~ 2966 CONGRESSIONAL RECORD-SENATE. MAY 4,
By Mr. KILLINGER: The petitions of the Lochiel Rolling Mill He also laid before the Senate a communication from the Secretary Company; of J. & J. Wistar, of Harrisburgh; of Lyman Nutting, of of the Interior, transmitting, in compliance with Senate resolution of Middletown ; of Van Allen & Co., of Northumberland i and of Grove April 1, 1880, letters from the Commissioner af Indian Affairs and Mr. Brothers, of Da.nville, Pennsylvania, of· similar import-to the same Mcintyre in regard to settlers on the Uncompahgre Park, Colorado; committee. which was ordered to lie on the table, and be printed. By Mr. KING: The petition of the Cotton Exchange of New Or leans, Louisiana., for speedy and favorable action on the report recom PETITIONS AND MEMORIALS. mending the Mississippi River commission-to the Committee on Mr. McPHERSON presented the petition of the Raritan Woolen Levees and Improvements of the Mississippi River. !dfils, of Raritan, New Jersey, manufacturers of woolen goods, employ Also, resolutions of the Legislature of Louisiana, favoring appro mg seven hundred and fifty hands, and the petition of the Somerset priations for the improvementof Pearl River; also, of Amite River; Manufacturing Company, of Raritan, New Jersey, manufacturers of 1a.lso, of Red River-to the Committee on Commerce. woolen goods, praying for the passage of the Eaton bill providing for Also, resolutions of the Legislature of Louisiana for the establish- the appointment of a ta.riff commission; whioh were ordered to lie on , ment of nautical chairs in the University of Louisiana, and the Lou the table. isiana State University and Agricultural and Mechanical College, and Mr. CAJ\1ERON, of Wisconsin. I present a resolution adopted by the Chamber of Commerce of Milwaukee, addressed to Congress re t for application to the Secretary of the Navy for the necessary vessels, books, charts, instruments, &c.-to the Committee on Education and monstrating against the passage of the bill, now said to be pending Labor. in the Honse, known as the Hurd bill. The resolution sets forth" that By Mr. MoCOID: The petition of William Ewing, for a pension-to this cha~ber emphatically protest.a against the passage by Congress the Committee on Invalid Pensions. of the bill introduced by Mr. HuRD, of Ohio, prohibiting the trans By Mr. McLANE: The petition of Walter Sarrell, for pay for serv portation of any freight from any point in the United States to any ices as pilot on board a Government transport-to the Committee on 0th.er p<_>int in the Umted ~tates through Canada, believing that such ..Claims. leg1slat10n would be unwise, uncalled for, and exceedingly detri Also, the petition of H. William Ellicott, of Baltimore, Maryland, mental to the commercial interests of the Northwest." I move the ifor the passage of the Eaton bill providing for the appointment of reference of the resolution to the Committee on Finance. . a tariff commission-to the Committee on Ways and Means. The motion was agreed to. By Mr. NEAL: The petitions of R. D. McManigal & Co., of Union Mr. DAWES presented the petition of James C. Warr, of Wareham, .:Furnace, and of William D. Kelly & Sons, of Ironton, Ohio, for the Plymouth County, Massachusetts, manufacturer of merchant-iron ·passage of the Eaton bill providing for the appointment of a tariff employing one hundred and twenty-five hands, and the petition of •Commission-to the same committee. fourteen firms of Rockville, Connecticut, manufacturers of woolen By Mr. O'CONNOR: The petition of'leading merchants of Charles goods, employing eighteen hundred and twenty-five hands, praying -ton, South Carolina, that salt be placed on the free list-to the same for the passage of the Eaton bill providing for the appointment of a -committee. tariff commission; which were ordered to lie on the ta.ble. · Also, the petition of the South Carolina Medical Society, against Mr. ROLLINS presented the petition of the Concord Ma.nnfactur -clothing the National Board of Health with the enlarged powers pro ing Company, of West Concord, New Hampshire, manufacturers of vided for in the Harris and Acklen bills-to the Committee on the woolen goods, employing ninety hands, praying for the passage of Origin, Introduction, and Prevention of Epidemic Diseases in the the Eaton bill providing for the appointment of a tariff commission· United States. which was ordered to lie on the table. ' By Mr. ROBINSON: The petition of L. Pomroy's Sons, of Pitts Mr MoDONALD presented the petition of the Ohio Falls Iron field, Massachusetts, for the passage of the Ea.ton bill providing for Works, of New Albany, Indiana, manufacturers of iron, employing I.' the appointment of a tariff commission-to the Committee on Ways three hundred hands, praying for the passage of the Eaton bill pro and Means. viding for the appointment of a. tariff commission.; which was ordered By Mr. TUCKER : The petition of William Milnes, of Shenandoah to lie on the table. Iron Works, Pa.ge County, Virginia, of similar import-to the same Mr. SLATER. I present a memorial signed by Ladd & Tilton, >-0ommittee. bankers; the First National Bank, James Steel; the Bank of British By Mr. J. T. UPDEGRAFF: The petition of William B. Lindsey, Columbia, W. W. E)oancis; the Oregon and Washington Mortgage6 :president, and I. C. Caruthers, secretary, of Steuben ville Furnace and Savings Bank, (limited,) W. Reed1 managing director; and the Bank Iron Company, of similar import-to the same committee. of British North America, and about 5,000 others, citizens of Port By Mr. WASHBURN: The petitions of P. H. Kelly & Co. and 20 land, Oregon, praying for an appropriation of .$250,000 to begin the .-0thers, business men and firms of Sa.int Paul ; and of George R. Newel construction of a breakwater at the mouth of the Columbia ·River, ~nd 12 others, business men and firms of Minneapolis, Minnesota, that in accordance with the report of Colonel Gillespie, Major of Engineers, ;-Salt be placed on the free list-to the same committee. made December 17, 1879, to the Chief of Eagineers. I move the By Mr. WEAVER: The petition of John Graham, of Morris, Illi reference of this memorial to the Committee on Commerce. nois, and 68 others, for the passage of the Weaver soldier bill-to the The motion was agreed to. . .Committee on Military Affairs. Mr. SLATER. I present a petition of 5,000 citizens of Oregon, pray Also, the petition of John Morrell & Co., of Ottumwa, Iowa, and ing Congress to pass an act authorizing the President to invite all the 61 others, that salt be placed on the free list-to the Committee on governments of the world having maritime commerce to ap{lOint dele Ways and Means. gates to represent such governments in a convention of all such na By Mr. WELLS: A paper relating to the establishment of a pow tions, to be held in Phila.delphia, for the purpose of _maturing and -0.er mill by the Government-to the Committee on Appropriations. presenting a plan for the construction of a free ship-canal across the By Mr. WILLIS : The petition of Jarvis & Co. and 12 other firms Isthmus of Darien, of such dimensions as will admit the passage through -0f Louisville, Kentucky, that salt be placed on the free list-to the it of all ships, small and great; the construction of such canal to be Committee on Ways and Means. paid for in proportion to the tonnage of each nation uniting in it,s By Mr. THOMAS L. YOUNG: The petition of Michael Tranter & construction, and to be kept in repair thereafter by each nation pay ·Co., of Cincinnati, for the passage of the Eaton bill providing for the ing therefor in proportion to the tonnage of each nation passing through appointment of a tariff commission-to the same committee. said canal. I move the reference of the petition to tlae Committee on Also, the petition of John Renner, of Cincinnati, for the passage of Foreign Relations. the bill (H. R. No. 4812) known as the Carlisle bill, amending the in The motion was agreed to. ternal-revenue laws-to the same committee. Mr. TELLE~ presented. a memorial of citizens of Rio Grande County, _Also, the petition. of Colonel William P. Chambliss, late major of Colorado, remonstrating against the proposed change recommended the Fourth Cavalry, United States Army, to be placed on the retired by the Public Land Commission in the method of disposing of the nub Jist-to the Committee on Military Affairs. lic lands; which was referred to the Committee on Public LandB. Mr. WALLACE presented the petition of Spang, Chalfant & Co., of Etna, Pennsylvania, manufacturers of iron and wrought-iron tub ing, employing three hundred and seventy-five hands, praying for IN SENATE. the passage of the Eaton biU providing for the appointment of a tariff commission; which was ordered to lie on the table. TUESDAY, May 4:, 1880. Mr. BUTLER presented an extr:ict from the proceedings at the Prayer 'by the Chaplain, Rev. J. J. BULLOCK, D. D. State board of health of Charleston, South Carolina, touching the The Journal of yesterday's proceedings was read and approved. powers of the National Board of Health in the matter of State quar antine; which was referred. to the select committee to investiga.te EXECUTIVE COMil-fUNICATIONS. and report the best means of preventing the introduction and spread The VICE-PRESIDENT laid before the Senate a communication of epidemic diseases. from the Secretary of War, transmitting a report of Major W. H. H. Mr. HILL, of Georgia, presented the petition of the Atlanta Roll Benyard, Corps of Engineers, upon a survey and proposed improve ing-Mill Company, of Atlanta, Georgia, manufacturers of rails and ment of the mouth of the Red River, Louisiana, and a communication bar-iron, employing four hundred and ninety-three hands, and the from the Chief of Engineers, submitting a report of the Board of En petition of the Ridge Valley Iron Wo:r:ks, of Ridge Valley, Georgia, gineers for fortifications and for river and harbor improvements, in manufacturers of pig-iron, employing one hundred and fifty hands, frirther elnc~dation of the subject; which was referred to the Com praying for the passage of the Eat.on bill providing for the appoint mittee.on Commerce, and ordered to be printed. ment of a tariff commission; which were ordered to lie on the table. i880. CONGRESSIONAL RECORD-SEN.ATE. 2967
Mr. HAMLIN presented the petition of S. P. Brown & Co., of D0ver, which was ordered to be printed, and the bill was postponed indefi Maine, manufacturers of woolen goods, employing seventy-fr ve hands<, nitely. praying for the passage of the Eaton bill providing for the appoint He also, from the same committee, to whom was referred the bill ment of a tariff commissioa; which was ordered to lie on the table. (S. No. 1288) to authorize the President to restore D. M. Page to his Mr. BAYARD presented the petition of the McCullough Iron Com former rank in the Army and place him upon the retired list, sub pany, of Wilmington, Delaware, manufacturers of sheet-iron, em mitted an adverse report thereon; which was ordered to be printed,. ploying three hundred hands, praying for the passage of the Eaton and the bill was postponed indefinitely. bill providing for the appointment of a tariff commission; which was He also, from the same committee, to whom was referred the bill ·ordered to lie on the table. (S. No. 1455) authorizing the President to appoint John W. Ho:ffman a second lieutenant in the United States Army, submitted an adverse MARIETTA SOLDIERS' MONUME:NT. report thereon ; which was ordered to be printed, and the bill was Mr. MAXEY. I am instructed lly the Committee on Military Affairs, postponed indefinitely. to whom was referred the bill (H. R. No. 3347) to authorize the Secre He also, from the sa.me committee, to whom was referred the bill tary of War to furnish four pieces of condemned ordnance for the (H. R. No. 1128) for the relief of James M. Ruby, reported it with an soldiers' monument at Marietta, Ohio, to report it ba-0k with an amend amendment, and submitted a report thereon ; which was ordered to ment; and by instruction of the committee I request the immediate be printed. consideration of the bill. The amendment removes all possible ob Mr. RANDOLPH, from the Committee on Military Affairs, to whom .jection to the passage of the bill. was referred the bill (S. No. 869) for the relief of Mrs. Julia L. Will By unanimous consent, the Senate, as in Committee of the Whole, iams, administratrix of the estate of William P. Williams, deceased, proceeded to consider the bill. asked to be discharged from its further consideration, and that it be The amendment reported from the Committee on Military Affairs referred to the Committee on Claims ; which was agreed to. was, in l.iue 6, after the word " of," to insert '' cast-iron," so as to make Mr. HAMPTON, from the Committee on Military Affairs, to whom the bill read: was referred the bill (S. No. 1512) for the relief of Eli Wright and B e it enacted, &c., That the Secretary of War be authorized to furnish to the John B. Meigs, volunteers in the military service of the United States Soldiers' and Sailors' Monument· Association of Washington County, Ohio, from in the Indian wars in Florida, asked to be discharged from its further the condemned ordnance of the United States, four pieces of cast.iron cannon for the soldiers' monument recently erected in the public park in the city of Marietta, consideration, and that it be referred to the Committee on Public Washington Uounty, Ohio. Lands; which was agreed to. He also, from the same committee, to whom was referred the bill (S. The amendment was agreed to. No. 986) for the relief of Thomas I. Miller, of Washington Territory, The bill was reported to the Senate as amended, and the amend reported it without amendment. ment was concurred in. He also, from the same committee, to whom the subject was referred, _The amendment was ordered to be engrossed and the bill to be read reported a bill (S. No. 1719) for the relief of Paulina. Jones, widow of a third time. Alexander Jones, deceased, Company E, Second North Carolina In The bill was read the third time, and passed. fantry; which was read twice by its title. LOAN OF TENTS, ETC., TO NEW HAMPSIDRE. He also, from the same committee, to whom waB referred the bill Mr. MAXEY. I am further instructed by the Committee on Mili (S. No. 1409) for the relief of James H. Woodard, reported adversely tary Affairs, to wh
By unanimous consent, the Senate, as in Committee of the Whole, Mr. BAYARD asked, and by unanimous consent obtained, leave to proceeded to consider the bill introduce a bill (S. No.1714) for the relief of Thomas Y. De Normandie; Mr. DAVIS, of West Virginia. I think we ought to have some ex which was read twice by its title, and referred to the Committee on planation of the bill. Finance. Mr. TELLER. There are two letters here from the Secretary of Mr. BOOTH asked, and by unanimous consent obtaine~, leave t<> War saying that there is not only no objection, but it is desirable introduce a bill (S. No. 1715) for a public building at Sacramento, Cal that this action should be had. This railroad company meets Fort ifornia; which was read twice by its title, and referred to the Com David Russell almost when it starts. Within :five or six miles it is mittee on Public Buildings and Grounds. compelled to enter upon that line. Fort Laramie·is one hundred and Mr. HAMPTON asked, and by unanimous consent obtained, leave :fifty or one hundred and sixty miles still further away, but Fort David to introduce a bill (S. No. 1716) granting a pension to Thomas J. Russell they want the privilege of passing immediately. A letter from Mackey, late special provost marshal; which was read twice by its the Department shows that the War Department agree to it, and say title, and referred to the Committee on Pensions. it is desirable in fact. Mr. PADDOCK asked, and by,unanimous consent obtained, leave Mr. ALLISON. There is no doubt about it being a desirable thing to introduce a bill (S. No. 1717) creating Yakima land district in te do, because it will save freights. Washington Territory; which was read twice by its title, and referred Mr. DAVIS, of West Virginia. Let the bill be read again. to the Committee on Public Lands. The Secretary read the bill. He also asked, and by unanimous consent obtained, leave to intro Mr. TELLER. I ask to have the amendments read, one of which duce a bill (S. No. 1718) to increase the efficiency of the marine-hos limits the right of way to one hundred feet. pital service; which was read twice by its title, and referred to the The VICE-PRESIDENT. The amendment reported from the Com Committee on Commerce. mittee on Military Affairs will be read. STATUE OF GENERAL DANIEL MORGAN. The SECRETARY. After the word "Russell," in line 6, it is proposed to insert the words ''and Fort Laramie," and at the end of line 7 to Mr. HAMPTON. The joint resolution (S. R. No. 84) to furnish a add: bronze statue of General Daniel Morgan to the Cowpens centennial Prwided, Such right of way shall not exceed one hnndrecl feet in width. committee of Spartanburgh, South. Carolina, was reported from the Committee on Military Affairs adversely and postponed indefinitely. So as to make the bill read : I ask to reconsider the vote indefinitely postponing the joint resolu Be it enacted, d!c., That the Wyoming, :Montana. and Pacific Railroad Company, a corporation organized under the laws of the Territory of Wyoming, is hereby tion, in order that it may again be referred to the Committee on Mili authorized to build its Toad across the Fort Russell and Fort Laramie military tary Affairs. r68ervations, upon such line as may be approved by the Secretary of war: Provided, The VICE-PRESIDENT. The Chair hears no objection, and the Such right of way shall not exceed one hundred feet in width. vote by which the joint resolution vras indefinitely postponed will be Mr. DA.VIS, of West Virginia. I see that the Secretary of War has regarded as reconsidered, and the joint resolution will be referr~d to to approve the location, which is proper, but I ask the Senator why the Committee on Military Affairs. he wants a hundred feet through the military reservation f That is ARMY LINE OFFICERS. a very unusual amount for a railroad. Mr. FERRY. On the 12th of April I introduced a bill (S. No.1614) Mr. TELLER. I will say that in all the western country that is to regulate the promotion and fix the rank of line officers of the the amount we have for all our roads. We have taken one hundred Army. I have a tabulated statement of the promotions from first feet. I believe it is the suggestion of the Department that it should lieutenants to captains in the Army from 1870 to 1879 inclusive. I be a hundred feet. move that it be printed and referred to the Committee on Military Mr. INGALLS. Let us hear the letters read. Affairs, to accompany the bill. Mr. TELLER. Let the letters from the Department be read. The motion was agreed to. The VICE-PRESIDENT. The letters will be reported. The Chief Clerk read as follows: AGRICULTURAL DEPARTMENT. WAR DEPABTMENT, On motion of Mr. DAVIS, of West Virginia, it was Washington Oity, May 3, 1880. Ordered, That the bill ~- No. 966) to create an agricultural department be re Sm: Referring to Senate bill 1670, introduced by you, authorizing the Wyoming, ferred to the Committee on Agriculture and printed. Montana and Pacific Railroad Company to build its road a.cross the Fort Russell military reservation, I have the honor to inform yon that the General of the Army DECIS~ONS UNDER SE.i.~ATE RULES. has verbally reported to the Department that there is no military objection to the Mr. DAVIS, of West Virginia. I have a paper here, the title of passage of this bill, shol!ld a provision be inserted therein that the line crossing the reservation shall not exceed one hundred feet in width. which I ask the C~erk to read, and then I shall ask to have it printed. Very respectfully, your obedient servant, There will be no objection to it. ALEX. RAMSEY, The CHIEF CLERir. "A compilation of the questions of order and Secretary of War. the decisions thereon under the rules of the Senate since their adop Hon. H. M. TELLER. United SfAUes Senat,e. tion January 17, 1877." Mr. DAVIS, of West Virginia. At my request Mr. Sympson, who WAR DRP.A.IlTME?."T, is well known to us all, has prepared the rulings upon the new rules Washington Oity, May 4, 1880. since their adoption two years ago, whieh I ask to have printed for Sm : I am in receipt of your letter dated the 3d instant, requesting to be informed whether any objection exist.s to allowing the Wyoming, Montana and Pacific Rail the use of the Senate. road Company to build its road across the Fort Laramie reservation. In reply Mr. HOAR. Before that document is printed I think it had better thereto I have the honor to inform yon that the General of the Army reports that be referred to the Committee on Rules. " there is not the least possible objection, but the contrary; a. railroad to Laramie Mr. DAVIS, of West Virginia. I have no objection at all. will be very advantaaeous." A provision shoul8 be made, however, that the road crossing the reservation Mr. HOAR. I have no doubt the work is thoroughly done. should not exceed one hundred feet in width. Mr. DAVIS, of West Virginia. I have not the least objection to Very respectfully, your obedient servant, the reference, but I take it the subject has been examined very care ALEX. RAMSEY, fully. I think it had better be printed and referred to the commit Secretary of War. Hon. H. M. TKLLER, tee; it is short. United States Senat,e. Mr. HOAR. They may want to add other matter. The VICE-PRESIDENT. The question is on agreeing to the amend Mr. DAVIS, of West ~~inia. I have no objection. ments of the committee. The VICE-PRESIDE~T. The document will be received and The amendments were agreed to. printed and referred to the Committee on Rules. The bill was reported to the Senate as amended, and the amend Mr. HOAR. · My suggestion was that it be referred to the Commit ments were concurred in. tee on Rules before printing, as they may desire to have other matter The bill was ordered to be engrossed for a third reading, read the printed with it. third time, and passed. The VICE-PRESIDENT. That shall be the order. The title was amended so as to read: "A bill to authorize the Wy MESSA.GE FROM THE HOUSE. oming, Montana and Pacific Railroad Company to build its road across A messag~ from the House of Representatives, by Mr. T. F. KING, the Fort Russell and Fort Laramie military reservations." one of its clerks, announced that the House insisted upon its amend BILLS INTRODUCED. ment to the first amendment of the Senate to the bill (H. R. No. 3035) .Mr. MORGAN asked, and by unanimous consent obtained, leave to making appropriations for the consular and diplomatic service of the introduce a bill (S. No. 1712) providing that the President of the Sen Government for the fiscal year ending J nne 30, 1881, and for other ate shall submit to the Senate and House, when assembled to connt purposes, disagreed to by the Senate, insisted upon its dis~weement the votes for ~esident and Vice-President, all packages purporting to the second and third amendments of the Senate to said bill insisted to contain electoral votes; which was read twice by its title, and re on by the Senate, and agreed to the conference asked by the Senate ferred to the select committee to take into consideration the state on the disagreeing votes of the two Houses thereon, and ha tary Affairs and to which abjection was made a few moments since. BEN HO~AY. The objection having been withdrawn, it will not occupy more than Mr. CAMERON, of Wisconsin. Mr. President- two minutes. Mr. COCKRELL. The regular order, Mr. President. By unanimous consent, the Senate, as in Committee of the Whole, The VICE-PRESIDENT. The regular order is demanded, which· proceeded to consider the joint resolution (S. R. No. 104) authorizing is the consideration of the Calendar of General Orders under the An the Secretary of War to lend certain tents, flags, &c., to the governor thony rule, so called. of the State of New Hampshire for the use of the militia of that State Mr. CAMERON, of Wisconsin. I gave notice yesterday that after- at their general muster to be held the present year. the routine business of the morning hour had been gone through The joint resolution was reported from the Committee on Military with to-day, I should move to postpone the consideration of the Cal Affairs with an amendmfimt in line 9, after the word" depots," to in endar for the purpose of taking up the Holladay case. I now move- sert ''and can be spared without detriment and without expense to to postpone tbe present and all prior orders for that purpose. the United States;" so as to make the proviso read: The VICE-PRESIDENT. The Senator from Wisconsin moves to· Prwided, That such things are in the reserve supplies of the various quarter postpone the pending order, being the consideration of the Calendar master depots, and can be spared without detriment and without expense to the of Genernl Orders under the Anthony rule. The question is on the United States, and that security to the satisfaction of the War Department for their r eturn be furnished by responsible parties, subject only to ordinary wear and motion of the Senator from Wisconsin. usage of the same. Mr. COCKRELL called for the yeas and nays, and they were or dered. 1 The amendme11t was agreed to. The Secretary proceeded to call the roll. The joint resolution was reported to the Senate as amended, and Mr. KERNAN, (when his name was called.) I understand this the amendment was concurred in. motion is for the purpose of taking up the Holladay bill. On that· The joint resolution was ordered to be engrossed for a third read bill I am paired with the Senator from Pennsylvania, [Mr. CAM ing, read the third time, and passed. ERON.) If he were here, I should vote'' nay." SOLDIERS' REUNION AT WICHITA, KANSAS. Mr. McPHERSON, (when his name was called.) On this question Mr. PLUMB. At the same time the Senator from Texas reported the I am paired with the Senator from Colorado, [Mr. HILL.] If hewer& . joint resolotien which has just passed, he reported favorably another here, I should vote" nay." of the same tenor with reference to a celebration of-the Union Vet The roll-call having been coucloded, the result was announced eran Corps at Wichita, Kansas, and I ask that that be considered yeas 29, nays 27 ; as follows : now. YEAS-29. By unanimous consent, the Senate, as in Committee of the Whole, .Allison, Conkling, Jonas, Teller, Baldwin, Dawes, Jones of Nevada, Va.nee, proceeded to consider the joint resolution (S. R. No.107) to authorize Blaine, Edmunds, Kirkwood, Voorhees, the loaning of certain tents and artillery to the Union Veteran Corps, Blair, Gordon, McDonald, Williams composed of ex-Union soldiers, for the purposes of a reunion to be Booth, Hamlin, Paddock, Windom.' held at Wichita, Kansas, in the month of October, 1880. Brnee, Hereford, Platt, Burnside, Hoar, Rollins, The joint resolution was reported from the Committee on Military Cameron of Wis., Ingalls, Saunders, Affairs with an amendment in line 12, after the word "service," to insert "and without expense to the United States;" so as to make NAYS-27. the proviso read: · Bailey Ea.ton, Johnston, Saulsburyr Ba.yaru,1 Farley, .Maxey, Slater, · Provided, Said tent.a and artillery can be spared without detriment to the pub Butler, Ferry, Morgaa, Thurman,. lic service, and without expense to the United States, and that proper security Call, Garland. Morrill, Vest, shall be given for the return of said public stores in proper condition. Cockrell, Hampton, Plumb, Walla.ce, Coke, Harns, Pryor, Withers. The amendment was agreed to. Davis of W. Va., Hill of Georgia, Randolph, The joint resolution was reported to the Senate without amend ment, ordered to be engrossed for a third reading, read the third time, ABSENT-20. Anthony, Groome, Kernan, Pendleton, and passed. Beck, Grover, Lamar, Ransom, BUSINESS OF MILITARY COMl\IITTEE. Cameron of Pa., Hill of Colorado, Sharon, Carpenter, Jones of Florida, ifc~ Walker, Mr. RANDOLPH. The Committee on Military Affairs instructs me Davis of Illinois, Kellogg, McPherson, Whyte. as its chairman. to ask the Senate that some day, I will designate next Tuesday, the 11th instant, he set aside for the consideration of So the motion was agreed to. the bills on the Calendar that have come from that committee. It The VICE-PRESIDENT. The Senator from Wisconsin moves thatr will be found by examining the Calendar that of three hundred and the Senate now proceed to the consideration of the bill.for tke relief twenty-five or three hundred and thirty bills now upon it: over sixty of Ben Holladay. :five, sixty-six I think, come from the Military Committee, and accord The motion was agreed to ; and the consideration of the bill (:S. ing to the progress we have been making with the Calendar, no con No. 231) for the relief of Ben Holladay was resumed as in Committee v siderable number of these bills can be reached during the present of the Whole. session. It has been the practice of the Senate since I have been a An amendment was reported from the Committee on Cla.ims, after member of the body to occasionally give to a committee with so much the words" United States/' in line 8, to strike out: work before it, and with very many reports made to the Senate, this For spoliations by hostile Indians on his property while carrying the United State& indulgence. I ask, therefore, that some special day or that a part of mails, during the existence of Indian hostilities on the line of said mail-route; for Rroperty taken and used by United States troops for the benefit of the United some day be set aside for the consideration of the cases on the Cal States; and for losses of property and expenses incurred in changing his mail endar that have come from the Military Committee. route, in compliance with the orders of the United States commanding officer. The VICE-PRESIDENT. Will the Senator indicate a day Y Mr. RANDOLPH. I will indicate next Tuesday, the 11th. And in lien thereof to insert : Mr. TELLER. If it requires general consent, I shall object to it. On account of his contra.ct with the Post-Office Department to carry the United States mails, and in full payment and satisfaction for all losses sustained by him The VICE-PRESIDENT. Objection is made. by reason of his having carried the mail on a. route different from the one specified Mr. TELLER. I do not see why the Military Committee should in the contract under the order of the military authority of the United States, and come in ahead any quicker than any other committee. upon the request of the President, during the existence of Indian hostilities on th~ Mr. RANDOLPH. I should like to answer briefly, simply because line of said mail-route; and in full satisfac'tion for the property taken and used'1>y that committee, as will be. found by examination of the Calendar, United States troops for the benefit of the United States. has very much more business on the Calendar than the proportion of The amendment wa-s agreed to. the committees of the Senate. I have just said that of three hundred Mr. MORRILL. Mr. President, I have looked at this report in order and thirty or three hundred and thirty-five bills now on the Calendar to find some detail upon which the amount is made up. I fail ·to find sixty-five or sixty-six are from the Military Committee. I think that any detail of the amount of damages unless it is found in the ap should give some weight to that committee's claim and request be- pendix to this report, No. 216. I find there that the charges are for fore the Senate. · horses, $200 apiece, invariably almost, and the same for mules. This· Mr. FERRY. I desire to ask the SenatorfromNewJerseyif it is his committee cite as a precedent a small bill reported by a. former Sen- purpose to have the bills considered upon their merits irrespective of ator from Oregon, (Mr. Corbett,) where it seems that thesa.me amount. the Anthony rule T was charged by the claimant for horses, but it was reduced in his bill Mr. RANDOLPH. I would not object to having them considered from 200 to $50 apiece, and where $150 was charged it was reduced, under the Anthony role. to $37.50. · • Mr. FERRY. I would object to that as far as I am concerned. I But, Mr. President, it is a. little queer as to the report of the dam- think as we have the Anthony rule now during the ordinary morning ages suffered by this party-- · hour, if a day or more be set apart to consider cases upon the Calen Mr. CAMERON, of Wisconsin. If the Senator will allow me, l1 dar they should be considered upon their merits. Let the cases be think I can make a.n explanation which perhaps may be satisfactory disposed of as we reach them. Cases that have merit now are sub to him. The horses and mules lost by Mr. Holladay were horses and ject to one objection simply 8ecause the objector does not understand mules used by him as stage horses and mules, and were of a. superior· the case, or has not givell it the attention which other Senators have. quality. The horses referred to by the Senator in the bill introduced The VICE-PRESIDENT. Objection is made to the request of the by the former Sena.tor from Oregon were not stage horses, bot stock Senator from New Jersey. horses on the prairies. 2970 CONGRESSIONAL RECORD-SENATE. MAY 4, Mr. MORRILL. I read from the report in relation to the horses Mr. HOAR. That is the thing that is dated December 2 1864. reported in the Elbridge Gerry case. It states : Mr.. MORRILL. That is the thing, and the only thing I ftnd of any It will be borne in mind that Holladay, the claimant, sustained his losses w bile P.rom1se on the part of the Government to furnish military protec carrying the transconti:..ental mails through the same re!!ion at a period when their tion. transportation was of highest importance to the whole oountry. M~. CA.¥ERON, of ~iscon~in. Chivington had been ordered to That is, horses in the same region and at the same period in one furmsh nn~tary protection prior to that time· but the Government case are valued at $50 each, and in the other at $200 each. ~ound tha~ it c~uld not protect the route on which Mr. Holladay was I do not understand that there is any difference stated in the report then runmng his stag~s, and consequently directed him to remove lfis of either claimant as to the value of the horses. They both claimed route from thirty to fifty miles so~th of where he ":as then running. $200 each. But the report is curious in this ; it states : Mr. MORRILL. Well, Mr. President, I only take it as I find it here The testimony tends to show that the damage to the memorialist of this removal in the report. It is a little curious that so many of these mules and of line under the Chivington order, embracing as it did the transfer of houses barns hay, grain, and othel' articles, anti rebuilding structures nooessary to the lliie wa.S horses should h~ve been in such equal and capital order as to be worth in the neighborhood of $50,000. ' exactly 200 apiece, and that the harnesses were all in fine order and charged at a rate equal to the cost of new harness. ''Twelve sets of 11 Again, it states damages thus : Was in the neighborhood of $30,000. harness, at $20 a~iece," and so on throughout. "Five sets of four Mr. President, I do not understand that we have ever established horse harness, at $110 each." a principle so broad as is laid down here, of guaranteeing mail car There does not seem to be any reduction in the prices of horses riers under contract a~ainst all losses. I supposed that thfly were mules, or harness on account of wear and tear, and the price of barley paid large prices, knowmg that it was a hazardous service, and there and oats was co.n:puted at the highest rate, I suppose, wit.bout any fore I should like to know if the Senator reporting this bill can give regai:d to the testimony, altho'!lgh I see that there is some testimony us the amount that was paid to this claimant for the transportation that it waa not yalued at so high a rate at that time at some places. of the mails from 1860 to 1866 t But, ¥1'· Pres1dent1 I merely rose to say that while I shall vote to Mr. CAMERON, of Wisconsin. I am not able to give it. refer this case to the Court of Claims, I shall vote a.O'ainst this bill. Mr. MORRILL. I think that is a very important consideration. Mr. KERNAN. Mr. President, I desire that Mr. Holladay shall have · The Senator says be is not able to give it. I should like to see whether what~v~r p.e isj~tly entitled to. My trouble with this bill is that I the party was under contract and paid the price of hazardous service fear it is 1mposs1ble for any one, from the evidence which the com for carrying these mails. I understand that the sum paid from 1860 mittee have taken, to determine with any certainty that all this prop to 1866 was very large, and before this bill shall pass I should like to ert~, at the value put down here, was destroyed under circumstances have some account of the amount that wa.s paid to this contractor. which should call upon the Government, even in the broadest sense But, Mr. President, while I do not wish to do anything that is wrong of equity, to indemnify Mr. Holladay. in relation to this claim-if t.be party ha.a a just claim I am willing ~f you look at the rep.ort beginning on page 11, you will find, what that he should be paid; but I do not think that a committee of this strikes me as extraordmary, that on "April 16, 1862," there were body is the proper tribunal .to take an account of the damages that "twenty-two mules and horses at $225 each" taken· "April 17 1862 he had suffered. It ought to go to the Court of Claims, and where nine ~ead mules at 200 each." I skip a great m~ny other items~ they can have some testimony possibly a little different from what "Apnl 18, 1862, five mules at 200 each;" "April 20 1862 two mules has been brought here in behalf of the Government. I ask gentlemen at 200 each; " "April 23, 1862, ten mules at 200 e~ch · ,,' ''April 18 1862, eight mules and ho:ases at $200 each;" "March '23 1862 fiv~ · to look at the testimony that is brought in here in behalf of the Gov 11 ernment. horses at $175each; "eighteen mules at $225 each;" "April 1, i862, Mr. CAMERON, of Wisconsin. Will the Senator allow me a mo fifteen mules and horses at $125 each; " "April 21, 1862 six mules and ment! horses at $175 ea-ch;" ''March, 1862, thirteen mules at $150 each." Mr. MORRILL. Certainly. And .so going through you will find a great number of horses and m Mr. CAMERON, of Wisconsin. Durin~ the last Congress the Com mules the months of March, April, and June, 1862, amounting to m.itt~ on Claims reported this claim bacK with a bill recommen<}ing between two hundred and three hundred mules and between one hun that it be sent to the Court of Claims for trial and adjudication. d~d ~nd two hundred 1:1orses. ~Iy difficulty is that a claim of this Mc. MORRILL. I understand that, and I think it was a mistake kind, if the Government lB to be liable for it, should be sifted in some that Congress did not do it. court where you can get at the fac~ in detail and sea that this prop Mr. CAMERON, of Wisconsin. It was a mistake that the Senator erty was destroyed. Where so much is claimed for destructions in from Vermont who is now addressing the Senate contributed very different places on the same day it is difficult to know what ·was really largely to, if it was a mistake. destroyed by the Indians and what may have been stolen by some Mr. MORRILL. 'Mr. President, if you will look over the testimony body ~lse, and ~hat may have been lost or destroyed in other ways. JUdgme~t 18 tha~ that is ~ro:nght here in behalf of the Government, you will find it very My and always has been this matter ought to go meager mdeed; and I do not doubt but what the committee properly to a co~t. It is ~niwered by the gent~eman m charge of the bill that rejecte.d the most of it as weak and inconsequential. There were but ~he!11t was up m 1877-'?8 the com11?-1ttee reported in favor of send· fow:witnef?80s, so far as I can find, who were brought here to give any mg it to tho Court of Claims. That is true; and I have the bill tliey testimony m behalf of the Government of the United States. All the reported in my hand. While I have not looked at the RECORD I re remaindAr is entirely ex parte. One of these witnesses was a boy from member for mys~lf that I c;>bjected to that bill on the ground that it not only authorized but directed the court, as I thought to adjudi seve~teen to nineteen years of age, another was a bugler, and so on. cate the claim on the affidavi~ which were then in the \oeport before It will be seen that the Government has had no proper showina0 in this case. us, and some of which I read to shbw how entirely loose they were Then, again, the question comes up, and is relied upon as appears by and wholly ex parte . . I remember this, but I have not looked at the the report of the committee to some extent, that the Government RECORD to see all that occurred in the Senate. I have the bill which itself has given this party some claim to remuneration because it was then reported. I criticised it then. I will read it now. I will promised military pretection ; and yet it will be seen that a large read the whole bill, for it is very short. It is Senate bill No! 346 of ehare, and much the largest share of the damages so far as I can as the Forty-fifth Congress, the very one referred to in this report on page 5. I remember how it struck me at the time I objected to it. -0ert~in, was incurred prio~ to any promise of gi'?ng~hismilitarypro tection. The protection, it appears, was promised m 1864. It will B~ it. enacted, t&.,_ That t?e claim ~f Benjamin Holladay, now before Congress, for be see~ ~y the Chivington correspondence that he only proposed to spo.liatio~ by hostil.e Indians on ~ prop.ert,v, while carrying the United States mails, darmg the (lnstence of Indian hostilities on the line of said mail-rout.a· for grant it m 1864; and yet a large proportion of these details of dam property taken and used by United States troops for the benefit of the United S~tes · .ages oceurred from April 16, 1~2, along to 1864, but largely in 1862. and f~r loss~ of property and expen~es incurred in changing his mail-route, iii. On the whole, Mr. President, it does seem to me that this is a very compi.µmce with the orders of the Umted States commanding officer, be, and the grave question that ought to be settled by some positive law. If we same IS hereby, referred to the Court of Claims for adjustment, upon the affidavits and orders now before Congress, and such additional testimony as either party may .are to allow this claim it will unquestionably establish a precedent present, t-0 as~rtain the amo_unt of losses of pro~erty anu expenses sustained by .for all the damages that ever have been received on the part of con him as aforesaid, and render Judgment thereon. tractors since the foundation of the Government. I know of a case in my own State-- I t~en looked at ~om,e of the affidavits, and did not think they were sufficient to authorize anybody to find that any considerable amount ~· H<;>AR. I wish to call the Se~ator's attention, if he will per .mit me, m regard to a fact about which he has fallen into error. The of property had been actually destroyed by Indians. It was to be Senator from Vermont seems to undemtand that the date of the promise referred to the Court of Claims by that bill to Mcertain upon these of military protection was in 1864. He is in error upon that point. affidavits, and it is true "such other evidence," but these affidavits What happened in 1864 was the date of the removal. Colonel Chiv were to go there, and if the Government couldnot buntup other evi dence, would not the court adjudicate on them Y Did not that bill i~gton was ordered, and it was his duty, to furnish Mr. Holladay's line complete protection against hostile Indians, but he says "I can make these ex parte affidavits evidence before the court Y We objected not do that at all, unless your line is removed from the lin~ of con t? it and thought it ought not to go there on ex pa1·te affidavits, par tract to another line"- twularly such as we called attention to then, ii I remember ari~ht. Wbich I can only do by its removal from the Platte to the Cut-off routs. As it I think justice to Mr. Holladay should be done, but it shoula be n•w runs I am compelled to protect two lines instead of one. Yon will therefore d?ne ~y having the claim sent to a tnbuna;l before whom.he can bring reu:.ove your stock to the Cut-off route, which will enable me to use troops retained hlB witnesses, and let them be cross-exammed, and let bun, if he can, for an active campaign against these disturbers of public safety. satisfy a court that between two and three hundred mules were de Mr. MORRILL. And that the Senator will find is dated December stroyed in a month or two, and between one hundred and two bun· -21 1864. dred horses, and that they were worth this sum-a very high prictl 1880. CONGRESSIONAL RECORD-SENATE. 2971 You can go throu~h thi8report, which I have no doubt is made up as we were rmder obligations to thus protect him in his property, and well as the committee could on ex parte affidavits, and you will find if we were, I am not satisfied that there is any such amount due from 'that here is a sum of money awarded out of the Treasury, $526,739, the Government, and therefore on this evidence I cannot vote for the without having it scrutinized by a court. It is done as well as any bill. -committee can do it, I cencede; but it is on evidence which is very Mr. HOAR. Mr. President, I have great respect for the legal abil~ ·doubtful to my mind. I do not want to vote to do·him injustice, and ity and for the sense of justice and candor of the honorable Senator _yet I cannot vote for this bill with the evidence I have glanced from New York, [Mr. KERNAN,] and I wish to submit to the Senate --through, for it is so uncertain. and to him some considerations which it seems to me would in his Mr. WILLIAMS. I know my friend from New York does not wish mind qualify what he has said. ·to do injust-Wie. If he will examine the RECORD showing the action This man made a contract to perform the mail service which formed when the case was considered by the Senate before, he will find that a commercial link of communication between the Atlantic and Pacific the Senator frGm Ohio [Mr. THURMAN] said it was not a subject proper coasts before the construction of the Pacific Railroad. He made it in for the jurisdiction of the Court of Claims; that if the claim was a a time of profound peace so far as the territory over which he was to just one the Senate ought to decide upon it. It was on his motion perform that service was concerned. He made it under circumstances recommitted to the Committee on Claims with power to take the tes which the committee think and the Government thought, as repre timony of such witnesses as the claimant or the Government might sented by its agents, bound the Government to afford the necessary offer; and that committee did take that testimony. The Senator is military protection if a war broke out with Indian tribes on that mistaken in supposing that this report is based upon ex parte affid:i. route. That was his contract. vits, for here are twenty or thirty depositions taken that cover the Having made that contract and being engaged in the performance ~ntire ground, taken on interrogatorie8 and cross-interrogatories. of it, there broke out a. fierce, bloody, and dangerous Indian war, and Mr. KERNAN. I have stated nothing to the contrary of that. I the route over which he was to travel with his large number of coaches .said that when the case was here before, the bill then presented pro was so infested and occupied by hostile Indians that it became impossi posed to send the case to the Court of Claims on ex p~rte affidavits, ble without certain destruction to keep up that important commercial with instructions to find other evidence if they could; and I remem communication, the only alternative being communication around ber that that was so. If they could have got evidence which satisfied Cape Horn with our Pacific States; and thereupon the military officer me that he lost this large amount of property, worth these very large of the United States came to this man and said: "I order you to trans prices, hay in round numbers at thirty tons-fifty tons-and corn in fer your stock to another route which you have not contracted to go the same way, I should be willing to let it go; but all I mean to say on, because otherwise if I undertake to protect you. on the contract is, that I cannot find enough to satisfy my own judgment on the evi route, as I feel bound to do, I have got to leave the settlers unpro -dence reported, ex parte evidenc~ as it. is-and most of the same affi tected because I have not troops enough to do both." And thereupon davits that were here before I presume were used-that the Govern this man obeyed that order. "Illent owes any such sum as this. Mr. KERNAN. You refer to the order of 1864 ! Again, this involves a pretty important principle-- Mr. HOAR. I refer to the order of Colonel Chivington. Mr. MORRILL. If the Senator from New York will allow me, I Mr. KERNAN. I want to suggest-- will give information that I was not in possession of when I took the Mr. HOAR. Let me state this point consecutively if you please. floor a few moments ago. Thereupon that man obeyed that order and undertook, over the new Mr. KERNAN. I am very glad to get any information. route, adangerousoneandrequiringmilitaryprotection, to keep up this Mr. MORRILL. I find that the contract price for the service from link so important to the commerce and business of this country,· this July 1, 1861, to June 30, 1864, was $1,000,000 a year, and we paid the mail communication, the only communication with our Pacific coast, contractor 3,000,000 for that service. Then from Jnne 30, 1864, to and in the course of that service many of his drivers and servants ,. September 30, 1864, a lesser price was paid, $840,000 a year. were slain and a large number of his horses and mules killed and the Mr. HOAR. For the same service! supplies which he had laid in to support them destroyed by the In Mr. MORRILL. For the same service- 210,000 for that quarter. dians. Now, does any man in the Senate doubt that under these cir , If the party having the contract had lost largely from 1862 to 1864, cumstances it is reasonable to compensate a man who, under the it would hardly seem that he would take a contract for a lesser sum orders of the United States Government, over a new route, under than the service had been contracted for originally. Then from Octo took to keep up ibis important mail communication f Will the Sen ber 1, 1864, the service was let at a still lower rate. The first service ator from New York deny that proposition that it is a strong,claim was from Saint Jo to Placerville. The last service was from Saint on the equity and justice of this Government Y Jo to Salt Lake City, and for that $365,000 per annum was paid to In the next place he comes to Congre.ss and he·gives date and day June 14, 1868, and after that it was reduced to 347,648. and act of what happened in 1866; and the two Houses of Congress, Mr. PADDOCK. But the distance was reduced correspondingly as neither of them disputing his right to some compensation, differed as .-the Union Pacific Railroad was extended. to the mode. Then he came to the Senate again, two or three years Mr. MORRILL. I suppose it was. ago, and the committee said· this matter ought to be sent to the Conrt Mr. PAD DOCK. At the time the large amount was paid the line of Claims, it being a proper matter for judicial inquiry into facts -was some twelve hundred or fifteen hundred miles long, and there and amounts, but they said that the Court of Claims shall give such -were some seventeen hundred head of stock, mules and horses, em- weight as they deem proper-and to this I ask the c9nsideration of -ployed along the line. my friend from New York-'-the committee said in their bill: Let the · Mr. MORRILL. Let me say one thing more. I see by the report Court of Claims give such weight as they deem proper to the man's -that there is an intimation that this case has been before the House. affidavits, and let all other testimony be taken and cross-examined. Upon an examination of tho record-book showing the claims pre Why was that proper Y It was because the Court of Claims had •Bented there I do not find in that book. any reference to this case by bill, never had jurisdiction over this matter for ten years, and therefore petition, or otherwise. Even if the party having this claim urged it the man could not have preserved by law depositions ; he could not in 1866, it was not presented here until ten years after; and I do not have preserved the evidence of witnesses who had been cross-exam find in the record made by the House that it was presented there at ined at the time. It was all gone, lost. There was no legal provis ~. ion by which it could have been saved. Therefore, as his only rem Mr. KERNAN. I think any gentleman who will look through this edy for ten years had been an application to Congress which always statement of items will find in 1865 large amount.a of property taken deals with claims against the Government on affi.uavits, it was rea .and allowed for, mules, hay, horses, Sharps rifles, and all manner of sonable in changing the jurisdiction that the man should at least _property. Now, if the Gavernment is liable for all the property that have the benefit of having considered such evidence as if Congress was taken from this man in 1865, I am sure that if gentlemen will ex- had dealt with the matter would have been the sole evidence, for by -amine these papers they will find that there is not evidence here thart the lapse of time he might have lost all or a portion of the rest of would authorize us to vote this sum of money or to declare that the his testimony. · property was actually destroyed so as to make us liable on any equi- The PRESIDING OFFICER, (Mr. BRUCE in the chair.) The morn -table rnle. ing hour has expired. Mr. Holladay takes this contract at the large price which has been Mr. HOAR. I ask leave to finish this statement which will take me named ; he receives his pay ; and now we are to pay him for horses five minutes more, if the Senate please . .stolen from him. Certainly there was no . Indian war raging all The PRESIDING OFFICER. The Senator will proceed, if there be --through down to 1865, and I presume no one supposes the Govern no -objection. ment guaranteed to him-- Mr. HOAR. That seemed to the committee reasonable; but it Mr. TELLER. I should like to call- seemed otherwise to the Senate, to the Senator from Vermont and the Mr. KERNAN. I will assume that there was an Indian war all the Sena.tor from New York. They did not, however, amend the bill by ·.time. saying that the affidavits shall not be considered in the Court of Mr. TELLER. And a year longer than that. Claims. They went further. They said not only that but that the Mr. KERNAN. Very well. Where was the contract that said we Court of Claims shall not under any circumstances consider the case; ·should pay for all the mules the Indians might steal while this gen it is a matter fit for the consideration of the Senate, and we decide tleman was carrying the mail there, in peace or in war f He was carry that this bill shall be sent back to the Committee on Claims; that ing it for $1,000,000 a year, I understand; and yet the claim is that they shall have authority to send for persons and papers;. to admin the Government must make him good for Sharps rifles, for provender, ister oaths; to have a hearing on both sides, and that on such a hear for furniture-we find all these in the list-and then mules and horses ing this matter shall be decided . .and grain in round quantities all through. I cannot conceive that I think that that judgment of the Senate it is bound to stand by, 2972 CONGRESSIONAL RECORD-SENATE. MAY 4,. and that it is not just to this man to say one year when he wants to reiterated in the Senate of the United States. Sir, when instead of go into court, "You shall not go there because the Senate ought to argument we receive abuse, it is adding insult to injury. What is decide it," and then when he comes back and the Senate committee this declaration of the minority of the Committee· on Privileges and have decided it say, "Oh, well, no matter what they have decided, Elections upon a question involving the existence of the Constitution· you shall go back to the court again." Vote down the bill for his itself but an appeal to the partisan passions of the hour f What is it relief, whatever its provisions are, and however just it is, on the but a declaration to the people of the United States that the repub ground simply that somebody else ought to decide, not the particular lican party propose to merge and whelm all the other issues in the tribunal he applies to. I submit to my honorable friend from New single fact that sovereign States of this Union have dared to trust in York that that is unjust and unfair and a position which on reflection the Senate of the United States men who risked life and fortune and he will not himself stand to. all in common with their fellow-citizens in those State~, and what is Having decided that this case ought to be dealt with by the com this but an insufferable taunt of the most despicable order f mittee of the Senate, and it having been so decided, the matter comes The crop of.cant springs perennial and eternal with the republican to this precise question: The honorable Senator from Wisconsin, a party. The cotton crop may fail from the ravages of the caterpillar. gentleman whom I have no doubt this Senate would unanimously Wheat may perish with rust or weevil Com may be destroyed by confirm for chief-justice of the Court of Claims if he were nominated drought or floods, but the crop of cant is more certain with the repub for that office and "there were a vacancy, after patiently hearing wit lican party than" se~d-time and harvest." Who does not know that nesses on both sides and giving notice to the Government, found out all this virtuous indignation about the CQnstitution simply means in what he thought a mule was worth on the plains in the summer of dignation because the democrats in this Senate do not intend to allow 1862 in the midst of an Indian war. The Senator from Vermont the outrage committed upon a sovereign.State bY' a partisan majority· thinks the Senate should discuss that question and vote him down to remain unredressed, or that the republican party shall profit by because his notion of the value of mules at that time and place, he their unconstitutional and illegal action f not having heard a witness or considered the question specially, or "The men whose professions of returning loyalty to the Constitution. taken any testimony, differs from the conclusion which the honorable have been trusted by the generous confidence of the American people." Senator from Wisconsin co~es to.. We heard this refrain at the extra session, and it promiees to be the· I submit that the Senate cannot transact business on that theory, catch-word of the coming canvass. "The men who struck at thelife· and that in doing justice to the hundreds of claimants we shall be of the nation must not be trusted to make its laws. The confederate bound to trust our committees if we deem them honest and faithful brigadiers are traitors to the Constitution they have sworn to defend." in their conclusions as to the price of mules, and that it is not ex And yet the world knows and the past proves that the test of patriot pedient that that shall be added to the subjects of public interest ism and loyalty io the Constitution is simply voting the republican which are to be debated and discussed at great length here. And ticket and gimg the offices of the country to the republican party. that is the whole case. When did Longstreet, or Mosby, or Key express penitence for the part The PRESIDING OFFICER. The morning hour having expired, taken by them in the rebellion f Show me one word from either of the Senate will proceed to the consideration of its unfinished business. them indicating regret for having led the charging columns that Mr. CAMERON, of Wisconsin. I desire to give notice that after dashed their tattered grey against the Union lines. No, they have the routine business of the morning hour has been gone through with not repentedr but they have done what covers every transgression, to-morrow I shall again move to take up this case. they have given their adherence to the republican party and supported MESSAGE FROM THE HOUSE. its ticket. A message from the House of Representatives, by Mr. T. F. Knm, To-day, in the leading republican paper in this city, in the Repub one of its clerks, announced that the Honse had concurred in certain lican, which I have now in my hand, is a declaration from General amendments of the Senate to the bill (H. R.No. 4212) making appro Mosby, now the accredited minister of the United States to a foreign priations for the current and contingent expenses of the Indian De country, now in foll fellowship with the republican party, now a partment, and for fulfilling treaty stipulations with various Indian great apostle of the party of God, morality, progress, and reform in tribes for the year ending June 30, 1881, and for other purposes, and regard to his part in the rebellion: . ( non-concurred in other amendments of the Senate to the said bill. I said this four yea.rs a.go, and my words are now prophecy fulfilled : " I feel a. just pride in their glory, and am as jealous of the military honor of the southern peo- J SENATOR FROM LOUCSIA.NA. ~o~ iliftQ:.~~G~~~ui~ ~~t~f<>US foe would not ask to deprive us of it. I The Senate resumed the consideration of· the resolutions reported by the Committee on Privileges and Elections relative to the seat And to-day this gentleman stands the accredited minister of the held by, WILLIAM PITT KELLOGG as a Senator from the State of Lou United States Government abroad, and says that he feels as much pride in his record as a confederate soldier a.she did when his flag waved ~ isiana. 1 Mr. VEST. Mr. President, in the absence of any argument on the in terror for four long years before the national capital. By what other side of the Chamber and from those who oppose the resolutions and when and how did Mosby, Longstreet, aad Key, the Postmaster reported by the Committee on Privileges and Eleetions, we are left General, obtain the confidence of the republican partyf When they simply to surmise the grounds of those who advocate the claim of the voted the republican ticket, and to give the offices of the country to sitting member from Louisiana to remain in this body. I say that no the republican party; when they said, we give the spoils of -the argument has been ma.de on the opposite side of this Chamber against National Government, we vote this ticket, this mystic piece of paper the resolutions of the committee. A report is before us coming from that wipes away all sin and hides all transgressions. Why, sir, there the .minority of the Committee on Privileges and Elections, destitute is not in all the .Pharmacopreia, from the days of Hippocrates, any of argument, destitute of facts, and consisting alone of partisan abuse; drug with such miraculous effect as that tiny piece of paper on w hicb I use the words deliberately and advisedly. Sir, there can be no graver is written the names of the republican candidates at an election. question presented to the American Senate than that involved in the Not all the water of the Jordan; not the pool of Siloam itself; not issues now before this body. A sovereign State, and the fairest and the famed talisman of Saladin presented to the royal Richard ever most unfortunate of all the States of this Union, mangled and torn had the medicinal and healing virtues of a republican ballot! It by the sharp teeth of the wolves that gathered about her, is a suppliant casts oblivion over the blood and carnage of Shiloh and Chancellors before us, and her sister States oan alone give her justice. Leaders of ville, hides the serried ranks of Longstreet and the black flag of Mosby the republican party, eminent statesmen who stand before the coun which for four long years waved in terror before the national capital; try as the dictators of its policy, join in the minority report, in which and it even stills the groans of Libby and Andersonville! this extraordinary language, the only salient point in it, is presented There's a. drop, said the Peri, that down from the moon, to the Senate of the United States : Falls through the withering airs of June, Upon Eizypt's land; of so healing a power, The men whose professions of retnrning loyaliy to the Constitution have been So balmy a virtue, that even in the honr trusted by the generous confidence of the American people are now to give evi That drop descends contagion dies, dence of the sincerity of their vows. The people will thoroughly understand this .And health reanimates earth and skies. matter, and will not be likely to be deceived again. It requires no sensitive scrutiny to know the meaning of this insult But even this mystic drop compares not in effi,cacy witl;l the drop ing and offensive statement. Because the Senators upon this side of of a. radical ballot into the box of a returning board, although from the Chamber, or, as the Senator from Maine [Mr. BLAINE] elaborated the bloodiest hand that grasped musket or saber in the army of the it, "the Senators from sixteen States, lately in rebellion or sympathiz confederacy. ing with rebellion," do not construe thelaw as announced by the mi Who has not seen the repentant sinner coming forward to the mourner's seat, while the ecstatic melody burst from gladdened hearts: nority of the committee, and do n~t believe that the sitting Senator from Louisiana is entitled to his seat in this Chamber, they are de In my hands no priee I bring, nounced as false to their oaths of allegiance to the Constitution, and Simply to the cross I cling. unworthy the confidence of an honest people. Sir, I have no language In every orthodox creed repentance is current coin; but not so with suitable to this presence in which to express my contempt for a charge our republican brethren. There is no welcome from them to an empty like this. handed .sinner, no matter how full he may be of repentance. He I desire in this discussion to say nothing more partisan than the must come with the radical ticket in his hand, prepared to vote i~ nature of the issues involved neeessarily must cause. It is useless to early and often. disguise the fact that the American people look with peculiar solici Mr. President, I assert that there is not a confederate brigadier in tude upon the decision of this case, because it reminds them of the this Chamber who would not be appointed to any office within the fact that the Administration now in power in these United States ou gift of the Administration, and receive the votes of republican Sen tained that power from the very abuse ·which to-day is sought to be ators in confirmation, if without one syllable of repentance for th past he should promise allegiance to the republican party for the ministration with the appointment of consul to Liverpool, confirmed future. Ay, sir, even my friend from South Carolina, "the Hamburgh by a republican Senate, and now fills that office. No honest man can butcher," who has been cartooned in the illustrated republican papers believe for a moment that' either in law or fact there was but one as a leader of the Ku KluX:, with a sword ten feet long and spars weigh Legislature, in 1877, in the State of Louisiana. ing ten pounds each, riding until midnight "fetlock deep" in negro As a specimen of the proceedings of the conspirators who sought gore-even he, by sacrificing honest conviction and real manhood, to overthrow the State government of Louisiana. and to seat Mr. KEL could be accredited abroad, and grace with his many accomplishments LOGG in the United States Senate, I quote the following statement of a foreign court. Mr. Will. Steven, a member of the Nicholls senate. While a. pris- · And now let us examine the nature of this crime against the Con oner Steven's vote was counted blank, and Baker and Kelso, two pre stitution, as it is denounced by the minority report. tended contestants for seats in the Packard senate, were admitted On January 20, 1877, WLLIAM: PITT KELLOGG presentedhis credentials while Steven was thus held in custody, although Lewis Tenada and to the Senate as Senator from the State of Louisiana, for the term of H. C. Mitchell had been elected by the returning board and were then six years from March 4, 1877, said credentials being signed by Stephen sitting in the Nicholls senate. B. Packard as governor of Louisiana. In October following Henry STATEMENT OF WILL. STEVEN RELATIVE TO HIS CAPTURE. M. Spofford presented his credentials for the same office, signed by On January 1, 1 77, I was one of the holding-over senators who formed the sen .1?. B. Nicholls, the actual governor of Louisiana. ate of the State of Louisiana, convened on that day in Saint Patrick's Hall in the KELLOGG claimed to be elected by a body sty ling itself the Legisla city of New Orleans. I was one of a committee of three appointed by the chair to inform Governor 'iilre of Louisiana, which assembled in the State-house at New Orleans ~LLOGG .~:i.t the senate was duly organized and ready to receive anycommunica , •D January 1, 1877, and remained there for some weeks, guarded day ti.on he rmgnt have to make, &c. The other members of the committeo were :Mr. 11in:d night.by armed men, and afraid to venture abroad among the Garland, of Saint Landry, a.nd Mr. Boatner, of Catahoula, both of whom were people they pretended to represent. elected in 1876. The committee proceeded to the Saint Louis Hotel, were admitted to Governor KELLOGG 's office. and delivered to him in person the message with which ~;r, in all the history of civilized government-and I call the at they were charged. Upon leaving Governor KELLOGG'S office I was stopped by two tent.ion of the country and of the Senate to it; reiteration does not or three persons, who stated that they were sergeants-at-arms of the senate, and takc.i away the horrible reality-I call the attention of the country that I mast accompany them to the senate chamber. I stated that the senate of t i 1e fact that these men claiming to be the Legislature of the State the State had met in Saint Patrick's Hall on that day and had atljourned until the to following clay ; therefore I refused to accompany them, and refused to submit to of Louisiana and to represent the people of that terribly afflicted arrest. and distressed community were afraid to venture beyond the metro I was thereupon seized by two or moro of these parties and pa~ed and dragged politan police to face their own constituency. The evidence in these in the direction of the senate chamber, I resisting .at every step. In this manner we reached the outside bar of the senate, where, by getting my feet against the twelve hundred pages of perjury and fraud and stupendous lying railing, I was enabled for a few moments to make a more effectual resistance. I shows that these men slept under guard with sentinels at the doors. was finally forced to the bar of the senate. I addressed myself to the president, Representatives of the people! Trembling and cowering in an agony (Lieutenant-Governor Antoine,) who was in the chair, stating the circumstances of fear lest :fl~!i l:: !'i.t'hlr~~~t., protesting agaill6t the arrest, and demanding that I be per- The drams should beat at dead of night, Commanding fires of hell t-0 light ! quote this as a single specimen of the desperat.e means adopted The darkness of it's scenery. by these unscrupulous men to a-ccomplish their purposes. They were afraid of their own constituents; they were afraid the However much we may differ on other questions of law, I assume sovereign people of Louisiana would break down the barriers of the that ev-ery member of the Senate will concede that the real, vita.I metropolitan police and would wipe from existence this mob which issue in the case as presented to the Senate of the Forty-fifth Con then proposed to inaugurate a system of robbery and plunder in the gress was which of the two bodies in. Louisiana. was the lawful Leg State. islature of the State. There could certainly be but one such legisla The evidence in this case, which I have no time to go through, now tive body. And I farther assume that no lawyer will deny that the before the Senate, shows that even when their officers ventured upon highest and most conclusive authority upon the question as to which the street they were immediately arrested by the lawful authority of was this body would be the State itself. the Commonwealth. And yet this rabble claimed to be the Legisla In Luther vs. Borden Mr. Webster said: ture of a sovereign State I While this was the case with the PackarQ. The decision of Rhode Island by her Legislature, by her executive, by a . \ Wisconsin says " res adjudicata." That is the end of it, the end for all we say we are a court or not. That haa nothing to do with it. There time to come. I deny it. I deny that any partisan majority can estop is no question that it is our duty here to examine the facts and apply me from asking whether a soverei~n State has two Sena.tors upon the law to those facts, and thereupon ascertain who is entitled to a this floor. I say that the Constitution is in;iperative, absolute, not to seat whenever a controversy arises. Now, that is judicial judgment. be contra.dieted. Every State shall have two Senators, and if that You may call the proceedings those of a court or you may call them fact does not exist, where is the power outside of the Constitution the deliberations of the Senate. When the Senate sits as a court of im that prevents the Senate from inquiring into it Y peachment it is still the Senate sitting as a court, and so we are still Mr. CARPENTER. Will the Senator allow me one question more! the Senate undoubtedly. It is wholly immaterial whether you call Mr. VEST. Certainly; ten, if the Senator chooses. it a legislative proceeding or the proceeding of a court. My point is Mr. CARPENTER. That question must be settled or be forever this: If it is a good thing to put an end to strife, why does not that left unsettled. The question between us at the present is as to the rule apply as well to the settlement of this question as it does to any effect of a determination made by the Senate upon the point, who other 7 We know that the office of governor of a State, which is just was elected by the Legislature of a State. Does the Senator claim as important as that of a Senator in this body, may be contested in as a lawyer that it makes any difference with the :finality of an ad the courts and the questions brought before a jury. That has been judication by a tribunal from which there is no appeal, that it was done. The title to an office is an individual title, although of course decided erroneously or even corruptly¥ the public have a great interest in having it held by the man wh() Mr. VEST. Ah, that is another question. The Senator from Wis has been elected. It is just so with the Senate. When a Senator has consin assumes that this is an ordinary court. I deny it. been elected he has a. personal right to the seat. Can it be claimed Mr. CARPENTER. I did not say " court ; " I said "tribunal." that there is any public interest that overrides his private right if Mr. VEST. The Senator treats this as a common-faw or equity his private right is clearly made out t That cannot be maintained court, and he applies the doctrine of equitable jurisdiction to it. I for one moment. We are trying here the right of Mr. Spofford and deny it. I say to the Senator from Wisconsin, the Senate of the the right of Mr. KELLOGG to occupy the seat, and that is a right to United States is a creature of the Constitution, and has absolute perform its duties and receive "its emoluments, and is as much a per power, irrespective of all technical rules of proceeding, to determine sonal right in that as the right of A B to be governor of a State, or its own constituent membership. · the sheriff of a. county, or to hold a farm or a piece of land. Mr. CARPENTER. I had the Senator's permission, I believe, to Mr. VEST. According to the position of the Senator from Wiscon ask him ten questions, and I shall ask but one more. I want to ask sin the State of Louisiana has nothing to do with it. him further if he knows of any reason why the rule of res adjudicata Mr. CARPENTER. Not at all. sbonld be applied to litigation in the judicial courts that does not Mr. VEST. And the other States of this Union have nothing to do equally apply to a determination of this tribunal when judging upon with it. the election, returns, or qualifications of its own members, andifthe Mr. CARPENTER. Not at all. rnle in the judicial courts has not grown up because the experience of Mr. VEST. I have been under the impression that we were pro the world bas shown that it is necessary to secure the peace of society ceeding upon the mandatory clause of the Constitution,.which says. that there should be an end of strife? If any reasons exist, will not that each House shall judge of the qualifications of i~sown!Ilembers, the Senator point them out, why that rule sbonld not be applied to and that the Senate shall be composed of two Senators chosen by th& this tribunal in this case as well as to a judicial tribunal 7 If there Legislature of ea.ch State. That has been my impression. How, then, be no such distin<'tion and the rnle of res adjudicata is an. erroneous do the States become eliminated from this discussion T Who has- rule, then we shonld pass a law, which we can do, abolishing it in greater interest in this question than the State of Louisiana f Here the judicial courts and providing that when a plaintiff bas sued a. de stands the State nnder the resolution of its -0wn Legislature asking fendant and been defeated, he may sue him again, or if he sues a de that Mr. KELLOGG be pot out of this Chamber, and that Spofford be fendant and succeeds the defendant may sue hrm to.reverse the judg admitted, and yet the Senator from Wisconsin says the State has got ment, and so on, forever. There should be either a rule that the strife nothing to do with it; it is .a. question simply whether Mr. Spofford shall be settled by the determination of the tribunal appointed by the or Mr. KELLOGG shall draw their salaries for six years a.s a Senator· Constitution and laws to determine it, and that sbonld apply to us as from Louisiana. well as to every other tribunal, or the .rule should be abolished. The Senator asks me to point out why res adjudicata applies to the . Mr. BLAINE. And also, if the Senator will permit me to interrupt ordinary judicial tribunals of the country and not~ this body. I . him, in criminal cases a man might be put in jeopardy of life and have been attempting to answer him from the beginning. I say, as limb just as often as some new piece of evidence was discovered. the Senator knows, that the doctrine of res adjudicata applies to the .Mr. VEST. Mr. President, I will take the last first. The Senator ordinary courts of the country upon grounds-of econorµy, the saving from Maine, who I believe by common reputation is not a lawyer, says of money, and the preservation of good feeling between the citizens it will apply also to criminal proceedings. It is a provision of the of a State. But do these considerations apply to 'a duty founded upon Constitution that no man shall be put twice in jeopardy for the same a. mandatory clause of the Constitution itself as to the existence of offense. the Senate of the United States and the Government itself f This. Mr. BLAINE. Why not change that! Government is composed of the executive, the legislative, and the Mr. VEST. Because it is the Constitution of the land now, and it judicial branches; and what says the Constitution 'I It does not say is the right thing, and in the right place. Will the gentleman point that a court shall go on and determine between Mr. Smith and Mr. me out where the Constitution of the United States says that the Jones; it simply appoints tribunals to be governed by the technical Senate sits as a court in determining the seats of its members T The rules of the common law and other practice; but there is a provis fallacy, if the Senator from Wisconsin will permit me to say so, in his ion of the Constitution which says that we shall inquire whether ea.ch position is this, that he assumes that the Senate of the United States is State of the Union has two Senators upon this floor elected by the- nowsittingasatribunalopontherightsoftwoindividualsmeumettuu11i, Legislature of the State. Is it any question of economy 7 Is it any· as the right to a horse, the right to a piece of land. I say they are sitting question now of public policy T Is it not a question based and. upon the Constitutfonof the Government itself, under the Constitution, grounded upon the Constitution itself and its mandatory clause, con which says that this tribunal shall adjudicate and determine whether tinuing with the Senate as a power of the Senate T As long as onr there are two Senators from each sovereign State upon this floor. If oaths of office last and have efficacy we a.re bound to make this in this body sits now as a court, as the Sena.tor from Wisconsin assumes, quiry and determine it upon our oaths. I ask the Senators on the> for all he says is worth nothingunlessthat is so, I beg him to answer other side to answer the proposition I put to them. What protection the question, why is it that in only one place in the Constitution does is there for the existence of the Senate of the United States or of the it say that the Senate of the United States shall be a court 7 We are Government itself if their assertions be.true f What prevents a par judges, we are each one of us judges under a special oath in cases of tisan majority from shutting out any examination by simply saying: impeachment, and the Constitution so provides. Each Senator, if now and reporting, as this committee has done, that they have examined called upon to sit in impeachment upon a. high officer of the Govern the case upon the merits, and that Mr. Smith or Mr. Jones is entitled. ment, would take an oath or affirmation to discharge bis duty honestly to a seat in this body f That is the whole oii it,.stripped of all verbi and conscientiously under the Constitution. If we are judges in cases age and all technicality. It comes to this complexion at last. of contested seats where is the oath, where is this special oath, and Mr. CARPENTER. Will the Sena.tor allow me to answer now f I ask gentlemen to answer f Mr. VEST. Certainly. Mr. BLAINE. Does not the Constitution say that we are judges 7 ¥-r· CARPENTER. The Constitution provides that no ma.n's prop Mr. YEST. No, sir. erty shall be taken fo,r public use without dne eompensation. Sup Mr. BLAINE. "Each House shall be the judge of the elections, pose my land is taken for what is claimed to be a. public use. I resist returns, and qualifications of its own members." the taking upon the ground that it is not for a public use. I litigate Mr. VEST. So each House is the judge of every bill that is brought that question with the United States or with the State in the judicial before it. Does not the Senator from Maine judge aa to the propriety tribunals where it is proper to litigate it., and finally the Supreme· of all legislation brought before him under his oath of office Y Sir, Court of the United States decides that that land was taken for a pub if we now are to interpolate a.· judicial power in the Senate of the lic use. The Senator concedes that it can never open that question United States by an inferential argument from one word, where, I again. Now let me vary the case. Suppose when the case gets UP' ask, is to be the ending of the liberal and broad and universal con to the Supreme Court its members should all act corruptly and, al struction to be put upon this instrument by the Senate in time yet though every judge knew that I was right, they should decide against to come T It is ajndge of the qoalliication of its own members. Does me, would that make their judgment any the less conclusive T The that make it a court 7 Sena.tor asks what is to be done if the Senate will a-0t corruptly t Mr. CAR.PE;NTER. It seems to me it is wholly immaterial whether God knows; I do not. What is to be done if the Supreme Court act :2976 CONGRESSIONAL RECORD-SENATE. MA_y 4, ·corruptly'/ You have got to grin and bear it. What is to be done England or in this country 7 Where did it ever exist 7 Take the other when the supreme officer of any government from whose determina case. Suppose the court does error upon the face of the record, patent. tion there is no appeal decides wrong T The wrong has got to be en upon the face of it. The old English practice was to put everything dured. As a celebrated judge once said, "vested wrongs are as sacred in the decree, because in that country, as the Senator from Wisconsin . as vested rights." knows, when the Clecree was drawn up it found all the facts, and the Mr. VEST. That is a very good illustration; I will take that. I jurisdiction of the court even was pla-ced upon the face of it. There understand that the Senator from Wisconsin puts this upon the fore the old doctrine in England was that upon error upon the face ground of any ordinary questi.on as to the right of property, as an of the record a bill of review could be filed in the court and adjudi ordinary lawsuit, and he says that the Senate is acting as an ordinary cated upon. Upon either of these grounds shown to the court, newly judicial tribunal Now I put this question to the Senator: If we discovered evidence or error patent upon the face of the record, a bill are acting now as we are in ordinary cases, as we are upon claims of review will lie without limitation. I say in this case Mr. KELLOGG· presented here from day to day for money to be taken out of the having concealed the facts Mr. Spofford is entitled to relief upon a bill Treasury of the United States, I ask the Senator, if the Senate de of review. cides this session against one of· these claims, cannot the Senate at What are these facts shown by the record 7 In October, 1877, the the next session take it up and' pass upon it 'I Where is the res ad- Committee on Privileges and Elections met. They called these par judicata f If the Senator applies that doctrine here he must apply it ties before them and asked them to bring testimbny, if they had any, throughout. showing their respective titles to the seat in this body from the State Mr. BLAINE. One moment, if the Senator will allow me to inter of Louisiana. They appeared there and were given from day to day :rupt him. to make up the issue between them, and to agree upon certain evi Mr. VEST. Certainly. dence in order to save time and expense. The whole of it resulted Mr. BLAINE. Suppose they -vote the money and pay it out of the in this, in so many words, that finally Mr. Spofford and Mr. KELLOGG 'Treasury; can the next session vote to take it back from the man' agreed to take the reports of certain congressional committees to save who received it 'I · time, labor, and expense-the Howe report, the Sherman; report, and Mr. VEST. That is something that I do not propose to investigate. two reports from the House of Representatives, the Morrison report When a man obtains money by mscality I do not propose to say and the Field report. They were agreed to be taken for all that they whether he can be caught and the money taken away from him or were worth. Mr. Spofford then claimed that they did not cover his not. I am not here to discuss any such far-fetched supposition as case. I assert now, and the record will bear me out, that from that that; but I put this question to gentlemen now. They say this doc time until this 8pofford proclaimed, as I proclaim here to-day, that -trine of res adjudicata applies to the action of the United States Sen these reports did not cover his case and his honest and true title to ate as to other judicial tribunals in ordinary judicial transactions, a seat in this body from the State of Louisiana. He said then that in a suit as to the title of property, whether it is real estate or per there were five points upon which he wished to take testi.mony. One .sonal or mixed; that when a court bas decided and has crystallized it of them implicated Governor KELLOGG in a fraudulent conspiracy into the form of a judgment, then the plea of res adjudicata, the thing with the returning board, and he said that he wanted to take evi is adjudged, is a finality and a fact for all time to come. There is no dence upon that subject. He stood then and stands to-day, and I question about that. Now, if the Senate of the United States is gov stand here now representing his claim to a seat in this body and say . erned by that rule, and to-day we reject Mr. Holladay's claim upon that that case never was adjudicated. The committee heard him and the merits and say we do not think him entitled to a dollar, and the turned him out of court. That is the whole of it. They said, ''We next Congress come in and take that claim up and pass it, why can do not propose to examine witnesses ; we do not propose to hear you ; -not the plea of res adjudicata be raised 7 we sar, to you that this thing is closed effectually and for all time to Mr. CARPENTER. Does the Senator think it is a fair answer to come.' Spofford went out protesting. He went out, so far as the the question I put to him as to the rule which ought to apply to us evidence shows, with the question, ''Shall I have the poor privi when we are passing judicially upon the ascertainment of facts and lege of making a protest on the record in this case 'I" and they even de the application of law to those facts for the purpose of determining nied him that. They said you have no right to protest ; we do not want whether A or B bas acquired a right to sit in this body 'I Does he to hear your witnesses. The Sena.tor from Massachusetts, [Mr. HOAR,] think there is any resemblance between that case and the ordinary heading the minority report of the Committee on Privileges and Elec legislation by bills 7 tions; says that Spofford's action was for delay simply, in order that Mr. VEST. If the doctrine applies in one it must apply in the a democratic majority might come in with this Congress, and then -other. Mr. Spofford thought that hecouldclaimsuccessfully a right to a seat Mr. CARPENTER. That is the question. in the Senate. I say that the points upon which llr. Spofford claimed Mr. VEST. Where is the distinction 'I According to the Senator to be heard were never heard and were never adjudicated upon. He from Maine we are acting here as a court, because we judge of the asked for six witnesses, but they would not give him six; he asked qualifications of niembers of this body. It is a play upon words. If for ,three and they would not give him three; and yet gentlemen the framers of the Constitution intended us to act as a court can the come here, and on this question, involving the sovereignty of a State .Senator believe by simply one word they would have interpolated and its right to have two Senators sit in this body, say to us this is that judicial power in the Constitution 'I Would they not have said res adjudicata. What is the rule technically in regard to res adjiid~ that this bedy as in cases of impeachment shall take a special oath cata? I am asking the question simply as a lawyer. Says the Su ·to judge according to the law and the Constitution and the right 'I preme Court of the United States: Why is it Y I put the question and it is unanswerable. I defy the It is undoubtedly settled la.w that a. judgment of a court of competent jurisdic gentlemen who claim that Mr. KELLOGG is entitled to a seat on this tion upon a question directly involved m one suit, is conclusive as to that question in another suit between the same parties. But to this operation of the jud1Pllent floor to answer the proposition. Why is it that the Constitution in it must appear, either upon fie face of the record or be shown by extrinSio evi one single case declares that we shall take a special oath to act as dence, that the precise fifth Congress passed a resolution declaring that Mr. KELLoGG was conclusive that Mr. KELLOGG, with his customary astuteness and entitled to the seat in the Senate, but Mr. Spofford comes and files a boldness, determined to act expeditiously upon .the moment and to bill in the nature of a bill of review, and says that Mr. KELLOGG ob seize the fruit while the opportunity was presented to him. For four tained that adjudication by fraud, he obtained it by imposing upon long years he had been the fraudulent governor of Louisiana. The ' the coart, and he produces now the evidence to the people of the Senator from Wisconsin said so, and the Vice-President of i!he United United States and to the Senate. What right has the Senate, then, States said so. The Senator from Massachusetts [Mr. HOAR] shakes -even if it acts as a court, and I will assume that for the sake of the his head. I say that he, too, signed the report, in which he said that argument-what right has a court even to turn him out and say to the returning board had abused its authority when it returned Mr. ' him, "You are forever debarred from examining into this question; KELLOGG as governor of Louisiana. · it is 1·es adjudicata?" The Senator from Wisconsin admits, neither he I:tlr. HOAR. The Senator from Missouri will permit me to remind nor any other lawyer can deny, that I have a right to go into any him-- -court, whether there is an appeal from it or not I have a right to go Mr. VEST. Certainly. into a court, but especially to the tribunal of last resort, and say to Mr. HOAR. That the report which the Vice-President of the United that tribunal this decree was obtained by imposition and fraud. I States and I signed related to an election held two years after Mr. say you never adjudicated the real question at issne, and if I can KELLOGG had been inaugurated. prove it to the satisfaction of that coart I can reopen the ca-se and :rt!r. VEST. It referred to the election of 1872. i have a trial de novo, and upon the merits. Is not that the whole of Mr. HOAR. No; it was that of 1874. I iU I ask the question now upon what theory is it that they claim :r:,Ir. VEST. Even if 1874, I should like the Senator from Massachu I this to be another and a different proceeding t Who are the parties setts to point me out the difference between the modes of proceeding to the other suit t Th;:i.t is the test, the crucial test. The parties be in 1872 and 187 4. fore were Spofford against Kellogg with the State of Louisiana stand Mr. HOAR. The Senator from Missouri will permit me. He said I ing as the great interested party between the two, they being simply that the Vice-President of the United States signed a report in which her agents and servants. Who are the parties here to-day and what he declared that Mr. KELLOGG was fraudulently elected governor. is the issue f Spofford against Kellogg with the State of Louisiana When I shook my head he called attention to the fact and said that -0ccupying the same identical position. Is it not the same proceed I signed it too. ing' Is there any diffeqmce between this and an ordinary bill of Mr. VEST. Yes, sir; that same report. review which sets up that the decree was obtained by fraud, or by Mr. HOAR. Mr. KELLOGG was elected governor in 1872. .any of the means used by vexatious or fraudulent litigants t · Mr. VEST. I understand that. Mr. President, it seems to me upon either of these propositions, Mr. HOAR. There was an election for the Legislature and State whether the Senate be a court or not, it is conclusive that we have officers in 1874, which late in that year the Vice-President and I and the right to reopen the case. I have been discussing so far the legal some other gentlemen had the duty to investigate, and we signed a power of the Senate, and I say that if Mr. Spofford makes good what report in which we stated that the returning board, though acting he states to be the fact the Senate has jurisdiction to deten:Illne upon honestly as we believed, had, in regard to certain of the disputes, mis this question. Now, is it the fact or not T I have hitherto said noth construed their powers, thereby, as we stated, following the precedent ing about the facts in the case ; I have simply been arguing with my set by the democratic returning board in applying the same law in a brother Senators as to the legal power existing to reopen this case previous year. We found no fraud in their purposes or in their con .and to hear the contestants upon the merits, as that committee said duct, and it had nothing to do with the election of Mr. KELLOGG they were heard when it was not the fact. It was asked ·the other whatever. ' 2978 CONGRESSIONAL RECORD-SENATE. MAY 4, -shows, said: "Boys, I want to go on to protect your interest. I want Play the spy and the traitor and the perjured scoundrel and villain to get to Washington to protect you. I must go there and represent that he was, is the question- the party." That was the meaning of it. He left in a very few days, lmowing that he was on Mr. Spofford's side 1 and on the 20th of that month presented his credentials to the United A. Yes, sir. States Senate signed on the 11th by Packard. The Nicholls legisla What must be the cause that would use such instrumentalities and ture did not elect until the 23d of April, and Mr. Spofford did not get unblushingly bring them before the Senate of the United States T his credentials until the October following. That is the reason why He asks this man, did you do this voluntarily, act the spy, the traitor, Mr. KELLOGG wanted these votes; he wanted t'hem then, right then, the perjured scoundrel, all in the interest of your party f and he wanted.to bring his credentials to Washington City before the A. Yes, sir. complexion politically of the Senate had changed. th~se~:! :U:.~ri~ with Murray into Cavanac's office for the purpose of getting out But I pass on to the next of these witnesses. Mr. Jules Seveignes is the next of these illustrious liars. He made an affidavit in the city Another affidavit there. One lie was not enough. He was ready of New Orleans in which he testified that he was not present in the to perjure himself again any hour in the day for the republican party. Legislature when KELLOGG was elected, although his vote was re Q. Did you swear that that was your motive 1 A. That was my motive and nothing else. corded. He gave that affidavit, and gave it voluntarily. It is so Q. Have you been offered any inducements by anybody i remarkable that I propose to read it to the Senate : A. I was on the cars and was offered inducements there, that if I tes1ified in be- half of Mr. Spofford that I would be taken care of. I STATE OF LomsI.A.N.A, Parish of Orl.eans, city of New Orleans: Q. You are a Catholic, are you not 7 I A. Yes, sir. Before me, the undersigned authority, personally came and appeared Jules Se Senator HILL. He is what 7 veignes, who, being duly sworn, says: I was not present at the session of the Gen Senator KELLOGG. I have a. reason for asking it. eral Assembly of Louisiana., in January, 1877 when WILLIAM P. KELLOGG was de clared elected United States Senator for the iong t.erm., but recorded my vote for The reason has never been developed. him on the following day. (To the witness.) Now, I want to know if that wa.s your motive in running thi& JULES SEVEIGNES, thing down¥ Evmem-Oer House of RepTesentatives from La Fourche. A. Yes, sir. Sworn to and subscribed before me at the city of New Orleans this 30th day of Senator KELLOGG. I may get at some other difficulties in this matter. (To the- May, A. D. 1879. witness.) Did you come here for the same purpos&- [SE.AL.] OSCAR ARROYO, Mr. MERRICK. To run this thing down 7 Assistant Secretary of State. The WITNESS. Yes, sir. In all the ingenuity of human lying and mendacity who could ever And that is the testimony of this man Seveignes, who made a. vol have suggested the reason given by this man for committing perj ary f untary affidavit, wrote it himself, swore to it himself, went and swore Men have lied for money, men have lied for revenge, men have lied to it again, and comes here and says be committed perjury to demon for love, men have lied for ambition, but who ever heard before that strate the fact that one could do it with the utmost facility and alac a. man swore to a lie simply to demonstrate the facility of perjury f rity in the State of Louisiana at any time whatever I This man says he simply swore to this to show that perjury could Next comes Hon. William John De Lacey, the illustrious scion of a be committed in Louisiana with ease! The sitting member took him knightly line, grandson of Sir Hugh De Lacey, of county Connaught,. and "handled him as tenderly as a sucking dove, folded him in his Ireland, whose affidavit in New Orleans was as follows: arms like a long-lost brother, and this is his explanation of this won ST.ATE OF LOUIBI.A.N..A, drous perjury: Parish of Orleans: Question, (by Senat-0rKELLOGG.) Now tell me why you signed that affidavit. Personally appeared before me this 9th day of April, 1879, W. John De Lacey, who, bein~ dnly sworn, does depose as follows, to wit: He said it was a lie, a lie made out of whole cloth. Mr. KELLOGG I reside m Rapides Parish, Louisiana. I represented that parish in the Legisla says, " Why did you make it 7" ture in 1877 and 1878 ; am a republican, and took my stand with the Packard gov ernment until its fall, believing it to be the lawful government at that time. I Answer. I signed the affidavit just merely to show how easy it was to get affi- arrived in New Orleans December 9, 1876, after the promulgation of the elections davits, !mowing at the same time that~they were not true. by the returning board. I attended the republioan caucuses before the assembling He committed perjury to demonstrate the facility of perjury! of the Legislature. Colonel Keating was chairman of the caucus, and A. Dejoie Q. I will ask you this question: Did you just take it into your head Y secre~. The caucUB was called the" administration caucus." Tb.e object was to elect Michael Hahn speaker, and W. P. KELLOGG United States Senator. I staid He took it into his mouth. in the caucus eight days. I left the caucus, having refused to pledge myself to Did you just take it into your head ¥ support certain measures, namely, the election of Michael Ha.h.n to the speakership of the house of representatives. I was short of money, so I went to KELLOGG to By natural absorption I suppose. borrow some. He loaned me 50, with the understanding that I was to vote for him A. Yes, sir. for United States Senator. On the da.y KELLOGG was elected to the Senate, I did That was the way he got it; he inoculated himself. not vote when my name was called, neither did my colleague, Mr. Drew. George L. Smith came to me and told me to stand by KELLoGG, that I would be taken care Q. That you would get at the bottom of this thing, and see if you could not of and that I would get wha1; I was promised. Smith then threw an envelope on burrow into it and find out what was at the bottom and what was actuating them 7 my desk, sealed. I opened it and saw that it contained money. Mr. L. D. Herbert A. Yes, sir. was present when I received the money. Members were offered from 200 to 25() Q. Have you a family 1 for their vote. Several that were promised got nothing. It was the every-day I ask what did that have to do with the question; I suppose the talk among the members of the Le!?islatnre that "KELLOGG " put up money so as to beat " Pinchback," and how muCh they were going to get. I got $200 for voting. poin.t was whether the whole family were of the same sort. [Laugh for KELLOGG. -tar.] W . .JOHN DE LACEY. Q. Have you a family 7 Sworn to and subscribed before me this 9th April, 1879. I•, [SE.AL.] TH. BUISSON, I A. I have a mother and sister. A mother and sister; he was not an orphan ! Third Justice of the Peace. Q. You have no wife, have you¥ This lineal descendant of Sir Hugh De Lacey, whose ancestors fol In the interest of the female sex I am glad to say he had none. lowed the gleaming banners of William the Conqueror, swore that he Q. Are you not one of those kind of men in Louisiana.- was bribed in New Orleans, and swore to it deliberately and positively, Thank God they are confined, as far as I know, to that sunny and when he came here his conversion wa..s as sudden and miraculous as that which fell on Saul of Tarsus when he journeyed from Jerusa clime- lem to Damascus, breathing out fire and slaughter a.era.inst the Chris Q. Are you not one of those kind of men in Louisiana who think, as you proba bly do, that you have been a consistent republican, and when you find anything tians. The apostle saw a heavenly vision; but our Louisiana states against the republican party and you get a point, men like you quietly and secretly, man, I am afraid, saw a vision of another sort and from another quar like a detective, run it out f ter. This gentleman arrived in the city of Washington, and unfort Upon perjury. unately for ancestral glory, Hon. William John De Lacey denied his A. I always do so. signature to the affidavit, and swore positively that he never spelled it True to my party, true to republican instincts and practices, when with an "e," but when confronted with other signatures admitted by himself to be genuine and containing the fatal letter, he swore just ever I get a point I generally manage to get in a lie. [Laughter.] as positively that he had never riven any such testimony. Alas! that The PRESIDING OFFICER, (Mr. FERRY in the chair.) The Chair "De Lacey," "famous in story,' which graced the banner of a.knight reminds the galleries that if disorder is repeated he will order the "without fear or reproach/' should have descended to one who pro galleries cleared. claims his infamy even in the alliteration of the family name I Mr. VEST. But this is not all. The governoi; is not satisfied with Mr. President, I leave now profane and approach ecclesiastical the individual; he wants to institute and establish a cfass of repub matters. I come now to the testimony of that dusky sign-board on the lican perjurers in his State. road to heaven, the Reverend Joseph R. Watson. [Laughter.] He Q. And has your class done it repeatedly in parishes and in the city¥ A. Yes, sir. swore that according to the Scriptures he was justified in swearing Q. Now- to a lie at his own sweet will and pleasure, that it was the custom in Says the governor- Louisiana, that the republican party sanctioned all that sort of thing. I want to know, did you take it into your head, seeing that that scheme was on He said, when pressed by Mr. Merrick upon that branch of the in foot, that you would follow it and go to the bottom of it, and get the details of it 7 quiry to justify his quotation from the Scriptures, that the Scriptures A. Yes, sir; that was why I wanted to be examined on Mr. Spofford's side. tell us that there are times when we should not let our right hand That is the reason he wanted to swear to a lie, to get to the bot know what our left hand doeth, and there were times when the truth tom of it. should be judiciously suppressed. Q. Is that the rea.5on why you went to Mr. Elder and made that affidavit-to I have not time to read to the Senate the whole of these nauseating get his secret- statements. This man swore he was pastor of a church, in fact of --. __ ~~ ·------~------ 1880. CONGRESSIONAL RECORD-SENATE. 2979 many churches, as many as the apostles of old, when they traveled out in that assertion. Whether he swore the truth or not, I assert from the confines of one land to .another preaching the Gospel, and he this, which Mr. KELLOGG will not deny: that these witnesses were says, except insome caseswhen he was bulldozed-and then the Sen with him; that they were not with Spofford; but they went upon the ator from Wisconsin [Mr. CAMERON] caught him and wanted to stand and refused to tell one word for Spofford or Spofford's attorney, I know all about that-he said except when he was bulldozed he fol Merrick; but the moment they saw the benign countenance of the lowed his clerical pursuits most assiduously; he went from parish to Senator from Louisiana, [Mr. KELLOGG,] that moment they melted I parish spreading the glad tidings of salvation without money and like wax; they became unctuous in his hands, and swore like milk without price, that doctrine taught us by Him who was more than and honey from beginning to end. And more than that, these wit man, that truth was the essence of all true religion; and yet he says nesses got out of money, according to the testimony of Lewis him when preaching the gospel with Bible in hand he committed perjury self-Colonel Jim Lewis, who under the rules of civil-service reform whenever he pleased; that there was no harm in it. Finally he said, left his position in the city of New Orleans and came here to see the as the last excuse for retracting his affidavit, "Oh," said he, "it is confederate brigadiers in Congress-came all the way for that pur the spasm of conscience." Conscience hurt him! "When did yon pose! This gentleman swears that when they were out of money he have it," said Mr. Merrick; "when did it affiict you T" Said he,'' I advanced money to them to pay their way to New Orleans, and got have had it every once in a while, and I seem to be in a vision." the money from Governor KELLOGG. . [Laughter.] Mr. KELLOGG. I am sure the Senator would not misrepresent- Doubtless he was in a vision, a strange and unknown territory, if Mr. VEST. I would not. l he ever got within ten miles of the naked truth. [Laughter.] A Mr. KELLOGG. Mr. Lewis says that he called on me some days trance came over him and he was like one in a dream, but he waked after he testified to say that one or two of my own witnesses that I up to find that he was a Louisiana politician and statesman of the had brought on were out of money and he had to lend it, and asked radical reconstruction era and then he went on lying by the acre as he me to loan him some money and I loaned it, and he returned it. had done for the past five years. Mr. VEST. I understand these were Spofford's witnesses, but I may Mr. President, I have no patience to go through this miserable stuff, be mistaken. nauseating and sickening and poisonous to the public ear. Mr. KELLOGG. They were my own witnesses-only one or two. Mr. McMILLAN. Will the Senator allow me to ask him a ques Mr. VEST. If the record does not bear me out it goes for nothing. i tion! I repeat the a.ssertion that these witnesses-and in that at least I am Mr. VEST. Certainly. not mistaken-the witnesses, to use a common expression, went back I Mr. McMILLAN. Were these witnesses called by Mr. Spofford to on Mr. Spofford and swore they had never made these affidavits, and prove fraud., in the ju~ent of the Senate f they became the witnesses to all intents aind purposes of Mr. KEL Mr. VEST. Is that the question f Mr. Spofford, when he went into LOGG. Why was this f If I were arguing the case which the Sena t the den of forty thieves, took in all the thieves he could get hold of. tor from Wisconsin speaks of, and we were on opposite sides, I would ~ In the absence of all other testimony, he was bound to use that of put the question to him before any court in Christendom, Why did these thieves, and I am glad the Senator has asked the question, for our witnesses turn against us and in the last resort become your wit it opens up a chapter that I shall now discuss. These men made vol nesses f What was the motive i Men do not act without motive. untary affidavits in the city of New Orleans. They were submitted What motive induced a man who had gone deliberately before a jus to Mr. Spofford. They were brought here as Spofford's witnesses. tice of the peace, written out his affidavit, and sworn to it, to come Then what became of them Y They fell into the hands of KELLOGG'S here, and, in the face of the whole people of Louisiana and of the agents at the depot. They are never seen with Spofford after they United States, say "I am a perjured liar and scoundreH" What. get here. TheyshunnedCavanac, they shunned Spofford, they shunned could have induced him to do it f Mr. President, it is a wonderful. the members of Congress from Louisiana. They are found with Col fact that nearly all these people found places in the custom-house onel Jim Lewis, the naval officer of New Orleans, Mr. KELLOGG'S Ont of eighty-three senators and representatives who voted for MrL boon companion and friend, who was elected for the short term when KELLOGG thirty-four were put in the custom-house according to the Mr. KELLoGG was elected for the long term. Lewis came with them list. and met them on the cars. He had a fine lunch, and regaled them on Mr. KELLOGG. How is that f ·the way. They were met here at the depot and carried to a hotel in Mr. VEST. Thirty-four of these men were appointed to office. this city. There is evidence that that night they were found in the Mr. KELLOGG. I will simply state that when I come to deal with .room of Mr. KELLOGG. I do not say whether Mr. Barney Williams, this matter-I do not know that I shall, and if not, I shall ask some. whom we heard so much of in the speech delivered here by the sit of my friends to do it-it shall be shown that the statement made by I ' ting member, perjured himself or not. I have simply to say that I the Senator from Missouri is not true. \ ,expect nothing but perjury from any of that crowd. I doubt from Mr. VEST. I have got the returns made out from the Blue Book,. these specimens whether any of them ever speak the truth. But Will the official statement of the Government. iams is corroborated as to one material fact by the register of the Mr. HILL, of Georgia. The names are there. hotel here. He says he registered himself as Mr. Davis, and the reg Mr. VEST. I do not know any better place to put it in than right liater of the hotel, according to the proprietor's testimony, bears him here. How Hayes has paid tke m.en who nwde him Presiclent: Na.mes. Political.employment in 1876. Office. Sa.J.ary. Members of returning boards : J. Madison Wells ...•.•..•.•••..•.•.•..•••••••••• President returning board ...... Surveyor of port of New Orleans ...... $3, 500 Thomas C . .Anderson ..•.....•.•••••..•..•••..•.. Member returning board ..•..••••••...•.•••.•••. Deputy collector, port of New Orlea.ns ...... 3,000 L. M. Kenner ...... _..•••••.••••.•..•• . Member returning board ...... Deputy naval officer ...... •.....•••.....•••••.••.•• 2,500 G. Casana.ve ...... Member returning boa.rd ...... Brother United States storekeeper, New Orleans ...... 1, 400 Charles S. Abell ...... _...... Secretary returning board ••••••••.•••.••...... • 0 2,500 York A. Woodward ...... Clerk returning board ...... 8i:E:~~:St~'::~:::~~. :: ::::: :: :: : : : : : : ::::::::::: ::: 1,800 W. M. Green ...... Clerk returning board ...... _...... Clerk, custom-house ...... 1, 095 B. P. :Blanchard ...... Clerk returning boa.rd ...... 1,400 G. P. Da.vis ...... Clerk returnin~ board ...... g:~~: ~~~::~~::: ::: :: : : : : : : :: ::: :: ::: :: : : : : : :: ::: : 1, 200 Charles Hill ...... Clerk returning board ...... Clerk, custom-house ...... 1,400 Clerk returning boa.rd ...... Clerk, custom-house ...... ··-·-····· 1, 600 Y:h!~~~~~~:.:::: ·. ·.:::: :: :~:: :·.: :: :: :: .: :: :: : Couns6l for returning board .....••..••...•.. __ Special agent Treasury Department and counsel for Mr. 2,500 Sherman. S.S. Wells ...... Son of J. Madison Wells ...... Inspector, custom-house ...... 1, 095 A. C. Wells ...... Son of J. Madison Wells ...... Special deputy surveyor, New Orleans .••••••.•.•.•.•.. R. M. J. Kenner ...... Brother of returning-board Kenner ...... •.. Clerk, nava.l office ...... 2,~ Total ...... 29,090. State officers and ma.na.gers : Michael Hahn ...... State register ...... •••••...... •...... ••..••..... Superintendent mint ...... - . 4, 000' A. J. Dumont ...... Chairman republica.n State committee .• _....•.. Inspector, custom-house ...... 3, 000 J.P. McArdle ...... Clerk republican State committee..•• •••.....••. Clerk, custom-hoW:!e ...... 1, 200• L. J. Souer ...... Agent to control Legisla.ture ...... 3, 000 S. P. Packard ...... Candidate for governor...... 6,000 James Lewis ...... Police commissioner, New Orleans ...•••.••...•. ~!!~~~F~~~~~~;: ::: :: : : :: : : : : :: : :: ::: :: : : :: : : : 5,000 Jack Wharton ..••....••..••.••••••..••.•••••.... United States marshal...... 6,000. ~~~~r~::i~~~i-~~:::::::::::: :::::: Postmaster New Orleans, $3,500; now collect.or ..•..•.. 7,000 Chief of affidavit :factory._ .•.•••••••••••••.••••• United States attorney, Wyoming ....•••..••.•.....•.. 5,000 t t~~:!i~~~::::::::::::::::::::::::::::::~ Knew of forgery of electoral certificates .....•.. Private secretary to Commissioner of Int.ernal Reve- 2, 500 nue. W. F. Loan...... ·---·······-·············· Chief of police a.nd supervisor 15th ward, New Inspect.or tobacco, internaJ. revenue .•• -...... - .• 1,400 Orleans. W. L. McMillan...... Canvassed State for Hayes...... Pension agent, New Orleans; now postmaster ...... 4,000. Total ...... ····~, ...... 57, 100. ------2980 CONGRESSIONAL RECORD-SEN.A.TE. MAY 4, How Hayes haB paid th6 men who 'lliade him PreBident.-Continued. r Names. Political employment in 1876. Office. Salary. Electors: Elector at large ....•.•.•.•.•.••.•••••••••..•••.• Clerk, custom-house ..•••••.••.•...•.••••••••..•..•.•.. 1, 200 r~~~ ~!!K~n:::::: :::: ::: :·:: :::::: :::::::: ::: :: : 1, 200 Morris Marks ...•...••...•••••....••..•...•.••••• 3, 750 A. B. Levisee .•.•••.••••••....•••••.••••••••...•. 2,500 O. H. Brewster..•••••.• •..••..••..•••••••••.••••• E~t;gT~~~~~~~~~~~~~~~~~~~~~~~~~:_:_·~~~~~ ~;!1tlrl~~~!l~~~~~~~£:::::::::::::::::::Surveyor-General .•••••••••••••.••.••••••••••••••.••••. 1,800 Total .•••••. ---• - .•••••••• • •• -• • · • • • • • • • • •• ••••••.••.••.•••••. -•• -• . ••. -•••••••••••••••• -·. - - . --- •• ----••... - . --- .••. -••••••••.•••.••••••••••••••••... 11,050 Supervisors and persons-connected with the elections : . Supervisor at Ouachita...... •.•••••.•••.•..•..• Deputy collector of internal revenue ..••.••••••.•••.••• 1, 400 District attorney at Ouachita . .••.•..•.•••...••. Inspect.or of custom-house ...... 1, 095 Sheriff of East Feliciana ..••.•••••••••••••.•.••. Laborer, cust.om-house ...... 600 ~~~ ~~ ~ ~~ ~ ~= ~: ~ ~: :~~ ~ ~ ~ ~:~ :~: ~: ~ :~ ~: Sheriff of East Feliciana .•.•.••.••••.•••••.••••• Laborer, custom-house ...... 600 C. L. Ferguson .•••••.••.••••.•.•••.••.•••..•...• Supervisor of De Soto ...... Captain night watch, custom-house ...... 800 J.E. Scott..•.•••.•••••.•••.•.•••••.•••••.••...•. Supervisor of Claiborne ...... ••...•..•.•••.•.••. Money order, post-office, New Orleans ..•••••.•••••.••. 1,300 B. W. Woodruff ..•••••.•••.•••••••••••.•.••..••. Supervisor of Rapides ...... Box clerk, post-office, New Orleans ...... 900 Supervisor of East Baton Rouge ••••.••..•••.... Laborer, custom-house ...... 600 *-~~Mcfe';".:: :: :::: :: :: : :: :: ::: :: ::::::::::: :: Supervisor of Franklin ...... Inspector, custom-house ...... 1, 095 L. Williams ..••••.•••••.•••••••••••••••••.••.•••. Supervisor 16th ward, New Orleans .•••.••.••••• Watchman, custom-house ...... 800 E.K. Russ ...... •.•••••••••.•..•.•••••...... •.. Supervisor of Natchitoches ...••••••••••.••..••. Letter-carrier, post-office ...... 720 F.A. Deslonde ....•••••••.••.••••••.•••••..•..••. Supervisor of Iberville ...... Night watchman, oust.om-house .•••••.....•••.••..•.... 800 W. H. Heistand .••••••.••••••••..•••••••••.••••. Supervisor of Tangipahoa ..•...••••.•...••••••• Clerk, cust.om-house ...... 1, 200 F. A. Clover .••..••..••..••••.•••••.•••••.•...••. Supervisor of Ea.st Ba.ton Rouge .••.•.••••.•.•.. Assistant weigher, custom-house .••.. .•..•••.•.••.•••. 1, 200 Clerk to supervisor East Baton Rouge . ...•.•••. Inspect.or custom-house ...... _...... 1,000 ~&!'t!~~~~~:i.. :::::::: :: :::: :: :::: :: :::: :::: Supervisor of Caddo ...... •.....•...... ••. Postmaster, Shreveport ...... 3, 100 A. D. Cornog .••. .•••••. ; ••••.••..••.••••.•.••••• Supervisor of Red River .....••.•••••..•...... Inspector, custom-house ..••.••....•..•••..•..••.••.••. 1. 095 M.A. Lenet ...•••...••••...... •..••..•.•••••••.• Supervisor of La. Fourche . ....•...... •.••. Laborer, custom-house ...... 500 A. J.Brim ...•.•.••••••••••••.••••••••••••••..... Republican manager of 2d ward, New Orleans .. 1,000 Republican manager of 3d ward New Orleans .. tn~~r~~~::.~~:~~~:::::::: :: :: : : : ::: :: : : :: :: : : : : : 1,000 ~~~~~o<;"::cf~ :::: :: :: : :: ::: :: :::::: :::: :: ::: ::: Republican manager of 4th ward, New Orleans. Laborer, custom-house ...... 600 J.C. Penchler ....•..••...••..•••••••••••..•..•.. Republican manager of 5th ward, New Orleans. Laborer, custom-house .•...•..•..••••••. .•••..••.•••••• 600 W. J. Moore ...••..•.••••.••..•..•••••••••.•••••• Republican manager of 7th ward, New Orleans. Ganger, internal revenue ...... Fees. Thomas Leon ..•.••.•••••••••.•...•••••••...••••• Republican mahager of 8th ward., New Orleans. Gauger, custom-house ...... Fees. T. H. Bowan ..•.•• . .••.••••••.••.•••••••••••••••• Republican manager of 10th wara, New Orleans. Night inspector, custom-house .••.••••.....•••••••••••• 900 A. W. Kempton ..•..••..•••..••.•••.••••••••.••. Commissioner of 11th ward, New Orleans ...... Assistant weigher, custom-house ••••.•••..•..••.•••••• 1,200 Supervisor of 12th ward, New Orleans ...... Inspector, internal revenue ...... 1, 200 ~aj_ ~~~';~~::::::::::::::::::::::::::::::.:: Supervisor of 14th ward, New Orleans ..•..••••. Ins-pector, custom-house ...... 1, 095 L. E. Salles ...••••••..••.••• , .••..••••••••••••••. Repub~oan manager of La Fayette .••....•...•. Weigher, custom-house ...... 2,000 R. A. Herbert ...... ••..•••••..•...•..•••••...•.• Republican manager of Iberville ...... •...•... Superintendent warehouses, custom-house .••••••.••••• 2,500 W. B. Dickey .•.•••••••••.•••.••.•••.••••••.••.•• Republican manager and tax collector, Madison. 1,095 Thomas Jenks ...... Husband of Mrs. Jenks, who swore for John fJt!E:~~~~-~~~~~~-e. :: :: : : : : · ~: ::: ::: :: ::: :: :: : : : : : : 1,000 Sherman.. Total ...... • • · .••....•... -...•• • ...... • • •• · •• .. • · .... · ...... 33 495 Visiting statesmen: John Sherman ...... Visiting statesman, Louisiana ...... Secretary of the Treasury . .. .. • . . • • • • • • • • • • • • .. • • .. • • . 8, 000 John M. Harlan ...... Visiting statesman, Louisiana .•••••.•••.•.••••• .Justice Supreme Court...... 10, 000 Visiting statesman, Louisiana .....•..••.••.••.. Offered Postmaster-Generalship . • • • . • • .. • • • • • • • • • • • • . . . ..•....•. ~~W~st=hfuii:::: :::: :: :: :: :::: :::::::::: :: :::: Visiting statesman, Louisiana . ..•.•...•.••..•.. Minister to Russia...... 17, 500 John A.Kasson ...... Visiting statesman, Louisiana ...... Minister toAustria...... ••••••••••• •••••• •••••• ...... 12, 000 J. R. Hawley ...... Visiting statesman, Louisiana ••••••.•••••••..•• Commissioner to Paris exposition . • . • • • • • • • • • . • • • . • • . . 2, 000 John Coburn ...... Visiting statesman, Louisiana .•••••.•••••.••••. Commissioner to Hot Springs...... • • • • • . • • . • • • • 5, 000 Visiting statesman, Louisiana ••••••.••••..••••• Minister to France . • • • • . . . . • • • . .. • • • • • • • . • • • • • • • • . • • • . 17, 500 ~~!· ~~~0·:: :: :: :: :: : :: :: : : : : : :: ::: :: : : :: :: : : : Visiting st.atesman, Louisiana ...... Governor of New Mexico...... 2, 600 Total ...... 87, 600 Florida: "M:. L. Stearns ...... Governor ...... Commissioner to Hot Springs...... 5, 000 "F. C. Humphries...... Elector ...... ••...... •••••••••••.•..•. Collector, Pensacola . . .. . • • • • • • • . • • • • • . . . • • • . • • . . • • • • . . 2, 000 -'8. B. McLin ...... Member of returning board ...••••.••.••••••.••. Associate Justice, New Mexico (not confirmed) . • • . . • • . 3, 000 Moses J. Taylor ...... Clerk circuit court, Jefferson County ...... Clerk United States Land Office ...... 1, 200 .Joseph Bowes ...••.•.•..•••.••••••••••••••..•••. Inspector, Leon County .•••..••••••••••••.•••••. Clerk Treasury Department...... • . • . • • . • . . • • . . 720 W. K. Cessna ...... Judge, Alachua ...... Postmaster...... : . . • • • • • • • . .. . 2, 500 R. H. Black...... Inspector of elections, Alachua County ..••...•. Philadelphia custom-house...... 990 ·Geo. H. De Leon ....•.•••••••••••••.••••••••..••. Secretary to Governor Stearns ...... Clerk in Treasury Department . • • • • • . . . • . . • • . • • • • • • • • • 1, 200 -John Varnum ...... · ...... Adjutant-general ...... Receiver, land office .. -...... · -·. · .. ~. · · · • · · -· -· • { and f!~~ James Bell ...... Changed tickets, .Jefferson County.••..••..•..•. Manuel Govan .•••••..••••••••••••••••••••••••.•. Republican manager, Monroe ...•..••..•...••... ~~~g::::iiiB: :::: :: ::: :: : : : :::: :: ::: ::: :::: :::::: :: ..... i," 200 Political manager...... Secretary to McCormick at Paris exposition . . • • . . • • • • • 2, 500 E. J.1M~eff :::: :: :::: :::::: :::::: :::: :::::: :: Detective in employ of republican visiting Lieutenant in regular Army . . • . • • • • • • • • • . . . . • ...... 1, 400 statesmen. P. G. Mills...... Telegrapher, who gave news about democratic Treasury Department. (Sister in Treasury; dismissed 1, 200 dispatches. when he said he considered Tilden elecred.) Chairman republican State committee ..••••..•.. Collector internal revenue. . • • • . . • • • . • • . . • . • • . . . • • . • . . • . 2, 875 r~a.~~=:::::: :::::: :::::: :::::: :::::: :::::: Republican manager of Ala-0hua ••••••.•••••.••. Treasury Department. (Removed and published affi. . •••.•.••. davit.) H. W. Howell...... Manager false returns from Baker ...... Collector for Fernandina ..••._ .. . • • . • • • • • • • • • • • • • • . . • • • • 1, 500 The following officers of the Government 26, 110 were in Florida, drawing their regular sal aries, looking after the canvass during the presidential canvass, to wit : Second Assistant Postmaster-General ..•••••.••.••••••. 3,500 Assistant in Attorney-General's Office .•••.•••.••..••.. l, 500 Special agent, Post-Office Department .••...•...... 1,200 Special agent, Post-Office Department •••...•..•....•.. 1, 600 · ;i~~~~~j~~~Z. L. Tidball ...... ~~~~ ~~~ ~ ~ ~ ~ ~ ~~ ~~~~~ ~ ~i~ ~ ~~ ~~~~ ~~ ~~~ ~ ~ ~~~~~ ~~~~~~~ ~~~ ~~ ~~ ~~~ ~~~ ~ ~~~ ~~ ~ ~ ~ ~~ ~ ~ ~. Special agent, Post-Office Department .•••••..••••.••.. 1, 600 . ..B. H. Camp ...... Special agent, Pos~Office Department .••••••••...••••. 1, 600 Total...... •••• •••••• ...•...... •.• ...... ••••.. .•. . ••...... • ...... •.. ..•..• .....••••••• .•.•.•. 11, 000 G~d;~.:~~:i:d~;:~i!_~-~~~-~- ...... ~.0-20 I say that from this paper the price of the Presidency to pay the men up to $1,500 a. year. How did they get these offices T By civil-serv connected with the returning boards amounts annually to 233,020 ice reform, called on this floor very properly" mivel-service reform"- under civil-service reform! The sergeant-at-arms of the Packard 233,020 paid annually to the3e people out of the Treasury of the legislature was made collector of the port; a member was made United States for striking down the representative principle of tha postmaster. They are scattered around from twenty-five cents a day Government, striking down the will of the people as honestl3 1880. CONGRESSIONAL RECORD- SEN.A.TE. 2981 expressed at the polls I I propose to have this list ~o to the ~eople of It is proper to state that this $1,000 had been sent Shellabarger by the United States to show the price of the Presidency paid under l\:Ir. Hayes on August 13. the strict rules of civil-service reform. We know what civil-service Cassanave delivered the indorsed dispatch to Sherman while at a reform means under this administration created by the republican Cabinet meeting, and the Secretary wrote upon it to Shellabarger as party and put in power. We saw it last summer. In the inaugural follows: message of Mr. Hayes he said that the offices of the Government You may offer the $1,250. belonged to tb.e p_eople; th~t office sho_uld not be ~ven as. a reward J.S. for partisan services. I wish I had time to read it. It is blessed Cullom declined to take kss than the 1,750, and the result was its and holy and r~eshing in the light of subsequent events. Last payment by the attorneys of the Administration and the stopping of summer we saw but one Cabinet officer left in the city of Wash the sale. Why the President and Secretary of the Treasury changed ington to attend to the business of the Government,· and he was their determination, and what relation existed between the work. of affiicted with a sore throat and could not talk. [Laughter.] One the returning board and the payment by them of 1,750, I leave to of them was speaking in soft Teutonic accents to the Germans of the candid judgment of honest men. Ohio. Two others were chained like galley-slaves to the trium Mr. President, I have spoken much longer than I intended. I de phal car of the senior Senator.from New York, ~os~ ~willing C!1P sire to notice one or two other poj.nts in this case, and conclude. As tives · another of them was m the State of Virgnna harangmng a matter of course, in a debate of this sort, which more or less par the l~yal colored people of that ancient Commonwealth with such takes of a partisan character, it is not to be expected that the staple fervid eloquence that they voted u~a~mously the oth~r way. The stock in trade of the republican party should not be brought out and President himself led the van, "swmgrng around the circle," to bor exhibited to the public gaze. As a matter of course we have heard row the phrase of Johnsonian times, telling the dear people what he from the Senator from Louisiana and the Senator from Maine intima knew of agriculture and the great blessings of civil-service reform! tions that all this thing turns upon the treatment of the colored race I said this was the price of the Presidency. I shall file an amended in the South by those who were lately in rebellion against the Gov petition. I left out $1,750 paid by President Hayes and the Secretary ernment, that the colored people of Louisiana had been continually of the Treasury last summer to Cassanave, a member of the return butchered, and that rapine and disorder prevailed through the entire ing board in New Orleans. He did not receive any pay in the shape South. of office. He came on to Washington City because a judgment had The pencil of Nast, the pen of Nasby, the northern press and pulpit been rendered against him and Kennard and Anderson and Wells for and the republican orators upon the hustings have taught the aver a fee of $5 000 for defending them on an indictment in the circuit court age republican mind that the whites of the South spend their time at New O;leans for perjury and fraud as members of the returning principally during the day in drinking mean whisky and a busing the board. Judgment was rendered and execution was issued. The others Government, and at night in murdering inoffensive negroes. That being insolvent the plaintiff levied on the livery stable of Mr. Cas is the staple stock in trade to-day of the republican party. It was sa.nave. He came to Washington City to appeal t.o the gentlemen who used t.o carry some of the Northern States at the last election. It is . had received the principal reward of his rascality to take up that to be used again under the leadership of that most illustrious ex judgment and relieve him. The entire history of the transaction is President of the United States, with the banner so well described by worthy of being perpetuated. the Senator from North Carolina [Mr. VANCE] :floating above him. On August 7, 1879, Cassa.nave addressed a letter to the President, We are again to be 1-ectured upon this same theme. stating distinctly his demands : . There are certain facts that ought to be known to the American If my property is sacri.flced under that judgment it will render me ba.nkrnpt. I people. I have no hope that any feeble utterance of mine will reach am a poor man and miable to sustain such a. loss. I ha.ve always assumed a full that great public ear of the North; I know that it is hermetically aha.re of the responsibility attaching to the official acts of the returning boa.rd~ although I have never enjoyed any of the fruit.a resulting from its findings ; ann sealed against any man who, like myself, shared the fortunes of the in this connection I respectfully remind you- South. They hermetically seal their ears against any utterance from The head of the civil-service reform such a source, but it is an adage that figures will not lie; In 1870 the population of the ten cotton States, Alabama, Arkansas, that I hold no office under your a.dministration- Florida, Georgia, Louisiana, Mississippi, North Carolina, South Caro He had not been paid- lina, Texas, and Tennessee, was 8,272,233. a.nd ha.ve derived no pecuniary benefits whatever therefrom ; but on the con· For the year ending June 30, 1879, the domestic exports from the trary I have sustained considerable loss in my business on account of my identity with the board. Messrs. Anderson, Wells, and Kenner, the other three members United States a.mounted in value to $717,093,777. Of this vast sum and their numerous family connections a.re enjoying lucrative positions in the the cotton States are credited with $162,304,250 for cotton alone ; employ of the Government. showing that over 22 per cent. of the value of our exports was for a * * * crop grown by less than 20 per cent. of our population. I called upon Mr. Sherman yesterday and he proffered me a. contribution of 100 From the New Orleans papers of the 25th instant, I see that the as the only relief he could o:lrer me, which I was compelled t-0 decline out of re spect for the great fina.nce minist.er of our Goverruµent. receipts of cotton. up to April 24, 1880, in all the southern ports were 5,551,769 bales, against 4,900,545 for the same period in the preceding I think that is pretty good, evAn for Louisiana.. [Laughter.] year, showing an increase of 650,2"24 bales. Before sending this letter, Cassa.nave had called upon Mr. Hayes What candid mind can believe that results like these come from and wa-s informed that he could do nothing for him. In a few hours, murder, oppression, and social disorder T however, after writing this letter, $500 was sent to New Orleans to In his message to the Packard legislature on January 1, 1877, Mr. be paid on the judgment, and on August 13 the following dispatch KELLOGG made the followin.g statements : was sent to Messrs. Shellabarger and Wilson, attorneys for KELLOGG The assumption tha.t Southern States cannot prosper under government.a elected in this case now before the Senate; they seem to have a general re in strict accordance with the requirement.a of the thirteenth, fourteenth, and fif. tainer in this Louisiana business : teenth amendments to the Constitution of the United States is disproved by f.acts. WASHINGTON, D. C., Aug. 13, 1879. The assessment-rolls of the different parishes of the year 1875, filed in the office of E. NORTH COLLUM, Ne;w Orleans, La.: the State a.uditor, /,!;ive instructive statistics of the agricultnra.l productions of that Should we send 1,000 more on returning board judgment will you give reason year. From severa.1 of the parishes complete returns were not made. It is fair to assume, as they are remrns, tha.t none of them err on the side of overstating able time for balance~ tax SHELLA.BARGER & WILSON. results. In fifty.three ontof fifty-seven parishes, with a cultivated area of 1,934,907 acres, and an uncultivated area. of 10,934,907 acres, the products of the year are• To this dispatch came the following reply : shown t;o have been 300,000 ba.les of cotton, 100,000 hogshea.ds of snga.r, 235,000 bar rels of molaEses, i75,000 barrels of rice, and over 6,000,000 bushels ofcorn. Returns NEW ORLEANS, LA., Aug. 13, 1879. for the year just closed ha.ve thus far been received from only forty.eight out of :Messrs. SHELLLABARGER & WILSON, Wa-shington, D. 0.: fifty-seven parishes, but careful computations place the probable yield at 450,000 If yon send me $250 more, making a. t.otal of $1, 750, and Cassana.ve will give se· ba.les of cott.on, 186,000 hogsheads of sugar, 364,000 barrels of molasses, and 270,000 cnrity not to dispose of his property, I will wait till Jan')i:.lNORTH CULLOM. barrels of rice, with more than sufficient corn t;o supply all home demands. These statistics do not include cypress lumber, moss, and other natural products, nor do they include many other items which go la.rgely to ma.ke up the agricnltural wealth Cassanave stated that on August 15 Shellabarger gave him the fol of .the State, aa, for instance, oranges and other fruits; tobacco, one variety of lowing dispatch, and directed him to sign and send to Cullom : which is cultivated t;o a considerabfo extent in several parishes; oats and other cereals, which in the hill district.a are successfully raised; and neat-cattle and vege WASHINGTON, D. C., Aug.15, 1879. tables, in the rearing of which the State is almost self-supporting. All these con E. NORTH CULW:&I, New Orleans: sidered, it is safe to say that thevalne of the products of the State dnrin_g the pres Will cause 1,000 to be mailed to-day, provided you stop sale and wait until ent year will range from fifty.five t;o sixty millions of dollars. By whom nave these Jan'y. 1 for balance. Answer immediately. results been produced 1 Not t;o any appreciable extent by white labor. It is one G. CA.SS.A.NA VE. of the lamentable legacies of slavery that by a large class of the white population To which Cullom replied: the cultivation of the soil is regarded as a badge oI degradation. The cotton and NEW ORLE.A...... ,s, LA.., August 15, 1879. sugar and rice, which maintain the commerce of New Orleans and afford support G. CASSANAVE, ~ ~1:J1:~~:ulk of the population of our chief city, are the product.a of the free Washington, D. 0.: 1 I will not. Sa.le goes on. And yet we ai·e told in the face of these statements, showing, if E. SMITH CULLOM. KELLoGG is believed, a prosperity almost unexampled, that crime Cassanave carried the answer to Shellabarger, who indorsed upon and violence ran riot, while every sort of lawless oppression was be it the following : ing daily exercised toward the laboring class by the ownel'S of the soil. To Secret..'\ry SHER:MA.N : No honest mind will credit the assertion. The :figures of Mr. KEL I telegraphed that I woul.d send $1,000 to.day if sale would st;oI>_and the plaint i.ft' wait for the balance till January, and this is the answer. What shall I do LOGG show the increase in sugar, the increase in cotton, the increase with the 1,000 ~ in corn, hogs, and cattle; and yet at the same time he would have us -~·------~ -· -- ··' .. 2982 CONGRESSIONAL RECORD-SENATE. MAY 4, believe that by night and by day an unceasing war was being made Mr. HILL, of Georgia. No; I prefer not to do so now. upon the producers by the owners of the soil. To-da:y the South ~ta~ds Mr. HAMLIN. Then the floor being assigned to my friend from and speaks for herself, speaks in the hom~s she is Il:ow rebuilding Wisconein, I now ask the Senate to allow me, by unanimolli! consent, an... 1 in the men that come with honest allegiance to this Government to take up this bill. I do not wish to interfere with the pending to fib ht for it and die for it against a foreign foe. questbn. I do ·1ot pretend that S?enes of violence ~nd ?-isorder have not been The PRESIDING OFFICER. The Chall: recognizes the Senator witnesse during the penod of reconstruction rn the Southern States. from '\7isconsin [Mr. CAMERON] on the KELLOGG question. The Sena If such hau not been the case, it would have been a miracle equal to tor fro:.nMaine asks forthe present consideration of Senate bill No.1650. ,. any recorded in Holy Writ. The people of the South have been called CLAIMS AGAINST NICARAGUA. upon to pass through ~ ordeal such as no other. people in all history By u::rnnimous consent, the bill (S. No.1650) authorizing the Presi have experienced. Their slaves, suddenly emancipated, were put over dent to make the necessary arrangements to carry into e:flect any con them as rulers and Jaw-givers, while a horde of merciless and un vention between the United States and Nicaragua for the adjustment principled adventurers controlled the ignorant and credulous negro, of claims which may be duly concluded between the two governments in order to plunder th~ State. . . was considered as in Committee of the Whole. What English-speakmg people would have submitted without re Mr. WITHERS. I wish to merely state before the Senate proceeds sistance to such outrages as have been perpetrated upon the people 11 to the consideration of that bill that I shall feel it my duty to an of the South Y tagonize other business with the appropriation bill to-morrow. Sir I have not one word to utter against the colored race. I know Mr. CAMERON, of Wisconsin. I will state to the Senator from Vir them' far better than their pretended friends upon the other side of ginia that, so far as I am concerned, I will not antagonize the appro this Chamber and I bear willing witness to their docility, kindness, 1 priation bill. and fidelity. By the memory of Ion~ years of ~dly inter~o:nrse ai;n Mr. HAMLIN. The question is on agreeing to the amendment re I and mine reminded of these traits; but this very docility, thlS ported by the committee. parasitic nature of the colored race, made them p~ant too1:8 and easy The PRESIDING OF]'ICER. The question is on the amendment victims of the unprincipled carpet-baggers who ga.thered like wolves of the select committee to inquire into claims of citizens of the United· about the wounded and bleeding South. States against the government of Nicaragua. Sir I stand here to-day representing three millions of people as The Chief Clerk read the amendment; which was to add to the bill: loyal'to this Government as any in New England. I come from a State SEC. 7. That the appointment of none of the officers named in this act shall be that furnished one hundred and ninety-nine thousand soldiers to the made until after a convention as herein provided for shall ha"Ve been made and rati· Union Army· and I am here representing these soldiers; and I say :fi.ed by the Senate. · that the people of Missouri are as true and loyal to ~his. Government The amendment was agreed to. as any man who claims direct descent from the Pilgrun fathers at Mr. HAMLIN. The Senator from Vermont [Mr. EDMUNDS] is not Plymouth Rock; yes, sir, as true, as earnest, and as loyal ~o the Con now in his seat, but messengers have gone to find him. stitution and Union of these States. In the name of this people I The PRESIDING OFFICER. The Chair understands that an protest against partisan and sectional appeals to justify the outrage amendment has been proposed and ordered to be printed while the perpetrated upon Louisiana in seating upon this floor one who was Senate was sitting on this bill with closed doors. never elected by that State to represent her sovereignty in the Senate. Mr. HAMLIN. I do not a.sk that the bill be considered with closed But, Mr. President, my streng~h is exhausted. I would that I _c<;mld doors. say more upon this question so unportant to the people of Lomsiana The PRESIDING OFFICER. There was an amendment offered and so important to constitutional liberty throughout th~ ~ountry. when the Senate was in session with closed doors. The Chair under The rights of Louisiana can be secured, the wrongs of Lomsia.na can stands that the Senator from Vermont has offered an amendment as be redressed but who can estimate the far-reaching consequences of a substitute for the bill. That occurred when the Senate was sitting that greate~ wrong inflicted by the same agencies and at the same with closed doors.. The Senator is not in his seat. time upon the people of all the s.tates, when the representative prin Mr. HAMLIN. I want to know if an amendment changing a bill ciple of free Government wa.s str10ken down to subserve the madness of the Senate into a resolution of the Senate is in order-to change a and greed of party. colt into a calf! Time may heal the wound, and such will be every patriot's prayer, The PRESIDING OFFICER. The Chair is not to decide on that. but liberty is a plant so sensitive that once .touched by rob'J:>er hands The Chair will rule that all amendments are in order to any bill pend it needs long years of tender watch and lovrng care before its leaves ing except upon appropriation bills. again put forth or its flowers bloom. Mr. HAMLIN. 'l'hen I raise the question of order that it is not in Mr. HAMLIN. If there is no Senator desiring to speak upon the order to change a bill reported by a committee into a simple resolu pending question at this time, I ask the unanimous ~onsent of the tion of the Senate. Senate to take up Senate bill No. 1650 and dispose of it. The PRESIDING OFFICER. TheChairwillsubmit that questiqn Mr. WITHERS. I aave notice yesterday that I would to-day ask to the Senate. The Chair has a little delicacy, however, in having the Senate to take up~or consideration the bill (H. R. No. 5896) mak this amendment read unless the Senate desire it, it having been offered ing appropriations to provide for the expenses _of the government of while the Senate was sitting with closed doors and the Senator who the District of Columbia for the fiscal year ending June 30, 1881, and offered it not being in his Reat. for other purposes. In discharge of the duty imposed on me by the Mr. DAVIS, of West Virginia. I submitto the Senator from Maine Committee on Appropriations, I must ask that that 'J:>e done by ~ay whether we ought to proceed in the absence of the Senator from Ver mg aside temporarily the regular order a'{ld prQQee(ling to cons1der mont. the bill I have named. Mr. EATON. I ha.ve sent for the Senator from Vermont, and I do Mr. HAMLIN. I wish to make an appeal to my friend from Vir not suppose my friend from Maine desires to push this matter till he ginia. I feel an interest in the bill which I have referred to. I think comes in. it cannot take much time. I shall be absent from this body to-mor Mr. HAMLIN. Here he ie. row in paying that respect which is due from me to a deceased friend. Mr. EDMUNDS. What is pending t I.I On the next day I shall be away on my road home. I wish the Sen The PRESIDING OFFICER. The amendment of the committee ator would indulge me in letting this bill come up and be disposed of. has been agreed to. It was stated that the Senator from Vermont 1:: Mr. HILL, of Georgia. Ml;· President, what has become of the reg while the Senate was sitting with closed doors had offered an 3:IIlend ular orderf ment which the Chair, in deference to the Senator, under the circum The PRESIDING OFFICER, (Mr. FERRY in the chair.) It is pro stances declined having read unless the Senate ordered it to be done. posed that it be laid aside temporarily. It holds its pJa.ce. The Senator from Vermont is now in his seat. I' Mr. HILL, of Georgia. I desire to state to the Senate that I very Mr. EDMUNDS. I think it better that we should consider this much hope to hear something from the other side on the regular matter with closed doors as we did before, and I make that motion. order, the Louisiana question, before.I addJ;ess ~he Senate.. If any The PRESIDING OFFICER. 'rhe Senator from Vermont moves gentleman wishes to take the :floor now I will give way to him and that the consideration of this bill be with closed doors. let him speak before I do. The motion was agreed to, and the doors were closed. After a ses Mr. CAMERON of Wisconsin. Mr. President, I think that some sion of twenty minutes with closed doors the doors were reopened one or more Senators on this side of the Chamber will desire to ad and the bill was reported to the Senate, and the amendment made a-s dress the Senate, and will be rea~y to go on to-morrow mor~g. . in Committee of the Whole was concurred in. Mr. IDLL, of Georgia. That will do. The Senator fr?m WISconsm Mr. INGALLS. Does the amendment offered by the Senator from may take the floor and yield to any gentleman on that side he pleases Vermont appear on the Journal of the Senate Y to-morrow morning. The PRESIDING OFFICER. The Chair was about to state that Mr. CAMERON, of Wisconsin. I will. the Senator from Vermont had moved an amendment which will now Mr. HILL, of Georgia. I s~mply want the programme un~erstood. be reported. That being arranged, I am wilhng that the Senator from Mame [¥1'. Mr. HOAR. It is not necessary to read it again ; it has been read. HAMLIN] shall have his way. I may be called away from the city It can be inserted in the RECORD. next week and during this week some time I desire to submit my The amendment of Mr. EDMU1U>S was to substitute the following views to the Senate on the question now before it, the Louisiana case, resolution : perhaps the day after to-morrow. . . JUsolved That the President be, and he hereby is, requested to lJ,rge upon the Mr. CAMERON, of Wisconsin. If the Senator from Georgia desires governme~t of Ni~gua. the concl~on of a. conv.ention to provide for the settl& to go on, I will not take the floor now. ment of claims of citizens of the Umted States agamst that government. 1880. CONGRESSIONAL RECORD-HOUSE. 2983 The PRESIDING OFFICER. The question is on agreeing to the canvass, and soon thereafter tendered my declination, and I now pro amendment proposed by the Senator from Vermont. pose to state the reasons which induced this declination. The year 1876 will long be remembered as the era of "congres The amendment was rejected. t The bill was ordered to be engrossed for a third reading, read the sional investigations." These were exceedingly fashionable, and f third time, and passed. whether they produced any practical results or simply the result i INDIAN APPROPRIATION BILL. which the mountain in labor produced, they furnished at least what ~ a then morbid public sentiment desired, choice morsels of scandal The Senate proceeded to consider its amendments, disagreed to by and vilification. the House of Representatives, to the bill (H. R. No. 4212) making ~p Prominent among these is the one known as the "Venezuela. in propriations for the current and contingent expenses of the Indian vestigation, 11 in connection with which my name has been so freely Department, and for fulfilling treaty stipulations with various Indian used. After a brief recital of the history of the claims of American tribes for the year ending J nne 30, 1881, and for othel' purposes. citizens against the government of Venezuela, necessary to a. proper On motion of Mr. BECK, it was understanding of this matter, I shall refer to the origin, peculiari Resolved, That the Senate insist upon its amendments to ~e said bill disagreed ties, and purpose of said investigation. ·to by the House of Representatives, and ask a. conference Wlth the House on the For a long period of time in our past history, dating back to and -disagreeing votes of the two Houses thereon. beyond the adminiRtration of Andrew Jackson, some of our citizens By unanimous consent, it was have had claims against the government of Venezuela arising out of Ordered, That the conferees on the pa.rt of the Senate be appointed by the Vice various torts and contracts, some of the contracts bein~ for the guns hesident. and powder used by Simon Bolivar in achieving the ina.ependence of And Messrs. BECK, WITHERS, and .A.LusoN were appointed con that country. These claims at one time or another had been made ferees on the part of the Senate. the subject of official correspondence with reference to their adjudi SESSIONS WITH CLOSED DOORS. cation and payment between the respective governments during all, Mr. CONKLING submitted the following resolution; which was or nearly all, of our administrations from that of Andrew Jackson considered by unanimous consent, and agreed to : to that of Andrew Johnson. Their validity was thus frequently recog . Resolved That the Committee on Rules be instructed to inquire into the pro nized and their payment demanded by our Government. priety of a.inending Rule 64 of the Senate so as to require a vote of the Senate to As a result of this correspondence, a treaty was concluded between -close its doors. the two governments in April, 1866, for the creation of a "mixed EXECUTIVE SESSION. commission," consisting of two members, one of whom should be ap Mr. McPHERSON. I move that the Senate proceed to the consid pointed by each of the governments, and of an umpire to be named eration of executive business. by the Russian minister at Washington. The person named as um The motion was agreed to; and the Senate proceeded to the consid pire was a citizen of Venezuela, thus giving to that government two ·eration of executive business. After forty-five minutes spent in ex out of the three members of the commission. The commission met, ·ecutive session the doors were reopened, and (at five o'clock p. m.) discharged its duty, allowed claims to the amount of one million and the Senate adjourned. a quarter of dollars-the amount claimed being nearly four times that ~ sum-and adjourned in August, 1868. Venezuela soon after these claims were allowed began the same role of delay and refusal in their payment that had characterized her course for so many years, not HOUSE OF REPRESENTATIVES. withstanding the urgent requests of so many of our administrations. In 1869 complaint was made by that government against the action TUESDAY, May 4, 1880. of the mixed commission, to which Secretary Seward replied that-- The utmost indulgence and forbearance had been practiced by this Government The House met at twelve o'clock m. Prayer by the Chaplain, Rev. in regard to the claims of its citizens upon Venezuela. lV.P.HARrusoN,D.D. Also that-- The Journal of yesterday was read and approved. An installment of the interest awarded by the commission bas already become ORDER OF BUSINESS. due to this Government, and it has been pressed by the claimants to insist with l urgency upon prompt payment. It has forborne to do so until it should ha,ve ma Mr. TOWHSHEND, of Illinois. As the list of States and Territo tlJlrely considered the objections taken by the government of Venezuela to the _pro ries was not called through yesterday for the introduction of bills and ceedings of the commission. That reason for delay having now ceased, this Gov _joint resolutions for reference, I ask now that unanimous consent be ernment can no longer defer a compliance with the just demands of its.citizens. given to complete the call as of yesterday. This frank and manly position of Secretary Seward did not prevent Mr. ORTH. I must object. I rise under the order of the House the government of Venezuela from continuing its complaints-com made yesterday, to submit a personal explanation. plaints which never in the whole history of this matter have been Mr. TOWNSHEND, of Illinois. I hope my friend from Indiana sustained by evidence which any respectable court would tolerate ..[Mr. ORTH] will allow the list of Sta.tea to be called through; it will and accordingly charges againBt the commission were again made to take but a short time. this Government, to which Secretary Washburne replied: Mr. ORTH. I will take but a short time myself. I cannot perceive that you present any new fact or reason for acceding to that The SPEAKER. The gentleman from Indiana [Mr. ORTH] declines request-- until he has made his statement, and he now claims the floor under A revision of the work of the commission.- the order of the House yesterday. additional to those adduced in your letter of the 12th uJtimo, and which, as you Mr. TOWNSHEND, of Illinois. Mr. Speaker- were informed by my predecessor in his communication of the 3d instant, this Gov Mr. ORTH. I do not yield. ernment was constrained to regard as inconclusive and unsatisfactory. I must therefore decline to reconsider the det.erminati.on with which you have been made Mr. TOWNSHEND, of Illinois. I rise for the purpose of saying acqua.i.nt.ed. -that as the gentleman from Indiana [Mr. ORTH] intimated yesterday that he desired my colleague [Mr. SPRINGER] to be in his aeat when fu. May, 1869, complaints, and complaints only, but no evidence, he made his explanation, I call his attention to the faot that my col being again preferred by Venezuela, Secretary Fish replied thus league is not now present. plainly and emphatically: Mr. ORTH. That is not my fault. ·Had the Government of the United States been as prone to suspicion as the gov ernment of Venezuela it might have declined to investigate charges brought for Mr. TOWNSHEND, of Illinois. If the gentleman will allow the ward at so late an hour; but instead of so doing, animated by the spirit of justice, States to be called, my colleague will be here by that time. it invited proof. The government of Venezuela. failed to furnish anything which Mr. ORTH. I must decline to be interrupted. Mr. Seward regarded as entitled to the leaatconsiderationas evidence. Mr. Wash The SPEAKER. The gentleman declines to be interrupted and will burne, on ta.kin~ offi.ce1 was asked to review the decision of Mr. Seward. He did so, and found nothinp; m the record to warrant him in reversing it. * * " Three proceed. times, under three dijferent Secretaries of Stare, oppartunities have been given to the VENEZUELAN CLAIMS-PERSONAL EXPLANATION. government of Venezuela to substantiate these charges, and nothing has come of the Mr. ORTH. Mr. Speaker, this is the first time in a service of nearly forbearance of the United States except a reiteration of the assault upon the character of citizens of the United States and of Venezuela, without corresponding proof. The twelve years that I have asked the attention of the House to a matter President direct..s me, therefore, to decline further discussion of the subject. • personal to myself. The explanation which I am about to make is -Oue to my friends, and especially to my immediate constituents, who Thus matters stood at the time the Committee on Foreign Affairs, have for so long a period favored me with their unwavering confi in June, 1870, after a careful investigation of the charges and testi dence and support. These friendships and this confidence are to me mony, unanimously reported- beyond all price, and shall ever be regarded as among the most cher That the charges against the commission are not substantiated, and that there is ished memories of my life. To some it may seem that thia explana nothing which sliould a.fleet or impair the validity of the awards. tion should not have been deferred so long, but it was so deferred in I ·was a. member of Congress. at that time, and a member of that the hope, now a reality, that I could make· it in this HaU, where it committee, and voted, a.s did every member of the committee, for the can most properly be made, for the reason that here the chief matters adoption of that report. '!'his was all of my congressional connection causing it had their origin. with these claims. Four years ago, while I had the honor of representing our Govern Afterward, when I was not a member of Congress, I was retained ment at the court of Vienna, the republican party of my State, with as an attorney on behalf of some of the claimants to procure a distri singular unanimity and without solicitation on my part, tendered to bution of the money then' in the hands of the Secretary of State, and me the nomination for the honorable and responsible position of gov the passage of the act of February 25, 1873, declaring these claims ernor. I accepted this nomination, returned home, entered upon the "as valid and subsisting against t~e republic of Venezuela." The dis- -.------... •-... ------..--- -- ....---.. .,. -. ...--- - ... IL -- I .-' .,._ -."' ---