Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1879-05-17
CONGRESSIONAL.
DISCUSSION OF THE JURORS TEST
OATH.
Remarks of Senator EatOn-Warner's Sill
yer Still Hangs Fire in the House
Postal Appropriations.
WASHINGTON, May 10.
SEN TIE

luton OF the Ith requesting lnIOTlhdliOH
relative to the alleged unlawful occupa-
ton of a portion Of the Indian territory.
He transmits a copy of his proclama-
ton, and copies of the correspondence
and papers on file in the War Depart
ment touching this subject.
Mr.. Pendleton reported, from the
Committee on Indian Affairs, bill au-
thorizing the Secretary OF the Interior
TO depoSite certain Indian funds IN the
treasury in lieu OF investment.
On motion of Mr. Ingalls, it was re-
solved that the Secretary Of the Treas
ury be directed to report to the
Senate what amount of legal tender
notes have been presented and redeemed
in coin since the lst of January last,
and what amount of coin he considers
himself authorized to retainin the treas
ury to maintain specie resumption.
Consideration was then resumed OF
the legislative, executive and judicial
appropriation bill. .
Mr. Eaton spoke of the legislative
part of tho bill. Every man, he said,
would ask for fair and impartial jury,
and according to the obligations OF sense,
thev were sworn TO strike from the
statute books the Infamous and damna-
bic laws which now corrupted judicial
proceedings.
Mr. Conking Mr.. Eaton yielding
declared that the late war was not Waged
bv one section against another, but was
a war waged by one section against the
Union waged by the fragment OF a party
To destroy the national life. lie
then said that the war having ended
fourteen years ago, the jury laws could
not affect those who were boys during
the war, and therefore could not be
applied to them. They were only ap-
plicablc to the survivors OF the war. lie
was utterly opposed to the repeal OF any
law and to any legislation under which
white lcaguers, night riders, lncendla-
ries. murdercrs or viOlatOrs OF the law OF
any description could be tried by jury
of their complexion and selection. lie
suggested that the argument OF the
Senator from Connecticut, that we were
not a nation was an illustration of what
the Senator had studied at school under
the title of "The indefinite eXpanslblllty
of matter"
Mr.. Eaton, resuming his remarks, said
that when he gave way for the Senator
to ask question he ought not To make
a speech in the middle OF his own. lie
rEaton1 knew and repeated that in the
South to-day juries are purgcd and
honest men kept out OF the jury box by
Judges, marshals and attorneys who are
not honest men.
Mr.. Butter, noticing a remark OF Mr..
COnkling, said lie was present at the
Circuit Court of South Carolina IN 1871
and saw the Chief Justice authorize the
administration OF the irOn-Clad oath.
This oath was administered to every
Democrat, but not to a single Republl-
can. Among the Republicans were
three men who served in the COnteder-
ate army, one of them as lieutenant
under his Butler'sl command.
Mr.. COnkling said that the court must
have read the sacred record, "By their
fruits We shall know them" Mr.. COnk-
ling defended Mr.. John Davenport by
saving, that the Chief Supervisor for the
Southern district of New York, Mr..
Davenport, was a citizen OF New York
State, and if he violated any law was
amcnable To punishment the same as
any other citizen, vet in spite OF all the
charges against him, no suit had ever
been brought against him. Many OF
the men prevented from voting on
naturalization papers have since taken
the first step toward becoming citi.
zens, showing the lnvalldlty
of their former papers. lie
read from the report of Hon. ;. ;. Cox 5
committee, made March 3, 1877, euIo-
gizing and commenting for imitation
the laws under which a perfectly fair
election was held in New York in 1870.
He thought Mr.. Eaton would recognize
Mr.. Cox as a good Democrat and his
opinion as valuable.
Mr.. Voorhees, SAID every one would
concur in Mr.. COnkling's statement that
New York could take care OF her own
affairs, vet that Senator had spoken OF
corrupt forces preventing fair elections
i'm New York. lie Mr.. Voorhees, de-
sired To know why that State was Calum-
mated here by the statement that her
electiong have been a disgrace to civila-
ton and dominated by rulhans. Was she
50 low aud poor in the political scale that
she comes a. an humble Suppllant to
the federal government, asking that
John Davenport be endowed with impe-
rial powers in order to secure fair cleo
tions?
Mr.. Conkling said this theoretical out
burst lacked one quality common IN
Mr.. Voorhees, eloquent speeches, name
". originality. This charge against him
IConklingl had been made in the news
papers, and at least half a dozen Sena-
tors had not the pluck to pick it up. Re
sponsible to the people who honored
him. when that people was illuminated
bv him he would bear in re-
pentance before the authority he
was bound 10 recognize, and he
would not call upon the Senator from
Indiana TO fatigue himself by vindiCating
the honor OF New York. New York
was able, if she saw fit, to punish all the
offenders against the law within her
borders, but she left certain classes oi
ofenSes to the jurisdiction OF the nlted
States. She was not afraid, but willing
and glad to recognize the national
authority, to welcome it and have It
dwell in her midst She left the eXecu-
ton Of the revenue laws and customs
laws, the laws against Counterieiting &c,
to the federal government, and so she
did the execution of these election laws.
Mr.. Voorhees, said he would, on some
future occasion, reply to the speech OF
Mr.. Conkling.
Mr.. Herman replied at considerable
length to Mr.. Conkling. He pointed
out that the fair election OF 1876 resulted
in Democratic victory, and New York
always went Democratic in fair cleo
ton because the Democrats are in ma
ioritv there. New York was able %
regulate its own elections and preserve
their purity.
Mr.. Blaine said he wished to make q
few remarks on the pending bill, but
would not be prepared to do so before
Monday.
With the understanding tomorrow
session will be for the consideration Of
amendments to other than political
clauses, the Senate adjourned.
HOUSE,
resolution was renOrtal from the