t 

t 1876. CONGRESSIONAL RECORD-HOUSE. 227-

Did the men who framed that law contemplate any departure from 

the principles laid clown by Dunrlreary T Certainly not. They never supposed that one fool bird would flocktogetherall byhimself. They 

had no conception of it at that time; but by the phra e the" electors 

pre eut 17 they contemplated whatf As a matter of course that more than one should be present. 

Hy the way, I have a decision upon that qnestion reudered within' 

the last few days uy a ver.v high court in England. I refer to the 

supreme court of judicatme in Englanrl, which has been bnt recently 

organized to fill the place of the House of Lortls in this·respect. It 

is one of the first cases they have decided, and I ask the Secretary 

to 1·ead the report of that case from the Loudon Tim~ of November 

22, 1876. It is a law report: 

Honse of Lords, Nov. 21-appeals. 

Supreme court of judicature-court of appeals. Sittings at Westminster before Lord Chief-Justice Coleridge and Lords Justices 

Mellish, Brett, and Amphlett. · 

The case is that of Sharp t:s. Dawes. I ask the Secretary to read it· 

The Secretary reatl as· follows : 

SHARP VB. DAWES. 

In this case the very novel question wa.'i raised whether one shareholder in a company conld by himself con!'tituto a '' meetin~" for the pnrpose of makili~ calls 

ancl transactio!! bmdness generally where there was no provision in the rn!es for a "quorum." Tlte action was ln·ought for the amount of a call upon certain shareR, 

which call WM made a.t a meeting, du1y convened, of a company tronsacting busine8s in the Stannaries, on the coRt-book principle, undct· 32 and 33 Viet., cap. 19. 

Proper notices bad ueen given under the rules, of a meeting to be held on the :30th 

of December, 1 i4. On that day, at the time of the mPeting, only one shareholder attended He wok the chair and passl'<l ~overal resolntiom:~, including a call of 4s. 

6d. per ~:~bare upon tho capital of tho company and enrling with a vote of thanks to bims('lf as chairman. Tho actwn was tried by Baron Bram.weU. without a jury, on the 16th of May last, and tile question as to the valiclily of the call was rrservctl 

for tho Qneen's Bench division, where Mr. Justice Blackburn anrl Mr. Justice 

Qnaiu decided that, the meeting having been properly convened, the resolutions 

passed there by tho single shareholtlcr were \alid. ., Ou appeal, Mr. HoU, for the appellant, argued that there coulrl be no 11 meeting" unle~s at least two sbareholde1·s "met" each other. It was merely an abortive at- tempt at a meetinl!. 

Mr. Brown, Queen's counsel, and Mr. Lane, for therespondents, argned that the 

met>ting was properly convened, and therefore was Yalid. Tbe shareholders Yote 

aceortling to the value of thtir shares. Tllereforo, this one gentlomau, if a few 

othet· shureboluers with a less nnmber of sbart'S bad come in, coulcl have out-:votell 

them aud passed resolutions. Was be to be deprivt>tl of this right because they re- fu ed to come. The condition~ precedent to make it a JOP.etin~ ltad heen fulfilled. 

Lorfl Justice MELLI8H. You admit that if no sharehohler had attended there wou!d have been no meeting 1 

Lord Cor.JWJDGE. No. be does not, if the conditions precedent have bren fulfilled. 

The learned counsel urged, if no one is there. of course, nothing can be done. 

Bnt 1f oue is there he can tranr.act business. The word 11 meeting·" is uRed iu a technical rather than in its popular sense. I.onl COLERJDGE The question is, what does the word "meeting" mean within 

the act 32 and 33 Vict.,cap.19 ~ No lloubt, it might be that tbeworclruightinclude an assemllly of on~\ within th(l meaning of some particular act, but there are no worcls here to show t.hat it is used otherwise than iu its nsual signification. In or· 'l.inat·y langua.e;ea meeting must be more-than one. Therefore. I am·of opinion that in this case there wa.'l no valid meetin~J; · Lord Jus lice MELU ·H. I am of the same opinion. It is admitted that if no shareholders como tht're is no meet in~. a.ud I do not see why one sltonld constitute a "meeting "more than none. We must adhere to the piain mea:dng of language. Lortls Justices Brett and Amphlett concurred. 

M:r. MITCHELL. Mr. Pre ident, I think that ought to dispose of 

any serious question that might be raised iu regard to the propriety or authority of one per on undertaking to convene, to assemble together with himself, to have a e.onvocation in regard to the transaction of business. I do not suppose that any Senator on this floor will 

treat that with any kind of seriousness. I do not understand that 

any Senator on this floor is here to-£lay to defend for one minute the 

action of Governor Grover in undertaking to issue a certificate to Mr. 

Cronin. If any such defense is to be made, I should like to hear it; 

I should like to know it. I was a little surprised, and gratified at the same time, at some statements made by my friend from Ohio [Mr. 

THURMAN] yesterday. I quote from the RECORD: 

Why, Mr. PresidentSays heit i.<i a new feature introduced into the American Constitution and the American 

system of governmen~ _Wo did think once that the only question about an election was, wuobasa.maJOfltyof the votes~ That is what wetbourrbt; that is whatonr 

fathers thought when they made our Constitution; but that is ~ot tho question any more. The qurstion is not who has tbe majority of the votes, but who has the ma- jority of the men who count the votes. Mr. MITCHELL rose. Mr. T.HURMA."l'. I would rather not yield just now. ,If ;you have a re~urning b!>ard with_ a majorityreany to count out democratic can- didates and conntm repubbc:m cancltdates, they have a power as great a.~ the trib- unes of the Roman people had to veto the voice of the people · not simply to veto wha.t the people have !lone, but to determine what the people ought to have done 

according to their judgment of what they think to be best. That is it, sir. ' 

Sir, what the Senator :b·om Ohio saiclyesterday is applicable to the 

case u~der discussion to-day. 'Ye did think at one time, all of us, 

repn bhcans and democrats, that the only question was as to what 

the_ majority of the people had determined; but, as the Senator from 

Ohto says, the question now is, when applied to transactions that have 

recently taked place in the State of Oregon: "Not who has the majority of the votf's, but who bas the majority of the men who connt 

the votes." In the States of Louisiana and Florida and South Caro- lin~ t~ere was a qtwstion before t.he American people as to whom the 

maJOrity of the people of those States gave their votes for President 

and Vice-President. Is there any such question with reference to the 

State of Oregon f Does any ~an or any Senator or anybody deny that 

a large majority of the people of that St.ate gave their Yotes for the 

republican candidate for presidential electors t No such soggestjou 

has been made here. 

In what I have said to-clay I have not argued the question at all in 

regard to the eligibilit.y or non-eligibility of Mr. Watts. Tbat was argued in extenso heretofore by aLter men iu this body. I care not 

what the general rnle is upon that question; I plant myself npon the 

constitution of the Stato of Oregon and up1'n t.l1e laws passed in pur- suance t.hereof, and I assert that the governor of that State, in as- suming the exercise of judicial functions, in attempting to pass upon 

the eligibility of Dr. Watts, traus~reesedthe law, usurped power, attempted, if you plea e, by frauduJent pr?ctices to set aside and 

t,rample upon the will of the majority of the people of one of the great 

States of the American Union. I say it noes not belonO' to him to pass 

npou that qnest.ion, whatever way the question shon1d ue decide<\; 

ancl in ru;suming to entertain jurisdiction of tltat q oestiou be has transgressed the law; he has not only undertaken to trample upon the will 

of the majority of the people of bi8 own State, but by the sn.me fraudulent practices he has attempted. to override the constitiutioually ex- pressefl will of a majority of the great States of this Union in refer- ence to the selection of the Chief Magistracy of forty-five millions of 

people. That is what I say, and if I am "'rong I want to be corrected now. 

Bot Senators upon the other side of this question who have discussed it have not only ig-nored the constitution of the State of Oregon and the laws of the State of Oregon, they have talked about a.bstra.ct questions, f,hey have shielded and sheltered thems•,lves behind 

the opinions of lawyers who have eitbe volunteered opioiont:~ upon 

this question or who have been paid for the same. I take it for granted 

that Mr. Judge Hoa.dly of Cincinnati ha.s acquired all the fame that 

he ever expected to achieve by his opinion to Governor Grover. He 

has obtained the notoriety of having his opinion read from that desk 

to go forth before t.he people of this country. 

Mr. President, I do not desire to detain the Renate longer. My friend 

from Ohio yesterday [Mr. THURMAN] referred to th~ Roman tribunes 

who exercised the power of not only defeating the will of the senate 

an<l of the people, but who assumed the right to determine what the 

people ought to have done. Yes; but a check came to that, let me tell my friend from Ohio. There was a certain Tiberi us Gracchus in 

Roman history who inaugurated the policy that au appeal should 

be taken to the people from the Roman tribune who should undertake to veto the decision of his associates or the deci. ion of the Roman 

Renate. 'l'bat poH.cy was inaugurated three hundred ye~Lrs before the .Christ,ian era, and if we have a Roman tribune to-day iu Oregon who 

would assume to oven-ide the will of the majority of the peopl~ of that 

State, I propose that we have another Tiberi us Gracchus, who will appeal to the people, to the people not only of the St-ate of Oregon but 

the people of this whole country; and in reference to their decision on this question I have no fears. To that trilmnal I cheerfully submit 

the question, and the more cheerfully from the fact that my democratic 

friends on the other side of this Chamber, instead of comiugout openly 

and above-board and defl"nding the' action of their democratic gov- ernor in the State of Oregon, seek only 1o defend that action by iuuirection, shielding themselves behind t3e opinions of irresponsible men. Mr. President, it is vory late aml I shall not detain the Senate further now. I F:hall have more to say however in reference to other aspects 

of this case. Mr. LOGAN. Mr. President-

:Mr. EDMUNDS. If the Senator from Illinois will allow me, I will move an adjournment. 

Mr. HARVEY. Will not the Senator yield for a short executive ses- sion T 

Mr. ED~1UNDS. I will give way for the motion. 

Mr. HARVEY. There is a reason for it which I can explain to the 

satisfaction of every Senator present. 

Mr. ED~1UNDS. I withdraw my motion for that purpose. 

Mr. HARVEY. I move that the Senate proceed to the consideration 

of executive business. 

The motion was agreed to; and the Sflnate proceeded to the consideration of executive business. After two minutes spent in executive 

session, the doors wer<1 re-opened, and (at five o'clock and five minutes 

p.m.) the Senate adjourned. 

HOUSE OF REPRESENTATIVES. 

FRIDAY, December 15, 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. 

CON6RATULATIONS ON NATIONAL CENTENARY. 

Mr. SWANN. I am clirecterl by the Committee on [l'oreign Affairs 

to present two reports which it is very necessary should be acted on at ouce. I ask that they be read. 

The Clerk read as follows: 

I am instructed by the Committ-ee on Foreign Affairs t~ report. to this Hoose a communication received in July last from the republic of Pretoria, South Africa, 
- . 

228 O.ONGRESSIONAL RECORD-HOUSE. DECEl\IBER 15, 

and referred by the House of Representath·es t~ this committee. In response to t.be complim ntary action of !:,he republic of Pretol'in., I am instructed by the Commit t'ef\ on Foroi.(!ll .A iJ'airs to commmiicate sa ill ar~ion to the Secretary of 'tate with 

the request that ('1\i.th tho approbation of the llou e of Representatn·es) wo return tho acknowledgments of this Government to tho republic of Pretofia for tho Tory 

complimentary terms in which the saitl repubUo ba.<1 referred to the first centen- nial of our uatioual Independence, and our high appreciation of tho compliment con- veyed in said commnnic~tion. 

:fn connectidn therewith the Committee on Foreign A.fl'ai.rs have unanimously 

adopted the following: .R.-solved, That tho Secretary of State be requested to commuulcate to the republic of Pretoria the high appreciation by the llouse of Representatives of the com- Jllimentary terms in which said republic has referred to tho first centennial of our . nationallndependence in their resolutions to this House in May last. · TllO. SWANN, Chairman. 

The report was adopteil. 

1\Ir. SWANN moved to reconsider the vote by which the report was adopted; and also moved that the motion to reconsider be laid on the 

table. 

The latter motion was agreed 'to. 

Mr. SWANN. I now ask the Clerk to read the other report which 

I have sent to the de~k. 

The Clerk read as follows : 

The followin~ dispatch having been communicated t.o the Congress of the United 

States, July 11, 1876, from t;be Argentine RepublicTh Congrus : • 

Argentine Con~ress, inspired by the sacred remembrances to-day raises in freemel:l's souls, heartily congratulates your Congress on the glorious centenary of that 

great country. 

Given, Congress in session: 

MARINO ACOSTA CARLOS GA V .ARIA, 

BUENOS .AYRES, July 4-

Secretary. 

and the same being refeiTed to the Committee on Foreign Affairs, I am instructed 

by aid committee to report the followiu•: 

r.uolvtd, That tho Secretary of State be and is requested to acknowledge said 

dispatch aml the high appreciation of the House of Representa.ti'\"es ef the compli· mont intenued to he conveyed. 

THO. SWANN, Ohairman. 

Mr. KASSON. .As this report is intended to be an answer on the 

part of our Government to a compliment extended to the United States, 

I ask the gentleman from Maryland [.Mr. SWANN] whether ou.r action 

should not be in the form of a concurrent or joint resolution which 

wonld represent the whole Government of the United States. I ob- serv.e that by the language of this report the acknowledgment is by 

the House alone, though the commnnication is to thew hole people and 

the Government of the United States. If the committee have considered this question, of course that should be satisfactory. I only suggest the question whether tliis resolution of acknowledgment which 

is to be transmitted to a foreign government onght not to be so framed as to represent both branches of Congress by concurrent or joint reso- lution. 

Mr. SvV ANN. The Secretary of State is the medium through which 

tho Committee on l!~oreign Affairs ha.ve comnmnicated whatever may 

require his attent.ion. These reports came to our committee during 

thereces of the House and we have had no time to give them any very 

extended discussion. 

The committee, however, have taken no action in reference to the 

matter as to whether the resolution shonld be a joint resolution or whether the response should be made through the Secretary of State. 

We are under the impression that a commvnication of the sense of 

this House to thisA.rgentirie Republic through the Secretary of State 

would answer the purpose for conveying the recognition of the United 

States of the very complimentary manner in which the centennial 

anniversary O'f this Republic has been referred to. 

Mr. KASSON. I agree with the gentleman as to the propriety of 

the resolution, and the only suggestion I have made has been in refer- ence to the form in which it should be pa sed. 

Mr. SWANN. We looked upon the Secretary of State as the channel througlf wbich this communication should be made. 

Mr. HOAR. A. question as to the propriety of the expression used 

in the last resolution has occurred to me, and I therefore ask that it 

be again read. · · Mr. KASSON. I a-sk also tha.t the communication referred to be 

again read. 

The report and resolution were again read. 

Mr. KASSON. It will be observed, Mr. Speaker1 this recognition comes from the Congress of our sister republic to tile Congress of the 

United States, and therefore I think my honorable friend from Maryland will ee the propriety of having the answer from the Congress 

of the United States, which can be done by a slight change. in the 

wording of the resolution. 

The SPEAKER. The resolution is open to amendment. 

Mr. SWANN. I have no objection to that amendment. 

Mr-. KASSON. I suggest by common consent that the gentleman 

from Maryland be allowed to make it a joint resolution of the two 

Houses of Congress: ''Resolved by the s~nate and House of Representatives," &c. 

.Mr. SWANN. We have no objection to that at aH, as· it accom- l,l1is4es the purpose we ha\e in view. · l\1r. HOLMAN. It might be better to have the response read as it 

will stand amended. Mr. KAS ON. It is only provided that it shall be in the form of a joint resolution: "Resolved by tha Senate and House of Representatives in Congress assembled," &o. 

Mr. SWANN. Thef(~ is no ohjection to that amendment. I will 

make it a joint resolution (H. R. No. li2) ill response to congratulations from the Argentine Republic. . Mr. HOL~IA.N. I trust th'at the gentleman from Maryland, in view 

of the change in the form of th13 resolution will takl3 the amendm nt 

and prepare it himself. The words" intended to be" should be stricken 

ont. 

Mr. KASSON. Let them be stricken out. 

The SPEAKER. The amendment suggested will be made if there 

be no objection. 

There was BO objection and it was ordered accordingly . The joint resolution was read a. first and ~Second time, ordered to be 

engrossed and read a third time; and being engrossed, it was accordingly read the thi.rd time, and passed. 

Mr. S'\V ANN moved. to reconsider the vote by which the joint r so- lution was passed; and also moved that the motion to reconsider be 

laid on the table. 

The latter motion was agreed to. · By unanimous consent the resolution already adopted in reference 

to the Republic of Pretoria was moili'fied to take tha form of a joint 

resolution (H. R. No. 171) in reference to the congratulations from 

the Republic of Pretoria. 

LEGAL RlCPRESENTA.TIYE8 011' WILLIAM S. ROBINSO~. 

Mr. TARBOX, by unanimous consent, moved to take from the 

Speaker's table a bill (S. No. 436) for the relief of the legal repre. entatives of WilliamS. Robinson, of Malden, Massachusetts, for reference 

to the Committee of Claims. 

The bill was taken np, read a first and 8econd time, referred to the 

Committee of Claims, and ordered to be printed. 

Mr. TARBOX moved to reconsider the vote just taken; and also 

moved that the motion to reconsider be laid on the table. 

The latter motion was agreed to. 

EMPLOYES OF THE FOLDING-ROOM. 

Mr. V A.NCE, of North Carolina, by unanimous consent, submitted 

the following resolution; which was referred to the Committee of 

Accounts: 

Resolved, That the Clerk of the House of Representatives be, and be is l1er byJ 

authorized and directed to pay out of the contin~rent funfl, to the following namea :persons, -who have been employe<l &t piece work in the folclinJ!·room of the House 

from September 1, 1A76, the saine amount per annum, less 10 per cent., as was paid 

the same clas!' of employ lis of the Forty third Congress, from the abo':e .uate to J?ocember 15, l816: C. L. Freeman, W. W. Lester, N:Daw on. W. H. Mimx, Patrick 

Jordan. C. T. Lewis, W. F. Wee'ks, J. H. Walters, J. N. WigJ!inB, Allen Wood, 

C. W. C. Dunnington, J. M. Buchanan, B. E. Hambleton, S.M. Freeman, J. L. 

Knight, H. T. Murry. 

HENRY HADLEY. 

Mr. W A.LKER, of New York, by unanimous consent, introduced a bill (H. R. No. 4200) granting a -pension to Henry Hadley, late a privateofCompanyG, Eighty-sixth Volunteers, NewYorkStatelnfantry; 

which was read a. :first and second time, referred to the Committee on Invalid Pensions, and ordereu to ue printed. 

TECHE DISTRICT. 

:Mr. KERR, by unanimous con ent, from the Committee on Com- merce. reported back a bill (H. R. No. 2278) to change the name of the 

port of entry of the district of the Teche, in Louisiana, from Brashear 

to Morgan City, with the recommendation that it do pass. 

The bill, which waa read, in the first section provides t.hat the name of the port of entry of the Teche district, in the State of Louisiana, be 

changed from Brashear to Morgan Cit.y. 

.Mr. HOLMAN. This I und.orsta.nd is but a change of name' 

Mr . .KERR. It is simply to have the name of the port of entry con- form to the name of the municipality and post-office in that locality. 

Mr. HOLMAN. If that be all, t.here is no objection to it. 

The bill was orrlereu to be engrossed and r<>:ld a third time; and 

being engrossed, it was accordingly read the third time, and passed. 

Mr. KEHR moved to reconsider the vote by which the bill was passed; and also moved that the motion to re~onsider be laid on the 

table. · The latter motiqn was agreed to. . 

WILLIAM BOWEN. 

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

42<01) for the relief of William Bowen, of the District of Columbia; 

which was read a first and second time, referred to the Committee for 

the District of Columbia, and ordered to be printed. 

JOHN 8. LOGAN .A~i D W. L. SHADWICK. 

Mr. REA, by unanimous consent, ~oved to take from the Speaker'~ 

t.aqle a bill (S. No. 890) for the rehe_f of John !3· Logan and W. L. 

Shadwick, for reference to the Comm1ttee of ClaliDB. 

The motion was agreed to ; a.nd the bill was tak~n up, read a first 

and s~cond time, referred to the Committee of Claims, and ordered to 

be printed. 

Mr. REA. moved to reconsider the vote just taken; and also moved 

that the motion to reconsider be laid on the table. 

The latter motion was agreed to. 

:MUTUAL FIRE·L..~SURANCE COl\1PANY, DISTRICT OF COLUMBIA. 

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

4202) to amend the charter of the l\Iutual Fire-Insurance Company of 

the District of Columbia; which was read a first and second time, re1 

' 
1876. CONGRESSIONAL RECORD-· HOUSE. 229 

ferred to the Committee for the District of Columbia, and ordered to 

be printed. REPRESENTATIVES OF C. W. M'CORD ET AL. 

Mr. WELLS, of Missouri, by 1manimous consent, introduced a bill 

(H. R. No. 4203) for t.he relief of the legal representatives of Charles 

W. McCord and Reuben McCord; which was rea<l a first and second 

time, referred to the Committee on Naval Affairs, and ordered to be 

printed. 

WILLIAM SHARP. 

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

4204) to remove the political disabilities of William Sharp, of Norfolk, 

Virginia; which was read a first and second time. 

Mr. GOODE. I ask that by unanimous consent the bill may now be put upon its passage. 

.Mr. WILSON, of Iowa. Does the usual petition accompany the bill t 

Mr. GOODE. Yes, sir. 

The bill was ordered to be engrossed and read a third time; and being en~rosse<l, it was accordingly read the third time, and passed; 

two-thuds voting in favor thereof. 

LLOYD J, BEALL. 

Mr. HUNTON, by unanimous consent, from the Committee on the Jndici~ry, reported back with a favorable recommendation tbe bill 

(H. R. No. 4149) to remoYe the legal and political disabilities of Lloyd 

J. Beall, of Virginht. 

Mr. WILSON, of Ipwa. The word "1egal" should not be in the bill. 

Mr. HUNTON. It is merely in the title of the bill. I ask that by 

unanimous consent the words of the title of the bill" legal and" be 

stricken ont. 

There was no objection, and it was so ordered. 

Mr. CONGER. Does the usual petition accompany the bill f 

Mr. HUNTON. The Ut:ina.l petition accompanies the bill, and it has 

been unanimously approved by the Committee on the Jucliciary. 

The bill was ordered to be engrossed and read a third time ; and being en~rossed, it was accoruingly read the third time, and passed; 

two-thirds voting in favor thereof. 

CATHARINE SHEETS. 

Mr. V .A.N VORHES, by unanimous consent, introduced a bill (H. 

R. No. 4~05) granting a pension to Catharine Sheets, wi<low of Daniel 

Sbeets, late captain of Company C, Seventeent.h Regiment of Ohio 

Volunteer Infantry, ancl to her minor son, Willie Sheets; which was rea•l a first and second time, referred to the Committee on Invalid Pe~sions, and oruered to be printed. 

AMOS WHITEHAIR ET AL. 

Mr. VAN VORHES also, by unanimous consent, introduced a bill 

(H. R. No. 4206) allowing a pension to Amos Whitehair and Eliza J. 

Whitehair, children of Emory D. Whitehair, late a private of Company F, Third Regiment '\Vest Virginia Volunteers; which was read a first and seconu time, referred to the Committee on Invalid Pensions, and ordered to be printed. · 

F. E. SHEPPERD. 

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

4207) to remoYe the polit.ical disabilities of F. E. Shepper~, of Vir- . ginia; which was read a :first and l:'!econd time. 

The bi11 was oruereu to be engrossed and read a third time ; and 

being e-ngrossed, it was accordingly read the t.hird time, and passecl; 

two-thirds voting in favor thereof. 

EXPENSES OF SPECIAL COMMITIEES. 

Mr. HOLMAN. I am instructed by the Committee on Appropriations to report ~ack the bill (H. R. No. 4121) to provicle for the ex- penses of certain special committees, and tho Senate amenclments 

referred to that committee, with amendments both to the Senate 

amendments aml to the original bill. 

I will state, Mr. SpeakPr, that the bill as it passed the House appropriated tho sum of $21,000 to meet the expense of three committees appointed hy the House to make investig:ttions in regard to the 

late elections for President and Vice-President of "the United States 

in the States of South Ca.rolina, Florida, and Louisiana. The Senate 

amende•l the bill by ad<ling an additional section appropriating the sum of $50,000 for investigations in the States named and also the 

State of Mississippi by committees of that bocly. The Committee on Appropriat_ions llave instructed me to make the report which I send 

to the ll<>sk to be read. 

The Clerk read as follows: 

The Committee on Appropriations, to whom the bill (H. R. No. 4121) to provide 

" for tbe expenses of certain special cnmmittees," together with the amendments of 

the Senate thereto, was referred, having consiuered the same, beg leave to report, 

and do report, as follows : Thoy recommend concurrence with the amendment numbered 1 with an amend· mentas follows: In line 1 of the bill sh·ike out the words "twenty-one" and insert 

iB. lieu tho wo1·d ·"thirty," and a.fkr tho word "Florida" in line 1 of tho bill insert 

"and of the committee of five appointed to procce(l to the cities of New York, 

Philadelphia, :!3rooklyn, and Jersey City, to examine into any allegecl franrlnlent 

registration and fraudulent voting for pre.~idential electilrs and Representatives in 

Cougre.'!s." Anuufterthe WQrd "the" in line 4 of the bill insert •· actual," and after 

tho word "expenses" in the same line insert "necessarily incUITed." 

They recommrnd concurrence with amendment numbe1 e112, (being section 2,) with an amendment as follows: In line 1 of said amendment strike out the word "fifty" 

and insert the word "thirty," and in line 4, after the word "tho," insert the words 

"actual and neceRsa.ry," and in lin& 5, after the worcl !'elections," insert "and 

other expenses necessarily incurred." • 

Mr. HOLMAN. That the House may be fully informed of the effect 

of the amendments proposed by the Committee on Appropriations, I 

ask that the origina.l bill and the Senate amendments may be now re- ported. 

The bill was read, as follows: · 

A bill to provide for the expenses of certain special committees. 

Be it enacted, etc., That the sum of $21,000, or so much thereof as may be neces: sary, be, and tho same is hereby, appropriated from any moneys in the Tr~sury 

not otherwise appropriated, to defray tho expenses of tho three special committees 

ch:.uged, respemively, with tho inveslig-ation of the recent elections in the States 

of Louisiana, of Sonth Carolina, and of Floritla. ; said appropriation to ue ad tied to 

the contm~ent fun•l of the Ilouse of Reprcsentati>es, aml tb be disbursed upon 

vouchers approved by the chairmen of the respective committees. 

The amendments of the Senate were reac.l, as follows: 

Insert after the word 11 committees," in liue 7, the words " from the House of Rep· resentative~ ;" so as to read: " To defray the oxpenses of the three special commit- tees from the Rouse of Representatives." &c. 

At the end of the bill, a:ill tho following as an additional section: 11 SEG. 2. Thatthesumof 850,000, or so much thereof as ma.y be necessary·, be, and 

the same is hereby, appropriated, out of any monl\ys in tho 1'rea..'lury not otherwise 

appropriated, to defray tho expenses of the Committee on Privilege~ anu Elections 

in making the lnvesti.!!:ttions directo(l by Sen:tto resolution of December 5, 1876, iD 

the several States named therein, saiu appropriation to be paid into t.he contingent 

fund of the Senate. And the disbursing ollicer of t.he Senate shall ad \-3Jlce snch parts 

of tho sum above appropriated to the_Ser_gea.nt-at.Arms of the Senato as thechair· man of said committee shall, in writing, direct, for the pnrpose aforesaid; and the Ser~eant-at-Arms shall, as soon as practicable, make a detailed rr-.p01t of tho ex- pendi.ture. there~f, with proper vouchers, ~hie~, when so made. shall be received 

by said diSbursmg ofiicer and returned w1th his accounts to the proper officer of 

thl' Treasury Department." · Ament I tho title so as to read: 

''An act to provide for the expenses of certain special committees of the Honse 

of Representatives and of the Committee on Pri vilegea anu Elections of the Senate." 

The SP~.A.KER. The question is upon the amendment reported by 

t.he committee. 

Mr. HOLMAN. .A. word of explana.tion : The House provided for 

the appointment of three committees, and finally of four: a committee of fifteen to make investiga.tion into the recent election in the State 

of Louisia.na, a committee of nine to make investigation into therecent election in the State of South Carolina, and a committee of six 

to make invcstiga.tion into the recent" election in the State of Florhia; 

subsequently a committee of five was appointed to investigate therecent election and examine into the question of alleged frand in th~ cities of New York, Brookl~n, Jersey City, an<l Philadelphia. 

The appropriation for the first three committees w.a,s fixed by the · House at $21,000, which was believed to be quite an ample snm·for 

that purpose. Tbe Senate proviuedfor enlarging the committee known 

in that body as the Committee.. on Privileges and Elections, and provided for three subcommittees, of three members eacll, to visit South 

Carolina, Florida, a.nclLouisiaua, to make corresponiling investigation, 

with the power, as the Committee on Appropriat.ions nn<lerstands, on the part of that portion of the c:>mmittee which remains at the Capitol to make investigations-geQerally into the recent elections, em bracing perhaps the State of Mississippi, and all matters concerning the 

election. 

The Senate propose an appropriation of $50,000 to carry out the ·purposes of the resolution of that body. 

On examination by the Committee on Appropriations, it is deemed 

entirely proper that the appropriation should be abont the same sum that the Honse Committee on Appropriations recommcndeu, aml therefore they recommend an increase of the appropriation for the House 

committees, in view of the enlargemcnt.of the committees to four instead of three, from $21,000 to- $30,000, in view of the organiza.tion of an adclitional committee, an<l the a.ppropria.tion of a conesponclinO' sum of $30,000 to meet the expenses of the committees appointed o~ the part of the Senate. 

The more common practice bas been, perhaps it may be said, (al .. t.hough I think there is no C<lmmou practice upon the sullject,) for each 

House to appropriate the sum which it deems necessary for making a.n investigation authorize<l by them. That, however, cannot be regar<led a.s a settled pnctice by any means, but both Houses ninst concur as to ·what are reasonable and proper expenses for any given purpo~: · The tendency of late years bas been to rencler our investigations 

exceedingly expensive, and the expenses of such investigations llave 

grown rapidly in late years. It is believed by the Committee on Appropriations that the sum of $30,000 for ea.ch of the two Houses-will 

meet every necessary expen<liture growing out of these investigations 

that may be made. The law is that the members of the two branches 

of Cosgress, actingnpon investigatingcommittees,sha1l be pa-idsimply their absolute expenses incurred ; nothing beyon<l that. 

It is not inten<led t.ha.t a member serving upon a committee of invest.igation sha.ll receive increased compensation, but that he shall re- ceive only his actual current expenses. This, with the exp•mses of 

subpamaing witnesses and of clerks :.md stenographers, is covered by 

this appropriation. 

One other word. I notice that in the haste of preparing this amendment the limitation of this a.ppfQpriation to the actual expenses 

only applies to the last section of the bill. I ask unanimous consent 

that tbe same terms shall be applied to the first section of the bill ; 

that tbe moriey shall be applied only to the actual and necessary ex- penses of these committees, and nothing more. :Mr. HALE rose. . Mr. HOLMAN. I desire to retain the floor upon tbi::; bill; but I yieid 

to the gentleman from .Ma.ine for a moment.- · 
,• 

230 CONGR.ESSIONAL RECOR.D-HOUSE. DECEMBER 15, 

M~. HALE. I rise, ~fr. Speaker, for the purpose of opposing there- EXPENSES OF rnVESTIGA.TING comnTTE~s. rl.nction recom~ended m -the report of the Committee on Appropria- tiOns as affecting the cost of the Senate investiCY::tt.iou. which bas Mr. H.OLMAN. I dk~ n?t supp?~e that a bill proposing simply to 

been cut down from $;JO,OOO to $30,000, and I do it f~· this reason: The appropnate money t.o :u~ m ~ leg•tlm::t~e am~ proper investirration by 

Senate, in tlJe exercise of its undoubted right, has determined to in- the two Houses would ~Ive nse to a d1scnt<swn of the merits of the 

vestigate these matters in certain Southern States upon which the controversy o~1t of which these committees lJave grown. The gentle- House at first started. ' man from .Mame [Mr. HALE] must see that the merits of thls controlnstearl of appointing new committees of the Senate as we have ver Y do not come up at all--

doue, that body has increased one of its committees-th~ Committee :Mr. HALE. I did not attempt to go into them. on Pl'ivilegesandElections-tofifteen members, and the committee has Mr. HOLMAN. The gentleman shoulll remember further that mem- snbuivided and bas sent branch committees into t.hree Southern States. bers upon this side of tbe Hom;e ha\-e shown at lem'it as much anxiety 

It. has in' aduition to that appointed another lar(J'e subcommittee for a full and fair inquiry into the events of the late elections in the 

that proposes to sit here in 'Vashington and to summ~n witnesses from States named as the gentleman and his friends h~tve dcne. On tlle 

certain other States. I learn that witnesses have a]reach· been sum- contrary~ think my us!lal~y fair ~nd frank frienrl is jnst at this mo- moned from Oregon, and I understand it is the purpose 0 (tbe commit- ment actmg upon a. prmCiple w hteh has not hitherto controllell his 

tee to send for a large number of witne ses from :Mis is ippi. Every act.ion in this House. If I am not mistaken, my friend very carneHtly 

gentleman will see that this method adopted by the Senate in the oppo ed the organization of committee to visit the e States in the 

exercise of its discretion, is an expensive methocl. But the' Senate South to inquire into the question of the rerrularitv and peacefulness 

has determined upon this method; it has decided that it. will so ex- of the elections lately held there. 0 

• 

a.mine and so investigate. Gentlemen in certain States, upon both Mr. HALE. Let me correct the gentleman. I was then on my way 

Sl(l~s of the B;ouse, have been requested to give lists of witnesses from from Louisiana. 

thmr respect1ve States to be summoned by th ... committee. And the 1\fr. HOLMAN. My friend is right. 

Senate bas sa.id that it believed that $50,000 will not be too much for Mr. ~ALE. Had I been here, I would have joined beartly in the 

the carrying out of this plan. appointment of every committee sought to be sent down there· for I 

Now HJ?On a question of this kin~ I do not believe that my friend have been there. ' 

from Imhana, [.Mr. HOLMAN,] who 1s an honest economist and wants 1\Ir. HOLMAN. I am very glad to hear that sta.tement. But the 

to sa;ve the public money where ~e can, should insist upon his parsi- ge.ntlema~'s political frienos opposed th~ appointment of those com- momous rule.. There are some thmgs that are more important t.o the mtttees w1th great earnestness, there bemg I believe but three excepAmerican people than the expenoiture of $20,000, the difference be- tions ou that side of the House. 

tween the amount named by the Senate, and tue amount named in the Mr. KASSON. Four. repo~t ~ubmitt~d ~o this House from .the Committee on Appropriations. . Mr. HOLMAN .. Witl~ bu~ few exceptions the gentlemen on the other 

fh1s1s a snbJ~Ct-~a.tter upon wh1ch the American people have in- s1de opposed themvestl~at~on. Now thegentlcma.n froru Maine hall 

tently fixed their mmds. The Senate has determined to investi<Tate not go farther than I willm favor of full and fair investigation into 

t~s ~ubJec~. The. di~'erence of 20,000 may hamper that investl~a- the events connected with the r.ece~t ~lection in any of th States of 

twn 1f flemed, or If. gtven may make it free, fuU, and fair. I do not the Sonth or~f the North. I thmk •.t .1s a matter of such high importbelieve the gentleman from Indiana [Mr. HoLMAN] wants that there :tnce that ~bile there should be posttlve economy in all the expendi- shoulcl ~e any pinch upon the committees. • tares .of. this Government, the sum really required for this pnrpo e, 

I had occasion not long ago to visit one of these States. I am not ev~n If It should prove to be a large sum, should be cheerfully approgoing into its conuition except very briefly, in order to illustmte pnated rather than that the investigation should not be full and 

my ar~ument in favor of appropriating the sum asked by the Senate. complete. I found there a conm~on of things that should be investigated. I Mr. HALE. Will the gentleman allow me to ask him a question at 

fouJ?d that large p~rt1?~ of the State bad been patrolled by armed this pointf 

bod1es _of men who ~nturud3l'te~, as I believe, a defenseless peopl~ un- Mr. HOLMAN. Yes, sir. 

dertakmg to e~ermse the IT nght. of suffrage. . By reading certain Mr. HALE. The gentleman will allow ~e to sn~gest that probably 

reports ernanatmg from authont.at1ve sources on the ot.ber side I find the amount fixed here for the House committee w11L not be when all ~hat it is. denic.£1 that th.is condition of things arose from any politi- the expenses are in, nearl;\ large enough. The appropri~tion must 

cal considemtiOns or cucumstances. Now, we can afford to give cover the expenses of meruiJers, of witnesses, of marshals of steno0'-

$20,000 to find out whether that is true or not true. mphers, of rooms, and a thousand and one other expen:litures atThere is. to-day in Soutl~ Carolina a condition of thing~ that attracts te~dant np?n the work o~ a. great committee. Does not my frieu<l 

the attentwn of the Amencan people. There are double Le(J'islatnres thmk that if the appropnatwn goes through at this limited amount 

and double ~overnors there; two men bave been inau(J'urat~cl as gov- we Rhall be obliged hereafter to add to it f 

ern or and claim to control all the power of that State~ There is also ~fr. HOLMAN. O, I think not. I have known a committee of this a contest as to the electoral certificate, as to who had the ri(J'ht to cast Honse, consisting of seven members, and employed duri.J10' the vaca.- tbe electoral vote of the State of South Carolina. The people of tbi.s t!Ofi: of ~ongressas well a-s. du!ing ~t~ session~ for~ period of two years, 

?ountr:v would be glad to give 20,000 to have that question more fully s1ttmg m almost aU the prmCipalClttes of this Umon embraced within 

mYe t1gated. · the then Jines of loyal territory; and yet the expenditure was only 

One word more only, as I know the gentleman from Indiana wants one-fourth the amount weare appropriating for anyoneof these comto get through with this matter, and that is this: Knowin<Y some- mittees. tl~ing of the situati01~ in one of t.hese Stat.es, I bid that gentle~an and Mr. HALE. That was under the stringent administration of the 

l11s part.~ Godspe~d 1~ the effort .to iuvcs~ig:tte e:·erything by and former member from Illinois, 1\fr. Washburne, aa chairman of the 

larg~. lhe !·ruth Is Illlghty and w111 prevail m this matter. I wish Committee on Appropriations. t\ fair committee could be sent to Louisiana (for I know more of that ~1.r. H<?LMAN. Yes, sir; a~d aU I ask is that such tringent adState than of any other) every other day if necessary, in order that mimstratwn shall be restored m regard to these expenditures. 

the truth may be got at. I do not care bow the committee is con- I have observed with some degree of inclirrnation (a I think my 

stituted; I do not care if t'!o-thirds of all these committees that visit friend from Maine has) the e:xtrava<Yance of the Houses of Conrrress t~tese States to probe their wounds and wrongs and bring them to not only in the organization of com~ittees to be sent abroad b~t i~ light, are made up from the other side. I know that any committee ~e ~owin~ ex1Jenditures .for such pmposes .. I must say th~t in my 

g.oiug dow•~ there an~ iuvestigating will find at the bottom a condi- Jntlgment $30,000 appropnated to the committees of each Honse is 

twn of affatrs that will attract a.nd absorb the attention of the A mer· very ample. I hope the gentleman from 1\faine will bear in mind 

ican people. . strictly- this fact, 'that the House, with a larger number of mem IJers 

That is why I want to appropriate the largest sum named. If nee- and wtth the same number of commit~ees, is pr~po ing to appropriate es ary I would donule the appropriation for the use of committees; only the same amount for the nse of 1ts committee that it concedes 

I would have no hinderan~e. put upon any of them, but wonld let to the Senate. The gentleman must bear in mina another fact that 

them go down ~here and VlSlt every parish and take full testimony the Honse is at least as mnch re pon ible as the Senate, if not 'more 

an<l report to th1s House. I venture to say that no voice on this side so, for the proper and economical expenditure of the public money. 

of the Honse will be raised against giving them ample money. l\Ir. HALE. I grant that. 

Mr. HOLMAN. I did not propo e to enter into- Mr. HOLMAN. And the House cannot consent to appropriate any 

SIOUX L\TDIA..I.'IS. 

Mr. MILLS. I rise to a. privileged motion, a motion to reconsider. 

Tbe SPEAKER. Tbe gentleman from Indiana is now on the floor. 

l\lr. MILLS. Under the rule I have a right to ta.ke a member from 

the floor for the purpose of enterin(J' a motion to reconsicler. 

Mr. HOLMAN. I ":ill yield for tbat purpose. 

Mr. MILJ:S. I desire to enter a motion to reconsider the vote w he:eby the House on yesterday referrecl to the Committee on Indian 

Affatrs the message of the President, with accompanying documents 

upon the ~nhject of the J?egotia.tion pending for the removal of th~ .S1oux Indtau~ to the Ind1an Territory. 

The SPEAKER. That motion will be entered upon theJournal. 

more than is absolutely requireu. ·.Mr. HALE. Let me call the gentleman's attention upon this point 

to the <listinction to which he first alluded, that the House does not 

propo e that either of its committees shall sit here and summon wit- nesses from far distant States. That is the most expensive method 

of condncting an examination, and the Senate does that. 

Mr. HOLMAN. And does my friend think: that it is the duty of this 

H?nse out of courtesy (very high courtesy indeed it woulcl uo) to permit ~nother b~anch of the Government, no more responsible for the pn~hc expen~htures than we are, to adopt the most expensive mode 

of mvest1gat10n when a.m_?re economical moue could be adopted¥ . Mr. HALE. .Suppose 1t Is clone, can we really on a suhject of this 

1IDportance cavil with the Senate upon the sum of 20,000 Y 

; 
1876. CONGRESSIONAL RECORD-HOUSE. 231 

Mr. HOLMAN. My friend muat see that we make ample appropriations. 

Mr. HALE. I fear not. 

Mr. HOLMAN. I yield for a moment to my friend from New York, 

[Mr. Cox.] 

Mr. COX. Inasmuch as w~ are about appropriating money for these 

committeeR, I desire to say that so far as concerns the committee appointed to investigate alleged frauds in ~ewYork,Jersey City, Brooklyn, and Phila(lolphia, this side of the Honse is not exactly responsible 

for any expenditure that may ensue. A_ resolution coutemplati• g such 

investigation came from my distinguished collea.gue [Mr. MAcDouGALL] on the o:.Oer side. I do not know whetltcr he expected it to 

pass or not. This side of the House, however, gave it considerable 

welcome; and inasmuch as his resolution implied a reproach upon the 

voters of the city I in part represent and 'the circnmjacent cities, I 

thought it nothing ruore than politic, wise, and fair that we should 

not be accused of alleged unexamined frauds whE-re we have had 

abundant victories, and thus divert attention and denunciation from 

the three Southern States where examinations a.re going on. ;By re- fusing a fair examination in northern electionR we might subject our- selves to odium from the ignorant and unthinking. 

I vent ure to say that so far as New York is concerned there was no special need of this committee or this investigation. I can say the same for .Jer ey City; I think I may say the same for Brooklyn. So ·far as I have heard no United States officer in eithe of those three 

cities has impugned the correctness and integrity of the elections 

there. But the imputation being made by ~entl men on the other 

side, we felt bound to make this examinatiOn with a. view to that 

proper emphasis which belongs to our position in other respect-s and 

in other States. 

I may su.y here, Mr. Speaker, with your permission, th!lot when Philadelphia was in erted in that resolution it was inserted at JOur own specinl instance. And if, as has been said, the resolution was directed 

at the fairness of the election to Congress of the present Speaker, he 

has welcomed any investigation from the city of Philadelphia as we do from the other cities farther north. 

Now in response to what fell from the ~entleman from Maine, [Mr. . HALE.) He is so anxious now for in vestlgation ! I wish he hacl ueen here to have assisted his friends to a wiser jmlgment on the first days 

of the ~ession. And why not nowf Cannot he, a leader on that side 

of the House, call on his friends here to our help, to aid us in Louisi- ana f Can he not help us to an am!Wer of the questions involved in 

the electoral vote of Louisiana 7 Can he not persuade, or in some way 

aid us to procure the records demanded by the congressional committee, nnd so contumaciously withheld 7 

Mr. HALE rose. Mr. COX. Why does your Governor Wells refuse to give fair, prompt, 

aml honest answer, that the Congress of the United State~t may know 

how best to solve this great trouble f 

Mr. HALE. Will the gentleman let me answer for one moment f 

Mr. COX. That they may know without concealment and without 

fraud . .Mr. HALE. Will the gentleman yield to me for a moment f 

Mr. COX. I always yield. 

Mr. HALE. I will tell you. I do not under tand that Govvnor 

Wells ha declined in any instance to furnish certified copies of every 

paper and document and iota of testimony. 

Mr. COX. That will do. [Laughter ] 

Mr. HALE. Every iota that went before his board. 

Mr. COX. That will do. I know they furnish certified copies, but 

who wonld believe their certified copies. [Laughter.] 'Veknowas we know that God Jives, that the originals are the places where fraud 

an«l forgery are to be found. 

Mr. HALE. And every item of original documents has been submitted to the committee upon the other side and the committee upon 

tkis side, from the opening of the investigation-every document. 

Mr. COX. "\Ve want the originals. 0, the pretext is that they must 

report fir ·t to the Legislature of Louisiana I 

.Mr. BLAND. We do not know what the board did when it went 

into ~cret session. 

Mr. COX. The investigation is in reference to the election of elect- ors upon which the Presidency of the United States depends. It. is 

a q nestion going all through this country, giving it anxiety and solicitude without exn.mple or precedent. Yet in this perilous time your 

model board defers to their own bogus Legislature and not to the 

American Congress. I am ashamed that that side of the House does 

not at qnce rise up and instruct their pet, Governor Wells. to respond 

to the demand of our committee. · l\lr. TOWNSEND, of New York. Being ashamed is mutual. [Laughter.] 

Mr. COX. My colleague from New York who always breaks in out 

of order [laughter] has just made a confession before this people. [Laugbtet·.] 

Mr. LUTTRELL. And confession is good for the soul. 

Mr. COX. I am glad of it. It~ good for the soul. He aclrnowler1ges that the shame is on the other side of the' House. We do not 

acknowledge any shame on this side. 

Mr. TOWNSEND, of New York. You are incapable of it. [Laughter.] 

Mr. COX. NowyoujustsitdownforoneQ)oment. [Laughter-] He 

said that the shame was mutual. I suppose he meant it was mutual 

between the gentleman from New York [Mr. TOWNSEND] and the 

gentleman from Maine, [Mr. HALE.] [Laughter.] We have no cause for shame. w~ have no shame. 

Mr. TOWNSEND, of New York. That is so. Mr. COX. And I will give you the reason for it. tis because we have no foundation upon which to build up any shame. Perhaps the 

little quip of the gentleman will lose some of its sense, and all of its 

wit and lo~ic when understood. Why, sir, should we be ashamed f 

Your boara sat in secret session . .Mr. HALE. No, sir. 

Mr. COX. To hide is a thing most shameful! 

Mr. HALE. No, sir. 

:Mr. COX. The two last days your board sat in secret sessian. 

Mr. HALE. No, sir. 

Mr. COX. Not the two la t days f 

-The SP.EAKER. The gentleman from New York is entitled to the 

floor, a.ncl the gentleman from Maine is not in order. 

Mr. HALE. The Chair must pardon me, a.a the gentleman said he 

would yielcl at any time for correction. · Mr COX. Why did you not put a democrat on the board f . Were 

you ashamed to be seen by a democrat when you were in secret ses- sion T 

Mr. HALE. Does the gentleman want an answer to that f 

Mr. COX. Yes; I want you to answer that f 

Mr. HALE. And I will not take long in answering it. The returning board as originally constituted--

1\lr. COX. 0, no; I do not want you to go l)ack so far. [Laughter.] 

Mr. HALE. I will not. I wish to answer the gentleman, as he gives me leave, and when I get throngh he will say I have stuck to the text. 

Mr. COX. Answer t)le quostion, yes or no. Did not they sit the 

last two days in secret session f 

Mr. HALE. They did not. The board examined the papers in open 

session, and then retired for deliberation as judges; there was no bnsiness session of the board in secret. Now, as to the question as to 

why they did not appoint a democrat--

Mr. COX. That will do. 

Mr. HALE. TI.Je gentleman asked me why they did not appoint a democrat. Does be decline to allow me to answer his question f 

Mr. COX. I decline to be further interrupted. 

Mr. HALE. Perhaps I will get the floor by the courtesy of the gentleman from Iudiana later to answer this qnestion. 

Mr. HOLMAN. I have not much time left. 

Mr. HALE. The House will grant the time, I am sure. The SPEAKER. The gentleman from Maine is not in order. The 

gentleman from New York declines to be interru.pted. 

Mr. COX. I will not di pute with my friend from Maine as to t11e 

fact whether or not they sat the last two days iu secret. But he just now confesses that as judges they were sitting in secret and consulting. Consulting about wb;:t,t f What were they doing f That is just 

what our committee and tbe people want to know. 

Mr. HALE. They were making up their conclusions. 

Mr. COX. 0, yes! I have here in my -hand a statement signed by 

gentlemen of probity, Governor Palmer, Ex-Senator Trnmbnll;Gover- nor Bigler, Georgell.Smitbof Wisconsin, Mr. Georgo W . .Jnlian,(whom we all know as a man of perfect. integrity,) and 1\lr. P. H. Watsou, formerly Assistant Secretary of War. All tllese men were there on t.he 

ground and they confirm my titat.ement that there were secret sessions. 

.And why do not the committee have fnll information in respect to such 

sessions T Why does not the gentleman instruct his compatriots down 

there to give us that full investigation which he now professes to so much desire f 'fhere never was a more momentons time than the present. The people require a thorough, searching investigation. Nosecrecy can be allowed. What is the object of yonr prescript, Mr. Speaker, 

calling for witnesses, calling for records f What is the object of the 

dtu·.es tecmn which you have the power to issue for the committeef 

What is the object of this investigation Y Is it simply. to skim over the snrfacef Is it to get snch copies as t.he board chooses to giveT 

No, sir. It ie to go below the surface. Our jurisdiction is below the mere shell. We want to know what is under, covered, hid. The 

question is whether a. certificate is good when we get behind the prirnafacie. 

I trust, sir, that I am not mistaken in saying that the time will come when that side of the Honse in accord with the Senate will demand 

that we shall go below all these supe:J;fioial paper certifications, and get 

at the truth as it stood in tbos"' parishes of Lou~siana and elsewhere, to 

the end that the legally expressed will of the people shall appear. 

Thus, and thus only, Mr. Speaker, can this vexed and great question 

of tbe Presidency be settled. 'fhus, and thus only, can come content 

and peace to our beloved country. 

After the discussion which has been had here to-day, I welcome with 

all sincerity and good faith the efforts of my friend from Maine to 

make this inve·stigation thorough: Let him take no step backward; 

and to him shall be the honor that belongs to an · honest gentleman 

and a devoted patriot. · 

1\Ir. Speaker, I ask to have this paper printed as a part of my re- marks. 

Mr. HALE. I ask the gentlerpan from Indiana to yield to me. Mr. HOLMAN. For how long! 

Mr. HALE. For ten minutes. 

1\Ir. HOLMAN. I can only yi<?ld the gentleman .five minutes. 
232 CONGRESSIO.NAL RECORD-HOUSE. DECEMBER 15, . 

Mr. CO~ GER. I object to the paper sent up by the gentleman from 

New York [.Mr. Cox] being printed nnless it is read. 

Mr. COX. Very well; let it be read. 

l\1r. HOLMkN. How much is left of the hour to which I am en- titled f 

The SPEAKER. · The Chair understands that this debate has been 

ru'1ning by nnanimous consent, subject, however, to the control of the 

floor by the gentleman from lndiana [Mr. HOL)IAN] to call the previous qnestion whenever be desires. 

Mr. CONGER. Then I object to the debate proceeding further un- less this side of the House has an opportunity to participate. 

The SPEAKER. The debate has been proceeding by unanimous con- sent. 

1\Ir. CONGER. I can for the regular order of business. 

The SPEAKER. The gentleman bas not. the floor for that purpose. This bill is regularly before the Honse, and the bate bas been JH'Oceeding by nnanimous consent. 

Mr. CONGER. The Chair did not ask unanimous consent to bring 

the bill bo.fore t ho Honse. He Raid the bill would be read and the 

Chair wonld then a k for objection , if any. 

Tbe SP.EAKER. Tbe~entlemanfrom.Micbigan will allow the Chair 

to remillll him that this IS a report from the Committee on Appropriatious. 'rhe gentleman from Indiana [:Mr. HOLMAN] was recognized 

by the Chair to make a report from that committee. 

Mr. CONGER. But this is not one of the regular appropriation 

bills, which the committee is authorized to report at any time. 

The SPEAKER. No one . objected to the report being made, and t.b~ bill is therefore befo:·e the Honse. 

1\lr. CONGER. The Chair said be would have the bill read, and 

then be would ask for ohjections. 

The SPEAKER. The Chair calls the attention of the gentleman 

from Michigan to this ruling in t he Digest: · . 

.Aft~r a question has been stated and its di. cussion commenced, it is too late t.o raise the question of consideration. 

.Mr. CONGER. I was misled, then, by the Chair proposing to ask 

the consent of the House. -

The SPEAKER. The Chair does not think that the gentleman was misled l.ly t.he Chair; he was misled by himself. 

Mr. CONGER. I think I know my own motives. better than the 

Chair <loes; but I was waiting for the Chall: to ask for objections. 

The SPEAKER. The Chair does not question anybody's motives. 

Mr. WILSON, of Iowa. I understand that this debate is running 

nuder the hour rule f 

The SPEAKER. Yes, sir. 

Mr. WILSON, of Iowa. And that when the gentleman from Indi- ana bas occupied the floor for one hour be cannot hold it longer f 

The SPEAKER. He can only hold it for one hour. 

Mr.liOLMAN. Jf the Chair holds that from thecommencementof 

this debate the hour began, I will be glad to know how much time has 

already been consumed. 

The SPEAKER. The Chair, as nearly as. he can ascertain, thinks 

that there is about twenty-five minutes of the hour left. 

Mr. HOLMAN. The rea<ling !lillY continue, so far as I a.m concerned. 

The SPEAKER. The Chair would suggest tha t the reatling should 

not proceed so as to cut off the gentleman from Maine, [.Mr. HALE.] 

Mr. HOLMAN. I do n~t wish to do that at all. I trust that ina-smuch as the discussion has procef'Cled by unanimous consent, and 

without objection, that from the t.ime the gentleman called for the 

rt>gular order the hour began. I think that will be a fair interpretation of the rnle. 

The SPEAKER. The Chair is reminded by the gentleman from 

Michigan, [Mr. CONGER,] and al o by the gentleman from Iowa, that 

he must determine under the rule that there is but one hour of debate 

reruaining aml the gentleman from Indiana [Mr. HOLMAN] is entitled 

to the remaining time. 

Mr. HOLM~N. I trust, then, by unanimous consent, that the debate 

wi 11 be prolonged, so that there will be half an hour in addition to th0 

mma.l hour for debate. 

Mr. WILSON, of Iowa. How much af that time will this side of the 

House get f 

Mr. HALE. Let this side of the House get half of the extension of 

time, and let the gentleman from Indiana [Mr. HOUIA.~] control the 

ot.ber half. 

The SPEAKER. The gentleman from Indiana asks that the rule 

shall not be e-nforced to cut off the debate at the eml of one hour, but tb~t the debate sha.U continue for an additional half hour. 

Mr. TOWNSEND, of New York. Can we have half of that time f 

I do not want it. for myself. 

The SPEAKER. The Chair would suggest that each side be allowed 

fifteen minutes. , 

Ur. HOLMAN. I will now a k that the reading be continued, and 

I trnst 1 bat before it is concluded tlie Honse will be able to come to a sati~<fact ory conc]nsion. 

The ClerK proceeded with the reading of the paper. 

Mr.·CON'GER. [intem1pfing.] At the request of my friends upon 

this ~ide of the House I will withdraw-the demand for the reading of 

tb paper. 

Mr . .MILLIKEN and Mr. BANNING insisted on the continuation of 

tbf' re:-ulin~. 

The Clerk again proceeded with the reading. 

MES AGE FROM THE SENATE. 

A message from the Senate, by .Mr. SYl\IPSO~, one of its clerks, an- nonncecl that the Sena.t.e had pa seu without amendment the bill (H. 

R. No. 4197) to provide for the payment. of electoral me ·entrer . 

The message further aunonnced that. the Senate bad pa ·eu a resn- lution providing for the printing of a-dditional copies of the Presi- ·dent.'s mes age with the accompanying documents in relation to the 

election in Louisiana. 

EXPENSES OF C01lMITI'EES. 

The House resumed the consideration of the bill reported by the 

Committee on Appropriations. · Mr. COX. If there is no objection upon the other siue of the Ilou.·e, I wiU k that this paper be printed so as to afford the gentleman from 

Maine [.Mr. HALE] an opportunity to peruse it. 

Mr. CONGER. I think it had better be read; it is Yery interesting 

reading. 

1\Ir. HALE. I hope my friend from Michigan will not in ist upon 

that. 

Mr. CONGER. The gentlemen opposite refuse to indicate that we should bll.ve any portiou of 1 ime allowed for thi debate, and I would 

rat her he;u this paper read than hear their speeches. 

Mr. COX. Well, let it be rt·ad. 

The Clerk. resumed reading the paper, which is as follows: 

To the people of the frnited States: 

The returning board of Louisiana. having this day promulgatt>d, as tbe result of 

the recent lection iu that, State, that the Haves and Wheeler candidates for lect- ors r('ceived a majority of the votes, we, who by invitation w&tched the proceed· ings of the board in opening and canvassing the returns till it went into cret es- sion, de(jm it our (lnty to lay b foro you antl the pnl>lic such tact conue.cted with 

the elrctiou and the retnms as will, we think, dearly 11how that the action of 1 he 

returning board in proclaiming the election of the Ra~·es cl('ctors is arbitrary, nn· fair, and without warrant of law, au(t we adopt as applicable to this canvass the 

language of a report made to the United States House of Reprel'<entath·e in 1 75, 

by GEORGE F. HOAR, W. A. WHEELER, and WILLIAM P. FRYE, in regard to the canvass of 1872, in which they say : ·• The so.called en.nYa made by the returning boarn in the interest of Kellogg seems to us to have no n .lidity , and is entitled to no respect wha.1ever." Wo al. o a(lopt the langna.ge of thisdtmereport upon the con clition of Louisiana in 1 75: ''ln the State of Louisiana ther"O is a govemor in office who owes his Aeat to the interference of tho national power. which bas recognized his title to his oltice, not l>y 

I'MROD of any ascertainment of tho facts by legal process, but has lJased its actiou 

solely on the illegal order of a. judge." 

"In the same State there il\ a Legislature, one branch of which derive itsanthol'ity 

partl.v from the same order. the other lJeing organized by lb mnjority who have l>oon 

established in power by another interference of tbe "a tiona! Government, and which 

majority derives its title, not from any lP::ral ascPrtainmt-nt of tbo f~cls, but fl-oru 

tho certificates of a returning board which has misconceived and exceeded its legal autboritv." · · Noyember 18. 1876, before the returning board commenced the canvn.'l!l of the 

electmal vote. the candidate. for electors on the rleruom·atic ticket pre.;Pnted a Jli'O· 

test against its jnrisdiction ovrr t be subject or its canvass of the Yote relating to the arne. This prote twas summarily overrule(] by the !Joard, without afforcling an opportunity for argument. No legal proposition. in our opinion, is clearer than 

that tbe l>oard was mistaken as to its 'powers, ancl that it bar! nothiug·whatever to do with the electoral vote. The Constitution of the Uniterl Statt•s declares: 

"Each State shall appoint .. in such manner as I ho e~rislatnre thereof may dirHct, a nnmlJer of electors, equal to the whole number of t:ien~to1·s anfl Rrp1• ~:~ntativrs 

to which the State may be entitled in tbe Congress,. but no Senator or R•1PI't>Hentative, or person holdinp an oflice of trust or pl'olit under the United ~Hates, shall be 

appointed an elector.' 

The Legislatnre of Louisiana ba!l either directed the manner in which the elect;. ora sha.ll be appointed or it has not. The election law of H!72 and amendments, 

under which the return in .. board is creat.ed and acts, makes no pro\'isinn a to 1 he manner of appointing elector of President and Vicc·PrCJ iUt'Dt, whether by lhe 

Legislature or by a YOte of the people, nor whether by the State at lnrge or by 

congressional districts, noT docs it contain any provi.sinns as to the qualification of 

electors, the place w.beTe they are to mP.et, nor for tillin:r vacancit>s. · ction 71 

of that act declares as follows: "That this act shall take effe 't from and afte1· its 

passage, and t.hat all others on the subject of election laws bP., anfl the sam are hereby, repealed." Tb.is is not an implied. but a direct repeal of all prior el!1ction 

laws to which it refers, and if it repeals the previous act of 1868. revised m 18i0, pro· 

Yiding for the appointment of pre idential electors, it repeals the whole of it and all 

its provisions, a-nd there i..~ no law of the State ou that subject, and of cour e the 

board would have no .jurisdiction to canvass votes caRt for such officers. If, on the 

other band, tho act of 1872 does not rllpeal the law of 1870, th"n presidential elect. ors must be appointed, and the canva..'ls of the votee therefor must be mac.lo in ac- cordance with the law of 1870, and the returning: board bas no jurisfliction o~cr the 

subject, as will be seen by reference to some of the provisions of the act of 1870, 

which are as follows : "SEC. 2~24. Every qualified v~ter in the State shall vote for electors as follows: 

Two persons shall be selected from the tato at large an!l one p~r on shall ba cbo~en 

from each congressional district in this State; and iu ca o an_vticket ball cont•1m two or more names of persons re idin:r in tho samo district. (except the two ch,ost•n 

from the State at large,) the first of such names only shall lJe considorecl as duly 

voted for. 

"SEc. 2825. N'o person shall' be con~<idered a gualifierl electorwhQ is nota. qualified voter in thedi. trictforwhich be iscboseu, or, m case of lJeiug l:'elee'ttdfor the late at larl!e, then of some pari h of tho State. . 

"SEc. 28:?6. Immediately after the receipt of a return from each parish, or on the 

fou rth Monda.y of November, if the retumR should not onuer arrive, tho govcmor, 

in presence of the secretary of ~;tate, the attorney·genernl. a clistriot jurlg of the 

district in which the seat of ~overnment ma.y bee tauli.Rhetl. or any two of them, shall examine the returns anu ascertain therefrom tho p 1 ous who ha>e l>een duly 

elected electors." · '' SRc. 2829. The electorssballmeetat the seat of govrrnmeitton the clay appointed for.their meeting by the act of t..:ong:re s. the first Wetlnesclay in Decembor, and 

shall <hen anti there proceed to execute the duties and set·vices enjoin11 rl UllOD theru by the Constitmion of the United States, in ti.Jo manuel' tbel' in pre criberl. "SEC. 2&,0 If any one or more of t be electors choseu by the peoplo hall fail fl'Om 

any cause whatever· to attend at the appointed place at the hour ,,f fonr p. ru. of the 

da.v prescribed for thei1· mootin~r it shall be the duty of tbe oti.Jer elt!Ctol'S imme- diately to l>roceed by ballot to fill such vacancy or Yacancie ." 

It is immaterial, so far n.~ affect the jurisdiction of tho returning board, whether 

the act of 18~0 relatin.::r to the a)'pointment of prr. idential elector is r peal en or not. If repealed, there. is no law in Louisiana .for the appointment of pr idential 

electors; if not repealed, ·then the canvass of the returns cast for such electors 
1876. CONGRESSIONAL RECORD-HOUSE. 233 

mnst bEl made by the governor, in the pre.~ence of the secretary of state. the attor- nr;>-l!eneml. a jmll!e of the district in wbicll the Reat of ~overnment may be es- tablisbt-tl. or any two of them, as reqnire1l by tbe act of 1870, anrl in making such 

r-an\·as!'! tlwy would he continerl to an ascPrtainment of the persons elected, aceording to 1 be rt'l.nrns. without authority to r~j~ot \Otes. In no event can the returning 

bn:u-d l1aYe .i nris1UcCon of t be returns of electors of President aml Vice-President, and their cannss of the same is therefore a nullity, and entitled to no respect from 

any one. In :mother aspect it may be important to dete1mine whether thft act of 

1 70 is repealed, for, if it is, the st,'ttntcs of the State provide no mode of fi.lling va- cancies in the elect.oral college, and it is understood that two of the electoral can- didate!! on the republican ticket helu offi<les of tmst or profit nuder the United 

States at the time of the eleclion, and rould not therefore be appointed electors, 

Other objections were made to the jurisdiction of the returning board: that it 

wal:l antirPpublican; that it was in conflict with t-he constitution of thfl State, in 

that it, nnr!ertook to"exercise jmlicial functions and in that with only four mem- bers it was not le~ally constituted. 

The election law declares: "That five rersons, to be elected by the senate from 

aJlpolitical partie., shall be the retnruing officers for all elections in tho State, a majm"ity of wnom sl1all constitute a qnorum, and ha>e power to make the returns of oll elections. In case of any >acancy hy death, resignation, or otherwise, by 

eitbor of the hoard, then the vacancy shall be filled by the residue of the board of 

returning officers." 

The prt>sent board consists of only four members, to wit: J. Madison Wells, T. 

C. AmleNlon, G. Casanave, and Louis M. Kenner, ono of whom, T. C. Anderson, wa,~ a candirfate for the State senate at. the recent election ou the republican t.icket. 

All are members of the repuhliuan party. They are the same per·sons who constituted th .. returni.Pg board in 1!-<74. and can•assed the election return!! of that year, 

and of whom a committee of the House of Representatives of the United States, 

compo. ·ed of .Messrs. II OAR, WHEE LEU, Fun:, FosTEn, Phelps, Marshall, and Pot- t er, after carefnl iuwstigation of its action, said: "We are constraine.rl to declare 

that the action of the returning board, on the whole, was arbitAry, unjust, and, in 

011r opinion. ille.zal. " 

The vacaMy in the boarrl, occasionerl by the resi1.!Ilation of Oscar Arroyo, in 

Decemuer, 1874, has never been filled, althou~b repeatert applic.··~,tions by the repre- seutatin·s of tbe llemocratic-conservative part.v of the State aml its canrlidateshave 

been made to the l•oard to fill t.be sa~1e. The fore~oing committee of the House of ll pre~;cnlati\"es, commenting on the failnre of the board to fill the vacancy in 1874, 

when it occuiTed, said: " Your committee think the lawns to tho consiitution of 

thu board was not complied with." If this view be correct the board is not so con- st.ituted as to ha>e aulhority to act at all. 

The entire clerical force appointed by the board at its present session to <'..Ompile the vot{'s c:l8t is aJso republicaou, and thli hoard refLtsed an application to :tp· point any clerk or to allow any person of the opposito party to be present to witneRs the compilation, and even exclnued the United States supervisors of election 

nnrler the act of Congress. 

The lawA of Lonisiana r·equire a registration of voters every two rears by officers 

appointed by the governor of the State; the registration to coinmenoo the last Monday of AUJ..'11St precedinl! the general election in November. The election law of 

ilie tate contains the following prov1sions for conducting the election, making re- tums, &c., to wit: ·• SEc. 26. Be itfttrther enacted, &c., That any parish, precinct, ward. city, or town in which, during the time of registration, orre,ision of registration, or on any day 

of election, there shall be any riot, tumnlt, acts of violence, intimidation and dis· 

turbauce, bribery or corrupt influences at an.v place within sail! parish, or at or near an y poll or voting-plaee, ·or place of registraliDu or revision of registration, which 

riot, tumult., acts of violence, intimidation and disturbance, uribery or corrupt influences shalt prevent, or te.m) to prevent, a fair, freo, peaoeable, and fnll vote of all 

theqnalificd electors of said parish. precinct., ward, city, or town. it shall betbedut.y 

of the commis.'~ioner of election, if such riot, tumult, acts of Yiolence, intimidation 

and disturbance, uribery or corrupt influences occur on. the day of election, or of 

tho ~uperdsorof registration of the parish, if they occur during the time of reg-istration or revision of registmtion, to make in duplicate nnd unfler oath a clear and 

full statement of all the facts relating thereto, aml of the eflect prodnoed by such 

riot., tumult, act~ of dolenoo, intimitlation and dist-urbance, briuery or corrupt in· 

fluenoes in preventing a fair, free, peaceable, and full registration or election, and 

of tb" number of qualified electors deterred by such riots tumult, acts of Yiolence, 

intimidation and ilisturba'Jce, bribery or corrupt influences, from registering or Yoting, which stateruent shall also be'coiToborated under oath b.v th:.-ee respectable 

citizens, qualified electors of the parish. When such statement i!! made by a com- mi~sioner of election or Rupervisor· of registmtion be shall forward it in duplicate to the snper\isor of registration of the parish; if in the l'ity of New Orleans, to the 

secrPtary of state. one cup_v of which, if made to the 11npervi~or of,rcgistration, shl\11 

be forwa.rded by him to the returning oilicers provided for in sectio11 2 of thi11 act when be makes tho returns of election in his parish. llis copy of saitl stat-ement shall be so annexed t{) his returns of election by paste, wax, or some adhesive sub- stanre that tl1e same can be kept together, and the other copy the supervisor of re~­

istmtion shall deliver to the clerk of the court of his parish for the use of the £listrict attornev." 

"SEc. 13. )Je it further enacted, lf:c., That it shall be the duty of the commission pre 

of election at eaeb poll or voting place to keep a list of the names oft be persons voting at snch poll or voting-place. which list shall be numbered from one to the end; and 

saitllist of voters, wftb their names and numbers as aforesaid, shall be signed and sworn to as correct by the commissioners immediately on closing of the polls, and 

before leaving the plaee, and before opening the IJox. lf no jnd-ge or justice of the 

peare;or other person authorized to administer such oath be present to ·do so, it 

may be administered by any voter. The vot~>s shall be counted by the· commissioners at each voting-place immerliately after closing the election and. without 

moving the boxes from the plaoo whero tho Yotes were received, and the connting must be done in the presence of any bYstander or citizen who may be present. Tally-lists shall be kept of the connt; aml after the connt the ballots counted shall be 

put back into the box and preserved tmtil after the next terru of the criminal or district court, as the case may be ; :mu in the parishes, except Orlean!!, the com- missioners of election, or any one of them selected for that purpose, shall carry the 

box and deliver it to the clerk of 1 he district court, who sbaU preserve the same as aboYe required; and in the pariBh ot Orl<'ans the box shall be delivered to tho clerk 

of the first district court fm· the parish-of Orleans, and be kept by him as above di- rected ." . 

"SEC. 43. Be it further enacted. lf:c., That imme(liately upon the close of the polls on the day of election, the. commissioners of the election at. each poll or Toting-place 

shall proceed to c.ount the votes, as pronded in section 13 of this act, and after tbe_y 

shall have so connteu the votes antl made alistofthe names or an tho persons voted 

for, and the office. for which they were >otedfor, aml the Il'llmber-of votes receiveu 

b,v each, the number of ballots contained in the box, and the number rejec·ted, 

an<l the rea,sons therefor, duplicates of such lists sballi.Jemafle out .. siJn.~ed, amlsworn to by the commissioners of election of each poll, and su0b du11licate lists shall be 

deli \ered, one to tLf\ supervisor of registration of the parish, and one to the clerk of 

the district court of the parish, and in the parish of Orleans to the secretary of 

state, by one or all ofRaiu commi>l!!ioners in person, withrn twent.r-four honrs after 

the closing of the polls. It shall be the duty of the snper\isors of registration, within twenty-four honrs after the rf'ceipt of all the returns for the difierent polling places, to eon olidate such r eturns. to be ccrtiiied as correct b_v the clerk of the 

ilistJ:ict court. and forwarcl the conso!itlated returns, with the originals received by him, to the returning officers provided for in section 2 of this act, the said report and 

returns t.o be inclosed in an envelope of strong paper or cloth. securely sealed. and 

forwarded by mail. He shall forward a copy of an.v statement aa to violence or di!!· 

tnrba.nce. bribery or corruption, or other·off nsP~ specified in section 26 of this act, 

if any there be. to)!ether with all memoranda and tally-lists used in making the count- ant! stat.ement of the votes." 

Section 2declares that. 11 Wit.bin ten fla_y!'4after the closing of the election, said re· turning officers shall meet in New Orleans to canva!!s and wmpile the statements of >otes made b_v the commissioners of Plection, anrl make retnrns of the election to the secretary of state. They shall continue irl session until such returns have been 

compiled. The prei!i.ding officer shaJl at such meeting open, in the presence of the 

said returning officPrs, the Atatemon ts nf the commissioners of election. ancl the saicl returnin~ officers shall, from sai1l statement!'!, can>a!!s and compile the returns of 

the electwn in duplicate; one copy of such retnrns they slmll file in the office of tho 

secretary of state, and of one copy the.vshaJI make public proclamation by printing 

in tho ofticialjolll'nal amlsucb othet· new11papers as they md_ deem proper, declaring the names of all persons and officers >oted for, tho ·number of votes for each 

person, and the names of the persons who ha,·e been tluly aml la,vfnlly elected. The returns of the elections thus mado and promnl~ated shall be prima facie evidence in all courts of,instioo ancl before all civil offiCer!!, until set aside after a con- test according to law, of the ril!bt of an_v person nametl therein to hold and exercio.;e 

the office to which be shall by sncb return be declart~d elected. The governor shall, 

within thirty rlays thereafter, issue commissions to all officers thus declared olected, 

who arerequire.t hy law to be commissioned." 11 SEc. 3. Beit.fu:rther enacted, etc., That in such canvass and compilation the return- ing officers shall observe the followmg owler: They shall compile first the state- ment;;t from all polls or voting-plaoe! at which there shall have bPen a fair, free, and 

peacellble registration and Plection. Whenever, from any poll or voting--place, 

there shall be received the statement of any !!upervisor of r~gistratiWI or com- missioner of election, in form as required by section 26 of thiM act. 'on affidavit of 

three or more citizens, of any riot., tumult, achl of violence, intimidation, armed 

disturbance, brihP-ry. or corrupt influences. which prevented. or tenrled to prevent, a fair, free, and peaceable vote of all qua.lifietl olect.ors entitled to vote at such poll or Yoting-place, such returning officers shall not canva!!s, count, or compile the statements of votes from snob poll or voting-place until tbfl Htatements from all 

other polls or voting-plac.es shall have been cauvaAsed and cmnpiled. The return- ing officers shall then proceed tn im·estigate the statements of riot, tumult, acts of 

violence, intimidation, armed disturbance, bribery, or corrupt influences at any 

such poll or votinJ!·place; and if from lhe evidence of such statflrueut they shall be 

convinced that such riot, tumult-, act.s of violence, intimidation, armed di~turbance, 

bribery, or corrupt influences did not ma.teriall.v interfere with the purity and freedom of the election at s11ch poll or voting-plaoe, or ditl not prevent a sufficient nnm- bPr of qualified voters tbertJat from registel'iug or vot.in~ to materiall.v change the 

result of the election, then. and not otberwi!!t\ saiu ret om in ~ officers shall canvass aml comptle the vote of such poll or voting-place with those previonsly canvas ed 

and compHeu; but if said returning officers shall not IJe fully satisfied thereof, it 

shall be their duty to examine furtlter testimony in regard thereto, and to this end 

they klmll have power to send for persons and paJlers. If, after such examination , the said returning officers shall be con,inced that sa.id riot., tumult, acts of violence, intimidation. armed disturbance, br·ibery, or corrupt influences llhl materially 

interfere with the purity and freedom of the election at such poll or voting-place, or did prevent a sufficient number of the qualified electors thereat from registering 

and voting to materially change the result of the election, then the said ret.urning 

officers shall not canvasR or compile the statement of the votes of such poll or vot- ing-plaee, but Rhall exclude it from their return!_i: Provided, That any person inter. 

ested in said eltJction by reason of being a camlirlate for office shall be allowed a hearin~ before said returning officers upon making application within the time allowed for the forwarding of the returns of said election." Unrl~>r section 2 of the foregoing provisions, it will be seen that the duty oftbe 

board of return in~ offic~>rs is similar to that of State cam'assing boards in most of 

the other States of the Union-simply "to eanvass·and compile the statements of 

the commissioners of election," and proclaim the re!!ult; and this is the whole duty 

of the. returning board, unless the commL'IBiOneNl of election, or the supervisor of some parish, impose upon it a fnrther duty, as provided in sectionfi 26 and 43. In 

commenting upon the powers of the returning board, we a¥ailourselves of the able araument of Judge Spofford made before it. 

No one has t.be right to attack the retnrns from any poll., ward, or parish in the 

State on account. of undue iuflnp.noe, intimid:Hion, or other acts of \'ioleuce, unless 

the foundation therefor be first laid by the statement of the commissioners of elec- t ion at the particular poll, if the acts occurred on election-day, or of the supPrvisor 

of regi>~tratron of the parish, if they occurrerl during registration, as provided in 

sections 26 and 43. The board bas no legal au tbority to receive or {;i ve efiect to state- ments of outSide parties till the proper commis!!loners of election a.ud supervisor have spoken. • • Nor bas the board been invesfed with the power to institute COJVplaints against 

any poll ex o.tfkw or of its own motion. It cannot blot out .or fail to count a sohtl\ry vote returned unless a le~al foundation has b~>en laid for inquiry by the snperm.sor of the parish where the vote wa.a cast, or by one of the rornmissioners of election report- ing throttghsuch supervi.~or; and evPn they (the supervisor and commissioners) ean only lay a foundation for inquiry in t.he uoarcl by ruakinK and forwarding in the pre 

scribed -manner their official "sta~ments" contemporaneously with their returns, 

and in the>ery form set forth by section 2fiof the act iu question. Ch:lllenging the votes of whole cities and parishes by unofficial persons, even though they are can- didates, is a startling and lawless innovation. . No outside prote.'lt can be f"nk'l'tained. because even a supervisor's 11 statement" can reoeive no consideration by the boarrl, but must be wholly diart>gardod, unlt>ss 

made at a time and in & rorumer which no outside party could possibly comply with. 

His" statement," or that of his subordinate commissioner, must form an integral 

part of his return and official rer•ort; it cannot be made up at a rlifferent time and. 

place fl'Om the return to which the law reqnires it to be attached" b.v paste, wax., or some other a.dhesiYe snbstanoe," anrl a duplicate thereto mn!'it be lorlgerl hy him 

with the clerk of the court of his parish. It must be marie nnder oath. It mnst be •· a clear and full statement of all the facts and of the effect produced thereby." 

Such a statement, so annexed and sent by mail, is the only kind of statement the board can notice at all so as to institute an ini'Jniry into intimidation, &u. The in- tent of the law is plain and indisputable, t bat all the supervisors should be engaged 

siiilUltaneously in thdr seYeral parishes in completing their returns and statements on the spot where tbe election was held, without commnnication with each othe~ 

or with persons be.rond the parish, and before they can obtain information of what 

bas been done in other pal'ishes or of the general re!!ult. 

And the reason for these minute, mandatory, and imperative pmvi~ions is equally 

obvious. It was precisely to shut out from cousiuel'ation by the returning hoar(l 

all such ex post facto complaints a.s ·have been trumped up and illegally thrust iu 

here at the last moment b.r Mr. Kellogg. Mr. Packard, Mr. Brewster, anfl evt-n by some of the supervisors themseh·es. The law has not been complied with. Most 

of the snpervisors who ba\e put in complaints have not written ti.Jem at the proper 

time and in the proper parish; they have not annexe<l them to their returns, sealed 

and sent them by mail. They ba1·e b1·ought down their returns to this city With no statement so ann<'xet:l, l.mt ha1·e patc.hcd up statements here a tan improper time 

amlin :lll improper place. They conhl 011ly fulfill duties according to la10 by finishing thuir returns, attached statements and alL and mailing them. sealetl up in one envelope. at one of thf'ir parish post-offices, within the tim·e requir·ed b.1·Ia.w. 

It is appallin)! to think that statements thus made contrar.v to law, after the re- sult of the el~tion through the Sta~ was known with approximattl accuracy, made 
CONGRESSIONAL RECORD-HOUSE. DECEl\IBER 15, 

ns nn after-tbonght by disappointed candidates and their friends, with an evident ,,iow to cast a. <lra~-net of suspicion oYer parishes enough to re..-erse the crnplJal ic '\'OJ diet of the people. made, too, at so late a day. and so great a di tance from many 

of th pansnes struck at, that it is impossible to have any fair investigation, sbould rec 'i ve eomncleration. 

Commenting upon the foregoing provision of the. Loni~iana statute, Messrs. 

GIWIWH F. HoAu, W. A. WBE.EI.KR, and W. P. FRYE, m then· report, made February :!:J, 1875. said : · .• Upon this slatute we are all clearly of opinion that the returnin~ boanl has no ril!;ht to do ;mylhing t-xcept to canvass and compile tho returns which were lawfully 

macl to them L>.v local otlicers, except in cases where they were accompanied b~· the certificate~ ofthe supervisor or commissioner provide1l in tho third srction. In such ca. u the last st'ntence of that ection dhows that. it was expected that they woulc.l 

ordinarily exerci o the ~rave and delicate duty of inve tka.tin~ char.!!"S of riot, tu- mult, l>ri"berv, or corn1ption, on a hearing of t-ho parties Jnterest.e<l in the office. • It 

ne\'l:'r conl!l'ba•e been meant that this board. of 1ts own motion. sitting in New Orleans. at a clistance from the place of \'Oting, and without notice, could decide the 

rignt of poraobs claiming t.o \Je elected." • * * • 

"Thuro is no more dangerous fc-rm of self-delusion than that wlJich induoos men Jn 

hil!h rlncr:t of puulic trust to violate law, to redress or preveJJt what thuy deem public Wl'OU~8." 

Thcst'l references to tbe report of the congressional committee upon the action of tbi~'> same ret urnlng hoard in 18";"4, and its construction of 1 he statutt>, are ma<le that 

11Hl pui,lic rna~· know how this board and ils mlin:;s were tcganled hy prominent ~ ntlernen. on(~ of them a. candidate for Vice· President at the recent election, at a. time when its decision did not affect a presidcntal election. 

We rc;!ard it as indisputable that the retuming board bas no jnrisdiction to Jn. 

qniru iulo arid reject the returns from an.v votin~·place in the State on acoonnt of 

intimida.lion, acts of violence, or other cans~ mentioned in 1he Ata.tnte, tUJless the 

fou nda tiou for Ruch inquiry and rejection is laid at the time and in the manner pro- vi tie<! by the statute. , In no' case did the supervisor of re¢stration deliver to tbfl clerk of the conrt of 

his pari. b. as n ·quired b.v section 26, a duplicate statement, made and sworn to l>y 

tile commis:.ioners of election and corrouornted by tbrt>e citizens, of any riot. tu- mult, actsofvinlenoo, intimidation. and dh;turbance bt·ibery,orcorruptinfl, rucl'.s, 

and of tbe facts relating thereto. occurrin~ on the day of election, nor any like statement of his own that any such acts occmred (\nring I he time of re~~ ra.· 

tiou or· the re\•ision of registmtiou. When the return~:~ were opened by tbere-

£.Ul1Jing board such statements were found among the papers in a. few instancws. but not in rt'l:-ction to the parishrs of either Onacbita., Morehouse. East ll::tton Rouge, 

East or West Feliciana. and such were thl• manifest efforts on the part of tho oftlr.ers 

of election to conceal their acts aml confuse and misleacl persons interestt~d Jn a. proper· investi~ation of the facts relating to the election that it was impO!Illible to dotennine whether any such statements ba..l been made lJy the commissioners of 

election or the supervisor of registrat:on and attached to the returm1 of the super· 

visor in any parish in the Stat-e at the time anu in the manner required by sections 26 and 43. · 

'1 his fact leaves the returning hoard withontjurisdictlon to inquire into acta of violence, &c., at the election or during:registra.tion. and with no other duty to perform 

ex4·ept .to cam·ass aud compile the votes retnfned, as· the returnln_g officers of any 

other State would do ·; and as the returns opened by them show a. majority for the 

Tii<len electors, it ought to be an entl of all controversy on the subject. But M the 

boar4l, in the face of these facts, has come to the extraordinary conclu ion to declare that the Hayes electors have a majority, it is proper to look further into its 

action. 

Tho fimt meeting of the board attended lJy us was l1eld November 20, at which an applir:J.tion in uehalf of the canuidates on the tlomocmtic-conservativo ticket 

tbat all tbo rrocecdings of tho board should be public, and tbat intereRtcd candi· 

dat s siloul< huvo leave to be pre. ent., by themselnls or counsel, at the opPning of 

tho J'ctmns, with tbe right to ins11ect the same, wag rt'fllsed, and certain rules were adoptefl, ag-ainst se,·eral of which protests wore filed, and particularly against rule 

9, which <ll'clared that: "!J No ex pm·te. affidavit OI.' statements shall be received in evidence oxcopt as aim. is to show tbat.such fraud. intimidation, or other illegal practic-e ha1l at some poll requires inYcstigation; hut the returns and affidavits authorized by law, ma.de b~· officers of election or in verification of statements as required by law, shall be 

recei,·ed in eYidence 3d prima facie." 

UDilP.r this rule-several hundred ez parte attirla.vits were prepared and sworn to in New Orleans charging intimidation and other illegal acts in distant parishes, wt·re then put into tbe envelopes inclosing the supervisor's eonsolidatt'd returns, 

which nacl heen brought to the city of New Orleans and kept open for tho pnrpo:e. 

This was done t{) support statements of intimidatiO!l or otbtw illegal acts interpnla.le(] by supervisors; long after their consolidated returns had been made out ancl swum i.o a~ correct and been fileu with tho proper district clor·k without any protPsts or alle~ation of intimidation or other acts of violence. 

The proceedingR of the board Jn executive ses ion, to which we were admitted, 

eonsiRte.(l in opening the returns from each Jlarisb and examining tho \'ote.~ for 

presidential electol'l!. If no protest or objection appeared among tho papers and 

there was no outside protest from any one, the returns were sent to a private room to be tabulated bv the clerks. all of whom were repulllicans, who kept their action secret.. If any protest wa.~ found among the papers or from outside partie. , t.ho returns were laid aside, to lle afterward con:<idered by the board in secr·et. In the 

fp.w cases in which there were charges of fraud, intimi<lation, or other ille~al acts, 

the candidates or tbetr attorno.vs wore permitted to take· copies of the charges, and 

testimony taken on written interrogatol'ies was sullmitted in regard to such par· 

ishes. 

December 2, after all the returns bad been opene.d, the board went into secret ses- sion, and we were not permitted to see tbe compilation of returns already made, nor to know what rules the board adopted in passing upon contested cases, nor the 

proce ses by which it arrived at results. 

Wo ha,·e been furnished a triplicate, ora certified copy of the duplicate state- ment of the commissioners of election at each voting-place in the State. from which 

bas l>cen compiled a consolidated statement of the entire vote of the State for pres· 

idential electors. :From this Atatement, which we believe to be accurate, the majority for the high- •est l'iltlen elector over the lowest Baye!'l elector is t!,~l57, and the majority for the 

lowest Tilden elector over the bighe t Hayes elector is 6,300. The retm·ns in our pos~ession correspond pr·ecisely in most cases with those 

opened bv the returning boarcl. The difference in the aggregate arises mainly from 

th fact ibat the board uid not ha~e all the returns beforH it. Thesnper·visors, all 

of whom were republicans, many of them employes in the custom-house in New 

Ol'lcans. some non-residents of the State, and one of them underimlictment for mur- clPr, withheld the statements of the commissioners of election in some instances wbt~re democratic majorities were given. amounting in the a;~;wegate to about 1.500 vote,q, The returning board refused to recehe certified copies of the dupli· 

catcH of t hrse missing rt>tums filed in the omces of lhe secretary of stat-e and the 

cle1·ks of tbe di~trictcourts, or· to tak:e any eftl>cth·e mea ·ures to vrocme the originals. The r·eturniq?: board, in proclaiming the result of the vote for electol'l!. makes no statPment of the Yotes cast in the several parishes, but simply announces tho a~­

gre;.rate \'Ote for each elector in the State, giving the Hayes electors majorities 

varying from 4,626to 4,712. 

To accomplish which they disfrancbisoll 13 3:i0 democratic ancl 2,042 republican voters. This annonD<~e ment is made in tho fnce of tho fact that th·o stater111mts mad1~ by U1e cornmiSl ionrrs of election Rhowetl a majority ran!!lng from 6.100 to 8 957 for the 'l'ihlen electors. No attem]lt is made to d \'C a reason for this arbitrary 

action of the lloa1·d, nor is there nnv statem('nt to show what votes were conn ted 

and what rejected. As well mi;.rbt the officers <:auvassing thu returns of tbe election for presidential electors in Ohio or Massachn!>eUs dcchtre tho Til< len electors 

in t.hose States rlecte<l, in the face of tbe fact that the returns showed a majol'ity 

for tho Haye.~ electors. Wo ha•esbown that it-is questionable whether the Legislature of Louisiana bas matle provision fo1· the appointment of elect()rs at all ; that, 

if it bas made such provision. it has not vested the rotumin'.! boar< I with authority· to canvass the rettn·n11 of the votes cast for surb officel'l!; and that if it wm·e pos:,i 

ble to construe the statute as conferring such authority on the retul'llin~ l>Oartl, 

then tho same statute limit the authority of tho I>Oard to the C<tnvass anti compilation of •· the statements of vot.es tna<le -:V the commissiunor·~ of election, ·• w1tl10nt 

authority to r~ject an.v on account of intimidation or other act ~ of ,•ioiP.nC•l, uuluss 

the foun<la.tion therefor bo first laid as pmdde·l in tlte statntu; and tho evirleuce 

does not tlisclo. e that such fotmdation was lai<l in any instance. Thero is, how· ever, evidence of attempts snrreptitinnsly to lay Rnch fonrulation afttlr the consoli· 

date<l returns weJ"O complrtecl. and that the Rnpervisoni of t•leution in many in- stances unlawfully withheld their retm'llll for that. pm'J)ose, an4l inter11olatecl among 

them ex parte affidavits, taken in secrv.t in New Or·leans, hefnre a United Statos 

commissioner. which the hoard bas no juds<liction to conRi<ler. 

The evidence taken on l>otb sidell, so far ru it ha~ heeuaccessihle to us, tlisclo~es 

a state of lawlessne s in certain parishe11, not in tbe Stat~ generally, auout tbe canse of which parties are not agreed. Thetlemoorat.s attribute it to the inctlicicncy ami 

imbecility of the State go•ernment, which they allege to he a nsnrpal ibn, rc,.,ting 

wholly for support on the Fedel'al Army, without the confidence or re11pect of the 

people, anrl without the disposition to prevent or puni:,sh crimo which tbt•y can per- vert to political uses. Such a stato of things, aa might he expecte<l, has leu to uisorder. and, in so~ in tances, to the ruo t shoe kin!{ barbarities 

The repnblirans. on tbe other band, attribute the lawlcs. ness to the hostility of 

the white against tbc colored race. and as largely due to po ities. · 'Ibo murders and outrages which have been brought to our notice are freqnt>ntly 

committed by persons of the samo race upon each other, anu in a large ma.jorily of ca«es han~ no politicalai~ificance. · Many such cases were brought to the notice of tbe boa.rd by ex parte aflicladts, 

without rej!ard to the time o( their occurrence. and when they ditl not ha\'O t.he Rligbtt~st C"Onnectio'n with the reeent election. Stmugely enough, it i8 as11tunnu lly 

the republicans, who have barl complete control of the !'tate go\·er·nment for yeani, 

that if they coulu Rhow that lawlessnes11 prevailed io certain localities, anti crime 

"'ent unpunished. t.bat tlwse fact:! furnished a re.'l.<~on why they should he continuml 

in power, notwithstandin.!! tile lar:!e ma,jority of ballots cast ag:ainst them. 

Another asstlmption of the republicans is that all the colot'Cil men in the Stat.e arc necessarily rermhlicans. Tllis is by no means h·ne. We wore \'illitecl by a lnr~e 

number of colored per ons from different part.~ of tho State, indurlin ~ the alle~o<l 

1listm·bed districts, who marie speeches and took au active part in tbe camTas;~ in 

favor of tho democratic ticket, a.nll who gave, among other· roa~:~ons lot·. o dniu~, 

that they had been deceived by republican officiaLs, who hall fWOve•l dishont·st 

and corrnpt. had robbed them of thPir scl.JOol-money, an<l um·dene<l them with un- neccssar.v taxes, and that they believed it for the interest. of tho colored raco to unite their fortunes with the whites, whose interests, like their own, we1·e idenli· 

fled with the State. 

It is cert-ain that thousands of colored persons voluntarily and aotivel.v supported the democratic tickl't. 'fhe (\ntire vote of the Stato at tl1o recent oloction JS about 

fifteen thonsand greater than ever bcfor·e; and even in the parishes whero intimidation is cbarg;ed it exceeds. iu tho aggre~ato, any previous •nte. Tho con:!rl'S· 

sional committee, which, it is understood, will soon v1sit tho State, armetl with au- thor·ity to send fo1· personsantlpa.pers, and inquire into all thn facts conuectu<l with 

tbereci'Dt election and the action of the returnin~ board, will ba\'c ~reatcr bcililies for arri•ing at the truth than we po~<se.<;s: but wilh th law antlsttch fact>~ hefore us as havo been di close:! by tho action of t.bo returning: lloard. we<lo not. bA~itate to declare that its proceerlinl.!s a~ wit no. set.l b.v us were partial aucl uufaiT·. arrd 

that tho result it has anuounc.ell is arbitrary, iUegal, anrl entitled to no respect whatever. 

Fifteen years ,.:~o. when Fort Sumter. was fired npou b.v men who sought a rli:i· ruption of tbo Union, a million patriot11, without regard to party nOilia.tions,. praug to its tlefflnse. W1ll tbo same patriotic citizPns now 11it i4lly u.r au•l •·o repr·l'~;cnt· 

ative government overU1rown by usnrp<ttion aucl fraud I Shall the will nf fmt.v 

millions of people, constitutionally <'xpresse~l, he thwa.rterl by the cnrmpt., arbi· 

trary, and illegal action of au illegal!) con~titnted ret.nmin~ hoard in Louishma, 

whoso wron.!!:ful action heretofore. in all respects siruil..'tr to its pt·eAl'nt action, has 

been co,Jdemnoll by all partics1 . It is au admitted fact that Mr. Til<lPn receh'ed a majority of a quarter of a million of the votes at the recent election. This majority 

is ready and willing to submit to the rule of the minority when constitntioually 

entitled to demand such submission, but i~ it willing that by an aru1trary and 

false declaration of votes in Louisiana tho minority shall tt tu-p power l Thc~e 

are tlark days for the American people whC\n Ruch questions aro forcellnpon llleir 

consideration. If it were true, assomo Jnsist, that neither tho whito nor·tbu colored voters ha.Ye in all instanc-es beeu afforded an opportunit .. v to l!ive free oxpr~ssion to their wisbM at the ballot-box. shall we, by sustaining a fraudnlent anti illc;J;al clnc· la.ration of the votes cast. stifle the voice of the million.., of voters who have fl'eely 

exv.ressed their choice, and thus seek to correct a great wrong lly comrnitti.JJ!{ a.n- ot.h~r irnrnea:surabl.v greater wrong 1 • 

Can we sanction such action of the Louisiana returning board, ancl thereby fnnn a precedent under the authority of which a party once in powor may form·er perpetuate its rule. and so end constitutional li l>erty T Shall such he the fate of this 

Republic at the beginning of the secoml century of its existence, is tho mom onto us question now presented for the deteru.ination of the American peotfle. • JOHN M. PaLMER. 

NEW 0RLEAXS, December 6, 1876. 

LYMAN TRUMBULL. 

WILLIAM BIGLER. 

GEORGE B. HlliTlL 

GEORGE W. JULIAN. 

P, H. WATSON. 

Mr. HALE, (interrupting.) I rise to a point of order. I submit 

that the bonr has expired. 

The SPEAKER. The first hour has expired and the Chatr now rec- ognizes that the paper is being read in the first fifteen minntes, which are under the control of the gentleman from Indiana, [Mr. HOL:'I1A ·,] 

and the balance of the thirty minutes will then be under the control 

of the gentleman from Maine, [Mr. HALE.] 

Mr. HOLMAN. I will ask unanimous consent that the reading of 

the balance of the paper be <lbpenscu with. 

No objPction was made, and it W<OS so ordered. 

Mr. HOLM.Al~. I understand that tllere is now a half-llonr allowed 

for debate. 

. 
• 

1876. CONGRESSIONAL. RECORD-·HOUSE. 235 

Mr. O'BRIEN. I rlo not imderstand that there was any agreement 

that the time for debate should be extendecl for half an hour. 

The SPEAKER. The Chair understood that the time was extenued 

thirty minutes, one-half of it to be under the control of each side of 

the Honse. · Mr. O'BRIEN. I clid not understand that any such agreement was maue. It is not that I object to the extension of time, but I want a 

longer period. 

Mr. HOOKER. The objection certainly comes too late. 

The SPEAKER. It is too late to mlj!>_ke objection now. The Chair 

will reeognize the gentleman from Maine [1\h'. HALE] as now entitled 

· to the floor for fifteen minutes. 

Mr. HOLMAN. I understand that there is now half an hour for 

debate. · 

The SPEAKER. There is half an hour for debate, and the first. fifteen minutes will be under the control of the gentleman from Maine, 

[Mr. HALE.] 

1\li'. HALE. Mr. Speaker, I do not propose to occupy the whole of 

the very limited time now allowed to me. lf I had the full fifteen rui~ntes, or rnuch more, I could not go int.o the merits of this great 

qnest ion. One or two things I wish to t:tay in answer to questions put 

to me by the gentleman from New York, [Mr. Cox.] There are one or two special matters in the knowledge of othet republican members in 

relation to this question, to whom I shall yield a por!ion of the time. 

First. I wish to say that if the ~entlemen on the other side of the 

Honse are really anxious for a fair mvestigation into the condition of 

the Southern StaLes, Louisiana included, here is an excellent opportunity to prove it by granting to the Senate the amount of appropriation that that hotly ha~ iu its discretion asked to conduct its investigation. lleaYe that for what it is wortb, for l?entlemen on .the 

other side must decide how they will settle this question, their 

majority here being very large. 

One thing more. I congratulate the other side of the Honse on their new-born zeal for open investigation. The country witnessed 

last winter committee after committee sitt.ing in this Capitol under a system ofespionageandexamining ex parte testimony secretly. Now 

the gentleman from New York, voicing, as he claims, the sentiment 

of gentlemen upon the other side, demands that everything relating 

to this investigation shall he open and aboveboard. That is the 

position we have always held. In relation to this matter of the a.ction 

of the retnrning board of Louisiana, it is a marvel to me that any 

member on this :floor should dare to say that the sessions of the re- turning board of Louisiana were anything but open and free, -when 

the very beginning of that remarkable document which ha.s been partially read here, emanating,from the democratic gentlemen who were sent to J..Jouisiana by the democratic national commit-tee, shows that 

they were present and witnessed the canvass, an(! I a,ssert t.hat thP.re 

was never an hour of session after the board met that the committees on eacl1 side were not present. 

There never was a time when a cont,es~d parish was reached that 

the w bole counsel of democrata sel~cted by the party were not in vi ted 

to be present to scrutinize, and examine, and make full copies. I 

know of what I speak because I was there myself observing from day 

to day. It was open and free as daylight, and could afford to he, as 

there was at the bottom, as was shown, a strong and unanswerable case. 

Now I do not know what will be the result of this investigation, so far as the report of gentlemen on the other sirle of the House shall 

go to show it. But with all my desire for a full examination into the 

situation in Louisiana, with my knowledge of democratic methods of 

examination, I predict that when the committee returns and thereport of the majorit.y of that side of the House is seen it will be found 

to follow the track indicated by the report of the democratic observers, which has been partly read here, and in which nineteen-twentieths of the space is taken up by technical quibbles ann declarations that there was no election in Louisiana, that some.hody else 

shonld have counted the vote, that papers did not get rightly dated 

and were not opened on the right day, cont!ideratiou of red tape and 

sealing-wax, and the opening of returns, \vhile but a finger's lengt.h 

is given to the great underlying question in Louisiana, by which a whole people have been defrauded of their rights in parts of the State. 

The ~entleman from New York [Mr. Cox] asks one olher question: 

Why d1d not this board appoint a democrat f This bocU'd when first;. 

coming into the exercise of its duties in 18i3 was made up under the 

statute of Louisiana, which declared that all parties sboulu be representeu upon the board. There was upon it one gentleman representing the liberal party, one gentleman representing the conservative 

pp.rty, and three representing the republican party. Those were the 

titles of all the parties in Louisiana at. the time. 

When the next occasion for the exercise of their duties came around 

it was found that the two gentlemen who were appointed as not bP--

ing republicans had come back with the republicans. They were Governor Wells and Mr. Anderson, who represent, I am glad to say, 

a most respectable element in Louisiana, who have of late acted 

with and added strengt.h to the republican party. Then one of the 

gentlemen originally elected as a republican resigned his place in 

order that a democrat might be appointed. The pla.ce was offered to 

an eminent gentleman of the bar, a democrat, Hun. John M. Sandige, 

who declined it.. .Another, Ur. Ernest Arroyo, was elected and he 

resigned in the midst of the work of the board. When next the 

• 

t.ime came around, this year, for the board to exercise its powers and 

duties the place was ofi'ered to half a cloz.eu different democrats, all 

of whom •leclined. The board naturally felt that it had not been 

met in a fair spirit in its efforts to ~11 the vacancy. 

Mr. COX. Will the gentleman give the names of those gentlemen 

who declined. 

Mr. HALE. I have given one or more names. 

Mr. COX. Give the names of those who last declined. 

Mr. HALE. I cannot give the names. Mr. COX. I thought so. Mr. HALE. I have the information directly from the board. 

Mr. GIBSON: The gentleman is entirely mistaken; not a democrat was offered the place. · .Mr. ELLIS. Will the gentleman allow me-- Mr. HALE. I have ·not the time. 

Mr. ELLIS. I will move that t~e time of the gentleman be ex- tended. 

Mr. HALE. I must yield a. portion of my time to other gentlemen 

and cannot be further interrupte<l. So the boaru proceeded with four 

meml1ers, the same number being requi1ecl for a quorum and to ar- rive at a· result as would have been required had the board. been full. 

The democratic party 8elected a single member and sought to force 

him upon the board, which was uivided as to selecting him and went on with its duties. But as I said the same number was required for a quorum and to determine the result as if another member had been 

appointed. 

l must not attempt a review of the general condition of things in 

Lonisiana. All I can say is to repeat what I have before affirmed, 

that any fair investigation cannot fail to bring out t.he bottom facts. 

We have listened to column after colnmn of reports from the committee representing the other side: But the main question is avoided 

and dodged and iOUght to be sunk under technicalities and under 

quibbles. 

I tell these gentlemen that investigation there will disclose such a 

condition of things that even the gentleman from New York, [Mr. 

Cox,] ·who, as be says, has not yet felt shame in his life, will blush 

blood-red wiLb shame at the atrucities of certain men in his party in 

that State. I tell them that in many single parishes there have been 

acts of bloodshed and of murder, and for political opinion's sake, one- tenth part of which at any time within the last hundred years would 

have revolutionized the politics of the British Empire. Yet· we are here treated to technicalities and told that there was no election in 

Louisiana. It is true that we foun·d the truth out, and I trust that 

gentlemen on the other sid.e will not balk at this paltry $20,000, but 

will allow this investigation to be made t.horougbgoing and satisfactory to the American people. 

I now yield to the gentleman from Massachusetts [Mr. HOAR] for a few minutes. · 

Mr. HOAR. I do not propose of course to engage in any discussion 

of this general question. I shoulu not have risen at all but for the 

allusion iu the document just read to a report signed .by myself, the 

honorable gentleman from New York, [Mr. WHEELER,] 'and the honorable ~entleman from Maine [Mr. FRYE] who sits near me. 

It is difficult to believe that the gentlemen whose names are signed 

to that paper, some of whom I have known ancl respected, could have 

known its contents, or, if they knew its contents, could have known 

the content.s of the document which they undertake to cite. 

That paper grossly perverts and misstates to the American people 

the document which it assumes to quote. It picks out one or two 

sentences, mixing them up with sentences from another document 

coming from another quarter; and thus it is made to appear that t.hat 

commit tee said something or came to some conclusion in derogation of 

the honesty or hont1r of the returning board of the State of Louisiana. 

Nothing can be found in t.hat report imputing any fault to that board, 

except this: We declare that the returning board, following the precedents set them by their democratic predecessors in the same office in 1A7~, erred in one particular in a construction of their legal powers, 

which construction was clearly necessary to remedy a defect in the Jaw. 

We held that where the people of a particular parish had been set upon 

by armed bands, prevented -from making a canvass, prevented from 

having discussion, prevented from going to the polls and casting their 

votes, still, unless a particular officer certified to those facts, althongh 

be might have been intimidated himself or might have been a part of 

the conspiracy, there was no law in the State of Louisiana to remove that difficulty. 

Mr. ELLIS. No government, the gentleman means. 

1\ir. HOAR. No law in the State of Louisiana to remove that diffi.: 

culty. There should have been such a law. Does anybody deny it. f 

Is it an imputation of dishonor upon the gentlemen of the return in~ 

board that, following the democratic precedent, they gave such a construction to the Jaw in that particular as removed that clear defect! 

Now as to the question in regard to the absence of government, we 

did not say that Governor Kello~g was not lawfully elected governor 

of that State. On the contrary, we declareu that we believed be was so elected; and this Honse RO recognized him on our recommendation. 

'Ve said that t.he democratic party in 1872, conspiring with Governor 

Warmoth, had destroyed the legal evidence of Goveruor Kellogg's 

elect.ion, and that tht;!refore we were obliged to resort to the 1~ss satisfactory methods which we had followed for ascertaining the real will 
CONGRESSIONA·L RECORD-HOUSE. D ECEl\lBER 15, 

of tl.mt people. It is true that we pointecl out to the American people 

tho gmvedanger that now exists. We said that it was a serions thing 

tlmt the true avidence of the election of a State government should 

be uestroyed, as it had been by the democrats of Lonisiana, thuR 

ll·:wing us to ~rupe in the dark in order to arrive at the true will of 

the people. We said, further, that the democratic party of the North, 

if they would but cause it to be underst,ood tillat they wonltl have no political affiliation with men who wonM commit murder for political 

purpo es, could end tuis whole tronble in a month. 

Now t.he question to-d::ty is, what is the true will of the majority of 

the legal voters of the State of Louisiana f It is not a question of 

paper, of parchment, or of statute. ls it true, gentlemen on the other 

side of the House, that there are counties antl parishes in the United 

States where men cannot cast their votes because they are wsailed 

with murder ancl assassination 7 Let us know that. If it be not trne, WA shall all rejoice; and if thea certainment that it is not true resultg 

in the election of a democratic P1·esitlent, we shall all rejoice that the 

stigma io removed. 

i: Here the bam mer fell.] 

Mr. HOLMAN. I yield five minutes to the gentleman frop:t Louisiana, (Mr. SPENCER.) 

Mr. SPENCER. Mr. Speaker, as a representatiYe of the people of 

L(lnisiana npon this floor, I cannot consent to sit in silence and allow 

to pass without challenge the charges which have been macle upon 

this floor this morning by gentlemen on the opposite side. Sir, I unite 

with tho e gentlemen and with every man upon this floor who de ires an investigation. The people of Louisiana want an investigation of 

the election which was held there last November. That investigation cannot be too tborongh, it cannot be too complete for us. Aml 

I now vent.me the predict;ion t.hat when this inve::;tigation is made, 

wl.J1 ·n the bottom facts are found, it will be shown, as the mass of this 

nation already believe, that that State was carried fairly and freely 

by tl.Je democratic pa.rty. · l\lr. Speaker, tho old hue and cry of intimidation is raised again. 

The arne thing was (lone in 1874. The same cry of mnrcler, rapine, 

and violence wenb up after the election of 1874 that •roes np now: and 

this House, then republican, sent its committee to the Stat~ of Louisiana 

to investigate H, with th~ honorable gentleman from MassacbnsettR 

[Mr. HoAn] as its chairman and the gentleman from Ohi.o [Mr. FosTim) as chairman of the subcommittee. w·hat tlirl that committee re- port f They came back here anrl reported to this Honse that they had inve.~tigated the question d intimidation; that the republican party 

who had control bad failed to show that there wa anv intimidation 

of the blacks by the whites, but that it had appeared that. intimidation had been practiced by the colored republicans upon the colored 

democrats. I say now-and I am perfectly willing to rest upon the 

proof which will be taken by this commi.ttee-that the same state of 

facts will be disclosed again. Wh~ ' Mr. Speaker, we are not afraid of investigation. We court 

it. The whole machinery of the election law was in the hands of onr adver aries. In the so-called bu11-dozt:d parishes-East Feliciana, 

Eat Baton Rouge, 'Vestl!'elician:~,, Ouachita, and Morohouse- United 

States troops were stationed at almost every poll on the day of the election; and how do yon account for the fact that these are the very 

1•arishes where the colored men voted most solicHy the <lemocratic 

ticket f Take the parish of East Feliciana; take the parish of Onacbita. There the colored men were under t.l.Jo protect.ion of t.he 

United States Army on the day of the election, and it only a<lded to 

the solidity with which they voted t.he democ.ratic ticket. Sir, coming 

from the parish of Concoruia, one of the largest and most densely 

populated colored parishes in the State, I do not hesitate to say that, 

if we could have had five hundred United States soldiers stationed at 

the polls on the occasion of that election, it would haYe made a difference of 1,000 votes in favor of Mr. Tilden and General Nicholls. 

Why, sir, hundreds of colored men in that parish-because I was born among them and they have known me from my infancy-hundreds of colored men in that parish came to me and told rue they desired to vote the democratic ticket, but they did not dare to do it for 

their lhes. They were threatened".with social ostraciljm, expulsion 

from their churches, and it went even so far that their leaders openly 

anti publicly advised the wives of those men who songht to join the 

democra.tic party t.o quit them, and in manr instances it was done. 

Those are tl.Je facts, sir; and yet the supervisor of that parish, are- pnblican, made his return to the returning board, and what did he dof 

He exc.lndetl three of the polls in that parish from the count because 

of this intimidation and this violence practiced by republican colored 

mon on democratic colored men! That fact was sanctioned by tl.Je 

on.th of the tjuee C9mmissionm"!:! at every one of those polls. But did 

the returning board notice itT No; and yet retnrn was mad~ striot.Jy 

in conformity with law. It was supported by tbe oath of the supervisor of registration that there had been such intimidation of colored men upon colored ruen that there was no freedom or fairness in the 

election. It was supported by the oath of the commissioners of election. It was upplemented by the oath of more than a hundred .citi- zens, both republicans and democrats; and yet the returning boarrl 

did not deign to notice it. 0, no; because that affected the vote of th~ republica-n party. 

Now, Mr. Speaker- • Mr. NASH. Will the gentloman c llow me to ask him a qnesti(ln f 

Mr. SPENCER. Mr. Speaker, it is· a very remarkable thing to me 

that these gentlemen, who in 1874 confessed and admittecl in a report 

to this House that the democratic party clearly and honestly carriett 

the State of Lonisiana, shonht now come here antl in a fit of virtuous • incli~uation say that the State of Louisiana is c · E>ntially a11d neces- sarily republican. Diu not the gentleman from Ohio, [Mr. FosTER.] 

did not the present candidate for Vice-President, [Mr. WHEEI,ER,] did 

not both of them recognize anct report the fact that the democrats had 

carried the State in 1874 7 And yet, sir, they talk about intimidation, 

intimidation when the vote in 1876 is several thousand larger tbau ever known before. 

They talk abont the colored people in these parishes of East Felioiaua, Baton Rouge, and Morehouse being intimidated! Tl.Jere were United States soldierr-3 there. They were the only parishes where they were at the polls. Yet the result was that the colored men voted solidly for the democratic ticket. 

As for that returning board, the record made by the republican party 

against the very individual men who con~t itnte it is a full answer to 

everything t.bat they may say upon that subject now. The SPEAKER.: The titne of the gentleman from Louisiana bas 

expirerl. . Mr. HOLMAN. I will extend his time a few minutes longer. 

Mr. SPENCER. I do not know that I coulcl bet.ter illustrate the 

character of tbatretnrning bo:ud than by reafling a letter which has 

been r.ddre ad to it by a gentleman from the parish of De Soto; and 

I will send it to the ·desk anu ask the Clerk to read it. 

Se\"eral MEMBEUS. 0, no; let it be printed. 

Mr. SPENCER. I ask to hav~ it printed, then, as part of my re- marks. 

Mr. CONGER. No; Jet it be read. 

The Cl~rk read as follows: 

. DE Soro PARISH, LomsiA~A, December 12, 1876. 

Hon. J. MAmsoN WEr.LS, President Lottisiana Returning Board: 

I have learned that your honorable hod.v bas returned me as electoft to ~be lnw(\r 

house of the Legil!lature from the parhd1 of De Soto. Permit me to return my 

tbauks fm· the honor conferred, but at the same time permit me tAl say that I atil unwillin~ to accept the po ilion. I am a republiean from the finn conviction that 

th11 principles of that party are best for the whole country. 

It i11 also ti'Ue that I WMS the ref!Ular nominee of the party in t.bf\ parish of De 

Soto for the Le¢slature, anrl did more than any memherof tho part.v in that parilllt to or~anize it ami advance itR interest.~; but, ~o~ir. knowing as I tlo that I was fairly 

defeated at the polls, no intimirlation or fra.ud having been practicefl by the opJlOsite party at any precinct in the parish, so far as I havo been able to asc(lrtain, 

afte1' a thorouf!h rnvestigation. my self-respect will not permit me to :wcopt the •po it ion. I hope you will pardon ·me for taking a step that. nt firRt. ~lance, ma.v be thon~rbt calculated to ca.<~t some diseredit upon tho party with whi ch I have allierl 

mvself, but I am a planter not a politician; all my int11restli nro h re, but, Kir. I cannot. bPlieve the good of the State or of the national republican party can be 

promoted by returning as elect-ed a candidate so clearly defeated as mysel£. 

[Applause and laugllt.er.] 

In fact I am convinced that very much of the disturbance that has prevailed 

throughout the State for several years r•a11t is justly att.tibntable to t.he fact that 

in many parishes men not. elected by the people b:we been tnm d <'lect.l'rl and 

maintaine•l in office by the power of the Governmt>nt. I muRt belinve that .roo an_:l rour as oci<Ltes have bePn grosRly deceiver! as to t.he manner in which the late can.vass and election in DeSoto was conducted, and as to tho r esult. 

Very respectfully, JOHN J. LONG. 

Mr. SPENCER. The conduct of the returning board in t.his caso is 

only a fit conclusion to its action in the sam11 parish in 11:374. In 1874 

the parish of De Soto wus carried hy the demooratic part.y by 1,000 

majority; and what was done in order to prevent that. being conntt>1l f 

Tho supervisor of registration was one of Mr. KE>llo~~ s appointees, 

and I wish it understood tha.t there was not an elect.10n officer in the 

State who was not an appointee of Mr. Kellogg. Tbat supervisor took 

the returns of that parish and deposited them with a lewtl woman in 

the city of New Orleans, and offeTed them ~or sale, and in proof of this 

fact I qnoto from the Teport of Hon. GEORGE F. HOAR to the .Fortythird Congress, as follows: 

So in the parish of De l'oto. in which the returns showed a conRervati"Ve elected 

by over l,OOOmajority, wasalle~erl thatt.he snpervisor of rf\gi.Rtrnlion harl brongbt 

the return.s to New Orleans, and had left them with a woman of ball cha.racter, who 

offered to produce them on payment of $1.000. The con11ervattvo commit.t.ee took 

legal proceedings to compel their production; but the court held that it bad no ju· 

risdiction tothatend. They then cansed to bo produced befortl the board the dupli- cate of those return!- from the office of t.bo secretary of state. touetber with tho tallysheets, poll-lists, &c., filed there according tJl law. The.<>e 1lnplicato correspon1led 

exactly with tho alleged result of the compiled returns which the sairl woman bad 

produced ; anti of the e alleged facta undi puted proof wa-~ also submitt-ed to .the 

board. Nevertheless, the board refused to count tbe vote for that parish. 

And I wish to say this, Mr. Speaker: I was born in the State of 

Loni iana aud have lived there all my life; and if ariybo<ly kuows 

the people of t-hat State I thiuk I do know them. I took au act.ive 

part in the canv~s during the last election-I was not a ca.ndidateaiHl I say now that, so far as my knowledge ext(jnrts, and it wa extensive, that a freer, fairer election, so far as the white people were concerned, was never held iu any State of this Union. 

[Here t.he hammer fell.] 

The SPEAKER. But four minutes of the time allowed for debate 

remain. 

Mr. SPENCER. The Chair cnt me off in the middle of a sentence. 

I desir~d to say that so far as the action of the wbite peopLe toward 

the colored peopl~ was concerned an election could not be fairer, or freer from intimidation and violence. 

Mr. COX. I desire to say that this side of the House did not begin 

this debate on the merits of this appropriation. Anti I desixe to say 
1876. CONGRESSIONAL RECORD-HOUSE. 237 

to the gentleman from Maine, [Mr. HALE,] who is now so concerned 

about investigations-and I say it in all good will in the hope that we may approach these questions with deliberation, moderat.ion, and j01l~ment-that bad he been here when these resolutions for investigatiOn were introduced, he might have savecl our Speaker the trouble 

of giving a casting vote to carry them through the House. The gentleumn says that copies of returns are all sufficient. . I know that 

copies oft~ntimes in cases of ejectment, &c., after the mutilation and 

dc8tr.1ction of tbe originals are regarded legally as proofs; hut they 

do not always answer the purpose morally. Moreover, I wish to say 

to the gentleman iu correction of another statement that this year 

there bas been no tender of a place on that board to a. democrat. Last 

year a gentleman named Arroyer, a democrat, resi~ned his place on the boanl, Lecause he wonld not be responsible for 1ts fraud and bad- ness. This year the democrats, according to information given me by my friend from Kentucky [Mr. W A.TTERSON] who was down there, 

appealed to the board to place on it Dr. Hugh Kennedy, a Union man and a fair man. The request was refu-sed. · And, now, where is the "shame." The shame is in hiding. I have a book here, an unabridged dictionary, from which I find that shame meansA painful sensation excited by a. consoiousness of gnilt. 

[Laughter.] 

I have no such feeling on this occasion. The gentleman says that 

he ha.s felt ~ha.me. He knows, then, what shame is. Very well. 

Mr. KELLEY. I said you are absolutely shameless. 

The SPEAKER. The gentleman from Pennsylvania will preserve 

order. 

Mr. KELLEY. I said no such thing as the gentleman _from New 

York attributed to me. I said he was absolutely shameless. 

Mr. COX. I heard no such remark from him, and was not replying 

tohim. · 

The SPEAKER. The gentleman from Pennsylva.nia will preserve 

order. 

Mr. COX. The gentleman from 1\Ia~sachasetts [Mr. HoAR] comes here to defend his report, and tells the House that he did not make 

the objurgatory remarks quoted about this board, or something to 

that effect. He said his committee never decided that Governor 

Kellogg was not elected. I do not know that they did so, technically. 

Nobody charged that, I think. But they took away in their report 

th., rotten foundatione on which that election was ba-sed. I have here 

the report of January 14, lt!75, and here is what the gentleman and 

his committee said: 

Without now referring to other instances, we are constrained to declare that the 

action of the returnill:;t board, on the whole, was arbitrary, unjust, and in our opinion 

illegaL 

Mr. HOAR. Mr. Speaker, that is not an extract from the report 

which was signed by myself and Mr. WHEELER. · Mr. COX. The report is submitted by" GEORGE F. HoAR, cha.irman," 

n.nd tb is portion of it is signed by "CHARLES FOSTER, Willia1nWalter 

Phelps, Clarkson N. Potter." 

Anu the report goes on : 

The evidence on which the subcommittee base their conclusions not yet being writt~n out, will be submitted hereafter, if it shall be deemed desirable. 

Mr. HOAR. I presume the gentleman from New York does not wish 

to get this wrong. He bas been reading from the report written by 

1\!r. Cla.rkson N. Potter. 

Mr. COX. I am reading now what the gentleman from-Massachusetts says at· the end of the report. I am doing him no injustice: 

The committee thereupon voted to a.dopt the report, and also to report the samA 

to the House with the recommendation that the same be printed and recommitted. 

For the committee, 

GEO. 1!'. HOAR, OAairman. 

I did not say that the gentleman from Massachusetts wrote what! was reading a moment ago. / 

[Here the hammer fell.] . 

Mr. HOAR. I hope the gentleman from New York will allow me half a minute to explain this. 

The SPEAKER. The time of the gentleman from New York has 

expired. · 

Mr. HOAR. He certainly does not want this to be misunderst-ood. 

Mr. COX. The gentleman has asked time from me after my own time is gone. · . 

Mr. HOAR. I wish tq say that the committee sent a subcommittee 

to New Orleans, and they made their report .• 

Mr. COX. I desire to have included in my remarks some extracts 

from this report. • · 

Mr. HOAR. I can give an explanation in one sentence. 

Mr. COX. I would allow you to explain, but my time is gone. 

The SPEAKER. The gentleman from Indiana [Mr. HOLMAN] demands the previous question. 

Mr. HOAR. That is the style, then, in which you deal with us when we want to state the facts. .Mr. COX. I have no control of the floor now. Mr. HOA:R. I only ask tim~ to utter a single sentence. 

The SPEAKER. Is there objection T 

Mr. HOLMAN. I hope the gentleman from Massachusetts may have 

the privilege be asks for. · , 

Mr. CARR. I object. 

Mr. ROLMAN. i hope the objection will not be insisted on. Mr. LUTTRELL. I will ohject, unless two minutes in reply be allowed to the gentleman from New York, [l\lr. Cox.] 

The SPEAKER. Is there objection to tbe gentleman from Massachusetts being hearcl, with tha.t understanding! 

There was no objection. 

Mr. HOAR. I do not propose to abuse the courtesy of the other 

side of the House by saying anything which should not be said. I 

only wish to say that t.he subcommittee went down first and made 

their report to t.he general committee. I, as chairman of the general 

committee, communicated that report to the House, stating that it was the report of the subcommittee of which Mr. Potter, Mr. FORTER, aud 

Mr. Phelps were members. It was from that report of the subcommittee that my friend from New York teacl last. Then the whole 

committee went down, I myself acting as chairman, and made a report. · 

Mr. COX. The gentleman will not deny that the committee voted 

to" adopt the report" of the subcommittee. ~fT. HOAR. 0, no! But they stated that they had nQt seen the evidcn· e, but proceeded to lay before the House the report of the subcommiJ·tee. 

Mr. COX. I believe two minut-es are to be allowed to this side of t~e House. I will do the gentleman from Massachusetts no injustice. 

I was reading this sentence: 

The committee thereupon voted to adopt the report, and also to re.port the same to the House, with the recommendation that the same be printed antl recommitted. 

GEO. F. HOAR. · (}hai·rman. 

They say on page 5 of the report : 

Without now referring to other instances, we are constrained to declare that 

the action of the retnrnin_g board, on the whole, was arbitrary, unjmt, ancl in oar opinion illegal, and that this arbitrary, unjust, anu illegal action alone preventetl 

the return by the board of a majority of conservative members of the lower house. 

And so again in the report, on page 8, it is said: 

I ndeed it is concedecl by all partiC-' that the Kellogg government is only upheld by the Federal military. Withdraw the military anrl .tbat government will go down. 

This was true before the 4th uf 'January as well as now. 

NO\Y my conclnsion is this: that the members of a returning board 60 tainted with fraud through and t·hrongh aud standing conv.ictet.l 

by a. republican committee of thi.~ House are not the people to rtlfUISe us inquiry into the returns. It is not for them to refrrse a fair investi- gation now being demanded by a committee of this House. 

Mr. HOLMAN . . I now move the previous que8ti,)ll. 

The previous question was seconue and the main question ordered. 

Mr. HOLMAN inoved to reconsider the vote by which the main 

question was ordereu; and also moved that the motion to reconsiuer 

be laid on the table. . The latter motion was agreed to. 

The first question was upon the amendment reported by the Committee on Appropriations to the amendment of the Senate, which was reacl, as follows: 

In section 2, strike out "$50,000," and insert in lieu thereof ''i30,000." · 

The question was put; and there were-a.yes 119, noes 69. 

Mr. HALE. I call for the yeas and nayo. 

T.he yeas and nays were ordered. 

The question was taken; and there were-yeas 140, uays 8'2, not 

voting 67 ; ·as follows : · 

YEAS-Messrs. Adams, Ashe, Atkins. Ba~by, John H. Bagley, jr., Banning, 

Bland, Blount. Boone, Bradford, Bright. John Young Brown, Buckner, Samuel D. 

Burchard, Cabell John H. Caldwell, William P. Caldwell, Candler, Carr, Cate, 

Canlfiel<l. John R Clarke of Kentucky, John B. Clark, jr., of Missouri, Clymer, 

Collins, Cook, Cowan, Cox, Cutler, Davis, Dibrell, Dougla8, Durand, Durham, E.g- bert, Ellis, Faulkner, Felton, Finley, Forney, Franklin, Fuller, Gause, Gibson, 

Goode, Goodin, Gunter, Andrew H. Hamilton, Robert Hamilton, Hancock, Har. denbergh, Henry R. Harris, Jobu T. Harris, Harrison, Hartridge. Hartzell, Hatcher, 

Henkle, Hereford, AbramS. Hewitt. Goldsmith W. Hewitt, Hill, Holman, Hooker, 

Humphreys, Hunton, Frank Jones, Kehr, Knott, Lamar, Franklin Landers, Geol'ge 

M. Landers, Lane, LeMoyne, Levy, Lewis. Lord, Luttrell, Lynde, Mackey, .Mai. h, 

McFarland, Metcalfe, Milliken, Money, Morgan, Mutchler, Neal, O'Brien, OuPll, 

Payne, Piper, Powell, Rea, Reagan, John Reilly, James B. Reilly, Rice, Riddle, Juhn 

Robbins. William M. Robbins. Roberts, Savage, Scales, Schleicher, Sheakler, Sle- mons, William E. Smith, Southard, Sparks, Spencer, Stanton, StenJrer, Stevemron, Stone, Swann, Tarbox, Teese, Terry, Thoma.~, Throckmorton, Tacker, Turney, John L. Vance, Robert B. Vance, Waddell. Charles C. B Walker, Walsh, Warner, 

Watterson, Erastus \Veils, Whitehouse, Whitthorne, James Williams, Jeremiah N . Williams, Wilshit·e, Benjamin Wilson, Fernando Wood, Yeates, aud Young-140. 

NAYS-Messr:s. J obn H. Baker, W il~ia.m H. Baker. Ballou, Blair, Bra.d ley, William 

R. Brown, Horat10C. Burchard, Burl1gh, CampbelL Cannon. Ca.~on, Caswell, ~hit. 

t.enden, Conger, CroiiDse, Davy, Den~on, Dobbins, Eames, Evans, Flye, Fort, Fo~:~t r, 

Freeman, Frye, Hale, Haralson, Benjamin W. Harris, Hathorn, Haymond, Hentler- son, Hoar, Hoskins, Hunter, Hyman, Kasson, Kelley. Leavenworth, Lynch, Ma:.:oon, 

MacDougall, McCrary, McDill, Miller,lfonroe, Nash, Norton, Oliver. Packer, Pag-e1 "\Villia.m A. Pbillips, Eierce, Plaisted, Platt, Potter, Pratct, Rainey, Robinson, Rnslr, 

Sampson, Schumaker, Seelye,.Sinnickson, A. Herr Smith, Strait, Stowell, Martin I. 

Townsend, Tufts, Van Vorhes, Wait, Waldron, Alexander S. Wallace, Johu W. 

Wallace, White, Whiting, Willard, Andrew Williams. Charles G. Williams, Will· 

iamB. WiHiams, James Wilson, Alan Wood, jr., and Woodworth--82. 

NOT VOTING-Messrs. Abbott, .L\jusworth, Anderson, Geor~reA. BagJ.oy, Banks, Ba.~s. Beebe, Bell, Blackburn, Bliss, Cpapin, Cochrane, CI~l>O, Culberso'n, ·nan ford, 

Darrall, De Bolt, Dunnell, Eden, Garfield, Glover, Hays, Hendee, Hoge, Hopkins, 

House, Hubbell, Hurd, Hul'lbut, Jenks, Thomas L. Jones, Jorce, Kim hall. King, Lapham, Lawrence, McMahon, :Meade, Mias, Morrison, New, O'NeilL Phelps, John 

F. Philips, Poppleton. Parman, Miles Ross, Sobieski Ross. Sayler. Singleton. Smalls, 

Springer, Stephens, Thompson, Thornburgh, Washingt<>n Townsen!l. Gilbe1t C. 

Walker, Walling, Ward, Warren, G. Wiley Wells, Wheeler, Wigginton, Wike, Alpheus 8. Williams, Willis, a.ud Woodburn-67 . . 

So the amendment to the amendment of the Senate was agreecl to, 
238 CONGRESSIONAL R.ECORD-HOUSE. DECE1\IBER 15, 

During the roll-call, 

Mr. FOSTER said: I desire to state that my colleague, Mr. GARFIELD, is absent on account of sickn£>~. . . The next amen1lment to the arnemlment of the Senate was to msert 

in the fourth line of the second section, after the word "the,"" actual 

and necessary ;" so as to make it read: ''to defray the actual and necessary expenses," &c. 

The amendment was agreed to. 

The tllird amendment reported to t.he amendment of the Senate was to insert in the fifth Hne, after the word "elections," the words 

"and other expenses necessarily incurred." 

1'he amendment was·agreed to. · M.r. HOLMAN moved to reconsider the vote by which the amendments t.o the ainenllment of the Senate were concurred in; and also 

moved t bat. the motion to reconsider be laid on the table. · The latter motion was agreed to. . Tl.J.e amend111ents reported from the Committee on Appropriations 

to the original hill were rea.d, as follows: 

In the first line etrike out "$21,000" and insert "$30,000" as the appropriation 

for exren es of Honse committees; 

In line 4, before the word '·expenses," insert the word "actual" and after the 

word "exprnses" insert the words "neces aril.Y incurred;" 

In the ti£th line, after the wor(ls "special committees," insert the words "from 

the House of Representatives:" and 

In line 7, after the word "Florida," insert the words" and of the commit.tee of 

fh·e appointecl t{) pl'Oceerl to the cities of New York, Philadelphia., Brooklyn, and 

Jersey City to examine into any alle!!oo fraudulent registration and fraudulent vot;. 

ing for presidential etectors and representatives in Cougre.t>s." 

The amendments ~ere agreed to. 

Mr. HOLMAN moved to reconsider the vote just taken; and also 

moved that the motion to reconsider be laid on the table. 

The latter motion was agreed to. 

The amendment of the Senate to the title was rean, as follows: 

.Amend the title so as to read: "An act to proYide for the expeDses of certain 

special Ci>mmittees of the Honse of Representatives and of the Committee on Privileges and Elections of the Senate." 

The amendment of the Senate was a.greed to. 

ORDER OF BUSINESS. ' 

:Mt'. BURCHARD, of Illinois. I call for the regular order. 

The SPEAKER. The regnlar order being called for, the morning 

hour will now begin at three o'clock and five minutes, and the first 

business in order will he the call of committees for reports of a private nature. 

Mr. HOLMAN. If a motion is not in order at this time to suspend the 

rules and go into Committee of the Whole for the p~upose of resum- ing tl.J.e consideration of tho post-office appropriation bill, I will ask 

unanimous consent that that order be now made. 

The SPEAKER. The Chair would rule that that motion is not now in order. 

Ur. HOLMAN. I suppose it is not. I ask unanimous consent that 

that be done, in order that we may finish the bill to~day. 

The SPEAKER. The Chair will direct the Clerk to read the rule 

upon this,point. · 

The Clerk read as follows: 

On Fridays, which under Rule 128 are set apart for the consideration of private busines>~ , the motion to go into Committee of the Whole House on the Private Dalendar takes precedence of the motion to go into Committee of the Whole Houst} on the state of the Union; hot upon a failure of the former motion the latter motion 

may be entertained on those days. I£ the previous question shall have been sec· onded upon any pending pt·opos.it.ion, under the practice it is not in order to enter- tain the motion to go into Committee of the Whole nDtil it is diRpvsed of. 

The SPEAKER. The Chair will rule that the motion to suspend 

the rules and go into Committee of the Whole on the post-office appropriation hill is not in order on Friday until after the morning hour. 

Mr. HOL:rt1AN. I ask unanimous consent that tJ1e House now resolve itself iuto Committee of the Whole for t.he purpose of resum- ing the consif1eration of the post-office appropriation hill. ~lr . .ASHE. 1 must object untilibavesuhmit.tedsomereportsfrom 

the Committee on the Jutliciary. 

Mr. HOLMAN. · I trust the gentleman from North Carolina [Mr. 

AsHE] will be permitted to make those reports. 

'fhe SPEAKER. 'fhe gentleman from North Carolina must wait 

until b~s committee is reached during this call. 

GIBBES & CO. 

Mr. ROBBINS, of North Carolina, from the Committee of Claims,· report.ed back, with a favorable recommendation, a bill (H. R.No.3~) 

for the relief of Gibbes & Co., of Charleston, South Carolina; which 

was referred to the Committee of the Whole on the Private Calendar, 

and the accompanying report ordered to he printed. 

GEORGE H. GIDDL~GS. 

Mr. WADDELL, from the Committee on the Post-Office and Post~ 

Roads, reported as a. substitute for House bill No. 3888 a bill (H. R. No. 

4208) for·the relief of George H. Giddings; which was read a first and 

second time. 

:Mr. WADDELL. I ask that this bill may be considered at this 

time. 

The bill was read. It directs the Postmaster-General to pay to 

George H. Giddings, of Texas, the sum of 2,967.43 in fn.ll of hi!'! claim 

for Lalance due for mail service on route No. 12000, from Santa Fe, 

New Mexico, to San Antonio, Texas. , 

Mr. HOLMAN. I think that bill should go to the Committee of the 

Whole. · 

The SPEAKER. If the point. of order is made, the Chair must sus- tain it. 

:Mr. HOLMAN. I make t.bat point of order. 

The bill was accordingly referred to the Committee of the Whole on the Privu.te Calendar, and with the accompanying report ordered 

to· be printed. . W. T. PATE All.l> S. Q. HOWE. 

Mr. ASHE, from the Committee on the Judiciary, reported hack 

with a favorable recommendation the bill (H. R. No. 2899) givin,g the 

Court of Claims jurisdiction to bear and determine the claim of William T. Pato ·and Silas Q. Howe, now pending in !:!aid court; wbich was referred to the Committee of tho Whole on the Private Calendar, 

and the accompanying report orJ.ered to be printed. 

LEO~IDAS HASKELL. 

Mr. ASHE also, from the same committee, reported back adversely 

the bill (H. R. No. 2000) to authorize the Court of Claims to hear aml 

arljutlicate upon the cases of the heirs and lE>gal represeu~'ttives of 

Leonidas Haskell, deceased, on their substantial merits; which was laid on the table, and the accompanying report ordered to he printed. 

JESSF. J. SL'llriNS. 

Mr. HUNTO~, from the Committee on the Judiciary, reported back 

with a favorable recommendation a hill (H. R. No. 4118) for the relief of 

the sureties of the late Jesse J. Simkins, collector of the port of Norfolk, Virginia; which was referred to the Committee of the Whole on the Private Calendar, and the accompanying report ordered to be 

printed. 

ORDER OF BUSINESS. 

Mr. KNOTT. I am instructed by the Committee on the Jnuiciary 

to report to the House the resolution which I send to t.be Clerk, and 

to ask its adoption. 

The Clerk read· as follows: 

Resolved, That the Clerk of the House be and he is authorized and required to payout- · 

·Mr. CONGER. Is that resolution in order at this time 7 

The SPEAKER. It is not in order. 

Mr. ASHE. I now wit.bdraw my objection to the motion of the gentleman from Indiana, [Mr. HoLMAN.] . The SPEAKER. The gentleman from Indiana [Mr. HOLMAN] asks 

unanimous consent that the House now resolve itself into Committee 

of the Whole on the post-office appropriation bill. 

There being no objection, it was so ordered. 

ENROLLE~ BILLS S[GNED. 

Mr. HARRIS, of Geoq~ia., from the Committee on Enrolled Bills, re- ported that tho committee had examined and found t.rulyenrolled bills 

of the following titles; when the Speaker signed the same: · An act (S. No. 105) for the relief of Dickson Shinault, late assistant 

keeper of the light-vessel at Wolf Trap light-station, in the State of 

Virginia; and 

An act (S. No. 745) to authorize the Secretary of the Treasury to 

issue a register and change the name of the brig A. S. Pennell to the 

City of Moule. · LEAVE OF ABSENCE. 

By nnanimons consent, leave of absence was granted_as follows: 

To Mr. GARFIELD, indefinitely on account of illness. 

To Mr. \VALKER, of New York, for two weeks on account of important business. 

To Mr. BURLEIGH, for one week, on account of important business. 

POST-(JFFICE APPROPRIATION BILL. 

The House resolved itself into Committee of the Whole (Mr. Cox in 

the chair) and resumed the considerat.ion of the bill (H. R. No. 418i) 

making appropriations fo1· the service of the Post-Office Department 

for the fiscal year ending June 30, 1878, and for other purpoS;)S. 

The Clerk read as follows: . 

For compensation to railway post-office clerks, 1,125,000. 

Mr. MILLER. I move to amend .the clause just read by striking 

out" 125" And inserting J' 350;" so as to make the amount of the appropriation for this purpose $1,350,000. Mr. Chairman, 1 notice in tlle 

report of tbe Postmaster-General that. the amount expended in paying these rail way post-office clerks for the year ending J nne 30, 1876, 

was $1,278,340 ; $153,340 ruore than the amount proposed in this bil I. 

The amount appropriated for this purpose at the last session was $1,225,000; 100,000 more than is now proposed in this bill. If the 

Committee on Appropriations will give me their attention for a mo- ment, I desire to ask why they propose this year to appropriate for 

this purpose 100,000 less than was appropriated last year. Why do 

they propose to economize on the economy of last session, and to. re- duce an appropriation which bas proved wholly inadequate for the 

current year f Have the committee discovered any new light showing that we appropriated last year $100,000 more than was ncce sary f 

I think not. The fact is, as we find in the report of the superintendent of rail way service, that the only reason be bas been able to get 

along dnring the current year with t.his inadequate appropriation is 

that t-he service bas been very largely reduced by the cutting off' of 

the fast mail. Mr. Vail, the superintendent of r..tilway service, de-
1876 . . CONGRESSIONAL RECORD-HOUSE. 239 

clares in his report that, on account of the inadequate appropriation, ·be has been obliged to reduce both the force and tbl\ salaries, and 

that be bas been enabled to reduce the force from the fact. that the 

fast mails were taken off from the Hudson River, the New York Central, the Pennsylvania Central, and the Southern Michigan Railroads, 

aml from other important lines; that if this service is to be restored, as the Department is now trying to restore it, a larger appropriation 

111~1st be made this year so as to furnish sufficient -postal clerks to do 

th1s work. 

Now I insist (and l wish the House to understand it) that the cutting down of this appropriation means the preventing of the restoration of the fast-mail service; and that is not what the. people of this 

country want and demand; not what the intelligent people require 

at our hands. I am as much in favor of economy mt any one; but it 

is no economy and no statesmanship to try to save money by cutting 

oif the wor~ which the people require to be done. Anybody can econ- omiz6 in tl:iat way. If you tell us t.hat you will not provide for the 

work that we want done, of course you can save money. But we want the work done; and then let it be done at the lowest possible 

expf'nse. 

The people rlemand these mail facilities. They are in earnest about 

it. Tbo intelligent people, even in the rural districts, (and I represent oue of tho~:~e district-s,) understand this question. They demand that 

tlli!) service sball be kept up aa it was started last year or shall be improved if ueetlbe. 'Ve know that with the fast-mail service in operation mail communication between New York and Chicago was from 

twelve to twenty-four hours quicker than it is now; and so with all 

thn points reaching West. The people demand the restoration of this 

ser\'ice. 

It, by reducing yonr appropriation, yon could merely cut down salaries, the people might possibly endure it, though I think in ·such 

action there would be gross injustice. Supposing that you do not c.ut 

down the force bnt try to cut down the salaries, the present salaries 

of these postal clerks are only $1,150 now. Their duties call them 

constantly away from borne, so -that they must incur expense by 

boarding at hotels. They are now working from seven to nine hours 

per day, anrl it is the hardest kind of work, requiring them to be on 

their feet for honrs in fa~t traveling trains. It is not mer"' manual 

labor that tlley are required to perform, although handling heavy 

mail-bags is bard enough work. They must have a quick eye to read 

the addresses of letters, quick perception and quick thought to decide 

in an instant which is the best and nearest route for a letter to take 

in reaching its destination. Now you are getting this work done at au average price of $1,150, and these employes pay all tl:eir own ex- penses, boartling most of the time away from their famjlies at hotels. 

I declare that I know of nQ set of officers under this Government, no employes of any kind, who are doing so much work and such hard 

work for so little pay. · [Here the hammer fell.] · 

M1·. HOLMAN. One woulcl suppose that the ingratitude of republics was absolutely without limit. I have never known any class of 

employes to come before this House for compensatiOn without being 

informed t·hat they are the hardest worked and poorest paid of all 

mortals who inhabit the face of the globe. Yet, sir, when one meets 

with these gentlemen everywhere one is grat.ified to find they are so unconscious of their misery. [Laughter.] Tbese gentlemen are em~ 

ployed but one-half of the time and for the remainder of the time are to a certain extent gentlemen of elegant leisure. 

Mr. MILLER. Is the gentleman quite sure of t,bat T 

Mr. HOLMAN. They are off nearly every alternate week. · Mr. MILLER. I know that tb6" route-agents on the routes I am familiar with do not have any such leisure. 

Mr. HOLMAN. It depends on the length· of the route, but that is 

the general rule in the service. So far as we know they are a class 

of officials who in common with other employes of the Government 

perform their duties very well or at least well enough. This branch 

of the public service is well performed, but the gentleman from New 

York proposes to perpetuate the high and extravagant rates of com- pensation which were allowed under the system of inflation which 

in its gradual decline bas brought us down to the reality of values. 

My friend seems to attach great importance to the report of Mr. 

Vail. Now let me call his attention to a few of the facts. He will 

find in the appendix a transcript from the Treasury showing that the 

expenditures for the last year were $1,2-2~,750 . On page 160 we are told by the superintendent of railway mail transportation that the ex- penditures were $1,278,340. There is a difference of $55,000 in the two 

statements. The gentleman from New York is familiar with this subject and I would he glad to have him reconcile these statements, in 

which there is a difference of $55,000 in regard to this one i tern of postal 

railway clerks. 

The gentleman will perceive that we make a reduction here of 

$78,000 from war times, from the salaries of the inflated period. It 

is a reduction of between ·7 and 8 per cent. 

The Committee on Appropriations, .M:r. Chairman, insist that the nnm ber can be reduced without interfering with the salaries, but that 

if the uurnber cannot be reduced so as to pay the present high salaries, 

this class of public employes, in common with other employes of t he 

Government, shall suffer a slight reduction in what they are to receive. 

The appropriation made in the last fiscal y{:.ar for the present year was the result of a compromise between the two bodies. The Committee on Appropriations entertain no doubt that the appropriation 

of $1.12..'1,000 fort-hid service is ample. I am well aware that my friend 

from Ne\v York greatly interests himself in this question, and that he 

has u11dou1Jtedly studied it; !Jut be overlooks two facts: first, the 

everla-sting pressure brought to ue-ar~pon t.l!e Post-Office Depart.ment 

to increase its employes, aud especially in this department, independently of any consideration of the fast· mail service. And, secondly, my 

friend does not propose any reduction in the salaries, when be must 

admit that a moderate modification of all salaries in every department of this Government is inevitable. 

Me. MILLER. Under the appropriation made last year the salaries 

bad· to ue largely reduced. Now does the gentleman · from Indiana 

propose to make a further reduction i 

Mr. HOLMAN. 0, uo; tlle reduction then amounted t.o almost not.hiug for the present fiscal year. I attach no importance to the appropriation for the present fiscal year, but l>ase my judgment upon the ex~enditures for the last fiscal year. My friend must see that tbe 

report of the Second Assistant Postmaster-General, in the appendix, 

the transcript from the Treasury is to be depended upon in regard t~ 

the expenditures. That shows $1,233,250.19 was the reduction from 

the expenditure over last year; or between 7 and 8 per cent. And I 

wish to say t.o my friend another thing--

Mr. MILLER. Let me interrupt the gentleman right here. I see 

on page 9 of the report of the Second Assistant Postmaster-General 

that the amount for the year 1876 is $1,2i8,340. The same amonnt is 

given by the superintendent of the rail way mail service on page lDO. 

Mr. HOLMAN. 0, no; the appropriation for salaries for tlle railway post-office clerks, for the year ending J nne, 1876, is $1,2~5.000, 

as against the expense for t~e year 1876 of $1,278,340. If my friend 

had looked on page 241, as tabulated, he would have found $1,223,- 750.19. 

Mr. MILLER. I think that is likely an error. Look at tb{) tabulated report on page 9. 

Mr. HOLMAN. If my friend will go over the report of the super- . intenden t as t.o rail way post-office clerks, ron te-agents, and local agents, • be will find a discrepancy of ov~r $100,000. 

Mr. Chairman, I do not regard the subject of fast-mail lines 'as lJeing involved in this discussion. Still I will a~:~k to have read tbe· 

views expressed by a leading commercial newspaper of the NoJ·fllwest, the Cincinnati Commercial, as to the fast-mail system as it strikes 

the great heart of the western country. 

The Clerk read as follows : 

THE POSTMASTER GE~ERAL'S REPORT. 

The report from the Post·Offir.eDepartment IJUlke~ an intelligent showing of that 

branch of tho public sen-ice. Inasmuch as the whole people have an interest in 

that service second only to that of the Treasury Department., the report will unnbtless receive a considerable share of attention. Its patronage is largo, but it wiU 

appear doubtless to most persons as less extensive, at least in it~ uemomlizing ten- dencv. than most. persons oruinarily suppose. It Will be seen that llr. Tyner roa- son8 'himself into an apprechtion of the fast. mail service even at the ex pen so of an apparent <'.Ont:lict between his appwval of tbat non~ensical experimeut and bis rec- ommendations as to economy. The practical workings of the expNi.ml:'nt should 

ha,·o receive! I more of his intelligent consirlcration, and then he could have discov- ered the folly of its having increa~ed compensation. 

The practical workings of the Department are made to appt'ar on a very good 

footing. Especially interesting are the statements as to the money-order system 

and its foreign connections , - It is to he expected that the people at large will be gratilie!l to find that a De- paJ·tr ent in which they are so particularly and directly interested is made to ap· 

peru to so good an advantage. 

'Mr. HOLMAN. My friend will perceive that, even on one of the 

great lines on which the fast-mail service wa8 established, a leading 

commercial newspaper, and one of the fairest of the newspapers of 

this country,· does oot reg:ud the subject with any favor. I holcl in 

my band an article which I have clipped from the Cincinnati Gazette, 

a paper which my friend is aware has occupied for half a century a leading position in that section of the Union. 

The Clerk read as follows: 

Thus the fast· mail train seems to have been in all matt-ers a thing of false pretenses, crooked ra~·s. and of no intelligent purpose. Besides. there was an ouious 

feature in the st1 iking nnfairness of provirlmg one city in the nation with an extra- ordinary train for its morning newspapers ami. leaving out the great cities of the 

interior and West-, which have new~papers of equal news pretensions and of as large an area of circulation, such as Cmcinnati and Chicago, not to mentiou others. .Ana there was al o an absurdity in ruunin:r a train at extra speed· one wa.\· ouly, 

and returning at the ordinary rate. Under all these circumstances of unfaimess in inceptions and false pretenses as to costs and objects, it is not strange that Con- gress should omit to make an extra appropriation for tbiR extra mail. A more honest. dir~ct, fair, and efficient way of impro\'ing the mail service can be devised 

by ordinary intclligenr,e and business capilcity. It is to be bopetl that PostmasterGeneral Tyner will look to such general progress rather than tie himself to the blun- ders of his predecessor. 

Mr. HOLMAN. This was published last sun;.l.fler about the time 

the service was abolished. I do not wish to be understood, however, 

as myself raising any -objection to the ful1est facilities wbich the mail 

system can. furnish. The pretense to which the Cincinnati Gazette 

refers was the pretense of Mr. Bangs, then superintendent of rail way 

transportation, that it was not to be attended with any increaserl ex- pense, when we discovered, ultimately, that it was a. source of enor- mous expense; and what was still more remarka.b,e in connection 

with that system was that it affected but a comparatively small portion of the Union. Eveu this southern line from New York and Pl.Jila.-

delphia, by way of Cincinnati, t.oSaint Louis had no appreciable effect. 

I am not aware that any class of persons, whether engaged in corn-
240 CONGRESSIONAL RECORD-HOUSE. DECE~IBER 15, 

merce or not, regard tho continuance or discontinuance of the line as 

a mn tter of any moment. 

[Here the hammer fell.] 

Mr. CANNON, of Illinois. I move to strike out the last word. 

Mr. Chairman, I do not expect to be al>le to st~y anything that will 

be of effective use to the gentleman from New York [Mr. :MILLEH] in 

the adoption of his amendrrumt. Indeed, I should have kept silent were it not that the gentletnan from Indiana has, as I conceive, made an unjust attack upon the fast-mail system. The gentleman says th~ fast mail added greatly to the expense of mail transportation. 

I do not so understand it. Ou the contrary, I state without fear of succe~;sfnl contradiction that the fast mail was cheaper than the slow 

ruail; and I will prove it. Under the law where a railway transport.s 5,000 pounds daily of mail over the whole length of t.he road for one year the pay is $:l00 per mile, and for each ton of mail over the 5,000 

pounds transported daily over the whole lengt.h of the road the pay is. _ nt. the rate of $2S per mile in addition. To illustrate: if the road carry 

Hl,OOO ponnds of mail, tho pay for the first 5,000 pounds is $200 and 

for the Recond 5,000 pounds is 62.50, making the total cost fol' 10,000 

pounds $262.50, provided it is carried upon one line of road. But suppo e it is carried by two different lines of road, 5,000 pounds by each; 

then the Government pays each road $200, making for the two roads 

$400 pay for the same service that one road would have p~rformed 

for $~62.50. So any one can see that it is the interest of the Government to mass these great through mails upon one line of road at the 

minimum compensation instead of dividing the same among all the 

lines leading from the East to the West at t.be maximum compensation. 

Prior to the legislation of last session the New York Central and 

Lake Shore furnished a special train th t carried nothing but the 

mail , and made fast time at the lowest price for transportation. Since 

that time the special mail train has been discontinued and the mails are divided between several diff~rent routes at the maximum compensation. Now, in the reckle economy of htst session, under the lead 

of the Committee on Appropriations, 10 per cent. was taken off the 

pay to all roa(ls withont disct·imination, as well off of the cheap serv- ice that was being performed by the· road that carried forty to fifty 

thousand pounds of mail as of the expensive high service that was being performed by the road tl.u1t carried only five thousand pounds of 

mail. The result was that the special, exclusive mail trains were dis- con tin ned on account of t.he reftlsal of the roads to longer run the same for the climinished compensation. 

Yet the gentleman, with the e facts staring him in the face, makes 

his att-ack upon the fast mail. 

[Here the hammer fell.] 

Mr. HOLMAN. I move that the committee rise. 

Tho motion was a.greet.l to. · So the committee rose; and the Speaker having resumed the chair, 

.Mr. Cox reportecl that the Committee of the Whole bad had under 

consideration the bill (H. R. No. 4187) making appropriation for the 

SPrvice of the Post-Office Department for the fiscal year ~nding J nne 30, 18i8, and for other purposes, and bad come to no resolution thereon. 

PA YME~'T OF THE ELECTORAL 1\IESSENGERS. 

1\lr. HARRIS, of Georgia, from the Committee on Enrolled Bills, 

reported that the committee had examined and found truly enrolled a bj!) of the following title; when the Speaker signed the same: An act (H. R. No. 4197) to provide for the payment of the electoral me sengers. ' POST-OFFICE A.PPROPRIATIOY BILL. 

Mr. HOLMAN. Inowmovethatthe Hoose resolve itself into Committee of the Whole on the sta.te of the Union on the ·post-office appropriation bill, and pending that motion I move that all debate upon 

the clause now before the committee be closed in teo minutes. 

The question was tAken on t.he motion to clode debate, and it was agreed to. · The question was then taken on t.he motion to go into the Committee ·of the Whole on the state of the Union, and it was agreed to. 

The House accordingly resolved itself into Committee of the Whole 

House on the tate of the Union (Mr. Cox-in the chair) and resumed 

the consideration of the bill (H. R. No. 41t;7) making appropriation 

for the service of the Post-Office Department for the fiscal year ending J nue :lO, 187 , and for other purposes. 

The CHAIRMAN. All debate upon the pending paragraph will 

olo ·e iu teo minutes. 

Mr. HOLMAN. How much t,ime does the gentleman from Illinois 

require f · Mr. CANNON, of Illinois. Five minutes. 

:Mr. HOLMAN. I yield, then, to t.lle gentlema.n from illinois. 

.Mr. CANNON, of Illinois. ln adliition to what I have stated before, I will call the attention of the gent.leman ft·om Int.liana to the 

statement in the papers that a fast mail is a.l>ont to be put . .p pou some of tbe roads even at the diminished compensation for such service. 

'l'be gentleman from .Mis. onri LMr. STONE] says it goes into operation on Monday next. And I want to say iu thi connection that I 

"believe the arueu'tlment of the gentleman from New York [Mr. MILLER] should be adopted as a measure of economy; for if you cut down 

the force of postal clerks who distribute t.he mails in transit upon 

the tmius yon will have to increase _the force of clerks in t.he large 

post-offices to make th~ distribution of the mails as well as increase 

the accommodations or room for them to work in, which would be more expensive -and give le 'S speedy and effective service, and I am inforrnetl at the Post-Office Department that even now there is an 

increased. demand at some of the largest offices for a-dditional clerks 

to securo ~m efficient service. 

Nor do I agree with the gentleman that as a rule the postal clerks are overpaid. It is a lahorion~;, hard service, requiring fitlelity, ac- curacy, and constant application; and I can say without fear of oc- cessful contradiction that postal clerks ·receive Jess pay for work.done 

than any other employes of the Government. 

In co~1clusion I will state that t.he gentlemm:i from Indiana, [Mr. 

HOLMAN,] in my opinion, believes he is right in oppo~ing this ·amendment and opposing the fast mail ; but, with due ueference to lhe gentleman as well as to the Committee on Appropriations, I sul>mit that 

in conseqnence of their manifold duties they have not gone to the hottom of this question. 

Mr. CLYMER. It. would seem to be a fair proposition that the 

pay of post-office route-clerks should l>e about that of other persons 

who perform like servic". I think it is well known that upon mo~t 

of the railroad routes of the country confluctorn of trains do notreceive on the average more than "'.'00 a year. I think that is the fall 

average. Now1 by the report which we llavebefore us opon thi~subject, it eerus that the average pay of route-agents amonats to $1,1!:i0 

per year and the average about one hundred and thirty-one miles 

travel per d< y. 

I think the· average number of miles traveled by railroad conductors 

is sowething near two hundred mile a, day, and therefore for performing one-third ruore ervice the railroad conductors receh·e about ··:3:>0 a year le s than the pay of ron te-ageuts. I think by reducing the pay 

of the e route-agent.s to '1,000 a year, which would be a saving of 

$150 on each a year, it would e1l'ect the total saving to thl servicoof 

$156,300. The cost of the service last year, according to the report, was $1,233,750. If we· make the reduction I propo e, the estimate furni~hed by the committee will be ample for the performance of this 

service, paying the runte-acrents liberally as compared with tho e who 

perform like services; for it cannot be doubted that tlJ e services of 

the railroad conductor, who is constantly on hi~ feet, wlJo has to live 

from· home, subject to cares and duties which are not ordinarily imposed upou the class who perform imi lar service.. I think, t.ht> re- fore, that the action of the committee shoultl be sustained, as it is 

liberal and just and should receive the support of the Committee of 

the Whole. 

Tb.e question was taken upon the amendment offered by Mr. CA.N· NO~, of Illinois; and on a division there were-ayes 29, noes not 

conntPd. · So tlle amendment was not agreecl to. 

The Clerk resumed the reading of the bill; and read as follows: 

For route.agents, $945,000 . 

Mr. MILLER. I move to amend that clause by st.riking out 

"$945,000" and insert.ing in lieu thereof "$1,0::>0,000." 

Of cour~e, Ur. Chairwan, after the very decisive vote against tlle 

amendment which. I last offered, I am not going to persist in making 

speeches upon these amendments. The route agent , as the gentl~­

man ays, upon our railroads receive now about $950 a year. They are like po tal clerks, away from tbeir homes on expen e at hotel , and their net earning· cannot be more than S500 or $1i00 a year. Now, 

I wi h the gentlemen of the committee t.o tell me if they l>elieve that a cla of men fit to discharge tho unties of this position can be or ouo-ht to l>c obtained at ales snm than the average ol>taine1l by perso;s now performing this service, namely, $9;)0 per year. Untler the 

appropria.t,ion now propo ·etl, which is very much le ·s t han t.lle appt·opriation of last session for the current year, the salaries will be much 

les than this meager sum of $950. · I do not tmpposo the Committee of the ""\Vholewill give the-subject 

very muc}l attention, but I assure them that, if they allow this bill t-o pass without a larger appropriation for this branch of the public 

service, they will be doing great injustice to a worthy and llard-workinu class of public servant . Now the gentleman says that in every case where an attempt is made 

to reduce salaries we hear the cry that the men to be affected by the 

reduction are laboring ruPn. I will again call his attention to t-his fact, 

that t.he. e men with a alary of $Ui>O, having to board tbem elves away 

from home. do not realize as net earnillgs more than five or six hundred dollars a year, aud a.re poorer paid than a.n,v class of employes · undertheGovernment. A clerkship of the first cla in any Department 

in Washington is a sinecure compared to this; and thi position re- quires a much talent as the clerkship and harder work. 

Mr. HOLUA~. I oHIV wish to call attention to the fact that the 

expense of this service last year amounted to $940, 15UJ7 and we appropriate $5,000 more in this bill than was expended last year, aud cer- tain~v that amount. ought to be sufficient. 

Mr. MILLEH.. I speak of cost in the year 1876, and from a table 

which I tind here it was $9i:>,280. 

Mr. HOLMAN. I call the attention of the gentleman from New 

York to tbe fact that be is quoting from the report of the superintendent of railroad tran portation. 

.Mr. MILLER. I l>eg p:ll'don ; I am quoting from the report of the 

Ass is tan t Postmaster-General. 

Mr. HOLMAN. What pagef 
1876. CONGRESSIONAL RECORD-HOUSE. 241 

Mr. MILLER. Page 9 of the tables. · Mr. HOLMAN. If my friend will look at the table of receipts and 

expenditures of the Post-Office Department covering the years 1874, 

1875, and 1876 on pages 24 and 25 of this document, he will find that 

for last year the expenditures for mail-route agents were $940,151.97. 

By this bill we appropriate $5,000 more for this plll'pose than was ex- pended last year. , Mr. MILLER. I cannot allow that statement to go out without a reply. I :find here that for 1876 the expenditures for this purpose were 975,280. That appears in a table sent to us from the office of 

the Postmaster-GeneraL 

Mr. HOLMAN. There must be some error. The CHAIRMAN. Debate upon the pending amendment has been 

exhausted. ' 

Mr. HOLMAN. Then I move to strike out the last word. I do not 

know who onght to have the last word on this question. 

Mr. MILLER. I give the report. 

Mr. HOLMAN. To be more certain that my vision is not imperfect 

I will put on my glasses and read the figures from the document. 

The expenditures for this service, for the yeru.· ending J nne 30, 1876, were $940,151,97. Has my friend the page f 

Mr. MILLER. What page is itT 

Mr. HOLMAN. It is parre 24. The expense for the first quarter in 

round numbers was . 230,000, for the second quarter 238,000, for the 

third quarter $232,000, and for the fourth quarter $239,000, making 

for the whole $941,151.97. And by this bill we appropriate $5,000 more for this purpose than was expended last year. I withdraw my 

formal amendment. . The question recurred upon the amendment moved by Mr.MILLER; 

and it was not agreed to. 

The Clerk then resumed and concluded the reading of the bill. ~r. HOLMAN. The deficit provided for by the last section of this 

bill should be increased to the extent of $235,000 if the Honse shall 

auopt the amendment which has been adopted by the Committee of 

the Whole. But ina-smuch as the House may think proper on consideration not to adopt that amendment, I will mo.ve that the committee now rise and report the bill to the House. If the Honse shall adopt 

that amendment then the deficit can be provided for. 

The motion of Mr. HOLMAN was agreed to. 

The committee accordingly rose; and the Speaker having resumed 

the chair, Mr. Cox reported that, pursuant to the order of the House, 

the Committee of the Whole on the state of the Union had bad under 

consideration the Union generally, and particularly the special order, 

being the bill (H. R. No. 4187) making appropriations for the service 

of the Post-Office Department for the fiscal year ending J nne 30, 1878, 

and for other purposes, and had directed him to report the same back 

to the Honse with an amendment. 

Mr. HOLMAN. I believe but one amendment to this bill was made 

by the Committee of the Whole, in regard to the appropriation for 

the star routes and steamboat mail service. I call the previous question on the bill and amendments. 

The previous question was seconded and the main question was or- dered. 

The amendment reported from the Committee of the Whole wa-s, in 

line 63 of the printed bill, to strike ont "$6,000,000" and to insert in 

lieu thereof "$6,237 ,993," so that the clause would read : 

For inland mail transportation, namely : For transportation on star routes and by steamboats, and aJl other than railroad routes, $6,237,993. 

Mr. HOLMAN. I desire to say a word in regard to this amendment. 

I think the appropriation made by this bill for this service is sufficiently large; and it appears to me that the House should not increase 

it beyond the manifest necessities of the public service. I think that we have appropriated by this bill a much larger sum for mail transportation than the public service requires. 

The amount appropnated i'or the transportation of mails by railroads is 9,000,000. A more careful examination demonstrates the fact 

that that amount is beyond the necessities of the public service. Indeed I think that for that purpose an appropriation of $8,800,000 would 

be found to be very ample ; and that $6,000,000 is a sufficient appropriation for the service on the star routes and on steamboats; that I 

think is very manifest. Even then we would have for the expenditure of next year 342:000 more than the expenditures of last year. 

My objection to the appropnat1.0n of money beyond the actual 

wants of the service is this: Nothing tends so much to demoralize the 

public service and to beget a spirit of extravagance in their expenditures as ample resources. Until within the last twenty years, I might 

say within the last fifteen years, Congress deemed it of the highest 

importance that just the sum required for a given public service and no more should be appropriated. It sought to impress upon all the 

employes of the Government the necessity of not nsing a dollar of 

public money beyond the wants of the service. We have all seen the 

effects of ample revenues. The extravagance of this Government 

during a number of years was actually appalling, and it grew out of 

the superabundant revenues. When we gathered into the Treasury $350,000,000 or $400,000,000 annually, economy was absolutely impos- sible. -

As long a-s yon appropriate a large margin for expenditures beyond 

the wants of the Government, the reign of extravagance will con- tinue, and that, too, notwithstanding the heads of Departments may 

V-16 

be not only honest men, but eager that the public expenditures flhoulU 

be kept upon a basis of fair and just economy. It is for that reason that the appropriation of money is placed especially in the ch::nge cf 

Congress, in order that we the representatives of the people may direct that no money shall be expended except upon their appropriation. 

The various departments of the Government must realize that it 

is the determination of the legislative department to exercise a rig- orous control over expenditures and to maintain a strict economy. 

Gentlemen, I do not think that you can indulge in any hope of eco- nomical government as long as yon appropriate moneys that cannot 

be demonstrated to be absolutely necessary to the public service. I 

know that my friend from Texas [Mr. SCHLRICHER] will not say that 

he has any reason to believe that there will be required for the next 

fiscal year an increased expenditure of $342,000 beyond the expenditru·es of last year. If my friend desires to be heard upon this bill, I 

yield the floor to him of course. I understand from him that ten 

minutes will be sufficient. 

Mr. SCHLEICHER. Mr. Speaker, I did not anticipate that this 

question, which wa-s so fully discussed yesterday, would have to be 

gone over again to-day. The gentleman from Indiana [Mr. HoLMAN] 

made yesterday a gallant defense of the position of the Committee on Appropriations. In doing so, he took advantage of every point, 

going 130 far as to make the objection that no quorum had voted, al· 

thong"P the sentiment of the majority of the House was clearly indicated. After all the debate then had, and when the vote had been 

taken in three different ways, it appeared that the Committee of the 

Whole, by a majority of 32, was in favor of my amendment. Yet now the gentleman from Indiana brings the matter up again and preaches 

to the House a sermon upon the general principles of economy. He 

exhorts us not to run into extravagance. Why, sir, yesterday, on a full discussion of this whole question, it was shown that this amendment is not at all in the direction of extravagance; that on the con- trary, if it be adopted, the appropriation still falls 500,000 below the 

appropriation for the present year. I have shown that the Postmaster-General has never been partial to this service; that he has not 

used for its support even the means placed at his disposal-not be- cause the facilities for this branch of the service were abundant; on the contrary, as I have stated, they were deficient. But although the 

Postma-ster-General has not used for this service the means he might 

have used, and which the necessities of the service demanded, I have 

refrained from saying anything against his views. I have adopted 

his views in framing my amendment, and have only insisted that the 

House should not go below his most limited standard. My amendment merely follows the recommendation of the Postmaster-General, 

which I repeat is half a million dollars less than the appropriation 

for the present fiscal year. 

I have already stated that the establishment of a large number of new mail-routes, which have been asked for, has been delayed from 

the last Con~ress to the present for reasons known to every member. 

Because the ~:Senate has undertaken to attach to the post-route bill the 

revival of the franking privilege, that bill has not yet been finally 

acted on . . A very large number of the new routes that would have 

been created were asked for in my district, and were exceedingly 

necessary. The failure of the post-route bill creating those new routes was one of the reasons a portion of the appropriation was not 

nsed. 

Our population is increasing every year by reason of an immense 

immigration ; and for gentlemen to maintain that because two years 

ago the expenditure was smaller we should not now appropriate the 

limited atUount asked for by the ·Postmaster-General, who as I say has 

not been partial to this service-to maintain that the appropriation 

for this ser~ce should be reduced $240,000 below his estimate, appears 

to me exceedingly unreasonable. 

I thought that after the question had been so fully explained, after 

three or four gentlemen had participated in the debate, my frienu 

from Indiana would yield with good grace to the decision of the 

House. Yet he brings up this fight again. I appeal to the fairness 

of members here to stand by the decision they have already made 

upon a full hearing of the argument: The appropriation proposed 

by my amendment is-I will not say fair, for it is less than fair. The 

term "extravagance" is altogether misapplied by the gentleman from 

Indiana in characterizing this amendment. It provides only for 

necessary service. The estimate of the Postma-ster-General has been 

made upon an exceedingly limited basis. Ye~ the Committee on Appropriations saw fit to go below that estimate, not for any reasons that 

they could state, not upon any allegation that too much is paid upon 

contracts or that there are too many routes, but merely upon the general 

views which the gentleman from Indiana now enforces again in his sermon to the House-that appropriations when made in higher sums than are required demoralize and debauch the public service and that 

as a general principle the Honse should stand upon the very lowest 

amount. 

Mr. HOLMAN. I now yield five minutes to the gentleman from 

Texas, [Mr. THROCKMORTON.] 

Mr. THROCKMORTON. Mr. Speaker, I do not rise to discuss this 

question, but simply to sustain the position taken by my colleague, 

[Mr. SCHLEICHER.] The district which I represent in this House is 

larger than the State of New York; and in the bill passed at the 

last session, and in the bill which came before us yesterday, anum- ber of new routes were provided for in my district as well as that of 
242 CONGRESSIONAL RECORD.::..HOUSE. \ 

my colleague. A number of these routes were not embraced in the 

last advertisement of the Department; and I have good reason to believe that a large number will be omitted from the new advertisement, 

for the simple reason the Department says the appropriations are not 

sufficient to put service upon the lines proposed. · · I will state further, that in the district which I represent the serv- ice has been taken off a large number of routes upon which it has 

been carried for a number of years; and upon other lines on which 

the service was twice or three times weekly it has been reduced. 

The only reason given is that the appropriations made by Congress are not sufficient to afford to the people the mail facilities that they 

have heretofore enjoyed. Yet the State of Texas is rapidly increasing in population ; and inst,ead of having its mail facilities thus cur- tailed they should be enlarged. If there is any object for the support of which liberal appropriations are indorsed by the people of 

the United States it is the mail service. This a question which more nearly than almost all others affects the great interests of the people. 

They will not sustain us in attempting to cut down this important 

branch of the public service. 

Mr. HOLMAN. Certainly I would not consent byanyvote of mine 

to do the slightest injustice to the State of Texas or any other State 

of this Union. But my friend should bear in mind that in a district as old and populous as mine, settled for three-quarters of a century, 

not to exceed two-thirds of the routes established by law have ever had any service put upon them. I live in the country and understand, I think, the question of the necessities of local convenience. 

Mr. BLAND. I should like to ask the gentleman a question. 

Mr. HOLMAN. Wait a moment. I must say again that if we appropriate all the money required to put mail service on every route, 

that instead of $37,000,000 it will require twice that amount to carry on the Post-Office Department of this Government. 

Mr. BLAND. I desire to ask the gentleman how many routes have 

been cut down-how much service has been withdrawn f I know it 

has been so in my district and I have here petitions for the restoration of service to routes where it has been dropped. 

Mr. HOLMAN. The appropriation now under the control of Congress is not less than 1,000,000 above the expenditures of last year. 

In other words, sir, the expenditures for last year were $5,688,000, 

while the appropriation made for the present year is 6,737,000. My 

friend must see that not only is it now proposed to appropriate $579,000 more than the expenditure last year, but this is proposed at a time 

when every day we know more favorable contracts are being made, 

that where old contracts expire new ones are made at greatly reduced 

rates, thus reducing expenditures in this branch of the public service. 

The gentleman from Texas [Mr. SCHLEICHER] asks us to appropriate 

$579,000 more than the expenditures of last year when by expiration 

of old contracts new contracts are made, costing only 50 per cent. of 

the cost of the preceding contracts. 

Mr. SCHLEICHER. Does not my amendment as adopted propose $500,000 less than for the present fiscal year f 

Mr. HOLMAN. Certainly it does. The appropriation for this year 

furnishes no criterion at all. On the contrary, we must look to the ex- penditure for last year. The gentleman asks us to appropriate $579,-

000 more than was expended last year. 

Mr. CONGER. During the last year, Mr. Speaker, there were almost one thousand applications for post-offices which could not be established because there were no funds provided. During thl" last year 

there were seventy-five money-ord,er offices refused, and a circular was sent to the places where they haa been promised, saying. that they were not established because the appropriation would not warrant it. 

In my district, where Congress has established post-routes, post-offices 

have been asked where men have to go fifteen miles to the nearest 

post-office; and I have been refused tne establishment of those offices 

because the appropriation will not warrant it. I can repeat over and over again many more cases of that kind. 

Mr. HOLMAN. I can say the same thinginmyownneighborhood. 

I do not suppose there is any exception to it. 

Mr. CONGER. Let me a~k the gentleman a question. 

Mr. HOLMAN. I will answer it. 

Mr. CONGER. I wish to ask whether when he says the Department asks for more money than is needed--

Mr. HOLMAN. They do not ask it. 

Mr. CONGER. When he says they did not use up all the money, 

whether there is any refusal to use the appropriation in any portion 

of the country where there was money to meet it Y 

Mr. HOLMAN. I presume it is within the experience of all of ns that in the carrying on of this great postal system there must be some head to the Department to determine where it is proper the mail serv- ice should be established. I have neighborhoods which complain of 

t:he want of mail facilities. I presume every gentleman has. There 

must be some reasonable limit to the expenditures in this branch of 

the public service. There is no people upon the face of the globe, 

with anything like our extent of country, who have such mail facilities as our people have furnished for themselves. I think there is no great complaint-at least I think there is no just ground for com- plaint of the acts of the Post-Office Department in trying to promote 

reasonable economy. nut Congress seems to invite extravagance by 

offering to the Post-Office Department, in voting for this amendment 

of $579,000, more than the expenditures of la~t year, when the appropriations were sufficient to meet the present necessities of the service. 

I 

:M:r. CONGER. Will the gentleman allow me three minutes f 

Mr. HOLMAN. Certainly. . Mr. CONGER. Now, Mr. Speaker, I will venture it is within the 

knowledge of every member upon this floor that in his own district 

there are constant applications for increased mail facilities, which are refused and have to be refused. I venture that there is no member upon 

this floor but will agree with me that it is the duty of this Government, 

if it undertakes to carry the mail to the people, to give at least ordinary 

reasonable facilities to the people of the country, however sparsely settled the country may be. In counties which I have the honor to represent, there are places where there are no post-offices within fifteen, and even within twenty miles, of hundreds of inhabitants in my district, 

where I have urged the establishment of offices, where the petitions 

have been sent up to me for the last year-the last two years--and where Congress has established mail routes in order that post-offices might 

be established; and yet I believe, with no particular disregnrd of my 

wishes or those of my constituents, the Department is unable to com- ply with the reasonable demands of my people. I venture to say that 

that is the experience of all members that represent the newer portions of our country. 

Now, if we adopt the rule that the Post-Office Department shall be 

self-sustaining, that the Government shall only afford facilities to 

those parts of the country that can pay, as the gentleman suggests, 

the people must pay for it themselves-let that ·be the determination 

of this Congress, and I venture to say the people of the United States 

will send a (lifferent set of men to determine even in regard to their 

postal relations with the Government. This is a crying evil. I hear 

complaints wherever I go, and from every member with whom I talk, 

that postal facilities, especially in the more sparsely settled regions 

of the country, are denied to the people of the United States. There is more complaint of that in my own district than of any other one thing. 

It is time that Congress should furnish those facilities. I have voted 

for these increased appropriations that those facilities may be given. 

There are many places in my district where money-order offices are sou~ht to be established as self-sustaining institutions; and yet the 

clerks in the Department are cut down so low, as I am informed at the 

Department, that they cannot increase the number of money-order 

offices because they have not clerks enough here in Washington to ex- amine and pass upon the accounts. Is that statesmanship Y Is that 

economy f 

I had hoped that when the excitement of the political campaign was over and members met here to legislate for the good of the coun- try they would m;tke such appropriations as, with a due regard to 

economy, should best meet the interests, the wants, and the necessities of the American people. . This bill cuts down even below the appropriations of last year, which were insufficient to give these facilities. I have voted with others to increase them, and so I shall vote 

whenever the opport1mity comes. If I could by my vote defeat the 

passage of this bill until proper facilities were provided for the American people in their postal service, my vote should defeat it here today and whenever it came up for action. 

:Mr. HOLMAN. Mr. Speaker, the observations of my friend from 

Michigan [Mr. CONGER] would be certainly much more potential in 

favoring this it·em of increase t,o the am out of 237,000 if he ever opposed 

any increase of expenditures. But I can bear witness to the uniform 

consistency of my friend from Michigan. He steadily supports every 

appropriation that is proposed and does it with an earnestness that 

gives force of argument to his utterances. 

Mr. CONGER. If the gentleman will allow me I wish to say that, 

while I cannot at this moment produce it, I will at another time bring 

the gentleman's own statement, made on the floor of this House, that 

he has always found me among the most economical members of the 

House. 

Mr. HOLMAN. I have no doubt I have been trying to conciliate mv friend sometime or other. · Mr. CONGER. I hope the gentleman will never do that at the ex- pense. of veracity. 

Mr. HOLMAN. What I said was certainly in a general way. 

I do not wish to occupy the time of the House further on this item. 

I desire simply one fact to be borne in mind, that we are asked by 

this amendment to appropriate $579,000 more than the expenditures 

of last year, when every contract now being made is made upon a more favorable basis than the contracts which are expiring. 

I do not believe in the argument that appropriations of money can be made safely if there is confidence in the integrity of the Department. You will preserve the integrity of the departments of this 

Government just in proportion as you remove temptation; and the more upright and honorable your Departments are in their heads, the more important it is that by the carefulness and the economy of your 

appropriations you impress upon every department of· the Government the fact that the people through their Representatives do demand economy. 

Mr. GAUSE. Will the gentleman yield to me for a momentt 

Mr. HOLMAN. Yes, sir. 

Mr. GAUS~. It is upon the expenditures-of last year tha.t the gen- tleman bases his argument, is it not f -

Mr. HOLMAN. Yes, sir. 

Mr. GAUSE. I presume, then, that in his estimates for this year 

there is nothing for service upon the new routes. - Mr. HOLMAN. - Certainly there is. 
1876. CONGRESSIONAL RECORD-· HOUSE.'\ 243 

Mr. GAUSE. The great evil we suffer from, and of which we com- plain, is that we have not mail contracts enough. 

Mr. HOLMAN. And IteUmyfriend thatweha~eprovided$342,000 

for that purpose by the bill as it standB. 

Mr. GAUSE. Last year they reduced the contracts on our routes. 

Mr. HOLMAN. That is not the result of the appropriations. Somebody must determine where the postal service shall be put. 

Mr. GAUSE. The Postmaster-General has assured me, and I have no doubt many other gentlemen from the West and South, that it was utterly impossible for him to plaoo service on routes established in the 

West and South, because he had not money appropriated for that purpoe. 

.Mr. HOLMAN. The gentleman must see that the appropriations 

have been ample all the time. 

Mr. GAUSE. I have the assurance of the Postmaster-General to 

the effect I have stated. ~fr. HOLMAN. And if the House rejects this amendment there is 

still $342,000 for the increase of the service. 

Mr. GAUSE. If the appropriations have been sufficient and the 

Postmaster-General bas not placed service on the star lines, what bas 

become of them f 

Mr. HOLMAN. I am satisfied the Postmaster-General has only 

maintained reasonable economy in these expenditures. He cannot put 

service on every mail route. 

Mr. SCHLEICHER. Will the gentleman yield to me for only one minute t 

Mr. HOLMAN. Yes, sir. 

Mr. SCHLEICHER. I believe that there are many members of the 

House who do not understand to what year the gentleman from Indiana refers. This debate ranges over three years. For the present 

year the expenditure is unknown. The gentlemen refers to the last 

yea.r, pas ed in June last, and we are now discussing the appropriation for the year to begin June next. The allowance made for increased demand is 5 per cent. only for each year, but it must be borne 

in mind that the population of Texas, in addition to the natural increase, haa been very largely augmented by immigration. ~fr. HOLl\1A.N. We have only the expenditure for the year ending 

J nne 30, 1876. 

Mr. SCHLEICHER. The amount of increase is allowed only 5 per 

cent., when the increase in our population is larger than that. 

Mr. HOLMAN. I am always afraid when gentlemengetonstatistics 

and figures. 

Mr. SCHLEICHER. I am sure you are. Mr. HOLMAN. I only desire to add a word further upon ~his meas- ure. I wish to say to the g~ntleman from Michigan [Mr. Co:NGER] 

that the ground assumed last fall on the stump, that the attempt on the part of the Representatives of a majority of the people for re- trenchment and reform was but a spasmodic movement and purely 

political, has no foundation whatever. I think I can assure the gentleman from Michigan that there is a determin'ation, so far as this side 

of the House is concerned, without reference to political results, to 

restore if possible economy and integrity to the administration of the 

Government, conscious at the same time that the one method in which 

it can be a.ccomplisbed is by impressing on every department of the 

Government in the appropriation bills that retrenchment is demanded 

and must be bad. I wish him to understand that the movement is 

not spasmodic. 

The question was on the amendment reported from the Committee 

of the Whole on the state of the Union; and ~g put, there were- ayes 71, noes 45. 

Mr. HOLMAN. No quorum has voted. 

Mr. CLYMER. I call for the yeas and nays. 

The yeas and nays were ordered. 

Mr. STONE. I move that the House do now adjourn. 

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

thirty-five minutes p.m.) the House adjourned. 

PETITIONS. 

The following petitions were presented at the Clerk's desk under 

the rule, and referred as stated : By Mr. BANNING: The petition of William Moseley, late a hospital 

steward, United States Army, that the cause of his discharge from the 

service before the term of his enlistment expired be investigated, to 

the Committee on Military Affairs. 

By ~fr. FRYE: The petition of Z. James Belt, John B. Price, and 

other citizens of Wilmington, Delaware, for a commission of inquiry 

concerning the alcoholic liquor traffic, to the' Committee on the J ndiciary. 

Also, the petition of C. K. True, D. D., and other :Methodist Episcopal clergymen of the preachers' meeting of New York City, of similar import, to the sam~ committee. 

By Mr. ·MAISH: The petition of A. H. Jenks, of York, Pennsylvania, late a private in Company E, One hundred and thirty-sixth 

Regiment United States .Army, for a pension, to the Committee on Invalid Pensions. 

By Mr. MACKEY: The petition of Frederick Hoffman, late a private 

in Company H, Fourteenth Regiment United States Infantry, to be 

restored to the pension-rolls, to the same committee. 

By 1\fr. O'BRIEN: The petition of William T. 1\Ialsters, of Baltimore, Maryland, to have paid to him out of the Treasury 3,000 re- tained as fines for not completing the construction of the United States 

steamer Laurel within the time required by the contract, to the Committee of Ways and Means. 

By 1\fr. ROBBINS, of North Carolina: The petition of citizens of 

North Carolina, complaining of abuses by United States revenue offi- cers and asking a change in the revenue laws, to the same committee. 

By Mr. VAN VORHES: The petition of Catharine Sheets, of McConnelsville, Ohio, widow of Daniel Sheets, late captain Company C, 

Seventeenth Regiment Ohio Volunteer Infantry, for a pension for 

herself and her minor son, Willie Sheets, to the Committee on Invalid 

Pensions . Also, the petition of Civilla Shaffer, who was the wife of Emery 

D. Whitehair, deceased, late a private in Company F, Third Regiment 

West Virginia Infantry, of Amos Whitehair and of the guardh'tn of 

Elisa J. Whitehair, that a pension be granted to said Amos and Elisa 

Whitehair from the date of the death of said Emery D. Whitehair 

until they arrive at the age of sixteen years, to the same committee. 

By Mr. WILLIAMS, of Delaware: The petition of Philip Henry, 

late a private Third Regiment Delaware Infantry, for a pension, to 

the Committee on Invalid Pensions. 

By Mr. WOOD, of New York: The petition of the National TemperanceSociety,(WilliamE.Dodge,president,J.N.Stearns,secretary,) 

that the Honse of Representatives concur in the passage of the Senate bill to provide for a commission of inquiry concerning the alcoholic liquor traffic, to the Committee on the Judiciary. 

HOUSE OF REPRESENTATIVES. 

SATURDAY, December 16, 1876. 

The House met at twelveo'clockm. Prayer by the Chaplain, Rev. 

I. L. TOWNSEND. 

The Journal of yesterday was read and approved. 

MESSAGE FROM THE SENATE. 

A message from the Senate, by Mr. SYMPSON, one of its clerks, an- nounced that the Senate bad disagreed to the amendments of the House 

to the amendment of the Senate to the bill (H.R. No. 4121)toprovide 

for the expenses of certain joint committees, asked a conference on the disagreeing votes of the two Houses thereon, and had appointed 

Mr. WINDoM, Mr. LOGAN, and Mr. DAVIS the conferees on the part of 

the Semtte. 

POST-OFFICE APPROPRIATION BILL. 

The SPEAKER. The pending question at the adjournment yesterday was the post-office appropriation bill, which had been reported 

from the Committee of the Whole on the state of the Union with an amendment, upon which the previous question was seconded and the 

yeas and nays ordered. 

The amendment reported from the Committee of the Whole was, in line 63 of the 

printed bill, to strike out "$6,000,000 "and to insert in lieu thereof" i(i,237,993 ;"so 

that the clause would read: 

For inland-mail transportation, namely: For transportation on star routes and by steamboats, and all other than railroad routes, $6,237,993. · 

The question was taken; and there were-yeas 101, nays 77, not 

voting 111 ; as follows: 

YEAS-Messrs. Adams, Ainsworth, Anderson, Ashe, Bauby, William H. Baker, 

Ballou, Banning, Bell, Blair, Bland, Bradford, Bradlex, Horatio C. Burchard, Cabell, 

John H. Caldwell, Campbell. Cannon, Carr, Caswell, Cate1 John :B. Clark, jr., of 

Missouri, Conger, Crounse, Culberson, Davis, Denison, Diorell, Durham, Eames, 

Egbert, Evans, Faulkner, Felton, Finley, Forney, Franklin, Gause, Glover, Goode, 

Hancock, Haralson, Benjamin "\V. Harris, Hartrldge, Hatcher, Haymond, Render. son, Hereford, 8-Qldsm.i.th W. Hewitt, Hill, Hyman, Frank Jones, Kasson, Kelley, 

Frank lin Landers, Levy, Lewis, Lord, Luttrell, Magoon, MacDougall, McCrary, McDill, McFarland, MillS, Monroe, Nort{)n, Oliver, William A. Phillips, Powell, 

Rea, Reagan, James B. Reilly, Rice, Riddle, William M. Robbins, Rusk, Sampson, 

Schleicher, SlemonS, Sparks, Stone, Swann, Terry, Thomas, Throckmorton, Van 

Vorhes, Robert :B. Vance, Waddell, Alexander S. Wallace, Walsh, G.WileyWells, Whitthorne, Willard, Andrew Williams, JeremiahN. Williams, William B. Williams, James Wilson, Alan Wood, jr., Fernando Wood, and Yeates-101. 

NAYS-Messrs. Atkins, John H. Bauley, jr., John H. Baker, Blount, :Boone, 

Bright, John Yonng Brown, Buckner, William P. Caldwell, Candler, Chittenden, 

John B. Clarke of Kentucky, Clymer, Cook, Cowan, Cutler, Fort, Foster, Frye, Fuller, Andrew H. Hamilt{)n, Robert Hamilt{)n, Henry R. Harris, John T. Earri, 

Hartzell, Holman, ~~khreys, Hunton, Hurd, Kehr, Knott, Lamar, Goorge M. 

Landers, Metcalfe, · · en, Morgan, Neal, Pierce, Piper, Poppleton, Potter, John 

Reilly, John Robbins, Savage, Seelye, Sheakley, Singleton, A. Herr Smith, William 

E. Smith, Southard, Spencer, Springer, Stant{)n, Stenger, Teese, Turney, John L. 

Vance, Wait, Waldron, Charles C. :B. Walker, Warner, Warren, Erastus Wells, 

Whitehouse, Whiting, Alpheus S. Williams, and James Willia.ms-77. 

NOT VOTING-Messrs. Abbott, George A. Bagley, Banks, Bass, Beebe, BlMk· 

burn, Bliss, William R. Brown, Samuel D. Burchard, Bnrleigh, Cason, Caulfield, 

Chapin, Cochrane, Collins Cox, Crapo, Danford, Darrall, Davy De Bolt, Dobbins, 

Douglas, Dunnell, Durand, Eden, Ellis, Flye, Freeman, Garfieid, Gibson, Goodin, 

Gunter, Hale, Hardenbergh, Harrison, Hathorn, Hays, Hendee, Henkle, AbramS. 

Hewitt, Hoar, Hoge, Hooker, Hopkins, Hoskins, House, Hubbell, Hunter, Hurlbut, 

Jenks, ThomasL. Jones, Joyce, Kimball, King, Lane, Lapham, Lawrence, Leavenworth, Le Moyne, Lynch, Lynde, Mackey, Maish, McMahon, Meade, Miller, 

Money, Morrison, Mutchler, Nash, New, 0'13rien, Odell, O'Neill, Packer, Page, Pavne, Phelps, John F. Philips, Plaisted, Platt, Pratt, Parman, Rainey, R{)berta, 

Robinson, Miles Ross, Sobieski Ross, Sayler, Scales, Schumaker, Sinnickson, 

Smalls, Strait, Stephens, St-evenson, Stowell, Tarbox, Thompson, Thornburgh, Mar-