1890. CONGRESSIONAL RECORD-SENATE. . 843

- Also~ resolutions by Whitebreast Alliance, No. 982., Lucas County, SEN.A.TE. Iowa, for same measure-to the Committee on Agriculture. Also, resolutions by Union Alliance, No. 1270, Farley, Dubuque SATURDAY, December 27, 1890. County, Iowa, for same measure-to the Committeo on Agriculture. The Senate met at 12 o'clock m. Also, resolutions by New Albany Farmers' Alliance, No. 470, Story Prayer by the Chaplain, Rev. J. G. BUTLER, D. D. County, Iowa, for same measure-to the Committee-on Agriculture. The VICE PRESIDENT. The Journal of Wednesday's proceedings . Also, resolutions by New Albany Farmers' Alliance, No. 470, Story will be read by the'Secretary. County, Iowa, urging speedy passage of same measure-to the Com­ . Mr. HOAR. Very well; let the Journal be read, if there is no ob­ mittee on Agriculture. jection. .Also, resolutions by Cedar Valley Alliance, No.1648, Bremer County, The Journal of the proceedings of Wednesday last was read and ap­ Iowa, urging speedy passage of same measure-to the Committee on proved. Agriculture. Mr. HOAR. I move that the Senate adjourn until 12 o'clock on Also, resolutions of Farmers' Alliance No. 1803, Hardin County, Monday next. r~~=~-=-=-=-=-10...... ,;w;;:a;;;;=.-.fo-r:...csc;11....::.m__:__e.;.....m~eas-ure-to the Committee on Agriculture. 1 The motion was agreed to; and (at 12 o'clock and 5 minutes p. m.) Also, resolutions by Buffalo Township Farmers' Alliance, Buchanan the Senate adjourned until Monday, December 29, 1890, at 12 o'clock County, Iowa, for same measure-to the Committee on Agriculture. meridian. Also, resolutions by Ivy All,iance, Polk County, Iowa, for same measure-to the Committee on Agriculture. -Also, resolutions by Iowa State Grange, urging passage of same measure-to the Committee on Agriculture. SENATE. AJso, resolutions by Hardin County Alliance, No. 1492, Iowa, for same me.asure-to the Committee on Agriculture. MONDAY, December 29, 1890. • Also, resolutions by East Butler .Alliance, No. 1279, Clarksville, The Senate met at 12 o'clock m. Iowa, for same measure-to the Committee on .Agriculture. Prayer by the Chaplain, Hev. J. G. BUTLER, D. D. Also, resolutions by Pleasant Alliance, No. 1713, Pleasantville, Iowa, W .A.DE li.A..MPToN, a Senator from the State of South Carolina., ap· for S!l.Ine mea.su.re-to the Committee on Agriculture. peared in his seat to-day. Also, resolutions by the Invincible Farmers' Alliance,.Whitewater The Journal of the proceedings of Saturday last was read and ap­ Township, Dubuque County, Iowa, for same measure-t-0 the Commit­ proved. tee on Agriculture. Also, resolutions by Excelsior Alliance, No. 1311, Marion County, SEN.A.TORS FROM ID.A.HO. Iowa, for same measure-to the Committee on Agriculture. The VICE PRESIDENT. The Chair lays before the Senate a com­ Also, resolutions by Middle River .Alliance, No. 1090, Iowa, urging munication from the governor of Idaho, which will be read. passage of same measure-to the Committee on Agriculture. The Secretary read as follows: Also, resolutions by West Side Allin.nee No. 678, Dunlap, Iowa, for EXECUTIVE OFFICE, STATE OF IDAHO, same measure-to the Committee on _Agriculture. , · Boise City, December 20, 1890. .Also; resolution by the Iowa Improved Stock Breeders' Association, To the President of the Senate of the United Slates, jrashington, D. C.: urging passage of the Conger lard bill and the anti-option bill-to the Sm.: I ba.ve the honor to transmU herewith a. certified copy of the proceed­ Committee on Agriculture. ings of the joint session of the Legislature of IdahQ for the election of United States Senators at Boise City, Idaho, December 18, 1890. '• By Mr. HERMANN: Memorial of the Chamber of Commerce of Also the certificate of tb.e go'l.·ernor of Idaho, attested by the secretary ofstate, Portland, OrE\:,ITQn, favoring passage of the Torrey bankrupt bill-to the of the election of the persons therein named as Senators of the United States. Committee on the Judiciary. With considerations of the highest regard, I remain, Your obedient servant, By Mr. KENNEDY: Resolutions of the Clark County (Ohio) Farm­ NORMAN B. WILLEY, GO'Dernor. ers' Institute, against further appropriation for arid lands-to the Se­ l~t Committee on Irrigation of Arid Lands in the United States. The VICE PRESIDENT laid before the Senate the credentials of By,l:r: 1\icCLELLAN: Petition of J.M. Wade and 10 others, citi­ George L. Shoup, a Senator elect. from tne State of Idaho; which were zens of La Grange County, Indiana, who earnestly urge upon Congress read and ordered to be filed, as follows: the necessity of the passage of House bill 5353, defining options and EXECUTIVE OFFICE, STATE OF IDAJIO, futures; stating that they are profoundly impressed with the conviction Boise Oily, Idaho, December 19, 1890. that the gigantic gambling devices known as short selling, in which one To thePresidmtofthe &nateofthe United Slates: party agrees to sell what never did and never will exist, and the other SIR: "Whereas it is certified to me by the presiding officers and clerks of the senate and house of representath-e.s of the first session of the Legislature of agrees to buy what is never to be delivered t.o him, has been n. potent t.he State of Idaho t.bn.t in joint session of the senate and house of representatives cause in producing the ruinous agricultural depression from which the George L. Shoup was elected a. Senator of the United States f.or the Sta.t.e of country has suffered and has caused unjust and fictitious prices to be Idaho: Now, therefore,L George L. Shoup, governor of the State of Idaho, do hereby established by the chance ofgainsin which theactualpurchasers have certify that at a.joint session oft.he senate n.nd house of representativ~s of said not consented to participate. Firmly believing that the products ot El'ta.te, du1y convened and held at Boise City, Ida.ho, the capital of said State, on toil should not be compelled to compete with the products of mere the 18th day of December, A. D. 1890, a majority of all the n1embers of the Le&"· islature elect being present and voting, George L . Shoup received a majority gambling audacity, they solicit the passage of said bill; to the end that of al I the votes cast at &'1.id joint session for Rena tor of the United States for the the real, sweat-created products may no longer be mere shuttlecocks in State ofidaho, and was duly elected and so declared elected as said Senator the monstrous gambling game between ''bulls'' and ''bears' '-to the by the presiding officer of said joint session, under and by virtue of the provi­ sions of section 14 of .Article XXI of the constitution of the said State and as pro­ Committee on Agriculture. vided by law. By :Mr. STONE, of l'ilissouri: Petition of J.C. A. Miller and others, Given under my hand and the seal of the State, at Boise City, Idaho, the da.y for passage of the antioption bill-to the Committee on Agriculture. and yea.r first above written. [sEAL..] GEO. L. SHOUP, Gorernor. Also, petition of George F. Brown and 35 others, citizens of Jasper By the governor: County, Missouri, praying for passage of a bill to repeal the special A. J. PINKIIAM, Secretary of State. limitation on claims of State militiamen disabled in the military serv­ ice of the United States, and to subject them to the limitations of the The VICE PRESIDENT h\id before the Senate the credentials of general pension laws-to the Committee on Invalid Pensions. ·wmin.m J. McConnell, a S~nator elect from the State of Idaho; which Also, petition of W. S. Shivel and 25 others, citizens of Henry County, were read and ordered to be filed, as follows: Missouri, for same relief-to the Committee on Invalid Pensions. EXECUTIVE OFFICE, bTATE OF' IDAHO, Also, petition of John W. Ireland and 5 others, citizens of same Boise City, Idaho, Duember 19, 1890. county, for same relief-to the Committee on Invalid Pensions. To tlie President of the Senate of the United Slates: Sin.: Whereas it is certified to me l>y the presiuing officers and clerks of the Also, petition of William S. Keller and 19 others, citizens of Cedar senate and house of represen ta ti ves of tbe first session of the LegislAture of the County, Missouri, for same relief-to the Committee on Invalid Pen­ State of Idaho that in joint session of the senate and house of representatives sions. William J. :McConnell was elected a Senator of the United States for the State of Idaho: Also, petition of James Salle and 59 others, citizens of same county, Now, therefore, I, George L. Shonp, go"Vernor of the State of Idaho, do "hereby for same relief-to the Committee on Invalid Pensions. certify that at a. joint session of tho senate and house of representatives of said Also, petition of Wick Morgan and 107 others, citizens of Dade State, duly convened and held nt Boise City, Ida.ho, the en.pita.I of said State, on the 18th day of J)ecember, A. D. 1890. n. majority ot a.II the members of the County, Missouri, praying passage of same measure-to the Committee Legislature being present and voting, \Villiam J. l\IcConnell received a ma­ on Invalid Pensions. jority of all the votes cast nt said joint session for Senator of the United Sta.tes .Also, petition of Arthur Eckert and 30 others, citizens of St. Clair for the State of Ida.ho, and was duly elected and so declared elected as said Senator by the presiding; officer of saidjointsession under and by virtue of the County, Missouri, for same relief-to the Committee on Invalid Pen­ provisions of section 14 of Ar~cle XXI of the constitution of said State and as sions. provided bylaw. By .Mr. TOWNSEND, of Colorado: Petition of citizens of Northeast­ Given under my hand and the seal of the State, at Ilois6 City, Idaho, the day and year firsL above written. ern Colorado, for an appropriation to sink artesian wells for irrigation­ fsEAL.] GEO. L. SHOUP, Gotiemor. to the Select Committee on Irrigation of Arid Lands in the United 13y the governor: States. A.. J. PINKJLU(, Secretary of Blate. 844 CONGRESSIONAL RECORD-SENATE. DECEMBER 29,

Mr. HOAR. I understand Mr. Shoup is present-- its appearance for the first time as a member of the Union by repre­ Mr. V ANOE. As the new State of Idaho has more than its share of sentation in this body. The papers also stated that the Legislature Senators-it bus been announced, I believe, thatit elected threeto this had gone to the extent of assigning to each one of the members elected body-I move that those papers be referred to the Committee on the term for which he should serve, which is contrary to our rule, as Privileges and Elections. the constitutional provision indicates; and !thought it was eminently l\ir. HOAR. I make a motion which takes precedence, that Mr. proper that that question should be determined by the appropriate Shoup, who is now present, be admitted to take the oath. T~ere are committee of this body for deciding such questions. I state now that only two Senators chosen, I underst~d, for the present Congress. the credentials ought to go there. It will not involve any delay. The The third one relates to the term beginning the 4th of March. Senator just sworn in does not know for what term he was sworn in. The VICE PRESIDENT. The question is on the motion of the He has not been assigned. I think the committee ought to determine Senator from Massachusetts. that matter and arrange everything in order. The motion was agreed to. Mr. .MITCHELL. I can inform the Senator from North Carolina The VICE PRESIDENT. The Senator elect will please come for­ that I have reJiable information that so far as one point of his informa­ ward and take the oath of office. tion is concerned it is wholly unreliable. Neither ,the Legislature of Mr. Shoup was escorted to the Vice President's desk by Mr. HOAR, Idaho nor any of the Senators elected have attempted in any shape, and the oath prescribed by law having been administered to him he manner, or form to determine who shall have the long term or who took bis seat in the Senate. shall haYe the short term. So far as that is concerned it is a false re­ The VICE PRESIDENT. The Chair Jays before the Senale a reso­ port; there is nothing in it. lution of the Legislat.ive Assembly of the Territory of Oklahoma; which So far as the election of three Senators is concerned, it is perfectly will be read. regular and in order. Every Senator here who has investigated the ?11r. HARRIS. What became of the motion of the Senator from matter knows that the term of one of the two Senators elected must North Carolina [Mr. V A.NCE] to refer the credeutials of the Idaho Sena­ expire on the 4th day of March next. That being µue and the Leg­ tors to the Committee on Privileges and Elections? That mCltion was islature of Idaho being in session almost immediately preceding thEf made by the Senator from North Carolina. The Senator from Massa­ expiration of the term on.the 4th of ~farch next, it was not only their chusetts [Mr. HoAB] made a motion which took precedence of it, which right, as the Senator will see, but their duty to efect a Senator for six was to swear in a Senator upon his prima facie case. He has been sworn years whose term should commence at the expiration of the term of in upon his prima facie case, but the motion remains pending to refer one of these gentlemen, whose term must expire on the.4th of March the credentials, and I think that question takes precedence of other next. As was stated by the Senator from Wisconsin, unless there is business until disposed of. some suggestion upon the part of the Senator making this motion or Mr. PLATT. I should like to make a parliamentary inquiry. The S'lme other Senator that there is something irregular or out of form in swearing in of one Senator from Idaho of course makes a prima facie the credentials of Senator SHOUP that have been presented, wherefore case for him. the necessity of referring them to the Committee on Privileges and l\ir. HARRIS. For him, of course. Elections ? · · Mr. PLATT. Now, another Senator has been elected by the Legis­ Mr. HOAR. Mr. President, it seems to me this is a vecy simple· lature of Idaho to this Congress, and he is not here. Suppose the mo­ matter. The State of Idaho has been admitted to the Union during tion of the Senator from North Carolina should prevail, would that a session of Congress. It is entitled, as of course by the act of admis­ pre,ent his being sworn in when he should arrive here, and thus be sion, to be represented at once in the Senate ofthe United States. That not pnt upon an equal footing with the other Senator who was elected representation which it is entitled to at once must, of course, be a rep­ at the same time and who has already been sworn in? resentation by the s~nators it has elected for terms which have begun. 1tfr. HARRIS. That would depend wholly upon the facts of the case. In accordance with the usage of the Senate from the beginning of the If he had a primafacie case, ~ as the present Senator has, I take it for Government, carrying into effect the constitutional provisions that Sen· granted he would be sworn in. But the reference of the credentials is ators shall be divided into three classes, there is an equal number of certainly a matter of right, and the Senator from North Carolina, a Senators now in each of the three classes, and besides two of the class8!i member of the Committee on Privileges and Elections, hllS moved thr1t those whose terms end in 1891 and 1893, there .is one additional they be referred. beyond the number of those entitled to serve in the present Congress. The VICE PRESIDENT. The motion of the Senator from North It therefore is absolutely clear and unquestionable that one of the two Carolina is in order. Senators elected for Idaho for the terms which are now in process of Mr. SPOONER. It bas not, I believe, been customary to refer to ebpsin~ must go out on the 4th of March, 1891, and the Constitution the Committee on Privileges and Elections the credentials of a Senator requires that those two Senators shall be assigned to the class to which which are upon their face in accordance with the act of Congress uµ• they are respectively to belong by the Senate itself. less there be some suggestion that back of the credentials there is a , Mr. SHERMAN. By lot. question as to the right of the Senator to be sworn in. I understand Mr. HOAR. The Constitution says nothing about by lot. That that no such question is suggested or can be suggested as to the cre­ was begun, however, on the inauguration of the Government. Now, dentials of the two Senators who have been elected to serve in the pres­ we have but two credentials presented, and upon one of them Mr. ent Congress, although a question has been suggested as to a third Sen­ SHOUP has been sworn in. It seems to me, therefore, that the other ator who was elected. credentials should wait upon the table until the Senator presents him­ I suggest that the credentials of the Senator whose term is to begin self and then the Senate will deal with the question of his taking the before the 4th day of March lie on the table, as is usual in such cases, to oath, and after he baa taken the oath the Senate will determine between await his appearance here to be sworn in, no question appearing as to the those two Senators to what terms they shall be assigned. That is all sufficiency of his credentials; and aa to the other case, if Senators desire clear and plain sailing. the question considered as to the power of the Legislature to elect a Now, in regard to the term which is to begin on the 4th of March, third Senator, the term to begin on the 4th of March, the Committee 1891, if there were no act of Congress at all, under the Constitution as on Privileges and Elections may very well be called upon to consider interpreted and acted upon before there was.any act of Congress upon and report upon_that matter. the subject, the Legislature of the State would at a rewmnable time Mr. PLATT. His credentials have not yet been presented. before the beginning of that term elect a Senator to fill it. That has Mr. SPOONER. His credentials, I t>nderst:md, have not yet be~n been done by Idaho. Within nine or ten weeks of the 4th of March, presented. If the second Senator whose term is to begin · before the 1891, that Legislature has elected a Senator whose term is to begin at 4th day of M~rch should appear herehewould be entitled to be sworn in. that time. There will beyond any question be a vacancy at that date, Mr. PLATT. The term of one of the two Senators will expire on the because one of these gentlemen must go out on the 4th of:March, 1891. 4th of March. ' In addition to that constitutional provision there is an express act Mr. SPOONER. No matter about that; he is entitled, when he comes of Congress which says that the Legislature elected last betore the ex­ here, if his credentials are in fair form, to be sworn in, as I understand piration of the term of the person who has been elected to the Senate it; and if we should refer his credentials to the committee it might in­ shall elect his successor the second Tuesday after its organization. A volve delay. It is an unusual practice and should not be done unless Senator has been elected; the term is to expire on the 4th of March some question is suggested as to the validity of his election, which I next; and therefore within the express provision of that act of Con· understand there is not. gress it was the duty of the Legislature of Idaho to elect his successor; .Mr. VANCE. Ur. President-- and he is the third Senator who is spoken of. The VICE PRESIDENT. The Chair would remark, before the Sen­ Mr. PLATT. But that question does not arise now. ator from North Carolina proceeds, that the motion made by him was 1t1r. HOAR. The question upon that Senator's election can not be clearly in order, and the Chair inadvertently laid a communication be­ dealt with until the Senate assembles after the 4th of March, 1891, in fore the Senate before-puttinj? that motion. the next Congress. Mr. VANCE. I understood, sir, that I had the right to make the Mr. SPOONER. His credentials are not here. motion, and I made it. I stated, or at least I intimated, the grounds Mr. HOAR. His credentials are not here, and we have nothing to upon which I thought it proper that the credentials shoulugo to the do with that case. We have nothing to do, it seems to me, but to Committee on Privileges and Elections. The newspapers stated that admit the two Senators as they present themselves to take the oath, three Senators were elected from the State of Idaho; which is making as we have already admitted one of them. As the Senator from Wis- 1890. CONGRESSIONAL RECORD-SENA.TE. 845 consin has properly said, it has never been the custom of the Senate to Connecticut in case all three of the gentlemen chosen presented the~ refer the credentials of Senators unless there is some question as to the credentials and asked to be sworn in, how would the Senate determin9 formality of the credentials- or the formality of the election. that any two or any, one were legally elected and the other was not? Mr. CARLISLE. Mr. President, the question as to the right of the Mr. STEWART. Mr. President-- Senator chosen-by the L~gislature of the State of Idaho to take his The VICE PRESIDENT. Does the Senator from Kentucky yield seat after the 4th of March next is of course not now before the Senate, to the Senator from Nevada? and I do not propose to discuss it, but I think the remarks made by Mr. CARLISLE. Certainly. the Senator from Massachusetts deserve a brief notice at least. Mr. STEWART. Does not the Constitution provide that the Sen­ The Senator takes the position that, because it is generally known ate shall be divided into three classes and that the number shall be that one of the Senators first chosen by the State of Idaho must close kept as nearly equal as possible, and is it not the fact now that out of his serdce on the 4th of March next, therefore the Legislature has a the three classes one class has twenty-eight Senators and thoothertwQ right to ~lect in advance somebody to take his pln.ce. I think that classes twenty-nine each? Then, is it not perfectly certain that the under the Constitution of the United States and under the law of class having twenty-eight as a matter of law under the Constitution Congress to which reference has been made by the Senator no election must be first filled? It so happens that the terms of the Senators of can take place in the State Legislature to fill a vacancy until it is le­ the class now having twenty-eight in it expire on the 3d of March next, gally known that that vacancy will occur, and when the Legislature the last day of the present session. Under the law is it not impera· which was elQcted last before it is legally known that the vacancy has tive upon the Senate under the Constitution to fill that class first? If oceurred- has-, assembled, then the law of Congress provides that on a that be the law and that class must be first filled, as a matter of law certain day that Legislature shall proceed to choose a successor. If does it not follow that it is legally kno.wn now that there will be a va­ the vacancy occurs during the.session of the Legislature, then the law · cancy after the 3d of March in that class, which must be filled by one also provides that on a day after notice of the vacancy has been given of the Idaho Senators? the Legislature shall proceed to elect a successor. In this case the Mr. CARLISLE. The Senator will remember that the point I have Legislature of the State of Idaho has chosen three Senators upon the endeavored to make was simply this, that although we have known general supposition or general information that when t.he seats of these as a matter of fact that the classes stand precisely as the Senator states Senators are drawn for hereafter one of them will draw what is ca1led they do, yet the Legislature can not proceed to elect under the Consti­ the short term, and that term will expire on the 4th of March. tution and the laws until that bas been legally determined by the ac­ I say, Mr. President, after it bas been determined by·the Senate in tion of the Senate, by the two Senators-elect drawing lots. the constitutional and lawful way 'that there will be a vacancy from Mr. STEWART. When the fact is shown by our record, is there the State of Idaho in this body after the 4th of March next, and what anything left but the question of law? When the fact is known that vacancy, the Legislature of the State of Idaho, if it is then in session, one class has twenty-eight Senators in it and the other two classes have may proceed at once under the act of Congress on the day fixed by the each twenty-nine Senators, is it not known as a matter of law that one act to choose his successor. If, on the contrary, tqe Legislature of the of the Senators from Idahowill fill the classbaving twenty-eight Sen­ State of Idaho shall not be in session at that time and therefore shall ators? We have our record before us which shows the fact, and then­ not elect a successor, and the vacancy sha11 occur on the 4th day of ns a matter of law we know there must be a vacancy. March next during the recess of the Legislature, the appointment will Mr. CARLISLE. But the Senate must take action. The very law be made by the governor of the State under the Constitution. to which the Senator refers, or rather the Constitution on which the Mr. HOAR. Will the Senator allow me to ask him a question? law is based, provides that the Senate itself shall clo certain things in Mr. CAHLISLE. Certainly. • order to. determine that a vacancy will occur. We know, with reason­ l\Ir. HOAR. Is it not already as certain as anything possibly can able certainty at least, that the Senate .will take that action hereafter; be that there will be a vacancy on the 4th of March, 1891? but it bad not taken that action at the time when the Senator was Mr. CARLISLE. Whatvacnncy? We know that when the lots are elected, and it bas not taken it yet. drawn hereafter it will then be determined that a vacancy will occur, l\fr. STEWART. Can the Senate, as a matter of law, take any other but the point I make is that the Legislature has no right to proceed action than to assign one of these Senators to the term ending on the upon that supposition, but must wait until it has been legally deter­ 3d of March next? mined that a vacanc_y will occur, and that can only be done under the Mr. CARLISLE. The Senate ought not, as a matter of law, to take Constitution by the drawing of lots to determine which of the Sena­ any other action; butthe Senate can refrain entirely from doing so and tors shall bold the short term and which the long term. I imagine there is no power anywhere to compel it to proceed. there never was a case in the history of this country where a Legis­ Mr. STEWART. Then the violatioP. of the law would be a violation lature chose three Senators at once, actually electing three Senators at on the part of the Senate of the United States, and not on the part of the same time, with their credentials all made out and all ready for pres­ the Legislature of Idaho? . - entation to the Senate of the United States. That is the case here. Mr. CARLISLE. nut the Senator's objection does not meeil my According to these credentials each one of the Senators is just as much argument. The Senator says we know as a matter of fact that the entitled as any other one of them to present his certificates and a.sk to be classes stand a.she states, and that under the Constitution the Senate sworn in as a Senator, and the fact that one of them may see proper to should proceed to determine by lot which one of these Senators shall withhold his credentials for the time being does not affect the legal or hold the short term and which one shall hold the longer term; but the constitutional question. . Senate ba.s not yet taken that action nnd had not taken thataction at the Three gentlemen have been chosen by the Legislature of Idaho and time the election was held. Therefore, it has not been legally deter­ to each ofthemhas been issued the credential prescribed by the law in mined in the manner prescribed by the Constitution itself that a va­ regular form, and each and every one of them has the right to come cancy is to occur on the 4th of March next. here and present his credentials and ask to be sworn iJr. That is cer­ Mr. STEWART. Then, shall we reject now the election of a Sena­ tainly a very singular state of affairs, and it results from the fact that tor after the 4th of March whose term commences on the 4th of March the Legislature of the State of Idaho did not wait until it was legally on the hypothesis that the Senate of the United States will not obey ascertained that there would be a vacancy on that day and then pro­ the Constitution? ' ceed in accordance with the law of Congress to choose a successor. l\Ir. CAHLISLE. As I stated at the beginning of my remarks, we As was stated by the Senator from Massachusetts [Mr. HOAR], this are not now dealing with the rights of the Senator chosen to tnke his seat whole l_>roceeding in the Legislature is regulated by law, and the law after the 4th of March. We are simply dealing now with the motion must be complied with. When it is legally and constitutionally known made hy the Senator from North Carolina [Mr. VANCE] to refer the.se to that Legislature that a vacancy is to occur, then, and then only, credentials to the Committee on Privileges and Elections, which if can it proceed to make the election, in my judgment. done I suppose will result in an inquiry by that committee and in a Mr. HA.WLEY. Will the Senator allow me to ask him aquestion? report of some kind on the whole question • :Mr. CARLISLE. Certainly. . .Mr. PASCO. Will the Senator allow me to make a suggestion? Mr. HAWLEY. Is it not absolutely impossible for it to be other- Mr. CARLISLE. Certainly. , wise than that there shall be a vacancy? Is it not imperative under Mr. PASCO. I should like to suggest to the Senator from Kentucky, the Constitution that there shall be a vacancy on the 4th <;>f March in case the two gentlemen elected as Senators, who have not appeared, next? · f should not present themselves here before tho 4th of March, so that the Mr. CA.RLISLE. I think so. drawing for their terms can not take place until after that time, whether Mr. HAWLEY. Did any Legislature ever have the right to elect two in that case the situation would not be entirely changed and one might Senators whose commissions should expire on the same day? not draw a six years' term instead of a shorter term? Mr. CARLISLE. Of course not. Mr• .CARLISLE. That suggestion simply illustrates the prol_>osition Mr. H AWLEY. Then could the Legislature of Idaho be any more I have been making, that the Legislature must wait until it has been certain of that fact six months hence than it is to-day? . legally determined that there is a Yacancy and then proceed to elect. Mr. CARLISLE. I will answer the Senator by asking him a ques­ Mr. STEWA.H.T. What right has the Senate to wait when Senators tion. As I have alr€ady stated, each one of these gentlemen bolds come here entitled to take their seats? precisely the same form of credentials. Mr. CARLISLE. The Senate is not waiting. Mr. SANDERS. I wish to correct the honorable Senator. l\1r. STEWART. What constitutional power bas the Senate to re-­ Mr. CA.RLISLE. In one moment. I wish to ask the Senator from fuse to assign one of these Senators to the short term ending on ihe 4th 846 CONGRESSIONAL RECORD-SENATE. DEC:i.p:J\IBER 29' of March, they being here present? Has it the power under the Con­ thereof; or if either house fails t.o give such majority to any person on that day the fact shall be entered on the journal. At 12 o'clock meridian of the day stitution to refuse that? If it has no power to do it under the Consti­ following that on which proceedings are required to take place as aforesaid, tution, then the violation of the Constitution will be by the Senate, the members of the two houses shall convene in joint assembly, and the journal and not by the Legislature of Idaho. of each house shall then be read, and if the same person has received a majority of all the votes in each house he shall be declared duly elected Senator. But l\fr. CARLISLE. As I understand the Constitution, the Senate can if the ea.me person has not received a. majority of the votes in ea.ch house, or if not proceed to determine this matter by lot until two Senators have either house has failed to take proceedings as required by this section, the joint appeared. assembly shall then proceed to choose, by a viva voce vote of each member fres­ ent, a person for 8enntor, nnd the person who receives a majority of al the Mr. STEWART. That is true. votes of the joint assembly, a majority of all the meirberselected to both houses Mr. CARLISLE. So far only one gentleman has appeared. Sup­ being present a.nu voting, shall be declared duly elected. If no person receives ::tll all such majority on the first day, the joint assembly shall meet at 12 o'clock me­ pose three appear. The credentials of three are here, I under­ ridian of each succeeding day during the session of the Legislature and shall stand. take o.t least one vote until o. Senator is elected. Mr. PLATT. The Senator is mistaken about that. SEO. 16. 'Vhenever on the meeting of the Legislature of any State a vacancy Mr. SANDERS. Mr. President, I have frequently myself suffered exists, etc. from the situation that now troubles the honorable Senator from Ken­ This certificate simply says: tucky, in being prepared to argue a point when, to my discomfiture, the Whereas it is certified to me by the presiding officers and clerks of the senate and house of representatives of the first Ression of the Legislature of the State same did not arise. of Ida.ho that In Joint session of the senate and house of representatives \Villiam The State of Idaho is one of the States of the United States, entitled J. l\IcConnell was elected a Senator of tha United States for thp State of Idaho: under our Constitution to two Senators on this floor. The credentials Now, therefore, I, George L. Shoup, governor of the State of Ido.ho1 do hereby certify that at o. joint session of the senate and house of repres~ntat1ves of said of two Senators have been here presented. One of the Senators has made State.duly convened and beld at Boise City ,Ide.ho, the capita.I of said Sto.te,on the his appearance and has taken the oath prescribed by the Constitution. 18th day of December, A. D. 1800, o. majority of all the membersofthe Legislature The other has not yet presented bimseH: There have been credentials being present and voting, \Villiam J . .l\IcConnell received a majority of all the issued, according to the newspapers, to a third citizen of Idaho, em­ votes cast at said joint session for Sena.tor of the United States for the State of Ide.ho, and was duly elected and was so declar~d elected as said Senator by the powering him to represent that State on this floor from and after the presiding officer of said joint session, under an\l by virtue of the provisions of 4th day of March next. There is no question that the State of Idaho section 14 of .Article XX:lof the constitution of said State o.ndo.sprovided bylaw. is entitled to be represented by two Senators here to-day. The cre­ Mr. President, it is possible and very probable that there were cer­ dentials of her two Senators have been presented here. Whether the tain papers transmitted to the governor, and they may or may not have credentials of the Senator elected to represent that State a.ft.er the 4th been transmitted to the Senate. I believe it is often the case that the_ of next March are or are not valid and entitle him to be heard npon proceedings of the joint assembly and of the separate assemblies are not this floor as her representative will arise when the credentials them­ embodied in credentials. selves are presented, and not before. The VICE PRESIDENT. The Chair has the certificate signed by It is not plain that the provision of the act of 1866 whereby we fixed the officers of the joint meeting, and if Senators desire it will be read. the second Tuesday after the assembling of the Legislature elected next Mr. COCKRELL. I ask that the proceedings may be read. before a vacancy occurred applies to a condition of affairs like this. Mr. HOAR. I desire to ask the Senator, before the reading proceeds This is the creation of a new State, the inauguration of new rights, and and before he passes away from that point, if he does not agree with instantly upon the admission of that State the Senators elected by her me in thinking that, if the governor of the State had certified that on Legislature are entitled to sit here.• · a certain day .A. B had been duly elected a Senator of the United States It is not true that the State of Idaho has assumed to issue credentials for such a term from such a State, that would be a sufficient credential. to three individuals entitling them to sit here now. The credentials, Mr. COCKRELL. I ain not disposed to question that; but the Sen­ I understand, of the gentlema:p. elected as it was supposed by the Leg­ ator will remember that there have been a great deal of pains taken to islature to represent that State after the 4th of next March, show that have the certificates from the different States certified in a certain way, that was the design of the Legislature. I think myself it is a lair ques­ and I am simply saying that tbisisnotcomplyipgwith the law. Here tion whether it was competent for that State to anticipate the action is the statute requiring certain things to be certified, and they are not of the Senate, although that anticipation was simply that she would certified. I do not say that would vitiate the right of a Senator to hold act in conformity to the Constitution and elect an individual to repre­ his seat. I ask that the proceedin~s may be read, because they may sent her on this floor until the Senate had so acted. explain points that I may wish to discuss. . _ Therefore I think it right that those credentials, and I think it Mr. SPOONER. If the Senator will allow me a moment- right, indeed, that all these credentials, should be referred to the Com­ l\1r. COCKRELL. If the Senator will simply let these proceedings mittee on Privileges and Elections; but I do not understand that it be read it may narrow the question. is any objection to the motion which was made by the honorable Sen­ :M:r. SPOON EH.. Before they are read, if my friend will permit me ator from M~chusetts that the oath be administered to the Senator­ a moment-- elect who was here. I still see no objection to administering the oath Mr. COCKRELL. I should be very glad to yield to the Senator from to the two Senators whose credentials, in pursuance of the constitu­ 'Wisconsin, but I m\ll)t yieid to numerous Senators on the floor who are tional right of the State of Idaho, have been presented here. If the conversing socially. When they get through with their social conver­ credcmtials that are otherwise presented do not conform to the rights of sation I will bear ihe Senator. that State it is not a very grievous difficulty, for the legislative au­ The VICE PRESIDENT. Senators will resume their seats. [A thority of that State will be in session upon the day presCI'.ibed by the pause. J The Senator from Missouri will proceed. act of 1866, and can again proceed to elect a Senator to represent the Mr. COCKRELL. Now, Mr. President, I will yield to the Senator State here. I am, however, of the opinion that everything that has from Wisconsin. been done by the Idaho Legislature, as to the conferring of authority Mr. SPOONER. I only wanted tosayto the Senator from Missouri upon these three citizens of that State, has been in strict conformity that the Committee on Privileges and Elections J?ave some attention, with the constitutional right of the Htate. as be says, to the form of credential which 1:1hould be given under tho Mr. COCKRELL. Mr. President, the quefltion before the Senate is act of Congress for Senators, and the comwittee approved a form which the reference of the certificates of the two Senators-elect which havd is very brief and which certifies that a certain person was duly chosen been read. I hold in my hand one of those certificates certifyin~ to as a Senator of the United States. I have not known since I have been the election of William J. McConnell. Now, by a comparison of this in the Senate a single instance where papers upon wh1ch the governor certificate with the requirements of the law of July 25, 1866, found in actec:l were transmitted to the Senate in order that the Henate might the Revised Statutes, sections 14, 15, 17, and 18, I find that the stat­ decide whether he was authorized to issue his certificate or not. This ute bas not been complied with, and therefore it would be a proper very act of Congress, if my friend will turn to it, provides what shall question for the credentials to be reforred to the Committee on Privi­ be the evidence afforded to the Senate of the election. It provides that leges and Elections. I think they are sufficient to entitle the Senator the'8enator shall come with a certificate of his election signed by the to be sworn in upon bis prima facie case, and even after the credentials governor and attested vr countersigned-I do not remember the lan­ of the Senator who is not present have been referred to the Committee guage-by the secretary of state. on Privileges and Elections, should he come to the Senate Chamber, Mr. COCKRELL. I will read the exact language of the section. on motion I think it would be a. privileged question that he should be Mr. SPOONER. That has always been, since I have been a mem­ sworn in as a Senator upon the prima facie case. The fact that tho ber of the Committee on Privileges and Elections, the evidence ac­ credentials bad gone to the Committee on Privileges and Elections cepted of the election of a Senator, and in. no instance have I known a would not deprive the Senate of the right of having him sworn in. transmittal of the record of the bodies or mem hers of the two houses, The sections of the Revised Statutes to which I have reforred pro­ because the act as it now stands does not contemplate the assem.bling vide that- of the two bodies, although it may be legal, but a meeting of the mem­ Thc Legislature or each State which is chosen next preceding t.he expiration bers of the two houses. I have known of no instance where the papers of the time for which any Senator was elected to represent such State in Con­ under which the governor issued his certificate were transmitted ex­ gress shall, on the st-cond Tuesday after the meeting and organization thereof, proceed to elect a Senator in Congress. . cept in one case. SEC. 15. Such election shall be conducted in the following manner: El\ch Mr. COCKHELL. If the Senator wiU recall the papers in the ease house shall openly, by a viva voce vote of each member present, name one per­ of the distinguished Sena.tor from Vermont, they set out not only the son for Senator in Congress from such State, and the name of the person so voted for, who receives a maiority of the whole nuwber of votes cast in each proceedings of the separate session, but gave the names and the votCli house, shall be entered on the journal of that house by the clerk or secretary and the entire proceedings in the body of the certificate. =- 1890. CONGRESSIONAL . RECORD-SENATE. 847

Mr. SPOONER. That does not conbravene my statement. In some There is no question that the present State of Idaho would have a right cases the long form of credential has been used, and, if it alleges the to ele_ct a Senator whose term of office should begin on the 4th of l\Iarch --jurisdictional fact, that is sufficient, although it is not necessary that nex~, but in attemptin~ at the same time to elect three Senators a very it should be of such length. In nearly every instance (and that was the grave question is raised, which may very well go to the Committee on fonn approved by the committee) the short form of certificate has been _Privileges and Elections. . · . . transmitted, alleging that .the person named was dnly chosen by the As was suggested by the Senator from Kentucky [Mr. CARLISLE], Legi.slatme a Senator of the United States. . there ~as been no legal determination by the Senate of the classifica­ .·. 'Vhat I stated was that the certificate provided for by the act of Con­ tion of the two Senators. from Idaho at the present session of the Senate. gress bas been considered the evidence of the election, and that in no Until that classification is made no determination can be reached that case have I known the transmittal, in addition to the certificate, of a third Senator should be elected. separate papers containing a record of what was laid before the gov­ . It was said by the Senator from Nevada [Mr. STEW .A.RT] that under ernor as to the action of the two houses. the forlliler classification we as a matter of fact knew that there must Mr. COCKRELL. I think it has been done in over half the cases be one Senator assigned to the class having twenty-eight Senators and Of credentials presented here. I remember the case of the Senator necessarily that there would be a Senatorial vacancy on the 4th of from West Virginia [Mr. lf.AULKNER]-- March. - The whole difficnlty there arises from the fact that the Legis­ 1\Ir. SPOONER That was in the case of a contest and the contest­ lature had not the power to classify the Senators who were elected to ant sent up all the papers. this body. This 1is to be done by the Senate itself under Article I, Mr. COOKRELL. I understand; but even in cases where there is section 3, clause 2, of the Constitution, which provides- no contest the certificate of the governor in many instances sets out the Immediately after th~y shall be assembled- enth~e proceedings both in the house and senate, and that is strictly in compliance with this law. This refers to the first Senate convened under the Constitution­ .Mr. SPOONER. I admit that. Immediately after they shall be asseIDbled in consequence of the first elec- tion.t they sluill be divided as equally as may be into three classes. The seats of Mr. COCKRELL. I do not say that because the proceedings are not the ::senators of the first class shall be vacated at the expiration of the second so set out the credentials are vitiated at all, because the law says in year; of the second class, at the expiration of. the fourth year, and of the third sections 18 and 19: class at the expiration of the sixth year, so that one-third may be chosen every second year. . ,.. It shall be the duty of the executive of the State from which any Senator has been chosen to certify his e)ection, under the seal of the State, to the President The practice of the Senate conforming to the provisions of the Con­ oftbe Senate of the United States. SEO. 19. The certificate mentioned in the preceding section shall be counter­ stitution has been to classify the Senators as they came in. Three Sen­ signed by the secretary of state of the Bta.te. ators have been elected by the Legislature of Idaho. What authority I do not say that these things are ne~essary, but the Senate and the has the Senate to select from among those three Senators who shall be Committee on Privileges and Elections have at different times tried to the two Senators to take thefr seats at the present session? secure some uniformity, as I have always understood, in the certifi· Mr. MITCHELL. I will tell the Senator, if he will allow me. cates, so that no question might possibly be raised, and therefore I com­ Mr. REAGAN. Very well. mented upon these certificates. But if there is something accompany­ l\1r. MITCHELL. The Legislature of Idaho itself _elected one of the ing them, some explanation of the' proceedings of the houses. showing three for the term to commence on the 4th of March next. that all these requirements were complied wit~, the Senate ought to Mr.REAGAN. The Senatorinanswering tbatqnestion comes U{)On have that, and I suggest. that the paper be read at the Secretary's desk. _a still greater difficulty for him. What authority had the Legislature Mr. REAGAN. Mr. President-- of Idaho to classify 'the Senators so as to determine the question? · ltfr. COCKRELL. I do not yield. I have been trying for half an Mr. MITCHELL. May I answer the question? hour to have that paper read. · I want it read or I shall read it myself. Mr. REAGAN. Certainly. The VICE PRESIDENT. The paper referred to will be read by the Mr. MITCHELL. It is because it is legally and constitutionally Secretary. known now to every body that the term of one of the Senators that the The Secretary read as follows: Legislature of Idaho had a right to elect to take his seat now must ex­ STATE OF lDAHo, Hall of the House of Rep1·esentatives. pire on the 4th of March next, and therefore the fa.ct of a vacancy that This is to certify that at a meeting of the two houses of the Legislature of the will occur ~n the 4th of March next is already legally and constitu­ State of Idaho in joint assembly held on Thurs'day, the 18th day of December, tionaJiy determined by the drawings which have heretofore taken place - ..A. D.1890, at noon, a majority of all the members of each house being present in seating other Senators and filling the various clas.%8 in the Senate. and voting, it was found, upon examination of the journals of the respective houses. that upon Tuesday, the 16th day of December, A. D.1890, being the second Mr. REAGAN. That brings us back to the question presented by ' Tuesday afler meeting and organization of the Legislature, each house had by a the Senator from Kentucky [Mr. CARLISLE], that the Legislature ot viva 'Voce vote voteti for a United States Senator for the State of Idaho, and that Idaho could not classify the Senators, and that having elected three the same person had not received a majority of all the votes cast in each house. Thereupon both houses injointassemblyon Wednesday, the 17th day of Decem­ Senators here the Senate had no right to determine which two of the ber, A. D.1890, at noon, met and proceeded to ballot for a United States Senator three shall be Senators. Hence I dissent entirely from the view pre­ for the State of Idaho, and, the same person not receiving- a majority of all the sented by the Se.nator from Montana [1\1r. SANDERS], that it was vote~ cast, said joint assembly adjourned and reconvened on Thursday, the 18th day of Deceml>er, A. D. 1890, at noon, and proceeded to ballot fora United States right and proper to swP.ar in the Senator who bas already been sworn Se11ator; wl1ereupon said joint assembly by an open vivavoce vote of the mem­ in. No one of the three ought to have been sworn if we int.end to bers present, all the senators and representatives being present and voting, did follow the law. If we inten~ to act in conformity with the require­ adopt the following resolution: . "ltesolv.ed by the joint assembly o.f the senate and house of representatives of the ments of the Constitution, no one of the three Senators-elect should Legislature of the St11te of Ida.ho, That we proceed to elect two United States Sen­ have been sworn in until the credentials were referred to the Commit-- ators to fill existing vacancies, and that after such election we immediately pro­ tee on Privileges and Elections and that committee had reported to the ceed to elcctooe United States Senator to fill a vacancy occurring l\Iarch4, A. D. 18!ll." · · , Senate as to what two of the Senators, if any of them, were entitled to That thereupon the joint assembly of the Legislature of the State of Idaho, seats upon this floor. every member of each house being present and voting thereon, proceeded to The proceedings of the Idaho Legislature-no doubt were carried on choose and elect· a United States Senator for the State of Idaho by vivavocevote of e!lch member present, and thereupon George L. Shoup received a majority in good faith as to them, ~nd they, consulting their own convenience, , ' of all the votes of1:he joint assembly and was thereupon, by the presioingofilcer tqought it was proper to elect the three Senators at that time, but of said joint assembly, declared duly elected a Senator of the United States for when the question comes to the Senate the Senate has to determine - the State of Idaho. Thereupon, all the members of both houses of the Legislature of the State of which two of the three Senators are to be sworn in. The official paper Idaho still being present, said joint assembly forthwith proceeded in the same which comes from the governor of Idaho shows that three were elected. manner, by viva voce vote of each member present to choose and elect a second I

lature to assume that they could elect three Senators, two for unex­ The roll call was concluded. pired terms and one for a fall term. l\Ir. COCKRELL. I announced that I was paired with the Senator Mr. SANDERS. I should like to ask the Senator from Texas a from Iowa [Mr. ALLISON], forgetting at the moment that my pair had single question. If, upon his own theory, when two Senators were been.transferred to the Senator from Indiana [Mr. VOORHEES]. I now elected, until the period when the term of service of one of them should announce that the Senator from Indiana [Mr. VooRml~Es] is paired be determined here, the authority of that Legislature was not f unctu.'3 with the Senator from Iowa [Mr. ALLIRON], and I vote "nay." officio, could they elect any more then until the Senate bad det~rmined Mr. GEORGE (afterhaving voted in thenegative). Iobservedafter the date when one of them should cease to be a Senator? I cast my vote that the Senator from New Hampshire [Mr. BLArn], Mr. REAGAN. That is a question that may well go before the Com­ with whom I am paired, is absent. I therefore withdraw my vote. , - mittee on Privileges and Elections. It is a question of such import l\fr. CAMERON. I am paired with the Senator from South Caro­ that I would not undertake to answer in response to the question with­ lina [Mr. BUTLER]. If he were present, I should vote'' yea." out time for consideration and investigation. .l\Ir. SPOONER. l\:Iy colleague [Mr. SA WYER] is necessarily ab·ent The fact is that a blunder has been committed. · The majority have from the city and is not paired. If he were present, be would vote the power to override the law; they have the power to dispose of this "yea." I transfer my pair with the Senator from Mississippi [l\ir. case contrary to law; but the facts stand upon record that three Sena­ WALTHALL] to my colleague, so that my colleague will stand paired tors were elected, and that the Legislature of Idaho had no right to as­ with the Senator from Mississippi, and I will vote. · I vote "yea." sign these Senators to their places, and the Senate had no power to de­ Mr. DAVIS (after having voted in the affirmative). I am paired termina which of the three are entitled to take their seats. That is the with the Senator from Indiana [l\lr. TURPIE], and withdraw my vote. position I propose to take; and the Senate have already blundered in Mr. HALE (after having voted in the affirmative). Is the Senator swearing in one of the Senators, because the whole question as to the from North Carolina [Mr. RANSOM] recorded as voting? credentials of these Senators ought to have gone to the Committee on The VICE PRESIDENT. He is not recorded. Privileges and Elections. Mr. HALE. I am paired with that Senator, and withdraw my vote. Mr. HOAR. I move to lay the pending motion on the table: Mr. DOLPH. I had forgotten that I had agreed with the Senator Mr. HARRIS. Let us have the yeas and nays on that motion. from Wyoming [Mr. WARREN] to transfer my pair with the senior The yeas and nays were ordered. Senator from Georgia [Mr. BROWN] to him. I now announce that l\Ir. MORGAN. Will the Chair please state the motion? transfer of pairs and vote. I vote '' yea.'' The VICE PRESIDENT. The motion of the Senator from l\fa..,sa­ The result was announced-yeas 22, nays 15; as follows: chusetts is to lay the pending motion of the Senator from North Caro­ YEAS-22. lina on the table. On this question the yeas and nays have been Aldrich, Hawley, Plumb, Stockbridge, ordered, and the roll will be called. Allen, Higgins, Power, Teller, The Secretary proceeded to call the roll. Casey, Hoar, Sanders, 'Vashburn, Dolph, McMillan, Sherman, Wolcott. Mr. CALL (when his name was called). I am paired with the Sen­ Evarts, Mitchell, Spooner, ator from South Dakota [Mr. PETTIGREW]. If hew.ere here, I should Frye, Morrill, Stewart, vote "nay." NAYS-15. Mr. CARLISLE (when his namewa.s called). · I am paired with the Bate, Gibson, McPherson, Reag~n, Senator from North Dakota [Mr. PIERCE]. If he were present, I should Cockrell, Gorman, :Morgan, Vance, vote "nay." · Coke, Harris, Pasco, Vest. Mr. CHANDLER (when his name was called). I am paired with Edmunds, Kenna. Pugh, the junior Senator from New Jersey [l\fr. BLODGETT]. If he were ABSENT-50. present, I should vote ''yea.'' Allison, Colquitt, Hear.st, Ransom, Barbour, Cullom, Hiscock, Sawyer, Mr. COCKRELL (when his name was called). I am paired with Berry, Daniel, !~alls, Shoup, the Senator from Iowa [Mr. ALLISON]. Blnckburn, Davis, Jones of Arkansas, Squire, Mr. CULLOM (when his name was called). I have a general pair Blair, Dawes, Jones of Nevada, Stanford, Blodgett, Dixon, Manderson, Turpie, with the Senator from Delaware [1\Ir. GRAY], and I shall withhold my Brown, Eustis, Moody, Voorhees, vote for the present. Butler, Farwell, Paddock, 'Valthall. l\fr. DOLPH (when his name was called). I am paired with the Call, Faulkner, Payne, Warren, Cameron, George, Pettigrew, Wilson of Iowa, senior Senator from Georgia [1\Ir. BROWN]. If at liberty to vote, I Carey, Gray, Pierce, 'Vilson of Md. should vote "yea." I shall withhold my vote unless it may be neces- Carlisle, . Hnle, Platt, sary to make a quorum. " Chandler, Hampton, Quay, Mr. EUSTIS (when his name was called). l desire to state that I The VICE PHESIDENT. . The vote disclosing the absence of a am paired with the Senator from Nebraska [:\fr. PADDOCK]. If he were quorum; the roll will be called. here, I should vote "nay. 1' The Secretary called the roll; and the following Senators answered Mr. CULLOM (when Mr. FARWELL1S name was called). My col­ to their names: league [Mr. FARWELL] has a general pair with the Senator from Ohio Aldrich, Dolph, Hoar, Reagan, [Mr. PAYNE]. Allen, Edmund!!, Kenna, Sanders, Bate, Eustis, M:cl\lillan, Sherman, Mr. FAULKNER (when his name was called). I am paired with Berry. E"'art..~. :McPherson, Spooner, the Senator from Pennsylvania [Mr. QUAY]. If be were present, I Blackburn, Faulkner, Manderson, Stewart, should vote "nay.". - Call, Frye, l\Iitchell, Stockbridge, Cameron, George, :Morgan, Teller, Mr. HAMPTON (when his name was called). I am paired with the Carlisle, Gibson, Morrill, Vance, Senator'from Rhode Island [Mr. DIXON].' I do'notseehiminhisseat, Casey, Hale. Pasco, Walthall, and I withhold my vote. I should vote "nay," if he were present. Chandler, Hampton, Pnyne, Washburn, Cockrell, Harris, Platt, Wilson of Iowa, !Ir. HISCOCK (when his name was called). I am paired with the Coke, Hawley, Plumb, Wolcott. Senator from Arkansas [Mr. JONES]. As I do not see him in bis seat I Cullom, Iliggins, Power, withhold my vote for the present. Davis, Hiscock, Pugb, Mr. MANDERSON (when his name was called). I inquire if the The VICE PRESIDENT. Fifty-four Senators hav~ responded to Senator from Kentucky [l\Ir. BLACKDURN] has voted. their names. A quorum is present. The VICE PRESIDENT. Ile has not voted. Mr. HOAR. Mr. President, I ask unanimous consent that the call Mr. MANDERSON. I am paired with that Senator and withhold for the yeas and nays be withdrawn, that the motion be withdrawn, my v:ote. I should vote "yea'' ifhe were present. and that the credentials be referred to the Committee on Privileged l\fr. PAYNE (whenhisnamewascaUed). IampairedwiththeSen­ and Elections. ator from Illinois [Mr. FARWELL], and withhold my vote._ If I were The VICE PRESIDENT. Is there objection to the request of the not paired, I should vote "nay." Senator from Massachusetts? .Mr. CASEY (when Mr. PIERCE'S name was called). My colleague .Mr. GORMAN. We did not hear the request. [Mr. PIERCE), who is necessarily absent, is paired with the Senator Mr. VANCE. What is the reg_uest? Let it be again stated. fi'om Kentucky [Mr. C.A.RLISLE]. 1\1r. ROAR. I ask unanimous consent that the call for the yeas and 1\ir. PLATT (when his name was ca1led). I am paired with the nays be wi tbdra.wn, that the motion to lay on the table·be withdrawn, Senator from Virginia [Mr. BARBOUB]. and that the credentials be referred to the Committee on Privileges l\fr. SPOONER (when bis name was called). I have a general pair and Elections. with the Senator from Mississippi [Mr. W ALTIIALL]. He does not The VICE PRESIDENT. Is there objection? The Chair hears seem to be present, and I withhold my vote. If he were here, I should none, and the credentials will be so referred. vote "yea. " · Mr. EDMUNDS. I ask unanimous consent to make what may be Mr. ALLEN (when Mr. SQUIRE'S name was called). My colleague called a personal explanation. [Mr. SQUIRE] is paired with the Senator from Virginia [l\Ir. DAN­ I voted against the motion to lay on the table because I thought the IEL]. motion itself was not in order, falling under the twenty-second rule, as Mr. WILSON, of Iowa (when his name was called). I am.paired one of the motions upon bills, like a motion to postpone indefinitely, or with the.Senator from Maryland [Mr. WILSON]. If :he were present, whatever. I am very glad my friend from Massachusetts has with­ I should vote "yea." drawn it, and I only make this explanation in order that a motion to .:- 1890. CONGRESSIONAL RECORD-SENATE. 849

lay on the table a motion to refer shall not be drawn into precedent granting a pension to Mrs. Elizabeth Canaday; which was referred to from this case. the Committee on Pensions. _ Mr. HOAR. I ask leave to say that I understand, with great defer- He also presented a petition of 9 citizens of .Altoona, Polk County, . ence to the greater'experience of the Senator from Vermont, that it is Iowa, praying for the passage of the Conger lard bill; which was or­ in order, both as a matter of general parliamentary law and as a mat­ dered to lie on the table. ter of parliamentary law as interpreted by the usage of the Senate, He also presented a petition of 9 citizens of Altoona, Polk County, and that it is clearly implied in Rule XXII itself, that you may move Iowa, praying for the passage of the antioption bill; which was re· to lay a subsidiary motion, like a motion to refer o:- any other motion, !erred to the Committee on Agriculture and Forestry. on the table, the only effect being that, if it is carried, it carries the Ilfr. PADDOCK presented a petition of Highland Allianee, No. 812, Whole pending subject with it, except in the case of an amendment, in ·praying that as the Union Pacific Railway bas failed to fillitB contract regard to which we have n special rule that an amendment may be laid with the Government their mortj!aj!;es be foreclosed; and also praying on the table without carrying the whole pending question with it. for the passage of a free-coinage bill; which ~as referred to the Com­ MESSAGE FROM THE IlOUSE. mittee on Finance. A message from the House of Representatives, by Mr. MARTIN, its He also presented a petition of the New York Board of Trade and Chief Clerk, returned to the Senate, in compliance with its request, the Transportation, praying for the passage of the Torrey bankruptcy bill; . following bills: · which was ordered to lie on the table. · A bill (S. 4476) directing the issue of a duplicate Qf·a lost check He also presented a petition of the National Grang~ of Patrons of drawn by A. W. Beard, collector of customs, at the port of BostOn, Husbandry, praying that the surplus in the national Trea.sury be used Mass., in favor of De Blois & Co.; and· · to retire the national debt at par, and be so dispensed as to increase A bill (S. 4620) to establish the Record and Pension Office of the the circulating medium; also praying for the free coinage of silver and War Department, and for other purposes. the maintenance of the paper money of the United States independent of the national banks, and also that Congress fix ihe volume of cur­ SCHOOL LANDS IN OKLAHOMA TERRITORY. rency at not less tban $40 to $50 per capita, etc.; which was referred The VICE PRESIDENT presented a resolution of the Legislative to the Committee on Finance. Assembly of the Territory of Oklahoma; which was read, as follows: He also presented a petition of the Columbia Typographical Union, TERRITORY OF OKLAHOMA, EXECUTIVE OFFICE, of Washington, D. C., praying fo.r the passa~e of House bill 10881, re­ Guthrie, December 21, 1890. lating to copyrights; which wa.s ordered to lie on the table. To the President of the &nate of the United States: He also presented a petition of the members of the bar and other I have the honor to inform you that the following is a. true copy of the resolu­ tion unanimously adopted by the Legislatiye Assembly of the Territory of Okla,. citizens of Nebraska, praying for the passage of Senate or House bill homa this day. for the increase of salaries of the United States district judges; which It is sincerely hoped favorable action may be taken thereon by your honor­ was referred to the Committee on the Judiciary. able body. Very respectfully, He also presented a memorial of the board of managers of the New GEO. W. STEELE, Governor, York Cotton Exchange, remonstrating against the passage of the Con­ ger lard bill and praying for the passage of the Paddock pure-food House concurrent resolution No. 25. bill; which was ordered to lie on the table. Whereas the sixteenth and thirty-sixth sections of the public lands of the Re also presented a memorial of the wholesale and retail grocery Territorv of Oklahoma are reserved by the United Sta.tee from settlement and trade and general merchants who deal in lard, bf Cincinnati, Ohio, re­ intended to be held for the benefit ot the public schools; and . 'Vbereas said lands are now being entered upon and occupied in clear viola­ monstrating against ~he passage of the Conger lard bill; which was tion oflaw; and ordered to lie on the table. . 'Vhereas the people of said Territory are very much in need of funds for the He also presented a memorial of the representatives of the wholesale purpose of establishing and maintaining a system of public schools; and Whereas q uite a considerable sum of money might be raised annuallyfor that and retail grocery trade and general merchandise of Kenton, Ohio, re­ purpose from r ents of said school lands: Therefore, monstrating against the confirmation and enactment of the so-called Be it resolved by the Legislative Assembly of the Territory of Oklahoma, That Conger lard bill; which was ordered to lie on the table. Congress be m emorialized to pass an act authorizing the leasing of ea.id school land, and that an enrolled copy of this resolution, signed by the speaker of the Mr. WASHBURN presented a. memorial of the Minneapolis (Minn.) house, the president of the council, and the governor, be, by the governor, Typographical Union, No. 42, remonstrating against the pa.ssage of the forwarded each to tee President of the United States Senate, the Speaker of the Senate substitute for House bill 8046, restoring the rate of wages paid House of Representatives, and to the Hon. D. A. HARVEY, our Delegate to -congress. to Government printers prior to their reduction, and favoring the pas­ C.G.JONES, sage of the latter; which was referred to the Committee on Printing. Speal;er pro tempore of the House of Represcntativu. Mr. STOCKBRIDGE presented the petition of A. S. Kedzie and 17 G. W. GARDRISHIRE, President of the Counc-il. other citizens of Grand Haven, Mich., praying for the passage of the Approved December 24, 1890. Torrey bankruptcy bill; which was ordered to lie on the table. · GEO. W. STEELE, Governoi·. Ile also presented a resolution in the form of a petition of the Typo­ M graphical Unjon, No. 81, of Bay City, M:icb., favoring the passage of 1 Mr. PLATT. T4e question to whether Territories should be per­ mitted to select, iu advance of their coming in as States, the school the international copyright bill; which was ordered to lie on the table. lands, has been referred sometimes to the Committee on Public Lands Mr. CAMERON presented the .Petition of Charlotte Porter, Helen and sometimes to the Committee on Territories. I do not care partic­ A. Clarke, and other citizens of Philadelphia, Pa., praying for the pas­ ularly to which committee the memorial is referred. sage of the international copyright bill; which was ordered to lie on Mr. COCKRELL. I think that such papers most generally go to the table. the Committee on Public Lands. He also present.ed a petition of Grange No.9i8, Patrons of Husbandry, Mr. PLATT. They have been referred to both committees. In the of York County, Pennsylvania, praying for the passage of the Conger bills admitting St.ates, of course, the Committee on Territories has taken lard bill; which was ordered to lie on the table. jurisdiction of the subject as to how the lands should be selected when He also presented n memorial of Grange No. 978, Patrons of Hus­ the Territory becume a State.· I am perfectly indifferent about the bandry, of York County, Pennsylvania, remonstrating against the reference. passage of the Federal elections bill; which was ordered to lie on the Mr. COCKRELL. I think that probably the memorial had better table. • go to the Committee on Public Lands. Mr. DAVIS. I present a resolution of the Farmers' Alliance of The VICE PRESIDENT. The memorial will be referred to the Murray County, Minnesota, praying for the passage of the Stanford Committee on Public Lands, if there be·no objection. loan bill, the repeal of the national-banking law, and the issue of money by the Government to the people; the foreclosure of the mort­ • PETITIONS AND l\IEl\IORIALS. gages on the Pacific railroads, and that such road8 be operated by the Mr. SHERMAN. Is morning business now in order? Government in the in~restsof the people; and the passage of laws by The VICE PRESIDENT. Petitions and memorials are in order. Congress to squeeze the water otit of stocks, and making it a penal Mr. SHERMAN. I wish to present a petition. offense to issue watered stock. Also, protesting against granting extra­ Mr. HOAR. Is morning business in order after 1 o'clock? ordinary privileges to corporations to amass large sums of money at The VICE PRESIDENT. The Chair understands that morning busi- the expense of the people, nnd in favor of the Government taking such ness will be in order until 2 o'clock to-day. privileges and employing them in the interest of the people. Mr. EDMUNDS. The rule says the first hour. I move the refedmce of the petition to the Committee on Finance. Mr. SHERMAN. If in order, I wish to present a petition. The motion was agreed to. The VICE PRESIDENT. The Chair thinks 17hat morning business Mr. DA. VIS presented the petition of A. F. Stebbins and 22 other will be in order until 2 o'clook, and the Chair wiU so hold unless some citizens of Rochester, Minn., praying for the passage of the Torrey action is taken by the Senate to the contrary. bankmptcy bill; which was ordered to lie on the table. Mr. SHERMAN presented the petition of 19 citizens of Cleveland, He also presented a petition of the Owen Farmers' Alliance, of Hous­ Ohio, praying for the passa~e of the Torrey bankruptcy bill; which ton County, Minnesota; a petition of many citizens of Houston County, was ordered to lie on the table. Minnesota, and a petition of many citizens of Dawson, Minn., praying Mr. WILSON, of Iowa, presente.1 the petition of .104 citizens of for the passage of the Conger lard bill; which were ordered to lie on Fairfield, Jefferson County, Iowa, praying for_the passage of a bill the table. XXII-54 850 CONGRESSIONAL RECORD-SENATE. DECEl\-ffiER 29,

Mr. MANDERSON presented a memorial of 27 citizens of Creight~>n, REPORTS OF C0:\11\IITTEES. Nebr., remonstrating against the passage of a bankruptcy law; which l\fr. DOLPH, from the Committee ori. Commerce, to whom was re­ was ordered to lie on the table. ferred the bill (H. R. 4809) for cancellation of contract with the United Mr. CULLOM presen~ petitions of citizens of La Salle a~d Ful~on ·states engineer for delivery of stone for the improvement.of the mouth Counties, Illinois, praying for the passage of the Conger lard bill; which of the Columbia River in Oregon and Washington,· reported it with an were ordered to lie on the table. amendment. Mr. MITCHELL. I present a petition of the Chamber of Com.merce He also, from the Committee on Public Lands, to whom was referred of Portland, Oregon, in favor of the pas.sage of a bankruptcy bµJ. I the bill (H. R. 5474) to make payment to E. II. Mix, E. II.. Griswold, move that the petition be printed as a docµment. It is very brief. D. D. Griffith, and C. C. Goodspeed, on erroneous land-entry payments, The motion was agreed to. reported it without amendment. Mr. VEST presented a petition of members of the St. Louis (Mo.) .Mr. DAVIS, from the Committee on Pensions, to whom wasrefcrred Paint, Oil, and Drug Clul>s and a petition of the Merchant.a' Exchange the bill (H. R. 4246) granting a pension to Bridget Lynch, reported it of St. Louis, :M:o., praying for the passage of the Torrey bankruptcy without amendment, and submitted a report thereon. bilJ; which were ordered to lie on the table. Mr. PLUMB, from the Committee on Public Lands, to whom was • Mr. FRYE presented a petition of the Portland (.Me.) Stone Fot;in­ referred the bill (S. 4348) to provide for the disposal of the abandoned dry Company, praying for the passage of the Torrey bankruptcy bill; Fort l\Iaginnis military reservation in Montana, under the homestead which was ordered to lie on the table. and mining laws, for educational and other purposes, reported it with l\Ir. TELLER presented a petition of ci'tizens of Washington County, amendments. Colorado, praying that an appropriation be made for the sinking of ar­ He also, from the same committee, to whom was referred the bill tesian wells; which was referred to the Committee on Agriculture and (S. 4G31) creating two additional land districts in tbe State of Montana, Forestry. reported it without amendment. Mr. EVARTS pr~sented a petitionof 14citizensofthe State of New He also, from the same committee, to whom was referred the bill York, and a petition of 4 citizens of the city of New York, praying for (H. H. 7552) ta relinquish the interest of the United States in certain the passage of the international coryright bill; which were ordt'lred to lands to the city and county of San Francisco and its grantees, reported lie on the table. • adversely thereon; and the bill was postponed indefinitely. He also presented a petition of the Carton Furnace Company, of Utica, l\Ir. PLUMB subsequently said: At the suggestion of the Senat~r N. Y., praying for the passage of a bankruptcy bill; which was ordered from Nevada [Ur. STEWA.RT], I ask that tho order indefinitely post­ to lie on the table. poning House bill 7552 may be reconsidered, and that the bill may go Mr. PASCO presented a petition of 138 citizens of Jefferson County, upon th'e Calendar with the adverse report.. Florida, praying for the improvement of the Wacissa River, in th~t The VICE PRESIDENT. The vote by which the bill was postponed State, in accordance with the favorable report heretofore made by MaJ. indefinitely will be reconsidered, if there be no objection. The Chair N. N. Damrell, United States Corps of Engineers; which was referred hears none, and the bill will be placed on the Calendar with tho ad­ to the Committee on Commerce. verse report of the committee. 1\1r. COCKRELL presented a petition of the Simmons IIardwn.re Mr. FRYE, from the Committee on Commerce, to whom was referred Company and other wholesale business houses of St. Louis, Mo., and the bill (S. 4627) to establish a marine boord for the advancement of a petition of Meyer, Schmid & Robyn Grocer Company and many other the interests of the merchant marine, reported it with amendments, and who~esale grocery firms·of St. Louis, Mo., praying for the passage of subruitted a report thereon. the Torrey bankruptcy bill; which were ordered to lie on the table. He also, from the same committee, to whom was referred the bill (S. Mr. COCKRELL. I bold in my hand what is a memorial evidently 4520) to provide American registers for the steamers Montau.k and sent out for the purpose of securing signers t-0 it. It is nry short, and Mineola, reported it withoutamendment,andsubmitted a report thereon. I will read it: He also, from the same committee, to whom was referred the bill (H. DEAR Sm: Your memorialists respectfully request that the weight o~ YO_!ll' R. 12536) to facilitate the collection of commercial statistics required infiuence be exerted against the passa~of the act known ns House bill No. 11568, which was in the hands of the Agricultural Committee of the Senate when bv section 2 of the river and harbor appropriation acts of 1866and18G7, that body adjourned in October. This is commonly known as the Conger lard reported it without amendment. biJJ. n. measure having for its object the imposition of a tax upon lard compound Ile also from the same committee, to whom was referred the bill and the re1tulatlon of its manufacture, sale, importation, a.ud exportation, by the revenue department of the United States Government·. (S. 4716) to carry into effect the recommendations conta!ned in di.vi­ 'Ve solicit your influence in opposition to this measure on the broad and gen­ sions numbered 11 and 12 of the report of the International Manne era\ R"round that it is sectional in iLs character, invidious in its application, un· Conference, and for other purposes, reported it without amendment. iust to the producers of that article, vicious in principle, and most dangerous as. Ile also, from the same committee, to whom was referred the bill a precedent. (S. 4684) to amend certain sections of the Revised Statutes of the United This was sent out to be signed and returned to Senators and Repre­ States, namely, sections 4400, 4405, 4490, and 4495 of Title Lil, con­ sentatives to manufacture public sentiment in the country, and it bas cerning the ''Regulation ofsteam ves~els !'' section 4234 ?fTitle L~II, been transmitted to me by the secretary of the Pike County (Missouri) "Regulation of commerce a.ncl navigation;" awl section 5394 of Title Shorthorn-Breeders' A.ssocfation, with the following indorsement: L VII~.•' Remission of fines, penalties, and forfeitures," reported it with The people of my part of the country are in favor of the honest product.of both bogs and cattle, and opposed to fraud and a..ll cheats and compounds to be amendments. sold as a pure article. Good cattle and honest butter, good hogs and bones t He also 1 from the same committee, to whom was referred the bill Inrd injure no man. U compounds and stuff is being sold let the people know (S. 4612) for the rebuilding of the United States revenue steamer that it is stuff. Thomas Ewing with an iron hull, reported it without amendment. Inasmuch as the bill in regard to this subject has been reported, I He also from the same committee, to whom was referred the bill (S. move that the memorial lie on the table. 4582) to facilitate the collection of commercial statistics required by The motion was agreed to. sections 2 of the river and harbor appropriation act3of1866 and 1867, :rt!r. HISCOCK presented a petition of 66 business firms of New York reported adversely thereon; and the bill was postponed indefinitely. City, praying for the immediate passage of the Torrey bankruptcy bill; !Ir. A.LLEN, from the Committee on Public Lands, to whom. the which was ordered to lie on the table. subject was referred, reported a bill (S. 4745) to amend an act entitled He also presented a memorial of the New York Produce Exchange, "An act making appropriations for sundry civil expenses of the Gov­ remonstrating agaill8t the passage of the Conger lard bill and favoring ernment for the fiscal year ending June 30, 1891, and for other pur­ the Paddock pure-food bill; which was ordered to lie on the table. poses," approved Augu~t 30, ~890, in ref~rence to the sru;veyin~ of J?Ub­ He also presented a petition of 448 employes of .flax. mills in the State lic 1ands in the State of Washmgton; which was read twice by its title. of New York, praying for a correction of paragraph 362 of the tariff l\1r. SPOONER, from the Committee on Claims, to whom was i·e­ act, relating to binding twine; which was referred to the Committee ferred the bill (S. 4602) for the relief of Nathaniel J. Coffin, asked to on Finance. ' be discharged from its further consideration _and that it ~e referr~d, .Mr. SPOONER presented a memorial of the wholesale grocers of Mil­ with the accompanying papers, to the Committee on PenBlons; which waukee, Wis., remonstrating against the passage of the Conger lard was agreed to. bill; which was ordered to lie on the table. l\Ir. HAWLEY, from the Committee on Military Affairs, to whom Mr. HARRIS presented a petition of the Wooldridge Stove Company, was referred the bill (if. R. 7119) to authorize the Secretary of War to of Memphis, Tenn., praying for the passage of the Torrey bankruptcy loan certain cannon to the Saratoga l\fonnment Association, reported bill; which was ordered to lie on tbe table. it without ameudmenb, and submitted a report thereon. :Mr. PLUMB presented petitions of citizens of Gore and Marshall He also from the same committee, to whom was referred the bill Counties, in the State of Kansas, petitions of the Marshall County (H. R. 608) making an"appropriatio~ ror the construction of new build­ Farmers' Alliance, No. 2853, of the Ha.mil ton County Farmers' Alliance, ings and the enlargement of tho military post at Plattsburgh, N. Y., and of the Gore County Farmers' Alliance, in the State of Kansas, reported it without amendment, and submitted a report thereon. praying for the passa.ge of what is known as the Con~er lard bill; which were ordered to lie on the table. TOWN-SITE LAND .AT GALLUP, N. l\IEX. He also pre,sented a petition of citizens of Gore County, Kansas, and Mr. TELLER. I am directed by the Committee on Public Lands, a petition of the Gore County (Kansas) Farmers' Alliance, praying for to whom was referred the bill (S. 4547) for the relief of the inhab­ the passage of Honse bill 5353, defining options, etc.; which were re­ itants of the town of Gallup, Bernalillo County, Territory of New ferred to the Committee on Agriculture and Forestry. l\1exico, to report it without amendment, and I ask that it may be put -- 1890. CONGRESSIONAL RECORD-SENATE. 851

upon its passage, o.s it is a matter of interest to the peopleof the town He also introduced a bill (S. 4744) granting an honorable discharge and the people of the Territory. to Jeremiah Peters; which was read twice by its title, and, with the Mr. COCKRELL. Let it bo read for information. accompanying papers, referred to tho Committee on Military Affairs. . J'iir. HARRIS. Subject to objection. Mr. PLUMB introduced a bill (S. 4746) for the relief of settlers The VICE PRESIDENT. The bill will be read at length for in­ upon certain ]ands in the State of Iowa; which was read twice by its - formation. title, and, with tho accompanying papers, referred to the Committee The Secretary read the bill. on Public Lands. J'iir. COCKRELL. I should like to bear some explanation of the He also introduced a bill (S. 4747) granting an honorab1e discharge . - bill. to William Mackey; which was read twice by its title, and, with the ·Mr. TELLER. I will simply state that the people of Gallup went accompanying papers, referred to tho Committee on Military Affairs. · onto this land before it was surveyed and built a town. When the Mr. 'l'ELLER introduced a bill (S. 4748) granting a pension to Mrs. survey was made they found they were on a school section and there Jennie Vaughan; which was'read twice by its title, and, with the ac­ is no provision by which they cnn make title. It is exactly similar to companying papers, referred to the Committee on Pensions. the case of the town of Flagstaff that we passed at the last session. Mr. FRYE introduced a bill (S. 4749) for tho relief of the Portland There is no controversy about the land, and there is no reason why the Company; which was read twice by its title, and referred to the Com­ people of the town should not take the title, they paying for it just mittee on Claims. the same as any other town site. Mr. ALLEN introduced a bill (S. 4750) granting an incre::i.se of pen­ The VICE PRESIDENT. Is there objection to the present consid­ sion to John C. Brown; which was read twice by its title, and referred eration of the bill? to the Committee on Pensions. • Mr. COCKRELL. The only point I see is in regard to the selection Mr. TELLER (by request) introduced a bill (S. 4751) to provide for in lieu of the 160. acres. The bill authorizes the Territory to select 160 the compensation of foreign authors for the use of copyright in the acres, and the selection of it is all right; but does it change the status United States; which was read twice by its title, and referred to the of the 160 acres of school land and make it different from the other Committee on Patents. sixteenth sections of school land? Mr. STEWART introduced a bill (S. 4752) to authorize the con­ Mr. TELLER. No; it leaves it just one in lieu of the other, subject struction of a railroad in Alaska, and for other purposes; which was to the same limitations as this quarter section would be if an act were read twice by its title, and referred to the Committee on Territories. not passed. Mr. GEORGE introduced a bill (S. 4753) to repeal the internal­ There being no objection, the Senate, as in Committee of the Whole, revenue tax on the circulation of bank notes issued under State author­ proceeded to consider the bill. ity; which was read twice by its title, and referred to tho Committee The bill was reported to the Senate without amendment, ordered to on Finance. be engrossed for a third reading, read the third time, and passed. Mr. CARJ-'ISLEintroduc.ed ajointrosolntion (S. R. 141) providing for DILLS INTRODUCED. the appointment of commissioners to confer with commissioners upon Mr. REAGAN introduced a bill (S. 4735} for the relief of l\Irs. Emma the part of the Dominion of Canada to consider the trade relations be­ M. Moore; which was read twice by its title, and referred to the Com­ tween the two countries; which was read twice by its title. mittee on Claims. The VICE PRESIDENT. The joint resolution will be referred to Mr. MITCHELL introduced a bill (S. 4736) gmnting the right of the Committee on Foreign Relations. way to the Albany and Astoria Railroad Company through the Grand M:r. HOAR. Thejointresolutionshould goto the Select Committee Ro'lde Indian reservation, in the State of Oregon; which was read on llelations with Canada. Tho VICE PRESIDENT. The reference directed by the Chair_was twice by its title, and referred to the Committee on Indian Affairs...... li He also introduced a bill (S. 4737) to authorize the Albany and at the suggestion pf the Senat-0r from Kentucky. Astoria Hailroad Company to construct one or more bridges across the Mr. CARLISLE. I ba\"eno objection whatever to the reference sug­ Willamette River, in the State of Oregon, and to establish them as post gested by the Senator from Massachusetts. roads; which vras read twice by its title, and referred to the Committee The VICE PRESIDENT. The joint resolution will be referred to on Commerce. the Select Committee on Relatiolli! with Canada. Mr. WOLCOTT (by request) introduced a bill (S. 4738) to amend AMENDMENTS TO DILLS. the charter of the Hock Creek Railway Company; which was read Mr. FRYE submitted nn amendment intended to be proposed by him twice by its title, and referred to the Committee on the District· of to the consular and diplomatic appropriation bill; which was referred Columbia. to the Committee on Foreign Relations, and otdered to be printed. Mr. DAVIS (by request) introduced a bill (S. 4739) for the relief of l\Ir. DAVIS submitted an amendment intended to be proposed by him Margaret Kennedy; which was read twice by its title, and referred to to the bill (H. R.12500) making an apportionment of Representatives the Committee on Pensions. in Congress amonp; the several States according to the Eleventh Cen­ Mr. SPOONER. The bill just introduced by the SenatOr from Min­ sus; which was referred to the Committee on the Census, and ordered nesota by request, for the relief of Margaret Kennedy, was at the last to be printed. session of Congress adversely reported and postponed indefinitely by the Senate. · Under the rule it should not be referred again to the com­ CENSUS RETURNS Fon WEST VIRGINIA. .· mittee unless accompanied by new evidence, ss I understand it. Mr. FAULKNER. I offer a reso1ution and ask for its immediate The VICE PRESIDENT. What disposition ahall be made of the consideration. bill? The resolution w:i.s read, as follows: Mr. SPOONER. Let it lie on the table. Resolved, That the Superintendent of the Census be instructed to furnish the l\Ir. HARRIS. While I have no earthly interest in the bill I think Senate information of the population of each county of the State of 'Vest-Vir­ ginia. as shown by the returns fllecl in his officEI, and upon which he bas offi­ it is perfectly legitimate to introduce the bill and refer it, but under cially declared the aggregate population of said State by Census Bulletin No. 16. the rules the papers on file in respect to it can not be referred unless upon petition of the claimant with the allegation that new evidence, Mr. COCKRELL. I should like to know why the Senator asks for additional evidence, and important evidence has been filed. I do not the passage of a resolution of that kind. I have been for some time know whet.her there is auy additional evidence, but a bill itself may applying to the Superintendent of the Census for a bulletin or circ_ular be introduced upon that or any other subject and referred, although showing the population of the various counties in Missouri, and this the papers can not be taken from the files where there has been an ad­ resolution seems to be calling for the same kind " .. · ~ ..formation. I sup­ verse report.. pose it will be issued at no distant day1 and tb~.o1y advantage in hav­ Mr. SPOONER. I ask that the bill Ii~ upon the table for the time ing it transmitted is to make it a public document and to befrankable. being. I do not know, but I suppose also that the bulletins issued by the Super­ The VICE PRESIDENT. The bill will 1ie upon the table for the intendent of the Census would befrartkable1 and I do not see much differ­ present. . ence. However, ifthe publication of it by the Senate would mako it Mr. DAVIS introduced a bill (S. 4740) granting a pension to Mary frankable when if published by the Superintendent of the Census it Ann Oglesby; which was re:id twice by its title, and referred to the would not be, as a matter of course we would all have to ask that the Committee on Pensions. bulletins containing the population of our respective States by. co untie~ Mr. SPOONER introduced a bill (S. 4741) to amend section 3117 of should be transmitted to the Senate and published in that way. It is the Revised Statutes of the United States, in relation to the coasting a very important matter, and we shoul

which gives the official aggregate population of the State of West Vir­ of the Senate that the date of that check is misdescribed in the pre· ginia, and of course that must have been based upon the aggregate amble; it is the 9th of September when it should be the 8th. I merely population of each county as returned by the enumerators. As our Leg­ ask to have that amendment made. The bill has passed the Senate islature meets early in January and the constitution requires a re­ already. districting of the legislative districts in the State based upon the recent The VICE PRESIDENT. The Chair lays before the Senate the bill census, I want to get the information as early as possible for that pur­ (S. 4416) directing the issue of a duplicate of a lost check drawn by pose, and no other. A. W • .Beard, collector of customs at the port of Boston, Mass., in favor REPRINT OF FOOD-ADULTERATION BILL. of De Blois & Co., returned from the House of Representatives at the request of the Senate. ?r!r. PADDOCK. I ask the unanimous consent of the Senate that Mr. HOAR. I move to reconsider tbe vote by which the preamble an order may be issued by the Senate for the reprint of Senate bill 3991, was agreed to. Order of Bnsiness 1552, a bill for preventing adulteration and ~is­ The motion to reconsider was agreed to. branding food and drugs, and for other purpose~. The first original Mr. HOAR. In the third line of the preamble the date of the check print of the bill is enthely exhausted and there is great demand for it should be given as "the 8th day of September," according to the clerk on all sides in both Houses. I ask the Senate to order a reprint of the oft.he Finance Committee, instead of "the 9th day of September." I usual number of the bill, and I ask unanimous consent that where ask that the preamble he amended by substituting the wood ''eighth'' certain typographical errors occur in a few places in the print, simple for the word "ninth." · verbal error!:l, the bill may be so printed as to show the correct text. The VICE PRESIDENT. The preamble will be so amended; if there The VICE PRESIDENT. Is there objection to the request made be no objection. The Chair hears none, and as amended the preamble by the Senator from Nebraska? The Chair hears none, and it is so or­ will be agreed to. dered. Mr. HOAR. Now let the bill be returned to the House of Represent- LIMITATION OF DEBATE. atives. · Mr. ALDRICH. In accordanee with previous notice, I offer a res- The VICE PRESIDENT. It will be so ordered. olution as an amendment to the rules. COIN AND CURRENCY. The VICE PRESIDENT. The resolution will be read. The Secretary read the resolution, as follows: Mr. Ho.AR antl Mr. STEW.ART addressed the Chair. Ruoboed, That for the remainder of this session the rules of the Senate be The VICE PRESIDENT. The Senator from Massachusetts. aml'lnded by adding thereto the following: l\fr. HOAR. I yield to the Senator from Nevada to give a notice. "When any bill, resolution, or other question shall have been under consider­ Mr. STEWART. I desire to give notice that to-morrow morning, ation for a. reasonable time it shall be in order for any Senator to demand that debate thereon be closed. On such demand no debate shall be in order, and immediately after the routine morning business, I shall move to take pending such demand no other motion except one motion to adjourn shall be up the bill (S. 4675) to provide against the contraction of the currency, made. If such demand be seconded by a majority of the Senators present, the and for other purposes, with aviewofsabmitting some remarks thereon. question shall forthwith be ta.ken thereon without debate. If the Senate shall decide to close debate on any bill, resolution, or other question, the measure Mr. TELLER. What is the number of the bill? shall take precedence of all other business whatever, and the question shall be Mr. STEWART. It is Senate bill 4675, reported by the Committee put upon the amendments, if any, then pending, and upon the measure in it.6 on Finance, to provide against the contraction of the currency, and for successive stages, according to the rules of the senate, but without further de­ bate, except that evezy Sena.tor who may desire shall be permitLed to speak other purposes. I shall want to speak about half or three-quarters ot upon the measure, including all amendments, not more than once. and not ex- an hour at the conclusion of the routine morning business. / ceeding thirty minutes. "After the Senate shall have decided to close debate as herein provided, no mo­ SUPPLEMENT TO CONGRESSIONAL DII~ECTORY. tion shall be in order but a. motion to adjourn or to take a recel!l'i, when such mo­ tions shall be seconded by a majority of the Senate. When either of said mo­ Mr. GORMAN. I move that the Senate procee

.- 1890.- - CONGRESSIONAL RECORD-SENATE . . 853

The VIcE PRESIDENT. The concurrent resolution will bo ro- ~nd whowonld not-I amsuretheywouldnot-countenance wrong in ferred to the Committee on Printing. any way against elective franchise-they have not proposed a measure UNITED STATES ELECTIONS. to cure the evil; more, sir, have they refused to unite with us, either in The Senate, as _in Committee of the Whole, resumed the considera- committee or here, in the preparation of a bill that would the more tion of the bill (H. R. 11045) to amend and supplement the election securely effect that result. The evil we complain of does exist. It is , laws of the Unite..al rights of the people? . . . . . In the light of the history of the Democratic party it must be con- quentia~ mistakes, mconseq~ential as coi:ipar.ed with t~e abuse:i that fusingtoadisinterestedobserver-thisdebateimean-withan assump- h~ve existed, m~de by public o.ffice.rs ac~rng m good fa.1th and m the ti f · t ndad·18 r rd 0 fth frauds practiced at elections andan discharge of ~heir dut,r, and nnJustified if not wanton attacks upon.an . on ° vir ue 8'. e~a ~ . able and efficient elect10n officer, who has repeatedly emerged from Ju· mtolerance. as extreme, ~f not as violei;it, as t~e methods which have dicial and Congressional investigation inspired by partisan malice so been employed to terronze voters, the Republican party here bas been . . d · · ' ·fi d h. '· h d ·th tt t· t b ttb · hts dl"b fesoftbe eo le completelyvmdicate thatpohhcalopponentscert1 e to is capacity c arge w~ a emp mg 08? ver eng an i ~r i . ~ P and integrity and the startling magnitude of the crimes be had ex· for proposmg measures tendmg only_to pr~erve their ~ree voic? m the osed and defeated have been commented on here da.y after day by the 1 government of _!J;ie country. The great cnmes committedagainst the P . • h · · d f h I t" f :bi :v b n i d r palliated not denied and prac- representatives of States to divert t c pubhc mm rom t 1 e ec ive ranc se lia e ee gnore o , , purposes of the pendrnagr~at measure ere~ tices t.hat in the past have and if C

ofthelawandsubjectedtotheoconsequent-Oisgraceand expense. There- - uralized from houses numbered i:ar in excess of numbers existing in fore, sir, would we repeal our criminal statutes and bid thieves, forgers, the streets whereon they were represented to-reside. Men were nat­ and assassins f!O free, crimes i.nconsidera-ble as compared with those uralized claiming to reside at bawdy houses, 25, 40; yes, 100 or. more of.defeating the will of the,ma.jority of the peo_ple in the organization often in each. They were judicially determined to be of good moral of Congress or the -selection -of -the :Chiof Magistrate of a Jlation? The cnaracter. criminal laws I .ha\""e referred tq and thek execution, except as they sup­ · Numbers of witnesses appear frequently who made use of different porl and defend the morals of a people and maintain the authority of houses as -places of abode on the same day. In one instance thirteen a. Stnte or the nation, are of little moment when the people's vote is di.fferentstreetsandhouseswereselected in the thirty-four cases in which wholly voiceless, and Legislators and Admirustrators of the Govern­ theaffiantappeared ns a witnessonone day. Alietisactedas witnesses ment gain their places and power by tla.e subversion of tile will of the for aliens. The most prominent' citizens of New York, Governor John majority, and by crimes. T. Ho1fman, WilliamM. Tweed, PeterB. Sweeney, UnitedStatesAttor­ ney Samuel G. Courtney, William H. Vanderbilt, August Belmont, CllUlES AGADfST TIIE SCJFFitAGEl!HOt:LD BE P~ISUED. and other well-known men appear upon naturalization papers as wit­ It is most Iemarkable, sir, that in the construction of election laws nesses for alien11 1 the signatures of their names forged, and in some it is contended -that there should be that Iax1ty, absence of circum­ instances they were made to subscribe by their mark. Thousands of spection and official supervision that-will -guaranteethesafetyofillegal application papers show that the applicants had never renounced-their voters, ofrepeatersand dishonest canvassers, from detection and punish­ allegiance by name to the country of which they were formerly c~ti­ ment and guarantee immunity to tramps and thieves, the criminal popu­ zens. lation of great States perpetrating crimes against order and honesty at Thousands of applicants appear by the papers to have declared it the l)Olls; and it is remarkable that every step of progress in the other their intention .to renounce allegiance to one ruler and:.following upon direction has been declaimed against and disputed-as an invasion of the the same paper -are affidavits of renunciation of allegiance to another liberties oftbe people. Who arethe people? Are they only the vicious, foreign power. Applicants took -and subscribed the oaths prepared for the evil-minded, and crimina1s of high and low degree? witnesses and in turn witnesses to proper oaths for applicants. Thou­ It has been urged that the States ha·rn the power to prevent'the crimes sands of naturalization papers were issued in blank. Naturalization I have complained of. I grant it. But that is not the material ques­ -papers in blank and fraudulent naturalization papers were offered as tion here. Do the States always exercise tbat power? And even if a freely for sale as fruits and nuts and candies at the hucksters' stands State makes the effort honestly, yes, and.succeeds, is that any reason in and near City Ilall. , wJiy the nation within her jurisdiction should not watch the elections This fraudulent naturalization scheme was entered. into and con­ and contribute to the defense against criminal assaults? summated in 1868 to elect John T. Hoffman, then mayorofthe cityof Political partisans, when honest, become extreme in theirmethods. New York, governor of the State, and to secure tho Democratic Presi­ The emoluments of office, and often the intense feeling over ])arty issues dential electoral vote, for which Mr. Horatio Seymour was the candidate. and-party candidates, will promote questionable practices. . Of these fraudulent naturalization papers many thousand surren­ J\fen rue no better in their politics th::m in their other relations to dered by the holders are now preE>ervea, a monument to the infamy of society. Large cities are the..natuml haunts of criminals, and they seg­ certain Democratic judges of the State of New York. I do not include regrate in districts and become a power in politics, nnd it is unfortu­ _all of the Democratic judges. Mr. Presiden-t, in 1864 the Democratic nate that as a rule they give to one party the benefit of their princi­ vote in tbecityofNewYorkwas73,70D. General GeorgeB. McClellan ples and political influence. was the Democratic candidate. In 1866 the Democratic vote in that When parties i~ voting districts arc near1y eqnal in strength numer­ great city for John T. Hoffman, Democratic candidate for governor, was ically ::u~d intellectually, the elections are honest enough, but when 80, 677. In the subsequent year it was 85, 764. In the Presidential year one is largely in the majority the morals of tbe peo)?le questionable, of 1868 it was swellesl to 108,316. , and when· the police system is in-party sympathy with that majority The highest vote reached thereafter, to ant:l including the year 1874, an honest election fa an impossibility. Frauds in the votes ana frauds was 87,436, for Samuel J. Tilden, candidate for governor; and in popu­ in the counts are the logic of the situation, as has been_proved by ex­ lation_, in those six years New York City bad not been stationary, but perience. · 1 had maile rapid pro~ress. In the Presidential year of 1872, with the It bas been said the penmng measure is partlsan in its provision. present national illw in force, the Democratic vote was only 77,814. So far as possible that feature has been eliminated; but, sir, in those The aggregate Democratic vote in eight wards was lD,689 in 1868. large cities where the chief magistrate is usually Democratic, and the Under-tho Federal election law in 1872, four years later, it was only State officials Democratic, and the police Democratic, Republican electors 16,158. But. sir, it was necessary that this fraudulent naturalization arc entitled both to law and officers that will guard their interests, should be followed by other crimes to make it effective, and registra­ even if the latter are the more largely in sympathy with their political tion replete with fraud followed. I have before me twenty-seven num­ organization. It would better promote that division of power most ber~ upon streets in New York City, selected almost at random, from like1y to secure an honest reeult. I may say something more upon whicb -542 were registered; 39G men voted on that registration. this subject later on. The actual number of residents there was 88 only, and at many of TllE DISGRACE OF ::li'"EW YORK CITY. , those numbers there were no residents whatever. Delis of infamy were I do not care to enter into-all the details of the criminal.:practices in 'the favorite resorts from which to register, and frequently we find 100 New York City. I have bad occasion to refer to them briefly upon this or more were registered and 70 or more voted from each. Thirty-nine floor and was answered, in effect, that I was reflecting upon that great election districts in the city of New York have contributed at one time State in which I was born, reared, and now for many years ha,ve repre­ to the.records of the police department of New York City 2,743grog­

sented, in part, in the other and this House of Congress, a~d ohvhose geries, 279 br9thels1 170 places the habitual resorts for thieves and diS­ history I am as proud, ancl for whose progress I am as anxious and orderJy persons, and 105-policy shops. The gambling dens were too nu­ hopeful of -as-well, .sir, I may say any Senator can be in respect to his merous to mention. The fraudulent registration from those places is own. State. But, sir, laudable pride fo my State or -patriotic solici­ measnreably illustrated by the following statement made by Senator tude for her future advanceruent does .not permit my disregard of those FRYE the other day. 1: quote him: crimes that subvert the will of .her people or the refusal to provide In block 4065, in l 868, there were registered 332; in 18o9, 466; in 18i0, in l\1ay, those laws that will the more certainly promote it. 487; in 1870, November, with supervision, there were 152. Then comes an off It has been established in both Houses of Congress filld by investi­ year, when the United States officers had nothing to do with the registration, and the number -was 340. Then comes the next year, 1872, when the law ap- gation, judicially and otherwise, that before thcJ>assage.of the present plied, and it was no. . law in 18il 60,000 fraudulent naturalization -papers were issued in mock 6015, in 1868, the "I·egistration was 332; in 1859, 4GG; in l\Ia.y, 18i0, 487; in one month by the courts of New Y: ork City, not, sir, by inferior courts, November, 1870, 153; in 1871, 348; in 1872 there were 113; in 1873, 97; in 1874, 120; in 1875, 121, and in 1876, 151, the registration from November, 1870, to 1876 but those of general jurisdiction, and presided over, not by petty offi­ having been conducted under United States supervision. cials, but by those ran.king with judges who have established the dig­ Block 60ifi, in 1868 there were rei;:istered 247; in 18G9, 583; in 1870, 5i0 in l\foy; nity and that high character for judicial fairness and great ability which in November, 1870, 3-39; in 1871, S.31; in 1872 there were 71 ; in 1873, 6G; in 18i4, have made our courts second to none, may I not say foremost of rul the 61; in 1875, 68, and in 1876, 82. States? To procure those fraudulent naturalization papers,hundreds AJ1E TIIESE CRDinl"ALS OBJECTS OF DIDIOCR.\TIO SY:llPATIIY? of-applicants and witnesses pur1>ort to have signed their respective affi­ The people who perpetrated these fraud.S upon the ballot and tbese davits in English who, it has been ascertained, could not at the time wrongs against the people, I trust, are not those for whom.the Senators read or yrrite a word of that lang~e, -and hundreds of others who upon the other side are concerned, lest their libertie.:; will be abridged cnn not rend or write ED.J.!lish now. · · and they be surrounded by restrictions, subjected to clomiciliar.v visi­ _Hundreds of persons pll.rport to have signed affidavits who did not tation and invasion of their castles. sign them at all~ Hundreds of persons purp011i to have made their Mr. President, the New York Sun, in its leading article of January marks to their respective affidavits who, it.bas been -ascertained, could 12, 1870, in Jangua~e more forcible than I can employ, ,described the write perfectly. On hundreds of applications appear the pretended situation in New York City at that time, in the manner following: signatures of applicants and witnesses 1.o their respective affidavits The political managers of this city, who have so long used the dangerous in classes .to foist themselves into and retain their hold upon office, are now reap­ .1 written in onepla.ce and made by their marks another. Applicants ing the righteous reward of their wrongdoing. Untler ihe able tutela;::-e of and witnesses, by the pa-pers, appear as residing in vacant lots, stone­ •ram many Hall, the rouA'hs, shoulder-hitters, gamblers, repeaters, and desper· yMds, and other unoccupied places. - :Men .appear to have been nat- adoes that abound here .have been e.recten into a power wllose potency o.t last 1890. CONGRESSIONAL RECORD-SENATE. 855

thorou,il'hly alarms its au I.hors. By perjury, fraudulent voting, and falsification of the-canvass the train bands have repeatedly carried their masters into power fore the court. The court under the present law provides fo.r vacancies and kept tbetn.. there. These means have given them almost imperial sway only as they occur, and nponmakingtheappointments attaches-a. for&1a.l over the lives and property of the community. In rcttn-n the party ma.nap:ers court order, and the papers are then sent to the clerk's office, a.re filed, have thrown their followers a. few crumbs from tile city treasury, while they and the chief supervisor then prepares commissions for those who have have filched vast fortunes for themselves. been appointed and they are forwarded to the judge for his signature. Again, on January 21, 1870, the same paper, in an article under the When signed they nex.t go to the clerk's office to be sealed, and then heading "Shall Tammany !rands elect the next President? " said: arc returned to the chief supervisor, who notifies the appointees to tako Can the people safely permit .such crimes aga inst the popular government the oath of office. to go unpunisned ? The little seed is ra.pirlly growing into a mighty tree, a which threatens to throw its shade over all the land. The tactics which were In district where the court is in session in the same city in which at first relied upon to carry a ward or a city only in 1868 made captive the Em­ the clerk and chief supervisor ha·rn their offices, save at exceptional pire State. Three years hence they may conquer the country and establish a moments, there are no means by which a supervisor can be appointed tmudulent President in the White House a.t 'Vashington. Every fair-minded man admits that the State of New York was revolutionized by repeaters. to fill a vacancy, sworn iu, and reach his post of duty, nor, however False naturalizations by scores of thousands were effected. .. * * So auda­ neglectful of his du ties, can he be suspended or removed from office in cious was the proceeding that its very boldness sta..ggered the pt~ople. * w " less than two or three hours, w bile, as a matter of fact, I am ad vised, The time is not far distant, however, when this monstrous conspiracy must be the time consumed averages from twelve to twenty-four hours. Where ta.ken by the throat or it will crush out our popular liberties. * * * The question is one far above the strife of parties. It appeals for remedy to every court is held in a city other than that in which the law is being enforced honest man in the land. the time required to rnmove a supervisor is much greater. Again, immediately following the judiciary election of May, 1870, When the present law was first enforced there were but 372 election tbe same paper said: districts in the city of New York; last year there were 1,019. The Ne>er before were our citize ns disgraced by so corrup~ and infamous an former numberreq~ired the appointmentof 744 supervisors; thelaiter, election. * * * The repeaters scarcely tried to avoid discovery. Young 2, 038. Tho increased.work thrown upon the judges is very considerable, scoundrels, after voting upon ono set of names, under certain di~guisc s , would i;ally into the street, and, witllin sig ht of the polling pln.ces,exchani;:e and mix: while the delays in the matter of appointments to fill vacancies and up their disguises, n.nd then gQ back: and vote again upon another set of names. removals are liable to be attended by serious complaints of nonnction, to the detriment of one party and for the purpose of aiding the other. But, Mr. President., I am compelled in this connection to mention The present law has not been amended in nineteen yea.rs :ind its elas­ a fact that somewhat prepares the mind for the Democratic opposition ticity has been insufficient to conform it to the greatly increa.sed pop­ ta this bill. When these monstrous frauds the New York Sun de­ ulations of our great cities. Under the proposed plan (section 5) a scribed and that I have inadequately characterized were perpetrated, vacancy can be filled in one hour from the reserve appointments. Seri­ Samuel J. Tilden, c:monized by the Democracy, was the chairman of ously, should this be complained of? the Democratic State committee of New York, and n. resident of tho Under the proposed plan (section 6) a supervisor who is complained city of New York; the daily papers there were replete with informa­ of as neglectful or offensive and insulting to citizens can bo suspended tion of the proceedings of the courts and the false registrations. at once by the chief supervisor and reported tothecourtforremoval, and What do M:r. Tilden's historians say of thoi:m October and earl;v No­ his place filled from the reserve. To remove him ana fill his place vember days in 1868 ? John T. Hoffman was mayor of New ~'rk, under the present law would require hours. Under the new bill (same the Democratic candidate for goYernor, and conversant with the d J.ils ·section) the chief supervisor makes and signs a certificate of the fact of the monstrous crimes that were being perpetrated against th re­ that the party named therein ha~ been appointed a supervisor and as­ publican form of government. It could not have been otherwise. We signed to duty in a certain election district only when he is actually are not, therefore, entirely unprepared for the policy of obstruction. detailed. · It has been established with mathematical accuracy, and, except a.s Section 6 extends the term of office of supervisors to a period of the criminal enters his plea of not guilty proforma, it is not denied, eighteen months, thereby conforming their tenure more nearly to that that in the November elec tion of 1868, by means of fraudulent' natu­ of State officers of election, but no supervisor is to receive compensation ralizations and fraudulent registrations, more than .30,000 fraudulent for more clays than he is actually employed. In most States the elec­ votes were cast and counted iu the city of New York and its immediate tion officers hold office from one to two years; in New York and Iowa, vicinity for the Democratic candidates for State officers, including that one year. In Virginia electoral boards hold office for four years, elec­ of governor, and the Democratic Presidential electors, electing them all. tion district registrar two years, and election judges one_year. In 1873, The frauds more than accounted for their several majorities; The ·187.3, 1881, 1885, 1888, and 1889 there were special elections held for wHl of tlrn-people was thwarted, our form of government subverted; and members of Congress in the city of New York. . For each of those special who can estimate the vicious effect of the stupendous crime and polit­ elections application was made for their supervision, and the whole ical demoralization that followed in the city and State of New York'? machinery of the national election laws was invoked de noi:o. The pro­ The figures that I have already given have provon the beneficence of posed amendntory act, by extending the tenure of office of the supervis­ the Federal laws of 1870 n.nd 1871. They demonstrated that it was ors to eighteen months, will remedy that. possible, not a difficult task, to guard against and prevent'theirrepeti­ Under the present law supervisors of election have been appointed tion. The system should be made more comprehensive and efficient to in cities having 20,000 inh:i.bitants and upwards upon the application cover the jurisdiction to which it may be applied, and improved in those of two citizens, but the proposed amendatory act requires the applica­ respects that experience has demonstrated would be profitable and ju­ tion in such cities to be made hereafter by a hundred citizens. Under dicious; nnd it may be necessary to exercise the power to arrest and the present law supervisors of election have been he-retofore appointed make domiciliary visits to the infamous dens in New York City, of a in places other than those I hn.ve already referred to upon application character that I have referred to. Doubtless, sir, at least 30, 000 voters, of ten citizens. The amenda.tory act requires an application from fifty legal and otherwise, annually represent those places at the polls and citizens. Under the existing law supervisors appointed for places in .contribute to the Democratic strength in New York City. Are those other than cities of20,000 inhabitants and upwards are merely officers the people of whom the other side are so tender in guarding against serving without compensation and with no power; for all practical inspection and arrest? They are used to it, and once more will not count. purposes they are of little service, regarded as spies and not officers of WIIAT THE DILL IS Il.EALLY TO .ACCOMPLISIJ. the law. l\Ir. President, I have intended Qit some point in this discussion to The proposed amendatory act confers upon them the same rights and refer briefly to the provisions of this bill amendatory of the Federal powers possessed by simiµ.r officeu; in the larger cities, save where such election law; it has been falsified, slandered, and unjustly character­ powers are specifically limited in the act to certain cities, and entitles ized to the people of the country. It has been unjustly denominated them to compensation for their services. Why not.? Ifto be appointed, a "force bill," as jf force was to be used to coerce the exercise of the they should both. be pa.id and have imposed upon them proper official elecfrrn franchise. I grant that it may be used to protect that right. fu.nctions. Why, alone, of all the crimes defined by law, are those against a free The amendatory act (section 7) defines with more clearness than the ballot to be nursed and protected and their perpetrators to be counte­ existing statutes, and somewhat adds to, the duties ot the supervisors. nanced and rewarded? I will endeavor to summarize them: Briefly, now, I will refer to the provisions of the bill: It seeks to re­ 1. They are to attend the registration of voters and all revision of lieve the courts from the manual labor-and I have employed the word any such rei~istration. The change from the present Ia.'\f consists in manual understandingly-connected with or incident to the appoint­ adding the words ''revision of any such registration.'' What element ment of election officers, simplifying the manner of making such ap­ is here introduced worthy of objection? pointments, by imposing upon the chief supervisor work now performed 2. The next enlargement from the present law that I find is one by him. the jndge, and the clerk of the court at great inconvenience, which makes it the duty of the supervisors. to require the statutory and to the general detriment of the service; but the judicial supervis­ oath to be put to the challenged persons, and their qualifications to be ion is preserved. passed upon and determined. In case the State officers neglect to put Under the present law a written application is required from each the oath, then the supervisors are enjoined to do it. What ground supervisor for his appointmtmt. This is changed. From time to time for serious opposition is there here? ' lists are to be presented to the court by a chief supervisor containing 3. They are to examine and inspect on the morning of election day, the names of eligible persons for appointment to twice the number and before any vote is received, the interior of all ballot boxes, to the necessary to be employe<,l, constituting a reserve from which to fill end that the same may be found to be wholly empty. Right here the 'Vllcancies. Under the present law the applications filed, only, are be- shoe pinches.

' · 856 CONGRESSIONAL RECORD-SENATE. DECEMBER 29,

4. On election day they are to keep a poll list of all persons who roll of members-elect to the House of Representatives, except when an vote, a separate list of all persons whosevotes are rejected by the State appeal is taken to the United States circuit court and said court shall officers; receive the ballots of ali such rejected voters as shall tender deciue and declare some other person to have been elected, in which them, and to write on the back of each ballot the name of each person event such adjudication shall be final and conclusive upon said Clerk who tenders it and to return all such ballots to the chief supervisor, until the House of Representatives, in the exercise of its constitutional a safe and proper guaranty against the rejection of legal votes and will prerogative, shall otherwise decide. be quite necessary undel' the remarkable provision of the constitution These provisions practically provide a judicial determination of Rep­ of the State of :Mississippi, commented on by the Senator from Wis­ resentatives' prirna facie right to their seats in the House; remove it consin the oth ~ r day. from narrow, bigoted, and oftentimes dishonest partisanship. The 5. It is imposed upon them to make when required a list of persons inferior property or personal right-& of the individual are to be deter­ who may be, from time to time, naturalized, and -they are invested mined by our courts, why not the people's right of representation? with the right to examine the applfoations for naturalization and ad­ Why not the constitutional right of the majority to representation? vise the courts of any reasons they have learned why applications should Why should not our form of government be enforced by our courts, and not be granted, and I helieve there is an express provision that all frauds investigated and exposed there before they have borne their fruits naturalizations hereafter must be in open court. In the light of the and seated the beneficiaries in official places, investing them with naturalization frauds I have commentedifications thereof and sary. The chief supervisor knows where their services are required, prevent bribery. because all complaints of fraud are made to him or through his sub­ I believe, sir, I have reviewed the material changes, conferring ad­ ordinates. ditional power, proposed to the present law. They do not justify oppo­ 8. The proposedamendatory law also requires the boxes in which the sition, but rather invite the concurrence of all Senators in them and, ballots for Representatives in Congress are to be deposited to be indi­ permit me to modestly add, when understood, will receive the ap­ cated by a proper label, and requires the supervisors to point out such proval of all fair-minded, honest voters. They are intended to pre­ boxes to any voter who may lnquire for the same, and provides for vent and defeat the practices of the others . . the placing and keeping of the said boxes in sight of electors, easy of THE FRAUDS l:N THE SOUTHERN STATES, access by them, and at such height only as will permit both the election Mr. President, Federal election laws should extend beyond and pre­ officers and the voters to see that the votes oftbe latter are placed therein, vent fraud and violence against a free suffrage elsewhere than in the and forbids the shifting, changing, or removing of such boxes at any great cities and by their criminal populations. . It is a fact practically time until all the ballots cast for Congress have been tallied, counted, - undisputed in this debate that the colored people of the Southern and canvassed, and the required statements and returns shall have States are denied a free ballot. Intimidation by brutal violence and been made out, signed, and sealed. murder have been openly resorted to, and frauds, scarcely concealed Explanations, comments . upon, or defense of these pr_ovisions are in the counting, to prevent the representative voters of nearly nine wholly unnecessary. Sir, I will pass them over in silence. It is to be millions of free people from exercising their constitutional right to par­ regretted that we are compelled to place in our statutes an open con­ ticipate in their own government and in making those laws upon fession of their necessity. - which their rights in property, their personal liberty, and their pros- The proposed amendatory bill (sections 9, 10, and 11) provides for a perity depend. · canvass of all ballots cast for Congress by t!ie State and national elec­ I do not purpose in detail t.o refer to the crimes and the cruelties tion officers jointly. When such canvass is completed both sets of offi­ that have been perpetrated to restrain and prevent the colored people cers are to make the proper returns or statements of their canvass of from the participation of political affairs in their States and in the na· such votes; the national officers are then to paste or attach to their re­ tion; the CONGRESSIONAL RECORDS arerepletewith theeVidence; the turns one ballot of each kind, size, and style or form found to have newspapers for twenty years have given the information to the country, been cast for any candidate for Congress, to write in words at full and in this debate the pending measure has been opposed because it length, partly on each such ballot and partly on the pa.per to which it would restore the ballot to this now disfranchised race. is attached the whole number of ballots found corresponding in size, It is not urged, sir, that it would promote illegal voting or frauds kind, or form with the ballot so attached. This can do no harm and, upon the suffrage, protect crimes, induce violence or murder; that has if the complaints of the use of tissue ballots are just, will defeat that not been the experience under the present law. To what crimes against fraud. All ballots rejected in the canvass as defective are to be taken the franchise under it have Southern Senators pointed? But because possession of by the nation~! officers and forwarded to the chief su­ to a great extent, if not completely, it will accomplish the reverse, it pervisor of elections, together with a statement showing by whom they is opposed. The Southern States are Democratic; their laws are en­ were rejected. acted by Democratic Legislatures andadministered by Democratic offi­ If the returns of the national and State election officers do not agree cers; the entire election machinery is in Democratic hands there, and the supervisors shall make a signed memorandum of the differences for fourteen years or more that party in the Southern States bas re· and inclose thJ same with their statements and certificates of the can- sorted to whatever legislation their lawmakers could devise to deprive vass. the negro of his ballot. • POWERS OF TllE BOARD OF CANVASSERS. States have been gerrymandered, constitutions even have been framed I . The proposed amendatory act (section 14) provides that for any State, to restrict his political rights, and he has practically relinquished efforts within which the election throughout the entire Congressional district to exercise '"the right of suffrage; and the other side now tell us that is supervised, the circuit court of the United States shall appoint three it is peaceful and quiet and orderly at the polls, and there is no need citizens of good standing and repute who shall be known as the United of Federal intervention! States board of canvassers of the Congressional vote. l\fr. .President, with this condition is it probable that either violence This board must convene on November 15 of each year, public notice will be provoked or injustice consummated at elections if those of the being given of the meeting, and their duty is to finally canvass and contrary political faith are protected by laws and if officers in sympathy tabulate the votes stated and certified in the returns of the supervisors with them are watchers of and guardians of the eleotions? of election, and to declare and certify the result thereof in quadrupli­ I repeat that this election law, ns well as all others, should be guarded cate; one such declaration and certificate is to be filed with the chief as far as possible against the power of coercion or perpetration of frauds; supervisor, one to be forwarded to the person found by them to have been and I do believe that the distribution of equal strength to the political elected, one to be sent to the Clerk of the House of Representatives, parties there would ever promote and insure an acqui.esce!lce in honest and one to tbe Secretary of State of the United States. Who doubts the methods and a just and fair treatment of the voters. Instead of colli­ appointments to those boards would be men of high character? sions between State and Federal officials, in my judgment they would As soon as the said board shall have issued its said declaration and be avoided, force and fraud would be unable to overcome weakness or certificate for a Congressional district any person who was a candidate ignorance, the offending party would surely suffer the consequences of for Congress in such dist.rict may, if he foe1s ~imself aggrieved there­ violations of the law, they would not bear fruit, and the two authorities by, present to the United States ci'rcuit court a petition contesting would combine for a fair and honest election. that declaration and certificate. And that court, ,the circuit court It is the open, undisguised purpose of the Democratic party by vio­ of the United States, openly tries the contest and determines who is lence and discriminating laws to disfranchise those people. The at­ entitled to the certificate of election and awards it accordingly. tempt to point at provisions of the pending· measure that are too harsh The declaration and certificate of anv United States board of can­ and too partisan is not a sufficient disguise of the real purpose of the oppo­ vassers of the Con~ressional vote as to the·election of any person therein sition. It is creditable because a proof that men are shocked them­ named is made in the proposed amendatory bill (section 14) the law­ selves at the abuses and crimes that I have referred to and will not ful credentials of the person therein declared to be elected and is bind­ openly defend them. Certainly they are not influenced bythefearifthey ing upon the Clerk of the House of Representatives in making up the openlyjustify them that their party will refuse to indorse their opposition. 1890. CONGRESSIONAL RECORD-SENATE. 857

I do not impute so unworthy ip.otives to any one; but it proves that· a tor here tbatjust previous to the last election in his State be advised the thllre is a sentiment in the Democratic party not wholly in sympathy colored men in bis em ploy to refrain from going to the polls. Senators -with the measures that have been resorted to. from the border States mh.y be more reserved in declaring the reasons of ANGLO-SAXON SUPERIORITY SHOULD BE JUST. their hostility to the pending legislation and attribute it to alleged I grant the superiority of the-Anglo-Saxon race over the negro; that obnoxious provisions of the bill. Their nearness to the strongholds it is a dominant and conquering.race, ambitiousofpowerand progress, of another and I doubt not a better sentiment should not, and no one proud andintolerantofinferiority; nevertheless it is a just people, gen­ here certainly believes does, temper their rhetoric. I am aware, sir, erous to the weak and ever ready to extend to them a helping hand, that the exclusion of colored men from exercising their right to vote is broad-minded in its charity and philuntbropy, and with the loftiest the issue that has been formed and is tendered by the other side; a conception of the purest and best forms of government. Appeal only to national danger lies unconcealed in the contest. We may temporize, the Anglo-Saxon superiority and pride of race, the enslavement of the but that will only postpone the struggle and probably intensify the neero might follow; to t];ieir sense of justice and generosity, and it interest and aggravate .the danger. will forever be an impossibility. Our people recognize the strong foun­ PREVIOUS ATTACKS ON THE ELECTION J,AWS. dation upon which manhood &uffrage rests; it is an armor and a defense As I have said, this is .not a new question. The legislative, execu­ to the poor, ignorant, and weak against the arrogance, selfishness, and tive, and judicial appropriation bill for the fiscal year 1880, thiril ses­ oppressions of the rich, learned, and strong. sion, Forty-fifth Congreas, as it passed a Democratic House, contained Political rights and eg_ualities are essential to protect the black man the following provision: from being degrad"ed, brutalized, and relegated practically to slavery. That the several sections oft.he Revised Slatutes of the United States, from and Whenever and wherever a weaker race is domiciled with a stronger, including section 2011 to and including section 2031, and all other provisions of' law authorizing the appointment of, or the performance of any duty by, any but denied political equality, their degradation and brutalization have chief or oiher supervisoi: of elections, or any special deputy marshal, or other followed. \Vhen the colored people no longer command the 'respect as deputy marshal of elections, or the payment of any money to any such super­ fellow-citizens of the people of this country and their degradation is ac­ •isor or dep•1ty marshal of elections for any services performed as such, be, and quiesced in, the day of their re-enslavement will dawn, possibly not in the same are hereby, repealed. the old form. When they are deprived of political power and the con­ The Republican Senate, by amendment, struck the provision from sideration that follows it, by one method or another theirbondagewill be the bill. The House disagreed to the Senate amendment and two con­ speedily accomplished, the boundary of their improvemem will have ferences were bad between the two Houses. Final report of disagree- been reached, and I fear, sir, their relaxation to the worst moral and 1,;ent was made to the IIouse March 3, 1879, nnd Congress adjourned intellectual conditions will follow. without providing the necessary appropriations for the support of the We are told Republicans would protect them in their constitutional Government. The close of the halls of legislation was involved and rights because they would rnte for Republican cannidates. Is it a the suspension of the executive and judicial functions of the Govern­ good reason for depriving a man of bis ballot because he would of his own ment. Description on my part is unnecessary for the Senate and the free will vote with one party rather than another? Sir, I deny that country to appreciate the far-reaching effect of the failure of that ap­ the Republican party is influenced in this great matter or bas been on propriation bill. that consideration. We will welcome gladly the day when the nc­ The Democratic Honse refused to adopt it unaccompanied by the groes of the South enjoy the right of suffrage and are divided in their rider that I have stated, which repealed the election law of 1871. It adherence to the parties. Then surely has the day of their emancipa­ was not claimed then, as it is not now, that it promoted ille­ tion dawned. Political consideration of them by opposing parties will gal voting or frauds, or that in its execution voters bad more than compel their protection and the fostering care by legislation that must l>een protected; bnt for that reason only the Democratic party de­ result in their better education, material advancement, and higher civ­ manded its repeal, and as an alternative threatened to starve the na­ ilization, and we will cease to regard their presence as a menace of tion to death. The President called the Forty-sixth Congrese,- both danger. Houses Democratic, to meet in extra session March 18, 1879, following, There are now nearly nine millions of them here. In another decade for the purpose of considering and passing the appropriation Lills. there will be twelve or fifteen millions; in two decades it is not unlikely Thelegislatfre, executive, and judicial appropriation bill at this ex­ there may be twenty millions. · The cruelties of their bonda~e pro­ trasession asitpassed theHouseproposed again the legisiation I have re­ voked a great civil war and their emancipation was purchased by the ferred towhi ch was attempted at the third session of the Forty-fifth Con­ waste of billions of treasure and the death or wounds of millions of gress. The bill passed and went to the President and was vetoed. The men. That, sir, proves a sentiment exists that will never rest contented extra session continued unti1June30, 1879, when theDemocraticparty with their relegation to the condition, or one near it, from which they surrendered, or at least deferred its assault for the second time on the were rescued. I do not know what is concealed in the future in respect life of the nation, and a joint resolution was passed continuing the ap­ to these people. It should be their improvoment to a worthy and re­ propriations for the legislative, executive, and judicial expenses of the spected standard of citizenship. I believe the political morality and Government for 1879 during the fiscal year 1880. conscience of the white race will not rest content except with their Ur. President, many of us participated in the exciting scenes of the progress in that direction and will never consent to the practical abridg­ third session of the Forty-fifth and the extra session of the Forty­ ment of their constitutional rights. sixth Congresses. I for one, sir, had hoped that the Democratic party . In this connection I must suggest that as long as those who dominate had abandoned the disfranchisement of the colored race and that it and deprive the black man of bis politicalrights.are united in political would never again be attempted. Democracy for months demanded faith and interests, agimtion will continue, constantly increasing in the right by violence and frand to restrain citizens of the United States volume and force, powerfully inspired by economic considerations. Not from voting, and defiantly proclaimed if that was not yielded them leg­ long, sir, will the injustice prevail of counting for representation in islation should cease, the laws should no longer be administered, and Congress and in the Electoral College nine millions, twelve millions, the Federal courts should be closed. A graver crisis had never but once twenty millions of people who are denied the exercise of political rights before confronted the country. and full citizenship, and who are growing more degraded and bar­ After the lapae of ten years Democracy·again occupies the same posi · barous through the operations of discriminating laws and the practise tion and makes the same demand. The alternative is not as im­ of violent methods against them. minently presented, but it will be in the near future. The bill now be­ I fear, sir, that the.~e laws and methods are already segregating the fore the Senate proposes permanent appropriation for the enforcement negroes from the white people; and, if so, when they have increased to of Federal election laws. A prophetic vision is not required to forecast the number I have indicated the solution of the question will not be that if the bill passes containing that provision its' repeal will be de­ delayed; but that it may come peacefully and not through insurrec­ manded by the next House of Representatives, Democratic, and the tion and war of races we will continue to hope and pray. The gravity alternative of 1~80 again 'Presented. If the bill should pass here with­ of the situation and of the pending question is the more momentous out the permanent appropriation feature, any appropriation bill in the because it is not new; and otherwise perhaps I would express greater future that makes the provision will fail in the next Democratic House, surprise that Senators are so willing to advertise the substantial reason and I am prepared-we all may as well be-for a demand a year hence for the opposition is that the proposed law will promote hone!it and fair for a repeal of the existing law, enforced by the refusal to make ap­ elections, without apologies for the wrongs that have been committed. propriation for the Government. As I have already said, the real purpose of the opposition to the leg­ I have thought it profitable to refer to the past, as it sheds some islation is not concealed, certainly not by representatives of Southern light upon the present and into the future,' I hope the purposes of States here. They proclaimed they would leave the Union because 1880 are not now entertained, but the policypursued bytheotherside the perpetuity of slavery was endangered, and, if necessary for its pres­ in respect to the proposed amendments to the elections law and their ervation, would inaugurate a bloody fratricidal war and destroy the. arguments seem to forecast a renewal of the contest, and to the bitter Union; so now they proclaim that they will not and their people will conclusion threatened by the Democrats then. They will have the not .submit to the participation by·colored men in State or national power in tl;ie next Congress to do that which will insure the election · ~overnment. Their silence as to the wrongs their people have done of a Democra.tic administration in 1892, or by cutting off supplies, as and their announcement that the colored man is unfit and unworthy l\fr. Garfield said, starve the nation to death. We must await the to share in the responsibilities of government mean that and nothing conclusion of the ap;itation against the colored man's suffrage to learn else, if bis exclnsion or the alternative of national assassination, is the issue Mildly, sir, their opposition was illustrated bytbedeclarationofa Sen- tendered by the Democrati? party. 858 CONGRESSIONAL RECOR.D-SENf\TE. DECEMBER 29,

Mr. HOAR. Mr. Presid.ent, the progress of liberty is like the ad- Iany man who supports it is actuated by a partisan purpose. We un­ > . vance of a tide. When its crested wave is highest it breaks and re- doubtedlv believe it to be true that the men who are now deprived of cedes. Its strength seems all gone. Its waters scatter and fall away. their constitutional rights are deprived of them because of their po­ rt seems, for the moment, as if its only office had been to float and to litical opinions. It is also, of course, true that when men are violently leave on the sand a little froth and a little scum, or deposit in the mnk or fraudulently deprived of their votes because of their political opin­ mud the carcasses of drowned animals or .decaying fishes. But the ions, the crime will be committed by men of other political opinions. eternal, ever·changing, never-changing ocean keeps what it gains. It But that the operation of this bill will give one party an advantage over renews its strength, it repeats its blow, it advances its step. The beach, another, that it will help one party rather than another, except so far the bank, the solid rock crumble before it. Its eternal purity is the as an honest election will help one party rather than another, I utterly health and life of the continent it embraces, and from its level all heights deny. and depths are measured. This is a bill to' e.x:Clude partisanship from the determination of the The great day of the Puritans who planted America, the day when title to a place on the roll of the House of Representatives as absolutely English 'power and English liberty were born, was followed by that of as the lot of humanity will admit. For the sake of bringing these elec­ CJ:iarles II, the dissolute pensioner of France, and of James, the cow- tions more completely under their partisan controlit has been the Dem.­ ardly bigot, who slunk away from his kingdom without a blow. But ocraticpolicyinmany Southern States to-take the choice of the election the-great gain which England made u~der Cromwell had not been lost. officers from the precincts and the people of the localities and place it There came in with William a purer, a wiser, and a more temperate directly or indirectly under the control of the governor, always a party liberty. That gave place in its time to the profligacy and corruption leader and not infrequently interested in the result. This bill before of the time of the early sovereigns of the House of Hanover. Then us confers the power of selecting men to witness what happens upon again the free spirit of England raised its head, uttering itd voice in the the judges, who are admitt~d to be the class of officers furthest removed speech of Chatham and manifesting its power in the victory of Wolfe. from partisan influence, and in case of dispute substitutes the judge Chatham in his turn gave way to Lord North and George Townsend, for the party leader in the duty of giving the certificate. and the statesmen of the stamp act, and the purchased House of Com- The Senator from Tennessee made this charge of partisanship with mons, and the purchased Irish Parliament, and the prostitution of the great vehemence. Yet, in his own circuit, which includes the great jury, and the loss of America. But liberty was not dead, nor sleep- States of Tennessee, Kentucky, Ohio, and Michigan, the function is to ing. She was but gathering her forces for the coming triumphs of the be exercised by bis own Democratic predecessor, a Confederate and a reform bill, and the rights of juries, and Catholic emancipation. Democrat, the trusted counselor of President Cleveland, and appointed It bas been the same in our own history. After the period of the by hipi to the bench. · Declaration of Independence, and the Revolution, and Yorktown, came I hope that as I proceed I shall be able to satisfy the Senate that it that pitiful season of broken faith and unpaid debts, and divided ia in the opposition and not the support of this measure that partisan­ counselB, arid Shays's rebellions, and national weakness and dishonor, ship is to be found, and that the anger which it has excited is the anger when our friends in Europe thought the best we could downs to throw of men who fear that their control of elections and manipulation of ourselves on our knees before George III and beg him to take us back returns for partisan purposes is to come to an end before the just and again under his protection. But out of this period came the greatest impartial authority of the judiciary of their country. forward step ever made by mankind, the framing and.adoption of the This is, in many respects, the most astonishing debate that ever oc­ Constitution of the United States and its inauguration under Wash- curred in the American Congress. We have before us a very simple ingt

. We have later Democratic testimony. In 1884 four member8 of the In the United States circuit court of northern district of Illinois . House, resident.a of the city of Brooklyn, N. Y., addressed to Mr. Brew­ WED:t.""ESDAY, Seplember 26, 1888. ster, the Attorney-General, an urgent request for a more liberal al­ Present, Hon. Walter Q,. Gresham,cireuitjudge. lowance of pay and a longer term of employment for the supervisors, In the matter of the application ofSlla.s D. Baldwin, Louis Adams, 'Villiam Eu­ gar, W. P. l\Iurphy, P. F. Murtaugb, A. W. Baldwin, Charles D.Wells, J. H. who are now denounced as spies and informers and infamous hirelings, McHenry, C. B. Leach, P. l\I. Riley, and G. H. Solomon, for the appointment employed to intimidate the people and thwart the expression of their of election supervisors under the provisions of the Revised Statutes of the will. I send the letter to the desk to be read. United States. The above-named persons having presented their said petition, and it appear­ The VICE PRESIDENT. The letter will be read. ing that the same is in due form, o.nd that the petition is filed in apt time and The Secretar.x rcaq as follows: by citizens of Cllica.go in good sta.n

It is curious to see whence comes the outcry against this measure, Besides, the inequality of the representation in the Legislatures of particular States would produce a Jik~ inequality in their representation in the National so moderate, so just, so beneficent. Arkansas, where the blood of Legislature, as it was presumable that the counties having the power in the Clayton still cries, unavenged, from the ground, lifts up her hands in former case would secure it to themselves in the latter. 'Vhat danger could holy horror that election inquiries are to be made hereafter under the there be in giving a controlling power to tho National Legislature? Of whom was it to consist? First, of a Senate to be chosen by the State Legislatures. peaceful shadow of the courthouse. 'fhe Democratic riders of Copiah If the latter, therefore, could be trusted, their representatives could not be County, Mississippi, who murdered and scourged unoffending Repub­ dangerous. Secondly, of Representatives elected by the same people who elect licans in their dwellings at midnight, are shocked at the suggestion of the State Legislatures. Surely, then, if confidence is due toJ.he latter it must be due to the former. It seemed as improper in principle, though it might be domiciliaryvisits. TheconstituentsofthegreattlriffreformeratWash­ less inconvenient in ~ractice to give to the State Legislatures this great au­ ington, Tex., who raided the ballot boxes and bung the election offi­ thority over the election of the Representatives of the people in the General cers so that-they should not bear testimony to the fact, are overcome, Legislature as it would be to give to the latter a like power over the election of with emotion that the processes which have answered so well for a. their representatives in the State Legislatures. hundred years should even be witnessed by an officer of the court. l\Ir. King says: If this power be not given to the National Legislature, their right of judging Mr. REAGAN. Will the Senator allow me to interrupt him? of the returns of their membc1·s may be frustrated. No probability has been Mr. HOAR. Certainly. aug-gested of its bein~ abused by them. Mr. REAGAN. Did the Senator ever learn of the hanging of an l\Ir. Gouverneur l\Iorris observed that the State3 mig-ht make false returns election officer in Texas? ,. nnd then make no provisions for new elections.-Tlte Madison Papers, volume Mr. HOAR. The Senator from New York [Ur. EVARTS] made the 3, pages 1280, 1281. report from tho committee, in which it appeared that four election offi­ Showing that the very purpose of the act was to have the authority cers were present. There was :m attack by masked men on the polls. over the returns as well as over the places of the el~ction. One man was shot and the negroes who were present were imprisoned Mr. Hamilton goes on to say, speaking of the power of Congress to and were taken orit of the cot:irthouse and hung. regulate in the last resort the election of its own members: I Rm greatly mistaken if there be any article in the whole plan more com­ Mr. REAGAN. Not one of the negroes who were hung was an elec­ pletely defensible th1m this. Its propriety rests upon the evidence of this plain tion officer. proposition, that every government ought to contain in itself the means of its Mr. HOAR. He was a Republican. lie was a witness, at any rate, own preservation. and was hung so that he could not bear testimony to this raid on t·he Mr. President, we find that the Supreme Court of the United States ballot. haYe in a. recent most solemn and unanimous judgment made a like dec­ 1.Ir. REAGAN. He wa.'3 not a witness. He was defendant, under fara tion, and the court go on to declare that it is the duty of Congress­ 1 the charge of murder, and not a witness. to provide in an election held under its own authority for security of life and Mr. HOAR. I think the Senator's plea in abatement will be over­ limb to the voter while in the exercise of this function. Can it be doubted that Congress can by law protect the act. of voting, the place where it i8 done, and ruled by the court. the man who votes from personal violence or intimidation and the election The red shirts of South Carolina are afraid they will have to turn out itself from corruption and fraud? · again, and that the eight-ballot-box device will no longer serve its pnr­ In the latter of these two judgments of the Supreme Court it is not pose. Louisiana, where, if her Senators tell me correctly, the Demo­ only declared to be the unanimous judgment of the court, but Justice cratic governor appoints every election officer throughout the State­ Uiller sta~s these propositions as propositions in regard to which there ! have not been able to find the law to examine it-is afraid that the is no doubt. will of the people shall be interfered with. The Senator who repre­ Mr. REAGAN. M:ay In.sk the Sena.tor what opinion he quotes from? sents Danville is afraid that the race issue will be mised again. Bal­ Mr. HOAR. I am reading from the opinion of Ex parte Siebold, and timore, where the governor, al ways a partisan leader, even when himself from the latter opinion I will, with the leave of the Senate, print the a candidate, appoints the board who select every precinct officer, and extracts in full. I have omitted some of the language of it. Here is where the armed police are authorized, if they sec fit, to turn out every the sentence in Ex parte Yarbrough to which the judge applies his officer and conduct the electio.n themselves, shudders at the thought statement that there is no doubt about the proposition: that local election officers shall not be appointed by the localities. It is indispensable to the propet• discharge of the great function of legislating This is, as I said, a very simple bill to accomplish a very simple for that Government that those who are to control that legislation shall not owe purpose. Its friends suppose: their election to bribery or violence. FirSt. That every citizen of the United States is entitled to demand Mr. REAGAN. Does the Senator understand that in that opinion from Congress all legislation which is necessary to protect him in the and that class of opinions the court were unanimous? rights which the Constitution of the United States confers upon him. Mr. HOAH. In the first opinion Justices Clifford and Field dissented. Second. It is the duty of Congress to make all laws necessary and The second opinion was not only the unanimous judgment of the court, proper to carry into execution the powers therein conferred, and but the court say, "These propositions are propositions of which there among them the power to elect, by the fair choice of the persons enti­ can be no doubt." tled to vote, a national Honse of Representatives. Mr. REAGAN. I think the Senator must be mistaken. The prin­ Third. They find in the Constitution an express declaration that cipies of the two opinions were dissented from in a very learned and Congress may at any time make regulations as to the manner of hold­ masterly opinion delivered by Justice Field and concurred in by the ing elections for Representatives in Congress, or alter those made by other Democratic judge. the States. Mr. HOAR. That is true in the case of Ex parte Siebold. Fourth. They find that the authors and advocates of this cl~use of Mr. REAGAN. And the other follows immediately afterward? the Constitution of the United States declnred that it was inserted to Mr. HOAR. The case of Ex parte Yarbrough is two or three vol- meet such a state of things as has now actually arisen. . umes later. I have here the statements which have already been read in the de­ l\fr. SPOONER. If the Senator from Massachusetts will n.llow me bate. I wish to read a line or two from each of them, from Mr. Mad­ to make asuggestion, that only shows that the majority of the court ison, Mr. Rufus King, and J'ifr. Gouverneur Morris, in order to show in the opinion~ in both cases had the benefit of the masterly arguments ho:w completely they anticipate and overthrow the criticisms which on the other side. have been made by the Senators on the other side of the Chamber upon Mr. HOAR. The case of The United States 'Va. Clark was ·the one the constitutional power. Mr. Uadison says: · which immediately followed, where a dissenting opinion was filed, but The nece!!sity of a. General Government supposes that the State Legislatures in the case of Ex parte Yarbrough-I have the reference to iii here-to will sometimes fail or refuse to consuH the common interest at the expense of be found several volumes later on, there was no dissenting opinion. their local conveniences or prejudices. The policy of referring the appoint­ It is in 110 United States Reports and the other is in 100 Unjtcd States ment of the House of Representatives to the people and not to the Legislatures of the States suppose!!' that the result will be somewllat influenced by the mode. Reports. In the case of Ex parte Siebold, 100 United States Reports, 371, in which the judgment of the court was delivered by Mr. Justice The Senators on the other side claim that the Legislatures should Bradley, there was a dissenting opinion; but in the case of Ex parte have the uncontrolled right of the matter of ascertaining, determining, Yarbrough, in 110 United States Reports, 651, Justice !\filler deliv­ and declaring the result, and the right to alter the manner of elections eretl the unanimous judgment of the court. does not include that. Now, Mr. President, having settled these propositions, we further This view of the question seems to decide that the Legislatures of the States think that the right of the American citizen to cast his vote in safety ought not to have tbo uncontrolled right of regulating the times, places, and manner of holding elections. These were words of great latitude. It was im­ and i~ honor is the most precious right he can enjoy under the Consti­ possible to foresee all the abuses thnt might be made of the discretionary power. tution. Is not a citizen deprived of his right under the Constitution Abuses, of course, by the States and by the State Legislatures, which of his country e11titled to look to the Legislature of his country for a the Constitution intended expressly to prevent. remedy? Do you rloubt it in the case of an outrage committed abroad? Would :my Senator go home :mrl face his constituents if he bad not Whether the electors sli'>uld vote by ballot or viva voce; should assemble at thls place or that place; should be divided into districts or all meet at one gone to the extent ot bis c<>nstitutional and legislative power to inter­ place; ehould all vote for all the Representatives or all in a district vote for a pose the shield of the American Government in such a case? number allotted to the district-these and many other points would depend Do you doubt it in the case of his title to land or patent? Do you on the _Legislatures, and might materially affect the appointments. 'Vhenever the State Legislatures had a favorite measure to carry they woulu doubt it when he asks you to defend him against railroad or monop­ take ca.re so to mold their regulations as to favor the candidates they wished to oly? You put forth the whole military power of tbe Government to succeed. defend the settler against the Indian, though you have provoked him Exactly what these Southern States have done in many cases. by a hundred years of wrong. Will you not protect him against the 1890. CONGRESSIONAL RECORD-SENATE. 861 unprovoked outrai:tes of the fiends of Yazoo and Copiah and Danville? He goes on-I.omit some sentences now: Do you doubt that this is a question in which every citizen of the That indefensible political crime- whole country bas an interest? Do you stand here seriously ·to affirm The giving of suffrage to the blacks- tbat our fathers created a national Government and gave it no author- is the fountain whence all our blttel' waters flow. Here we find the fatal mix­ ity to secure the purity of the election of its great Representative As- ture of black and white suffrage. "' ,. • sem bly ? · It must therefore be conceded- N ow what is the attitude of the Senators on the other side of the Says the Senator further- Cbamber? that a.11 the troubles and dangers and complications confronting this country on We charge that by election practices in operation in some of the account of race conflicts and irreconcilable antagonisms grow out of the stu­ States the s~ts of at least thirty Representatives have been unlawfully pendous blunder of the fifteenth amendment. usurped. We charge that the Constitution of the United States has The Senator is not speaking of social equality. He is answering the been so violated and .overthrown that for fourteen years a minority bas charge that the Republican vote in the South is unlawfully suppressed. controlled the national House of Representatives. He answers it by asserting that " the white is the governing race," We charge that for four years the !'residency of the United States that" they cannot be forced into partnership with the negro on terms itself has been held by a usurper. of political equality in the Federal or State governments of this coun· We say that the case bas arisen which Madison and Hamilton and try." He goes on to denounce tbeConstitutioninthispartofitas "an Rufus Ki~g and Gouverneur Morris bad in mind. indefensible political crime," as "the fountain from which u.11 our We propose to invoke the courts of the United States, who are in the bitter waters flow, 11 as "a stupendous blunder," and .says thati its last resort the shield and protection of all our rights unde1· the Cons ti- mixture of black and w bite suffrage is '' fatal.'' I know that the Sen­ tution, to secure that the transaction shall be witnessed, that the evi- a tor' in another part of his speech uses language inconsistent with this dence shall be tlecured for the House of Representatives, the final judge conclusion. I shall quote that presently. of the election, and that the court shall have power to see that no in- The number of the two races in Alabama is not far from equal. justice is done meantime by givin~ certificates of election to persons I think under the census of 1880 the whites had a majority of a few not lawfully entitled to them. thousand. It is probable that the present census will show that both Now, what have the Senators on the other side to answer? Some races there are on a substantfal equality in numbers. I do not know of them seem to think that their best answer is in railing and reviling how that may be. Yet her honored Senator declares, as his answer to at the Senator who bas charge of the bill. Their abuse does me an a complaint that Republicans can not vote freely at the South, that the honor to which I should not otherwise have thought of laying claim. white people" can not .be forced into partnership with the negro on Their abuse brings me into a company with which I should otherwise terms of political equality" and that the Constitution of his country be far too modest to seek admission. How the Democracy of their.day is an ''indefensible political crime'' and a ''stupendous blunder.'' reviled Adams and Sumner and Seward and Lincoln. The Senators I c:m see bu tone meaning to these utterances. That meaning is that from Virginia and West Virginia are but repeating with far less ca- the Constitution shall not be obeyed. The Constitution of this coun­ pacity what their predecessors who defended the barbarism of their try is an infamous crime and the men of whom the Senator is speak- day did to men the latchetof whose shoes I am not worthy to unloose. ing will not obey it. . In reporting this bill, I but discharge a duty which devolves on me Compare this attitude, Mr. President, with the franker and manlier as chairman of the committee of the Senate to which that class of sub- one of the Garrison abolitionists. When Mr. Garrison came to the con· jects belongs. It is in full accord with my own opinions. But bow clusion that the Constitution of this country supported slavery he and idle, how unjust, how wicked is it to impute these opinions to preju- his followers went outside of it. The great orator, Wendell Phillips, dice or hatred against any section of my country or any portion of my the great political reasoner, Mr. .Garrison; and Edmund Quincy, with countrymen. They are opinions which I share with Grant, whose ten- six generations of family honor behind bim, spent their lives disdain­ derness and kindness toward all his countrymen is now everywhere ing to take the humblest office at the expense of taking an oath to sup­ confessed, whose last recommendation before the Republicans went out Iport the Constitution in which they thought they discovered wicked­ of power in the House in 1875 was the force bill of that winter. The nes& But the representatives of the Southern Democrats enjoy office, little finger of that bill was heavier than the loins of this. · they take the oath, the.v pocket the salary, they hold fast to political That bill authorized the President to suspend the habeas corpus and power, they swear to support this fifteenth amendment on their honor declare martial law in four great States for offenses far less than those and on their souls against every enemy, foreign and domestic, and their which have given occasion to this. Numerous national election laws method of supporting and defending it is to declai:e that it is an in­ were introduced by Senators in this Chamber at the last Gession, among famous crime, that it is a stupendous blunder, that the rule of suffrage them the Senator from Ohio, the Senator from Wisconsin, and the Sen- it creates, of partnership hetween all men on terms of political equality, Ator from New Hampshire. This bill came over from the House of shall not prevail, that they will not be forced into it, and that it is a Representatives. l\Iy function in regard to them has been to soften fatal mixture, the source of all our sorrows and of all our woes ! and mitigate the severity of every one of them. Even the Senator from I supposed that the Senate Chamber was not a place to discuss the Nevada, who spoke on Friday, declared his support· of the old force _ wisdom of the Constitution, but only how it should best be obeyed and bill, and declared his readiness, even now, to establish martial law and enforced. llut our friends furnish a curious comment upon their own to make use of military force if such should be the opinion of his Re- complaint. The Senator from Indiana told the Senate, with his ac­ publican a.ssociates. customed eloquence, us a reason for opposing our policy of justice to the In reporting and in supporting this measure I am but keeping the negro, that the 8, 000, 000 bales of cotton raised this year by the South pledges made by Grant, and Hayes, and Garfield, and Logan, and Har- are equal to a cash dtiposit of $300,000,000, and are the chief security rison, made by every Republican national convention and by the Ue- of the country against financial disaster, and that the South has gained publican conventions in nearly every State, by Massachusetts, by Maine, three thou!:'and millions in wealth in a decade. by New York, by Nebraska, by Pennsylvania, by Alabama, by Mis- One of the great lights of the church has written a hook in which souri, by Mississippi. If I err, I err in good company and in obedi- the truth of Christianity is proved from the admissions of infidels. It ence to voices I am bound to respect. is ensy to vindicate this bill from the admissions of Senators who have Mr. President, it will not be eipected that I should take up the attacked it. Who raised that cotton crop? Who earned that wealth? numerous and elaborate speeches on the other side in all their detail. Who restored to the South the prosperity which the rebellion of the I think I shall have done my full duty if I examine what has been white Democrat had destroyed? We rejoice at your renewed and said by four Senators, who, between them, seem to me to have covered abounding prosperity. The Senator from Tennessee tells us that the the whole ground. Each of these Senators stated the case on his side 7,500,000 bal&i, as he estimates the cotton crop, were raised princi­ clearly and powerfully. Each of them maintained the decencies of de- pally by negro labor (page 636), and he further tells us that the ne­ bate. While neither of them forgot that he was a Democrat, neither ~roes, nearly all, are Hepublicans (page 636). It is the Republicans of forgot that he was a Senator. I refer to th~ junior Senator from Ala.- the South, according to your own confession, the men who tilled your bama, the Senator from Delaware, the junior Senator from Mississippi, fields and took care of your wives and children when you were absent and the junior Senator from Tennessee. trying to destroy your country, who have restored your wealth and It is not difficult to extract from the speeches of these Senators evi- have made a bulwark for your country against financial disaster. It dence in abundance both of the necessity for this bill and the right- 1s the creators of your own wealth you disfranchise. eousness of this bill. The junior Senator from Alabama, usually so "Fatal mixture of black and white suffrage," says the Senator from calm and temperate, uses the following language. He uses it, be it Alabama. "Wi11 not be forced into partnership on terms of political remembered, in reply to complaints of citizens disfranchised, of seats equality!" We are dealing wholly with securing an honest vote for usurped, of lawful majorities overthrown, of the will of the American members of Congress. There never were in the times of which you so people frustrated, of the Presidency itself made the prize of violence much complain, when, as you say; the negro ruled the whole Routh, and false counting and ballot-box-stuffing. This is bia language: more than seven or ei~ht members of that race in Congress at one They- time. Is it asking too much in a Hepublic thaL the creators of three The whites- thousanrl millions of your wealth, that the preservers of your country against financial disaster, that the laborers who, ns the Eenato!" from are the governing race in this and o.11 free countries, and can not be forced into Florida [Mr. CALL] to1d us the other day, live on their own real partner~hip with thenegro on terms ofpolitfca.lequality in the Federal or State ~overnments of this country. estate, which they manage, and get a dollar and a.half a day on the 862 CONGRESSIONAL RECORD-SEN.ATE. DECEMBER 29,

average, should at least have their votes counted when ibey content pcatcdly elected to office, nnd an educated colored Republicnn named Bpwles. returned from Ada.ms County to the last Legislature, took a high stand 1n that themselves with sending this small number of their own race to the body, as did some others of his race. House of Representatives? Where, then, is the mighty harm? Where is the danger to ci vilizn­ There is another very interesting sta~ement which comes as a con­ tion? What is the terror in letting this race have their v:otes h~nestly tribution to this debate. It comes both from the Senator from Ten­ counted? Why do you not let them even elect a dozen of thcu o~n nessceand the Senator from Mississippi. The Senator from Tennessee race to the House if they like, the race who by your own confeSSton says (page 674) that he lives in~cityof seventy-fiveoreightythonsarld have manifested the most sublime example of patience and inhabitants, where the Repubhcan party, mostly colored, has been ~orgivenes.~ known to history, the creators of your new wealth.' ~lie sh1eld of tJ:ie predominant, and that there has been no trouble of late years. He country from financial dis::i,ster, and who in the cities and counties says, too, that they have a modified Aust~alfan ballot law; ~h~t ~he where they have unquestioned sway, according to these Senators, show saloons are closed election day and the pohce on guard; that it 1S like you communities which a.re models of order and pea.ce? . . _Sunday. .Men go to the polls as quietly as to church, notwiths.t~d­ But the Senator from Alabama says in another part ot' Lis speech: ing there is a Republican majority and five out of six of that mn.Jonty It can not be denied that each State has exercised the power judiciously and are colored voters. in good faith, so as to secure free and fair elections. Pretty good political partners, it seems to me, these colored voters It can not be denied! But it is denied. It is denied in the plat­ make in the city of my honored friend, the junior Senator from Ten­ forms of a great national party. I~ is denie~ ~n the ~e~sages ~f _Pres­ nessee (Mr. BATE]. They compare very well with the white Demo­ idents. It is denied in the complamts of milhons. of lDJnred_c1tize~s. crats of New York or Chicago, or, if the Senator from New J e~sey [Mr. It is denied by the reports of investigating committees. ~tis deme.d McPHERSON] be riiYht, the white Republicans of Philadelphia. in many a solemn judgment of the Honse of Representatives. Iii is Mr. BATE. I k~ow the Senator from Massachusetts will not take denied by his associate, the Senator from New Jersey, who asserts that it as an interruption when I simply state to him that the peaceful con­ free and fair elections do not exist in the chief city of the great St.ate dition of .affairs to which I alluded grows out of the fact that t~e of Pennsylvania. I~ is denied by ~he Southern Democratic pr~s, by whites do not disturb the negroes, who vote as they please, and there is the official utterances of Democratic governors, and the confes~ons of ·no necessity for a change. , . Democratic statesmen. It is denied by the logic of the Senator's own · Mr. HOAR. That is what we want to make the law, and that is a speech and by "the history of his own State. stupendous political blunder and an infamous political crime, according Has the Sena-tor read the history of the more than two hunct;red con- · to the Senator from Alabama. _ tested-election cases in the House? Has he forgotten the history of 1.fr. BA.TE. That peaceful condition exists now, and therefore there the Fourth district of Alabama? Doe3 not he know that She11ey, the is no reason for changing the law. Democrat, was three times certified by the Alabama election officers, Mr. HOAR. There is no harm in having the votes counted then. though in a minority of thousands? The case was so gra.ss that even The honorable Senator from Mississippi [Mr. W ALTilALL] told us the Democratic House was compelled to seat the Repnbl!can contest­ the other day of county after county in his State where he says the ant, although they put off the act of_justice until .late in the second ne!?l'o is in the majority, where a large proportion of the public officers session. Five times have the Repnbl!cans, as I claim and as I firmly there are colored people, and where a state of things similar to that de­ believe, carried that district by large majoritie.q. . scribed by the Senator from Tennes5ee exists. I speak of. the j ~ior Five times have they been counted out by the local election officers. Sena.tor from Mississippi Let me read two or three of his contribu­ Three times have the"' House done a tardy justice to the man really tions to the facts of this-debate. He says: elected. I remember the Republican member, Mr. Craig, callingupon There are more negroes in office this day in Bolivar County- me at theend oftbe Congress of 1885, in which though really elected Which be says gave Harrison 800 majority, Garfield 757,• and Hayes he had filled bis seat for about five weeks only, to ask me whether still Jarger- I tliought it bis duty to waste bis life in 'Contesting a district where he could always be elected, but never be returned. The"I"e are mor£> negroesin office this day in Bolivar Co~nty than in any other county in the United States, and more than in entire States in the North which How can the Senat

NOMINATIONS. SENATE. Executive nominatfons received by the Senate the 29th day of December, 1890. TUESDAY, December 30, 1890. POSTMA.ST.EB$. , The Senate met at 10 o'clock a. m. James C. Grubbs, to be postmaster at Newport, in the county of Prayer by the Chaplain, Rev. J. G. BUTLER, D. D. Jackson and State of Arkansas, in the place of Jam.es W. Grubbs, re­ The VICE PRESIDENT. The Journal of yesterday's proceedings signed. will be read. Benjamin B. Bunnell, to be postmaster at Branford, in the county Mr. GORUAN. I submit, sir, that there is no quorum present, . of New Haven and State of Connecticut, in the place of Henry D. Lins­ owing to the early hour of meeting. I suggest µ. call of the roll. ley, whose co~mission expired July 26, 1890. The VICE PRESIDENT. The roll of the Senate will be called. John Cunningham, to be postmaster at Salem, in the county of l\fa­ The Secretary called the roll; and the following Senators answered rion and State of Illinois, in the place of Rowland H. Williams, de­ to their names: ceased. Berry, Faulkner, l\IcPherson, Stewart, James R. Stanwood, to be postmaster at Waldoboro', in the county Carlisle, Gorman, Morrill, Stockbridge, of Lincoln and·State of Uaine, in the place of Samuel L. Miller, whose Casey, Hale, Pasco, Teller, Davis, Ilarris, Sanders, 'Va.Ithall, commission expired January 7, 1889. . Edmunds, Hoar, Sherman, Wolcott. William Davis, to be postmaster at Slater, in the county of Saline and State of Missouri, in the place of Samuel C. l\Iead, whose com­ The VICE PRESIDENT. Twenty Senators ha'\'e responded to their mission expires January 10, 1891. names. No quorum is present. Charles H. Luster, to be postmaster at Brunswick, in the county of l\ir. SHER1\1AN. , I move that the Sergeant-at-Arms be directed to Ch:lriton and State of Missouri, in the place of Edward Bowman, whose request the attendance of absent Senators. commission expires January 19, 1891. The motion was agreed to. Mrs. Militia A. Lush, to be postmaster at Marysville, in the county The VICE PRESIDENT. The Sergeant-at-Arms will execute the of Lewis ~nd Clarke and State of Montana, in the place of Charles E. order of the Senate. Dudiey, resigned. · After a little delay, Mr. ALLEN, Mr. BLODGETT, Mr. COCKRELL, William It Cole, to be postmaster at Pottsville, in the county of 1\fr. FRYE, Mr. MANDERSO.N, Mr. POWER, Mr. REA.GAN, Mr. SPOONEn, Schuylkill and State of Pennsylvania, in the place of James H. :Mudey, and 1\Ir. VANCE entered the Chamber and answered to their names. whose commission expired July 26, 1890. . The VICE PRESIDENT. It is proper for the Chair to state that Henry J. Hays, to be postmaster at Kittanning, in the county of the Senator from Kansas [l\fr. INGALLS] is absent on leave. Armstrong and State of Pennsylvania, in the place of Alexauder Graff, Aft~r some farther delay, Ur. BARBOUR, Mr. BATE, Mr. BLACK­ whose commission expires January 5, 1891. BURN, l\Ir. CAl\IERON, 1\Ir. CIIA.NDLER, Mr. Co.KE, Mr. Drx:ox, 1\!r. 1\1rs. M:ary M:. Housberger, to be postmaster at Tamaqua, in the EVARTS, Mr. HAWLEY, Mr. HISCOCK, l\Ir. JONES of Arkansas, Mr. county of Schuylkill and State of Pennsylvania, in the place of Henry MORGAN, Mr. PLATT, Mr. VEST, and Mr. wASHBURN" entered the C. Honsberger, deceased. Chamber and answered to their names. 1\1 rs. M:ary M. Davis, to be postmaster at Centreville, in the cou,ty The VICEPRESIDENT(atl0o'clockand56minutesa. m.) Forty­ of Turner and State of South Dakota; the appointment of a postmaster four Senators haYe responded to their names. A quorum is present. for the said office having, by law, become vested in the President on The J ou.rnal of yesterday's proceedings will be read. and niter January 1, 1891. · The Journal of yesterday's proceedings was read and approved. William V. Roberts, to be postmaster at Fair Haven, in the county The VICE PRESIDENT. The morning hour has expired·by direc­ of Hutland and State of Vermont, in the place of Warren L. Howard, tion of the Senate. The Chair would like to know the pleasure of the removed; the former having been appointed November 12, 1890, and Senate with reference to further proceedings by the Sergeant-at-Arms confirmed December 13, 1890, as Will Roberts. Nomination to correct to request the attendence of nbsent Senators. error in name. l\Ir. HOAR. I move to dispense with further proceedings. APPOINTl\IENTS IN TIIE SIGNAL CORPS. · l\1r. HARRIS. I suggest that further proceedings be dispensed with. To be major. The VICE PRESIDENT. · It will be so ordered, if there be no ob­ Capt. Hen:y H. C. Dunwoody, of the Fourth Artillery, December jection. 18, 1890, to fill an original vacancy. SENATOR FROl\I IfJAIIO. To be captains. The VICE PRESIDENT laid before the Senate the credentials of Fred. Capt. Robert Craig, assistant quartermaster, December 18, 1890, to T. Dubois, a Senator elect from the State of Idaho; which were read, fill an original vacancy. as follows: Capt. James Allen, of the Third Cavalry, December 19, 1890, to fill EXECUTIVE OFFICE, STATE OF !DAITO, an original vacancy. Bom City, Idah-0, December 23, 1890. First Lieut. Charles E. Kilbourne, of the Second Artillery, December To the President of the Senate of the Unifed States: 20, 1890, to fill an original vacancy. Sm: Whereas it is certified to me by the presiding officers and clerks of thc senate and house of representatives of the first session of the Legislature o'" First Lieut. Richard E. Thompson, of the Sixth Infantry, December' th~ Slate o~ Id.aho that in joint !!!ession of the senate and house of represeni: 20, 1890, to fill an original vacancy. atives, a majority of all the members of both houses being present and voting, Fred 'l'. Dubois was elected a. Sena.tor of the United.Sta.tes for the full term com· To be first lieutenants. menciog March 4, A. D. 1891: First Lieut. George P. Scriven, of the Third .Artillery, December 18 T~erefore, I, N<;>nnan B. Willey, governor of the State of Ida.ho, do hereby ce~tify that a.t a Joint session of the senate and house of representatives of 1890, to fill an original vacancy. . ' said 8tate, duly convened and held at Bois6 City, Idaho, the capital of said Second Lieut. William A. Glassford, of the Signal Corps, December State, on the 18t.h day of December, A. D. 1890, a majority of the members of 19, 1890, to fill an original vacancy. the s~nate ~nd hous~ of representatiT'es being pre.sei;it. and voting, Fred.' T. Dubois received a mB.Jority of all the votes cast at said JOmt se!!!sion for Senator Second Lieut. Joseph E. Maxfield, of the Signal Corps, December for the State of Idaho for the full term commencing March 4., A. D. 1891 and 19, 1890, to :fill an original vacancy. was so duly elected and so declared elected as said Senator for said teri'.n by Second L~e~t. Frank Greene, oft.he Signal Corps, December20, 1890, the presiding oflicer of said joint session, as provided by law. Given under my hand and the s~loftheStateofida.ho,at Boise City Idaho to fill an ongmal vacancy. the day and year first above written. ' ' PROMOTION IN TIIE N.A. VY. fsEAL.) NOR1\1AN B. WILLEY, Goi·emor. By the governor: To be lieutenant, junior grade. A. J. PrmaliM., &cre.tary of Slate. Ensign Augustus C. Almy, United States Navy, to be a lieutenant, The VICE PRESIDENT. The credentials will be placed on the junior grade, in the Navy from the 28th October, 1890, t'ice Lieutenant, files of the Senate, if there be no objection. · junior grade, Walter M. Constant, deceased. ~Ir. HAIUUS. Do they not go to the committee under the order made yesterday morning? CONFIR~1ATIONS. Mr. COCKHELL. I move that the credentials be referred to the Ex.ecutive nominations confirmed by the Senate December 29, 1890. Committee on Privileges and Elections. The VICE PRESIDENT. If there be no objootion, it will be un­ ASSOCIATE JUSTICE SUPRE~IE COURT. derstood that the order of yesterday will apply to the credentials pre­ Henry B. Brown, of Michigan, to be associate justice of the Supr~me sented this morning. The credentials will be referred to the Commit­ Court of the United States. tee on Privileges and Elections. PROMOTIONS IN TIIE A.Rl\IY. LIMITATION OF DEBATE. Ordnance Department. Mr. HOAR. Has the unfinished business been laid before the Sen­ First Lieut. John T. Thompson, of the Second Artillery, to be first ate? lientenant. The VICE PRESIDENT. The hour of 11 o'clock having arrived Second Lieut. Charles B. Wheeler, of the Fifth Artillery, to be first it is tile duty of the Chair to lay before the Senate the unfinished busi~ lieutenant. ness.