348 CONGRESSIONAL RECORD-HOUSE. DEOEl\1BER 21, 

common with his western friends, auvoca.ted the white basis. The j and serono time, refe~red to the Committee of Ways and Means, and 

question was finally settled by a committee of compromise of which ordered to be printed. 

he was a member. R. D. SAL'MANS A~D OTHERS. 

He waa twice npon the whig electoral ticket as electQr~ but failed Mr. MILLIKEN, also, by unanimous consent, introduced a bill (H. 

to ecure his election because his party was in the minority in the R. No. 4263) for the relief of R. D. Salmans and other ; which was State at both elections. 

In 1859 he was induced. to become again a candidate for the house read a first and second time, referred to the Committee on War Claims, and ordered to be printed. of dele~ates, with a view of pushing on the great central improvement which 18 now known as the Chesapeake and Ohio Railroad. He was BUSL~ESS ON THE SPEAKER'S TABLE. 

elected and served two sessions. It would scarcely be necessary for Mr. KASSON. I ask that the bills from the Senate now ou the m~ to say that be was one of the leading members of that body, if not Speaker's table may be taken therefrom, simply for reference, that 

the very leader. they may be put in possession of the committees before the holidays. 

While be was thus serving in the house of delegates, he, in 1861, The SPEAKER. The motion would be iu order after the morning was elected a delegate to the State convention known a3 the secession hour; but the gent.leman from Iowa may ask unanimous consent that 

convention. He entered that convention with a det-ermination to save the mot.ion may be entertained at this time. 

the Union if he could; but when President Lincoln called for money Mr. HOLl\iAN. I trust that after the morning hour all the busines.<J 

and troo_ps to su·bjugate t.he South, he did not think the Union could on the Speaker's table may be disposed of, so as to be properly refened 

be preserved, and voted for the separation. before the holiday recess. In 18G2, Hon. William Ballard Preston, one of the senators in the Mr. KASSON. If it is prefen-ed, I will postpone the motion for the 

confederate congress having departed this life, Mr. CAPERTON was present. 

elected to fill the vacancy. The SPEAKER. The Chair will recognize the gentleman aftorthe 

In 1875 he was elected by the Legislature of West Virginia a Sena.- morning hour. 

tor in this body, which he remained to the time Of his death. ORGANIZATION OF THE NAVY DURIXG pftACE. 

This is his public history, the principal part of which is known to Mr. WILLIS, by unanimous consent, introduced a bill (H. R. No·. your humble speaker. I said in the outset that he inherited his father's popularity and a 4264) providing for the organization of the N'avy during peac ; wllich 

large estate. which assertion 1 again repeat with the addition that he was read a first and second time, referred to the Committee on NavaJ. 

added greatly to both. By the rehearsal which I have given of the Affan:s, and ordered to be printed. 

chronology of his public life, it will be seen that his popularity grew CUST0:\1-HOUSE AND POST-OF.l<,ICE AT HARTFORD, CONNECTICUT. 

with his growth and strengthened with his strAngth; that his last Mr. LANDERS, of Connecticut, by unanimous eon ent, introdnced 

days were his most popular days; and he added to his fortune as well a bill (H. R. No. 4265) making appropriations for continuing the con- as to his popularity, and died possessed of a large estate. struction of the custom-bouse a.ud post-office at Hartford, ConnectiAs a lawyer·he was always ingenious and persuasive. Heunde stood cut; which was read a first an(l second time, referred to the Commitlaw as a science, and practiced with great success. He was generally tee on Appropriations, and ordered to be printed. 

enga.ged in all the important cases that aro e within the rauge of his 

practice. He generally argued his cases with marked ability, though 

ke was not always equal to himself. He required to be aroused; without that his utterance was a little hesitating, and his mind seemed 

timid in taking bold of the subject; but when thoroughly aroused his 

language flowed copiously and his mind worked smoothly and vigorously. He could not only follow up his snbject in argument, but 

could add beauty to st-rength ; he could cull flowers for the jury and 

carry on a playful dalliance with everything he met wit.h on the wn.ysi<le. He was probably the best lawyer I ever knew who did not com- mence the practice of law from necessity, poverty being as a general 

thinlY necessary, as I think, to professional success. I can unite with anot~er friend of his who said just before the senatorial election in • 1875, "Mr. CAPERTO~ is an accomplished man in every respect." His 

disposition was genial and his fund of information copious, which 

made him attractive as a social companion. 

His last illness was short. No one thought the symptoms. of his case were alarming. Some of his family were with him, not as watch- men at the bed of death, but as nurses around the bed of sickness. 

He was bolstered up in bed with pillows and said to his children who were present, "Hoist the window; hoist it quickly," and swooned 

away and died. 'fhe winged messenger wa.s sped with too fatal an aim. Death bad struck ita victim, and he is no more. "He is gone 

from us and will not come to us; but we may go to him." 

"The ways of Providence 31e inscrutable and past finding out." 

But this we know, that" it is appointed unto men once to die." He 

bas gone before us. ·we must soon follow. 

To say that he was an affectionate husband and a kind father would 

be commonpla.ce and almost a mockery in terms, for his family not 

only reverenced him but almost adoreft him. They have sustained 

the '' irrepm·able loss," and no one can realize the deep meaning of this 

expression who has never experienced it. 'Ve need not go into the 

sanctuary of the family to find mourners; they. are found in the 

streets, ·in the by-ways and the hedges, and everywhere wllere Mr. 

CAPERTON was known. 

Deeply sympathizing with his family and other friends in humble sorrow we submit to the fiat of an all-wise and inscrutable Providence. 

Mr. President, as a further testimonial of respect to the memory of 

the deceased, I move that the Senate do now adjourn. 

The motion was agreed to m;tanimonsly; and (at four o'clock and 

eleven minutes p. m.) the Senate adjourned. 

HOUSE OF REPRESENTATIVES. 

THURSDAY, December 21, 1876. 

The House met at twelve o'clock m. ·Prayer by the Chaplain, Rev. 

I. L. TOWNSE.i.~D. 

The J ourual of yesterday was read and approved. 

W. N. HALDEl\IAN. 

Mr. MILLIKEN, by unanimous consent, introduced a bill (H. R. 

No. 4262) for the relief of W. N. Haldeman; which was read a first 

DEVELOPME~T OF 1\!L~ING RESOURCES. 

Mr. O'NEILL, by unanimou.<J consent, introduced a bill (H. R. No. 

4266) to amend ection 2325 of the Revised Statutes relating to the development of the mining resources of tlle United States; which was read a first and Recond time, referred to the Committee on .Mines and 

Mining, and orde1·ed to be printed. 

MRS. ELIZABETH B. C. HARE. 

Mr. O'NEILL also by. unanimous consent, introduced a bill (H. R. 

No. 4267) for the relief of Mrs. Elizabeth Binney Cadwallader Hare, 

widow of George H. Hare,late a lieutenant in the Unitetl State Navy; 

which was read a. first and second time, referred to tho Committee on Invalid Pensions, and ordered t-o be print-ed. 

OSCAR B. K~OTr. 

Mr. VAN VORHES, by unanimous consent, introduced a bill (H. R. 

No. 4268) b'Tanting a pension to Oscar B. Knott, late a priYate in Company K, One hundred and sixty-first Regiment Ohio Volunteer Infantry; which was read a first and second time, referred to the Committee on Invalid Pensions., and ordered to be prin~. 

OSAGE ~IAI.~S. 

Mr. SCALES. I ask unanimous consent to report from the Committee ou Indian· Affairs a bill authorizing the issue of certain funu now in the Trea.sury belonging to the O.sage Indians, for the bone fit of ujd 

Indians, and am instructed by the committee to move that the bill he now put upon ibi passage. If the House will allow me I <lesire brieUy 

to explain the object,of the bill. 

The SPEAKER. The Chair will hear the gentleman from North 

Carolina, [l\IR. SCALES,] reserving the right of gentlemen to object. 

Mr. WILSON, of Iowa. Let the bill be rea<l. 

The bill was read, as follows : 

Be it enacted. &c., That the Secretary of the Interior be, and he hereby is, authorized to issue a sum not exceeding $:>0,000 from funds now in the Tz·eMnry belnn.?-

ing to the Osage Indians under an net of July 15, l870, to be e..~pended for tlleU" 

benefit, to aid them in agriculture, for their care aod support, and in ex:t.endin"' improvements already begun OQ. their reservation, and in any other manner to pro- mote their civilization and improvement. 

Mr. SCALES. I desire to make a brief statement. The bill is based 

upon a report made by the agent who baa charge of tho e Indians. 

It comes from Superintendent Nicholson, who, I think, is one of the 

best and most faithful superintendents we have in the whole service. 

It is recommended by the Commissioner of ..Indian Affairs anti the 

Secretary of· the Interior, and reported favorably by the Commissioner of Indian Affairs. 

The bill only provides that the Osa.ge Indians, who ;ne perhaps the 

richest tribe of Indians we have in this country, shall be permitted to 

use ~1)0 000 of their own funds now in the Treasury. According to a. 

report made by the Commissioner of Indian Affairs they have now in 

the hands of the Treasurer nearly one and a half millions of dollars. 

They are in a destitute condition. They need this money badly. 

These are the representations made to ns; and this simply provides 

that the e Indians be allowed the use of 50,000 of the fund which IJe- lon~s to them, and which is now in the Treasury. 

The SPEAKER. Is there objection to the reception (}f the bilH 

Mr. WILSON, of Iowa. Does it come from the Committee on Indian Affairs. 
,_ ···~ 

1876. CONGRESSIONAL RECORD-HOUSE. 349 

Mr .. SCALES. Yes, sir; it is a report from that committee. 

There ueing no objection, the bill (H. R. No. 4272) was received, 

and rencl a first. and seconrl time. 

Mr. HOLMAN. I k that the bill be again rea{}. 'And I would sug- ge~ t t.o the gentleman from North Carolina- that the act of 1870, to 

which reference is made in the bill, ue also l'ead. 

Mr. SCALES. It was by t he act of 1870 that these lands were sold ancl tl1e proceeds pnt into 'tlle Treasury. This is the interest on that 

uwttey. They are in need of it. They did not get it last year. 

l\Ir. HOLMAN. This only applies to the interest on the fnnd f 

.Mr. SCALES. This. 50,000 will not take the whole interest. 

The bill was again read. 

The bill wa-s oruered to be engrossed and read a third time; and it 

wnR n.ccordingly rea.d the third time, and passell. 

Mr-SCALES moved to reconsider the vote by which the bill was pa:se.d ; ancl also moved that the motion to reconsider be laid on the 

tahle. 

The latter motion was agreed to. 

CONTESTED LAND TITLES. 

Mr. KIDDER, by unanimous consent, reported back from the Committ.ee on Public Lands, with amendment, the bill (H. R. No. 2114) to 

givo parties contestant time to file on or enter lands under the preemption, homestead, or timber-culture acts after the contests shall 

have been finally decided; which was ordered to be printed and re- committed, not to be brought ba.ck on a motion to reconsider .• 

AMENDMENT OF REVISED STATUTES. 

Mr. KASSON, by unanimous consent, introduced a bill (H. R. No. 

42<J9) to amend section 3830 of the Revised Statutes; which was read a first and second time, referred to tbeCommitteeonCoinage, Weights, 

an1l Measure~, and ordered to be printed. 

Mr. WALKER, of Virginia, by unanimous consent, introduced a bill 

(H. R. No. 4270) to amend section 2002, and to repeal sections 1900, 

fi293, aucl5523 of the Revised Statutes of the United States; which was read a first and second time, referred to the Committee on the 

Judiciary, and ordered to be printed. 

MARY E. CAMPBELL. 

Mr. HUNTO}T, by unanimollS consent, reported back, with a favorable recommendation, from the Committee on Revolutionary Pensions a bill (II. R. No.1985) granting a pension to Mary E. Campbell~ which was rijferred to the Committee of the Whole on tho Private Calendar, 

and the accompanying report ordered to be printed. 

W. & W. H. LEWIS •• 

Mr. BLISS. by unanimous constmt, introduced a bill (H. R. No. 4271) 

authorizing William Lewis an<} William H. Lewis to make application 

to the Commissioner of Patents for the exteusion of their patent for new and useful photographic-plate-holders; which was read a first 

aml ~:;econd time, referred to the Committee on Patents, and ordered 

to be printed. 

GRASSHOPPER PLAGUE. 

Mr. HATCHER, by unanimous consent, presented a memorial of 

the governors of Missouri, Illinois, Iowa, Kansas. Nebraska, Dakota, 

and others, for action on the part of Congress in reference to the grasshorper plague; which was referred to the Committee on Appropriations, and ordered to be printed. 

TAJ\IP.E~G WITH THE MAILS. 

Mr. PLATT. I ask unanimous consent to offer the following reso- lution: 

Whereaa ADRA.)I S. HEWITT, a membf'r of this House, has asserted on this floor 

in puulic speech that his letters, pas ing through the PQ,it-office at the city of "ew York, have been ille~ a.lly opened before delivery and while in charge of the postal officers or emploras of the United States: ·Therefore, 

Resolved, That a. committee of five members of this House be appointed to investigate said charge, and whether the same he bue or false, and l>y whom, if by any person, saiu criminal act or acts were committed, and report ther-eon to this 

House a early as pr;wtica.ble; and that said committee have power to send for per- sons an<l papers. 

The SPEAKER. Is there objection to the introduction of this reso- lntiou f 

There was no objection. . The SPEAKER. The question is on the adoption of the resolution. 

Mr. WILSON, of Iowa. ThegentlemanfromNewYork[Mr.PLATT] 

ought to pro"Vide in this resolution that the committee shall have 

leave to report at any time. 

Mr. PLATT. I accept that amendment. 

Mr. HOLMAN. I hope that the resolution will be again reported. 

Mr. SPRINGER. I object to the introductiou of the resolution. 

The SPEAKER. The objection comes too late. The Speaker asked 

whether there was objection, and made the usual hesitation before 

annonncin.!! t.hat there was no objection. 

Mr. HOLMAN. It seems to me that this inquiry might be made by 

the Postmaster-General. I suggest the propriety of so modifying the ~esolntion as to instruct the Postmaster-General to make the inquiry. ·Mr. PLATT. I claim that I have the right to the floor. 

The SPEAKER. The gentleman from New York [1\lr. PLATT] has 

tbe floor. • 

Mr. PLATT. I desire to submit a telegram from the postmaster at 

New York City. 

The Clerk read as follows: 

NEW YORK, December ~{). 1876. 

Hon. THOMAS C. PLAT!', House of Representatives, Wa.§hington: 

The TimPs and Herald have called my -;ottention to remarks sairl to have been made by Mr. HEWITI' gravely affecting tills office. I have just telegraphed Mr. H EWITT as follows: ' I am informed that you charge on the floor of Congress that your letters pass- ihg through this office are or have been opened before reaching your hands. Do 

yon charge that it is or has en~~;actually or probably doue in this offi ce 1 If so, please supplement your charge with a motion for immediate investigation, as I 

pronounce such an accusation utterly and a.bs~lutely false." 

T. L. JAMES . 

Mr. PLATT. I move the previous question. 

Mr. HE WlTT, of New York. Will the gentleman allow the resolution to he again rea-(1 T • 

Mr. HOLMAN. I trust that the resohition will be left open for 

amendmeu!i. · 

Tile SPEAKER. If the previous qnestion is not sm1.tained, of course the resolntion will be open to amendment. 

Mr. HEWITT, of New York. I ask that the resolution be again 

reacl. I was uniortunat.ely not in my seat when it was presented. 

The resolution was again read. 

Mr. HEWITT, of New York. Mr. Speaker--

The SPEAKER. For what purpose does the gentleman from New 

York rise T 

Mr. HEWITT, of New York. I rise to what I suppose is a point of 

order. The preamble of this resolut.ion alleges that I made cert.ain 

statements which I did not make. The RECORD shows the statement 

that I made; and if the gentleman wishes to have this resolution 

adopted, I think he will do better to quote the langua~e which I used, 

and not put into my mouth words which I •lid not use. lfhe SPEAKER. The Chair woulcl state that that is hardly a point 

of order. 

l\1r. HEWITT, of New York. Is it a qn.estion of privile~ef 

Mr. KASSON. I W8Uld suggest to tho gentleman who introduced 

the resolntion to withdraw his call for the previous question. 

Mr. PLATT. I am willing to modify the preamble of the resolution so as to make it conform to the language which the gentleman 

use<l on yesterday. , . The SPEAKER. The Chair would rnle that if one member misstates the language of. an<Yther, the member so aggrieved has a right 

to rise to a t)nestion of privilege. 

Mr. HEWITT, of New York. I rise to a question of privilege, and 

desire to correct the language used in the preamble. 

Mr. PLATT. I will consent to the correction. 

The SPEAKER. Tbe Chair understands that the gentleman from 

New York [Mr. PLATT] proposes to change the langua~e of the preamble. He will please come forward to the Clerk's desk anll (lo so. Mr. HEWITT, of New York. I ask that the Clerk shall read from 

the RECORD the la.ngua.ge which I used on yesterday. 

Mr. BURCHARD, of Iliinois. I hope the gentleman from New York 

[Mr. PLATT] will withdraw his call for the previou ·question, and 

allow his co11eagne [Mr. HEWITT] to make a statemout. 

.Mr. PLATT. I \vill withdmw t~e call for the previous question 

and yield to my colleague, [Mr. HEWITT.] 

Mr. HEWITT, of New York. Now. that this resolution bas been introduced and is before the House it is proper for me to make a statement of the facts which gave rise to the remarks which I uttered yesterday. About a month a~o, as near as I can now recollect, ilnmodiately after the close of the presidential election, that is, just after 

the 7th of November, I received a letter without signature stating 

that the writer was an employ6 of the New Y/Qrk post-office an1l that 

he felt bound to communicate to me the fact, to use the language of 

the letter, that "Slade's little tea-kettle" was at work npon my letters. The letter being without signature. the only attention that I 

felt called upon to pay to it was to observe the appearance of my letters from that time. I did observe them, aml I found that a con ·iclerable number of them presented, so far as I conldjudge a.nfl as others 

thought, the appearance of having been opened, and tho flap of the 

envelope presented a pucker~<l or corrugated appearance. I called 

the attention of gentlemen in my office .to this fact, a.nd they were able to pick out two classes of letters, those which had apparently 

been opened and those which had not been opene{l. 

After I came here to Washington I was strnck with the fact that 

the letters which I received from Boston, Chicago, an1l other points 

had a perfectly smooth surface upon the flap of the envelore ; where as letters received from New York frequently presented this cot·rugate.d 

appearance. It so happened that meeting a gentleman who was on this floor yesterday who brought on the electoral vote of the State 

of New York, Mr. Parke God\Yin, who is a friend of the postmaster 

of New York City, I handed him one oftbeseenvelopes and said "L'Jok 

at that, has not that been opened!" He said that it looked so. I sa.ifl, 

"You are going down town and will see Mr. Jarn.es; take thn.t and 

show it to him." Now I have the most entire confidence in Mr. James, 

and believe him to be a model public officer. And I have heretofore 

said on this floor that whatever mutations of politics may come to 

pass I trusted his valuable services would be retained. And I wish 

gentlemen here to understand now that I do not think Mr. Janws 

could be or would be a party to any tampering with letters that were 

addressed to me or to anybody else. The anonymous note that carne to me stated that it was done in a priva.te place in the post-office. 
350 CONGRESSIONAL RECORD-HOUSE. DECE~IBER 21, 

I have had let.ters iu this House, and one morning I showed two of 

them ca ually to thA gentleman from Maine [Mr. HALE] and pointed 

ont to him the corrng_ated appearance presented by the flap of the 

enveltJpe. He aid to me, and very properly," You ought to call the 

attention of the House to this matter, if you think the e letters have 

been tampered with." I replied to him that from the nature of the case it woulcl scatcely e possible for me to bring any other evidence 

than the letters, showing by their appearance that they bad been 

opened. 

I Ito not know that these letters have been opened, and therefore 

I have not stated as a fact that they have been tampered with, nor do I now state it as a fact. But I do say that I have a suspicion · which amounts to a belief that my letters have been opened, and I 

have a-cted upon that belief, so fur . as to send special letters by ox- press, and to request gentl~men who have special letters to seml to me to tlend them by express. It may be that I have been taking un- necessary precautions, that my eyes have deceived me, and on the 

ot.her ha,od that a committee of investigation may get at facts of 

which I have no knowledge. 

I have myself no objection to the appointment of a committee of 

investigation. I think that probably no good will come of it, that no facts will be discovered. Hence it is that I myself have not been 

willing to put the country to an expense of an investigation of this 

matter. If gentlemen, however, think it would do any good, I cer- tainly will cheerfully assent to it. 

Unfortunately I threw my anonymous letter into the waste-baskAt, as I always do with such letters. I receive from ten to twenty such 

letters in the course of a week, and I throw them all away. And so with the eenvelopes, the peculiar appearance of whichlhavedescribed. 

I bave shown them to gentlemen and those gentlemen ca,n be produced before the committee, but the envelopes themselves have be n 

thrown awa.y. It is a most remarkable thing that this morning my letters :present a IUark.~d difference ill appearance from those which I have heretofore 

receiv{'}d. Not a single letter in my package this morning presents 

this corrugated appearance. I do not know how to account for it; I 

simply state the facts to the House. · Having stated the facts, I. am perfectly willing to-have a committee of investigation appointed;aud 

I will furnish whatever evidence I have in my power to furnish; bu1, I do not believe that any evidence can be furnished to thi!:! House or to the committee that will be at all satisfactory. 

Mr. KASSON. I ask the gentleman from New York to yield to me for a moment. 

Mr. PLATT. I will yield to the gentleman from lowa. 

1\Ir. KASSON. I have but a word to say to the Honse on this subject. I have myself favored the introduction ami adoption of a reso- lution of this sort, not merely because it concerns the administration 

of an officer whose reputation is of the very highest in the country 

ami an office of the Last importance to the country, but for the reason especially that the public contidence should not be destroyed without cause in the Post-Office Department anywhere in the United States. 

The importance of the transactions of commnni~ations tb.rough the 

New York post-office is of such yast consequence that perfect, absolute secrecy and inviolability should be secured, every member of the 

House feels deeply. 

I wi h to say, sir, that during my connection with the Department 

at the opening of the ]ate war, so sacred was this rule even in time of war that, when repeated applications were made by local postmasten; 

of the importance of ascertaining hostile proceedings through letters 

deposited in the war districts of the country, a,n order issued from the 

Department prohibiting the slightest detention, delay, or tampering 

in any manner with such letters. And everything was required to l>e 

sent to the Department in Washington, and in that Department not a single officer or clerk was permitted to touch any returned letter or to 

open it, except tho e who bad the sanction of Jaw in what is known • astheDead-LetterOffice. And in viewofwbat I know to be the record 

of that Department in respect to the inviolability of letters under 

the most provoking circumstances, now at this time, when no such · circumstances exist, it is with pain I learn that the copfidence of myself or any of the people of the country should ue assailed in respect 

to the security of the correspondence passing through the Department .. The only alternative suggest-ed is that the Postmaster-General should 

make the investigation. He baa not the power a committee ,of the 

House has to make such investigation. He can send special agents, 

but the power to summon witnesses and take testimony -does not exist as it does exist in a committee of the House. Unless, therefore, 

the gentleman from New York will satisfy the public mind by stating 

that he bas not sufficient ground for his charge, I do not see how the 

HOlu;e can withhold their assent to the resolution that a.n investi~?ation nmy be had, and so long as the charge stands from a responsiole 

member upon thi, floor it seems to me to be the duty of ris all to so investiga.te it tha.t the public may be satisfied one way or the other 

that their corre poud~nce is or is not safe. If there were any other 

way of arriving at the result except that suggested uy the gentleman 

from New York I would be glad to take it, !Jut for myself I sec no other way. 

Mr. PLATT. I yield now to the gentleman from ~bine, [:Mr. 

HALE.] 

Mr. HALE. Now it is very clear, Mr. Speaker, that this is a matter 

which the House should not let drop. The inviolal>llity of the postoffice is a thinrr which shonlll be maintained, as I hold, by every 

power of tlle Government. It is of more importance now that tltis 

channel honl<lu~ undistmbed aud unmolested because ye terday this 

Hou e took from one branch of communica,tion between man and man all tba,t it has ever bad of iuvioln.bility. The post-office remains, ancl 

this House, sir, can do nothing better, in the exercise of its highest 

power, than to probe such a ma,tter as tbis to the very bottom. I 

would have investigation made the mo t searching and complete ~o 

lot us know whether there has been any interference with the corre- spondence of any gentleman, and more especially of the gentleman 

from New York, [Mr. HEWITT,] who bears the hi~hrelation be does to <:ne of the political parties of the corrntry and wlw has helcl so fore- mo t a pla,ce here. He believes that his correspomience has been 

broken into, and he bas lost his confidence in 111 greatDepartment of 

the Government. · Catching his eye the other day when some of those 

letter were in his hands, he showed me a,t the desk here t\vo, which 

I examined, and I became convinced as I looked at the envelope upon 

this si<lo ofit-as I am now looking upon this one I now holU up-that 

the letter bad in some way been opened-had been torn apart. Whether the two which I saw had been torn apart in the post-office or bad been torn apart by the writer, as is freqnently done, a.nd then 

resea,le<l, neither he nor I then knew. I said to him at that time," There 

isnoproofasto howthisisdone," and he said frankly, ''lhavenoproof." 

Aud I do not believe, (as he has said this morning,) l do not believe 

that the postmaster of New York has ba,d any complicit.y or knowledge, 'provided they were surreptitiously opened. But I saw, Mr. 

Speaker, that he really believed that his correspondence had been 

tampered with, and that is enough for this Hou e to set at work every 

power of the House we have to see whether this great Department 

of the Government is safe for citizens to send their correspondence 

through. Under the circumstances, therefore, I hope there will be no objection to making an investigation. When it id done let it ue done 

thoroug-hly. 

Mr. PLATT. I yield to the gentleman from Indiana, [Mr. IIOLl\IAN.] 

Mr .. HOL~fAN. While from the statements ruade by gentlemen 

who have addressed the Chair it is not probablo that any very satisfactory light will be thrown on this quest.iou, if it is still <leemod important and ~lesirable that this investigation should be mado, I suggest to the gentleman from Now York, [Mr. PLATT, 1 on the score of 

economy, at lea t, if nothing else, that this duty ue devolved on the 

committee of which Mr. Cox, of New York, is chairma,n, which is already prosecuting investigations in fut city. Th committee i now there, aml I therefore, uuless the gentleman from New York shall object., move to ame~d the resolntion as follows--

.Mr. PLA. TT. I do not yield for any amendment. 

l\fr. HOLMAN. I trnst the gentleman will allow it to be read. 

l\fr. PLATT. I will allow it to he read. 

The Clerk read tbe.propo ell amendment, as follows: 

Strike out the words ''a committee of ti ,.e membeTS"of this Hom'le be appointed," 

and insert the following in lieu thereof: "tb.e committee now in New York of w hlch .Mr. Cox is chairman, be authorized and 4U'ectcd." ' 

1\Ir. HOLMAN. I hope there will be no objection to that amendment. 

.Mr. PLATT. I do not yield for that. 

Mr. HOLMAN. Then I will seek to introduce this amendment if the 

Hou e will vote down the previous question. 

.M.r PLATT. I call for the reading of the original resolution, and 

will then move the previous question. 

Mr. HALE. If the gentleman from New York [Mr. PLATT] willal- lnw me, I desire to say that I hope be will not consent to any such 

moditica,tion of the resolution as is now snggested, putting the duty 

upon another committee which is charged with the investiga,tion of an entirely di tinct matter. 

Mr. WILSON, of Iowa. The committee of which Mr. Cox is chair- man will hardly have time enough to accomplish the work it has in 

hancl now. .Mr. PLATT. I ask that the resolution as now modifie(l be read. 

The Clerk read as follows,: 

Wbere:l.S AB1LAJ1 S. HEWIT'r, a member of thls House, on this floor in pnblio 

speech used the following language: "1 wish to say that dJLring the la t month my 

attention has been called to my ovm letters pa sing throu~h the Now Yot·k post- office, and acoordillg to the best judgment I can form aml the l>estju!lgmellt of J!On· 

tlemen to whom I nave submitted m:y letters, they are apparently notinfrequent·ly 

opened in the post-office and reclo t\ IJy the u e of mucilage, !Jut o atlectell that 

the steam nsed is shown upon the envelope, which has a puckered appearance." li'.esotved, That a committee of tive members of this Rouse be apfJUinted to in- ve~:~tigate said charge, and whether the same be true or false, and by wbom, i.f by 

any person, said criminal act or acts were committed, allll report thereon to this 

House as early as practicable; and that said committee have power to end for per· sons and papers, with leave to report at any time. 

Mr. PLATT. I call for the previous question. 

Mr. HOLMAN. I hope it will be voted down. 

The question being taken, there were-ayes 92, noes 81. 

1\lr. HOL.MA..t~. l call for tellers. 

Tellers were ordered ; and Mr . .PLATT and Mr. HOL.l'UAN were appointed. • . The House again clivided; and the tellers reported-ayes 77, noes 79. 

So the previous question was not seconded. 

Mr. HOLMAN. 1 now otter the following ainendmetft: 

Strike out the words'' a. committee of five members of this Honse be appointed," and insert in lieu thereofthe following: "The committee now in N &W York, of which 

.Mr. Uox is chairman, be authol'izeu and directed." 
1876. CONGRESSIONAL RECORD-HOUSE. 351 

Mr. BUCKNER. Is it in order to move to lay this whole subject on 

the tablet 

The SPEAKER. It is. , Mr. BUCKNER. I make that motion. 

Mr. HALE. Will the gentleman from Indiana [Mr. HOLM A..."{] listen 

to me for a moment 1 

Mr. HOLMAN. Certainly. 

Mr. HALE. Let me suggest to the gent.leman, if there is any objection to the fra.ming of the resolution as drawn oy the gentleman 

from New York, [Mr. PLATI,] (aud I understand that there is some verbal objection to it,) that that be corrected, so that it may be satisfactory, in every way, bot.h to him and to the gentleman who called 

the subject up yesterday; ancl that then hesba.H not insist upon this 

important question going to another committee which has alread·y in 

its charge very grave and importar.t matters that must occupy all the 

time it can give to them previous to a date when it ought to report. 

I do not think the gentleman 'bimself wants to cripple the investigation. He must see, as I do and all of ns do, that this is a very serious 

charge; tbat it ou~ht to be goue into carefully, and that it will take 

several days. Ana I do not believe the gentleman from Indiana with 

his usual fairne s wants to p~t this in a condition or a place where it 

will be in limbo and nothing come out of .it. Let me repeat, then, tlle 

suggestion that I made when 1 rose, that the language of the resolution be ma.de satisfactory to both sides and that then this proposed 

substitute be withdrawn. . Mr. HOLMAN. I recognize the fairness of the proposition of the 

gentleman from Maine; and my answer is that it is manifest., from the 

statement of the gentleman from New York, [Mr. HEWITI.] that the 

facts that will be obtained from any investigation will be of no great 

practical moment; that the real investigation will be that which will 

take place at thesuggest.ion -and by the act of the Postmaster-General in 

regard to a charge aflf!ctingoneof theimp.ortant branches of his Department. The important investigation will be there, and undoubteuly, 

from the publicity which has been attaehed to this transaction, that 

investigation will be made. 

The committee of which Mr. Cox is chairman is intrusted with a comparatively small duty; the investigation is confined to a very nar- row range and to a comparatively small number of persons, from the 

necessities of the case. That committee, now in New York, is a very 

efficient committee, and, like the gentleman who makes this motion, 

thechairmanof itisacitizenof theSt.ateofNewYork,andof course familiar with the localities and with the persons who might be.called 

upon tote tify npon such a question. The investigation cannot be an extensive one, and I submit to my friend from Maine that an efficient 

committee right there on the ground, in the absence of any prospect of 

valuable facts being eliminated, even on the score qf economy, with uue regard to efficiency also, should make the investigation; and I 

feel very confident that so f:tr as subserviog the public interest is con- cerned it will be as effectually accomplished through this channel as by the expensive organization of a committee with the powers con- ferred by this resolution. 

1\lr. HALE. The committee need not be an expensive one. I think 

the gentleman is losing sight of the importance of this question when 

he says that a bare investigation is all that is necessary. This is 

something more than an ordinary case of tampering with the mails. 

Jt. is• a breach of the privileges of this House through one of its mem- bm·s. His correspondence has been broken into. At least that is the 

charge. And this House cannot afford, Mr. Speaker, to let this matter drop when the correspondence of one of its members has been 

tampered with. It. is not a matter for the Post-Office Department to 

investigate, the very Department found fault with. It is a subject 

which we bould lay our strong hand on and investigate ourselves, 

and not stop at what litt.le expense may be incurred, because it is an expenditure that could be well afforded. 

.Mr. HOLMAN. Certainly the subject-matter is sufficiently important to justify any committee that may .be suggested by any member 

of the Honse, if it were possible for anything beneficial to result 

therefrom. But with au efficient committee right there on th'e ground, 

it seems to me that the public ipterests will be subserved by referring 

the matter to that committ.ee. I call for the previous question. 

The previous question .was seconded and the main question ordered. 

The SPEAKER. The question is on the motion of the gentleman 

from Missouri [Mr. BucKNER] to Ja.y the whole subject on the table. 

.Mr. HALE. Upon that question I call for the yews and nays. 

The yeas and nays were ordered. 

The question was taken; and there were-yeas 53, nays 143, not voting 9:~; as follows : 

YEAS-Messrs. Ainsworth . .Ashe, Atkins, Bell, Blount. Boone, Bradford, Buck· ner, John H . Cal«lwelL Candler, Carr, Cate, Chapin, John B. Cl::trke of Ken· tuckr, Clymer, Cook. Cowan, Dibrell, Doultla , Felton, Finley, Fomey, Fuller, 

Goode, Roi.Jert Ha.milton, Henry R. Harris, o.John T. Harris, Hartridge, Haymond, 

Hurd, Knott, George M. Landers. Lynlle, Mutchler. Piper, Reagan, Riddle, John 

Robbins, William M. Robhins, Roberts, Scales. Sheakley, Singleton, Slemons, 

'Villiam E. Smith, Southard, 8pencer, Swann, TariJox, Warner, Whitehouse, Willis, 

an1l Yeates--53. 

NAYS-Me. rs. Adams, George A. Bagley, John H. Bagley, ,ir., .John H. Baker, 

William H. Baker, Ballou, Banning, Blair, Bland, Bliss, Bra~Iley, Brif!ht, William 

R Brown, Horatio C. Burcharcl, CabelL William P. Caldwell, Campbell, Cason, · Canlfielu, Chittenden, John B. Clark,jr.,of:Mi souri, Collins, Con~er, Crounse, Cutler, Davi , Davy, Dobbins, Durancl, Durham, Eames, Evans, Faulkner. Fort., Foster, 

Franklin, Freeman. Frye, Garfielu, Gause. Goodin, Gunter. Hale, Andrew H. Ham. 

ilton, Hancock, aral on, Haruenbergh, Benjamin W. Harri!'., Hartzell, Hatcher, 

Hathorn, Henuee, Henkle, Hereford, GQldsmith W.Hawitt, Hoar, Holman, Hooker, Hoskins, Humphreys, Hunter. Hunt~n, Hyman, Frank ,Tones, Kasson, Kehr, 

Frauklin Landers, Lane, LeM·enwo1th. Le Moyue, LE~'I" , Lewis, Lynch, Mackey, 

Ma.goon, MaiRh. McCrary. McDill, McFarland, .Motcalfe, Milliken . .Mills. hlontJ.Y, 

Monroe, Morgan, Neal, Norton, O'Brien. ulh·er, O'Ne;ll, Page, Pa~ne, William A. · Phillips, Pierce, Plaisted, Platt, Potter, l'ow~>ll. Prntt. Rniney. Rea, James B. 

Reill:r. Rusk, Sampson, Schleicher, Seelye, A. Herr Smith, Spart<s, Spl'inger, Stan· ton, Ste,euson, Stone. ·Terry, Thornburgh. Tllrockmorton, .Martin I Townsend, 

Tncker Tufts, Van Vorhes,· John L. Vance. Robert B Vance, Wait, Gilbert C. 

Walker. Alexantlet· S. Wallace, John W. Wallace, Warren, Watterson, Et·astus 

Well,;, White, Whitinf!. Whitthome "\Yillartl, Andrew WilliamR, .Alpheus S. Williams, Charles G. Williams, James Williams, Wil~hire. Benjamin Wilson, James 

WilRon, Alan Wootl. jr., Fernando Wood, Woodworth, allll YOtmg-143. 

NOT VOTING-Messrs. Abbott. Anderson, Bagby, Banks, Bass, Beebe. Black· 

burn, John Youn::t Bmwn, Samuel D. Burchard. Burleigh. Cannon, Caswell, Coch- rane, cox, Crapo, Culberson, Danford, Dan-all, De Bolt, Deniwn, Dunnell, Eden, 

E).!het·t, Ellis, J!'lye, Gibson, Glover, Harrison Hays. He111lerson. AlJram S. Hewitt, 

Hill, Ho~e. HopkinR, Honse, Hub hell, Hurlbut.. Jenks, Thomas L. Jones, Joyct~, 

Kell,..y, Kimball, Kin~. Lamar. Lapham, Lawrence, Lonl. Luttrell. MacDougall, 

McM.ahon, ~lt:ado. Miller. Morrison, Na. h, New, Ouell, Packer, Phelps, John F. 

PhilipR, Poppleton, Pmmau. John Reilly, Rice. Rohimmn. Miles Ro s. Ruhieski 

Russ, SaYage, Sayler, Schu'llaker, Sinnickson, Smalls, Strait., Stenger. Stephens, 

Stowell, Teese, Thompson. Thomas, Wa hington Townseucl, Tnmey, Wautlell, 

Walll.ron, Charles C. B. Walker, Walling, Wal!>.h, Ward. G. Wiley Wells. "\\'lleder, 

Wigginton, Wike, Jeremiah N. Williams, William B. Williams. and Woodburn-~3. 

So the motion to lay on the table was not agreed to. 

Dnring the roll-call, . Mr. PLAISTED said: My colleague, Mr. FLYE, is absent on account 

of sickness; if present, he would vote "no." · The question recurred oh Mr. HOL?.IAN's demand for the previous 

question. 

.Mr. HOLMAN. To enable the gentleman from Illinois [Mr. CAULFIELD] to submit a substitute, I withdraw for a moment the call for 

the previous C]nestioo. 

Mr. CAULFIELD. I offer the following aa a substitute for the res- olution: 

RP.solved, That the committee now in New York, of which Mr. Cox is chairman, be 

autholi.zed and directed to investigate whethl:ll·-any letters passing through the 

New York post-office have been tampered with, and, if so, by whom, :md to 1·erort 

to this House as early as practicable; and th, t said' committee have power to send 

for persons and pape~ in thu prosecution of this inquiry. 

Mr. HOLMAN. I now call for the previous fJUest.ioo. 

Mr. BURCHARD, of Illinois. Is that a suiJstitute for the original 

proposition T 

The SPEAKER. It is a substitute. in the nature of an original 

proposition. _ .Mr. HALE. Suppose that it occurs that the committee is ready to 

go to Philadelphia or Jersey City 7 

1\lr. HOLMAN. They are right there. 

Mr. HALE. But is not the gentleman from Indiana defeating his own object, as this re~olutiun refers to t.he committee in New York f 

Suppose the committee has left New York and is in Philadelphia, or Jersey City, or Brooklyn 7 

Mr. HOLMAN. 0, there will be no difficulty abont'that. 

The qnestion was pot upon seconding the previous question; and 

upon a division there were ayes 83, noes not counteu. So the previous question was seconded aud the main question or- dered. 

Mr. HALE. I now ask that the resolution of the gentleman from 

New York, for which this is attempted to be substituted, be read, including the language of the gentleman from New York. 

The Clerk read the resolution, and the language of Mr. HEWITI, of 

New York, as follows: 

I wish to say that during the last month my attention bas been called to my own letters pasRing thron,t!b the New York post-office, and according to the best jod!!- ment I can form, and the best jud!!ment of f!Ontlemen to whom I ha~ submitted 

my letter , they are apparently not infrequently opeued in the post-oftice, aml recloscd by the use of mucilage, but so affected that the steam used is shown upon 

the envelope, which bas a puckered appearance. 

1\ir. HOLMAN. I wish to state that this is a substitute only for 

the resolution, not for the prea.mble; the prea.mble will stand . The question was put npon agreeing to the substitute; and there were 94 votes in the affirmative. . Mr. HALE, (before the negative vote was taken.) We may aa well save time. I therefore call for the yeas and nays upon the substitute. ' 

The yeas and nays were ordered. 

The question was taken; a.nd there were-reas,l14, nays69, not voting 106 ; as follows: . 

YEAS-Messrs. Ashe, Atkins, .John H. Bagley, jr., Banning, Bland, Blount, 

Boone, Bradford, Bright. Cabell~ John H. Caldwell, Wil!Jam P: Caldwell, Campbell, Carr, Cason, Cate, Caulfielu. Chapin, John B. Clarke of Kentucky, John .B. 

Clark,jr., of Missomi, Clymer, Collins, Cook, Cowan, Culberson. Dads, Dibrell, 

Douglas, Durand, Durham. Faulkner, Felton, Finley, Forney, Franklin, Fuller, 

Gause, Goode, Goodin, .Andrew H. Hamilton. Robert Hamilton, Hancock, Heney 

R. Harris, John T. Harris, Hartridge. Hartzell, llatche~·, Haymonu, Hertkle,. Here· 

ford, Abram S. Hewitt, Goldsmith W. Hewitt, Holman, Hooker, llnruphrers, 

Frank Jones, Knott, Lamar, Franklin Landers, George M . Lam1er!!, Lane, 'Le 

Moyne. Le>y; Lewis, Lynde, Mackey, Maish, .McFarland, Metcalfe, Milliken, .Mor. 

gan, Mutchler, Neal, i>ayne, Piper, Rea, Reagan, James ll. Reilly. lliLldlo, John 

Robbins, William .M. Robbins, Boberts, Scales, Schleicher. Slleakloy, Siu~l.ctou, 

Slemons, William E. Smith, Southard, Sparks, Spencer, Springer·, Stanton, ::>teu~­

er, Ste>enson, Swann, Tarbox, Terry, Throckmorton. Tucker.Joh11 L. Vance, Rub. ert B. Vance, Warner, Warrt>n. Watterson, EraRtus \Veils, Whitt home . .AiphousS. 

Williams, James Williams, Willis, Benjamin Wilson, l!'emaudo Wood, Yeate~, and Young-114. . NAYS-Messrs. Adams, Ainsworth, Gtlorge A. Bagley, John H . .Baker, William 

H. Baker, Ballou, Blair, Bliss. Bradley, William R. Brown, Horatio U. Burchard, 

Cbittemlon, Con~rer, Croun,.e, Cutler, Davy, Dobbins, Eames, Evans, Fort, Foster, 

Freeman, Frye., Garfield, Haralson, Hardenborgh, Beujamin W. Harris, Hathorn, 

• 
• 

352 CONGTI.ESSIONAL RECORD-HOUSE.· .DECEl\ffiER 21, 

llendee. Hoar, Hosl•ins, H_,-man, Kasson. Kehr, Leavenworth, Lynch, Magoon, Mo· Crary, Monroe, Norton. O'Neill, Pago, William A. Phillips, Pierce, Plaisted, Platt, 

Potter, Powell, Pratt. Raine_y, Rusk, Sampson. Seel_\0, A. Ilcrr Smith. Stone, Thornburgh, Tufts, Van Vorhcs. Wait. Alexander S. Wallace .• John W. Wallace, White, 

Whitehouse, Whiting. Andrew Williams, Charles G. Williams, James Wilson, Alan 

Wood, jr., and Woodworth-69. 

NOT. VOTING-Messr· . Abbott, Anderson, Ba.gby, Banks. Ba s, Beebe, Bell, 

Blackuur·n, John Young Brown, Buckner, Samuel D. 'Burchard, Burleigh, Dandier, 

Cannon. Caswell, Cocbrune, Cox, Crapo, Danford, Darrall, De Bolt, Doni. on, Dunnell, Eden, Egbert, Ellis, Flye, Gil> on, Glover, Gnnter. Hale, Harrison, Hays, Hen- ccrson, llill, Hoge, Hopkins, Honse, Hnbbell. Hunter, Hunton, Hurd, Hurlbut, 

Jenks, Thomas L. Jones. Joyoo, Kelley, Kimball, King, Lapham, Lawrence, Lord, 

Luttrell, MacDougall, McDill. McMahon, Meade. Miller, Mills, Money, Morrison, 

Nash, New, O'Brien, Orloll, Oliver, Packer. Phelps, John F . Philips, Poppleton, 

Purman, John Reilly, Rice, Robinson, Miles Ross. Sobieski Ross, Savage, S!lyler, 

Schumaker, Sinnickson, Smalls, Strait., Stephens, Stowell, Teese, Thomas, Thomp- son Martin I. Townsencl, W:~.shington 'l'ownsend, Turney, Waddell. 'Valrlron, Ch~rles C. B. Walker, Gilbert C. Walker, Walling, Walsh, Warcl. G. Wiley Wt•lls, 

Wheeler, Wigginton, Wike, Willard, Jeremiah N. Williams, William ll. Williams, 

Wilshire, ami Woodburn-106. 

Doring the roll-call the-following annom1cements were made: 

Mr. W lLLIAMS, of Wisconsin. I desire to announce that upon all 

political questions Mr. CANNON, of illinois, is paired with Mr. SAVAGE. 

Mr. SPRINGER. I desire to announce that Mr. HARRISON is paired on all political questions with Mr. W. B. WILLIAMS, of Michigan. If 

they were here Mr. HARRISON would vote "ay," and Mr. WILLIAMS 

would vote '' no." 

Mr. CONGER. I desire to announce that Mr. WALDRON is paired 

upon all political questions with Mr. CANDLER. · Mr. TOWNSEND, of New York. Upon poHtical questions I am 

paired with Mr. WILL1A.J.'\1S7 of Alabama, anu therefore will abstain 

from voting. 

The result of the vote was then announced as above recorded. 

The} question recurred upon agreeing to the resolution as amended; 

and, being put, the resolution was agreed to. 

Mr. HOLMAN moved to reconeider the vote by wbich the resolution was adopted; and also moved that ·the motion to reconsider be 

laid on the table. 

The latter motion was agreed to. 

E!illOLLED BILLS SIG:\TED. 

Mr. HARRIS, of Georgia, from the Committee on Enrolled B~lls, 

reported that the committee had examineu anu founu truly enrolled 

bills of the following titles; when the Speaker signed the same: An act (H. R. No. 97) ·directing the Commissioner of the General 

Land Office to issue certificate of relocation for six hnndreu and forty acres of land in the Territory of Missouri, to legal representatives of 

Samuel Ware ; . An act (H. R. No. 1026) for the relief of ~homas VanDuzen and his 

assigns for lands; and 

An act (H. R. No. 3504) for the relief of Thomas Day. 

APPOINT.M:ENT OF A. CONFERENCE COMMITTEE. 

The SPE~R announced that he had appointed as the mnnagers 

of the confert3nce committee on the pal-t of the House on the disagreeing votes of the two Houses on the bill (H. R. No. 1984) to provide 

for the sale of certain lands in Kansa-s lt.lr. ScALES, M1·. MoRGAN, 

and Mr. SEELYE. 

CONTINGExr FUND OF THE POST-OFFICE DEP.A.RTIIE~T. 

The SPEAKER laid before the House a letter from tbe PostmasterGeneral, transmitting, in compliance w~th the act of Juno, 1872, a statement of expendi~ures from the con'tingent fuud of tho Department fol' the fiscal year ending June 30, 1876; which was referred to 

the Committee on Expenditures in the Post-Office Department. 

COAST SURVEY. 

The SPEAKER also ]aid before the House a 1ett'er from the Secretary of the Treasury, transmitting the United States Coast Survey 

Report for the year of 1876; which was referreu to the Committee on 

PL'inting. MESSAGE FROM. THE 15E~ATE. 

A message from the Senate, by Mr. SYMPSON, one of its clerks, announced that the Senate had agreed to the report of the committee 

of conference on the disagreeing votes of the two Houses on the bill 

(H. R. No. 4124) to provide for the expenses of certain special committees. 

LOUISIA.N A L'q"VES'IlGATION-RECUSANT WITNESSES. 

The SPEAKER laid before the House the following ; which was read 

by the Clerk: NEW ORT.EANS, December 20, 1876. 

Ron. SAMUEL J. RA~'1>ALL, 

Speqker oftM House of Jlep,·esentatives, Washington. D. 0.: 

I have the honor to communicate the inclosed record of procee<lin~s in the case 

of E. W. Barnes, manager of the Western Union Telegraph Company in this city, 

a recusant witness. 

WM. R. MORRISON, 

Ohairman of Louuiana Affairs Special Oommittee. 

FORTY-FOURTH CONGRESS, SEOOND SESSION, CONGRESS OF THE UNITED STATES. 

L~ THE HOUSE OF REPRESENTATIVES, December 5, 1876. 

On motion of Mr. A. S. HR\VI'IT, 

Resolved. That three special committees, one of fifteen members to proceed to Louisiana, one of six members to proceed to Florida, and one of nine members to proceed to Soutli Carolina, shall be appointed by tho Speaker of the House to investif:ate the recent elections therein and the aot,ton of the returning or canvassing 

bvar<lB in the said States in refereuce thereto, and to report all the facts essential 

to an honest rctnrn of the voteR recci vrd by tho electors of the sairl ~tates for Pre!;i-

<leot and Vice-Presillent of the United States, anrl to a fair unclerstanding tb rr.of 

bv the people; and tbat for U10 pnrpo. o of Rpeedily execntin ~ this rcsoli.Ition the 

siicl committees hall ha>o power to RCIHl for per. ons ancl ]JUperR, to a.tlmini;;ter 

oat.hs, to take testimony, and, at tbcirilisr.retiou, to detail Rubcommittees. with like 

authority to sencl 1or. persons.:mcl papers, to a1lmiuister oathR, aml to take te timony, and that the saul committees and the subcommittees may emplov stcnog-rnphers, clerks, :md messengers, and be attenrlcd each b.v a lleputv ser••ennt-at-:ums; 

and saicl corumittce shall hM·e leave to report. at any time by bill or otherwise. 

The Speaker appointed lli. Monm ON of lliiuois. ll:r. JE.'<KS of Penn yh·:wia, 

Mr. Melli no~ of Ohio, Mr. LnmE of Wisconsin, Mr. BL.\CKnunx of Kentuck;\-, 

Mr. M.EAnE of New York, Mr. Ilomm of Tcunes ee, Mr. Pll&LPS of Conurcticnt, 

Mr. NEW of Indiana, Mr. Ross of New .Torsey, Mr. TOWNSEXI> of Pennsylvania, 

Mr. DA.XFORD of Ohio, Mr. HUnLnUT of Illinois, Mr. CttAPO of Massachusett!i, and 

Mr. JoYCE of Vermont the Mid committee to proceed to Louisiana. 

Attest: 

GEO. M. ADAMS, Olerk. 

IN TilE HOUSE OF REPilESEYTATIVE8 OF THE UNITED ST A TF.S, 

December 7, 187G. 

The Speaker appointed Mr. llEEl.IE, of New York, in place of Mr. LYNDE, of Wisconsin, on saiu co:qunittee to proctled to Louisiana. • ..i.t.test: 

GEO. M. A.D MS, Clerk. 

By GREE~ ADAM , Chil!j Olerk. 

Under said resolution the committee, as afore<Jaid. in conformity with the powerstherein eonferrecl, have sent for persons and papers. The committee causecl a gubprena duces tecum to be issued anrl duly served on one E. W. Barnes, mana!!or of 

the 'Vestern Union Telegraph Company at New Orleans, Louisiana. Saiu subprena is in the words and fig;ures following, to wit: · 

lly authority of the H011se of Representatives of the United States of America. 

To JOBN G. THOMPSON, esq., 

Sergeant-at-Arms, or his special messl'?tgt'r; 

You are hereby commanded to summon E. W. Barnes, mana~er of th~ We tern Union Teletrraph Company at New Orleans, Louisiana, to be aml appear'T>efore the 

Loui iana affairs speci:ll committee of tho House of Representative!! of t-he United 

States, of which Hon. WILLIAli R. Mouruso~ il'l chairman ami with you bring all 

telegrams sent or received by William Pitt Kello~g. S. B. P.tckaru John F. Ca..<rey, 

J. R. G. Pittkin, Henry C. f>ibblo, H. U. Warmoth, Geor~e W. Carter, ancl General Aui!Ur at the office of the Western Union TelPC!1'aJlh Company, New Orleans, 

from and nfter the 15th day of-AU.!!t1St, 1876, in their chamber in the city of New 

Orleaos, Saint Charles Hotel, forthwith, then anrl there to testify touehinrr matters of inquiry committ-ed to said committee. Herein fail not, and make retu~n of this summons. 

Witness my band nnd the eal of the House of Ropresenln.tives of the United 

States, at the city of Washington, this 13th day of December, 1876. 

[SEAL ] SAMUEL J. RANDALL, Speaker. 

Attest: 

GEORGE M. ADAMS, Olerk. 

The return indorsed on tho foregoing i.<J in words ancl fij!Ures as follows, to-wit: 

Served porsonally with a copy of the within at one and one-half o'clock p. m., December 13, 1876. 

.tORN G. THOXPSON, 

Sergeant-at-Arms. 

By J. W. POLK. 

Special Mes11enger. 

NEW ORLEANS, December 18, lc7G. 

Committee met at cloven o'clock a. m., pursuant to adjournment. Pre. eut. the 

chairman, Mr. MOltRISO~, Messrs. JE~KS, MC~AIIO~, BLACLUUR:\', MBADE, PHELPS, 

NEW, Ross, BEJIDE, TOWKSRND, DAKFOIW, IIuRLilUT, CRAPO, and JOYCE. 

Saill E. W. BARli"'ES appeared as a witness before the committee on tho 1 th dav 

of December, 1876, and, after being duly sworn accoruing to la.w, was interrogated as follows: 

By Mr. MORRISON: 

Question. Where do you reside t 

Answer. In New Orleans. 

Q. How Ion~ have you re.'iiuecl there~ 

A. Two years at the present time, but I have lived here before about ten or twelve :rears. Q. What is your occupation 7 

A. Manager of the Western Union Telegra-ph office in this city. 

Q. Havo you been subprenaed to appear bore bafore the committee 1 

A. !have. 

Q.. Have yon n. copy of the subprena with you 1 

A. I have. L Witne s produced copy of subpama.J 

Q. Have you in your possession any dispatches sent by or received by the per- sons named in this subprena. i • A. I presume I have some. Q. In relation to thelato election or the countin~ of the 'I'Otes i 

A. I am not in tbehabitof reading all of them, but there have been dispatches sent durinrr the canvass to these persons. 

Q. ID relation to the election ruul countinrr of votes for presidential clectors1 

A. I cannot apeak as to the contents of the telegrams. It is very seldom that I 

read them. 

Q. As a matter of fact, have you not looked over tbom since you were aubprenaecl 1 

A. No, air; I have not looked over them. 

Q. You say you have knowledge that telegrams have passed, and from some of 

these parties, ooncei'Iling the election 1 A. I assume that there is ; but I have no personal knowledge. Q. You may state to the committee whether it is true, aft~ryou were subprenae<l, 

that you made any arrangement about producing these dispatches; and, if so, with 

whom, and what it was. A. I had an interview with you after being aubprenaed. A sergeant-at-arms called on me and asketl me to se the chairman at seven o'clock and speak to him in regard to it, which I did. I introduced myself and asketl what he w1shed. lle 

told me he wished copies of tho dispatches mentioned in the subpo:ma. I think I 

told him it was great labor to get them and our emplo:ves were very bu!ly and we could not well take them off for this purpoi!e, but that 'J: could cnga~e others. He 

asked me what it would cost. I said probably it would cost $30. He said he hatl no money appropriated for that purpose, but that it was an oqit~ct to g t them 

quickly, and he thought the committee would agree to expend the S30, ancl asketl me what time I thought I could ~et them, and tolu him by Monday next. That is 

to-day. I mentioned that in these cases we always resisted an order to protluce telegi·ams as far as we could. I had had no communication from the company at that time in regard to the matter. Q. State whether, as a. matter oi. fact, you did not promise me ufon my agreeing to pay the expew es that you would furnish the dispatches to-day 

A. No, sir; I did not understand it so. 
1876. CONGRESSIONAL RECORD-HOUSE. 353 

Q. Was not the a~eement made that I was to pay expenses; that yon would put on clerks, and furmsh them to-day~ 

A. I did not understand it so. So far as I understand the matter I bad tele~aphed 

our company tllat such demand h:ul been made, and at seven o'clock I had not rereivecl an answer. ami I did not know whether I would be prevented from producing these dil'lpatches or not; uut I was careful in my mind not to say anything 

only wllat I could do and not what I woul(l tlo. 

Q. Did not yon agree that I was to pay the expenses 7 

A. If you wonld pay the ex-pen es that. I could furni. h them, not that I woulcl. 

I bad no power, without instructionR, to furnish them, and weal ways try to evade 

these demands upon the telegraph office. 

Q. Yo~ did not tell me that you would not furnish them tp-dayi .A. No, sir; I could not have told you, for I bad to ~et the power myself from the 

company. · Q. You <lid not say anything about that to me f 

A. No, sir; I had tele~raphed to the company, but not received an answer up to seven o'clock that evemng. Q. Have you any of these dispatches with y~n f 

' A. No. \Vith mef No sir. 

Q. Have you been instructed by the president of the company not to dl'liver them i A. Yes sir; not directly by the pre. ident, but by our general superintendent. 

Q. Are ynur instmctions similar to this i l Letter Shown witness from President 

Orton. of Westeru Union Telegraph Company, to the chairman.l . A. I should have at:ted on these ilistrnctions without any others on this letter to you. . Q. Have you any 7 

A. I haveonlyiustrnctions from Mr. Orton to do nothing in tbe matter; that Mr. 

Orton would relieve me from all responsibility. · Q. Your iru!tructions from Mr. Orton are not to prorluce the messa~es f 

.A.. I understaml that is my instructions from Mr. Van Horne, the <Livision snperintendt>nt. I consitler these instructions confirmed by this message to you. 

Q. Then you refu e to pro«luce these tele~rams ~ 

A. Yes, sir ; I must tlo so accortling to my instructions. 

Q. Wllat did you say was the name of the division superintendent t A. Mr. Van Horne. 

Q. Where does he reside 7 

A. Jn New York. 

Q. You say this is the notice you received to appear, the subprena f 

.A.. Yes, sir; this is the one. Q. You answer that yon were subprenaed to appear and produce telegrams sent by aml received uy parties named in this suuprena 1 

.A.. Yes, sir. 

Q. Do you recollect whether William Pitt Kellogg is named in this s:n.bpmna f A. Yes, sir. 

Q. S. B. Packard 7 .A. Yes, sir. 

Q. J. R. G. Pittkin 7 

A. Yes, sir. 

Q. Henry C. Dibble 7 

.A.. Yes, s1r. 

Q. H. U. Warmoth and othe1'8f 

A. Yes, sir. 

Q. Yon now still refust1 to produce the telegrams1 

A. Yes, sir. 

Q. (By Mr. HURLBUT.) I understand you were served with a subprona. At what 

time1 · · A . .At about two o'clock on the 15th. 

Q. Did yuu report the fact of such service t() your superior 7 .A . I tlid. 

Q. Have you instructions from your superior officers in the telegraph company not to furnish the m&~aJ?;es 1 .A. Yes, sir. 

Q. Have you any written instructions, any formal instructions 7 

A. l have no other instructions than what I have mentioned. 

Q. Telegraphic instructions 1 

.A.. Yes, sir. 

Q. Ha.ve you a copy of that instruction f 

.A. No, sh·; but that is the purport of it, a dispatch from Mr. Orton saying he 

would assume the responsibility. 

Ou motion of Melli nON, 

Resolved, That for the efficient prosecution of the inquiry ordered hy the House 

the chairman of the committee communicate to the Honse for its consideration the 

refusal of E. W. Barnes to produce before the committee thetE>le{!ramsrcferrell to in the subpreua upon him December 13, Hl76, his refusal being in contempt of the e~res eutat.ives. 

The above is a true copy of the proceedings in relation to E . W. Barnes, manager 

of Western Union Telf~aph Company, a rt>cnsant witness, with letter of President Orton referred to in testimony of said Barnes annexed, dated New Orleans, 

Louisiana, December 19, 1876. 

W. R. MORRISON, Ohairman. 

Attest: R. D. HUJ\'TER, Olerk Special Committee. . 

LE'ITER OF WILLIAM ORTON, PRESIDE.VT WESTER~ Ut."'OY TELEGRAPH COMPANY. 

NEW YORK, December 15, 1876. 

SIR: Snbprenas have been served upon several employes of this company di· 

recting tl1tru to produce before the congressional committee of which you are c}lairman all meR a:res in possession of the company sent and received by the per- sons named in the subprenas durin{! seYeral months of the pre ent year. I have 

delayed a reply to these demands in the expectation that similar applications would 

be made by a committee of the Senate al~o charged with the investijmtion of mat- ters connected with the presidential election in canvass in several States, so that 

the action of the com pan.v he in!! the samo in respect to the messages of both political parties could not he attrilmtetl a desire to prejudice or promote the interest 

of either. No suuprenas have yet been served upon us by order of the Senate com- mittee, and as further delay might appear to be a discourt-esy to yourself and your committee, it does not seem propertofurtherto postpone this answer. The bubprenas were served before the investigation which the committee hafl been directed to make was begun aml therefore e,;dence bacl be~n presented to the committee 

either that persons named in the snbprenas had sent any mes~$es whatever or · that any messages sent by them related to the subject-matter of me investigation. 

It appears to have been assumed that persons holding high official positions 

under the Federal an<l State governments and others prominent in public offices were in the ·habit of sending messages by telegraph, and without attempting to ascertain if any of these messages were material to the investigation the officers 

and agents of this company have been commanded to lay aside the business in which 

they are en~aged to become spies and detecth·es upon and informers against the customers who have reposed in us the gravest confidence concerning uoth their 

official and their private affairs. I have never believed that the Uongrel'ls of the 

Unit-ed States, with this subject faiJ·ly before them, would permit committees to violate the secrecy of the telegraph in this manner; and it seems to me the preseqt 

is an opportunity which it would be unwise t.o forego for obtaining a llooi ion 

directly from the representatives of the people. In the me sages of persons con- nected with one political party a..·e spread before ~he public, a tike cours~ will be 

V-23 

taken in respect to those of the other party; both parties therefore have the same interest in publishing to the world the secrets of the telegraph offices or of preventing such publications. 

It bas therefore been decided to decline very rl'spectfully to permit the t>mployes 

of this company to produce before any committee of eitbe1· Honse of Congrm1s mes.sa!!es sent or received bv the representativ.-A'i of either the democratic ot· tho 

repnblican}mrty, at a-~t until after Con !!TOss shall have approved the suuprenas 

of the committees ancl directeU that their demands be enforced. 

I am, with great respect, &c., &c., 

Hon. WILLIAM R. MORRTSOY, 

WILLIAM ORTON, President. 

Ohairmar1. &:c., N~o Orleana, Louisiana. 

Mr. KNOTT. I offer the resolution which I send to the Clerk's clesk 

to be read, and upon it I call for tho previons qnestion. 

Mr. GARFIELD. I desire to a.skif this telegraphic communication 

that has been laid before the House--

The SPEAKER. The Speaker received this late last night at his 

honse: Mr. GARFIELD. By telegraph t 

The SPEAKER. By telegraph. . Mr. GARFIELD. And there is no signature to it except that made 

by the telegraph operator t 

The SPEAKER. The paper is signed "WM. R. MORRISON," and a subsequent paper is signed" Wm. Orton." 

Mr. GARFIELD. The signatures on the paper which is now in the 

presence of the Honse are signatures made by the telegraphic operators, are they not 'f · , . 

The SPEAKER. It comes exactly a.s all telegrams come, m the 

handwriting of the tf\legraphic operators, of course. Mr. GARFIELD. There is no handwriting of aRy officer of the 

Honse T · 

The SPEAKER. It is duly authenticated; the Speaker bas the of~ 

ficia.l envelope here with the telegraphic charges. No officer of the 

House has bad anything to do with it. 

Mr. GARFIELD. All I wanted was to show that the paper now 

before the House was not signed by any officer of the House, but was signed by the telegraphic operator as from an officer of the House. 

The SPEAKER. The Chair will tmbmit to the Honse the question 

wbether--

Mr. GA.JlFIELD. I do not make any question upon that. I only 

wanted it sprea.£1 upon the record that t e paper which has been laid 

before the House was not signed by Mr. MORRISON, the chairman of 

the committee. 

The SPEAKER. It is in every respect the same aa other telegraphio 

dispatches. 

Mr. KNOTT. I desire to say that the paper is signeil by WILLIAM: 

R. MoRRISON, and his signature has been read. I call the pre,;ous 

question upon the resolution. 

The resolution was read,. as follows: 

Resolved, That the Speaker of this House issue a warrant under his band and the 

seal of the Honse of Representatives, directing the Sergeant-at-Anus of this House, 

either by himself or his special deputy, to arrest and bring to the bar of the House 

without delay E. W. Barnes, to answer for a contempt of the authority of th~ 

House and a breach of it.s privileges, in refusin~ to produce to the special commit- tee of which Hon. WILLLU£ R. MORRISON is cnairman, now sitting in the city of 

New Orleans, certain telegraphiu dispatches in obedience to a sul)prena duces tecum, 

served on him on the 1:!~ day of December, 1876, and to be dea1t with aa the law 

under the facts may requu:e. 

The qnestion was upon seconding the call for the previous question. 

Mr. WILSON, of Iowa. I desire to make a parliamentary inquiry 

of the Chair. 

The SPEAKER. The gentleman will state his inquiry. 

Mr. \VlLSON, of Iowa. Is the Chair aware whether it is the wellsettled practice of this House or of any delibemti ve body that a telegram can be properly construed as the report of a committee f Does 

the Chair bold that this is a privileged report from a committee f 

The SPEAKER. The Chair bolus that this.communication is a privileged one, involving the dignity of this House. 

Mr. WILSON, of Iowa. That feature of it I do not question, But 

is it well settled that a telegram, wit.bout the actual signature to the 

paper of the chairman of the committee clelegated by t.he House to 

make certain inquiries, is sufficiently well authenticated and proved 

to be regardecl a~ the report of the committee f 

The SPEAKER. Reports of committees are not· usually signed 

by members of the committee; they are presented to the House by 

the chairman or by some other member of the committee. This comes to the Speaker- . Mr. WILSON, of Iowa. But the Chair will observe that reports 

made by committees are made in person. This is presumably the ro.- port of a committtee. But i8 it sufficiently well known to the Housa 

that this is a report of this committee and of the actioQ of the com. mittee to justify the extreme step that is now proposed to be taken t 

That is what I want the Chair to say. 

The SPEAKER. The report of a committee comes through a member of the committee, and his word is taken for it that it is a report from the committee. · Mr. WILSON, of Iowa. Yes. 

·The SPEAKER. This communication comes through the Speaker 

of the House. The Speaker of the House is satisfl~d as to its authenticity, anrl therefore presents it to the House. 

l\fr. WILSON, of Iowa. One word more, if the Chair pleases. I rlo 

not question the manner~ w~icb. th~ Speaker of th~ House received 

this report. But¥~ we Jns~a~ ~ ~rest~ng ~~ ~m~rtca~ c~ti~en an4 
354 CONGRESSIONAL RECORD- HOUSE. DECE:rtiBER 21, 

depriving him of his personallibert.y on a telegram that may possibly 

11ot havo emanated from a committee f 

The SPEAKER. That is a question for the Honse· to determine. 

It is not a question of order, neither is it a question that calls for any 

expression of opinion on the pm·t of the Chair. 

Mr. 'VOOD, of New York. The criticism of the gentleman from 

Ohio [Mr. GARFIELD] and of the gentleman from Iowa [.Mr. WILso~]-- , . The SPEAKER. The gentleman from New York [Mr. WooD] will 

permit the Chair to Mtate that debate is not in order pending the call 

:for tho previous question . . Mr. WOOD, of New York. I do not propose to debate this question; 

I merely del-lire to correct some erroneous statements which, as I un- derstood, were made by the two gentlemen on the other side who 

have spoken npon this question. This communication contains an e:xt.ract from the minutes of the proceedings of the committee in ses- sion in New Orleans, attested by the clerk of the committee, those 

proceedings being participated in by all the members of the committee. 

Mr. WILSON, of Iowa. How does the gentleman from New York 

know thatf 

Mr. WOOD, of New York. It is stated upon the face of the document as it has been read. 

Mr. WILSON, of Iowa. Suppose· that I should telegraph to the 

Speaker of the House a statement of. this kind and shQuld sign myself"WILLIAl\:1 R. MORRISON,"who would knowwhether it came from 

him or not t 

Mr. WOOD, of New York. The other members of the committee 

would have notified their friends, as the gentleman from Ohio [Mr. 

GARFIELD] was notified the other day, if there bad been any dispute 

about this matter. 

Mr. HOLMAN. Authentication by telegraph is now universally 

recobrnized in this country. 

The SPEAKER. The Chair has stated that this is an authentic 

dispatch. The question is on seconding the call for the previous 

qnestiou. 

Mr. GARFIELD. I appeal to the gentleman from Kentucky [Mr. 

K..'"\OTT] to al;ow some debatj8 ou tP,is very remarkable proposition. 

?.ir. KNOTT. I think the House understands it. 

Tllequestion being taken on eeconding the call for the previous question, there were-ayes 113, noes 11; no quorum voting. 

Tellers were <;~rdered; and Mr. WILSON of Iowa and Mr. KNoTT were appointed. 

The House divided; and the tellers reported-ayes 116, noes 7; no quorum vot,ing. 

During the count by tellers, 

?.ir. GARFIELD said: If we can have a·reasonabletime for debate 'there will be no delay. All we ask is that an hour be allowed for debate. I hope there will be no objection to that. · Mr. KNOTT. I do not consent to that. 

The result of the vote was announced as above stated. 

Mr. KNOTT. I move a call of the House. 

The motion was agreed to. 

The roll was called, and the following-named members failed to answer: 

Mes!lrs. Abbott, Bagby, Banks, BMs, Beebe, B1aekburn, .John Young Brown, 

Samuel D. Burchard, Burleigh, Cannon, Caswell, Cochrane, Cox:, Crapo, Crounse, 

Danford, DarraH, DeBolt, Denison, Dunnell, Eden, Egbert. Ellis, Flye, Gibson, 

GloYer, Gnnter, Harrison, Hays, Henderson, .Hill, H~e. Hopkins, House, Hubbell, 

Hurlbut, Hyman, .Jenks, Thomas L . .Tones, .Joyce, n.elley, Kimball, King, Lane, 

Lapham, Lawrence, Lord, MacDougall, Mcllihon, Meade, Miller Money, Morri- son, Nash, New, -O'Brien, ·Odell, Phelps, John F . . ul1ilips, Poppleton, Furman, 

John Reilly, Rice, Robinson, Miles Ross, Sobieski Ross, Savage, Sayler, Schumaker, 

Sinnickson, Slemons, Smalls, Strait, Stephens, Stowell, Tee e, Tboma.s, Thomp- son, Washington Townsend, Turney, Waddell, Waldron, Charles C. B. Walker, 

Walling, Walsh, Ward, G. Wiley Wells, Wheeler, Wigginton, Wike, .Jeremiah N. 

Williams, William B. Williams, and Woodburn-93. 

Mr. LUTTRELL. I wish to announce that my colleague [Mr. WIGGINTON] is a.bsent by leave of the House. 

Mr. REAGAN. I was requested by the gentleman from Maryland 

[Mr. O'BRlEN] .to announce that he was compelled to leave the Hall on account of sickness. 

Mr. PLAISTED. I desire to state that my colleague [Mr. FLYF..] is 

confined to his house on account of sickness. 

The SPEAKER pro tentpore, (Mr. CLYMER in the chair.) One hundred and ninety- i~ members have answered to their names. There 

is, therefore, a. quorum pr~nt. . 

~Ir. WOOD, of New York. I understand the Chair to announce that a quorum of the House is present. The SPEAKER pro ternpore. Yes, sir. 

Mr. WOOJ?, of New York. I wi~Jh to say that, so far as this side of 

the House is concerned, there is no dispo!!lition to prevent any gentle- man from discussing this proposition. I su~gest therefore that: after 

the previous quest.ion shall have bee-n sustaJ,ned, one hour be allowed 

for debate, to be divided equally between the two &ides of the House. 

Mr. GARFIELD. That is aU we have been insisting upon. 

Mr. 'VOOD, of New York. I believe my friend from 1\.ent~cky [Mr. - KNoTT] agrees that after the previous qqestJo:p qas I?een seconded an honr be allowed for debate. 

Mr. HALE.• Will there be opportunity fo~ ~~Q.m,Jtt;tng aip!3ndmentsf 

Mr. \VOOD, of New York. Amendments will not be in order after 

the pr vious question is sustained. 

Mr. HALE. But the gentleman's proposition is that by unanimous 

consent the previous question shall be considered as ordered aud the.n an bonr allowed for debate. Now is it not fair, as an a,ccompanirnent 

of that proposition, that :m opportunity shonltl be given to this side 

of the Honse to offer amendments f 

Mr. WOOD, of New York. I have made this suggestion with a view 

to debateohly, and not for the purpose of permitting amendm~nts. 

The SPEAKER pro tempore. If the previous question should be sus- tained, the gentleman from Kentucky [Mr. KNOTT] would be entitled, 

under the rule, to one hour. 

Mr. KNOTT. I have no objection to yielding half of the time to 

gentlemen on the other side. 

The SPEAKER pro tempore. The Chair would suggest that the first 

motion in order is that all proceeuings under the call uedispensed with. 

Mr. HOAR. I think the Chair fell into an inadvertence in the an- nouncement which he has just made. This is not the report of a com- mittee, and therefore under the rules no hour is allowed for debate 

after the previous question has been seconded. 

The SPEAKER pro tempore. By unanimollS consent, it was agreed 

that there should be an honr. 

Mr. GARFIELD. The unanimous consent granted was that there 

should be an hour for debate before the vote was taken, that hour to 

be equally divided between both sides of the Honse. 

Mr. WOOD. of New York. That was the proposition which was agreed to, d.S I understand it. 

The SPEAKER p1·o t~tpore. Is there objection that the previollS 

question shall be considered as seconded and the main question or- dered, and ~hat one hour shall be allowed for <lebate, to be divided 

equally between one side and the other f The Chair hears no objection, and it is ordered accordingly. 

Mr. WOOD, of New York. I move that all further proceedings under the call be dispensed with. 

The motion was agreed to. 

Mr. KASSON. I desire, Mr. Speaker, to present a point of order before the debate proceeds. I have reduced it to writing and I ask the 

Clerk to read it. · The Clerk read a-s follows: 

It appearing to the Hoose t.hat the resolution is based upon a mere telegraphic copy of an alleged report of a committee, without any official 

certificate of its accuracy and without verification of the signatures 

to the alleged copy, all the signatures being made by au alleged telegraphic operator, and wjthont any other verification, I make the point 

of order that there is no legal or proper parliamentary grouncl for 

adopting an order of arrest of an American citizen; and that therefore the rt>.solution is not in order. 

Mr. KASSON. Only a single word. I desired to put it in such shape as would go upon record without designing to appeal from the decision of the Chair. It is the view which is taken on this side of the 

Hoose that the prorer ground does not exist for the ad.oMion of such an order. In my experience, and so far as I can learn in that of others. the action of the Ilonse has never been a-sked upon such a telegraphic di~patch, and I desired it might go upon record that we upon this sille 

of the House find no justification for such a proposed order. · I suppo ed both sides of the House were waiting a properly signed 

and verified report before adopting this order. 

I agree with gentleman tbat p1·irna facie disobedience of a witness 

to a subpama under these circumstances justifies an order of arrest 

when the proper ground is laid, and that the proper time for debating 

the propriety of punishing for contempt and the validi-ty of the ground 

laid is when the party arrested for prima facie contempt is brought 

before the House. At this time I desire to say this on behalf of my 

associates, a-s a point of order, that this may not be regarded as an un- di pnted precedent for the action of future Houses of Representatives. 

The SPEAKER. The Chair desires to say this communication to 

him comes through the usual chmmel of telegraphic communication. 

He believes it to be authentic. He believes therefore there is a proper 

verification for the facts set forth, and again overrules the point. of 

order made. But it is for the House to determine as to the arrest, 

which is not within the province of the Chair. The point of order 

is oveuuled. . By unanimous consent, one hour is allowed for debate, to be divided 

equally between the two sides. The gentleman from Kentucky is 

entitled to the floor. . 

Mr. KNOTT. I will yield to any gentleman on the other side for 

half an hour. 

Mr. GARFIELD. I wish the House to understand in the first r ~ace, 

1\Ir. Speaker, that there -is on this side no purpose whatever to resist 

any thorough and complete investigation which has been ordered by 

the House touching the late election. We are more desirous, if possible, than they can be, that the jnvestigation now being prosecuted in 

the State of Louisiana shall be thorough and complete. The deeper 

they get down into that subject, and the more truth they bring out by 

their investigation, the more I shall bail the result of tile inquest; for 

I have myself looked far enough into this question of the late election 

in Louisiana to know th:\t any investigfiJtion carried on honestly and 

thoroughly can but be valuable to the cause of truth in this country. 

We have of all men, therefore, the least reason either to see obstructed or to aid in obstr!lcting any legitimate investigation. 
1876. CONGRESSIONAL RECORD-HOUSE. 355 

I say this without expressing any opinion, at present, npon our con- stitutional right to go behind the action of any State, under its own 

laws, in reference to its electoralsote. 

Bnt, Mr. Speaker, there are some: things in tbiscountrythatperhaps are even more valuable than the ends to be reached by any invest.igation. Methods ru:e somet.imes more important thau ends; and the 

methods of doing thin&~ are freCJn ently the instmmentalities by which a country is ruined. .Now in all I shall say in the few moments I may 

speak, I shall not refer at all to the subject-matter of the investigation. I hope at some time, not far distant, to speak of Louisiana affa,irs and of the absorbing question agitating this country; but touay what I shall say will relate to the methods of this House, in ref- erence to which there ought to be no party difference; methods 

which to-day you may employ, and whichnextyear we mayerriploy, 

and which the year after another party may employ; methods which 

onght to be a part of the immortal forces playing alike upon all parties and all political proceedings. . In the first place, it is very important, when we are about to adopt 

a new method of conductin~ business before the House, when, for the 

first time, a telegraphic dispatch, and in this one case containing 

twenty-four hundred and ninety-nine words, has been received by the 

Speaker, and which purports to represent the authentic proceedings 

of an authorized committ.ee of the Honse, that wo consider carefully 

the consequences of the precedent we are making. This dispatch may 

be a perfectly correct report of what transpired yesterday in the city 

of New Orleans; but it is attended by all the possibilities of failure 

in transmission, all the accidents of mistakes by being repeat.ed 

through three or four bands. And we are called upon now, for the 

first time, so far as I know, in the history of America, to take so grave a stt>p as to act upon a dis1>atch which has come through alien hands, 

nut those of -officers of the House, anu to treat every word of it as a genuine authoritative document. And upon such statement, coming 

in snch a way, it is proposeu to arrest a citizen of the United States 

and bring him as a prisoner, more than a thou and miles away from 

his home, nuder the cloud of the heavy displeasure of this House, and 

arraign him at the bar of the House to receive its sentence. . Now, shall we make the first break in the old barriers of personal 

security in this new way, without a moment'sreflect.ion, without re- fen·iu(J' tbe qne tion to a committee of the Hou e, without taking 

any of the usual precautionary st.eps which it bas been the uniform 

habit of this Honse to take, and proceed ali once, on the mere reading of a telegram at the Clerk's desk, and act upon it as if it were entirely accurate and genuine t I remember very weJl when, during 

the war, I was a member of a court-martial, and for the first time, I believe, in the hi tory of courts-martial, a stenographer took the testimony, recordefl the questions and the answers, that a careful, thoughtful member of the court raisecl this question. The articles of war provided t.hat all questions propounded to a witness shall be written, 

and should be reduced to writif1g and submitted by thejndge-:tdvocate 

to the court, so that the wit.ne s might have the opportunity to see the writ,ten qnestion before him ; and that his words in answer should be carefully·written down~ so that thus the whole proceeding 

might be made certain and a·ut.nentic. Now, a member suggested 

that never before had the use of the phonographic art been employed 

at a trial by court-martial, and raised the question whether it would 

not be a violation of the law and an infringement of the rights of 

witnesses to conduct the examination by the phonographic report 

alone. .A,fter a full discussion it was agreed that in order to prevent 

a breaking down of the protections of the law, the phonographic 

clerk shoulll himself take down a question, and, before it was an- swered, should read it 0nt froi:n his phonographic notes, and the an- swer should then be made. I give that as an example of the carefulness with which those who believe in following law watch their 

steps when any innovation is proposed. 

Now a marked innovation on the usual methods is proposed in the case of this paper; and we ought to pause and refer it to our law 

committee, that they may carefully inquire whether this paper can properly and rightfully be treated as though it were the authentically ~:~igued report of the committee of this House. But no such action is 

to be taken. Everything is taken for granted. No mistakes are as- sumed to exist in this paper. 

That is ~he first point I urge upon the consideration of the House as a reason why we ought to refer this to a committee. Again, it 

appears from the paper, assuming it to be as it may be, entirely au- thentic, that our committee in New Orleans, out of their fancy or from 

their information, I do not know which, have draughted a resolution 

assuming that dispatches had pa sed over the wires to New Orleans 

since the 1st of August last; and wanting to get hold of some testimony of whose existence tney know nothing, they picked out seven 

conspicuous politicians at New Orleans, all republicans, all officers 

of that State, or candidn.tes for office, the governor of the State, 

who was also a candidate for elector, tbe gentleman who ran as the 

republican candidate for governor, a gentleman who ran for the office 

of representative in t.he Legislature of Louisiana, another who ran for Repre entative in Congress, but was defeated, and everal others. 

All the seven thus selected are members of one political party, and on the general presumption that they may have received telegrams 

during the time of registration and election and since, wit.hout laying 

any foundation in fact that any dispatch batl been received by any one of them, a resolution was adopted by our committee in New Orleans commanding- the managers of the Western Union Telegraph 

Company to come before the committee and bring all dispatches, public or private, political or commerci:tl, that may have gone over t.he 

wires durin~ the mouths of August, Sept-ember, Oetober, and November, and until the date of the subprena, in December, upon all subjects whatever. There was no limitation of subject..:.ruatter in the 

snbprena. I am not sure bnt in some of tbe cross-examination reported 

in the dispatch it was confined to political suhjt=>cts, but the subprena 

is general a-nd sweeping. And these seven citizens are all selected 

from one political party, not according to the principle announced 

here yesterday, that it should -be made .general and em brace all political parties, for the majority of this committee can select their men, 

and we see they have selected only republicans. 

Nowtbismanagerof thetelegraphinNewOrlt'ansisrequired to bring 

every rlispatch that for a period of more than four months may have 

been sent to all those seven citizens, and lay them upon the table of 

the committee, to he made public for any use or any construction that 

political passion may require. I beg the attention of gentlemen to 

this consideration: Suppose the case had been reversed; for if this 

t.hing can be done a similar course can be t.aken by the Senate com- mitt e~ and all the magnates of the democratic party may be named 

in a subpreua, and every dispatch sent to them for four months, or five 

months, or ten months, may thus be seized and made public. 

I beg gentlemen to reflectl how great and bow dangerous a step we · are propo. ing to take uncler the previous question and upon telegraphic dispatches. If it may be seven citizens, why not ~wen hundred or seven thousand' Why not all the population of America 7 

The right to demand this, under these circumstances, is the right to 

demand everything everywhere about every man in the United 

States. 

I do not say that we cannot properly, under the old guards of the 

law, take public or private dispatches whenever a proper foundation 

has been laid for taking them in the course of judicial or legislative 

investigations. I have no doubt we can. But I deny that we can jus~ly do so upon the naked, foundationless demand which has been 

made for these dispatches. There is no evidence before us that either 

of these citizens, Warmoth, Kellogg, Packard, General Augur, or any one of them, have appeared anywhere in the testimony in the 

procee<lings as having received any part.icular diepatches relating to 

the subject-matter of l~gislative inquiry. It is not even pretended 

that the slight.est foundation is laid for this proceeding. The bolt was launched out of a clear sky. These gentlemen are struck merely 

because somebody thought it possible that such a conrse might possibly lead to the discovery of secrets which the committee would like 

to know. If this rule prevails, all that any committee will need is to 

suspect that somewhere an American citizen possesses a secret, and 

they may call upon tbe Western Union Telegraph Company to be- come the great national informer against every citizen who bas ever been conspicuous enough to receive a telegraphic dispatch. . · I do not know how it may strike the Anglo-Saxon minds around 

me; but I must say that since I entered public life I have never heard a proposition advanced that was so far-reaching in its consequences, so unjustifiable by any of the maxims of the old common law or practice of our courts in its influence upon private rights, as the 

pending proposition. 

Now, Mr. Speaker, as this side of the House waa awarded thirty 

minutes, I su(J'gest that whatever gentlemen on the other side desire 

to say should he heard now, and that the remainder of the time allotted 

to our side be occupied at the conclusion of the debate. 

The SPEAKER. The gentleman from Kentucky [l\1r. KNoTT] will 

be entitle<) to close the debate. 

Mr. GARFIELD. Let him reserve his right so as to allow some gentlemen on this side to be heard after the views of the other side 

have been stated. 

Mr. KNOTT. The gentleman from Ohio can make what disposition be pleases of the half hour allotted to him. ' 

Mr. GARFIELD. All I desire is that some gentlemen who want to 

take part in this debate Jater shall have an opportunity of doing so, ·so that the debate may be in alternate order. . Mr. KNOTT. I do not know whether I want to say anything or not, so far as I am concerned. 

].h. GARFIELD. How much time have I left! 

The SPEAKER. The gentleman has twelve minutes. 

Mr. GARFIELD. I will yield to the gentleman from Iowa, [Mr. 

McCRARY;] but I think it would be juRt that gentl~men ou the other 

side shall go on and make their remarks, so that he can speak in re- ply. But, as there seems to be no disposition to adopt the :tlt.eroate 

order, I will now give a portion of my time to the gentleman from 

Iowa, [Mr. McCRARY.] 

Mr. McCRARY. :Mr. Speaker, I have neither the time nor the disposition tO enter into a discussion of the very important" «Jnestion that 

is now before the House. I do not place my opposition to the adop- tion of this resolution upon the question of order that bas been raised 

regarding the authenticity of the dispatch. I take it for granted 

that the dispatch is genuine, and at least substantially accurate, and 

I prefer that the House should stand upon that, and that we should 

meet fairly and squarely the other, and to the American people the 

exceedingly important, question that is presented. I speak not of 

this particular investigation, but of the powers a.n4 d"tie& of ~~e 

House in investigations £!enerallr~ · 
356 CONGRESSIONAL RECORD-HOUSE. DECEl\fBER 21 ' 

By reference to the subpama which is embodied in the papers before 

the House t.wo things will be observed; first, tha.t thoro is no pre- t~nse in any of these papers that the· committee a,t Now Odeans bad 

any reason to believe that there were any dispatches in the posses, ion 

of this witness toot were material to the invcs:.ign.tiou then going 011. There was uo inquiry upon that suhject prior to the issue of the 

s11bpama duces tecun~. No foundation whatever was laiu for the seizure 

of these pn.pers, much less for the arrest of anybody. A Rnbpama has 

been is u~d for the purpose of ascertaining whether there might not 

be in tllll.t telegraph office dispatches addressed to these seven gentle- n•en touching tho sniJject-matter of investigation. 

Mr. HALE. I call the att.ention of the gentleman to the tmbpama 

duCPB tecum. It does not even contain what the House yesterday put 

into its resolution, that the committee deemed this testimony neces- sn.ry to the investigation with which it is charged. 

Mr. McCRARY. There is nothingwhateverof that character in it. 

It fails utterly to make a case under there olution of yesterday. But . there is another thing that I beg the House to consider. This is a propo ition to call upon the telegraph officers of a certain company 

to produce the telegraphic correspondence of seven citizens of this 

country during a period of four months and to lay it before an investigating committee of this Honse. Mark you, the call is for all dispatches upon aH possible subjects, without any limitation whatever ns to the subject-matter of the telegrams. 

In other words, we have to meet this question whether an investigating committee can call upon any number of our fellow-citizens to 

bring before that committe.e all of their private correspondence, all 

of their private papers, upon all ima~inable subjects, to be examined 

by the committee in order to ascertam whether there may be among 

tllose private papers anything that may pos ibly be pertinent to the 

subject-matter of their· investigation. That is precisely what this 

House is called upon to-day to decide, for there is not one word in all 

tllese papers touching the subjectrmatter of the tele~rams which are called for. The operator of tbe telegraph company lS called upon to 

produce all the telt>grams received by a certain number of citizens 

witllin four months of time, whether they relate to their privat.e affairs, whether they relate to their domestic relations, whether they 

mny be telegrams between husband and wife; whatever they may be, 

this telegraph officer is called upon, iS commanded under pain of impri onment by the order of this House, to bring everything that either 

of these gentlemen may have sent or received within this period of 

time by tP.legTaph, and to lay it upon the table of the investigating 

committee. It is the instinct of every freeman to resist to the utmost 

ncb a demand. It is a scandal to the American name that such a demand should be made and be enforced by this Honse under the 

pains and penalties of imprisonment. 

Now if this be a proper course of proceeding, if this be allowable 

under the laws of this land, if this be within t.he proper jurisdiction 

of this House, then there is no security for the citizen in regard to his 

private papers. The provision of our Constitution which declares 

that "the right of the people to be secure in their persons, houses, 

and effects against unreasonable searches and seizures shall not be violat-ed '' may be rendered nugatory by an investigating committee of 

tbi bod,y. Tho proposition, when seen and considered in all its length 

and breadth and possible con equences, is simply monstrous. 

I ask the House to look at the principle involved in this resolution 

which we a:J,"e a~ked. to auopt. If yon may select these seven gentle- men and issue your subprena dltces tecum to a telegraph officer, com- manding him to bring to the room of one of your committees all the 

telegraphic dispatches which these seven gentlemen may have re- ceived within four months, t.hen there is no rule of law that limits . you to seven citizens nor to £our months, nor to one telegraph office. 

If yon can name seven men, you may name seven hundred or seven thousand. If you can command one telegraph operator to do this, 

you can command every telegraph operator in this country to bring ~wery dispatch upon every imaginable subjeet upon which any num- ber of our fellow-citizens may have sent or received dispatches aud 

lay them before an investigating committee so that they may look 

them over and hunt them through and see if they ca.n find anything 

that may by any llossibility ba.ve a bearing upon the subject-matter 

of their investigation or that may gratify curiosity or feed scanclal. 

If you can go back four months you can go back four years. The 

principle i tbe same. Some gentlemen yesterday spoke about the inquisitorial power in 

the hands of an investigating committee. I do not like that word. 

And if this is what these gentlemen meant by "an-inquisitorial 

power," then it is tjme that the American people understood it, and 

tbn.t the American Congress understood it. "' 

There is no need of going to this extent ; there is no need of e tablishiug such a dan~erous precedent as this; there is no necessity for 

it. If your ·committees have good re~on to believe that there are telegrams of importance that are material, let them name the persons who have sent them and the persons who have received them, and the 

subject-matter of them, or otherwise describe them so that they may 

be identified. Lny your foundation properly by making an inquiry as to their existence and materiality, but I beg of the House not to 

assert the right tu is ue a drag-net sulJpmna to bring before a com- mitt<:e of ~his House all ~e pw~nty-fivemilJions of priv~te<fu;ipatches 

· sent lll thti country, to be ha11de4 ovf3+ to that comiDittee m order 

tlutt they may see if perchance ~orwt)l~~ ~y not be found among 

the private correspondence of the American people pertinent to the 

inquiry they are making. That is what is involved in the principle 

of this resolution, and that is what I object to; and. I can a snre gentlemen on tho other side, that in my humble judgment the time will come when the madness of these timeR is past, when sobel' reason re- sumes its sway, when it will be acknowledged on all hamls that onr safe course i::~ to be found in following lawful methods, in respecting 

the rights of the citizen, an<l in avoiding the exercise of powers not 

given us by the Constitution or laws, and which are unwarranted, 

assumed, arbitrary, and not even excused by the presence of a.ny 

overshadowing necessity. 

Mr. KNOTT. I now yield fifteen minutes to the gentlemen from 

New York, [Mr.Woon.] 

The SPEAKER. The time allowed for the other side has not yet 

expired. 

Mr. GARFIELD. How much time have I left ! 

The SPEAKER. FiYe minutes. 

Mr. GARFIELD. lf gentlemen have no objection we will use ·those 

:five minutes a little later. 

Mr. WOOD, of New York. Mr. Speaker, I regret very much that 

this whole question, so far as the law is concerned, is not unfler some statute regulation. I regret that there is no law which may be made 

to apply to the question now under consideration, so far as the privileges of telegraphic communications are concerned. r So far as I am personally concerned, I would violate no great principle of iudividual right, not even under the~ circumstances. I am opposed to either legislation or congressional action as a mere matter 

of expediency to meet any particular case or emergency that may 

arise. I believe that we should have general laws, pa ed at a time 

when there is no public excitement as at present, which laws may lJe 

madeapplicabletothesedispatcheswhich arenow claimed to be sacred. 

and so private, in order that hereafter we may have no trouble or difficulty. 

I differ very much, however, with the gentleman from Ohio [Mr. 

GARll'IELD] and the gentleman from Iowa, [Mr. McCRARY,] especially 

in their idea of the private, sacred character of tile e telegraphic com- munications. I believe these gentlemen are wrong in their assumption of facts. A letter that passes froe1 myself to another person 

through the mails is known only to the writer and to the receiver. 

Not so with a telegra.pbic dispatch. It is known not only to the writer 

and to the receiver, but to twosubordinatesofthetelegraph compnny at · the two ends of the line. They are persons clothed with no particular 

authority except that which a -private corporation may confer upon 

them. They are subject to no law, to no punishment for auy violation or betrayal of confluence. They are restrained by no considerations of 

any kind, character, or nature whatever. Therefore in my judgment 

telegran.bic dispatches do not partake of that particular private character which attaches to letters which are transmitted through the 

mails. · Again the gent-leman from Ohio [Mr. GARFIELD] will remember, 

and we all remember, that during the late civil war many of our military operations were conducted by means of telegraphic dispatches 

emanating from the War Department in this cit.y. Many of the most 

important military movements were undertaken in conse(]uence of ar- rangements and programmes and plans which originated in tllis capital. We know that for many, many years persons were arrested, incarcerated, and imprisoned, not only for criminal but political offenses, 

simply by a telegraphic dispatch. 

We know moreo;ver that whenever a person guilty of crime in this 

country seeks to evade American j nstice and go abroa,tl we constantly 

telegraph (as we did in theca e of 1'\veed recently) and bold him a prisoner there till he can be reclaimed by our own country for trial 

and conviction. 

Moreover at this very moment the important political affairs of 

Europe, upon which hangs the qn tion of a general European war, are being conducted to a large extent, if not altogether, by telegraph. 

This agency has become an open, practical means of communication. 

It has lost all privacy and secrecy-so much so tllat every important 

communication of every character even in commerce and trade is 

conducted in cipher, not by the ordinary language. 

I will say just here that, in my judgment, it would be very difficult 

indeed to trace in any political communication that may have re- cently passed in this country from one party to another anything to 

criminate anybody. Hence my position on this que tion does not 

arise from any anxiety to procure or any belief that we can procure 

in this way for our committee anything that will be substantially 

important in determining any great event. 

But, sir, here is the practica1 question. Gentlemen on the other 

side are discus ·ing cert.ain g1·eat principles in regard to the arrest of an individual simply in consequence of a telegraphic di ·patch sent 

here from the committee at New Orleans. Such considerations should 

have been presented and discussed yesterday, because we then determined this whole question. We discussed the qnl'stion on both sides 

of the House; we voted upon it by yeas and nays, and we finally laid 

down certain principles to guide the conduct of this Hou e in every case that might arise. Our action was then made applicalJle directly 

to the ca-se of Mr. Orton; it is now made applicable directly to the case of the subordinate of Mr. Orton in New Orleans; to-morrow it 

may be applicable to a case in New York; the next day to a case in 

Columbia, South Carolina, or Tallahassee, Florida. In the substitute 
--· . 

1876. CONGR.ESSIONAL RECORD-HOUSE. 

adopted yesterday, upon yeas and nays, by a very la.rge majority, we laitl down certaiu principles; and what are they J · 

Resolved, That there is nothing in the law rend erin~ a. communication transmittt-,1 by telegraph any more privileged than a commumcation mado orally or in any other manner-w ha.tever; that this Hom~o has the power through its subpama, under 

the band and eal of its Speaker, to require any person to appear before any com- mittee to which it has given authority to examine witness sand send for ~rsons 

and papers, and bring· with him such books or pape~. whether the papers be telegraphic meSilages or otlt r~J , for the inspection of such committee, as such commit- tee may deem necessary to the in ve ti ation with which such committee may have 

bE>.eu char~reu; and that such committees may order and direct any witness who 

may be brought before it to prouuce to the committee any book or paper, whether 

such paper be a tel e~ra phic di11~atch or other, which may appear to be in his pos- session or unuer his control, which said committee may deem nece sary to the investil!a.tion with which it may have boen charged; and that any personThis has direct reference to the case now before the Houseand that any person upon whom such subprena shall ha.ve been served, who shall 

disobey the same, or ha\'ing appca.re1l as a witness shall disobey the order of such a committee to produce any book or paper which he shall have been ordered by such 

committee .to produce, should be broul!ht to tho bar of the House upon a report of 

the facts by the committee to answer for a contempt of the authority of the House, 

and dealt with as the law under tho facts may require. 

The statement communicated by the Speaker from the committee at 

New Orleans presents all tlle facts. It gives the questions put to this 

witness and his answers, in which he refused peremptorily and positively to answer satisfactorily to the committee. He denied practically the authority of the committee and the authority of this House. 

He refused to produce these di~patohes. He has thus placed himself 

in contempt, aud that is the whole case. If the House carries out 

the rule which it laid down for its own action aud government yesterday, it bas nothing to do hutto bring before it tho body of this recu- sant witness, that he may show cause why he should not be held to 

answe1· for contempt. 

1\lr. CO:NGER. The gentleman from New York will allow me to 

say that the action of tl..Je House yesterday was after the alleged con- tempt; and therefore the refusal of the wiliness cannot have been 

in contempt of our action yesterday. The refusal was before the ac- tion of the House. 

Mr. WOOD, of New York. The gentleman from Michigan [Mr. 

Co~GER] will recollect that the action of the H~use yesterday virtually determined this and every other like case. This witness brings 

himself within the rule established by the House ; and he is in con- tempt. 

Mr. CO:NGER. But the House never promulgated such a rule un- til yestenlay. 

Mr. WOOD, of New York. But the committee of the Honse had 

full authority; they have proceeded regularly and in order according 

to t be usaue in this House from time immemorial. 

Mr. HOAR. If the gentleman from New York will pardon me, I 

wish to put to him au inquiry for my own satisfaction. I am inclined 

myself to agreo with the decision of the Speaker that this telegraphic 

communication to us is reasonably satisfactory evidence ohhe facts; 

and I do not make objection on that ground. What I desire to know 

is whethel' thiR nbordinate (the question of law beiug deemed some- what doubtful) diu not make this original refusal under the direction 

of Mr. Ort.on, his principal. Mr. Orton, I understand, has addressed 

to the chairman of the Judiciary Committee a statement expressing 

his desire to know the opinion of the House and his purpose to submit to that opinion when declared. It wasdeclared yesterday. Now as the principal officer under whom this subordinate is acting ha.s said 

"I wish to do just what the House thinks I should" aud JiS the House 

said yesterday that he should prodace these dispatches, I submit 

whether the House should now send down to New Orleans a peremptory order to arrest the subordinate until he has bad an opportunity, 

after this expression of the House as made yesteruay, to go again before the committee anll make his answer. I understood .Mr. Orton's 

letter to the chairman of the Judiciary Committee to declare in substance "As soon as the House expresses its judgment I will direct my 

subordinates to obey." Now if that be true, should not this resolve, 

instead of providing for a peremptory order to arrest this subordinate, 

provide merely for his arrest unless, upon the communication of our resolution, be should answer satisfactorily J The gentleman must 

easily Fee that a subordinate telegraphic operator down at New Orleans 

cannot be expected to understand all these propositions of law. 

Mr. WOOD, of New York. Mr. Speaker, under the principles estab 

lishetl by this House there is no difficnlt.y in the case presented by the 

gentleman from Massa~husetts, [Mr. HoAR.] Even after the House 

.fias taken a peremptory order for the arre~tt of a witness and his production before the Hou!'e it is entirely usual for him to say, "I will 

answer." This witness in New Orleans has nothing to do except, 

under the uirection of Mr. Orton, to say ''I will answer." Then of conrse the order of the House would not be operative. Hence the 

difficolty which the gentleman from Massachusetta sees cannot possibly arise. · 

.Mr. HOAR. If that be true it is a good answer; but I ask the gen- tleman to reflect whether the order of the Rouse should not be that 

the arrest take place unless the witness shall in the mean time have 

answered to the satisfaction of the committee . .Mr. WOOD, of New York. I would not change the phraseology of 

the order. ·I think there will be no difficulty in case the witness 

chooses to put himself in a position of readiness to answer. The SPEAKER. The Chair now recognizes the gentleman from 

Ohio [Mr. GARFmLD] for the five minutes remaining of his time. 

Mr. GARFIELD. I will yiflld whatever time rem11ins to me to J1be 

gentleman from Iowa, [Mr. KASSON.] 

Mr. KASSON. Mr. Speaker, I have only part.ially examined the alleged report of the committee laid before the House by the Speaker, as to the foundation which has been laid by the committ-ee fort his order 

of arrest; but I have examined it so far as to find that there is no proof 

pre euted in that report of the existence of the dispatch for the non- production of which it is proposed to arrest this witne s. The gentleman from New York [Mr. WooD] and myself had a great deal of 

service, he will remember, in connection with the rights of the House 

and the rights of witnesses in a very famouscxaminationsome t.breo 

years ago. I (lo not think that be can refer me or the House, and I cer- tainly cannot refer the House, to any case in which we have arrested a witness for the non-prolluction of papers, the existence of which 

papers have not been shown. I ask the gentleman from NewYorkif 

he. has within his memory any instance in which the House bas ar- rested a witness for the non-production of papers the e-xistence of which 

is not shown prior to asking an order of arrest. Does the gentleman 

remember any such instance T . • 

Mr. WOOD, of New York. This witness admits he has posse8sion 

of the dispatches. 

Mr. KASSON. Tbat is where I differ with the gentleman. I have 

been examining the record to find that fact and he does not state as to a single person the fact that he has in his possession any such paper or book. 

Mr. WOOD, of New York. I think be aclmits be bas telegrams from 

Kellogg and Packard and to them. And, moreover, I remind the gentleman that at the last session of Congress a witness admitted be had 

possession of certain books, which be declined to produce because 

they contained other peoples' accounts. 

Mr. KASSON. The gentleman is right where the existence of the 

papers or books is sbow11 ; there is no uifference between us on that. 

Bat so far as I ha-ve read this report, aucl gentlemen who are more familiar with it wilt turn to it au dread the evidence, the witness says 

that he does not 1.'"llow that there are any dispatches between those 

parties relating to the elections. In the latter part of the examination it may be shown; aud I have not had time to read it through; but 

where the questions are first put to him be cannot say that there are any such dispatches within the terms of the questions put to him. · Under these circumstances, unless the evidence can be found in this 

report that these telegrams exist, I submit to every legal gentleman on that siue, there is no precedent or reason for arresting a witness 

for the non-production of a paper the existence of which is not shown. 

Mr. TUCKER. Will the gentleman from Iowa yield to me to ask 

him a question f 

Mr. KASSO~. Certainly. 

1\lr. TUCKER. How could the committee know the existence of a telegram without asking the witness whether one had been sent. 

Mr. KASSON. They did ask the witneiS, and the witness did not answer it existed. 

1\lr. TUCKER. Then how can they ever find that out f 

Mr. KASSON. Of course if they want evidence they have to produce it. They must ask the witne s summoned, who is alleged to have 

the papers. That is the best evidence whether he has them. If not, 

they can summon another witness who knows where they are. And 

the gentleman as a lawyer will not affirm that we can arrest a man for contempt in not producing a paper where there is no proof -of the 

existence of the pa.per. That is the point where a new precedent is 

about to be established by the House, if they adopt this resolution. 

It iR for these reasons, among others, I agree with my honorable 

friend from Ohio, [Mr. GARFIELD,] that we had better ask th~ Committee on the Judiciary to carefully examine this re·port, and the au- thorities for it, to see whether the ground is laid for the isaue of this 

warrant of arrest. In all the observations, and the various debates we have had upon the report of the Committ,ee of Ways and Means 

in reference to a celebrated case when I was a member of it, we never carried the doctrine so far that when a witness does not deny he had a paper, or in other words does not admit he had a paper, therefore we can arrest him for the non-production of it. 

I think we are carrying the precedent of the House dangerously 

far in the -proposed action of the gentleman from Kentucky. I desire to maintain all the privilege of the House in respect to t.be duties of witnesses and the obtaining of evidence. I am not willing, 

however, now more than I have ever been before, to carry it to the 

extent of the un warrantjed arrest of a citizen without a legal foundation being laid for that arrest. It is a dangerous precedent for the 

House, and it is a dangerous precedent for the citizens of the Uni~d 

States. 

Mr. HOLMAN. I call the attention of the gentleman from Iowa 

[Mr. KAssoN] to the fact that this communication certainly shows 

that the witness admitted the fact of having posse8sion of a portion 

of the telegrams referred in the subpmna duces tecu1n .. Mr. KASSON. I desire to say to the gentleman that I bave not seen that, so far as I have read the report. I cannot speak in regard 

to what appears in the rest of tbe report, because I was called to my feet before I had finjshed reading it. But if that is so, then· I think 

the recital of the refusal should be limited to correspond with the 

evidence in the case. We cannot be t.oo careful in this business of 

arresting citizens. The House owes it to it~eli and the country to be 

careful and prudent; and I tbink: it would be better if the Judiciary· 
358 CONGRESSIONAL RECORD-HOUSE. D ECEl\IBER 21' 

Committee would make a careful examination of this report before 

the Hou e is called upon to act on it. 

The SPEAKER. The genllemau from Kentucky [Mr. KNO'I'T] has 

thirteen minutes of his time remaining. 

Mr. KNOTT. The House ou yesterday, very correct~y in my judgment, laid down the doctrine that there was nothing in the law making a commtmication transmitted by telegraph any more privileged 

than a communication made orally or iu any other manner whatever. 

In order to show that that principle is correct, and that there is no ground for snpposi ug that there is any unusual sanctity about a telegraphic dispatch, I desire to call the n.t.tcntion of the House to an adjudication directly upon thn.t. point in the State of Pennsylvn.nia n.rising under a stat.ute which made it n. penn.l ofl'en 'e for a telegraphic 

operator to diselo e the contents of any dispn.tch in his possession. 

The operator was brought into court upon a subpmlia duces tect£nt, and 

the objection was made that there was a peculiar sanctity, l>y reason of this express statuto, about a telegraphic dispn.tch, which precluded 

the witness from testifying as to its contents or exhibiting the mes- sage. And here is what the court s~ti<l: 

It must be apparent that, if we adopt this construction of the law, the telegraph 

may be used With the most absolutes ·cnrity for purposes destructive to the wellbeing of society-a state of things renderin~ its absolute u efulness at lea t questional>lo. Tho correspondence of tho traitor, tho mw·dercr, tlle robber, aml the 

swindler, by means of which their crimes aml francis could be tllo moro readily ac- complished and their deteclion and punishment avoidml, wonlu berome things so sacred that the.v never could be accessible to the public justice, however deep 

might be the public interest involved in their production. 

And the court goes on further t.o say: 

Thela.w is jealous of extending the circle of persons excused or interdicted from 

giving t~imony. Parents are requiretl to testify against children, children ~,!!'ain8t 

parents, brothers against brothers, fii emls agaillst friends. Communications by 

letter made under the deepest obli~ations of friendship, affection, or honor still must be prodncetl, if deemed necessary to tho ascertainment of truth and the administration of justice by the public tribunals. 

The language here used by this learned tribunal seems to me to be 

sufficient to dispel forever this curious and new sentiment that there 

is something about a telegraphic dispatch that makes it more sn.cred 

than the holy name of Deity, which formerly could only be pronounced, 

I believe, once a year, and that by the high priest jn the sanctunt 

sanotorunt of the temple. The fact is, sir, there is.no such distinction, 

and none such should be made. 

Now to the point directly before the Honse. I yield to no member 

here in my veneration of the safeguards which our Constitution and 

laws throw around the liberty of tl>e citizen. But to protect the liberty of the citizen the ln.w a it is must be enforced. What then is . the question f It has been communicated to the House t:l;lat a witness 

has been legally summoned before the committ.ee at New Orleans, 

that he has been legally required to produce telegraphic dispatches 

before that committee, and has contumaciously refused to produce 

them. These are the facts communicateu to the House, and the question is not how they hn.ve been communicated, but does the House believe them to be true 1 Now if there is a solitary gentleman on the 

other side of the House who doubts the autbeuticity of the e facts,.wby 

has he not stated it f Who has expre setl a doubt of the existence of 

the facts as stated in this dispatch f The gentlemn.n from Iowa [Mr. 

McCRARY] . with his usun.l candor admits tha.t he believes the dispatch to be authentic n.nd that the facts aB therein set out actually 

transpired, and the gentleman from Massachusetts [Mr. HoARJ admits 

the correctneS8 of the Speaker's ruling, that the matt.er haB l>een cor- rectly brought to the attention of the House, and I venture to say 

thn.t there is not a meml>er upon this floor who doubts the facts as com- municated to the House in the report just read ; and, sir, if these facts are true, the recusant witne s is in contempt of the authority of the 

House, and haB been guilty of a breach of its.privileges. This is the 

naked conclusion, st1·ipped of all new-fangled ~:;entimentality about 

the sauct.ity of telegraphic messages; and you cannot e cape it. 

The gentleman from Iowa [.Mr. McCRARY] says that he object-s to 

ordering this mandate because the terms of the original subprnna were too broad. The House on yesterday very properly refused to lay down a Procrustean rule as to the terms to be employed in framing a suppmna dt.wes tect6rn, and very wisely did it., as this very case shows. Now 

look at the testimony of this witness, and yon find him prevaricating 

from beginning to end. Suppose you limit your subpama duces tecunt 

to such terms as the gentleman would prescril>e; that it should command the witness to prodrrce only such communications as bear upon 

the subject under investigation. The witness n.ppears, and he says: 

"0, I know I have got the dispatches," jrut as this witnes ays; "l>ut 

whether they relate to the subject under ilispute or not, I do not 

know ; I have not read them." And he never will read them, and 

you cannot compel him to do it. Or he mn.y say, "I bn.ve got the dispn.tches a.nd I have read them, but in my judgment they do not relate 

to the subject." There you make the witness the jmlge ofthe releva.ncy of the testimony that t.be committee is commanded by the order 

of this Honse to procure for the enlightenment of its judgment. Do 

tho lawyers upon the other side contend that an investigation should 

be thus trammeled, and that the object of any investigation, however 

important, may be defeated by evasions and subterfuges such as theso Y I ima.~ine not. Now, sir, I repeat that this very case is an ample verificn.hon of the wi dom of the Ho118e on yesterday iu refusing 

to <lefine the precise tei'IIlB in which a subpmna dnces tecum should be 

.couched. 

,• 

Now according to the report just ren.d the so bprnna. comm:mdc<.l thiR 

witness to n.ppear before the committee, and to bring dispatches tllat 

had been sent and thn.t had been receh"efl l>y certain nameu persons 

within a certain prescribe(!. period of time. He came l>efore t)le 

commit-tee ann test.ified that he had the uispa.tches, but that ho ha.tl 

been ~rdered by the superintendent not to produce them. Can that excuse him! Who made the superintendent his master f Who gave 

the superintendent the right to abrogate the law of the ln.nd a.ud to 

exonerate or excuse this witness from bringing before the proper tribunal the papers he was required to prorluce f So far from that order 

being binding upon the witness, it simply renders the superinteutlent 

liable to be arrested and brought here for a contempt of tho privileges of the Honse, iu thrusting himself between a committee appointetl by this House to a certain facts for its information and tho (1 ischarge of their legitimate duty, and tampering with n. witnes summoned before them. So far .from the subordinn.te beiug excn eu by 

any such order his obedience to it presents a uouble offense to tho con- sideration of tho Hou e . . 1\fr. GARFIELD. Will the gentleman allow me to aBk him a ques- · tionf · 

Mr. KNOTT. Yes. sir. 

Mr. GARFIELD. · Has the gentleman any evidence that the wit- ness has received or has any know:euge of the order of tile House 

that he is to answer! The House has never ordered. the witness to 

deliver the e dispatches to it.s committee. 

Mr. KNOTT. The gentleman has on several occasions spoken very 

confidently about .Anglo-Saxon law, so confiuently that ~mo would 

imagine him as familiar with it as with his alphabet, and I beg him 

to rememl>er that the same Anglo-Saxon law for which he bas snch a profouml venemtion presumes that every man knows the law, and 

that when he is summoned to appear as n. witness and prouuce papers 

in his possession he is bound to do so. no matter who II):ty order him 

to the contrary. I tell him further that the Anglo-8n.xon law pre- sumes thn.t the witness knew little more t.han even that, namely, that 

in refusing to obey a sul>prnnu. of the ·House he lays himself liable to 

proceedings for contempt. The gentleman must know that it did not 

require the enunciation of the principles laid down on yesteruay to 

establish them as law. They were law before the resolution of the 

Honse pa ed, as much so as they are now. .Mr. GARFIELD. Will thegeutlema.na11owme to ask him whether we punish a witne s for refusing to answer a committee or for refn - ing to answer the House t Now, if the House commands a witne s to answer a, certain question and he refuses to do it, punishment will 

follow. 

Mr. KNOTT. The gentleman's question calls to my mind a quatrain in Hudibras : 

In logic he's a mighty critic, 

Profonn<Uv skilled in anal..-tic. 

Ho could <listingui h, ami (livide 

A hair, 'twixt south and southwest side. 

Does not the gentleman know that the committee is the organ of the 

House-simply its agent f That the process by which a witne is 

brought beforQ a committee is the process of the Hou e is ned under 

the hand of itsSpeakerhyits authority and authenticated by its ealf 

Does he notknowthat disobedience to such process is a disobedience 

of the authority of the House itself, and that when a witness refuse to 

obey the mandate of the Honse he is then in contempt of the House 

and should be brought to it to answer for that contempt and show why 

he has not obeyed the subprnna of the House, as the law requires him 

to do? It is a very plain duty, sir, and as ·easily performed as understood, e peci~tlly in this instance, where the witness is only required 

to produce telegrams which he admits that he has in his possession. 

[Here the hammer fell.] . Mr. BUCKNER. I ask that an amendment that I desire to offer mav be read. ~fr. KNOTT. It is too late. 

The question was taken on the resolutions, and they were agreed 

to. · 

Mr. KNOTT moved to reconsider the vote by which the resolutions 

were adopted; and also moved that the motion to reconsider be laid on the table. 

The latter motion wa.B agreed to. 

E~ROLLED niLL SIGNED. 

Mr. HAMILTON, of Indiana, from the Committee on Enrolled Dills, 

reported that the committee had examined and found truly enrolled 

a bill of t.he following t.itle; when the Speaker signed the ame: An act(H.R.No.4121).to providefor theexpensesof certainspcci:lJ. committees of the House of Representatives and of the Committee on Privileges and Elections of the Senate. 

LEAVE OF ABSENCE. 

By unanimous consent, leave of absence was granted as follows: 

To 1\Ir. DURAND, until January a. 

To Mr. WELLS, of Missouri, until January 3. 

To l\1r. VAN VonHEs, for ten days. 

To Mr. JONES, of New Hampshire, for ten days. 

To Mr. LANDER , of Indiana., for two weeks from the 22d instant. , To Mr. NORTON, for one week from Wednesdn.y next . To l\Ir DAVY, for ten days from the 22d instant. 
1876. OONG R.ESSION AL REOOR.D-HOUSE. 359 

To Mr. ~fAGoo~, for one ·week on a-ccount of important business. 

To Mr. J A :0.1 ES ll. REILLY, for four days from the ~7th instant on acconnt of important business. ' 

To Mr. SPARKS, for ten days on account of important business. 

MESSAGE FlWM THE SENATE. 

A message from the Senate, by Mr. SYMPSON, one of its Clerks, com- municatetl the proceedings of the $enn.te in regard to the death of 

Ron. Allen T. Caperton, late a Senator from West Virginia. 

DEATH OF SENATOR CAPERTON. 

Thr1 SPEAKER. The Chair lays before the House the following 

resolutions, received from the Senate: 

Re.solvP.d, That as an additional mark of respect to the memory· of ALLEN T. CA- l'EltTO~,la e a. Senator from the State of West VirgiiJia, business be now suspended 

til at the fde.nds aml associates of the deceased may p:1y fitting tribute to his private and public Tirtues. Resolt•ed, That the Secretary communicate this resolution to the House of Rep- resen tati ves. · 

. Mr: HEREFORD. Mr. Speaker, for the first time since the State of 

West Virginia .was organized as a separate State are we called upon 

to -mourn the death of one of her representatives in the national 

cound1s. 

We are toldin the sacred writings that: 

It is better to go to the house of mourning, than t<l go to the house of feasting : for that is the end of all men; and the living will lay it to his heart. 

· May it prove so in this instance. May we lay this visitation of 

divine ProYidence to our hearts, and leave this Hall better men, better cit-izens, and better Jegislators, legislating for the whole country 

and the continued peace thereof. 

ALLEN TAYLOR CAPERTON is no more. He was born in Union, 

Monroe County, Virginia, (now West Virginia,) November 21, 1810; 

after having att.euded the schools in his nat.ive vi1lage, he went to the 

University of Virginia and Yale CoUege, graduating with honor at 

tho latter institution in 1831; after which he studied law with Judge 

Briscoe G. Baldwin, at Staunton, Virginia; he was admitted to the 

bar and up to his death practiced his profession in his native county 

and several adjoinining counties. Having all the advantages of a thorough education, 3nd being of studious habits and fond of his profession, he soon ranked among the very ablest lawyers in the State. 

He had a mind peculiarly adapted,to the law, its catholic spirit., the . broad principles of even and exact justice he found in the pages of 

the law library were in perfect consonance with his own nature. 

His lofty spirit disdainecl the arts of tho pettifogger. In his practice 

he was never guilty of deception. He deceived neither client, court, nor jury, retaining to the last t1le confidence and respect of each. He 

took peculiar delight in the companionship of his brother members of 

the bar, as all can attest who ever met him profession~lly, or under his 

hospitable roof; but he did not confine himself exclusively to thelabors of hi.s profession. He took great interest in developing the ma- terial interests, the agricultural and mineral resources of his Stat-e; 

he -was a director of the Thames River and KanawhaCanal,in which 

he took a great interest up to the time of his death; he had a. great ·and life--long desire to see by the const.ruction -of tbjs ma,gnificent 

work the waters of the mighty West connected with those of the E~ . . He was for several years a memberof the State houseof delegates 

and of the State senate of Virginia, his last senatorial term being 

from 1859 to 1860. During his service in 1.he Legislature, enabled as he was by his store of knowJedge, he assisted very mat-erially in 

molding the code _of laws of that State. He was also a member of the 

constitntional convention of that State in 1861. At the breaking out 

of . the late wat' he was origina11y opposed to extreme mea::mres, believing with many others t-hat the rights they claimed could be more certain!y obtained by battling for the right within the Union; but 

when his State decided otherwise he followed. During the war he was elected to the confederate eenate, which position be held at the 

close thereof. As soon as hoslilities ceased he turned his face to the 

future, and from that' time to the day of his death he did all in his 

power to restore pea-ce, harmony, and fraternal feeling to this distracted 

land. 

As long as the whig party was in existence he was one of its strongest anu ablest supporters; be defended its principles and devoted himself to its success with knightly courage and devotion. Oft and again 

in earlier da.ys ha.s his manly form been seen going from county to 

county, along valley and over mountain-heights, for the purpose of 

addressing his fellow-citizens in stirring and eloquent appealli to rally 

them to the standard of Henry Clay. · Wherever the white plume of 

his great captain, Harry of the West, was seen, there was be. 

On February 17, 1875, after a protra-cted struggle he was elected to 

the United States Senate to succeed Arthur I. Boreman. How short 

his career on that theater! Truly hath the wi8e man said: 

Boast not thyself of to-morrow ; for thou know est not wlillt a day may bring forth. 

. During the last session of Congress we had rooms in the same building, and it was my fortune to see more of him in his la.st sickness 

than any other person. It was my lot and sad plea-sure "to minister 

to his varied wants in his last days on earth. His snffering at times wus very great, after which he was easy and very cheerful. He bo_re 

his paroxysms of suffering with heroic fortitude, never repining. 'A 

short time before the critical moment his only son and eldest daughter, with other relations, were summoned to his bed-side; his noble and 

devoted wife being too feeble to travel. He was not aware his end was-so near. On the last morning of his earthly existence, thoughtful as he always was of the pleasure of others, he suggested to his son and another gentleman near and dear to 11im who was in attendance 

to go totheHalJ of tho House of Representatives to hear a certain discnssion that wa.s to take place in which he felt a great interest. They 

yielded to his request, and only returned an hour or two before he had 

another and his last paroxysm. Auoutfour o'clock p.m. of thn.t day, 

J nly 26, 1876, he was sitting up in his bed conversing with his son. All at once he said quickly to him, '"Raise that window," which was done, and he immediately expired. 

""Raise that window!" How typical! how suggestive! As the window of his earthl.v mansion was raised that of the eternal was opened 

to receive his spirit into the "House not made with hands, eternal 

in the heavens." - His remains now lie bmied amid the mountains where he was born, 

and over which he ~elight ed to ramble in his boshood days and riper 

years. 

If any one had ever doubted the high esteem in which he was held 

at home, they would have doubted no longer if they had been present on that la.st sad day when his remains were lowered into the grave. 

For miles around his friends came from their mountain homes to mingle 

their tears with his weeping family-men and women of all statipns 

in life, the rich and poor, white and black; among the latter of whom were many who once were his slaYes. That was a sad, sad day for the 

little village of Union. Sadness and siJence reigned over that mountain village as if they had Jost their last and clearest friend. 

But a few weeks precf'ding this scene a similar one had been witnessed; Augustus A. Chapman, a former member of this Honse for 

two terms, had paid the debt of nature. CAPERTON a.nd Chapman in one brief summer. ·A. A. Chapman was also a man of mark and distinction, beloved by all, disliked by none-a noble and generous soul.. 

Both have left behind them fond, devoted wives, noQle specimens of 

true womanhood, and each a s·on worthy to bear the names of their 

respective fathers, and each several daughters inheriting all the nobler 

and finer traits of character of their fathers. Mr. CAPERTON wrui of 

pure and spotless character, public and private . . If it be true, as has been said, that public men are the true reflex of 

their constituents, then indeed may West Virginia take high rank 

among the ~reat sisterhood of States . Cicero tells us. that in his dayThe senators, that is, the senes or old men of the state, dwelt in the cquntry and 

lived on their farms. 

So did Mr. CAPERTON; and to its fullest extent did he adopt the 

sentiment of Cicero when he said: 

There is notbinj! more profitable. for there is not in nature, in my opinion, any· 

thing more beautiful or affecting than to behold a plantation with all the parts Of 

it in complete and perfect order. 

He de1ighted in horse-back exercise. He was devoted to his home 

and his State. He delighted in natural scenery, and at times he 

seemed to be enchanted. 

Wel1 do I reco1lect one briO'ht, beautiful morning, when we were returning from Char1eston on horseback, just as the sun was gilding 

the eastern horizon, we reached the highest point of Sewell Mountain, 

when suddenly he called to me to halt, aml said, HBehold the beauty, 

grandeur, and sublimity of this view.'' Below us lay the morning fog a.s one broad sea, with here and there some peak taller than the 

others rising through the fog and presenting the appearance of so many islands, covered with the most beautifnl emerald, in the midst 

of the ocean. Again he burst forth in his ecstasy an~l exclaimedSee yonder mountains, the everlasting mountains ; how peerlessly they rise 

Like earth's gigantic sentinels discoursing to the skies. 

He c~uld not tolerate tyranny or oppression either in the individ-. ual or state; he wa.s a noble specimen of truest manhood, most elo-. 

quently and happily illu..~tra-ted in that expression of George W. Summers, West Virginia's most gifted orator, when, describing the State 

aBd her people, he said: - . 

Her people ~tre a bold, daring, Uberty-loving people; they are lulled to sleep a.t night by the roaring of her catara-cts a.nd awakened in the morni.pg by the scream of the eagle as he takes his flight sunward. 

He had a kind, tender, and grateful heart. \Vell do I remember ou another occasion, when again traveling on horseback over our lofty 

mountains, when arriving at a certain spot he pointed to a farm some 

distance from the road and said "There li \'es a generous, kind-hearted 

man; I shall never forget him ; directly after the war as I was passing 

that point he came out to me and said: 'Mr. CAPERTON, you are going 

to Charleston; although you are a rich man in this world's goods I 

know you can have no money, for the war has jnst closed; here a.re a. few dollars in silver that I had buried; take it.' I thanked him, but 

declined his generous offer." 

He was a man of scholarly attainments, a fine lawyer, a man of en- larged views on all subjects, a devoted husband and fathe_r, a warm friend, a generous neighbor, and a worthy example to old and yonng, 

at home and abroad, in public and private. He scorned everything 

like duplicity. · In the selection of men to fill the offices of our State, from the highest to the lowest, heal ways mged tha;t :qon~ should be elevated to po. 
360 CONGRESSIONAL RECORD-HOUSE . ' DECEl\:IBE R 21' ... 

sition bot men of ability and spotless character, both in public and 

pri mte, having an eye single to the good of the State n.nd all the peoplo thereof. 

But I must detain you no longer. He is gone, gone to his long home. 

Who will dare say the world was not better by his having lived in itT 

No more shall we look upon his manly brow and delicately chiseled 

features; no more will we hear his merry laugh or words of enconr- agement and sound wisdom. 

His life was gentle ; and the elements 

SO mixed in him, that Nature might stand up And say all to the world, "This was a man I' 

Mr. GOODE. Mr. Speaker, the representatives of the American 

people are a.ga.in called upon to pause in their deliberations for the 

public good, to recognize the band of death ami to render a just tribute 

of respect to the memory of a worthy compatriot and faithful public 

servant in the other e11d of the Capitol. 

On the 26th day of July, 1876, ALLE"N TAYLOR CAPERTON, a Senator 

from the State of West Virginia, was suddenly stricken down in the 

midst of an honorable and useful public career, and his mortal remains were borne hence to his beautiful home in the mountains of West Virginia, where they were tenderly consigned to the grave by his bereaved 

neighbors and friends who had known him long and loved him well. 

As one of the .Repre entatives from the State of Virginia, I feel that 

I would disappoint the just expectations of my constituents if I failed 

to utter their voice of sympathy on this memorial occasion and to give some expression, however inadequate, of the respect and esteem in 

which they held th~distinguisbed dead. Virginia claims the mourn- ful privilege of la.yrng a simple wreath upon the tomb of her departed son. Mr. CAPEHTON was born upon the soil of Virginia. He was educated at her great university. He was identified with her works of 

internal improvement. He was for many years an active member of 

her General Assembly in both branches. He was a. conspicuous mem- ber of her convention in 18Gl, and served her with fidelity and zeal 

in the senate of the Confederate States until the close of the war in 

1865. He loved his native State and all her traditions. He cherished 

with filial devotion the hal1owed associations and historic glories w bicb cluster about her honored name. When that mother Commonwealth, so rich in historic treasures, shall stand up in after years and 

point with maternal pride and tenderness to her long line of devoted 

and illustrious sons, the name of ALLEN TAYLOR CAPERTON will not 

be forgotten. 

My personal acquaintance with him commenced in the Virginia· con- vention of 18Gl. He had come into that body earnestly opposed to 

the separation of the States. ·He was ardently and devotedly attached 

to the Federal Union. He was bound to it by the strongest and closest 

ties of affection. He was exceedingly reluctant that Virginia Rhould 

attempt to dissolve her connection with it. He remembered with 

pride that the Union was in a great measure the creation of her own hands; that it washer son who had penned the Declaration of Ameri- can Independence; that it was her sou whose heaven-born eloquence 

bad first kindled the fires of the American Revolution; that it was b~r son who was confessedly the father of the American Constitution. 

When the Union was dissolved be exerted ~11 his great powers and 

.exh.anstad all his persuasive eloquence in an effort to bring about its 

restoration. Ho was instrumental in inaugurating the peace congress 

here at Washington. He advised that commissioners should be sent 

to the seceding States of the South. But after the war had been com- mcuced1 and Virginia had been fired upon while bearing the olivebranch of peace, be felt that every consideration of duty and of honor 

required that she should take her position with hm: southern sisters, 

and, with .a full knowledge of all the fearful odds against her, be deliberately voted to adopt her ordinance of secession. While the war ~ontinued, Virginia was swept throughout all her borders by the 

besom of destruction. Her sleeping cities were awakened by the 

music of bursting born bs. The thunder of hostile cannon echoed 

and re-echoed along all her coasts, and her green fields were made red 

wit.h the best blood of her children. But in that trying ordeal through 

which she was called to pass the great heart of A.LLE~ T. CAPERTON 

nt:)\rer quailed and his heroic spirit never faltered in devotion to that cause which be believed to be the cause of civil liberty and constitutional government. 

As a. Virginia Senator he supported all the war measures of the con- federate government with alacrity and zeal: and never withheld a man or a. dollar until the confederacy had fallen prostrate, bleeding 

ancl exhausted before the victorious legions of the Union. Such was 

the h1trepidity of his nature and such the cheerfulness of hi courage 

that lie moved steadily forward in tbe path of duty unawed by danger and uninflunc(>d by any consideration save tho e which concerned 

the honor and welfare of his people. But, when the war had terminated and the long night of agony and of woe had been spent, Alr. CAPERTO~, as an acknowledged leader of public opinion in his sec- lion, was one of the fu·st to come forward and advise his countrymen 

that it was the dictate of wisdom antl patriotism to submit manfully 

aml cheerfully to the logic of events. He believed with Edmund Burke 

t.hat true statesmanship consists in a proper a-Ujn tment of the conditions in wllich we find onn.elves placed. He indorsed the sentiments 

,.of that eminent British classic who said that "to the futnre and not 

;to I be past looks true nobility of soul." Instead of indulging vain re-· $iets over the issue of our unsuccessful struggle, be felt that it wru~ 

a high and patriotic dnty to extinguish the bitter memories of the war and with uplifted brow to look bravely and hopefully to the future. He felt that it was no reflection upon son them manhood to imitate, in all respects, the great example of ourirnmortal chieftain who e watchword was duty and who from the day of his surrender at Appomattox to the day of his death at Lexington never failed to inculcate the doctrine that having renewed our allegiance to the Ameri- can Constitution, we too bad duties to perform as American citizens. 

His heart's desire and prayer to God wa that we might have peacepeace between the sections and peace between the races. He well 

knew that without a Ja ting and enduring peace t.bere could be 'llO 

development of onr material re ources, no revival of our prostrate indn tries, no restoration of hope and of confidence to our uistracted and 

afilicted country. 

As one of the results of the war, the State of West Virginia wa~ 

carved from the side of old Virginia aml the county of Mr. CAPERTO.N's residence was embraced within the limits of the new State. 

Notwithstanding the fondly oherished associations of a life. time were thus rudely sundered, he did not, lik(\ the captive lsPaelite of old, 

bang his harp upon the willow and sit down by the waters to weep, 

bnt1 like a true man as he was, be immediately addressed himself to • the task of developing the untold wealt.b and the magnificent re- sonrces of that young and highly favored State. Nowhere else upon 

this continent can be found a more fertile and productive soil or a. more genial and ~lelightful climate. Her beautiful blue mountains 

abound in iron, copper, coal. lead, and other minerals. Her magnificent rivers murmur, as they roll, the music of her power. Mr. CAPERTON fully appreciatau her great capabilities and her immense natural n.dvanta~es, and instead of calling upon Hercules for help, he advised 

the -people to go to work and help themselves. Tlwy have. gone to 

work with au unfaltering pnrpo ·e and an indomitable will worthy 

of the heroic race from which they sprang. They have exhibited re- cuperative energies which have not been surpa sed by any people in 

any age. 

Snch was the high estimate in which l\fr. CAPERTON was held by the 

people of 'Vest Virginia that they embraced the fir t opportunity to 

send him as one of their representatives in that august body, the Senate of the United States. lt is a ~:~ufficieut eulogy to say of him that 

he. was equal to the occasion and worthy of the exalted station. He was not a brilliant orator but a wise anu safe counselor. He was not a fierce gladiator in debate, but a modest, dignified, prudent Senator. 

Descended from an ancient stock, be was always and everywhere a gentleman of the old school. He was a man of such lofty character 

and incorruptible integrity that be would have felt a stain upon his 

personal honor like a wound. What a happy day it would be, Mr. 

Speaker, if every position of honor and of trust in our land conld..be 

filled by a man of character, who would avoid corruption in office as he would flee from the "pestilence that walketh in darkness and the 

destruction that waiteth at noonday." But, sir, our t.rue and noble 

and gallant friend bas gone from among us forever. No more will his 

manly form be seen in these Halls. No more will we receive the 

friendly, cordial grasp of his band. No more will we bear his words 

of sympathy and of cheer to comfort and to strengthen ns ill the great 

battle of life. · The mighty flood that rolls 

Its torrents to the main, 

Can ne'tJr recall its waters lost 

From that abyss again. 

So days aud years and time, 

Descending down to night, 1 

Can thenceforth never more return Back to the sphere of light. And man, when in the grave, 

Can ne'f"er quit it gloom, Until th' eternal morn shall wake 

The slumber of the tomb. 

l\fr. Speaker, when the Forty-fourth Congress first assembled the 

Representatives of the people found the Capitol draped in mourning 

for the loss of Henry Wilson, the favorite son of Massachusetts and 

the second officer of the Government. During the existence of this 

Congre s they have paused amid the bustle and turmoil of legwlative 

life to chronicle the deaths of the lamented Starkweather of Connecticut, the gifted Parsons of Kentucky, the high-toned CAPERTON of 

West Virginia, and our late beloved Speaker, Michael C. Kerr of Indiana, whose genius and virtue have illustrated the grandeur of American institutions and lent additional luster to the American 11ame. 

What mean all these dispensations of Divine Providence 7 What 

mean all these habiliments of woe which now surround the Speaker's 

chair and meet the eye of the Representative of the people as be en- ters this Hall f The solemu le son which they convey to each oue of us is "Be still, and know that I am God." 

Mr. WILSON, of West Virginia. Mr. Spea,ker, one of the most 

beautiful traits of the human character is that the living momn the 

loss of the dead. When relatives or friends or acquaintances are re- moved from earth, it forces upon us a renewed realization that man is 

born to die, that life is but a spa.n, and eternity hath no end; it arouses in onr breasts the feeling of man's obligation to his God. 

How impressive and sorrowful the reflection that from the prime of 

life and the vigor of manhood we may, under the providence of God, 

be strickea down in the twinkling of an eye. It verifies the teaching 

of divinity that in the midst of life we are in death. 
1876. CONGRESSIONAL RECORD-HOUSE. 361 

At an early hour pon the morning of the 27th of July last I was shocked with the intelligence, communicated by a friend, that Senator CAI'ERTON was dead. How sad that solemn anntmncement I 

Sadder, perhaps, to me than to any other member on this floor, for the 

thought rushed upon my mind that Lnt a few brief weeks before that 

time, when a protracted, dangerous, and wasting sickness had carried me almost to death's door; wh«>n my family, physicians, and friends 

bacl well-nigh ceased to hope for my recovery-even when the an- nouncement of my death bad flashed along the wires to my constituents-I remember, ah! well and gratefully do I remember, the deep and 

anxious solicitude with which the distinguished dead whose loss we mourn here to-day lingered at my bed-side; well do I remember the 

words of comfort he whispered in my ear, and the tender care with 

which be administered to my almost dying wants. Under the providence of a. merciful God I have been restored to health again, but my 

friend, 0, my friend! where is lle f Gone! gone to that bourn 

whrpce uo traveler returns. I fellow him with my prayers and beseech for him gra<:e and pardon from a just and righte-ous God. 

At six o'clock in the evening of the 26th of July, 1876, ALLEN 'l'AY- J-OR CAPERTOX, Senator from th~; State of West Virginia, departed this 

life, in the sixty-sixth~earof hi~:; age, in the city of Washington. His 

di ease was that techmcally known as angina pectoris. His last illness was of brief duration, and was at no time regarded dangerous. His 

devoted wife was then unhappily confined to a sick-bed, at Richmond, 

Virginia, and for that reason was unable to att.end her husband in his 

last hours. His son and daughter, assisted by other relatives, kept 

faithful watch over their fond father and were flattered. b~' tho hope 

of his speefly recovery. Upon the morning of the day of his death. 

he was feeling so comfortable that he advised his son to attend the se ion of the Hon e to bear the speech of an able friend. When the sou returned he fonnd his father sitting up in bed, brushing his· whiskers. ·He snudenly called to the son to hoist the window, and immediately sank back on his pillow, and expired withont a groan. 'Ve can better imagine than de8cribe the anguish of -those children, and the 

untold grief and agony that entwined itself around the heart of that 

wife when the startling, crushing news fell upon her ear that one who e ver,y existence forq~.ed part of her own was called to lie down 

in the cold damp ground to sleep the sleep that knows no waking. 

Mr. CAPERTON was born near Union,.l\fonroe County, Virginia, now West Virwnia, November 21, 1810. He attended school, fil'i)t in Virginia) then at Huntsville, Alabama, next at the Universil!y of Virginia, 

and&radnated at Yale College in 1839. He afterward studied lawwit.h 

Virgmia's distinguished jurist, Judge Briscoe G. Baldwin, at Staunton, was subsequently admitted to the bar, and practiced hh~ profession with aLility during the remainder of his life. He served as a 

director of the James River and Kanawha Canal, and was for several 

years a member of the Virginia senate qnd house of delegates. His 

last senatorial term in the Legislature ended in 18GO, and in 1861 he was elected a member of the State constitutional convention which 

pas. ed the ordinance of sece sion, and was afterward elected by the 

Legislature of Virginia a member of the Confederate States senate, 

in which body he served until the close of the war. After the clo e of the war he returned to his liome in the mountains 

of his nativity, where, borrowing the idea from another, it may be 

said, the air is pure, heaven serene, and God is near. Here he in tended 

to spend the evening of his life in his profe ional and private pursuits aud in the enjoyments of his home. He engaged actively in 

presenting to eastern capitalists the vast and superior coal and timber regions of the southwestern portion of his State, and to his energy 

and ability perhaps as much as to those of any other gentleman are the citizens of tho East and West indebted for that development 

which gives cheap fuel, cheap lumber, and promises of cheap transportation. But his mission had not yet been fulfilled ; his people had 

further need f his taient, his experience, his learning, and his purity, 

and after au exciting ancl somewhat bitter contest between other gentlemenfor a seat. in the United States Senate in the'\\rinterof 1 74-=-'75 

the Legislature of his State conferred that high honor upon him. He was an element of compromise acceptable to all, and the honor was the more than.kd'ully and graciously received because it came to him uu ought. 

In ea.rly life he was a whig in politics, was an admirer of Henry 

Clay, Josiah Randall, and their compeers, and a co-worker with them. 

The most cordial personal relations existed between himself and Mr. 

Randall, and the visits of the latter gentleman to the mineral springs 

of Virginia, and to his landed interests in the coal regions on the Great 

Kanawha, brought them into frequent association. Upon the disintegration of the whig party Mr. Randall was prominent in heading. 

the movement to unite the wbigs with the conservative-democratic 

party. His great speech, delivered at Cbambersburgh, Pennsylvania, 

on the 6t.h of Augnst, 1856, at the request of the democratic convention 

of that State, defined the policy of the wing of the party who aided 

the democrats in achieving the victory of that year. In this move- ment he was ably seconded by Mr. CAPERTO~, and durill<Y' .theremainder of their lives they co-operated in carrying out the pollcy thus 

inaugurated. 

Mr. CAPERTON discharged the duties of the various positions he was called upon to fill with honor to himself and benefit to his con- stituents. It was in the constitutional convention of Virginia, in 

1861, that I became intimately acq llainted with him. He there, as always before and since, displayed the fine culture, high character, 

and conservative views that drew around him the love and confidence 

of his people. He was a conservative-union man, opposed to seces- sion, and declared that it was not the remedy for the evils of which 

his State complained-that secession would lead to coercion, coercion 

would produce war, and war would result in distress and de~:mlation. 

It was not until his St.ate bad taken the fatal step that he determined 

to follow, but, being of that school which regarded. the doctrine of paramount allegiance to the State, wbeu his mother, Virginia, ca-st her 

fortune with the confederate go~ernl1lent, he threw his influence for 

weal or for woe with that mother and determined to share her fate, 

whatever that fate might be. Upon the close of the war he accepted . the situation, and acquiesced in the abandonment of secession and the 

overthrow of the institution of slaYery. 

He also acquiesced in the validity of the thirteenth, fourteenth, and 

fifteenth amendments to the Constitution of the United States, giving to them the broadest interpretation placffi upon them by t,he 

courts of the country; but he also tenaciously clnng to those other 

familiar provisions of the Constitution, one of which guarant-ees to 

every State in the Union a republican form of government, and the 

other reserving to the States respectively, or to the people, the powers 

not delegated to the United States nor prohibited by it to the States. 

His earthly career is ended, and his friends in their grief point with 

satisfaction to his life as one well spent-upon which neither spot nor blemish can be found. The chief feature of his character was its 

purity and unbending integrit.y; he lived and died an honest mao- the noblest work of God. Sorrow for such a one is an affliction we cherish and brood over in solitude; we would not wipe out from our recollection if we could the memories of the man. "The love which 

survives the tomb is one of the noblest attributes of the soul." "There 

is a voice from the tomb sweeter than song-there is a recollection of 

the dead to which we turn, even from the charms of the living." 

Let me min1de tears with thoo, 

:Mourning for him who mourned for me. 

Mr. TUCKER. Having known Mr. ALLEN TAYLOR CAPERTON, 

late Senator from West Virginia., intimately for more th~n a quarter 

of a century, it is fit that, a.s his friend and as a representative of 

his mother-Commonwealth, I should speak of his public and private 

character to-day. 

He sprang from a race which removed from the south of France to 

the north of Ireland; and thence his great-grandfather, Adalll Caperton, came to America. 

His grandfather went to Kentucky, in its early history, and was killed by the Indians in a battle known as Estill's defeat. 

His father, Hugh Caperton, began life in .Monroe, then Greenbriar, 

County, Virginia. He was a prominent man. was esteemed a gentleman of honor, and was a citizen of great public spirit and wide influence, and full of good deeds to the people among whom he lived ~dd~~ . He was a member of the State Legislature and for several terms a Representative of his district in this House of Congress, in which 

body he establislled a cordial and permanent friendship with such men as Henry Clay and Daniel Webster. 

His distinguished son, whose death we now deplore, was liberally 

educated at the University of Virginia and then at Yale College, being 

graduated at the latter institution in 1831. He studied law at Litchfield, Connecticut, and afterward under the late eminent Judge Bris- ooe G; Baldwin, of the court of appeals of Virginia. 

He began the practice of the law in his native county, and rose rapidly in public confidence as a counselor, advocate, and man. He was successively a member of both houses of the Legislature of his 

native State, of her constitutional conventions of 1850 and 1861, and was elected by her Legislature in 1 63 to the senate of the Confederate States, in which be serve,d honorably to the clo e of the war. Two years ago be was elected to the Senate of the United States by 

the State of West Virginia, and died in July last while faithfully 

doing his duty in that body. 

His career,· so full of manifestations of public esteem, gives evidence of rare mental and moral endowments, and justifies me, who 

knew him well, in attempting to portray them as they were grottped 

in his noble character. 

His intellect was active, acute, and vigorous, with a substratum of 

shrewdan.d masculine common sense, which constituted llim a wise and 

sagacious counselor. He had ima~inative powers superadded, which 

gave fervor and earnestue s to nis convictions and made him an able and often an eloquent advocate at the bar, on the hustings, 

and in the Senate. His culture was liberal, and., while· his study of 

his profession and of political science did not rahk him with the most 

learnecl and profound lawyers of the country, yet be wa-s most efficient 

in the conduct of his cause, very successful in the management of 

business, eminently safe as an adviser, and an able public servant. 

In the very depths of his soul he wa-s brave, disintereRted, generous, and true. He was sincere and constant in his friendships; open, 

manly, and ma.gnauimous, though stern and resolute to his foes. Deceit could not cross the confines of a heart whose inmost citadel was held by honor and trnth. He was frank and cantlid, and in his word 

absolute reliance was reposed; for as his sincerity was undoubted, so his courage wa.S a pledge to make it good to his friend, or against 

his opponent. 

To these sterling and manly virtues were united all the gentleness 
362 CONGRESSIONAL RECORD-HOUSE. D ECEl\fBEU 21' 

of a tender and loving nature. To his friends his society was a genial 

sunshine. Good sense, with wit and humor; earnest.ness of purpose, 

with perennial pleasantry; the manly activities of a firm and reso- lutena.ture, with a taste for poetry and music; gentle loves and ardent 

friend!$bips in the midst of t.he tierce struggles with adverse fortune or malign influences-these were mingled in beautiful proportions on the page of his history. 

Ilis mountain home was the seat of a hospitality where his guest 

forgot it was not his own, or only recalled it as he admired the easy 

freedom and graceful dignity of a post who banished all formality in 

the nobleness of his welcome and the simplicity and ~enerosity of his 

entert.ainmeut. 

He had the warme t sympathies for his own people. "The short 

but simple annals of he poor" ever found his ear attentive. Their 

early traditions, their homely thoughts, their sturdy and healthfnl sen- timents, he heard, appreciated, and cherished. To his equals he 

seemed proud and reserved, unfil friendship melted the Rurface, beneath which wa-s the warm current of his affections; but. he was never ha.ughty to the lowly, the poor, or the bel pless. To these he was gen.: 

tie, tender, and Mympathetic; so that popularity followed him un- sotwht. He charmed childhood by his playfulness; won the esteem 

of tbe gentler sex by his attractive manners, his cordial deference, 

his genuine respect, and his chivalrous courtesy and manhood paid 

homage to his liberality, his courage, his honesty, his magnanimity, 

and his good sense. In his own household-! pause upon its sacred threshold but to utter one word: As husband and father he merited the grief which can only be assuaged by Him whose promise is sure, to be the husband 

of widowhood and the father of orphanage! 

I have spoken of Mr. CAPERTON as a man adorning society by his 

presence and as a citizen blessing his people by his beneficence. 

I must speak of him as a public man. He was anima,tecl by a high 

public spirit, lending his aid to all Rchemes which woulll benefit and 

ad vauce the interests of his community, his State, and his country, in 

its largest sense. -

He was a. whig in politics in early life, and adhered to that party 

until 1860 with consistent and unshaken fidelity. After the presidential election of that year he was elect-ed to the convention of 1861 

as a Union man. He was a patriot, who loved the Union of our fathers with a depth of devetion which was only surpassed by his vene!ation for Virginia. And he adhered to the Union until the proclamation of Mr. Lincoln of April 15, 1861, summoning Virginia to 

assist in the war upon her southern siste1;s, when he decided to follow her -into the southern confederacy, and was faithful and true to 

its cause until it perished by war in 1865. 

But Mr. CAPERTON was no visionary or dreamy abstractionist. His 

miud was sagacious and practical. In the overthrow of the confederacy he saw the divine decree that the future fortunes of thA South -were bound up in the restored Union under its constitution, and that 

duty demanded of him to devote his future life to building up the 

waRte places of his own loved land, to repairing the breaches in the 

Fed()ral system,· and to promoting the liberty and the progress of the 

people of these reunited States. 

I know that such was his patriotic purpose and has been his ear- nest effort. He fell at the post of his duty, and has left to his friends 

and tn his countrymen a name without a stain, a character for spotless and lofty integrity, and the perpetual memory of a noble and 

honorable ni·e. . 

l\lr. CAPERTON and our late Speaker died within a few weeks of each 

other. Mr. Kerr passed away amid mountain-scenes in Virginia re- sem bl.ing those familiar to the eye of Mr. CAPERTON. Virginia may 

well mourn them together: the one her fait.hful son, the other who, 

drawing the inspiration of his opinions from our State, ever held her 

in a reverence which merits the tribute of her sorrow, as his eminent 

virt.ues and abilities won the esteem of her Representatives. In this 

Hall, where lately eloquence lent its voice of praise to the memory of 

Kerr, we may speak, above the graves of both, our sincere conviction 

that in t.heir death the country bas lost the sagacious counsels of two 

patriot-statesmen, never more needed than in this critical period of 

her history to guide her in the path .of prosperity and honor and an .3nduring peace. _ 

.Mr. Speaker, I have thus endeavored to delineate the character of 

my friend in simple words and with fidelity to truth. I dare not trust 

myself to speak of the personal relations which bound us for many 

years nor of the beautiful memories of the past which crowd upon my 

mind. 

In this desperate battle of life, as we near its close, so many who 

began the march w.ith us have fallen like leaves in wintry weather, 

that we naturally feel as if the friends who are gone were more numerous than those who remain. What we are meant to learn from 

these providential events is not merely the trite lesson of the uncer- tainty of our life, but that as death ends so life must be filled up with 

duty. Duty is indeed the tvlwle of our life, the sublimest word as it 

is the grandest thought of our race. As we look in the face of our honored dead, where passion's flush has yielded to perpetual pallorBefore decay's effacing fingers Have swept the lines where beauty lingers, And marked the milcl, angelic air, 

The rapture of repose that's there, 

we feel how solemn it is to die aml close forever the book of human 

purpose, and hnman activity, and human obligation. But life is more solemn than death, nod of deeper import. It is our only opportunity 

for responsible work, to make up that record which must stand of 

duty done in the fear of God and for the good of our race. Brother Representatives, we have buried one who, with us, represented the voice of the people of these States in our Federal Union. 

We stand to-day at the grave of one of the representatives of au or- ~anic State, in its equipollent relations to its sister Commonwealths. 

Each in our respective Houses have solemn relat.ions to thi. great system of government, and fraught with momentous results in tile near future of our history. May we bo endued with wisdom from on Lligh so to perform these important. functjons that when our summons comes, as soon it must come, we may render onr dread account with- on t fear; and, life's weary warfare done, and well done, may ~ink pt ace- fully and honorably, with firm faith and bumble hope, to our welcome 

rest from all the work that wearies; and enter with hnmor.tal 1·nergy 

upon the activities an~ the aspirations of an eternal life in the pres- ence of our Father and our God! 

Mr. KASSON. Mr. Speaker, I rerrret that I Qannot adequately con- tribute another to the fitting tributes already J'ondered to a character so respectetl and so amiable as that of the late Senator CAPERTO~. 

His life here in Washington was so quiet, his public service iu the 

American Senate so short, that comparatively few of us on thi floor 

had the pleasure of even a personal acquaintance with him; but. so many of us as did know him-and I am glad to have been one of that 

number-mostsincerelyunitewiththedelegationfromhisownhonored 

State in a common regret at his departure from these scenes of his 

official duty, and in a common grief that his presence will never again 

brighten the hours of our social intercourse. 

Sir, there bas always been, both in the Senate and HoURe of Representatives, a body of useful men, rarely claimin~ the ·a.ttention of 

the public press, rarely consuming the hours devoted to debate, but 

sound in their judgments, attentive to the duties of committ.t>es, 

patient in labor for their constituents, and conscientious in their votes. 

The applauding clamors of the public neyer fall to their sba1·e, never quicken their vanity, or give them a deceptive pleasure. No wreaths 

of earthly glory are woven for thetr brows. No eager, selfish am- bitions induce them to provoke or to participate in popular tumults~ 

in the turbulence of which they may rise to temporary distinction. 

They love peace for themselves and peace for their country. Their 

reward is not sought in popular applause; but in an approving con- science. The God who speaks in a" still, small voice,:' not He who 

speaks amid the rending winds of tumultuous praise or in the earthquake of civil strife, is the object of their worship. Faithful to dut.y as they see . it, their lives pass, giving.and receiving blessing, tranquilly to their end. · . To this class f)f useful men and trustworthy public servants Senator 

CAPERTON belonged during the period of my acquaintance with him, 

faithfnl to his constituents, faithful to his own convictrons of duty, 

giving to his country the benefit of his large experience in affairs without conceit and without ostentation. In social life his quiet natnre 

gave an illominatio.n to the circle in which be moved. Even his pres- ence served as a bar to discord and an invitation to conciliation. 

Elected to a. position in the confederate senate during the years of our national trouble, it might have been expected that be would enter 

the Senate of our reunited States with prejudices which would mar his 

record or impair his usefulness. But his character was too true, direct, 

and sincere to admit such a result. From the moment he tonk ·his 

official oath as a member of that exalted body charged with the vast 

int.erests of this Republic, he seemed to have no thought which wa.s a.t discord wit.h his patriotic duty. He became a true son of his united 

country, and not a word from his llps ever fanned the aying embers 

of civil strife. His n,ctioo in the Senate, in committees, and in society 

wa8 an assurance of returning ·fraternity. So far as we have any 

knowledge, no angers, personal or political, remained to be budetl in 

his grave. No one there had need to suppress a frown. Only those 

who bore to him the sentiments of kindness and affection could be 

found in all the range of his social relations . Thus, Mr. Speaker, this Honse knows no distinction of party names as we gather to this memorial service. We all reluctantly bitl farewell to our late associate in Congress. We all honored him living i 

we all revere his memory, dead. , We all wish to lay some fond tribute upon his tomb. All of us deeply sympathize with those who were 

nearest to him in the ties of kindred and with his congressional as ociates from his own State. We all are to see his face no more on earth. 

We all pray for a meeting in the other and happier worltl to which he 

has gone. 

Mr. HARDENBERGH. Mr. Speaker, death's hurricane a~ain has p~ssed and a stately tree has fallen, rich in the folia~e and f~m s of 

its gathered years, at once an ornament, a .beauty, an<l a lJlcssm~. 

A stricken family bewails its loveU one lost; a sovereign State mourns a.n illustrious son, called away in t.he maturity of his power; 

the Senate drapes again with the devices of mourning a Senatoes 

chair, and we attest by our spoken grief that another memb r of the 

Forty-fourth Congress has passed through the portalM of the tomb ·and a spiri~ ascended to the bosom of its Fa,ther and its God. 
.. 1876. a·oNGRESSIONAL RECORD-· HOUSE. 363 

It is right that we should p~use in our avocations, and while la.y- iu~ onr garland~ upon his tomb give fitting expressions to the thoughts 

which iu!itiuctivcly well up in the heart. It iM also right that as reprc entatives of the people we sbould bear our testimony to the virtues WUiL:.h gave diguity to and adorned his character, for he WM 

tl'ue. to lli-'1 high tl'ust, and the sentiment is at once cllaste and beautiful 

ttat marks an immemorial custom when death enters here, a-s State 

joins with State, to attest the common sorrow as mourners at the grave 

of an associate and a friend. We cannot repress our grief when the 

" guocl man " dies. Society feels the vacuum w ben au educated mind 

is withdrawn forever from its service and a ray of broadest light ex- pires, light furnished by that inward and immortallamp whicb when 

ill:! mi · ion upon earth has ended is trimmed anow by angel hands to 

sbino forever in the land beyond. 

The miml of man in its sphere and destiny is essentially immortal. 

It is true it bas its periods of youth and age; its rise, its progress, its 

decline ; yet, like the oak whose withered branches have withstood 

the torms an'l gales of centnries, when its leaves are strewn by wailing winds and angry blasts, from the small bnt gradual unfolding of 

tl.Jat vital substance spring forth into life and beauty as a new crea- atiou the buds and Ulossoms of another year. 

There have been many vacant seats since first we gathered at our country's call. .Massach,usetts weeps still at Wilson's grave, for he Wlli! l.ter gifted sou, reared from toil, and the record of his usefnl public service in times that gavo development to greatness will alike for- ever adorn her own aud the nation's annals. 

Conuecticut has lain away with tender bands a gallant Senator and a faithful Represent::ttive once of us here. Kentucky's tears fell thick 

and fast as the manly form of Parsons was borne away to repose beneath her generous sods. A few days since and all the eloquence of woe was heard within this Hall, as we rested from our pursuits of 

legislation at Indiana's and the nation's loss that our Speaker, her 

sturdy .son of Roman type, Jay buried from our sight; and now We t 

Vi ruin ia, virgin St.ate, born into the Union amid the mightiest of earth'l'l 

greatwarfarcs,ha vAiled her temples in mourning as the sad procession 

again was formed to bear her departed Senator o'er her hills and 

through her vales at once to his home and to his grave. Born npon 

her soil, with gifted powers e~rly trained in academic groves, he 

gave to her his noblest services. And for theseshelot'ed him and crowned 

bim with her highest civic honors. It was right it should thus be. 

That country best honors 1tself as it confers its dignities upon its 

worthiest and most illustrious sons, for the record of their lives will 

mark the noblest pages of its career. Tbere was a period in Grecian history denominated the "heroic 

agr.." The mystic spirit of that classic mce had invested men with 

the dignity of gods. So wonderful had been their achievements, so exalted their career, that the mere attributes of ordinary humanity were oot sufficient to account for the virtnt!S they posses efl. Their names were inscribed upon the warrior's shield, lifted up as the silent 

guardians of the public weal, adorned the temples-dedicated to justice; for in all places and on all occasions where patriotism songht 

example the heroes of classic Greece claimed the reverence and affection of the people. 

1\lr. Speaker, may not the intelligent inh:tbitants of a hemisphere 

unknown to the ancient kingdoms of the world when truth wasveiled 

in fiction andbeforetherevealmeut of a superior wisdom to mankind, as w~ cross the threshold of our new centennial, give higher witness 

to our own" heroic age" as memory reverts amid such touching scenes · as thi to the lopg list of minds of giant mold from those who founded 

to tho e who in the providence of God may preserve this best of hu- man governments f Standing as we do by the new-made graves of 

Wilson, Ferry, and of Starkweather, of Parsons, Kerr, and CAPERTOY, 

shall we not learn le ons anew of the patriot's duty and the legi ]ator's high responsibility, that passion aml prejudice and envy shall be 

quenchetl in that nobler spirit of endeavor whose patriotism is the love 

of country, whose code of momls is the love of manY Then t.be pillars of our Republic will be the firmer set, ita destiny the surer be, 

and then indeed shall be g~ven a purer emphasis to the language of 

the Roman bard : 

Yo have raised monuments more lasting than brazen statues-higher than the 

royal pyramids-which cannot be destroyed by wa~ting rains or tho fnry of the 

winds, by the series of countless ages, or the flight of the eternal years. 

. Mr. FAULKNER. Mr. Speaker, my colleague who sits near me, [Mr. 

HEREFORD,] having, a-s it was altogether appropriate for him, given a somewhat detailetl sketch of the life and services of the individual 

whose death has just been announced, it will only be expected from me to ~ive my personal recollections and impre ions of the deceased, as denved from my occasional official and private a-ssociation with 

him. Although we were both natives and citizens of the same State, 

and of the same gr:md division of the State, yet we were widely separated by distance from each other, and rarely met except when en- gaged in the public councllti of our State or of the nation. This is 

not an occasion, in my view of it, for indiscriminate or exaggeratecl 

enlogy, but a very fit and appropriate occasion to portray the real 

character of the deceased, and to let the story of his life suggest such 

reflections as the facts may fairly waiTant. 

Mr. CAPERTON was not among t.he most distinguished men of either 

of the two States which have honored him with their confidence; bnt 

he was a fair and honorable representative of a high-toned. and educated claas of country gentlemen who gave a character to Virginia 

society and exercised a salutary influence upon the p:trticnlar neighborhoods in which they lived. Inheriting a large landed estate frou:t 

his immediate ancestor, he wa-s removed above the necessity of pursuing any profession a.s a means of livelihood; and yet, as wa-s not uncommon among youths similarly situated with himself in that 

State, he received the benefits of a liberal and classi~al education, 

and passed through the curriculum of Yale and the University of Virginia with credit and distinction. Such an education at that period 

usually embraced a. course of municipal, constitutional, and national 

law, and was sought after by our young . men of inherited fortunes, 

not as a means of gain or profit, but a-s a source of intellectual enjoyment, and as a st-epping stone to political preferment. Blessed with a sound constitution, a handsome person, frank and engaging man- ners, an eaay flow of lanuuage, an ample fort.une, aud animated by 

noble but modest lll'pirafions for public service, no younl! man could 

have commenced life with promise of a more useful and honorable career. 

. HiB mirid was quick, sprightly, penetrating, and accurate, but not 

of the highest and most robust order. It had not been disci pi ined 

by habitual labor nor invigorated by the stern collision of intellectual gladiatorship. His memory was tenacious and . his fancy occa- sionally brilliant, whiJe a snppressed anrl geutlo humor gave a peculiar charm to his conversation. His literary taste, naturally acute a~d delicate, had been assiduously en] ti vated and improved by a care- ful study of the best English classics. 

As a sta.tesman he wa-s essentially conservative in all his views. He was a sincere believer in the snperiorit.v and value of free institutions 

and a.n inflexible advocate oi all the just rights of the people; and 

yet he was no demagogue. His a.ppen.ls were always to the reason, 

not to tt.e passions or prejudices of his hearers. He never flattered 

popular follies, but often expibited a peculiar pride in avowing an unpopular opinion if he had himself full faith in its soundness. He 

looked with intense admiration upon-the wisdom and sagacity displayed in the Constitution of the United States, and was di posed 

especially in his earlier life, to give too broad and liberal a construction to its implied powers. He was the stern and inflexible supporter 

of what be believed to be the right; and perhaps treated with too much 

levity and harshness what was deemed by others expedient in morals 

and politics. His maxim in life was Nihil vero utile, q1wd non idem 

llon~tun~. 

There was one quality which strikingly distinguished ~·CAPERTON, and which a.U will recognize who enjoyed the plea.sure of his ac- quaintance, and that was an elevated tone of mind and moral~:~, which 

rendered him incapable of countenancing a low or mean action. He 

shrank from all humbuggery, impo ture, and false pretension as something vile and contaminating. He was a stranger to the gnawings of envy; he stabbed no man in the dark; he took no unmanly 

ad vantage of au opponent; he was modest in the assertion of his own merit; disdained to appropri~te credit or honor to himself which he 

had not fairly and honestly earned, but did full justice to all who were a-ssociatoo with him in joint labors of any kind. He never sought to impress himself upon the world aa something greater or better than he really was . . Iu other worcls, he was tbronghout life a sincere, truthful, honest and honorable man. My acquaintance with Mr. CAPERTOY commenced at Richmond, in 

1841. He was then a delegate from the county of Monroe, one of the 

transmontane and western counties of that State. The agricultural 

interests of his coQstituents were at that time suffering severely from 

the want of a cheap and convenient transportation of their products 

to market, anu he~ keenly sympathizing wHh their necessities, became soon recognized as au ardent and earMst friend of a liberal system of 

internal improvements. At that time the great scheme which ab- · sorbed the attention of the State was a continuous line of water com- munication between the seaboard and the Ohio River by the valleys 

of the James and Kanawha Rivers-an enterprise suggesterl by the 

unerring foresight of the Father of our Conntry-ihown to be practicable by the engineering science of McNeil, Ellet, Fisk,. and Lorraine, and pushed forwarcl in its construction by the labors of Ca~ell 

ancl tbe eloquence of McDowell. l\lr. CAPERTOY attracted attentiOn 

by his earnf>st advocacy of this great national thoroughfare, a work 

which now challenges the attention of Congress anfl ranks among 

the p.ublic works best entitled to its consideration and patronage. 

My next a sociatiou with him was in 1850, as a member of thereform constitutional convention of Virginia. 

The people of Virginia for haJ.f a century after the close of the revo- lutionary war li'ved under a State constitution which would hardly 

be regarded as republican in these advanced clays of democratic prog- ress. Population as the basis of represeutati ve power in the Legislature was wholly ignored. The sma11est counties, with a population of 

a few hundred inhabitants, had the same weight in the Legislature with 

the largest and most populous counties numberiog from twenty to 

thirty thousand ; suffrage was restricted to freeholders alono; not au office in the State was elective by the people except members of the 

Legislature. Election precincts were unknown, and if a -voter lived 

twenty or thirty miles from the court-house, it was there, ancl th~re 

alone that be could ueclare his viva voce vote in the presence of the 

assembled voters of tbe county. These defects, with many others in 

the constitution of that State, were sought to be remedied by a con- vention which assembled in 1~2!l, composed of a body of men as ill us-
364 CONGRESSIONAL RECORD-SENATE. DEOEJ\IBER 22, 

trious as ever met together in council upon this.continent. Among 

the persons composing that body were J arne~ Madison, James Monroe, 

"Chtef-Justice Marshall, John Randolph, L1ttleton wan~r :raze.well, 

Benjamin W. Leigh, and a host of others scarcely less .dL'ltm~msh~d 

for ability and statesmanship. S<_>me of the mo t.glarmg clefe~ts m 

the then constitution were remedied; representatiOn was somewhat more fairly apportioned and suffrage partially extended. But the in~t rument, though protected from severe criticis.m l.Jy the. illustrious names which framed it, aud which recommended Its adoptwn, fell far 

short of meeting the popular demamlforreform. Accordmgly another 

couvention was called in 18i:IO,of which Mr. CAPEHTO~ was a member. 

The results of that conveutiou gave entire satisfa?t.ion to the popu~ar 

mi u<l of Virginia. Represcnta tion . upon the basts. of th~ ~ree whit.e 

population of the State was recogmzed, although, m a spmt ot c?mpromi e, the period was suspended for a few years when the prmCiple was to l.Je carried into full operation. Sutfmge was extended to all 

free white male citizens of twent,y-one years of age and upward. All 

,)ffice · were made elective by the people, with many other cha~1ges of an important and interesting character. In all the proceedmgs of 

this convention Mr. CAPERTON bore a useful and promment part as a frit·nd of constitutional reform, earning tb.e r~spect and confi~ence of 

bid colleagues by his good sense, sound prmciples, and pract1~al suggestion!:'!. The constitution 'Yas adopt.ed by an over~belmm~ rna~ 

j11rity of the people, and an llDpulse g~ven .to .the act:tve e.nergie~ ot 

the State wbicjl soon became perceptible m Its rap1dly mcreasmg 

p 1osperity. 

l\1r. UAPERTON was an ardent admirer of that great and accom- p'islJed statesman Henry Clay, who gave evidence in. three of the most meuwral.Jle acts of his life of a devotion almost pa~sw~ate for ~he perpetuit.v of the Uuion. Tbissentimen·t was entbustastlcally respond.ed 

t 11 hy his supporters and disciples throughout t~e country, who, .mdeed made it almost the shibboleth of .party fat1.b. But the Umon 

wbi:h .Mr. Clay so eloquently depicted was. one of choice, o! C?ncil!ation and compromise· not of armed despottsm and force. fh1s opmioo ~as largely sha~ed by .Mr. CAP~~~'I,'ON: and in a~l the m?vem~nts p receding the breakmg out of hosttllt1es he wa~ a .fi:m and mflex~ ble lviser of a policy that songht to preserv~ Vlfgm1a o the Um.on. But when the proclamation of President Lmcoln was Issued, callmg 

upon that State, among others, to contribute her quo.t,a, o~ troops and 

to liecome an active party to the war ibeu about bemg maugurated 

to c·ruRh the sece(lino- States, and to imbrue her bands in the blood of 

be; bt~th\·en of the §ontb, a change came over him, as ~n ?u.e ni~bt it 

did ovPr fifty thousand of the freemen and voters of Vtrgima. fhat 

proclamation boldly presented, on behalf ot the Northern Su~u:s, the 

steru nHimatum of war, and the alt.ernative was then precqutated 

npon Virginia eit.her to become a party to a wart~ cou.quer and subdue the secedino- StateA or a party to a war to mamtam and clefeud 

rio-hts which sb~ had Leld sacred from the foundation of the Govern- m~nt. .Mr. UAPERTO~ and the great mass of the people ~f that State 

arrayed tbemsel vf's on the side of tho rights and soveretgnty of the 

States. From that moment his heart and his services were freely 

given to the confederate cause. • I met with Mr. CAPERTOY frequently after be took his seat in the 

Senate of the United States. I had occasional conferences with him ·upon measures pending before the two bodies, and it became ~y duty 

from time to time as a member of the House of RepresentatiVes, to 

call bis special attention to the :pe~onal claims of. my constituents 

a.nd to the local interests of my dtstrtet. I found h1m a frank, cour- teous intelligent and attentive colahorer in the work of legislation, 

nacly at all tim~s to guard and pr?tect the interests a~d to pt·omote 

the just claims of the citizens of his State. In not 1\ swgle mstance 

did I observe any procrastination or inattention on his part to any of · the several matters to which I invited his attention. His service in 

that elevated and dignified body was brief, ~oo brief. t'? enable him to 

exhibit to the country many of those.sterlu~g qnalit1es of be3:d and 

heart which would have retlected credit on his State. But he IS now gone forever from among us ; his plac.e may be filled b.Y successors of greater brilliancy and of more dazzlmg talents; hut It never can be tilled by any man of more virtuous and generous impulses, nor by one more loyal to the true interests and honor of his native State. 

Mr. Speaker, I submit the resolutions which I send to the Clerk's desk 

to be read. 

The Clerk read the resolutions, as follows: 

Resolved, That the Honse of Representative has received with deep sensibility 

and profounrl sorrow tbe intelligence of the death of Hon. ALLEN T. CAPERTON 

late a Senator from the St •te of West Virginia. 

FLCSolved, That the proceed~s of this House in relation to the death of Hon. ALLES T.. CAPERTO~ be communicatecl to the willow and family of the deceased by the Clerk of the Honse. . Re--olved, That as a further mark of respect for the memory of the deceased this 

House do now adjourn. 

The resolutions we~e adopted; and accordingly (at five o'clock and 

thirty minutes) the House adjourned. 

PETITIOXS, ETC. 

The following petitions, &c., were presented at the Clerk's desk . under the rnJe, and referred as stated : B:v Mr. BANNING: The p tition of John A. Lynch, acting quartermaster for the western department, under the command of MajorGeneral John C. Fremont, for compE'nsation while acting a.ssaid quartermaster, to the Commit.tee on Military .Affu.irs. 

Bv Mr. FENN: Tbe petition for a post-route from Kilton, Utn.h 

Territory, to Rock Creek, Idaho Territory, to the Committee on the 

Post-Office and Post-Ro:u1s. 

By Mr. HOOKER: T~e memorial ?f Ann~tta Mary Vauclaim, for a pension, to the Committee on Invaltd PensiOns. . Bv :Mr. SEELYE: The petition of Augustus Watson, to abolish 

the 'Presidency, to the Committee on the Judiciary. 

By Mr. VAN VORH:BS: The petition and affiuavits in relation to 

the claim of Oscar B. Nott, late a private of Company K, One h.nndred and sixty-first Regiment Ohio Volunteer Infantry, for apenswn, 

to the Committee on Invalid Pensions. "' . 

IN SENATE. 

FRIDAY, December 22, 1876. 

Prayer by the Chaplain, Rev. BYRON SuNDERLAND, D. D. 

The Journal of yesterday's proceedings was read and approved. 

PETITIOXS AND MEMORIALS. 

Mr. 11fiTCHELL. I present the joint memorial of the Legi. lativa 

Assembly of the State of Oregon, in which tlley represent in substance and effect that the Columbia River, forming 1he b.onntlar.v in 

part between the St.ate of Oregon and the Territory of Washington, 

and draininO' the Territories of Idaho and Montana, west of tho Rocky 

Mountains ~anks amono- the rivers of the United Stat.es, next in importance t~ the Mis issippi River1 and is t~e larg~st ri ~er flo~ing into 

the Pacific Ocean from the Amen can contment, 1ts tnbntanes,watorinO' about 220 000 square miles of territory; that the Columbia is t.he 

only river in the United States .ad~itting d~ep s~a-going ~es els an<~ ocean steamers one hundred miles mto the mteTior from Its month, 

that the channel of this river affords first-clas~ facilities for tbe navigation of river steamers of large size, ancl• for barge transportation 

for the distance of five hundred miles or more, obstructell only by two 

principal rapids and a few reefs and rocks r~movalJ]e b;r or1~inar,y en- gineering. The rapids at the Cascades of the Columbta Rtver have 

already been surveyed an~ ~avorably reported UJ~ou by the mi1i t~ry 

eii~ineers and an appropnatwn has ueen made of $90,000 for begmnino· the construction of a canal and locks to overcome the oustrn.ctio; of the rapids at that point; surveys of the rapids called The Dalles have been made and favorably reported upon as feasible for improvement for a caual and locks at a limi.ted e~pense, in compari~on 

with the great commercial advantages whiCh Will result from sooh Improvement. They further represent that the commerc~ alrea~y developed on that river is quite important and every year 1.nereasmg a.t a rapid rate; that a very great extent of conntry borderu~g upou. the 

Upper Columbia River is adapted for the growth of cerealt~ m tho htghest perfection, and no undeveloped region. of o?-r country offers better 

advantages to agripultural settlers than thtsregwn. Thegrea.t problem 

to be solved in opening this country to early settlement and great pmductiveness is cheap transportation to the sea of tbe great future 

agricultural exports wllich will follow theocc~1pancy of the coontry. 

The Columl.Jia River, when cleared of obstrnc.twns and opened to ~ree 

navigation, will furnish the channel for thl8 cheap transportatiOJ?-· 

They therefore pray, in the interest of the future development of t h1s 

country, as well as in the int~rest of t~e general cot,om.erce ?f the 

Unit.ed States, that Congress will grant ltberal app:opn~twns for the 

opening and free navigation of the great Coluruu1a .Rtver. I move that this memorial be referred to the Select Committee on Transportation Routes to the Seaboard, and I desit·e to state that yesterday a bill was introduced having reference to this matter and referred to 

the Committee on Commerce. I desire if it be in order to move another 

reference of that bill. I move that the vote be reconsidered by which 

it wa.<; referred to the Committee on Commerce, in order that it may 

go to the Select Committee on Transportation Routes to the Seaboard. 

The PRESIDEN f 11ro tempore. 'fbe Senator from Oregon moves that the Committee on Commerce be discharged fl'om the further con- sideration of the bill (S. No. 1100) making approl?riat.ions for the improvement. of the Lower Wi lliamette and ColtlJD hta Rivers from Podland, Oregon, to the sea, a.nd that it be referred to the Select ~Om!fiittee on Txansportation Routes to the Seaboard. Is there obJectwn f 

The Chair hears none. It is so ordered. 

HOUSE BILLS REFERRED. 

The followin(T bills from the House of Representatives were severally read twice0

by their titles and referred to the Committee on :Military Affairs; 

A bill (H. R. No. 168A) for the relief of Robert H. Flavell, sergeant 

Company F, Seventh ~1issouri; and . . A bill (H. R. No. 4258) to provide for the payment for certa.m ImprovementH on lands now embraced in the military reservu.tion of Fort 

Cameron, in the Territory of Utah. 

REPORTS OF COMMITTEES. 

Mr. PRICE, from the Committee on Clu.ims, to wb?m was referred 

the petition of Lauan Heath, praying compensatiOn for damages