I
CONGRESSIONAL RECORD- HOUSE. 4331
Muskingum County, Ohio, asking the donation of four condemned Mr. SPRINGER. I desire the Chair to bear·me. cannon for tlle use of said association-to the Committee on Military Mr. TUCKElt. Does the Chair hold the motion to lay on the table is out of order 1 The SPEAKE Lt. The Chair holds that the motion is not in order on the question Affairs. of the adoption of this proposed t·ule. · By l!'Ir. BOWl\iAN: The 11etition of Elizabeth Warren, of Lynn, Mr. TUCKER. And does the Chair' refuse to entertain an appeal from its de- :Massachusetts, for the passage of the French spoliation claims bill cisioni The SPEAKER. Unquestionably. to the Committee on Foreign Affairs. Mr. SPRINGElt. I call the attention of the Chair-- Dy 1\-lr. DOWD: The petition of J. W . Ewing and others, citi The SPEAKER proceeded to put the question on Mr. REKD's motion for the pre- zens of Montgomery County, Alabama, for an appropriation for edu vious question, cational purposes-to the Committee on Education and Labor. Mr. SPUINGER. I call the attention oft.he Chair-- The SPEAKER. The gentleman from lllinois is not in order. - By-Mr. DUNN : The petition of .A.. W. Shuey & Co. and others, Mr. SPRINGRR. I desire to state the q,uestion-- for the passa~e of a law creating a uniform system of bankruptcy The SPEAKER rapped t~ order and sa11l: The Chair bas heard the question and t o the Committee Qn the Judiciary. overrules it. . Dy Mr. KING: Tho petition of J. Harry Brigham and others, citi Mr. SPRINGER. I rise to a question of privilege. The SPE.A.KER. The Chair cannot entertain it now. The Chair is very indulgent zens of Morehouse Parish, Louisiana, for an appropriation for edn to the gentleman from DlinoisA a-nd has heanl him on his application, but the gen ca,tional purposes-to the Committee on Education and Labor. tleman must now desi!!t from tnrtber insisting on this matter. By Mr. l\10RSE: The petition of Emily M. Kee11 and of L. G. Mr. f:iPIU~GER. I have raised a prhileged question and desire the Chair to rule Mitchell and John C. Mitchell, for the passage of the French spolia 011 it. The SPEAKER. The Chair has ruled on it. . tion claims bill-severally to the Committee on Foreign Affairs. Mr. SPRn'GER. I appeal from the decision of tl1e Chair. By Mr. PETTIBONE : Papers relating to the claim ofT. C. Fon The SPEAKER. The Chair declines to entertain that appeal. the House has been taken upon it; nor has there been any action by NAYS-133. the Speaker upon it, except the refusal to entertain it. Therefore Aldrich, Guenther, McCook, Skinner Anderson, Hall, McKinley, Smith, A. Herr our J c:>urnal as made up is made up in precise accordance with the Barr, Hammond, John :Miles, Smith, Dietrich C. rule; more than that, it is made up in precise accordance with every Bayne Harmer Miller, Smith~~· Hyatt rule ever adopted for the government of a legislative body. The Belford, Harris, Benj. W. Moore, Spaulaing, journal of any legislative body contains only those things actually Bowman, Haseltine, Morey, Spooner, Brewer, Ilaskell, Neal, Steele, done by it; no more and no less; those things which are placed be Buck, Hawk, Norcross, Stone, fore the House. Burrows, Julius C. Hazelton, O'Neill, Strait, Tho SPE.A..KER. Tho Chair thinks this is not a debatable matter; Burrows, Jos. TI. Heilman, Orth, Taylor, but it is a question for the House to determine what its proceedings Butterworth, Henderson, Pacheco, '.rho mas, Calkins, Hepburn, Page, Thompson, Wm. G. .arc. Camp Hiscock, Parker, Townsend, Amos Mr. HASKELL. But there is a clear rule of the House-- Campbell, I!orr, Paul, ~ler, The SPEAKER. This is a proper question to be determined by the Candler, Ilouk, Payson, Updegraff, J. T. House. · Cannon, Hubbell, Peelle, Updegraff, Thomas Carpenter, Ilubbs, Peirce, VanAernam, Mr. HASKELL. If the Chair will submit my point of order to ChaceJ. Ilnmphrey, Pettibone, VanHorn, decision by the House, I have nothing further to say. Cornell, Jacobs, Pounu, Van Voorhis, Mr. KELLEY. I rise to a parliamentary question. WoulU not a Crowley, Jadwin Prescott, "'IVadsworth, motion to approve the Journal be in ordod Cullen, Jones, George W. Ranney, Wait, Cutts, Jones, Phineas Ray, Walker, · ·The SPEAKER. A motion to amend the Journal would take prece Darrall, Jorgensen, Reed, Ward, dence. As many as are in favor of amending the Journal in the Deering, Joyce, Rice, John B. Washburn, manner stated by the gentleman from Illinois will say" ay"-- DeMotte, Kasson, Rice, William W. Watson, 1\Ir. SPRINGER. On that question I call for the yeas and nays. Dezendorf, Kelley, Rich, Webber, Dingley, Ketcham, Richardson, D . P. West, The yeas and nays were ordered. Dunnell, Lacey, Robinson, Jas. S. Wbite, Mr. KASSON. Hefore we vote on this question I wish to ask, if I Dwight, Lewis, Russell, Williams, Chas. G. may ue allowed to do so, a parliamentary question. I am very anx Farwell, Chas. B. Lord, Ryan, Willits, Farwell, Sewell S. Lynch, Scranton, Wood, Walter A. ious to vote in accordance with the usa-ge of tho House; and I should Ford Marsh, Shallenberger, be glad if the Speaker could be auvised uy the Clerk, and would Godshalk, McClure, Sherwin, report to the Ilouse whether it has been tho usage to record in the Grout, McCoid, Shultz, Journal such propositions as, while they go into the RECORD, have NOT VOTING-69. not for any reason called for tho action of the House. I shoulu be Belmont, Dawes, Hooker, Shelley, glad to know what the preceuents have been. nlll~~J:am. Dibble, Ilutchins, Singleton, Otho R. The SPEAKER. Tho Chair will state that under 11aragraph 1 of ..vK, Dibrell, Leedom, Speer, Blackl.mrn, Dowd, Lindsey, Stephens, Rule XVI the Clerk invariably omits from the Journal everything Blanchard, Du~ro , Manning, Talbott, in the form of motions or appeals not entertained uy the Chair. Bliss. Ellis, Mason, Thompson. P . B. 1\Ir. KASSON. But t4ey go into the RECORD. Now, I want to Blount, Errett, Matson, Townshend, R. W. Bragg, Fisher, Morse, Turner, Oscar know whether that is the distinction made by the Clerk according Briggs, Flower, Murch, Urner, to custom Y Brumm Geddes, Nolan, Valentine, The SPEAKER. According to custom and the standing rule of Bucknc~, George, Oates, Willis, tho House. Caldwell, Gibson, Rice; Theron M. Wilson, Caswell, Hammond, N. J. Ritchie, Wise~ Mor~an R. l\fr. RANDALL. On so important question as was up yesteruay, Colcrick, Hardy, Robertson, Wooa, BeDJamin in\olring the future parlin.mentary practice ofthisHouso, !think it Crapo, Herbert, Robeson, Young. won1U have been better if those motions on which the Chair made Culberson, Ilewitt, Abram S. Robinson, Geo. D. decisions had been recorded in the Journal. Yotthepractice, under Curtin, • Hill, Rosecrans, tho 1·ulo which has been read, has ueen to give to tho Clerk, inmak Davis, George R. Hoge, ~ackelford, ing l!ll.tJ?.e Journal, under the supervision of the Chair, the authority So the motion was rejected. which has been exercised. In my judgment the real issue raised by Durin :Mr. HOLMAN. And upon that motion we ask the yeas and nays. :Mr. BRUMJ\I. I voted for the same reason. Mr. REED. That is it; you have to keep it up by sheer force of Mr. \VILSON. Mr. Speaker, I announced a short time ago that I habit. was paired with the gentleman from Oregon, Mr. GEORGE, but with The SPEAKER. The yeas and nays ara demanded upon the the understanding that I would vote for the purpose of making a. approval of the Journal. quorum. That gentleman has been called to his place of birth, as I 'l'ho yeas aud nays were ordered. stated a few moment-s since, to make an oration on this Decoration Tho question was taken; and there were-yeas 146, nays 4, not Day. votjng 141; as follows: Some days ago, during the consideration of the Lynch-Chalmers YEAS--146. contest, I was called away to my home by reason of the severe sick .Ahlrich, Fisher, Marsh, Scranton, ness of a member ofmy family, and found it exceedingly difficult to .Anderson, Ford, McClure, Shallen berger, procure a pair. I appealed to mn.ny friends upon the other side of BaiT, Fulkerson, McCoid, Sherwin, the House who felt constrained to refuse to pair withme. The gen Bayne, Godshalk, McCook, Shultz, Befford, Grout, McKinley, Skinner, tleman from Oregon, Mr. GEORGE, on that occasion, when I would Bowman, Guenther, Miles, Smith, .A. Herr have gone without regard to consequences under the circumstances,. Brewer, Hall, Miller, Smith, Dietrich C. generously and promptly came forward and made a pair with me. Briggs, Hammond, John Moore, Smith, .J. Hyatt Browne, Harmer :Morey, Spaulding, Therefore it becomes my honorable duty now to reciprocate that favor Brumm, llarris Benj. W . .Mo.rse, Spooner, and courtesy, and I clo it with the greatest pleasure. [Applause on Buck, Haseltine,1 Neal, Steele, the Republican side.] Burrows, .Julius C. Haskell, Norcross, Stone, Mr. CALKINS. I move to dispense with the reading of the names. Burrows, .Jos. H. Hawk, O'Neill, Strait Butterworth, Hazelton, Orth, Taylo~, 1\fr. BERRY and Mr. McJ\llLLIN olljectcd. Calkins, Heilman, Pacheco, Thomas, The names of those voting wei'O then read by the Clerk, aft-er which Camp, Henderson, Page, Thompson, Wm. G. tho result of the vote was announced as above recorded. Campbell, IDR,burn, .Parker, Townsend, .Amos <..:and.ler, Paul, Tyler, CONTESTED ELECTIOX-:\IACKEY VS. O'CO~NOR . <..:ann on, Hiscock, Payson, Updegraff, .J. T . Carpenter, Horr, Peelle, Updegraff, Thos. Mr. }.:llLLER. l\Ir. Speaker, at last, after a struggle of eight days,. Ch.ace_,, Honk, Peirce, Van .Aernam, and one which has l.leen unprecedented in the history of tho Govern Cornell, Hubbell, Pettibone, VanHorn, mont, the Honse hn.s como to tl10 consideration of the contested-elec Crowley, Hubbs, Pound, Van Voorhis, Cullen, Humphrey, Prescott, \Vad!!worlb, tion case of Mackey against O'Connor. The time spent owing to the· Cutts, .Jacobs, Ranney, Wait, tactics of the Democratic minority, has not been time altogether lost .. Darrall .Jadwin Ray \Valker, It has served to call the n.ttcnti.ou of the country to this caso as it Davis, George R. Jones, George W . Reed, \Vard, would not havo been had jt followed tho ordinary course that con Dawes, .Jones, Phineas Rice, .r ohn B. Washburn, Deering, .Jorgensen, Rice, Theron M. \Vat-son, tested cases have always heretofore taken. It has served to call to De .Motte, .Joyce, Rice, William W. Webber, the minds of the voters irrespective of party, who live north of Dezendorf, Kasson, Rich, \Vest, Mason and Dixon's line the value of tho ballot thoy hold, and caused Dingley, Kelley, Richardson, D.P. White, them to appreciate the privilege of casting it for whom they choose, Dunnell, Ketcham, Robeson, \Villiams, Chas. G. Dwight, Lacey, Robinson, Geo. D . Willits, knowing well that it will llo counted for all it is worth. It has Errett · Lewis, Robinson, Jas. S. Wood, Walter A. served also to call tho attention of tho country to the atrocious frauds Farweh, Chas. B. Lord, Russell, practiced at tho ballot-llox south of Mason and Dixon's line, and to Farwell, l:>ewell S. Lynch, Ryan, show to what outrages the South has l.leen subjected in order to keep. NAYS--4. the control of tho ballot in the hands of t:.ho dominant party there~ Bea-ch, Ellis, Hardenbergh, Wilson. in other words, to keep tho South "solid." NOT VOTING-141. For eirrht working days the Democratic minority, by filibnsteriug and rovolutionar.v- party tactics, has obstructed the Aiken, Culberson, Kenna, Scalee, lawfnlllu~:~iness ot~ .Armfield, Curtin, King, Scoville, the House. Notwithstanding the fact that the Repulllican majority .Atherton, Davidson, Klotz, Shackelford, has for four days had a quorum present of its own members, and .Atkins, Davis, Lowndes H. Knott, Shelley, demonstrated that fact by repeated roll-calls, tho miuority lloldly Barbour, Deuster, Ladd, Simonton, proclaimed lly its caucus aiH1 ou tho floor that no pulllic business Belmont, Dibble, Latham, Singleton, .Jas. W. Beltzhoover, Dibrell, Leedom, Singleton, Otho R. should llo transacted unless this 'luostion of highest privilege shoulc"r Berry, Dowd, LeFevre, Sparks, llo laid aside. Bingham, Dugro, Lindsey, Speer, Section 5 of article 1 of tho Cou titution of the United States BlaCk, Dnnn, Manning, Springer, Blackburn, Ennentrout, Martin, Stephens, provides- Blanchard, Evins, ¥a.son, Stockslager, Each llouse shall be the juuge of the elections, returns, and qualifications of its. Bland, Finley, Matson, Talbott, own members, and a majority of each shall constitute a quorum to do business. Bliss, Flower, McKenzie, Thompson, P. B. Blount, Forney, McLane, Tillman, Under the provisions of this clause of tho Constitution an<.l the Bra"'g, Frost, McMillin, Townshend, R. W. rules of the House, the majority on the 20th instant-ten days ago Buchiman, Garrison, Mills, Tucker, decided to tako up this case. Tho min01·ity saidl "You shall not pro Buckner, Geddes, Money, Turner, Henry G. ceed one stop." .At ftrst the country treated this threat lightly. As C:~.bell, George, :Morrison, Turner, Oscar Caldwell, Gibson, Mos~ove, Upson, day succccded day it lookcL1 on with amazement, and :finally with Carlisle, Gunt{lr, Moruton, Urner, indignation. The great industrial classes startled the more thought Cassidy, Hammond, X . .J. Muldrow, Valentino, ful with deep-seated murmurs of nnrcst. The great llusiness interests Caswell, Hardy, Murch, Vance, of the country turned anxiously to the safety that only resolutely en Chapman, :&rris, HenryS. Mutchler, Warner, Clardy, Hatch, NolAn, Wellborn, forced and implicitly ol.leyod law can give. The Republican ma Clark, Herbert, Oates, Wheeler, jorHy determined that theso revolutionary proceedings should be Clements, llerndon, Phelps, Whitthorne, halted, and accordingly on yesterday amend0d the rule lly virtue of Cobb, Hewitt, .AbramS. Phister, Williams, Thomas whlch the minority had so long ollstructed the pulllic l.lnsiness. In Colerick, Hewitt, G. W. Randall, Willis, Converse, Hoblitzell, Reagan Wise, George D. viow of all that has past-~ed tho wistlom of this proceeding and tho Cook, Hoge, Richardson, .Jno. S. WiseJ :llor~an R. manuer of its accomplishment will not be questioned by thoughtful Cox, SamuelS. Holman, Ritchie, · Woou., BenJamin men when the angry feelings incited by IHtrtisan strife have subsided. Co:x1 WilliamR. Hooker, Robertson, Young. Covmgton, House, ltobinson, Wm. E. It wa well saiu jn a recent Republican caucus by tho honored and Crapo, Hutchins, Rosecrans, (listinglli!:!hed gentleman from Peunsylvania, tho father of thid Cravens, Jones, .James K. Ross, House-Judge KELLEY-that iftheRepul.llicanmajority, which repre sented the party of free speech and freo discussion, Bhould at the So the J oumal was approved. dictation of the Democratic minority yield tho consideration of this Mr. MORSE, (when his name was called.) I vote ~fr. Speaker, to question of hlghcst privile~o and highest constitutional right1 and make a quorum, and vote" ay," for the reason that I promised my without dollate recommit It to a staniling or special colllmittoe, colleague, :Mr. CRAPo, who is al.lsent from tho House, to voto if my "then, then," said he, "when that is consummated, follow it imme vote should be necessary to mako a quorum. diately with a resolution that tho Speaker ilirect tho Sorgeaut-at The following additional pairs were announced. Arms to crapo the American flag that floats over tho House au 1882. CONGRESSIONAL RECORD- HOUSE. 4335 elections. By the manager so appointeu the election at each poll is of the Clerk of the House, questioning his right to the seat, and that conducted and at its close the votes counted and a return thereof he would not consent to any assault upon his right as such member, made.. to the com.m.iRsioners of elections, who, on tho Tuesday next and that he was compelled, for tile reasons set forth in said memorial, following the election, meet and organize as a board of county can to protest a~ainst being served with a notice to :file a brief in the vassers, and from the returns made to them by the managers they said case of 1.\'fackey '1.'8. O'Connor. count or canvass the votes of the county and make such statements This memorial was considered on said February 7 by the full thereof to tho State 'board of canvassers as the nature of the election committee, his protest overruled, and by a vote of the committee the requircst making for Representative in Conqress ''separate statements clerk was directed to notify him to file his brief within the time pre oftiJ.o wllole numb ~r of votes given in sucn county." scribed by tho rules.· This gave him until February 27 in which to J. Dibble proposed to the committee to file one additional affidavit Mr. MILLER. Oh, no; I will say this forJudge MOULTON : that I .corroborating those first filed by him. It hacl previously been sub have voted to dismiss contests here and decided a~ainst Repull . mitted, so be said, to Mr. Mackey, and the latter stated. to the com licans, but 1 will say this for that gentleman, that ne has always :rnittee, in the presence of Mr. Dibble, that he was well acquainted voted for his mun in every instance. [Laughter.] I state this that with the party whose name purported to be signed to said affi the gentleman may staudright before the House . .Uav:it, and that he personally knew that the party could neither read ~Ir. ATHERTON. May I usk the gentleman to ~ive the name of writino- nor write his name, although the affidavit appeared to be the case in which he voted to unseat a Republican T signed0 by the person making the same; and that if the san!e was Mr. MILLER. There were eight cases dismissetl where Repub iiledue desired time to file affidavits corroborating this declaration. licans were contestants, and I voted on seven cases to dismiss, which ~fr. Dibble did not deny the assertions of Mr. Mackey, but simply left out seven Republicans. I would like the gentleman from Ohio .stated that he knew nothing about the affidavit except that he had [l\fr. ATIIERTON] while I am speaking to go up to the clerk of the received it by mail. The sub-committee-- committee, and he will give him the desired information better than . ~ r. DIDDLE. May I ask the gentleman a question Y I can do it now. Mr; MILLER. Yes, sir. l\fr. ATHERTON. You might stute it now. · Mr. DIBBLE . . Did I not state in the sub-committee that I d.idnot The SPEAKER. Does the gentleman from Pennsylvania yieltl f Jmow the person who made the affidaviU l\fr. MILLER. Not on that point. Mr. MILLER. That is precisely what I stated. Mr. ATHERTON. You commencetl it. Mr. DIBBLE. But that if Mr. Mackey desired. to make a charo-e l\fr. MILLER. It will be seen they will not lot me try this case. of forg_ery a~~inst that affidavit he should. support it by uffiduvit f As I huve ulreudy statetl, it took me eight duys to get thus far. Mr.. l\llLLBR. Just what I stated. [Laughter. J ~Ir. DIBBLE. A.nd did. I not further say thut I was well ::w The sub-committee met on the 20th l\farch, and during that day, quuinted personully and by reputation with the notary who uttcsted und the following day, heard able and exhuustive urguments, on the .that affiduvit Y part of Mr. Dibble, by General H. E. Paine, one of the ablest lawyers Mr. MILLER. Yes, sir. on election cases that has appeared before the Elections Committee Mr. DIBBLE. And that I would assert aud maintain by affiduvit, during the present session when I was present. if ·required, that that notary was a man of unimpeachable rcputa They also heartl arguments on the part of l\Ir. l\Iackey, by Jnllge ·tion, a son of tho clerk of tho circuit court of tho United States in Shellabarger, a former member of the House and a distinguished the city of Charleston Y Did I not fm:ther say that I was not famil lawyer. The brief submitted by General Paino is in 1wint and con iar witb his handwriting, but my counsel, Mr. Earle, who is known tains twenty-seven closely printed pages. That brief discusses, as to a number of gentlemen upon this floor as a reputable lawyer of he did orally, the disputed question which has been in controversy 'Vashington, formerly of Charleston, a Ropublicun, was familiar with on this floor for eight duys pust, relative to the allegeu forgeries, tbo ltand 'Tiiting ? chunges, antl alterations of the testimony. Mr. MILLER. Handwriting of the notary. The facts of tho case touching the election of l\Ir. l\Iackcy or l\fr. ~fr. DIBBLE. Yes, sir. That he was familiar with tl10 handwrit O'Connor were not controverted or argued by either l\fr. Paine or lUO' of the not,ary and of the body of tho uffidavit, and was prepared l\fr. Earle, who appeared before the sub-committee for l\1r. Di!Jble, or to 0 swear that it was the handwriting of the notary, and he would by Mr. Dibble himself. No assertion or declaration was ever made to join with me in attesting that notary's reputation f A.n(l did I not, tho committee by them, or any one of them, that in accordance with then and tberc, challenge Mr. Mackey to produce affidavits that it the printed ovitlenco in tho case und tbe returns of the Democratic was a forgery Y precinct managers l\fr. Mackey was not clearly electetl. Mr. MILLEH. That is just precisely as I was stating ~hen tho After argument, a ma.jority of the members of the sub-committee O'entlemnn interrupted me. Mr. :Mackey stated to the committee that met, and after consultation and a carefnl review of the endenc.e sub the mnn whose name was purported to be signed to it could neither mitted to them, and a full antl careful consideration of the argu read 'nitJ.1w nor write his own name, and that ~Ir. Dibble admitted ments of General Puine antl Judge Shellabarger, they conclutletl that that he •lid ~ot know whether the man could read writing, or writei the churges of forgery und alterutions of i;he record matle by l\Ir. or not, bnt that he was willing that the committee should take al Dibble were utterly and wholly unfotmded, and that tho refut-ation tbe time that they wunted to examine this collateml issue ; and I of such char~es by the evidence submittetl by l\Ir. l\fackey, ex parte, must l'e permitted to say tbat Mr. Dibble never refused but always as was Mr. Dibble's, utterly 1lispelled uny (loubt or shadow of doubt . encouru.~.,.e the vote 1,200 for O'Connor, tho man whoso seat Mr. Dibble wauts to ~Jr . ~IILLER. I uodine to yielu fnrther. occupy, and gave to Mr. Mackey 5. Tho county cam·asscrs-nll of The SPEAKER pro tempore, (Mr. CnOWLEY in the chair.) Unless them Democrats, God bless them! [laughtcr]-countcd it in the same the g~ntlcman from Pcnn~;y lvn:nia yielus the floor the gentleman from way, 1,200 to 5, and it no doubt made the old walls echo when they Ohio is ont of·onler. sang it out down there. , And it went up to tho State boaru of can M:r. ATHERTON. Certainly; lmt the gentleman has not answered vassers, all of whom were Democrats, and they again counted it 1,200 my proposition. for O'Connor and 5 for Mackey. And it came to this Committee on ~Ir. 1\liLLER. I have statetl a proposition which I am sustained Elections, and not desiring to count the vote other than the precinct in by cv ry m.cmber of the Committee on Elections that voted for managers had counted it, notwithstanding this atrocious villainy, that majority report, and the gentleman from Ohio has one hour in notwithstanding this magnificent frautl, notwithstanding this un his own right to make any point or any suggestion in that connec clothed perjury, we counted it 1,200 to 5. And after that the gentle tion that h<1 mny choose to make; and if one hour is not enough for man who occupies the scat which he thinks 1\Ir. O'Connor ought to him to conclnue in he shall have two hours, and if he cannot con have had comes in, and on that fourth memorial calls up witnesses clude in two hours he shall have thiee. whose testimony only goes to prove that it was cast as we counted it. Ur. ATHERTON. I just wanted-- Because we would not grant his memorial, because the committee :Mr. MILLER. Now I hope the gentleman will permit mo to pro thought that was the sheerest nonsense in the world, the Democrats ceed. filibustered for eight days. We counted it as tho Demoomts counted Mr. ATHERTON. The gentleman has maue a statement, and I it, and then the Democratic minority stoou there, these Northern uosire him to come to the true point that is involved in this matter. Democratic leaders-tho gentleman from Pennsylvania. [Mr. RAN Mr. MILLER. It will be seen, therefore, Mr. Speaker, in recapitu DALL]. and the gentleman from New York, [Mr. HEWITT,] supple lation, that the question of the alteration of the record raised by the mented by two gentlemen from the ''solid South "-and here for eight Democratic members of the Honse, anu which they charge has nevex days they filibustered over such a question as that. been investigateu by tho Committee on Elections, is utterly un I do not regret that that side of tho House saw fit to thus 11lainly foundeu; that it has been argued at great lenf:?th by eminent coun present this question to the country. I say to you that it will be sel on either side before the sub-committee, twiCe passed upon by the read; I say to you that the Northern voter, Republican and Demo sub-committee, twice l.Jy the full committee, anu exhaustively re crat, will rentd it, and that some day, I think at the November elec viewed by the minority report of the Elections Committee filed in tion of 1882, many Democratic Daniels will come to judgment. the House April 12. [Laughter and applause.] . This fourth memorial was referrell to tho Committee on Elections, JtiA.CKEY'S ELECTIO::i DECIDED OX DEMOCRATIC RETUR..'iS. and on May 16 was discussed by the members of the committee In arriving at the conclusion that Mr. Mackey was elected by a mark you, the full committee-for over three hours. You saill we majority of 879, the committee accepted the returns precisely as did not consider it. You said we did not judicially deliberate. You counteu by the precinct managers of tho three counties comprising said we did not discuss it, and yet my genial friend, Mr. ATHERTO:N, the district-Charleston, Orangeburgh, and Claren HAUT GAP PRECINCT. cinots according to the J>Oli-list kept by the Democmtic managers; 1 The undisputed evidence in the case shows beyoml all doubt or the number of ballots found in the boxes at the close of the polls by controversy that the vote cast at Rant Gap was: those managers; the number of Republican ballots drawn out; the number of Democratic ballots drav.rn out, and the voto as finally ~tc::J~~::.·.·_-_·_·:::::.·_-_-_-_-_-_-_-_·_·_-_-_-_-_-_-_-_-_-_-_-_-_-_-_·_-_-_-_-_- ::::::::::::::::::::::::: 1, 0~~ counted and returned by the managers to the county canvassers. The table is as follows: Majority for Mackey ....•. . _...... _...... _.. 991 Stateml'nt showing the mwtbel' of persons who votecl in the 1·cjected 1Jre After the polls had been closed it was found that there had not cincts the number of ballots found in th.e box, the numbe1· drawn out, been a single ballot voted in excess of the number of persons who ann the v.ote as 1·etu1·ned by the p1·ecinct rnanagerB to the connty bom·d of had voted. After the ballots had been counted and put back in the canvasBers. box with the poll lists and returns it was sealed up anddelivered to Vote us count J. H. Wilson, one of the Democratic precinct managers, who de ell by the Dem livered it to the clerk of the county commissioners of election. The ocratic precinct box remained in the possession of the county commissioners of elec managers and t,ion, who are also the county canvassers of election, until opened to returned to county canvass be counted, and when so opened and counted by them it was found ers. to result as follows: rrocincts. ~cc:n~-~ :::::: ::::::::::: :::::: :::: :: :::: :: ::: ::: ::::::::::::: ::::: : :::::: :1, o~~ Majority for O'Connor ...... 1, 033 At once the attention of the cotmty canvassers was called to the fraud which had been perpetrated, bnt they refused to either hear evidence or correct it. A writ of mandamus was at once sued out against the managers at Haut Gap precinct to compel them to make CHARLRSTOX COIJXT¥. a return of the election at that poll. To that writ they made answer that they had already done so. Upon this issue was joined, and testi Calamns rond ...... 668 608 511 119 Strawberry ...... 663 663 573 90 mony taken by the judge who issued the writ-himself a Democrat Brick Church .. _...... 74!) 749 732 16 Ten-Mile llill ...... and after hearing he rendered the following decision : 608 608 4 603 5 mack Oak ...... 40-! 408 ··-·4· ······ 3!)3 11 1. That the ballots cast at the election, together with a statement of tho result Biggin Church ...... 467 481 14 13 1 380 63 anu the poll list at the. close of the can"Va ·s by the managers, were pnt in tl1e box, Enterprise ...... 5-16 685 13!) 101 38 385 161 the box co"Vcreu with paper and sealeu with wax ancl uoliveretl to J. II. ·wilson, one of the mana~ors, to be delivered by hlm to tho county canvassers. ORA..'WEllUllGll COIJXTY. 2. That J. II. Wilson brought the box with the seals unbroken and deli>ered it to tho county canvassers on tile 3d day of Xo"Vember, stating at the time of deliv ery the contents of the box. ~~f.i~Oiie:::::::::::::::::::: ~~ ~~~ 1~ & 1 ~¥; ~g 3. That at t}le time of tho deli"Verr of the box to tho county c:.uivassers it con L ewisville ...... 936 988 52 40 1~ 700 236 tained the ballots cast at the election, a statement of the election by the man Bookharut'll...... 281 298 17 16 1 212 69 agers, and a polllil!t, and that the violation of tllo box was subsequent to 'its U.~:~livory by Wilson. Total ...... 5,90316,230 5, 022 J--s95 Tho managers having done that which it is sought to compel them to uo, it is 237---ui41--;;J ordered that the rule bo discharged. · On this the Republican candidates carried the matter to the State In order to compel the county canvassers to count the votes of board of canvassers, and there the attorney for the Republican can these polls illegally r ~ected, application on behalf of the contestant didates and tho attorneys for the Democratic candidates made an and the other candidates on the Hcpublican ticket was made to Judge agreement, which is found in full on pages 160 and 161 of the printed ·wallace, one of tho circuit judges of the State, for a writ of manda record. It states that the whole number of votes cast at Haut Gap mus, which he declined to grant. An appeal was then taken to the precinct and counted and returned by the managers thereat was 1,08:3, supreme court of tho State, anu afi.er a delay of many months it de of which number the Republican candidates received 1,037 and the cided that the county boar Mr. :MILLER. This is a brief statement of the number of votes TABLE No.1. cast and canvassed at these eleven polls rejected by the county board of canvassers !Jf Charleston and Orangeburgh Counties. It is true Table showing at each poll in the second Congressional district of South t.hat Mr. O'Connor in his answer set up that these polls were thrown Carolina tlte nu.mbe-r of persons who -voted according to the poll listB of out because "threats, acts of intimidation, and violence wore perpe the managers of the election, the n·'Umber of ballots found in the boxes trated bythapartisansand supportcrsofMr. Mackey," ''tothe serious at the close of the election, and the excess of ballots over voters. ipterfercncc 1\'ith the managers of election in tho discharge of their ";::$~· 1o the farthest they go is that they believe many colored men would ;::!'+< TABLE No.2. [When Mr. MILLEn offered the above tables the following colloquy took place: Table showing the vote of the second Congressional district of South Caro Mr. ATHERTON. They are the same tables as those connected li-na, first, as it was cast by the electo1·s j second, as it was counted and with the report, I suppose f returned by the precinct managers of the election, ancl thi1'Cl, as it was Mr. l\liLLER. No; there a~e some different. If the gentleman finally canvassed and returned by the county canvassers. objects to their being printed I will read them; but I know the gea tleman will not as;k me to do that. He may print any tables he ~!i a~~=:g ~~~va~!e~a chooses. Vote as cast by by the precinct returned by tho Mr. SPARKS. I object. electors. ::nanagers of c o u n t y can- Tho SPEAKER pro tempore. The Chair did not hear any objection. the election. vassers. Mr. MILLER. If there is objection I will send them to the Clerk's Precincts. desk and have them road. r-i r-i r-i 0 ~ 0 ~ 0 ~ Mr. SPARKS. Let that be done. ~ ~ ;::: ~ ~ ~ ,.:.: ;::: ,.:.: ~ ,.:.: J\1r. REED. Let them make their last exhibition on this subject. 0 0 0 0 0 0 C) d C) d C) Mr. SPARKS. I object to them unless they are read. 0 ::rm Brick Church...... 16 732 16 732 ...... now remains. Hickorl Bend...... 197 204 107 204 197 204 The SPE.A.irnR p1·o tempot·c. Five minute"!, as the Chair under Coopers Store...... 146 190 149 187 149 187 stands. Cross Roads...... 111 110 118 104 118 104 Mr. SPARKS. Then the gentleman has five minutes romainin~. Twen~-tw~-Mile llouse...... 129 459 145 443 145 44lJ Ten-MileMill...... 5 603 5 603 ...... Mr. ATHERTON. I would like to ask the gentleman one [No. 1.] [No. 2.] [No.3.] DcmoCI·a.tic Ticl(ct--1880 Democratic Ticket--1880 UNION REPUBLICAN TICKET. Charleston County Chariest~ County For President, Electors at Large, Electors at Large, John L. Manning. JAMES A. GARFIELD. John L. Manning. William Elliott. William Elliott. For Vice-President, District Electors, District Electors, Ist-E. W. Moise. CHESTER A. ARTHUR. Ist-E. Vv. Moise. zd-SamuellJibble. 2d-Samuel Dibble. 3d-J. S. Murray. 3d-]. S. Murray. 4th-Cad wallader Jones. For Pt'el!lidcntinl ElectoJ·s. 4th-Cad walladcr Jones. 5th-G. W. Croft. 5th-G.' W. Croft. At Large- THO:l\IAS B. JOHNSTON. Governor, Gov~'"Ilor, At Large- A. S. WALLACE. Johnson Hagood. Johnson Hagood. First District- WILLIAM A. HAYNE. Lieutenant-Governor, Lieutenant~Governor, Second District-E. A. WEBSTER. D. Kennedy. Third mstrict-TH0111AS N. TOLBERT. J. D. Kennedy. J. Comptroller-General, FourthDistrict-WILSON COOK. Comptroller-General, C. Coit. Fifth District- B. r. CHATFIELD. J. C. Coit. J. Secretary of State, Secretary of State, For 47th Congress-Second District, R. M. Sims. R. M . Sims. EDMUND ,Y. !11 . MACKEY. Attorney-General, Attorney-General, For Solicitor-First Circuit, Leroy F . Youmans. Leroy F . Youman ·. M. E. HUTCHINSON. Superintendent of Education, Superintendent of Education, HughS. Thompson. For Sheriff, HughS. Thompson. Adjutant & Inspector-General, LOUIS DU:l\"'NEMAN. Adjutant & Inspector-General, Arthur M. Manigault. Arthur JVI. Manigault. l!'or Clerk of Court, State Treasurer, State Treasurer, JOHN H. OSTENDORFF. John Peter Richardson. John Peter Richardson. Congress-Second District, For Coroner, Congress-Second District, M. P. O'Connor. 'VILLIAM H. TH0~1PSON. M. O'Connor. r. Solicitor-First Circuit, Solicitor-First Circuit, For Judge of Probate, W. St. Julien Jervey. W. St. Julien Jervey. WARREN R MARSHALL. Senator, Senator, For School Commissioner, Augustine T. Smythe. Augustine T. Smythe. Representatives, SAMUEL R. COX. Representatives, C. H. Simonton. Fot' County Commissioners, C. H. Simonton. J. B. E. Sloan. J. B. E. Sloan. James Simons. GARRETT BYRNS. James Simons. C. P. Richardson. R. K. WASHINGTON. A. E. PHILIPPY. c. P. Richardson. John Jenkins. John Jenkins. H. L. P. Bolger. For Senat{)r1 H. L. P. Bolger. E. McCrady, Jr. J Al\1ES ll. CAMPBELL. E. McCrady, Jr. . A. S. J. Perry. A. S. J. Perry. John F. Ficken. For House of Representatives, John F. Ficken. J. C. McKewn. ANDREW SIMONDS. J. C. McKewn. E. J. Dennis. THOS. A. McLEAN. E. J. Dennis. W. T. W. Baker. ·wiLLIAM J. GAYER.. W. T. W. Baker. John H. Devereux. CHARLES H. VANDERHORST. John H. Devereux. G. W. Egan. C. G. MEl\Il\HNGER. G. W. Egan. George M. Mears. DANIEL T. MIDDLETON. George M. Mears. Joseph Parker. JAMES BRENNAN. Joseph Parker. Paul B. Drayton. PRANK LADSON. Paul B. Drayton. Clerk of Court, ROBERT ,V, DROWN. Clerk of Court, W. W. Sale. LOUS SEEL, Sn. W. W. Sale. Sheri.tr, MOSES CARTER. WILLIAl\f G. PINCKNEY. Sheriff, Hugh Ferguson. Hugh Ferguson. THOi\I.A.S OSBORN. Probate Judge, JAMES HUTCffiNSON. Probate Judge, William E. Vincent. SMART 'VRIGHT. William E. Vincent. School Commissioner, STEPNEY W. LADSON. School Commissioner, Rev. P. F. Stevens. JAMES SINGLETON. Rc:.v. P. F . Stevens. Coroner, Coroner, John P. DeVeaux. John P. DeVeaux. No. 3 is printed on coarse paper, the face County Commissioners, County Commissioners, white, the back checked in white, red, and T. A. Huguenin. T. A. Huguenin. green; in size au exact fac-simile. Philip Fogarty. Philip Fogarty. William H. Cain. William H. Cain. CunHtitutional Amendment rclat. Constitutional Amendment relat ing to Homestead-Yes. ing to llomestead-Y.Es. No.1 is printed on thin, light No.2 is printed on thin li~ht-bluc tissue blue tissue paper. As printe(l paper. As printed the size IS an exact fac :tbc size is :m exnct fac-si?Iile. simile. 4344 CONGRESSIONAL RECOR.D- HOUSE. }fAY 30~ !!t'llpbic notes in deponent's own hanuwriting, anu testimony taken on behalf of to the testimony taken in llr. Mackey's behalf; I lmow nothing abont the t-es ti E. \V. )L Mackey, esq., was turneu over to him in ueponent's own handwriting, mony taken for Mr. O'Connor; that from tho early part of January, 1881, and olf' and such taken on behalf of the lion. 11£. P. O'Connor was turned over in depo· and on during the summer months, and nearlynp to tho time that tho lastpn.clrn.ge nent's own handwriting to Robert Chisolm, jr., esq. of Mr. Mackey's testimony was sent off, I was copying; that the packag:cs herein .. This ended his (ucponent's) connection with t=~aiu testimony, except that after· before mentioned as shlppe cient, and that all we need to do is to look at tho facts in the case venicnce, yet, in justice to me, you should not hesitate to uo as I bavo requested. A.ny reasonable charge for tho services p erformed will be paid by me upon receipt . just as they are, and ask ourselves the question, is this thing inno of your bill. cent, is this job ofrccopyinO' the testimony an innocentthingY Yonrs, rospectfuH:r, Now, in contradiction of these affidavits, which I h:1Ve referre<.lto, E . W. ::ll. M.. that might differ from tho order in which they are found in the printed Mr. ATHERTON. Certainly; they got togethe1· after the death >olume. of O'Connor. Mr. D.A. VIS, of Missouri. Suppose they urc in the order in which Mr. CAl\IP. This was done by his lawyer. they were copied off from the steno~raphic notes' Mr. ATHERTON. Can a man havo a lawyer after he dies ' Mr. DRIGGS. If you look you will see they are not printeu in the M.r. D.A. VIS, of 1\lissonri. I believe, if I recollect rightly, tho last .order of the dates on which they were taken. thing I had road from the Clerk's desk was au apology or excuse Mr. DAVIS, ofl\lissouri. I cannot answer as to that. Dnt if the that Mr. Mackey gave for llaving this testimony in llis own posses gentleman will remember, that does not meet the point. He takes sion. Now, what is it 'f In the first Flace he says he was fearful this list which Mackey furnishes him anu tho written testimony, and that there woulcl be au extra session o Congress and he wanted to the point is he does not follow the order which l\Iackey suggested, get his case ready, aull hurrieu up for an extra session. He says but by skipping one anu twososelectsthc \eryfonrteendopositions also that he had employed. this man Hogarth before and he found on which Mr. Mackey relies. him to be a \cry rough writer when he wrote fast, and that be en But, Mr. Speaker, there is one fact, as I stated in the outset, that tered into an agreement with him that he should write his testimony is contradicted by nobody in this matter; and that is that this man in a rough and hasty banu anu it should be afterward recopied by .Mackey, the contestant in this case, bad the testimony in his own persons employed for the purpose. possession. I say nobody uenies that; and that was certainly a In other worus, his apology for euterin~ into this agreement is, that t hing of doubtful propriety for a. party in interest to take his own be wanted to hurry up his case and get 1t ready for an extra session .testimony and keep it in his own possession. Now, what is his al)Ol of Congress. Yet he entered into an agreement with his own paid ogy for doing this 1 I will give it to you in his own language. I notary public that he should ~o this work in such a wa.y that it ask tho Clerk to read Mr. Mackey's afiidavit. would be necessary to do it over again, and that in order to save time. The Clerk read as follows: In other words, he enters into an agreement with this notary public AFFID.A.YIT OF E. W'. :11. liiACKE<. whereby double tho work is to be dono and double tho time requireu, "in order to sa\o time." DISTRICT OF COUJMDIA,Oounty of Washington: He says he was anxious to get his caso roauy for an extra session P ersonally appeared E. W. M. Mackey, who, being duly sworn, says that,~ for of Congress. I holU in my hand here a copy of a record of this the pnl'JlOSe of taking testimony in his contest against Mr. M. P. O'Connor tor a seat in tho Forty-seventh Congress. deponent .employeu one E. ll. lloga~· th, a Honso which I will reau. It is a copy given to me by tho Clerk of notarv public and a. stenographer; that at the time deponent be"'an tho taking of this House, stating t.J1e time when tho packages of testimony in this his testimony and for several months after it was generally be'iieved that there case were received : woulu bo an extra session of Congress soon after the inauguration of PresidentGar .field; that deponent was therefore exceoilingly solicitous in such event that the Second South Carolina, E. W. M. Mackey va. M. P. O'Connor . testimony in his case should be ready to be eubmitted to the llonse of Represent One package recei>ed uy c~ros s Uay2J881, indorsed" Testimony taken in -atives immediately upon its assemuling; that in the taking of testimony 41 his bollalf of contestant, package ~o. 1. E. II. uoaarth, N. P ., South Carolina." .contest in the previous Congress deponent bad employed tho said E . ll. IIogarlb., Ono package roccivetl by exrcss Uay 27, 181n, indorsed "Testimony taken in whom, in the transcribing of his st e uo~aphio notes, deponent cliscovererT to bo ~~~,f of tho contestant, pac ·ago No. 2. E. ll. Hogarth, N. P., South Caro- · an exceedingly slow writer, especially w'licn required to write in n. clear amllegible 'hand; that therefore, for the Jmrposeof facilitating the said E. ll. Hogarth in tho One packago recei,ell by express May- 31 , 1881, imlorseu " Testimony taken in ·transcribing of his st.enographlo notes of the depositions taken in the present behalf of contestant, package No.3. E. H . llogarth, notary public." .contest, it was agreed byancl between deponent anu the said E. ll. Hogarth tbat One package J·ecciveu by express Se-ptembor 21, 1881, imlorsed "Contestant's the latter should transcribe his notes in a. rough and hasty hand, aml that tho testimony in rebuttal in contested-electiOn case of E. W. M. Mackey against M. s ame should be afterward copied by others to be employed for that purpose. P. O'Connor. E. H. Hogarth, notn,ry pnulic, S.C." Three packaF.es in one uunulo received by express September 1. 1881, indorsed ~Ir. ROBINSON, of Massachusetts. If it would not interrupt my respectively: J!ackage No. 1, "Testimony taken in behalf of contestee. .ra.cob friend from Missouri I wouldliko to inquiro whether tho testimony "\Villiams, notary public." in Mr. O'Connor's behalf was in Mr. O'Connor's charge while living Package No. 2, "Testimony takcu in behalf of coptestee. E. H. Hogarth, no .and in the charge of his counsel afterward, and w hetber his testimony . tary pntilic." l'ackago No. 3, " Testimony taken in behalf of contestee. James S. Wilson, came up here iu something the samo way that tho testimony in ~Ir . notary public." :Mackey's behalf did? One package received by express November 30, 1881, indorsCll " Eviuenco for Mr. ATHERTON. I am prepared to answer that question. contestant. E . H . llo~arth, notary public." 1\ir. ROTIINSON, of Massachusett,s. I only want to know tho facts. NATHANIEL S. PAUI,, Mr. ATHERTON. With the permission of the gentleman from Olerk Oomm·ittee on Elections. Missouri I would like to make a statement about this. It is truo It appears that according to this man's own sworn statement his that the testimony on the part of 1\'lr. O'Connor went into the hands object in making this arrangement with this notary public was to to be rewritten or recopied, whateYcr way you put it, by persons Mr. DAVIS, of Missouri. Well, bless my soul, I never supposed employed by him for the purpose f auy one woulcl ask such a question. [Laughter and applause.] I I ask any man, in view of the facts which I have stn,ted in this thought I had a~swered that question when I said this : that there case, can he believe that that was the only object and purpose Y Do is but one way to take testimony in a contested-election case, ancl that not our minds naturally and irresistibly turn to the deposition of C. is to take it according to law. Smith, who took the bribe, you may say, and who says that whole Mr. RANNEY. \Vas it not taken according to lawf '{>ages were stricken out, that interlineations were made, that whole Mr. DA. VIS, of Missouri. It was not preserved and transmitted pages were substituted in the handwriting of Mackey, to which there according to law. wat; notbing in tho original to correspond; and that even the copi~s Mr. RANNEY. Taken under agreement by a stenographer f that C. Smith made were returned to him by Mackey with fresh inter Mr. DAVIS, of Missouri. I say that there is but one way by which lineations, and he maue fresh copies. this thing can be done, and that is accordin~ to law: But aftor every Docs not that seem to be the excuse for rewriting this testimony law and every rule for the preservation ot testimony has been vio and the cause of the deluy which was had in this caseY I say again, lated; after the contestant has had the testimony secretly in his can any man believe this flimsy and contradictory excuse and apol possession for weeks and months-some of it for four months, some for -ogy that has been offered for violating every law and eyery ntle that five, some for eight, and some for ten months; and after the original has been biu down to guard and protect tho integrity of testi- contestee is dcau, yon have tho boldness to ask us, can you prove mony¥ · this is a fraud 'I [Laughter and applause.] Is not that a ridiculous Remember what Mr. McCrary in his work on elections says on this proposition, after a man has hail eYery opportunity to alter the tes .subject, and what the statute of tho United States provides, that the timony, and wben this man Dibble "~as not a party to tho case officer takinrr testimony in a contested-election case shall without originally f Is it not a ridiculous question to ask me after all this unnecessary delay certify carefully, seal up, aml immcdiatelyforward has taken place : can you point. out where the fraud is f the sumo to tho Clerk of tho House of Reprcscntati\cs; that he I sny now, Mr. Speaker, as I said in tho beginning, that tho law shall be careful to keep the same securely in bis possession until it is has been violated; not a State law, but a statute of tho United forwarded to tho Clerk of the House of Re}Jresentatives as rcquirecl States, autl tbnt these depositions ought to be suppressed. by tho statute. Did not this man Hogarth, in conjunction with The SPEAKER pro tempore. Tho hour of the gentleman has ex-. :Mackey, violate this statute in over~- rcspect1 Thenotary did not pired. without unnecessary delay certify to this testimony ; he did not Mr. DAVIS, of Missouri. I desire but a few minutes more. carefully seal up the same; he did not keep it in his own possession Mr. CALKINS .. I hope there will be no objection to the exten until forwardeu to tho Clerk of tho House of Representati>es; he sion of the gentleman's time. did not forwaru tho same to the Clerk of the House of Roprescnta There was no objection; and it was ordered accordingly. ti>es as required by statute. To these facts he has sworn. Yet we l\1r. DAVIS, of Missouri. Now, Mr. Speaker, all we h::we to do in arc expected to o>erlook all these irre~ularities, all these departures this case is to ask oursel>es this one simple question: Was there from eYery requirement of law deeme Mr. PAUL. Certainly. The SPEAKER pro tempm·c. It bas been done because gentlemen, Mr. ATHERTON. How long was that before he was Mackey's without appealing to the Chair, haYe interrupted those who were ·right bowerY speaking, without asking permission of the House or of them t.o uo Mr. MOULTON. Was not Mackey in the same category with so. Gentlemen know that snch proceeUings are out of order, and the .Smith 'I Chair appeals to gentlemen to main bin order and preserve the pro Mr.PAUL. No, sir; Idonotfiudhimtbere. Ifhewas, 1\fr. Dibble priety of the House. .and his committee forgot to report him; and if such be the case, 1\fr. Mr. SPARKS. I am not reflecting upon tho Chair at all. But Dibble was derelict in his duty as a representative of the people of during the speech of the gentleman from Missouri [Mr. DAVIS] the .South Carolina. In another instance .Mr. Dibble reports Mr. Smith Chair knows that without asking leave that gentleman on divers as I'cceiviniY a bribe of $500; and in another, one of $300; and in occasions was interrupted by others, as the gentleman from Ohio has another, on~ of $100; for it seems they could buy him at any price, now interrupted the gentleman from Vir¢nia.. .and when Mr. Dibble wanted a swift witness he knew exactly whore The SPEAKER pro ten'i}J01'C. Tho Charr endeavored. to maintain rto find him. order and preserye the riO'hts of the gentlem:m from Missouri. So Mr. McKINLEY. Is that tho same Smith 'I far as t.he Chair bas knowlellge the ~ontleman from Missouri in every .Ur. PAUL. Tho same Smith. case yielded for tho questions wbicu were asked him . .Mr. ATHERTON. w·m the gentleman tolerate just one other Mr. ATHERTON. I hope tbal tho same rule now a11plied to mo ·question¥ · will bo applied to other gentlemen. Mr. PAUL. \Vby, yes; with the greatest pleasure. The SPEAKER pro tempore. The Chair will endeavor to preserve Mr. ATHERTON. Let me ask tho gentleman whether that same order as it best em1. ;Smith was not a supervisor of tho election in South Carolina Y 1\ir. ATHERTON. I do not like a rnlc to apply to only one side Mr. PAUL. Yes. of tho House. Mr. ATHERTON. Anu one of tho fourteen witnesses in this The SPEAKER pro tempore. The gentleman fi·om Virginia bas the .·case-- floor and will proceed . Mr. PAUL. Certainly. Mr. PAUL. I have shown you the character ofthi witness, C. Mr. ATHERTON. On which tho mfljority of the committee rely Smith, and the question propounded by my friend from Ohio [Ur. for this report f ATHERTO:N] as to whether or not he was a witness for Mackey is no Mr. PAUL. Not at all. answer at all. I repeatittbat if this Smith was the witness on which Mr. MILLER. It does not depend upou his testimony in the this case resteuit ought to be and would be kicked out of this House. least. What is tho proof f Not only does he stand hero branded by tho con Mr. PAUL. I will say here that if this case ucpended upon Smith's testee in this case as au infamous character, a character covered testimony to establish Mackey's cl::tim to a seat in this House, I with disgrace, who should be pursued during his natural lifo with ·would be tho first man to kick it out. [Laughter and applause.] the sword of justice hanging over his head by a thread-- Mr. ATHERTON. I will say for tho benefit of the gentleman that 1\ir. D.A VIS, of l\-1issouri. Did not this man rewrite the muss of ho wa he first witness Mackey ever introduced into this case. this tostimonv i Mr. PAUL. Yes; and the more is tho pity he ever introuuccu The SPEAKER pro tempm·e. The gentleman from Virginia must him at all. That docs not wipe out the bribery; that does not wipe not be interrupted without his consent. ·Out the fact that Mr. Dibble comes here with the affidavit of a man 1\.ir. PAUL. Does that make him any more honest than if he had who be himself tells you was a bribe-taker and a thief in the South neverputpentopaped [Laughter.] Supposeherewrote it twenty ·Carolina Legislature, and who asks you on the testimony of that times and that tho testimony is carried baek as in this case to the .man to impugn the motives of the gentlemen who compose the Com witnesses after it is printed, ancl on its being read to them they say it mittee on Elections of this House1 and to send them forth to the is right, and you send. it back to the stenographer who took the tes country and to the world as indorsmg a forgery. Hero is what ~Mr . imony and he compares it with his notes and says that it is accurate, Dibble says about him; I quote from the report of a joint investi does it make any difference if it was rewritten twenty times, or gating committee .on public frauds made to the General .A.sserp.bly whether Smith or Satanhimselfrewroteitt [Laughter.] You have ·of South Carolina at its regular session of 1877-'78. Mr. Dibble, tho testimony of fourteen witnesses whose testimony tho stenogra as a member of that special committee, signed that report, and here pher who to.ok it down says that he has read over and compared with is what it says, and it is good reading. [Laughter.] Mr. Dibble his original stenographic notes and that it is correct. "But," says •estimated him correctly then; he knew whereof he spoke. Let the tho gentleman from Missouri, "the stenographer skipped about." If .American people listen to Mr. Dibble's estimate of his own wit he had not skipped about you would have saicl, ''Why, 1\ir. l\1ackey ness: ~ave him a list of just so many witnesses whose testimony he exam Your committee feel assm:ed that no language by way of comment woulu ndd metl, and there he stopped." If you were ~oing to examine and com .force to the simple statement -of facts att,ending this era of revelry embracing pee· pare the testimony of twenty or thirty witnesses with the original .ulation, embezzlement, and robberies of a character hitherto unknown in South notes, would you not skip about f Would not that be the way to get • Carolina. The perpetrators- the average conectness Y That is the course I shoulU pursue; and I And remember that this same C. Smith is one of them- think it is the course any man would pursue who was trying to in· The perpetrators are covered with infamy and ilisgrace, and should be pursued vestigate the correctness of testimony which bad been copied from .during their natural lives with the sword of justice hanging by a thread over original stenographic notes. their heads. But they say" this testimony bas been transcribed; you do not bring I think the sworu of justice ought to be taken down from that here tho original testimony as written out by Mr. Hogarth from his thread and applied to their necks. [Laughter.] notes." Well, as I said before, it makes no difference so that the Mr. ATHERTON. And that is tho man on whose testimony- testimony is correct. . ,.( Cries of" Ob!" "Ohl" .and laughter.] Mr. Speaker1 if you arc ~oing to pursue and make absolute every The SPEAKER p1·o tempore, [Mr. CROWLEY.] The gentleman from provision of the statute w1th reference to the taking of testimony, ..Ohio is not in order. then in any case you can unseat a fairly elected member of this Mr.PAUL. Iknowithurtsyou. [Laughter.] Iknowitisexceeu House or pro>ent such a one from being seated by technicalities. ingly disagreeable to have it go forth to the country that you have These statutes are directory. Theydirectwhat course to pursue with been standing here for ten ua.ys battling against the will of the regard to testimony. But suppose the parties make e mistake, sup majority of this House when they demanded a full discussion of this pose they vary from the directions of the statute, when you come to •question, and have been.seeking t() thwart the will oftbisHouse on look at the testimony and ascertain the one grand fact in the case, the testimony of a bribe-taker-- who was electeu, what is it to you whether the testimony came here :M:r. ATHERTON. And a bribe-taker whom: you used-[ cries of by express or by mail; whether it was put upon the express train ~'Order!" ''Order!"] by Hogarth or by Smith or by Mackey Y What you arc seeking is to The SPEAKER pro ternlJOI'e. Tho gentleman from Ohio is not in know who received the majority of the votes down in the second dis .order. trict of South Carolina. [Applause.] Mr. HOUSE. I call the other side of the House to order. If this '!'his case stan us in just this way: hel'e is a charge of fraud, nnd -ca.sc is to be argued properly and. the facts brought out, and not no testimony to sustain it-a charO'e that the records have been . attempted to be shouted .and clapped through, let us have a f:,tir and forged, altered, mutilated. I have s'.hown the character of the evi honest discussion of this question. uence on which this charge is made. If Mr. Dibble really believed Mr. REED. Tho other side ought to have the pri vilego of squirm that there had. been a forgery in this case, what was easier for him, .ing a little. [Laughter.] if be wished to sustain his ohar~e, than to summon from South Car bir. HOUSE. This is an American Congress, and not a town meet olina this man Hogarth with h1s original stenographic notes, and ing w hero meu undertake to shout their side of the case through. then take one of those stenogra.phers there at the desk and have the "Now let us have order. [Gr.eat laughter.] printed testimony compo.red with the original so as to show to the Tho SPEAKER pro tempm·e. The gentleman from Tennessee [Mr. House wJ1ere the frand bad been committed, where the forgery had :HoUSE] is not in order with his remarks. Tho gentleman from Vir been perpetrated, where the testimony had been mutilated l _, giilla [Mr. PAUL] has the floor, and the Chair feels bound to say to Mr. DIBBLE. I will ask the gentleman whether he does not the gentleman from Ohio [ Mr. ATHERTO:N ] that he is not entitled to know-- linterrupt the one speaking without his permission. Tho SPEAKER pro ternpo1·e. Does the gentleman from Virginia Mr. SPARKS. Jt.hns .been done all tho time. yield Y .4350 CONGRESSIONAL RECORD-EOUSE. MAY 30, :Mr. PAUL; Yes, sir. was received with laughter and derision. And I wish to tell you 1\Ir. DIBBLE. I will ask the gentlem::m from Virginia whether one thing before I forget it. The Readjuster flag when we unfurled he does not know that was exactly what I asked to have done; that it and :flung it to the breeze and began the movement of liberalism I asked the committee to examine the testimony of these witnesses we nailed to the mast-head anu put it there to stay. [Applause on in the manner the gentleman suggests Y the Republican side.] l\fr. DLACKBUUN said as follows: :Mr. PAUL. It is the first time I have ever heard of it. [Ap But whatever sins that party may have committed in that direction, and I doubt plause.] not that she is amenable to criticism, for no party is perfect, no party is absolutely Mr. DIBBLE. Then the gentlcmanhas not readmyoriginalpeti- pure, there is one consolation which evory Democrat recalls with constant and tion, because it says so in so many words. . abiding satisfaction. That is that there is one political de~radation to which tho Democratic party has never yet sunk. Sho novor did 0'0 into l ea~e with the fag. :Mr. PAUL. We have had this case before us from the very com ends of a Commonwealth's politics, without regard to antecedents or history, mencement of this Congress. It was the first case taken up by the gathering up the confederate and the Union elements, black spirits and gray, and Committee on Elections. We have been considering it now for six making a conglomeration like Hecate's hell-broth of "tongue of dog and toe of months. frog," and supplementing it with the dishonest repudiators of honest debts in order to gain ascendency in a Federal Congress. She never, by an open alliance Now, :Mr. Speaker, as I said before, there is nothing in this case, with repudiation, befouled the untarnished escutcheon of a proud olu Common there is nothing in this defense, and it is my humble judgment that wealth upon which during a century had been traced the story of a nation's glory. our friends on this side of the House would like very much to be [Applause on the Democratic side.) She never held power in either House out of the difficulty in which they h:1Ve gotten themselves. I do of the Federal Congress as ~e inevitaule product of such a foul anu unnatural not know under whose leadership they have been induced to take coalition. [Continued applause.] their present position. If it is under the leadership of these Northern Yot we gave Governor Cameron neadythirteon thousandmn.jority gentlemen, this is another case in which the Southern people have last fall! It only shows tile unboundeu profundity of some people's no reason to be grateful to them. [Laughter.] As usual in these want of the most general information. [Laughter.] contests the South is to be the sufferer. [Applause.] I have seen Did any of you gentlemen from North Carolina. applaud Y Diu any some of the love for the Southern people evinced on this floor by of you applaud from Georgia, although you cut your own debt down Northern Democratic leaders. I saw it illustrated by the distin from thirty millions to ten millions f Did any of you a.pplaud from guished leader from Indiana [:Mr. HOLMA....~] a few weeks ago. 'Vo 'Vest Virginia, that refused to pay a single dollar of the debtshe·hon had here a bill referring to the Court of Claims these thousands estly owes as contracted when she was a part of the State of Vir of claims in which Southern people are interested to the amount of ginia? hundreds of thousands of clollars, Southern people who were as loyal l\fr. Speaker, these constant assn.ults upon tile character of the Vir during the war as any in the North, and the gentleman from Indiana, giniaReadjusters are wrong, cruel, and whollyu'njustitiable, and I will a distmguished Democratic leader, stepped to the front with an allow no mn.n on this floor to constitute himself the guardian of Vir amendment providing that the law should not apply to any claim ginia's honor, or to assail the character or to reflect upon the hon which arose prior to 1866. esty or integrity of that people whom I hn.ve the honor to represent It is another instance of the advice of these gentlemen to the South on this :floor in part. The party which now controls her destinies ern people as they advised them before the war to secede, that they consists of men who hn.ve proved their devotion to her in war as were all coming down to help us :fight. [Laughter and applause.] well as in peace; they have the brain to govern that old Common They did come, but they came clothed in blue, under the Stars and wealth, and you may rely upon it they will hn.vo the necessarynerve Stripes, instead of marching in gray under the stars and bars. And and devotion to her honor and interests. [Appla,use on the Repub now the most exciting scenes I have witnessed on this floor are the lican side.] discussions between ~entlcmen who were civilians in war and are They are men who have shown their courage to be equal to every warriors in peace, " rnvisible in war, invincible iu peace," [laugh occasion; whose hearts have never quailed in the presence of any ter,] as to which party furnished the greater number of soldiers to foe. We are as devoted to the honor of our State as any other peo subjugate the South. [Laughter.] And I have seen old soldiers, ple. 'Ve love her with an afl;'ection second to none. 'Ve have bent sitting on either hand, smiling·as these carpet-knights told how other our energies to her development, anu the builuing up of her waste men fought desperate battles-old veterans from tlie North and South places; to the education of her children, w'hite and colored. \Ve who had fought more battles than all of these disputants put to are a party oflife and progress. We live not in tho dead past. We gether ever saw days of service on the tented :field. [Laughter.] live for the living and not for the dead; and we most honor the dead Now, 1\Ir. Speaker, I have presented the case on this one point. when we do good to the living. [Applause.] My friend from Pennsylvania [Mr. MILLER] discussed before the .A. distinguished gentleman from aneighborincr State, a short time House so fairly, so clearly, and so fully the fact-s and the merits of ago in the ~en ate of the Uniteu States, expresseJ: great apprehension this case that I think, with the presentation of the point I have en that the Republicn.n party, by indorsing tho liiJoral movement of deavored to make, this House will arrive at the conclusion that it is the Readjusters in Virginia, might· ultimately come to adopt the its high duty to give this man, the contestant in this case, his seat. policy of repudiating tile nationn.l debt. Mr. Speaker, the best evi I think I have a right to speak here for a free ballot and a fair and dence, if evidence is demanded, of the goou faith of tho Virginia honest count. I represent the party in Virginia that has shown to people as to the nn.tional uebt is the fact that they are willing to pay the country that it is always tile best policy to be honest with all dollar for dollar every cent that they honestly owe of their own ob men. ligations. Now, listen to what this distingll!sheu gentleman says. Mr. EVINS. What about the payment of tho public uebt Y I quote from the RECORD: Mr. PAUL. I am glad to hear 3·ou say that. South Carolina The public uebt, too, must be paid; and while the Senator from Vermont does taunting Virginia. with not paying Iler honest uebtsl [Ln.ugilter and not want it paid too saddenly, he yet wants cnoup:h taxation left 11 to show that applause on the Republican side.] I am glad of this occasion, and I our debt-paying policy is deep-rooted and unalterable." In the light of recent smcerely thank the gentleman from South Carolina for giving it to events, I admit that some assurance of that sort is a necessity. We have seen a. re•enue ofticial in Virginia but a year or so since threatened with instant dis 'me, and I shall at least strive to reply to the many charges I have missal from office on tho sus_ricion that he favoreu repudiation. Only last fall we ' heard made on this floor agn.inst Virginia and against the dominant saw tho indignant author ot that threat, the chief of the Internal-Revenue Bu party of thn.t State, that it is n. party composeu of repudiators. reau, take the Rtump in favor of the ticket which he suspected hi.s subordinates Mr. TILLMAN. Will the gentleman permit me to ask Ilim a of favoring and, it is said, levy large contributions for the campa1gn on Federal office-holders in Yiolation of law. .A.nu we saw tho whole power of the Adminis question Y tration, its influence and patronage, exerted in behalf of the "eliminators" ol 1r1r. P .A.UL. Certainly. the -public debt of that State. And we saw, also, a b1·ave and competent Union Mr. TILLMAN. Who repudiatcu tho d().bt of South Carolina f soldier,. with the scars of honorable battle on his body, summarily ejected from office, mough a Republican in his politics, to make room for one whose "debt Mr. PAUL. I do not know. paying policy" was not so "deep-rooted and unalterable!" Now, llr.President, Mr. TILLl\I.A.N. I will tell you. The Republican party; and we such things are well calculated to mako public creditors feel uneasy and require· are paying the debt as they validatcu it. Much of it, no doubt, is fresh assurances. The repudiation of State debts- fraudulent, but we are paying it. If any has been repudiateu the Republican party did it, and no Democrat had a hand ill it. Listen to this : Mr. PAUL. Have you put it back to where it was Y The repuiliation of State uebts is so close of kin to the repudiation of national debts that when the chief officials of the Government start m to help on the one :Mr. TILLMAN. We could not do so, because they have destroyed for the sake of a small party advantage a timid creditor may well be excused for or obscured the evidence. believing that they would as readily help on the other if the same t~mptat.ion was Mr. PAUL. The creditors have the evidence. They never lose presented. The principle being sUITendered1 the question of expediency becomes. their bonds. Just advertise for the creditors of South Carolina t-o the creature of occasion that lies in wait for 1t. come and bring their bonds, as you wantto pay your debt, and none Now let me show you the contrast between profession and per of them will be wanting. They will come quickly enough and thickly formance. The same gentlemn.n WI·ote to his own State Legislatur0· enough. [Laughter and appln.use on the Republican side.] this remarkable message, (message of Governor Vn.nce, January 9,. Mr. TILLMAN. The eviuence to support their claims woulu be 1870:] doctored like the testimony in this election cn.se hn.s been. [Applause PUBUC DEBT. on the Democratic side.] Besides, most of our debt was originally fraudulent, and was created by the Republican party. The public uebt, it will be seen- Mr. P .A. UL. The ~~ntleman from Kentucky [1\lr. BLACKBURN] has Listen to this gentleman, for I want to show you tho hypocrisy of· said something on this subject to which I wish to refer. Why, when the people who assail the Readjuster pn.rty in Virginia- some gentleman referred to tho gentleman from Texas [Mr. Jo~""ES] The puulic debt, it will be seen by the Treasurer's report, amounts to $16,960,045- a.nd to Mr. PACL as theReadjuster from Virginia, the announcement principal, and $10,:W0,182.25 interest. This is known as the recQ~ed de~ 1882. CONGRESSIONAL RECORD- HOUSE. 4351 No "carpet-bag" business about this. [Laughter.] Mr. PAUL. I wished to give those gentlemon the opportunity to· This is known as the recognizeu dobt as conrradistinguished from the special show their true standing before the financial world. tax. bonds. Mr. WHITE. Will the (J'entleman from Virginia yield to mo for a That being, I 11rcsume, tllo carpet-bag debt. moment Y My colleague [~Ir . CARLISLE] has stated that Kentucky has never repudiated a cent. I desire to reply to that. _ What shall be .A statement of the public debt of Virginia. Nature of debt. Interest. Principal. .JA..WARY 11 1861. Principal outstanding at this date: Bti~J£~:~e~aj~rf~e~~::~~;:a;:l~~~i~::: ~ ~ :_:_: ~: ::_:_:::: :_:_ :_:_:_:_~: ~ :_ :_:_:~:: :::::: :_ ::::: ::_:::: :_: :::::::::::: ~ ~ ~ ~:::: ~~:iii; fg~ ~~ Total principal ...... -... -- ...... $31, 800, 712 90 Interest: .1~~~~a~Ahfsccfalt~~ §~n~~. ~~~!:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: $~~~ ~~~ ~~ Total interest ...... -...... -...... $1, 045, 183 01 .JULY 1, 1863. , (The State of West Virginia was formally admitted into the Union .June 20, 1863. The property antl resources of Virginia., upon which tho abo~e debt has been founded, were by this partition of the old State reuuceu, more than one· third of her territory antl nearly one-third of her population goino- to form West Virginia. This and the consequences of war to her and her people made a loss of full $500,000,000 of property, andher taxable values were reducetl from $723,000,000 to $336,000,000, anu her annual re~enues from over $4,000,000 to $2,500,000.} • Principal .July 1, 1863: : ~t~fr~~~!~~\;!~~:~ ;e~e~e~~~~~::~~~~: ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::.::::::::::::: ~~; ~~~; ~fg ~~ Eonds issued since .January 1, 1861, in discharge of debts contracteu, and appropriations made prior to that date...... 1, 340, 500 20 Total principal .July 1, 1863 ...... 33, 141, 212 92 Interest .July 1, 1863: Past due .January!, 1861, anduncalledfor ...... $1,045183 01 .Accruetl between .Jannary 1, 1861, and .July 1, 1863, inclusi~e...... 4, 909; 53£ 07 Total interest to .July 1, 1863, inclusive...... 5, 9G4, 710 08 · Two-thirds of the above debt, princi1>al and interest, to this date is assumed as Virginia's equitable portion, in consiueration of the partition of her territory, population, and resources, upon the well-established prmciple that deut m suol.t cases follows tcnitory. Upon that basis, Virgima's portion of the debt of the entire State is: Principal: ~ ~;~~~~:~I Z§i~l~s~8i'2.~~~d~~:~~~t: ~ ·. ·. -. ~:: ~::: -. ·. ~ ~ ~ ~ ~ ~ ~ ~:: ~: ~ -.·_:::: ~: ~ -. -.::: ·_ ~: ~::: ~ ·.::: ~ ~ ~:::: ~:::::::::::::::::::: ~~: ~~~: ~g~ ~~ Total principal, two-thirds, to .T uly, 1803, inclusi>e ...... _...... 22, 0!>4, 141 96 Interest: · Two-thirds of $5,954,716.08, amount in arrears at that dato, inclusive ...... _... _...... $3, 000, 810 n .Less amount of interest paid by Virginia since .January 1, 1861, exclusi~ely out of re~enues of the present State of Virginia, the territory and resources of West Virginia being inaccessible during that period, and contributing nothing thereto ...... 3, 662, 434 55 Balance of interest due and unpaid .July 1, 1863, inclusi~e ...... 307, 376 17 .JULY 1, 1871. : Principal .July 1, 1863, in sterling bonds, as above ...... _...... ! ...... $1,315, 333 34 .. Principal .July 1, 1863, in dollar bonds, as above ...... $20, 778, 808 02 Less amount of dollar bonds redeemed between .T uly 1, 1863, and this date...... 3, 710, 449 67 Total dolla.r bonds ...... ·...... 17, 068, 358 95 18, 383, C92 29 :8~ ii:~~i~~~ft~~{~l::WYJi~~,~ ;~,i~·;t;·;::: .•; :; ;; ·;:~;: ::; :; ;·;;;.; ;: :; ;;:.:.;;;.:;; ;;: ;:; :::;: .. ;;; .. ·.~~i~. ;;· ...... ·j 10, 4!l9, 961 42 Less amountco~ering average time of the redemption of the $3,710,449.67 dollar bonds retleemetl...... $445, 257 58 .Less amount J>aid in money during that periou, .July 1, 1863, to .July 1, 1871, inclusive...... 3, 594, 289 11 .Total...... 4, 039,546 69 6, ~60, 414 73 So "Which add balance on account of interest to .July 1, 1863, as above ...... 307,376 17 Total interest to July 1, 1871 .•...... : ...... •• • . ~ . .. _.... _...... 6, 767, 790 90 Principal: .JULY 1, 1879. ~ Sterling bonds, as above ...... :. $1, 315, 333 34 Less bonds redeemed between .Tuly 1, 1871, and this uate ...... *42, 175 77 0 273 157 57 ·. DollarTbo~s~ ·as ·abo~e: :::::::::::::::::::::::::::::::::::::::::::::: ~ ::::::::::::::::::::::::::: :·. :: :: :*_$i7; o6s; a5s· 95 $l, ' ~ Less bonds retleemed between .July 1, 1871, untl this tlate...... *1,498, 482 35 Total...... -...... 1G, 569, 876 60 Total of both classes ofbonds ...... -- ...... -- ...... •...... _ 16,84!3, 034 17 Interest .from .July 1, 1871, to .July 1, 1879, inclusive: · On $1,315,333.34 sterling bonds, at 5 per cent., (eight years)...... $526, 133 34 · On $17, OG8, 358.95 dollar bonds, at 6 percent., (eight years)...... 7, 763,804 28 ------Total to .T uly 1, 1870 .. -••.... -...... •• . ..•.....•• . ..•.•...... •...... • $8, !:?80, 937 26 .JULY 1, 1882. ·: Interest on $1,273,157.57 sterling bonds, at 5 per cent., (three years)...... $180, 081 62 Interest on $15,569,876.00 dollar bontls, at 6 per cent., (three years)...... 2, 802, 578 79 Total from .July 1, 1879, to .July 1, 1882 ...... _...... _ 2, 983, 560 41 - 11, 273, 498 03 .Add interest accrue 0 ..l3nlan;e ~~ !~~~~stf~~--j~y· i;i882: ~ ~ ·. ::: :~ ~: ~:::: ::::::::::::::::::::::::::::::::::: :~ ::::::::::::::::::::::::::::::::. ~~: ~~: ~~~- ~~- 4, 192, 342 98 *Canceled by sinking fund comrnissioners.in December, 1879. 1882. CONGRESSIONAL RECORD-HOUSE. 4353 Statement of the public debt of Virginia-Continued. Nature of debt. Interest. Principal. I Total debt to July 1, 1882: $16, 843, 034 17 in~;~~t:\,:~b~~:~-::::::.:·:::::::.:·:::: :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: :::::::::::::::: 4, 192, 342 98 Total debt ... -- .. -.... ---- .. ------...... -...... -- ... -...... 21, 035, 377 15 [Including bonds held by the literary fund to the amount of $1,428,245.25, and interest on the same in arrears July 1, 1881, $516,32~.19, and interest added from that date to July 1, 1882, $85,694.71, making $602,016.90, included in the above sum of $4,192,342.98.) Referring to the principle heretofore announced as governing the States to take up the new interest and put it on the interest already division of public obligations when the territory on which the same compounded and on the principal, and issue new bonds for it f That were founded had been divided, it may not be inappropriate to give is what Virginia complains of. That is more than the United States tbe language of eminent authorities upon this subject. Our own bas ever done. United States Supreme Court, 12 Otto, 677, says, (referring to the Virginia is here now with a bill I have offered asking the United Virginia debt:) States Government. merely to pay her simple interest on a debt that :But as the whole State had created the indebtedness for which the bonds were she contracted in 1812 for money which she loaned to you to help to issued, and participat.eu in the benefits obtained by the money raised, it was but carry on the war of 1812. You would not pay us any interest on it. juRt that a portion of the indebtedness should bo assumed by that I?art which was G~neral Jackson in 1832 vetoed a bill which gave us that money taken from her (old Virginia) and made a new State, (West Yirgima.) With interest. Since that time you have changed your policy as to .And it says: paying debts. You nowpaysimpleinterest, andnotllingmore, where Writers on public law speak of the principle as well established that when a you borrow money. And if we bring in a little claim here from the State is divided into two or more States, in the adiustment of liabilities between South against you for taking some old lady's horse in 1863 worth only ~h~!.other the debts of the parent State should e ratably apportioned among $100, you do not pay her any interest, you pay only the hundred dol lars. Virginia does better. Precedents here abundantly sustain us. Also, that Halleck, speaking of a State divided into two or more The action of the fathers in Virginia and of the Republic comes to our districts and independent sovereignties, says : support. The .f:tthers in Virginia, in 1781, sca.led the public debt In that case the obligations which have accrueu to the whole before the divi down a thousand dollars for one. . sion are * * * ratably binding upon the different parts. ~m. JEFFERSO~ And this supremo judicial tribunal of our country for itself de in his celebrated letter from Paris to 1\Ir. Madison took the ground clares that: that one :EO'eneration had no right to IJind another with & public debt; This ;principle (the public obligations are to be ratably divided according to that the ord gave the earth to the living and not to the dead, and the diVlsion of territory) is estabhshed by the concurrent opinionsoftextwriters, that each genemtion as it came upon the earth had a right to receive the decisions of courts, and the practice of nations- it free and unencumbered, as the preceding genemtion ba.d received And, moreover, the Supreme Court says : it. But I must hurry on. If a nation be divicled into various distinct societies the obligations which had Many MEMBERS. Go on. accrued to the whole before the divison are * * * ratably binding upon the Mr. ATHERTON. I am glad to see that the Republicans indorse different parts. you. It is true that there have been repeated efforts at settlement on 1\Ir. PAUL. I would as lief have the indorsement of an honest the part of the self-styled debt-payers of Virginia of this grave and Republican as that of a dishonest Bourbon. [Great laughter.] vital question, of concern no less to her and the honest purpose of Mr. ATHERTON. They happen to have the post-offices now; her people t.han of interest to her bona fide creditors, but in no in perhaps that may account for it. stance have they been governed by any consideration or pursuit of 1\Ir. PAUL. That is a poor way to answer an argument ; and I am this question which could possibly lead to a correct ascertainment sure the gentleman did not mean to intimate- of the debt and a definite assertion of Virginia's equitable share Mr. ATHERTON. I wish to withdraw what I said. thereof. Nor does there appear in any of the measures which have 1\Ir. PAUL. And I withdraw what I said of you. [Laughter.] been thus and by this party undertaken a purpose to do more than I have shown you the views of .Mr. Jefterson. Now, sir, what were issue new promises for past undetermined obligations without regard those of Mr. Madison with rega,rd to the revolutionary debt when be to their amount, without reg:ud to the capabilities of the State. All oft'ered in Congress that resolution, for which he fought for weeks, to of these measures have been inspired and promoted by and in the pay to the holders of the bonds just what they had paid for them interest of brokers. The measure of legislative sn.nction they pro with simple interest on the amount? And that statesman wrote back cured by means and methods sufficient to vitiate whatever form of to Virgillia with a sad heart to his friends that his resolution had contract followed. And nothing is so well understood in the history failed because of the lobbyists-the same class of people who lobiJied of our State as the circumstances attending the legislation in this through these iniquitous measures in the State of Virginia-the same respect. carrion-crow crowd that you see around these corridors all the ses Now, is there a1iy man on this floor! a.ny Representative here, who sion. Men of this character were here in Mr. Madison's day, as they would demand that his own State should do more f What is the are here now, flimsily garbed as "attorneys." They are down in repudiation about which these gentlemen compla.in f Where is itf Virginia and have been there ever since the war. You will always Let me tell you. It lies in this: after tho war, a Le~islature, act :find them where there is a treasury to be robbed. or a. poor commu ing without any authority under the Constitution, and which had nity or State to be plucked and plundered. What precedent bas no chart by which to be governed, (for subsequently Congress recog Texas furnished in regard to the deht which she had incurred as a nized Virginia not as a State, but as a military district, No. 1,) under republic T She paifl just what the holders had given for it, and took to deal with this question, and gather up all the interest accru assigned to it a specie value. ing during the war, and compound it, and so it went on until 1871. 1\Ir. Speaker, I have been led into this discussion by the remarks Then came a set of brokers and lobbyists, and lobbied through the of gentlemen who evidently do nQt understand the situa,tion of a.f Legislature, with bribery and corruption, as is known to every intel fairs in Virginia. I had no desire to engage in this discufSsion; but ligent mau in Virginia, another bill, recompounding the interest on I have presented to you tho facts in the case. I think it can safely that which bad been once compounded and which had accrued dur be said that Virginia stanus to-day where she has always stood, as ing the period of reconstruction. Now, we say that this is n cruel high as any other State in this Union. burden which ought not to be placed on Oll!' people, in view of our Dut, sir, after all, these assaults losses, and in view of the fact that he who takea a public obligation UPO~ TilE IXTEGRITY OF TilE llEADJUSTEUS' OF VIRGTh"IA takes it based upon the presum_ed continued ~bility of a State to pay. in their treatment of tbe State debt are as insincere as they arc We saythat when we have pa1d our two-thirds of the deiJt and sim groundless. To t,be gentlemen from the repndiatiug StateR Routh of ple interest thereon we have done our full duty. Vir~inia I commend more careful-reading of the financial history of Suppose there should be a war in which tho United States should the1r own States. From my colleagues from my own State I invite be engaged for :five years, and suppnse tho General G~vernment was discussion of the attitudes of our respective parties with refer·enco to not able to pay interest on its bonds for tho~e :five years, would any the question of the State debt. If my position cannot be success gentleman upon this floor say that when those :five years were passed fully challenged, then ViTginia demands that they unite with me and the United States had been devasta.ted as Virginia was-as tbis here in repelling the slanders of her accusers. Of course they will country never can be-it would be right for you to compound the not join rue in that worthy cause, because, like their Bourbon accrued interest on your United States bonds and make your people associates, they are interested in covering the cau o of readjust pay interest on that new principal f I would like to see how many ment with all possible obloquy. Like Bourbons everywhere, they of you would come back here after you gave such a vote as that. hate the liberalism, the Americanism, that readjustment symbolizes Suppose after :five years more you were not able to pay the interest. in Virginia. For fifty years politicians in the South have lived ·would you say that it was right for the Congress of the United upon the sectionalism which was the bane of the politics of that XIII-273 . 4354 CONGRESSIONAL RECORD-HOUSE. MAY 30, unhappy section; and to-clay, notwithstanding the fruits visible brother Representatives from the South, that if they will but follow everywhere of the curse of sectional politics, there are politicians our example in Virginia, do full and complete justice to the colored still willing to live by inflaming the passions born of a dead and voter and citizen, step boldly to the front and declare, not on paper buried past. They will curse us because ~c are the champions of a but in practice, that he shall freely deposit his ballot and have tho nationalism and an Americanism among aJl our people that will same honestly counted, they will remove all ground for the accusa leave them without an occupation. I do not exaggerate the bitter tions daily hurled against our noble section of tho Union-accusa ness and the cruelty with which Rcadjustcrs arc assailed by the tions to which our people are justly sensitive, and have no founda organs aud the orators of a dying faction; a faction growing every tion in the temper and will of the masses of the Southern people. day more desperate as it discovers the hopelessness of its :fight with Then the myth of negro domination will disappear and will be lost the humane and beneficent influences of tlle times we live in. in the sense of jul:ltice common to all mankind. Our experience in Here is the spirit in which the Virginia shows that our colored people are keenly alive t<> injustice LlliERALS OF VIROL'\"l.A and wrong, and quickly responsive to efforts in their behalf for the · were fought in tb e campaign of last year, and in which they will be full, just, and complete vindication of their rights and citizenship. fought ~ain tluring t?e canvass just ahead o~ us. I read frerraised such an issue, but ha.Ye always been willing to bear There was no objection. the burdens necessary t-o pay every dollnr that tlleir State justly Leave of absence, by unanimous consent, was granted in tho follow owes, and t<> meet tho full responsibilities of their citizenship. ing cases: I DJ..VR NO S'Dfi'ATllY To Mr. ScOVILLE, for four days, on account of important business. with this unceasin~ and senseless abuse of the colored people of my To l\:lr. GARRISON, until Friday next, on account of important busi State and of the boutb. I' say it with profound respect for my ness. / 1882. CONGRESSIONAL RECORD-HOUSE. 4355 Mr. SPARKS. Mr. Speaker, is there a rule of the House or an Mr. ATHERTON. The gentleman from India:qa has demonstrated order t h at at :five o'clock a recess must _be taken Y his ability and power to control the attendance, at all events, of his The SPEAKER. 'fhere is. side of the House without any assistance from this; and it would Mr. SPARKS. Prior to which, therefore, I move that the House have been just as eo,syto have done it in the morning as he did yes adjourn. terday. Mr. CALKINS. My motion is to take a recess at five o'clock. 1\Ir. CALKINS. I repeat, I appreciate tho situation we are in, and The SPEAKER. The gentleman from Ohio is 'recognized as occu I know the gentleman will excuse me from a(l'reeing to any further pying t he floor. Does the gentleman from Ohio yield to the gentle postppnement. I knowhewillnotlay thefa~tto me for being com man from Illinois to make a motion 'I If so, the Chair will put it to pelled to go on to-night; and I o.ppreciate as much as he does the the House. difficulty under which he labors. But it is something for which I Mr. ATHERTON. I will yield to anybody to make any motion of am not to blame, and which cannot now be helped. · anv kind. [Laughter.] 1\ir. ATHERTON. \Yell, my colleague on the committee of course iir. SPARKS. Then I make the motion that the House do now will bear me out in saying-- adjourn. 1\Ir. McKINLEY. I call for the regular order. Mr. MILLER. The other side will come to no agreement, and we Mr. ATllERTON. Very well, then I move that the House take a. will go right along. recess until ten o'clock to-morrow morning. The House refused to adjourn. The House di,vided; and there were-ayes 17, noes 51. Mr. MOULTON. Let us take a recess. Mr. ATHERTON. No quorum has voted. Mr. ATHERTON. l do not desire to go on for the two minutes The SPEAKER. The Chair will appoint tellers. left before the recess hour. ' Mr. ATHERTON and Mr. CALKINS were appointed tellers. Mr. McCOID. I ask by lmanimous consent to submit a report. The House again divided; and the tellers reported ayes 15, noes 96. :Mr. RANDALL. I object. Mr. ATHERTON. No quorum. Mr. HA'\VK. I have a report to make. Mr. CALKINS. I now move that there be a call of the House. The SPEAKER. Objection is made. The motion was agreed to. Mr. CALKINS. That the House may understand thoroughly the The Clerk proceeded to call the roll. After the :first call had been condition in which we are, I wish to state that, under a prior order, completed, the House at :five o'clock will take a recess without further action. The SPEAKER. The Clerk will call again the names of those Tho SPEAKER. That is correct. members who failed to answer on the :first call. Mr. CALKINS. This being one of the nights on which an even- 1\Ir. CALKINS. May I ask, Mr. Speaker, if a quorum is present t ing session was provided to be held. The SPEAKER. One hundred and thirty members have answered 'fhe SPEAKER. The Clerk will read the resolution. to their names; not a quorum. The resolution was read, as follows : The Clerk resumed and concluded the call. The following is the Resolved, That on Tuesdays and Thursdays the House at five o'clock in the list of members who failed to answer to their names: afternoon, without further order, will take a recess until eight o'clock in the even· .Armfield, Deerin~, Kelley, Robiuson,Wm. E. ing of the same day. Barbour, Dezendorf, Kenna, Rosecrans, Barr, Dibrell, lung, Ross, Mr. CALKINS. That is a continuing order of the House. Bayne, Dowd, Klotz, Scoville, The SPEAKER. It is; and at :five o clock the House will go into Beach, Du~o, Knott, Scranton, recess. Belford, Ellis. Lacey, Shackelford, Mr. MILLER. I wish to make an inquiry-- Belmont, Errett, Latham, Shelley, Beltzhoover, Farwell, Chas. B. Leedom, Singleton, Jas.W. 1\ir. CALKINS. Inasmuch as it seems that it is· impossible for our Bingham, Farwell, Sewell S. LeFevre, Singleton, Otho R. friends on the other side to come to any understanding in reference Black, Finley, Lindsey, SIDlth, J. Hyatt to this debate, I now feelit to be my duty to say that to-morrow after Blackburn, Fisher, Manning, Sparks, noon at :five o'clock I shall feel compelled to call the previous ques- Blanchard, Flower, Marsh, Speer, Bland, Frost, Mason, Springer, tion. · Bliss, Fnlk:erson, Matson, Stephens, Several MEMBERS. Say two. Bowman, Garrison, McCook, Stone, 1\!r. CALKINS. If anybody wants to call the previous question Bragg, Geddes, McKenzie, Talbott, · .Browne, George, McLane, Taylor, before that time he can do so. Buck, Gibson, :Mills, Townsend, Amos· 1\ir. RANDALL. The judgment is made up, and you might as well Buckner, Grout, Money, Townshend,W. R. execute it. Burrows, Jos. H. Gunter, Morse, Tucker, Mr. ·wiLLIS. It is a waste of time, and you might as well do it Caldwellii Hammond, N.H. Mosgrove, Urner, Campbe , Hardy, Muldrow, Valentine, - - · now. [Cries of '' Regular order I "l Candler, Harmer, Murch, Vance, The SPEAKER. In pursuance of the order of the House, the Chair Cassidy, Harris, H enry S. Mutchler, Wadsworth, now declares the House in recess until eight o'clock this evening. Chapman, Haskell, Neal, ,Wait, And thereupon (at :five o'clock p . m.) the House took a recess until Clardy, Heilman, Holan, Walker, Cobb Herbert, Orth, Washburn, eight o'clock p. m. Colerick, Hewitt, Abram S. r age, Watson, Cook, Hoblitzell, Phelps, Whitthorne, Cox, Samuel S. lloge, Phister, Willis, EVENzyG SESSION. Cox1 William R. Hooker, Rice, .r ohn B. Wilson, The r ecess having expired, the House, at eight o'clockp. m.,resumed Covmgton, Hutchins, Rice, Theron M. Wise, Morgan R. , Crapo, .r orgensen, Richardson, J. S. Wood, Ben.iamin it s session. Curtin, Joyce, Ritchie, Wood, Walter .A. CO~TESTED ELECTION-1\I.ACKEY VS. DIBBLE. Davidson, Kasson, Robeson, Young. The. SPEAKER. Tbe regular order of business is the further con 1\ir. CALKINS. May I be permitted to ask if a quorum have an sideration of the contested-election case. The gentleman from Ohio swered to their names Y is recognized. The SPEAKER. Just a quorum. 1\fr. ATHERTON. 1\fr. Speaker before proceeding to any discus Mr. CALIUNS. A .quorum having answered to their names, I de sion or investigation of the case now before us, I would like to ap sire to know if the f£~ntleman from Ohio is now ready to proceed - peal to gentlemen on the other side as to whether they will expect with his argument. 1t so I will move to dispense with all further me to go on with an argument on this question when there are so proceedings under tbe call. few members, evidently not a quorum, present. Mr. ATHERTON. Not till the pending motion for a recess is dis Mr. REED. 'fhere will soon be an audience in attendance. posed of. If further proceedings under tne call are dispensed with, Mr. CALKINS. All I have to say is, of course, that I understand that motion will then recur. v ery well how a gentleman dislikes to speak to as thin a House as Mr. CALKINS. I supposed the gentleman would withdraw that this; but my colleo.gue on the committee will bear me out in say motion. ing that I am certainly not to be blamedforhaving forced thisnight Mr. REED. There is a fair audience to bear the gentleman. session. I therefore respectfully ask th~t the discussion continue at 1\ir. ATHERTON. I cannot withdraw the motion without the con this time. I think he will very soon :find a quorum of the House sent of our side. I am not authorized now to withdraw it. will be present. l\1r. REED. Will the gentleman from Ohio inform us who is doing 1\fr. ATHERTON. I do not like to go on unless I am.compelled to; his authorization, who authorizes biro to do things Y and if there has been no arrangement which will enable me to post Tbe SPEAKER. That is not a parliamentary inquiry. pone myremarks until the House is full, whylmust make some such l\fr. REED. It is not a parliamentary inquiry; it is a business one. motion os will secure tho attendance of a sufficient number of mem Mr. HAZELTON. It is a fair personal inquiry. • bers to make a quorum at all events. The SPEAKER. The absentees will be notedi the doors will be Mr. CALKINS. I repeat, the gentleman from Ohio will beax me closed in accordance with the rules, and the lJlerk will call the out in tbe statement that I have not sought this evening session. names of absentees for excuses. This side of the House is being compelled, some of them, to remain, Mr. REED. If the gentleman from Ohio withdraws his proposi at great personal inconveniencehand it seems to be an absolute neces tion, some gentleman on our side will address the audience. sity that they shall remain. I ave no discretion in the matter my 1\fr. ATHERTON. I would like very much to do i't; but I do not self, and while I appreciate the condition the gentleman is in, still! want any gentleman to address the audience unless there is a quorum desire that the debate shall proceed to-night. present. 4356 CONGRESSIONAL RECORD-HOUSE. MAY 30, Mr. REED. Ther;e is a quorum now presen•. Mr. LACEY. No excuse offered. :Air. 11fORRISON. Let u.s have the balance here. Let us have a 1\Ir. LATIIAlll. Absent on leave. fair count. Mr. LEFEVRE. No excuse offered. The SPEAKER. The Clerk will now call the names of absentees Mr. LINDSEY. Absent on leave. for excuses. 1\fr. MANNING. No excuse offered. The Clerk read the names, as follows: 1\Ir. MA.RSH. No excuse offered. Mr. ARMFIELD. No excuse offered. !t.fr. 1\iAsox. No excuse offered. Mr. BARBOUR. No excuse offered. Mr. MATSON. No excuse offered. Mr. BARR. No excuse offered. :1\Ir. McCooK. No excuse offered. Mr. BA~""E. No excuse offered. :1\Ir. McKENZIE. No excuse offered. Mr. BEACH. No excuse offered. Mr. McLANE. No excuse offered. :Mr. BELFORD. No excuse offered. Mr. MILLS. No excuse offered. Mr. BELliiOXT. No excuse offered. Mr. MONEY. No excuse offered. Mr. BELTZHOOVER. No excuse offered. Mr. MoRSE. No excuse offered. Mr. BINGIIAM. No excuse offered. Mr. 1\fosGROVE. No excuse offered. Mr. BLACK. Absent on len.ve. Mr. MULDROW. No excuse offered. Mr. BLA.CKBUIL.~. No excuse offered. Mr. Mu:Rcn. No excuse offered. Mr. Br..u;CHARD. No excuse offered. Mr. MUTCIILER. No excuse offered. Mr. BLA.J\"'D. No excuse offered. Mr. NEAL. No excuse offered. Mr. BLISS. No excuse offered. Mr. NoLAN. No excuse offered. 1\fr. BowMAN. No excuse offered. Mr. ORTH. No excuse offered. Mr. BRAGG. No excuse offered. 1\1r. PAGE. No excuse offered. Mr. BRO~"E. No excuse offered. Mr. PHELPS. No excuse offered. Mr. BucK. No excuse offered. Mr. PHISTER. No excuse offered. Mr. Bucrn;'ER. No excuse offered. Mr. RICE, of Ohio. No excuse offered. Mr. BcnRows, of Missouri. No excuse offered. Mr. RICE, of Missouri. No excuse offered. ~lr. CALDWELL. No excuse offered. :1\Ir. RICIIARDSON, of South Carolina. Mr. CAlllPBELL. No excuse offered. Mr. AIKEN. My colleague, 1\Ir. RICHARDSON, has been so unwell 1\!r. CA.J\"'DLER. No excuse offered. of late that he has just been able to attend the day sessions of the Mr. CASSIDY. No excuse offered. House. I ask that he be excused from attendance this evening. Mr. CHA.PM.A....~. No excuse offered. There was no objection. 1\Ir. CLARDY. No excuse offered. Mr. RITCmE. No excuse offeted. 1\Ir. Conn. No excuse offered. Mr. ROBESON. No excuse offered. Mr. COLElUCK. No excuse offered. Mr. ROBINSON, of New York. No excuse offered. Mr. CooK. No excuse offered. Mr. RosECRANS. No excuse offered. 1\1r. Cox, ofNew York. No excuse offered. Mr. Ross. No excuse offered. Mr. Cox, of North Carolina. No excuse offered. Mr. ScoVILLE. Absent on leave. Mr. CoviNGTON. No excuse offered. Mr. SCRANTON. No excuse offered. Mr. CRAPO. No excuse offered. Mr. SHACKELFORD. No excuse offered. 1\1r. CURTL.~. No excuse offered. Mr. SHELLEY. Absent on leave. Mr. DAVIDSON. No excuse offered. :Mr. SINGLETO"X, of Mississippi. Absent on leave. Mr. DEERING. No excuse offered. Mr. SL~GLETON, of Illinois. No excuse offered. 1\Ir. DEZEJ\"'DORF. No excuse offered. :Mr. SMITH, of New York. No excuse offered. Mr. DIBRELL. Absent on leave. Mr. SPARKS. No excuse offered. Mr. Down. No excuse offered. Mr. SPEER. No excuse offered. Mr. DuGRO. No excuse offered. :1\fr. SPRINGER. No excuse offered. 1\fr. ELLLS. No excuse offered. :Mr. STEPHENS. No excuse offered. 1\!r. ERRETT. No excuse offered. J).fr. STONE. No excuse offered. Mr. FARWELL, of Illinois. No excuse offered. Mr. TALBOTT. No excuse offered. Mr. J...,ARWELL, of Iowa. No excuse offered. lfr. TAYLOR. No excuse offered. 1\Ir. FTh'LEY. No excuse offered. Mr. TowNSIIEND, of lllinois. Absent on leave. Mr. FISIIER. No excuse offered. Mr. TucKER. No excuse offered. Mr. FLOWER. No excuse offered. Mr. Urum&. No excuse offered. ~lr. FROST. No excuse offered. · :1\Ir. V ALE..."'ITINE. Absent on leave. Mr. FULKERSON. Mr. VANCE. ~lr. FULKERSON. I am present. 1\fr. VANCE. I am present. I ask to be excused for failing to The SPEAKER. The gentleman from Virginia. [Mr. FULKERSON] answer on this call. is present, and asks to be excused. There was no objection. There was no objection. 1\Ir. \V.ADSWORTII. No excuse offered. Mr. GARRISON. Absent on lea--ve. Mr. WAIT. No excuse offered. 1\lr. GEDDES. No excuse offered. 1\Ir. W .ALKER. No excuse offered. 1\!r. GEORGE. No excuse offered. Mr. \VATSON. 1\lr. GmsoN. No excuse offered. Mr. WATSON. I am present. I have just come into the Hall, and 1\Ir. GROUT. No excuse offered. ask to be excused for not being present when my name was called. 1\lr. GUNTER. No excuse offered. There was no objection. 1\lr. JlA.:\uroND, of Georgia. No excuse offered. :1\ir. \VHITTIIOru-1':. Mr. HARDY. No excuse offered. 1\fr. WHITTHORNE. I am present, and ask to be excused for not Mr. HA.n:<\IER. No excuse offered. being here when my name was called. 1\Ir. HAnms, of New Jersey. No excuse offered. There was no objection. Mr. HAsKELL. No excuse offered. Mr. WILLIS. No excuse offered. Mr. HEIUI.A....~. No excuse offered. Mr. WILSON. No excuse offered. Mr. HERBERT. Mr. \VISE, ofPennsylvania. No excuse offered. Mr. HERBERT. I am present. Mr. DENJ.A:\IL.'l" \VooD. No excuse offered. The SPEAKER. The gentleman from Alabama [Mr. HERBERT] Mr. \VALTER A. WooD. No excuse offered. asks to !Je excused. M.r. YOUNG. Ne excuse offered. There was no objection. The SPEAKER. Tho reading of the names of absent members for 1\Ir. HEWITT, of New York. No excuse offered. excuses has beou concluded. Mr. liOBLITZELL. No excuse offered. Mr. CA.::\IP. I ask that my colleague, Mr. }1ASON1 who has been Mr. HOGE. :No excuse offered. ill for some time past, may be excused from attendance at the ses :1\lr. HoOKER. No excuse offered. sion of the House this evening. 1\lr. HUTCIIL,s. •No excuse ofl:'ered. There was no objection. Mr. JORGEXSEX. No excuse offered. Mr. ·wHITE. My colleague, Mr. McKENZIE, has been ill for some ~lr. JoYCE. No excuse o1iered. time, and I ask that he be excused for this evening. Mr. .KASSON. No excuse offered. There was no objection. Mr. KELLEY. No excuse offered. Mr. PRESCOTT. I ask that the ~entleman from Pennsylvania, 1\fr. KENNA. No excuse offered. 1\fr. ERRETT, !Je excused for this evenmg . .Mr. KL"iG. No excuse o1l"ered. There was no o"hjection. lli. KLoTZ. No excuse offered. Mr. CALKINS. I move the adoption of the resolution which I Mr. K..""oTT. No excuse offered. send to the Clerk's desk. 1882. CONGRESSIONAL RECORD-SENATE. 4357 The Clerk read as follows : Hewitt, G. W. Mason, Richardson, Jno. S. Thomp;on, P. B. Hoblitzell, Matson, Ritchie, Tillman, .Resolved, That the Sergeant-at-Arms be directed to take into custody and bring lloge, McCook, Robertson, Townshend, R. W. to the bar of this House such of its members as are absent without its leave. Holman, McKenzie, Robeson, Tucker, Hooker, McLane, Robinson, Wm. E. Turner, Henry G. The resolution was adopted. House, McMillin, Rosecrans, Turner, Oscar 1\ir. BUCK. I ask to be excused for being absent at tho time the Hutchins, Mills, Ross, Upson, roll was called. I was here before the resolution of the gentleman Jones, James K. Money, Scales, Valentine, from Indiana [l\fr. CALKINS] was adopted. Jorgensen, Morrison, Scoville, Vance, Joyce, Morse, Scranton, Wadsworth, There was no objection. Kasson, Mosgrove, Shackelford, \Vait, 1\ir. MUTCHLER. I came into the Hall just before the resolution Kelley, Moulton, Shelley, Walker, was adopted. I was a little late, and I ask to be excused. Kenna, Muldrow, Simonton, Warner, There was no objection. King, Murch Singleton, Jas. W. WaRhburn, Klotz, Mut{)hler, Singleton, Otho R. Wellborn, :Mr. RICE, of Ohio. I ask to be excused for not being present Knott, Neal, Sm1th, A. Herr \Vheeler, when my name was called. Lacey, Nolan, Smith, J. Hyatt \Vbitthorne, There was no objection. Ladd, Oates, Sparks, Williams, Thomas 1\.ir. FROST. I arrived here before the resolution was adopted Latham, Orth, Speer, Willis, Leedom, Page, Springer, Wilson, directing the Sergeant-at-Arms to go for absent members. I came Le Fevre, Phelps, Stephens, . Wise, George D. here voluntarily, hearing that there was a call of the House. I ask Lindsey, Phister, Stockslager, Wise. Morgan R. to be excused. Manning, Randall, Stone, Wood, llen)amin There was no objection. Marsh, Reagan, Talbott, 'Vood, \Valter A. Mr. BELFORD. I was not aware that there was to be a session Martin, Rice, Theron M. Taylor, Young. of the House to-night. As soon as I learned that there was to be The SPEAKER. On this question the yeas are 93, the nays 14. one I came here and reported for duty. Mr. McMILLIN. No quorum. [Derisive laughter on the Repub 1tfr. ANDERSON. · I move that the gentleman bo excused. lican side.] There was no objection. 1\fr. CALKINS. Owing to the condition of affau·s in which we 1\fr. URNER. I was detained a little while this evening and did find ourselves to-night, having expected debate and having given not get here until just after my name was called. I ask to bo excused. notice that I would call the previous question to-morrow at five There was no objection. o'clock, I desire now in fairness to state that I withdraw the notice 1\lr. BLAND. I was unavoidably detained for a few moments. I as to five o'clock, and shall call the previous question at an earlier ask to be excused on this call. hour. [Members on the Democratic side, "Call it now!"] · There was no objection. Mr. CALKINS. If this matter pinches somewhere it is not the Mr. MONEY. I have comeinheresince the call of the roll. !did fault of this side. not know that the House had ordered a call. I ask to be excused. 1\lr. RANDALL. Oh, we havo passed the pinch. There was no objection. Mr. REED. But yo"Q. are still groaninK under it. 1\ir. CALKINS. Mr. Speaker, I move to dispense with all further Mr. CALKINS. I now move tliat the House adjourn. proceedings under the call. 1t1r. PARKER. Pending that motion., I ask the privilege of print The motion was agreed to. ing in the RECORD some remarks upon the subject now under con 1\lr. ATHERTON. The question now recurs on my motion. sideration. Mr. CALKINS. The question now recurs on the gentleman's mo The SPEAKER. Is there objection T The Chair hears none. [See tion. Appendix.) The SPEAKER. The question recurs upon the motion of the gen The motion ofltlr. CALKINs, that the House adjourn, was agreed to; tleman from Ohio, that the House take a recess until ten o'clock to and accordingly (at nine o'clock and forty minutes p.m.) the House morrow morning. [Cries of" Question I" "Question!"] adjourned. 1\ir. CALKINS. I call for the yeas and nays. The yeas and nays were ordered. The question was taken; and there were-yeas 93, nays 14, not voting 184; as follows: YEAS-93. SENATE. Aldrich, Harris, Benj. W. Moore, Sherwin, Brewer, Haseltine, Morey, Shultz, WEDNESJ?AY, ]Jfay 31, 1882. Briggs, Hawk, Norcross, Smith~ Dietrich C. Brumm, Hazelton, O'Neill, Spanluing, Prayer by the Chapla.in, Rev. J. J. BULLOCK, D. D. Buck, Henderson, Pacheco, Spooner, The Journal of the proceedings of 1\fonday last was read and a p Calkins ~iflburn, Parker, Steele, proved. Campbell, I Paul, Strait, Cannon, IIorr, Payson, Thomas, PETITIONS AND MEMORIALS. Carpenter, Houk, Peelle, Thompson, Wm. G. 1\Ir. BROWN. I present a joint resolution passed by the General Caswell, Hubbell, Peirce, Townsend Amos Chace, Hubbs, Pettibone, Tyler, Assembly of the State of Georgia ou the 28th of September, 1881, Cornell, Humphrey, Pound, Updegraff, J. T. and as the joint resolution is very short I ask that it be read. Cullen, Jacobs, Prescott, Updegrafi', Thomas The resolution was read, and referred to the Committee on Com Cutts, Jadwin Ranney, Van Aernam, Davis, George R. Jones, George W. Reed, Van Horn, merce, as follows : Dawes, Jones, Phineas Rice, Jolm B. Ward, Resolution requesting Congressmen from Georgia to endeavor to secure appro· . De Motte, Ketcham; Rice, William \V. Watson, priations for the rivers of Georgia. . Dingley, Lewis, Rich, West, Whereas t4e opening of all rivers in this State rendered navigable by nature is Dunnell, Lord, Richardson,.~. D.P. White, Dwight, Lynch, Robinson, ueo. D. Williams, Chas. G. a question of great State as well as national importance. GodShalk, McClure, Robinson, Jas. S. Willits. \Vhereas the small sums heretofore appropriated by the N"ational Government Guenther, McCoid, Russell, in furtherance of this object are wholly mad equate to the purpose: Hall, Miles, Ryan, Be it therefore resolved b?; the senate and house of representatives, That our Sen· Hammond, John Miller, Shallenberger, ators and Representatives m Congress be earnestly requested to use their utmost diligence in procuring such appropriations as will render our rivers navigable. NAYS-14. Be it further resolved, That his excellency the governor be requested to for· ward to our delegation in Congress a copy of this preamble and resolutions . .Anderson, Camp, McKinley, Van Voorhis, Approved September 28, 1881. Belford, Crowley, Ray, Webber. Burrows, Julius C. Hardenbergh, Skinner, 1t1r. MITCHELL presented the memorial of Gregg Po t, Grand Butterworth, Hiscock, Urner, Army of the Republic, of Bellefonte, Pennsylvania, in favor of the NOT VOTING-184. bill increasing the pensions of certain soldiers who have lost a leg or Aiken, Buchanan, Culberson, Flower, an arm, or suffered an equivalent disability thereto, to $40 a month; Armfield, Buckner, Curtin, Ford, which was referred to the Committee on Pensions. Atherton, Burrows, Jos. H. Darrall, Forney, He also presented the petition of Richard Rahrer and others, late Atkins, Cabell, Davidson, Frost, Barbour, Caldwell, Davis, Lowndes H. Fulkerson, Union soldiers of Pennsylvania, praying for the establishment of a Barr, Candler, Deering, Garrison, soldiers' home at Erie, Pennsylvania; which was referred to the Bayne, Carlisle, Deuster, Geddes, Committee on Military .Affairs. Beach, Cassidy, Dezendorf, George, 1t1r. COCKRELL presented the petition of Captain William W. Belmont, Chapman, Dibble, Gibson, Beltzboover, Clardy, Dibrell, Grout, Ivory, late of Company H, First Nebraska Volunteer Cavalry, pray Berry, Clark, Dowd, Gunter, ing to be reimbursed for moneys expended in recruiting, for loss Bingham, Clements, Dugro, Hammond, N. J. of horses, &c.; which was referred to the Committee on Military Black Cobb. Dunn, Hardy, Blackburn, Colerick, Ellis, llarmer, Affairs. Blanchard, Converse, Ermentrout, Harris • Henry S. :Mr. MILLER, of California. I present a joint memorial of the Bland, Cook, Errett, Haskell,1 Portland (Oregon) Board of Trade, the Los Angeles (California) Cham Bliss, Cox, Samuel S. Evins, Hatch, ber of Commerce and the Board of Trade of San Francisco, in favor Blount, Cox, William R. Farwell, Chas. B. Heilman, of the passage of a bill to incorporate the Maritime Canal Company Bowman, Covington, Farwell, Sewell S. Herbert, Bragg, Crapo, Finley, Herndon, of Nicaragua. As a bill on the subject has been reporte~ I desire to Browne, Cravens, Fisher, Hewitt, AbramS. have the. memorial printed in the RECORD.