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. ement of the navigation of the Mississippi H.i>er mittee on Rules. Several members called for the yeas and nays . .and the 11rotection of its >alley-to the Committee on \Vays and The yeas and nays were ordered. Means. Mr. KENNA. I deRire to make a parliamentary inquiry. Dy )Ir. HENRY G. TURNER: The petition of J. R. Brittan nnd The SPEAKER. The gentleman will state it. -others, citizens of Lowndes County, Georgia, for ::m appropriation Mr. KEI\--x A. I desire to ask w betber unuer the present ruling and conduct of the Chair it is of any use to amond the rules as suggested by the report of the commit­ for educational purposes-to the Committee on Education and Labor. tee, if the Chair is not doing under the present rules what is sought to be accom­ By Mr. \VAT SON: The petition of merchants, manufacturers, and plished by the amended rule 7 lmsine s men of Eric, Pennsylvania, for increase of pensions to such The SPEAKER. That is a question to address to the gentleman haling the report Fwldiers of tho late wa,r as lost an arm or a leg while in the line of in charge. The question was taken; and there were-yeas 151, nays 3, not voting 137; as duty-to tlw Committee on Invalid Pensions. follows: By l\Ir. WILSON: The petition of J. Dood Bell, praying that a pension be granted to the heirs of Isaac Bell, a soldier of the Revo­ Mr. SPRINGER. I now ask the Clerk to read what! have marked lutionary war-to the Committee on Pensions. on pnge 50. The Clerk read as follows : So tho pretious question was orderfld. Mr. REED. I ask unanimous consent that the reading of the names be dispensed with. Mr. RAl\-nALL. I ha>e no objection to that, but we desire the yeas and Mys on the adoption of the new rule. HOUSE OF REPRESENTATIVES. Mr. REED. That is all right. Mr. SPRIXGKR. If I may be permitteu, I object to dispensing with the reading TUESDAY, May 30, 1882. of the names. The SPEAKER. Objection is made, and the names will be read. The House met at eleven o'clock u,. m. Prayer by the Chapl::tin, The names of those voting were read, after which the result was announced as above stated. Rev. F. D . Po~ER . APPROVAL OF JOURNAL. wi~rin~;::O~!!~ ~~~clt 1s:e~~l ~~h~cY::k~oJ~~~- which is to commit this report The SPEAKER. The Chair holds that the motion is not in order. The Journal of yesterday's proceedings was read. Mr. SPRINGER. I call the attention of the Chair to the language of Rule XVII. 'l'he SPEAKER. In the absence of objection the Journal will be The SPEAKER. The Chair remembers the rule very well . .approved as read. Mr. C.UIP. Debate is not in order. l\fr. SPRINGER. I object. Mr. SPRINGER. I ask tha.t the rule be read. It shows that "it shall be in order, pending the motion for or after the pre"ious question shall ha.ve been ordered on The SPEAKER. Does the gentleman from Illinois rise to correct 1ts "RasRage "-- the Jomnal Y 'I he SPEAKEn. On the passage of a bill. Mr. SPRINGER. I do. From the reading of the J ournal I :find Mr. SPRIXGER. On the passage of any motion-'' for the Speaker to entertain that all that part of the proceedings of yesterday which are printed motion to commit with or without instructions." I snbllllt that motion under the rule and ask t hat tl1e instructions may be read. on page 49 and pago 50 of the RECORD has been omitted; that por­ The SPEAKER. The Chair bas beard the gentleman's statement, and rules his tion embracing two very important motions that I submitted which motion out of oruer. the Speaker 1·efnsed to entertain, also my appeals from the Speaker's Mr. SPRINOEH. Tlw Chair cannot mle upon it until it is read. decisions which the Chair also refused to entertain. I ask tile Clerk The SPEAKRn. The Chair bas bea-rd the gentleman's statement, and it was quite intelligible. [Lau~llter.) to read the portions of the RECORD which I have ruarkeu covering Mr. SPRD\O& It. Will the Chair allow the motion to be read 1 the matter omitted by the J ournal. The Sl'leAKEH. Tl1e Chair will not. . The Clerk read as follows: Mr. SPUL'\f'Jtn. Then I move that this report be recommitted with instructions to the committee to report the same back with an amendment so that it shall be Mr. RUED. I now call the pt·evious question upon the adoption of the report in order pending a contested-election case to mo\·e to amend, to recommit, or to made b:v- the Committee on Ru1es. lay th~ sulJject on the tHble. lfr. SPRIXGER. I move to lay tho report on the table. The Sl'EAKRtt. The Chair thinks that the motion to recommit a. contested·elec· The SPEAKER. That motion is not entertained. tion case would be in ordor under the mles. Mr. SPRIXGEU. I movo to lay tho report of the Committee on Rules on the table. 1\fr. SPRING Ell. That is what I desire to have incorporated in the new rules. Mr. CO~VEU E. I ask the gentleman from Maine permission to make a motion ThA SPEAKER. The gentleman's motion is not in order. The question is uuon to ameml the report so far as it relates to suspending the rules, so that it shall the atloptiou of t he report from the Committee on Rules . .apply only to cases of election contests. . Mr. n~-nALL. And on tlu1.t I call for the yeas and nays. J\lr. Ronxso~. That is in the rule now. This incorporates the existing rule, so Mr. SPRIXOElt. I appeal from the decision of the Cha1r. :far as that is concerned. The SPEAKER. Tho Chair does uot entertain the appeal. Mr. SPRIXGER. I move to la.ythe report on the table. J\!r. SPIe a right to make it lmder the 1·ule.. Doos tho Chair rules of t.l10 House, and onghtto be deposed. refuse to entertain a motion to lay on the table 1 The SPEAKRR. The Cl1air can only say to the gentleman that hls motions have The SrEAKElt. The Chair entertains tho motion of the gentleman from Maine, been clearly out of or·der, even uncler the mles, ifl:hey were applicable a.t all. But -which is a demand for the previous que!!tion. · the Chair bas made a ruling which has been aftirmed in the most extraordinary Mr. f:iPJ!Th"GRil. I rise to a question of order. uumner lJy the llouse, and tho Chair will certainly be bound to stand by that The SrEAKER. The gentleman from Maine demanus tho previous question. affirmation of its own rnling. Mr. SrHL'\OJm. I raise the question of order that the motion to ln.y on the table Mr. SPr:rxoEn If we have no rllles the Speaker is right; but we have rules, all 0 0 of which ar·o b iug violated by the Chair, and I repeat that the Chair ought to bo ta~~ -Pc~~~-e~~~~e~~ ~~~~~~; !:t~: l~ro~~~~~~H~~s o~· depoRed. The SPEAKRU. The ruling of the Chuir waR sufiicioutiy broatl to coYer all tbcso (}nestions. Ml'. SPRINGER. I move to correct the Journal so as to include Mr. SPUL'\OER. The Chair has not rulocl a motion to lay on the table is out of the two motions I snbmitted. ()rder. Mr. HASKELL. I rai~Se the point of order ou that. The SrEAKEil.. Tho Chair bas ruleu thnt dilatory motions are not in order. Mr. HrJUX<.illlt. I deny that thiH is a Uilatory motion, an«l the Chair has no right Mr. SPRINGE I ~ . So a.s to inclnde the two motions which appear in !iz~Ja~ ~ o~·~l~.ng a di atorymotion. 1 am making a motion that is always recog- the proceedings n read by the Clerk ; the motion to lay on the table the report of the Committee on Hules, tile ruling of the Speaker, and The SPEAKEtt. The gentleman from lllinoi:-1 is not in oruor. my appeal therefrom :tll(l the refusal of the Speaker to entertain the Mr. SI'RL'.'GEU. I am in order; and 1 appeal from the decision of the Chair and de ire to state the reasons for that appeal. appeal; and alHo my motion to recommit the report with instructions, The ::5PE.AK~R - Tho Ch:lh tlecllnes to entertain the appeal. the refusal of the Speaker to entertain that motion, the appeal from 4332 CONGRESSIONAL RECORD- HOUSE .. that decision, and the refusal of the Speaker to entertain that ap­ that ruling, and the refusal of the Speaker to entertain that appeal. peal. Those are proper subjects to go into the record of the proceedings of The SPEAKER. The Chair will direct the Clerk to read the rule tho House, and I move to amend the Journal accordingly. relatin~ to the making up of the Journal. The SPEAKER. The Chair will sublnit the motion to the House. Tho clerk read as follows : 1\fr. HASKELL. I rose to a point of order on that motion, and I Every motion made to the House and entertained by the Speaker shall be re­ desire to state that the motion is contrary to the rules and the practice duced to writing on the demand of any member, and shall be entered on the Jour­ of the House. The motion of tho gentleman from Illinois was over­ nal with the name of the member making it unless it is withdrawn the same day. ruled by the Chair and overruled Iightfully, and there is no motion The SPEAKER. The Chair desires simply to state that if the now which should be submitted to 'tbe House. Clerk had made up the Journal as tho gentleman from illinois asks The SPEAKER. The Chair is not going to determine-- it should be made up, it would have been in express violation of the 1\fr. H.A.SKELLL. Tho remedy of tbo gentleman from Illinois is rules in so far as it would have included any of these motions or the by an appeal. · appeals that the gentleman sought to take that were not entertained 1\Ir. HOLMAN. The Chair refused to entertain tho appeal. by the Speaker. If the Clerk had entered on the Journal those mo­ The SPEAKER. The gentleman has not taken an appeal to-day. tions and appeals they wouldhave been stricken out as having been Mr. HOLMAN. On yesterday; and that is what we complain of. inserted in absolute violation of the rules. l\Ir. KNOTT. During tho debate whieh occurred on yesterday Mr. SPRINGER. Tho Clerk did make up the Journal of Satur­ there was frequent appeal made to tho Constitution of the United day's proceedings so as to show a motion made by the gentleman States as tho paramount law not only of the land but of this House; from \Vest Virginia [Mr. KE~'NA] which the Speaker 1·efused to and it was argued that where there was a plain peremptory provision entertain, refusrng also to entertain the appeal from his decision. of that instrument in apparent contravention of the rules of the The SPEAKER. The gentleman is mistaken. Tho motion of the House the provision of the Constitntion would prevail. gentleman from \Vest Virginia was entertaineu, and was submitted Now I will call your attention, Mr. Speaker, and the attention of to the House. the House to tho third clause of tho fifth section of the first article Mr. SPRINGER. I call for tho reading of the Journal as to that. of the Constitution, whieh is plain ancl peremptory in its terms, com­ [Cries of "ReO'ular order!"] manding that "each House shall keep a journal of its proceedings." The SPEAKER. The gentleman from West Virginia moved to If that means anything, it means that each House shall cause to be adjourn, which motion the Chair entertained. reduced to writing every transaction that takes place during its ses­ :Mr. KENNA. The gentleman from Illinois alludes to my motion sions, every motion that is made, every ruling that is made upon such to take a recess, and when that motion was not entertained I ap­ motion, and every determination thereof. pealed from tho decision of tho Chair, and the Chair refused to en­ A journal implies a complete and a truthful journaL .A. motion tertain the appeal, objection having been made by the gentleman may be made that is out of order; nevertheless it is made. Because from Maine [:Mr. REED] on the ground that another privilege(l roo it happens to be out of order is no reason why it should notgoupon tion was pending. the Journal. The fact is that tho motion was made, whether out of The SPEAKER. Tho Chair ruled on that as a point of order. order or in order; and it is necessary that it should bo recorded, 1\fr. KENNA. Tho Chair refused to entertain my motion, and and it is necessary that the ruling of the Speaker upon it should bo expressly refused to entertain my appeal from its decision. recorded as a precedent by which future proceedings of the House The SPEAKER. The Chair docs not desire to enter into a collo- arc to ue regulated. quy; it can be settled by a reference to the RECORD. Now, sir, if it comes to this that nothing can go upon that Journal Mr. KENNA. Nor do I desire to go into any colloquy. unless tho Speaker chooses to entertain it, then tho will of the Mr. 1\fORRISON. Let the RECORD be read. Speaker and not the rules of this House and not tho Constitution is Mr. SPRINGER. That was a similar case, where the Speaker re­ the law in that regard. Tho Speaker can arbitrarily determine fused to entertain an a1rpeal, and that was journalized. I submitted whether he will entertain a motion or not; and if ho decline to en­ a proper motion, and the Journal of this House should show what tertain it then he prohibits the Clerk from entering it upou tho motions were made, with the rulings of the Speaker on those mo­ Journal, and where is theredress Y \Vhatbecomcs of that provision tions. I have the right, and every member of this House has the of the Constitution which requires that the proceedings of the House right, to insist that that Journal shall show correctly, truthfully shall be truthfully recorded 'i and honestly what was done in this House, even though that record Has it come to this, that the arbitrary will of tho Speaker, right may contain a condemnation of the man who sits in tho Speaker's or wrong, shall supert:!ede and overridethe Constitution of this coun­ chair. [Loud cries of "Order!"] try T I have as high respect for the present occupant of tho chair, The SPEAKER. Tho gentleman is not in order. p01·ha11s, as any other man. Yet I cannot say that he it:! infallible; Mr. SPRINGER. If I am not iu order let my words be taken I cannot say that he is incapable of making a mistake. I cannot say down .. that he may not refuse to entertain a motion that is perfectly legit­ Tho SPE.AKER. The Chair desires to say, very temperately-­ imate in its character. I cannot say that when he refuses to ent-er­ Mr. SPRINGER. I have a right to speak on this question. tain an appeal he is not mistaken. I say that when he cloes refuse The SPEAKER. The gentleman will desist--- to entertain an appeal he is mistaken, because the rules of this House Mr. SPRINGER. I have the floor on my motion-- give to every member the right to appeal from the decision of the The SPEAKER. Or the Chair will direet the Sergeant-at-Arms to Chair, whether it bo to entertain a motion or not. make the gentleman desist. I rriay make a motion and you, 1\ir. Speaker, may decline to enter­ Mr. SPRh~GER. The Sergeant-at-Arms cannot take me off this tain it; and it is sa.id I cannot appeal fi·om your decision declining floor. to entertain that motion. Otherwise the House is powerless; it is Mr. HUMPHREY. He can, and he will do it, too, if necessary. prostrate under tho feet of the Speaker whenever he may see proper 1\fr. SPRINGER, (to Mr. HU:liPIIREY.) Nor you either. to exercise arbitrary power. :Mr. HUMPHREY. I can do it myself. [Laughter.] The SPEAKER. The Chair, if ho correctly understands the point 1\fr. SPRINGER. It will take a larger pattern of a man than you of the gentleman from Kentucky, agrees with him. The C:l.tair only­ are to fri~ll ten me. stated that the Clerk in making up the Journal hatl acted in obedi­ The SPEAKER. The Chair desires to state, if the gentleman will ence to tho standing rule which was read. The Cb air, not withstand­ desist for a moment, that it can •ery well afford to allow the gentle­ ing the rule, does not refuse to submit to the House the IJ.Uestion man to make improper remarks, in so far as they apply to tho Chair what shall go into the Journal. In so far as tho gentleman speaks alone. But it is quite another thing when the gentleman undertakes of the force and effect of the Constitution tho Chair agrees with to destroy the di_gnity of tlle House by his own conduct. him. 1\fr. SPRINGE.«:. That has already been dcstroyed-- 1\Ir. BURROWS, of 1\lic~~an. I desire to ask the gentleman from l\ir. REED. That is so, and by your party. [Great laughter.] Kentucky this question: ll, while ho was occupying tho-f!.oor just 1\fr. SPRINGER, (to 1\fr. REED.) By your side of the House. now in debate, I had risen in my place and moved that th1s House . The S~EAKER. Tho Chair d~sires to state ~h~t any proper mo­ adjourn, and the-Chair had refused to entertain my motion as not tion which the gentlemanmayw1Bh to make, relatmgtoacorrection being in order, and if I hall instantly appealed from that decision, of the Journal, not as a matter of excuse simply for the gentleman should that motion which I sought to make and the declination of to make a speech- any proper motion which the gentleman desires the Chair to entertain it go into the Journall ~ make tlle qhair will submit to the _House. The Chair_ has only in­ Mr. KNOTT. It is not necessary for me to answer a question liko dicated that m so far as the record IS made up, excluding motions that. that were not entertained, the Clerk has proceeded exactly in ac­ Mr. BURROWS, of Michigan. That is tho exact point hero. cordan?e with the standing rule of the House. Now if the gentle­ Mr. HASKELL. I desire to say a word on the point of order which man will submit a proper motion the Chair will submit it to tho I have raised and which has been spoken to by tllo gentleman ~rom House. Kentucky. The Constitution, in the clause which has ueon ~1ted, 1\Ir. SPRINGER. I move to amend therccord so as to include tho provides, as tlle Chair will notice, that the Journal shall contam the two motions which I submitted; the ono to lay upon the table tho "proceedings" of this House ; it is to be a record of tho so things report of ~he Commit~ee on Rules, tho ruling of the Chair declining done by the House. Now, a motion, or resolution, or paper, suh­ to entertaJ? that motic;m, my appeal from that ruling, and the refusal mitto

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, but have voted because my vote was necessary to make a quorum, the right to vote under such cir- TilE ELECTIOY LAW OF SOUTH CAROLL~.A . cumstances bein~ reserved. · Before proceeding to a discussion of this en e, uud in ordor that lli. DAVIS, ot illinois. I am paired with tho gentleman from each ono may havo a clear uudcnrtanding of the machinery of the Kentucky, Mr. CALDWELL, but reserved the right to voto to make elections in South Carolina, H is only pro11cr to stato that under the a quorum. election laws of South Carolina tho governor of tho State, prior to. Mr. DEZENDORF. I vot-ed, though paired with my colleague, each ~eneml election, appoints for each county in the Stato three Mr. GARRisoN, because the right was reserved, if necessary, to make conumssioners of elections. These commissioners of elections ap­ a quorum. point for each poll in their 1·especti ve counties three managers of -·

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..nvassers determine and certify the number of votes MR. DIDBLE'S TIIIRD PROTEST CllARGING ALTERATIOXS OF TllE RECORD. cast for the diffr-rent candidates for tho various offices -voted for, and On the 21st of February, six days before the expiration of the time deola,ro what f.0rsonshave been by the greatest number of votes duly in which he was directed to file said brief, Mr. Dibble filed a third elected to sucCJ. offices. ' memorial with the sub-committee, setting forth that without waiv­ You will o"!Jserve, therefore, Mr. Speaker, that the whole machinery ing any of tho objections heretofore raisetl by his protests he alleged of tho elect:ons in this district was in tho hands of the Democracy ; and charged- a Democr:>.tic governor, Democratic precinct managers, Democratic First. That Mr. Mackey had willfully, surreptitiously, frautln­ county CP.nvassers, a Democratic State board of canvassers 1 not a lently, and corruptly alteretl and perverted the testimony of the single &publican was permitted to handle any ballot save his own, witnesses who were examinetl in the said case of Mackey vs. O'Con­ and on~y a Republican United States supervisor was permitted to nor. stand by and look on. And had it not been ~or tha~, hacl it not been Second. That the testimony filed with the Clerk of the House of for tae law which enables the courts to appomt Uruted States super­ Representatives in the said case was not the testimony of tile wit­ visr. .rs, the frauds that had been practiced in that district would never nesses as given upon their exa.mination in the said case. He closed ha:re been known to this country. his memorial by requesting the committee to make due investiga­ lllSTORY OF TllE CASE. tion o-! these matters, and to ask leave of the House of Representa­ tives to summon the witness whose deposition accompanied his com­ With these preliminary remarks I proccetl to the consideration of munication, together with such other witnesses as might ue named tho facts. This case arises out of a contest from tho sccontl Congressional by Mr. Mackey or himself touching the truth of the charges therein district of South Carolina, and was referred to tho seconcl sub-co:rp.­ contained, in case tho contestant denied the said charges; or (mark the word) to take such other means as may be jus~ fair, and lawful mittee of the Committee on Elections, composed of Judge \VAIT of to ascertain the same; and that the testimony on nle in said case of Connection~ Judge RITCIIIE of Ohio, MILLER of Pennsylvania, Mackey vs. O'Connor be stricken out and ue declared to be fictitious, l\IoULTO~ ot Illinois, and DAVIS of Missouri. Tho parties as they unreliable, and void. st.and on the record are E. W . M. Mackey, contestant, and M. P. This memorial, it will ue observed, contained three distinct prayers. O'Connor, contestee. At tho general election held tho 2d day of No­ At the time the said memorial was filed it was supplemented by the vember, 1880, these two parties were voted for, and the State board affidavits of E. H. Hogarth the notary and stenographer who took of canvassers of the State of South Carolina, acting upon tho returns the greater part of the testimony1 for both parties; of one C. Smith; inade to them by tho county canvassers, tleclared Mr. O'Connor of \V. A. Zimmerman, a witness in the case; of Robert Chisholm, elected, and the certificate of election was accordingly issued to him. James Whaley, and Malcolm I . Browning, all of South Carolina, Mr. Mackey at once commenced this contest, and tho parties in duo and who were attorneys for Mr. O'Connor; ofWilliam E. Earle, at­ time proceeded to take the testimony which is contained in the torney for Mr. Dibble, and of Charles E . O'Connor, son of M. P. printed record. O'Connor, and who also acted of the attorneys in the case. HOW MR. DIDBLE OBTAINS A CERTIFICATE. In this connection I now call tho attention of the House to what After tho testimony in chief on either side had been completed 1\fr. these affidavits contained, for it has been chargetl upon the Democratic O'Connor, on April 26, 1881, died, and on the 230. of May, 1881, the side for eight days past that the Committee on Elections never in­ governor of South Carolina, assuming that a vacancy was caused in vestigated them, and that by right and by law they should have been - the representation of tho State by Mr. O'Connor's death ortlcred a investigated. special election to :fill the same. Atthatspecialelectioni-Ir. Dibble, I desrre the House to notice that every attorney employed by Mr. tho sitting member, was voted for and returned elected, receiving O'Connor in this case so far as the record discloses, made an affidavit but 7,344 votes iil a district that on November 2, 1880, Mr. O'Connor in the case. Notwitnst'anding1 the fact that they had taken the t es­ claimed gave him 17,569 votes. The Republic:1ns of the district, timony, notwithstanding the fact that t.hoy had cross-examined the claiming that Mr. Mackey, and not Mr. O'Connor, had ucen elected witnesses of Mr. Mackey, notwithstanding all that, and tho fact Novemuer 2, 1880, and that the death of O'Connor had created no that if any man would know that the record had been changed, a gootl, vacancy, refrained from voting at said special election. active, vigilant attorney would know it, not one of them points to THE CONSIDERATION OF Tlill CASE llY THE COMMITTEE. the evidence of a single witness in all of that record from first to On January 24, 1882, the printed recortl was receivele do this f of the ninety-four witnesses called by 1ir. Mackey originally, all of ?tfr. ATHERTON. Let me ask a question, if the gentleman will whom deposed. that they had carefully read their depositions as con­ allow me. [Cries of "No 1" from the Republican side.] tained. in tho printed record, that they well remembered the testi­ bfr. HAZELTON. You will have a full hour of your own. mony they had given, ancl that there had been no garbling of, alter­ Mr. MILLER. I answered the gentleman's que-stion, and must ations in, or additions to the same, and that they again made oath now proceed. to the truthfulness of tho said original testimony in every particular. Mr. ATHERTON. Does the gentleman refuse to allow me t-o ask him a question Y A CUMULATIVE AFFIDAVIT RULED OUT. bfr. MILLER. You may ask any question you please, but I do not The 6th of March was agreed upon by the sub-committee for the wish you to make a speech. hearing of argument on said memorial. On the 6th of March, in Mr. ATHERTON. I do not want to make a speech. pursuance of said notice, the sub-committee met the parties, and Mr. !882. CONGRESSIONAL RECORD-HOUSE. 4337

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.~.,.eould further, that the evidence of l\fr. Mackey's election, in accordance have cowe to tho consideration of this case. I hope my unswer is with the returns made by the precinct manaogers of election on the Hatisfnctorv. night of the election, was incontrovertible, and that these returns -Ur. DIBBLE. 'The answer I wunted to my question was either clearly showed that his majority was 679, countin~ it and counting yes or no. it only as it had been countetl by these DemocratiC precinct mana­ · Mr. MILLER. I do not know whether the notary coultl write or gers, every one of whom, so far as appears, voted for l\Ir. O'Connor. not, :mtl I tlo not care. It was not the notary I was attacking. It Them a.j ori ty ofthe sub-committee agreetl upon a report, and uta meet­ "·as the man who wus supposed to huve signed his name. I do not ing of the full sub-committee, every member, I believe, being present, care whet.her the notary could write or not, or whether he could read the same was consideretl antl udoptetl. or not. ' · On April5 thi5! report was submittcu to the full committee and ~1r. ATHERTON. The fact thut the notary certified that the wit­ d.iscussed. l\Iark yon, this report was discussed at leu~th by the nes. had. sworn t'o this was a muterial one, which the gentleman en­ members of the sub-committee to the full committee, auu my recol­ tirely omitted from his statement made through the Rcpublicun exec­ lection is that Judge l\fOULTON und ~Ir. DAVIS were present; if they nth·e committee; becuuse the notary woultluot gi>e that certificate were not they can so state now to the House. unless the man had signed it either by himself or by the hand of The same allegations of fraud, forgery, und alteration of the record .another. which had been originully raised by l\fr. Dibble were again gone Mr. :MILLER. I take it thut i utterly immaterial. I take it we over in the full committee. Judge l\fOULTON and l\f.r. DAVIS, .lllem­ are not trying the notary here. The other side have tried every­ bers of the sub-committee, both axgued at length to the full com­ tbing but this case. [Laughter.l I am trying this case. mittee thut the report of the sub-committee should not be adopted; The case was then argued at length, and I ·want tho Democratic antl they gave as the only reason for refusing to adopt it tbnt the sitle of the House to pay particular uttention to this. They have printed record had been chunged. I challenge contra<.liction upon been told by somebody, so they suy, that tho committee never con­ this point. sidered this question of alleged forgery. The case was then argued Not only the membersofthesnb-committee, but other members of at len~th by counsel for ~Ir. Dibble and Mr. Muckey relative to the the full committee, who in the meun time had examined the subjectto allegetl alterations and perversions of the record, and a.n adjourn­ some extent, took part in that discussion. After an cxhausti"\re ment was hud until March 13. In the mean time the mnjority mem­ argument and investigation on the pa11i of the full committee, the llers of the sul)-committee, with ~reat care-! meun Judge ·WAIT, report of the majority of the sub-committee wus adopted by a vote .Judge RITCIIIE, and myself-exammed not only the ex pa1·teaffitlavits of 11 to 3, every one of the 11· the peer in intellect, the peer in ju­ submitted by l\Ir. Dibble and Mr.l\Iackey, but also the testimony in dicial knowletlge, and the peer in honesty .of the members of the the printed record which was alleged to be altered, in the light of minority, and I pay the majority a high compliment when I say the argument of counsel on either side, printed and oral; und on thut. March 13, ufter a full ar~ument by the several members of the sub­ By this vote of 11 to 3 the full committee again reaffirmecl tho -committee-my recollect.ion is that l\Ir. MOULTON and l\Ir. DAVIS declaration that the testimony in this cuse had not been forged and were both present-uta meeting culled -expressly for that purpose, altered. I wus ordered to report the case to the House, which I did they decided to ovorrulethe motion of Mr. Dibble to strike from the on the lOth of April. On the 12th of April, my friend l\Ir. 1\iOULTO:N, record ull the depositions heretofore tuken by l\1r. Muckey; und l\1r. on behalf of the minority of tbe fnll committee, submitted a minority Dibblewasfnrtherortlered forthwith to file his brief, the ~Oth March report. I ask Democrats to get that minority report antl reutl it. being ugroetl upon for final argument. It recommended thut tbo contest of l\1uckev t•8. O'Connor be d.is­ Mr. CALKINS. On the merits of the case. missetl. Of thut minority report of twenty-five printed pages1 four­ l\Ir. MOULTON. l\Iy friend does not mean to say that l\!r. DAVIS teen are taken up with the effort to demonl5tratcO that the testimony .and myself vot.etl for thutY had been ultered and changed; estublishing again beyond any doubt XIII--272 4338 CONGRESSIONAL RECORD-HOUSE. M.A_y 30,. that this question which had been mooted had not only been ex­ ~fr. MILLER. Not now. It is in evidence in this case, the proof amined fully by the sub-committee, but also by the full committee being put in by ~lr. Dibble himself, assisting tho attorney of Mr . . and passed on by them. O'Connor in Orange burgh County, that the Republican tickets, owing to the peculiar appearance of tho back of the ticket, which resembles. l!R. DIBBLE'S FOURTU liEliORIAL. n, playing-card, could be recognized across the street. To show that From April 5 to :May 15, a period of one month and ton days, no I am correct in what I state, I want to show to the House theRe­ step was taken by Mr. Dibble, but he remained silent. It was un­ publican ticket which was voted in that whole district. [Exhibiting derstood, however, that thi~ case was t.o bo .called up in tho ~ouse a tickt1t.] There is not a man with eyes who could not distinguish early in the week commoncmg May 15. On that day Mr. D1bble this ticket as far as bo could see it. filed in tho House a memorial recharging the forgery and alteration 1\Ir. ATHERTON. ~by I ask tho gentlemau-- oftho printed record, and asking that the case ofl\fackey vs. O'Connor ~fr. MILLER. Not now; I decline toyioldatpresont. That was be recommitted to the Committee on Elections with instructions to the Republican ticket that was voted. The Democratic ticket >otedin investigato-- that box was this. [Exhibiting a ticket.] That is the "little joker" Mr. ATHERTON. ·wm the gentleman al-low me to ask him a sin­ or tho tissue ballot which docs duty in South Carolina. [Laughter.] gle question f They have a wonderful way down there of always having two Dem­ ~Ir. :MILLER. Not till I com ploto my sentence. With instructions ocratic tickets, onenarroworthan the other. [Exhibiting two tickets.] to inyostigate as to the genuineness and authenticity of tho said testi­ I will explain the object; and I want my Democratic friends of the mony, and the charges made by him concerning the alteration and North to watch so that in close districts of tho North they may un­ perversion of tho sumo by :Mr. Mackey. dertake to practice this and see how we in tho North will stand it. ~Ir. ATHERTON. I desire to say that I had not myself known They fold the smaller of these tickets in this way, [illustrating,] then that there was an intention of calling up this case the 1st of .May, or fold the other ticket in that way, putting tho little one inside thus; anywhere near that time. I want to know of the gentleman from and. a bystander cannot tell that there is more than ono ticket. It Pennsyh·ania [i\Ir. .MILLER] how that information was secured; is in evidence that at some polls as many as forty of these little fellows whether simply from tho stee1·ing committee behind the Republican wore in the outside jacket. 'Vhen the managers come to draw out party in this House. the tickets, in order that every one of them may count, they stir them Mr. CALKINS. I suppose tho gentleman from Ohio [Mr. ATmm­ up and then these insiuo tickets fall out thus. [illustrating.] Do TO~] does not want to make an unfair statement. I will say that I you see Y [Laughter and applause.] had notified ~cntlcmen on that side of the House that I would call Here arc two more tickets. [Exhibitin~ tickets.] They all travel up these electiOn cases in the order in which they were reported to in pairs-these South Carolina tickets. 'I here is always a little ono tho House. I had pledged my word to the gentleman from Pennsyl­ and then a big ono to cover it. How long will the thoughtful voters­ vania [Mr. RM."'DALL]-and if he is present on tho floor I have no of this country, when they investigate this case, as they will-bow doubt ho will say that I am correct in that statement-that I would long will the tbou~htful Democratic voters of the North stand such proceed. to call these cases up in the House in the order in which fraud and such VIllainy 7 I ask gentlemen on tho other side to they had been reported. And I know that l informed my friend pause, to hesitate, for tho Northern Democratic ballot or the North­ from Ohio [Mr. ATIIERTOX] that the moment I could do so ! .would ern Republican ballot ought to count, and in God's name it shalJ, call up this ca. e. while this House is Republican, for as much as the Southern Demo­ Mr. ATHERTON. \Vas anything e>er said about calling up this cratic ballot. case at any particular time The SPEAKER. Tho time of tho gentleman from Pennsylvania. Mr. CALKINS. That it would be called up just as soon as the bas expired. tarift'-commission bill was got out of the way . Mr. CALIUNS. I desire recognition for tho purpose of yielding a. .11r. ATHERTON. Was any particular time mentioned f . part of my time to the gentleman from Pennsylvania. Mr. CALKINS. No particular day, but that it would bo called up The SPEAKER. Tho Chair will state that, in pursuance of an ar-· just as soon as tho tariff-commission bill could be got out of the way. rangoment made with certain members of tho minority of the com­ Mr. ATHERTON. The point I make is that there was no day mittee, the Chair will now recognize, if there be 110 objection, tho mentioned. · gentleman from Indiana, [l\Ir. CALKL~S . ] 1\Ir. CALKINS. :No particular tlay, but it was saitl that it would. Mi:. MOULTON. I hope this courtesy will be conceded. bo called up as soon as the other business was out of tho way. The SPEAKER. Thoro being no objection, the gentleman from 1\Ir. MOULTON. That is correct. Indiana is recognized and yields to the gentleman from Pennsylvania. . ~lr. MILLER. · This memorial was the fourth memorial or protest Mr. MOULTON. There is no objection; that is all right. Wo presented by ~Ir. Dibble in this case. The only matter that is new understand thUct tho time is to be equally divided.. in this fourth memorial is a matter entirely extraneous to tho record. Mr. MILLER. The Republican supervisor of Hope Engino-houso lli. Dibble sets forth in thismomorialthat attho trial oftheman­ poll states that for much of the day be was in plain iow of the voters agers of tho Hope Engine-house poll in the city of Charleston, who at that poll, and that he sa, w many of the Rop u blicans-at least two. were under indictment for stuffing tho ballot-box at that poll, one hundred-como up to the ballot-box and cast such a ballot as I havo H. W. Hendricks, the Republican United States supervisor at that shown you ; that they came up before tho managers with their ticket poll, testified in said trial that in his supervisor's return a cer­ open, by 11. preconcerted arrangement, 1tnt ho might be enabled 'after tho election was over. to. interpolated were utterly immaterial, but even if consideredmaterial prove just how many ballots w.ere cast; that in tho presence of tho by ~lr . Dibble, it is worthy of notice thaUir. Chisolm, who bad been Democratic manager they folded up the tickets that he might sec attorney for :Mr. O'Connor, testified on that same trial that 1\Ir. Hen­ that each Republican >oter voted but one ticket. This Republican dricks was in error in stating that there bad been any interpola­ supervisor says that there were 597 oftheso tickets put in the box that tion. day by 597 Republicans at that precinct. This woulno of tho man~ors to. arriving at the conclusion as to whether or not l\Ir. Mackey had. been draw out such excess. One of them was accordingly blindfolded; elected by 879 majority. and in drawing ont this excess of 1,011 ho otes in a poll of either 1,218 or 1,214. touch to h."now tho tlifl'erenco between tho two ballots. No person had access to or control of the ballot-box at that poll Mr. MILLER. Ah I yes; there is one witness Ur. O'Counor called during the

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, 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 ClarenAuL,] who, although a Democrat, turned his changed the vote at Haut Gap poll from 1,037 for :Mackey aud 46 for l.Jack on the iniquitous men.ns instituteu a.nd practiced by the friends O'Connor to 19 for Mackey and 1,052 for O'Connor, and left out en of Mr. O'Connor, and by virtue of which the sitting member claims tirely in their count seven precincts, which were counted by the his seat-all voted to overrule said memorial. managers as follows : Therefore, J\.fr. Speaker1 I state uelibemtely, anu in tho presence of the sub-committee, and m the presence of the Democratic members Precincts. Mackey. O'Connor. of the full committee, anu of the House, that this question was in­ vestigated, and that no other case has received from tho committee one-fourth the time that this case has. On that I challenge contra­ Calamus Pond ...... 511 119 diction here and now. 573 !JO 380 63 Mr. ATHERTON Will the gentleman allow me a single sugges­ 3S5 161 tion¥ I[Jg}.;:t::·:~ ::·:~~::~~~:~:~~~::~::~:~~-:·:·: ~ ~ ~ ~:::::::: 732 16 1\fr. MILLER. Yes, SI •• Ten-mile llill ...... 003 5 Mr. ATHERTON. Is not the suggestion to be met n.nu the point B~ackOak ...... 393 11 1------·1------to be examined and replied to this: that application was made to Total ...... 3, 577 465 the committee by Mr. Dibble to have an investigation as to the testi­ mony made; and has not tho sub-committee in the first instance, and the full committee afterward, absolutely refused to make an In the county ofOrangeburgh the county canvassers counted fifteen examination that he prayed to have made7 Is not that the distinc­ of the polls precisely as the managers had counted them, but rejected tion Y four polls entirely, which were counted by the managers, as fol Mr. MILLER. We examined the ex parte affidavits :filed by Mr. lows: Dibble, and we examined the affidavits filed by Mr. Mackey. We examined and scrutinized the affidavit of the man who took the Precincts.' :Mackey. O'Connor. eviuence, and in whose possession the stenographic notes still are; we examined the printed report, and we examineu everything that 254 40 had any bearing properly upon the case, and we founcl that his charge ~~~fe~~tt~ -_-_: :·::::.. :·:.. ·:.. ::::: ::::::::::::::::::::::::::: 279 85 was utterly unfounded. That was the judgment of eleven members Lewisville ...... ~- ...... 700 236 of that committee, and any one of the eleven who signed the report Bookhardt's ...... 212 69 anu who is here present in the House can rise in his scat and say if I do not state the exact·facts in that respect. Total ...... 1, 445 430 ~Ir. ATHERTON. .Allow me- :.Mr. ~1ILLER . I await my Republican associates first. I ask any In the county of Clarendon the county canvassers counted all the member of the sub-committee, any one of my Republican associates, precincts, eight in number, precisely as the managers had counted or Judge JONES, or Mr. PAUL, any one of them, to rise in his seat and them. 'l'he dispute, therefore, in this case narrows itself down to correct me if I am in erro;r. these twelve precincts, so far as the question is concerned as to Mr. l1r. A'l'HERTON. Let me ask a question. Mackey's right to his scat. 4340 CONGRESSIONAL RECORD-HOUSE. MAY 30,

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 boarested exclu­ ton County, he said, ·inter alia : sively in Congress in case of a contest. I aumit that in Charleston County tile commissioners of election, sitting as a The Committee on Elections, therefore, as to this poll, counted it boaru of county canvassers, diu not count, canvass, ancl include, in their state­ precisely as the Democratic precinct managers hatl counted it, as the ment of the result of the election, the votes cast at the following voting prccinct.'l., State board. of canvassers corrected and counted it for county officers, to wit, Calamus ronu, Strawberry Ferry, lliggin Church, Ten-1\lilo Hill, Brick Church, Enterprise, and Black Oak; but their refusal to count the same was well ~s th~ ~ounscl f~r the Republic:tn and Democratic candidates agreed founueu and justified on tho part of the boaru, slttitl~ as a boartl of county can­ m wntrng that 1t had been cast ana should be counted; and if Mr. •""asscrs, because the returns from each of these preCincts, with tho exception of Dibble or any Democratic member of the committee pretends to say :muck Oak, when handed in to tho boarcl, wore accompanieu by protcets properly that the IIaut Gap box ought not to be counted 1,037 for Mackey and made out, charging intimitlation, Yiolenco, anu other outrag e~:~ tlouo by 'your par­ 46 for O'Connor, I challenge them to rise now, or when they have tisans and supporters. the floor in their own right, to deny it. Shades of Calhoun, and the Rhetts, and the other departctl heroic Democrats of South Carolina, who in years gone by bore uloft tho· Tim RLEVIcr llRJECTRD rOLLS. Democratic banner! Has it come to this, that a man will claim his The eleven polls which were rejected by the county canvassers seat on this floor because colored men in Soltth Carolina intimidated gave the following aggregate vote: Democrats f - Mr. DIBBLE. \Vill the gentleman permit me to ask him a f persons 'who >oted at these pro- Democrats T 1882. CONGRESSIONAL RECORD-HOUSE. 4341

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 ;::!'+< have voted for O'Connor if they had been left to their own free ""' ~-o::S. ~ ~ - were not counted as the committee has reported, or to assert on the _g ~~ - .0 ~ l"l ~:] floor that they were not so counted by the Democraticprecinctman­ ~g ~.~ ~=.o~ ~.8~ ~~~ agers. ~ z DALLOT-DOX STUFFING. .Although the majority of 879, shown to have been returned by the CITARLESTON COUNTY • managers of the elections to the county canvassers, is sufficient to l, 934 205 entitle the contestant to be seated, nevertheless I cannot refrain 8~%-rh~u:s~-:: :::: :: :::::: :::::: :::::: :::::: 763 135 from calling att<:>ution to the fact that the testimony shows that tho Market Hall ...... ----- .. ------1,196 71 contestant actually received a very much larger majority, and that Palmetto Engine-house ...... •.... 1, 5G8 G7 Hope Engine-~ou se ------2, 289 l, 071 it was reduced to 879 by a uniform system of ballot-box stuffing­ StonewaliEngme-house ...... 1, 237 22 by causing t.o be put iu the ballot-boxes at all of tho polls in the Eagle Engine-house--- -...... ------...... 2, 002 569 Congressional district but ten an excess of votes over voters on the \Vashln~ton Engine-house ...... •...... 837 379 :Uarion Eng-ine-houso ...... 1, 798 657 . poll lists, anu then by drawing out a number of ballots equal to that Ashley Engine-bouse.------...... 1,150 238 excess-an operation by which the >ote of Mr. Mackey was rcuuced, 642 95 and tho vote of :Mr. O'Connor greatly increased. t~£~ie~~~~~~~-s-~-- -_-_-_-_-_ -- -_-_:::::::::::::: 162 11 In reference t o these frauds tho contestant in his notice of contest Mount Pleasant. ---- .. ------...... ----- .... . 1, 016 190 Must er Houso ...... •...... --- .. 754 31 charged that at certain precincts tho >oto actually cast for him was n en Potter's ------...... 222 59 larger and tho vote actually cast for the conteste.o \v-as smaller than 618 ...... appeared on the face of the returns made by tho managers of tho ~~~~!~~;~i~!~~~~:::::::::::::::::::::: 219 35 election at those precincts; that tho difference between tho "V"oto as Saint Stephen's ...... GOO 68 248 7 actually cast and tho vote as returned by the managers arose from 589 1 the fact that at each of those polls numerous ballots, bearing con­ 749 ...... testee's name, " ·ere fraudulently placed in the ballot-box for tho l1ur­ 1 401 ...... ~~~~:~~ .. ::HLH:~~~EE 33!) 3 pose of creating in them an excess of \otcs O\Cr \Oters, and thereby Cross-Roads ...... •. 231 9 compelling the managers to draw out ancl destroy the excess of bal­ Twen~-two-Mile Houso .....•.. ---- ...... 604 5 lots thus created, in order to reduce the number of ballots in the uox Ten-Mile llill ...... 608 ...... to the number of names ~m tho poll list; that in drawing out of the 255 39 ~~~~p~~;ci_·_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_:::::::::: 668 ...... box at each of those polls tho excess of ballots so created., numerous 663 ...... l.Jallots with contestant's name thereon, which had been legally >otcd, 481 14 were drawn out n,nd destroyed, amlin their ,place was countecl a cor­ g!~FG~~~~:::::::::::::::::::::::::::::: 889 19 Tesponding number of ballots with contestee's name thereon which Enterprise ...... •....•.. 685 139 1, 083 ·------had not been legally voted. ~~~~t 1>~\- _-:::: .-.-.-::: :.-.-: .-:::::::::::::::::: 408 4 Neither in the answer of tho contestee, nor in the testimony pro­

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 or; that deponent held the office of notary public during Rai1l timo, and Total ...... 13,057122.48417,458jl8,337l7.569j~ was a stenographer by profession; that ho was employed by J;;. \V. 1\f. Mnokoy, esq., as steno~apher and notary public in the contoRt Gctweon E. W. M. Mackey and M. r. O'Connor for a seat in the Forty-seventh Congress of the U:ni~cd States, Majority for Mackey on the vote as actruillv cast by the people ...... 0,427 and that deponent acted aR stcno~raphor, amlsomotimos notary public ID Orange­ Majority for Mackey on the vote as counted and returned hy the precinct burgh County, in behalf of the Hun. l\1. r. O'Co1mor: tbot deponent took the testi­ managers...... 879 mony on the part of E. W.111. Mackey osq., in the couutiel'l of Charleston, Oran_ge­ Majorlt.y for O'Connor on tho Yote as finally c.'\nvllssed and returned by the bnrgh, and Clarendon, with tho exception of one or two dcpositious; that 1111 of the county canvassers ...... 5, 272 testimony so taken by deponent as stono_grapbor wn tmnscribcll froru l.Jis stono- 1882. CONGRESSIONAL RECORD-HOUSE: 4343

[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 shlppees, but turned same over to the ret=~pective parties named States court-room, at }.1ackey's house, and at Smith's house ; that above; ant! deponent knows nothing of his personal knowledge concerning the forwarding of tho same. the body of tho testimony to bo rewritten was in tho hanuwriting· E . II. HOGARTH. of llo~a,rth, tho notary public ; tha,t there were orasnres and inter­ Sworn to anu subscribetl before me this 17th day of Febmary, 1882. linea,twns in such testimony; that these interlineations were in tho (SEAL.) WM. W. MILLER, handwriting of Mackey; that sometimes wilolo pages were stricken, Notary Public, Richmond Counf:IJ, Georgia. out by drawin~ a, line over them; tha,t sometimes wilole pages were .. ~b.·. DAVIS, of :Missouri. Prom this affidavit it will a,ppear, first, inserted to which tilero was nothing corresponding in tho original; that E. H. Hogartil was employed as a, notary public and stenogmpher that Smitil in recopying this testimony omitted the portions orase<.l by ~11·. Mackey in tho contested-election case of Mackey '!:8. O'Con­ and inserted the interlineations; that when tho copies a,nd tho origi­ nor. In tile second place, he transcribed all tho testimony taken on nals were returned to Mackey ho destroyed the originals by -puttiug t he part of Mackey in his own handwriting. Third, he turned ov-er them in a stove or by tearing tilem up; that sometimes Smith's copies all the testimony so tmnscribcd to }.bckey himself. :Fourth, tilis were returneu to him witil fresh interlineations, aud ho made fresh ended his connection with this testimony, except tilat at v-arious copies; that Smith took packages of this testimony to tho express.. times afterwaru he signed certificates handed to him by ~:lackey, office and shipped thorn to the Clerk of the House of Representatives :mu jurat~ at the end of depositions, without comparing the deposi­ il}. the name of Ho~arth, the notary public ; that tilcse packages were tions with his original stenographic notes, taking it for granted that given to him by }.:lackey himself. the testimony he so signed was the same tha,t he had furnishecl Now, M:r. Speaker, the a,ffida,vit of this man C. Smitil stands un­ Mackey. Fifth, that this man Hogarth did not forward this testi­ contradicted except by Mackey . himself, who has made Smitil his mony, or any pa,rt of it, to tile Clerk of the House of Representatives witness in this case; who employed him as his confidential fricnu to· as required by la,w. rewrite tilis testimony; so· tilat it docs not become Mackey to attack In a word, this man Hogarth diu not know tha,t tho testimony sent tile credibility of this witness. was the testimony taken in the contested-election case of :Mackey vs. But it has been said, I understand, tllrough tho newspa,pers a,nd O'Connor. He did not know wilat he was certifyin~ to, because ho attempted to bo cilargetl on this floor tilat tilis man C. Smith took a, swears that he did not compare it with his short-ha,nd notes but tcQk bribe of $1,000 for ills vote while a, member of tho Soutil Carolina it for gmnted that it was the same testimony ho Ilad furnishocl to Legislature. \Vhy, sir, that only aggrava,tes the matter in my mind. l\fackoy. Here is a man, tile contestant in this case, who in open violation of Mr. DIBBLE. Has tha,t affidavit been controverted T the la,w has tile testimony in Ilis case in his possession anu wilo om­ Mr. DAVIS, of Missouri. That affidavit is not controverteu. :Now, ploys to rewrite tilat testimony a, man who it is claimed onght to I say that the facts sworn to by this notary public in this :tffidavit be in the penitentiary of South Carolina, if there is any sucil insti- Me sufficient of tilomselves to cause the suppression of the ucposi­ tution there. . tions in this case, and we need offer no other facts or circumstances. l\lr. RANNEY. Anu on his affidavit you base your wilolc case. ::\fr. ROBERTSON. llow did the testimony taken by Hogarth as Mr. DAVIS, of Missouri. No, sir. the nota,ry como to be sent to the Clerk of the House of Representa­ Mr. ATIIERTON. He is Mackey's confederate, at any mto. tives f You state that he did not send it. :Mr. DAVIS, of Missomi. But I will tell the gentleman from Mas­ Mr. DAVIS, of Missouri. I will como to that afterward; one point sachusetts that this is not all. This man Smitil stands corroborated at a time. I say that these facts alone which are contained in this by Hogartil himself-in wha,t f That ho turned this testimony ov-er­ affida,v-it of Hogarth are sufficient to suppress these depositions in to Mackey. any court in this bnd, and they ought not to be suffered to be used ~fr . RANl\TEY. Hogarth saiu it was sent back to Ilim and Ilo com­ in the trial of as important a case as one inv-olving a seat in tilis pared it. House. ~ir. DAVIS, of Missouri. I will como to that; one point at a, time. Therefore I said in my opening remarks tha,t this was an impor­ I say that Smitil is corrobomted by Hogarth in tho fact tha,t Ho­ tant matter, and that the gentleman from Pennsylvania Ilau over­ garth swears he turneu this testimony over to Mackey. llo is cor­ looked the real issue in this case. roborated by Ho~~rth in the fact that Hogarth did not send ono line But this is not all of this case. Tile next affidavit to which I would or one woru of this testimony to the House of H.oprcsentatives as call the attention of the House is that of C. Smith: required by the statutes of the United States. .AFFIDAVIT OF C. S)UTJl, l\lr. RANNEY. I do not wish to interrupt tho gentleman, but it appears that this notary compared the depositions-- STATE OF SOUTU CAROLL,A, Charleston County: Mr. DAVIS, of Missouri. I will come to that. I say that Smitil is Defore me personally came C. Smith, in response to a summons to testify as to corroborated by Mackey in the fact tha,t he was employed by l\lackey certain matters in a contest entitled E. W. M. Mackey t'B. M.P. O'Connor, and "who bein~ dnly sworn, says: I was employetl by E. \V. M. Mackey to write out as his confidential friend to rewrite this testimony ; that in the next the testimony1 taken in his behalf in the contest between himself and Mr. O'Con· place he did rewrite it under the direction of Mackey; antl in tho· nor for a seat in the forty:-seventh Congress; this writing was done at the home of next place it was not forwarded to tho Clerk of the House of Repre­ Colonel Mackey, the Umted States court-house, and at,my room. The body of tes­ timony was in the handwriting of E. ll. Hogarth, stenographer and notary public, sentatives by tho nota,ry, but by this ma,n Smith. llut more than and there were interlineations, erasures, anaportions of the original sheets were cut that, Smith is corroboratcu by the fact that he was in a position to out and ot-her sheets substituted, and sometimes left out entirely; that sometimes know tho facts to which he swea,rs when no other man except him nearly a whole page was struck out by drawing a line across it; that the interlin· :tnu Mackey were in such a position to know thorn; and above all, bo­ eations were in tlte handwriting of E. W. M. Mackey; that the copy made by me omitted the erasures and inserted the interlineations; that sometimes whole paf!eS is corroborateu by tho profound silence that reigned for more than a of this testimony in the handwriting of Colonel E. W. M. Mackey- would be Jn· year over tills innocent job of recopying this testimony. }'or thirteen serted, and of whicll there was no original in the handwriting of Mr. Hogarth months this innocent job of recopying this testimony rema,incd a, pro­ the notary public, that I saw; that sometimes when I returned the originals and found secret ; a,nu it was never discovered except by accident. It my copy of the same Colonel Mackey destroyed the originals by placing them in a stove, or destroying them by tearin~ them up ; that in some instances the copy was never discovered until the manuscript was in tho hands of tho matle by me was returned interlined and I maue fresh copy with such corrections. Public Printer in tho city of Washi!lgton. The interlineations last mentioned were also in the hand writing of Colonel E. W. I say that this man Smith is corrobomto(l by tho further fact that M. Mackey; that the notary public, Mr. Hogarth, placed his seal and signature to the not one word of tho testimony on file in this House is in tho hanu­ testimony as it was handed to him without makin& any comparison with the origi· nals, as in many instances, as before stated, the onginals hatl been destro~ed, and writing of Hoga,rth, the notary. Hogarth swears that he tmnscribed also without making any comparison with llis short.hand notes; that is, m every this testimony in his own handwriting, yot not one line or one word case in which I was present my impression is that I saw him sign nearly all of tho of tho testimony on the part of 1\ir. Mackey in tile Ilandwriting of testimony, certainly more than half of it; that in the case of \V . .A. Zimmerman Hoga,rth is on file in tbis House or over has been. the testimony as ccpied by this deponent was submitted to him for his signature; that he declfued to sign the same until certain corrections wero made in it; that Is not that a fact, that the testimony as transcribetl by Hogn:rth is the testimony as submitted was not correct, and that unless the correctjons were not on file in this House and never has been f No ma,n will dispute made he would not sign the same ; that this testimony of Zimmerman's I returned tha,t fact. to Mr. Mackey, and r never recopied it, and it was not signed by Mr. Zimmerman when I returned it to Mr. Mackey; that in the case of :Major 1'. A. Haguenin the Now, I will leave this man C. Smith. I do not rely on Smith's· testimony as copied bJ" me was handed to him; be glanced over it and said, "I affidavit. We will take the other side, and I hope some memb~r _oi suppose it is all righ~J aud.signed it; that! may have submitted other testimony, the sub-committee, if I do not state their position just exactly as 1t 1s, but cannot now recau the other cases where I submitted them for signatures; that will correct me, for honestly I do not want to ma,ke other tha,n a :Mr. Hogarth in certifying these papers would certify anumber of them at one time and without comparison as aforesaid; that I took a number of packages of the fair, straightforwaru, true statement of this case. testimony to the express office and shipped them, in the name of lli. Hogarth, to The wa,y I look at it, Mr. Speaker, is this : that there is no noces-. the Clerk of the House of Representatives; that the statements herein apply only sity for exaggeration; thatthe facts arc ofthomsolves entirelysuffi- 1882. CONGRESSIONAL RECORD- H.OUSE. 4345

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..its. What arc they' First, he presents seventy-six affidavits of :Mr. D.A. VIS, of Missouri. It will be obseryed, :L\fr. Speaker, that seventy-six men who swear they were witnesses in the contested­ this is a letter addresseergotti, and T. A. Huguenin, STATE OF Sot:TU CAROLL'U., Oharleston Oounty : as contained in the Jllintcd volurue of tho testimony in the case of Mackey u. O'Connor, with tllo ori~inal stenographic notes of the said deposition!'~, and that Personally appeared G. H. F. Graham, who, being dnly sworn, says tbat ho bas tho depositions as printed correspond in every particular with tho original steno­ carefully road in t.be >olume of the printed testimony in tho case of Mackey vs. graphic notcf! of such depositions. O'Conner, (pageR 175 to 180,) the deposition mado in that cause by deponent, and that Deponent furt.hor says that tho printed depositions of the other witnesses nametl tho said deposition is in every particular the deposition made by deponent before in tlto communication of Colonel 'lraokey llavo not been compared with the origi· E. H. Hogarth, notary public, on the 1st day of Eebruary, A. D . 1881, and taken by tbo saitl Hogarth in short-ham!; that after said deposition was written out, nal stenographic notes because of tho want of tiruo on llie P£~\r~ tredG~~H. deponent read tbe same aud subscribed to it before the said E. H. Hogarth; that Sworn to ucforo me tlli:s ~ i th of February, 1883. tleponent is snro that tbere bas been no garbling of, alteration in, or a.dditions to (SEAL.) IV.:~!. K. ~ITLLER. the said deposition. Deponent further swears tbat the said deposition is true in :i ota;·y Public, Rich1nond County, Georgia. every particular, and to tho truthfulness of each and e>ery statement contained therein deponent again makes oath. 11r. DAVIS, of Mis omi. Now, it will be observed from this reply· G. H. F. GRAHAM. that :Mr. Hogarth com11arctl fourteen of these depositions, as ho :Mr. DAVIS, of :Missomi. That, l\1r. Speaker, is t•erbatim-et litem­ states- th e depositions of fourteen witnesses-with his short-hand tint the a.ffid::nit of every one of these seventy-six men, with the ex­ notes, and he says he found them to correspond in every p:trticular. ception of the pages of tho testimony rcferre 282 to 2BG; :Moore, 286 to 2C9. Then he skips Tho Clerk read as follows : Lathrop, on page 264 to 271, and goes to W ebster on 272 to 273. An

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 deemeo to do is simply to show that notary public, instead of sealing up and transmitting the testimony thoro was a chance for fraud . .as the law requires, passed it to the Clerk ofthe House through the Now, was there not e>cry room for framl and c•ery chance that hands of the contestant, Mr. Mackey Y time, circumstance, ancl secrecy could afl'ord f Mr. DAVIS, of Missouri. That is what he swears. lie says he Gentlemen, if you will decide this CflSe on this testimony, then you did not know anything about forwarding the testimony to the Clerk throw open the door wide to fraud in this House in contested-election of the House of Hoprescntatives. cases. But I intended to call the attention of tho Honse to another Mr. VAN VOORIIIS. Does tho gentleman mako any question on fact. I feel so tired I do not know whether I shoulcl go on or not. the fourteen depositions which the stenographer swears are correct [Cries of" Go on!"] I will call attention, then, to the in•estigation .a.ccording to his minutes f of this question of fraud, and I will say but a few words about it. Mr. DAVIS, of Missouri. ·why, sir, tho most remarkable circum­ You know it has been charged time and arrn.in on this floor that stance to my mind connected with this whole case is the fact that this matter of forgery and francl in tllis case tas been sifted to the the majority of tho committee rely upon the fourteen depositions bottom; that we have gone to the bottom of it in the Committee on which this man Hogarth says he compared with his stenographic Elections. I do not say that is not so. I do not contradict any man. notes and found to be correct in every particular. Tho gentleman from Pennsylvania [Mr. ~fiLLER] has said so; but Mr. VAN VOORHIS. Does it hurt your case to strike out all the let us see wbat we have done, ane of the House t.o summon all witnesses the contestant or con­ he compared with his stenographic notes and fouml to be correct, testee may name, to be examined as to the truth of tho char$es made. any man in this IIouse can be unseated. How Y He goes to work Remember that when he filed this communication in the shape of a .and employs a notary public to take his testimony, first entering into motion he filed also certain affidavit with it, and those were filed for an agreement that he shall have possession of the testimony and that, the purpose of supporting that motion and to show the committee as in tho case of Mr. Mackey, it shall be rewritten by persons em­ there was reason for the investigation. Now, docs that committee ployed by him for that purpose. The testimony is thus rewritten, do what he asked them to cloY Isaytheydidnot. Therecordshows and it remains a profound secret for thirteen months that he ever that after he had filed this communication ~md these affidavits tho bas had it in his possession or that he rewrote it; the fact is discov­ committee passed a resolution on the 1st of March requiring Mr. Dib­ ered by mere accident, and after this discovery, not one word of tho ble to file on that day all of his affidavits in support of his motion, testimony being in tho original form as prepared by the not:uy, tho and that Mr. Mackey, by the 3d day of 1\farch, should file his counter notary comes in aud closes up the gap by saying "this testimony is affidavits, and that the 6th day of March should be sot for final argu­ just exactly as it was taken." I say that any man in this House can ment, thirty minutes on each side. be unseated if you establish such a precedent. Dy such a method I say this was all that was done ; and here, on the 29th of May, not of proceeding you substitute this notary public for all the witnesses one other affidavit has been filed or permitted to bo filed in support who have testified in the case. After all the rules and laws for the of tho claim set forth by 1\Ir. Dibble. He simply filed the affidavits proper !)reservation of testimony have been violated, you allow this to show that there was reason for investigation. Did the committee man to step in and close up all tho gaps, to testify for all the wit­ order the investigation Y No. Did they ask lc:we of tho Honse to nesses in the case. summon Hogarth and SmithY No. Did tbey ask leave of the Honse Mr. VAN VOORIDS. Inasmuch as tho fourteen men swear their to summon the witnesses mentioned by either tho contestant or con­ .evidence is correct- testee f No. Did they ask the House te take any means, any just :Mr. DAVIS, of Missouri.· They do not, all of them. or fair or equitable method to inquire into the charges which wero Mr. VA...~ VOORHIS. And the stenographer swears it is correct, made in this case f Not one. No, I am sorry to say, nothing has a.nd Mackey swears it is correct, what evidence have you, or can you been clone of that kind ; and yet we are asked, I bclie>o the gentle­ possibly procure to the contrary f man from New York asked the question, "Can you point out any- 4348 CONGRESSIONAL RECORD- HOUSE. l\fA_Y 30~ thing wrong in these papers?" in these fourteen depositions. l\-Ir. trict of South Carolina. And ::my policy that is intended to thwart Dibble asks that the committee investigate the matter of the alleged and defeat that will is wrong. [Applause on the Republican side.]' alterations or forgeries, and the committee refused to do it. I know not who inaugurated this policy; I know not whether this· Mr. BRUMM. May I ask the gentleman a question¥ fight is maue under the leaucrship of Northern or Southern Demo­ Mr. DAVIS of:Missouri. Yes, sir. crats . . :Mr. BRU:M:~:!. I want to ask the question for my own informa­ llt.;T TIJ.L:RE IS O).'"E Tn~G I IJO KNOW: twn. The people of this country have arrived at that period in their his­ 1\Ir. D.A VIS, of Missouri. Very well. tory when the popular will as expressed at the ballot-box shall be· Mr. BRUMM. I understand. the gentleman to say that ~Ir. Dib­ recognized. [Applause.] ble's position is that he wants an opportunity te investigate certain I do not presume to speak for any other constituency on thisfioorthan charges alleging that certain things may have occmTed, and certain my own, anu I speak for as noble, as high-minded, as bravo, and as wrongs may have been committed 'I chivalrous a people as God has yet made on this earth. [Applause.] Mr. DAVIS, of Missouri. I do not know anything about what he I do not speak for any narrow district in which the lines are tightly wants. I know what I want. drawn between black and white. I speak for a district in which Mr. BRUMM. Well, is not that your position ' there is a majority of more than ten thousand white voters. I speak. ~fr. DAVIS, of Missouri. Yes, sir. for a district that embraces tho historic Mr. BRU~HI. If so, then the Democratic position upon this ques­ tion is simply this, is it not, that- "TEXTll LEGIO~" of Virginia Democracy-the counties of Rockingham, Shenanuoahr Of all the words of ton~e or pen, The saddest are these, 'It might baYe been." and Page-the citadel of Democracy in its most uesperato battles with. its opvonents, where Andrew Jackson loved to turn for encouragement· [Derisive laughter on the Democratic side.] against his leagued enemies, and in whose -valleys and alon~ whose· Mr. DAVIS, of Missouri. Upon reflection, I believe that is so. hill-sides the voice of Henry A. 'Vise, conqueror of know-nothm~ism 1 . [Laughter and applause.] lingers like a legend of romance· and I toll you those people uavo­ Mr. Speaker, I occupy a different position with reference to this lifted their voices in unison with the omnipotent demand of the people­ case from any member of the Committee on Elections. .Why is that f throughout tho country that tl1ere shall be everywhere a free ballot I diu not sign either report. I did not sign the mnjorH.y report be­ and a fair and honest count. The masses of tho people are honest; cause it said that E. W. l\1. l\Iackey was elected in 1880. I say I do there is a sentiment of justice, a love of fair play in the American not know whether he was elected or not, because I cannot give any heart that has only scorn an

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 e miles of fencing left; the houses, established principle that public iudeutedness follows territory. barns, factories, mills burnedj all was gone. How un(J'ra.teful it is This principle is fully recognized by American courts and by tho that these gentlemen from the Muthjoinm applauding the sentiment Congress of the United States in settling the claimsofthe StatesfoF that charges Virginia with repudiation when she was the battle­ moneys loaned to the Federal Government to conduct the war oi grOtmd and tho camping-ground for four years of both armies! And 1812, so illus~rated in the case of Massachusetts. Upon Virginia's slle followed you reluctantly, l1Ild you know it; and you know that equitable share of the principal so determined her proposed settle­ one of the inducements held out to your own people in tho South to ment computes interest at the rate nominated in the original bond impel them into secession was that Virginia. would be tllo battle­ to July 1, 1882, when wo propose to refund her part of the debt in ground, and that the war would never hurt you or touch your ne­ new bonds bearing 3 per cent. interest, and for her share of the in­ groes awn.y down South. She was the battle-ground and the breast- terest so determined as of July 1, 1863, augmented by the balance or work ofthe South. · interest on her share of the debt accrued meanwhile and remaining ?lfr. WILLIS. Defore the gentleman passes away from the ques­ unpaid as of that date, all of which will more fully and cle:1rly a.p-­ tion he is now discussing, as my colleague [1\fl:. llLACKDURN] is not pear by an inspection of the following account, the same constitut­ here, I think I should say that the gentleman is entirely mistaken ing the basis of her proposed settlement. And I say here that it in the quotation ho has made as to tho scaling of any debts by the remains to the temerity of all self-styled debt-payers in Virginia to­ State of Kentucky. Our State has never scaled or repudiated her assail in any particular either the statements or the methods of the debts. account here submitted, and I challenge gentlemen who represent 1\fr. PAUL. I mado that quotation in order to put tho gentleman here that political faction in Virginia to the proof of any irregu- · on his guard. larities in that respect; I defy them to show wherein it fails on tho Mr. CARLISLE. Kentucky never scaled ono dollar of her debt part of our own State of Virginia to assume every dollar of her equi­ to the extent of one mill. table share of the indebtedness of the olcl State; wherein it fails to­ A 111EMBER. Go to the census and see what it says. account for every dollar of accrued and unpaid interest on her part­ 1\Ir. CARLISLE. I do not care what the census says. for her share of the debt of the old State: 4352 CONGRESSIONAL RECORD-HOUSE. MAY 30,

.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.