1882. Congressional Record-House. 6467
r 1882. CONGRESSIONAL RECORD-HOUSE. 6467
HOUSE OF REPRESENTATIVES. controver y at all I say there can be no doubt that the first allusion was made by the ~entlernan from Pennsylvania. . TUESDAY, July 25, 1882. Mr. REED. Will the gentleman from Kentucky perrrut me to say, I am informed the language of the gentleman from Pennsylvania al The House met at eleven o'clock a. m. Prayer by the Chaplain, luded not to the Senator from South Carolina for anything which took Rev. F. D. POWER. place in the Senate of the United States 'I The Journal of yeste1·day's proceedings was read and approved. Mr. 1\IILLER. Not one word was uttered a.ato anything that took PERSO~AL EXPLANATIO~. place in the Senate, but it was as to what occurred hefore lie was a. Mr. :MILLER. I rise to a question of personal privilege. member of that body. . The SPEAKER. The gentleman will state it. Mr. CARLISLE. I have no purpose to go into t he merit of the Mr. MILLER. On my return to this city yesterday, after an ab controversy. sence of three days, I observed in the CONGRESSIO~AL RECORD of Mr. REED. I submit to the gentleman from Kentucky for what July 22, 1882, the remarks which I send to the Clerk's desk to be it is worth that the gentleman from Pennsylvania in speaking on the r ad. floor of this House violated no rule of the Honse, because he did not The Clerk read as follows : allude to any transaction in the Senate, while on the contrary ~e Mr. BUTLER. Mr. President, I observe in the R E CORD of this morning that a speech which was made in another place was made in reference to a per on in another ~lace made a wanton attack on my character and committed a transaction which took place in the House, and evidently by per b reach of the privileues of this body, for which be was not called to order, in dis sonal solicitation was made especially offensive by being printed on cusRing a contested-e'iection case. I shall not at this late day be betrayed into a controversy with this individual, whose acquaintance I have never had the mis the first page at the head of the first column of the RECORD, evidently fortune to make, but shall rather leave him to the judgment :md contempt of all by an arrangement of some kind or other, because other speeches were honorable men for attacking another in a forum where he could not be answered, in before it. under cover of the privileges of that forum, for declinin~ to allow the correction l\Ir. CARLISLE. I know nothing about that, of cour e. of t he falsehoods he was uttering, the go.rblin~ of the eVIdence, perversion of the truth, falsidcation of the record, and for refusmg t~ give the person attacked the Mr. KASSON. I wish to state this, Mr. Speaker, on the point of benefit of his own statement. I have withstood the mastiffs of the radical party order. in the pa-st, and can afford to dismiss wiih this brief notice the yelping of this cur The SPEAKER. ·The gentleman from Iowa 'vill proceed. of low degree. The name of this creature I believe is SAMUEL H. MILLER. Mr. KASSON. What constitutes a question of p1ivilege of this :Mr. MILLER. Mr. Speaker, I now send to the Clerk's desk the nature is clearly stated in our rules: CONGRESSIONAL RECORD of July 21, 1882, and ask that the para Second. The rights, reputation, and conduct of members individually in their graphs marked be read. They are found on pages 1 and 2 of the representative capacity. • RECORD of that day. · The gentleman from Pennsylvania [Mr. MILLER] evidently in the :Mr. BUCKNER. I rise to a point of order. There is no personal paragraph already read was attacked in his representative capacity privilege involved in this question. We understand what it is thor for what occurred on this floor, and whatever may have preceded it, oughly. it certainly is a question of privilege for him to explain in proper :Mr. O'NEILL. There is a question of personal privilege involved terms. .And I hope, (and I express the hope most earnestly,) he will here on the part of my colleague from Pennsylvania, and he ought not imitate the language in another place on that subject, but will to be hea~·d. If it were a question of personal privilege on the part in a manly way respond on this floor to the impeachment of his rep of the Senator from South Carolina, it is certainly as much a ques resentative conduct in that speech. tion of pri vileO'e on the part of my colleague. Now, sir, that is clearly in order; but if the gentleman from Penn . Mr. CARLISLE. While the gentleman may feel aggrieved by sylvania goes beyond that he is liable in his turn to be called to something contained in the extract just read, yet the rules of the order as, in my judgment, the gentleman should have been who . House forbid allusions here to what transpired in the other House, uttered what he did in another place. as the roles in that House forbid reference there to what transpires I say this irrespective of the merits of the controversy. No one here; and unless there can be a line drawn somewhere, Mr. Speaker, can re(J'ret more profoundly than myself that either here or there this House, it seems to me, is in danger of getting into inextricable there should have been language uttered where there was no oppor confusion and interminable discus ions and disputes with members tunity to reply. That is the admitted and indisputable record. But in the other end of the Capitol. Now, inasmuch as the gentleman on the point of order I think the gentleman from Pennsylvania has from Pennsylvania has had an opportunity on this floor to say what the right to speak in order as to what concerns his reputation as a he desired to say in reference to the gentleman who uttered those member of the Honse. words, and that gentleman has seen proper to take some notice of Mr. EVINS. Mr. Speaker, in the first place the gentleman from them at the other end of the Capitol, the matter ought to stop. Pennsylvania did violate the rules of this House in making refer Mr. MILLER. I have observed in this Honse, l\Ir; Speaker, that ence to a member of the other body. He alluded to him repeatedly members have sent to the Clerk's desk to be read articles from news as "uow a Senator from South Carolina," and that gentleman sim papers-- ply responded to what he and what everybody disposed to be fair A MEMBER. Entirely too much of it altogether-- and just will regard as an unjustifiable and unwarranted attack on Mr. MILLER. Which were not authenticated by any person, but his character. It seems to me, as my friend from Kentucky [Mr. rising in their seats to a question of personal privilege in reference CARLISLE] has already said, there must be an end put to this sort to what might be contained therein. The REcoRD1 which I send to of controversy somewhere. The gentleman from Pennsylvania [Mr. the Clerk's desk, is the official record of the proceedings of this body,· MILLER] declined to be interrup'ied so that any correction of the and it seems, sir, from that RECORD that some one, at the other end statements he was making might be made fu this House. of the Capitol it may be, bas seen fit to impugn the veracity, the I made an effort to correct one or two of his statements, but he de truthfnlnes, the correctness of the statements made on the floor of clined to be interrupted. Now, Mr. Speaker, it does seem to me that the House. there is nothing in this subject which presents really a question of The gentleman from Kentucky [1\Ir. CARLISLE] sayswemustdraw privilege. The language used by the gentleman referred teas a mem the line somewhere. It strikes me thatifthemembersof this House ber of another body does not make any charges of corruption or any have any regard for the dignity of this body it should be drawn when charge affecting the gentleman from Pennsylvania in his representa one speaking in a co-ordinate bra.nch of the Government rise in his tive capacity. Therefore it does not strike me that there is any seat and uses unparliamentary language toward a member of the question whatever of privilege involved in the matter. Rouse which appears in that RECOIU>. I ask, therefore, that the The SPEAKER. The point of order is made that the matter which remarks which I have marked in the RECORD of the 21st instant be has been just read from the RECORD does not present a question of read. I ask it as my right as a member of the Congress of the United per~onal privilege. These questions are always very delicate ones States. for the Chair to undertake to dispose of. It seems to the Chair, leav Mr. CARLISLE. I have no objection to the reading of the re ing entirely out of view the question as to the source from whence marks which the gentleman from Pennsylvania asks to have read. these remarks came, that they constitute an attack upon the repu I wish to say that I take no part in this contro>ersy on the one side tation and the condnct·of a member of this body, not only individ or the other, havin~ no purpose to discu s its merits. But the point ually but in his representative capacity. They make an attack of order I make is m the interest of order in the Honse and the in upon him or a charge of improper conduct in debate, and in that terest of correct proceedings in the Congress of the United States. view the Chair would be dispo ed to hold, although very much If we are to enter upon controversies here on this floor, if we are to inclined against the practice of allowing the time of the House to be have controversies on this floor between members of the House and taken up by members in answering personal attacks from any source members of the Senate, it. seems to me there will be ab olntely no or of any kind, and the Chair thinks a strong case should be made end to it. It is a violation ofparliamentary law and of the rules of to present a question of privilege. this House. While I disclaim-- ' The question now is whether or not the gentleman from Pennsyl Mr. ERRETT. The remarks mad~ .in the Senate in reference to my vania shall be permitted to make an explanation of the matters colleague were in utter violation of parliamentary rules, and those with which he is charged by a Senator of the United States. With remarkR having been made, my colleague certainly has the right to out undertaking to open the door at all, or to break down the well be heard in reply. established parliamentary rule that what is said in one body shall M1·. CARLISLE. I have already said they were in violation of not be referred to ~r assailed in another-a wise and good rule in the parliamentary law, but if the gentleman from Pennsylvania is al judgment of the Chair-without undertaking to attack that, or, as lowed to proceed here, then the ~entleman in tbe other end of the the Chair has stated, to break down that practice, the Chair is in Capitol will proceed there, and Without discussing the merits of. the clined to hold that the gentleman from Pennsylvania may make an t 6468 CONGRESSIONAL RECORD-HOUSE. JULY 25,
explanation of his own conduct entirely disconnected with any as .AtthattimeButlerandGet~en. withGeneralM. C. BUTLER, who had beenem sault upon the Senator. If he in any respect by remarks of his 'own pl?yed by Rob!lrt_J. ~utler, father of ~e former, as their attorney, repaired to tho office of the tnal-Justice, but .Adams did not appear. . · assails the Senator whose remarks appeared in the RECORD and . Gener_al ~utl~r inqau-ed as to the nature of.the. charges against A.dams, and asked which have been read, the Chair thinks he should be promptly called if the tnal-Justice was to hear the case as trial-Justice or in his official capacity of to order. Whatever would be simply in the nature of a fair expla mll(jor-general of militia. nation of what has been said, or of what he said upon the floor of . To this the trial-justice repli_e~ that he was to hear the case as a trial-justice, but if the facta showed that a military offense had been committed Adams would the House, would be only just to himself, it would be just to the have to be tried by a court-martial. ' House and perhaps just to the Senator referred to. _General ~utle! then sta~d th~t he thought the case might be arranged, and at In holding thus the Chair thinks it goes to the very verge, as sug his sugge tion tune was grven him to see the parties. gested by the gentleman from Kentucky; and were the Chair to .After this the trial-justice did not see General Butler at his office, but learned that he had gone over to .An~sta. permit an explanation of this kind to go beyond this the Houses In the mean time the trial-Justice had been informed that some two hundred·<>r would be likely to get into intermiuable disputations. The rule three hundred armed white men were in Hamburgh , and tJJ.at a demand had been ought to be strictly applied iu this House, to the end at least that made by them that the militia should surrender their arms. .After a con ultation with Messrs. Jefferson and Spencer, Rivers sent for General Butler. He rode up attacks of a personal character on Senators should not be made and to the ba-ck gate of Rivers's house. The two had a conversation in which Gen criminations and recriminations between members and Senators eral Butler said that he had given orders to have the guns giveii up in half an should not be indulged in. The present occupant of the chair was hour, and tJJ.e time was nearly up. not presiding when the gentleman from Pennsylvania spoke on the Rivers asked if some other arrangement could not be made, to which General Butler replied in the ne9:ative. election case. Within the limits indicated, therefore, the gentleman Rivers then asked if he would not consent to have him receive the arms box: from Pennsylvania will be permitted to proceed. them up, and send them to the governor. To which General Butler replied,' that Mr. MILLER. I now ask the· Clerk to read what I have marked he would box them up and send them to the governor, and if he, the governor of my speech lately published in the RECORD. ~hould return t~em t{) the company it would b.e at his own risk. Rivers then a ked if they would giVe a bond for-the anus, to which General Butler said that he would The Clerk read as follows: stand the bond, and turning to another person-I think R. J. Butler-asked if he On Friday, July 7, General M . C. Butler, one of the present Senators from that wouldn't go on bqpd also, to which he replied that he would. State, and who lived at Edgefield Court-House, in the county of Edgefield, ll'ft his Rivers then asked for time before :lire should be opened on the militia so that home for Hamburgh, ostensibly for the purpose of trying the case on the part of h~ might have a conference with the militia officers. This was acceded' to, and the prosecution before the trial justice. He reached Hamburgh between two and Rtvers the~ went to the buildin~ known as the ~ibley building, in the second three o'clock in the afternoon. story of which the company had 1ts armory and drill-room, and where it wa-s then * * * asse!D bled, and told Cap~ .Adams what. might be expected~ he should refuse · The Chronicle and Sentinel, a Democratic paper published in .Au~sta, adds the to grve up the arms. To this Adams replied that General Butler had no riaht to further fact that General Butler went over from Hamburgh across t;he bridge into the guns; that the company held them, and he proposed to hold them unless Gen Augusta. Saw young men over there and said to them, "Things over in Ham eral Butler showed some authority tQ take them. burgh look squally, young men; we may want you over there; get yourselves in .After this interview Rivers returned to General Butler, with whom was Robert r eadiness." The editor of the paper fm-ther says that these young men, fully J. Butler. He told them the decision to which the company had come. Then armed, and to the number of two hundred or three hundred, went over to Ham Robert J. Butler said that General Butler was his attorney; that he had come to burgh shortly afterward. sett~e the matter. If the co~pany would apologize for the in ult to hi son and * * son-m-law he would do nothing more; but the whole matter was in General But I am ustained in all that I ba.ve said and more too by the record found in the ler's hands. General Butler said that, as the men would not meet him, he would "report upon the denial of elective franchise in South Carolina at the State and have no more to do with them. General Butler was asked by Rivers if h e would national elections of 1876," which wa prepared by the distinguished Senator from guarantee the safety of the town should the militia ~urrender their arm . He said Wi~>consin , Senator C.urxRON, in 1877, by order of tho United States Senate, and tllat would depend on how the men behaved themselves afterward. I commend Democrats and Republicans to read it, for it details deeds of horror This statement is confirmed byS. P. Pixley. and of bloodshed that excite the pity and sympathy of any man not heartless or While these negotiations were going on the armed body of white men in the inhuman, even living in a society de cribed by the gentleman from South Carolina, town were concentrated on the bank of the river near the Sibley building. Soon [Mr. Tillman,] as he says, where there are barbarians. !"fter they wet•e broken off firing began. Men who were in the ouildina ay that Mr. EVTis . .Allow me to c.orrect one statement. 1t was commenced by the white firing upon the building. .Adalllil gavehls orders Mr. MILLER. Wait until I get through and then you can do it. not to hoot until he direote~ them to. ~he company had very little ammunition, Mr. EVINs. I simply want to say right here, in justice to Senator BL"TLER, he and a)-1 they bad was a portion of that 1ssued to the company when it was first was not there at all. - organized. Mr. MILLER. There is no necessity for a controversy. The evidence reported . .After the firing had begun it wa returned by the militia~ and one of the attack by Senator CAMERON, of Wisconsin, shows conclusively that be was pre ent, and ill~ party, McKee Merriwether, was shot through the beaa. and instantly killed. the Charleston News and Courier .of July 10, 1876, a Democratic journal, stated .After this a piece of artillery, said to belong to the Washington Artillery of .Au po iti>ely be was present and in command. So also does the Au~ta Chronicle gusta, wa brought over from .Augusta, and four charges of canister were fired and Sentinel, a Democratic journal published just aero s the nver from Ham from it upon the armory, but without injuring any one. The persons in the armory burgh. e caped from the rear by means of ladders, and hid under floors of adjacent bnild incrs, or wherever else they could find shelter. Mr. MILLER. Mr. Speaker, in order to how that the statements I lfhe first man killed by the wWtes was James Cook, town marshal. He had then made were not garbling of the evidence, were not perversions been in the armory, but wa not a member of the company. He had gone into of the truth, were no~ falsifications of the record, I send to the Clerk's the street from the rear of the 'ibley building, and wa at once fired on and fell dead in tantly, pierced by five or six bullets. de k volume a of Senate Miscellaneous Document No. 48 of the Forty Afterward the whites began their search for the members of the company. fourth Congre s, second es ion, and I ask that the Clerk shall read They succeeded in getting about twenty-five colored men as pri oners, some of the report of the attorney:general of South Carolina to Governor whom were never members of the company. .As fast as they were captured they It were taken to a place near the South Carolina Railroad, where a large party of Chamberlain, bearing date July 12, 1876. i found on pages 4TJ, armed men stood guard over them. 474, and 475 of the document to which I refer. I do not wish to None of those thus captured had arms in their hands. take up the time of the House with having it read now, and if there Subsequently, and at about two o'clock a.m., six men took A. T. Attaway out is no objection, therefore, I will imply incorporate it as a part of my bf the " ring." He and his mother begged for his life, but in vain. H e was then told to turn round, and was then shot to death by the crowd. remarks. David Phillips was next taken out, and wa similarly killed. There was no objectiou. Pompey Curry ~as next called out. He recoanized among the bystanders He pry .Attorney-General Stone's report of the Hainburgh massacre. Getzen and Dr. Pierce Butler, and called on them to keep the other men from kill ing him. He ran, and was shot at as he ran, one bulle stiiking him in the right O FFICE OF THE ATI'OIDH~Y GElli'"ERAL, leg below the knee. Columbi-a, S. C. , July 12, 1876. .Afterward, .Albert Mynyard, Yo es Parks, and Hampton Stevens were killed. Sm: .According to your request of Monday last I ha>e visited Hamburgh for Stevens did not belong to the company. Nelder John Parker, who has been com the purpo e of ascertaining the facts connected with the killing of several men monly referred to in tlie newspaper reports as John Thomas, was corporal in the there on t.he niS"ht of the 8th of July. co:rnpany. My information has been derived chiefly from Trial-Justice Rivers, and from When he wa arrested and taken to the spot where the other pri oner were he the te timony of persons who have been examined before the coroner's jury now recognized among the party two gentlemen of Augu ta, named Twig!! and Cha.f in session, and from those who recei>ed wounds from the armed body of white fee. He appealed to them for l'rotection. They said he should not. be hurt. He men who had t.'tken them prisoners. states that, General M. C. BUTLER asked if he was one of the d--d rascals. The From this information the following facts seem to be clearly established : • reply was in the affirmative. He was then shot in the back. Me sr . Twiggs During the administration of Governor Scott a company of State militia was and Chaffee tJJ.en said if he wa-s shot again they would shoot the ones who did it. organized at Hamburgh, of which Prince Rivers was captain. This company was They took him off and had him taken to .Augusta. He was shot before Attaway known as Company .A, Ninth Regiment :rational Guard of the State of South Car was killed. He may recover from his wounds. olina. .Arms were at that time furnished to it, and some ammunition. This com One Butler Edwards was taken as a prisoner. He ays he wa taken before Gen pany, previous ro May, 1 76, had for some time but few names on its rolls, drilled eral Butler, who, at the time, was in tJJ.e street near the Sibley building. This rarely, and scarcely kept alive its organization. But in May of this year the num was about twelve o'clock. b er of members increased t{) about ei~"!Ity, and one Doc .Adams was chosen captain. Threats were made to shoot him. General Butler directed that he be taken to On the 4th of July the company dnuea on one of the public streets in the town the others. He recognized amono- the crowd one Captain Carwile and -- Dun of Hamburgh. The street on which they drilled was between one hundred and bar, of Augusta; said he had a tong talk with the former. He was among the one hundred and fifty feet wide, but it was little u ed, and was over~own with prisoners who were let loo e and told to run; as they ran they were fired at, and grass, except in that portion which was used as a carriage-ro:wl. While the com he wa shot in the head. He wa not a member of the company. pany was thus drilling, Thomas Butler and I{enry Getzen, his brother-in-law, Willis Davis, one of the members of the company, wa taken to the place where came alons in a carriage, and demanded that tJJ.e company should make way for were the other prisoners. The men stated that John Swaringen, of Edgefield them. Aaa.ms halted the company, remonstrated with Butler and Getzen for thus Coun~, had charge of the prisoners. He states that he saw General But.Jer be seeking to interfere with the company, and called their attention to the fact "that fore tne men were killed, who asked him what he was doing, and told him he there was plenty of room on each side of the company to pass. - would have enough of it before he got t.hrough. Finding them unwilling to turn out of their course, Adams finally opened ranks He was shot in the arm near the elbow, when about tw·enty paces distant from and allowed them to drive through. the orowd. The ball is still in his arm, and he sn:tfers much pam. He also states This in~ident seems to have angered Butler and Getzen, who made complaint t~t some of ~he ~onng men from Georgia. remonstrated against shooting the before Trial-Justice Rivers against the militia company for obstructing the high priSoners, but m vam. way. The trial-justice on the following day issued a warrant against Adams, a Besides the killing and woundin~ of the men herein named, the party broke open he wa the captain of the company:, and had him brouaht before him for trial. several stores and hou es, and m . some ius~ces robbea the inmates. They During the progress of the trial .Adams was arrested by the trial-justice for con took from Mr. Charles Roll, the postmaster, and a very respectable white citizen, tempt of court, and nb equently the case was continued until four o'clock Satur a gun which be had in hi store, and his private·property. From an old colored day afternoon, July 8. mttn named Jacob Samuels, in his employ, they took a wat-ch and set fire to his 1882. CONGRESSIONAL RECORD- HOUSE. 6469 hou e. They uroke open the house of Trial-Justice Rivers and did much damage, Canway, Moody Tarver, John Danish, the Haggie brothers, George Rood, James as well as t·obbed him of clothing. They obtained kerosene oil and attempted to Glover, William D 'Antig,nac. Nick Bullnoe, Pope Thomas, Daniel Hartz, Jacob . et fire to a bouse, but were prevented by Colonel A. P. Butler from doing so. Hartz, Mike Connor, Baoe Bowers, Sam Whaley, John McMeer, John Kirkpat Tb e ropes of the public wells were cut and some fences were t<>rn down. rick, and John Twiggs in manner and form aforesaid Mo es Parks there and then So far as I can learn, the primary object of the whites was to take away from feloniously did kill, against the peace and dignity of the same State aforesaid. And the militia their arms. the said jurors do further say that the aforesaid James Cook came to his death at The man Parker, who was wounded, states that on Friday, the 7th instant, be Hamburgh. in the county aforesaid, on th,e night of the 8th day of July, A. D.1876, had a long talk with one Harrison Butler, (white,) on Broad street, Augusta. by means of certain !mnshot wounds inflicted by ![liDS in the bands-()f Henry Getzen, Butler tolu him that if Rivers did not give orders for the militia. to give up their Thomas Butler, and'liarrison Butler, and thatRobcrtJ. Butler, Dr. Shaw, sr., Rev. :t.rms they would take them away on the next day. John Mealing, A. P. Butler, William Briggs, John Butler, Luther Ree e, Dunbar On SatUrday rumors were abroad in Hamburgh that there were armed parties Lamar, Pierce Butler, Clayton Matheaney, Neal Benson, George Benson, Aaron coming in to take the ![liDS, but little credit was attached to them. Tyler, Charles Coffin, Thoma Oliver, John Crofford., Robert Gardner, Charles Ker One of the white citizeus of Ham burgh beard a conversation between David na~han, Walter Matheaney-, Frank Taylor, Isaiah Marshall, George Vincent, Phillips and General Butler in the afternoon. Phillip~ talked very " big," as the .Arthur John on. Dr. Hugh Shaw, George Bunch, John Bunch, LeRoy Hammond, gentleman said, and General Butler told him that they wanted those guns and James Hammond, James Smith, John Smith, Thomas Smith, David Glover, Rob were bound to have them. ert Morgan, Cornelius Benson, John Lamar, Samuel Page, Luther Ran om, Thomas In the afternoon Colonel A P. Butler went to the various tores in t own and Plunket, Frank Kernaghan, John Oliver, Jackson Vanderver, Benjamin Vander told the proprietors that they must not sell any liquor to his men. In spite of this, ver, Pleasant Scbinall, M. C. BUTLER, Benjamin Tillman, Charles Glover, Thomas howe>er. some of the men compelled one of the storekeepers to furnish them ettles, Jo eph Merryweather, John Swearenger, Jame McKie, Toll Glover, liquor. From the same person they obtained kerosene oil to use in etting fire to George Adams, James Lanham, William Glover, John Rober, Augustus Glover, a hou e. Thomas W. Carwell, William Robertson, James Clark, Dish Rainey, John Smith, The whites were armed with guns and small-arms of various kinds, and many Garland Sneed, Joseph G. Twiggs, Robert Chafi:E~e, Kinloch Chafloo, Leopold of them had axes and hatchets. Myers, William Pemble, John Bridges, Captain Canwa.y, Moorly Tarver, Joseph It is pro~er to state that the intendent of Hamburgh, Mr. Gardner, was in· Danish, the Haggie brotbers1.-.Geor~e Hood, James Glover. William D'.Antignac, formed by General Butler, in an interview with him, that the arms of the company Nick Bulnoe, Pope Thomas, vanie1Hertz, Jacob Hertz, Mike Conner, Babe Bow must be given up. ers, Sam Whaley, John Mc:Meer, J ohnKirkpatrick, and John Twiggs were then and Trial-Justice Rivers i now holding an inque t and takin
Mr. MILLER. I also aak, Mr. Speaker, that an article published by white men; but tzhe higher intelligence and culture of the white impo es ou m the Augusta Chronicle and Sentine~ of July 9, a Democratic paper them the duty of self-reverence and self.control. When they give way to pas· sion and revenge, when they kill unarmed pri oners, they do what, a soldiers, they :published. immediately across the nver fr?m .Hamb.nrgh, be. also would not have dreamed of doing; they wrong them el>e , their State, and printed with my remarks. I refer to the edttonal artwle publlshed increase a hundredfold the difficulties and dangers of our- political and ocial t that time which I ask to print with my remarks. future.-Oharkston News and Oourier, July 10, 1876. Mr. EVINS. I object to that if it is a mere newspaper article. .Mr. MILLER. I further a Jt-- Mr. McMILLIN. I think that mere newspaper articles of that kind Mr. HAMMOND, of Georgia. I ri e to a question of order. I un ahould not be allowed to be used in such a connection. derstand it to be the duty 9f th~ Speaker of the Hou e when a gen Mr. MILLER. But this is a part of the report of the Senate com tleman is out of order to call him to order. I understand from th~ mittee and if there is objection to printing it with my remarks I gentleman's own statement that these extracts which he i · a k merely ask that it be read; it is found on pages 604 and 605 of the ing to have published are part of an effort to prove ome di reputa Senate document referred to, and I ask the Clerk to read it. ble conduct on the part of a Senator. Under such circum tance I Mr. EVINS. I do not object to that, if it is part of the record of ask, should not the Speaker call him to order f 1 ihe ca.se. The SPEAKER. The Chair does not understand the gentleman Mr. MILLER. Let it be read. from Pennsylvania to be seekins to establish anything against the Mr. HOUSE. I understand, Mr. Speaker, that there is no objec- gentleman from South Carolina m his capacity as Senator. If the 1ion to printing. Chair so understood, it would call the gentleman to order. Mr. McMILLIN. If it is contained in the Senate document, I Mr. MILLER. All this took place before he was elected Senator. withdraw my objection. · With the other extracts I also ask to have published in my remarks Mr. MILLER. It is found in this report, and I simply ask to a letter from a special correspondent of the Charleston News and print it with my remarks. Courier, furnished by the reporter of that paper, which will be There was no objection. found on pages 606 and 607 of the Senate Miscellaneous Document c. No. 48, volume 3. (From the Augusta Sentinel and Chronicle, July 9, 1876.) The SPEAKER. Is there objection to the reque t of the g ntle THIS HAS GON.E ON LONG E -oUGH. man from Pennsylvania f After waiting some time General Butler told Rivers that be must proceed. The Mr. HAMMOND, of Georgia. I object. eon stable then went to the door and called Adams, who, however, failed to answer. :Mr. MILLER. Then I ask that that be read; I ask the Clerk to n wa-s then ascertained that Adams, with bis companY', was up tbe street in a read what I have marked on pages 606 and 607 of the Senate ~fis tlefiant attitude. General Butler thereupon informed Rh-ers that this sort of cellaneous Document No. 48 of the Fonrty-fourth Congre econd -thing had gone on long enough, and that it was about time that it was put a stop 1 t.o. The negToes must ~ive UJ? their arms at once, and he would give the names session. ef twenty of the best mtizens m Edgefield as security that they would be turned The Clerk read as follows : ever to Governor Chamberlain. Rivers then asked if General Butler, in case the arms were given up, would see that the towri was protected during the night. [From the special correspondent of the Charleston News and Couriet·, Democratic.] General Butler answered in the affirmative. Rivers assured him that he would go TH.E HAMBURGH SLAUGHTER. immediately to Adams and persuade him to give up the arms. Re accordingly went to that worthy and talked with him for some time. Upon his return be told. Frightful excesses of the Edgefield Regulators-Yesterd-ay's ·reprwtsfully confirmed General Butler that the mayor, Gardner, and the officers of' the company would 'l'he particulars of the lcillin.'l of the prisoners-Their bodies mutilated and their eonfer with him at the council chamber. General Butler Mcordingly went thither houses sacked-Prince Rivers flees for his lij~ The indignation in Augusta. IUl.d had a conference wit.h the negro leaders. He told them that the arms must [Special dispatch to the News and Courier.] be aiven up· there was no necessity for them in that place and they bad no bus· ine.~s with them. As for the Adams case, Mr. Butler would b satisfied if Adams Aum:sTA, GEORGIA, July 10. -would make an apology. The account of the Hamburgh affair which appeared in the News and Courier TH.EY INTENDED TO FIGHT. this morning is so full and correct that bntlittle remains to be told. I have ~pent This conference accomplished nothing. The negroes . till hesitated about giv· the day in Hamburgh and Augusta, making diligent inquiry in every pos ible · g up the arms. In the mean time, however, a number of white ciUzens had as· direction, and the facts here given ma.y be relied upon. .aembled in the town and matters began t.o look squally. GeneralButlerrodeover The origin of the difficulty has been con-ectly given and need not be repeated to Augusta and told several young men that he might need their services in Ham. here. Doc Adams having defied the authority of Prince Rivers, in real or pre burrrh during the afternoon. He then returned to the town. Just after crossing tended fear of the armed parties who hn.d been coming in durin a the day from the bridge he was met by Pri~ce Rivers, who said he would make one more effort Edgefield and Aiken Counties to the number of about two hundre'a, took pos es to induce the negroes to give up their guns, and if they would not yield they must sion of his company's drill·room with about twenty.five men and declared his in iake the consequence. Accordingly he conferred with the officers of the com· tention of resisting to the last. General Butler ent him word that he would ~ve pany, and shortly returned to General Butler with the announcement that the ne. him a half hour to urrender his arms, and waited for about this length of time. l!l'oes aid theywouldnotgiveup their guns; theyintended to fight. In the mean No sign of yielding having appeared, fire was opened (I know not whether by General Butler' order or not) upon the building, and was retw'Ded by the be time the news of the trouble had spread in Augusta and caused much excitement. sieged. A.. large number of young men ha~tily procured arms and ammunition and has· tened to the scene. Many others waUed at the foot of the bridge anxiously await;. At the end of a half hour Merriwether, who was :firing from behind tbe bridge ing there ult. By se>en o'clock there was a large crowd at that point. pier, was killed by a shot from the windows, as already de cribed. His death ex asperated his friends to the highest degree, andJ their fire making no impression OPENING FIRE. upon the hou e, they sent to Augusta for an ola cannon, a ix·pounder, placing it Upon learning the result of Rivers's efforts General Butler determined to accom· in an exposed position within fifty yards of the house. They fired four rounds of -.,!ish by force that which could not be done by peaceable demands. The .negroes canisterJ. which drove the negroes from their stronghold, and ended all appeat· had intrenched themselves in a large brick structure known as Sibley's buililing, ance of ngh t. on a corner, and defied the whites. --rhe latter surrounded the house, and at half The chief of police (Cook) and Moses Park were killed about this time in at past seven o'clock opened fire upon it. This wa~ retw·ned by the negroes, and a. t.ampting to escape. The remainder of the party secreted them lve under ev eonstant fu illade was kept up for over two hours. eral houses in the block, which was now entirely surrounded, and in a little while all were captured, some with arms in their hands. The prisoners were marched TWJDITY·~"'l]!i'E PRISONERS. off a hundred yards and com{>elled to lie down, surrounded by their guards. They A bout twel>e o'clock general search was made throughout the town, and resulted were kept in this manner for some time, when Attaway, Dan Phillip , Albert m the finding of fifteen more negroes, making twenty·nine in all. A negro who Minion and Hamp Stevens were called out singly and shot to death on the abut attempted to escape was shot in several places and badly ~ounded. The negro ment of the wagon-bridge, and in full view of a large number of spectator . Porn· lieutenant, John Thomas,who,asstatedabove, wasshotintbeback, wa expected pey C~ , when his name was called, rose suddenly and dashed off through the to die from the wound. A youn€-: man named Morgan was accidentally shot in high r2 , escap~g with a b~et throug~ his leg. * • * * the leg by one of his comrades while pursuing a. fleeing negro. He was firing at the negro, together with others, at the time. His wound, while pai?ful, was n~t The bodies of the slain negroes were left lying where they fell. Each spot is marked ~nsidered dangerous. The negroes who were last captor d were discovered bid with blood fu.day. One or two of the bodies were mutilated with hatchets or bay away in cellars and under fioors. onets, Attaway's being one of these. One of the four negroes lived until next morning, at::d died from lo s of blood. 1\Ir. MILLER. I ask farther to publish an editorial article founcl The feeling in Augusta. among the better class is one of unqualified condemna in the same document on pages 605--6, from the Charleston 1\'ews and tion. All are agreed that the alfuir cannot be justified on any grounds. It wa the work of some of the band who had inflamed themsel>es with liquor during the Courier, dated July 10, a Democratic paper published in Charle ton, fight. South Ca.rolina. "The negroes of Hamburgh tied by score to Augusta for protection, but all are There was no objection. returning to-day. A number of' their bouse were broken into and robbed, and the furniture destroyed. Prince Rivers's bon e was sacked. Hi lo sis several hun [From the Charleston News and Courier (Democratic) of July 10, 1 76.) dred doHars. The band hunted for him to kill him al o, but he had escaped. . THE BLOODY WORK AT HAMBURGH. The feeling among the ne~oes in Hamburgb i that of terrified submis ion. All Assuming tlmt the accounts oftheR&?Dbur!?;hfight given by the Augu. ta!lews· the killed had families, witn one exception, (Moses Park,) and the grief and dis papers are in the main correct, we find little, 1f any, excuse for the conflict Itself, tre of the women and children were violent and heart-rending. and ab olutely none for the cowardly killing of tue seven negro pri oners, who Total killed: Negroes, seven; whites, one. Wounded: Ke~rroes , four; whites "'Were shot down Jike rabbits, l_o~~ after they had _surrendered. . one. General Butler is ab ent, and I baYe not been able to see him. The insolence of the negro militiaman, out of which the trouble came, could easily C. McK. 'have been punished without a. resort to ~:rms. General Butler, who a~l?~'lrs to [During the reading of the abo\e article the following colloquy ]lave been in command of the whites, aduutted that an apology by the mili~aman ·.t"f!.':ould satisfy his clients. The affront to Mr. Butler, therefore, was not the unme took place: . diate cause of the fight that followed. This wa.'! brought on b.v the demand that Mr. HAMMON'D 1 of Georgia. I ri e to a question of order. I ay 'the militiamen surrender their arms into the keeping of the whites. The presence the allu ion to a gentleman who is now a Senator is out of order. 14>f armed bodies of negroes is a menace to any community ; but we do not under Mr. MILLER. He was not a Senator when that wa written. 'litand that the dan~er was such as to justify the whites in demanding the su-rren de-r ofthe arms, or m laying siege to the bouse in which ~1~ ne~oes took refuge, The SPEAKER. The Chair did not under tand that in the former .and killing_ the negroes who attempted to escape. The killmg of se>en of the pns· remark of the gentleman from Penn yl\auia he made any reference -ener was oarbarous in the extreme. to the gentleman from South Carolina a a Senator. 'V e ha>e no words stron" enough to e1.--press our condenmation of ncb a crime. Tht>y who do such deeds sow the wind. We pray that they, and those who are ~u·. HAMMOND, of Georgia. I kno"W the truth i that what i :i:Dno ent of the Wl'ong, may not reap the whirlwind. . stated there is not the fact. But the gentleman i putting it on l.t pain us to be forced to peak in this strain of any act done in South Carolina the 1·ecord again as if it were, and to that I object as out of order. 1882. CONGRESSIONAL RECORD- HOUSE. 6471
M:r. ATHERTON. I call attention to the fact that in the very matters and attempted to administer the law with their own hands. · dirst sentence the gentleman from Pennsylvania uttered in reference While General Butler was at Hamburgh on that occasion thi riot -to this South Carolina matter he said he spoke in reference to a gen occurred. During its progress tllat day everybody apprehended that tleman who now occupied t he po itionof a Senator at the other end the most serious resnlts wonld grow out of it. These colored people ·of the Capitol. were armed with muskets and fixed ammunition given them by the The SPEAKER.. The Chair would. him elf call the gentleman authority of the State, and commenced the firing. During the day from Pennsylvania to order if he were makin~ any attack on the General Butler repeatedly, at the imminent risk of his own life, gentleman at the other end of the Capitol in his capacity a.a a Sen attempted to save the lives of these colored people, and put an end .ator; but this i a matter of history that relates to a period long to further disturbance . .anterior to the gentleman's election to the Senate. I said, when I attempted to interrupt the member from Pennsyl Mr. ATHERTON. And the whole trouble grew out of the fact vania the other day, for the purpose of correcting his statement that this had reference to something which had no connection with and I had to do it while he was speaking, for he would not stop for -the election ca e at all. me to say it in order-" that when these negroes were murdered at Several members called for the regular order. night or early next morning, General Butler was far away ; was not Mr. SPRINGER. I rise to a question of order. I make the point there at all." The evidence is overwhelming that he was not there. -of order that the gentleman from Pennsylvania is having read an He did everything that it was possible to do to prevent the horrors .article which states that General Butler led the white forces in a of that massacre. And that night when these murders occurred he certain massacre and applies that language to a Senator when it was six miles away at the house of Colonel Robert Butler, the gen has been distinctly shown the General Butler there mentioned was tleman whose son he had defended that day. He went there with not the gentleman who is now the Senator at all. out any apprehension that anything further would be done. 1\Ir. REED. That is not a point of order. I shall ask to publish as a part of my remarks the statement of Mr. SPRINGER. The gentleman from Penru ylvania is now using General Butler himself, under oath, in regard to this matter. While that extract for the purpose of applying it to a. Senat.or of the United the member from Pennsylvania was quoting the testimony of these States, and I submit it is a violation of every rnle of propriety and wild, unlettered negroes, given to this committee, exaggerated in ·Of parliamentary decorum as between the two bodies. every possible form, many of them giving testimony who were not Mr. B CK.NER. I 1ise to ask the gentleman from Pennsylvania there at all, he had not the manliness to give the distinguished Sen to state what connection the Hamburgh matter had with the elec ator the benefit of his own statement. Yet the gentleman talks tion case of Tillman and Smalls f about dealing fairly and candidly in this matter. Mr. REED. That is not a point of order. :Mr. KASSON. I ask that leave be granted to the gentleman to The SPEAKER. The Chair directs the Clerk to continue the read print General Butler's statement. dug. Mr. BURROWS, of Michigan. Of course there is no objection to The Clerk concluded the reading of the article.] that. Mr. MILLER. :Mr. Speaker, I do not make a word of comment Mr. KASSON. I want it to go upon record that there is no objec- -on this terrible record of crime. Had not the Senator from South tion. · •Carolina charged me with" garbling the evidence," "perversion of Many MEMBER • No objection! the truth," and "falsification of the record," I conld not have been Mr. EVINS. I say what I know, and I say it with feeling, that ' induced to unfold this story of wrong. The testimony which I have there is no man on this continent wl:w has been so outrageously Jeferred to was collated by a Senate committee composed of Sen slandered and libeled as the distinguished Senator from South Car .ators ANGUS CA IERON, I. P. Christiancy, and A. S. 1\Ierrimon, the olina. He is too brave and too self-reliant to feel it incumbent on :Same having been taken under a Senate resolution of December 5, him to hunt up the slanderers wherever they have cho en to raise 1876. To so much of his unparliamentary remarks as is personal to their heads against him. He has gone forward irrespective of them, ·me I wonld not if I conld reply in kind. I was early taught that a trusting to time and to the justice of his fellow-citizens to vindicate .gentleman is as choice of language in a parliamentary body as in his character from such foul aspersions, and lle is willing to leave it the social circle. The languaae used by the Senator from South there still. Carolina on July 21st only emphasizes the necessity of such ethics. Mr. Speaker, I think that I have said all that i nece sary or To imitate his language wonld be distasteful to me1 a breach of the proper for me to say. decorum .of thi Hou e, and an affront to the intelligent, courteous, Mr. BROWNE. Then I call for the regular order. .and well-bred people, irrespective of party, of the district which I Mr. EVINS. One moment; I have not yielded the floor. I want have the honor to represent on this floor. to correct one statement ma-de by the member from Pennsylvania Such conduct on my part would forfeit the confidence and esteem when he asserted, as I understood him, that this report was the -of my partisan friends and the respect of the orderly Democracy unanimous report of that committee. -of the twenty-sixth Pennsylvania district. If such a civilization :Mr. MILLER. I did not say it was the united report of the com -does not exist in South Carolina to-day I most sincerely regret it. mittee. I said that the report would be found in the miscellaneous If it does, then I remand the vaporing Senator to it, trusting and document which I had indicated in my remarks, which document believing that his remarks will receive the condemnation they merit contains testimony taken by three Senators whom I named. from the descendants of a chivalrous ancestry, not forgetfnl of Ad Mr. EVINS. I understood him to say that these members of the dison's truism, that'' Title and ancestry render a good man illus Senate who made this investigation agreed to this report. trious, but an ill one contemptible." Mr. BURROWS, of Michigan. No; he did" not say that. Mr. EVINS. I ask the indnlgence of the Houseforaveryfewmo The following is the testimony given by General Butler before the ment . The distinguished Senator from South Carolina is fully able Senate committee. to take care of him elf; but I think, a his colleague, something is .Answer. I am very happy, indeed, to have the opportunity to do so. There has -due from me upon the present occasion. been so much said about it, so many misstatements have been made, so much bit Mr. Speaker, Idonot envyanymanwhosehyena-likeinstinctslead terness exhibited by the partisan newspapers, that I am very hap:py in ba.ving an him to revel amid the putrid bones of the past. The member from opportunity to be able to put upon record,. before a tribunal of this kind, my t~s Pennsylvania traveled out of his way in the speech he made in the timony under oath, in reference to it. The first knowledge I had of the Hamburgh matter was communicated to me by election case the other day to make a most unwarrantable and un Colonel Thomas P. Shaw, at Edgefield Court-House. This difficulty occurred on justifiable attack upon a Senator at the other end of the Capitol. Saturday the 8th of July. On Friday evening. the 7th of Jnlv. Colonel Shaw, with He wa.a not content with simply reciting the testimony in regard to his brother, the R~v. William Shaw, came toEd~efieldCouri-Houseto confer with the massacre at Hamburgh, which occurred years ago, and had noth me upon some professional business, together With .Mr. Norris and Mr. .Addison, which business, I presume, it is unnecessary to mention. .A.t any rate, they came ing whatever to do with the issue before the House, but he went upon professional business with me. .After getting through with the business in <>ut of his way to impugn the motives with which that distinguished Mr. Norris's office, Colonel Shaw said to me that Mr. Robert J. Butler desired me gentleman went to Hamburgh on that occasion. to be in Hamburgh at four o'clock the next evening, to represent himself and his Now, sir, what right has ~he member from Pennsylvania to sit in son-in-law in a trial there. Q. I will a k you right here if you are any relation to Robert J. Butler who sent judgment on the motives of anybody 'I He has referred to the Dem for you on that occasion~ ocracy of his own district. I have no doubt the Democracy as well .A. None at all. . ..as the Republicans of his own district know very well what estimate Q . .Are you any relation to .A. P. Butler, who has been examined here to-dayY to put on what he may say here or elsewhere. .A.. None at all. Q. He belongs to a different family entirely ~ The facts about this matter-! do not intend to go into them at .A. Yes; Colonel Shaw even went so far a~ to say that .Mr. Butler mentioned the .all-prove that General Butler in pursuance of a professional en fee of $25. He said that if I would come down there the following day he would gagement went to Hamburgh to defend a gentleman of hi~ own name pay me $25. I said to Colonel Shaw that he might say to Mr. Butler that aa at him. pre ent advised I should go if! could get any conve ance, as the time for the train hut not related to had already passed. Well, I did succeed, about nine o'clock the next morning, in The conditi
me tbat there was no limit to tile statements that they made when they felt called I wouldli_ke to. ee him. ' He s!ill- at there :with his feet U:p?D the faci~g of the upon to malign and traduce my character; and I think it would be a very great door~annm~him elf very offensively. He srud, "~o . " I srud, "Will you go and hm·dship if I in vindicating myself should be restricted to the rules of evidence. see him, ana tell him that I have come to have tlri matter investi~a.ted 1 '' He Mr. CAMERON. It has been our endeavo from the beginning to restrict them saiu, "No, I am not going to do any. uc)l t.hing;" and then I did lose my patience within the rules of evidence. Sometimes witnesses have departed from that rule an~ my tempe1· both, and spoke to him m amanner'verymnch more gra~hic than and made statements before we could stop tbem, but it has been the endeavor of polite. I t()]d him togetoutofthatchairandgiveittome. Resaid "No" there the committee to hold every witness as nearly as possible to the rules of evidence. was a chair for lawyers. I said, "No, sir, I want tlris one and I hi tend 'to have The WITNESS. If that has been your purpose, I must say that it seems to me that it." After a w~? be got up and said, "You can shoot me." I said, "No, I have the committee has failed most consummately in doing it, because I have read Dr. no such purpose. I then walked out and went and got in the buggy again, and Adams's testimony, and he has stated what he has heard, and the messages that I Mr. Butler.then said to me," There is General Rivers's private secretary,'' I think ent and the messages that he sent. I imply say this in justice to myself. h~ call~ him-a ~lack man by _the name of.Edwards-" and if you will speak to Mr. CA:r.IERO:S. That was in tb,.e matter of the negotiations that were carried on. him I think he will got() see R1ver ." I sa1d, "No, I am notgoingtodoany such The WIT:SESS. No, sir; however, I do not propose to argue that point with the ~bing; I do not propose to speak to him again, because I do not propose to be committee. I will simply state, then, that I do not want to transgress any of the msulted. You can do so if you choose," and be did speak to him. He went off rules, and I shall not do it if I know it. I think it my duty, however, to say that I and "I?~nght Rivers. I got out of the buggy again and went into the office. Just have nothing whatever to conceal about this matter, and I would like that fact to at this JUncture I want to make another statement in connection with that. ~o upon record. I want the entire statement brought forth, if it can be. I want it After I bad been there about an hour I saw tl1at the e people meant mischief, m all its deformities, if there are any. I want the truth, and nothing but the truth. as I thought. I could see no occasion for this demon tration or insubordination It did occur to me in looking over the evidence that great latitude had been given on their part, and thinking that lawlessness miaht prevail, I sent across the river the e people in maligning my chara-cter. which was. I thought, unjnstifiabfe. T for a reporter of the Chronicle ancl Sentinel ne~paper. When be came I invited simply state this,-tbat I heard on the highway that the rumor had been circulated bimintotheoffice. "Kow," said Ito him, "I wantg;ou to take down exactly in the country that these two young men were to be mobbed by the negroes. The :Rf:e;·~~ss~~=-re. I have nothing to conpas hour on both side . Thewhiteswhowere firing were on thatside, and! remaine
grand jury; and my information was that the judge continued the ca.'!es upon his l\IE AGE FROM THE SE~ATE. -own motion. It has been alleged by a man by tlie name of Albert Carroll, who li>es at .Aiken, that the rea on that the case was not tried was that the court was A messaO'e from the Senate, by Mr. SYMPSON, one of their clerks, intimidated. announced that the Senate had agreed to the following resolution: Q. Both those statements are on information merely7 Resolved, That the Senate agree to the report of the committee of conference on the A. No, sir; one of the witnesses (Carroll) who has testified here has testified disagreeing votes of the two Houses on the amendments of the Senate to the bill (H. that they went down there and intimidated the court with arms, and all that sort R. No. 6242) making appropriations for the construction, repairs, and pre ervation ~f thing. I was entirely ignorant of any purpose to intimidate anybody. There of certain works on rivers and harbors; and the Senate by unanimous consent fur was ei~hty of us included in this warrant, and I suppose they may have had a :party of their friends with them, but I don't think there was at the outside one ther a_greed to strike out in line 19, page 3 of the aid bill, the word "ten" when it hundred and fifty white men who accompanied them in Aiken. If there was any occurs after the word "improvement," and insert the word "fifteen; " and further disposition to intimidate any one, I did not see it. The men had to come with their agree to disagree to amendment No. 5 to said bill, and that the bill be enrolled ac- wagons, some of them thirty mHes and they brought their supplies with them and cordingly. • .camped out and did not appear in t;he1 town, but remained out two or three miles. th?;::.ed, That the concurrence of the House of Repre entatives be requested Some of them did not come in at all~ and everything was very quiet in Aiken. I, through my lawyers, demandeu to have this case referred to the grand jury :Z...~C.A.RAUGUA CANAL. for the purpose ofha•ing an investigation, but it was denied me, and has been per Mr. KASSON. l\Ir. Speaker, I insi ted yesterday on a limitatwn sistently denied me since. The court is now in session, and I am informed th~~ot no bill has been given out; and I have never had an opportunity to have an investi of ten days upon the time allowed my colleague on the Committee gation. I have demanded of Governor Chamberlain that he proceed to have an in on Foreign Affairs [Mr. BLOUNT] to submit the views of the min vestigation, but it has been denied; for what purpose, I do not know. He is ority of that committee upon the bill to incorporate the Nicarangua oChar,ged with the execution of the laws of the State, and he has declined to do it. Canal company. In conversation with him since, I have learned If I am the red·handed ruffian and bloodhound that I am accused of being, either 'O his ~overnment is imbecile and utterly worthless or I should have been put in the that he is likely to be occupied a not to be able to finish there pemt.entiary long before this. There is no escape from that dilemma. I have not port within that time. I therefore ask that it may be extended to ~nly asked for this investigation, but I have demanded it again and again. sixty days. Q. I ask yon whether, under the law of this State, ~ one charged with willful The SPEAKER. The Chair hears no objection to extending the murder is entitled to bail 7 A.. No, sir; he is not. time to sixty days from ye terday; and leave will be granted ac cordingly. By Mr. MKRRIMON: E:::O.""ROLLED BILLS IG:Z...'"ED. Q. I notice that lour State constitution says that the L egislature shall provide ifor a registration o the voter. , of the electors of th~State, and the provision seems Mr. ALDRICH, from the Committee on Enrolled Bills, reported to be peremptory. Has any law been passed since the present constitution went into effect on the subjecti that the committee had examined and found truly enrolled bills of A. Not within my knowledge. I can state in that connection that there has the following titles; when the Speaker signed the same: never, I think, been an assemblage of a Democratic convention in the Stat.e since A bill (S. No. 469) to provide for the sale of certain Kickapoo In that time that has not urged upon the Legislature the enactment of a registration dian lands in Kansas ; law in obedience to what is considered to be a mandatory provision of the consti tution. A bill (S. No. 679) for the relief of,Villiam A. Gavett; Q. Witnes es ha•e been repeatedly asked in the course of this examination A bill (S. No. 698) relating to land in Colorado lately occupied by whether or not yon have talked \vith them. I ask yon whether you have rendered the Uncompahgre and White River Ute Indians; and the minority of the committee any a sistance, and, if you say yes, under what cir- A bill (S. No. 114) to amend section 2133 of the Revi ed Statutes oCum. tances! · A. I have dono all that I could to assist the minority of this committ-ee, at its in relation to Indian trader . · · l'eqnest. You reqne tetl. me, or ome gentleman in the Statewhowasfamiliarwith ORDER OF BU U\""E 8. it. to come here representing that you were a stranger, which we all knew, and unfamiliar with the history of the la t year, and the people of the State, and I ]')lr, ]')fAGTh'l\"'IS. Mr. Speaker, I ask unanimous con ent to take :responded to that reque t; and I have been in attendance here since last Tuesday up for pa age a bill tore ·tore the Fort Benton military reservation to give you what a sistance in that respect I could, at some very considerable to the public domain. inconvenience to me. Q. I ask you whether you have suggested to any witness any statement that he Mr. PARKER. I a k unanimous consent to have taken from the did not voluntarily- make ' Speaker's table and read the joint re olution authorizing the build A. I have not. I have merely attempted to get at the substance of what t.hey ing of a bridge acros the Saint Lawrence. It has been pa sed by were going to state with a view of facilitating your investigation. I have under the Senate and ha-s received a favorable recommendation from the stood that Mr. Corbin and other gentlemen have been aiding the majority of the oommittee in that way, and I have done so for the minority, at very con iderable committee of this Hou e. It consists of only two p~ges. personal inconvenience, too. Mr. HOLMAN. I call for the regular order. l\Ir. PARKER. I tru t the gentleman will withdraw that call. I lly Mr. CHRISTIANCY: Q. There is one point to which I wish to call the attention of General Butler in have not taken much of the time of the House. ~rder to give him a chance for explanation. It is a question of law and was not 1\lATERIALS FOR THE COXSTRUCTION OF VESSELS. a proper thing to go into the evidence, but inasmuch as you have already stated it I want to give you a chance to modify your statement if you desire to do so. I see The SPEAKER. The regular order being called for, the Ron e that your constitution provides that all persons shall before conviction be bll.ilable now resumes, under the special rule, the consideration of the bill ~n stifficient ecurities, except in case of murder when the proof is conclusive or (H. R. No. 3902) permjtting the use of domestic material in the con !!i~?~!~~de~~~JJe:!·~~il~hl~ 'here might be many cases where per ons charged • struction of steam and sailing vessels for foreign account. The A. Oh, certainly, on the charge of mw·der. morning hour under the new rule begins at two minutes before twelve Mr. MERRIMON. You notice I used the words "willful murder." The Winm s. There are many instances where parties have been charged with o'clock. The pending question is on the motion of the ~entlema.n murder and been entitled to bail ; but if upon an in•estigation of the matter the from Pennsylvania [Mr. KELLEY] to refer the bill antL peniling judge decides that it is murder, then, as a matter of course, under the provisions amendment to the Committee on Ways and Means. ~f tht~ constitution the person would not be bailable. If it should appear upon an l'lir. TUCKER. I move to amend the motion of the gentleman investigation before the judge that it was mm·tlt:r, of course under the provision of the constitution he would not be entitled to bali. from Pennsylvania. by adding the instructions which I end to the desk. By Mr. CHRIBTJANCY: • Mr. HASKELL. On that motion I make a point of order. Q. The point which I refer to you havo not reached. Take a ca e whero it is murder or nothing, if you please, if you can imagine a. ca e of that kind; if the The SPEAKER. The gentleman from Vir!!inia [l\Ir. TUCKER] judge should be of the opinion that the endence was weak and that it was a case moves to amend the motion of the.gentlemau from Pennsylvania so that needed investigation, he could take bail 'I a-s to refer with the in tructions which the Clerk will read. A. Oh, certainly ; it ha been done time and again. The Clerk read as follows : Q. Jt. is only where the proof is evident that tile prisoner is not bailable? A.. Yes, ir. ' · With instructions to report a bill which shall allow, under proper re!!ulations, a drawback or rebateeqnal to the whole amount of duties paid or chJ\rgeable thereon lly Mr. hlERRThiON: on any and all imported materials which shall be nsed in th con. truction and Q. You spoke of persons coming to ;von; I wanted t{) ask yon at the time if it equipment of any steam or sail ves. el constructed and equipped witllin the United was difficult for you to move about from place to place ; and, if so, specify any States for any citizen of the United tates or for any forei~n citizen or ubject: treason for it. Provided, That the same ball not apply to any such >es er to be engaged in the A.. I have got but one leg, and go on crutches now. I do find great difficulty in coastwise commerce of the United States. getting up and down the steps. Q. I meant in that riot 7 Mr. KASSON. Does not the gentleman intend to in ert ''or in A. I wa wearing my artificial leg at that time ; but of course it is difficult for ternal" after the word" coa twise 'I" me to get about. I was not going on crutches then. ]')fr. HASKELL. I have re erved a point of order on the motion Mr. CALKINS. I rise to a question of privilege. In a speech in of the gentleman from Virginia. The motion to refer, made by the this House on the 21st instant, I used this language : gentleman from Pennsylvania, is a motion nuder Rule XVI, clause 4. The uext case is that of Smith against Robertson, from the State of Louisiana. A motion to refer or recommit with in truction comes under a spe In that ca e the committee was pre ented with hundreds of affidavits which tended cial rule, and is to be moved ju t before or just after tho pre,ious .to show a state of things in that district which, if true, and could have been shown quseti.on. The motion made by the gentleman from Penn ylvania l>y competent testimony, would, to say the least of it, have made a serious contest was made at a stage of the busine which compelled it to be made for that seat. under Rule XVI, clan e 4, and. a motion to add instructions is not in The gentleman from Louisiana [Mr. RoBERTSON] has c:;tlled my order now. attention to the fact (and I agree with his statement) that this Mr. CARLISLE. Before the adoption of the new rule provhling language is inaccurate. I should have stated that the committee for a motion to commit with instructions it wa alwa,r in order was pre ented with a record and testimony and affidavits compris after the second reading of a bill to move to recommit with or with ing one hundred pages or more, which if true would have made a out in tructions. Tile effect of the new rule was simply to extend ·serious contest. I make this statement so that the language may that privilege so that it would be in order to move to I'ecommit with be accurate and just toward tlie gentleman from Louisiana. or without in truction after the prenous que tion had been called 1882. CONGRESSIONAL RECORD-HOUSE. 6475
or ordered. The new rule did not at all re trict the pre-existing Lord, Pound, Skinner, Van Horn privilege, but was, as I have just said, an enlargement of the ri~ht Lynch, Ranney, Smalls, Van Voorhl , McClure, Ray, Smith, A. Herr Wadsworth. of members in this respect, so that this motion might be made after McKinley, Rice, William W. Smith, Dietrich C. Wait, the calling or ordering of the previous question as well as before. Miller, Rich, Spaulding, Walker, Now, I submit to the gentleman from Kansas that it has never been Moore, ltichardson, D. P. Spooner, Ward, . the rule in ·this House, or, so far as my experience goes in any other Morey, Robeson, Strait, Washburn, Norcross, Robinson, Geo. D. Taylor, Watson, legislative assembly, that you could not move to amend a motion to O'Neill, Robinson, James S. Townsend, Amos Webber, refer by adding thereto instructions. Parker, Russell, Tyler, White, The Speaker has held, perhaps properly under the new rnle, after Payson, Ryan, !J_pdegraff, J. T. Williams, Cha-s. G. the previous question has been demanded or ordered by the House Peelle, Shallen berger , Updegraff, Thomas Willits, Peirc-e, Sherwin, Valentine, Wilson, it is not in order to move to amend the instructions. But that ·is Pettibone, Shultz, Van Aernam, Young. after the previous question has been ordered. The SPEAKER. On the passage of the bill. NOT VOTING-109. Mr. CARLISLE. Yes; on the passage of the bill. Aiken, Denster, Hoge, Phister, :Mr. ROBINSON, of Massa-chusetts. That was the ruling in the la t Atherton, Dezendorf. Hubbell, Randall, Barr, Dingley, Hubbs, Reed, Congress. Beach, Dunn, Humphrey, Rice, John B. Mr. CARLISLE. So it was. Belmont, Dunnell, Hutchins, Ross, Mr. TUCKER. On the suggestion of my friend from Iowa [Mr. Beltzhoover, Dwight, Jones, Phineas Scal~~J KAssoN] I modify the instructions by addin~ after the word" coast Bingh..'l>m, Ellis, Jorgensen, Scoville, Bisbee, Farwell, Chas. B. Joyce, Scranton, wise" the words" or internal." He thinks1t will make it clearer. Black, Flower. Ladd, Shackelford, Mr. HASKELL. I desire to say in answer to the gentleman from Bland, Ford, Lindsey, Snrith, J. Hyatt Kentucky that I understand very well under the old rnle and the Bliss, Forney, Lowe, Sparks, general practice a motion to refer with instructions was in order, but Bowman, Frost, Mackey, Speer, Bragg, Geddes Marsh, Stephens, under the new rule there is no provision made whatever for instruc Brewer, George, Mason. Stone, tions, except just before or just after the previous question. The Burrows, Jos. H. Gibson, McCoid, Talbott, Speaker has ruled on that point two or three times within a month. Camp Grout, McCook, Thomas, The Speaker when a-sked whether he would entertain the motion Cassidy, Guenther, McLane, Thompson, Wm. G. Clardy, Hall, :Miles, Urner, with instructions has said he would when the proper time came. Clark, Hammond, John Money, Vance, What was the proper time' As designated by the present Speaker, Cobb, Hardenbergh, Mo ~ove, West, it is when the previous question was pending or had been ordered. Converse, Harmer, Mulurow, Willis I insist, under that ruling as it stands to-day, under the corrected Cook, Haseltine, Murch, Wise, 'George D. Cornell, Heilman, Keal, version of the rule, there i no provision made for instructions ex Crapo, Hepburn, Kolan, ;!!~ ~~rlf~!· cept pending the previous question. Crowley, Herbert, Orth, Wood, w:rter A. :Mr. CARLISLE. The gentleman from Kansas is of opinion the Curtin, Herndon, Pacheco, new rule, instead of an enlargement, is a restriction. Davidson, Hewitt, G. W. Paul, Mr. HASKELL. Yes; to that extent it is. Davis, Lowndes H. Hiscock, Phelp. The SPEAKER. The Chail' does not remember to have pas edon So the amendment was not agreed to. the precise question here involved. The parliamentary practice has The following pairs were announced : been to permit an amendment to a motion to refer or commit, or re Mr. LOWE with Mr. HERXDON. commit, which is substantially the same thing. That, in the opin Mr. JONES, of New Jersey, with 1\1r. HERBERT. ioll. of the Chair, is limited to one motion without amendment, under Mr. HEILMAN with 1\Ir. BLA"XD. the new rule, after the previous question has been ordered on the 1\1r. McCorD with Mr. CLARK. passage of a bill or joint resolution. In that case the Chair thinks "Mr. LTh'DSEYwithMr. LADD . . a fair interpretation of the rule limits it to a single motion, and 1\Ir. HUMPHREY with 1\fr. BRAGG. therefore, for that reason, an amendment cannot be made because Mr. HALL with 1\fr·. WI E of Pennsylvania. the House is operating under the previous question, and the operation Mr. SKINNER with Mr. FLOWER. of the previous q uestwn is to bring the House to a vote on the main Mr. HUBBS with Mr. SHACKELFORD. question at the earliest practical moment. The Chair thinks, under a Mr. BARR with :Mr. DAVIDSON. strict constl'Uction, after the previous question has been called or Mr. STOl'l~ with Mr. HEWITT of Alabama. ordered, it ca.n only allow a motion to commit, but no amendment to Mr. Dum.~LL with Mr. DUGRO. it, and this it has so held. 1\1r. YOUNG 'vith 1\1r. CLARDY. But that does not apply to this case, as the previous qliestion has Mr. BOWJ\IAN with Mr. SPARKS. not been demanded, and parliamentary pra-ctice would admit of an Mr. GROUT with Mr. TALBOTT. amendment to this motion to refer; and therefore the Chair holds Mr. THOl1PSON, of Iowa, with Mr. COOK. th~ motion of the gentleman from Virginia [.Mr. TuCKER] to amend Mr. SCRANTON with Mr. BEACH. the motion to refer with instructions to be in order. Mr. CORNELL with Mr. Ross. Mr. KELLEY. I hope it will be voted down. Mr. BREWER with 1\!r. HOGE. Mr. TUCKER. I demand the yeas and nays on my amendment to Mr. CURTIN with Mr. THOMA . commit with instructions. Mr. RYAN with Mr. LEFEVRE. The yeas and nays were ordered. 1\!r. HUBBELL with 1\!r. WILLIS. The question was taken ; and _there were-yeas 84, nays 96, not Mr. DEZENDORF with Mr. \VISE of Virginia. . voting 109; as follows: . Mr. HARMER with 1\-Ir. ELLIS. YEAS-84. Mr. HAMMoND, of New York, with Mr. PHIBTER. Armfield, Dibrell, King, Richardson, Jno. S. 1\!r. GEDDES with Mr. NEAL. · Atkins, Dowd, Klotz, Ritchie, :Barbour, Dugro, Knott, Robertson, :Mr. 0RTH with Mr. MARTIK. :Belford, Ermentrout, Latham, Robinson, Wm. E. Mr. BELFORD with 1\lr. COVlliGTOX. Berry, Evins, Leedom, Rosecrans, 1\fr. CRAPO with Mr. CONVERSE. :Blackburn, Fulkerson, LeFevre, Simonton, Mr. GUENTHER with 1\lr. DEUSTER. :Blanchard, Garrison, ~g , Singleton, Ja . W. Blount, Gunter, Singleton, Otho R. Mr. WEST with Mr. Fon~~Y. :Buehanan, Hammond, N.J. Mat-sox{. Springer, · 1\!r. BINGHAM with 1\lr. HUTCHL.~ • :Buckner, Hardy, McKenzie, · Steele, Mr. MCLA1\~ with Mr. URNER. Cabell, Harris, Henry , . McMillin, St{)ckslager, Mr. HEPBURN with Mr. AIKEK. Caldwell, Hatch, Mills Thomp on, P. B. Carlisle, Hewitt, AbramS. Morrison, Town bend, R. W. 1\lr. MASON with Mr. MONEY. Chapman, Hobliv.t.ell, Morse, Tucker, 1\lr. FAUWELL, oflllinois, with Mr. SCALE Clement, Holman, Moulton, Turner, Henry G. Mr. DWIGHT >vith Mr. VANCE. Coler:ick, Hooker, Mutchler, Turner, 0 car 1\!r. NEAL. I am paired with Mr. GEDDES, my colleague, but re Covimrton, Honse, Oares, Upson, -Cox, f:iamuel S. Jones, George W. Page, Warner, served the right to yote if necessary to Dillke a quorum. - . - - 6476 CONGRESSIONAL RECORD-HOUSE. JULY 25!' The que tion was taken; and there "\\·.. ere-yeas 100, nays 71, not The message further announced that the Senate had t>assed with votiug 118; as follows : out amendment a bill of the Hou e of the following title: YEAS-100. A bill (H. R. No. 2374) granting to certain parties right of way .Aldrich, Errett, Morey, Skinner, over lands and waters of the United State . Anderson, Farwell, Sewell S. Norcross, Smalls, :Bayne. Fisher, O'Neill, mith, .A. Herr HEIR OF THOl\IAS TOBY. :Belford, George, Page, Smith, Dietrich C. The SPEAKER. The regular order is the call of committees nuder :Bisbee, Godshalk, Parker, Spaulding, Briggs, Harris, Benj. W. Payson, Speer, the special rule. Browne, Ha eltine, Peelle, Spooner, The Committee on Appropriations was called, but did not pre ent Bl'Q.IIllll, Haskell, Peirce, teele, any measure for action. Buck, Hazelton, Pettibone, Stone, The Committee on the Judiciary was next called. Burrows, Julius C. Henderson, Pound, Strait, Butterworth, Hill, Prescott, Taylor, Mr. CULBERSON. I am instructed by the Committe on the Juili Calkins, Horr, Ranney, Townsend, Amos ciary to call up the bill ( . No. 543) now on the Speaker' table and Campbell, Honk, Ray, Tyler, to ask that it be put upon it passage. Candler, Jacobs, Rice, Theron M. Updegraff, J. T. The bill was read, as follows : Carpenter, Jadwin, Rice, William W. Valentine, Caswell, Kas on, Rich, VanAernam, Be it enacted., cl:c., That the Secretary of the Treasury b , and he is her by, Chace, Kelley, :Ritchie, Van Horn, directed to pay, out of any money in the Treasury not otherwi e appropriated, to Crowley, Ketcham, Robeson, Van Voorhis, the heirs of Thomas Toby, deceased, of the city of Kew Orleans, in the State of Cullen, Lewis, Robinson, Geo. D. Walker, Louisiana, the sum of $45,000 in compliance with the joint resolution of the Legis Cutts, L01·d, Robinson, Jas. S. Ward, lature of the State of Texas, approved March 30, 1881, making :provi ion for the Davis, George R. Lynch, Russell, Watson, settlement of Thomas Toby's claim: P.ro1Jided, That the said hell's shall file with Dawes, McClure, Ryan, Webber, tho Secretary of the Treasury a duly certified copy of the said joint resolution and Deering, McKinley, Shallenberger, "Williams, Chas. G. a full and complete release unto the State of T exas and to the United tates of De Motte, Miller, Sherwin, Willit, and for all claims whatever of their ancestor against Texas and the United State • Dingley, Moore, Shultz, Young. The SPEAKER. Is there objection to the present consideration NAYS-71. of thi bill f Atkins, Culberson, Jones, James K. Robert on, . Mr. BURROWS, of Michigan. I wish to inquire if the bill has :Belmont, Dibrell, KKin~~a, Robin on, Wm. E. been acted upon bv the House committee Berry, Dowd, u Rosecrans, :Blackburn, Dunn, Klo£;;, imonton, :Mr. CULBERSON. Yes; and it is unanimously reported. Blanchard, Ermentront, Knott, Sin~leton , Otho R. Mr. BURROWS, of Michigan. Would it be proper lo a k for & Buchanan, Evins, Latham, Sprmger, reading of the report before objections are called for · Buckner, Flower, Leedom, Stockslager The SPEAKER. Kot except by unanimous con ent. Cabell, Garrison, Le Fevre, Thompson, P. B. Mr. KASSON. I ask unanimous consent. Caldwell, Gunter, *~rtin~g, Townshend, R. W. Carlisle, Hammond, ~. J...... , Tucker, Mr. BURROWS, of Michigian. I would like to know something of Cassidy, Hardy, Matson, Turner, Henry G. the character of the claim. Chapman, Hnrn , Henry S. McMillin Turner, Oscar Th~ SPEAKER. Under the rule the report is read as a part of the Clements, Hatch, Mills ' U pdegraft~ Thomas Colerick, Hewitt, Abram S. Morrison, Upson, consideration of the measureifit does not take more than five minute • Covin!!ton, Hoblitz.ell, Morse, Wellborn, Is there objection to the reading of the report, the right to object Cox, S'amnel S. Holman, Mutchler, Whitthorne, being reserved T The Chair hears no objection. Cox, William R. House, Oates, Williams, Thomas The Clerk proceeded for five minutes to read the report. Cravens, Hutchins, Reagan, Mr. BURROWS, of Michigan. I notice the report is very lengthy ~ NOT VOTING-118. and as the hour has expired, I rise to inquire if the report can be Aiken, Dezendorf, Jones, Phineas Richardson, D . P. printed in the RECORD, the right of objection being re erved Armfield, Dugro, Jorgensen, Richardson, Jno. S. The SPEAKER. . The ri(J'ht of objection will be reserved. Atherton, Dunnell, Joyce, Ross, Barbour, Dwight, Laoo_y, Scales, Mr. BURROWS, of Michigan. .A.nd I ask that the report be printe1l Barr, Ellis, Ladd, Scoville, in the RECORD. Beach, Farwell, Cha-s. B. Lindsey, Scranton, The SPEAKER. In the au ence of objection the report will be Beltzhoover, Ford, Lowe, Shackelford, printed in the REcoRD. The morning hour has expired. .Bingham, Forney, Ma{lkey, Sin~leton, Jas. W . Blaek, Fro t, Marsh, Sm1th, J. Hyatt l\Ir. CULBERSON. I de ire to know what is the tatus of this bill. BL'md, Fulkerson, Mason. Sparks The SPEAKER. It goe over as unfinished busine s until to-mor Bliss, Geddes, McCoid, Stephens, row, subject to objection on being called up. Blount, Gibson, McCook, Talbott, Bowman, Grout, McKenzie, Thomas, The report is as follows: Bragg, Guenther, McLane, Thompson, Wm. G. The Committee on the Judiciary, to whom was referred the bill (H. R. Xo. 1G60 ) Brewer, Hall, Miles, Urner, for the relief of the heirs of Thomas Toby, have considered the arne, and make Burrows, Jos. H. Hammond, John Money, Vance, the followin~ report: Camp, Hardenbergh, Mos~ove, Wadsworth, The comiD.lttee believe that thi claim is a just and meritorious demand again t Cannon, Harmer, Moruton, Wait, the State of Texa~, and properly payable out of the funds appropriated and et Clardy, Heilman, Muldrow, Warner, apart by Congre s under the provi 1ons of the act entitled ".An act to provide for Clark, Hepburn, Murch, Washburn, the payment of such creditors of the late Republic of Texas as are comprehended Cobb, Herbert, Neal, West, in the act of Congress approved February 28, 1855." Conver e, Herndon ~ oland, White, The validity and merit of this claim are supported by the highest endence, a. Cook, HewittJ G. W. Orth, Willis, portion of which the committee deem it proper to submit herewith. Cornell, Hi cocK, Pacheco, Wilson Thomas Toby, now deceased, wa a citizen of :r ew Orleans durincr the years. Crapo, Hoe;e, Paul, Wise, George D . 1836, 1837, and 1838, and was a merchant of lar~ means. H e espouse'd. the cau e Curtin Hooker, Phelps, Wise, Mor~an R. of Texas in the war of the revolution between ·.1:exa and Mexico, and this claim Darrall, Hubbell, Phister, W ooa., :Bell.) amiD upon Texas is for money loaned and advance made by him in npplies and mu Davidson, Hubbs, Randall, Wood, Walter A. rutions of war to Texas upon request of and in pursuance of negotiations with the· Davis, Lowndes H. Humphrey, Reed, authorities of that republic. Denster, Jones, George W. Rice, John B. In support of the validity and justness of the claim, tho committee n fer to the followin~ docnmen ta.ry evidence, the originals of which are now on file in tb e office So the motion to refer was agreed to. of the comptroller of public accounts of the State of Texas : The following additional pairs were announced: [Senate Journals, Seventeenth Legislature, page 61.] :Mr. WHITE with Mr. McKENZIE. DEP.A.RTME..~TOF STATE, lli. LACEY with 1\fr. BLISS. Velasco, May 28, 1836. :\fr. KASSON. I move thatthereading ofthenamesbedispensed Sm: In times of general prosperity, the capitalist who advances funds to a gov with. · ernment deserves nothing more than a fair remuneration for his loan; but when an infant republic, just sprung into exi tence, without a government at home or credit There was no objection. abroad, is compelled to carry on a defensive war against a powerful tyrant., who e There ult of the vote was then announced as above stat-ed. watchword i(> extermination, and who e march is traced by the de olation left ·Mr. KELLEY moved to reconsider the vote just taken; and also behind him, when a cloud of the mo t dark and angry character was lowering over moved that the motion to reconsider be laid on the table. us, when "hope deferred" had almost sunk into despondency, the man who, like yon, could fearlessly step forward and risk his fortune and credit in our behalf The latter motion was agreed to. de erves and receives a nation' !!ratitude. :\IE SAGE FRO:U THE SENATE. But for the frequent and we:ii'-timed aid you have so liberally afforded, it is scarcely probable that we could have sustained the war up to this period, and A message from the Senate, by Mr. SYMPSON, one of its clerks, in Texas, the faire t portion of the continent, might now have b een what Santa .Anna. formed the House that the Senate further insisted upon its amend has threatened to make it, a howling wilderne . WM. ll. JACK, Secretary of Stat-e . ment numbered 47 to the bill (H. R. No. 6243) making appropriations To THOMA.S TOBY, Esq., Kcw Orleans. to supply deficiencies in the appropriations for the fiScal year ending .AI o the following: June 30, 1882, and for prior ye::u , and for those certified as due by [From President Burnet.] the accounting officers of the Treasury, in accordance with section EXECUTIVE D RrARTME~"T , 4 of the act of June 14, 1878, heretofore paid from permanent ap Velasco, June 20. 1836. propriations1 and for oiher purpose , disagreed to by the House of Sm: Texas never required the prompt and efficient action of the friend!' of hu Representatives, asked a further conference by the House on the dis man libe1ty more than at this moment. Your zeal, as heretofor ruanifesteu, is a agreeing votes of the two Houses thereon, and had appointed :Mr. sure ~rUarantee that you will not be lacking now. ~Your obedient servant, HALE, 1r. ALLrso~, and :\Ir. COCKRELL to be the conferee on the DA. VID G. BURl\"'ET. part of the Senate. . To THOY.A.S TOBY, E. q., Texas Agent, Xeto Orleans. 1882. CONGRESSIONAL RECORD- HOUSE. 6477 .Also the fotlowing : Weal o call attention, in this connection1 to a certificate signed by H'on. E. M:. [From President Houston.] Pease, formerly governor of Texas, which lS as follow : CoLmma, TEXAs, Februa1·y 21, 1837. [Statement of ex-Governor E. M. Pease. l MY DEAR Sm: You will ere this have seen Colonel Thruston, the commissary I, E. 1\I. Pease, of the city of .AustinhTexas, do hereby certify that dnring the general of Texas. With him were sent requisitions, and I hope to God you win years 1836 and 1837 I was lor part of t e time chief clerk in the treasury depart .have them filled. It is important to us. If our army is not supplied all our blood ment of the Republic of Texas, and for pa-rt of the time comptroller of public ac .bas been shed in vain. counts of said republic; that during these years Thoma Toby, deceased, late of Your friend, New Orleans, Loui iana, was the agent of said republic in 1'ew Orleans for for SAM HOUSTON. warding volunteers to Texas, and for the purchase of provisions, clothing, and other supplie and munitions of war for Raid republict and that as such agent he To THOMAS TOBY, Esq. made large advances for those article for said republic. I have examined his ac .Also the following : count against said republic, which wa.s acted on by the Le&islature of Texas at it COLUMBIA, TEXAS, March 10, 1837. last se ion, and can say from personal knowledge that a 1arge part of the items therein charged are correct. I was familiar with the debt of the late Republic of DEAR Sm: I desire that five hundred stand of arms be forwarded to the army Texas, and was governor of Texas at the time of the payments of most of said :as soon as possible, and for God's sake do end breadstuffs to the army and to debt at the Treasury of the United States rmder the act of the Con!ITess of the Velasco-to the army for fifteen hundred men for two months and to Velasco for United Siates of the 28th of February, 1855, and knew that no part o'f the debt of two hundred men. said Toby was ever paid, either by the State of Texas or by the United States. Last night I heard from the army that there had been no breadstuffs for ten E.M.PEASE . .days past, nor had they news of any comin~. Do my friend, I beg you, forwaril. provis10ns agreeably to the reqmsitions made .AUSTIN, TEXAS, December 5, 1881. by C~lonel Thruston. The supplies sent for are indispensable to the salvation of The last Legislature of Texas passed the following act, which is conclusive of -the ari:ny. Unless our friends now sustain us it will leave Texas in a situation as the validity and merit of the claim: .deplorable as it was on the 20th of March last year. [Joint resolution providing for the settlement of the claim of Thomas Toby, de You need entertain no fears of being amply requited by the government for any ceased.] .advances which you may make to the country. I feel confident that every allow (See page 132, Laws of Seventeenth Legislature.) · .ruwe will be made bY." the government so as to give complete indemnity to those who may be responsible for any aid rendered to our necessities. Joint resolution making an appropriation for the settlement of Thomas Toby claim. Your friend, SAM HOUSTOX. Whereas it has been satisfactorily established that the late Republic of Texas To THOMAS TOBY, Esq. was indebted to Thomas Toby, deceased, late of New Orleans, in a large sum of money for advances made and supplies furnished and services rendered between .Also the following: the 24th day of May, 1836, and .Apri11, 1838, to aid and sustain her in her struggle COLUMBIA, March 17, 1837. for independence, which remains unpaid; and DEAR Sm: Seventeen hundred men are now in the field, and about five hundred Whereas there is a balance now of $101,113.27 in the United States Treasury :not armed. The supplies canonlylastfom;dayslonger. For God's sake dos.om_e belonging to the Texas debt fund applicable t() the payment of all revolutionary thing, or we must lo e all that we have gamed, and our country. The supplies m claims of which t.his is one: Therefore, lit are much exhausted. SECTION 1. B e it resolved by the Legi~lature of the'State of Texas, That the sum of We must be supplied ! $45,000 be, and the same is hereby, acknowledged and validated as a just debt You may rest as ured on receiving ample remuneration for any responsibilities against the reserved fund held by the Government of the United States ~or ~e which you may incur. payment of the debt of the late Republic of Texas; and our Repre entative m Your friend, Congress are hereby respectfully reque ted, by bill or otherwise to move Conpe s SAM HOUSTON. to make an appropriation ont of said reserved fund for the full payment of this To THO~US TOBY, Esq. claim, and that on such appropriation by Congress the heirs of Thomas Toby, de ceased, are hereby authorized and empowered to apply for and receive from the This claim has been presented from time to time, since the late war, to the Le~ls proper authorities of the United States the said sum of $45,000 in full, without lature of the State of Texas. The proceedings of the several Legislatures which scale or abatement. have considered it will show that its validity and merit have been uniformly rec SEc. 2. That Texas will not regard the payment of said claim as a credit on the <>gnized and acknowledged, and payment thereof directly by the State declined, amormt now owing to the State of Texas by the United States, tmle s the heirs of upon the ground that Texas had made ample provision for the payment of all such Thomas Toby shall first, before memorializing ConP'ess or applying to any De claims by the terms of the compact entered into between the United States and partment of the General Government tor payment of said claim, file in the office T exas on the 28th day of February, 1855. of the treasury of the State of Texas a full release of all claims against the Stat-e In order to show how the claim has been regarded by the Legislature of Texas, of Texas which may remain unsatisfied by the United States out of money due t he committee refer to the following: Texas and reserved by the United States. Approved March 30, .A. D. 1881. [See Senate Journals, Seventeenth Legislature, pages 60 and 61.) 'l'he heirs of Toby have executed and filed the release contemplated by the sec SENATE CHAMBER, Austin , March 2, 1879. ond section of the act, as appears from the following certificate: The tmdersigned members of the senate avail themselves of the privilege of [.Acceptance of release by State treasurer.] spreading upon the journals their reasons for voting for the report of the com I, F. R. Lubbock, treasurer of the State of Texas, do hereby certify that in mittP.e on finance, which recognized the fact that the State of Texas is indebted accordance with "Joint resolution No. 9, making an appropriation for the et to the late Thomas Toby, and proposing to pay the representatives of said Toby tlement of Thomas Toby claim," approved March 30, A. D. 1881, the heirs of the sum of $45,000 in satisfaction for all demands against the State. Thomas Toby, deceased, have this day filed in the office of the treasurer of the The claim of Thomas Toby originated during the strugcle between Texas and State of Texas a full relea e of all claims against the State of Texas which may M exico. Mr. Toby was distinguished at an early perioa of the contest as the remain unsatisfied by the United States out of money due Texas and reserved by. friend of T~xas and constitutional freedom. He wa made the agent of Texas, the United States. and intrusted with the sale of land scrip to the quantity of 500,000 acres. Presi In witness whereof, I have herermto set my hand and affixed the seal of the dent lln1·net indorsed him officially as such in May, 1836, and continued to -do so treasurer of the State of Texas, this 1~th day of November, .A. D. 1881. until the end of his term. Soon after being inaugurated, President Houston ad (L. s.] F. R. LU13llOCK, Treasurer. dressed Thomas Toby & Bro. officially a the agents of the Republic of Texas. It will be observed that the foregoing act of the Legi lature of Texas recognizes His first communication was dated November 8, 1836, and the correspondence ex this claim as a" just debt against the re erved fund held by the Government of t ended to about two-thirds of President Houston's term of office. the United States for the payment of the debt of the late Republic of Texas." It The official correspondence establishes the following facts: . will be remembered that a controversv in respect of the north we tern bonnd:try 1. The Mexican Government was straining every nerve to make another for of Texas existed between the United' States and Texas, from ·the annexation up midable invasion of Texas during the summer of 11l36. to the 9th day of September, 1850, when the question of boundary was definitely 2. Texas had few men in the fi eld, and called for volunteers. settled by an act of Congress, which was assented to by the State of Texas. 3. 'l'homaa Toby advanced money, arms, ammunition, clothing, and protisions. Section 1, articles 4 and 5, of that act is as follows: He made advances to fit out war vessels, and to forward volunteers to Texa . In "SEC. 1, .ART. 4. The United States, in consideration of said establishment of short, he fnrni, hed Texas the sinews of war. boundaries, cession of claim to territory, and relinquishment of claims, will pay 4. If he had not done so, the army of Texa would have been.compelled to dis to the State of Texas the sum of $10,000,000 in a st.ock bearing 5 per cent. interest, band and the people would have been driven out or butchered. and redeemable at the end of fourteen years, the interest payable half-yearly at 5. In February, 1837, President Houston forwarded req_uisitions to Thomas Toby, the Trea.snry of the United States. and said : " I hope to God you will have them filled; it 1s important to us. If our "SEc.1, ART. 5. Immediately after the President of the United States shall have army is not supplied, all our blood has been in vain. ' He repeated that declara been fnrnished with an authentic copy of the act of the General .As embly of tion Rub. tantia.lly on other occasions. Texas accepting these propositions, he shall cause the stock to be issued in favor 6. President Houston promised to repay Thomas Toby for advances. of the State of Texas, a-s provided for in the fourth article of this agreement: 7. This debt was incurred to maintain the independence of Texas. The Texas Pro-vided also, That no more than five millions of said stock shall be issued until army, supplied by 'l'homas Toby, prevented a Mexican invasion, and the conse the creditors of the State holding bonds and other certificate of st()ck of Texas quences resulting from the war of exterDlination declared and waged against for which duties on imports were specially pledged, shall first file at the Trea nry T exas. of the United States releases of all claim against the United 8tates for or on ac 8. Thomas Toby accounted for every acre ofland scrip placed in his hands, and count of said bonds or certificates, in such form as shall be prescribed by the Sec presented vouchers for money expended for the Republic of Texas; they are on retary of the Tr~asury a~d appt'?ved by the President of ~e UD:ited Stat': : Pro t·ecorll in the comptroller's oflice. In accordance with a legislative resolution the vided That nothing herem contamed shall be construed to unpru.r or qualify any the payment of such claim , upon the ground that the Government of the Unit-ed board created for the purpose of ascertaining and adjusting the debt of the late States4 by the incorporation of Texas into the Union, had made itself liable for Republic of Texa.'l, do hereby certify that it appears from the recorrls of the these aebts. Texas recogniz-ed her.liability to pay all the debts which had been treasury department of the republic that the accounts and vouchers of Thomas contracted for and on account of the revolution, but claimed the right to scale Toby for supplies and munitions of war furni he The joint re olution was rea-d, as follows: The joint resolution was read, a~ follow : Resolved, cl:c., That the Secretary of State be, and he is hereby, authorized and .Resolved, cf:c., That the Public Printer be, and he is hereby. authorized and lli directed to deliver to the Secretary of the Interior, for the use of the Department rected to forward, free of charge, to the tate library of eaeh State having or that of the Inte}'ior and its subordinate bureaus and offices, 100 copies of the second shall hereafter have and maintain a State library one bound copy of the CON· edition of the Revised Statutes of the United States. GRE SIONAL RECORD of each session of Congre s or sp cial session of the Senater including the present session of Congress. Mr. VAN HORN. I will state that this involves no cost. The publications are printed and are in the office of the Secretary of Mr. K.A.SSON. It seems to me that no provi ion is made with re State. Hut the Secretary of State cannot deliverthese copies to the gard to back copies. There is a limit to the number of copies m Interior Department without authority. That authority is wanted. pos e ion of the Public Printer. I would inquire in case the edi The joint resolution was ordered to be engrossed and read a third tion i not ufficient to comply with the law what would be the time; and being engrossed, it was accordingly read the third time, resultY and pa ed. Mr. SPRINGER. This begins with this Congre s. DECISIOSS OF FIRST COMPTROLLER. Mr. KASSON. It does not say so. Mr. SPRINGER. It uses the word "hereafter." Mr. VAN HORN also, from the same committee, reported back with Mr. .A.INSLIE. I desire to offer an amendment, to include the Ter- a favorable recommendation the joint resolution (H. R. No. 122) re ritorial libraries. quiring the Public Printer to publish certain decisions of the First Mr. SPRINGER. There is no objection to that. Comptl'oller of the Treasury' Department. The amendment was agreed to. The joint resolution was read, as follows: Mr. KASSON. I ask that the clause be read which the gentleman• Resolved, cf:c., That the Public Print~rbe, and is, required to print notmore than says limits the operation of this joint resolution to this Congress. one volume each year of the decisions and opinions of the Fir t Comptroller of t.he Treasury Department, with such explanatory matter as he may furnish, and to If there is not such a limit there should be. furnish for tlie use of each Senator, Representative, and Delegate in Congress 10 Mr. ROBINSON, of Massachusetts. Let it all be read. copies thereof, to the Comptroller 2,000 copies, and for distribution in the manner The SPEAKER. The joint re olution as amended will be read. provided in section 7 of the act of June 20, 1874, C18 Statute at Large, p~e 113,) The Clerk read ·as follows: providingforthepublication of the Statutes, one-halfthe number theremnen tioned. That the Public Printer be, and he is hereby, authorized and directed to forward·, free of charge, to the State and Territorial library of each State and Territory The joint resolution was ordered to be engro ed for a third read having or that shall hereafter have and maintain a State or Territorial library one ing ; and it was accordingly read the third time, and pa ed. bound copy of the CONGRESSIOXAL RECORD of each ession of Congress or speciaL session of the Senate, including the present session of Congress. ALPHABETICAL LIST OF PRIVATE CLAL'\18. Mr. KASSO"N. It should read beginning with the Forty-seventh. · Mr. VAN HORN also, from the same committee, reported back Congre s. with a favorable recommendation the following: Mr. SPRINGER. It says ''including the pre ent session of Con- Resolved, That the Clerk of the House be authorized and directed to supply the gre s." Public Printer as rapidly as possible with the copy of the digested summary and Mr. McMILLIN. The gentleman from Iowa [1\lr. KASSON] is cer alphabeticallistofprivate claims presented to the House of Represent-atives from tainly correct in his criticism. the Forty-second to the Forty-sixth Congress, inclusive, in preparation by him, and that the Public Printer proceed to execute it so that it be finished by the meet Mr. KASSON. It should read beginning with the present Con- ing of the second session of the Forty-seventh Congress. gress; and then, as it is a perpetual order, there will be no need or saying "including the present ses ion." l\Ir. V .AN HORN. I ask that the letter of the Clerk of the House Mr. SPRINGER. There is a called session that would not be in be read in connection with this resolution. cluded if the joint resolution is limited to the present ses ion. l' The Clerk read as follows: would suggest to strike out the words "including the present ses CLERK'S OFFICE, HOUSE OF REPRESENTATIVES, U!I'ITED STATES, sion of Congress," and to insert in lieu thereof the words " beginning: WtUhington, D. 0., July 8, 1882. with the Forty-seventh Congress." Sm: On the 9th of February, 1881, in the third session of the For,ty-sixth Con gress, the Clerk of the House was directed "to have completed the d1gested sum The amendment was agreed to. mary and alphabetical list of the private claims presented to the House of R~p The ,joint resolution as amended was then ordered to be engro sed. i-esentatives from the Forty-second to the Forty-sixth Con~ess, inclusive." That for a third reading; and it was accordingly read the third time, and work is approaehing completion. I have the honor herewith to submit as a speci passed. men of it the portion under the letter" A," and to request the authority of the House for the printing of it as fast as it may be comyleted, in order that it may Mr. V.A.N HORN. I movetoamend thetitleofthejointresolution be laid upon the desks of members for use at the begmning of the next session of so as to read "to furnish the Co~GRESSIO~AL RECORD to each State· Congress. The work bas been prepared with care, and is undergoing thorough and Territorial library." revision, with a view to as great accuracy as can be ebtained. The amendment to the title was agreed to. I have the honor to inclose a copy of a resolution and to a k its adoption by the House. Ml'. VAN HORN. I move to reconsider the several votes just Very respectfully, yours, taken; and also move that the molion to reconsider be laid on the· EDWD. McPHERSON, table. Olerk HotUJe of Representatives. Hon. J. W .A.RREN KEIFER, The latter motion was agreed to. Speaker House of .Representatives. REPORT OF SURGEON-GE~RAL OF THE NAVY. The resolution was adopted. Mr. SPRINGER, from the Committee on Printing, reported back the following concurrent- resolution of the Senate with a recommen LAND LAWS, ETC. dation that the same be adopted : Mr. VAN HORN also, from the same committee, reported back Resolved by the Senat J\1:AN] in thinking that 1,000 extra copies of this document for the le s, I thlnk, than the amount appropriated in this bill; but the joint use of the Navy Department are an extl·aordinary number, and un committee has suggested this sum out of abundant caution. I think less the uentlema.n from Illinois can give a better reason than he has gentlemen of the House when they have procured the information ,given ju~t now I think the gentleman from Indiana is eminently cor which this catalogue is intended to supply will find this the most rect in holding that this printing should not be ordered. I think the economical aud valuable of the publicati9ns of Cougre s. ,gentleman from Illinois ought to be able to give a better reason than Mr. KASSON. It is to be practically an index to the entire tatis the one he has given. tical hist-ory of the country. Mr. SPRINGER. I think it will be found I have given the same Mr. SPRINGER. Exactly; the gentleman state the matter cor :rea~on that the honorable gentleman from Tennessee [:Mr. ATKINS] rectly. I yield to the gentleman from Mis ouri, [Mr. VAN HoiL~.] gives when be brings in recommendations from the Departments for Mr. VAN HORN. It is economical in other respects. Gentlemen appropriations. All that he knows about them or can know about who have not had anything to do with the Committee on Printing them is that the head of the Department bas come before him and are unaware, as a matter of course, of the immense amount of print told him that the Department must have the money. ing which is sometimes done that is entirely useless. That commit Mr. ATKINS. If I do not know more about such a matter than the tee have no means now of knowing whether are olution requiring gentleman does about this I go against it. printing to be done should be reported favOI'ably or not! as they Mr. SPRINGER. I ask the gentleman in what case he has taken have no means of determining whether the printin~ askea for has the precaution to go into the Departments an?- e~amine the books been don~ already and there are copies enough m existence to to determine whether they needed the appropnatwns a~ked forT answer all practical purposes. If this index be provided it will stop Mr. ATKINS. I have gone into every single Department of the a great many extravagances in public printinu and may result in Government 'for that purpose. the saving of thousands and thousands of dollars every ses ion of Mr. SPRINGER. This is a Senate resolution proposing the print Congress. ing of 1,000 extra copies of this document, which will cost between Mr. SINGLETON, of Mississippi. Has the gentleman any esti two and three thousand dollars. It is a matter of the utmost indif mate of the cost T Is it proposed that we shall launch out into this ference to me whether you order this publication or not; but I feel new scheme without having any information of where it will take it my duty to report the resolution, as the Department desires these us T Has the gentleman from Illinois any idea of how much the documents. cost of this work will be T If the House determines to make a point upon this little matter 1\lr. ATKINS. It will cost nearer $1,000,000 than $10,000. I hope it will continue in the good work. I have no personal inter Mr. SPRINGER. The gentleman is mistaken. -est in the question; it is a public matter. You order printing here Mr. ATKINS. The clerical force required will cost more than the by the millions of dollars. Here is a proposition to print extra copies sum named in the resolution.