Congressional Recor,D. 261

1875. CONGRESSIONAL RECOR,D. 261

ORDER OF BUSINESS. Ohio, and others, that provision be made for the free traDsporlation The question bei~g put on the motion of Mr. BUTLEB, of Massachu and subsistence of all soldiers and sailors of all American wars on tho setts that the House now adjourn, the Speaker declared that the occasion of the centennial celebration at Philadelphia in 1876, to the ayes 'appeared to prevail. Select Committee on the Centennial Celebration. .Mr. HARRIS, of Massachusetts, called for the yeas and nays. By lli. LOUGHRIDGE: Several petitions of citizens of Monroe The yeas and nays were not ordered. and Davis Counties, Iowa, for the removal of the United States dis So the motion was agreed to ; and a.ccordingly (at four o'clock and trict court for Iowa from Keokuk to Burlington, to the Committee on twenty-five minutes p.m.) the House adjourned. the Judiciary. By Mr. LOWE: Papers relating to the claims of Pottawatomie Indians, citizens of the United States, to the Committee on Indian Affairs. PETITIONS, ETC. Also, the petition of John .A.. Tiffany and others, for relief, to the The following memorials, petitions, and other papers were pre Committee on Indian Affairs. sented at the Clerk's desk, under the rule, and referred as stated: By Mr. McKEE: The petition of citizens of Lauderdale County, By Mr. ASHE: Resolutions of the Legislature of North Carolina, Mississippi, for refunding of the cotton tax, to the Committee on in regard to removal of obstructions from Neuse River, to the Com Ways and Means. mittee on Commerce. By Mr. MILLS: Petitions of citizens of Texas, for refunding the Also, resolutions of the Legislature of North Carolina, in relation to cotton tax, to the Committee on Ways and Means. the harbor of Edenton, North Carolina, to the Committee on Com By Mr. NESMITH: Petitions of citizens of Oregon for the estab merce. lishment of a post-route from Winnemucca, in the State of Nevada, Also, resolutions of the Legislature of North Carolina, in relation to via Black Buttes, to Salem, in the State of Oregon, to the Committee the Freedman's Savings-Bank, to the Committee on Banking and on the Post-Office and Post-Roads. Currency. Also, resolutions of the Board Trade of Portland, Oregon, in favor By Mr. BANNING: The petition of Caroline Sheward, for a pen of the construction of railroads to connect the railroads of Oregon sion, to the Committee on Invalid Pensions. with other railroa-ds of the United Stn.tes, to the Committee on Rail By lli. BUNDY: The petitions of Ralph Leete and 102 others, of ways and Canals. George Pet-ers and 121 others, and of M. W. King and 66 others, of By Mr. ELLIS H. ROBERTS: The petition of B. H. Wright, of Lawrence County, Ohio, praying Congress at its present session to Rome, New York, in relation to early resumption of specie pay- provide for an increase of United States legal-tender notes commen ments, to the Committee on Banking and Currency. . surate with the demands of the business interests of the country, and By Mr. RUSK: The petition of Harry E. Eastman, for relief, to to provide for a uniform rate of interest not exceeding 5 per cent. the Comrilittee on War Claims. per annum, to the Committee on Banking and Currency. By Mr. SMITH, of Pennsylvanin.: Memorial of the State Society By Mr. BUTLER, of M3B8achusetts: Memorial of the Southern of the Cincinnati of Pennsylvania, in regard to compensation for serv Maryland Railroad Company, prayin~ Congress to authorize the ices of revolutionary officers, to the Committee on War Claims. authorities of the District of Columbia to divert to the Southern By Mr. SMITH, of Ohio: The petition of Benjamin D. Lakin, of Maryland Railroad Company the amount of subscription authorized Clermont Conn% Ohio, for relief to the Committee on War Cln.ims. and directed to be made to the Piedmont and Potomac Railroad by By Mr. SMIT.tl, of Virginia: Tne1 petition of William B. Derrick an act of the Legislature of the District of Columbia approved August and 3,000 colored citizens of Richmond, Virginia, for legislation to 19, 1872, and ratified and confi.rme(l by act of Congress approved relieve depositors in the branch of the Freedman's Sn.vings Bank, May 23, 1873, to the Committee on the District of Columbia. located at Richmond, to the Committee on Banking and Currency. Also, petitions of publishers in the United States, for a trial in the By Mr. THORNBURGH: The petition of Mary D. Williams, widow Government Printin~ Office of Orren L. Brown's patent machine for of William M. Williams, late private Second Tennessee Infantry, for setting and distributing type, to the Committee _on Printing. a pension, to the Committee on Invalid Pensions. Also, the petition of Frank J. Adams, of Oakland, California, that Also, the petition of William K. Griffith, guardian of minor chil land warrants be granted disabled soldiers in pla.ce of homesteads, to dren of John Morgv.n, late private First Tennessee Infan"iry, for re the Committee on Military Affairs. lief, to the Committee on Militn.ry Affairs. By Mr. BUTLER, of Tennessee : A paper for the establishment of . Also, the petition of Thomas F. Carter to be compensated for serv a post-route in the State of Tennessee, to the Committee on the Post ices rendered the F~~eral Army, to the Committee on Military Affairs. Office and Post-Roads. By Mr. WHITEHEAD: The petition of Eliza J. White, of Rock By Mr. COX: Memorial of Kate Louise Cushing, widow of Com bridge County, Virginia, for relief, to the Commi~~ on War Claims. mander W. B. Cushing, for a· naval pension, to the Committee on Naval Affairs. By Mr. DANFORD: The petition of J. M. Dalzell, for le~slation to ' ) provide free transportation and subsistence for soldiers m the late war to the centennial celebration at Philadelphia in 1876; to the Select IN SENATE. Committee on the Gentennial Celebration. By Mr. FARWELL : Papers relating to the claim of Mrs. Eliza WEDNESDAY, January 6, 1875. Potter for relief, to the Committee on War Claims. By Mr. FINCK: The petition of J. R. Teagarden and,-others, for a. Prayer by the Chaplain, Rev. BYRON SUNDERLAND, D. D. post-route from South Bloomfield, via. Saint Paul, to Marcy, in Pick The Journal of yesterday's proceeding was read and approved. a way County, Ohio, to the Committee on the Post-Office and Post-Roads. ENROLLED BILLS SIGNED. By :Mr. FRYE: The petition of Betsey M. Murray, for a pension, tu A message from the House of Representatives, by Mr. CLINTON the Committee on Invalid Pensions. LLOYD, its Chief Clerk, announced that the Speaker had signed the Also, the petition of Mary J. Blood, widow of Emery A. Blood, that following enrolled bills; which were thereupon signed by the Vice a. pension be granted her children, to the Committee on Invn.lid Pen President: sions. A bill (S. No. 381) to create an additional land district in the State By Mr. GOOCH : The petition of Elizn.beth Williams, for a pension, of Oregon, to be called the Dalles land district; to the Committee on Invalid Pensions. A bill (S. No. 433) for the relief of Mrs. Susan .A.. Shelby; and By Mr. GUNCKEL: Petitions of James Riley, John Hamilton, John .A. bill (S. No. 650) explanatory of the resolution entitled ".A. resolu McCabe, Philip Lavassuer, and Dicy Fyke, for pensions, severally, to tion for the relief of settlers upon the absentee Shawnee lands in the Committee on Invalid Pensions. Kansas," approved April7, 1869. By Mr. HAGANS: The petition of Mrs. D. W. Wallingford, to be compensated for property taken by the United States Army, to the HOUSE BILL REFERRED. Committee on War Claims. The bill (H. R. No. 4119) authorizing the Commissioner of the By Mr. HODGES: The petition of Alison Nailoi:, for relief, to the General Land Office to grant a patent for certain land in the Terri- . Committee on War Claims. to1·y of Arizona was read twice by its title, and referred to the Com By Mr. HOUGHTON: The petition of the heirs and legal represent mittee on Public Lands. atives of Jose and Pablo .A.pis, for relief, to the Committee on the .. Judiciary. EXECUTIVE COMMUNICATIONS. Mr. HUNTON: The petition of bondholders of the Northern Pacific The VICE-PRESIDENT laid before the Senate a. letter of the Sec Railroad, for indemnity, to the Committee on the Pacj.fic Railroad. retary of War, recommending an appropriation for the employment By Mr. KELLEY: The petition of Brevet Brigadie1·-General C. A. of two draughtsmen in the office of the Quartermaster-General; which Finley, late Surgeon-General United States Army, to be allowed the was referred to the Committee on Appropriations, and ordered to be rank and pay of a colonel of twenty years' service to date from the printed. 1st of July, 1870, to the Committee on Military Affairs. ~ He also laid before the Senate a letter of the Secretary of War, Also, the remonstrance of dealers in manufactured tobacco in Phil transmitting a report of General E. 0. Q. Ordinrelation to the sufferers adelphia, against the passage of the bill allowing producers of to ba.cco from the grasshopper plague; which was ordered to lie on the table to sell leaf-tobacco to consumers, to the Committee on Ways and and be printed. . Means. He also laid before the Senate a letter of the Secretary of War, By Mr. LA. WRENCE: The petition. of J. M. Dalzell, of Caldwell, transmitting a communication from Major-General J. M. Schofield 262 CONGRESSIONAL RECOR,D. JANUARY G,

respecting the repeal of the law which forbids promotion in tho staff had the same under consideration, and instructed me to report it back of the Army; which was referred to the Committee on :Military Ai.- and recommencl its indefinite postponement. At the request of the fairs, and ordered to be printed. · Senator from New York farthest from me [Mr. CONKLING] I aak that He also laid before the Senate a letter of the Secretary of War, rec the bill may go on the Calendar. ommending an·amendment to the pending legislative, executive, and The VICE-PRESIDENT. The bill will be placed on the Calendar judicial appropriation bill, so as to authorize the retention of thirteen with the a-dverse report of the committee. enlisted men in the Ordnance Bureau; which was referred to the Com Mr. WADLEIGH. The Committee on Patents, to whom was re mittee on Military Affairs, and ordered to be printed. ferred the bill (H. R. No. 3170) for the relief of John W. Marsh,.made He also laid before the Senate a letter of the Secretary of War, rec a report in favor of the bill at the last session which by some mistake ommending an appropriation for the purchase of land required for was not ordered then to be printed. I move now that the report be the improvement of the Fox and Wisconsin Rivers; which was re printed. ferred to the Committee on Commerce, and ordered to be printed. The motion was agreed to. He also laid before the Senate a letter of tb e Secretary of the Treas GOVERm!EJ."'IT OF TilE DISTRICT. llry, transmitting the report of the Superintendent of the Coast Survey for the year 1874; which WllS referred to the Committee on Printing. 1111;. SARGEN'! submitted an amendment intended to be propo ed He also laid ll~fore the Senate the annual report of the Congres by him to the bill (S. No. 96:l) for the better government of the Dis sional Printer, showing the condition of the public printing, binding, trict of Columbia; which was ordered to lie on the table and be &c., for the year 1874; which wa-s ordered to lie on the table and be printed. printed. BILLS INTRODUCED. PETITIONS AND MEMORIALS. Mr. CRAGIN asked, and by unanimous consent obtained, leave to The VICE-PRESIDENT presented five petitions of citizens of Ne introduce a bill (S. No. 1086) to regulate promotions in the staff of vada, praying the passage of the bill (H. R. No. 3281) amending an the Marine Corps; which was read twice by its title, referred to the act to aid in the construction of a railroad and telegraph line from Committee on Naval .Affairs, and ordered to be printed. the Missouri River to the Pacific Ocean, so that certain lands provided He also asked and by unanimous consent obtained, leave to intro fo1· in it tpay be duly a sassed and taxed as other lands; which were duce a bill (S. No. 1087) to fix and reduce the Pay Department of the ordered to lie on the table. Army; which was read twice by its title, referred to the Committee He also presented resolutions of the Board of Trade of Portland, on Military Affairs, and ordered to be printed. Oregon, urging upon the Senators and Representatives from that Mr.INGALLSasked, andbynnanimousconsentobtained,leavetoin State to use their influence while ~he reciprocity treaty with the Ha troduce a bill (S. No. lORS) for the relief of D. S. Miller and G. W. waii au Kingdom is being ne~otiated to allow no discrimination of Riley; which was read twice by its title, referred to the Committee duty between the higher and lower grades of Hawaiian sugars, and on Post-Offices and Post-Roads, and ordered to be printed. that all sugars from that kingdom be imported free of duty into the Mr. CLAYTON asked, a.nd by unanimous consent obtained, leave to United States; which were referre(l to the Committee on Finance. introduce a bill (S. No. 108g) to amend an act entitled" An act grant He also presented a petition of citizens of Wisconsin, praying an ing a pension to Martha. E. Orrick, .Mary J. Orrick, and John J. Or appropriation for the improvement of the Fox and Wisconsin Rivers; rick:, minor children of John C. Orrick, deceased;" which was read which was referred to the Select Committee on Transportation Routes twice by its title, referred to the Committee on Pensions, and ordered to the Sea~board. to be printed. Mr. PATTERSON presented a resoiution of the General Assembly Mr. HITCHCOCK asked: and by unanimous consent obtained, of South Carolina, relative to the deposits made in the Freedman's leave to introduce a bill (S. No. 1090) for the relief of A. W. Greelv, Savings Bank; which was referred to the Committee on Finance. Fifth Cavalry, United Stat.es Army; which was read twice by its Mr. SARGENT presented a memorial of the Legislative Assembly title, and referred to the Committee on Military .Affairs. of Itlaho Territory, in reference to the United States assay office at Mr. FRELINGHUYSEN asked, and by unanimous consent obtained, Boise City, giving reasons why an appropriation should be made to leave to introduce a bill (S. No. 1091) to amend the fourteenth sec continue in operation that assay office; which waa referred to the tion of the act to establish the judicial courts of the United States, Committee on Appropriations, and ordered to be printed. approved September 24, 1789; which was read twice by its title, Mr. WADLEIGH presented the petition of Marie Louise Perrin and, with the accompanying papers, referred to the Committee on and Troutmann Perrin, praying compensation for destruction of their the Judiciary. property by the bombardment of Graytown, Central America, by the VOLUNTEERS rn PURSUIT OF JOHN MORGAN. United States sloop of war Cyane; which was referred to the Com Mr. PRATT submitted the following resolution; which was consid mittee on Claims. ered by unanimous consent, and agreed to : Mr. MERRIMON presented a resolution of the Legislature of North Resolved, That the Committee on Pensions be instructed to inquire into the pro Carolina, in favor of a refund of the tax levied and collected on priety of reporting a. bill extending the benefit of t.he pension -laws to such of the spirits of turpentine after the late war; which was referred: to the volunteer forces concerned in the pursuit and capture of General.John Morgan and Committee on Finance. his men, on their raid through the States of Indiana. and Ohio in 1863, as were dis He also presented a resolution of the Legislature of North Caro abled in consequonce of wounds or injuries received in the line of duty while en· gaged in that service under the calls of the governors of those States, and to the lina, in favor of an appropriation for the improvement of the harbor wiilows and dependent relatives of such as died in consequence of disabilities in of Edenton, North Carolina; which was referred to the Committee curred in the same service. · on Commerce. L.U\1> ENTRIES. He also presented a resolution of the Lecislature of North Carolina, in favor of an appropriation to remove tYte obstructions to naviga Mr. HARVEY. If there be no further morning business, I move tion in the Neuse River, below the city of New Berne, in that State; that the Senate proceed to the consideration of the bill (H. R. No. which was referred to the Committee on Commerce. 32W) to confirm pre-emption and homestead entiies of· public lands He also present.ed a resolution of the Legislature of North Carolina, within the limits of railroad grants in cases where such entries have concerning the Freedman's Saving and Trust Company; which was been made under the regulations of the Land Department. referred t-o the Committee on Finance. Mr. WEST. I rise to inquire whether the proposition of the Sena Mr. CRAGIN presented the petition of Benjamin Fellows, of Han tor from Kansas will exclude the further consideration of the resolu over, New Hampshire, a soldier in the war of 1812, praying to be tion that was under discussion yesterday, as I understand that to allowed a pension; which was referred to the Committee on Pen be the unfinished business' sions. M.r. EDMUNDS. That will come up at one o'clock. REPORTS OF COMl\IITIEES. The VICE-PRESIDENT. The Chair understands that the Senator from Kansas moves to take up the· bill named by him dnring the Mr. PRATT, from the Committee on Pensions, to whom was referred morning hour. When the morning hour expires, the unfinished busi the bill (H. R. No. 2156) granting a pension to Nathan A. ·winters, ness of yesterday will come up. submitted an adverse report thereon; which was ordered to be printed, Mr. WEST. The resolution of the Senator from Ohio [Mr. THUR- . and the bill was postponed indefinitely. MAN] will come up at one o'clock, then f He also, from the same committee, to whom waa referred the bill The VICE-PRESIDENT. Yes, sir. The question is on the motion (S. No. 888) directing the name of James Brown, of Oregon, to be of the Senator from Kansas. placed on the pension-rolls and granting him a pension, submitted Mr. SARGENT. That bill, I am informed, the Senator from Nevada, an a.dv~rse report thereon; which was ordere(l to be printed, and tho [Mr. STEWART,] who is expected every day, who was on the Commit bill was postponed indefinitely. tee on Public Lands when it was there considered, desires to be He also, from the same committee, to whom was referred the bill heard upon. If the Senator from Kansa-s only desires to make some {H. R. No. 3689) granting a pension to Bernard Sailer, tmlnnitted an remarks on the bill and to take it up in the morning hour for that adverse report thereon; which was ordered to be printed, and the bill purpose, I have no objection; but I do not wish that the bill shall be was postponed indefinitely. taken up for pa sage until the Senator to whom I have referred has He aJso, from the ··sa'me committee, to whom was referred the bill Ivan opportunity to state his objections or propose his amendment to (H. R. No. 3728) granting a pension to Abby A. Dike, reported it the bill. without amendment, and submitted a report thereou; which was Mr. HARVEY. I have no desire to discuss the bill unless it becomes :mlored to be printed. necessary in explanation of some of its provisions. I desire to have Mr. WRIGHT. The Committ,e'e on Claims, to whom was referred it taken up this morning so that some progress can be made toward the bill (H. R. No. 3181) foc the relief of Mrs. Mary A. Thayer, have its passage. I have made several efforts to have it taken up, but it •t 1875. CONGRESSIONAL RECORD: 263

has been laid aside because of the absence of certain Senators who or homestead entry has been forma11y aud regularly made before expressed a desire to cliscuss it. My impression is that some of those any grant by an a.ct of Congress, how could that homestead or vro Senators are present this morning, and I shou]d like to have the bill emption claim be defeated l>y any sn bsequen tact f I cannot imagiue road and proceeded with so far as possible, in order that we may see how tho difficulty could arise, and therefore I want to know from the what objections, if any, appear to it. Senator what gives rise to this difficulty. Mr. SARGENT. I have no objection t.o a discussion of the bill. Mr. HARVEY. There has been au opinion entertained by some M.r. WRIGHT. I trust my friend, the Senator from California, wm few persons that a homestead or pre-emption claim which had been not interpose further object.ion ·to the consideration of this. It is taken when there was no question about the propriety of taking such i:nportant that we make some pro~~ess in it at all events, and if pos a claim, prior to the receipt at the local land office of the notice of sible dispose of it this morning. il it shall strike the Senate that withdrawal of the lands for a railroad grant, would not be valid. there be no fair objections to the bill, it might be disposed of this The person making the entry received a formal and lawful certificate, m~. - and yet the opiuion was advanced later that persons having mmle Mr. SARGENT. I do not know the nature of the olljections the such '3ntries in pursuance of the laws of the United States might Senator from Nevada would nrge to the bill, but by special request I have their entries defeated by t.he claim that the right of the rail desire that he shall have an opportunity to be heard on the bill. I road company under the grant made to it atta.ching not from the understand that he will be here in a very short time. time of t.he receipt of the notice of withdrawal of the lands for tho Mr. WRIGHT. I will state in explanation that there are many grant, but from the time of the passage of a resolution by the board cases pending in my own State in the conrts, and it is important to of direct-ors of the railway company at a time when neither tho settler know whether we are to have this legislation or not, in Yiew of such who had m:l.de the entry in good faith and received his formal cer litigation. I hope, therefore, the bill will be taken up and progressed tificate of the fact uor the officials of the local laml office had any with as far as possible this morning, and that if there be no fair notice or could in any way have known that there could be any o~jection to the bill we may h::~.ve a vote upon it. adverse claim to the Janel. Mr. SARGENT. I have no objection to a discussion of the bill, This bill, as I stat-ed in the beginning, simply provides that where but I do not want it disposed of to-day in the morning hour. a sett1er under any of these laws has complied folly with the laws The VICE-PRESIDENT. The question is on the motion to take and with the regulations of the Land Department at that time, his up the bill. right and title to his home shall not be defeated by any other con The motion was agreed to,~nd the bill (H. R. No. 3250)to confirm pre struction. emption and homestead entries of public lands within the limits of If Senators will examine the bill, they will-see that it needs no railroad grants, in cases where the entries have been made under the explanation, it is so evidently just in its nat.nre. regulations of the Land Department, was considered as in Committee Mr. BOUTWELL. Will the Senator state whether or not this bill of the Whole. in the first section changes the law in regard to settlers' rights whfln The first section confirms all pre-emption and homestead entries, they locate upon ]ands that have been granted to railroad companies or entries in compliance with any law of the United States, of the or to other companies for internal impro\ements T Does it not change public lands, made in good faith upon tracts of land with n the the law, aml is it not retroactive in its operation t limits of any land grant prior to the time when notice of tho with Mr. HARVEY. No, sir. My understanding is that t.his bill does drawal of the lands embraced in the graut was received ::~.t the local not change the law and is not retroactive in its operation, but that it land office of the district in which such lands are situated or after prevents a retroactive ruling or new construction which has been their restoration to market by order of the General Land Office, and placed upon the law from defeating the rights which a settler had where the pre-emption and homestead laws have been complied with, acquired under the law. That is my unflerstanding of it, ancll think and proper proofs thereof have been made by the parties holding an examination of the bill will satisfy Senators that it is correct. such tracts or parcels, and pat.ents for the same are to issue to the Mr. BOUTWELL. Let me ask fnrt.her whether the construction parties entitled thereto. of the Department in regard to the law has not been this: that when According to the second section, when at the time of such with tho order was issued fi·om the Department withdrawing lands from drawal va.lid pre-emption or homestead claims existed upon any lands pre-emption and sale that order took effect immediately f I ask if within the limits of any such grants which afterward were aban this section does not change the construction of the Department, doned, and, under the decisions and rulings of the Land Department, whether the construction is right or not as a legal proposition, so t hat were re-entered by pre-emption or homestead claimants who have settlers who went upon lands after the order was issned and before complied with the laws governing pre-emption or homestead entries, notice of the issuance of the order was received at the local office or who shall make the proper proofs required under such laws, such will hold their lands 1 Does it not change the construction of tho entries are to be deemed valid, and patents to issue therefor to the Depa1tment so as to give title to the occupant of lands whose tit1e person entitled thereto. would not be recognized by the Department on the construction now Section 3 provides all such pre-emption and homestead entries given to the law T which may have been made by 11ermission of the Land Department, Mr. HARVEY. My understanding is that the original construction I or in pursuance of the rules and instructions thereof, within the of the Department WaB that the right of a company or corporation to Limits of any land grant, at a time subsequent to expiration of such whom a grant had been made could only attach, as 3-gainst an adual grant or when the grantee was in default in the perform:m.ce of any settler, at such time as the officers charged by the law with the is of the conditions imposed by such grant, shall be deemed valid and suance of evidence of settlement received notice of the order of with a compliance with the laws, and the making of the proof required drawal. The construction was that the land was only withdrawn shall entitle the ho1der of such claim to a patent therefor. from the a-ction of the homestead and pre-emption laws when these ) The VICE-PRESIDENT. The bill was reported by the Committee officers charged with the duty of issuing the original evidence of title on Public Lands with amendments. to the settler had notification of it. That is my understanding of Mr. FENTON. Is this bill before the Senate nowf the history of the questions arising under these land grants. This The VICE-PRESIDENT. The bill is before the Senate, having bill is an attempt to defeat the effect of later retroactive rulings of been taken up by a vote. the Department which have been based upon the assumption, not Mr. FENTON. I did not listen very attentively to the reading of that the withdrawal took plaee at the time that the Department first the bill. I should be glad to examine it. If the Senator having made the order, but that it took place on the passage of a resolution charge of it will allow it to lie aside until another morning, I will by the board of directors of a corporation having received the grant, examine it iu the mean time. even before the General Land Office or the local land officers had Mr. HARVEY. In answer t.o the Senator from New York, I would any notice of it. . state that the bill has been laid aside a number of times. It wa-s re :Mr. HOWE. I should like to ask the Senator a question for infor ported last June and has been on the desks of Senators since that mation. Is the question raised by this first section a question which time. the Legislature can control at all T Is it not a question for judicial Mr. SHERMAN. If my friend from Kansas will allow me, I would determination rather than for legislative determination t _ like him to explain to us the scope and purpose of the bill. It seems Mr. HARVEY. In answer to the Senator from Wisconsin, I will to be a very important bill, and must affect a great multitude of state that I apprehend that it is a question for legislative actioi;L, for cases. I think he will expedite the matter if he will explain the the reason that the persons having rights under the ho~est~ad ancl general scope and purpose of the bill. I only know it by hearing it pre-emption laws, if their certificates of entry are canceled, cannot read. I wish also he would speak louder. We cannot hear him. go into conrt. · Mr. HARVEY. On account of a severe cold, I am unable to speak Mr. HOWE. Is the Senat~r quite sure of thatT If, under the as loudly as I might otherwise do; but I c::~.n state in a few words the pre-emption and homestead laws as they stand, A.. does what entitles general scope and object of this bill. It provides that homestead him to a pre-emption or a homestead right, is there discretion in the and pre-emption settlers upon the public lands who have complied Department to refuse to recognize that rightf Will not the judicial strictly with the law and the rules and regulations of the Depart department enforce that right f ment at the time when their settlements were made and their proof MI-. HAR~Y. I would ask the Senator how the pre-emption or completed shall be entitled to their patents. It has simply this homestead settler, whose certificat-e is canceled by department.al scope and no more. I do not think there can be any well-founded action, can get into conrt' Where is his evidence of title Y I will objection nrged to the bill; and until I hear some objection urged, I cite him to an instance not directly under the operation of the home have no disposition to take up the time of the Senate in discussing it. stead or pre-emption laws, but a law similar in its provisions, the Mr. SHERl-fAN. The proposition of the Senator seemed to me so law which ·provided for the sale of tho Osage cedecllandti in Kansa . plain that I wanted to kuow who cont-ested it. 'Vhere a pre-emption It provided that only actual settlers could become purchasers, anc.! 264 · CONGRESSIONAL RECORD. JA.LWARY 6, required a settlement and improvement as preliminary, it being very the Senator will see that it ha-s reference not to tlle abandonment of much like the pre-emption law in that respect. A great number of a grant, but to the abandonment by the settler of the homeatead or settlers being affected exactly alike by a certain ruling of the Depart pre-empt,ion claim. ment, having their certificates canceled, had no means by which Jltir. SARGENT. If the Senator will examine that, he will see that they could get into court, and it became necessary for my predecessor it reads" within the limits of any such grants which afterward were here a.nd my colleague by application to the Department of Justice abandoned." There is a chance for construction that the abandon to secure by their intervention a method by which these settlers could ment refeiS to the grants. Having, however, got over that verbal go into court and plead their rights there; and so far aa the United criticism, which might, perhaps, amount to a very great obstacle in ~tatea district courts are concerned for that locality, they have been the explanation of the bill hereafter, I should like to direct his at successful. But I call attention to the fact that it required an ex tention to the body of the section, even if it bears the construction be traordinary intervention in order to procure this relief. Throughout puts upon it. It provides that where there was a valid pre-emption all the land States and Territories where the pre-emption and home or homestead claim existing upon any land which was abandoned, stead laws are in force, where so many land-grants have been made which became entirely nugatory, of no benefit or advanta~e to the to railroads, if the settlers have their cert.ifica.tes of pre-emption or person who made the entry, without conferring any obligatwnonthe homestead entry canceled, there is no way with which I am ac United States-for that is wha,t a,bandonment means-that aban quainted by which they can bring their case before the courts. The doned homestead or pre-emption shall be made the method of giving aim of this bill is simply that such settlers may not be defeated in some vitality to a pre-emption to be entered after the grant has bet}n their rights, but that they may have the patents issued to them which made and after the withdrawal was actually made and after the the Government by its general laws promised they should have upon railroad company haa built its road. So that something which is compliance with its requirements. absolutely abandoned, whic.h in law is as near death as can be ex This I think is a matter of simple justice to those people. I can pressed by any word in the English language, is to be rehabilitated, not see how the Senate of the United States can hesita~e to give put upon its feet, and stamped into the Land Office for the purpose of them this relief at once. By giving the settler the muniment of title giving respectability and countenance to something that is entirely to which he has vindicated his right by compliance with the law allCl subsequent to all its rights which have accrued to the company. If by furnishing the proper proof, you only give him an eqnal right the construction he puts on the bnguage is right, the inference I with tho corporation claiming adversely. It is useless to claim that have drawn from the section is a necessary conclusion. tho legal or equitable rights of these corporations will be defeated by Mr. HARVEY. The Senator evidently misapprehends the intention the passage of the bill, because if they have really legal and equitable of that section. It refers, I am well satisfied, to pre-emption or home rights adverse to those of the settlers, those rights can be pleaded stead claims which had been abandoned by settlers ; and under tho under the law making the grant. Further, the passage of this bill rulings of the Department at that time the land, having been aban is not a finality. The issua.nce of a patent even, if it has been given doned, reverted to the Government. There was a claim that it re improperly, doea not conclude the adverse claimant. It only places verted to the railroad company upon abandonment by the settlers; the settler and the corporation upon equal terms so fur as regards but the Land Department decided that instead of reverting to the admission to the courts of the country. railroad company it reverted to the Government and became again Mr. HOWE. If I do not embarrass my friend, I would like tosug~eat public land of the United States, subject to either homestead or pre thatithinkthatisentirelycorrect, thatthislawwouldnotbeafinality; emption entry. Such being the ruling at that time, other settlers in that, in spite of this law, any party who conceived that he had a right good faith took those claims which ·had been abandoned by former prior to and better than the right of the pre-emption or the homestead settler'.:! and complied with the law and rulings, and made the proper claima~t, would still be permitted to stand upon .that right and go proof; and now we ask that patents be issued to them. into the courts to vindicate it. The first objection that occurred to Mr: SARGENT. Does the Senator say that that is the ruling of me to this bill was that it waa a bill providing for endleaslitigation, or the Land Office now f unlimited litigation; and if we attempt ·to do a thing which we are Mr. HARVEY. I say that waa the ruling at the time to which this not permitted to do, to confer a right now which we have already section refers. conferred upon somebody else, we do not really benefit the new ~ir. SARGENT. But that ruling has since been chan{red. ~rautee, the homeatead claimant, or the pre-emption claimant, if he Mr. HARVEY. There have been, as the Senat.e no doubt knows, Is to be the party; we only insure him a lawsuit. And, now, would the at different times di.fferent rulings, conflicting rulings; and the Senator have any objection to letting this bill go to the Judiciary scope of this bill, and tho whole scope of it if he will examine it, Committee, so that they may examine this section in connection wit.h is simply to provide that those who at the time their settlements the existin~ statutes, for I am not familiar with them, either the wore made and their proof filed complied with the law and l'eglll.a laws grantmg homestead rights, or the laws making railway grants f tions then in force, shall be entitled to their patents. Would he have any objections to letting these statutes be examined Mr. SARGENT. This is now the ruling of the Land Office or it is by the Judiciary Committee, and wait for a report of that oemmittee not. If lt is not the ruling of the Land Office, as the Senator says, it upon the queation whether we are now attempting to meddle with is because on reconsideration they have overruled a former ruling. rights already vested under existing lawsf The former ruling, it occurred to me, without much examination of Mr. HARVEY. So far u.s I am concerned, I will say that I object this bill and of the case, would seem to have been right; that is to most decidedly, n.nd I think all the friends of this bill and of the say, where a thing had been actually abandoned it could not after pre· emption and homestead laws would object to having this bill ward be set up aa evidence of something which had no existence ; referred to any other committee now. It was reported, as I stated and therefore the ruling of the Land Office would seem to have been in t,he beginning, last June. I made endeavors several times to have correct. If, however, the Land Office now holds that it is a fair con it taken up for consideration then. Those gentlemen who desired to struction of all the laws of Congress that an old abandoned claim, discuss it were then aware of whatever objections might be urged which is dead, may be set up to create life in something else, then the against it, and then would have been the proper time to move its section is entirely unnecessary. · reference to tb.e Judiciary Committee. .Mr. HARVEY. The Senator certainly does not understand that As to what my friend from Wisconsin says with reference to its this se.ction attempts to revive an abandoned claim. simply insuring the settler a lawsuit, I will state that in my opinion :Mr. SARGENT. I understand it to make it a condition of the privi it is sometimes an advantage even to be able to have your rights lege granted to the subsequent possessor that there shall have been a · brought before a court for judicial determination. Without a bill former one abandoned; otherwise I see no necessity of mentioning • like this, these settlers have no such right even. that abandonment at all. Mr. SARGENT. If I do not embarrass the Senator, I should like Mr. HARVEY. It is simply this, that it provides for cases where a to ask for an explanation of the second section. His remarks so far grant was made originally, and at the time t,he grant was made these have applied to the first section; and, as I understand the rulings of claims which have since been abandoned were then occupied by set the La.nd Office, the first section does not change the practice here tlers who abandoned them afterward. tofore. I may be in error about that, but I have no particular ex Mr. WRIGHT. Will the Sena.tor from Kansas allow me to say a ception to the first section. It seems to me, however, that the second word in explanation of this section and also of the other section t section and then again the third section are liable to several con The VICE-PRESIDE:t\TT. Does the Senator from Kansas yield to structions. I call attention to this language: the Senator from Iowa Y That when at the time of such withdrawal as aforesaid valid pre-emption or Mr. HARVEY. Yes, sir. homestead claims existed upon any lands within the limits of any such grants which Mr. WRIGHT. AFJ I understand, the main object of this bill is not afterward were abandoned, and, under the decisions and the rulings of the Vmd to give to the settler any right that he has in fact, or in equity, beyoml Department, were re-entered' by pre-emption or homest·ead claimants who ha.ve what he now haB; but to so provide by law as that he shall have some complied with tht~laws governing pre-emption or homestead entries. evidence of that ri~ht, for the reason that, as the law stands now, Mr. HARVEY. I will state to the Senator that my understanding under the constructions given to t.he different railroad grants at the is, and I think the Senator upon considering it fully will see that the Interior Department, the railroad companiea take title either by tbe meaning of that is, that these claims were abandoned, not the grants. patent issued to the co~panies or nuder and by virtue of the terms Mr. SARGENT. But it says "grants which afterward were aban of the law, according to the construction thatis given; anu they thus doned." I think we need the services of the Judiciary Committee to have a patent, or that which amounts to a title in fee, or an eviuence pnt thi~ in legal language. from the Government of the United Statea that they are entitled to ?lh'. HARVEY. The abandonment there has reference to the pre tbese lands. They go into court as the law stands now, and having emption or homestead claims. If he will read the section carefully, thus this superior evidence of title, and the homesteader or pre-

/ 1875. CONGRESSIONAL RECORD. 265

emptor having no su~h e~dence, a~ a ma~e;r of cour~e ho h~ no.stand The VICE-PRESIDENT. The Chair hears no objection to that ~g in court. Now, m VIew of this condition of things, thiB bill pro suggestion. vides for three classes of cases-- Tlie letter is as follows: Mr. BOUTWELL. Do I understand the Senator to say that a DEPARTMENT OF THE h'TERIOR, GENERAL LAND OFFICE, standing in court cannot be based upon a certiiicate of entry in most lVashington, D. C., May 25, 1874. of the States f Sm: I have the honor to acknowledge the reference from you personally of WRIGHT. Certainly, it can, so far as a certificate of entry is House bill No. 3250, to confirm pre-emption and homestead entries of public Mr. lands within the limita of railroad g:ri!Dt.s in cases where such entries have been concerned; but, under the rulings .of the Department, as they st.all:d made under the regulations of the Land Department, which passed the Housellth now the certificate is canceled, or If not canceled, at all events It IS instant. clauhed that the railroad companies, in virtue of the construction If I correctly understand the purport :md intent of the bill, it simply proposes which has been given to the statutes, have the better title the face in the first section :to enact at this time a provision which in my judgment might in with propriety have been made a condition in all acts making grants for railroad of, and in opposition to, these certificates. purposes. I was about t.o say that t.his bill covers three classes of cases. In But as those laws have been passed, and rights have vested under them ae the first :place, the Department hold, as I understand, that the rail cord.ina to their express signification, and many of them have already been con strued'by the courts to fix fhe date of actual location of the line of the roads as the road grant took effect as against the persons whoaredescribedi?~he time when title vested to the lands granted, without regard to date of withdrawal, th~t first section of this bill1 actual settlers, from the time notice of I do not see how a legislative declaration at this time can defeat such right, or give the withdrawal of the lands from sale was filed or found m the local to settlers who have Unfortunately gone upon the lands subsequent to such date a land office; and therefore up to that time the actual settler had a right superior title to that of the railroad companies. Should the courts after all hold, notwithstanding such declaration by Congress, to go upon the laD:ds and make improvements. In many ~nstances that the bett.er title is in the company receiving the grant, great wrong will have in the West they did go upon such lands and make such Improve been done the settlers by inviting them to make further improvements, and receiv ments prior to notice of such withdrawal being fount! in the local ing further evidences o:f title by the issue of patent: land office. It occurred that afterward the Department rulecl that As the holding of certifi.cat~s of entry will in most of the States enable suits to be maintained for a judicial determination of the question of title, I am of the these grants take effect from the time that the railroad companies by opinion that it should not be further complicat.ed by the pn.ssage of an act that will the resolution of their board of directors determined to accept a par compel this Department, in violation of ib1 understanding of the laws governing the ticular line ; and then on each side of the line, ten miles or twenty adjustment of cases coming before it, t.o issue patents for claims that without the miles according to the grant, they took lands that had been thus set act would be deemed illegal and clearly in conflict with rights already vested at their inception. tled upon, before there was any notice of the withdrawal of. the lands The second section can have no application, for the reaaon that no necessity exists in the local land office. for the confirmation of entries permitted u;\'on lands excepted from the grant by Now it is provided by the first section of this bill that in such ca-ses valid claims existing at date of definite location; and if the withdrawal was subse the actual settlers shall have some eviclence so as to give them a quent to location of the road, a. claim valid at the date of withdrtlwal must have been also valid at the prior da.te, and entries made upon lands in that condition are ap standing in court. proved as a matter of course under t.hc present laws. If. the withdrawal was prior Mr. SHERMAN. I should like to ask my friend when the decision to the definite location, and the claim was abandon I'd prior to such location the De· wa-s made which gave effect to the mere resolution of a board of partment has not ruled that subsequent entries should be allowed; and if in any ~ ase such entry has been permitted, it has been in vioL'\tion of the rules, :md clearly directors without the knowledge of the Department or the knowl erroneous. edge of the Land Office 1 If these errors could be cured by le¢slation without conflict with vested right.'\ Mr. WRIGHT. Of the decision made by the Land Office I am not they could be reached without atldifiol)al legislation, under the acta of 1846 and prepared to give the exact date; but the decision thus made ha-s 1856, conferring equitable powers upon the Department. I am unaware of any cases existing in tho Department which would be affected affected numberless actual settlers in the West-ern States, and there by the third section, and see no impropriety in ita provision , unleas it may be is controversy and litigation now in the courts growing out of just held to revive claims already passed upon and settled, and disturb titles already such cases. passed out of the Government under previous adjustments, or unless-CongresB .MI'. SHERMAN. It seems to me that that decision ought to be may have revived some grant once expired, without making conditions for such claims, and have vested title without reserve in the company receiving it. In such before the Senate. It seems to me very extraordinary indeed that case I cannot recommend the destruction of legal titles for the purpose of recog the title should depend on an act within the knowledge of only nizing mere equitable rights founded upon misconstruction of law aml originating one party. in mistakes of either Department or legisla-tive officers. Mr. WRIGHT. There can be no question in my judgment but that The bill in its present form seems to be broad enough to cover cases running ba~k indefinitely, and to restore entries canceled /ears ago, wh ere lands have the true rule of law is that these grants never took e:ftect as against already been patented under the railroad grants, an where title may have been a actual settlers until notice of the withdrawal was filed in the Land matter of transfer for years between the successive assignees. If passed at all, it Office. should1 in my judgment, be confined to cases where patents for the lands or the .Mr. SHERMAN. Certainly; but it seems to me the Senator having equivalents for patents have not yet issued, leaving to the courts the control of titles after they have once passed from the Government. This office has no power charge of this bill ought to produce that decision. to compel the relinquishment of the outstanding evidences of title; and to author .Mi. WRIGHT. If there be any question as to the fact that such a ize the issue of two patent'\ for the same land, except in cases where the clearest decision wa-s made, it can be produced. legal ri~ht demands the issue of the second, only serves to bring contempt upon Mr. HARVEY. In respollSe to the Senator from Ohio, I will state the declSions and actions of the Government, to cast doubt upon every Umted States patent, and destroy confidence alike in Government officials and the public that in coming here this morning I was under the misapprehension records. . that the resolution introduced and discussed yesterday would prob While I very much desire that some relief may be granted to the settlers, I can ably occupy the time; but finding an opportunity this morning to not recommend the sacrifice of vested rights to accomplish. the object. By way of bring forward the bill, and at any rate learn what objections could inducement, however, to the railroad companies to yield to the claims of the set tlers, thls office has prepared and recommended a bill, Senate No, 606, which was be urged against it, I mo>ed to take it up. I can furnish at another also offered in the Rouse, (No. 2630,) and with amendments passed that body on the time, if necessary, the evidence that the Senator from Ohio is asking 4th instant, No. 3162. for. I thought those things were within the knowledge of every This will, if J?aBSed by the Senate, give to the great mass of settlers in railroad limits security m their homes by the withdrawal of the railroad companies from . Senat.or here, except, possibly, a-s to the particular date of certain de the conflict, and the acceptance by them of indemnity for the lands relinquished. cisions and orders. Not expecting to have an opportunity to bring Such, at least, is the opinion of this office; and from documents and other informa this bill forward to-day, I have not the dates and the memoranda at tion which I have received I have no doubt that tho companies will gladly avail hand. I themselves of the opportunity of thus relieving the settlers along thelr routes on whom will depend in a great measure the local support and traffic of the roa

nies had taken lands in place of those which thus belonged to actual Mr. WRIGHT. I only desire to any that it may be that there are sottle1'S or pre-emptioners. The Department decided that these lands provisions in this bill which ought to be amended. My own opinion thus abandoned by the actual settler belonged to the General Gov is that so far as the point now made by the Senator from California is ernment and did not go to the railroad companies, and therefore concerned, the failure that is here mentioned relates to such conditions they were open for market, and so persons settled upon them and as are conditions precedent, those npon which the vesting of the title took pi:e-emptions and got homestead rights. Afterward the De depends, and not to provisions that may be in the railroad laws touch partment decided that these lands which were thus abandoned by ing the performance of conditions subsequent to the vesting of the the per ons in possession at the time the right of the railroad com ~rant. But whether that be so or not, all I have to say now is that pany attached to the grant belonged to the railroad companies, and m my judgment there will be found in this bill ample ground and th:rt therefore the settlements by subsequent pre-emptioners or room for relief for these people. I think it eminently proper that homesteaders must fail them. They have thus lost their property, Congress should do something with this subject, and thus prevent the or at least by the decision there is danger that they will lose their dispossessing of persons who have fair, honest, and just titles, in my property; and these lands which were +;bus aba.ndo~ed and allowed jud~ment, and who have mane improvements upon land amounting to be settled upon by second pre-emp~oners go to the railroad com to tnousands of dollars and been stripped of all by these conflicting p:ctnies, and also the lands they took m place of those settled upon decisions of the Departments. or abandoned. The VICE-PRESIDENT. The Senate will now resume the consid Mr. SARGE~""r. I asked the Senator from Kansas a question as to eration of the m:lnnished business of yesterday. the second section, because I thought there was an ambiguity in the MESSAGE FROM THE HOUSE. la.n ll'Uall'e of the section, and he informed me that the proper construe tim~ of it, or the intended.construction of it, was that the pre-emption A message from the House of Representatives, by Mr. CLINTON and homestead claims should have been abandoned. .My friend from LLOYD, its Chief Clerk, announced that the House had pa.ssed the Oltio [Mr. SHERMAN] says the language of the section means that the following bills; in which it requested the concurrence of the Senate: railroad grants shall have been abandoned. That certainly proves A bill (H . . R. No. 4162) granting the right of way and depot ambill'uity. I should like to have the Senator from Iowa tell us what grounds to the Oregon Central Pacific Railwn.y Company through the c~nstruction of that section is as it reads. the public lands of the United States, from Winnemucca, in the .M:r. WRIGHT. I have just endeavored to do so. 1\Iy construction State of Nevada, to the Columbia River, via Portlo,nd, in the State Ore~on; is that it relates to homestead or pre-emption ri~hts that h::.ve been of abandoned. The third section covers another c1a.ss of cases: A bill (H. R. No. 3912) to reduce and fix the Adjutant-General's Department of the Army; and That all such prs-emption and homestead entries which may have been made by A bill (H. R. No. 4126) authorizing the Citizens' National Bank of permis ion of the Land Department, or in pursuance of the rules and instructions thereof, within the limits of any land grant at a time subsequent to expiration of Sanbornton, New Hampshire, to change its name. such gmnt. USE OF THE ARMY IN LOUISIANA. It has occurred that many of these grants have lapsed, so to speak, The Senat.e resumed the consideration of the resolution submitted aud subsequently Congress has revived them, or has continued the yesterday by Mr. THURMAN, the pending question being on the time within which the company might complete the improvement. amendment of Mr. CONKLL.'I\G. 'fhe lands having been forfeited by reason of the failure of the com Mr. WEST. I have no doubt, Mr. President, thn.t the Senate is pa,uy to comply with the law, in many instances these lands have more anxious to vote upon this proposition than it is to hear· it fur been restored to market, and persons have entered upon them as pre ther discnsse::l i Lut there were assertions made in this Chamber yes emptioners and homesteaders, and subsequently, in virtue of the legis terday that it IS incumbent upon some Senators to controvert with lation of Congress, it is held that the grant has been kept alive all the snch testimony as they have before them. time, and as a consequence the settlers lose their property. The range of discussion upon a simple, formal amendment to a Without saying more, this is very briefly what I understand to be resolution haa become an arraignment of the President of the the purport of the bill. United States for a malfeasance in office; and some Senators with .Mr. SARGENT. I should like to have a word of explanation as hot baste are prepared, with the meager information that bas been to the last clause: submitted to this body, to pa.ss judgment upon the Chief Magistrate All suoh pre-emption and homestead entries which have been made by permis of this country. He is boldly charged with such a malfeasance as, if siou of the Land Dev.artment, or in pursuance of the rules and instructions the facts were presented to us through the legitimate channels, tllereof, within the limits of any land grant, at a time subsequent to exp~ation of such grant, or- woulNew Orleans, what it does mean, it ought to go to the Judiciary Committee for the not by the order of the Secretary of Wa,r, not by the order of his commanding ofli. very purpo e of correcting the language and to consider whether the cer, General Sherman, bnt the Pr ident, disregarding the e tablished organiza. other considerations I have mentioned mu,y not also bo worthy of tion repr nt.ed by the 'Var Dep:utment and the chief of th Army, sends to the city of New Orlt ans hi.q faithful pernonnl aUhorout Lo colllllh'l.Dd that portion of the ~I cousideration by that committee. A.rmv which happens to be in that c~ ty. · 1875. CONGRESSIONAL RECORD. 267

He says" We all know that.". He make~ that ~ssertion here. that Senator know! I read from the statutes of Louisiana of 1870. First, we do know it. He may know It, or possibly believe so ; but if he I will quote, to show tile analogy between the methods of organiza only believed so he should not have ~aid that he kne~ it. Let ~e say tion, the statute of the United States providing for the organization to my friend that although the President of the Umted States may, of the House of Rep:::esentatives here. The act of March 3, 1833, from the fact of his military training, make mistakes in his civil pro says: ceedings-and I am not here to excuse them, much less to accuse him That before the first meeting of the next Con~ess, and of every subsequent of them-but do not let him set his heart upon the supposition that Congress, the Clerk of the next preceding House o't R.epresentativcs shall make a the President of the United States ever makes a military mistake. roll of the Representatives-elect, and pla.ce thereon thd names of aU persons, and of such persons only, whose c.redentials show. that they were regularly elected in General Grant never made a militn.ry mistake, and some of the gen accordance with the laws of their States respectively, or the laws of the United tlemen on that side of the Chamber know it. What was his course States. in sending General Sheridan to New Orleans T What wa.s his author- We all know what the process is. The Clerk of the old House . ity in the premises, to begin with! Let us refer to the Army Regu calls the roll, and no member whose election is disputed, or who fails lation • What do they say T to produce the customary and legal certificate, is allowed to take his Orders are transmitted through all the intermediate co:m.m..1.nders in the order seat or ha,s his name placed upon the roll. Take the Legislature of ~~~ . the State of Louisiana. What does the law say there f But there might be emergencies, and this very regulation contem That it shall be the duty of the seci;etary of state to transmit to the rJerk of the plated such emergencies: house of representatives, and the secretary of the senate of the last General As When an intermediate commander is omitted, the officer who gives the order sembly, a list of thE) names of such persons as, according t{) the returns, shall have shall inform him, and he who receives it shall report it to his immediate superior. been elected to either branch of the General AMsombly; and it shall be tho duty of said clerk and secret..'ll'Y to place the names of the representatives and senators There was not a question in my mind when I heard the assertion elect, so furnished, upon the roll of the house and of the seilllto respectively; and of the Senator yesterday but that all the forms of law and military those representative:: and senators whose names a.re so placed by the clerk and usage had been complied with in directing General Sheridan to go to secretary respectively, in accordance with the foregoing provisions, and none other, New Orleans. I felt prepru-ed to make that assertion here to-day, shall be competent to organize tho house of represent:l.tives or senate. and happily just before I opened my remarks I found the Secretary Mr. SHERMAN. When was that passed f of War here on the floor, and I asked him if I made such an asser Mr. BOGY. Will the Senator permit me a question f I would ask tion would it be warranted by the facts. "Most assuredly/' said he; him if this mode of proceeding was not strictly observed in this very aud putting his hand into his pocket he produced the acknowledg case, tha~ the secretary of state transmitted to .Mr. Vigers, the chief ment-which I would like tohaveincorporatedinmyremarks-of the clerk of the former house of representatives, a list of the duly re General of the Army that he was communicated with, and that all the turned members of the Legislature f That list was received by him, forms of the law were complied with. So much for General Sheri and read by him; and with that list the house was organized, and dan's presence, and so much for one of the assertions made by the thus being organized, they elected a temporary chairman, Mr. Wiltz, honorable Senator from Missouri. and, after the organization, they took up the case of :five members Mr. HAMILTON, of Maryland. Let us hear that acknowledgment who had not been returned by the returning board, but whose case re~ . had not been rejected by the returning board but which had been The PRESIDING OFFICER, (Mr. .FERRY, of Michigan, in the chair.) referred specially to the Legislature for the action of the Legisla The Secretary will read the paper. ture; and that Legislature, thus being legally organized, admitted The Secretary read a.s follows : those :five members whose seats had not been rejected by the return HEADQUARTERS ARMY OF THE UNITED STATES, ing board, and who had simply not been admitted by the returning Saint Lo--O.S, Missouri, December 30, 1874. board but had been referred to the LegU.lature. That is the infor GENERAL: I have the honor to acknowledge r ;pt of your confidential commu· ·mation which we get through the public press, and I have seen no nication of Decomber 28, with inclosures. contradiction to it whatever in any paper. Your obedient servant, W. T. SHERMAN, General. Mr. WEST. If the Senator had not interrupted me, I shonld have ~n eral W. W. BELKNAP, made that statement to his satisfaction, aud answered his question by Secretary of War, Washington, D. a. this time and shown him how entirely he is at fault in this case, as Mr. WEST. Then as a matter of fact, Mr. President, that letter is well as in the other that I have just cited. The Senator from Ohio the acknowledgment from the General-in-Chief of the receipt of all asked me a question. the orders and all the instructions that were communicated to Gen Mr. SHERMAN. When was that act passed! eral Sheridan. Mr. WEST. In 1810 . . Mr. SAULSBURY. Will the Senator yield to me a moment! Mr. SHERMAN. Then the law ha.s been in operation four years f Mr. WEST. Certainly. Mr. WEST. Yes, sir. . Mr. SAULSBURY. That is simply an acknowledgment of a confi Then again, on the 16th of March, 1810, in order to provide for just dential communication. It does not state the cha.racter of the com one of the contingencies that the Senator has alluded to, the Legisla munication or whether it refers to all the orders that have been made ture passed the following act: or not, or to what it related. It may have related to something en That for the purpose of facilitating the organization of their respective bodies, tirely different from that. the secretary of the senate and the chief clerk of the house of represent-atives shall Mr. WEST. When this resolution passes, and when all this infor hold over and continue in office from one term of the ~neral.A.ssembly to another mation is laid before the Senate in due form, the Senator will be until their successors are duly elected and qualified. gratified with the statement of the fact that that was an acknowledg So that the officer calling the roll on that occasion wn.s the officer ment of all the orders and all the communications that were sent to provided for by law, and he was proceeding according to the statutes General Sheridan, or copies of them. That is the fact, and I know it to call the roll of the membel'S certified to him by the secretary of state t-o be so. and none other. Now we know the state of turmoil, disorder, almost anarchy, that Now, what would have been the result of an acquiescence on the existed in the city of New Orleans on .Monday, the day of the inaugu part of the minority in that le~al proceeding f It would have given ration of the new Legislature. We know that that population was tlie majority of the organization of that House to the republic;:~.n rising en nWlSse, prepared, if they had not' been effectively restrained, party; but not satisfied with that, the opposition saw proper to ex to ropeat the outrages of the 14th of September. . Proper precautions temporize an organization in violation of law, in violation of usage, were taken through the military arm of the Government to prevent in violation of precedent, and to turn that body into a mob, which such an uprising. No one can take exception to that. I think the they did. The accessories to that outrage were promptly on hand. Senators on the other side of the Chamber will agree with me that it They were there ready. was for the best interest of the people of Louisiana. that the power of :Mr. BOGY. Will the gentleman permit me to interrupt him again, the Government in its military capacity should be exercised in that for really I am an honest seeker after the truth in this case f direction. But they take exception to what the military did; they Mr. WEST. If the Senator will not interrupt me I will show bini say that the President of the United Stn.tes forcibly, by the instru all the facts. I am not going to make an assertion unless I can prove ment:ilit.y of his subordinates in power, ejected from the House of it right here. Representatives in Louisiana duly-authori1.ed and elected members. :Mr. BOGY. I am only asking for information. I should like to be '!'hey quot.e from the evidence as it comes to us, and by that evidence set right if I am wrong. I should like to learn from the Senator, if I propo ·e to hold them. The Senator from Missouri says from the he knows the fact, whether the organization of that Legislature waa infOimation which has been received. If he has any other sources of not in exact conformity with that law; tha.t is, that the members of information he did not submit them to the Senate. Consequently I the Legislature were called over by the late clerk of the house, Mr. conclude that he spoke from the information that was available to Vigers, and the' organization took place in exact accordance with us all, namely, the public press, and from my knowledge of that that law, Mr. Vigers and t.he secretary of the senate remaining in country individually I am willing to be responsible for what I say. office until their successors were duly elected. :I'he house being le What does the Senator say' That he, the President of the United gally organized, a clerk was elected, a chairman, a temporary speaker States, did exclude from the halls of the Legislature men who were was elected, and the house had a legal organization in exact accord rightfully elected to the Legislature. , The Senator made that charge ance with the law which the gentleman has read. If I am mistaken clelibcrately, and he has deliberately repeated it. Now, what are the in that I should like to be corrected. I do not want the conclusion facts of the case, .Mr. President-because I think some of the facts in of the ·senator; I want the facts to be stated.; and those are the facts the case ought to go to the countq, as well as the charges! How is that we have read in all the papers that have said anything on that the General Assembly of the State of Louisiana orga:uized 1 Does the subject. 268 CONGRESSIONAL RECORD. JANUARY 6,

:Mr. WEST. Mr. President, I always yield with that customary potent even to call the yeas and nays was competent to pron01mce courtesy clue in this Chamber to a Senator to ask a quest.ion. I will upon the disputed claims of five members of that body I Where is only say to my friend from :Missouri just this: If he sits still in pa the consistency in such a proposition as that! The chairman per tience I will show him how that organization was made, and I propose emptorily refused to put the question on the yeas and nays, but to show him that it was made directly in violation of that law. I declared the motion carried on the simple assertion that a majority say they extemporized an organization there unknown to our law, was in favor of it. Then there was your house organized, the repub unknown to our practice, and unknown to the practice of the other end licWls withdrawing with the exception of two, leaving the body short of this Capitol. I say they did that willfully and as a mob, and as a of a legitimate quorum. A quorum of the Louisiana Legislature is mobtheyweredealtwith. Now what werethefactsf The clerk called fifty-six. Then it permanently organized with those five members the roll. Mr. Vigcrs is the clerk of the house and the legal officer until present. he was substituted by another and another officer put in his place. He Mr. BOGY. Will the gentleman :illow me to interrupt him f ca1led the roll. He found one hundred and two members there. The Mr. WEST. If the Senator will pardon me I think I will tell him democrats were in the minority, but a member in the hall took the floor the whole story before I get through, and if he wishes anything more and put the motion that the house organize temporarily by the elec he will find opportunity at the conclusion of my remarks. tion of a speaker, and the motion was declared carried by acclama Mr. BOGY. I merely wish to ask the Senator a question. I should tion. The temporary chairman it should have been, if there could like to know if there were not troops there T have been any such temporary organization, but they said temporary The PRESIDING OFFICER. The Senator from Louisiana declines speaker, and never waited for the clerk to put the motion, never to be interrupted. waited for a division, but by resonant ac~;lamations foisted a man Mr. WEST. That body then went into an organization and an into his seat who immediately assumed the reins of power there and election for speaker, Mr. Wiltz saying in his own testimony to a. with what result f Take him by his own proposition, and what did newspaper representative, that is, the correspondent of the New he dof York Herald- Mr. MORTON. May I ask the Senator a question t Fifty-five votes were cast for me; 2 were cast for Hahn; and I voted bla.n k, Mr. WEST. Yes, sir. making 58. Mr. MORTON. The clerk of the old house being authorized bylaw Consequently he was three short of a legitimate majority of that to organize the new one, they permitted the clerk of the old house house, or of a. majority sufficient to organize. There were only fifty simply to read over the names, and then they ousted him entirely three members there entitled by their credentials to a position. What from his position and took the organization out of his hands and pro then was the intervention by the military authorities Y How did the ceeded with it in a way unknown to the law, and in violation of the troops get into the State-house f Who asked them to come there f law, by the appointment of a temporary chairman, an officer unknown I must quote again from these newspapers that we have. Governor to tbe law entirely. Is not that the fact f Hahn testifies: Mr. WEST. That iQ the fact, Mr. President. To carry those pro I do not think General De Trobrirl.nd entered the house until the resolution ceedings into the other end of this Capitol, what would be the 1·esult was passed appointing a. committee of three to ask the presence of General De Tro we all know. Now, recurring to this caae somewhat upon newspaper briand, who restored order in the lobby, according to the request of Mr. Wiltz. testimony, our friends on the other side are adroit in quoting what Is there anything to controvert that in your testimony Y may contribute to their side of the question; and if they see proper Mr. SAULSBURY. Will the honorable Senator allow me to say a to ignore what comes 'l.dverse to them, I do not propose to follow their word f · example. Among the telegraphic dispatches we have one to this Mr. WEST. Yes, sir. effect: Mr. SAULSBURY. I wish to call his attention to the fact that he Congressman PoTrEa.- was there for the purpose of keeping order with the police force in the lobby, not for the purpose of interfering with the members of the A gentlema-n whose statement will not be discredited, I expect, by house on the floor\ our friends on the other side of the Chamber- Mr. WEST. That is the Senator's idea. Let us see what he was Congressman Potter was present during the ooup d'etat by Wiltz, and discour there for. He was first requested to maintain order in that body by aged such proceedings. He declared that Wiltz could not lawfully hold the position, the so-called democratic majority in it. Ah, yes I the employment of and would harm the democratic cause. the troops for. that particular occasion was not unacceptable to them; It is not exactly fair that everything to the prejudice of the action but when t.heir orders went further than that, and were to eject from of the republicans should be quoted here without quoting what is that chamber men who were not entitled to be there, then exception said on the other side of the question. is taken I What more right have these five men inside of the lobby than Now, let us go back to the condition of affairs au a critical moment the fifty men outside f On the contrary, they had less right, because in that house of representatives. There were there one hundred and they were in a position where they could do harm, which was not the two members duly provided with their certificates of election. There case with the outsiders. Then, when General De Trobriand, pursuant were other members contesting. There were also five members who to his orders to evict from that chamber men wrongfully, illegally, vio had no certificate, and they were there by sufferance and by an under lently there, proceeded to eject these five men, :what exception could be standing that they would abide by the decision of that house upon taken to it Y Suppose five men were to come into your Chamber here their· credentials as the constitution provided. There were not and you were surrounded by such a mob that the ordinary officers of enough members there to give the organization to Mr. Wiltz. Con this organization were insufficient to maintain the peace and the dig sequently this coup d'etat to which this friend POTTER takes exception nity of this body, would you object to seeing that mob evicted by an was inaugurated and carried into effect. We know how easily that armed force if you knew they had no right to be here T Then what can be done. At any public assemblage get you the strongest lunged becomes of the assertion of the Senator from Missouri that the Presi and the heaviest booted friends on your side and you will be very dent evicted men lawfully elected from the Legislature of Louisiana f apt to carry a mea.sure unless the yeas and nays are called. The What is the evidence of it Y How does he know that they were law motion was put by some member of that assemblage that lli. Wiltz fully elected f Because that mob, without the warrant of law, chose be declared speaker pro tempore or chairman. Have we got a par to say that they were I allel to that in the history of this country f Yes, we have one. I think, sir, it is clear, as far as the testimony is now before us, that W-e have one in the inauguration of the Twenty-sixth Congress the action of the military in this case has been such a.~ was entirely in 1839; but how far does the parallel extend f In order to pre warranted by the necessities and by the law of the case, and I bere serve order, in order to secure the necessary decorum for the tr3Jl8- a£Bert that the charge that the President has been guilty of malfea action of business, Mr. John Quincy Adams, at the opening of the sance is not borne out by the facts, but on the contrary is entirely Twenty-sixth Congress, was declared temporary chairman of that controverted by the evidence now before us ; and I state that the body; and what was the occasion for that temporary organization f further charge, that he did trrrn out men from that Legislature who Because in the House of Representatives-as now in the house of were lawfully entitled to be there, falls to the ground with the very representatives of Lonisianar--there were pending five cases of con evidence upon which it is made. tested election. Did Mr. Adams declare those members entitled to We shall get all these facts. They will come before us. No man their seats· and thus give a majority to his friends! No, sir· the on this side of the Chamber will hesitate, I believe, to vote for the question of the claims of these gentlemen to seats was never considered resolution with or without an amendment ; but we do not propose to there until that body was permanently organized, and they never be tried on a case of this kind by such evidence as we have here, and were acted upon for ninety days afterward. All due deliberation if we are forced to that trial we propose to defend ourselves upon that was taken, all proper inquiries were instituted and carried into effect evidence. to protect the rights of the voters in that case ; but with sharp and Now let me say one word to the Senator from Ohio, who took occa hasty decision the president of this body submits a motion that is sion to remark that the great wrong done to Louisiana was when the offered by some member of the house, and declares those gentlemen government of Governor Kellogg was foisted on her people. He quotes entitled to their seats without any evidence, with nothing before the freely and with evident satisfaction from a report made by a commit body except the common rumor, which the Senator knows about, tee of this body going to show that the election of Governor Kello~g that they were elected. And what was the occasion for their being was n_ever substantiated by returns, and next that his installation l>y declared elected t In a very short time afterward, before the per the Federal power was a usurpation. We must then conclude that if manent organization, as I take it, was entered upon, some question Governor Kellogg should not have been there Governor .McEnery arose and the yeas and nays were called for, and this speaker pro should have been put there. That is the logic of the Senator's propo _tempore forsooth declared that that body wa.s not in a condition to eition, that if Kellogg had no right there McEnery had ; and how far either demand or take the yeas and nays. A body that was not co.m- is he warranted in that_assertion bv the reoort of the committee f 1875. CONGRESSIONAL RECORD. 269.

He makes the statement that it was McEnery's right to be governor· from house to house, and by duress and force required men who were of that State; that is, he makes it by inference, because he says that averse to it in their sentiments to sign their organization and become it was wrong for Kellogg to be. Now, on what does McEnery ba.se members of it. And in some instances where they refused to do it his right, that right having been thoroughly investigated py y~ur they were surrounded. with a cordon of spies, intercepting every cus committee T I read from the report of the Senator from WISconsm, tomer from the country "Don't go into that man's store and boy goods [Mr. CARPE~ER.] In speaking of the testimony before that com from him ; he would not join our White League." · mittee it says: That is the reign of terror that exists in Louisiana. That is one of the reasons why whenever there is an ebullition in that State you see If the Senate should be inclined not to go behind the official returns of the elec tion, then the McEnery government anif legislatnre mnst be recognized as the that the so--called w bite people are always unanimous. Sir, they dare lawful go-vernment of the State, and McMillen, if re~larly elected by. that legis not be otherwise. No matter how much they maybe disgusted, how lature, should be seated in the Senate in pla-ce of Keuogg. But your. committee much they revolt at these measures of their associates, they are com believe that this would be reco~g a government based upon fraud, m defiance pelled, every one of them, to fall into line; their lives anu their busi of the wishes :md intention of the voters of that State. ness are worth nothing until they do. Can you expect anything lik.e Consequently a Senator rises in his seat and says that a man is a toleration of sentiment there with such a state of things as that~ entitled to be governor of the State of Louisiana whom a committee And then how is it with the colored people Y What is the reason of your body has declared was not governor and that any attempt that our opponents are congratulating themselves that a division has to put him there would be through fraud. There is no avoiding the sprung up in the ranks of the colored people and that they are now logic of that proposition. It Wa8 either Kellogg or McEnery. The commencing to vote the democratic ticket T The evidence so f.ar as report concluded that there was an insufficiency of title in the Kel taken shows that this is the fact to a very limited extent.. But I ask locrg case, but the report determined that McEnery had no title and you how much faith would a white man have in the principles or the th~t whatever title he presumed upon was so tainted with fraud as power or the good faith of a party that for six years allowed him to to entitle it to no consideration whatever; and still the Senator from be slaughtered with impunity and never raised its hands to protect 0 hio says that was the lawful, that was the legal, that was the legiti his life 'f Show me an instance where a colored man's memory or his mate governor of the State of Louisiana, when the commit~e h!ts fate has been vindicated by the punishment of his slayer. Show me reported that to have installed him there would have been in viola one instance. Not one can be produced; but what do the records tion of the wishes and desires of the majority of that people. show with reference to my State f What do the congressional in It is not a pleasant thing, Mr. President, to speak of the events that quiries show f What does the legal testimony on file here tell us! Not have transpired in the State of Louisiana, and I am cert,ain that, counting the dropping mnrdersfrom time to time, I can point out to you should it ever come to the cognizance of the Senate that through any from congressional documents that over three thousand lives have been manipulations or chicanery of a returning board, the voice of the peo yielded up as a sacrifice in my State for the vindication of political ple has been suppressed and their true verdict ha.s been distorted, opinion ; and you talk of peace in Louisiana! There is no peace such action will tind no supporters in this body, least of all from me. there, and this war will go on and the people down there will suffer But I do contend that the law of the land shall rule, and that we shall from it and they will become impoverished and beggars and they live by it one and all, be it in our favor or against us, as long as it is will cry to you for help, and they will come up here when their lands the law of the land, and it is a pitiful sarcasm to talk about the con are overflowed and beseech your charity, and that thing: will go on dition of peace that rei~ns in Louisiana, or that has reigned there for from year to year and from generation to generation until they admit years! 'Vhat does all tile testimony that has been submitted to your that a man can be just as good a lover of his country if he is a repob Congress show, with reference to the condition of affairs there? Tur~ lica:n as he may be if he were of the other political faith. bulence, anarchy, riot, murder! Can any man point me to a sin_gle .Mr. President, I seldom speak of the troubles in my State. I instance in the jurisprudence of that State where any individual bas always do so with reluctance. It is not a pleasant thing for me to ever been arraigned, even arraigned in the State courts, for what may expose all that occurs there. It is not an agreeable thing f.or me to be called political murded No, sir! There is no law there but arraign any portion of the people of my State for their crimes and the law of brute force; there is no peace, there is no tranquillity, for their mistakes; but I say let the truth come to the world; let it except such as is secnred by the all-potent l!_rm of the Federal Govern be understood that there is that determination, not only in my State ment. And, until the people of Louisiana, as they call themselves, but throughout the Southern States generally, to utterly obliterate make np their minds to tolerate that difference of political opinion every vestige of repubii.canism within them, to utterly ignore the which is essential to the organization and the maintenance of all free constitutional amendments, and finally to set at defiance all Fed government, they will have no peace, and they do not deserve it. eral authority and to make it a question whether your statutes What is their condition to-day, and what has it sprung from! Is can be enforced within their limits. The step that is now en it doe to political causes alone T If it is, I am prepared to show that, deavored to be taken is .but one step in the direction to such in the ~haping and ordering of politicalevents, onradversariesthere an overwhelming control of the southern section of this Union as had been quite as potent as we have been. It is due to a variety of will trouble you in 1876 when you come to deal with it; and if you causes, aggravated, I will admit, by political wrongs, which loudly do not deal with it efficiently and effectually now, you may look for call for redress. Why are the people of Louisiana to-day impover ward for such troubles at the counting of the next presidentin,l vote ished T Why are they taxed beyond their enclnrance, as they say Y as this country has never seen. Why does the once-busy ma.rt of New Orleans to-day lie idle, almost I do not wish to be a prophet of evil ; but as far as my intelligence deserted 7 Why are stores vacant there T Why are business enter ena.bles me to judge I say that republican institutions in this country prises failing T You say political causes. I admit political causes, are in greater peril now than they were in 18GO. When I speak of combined with other inevitable causes of an entirely different char "republican institutions," I do not use the word in a party sense, but acter. The State has been overflown. Twenty-three States have I say that all that is dear to us in the organization of our Gov~rn- · poured their waters upon us. Her people have been impoverished by ment, all that is dear to us as Americans and citizens of the United the failure of their crops. Business has abandoned New Otleans and Stat-es, is now being gradually sapped, and insidiously sapped, in a way sought other marts. The market of Snint Louis to-day absorbs calculated to effect complete ruin. I hope it will not be so. nearly all the custom that we ever had in New Orleans. Is that due Mr. President, I have endeavored to controvert the assertions that to political causes alone T What are some of these political facts~ have been made on the other side of this Chamber; first, that the One of these political facts is that if any man professing republican President of the Unitecl States has acted entirely without warrant of principles dares to go down there and endeavors to earn his living law, and next that either with or without law-he haa done an un in a legitimate way, he is accosted on all sides by the epithet that he lawful act. I think I have satisfied the Senate, at least I have satis is a "carpet-bagger" and a "Yankee;" and he is ;not allowed to do fied myself, on these points. business in that city 11pon fair and equitable terms. That is one of 1\Ir. GORDON. ~!r. President, I do not propose to reply to the speech the political causes of the depression existing in t.hat city; and so it juBt delivered. I am quite willing that it shall go to the country and will be a.s long as it shall be a cardinal and orthodox principle of the be its own answer. It was not my purpose originally to participate ruling and dominant party in society there, that no man is fit for an in this debate, although repeatecUy nrged to do so by friends around associat-e if he dares to be a republican. I clare to be a republican; me with whom I am united in sentiment and sympathy of feeling. I dare to dwell there; and I am no new-comer among them. But you Fearing that the cause of truth, of justice, and of a distressed people might as well undertake, Mr. President, to breathe freely and. suc would suffer rather than be benefited when defended by those of my cessfully in a little chamber asphyxiated with charcoal as you might class, against whom there exists in this Chamber so much of preju undertake to draw your breath down there, with all you have to dice and animosity, I felt that my duty to the people I represent contend against in Louisiana. The more prominent a man is in main required that I should suffer in silence the insults which Senators on taining his political faith, the more he is subjected to political odium the other side of this Chamber deemed themselves authorized to and opprobrium. You will find republicans down there tolerated. Yffi;; utter here. But, sir, when the people of my sec~ion are held op to they are republicans but in name. In the whole city of New Orleans the gaze of the civilized worl

Chamber of American Senators-the spectacle of a body of men with three of the thirty-seven States of this Union are now in democratic a common ancestry, proud of a common history, inheritors of a com han&. Does the Senator arraign them also f No; they are not o.f mon birthright of freedom, confronted by a common destiny, seek that class that the Senato1Js ire is directed against; but it must ing to pillory the reputation, the honor, the fair name, and of conse not be forgot.ten that these States and these democrats, North, East, quence the rights and the liberties of one large section of this cmm and West, were cia sed as sympathizers with the e southern semi try, before the civiHzed world. To say that I am surprised at such a barbarians, murd.crers, and ruffians, and we were told on yesterday spectacle would not express my emotion. I run utterly amazed that that those who sympathized with us were no less criminal. there should be found in the hearts of men with whom I daily associ Is life less safe in Georgia than in Indiana f In my own town there ate in this Chamber on terms of pleasant intercourse, so much of hate lives a man who sat in the Georgia honseof representatives and presided and vindictiveness and of the spirit of vengeance a~ bas been exhibited over it, without being a memDer of that body or claiming to be so in this debate. I was totally unprepru:ed for it; and if to-day I believed or pretending to have been a candidate for a seat in that body-pre that the expressions which I have heard from Senators' lips on this floor sided. over it while it was organizing uJ:tder republican rule. Yet he reflected the sentiments of the northern people I would be overcome lives, and no one molests or makes him afraid. He is as secure in his with despair, and feel that the time had come for republican govern person, as secure in his property and in his poli~ical rights, and. the ment to die. If the utterances which I h:ave heard are indica expression of his political opinions as is the Senator :D:om Indiana in tive of the policy which is in future to be pursued by this powerful the city of Indianapolis. Government toward the disarmed people of my section, then, sir, Mr. President, my humble belief is, and I say it with no asperity let us have done with this farce of local self-government at once of feeling, that no people in the history of the world have ever and forever. But I do not believe it. Sir, I do not believe that a ma been so misunderstood, so misjudged, and so cruelly maligned as the jority of the northern people ent.ertain the sentiments expressed upon people I represent on this floor. It is known to this country and to this this floor. I do not believe that the brave men w th whom we were body that since the war not a solitary arm has been raised throu~h threatened on yesterday, or any considerable pJl'tJon of them, cherish out the extent of southern territory against the power and authonty any such sent.iments. I believe that an overwhelming majority of the of the Federal Government by a solitary white man of the South, and American people, North and South, East and West, utterly abhor the yet we are charged because of riots at elections with manifestations spirit of animosity, of hate, and oppression manifested in this debate. of hostility to the Government of the United States! I believe that the day is coming when tJliH bet will be made mani A State government is overthrown; a committee of the Senate re fest. I believe that the movement inaugurated in 1872 under the port that the powf\rs which hold it are usurpers; the peoplo attempt lead of that laJ·ge-headed and large-hearted man of New York, to assert their rights with the broad declaration that they mean no intended to destroy this spirit, to produce a better state of feeling war upon the United States Government, and will acquie ce in its d.e between the sections, to enable the people better to know each other, mands; the Federal soldiery, who have no interest in the support of to bring fraternity to- the once opposing soldiers, and to inaugurate any political party, cheers the people as they move upon the usurpers; ·an era of peace, of good-will, and of law, will go on to its final con a conflict ensues; men are killed; and the southern people are branded summation, in spite of all the efforts to prevent it. aa murderers I And now, sir, I protest against any support which I may give to A band of mis~ided, deluded, ignorant negroes, armed, march the resolution now pending, as offered by the Senator from Ohio, upon converging lines in the dark hours of the night, with arms to being construed· into any discourtesy or lack of respect to the Presi murder, with hearts for plunder, and wagons and sacks to bear away dent of the United States. If this Senate is anything, it i8 the rep their spoils from a peaceful city; the whites arm for their defense; resentat,ive of the States, of their existence, of their integrity, of their a confl.ict ensues; men are killed; and. the South is branded as a independence. Its voice is the voice of the States; and when the band of murderers and assa~sins ! question of the overthrow of a State government is involved, I appre .A.fl armed bla-ck militia rides in arrogance over a country in the heud that this body may, without any qualification whatever, ask of midst of a disarmed people; rob, pillage,. insult, drag innocent citi the Execnti>e, a~ a co-ordinate branch of the Government, all infor zens from their beds at night, and. perpetrate crimes not to be de mation relative to the cause~ and circlliil.Stances attending so grave scribed on this floor; and when men resist, when they defend them and. startling an event. selves, their wives, and their daughters, and conflict ensues, the South Very much has been said about the President having control of the is branded as a band of murderers and assassins! Army, and we are reminded that be is its Commander-in-Chief, and Men are sent among us-1 do not care otherwise to characterize therefore bas the ri~ht to usc it. For one I am glad that the Presi them-who ha•v:e no permanent habitation, no interest, no property, dent is by the Consntntion made Commander-in-Chief of the Army. no sympathy w1th us, and whose sole purpose is to holcl the offices, to I am glad that this fact stands as a prominent evidence of the great gather our taxes, to levy our taxes, to disburse our taxes, to make fact which lies at the very foundation of our system, that the civilis our laws, to govern our people, and then to malign our people. We superior to the military-a truth which of late has been sadly lost protest; we strive by all the powers given us under the laws of the sight of. He is Commander-in-Chief of the Army by virtue of his land to overthrow their power and recover our rights; riots ensue, being the chief civil magistrate of the nation; and his authority as and we are charged with disloyalty to the Government of the United such civiZ magistrate is paramount to any n-,ilita1']J authority in the States, and outrage, and murder. land. His use, therefore, of that Army must bo in accordance with How long is this thing t.() last f How Ion~ are we thus to be the that civil law and the fundamental law upon which his authority rests. subjects of misrule and of misrepresentatiOn, the foot-ball with I did not rise to discuss this resolution, its merits, its terms, or the which political ad venturers play t How long is the American Senate questions involved in it. I rose solely for the purpose of replying to t.() be the stage for such scenes aa this 1 How long are the material the charges, and what I am forced to conclude, the gratuitous insults interests of every section to suffer by bankrupting the South, and the offered to the white people of the South by some of the Senators on very existence of our :free institutions endangered by the military the opposite side of the Chamber. support of political usurpers f It is char~ed that murder is an every-day occurrence in the South; We are told in one brea.t,h that in these States the republicans of that for political purposes it is becoming to be one of the institutions course elected their candidates because they are so largely a major of that country; that innocent blood flows in torrents; that the sti·eets ity, and. in the very next breath we are told that these republicans of cities are I'ed with the gore of victims slaughtered by the hands are intimidated from voting notwithstanding they have the govern of a lawless sont.hern democratic white party. My reply to that, sir, ment, the governor, the judges, the jurors, the sheriff, the militia, all is very brief. It i.s false. That murders exist, that outbreaks occur the appointments of the government, backed by armies and navies. which are indefensible, nobody denies. Nobody deplores them more Still republicans are intimidated I It does not matter what may be than I do, nor more than do the people of the South, whose fair name our minority; it matters not that we may have neither judge nor Senators seem anxious to consign to perpetual infamy. 'Ve have always sheriff nor constable nor governor nor member of the Legislature regarded and always said at home, abroad, and everywhere, that the still we intimidate! Now, sir, suppose it should be found that there acts of these misguided, deluded, and reckle&i men were not only was intimidation on the other side f I will read from a newspaper wron~, but destructive of the best interests of our people. But do these rep(>I·t. It ought to he good authority on the otbQr side. I read rare and isolated instances justify the branding the whole southern from a report furnished to the Chicago Inter-Ocean, in reference to the people as a body of assassins and murderers and semi-barbarians 7 examination in Alabama : The Senator from Indiana [Mr. MORTON] goes so far as to say that Luttrell had witnesses who proved that the Government bacon int~ndod for the murder exists all over the South. Is that true, Mr. President f No, overflowed country was sent to Opelika, distant seventy miles from tho ovel'fiowed sir; at least to no greater extent than it is true of the Senator's State. region, and that it was in char$0 of republicans and carpet-baggers' candidates. As long a~ fallen man is what he is, murder will exist. But I protest He traced threo thousand ponnus to one negro meeting-house, where, the dn.y before election, it was distributed to republican voters. No proof was required as to the here to-day, and I challenge refutation of the declaration, that wher destination. ever in the Southern States people of intelligence, integrity, and hon Some neb'l'Oes swore they had been discharged for voting the republican ticket, esty have control of public affairs, property and life and rights, political while others swore they had been beaten by republican negroes, turned out of thcir aml personal, are as secure as in the Senator's State or any State of t.his churches, and generally mistreated for being democ-rats. Other negroes testified that before the late election the republican C.'l.ndiclates Union. [Manifestations of applause in the galleries.] promised to divide the white democrats' land among them, and their furniture, The VICE-PRESIDENT. Order. bedding, and household property. The negro witnesses all complained tllat none Mr. GORDON. But the Senator from Indiana says "What an ad of their promises were kept. mission! Wherever the democrat get power they cease to murder; The general run of testimony, as far as ascertainable, was to the effect that not a republican meeting was disturbed by democrats in this county, but that riots and and wherever thE'y are defeated, they murder for the purpose of rows were frequent hetween tho two radic.ll factions, often resulting in bloodshed, gaining powert" Does the Sena.t.or forget that some of the Northern and once in death b:v a pistol shot. States are in democratic handst If I recollect aright some twenty- It was also proved- 1875. CONGRESSIONAL RECORD. 271

I commend this to the attention of my friends on the other side I am not unmindful, sir, of the gravity of the charge I have made. It was also proved by republicans that every caso of murder on the d_ocket here But, sir, history will yet write it down that I have drawn no ex was of :me!!To for the murder uf a nep-_o, being some fifteen or twenty m the past arrgcratetl picture of those men at the South who, year ~fter year cighteen months. Also that every official in thls. county ~d presiding judges were shice the war, have, like birds of prey, borne off on .their wings the republicans. It was proven th::tt in two or three mstanc~s m the late canvass a few spoils of ill-gotten office, and fattened upon the bleeding body of a nc•!l'OOS were kicked by some (lrnnken democrats, and It was also proven that no Utrlted Stn.t.es marshal notices these republican ilisturbances under the enforce· manacled people. ment act in this county. Why should we not desire peace f 1\ly advice to the people of the I want to read now 'a few lines from the testimony given by James South is to suffer anything until the returning good sense and good Connaughton, who was a candidate for the Legislature in Rapides feeling which I know will come from the North shall relieve them Parish, Lonisana : of these dreadful calamities by giving us the opportuuit.y of turn inO' these corrupt men out of power. The South is earnestly striving There were about fifty colored votes in the parish polled against him of the two 0 hunllred who voted- to bear these wrongs; but, smarting under insults off~red to her people by tlloso who claim to represent them, and goaded to madness Just one fourth- by actual suffering, I must be permitted to say that some indulgence The majority against hiin was three hundred, but he has been counted in by the returning board. ' should be accorded to those who are driven to the verge of despera tion. Now, sir, what does the Senator from Indiana [Mr. MORTO~] reply While we are all a.greed about these crimes wherever committed, to these proven fa-cts T Not a republican meeting in the county dis whether, as was recently the case, in one of the Western States, by a turbed; not a murder committed of the twenty within eighteen body of disguised men, or elsewhere, while we all deplore them and months but is committed by a negro; no intimidations by.democrats; all condemn them, it does not seem to occur to Senators that there is negroes vote the democratic ticket notwithstanding the Government any crime in the murder of the Constitution of om country, in the bacon argument used by republican officials, and are beaten and turned murder of a St&te, and the murder of the rights of an entire people. out of church for voting the democratic ticket-all these things and Bnt I have said enough on that point. We are also told that we a vast deal more proven by the testimony of ne()'roes, republican are flooding that country with arms. The Senator from Indiana saicl negroes, which in the Senator's opinion is worth, when the evidence on yesterday that there are a great many more arms in the Sou.th in pleases him more than all the testimony of all t.he white men in the the hands of southern whites than before the :wa.r. I know as much South. And what, I repeat, is the Senator's re~lyf "Lies. Lies of th~ about that as the Senator does. I live there; ho does not. I tell him As ociated ·Press. Nothing but lies." "Why,' said ho, "ten thousand he is mistaken. It is not so. The truth is that not one man is a1·mcd times ten thousand lies have been perpetrated to screen the South from now in tile South where a thousand were armed before the war. More the glare of the truth. All the Associated Press of the South are liars." than one-half of our entire white population are without arms of any Mr. President, I regard that as a libel on the Associated Press of the description whatever. Even old-fashionedclouble-baneled shot-guns South. I know as much about it as the Senator from Indiana, and as have almost disappeared. It is all r~~ht, in the opinion of the Sen a Senat.or and a man, reeognizing my responsibility to my country and ator, to arm the black militia. It is :w. right in districts where white my God, I say they are truths, every one of them truths, and not half men are in the minority ten to oue to clisarm them and to arm the the trut.h is told in the direction to which their testimony looks. Liars ! blacks; but whenever guns are ordered by white people at the South Are these colored republicans liars f Is this candidate from Rapides murder, murder, is the cry-assas.~ination, outrage, war against the Parish, who testifies that he was beaten three hundred votes, and Government of the United States, arethe words of alarm rung through that one-fourth of the negroes in his county voted against him, not this Chamber; and when thefact is proved that we mean no war, that . withstanding which he was counted in by the returning board-is he not a solitary arm is lifted in tile whole Southern States against the a liarf authority of theGovernment, that nowhere in its broad domain is its But, Mr. President, there are other witnesses besides these semi authority so complete as in the Southern States; and when a people barbarous sot:ltherners, who are reporters for the Associated Press. outraged by the usurpation which this very body has recognized, rise 'Vhat does the Senator do with the reporters sent ont from the city in their might and dash from them the ridiculous pret-ense of a gov of New York by the leading press of the continent f Are they liars, ernment which usurpers have placed upon them and yet make no war toof Are the reporters sent to New Orleans and to Alabama by the upon the Government of the United States, when the flag floats in Herald and the Tribune also liars't absolute triumph and dominion over every State and city-when all Mr. THURMAN. And the Times. this is demonstrated, what next Y Then we are told, "It is not against 1\Ir. GORDON. Yes; and the Times. Is the intelligent andscrupu the Government, but it is against the unfortunate black man of the lous correspondent of the Times also a liarf If so, why did not the South we war ;" and sir, this charge is as unfounded as the other. Senator charge itY These witnesses testify to the very same class of I appeal to every sout.hern Senator upon this floor to bear me out in .facts. Why does the Senator find it in his heart to charge falsehoods the assertion that until the men whose daily, rather nightly occupation upon the southern representatives, when if a falsehood existed its very it is to array for their personal ends tho black man against us came heart throbbed in the city of New Yorkf No, sir; the Senator trem into our midst, there was nothing but harmony and good will between bled before the power of the Tribune, and the Herald and the Times the races throughout tho Southern States. Are we enemies of tho and the Sun; and he dare not assail them. [Applause in the galleries.j black man T All over the South churches and school-houses staml The PRESIDING OFFICER, (Mr. SARGENT in the chair.) The to-day monuments of the liberality of the southern white man to the Chair will remark that applause in the galleries is entirely out of colorerfqisely the point- 272 CONGRESSIONAL RECORD. JANUARY 6,

1\Ir. GORDON. It does not matter what the RECORD may sn.y. ~ir. EDMUNDS. The Senator from Georgia, with great professions The· words were burnt into my memory, and will not "out." The of good will to man, and with a great desire, as he puts it, for peace Senator may seek to wipe them from the memory of this Chamber, ou e1.rth and in this country, has undertaken to arra4,crn me for hav but they will not "out." He said it. ing referren, in some remarks I made yesterday, to a period of time Mr. EDMUNDS. 1\Ir. President, the Senator cannot escape quite in this country and in his section of it, wheu manners were, as I so easily, if he is willing for me to say a word. I say I have not styled them, semi-barbarous; and misstating what I said, to accuse looked at the RECORD and I do not recollect using any such expres me of having described the white people of the Southern States as sion. If I did, I certainly shall not retract it. But the point which being semi-barbarous now, without any reference to the period of the Senator was undertaking to make upon me waa that I have insti time of which I spoke or the fact of the manners to which I alluded. tuted a comparison between the people of my Stato and my section, That may be, in the opinion of the honorable Senator, a fair statement a self-complacent one, and the people of his State and his section. in debate; no doubt it is. Our judgments of what is a fair are such Now, I challenge the honorable Senator to read out of the RECORD as the Supreme Beinz, to whom he so often app~als, furnishes us. any remarks of mine of that chara.cter. Mr. GORDON. Will the Senator allow me to interrupt him t Mr. GORDON. I think the Senator's remarks are not reported at all. Mr. EDMUNDS. Wit.h plea.sure. Mr. EDMUNDS. They are never retained and are never corrected, Mr. GORDON. The Senator is mistaken in his position. I did not so that the Senator will get exactly what I said; and if he can fish arraign him; I simply refuted an arraignment he made of my people. out of it anything of that chara-cter, then his ingenuity is equal to ?tir. EDMUNDS. 0, we will not quarrel about terms, Mr. Presi the audacity with which he makes statements respecting the position dent. The Senator seems-to be particularly unhappy that I should of other Senators. have stated that the manners of a certain old time were semi-barba l\Ir. GORDON. I never make a statement for which I do not stand rous. He seems to be disturbed at the idea that persons who profess responsible. I took down the Senator's words at the moment he refinement and Christianity should speak of such a state of things uttered them. or suppose them to have existed; and in the next breath almost the .Mr. EDMUNDS. Undoubtedly responsibility is a good thing. honorable Senator here, not in the street, not in a grocery, not on the Mr. GORDON. The want of it sometimes is a very excellent thing. field of battle, but here, repeats a phrase which has acquired a very Now, sir, I will quote the Senator from the RECORD. The Senator's definite meaning, I believe, and which I think most men nowadays words were these : regard as bordering upon semi-barbansm; and that is, that he is When I see, Mr. President, as I have not yet seen, that the l?eople as the:y cal responsible for what he says. Was there any great occasion for that Y themselves, the white·leaguers, or the white democrats, or the white conservatives, Does it not a little remind you, Mr. President, (the Vice-President in or whatever they may be, of any State in this Union, when they find that any of the chair,) of times that are within your recollection and experience, their associates have committed assassination or murder or wrong upon their fel low-citizens for no cause but opinion's sake, turn upon him a.s in Ohio they would when predecessors of the honorable Senator, and those who in those turn upon him, or in Vermont, without respoot of party, and bring him under the days thought like him, were in the habit of making use of the same heavyhand of justice, then I shall begin to have some faith that our southern phraaes when they had not any better arguments, that they were brothers, who it seems have not yet forgotten the old manners and ways of semi responsible; th:tt is to say, if they could not maintain here precisely barbarous times, have thought better of it. what they wished to maintain, they would fight it out by the duellof Does the honorable Senator now charge me with audacity t 0, Mr. President, what an idea of refinement, of peace, of culture, Mr. EDMUNDS. 0, yes, I said tha.t. of that gentility which characterizes my honorable friend, a.s 1 know Mr. GORDON. Then, Mr. President, where is the audacity with perfectly well must exist in his mind, to put me up here on the gibbet which the honomble Senator charges me 7 Is it audacious to bring of public derision and scorn for speaking of the manners of the times the Senator before this body upon a charge which he himself now of the institution of slavery, and in connection with it, as semi-bar a

who either led them or forced them or persuaded them into the act numbers of human lives are sacrificed in these disorde1'8 without the of rebellion to which I have referred. But no man bas been more bringing to justice of the persons who commit these crimes, if. they glacl than I to see returning from tl10se States Senators representing are crimes-! will put it in that way-bnttbe criminals going bolcUy . all shatles of opinion, and without any inquiry or scrutiny or refer everywhere through the places where these events b.tve occurred ence into what the course of such Senators may have been during the untrie4, unpunished, it is time for the American people and the war. .American Congress to inquire whether there is not poweriu the Gov I t.bink I sa.id yesterday (although t.he bonomble Senator from ernment within the Constitution to defend the lives and the liberties Ohio seemed to put a different interpretation upon it, but he spoke of its citizens-not to defend them bymakingwarnpon other people, iu haste) that instead of feeling animosity towa1'd those people, the not to defend them by t.nrning any man out of his rights, be they people o.f the Northern States of all parties would bold ont all their what they may, but by the simple and ordinary process of justice · "llaml to assist the people of tho Southern States in every way. All under the law. And just as fas~ and just a-s far as it can be seen that that the people of the Northern States desire is that there shall be under any administration of any political party in any State of the peace an'hter; of thirty years. I 1mJw the people; I 1mow their feeling if thoir a.nd inasmuch as education will not do it, then let the school-houses be burned np; and inasmuch as religion will not do it, then let the c1mrches go; and until that action indicates their feeling, and it would be strange logic to me if notion is reversed or is exterminated by the hand of fire- it did not. The distinguished gentleman says that shot-guns are not Conciliatory words those- even common in his part of the country. That may be. I raise no issue with any fact that my friend states; but in my section they just so long von must expect that there will be resistance :J,nd ~~gression on the part of this 'body of white-leaguers, as they are callrd, thn.t roo.uy represent, a~ are amply abundant, and if hi tory be true tliey are always to be cording to the testimony, southern society, as they call it- come at whenever they are wanted to shoot a few of the colored voters in his portion of the country. They then can be found. But Mark the words: "southern society, as they call it" be says there are few such instances. True, upon one occasion, I be and the organized forces of free government. lieve, he does admit that some drunken democrat did· shoot down a. Mr. FLANAGAN. Mr. President, in briefly attempting to discuss black man or two. Very well, let it go under the cover of drunken the subject now presented to the Senate, I have simply to say that I ness if you like. I do not think, however, that is a very good plea have no criticism to make on the resolution offered. I favor, how to put in on this or any other occasion. over, the amendment; but I shall vote for the resolution with a great Mr. GORDON. Will the Senator allow me to correct him f I did deal of pleasure in the absence of the amendment. The Senate and not say that. the people of the United States are certainly entitled to the fullest Mr. FLANAGAN. You were within half an inch of it and a little information upon this grand subject. When the resolution was pre farther than I went. [Laughter.] sented by the distin~uisbed Senator from Ohio, I was very much de Mr. GORDON. I prefer, when theSenatorquotesme, thathe shall lighted. It was premsely such a subject as I wished amply discussed. not mi~s me by half an inch even. [Laughter.] I would rather ho Whatever may h{).Ve been his promptings for its introduction does quote me exa-ctly. I was reading from testimony as published in the not matter; it appeared to me at that moment that the object was to papers. give strength to what may be termed the conservative party in New 1.\Ir. FLANAGAN. I would like to have your language if you will Orleans, where this Legislature of Louisiana was being organized. be kind enough to give it to me. Well, sir, what are the factsT It The VICE-PRESIDENT. Order will be preserved. is said that the statements presented to the American people by the Mr. FLANAGAN. The little disorder does not annoy me in the republican party are fabulous; but let me remark in all candor, as least. It'is just what I expected to encounter, and I understood it the Queen of Sheba said to the wise man, "The half has not been wall before I got up. I do not think I shall find anything to change told." The half has not been told of southern outrages, of murders, my convictions in that respect ; but that circumstance is a potent and everything of horror that can be contemplated in our language. one, tha.t should speak loud and long to the American citizen to-day Surely Senators are po e ed of all the facts, and yet not one of that we are standing upon a precipice, and we should look well be them can point to one single man who ba.s been put upon trial in the fore we step either to the right or to the left. South ancl convicted for any of these crimes, let him have been a This is no small matter, Mr. President. It only tends to ventilate drunken democrat or otherwise. It seems to me that that speaks the Louisiana question, which has-been a vexed one for years; but volumes. I need not to invoke the laughter at Colfax; J need not at the same time it ventilates the whole reconstruction subject; it go to Coushatta, thooglt I can say that one of the young officers who goes ba-ck to the war of 1861. I am gratified on this occa ion to was assassinated upon that occasion I knew from his boyhood. He see my democratic friends consistent. They are only doing now wa raised close by me, in Shreveport, Louisiana, and I live but about what they have done heretofore; and if a conflict is forced upon the sixty miles from that place. I knew the family of Howell well ; and, nation, as it was before, I shall expect them to be consist.ant and to do by the way, they were good democrats until that unfortunate circum again what they did then. stance occurred. After that they faltered. They said they could not This question is one of great moment. I arise to discuss it in my go the figure when their own family was being massacred by the feeble manner with no unkind feeling toward any individual. It democracy. That brought them to hesitate, and it has many. involves a great principle. I love my country. I am for my country Bnt the line, Mr. Pre ident~ that I wish to pursue is this: When right, but I go further.. .A. great spirit, who occupied the chair for this resolution was yesterday introduced I was much gratified at the many, many years with distinction, when speaking on a great que~ fact. WhyT I wanted the subject ventilated; I wanted it dis tion, said he was for his country right, and there he closed. I go cussed; I wanted the whole testimony. Let it all come out; let it with him heart and hand thus far, but I go further: I am for my go forth to the nation. This is a period when it should certainly go couutry right or wrong. I make no question upon that branch of to them, and I think it 'vill do much good when it doe . .A.nd I was the subject. more than delighted yesterday when I saw distinguished Senators Mr. President, we have had llk'tDY distinguished names in our his take hold of this question understandingly. The facts are so clear tory. The nation loved the name of Andrew J a.ckson. There are that they cannot misapprehend but must under tand them. There many yet who respect the name of James Buchanan. There are was not a southern voice heard here yesterday. The North took hold those to-day, as was well said in the Senate yesterday, who love the of it, the extreme North, and the great West. Thought I, "We are name of Grant. I believe in 1815, upon January 8th-and we are bard safe;" and I must confe s that I felt buoy:1nt upon that occasion. I by it now, approx.h;nating it rapidly, bot two days off-the fonc\ knew that the republican party was· demoralized in the last elec name that I :first instanced was placed in New Orleans where the dis tions; and see how beautifully that is played upon now by the di - tinguished Sheridan is to-day, tho 6th of January, 1R75; and if he is tinguished Senator from Georgia. "0," said he, "the North are not assassinated there, and he is not likely to be, be will be :very likely aroused." That is not his language exactly; I have it not before to be there on the Bth of January, a,nd I think it will be found that me; I am only undertaking to give the substance. He said, "The be will be as efficient on that occaaion as Andrew Jackson was when he North is going to stand by us, and do this, that, and the other.'" so triumphantly succeeded ove:r: the minions of England, tho e men That was understood previous to the last war. It was understood at· who were under Packenbam and Wellington, who 1·epre ented and the South then thn,_t the North was going to stand up for the South,· declared in our infancy, wken we were coming into exi teuce, that we that they would make their fight secure, that cotton was king, and n.ll' could not live. The party that to-day antagonize the Government, that kind of thing; that it would demoralize ev~n old England and' as I understand it, entertains the arne views. ~ that the recognition of the independence of the South would be at a I a.m one of those who have always known the sincerity of the ac very early period. Those expectations all proved to be merely spec-· tion of the people of the South and of their promptings. The distin ulative. I think from the evidence of witnesses on this occasion we' guished gentleman from Georgia, I see, has retired from his seat, which are still secure; but we are insecure in the absence of the interest· is unlike the way he acted when he led the proud soldiers of the South manifested upon this question yesterday. If the distinguished Sen to battle in a cause he, I feel no he itancy in saying, gloried in then a.s ator from Georgia is correct to-day in saying that the sentiments of he does now when he speaks of glory, supposing he was fighting in a the Senators here are not jn accord with those of their constituents good cause; but I should like to ask my friend, if he were in my sight, in the States that I think they so ably repre ent, then we are gone if he entertains the opinion to-day that he was then right I have and there will be no longer any republican party. The North must' no hesitancy in saying that he would respond wit.hoot a question, comet{) the rescue of the few republicans that there are in the South.· because he is a candicl, sincere gentleman, that he was right. If that It is their fight now. Heretofore I have felt to a very great extent idea ue correct, that he believed hiruself to be then right, has he on thi floor that I was ignored. The majority were entirely too ea. y evidenced to us in any way, manner, or shape that he believes now and independent; they cared nothing for Texas. The republican that he was in error then t If he believed himself to be then right and party were so st1·ong that they could go into battle on any occasion indorses that action of his to-day, give him the power and what will without regard to Texas, or indeed many other of the Southern he do in the third instance T Just that which he has done heretofore; States, and \ictory still perch on their uanners. Not so to-day, sir. and it illustrates the whole action of that great party which brought The han1lwriting is on tht3 wall. I am glau to see that the North r

1875. CONGRESSIONAL RECORD. 275

are aroused. Well they may be. It is now their ~ght as well as . No very wise prediction, because t?at had been decitled upon in mine a an humble republican in the South. ! am dtsposed,.myself, the Senate here solemnly two years smce- t quietly from my aO'e, already alluded to, to y1eld the questiOn and and every effort made to place the people of Louisiana in a false position. sniJmit.' Whateve:f "the powers that be," I always submit.ted to As a matter of course! them and if I dislike them, I will do the best I can. That IS all I It makes our blood boil to know that the radical flag is flaunted. in the fuces of lw.vo 'to do as an American citizen. I love the Constitution; I love our brethren- the 1:1ws thouO'h they may not be always such as I desire; but the Surely it does. A few more generals that have commanded the noble same po~er exists and will continue to exist while this glorious Gov spirits of the South will occasion~lly ?e found to be aronsecl here ernment is perpetuated to alter, am~nd, and re-e~act, a~d do every thing that is needful for the benefit of the natiOn as It has done likewise at a very early day, all:d It will. not be a great J?'lany dl;tys until your humble servant that IS addfessmg you upon t~s occa lOU heretofore. will retire and a rebel general trure his seat. Then he will sympar Mr. President what is the feeling of the people in my State. When thiie with what has been said here to-day, and I know not how much McEnery was likely to come into power, a few months since, all Texas further he may go, nor do I care. was aroused. The men were excited; thousands of thetn would I read on- rca

276 CONGRESSIONAL RECORD. J.ANU.A.RY 6,

Memphis Appeal and Courier..Tournalin hitter and denunciatory articles, which in whole struggle it was fondly hoped by many of the slaveholders that tum provoked very personal editorials from the Times. The fact that two South- ultimately, when . peace sbould be made, they would be left in pos orn papers had taken the Times to task for its ill-advised article, as they termed it, se sion of their T'ropert:v, . All those parties became very bitt.er to caused the matter to be thorouahly ventilated in the North. \Ve have counselea r moderation, and do so yet, but the following from the Times is just what every those who had sympathized with republicanism and the struggles of man must indorse: the Federal Army anterior to that period. But what is the history "The question now with the people of Louisiana is, is the work finished 1 We to-dayY You may go n1l over the South, as far as I have ever gone, think not. The will of the people, as expressed at the ballot-box on t.he 2d of and ""OU will find at the breakfast table, you will find at dinnor, at November, and not the will of Kellogg & Co., as expr<>.ssed through their retuming .• board, must be vindicated. llvery man elected to the lower houso of the Legisla.- tea, in the parlor, everywhere, the great subject is Louisiana and her ture must be present in New Orleans at the opening of that body ready to ta:Ke his oppression, and the anathemas that are hurled at the United States seat. No private interest or matter of private husmess should prevent any from Government, the civil-rights bill, and everything else included. Pre being at his post of duty, and he who fulls now deserves the scorn and contempt of VI·ous to the war they were simply democrats. They were drilled his fellow-men." The Times then goes on to say that" if the Federal Government int~rferes to then broadcast throughout the whole South. All the South was dem- deter the people from protecting themselves, let the State be made too hot," &c. ocratic. They hn.d all power-power, they thought, to sunder the Now, I say, let it be thus made, and let it be understood that the Government and build up a new one, but in that they failed. They Senate of the United States are ready to meet that question. Let are not satisfied. History repeats itself; revolution follows upon them make it just a.s .hot as they desire; and, for the benefit of the revolution. Alphonso is king to-day, where there was a republic a nation, the sooner it is done the better. Let me not be misunder- few days since, and so we go. I think that at an early day you will stood. The handwriting is on the wall, and the Southern States_to- hear that young Napoleon has come·to power, and is placed on the day are just as the volcanoes of Etna and Ve uvius are; they are throne of his ancesters as the Emperor of proud France. \Vhat is in ready to burst forth and to spread their la~a. broadcast upon any and the future for us f Is it Davis' God only knows whether Davis is every individual, I care not w:hat his color may b~, who entertains to he the President of the United States at a very early period the idea of equality among the people of this proud nation. or not. Thousands and thousands there are who would vote for him Let every man do his duty, and his whole duty, be the consequences what they in preference to GrJ:tnt or anybody else. may. If the natural sequences are such that our fellow citizens 1nust assert their Are tho e the persons whom you wish to pos e the power of ex manhood, they will; but, under the present pressure, coolness, deliberation, and ercising control over the bayonets that they speak off The democ moderation should be counseled, terrible as the oppression is. racy cannot perpetuate this great nation. They had all power up to Thereby stating clearly and unmistakably that but for the pressure 1860. They became so strong that in their strength they fell. Give some great rising woftld take place. What pre sure' The pressure them the power and they will do that again, an'l it is an open ques of these bayonets that our friends here are so much opposed to. That tion whether the republican party is not going to do precisely the is the pressure, and it is rather an objectionable feature for a man to thing that the democracy did at that day. They have eeen too run against. He cannot very well afford to do it. strong, with perfect confidence in their ability to do anything and Bnt there is another subject that I wish to discuss. I want to ad- everything, so as to secure and perpetuate the blessings that have monish the .A.merican people to-day-now is the time-that the south- grown out of a republican government. I am gratifie(l to know ern people are better prepared for war than they have been for any that we have lived to reach that period when the republicans are period during the existence of this nation. I see my friend from aroused. Sir, they must be; they must come to the front through Maryland [1\lr. HA.l\ULTON] smiling. He is a aood democrat; he is out this great nation. They must now, politically,· make a charge; one of the good democrats that I always like. f always love to plea.se and it mUBt be a Murat charge. They mUBt not be halting between . him, for I am then very much encouraged. He laughs at what I have two opinions. "There is the enemy," as the old general told his said; he thinks it is a good idea. Now I will give him the reasons why soldiers when they were in martial array, directly in view of the con I think so. When the last war was inaugurated and the South was t.emling army. Said be, riding up and down before them, "I am no possessed of some four million slaxes they were worth a very large speaker; but there's your enemy; if you don't whip them, they will amount of money; they aggregated millions of dollars in value. They whip you." I tell you that the republican party is in this condition were by the laws of the land their property; they had inherited them; to-day. They are in martial array. Let these men say what they they had gotten them from their forefathers or from the North. may about bayonets, they will find th~ bayonets when they are There they were. During the war we had a very pretty little statute necessary to be found, if they have that sympathy that is invoked that he who was possessed of twenty slaves was exempt from mili- and is so clearly boasted of on this occasion iu the North. Yet what tary service. He could go and denounce radicalism and everything is it that they will not be armed with f They have more power than of that kiml, and say very glibly that one southerner could come out you have :.my idea of, unless you contemplate the snbjeot earnestly. with his lariat and by breakfast bring in half-a-dozen s-reen Yankees The American nation owes a large debt; she owes many millions. without any trouble; but he wa.s not required to fight himself. Those What is the confederate debt f Not}ling, under God Almighty's people went to battle under these circumstances. Very often they heaven! 'l'hey do not owe any foreign debt; they dislike very much divided large plantations, so as to relieve A, B, C, D, E, and F, &c., to pay their pro mta of interet on the national debt to-{lay; but give to a very great extent, from military service. Now these gentlemen them the power, and then they would talk to you. 'rhen, when you are free and easy. They did not go into the ranks to fight then, but spoke of pensioning an old soldier, they would say, "Yes, pen ion the they staid at home to watch the blacks. They were liberated to confederates likewise." When you talked about appropriations to that extent. But here is the point: a war to-day would be in the ab- pay the interest on your debt, they would say, "Yes, but pay thecot sence of those slaves, in the absence of the money they repre en ted; ton bonds to England, for we dre~ the money aml will stand up and for that was the grand point. Before when the war was waged it acknowledge our general indebtedness," :mel at an early period the was often said that the rebels had gained a victory at such and such question would be whether tho sum would not be so la.rge, like count a place, many of them being well known to history; but it was given ing the horse-shoe nails, that it would be ea y to propose simply to ont directly after the battle that the water had become a little bad repudiate the whole and end it! The northern sympathizing friends where they were, and that they had fallen back some ten, fifteen, of the South had better look to their bonds; they had better look to twe!lty, or fifty miles, as the case might be, until they founcl good the integrity of the republican party. Their interests are not to be water. They kept finding good springs and good locations until they thus ignored. There are some brains in the republican party, and I began t.o come down clo e to Texas. [Laughter.] Before that, bow- hope there is some patriotism. When all thee facts are taken to ever, the blacks came by the hundreds and by the thousands into gether, I am sure it will be seen that a great responsibility is placed Texas. . What were they coming toTexa.s for, crossing the :Mississippi upon our northern friends. They must act; and, as has been evi and Red Rivers, and getting into that vast plainT It was hoped that de need here in the opening of this discus ion uy theNorth and by the the Federal troops would not rea

The bill (H. R. No. 3912) to reduce and fix the Adjutant-General's LABORL~G MEN OF GEORGETOWN, DISTRICT OF COLIDffiiA. Department of the Army-to the Committee on Military Affairs; ~nd Mr. NEGLEY, by unanimous consent, presented the petition of cer The bill (H. R. No. 4126) authorizing the Citizens' National B:mk tain laboring men of the city of Georgetown, District of Columbia; of Sanbornton, New Hampshire, to change its name-to the Commit which was referred to the Committee on the District of Columbia, tee on Finance. and ordered to be printed. The PRESIDING OFFICER. The Senator from California moves I OKLAHOMA. that the Senate do now adjourn. • Mr. COBB, of Kansas, by unanimous consent, introduced a bill (H. The motion wM agreed to; and (at four o'clock and thirty minutes R. No. 4164.) to provide a temporary goverriment for the Territory of p. m.) the Senate adjourned. Oklahoma; which was read a first and second time, referred to the Committee on the Territories, and ordere(l to be printed. Mr. BECK. The understanding is that the bill is not to be brought back by a motion to reconsider. - HOUSE OF REPRESENTATIVES. The SPEAKER. That cannot be done. . ADJUTANT-GENERAL'S DEPARTMENT. WEDNES:Q.A.Y, January 6, 1875. Mr. MAcDOUGALL. I call up a motion to-reconsider the vote by which House bill No. 3912 wa,s recommitted to the Committee on The House met at twelve o'clock m. Prayer by the Chaplain, Rev. Military Aftairs. J. G. BUTLER, D. D. The SPEAKER. Was that done yesterdayf The Journal of yesterday WM read and approved. Mr. MAcDOUGALL. No, b.ut on the 2'2d of last December. I wish REPORT OF COMMISSIONERS OF CLAIMS. to bring the bill. before the Honse for consideration. Mr. DONNAN, from the Committee on Printing, reported back with The SPEAKER. What is the billY an amendment the following resolution: Mr. MAcDOUGALL. It is the bill (H. R. No. 3912) reducing the force in t!te Adjutant-General's Department of the Army. It was Resolved, That there be printed for the use of the Committee on War Claims ot recommitted and the motion entered to reconsider, which motion I this Honse and tho commissioners of claims four thousand copies of the fourth an nual report of the commissioners of claims. now call up for consideration. The bill provides that the Adjutant-General's Department of the The amendment was read as follows : Army shall hereafter consist of one Adjutant-General, with the rank, Strike out "four thousand " and insert " one thousand " so as to read "one pay, and emolum~nts of a brigadier-general ; two assistant adjutants 11 thousand copies. ' general, with the rank, pay, and emoluments of colonels; four assist The amendment wa.s agreed to. ant adjutants-general, with the rank, pay, ancl emoluments of lieu The resolution, as amended, was adopted. tenant-colonels'; and ten MSistant adjutants-general, with the rank, Mr. DONNAN moved to reconsiderthevote by which the resolution pay, and emoluments of' majors. was adopted ; and also moved that the motion to reconsider be laid The second section repeals so much of section 6 of the act entitled on the table. "An act making appropriations for the support of the Army fort~ The latter motion was agreed to. year ending June 30, 1870, and for other purposes,'' approved March 3, 1869, as applies to the Adjutant-General's Department. PUBLIC BUll..DINGS AT SAINT LOUIS, MISSOURI. Mr. HOLl\IAN. I trust there will be some explanation of the effect Mr. WELLS, by unanimous consent, introduced a bill (H. R. No. of the bill-whether it increases the number of officers in that De 4163) to provide an appropriation for continuing the construction of partment of the Army or not. the postroffice and custom-bouse at Saint Louis, Missouri; which was :Mr. l\IAcDOUGALL. In r~ply I will say it reduces the number read a first and second time, referred to the Committee on Appro three majors, while it increases the lieutenant-colonels one. Iu other - priations, ancl ordered to be printed. words, it reduces the number of majors from thirteen to ten, and in creases the lieutenant-colonels one; or rather, fills a vacancy by pro · AFFAIRS IN ARKANSAS. moting a major to be lieutenant-colonel. With that exception there Mr. LilfAR, by unanimous consent; presented a petition of sundry is no change of rank. It will save to the Government $10,500 a year. citizens of Arkansas; which was ordered to be printed, and was re Mr. GARFIELD. When this bill was up before I made some criti ferred to the ~:~pecial committee in relation to affairs in Arkansas. cism of it; not so much criticism of the bill itself as criticism of the general legislation touching t.he Army, and then asked for its post CHANGE OF NAME OF A NATIONAL BANK. ponement, so as to have time to look more carefully into its provisions. :Mr. MAYNARD, by unanimous consent, reported back, with an I then called attention to the fact that in 1869 promotion had amendment from the Committee on Banking and Currency, the bill been stopped in the staff corps of the Army for the sake of reducing (H. R. No. 4126) authorizing the Citizens' National Bank of Sanborn them to a size more compatible with the size of the new Army, or ton, New Hampshire, to change its name. rather more in proportion to a peace establishme_nt. That reduction The bill was read. of course has gone on by the natural process of absorption from cas~ The first section provides that the name of the Citizens' National ualties; but of course some time or other promotion ought to be re Bank of Sanbornton, New Hampshire, shall be changed to the Citi stored to the staff corps. I regret I did not at that time know more zens' National Bank of Tilton, New Hampshire, whenever the board about the legislation of last June. I think the act then passed was of directors of said bank shall accept the new name by resolution of uneven in its operation. It opened up all of the staff corps except the board, and cause a copy of such action, duly authenticated, to be . three-the Adjutant-General's, the Pay Department, and the Meclical ., filed with the Comptroller of the Currency. Such acceptance is to be Corps. One thing was then done which I deeply regret. It wa~ my made within six months after the passage 6f this act; and all ex belief, and has been for years, that we ought not to have in time of penses incident to the proposed change, including engraving, are to peace, under a peace establishment, brigadier-generals at the head of be borne and paid by the bank. · staff corps ; but I find on looking over the legiSlation of last spring The second section provides that all the debts, demands, liabilities, all these staff corps, save perhaps two, have had a brigadier-general rights, privileges, and _powers of the Citizens' National Bank of San allowed as head of the co1·ps. If we have gone so far to break up the bornton shall devolve upon and inure to the Citizens' National Bank old plan, I see no reason why we should make this exception, and of Tilton, New Hampshire, whenever such change of name is efiected. therefore I do not believe this bill in reference to the AdjutantrGen The amendmt)nt was read, as follows : eral's Department is an improper one-certainly not improper taken in connection with the legislation already had. It is doing no more In first the section, after the words "resolution of the board," insert "and con ha~ firmed by a; vote of two· thirds of the stockholders." for the Adjutant-General's Department than been done for almost all the other corps; and so far M I am pocsonally concerned I with Mr.l\fAYNARD. As we understand the facts, this bank was origin draw any objection to tho bill. I only think the legislation ought to ally established in the town of Sanbornton, New Hampshire. The have been about all the staff corps rather than by piecemeal, as we Legislature of that St~ has divided tbe town into two parts, the ar~ having it now and as it has been in the past. new part called by the name of Tilton, and it is in that new part the Mr. DONNAN. I desire to say a word in addition to what has bank is in fact situated. It is not a change of place, but a change of already been said in regard to this bill. I have examined it with some name, to correspond with the action of the Legislature. care, and I 'do not believe there is any valid objection to it. Under Mr. HOLMAN. It is not a change of location¥ the law of 1862 we had in all thirty regiments. The staff corps of the Mr. MAYNARD. It does not change the location. The amendment Adjutant-General's Department then consisted of one brigadier-gen we propose is to make this conform to each of the other bills already eral, two colonels, four lieutenant-colonels, and thirteen majors. As reported. · this bill now proposes, with forty regiments as a military organiza The amendment was agreed to. · tion, we will have the same brigadier-general. the same number of The bill, as amended, was ordered to be engrossed and read a third colonels, and the same number of lieutenant- olonels, and three fewer time; and being engrossed, it was accordingly read the third time, and majors. passed. Mr. HOLMAN. I understood the gentleman from New York [Mr. Mr. MAYNARD moved to reconsider the vote by which the bill was MACDOUGALL] to say t,hat the number of lieutenant-colonels is in- passed ; and also moved that the motion to reconsider be laid on the crea~ed by one. · table. Mr. l\1AcDOUGALL. One vacancy is to be filled. The latter motion was a~eed to. l\1r. DONNAN. The bill does not increase the number of lieuten- 278 · CONGRESSIONAL RECORD. JANUARY 6, - . ant-colonels. There will be a vacancy which will be filled by pro Mutual Relief Association of the District of Columbia," approved motion. Now, the opening up for promotion has been recommended March 3, 1 69; which wa~ read a fir t and second time, referred to by the War Department. The House aded upon the recommenda the Committee on the District of Columbia, and ordered to be printed. tion last June and opened this staff corps to promotion; bnt the law as it came back amended by the Senate defeated that object so far as JAl\IES H. H~TON. • this staff-corps is concerned. I believe there is no serious objection l\Ir. SAYLER, of Ohio, by unanimous consent, introduced a bill (ll. to the bill. It is economical, and ought to become a law. R. No. 4174) for the relief of James H. Hamilton; which was read a Mr. MAcDOUGALL. I call the previous que tiou on the bill. :lll-st and seconcl time, referred to the Committee on Indian Affairs The previous question was seconded and the main question ordered, and ordered to be printed. ' and under the operation thereof the House agreed to reconsider the BINGER HER.~ANN. vote by which the bill was recommitted. Mr. NESMITH, by unanimous consent, introduced a bill (H. R. No. Mr. MAcDOUGALL. I nowwithdrawthemotion to recommit, and 4175) for the relief of Binger Hermann; which was read a first and ask that the bill be put upon its pa-ssage. second time, referred to the Committee on Appropriations, and onlorcd The bill wa~ ordered to be engrossed and read a third time ; and be to be printed. ing engrossed, it was a-ccordingly read the third time, and passed. JUDICIAL PROeEEDINGS. Mt. MAcDOUGALL moved to reconsider the vote by which the bill was passed; and also moved that the motion to reconsider be laid on Mr. FARWELL, by unanimous consent, introduced a bill (H. R. the table. No .. 4176) for an act concerning jud~cial proceedings in certain cases; The latter motion was agreed to. which was read a first and second trme, referred to the Committee on. the Judiciary, and ordered to be printed. · FmST NATIONAL BANX OF SAINT ALBANS. JOHN H. RUSSELL. Mr. WILLARD, of Vermont, by unanimous consent, l.ntroduced a bill (H. R. No. 4165) for the relief of the First National Bank of Saint l\!r. WALDRON, by unanimous consent, introduced a bill (H. R. Albans, Vermont, and other persons; which was read a first ancl sec No. 4177) for the relief of John H. Ru ell, of Adrian, :Michio-an; ond time, referred to the Committee on War Claims, and ordered to which was read a first and s cond time, referred to the Committ~e on be printed. . War Claims, and ordered to be printed. He also, by unanimous consent, introduced a bill (H. R. No. 4166) GAINES LAWSON. for the relief of the First National Bank of Saint Albans, Vermont; Mr. BUTLER, of Tennessee, by unanimous consent, introduced a which wa~ read a first and second time, referred to tho Committee on bill ( H. R. No. 4178) for the relief of Gaines Lawson, late captain War Claims, and ordered to be printed. · Fourth Tenne-ssee Infantry ; which was read a first and econd time REIMBURSEMENT OF THE CITY AND COUNTY OF SAN FRANCISCO. referre(l to the Committee on Military Affairs, and ordered to b~ printed. Mr. CLAYTON, by unanimous consent, introduced a bill (H. R. No. JOHN L. BRADLEY. 4167) making an appropriation to reimburse the city and county of San Francisco for certain expeQditures; which was read a first and :Mr. BUTLER, of Tenne see, also, by unaillmous consent, introduced tfecond time, referred to the Committee on Appropriations, and ordered a bill (H. R. No. 4179) granting a pension to John L. Bradley late to be printed. corporal second North Carolina .Mounted Infantry; which was r~a.d a first and second time, referred to the Committee on Invalid Pensions, ADDITIONAL PAY TO CALIFORNIA TROOPS. and ordered to be printed.- Mr. CLAYTON also, by unanimous consent, introduced a bill (H. DANIEL WILHOIT. R. No. 4168) allowing additional pay to the troops known as the Cali forniaHundred and theCaliforma Cavalry Battalion; which was read l\Ir. BUTLER, of Tennessee, also, by unanimous consent, introduced a first and second time, referred to the Committee on Military A..ftlirs, a bill (H. R. No. 4180) granting a pension to Darnel Wilhoit, Tate and ordered to be p~ted. sergeant of Company L, Eighth Tenne ee Cavalry; which wa read a first and second time, referred to the Committee on Invalid Pen LORENZO D. LATIMER. sions, and ordered to be printed. Mr. CLAYTON also, by unanimous consent, introduced a bill (H. R. No. 4169) for the relief of Lorenzo D. Latimer, late United States POTOMAC AND MOUNT PLEASANT RAILROAD COMPANY. diBtrict attorney for the district of California; which wn.~ read a Mr. FRYE, by unanimous consent, introduced a bill (H. R. No. 4181) first and second time, referred to the Committee on Claims, and to incorporate the Potomac and Mount Plea ant Railroad Company; ordered to be printed. which was read a first and second time, referred to the Committee on tho District of Columbia, and ordered to be printed. JUDICIARY COURTS OF THE UNITED STATES. t Mr. ELLIS H. ROBERTS, by unanimous consent, int1·oduced a bill CAROI.Dm SHEWARD. (H. R. No. 4170) to amend the fou-rteenth section of the act to estab Mr. BA.t"'rn!NG, by unanimous consent, introduced a bill (H. R. No. lish the judiciary courts of the United States, approved September 41 2) granting a pension to Caroline $hewa.rd, widow of Nimrod D. 24, 1789; which was read a first and second time, referred to the Sheward, late a teamster in tbe United States Army; which was read a Committee on the Judiciary, and ordered to be printed. first and second time, referred to the Committee on Invalid Pensions and ordered to be printed. ' INTER~AL-REVENUE TAXES. Mr. HOSKINS, by unanimous consent, introduced a bill (H. R. No. IMPROVEMENT OF RED-FISH BAR. 4171) to reduce internal-revenue taxes, and for other purposes; which Mr. GIDDINGS, by unanimous consent, introduced a bill (H. R. No. wa~ read a first and second time, referred to the Committee on Ways 41 3) to provide for continuing the improvement of Red-fi h Bar, in and Means, and ordered to be printed. Galveston Bay, Texas; which was read a first and second time, referrecl to the Committee on Commerce, ~d ordered to be printed. T. J, AND F. A. WHARTON. Mr. McKEE, byunanimous consent,iutroducedn. bill(H.R.No.4172) EQUALIZATIO~ OF BOUNTIES. for the relief of T. J. a,nd F. A. Wharton; which was read a first and 1\Ir. LOUGHRIDGE, by unanimous consent, introduced a bill (H. R. second time. No. 4184) to equalize bountie to oldiers who served in the late war; which wa.s read a first and second time, referred to the Committee on Mr. McKEE. I ask that this bill be referred to the Committee on 1 Appropri~tions. . Military Affairs, and ordered to be printed. Mr. GARFIELD. A bill for relief should not go to the Committee on .ORDER OF BUSINESS. 1 ·Appropriations. - The SPEAKER. The morning hour begins at thirty-two minutes Mr. McKEE. It provides for payment ont.of an appropriation. pa ·t twelve o'clock, and reports are in order from the Committee on Mr. RANDALL. Let the bill be read. Indian Affairs. The Clerk read as follows: Mr. .A. VERILL. The Committee on Indian .Affairs has had some Be. it enacted,, &c., Tha.~ out of the appropriations made for the Department of bu iness submitted to it which it has beel! unable to perfect and Justice there sh:ill be pa.J.d to T. J. and F . .A.. Wharton the sum of 250 for legal services rende-red to the United States in the pro ecution of H. B. McClure late which is very important, and while there are some little matters oollector of internal revenue second collection district .Mississippi, and J. W. 'Rob which they might report to-day, I ask in their behalf unanimous bins, deputy of tho said McClure. cons.ent that the committee may reserve its right under the call until Ml'. RANDALL. That is a claim, and should not go to the Com some other day. mittee on Appropriations. Mr. BUTLER, of Massachusetts. I have no objection to that, pro Mr. GARl!"IELD. The bill is liab]e to the point of order under the vided it does not require some other committee to report to-day. new ru]e of last ession. It relates to an appropriation out of an ap The SPEAKER. It is the duty of the Chair, unlt>ss otherwise or- propriation, and should go to the Judiciary Committee. I move that dered by tho House, to call the committees in their order. · it be so referred. 1\Ir. SH.A.N:{rS. There are other committees ready to report. The bill was referred to the Committee on the Judiciary, and Mr. BUTLER, of Massachusetts. Very well; then I will not ob ordered to be printed. ject. Tho SPEAKER. If there be no object-ion, the two hours belonging MASO).TJC 1\IUTUAL RELIEF ASSOCIATION. to the Committee on Indian A.ffuirs will be re erveu for some other Mr. WOOD, by unanimous consent, introduced a bill (H. R. No. day. The Chair hears no objection. Reports are now in order from 4173) to am~nd an act entitled "An act ~o incorporate"'the Masonic tho Committee on l\lilitary Affairs. '

1875. CONGRESSJONAL RECORD. 279

MEMPIUS AND VICKSBURGH RAILROAD COMPANY. in accordance with the provisions.. of section 32 of an act to increase Mr. DONNAN, from the Committee on :Military Affairs, r.eported and fix the military peace establishment of the United States, hack, with an amendment, the bill (H. R. No. 103) granting to the approved July 28, 1~66; and if said board shall find that said Roberts t . Memphis and Vicksburgh Railroad Company the right of'way along was entitled to be retired under the provisions of said act, then in the river bank at the national cemetery at Vicksbur~h, Mississippi. that case it shall be the duty of the Secretary of War to correct the The bill, which was read, grants the Memphis and V1eksburgh Rail- record of said Roberts, and to retire him, in accordance with the pro road Company, a corporation organized under an act of the Legislature visions of section 32 of said act, as of date December 15, 1870, the date of the State of Mississippi, the right to construct their line of rail- of his actual retirement. road through the grounds of the national cemetery at Vicksburgh ; The bill was ordered to be engrossed and read a third time; and said line to run within two hundred feet of the bank of the Mississippi being engrossed, it was accordingly read the third time, and passed. River, not to int.erfere with the improved grounds of said cem~tery, Mr. DONNAN moved to reconsider the vote by which the bill was except at a point below the terraces where there is a plat wherein a passed; and also mov_ed that the motion to reconsider be laid on the few regular soldiers are buried, said point to be spanned by an iron table. bridge of handsome style; the whole of said line through the ceme- The latter motion was agreed to. tery to be constructed under the supervision of the United States JOSEPH B. EATON. officer in charge of said cemetery. The amendment was to strike out all after the words "is hereby Mr. DONNAN, from the Committee on Military Affairs, reported a g,ranted the right," and to insert in lieu thereof the followin£r: bill (H. R. No. 41!36) for the relief of Joseph B. Eaton; which was ~ read a first and second time, referred to the Committee of the Whole Ofwaythronghthe~undsofthenationalcemeteryatVicksb~h,-Mississipp~ on the Private Calendar, and, with the accompanying report, ordered one hundred feet in mdth, and notmoro than two hundred feet distant from the to be printed. Mi sis ippi River; provided, inca e said right of way shall include within its lim- HENRY JACKSON. its the graves of any deceased soldiers, therr remains shall be removed and rein- terred within said cemetery under the direction of the United States officer in Mr. DONNAN also, from the same committee, reported back, with charge, and at the expense of said railroad company. a recommendation that it pass, tho bill (H. R. Nd'. 3 60) for the relief The question was upon the amendment report.ed from the com- of First Lieutenant Henry Jackson, Seventh Cavalry, United States mittee. Army; which was referred to the Committee of the Whole on the Mr. HOLMAN. This bill makes an appropriation of public land. Private Calendar, and, with the accompanying report, ordered to be It seems to me that nothing but an extreme case would justify such print.ed. a bill. I will reserve my point.of order until some explanation is SAMUEL w. HAMILTON. made. Mr. DONNAN also, from the same committee, reported back the me- Mr. DONNAN. I will make a statement, and then I think the gen- morial, statement, and evidence relating to the claim of Samuel W. tleman will·hardly deem it necessary to insist upon his point of order. Hamilton to a. portion of the Fort Gratiot mili~y reservation, Mich Tbis raihoad crosses a small portion, about forty or fifty rods in igan; moved that the committee be discharged from the further con length, of the national cemetery near the bank of the Mississippi sideration of the same, and tha.t it be referred to the Committee on River at Vicksburgh. It is nearly impossible to cut a way through Private Land Claims. the bluffs, and unless this railroad can -cross the bank of the Missis- The motion was agreed to. sippi River at tl!is point-the value of the property is not much, CHARLES A. LUKE. being only four rods in length-- Mr. HOLMAN. I do not attach any importance to the value of the Mr: DONNAN also, from the same committee, repart.ed back, with a property. My objection is to the appropriation of the ground dedi- recommendation that it pass, the bill (H. R. No.1340) for the relief of .cated to the burial of the soldiers of the lat.e war for the use of cor- Charles A. Luke; which was referred to the Committee of the Whole porations. That should not be done unless imperatively necessary on the Private Calendar, and, with the accompanying report, ord.ered and no other course can be adopted. to be print.ed. Mr. DONNAN. It will not damage the cemetery at all. The War WILLIAM B. HAZEN. Department says there is no objection to the pass~~e of this bill, and Mr. DONNAN also, from the same committee, report.ed back ad- 1 apprehend the value of the property is so small that it is hardly versely the memorial of General William B. Hazen, on the subject of worth while for the gentleman to main~ain his point of order. creating a soldiers' savings deposit; which was laid on the table, and 1\ir. HOLMAN. I have said that I do not atta-ch any importance the accompanying report ordered to be printed. to the question of the value of the property, none at all. i object to REMOVAL OF DESERTERS' DISABILITIES. a railroad company being allowed to construct its road through a. cemetery of the soldiers of the late war unless there is an imperative Mr. DONNAN also, from the same committee, report.ed back ad necessity for it. The idea seems to be that railroads should be al- ver ely the bill (H. R. No. 2142) to relieve all persons engaged in the lo'"fed to run their roads wherever they please. If in this instance volunteer military service of the United States at the clo e of the this ro'ld cannot be construct.ed so as to run around this cemet.ery, war of the rebellion from the disability of desertion on account of then there may be no objection to the bill. absenting themselves afterward from their respective regiments and Mr. DONNAN. I will yield to the gentleman from Mississippi, companies without leave. [Mr. McKEE.] Mr. HOLMAN. I ask that this bill be read. Mr. McKEE. The situation of this road is very peculiar. There The bill was re.ad. It provides that all persons who were in the are a great many here who are familiar with the hills around Vicks- volunteer military service of the Unit.ed States on the 18thdayofApril, burgh. They all know that there is a high, narrow range of hills, and 186.S, and who -after that time absented the'IDSelves without leave from the only outlet for a railroad from the city of Vicksburgh is over these their respective regiments and companies, and who were on that account hills or right along the bank of the 1fississippi River. The hills a-re entered as deserters on their respective rolls, be relieved of the sen too high to grade the road up and down them, and you cannot bur- tence of desertion; and that all claims for back-pay and bounty be row two miles through them. This cemetery lies right in the path, audited and paid to them as though no disability of des"'rtion had and if we cannot go across it, we cannot have a. railroad at all. This ever been incurred by them. is the most important railroad that comes to Vicksburgh; it runs Mr. HOLMAN. Do the Committee on Military Affairs consider this through all our rich Yazoo and Mississippi River bottoms. . We can- an improper measure f not get out in any other way; we have tried every way we can to Mr. DONNAN. Let the report be· re-ad. engineer out, and the only route is along the bank of the ~sissippi 1\lr. HOLMAN. Many of the· States have memorialized Congress on River, upon the shelving de'bris of the bluffs. this subject. Mr. HOLM.AN. With this explanation, and with the statement that Mr. WILLARD, of Vermont. Before l1ny further proceedings be the War Department do not object to this road, I will not insist upon taken on this bill, if it is to be· considered, I desire to make a point of my point of order. - order on it. The amendment was agreed to; and the bill, as amended, was ordered The SPEAKER. The Cllai:r will hold that point in reserve. Does. to be engrossed and read a third time; and boing engrossed, it was the gentleman from Intliana [Mr. HOLMA.I.~] object to laying the bill accordincrly read the third time, and passed. on the table Y 1\ir. DONNAN moved to reconsider the vote by which the bill was Mr. HOLMAl.'f. I trust the· report will be read before· any point is pas ed ; and also moved that the motion to reconsider be laid on the ma-de on the bill. table. Mr. DONNAN. Perhaps after the report is read thEr gentleman The latter motion was agreed to. from Indiana will be satisfied that the bill should be laid on the table. · GENERAL B. s. ROBERTS. The SPE.AKER. The point of order will be considered as re- Mr. DONNAN, from the Committee on J\filitary Affairs, report.ed a served. bill (H. R. No. 4185) for the relief of Brevet Brigadier-General B.S. The report was read. It states that the bill 'Proposes to relieve Robert j which was read a first and second time. from the 0harge of desertion all persons engaged in the military ser- The b1ll authorizes and reque ts the President to convene a board vice of the United States at the close of the late·warwhosubsequent to consist of not less than five officers, at least two of whom shall b~ to the 18th day of April 1 65, absent.ed themselves from their re [ • medicaJ officers of the Army, whose duty it shall be to examine and spective regiments without leave, and to give to all such their full report whether B. S. Roberts, lieutenant-colonel United States , pay and botmty as though no such charge had been entered against Army retired, was, as of date December 15, 1870, entitled to be retired them. Among the number of soldiers who so absented themselves, 280 ·CONGRESSIONAL RECORD. J.ANU.ARY 6, ,

the committee state, there are undoubtedly cases of peculiar hardship, The bill was ordered to be engrossed and read a third time; and which have received or will receive favorable consideration by Con being engrossed, it was accordingly read the third time, and pa sed. gress; but t-o restore the entire list to an unblemished record would 1\Ir. HAWLEY, of Connecticut, moved to reconsider the vote by be unjust to the many thousands of their faithful comrades who which the bill was passed; and also moved that the motion to recon· served without breach of military discipline until honorably mus sider be laid on the table. tered out of the service. Desertion from military duty is a ~ave The·latter motion wa-s agreed to. crime; and to restore a large number of persons guilty of the offtmse, without very cogent rea-sons for their relief, will have a most demor ADVERSE REPORTS. alizing effect upon the existing Army, in which organizn,tion "deser Mr. GUNCKEL, from the same committee, reported adversely in tion" is now an offense of too frequent occmTence. the following cases; which were laid on the table: Mr. HOLMAN. I think this bill ought to go to the Committee of A bill(~. R. N<;>. 2582) granti~gto the city of ~aton Rouge, Louisi the Whole on the Private Calendar. · ana, certam portwns of the Uruted States garn.son grounds in that Mr. DONNAN. We have no objection to that if the gentleman city for the purpo e of a public 'park; and . wants to debate it. A memorial of the State board of education of the State of Indiana. Mr. BUTLER, of Massachusetts. This mev.sure would take about FORT BUTLER RESERVATIO:V, NEW MEXICO. ten million dollars from the Treasury. The SPEAKER. It will be referred to the Committee of the Mr. GUNCKEL also, from the same committee, reported a bill (H. Whole on the Privat-e Calendar. R. No. 4188) to relea-se Fort; Butler military reservation; which was Mr. G. F. HO~. I raise the point that it is a public bill and read a first and second time. cannot go to the Committee of the Whole on the Private Calendar. The bill authorizes the Secretary of War to rescind all action here The SPEAKER, (after examining the bill.) The bill will be re tofore taken by the War Department for the establishment of a ferred to the Committee of the Whole on the state of the Union. military reservation at Fort Butler, in the Territory of New Mexico, and to declare said reservation released from any appropriation for ADVERSE REPORTS. military purposes. Mr. DONNAN also, from the same committee, reported back ad The bill was ordered to bo engrossed and read a third time; and versely the following; which were laid on the table, and the accom- being engrossed, it was accordingly read the third time, anu pa ed. panying reports ordered to be printed: . Mr. GUNCKEL moved to reconsider the vote by which the bill was A bill (H. R. No. 1485) directing the Secretary of War to detail an passed; and also .moved that the motion to reconsider be laid on the officer of the Army to go to Freestone County, Texas, to investigate table. the burning of the store-house and goods of L. R. Wortbom, of said The latter motion wa-s agreed to. · county, alleged to have been done by },ederal soldiers since the war; Petition of Joseph H. Chadwick and others, incorpomtors of the JAMES M. SEEDS. . Joseph Warren Momtment Association, asking for a donation of brass Mr. GUNCKEL also, from the same committee, reported ba-ck a bill cannon; (H. R. No. 2938) for the relief of James M. Seeds, of Cincinnati, Ohio A bill (H. R. No. 2970) to govern the transportation of supplies for with the recommendation that it do pass; which was referred to th~ theArmy; - Committee of the Whole House on the Private Calendar. Memorial of the Legislature of Florida, asking that the barracks at Saint Augustine be transferred to that State to be used as a State ADVERSE REPORTS, lunatic asylum; Mr. GUNCKEL also, from the same committee, reported a.dversoly A bill (S. No. 305) for the relief of Albert Von Steinhousen, bte ma in the following cases; which were laid on the table, and the ac- jor Sixty-eighth Regiment New York Volunteer Infantry; companying reports ordered to be printed : · A bHl (H. R. No. 3212) for the relief of Rachel Frisbee, widow of A bill (H. R. No. 1794) for the relief of Henry C. Hirst; Elzy Frisbee; A bill (H. R. No. 1299) to correct an error in the date of enlistment A bill (H. R. No.3416) forthe relief of JacobDice,FountainCounty, of John H. Franklin, late a soldier of Company K, Seventh Regiment Indiana; Iowa Volunteer Infantry, as appears on the muster-roll of said com The memorial of G. H. Graham, late captain Company I, Eighth pany now in the War Department; and Tennessee Infantry; A bill (H. R. No. 2971) for the relief of c~rtain soldiers of the Indian The petition of Robert Mincy; Home Guard Regiment. The memorial of Charles Young; and CITY OF PETERSBURGH, VIRG:rniA. A bill (H. R. No. 419) for the relief of Francisco V. C. De Coster, of Litchfield, Meeker County, M~esota. 1\Ir. GUNCKEL also, from the same committee, reported back a bill (H. R. No. 2375) for the relief of the city of Petersbur~h, and moved EXTRA. HOUR FOR REPORTS OF MILITARY COl\fMITTEE. ~at the same he referred to the Committee on War t.Jlaims; which Mr. DO}("'NAN. In the absence of the chairman of the Committee motion was agreed to. on Military Affairs [Mr. COBUR~] and of the gentleman from Penn sylvania, [Mr. ALBRIGHT,] another member of the same committee, POST-QUARTEJUIASTER-SERGEANTS. who Jtre away from ·the city tmder order of the House attending to Mr.l\1AcDOUGALL, from the Commi tteeon Military Affairs, reported special business, I a-sk unanimous consent they may have the oppor back, with the recommendation that it do pa s, the bill (H. R. No. tunity to report such business as they may have in their hands imme 6178) to provide for post-quarterma-ster-sergeants. diately after the Committee on Indian Affairs. The bill was read. It authorizes and empowers the Secretary of The SPEAKER. The proper way would be to give the committee War to select from the sergeants of the lino of the Army who shall an additional hour. It is entitled to two hours under the rule to have faithfully served therein five years, three years of which in the make r~ports. grade of non-commissioned officer, as many post-qu:1rterma ter- or Mr. DONNAN. The committee may occupy its two hours, but I geants as the service may require, not exceeding one for each mili now ask unanimous consent that the chairman of the committee and tary post or place of deposit of quartermaster supplies, who e dnty the gentleman from Pennsylva,nia· may have opportunity to report it hall be to roceive and preserve the quartermaster snpplie at the such business now in their hands after the Committee on Indian posts, under the direction of the proper officers of the Quartermas Affairs ba-s concluded its reports. ter's Department, and under such regulations as shall be prescribed Mr. BUTLER, of Massachusetts. Not to exceed one hour. by the Secretary of War. The post-quartermaster-sergeants hereby Mr. DONNAN. That is all I ask. authorized shall be subject to the Rule and Articles of \Var, and shall The SPEAKER. In order that there may be no mi apprehension, receive for their services the same pay and allowa.nces as ordnance the Chair will state the request of the gentleman from Iowa. It is sergeants. that after the Committee on Indian A.ffarrs has concluded its report, Mr. B TLER, of Ma-ssachusetts. I hope the gentleman who reports the gentleman from Indiana, [Mr. COBUih~,] chairman of the Com this bill will give some explanation of what will be its effect. It mittee on Military Affa.irs, and the gentleman from Pennsylvania, provides for the appointment of two hundred and fifty new officers [Mr. ALBRIGHT,] also a member of the committee, shall have one of the Army; or it empowers the selection of the e sergeants, aml it hour to report such business as they may have in charge on the part will be necessary to supply their pla.ces in the line by new enlist of that committee. ments. There was no objection, and it was ordered accordingly. Mr. MAcDOUGALL. The bill provides that the sergeants shall he taken from the line of the Army ; and it will not be neces ary to SOLDIERS' ORPHA.J..~S' HOl\ffi OF THE STATE OF ILLINOIS. supply their places as the gentlema.n from Ma-ssacbnsetts has sug Mr. HAWLEY,· of Connecticut, from the Committee on Military gested. Companies under the new organization having only fortv or Affairs, reported a bill (H. R. No. 4187) to donate certain heavy artil fifty men in them can get along with three or four sergeants. The lery to the trustees of the Soldiers' Orphans' Home of the State of bill simply transfers these sergeants and gives them the extra pay · illinois ; which was read a first u.nd second time. which they are entitled to a-s extra-duty men. The bill directs the Secretary of War to furnish to the trnst.ees of The bill was ordered to be engro sed and read a third time; and the Soldiers' Orphans' Home of the State of Illinois six heavy guns, being &~ngros ed, it wa accordingly read the third time, ancl pa eel. with carriages, to be permanently located for ornamentation, two at Mr. MAcDO GALL moved to reconsider the vot by which tue ' said home and four near by at the Bloomington soldiers' monument; bill wn-s pa-s ed; and also moved that the motion to recon8ider IJe ' all of said gnn to be taken from those captured, or such as may be at laid on the table. any time in the Ordnance Department, and not needed by tho Army. The latter motion was agreed to. .,

1875. CONGRESSIONAL RECORD. 281

ALMERO"N E. CALKINS. the bill was passed; and also moved that the motion to reconsider be Mr. MAcDOUGALL also, from the Committee on Military Affairs, laid on the table. reported hack, with the recommendation that it do pass, the bill (H. The latter motion was agreed to. R. No. 2401) for the relief of Almeron E. Calkins, late a second lieu L!EUTENANT R. H. CHADBORN. tenant in the Ei~hth Michigan Cavalry. Mr. HUNTON, from the same committee, reported a bill (H. R. No. The bill was read. It authorizes the Payma-ster-General of the 4189) for the relief of Lieutenant R. H. Chadborn, late of Company United States Army to pay Almeron E. Calkins, late a second lieu B, Eighty-fourth Regiment United States Colored Infantry; which tenant in the Eighth Michigan Cavalry, the pay and allowances of a was read a first and second time. second lieutenant, from the 19th day of March, 1864, to the 23d. day The bill provides that so much of General Order No. 167, dated of July, 1864, the date of his muster a,s such second lieutenant. headquarters of the Department of the Gulf, November 22, 1864, as Mr. 'BUTLER, of Massachusetts. I make the point of order that approves of the proceedings, finding, and sentence of First Lieuteo. this bill must have its first consideration in Committee of the Whole. ant R. H. Chadborn, Eighty-fourth Regiment United States Colored The SPEAKER. The bill goes to the Committee of the Whole on Infantry, by court-martial convened on the 1st day of September, the Private Calendar. • 1864, be annulled, and it authorizes and instructs the Secretary of ADVERSE REPORTS. War to give to the said R. H. Chadborn an honomble discharge as Mr. MAcDOUGALL, from the Committee on Military Affairs, re of the date of his dismissal by the sentence of said court-martial. ported adversely on the following bills, &c.; and the same were Mr. BUTLER, of Massachusetts. Is there a report accompanying severally laid on the table, and the accompanying reports ordered to that bill f be printed: - The SPEAKER. There is. The bill (H. R. No. 1428) for the relief of .Anson B. Lains; Mr. BUTLER, of Ma-ssachusetts. I would like to hear the report The petition of Edward Black, ~ate major Eleventh Tennessee read. Cavalry Volunteers; and · The Clerk proceeded to read the report. The petition of Mrs. B. Brown. . Mr. BUTLER, of Ma-ssachusetts. I withdraw;, , the call for the Mr. THORNBURGH, from the Committee on Military Affairs, re reading. ported adversely on the following bills and petitions; and the same :Mr. HOLMAN. I suppose that should go to the Committee of the were severally laid on the table, and the accompanying reports Whole on the Private Calendar. I make the point of order upon it. ordered to be printed: · The SPEAKER. The bill is referred to the Committee of the The petition of Louisa Scheckcls; Whole on the Private Calendar. The bill (H. R. No. 431) to construct a militn,ry wagon·road in Mr. HUNTON. I understand that there is no objection, and I ask Washington Territory; and that the bill be put upon its passage. • The bill (H. R. No. 2921) for the relief of George T. Cochmne, la.te The SPEAKER. The Chair understands the gentleman from captain Eighth Indiana Battery. Indiana [Mr. Ho~IA...~] to in ist on the point of order on the bilL Mr. YOUNG, of Georgia, from the Committee on Military Affairs, 1\fr. HOLl\IAN. I suppose the point of order is proper, but if gen reported adversely on the bill (H. R. No. 1121) for the relief of the tlemen of the commi~e who have examined the subject think the State of Missouri, on account of ordnance and ordnance stores issued bill ought to pas.'3, I will not insist upon it. · to the said State by the United States during the late war of the Mr. BUTLER, of Massachusetts. I renew the point of order. rebellion; and the same was laid on the table, and the accompany- The SPEAKER. Then the bill is referred to the Committee of the ing report ordered to be printed. - Whole on the Private Calendar. ORDNANCE STORES ISSUED DUllL.~G TIIE LATE CIVIL W A.R. PROTECTION OF THE BANKS OF COLORADO RIVER. Mr. YOUNG, of Georgia, also, from the Committee on Military Mr. HUNTON also, from the same committee, reported back, with Aff:tirs, reported b:tck, with amendments, the bill (H. R. No. 2724) the recommendation that it do pass, the bill (H. R. No. 376"') to pro for the relief of certain States and Territories, on account of ordnance vide for the protection of the banks of the Coloru~o River at Yuma stores issued to them during the late civil war. military depot, .Arizona. The bill was read. It provides that all issues of arms and other The bill appropriates $40,000 to be used under the direction of tho ordnance stores which were made by the War Department to the Secretary of War in the construction of such walls or other works States and Territories between the 1st day of January, U:l61, and the as may be necessary for the protection of the banks of the Colorado 9th day of April, 1865, llllder tho a.ct of April 23, 1 08, and charged to River at the Yuma military reservation, .Arizona. · the States and Territories1 having been made for the maintenance 1\Ir. BUTLER, of Massachusetts. Is there a report accompanying and preservation of the Umon, and properly chargeable to the United that bill States, tho Secretary of War is hereby authorized to credit the several .Mr. HUNTON. There are accompanying papers, and I ask for the States and Territories with the sum charged to them respectively for reading of them. arms"and other ordnance stores which were issued to them between The Clerk read as follows: the aforementioned dates, and charged against their quotas under the WAR DEPARTMID."'T, February 20,1874. law for aDDing and equipping the militia. The Secretary of War hM the honor to transmit to the Hou e of Representa.tl.,es The amendments reported by the committee were read, as follows: copy of letter of chief quartermaster Department of Arizona, relati>e to a project for the protection of tho banks of the Colorado River at Y urn a depot from the ootion In line 11, after the word "authorized," insert "upon a proper showing by such of the current, which h'l.S heretofore "threatened its deStruction during annual States and Territories of the faithful disposition of said arms and ordnance freshets. stores." By reference to the indorsement of the Quartermaster-General it will be seen that And add tho following proviso: the total cost of the work will probably be not less than $40,000. P.rovid.ed, That it shall be the duty of the Secretary of War, before making a The largo store-houses anll the great amount of public property usually at the credit to any of said St.ates and Temtories, to investigate and ascertain so nearly Yuma. depot ·render it importa-nt that a special appropriation should be made to M he can tho disposition made by each of sai an_cl Territories of said arms protect the banks of the nvere.t this point against t.he action of floods. :mel ordnance stores; and if he shall find that any of said arms or ordnance stores WM.. W. BELK.!.'fAP, have been sold or otherwise misapplied,. to refuse a. creclit to snell St.ate or Territorv Secretary of War. for so much of said arms and ordnance stores as have been sold or misapplied; ann the amount thereof shall remain a charge against said Sta.te or Territory the same as if this act b...'1d not been passed. HEADQUARTERS DEPARTMENT OF ARIZONA, CHIEl<' QUARTERMASTER'S OFFICE, The amendments were agreed to. Prescott, .Arizona, .A:ugust 23, 1873. Mr. BUTLER, of Massachusetts. I desire to ask the gentleman CAPTAIN: I have the honor to submit a project for the protection of the banks of the Colorado l"!.iver at Yuma depot from the action of the cnrren~ which has from Georgia a question. Does this bill affect those St:ttes which heretofore threatened its destruction during annual freshets. * * * * have settled up T Does it give them any drawback f lf I under Thoclirection of the cuTI"entof the Colorado, from the mouth of tho Gila, is towarcry necessary to save the buildings The back-filling to be done by labor of troops and depot laborers. already erected from destruction," as the funds at the command of this Depart I estimate the cost of this work as follows : ment will not justify the expenditftre. 715 piles, (12 inches at butt,) 22 feet long, 15,730 linear feet, at 75 cents .. 11,797 50 ::M. C. MEIGS, Brevet Major-General, United States Army. 1501 0~ fee~ (board measure) timber, 12 inches by12 inches, at ewoperM. 15,000 00 3,000 00 lNSPECTOR·GENERAL'S OFFICE, 8~~ie~eia:b~~-:::::: ~ :::: :·::: ~:: ::::: ~ :::::::::: ::~ ::::::::::::::::: 3,000 00 FebTUaT'I.J 20, 1874. Labor, as back-filliug and contingencies ...... ••...•.•...•.•...... 2,202 50 Respectfully returned to the Secretary of War. The following is an extract from Inspector-General Sackct's report of May 12,1873: Total estimated cost ...... •...•.... ---·--...•..•.•....•...... 35,000 00 "I would respectfully call attention to the ri•er b:mk in front of this depot. The In view of the great value of public property liable to destruction at Yuma depot, danger from high water is very great. ThP different officers of the Quartermas I respectfully recommend such action as may secure tho completion of this work, by ter's Department stationetl here for the r,ast fi.vo or six years have done all that lay the foregoing or any other effective ~L'ID, before the high water of the summer of 1874. in their power, by the use of fascines, piles, (such a they can get.,) rubbish stones, Very respectfully, your obedient servant, &c., to protect the bank from w~ahln:• away. Last season tho uuilding wero in '· J". J. DANA, great danger, and, in case of vtry high water this se.'\Son, may a..,.ain be placed in Major and Quartermaster, U. S. A., jeopardy. I think an appropriation s'lioultl bo asked for, for ilie special purpose of Chief Quarterm..'}Jenditnre, I very respectfully recommend that a special appropriation be a-sked for from Con~ess at an early date, and that the design and HEADQUARTERS MILITARY DIVISION PACIFIC, execution of the work be intrusted to an enuineer officer. San Franci-sco, September 5, 1873. I also recommend that Congress be askeCI at the same time to appropriate the Respectfully referred to the chief quartermaster Military Division Pa.cific for estimatecl amount for the protection of the public buildings at Fort llrown, Texas. remark. R. l3. MARCY, By order of Major-General Schofield: Inspector-General, United States Army. D. C. KELTON, Lieutenant-Colonel, A . .A. G. WAR DEPARTM1Nr, May 28, 1874. [Third indorsement.) The Secretary of War has the honor to transmit to the House of Repre enta tives, for the fuformation of the Committee on Military Affairs, as requcskd by HEADQUARTERS MILITARY DIVISION PACIFIC, the chairman of said committee in letter of the 21st instant, letter of the Quarter OFFICE OF CHIEF QUARTERMASTER, master-General of the Arm:y:, dated the 25th instant, showing the number and di San Francisco, California, September 6, 1873. mensions of Government buildings at Yuma. depot liable to damage from freshets Respectfully returned to the assistant adjutant-general headquart~rs Military in the Colo~o River. Division Pacific, with request that these papers, &c., be submitteu to the Quartei· WM. W. BELKNAP, master-General. Secretary of lVar. R. H. ALLEN, Assistant Quartermaster-General. wAR DEPA.RTME..'IT, QUARTERllASTER-GENERA.L'S OFFICE, [Fourth indorsement.] Washington, D. 0., May 25, 1874. Sm: I have the honor to return the letter of llon. JoHX CoBURN, l'tf. C., chhlrm.an HEAD~U.ARTERS MlLITARY DIVISION PACIFIC, of the Committee on Military .Afi'airs, llouso of R-epresentative , referrin,., to the San Francisco, September 6, 1873. letter from the Secretary of War in relation to a project for the protection of the ~-ospectfnlly forwarded to the Adjutant-General. banks of the Colorado River at Yum.a. depot, and calling for information as to the J". ::M. SCHO:E'IELD, number and value of the Government builrlings in danger of d truction, and as to Major- General. tho expediency of removing said buildings to a place of safety. [Fifth indorsement.] The buildings at Yuma depot, located on the bank of the nvcr, and subject to be undel'Il1ined and washed away, are- WAll DEPARTMENT, ADJUTA..,..,"T-GENEUAL'S OFFICE, Qua.rters for the officer in charrre, 45 by 32 feet; walls 3 feet thick, 14 feet high. Washinyton, September 18, 1873. Kitchen, deta{!hed, 30 by 16 feet; walls 3 feet thick, 12 foet high; roofs shingle, and Respectfully referreu to tJlo...Quartermaster-Qi}neral. in goottcondition. • E. D. TOWNSEND, Store-hou es: One building 121 by 103 feet; walls 14feethigh; divicled into three Adjutant-General. rooms; shingle roofs; in good condition. [Sixth indorsement.] Corral, 246 by 216 feet. An engine-hou e, containing a ateam-en:Pne and pump for supply of tho depot QU.ARTER?tf.ASTER-GE..'iERAL'S OFFICE, with water through an elevated stone tank or cistern. September 26, 1873. All these buildings are of sun-dried bricks, (adobes,) and to removo them is im· Respectfully returned to the Adjutant-General of the Army. possible. The project is clefective in not providing a row of sheet-piling, to prevent the If the walls were demolished and robuilt, a great part of the material would be whole construction being undermined by the washing out of tho foose sand of tho destroyed in the process. . bed of the river below low water. Labor, in the intensely hot and dry climate of Yuma, which lies on tho bank of Estimating that this wouhl add $5,COO to the cost, the total cost of the--work mll the Colorado rJ ver, but in the miclst of tho grt>nt Coloraclo JJ rt, is vory co~;tly; probably bo not below 40,000. therefor~:', to auandon these bui!tlin,!!S :mu I'tlUUilll farther back from tho river bank I recommend that Congres~; bo asked to make appropriation for the work, which would bo' ry expr.nsi vc. Tbe country produces no thin,!!, ancl footl for the labor- is very necessary to save tho buildings already erectoU from de.~truction. • ers and tenms cmploycclmu!':t bo hrought 1rom San Francisco. · . These buildin;,s are of adobe, well uuilt, and among the bMt bui!Uings in Ari A description of the depot is to befountl in Outline De criptiousof Uuitod States zona. All builaing is very costly in that country, anu they should be saved, if Military Posts aml Stations, published by the War Department (Quartermaster possible. General's Office) in 1872. The condition of the appropriation for barracks and quarters for the vear 1873-'74 The post is a most important one. and I recommend that the appropri..~tion to does not allow me to recommend that the expenditure for this work; or for Fort protect the banks of the river be made, as already recommendnu by the Secretary Brown, be taken from that appropriation. of War, (Executive Document No. 154, Forty-third Congre.ss, first session.) M. C. MEIGS, These builclings have been erected at intermls during many years. They are in Quartermaster-General, Brevet Major-General, U. S. A. excellent condition, convenient, and snit..~ble for their purpo es. I am not able to report their present value, but it is much greater than the amount [Seventh indorsement.] asked to protect the site; and the cost of rebuildin,!!them woulrl, in all probability, wAll DEP.ARTME~"'T, ADJUTANT-GENEitAL'S OFFICE, much exceed the sum estimated for their preservation, besides interrupting work Washington, October 1, 1873. of depot. • Respectfully submitted to the Secretary of War. • Very res.Pectfully, yourobl:'dient servant, E. D. TOWNSEND, M. C. MEIGS, Adjutant-General. Quartermaster-General, Brevet Major-General, United States Army. [Eighth indorsement.] The Hon. SECRET.AnY OF \VAR, OCTOBER 4, 1873. Washinyton, D. 0. The Secretary of War concurs with the Quartermaster-Generj1}. that no e:xpendi· Mr. WILLARD, of Vermont. I suppose that 1lll must have its fir t ture can be made at present, and directs that the matter be brought before Congress at its next session, and appropriations asked for. consideration in Committee· of the Whole, as it contains an appro H. T. CROSBY, priation f Ohief Clerk. The SPEAKER. Yes; if the gentleman raises the point of order, 1875. CONGRESSIONAL RECORD 283

it must be referred to the Committee of the Whole on the state of the The SPEAKER. That requires unanimous consent. Union. Mr. WILLARD, of Vermont. Before the right to object is parted Mr. WILLARD, of Vermont. I make the point of order. with, I desire to say that I shall object to the consideration of this The bill was referred to the Committee of the Whole on the state resolution in its present form. I have no objection to its being re of the Union. ferre ~ to the qommitte on the Judiciary, but I do

ORDER OF Bl.18:rnES8. pletion of the work at Fort Mifilin. It i~ not to lay out any new work, but to complete what ha{3 been already begun. The SPEAKER. The gentleman from Connecticut [Mr. STARK Mr. WILLARD,ofVermont. Iunderstoodin thecourseofthediscus WEATHER] has moved to go into the Committee of the Whole on the sion last year, upon examination of the testimony then taken1.A.rmyoffi fortification bill, pending which he has moved that all general debate cer.s agreed that, with the exception of perhaps a few points, it was on the bill be limited five minutes. to harclly worth while to ~xpendmoneyforfortifications, asitwnsso easy The question being taken on the motion to limit debate, it was and so much better on the whole to throw up earth-works. The expe agreed to; there being ayes 102, noes not counted. rience of the la.st war of the rebellion proved it was better, more The motion to go into Committee of the Whole w~ then agreed to. readily done, and much more effectual in the end to throw up earth FORTIFICATION APPROPRIATION BILL. works, and it was hardly worth while to expend money, $50,000 and .$100,000 at a time, year after year, to continue work upon these The Honse accordingly resolved itself into Committee of the fortifications. The explanation last year "\'{US so entirely satisfactory Whole on the state of the Union, (Mr. ELDREDGE in the chair,) and to the House, I thought the policy was regarded as settled, and there proceeded to the consideration of the bill (H. R. No. 38'23) making was to be cessn,tion of work in the main on these fortifications. Of appropriations for fortifications and other works of defense for the course if an appropriation should become neces ary, as in the case fiscal year ending June 30, 1876. cited a moment ago for changing a casemate, which really is only a Mr. STARKWEATHER, I u.sk that the first reading of the bill be provision for repair of an existing work, it ought to be made. But dispensed with. . this item seems to contemplate the continuance of this work-a con • Mr. HOLMAN. This is a short bill; and I think it had better be tinuation in other words of this expenditure of money, which has read through. been proved to be practically a useless expenditure. So, .Mr. Chair The bill was read. man, I am inclined to insist on my motion to strike out the paragraph Mr. STARKWEATHER. As general debate on this bill has been and take the sense of the committee on it. limited to five minutes, I desire merely to state that the amount which Mr. O'NEILL. I believ~, l\1r. Chairman, the committee will be the. bill appropriates-$850,000-is the smallest amount that has ever content to follow the recommendation of the Committee on Appro IJeen appropriated in a bill of this kind. The annual appropriations priations in this bill, especially after the explanation made by my • for t.hese purposes for about five years preceding last year were in the colleague on the committee, the gentleman from Connecticut, [.Mr. neighborhood of $1,600,000-nearly double the amount recommencled STARKWEATHER,] who has charge of this pm·ticular appropriation to be appropriated in this bill. Last year the amount recommended bill. The action of that committee last year and its action this year by the Committee on Appropriations to be appropriated was substa.n is in perfect harmony. Last year certain works were omitted upon tially the same as in the present bill-a trifle ftlore. The amount the suggestion of the Bureau of Engineers and this year certain other originally recommendad this year by the Engineer Department was works have been omitted. Tho Committee on Appropriations has 2,168,700; but upon a careful revision of the estimates, ancl on con recommended going on with some fortifications not appropriated for sultation with the board of engineers, we have recommendecl an aggre... last year. As we understood in that committee, from the reports sub gate appropriation of $850,000-about one~third the amount originally mitted to us, the necessity for this appropriation for Fort .Miffiin at recommended by the board of engineers, and about one-haJf the this time is paramount. We have cut off every unnecessary appro amount appropriated for a number of years preceding last year, when, priation everywherA and recommended nothing not essentially neces as I have said, the appropriation for this purpose was a trifle more sary, so as to be as economical as pos ible. The gentleman from than that proposed in the present bill. The committee have in every Connecticut will state that this appropriation for Fort Miffiin is rec case recommended a.s small an appropriation ~ they thought the ommended as absolutely necessary by the Engineer Department. If exigencies of the service would allow. I have nothing further to the gentleman from Vermont will examine the Engineer's report of say in regard to the general merits of tho bill. this year and that of last year and compare them with the appropri The Clerk, proceeding to read the bill by clauses for amendment, ation bills for this as well as for last year, he will discover that all read the following : the works appropriated for last year have not been included in this For Fort Wadsworth, St.1.ten Islruid, New York Harbor, $5,000 . . bill. Some have been left out of the bill entirely, and others have Mr. WILLARD, of Vermont. If I recollect aright, there wa.s no been much reduced below the amounts asked, although recommend appropriation in the fortification bill last year for this fort. The bill ations have been made in their behalf by the engineers, as the Com was at that time considered quite carefully with reference to the mittee on Appropriations still desires ~o follow out the economical testimony taken before the Committee on 1\filitary Affairs and the plan heretofor~ adopted. Committee on Appropriations as to the value of these fortification!'. 1\lr. WILLARD, of Vermont. I am not complaining of the action I had supposed that the policy adopted last year was to be pursued of the Committee on Appropriation~. hereafter. In pursuance of t,hat policy it was considered at that time Mr. HOLMAN. I move to strike out the last word. I think, l\1r. that there were certain fortifications upon which it was not worth Chairman, the investigation before the Committee on Military Affairs while to spend any more money, and so they were dropped out of the at the last session of Congress su.tisfiefl the House that appropriations appropriation bill. I see, however, that the committee have restored made for the continuance -of these fortifications are substantially a a portion of those fortifications; this is one of them; ancl we have waste of just thatamountofmoney. NotonJythatinvestigation, but already passed one or two that have been restorecl. I am not aware experience for many years, if not throughout our whole history, has that the gentleman from Connecticut [Mr. STARKWEATHER] in his demonstrated in my judgment the inutilit.y of constructing the e ex preliminary statement called attention to this point; if he did, his pensive works of doferise, bec.1.use when ·a real emergency ha arrived remarks escaped my attention. I woulcl be gla(l if he would state our experience has shown that works have to be constructed for the re!ft!ons of the committee for including in the bill of this year defense at other points than those selected for these expensive fort-ifi fortifications which were left, out lust year. cations, and thene rth-works are thrown up which have been fonnd to Mr. STARKWEATHER. I will state that this appropriation for be t.he most efficient. I think all these appropriations shoulcl be Fort Wadsworth is made necessary by reason of the experiments in stricken ont and ba,rely a sufficient sum appropriated to preserve tho torpedo practice recently set in operation with refere11ce to har public property as it now stands. bor defense. This appropriation is not for any general work, but I shall seek the floor to submit at the proper moment a motion to simply for the modification of one of the casemates. strike out the entire appropriation, and invest the War Department The Clerk rea.d as follows: with the power to spend 50,000 during the next fiscal year to pre serve, as far as may be necessm·y, the more important of these public For Fort Mifllin, Pennsylvania, 25,000. works and the public property connected with them. I believe our Mr. WILLARD, of Vermont. I move to strike out that item for experience shows t.:Uat wo have expended millions of dollar from the purpose of inquiring of the gentleman from Connecticut, who time to time on theso works, without any benefit accruing, aml with has charge of tbis fortitication bill, whether this is not a new appro out any possiuility of benefit accruing to tho country from the ex priation, as well as the appropriation for Fort McHenry, Baltimore penditure. Harbor, 20,000Y Why should they be included in the bill this year~ Mr. STARKWEATHER. I oppose the amendment• . I wish to say They were not, I think, in the bill last year. to the gentleman from Indiana that even if he allows nothing but Mr. STARK,VEATHER. Fort Miffiin was not included in the bill earth-works there is somet,hing to be done under this appropriation. last year. Upon this work during the past fiscal year repairo have been made Mr. WILLARD, of Vermont. Nor I think wa,s Fort McHenry. to the mastic covering of the magazine , a sand traverse formed over Mr. STARKWEATHER. An appropriation was recommended for each, a temporary drain dug, the flooring and door of the north mag each of these works last year, but they were omitted by the commit azine placed, and a door fixecl on the south magazine. All that bas tee. Certain contingent appropriation was provided so far as some been done in the lust year, and is entirely in harmony with the gen of these fortifications are concerned, but it has been exhanst-ed. As tleman's theory abont sand-works and earth-works. Nothing more my colleague ofi the committee [Mr. O'NEILL] knows, Fort Mifilin is is proposed than to complete what is necessary in order to make now in a condition requiring more work to be put upon it. The avai1'1.ble the work already done. But little was done there last Engineer Department last year as well as this pressed strongly for year-just enough to keep t.he work from going to decay; a,nd now the continuance of that important work. Last year ouly those this appropriation of 25,000 is proposed to complete and render works which were moro pressing than others were included. In ref available what has already be!3n done. erence to this as well as other works, the appropriation having been The amount appropriated in this bill is considerably less than one cut off, they have nothing to fall back upon. It is deemecl essen half what the gentleman from Indiana has voted for year after year tially important this appropriation should be obtained for the com- nntil last year. It is less than one-half what wa8 voted in 183G. 1875. CONGRESSIONAL RECORD. 285

But 1, 00,000 was voted then in a single year for this purpose. The they are necessary to protect us against foreign invasion and foreign appropriation in this bill is less than one-half t hat amount. We wars. ha.ve exercised the greatest economy. The engineers have reduced Now, sir, it is true enough that this money is spent year aft.er year the a.mounts very largely, and the committee, after consuJ tation with on the e works without any appreciable advantage. It is a.n cxpeJ;J.di them, have reduced the aggregate to the low figure at which it now ture like the expenditure upon many of OUI' public buildings, be stands; and we have not placed in the bill an item which we believed cause those in charge of them see where they can expend ten or could be omitted with a due regard to economy. To omit this woulu fifteen or twenty or thirty thousand dollars during the year and keep be to let these works go to waste, and would require moro money up the appearance of work on these fortifications. They are never here::tfter to supply their place. finished. This appropriation is not for the purpose, as I understanu Mr. HOLMAN. I withdraw the amendment. it, at all of simply preserving these works from decay. It is for con Mr. GARFIELD. I renew it. I admit that this appropriation for. tinuing the work upon these fortifications upon some scale or plan fortifications is one about which I ha.ve more doubt than almost any such as has been adopted and which contemplates still further appro other. I wish, therefore, to state the grounds on which, so far as I am priations. pe1 on::tlly concerned, I think we ought to support this bill. I am therefore, Mr. Chairman, not able to see how these appropria We are the custodiaus of the general public safety, so far as.our tions are to be sustained except upon the general theory that we are frontier is concerned. If at :1llY time there should come a foreign to appropriate year after year a certain amount of moriey anyway, war, a contingency against which no man can feel we are always this year to one class of fortifications, next year to another, a.nd so sa.fe, the Congress of the United States would never be reproached on. It does not seem to me to be a wise policy or a necessary policy enough if it bad totally neglected our frontier defenses. The whole for the defense of the country. • , theory of fortifications, from the beginning of the Government until Mr. GARFIELD. I withdraw the amendment. now, has been that we ought to keep a system of defenses at the chief .Mr. HAWLEY, of Connecticut. I renew it. I think we shall after strategic points around our frontier, so that if suduen war comes upon all be obliged to adopt that proposition which the gentleman from us from any quarter wo shall have a resting-place for our feet, some Vermont [Mr. WILLARD] thinks unworthy, and that is that a certain thing for the heel of the giant to press against when the strain comes. sum of money must annu::tlly be expended on fortifications. I suggest And to sa.y tha.t because there is no immediate prospect of war, and that and I adopt it. It is inevitable; it is inevitable so long as we because the money that was appropriated during forty years on forti have important works incomplete. It is inevitable even if the works fications was on a systeni which is now in the main exploded, :md that upon the whole coast he finished in accordance with the plans of the possibly the very system on which we are now appropriating money engineers. I hope my friend from Vermont lives in a house at home will prove to be outworn and out of date in a few years-to use that worth 50,000. • argument is to so,y tho,t we ought not to do anything in behalf of for Mr. WILLARD, of Vermont. I do not; I wish I did. tifications until the imminent danger comes. Now, I to some extent Mr. HAWLEY, of Connecticut. If he does he carinot got along sympathize with the views of the gentleman from Indiana [Mr. HoL without a reasonable sum for repairs for his house and grounds every MAN] in regard to this bill, and that sympathy I know is felt by the year-for grading, for new n:ti.ls, and new paint, and a thousand other Committee on Appropriations to this extent, at least, that we have things with which householders are familiar. Anti so it is with a cut down this bill lower than we have cut it down before in any system of fortifications which has cost $10,000,000; a considerable year that I ha.ve ever been in Congress. It is lower thap. it was last slim is needed annually to keep it in order. So much for the general year even by about fifty-four or fifty-five thousand dollars. proposition. I hold that the appropriation of a considerab-le sum every I wish also to call the attention of the gentleman to another fact vear is inevitable. which I think ought to be remembered in connection with this bill. We • But the gentleman says that these works are not of such a charac •. appropriate 230,000, out of a total of 850,000, not for the building ter as to be a thorough protection. Why, sir, there is no fortification of forts, but for preparing a system of torpedoes, which is certainly one known to the ingenuity of man that is a thorough protection. It is of the most effective methods now known for defending the coast, and an established axiom th:1t nothing can be made that cannot be des also for contingencies for fortifications and for surveys, which are con troyed. There is not a Gibralter, and never will be one, that cannot stantly necessary that we may know what are the points on the coast be taken by an engineer if he is given money and time enough. But requiring defense. Those three it-ems together make '230,000 of this the question is how much for protection does each one of these works bill, which is considembly more than a quarter of the whole amount need. There is too much of a disposition to exaggerate the weakness appropriated. If we are to do anything at all to keep up our forti of these fortifications and the extreme power of iron-clads and of fietl points, I think we have done the least in this bill that is consis heavy guns. tent with sound policy, with what has been the policy of this Govern I know that there is no one of these fortifications that ca,nnot be ment since its foundation. Of course every dollar we appropriate destroyed; I have seen some of them destroyed. Nevertheless they here may be uselessly appropriated. I hope and trust it may be. It will for a long time check the efforts of the most skillful engineers ought to be our hope that every dollar l.:'tid out in fortifications may and the most powel'ful artillery. Fort Pula-ski is by no means the be forever thrown away-that is, that we may never have need to most powerful of our works. It is built of brick, with walls six feet use it; but we never should get over the reproach that woulcl ue in thickne s. But in tho late war the Federal Army set down before t ustly thrown on this Congress if, in case of a s•1dden war visiting that pla-ce for three or four months preparing its batteries before it us, it should be said that we bad done nothing to keep alive these was ready to open fire upon Pulaski. During that time there was not methods of defense along our coast. - a gun-boat in the Federal Navy that was ready t.o go up the river to I had some doubt in my own mind whether we ought ·not to give Savannah until Fort Pula ·ki was reduced. Yet after our prepara about one-half of the money appropriated for the making of guns of tions had been completed we knocked Pulaski down so in thirty-one heavy caliber so that we might not be always merely fortifying with hours that they were compelled to surrender. But it took us two or out arming. It perho,ps is right to keep our arming pm·i passu with three months to get ready t.o do it. Fort Pulaski then retarded the our building of fortifications; :1nd if th:1t proposition were made to co,pture of Savannah for three or four months.· It was very valuaule authorize the Secretary of W:1r to use one-lmlf the sum appropriated to the dofeiiSe of that place. for the making of guns of hen,vy caliber fit for mounting on the sea So in rega.rd to Sumter and the other forts in Charleston Harbor. coast defenses, I for one would vote for it. I am disposed t.o think it Sumter was supposed to be of no particular consequence to those de would be n, wise thing to do; but I do not think any man who looks fending the harbor of Charleston, yet that place was not taken until at the general condition of our works in the past and t!le general con Sherman cut off the approaches in the rear. Yet these works are of dition o~ our fortifications now, will think t.ha.t if we do anything at the very class which the gentleman sneers at. Sumter was not one all we ought to appropriate. less than the amount in this bill. of our most important works,1mt practically it was reduced to a great Mr. WILLARD, of Vermont. The fact th:1t this bill appropriates a sand heap before we were done with it ; it was made practically an small amount is a. gratifying fact of course of itself; but it is no rea earth-work. son why that amount should not be reduced, unless the amount is Mr. \VILLARD, of Vermont. Andstrongerthen thanitwasbefore. :1ctually neces ary. I suppose the gentleman from Ohio, [Mr. GAR Mr. HAWLEY, of Connecticut. That may be very true. But what FIELD,] the chairman of the Committee on Appr9priations, would not head way would the people of Charleston have .made in throwing up claim with any seriousness that our coast defenses are of such a nature earth-works upon that little pla.ce 1 I am not sure there wa any land now ·or are likely to be of such a nature that we should be thoroughly there before Sumter wa8 built; if any, it was only a little sand-spit. protected from foreign in vn.sion. I apprehend that for the future we Five or six feet extra of tide will sweep over the whole of Cockspur have a better protection tha,n that from foreign invasion. We have Is1and. It was necessary, therefore, to carry something to Cockspur protection from it in the fact thn,t the civilization of the race of men Island of which to build a fort. to which we belong has got by the point where they settle their inter The gentleman says that it is well enough to build earth-works. national disputes by war; in fact it has been one of the boasts of the Gentlemen object just as much to the experiments with heavy guns. republican party that it ba.g through the President and Senate inau They say that we have not the best kind of .heavy guns, and would gmated tho,t grand and peaceful measme of settling international let other nations experiment upon them to d~termine which are the disputes by arbitration; that we shall have no more need of guns or best. But if we wait for their experiments the time of war may forts or armies for the purpose of defending the country o,gainst for- come upon us, when we would have to get ready, and it would take eigners. · many months to cast the guns which we would need. So it would to We have had use for our military undoubtedly at home. The prin carry sand upon Cockspur Island to build an earth-work there. The cipal use that has been found for them in the last few years ha-s been course recommended by these gentlemen is an invitation to other na n.t home on the frontier and in the Southern States, but these fortifi tions to mo,ke war upon us upon short provocation. If history means cations are expressly defended, if defended at all, on the ground that anything, it is that it is the part of wisdom in time of peace t,o prepare : •, .

286 CONGRESSIONAL RECORD. JANUARY 6, for war. I rejoice in peace just ns much as the gentleman floes. · But or rather the gentleman from New York [Mr. Cox] but formerly I must recollect that when all Europe was congratulating it~elf upon from Ohio. the time of peace, upon the millennium that wa.s reigning 1hero, like :Mr. COX. Mr. Chairman, on this bill I prefer to come from New lightning from a clear sky the German-French war was precipi ~ ated, York, as tho bill especially concern fortifications on the sea-board. with the cost of thousands of lives and millions of treasure. If his Perhaps the Chair is aware that Ohio, like Wisconsin, is situated in tory is good for anything, there is no use in counting at any time upon land; and- six weeks of peace. There are men now who want Spain and the Though inland far you be, United States to go to war. I do not; I hope they willnot. nut I Your soul ba.s sight of that eternal sea.. can ima~ine circumstances that would bring on a bloody fight in two I hope the Chairman will have a good voyage! But, sir, the gen weeks' tLIDe. And I tell you that the navy of Spain is better to-day tleman from Vermont, [.Mr. WILLARD,] who is also inland, has given than is ours. And, if you go on as you have done for years and years, us beautiful prospects of the millennium. He is an optiihist. I love I believe her navy can whip ours to-day. to bear him talk. He thinks that all these expenditures for fortifi Mr. HALE, of Maine. They cannot. cations are unnecessary. Why f Because the arbitration system inau Mr. HAWLEY, of Conneoticut. I do not say that her men can gurated by the President ought to relieve us from such brge expendi whip our men. Our men can whip any other men on the globe. But tmes. one man is good for not-hing against ten or fifteen inches of iron. Now, I believe in giving c1·edit where credit js due; and the Com Brag will not do there. nut no matter about that; you are not in a mittee on Appropriations deserve credit on this bill, bee au so last year state of preparation either in coastwise defense or in other respects. they reduced these appropriations 1,000,000, and thi year they By the course we have been pursuing, although we may defy them have cut down the appropriations of last year to the extent of to come into our country, within our borders, on general principles, $54,000. Hence they aro ent.itled to credit for this, if for nothing yet our sea-coast cities are not in a condition to resist a sudden attack el e. on the part of an enemy, Now, the gentleman from Vermont undertook to tell us that wars [Here the hammer fell.] . would cease, had ceased, or at least were infrequent; that tho pro~ Mr. HOLMAN. The difficulty in approaching any question of I'ess of civilization would thus render such fortifications and tberr public expenditmes seems to be this: That the argument on all the cost unnecessary. Where did the gentleman read his history t There line of expenditures is founded upon what is claimed to be necessity. never were such wars a-s during the last quarter of a centmy. First Any proposition intende(l to resist the tendency of extravagance in a we had tho Crimean war between three great powers ; then the Ital government like ours always seems to be objectionable. We have had ian war between the French and Italians and Austrians; then the for tbree-qua,rters of a century experience upon the subject we are Prussian and Austrian war; then the great French and Prussian war; now considering. · and then our own great war, which destroyed $7,000,000,000 worth of We are all aware that the prestige and martial character of any values and a million of lives. Why does the gentleman thus ignore great national power is a greater guarantee of safety than any forti all history f Have wars ceased because of the progress of civilization fication that can be erected. We are awm·e that the progress of civ led by this wonderful and peaceful Administration t He says we shall ilization in our age renders it practically impossible that war should not need troops or fortifications, because we never make wars now-~ be precipitated upon us in an hour. The work of diplomacy always days in this land except on our own people ! What irony is this! precedes the deadly conflict of arms. Judging from the events 9f the What a commentary on the past ten years or five days! For several last half century, we can rely with absolute confidence-that kind years, he said, the Army had only been used at home. He might have of confidence upon which men responsible for the safety of a nation said that within the last few days it bas been abused at home. may well act-that months of negotiation would precede an appeal But I do not propose to argue the Louisiana question now. Of to arms. We have learned from the experience of Emope in the course he did not mean that t.he Army bas been n ed to carry elec Crimean struggle that the whole maritime powerof Europecanmove tions. 0, no. Nor to destroy States, nor to strike down personal but a small army comparatively from one portion of the world to an and public liberty. 0, no. other. On the west we. are absolut-ely protected against anything Mr. NEGLEY. And put down rebellion. like an invasion. Upon our east-ern shore we have the intervention Mr. COX. Ancl to claim before the whole nation, as one of yom of thousands of miles of ocean. Three quarters of a century ha\e generals does this morning in a di patch which is no doubt a "lie of demonstrated the absolute absence of value in the works of fortifica the Associated Press," that a whole State is made up of banditti, to tion which we are erecting from year to year at heavy expense. be trie(l by such gentlemen as the gentleman from Pennsylvania, Foreign warfare has demonstrated the absence of necessity for these [.Mr. NEGLEY,] s1ttingasadrum-beadcourt-martial. What a picture expenditures. In our own recent war, even wooden ships passed with is this of the progress of civism and order! entire safety between the fortifica"!ions raised at the mouth of the And you call such dispatches a refinement of civilization! You Missi sippi River-two of the strongest fortifications erected by this call that progress! You call it answering me, like the gentleman Government, and erected at the heaviest expense. If even wooden from Pennsylvania, [Mr. NEGLEY,] by sitting in your seat and grum vessels passed with safety between those fortifications, much more bling. Wby not rise and defend such outrages! Who dm·esto do itt readily could this be done by the iron vessels which modern warfare Mr. Chairman, never was there such a fiasco as the arbitration sys has brought into play. tem of this Administration commended by my friend from Vermont. No, sir; every consideration which should determine a question of You settled the Spanish question, yon settled the Virginius question, this kind shows the absence of any such danger as has been referred did you t Why, it is not settled yet. Yon are following like a little to-the danger that by failure to "prepare for war in time of peace" jolly-boat behind tho British steamer on that question. What have a fearful responsibility may fall upon Congress. There is no such you done to enlarge the domain of arbitration-of civilization t Wo responsibility. We are absolutely secure against au invasion of our always had more or less of claims commissions, of treaties of peace, territory, not only on account of. our geographical position, but by of accommodation and comity between nations for a. century past; reason of the martial spirit of our people, which of itself is a. fortifica but it was reserved for this nation to hold up the white banner of tion stronger and more effective than all the fortifications that could all the nations of the earth, and then make war upon our own people be erected. while in profound peace. The nations contiguous to us on the south have no fortifications. But, sir, I did not mean to be drawn into the Louisiana matter The Rio Grande does not bristle with fortified works of defense; nor until next .Monday. .A.ll I have to say is these expenditures as "to for does the northern coa-st of this continent. .A.ll that can be said is tifications are still necessary. .A.s my friend from Indiana has said, that these fortifications may be needed t.o protect ns against an armed most of the protection of our harbors will be trn:ongh tbe torpedo force that may be thrown upon our "borders from countries three system. .A.ll om fighting hereafter will be submarine. Torpedoes thousand miles away after diplomacy has exhausted its resomces. will best protect om harbors; because, as was demonstrated last year, But, sir, the martial spirit of forty million people already experi there is scarcely an English man-of-war which cannot cross the chan enced in war is an absolute guarantee that we shall be able to com nel at New York as well as other channels of om harbors, blow the mand the respect of the nations of the earth. city up, and destroy it utterly if they choose, were it not for the fact The torpedo system, for which this bill appropriates $125,000, is, as that recent investigations, improvements, and experiments in torpe the gentleman from Connecticut knows, the only defense that can be does have demonstrated we can thus, if in any way, protect our coast relied on for the protection of our harbors. The torpedo system is cities. I therefore am glad $125,000 is fixed in this bill for that speci the Q'Teat protection in modern warfare against the invasion of a fied object, which will protect us when we are not prote9ted other- nav~ power. Hence I say let that appropriation of 125,000 stand; wise. J let the appropriation of $75,000 for contingencies stand, if the gen Mr. STARKWEATHER. I hope we will now have a. vote. tleman insists upon it; let the appropriation of $:30,000 for the sur Mr. COX. I think I have satisfied everybody. Yes, let us vote. veys of our coasts for military defenses be retained, and then if we Mr. GARFIELD. I do not wish to continue this general discussion appropriate the additional sum of $50,000 to be applied to protecting except to make one suggestion which I think ought to be in the these works and the property of the Government in connection minds of gentlemen when they are discussing the Army or Navy or with them, making the entire appropriation $280,000, we shall have any bill which relates to our military arm. I have been great.ly sur accomplished fully what even the most apprehensive gentleman can pri ed lately, in reflecting on the mass of our public debt that nobody, demand as necessary to defend this nation in any possible contin- either in the newspaper press, so far as! know, nor any statistician who gency. · is studying political questions, has ever undertaken to fignre out how Severp,l members addressed the Chair. . large a part of all the tremendous cost of our war was due to the The CHAIRMAN. The Chair recognizes the gentleman from Ohio, ignorance with w~c~ ~~ ~ntered upon that great struggle. I have

.. ,. .. ·.~ : f .,.., • :.. ';: • .. 1875. CONGRESSIONAL RECORD. 287 had occasion lately to study that with a view to make something of will vote more money for the purpose of crushing States Y · I believe an approximate estimate. And the problem rose in great proportions that is what he meant by his remark. If he did not mean that, what in my mind as I studied it. For instance, we entered. upon a war clid he mean 1 I ask the question, for he is generally so just. which, with the most careful and economical management, wa.s of .Mr. WILLARD, of Vermont. I oppo e the amendment. stupendous cost, and we entered upon it knowing almost nothing as The gentleman from New York [1\I.r. Cox] does me a great inju tice, a people about the methods of managing a war. The whole vast and really owes me an apology. I have had some knowledge of that detail of quartermaster and commissary expenses, the details of gentleman dming the short time I have served in Congress, and. I making guns and all the accouterments of war were something that have had occasion to know that in our foreign relations he was full had to be learned and experimented upon. It was worse than the of belligerent spirit. .I do not say an improper belligerent spirit. I crudest possible forms of ordinary experiment in the common bu i do not say that it was anything out of character that he shonlu be ness of life. I 1·ecollect the story of a great oculist, who, when asked sQ. But he has been ready at any time, so far as I have been able to how he le:tn~ed so great skill in manipulating and managing the judge, to precipitate this country into a war with Spain. for the ac human eye, said he had to spoil several hatfuls of eyes before he was quisition of Cnb'1. It was wholly-so far as it might be thought I acquainted with the busine s so he could trust himself to operate on had any malicious pmpose, bn t I had no malicious purpose-it was an eye with success. Now we had to spoil not merely a million, but wholly in reference to the attitude of that gentleman in re pect to our hundreds of millions of tTeasure and a vast number of lives by the foreign relations that I made the suggestion that po sibly we might sheer ignorance of our people in· refem1tce to all military matters. The require coast defen es after the democratic party came into power simple form of knowledge of military a-ccounts brought into the latter more than we require now. days of the war was unknown when we began it. There was waste, Now, sir, let me say further that, whatever the gentleman may far more from ignorance than from a lack of honesty, in the early part choose to say as to the general position of the republican party in of the war; and any man who will go through the old appropriation this House in respect to southern affairs, he has no right to dll·ect bills, which appropriated in vast lumps, when we appropriate(l one remarks of that character to me. He knows, and every gentleman or two hundred million dollars in a lump-and then see the or in this Honse who cares anything ::tbout it knows, that I have stood ders for transportation and the various methods of paying out as firmly here as I have· had ::tbility to stand, at all times, for the money, all of which found their ultimate expression in our bonded rights of American cit.izeus-at home certainly-whethe~ they were debt, but will see I cannot be very far wrong when I express my de white or whether they were black. I deprecate as far as any gentle liberate belief that 40 per cent. of the vast cost of our war may be man, no matter what may be his politics, can deprecate, any Federal set down to the result of the ignorance of the American people 3.bout interference that places in jeopardy the rights of American citizens the methods of transacting the great business of such a war. I be anywhere. I do not recognize Amm1.can citizenship as a question of lieve if there had been kept alive in active and ready preparation the color, bot I consider that when a black man· is shot down for knowledge of the methods of war and the methods of keeping ac expressing a political opinion, it is just as much an outrage upon the counts for carrying on the various functions of war, we could have American fla,g, andjust as loudly calls for redress at the hands of the saved over 40 per cent. of the expense. American Government as when a white man is shot for expressing a [Here the hammer fell.] political opinion, or is moveu away in an attempt to control a legisla Mr. STARKWEATHER. I hope we will have a vote now. ture. The right does not depend in the smallest degreo upon any :Mr. WILLARD, of Vermont. I desire to say just a single word. other question than the question of citizenship, and one citizen is as Mr. COX. I withdraw the amendment. good as another citizen. Mr. WILLARD, of Vermont. I rise to say that the remarks of the Now, sir, it has not been my c11stom to rise here ancl complain gentleman from New York, [Mr. Cox,] who refers no doubt to the whether a black citizen or a white citizen was put in jeopardy or in democracy who are soon to come into power, makes me inclined. to peril; but it bas been my practice, wherever I bad occasion to vote think that we should be prepared for a more belligerent condition of or have been called upon to say anything on that question, to say affairs. I therefore withdraw my amendment. that I believe in equal rights. And I do not care to have ~he .Army Mr. COX. Will the Chair allow me to say, in response to the gen strengthened bec~1use the democracy are coming into power ; I clo tleman from Vermon~ not care to have. our forts stTengthened because of any apprehension The CHAIRMAN. Does the gentleman from New York offer an of a change of ad.ministration ; for the people of this country are able amendment f . to take care of themselves without a standing army; they are able to Mr. COX. Yes, three or four of them. preserve their liberties against all comers without any standing army The CHAIRMAN. What is the gentleman's amendment f for their defense. And the republican party will not ask, Mr. Chair Mr. COX. I renew the amendment to stTike out the last word, in man, that the .thmy be strengthened for the purpose of de~ending order to sav one word in reply to the gentleman from Vermont. I themselves against any anticipated usurpation or tyranny on the part always notice that he keeps a safe distance from an_ything-like bellig of the democrats if t.hey are so lucky as to get into power. erency·, either as to Cuba or otherwise. I mean the gentleman's State, Mr. COX. Does the gentleman from Vermont. approve of the con not the gentleman himself. It was so remote that I believe it did duct of the Army in Louisiana and of the bulletin issued by General not come into the Union until after the Constitution was made. Sheridanf Mr. GARFIELD. The Saint Albans raid, for which a bill wM in Mr. WILLARD, of Vermont. I had the honor to say this morning troduced making an a.ppropriation to-day, was in Vermont. that I did not approve of the course taken in Louisiana for the past Mr. COX. No doubt the gentleman will get every appropriation two years, and I am willing that that remark shall cover the last two he can for his district. Most of us do that. Bnt one remark of the days. gentleman had significance, although it appeared as if he was·treating 1\.lr. COX. Then I make an ample apology to you, and I have to this matter in a frivolous way. Perhaps be does not know that the say about Cuba thali where yon represent my position as in favor of people of this country were never before so aroused and earnest about the independence of Cuba and the recognition of belligerent rights, the condition of things in several of the "States South. Perhaps he it uoes not follow that we must make war; tbat is a non seqnitm·. does not know that the people of this country spoke something about Mr. STARKWEATHER. If we can have discus ion of the bill, I that condition in the last election. It is a part of the inner thought hope we shall h::tve it; but for an hour past the discussion has been of that revolution. Perhaps he or his party would like to vote a entirely of a political nature. little more in the shape of arms or fortifications, not for the purpose Mr. COX. I withdraw the amendment. of preserving the Union and conserving public or personal liberty, Mr. BECK. I renew the a,mendment for the purpose of saying a but for the purpose of strikinll' down those rights. But I warn gen word. I will not take long. A good deal has been said about civil tlemen on the other side, and particularly my late lamented friends liberty and human rights. I desire in Yiew of those remarks to read who bec:une defunct laat fall, that when they cheer certain spiteful the following dispatch : sentiments on tills floor, :J.s they did yesterday, when they exult over HEADQUARTERS Mll.J.TARY DIVISIO~ M.r.sSOURJ, the destruction of State rights and State Legislatures, they are giving New Orleans, Louisiana, Jantta'T"'J 5, 1875. Hon. W. W. BELK..~AP, cheers not exactly in accordance wit.h public sentiment, and not so Secretary of War, Washington, D. 0.: cheerful to the common weal. • I think the terrorism now existing in Louisiana., Mississippi, and Arkansas could Moreover, I will say to the gentlemen that if there ever wa-s any be entirely removed a-nd confidence ancl fair dealing established by the arrest and thing that shook and shocked the public sense, it was the unprece trial of the ringleaders of the a.rmed white leagues. · H Congress woultl pass a. bill dented ord~r, promulgated by General Sheridan, _published this declaring them bamlitti they could be tried by military commission. This ba.ndit ti, who murdered men here on the 14th of last September, and also more recently at morning. It outTaged every sentiment of parliamenta1·y decorum Vicksburgh, Mississippi, should, in justice to law and order and pea-ce and pro - and privilege. No insolent Tudor or Stuart did more or worse. It perit_Y, of this southern part of the country, be punished. It is possible that if the scorns every regard for public law or public organisms of any kind. Pres1clent would issue a proclamation declaring them banilitti no further action need be taken except that which would devolve upon me. It is a satire on public order and safety. The people of this country P. H. SHERIDAN, will not be patient or forbearing towaro those who thus use force Lieutenant-General United States .Army. . ,- for such iniquitous purposes. The people of Louisiana have been The city is very quiet to-da.y. No unusual demonstrations in any quarter. The forbearing. God knows they are still patient. They are warned to military still occupy the State-house. be so by the terrible predicament in which they are placed; they are In this connection I w.ant to call attention, in the face of that ells warn~cl by their friends here to continue to be so; and while they fight with suffrage and moral forces against thleves, while they patch, to what t.he Supreme Court, in 4 Wallace, page 124, decided: It is claimetl that martial law covers with its broad mantle the proceedings of .fight despotism with the spirit of freemen, they do not, they have this military commission. The /roposition is this : that in the time of war the not, they will not raise their haml against our flag. \Vhat neecl, commander of an armed forco (i in his opinion the exi~encies of the country de therefore, for the remark of the gentleman from Vermont, that he mand it, and of which he is to judge) has the power, within the lines of his mill· 288 CONGRESSIONAL RECORD. . JANUARY 6,

t.ary district, to suspend all civil rights and their remedies, and subject citizens as yes, thousands of men have been ruthlessly slaughtered in cold blood well as soldiers to tho role of his will; and in the exercise of his lawful authority cannot be restrained, except by his superior officer or tho President of t.he Unitoo because they dared to havepolitical opinions n,nduo man in the South States. has been brought to punishment for it. All that evidence goes for If this position is sonnd to the extent claimed, then when war exists foreirn or naught. Ancl why? Because the testimony of Kn-Klnx: men tho te dm~cstic, and tho conn try is subdivided into military departments fo;. mer; con timony of white-leaguers, the testimony of rebels iu dis!!lli~0 is that vemence, tho co~andro: of one of them can, if he chooses, within his limits, on all this is false. tho plea of necc~s1ty, w1t~ the approval of the E~ecativo, substitute military force for and to the exclus1on of the laws, and pumsh all persons as he thinks :Mr. DURHAM:. ·wm the gentleman allow me to ask him a question f right and proper, 'vithout fixed or certain rules. ' :Mr. TRE1\lAlN. I have no time. The gentleman can take time Tho state~ ent o~ this propositioJ}. shows it im,Portance; for, if true, republican 3:fter I am through. All I ask is time, and I will answer any ques governmen.t IS a failure, and t~ere IS an end {)f liberty regulated by law. Martial raw. establishen on such a baslS, destroys every guarantee of the Constit.ution and tio;n. :My colleague [Mr. Cox] speaks of the republican pacty as a. effectually renders the" military independent of and superior to tho civil po~er ·" dymg party. the attempt ~ do which by tl;Je Kin_g of Great Britain was deemed b,v our fathe~s Mr. DURHAM. I propose to ask the gentleman a legal que tion. such an offense that they asSI"'ned 1t to the world as one of the causes which im Mr. TREMAIN. If I can have the time I will yield to any inter- pelled them to declare their in'dependence. Civil liberty and this kind of martial law cannot endure to~etb er; the antagonism is irreconcilable and in the conflict ruption and answer any question. one or tho other must pe1ish. ' Many MKmERS. Take the time. I have called attention to the law of the land, as decided by the Mr. TREMAIN. Very good; I will yield to the gentleman. Supremo Court of the country, in view of this proclamation or tele Mr. DURHAl\1. I want to ask the gentleman, who is a distll1!!nished gram to the ~ecretary of War by the commanding general in Louisi lawyer, whether he indorses the telegram of General Sherida.g which ana, demanding that the e people shall be treated as banditti and my colleague [Mr. BECK] road here' turned over to him to be tried by military commission or to be treated Mr. 'rREMAIN. That que tion is wholly impertinent. But if I as ho may think fit, and I do it for the purpose of saying to Con!!Tess can have time I will tell what I think about that. But 1 was peak nnd the country that the President of the United States will gome ing of what was said by the gentleman from New York, [Mr. Cox.] short of his dnty if, in view of such a dispatch, he does not remove He says that thes~ movem~nts o~ our side are the throes of a dyin(J' that commander and put a man there who has some regard to the party. And I t.hmk he said durmg the debate upon the finance bill rights of the Jleoplo. that that w~s ~he ~roan of a dying party. M.y colleague [Mr. Cox] . Mr. STARKWEATHER. I believe there is no amendment pend knows how ~t .18 hunself. _A party c:m be dy_mg for fourteen years mg. and yet exhibit some considerable signs of hfe, when the occasion The CHAIID!AN. There is an amendment pending, and the gen ca~s f.or it. It may be that the repnb~ican party i a dying party. tleman can oppose it. If 1t lS prepared now, because of one smgle unfortunate campai(J'n Mr. STARKWEATHER. I ask for a vote. We have had no talk during a brilliant career of fourteen year , to go back npon th~ o ing on the bill for some time, and I want a vote. great prin~iples to which it stands pledged before the country; if Mr. TREMAIN. I rise to oppose the amendment. the republican party refuses to learn from the precedents et for it Mr. STARKWEATHER. :I give notice that hereafter I shall op of pluck ru;td resolution by the democratic party of this country; if pose the withdrawal of any amendment the object of which is to the republican party are ready to say that by rea on of one single keep up this political discussion .. disa-strous ca~paign during fourteen years they are ready to abandon Mr. TREMAIN. The amendment can be renewed in another form. the. great prmciple that every man within the jurisdiction of the I move to strike ont the last worcl. tJmted States, be be black or white, shall be protected in the enjoy The CHAIRMAN. That amendment is already pending. ment and expression of his constitutional rights, including the right Mr. TREMAIN. Mr. Chairman, I have observed during my short of the elective franchise,- then indeed is it a dying party. experience in this House that the discussion of au appropriation bill [Here the hammer fell.] seems to be like a sort of safety-valve, to allow gentlemen of the oppo Mr. BECK. I withdraw my amendment to the amendment. sition to discharge surplus steam, and thus probably save themselves :Mr. STARKWEATHER. I object to the withdrawal. from an explosion. Now, I do not know that I ought to complain of Mr. DURHAM. I want to give the distinguished gentleman from the practice that seems to have been resorted to here on the part of New. York [M:'· T~..E~I~] an opportunity to a~swer my question; • the opposition of taking occasion in the discussion of every appropri and If the ChaiT will grve me the floor for five mmutes, I will yield ation bill to attack the Administration ancl everybody connected with the whole of the time for that purpose. it, because I have observed that it amounts to nothing; in all the The CHAIRMAN. Debate is exhausted on the amendment, and the harangues and all the complaints and the groaning and how ling I amendment to the amendment. have heard here, I have not discovered that a single dollar has been l\Ir. ARCHER. I move to amend the amendment. stricken out of au appropriation bill or an amendment of any kind The CHAIRMAN What amendment does the gentleman propose t carried; indeed, it does not seem to be desired that such a result should Mr. ARCHER. I move to strike out the last two words. be attained. It allows gentlemen to select their own point of attack. The CHAIRMAN. That is not in order. An amendment to an It allows them, too, without reports and without testimony, to pre amendment is already .pending. sent their own statement of the case. It allows them to build up a Mr. MYERS. I understood when the gentleman from New York man of stmw in order to show with what facility they can knock it [Mr. TREMAIN] was interrupted by the gentleman from Kentucky dowu. They are not under the necessity of confining themselves to [Mr. DURHAM] that there was a distinct understandin()'0 that further any issue, to any report, to auy facts. Consequently they have the time would be allowed him. broadest latitude, and we see how liberally they have availed them The CHAIRMAN. The gentleman has had nearly ten minutes al~ selves of it. ready. They bn;ve another advantage. If they have brilliant imagina .Mr. RANDALL. Then I think this side ought to have two minutes. tions, they can draw upon their imnginations for their facts. If they The CHAIRMAN. The committee will determine that question. are men of genius, as they are, if they are men of invention, ancl Mr. RANDALL. I should like to have about two minutes in reply t,hey are rich in that quality, all they have to do is from their imagi to the gentleman from New York, [Mr. TRE:-.urn.] nation to build up a state of facts and then show how adroitly they · The question being taken ou the amendment of .Mr. BECK to strike can knock down what they have built up. They may take as evi out the last word, it was not agreed to. dence the reports that come up to us from an associated press under Mr. ARCHER. I move to amend by striking ont the two last the control of Ku-Klnx in the form of white-leaguers; they mav words. take testimony coming from men covered all over with crime, and The gentleman from New York [Mr. TREl\IAIN] has seen fit to lec say they will act upon that. ture this side of the House. We might well return the lecture to And then, when an officer of the United States, who is now on the the republican party, of which my friend is an honorable member. spot, educated iu the Army, and bound by all the traditions of his pro Sir, it is an undeniable and tmdisgnised fact that fraud, corruption, fession to adhere to the trnth, sends, as he did yesterday, a communi tyranny, and misrn~e havo existed in Louisiana, and this with the cation like this- rep·1bliean party holding control of every branch of the Government. NEw ORLEANS, Ja:n.uary 4, 1875. For all the long years since tM termination of the war, the republi Hon. W. W. BELKNAP, can party has controlled the various departments of the Government; Secretary of War, Washington, D. C.: yet no peace, no good government bas come to the oppressed people It is with deep regret that I have to announce to you the existence in this St.

I should not have said a word upon this question but for the extraor- democracy have not power there is no peace. And what is the rea clinn.ry exhortation of the rustinguished gentleman from New'York, son for itf Because they are determined to overcome all fair and [Mr. TREMAIN.) I certn,inly do not desire by any means to treat this possible expre ·sion of the will of the people, in the forms prescribed question in a partisn,n light. Bnt my colleague [Mr. BECK] announced by law, by armed force and by violence; and if the officers of the a simple legal proposition. He read a dE;cision of the Supreme C!)t;rr~ Army or the President of the United States thinks proper to put forth of the United Stn,tes, and threw out the suggestion that as General the power of the Government to protect and defend peaceable and Sheridc:IJl had outraged law and propriety, it was the bounden duty unoffending citizens they are to be assailed, while not one word of of the President to remove him. I understood the Representative complaint is uttered here against the m~n who have rendered this from New York [Mr. TREMA~] to justify everything that the Admin- intervention necessary. istration has done, either in person or through General Sheridan, who Mr. RANDALL. Will the gentleman from _New York permit me is now there in command. The simple inquiry which I put to the to ask him a question? distinguished gentleman from New York, and which I now repeat, Mr. TREMAIN. I have not the time, but will not object if it is was, does he, a@ a legal gentleman, indorse the telegram issued and not taken out of my five minutes. published by Geneml Sheridan. I yield to him the remainder of my l\fr. RANDALL. So far a-s I am concerned, I will give you part of Jive minutes that he may answer this question. · my time for answering you. Mr. TREMAIN. I say to the gentleman that if the question comes Mr. TREMAIN. Mr. Chairman, I wa-s about to answer my col- to be whether unoffending and peaceable white and Llack men are to league from New-York, [Mr. .Cox,] but was inteJ."rupted, when he be cut down without the forms of law or whether officers of the said this party is dying. I had proceeded so far as to say if there Army of the United States shall use their power to cut down their publican party was now prepared to abandon the black man of the murderers, I justify the Army of the United States. But, sir, the South, prepared to go back upon its pledges and upon its platform, question, a-s I have said before, is impertinent. prepared to destroy its reputation for consistency and integrity-- [ Here the hammer fell.] [Here the hammer fell.] · Mr. DURHAM. I did not yield to the gentleman to deliver a l\fr. NIBLACK. What is the state of the question f lecture. I put to him a categorical question-does he indorse t)lat Mr. RANDALL. I should like to ask the gentleman from New telegram f And I do not intend that he s"Mll dodge that question. York a question. · Mr. TREMAIN rose. Mr. NffiL.A.CK. I rise, Mr. Chairman, to oppose the amendment. The CHAIRMAN. Debate on the amendment is exhausted. The gentleman from New York [Mr. .TREMAIN) will persist in wan- Mr. ARCHER. I withdraw the amendment. · dering away from the real question in this case. , I know it is inter- Mr. STARKWEATHER. I object to its withdrawal. esting to discuss the birth, growth, and death of political parties, but The question being taken on the amendment of .Mr. ARcHER, to that wa-s not the question addressed to him by the gentleman from strike out the two last words, it was not agreed to. Kentucky. The question was whether in the State of Louisiana the Mr. ST-4-RKWEATHER. If we cn.n have five minutes more of this alleged lawlessness does e:rist. That crimes are committed thero di cussion on each· side and then go on with business, I shall be sat- everybody knows, and we upon this side of the House are just as istied. I hope that may be agreed to. conscious of that fact as the gentleman from New York or anybody 1\lr. RANDALL. I move to amend by striking out. the last three else on the other side. The question, however, is whether that law words. The gentleman from New York, [Mr. TREl\lAIN,] who has just lessness, if it does exist, shall be punished under civil or military taken his seat, ha.s read a telegram received here yesterday from Gen- law; whether proceedings shall take their usual course in the civil eral Sheridan, and he has alluded to that officer in words of high court~ of the country, or punishment shall be meted out by martial praise,. characterizing him as possessing, as one o.f the qualities of a la,w. good soldier, truthfulness. Now, I assert that this officer has forgot- General Sheridan, now in command of the district of Louisiana, ten the first duty of a man and a soldier; he has forgotten his love has sent a telefrTam, to which allusion has been made, asking that of truth. Not one word of fact accompaning this telegram of y~ster- martial law sh:ill. be proclaimed, and the people of Louisiana tnrned dn,y justifies its assertions; and I am glad to see here to-day that when over to be tried by him under the authority conferred upon him, as this military despot attempts to advise that Congress shall by law he claim~ he has the right to exercise it under martial law, as authorize him to execute his whim and caprice in that sovereign these men are, as he claims, banditti and thereforeout of the pale of State, and when he tells us that if we fail to do this aJl he needs is civil law. Now the gentlemn,n from New York could have told us, if the procla.mation of the President of the United States, under which he saw proper and desired to be canrud, as to whether he is in favor he will finish the matter by trying these citizens-white citizens they of punishing these people by martial or civil law; and whether if he may be-by drum-head court-martial. I am glad to see that no Rep- is in favor of punishing them by martial law, how then we shall get re entative of the people here to-day has courage to justify or approve rid of the State government of Louisiana. How shall we get rid of such a proposition. A.s the gentleman from Kentucky [Mr. BECK] that responsibility which devolves upon the courts of the Sta.te of has suggested, if the President of the United States wants to clear Louisiana first, and on the courts of the United States next, which his skirts of such a manJ he has but one wa.y to do it; and that is to have to enforce the law if the courts of Louisiana fail in their duty remove him from the trust he is abusing. in this respect Y How shall we get qilit of that constitutional pro- Mr. E. R. HOAR. I rise to oppose the amendment. I wish to sug- vision that the e people shall be punished under indictment preferred gest to the House that an officer of the Army should not in my under well-recognized forms of law, which is found in the Constitu judgment be removed until he does something that is illegal or un- tion not only of the United States but of every State in the Union patriotic, and that if we were to adopt the principle that every man of which I know n,nything f It is all very well to talk about free who gives bad advice is to be removed from his place, I am afraid speech-- · we should clear this House of the democratic party. Mr. TREMAIN. Does the gentleman desire me to answer his ques- Mr. TREM.A.IN. I rise to oppose the amendment. tion 1 The CHAIRMAN. Debate is exhausted on the pending amendment. Mr. NIBLACK. Yes, sir; I should like the gentleman to say The amP.ndment to the amendment was disagreed to. whether he is in favor of civil law or of martial law. Mr. TREMA.IN. Imovetostrikeoutthe last word. Mr. Chairman, 1\lr. TREMAIN. I am entirely in favor of enforcing the civil law the question put to me by the gentleman from Kentucky [.Mr. DoR- when t.he civil law C:lJl be enforced. But if murder after murder is . HAM] simply is a carrying out of the most extraordinary position as- committed and State courts refuse to interfere, then I am in favor of sumed by the gentlemen on the other side of the Chamber, which is declaring martial law, and would bring the whole power of this that men are to be punished for opinion.'s sake. No verruct is neces- Government to bear in order that peace and order may be preserved. sary, for if they dare to think a-s other~ do not think they are to be 1\lr. NIBLACK. We have in Louisiana a State government in bar sacrificed. White men are ruthlessly slaughtered by a band of ban- mony with the Administration, in harmony with the party which has dits who seem to make murder a part of the political institutions of power in the Unit~d States; and if the Geneml Government, assisting the day, and they are to be shelt~red aud not a word of condemna- Governor Kellogg who is recognized by it as governor of the State tion is to be uttered against them. Where have you heard one single of Louisiana, cannot maintain pea-ce and order by civil law; it .is not word of complaint from gentlemen on the other side, who are assail- a republicn,n government that prevails in the State of Louisiana.. ing the Administration and the officers of the Administration in regard That is my answer to the practical question now before the House. to those unjustifiable assassinations, murders, and crimes with which llr. TREMAIN. I withdraw the amendment. the escutcheons of the Southern States have been so shamefully dis- 1\lr. HARRIS, of Virginia. I renew it. graced f Mr. Chairman, I would not have uttered a word on this occasion The gentleman says there is no authority for the telegram which but for the wholesale and unjust accusati.on of the gentleman from came up yesterday. Is there :my dispute about the fact that a re- New York [Mr. TREMAINl that crime and murder were committed turning board, clothed with full power to give p·runa facie evidence in the South and that the courts and governments there were found of election, had given certificates of election, and in advance of ina-dequate or unwilling to punish the offenders. Sir, I cn,nnot per those certificates an armed body of men took possession of the State- mit such charges to be made, so unjust, so untrue, without a flat de·· house, and by force resolved there should be no fair trial of the merits nial of them. . of these contesting claims, but they should become prim.a facie clothed Pardon the digression when I state that I think party politics ought with all power f Is there any dispute about the fact that the State- not to be introduced when the important questions involved in the of Louisiana ha.s been engaged for years in a revolutionary attempt orders of General Sheridan are being rliscussed. Those questions rise on the part of a minority to obtain possession of power by force f above party and strike at the very foundation of constitutional gov- 'l'he gentleman says that in certain cities there is peace. Yes, ernment and civil liberty. '!'hey raise the question whether this is a th~re is peace wherever the democracy have power, but where the government of prescribed limits, whose powers are clearly defined by ill-19 290 OONGRESSION.AL R,ECORD. J .ANU.ARY 6,

organic law a government republican in fact as well as in form, or Mr. McKEE. I renew it. The ~entleman from Virginia, I Mr.liAR whether it fa but a military despotism in which the Legisln.tures of RIB,] as usual, misstates the questwn in the· South. the States are to be made and unmn.de by a military commander at Mr. STARKWEATHER. I must object to the continuance of this his will and pleasure, and the lives of the people to be intrusted to discussion as not pertinent to the bill. his keeping and by him to be tried and executed without the forms of The CHAIRMAN. The gentleman's point of order will be goocl law or trial by jury. Yet, as .the gentleman fro~ N~w Y?rk, [Mr. when the occa-sion for it arises. The gentleman from Mississippi will TREMAIY,] instead of dealing with the great lega:l prmCipl~ illV~lved, proceed in order. goes out of his way to .inject a stll!llp speech illto the discussiOn, I :Mr. McKEE. I speak on striking out the paragraph, of course. will be pardoned for saymg a word ill reply. :Mr. BURROWS. Would it be proper to inquire what the amend I want the country and this House, especially the gentlemen on ment is 7 the other side to know that 1'l>w, order, and good government pre The CHAIRMAN. It is to strike out the paragraph making an vail in every State South where the conservative or democratic party appropriation :for Fort Miffiin . has control and that there has been no material disturbance or any. .Mr. BURROWS. I would be glad to hear it read. crime conJnitted there which was not promptly punished by the Mr. McKEE. I decline to be interrupted. courts of the country. There freedom of speech, of franchise, of The CHAIRMAN. The gentleman from 1\Iississippi is entitled to every right guaranteed by the Constitution, is enjoyed to the fullest the floor and will proceed. extent by all classes a~d colors, without ex?eption, with none ~o 1\Ir. McKEE. 'Ve have heard enough to-day of democratic lectur complain, because there IS no cause for complaint. ~ook at old Vrr ing, and I have been ashamed for one of the cowardly conduct of my. ginia, snatched from the hands of carpet-baggers JUSt as t.hey had republican friends. They stand here beneath the lash of the democ begun to suck the last drop of blood, and see how good order ~d racy, who make all manner of assertions, false as every one knows good ~overnment prevail there. See, too, Tennessee, North Carolma, them to be, and gentlemen of the republican party get up and apolo Georg1a, and Texas, where the conservative party ha'e control, how gize for Phil Sheridan, and almost apologize for their republican in peace they progress. . faith. I do not blame the gentleman from Virginillo [Mr. BARrus] Now Mr. Chairman, I ask the gentlemen on the other ~nde to look fur not liking Phil Sheridan; that is natural in a democrat, and · to ~issippi, Arkansas, and Louisiana, where these disturbances do especially a Virginia democrat. · exist, and see who has control of the governments of those. States, and Mr. STARKWEATHER. I submit that this discussion is not in it will be seen, sir, they are all und~r the control of repubhcans or car order. pet-baggers. Look t{) Louisiana. Where began yourtroubles theref Mr. .McKEE. The gentleman will allow me. He must wait until Between two illinois carpet-baggers, Warmoth and Kellogg, who went I come to the question. ~promote their own interest and not to protect thep~ople, :who went The CHAIRMAN. The point of order is well taken, and the gen to enrich their pockets at the expense of the Stat~. Like ~hieves fall tleman from Missis ippi must confine himself to the subject-matter ing out about the plunder, they fall out about therr power ill the State, of the parauraph. . ral8e a disturbance which is kept up for two or more years, a,nd then, Mr. McKEE. Other gentlemen have not been confined to the ques when the people in the majesty of theu strength rise above t~em ~' tion, and I want the same latitude of debate. I am especially after and by popular will in legal form take control of the legiSla,tive the geut.leman from Virginia, who states that in Warren County, branch of the governme~t, the military, w~th the usurper's sword, in my State, the trouble arose because a sheriff of the county had deprives the people of theu just representatiOn, and agam hands the stolen the taxes. government over to those who have despoiled it. Of tbis the {>eople The CHAIRMAN. The gentleman from Mississippi is out of order. complain and for this they are to be declared ba.ndits and to be shot The gentleman from Connecticut [Mr. STARKWEATHER] objects to down as ~utlaws and highwaymen. any discussion of anything but the paragraph, and the gerrtlemru1 How with Mississippi f That State is in the hands~£ therepub~icans, must confine his remarks to that. from the sheriff who collects the people's money w1thont secunty up Mr. McKEE. Well, I am coming to that. to the governor. Yes, in every ~ranc~ a~d department the native The CHAIR~IAN. The ~entleman had better come to it at once. republican and carpet.-bagger have unlimited control. lfthey do not Mr. McKEE. I have a nght to speak in my own way. How does keep the pence, it is the result of their own bad conduct, and proves the Chair know how I am goin(J' to come out f what good men have saiJ, that they are not tit for the positions they . The CHAIRMAN. The gent!emnn will strike in where he intends occupy. LooktoArkansas. Wh~tistl_leresulttheref .Again wefind to come out.. republican office-holders quarreling with each other llke dogs over Mr. McKEE. The gentleman from Connecticut had better not get a bone; they fight for tho loaves and fishes; and when they become up any more. Now, in the case of Warren County, to which refer alarmed at the storm which they themselvea have raised, one side or ence was made, not one dollar of taxes ha.s been stolen by that sheriff. the other criea help; telegraphs for the military. The Attorney-Gen He bas collected and accounted for them all. I do not wish to discuss eral converts himself into the Commander-in-Chief of the Army of the Mississippi case further than to say this much, for I prefer to the United States, gives military orders, disposes of the Army! the wait until we hear the report of the special committee that has been effect of which is to raise a row generally, and then · the republicans sent down to investigate these occurrences, bnt I am not ~oing to on this floor exclrum, The spirit of the rebellion still extant! Men are have it said that a republican sheriff stole the taxes when It is not butchered.and no one punished. Thus seeking aga:in to inflame th.e true. public mind of the North and to hold the democratic party responsi The CHAIRMAN. The gentleman is out of order. It is apparent ble for the result of their own bad acts. now that he does not get to the paragraph. I call upon the country to bear witness that good order mid good Mr. McKEE. Why, Mr. Chairman, I might say that it is necessary rrovernment prevail in all the States under the control of the demo that these taxes should be collected and accounted for if we are to ~ratic party, because it is just to all; and thnt disorder an~ bloodshed, build Fort Miffl.i.n; there can be no doubt about that being pertinent. if they exist at all, are in republican States, because thell' rulers are Then again, Mr. Chairman, comes the charge here that order reigns just to none. in the South wherever the democratic or conservative party holds [Here the hammer fell.] sway. Now, I know better than that, and I believe they do. They Mr. McKEE rose. · say that wherever the democracy have been supreme, there law and Mr. STARKWEATHER. This political discussion has continued order have rei(J'ned snpreme. God save the conntry from white for some two hours. I wish to bave the debate confined to the leao-ue "law and order." They say that law is enforced; that crime pamgraph of this bill now pending. I think both sides h~ve now is always punished. I say I do not believe you can find ten instances been fully heard. in all the South where a white man has been hung for killing a col The CHAIRMAN. Debate on the pending amendment is exhausted. ored republican, and everybody knows that thousands of them have Mr. McKEE. What is the pending amendment t been killed since the war. In my State I cannot find a single ins tanco The CHAIRMAN. It is to strike out the laat word. where a white man hns been hung for killing a colored man, nnd hun Mr. McKEE. Then I move to strike out the last two words. dredR of colored men have been killed since reconstruetion commenced. Mr. STARKWEATHER. I rise to a question of order. The amend You search the records of our courts in vain for such an instance ; ments on which this discussion has taken place are the same amend Mld our State is the best one in the South. When democrats come ments offered over and over again. I object to any gentleman con here talking about law and order in the South, and telling us about tinuing this political discussion on the pending bill. the troubles and outrages in Louisiana, I ask them who murdered the Mr. TREMAIN. You cannot stop it. men at Coushatta t Who killed the hundreds in Grant parish f Who Mr. STARKWEATHER. We have had twelve speeches and more slaughtered men in Saint Landry f Who murdered republicans at than twelve men have been heard on each side. Mechanics' Institute, and sprinkled the streets of New Orleans with The CHAillMAN. What is the gentleman's ·point of order! loyal blood t E ~ery o~e of the parties .engaged in those ?utrages be Mr. STARKWEATHER. I object to the amendment that it is the longed to the democratic party, attendmg the democrat10 caucuses, same amendment which has already been voted upon, no other amend and voting the democratic ticket. Their platform is red with the ment having intervened. blood of slaughtered men, and if, in order to stop these outragea, it is The CHAIRMAN. If th~ gentleman objects to the amendment be necessary to declare martial law to protect the citizens, I would pro cause it is simply formal, it would be the duty of the Chair to- declare claim it and welcome it. They say that in Louisiana the republicans that it is out of order. have committed robbery; that they have stolen money. Even if true Mr. McKEE. Then I move t{) strike out th6 paragraph. they are not so bad as the democrats, for if the bad republicans are The CHAIRMAN. That amendment is already pending. thieves, the vicious democrats there are assassins. The history of Mr. WILLARD, of Vermont. I withdraw it. Louisiana reconstruction· is written on a bloody pa,ge. It is red all 1875. CONGRESSIONAL RECORD. 291

over with the blood of republicans, and no man has been punished person, and that I have no knowledge that any money was paid t-o for these slaughters. If Phil Sheridan will punish murderers who any such person. will ot.herwi.se escape, I bid him God -speed. Gentlemen need not tell There is not a shadow of evidence to oppo e my statement; and in me that law and order reign there. my judgment there never will be, and never can be. [Here the hammer fell.] I most respectfully submit to you, Mr. Speaker, that this House has Mr. McKEE. I withdraw the amendment. no jurisdiction; certainly that the Committee on Ways and Means, lli. STARKWEATHER. I hope now we shall proceed with the bill. without the order of this House, has no jurisdiction, to the extent of The Clerk resumed and completed the reading of the bill. this inquiry over my transactions with other citizens who are not lli. STARKWEATHER. I move that the committee rise and re under control of this House. port the bill to the House. So far as I myself am concerned, the committee will bear me wit The motion was agreed to. • ness that I have answered :frnnkly and fairly and truly every question The committee accordingly rose; and the Speaker having resumed that was put to me, including even somequestionswhichneitherthis the chair, lli. ELDREDGE reported that the Committee of the Whole committee nor other human power had any right to ask: such, for on the state of the Union had, according to order, had under consid example, as ''what was my salary as agent of the Pacific Mail Steam eration the bill (H. R. No. 3823) making appropriations for fortifica ship Company at San Ji'tancisco," and the inquiry into my bank tions and other works of defense for the fiscal year ending J nne 30, account with a firm of private bankers in the city of New York, which 187G, and had directed him to report the same to the House without I myself voluntarily exhibited to the committse, showing a.nd stating amendment. that it had nothing to do with this inquiry, and which the committee Mr. STARKWEATHER. I move the previous question on the bill. returned to me as irrelevant t,o this inquiry, but which they after The previous question was seconded and the main question ordered; ward prooeeded to examine during my absence in the city of New York. and under t.he operation'thereof the bill was ordered to be en~rossed These things, Mr. Speaker, this committee had no more right to and read a third time;· and being engrossed, it was accordingly read examine than they had to examine my underclothing. the third time, and pas ell. While therefore, as far as I have gone, I have told the committee Mr. STARKWEATHER moved to reconsider the vote by which the the truth and nothin(J' but the truth, I am prepared to tell the com bill wa-s passed; and also moved that the motion to reconsider be laid mittee the whole truth as far as relates to myself, but when it comes on the table. to revealing matters which exist in confidence between myself and The latter motion was agreed to. other citizens beyond the jurisdiction of this committee and of this House to the extent of the inquiries put to me, I stand upon my dut.y CO:NTUMACIOUS WI~SS-RICHARD B. mWIN. as a man, upon my honor as a gentleman, and upon my rights as an lir: DAWES. In pursuance of the order of the House, the Ser American citizen, and most respectfully decline to answer these in geant-at-Arms has at the bar of the Hoq. e Richard B. Irwin. quiries, and in doing so I disclaim any intentional disrespect for the The Sergeant-at-Al-ms appeared at the bar of the Honse, having in authority of this House. custody Rwhard B. Irwin, alleged to be in contempt of the House. In the econd place, I submit that neither the House of Represent The ~PE.AKER. The Sergeant-at-Arms brings to the bar of the atives nor any other power in this land .has any right to deprive an House Richard B. Irwin, alleged to be in contempt of the privileges American citizen of his life, of his liber~y, or of his property without of the Honse in that he has refused to answer questions addressed to due process oflaw; and, as the authority for this opinion, I refer to the him by a committee authorized to examine him. It is the duty of the Constitution of the United States. I refer, Mr. Spe:1ker, to the Con Chair, under the order of the House, to address to the witness this stitution framed in 1789 by the Convention of which George Wash question: Are you now ready to answer the questions which have ington was President. I refer to theclauses framed by Thomas Jeffer been addressed to you by the committee, and which you have hereto son, without which Virginia refused to ratify that Constitution. I fore refused to JIL'tke answer to t am advised by my counsel, and do myself firmly believe, that there RICHARD B. IRWIN. I am not, lir. Speaker. is no power in this country to punish any citizen for anything, either The SPEAKER. The witness who is alleged to be in contempt of in his person or his property, without due process of law. the House is at liberty to make a statement if he desires. It is a lib It is the prerogative of Congress to make laws for the Government erty always accorded to one at the bar of the House. of the people, and to hang them up where every citizen can see them. RICHARD B. IRWIN. Mr. Speaker, I am not in contempt of the Outside of the e laws tbere can be no crime and no punishment. House of Representatives; I am not in contempt of its authority. I am told that this House can compel me to answer whether it ha The House of Representatives baa never ordered this investigation. or has not the right to do so. I know that you can direct against me I have not refused to answer any questions which this House has au the whole phySlcal power of this nation. It is deposited in your thorized the Committee on Wa:vs and Means to ask. hands aa a sacred trust, to be exercised by you not as partisans but After requesting the Committee on Ways and Means daily, for.five as judges. Against th:1t 'overwhelming power I should contend in days, to furnish me with copies of the resolutions under which they vain. On no man in this laud would that mighty hand rest more were, or professed to be, acting, there were handed me, on the fifth heavily. In all ages men have been forced to lie by every conceiv .day, five documents purporting to be the resolutions or orders. Two able torture, but never on the earth has one man been compelled by of these documents were resolutions passed by the House of Repr~ physical force to tell the truth against the dictations of his honor or r sentatives in the Forty-second Congress; the third, was a resolution of his conscience. offered on the 3d April, 187 4, and referred to the Committee on Ways Finally, [ appeal to the common sense of this House to consider and Means, but not pa ed by the House, a.nd upon which no further the practical effect of insisting upon a reply, which in th~ course of or other order has been taken. This resolution, if it had been passed events ha-s become unnecessary, to a question which I consider the by the House, would undoubtedly have authorized so much of the committee had no r~ght to put and which this House has never present inquiry as was necessary to substantiate the statement of directed them to put. . Legrand Lockwood, tha.t a large sum of money was appropriated and The committee and the House must by this time perceive that sub used by the Pacific Mail Steamship Company to procure this subsidy. stantially all the information that could possibly be obtained from But that resolution, even if it had been paBSed, would have directed me by an answer to·the questions at issue is now being elicited from no inquiry beyond the substantiation of lli. Lockwood's statement; other sources ; that the truth of my answer is confirmed by every line and it was never paSBed. · of evidence, and that it has become of sm:1ll consequence particularly The fourth document refers the testimony taken during the Forty whether I reply or do not reply to the questions of the committee. second Congress to the Committee on Ways and Means, but without Under these circumstances the only practical effect of any action any order whatever by this House. ~he House may take in insisting upon an :1nswer to the questions in The fifth paper authorizes the Committee on Ways and Means to dispute will be to suppress a m:1ss of valuable and interesting testi send for persons and papers, and administer oaths in matters from mony for the most part not available from other sources, which I am time to time pending and under examination before said committee. and always have been ready to place at the disposal of the commit I am advised that " pending" means properly pending, duly pending, tee, either voluntarily or in reply to their questions; and I can pending under the standing rules or orders gf this House, or under imagine no one that will be gratified at this result except tb.ose who the special order of the House. :1re interested in the suppression of that testimony. The inquiry into the Pacific Mail Steamship subsidy forms no part If my testimony be true, as it is in every word and every line, of the duty of the Committee on Ways and Means under the standing allowing for the imperfections of the human memory at this distance orders of the Honse, the functions of that committee being confined of time, it must be evident to every impartial member of this House to the raising of revenue, and I do not find among the papers handed that the Honse of Representatives not only has no right to insist to me by the committee, or anywhere else, any special order of this upon an answer to these questions which it has never authorized to be House directing that committee to undertake this investigation. I put, but that no practical good can result from such persistence. therefore most respectfully submit, lli. Speaker, that in declining to And, Mr. Speaker, I have told the truth, and that truth will stand to answer a question which this House has never authorized or directed all eternity like a rock, against which all the forces of nature and all to be put, I am not and cannot be in contempt of the authority of the powers of man will hurl themselves in vain. this House. Mr. DAWES. I offer the following; upon which I call the previous I have stated to the committee, under oath, that I did not employ question: . any member or officer of this House who was also an officer·or mem • Ordered, That the Speaker propose to the witness at the bar the following ques ber of the last House. In other words, that I did not employ any tions: person subject to the jurisdiction of this House to the extent of these First. Give the names of the persons whom xon employed to aid yon in proctuing the subsidy from Congress in 1872 for the Pacific Mail Steamship Company. inquiries; that I did not pay any money to any such"person; that I Second. What was tbe largest smn paid by yon to any one person to aid yon in had no understanding that any money was to be paid to any such procuring that subsidy1 292 CONGRESSIONAL RECOR.D. JANUARY 6,

The previous question was seconded and the main question ordered; Mr. GARFIELD. I think not. and unuer the operation thereof the order was agreed to. Mr. MAYNARD. Stewart, as a matter of clemency, was confined Mr. DAWES moved to reconsider the vote just taken; and also in an apartment in this wing of the Capitol. moved that the motion to reconsider be laid on the table. Mr. DAWES. In the Simonton case and in the Wolcott case the 'fhe latter motion was agreed to. contumacious witness was a.ctua.lly confined in the common jail. The SPEAKER. Mr. Richard B. Irwin, I am directed by the House ~Ir. GARFIELD. I desire that we shall consider carefully whether to propound to you the following question : in the action here propo ed we are or are not proceeding to execute Will you giv~ the names of the ~ersons whom you .emplo~ed to aid. you in pro a statute. If we are merely holding a. witness in the custody of the curing the subSidy from Congress rn 1872 for the Pacific Mail Steamship Companyt House, that is one thing; but if we are administering a punishment, B. which the law regards as the end of a trial before a jury, we ought RicnARD IRWIN. I am compelled, 1\Ir. Speaker, to decline doing to be careful how we proceeu. so, for the rea-sons I have already stated. Mr. MAYNARD. I am informed by officers of the House that in 'fhe SPEAKER. I am also directed to propound to you the follow neither of .the cases mentioned was the party put in jail. There is, I ing question: understand, an apartment in this win1> of the Capitol that ha-s been What wa.s the largest sum paid by you to any one person to aid you in procuring used for the confinement of contumacious witnesses. While I know that subsidy~ • nothing about the merits of this particular case, I hope, if there is to RICHARD B. IRWIN. Two hundred and seventy-five thousand dol be an exception made, there will be good grounds for it. lars. Mr. DAWES. In point of fact, as the Journal of this House will Mr. DAWES. I offer the foJlowing resolution; upon which I call show, the order of the House in the cases of Simonton and Wolcott the previous qne tion: was that they be confined and kept in the custody of the Sergeant Ru olved, That Richard B. Irwin, having been heard by the House pursuant to at-Arms in the common jail I know. that Wolcott was so confined; tho order heretofore made requirin~ him to show cause why he shoult\ not answer the questions propounded to him oy the committee and oy the Speaker of this for I visited him in jail many times; and I take the liberty of adding llouse in pursuance of its order, has failed to show sufficient cause why he should that, as the record of the House will show, the gentleman from Geor not answer the same; and that said Richard B. Irwin be considered in contempt of gia, [.Ur. STEPHENS,] who has expressed some doubts to the power of the House for failw·e to make answer thereto. the House in this matter, voted for the resolution to commit Simon The previous question was seconded a.nd the main question ordered; ton tojn.il. and under the operation thereof the resolution was adopted. Mr. ELLIS H. ROBERTS. The form of this resolution, with the ex Mr. DAWES moved to reconsider the vote by which the. resolution ception of the closing clause, is copied from the I'esolution in Stewart's was adopted; and also moved that the motion to reconsider be laid case; and it is in accordance with all the precedents. It is trne, as on the table. the chairman of the committee has stated, that in at least two ca es The latter motion was agreed to. the recusant witness has been placed in the common jail. In other :M:r. ELLIS H. ROBERTS. I am directed by the Committee on cases the place where he should be kept has been left to the discre Ways and Means to submit the following resolution: tion of the Sergeant-at-Arms. The committee in thi case have thought lle&olved, That in purging himself of the contempt for which Richard B. Irwin it wiser for the House to name the place in which the witness sha.ll be is now in custody, the said Irwin shall be required to state to the House forthwith, confined, rather than leave it to the discretion of the Sergeant-at or as soon as the House shall be Peadv to hear him, whether he is now willino- to Arms. appear before the committee of this House to whom he has hitherto declinea to make answer, and make answer to the questions for the refusal to answer which It seems to me that the point raised by the gentleman from Ohio he has been ordered into custody; and if he answers he is ready to appear before [Mr. GARFIELD] does not properly arise. The House uoes not assume said committee and make answer, then the witness shall have the privilege to so to punish any more .in keeping this witness in one place than in keep appear and answer forthwith, or so soon as said committee can be convened; and ing him in another. But the place where he is .to be confined should that in the mean time the witne s remain in custody; and in the event tbat said witness shall answer that he is not ready t.o so appear before said committee and be named by the House and not left to the discretion of the officer. make answer to said questions so refused to be answered, then that said witness 1.Ir. GARFIELD. In matters of this kind we ought to be careful be recommitted to the said custody for the continuance of such contempt; and about the precedents we make as well a-s those we follow. The com that such custody shall continue until the said witness shall communicate to this mon jail-the jail of the District of Columbiar--is named, not by the House through said committee that ~e is ready to appear before the said committee and make such answer; and that m executing this order the Sergeant-at-Arms House of Representatives but by Congres , by a law of the United shall cause said Irwin to be kept in his custody in the common jail of the District States as the place where a contumacious witness shall be kept a.s a of Columbia. punishment after a trial by a jury. The jail is understood to be a Mr. G. F. HOAR. I desire to call the attention oft~ House to the place of punishment, not merely a place of detention. fact that the commitment which it is asked to order is made contin Mr. TREM.AJN. I wish to put a question to the gentleman from gent upon a certa.in event; that is, that in the event that said Irwin Ohio, [Mr. GARFIELD.] If a witness should refuse to testify before a shW.l herea.fter refuse to a.nswer, then he shall be committed. It court in this District, oould not the court confine him in the common seems to me the proper course would be to have the Honse affirm the jail! Is not the jail of this District the property of the Government fact that he has refused to answer; otherwise t!:J.e Sergeant-at-Arms, of the United States, and cannot Congress exerci e the same power in committing a person to the common jail, is to judge whetherthat over a contumacious witness as could be exercised by a court of this certain event has or ha-s n9t h.

was an entire lack of nower on the part of this House to order any shall answer that he is not ready to so appear before said committee and make all8wer to the said questions ao refused to be answered, then that said witness be such commitment. - remanded to the said custody for the continuance of such· contempt, and that such :Mr. :MAYNARD. I think there have been several cases. custody shall continue until the said witness shall communicate to this House, Mr. GARFIELD. I wish to make this further inquiry and sugges through the Speaker, that he is ready to appear before the said committee and make tion to the gentlemen of the Committee on Ways and Means. The jail such a.nswers, or until the further order of the House in the premises. • The same having been read, of the District of Columbia is under the control of an officer whose Mr. JEREMIAH M. WILSON demrmded the previous question. power is given by law. I do not suppose the House of Representa When tives-at least I raise the question whether the House of Representa The House refused to st>cond the same. tives has any power as a sole House to give au order to the marshal Mr. HOAR submitted the following amendment in the nature of a substitute for · the resolution, namely: of the District of Columbia or to the keeper of that jail.· Of course .Resolved, That Joseph B. Stewart be remanded to the custody of the Sergeant-at the House of Representatives may respectfully.request hiln to lock a Arms, to abide the further order of the House, anlladay, have avoided the difficult.y suggested the other day, and not by Samuel Griffith, George A. Halsey, John Hancock, William A. Handley, Alfred C. directing commitment to the jail, but commitment to the Sergeant Harmer, George E. Harris, Harrison E. Ha.veus, John B. Hawley, Joseph R. Ha.w ley, John B. Hay, Charles Hays, Gerry W. Hazelton, Frank Hereford, WilliamS. at-Arms, telling the Sergeant at the same time in this instrument Herndon, Ellery A. Hibbard, George F. Hoar, William D. Kelley, Stephen W . where the prisoner is to be kept untll he ha.s purged himself of con Kellogg, Charles W. Kendall, Michael C. Kerr, John H. Ketcham, Andrew King, tempt. Charles N. Lamison, John Lynch, Horace Maynard, James R. McCormick, George One step further. Now suppose, a.s gentlemen say, he goes to jail W. McCrary, James C. McGrew, Henry D. McHenry, A. T. Mcintyre, Ebenezer McJunkin, Geor~e C. ¥cKee, John F. McKinney, Benjamin F. Me~ers, Jesse H. and the jailer says he ha not authority, or he will not receive him, Moore, Frank Morey, Joseph L. Morphis, Leonard Myers. William E. Niblack, then the que tiou comes again before the House, reported by the Ser Ja-sper Packard, Frank W. P::iliner, Isaac C. Parker, Erasmus D. Peck, James M. geant-at-Arms, and the House will provide another place for his cus Pendleton, Legrand W. Perce, Eli Perry, John A. Petsrs, Clarkson N. Potter, William P. Pnce, Joseph H. Rainey, Samuel J. Randall, Edward Y. Rice, Ellis H. tody; but if he is received at the jail as in former cases, then the Roberts, William R. Roberts, John Rogers, Robe-rt B. Roosevelt, Philetos Sawyer, order of the House will be carried literally into effect. I do not see Walter L. Sessioll8, John P. C. Shan.kS, Lionel A. Sheldon, Samuel Shellabarger, any difficulty in executing the order suggested by the resolution. Francis E. Shober, Lazarus D. Shoemaker, James H. Slater Joseph H. Sloss: H. :Mr. KELLOGG. Let me ask a single question of the gentleman Boardman Smith, John A. Smith, Worthingt.on C. Smith, 6liver P. Snyder, R. Milton Speer, Job E. Stevenson, John B. Storm, William L. Stought:Dn, William H. from Iowa, whether it would not be better for Congress to pass a law H. Stowell, Charles St. John, J. Hale Sypher, Benjamin S. Turner, Jo eph H. providing for the incarcerat.ion of such recusant witnesses under the Tuthill, James N. Tyner, William H. Upson, Seth Wakeman, Henry Waldron, Sergeant-at-Arms in the jail of this District before we undertake to Alexander S. Wallace, Joseph M. Warren, Erastus Wells, William 1.... Wheeler, commit this man to the jail when there is no law upon the statute Richard H. Whiteley, W. C. Whitthorne, William Williams of Indiana, Jeremiah M. Wilson, John T. Wilson, Pierce M. B. Young. book for it. Would it not be better before acting in violation of the Those not voting are- law to pass a. law authorizing the keeping of such witnesses in the Messrs. Jacob A. Ambler, Oakes Ames, Samuel N. Bell, JohnS. Bigby, John T. jail of this District i Bird, James Brooks, Frank C. Bunnell, Robert P. Caldwell, Lewis D. Campbell, Mr. KASSON. I have only to answer, that to the committee the Frt:em.'tn Clarke, John M. Coghlan, Abram Comingo, John C. Conner, John V. law seems now to authorize it; and unless objection comes from an Creely, Alvah Crocker, Oliver J. Dickey, Milo Goodrich, Richard J. Haldeman, t Eugene Hale, Jatnes M. Hanks, John T. Harris, John Hill, Samuel Hooper, Sher· other quarter, they do not see the propriety of anylegisL'ttion other man 0. Houghton, John W. Killinger, Thoma.~ Kinsella, David P. Lowe, William than now exists on this subject. McClelland, .James S. Negle:v, JaoK.son Orr, Hosea. W. Parker, Elizur H. Prindle, .l\fr. llf..A.YN.A.RD. I desire to call tte attention of the House to the James C. Robinson, Glenni W. Scofield, John E. Seeley, HeD.llf" Sherwood, Charles R. Thomas, Dwi.ghtTownsend, Washington Townsend, GineryTwitcbell, William proceedings in the case of Joseph B. Stewart, a contumacious witness W. Vaughan, Daniel W. Voorhees, Charles W. Willard, William Williams of in connection with the Credit Mobilierinvestigation. I ask the Clerk New York, Fernando Wood. to read the portion of the Journal of the proceedings of January 30, So the amendment as amended was disagreed to. 1873, which I have marked. Mr. MAYNARD. The gentlepta,n from New York [Mr. ELLIS H. The Clerk read a.s follows : ROBERTS] was one of t.he gentlemen who voted with me against the \ . Mr. DAWES submitted the following resolntiop.; which waa read, considered, and amendment proposed by Mr. SARGEl'l-nr, of California, to t;end the wit agreed to, namely: ness to jail. I submit that unless there be something to this case out Resolved, That Jo eph B. Stewart, hn.ving been heard by the Honse plll'81UUlt to of the ordinary rule we had better follow the precedent and adopt the order heretofore made requiring him to show cause why he should not answer the resolution we then adopted. the questions propounded to him by the committee, has fulled to show sufficient cause why he should not answer the srune, and that said Joseph B. Stewart be con Mr. ELLIS H. ROBERTS. I think there are cases that justify the sidered in contem11t of the House for failure to make answer thereto. course which the committee have taken. It will be in the recollection Mr. JERirniA.H M. WILBON submitted the following resolution, namely: of gentlemen upon this floor that the witness who was then confined in Resolved, That, in purging himself of the contempt for which Joseph"B . Stewart is is now in custody, the S:tlll Stewart shall be required to state forthwith, or as soon the Capitol became the lion of the Capitol. Our object not to make as the Honse shall be ready to hear him, whether he is now willing to appear be a here of any one. Our object is not to punish any one unjustly. We fore the committee of this Roo. e to whom he has hitherto declined to make answers, desire to obtain necessary testimony; or, failing, to render emphatic and make answers to the questioll8 for the refusal to answer which he has been our condemnation of the refusal to testify. It has been suggested ortl.ere

294 CONGRESSIONAL RECOR,D. J.ANlfARY 6,

tion of this Capitol except that portion which is occupied by that to hold this wiimess in custody, and the only question is where shall branch of Congress or its committees. The witness will not be he keep him. This H_ouse has no control over any room, whether it refused a place in the jail, in the custody of our Ser~eant-at-Arms. be in the A.rl..iil.gton, in this Capitol, or in the jail. The House can I yield to my colleague, the chairman of the Committee, Mr. DAWES. instruct their Sergeant-at-Arms to keep this man in some room in this • Mr. G. F. HOAR. Before the chairman of the committee proceeds, Capitol, but it takes something besides this House to control the I desire to ask the gentlemanfromNewYork[Mr.ELLISH. ROBERTS] rooms of this Capitol. this question: Whether under this resolution, which is to be a prece Mr. MAYNARD. Not in this wing of the Capitol. dent for all like cases, if the witness says to tho Sergeant-at-Arms," I Mr. DAWES. There may be some rooms in this Capitol that this am now ready to answer the question," whether that does not ipso jMto House has by joint rule committed to its custody, I know, but outside discharge the witness from custody, so that he will escape and the of this Capitol, that there may be no cavil upon the question, you whole proceedings will then have to be gone over again T cannot <'.Ontrol any rooms. Now, suppose we order the Sergeant-at Mr. ELLIS H. ROBERTS. I thiuk not. Arms to keep this man in custody, and while keeping him in custody Mr. G. F. HOAR. I think if the gentleman will read the resolu to keep him in a room at the jail, and he finds that the jailer will not tion he will see that that is the effect of it. permit him to keep him there, he has but to come back to the House Mr. ELLIS H. ROBERTS. I have read it in connection with the and say that he cannot execute its order in that particular, and take preceding resolution, and I think there can be no doubt about its effect. further instructions from the House. Mr. MAYNARD. Before the gentleman from Massachusetts [Mr. Unless this House desire to make a farce of this investigation, un DAWES] proceeds, I wish to say that !hope he will be good enough less they desire that the Committee on Ways and Means shall st-op to state to the House what, in his judgment, is the condition of this the investigation here or be subjectecl to the indignities that have gentleman'a health. This of course is to be taken into account as a been attempted to be cast upon them this day by other witnesses, who matter of common humanity. · say that until you make Richard B. Irwin answer this question they Mr. DAWES. I was about to say that the Committee on Ways and will decline to answer, you must take some such action as this. Means have no desire to invoke any action of this House upon this Since this House bas assembled to-day we have been told in our witness that shall be harsh, unreasonable, or unnecessary. They are committee room that until we make Richard B. Irwin answer this aware that the witness is not in good health. They believe, and they question other witnesses before us under oath shall decline to answer. have presented to the House the reasons for that belief, and the House Let us not, therefore, deal with this matter as if we did not care' has passed upon them as sufficient, that he has in his possession testi whether these questions were answered or no4;, by merely telling onr mony of vital importance to an investigation which this House bas Sergeant-at-Arms to take Mr. Irwin into his custody and keep him as ordered-an investigation touching the purity of legislation in Con others are kept when constructively in his custody until the end of gress and the character of the members of both Houses of Congress. this session; but let your committee know whether you intend to Their investigation has gone so far as to satisfy them that he holds exert the power of this House for the discovery of the truth. in his hand the key to unlock any door that this House may shut upon Now, I would not have this man kept one hour in the common him. He has that power consistently with his duty as a man and a jail, not one hour, a a puuLhment. I do not believe that in this case citizen; for no duty as a man or citizen can rest upon him or any other we have the power to puni h him by an hour's confinement, but I Jlerson that conflicts with just and proper measures for the purifica believe that we have the power to hold him until be will answer; tion of legislation and of the character of the House of Representa and it is for us to say whether we shall put him upon a bed of down tives; and hew ho sets up the idea that he can himsel£1 under the pre and make assistant sergeants-at-arms take him, like the Sultan of tense that what belongs to him as a man or a citizen ism con1lictwith Turkey, out upon their shoulders into the air night and morning to that larger duty which every man and every citizen owes to the coun enjoythe luxuries and the refreshing breezes of this city, or whether try to bring to light every scheme of corruption, every measure tbat we shall say to him, "We are in earnest; we believe that we ought to tends to .sap the purity of legislation in this or the other Hall of Con have these facts;" and, so believing, whatever power thi Hou e can gress, sets up that whlch if this Honse recognizes they throw away exert, consistently with proper treatment to him in the condition of not only all their pow'er but their character too. hls health, they should and will exert to compel bini to so answer; or Therefore, sir, though I am willing to answer in the affirmative else they should say to the committee, what the committee would t.he question of the gentleman from Tenne see,·that this man is in welcome most heartily, "Stop your investigation where it is." poor health, I say to him that if this House shall order the Sergeant But, until you order your committee to cease its labors in that di at-Arms to confine him in the parlor of the Arlington House or in any rection, do not tie their hands by telling witnesses, through the other room that the Sergeant-at-Arms can procure for him which treatment you propose to exercise toward this witness, that it matters this House shall think is a proper place in which to keep a mn,u who not whether they answer or not. says he holds in his possession evidence that shall tend to elucidate Mr. ELLIS H. ROBERTS obtained the floor. the que tion whether money has been improperly spent to procure Mr. BECK. Allow me to say a word. legislation in this Hall, they ought to do so. He says to us here at the Mr. ELLIS H. ROBERTS. I will yield for that purpose. bar of this House, thatwhilehehas that evidence in hispossession, he :Mr. BECK. There seems to be some difficulty about the -power of has some idea that it is inconsistent with his duty as a. man and a the House over thls question. I desire at some time or other, before citizen to come up to the aid of this House in ferreting out the im the subject is exhausted, to ofl'erthe following resolution, for the pur proper use of that money; if we do that, I say, sir, that he ha.s at any pose of endeavoring to perfect the present law by further legisln.tion moment an opportunity to relieve himself from any such burden. of Congress : And now, Mr. Speaker, I wish to call the attention of the House Resolved, That the Committee on the Judiciary be in trncted to report a bill to to a precedent in the Thirty-fifth Congress, when I was here in a his House, as soon as possible, so far :unending the law punishlng con tempts as t{) minority, and when a man was ·brought here from my own State as o,nthorize imprisonment of the person or persons guilty of contempt, under the con· a witness to testify to facts exa.ctly analogous to the e, having con trol of the Seraeant-at...Arms, in the common jail, for any period not exceeding twelve months g:;;m the date of the judgment, unless the person or persons shall fessed that he brought here, instead of three-quarters of a million be sooner excused or released by the same or the subsequent Congress. dollars, 79,000 to use in securing the passage of a bill through Con gress. When he was asked what he did with that money he refused Some time before this question is e:xh::tusted I desire to offer that to answer that question, and the House of Representatives passed resolution for reference to the Committee on the Judiciary. the following resolution : Mr. TREMAIN. I desire to say that when this question was up Whereas John W. Wolcott has failed satisfactorily to answer the questions pro· before I endeavored to obtain the :B.oor of the House for the purpose pounded to him by order of this Honse and has not pnrged himself of the con· of saying that in my judgment it would bo found that the whole of tempt with which he stands charged : Therefore be it this question hM been deliberately settled by the Supreme Court of llcsolved, That the said John W. Wolcott be committed by the Sergeant.at.Al'JD8 to the common jail of the District of Colnm bia, to be kept in close custody until he the United States in an action for false imprisonment brought against shall signify his willtngne s to answer the questions propounded to him by the Mr. Clay, M Speaker of the House, for enforcing the order of the select committee of this Honse and all other le~al and proper questions that may House against a party adjudged guil~ of contempt for attemptiniTto be propounded to him by said committee i and for the commitment and detention bribe a member of the House, not in the presence of the House, but of the said John W. Wolcott this resolution shall be a sutfident warrant. Ruolved, That whenever the officer having the said John W. Wolcott in cnstody outside. In that case the whole question of the power of Congress to shPJl be informed by said Wolcott that he is readv and Willing to answer the punish for contempt was considered and adjudicated in a most eL'tb questions heretofore propounded and all proper ana legal questions that may orate opinion, and determined by the Supreme Court of the United hereafter be propounded to him by said committee, it shall be the duty of such States. In that opinion two propositions were determined; first, that officer to deliver the said John W. Wolcott over to the Sergeant-at..A.nns of this House, whose duty it shall be to take the said Wolcott immediately before the this power is an implied power belonging to this House, growing out committee before whom he was summoned to appear for exalllin&tion, and to hold of the general power to legislate and the other general powers. · In him in custody, subject to the further order of the House. the second place, that the House had a. right to imprison for contempt Now, I want to call the attention of the House to the difference in any manner that in its discretion it thought proper, provided the between these resolutions and the resolution before the House. term of imprisonment did not extend beyond the session of the House. Under these resolutions, by a very large majority, I think of more I had before me the whole subject in Story's Commentarie , whero than two to one, this man Wolcott was taken and put into the the matter was fully discussed and where the questions discussed the custody of the ja,iler, out of the custody of the Sergeant-at-Arms, other day were d"'liberately disposed of aud settled. But I was not and there, according to my recollection, he staid six weeks, re.sort able then to obtain the floor. The gentleman who promised me t.en ing to every method known to the law ta relieve himself of that minutes refused to give it to me when he found out that I was going custody, and failing in that, he came to this House and asked this to talk against him. The c:l86 is the case of .Anderson against Dunn, House to discharge him, and they discharged him. and is reported in 6 Wheaton, page 2-29, in a long, elaborate opinion, Here we propose tb'l.t the House shall order the Sergeant-at-Arms covering the entire ground in this case. 1~75. CONGRESSIONAL RECORD. 295 , Mr. LAWRENCE. If the marshal of the District refuses to allow for judicial or legislative pnrposes, possess tbe right of self-defense and. self-pro tection a-'!! an inseparable attendant upon its formatwn. This, said Mr. Tallma.dg~. the Sergeant-at-Arms to imprison this m::tn in the jail-- is the extent of the power which we claim. And this power has been claimed and 1\!r. TREMAIN. 'Ve can find another place. exercised by every legislative body or judicial tribunal.recorded in history. 'Ihill Mr. LAWRENCE. 'Vould not the marshal himself be in contempt power was claimed and exercised by all courts in our own as well as in every other of the Houset country. The gentlemen could not shfw by what right courts of law poss~ed this power. It was not given by the Constitution, nor by any statute; ancl yet it Mr. TREMAIN. I do not say that; but we couldfindanotherplace. was claimed by them and d:illy exercised. Mr. LAWRENCE. Do we not have as much control over the jail of the county aa we do over this Hall f But to-day the power of Con~ess is not denied. _ Mr.ELLIS H.ROBERTS. Therearenoreasonswhythewitnessnow Nor does the fact .that an indictment may liea.gainstan,i.ndividual before the HoUBe should appeal to the sympathy of the House. Ac for the same offense exclude the House from the exercise of this cording to his own evidence he comes here laying down ·i50,000 at power, because the offense of contempt is a. separate and distinct the door of this House to control legislation. He does not excuse offense from refusing to answer. This House has the right to punish himself from testifying on the ground that the answer which he might for contempt indepenuent.ly of the other oftense of a refusa.l to answer. give wuuld criminate himself. He has gone &o far as to testify that he This point is distinctly stated in a letter of Attorney-G~meral B. F. has brought the money hither. No answer that he can give can crim Bulter, in 1834, in the case of General Houston, a-s follows: inate himself more. It is not on any plea on his own behalf that he AITOIUi'EY-G~~ERAL'S OFFICE, June 25, 1834. can ask for sympathy. Sm: In ~nswer to the question submitted to me on the memorial of General Houston, wfio appears to have boon indio«:e the power of punishlng for contempts are invested with of the people can he ask for sympathy, because the people are inter that power, and are supposed toem~loy it for the purpose of protecting themselves in the due oxercllie of their avpropnat~ functions, and notfor the purpose of vindi ested that this body shall act not only without being bribed, but with c.ating the general law of the land, which may: also have been violated by the "Same out suspicion or charge of bribery. This House is called upon in the act. Technically, therefore, General Houston bas not been twice tried for the same interest of pure legislation to see to it that no witness shall come to offense. The a{)t committed by him was one and the same, and it constituted but one indictable offense; and he was, therefore, liable to only one conviction on in its doors·testifying that he bas brought money hither to control leg nnish for contempt or breach of privilege, (he cared not by which name The SPEAKE.R. The question in• the mind of the Chair is whether it was called,) was inseparably annexed to and included in the power itself to this witness having refused to testify and having been brought before legislate. the House, the time has arrived for the action of the Chair under this Mr. Tallmadge, of New York, stated the ground afterward assumed statute, which seems to be mandatory. On this point the Chair will by the Supreme Court. ~words were: follow the instructions of the House. I do maintain that this Honse possmes the power, as incidental to its existenu, Mr. DAWES. I suggest, Mr. Speaker, that possibly something may and an inseparable attendant upon its formatwn. The Constitution created this occur which will obviate the necessity for that step; and as it 1s not House and ~ave it existence. The power of self-defrmse and self-preser-vatWn fol· peremptory that it shall be done forthwith, the Speaker might wait lows as an mcident, an inseparable att~ndant. and a necessary consequence. The functions of the Constitution terminated with the formation of this House; and a. little while to see whether such action will be necessary. we ask not to deduce this right of self-defense and self-protection from any con Mr. LAWRENCE. The act imposes the duty on the Speaker; there struction of the Constitution, while we claim this right to the Honse as inherent is no doubt about that. and self.evident to its existence. Our opponents ha ¥ denied this power to the Mr. DAWES. Certajnly; it is a. duty under the law. House; they have said we have no common law, and it is not delegated by the Constitution ; and have therefore called on us to show the authority for the power ?t!r. LAWRENCE. And there is no escape from it. which we claim. Let me, in return. ask any one of those gentlemen to show their The SPEAKER. The statute appears to be mandatory in imposing individual right to use any means of self-defense. The right is not given in the this duty. In the case of Joseph B. Stewart, two years ago, it was Constitution; there is no statute, and they say there is no oommon law. But yet not performed, and there was some criticism in consequence. The no man doubts that each individual has the right of self-defense and self-preserva tion; and that this right is incidental to his existence, and that he possesses it as attention of the Chair was not called to the precise language of the a right derived from nature. In like manner does everv COI'"QOrate bod v, formed statute in that case until some time afterward. '

296 ' CONGRESSIONAL RECORD. JANUARY 6,

:Mr. DAWES. I suppose, Mr. Speaker, the meaning of the statute provided in previous sections of the act and that fact is re:porlied to is that this certification shall be made if there should be a final re the Honse, it shall be the jluty of the Speaker of the House to certify, fusal. ·But we have provided a further opportunity for this witness &c. Here the facts have· not only been certified to the House, but it to answer. Therefore I suggest to the Chair that though when the appears in the presence of the House itself tba.t this witness does re proceedings are complete the duty provided by law will be incum fuse to answer; and therefore the case contc'!Ilplated in the third uent upon the Chair if the refusal be persisted in, yet it does not section of the act is made out, and the duty of the Speaker under the seem to me necessary that this action be taken by the Speaker law is beyond his discretion and is mandatory. forthwith-to-day. The SPEAKER. The Chair has brought the matter to the atten Mr. GARFIELD. Will the Chair allow me to make a remark! If tion of the House simply for the reason that in previous caaes it may the suggestion· of the gentleman from Massachusetts [Mr. DAWES] have been overlooked or neglected. As he reads the statute, the duty should prevail, the Chair will have to wait until the 4th of March, at seems to be mandatory upon him officially; and unless otherwise in noon, to determ:ine whether the proceedings will be finished or not, structed by the House, he will perform it. so as to require the performance of this duty; and when the gavel Mr. GARFIELD. I move the House adjourn. comes down at that time, yon1 sir, will cease to be Speaker, and can Mr. ELLIS H. ROBERTS. Before the motion to adjourn is put let not possibly perform this mag1sterial dutywhich the statute imposes; me say that the duty of the Speaker cannot be such as to interfere so that the suggestion of the gentleman from Ma sachusetts would with the bringing of this man before the Committee on Ways anu make the ~tatute null so far as the duty of the Speaker is concerned. Means as a witness. Having committed the offender to jail, it seems to me we ought now The SPEAKER. The Ghair does not so underRt:::tnd it. to proceed to determine by some process whether we have any right Mr. HAWLEY, of Illinois. The point I ma.de a while ago was that to put him there. the performance of that duty by the Speaker can in no way interfere .Mr. G. F. HOAR: As !understand, awitnesswhorefusestotestify, with the action of the House hereafter. Although the witness may in answer to a laWful question put to him by authority of this House, be indicted in a court in the District of Columbia, there would be no is in precisely the same position as a man who should come within power on the part of any such court to take him out of the custody these doors and .strike a ulow at the Speaker or any member of this and control of the House of Representatives. House during its session. First, he commits a contempt of the The SPEAKER. The Chair merely desires to repeat that accord House; but besides he commit8 a penal offense under a statute of ing to his reading of the statute his duty is plain. Should the Hou e the United States.- Under the statute, when that pen..'ll offense has think otherwise, he would of . course be governed by the expression been reported to the House, it becomes the duty of the Speaker to of the House, if they made any such ex_pl'ession; but in absence of certify the fact to the district attorney. That offense has been re any such expression, the Chair will feel it to be his duty to certify the ported to, the Hon8e in this ca-se by the committee, and it has been case up. found as a fact by the resolution adopted by the House that such an Ancl then, on motion of Mr. GARFIELD, (at four o'clock and fifty ofl'ense has been committed. Now, whatever the witness may do minutes p . m.,) the Honse adjourned. hereafter to purO'e himself of contempt 011 to mitigate the punish ment which sho~d be infliclied upon him by the House, his offense in disobeying this st~tute was complete when he refused to answer law PETITIO~S, ETC. ful questions; and when that fact ha.s· been reported to the House The following memorials, petitions, and other papers were pre and :::tffirmed by the House to exist, the duty of the Speaker has become sented at the Clerk's desk, under the rule, and referred aa stated: imperative. By Mr. BANNING: Paper relating to the application. of Sarah Mr. KASSON. Allow me a single additional suggestion. This case Ta,ylor for a pension, to the Committee on Invalid Pensions. under the statute, as I understand, must go before a gmnd jury in By Mr. BUTLER, of Massachusetts: The petition of Joseph Carter, the District of Columbia. There may be such a body in session at. the for a pension, to the Committee on Revolutionary Pensious and War moment the offense is committed. But if we postpone action, then of 1812. before any process could be issued upon which the party could be By Mr. CALDWELL: The petition of citizens of Alabama, for the arrested he might be out of the reach of such process ; he might be establishment of a mail-route from Red Sand, Cherokee County, Ala iu Europe. Consequently, I apprehend the intention of the faw to bama, to Rock Mills, Randolph County, to the Committee on the be that as soon as the offense is committed this communication is to Post-Office and Post-Roads. / be sent to the officer having charge of such pro ecutions in the Dis Also, the petition of citizens of Georgia and Alabama, for the esta b trict of Columbia, that proceedings may be instituted ::tt the earliest lishment of a mail-route from Bowden, Carroll County, Georgia, to possible moment; and then it may ·be reported to the House that Red Sand, Cherokee County, Alabama, to the Committee on the Post- process for him hM been issued; and he may be discharged or .not by Office and Post-Roads. · the Hou e. At the conclusion of our authority on the 4th of March, By Mr. CHITTENDEN: The petition of Moses Taylor & Co. and he is still subject to that process wherever it may find him. others, of New York, in respect to their just claims upon the so-called Mr. LAWRENCE. The grand jury is now in session. Geneva award for losses by confederate cruisers during the rebellion,· Mr. HAWLEY, of illinois. I agree in the main with all that has to the Committee on the Judiciary. been said by the gentleman from Ma-ssachusetts, [Mr. G. F. HoAR.] By Mr. GARFIELD: The petition of soldiers and sailors of the late I ~hink, however, he has ov~rlooked one point. The House ha,s already war, for the equalization of bounties, to the Committee on Military taken action with reference to this question. It.has determined that Affairs. • this. witness shall be held in custody until he shall purge himself of By .Mr. HAGANS: The petition of John A. Thompson and others, this .contempt. Now it has become the duty of the Speaker under of Jefferson County, West Virginia, for the pa sage of a law to the statute t.o certify this ca,se to the district attorney. Now the authorize the issue of paper currency which shall be legal tender for district attorney will find it to be his duty to pro0eed at once and all debts, public and private, and exch3.Dgeable for 3.65 bonds, and have the case presented to the grand jury. But the court cannot get for the abolition of the national banking system, to the Committee control of this case, or at least the body of this witness a.s a defendant, on BankinO' and Currency. . until the House is through with him. He is all the time in the charge By Mr. HARRIS, of Virginia : Papers relating to the cL'l.im of and custody of the House ; and although the Speaker does the duty John He::tter, of Loudon County, Virginia-, to the Committee on War which is required of him by the law, that does not in any sense take Claim.q. · the case away from the House of Representatives. This is a distinct By Mr. G. F. HOAR: The petition of the :Methodist Episcopal offense, and he is to be punished by the law of the land as any man church of Winchester, Massachusetts, for the appointment of a com is to be punished who commits a crime. Therefore I differ from the mission of inquiry concerning the alcoholic liquor traffic, to the gentleman from Massachusetts, [Mr. G. F. HOAR,] who, when the duty Committee on the Judiciary. of the Speaker to certify the ca-se to the court-s has been carded out, By Mr. LAWRENCE : The petition of Charles C. Hill, of Urbana., would then seem to imply the case would be taken away from the Ohio, to be reimbursed expeuses incurred a,s paymaster's clerk, to the control of the House of Representatives. Committee on Military Affairs. Mr. G. F. HOAR. Not in the least. By Mr. LOUGHRIDGE: Numerous remonstrances from citizens of Mr. HAWLEY, of Illinois. The gentleman from Iowa· said so Iowa, against the removal of the United States district court for then. Iowa from Keokuk to Burli.figton, to the Committee on the Judiciary. Mr. KASSON. Not at all; but, on the contrary, the 4th of March, By Mr. LOWNDES : Memorial of the county commissioners of if not before. · Frederick County, Maryland, asking an appropriation to rebuild Mr. HAWLEY, of illinois. Now, then, the grand jury c::tnnot act bridges over the Monocacy River destroyed by Major-General Lewis on this C:1Be for a considemble time-cannot act on it until after that Wallace, to the Committee on Claims. time ; but it is the duty of the district attorney to bring it promptly By Mr. McCRARY: The remon trance of several thousand citizens bofore the grand jury, so he may be indicted and turned over to the of the southern division of the district of Iowa, against the removal courts when Congress is compelled to give him up, if before that time of the United States court from Keokuk to Burlington, to the Com he has not purged himself of the contempt committed against the mitt,ee on the Judiciary. House of Representatives. Therefore I say there is nothing incon Also, the remonstrance of citizens of Van Buren County, Iowa, of sistent at all in the Speaker certifying this ca e up to the district similar import, to the Committee on the Judiciary. attorney-nothing inconsistent ·with the action of the House to-day. By Mr. McDILL, of Wisconsin : Petitions of F. D. Demers and 28 They are not in conflict at all. others, and Oliver Demers and Z1 others, of Barron Connt.y, Wis Mr. MAYNARD. It seems to me this law is as plain as one can consin, for reservation of lands to actual settlers within the limits of make it. It provides that any witness who shall fail to testify as the Saint Croix land grant, to the Committee on the Public Lands. r

1875. CONGRESSIONAL RECORD. 297

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