1888. CONGRESSIONAL RECORD-SENATE. 8279 

During the delivexy of the above speech, on ~otion of Mr. McCREARY, by unanimous consent, the session was extended beyond 5 

o'clock and until Mr. CHIPMAN had concluded his remr.rks. 

WILLIAM R. ROGERS. 

Mr. THO::UPSON, of Ohio, by unanimous consent, reported, as a 

substitute for House bill No. 511, a bill (H. R. 11362) for the relief of 

William R. Rogers; which was read a first and second time, referred to 

the Committee of the Whole House on the state of the Union and 

with the accompanying report, ordered to be printed. ' ' 

The bill H. R. 511 was ordered to be laid on the table. 

And then, on motion of Mr. McCREARY (at 5 o'clock and 12 minutes p. m. ), the House adjourned. 

PRIVATE BILLS INTRODUCED AND REFERRED. 

Under the rule private bills of the followinO' titles were introduced 

and referred as indicated below: o 

By ~Ir. ABBOTT: A bill (H. R. 11357) for the re]jef of Caroline 

Bartley-to the Select Committee on Indian Depredation Claims. 

B~ Mr. GEST: A bill (H. R. 11358) to correct the military record 

of Lieut. Aaron G. Henry-to the Committee on Military Affairs. 

By Mr. MILLIKEN: A bill (H. R. 11359) for the relief of the estate 

of Nathaniel K . Sawyer, deceased- to the Committee on Claims. 

By Mr. A.. C. THOMPSON: A bill (H. R. 11360) granting a pension 

to R. W. Hubbard-to the Committee on Invalid Pensions. 

By Mr. YODER: A bill (H. R. 11361) to placethename ofSarah C. 

De Frees on the pension-roll- to the Committee on Invalid Pensions. 

PETITIONS, ETC. 

The following petitions and papers were laid on the Clerk's desk 

under the rule, and referred as follows: ' 

By Mr. McKENNA: Resolutions of Knights of Labor, Assembly No. 

6039, Oakland, Cal., for postal-telegraph systems-to the Committee on the Post-Office and Post-Roads. ' 

By Mr. SHAW: Papers in the case of John E. 0' Donnell- to' the 

Committee on Claims. 

SENATE. 

WEDNESDAY, Sep_tember 5, 1888. 

Prayer by the Chaplain, Rev. J. G. BUTLER, D. D. 

The Journal of yesterday's proceedings was read and approved. 

HOUSE' BILLS REFERRED. 

!he following bills received yesterday from the House of Representatives were severally read twice by their titles and referred to the 

Committee on the Judiciary: ' • 

A bill (H. R. 8344) to prevent cruelty to domestic animals· 

A bill (H. R. 9268) to punish dealers and pretended dealers in' counterfeit money and other f1·audulent devices for using the United States 

mails; 

A bill (H. ~· 101~2) to amend an act entitled "An act to make per- sons charged With crunes and offenses competent witnesses in the United 

States and Territorial courts," approved March 16 1878· 

A bill (H. R. 10919) to make valid a deed to a ~ertain' tract of land 

in Bibb. Count_y, Georgia, ~~de and delivered by B.rig. Gen. Davis Tilson, actmg assistant commissioner of the Freedmen's Bureau to Samuel 

I. Gustin, his heirs and assigns; and ' 

A bill (H. R. 11258) for the relief of certain persons who paid additional taxes assessed against them under the act of March 3, 1875. 

CIRCUIT-COURT POWERS. 

The PRESIDENT pro tempore laid before _the Senate the amenament of the House of Representatives to the bill (S. 3234) to abolish 

circuit-court powers of certain district courts of the United States, and 

for other purposes. ' 

Mr. HOAR. I bave looked at the amendment of the House. It is 

in su~stance an e~tirel~ new bill providing simply for a rehearing of 

questions of law m cap1t.al cases. I do not suppose it is necessary to 

have the amendment read. I think it had better be referred to the 

Committee on the Judiciary befme the Senate is asked to take action 

upon it. 

The bill with the Honse amendment was referred to the Committee on the Judiciary. · 

FORT MISSOULA MILITARY ItESERV ATION. 

The PRESIDENT pro tempore laid before the Senate a communication £:om the Secr~tary of 'Yar, transmitting a letter from the commandmg offi~er of Fort 1\hssoula, Montana, and the indorsements 

thereon, relative to the status of the title to the lands em braced within 

the p::esent Ii~its o~ the_ mi~tary reservation at that point, and recommen~ng certamleg1Slat10n m regard thereto; which, with the accompanymg papers, was referred to the Committee on Military Affairs and 

ordered to be printed. ' 

PETITIONS AND 1\I.EMORIALS. 

·:rtrr. SPOONER presented the petition of James Shaahan, late of Company F, Eighth P ennsy 1 vania Cavalry, praying to be allowed an increase 

of pension; which was referred to the Committee on Pensions. 

Mr. TELLER presented a petition of citizensof Gilpin County Colorado, praying for the passage of certain amendments t o the nte tate commerce law; which was referred to the Committee on Interst ate Commercf!. . 

Mr. l\IITC ELL presented a petition of citizens of Columbia County, 

Oregon, praymg for the passage of certain amendments to the interstatecommerce law; which was referred to the Committee on Interstate Commerce. 

REPORTS OF COIDIITTEES. 

:hlr. DAVIS, from the Committee on Pensions, submitted a report 

~ccompa~ied b_y a bill (S. 3513) granting pensions to Powell's Battal- IOn of M1ssour1 Mounted Volunteers; which was read twice by its title. 

He also, from the same committee, to whom was referred the bill 

(H. R. 11021) to increase the pension of Charles Hahneman, reported 

it without amendment, and submitted a report thereon. 

Ur. SPOONER, from the Committee on Claims, to whom was referred the bill (H. R. 6514) for the allowance of certain claims reported 

by the accounting office.~;s of the United States Treasury Department, 

reported it with an amendment. 

Mr. SAWYER, from the Committee on Pensions, t-o whom was re- ferred the bill (S. 3387) granting a pension to Charles S. Hamilton, 

reported it with an amendment, and submitted a report thereon. 

He also, from the Committee on Post-Offices and Post-Roads, to whom 

was referred an amendment intended to be proposed by Mr. STOCKRIDG~ to the general deficiency appropriation bill, reported it favo:ra~ly, and submitted a report thereon; and the amendment, together 

w 1 th the report, was referred to the Committee on Appropriations, and 

ordered to be printed. 

Ur. TURPIE, from the Committee on Pensions, to whom were referred the following bills, reported them severally without amendment, 

and submitted reports thereon: . 

A b~ (H. R. 3152) for the relief of Arlington :hf. Harrington; 

A b~ll (H. R. 10210) to increase the pension of Philip Thomas; 

A btll (H . .R. 9148) to grant a. pension to Jane Robinson; 

-A b~Il (H. R. 6201) granting a pension to John Robeson; and 

A b1ll;{H. R. 7657) granting a pension to Mary Woodworth, widow 

of Ebenezer F. Woodworth. 

Mr. VEST, from the Committee on Commerce, t~ whom was referred 

the bill (H. R. 11262) to authorize the construction of bridges across the Kentucky River and its tributs.ries by the Richmond, Nicholasville 

Irvine and Beattyville Railroad Company, reported it with amend: 

ments. 

Ur. MITCHELL, from the Committee on Claims, to whom was referred the petition of J. W. Parrish & Co., of St. Louis, Mo., praying 

for certain relief, submitted a report thereon, accompanied by a bill 

(S: ~20) for the relief of Joseph W. Parrish, George C. Hadle-y, and 

•William L. Huse, lately composing the firm of J. W. Parrish & Co., of 

St. Louis, Mo~; which was read twice by its title. · 

• BILLS INTRODUCED. 

Mr .. CULLOM introduced a bill (S. 3514) to remove the charge of 

?ese~on from t?e record of William Martin; which was read twice by 

Its t1tle, and, With the accompanying papers, referred to the Committee on Military Affairs. · 

He also introduced a bill (S. 3515) granting a pension to Lottie R. 

Hunter; which was read twice by its title, and referred to the Committee on Pensions. . 

Mr. _GORMA~ introduced a b~ (S. 351G) to further suspend the 

operation of section 5574 of the ReVIsed Statutes of the United States 

!itl~ LXXII, ~relation to guano islands; which was read twice by 

Its title, an?, with the accompanying papers,. referred to the Committee on Foreign Relations . 

. Mr. PALMER ~by requ~t) introduced a bill (S. 3517) granting a penSIOn to Ja~ Snlhvan; which was read twice by its title, and, with the 

accompanymg papers, referred to the Committee on Pensions. . 

He. also (by request) introduced a bill (S. 3518) granting a pension 

to Elizabeth De La Hooke; which was read twice by its title andreferred to the Committee on Pensions. ' 

:hir. ~LAIR_ introduced a bill (S. 3519) granting a pension to Sarah 

D. Lew1s; whlCh was read twice by its title and referred to the Com- mittee on Pensions. ' 

l\1r. F ~~WELL introduced a joint resolution (S. R. 107) limiting 

the ~rovt 1o~ of the act entitled "An act making appropriations to 

.proVIde for the expenses of t he government of the District of Columbia.," etc:, on the subject of overhead electric wires, approved July 18, 

18°8; whwh was read twice by its title, and, with the accompanying 

papers, referred to the Committee on the District of Columbia.. 

"JU.:· SPOONER introduced a bill (S. 35'21) granting an increase of 

pensiOn to James Shaahan ; which was read twice by its title, andreferred to the Committee on Pensions. · · 

.AMEND:U:ENTS TO GENERAL DEFICIEXCY BILL. 

. Mr. PLUMB submitted two amendments intended to be proposed by 

h1m to the general deficiency appropriation bill· which were referred 

to the Committee on Appropriations: and ordered to be printed. 

Mr. PLATT submitt.ed an amendment intended to be proposed by 
• 

8280 CONGRESSIONAL RECORD-SENATE. SEPTE.MBER 5, 

him to the general deficiency appropriation bill; which was referred to 

the Committee on Appropriat~on::~, and ordered to be printed . 

PROPOSED LAND OFFICE INVESTIGATION. 

1\fr. STEW ART. I offer a resolution, which I ask may be read for 

information and referred to the Committee to Audit and Control, the 

Contingent Expenses of the Senate. 

The resolution was read, as follows: 

Resolved, That a committee of fh·e members of the Senate be appointed by the Presiding Officer for the purpose of investigating- !. ' Vhether there has been any improper use of the moneys appropriated by 

Congress for the purpose of protecting timber on the public lands, investigating 

fraudulent claims to the public lands, or for any other purpose connected with 

the administration of the General Land Office. 2. ·whether any fraudulent practices, whereby the public lands are illegally 

acquired, exist, and whether the same are knowingly tolerated by the Commissioner o f the General Land Office. 

3. W hether any d iscriminations have been made by the Commissioner of the 

General Land Office, or any of his subordinates, between citizens of the United 

States in investigating claims to the public lands or in canceling or setting 

aside applications to buy or enter public lands. 

4. 'Vhether there have been any discriminations between persons who haye 

entered upon or fenced the public lands, in the recommendations, prosecutions, or the removal of fences, or any other matter connected therewith, and if a ll 

such persons have been treated alike, or whether some have been allowed to illegall~' occupy the public lands while others have been required to remove · therefrom. 5. W"hether there have be.en any secret compromises between the Commissioner of the General Land Office, 01·any of his subordinates, and influential per- sons or corporations, whereby the Government of the United States has beeu 

defrauded and illegal claims to lands patented. - G. 'Vhether any prosecutions have been recommended by the Commissioner 

of the General Land Office at the instance of persons, or theil· attorneys or agents, having or claiming an interest in the lands to be recovered adverse to the United States. 7. Whether the name of the United States has been improperly used on thtl 

recommendation of the Commissioner of the General Land Office to prosecute citizens of the United States for any improper purpose. 8. Whether the mode of cond-ucting the secret service in the General Land 

Office is fair and impartial, affording to citizens whose rights are affected there- by a fair and reasonable opportunity to be heard before decisions are rendered 

against them, and whether settlers on the public lands are prevented from obtaining pre-emptions and homesteads by secret manipulations of agents or em- ployes of the General Land Office. 

9. Whether the expenses and annoyances to settlers by the operations of the secret service in the General Land Office are r etarding the gro\vth and prosper- ity of the States and Territories where the lands are situated. . And that said committee or any subcommittee thereof shall have power to employ a clerk and stenographer, subpcena witnesses, send for persons and pa- p ers. administer oaths, and sit during the sessions of the Senate and vacation of 

Congress at such places as it may deem advisable. The expenses of said com- mittee shall be paid out of the contingent fund of the Senate. 

Said committee sha 1 have power to report by bill or otherwise. 

The PRESIDENT pro tempore. The resolution will be referred, 

under the rules, to the Committee to Audit and Cpntrol the Contingent 

Expenses of the Senate. 

l\Ir. VEST. Why should the resolution go to the Committee on Contingent Expenses? · 

The PRESIDENT pro tempore. Because it imposes a charge upon 

the contingent fund of the Senate, and the rule provides that in all 

suc·h cnses a resolution shall be referred to that committee. 

1\fr. VEST. Ought it not to go first to the Committee on Public 

Lands in order to ascertain and report as to the propriety of these in·-

vestigations, and then as a subsequent proceeding, as to the clause 

which audits the expenses, it should go to the Committee to Audit and 

Control the Contingent Expenses of tne Senate? 

I simply want to observe that if the resolution is passed it would entail the expense of employing a large additional clerical force, and an 

examination that would extend through months if not years. 

Mr. SHERMAN. I would advise the Senator from Missouri that 

he may make a motion to refer it to the Committee on Public Lands, 

but the rule requires that it shall go to the other committee some time 

before it is acted upon. 

Mr. VEST. I may be mistaken in -regard to the practice of the 

Senate, but my impression is that the first and preliminary question is 

• as to the propriety of the investigation, and then if money is to be expended out of the contingent fund of the Senate in sending for witnesses 

and paying for the services of the employes attending the committee, 

etc., the resolution must go to the Committee to Audit and Control the 

Contingent Expenses of the Senate. That was my experience with the 

committee that was raised on my motion by a. resolution in regard to 

the meat product of the United States. I was advised by the highest 

parliamentary authority here that it would be necessary, as to that 

clause of it which expended money for the necessary expenses of the 

committee to be taken out of the contingent fruid, that it should go 

finally before that committee. But here we commit ourselves, as I 

underRtand it, to the necessity for this examination, or these examinations, for there seems to bA more than a dozen of them, by sending 

simply the question ofthe payment ofthemoneyto the Committee on 

Contingent Expenses. . 

Mr. STEW ART. I do not so regard itat nll. All other resolutions 

proposing investigations have gone first to the Committee on Contingent 

Expenses, and the question as to the propriety of passing the resolution comes up when the resolution is reported back from that committee. 

I do not wish to occupy the time this morning, beec·mse the Senator 

from Florida [:Mr. P .ASCO] desires to speak. When the resolution 

comes back from the Committee on Contingent Expenses, if they report 

favorably, I shall be able to dLcuss the propriety of the investigation 

and to show the necessity for it. I could do it now, but I would rather 

not. 

I will say to the Senator from Missouri that I shall not regard the 

report of theCommitteeon Contingent Expenses as precluding any other 

motion which may be made to !5end the resolution to the Committee on 

Public Lands when it comes back. 

Mr. VEST. Aside from this specific case I am a little interested myself to know what is the practice of the Senate and what would be tho 

result of the report of the Committee to Audit and Control the Contingent Expenses of the Senate. 

The PRESIDENT pro tempm·e. The Chair will have the fourth paragraph of Role XXV read. 

The-Chief Clerk read as follows: 

RULE XXV. 

* * * * • * * A Committee fo Aud.it ::tnd Control the Contingent Expenses of the Senate, to consist of three Senators, to whiC'h shall be r eferred all resolutions directing 

the payment of money out of the contingent fund of the Renate, or creating a. charge upon the same. 

The PRESIDENT pro tempore. The rule is peremptory. 

:M:r. VEST. I have no doubt that at some time the resolution would 

have to go to that committee, but my inquiry extends to another point. 

I should like to know whether every resolution proposing an investigation must first go to that committee and if the report of that committee 

is conclusive· as to the propriety of the investigation. 

The PRESIDENT pro temp01·e. It is not. 

Mr. STEW ART. It is not. 

l\I r. HARRIS. I suggest to the Senator from l\Iissouri that after the 

Committee to Audit and Control the Contingent Expenses of the Senate reports, then a motion to refer the resolution to the Committee on 

Public Lands would be perfectly iu order, and he could test the question then as to whether it &hould go to that committee. 

The PRESIDENT pro tempore. That motion would undoubtedly 

be in order under the rules. The resolution will be referred to the 

Committee to Audit and Control the Contingent Expenses of the Senate, if there be no objection. 

TREATY WITH CHIN A.. 

Ur. SHEHMAN. I submit the following resolution and ask that it 

be considered, if there be no objection: 

Resolved, That the Pre ident is requested, if not incompatible with the public 

interests, to inform the Senate whether the recent treaty ·with China and the 

amendment-s adopted by the Senate have been ratified by the Emperor of China, 

The resolution was considered by unanimous consent, and agreed to. 

Mr. SHERMAN. I perhaps ought to say a word in respect to the 

provisions of the r esolution. After what was said on the :floor yesterday and the day before, it is manifestly due to the dignity of the Senate 

and the good order and conduct of our affairs that we should have official information from the President of the United States in regard to 

the subject-matter of the Chinese treaty before proceeding further. 

The stateGient made yesterday does not even seem to come to us from 

official channels. The resolution has been adopted, and I hope it will 

be answered to-day. It can be answered to-day as well as in a fortnight's time. 

TOLLS ON GOODS EXPORTED TO CA.N A.DA. 

· Mr. HOAR. I desire to make an inquiry of the Chair. Has any 

answer come to the resolution of the Senate passed a week or more ago 

asking the President for corresponden.!e in regard to the observance by 

Canada of the pro viRions of the treaty of 1871 relating to tolld? 

The PRESIDENT pro tempo1·e. No answer to that resolution bas 

been received. 

Mr. HOAR. It seems to me that from the necessity of the case it 

is a matter which could be answered by the executive department in 

a single day. If no such correspondence was bad, why not state it? 

If there be such correspondence, copies of it can be sent. I desire to 

call the attention of the Senate in this way, aJld of the President himself, to the reasons for a prompt answer to that request. 

ARMY APPROPRIATION BILJ.-. 

Mr. ALLISON submitted the following report: 

The committee of conference on the disagreeing votes of the two Houses ou the amendments of the Senate to the bill (H. R. 10234} making appropria~ions 

for the upport of the Army for the fiscal year ending June 30, l · 9, and for 

other·purposes, having met, after full and free conference have agreed to rec- ommend and do recommend to their respective Houses as follows : That the Senate recede from its amendments numbered G, 12, 18, 19, 22, 24, 

and '1:1. 

That the House recede from its disagreement to the amendments of the Sen- ate numbered 1, 2, 3, 4, 5, 7, 8, 9, 10, 13, 14, 1:>, 16, 17, 20, 21, 23, 26, 2 , 29, W, 31, and 

34, and agree to the same. That the House recede from its disagreement to the amendment of the Sen- ate numbered 11, and agree to the same with an amendment as follows : Insert after the word" charge," in line 1!1. page i> of the bill, the words" or over any of the bond-aided Pacific railroadsj" strike out in line 21, same page, the words 

"last-named railroad,'' and insert1n lieu thereof the word •• railroads:'' and in 

lieu of the mattet· proposed to be inserted by said Senate amendment insert the 

following: 

"And rodcledft,!·Lhe~ -. 'rhat the transport.ation furnished by the Quartermnster's Department to officers traveling without troops shall be limited to trans• portation in kind, not including sleeping or parlor car accommodations ovu 
1888. CONGRESSIONAL RECORD-SENATE. 8281 

free roads, over bond-aided Pacific railroads, and by conveyance belonging to · Mr. PASCO. If the formal morning business is closed, I will take 

the said department." the floor and yield to the Senator from Illinois. . 

~h~ tft~ ~~~~~ ~~~!:ietrr~hr! ~~:Ud~~agreement to the amendment of the s~nate The PRESIDENT pro tempore. If there be no further morning businumbered 25 and agree to the same with an amendment as follows: In lleu of ness, that order is closed, and the Chair lays bef~re the Senate the reso- tbe sum proposed insert "$42,000;" and the Senate agree to the same. lntion offered by the Senator from New Hampshue [Mr. CHA.r DLER], 

On amendments numbered 32, 33, and 35 the committee of conference has been on which the Senator from Florida is entitled to the floor. 

unable to agree. w. B. ALLISON. Ur. HARRIS. The Senator from Florida said he would yield to the 

P. B. PLUMB. Senator from Illinois. I ask both the Senators if they will do me the 

Managers on the pm·t of the Senate. kindness to yield to me in order that I may dispose of a motion to re- R. W. TOWNSHEND. J h 11 t JOSEPH D. SAYE.ES, consider, with the declaration that if it takes three minutes s a no .Managers em the part of the House. ask for further indulgence. 

Mr. ALLISON. I move that the Senate concur in the report. Mr. P .A.SCO. I am willing to yield. 

Mr. PLATT. We get very little idea of the progr~s which has been CHURCH OF ST. PETER AND ST. PAUL. 

made by the committee of conference from the readmg of the confer- Mr. HARRIS. The bill (H. R. 1073) for the re~ef of the lwman 

ence report it simply referring to the amendments by numbers. I Catholic Church of St. Peter and Et. Paul at Chattanooga, Tenn., was wish the Se~ator from Iowa· would tell us in a short statement to wh~t passed by the Senate, when the Senator from Oregon [Air. MITCHELL] 

the conferees have agreed and to what they have not agreed. moved to reconsider the vote b:v which it was passed, because he proMr. ALLISON. The amendments agreed upon are the arq,endme~t.s poses to amend the bill in one.of its verbal.ex_pressions. I shall_have 

in detail. The amendments not agreed on are the amendments relatmg no objection to the amendment except that 1t mvolves the necessity of 

to the question of public defense in respect to fortifications, etc. the bill going back to the other House, and that I do not propose t~ deMr. PLATT: What is the amendment to which a further am~nd- bate. I ask that the motion of the Senator from Oregon to reconstder 

ment has been agreed to, relating to the Canadian Pacific road? I did be now taken up and disposed of. 

not catch it. . The PRESIDENT pro tempore. The Senator from Oregon [1\fr. 

)1r. ALLISON. There is nothing in the bill relating to the Cana.- MITCHELL] moves to reconsider the vote by which the bill (H. R. 1073) 

dian Pacific road. The Senate inserted a provision prohibiting the for the relief of the Roman Catholic Church of St. Peter and St. Paul 

Quartermaster's Department from furnis~g transportation to officers at Chattanooga, ~enn., was passed. Is the Senate ready for the queswho are traveling without troops, otherw1se tJ:a.n ~y conveyance be- tion on the motion to reconsider? 

longing to the department. On a further exammat10n of the amend- The. motion to reconsider was agreed to. 

ment it was found that we ought also to exclude the land-grant roads· The PRESIDENT p1·o tempore. The vote by which the bill was or-

.and the Pacific railroads, so that transportation could be furnished by dered to a third reading will also be reconsidered, if there be no obthe Quartermaster's department on those lines, and the necessary iection · and the bill is before the Senate and open to amendment. 

changes were made to accomplish _that object. . Mr. inTCHELL. I move to amend the bill, in line 14, on page 2, 

Ur. PLATT. I mistook the reading. I thought It was read as an by striking out the three words " between the States." 

item relating to the Canadian Pacific road. The PRESIDENT pro tempore. The amendment will be stated. 

Mr. ALLISON. It has relation only to land-grant roads and the The CHIEF CLERK. In line 14, after the word "war," it is proPacific railroads. . posed to strike out the words "between the States;" so as to read: 

The PRESIDENT pro tempore. The question is on concurring in the - ·For stone and all other building materials taken and used during the war of 

report of the committee of conference. 1861, etc. 

The report was concurred in. . The amendment was agreed to. 

Mr. ALLISON. I move that the Senate agree to the request of the The amendment was ordered to be engrossed and the bill to be read 

House of Representatives for a further conference on the amendments a third time. · 

not agreed upon. The bill was read the third time, and passed. 

The motion was agreed to. Mr. MITCHELL. I move that the Senate request a conference with · By unanimous consent, the President pro tempore was authorized to the House of Representn.tives on the bill and amendment. 

appoint the conferees of the further conference on the part of th~ Sen- The motion was agreed to. . . 

ate, and Mr. ALLISON, Mr. PLUMB, and 1\fr. GoR~IA.N were appomted. By unanimous consent, the President p1·o tempore was anthonzed 

MESSAGE FROM THE HOUSE. to appoint the conferees on the part of the Senate; and Mr. MITCHELL, 

A messa~re from the House of Representatives, by Mr. T. 0. TOWLES, ::M:r. SPOONER, and Mr. HARRIS were ~ppointed. 

its Chief Clerk announced that the House had disagreed to the amend- DISTRICT ELECTRIC WIRES. 

ments of the Senate to the bill (H. R. 10998) making appropriations Mr. FARWELL. I now call up Order ofBnsiness 2206. 

for fortifications and other works of defense, for the al'Dlament thereof, The PRESIDENT pro tempm·e. Does the Senator from Florida yield 

for the procurement of heavy ordnance for trial and service, and for to the Senator from Illinois? 

other purposes, agreed to the conference asked by the Sen~te on the Mr. pASCO. I yield with the understanding that the matter will 

disagreeing votes of the two Houses thereon, and had appomted Mr. not lead to discussion. 

SAYERS, Mr. FORNEY, and Mr. BUTTERWORTH as managers at the con-, The PRESIDENT pro tempore. The resolution will be read. 

ference on the part of the House.. . The Chief Clerk read the resolution reported adversely by Mr. FARThe message also ann_onn~ed tna;t t~c Honse had passe~ a btU (H. WELL, from the Committee on the District of Columbia, September 3, R.ll087) to establish a cucmtand distnctcourt at Johnson C1ty, Tenn., 1888 as follows: 

in which it requested the concurrence of the Senate. Res~lved That the commissioners of the District of Columbia be, and they are hereby, di~ected to revoke any permit granted for the erection of overhead 

electric wires. ENROLLED Bll.LS SIGNED. 

The message further announced that the Speaker of the H?use had 

signed the following enrolled bills; and they were thereupon Signed by 

the President pro tempore: 

.A. bill (S. 2371) granting a pension to J acob Pitner; 

.A. bill (S. 2716) granting a pens~on to Carl M. Schwantes;_ 

A bill (S. 2871) granting a pensiOn to Mrs. Sarah J. Martm; 

.A. bill (S. 3035) to grant a pension to William Thields; 

.A. bill (S. 3118) for the relief of Mathew 0. Regan; 

.A. bill (S. 3178) to remove the political disabilities of William L. 

Bradford; and 

Mr. FARWELL. I move that the resolution be indefinitely post· 

poned. . . . · The PRESIDENT pro tempore. The question IS on agreemg to the 

motion of the Senator from Illinois to postpone the resolution indefinitely. 

Mr. CALL. I think that is the resolution which was discussed at some length some time .ago upon the motion of the Senator from Vermont [Mr. EDMUNDS], and by a vote of the Senate the matter was re- ferred to the Committee on the District of Columbia, with a decided 

expression of opinion on the part of Senators in favor of revoking any 

authority that had been given. .A. bill (S. 3364) to provide for an Americ::m register for the steamer 

Saginaw, of New York. Mr. F .A.RWELL. If my friend from Florida will permit the short 

report to be read which is made on this subject, I think ~e will interyesterday, I pose no further objection. I call for the reading of the report. 

ORDER OF BuSINESS. 

Mr. FARWELL. In pursuance of the notice I gave 

move to take up Order of Business 2206. 

The PRESIDENT pro tempore. The Chair does not feel at liberty 

to enteTtain that motion now, unanimous consent having been given 

that at the close of the formal morning business the Senat.or from Florida 

[Ur. PAscol should be entitled to ~ddress the Senate on the resolution oftbc Senator from New Hampbue [Mr. CHANDLER]. . 

Mr. FARWELL. It wijl take but a moment to dispose of the resolution reported from the Committee on the District of Columbia. I 

ask unanimous consent to call it up. 

The PRESIDENT pro tempore. Consent must be given by the Sen- ator from Florida: · · 

I 

The PRESIDENT pro tempore. The report will be read. 

The Chief Clerk read the report submitted by Mr. FARWELL September 3, 1&38, as follows: -

The Committee on the District of Columbia, to whom was referred the order 

of the Senate referring letter of the <;ommission.ers of the Di~tr!ct of Columbia, with instructions to report a reso.luhon requestmgthe<;ornJ?=USSlOners to revoke 

any permit granted for the erectiOn of O'.'erbead electnc Wires, re~ort: 

The Eckington and Soldiers' Home Railway Company was duly mcorpor~ted 

by act of Congt'ess approved J nne 19, 1888. The corn pan v was duly or~amzed 

under its caarter. and in good faith entered into cont_racts for the ent1re con- struction and equipment of the road, contracts a.mountmg to some $53,0JO. The 

!l!i;t of incorporat1on authorized the use of electricity as a motive power. A per- mit was obtained from the District commissioners, coqtracts made for the elec-
8282 CONGRESSIONAL -RECORD-SENATE. SEPTE~ffiER 5, 

trical equipment, arid work was in progress at the time this resolution was introduced. 

After a. full investigation of the subject the committee recommend that the 

resolution herewHh reported by order of the Senat.e do not pass. The testimony before the committee shows that an electrical current of 400 or 500 volts potential is not dangerous to human life. The testimony is overwhelming and conclusive on this point. The current to be used on the Eckington road will have a. potential of about 400 'Volts. 

The testimony shows tiiat under-ground conductors cost about ten times as much as overhead conductors, and that it is doubtful whether any form of con- duit would operate successfully and satisfactorily on this unpaved street. About 1 mile of the road is within the city limits. It is .doubt.ful whether the 

authorized capital stock would suffice to construct this mile of double track 

with an under-ground conduit and equip the balance of the road. 

The route is through a section of th:e city but little improved, many squa.res being entirely destitute of buildings of any kind. All the streets, roads, and avenues on which the tracks .are to be laid are now without pavements. Neat ornamental iron poles are to be used with a cluster of electric lights on every other pole. As it has been shown that there is no danger in overhead lines, that the poles 

and wi1·es are but little if any obstruction on the street, that overhead lines have 

been generally adopted, and are generally successful, while conduits are u.s yet 

somewhat of an experiment, that the great cost of the conduit system, as well as the unpaved condition of the streets Illil.kes it impracticable in the present case, your committee fail to see any reason why the Senate should interfere with the 

construction of this road, the officers of which have been proceeding in good 

faith, in strict compliance with the law, and with the desire of improving the means and methods of transporting the public in the northeast section of the 

District. Your committee deem it of great interest l.o the Dist.rict that the electrical 

system of propelling street-caxs should have a. fair trial, as it is well known tha,t 

the street-car system of Wash!ngton is not up to the st::mdard of other cities of 

equal size. 

Congress has reserved the right to amend and alter the charter of the Ecking- ton and Soldiers' Home Railway Company, and should the overhead electrical 

system after a fair t.rial prove unsatisfactory, it is then tim~ for such action on the part of Congress as is contemplated by the resolution. 

The testimony taken by the committee is herewith appended. 

, Mr. FARWELL. I do not care to have the testimony read. The 

report of the committee is a unanimous one. I ask for a vote on my 

motion that the resolution be indefinitely postponed. 

The PRESIDENT p1·o tempo1·e. The Senator from illinois moves that the resolution reported by the committee be, in accordance with its re~ommendation, indefi.nitely postponed. 

Mr. CALL. I do not think this matter ought to be pressed in the 

absence of the Senator from Vermont [Mr. EDMUNDS]. I suggest that 

the resolution be allowed to stand until his return. For myself I 

should make no objection to the passage ofthe resolution. 

Mr. HARI·US. If the Senator from Florida will allow me, I will 

state that I am informed the Senator from Vermont will be absent for 

about a week. Under the provision in the District appropriation bill 

jf this work is not done before the 15th of September it can not be done 

at all, and the delay asked by the Senator from Florida is simply the 

defeat of the particular parties interested in that enterprise. 

Mr. CALL. I shall not make any further opposition to it. I am sensible of the fact that the city of Washington is one of the most cor- poration-ridden communities in the world, and many acts of incorporation are heedlessly passed, in my opinion. The fact that certain parties 

may lose their contracts ought not to be considered in a matter of this 

kind where the nnblic interest is concerned. But as the act of incorporation in this ease contains a provision reserving the power on the 

part of Congress to alter and amend it, I shall make no further opposition to the indefinite postponement of the resolution. 

Mr. VET. Mr. President-- . Mr .. f ASCO. If this matter is to lead to discussion I shall ask that 

it be postponed until after I conclude my remarks. 

The PRESIDENT pro tempore. The Senator from Florida has a right 

to call for the regular order. 

Mr. VEST. ! .have no extended remarks to make. I simply wish 

to prefer a -req_u.est that this matter shall go over nntil to-mo:rrow. I 

have some papers bearing upon it, which I left at my residence this 

morning, and I want to refer to them, and I want to examine the re- port of the committee and the evidence, which I have not had time to 

do. I ask to have the resolution go over until to-morrow morning. 

:Mr. FARWELL. Will my friend call it up then? I may not be 

here. 

Mr. VEST, I have not the slightest o~ie'hion; but I suppose the 

Senator ftom Tennessee [Mr. HARRISJ will take that task upon himself. If he is absent and the Senator from illinois also, I will pledge 

the Senator from Illinois to call it up. 

Mr. HOAR. Let it b~ agreed that it be the first business to-morrow. Mr. FARWELL. I have no objection to that course. The PRESIDENT pro tmnpo1·e. The Senator from Illinois asks 

unanimous consent that the consideration of this resolution be re- sumed to-morrow mornin!Z at the conclusion of the routine business. 

Is there objection? -

Mr. TELLER. I suppose that will be with the understanding that 

it shall noi) interfere with the bill we have under consideration. 

Ur. HARRIS. The bill will not come up until 2 o'clock under the 

rules anyway. The PH.ESIDENT pro tempore. Is there objection to the request? 

The Chair bears none, and it is so ordered. · 

!1r. PASCO. Mr. President--

Mr. JONES, of A~kansas. There is another resolution, as I understand, reported hy the Senator from Jl..linois [Mr. FARWELL] pending 

before the Senate relating to the wires for electric light-s. I desire to 

ask the unanimous consent of the. Senate that that resolut,ion be re- committed to the Committee on the District of Columbia. My purpose 

in ash."ing that is this, certain companies report that they have invested a large amount of money in their enterprises; that they have expended between four and five hundred thousand dollars in an honest effort to 

organize the system of electric lighting; that they have spent $30, 000 

in an effort to discover some means of conducting electricity under- ground, and they desire before there is any action taken on the report 

by the Senate to have the committee give them a hearing, and hear 

what they have to say. 

It occurs to me it is nothing but common fairness that these people 

who have a large amount of money invested in this enterprise shall 

have a bearing by the committee before there is any positive action on the part of the Senate, and for that reason I ask una.nim(lus consent that 

the re.<;olution be recommitted to the Committee on the District of Columbia. I presume there will be no objection to it. 

The PRESIDENT pro tempot·e. The Senator from Arkansas asks 

unanimous consent that the joint resolution (S. R. 105) to restrain the 

erection or maintenance of overhead electric motive power and electriclight wires in the cities of Washington and Georgetown may be recom- mitted to the Committee on the District of Columbia. Is there objection? The Chair hears none, and it is so ordered. 

THE LOUISIANA ELECTION. 

The Senate resumed the consideration of the resolution submitted 

by Mr. CHANDLER July 19, 1888, in reference to the election held in 

Louisiana April17, 1888. 

l\fr. BLAIR. Before the Senator from Florida proceeds, he will permit me to say that my colleague [Mr. CHANDLER], the author of thiS 

resolution, and to whom I have some reason to suppose the Senator 

may have occasion to ad~ert in the course of his remarks, is necessa- rily absent from the city, and will not be here until the first of ne•t 

week. The Senator from Florida has kindly postponed his speech sev- eral times, and I do not feel that I have a right to ask him to do so any 

longer. I simply desire that it may appear of record that ni.y colleague is absent. 

Mr. PASCO. I was about to preface my remarks with the statement that I had not desired to proceed in the absence of the junior 

Senator from New Hampshire [.Mr. CHANDLER], but learning that his 

absence will continue some time longer~ and learning also from his colleague [Mr. BLAIR] that he does not desire that it should be postponed longer in consequence of the absence of the junior Senator as far as speeches being made upon the resolution are concerned, and also in 

view of the fact that he will have abundant opportunity to reply to 

anything I may say after his return, I have decided not to postpone 

further the remarks which I propose to submit. 

Mr. BLAIR. I do not like to be understood as saying that I did not 

desire a further postponement, but I think it would be taxing the ceur- tesy of the Senator from Florida to ask it. 

:M:r. PASCO. I will put it upon that ground, then. 

The PRESIDEN1' pro tempore. The Senator from Florida. is entitled 

to the floor. 

Mr. PASCO. Mr. President, the undigested miscellaneous matter 

collected by the junior Senator from New Hampshire, or under his su- pervision, does more credit to hls industry than to his judgment. He 

seems to be desirous of emulating the zeal anil energy of his colleague, 

but there is this difference between them: The senior Senator has often 

exerted himself to benefit the people of the South, to extend the advantages of education, to unite them in efforts for the improvement of 

the condition of the ignorant and the advancement of the colored race to a higher and better intellectual and .moral condition; the j nnior Senator strives to kindle anew the smoldering embers of the past, to revive 

the bitterness and ill-will that is fast fading into forgetfulness, and to 

create fresh antagonisms between the people of different races in the 

South, who are for the most part living together in friendly and peaceful re1ations. 

No lover of his country can srncerely desire to see the Southern States 

remanded to the condition which followed the second reconstruction. 

It is the darkest chapter in the history of the country. States were robbed by political adventurers and burdens placed upon the industry 

of the people which will be felt for generations. ill-will and bitter- ness and prejudice were stirred up for selfish and partisan purposes be- _ tween the white and black people. Men who bad no residence or interest in these unfortunate States aspired to and reached the highest 

positions of honor and trust and impudently pretended to represent the 

peciple. The black man was induced by flattery and deception to band 

against his old friends, and the social and business relations. of society 

were disturbed and overthrown. Elections were carried without l'egard to the votes that were cast. Crime went unpunished; and the 

condition of the Southern States became so deplorable that it at last 

roused the slumbering indifference of the people of the North. 

To give some idea of the condition of things in the State which I have 

the honor in part to represent during the period referred to, I submit a recent letter written by Harrison Reed, the first governor under the 
. 

I 

1888. CONGRESSIONAL RECORD-SENATE. 8283 

reconstruction acm of Congress," to the editor of a new Republican paper 

published at Tallahassee by a colored man. :Ur. Reed bas always been a Re~ublican of the straightest sect, and 

was in a position to kuow the truth as to the unfavorable statemenm 

he makes with reference to his party friends who elevated him to office. 

This letter appeared in the Times-Union, the leading daily paper in our State, published at Jacksonville, in im issue of June 19, 1888. 

SOUTH JACKSONVILLE, June 8,1888. 

Editor Stale Capital: 

SIR: I am under obligation for the courtesy of a copy of your initial number, 

the receipt of which brings back the past in vivid review, and recalls acha.pter 

of political experience which, for the honor of mankind, I would be glad never to have opened, but which confirms the doctrine of human depravity to a degree 

si-ckening to the philanthropist, and causing him to bow to the Almighty whose· power compels even the "wrath of man to praise him." . . When I first visited your beautiful city the State, desolated by the war, lay 

prostrate in the hands of the soldiery, and all classes were looking with anxious 

longing for the restoration of constitutional government. · The old slaveholding aristocracy which bad forced the war to maintain its supremacy; the masses who had gallantly sustained the decree of their political lords and fought for a cause which, if successful, was to degrade their own manhood and establish sla-- very and aristocracy in place of freedom and democracy; the negro who had never before po sessed his own manhood; the camp-followers. army bummers, 

and military adventurers, hunting for place and plunder; the loyal, patriotic 

citizen who honored the nation and labored for law, order, peace, and good gov- ernment, all these heterogeneous and antagonistic elements were t~ be harmonized under a civil government guarantying freedom and equal rights. No master, no slave. no legalized aristocracy or subservient democracy, no class distinctions, but all subject to a. common law. In the wake of the FederalA.rmycametheFreedmen's Bureau, a grand philanthropic conception of the paternal Government, well designed to protect the 

emancipated slave and educate him in his new responsibilities, but in the hands 

of unprincipled military adventurers perverted to personal, political, and mer- cenary purposes, and thus made a curse rather than a blessing, and finally 

through fraud and corruption demoralizing the freedmen and debauching them to the vilest ends of personal gratification and aggrandizement. So the" carpet-bagg-er" became a synonym of disgrace for the Northern immigrant as significant and odious as that of" abolitionist" had been in the days of slavery. Free negroes from the North, educat-ed in deception and adepts in 

the less reputable characteristics of low demagogues, came in to assist the white 

"carpet-baggers" and take charge of the churches, schools, and moral and po- litical interests of the colored race. These black saints traded upon the igno- rance, superstition, and credulity of the freedmen, and bartered their souls for 

gain. And yet under all tho o.dlverse circumstances there bas been a steady ad vance in the civilization and education of your race, and nothing gives a. better index of this progress than the establishment of newspapers lJy colored men now qualified for tho editorial and mechanical management. It is a wonderful contrast, the well-fed, well-dressed, intelligent communities 

of freedmen, with the former squalid assemblages hanging upon the instructions 

and awaiting the beck of political demagogues and low adventurers who" stole 

the livery of heaven to erve the devil in.'' I congratulate you on your Capita}.. and assure you that I have lost nothing of my interest in the advancement and prosperity of your race and the material 

development ot that 1·iclt and most beautiful section of the State, in behalf of 

whose interest I sacrificed years of earnest effort and endured the injustice of 

treacherous allies and unscrupulous political foes. I wish you and your Capi- tal great snccess in advocating the principles of freedom and equal rights, and 

in promotin ~ lbe moral aud material progress of the freedmen and their pros- perity. In the bonds of true Democracy and Republican equality, I remain, 

Very truly and respectfully, HARRISON REED. 

One by one these States threw off the yoke, the governm'3nts estab- lished by these adventurers in the name of the Republican party fell 

to pieces, and the Democratic part.y came into power from Virginia to 

Texas. The political clu1.nge was followed by prosperity and peace, ana no man can shut his eyes to the fact that the advance and progress 

that have been made in the southern part of our country during the 

ele\en and a half years since the last of the Southern States came under Democratic rule is without a parallel in that section. 

A few :figures with reference to Florida will illustrate this. 

The assessment of property for taxation in Florida was, in 1876, 

$:!9,688,337; in 1887, $84,860,564. The number of miles of railroad 

in operation was, in 1876, about 500; in 18 7, ~. 111. The number of 

schools was, iu 1876, 676; in 1887, 2,103. The money expended for 

their support was, iu 1876, $158,846.36; in 1887, $449,299.15. 

But the uphea\'al of society caused by the war aud its results, and 

the social and political revolution which was brought about by the 

second reconstruction and the carpet-bag ~overnments which were es- tablished in the various reConstructed States under it, left behind them 

disturbed and irritating conditions, aud 1hose upon whom the burdens 

of government were placed found themselves confronted with social 

and political questions which required the greatest wisdom and pru- dence to solve. It ought to be a._source of congratulation to rightthinking men of all pru·ties that so few mistakes were made, that there 

bas been so much material progress, that kindlier relations were so soon established between the white and black people, and that the 

capitalists and business men of the North having confidence in the new governments were willing to invest their money with us and aid 

in the development of what they were pleased to term "the New 

South." 

If we bad been endowed with the wisdom of serpents and the harmlessness of doves and the patience of sai.nm perfect peace and tranquillity might have followed. But our people were men with like passions 

and impulses that influence and control human beings elsewhere. 

There were, as I have already said, disturbing and irritating conditions 

still in existence, and here and there they have borne fruit. It would 

have been in accordance with the history of mankind in other times 

and in other countries under similar conditions if there had been a large 

increase of crime and an epidemic of bate and violence. It is credit- able to both raees who live in the South that this bas not been the case in this instance, and that the percentage of crime among us will compare favorably with that of other sections of our common country that 

have not had like difficulties to contend with, when all the facts and 

circumstances are taken into consideration. 

But there is a large class of people at the North who are displeased 

because our States have ceased to give Republican majorities. They 

do not realize how odious the Republican party became in the South 

because of the misgovernment of our States by those who wore its livery, and they give credence to every slander and misrepresentation that 

is uttered with reference to our condition. A.nd when some wrong actually occurs and some crime is committed it is heralded abroad, not as affecting simply the community or locality where it happens, but as an index of a state of things existing universally all over the Southern 

country. · 

In the days when the carpet-bag element ruled the Southern States 

election frauds were common. I can speak from my own personal 

knowledge as to one State. It is doubtful if any fuir election took place 

in Florida from 1868 to 1876. I could fill a volume with well authenticated details if I had time. Force and fraud, repeating and ballotbox stuffing, suppression of returns and miscounting of votes were the 

order of the day. I propose to give one memorable instance of this fur- ther on. My information and investigations have convinced me that 

these crimes wer~ot confined to Florida. 

After such an experience it is quite probable that offenses of a similar nature have been committed here and there since those days by 

Democrats. But there is no basis for the wholesale charges that are made against the entire South because ~rongs have sometimes been 

committed. If newspaper reports were accepted as true with regard to 

elections at the North as they are with regard to those at the South, we might readily believe that our entire system of government had failed. 

But I ~ave no d6IDre to make any attacks upon other States on sectional 

lines. I simply stand upon a fair defense of my own State and section. 

We listened recently for two days to the Senator from New Hamp- shire [Mr. CHANDLER], who bas placP...Al upon the record extracts from 

newspapers containing accounts of murder, riot, arson, and election 

frauds alleged to have occurred in different parts of the South during a 

series of years-some of them in my own State. He bas read letters 

from pa11iies whose names are not given, and so far as the Senate is con- cerned anonymous, editorials from partisan sheets, and other matter of a similar nature with the,avowed purpose of instituting an investiga- tion into the late election in Louisiana and questioning the right of 

the newlv-elected Senators to their seats. 

If the investigation were really desired, it would seem to be be-.coming to reserve the details till they were actually a.s<'.ertained by legal 

evidence. There is no need of haste, for one of these Senators will not 

have to apply for his seat till 1889, the other till 1891. It is unfair 

and unjust to prejudge the hearing by ex parte and anonymous statements. It can have no other object than to supply campaign mate- rial for the Republican party in the present campaign without regard 

to its truth or falsity. It recalls the letter which was sent in 1874 by 

Thomas J. Brady to the editor of the Union, Rensselaer, Ind.: 

RooMS o.P THE STATE CE~\'TRAL CoMMITTEE, 

Indianapolis, September 3, 1874. 

DEAR Sm: I desire to call your attention to the horrible scenes of violence 

and bloodshed transpiring through the South, and suggest that you give them as great prominence as possible in your paper from this time till after the election. 

EDITOR OF UNION, 

Rensselaer, Indiana,. 

THOl\IA.S. J. BRADY, Chairntan. 

The Senator has seen fit to trace all the crimes in his catalogue to 

political causes without a shadow of evidence or a word of proof, and 

in this way an indictment is drawn against,the Democratic party in 

the entire South and against every Southern State under a Democratic 

administration, charging them with wholesale crimes against the elective franchise. 

An equally effective indictment might be prepared against theN orth- ern States by any industrious man with a pair of scissors and a pot of 

paste and the files of the Police Gazette and such like repositories of 

sensational literature. Murder and arson and robbery and crimes 

against the elective franchise are not sectional. Af3 long as human 

nature continues unchanged, weakness and passion and lust will be the 

fruitful sources of crime. 

Add a partisan bias and connect a party purpose to each case in the 

catalogue and an unscrupulous campaign worker might make a strong 

prima facie case against the peaceful aud l::).w-abiding people of Northern 

communities as has been done against the Southern people. 

No such condition of things erism throughout the Southern country as one would naturally believe after reading the partisan scrap-book 

industriously prepared by the junior Senator from New Hampshire and 

worked into his recent speech. 

The proposed investigation can not be completed before tbe election, 

and in the mean time what he has said goes before the country for the use of stump orators, partisan newspaper editors, and campaign mana- gers, with an apparent authentkity, because it appears in the proceed• 
8284 CONGRESSIONAL RECORD-SENATE. SEPTE~ffiER 5, 

ings of the Senate and goes out through the mails under the franks of· 

Senators. 

It is a good enough story till after the election and then all interest 

in the investigation on the part of the Senator who is urging it on will 

probably cease. . Statements of this kind are made so often and so recklessly by Republican partisans that it is actually believed by many people at the 

North, who have not the disposition or the energy to investigate for 

themselves, that honest elections are unknown throughout the South, 

that it is dangerous to advocate the principles of the Republican party 

there, and unsafe to vote the Republic..'tn ticket on election days, and 

that the votes of Republicans when casb are not fairly counted, but are 

systematically and willfully miscounted or suppressed. 

A distinguished citizen of Florida, who came to our State in 1871 n.nd 

formtrly held a prominent position in the Republican party and ·filled 

successfully the office of postmaster at Jacksonville, one of the most 

responsible positions in the .State, while his party had control of the 

national administration, is now editing a weekly paper at Eustis, one of our flourishing towns, settled very largely by people from the North. 

A few months ago he received a letter trom a former Northern friend 

who bad accepted as true the ofli-repeated stories of force and fraud in 

Southern elections and blamed him for upholding such practices. Mr. 

Hamilton Jay, the gentleman I refer to, in replying to the letter sets 

forth his opportunities for gaining correct information as to the condi- tion of affairs in Florida and gives a fair statement ot: the record of our 

people on this question, and I submit his reply as published in his 

paper, hoping that, as it comes from a former Republican, it will re- cei\·e attention among the old party associates of Mr. Jay, who will 

perhaps give it greater credit tbau if it came from one who was identified with the South prior to and during the late war. At this point I 

nsk the Secretary to read what I send to the desk. 

The PRESIDENT pro tempore. The Secretary will read, if there be 

uo objection. 

The Secretary read as follows: 

DIDIOCRATIC FRAUD. 

A valued correspondent at the West, in renewing his subscription to the Lake 

Region has this to sa.y: "I like your paper with the exception of upholding 

Democratic fraud in the South." 1 propose to drop the editorial "we" and answer this letter p ersonally. I am n. Northern ma.n by birth and education, and came to Florida. in 1871. For nearly ten years I was prominently identified with the Republican party in Florida 

I.Jolh in a journalistic and official capacity. In the nationa.l election of 1876 I had 

charge of the United States soldiers at the polls in .Jefferson County, and during 

the work of the returning board at Tallahassee I was editor of the Daily Union, n. stalwart Republican newspaper, then published a.t .Jacksonville. In April, 1 17, I was appointed postmaster of .JacksonviJJe. In 1880 I became profoundly convinced that the Republican party as then con- stituted (and it is now composed of the same elements) was not the party to which the interests of the State could be properly committed. It was ignorant, 1·a pacious, and unpatriotic, based entirely on the spoils doctrine, and utterly 

lacking in the nobler principles of political honor. For holding those opinions 

and refusing to sacrifice my self-respect at the demand of party leaders I was removed from office by the professional politician who masqueraded as President after the death of Garfield at the instance of another professional politician 

who was t}len misrepresenting Florida. in the United States Congress. I was r.emoved against the protest of ninety business houses of .Jacksonville. 1 state these facts not from any spirit of vain-gloriousness, but simply to show 

that I am fully competent to speak upon the subject alluded to by my correspond- ent. Of coqrse I only speak for Florida, and I state most solemnly and truthfully that I have never seen a negro intimidated by a. Southern white man in 

his exercise of the election franchise. On the contrary, I have on mora than one occasion seen Southern white Democrats go with negroes who hesitated to approach the polls, and stand by their side while they voted the ticket they desired to vote, the Republican ticket. In Florida every man votes as he chooses, without let or hinderance. 1\Iost 

of them vote Democratic, because they find under a Democratic government 

honesty, intelligence, and a wise and patriotic administration of affairs. 

The patience and forbearance of the Southern white people during the trying 

times from 1868 to 1876 can not be too highly commended. 1 have known two cases of "Southern fraud" to be tried in the United State!'! courts in Florida . In one, "Yellow Bluff," Republicans were tried and acquitted; the other," Bre- vard County," where the Democratic candidate for Congress was acquitted, 

and the Republican county clerk was convicted. In both cases the courts were entirely in the hands of Republican officials. 

The Eustis Lake p,egion will never uphold "Southern fraud" or any other fraud while I have editorial management of it, nor will it ever fail to render 

equal and exact justice to every man, white or black, Democrat-or Republican; nor will it hesitate for one moment to expose fraud and injustice wherever 

found, a.nd no matter where it may hit. I am no office-seeker, have no ax to g-rind, and only write this article because I feel it my bounden duty never to let an unjust attack upon my adopted State go forth unchallenged. · HAMILTON .JAY. 

Ur. PASCO. I add, too, a recent editorial from the Lake Region, 

Mr. Jay's newspaper, in which he gives a fair description of the political condition of the State since it came under Democratic control; 

and it states sound reasons why conservative people oppose a return 

of the RepubJican party to power in this as well as the other misgoverned States of the Eouth. And I allege, without fear of successful 

contradiction, that the bad record of the past, and not the suppression 

or fraudulent alteration of votes, is the insurmountable barrier which 

stands in the way ofthe so-called Republican par~y of the South and 

prevents its return to power. 

Here is the editorial: 

Florida is a Democratic State, most emphatically so. It will remain Demo- cratic so long- as part.y lines are drawn as close as now. All talk of carrying it 

for the Republican ticket rn the coming State contest is sheer nonsense. It can not be done-. The Northern element recently citizenized in this State adds 

la rgely to th~ Democ~tic maj?rit:y: on Sta~e a.nd local issues. Republicans from every State m the Umon settlmg m Flonda find themselves confronted with a. probl~m that can have bu~ one solution. •The Republican party of the North is 

only 1n name the-Repubbcan party of the South. Its elements vary as widely as the poles. The national issue that divides them is the same. The State issue 

is entirely and radically different. '£he thousands of Republicans wbohave set- tled in Florida during the past fifteen years find that if they would be true to the vital principles of their own party they must on State and local is ues cast tbeir fortunes with the dominant pa_ ty. 'l'o do otherwise is to stultify their own professions and make a mockery of their own creed. 

Viewing with clear eyes and unclouded reason the progresa of the State under 

Democratic rule, they find that it has been the most rapid of any State in the 

l:!nion, and that this rule has been wise, beneficent, and just. '£he administra- twn of George F. Drew, who was elected governor of Florida in 1876, by an out- burst of patriotism that ignored party lines, was the fir t step in the long suc- cession of prosperity, added to by the administrations of Bloxham and PeTry 

-which has madeFloridaoneofthemodelStatesoftbe Republic. Under Demo~ cratic rule Florida has more than doubled in population, bas only a nominal 

State debt, low taxes, a splendid school system and almost perfect security to life and property. Its record for good is unsurpassed, its promise of the future 

is unapproachable. , . So far as Florida is concerned in our local election, the only principle at stake 

1s that of good government. This is patent to every thinking, patriotic citizen 

and has given to the Democratic party in all local contests a. splendid, loyal con~ tin gent from those who in national politics are Republican to the core, but who 

realize in local politics the interests of good government are best subserved by the dominance of Democracy. Never beiore as now was good government so necessary to the continued progress and prosperity of the State. To retrograde would be fatal. Patriotism sees this and is prepared to meet the issue. Our own course is plain. In the 

coming contest the Lake Region will play no neutral part. Its course will be 

outspoken, fair, and patriotic. It will be the earnest champion of the principles of good government, and support such measures as are best to enhance the 

best interests of the State. ·with malice toward none and charity for all, pan- dering to no prejudice and ignoring no virtue, we shall candidly and fearlessly advocate that wise patriotism and conservative progress that has made Florida a marvel among the States. We ca.n only judge the future by the past, and 

thus judging we must in common with a very large majority of our fellow-citi- zens believe that the continued ascendency of the Democratic party in Florida 

is essential to the best and truest interests of the State. 

Perhaps it may not be out of place before I leave this branch of the 

eubject to call the attention of Senators to charges made against the 

South in 1874 in many respects similar to the present. A clamor was / 

raised against Louisiana, and acts of violence and intimidation to deprive citizens of the freedom of the ballot because of their political 

opinions were alleged against her Democratic people. It was charged 

that a like condition of affairs existed in other Southern States. It was in the days when the bayonet was regarded as a legitimate addition to 

ordinary constitutional methods of government, and a Republican minority was being maintained in power in Louisiana by the persuasive 

influences of the United States Army. To use the mild language of 

those times, the Kellogg government ·was ''recognized'' by the President. 

The matter wa-s laid before the Forty-third Congress, when it con- vened at its second session, in the President's message. It was considered of sufficient importance by the House for the appointment of a special committee of seven members, to whom this part of the message 

relating to the condition of the Southern States was referred. The com- mittee made a partial repOl't January 15, 1875, which, I understand, was unanimous, and I call attention to the following extracts from H 

(Forty-third Congress, second session, Report No. 101, pages 2, 5-8): 

Without now referring to other instances, we are constrained to declare tho.~ 

the action of the :returning- board. on the whole, was o.rbitrary, unjust, and, in our opinion, illeg-al; and that this a1·bitrary, unjust, and illegal action alone 

pr..evented the return by the board of a. majority of Conservative members of the 

lower house. 

Upon the general subject of the state of affairs in the South, and as to whether 

the alleged wrongs to colored citizens for political offen cs are real, or wen asserted without due foundation, your committee took such proof as the oppot" 

tunity offered. 

As a whole, they are constrained to say that the intention charged is not born~ 

out by the facts before us,' Nogeneralintimidation of Republican voters was es- tablished; no colored man was produced who had been Uueatened or assaulteci: 

by any Conservative because of political opinion, or discharged from employ- ment or refused employment. Of all those who testified to intimidat.ion theN~~ 

was hardly any one who of his own knowledge could specify a reliable instanca 

of such acts, and of the white men who were produced to testify generally o~:. 

such subjects, very nearly all, if not every single one, was the holder of an office. Throughout the rural districts of the State then umber of w bite Republicans are very few; it hardly extends beyond those holding office and those connected 

with them. No witness, we believe, succeeded in naming, in any parish, five 

Republicans who supported the Kello2"g government who were not themselves 

office-holders or related to office-holders o1· those having official employment. 

• * • "' • • On the other hand, it was in evidence that blacks who sought to net with the 

Conservative party were on their part sometimes exposed to enmity and abuse In the interior one colored mail was shot for making a Conservative speech, 

and in New Orleans it appeared from the testimony that colored men who 

sought to co-operate with the Coneervatives were subject to so much abu e from 

the police and otherwise that an association of lawyers volunteered to protect 

them, but with little effect. 

'£he general condition of affairs in the State of Louisiana seems to be as follows: The con•iction has been general among the whites since 1872 that the 

Kellogg government was an usurpation. This conv:_iction among them has 

been strengthened by the acts of the Kellogg Legislature abolishing existing courts and judges and substituting others presided over by judges appointed by 

Kellogg, having extraordinary a.nd exclusive jurisdiction over political ques- tions; by changes in the laws centralizing in the governor every form of polit- ical control, including the supervision of the elections; by continuing thereturning board, with absolute power over the returns of elections; by the ex- traordinary provi5ions enacted for the trial of titles and claims to office; by the 

conversion of the police force, maintained at the expense of the city of New Orleans, into an armed brigade of State militia. subject to the command of the ~overnor; by the creation in some places of monopolies in markets, gas-maktng, water-works, and ferries, clearung; vaults a.nd removing filth. and doW& 
• 

I 

1888. CONGRESSIONAL RECORD- SENATE. 

work as wharfingers; by the abolition of courts with elective judges and the 

substitution of other courts with judges appointed by Kellogg, in evasion of the 

constitution-of the State; by enactments punishing criminally all persons who 

attempted to fill official positions unless returned by the returning board; by 

unlimited appropriations for the payment of.militia expenses and for the pay- ment of legislative warrants, vouchers, and checks, issued during the years 1870 

and 1872; by laws declaring that no persons in arrears for taxes after default 

published 'shall bring any suit in any court of the State or be allowed to be a witness in his own behalf-measures which, when coupled with the extraordi- nary burdens of taxation, have served to vest, in the language of Governor 

Kellogg's counsel, "a degree of power in the governor of a State scarcely ex- ercised by any sovereign in the world." 

With this conviction is a general want of confidence in the integrity of the 

existing State and local officials-a want of confidence equally in their purposes and in their personnel-which is accompanied by the paralyzation of business 

and destruction of values. The most hopeful witness produced by the Kellogg 

party, while he declared that business was in a sounder condition than ever before, because there was less credit, has since declared that "there was no pros- perity." The securities of the State have fallen in two years from 70or 80 to 25; 

of the city ofNewOrleans, from80or90to 30or40, while the fall in bank shares, 

railway shares, city, and other CQrporate companies have in a degree corre- sponded. Throughout the rurar districts of the State the negroes, reared in 

habits of reliance upon their masters for support and in a community in which 

the members are always ready to divide the necessaries of life with each other, not regarding such action as very evil, and having immunity from punishment 

from the nature of the local officials, had come to filching and stealing fruit, 

vegetables, and poultry, so generally-as Bishop Wilmarth stated without con- tradiction trom any source-that the raising of these articles had to be entirely 

abandoned, to the ~eat distress of the white people, while within the parishes, as well as in New Orleans, the taxation bad been carried almost literally to the extent of confiscation. In New Orleans the assessors are paid a commission for 

the amount assessed, and houses and stores are to be had there for the taxes. In Natchitoches the taxation reached about 8 per cent. of the assessed value on the property. In many parishes all the white Republicans and all the office-holders belong to a single family. There are five of the Greens in office in 

Lincoln; there are seven of the Boults in office in Natchitoches. As the peo- ple saw taxation increase and prosperity diminish-as they grew poor while 

officials grew rich-they became naturally sore. That t-hey love their rulers can not be pretended. 

* * * * * • • But the reduction of wages, the nou-fulfillm ent of personal or political pledges, 

the misfeasance of some local officials, disputes among the leading colored per- sons in other localities, the loss or embezzlement in some cases of the school 

funds, a.ud the failure of the Freedman's Bank, all combined to divide the views 

of colored voters during the late campaign. An effort was accordingly made 

by the conservatives to acquire a. part of the negro vote; with that view it was sought in marry quarters to propitiate them. Frequent arrests by the United ·States marshals for intimidation or threats of non-employment, and the appre- hension that was felt that the return in~ board would count out their men if ex- cuse for such a course were offered, all combined, e!'lpecially after the 14th of 

September, to put the conservatives on their good behavior, and the result was that in November, 1874; the people of the State of Louisiana did fairly have a free, peaceable, and full registration aud election, in which a clear conservative majority was elected to the lower house of the Legislature, of which majority 

the conservatives were deprived by the unjust, illegal, and arbitrary action of 

the returning board. 

This is from the special report made by Mr. HoAR from the select 

committee on that portion of the President's message in regard to the 

condition of the South in the Forty-third Congress, signed by Charles 

Foster, WILLIAM WALTER PHELPS, and Clarkson N. Potter, who constituted a subcommittee, but adopted as the report of the entire com- mittee, of which the present Senator from Massachusetts [Mr. HOAR] 

was chairman. 

It appears from this report, made by a committee a majority of whom 

were Republicans, that the election investigated, which was for mem- bers of the Legislature, bad been carried bytbeDemocratsin1874, and 

that the charges as to intimidation, violence, and fraud were not sus- tained against them, but that some of these wrongs had been practiced 

by their accusers. It further appeared that the Democrats lost the fruits 

of their election by the counting-out process successfully practiced by 

the famous returning board of that unfortunate State. The report 

further sllows that the Democratic majority, relying upon the popular 

majorities that they had received, met and organized the lower house 

of the Legislature and were then driven out from their seats by a.detachm.ent of United States soldiers. 

The committee submitted its final report February 23, 1875, and the 

resolutions, in which the entire committee united, are as follows (Fortythird Congress, second session, Report No. 261, page 5): 

Whereas both branches of the Legislature of Louisiana. have requested the . special committee of this House to investigate the circumst~nces attending the 

election and returns thereof in that State for the year 1874; and 

'Vhereas said committee have unanimously reported that the retnrning board 

of that State, in canvassing and compiling said returns and promulgating the 

result, wrongfully applied an erroneous rule of law, by reason wher~of persons were awarded seats in the house of representatives of Louisiana to which they were not entitled and p ersons entitled to seats were deprived of them: 

Resolved, That it is recommended to the bouse of representatives of Louisiana to take immediate steps to remedy said injustice and to place the persons right- fully entitled in their seats. · Re8olved, Tha t 'Villiam Pitt Kellogg be recognized as the governor of the 

State of Louisiana until the end of the term of office fixed by the constitution 

of that State. 

The preamble and the first resolution fully sustain tb.e charge against 

the returning board of counting out Democrats who were duly elected 

to the State Legislature. The second resolution recommends that Kellogg, who had been counted in as governor after the election of 1872, 

be ::tllowed to fill out his term undisturbed. It will be seen from the 

majority report that this was the result of a compromise; that the majority of the ~ommittee, composed of Messrs. Charles Foster of Ohio, 

WILLIAM WALTER PHELPS of New Jersey; Clarkson N. Potter of 

New York, and Samuel Marshall of illinois, did not believe that he had ever been elected, but two of them, Messrs. Foster and PHELPS, deemed 

it best to avoid the mischief and confusion of a. ch~ ge, and therefore 

-

united with the other Republican members in the second resolution. I 

quote freely from this majority report, and it ought to have weight from 

the hi,ghstandingof the Representatives who united in it and the 1act 

that they were equally divided politically, so that it may be regarded as non-partisan. 

Third. Eighteen hundred and seventy-four was a year of political change, in 

which the vote throughout all the States was seriously affected against theRe- publican party; a change resulting largely from the financial distress of the 

people, and which should therefore natw·ally have been even greater in Louisiana than elsewhere. 

Fourth. It became the interest of the Conservatives, at least at the late election, not to intimidate but to acquire by every fair means the colored vote.• .Parties who were alleged to have threatened blacks even with refusal of em- ployment were subject to prompt arrest. It was known that pretexts would 

be sought to deprive the Conservatives of the result if they prevailed in the 

election. It was therefore their interest to avoid giving any such pretexts. Accordingly, they determined everywhere to co-operate with and conciliate the . blacks. They voted down the propositions or suggestions which were made 

in the early part of the campaign for the r efusal to employ those colored voters who would not co-operate with them, and generally sought, by combining with 

colored voters, to carry the election. 

Local combinations against the Kellogg candidates were made in many par- ishes by men of all parties and colors. In several parishes au nion ticket of colored conservative votes was voted for and elected. An intelligent colored wit- ness testified that he "desired better government," and to that end "was willing to swallow the white men if the w bite men would swallow the colored.'' These causes and feelings naturally united to swell the conservative vote in such localities exactly as indicated by the returns. Fifth. The entire want of any direct evidence to show any general intimidation of the colored voters. Of course, in so large a State, it would be impossible there should be no in- stances of refusal to employ nor of intimidation. Such occur in every State. But the evidence certainly indicates no general intimidation of colored voters, 

and that such intimida.tion as did exist in the State was rather in the interest 

of the Republicans than of the conservatives. The United States marshals, 

whose chief was chairman of the Republican State committee, armed in some cases by blank warrants, and aided by Federal troops, made constant arrests before election, but not afterward. The oversight of the elections and of the returns was in the hands of Governor Kellogg's officials. Their count andre- turn did show 29 majority of members of the lower hou'le elected by the con- servatives without any protest whatever, except in three parishes, although it was their province and duty t-o protest in any case where violence, or intimidation, or fraud existed. 

Indeed, the direct evidence as to the election of 1874, as well as the circumst.<tnces, clearly indicate a peaceable and fair election. In fact, after the visitor 

the first committee and the revisit of the special committee, the Kellogg party, 

with all their machinery for collecting evidence, were unable to produce in the 

entire State more than half a dozen persons to testify to anything impeaching 

the freedom and fairness of t-he late elections who were not office-holde1·s or connected with office-holders. 

Against such facts it seems to us idle to assume t-hat the disturbances so vividly pictured by the minority could have kept up throughout this State such a - feeling of intimidation as would justify the assumption that but for that feeling 

the State would have gone Republican. All experience shows tha t the result 

of the election of 1874 in Louisiana, ns returned to the returning board, was natural, and to be only accounted for by the reasons we have given. We hold, therefore, that in November,-1874, the people of the State of Louisi- ana did fairly have a free, peaceable, and full registration and election, in which a clear Conservative majority was elected to the lower house of the Legislatlll'e, 

of which majority the Conservatives were deprived by the unjust, illegal, and 

arbitrary action of the returning board. To the resolution report.ed to the House from the committee, as to the action 

of the returning boara, we are all agreed. We understand the committee to be unanimous in finding the fact that the ·action of the returning board has defeated the will of the people as expressed 

by them at the polls on the 3d of November, 1874. The people then elected to the lower house of their Legislature a majority of Conservative members; & 

portion of the Conservative members thus elected were refused their certifi- cates. This is an act of g·reat injustice to the individuals, of gra.v~st danger to the State and tree government, and ought to be immediately corrected by any power competent to correct it. The resolution recommending the recognition of Governor Kellogg is based upon general information and not upon evidence. On this point no testimony was taken, either by the committee or any part of it. Kellogg may or not have 

been elected in 1872, but there is no evidence to show the fact, or. if there be, it 

has been neither sought nor found by this committee. Messrs. Foster and 

Phelps think that the popular belief, taking both conservative and radical cir- cles, inclines on the whole to justify Kellogg and Penn's claims; and that1 as Kellogg is and has been the acting governor of Louisiana for the past two years, to deny his right and install another in his place, after this lapse of time, might 

involve much mischief to the legal and political interests of the State. To a. void the mischief and confusion of change, a majority of the citizens o! 

Louisiana seem willing to accept as a compromise Kellogg's recognition and 

the restoration to the .Conservatives of the control of the lower house. For these reasons Messrs. Foster and PHELPS do not wi!'h to oppose the rec· ommendation that the administration of Governor KellGgg be recognized; 

neither, in view of the fact that they know nothing of the merits of the case as judged by competent evidence, do they wish to be understood as urging it. 

They only wish to record their agreement with those of their associates who 

believe that such a compromise might, by making a termination of the uncer- tainty in Louisiana, be on the whole less intolerable than the present distress. But to any resolution recognizing Kellogg l\Iessrs. Potter and Marshall are utterly opposed. They find nothing to justify the belief that Kellogg was elected. That be seized the government by the aid of Federal troups, through a void and fraudulent order which prevented the counting and return of the YOtes, should be a standing presumption against him. 

When the people, outraged by the abuses of his government, had successfully 

regained the office he had usurped, he was again resealed by Federal power. By the forms of legislation with which he had intrenched himself, he once more sought to nullify the choice of the people at the late election, and to that end 

called on the Federal troops to break up the meeting of a Legislature. For Congress to recognize -usurpation so gross and so oppressive is, they 

think, to establish a precedent by which, under pretexts that can readily be 

found, any State government may be ove1·thrown, the will of the people nullified, fraud and violence made permanent, and republican forms perverted to • 

destroy liberty. In their judgment all that is needed in Louisiana. is to withdraw the Federal 

troops and leave the p eople of that State to ~~1~i~smJ'o~~in.. 

WILLIAM WALTER PHELPS. CLARKSON N . POTTER. S.A.l\IUEL MARSHALL. 

All adJ!litted that Louisiana. had been shamefully misgoverned b;y 
8286 CONGRESSIONAL RECORD-SENATE. SEPTEJ\IBER 5, 

the Republicans; that there bad been wrong and corruption in State 

and local.administmtion, especially under Warmoth's rule, and that 

the Hepublicans bad con tinned their power by wrongful means. 

The minority reporti1 signed by Hepresentatives GEoRGE F. HoAR, 

W. A. Wheeler, and W. P. FRYE, differed mainly from the majority in 

blaming the Democratic people for the means which, according to the 

findings of the minority, they had nsed to put down bad government 

and usurpation. 

With such a result from a committee appointed by Speaker Blaine, 

composed of five Republicans and only two Democrats, to investigate 

cb&rges preferred by a Republican President, can the Senator froru 

New Hampshire reasonably expect a different result by sustaining the 

charges now made before an investigation committee? Is it not p1'ima 

facie probable that his charges have no better foundation than those 

which were so unjustly made in 1874? 

Louisiana bas patiently endured fresh wrongs since that day by the 

usurpation of 1876. And it would have been indeed strange if her 

people had not arisen in 181:'8 without regard to race, without regard 

to former political associations, without regard to color, without reference to an approaching national election, and overwhelmed with 

their ballots the Republican candidate for governor, Mr. Warmoth, 

who bad impudently offered his name for the support of a wronged 

and outraged people, when his former administration had been declared 

dishonest and corrupt by such high Republican authority as acted 

upon that committee. 

I take pleasure in reciting here a statement from a well-known Republican newspaper published in Western lllassaehusetts, the Springfield Republican, which takes the position that Warmoth virtually gave 

' up the battle on the eve of the election, and suggests a motive for it 

which is in harmony with the tactics of Southern Republicans in former contests. 

It is as follows: 

[Springfield, :Mass., Republican, August 23.] 

Senator CHANDLER delivered yesterday his speech upon the motion to inquire 

into the Louisiana. election of April last. As to the merits of the particular 

motion, little nee4 be said. He may have evidence of fraud in the spring elections, althougb he did not produce it . . The argument by comparing the returns of previous elections will not do, becamm based upon the supposition that every ne){ro is a Republican. Ex-Governor \Varmoth, who was the Republicrn candi- date for governor of Louisiana, presented Senator CHANDLER's argument to him 

three weeks before the elections. Up to that time he had led a good party fight.~ 

Suddenly he published a letter claiming that some kind of a deal had been made 

by which Governor Nicholls was to be counted in. He said that it was use- less for him to contend against such odds. T·his was a direct invitation to his followers to refrain from voting. Hundreds of negroes voted for Nicholls, 

and they repeated the service at New Orleans a few weeks later, thus securing some of the offices at the hands of the Democrats. Warmoth's surrender upon the eve of battle astonished the Democrats, but there was metbod in bis mad- ness. The returns enrich 1\Ir. CHANDLER's speech and give him a chance to make out a case upon paper. He succeeded in precipitating a series of personalities 

yesterday, and so far be was successful. The situation in the South bas impl'oved so wonderfully that it is sad to see tbis friend and advocate of the bloody shirt attempt to turn back the pages of history for partisan purposes. 

It is not often that such an opportunity is afforded to call the attention of the country to the fact that there are Northern Republicans 

who not only understand the situation at the South but are willing to 

do justice to our section and to recognize t'be fact that our elections are 

influenced and controlled there by like causes that control and influence elections in other sections of the country. 

When such utterances 3.'! this from the Springfield Republican are 

more frequent and the people of the North rebuke the politicians who 

are always trying to array one section against another for purely par-

, tisan purposes, we shall have made a great advance in dealing with 

this race question in politics. 

As I stated in the progress of my remarks, the Republican party of 

the South has left behind it a bad record in this matter of honest elections, and during the time that they held control of the governments 

of the Southern States and maintained their ascendency by any means 

that would win, right or wrong, they were generally sustained by their 

Northern allies. When damaging proof was brought forward of a nature to-shock the moral sentiment of the country,legal difficulties to its 

consideration were interposed and no serious check was ever given to 

the successful consummation of Republican election fraud or wrong in 

any of the Southern States. Nothing has occurred of late years to 

show any real change of heart in the Republican party on this subject, 

and we have no reason to believe that if power was restored to them 

and the same opportunities were again offered, they would make a 

better and more honest record than they did prior to 1877. , 

In selecting the instanr.e that I promised to give of an election carried in the South by unlawful and irregular means and practices, I 

have choseu the Florida election of 1876, upon which I have for some 

·time wished to address the Senate. 

In a speech made by the Senator from Ohio on April18, when the 

bill for the admission of Dakota was before the Senate, he took occa-

• sion to refer to the Presidential election of 1876 a,nd denounced those 

who believe and allege that Mr. Hayes was not elected to the Presidency in the following language (RECORD, page 3241): 

ilu'ld hereafter when any man shall assert of President Hayes that he was elected by fraud or wrong, or that he was not duly elected, I will hold him in 

contempt as uttering th.at which is not true. 

. . 

And againThat he was fairly elected, honorably elected, I belieye no man can question. 

This language filled me with surprise, for I thought that the popular mind had long since beco1pe convinced that :Ur. Tilden and not Mr. 

Hayes was really entitled to the majority of the electoral votes in that 

famous contest. 

The subject of the debate then had was the vote of Louisiana. I 

have ~o other information a.c; to that State than that which is open and 

accessible to the general reader, and shall leave the discussion of it to 

those who are familiar with all the details and can speak of them with 

greater accuracy tnan I can. But I have no hesitancy in &'lying that 

my own inv~tigations, made with a sincere desire to discover the 

truth, have led me to a very positive conclusion as to the result in 

Louisiana, and that is that the State was Jairly carried by the Democratic party and that Tilden was justly entitled to its electoral vote in 

1876. 

I believe I am sustained in this view "ty the published statements of 

the Senator from New Hampshire whose resolut:U>n is now under discussion, and as he played a large part in the management of the Republican side of the electoral contests in tbe disputed Southern States 

in that memorable year, his statements against his party friends ought 

to have great weight. 

In 1877 and 1878, while the incidents of the struggle were fresh in 

his mind, he published some letters in the newspapers upon the election 

of 1R76 and its results which were afterwards collected into a pamphlet. In this pamphlet, on pages 9 and 10, he admits that 'l'ilden received 7,000 more ·votes than Hayes in Louisiana; he admits that more 

than 7,000 ofthese voteswerethrownout, notonaccountofanywrongdoing which had been proved and established, but simply on account 

of alleged murder, riot, and intimidation. He expresses doubts as to 

its being justifiable and says that it required courage and assurances 

that the national exigency demanded its performance and the moral 

support of the North. He further says that the returning board performed this extraordinary work after receiving such assurances. I . 

quote his language, that I may not do him injustice: 

In Louisiana, however, there bad been thrown into the ballot-boxes over 7,000 more votes for the Tilden than for the Hayes electors, and to make Hayes 

President it became necessary for the returning board, acting under peculiar 

local laws, t-o throw out more than 7,000 Tllden -votes on account of alleged 

murder, riot, and intimidation, preventing a fair and free election in certain 

parisbes. To pel'iorm this extraordinary, even if jlllltifiable, work in the face 

of an armed and infuriated Democracy required men of nndaunted courage and such courage the returning board possessed. It required also that th~ boa.rd should have assurances that the national exigency demanded its per- formance, that the moral sentiment of the North would approve it, and that 

they themselves should be protected from evil consequences to be app!·ehended 

from the violence of :1 mob government, which it was known would be established by one Nicholls, a pretender to the office of g overnor against Stephen B. Packard, who was sure to be found to be elected governor if the Hayes electors 

should be found to bave been chosen. All these assurances were freely and forcibly given by Mr. Senator SHERJIIAN 

and hi!ol associates. 

His subsequent language in referring to the way in which Mr. 

Hayes reached the Presidential office is, very frequently, not that he 

was elected to it by the people, but that he was "counted in:" and 

on page 24 he insinuates, if he does not directly charge, that this 

counting in was the result of a bargain by which Mr. Hayes was to 

become President upon abandoning the Packard State government. 

In a letter written to him by William Lloyd Garrison, which is published in this same pamphlet, it is distinctly ~dmitted that the election 

of Mr. Hayes was carried in South Carolina, Louisiana, and Florida 

by "bayon~t rule," and the publisher of the pamph'let especially commends ''the clear vision and calm judgment'' of Mr. Garrison. If, however, the result had depended upon the vote of Louisiana 

only, I should have remained silent. But the vote of Louisiana, 

added to the St.ates which actually gave Republican majorities, was 

not enough to elect :ftlr. Hayes. Four more were required, and, notwithstanding the risk of incurring the contempt of the Senator from 

Ohio, I allege and charge that these were wrongfully taken from the 

State which I have the honor in part to represent in order to make the 

requisite number of votes to give Ur. Hayes an apparent majority of 1. 

At the former discussion the debate was extended to so late an hour 

that I was unwilling to detain the Senate with a full history of the circumstances that led to that result, but did not wish my silence to be 

regarded as an admission that Mr. Hayes was entitled to the vote of 

Florida. So I contented myself with a promise to go at length into 

the matter at a future day, which promise I now propose to redeem. 

Since that tinie another distinguished Senat.or upon the other side, 

the Senator from Kansas, has reiterated the claim that Mr. Hayes was 

fairly elected to the Presidency in 1876, and in a speech made here on 

May 1 he uses the following remarkable language (H.Ecoim; page 3994): 

I !'eel bound to say that his tille is the most absolutely impregnable of any in 

the whole line of .American Presidents, because it is the only one ever passed upon by a constitutional tribunal lawfully organized for thnt purpo_e. 

As well might one claim to be superior to his neighbor.~ in honesty 

because he had been tried for crime and acquitted, while their integrity had never been questioned. But if the accused had been ac- quitted because of a want of jurisdiction in the tribsnal to hear the 

case and listen to the witnesses, his claim to superior honesty would 

certainly be denied. \ 
• 

1888. CONGRESSIONAL RECORD-SENATE. 8287 

On the morning of Wednesday, November 8, ~876, as the returns of 

.the election which had taken place the day previOus became known to 

the people, it became apparent that Mr. Tilden was elected. . • Subsequent history establishes it as a fad that tl>:e aggregat10n of the 

figures, which were publicly announced at ti>:e votrng-places. and precincts all over the United States on the evem.ng of the electwn, demonstrated a majority for him both in the popular and the electora~ vote. 

LeadinlJ newspapers that received and p_ublished th~ returns ill the 

large cities of the country :mnounced M~. Tilde?-'s election on the J?-Orn- ing after the contest. Mr. Hayes admitted. hiS defeat, a~d an_rnterview with him, held the day after the elec_tion, was publiShed m the 

leading newspapers of the counh·y. He sa1d: . . 

I think we are defeated in spite of the recent good news . . I am of the opmwn that the Democrats have carried the country and eJected Tilden. 

* * * , * * * * I do not care for myself, for the party, yes, and the country, too, can stand it, but I do care for the poor colored men of the Soutfi. 

But the Republic:ms were not willin~ to acce~t . the verdict of .the 

people and relinquish their power. W1thout wa1trng for any attack 

upon the result, they promptly sent out agents and "visiting states- men" to certain States whose vote::; they needed to make up the 185 

which were necessary for a choice. One of the_ States thus marked o~t 

was Florida. I had the honor to serve as chauman of the Democratic 

State executive committee during the campaign and was familiar with 

the events that occurred and of the circumstances that subsequently 

attended the count. There was no more reason why a doubt should 

have bec;n cast upon the result in Florida than in Rhode Island or New 

This result, as to the electoral vote, taking for comparison the hig~ 

est vote for elector on each ticket, was as follows: .· 

~~~~~ :f:~~::. ·::::::::::::.-:::.: :: :·.:·:::.::::·::::.::::·::::. ::::::·:. ·.:::::::: ::::::::::: :::::·::.:·.::. :::::: i!: ~~ 

Tilden majority .......................... ............. ......................................... . 332 

The difference between the votes for electOTs was small, being 6 on 

the Republican ticket and 3 on the Democratic. 

The Democratic majorities on the State ticket were about 500 grea_ter. 

There were but two changes in these results between the precmct 

and county canvass. In Clay County one precinct was not include~ in the total nu~ber of 

votes. It was omitted because there was no Signature "to the Jurat of 

the oath of the inspectors. The vote of this precinct was, however, 

given upon the return, and was as follows: 

~i~~:~ ~~c~~rr: :::::: ::::::::::: :·::.: :::::::·.::::: :::::::: ::·::.:: ::: ·.:: ::::::::::::::::::::::::::::::::::::::: 2~ It was subsequently proved before the State canvassing board that 

the inspectors w~re in faet sworn, and the electi~n at this _Precinct was never impeached nor was any attempt made to Impeach 1t. 

In .Alachua Co1unty a bold and successful fraud was perpetrated at a 

precinct known as A1·cher No. 2, hy which 219 votes were added to the 

Republican figures after the public announcement of the result at the 

polls on the evening of the election. 

The vote as announced was-

~:~uo~~i~:·:::.· ·:::::::.·.·.·:::: :.:·.:· ::: .·.:·::::::::::::::: ·:::·::::::::::::::::::: :::::::·:::.'.'.'.'.'.'.'.' .' .'.' .'.' .'.: t~ 

Jersey. It was always capable _of ascertain~ent b;r ~~ose who desired TotaL. .................................................................................................. 316 

the truth in an orderly way, Without the a1d of VlSitmg ~ta.tesmen or The vote as c::mmssed wasretuminO' boards without the presence of bayonets or artillery. H 11 yes electors................................................ ................................... ............ 399 

On th:' mornin~ after the election Mr. 1\fartin, who was the chair- Tilden electors ............................................................................. ,. ................. _ 136 

man of the Rep;bljcan State committee of Florid~, sent a telegram, Total................................................ ...................................................... 535 

which was published in the New York IIer:Id, saymg: Three reputable citizens swear to the above public and official au- No more peaceable or quiet election was ever held in any State. nouncement. 

The doubts did not come from Florida; the excuse for pursuing un- Samuel T. Fleming, a well-known citizen, of good character, of the 

usual measures did not oricrinate there. They came and originated same county, also swears that he was present all day long, from the 

from beyond the State. Fl;rida. at the time had a Republican gov- openincr to the closing of the polls, and took down the names of all the ernor and every executive and judicial officer throughout the State voters ~ho voted frcm the outside, and that there were 305 who so>oted, 

and i~ every county was a Republican appointee. The election law and besides there were about 15insideofthe room whovotecl, but whose 

wa.S framed by a Republir,an Legislature, and was cunningly devised names he did not take down. 

to give every possible advanta_ge to the party in power. :r'he whole Two of the three inspectors have sworn that the smaller of the abo>e 

machinery of the election was m the hands of the Repubhcan office- votes was the ttue resuU. 

holders and their appointees. . . . It appears that after the public announcement of the v~te the returns 

'The governor had the appoin~e~t of the c:ounty commm:>wnera m were si(J'ned in blank, leaving the number of votes to be mserted later, 

every county. The county commissiOners des~gnat~d the Yohngpl~ces and on~ of the Republican inspectors, Uichard H. Black, and theRein their respective counties, controlle~ th_e reglStratio~ books and lists, pu blic..w cle:rk of the election, Thomas H.· Vance, took charge of the 

and appointed the inspectors of electwn ill every precmc_t. The clerk, return, poll-book, ballot-box, etc., a_ncl went to Gaine.wille, t~e coun_ty 

county judge, sheriff, andjusticesofthe peace. appointed m each county site. Soon after midnight they arnved at the house of L. G. Denms, 

by the Republican governor, were the officers, three of whom com- one of the leading spirits among the Florida Republicans, popn1a~·ly 

posed the county canvassers, whose duty it was to compile the returus known as "the little giant," then a candidate upon the lEt<TlSlahve 

fi"Om the precincts and send the results of the county canv:ISS to the ticket. 

governor and secretary of state. Finally, the State canvassers were There seems to have been some disappointment as to the number of 

cabinet officers the secretary of state, the comptroller, and the attorney- , the Republican votes from the precinct, arid upon the complaint of 

general all appointee."! of a Republican governor, all of whom had Dennis, Black and Vance agreed to add somethingover 200vot~ to ~he voted f~r Grant for President four years before, though the last named Republican-side. So in his presence they took the county registration 

voted for Tilden in 1876. list and deliberately copied from it the requisite number of names to 

The law required the returns to be transmitted through the mails, the poll-book andadded the corresponding number of votes to those 

and it is well known that the railway mail service and the post-offices given to the Republican candidates, and thus filled in the blank re- were all controlled by a national administration Republic:m ti.om turns . . 

center to circumference. In addition to this Tallahassee was a Repub- .All the details of this crime were not disclosed at the State canvass, 

lican city, in a strong Republican county; in a section whi~h was _in the but it was clearly proved, and was a matter of public notoriety at Talhabit of giving large Republican m~iorities. T~e county It was I_n and lahassee· and at a later date, when the Potter committee was organ- the two nearest it on the line of railroad gave ill the aggregat~ ill the ized, De~nis was summoned to attend aS' a ·witness, and on oath told 

election of 187G, 6,995 Republican votes. and ·2,575 Democratic votes. how the whole affau· was managed. 

Aml besides, the system of railroad which ~xtended from the Chatta.- ru111 testimonyapnears in thereportofthe Potter committee (volume 

hoochee to the St. Johns and from Fernandina to Cedar Keys had been 1, pages 494 and 495). His ?Wn a,ccount ?f t~is tra_nsaction is_given in 

seized by the State and was under the management of one of theRe- a published statement, to which he refers m h1s testimony, which reads 

publican cabinet officers. as follows: 

It can readily be seen which party had the advantage, and that the L. G. DENNis UNDER A sTATE.liE:n. 

opportunities. for wrong-doing of any kind were all with the Repub- The following is a statement made by L. G. Dennis about the fraud in Alo.chuo. 

licans. , County. It will be supplement~d by a more detailed statement: 

We knew full well tbat they had these opportunities, and former "WASHINGTON, D.C., March22,1878. 

1 h 1 f "I have resided in Alachua County, Florida, since January, 1866, and was experience had taught us that they knew how to avai t emse ves 0 elected t·o the state Assembly in 1876, at the same time of the late. Presidenthem. Vigilance was all that was left to the Democrats. . tial election. I was at that time a member of the State central committee of the 

Knowincr the importance of ascertainincr the actual result as lt was Republican party of Florida, and also chairmun of the Republican co!D~1ittee 

"' h · t h th lls0 1 d th D ti St te of Alachua County. I was also president of the board of countycommJsstoners announced at eac precmc W en e po C ose , e. emocra ? a of Alachua County from 1873 to 1877, and was famtliat· with the manner of r~g- com mittee arranged to be represented at every voting place lll. the istration and manner of voting, the location of ~he polls, and all oth~r election 

State on the evening of the election. and their representatives were machinery. As pr~sident of said b?ard, and wtt? the conseut of satd board, I . . l k . il . ll. ts to th . th h d f located all the pollma-p]aces appomted all the mspectors who conducted the furmshe~ WIth b an -s Slm ar Jn a respec ose In e an s o I election, received and counted the ballots, and mad,? and certified to t he I'eturns. the electwn officers, and upon these ~lll?ks the actual re~ult was en- I appointed _as inspectors of Archer precinct, box~ o. 2, Green R. 1\Ioore, Floyd 

tered Wherever the officers were willing to do so they signed these Duke andRwhardH.lllack.. ThomasD.Vancewentat~yrequestto~rcherpre

.' · d h h f d th f: t ted d th cinct ~n the day previous to the election, and was appomted by the mspectors duplicate returns, an W en t eyre use e . ac wa~ no an . e clerk of the election at box No.2, and served as such. I was. at. Ga.ines"':ille on 

:returns were sent forward to the State committee w1thout the signa- the day of the election, and on that night and the day followm~ my restdel}ce . 

tures of the officers. This was .an effectual check. upon subsequent was the headquarters of the Republican party, and dunng the mght pJ;eceding 

I ti d · b t' 't tt ted din the few cases the election all information was brought to me there. a tera on, _an In u on~ case was 1 a emp , an . '"Some time after midnight of that night Inspector Black came to m:r ho~e where precmcts were omitted from county returns there was no diffi.- l and reported to me that the result of the election at box No.~ for Pre;ndentml 

culty in establishing such omission, nor in telling the true result. electors ~as as follows: For the Hayes electors 180, for the Tilden electors 136. 
8288 CONGRESSIONAL RECORD- SENATE. SEPTE~I13ER 5, 

.A little later 1\!r. Vance, the c!erk at said box No.2, came and made the same report. Subsequently both Black and Vance came to me and said they had the returns from .Archer precinct, box No.2, signed in blank by the inspectors, and 

that they would make out the returns so as to meet the expectations of their own party. They retired to a priV"ate room, where they remained two or three 

hours, and then informed me that they had ad <led about 200 names to the polllist as having voted and had increased the Republican vote to that extent, and I afterwards learned that they had added 219 names to the poll-list. "I entered the room while they were employed there, and saw them copying names from the county registration list upon which those who had actually 

voted at Archer precinct, box No. 2, were checked off, and the new names were selected from the names of Republican voters who had not already voted at that precinct. After completing the returns in this manner they tiled them with 

the ballot-box with the county clerk. 

"The countY. commissioners met a few days after election, the board con- sisting of I. E. ;vebster, clerk of the court; W. H. Belton,justice of the peace; and Louis A. Barnes, the sheriff, all of whom were Republican!'!. During the canvass Inspector Moore appeared before the board and submitted an affidavit to the effect that the returns from Archer precinct No.2 were false, and that the true returns should be for the Hayes electors 180 yotes, and the Tilden electors 136 votes, but the board decided they could not hear evidence as to the truth or fa].sity of the returns, and upon the face of the returns the vote of the county was as follows: For the Hayes elec£ors, 1.984; for the Tilden electors, 1,267; the 

result included the 219 votes for the Hayes electors which were added to the vote cast at Archer precinct, box No.2, by Black and Vance. 'These returns were sent to the governor and secretary of state. .A.ftt!r these returns were tiled with 

the secretary of state an effort was made to invalidate them so far as Archer 

precinct, box No. 2, was concerned. Affidavits signed by Floyd Dukes and 

GreeneR. Moore, and an official statement from l\Ir. Webster, clerk, were tiled 

with the Slate canvassing hoard, for the purpose of showing that the returns from Archer precinct, box No. 2, were false and fraudulent. It also appeared 

that 1\lr. Belton, the justice of the peace, had not signed the return tiled wilh 

the secretary of state and governor. One of the duplicate returns was sent back to Alachua County, and Belton's signature was obtained. Moore also was induced to make a counter-affidavit denying the truth of his former affidavit. A - counter-affidavit was also obtained from Floyd Dukes, <lenying his former affidavit. 

"The grand jury of Alachua County investigated the Archer precinct matter, 

but failed to find any fraud, and passed a resolution to that effect. Whereupon Mr. Webster was induced to withdraw his statement and make another to the 

effect that he was satisfied that the return was all right. Then affidavits and statements were laid before the State canvassing board, and the returns were counted. This result gave the Hayes electors 219 morf!"Votes than were cast for them. 

"I have neV"er heretofore made any written statement or given any evidence 

regarding this election in Alachua County. 

"L. G. DEN:t-.TJS. '' 

The above was sworn to in Florida before a justice of the peacl, and is certified by the secretary of state. 

But this fraud was carried into the county return and it entered into 

the general result, and Mr. Hayes received the full benefit of it in all 

the final statements, whether Democratic or Republican. 

And to give some idea of the condition of society there at that time 

and the facilities in the bands of our political opponents, I may as well state here that-after taking these names, as Black and Vance did, 

according to the sworn testimony of Dennis, at random from the registration list, the Republican managers went out into the highways 

and byways and brought in men who readilysworethatthey cast these 

surplus votes. 

Deducting the vote of the Clay County precinct wrongfully omitted 

and adding the fruits of the Archer fraud to the Republican side gives 

the actual ele~toral vote as it reached the State capitol: 

I Tilden. Hayes. 

Total vote as before................................................................... 24,469 24,137 

Deduct Clay County precinct.................................................... 29 6 

24,440 24,131 

Add .Axcher fraud ............................................. :........................ ............... 219 

Demoemtic =jo<ity ........•....•....... : ......•.....•................•..•.••.•.... ! ............. · ..u~ According to the law of the State as then clearly understood, and as afterwards declared by the supreme court, this was the actual electoral result, and it E~hould have been promptly announced without en- dangering the peace and safety of the country. _ 

This was the situation in Florida the day after the election. The 

returns showed .a majority for the Tilden electors, notwithstanding 

they came from Republican officials, through Republican sources; notwithstanding the opportunities for fraud and their willingness to perpetrate it. The Tilden electors would probably have received the official proofs of their election but for events which were transpiring outside of the State. The Republican leaders found that they required 

more votes; a political necessity was urging them on, and the circumstances which I am about to relate, taken in connection w1th their 

subsequent acts, indi<'.ate a determination to secure a majority of the 

electoral votes and the inauguration of Mr. Hayes, whether he was 

elected by the people or not. 

Three witnesses have sworn before committees of Congress appointed 

to investigate the election of 1876 and matters pertaining thereto that on the day after the election, the very day when, as I have already 

stated, the chairman of the Republican State committee had telep:raphed that no more peaceable or quiet election was ever held in any 

State telegrams were received from trusted leaders of the Republican 

party in the North stating that. the salvation of the country depended 

upon the vote of Florida being cast for Hayes, and that money and 

troops would be forthcoming if necessary to secure this result. This 

was in advance of any call for aid, and, in advance of any complaint of 

disturbance, and while Florida was peaceful and quiet as Vermont. 

One of the witnesses, who was the regular telegraph operator at Tallahassee, says that one telegram from Tallahassee, in reply to the s. .,ggestion coming from Washington or New York that the returns mu.st 

be attacked, inquired upon what grounds they should attack them, and 

the reply said, fraud, intimidation, and some other word which he did 

not remember. The money was sent, as Mr. McLin, the chief of the 

returning board, and others testified; the troops were ordered to the 

State capital, and the war upon the honest majorities was commenced. 

Among the visiting statesmen who visited Florida to aid the Republicans in their efforts was the present junior Senator from New Hampshire; and:it bas since been alleged byl\1r. McLin, the secretary of state 

and chairman of the board of State canvassers attbetime, when hewas 

under oath before the Potter committee as a witness, in June, 18i8, 

that he was approached by Mr. Chandler during the canvass, who as- suted him that if the State went and was canvas ed for Mr. Hayes the 

majoritv of the returning board would be well taken care of. . 

This has never been denied by this gentleman, although the opportunity was given to him by the committee and he was. sworn as a witness and his attention was called to McLin's testimony on this very 

pojnt, but he ne>er met the charge with a square denial. And in the 

pamphlet to which I have already referred he says that the choice of 

Hayes electors in Florida ''was declared without extraordinary assur- ances from the Northern visitors." 

McLin was taken care of and was appointed associate justice of the 

supreme conrt of New Mexico, and nearly all of the other guilty agents, 

whether of high or low degree, who aided in the work of changing the 

vote of Florida received some Federal appointment, whether in recognition of the special services rendered or because of their superior fit- ness for the positions they were placed in we can judge for ourselves. 

And most of those who did not get official place and position were permanently soured against the. Hayes administration, because they failed 

to get the "recognition" that it seems they were led to expect. 

The next step in the conspiracy to count the vote of Florida for Hayes 

and Wheeler was to make the face of the returns show a majority in 

their favor. The Democratic county of Baker was selected, n.bou t whose 

vote there had been no doubt nor dispute. The cotmty wa.S in the 

northern part of the State, was traversed by a line of railroad, and. the 

vote had been regularly and publicy canvassed by the county clerk and 

the only justice of the peace in the county directly after the election. 

The county judge should have joined with them, but he declined, and 

in his absence, the sheriff, who also declined, so the two remaining 

officers acted without them. But thi5 was in accordance with precedent, and there was no controversy about the result. The precincts of 

the county, four in number, aggregated as follows: 

Precincts. 

Olustee ........................................................................... ...... . Sanderson ............................................................................. . Johnsville ............................................................................. . Darbyville ............................................................................ . 

Tilden I Hoyes 

electors. I electors. 

g~ l ........... i30 84 ............. .. 65 13 

Total ............................................................................. -;agj-143 

The legal canvass was made by the clerk and Justice Dorman November 10, and on the 13th they made a second cam-ass with precisely the 

same results, andsentwith the second return a statement that they bad 

been obliged to discharge their duty as county canvassers wit.hout the 

aid of the county judge or the sheriff because of the refusal of each oi 

those officials to act with them. The clerk left the court-house about 

6 p. m. It was dark when he left there. He had been obliged to light a candle to finish his writing before leaving. He lived a few miles from 

town, and went on home. After he left the deputy clerk (Howell), who 

claimed an office afterwards as the originator of this scheme, furnished 

Driggers with the key to the clerk's office, and thus a. fresb lot of can- >assers gained admission and entered upon the scene. Driggers, the county judge, had persuaded the sheriff to heip him 

under the false pretense that it was necessary because of the <:Jerk's 

absence, when in fact the clerk had been in town and at his post of duty 

all day. Up to the 11th of November, a few days after the election, 

Dorman, who had already assisted at the legal canvass, was the only 

justice of the peace in the county. On that day the governor, at Driggers's request, made to enable him to get up this false canvass, gave 

D1iggers a commission appointing William Green as a justice of the 

peace, and Driggers looked him up and secured his aid. The three 

conspirators, under the cover of darkness, sought the court-house. They 

knew that the canvassing board h::td met, discharged their duty, and 

adjourned. Driggers bad, in conversation with the clerk, announced 

himself as satisfied with the can>ass already made. There were no 

spectators. 

They took the precinct returns as the canvassers had left them. Driggers presided, and without any endence before them, without seek- ing for any, they undertook to throw out the unchallenged returns from 

the two Democratic precincts of J obnsville and D:ubyville, which gave 

• 
1888. CONGRESSIONAL RECORD-SENATE. 8289 

149 votes to the Tilden electors and 13 to the Hayes electors, and to 

include only the other two precincts in their pretended canvass. They remained at the clerk's office but a short time and completed 

their wo1·k at the house of a neighbor. 

The two precincts thus thrown out just reversed the result, and instead of 90 majority for Tilden it is 46 for Hayes, as the :figures show: 

--------------------------------------------I-T-i_Id_e_n_. I Hayes. 

Former figures....................................................................... 24, 440 Deduct the two Bake1· County precincts................................ 149 

24,291 

24,350 13 

24,337 

Hnyes...... ...... .. . .. .... ... ......... ...... ... .......... ... .. ... . ... .. .. . ...... .. . . ... .. ... .. . .... .. . . ..... .. 24, 337 Tilden.................... ..... ................................... ...................... ...... ...... ......... 24, 291 

Majority for Hayes........................................................................... 46 

All of these returns went forward to the capitol, and when the State canvassers presented the returns the secretary of state held back the 

true and honest return and brought forward the partial and fraudulent. 

substitute as the only return received from the county. It was only 

after a determined effort that the chairman of the Democratic State 

committee succeeded in drawing from the secretary of state the return 

first received, which proved beyond all successful controversy that the 

papers upon their face showed that Tilden was entitled to the electoral 

vote of the State. 

So thoroughly was this fraud exposed that the State canvassing board 

refused to give vitality to it and canvassed the county by including the 

returns from all the four precincts, and thus it was admitted that, so far as the retums are concerned, they show a Tilden majority, and 

they were as follows when arranged by counties: 

Democratic electors. Republican electors. ui 

s:: 

a5 s:1 ui ci :;s 

b.O ~ {1 Q) -~ ~ c: s:: 1: s:l· J.< en 

Counties. 0 ~ iE 0 i 8 Q) ..d ;::::; ..:i "0 

~ A s:: r:s a J.< 0 a Ill 0 ~ r:Q ~ aS Ill r:s Q) E I:Q 0 r:s .s Ill ~ ~ ti: Pot ~ ti: Q) J.< J.< 

~ ~ Q) Q) Q) 

0 ~ ~ ~ 0 

a ..0 ..0 J.< 

i;: 0 0 ti c! c! 

~ ~ ~ r:.; 0 8 0 ::s ----------------- - Alachua ................ 1,267 1, 267 1,267 1,~ 1,984 1,984 1,984 1,984 ······ ...... Baker_ .................. 238 238 238 143 143 143 143 ······ ······ Brevard ............... 111 111 111 111 58 58 58 58 ...... . ..... Bradford ............... 703 703 703 703 202 202 202 202 . ..... Calhoun ............... 215 215 215 215 63 G2 63 63 1 . ..... Columbia. .............. 903 903 903 903 718 718 718 718 ...... ...... Clay ..................... 286 'lEI 'lEI 287 122 121 122 122 ······ Duval. .................. 1,436 1,437 1,437 1,437 2,367 2,366 2,367 2,366 . .... 1 Dade .................... 5 5 5 5 9 9 9 9 . ..... ...... Escnmbia .............. 1,426 1,426 1,426 1,426 1,602· 1,602 1,602 1,602 ...... ...... Franklin ............... 167 167 167 167 91 91 91 91 . ..... ...... Gadsden ............... 835 835 835 835 1,300 1,300 1,300 1,300 . ..... ...... Hamilton .............. 617 617 617 617 330 330 330 330 . ..... ...... Hernando ............ 579 579 578 579 144 144 144 144 ...... ...... HilJsborough .. ..... . 790 790 790 789 186 186 186 186 ...... ...... Holmes ................ 300 300 300 300 16 16 16 16 . ..... ······ Jackson ............... 1,397 1,397 1,397 1,397 1,29) 1,299 1,299 1,299 ...... . ..... Jefferson .............. 737 737 737 737 2,660 2,660 2,660 2,660 ...... ...... LaFayette ............ 309 309 309 309 . 62 62 62 62 . ..... ...... Leon ..................... 1,003 1,003 1,003 1,003 3,035 3,035 3,035 3,035 . ..... ...... Levy .................... 487 488 487 487 207 207 207 206 . ..... ...... Liberty ................. 147 147 147 147 83 83 83 83 ...... ...... 1\ladison ............... 1,078 1,078 1,078 1,078 1,524 1,524 1,524 1,524 . ..... ...... Manatee ............... 262 262 262 262 26 26 26 26 ...... . ..... Marion ................. 958 958 958 958 1,552 1,55:.! 1,552 1,552 . ..... ...... 1\Ionroe ................. 1,047 1,047 1,047 1,047 980 980 980 980 ....... ...... Nassau ................. 667 667 666 667 802 802 802 802 ...... ...... Orange ................. 908 908 908 9ffl 208 207 208 206 ...... ...... Putnam ......... ...... 505 605 605 605 586 586 586 586 ...... ...... Polk ..................... 456 456' 456 456 6 6 6 6 ...... . ..... Santa. Rosa. ........... 768 768 768 768 409 409 409 409 ...... ...... Sumter ................. 506 506 506 505 173 173 173 173 ······ . ..... St.John's .............. 501 501 501 501 338 338 338 338 ...... . ..... Suwannee ............ 626 6.26 626 626 458 458 458 458 .. ..... . ..... Taylor .................. 242 242 242 242 73 73 73 73 ...... ...... Volusia ................. 460 459 459 460 186 186 186 186 . ..... ...... Wakulla ................ 361 361 361 361 182 182 182 182 . ..... ...... 'Valton .. ; .............. 626 628 628 628 46 46 47 46 . ..... ...... 'Vashington ......... 407 407 407 407 ll9 119 119 119 ...... ...... , -----J ---,.--

Total ........... 24,440 24,350 

---

I miaht safely stop here, for, as I will show later on, the Supreme 

Court fi'n.a.Ily decided that it was the duty of the State canva~sers to 

count the returns, and that they had no right to change them or to re- ject them when regular on their face. But !prefer to call attention to 

the fact that the Republicans had everytbirig to lose and nothing to 

gain by an investigation of the election, and I shall confine myself to 

the larger matters which were brought.to the attention of the State 

canvassing board. 

In Leon Co'unty, at a precinct known as Richardson's School-House, 

:.bout 10 miles from the State .capital, 73 "little jokers," as they were termed, were surreptitiously introduced into the box, probably before 

the election commenced. This '' little ioker '' was a -very small ballot 

XIX-519 

with the names of the electoral, State, and county candidates of the 

Republican party printed upon it. 

The circumstances attending this fraud were as follows: Bowes was the leading spirit. He was the County Superintendent of public instruction and the local editor of the H.epublican organ at Tallahassee. 

He sent word to Amos Rouse, who bad been appointed as the Democratic inspector, who lived a few miles from the voting-place, that he 

would call at his bouse on the morning of the election, take an early 

breakfast with him, and go on together with him to the precinct at 

Richardson's School-House. Instead of ~oing so he took Lawrence R. 

Booth, Isaac Dent, and Wiley Jones, three colored men and Republicans with him the night before and they slept at the school-house. 

They were all non-residents of the district. Rouse delayed a little before going to the precinct on the morning of the election, waiting for 

Bowes, and at length rode on to the school-bouse and rea-ched there before 8 o'clock, the time fixed by law for beginning the election. He 

found that Bowes had substituted Isaac Dent in his place and that the 

election was proceeding without a Democratic officer. He staid by 

the ooxall day, and swea.rs that none of the ''little jok&rs ''were openly 

>oted and that none appeared till the box was opened at night. The 

poll-book consisted of a lot of detached sheets; neither the names nor the pages were numbered. It was proved that two or three of the 

sheets contained names of men who voted at other precincts; many 

of them swore before the House committee that they bad never been 

to Richard~on's School-House in their lives. 

These small ballots were printed at the office of the official news- paper of the St.:'tte, the Republican organ, and for the very purpose of 

fraud, though there was no proof that they were used elsewhere. 

Hayes received the full benefit of these 73 "little jokers," and as the 

face of the returns, even counting the false return from Baker County, 

only gave him a majority of 46, Bowes could claim that he made a President with these instrumentalities. He was indicted for his crime 

and fled to Washington, where he was provided for in the Treasury 

Department. 

In Jefferson County there was a population of about 3,000 males over the age of twenty-one. This was ascertained by a State census taken 

the year before, and by a census of those old enough to >ote t.'lken by 

the party organization of the Democratic party during the campaign. 

They differed about 150, a fair increase of the population during the 

interval. Notwithstanding this the registration list contained about 

4,350 names and 3,401 votes were cast and counted on the election day • A comparison of the registration list with the census showed that only 

2,829legal voters had actually registered. The excess was shown to 

be on the Republican side. If every person of the requisite age had 

been entitled to vote and bad vo:ed the excess was 572 (3,401-2,829) 

votes, which, however, is only the minimum of the fraudulent vote. 

Many had been convicted of crime or were from other causes disqualified from voting; some who had registered did not vote . The excess was composed of convicted and unpardoned criminals, 

young men in their non-age, repeaters, persons who had not gained a residence of sufficient length to entitle them to a vote; and in one precinct the county judge, who was also a precinct canvasser and a Re~ 

publican in good standing in his 'Party, at a precinct 10 or 12 miles 

from his home, boasted that he had substituted and counted a package 

of 100 Republican votes w bich had :not been cast by the voters for a sim .... ilar package of 100 Democratic votes which had been cast by the voters. 

These are the larger frauds which the Democratic managers established, and the difficulties in their way will be understood when I 

again state that all the machinery of the election and all the original 

records of it were in the bands of the Republican appointees. It will 

thus be seen that the Democratic majority of 90 was in spite of the following fraudulent votes and omissions: 

Clay precinc~, Democratic majority omitted .. :................................ ...... ......... 23 Archer precinct ............................................................................................... 219 Richardson's School-House................. ............................................................ 73 Jefferson, fraudulent Republican excess ........................................................ 572 

887 

The State canvassing board decided, contrary to law, that they had 

the power to go behind the returns, and instead of doing so in the interest of right they passed by these manifest frauds in Alachua, Leon, 

and Jefferson. All that they did was t~ count the omitted precinct 

in Clay and deduct about 60 from the Republican majority in Jeffer- son. This was a mere straining out of the gnats . 

They did, however, go back of some of the Democratic returns, and 

the following are the principal reductions, which I will review in order: 

------------------c-o_u_n_t_ie_s_. -----·-------------ITilden. jHa.yes. 

Hamilt.on: 

Jasper No.2........................................................................... 323 185 White Springs........................................................................ 83 5S Jackson: 

Friendship Church................................................................ 145 44 Campbellton........................................................................... 291 77 

l\1anatee..... .... .......... .... .... .. .... ...... ..... . ... ...... .. . ...... ... .. . ... ...... .. . . ..... 262 26 1\I.onroe.............. ......... ..... ... ....... .... .. . .. .. ............... ........ ....... ......... 401 59 

Total .................................................................................... -:i:'505"j 44~ 
-. 

8290 CONGRESSION1tL RECORD-SEN.ATE. SEPTEl\fBER 5, 

In 1Jamilton County two Democratic precincts were attempted to be wn.s found to be true, and the utmost indifterence was manifested about 

thrown out by a majority of the State ~nvassing board, against the filling the vacancy, though at fu·st the secretary of state talked fairly 

protest of the third member. At Jasper No. 2 the hoard continued its about the matter. The Democratic State committee offered to pay all 

work until 4 the next morning, and the result was publicly announced. the expense of carrying on the necessary correspondence by telegraph 

The night '"as cold; there was no fire in the court-house, where the and to make a bond for the new officer, whoever he mi(}'ht be at Tallaelection was held. The officers had -been on duty for about twenty hassee. This offer was not accepted, and the State ~fliciais pursued 

hours and were exhausted. They adjourned without objection till 9 the usual course. 

a. m., when they reconvened, filled up, and signed the papers accord- The office was offered to one J. D. Green, a Republican, and he was ing to the result as announced the night before. The figures were un- notified by mail of his appointment, but his acceptance and bond were challenged, and the irregularities complained of had no effect what- delayed, and he did not quality till after the election. The accept- ever upon the vote as cast aifd counted. The return was regular upon ance of the reSignation only_ a. month before the election by the govits face, and the attempt to exclude it was in violation oflaw, and the ernor, who was a. candidate for re-election, and the delay in filling the 

courts which passed upon thiS vote decided that it must be counted. office could have been for no other purpose than· to prevent the reO'isAt White l::3prings the election was regular, fair, and unchallenged. · tra tion of the new voters, in . the hope that the election mio-ht"'be 

But the blank foTm sent to the precinct was defective; there was no abandoned, or clouded if held at all. 0 

place in it for the electoral vote, and it was overlooked, and the electoral But there were citizens of Manatee County who knew their rights 

vote, w~ich had been publicly announced and was known to tp.e com- and had the courage and intelligence to maintain them. T•le eounty 

munity, was omitted in the return, though appearing on the tally-sheets judge, Ron. E. M. Graham, . was ·an able and experienced lawyer, 

and on· the ball_ots which were strung and forw~rded to the <;ourt-house and under his direetion all the formalities of the law were carried out 

with the return. When the county canvass began, six days later, the as closely and fully as they could without the aid of a clerk. The 

omission was discovered; the inspectors were summoned to the court- county commissioneis met and made arrangements for the election. 

house and requested to correct their return. They could have been The people assembled at the voting places as at the preceding election. 

forced to do it under the laws of Florida. They reviewed their work, Inspectors were appointed for each precinct. The boxes, papers, and 

used the tally-sheets and other papers, .a.nd filled out a new set of re- forms that were necessary for holding the eleetion, except the lists of 

turns which simply spoke the tmth. Everybody knew it to be the voters which only the clerk could furnish, were sent out in due time. 

true return. No objections were made to the course pursued, and the The inspectors were directe to allow none of the new '\"Oters, who had 

officers simply discharged their duty. The county canvassers accepted been unable to register, to vote, and to receive only the votes of such 

the return and included it in their county canvass. as had registered and voted at former elections. 

Itwouldhave beenstrangeindeed if the courts had sustained the effort · As a. new registration is not necessary at every election under the 

t o deprive the people of Hamilton County of their votes on such slenner Florida law these were qualified voters. And in order that there might · pretexts, especially when these mistakes and irregularities occurred be no doubt as to the qualifications of those who actually voted, each 

t hrough election officers appointed by the Republican State and county voter was required to swear that he was so qualified before his vote was 

governments, who we1·e not likely to aet against those who appointed received. In this way a part of the vote of the county was saved. The 

them, and no charge of corruption was ever made against either set or election was orderly an~ quiet · 

inspectors in connection with these matters. The only effort that was · At some of the precincts mem hers of both political parties particimade to charge fraud upon the Democrats was in Jackson County, and pated in it; at some the Republic.:'lns remained away. The returns 

it was upon this ground that the two .precincts of Friendship Church were formal and regular, and were duly canvassed and sent up to the 

and Campbellton were excluded from the count in the first canvass State capitol, where all these facts were shown before the State can- made by the State canvassing board. _ vassing board. . 

This charge was based mainly upon the idea that all the colored peo- The vote as compared with that at the nearest preceding elections 

ple voted the Republican ticket. A miscount or substitution of 56 was as follows, and Mr. Graham testified that since 1 74 there had 

vote.<J was alleged at· Campbellton. There were two Republican in- been many changes of influential men from the Republican to the 

spectors and one Democratic, as was testified before the Senate com- Democratic party: mittee by one Jam,es Gaston, a. United States deputy marshal on duty 

D emo- Repub- 1 ---------------E-1-ec_t_io_n_. ______________ c_r_at-ic_._~~ 

there, and himself a Republican. A similar miscount of 23 Was alleged at Friendship Chmch. And irregularities were charged at both 

precincts which, if true, would be sufficient to throw a cloud upon the 

result but for the fact that the Republic.:1.ns had a majority of the elec- tion officera and would hardly defraud their own party friends. 1872-Presidential.. ................................................. . 

D 18<4.-Congi·essional .......................................... ..... . 24.9 'i7 326 198 79 1 Zl7 

There was much conflicting evidence. But the emocrats produced 1876-Presidential.. ................................ - ............. .. 262 26 288 testimony to show that large numbers of colored men had voted the 

Democratic ticket secretly, because of the espionage kept over them 

and the persecution visited upon them by those of their color who were Republican partisans. After the election soldiers were ordered to the county, and some affidavit takers accompanied the detachment from Tallahassee. No matter what may have been the intention of the officer who sent these 

troops or the disposition of the one who had immediate command of 

them, the Republican managers well knew how to take advantage of 

their :presence. The ignorant colored men under this pressure were collected by scores and made affidavits in wholesale quantities. 

No fair-minded man, who knows the political and social condition of 

the Southern States during the terrible period of the second reconstruction, can read over all the affidavits and testimony" taken upon 

the Jackson County election about the time of the electoral contest, and give a verdict against the official result. And if they could the whole loss t o the Republican party which is claimed is less than their 

fraudulent addition to the Renublican result at Archer precinct, No. 

2 in .Alachua County, which was proved beyond a doubt or a perad- v~nture, and was afterwards admitted by the chief of the guilty adors. 

The next county that invites our attention is Uanatee. In 1876 this was far beyond all railroad 6_ommunication. Some of the towns and 

settlements in its western borders could be reached by steam-boat, but 

the only means 'of travel to the larger part of the county was by stage 

or private conveyance to Gainesville, the most a-ccessible point on the 

railroad, which was 175milesormorefromPineLevel, the county site. 

It wn.s in an attractiYe llart of the State, whither the tide of immigration was then drifting, and the >ote was always on the increase. 

The history of the transaction shows that it was a part of the programme of the managers of the Republican campaign in Florida to deprive the people of Manatee of all their elective rights in 1876, and rob 

the county of her vote. During the month of October it was rumored that the Republican 

clerk had resigned, and notice of the rumor was sent to the Democratic 

State committee over the Cu.ba:wire, which extended through the west- ern part of the county. Upon inquiry at the State capitol the rumor 

The only excuse for throwing out the county was that some of the 

formal requirements of the law were not complied with before the elec- tion. Why they were not has_.been shown. It was because there was no clerk, and some of the clerk's duties could not be discharged by 

any one else; but if the Republicans su1fere9- any damage thereby it 

is manifest that it was beca,use they willfully refrained from voting in 

the hope that by doing so they might discredit the election. 

The other county that was attacked was Monroe, in the extreme 

southern part of the State1 including the island of Key West, and the 

third precinct, one of the wards of the city of Key West, was excluded on the following ground, which appears upon the return: 

This pre cinct rejected on the ground tha t the inspectors adjourned before completing the ca nvass and res umed a t a. different place n ext day, 

It was proved that the vote was canvassed regularly on the night of 

t he election and the result publicly announced, and that the returns corresponded with that result so far as the electoral, State, and Con- gressional vote was concerned. The adjournment was made at mid- night by general consent and without objection b y any one, all being -tired out with their continuous and protracted session, and two of the 

inspectors complaining that they were sick. 

This gives the history of the rejected precincts and counties. The reductions left the Hayes electors in the majority, and I 1eel safe in saying that, even if the State canvassers had had the power to exercise the 

jurisdiction they attempted, it was not exercised so as to support the 

right. The facts have been spread upon the public record, and the future 

historian can refer to them when the time arri\es for an impartial and 

correct history of this period. 

The State canvass was closed early on the morning of Dec.ember 6, 

the day fixed by law for casting the electoral vote; t he result was clearly 

indicated a few hours sooner by the marching of a detachment of armed 

soldiers into the capitol yard, and they placed their sentinels around 

the building and the night was illumined by their camp fires. It was the cowardice of conscious guilt that pfompted this movement, for Talla- hassee was as peaceful and quiet as an Arec'tdian village, notwithsta nd~. 
'1888. CONGRESSIONAL RECORD-SENATE. 8291 · 

ing the near termination of this important act of the great drama that was being enacted in the presence of the American people. 

But the Democratic leaders did not slack in their diligence. Pro- ceedings were at once commenced to contest the result. An information in the nature of a quo warranto was :filed in the circuit court of 

Leon County by the Democratic electors, one of whom was my col- league, who sued in their own behalf as well as in the behalf of t.he 

people of the State of Florida, and prayed due process of law against 

the Republicans who claimed to be electors to answer by what au- thority they attempted to perform the functions of electors, and fur- ther prayed judgment of ouster against them. The jnformation ·was served on the Republican electors, the court 

ordered a writ of summons to issue from the clerk's office, and the clerk 

issued it. It was served upon the defendants while coUected at the 

capitol to cast the electOral vote of the State and befOTe they had dischar.ged the duties of their offices. In this proceeding all the questions of law and fact were raised and tried. The question of the jurisdiction 

of the court was put in issue and decided in favor of the j nrisdiction. 

Issue was joined upon the merits of the case, and on the 25th day of 

January, 1877, a final judgment was rendered in fa,or of the Tilden 

electors and against the Hayes electors. The judgment was in the following words: · 

The State of Florida, ex ret. Wilkinson Cu.ll, Robert Bullock, Robert B. Hilton, and James E. Yonge, t'S. Charles H . Pearce, C. Humphries, \V. H . Holden, and T . W . Long. 

Information in the nature of quo warranto. And now, on this 25th day of Jammxy, 1877, came the parties by their attor- neys, and the court having fully considered what should be its findings and judgment herein, finds that respondents did not, as shown upon the face of the retums of the election held on the 7th day of November, A.D. 1876, transmit-ted to the Secretary of State from the several counties, and aid not, in fact (as shown by the proof produced herein), receive the highest number of votes cast at said election for electors -of President and Vice-President of the United States for the State of Florida. But that the relators did, as shown by said re- tun1s upon their face, and did in fact, as shown by the proof produced herein, receive the highest number of votes cast at said election for such electors. It is therefore considered and adjudged that said respondents, Frederick C. Humph- ries. Charles H. Pearce, Wjllirun. H. Holden, and Thomas \V. Long, were not, nor was any one of them, elected, chosen, or appointed, or entitled to be de- clared elected, chosen, or appointed, as such electors or elector, or to receive cer- tificates or certificate of election or appointment as such electors or elector. And that the said respondents were not, upon the 6th day of December, or at any other time, entitled to assume or exercise any of the powers and functions of such electors or elector. But that they were, upon the said day and date, mere usurpers; and that all and singular their acts and daings as such were and are illegal, null, and void. And it is further considered and adjudged that the said relators, Robert But- - lock, Robert B. Hilton, Wilkinson Call, and James E. Yonge, all and singular, were at said election duly elected, chosen and appointed electors of President and Vice-President of the United States, and were, on the said 6th day of De- cember, 1876, entitled to be declared elected, chosen, and appointed as such elec- tors, and to have·and receive certificates thereof; 11nd upon the said day and date, and at all times since, to exercise and perform all and singular the powers and duties of such electors, and to have and enjoy the pay and emoluments thereof. It is further adj ndged that said respondents do pay to the relators their costs by them iii this behalf expended. 

A motion w~s made for a new trial and was overruled, and notice 

of an appeal to the supreme court of the State was given. Au offer was made to secure an early hearing before the supreme court by General E. A. Perry, now governor of the State, and my col- league; who represented the relators, but the attorney for the"i"espond- ents declined an immediate hearing. In fact they never completed n or prosecuted any appeal, and the relators finaUy, under a rule of 

court, disposed of the proceeding by docketing the appeal and taking an order for its dismissal. The record of the action of the supreme 

court in this matter is as follows: 

No.ll. Fred. C. Humph ties, Charles H. Pearce, W . H. Holden, and Thomas W . Long, appellants, vs. The State of Florida exreZ. W. Call, Robert Bullock, R. B. Hilton, and James E. Yonge, appellees. . 

Now come the said appellees (and having produced and filed a certificate from the clerk of the circui~ court for Leon County, in which court said cause was tried, that an appeal had been obtained and bond given by said appellants) and move the court to docket and dismiss the appeal herein taken, becanse the ap- pellants have, for two terms of this court, failed to file in this court the copy of the proceedings in the court below. · E. A. PERRY, 

Attorney for Appellees. 

JANUARY 15, 1878. 

I, David C. Wilson, clerk of the supreme court of the State of Florida, do he1·eby certify that the above is a true copy of motion No. 11. of the January 

term, A. D. 1878, as it appears on page 201 of motion docket No. 1, now in my office. In testimony whereof I have herem1to set my hand and affixed the sool of said supreme court, at Tallahassee, this 14th day of l'tfay, .A. D.l888. · DAVID C. WILSON, 

Clerk Supreme Cou1't State of Flo1·ida. 

At a regular term of the supreme court of the State of Florida, held in the su- preme court room in the city of Tallahassee, on Friday, the 18th day of Jan- uary, .A.D. 1878. Court met pursuant to adjournment. Present: Hon. E.l\I.Randall, chief-justice; J.D. Westcott, R.B. Van Valken- burgh, associate justices. , 

I, David C. Wilson, clerk of the supreme court of the State of Florida, do hereby certify that the above is a true and correct copy of the order dismissing the appeal in the above stated cause, as it appears upon the minutes of said su- preme court, on page 653, volume 1, 1\linutes Supreme Court of Florida, and dated January 18, A. D.l878. In testimony whereof I have hereunto set my hand and affixed the seal of said supreme court, at the court-room in the city of Tallahassee, this 5th day of l\Iay, A. D. 1888. [SEAL.j DAVID C. WILSON, 

Olerk Sttp1·eme Court of Florida. 

.This could not be done until after the inauguration of Mr. Hayes, 

and was fJ."Uitless so far as the possession of the office of the Presidency was concerned, but it demonstrated the fact that by the judgment of 

the highest court in the State four of the electors who voted for him 

were usurpers, and without those votes he had, in good conscience, no valid title to the high office be occupied. 

While the appeal prevented an execution of the judgment of ouster 

in the quo warranto proceedings, the efficacy of the judgment was not 

impaired by such appeal. 

Meanwhile the attorney-gene~!, constituting a minority of the can- vassing board, certHied to the election of the Democratic electors, but 

the governor refused them the usuallists and gave them to the Republican electors. The Democratic electors met at the State capitol, voted 

for Tilden for President and Hendricks tor Vice-President, complied so far as was in their power with all the requirements of the law, and 

sent on the certificates of their action to the proper persons, one of 

them to the President of the United States Senate. These certificates were perfect except that they were not accompanied by the lists of the names of the electors made and certified by the governor, and this is 

not a constitutional but a statutory requirement, and such certificate was not regarded as essential by the Electoral Commission in the Oregon case. Bt;tt if the evidence of their title was not present it existed, 

and the votes cast by them and certified actually represented the true 

result. 

The questions of law and fact came before the- supreme court of the 

State in another branch of the case, and while the electors were not 

parties and were not technicaUy bound thereby, the canvassing board 

were, and it was through their action that the Republican electors obtained their possessory title to the offices whose duties they attempted 

to discharge. 

The State canvassing board went on after completing the electoral resul~ as already stated and by the same methods worked out a ma- jority for the Republican candidate for governor, though somewhat 

smaller, owing to the difference between the State and the electoral 

vote. 

Thereupon the Democrats applied for and obt..'tined from the supreme 

court of the State an alternate writ of mandamus requiring the canvassing board to reconvene and canvass the returns as they appeared on their face or show cause to the contrary. 

In this suit(which is reported in 16 Florida) the supreme court passed 

upon the whole case, the powers of the board of Sta te.canvassers, their 

duties under the law, and the actual result of the election so far as the 

State officers were concerned. They sustained the face of the returns, 

they decided that the vote of :Manatee County was improperly excluded, and that the reduction in the vote of Hamilton, Jackson, and Monroe was without authority oflaw. I have that judgment here. 

It is as foUows: 

State of Florida on the relation ofGeorgeP. Drew, plaintii.l', vs. Samuel B. McLin, 

secretary of state, William Archer Cocke, attorney-general, and Clayton .A. Cowgill, comptroller of the State of Florida, respondents. 

This day came the parties, by their attorneys, and thereupon the matters of law arising upon the rel<\tor's demurrer to the answers, original and amended, of the respondents, being argued, it seems to the court that the said answers and the matter therein contained are not a sufficient answer in law to the al- ternative writ issued herein, and that said return is insufficient. Therefore it is considered tliat a. peremptory writ be awarded, directed to the said Samuel B. McLin, secrP.Iary of state, William Archer Cocke, attorney-general, and Clay- ton A. Cowgill, comptroller, board of canvasser:! of election of the State of Flor- ida, commanding them that they forthwith meet and convene and reassemble a-s a board of State canvassers in the office of the secretary of state, to canvass and count all election retmns on file in the said offirie of the secretary of state of the said eleetion for the office of governor, held on the 7th day of November, A. D.l876, and that as such board of State canvassers they "canvass and count the returns for said office from each and every of the counties of this State wherein a.n election was held for said office, and especially that they do canvass and count the said election returns from the said counties of Jackson, Hamil- ton, :Manatee, and Monroe, and that they determine from a canvass and count and examination and tabulation of all the votes cast for said office of governor at said election in all the counties of the Stale, as shown by the eleclionreturns of said election received at the office of secretary of state, who has been elected by the highest number 'of votes to the said office of gO'Irernor, as sho\Vn by the said returns, and that they do, as such board, make and sign a certificate, as re- quired by Ia w, containing in words and figm·es, written at full length, the whole number of votes given at said election as shown by said returns for the said office of governor of the State of Florida, and the number of votes given for each person voted for for said ofiice, and in said certificate declare the result of the said election for governor of the said State. 

Fl"ederlck. 0. Humphries, Charles H. Pearce, W . H. Holden, and Thomas W. Long, appellants, vs. The State of Florida ex rel. Wilkinson Call, Robert Bul- lock, R. B. Hilton, and James E. Yonge, appellees. Quo Wtl.rranto. .Appeal ' from Leon cil:cnit court. 

.And that they do perfectly execute this writ on or before the 27th day-of De- cember, A. D.1876, and how they shall have executed it make return to our su- preme court on that day by 4 o'clock p.m. in writing, to be filed in the clerk's office of said court. 

The canva.ssing board then proceeded to canvass the vote for governor 

as directed by the court and reported their canvass to the court. The 

animus of the majority of the board, and yerhaps I may with propriety 

say, their moral obliquity is manifest from their next step. They a~

Motion (No. 11) heretofore entered to docket and dismiss the appeal in this cause was this day submitted to the co-:ll't; whereupon it was considered by the court l-hat said motion is.granted. 
,;-

• 

8292 CONGRESSIONAL RECORD-SENA~rE. 8EPTEMBEll 5, 

tempted to force upon the court a canvass of the electomi vote which 

had not been called for and could not have been in thn.t action. In this 

canvas..<~ they followed the views of the court so far as the counties were 

concerned in which they bad violated the law at the former canvass, 

but they were determined to make it appear that the Hayes electors 

had received an apparent majority. 

They accomplished this by laying aside the full and honest vote of 

Baker County, which they had before canvassed and which was contained 

in the regular return made by the clerk and a justice of the peace and 

which was bytbeirown official action pronounced genuine, and substituted for it the false and partial Driggers return, which they themselves bad formerly ·rejected and cqndemned. They went further and 

·rejected the entire vote of Clay County, which bad never been attacked, 

simply because the county canvassers had failed to include one of the 

precinct returns in the result; in other words, because the people of 

that county bad been deprived of 29 Democratic and 6 l{epublican 

votes, therefore they attempted to wrong her still further and deprive 

her of her remaining votes-287 Democratic and 122 Republican. 

This return was stricken from the record by the order of the court, 

and the board was required to confine itself to its proper return of perfect obedience. 

This was done, and the peaceful inauguration of Governor Drew, who 

had been elected by the Democratic voters, soon followed. -

In justice to the judges who made this righteous decision I wish to 

call attention to the fact that two of them, Chief-Justice Randall and 

Associate Justice VanValkenburgh, were Republicans, and continued 

so afterwards. The latter has recently died, and our people, without 

regard to party, lament his death and honor his memory. The third, 

although inclined to the Democratic party, had not been pronounced 

in his political views from the time of the closing o...f the war. They 

were all appointed by a Republican governor and held their offices by a life tenure. · 

The Legislature met early in January; it hadalargeand undisputed 

Democratic majority in both branches. It early addressed itself to the 

task of obtaining a true canvass of the electoral vote, so that the wrong 

which bad been attempted againsttheStatemigbt be frustrated before its 

maturity and completion: A bill was framed and passed into a law on 

January 17, 1877. entitled "An act to be entitled an act to procure a 

legal Cc-'l.nvass of the electoral vote of the State of Florida as cast at the 

election held on the 7th day of November, A. D. 1876. '' 

It ordered the State canvassing board to meet forthwith and canvass 

the electoral vote according to the construction of the law as declared 

by the supreme court in the mandamus ca-se just referred to. 

The law is in the following words: 

Chap. 3049.-.A..n act to provide for a. canvass according to the laws of the Slate • of Florida, as interpreted by the supreme court, of the votes for electors of President and Vice-President, cast at the elec~ion held November 7,1876. 

SECTION 1. The secretary of state, attorney-general, and the comptroller of public accounts, or any two of them, together with any member of the cabinet who may be designated by them, shall meet forthwith at the office of the secre- tary of state, pursuant to notice to be given by the secretary of state, and form a board of State canvassers and proceed to canvass the returns of the election of electors of President and Vice-President held on the 7th day of Novcm-. ber, 1876, and determine and declare who were elected and appointed electors at said election as shown by such returns on file in the office of the secretary of sto.te. 

SEc. 2. The said board of State canvassers shall canvass the said returns ac- cording to the fourth section of the stat.ute approved February 27, 1872, entitled "An act to amend an act to provide for the registration of electors and the hold- ing of elections, approved August 6, 1868," and according to the construction declared and the .1·ules defining t-he powers and duties of the board of State canvassers tmder said law, prescribed in and by the supreme court of this State, in the case of the State of Florida on the relation of Bloxham vs . .Jonathan C. Gibbs, secretary of state, et aZ., decided in January, 1871, and in the case of the tSate of Florida on the relation of George F. Drew vs. Samuel B. McLin, secre- tai·y of slate; William Archer Cocke, attorney-general, and Clayton A. Cow- gill, comptroller of public accounts of the ~tate of Florida, decided December 23 187G. I • 

SEc. 3. The said board shall make and sign a certificn.te containing in words written at full length the whole number of votes given at said election for each office of elector, the number of votes given for each person for such office, and Lherein declare the result, which certificate shall be recorded in the office of the sccretat·y of state in a book to be kept for that purpose, ana the secretary of state shall cause a certified copy of such certificate to be published once in one or more newspapers printed at the seat of government, and shall transmit two certified copies of such certificate, one to tho presiding officer of the senate and <Jne to the presiding officer of the assembly of the State of Florida. SEc. 4. This act shall take effect from and after its passage. Approved January 17,1877. 

The board met under this authority, and canvassed the returns from 

the different counties of the State with the following result: 

Tilden electors. Hayes electors. 

at Archer precinct No. 2, the omitted precinct in Clay County, the 

wholesale additions to the Republican vote in Jefferson County, and 

the 73 little jokers which were smuggled into the box at Richardson's School-House in Leon County. There was no way of elimin~ting these errors and frauds, but they were not quite large enough 

to reverse the honest Democratic majority. After the announcement 

of this result another act was passed to cure and correct the wrong and 

error that had been done before it had operated to reverse the will of 

the people as declared at the polls. The act ~as as follows: An ad to declare and establish the appointment by the Slate of Florida of electors of President and Vice-President. 

Whereas at the general election held in this State on the 7th of November ,1876, 

according to the returns from the several counties on file in the office of the sec- retary of state, and according to a canvass, and a statement and certification thereof, made by the secret.ary of state, treasurer, and comptroller of public ac- counts, under an act of this Legislature, entitled" An net to procure a legal can- vass of the electoral vote of the St·ate of Florida as cast at the election held on the 7th day of November, A. D. 1876," Robert Bullock received 24,437 votes for the office of elector of President and Vice-President of the United States; Rob- ert B. Hilton received 24,437 votes for the said office; Wilkinson Call received 24,437 votes for the said office; .James E. Yonge received 24,440votesfor the said office; Charles H. Pearce receh-ed 2-!,345 votes for the said office; Frederick C. Humphries received 24,349votes for the said office; 'Villi am H. Holden received 24,350 votes for the said office; Thomas \V. Long received 24,344 votes for the said office; and 

Whereas, as shown by the said returns, the said Robert Bullock, Robert R. Hilton, \Vilkinson Call, and .James E. Yonge were duly chosen and appointed electors of President and Vice-President of the United States by the l:itate of Florida, in such manner as the Legislature of the said State had directed; and Whereas the board of State canvassers constituted under the act approved 

February 27, 1872, did interpret the laws of this State defining the powers and duties of the said board in such manner as to give them power to exclude certain regula1· returns, and did in fact under such interpretation exclude cer- tain of such regular returns, which said interpretation has been adjudged by the supreme court to be erroneous and illegal; and \Vhereas the late governor,l\Iarcell us L. Stearns, by reason of said illegal ac- tion and erroneous and illegal canvass of the said board of State canvassers, did erroneously cause to be made and certified lists of the names of the electors of this State, containing the names of the said Charles H. Pearce, Frederick C. Humphries, 'Villium H.. Holden, and Thomas W. Long, and did deliver such lists to said persons, when in fact tba said persons had not received the highest number of vote~, nnd, on a canvass conducted according to the rules prescribed and adjudged ns legal by the supreme court, were not appointed as electors or entitled to receive such lis~-s from the governor, but Robert Bullock, Robert B. Hilton, Wilkinson Call1 and James E. Yonge weredulyappointedelectors, and were entitled to have tneir names cow pose the lists made and certified by the governor, and to have such lists de!ivcred to them: Now, therefore, 

The people of the Slate of Florida, 1·epresented in senate a:nd C'.-ssembly, do enact as follows: SECTION 1. That Robert Bullock, Robert B. Hilton, Wilkinson Call, and James E. Yonge were, on the 7th day of November, 1876, duly chosen and ap· pointed by and on behalf of the State of Florida, in such manner as the Legis- lature thereof has directed, electors of President and Vice-President of the United States, and were from the said 7th day of November, 1876, and are au- thorized and entitled to exercise all the powers and duties of the office of elec- tors as aforesaid, and had full power and authority on the 6th day of December, 

1876, to vote as such electors for President and Vice-President of the United States, and to certify and transmit their votes as provided by law, and their acts as such electors are hereby ratified, confirmed, and, declared to be valid to aU. intents and purposes; and the said Robert Bullock, Robert B. Hilton, \Vilkin- son Call, and James E. Yongc are hereby appointed such electors as on and from and after the said 7th dav of November, 1876. SEc. 2. The governor of this Sta.te is hereby auth01·ized and "directed to make ancl certify in due form, under the great seal of this State, three lists of the names of the said electors, tow it: Robert Bullock, Robert B. Hilton, "Wilkinson Call, and James E. Yonge, and to transmit the same, with an authenticated copy of this act, to the President of the Senate of the United States; and said lists and certificates shall be as valid and effectual to authenticate in behalf of this State the appointment of such electors by this State as if they bad been made and delivered on or before the 6th day of December, 1876, and bad been transmitted immediately thereafter; and the lists and certificates containing the names of Uharles H. Pearce, Frederick C. Humphries, "\Villiam H. Holden, and Thomas W. Long are hereby declared to be illegal and -void. SEc. 3. The governor of this State is further authorized and required to cause three other lists of the names of said electors, to wit: Robert Bullock, Robert B. Hilton, Wilkinson Call, and James E. Yonge, to be made and certified and forth- with delivered to the said electors; and the said electors shall thereupon meet at the capitol in-Tallahassee and make and sign three additional certificates of all the votes given by them on said 6th day of December, each of which certifi- cates shall contain two distinct lists, one of the votes for President and the other of the votes for Vice-President, and annex to each of the certificates one of the lists of the elect-ors, which shall have been furnished to them by the governor, pursuant to this section, and the certifica.tes so made shall be sealed up, certi- fied, and one of them transmitted by messenger and the other by mail to the President of the Senate, and the third delivered to the judge of the district, as required by law. SEC. 4. An authenticated copy of this net shall be transmitted bythesecretary of state to the President of the Senate of the United St.ates, and another copy to the Speaker of the House of Representatives ot' the United States. SEc. 5. This act shall telt:e effect from and after its passa.ge. Approved .January 26, l877. 

It declared the Tilden electors duly chosen and appointed. 

It authorized the governor to certify lists of the names of these electors to the President of the Senate of the United States, and declared 

such list.B as valid and effective as if they had been made before these 

electors bad voted for President and Vice-President. 

It declared the lists formerly given to the Hayes electors illegal and 

void. 

It authorized the true electors to meet and make additional certificates of the result and attach to them lists of the electors as required by _________ N_run ___ e_s·---------:~-V--o-te __ s. 1 

________ N __ run __ e_s_. _________ ,_v_o_t_es_. 

James E. Yonge .................. 24,440 William H. Holden ............ 24,350 Wilkinson Call.. .................. 24,437 Frederick C. Humphries ... 24,319 Robert Bullock .................... 24,437 Charles H. Pearce .............. 24,345 Robert B. Hilton ................. 24,437 Thomas W. Long ............... 24,344 

law. It directed copies of the act to be transmitted to the Secretary of 90 State the President of the Senate, and the Speaker of the House of Rep- : resentatives at Washington. All this was done, and the action of the 93 State as thus corrected by lawful and legitimate means was in the posWhich is the same as the result I have already given. It gives the 

Republican electors the benefit of the Alachua County fraud committed 

session of the President of the Senate when the two Houses of Congress 

met to declare the resnlt of the PresiQ.ential election on the 1st day ~ 

February, 1877. 

,- .. 
1888. CONGRESSIONAL RECORD-SENA'l'E. 8293 

Florida, through all the departments of her State government, bad I for any c11:use_ whatever, unless it be a power higher ~ban ,the State, on whom 

declared her action. The people bad gi..-en the Tilden electors a ma-~ the Const1tut10n baa expressly conferred such author1ty.-Electoral Commission, 

jority at .the polls, as declared publicly on the night of the election. page 59· . . • . 

The precmct canvassers in the severnl precincts of the different counties Th1s reasomng demes the power of the State Itself through any of Its 

had certified a majority for the Tilden electors to the countv authori- •departments to correct or 1·everse any wrong, no matter how clear or 

ties as the result of the C.:'l.nvass at the several precincts. T·he county palpable, unless the correctio-? can be made before the vote is cast. 

canvassers in the several counties had certified a majority for the Tilden A more reasonable conclusiOn would seem to be that the State had 

electors to the State authorities a~ a result of the canvass in the counties. control over the entire question of correction of error or prevention of 

The supreme court had laid down the true meaning force and effect of wrong as long as the matter was inchoate and until the actual consum4 

the law which must govern the board of State canv~ssers.' The Leo-is- mation of the wrong or error. If the right exists it is merely a queslature bad directed the board of State canvassers to discharge their d~ty tion of policy as. to ~hen it should be exercised, and its existence is 

as to the electoral vote under the law as defined by the highest judicial expressly reco~mzed ui a statut~ passed by the Forty-ninth Congress. 

authority in the State. The State canvassing board had declared the The act constituting the Electoral Commission gave to it all the 

Tilden electors duly chosen and appointed according to law. The elect- powers possessed by the two Houses over the consideration and deterora had met at the time and place required by law and discharged their mination of the electoral result. Ry the later act referred to the power 

duties according to the Constitution and laws, and their certificate, of correction is not granted, but it is clearly recognized, for, as is well 

clothed wit!;!. all the forms oflaw, was before Con !Tress.· sa.id in the opinion upon the Florida case just referred to, "there is for 

The Hayes certificate, which was also before Co;gress, was not based this purpose no such power (i.e., the power to reverse its action) higher 

on the popular vote nor a true can rass of the result. The Hayes elect- than the State.'' ors voted under a cloud, while their titles to the offices they assumed I have always believed that the Electoral Commission should have 

to hold were in litigation, which litigation had already been decided looked into the papers opened in the presence of the two Houses for 

against them and a judgment of ouster was in full force, conclusively the purpose of ascertain in~ therefrom w bich of the two certificates spoke 

settling their title till reversed, and it never has been reversed: The the true voice of the people of Florida. It would have been consistent 

only apparent advantage in their favor was the list of electors furnished with their reasoning as to the right of the State~ over the determination 

by the governor which contained their names. But this was not only of this question. false, but it had been so declared by the courts, the Legislature, and The State had in an orderly way, through her courts, her Legislature, 

the executive of the State, and following the law of the Oregon case and her executive department, proceeded to investigate and determine 

before the Electoral Commission it should have been disregarded. who her Presidential electors were. Her courts bad pronounced a 

The act of Congress to provide for and regulate the counting of the judgment of ouster against the Hayes electors in a cause regularly tried 

electoral vote was approved January 29, 1877, after all these proceed- in which these electors appeared and pleaded, and bad declared the 

ings had been completed and after the true and valid certificate of the Tilden electors to be elected. They bad passed their solemn judgment 

vote of Florida had reached the President of the Senate. upon the correct interpretation of the statutes under which the canAccording to the terms of this act the tiVo Houses of Congress met vassing board derived its power, aud bad decided that the board had 

in the Hall of the House of Representatives on the 1st clay of February. violated the law in following the cour.se which had led to the result by 

The following power3 were given to the Electoral Commission by this 1 which the Hayes electors ban received certifi.mtes of election. 

act, as appears iu the second section (Electoral Count, page 5): .Her Legislature bad obtained a recanvas~ of the votes in accordance 

'Vhen all such obj~ctions so made to any certifi~te. vote, or paper from a State Wl th the law as declared by the courts, which recanvass was regularly ~11 have been receiVed and read, ~11 such certificates, Yote~, and pape!-'s S? ob- made in a lawful wav as prescribed by statute. The Legislature had 

Jected to, and all papers n.ccompanymg the same, togetherw1th such obJections, d . t' · 1 . b h _, f h" shall be forthwith submitted to said commission, which shall proceed to con- passe ~ em a Ive act, w ~n t e resrut o t IS recanvass deJ?onstrated 

sider the same, with the same powers, if any, now possessed for that purpose the falsity of the one previOusly made, before the court had mterpreted by the two Houses acting separately or together. and, by a majority of votes, the law - decide whether any and what votes from such State are the votes provided for · by the Constitution of the United States, and how many and what persons were The executi v~ officers ha-d, obedient to the law as enacted by the 

duly appointed electors in such State, and may therein take into view such pe- Legislature and in accordance with the true meaning of the st..'l.tutes 

titions, depositions, and other papers, if any, as shall by the Constitution and relating to elections as interpreted by the co~rts, ascertained the will now existing law, be competent and pertinent in such consideration; which de- cision shall be made in writing, stating briefly the ground thereof, and sin-ned of the people. This ascertainment bad been duly certified by the 

by the members of said commission agreeing therein: whereupon the"two chief executive, and the result of the election had been. by him transHouses shall again meet, and such decision shall be read ar.d entered in the mitted to Con2:ress and the executive department . .Journal of each House, and the counting of the voles shall proceed in conform- ~ ity therewlth, unless, upon objection made thereto in writing by at least five If ever a wrong of this kind conld have been righted there was no Senators and five members of the House of R-epresentatives, the two Houses reason why this one should not have been. Effort was exhausted. The 

shall separately concur in ordering othet·wise, in which case such concurrent Ineans were supplied. The remedy was in time before the spurious order shall govern. No votes or papers from any ot"b.er State shall be acted upon until the objections previously made to the votes or papers from any State shall vote had poisoned the whole mass and changed the. color of the final 

have been finally disposed of. result, and thus wronged and defrauded the whole American people. 

Under these powers the Electoral Commission reached the following The State ba.d done all in her poiVer and was present with the judgconclusion as to the vote of Florida, and so declared in their solemn ments of her courts, which were entitled to respect; with her legislajudgment (Electoral Count, page 196): tive acts, which were duly euacted, and with the formal and solemn 

The commission also has decided, and hereby decides and reports, that the declarations of her executive; and the Commission, in spite of the high ~o~~~~~~~:i:!~t before named were duly appointed electors in and by said po,yers given to it., said no authority can reverse the original action of 

The ground of this decision, stated briefly, as required by said act, is as fol- the State for mistake in law or fact, for fraud or for any cause what10T~~t it is not competent under the Constitution and the law, as it existed at ever. A deaf ear was turned to the State, and upon a plea of a want 

the date of the passage of said act, to go into evidence aliunde on the papers of jurisdiction her remonstrances were unheeded, and Mr. Hayes re- opened by the President of the Senate in the presence of the two Houses to ceived the four electoral votes of Florida, notwithstanding her execu- prove that other persons than those regularly certified to by the governor of tive, legislative, and judicial determinations to the contrar~. the State of Florida, in and according to the determinatiou and declaraL;on. of J their Rppointment by the board of State canvassers of said state prior to the A result thus reached, while it settled the controversy over the pos- time required for t.he performance of their duties, had been appointed electors, session of the Presidential office, did not settle the question as to whom .or by counter-proof to show that they had not, and that all proceedings of the the people elected. That is a question that history must settle, and 

courts or acts of the Legislature, or of the executive of Florida, subsequent to t.he fac .. " and circumstances I ba-.re reci'ted ,vi'll not down at the bi"d- the casting of the votes of the electors on the prescribed day arc inadmissible II') • 

for any such purpose. ding of any one. The contempt of no man, however high a.nd powerWith reference to this opinion I wish to say that the commission ful be may be, will prevent the future historian from making his indid not have to go into evidence aliunde the papers opened by the Pres- vestigations and reaching his conclusions. The case will be reviewed, 

ident of the Senate to obtain the proof of the action of the State in every witness will be heard, every motive will be weighed, every doccorrecting the wrong and fraud of the first State canvassing board and ument which may throw light upon these transactions will be searched 

the false certificate given by Governor Stearns. Such evidence was a and studied, and I have no doubt as to the final verdict. In fact, the 

part of the record. absolute forgetfulness of Mr. Hayes by the American people since the 

They did not find that the people of Florida bad chosen the Hayes expiration of the Presidential term that he filled is their verdict upon 

electors; they only found that the :first State canvassers had so declared the facts of the ~lectoral struggle of 1876. 

and that Governor Stearns had so certified, fa-cts which the whole In closing this subject I pi<)fose to group upon the record the opiucountry knew befor~ the Electoral Commission was organized. They ions of some prominent Republicans as to the vote of Florida in 1876, 

further found that 1t was not competent for them " to consider the and I shall select men who were in a position to know the truth, and 

proceedings of the courts or acta of the Le2:isla.ture or of the executive some of them were actors in the scenes I have described, others were 

of the State subsequent to the casting of-the votes of the Legislature witnesses, but all have at some time expressed their views, and this 

on the prescribed day." And all such evidence, though it was part and testimony is against their interests and wishes, which of course adds to 

parcel of the record, and with the papers opened fn the presence of the the strength and value of their statements. · two Houses, was rejected as inadmissible. General Francis C. Barlow, a distinguished Union soldier, formerly 

The reasoning upon which the commission acted was clearly and attorney-general of New York, a gentleman of the highest character 

forcibly stated by one of its members as follows: and at that time a Republican, and to use his own words "pretty veheWben the agencies which the St!tte bas selected have acted, the State has ment '

1 in his party opinions, went to Florida at the request of Presiacted; no power can reverse its action for mistake in law or fact. for fraud or dent Grant as one of the visitinp; statesmen. 
8294 -coNGRESSIONAL RECORD-_SENATE, SEPTEMBER 5, 

The following extract from a letter of President Grant to General 

Sherman dated November 10, 1876, about the time he requested General Barlow and other gentlemen to visit Florida and other Southern 

St..<ttes, will indicate the spirit in which the President expected them 

to act: 

Should there be any grounds of suspicion of fraudulent counting on either 

side it should be reported and denounced at once. No man worthy the office 

of President should be willing to bold it if" counted in" or placed t.here by any fraud. Either party can afford to be disappointed in the result, but the country can not afford to have the result tainted by the suspicion of illegal or false re- turns. -

He was present before the board of State canvassers during the entire 

contest. He mingled freely with men of both part.ies and had the opportunity of hearing all the witnesses and the views of the Republican 

leaders. Towards the close-of the proceedings he was invited by Ur. Cowgill, one of the State canvassers, to give him his views and they 

had a talk on the whole subject of the election. 

General Barlow says in testifying as to this conversation before the 

Potter committee: 

full sympathy with us. I can not say-how far my action may have been in- fluenced by the intense excitement that prevailed around me, or how far my partisan zeal may have led me into error-neither can I say bow far my course was influenced by the promises made by Governor Noyes that if 1\Ir. Hayes be- came President I should be rewarded. Certainly these influences must have- bad a strong control over my judgment and action. 

Reviewing my action at this distance of time, with all calmness, with my ar- dor cooled and my partisan zeal chilled by the President, who has basely betrayed and mercilessly destroyed the Republican party of the South, and crushed 

the very men who did so much for his election, I am persuaded that the Florida canvass was not comlucted with that cool, calm judgment and honest, unbiased 

decision that should have characterized a proceeding involving such vast and 

important interests. Instead of this I now see that the whole proceeding went through upon the highest wave of political excitement; that partisan feeling, 

stimulated to the utmost by the most powerful agencies, usurped the place of reason and sound judgment, and political expediency ruled the hom·. A large number of precincts were either contested by the Democratic or Re- publican party; YO]uminOUS testimony WaS filed, ana the lawyers of both sideS 

argued, each for their side of the issue, that it was the duty of the board to throw out and not include in the count, or retain and count precincts, on the ground of 

illegality in the conduct of the election or fraud that was charged to exist. The 

attorney-general of the State and a member of the board had decided that the 

board had quasi-judicial powers, and bad the right to exclude precincts from the count if the returns wen~ shown to be so "irregular, false, or· fraudulent as to I told him in conclusion that I did not see how on the whole the result of the prevent the board from ascertaining from them the true vote." \Vith this view 

electoral vote in the State could be fairly given to the Hayes electors; that with of its duties the board entered upon the work of the canvass with the conviction 

the application of the same rules, either strict or lax, to the Democratic andRe- that they were invested with large discretionary powers, which were of a mixed 

publican side of the question, a.nd the application of the principles which the character, political and judicial. the political largely predominating. courts have laid down in reference to whether n. whole poll should be rejected Partisan zeal and strong political bias had a powerful influence in the exer- for irregularities, I did not see how, fairly, the State could be given to the Hayes cise of these powers, and the Republicans having a majority of the board, the 

electors. I said that if I was in his place I should feel it my duty to vote for the cam·ass was largely in their favor, as the result proved. If the board had acted 

Tilden electors. · in accordance witll the decision of the supreme court of the Stale, defining the 

That General Barlow made a fiormal r

·eport to Pre·sl'dent Grant ill . powers and duties of the board in re~rence to throwing out precincts, since 

rendered., there is no question of the fact that 1\.Ir. Tilden would have been en- harmony with these views, and that he openly proclaimed them on his titled to tne vote of Florida. Excluding the return from Baker County, which 

return from Florida, are facts well known to -all familiar with this was counted, and which I have since learned from the parties who made it, was a falsely m!I.Ilufactured return, and including the true return, which corre- history. Dr. Clayton A. Cowgill, who sought the interview with Gen- sponded with the precinct returns of that county, would certainly have given 

eral Barlow, at which the foregoing statement was made, was at the the State to 1\Ir. Tilden. Archer Precinct No.2, Alachun. County, was included 

time State treasurer of Florida and a member of the board of State in the count. The fraud committed in this precinct was not shown to the board 

by the Democratic lawyers, although a conte twas made and much attention canvassers. He was a Republican, and afterwards voted to give the given t{) this precinct. But I have recently learned from the Republican leader 

certificates of election to the Hayes electors. But at this interview of tlmtcounty, that after the returns had been brought to Gainesville, the county 

held late at mght, with~ twenty-four hours of the decision, and after ~:~i 219 votes were adued to the returns by the inspector and clerk of said prehe h:td hear.d all the enden.ce and the argu~ent of co~msel, General! In Leon County 74- small Republican ballots were stuffed into the ballot-box 

Barlow testifies as follows w1th reference to his declaratiOns. at precinct No.9, yet it was not made to appear to even the satisfaction of the 

. Mr. Cowgill seemingly assented to what I said. He seemed very eager to get J Democ~atic members of the board that. those were false ballots. Subsequent 

what light and information he could and apparently agreed to what I said. I confessiOn _shows that they ~ere stu~e~ mto the box. l bad seen Joseph Bowes, 

remember that finally he distinctly said: "I a~ree with you; I can not consci- o_ne of the mspectors •. have t_10kets !:!1m1lar to them a few days before the elecentiously vote the other way; I can not conscientiously vote to give the State twn, and cautiOned h1m agamst the~ use, unless they were generally adopted, to the Hayes electors." This conversation lasted some time, and fi.na~y we and a.fte_rward learned ~hat he hll;d g1ve? them up: ' . heard somebody coming. I said to Dr. Cowgill, "Do not go, because thi.R must In Jeflcrson County, ~n a certam precmct at which l\Ir. J. Bell '"!as mspector, 

be one of our party friends and I want to say before whoever it is what I have 100 "Votes were surreptJtwuslyadded to the ballots and counted. JSo charge was 

just said to you." ' :~~~~~~e!~~er:::~~t~efore the board. The confessiou, of J. Bell since made to 

It was Governor Stearns who entered, and Barlow told him what Had the 219 votes fraudulently added to the Archer return, and the 74 votes 

h db "d b t J! h · fl tin C ill' · d stuffed in the box in Leon County, and the 100 votes surreptHiously added in a een sa1 i u , some .tres ill nence opera g on owg s min , Jefferson County, aggregating 393 -,otes, been rejected and the Democratic rehe voted contrary to these conscientious views on the day following. jected precincts which were excluded for irregularity and illegality, contrary 

Samuel B. McLin was another member of the board of State canvassers to the decision of the supreme court, been retained and counted, l'.Ir. Tilden • 

and its president. He was an extreme Republican and held the office would have carried the State. The conclusion, therefore, is irresistible that Mr. Tilden was entitled to the electoral vote of Florida, and not 1\Ir. Hayes. 

of secretary of state. In June, 1878, he appeared before the Pottei In making this statement my motives will doubtless be questioned by many, 

committee and filed a sworn statement he had prepared the previous but the facts wilt stand alone as the truth, without any man's motives to susM h · h ~ t th 1 t 1 t f 18"" d hil b ~ tain them. I am free to admit that, viewing things as I now do, and remem- arc Wlt re.terence o e e ec:ora conn 0 16, an W e e 1ore bering that 1\.Ir. Hayes was continually inspiring his personal friends and 

that committee and under examination he reaffirmed the substantial trusted agents by every means in his power to secure for him the electoral vote 

parts of this statement. The following extracts are taken from this of Florida and Louisiana, and believing it to have been a consoiOl.ts wrong on 

d · · full · h d 1 f h · k his part, done with knowledge that he had not been elected, as his subsequent paper, an 1 t appears In ill t e secon VO ume 0 t e testimony ta en repudiation of Governor Packard, whose title was bound up in his own, and his 

before the Potter committee (Forty-fifth Congress, third session, Mis- willfril and cowardly desertion of the very men who contributed so largely to 

cellaneous Document 31, part 2, pages 98 and 99) : his election have shown, my contempt for the pitiable littleness of the man is be-

[Paper purporting to be McLin's confession put in evidence, as follows:] 

As a member of the late State board of canvassers of the State of Florida, I 

feel impelled by a sense of duty to myself and justice to others to make the following statement: At the time the canvass was made I was not at any time conscious of acting 

otherwise than right and proper. I entered upon the canvass with the conviction that it was my privilege and duty in a political sense to give the benefit of every doubt in favor of the Republican p arty. I felt that where a question 

could be decided either way without doing violence to a public sense of justice, it was fairly allowable in politics that I should always lean to my own party, 

and give my decision in its favor, even at the haza.rd of straining a point. At no t ime did I feel that I occupied the position of a judge charged with the duty 

of a strict and nice weighing and balancing of all the evidence presented. 

Lookjng back now to that time I feel thattherewa.sacombination of influences 

that must ha\e operated most powerfully in blinding my judgment and sway- ing my action. I had been for many years and was at the time of the canvass a very active 

pa1·ti.san. I sincerely thought that our State and the nation would suffer irreparable injury if the Democratic party were to obtain the Presidency and the 

policy of hatred to the negro should obtain control at Washington. It was the common and universal talk that the very existenc:e of the men who in the South 

had upheld the Republican party depended upon the election of 1\Ir. Hayes. 

1\Ir. Hayes would sustain them throughout the South, while 1\Ir. Tilden would 

crush them. I was shown numerous telegrams addressed to Governor Stearns and others 

from the trusted leaders of the Republican party in the North, insisting that 

the salvation of the country depended upon the vote of Florida being cast for 

Hayes. These telegrams came from those to whom I had been accustomed to defer; the chairman of the national committee and the man who was the near- est personal friend of l\Ir. Hayes bad conducted the canvass. These telegrams 

also ga-,e assurance of the forthcoming of.money and troops if necessary in se- curing the victory for l\Ir. Hayes. Following these telegrams trusted northern 

Repub I icans, party leaders and personal friends.of Mr. Hayes, arrived iu Florida as rapidly as the railroads could bring them. I was surrounded by these men, who were ardent Republicans, and especially by friends of Governor Hayes. One gentleman particularly, Governor Noyes, of Ohio, w~ understood to rep- resent him and ~<peak with the authority of a warm personal friend, commissioned with power to act in his behalf. '.fhe.se men referred to tlle general destruction of the country should Mr. Tilden 

be elected ; the intense anxi~ty of the Republican party of the North and their 

I • 

yond my power of expression. Mr. Hayes has denied the validity of his own title in denying Governor Pack- ard's; he has ignored his :~!'lorida friends, showing that he believed them un- worthy and tainted with a fraud; yet he holds on to the Presidency, wllich in 

his own opinion was secured by this very fraud.. He has cowardly abandoned 

and betrayed his Southern Republican friends through fear of being ousted; 

that he believes he never was elected by the people. 

Whatever may be the opinion of men in regard to my motives, I give them 

facts and lea>e my motives to a higher tribunal. SAML. B. McLIN. 

The views of the Republican chief-justice of the supreme court of 

Florida, E. M. Randall, and the associate justice, R. B. Van Valkenburgh, have already been referred to. The whole q~estion ·. was before 

them, and their solemn judgment was in favor of the Tilden electors. 

L. G. Dennis was an active Republican partisan, familiar with all the .... 

circumstances. His ..sworn statement as to the Archer fraud, already 

submitted, and his testimony taken since the completion of the work 

of 1876, are conclusive as to the actual result. The record shows that he 

was indorsed by some of the leading Republicans of the country when 

he came to Washington to get an office in 1877 after 1\Ir. Hayes was inaugurated. He plainly says that he warned one of the visiting Republican statesmen, who had a controlling influence in the management of 

the Republican interests before the board of State canvassers, and who 

wanted Dennis to go upon the stand as a witness, not to introduce him 

unless he wanted to lose his case. And he accepted the suggestion and 

Dennis was not called upon to testify. 

The last Republican whom I shall now call is William J. Purmn,n. 

In 1876 he was a Representative in Congress from the first Congressional district of Florida and a candidate for re-election. If the work 

of McLin and Cowgill in counting in the Hayes electors in the State 

was, as the Senator from Ohio claims, right and just, then Parman wa8 

re-elected. He particjpated in the entire campn,ign and was actively 

at work aiding his party friends in ascertaining the result of the elec-
1888. CONGRESSIONAL RECORD-SENATE. 8295 

tion. He was as well informed with re2:ard to the inside history of the 

election and count as any member of his party. He was a Dian of courage and was always aggressive in maintaining his rights. But he could 

not stand up before the facts of this case and contend for the seat in the 

other House to which the board of State canvassers had aeclared him 

elected. He voluntarily gave it up. He made no contest, and his opponent was afterwards sworn in without objection from him. 

On the 14th day of February, A. D. 1877, he made. a speech in the 

House of Representati>es upon this subject of the then recent Florida 

election, from which the following extracts are taken, and nothing ever 

occurred in his subsequent career to ca~e any suspicion or charge that 

his distinct declarations that Tilden was entitled to the vote of Florida 

wero prompted by self-interest. He spoke as a Republican . having 

faith in his political principles, but believing that there was something 

higher and nobler than a blind adherence to his party, whether right 

or wrong. 

In the beginning of his speech he said: 

1\fr. PURMAN. Mr. Speaker, there are times in the life of man when silence 

under painful circumstances is a. synonym for caution, and duty undischarged may pass as only individual dereliction; but there come exjgencies in the life 

of representatives, whether upon this floor or in other bodies, when silence is a crime and duty unfulfilled may be treason to conscience, constituency, and 

country. 

Then, after giving some account of the period of the second reconstruction in Florida, he continues: 

Tho Republican party in our State, with all its dissensions healed and with the 

whole machinery of the State government in ~ts hands, went into the last cam- paign determined to win if our own resources and efforts, coupled with the most heroic devotion on the part of our voters, could achieve such an end. Free speech and free locomotion were enjoyed to the fullest extent by the 

speakers and manager of both sides, and at no time during the campaign or from n.ny portion of the State came up any cry of intimidation, with one or two mi.no ;· exceptions. It was without exception the most peaceful election ever held in the 'tate, and not one case of violence or disturbance on election day 

has come to my kno\>:ledgc. It seemed the peculiar privilege of the Republicans to win under all these adTantngeous circumstances, but it is a fact, sir, which I can not stand :upon this 

floor and deny, and which everv man, woman, and child in my State knows, 

that Florida was lost by the Republican party in the late election, and that the 

Democratic governor and the Tilden electors were truly el cted. lApplause on the floor and in the galleries.] I UJak.e-this declaration now unde r the most solemn sense of public duty and 

from an irresistible feeling of obligation to the people of my State, who have a. right. to expect that, however partisan their Representative may be in his political f,lith, h e should at least on questions of public fact be an honest man. But, 

sir, I would not be understood in making this declaration as laying claim to any unu ·ual amount of honesty or conscience, but I only assert mY knowledge of 

the facts. · I love the principles of the Republican party, and for their sake have been 

singed by the fires of martyrdom,andi believe in the ultimate triumph of its re- generating mission, but I cannot return to my State an<! look my constituency 

in the face if, standing upon this floor and in the presence of the Am.erican peo- ple, anxious and entitled to know the whole truth concerning this dangerous 

Presidential i sue, I should shrink from the responsibility of doing justice to my State, and d e fending her honest political victory against the willful perversion 

of a bold, dishonest, and unscrupulous State canvassing board. [Applause.] 

Should my Democratic colleague in this House introduce a resolution here 

decla ring that the St. John's River had its rise in the southern portion of our State , flowed northward for hundreds of miles and emptied its waters into the 

Atlantic Ocean, I would be compelled to support the affirmation of the resolution for the rea on that I would know the Statement to be. true, being person- ally acquainted with the geography ofLhat country. Therefore for like reason am I compelled to give nssent to any declarationswhichhave been ormaybemade upon this floor tha t the Tilden electors were truly elected in Florida, and that 

only by "ways that are dark," and tricks that in this case have not proved to be va in, were these electors, a nd a majority of the people of the United States, 

defrauded out of their fair and Ia \vful victory. But facts plainly expressed carry with them their own just weight, while jug glery performed with a numbet· of 

facts only increases the tusk of explanation, without changing their character or relative weight. 

Then, after enumerating the frauds that oceuned in the election, he 

says further: 

B y this just and lawful proceed ing the vote in the State would have stood 70!) 

majority inJ:wor of the Tilden electors. Viewed in any manner, whether in 

the light of law or fact, we can not escape the truth that the Democratic party reaU v elected their Presidential electors in the State of Florida. Thi!! is no long-er any question of doubt a mong the people in our State, who hold our re- publican supreme court in high esteem for learning and integrity, and whose 

deci ion they accept with confidence and a cquiescence, although contrary to the hopes anti interests of the Republican party in our State. 

The Democratic govet"hor-elect, lHr. Drew, was peacefully inaugurated at Talla hassee on the !!d day of J :muary lust,-and I thank God and the good people of our State that Florida. does not present the alarming specta~le of two rival governments upon her soil, both claiming to represent the sovereign will 

of the people. 

HOUSL BILL REI<'ERRED. 

The hill (H. R. 11087) to establish a circuit and district court at 

Johnson City, Tenn., wa.<> read twice by its title and referred to the 

Committee on the Judiciary. 

MESSAGE FRO::.II THE HOUSE. 

A. message from the House of Representatives, by 1\Ir. CL..4..RK, its 

C'lerk, returned to the S-enate, in compliance with its request, the following bills: • 

A. bill (S. 3086) granting a pension to Victor, Gertrude, Mn.rgaret, 

aml Helen, minor children of Lieut. George R. McGuire; and 

A bill (S. 3087) ~anting a pension to lfary A. Pfeiffer. 

The message also announced that the Honse had passed the following bills; in which it requested the concurrence of the Senate: 

A bill (H. R. 1873) to limit the jurisilictio~ of the district and circuit court~ of the United States; and 

A bill (H. R. 7933) providing for the exchange of worn, defaced, 

clipped, punched, or otherwise mutilated silver coins of the United 

States, of smaller denomination than one dollar, for new or unworn subsidiary. silver coin at designated places and nnder certain circumstances. 

CHINESE lliMIGRATIO:s-. 

1\Ir. STEW ART. I ask unanimous consent that the regular order 

be laid aside temporarily that the Senate may proceed to the consideration of the Chinese restriction bill. 

The PRESIDENT pro tempore. The Senate as in Committee of the 

Whole resumes the consideration of the unfinished business, being the 

bill (S. 12) to provide for the formation and admission into the Union 

of the State of Washington, and for other purposes, which the Senator 

from Nevada. asks may be inform..'llly laid aside for the purpose of en- abling him to move the consideration of the Chinese restriction bill. Is 

there objection? · The Chair hears none. The Senate, as in Committee of tqe Whole, resumed the considemtioi1 of bill H. R. 11336, a supplement to an act entitled ".An act to 

execute certain treaty stipulations relating to Chinese," approved the 

6th day of 1\Iay, 1882. . 

The PRESIDENT pro tempo1·e. If there be no amendment to the 

bill as in Committee of the Whole, it will be-reported to the Senate. 

The bill wasniported to the Senate without amendment and ordered 

to a third reading, and was read the third time. 

The PRESIDENT pro te-mpore. Having been read threo times, shall 

the bill pass? 

1\fr. VEST. I ask for the yeas nnd nays on the passage of the bill. 

The PRESIDENT pro tempore. Upon this question the Senator from 

Missouri asks that the yeas and nays may be entered on the Journal. 

The yeas and nays were ordered. 

Mr. GEORGE. 1\fr. President, I desire to snbmit some more obser- vations upon the bill before it is voted. upon. I :find myself, however, 

this morning not physically qualified to do that, and I ask that the 

vote on the bill may be postponed until to-morrow morning, when I 

shall endeavor--

Mr. TELLER. Ob, no. 

Mr. STEWART. No, no. 1\Ir: GEORGE. I make that request. If it is not granted I shn.ll 

go on in the best way I can, though I do not feel as if I could do justice either to myself or to the subject. I have a headache and a sore 

throat. 

The PRESIDENT pro tempore. The Senator from Mississippi asks 

unanimous consent that the voto upon the passage of the bill be postponed until to-morrow. 

Mr. STEW ART. I object. 

The PRESIDENT p1·o tempm·e. The Senator from Nevada objects. 

1\Ir. GEORGE. Very well; that is all right. , 1\fr. 1\fcPHERSON. Are we to understand that objection is made, 

and that the bill can not go over until to-morrow morning at the request 

of the Senator from l\Iississi ppi? 

The PRESIDENT pro ·{empore. The Chair submitted the request to 

the Senate, and the Senator trom Nevada objected. 

M.r. McPHERSON. I wish to say that this is the first trme in the 

history of the Senate within my recollection when a Senator preferred a request in such a manner as bas been done by the Senator from Mississippi, stating that he was ill and unable to proceed, and yet would 

like to be beard, that be was denied the privilege of having a sufficient 

amount of time to enable him to properly present to the Senate his views 

upon a question. 

Here is a bill which has not received consideration in either House 

of Congress by a committee. No committee of either House has con- sidered the bill at alL It has been before the Senate, I think, for two 

days, and we are pressing it to a vote in this kind of a way, notwithstanding there is a treaty pending with the Chinese Government, and so far as the Senate knows the Chinese Government have not rejected 

the treaty. 

It is now proposed to abrogate the treaty while it is before the Chinese Government for consideration, upon a bill which has never been 

before a committee of either House of Congress, which has only been 

before the Senate and under dis.cussion for two days, and there is so much haste seemingly needed about it that the Senator from 111ississippi, although ill, is compelled to speak upon the question to-day. 

Mr .. STEW ART. I understand that the Senator from Mississippi is 

for the bil1, ancl as to any remarks he wants to make on the Chinese 

question there is no limitation on him; he can just as well make them on any other bill or on any other measure. He can bring the question 

up and make his speech at any time; it will not cut him off. If he were opposed to the bill and wanted to assign reasons why it should 

not pass, I would not make the objection. · :Mr. BUTLER. May I ask the Senator from Nevada, why this great 

haste? 

1\fr. GEORGE. I would be glad to have the opportunity--

1.\fr. BUTLER. I.do not want to interrupt the Senator f1·om 1\Iississippi; but I wish merely to inquire of the Senator from Ne-vada, why 

this great haste? 

1\ir. GEORGE. .A.ll1ight. 

I. 
8296 CONGR.ESSIONAL RECORD- SENATE. 8EPTE1\ffiER 5, 

Mr. BUTLER. I was simply going to inquire of the Senator from the consideration of this matter until to-morrow. It seems to be the 

Nevada why the usual courtesy of the Senate should be violated in this wish of the Senate that I should proceed, and I will do so in the best 

particular instance and this bill should be railroaded through the Sen- '!ay I can and to the extent that I may be able to pursue the discusate. I should be very glad if the Senator would gi>e some reason for it. s1ou. 

When I left the Senate Chamber on Monday the Senator bad up for con- · :Mr. GEORGE. Mr. President. in the outset I believe I shall allude 

sideration the bill for the admission of Washington Territory, and he to a declara~ion ffi:ade by ~be Senatcr from Colorado [Mr. '.r.n:LLER], inmade a very earnest appeal to me to help him in its passage. When I tended to discred1tanythrng that I or any other Senator up n this side 

came back I found that the Chinese ·bill bad come in and that be had of the Chamberwhocomesfrom tbeSontll may say because we ha\e been 

abandoned his pet scheme for the admission of ·washington Territory slaveholders. That objection to our participation in the discu · iou of 

anti tl~at this bill must be railroaded through the Senate. questions before this body has been m:1.de on several oc:!a.Sions, as if we 

I shoulu b.e \ery glad, I say, if some explanation could be given why who are here as American citizens and American Senators, representwhat I understand to be the usual courtesy of the Senate should be i~g with equa~ rights equal and sovereign States of the Union, a re en- -violated, and this bill hurried through in this form. titled to less liberty of thought and less liberty of speech than is ac1\fr. STEWART. I am the last man to violate the courtesy of the corded to other Senators en this floor. 

Senate, but several Senators who take an interest in the 'Vashington I was a slaveholder. I was a slaveholder in a very small way, howTerritory bill, among them the Senator from Indiana [Mr. VooRHEES], ever. I was a slaveholder by inheritance. My 1ather before me was 

went away this afternoon supposing that the time to-day would be oc- a slaveholder. It was not understood in the section from which I 

copied by the Chinese restriction bill. They desire very much to be came at that time that the holding of slaves was immoral or sinful. 

present when the Washington Territory bill is under consideration, and The Senator from Colorado yesterday twitted me with the banter t.hat 

I told them that undoubtedly the restriction bill would be taken up I Y~'ould not get up now and say that I thought that slaveholding was 

to-day. a sm. 

As I said before, the Senator from Mississippi is in favor of the bill, 1\ir. President, whatever may be my \iews upon the sinfulness or 

anu if be wants to make a speech on the Chinese question be can do righteousness of slavebolding is a. matter that I suppose no mortal man 

that. at any time. Of course if be were opposed to the bill it would be no human creature within the broad limits of the country has the sliab~ against the courtesy of the body to refuse to grant his request, but he est interest in; and certainly I have thought-anti that is the main idea 

is in favor of the bill. tb~t _I desire to present in xeference to that-that whatever may be my 

Mr. BUTLEH. That is not the question at all. The Senator from opm10ns now or whatever may have been my opinions heretofore upon 

Mississippi has announced that be is sick and can not proceed without the question of the sinfulness or the contrary of slavery, was not a disgreat personal and physical inconvenience. That is the point I make, qualification to the proper performance of my duties as a Senator. In 

and the Senator from Nevada insists that the Senator from Mississippi the one hundred years of our nation2l life, including that dark, that 

shhll go on and deliver his speech when he is sick. perilous period of seven years in which we were contesting for the privMr. STEW .ART. I do not insist upon his going on with his speech. ilege of having a national life, it bad not been r egarded · by the great 

He can make his speech to-morrow morning. body of the American people, or, so far as I know, by any considerable 

Mr. BUTLER. That is not the point. The Renator from Mississippi portion of them, that being a slaveholder in the present, much less 

wishes to speak to this bill. b:1ving been a slaveholder a quarter of n. century before, was any imMr. SPOONER. I hope the Senator from Mississippi will not go on peacbment of the patriotism of the person thus situated or was any disat this time if, as he states, and as I have no doubt is the fact, he is ill qualification for the performance of the highest and most important 

and can not proceed without great discomfort and pain to himself. I duties which a citizen of the United States can owe to his country. 

understand him simply to ask that the bill be postponed until to-morrow When George Washington was called to take command of the Conin order that be might then without pain and suffering make some re- tinental Army and proceeded to Boston, then bele.:'tgured by the Britmarks upon it. ish forces; when from n.ll the great men who adorned our history at 

:Mr. GEORGE. I am very much obliged to the Senator from Wi3- that time the Continental Congress selected him as the hope and the 

cousin, but- foundation for any success we might have in our contest with the Brit-

~fr. STEW .ART. Under the circumstances I shall not press my ob- ish Empire, it was not considered a disqualification to him that he 

jection. owned slaves; it was no impeachment of his ability, of his patriotism, 

Mr. GEORGE. I shall not press the request any further. of his fidelity to the cause of the United States. So after relying on 

Mr. ST'EW ART. I withdraw my objection. him during the seven dark years in which the weak and feeble colonies, 

Mr. CULLOM. The objection is withdrawn. in every one of which I believe at that time slavery was lawful-! say 

Mr. STEW .ART. I withdraw my objection if that is the view Sen- under him, a slaveholder, leading the weak and feeble, comparatively 

a tors take of it. so, armies of these colonies against the strongest power on earth, the 

Irlr. TELLER. Then let us ·have nn agreement to take up the bill country reached freedom and independence. And during that whole 

to-morrow morning. time there was not one man in all this broad land who doubted that 

Mr. STEW .ART. I ask unanimous consent that the bill be taken . be would perform his duty as ably, as faithfully, as if he were a nonup to-morrow aft-er the formal morning business, n.nd that it be con- slaveholder. tin ned until it is disposed of without any intervening busine....c:s. And so, sir, after our struggles, through the Confederation, when it 

Mr. GEORGE. I understand, then, that the request which I made became obvious to the thinking ~en of this country that there must 

has been acceded to by unanimous consent. Is that true.? be a closer and n. better union between the States than existed under 

The PRESIDENT pro tempore. It was not acceded to. the Articles of Confederation; when the great spirits, the great minds 

Mr. GEORGE. Then am I to proceed now? of this country were called in consultation to form a new bond of union, 

The PRESIDENT pro tempore. The Senator from Nevada withdraws to form that Constitution under which we now li ve-aud which, allow 

b.iE objection, and asks that the consideration of the bill be resumed to- me to say parenthetically, if we observe it and obey it with fidelity to morrow morning at the close of the formal routine business, to be pro- its provisions will continue for many ages to come, as it has in the 

ceeded with thence until concluded. past, to make us a great and prosperous people-when the great and 

Mr. GEORGE. That would incidentally grant my request? the patriotic spirits of this land were called together to form this Union, 

:Mr. SPOONER. Certainly. and form the Constitution under which we live, that s:1me man who, 

The PRESIDENT p1·o tempo1·e. The Senator from l\fississipni would as a slaveholder, bad led our armies through the Revolution was called 

be entitled to the floor, if be takes it now for that purpose, when the to preside over the deliberations of the convention. It;~ that same body 

consideration of the bill should be resumed to-morrow morning. the men who most gave shape and form to that grand ll1stnliDent, that 

Mr. BROWN. Let it go over. palladium of our liberties, were slaveholders representing slaveboldThe PRESIDENT pro tempore. Is there objection to the request of ing constituencies. 

the Senator from Nevada? 'Vhen the new Government had been formed, when in '1\ea.kncss wo 

Mr. HOAR. Is .there not something set down, by unanimous con- were inaugurating the exper~ment of. free institutions in this co~utry, 

sent, for immediately after the routine business to-morrow morning? su rro~mded by powe:ful natiOns lo?km~ on u~ and on ~he ex1~e1'1ment 

The PRESIDENT pro tempore. The Senator from Illinois [Mr. F .A.R- w:th Jealou~y and With ~ope that 1~ ~.t;~Jght fail; when It r~rpurcd the 

WELL] obtained unanimous consent that tbl:l question concerning the l:Ig_hest gemus and the h1gl~es~ patriotism to ~nard ~nu glllde the d~.­

electric-motor street railway in this city should be considered at the t1mes of the young Republic through the penis which surrounded It: 

close of the morning business to-m01-row. that. same man was called to the. be~m. H~ was a slave-holder still, 

Mr. STEW ART. Then I will put the hour at 1 o'clock to-morrow. and It was not regarded as an obJect1on to him that h~ was lmo'm to 

.Mr. GEORGE. I will tell you what I will do. I shall go on the be such. Slave-holders were in his Cabinet, and from that time nutil 

best way I can no}V. our unhappy civil war most of the great men-many were not in tb.t 

Mr. FARWELL. Mr. President- - position......:. but most of the great men who guided the destinies of i!1i~ 

The PRESIDENT pro tempore. The Senator from Mississippi _has country, who made it honored at home and respected abro:td by their 

the floor. patriotism aJ?-d their genius, were slave-holders. Jefferson w:-ts a sbvcll1r. GEORGE. I shall have to apologize to the Senate for the very holder, J\Iad1son and Monroe were slav.e-bolders; Henry Clay ~ncl Andesultory and disjointed way in which I shall discuss the question to- drew Jac~son were slave-holders. I will not go throu~b the_ h ~; you 

day for the reasons which I stated when I asked for a postponement of, all know It. They were allowed free speech and free dlSCL1...C:St0n m the 
1888.· ·coNGRESSIONAL RECORD-SENATE. 8297 

councils of the nation, and it was not objected to them that their councils and their voices were not to be heard because they were slaveholders. 

So I do not think that having been a slave-holder by inheritance, having twenty-five years ago lost my slaves, having, as I believe and as I 

aver, discharged all the duties of the relation of master to slave with 

humanity and with due respect to the unfortunate beings under my 

control, having acquiesced fully, freely, without merital reservation or 

evasion, in the destruction of that institution, having avowed my sincere conviction that I had no regrets for the destruction of the institution, that I would not under any circumstances for one moment l1arbor 

·the thought or suspicion of its restoration, and that I am glad it has departed forever; having pledged my faith by a solemn oath to support 

the Constitution of my count.ry, in which is embedded an article which 

declares that slavery is forever prohibited; having in no act of my public 

life and in no act of my private life violated or sought to violate that 

provision of the Constitution, and having since my service in this Chamber, as every member on eithE?r side of it can testify who has observed 

me, given expression to no sentiment and cast no vote which looked in a direction contrary to the article or provision in the Constitution to 

wllich I have alluded, I claim as an American Senator, acting under 

my oath to discharge my duty here faithfully to the people of this 

whole country, an oath which I int.eud to redeem in its letter and in 

itsspiritupon everyquestion on which I maybe called to act-I claim 

after all this free speech as an American Senator; I claim the right of 

free discussion as an American Senator, and I claim that no impeachment either of the authority or weight of anything that I may say can 

be laid upon the fact that I was once a slave-holder. . 

Upon these sectional 'questions, and upon all questions on which I 

have been called to act as an American Senator, .r have endeavored to 

act, and I believe I have acted precisely as I would have acted if I had 

worn the Union uniform during the war. The war is over. It was a sad calamity to me and mine. If I have 

had one wish above all other aspirations since the unfortunate conflict 

ended it is that American politics and American statesmanship sh.oulcl 

be so conducted that the wounds on eith(>r side made by that fratricidal conflict might be healed; that there should be, as our fathers intended there should be, no division, no heart-burnings, no sectional 

lines in the United States. I have stTiven-and if I have failed in that 

it is because I was unable and too weak in the bead to carry out-the 

dictates of the heart-! have striven since the cause of the great quarrel which once divided us bas been removed, that there should be no 

North, no South, no East, no West in politics, but that there should 

be such communion, such consultation and agreement by Senators and 

Representatives from all parts of tlfis country as would seek no other 

end, no other purpose than to make all this country everywhere great, 

prosperous, and happy. 

So, sir, I say it can not be fairly used as an impeachment of any argument I may make here that I once believed in slavery. Did you 

wage the war-speaking now to my Northern friends-did you wage 

the war fox a real Union, or did you wage it for the purpose of subjugating a portion of the American people? \Vas all that bloodshed, 

was all that destruction and devastation which followed in the track 

of either army, only to make good that the Southern man, the Southern white man, should be the subject and the inferior of the Northern 

white man? If such was your purpose I did not so underst:md it. If 

such be your purpose now, commence yom· war again; for as long as I 

live as an American citizen, as long as any decent white man in the 

South shall live as an American citizen, I will and he will claim and 

will have for our l1eritage equality with all the other people of this 

country. 

In the beginning, when your fathers and our fathers-no, I will not 

use that expression-when our fathers, meaning all, North and South, 

put their fortunes and the fortunes of the thirteen colonies to the 

perils and hazards of war, when they came after the war was over to 

erect on this continent the free institutions under which we live, it. was 

· understood that all were equaL The Union could not have been formed 

without such a sentiment; the Union can not be preserved without 

such a sentiment. It is not a preservation of the Union for one part of 

the country to hold in subjugation another part. That of itself is the 

destruction of any real union. 

So, Mr. President, when I took my seat here, now about eight years 

ago, I entered into all the questions which concerned the American 

people and any part of the American people with the same determination to do what my heart and my head told me was right with 

reference to them, whether the particular section from which I come 

had an interest in that particular question or not. The very first 

speech I ever delivered in this Chamber (except one of personal defense into which I was precipitated very soon after I took my seat 

here) was to ad vocate a bill then pending before the American Senate to exclude the Chinese from this country. I did not vote for tbat 

bill, I did not speak for that bill, because the presence of Chinese jn 

this country was -a special injury to the State in which !live or an injury to the section from which I come. No Chinese were there, but 

feeling deeply from sad experience the dan!J:ers of a commingling upon 

the same soil of diverse races, and believing as I did then and as I do 

now, as expressed by a distinguished and great Senator on this floor. the 

Senator from Vermont [ Ir. EDMUNDS], that the history of the world 

had shown from Aristotie to Webster, two thousand years, that homogeneity in races was a necessary condition of government, I voted 

as I did. · 

My own land was cursed with the want of that homogeneity, and 

feeling this deeply, when my brothers of the Pacific coast carne here 

complaining that they were being ruined by the presence of the Chinese 

I went with alacrity to their help. In surveying the field I thought 

that whether African citizenship should prove a success or not-and 

about that I say nothing-at least it was snch a perilous experiment 

that I would not inflict a similar trial upon any other portion of the -

American people. It was said-and I felt it-that these barbarians, unused to the comforts, unsupplied even in their own country with the necessa.riesoflife, frugal, thrifty, capable of great endurance, came here and 

competed with the American laborer; I felt that their presence here 

was a hardship and an injustice to the men and women who by their 

labor create all oux wealth and receive for their share so little of it. 

I never believed in that sentimental doctl'ine which dedicated the 

American continent to the people of all parts of this world without 

reference to their fitness to be our politica.l associates. I never believed 

in the inherent and inalienable right of any foreigner to come to America and become a part of our body-politic. I believed that this grand 

continent, won first by the heroism of the fathers of 1776, added to 

afterwards by the genius of Jefferson in the treaty under which he 

purchased Louisiana, and then enlarged by the genius of Winfield 

Scott and Zachary Taylor :md their brave comrades to its present 

boundaries, was American ground. I believed it belonged to Americans and for such partners only from other countries as they might see 

proper to admit, and I did not believe that to that partnership-speaking now of foreigners, not the native-born-should be admitted any 

hut those of the Caucasian race. If that be treason, then I am guilty. 

So from the very moment this Chinese question arose in the American councils for legislative action the impulses of roy heart and my 

head have been to carry out that idea and to keep this grand country 

of ours.for ourselves and for our posterity and for foreigners only of 

the white race. 

Mr. President, there are some observations that. I cleshe now to 

make in answer to the speech made by the Senator from Colorado. 

I charge, and will make that charge good, that the lawful introduction 

of the Chinese into this country was the result of the action of the Republican party. I pointed to the treaty of 1868 as opening the door, 

which Republican Senators have said they were so anxious to shut, by 

which Chinese immigration should come. In that I was, sir, mistaken. 

It was the first time the door was opened when we contractell that 

we would not shut it, pledged our national faith and honor that we 

would not shut it., but it had been opened before, not, as the Senator 

from Colorado says, by the treaty of 1844 and the treaty of 1858. In 

those treaties, which I have before me-I will not read them, but I have 

re.ad them under the necessities of this debate, and I make this statement, that neither in the treaty of 1844 nor in the treaty of 1858 is 

there a single provision which gives a right to China or to Chinamen. 

Both were unilateral treaties, both contained stipulations only in favor 

ot Americans, not one in favor of Chinese. They were commercial 

treaties. The treaty of 1844 broke down the Chinese wall which excluded us from trade with China. Under that treaty we went to 

China, with what rights? They were commercial rights in five ports, 

and five ports only. In getting these rights for our merchants, for our 

vessels, ior our traders, we did not concede to China or to any Chinaman one single right of any character whatever. If I am mistaken in 

that, I ask the Senators who see my mistake to point it out. I chalJenge a contravention and dispute of that proposition. There is not 

a single stipulation in either treaty except to give to Americans rights in 

Cbin~; nota single provision to give Chinamen rights in America. And 

so when the Senator from Colorado said that there was but little difference bet ween the two except in the provision in the fifth article of the 

treaty of 1868, he seriously erred. 

w·hen was the first door opened? Before I go to that, I suppose that 

I ought to say something about what we all recognize to be correct constitutional law upon that subject. It has been pointed out by the Senator from Oregon and repeated by the Senator from Colorado that Chi- nese came here in large numbers before the treaty of 1868. I confess I 

did not know as much about that as I do now since I have heard those 

Se11ators. I bad heard no complaint of Chinamen being here before 

that time. I had seen no Chinamen here, and I had supposed that i! 

there were any in this country prior to that time they were fewindeed. 

But it seems there were a gre..1.t many. They came here, as I understand, under the invitation of California; and it is good constitutional 

law that as to who shall come within the borders of a ~tate, until the 

treaty-making power or law· making power of the United States is put 

in force, or until as a commercia,! regulation the United States shall act, 

each State acts for itself. 

I am not prepared nor if I were would I go into a discussion of the 

question whether the people of California or the people of Colorado 

acted wisely in admitting the Chinese. That is for them to qecide; it 

is a question for them to act upon. I have nothing to do with any-

' 
8298 CONGRESSIONAL RECORD-SENATE. SEPTEJ\IBER 5' 

thing except with national questions and with the action of the Government of the United States upon that subject. 

When was the national door first opened to the admission of the 

Chinese, and who did it? It was done in 1862 by a statute: The Senator from Colorado read one section of that statute, and found it convenient to omit the reading of another important section of it. The 

Senator read section 2158, being a section of the act pa,ssed in 1862, and 

he relied upon that to show that the Republican party had been against 

Chinese immigration very early. If he had read another part of that 

same statute be would have found that there was an express provision 

for the entrance of the Chinese here. 

In the first place, the Senator entirely misconceives the legal effect 

and meaning of section 2158. He claims that that was a provision to 

prevent coolie immigration into the United States, when it has no such 

effect. I will read it, and I call the careful attention of the Sena.tor to 

the reading of it: 

_ No citizen of the United Stdcs, o1· foreigner coming into or residing within the same, shall, for himself or for any othe.J; pel'son, either as master, factor, owne r, or otherwi<>e, build, equip, load, or otherwise prepare any vessel, reg- istered, enrolled, or licen ed in the United States, for the purpose of procuring from any port or place the subjects of China., Japan, or of any other orienta l country, known as" coolies," to be transportedWhere? To the United State-s? No, sirto be transported to any foreign port or place, to be disposed of, or sold, or trans- ferred, for any time, as sen-ants or apprentices, or to be held to service or labor. 

It was simply a statute to prohibit our seamen from engaging in what 

is called the slave-trade with coolies. It had no reference to the importation of Chinese or Japanese into this country, and that is proved 

by another section of the statute, which I will read, and which the 

Senator from Colorado did not read, a section of the same statute, paEsed 

in 1 62: 

SEc. 2162. Nothing herein contained shall be deemed to apply to any volun- tary emigration of the subjects specified in section 2158, or to any vessel carry- ing such person as passenger on board the same. . 

So in the very statute to which the Senator alluded as prohibitiug 

the importation of Chinese into this eountry there is an express provisic.n for their coming into this country. I was a little mistaken in my 

speech a few days ago in supposing and stating thafthe treaty of 1868 

opened the door: It had been opened six years before that time by 

the act to which I have called attention. That act was in force and 

under it Chinese immigration was taking place year by year when the 

United States came to make the treaty of 1868,-which was the cause 

of all our sorrows. If the matter had stood upon the sh>tute it would 

have been in our power to repeal it at any time without any impeachment of our honor, without any charge that we had broken faith with 

another treaty-making power. It would have been then not only in 

our competency to have repealed the law but to have enacted one 

wholly prohibiting the Chinese from coming here. 

Bnt 1868 seems to have been a year of fruitful error in reference to 

these matters. We had the treaty, to which I desire to call the attention of the Senate again, because on that the Senator from Colorado 

and myself differ very much. The Senator said that Article V was 

nothing more than an abstract declaration of a doctrine which is called 

the American doctrine, but he was mistaken about that as he was about 

other matters. 

I read from that article of the treaty of 1868: 

ARTICLE V. 

The United States of America and the Emperor of China cordiaily recognize the inherent and inalienable right of man to change his home and allegianceIf it had stopped there the Senator woulcl have been right, but it 

did not stop thereand alsoThey cordi.'l.lly recognizethe mutual advantage of the free migration and emigration of their citizens and subjects respectively from the one conn try to the other for the purposes of curi- o sity, of trade, or as permanent residents. · 

It ceased to ~e abstract when this doctrine was expreqgly applied by 

the treaty to the coming of Chinese here and to the going of Americans 

to China. Butthatis not allot the treaty, :M:r. President. Youmight 

say thatwas an ingenious argument. An ingenious man might getup 

a.JH tle argument to show that that did not mean anything. But if you 

will go to Article VI you will see something even more significant. 

Here was the st..'ttute of 1862 in force, and here is Article VI. After 

providing for the citizens of the United States visiting and residing in 

China, which was in the other treaties, they came on and for the first 

time said in this treaty: 

And, reciprocally, Chinese subjects visiting or residing in the United States shall enioy the same privileges, immunities, and exemptions jn respect to travel or residence as may there be enjoyed by the citizens or subjects of the most favo red nation. 

Ecre. is an express contract by which the Chinese are to have the same privileges of visiting this country, of doing business in this coun- try, and of residing in this country as an Englisl:pnan, or an Irishman, or a Frenchman, or any other foreigner. That makes it a little more than the mere abstract enunciation, as the Senator said in substance, 

of an American doctrine. It applied that doctrine by making it a treaty right. that every Chinaman should eome here, and reside here, 

and do business here upon the same terms and with tne same pnvileges as the citizens of the most fa:vored nation. 

That is not all that happened in 1868 and along there. These are not accidental provisions. There had been a hallucination, there was 

then a hallucination in the public mind on these que tions which 

showed themselves in statutes, and I shall read one of them. In the 

same year there wa.s another statute passed. In the same month and 

within three da.ys of this treaty there was this kind of a ~tatuto passed 

by the Congress of the United States: 

'Vhereas, the right of expatriation is a natural and inherent 1·ight of all people 

indispensable to the enjoyment of the rights of life, liberty, and the pm-suit of happiness, etc. . 

The right of expatriation seemed to have been a favorite idea just at 

that time, and yet the Senator says all that means only this, that the 

right of expatriation is to be exercised with the consent of somebody 

else. Is not that a very remarkable inherent and inalienable right 

which a man can not exercise without the consent of somebody else, 

for iust as soon as the consent is refused then the right instead of being 

inherent is lost, and instead of being inalienable it is taken away? 

Now, let us stop a minute and think about this grand declaration 

here as to inherent and inalienable rights which can only be exercised 

by the consent of the country to which the man comes. ·Suppose the 

country does not agree to his eoming, then what becomes of your inherent and inalienable right? Yet that seems to have been a hallucination which was •ery common in 1868. It becomes a mere inherent 

and inalienable right to leave one's own eountrv-to throw off his 

native allegiance-leaving the party thus acting~ without a country 

until some other country shall see proper to receive him. 

I wish to call attention to another act to show how the Government 

was bent at that til)le on Chinese immigration. On the 31st day of 

May, 1870, I find that the following provision was enacted by Congress, 

and it is incorporated in the Revised Statutes as section 2164: 

SEc. 2164. No tax or charge sb:J.ll be imposed or enforced by any State upon any person immjgrating thereto from a foreign country which is not equally imvosed and enforced upon every person immigrating to such State from any other foreign country. · 

That is a section taken from the civil rights act of 1870, a sta.tute 

which everybody will recognize was passed to prevent any discrimination between citizens here on account of race or color, and whilst the 

Republican party were doing that in order to put the white man and 

the negro in the same bed and at the same table in social life in the 

South, and which the Supreme Court decided t:> be unconstitutional, 

they were so fnll of the ide:l. of Chinese immigration and Japanese immigration and alrthat sort of thing that theyincorporatedin that very 

statute the provision which I have ju~t read, so that no matter how 

objectionable Chinese immigration might be and however desirable 

Irish immigration and English immigration and German immigration 

and Scandinavian immigration might be, they just said to the States, 

''Yon sh:l.ll not tax the Chinese any more than you tax the others.'' 

As I understood the Senator from Colorado, the burden of his speech 

was to show that the Republican party bad been all along fighting, 

striving to keep the Chinese out of this 1eonntry. Yet here there were 

acts by which you not only invited them here in 1862, but you contracted in 1868 that they should come. And what was do~e two years 

afterwards? Californi~ possibly (I do not know about that, it may be 

the Senator from Oregon or the Senator from Nevada or some of them 

can tell me) had commenced discriminating against and taxing the 

Chinese, or they were talking about doing it; and right then the Republican Congress said, ''You shall not do that; you shall not tax a Chinaman any more than you shall tax an Irishman.'' That brings us down to 1870. How did we stand then? 

M:r. MITCHELL. · Towhatsectionofthe Revised Statutes does the 

Senator refer? 

:M:r. GEORGE. About th~ tax? 

Mr. MITCHELL. Yes, sir. 

Mr. GEORG E. I refer to section 2164 of the Revised Statutes, which 

is a section of the civil-rights act of 1870, and! have read that this morn- ing. It is a section of the act by which it was intended to make white 

men and colored men just the same, as if they were all the same color, 

only a little more so. In the civil-rights act you undertook to make 

the Southern white man and the Southern white woman the as ociate 

and companion of the eolored man and the colored woman. Havin!! 

got your hand in at that, you concluded you would make the Irishman 

and the Chinaman and the Chinese woman equals in all respects whatever. And yet you pretend that you love the Irish and to welcome 

th~m to our shoret:, and at the s~me time you would exclude the 

Chinese. 

Those were your grand efforts~ as detailed by the Senator from Colorado, to keep the Chinamen out of this country. First was your act _ 

of 1862, in which you prohibited the cooly trade between China and 

England and China and Brazil and forgot to prohibit it between China 

and the United States; and then, in another section, so anxious were you for the Chinamen to come, you put in·a little provision that nothing said there should be construed irtto interfering w'ith any Chinaman or Japanese eoming into this country. 

That did very well for one statute, 1\Ir. President. Just for one stroke 

of the pen it did pretty well. But I suppose they were afraid tbnt; 
1888. CONGRESSIONAL RECORD-SENATE. 8299 

may be that the Democrats would get into power some time, though it 

did not look very much like it then; and in six years they concluded 

they would make a bargain with China; that they would make a trade; 

that they would pledge the national faith, the national honor, that for 

all time to come this natural and inalienable right of a Chinaman and 

of all mankind should be exercised by the Chinaman in coming to the 

United States and residing here permanently., 

You were not satisfied with getting the Chinaman here by contract, 

but you contracted how he should be treated after be got here, and how 

was it? .Just as good as an Irishman or an Englishman or a Frenchman or a German or anybody else, and for fear he would not be given 

the very best thing there was in the bouse, you did not specify these 

men, because somebody might be left out who was in a better fix, and 

so you contracted that they should be given the same righte~ privileges, 

and benefits as the citizens of the most favored nation, so that there 

should not be anybody in all the broad -world who could stand better 

or higher than the Chinaman. 

Yet my distinguished friend from Colorado t::~.lked about my effrontery, I believe, in one part of his speech. I will not speak of his effontery. I will not say that. I am unequal to the occasion; I do not 

know what word to use. If I were to say "audacity" that would be· 

about as me::~.n as "effrontery." and I do not want to be as bad as the 

Senator from Colorado; but I will leave it out as being an occasion 

above my power to use the proper language, and I will just say this, 

that the Senator from Colorado says the Republican party were all the 

timd trying to keep these Chinese fellows out. That is the way they 

keptthemout! 

\Ve will go on a little further. My distinguished friend seems to 

have got this matter all wrong. I got a part of it wrong as to the time 

the door was opened and the number of Chinese who came here before 

1868. I did not know anything about the statute of 1862. Uy attention had never been called to that matter. The Senator from Oregon 

[Mr. l'lfiTCJIELL J very kindly put me in possession of a lot of information that I did not have hefore, for which I am very much obliged. I 

am very much obliged to ·the Senator from Oregon for that informatioc. 

Mr. MITCHELL. I am always glad to be able to enlighten the 

Sen:ttor. 

l'!Ir. GEORGE. These Chinese have come over here since away back 

about 1851 or 1852, as I learned from the Senator. They had been 

coming here in droves since 1850, and then they were invited by the 

act of 1862 to come in more, and now all these fellows are here, I suppose perhaps about two hundred thousand of them, everybody knowing what kind of a set of fellows they were. They found that out, because the Senator from Colorado, in order to prove up his Republican 

side, read a message or an inaugural address from Governor Stanford 

in 1862, which was "i.x years before the treaty of 1868, in which Governor Stanford said it will not do at all to allow the Chinese to come, 

and he asked the State of California to take some measures to keep them 

out. They had been there; theywere nuisances there; they were so 

bad that Governor Stanford bad to call the attention of the Legislature to them in his inaugural address; and yet in the very same year 

that Governor Stanford was making that inaugural address to the Legislature of California here was the Republican party in the Congress of 

the United States passing an act that they should come in. Worse than 

that, Mr. President, six years after that time, when according to the 

Senator from Oregon they were coming in in shoals all the time, our 

Republican friends were so much in love with the idea that all men, 

whether they were black, yellow, or white, were the same thing exactly, and that a Chinaman was as good as an Irishman, wit~ all these 

evils depicted to them, with Governor Stanford standing on the shores 

of the Pacific coast, in a State which had to bear the brunt of this immigration, warning them, in the language quoted by the Senator from 

Co1orado, that these fellows would not do, warning them that they 

were destructive to our civilization, and all that sort of thing, they 

made the treaty. They did not do that ignorantly. They did it with 

their eyes wide open. So six years after all that they came and made 

the treaty of 1868 in which they bound us hand and foot so that we 

could not do anything. That is the way my friend from Colorado says 

the Republicans have shown their great anxiety to keep the Chinese 

out of this country. 

I must hasten on, 1\Ir. President. I am dwelling longer on this point 

probably than I ought. 

Mr. MITCHELL. May I ask the Senator just one question? I do 

not want to detain him. 

Mr. GEORGE. Yes, sir; if I know it, I will answer it. 

Mr. MITCHELL. Is it not a fact that the act of 1862, to which the 

Senator has referred, is a restrictive act, a prohibition to a great extent, 

and the first restriction on the right of Chinese to come to this country 

that was ever passed by the American Congress? 

Ur. GEORGE. Will the Senator point out the restriction in it? 

Look at the supposed restriction right close. The Senator is a lawyer 

and a very good one, and be will find that it only restricts American 

vessel-owners from taking Chinese from China to some other country, 

not the United States. 

Mr. MITCHELL. Oh, no; I beg pardon. 

:M:r. GEORGE. Read it and see. 

Mr. 1\fiTCHELL. It simply restricts them from exercising a right 

they could exercise before the passage of that act. 

Ur. G"EORGE. It was regarded as a species of slave trade, and it 

was confined to that. I read it here to the Senate. It is cop.fined exclusively to preventing that. 

Mr. MITCHELL. To what section does the Senator refer? 

Mr. GEORGE. To the first one, the one the Senator from Colorado _ 

read yesterday. 

Mr. MITCHELL. The first section? 

l'l1r. GEORGE. Yes. Read that carefully, and you will find that I 

am right about it. 

1\Ir. MITCHELL. Eection 2158 reads as follows: 

SEC. 2158. No citizen of the United States, or foreigner coming into or residing 

within the same, shall for himself or any other person, either a s master, factor, owner, or other wise , build , eq uip, load, or otherwise prepare any vessel regis- t ered, enrolled, or licensed in the United States, for the purpose of procuring 

from any port or place the subjecLs of China, Japan, or of any other oriental 

country, known a s " coolies, " to be transported to any foreig n port-

. Mr. GEORGE. To some other port. 

Mr. MITCHELLor place, to be disposed of, or sold, or transferred, for any time, as scrv.l.Dts or apprentices, or to be held to service or labor. 

".Any foreign port," I submit in all candor to the Senator from :Mississippi, includes any port in the United States, which was a fo1·eign 

port so far as the coolies were concerned. 

Mr. GEORGE. I thought that all ports of the United States were 

domestic ports and not foreign ports. 

Mr. l'IITTCHELL. A United States port is "foreign" to the place 

from which the coolies started. 

1\Ir. GEORGE. It does not say foreign to China; it just s::~.ys ':foreign." When an .American statute speaks of a foreigner or anything 

foreign it means something foreign to this country. 

Mr. MI'l'CHELL. The Senator from Mississippi is too goo:i a. lawyer and bas been too long on the bench to seriously advocate any such 

construction of the section as that. 

Mr. GEORGE. I am not going to argue that two and two make 

four; but I hope I will be pardoned for repeating that when the word 

"forei?:n" is in a statute of the United States without words qualifying its meaning, it means something foreign to this country and not 

foreign to any other country. 

Mr. MITCHELL. What was the object of the law? Look to the reason of the thing. 

.Mr. GEORGE. One of the first things I learned in studying law 

was that you are to look at the *ords of the· statute where they are 

plain and unequi>ocal. 

l'l1r. MITCHELL. Certainly. 

Mr. GEORGE. China is a foreign country. 

l'lir. l'l1ITCHELL. The object of the law, tl.te Senator must admit, 

was to prevent the bringing of coolies into the United States. 

Mr. GEORGE. I do not know whether that was the object or not. 

l'l1r. MITCHELL. Certainly it was. That was the object of the 

law unquestionably. 

Mr. GEORGE. The law is so plain that I do not care to argue it 

any more. 

As the principal quarrel between the Senator from COlorado and myself is about the action of the Republican party, I believe I will address my remarks now somewhat further to the action of the Republican party in this matter. The Senator takesgreatcomfortfromaresolution intrpduced in the Republican convention of 1876 by the Senator 

from Nevada [Mr. JoNES], and he says that means terrible things in 

the way of excluding Chinese from this country. What was the re3olution as quoted by the Senator? ' 

Since the authority to regulate immigration and intercourse between the 

United States and foreign nations rests with Congress, or with the United States and its treaty-making power, the Republican party ,regarding the unrestrictedNot the immigmtion oftbe Chinese, notauyimmigration of Chinese, 

butthe unrestricted immigration of the Chinese as au evil of great magnitude, invokes the exercise ofthose powersTo do what? To prohibit the immigration of Chinese? Nota word 

of it. This bill prohibits. The complaint was of "unrestricted immjgration." If they could just get restricted immigration, that was 

all they wanted. He did not say how much restriction he wanted, but 

he wanted it restricted. "Unrestricted immigration" was too much 

for him. And then what did they ask Congress to do? 

To restrain and limit that immigration by the enactmentofsuch just, humane, and reasonable provisions as will produce tba.t result. 

That was a mere tub thrown to the whale. It amounted to nothing. 

~ut in 1880 the convention of the Republican party made another ex cathedrd declaration upon that question, to which I desire to call the attention of the Senate if I can find it in my notes. I know this is a very 

drearj subject, and I know I am not performing my part very well, for 

the causes I have stated "when I asked for postponement; but as nobody 

will know when he comes to read what I say in the RECORD bow badly 

I delivered it, I suppose I may as well go on. 

In 1882 there was somebody else just like the Senator from Colorado 
8300 CONGRESSIONAL RECORD SEN~L\.TE. SEPTE!\IBER 5, 

who was insisting that the Republican platform of 1880 authorized and 

commanded the passage of laws by Congress to restrict this immigration. I want to read the language of a very distinguished Senator 

who, I suppose, has about as much right to speak for the Republican 

party as any man on this floor. He said: 

Mr. HOAR. ?.Ir. President, I do not think that anything will be gained by en- tering upon an extendeJ discussion of a measure which has very recently re- ceived so thorough and careful an examination at the hands of the Senate. I suppose the bill, either with or without the amendment which has been 

adopted, is destined to pass. I wish before it passes to put on reco1·d my cer- tain convictionAnd by the way, in order to save time, I want to call the attention 

of the Senate to a good many other propositions in what I am reading 

besides the main point--

my certain conviction that the opinion which has come from a large body of 

the most intelUgent people of the country, from the organs of the great denominations of Christians, from the representatives of thecommuniLies which have 

owed their prosperity, their power, their happiness to the respect in which the 

labor on which they are based has been held-! say I think this opinion is sure, sooner or later, is sure very speedily, to prevail in reversing the policy on which we now seem about to enter. 

That is, in passing the Chinese exclusion bill of 1882. 

I believe that the Pacific coast itself will come back >ery soon to the doctrine 

of the eloquent resolution framed by my honorable friend from California a few years ago as a representative of the Republican convention of his State, of ' which he was a leading member. It is impossible, it is incredible that a blow at the dignity of human nature, a blow at the dignity of labor, a blow at men, not because of their individual qualities or characters, but because of the colo!' 

of their skin, should not fail to be a subject of deep regret and repentance to the American people in the nineteenth century. I do not, however, rise to reargue this question or to reaffirm my own individual opinion. The conviction with which I have started has been deepened 

and re-enforced by the expressions of sentiment which have come from the 

sober, religious sense of this conn try. It has been strengthened also by the 

exhibition of the true character of the leaders of the sentiment which has de- m.anded and secured the passage of this bill, which we have seen in the press of the section of country from which it comes. I wish, however, to refer in a single word to one charge which has been frequently made, and that is that those members of the Republican partyAnd to this I desire to call the attention of the Senator from Colorado. 

I might have omitted the reading of all the other, but it was good to 

have it read and put in the RECORD, and I wanted it inI wish, however, to refer in a single word to one charge which has been frequently made, and that is that those members of the Republican pa1·ty who 

have resisted the passage of this measure have violated the pledges with which 

they asked the support of the American people at the recent Presidential election. I was in a condition, I think, to know something of the opinion and pur- poses of the men who composed the great Republican national convention of 1880. I was also in a condition to know something of the opinion of the great statesman and soldier and martyr and lover of liberty who was the standardbearer of my political associates in that memorable campaign. It is a dishonor to both to charge that they asked the support of the American people by pledging themselves to the principles upon which this legislation is based. 

General Garfield, I believe, would have gone to the stake, he would have put his right hand into the flames like Cranmer, before he would have accepted the 

Presidency or have subscribed his name to a. declaration involving such a blow to the dignity of labor and the dignity of American humanity as is involved in 

this bill. 

This is what the Republican national convention declared. I stand, and am ready to stand in the future, by every word and letter and syllable of the declaration. 

Now, I will read that declaration: 

Since the authority to regulate immigration and intercourse between the United 

States and foreign nations rests with the Congress of the United States and the 

tt·eaty-making power,the Republican party, regarding the unrestricted immigration of the Chinese as a matter of grave concernment, under the exercise of both 

these powers, would limit and re.strict that immigration by the enactment of such 

just, humane, and reasonable laws and treaties as will produce that result. 

The same idea exactly as the resolution offered in 1876 by the Senator from Nevada [Mr. JONES]. Here is the comment of the Senator 

from whom I am reading: • 

That is, the regulation of immigration and intercourse. Then General Garfield in his letter of acceptance stated the doctrine to which he understands he 

is committed by accepting the nomination of that party upon that platform. 

He said: 

"The material interests of this country, the traditions of its settlement, and the 

sentiment of our people have led the Government to offer the widest hospitality to emigrants who seek our shores for new and happier homes, willing to share 

the burdens as well the benefits of our society, and intending that their pos- terity shall become an undistinguishable part of our population." 

Then says the Senator: Is that like an enactment that no Chinese shall ever be naturalized in tile 

American Republic? "The recent movement of the Chinese to our Pacific coaf!t partakes but little 

of the qualities of such an immigration either in its purposes or its result. It 

is too much like an importation to be welcomed without restrictions, too much 

like a.n invasion to be looked upon without solicitude. We can not consent to allow acy form of servile labor to be introduced among us under the guise of 

immigration. Recognizing the gravity of this subject, the present administration, supported by Congress, has sent to China a commission of distinguished 

citizens for the purpose of securing such a. modification of the existing treaty as will prevent the evils likely to arise from the present situation. It is confidently 

believed that these diplomatic negotiations will be successful without the loss 

of commercial intercourse between the two powers, which promises a great in- crease of reciprocal trade and the enlargement of our markets. Should these 

efforts fail, it will be the duty of Congress to mitigate the evils already felt and 

prevent their increase by such restrictions as, without violence or injustice, will 

place upon a. sure foundation the peace of our communities and the freedom ~ddi~~~~~ . 

That ends the quotation from Mr. Garfield. I am reading from a speech made by the Senator from Massachusetts [Mr. HoAR]. That 

Senator continues: Mr. President, I reaffirm for myself, and for the people whom I immediately 

represent, every syllable of that eloquent declaration. I am willing to join my friends from the Pacific coast in re:;ulating immigration so as to extirpate, root and branch, every form of coaly labor. I am willing to plant at the outer gate- ways of this Asiatic nation vigilant and competent consular agents, without 

whose certificate no man shall come to our shores whose labor is not his own propertx; who does not come with his family. if he has a family; who does not come under the fair promise that he is likely to take upon himself in good faith 

the responsibilities, the duties, and the opportunities of American citizenship. Not an evil has been suggested in the petitionandcomplaintsthathave come from the Pacific coast against which I will not join with its representatives in 

striking a hard and fatal blow. But I wilJ.not strike at an honest, industrious 

temperate Christian laborer because I am afraid that his labor is more skillfui 

than mine or th::m the labor of the men of my race. I will not deny to the 

Chinaman any more than I will to the negro or the Irishman or the Caucasian 

the right to bring his labor, bring his own property to our shores, and the right to fix such a price upon it as according to his own judgment and his own in- terest ma.y seem to him best. I denounce this legislation not only ns a violation of the ancient policy of the 

American Republic, not only as a violation of the rights of human nature itself, 

but especially as a departure fl'Om the doctrine to which the great party to which I belong is committed iu its latest declaration of principles, and to which our great marty1·ed chief, whom we were so proud to acknowledge as our standard-bearer, affixed his declaration in almost the latest public act of his 

distinguished life. 

SC) the Senator from Colorado will see that the platform of 1876, 

which I have just remarked is substantially the same as the platform 

of 1880, almost in the same words, as interpreted by one of the mo:st 

distinguished members of his party, is not in accord with the views 

which he expressed yesterday; or, in other words, that there is nothing in that platform which justifies the present bill and nothing even 

which justified the bill which we passed in 1882. I will let that an- swer the argument of the Senator upon that point. 

I showed some days ago in a short speech I made then that the bulk 

of the Republican party in the Senate voted in favor of striking out 

from the House bill in 1882 the clause which prohibited Chinese naturalization. I stated that fact. I think I was interrupted then by a suggestion or by a question that that was unnecessary, that the law 

already prohibited it, and thattherewasnosuch practice. It had been 

a good while since these matters came before me and I only had a dim 

recollection of them~ and so statedatthe tin:i.e; butitwas stated in that 

debate that Chinese were actually being naturalized by State courts in 

the United States; Upon that subject I desire to read somethiug from 

that debate. On the motion to strike out section 14, which is in the 

following words: 

That hereafter no State court or court of the United States shall admit. Chinese to citizenship; and all laws in conflict with this act are hereby repealedMr. Farley, of California, said: Mr. FARLEY. I hope that amendment will not be adopted. For many reasons I do not wish to take up the time of the Senate just now in the discussion or this amendment. At the time that it was put into the first bill I know that some distinguished Senators took the ground that there was no necessity for 

this provision, because the statute already provided for it: But, notwithstanding t-hat statute, the courts have been naturalizing Chinamen; and I shall insist on the rejection of the amendment. at this time. 

Nobody controverted that statement made by Senator Farley. That 

matter came up again in the debate in a colloquy between Mr. Farley and 

the Senator from Connecticut [Mr. HAWLEY]. Senator Farley said: 

'Vill the Senator- , 

Speaking to Senator HAWLEYWill the Senator allow me to ask him one question? :Mr. HAWLEY. Certainly. Mr. FARLEY. Were they naturalized in the State of Connecticut, or where were they naturalized? 

1\Ir. HAWLEY. They were naturalized in Connecticut, I believe. One of them I know was a graduate at Yale College, had taken prizes in English composition there, and was regarded as a. man of superior ability nnd education. 

So I was right in stating that it was a then present emergent evil 

that required le~islation , that the practice was going on. Mr. MITCHELL. Will the Senator state that under the law as it 

existed at that time Chinese could be rightfully or legally naturali.zed 

in this country? 

Mr. GEORGE. I have not examined that question very fully, bnt 

my present impressions are that they had no right to ·be naturalized. 

That is my impression. 

l\Ir. MITCHELL. At the time when the amendment was voted 

down? 

Mr. GEORGE. Yes, I will state that-at the time the amendment 

was voted on. Mr. MITCHELL. I think the Senator is right in that. 

Mr. GEORGE. I have not examined that matter very thoroughly, 

though, but there seems to have been a doubt about it. The Senator 

from Texas [Mr. REAGAN] tells me, in addition to what I have stated 

here, that they naturalized about seven Chinamen in Indianapolis, 

Ind., a very enlightened State with a very intelligent State court, and 

then there was the statement made made by the Senator from Connecticut [Mr. HAWLEY] that they were naturalizing them in Connecticut, 

and I think that one ofthe most beneficent acts, and one of the most 

judicious grounds of legislation is to remove a doubt upon a st.atnte 

and to prevent misconstructions of tile statute by the courts of the 

country, and so it appears-- · Mr. DOLPH. Will the. Senator from Mississippi allow me to ask • 

question? 

Mr. GEORGE. Yes. 
1888. CONGRESSIONAL RECORD-SENATE. 8301 

Mr. DOLPH. Is the Senator able to state b.v what court, at what 

place, or by what judge Chinese were naturalized in Indiana? 

Mr. GEORGE. I have just read from Senator HAWLEY. 

Mr. J)OLPH. I ask as to Indiana. 

Mr. GEORGE. The Senator from Texas gave me that information. 

I have seen something in the newspapers about Chinese being natnmlized in Indianapolis. 

Mr. DOLPH. That statement has been made in the Senate before, 

but we are not able to ascertain where to look for the authority for it. 

Mr. REAGAN. If the Senator from ~fississippi will allow me, I 

will state that I saw an address printed in a St. Louis paper a few days 

ago, made by the district attorney or assistant district attorney of the 

United States, lately a State senator of Indiana, in which he gives the 

record proving that seven Chinamen were naturalized in Indianapolis 

and Yoted there against Democratic protest. 

Mr. DOLPH. Is the Senator able to state from recollection or otherwise what that record was, beforewhatcourtorwbatjudge, or in what 

tmvn? 

Mr. REAGAN. It was the record of a State court. 

Mr. GEORGE. Well, they were naturalized. I want to bring now before the Senate the opinions of distinguished H.epublicans to the effect 

that they ought to be naturalized, that they were proper subjects of - naturalization. I have not got my marked copy of the RECORD here 

and I may have to read a little more-- Mr. TELLER. I should like to ask the Senator a question. 

Mr. GEORGE. Let me find this now. Mr. TELLER. I should like to ask him a question with reference to 

naturalization. Does the Senator regard a Chinaman in the proper sense of the term a white man? 

Mr. GEORG E. I do not. 

Mr. TELLER. Does not the Senator know that there bas been in 

the statute since 1804 a provision that persons to be naturalized must 

be white men? · Mr. GEORGE. I do not know that it is exactly that wp.y. 

Mr. REAGAN. If the Senator appeals to me I think I can produce 

the decision of the State court of Indiana which bas been referred to. 

Mr. GEORGE. The Senator from Colorado will agree with me when I state my position. 

Mr. TELLRH. Let me call attention to the statute. 

Mr. GEORG E. I know what the statute is. In 1804 there was a 

statute passed, and I believe before that, in 1791, the first statute was passed for the naturalization of white men. In 1870 it was extended 

to peraons of Afric.an descent. 

Mr. TELLER. To Africans only; so that it includes only white 

men and Africans, not Asiatics. 

Mr. DOLPH. Will the Senator from Mississippi allow me to ask 

him another question? 

:Mr. GEORGE. I shall nev-er get through if I am constantly internlpted. 

1 Mr. DOLPH. - I desire to know if be is aware tha.t the present 

House amended the bill which was recently passed so as to repeal the 

provision of the act of 1882 which provided that no court should naturalize a Chinaman; and does he know whether that was done under 

.the impression--

Mr. GEORGE. You must not ask me as to my knowledge. I do 

not know much. If the Senator only wants to find out the extent of 

my information I will admit that I am very ignorant. 

Here is what the Senator from Connecticut [Mr. HAWLEY] said 

about it after the colloquy in which he stated that they were naturalizing Chinese in his State: · Therefore I conceive that the argument against cooly immigration has no force here for the reason that it is already sufficiently forbid den by-statute twenty years old, and for the further reason that there is none, and there is no tendency of it toward this country, because cooly emigration is punished by beheading in China. 

The Chinese immigration, while it affords a serious question to the people of 

the California coast, and I sympathize with certain. of their feeHngs, has not, in my jndgment, reached anything like the threat~ning proportions which h ave been represented. I am sorry i~ is not distributed more throughout the coun- try, for I appreciate the painfulness of my position in discussing a matter that 

does not immediately affect my own State at all, and I am willing to contribute to the charitable and sympathetic feeling for those who sincerely feel them- ~lves affiicted. 

I wish we could have some sympathetic feeling of that sort some- times from Northern Senators about troubles that are equally as dis- tr~ssing to some other sections of the country. 

I am willing to regulate the immigration. I think the Chinese Government 

is willing. I am willing to limit it; to restrict it. I admit, nay more, I assert, 

tbe right of a government to defend itself against a hostile or dangerous immigration. It is a question of fact as to whether this is such. It is a further ques- tion for rightful consideration whether we are wisely legislating against it even if there be an evil. If we could suppose a bill that should admit only such Chi- namen as came with their families, and admit such only as came with a pur- pose to permanent settlement with us, admitting none to be citizens and voters unless they should be able to speak and read the English language, you cer- tainly could defend such a. bill with much more consistency than you can defend this bill as it stands with the clause forbidding naturalization, because 

that makes no distinction upon the ground of merit, or education, or intelligence, or patriotism. It simply excludes a man by reason of his race or color, and we have said as emphatically a-S we could to the world that no man should be ex- cluded for that reason. An exclusion based purely upon race or color is unphilosophical, unjust;" and 

undemocratic. , 

I 

That is enough to read ofthat. I callat.tention now to what I have 

read from the Senator from ltlassachnsetts [Mr. HoAR] upon that sub~ 

ject. There are one or two other authorities of weight that I desire to ·call the attention of the Senate to. 

This was in 1882. We had a bill passed here in 1886, and that passed 

without much debate, but there were some Senators who opposed it ev-en then. 

I have not gone through all the speeches of Senators. I have quoted 

only from those of great eminence and of great weight in tbe Repub~ 

lican party. There are others I might say of almost equa1 standing 

and weight that I have overlooked, because I do not desire in my present condition to occupy the attention of the Senat-e a great deal longer. 

'fhis is four years afterwards. I want to read from the Senator from 

Massachusetts [l\fr. Ho.AB] again: 

Mr. HoAR. I "{lnderstand the Senator from Ohio who reported this bill does not propose to~ddress the S<'nate further. I think I ought not to let tlle occa- sion pass without at least expressing my own protest with re2"ard to this entire 

proceeding. 

This proposed act, and the statute of which it is an amendment, and the treaty 

which those two statutes profess to C.'l.lTy.into effect, will in my judgment be re- garded, if civilization be preserved on this continent, in future ages as among the great blots on the history of the human race. Here is legislation aimed at men, not on account of any individual crime or inferiority or fuult, but simply 

because they are laborers and because they belong to a certain race; and that 

in defiance of the two great foundation principles of this Republic: that labor 

is honorable. and that there ought to be no distinction between hum:J.n beings 

in their privileges on account of race. 'l.'be molive for this legislation is not, as will be confessed in private by every intelligent man who seeks it·, any fault, wrongdoing, or inferiorit:J of the classes 

sought to be aft'ected, but because American skill, American industry, and 

American intelligence fears that it shall be beaten in the race for wealth, and for 

employment, and for power. 

There is mpre of the same sort which it is not necessary to read. At 

another part of the same speech the Senator from Massachusetts used 

this language: 

If there were not a rivalry between the two political patties of this country for 

the politic.'\l vote of the Pacific coast this legislation would be received, in my opinion, with universal execration from all intelligent a.nd humane men. I do not propose to be led bv any real or fancied political necessity into a. departure 

from those principles of human freedom and human rights in which I have been 

educated. which have been the ornament and glory of my own State and my own country, and in departing from which every nation sooner or later is sure to encounter its just and ordained punishment. I do not propose, for one, to repeat for myself or to see others repeat without a protest the miserable history of the years which preceded the war, preceded the year 1850, when the two great parties of the country undertook to vie with each 

other in bidding for the votes of the supporters of slavery. I deem this Chinese 

legislation in principle a repetition of that disgrace. I do not mean to have on my own record or to leaye to my children any share in the blame. 

:.Mr. President, I hn.ve been reading from these Senators, not with 

the view of bringing upon them any reproach whatever for the expression of these opinions, but to show that leading men, able men, jnstly 

esteemed as leadets in the Republican party, made the declarations 

which I have read; and now I want to read from another. 'fhis one 

is very short. I ,read from a speech made by the Senator from Kansas, now occupying the chair [Mr. INGALLS], in 1886: . 

The Senator from Ohio states that he does not desire to renew the discussion 

of four years ago, and accuses the Senator from Massachusetts ofkni:;rht-errantry, 

intimating that he is a Don Quixote fighting wind-mills, and perhaps that! am h is Sancho Panza [laughter], btca.use we venture to ask that a. great measure of this kindNow comes the language to which I desire to call attention specially- ' 

because we venture to 1\Sk that a great measure of this kind, which I affirm is a <lisgrace to .American civilization,shall not bepasscd through here without discussion. 

That was the bill of 1886, the last bill that was passed on the subject. Now, I read from two Senators, of course we all respect them 

both as high, eminent, and leading statesmen, one of whom has re~ 

ceived the indorsement of tbe majority of his party as President of the 

Senate, and the other, I believe, receiv-ed the rest of the Republican 

votes in can<ms for that position. 

With all this record the Senator from Colorado gravely insists that 

this Chinese restriction matter "bas encountered mainly opposition from 

the Democrats all the way through, and that the matter of Chinese admission ts n.ltogetber a Democratic measure and oppo ed by the Repub~ 

lican party. Well, I can say nothing more than I have said as to that. 

There is the record, and there is the record which you made. There is 

the record which your party made; it stands for itself, and it can not 

be answered before the American people by the cha1·ge that the Senator who brings it before them bas been a slave-holder. 

There is another little piece of history in Congress which I will read 

to the Senate, which shows how the party stood, and, by the way, if I 

could lay my bands on it I should like to read some from the other 

Senator from Massachusetts [Mr. DAWES]. Everybody knows that 

that Senator has long been a leader in the councils of his party, and 

his expressions in 1882 were as strong and in the same line with those 

of his colleague. If I can find his remarks I will read them. If I do 

not I hope I shall be allowed to put them in the RECOlm, because I 

want the p'eople of this countiy to know what my distinguished friend 

from :Massachusetts thinks about it or did think about it. I do not 

know whether he thinks that way now or not. I do not know whether 

be has been converted by what is called in debate here "tpe unani- mous deman?- of the American people for this kind of legislation.'' 
8302 CONGRESS! ON AL . RECORD-SEN ATE. SEPTEMBER 5, 

This other little piece of history to which I propose to allude will go 

to confirm the statement of the Senator from Colorado that the Renublican party has been breaking its neck here for several years to tiy to 

stop Chinese immigration! On Uay 1, 1882, a very important act oc- curred in the House of Represmtatives. In view of the fact that the 

Senator from Colorado draws a distinction between the abrogation of 

treaties and the violation of treaties, let us see bow the Republican 

party stood in 1882 upon a direct and square-out proposition to abrogate the Chinese treaty. I read from the proceedings of the House of 

Representatives: 

Mr. TOWNSHEND, of lllinois. I moye that the rules be suspended and that the joint resolution which I send to the desk be passed. The Clerk read as follows : 

"Joint resolution for the abrogation of all stipulations in existing treaties with China which permit the immigration of Chinese into the United States except for travel, education, and foreign co=erce. 

"Whereas the great majority of Chinese who immigrate to this country are detrimental to the welfare of American laborers; and "Whereas they manifest no willingness or capacity or intention to assimilate with ·our own people and have no appreciation of our institutions; and '' \Vhereas the execution of the fifth and sixth articles of the treaty generally known as the Burlingame treaty endangers the peace and good understanding 

existing between the United States and China, and interferes with the power of Congress to regulate foreign commerce: Therefore, 

"l:lesolved. by the &nate and House of .Re-p1·esentatives in Congress a$sembled, That the President of the United States be, and he is hereby, authorized and req nested to immediately open correspondence with the Government of China for the pur- pose of securing a change or abrogation of all stipulations in existing treaties which permit the immigration of Chinese int-o the United States, except for travel, education, and foreign commerce." 

.A:ny one who listened to the Senator from Colorado yesterday, when 

he spoke about the grand difference between abrogation and violation, 

when he summoned his great powers to show: to the American people 

that whilst the Republica,ns and General Harrison would not do a thing, 

would not move a hair's breadth-in the way of ''violation,, might be 

led to suppose that they would do everything, travel the circuit of the 

earth if they could only have "abrogation" as the end of their journey. 

Here was a distinct proposition to change or abrogate. Now let us see 

what became of that resolution. 

1\fr. KAssoN. What power to abrogate have we under the treaty? 

1\fr. HooKER. I desire to offer an amendment to this resolution. :Mr. ToWNSHEND, of Illinois. I do not yield for the purpose of allowing the 

amendment. 

The SPEAKER, The question is on the motion of the gentleman from Illinois 

[Mr. TOWNSHEND]. Mr. TOWNSHEND, ofillinois. I desire that t-heHousemay consider the motion 

as seconded. The SPEAKER. No second has been demanded. Mr. RoBINSON, of l!Ia&-sachusetts. Let the question be taken on seconding the 

motfon. 

-Tellers were ordered; nnd 1\Ir. RoBINSON, of 1\Iassachusetts, and 1\Ir. TOWN· SREl'l-r>, of illinois, were appointed. . - The House divided; and the tellers reported-ayes 62, noes 100. 

Here comes the great part of this thing. It is funny: 

So the House refused to second the motion to suspend the rules. :Mr. TowNSHEND, of illinois. I ask for the yeas and nays upon this proposition. 

The SPEAKER. That is not in order. 

The :first thing we do over here after a division has been had, if any one is dissatisfied with the count, is to call for the yeas and nays, and 

yet the Speaker, who happened to be not JoHN G. CARLISLE or BAMUEL .J. RANDALL, but John W. Keifer, a distinguished member 

of the Republican party, decided the motion not to be in order. Now, 

let us see what else happened. 

Mr. ToWNSHEND, of Illinois. Although the rules provide that the roll need not be called on seconding a motion of this kind, I make the point that this is a 

motion to suspend the rules, including that rule as well as all others. The SPEAKER. But the motion is not entertained by the House. Mr RoBINSON, of Massachusetts. The rules are not yet suspended. 1\fr: REED. You can not suspend the rules -qntil you suspend them. [Laughter.l d . h h h" .. '.rhe SPEAKER. The vote just taken was to etermme w et er t 1S propos1tlon should be en~rtained by ·the House; and theHouse has refused to entertain H. 

So he could not get the yeas and nays on the motion. Now, see what 

:ttir. ToWNSHEND said was his motive'for getting the yeas and nays, 

which was not controverted by anybody: 

1\Ir. TowNSHEND, of Illinois. My purpose was. to show that but one Repub- lican in this House has voted to sustain_ t.he motiOn. 

The important historical fact that only one Republican in the House 

of Representatives voted to sustain the motion to suspend the rules by 

which this Republican panacea for all the ills of human life, the a:brogation of this treaty, could come before the House of Representat1ves, was not allowed by the Republican Speaker to be put on the records~ 

or Journals of the House, and posterity and the world will not know 

that fact that only one Republican voted to suspend those rules, ex- cept by thestatementoflli. TOW:!SSHEND, which was notcontradicted 

by anybody. _ 

Mr. DAWES. What is the date of that proceeding? 

Mr. GEORGE. May 1, 1882. I read from the CONGRESSIOXAL 

RECORD, volume 13, part 4, page 3476. 

Ur. D.A. WES. Is the Senator aware that the rules of the House do 

not permit the calling of the yeas and nays on the second of a motion 

to order the previous question? 

Mr. GEORGE. _No, sir; I do not impeach the Speaker's decision. 

I am only stating that I read that for the purpose of showing Mr. 

TOWNSHEND's statement. He wanted to get it on the record.. Ha 

could not do 1t. His statement that only one Republican vote was for 

it was not contradicted. 

When that time shall come, which the Senator from blassachusett.s 

is certain will come, when all the legislation we have had or are having or are trying to have for tbe restriction of the Chinese will be regarded 

with execration, I believe was the word, at least with disfavor-! do 

not remember the word, but with disfavor-then I take it when that 

time comes this execration and this disfavor will be mainly laid upon 

the shoulders of the Democrats. If the Republicans in their action on this matter have been looking forward to that happy time when the 

prejudices of the American people against admitting these Moll-golians 

into their country to compete with American laborers for their bread 

shall lmve passed away-I say if they are waitin,g for that time, then 

they may indeed rejoice if it shall come. They have shown the best 

record for that happy time that a party has ever shown upon any ques- tion. In 1862 they invited the Chinese in; in 1868 they contracted 

with Chinn. that they should never be kept out; in 1870, in ·the civilrights law, they protected these Mongolians from discriininating taxation as against Irishmen, Germans, and Englishmen, :md after we commenced, in answer to the demand of the American people, to pass 

legislation in Congress upon this subject, as I showed a few days ago, 

and up to 1886 at least, that side of the Chamber presentecl almostnot entirely, dissentients run up sometimes, I believe, as high as eight or nine-almost a solid \Ote against all measures on that subject. 

Mr. M:ITCHELL. Will the Senator allow me to ask him ·a question? 

Mr. GEORGE. Yes, sir. 

1\:t:r. MITCHELL. · Is the Senator from Mississippi aware of the 

factUr. GEORGE. Do not ask me anything about my knowledge. I am a ver_v ignorant man. Ur. MITCHELL. Is he aware of the fact that the present President 

of the United States and the present candidate of the Democratic party 

for the next Presidency--

Mr. GEORGE._ Whowill be elected, too. Putthatin. [Laughter.] 

Ur. MITCHELL. Is the Senator aware that the President on the 

6th day of April, 1886, sent a message over his signature to the Senate 

and House of Representatives of the United States--, · Mr. GEORGE. Oh, well, put that in an appendix to my speech. 

Mr. MITCHELL. Will the Senator allow me one moment? 

Mr. GEORGE. Go on. Mr. MITCHELL. That in that message the President recommend eft. 

that Congress amend the Chinese restriction act of 1882 as amended by 

the act of 1884 in such a way as to enlarge the right of Chinese to come to 

this country, which recommendation, had it been adopted by the Congress of the United States, would have admitted into this country a very large class of Chinese who are not permitted to come into this 

country by the acts of 1882 and 1884. · Mr. GEORGE. Are you through with your question now? 

Mr. MITCHELL. That is my question. 

Mr. GEORGE. I am not aware of any such thing. 

Mr. MITCHELL. Well, he did. 

Mr. GEORGE. I am answering now. Yon are through with your 

question. Now you can just stop. I am not aware of any such thing. 

If any such extraordinary thing happened as that I should think the 

President had been taking a little Republican liquor, or had been asso- ciating with and had been inspired by some of my Republic..1>n friends 

on the other side, and I do not believe he did either. In other words, 

I do not believe, ·in the first place, that the President did that thing; 

and in the next place-- · Mr. MITCHEI.JL. Well he did, and I hold the message in my hand. 

Mr. GEORGE. Wait until I get through. I do not want to be interrupted now. 

.Mr. MITCHELL. I should think not. 

Mr. GEORGE. Of course not. 

The PRESIDENT p1·o tempo1·e. The Senator from Mississippi is en- titled to the floor, and declines to be further interrupted. .Mr. GEORGE. I am entitled to, the floor. 

Mr. UITCHELL. Certainly. 

Ur. GEORGE. The Senator from Oregon bas from now until Christmas to use his papers. , Mr. MITCHELL. I did not wish to interrupt the Senator; I only 

wanted to ask him a question. 

:Mr. GEORGE. I have a little more to say, and I do not want to 

waste my time in interruptions of that sort. I had a pretty good idea 

in my head when the Senator came in with his foolishness. I believe 

I was recapitulating the great efforts made by the Republican party to 

get the Chinese into this country, but I am so much astounded now by 

the revelations made by the Senator from Oregon that I have rather 

lost the track. 

:Mr. MITCHELL. I think from the sound the Senator--

Mr. GEORGE. Never mind. Keep your seat, if you please. 

I believe when the Senator from Oregon interrupted me I was talkina about the claim of the Republican party, setup by the Senator from 

Colora-do, as being the earlv. original, eternal. and undying enemies o! 
• 

1888. CONGRESSIONAL .RECORD-BEN ATE. 8303 

the Chinese getting in here, and then the original, early, and undying 

friends of any policy to put them out when they had got here. I 

thought I would recapitulate some important facts upon which I have 

touched in the scattering and desultory remarks I have ma{le, and 

which the Senator from Nevada and others on the opposite side forced me to make under great disadvantages, when unwell. Now I will go 

A bill (H. R.1641) for the erection of a light-house at or near a point 

about midway between Barnegat and Navesink lights, in the State of 

New Jersey; and 

b~k . . 

In 1862 the Republican party opend the door, inviting these fellows 

in. They-never llad been invited before. If they were here before, 

they were here without any national authority, without any national 

invitation. That was in 1862. . In 1868 tbey made a treaty throwing wide open the door of Chinese 

A bill (H. R. 1249) for esroblishing a light-house and fog-signal on Roe Island, Suisun Bay, California.· The message also announced that the House had agreed to the re- spective conferences on the Sen.ate amendments to the foregoing bills 

asked by the Senate, and bad appointed Mr. CRISP, Ur. ANDERSON, . and l\h. THOMAS H. B. BROWNE of Virginia managers at the conferences_ on the part of the Honse. 

CHINESE lilliiGRATION. 

immigration, and bolting and fastening the door open, so that without The PRESIDENT pro tempore. The bill H. R. 11336, a supplement a violation of the treaty it never could be closed again. to an act entitled "An act to execute certain treaty stipulations relating 

In 1870 they were not content with that. TQ.ere was a little power, to Chinese,'' approved the 6th day of May, 1882, having been read three 

they thought, which might be left in the State governments, by discour- times, the question is, Shall the bill pass? The yeas and nays having 

aging Chinese immigration, discriminating between an Irishman and a been ordered, Senators in the affirmative will answer ''yea.'' 

Chinaman, between a German and a Chinaman, and they were so jn The Secretary proceeded to ca.ll the roll. 

love with these Mongolians and so much not in lo>e with our Irish 1\Ir. PASCO (when Mr. :FAULKNER's name was called). I was re- and German friends that they thought it might be that some of the quested toanno(!nce that the Senator from West Virginia [.M:r. FAULK- Stutes would undertake to tax one of these Oriental jewels of theRe- :~mn.] is paired with the Senator from Pennsylvania [Mr. QuAY). If 

publican party, the Chinaman, a little more than they taxed another the Senator from West Virginia were present, he would vote "yea. " 

immigrant. So they put a provision in the civil rights Jaw, not in a Mr. WALTHALL (when Mr. GRAY's name was Cc'llled). The Sen- revenue law, but in a civil rights law, intended to put the white peo- ator from Delaware [Mr. GRAY] is paired with the Senator from llli- ple of the South on an equalitywith_the negro-I do not know whether nois [Mr. CoLLo:u]. 

they meant to lift us up to the negroes or to put us down, but at any Mr. CULLOlL I was not aware that the Senator from Delaware rate it was to pu~ us on an equality with our colored friends socially [Mr. GRAY] was away. We have a general pair, and if he is not here 

and every other way, not politically, but socially- they put in this I shall withdraw my yote. 

axing provision, "you shall not tax a Chinaman unless you tax a:1 Mr. WALTHALL. I merely Cc'llled attention to the pair. If the 

Irishman or a Frenchman or somebody else to the same amount." Senator from Delaware [Mr. GRAY] were here, be would vote "yea." 

Well, the American people got mad at all thisw.ickednessand folly. Mr. CULLOl\f. Then I shall let my vote stand. 

In 1879the people, through their Representatives and some of their Mr. HISCOCK (when his name was called). I am paired with the 

Senators here, commenced agitating about gettingl'id of this incubus. Senator from Arkansas [Mr. JoN~s] . I suppose if he were present be 

A bill was passed mainly by Democratic -votes; it was opposed mainly would vote "yea. " Therefore I vote "yea. " 

by Republicans, and when the poor iaboring people in this country had M:r. BERRY (when the name -of Mr. JONES, of Arkansas, was called). 

begun to think that they were in sight of the promised land, when My colleao-qe [.Mr. -JoNES] is paired with the Senator from New York 

like the poor pilgrim who was i.n the slough of despond over":helt?ed [Mr. Hisc"'ocK], as the Senator from New York has stated. If my col- by its waters, they had got a s1ght of the Delectable Moun tams J nst . league were present, he would vote "yea. " 

beyond , when these poor, hard-working people began t o think they I 1\Ir. McPHERSON (when his name was called). I do not know but 

were about to reach the Delectable Mountains, and at last these Mon- that I am paired with the Senator from Michigan [Mr. STOCKBRIDGE]. 

golians would be restrai?ed a little, would .be crippled a little, wo!1~d We were paired yesterday afternoon, and. I do not know whether be not be allbwed to come m here t o take tbeu work from them, the Dill intended the pail: to stand over to-day or not. 

passed the House, it passed the Senate, it went up to the other end of Mr. STEWART. The Senator from Michigan [Mr. STOCKBRIDGE] 

the a>enue, and it was vetoed by a Republican President. That wa3 would vote "yea," if he were present. discouraging; buttbepeoplepersisted, theytbreatened, theyweremau. Mr. McPHERSON. Then I shall vote "yea." 

Then in 1882, three years later, after three years more of outrage, Mr. SAWYER The Senator from Michigan [Mr. STOCKBRIDGE] 

three years more of hard competition, three years more of nnrewanled told ·me to-day that he would vote ''yea.'' 

and unrequited toil on account of the competition of the8e men, we Mr. McPHERSON. I vote "yea." . 

passed another bill, mainly by Dem_ocratic votes in ~oth Houses, as _I Mr. PUGH (when Mr. MoRGAN's name was called). My colleague 

showed the other day, and then agam the poor labormg people of this [1\Ir. MORGAN] is necessarily absent from the Senate, and is paired 

country began to think that they would see daylight. That bill was with the Senator from New York [Ur. EVARTS]. 

sent up· the avenue and it was vetoed, not by a Democrat, but by aRe- Mr. PADDOCK (when his name was called). I am paired generally 

publican. with the Senator from Louisiana [Mr. EUSTIS]. Presuming that if he 

Then to conform our ideas to the demand of the President we passed were here he would vote ''yea,'' I shall vote ''yea.'' - a bill, and he at last signed it, and then, ob, then, we know the laborers Mr. PASCO (when his name was called). lam paired with tbeSenafelt happy then. . tor from Illinois [Mr. FARWELL]. I ask hiscolleague [Mr. CuLLOM] 

In 1886 they had so stirred up public sentiment, they had so organ- if he knows how the junior Senator from Illinois [Mr. FARWELL] 

ized themselves, they had so pronounced from the house-tops and ·would vote? 

everywhere else that they intended to have relief from this curse of Mr. CULLOU . . I think he would vote ·" yea" on this question. 

Chinese c:>mpetition, that then, i.qdeed, they saw one after another of Mr. pASCO. Then I shall record my vote ''yea,'' with that underthe sta~wa!t oppo~ents of restriction fall. Two or three were left•as standing. 

I have md1cated- 1t ~y be_ m~>re, not many though- to s!and by wh~t Mr. PLU~IB (when 1\fr. QUAY'S name was called). Some ocean- they regarded a~ their conVIctiOns. Bu~ the stra~gest thmg of all ~his nounced a moment ago on the other side of the Chamber a pair with 

eventful story lB ~bat t~e muse of hiStory, m1Sled b~ Repub!Ican the Senator from Pennsylvania [Mr. QuAY]. I wish to say from my 

Senators, has got things ml.Xed, and now when everybody IS for Chmese own personal knowledge on the subject that the Senator from Penn- restriction-when this has been brought about by the means I have sylvania [:Mi. QuAY] would >ote "yea" on this bill, and therefore 

described- it is made to appear that those who fought the good fight for whoever is paired with him will be at perfect liberty to vote the same the restriction and won the victory were all the time on the other side, way. -

and that the only real friends of restriction were those who all along Mr. PASCO. The Senator from Pennsylvania [Mr. QUAY] i.~ paired 

fought against it. / with the Senator from West Virginia [M:r. FAULKNER], who is neces- . No'!, Mr. Presi~en , apolo~izing t~ the Senate ~or the desultory way sarily absent. I announced that the Senator from. West Virginia would 

1n whiCh I have diScusse?- thiS quest10n, and basmg my ex~use upon vote "yen," if be were present. 

the statement of fact whiCh I made when I commenced, I Willsuuen- Ur. DA VIS (when Mr. SABIN's name was called). JI.Iy colleague 

der the floor. . [Mr. SABIN] is paired with the Senator from West Virginia [.I'!Ir. 

11IESSAGE FROM THE HOUSE. KENNA]. If my colleague were here, he would vote "yea." 

AmessagefromtheHouseofRepresentath·es, by l\:Ir. CLARK, its Clerk, Mr. TELLER (when his name was called). I am paired with the 

announced that the House bad disagreed to the amendments of the Sen- Senator from Louisiana [Mr. GIBSON], but I am assured that he would 

ate to the following bills: vote ''yea,'' if he were present, and therefore I shall vote ''yea.'' 

A bill (H. R. 5700) to facilitate the transportation oflife-sa.ving and 1\Ir. RANSOM (when Mr. V .ANCE's name was called). My colleague 

light-house supplies at Hog Island, Virginia; [Mr. "\•AKCE] is paired with tbeSemi,torfrom!tfichlgan [Mr. PALMER], 

A bill (H. R. 8855) for the establishment of a light-ship with a steam bu.i; I advised the Senator from .1\'Iichigan, knowing that my colleague 

fog-signal at Sanely Hook, New York Harbor; would vote "yea," that he could vote "yea," and l:.e so voted. If 

A bill (H. R. 1239) to extend the jurisdiction of the Light-House my colleague were here, he would >ote "yea. , Board to the Sacramento and San .Toaquin Rivers, California; The roll-call was concluded. A bill (H. R. 5716) for establishing a light at the mouth of Otter l\'Ir. BLACKBURN. I am paired with- the Senator from Nebraska 

Creek, Lake Cbamplarn; [Mr. MANDERSON]. Ifhewere present, I should vot-c."yea. " I wish 
8304 CONGRESS! ON AL RECORD-HOUSE. 8EPTE1\IBER 5, 

to state that mv colleague fMr. BECK] is paired with the Senator from 

Maine [Mr. HALE], neither-of them being present. My colleague would 

vote ''yea,'' if be were present and not paired. 

:Mr. PADDOCK. I desii·e to inform the Senator from Kentucky that 

my colleague [Mr. MANDERSON] would vote "yea," if he were here. 

Mr. BLACKBURN. Then I shall ask leave to have my vote recorded 

in the affirmative.' 

Mr. ALLISON (after having voted in the affirmative). :My colleague 

[Mr. WILSON of Iowa] is necessariJy absent to-day, and is paired with 

the Senator fr~m Maryland [:M:r. WILSON]. I have a general pair with 

the senior Senator from Delaware [Mr. SAui.SBURY]. I leave it; with 

}lis colleagues to say what I shall do respecting the pair. 

Mr. COCKRELL. Tlle senior Senator from Delaware [.Mr. SAuLsBURY] would vote "yea," if he were present. 

Mr. ALLISON. I will allow my vote to stand unless some Senator 

thinks I ought to observe my pair. 

Mr. COCKRELL. Let it stand. I am paired with the Senator from 

Connecticut [J',Ir. H.A WLEY]. Ileave it to his colleague to say whether 

the pair shall be observed. 

Mr. PLATT. I do not know how my colleague would vote. 

Mr. COCKRELL. I have voted "yea." I will withdraw· my vote 

if the Senator says so. I withdraw my vote. 

The PRESIDENT pro tempore. The Senator from Missouri withdraws his vote. 

Mr. HISCOCK. Did I understand' some Senator to announce that 

he wa,c:~ paired with my colleague [Mr. Ev .ARTS]? 

]',{r. CULLOM. The Senator from New York [Mr. EVARTS] is 

usually paired with the Senator from Alabama [Mr. MORGAN]. 

The PRESIDENT pro tempore. The announcement of the pair was 

made. 

Mr. PUGH. My colleague [Mr. MORGAN] is paired with the Senator from New York [Mr. EVARTS]. 

The PRESIDENT pm tempore. ~oth Senators are absent. ·. 

Mr. HISCOCK. I have no doubt that my colleague [Air. EVARTS] 

would vote "yea," if he were here. 

Mr. 'fELLER. I desire to announce the pair of my colJeague [Mr. 

BoWEN] with the Senator from Florida [Mr. CALL]. If my ·colleague were present he would vote '' yea.'' 

Mr. PUGH. The Senator from West Virginia [Mr. KE:NNA] requested me to announc'e his pair with the Senator from Minnesota [Mr. 

SABIN]. The Senator frol\l. West Virgipia would vote "yea," if he 

were present. 

Mr. BATE. My colleague [Mr. HARRIS] is necessarily absent, and 

is paired with the Senator from Vermont [Mr. MoRRILL]. IfmycolIearne were present he would vote '' yea.'' Mr. BLODGETT. I am paired with the Senator from New Hamp-

. sbire [Mr. CHANDLER]. I understand that he would vote "yea," if 

he were present. 

Ur. BLA.IH. My colleague [Mr. CHANDLER] would vote "yea," 

if present. 

Mr. BLODGETT. Then I vote "yea." 

Jl,fr. BLAIR. - I will simply say that my colleague [Mr. CHANDLER] 

is necessarily absent, and, as has been stated, if present he would vote 

''yea.'' 

The result was announced-yeas 32, nays 0; as follows: 

Allison, 

Bate, 

Berry, 

Blackburn, 

Blair, 

Blodgett 

Chace 

Coke 

YE.AS-32. 

Colquitt, 1\IcPherson, 

Cullom, :Mitchell, 

Davis, Paddock, 

Dolph, Palmer, 

George, Pasco, H ampton, Plumb, 

Hiscock, Pugh, Jones of Nevada, Ransom, 

NAYS-0. 

.A.BSENT--44. 

Reagan, 

Sawyer, 

Spooner, 

Stewart-, Teller, 

Turpie, 

Vest, 

Walthall. 

Aldrich, Edmunds, Hawley, Quay, 

Beck, Eustis, Hearst, Riddleberger, 

Bowen, Eyarts, Hoar, Sabin, 

Brown, Farwell, Ingalls, Saulsbury, Butler, Faulkner, Jones of Arkansas, Sherman, 

Call, Frye, Kenna, Stanford, Cameron. Gibson, 1\Ianderson, Stockbridge, 

Chandler, Gorman, Morgan, Vance, 

Cockrell, Gray, :Morrill, Voorhees, 

Daniel, Hale, Payne, Wilson of Iowa, 

Da.!Yes, Harris, Platt, Wilson of Md. 

The PRESIDENT 1Jro tempore. A quorum not having voted, the Secretary will call the roll of the Senate. 

Mr. PLUMB and Mr. COCKRELL addressed the Chair. 

The PRESIDENT pro tempore. The Senator from Kansas. 

Mr. PLUMB. Is it in order to move an adjournment? 

The PRESIDENT pro tempore. It is in order. 

Mr. PLUMB. It seems to me, though I do not care to make the motion--

Mr. COCKRELL; I rose for that purpose myself. 

Mr. PLUMB. It seems to me that perhaps we should not lose any 

time by letting this matter go over until t?·morrow morning when 

there will no doubt be a quorum present. Sllll, I do not make a motion to adjourn. 

·. 

The PRESIDENT pro tempore. The Secretary will call the roll of 

the Senate. 

M:r. BROWN. I move that the Senate adjourn. 

The motion was agreed to; and (at 5 o'clock and 42 minutes p. m.) 

the Senate adjourned until to-morrow, Thursday, September 6, 1888, 

at 12 o'clock m. 

HOUSE OF REPRESENTATIVES.· 

WEDNESDAY, September 5, 1888. 

The Honse met at 12 o'clock m. Prayer by Rev. J. H. CUTHBERT, 

D. D. 

The Journal of yesterday's proceedings was read and approved. 

MISSOULA RESERVATION, 1\IONT.AN.A. 

The SPEAKER laid before the House a letter from the Secretary of 

War with accompanying papers, recommending legislation to secure 

for ~ilitary purposes certain lands within the limits of the Missoula 

reservation, !\fontana; which was referred to the Committee on Military Affairs, and ordered to be printed. 

CLAil\fS DISMISSEP UNDER BOWMAN ACT. 

'£he SPEAKER also laid before the House a letter from the assistant 

clerk of the Court of Claims, transmitting a list of war claims under the 

Bowman act dismissed for failure of proof of loyalty; which was r~­

ferred to the Committee on War Claims. 

ESTABLISHMENT OF LIGHT-SHIPS AND LIGHT-HOUSES. 

The SPEAKER also laid before the House the amendments of the Senate to the bill (H. R. 5716) for establishing a light at the mouth of 

Otter Creek, Lake Champlain. 

Mr. CRISP. :M:r. Speaker, this is one of several bills that are on the 

Speaker's table which have been amended by the Senate by iilserting 

in the House bills the appropriation of the money for the erection of 

the light-house or the establishment of the light-ship, as the case may 

be. Under the rules of the House the Committee on Commerce bas no 

authority to make· appropriations for such purpose. The Senate W?k a 

conference, with the House on the amendments to these several bllls; 

and I ask unanimous consent that the House non-concur in the amendments of the Senate and agree to the conference asked. 

M:r. ADAMS. Let me ask the gentleman what difference there is 

between the request in this case and a somewhat similar request a few 

days arro to which objection was then made? Thegentlemanisaware 

of the fa~t that I have been strenuous in my desire that in some way 

on all such questions there should be an expression of sentiment on the 

part of the House, although whenever a good reason has been given I 

have withdrawn any objection to such requests . 

Mr. CRISP. The gentleman perhaps did not hear my statement. 

tJ nder the rules of the House the Committee on Commerce does not incorporate in any of their bills a provision appropriating the money for 

the work. 

Mr. ADAMS. I am aware of that. 

Mr. CRISP. The cases to which I now refer are House bills pro-

"idinrr for the establishment of light-ships or the erection of lighthouse~ in some half dozen different localitie~ which are on the Speaker's table. 

Mr. ADAMS. The rule is the same in regard to them. The gentleman asked, if I understand it, unanimous consent, a few days ago, 

that the House should take action upon these bills ~ithout reference 

to the committee at all. 

Mr. CRISP. No, sir; t!ley are different bills. 

Mr. ADAl\IS. The bills are of. the same character. 

Mr. CRISP. They are of the same general character. In each case 

the Senate amendment appropriates the money. My request is that 

the House non-concur in these amendments and agree to the conference, in order that we may make an effort at least to enforce the rules 

of the House in this respect. · · The SPEAKER. If there be no objection,-that order will be made. 

There ·was no objection, and it was so ordered. 

The same order was made with reference to the following bills, 

namely: 

A bill (H. R. 1239) to extend the jurisdiction of the Light-House 

Board to the Sacramento and San Joaquin Rivers, California; 

A bill (H. R. 1641) for the erection of a.lig~t-hot;me at ?r near a point 

about midway between Barnegat and Navesink lights, 10 the State of 

New Jersey; 

A bill (H. R. 1249) for establishing a light-bouse and fog-signal on 

Roe Island, Suisun Bay, California; 

A bill (H. R. 5700) to fa.cilitate the transportation of life-saving a!ld 

liO'bt-house supplies at Hog Island, Virginia; and 0

A bill (H. R. 8855) for the establishment of a light-ship with a steam 

fog-signal at Sandy Hook, New York Harbor. 

BONDS OF DISBURBING OFFICERS, ETC, 

The SPEAKER also laid before the House the Senate:amendments 

to the bill (H. R. 8873) in relation to the bonds of disburaing or other 

officers and t.he monthly payments of the Army; which were referred 

to the Committee on Military Affairs. 

• 

. 

.