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 
CONGRESSIONAL R,ECORD-SENATE. 365 

arising t.o him as publisher by reason of certain defective printing of 

steel-plate illustrations of bank-notes and currency by the Treasury 

Department under a contract in 18G8 and 1869, reporten adversely 

thereon. antl asked to be discharged from its further consideration. ~h. WRIGHT. I suggest to my fl'iend the Senator from West Virginia that he also ask that the claim be rejected. 

Mr. PRICE. Yes, sir; I make that motion. 

The PRESIDENT pro tempm·e. Will the Senate concur in thereport that the claim be rejected f 

The report wa,s agreed to. 

Mr. BRUCE, from t,be Committee on Pensions, to whom was referrecl 

the !Jill (S. No. 7Gl) granting a pension t·O E. 0. Nye, reported advertJely thereon; and the bill was postponed indefinitely. 

:JJILL INTROVUCED. 

:Mr. MITCHELL asked, and by unanimous consent obtained, leave 

to introduce a bill (S. No. 1101) making appropriations for t!Je further 

improvement of the Willamette River in Oregon above the falls; 

which was read twice by its title, referred to the Select Committee on Transportation Routes to the Seaboard, and ordered to be printed. 

CK~TRAL BRANCH u.t•riON PACIFIC RAILROAD. 

Mr. WRIGHT. It will be remembered that on Tuesday I gave no- tice that I should this morning ask the Senate to proceed to the con- sideration of a bill reported from the Committee on the Judiciary decl:uing the trne construction of the several acts of Congress giving 

aid to the Union Pacific and Central Pacific Railroads, known as the 

act touching the Central Branch. In view of the fact that there is 

barely a quorum of the Senate present this morning, if so many as that, 

aml as I underst.aud the Senator from Oregon [l\Ir. MITCHELL] is desir- ous of proceeding with the resolution reported from the Committee on Privileges and Elections at this time,·lshall not press that bill this 

morning. I deem it proper to give this notice lest it should be con- sidered that there has been some abandonment of the proposed action ; 

and I say now that I shall as soon as the Senate convenes after the proposed recess ask the Senate to proceed to the consideration of that 

bill. 

Mr. INGALLS. I hope the Senator from Iowa will at least hold his 

determination to press that bill in abeyance until he is further ad vised 

in regard to the present condition of that road audits operationa. The 

bill that he proposes to press as t.he mea.~nre of the Judiciary Committee seems to me a mea~ure of very doubtful expediency. It is an attempt to obtain from this body a judicial declaration as to the 

meaning of an act of Congress, which I think should properly be left 

to the courts, and, in my judgment, if it were to become a law by the concurrence of both Houses, could not in any way affect the rights of 

the corporation, if they have any, under the statute alteady passed. 

I have proposed on a previous occasion to substitute for the measure reported by the Judiciary Committee a bill referring the whole ·subject to the Court of Claims for its decision. The rea.c:~on why that course cannot be taken now is because, under the constitution of 

the Court of Claim!:!, it can only take jnrisdiction of matters that are purely sounding in money dawages, money claims as they are called. 

'l'his is an equitable claim; and of course it would require a special 

act of Congress to confer jurisdiction on the court. 

But since the- bill was reporwd by the Judiciary Committee, the 

Central Branch of the Union Pacific Raihoad Company have proceeded under their charter in the construction of an additionattwenty 

miles. Twelve miles of it are already in operation. Before the Senator can reach the bill, at the period to which he has called the attention of the Senate, the twenty miles will be in active operation; and 

the whole question can then properly come before the Department for 

adjudication umler the provisions of the law itself. I would suggest 

that if, upon examination of the facts in the case, the Senator is advised that this subject may be considered properly before the Department of Justice or Department of the Interior, any action by the 

Senat.e would be entirely unnecessary and superfluous. I trust be will 

at least withdraw his notice that he shall nrge the consideration of 

the bill a.fter the holiday recess, until there has been further examination as to the condition of the road at the present time. 

.Mr. WRIGHT. I only desire to add to what I have said, in view of 

the remarks of the Senator from Kansa , that all the matters or most 

of those Sl}ggested by him were fully considered in by tLe Judiciary 

Committee at the time this bill was reported and due weight given to 

them. In view of the condition of the state of the decisions in the 

Department it was regarded as absolutely necessary, or certainly 

very advisable, that legislation of the character proposed should be 

had here. I was aware of i!he proposition made by the Senator from 

Kansas. Whether that be- the advisable course, or the one proposed 

by the committee, can be determined· by the Senate when the matter 

~ha.ll be before it. It will be for the Senate to determine in its pleasure whether it will or will not proceed to the consideration of this 

bill. 

I have given this notice at this time in part from the fact that I 

have assured the Senator that I would not call the bill up without 

previous notice to him. Of course if there be facts intervening between now and the time that I have suggested which shall render it 

advisable to postpone its further consideration, I shall not at that time 

press it; but I deemed it to be my duty to the committee and also to 

this measure to give the notice I have given. Of course intervening 

factliil may change the course tha.t I shall take. 

Mr. MITCHELL. If there be no further morning business--

Mr. INGALLS. One moment. I desire to understand from the 

Senator from Iowa in regard to the matter now before the Sena.te 

whether his notice is to be understood as meaning that be will on the first day after the holiday recess move to proceed to the consideration of this bill T 

Mr. WRIGHT. I shall esteem it to be my dnty to move to proceed 

to the consideration of the bill at that time, unless soruething shall 

intervene in the mean while to lead me .to think that it is not a.Uvisable to do so, and I will advise the Senator in time. 

WITHDRAWAL OF PAPERS. 

On motion of Mr. BRUCE, it was 

Ordered, That William M. Compton ·and others, sureties on the bond of B. B. 

Emory, late collector of internal re\'enue for the third district of Mississippi, have 

leave to withdraw their petition and papers from the files of the Senate by leaving 

copies of the same. 

ORDER OF BUSIN'ESS. 

Mr. MITCHELL. If there is no further morning business, I move that the Senate proceed to the consideration of the regular order of 

un:finil:;hed businl'ss. 

The PRESIDENT pro tempore. Is there objection to considering 

tho morning ho'll' terminated f 

Mr. NORWO\JD. I would ask the Senator from Oregon to yield t.o me to call up a bill that I have wished several times to get up, bnt 

have always yielded to other Senatm~s who de ired to get up other measures. It is a private bill, for the relief of Robert Erwin. 

Mr. MITCHELL. Is the bill likely to lead to discussion or take 

timeT 

Mr. NORWOOD. I cannot say. It is a bi11 the purpose of which 

is to allow a claimant to go before the Court of Claims on tho ground 

that he lost his opportnnity through the laches of his attorney at 

law. That, I believe, is tbe only point in theca e. lli. MITCHELL. It being in the morning ho•1r, I will give way. 

Mr. WRIGHT. I want to suggest to my friend from Georgia tha,t 

that bill comes from the Judiciary Committee and there is an ad- verse report. 

Mr. NORWOOD. I am aware of that. 

M.r. WRIGHT. And I can say to my friend from Oregon that while 

I have no disposition to captiously or otherwise interpose objections 

to the passage of this bill, it certainly cannot be passed without dil'lcussion, and I believe every member of the Committee on the Juclidary is absent except myself at this t.ime. There is a majority of the 

committ.ee against the bill. To t.ake it up at this time when a ma- jority of the members are absent, I hardly thlnk would be fair to them. 

Mr. NORWOOD. I have no wish to press the bill in the ab ence of 

the Judiciary Committee, but I am really anxious to get action upon 

it. The party interested hail been here a long time, as the Seuq,tor 

from Iowa knows. I had not looked around the Senate to see who was present of the Judiciary Committee. 

Mr. WRIGHT. Allow me to make one further remark. My friend 

will bear me witness that I have no disposition to interfere with ac- tion on this bill at any reasonable time; but I think it wonld ue better for him to give notice that he will ask if he can get the floor to 

take this bill np at the very earliest day, and then tbe members of the 

Judiciary Committee will be aware of the fact and can be here. I 

think it would be hardly proper to take it up this morning under all 

the circumstances. 

Mr. NORWOOD. Under that suggestion I will not press it this 

morning. I snppo.se there will be no legislative action after to-day 

until probably the 3d of January, and for. that reason I will not give 

notice of a time so far in advance when I shall move to take up the 

bill. ELECTORAL VOTE OF OREGON. 

Mr. MITCHELL. I ask the Senate to proceed to the consideration 

of the unfinished business. 

The PRESIDENT pro temp(Jt'e. The morning hour will be considered as having terminated. The unfinished business is the resolution 

directing an inquiry as to the eligibility of J. W. Watts as electorfor 

the State of Oregon, and the circumstances attending the appointmerit of electors in that State. The question is on the amendment of 

the Committee <>n Privileges and Elections to the resolution. The 

Secretary will report the amendment. 

The CHIEF CLERK. The resolution as introduced by M.r. MITCHELL 

is in the following words: 

Resolved, That the Committee on Privile,ges and Elections is hereby instructed to investigate the fact.<! attending the appomtment of said electors and pretended 

electors, their action as electors and pretended electors, and the action of the gov- ernor and secretary of state in respect to them, and report the same to the Senate; 

and for this purpose may employ a stenographer, send for persons and papers, administer oaths, and examine witnesses. 

The amendment reported to that resolution is to strike out all after 

the word "resolved" and insert: 

That the Committee on Privileges and Elections is hereby instructed to inquire 

into the eligibility of said .J. W, Watts, and investigate the facts atwnilinJ! the ap- pointment of said electors and pretended electors aml report the same to the Sen· 

ate; anll for this purpose may employ a stenographer, senu for per11ons and papers, 

administe; oaths, and examine witnesses. 

Mr. BOGY. The amendment upon which we are called to vote now is one offered by the Senator from Delaware, [Mr. BAXARD,] is it not Y 

.-. 
366 CONGRESSIONAL RECORD-SENATE. DECEMBER · 22, 

The PRESIDENT pro tempore. No, sir; the amendment of the Committee on· Privileges and Elections. The amendment of the Senator 

from Delaware touches the preamble, which will come last. 

Mr. BOGY. Is the question on the adoption of the resolution f 

The PRESIDENT pro tempore. On the amendment proposed by the 

committee to the resolution. It strikes out all after the word "resolved" and inserts a' snbstit.nte. 

Mr. BOGY. It i8 merely adopting the resolution. 

The PRESIDENT p1'a tempore. The resolution substantially in the 

form reported. 

Mr. BOGY.. And not of the preamble f 

The PRESIDENT p1'o tempo1'e. Not the preamble. 

Mr. BOGY. The preamble will be open to amendmentf 

The PRESIDENT pro tempo1'e. It will be. 

Mr. BOGY. I desire at the proper time to offer an amendment to 

the preamble. 

The PRESIDENT pro tempore. The Senator will have the opportunity. 

Mr. COCKRELL. I am decidedly in favor of the investigation of 

this electoral vote in Oregon ; but this resolution is fully covered by 

tho last clause in the resolution of the Senator from Vermont, [Mr. 

EDMUNDS,] which has already pasRed this House, and the Committe.e on Privileges and Elections have jnst as much authority to investigate this election under that resolution as they will have under this 

resolution, and this resolution is entirely unnecessary. I will read 

the last clause of the resolution offered by the Senator from Vermont 

and adopted by the Senate : • 

ResolvedfttrtheT, That the said committee be, and is hereby, instructed to inquire 

into the eli~bility to office under the Constitution of the United States of any per· son allegea to have been ineligible ou the 7th day of November last, or to be ineligil>le as electors of President and Vice· President of the United States, to whom 

certificate.'! of election havo l>eeu or shall be issued by tho executive authority of 

any State as such electors; and whethertbeappointmentof electors or those claim· 

ing t n be such in any of the States has been made, either by force, fraud, or other means, otherwi ethan in conformity with th~ Constitution and laws of the Unite.d 

States and the laws of there pective States; and whether any such appointment or action of any such elector has been iu anywise unconstitutionally or unlawfully 

interfered with: and to inquire aml report whether CoJ,i~ess bas any constitutional 

power, ancl, if so, what, and the extent thereof, in re pect of the appointment of or action of electors of President. and Vice-President of the United Stnres, or over re· ·turns or certificates of votes of such electors; ancl that said committee have power to send for persons and papers, and to employ a stenographer, and have leave to sit 

during the session of the Senate. 

That fully provides for this case, and there is no necessity for the 

pMSage of this resolution. If it were not provided for in that reao- lntion, I would vote for this amendment to the resolution without 

the pre:unble. . .Mr . .MITCHELL. That question was considered by the commit-

·tee; in fact that was one reason why I myself moved that this res- olution should go to the Committee on Privileges and Elections. I was aware of the fact that there had been a general resolution o1 

inquiry adopted by the Senate, and while there was some difference 

of opinion in the committee it was considered a matter of very grave 

doubt with some and of po itive opinion with others that the reso- lution referred to by the honorable Senator from Missouri did not cover this case. For my own part I feel very confident that it does 

not cover it, and the rea on why is this: The Senatorfrom Missouri 

will observe that t.bere is a qualifying clause in that resolution. It 

first provides that the committee shall investigate as to the eligi uility 

of certain elecliors; but there is this qualifying clause in that resolution, namely, "to whom certificates have been issued by the governor 

of the State." No certificate bas ever been issued by the governor 

of the State to Mr. Watts,. and therefore I do not think his case comes within the purview of the general resolution heretofore adopted_-by 

the Senate, and I think I may say that is the opinion of at least a nnmber of the members of the committee, and it was thought I 

think generally by the committee that out of abundant caution it 

would be proper at least t-o adopt this resolution. 

Mr. KERNAN. I cannot speak particularly as to whether one res- olution or the other is broader in the view of the committee; bnt I am in favor of a full investigation into the whole subject. Is this 

deemed necessary by the committee with a view of enabling them to investi~ate fnrther in relation to the Oregon case ' 

Mr. MITCHELL. I am not uow a member of the committee, and of course am not able to speak as to what the committee has done. 

Mr. KERNAN. I speak from the newspapers. Tbeysaywitnesses are on their way. 

Mr. MITCHELL. I think that is true. 

.Mr. KERNAN. If there be anything in this resolution that enables . them to investigate more fully than they otherwise would, I am iu 

favor of the resolution. I am desirous that there should beth~ fullest investigation. 

Mr. MITCHELL. I was very anxious that there should beJlO loop- · hole; that the authority of the committee should be ample so a13 to 

include this case in all its aspects. 

The PRESIDENT pro tempore. The question is on agreeing to the amendment of the Committee on Privileges a.nd Elections to the res- olution. 

The amendment was agreed to. 

The PRESIDENT pro tempore. The question is on the resolution as amended. · The resolution, as amended, was agreed to. 

The PRESIDENT p•o tempore. The question recurs on the preamble, and the first question is on t.he amendment of th Senator from 

Delaware [Mr. BAYARD] to theamenclmentoftheCommitteeonPriv- ileges and Elections, which will be read. 

The CHIEF CLERK. The amendmeut of the Committee on PI·ivileges aud Elections is to strike out all aHer the word cc whereas," in 

the first line of the preamble, and insert the following in lieu thereof : 

It is alleged tba.t at thA late election for electors of President and Vice-Pre. ident for the State of Oregon the people of saicl State, by a.ma,iorit.yof over one thousand votes. elected W. H. Odell. .John C. CartWTij!ht, and J. W. Watt.~; 

Aml whereas it is also allej!ed that the go,·ernor of said State rlid ubsequently, 

in "\"iolation of law and in defiance of the expreslled will of the people, issue a cer· tificate of election to one E. A. Cronin instead of to J. W. Watts; 

And whereas it is also a1leged that said E. A. Cronin flid in "\"iolation of law, 

upon some pretext, assume to select for hi!~ colleagues one .J. N. T . .M.Uieraud John 

Parker in lieu of saicl W. H. Odell and J obu C. Cartwri_!!bt; 

And whet·eafl it i11 further alle)!t>cl that said Cronin, Millet·, and Parkt>r ba.ve as- sumed to cast the vote of Ore:ron for President and Vice· President, and to certify 

the same to the President of the Senate: Therefore. 

The amendment proposed by Mr. BAYARD is to strike out all after 

the word ''alleged" in the first ~ine of the pending amendment and 

insP.rt: 

That the governor of the State of Oregon bas issued a certificate of election to one E. A. Cronin as one of the electors of said State instead of issnin:r uch certifi- cate to one .J. W. Watts, allegin:r that t.lte said Watts was ineli!',rible to the said 

office of elector on November 7, 1876, the time of said election. 

Mr. BAYARD. The amendment just read I believe was offered by me. 

The PRESIDENT pro tempore. So the Chair understands. Mr. BAYARD. I trust sincerely that, as there appears to be no dissenting voice to the investigation being held, it will not be deemed 

necessary to preface the resolution by a condemnation in arlvance, in 

the shape of a preamble, of the action of the executive of this State. 

It is not necessary to determine the case, and it occurs to me, as the 

Senate proposes to ac~ juilicially on this subject and very properly by 

taking the inquiry into the hands of one of its committees, it will 

lessen the weight of its judgment to decide in advance the very thing 

to be inquired of. It is not only a mere abstract sense of jn ticl'l, but 

it occurs to me that it· is peculiarly 'fitting at this time, in the face of 

the grave events before us, in the face of the dignity of the questions we are to act upon, that our whole tone of addressing our elves to 

these sulJjects should be worthy of the subjects and of the powers 

which are proposed to be exercised. We should come to onr judgment in this matter with gravity and decorum, and both are dne from us at all times aud never more than on an occasion like thi . 'Vhat- ever may be the conclusions we may arrive at of the legality or illegality of the action of the governor of Oregon, I do submit we can reach them without reflecting upon him in advance . The amendment which I have offered is strong enough to brinrr hefore the Senate the facts showing the origin of this inquiry, why the 

inquiry is sought and for what it is sought. I have not sought to 

amend in any way the language of the honorable Senator's inquiry. 

I only submit to him and the entire Senate that we can reach his eud 

without any show of unjudicial bias or paTtisan feeling. These questions involve so much that I do not wish in any vote I may ca~t, I do 

not wish in any remarks I may make, that any one should be able to 

discover which way a}larty predilection would control me in my feelings. I believe, if that rule be followed, that we shall have gone far 

toward reaching that temper o~ mind which is essential for us in order 

to ·act properly in this grave case. I cannot imagine that the resolution of inquiry is strengthenecl by 

its present preamble; on the contrary, 1 am sure that it is impeached 

by the present preamble; and that which I have offered as an amendment simply recites the fact that the:~;e is an allegation of error or questionable a~tion on the part of an official clothed with power, and 

therefore we Aubmit it to the Committee on the Judiciary to inform us whether be has or not acted in accordance with his legal right and 

power and sense of duty. 

It is not wise to impeach motives. How can we tell each other's 

motiveswhenourownaresooftenhiddenfromus f It is notwise; itis 

notjust,and in the present case, Isubmit,itisnot decorous. This question is a grave one, and it shoulu have .been, if it bas not been, discussed only with gravity and with a total absence of partisan beat. 

Why, then, upon a resolution in regard to which I do not know that 

there is any di sent in the Sena.te, couple it with a preamble that does 

reflect, and reflect coarsely, as I think unjustly, upon the action of a man, a personal strangerto me, who I deem is not only entitled to an absence of judgment until we shall know all the facts, but is entitled 

from us to what is due to ourselves in the matter, so that we should 

not hastily in advance prejudge his case f· 

Mr. MITCHELL. Mr. President, thebonorableSenatorfrom Dela- ware places a. wholly and entirely different construction on this preamble from tba.t placed on it by myself. The Senator says that it reflects 

coarsely and harshly, if I understood him correctly, npon Governor 

Grover. I do not think so. Such was not my intention, I am sure, so far us I am concerned, and I am satisfied the committee had no such 

intention as to assert anything that would condemn him in advauce 

of investigation. The preamble simply states that whereas so and so is alleged, referring, of course, to the public charge that has been 

made all over the country in regard to the action of Governor Grover. 

But in order to show the honorable Senator from Delaware that I mean to be just as fair as be can be, I will not take up the time of 

' 

' 
1876. CONGRESSIONAL RECORD-HOUSE. 367 

the Senate in regard to this preamble. I care not.hing about it particularly. The resolution of inquiry has been adopte.rl; the investi- ~at ion will be made; the report of the committee will come before 

us, and then we can make up onr judgments. If it is agreeable to the s~nate, ns it is pretty evident th~t we shall have no quorum. if the 

yeas and nays.are called, I will consent to take either the preamble 

snggested by the honora.ble Senator from Delaware, or to lay tlll the 

preambles on the table. 

Mr. SHERMAN. Let both be read. I should like to hear them. 

The PH.ESlDENT p1'o tempore. The Secretary will report the preamblf of the committee and that of the Senator from Delaware. 

T!Je CHIEF CLERK. The preamble as reported by the Committee on Privileges a.nd Elections i.s in the following words: 

Whereas it is alleged that at the late election for election of President and VicePrl'sident for tbe Stat.e of Oregon the j>eople of said State, by a majority of over one thousand votes, eJected W. H. Odell, John C. Cartwright, and J. W. Watts; 

Anrl w boreas it i::1 also alleged that the governor of said-State did subsequently, 

in nolation of law and in detiance of the expressed will of the people, issue a cer- t1ficate of election to one E . A. Cr-onin instead of to said J. W. Watts; 

And whereas it is also alleged that said E. A. Cronin did. in violation of law, upon some pretext. a::ISume to select for his rollPagnes one J. N. T. Miller and John Parker in lieu of said W. H. Quell and John C. Cartwright; .And wh•·rcas it is further alloged that said Cronin, Miller, and Parker have as- sumed to cast the Yoto of Oregon for President and Vice-President, and to certify the same to the President of ~be Senate: Therefore. 

The preamble, if amended as proposed by Senator BAYARD, will 

read: 

Whereas it is alleged that the governor of the State of Oregon has issued a cer· titicate of election to one E. A. Cronin as one of the electors of saicl State instead 

of issuing such. certificate to one J. W. Watts, alle,nng that the said Watts was ineligible to the said office of elector on November7, 1876, the time of said election: 

Therefore. · 

Mr. MITCHELL. If it is in order and will not affect the resolution as passed. I move to lay the preamble on the table. 

Mr. SHERMAN. Let the resolution be read. I do not think it 

wonlcl rE>ad well without some preamble. 

The Chief Clerk read the resolution, as follows: 

Be it resolved, That the Committee on Privileges and Elections is hereby in· 

structed to inquire into the eligibility of said J: W,. Watts, and investi.O'ate the 

facts attending the appointment of said electors and pretended electors and report 

the same to the Senate; ancl for this purpose may employ a stenographer, send for 

persons and papers, administer oaths, and examine witnesses. 

Mr. SHERMAN. The word "said" shonld be stricken out. My 

impression is that the preamble of the Senator from Delaware would 

probably avoid the necessity of changing the resolution; but by 

striking out two or three words in the resolution it would read as well without a preamble. 

Mr. MITCHELL. I make no objection to the preamble of the Senator from Delaware and withdraw my motion to lay on the table. 

The PRESIDENT p1·o ternpo1·e. The question is on the amendment 

froposed by the Senator from Delaware to the preamble. 

The amendment was agreed to. 

The PRESIDENT pro tentpore. The question is on the preamble as amended. 

The preamble, as amended, was agreed to. 

.MESSAGE FROM THE HOUSE. 

A message from the House of Representatives, by Mr. GEORGE M. 

ADAMS, it':'! Clerk, announced that the House disagreed to the amendments of the Senate to t.he bill (H. R. No.1984) to provide for t.he sale 

of certain lands in Kansas, asked a conference with the Senate 011 the 

disagreeing votes of the two Houses thereon, and had appointed Mr. 

ALFRJ<:D M. SCALES of North Carolina, Mr. CHARLES H. MORGAN of 

Missouri, and Mr. JuLius H. SEELYE of Massachusetts, managers at 

the conference on its part. 

The message also announced that the House had passed the following bill and joint resolution; in w:hich it requested the concurrence of the Senate : A bill (H. R. No. 4272) authorizing the use of certain funds now in 

the Treasury belonging to the Osage Indiana; and 

A joint resolution (H. R. No. 169) authorizing the Secretary of War 

to supply blankets to the Re~orm School in the District of Columbia. 

ENROLLED BILLS SIGNED. 

The message further announced that the Speaker of the House had 

signed the following enrolled bills; and they were thereupon signed 

by the P1·eside11t p1·o tempore : A bill (H. R. No. 97) directing the Commissioner of the General 

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

Samuel Ware; . 

A bill (H. R. No. 1026) for the relief of Thomas Van Duzen and his 

assigns for lands; 

A bill (H. R. No. 3504) for the relief of Thomas Day; and 

A bill (H. R. No. 4124) to provide for the expenses of certain special' 

committees of the House of Representatives and of the Committee on Privileges and Elections of the Senate. 

LANDS IN CHEROKEE STRIP. 

The PRESIDENT pro tempore ]aid before the Senate the action of 

the House of Representatives on the amendments of the Senate to 

the bill (H. R. No. 1984) to provide for the sale of certain lands in 

l(ansas. . 

Mr. INGALLS. I move that the Senate insist upon its amendments 

disagreed to by the Honse of Representatives to that bill, and agree 

to the conference asked by the House. · Mr. CLAYTON. What, lanrls are tlwse T 

Mr. INGALLS. The Cherokees' st.rip. 

Tho PRESIDENT p1·o tem,pore. The question is on the motion of 

the Senator from Kansas. 

The motion was agreed to. 

The PRESIDENT pro ternpo1·e being by unanimous consent authorized to appoint the committee of conference on the part of the Senate, 

Mr. ALLISON, Mr. PADDOCK, and Mr. BOGY were appointed. 

ADJOU.R..~::\IE.NT . 

Mr. EDMUNDS. I move that the Senate proceed to the consideration of executive business. 

Mr. ALLiSON. I ask to have taken from the Secretary's desk the 

bill (H. R. No. 4272) authorizing the use of certain funds now in the 

Treasury belonging to the Osage Indians. 

Mr. EDMUNDS. Let the question be put on my motion. The question being pnt, there were on a division-ayes 19, noes 8; no quorum vo'ing. 

Mr. CONKLING. Let us have the yeaB and nays. 

The yeas and nays were ordered. 

Mr. ALLISON. I ask the Senator from Vermont to waive his motion 

for an executive session until the bill is read that I desire to have 

taken up. 

The PRESIDENT p1·o tempore. Debate is not in order. 

Mr. EDMUNDS. I know debate is not in order; but I ask unani- mous consent to say a single word. I do not know anything about 

the bill, and hav~ not the s!ightest objection to it that I know of, and 

proba.bly should not have if I heard it rearl; but feeliug that tllere was probablynoqnorum here from the appare11tthinnessof the Chamberfor as soon as the Oregon business was rlisposed of the Chamber seemed 

suddenly to grow thin-! have made the motion, in order to a certaiu 

whethec there is a quorum. If there is a quorum here, mostcertaiuly 

I will consent that the doors be opened or my motion be votecl down. 

The Senator doe8 not want to pass the bill without a. quorum, I am sure, any more than I do. 

The yeas and nays were taken, with the following result: 

YEAS-Messrs: Bayard, Boutwell, Bnrl)side, Chaffee, Cockrell, Cragin, Da.we-a, 

Dorsey, Eaton, Edmunds, Golclthwaite, Gqrdon, Hamilton. Johnston, Kernan~ 

Key, Logan, McCreery, Maxey, Morrill, Norwood, Price, Spencer, Witbe1-s, ana Wri~ht-25. 

NAYS-Messrs. Allison, Bo;ry, Booth, Clayton. Conkling, Conover, Ferry, In· 

galls, Mitchell, Morton. Paddock, and Sherman-12. . ABSENT-Messrs. Alcorn, Antbony,.lla.rnum, Blaine, Bruce, Cameron of Pennsylvania, Camor·on of Wisconsin, Cbrllitiaucy, Cooper, Davis, Donn is. l!'rt~linghuysen. Hamlin, Harvey, Hitchcock, Rowe, Jones of Florida, Jones of Nevacla, Kelly, McDonalrl, McMillan, Me1-rimon, Ogleo~by, Patterson, Randolph, Ransom, Robert- son, Sargent, Saulsbnry, Sharon, Stevenson, Teller, Thurman, Wadleigh, Wallace, 

West, Whyte, and Windorn-38. 

The PRESIDENT p1'o tcm.pm·e. On agreeing to the m8tion of the 

Senator from Vermont·, the yeas are 25 aud t he nays 12; no quorum 

voting. 

Mr. CONKLING. I think it is hardly worth while to attempt to 

get a quorum for this one day at this hour. Therefore I move that 

the Senate do now adjonrn. 

The motion wa.s agreed to. 

The PRESIDENT pro tempore. The Senate stands adjourned until 

Tuesday next at twelve o'clock. 

HOUSE OF REPRESENTATIVES. 

FRIDAY, December 22, 1876. 

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

I. L. TOWNSEND. 

The Journal of yesterday was read and approved. 

COMPENSATION OF UNITED STATES 1\IARSHALS. 

Mr. DURHAM, by unanimous consent, from the Committee on Expenditures in the Department of Justice, reported back, with amendments, the bill (H. R. No. 3775) fixing the compensation of United 

States marshals and deputies; and the bill, with accompanying amendments, was ordered to be printerl and recommitted. 

FEES OF CLERKS OF UNITED STATES COURTS. 

Mr. DURHAM also, from the same committee, reported back, with 

amendments, the bill (H. R. No. 3776) fixing the fees of clerks of the 

United States district and circuit courts; and the bill, with accompanying amendments, wa-s ordered to be printed and recommitted. 

MORNING HOUR. 

The SPEAKER. -The morning hour will now begin at seventeen 

minutes past twelve o'clock. This being Friday, the first business 

during the morning hour is the call of committees for reports of a. private nature. The call rests with the Committee on the Judiciary. 

· A. C. MYERS. 

Mr. HUNTON, from the Committee on the Judiciary, reported back 

the bill (H. R. No. 4273) to remove the political disabilities of A. C. 

Myers, of Maryland; which was read a first and secoud time.