I CONGRESSIONAL RECORD: 1./:< 9"- . Zd3~ CONTAINING THE PROCEEDINGS AND DEBATES · OF THJ!! 11-,0RTY-FOURTH CONGRESS, FIRST SESSION; ALSO SPECIAL SESSION ·oF THE SENATE. VOLUME IV . .. ... ...... . · ~ WASH IN G·T 0 N: GOVERNMENT PRI N TING OFFIOE 1 8 76. (. • ... :~~~} , " • .f ]:it. .•. ·"'It : ·' I • • ~" ·~ .:. : APLUS • 1 UBRARY ();.: CON ESS DUPliCA E ' . VOLUME IV, PART I. CON-G RESSIONAL ·. RECORD .. - . SPECIAL SESSION OF THE SENATE AND FIRST SESSION, FORTY-FOURTH .CONGRESS. ·~ ... •. CONGRESSIONAL RECORD. DEBATES AND PROCEEDINGS OF THE FORTY-FOURTH CONGRESS. SPECIAL SESSION OF THE SENA-TE. IN SENATE. oath prescribed by the act of July2, 1862, were administered to them I'e pectively by the Vice-Pre ident. FRIDAY, March 5, 1875. The n::unes of the following Sen:ttors-elect were next called: Allen T. Caperton, of West Virgini:t. The VICE PRESIDENT of the United States (Hon. HE~'RY WIL- Francis M. Cockrell, of Missouri. SON, of Massachusetts) called the Senate to order at twelve .o'clock Charles W. Jones, of Florida. noon. Samuel B. Maxey, of Texas. Rev. BYRON SUNDERLAND, D. D., offered the following prayer : Robert E. Withers, of Virginia. . 0 Thon Almighty and everlasting God, the maker of heaven and The oath to support the Constitution and also the o:tth prescnuet1 earth, we come in this place to acknowledge and to worship Thee, for by the act of July 11, 186~, were administered to the e.gentle~en. with Theea.re all our beginnings '.tnd all our endings. And now, as Thy The Senators-el ct having been sworn anu taken their seats ill the servants have a embled here to commence a new chapter in the hi - Senate, the following Senators wore pre ·ent : tory of this . body, we humbly entreat Thee, regn.rd them with Thy From t.he State of- favor. Give to each of them life, and health, and strength. Give Maine-Hannibal Hamlin and Lot f. Morrill. them t~ see eye to eye in all the grave matters of this nation com- New Hampshire-Aaron H . Cragin and B.ainuridge.Wu.dleigh. mitted to their charge, and in all their labors and responsibilities Vernwnt-George F. Edmunds and Ju tinS. Morrill. ma.y they lean upon Thy arm for snpport. Through J esus Christ. Massachusetts-George S. Boutwell and Henry L. D awes .. Amen. Rhode Island-Henry B. Anthony and Ambro e E. Burnside. The VICE-PRESIDENT. The proclamation of the President of the Connecticu.t-Orris S. Ferry and William W. Eaton. United States convening the Senate will be rea.O.. .New York-Roscoe Conkling and Francis Kernan. The Chief Clerk ("'-.,.· J. McDONALD, esq.) read the following proc- New Jersey-Frederick T. Frelinghuys~n .and Theodore F. Ranuolpb. lamation: Pennsylvania-Simon Cameron and W1ll1:1ID A. Wallace. By the Presider;t of the United States of .A.mmca. Delawaru-Thomas F. Bayard and Eli Saulsbury. _/ A PROCLAMATION. Mar-ylatUl-George R. Dennis and William Pin~ey Whyte. V 'L_Whereas objects of intere t to the United States require tha.t the Senate should Virginia-John \V. Johnston and Robert E . Withers. be convened at twelve o'clock on the 5th day of Ma.rch next, to rooei ve and act upon such communications as may be made to it on the part of the Executive: North Cm·olina- Augu tus S. Morrimon and Mat tllew W. Ram;om. Now, therefore, I, Ulys es S. Grant, President of the United States, have consid- South Carolinq,-John J. Patterson and Thomu.s J. Robort on. ered it to be my duty to is ue this, my proclamation. declaring that an extraordi- Florida- Simon B. Cono er anu Cha,rles W . Jone . · nary occa-sion requires the Sen:~.te of the United States to convene for the tran ac- tion of business at the Capitol, in the city of Wa hington, on the 5th day of March Georgi4-Thomus M. Norwood. n ext, 'l>t twelve o'clock at noon on that day, of whicll all who shall at that time be Alabama- George Goldthwaite and George E. Spencer. entitled to act as members of th..'tt body are hereby required to take notice. .Missi s·i ppi-James L. Alcorn and Branch K. Bruce. Given under my hand and the seal of the U niLend take the oaths of otli.ce. Ohio-John Sherman and Allen G. Thurman. The Chief Clerk calleu the names of the following Senatora-elect: Indiana-Joseph E . McDonald and Oliver P. Morton. Thomas F. Bayard, of Delawam. C Illinois-John A. Logan and Richard J. Ogle by. Branch K. Bruce, of Mississippi;---- · .Michigan-Isaac P. Christiancy an~ Thomas W. Ferry. Ambrose E. Burnside, of Rhode !slana. Wisconsin,- Angus Cameron and T1mothy O .. Howe. Angus Cameron, of Wisconsin. Ittwa-Willia,m B. Allison and George G. Wnght. I aac P. Christiaucy, of Michigan. Minnesota-Samuel J. R. McMillan and William \Vindom. Henry L. Dawes, of Ma sachu~::~etts. Kansas-James 1\L Harvey and John J. Ingalls. \Villiam W. Eaton, of Connecticut. Nebra.sk-a-Phineas W. Hitchcock and Algernon S. Paddock George F. Edmund, of Vermont. revada-John P. Jones .. H:tnuibal Hamlin, of Maine. Califomia-Aaron A. Sargent. Amlrew Johnson, of Tennessee. Oregon-James K. Kelly and John H. 1\Iitchell. Francis Kernan, of New York. llOUR OF MEETING • .Joseph E. McDonald, of Indiana. Samuel J . R. McMillan, of Minnesota. Ou motion of Mr. ANTIIONY, it wa.s Algernon S. Paddock, of Nebraska. Ordered That the hour of the da.ily meeting of the Sentl>te, until otherwise Tlleodore F. Randolph, of New Jersey. ordered, be twelve o'clock meridian. Allen G. Thurman, of Ohio. NOTIFICATION TO TllE PRESIDENT. William A. Wallace, of Pennsylvania. William Pinkney Whyte, of Maryland. Mr. EDMUNDS. Mr. President, I offer the following resolution: As their names were called, these gentlemen c:tme forward :tnd the Re.solved, That a committee of two memb~rs be apJl?i~ted by the Vice-Pre.si.den~ .oath to support the Constitution of the Uniteq States, all4 also the to wai~ upon the .Pr sident of the United St'1>tes anti inform him that a quorum o~ \ 2 CONGRESSIONAL RECORD. MARCH 8, t.he Senate ha-s assembled, and that the Senate is ready to receive any communica- IN ·SENATE. tion he may be plea-sed to make. The resolution was considered by unanimous consent; and Messrs. MONDAY, March S, 1875. EDMUNDS and STEVENSON were appointed the committee. HENRY CooPER, a Senator from the State of Tennessee, appeared GOVER..~~ OF LOUISIANA. in his seat to-day. 1\ir. MORTON. I offer a resolution, which I ask to have read and Prayer by the Chaplain, Rev. BYRON SUXDERLAND, D. D. laid upon the table. The Journal of the proceedings of Friday lu-st was read and ap- The resolution was read as follows: proved. COmiiTTEE TO VISIT THE L.~DI.Al.'{ COUNTRY. R esolved by the Senate, That the State governmen t now existing in Louisiana, and r epresented by William P. K ellogg as governor, is the lawful government of said Mr. CL.AYTON. Mr. President, is a resolution in order f State; that it IB ~epublican in form; and t hat every assistance necessary to sustain The VICE-PRESIDENT. Resolutions will be received. its proper and lawful authority in said St.ate should be given by the United States, Mr. CLAYTON. I offer the following resolution: when properly called upon f or that purpose, to the end that the laws may be faith- fully and promptly executed, life and property protected and defended, and all R esolved, That a committee, consisting of four members of the Committee on Jn. violators of law, State or national, brought to speedy punishment for therr crimes. dian Affairs and tliree members of the Committee on Territories, making seven in all, be appointed t~ visit the Indian Territory during the recess of the Senate with The VICE-PRESIDENT. The resolution will lie upon the table authority to inquire into the condition of affairs in that country the m~er in and be printed. which justice is aillninistered, and the wants and capacities of th~ lawful inhabit · SENATOR FROM LOUISIANA. ants thereof with respect to self-government; and to report at the next session of the Senate the result of their inquiry and what legislation, if any, is needed. Mr. MORTON. I offer the following resolution, which I ask may be laid on the table for the present: I move that the resolution be printed and lie on the table. I wish to say, however, in offering this resolution, that I do not desire to be Resolved, That P. B.S. Pinchback be admitted as a Senator from the State of appointed on the committee. Louisiana for tho term of six years beginning the 4th day of M.'\rch, 1873. llfr. FERRY, of Connecticut. I object. to the reception of that res- I desire to give notice that perhaps on Monday, or at any early day olution, and I make the point of order-- next week, I shall ask the Senate to proceed to the consideration of Mr. CLAYTON. What is the Senator's objection f this resolution. Mr. FERRY, of Connecticut. That it is not in order. The VICE-PRESIDENT. The resolution will lie over. :Mr. CLAYTON. I asked the Chair if it was in order, and he said it was, and I offered it on that decision of the Chair. ADJOURNMENT TO MONDAY. The VICE-PRESIDENT. The Chair will submit the question to Mr. ANTHONY. I move, :Mr. President, that when the Senate ad- the Senate whether it be in order or not. · journs to-day it be to meet on Monday next. Mr. FERRY, of Connecticut. At the called session of the Senate Mr. HAMLIN. Mr. President, we may just as well meet to-morrow I think two years ago, the then Senator from Michigan [Mr. Chand~ and receive from the President of the United States such communi- ler] moved that the Committee on Commerce be instructed to per- cations as he may have to make to us and thus save one day. We form bertain duties in the recess, among which was one involving as shall forward the progress of the business by a whole day if we sit I remember, a visit to the Pa~ific coast and a report at the reguiar to-morrow. It is well known that there will be a necessity for a re- session. To that resolution I raised the same point of order that I or~anization of our committees, and th:tt may just as well be done do now, which was laid before the Senate, :md the point of order was this week as next. I have no disposition to hurry matters, nor have sustained. Several other resolutions of a similar character were I any disposition or desire to stay here and procrastinate a session offered at that session, to some of which the point of order was made which may just a-s well :md just as ea-sily be shortened. I hope we and some not. In every instance in which the point of order waa shall meet to-morrow. raised it waa ruled by the Senate, if I remember aright, that it was Mr. THURMAN and others. 0, no. out of order to receive such a resolution. · Mr. HAMLIN. I knew the Senator from Ohio would say that, and Mr. CLAYT.ON. Will the Senator from Connecticut please state ' I supposed that would be a very general expression all around. I his point of order T shall be very glad, however, if we can save a day, and we certainly lli. FERRY, of Connecticut. That at this called session of the can do it by meeting to-morrow. I hope we shall meet to-morrow. Senate business of a legislative character, or looking to legislation, Mr, MORRILL, of Maine. Allow me to suggest to my colleaguo cannot be entertained by the Senate. that we have had an unusual strain upon us for the last three weeks, Mr. CLAYTON. This is not, in my opinion, business of a legisla- and I hope he will not press his objection to this motion. tive character. The proposition is to raise a committee of the Senate Mr. HAMLIN. Yes, Mr. President, we have had a severe strain on for the purpose of getting information which may be laid before the our physical systems ; but I do not think the strain will be very hard Senate when it convenes again. The question of legislation will come to meet here to-morrow and receivo communications from the Presi- up when the Senate convenes again. I do not think that the propo- dent of an executive character that he may have ready for us. I do sition to make this inquiry for the information of the Senate here- not think my colleague would stagger very much under such an enor- after can be considered as coming under the rule sought to be applied mous load, and I think if he would only join with me we might save by the Senator from Connecticut. one day in the length of this session. llfr. SAULSBURY. If it is in order to make a remark now, I wish Mr. CRAGIN. It is perfectly evident that a meeting to-morrow to say that, even if this resolution were properly before the Senate, will not advance the business at all. If we receive communications the appointment of special committees to roam over this country at from the President, they can only lie on the table. The committees public expense is a matter which is seriously objected to by the people cannot be organized and announced to-morrow, certainly not before of the United States. Monday if we work as hard as it is possible to work. A meeting to- Mr. CLAYTON. I dislike very much to call the Senator from Del- morrow would simply be a loss of time. aware to order, but it seems to me a discussion-- The VICE-PRESIDENT. The question is on the motion of the The VICE-PRESIDENT. The Senator from Delaware has the Senator from Rhode Island that when the Senate adjourns it be to floor. meet on Monday next. Mr. CLAYTON. But discussion-- The motion wa-s agreed to. The VICE-PRESIDENT. The Senator from Delaware has the floor RECESS. unless he yields to the Senator from Arkansas. ~Ir. SAULSBURY. I cannot. I only wish to put in a general remark lli. MORTON. I move that the Senate do noJV adjourn. that the appointment of committees to roam over this country-- Mr. FRELINGHUYSEN. I suggest that we take a recess until we Mr. CLAYTON. Mr. President-- hear from the committee sent to wait upon the President. The VICE-PRESIDENT. Does the Senator from Delaware yield ··Mr. MORTON. I withdraw the motion. to the Senator from Arkansas T • · ~Ir. FRELINGHUYSEN. I move that the Senate take a recess un- Mr. SAULSBURY. I will yield in a moment. The appointment til one o'clock. of committees to travel over this country at the public expense is a The motion was agreed to; and (at twelve o'clock and twenty-two matter about which·the people of this country have heretofore made minutes p. m.) the Senate took a recess until one o'clock. complaint ; and unless there is special necessity for it, I hope no such The VICE-PRESIDENT again called the Senate to order at one committees will be appointed at this extra session. o'clock p. m. Mr. CLAYTON. Since the merits of this proposition are being dis- Mr. EDMUNDS. :Mr. President, the committee appointed by the cussed I hope I may be pardoned if I enter upon the same line. Senate to wait upon the President of the United States and inform In offering this resolution I stated that it was not my intention to him of the meeting of a quorum of the Senate and of its readiness to become a member of this committee. I desire to say now that I con- proceed to business, have attended to that dut y, and the President of sider there is no question before the people of this country which I'e- the United States has requested us to inform the Senate that he will quires investigation so much as this touching the management of communicate with it on Monday next. Indian affairs. If the Presiding Officer will excuse me one moment fur- Mr. CONKLING. Unless some Senator has business to suggest, I ther, I beg to suggest that the discussion of the merits of this ques- move that the Senate do now adjourn. · tion can very properly be raised when the resolution is called up. The motion was agreed to; and (at one o'clock and one minute p.m.) Of course it will then be for Senators to say whether it is wise or un- the Senate adjourneu. wise to create such a committee. I shall not, therefore, go any further - 1875. CONGRESSIONAL RECORD. 3 into that view of the question now. I hope the resolution may be the Legislature in joint convention, assembled in accordance With allowed to lie on the table, and it seems to me it certainly can do no the constitution, to be the governor of the State and was then and harm to have it c'llled up at some future tinie and discussed and there inaugurated into that office. acted upon. Afterward, on the second Tuesday after the convening of the The VICE-PRESIDENT. The Senator from Connecticut raises a Legislature in re~nlar ses ion, the specia.l session having terminated, point of order on the reception of the resolution. The Chair submits Pinchback was elected a member of the Senate of the United States that question to the Senate to be determined, because the Senate ought for the term commencing on the 4th of March, 1873. The governor to determine its own business. This question as a practical question of the State certified to his election. That certificate wa.s in the haa been a~ted on both ways. usual form such as we have all presented here, declaring that at a ~!r. EDMUNDS. It is a pr:wtical question and an important ono, certain time he was duly elected in accordance with the act of Con- :and I move that the subject be postponed until to-morrow, so that we gress by the Legislature of Louisiana; and the first question which may look into the precedents a~d see what the Senate has been accus- I present to the consideration of the Senate is, What are the rights tomed to do. of Pincbback under that certificate of election now upon the ta.ble The VICE-PRESIDENT. The Senat.or from Ven:p.ont moves that of t he Senate 1 . the question of order be postponed until to-morrow. Assuming, as I now shall for the sake of the argument, that Kel- Mr. CLAYTON. That will do. That will leave the resolution still logg then was, as he now is, the lawful governor of Louisiana, my before the Senate. · first proposition is that he has a p1'ima f'LCicl case, a p1'ima facie title to The motion to postpone waa agreed to. a seat in this body, which entitles him to. be sworn in, and that if there be objections as to the mode of his election, as to the character of COLUMBIAN L~STITUTE FOR THE DEAF Al\'l> DU:rt'IB. the body by which he was elected, or as to his conduct in connection The VICE-PRESIDENT appointed Mr. EDMIDIDS a director in the with that election, those objections are to be considered after he Columbian Institute for the Deaf and Dumb for two years from March takes his seat, and that in !lccordance with the usages of the Senate, 4, 1875. the doctl'ine I believe applicable to the admission of members in both PAPERS WITHDRAWN. Houses, these questions of contest should not be tried until after the On motion of Mr. CLAYTON, it was Senate has obtained jurisdiction of the case by his admission as a Ordered, That Joshua. Hill have leave w ''ithdmw his P.etition and papers from member of this body. th.e files of the Senate. I may state here that the general rulo bas been in the House of SENATOR FROM LOUISIANA. Representatives, and I know of no exception to it, that the person presenting to the House the certificate of election issued by the gov- Mr. MORTON. Mr. President, I move that the Senate proceed to ernor of a State in accordance with the act of Congress, has a p1·i1na the consideration of the resolution in regard to the admission of Mr. facie title to take a. seat in that body; and so far as I know there is Pincbback1 which I submitted on Friday la.st. no except ion to that rule in the House; and if the right of the person The motiOn was agreed to; and the ~enate proceeded to consider having the certificate of tbe governor to take his seat in the House of the following resolution: Representatives is questioned, either because of his own conduct in Resolved, That l'. B.S. Pinchback be admitted ns a Senawr from the State of regard to the election, as bribery or corruption, or because illegal votes Louisiana for the term of six years beginning the 4th da.y of March, 1873. have been received or lawful votes have been excluded, or because of Mr. MORTON. Mr. President, as chairman of the Committee on a failure to make proper returns by the r eturning officers, if his seat Privileges and Elections! I have been brought in contact with the is contested upon any o:L upon all of these grounds, such contest must Louisiana question, as it IS called, from ·tbe time of its first inception be prosecuted after the member holding the certificate bas taken his in the winter of 1872-'73; and as the chairman of that committee, to seat. This, I believe, has been the doctrine received in the House which all questions of contests in this body are referred, it is made from the time of the first organization of the Government. It is my duty to present to the Senate the question with regard to the equally applicable in the Senate, that the person claiming a seat in admission of Mr. Pincbback as a. member of this body. So far as I this body who holds that form of ovidence of his election 1s entitled am personaUy concerned, it affords me no pleasure to again advert to to be admitted to his seat and questions of contest must be made the Louisiana question on this floor. It bas been here for some time, afterward. has often and thoroughly been discussed, and it is one of which per- There bas b een one difference, however, between the House and haps most of us are tired; and I should be quite willing to have this the Senate in this particular; for until1866 there had been no act of vote taken without saying a word, but for the fact t.hat there are a Congress prescribing what should be the evidence to a seat in this number of new Senators upon the floor who, while they must have a. body. In 1866 Congress pa-ssed an act regulating the election of mem- general knowledge of this question! yet perhaps n.re not so familiar bers to the Senate, and the third section of that act reads as follows: with it as older members of this body, who have engaged in the dis- That it shall be the dnty of the governor of the State from which any Senawr cussion heretofore or who have beard the question discussed. shall have been chosen as aforesaia to certify his election, under the seal of the I therefore feel it my duty, Mr. President, as briefly as I can and in State, to the President of the Senate of the United States, which certificate shall as general a. way aa I can, to present the grounds upon which the be countersigned by the secretary of state of the St'lte. committee of the former Congress reported in favor of seating Mr. That a~t was passed in 1866. It waa the first statute prescribing Pinchback, and to state the general arguments in his favor and the what should be the evidence of a title to a seat in this body. But law more particularly upon which his claim rests. from the very nature of the Government and from the nature of the I do not deem myself called upon at this stage of the discussion to relations which the States sustain to the Government of the United enter into any particular consideration of the facts attending the States it ha-s been held from the very beginning that the certificate election in Louisiana in 1872. I shall refer to the existing condition of the governor of a State wa.s the proper evidence of title to a seat of affairs in that State and endeavor to apply the principles of law upon this floor, and such certificate in the absence of any provision which I think govern the ca-se. But a little recitation of the recent by Congress has always been held to create a prima facie title to the history of the State government of Louisiana may be necessary in seat. I will refer to a very few cases in which this doctrine has been order to understand the application of some of these principles. enforced by the Senate of the United States; and the first case to In 1871 Lieutenant- Governor Dunn, of Louisiana, died. At the which I C'1ll attention is that of the Senator from Alabama, [Mr. SPEN · next session of the Legi8lature P. B.S. Pinchback, a member of th.tt CER,] fresh in the recollection of many Senators now around me. body, was elected president of the senate. By operation of law, by When Mr. SPENCER p1;esonted his credentials and went forward to be virtue of the provisions of the State constitution, t.his election of sworn in objection waa made that he was not elected by the Legis- Pinchback as president of the senate made him the lieutenant-gov- lature of Alabama. A memorial was presented here, claiming to be ernor of the State, and he held th'lt office without regard to the time signed by the president of the senate and the speaker of the house when his tetm of office as a senator would expire. This was the of representatives and numerous other persons in Alabama, showing necessary construct ion of the constitution of Louisiana as afterward that Dr. Sykes had been elected by the Legislature; and the admis- declared by t.he supreme court of that State. sion of Mr. SPENCER was r esisted upon that ground, and a motion was In the month of December, 1872, after the election of that year, made to refer the credentials of Mr. SPENCER and the memorial of Dr. Governor W a.rmoth convened the new Legislature in extra session to Sykes to the Committee on Privileges and Elections, and that until meet at the capitol on the 12th of December. The Legislatme thus that committee made its report neither party should be admitted. convened was the Legislature elected in November, 1872, the Legis- The claim was t hat there were two Legislatures or pretended Legis- lature which subsequently elected Pinchback as a member of this btures of the State of Alabama, one called the capitol legislature, body. When that Legislature convened, the house of representatives and. the other the court-house legislature; that the court-house under the constitution of the State preferredarticlesofimpe::whment legislature had elected ~h·. SPENCER and the capitollegislatur~ had agrinst Governor "Warmoth which were duly presented to the senate elected Dr. Sykes. The right of Mr. SPENCER to be admitted as a of the State. By virtue of the constitution and laws uf the State, member of this body was urged upon the usage of the Senate from the presentation of articles of impeachment to the senate by the the foundation of the Government, with perhaps one exception, which bouse had the effect to suspend the g~vernor from the exercise of his will be hereafter adverted to. Here was a cas.e wbe1·e the governm.· office, and the president of the senate, Pinchback, the lieutenant- was not in dispute; I concede tb.a.t; but where the ~egislature was, governor of the State, became ex officio the acting governor of Lou- there being two bodies of men each claiming to be the Legislature of isiana. Alabama, in ses ion at the same time, and making an election of Sena: Afterward, on th.e first Monday of January, 1873, Kellogg, who had tor upon the same day. B.u.t it was urged that.Mr. SPENCER, holding I~ been declared elected by the returning board of the State, a board the certificate. of the govern•r, which declared that he was elected by created by the laws of the State to count the votes, was declared by the Legisl~to.re of Ala.b~Jna~ hac\ a right t-o ta;k~ ~ Qeot1 and that th . , ' 4 CONGRESSIONAL RECORD. MARCH 8, ,.. question as to which body was the Legislature of Alabama must be That was the distinction then made, the distinction that was made tried and determined afterward. After very lengthy and elaborate in the case of ~fr. Thomas, of Maryland, about which something will discussion in this body, it was decideO. that :rtfr. SPENCER, holding the be said hereafter. So much with re~ard to the Goldthwaite case. certificate, had a prim,a facie title, was entitled to be immediately I might refer to very many cases m which this question bas been sworn in, and that the question as to which was the real I .. egislature of raised to show the uniform understanding of the S nate during a Alabama must be examined and decided afterwa;rd. I will refer to long series of years, but it is ha;rdly necessary. I will, however, re- · extracts from two or three speeches on the occa ion, ·which fairly show fer to theca e of General Shields, decided by this body in 1849. Gen- the spirit of the debate and the ground on which :rtfr. SPENCER wa-s eral Shields had been elected a member of the Senate for the term of admitted. I read an extmct first from the remarks of ftfr. Bucking- six years by the Legislature of Illinois. When he presented hims If ham, Senator from Connecticut, now deceased : to be qualified to take the seat objection was made on the ground Mr. President, I am under the impression that it has b een th e practice of this that he was not eligible under the Constitution of the United States, body to admit members who have bl'Ought testimonials which, upon their faoe, gave becaru;e he had not been a citizen of the United States for nine years. evidence that they were elected to seats h ere. I know of only one instance in It was well tmderstood by perhaps every member of the Senate at which an exception has been made to that rule; and it seems to me it would b e verJ difficult for us to organize and continue this body unless we adopt that rule that time that General Shields wa not eligible; that he had not been and are governed by that principle. For instance, every second year twenty-four nine years a citizen of the United States. In fact he did not pretend members of this body are re-elected or twenty-four ~o out and 'their places are p ersonally that he had been, but the question came up under the cer- filled by other men. Now if any man is to oe pernutted to come and present a tificate. Tbe governor of illinois had certified to his election in the petition for the places of these twenty-four m en , and if we are,_ i;n consequence of that petition, to delay action lllltil we can settle all questions wnicb are connected usunl form, as it was insisted; and although there was no dispute with them, we may be a long time organized with a body of only two-thirds of the about the fact and although the objection wa-s one of 'the highest members which the law allows us to have. character, that is a want of qualification under the Constitution, it Mr. Boreman, of West Virginia, in the course of the same debate, was insisted that the question could not be raised even upon his own said: admission until aft.er be had been sworn and taken his seat. :rtfr. The practice of this body, and, if I may refer to it, I believe the practice in the Dou~las, of Illinois, who presented the credentials and moved his other end of the Capitol, has been that when a gentleman presents himself with adnn sion said : credentials in the usual form, with the proper certificate, with everything that It appears from the cr dentials now on your table that Jame Shield was elected goes to show that he is :properly elected, he shall be sworn in ; and then, if others a Senator of the nited States by t he Legi!!lature of Illinoi for six years from the want to contest his election, they present their papers and the case is then referred 4th instant. His 'Credentials are m due form, and therefore those cred ntials entitle to a committee for investigation. But in thjs instance Mr. SPE.'lCER ~mes here him to a seat in thls body. lie stands in precisely the same position in which other with the proper document, propE'rly authenticated, showing that be is properly Senators stood w-ho were vesterday admitted t.o seats; and if there is any object.ion elected, and it is our business to qualify him, and then he is a member of this body on the round of ineligibility, it must arise after he has been sworn and has taken until he is ousted by the r eport of a. committee and tho judgment of the Senate his sea This body bas no jurisiliction over him or this matter until he has been upon the report of that committee. admitted to his seat as one of its m m bers, for then alone can the question of eligi- Mr. SPENCER was afterward sworn in. The question of a contest bility arise. At present he has a right to a. seat her , and to a vote on any ques- r as to which was the lawful Legislature of Alabama was tried, and after a long investigation decided in favor of that body by which tion that may arise until tl1e S nate sl:tall adjudge him ineligible. In a suming this ground, I am justified by the uniform precedents, so far as I have examined them. Mr. SPENCER ha-d been elected. Mr. Dougla-s went on in a lengthy statement to the same effect, I now take up the question a;rising under the proposit ion to admit in which be argued the question very fully. I will not take the time lfr. GOLDTHWAITE, the other Senator from Alabama, which occurred of the Senate to re'ld all his rema;rk:s, but I will read this further in 1871. When Mr. GOLDTHWAITE's credentials were presented here, extract: a memorial was presented, -as in the Spencer case, alleging that :rtfr. I do not say that General Shields is eligible to a. seat on this floor-- GOLDTHWAITE had not been properly elected, because there were Mr. Douglas knew he was not- persons sitting in thth; anll that the withdraw my resolution. Committee on Privileges and Elections proceed h ereafter to consider the grounds He himself had first offered the re olution to inve tigate before on which his right to a seat is contested, a.nd hereafter make report to the Senate thereon. a-dmission. Then spoke Mr. Turney, a. distinguished member of the Upon that report the Senator from Ohio, [Mr. THUIDIA..~,] a mem- Senate at that time : ber of the committee, made the following remarks: Mr. TURNEY. I insist that a p-rima facie case is presented which entitles the So far as GoLDTHWAITE was concerned that report was unanimous on the part of claimant to a seat; and it is not in t he power of any one to exclude him from the the committee, as appears by the report itself, a copy of which I hold in my hand. enjoyment of his right. Why, if . this wer~ so, one member by an objection could It went upon the ground, which has been observed ever since this Government was yesterday have excluded one-third of t his body; for yesterday one-third of the formed, that the certificate of election of a Senator was prima facie evidence of his seats here w ere vacant, and they were filled by gentlemen on the presentation of right to a seat a.nd sufficient until it was overthrown; that b e was entitled on that just· ncb credentials. It cannot be done, sir. ~ insist tha.t General Shields is :p_rintajacie case to his seat in the body, and if any one said he was not entitled to entitled to his seat, and if any constitutioml question sh.-ill arise the Senate may 1t the contestant was bound to overthrow that prima facie case by sufficient charges then inquire as to his eligibility to rema.in. here. aud sufficient testimony, but that in the mean time the Senator was entitled to his And now I want to make a remark in regard to the reason of the seat on his pri1najacie case. Th ere was not, and there is not, as I had occasion to observe thent :_~ofter a most rule a-s presented by Mr. Turney. It is indispensable to the integrity careful examination of aJl the precedents, a single case in the whole nistory of this of the body ·that it shall be the rule that a member presenting the Government in which that rule has been departed from. proper credentials shall be admitted to a seat; for, as stated by him Mr. THURMAN. Will the Senator allow me to say a word in and as stated by Senator Buckingham in the Spencer case, if it were respect to that quotation . otherwise objections might exclude one-third of thG members of this Mr. MORTON. I prefer to get through what I have to say. In the body, and in a case where parties are closely divided and where the course of the discussion that morning as chairman of the committee, party having the numerical majority may be anxious to keep it they I submitted a few remarks which I will quote simply to show the can by objections exclude new applicants and thus retain their numer- view that I then took and that I now take of the other question ical supremacy in the body. They cannot, as has been objected in involved in the Goldthwaite case. I said: the Pinchback case, as wa.s objected in the Goldthwaite ca e, exclude Tbe committee reported the case as a prima jude case, for the action of the Senate, applicants from year to year, and perhaps the complexion of the body for him to take his eat until the question was decided. I know of nothing having may depend on that. Therefore the in tegrity of this body requires been presented to the Senate since, and I believe nothing has been presented to the that thexe shall be an inflexible rule that wlleu the applicant presents committee. My own views were these: that so far as the question of election of his credentials in due form he shall be admitted, that the organiza- members of the Legislature by fraud was concerned, that was a. matter to be de- termined by the Legislature itself, and that we could not go behind its decision tion of the Senate shall be completed, that it shall not be in the power upon· the question. .A.s to whether a. member had been allowed to take his seat of a party by factions objections to delay the organization of the without having had a certificate of election and without having received a major- Senate, and that all questions of contest are to be examined afterward. i~ of the votes ca t, that was also a question to be determined by the Legislature and we could not go behind its decision. As to the question whether members of lli. BAYARD. Shall I interrupt the Senator from Indiana if I ask the Legislature were under disabilities imposed by the Constitution of the United him a question 7 I appreciate the danger of permitting a mere ma- States, I held that that w~-s a inquire into. jority-- '·, J 1875. CONGRESSIONAL RECORD. 5 :Mr. MORTON. I prefer, if my friend will · allow me, to conclude dealings with that government and must be so received by the Pres- my remarks. ident of the United States. The Constitution provides that- 1\Ir. BAYARD. Very well. The United States shall guarantee to every State in this Union a republican form Mr. MORTON. I will rea,d further from the debate in the Shields of government, and shall protect each of them against invasion, and * * * ca.se. Mr. Badger, who was a distinguished member of this body, against domestic violence. · said: It has been held that that meanB that Congress shall do it; that I ima!!ine th:tt there is very little difference of opinion among Senators as to the by "the United States" is meant "Congress;" that it is not meant the right of General Shields to be sworn in at the present time as a member of this Senate a~ting separately or the House acting separately, but it is body. In the absence of any precedents to the contrary, it seems to me perfectly meant that Congress, the joint convention of both bodie , shall guar- clear that General Shields, having presented to the Senate his credentials, showing in proper form his election to a seat in this body, is entitleof State sovereignty, That it is now established, bey·md all reasonable doubt, that. precedent sustains as is well understood ; I have repudiated that doctrine; but I am an fully the motion of the Senator from lliinohl; that that motion is grounded firmly advocate of the doctrine of State rights as recognized and established and irresistibly upon parliamentary us'\ge. And I cannot perceive anything in by the Constitution of the United States. My proposition is that it the circumstances of this case whic'h should constitute an exception to a geneml is the right of a State through her own tribunals, established for that rule which I think b'l.s been fully established. purpose, to determine all questions a.rising exclusively under State Then Geneml Shields was sworn in. After that the investigation laws, and that the determin::ttion of her highest courts is binding was made, he was found to be ineligible, :IDd was expelled from the upon the Government of the United States in its dealin!!"S with that Senate. State; th::tt the courts of the United States must accept the decisions There is another case to which I will refer ante:rior to the Shields of the courts of a State as final and conclusive; and that the Cou- case. I refer to the case·of Potter vs. Robbins, from Rhode Island, in gres of the United States, eachHonse, or the executive department 1 33. That case was very peculiar, aud presents the strongest view in its separa.te dealings, must accept such determination unle s Con- of this question that can arise. In that case the Legislature of Rhode gres , as such, sh::tll determine otherwise. This doctrine was laid down Island, acting under the charter, which was but an imperfect consti- in theca e of Luther vs. Borden, a case vecy familiar to all members tution, and the constitut~on of Rhode Isln.nd bein~ in part unwritten, of this body, in the strongest terms. I will ask the Clerk, to save the Legislature of Rhode Island by a joint resolution extended the . me from too much f:ttigue, to read from the opinion of Chief Jn tice term of the existing governor of the State for one year, the lieuten- Taney in the ca. e of Luther vs. Borden, commencing at the cross on ant-governor for one year, and the members of the senate for one page 40 down to the cross on page 41. year. As the law then stood the terms of the senator would expire The Chief Clerk read a-s follows: at the encl of the session of 1 31. AB to the power of the Lell be governor; in case of vac:mcy judge to take the bail. in the office of lieutena.nt-governor, the senate shall elect a president, who shall be The Chief Clerk read as follows: lieutenant-governor." (Pa~e 142.) The law does J.l.Ot s~y durmg his senatoria-l term, but that he "shaH be lieutenant· They do not hold office by virtue of any title havinu color of authority They governor." If the governor had died or resigned the day after, the lieutenant-gov- claim to have been elected at the general election of NOvember, 1872. Th~y never ernor would have become governor. Can it oe pretended that under those circum- were declared elected by the board of returning officers, neither have they been stances the office of governor would have become vacant by the expiration of the commissioned. The documents called commissions, purportin"' to have been 1ssued time for which P. B.S. Pinchback had been electedasenator1 'Vethink not. He by ~vernor .Wapno~h on the 4th of ~ecember, 1872, ~re absoi'nte nullities, having was lieutenant-governor when Governor Warmoth was impeached by the houso of been 1ssued m VIolation of law. This we had occas10n to decide in the ca-se of representatives. During his impeachment the governor was suspended and the §.~~o~fea~~lock, and in other cases decided at the last term of this court at "powers and duties of the office uevolved upon the lieutenn.nt-"'ovcruor. 1• (Uonsti- tution of Louisiana, article 53.) " We wilt notice, judicially, that no one claiming an office by election in Novem- Lo;;;,~a!~i senate which confirmed P. H. Morgan tho seuato of the State of ber, 1872, coulcl have been commissioned except by Acting Governor Pinchback or !>Y Governor Kellogg, inasmuch as Gaduock, 'Rn.n- The Committee ou "' avalAffairs shall consist of seven members, to wit: Me srs. dolph Robertson, 'argent, Saul::;bury, Sherman, Spencer, Stevenson, Thurm:1n, Cragin, (chairman,) Anthony, Morrill of Maine, Sargent, Conover, Norwood, a.nd WaJ.l~e West, Whyte, Wimlom, Withers, and Wri~. e, Jones of vada, Edmunus, (cha.irman,) Conkling, Frelingbuysen, Wright., Howe, Thurman, and Monid of Maine, Morton, Ogle lJy, Patterson, Ra.lli!om, :1nd Wadleigll-18. Stevenson. So the motion wa agr eu to; and the Secretary appointed Me rs. Th Committee on Po t-Offices and Post-Roads shall consist of nine m mber , to wit: Mes«rs. Hamlin, (chairman,) Ferry of Michigan, Dorsey, Jones of Neva-da, A...~THOXY and McCREERY as tellers of tbe election. Dawe , Paduock, Saulsbury, Johnson of Tennessee, and Maxey. Mr. ANTHONY. 1\lr. Seer tary, I nominate .M r. FERRY, of Mich- The Co=ittee on Public Lands . ball consist of nine members, to wit: Mes rs. igan. Oglesby, (chairman ) Windom, Harvey, Boutwell, Paddock, :Booth, Kelly, Mc- Mr. STEVEN ON. Mr. Secretary, I nominate the enator from Donald, and Jon of Florida. The Committee on Private L:1nd Claims shall consist of five members, to wit: Ohio, [ ir. TaumuN.] Messrs. Thurman, (chairman,) Bayard, Bogy, Ferry of Connecticut, and Allison. The SECRETARY. S nators have b eard the nominations. Senators The Committee on Inllian .A.flhlrs shall consist of seven member , to wit: will please pr pare their ballot , anu the Sergeant-at-Arms will collect Mes rs. Alii on, (chairman,) Oglesby, Morrill of Maine, Ingalls, Clayton, Bogy, the ballots after they are preparecl. and McCre ry. · The Committee on P ensions shall con ist of seven members, to wit : Me srs. The ballots having beeu deposited, were collected and canvassed Ingalls, (chairman) Allison, Hamilton, llooth, :Bruce, McDonald, and Withers. . by the tellers. The Committee on R evolutionary Claim>~ shall collilist of five membm:~ 1 to Wlt: Before the result was announced, Messrs. Stevellilon, (chairman,) Johnston of Virginia, Goldthwaite, Morrill of Ver- Mr. RAN OM. I de. iro to vote. I was out when the ballot w13re mont, and Wright. The Committee on Claims shall consist of nine members, to wit: Messrs. Wright, being cast. (chairman,) Mitchell, Wadleigh, Christiancy, McMillan, Cameron of Wisconsin, Tho SECRETARY. The Senator from North Carolina will send his Caperton, Cockrell, and J one of Florida. ballot to the uesk, if there is no objection to this proceeding. The Committee on the Di tiict of Columbia shall consist of even members, to ~ir. SHER~IAN. There is no objection, I think. wit: Messrs. Spencer, (chairman,) Hitchcock, Dorsey, Ingalls, Robertson, Merri- mon, and Eaton. Mr. EDMUNDS. 0£ course there cannot be any objection. The The Committee on Patents shall con istof five members, to wit: Messrs. Ferry Senator ha a right to cast his ballot. of Connecticut, (chairman,) Winuom, Dawes, Johnston of Virginia., anuKernan. Mr. RAN OM deposited hi ballot. The Committe-e on Public Buildings and Grounds shall consist of five memb rs, to wit: Mes rs. Morrill of Vermont, (chairman,) Cameron of Pennsylvania, Pall- Mr. BOUTWELL and .Mr. DAWES also presenteen elected by the only Le~islaturecannot be convened, against domestic violence; and whereas it is pro- and the lawful Legislature of Louisiana, by the power that makes vined in the laws of the United States that in all cases of insurrection in any State laws for the State of Louisiana, according to the definition in the case or of obstruction to tile laws thereof, it shall be lawful for the President of the Uniteu States, on application of the Legislature of such State, or of the executive of Potter vs. Robbins. when the Legislature cannot be convened, t{) call forth the militia of any other State Now, Mr. President, I pass from that to the question of the recog- or States, or w employ such part of the land and naval forces as shall be judged nec- nition of the Kellogg government. by the Government of the United essary for the purpose of suppressing such insuiTection, or causing the laws to be States, and to inquire what are the effects, the consequences resulting tluly executed ; a:nd whereas the Legislature of said State is not now in session, aucl cannot be convened in time to meet the present emergency, and the executive of from that recognition first by the President and then by the other swd State, under section 4 of article 4 of the Constitution of the United States and departments of the Government. the laws passed in pursuance thereof, has therefore made application to me for The President of the United States has formally reco!!Ilized the such part of the military force of the United States as may be necessary and ade- Kellogg government, first recognizing the Legisln,ture. Some seem quate to protect sa:id State and the citizens thereof against domestic violence, and to enforce the execution of the laws; and whereas it LS required that whenever it to have the understanding that the President only recognized Kel- may be necessary in the judgment of the President to use the military force for the logg; but the fact is that the :first repognition was given to the purpose aforesaid he shall forthwith, by proclamation, command such insurgents Legislature and the recognition extends to the whole government, to to disperse and retire peaceably to their respective homes within a limited time: Now, therefore, I, Ulysses S. Grant, President of the United States, do hereby the Legislature first and to Kellogg afterward. By a reference to m;1ke proclamation, and command such turbulent and disorderly persons to· dis; the history of this transaction, it will be found that Governor W n,r- perse and retire peaceably to their respective abodes within twenty days from this moth convened the Legislature that elected Pincbba.ck in extra uate, and hereafter to submit themselves to the laws and constituted authorities of session on the 6th day of December, 1872; that on that day that Leg- said State; and I invoke the aid and co-operation of all good citizens thereof to uphold the laws and preserre the public peace. islature passed a resolution invoking the protection of the President In witness whereof I have hereunto set my hand and caused the seal of the of the United States, which I will read: United States to be affixed. NEW ORLEANS, December 9, 1872. Done at the cit.y of Washin~n this 22d day of May, in the year of our Lord 1873, and of the Independenceo1 the United States the ninety-seventh. We have the honor to transmit to your excellency the following concurrent resolution of both houses of the General Assembly and to request an early reply: I - . u. s. GRANT. By the President : Whereas the General Assembly is now convened in compliance with a mill of the J. C. BANCROI!T DAVIS, governor, and cert:tin evil-disposed persons are reported to be forming combina- Acting Secretary of State. tions t.o disturb the public peaco, defy the lawful authority, and the State is threatened with violence : Therefore, Mr. MORTON. In three messages sent to Congress since that time Be it resolved by the se:nate and house of represe11 tatives of the State of Louisiana in General A.sse?nbly convened, That the President of the United States be requested to the President of the United States ha.s formally recognized the Kel- afford theprotectiongnaranteed each State by the Constitution of the United States logg government, not simply Kellogg himself but what is known as when threatened with domestic violence, and tbat the presiding officers of the Gen· the Kellogg government, which embraces all its departments. I need eral Assembly transmit this resolution immediately, by telegraph or otherwise, to not read the extracts from those messages, because ·you are familiar the President of the United States. Adopted in General Assembly convened this 9th day of December, A. D. 1872. with them. Lately there was a committee sent to Louisiana to tako P. D. S. PINCKBACK, testimony by the House of Representatives, and I read from the re- Lieutenant Governor, and President of the Senate. port made by Mr. HoAR, !fr. WHEELER, and J\Ir. FRYE, of that com- CHAS. W. LOWELL, mittee, certain extracts in regard to the character of that govern- Speaker of the Houae of Representative.s. ment: Thus it appears that before Kellogg became the governor this The first need of Louisiana is to know who should be treated as the lawful gov- ernor until the end of the term which will expire in 1876. It has been suggested Legislature invited the protection of the Government of the United that there should be a new election under the authority of Congress. This is not States. Now I call the attention of the Senate to the response on desired, so far as we learn, by any considarable number of persons in Louisiana. the part of the President to that resolution. On the 12th of Decem- Its legality i~ doubtfuL The authority of the person chosen would be denied quite ber, three days afterward, the Attorney-General by the authority as strenuously as that of Governor kellogg. Without the presence of United States troops we do not believe a fair electiOn could be had. In the/resence of of the President sent the following dispatch to Acting Governor troops we believe the democrats would refuse to take part. It woul be a great Pinchback: calamity to Louisiana to excite at this time the violence and bitterness which an DEPARTMEi'iT OF JUSTICE, December 12, 1872. election contest would kindle. A government so elected would be in substance Acting Governor PINCHBACK, only a provisional government. The only alternative seems to be to recognize one New Orleans, LO'Uisiana: or the other of the claimants to the office of governor. Let it be understood that you ar~ recognized by the President as the lawful executive Kellogg is now in fact in office. The President has recognized him, and states to of Louisiana, and that the body assembled at Me.:lumics' Ir.stituteis the lawful Legis- Congress that from the best information he can obtain he believes him to have been lature of the State, and it is suggested that yon make proclamation to that effect, and elected. The K ellogg government is a fact; its legality is sustained by the judicial also that all necessary 'l.ssistance will be given to you and the Legislature herein tribunals of the State; it is in active operation in all its"departments. Under it recognized to protect the State from disorder and violence. the late State election has been held, and on its certificates must depend, prima facie, the right to their seats of the Representatives chosen from Louisiana for the GEO. H. WILLIAMS, next Congress. The McEnery government exists only on paper. Us recognition A.ttorney-Ge?leral. would create the most perplexing questions as to the legality of all public proceed- So that the first recognition was of the lawful character of that ings ha.d in Louisiana for two years past. The recognition of Kellogg by the House Legislature. Proceeding further we find that on the 13th of De- will give peace and quiet t{) Louisiana until the next election. cember the Attorney-General bythe authority of the President sent Then, on the next page, among the recommendations of the com- the following dispatch to John McEnery : mittee are: DEPARTME.1.~ OF JUSTICE, December 13,1872. Sh:th. While we believe Governor Kellogg to have received a majority of the Ron. JOHN McENERY, votes in 1872, and while we believe there was violence and fraud which frustrated New Orleans, Louisiana: the will of the people in many parishes in 1874, the illegal order of ;Judge Durell, Y O'Ur vis-it with a hundred citizens wiU bB unavailing so jar as the President is con- and the illegal conduct of the r etlirning board in attempting to cure one wrong by cerned. His decision is made and will not be changed; and the sooner it is acquiesced another, naturally inflamed the popular discontent ::md lent plausibility to the com· in the sooner good order and peace will be restored. plaints. GEO. H. WILLIAMS, * * * Tenth. It is the duty of Congress to use such powers as are vested in it by the A.ttorney-Geileral. Constitution. It sboufd recogruze the lawful governor of Louisiana by express Again, on the next day, the following dispatch was sent to the resolution. We think WilliariJ. Pitt Kellogg the choice of a majority of the voters commanding officer in the city of New Orleans: of Louisiana, and that he should be recognized accordingly. It should proviuo further safe~tUartls for holding elections and ascertaining the result, if any can b~ WASHINGTON, December 14, 1872. devised. General W. H. EMORY, U. S. A., Commanding New Orleans, Louisiana: I will now read the following resolution of the House of Repre- You may use all necessary force to preserve the pea-ce, and will recognize the au- sentatives adopted week before last recognizing Kellogg as the law- thority of Governor Pinch back. ful governor of Louisiana : By order of the President: E D TOWNSEND Whereas both branches of the Le~slatureof Louisiana have requested the special • • ..1~ ta t-G ' lcommittee of this House to invest1gate the circumstances attending the election u n and returns thereof, in that State, for the year 1874; and whereas saitl committee enera · Here we have the complete and fl1li recognition of the Legisla- have unanimously reported that the returning board of that State in canvassing ture. Kellogg was inaugurated on the second Monday in January; and compiling said returns and promulgating the result wrongfully applied an an d on t.ue :..u o·f May ..... '· 2·>-~ ne :fin d the p resl'den t lSSumg · · a proc1amat'lOll erroneous rule of law, by reason whereof persons were awarded seats in the house of representatives to which they were not entitled and persons entitled to seats recognizing the Kellogg governmel\t as an entirety, which I will ask were deprived of them: the Secretar.v to read. , Resolved. That it is recommenclfld to the bouse of representatives to ta.k e immo- 1875. CONGRESSIONAL RECORD. 11 dia.te steps to remedy such injustice and place all persons rightfully entitled to which we are speaking, it is a case of domestic violence, and one of the parties them in their seats. must be in insurrection against the lawful government. And the President must, Resolved, That Wil~iam Pitt Kellogg be re<;ognized as the governor of the State of necessity, decide which is the govm:nment and which party is unla.wfully arrayed of Louisiana until the end of the term of office fixed by the constitution of that against it before he can perform the duty imposed upon him by the act of Congre s. State. Not by the Constitution. It does notgiveto him thatpower as the Now, Mr. President, I call the attention of the Senate to the Executive, but it gives it to him from the act of Congress. effect of the recofCts to organize, its legality would not be impaired because it was pro- appear, and there is nothing sa,id or done in a legn.l way to contro- tected against the mob by the irregular interference of Federal au- ve~t them, or to deny t:tte truth of the certificate and put its validity thorities. I put it upon the strongest ground for the oppo ition, that at lSSue, then the applicant would have what is commonly called a Judge Dmell's interference was unlawful, still if the KellQgg gov- p1'im1Jfacie ca e, and then too his ca. e woultl be like those which t.he ernment had the right to meet and to organize his interfereru:e to Senator from India.na has cited aml commentecl i1pon so much at protect it would not make that organization illeO'al. . length. The question comes·· back to this after all: Had the Kellogg gov- But, sir, a prirna facie case is only such a one so lonO' a tho bets ernment a right to organize f How are we to settle that f Settle it stat~ remain unqu~ tir; that the seal which purported to be the seal of that State was not the seal; Each House shall be the judge of the elections, returns, and qualifications of its own members, and a majority of roch shall constitute a quorum to do business. that the per on purporting to countersign the credentials as secretary of state was not the secretary of state. The whole was denied. It So that the Constitution in terms gives the Senate the power to was further contended and seriously, not only in the Senate but insiiltute all necessary examinations and inquiries in order to detel·- throughout the country, that the Legislature, that the governor, and mine the right of any one making application to be admitted here. all the officers purllorting to act in harmony with them except some In view of the dignity of the Senate, it.s importance, the vast in- of the judges of the sup1·eme court, were usurpers, and that they had terests involved, does it not occur to the mind of auy reasonable no authority in law whatsoever. That was suggested not only by one person that the Senate would not be true to itself or to its duty or Senator, btlt by ma.ny on both sides of this body. This suggestion to the country if it allowed any one whose right was questioned to was duly m:tde when the applicant asked to be admitted on the come here, be seated, and vote upon the gravest questions that could 4th of March, 1873. Upon that suggestion the issue was made up as arise, affecting the whole country, before the question of right should thoroughly and completely as an issue ever was made up in a court be determined~ It seems to me that it would not only be unreason- of law in the world in any case pending before it. The form of the able and unlawful, but monstrous and criminal in itself. Let us take issue was not drawn out with technical precision as in the ordinary the case of this very applicant to illustrate how such a practice courts of law, but this was not necessary; indeed the praciilce of would operate: It is now two years since it was insisted that he h.:.td the Senate has always been a-s in this case in putting the case at issue. a right to a seat here. If he was entitled to be admitted on a prima facie Then the case took its regular comse; it was referred to the Commit- case, he ought to have been admitted forthwith on the presentation of tee on Privileges and Elections. That committee took the case into his credentials on the 4th of March, 1873. Suppose he had then been solemn consideration, and for weeks and weeks, I believe for two admitted, he would have vot.ed upon the vital questions that have months, the committee pot only considered of the form of the creden- been decided since that time. He would have vot.ed upon the ques- · tials, but it considered of the whole merits of the case; they took tions of finance, upon the question of ci vii rights; he might have testimony which covers, I believe, about eleven hundred pages of a voted upon the question of the force bill; he might have voted on book; they made an elaborate report, examining all the questions of other momentous questions, and his vote might have been the turning law and fact connected with the case. So that it appears in this very vote that would have involved the salvation of the country; mi&~t case that the Senate treated the case as one requiring the ordinary have precipitated the country in civil war ; and then after all tnis legal course to be pursued before the Senate would determine to in the end it might have turned out that he was not entitled to sit admit the claimant at all. here at all. But it is said in reply to this that the uniform practice 6f the Sen- There is a case which the Senator from Indiana cited yesterday ate since the beginning of the Government has been to allow a per- which sustains this view strongly, and that is the case of General son applying to be admitted to a seat upon his credentials-upon a Shields. General Shields had conducted himself honorably and gal- p1·ima facie case-to be admitted; and if there was any question lantly in the war with l\Iexico. He was renowned for his courage; auout the validity of his election, to inquire into that afterward. I exceedingly popular. He was elected by the Legislature of Illinois know that t here areca es which it is said sustain this view; but while to represent that State in the Senate. He came on here, and every- perhaps there are ca-ses which sustain it, there are many cases which body wanted to do him honor. He presented his credeniilals. It was contradict it and deny the policy and propriety of it, and to those I said, without much consideration, "They are in due form; the State wish now to refer. But before I do so let me say to the Senate that has a right to representation; on the presentation of these creden- the practice which the Senator advocated and insisted upon yester- tials he has a prima facie ca e; let us admit him and inquire into ua.y -and his position seems, perhaps, to be sustained by a few cases- his real right afterward;" and hurriedly, without much examina- in my judgment, with due deference to the past, was exceedingly tion, he was admitted to take his seat in the Senate. He sat here for unwise, and I go further and say unlawful. A sound regard for the months and months, voting upon grave questions affecting the inter-. 14 CONGRESSIONAL REC.ORD. MAROH 9, ests of the whole country, and ali last, when the proper cominittee doctrine which is sought to be established in the case before the Sen came to investigate the matter and his case was tried, it wa-s deter- ate and in other ca-ses in these hasty modern times. \Ve had better mined that he was ineligible ; that he never was elected; had no go back to the reasonable practice instituted by the founders of tho right to sit in the Senate; and he was turned out of the Senate. Is Repub~ic. The committee reported and the Senate took action as fol- it not manifest that the action of the Senate in admitting him on his lows: prima facie case was unwise, nay, unlawful f Who can say what in- The Committee of Elections, to whom were referred the credentials of an ap- terests his unlawful -vote affected! pointment by the governor of the State of Delaware of Kensey .Johns as a Senator I say that that case, so far from sustaining the view insisted on by of the United St.at.es, h:wing had the same under consideration, report: That George Read, n. Senator for the State of Delaware, resi!!lled his seat upon t he Senatc{)r from Indiana, goes to show the rea-son why no Senator the 18th day of December, 1793, and during the recess of the'l:egislature of said ought ever to be admitted to a seat in this body when there is any State. question made about the legality of his election. It is said, "Why That the Legislature of the said State met in January and adjourned in Febru- not admit a Senator on the presentation of his credentials in due ary,1794. That UJ>On the 19th day of March, and subsequent to the :ul,journmebt of the form f" I answer, because of the l'easons I have stated. · If thel'e is s::tid Legislature, K ensey Johns was apJ?ointed by the Gi>vernorof said State to fill uo question made as to the election of one applying, the case is the vacancy occasioned by the resi .~ation aforesaid. very different. Take the case of the new Senator from California Whereupon the committee submit the following resolution: [.Mr. BOOTH] as an example. He came forward this morning with Ruolved, That K ensey .Johns, appoinwd by the governor of the St.'lte of Dela- ware as a Senator of the United States for said State, is not entitled to a seat in his credentials, they were presented, and I believe they were not re- the Senate of the United States; a session of the Legislature of the said State ferred at all. It was not necessary in his case. Why f Because no having intervened between tho resignation of the said George Read and the ap- Senator suggested that the Le~i!'lature whioh purported to elect him pointment of the said Kensey Johns. was not the Legislature of Calitornia. No one pretended to suggest On the question to agree to this report, it passed in the affirmative-yeas 20, nays 7; as fol!ows. · • that the person signing his credentials was not the governor; that the seal upon the credentials was not the seal of that State; that the Resolved, That an attested co~y of the resolution of the Senate on the a~point· person who countersigned the credentials was not the secretary of state. There was no ground for question. But suppose I had risen P::~3!nf:nh! ~~!~ ~ ~~ea exe~~~~foi~t~~~ 0~~~l'a~~~~nsmitted Y the in my place and suggested to the Senate that the body that elected That is a case directly in point and a very early one, soon after the that Senator was a usurping body, and wa-s not the Legislature of Government went into operation. Kensey Johns, from the State of California; would any one here, if I had ma,de that suggestion seri- Delaware, came to the Senate with credentials in all respects formal, ously, have been content to allow the Senator to be qualified without making what is called here to-day a prim,a facie case. It was sug- inquiry, and, if need bo, trial f Will any man in his senses who ob- ~ested then that there was a defect in his appointment; that it was serves reason in .his action contend that we should have allowed him ll'regular and improperly made, and that be was not in fact entitled. to be admitted under such circumstances without having a reference Accordiug to the doct1ine insisted on here hew as entitled to come into of his credentials to a proper committee f I take it not. the Senate to vote upon all the grave questions that might arise before Mr. BURNSIDE. l\fay I ask the Senator from North Carolina a it until the committee appointed to investigate the matter could de- single question Y Do I understand him to say that this Senate could termine it; but the Senate at that day took no such action, they be- take any action whatever with reference to the applicant here or any lieved no such doctrine. By their action they said he was not entitled other applicant in this body that would endanger the country as far to a seat until the right should be inquired into-his right being as to bring about a civil war in any contingency f . questioned according to the course and practice of the Senate; and :Mr. ME.RRIMON. I have no doubt that the Senate may at any time when it was inquired into, it was ascertained that he was not enti- institute a proceeding even against a sitting member for sufficient tled, and he never sat in the Senate at niL I cite another case directly cause to expel him. in point. · .Mr. BURNSIDE. But my question is, is there anything, can there I refer now to the case of Lanman, from the State of Connecticut. be any action taken by this Senate which would endanger the country On the 4th of March, 1 25, t be Senate took this action in that behalf : in that respect, which would justify any l..5. governor of the State of Delaware as a Senator for the United States, which were r ead. Mr. Eaton, from the select commir,tee to whom was refeiTed, on the 5th instant Whereupon it was moved that the_y be referrecl to the consideration of the Com- the motion "that Mr. Lanman b e admitted to take the oath r equired by the Con: mittee of Elections b efore the s:tid Kensey .Johns could be permitted to qualify, stitution," together with tb.e credentials of :llr. Lanman, submitted the following who are directed to report thereon; and it passed in the affirmative-yeas 13, nays r eRort: 12. :rhat Mr. Lanman's term of service in the Senate expired on tile 3d o.f March. On the 4th he presented to the Senate a certificate, r egularly and properly authenti- In that case Johns, the applicant, appeared and proclucecl his cre- cated, from Oliver Wolcott, governor of the State of Connecticut, settin,. forth that dentials in all respects regular, but it was suggested to the Senate by the President of the United States had desired the Senate to convene o£. the 4th of a Sena.tor that there was a defect about his election or appointment March, and had caused official notice of that fact to be communicated to him. The certificate of appointment is d~ted the 8th of Februa~·y..~ 1825, subsequent to which rendered it void; and because it was so defective he was not the time of notification to him by the President. The cen.lncate further recites then allowed to take his seat. On March 26, 1793, the Senate took that at the time of i~ execution the Legislature of the State was not in session, this further action in the case : and would not be until the month of M:ty. The committee have looked into the Journals of the Senato to ~>t he may be presumed to act as an officer by right of appo~tment here, and the Senate nas no power to determine what is the lawful State government, except in det.erminingwhetheraparticular person * * * .. * * was elected or not a Senator to represent the State in the Congress bas The distinotio~ be~een officers de facto, acting colore ojftcii, and officers de jure _been recogmzed m EnJland from an early period, and seems to have beon of ~he Union. In ~etermining who was elected Senator, the Senate ~&fc~~d to officers of every gmde, from the 'king to the lowest incumbent of demdes that. a p~rtiCular body_ was the true Legislature, but it can only determme 1!1 that way; ~t has no other or further jurisdiction The court say further: to ay by resolution or otherwlSe that one government or ~mother is :r'he. S.'lJlle distinction is equally well known in this country, and hp,s been ap· the lawful government. ph~d ill numerous cases.•. and to a great variety of offices, where persons have But let us see what the House of Representatives did. They cl;umed to act color~ offum, thou~~h not qualified according to the requirements of pa sed .this resolution, which they had no jurisdiction or power to law, ~d :where thmr acta, as omcers de facto, have been upheld. It is familiar pa , and it therefore goes for nothing. doctrme m the courts of our own State, and is sustained by the cases following. They allowed to sit in their body, upon what is here called a prirna Citing a great number of them. facie case, members of CongresS from Louisiana elected upon the I then cite Bouvier's Law Dictionary. Bouvier, a learned law lexi- Kellogg ticket; and before they adjourned they turned them out and cographer, says this: seated those members of Congress who were elected upon the :M:c- . .An officer de facto. is one who performs the duties of an office with apparent ~~ery or fusion ticket; so that if there is anything in this resolution, ngh~, an~ under clarm and color of an appointment, but without beino- a-ctually qualified m law so to act. " if It has any force or effect whatsoever, the House ha.s stultified itself for after itd~lared at onem<>ment by this resolution that the Kellogg If these definitions of what constitutes an officer de fa-cto are cor- government IS the lawful government and to be recoO'nized as such rect, I pnt it to every sensible man w say if in any point of view it turned around and admitted that the members elected to ConO'res~ 0 Kellogg can be called an officer de j'Mto f He was not elected. There upon -the fusion or .McEnery ticket, thereby declaring very stro nO'ly was a majority of ten thousand votes against him and his associates. that the M~Enery ticket was elected. So that, I say, all these auth~r­ He did not come in by color of any authority. It was alleued that he ities that the Senator falls back upon to sustain his case go for noth- was ascertained to be elected by the Lynch board, bnt th~ facts 7 the ing. They are empty; they prove nothing; indeed when examined reports, the examinations all go w show that the Lynch board ha.d they go w show that he is in the gravest.error, that the Pre iUthorities on this subject, for, as I said a mo- A term used in connection with government, means this- ment ago, a very f~lse nqtion seem to prevail in the Senate and out- The tyrannical assumption of the government by force, contrary to and in violation side of the Seqate as to what constitutes a de facto officer. The first of the constitution of the country. case I cite is a very a~cieut English one, drawing the distinction. I I a,g~ any Senat~r. here, I ask any friend of the Kellogg govern- cite the c'lse of The King vs. Lisle. In that case the court say : ment, if that definition does not cover completely and precisely the It was held by the whole ooutt (except Lee, chief justice, who gave no direct case in handY The author, if he had been writing a definition to opinion as to this pQint) that Goldwire was not so mach as a. mayor de facto- cover thls case, could not have been more exact. It is so strong and The question was about whether a particular party was the mayor pointed that I will read it again : of a certain town or city- Us:urP?-tio~: The tyrannic~l a!'sumftion of the government by force, contrary to an.g ~~~~tionof the const1tut10n o for in order to constitute a mayor de facto it is necessary that there be some form 8 the country. or color of an election; but without this, the ta.k:in,.,. the title and reaalia of the o~ce, and the a-cting and being. sworn in as mayor7 are not sufficient; and with . Another word applied _to government- this agrees the_.A.bbot of Founta.m's ~ase. Now here it appears that Goldwire was one who assumes the right of government by force, contrary to and in violation never elected m fact; and though 1t be stated that he was sworn at the leet, it of the constitution of the country. 1875. CONGRESSIONAL RECORD. 21 Now let us see how Worcester defines these terms. He says: regulated by law, would have the power to treat such a provision as Usurpation: The act of usurping; forcible, illegal seizure or possession. a nullity anywhere and everywhere, under all circumstances. * * ~ * * * * How far must the United States Govemment go in gu::tranteeing a Usurper: One who usurps; one who seizes or possesses that to which he has republican form of government 'I It may be said in one sense that a no right; applied particularly to one who excludes the rightful heir from the constitution republican iu form in all its provisions is a republican throne. • form of government; but that is not what is meant here. .A. reason- Then, Mr. Preffident, as the Kellogg government was not elected able, jnst, and necessary construction of this clause of the Const.itu- nor ascertained to be elected, and is not and never has been in any legal tion implies a great deal more than that. Suppose the State of New sense a government de ju1·e, is not in any possible sense a government York t.o-day by the act of God or the public enemy were deprived of cle fact.(), inasmuch as Kellogg is there exercising power and under- all its officers, its governor and all other State officers, so that it taking to administer the government; and inasmuch as he has been would have no State officers at all. The form of government as em- upheld by force from the beginning of the exercise of such power on bodied in its constitution would remain republican~ ~mt that would h i part to this day, and by force alone, according to the legal defini- not be the complete government contemplated by t.ll.is clause of the tions which I have brought to the attention of the Senate, according Constitution of the United States. It implies that if by the act of to all la.w, according to all rules of construction, he is a mere naked God or the public enemy or any other cause the State government u urper ; ho is not an officer de facto, and he is liable to be displaced shall be dismantle(! so that there are no lawful officers to administer from t.he position he holds whenever the lawful authoriti~s of · the it, and if there is no law by which the places of tho e officers maybe State of Louisiana can displace him. filled by the voting people of the State, it is the duty and obligation But it is said, however that may be, by the Constitution of the of the United States to provide a means by which the people of the United States the Federal Government, the President in the first State could fiJl those office . I say then if it shall turn out that the place and Congress after him, bas the right to determine who consti- State of Louisiana has no officers, through the frauds, combinations, tute the lawful officers of a State government; :mel the President of and corruptions of the Kellogg party, or the :McEnery party, or the the United States having recognized Kellogg as the lawful governor other ambitiousan<.l corrupt men in the State of Louisiana and e18e- and the Kellogg government as the lawful government, the people of where-in that extreme case, and only in that extreme ca e-Conbrress the State of Louisiana must acquiesce; they must admit and sustain not only has the right and power but it would be it, duty, it would that usurpation, however much and widely the President may have be under obligation to provide a means whereby those officers may ened. Now, sir, I wish to inquire into thi matter. It is an intere t- be supplied by the voting people of that St.ate. ing question. It is one that ought to be decided after solemn debate :Mr. LOG.A.N. I should like to ask the Senator a question right and the most thorough and scrutinizing investigation. .A. question of there. Does he mean by that to say that it is the duty of Congress higher interest and more momentous concern could not arise. to provide for an election t · Looking into commentaries on our Constitution and the political Mr. MERRIMON. Yes, sir; in the case I suppose. writings of public men, I regret to find that the article of the Con·- Mr. LOG.A.N. Then I would aka further question. When a ma- stitution which bears on this subject has never been much discussed, jority of our committee reported to th.is House against the government and the responsibility is with us to examine it and determine its in Louisiana, stating that the frauds were so great that they could meaning and apply it. The Constitution provides in section 4, not reco~nize either government :md asked the Senate to pas a bill article 4: authorizmg an election so a.s to establish a government, why was it The United States shall guarantee to ovorySt.ate in this Union a republican form that the Senator voted against that bill, with all his associates on that of government, and shall protect oach of them against invasion , and on application side of the House 'I of the Legislature, or of the executive, (when tho Legislature cannot be convened,) Mr. l'tiERRil\lON. In the first place I wa not in Congress at that against domestic violence. time; but if I had been I .would not have voted for that bill for a In the first place I remark, that this clause of the Constitution con- reason which I will now state. tains a power to be exercised, not originally or directly; it is a power Mr. LOG.A.N. I beg the Senator's pardon. When I a-sked why he to be exercised in a collateral way, colla.terally to the State govern- did not vote for that bill, I did not recollect the f::t-ct that he was not ment. It is a clause which provides a guarantee; it is a ·collateral here. But every Senator on that side of the Senate, commonly de- undertaking on the p'1rt of the nation-the United States-not to nominated democrats, voted against that bill, and I supposed that make a republican government for a State, but to secure to a State included him. I did not remember that the Senator himself was not with a republican form of government tha,t government against for- here at that time. eign invasion OI' domestie violence, or any n.nd all causes that might l\fr. 1\IERRIMON. But I will now ::tnswer the Senator's question in any way destroy its republican character. It is a collateral uncler- in full, for I am very anxious on this 'ubject; I am serious about it, takin~ on the part of the United States to do this. It implies that and mean to do what is right without regard to party affiliations. I there Is a government already existing; it implies the United St:1tes am sincere when I say that this question is above parties, and I intend agreed, as the National Government when it came into operation, to to a-ct n.bove parties and I wish every body else would do likewise. protect the several States in the then existing governments, which I say to the Senator most frankly that if I had been here I would were treated as republican in their character, to protect them forever not have voted for that bill. I say to him frankly that I will not fl.gainst foreign invasion and domestic violence or interference in that vote for such a bill now; and why Because I believe us I know form of government. It applie manifest-ly and reasonably to more there is a God, I believe as I know that I exist, I believe by every than that; it means that a often as the several States shall see proper evidence by which conviction can be carried to my mind in that re- to change their forms of government, preserving a republican form, spect, that a lawful election was held in the State of Louisiana at so long as they should continue to be republican in form the United the regular time according to law in 1872, and that a governor and States will from time to time and forever prote~t them in the exer- other State officers were elected; that they were inaugurated; that ci e of ri~hts under such a form of government. they from that day to this have been proclaiming their right to ad- What lS a republican form of government'/ Why, sir, I do not minister the government; that they are doing it to-clay, and if the think there can be any doubt about that. In a very general sense it United States would do their duty they would administer it and there may be said to be a government of public sentiment regulated by would be peace and quiet in the State of Louisiana. For these rea,. law; but that is not sufficiently definite for my present purpose. .A. sons I could not vote for such a bill. republican form of government is a government by the people, admin- But if there are Senators in this Chamber who believe otherwise- istered through their agent , their representatives, and their officers and I shall not question the sincerity of their convictions; I shall not elected by the voting populat.ion. It seems to me, after some consid- question the sincerity of the convictions of the Senator from Illinois, eration, that this definition embraces every feature of a republican for I believe he was sincere and the whole committee were sincere-I ~overnment. The essential feature in it is that it is 1·epresentative implore them in the name of justice and my country to declare by m its character. It is a government administered through agencie , their a-ct and their vote that there is no government thAre, and to agencies of the people, representing the whole people, but not neces- make a just and wise provision by which the people can elect officers sarily elected by the whole people, but 'elected by the voting popu- to fill the offices. I shall complain of no one for doin~ so; however lation as the constitution and laws shall provide. much I may think they err. If I could believe there was no govern-. While, therefore, any State in the Union shall have a republican ment there, if I could believe there were no officers there to adminis- government that compasses this lea-ding idea, the Government of the ter the government, that by fraud or any other means the State was United States is bound to protect it in that behalf. .A.ntl if a State dismantTed of its officers, in one moment I would gladly vote for an should undertake to establish a monarchical feature in its constitu- approprbte law to enable the people to elect officers to fill the neces- tion, such a provision would be absolutely inoperative. WhyV Not sary State offices that are not filled accordiRg to law. I would not only because it contravenes the genius of our institutions, but it vote, however, for the bill -presented by the late enator from Wis- would contravene the Constitution of the United States ; and I appre- consin, (1\h arpenter.) That bill did not provide £or an election hend that if a State were by its constitution and law to undertake to according to this provision of the Constitution. Congress has no invest an officer there with regal powers, to make him king, the United right to have an election held there under a ~tatute of the United States Government, its courts, its whole authority, could declare in a States regulating the manner of election at all. Congress must pro- legal way that such a provision of the constitution or the laws of vide according to the circum tances of the case for an ~lection to be any State was absolutely null and void and inoperative; and be- held pm·snant to the constitution and laws of the State of Looi iana ~:tuse such a provision would contravene the Constitution of the and for the election to be held by the people of Loui iana. It might United States; and the United States courts, and indeed every de- provide that certain officers should be appointed under the act of .partmeut of the Government of the United States, its action being Congress to superintend the holding of the election, but th.c'tl! is as far l 22 CONGRESSIONAL RECORD. MARCH 10, - as it could ~o. I never would consent to allow it to be held by Fed- and while his a-ction, and his action alone, ought to have been sub- eral authonty, by Federal troops, by Federal officers to contr?l the mitted to until it should be reversed, a{;! I have said, it was the duty vote. I would provide the means whereby the people accordmg to of Congress long, long ago, and the President and the country have their own constitution and laws could hold au election and fill the a right to complain of Congress because it did not do it, to have de- offices, uninfluenced by extraneous force or influence. termined, as the proper power a.nd the only proper tribunal to deter- Mr. LOGAN. I do notwjsh to disturb theSenatorinhisdiscussion, mine, which of the two governments was the lawful one. If the to which I am·paying attention ; but as we go along I would like to Congress of the United States are willing for any consideration, polit- make a suggestion to him. As I have before stated to the Senate, I ical or otherwise, to take the responsibility of recognizing the Kel- wa.s placed in a very peculiar position in reference to this question. logg government, let them do it; they may so decide for improper and Suppose, acting upon the theory that he is now ~?ing on, that an sinister considerations and purpose , but let them decide. They have election might be provided by the Congress of the united States in a full and complete jurisdiction to do it, and when they have made the constitutional form, or mode, or plan, In some such way as he sug- decision, however distasteful to the people of Louisiana, they are gests, that the Congress of the United States should absolutely refuse bound to submit, because the lawful and properly constituted author- to adopt that plan, no matter by whose votes, whether by republi- ities of the country shall have so determined. In that ca-se the de- cans or democrates, and the condition of things in the State was that cision would be mn.nifestly wrong, bot there is no further appeal, of chaos and confusion, as was the case in Louisiana, I ask him what except to the ballot-box-to the high tribunn.l of the American peo- his remedy would be 7 If there was no recognition given to the ple-to public sentiment. But inasmuch as Congre s ha not acted party that he claimed to be elected, and there were two State gov- in this respect, inasmuch as it has failed in its duty in this respect, ernments claiming the right in that way, and all was turmoil and until the action of the President shall be reversed or until he shall confusion, and Congress should utterly refuse to take any step what- reverse his own action, as I maintain he has the power and right to ever, t.h en I ask him what would be the result T do and he ought to do, it is the duty of the people of Louisi:wa a11d 1\Ir. MERRIMON. That is to suppose Congress would be false, of the whole country to submit to his determination. In the mean that it would not doits duty. time the proper and lawful government is to protect it existence as Mr. LOGAN. I am supposing precisely the case that exists. I was far as it can until the highest authority, to wit, Congress, shall deter- on the committee and was with the majority. We reported to the mine the question at is ue. Senate that there was no State government in Louisiana. We said 1\fr. LOGAN. That is just the point exactly that I desired the Sen- that according to the best lights we could get, according to the cer- ator to come to. I stated that Congress ha,d not :wted. I care not tificates before us, McEnery was elected if any election took place ; how much fault he finds with Congress, nor do I care what fault he but the frauds were so great on both sides that we deemed there was finds with the President; but I put the imple proposition, that inas- no legal election held, and therefore, we asked the Congress of the much as Congress has not aded and the Pre ident has acted, the United States to authorize an election to be held so that the people President not having re\ersed his action, but standing by it, then the might elect a governor and other State officers, with the safeguards question is what is the duty of the people of Louisiana, whether to that we thought necessary in the bill; but that was voted doWn. go into revolution or to stand by the action of the President T Then what was the condition Y What was my condition T Congress Mr. liiERRIMON. To submit to his action unquestionably until it having refused to cany out the suggestion of a new election, I must is reversed. then adopt the next best mode in order to give those people a govern- 1\Ir. LOGAN. I am very glad to hear the Senator say that. ment. What is that mode T I ask the Senator, and I put it to him 1\fr. 1\fERRil\fON. But I do not mean by that that the McEnery as a legal proposition, how he would act T Suppose then the Presi- government is to cease to exist. I mean that the McEnery govern- dent acts when Congress refuses to act, and recognizes one of the ment is to stand there until the highest and la t authority shall act parties ; suppose then t.be courts of the State act and recognize one and determine that it is not the lawful authority. · of the e parties, as they nave a. right to do when the questiOn is be- Mr. LOGAN. I will ask the Senator another question, then, in fore them, then I ask the Senator what course would he take 7 Would furtherance of this discussion. Inasmuch a he says the duty of the he adopt the form of revolution for the purpose of overturning that people of the State of Louisiana is to maintain the po ition of the government which had been recognized when there was a necessity President until the President reverses his action, I a k whether he for the establishment of some government; or would he support that considers McEnery and his followers and satellites a part of the people government in order to give peace to the people 'f I put that as a of Louisiana 7 square proposition to him; and that states my position precisely as Mr. 1\fERRIMON. I do. I have occupied it here in the Senate. When I could not get what I 1\fr. LOGA.l.~. Then it is their duty to maintain that government, thought it was right for Congress to do, I then adopted the next best too, is it not f If it is their duty to maintain it, how can they main- mode in order to give 1)eace and tranquillity to the people in Louisi- tain a separate government 'I ana; I fell back upon the necessity of the case, and that necessity 1\fr. 1\!ERRil\fON. It is their duty to submit to the action of the requires a government of some kind to exist; and if there is a legal President, and only to him. Their separate government is not active, government that we can find, supported by the President and the but is there to spring into existence the moment this unlawful power courts, I ask him what would he do 7 Would he overturn that gov- is removed, the moment the controversy is ended. ernment by revolution if Congress refused to pass a law authorizing 1\Ir. LOGAN. It stands readyf an election ; or would he support the President in maintaining pea~e T Mr. MERRIMON. Until the.unlawful power is decided against by Mr. MERRIMON. I will answer the Senator with all frankness. the authority competent to decide in that behalf. In the first place, the President under the legislation of Congress, Mr. LOGAN. It stands ready, as I understand the Sena.tor, fully not in the exercise of any original power confened on him by the organized but in a passive condition until the other government can Constitution but by virtue of an act of Congress, where there are be wiped out, and then it proposes to come in. That is the idea 'f two contending part.ies in a State claiming to be the lawful officers 1\Ir. liiERRDiON. YeR, sir. I maintain that it is the duty of the of the State, has the right, and indeed it IS his duty, to determine, President this day, in view of the facts and the law of this case, to on proper application to him with a view to the exercise of his office, withdraw the troops from Louisiana. and to allow the McEnery gov- which of the two parties lawfully represented the State government. ernment to operate. Ravin~ determined that question, it is his duty to aid that party in Mr. LOGAN. Now I will a{;!k the Senator another que tion right admimst.ering the government. It is the duty of everybody to sus- in connection with that, beca.use I see that he and I on the general tain the President while he shall continue in that course. But it is view would not disa.gree very much in the conclusion we come to ex- the duty of the President also, hefore he shall determine which fac- cept that I would differ from him about the McEnery government tion he· will recognize, to decide that delicate question afterfullhear- being a government at all at the present time. When the McEnery ing and thorough investigation. He may not decide hastily rashly, government usurped the authority of the State last September and recklessly; he must decide ca.utiously and advi edly. If he shall absolutely outed and overturned the Kellogg government, which not do so, then I have to say he is false to the high trust reposed they did, if 1\IcEnery had then taken possession of the government, in him and he is not fit to be President. That officer is chargecl with doea the Senator think he would have been lawfnlly in possession t np more delicate power anit duty. There is no Federal power that Mr. MERRIMON. I do. more vitally affects the State governments. If he does it without a 1\Ir. LOGAN. You then sustain the rebellion against the Kellogg hearing, if he does it without due consideration-as I contend, with government T . all respect, he did in this case-the President is to be complained of, 1\Ir. .MJ<)RRIMON. It was no rebellion; it was the right assertin(J' he is to be held respousi ble for his unwise and injudicious conduct and itself against the wrong-not against the President or any lawful held responsible to the American people; but ina..,much as he has the authority. legaJ authority to so determine in the first instance, it is the duty of Mr. LOGAN. That is the point. There is a difference of opinion. the people of the United States .and the people of the State of Louis- Mr. l\1ERRIMON. I maintain that when the rightful government iana to submit to his action, and only to his action, until he shall asserted its power at that time, it was not only competent for the reverse it himself or Congress shall reverse it. President to do it, but I did hope that he would recognize and sus- I maintain that when the President found out from the report of tain it. · If the President will withdraw the troops anti thus put the the Senate committe e and from other sources that bad and corrupt case out of court, McEnery and his associates have the right forth- men had impo ed upon him and led him astray, that it was his solemn with to as ert their authority. and high duty, and it ought to have been his highest :r-lea{;!ure and 1\fr. LOGAN. Yes; but he did not do it. an opportunity seized upon joyfully, to change his actwn, and say 1\fr. MERRil\fON. Will the Senator wait until I get through with "I acted inadvertently; I was not properly informed." But then mv sentence f after he had taken action and recognized the Kellogg government, 'h-Ir. LOGAN. Certainly. 1875. CONGRESSIONAL RECORD. 23 Mr. MERRlMON. It was not only the right of the President but the President to recognize that lawful government and to sustain it. i.t was his duty to uphold the rightful government, it having as erted I say, however, that while the President in the exercise of the author· its authority. ityvested in him bylaw shall continue to enforce his order thewhole .Mr. LOGAJ."'{. I woulcl differ with the Senator as to which govern- people are bound to submit to it, not recognizing it a lawful at all, ment it was his duty to uphold; but we would both agree that it but they are bound to submit to it by reason of the power vested in was his duty to uphold the-government. I sustain t he President in the President until the proper authority shall reverse his action or upholding the Kellogg government; but when tho revolution oc- until he shall reverse his action himself. I say that McEnery i th~ curred and overturned that government, according to the theory of lawful governor and his associates the other lawful State officers, and the Senator McEnery was the rightful governor. If the McEnery therefore the President ought to reverse his action now. If he were government hatl been inangura.ted and had posses ion, then the Pres- to withdraw the troops from the State of Louisiana the McEnery ident was at fault when h e sustained t he K ellogg government and government would go into operation in twenty-four homs, ancl there put down the Penn in urrection, as I tmderstand the Senator~ would be peace and quiet in that State. Mr. MERRIMON. I did not hear the Senator. But, sir, this interruption is apart from the qne,tion now before the Mr. LOGAN. According to the Senator's r easoning, when the Kel- Senate. Whatever may have b een the action of the President, that logg government was overturned on the 14th of September and the ought to h:we no weight with us in determining this question. If be McEnery ~vernment usurped the control-! use that term; perhaps bas erred, it is the duty of the Senate not to err; it is the duty of he would not-took the places and instn,lled themselves, then t.be Congress to rever e his action. The President bas a power, but his Senator would maintain that they were rightfully in power and it P?wer is temporary. His judgment there is temporary. He recog- · was the duty of the President then to maintain McEnery in po ses- mzed the Kellogg_ government, and he has told Congre repeatedly sion of the governorship of that State instead of su taining K ellogg that be recognized it, and would continue to do so, until ConO're s and putting down tbe insurrection. There is the difference between would take further action; and the moment that Congre s shall de- the Senator and myself. I say that the President's duty wa.s to put cide he erred or ::m y way, he is willing the lawful government shall down the rebellion against the government, and he did do it, and did spring up ancl operate at once. right and proper under the authority conferred upon him as President In further support of what I have said I beg now to call the atten- of the United States. The Senator thinks differently; and there is tion of the Senate to the decision of the Supreme Court in Luther 't:S. the conclusion that he is bound to come to, and I am bound to come Borden. I believe it is the only decision bearing upon the powers of to the other, for his reasoning sustains the rebellion of t he 14t,h of the President, and it is an exposition that throws very much light on September and my reasoning would put it down. That is the cliffer- this very question. The opinion is delivered by Chief Justice Ta.ney, ence between us. and in the course of their opinion the court say : Mr. MERRIMON. The difference between us is this : I say there Under this article of the Constitution it rests with Congress- was no rebellion there at the time he mentions; I say the right- ! repeat that- ful government being prevented from the exercise of its rightful au- thority had a right to assert itself whenever it could do it, except as it rests with Congre !I to decide what government is the established one in a State. For, as the United t.ates ~uarantee to each State a. r epublican government, Con- against the President exercising his power. gress must necC~>sarily domde what ~overnment is established in the tate before Mr. ~CORN. Will t he Senator allow me to make a suggestion f it can determine whetber it is r epublican or not. .And when the Senators and Rep· Mr. MERRIMON. Yes, sir. r esentatives of a Sta.te are admitted into tho. councils of the Union, th authority Mr. ALCORN. I understand the Senator's position to be that it of the government under which t hey are appointed, as well as it r epublican char- acter, is recognized by the proper con titutional authority. And its decision is wa the duty of the p('.ople of Louisiana to ma.i ntain the government binding on ever y'other department of the Government., and could not be questioned recognized by the President, and be c~e, as he styles it, is a false doctrine; one that cannot be controverted, that the lower branch of Congress, that it is not sustained by a proper construction of the Constitution, overwhelmingly republican, ascertained that the McEnery ticket was by the practice of the Senate, by right, by justice, by any considem- elected. Wherever any action has been taken in the Senate the de- tion whatever; that, on the contrary, the true theory and practice cision is the same way. For more than two years the present appli- is, never to admit an applicant to be admitted when his right is cant has importuned the Senate to admit him as a. Senator from questioned, lmtil that right shall be determined on its merits. In Louisiana elected by the Kellogg legislature, and his credentials cer- the second place, I have shown that the fusion or McEnery ticket tified by Kellogg himself. The Senate has for that long time refused waB hwfully elected at the election in Louisiana in 1872 ; that :Mc- to do so. The Senate shrinks, as well it may, from a recognition of Enery and his colleagues were lawfully inaugurated, and that they that usurpation. I shall mourn the day when it shall do so. Snch a ought to be administering the government this day. · In the third recognition will be a terrible and dangerous precedent. I admonish place, I have shown that Kellogg was not elected. I have shown that the Senate against it; it will come back again and again to plague it has been ascertained in many lawful ways that he was not elected, us and the country. that on the contrary he was beaten by a majority of ten thousand Here let me call attention to what the Senate has done further on votes. I have shown that he did not come into office by law, and he this subject. It is very interesting a~ showing the record of some is therefore not an officer de jm·e; that he did not come into office by Senators, and I trust they will stand by that record. I would regret color of law, and he is therefore not an officer de facto; that he oame' exceedingly to see them go back upon it. into office only by force and usurpation; that he is in every sense a The Senator from illinois a. moment ago asked me why I did not usurper, and that being a mere usurper and an invader of the rights vote for a certain bill providing for an election in the State of of the people of Louisiana, he ought to be displaced. He ought to Louisiana.. I gave him my reasons for it. The late Senat-or from Wis- be displaced now by the President, and if the President will not do consin felt very anxious on this subject. He said, for reasons which it, Congress, in the discharge of the high duty that devolves on it, I do not think sufficient-I gave my reasons for so thinkfug on an- ought to displace him at the earliest possible moment by reversing other occasion-that there was no State government in the State of the action of the President and allowing the lawful government to Louisiana, that is, there were no legal officers there to fill the offices operate and administer the government of that State. and administer the government; that the election in that State was Then in the fourth place I have shown that the Pre ident ha.s no void. Reintroduced a bill in the Forty-second Congress. That bill original power to determine that one party or another constitute the contained this recital: lawful officers or Legislature of a State government or one cla. s of That the election held in the State of Louisiana on the 4th day of November, 1872, officers or another; that he derive his power and ha..s it by virtue of for govornor, lieutenant-governor, StlCretary of state, attorney-general, auditor of the act of Congress; that Congress is the political branch of the ' 187$. CONGRESSIONAL RECORDo 25 Government and has the right to determine who are the proper offi- Mr. THURMAN. But what is the resolution, for it all depends on cers of the State government and what is the proper State ~overn­ that 'I ment; and furthermore, that in the matter no't before the ;::;enate, The VICE-PRESIDENT. The resolution will be reported. the President being subordinate to Congres and acting in pursuance 1\fr. THURl\fAN. Is it the resolution for t.he appointment of a of the authority of Congress, and charged. by Congress to decide right, committee to go to the Indian country'/ having decided wrong, his action is to have no weight whatsoever in 1\lr. CLAYTON. Yes, sir. determining the question as to whether we ought to admit this appli- Mr. THURMAN. Then I understand it; it is not necessary to cant or not. read it. It is within· the power and jurisdiction of the Senate in deciding Mr. CLAYTON. 'l'he resolution to which I have referred was dis- thecae before it to decide that the Kellogg legislature was not the cus ed at considerable length pro and con. On the 25th of March, lawful Legislature, and therefore the applicant, Pinchback, was not 1873, the Senator from Mi sissippi [Mr . .ALcoRN] submitted a substi- elected and is not entitled to be admitted. The Senate ha the right tute for hi resolution which wa.s merely for the purpose of allowing to determine that hls credentials are not sufficient evidence of his the committee to sit during the recess, striking out all the rest of the election. In that they may determine that Kellogg was not the gov- resolution. I will state here that prior to the introduction of this ernor ; that the seal on the credentials purporting to be the seal of the resolution of the Senator from· Mississippi the following resolution State of Louisiana is not the seal; that the person who countersigns had been in~oduced and acted upon : the credentials as secretary of st ate was not secretary. This is the That the Committee on Privileges and Elections be instructed to examine and office of the Senate. For one I am ready to cast my vote now, and report at the next se sion of Con~ess upon the best and most practicable mode of electing the President and Vice-l:'resident of the United States, and proviilin~ a have always been, that this applicant was not duly elected; and for tribuna! to adjust and decide all contested questioni connected therewith, With the reasons which I have submitted, when the time shall come, I shall leave to sit during vacation. be prepared to vote to reverse the action of the President andTestore the lawful government of the State of Louisiana. And I maintain, This resolution, sa.ys the record, "was oonsidered by una.nimous sir, furthermore, that while the Senate cannot do it, ·t he Senators a-s consent, and a,greed to." American citizens, and especially -the republicans of this body, are .A. resolution offered by the Senator from New York [:Mr. CONKLll""'l'G] charged by their country to advise the President, a-s they have his to allow the Committee on the JucUciary to sit during the recess was· ear, into that line of ri~ht which he ought to pursue. also considered and agreed to. I shall rejoice if the ngbt shall prevail in this distressing and com- .A. resolution offered by the Senator from Wisconsin [Mr. HOWE] to p1ieated case and if no permanent evil shall result from it to the conn- allow the Committee to Audit and Control the Contingent Expenses of -the Senate to sit during the recess of the Sena.te was also con- ~~ . 1\fr. THURMAN. I move that the Senate proceed to the considera- sidered aml agreed to. tion of executive business. A resolution also offered by the Senator from New York [Mr. Co.NK- Mr. McCREERY. Mr. President, I propose to speak a few minutes LING] to allow the Committee on the Revision of the Laws to sit if the Senator will give me the floor for to-morrow morning. during the recess wa also agreed to. · Mr. THURMAN. Very well. On the 26th of March the resolution of the Senator from Mi sissippi The PRESIDING OFFICER, (l\Ir. PATIERSON in the chair.) The wa.s brought up again and the point of order wa submitted to the question is on the motion of the Senator from Ohio. Senate. The Senate by a vote of 25 to 19 decided that the resolution The motion was agreed to; and the Senate proceeded to the consid- could be considered. eration of executive business. After forty-two minutes spent in I presume, if this wa.s merely a proposition to raise a select comm.it- executive session the doors were reopenerl, and (at two o'clock and tee to consider this question, independent of the power to sit during forty minutes p. m.) the Senate adjourned. the recess, no one would question but that it would be in order, and I should like to a-sk the Senator from Connecticut whether he would consider a mere proposition to raise a committee of this body a bein(J' out of order. Can I have the attention of the Senator from Connect icut a moment T I desire to ask him whether if this proposition was IN SENATE . merely for the purpose of raising a committee of this body to consider any question independent of the power to sit during the recess, he T HURSD.A.Y, March 11, 1875. would consider that out of order 'I • 1\lr. FERRY, of Connecticut. I suppose that a committee could Prayer by the Chaplain, Rev. BYRON SUNDERLAND, D. D. only be raised for the purpose of reporting to the Senate on some The VICE-J>RESIDENT resumed tbe chair. subject at some time; and to a mere proposition to raise a committee The Journal of yesterday's proceedings was read and approved. at a called session to report upon business of a legislative character, EXECUTIVE CO}'IMUNICATION. I should make the same question of order that I now make. If the The VICE-PRESIDENT laid before the Senate a letter of the Sec- Senator from Arkansas will permit me, I will submit a word or two, ond Auditor of the Treasury, transmitting copies of all accounts which and perhaps relieve the difficulty of discussion on this subject at the have been received at that office from persons charged or intrusted present time. with the disbursements or application of moneys; goods, or effects of .As bas been stated by the Chair, two years ago, at the commence- any kind for the benefit of the Indians from J uly 1, 1872, to J une 30, ment of the called session, some of these resolutions were in~oduced. 1873; which wa.s ordered to lie on the table. I raised the question of order. The Vice-President ruled that they could not be entertained. Subsequently the Senator from New York CO :J::MITTEE TO VISIT THE ~IAN COUNTRY. (l\Ir. Fenton) in~oduced a petition looking to legislative busine s . Mr. CLAYTON. I should like to call up the point of order raised Objection was taken to that. That question was submitted to the the other day upon a r·esolution offered by myself. . I deRire to call Senate ; there was a yea and nay vote, and the ~enate decided that it up for the purpose of having the point of order settled. If tbe the petition could not be received. point of order is settled so that the resolution can be received, I shall Mr. CLAYTON. Will the Senator p!l.rdon me a moment while I not ask to have the resolution itself considered to-day; but merely call his attention to that particular phase of the question 'I That desire t.o have the point of order settled. petition called for the concurrent action of both Houses. The peti- The VICE-PRESIDENT. The Chair submits the question to the tion to which he refers, if I recollect aright, looked to action from Senate. The Chair will take the opinion of the Senate. both. Houses ; it was a petition for Congre s to do certain things, Mr. CLAYTON. I should like to make a few remarks on this sub- and 1t seems to me that would not be a parallel ca e to this. ject. Mr. FERRY, of Connecticut. I was merely stating the precedents. On the 19th day of March, 1873, the Senator from Mississippi [Mr. Subsequently a number of resolutions for raising committees or con- ALcoRN] offered a resolution which reads as follows : tinuing them during the recess were in~oduced. Some were enter- Resolved_; That the Select Committee on the Levees of the Mississippi River be tained by unanimous consent. One in particular I .remember, intro- a;uthorizea to sit durinu th~ r_ec~ss, _ a~~:d to investigate and report upon the condi- duced by the Senator from Minnesota, [Mr. WINDOM.] ·I at :first raised tiOn of the levees of the MisSISSippi RIVer; also, upon the propriety of the Govern- ment of the 'United States assuming charge and control of the same with a view the question of order, and then, at his request,~thdrew it and per- to their completion and main~anc!l; _and t~at t~ey have power to e~ploy a clerk, mitted unanimous consent to be given. Upon the resolution continu- and that the exfenses attending this mvestigatwn shall be paid out of the con- ing the committee regarding the levees of the Mississippi River ~J:i~~~~r:!rl~enate, upon vouchers approved by the chairman of the select another yea and nay vote was taken, which resulted in exactly the reverse of the yea and nay vote whichhadprecededit. Consequently, The Senator from Connecticut [Mr. FERRY] raised the same point as the Chair has said, this question was decided two years ago both of order upon the submission of this resolution which he raised the ways by the Senat.e. Now I desire upon this resolution to have it other day on the submission of mine. . distinctly presented to the Senate, as it is now, whheter at a called 1\Ir. THURMAN. Will the Senator allow me to inquire what is session such a resolution will be entertained as in order. The Chair the questio,n before the Senate 'I has submitted it to the Senate, and I will very cheerfully acquiesce Mr. CLAYTON. The Chair will state it. in the decision of the Senate on a yea and nay vote. The VICE-PRESIDENT. The question before the Senate is on the Mr. CLAYTON. That is the attitude of the ca e exactly. As I point of order. The Senator from Arkansas submitted a resolution understand, the question now before the Senate is merely as to and a question of order w~s raised upon it; and as the Senate by a whether this resolution is in order, without any reference whatever yea and nay vote have decided both ways on that question the Chair to the merits of the resolution or what it proposes. submits the question to the Senate. ' Mr. MORTON. What is the resolution t • 26 CONGRESSIONAL RECORD. M.A.R,CH 11' Mr. CLAYTON. The resolution itself is to create a special com- at every session we may do acts which look to legislation, which go mittee of this body, to be composed of four members of the Com- to furnish the material upon which subsequent legislation is to be mittee on Indian Afl:"airs ancl three of the Committee on Territories, enacted. · with certain powers to investigate questions arising in the Indian I do not knowthat there is auotherSenator here who agrees with country, during the recess of Congress. me; but uch is my view. I remember very well when the Senate Mr. FERRY, of Connecticut. And to report at the next session of passed a resolution affirming precisely the doctrine that I Jay down, Congress. and we lived up to it manfully I think for two or three days; but Mr. CLAYTON. Yes, sir. Of course, Mr. President, if this is out the desire of this Senator to do that thing ancl the other Senator to do of order, that settles the whole question as to this committee and all another thing broke down the r esolution that the Senate itself had other committees of a similar character. The Senator from Con- adopted. I think .von will find the resolution ·some four or five ses- necticut is right in his statement of what took place during the ses- sions ago that the Senate adopted in words that it had no power to sion to which he has alluded. The last expression of the Senate do anything except that which was executive in its chMacter. I shall upon the subject, if I am not mistaken, was made upon the resolu- vote therefore that it is not in 01·der to entertain this resolution ; and tion of the Senator from Mississippi, [Mr. .ALCORN,] and in that ex- if it be ruled in order, as I presume it will be, then I will vote against pression the Senate decided by a vote of 25 to 19 that a resolution of the resolution as most tmwise. this chMacter could be submitted. l\fr. SHERMAN. This is the clause in the Constitution under which I shall make no further remarks upon the subject, but allow the we are now convened. Defining the duties and powers of the Presi- question to be determined. dent, it says: Mr. SHERMAN. I have but a word to say about this matter. I He may on extraordinary occasions convene both Houses, or either of them. am afraid the Senate will do to-day what it has very often done, con- fuse the qnestion arising upon the point of order with that of the He may convene the Honse of Representatives, he may convene the propriety of the appointment of the committee. That the Senate Senate on extraordinary occa-sions; but there is nothing in the Con- of the United States have the power to pass this resolution I do not stitution, there is nothing in parliamentary law that declares what think there can be any doubt. That the Senate of the United S~ates, we shall do when we are convened. When we are convened, we are although sitting in a called executive session, may authorize a commit- convened as the Senate of the United States with full power to do tee to make inquiries even for a legislative purpose I do not think anything that we may do by ourselves. We have no power to pass tl;tere can be any doubt. The Senate of the Unit.ed States is a perma- Jaws because we cannot pass laws except with the assent of the other nent body. We have the same power now that we would have if House. \Ve have no power to make treaties except with the as ent the House of Representatives was present, except only that we cannot of the President. But wemaynowdo anything in theworld that we pass Jaws; but we may inform ourselves, may prepare ourselves, and a-s a Senate can do except to make laws. seek information wherever we choose. Mr. HAMLIN. Will the Senator allow me to ask him if we can do I shall vote against the resolution of the Senator from Arkansas this, will not his doctrine allow us to pass all the bills we may deem because I do not think we ought to organize this committee. While necessary here until the 1st day of December next and then send I shall vote against it on that ground, at th·e same time I have no them to the House¥ If we may do anythi.IJg we please, the Sena- ::loubt that the Senate of the United States has the power and the tor's position leads him to that. right, if it choo es to exercise it, to pass a resolution of this kind. Mr. SHERMAN. On the contrary, we cannot send a bill to the Therefore, while I am against the resolution of the Senator from Ar- House because there is no Rouse here. kansas, I would not bind the Senate not to pass a resolution of this lli. HA.l\ILIN. But we may pass bills, if the Senator's position is kind. . correct, and have them ready to submit to the House when they Mr. HAMLIN. I suppose the Senate in one sense hsts the·powerto come. . do anything it pleases. I believe that is about the result when you Mr. SHERMAN. I am inclined to think we cannot. There is an- come to the quest.ion of power. Under the Constitution, however, I other provision of the Const~tution that comes in there. We mnst think that the Senate has no earthly power or constitutional right sit, here acting on legislative bnsiness with the assent of the other to pass any such resolution which is legislative in its character or House, because there is a provision of the Constitution which declares looking to any matter upon which legislation is subsequently to be that neither House can adjourn, without the consent of the other, for had. more than three days. That would exclude the action of the SeuaLe Mr. SHERMAN. I should like to ask my friend a question. This in the mode suggested. But I say when the Senate of the United committee is proposed to go into t he Indian country where reside States is here convened, we may discuss any subject we choose; we tribes with whom we have existing and subsisting treaties. As a ma,y consider any question we please; we may seek any information matter of course, the Senate may inquire in regard to every treaty that is desirable to us or that may be useful to us. There is nothing whether a treaty should be modified or cha.ngecl. Surely, we have the to prevent us except our sense of what is best and right under ali the power to send a committee to the Indian country co\·ered by a treaty circumstances. · to get any information we may choose to have which may bear upon Mr. MORTON. Mr. President-- that treaty. It maybe put upon that expres ground. Therefore we Mr. WRIGHT. Will the Senator from Indiana allow me to ask have the power and it is within our province. a question of the Senator from Ohio f Mr. HAMLIN. If you can show me that it is business of an executive Mr. MORTON. Certainly. character, then and ouly then wiU I agree with the Senator from Mr. WRIGHT. I understand the Senator from Ohio, while he con- Ohio. But that we have a right-under the Constitution to raise com- cedes that we cannot pass a. bill, says that in this case we may organize mittees to perambulate this Union for any purpose, although it has a committee with a view of obtaining information ancl looking to been done heretofore, I utterly and wholly deny. I deny that you legislation in the future. Now, if that be so, will he tell me what have any right to authorize the withdrawal of papers from the files the difference in principle is between that case and this: a bill intro- and to be delivered to the parties. We Me called here for executive duced and referred to one of the stand.i:llg committees with a view of pnrposes and for nothing else, and there is no other earthly business investigation and inquiry to report at the next session of Congress, which we can rightfuly do. I know I am talking directly against what not to report at this session, no action to be taken upon it except the Senate has done and directly against what it will uo; but such that a bill may be introduced and referred ancl the committee may is my view of its authority. examine and investigate with a view to report at the next session, · Mr. MORTON. I would ask the Senator from Maine this question, and 110 action now taken beyond that. In principle what distinction what is the difference in principle or in power between appointing a is there between that case and the one proposed in the resolution Y standing Committee on Indian Affairs, which we created yesterday, 1\lr. SHERMAN. The Senator from Indiana has the floor and will to consider all legislation in regMd to Indian matters, anrl appointing no doubt answer the question. a special committee of the kind designated by ~his resolution¥ Mr . .MORTON. A resolution lies on the table which I offered on Mr. Hll.ILIN. The committee to which the Senator refers is a the first day of this session and upon which I was told this same ques- part of the organization of this body. I do not deny that we may tion of order would be raised. I was therefore at some trouble to ex- organize, and do all things that Me necessary to organize this body ; . amine into what had been the action of the Senate in executive ses- but when you propose to raise a committee on Indian affairs or any sions, and although it" has not been uniform, yet the general current other committee for purposes of legislation, you have no right to do of that action has been to recognize the power of the Senat-e to do it. There maybe nominations referred to that committee; but there anything at a called executive session that did not require the co-op- is no purpose for which you can raise committees at an executive eration of the House of Representatives. The passage of a bill does session except to dO" executive business. require the co-operation of the House of _Representatives, and there- 1\i.r. HOWE. What makes you think soT fore you cannot pass a bill at this session and have it lie over till next Mr. HAMLIN. The Senator from Wisconsin asks what makes me winter and then go before the House of Representatives. That bill think so. I answer the Senate is a part of Congress when the House cannot get before the House then for other reasons than the one named of Representatives is in session, and it is not at any other time a part by the Senator from Maine; but whatever the Senate can do when of Congress. It is an executive body convened solely and exclusively the House is in session that does not require the co-operation of the for executive purposes. I o-o a step further. I hold that when the House, that the Senate can do when the House is not in session; and President sta.ted ill his pro~amation that he convened us for the pur- I think that is the general cmrent of the precedents of the Senate. pose of con ·idering such subjects a-s he should communicate to us we Mr. ITAULIN. Let me a.sk the Sena,tor a question. This is a per- were limi tecl by that proclamation to the subjects for which we were petual body. \Ve may pass bil.lR and keep them here. Why should convened; and when we overstep that limitation we may uo anyt.h ing we not do that and send them to the House of Representatives at its else that is of an executive character or as we have done. I believe next ses:;ion' Will the Senator answer me that~ • • 1875. CONGRESSIONAL RECORD. 27 Mr. MORTON. I think I could answer that. I think there is a :Mr. President., if yon can introduce and pass a resolution of this rule under which such a bill could not be sent there. We have a kind, that is purely legislative in its chara.cter, where are yon to stopf rule, I believe, under which business passed at one session may go Why might you not introduce a bill, and, if you cannot pass it, why over to the next session of the same Congress, but that does not apply not read it the first and the second time, refer it to a committee, have to an executive session. I am speaking now, however, upon what a 1·eport upon it, read it the third time, and have it up to the point of ha been the general cun·ent of the actwn of this bod:v with some its final passage when Congress shall convene on the fu·st Monday of exceptions, that thA Senate can do when the House of.Representar December next¥ If you can do the one thing, where are you to stopf tives is not in session anything that it can do by itself when the That will not do, l\ir. President. We must confine ourselves to that House is in session, and I think the reason is precisely the same. which the Senate sitting alone, when there is no session of Congress, But I wantto suggest another pointtotheSenatorfromMaine, who has the power to do, and it has no power whatever to do one single understands these que tiona much better than I do; and that is, that legi lative act; no more power than any seventy-four gentlemen of if the objection is well taken, it is not a question of order and it the United States who might get together have power to do legisla- cannot be made a question of order. It is a question of power. It tive acts. might just aa well be said, if a bill to charter a railroad to run Inasmuch then as this resolution looks directly to legislation and through the States of this Union should be introduced at the regular to nothing else, and is a thing, therefore, that it is incompetent for the session of the Senate, that it would be competent to raise a point of Senate to act upon, as it seems to me, I think it perfectly proper to order and say that Congress has no power to pa s such a bill. That make the point of order that it cannot be received. I think the is the question to be determined not on a point of order, but by Con- Senator from Connecticut might have objeGted to the reception of gre sitself. Therefore the question whether the Senate has the power the re olution, and I do not know but that he diu at the very time it now to pass this re olution is not a question of order to be determined wa offered, a-s being a proposition upon which the Senate at this primarily by the Chair; it is a question of power to be determined by session has no right to act. That raised the question of order , and the Senate, just aa in the case supposed the question of the power to that raised a question of order for the decision of the Senate, because, incorporate a railroad to run through the State would be determined however the Chair may decide it, there may be an appeal, and the not by the Speaker of the House or the President of the Senate, but by Senate ultimately makes the decision. Congress itself. Therefore it seems to me that this question ca.nnot I think, therefore, :Mr. President, that notwithstandin~ there are be raised in the first place as a point of order, even if it is well taken; precedents both ways on this question, the true doctrine IS that th is and in the second place I think the general current of a-ction on the resolution is not in order, and the objection made by the Senator part of the Senate is the other way. from Connecticut ought to be sustained. - :Mr. HOWE. Mr. President, it seems to me the Senator from Ohio 1\Ir. BOGY. Mr. President, I do not agree with the Senator from [Mr. SHERl\IAL~] stated the true rule. Though we are convened by Ohio that this resolution looks to legi lation at all. The object is to an executive order and for executive business, we are convened; obtain information for legislation after a while or at the next se sion this is the Senate, and the Senate can do to-day whatever the Senate of Congress. There is no purpose to bring about any le~islation at is capable of doing alone at any time. It eems to me the reason is this session of the Senate. The object of the committee IS to obtain very man'ifest why you cannot pass a bill to be considered by the information in regard to a very important question, so that the fact-s House of Representatives at the next session. That reason is this: elicited, the information obtained by the committee, may be laid be- .it is legislative power which passes a bill, and the whole legislative fore Congress when Congress meets next winter. It does not look to power is vested by the Constitution in Congress, and Congress con- legislation at this time at ap. It is true the word " legislation" is sists of two Houses, the Senate and Hou e of Representatives; and in the resolution, but the very language employed excludes the idea so you are careful to recite in every bill which goes from either of legislation at thl"' called session. It is merely to obtain informa- House that it is an enactment " by the Senate and House of Repre- tion, as was done two years ago when a committee was appointed upon sentatives in Congress assembled." If you were to prefix such a reci- transportation. There was no legislation required on that subject tation as that to a bill considered by the Senate to-day and sent by at that called session of the Senate. The object wa to obtain infor- and by to the Honse of Representatives, you would recite a false- mation to be laid before the following Congress. That committe~ was hood. Cong1·ess is not as embled, and it would not be passed by the appointed at an executive session, and my friend from Minnesota two Houses assembled in Congress. [Mr. WINDOM:] w~ made the chairman of it. It was appointed at a This is the mere con titution of a committee, differing from that ses ion precisely like this; but it wa-s not for the purpose of legisla- great number of committees you constituted yesterday only in the tion at that session of the Senate, nor does this re olution look to fact that this is a special committee and those are general standing legislation at this time at all. It precludes the idea by it-s very committees. But if you can organize in an executive called e sion words. It does say that the committee is to ascertain what legisla- of the Senate committees for general purposes, I cannot understand tion may be necessary hereafter; not that that legislation may IJe what reason should be urged why you cannot organize a committee for performed or done at this session ; it lS to be done hereafter. The a special, specific purpose. I shall vote that this resolution is entirely whole object is to obtain information. in order, and I wish the Senate would keep that question distinct in Whether it be expedient to pass the resolution or not is another its mind from the other question as to whether the resolution is ex- que tion; but that it is in order it seems to me there can be no donut. pedient or not. I have as yet heard no reason offered why the resolu- I think it is entirely different from the resolution offered by my friend tion should be adopted; but I am just as unable to discover any from Indiana, [Mr. MORTON.] I think that does look to legislation. reason why we should deny to the Senate the power of adopting it if Mr. MORTON. May I ask the Senator whether a question of power it be a proper one. under the Constitution is a question of ordert Mr. THURMAN. Mr. President, it seems to me that the principles :Mr. BOGY. I am. not prepared to answer that question. I am not upon which this question turns are very simple. There is no Con- sufficiently versed in parliamentary law to speak as to that. I can- gress now in session. There is no Le~islature of the Union now in not pretend to be ablo to answer the question. But looking at this session. The Senate when convened m executive session or special matter a-s one of mere power, if it be competent to appoint a commit- session, when the House of Representatives is not in session at all, tee at all, it is competent for us to raise the one now proposed. Why is not a legislature. It is simply a body to whom the Constitution were committees appointed at this session at allY If the Senate has confides certain duties in connection with the Executive : the power not this power, why has it raised any committees at this session 7 to ratify trea.ties; the power to confirm nominations; and the power They are perfectly mtgatory for executive purpo ·es, excepting per- of course to decide upon the qualifications, returns, and elections of haps one committee, the Committee on Foreign Relations, becau e its own members. That is nece~a,rily inherent in the Senate, and it that committee might be necessary to act on treaties; but in regard has a right to decide any such question at any time; but it has not to the other committeeR, they amount to nothing except a few t o con- one particle of legislative power, for it is not a legislature. There sider nominations. is no Legislature of this Government except when both Houses are As I said, this resolution does not look to legislation . The very convened. idea of legislation is excluded by its words. The object is to appoint Then t.h e question is, does this resolution belong to the category a committee to ascertain and obtain certain facts; and while I am up of legislative business Y If it belongs to anything that pertains to I will say that I do think t.he resolution ought to pass. The only the treaty-making power, or to the confirmation or rejection of nom- fear I have is that I might be placed on the committee, and I do not inations, then all is well; but does it belong to either of these cate- desire to be on the committee. I have been enough in the I ndian gories or is it of a legislative character¥ Now let the resolution country in my life, and I do not wish to return there. But wh en we speak for itself: come to consider the condition of our Indian relations at this day, Ruolved, That a committee consisting of four members of the Committee on In- especially the condition of the country bordering on Arkansas and dian Affairs and three members of the Committee on Territories makinrr seven in Missouri, I do think it is of very great importance that a committee all, be appointed to visit the Indian Territory during the recess of the Se~a.te, with be appointed to go down there aml ascertain the sentiments and authority to inquire into the condition of affairs in that country, the manner in views of those people. It is a question which will come before the which justice is administered, and the wants and cap:wities of the lawful inhabit- next Congress, aud it is one of great import.ance, and we cannot get ants thereof with respect to self-~overnment; and to r eport at the ne11..-tsession of the Senate the result of their inqUiry and what legislation, if any, is needed. too much information on the subject. I do think a committee could be employed most usefully in obtaining all the facts belonging to the The resolution in its very terms looks to legislation; there is not question. one word in it that bas any connection with the .treu.ty-making power, Mr. CLAYTON. Mr. President, what we are ~old we cannot do we not one word in it that has reference to a.ny trea.ty made or to be have been repeo:J.tecUy in the habit of doing. We havo dono thisthiug made; it is wholly and entirely a resolution looking to legislation, in the last two days. We have raised committees her , which no one belonging to legislation, and belonging to nothing else. _ ha.s q nestioned; and this whole question must be after all settled 28 CON:GRESSION.AL RECORD. MARCH 11, upon the right or power of the Senate to raise committees. We have For the e reasons I shall. vote against the resolution ; but on the raised a Committ,ee on Levees of the Mississippi River. What was point of order, believing the power is in the Senate, I shall vote that that committee for ? Was it to send Executive -communications toY the resolution be received. No, it cannot be for that. Was it to consider the confirmation of ap- 1\h. MORTON. Mr. President, I agree with the· Senator from point ments. It canno_t be for that. If it was for anything it was California in his general statement, but not in his conclusion. I am for the purpo e of getting information for the benefit of the Senate. advise-d that the Indian are oppo ed to the policy to which he refers. We have raised a Committee on Transportation. What was that for' I believe that a committee of Senators ~oing down there 'vill ascer- If it was for anything it was for the purpose of getting information tain that fact and report thetrnth to this body. We have had many for the benefit of the Senate. We have raised a Committee on Rail- conflicting statements. I shall vote for the organization of the com- roads. That must have been for the same purpose. 'Ve have raised mittee for the very purpose of getting at the exact truth in regard to a Committee on Education and Labor. That it seems to me must the sentiments of the Indians and what will probably be for their have been for the same purpose. .And so I might go on to enumerate best interests. . various committees appointed at this session. Mr. CLAYTON. :Mr. President, I did not think that I should be This is not a question as to whether the committee when raised drawn into any discussion of the merits of this resolution. I did not shall have power to ·go here or there; it is a question, can you raise desire to discuss them at this time. When I introduced the resolu- a committee which may investigate que tions that may hereafter lead tion I stated distinctly that it was not my desire in doing o to erve to legislation. This proposition is one for the purpose, if for any on the committee. I said this morning that it was my intention purpose, of getting valuable informat ion for the Senate. When f when this point of order should be decided, to allow the resolution to Not now, but hereafter. It may lead to le~islation or it may lead to lie on the table to be called up at some future time. I want it dis- nothing. It seems to me that if you sustam this point of order and tinctly understood that so far as the introduction of this resolution decide that this resolution cannot be considered at this time, then you is concerned, it has n0 reference whatever to the opening up of that might with equal propriety have rai ed the same point in rega.rd to country to white settlemnet. So far a I am concerned, I am satisfied nearly all the committees you appointed yesterday. with the lights before us that that thing ought not now to be done. I did think at one time that I would propose to strike out the few This question was before the Committee on Territories upon which words of this resolution which make it the duty:· of the committee to I had the honor of serving, and it is well known what my views were report to Congress certain things, and among others ''what legisla- then. I had the honor of reporting back here from that commHtee tion, if any, is needed;" but I do not think I shall do .that. I think that it was inexpedient to take any action upon the que tion of open- I shall allow the resolution to stand. I want to say here again what ing up that country; but it is a fact to which we cannot hut our I said before, that I hope Senators will consider this question as a eyes that there i a country which is so far as we are concerned question of order at this time. If the re olut ion shall be decided to almost a terra incognita. They have no newspapers there. It is an be in. order, then it will be time enough for Senators to say whether encroac~ent for a white man to go into the country. Yon get your the resolution is wise or unwise. information from whom Y From such persons ns assemble here arOlmd The VICE-PRESIDENT. . The question is, Shall this resolution be Congress for the purpose of lobbying through schemes, and perhaps received' from such persons as are interestedin carryin~ out contracts with the Mr. CLAYTON. I think we had better settle the question by yeas Indians. I think it is time that we should look into the e dark places, and nays. The1·e may be other resolutions of the same kind. that we should haYe some information as to what is going on in these The yeas and nays were ordered. • dark corners of this country. For myself I cannot see how any harm Mr. _,ARGENT. Upon the point of order I intend to vote that it can come from a careful investigation by such a committee as the Pre- is within the power of the Senate to receive this resolution. I shall siding Officer of this body would select. I believe that if such an in- do so because I think the Senate has this power and has exercised vestigation could be had, you would find ample :field for correction and it upon a great many occasions, and I should be very sorry to have a reform a.s to affairs in that region. We have means of knowing what precedent deliberately set which would prevent us hereafter from is going on in the States. Our newspapers inform us, the telegraphic acting upon matters of this nature. wires inform us, and we have various other means of information. I say that in explanation of my vote upon that proposition ; but But here is a vast country nearly six hundred miles in extent with a when the question shall come upon the passage of the resolution, I large population of illiterate people in it, wards of the nation as it propose to vote against it. For a number of years past, since the time were, about which scarcely any man knows anything. It is our duty when perhaps somewhat improvidently large grants of land were made to know concerning this people and this country, n,nd we have no to railroad across this Indian Territory, we have had tbi question other and no better way of knowing than by sending an intelligent presented to us in diver forms, a continual pressure exi ting in the committee of this body to investigate. halls of Congre and by conventions elsewhere to give effect to those Sir, I shall say no more upon that subject now. I should not have grants and enable the companies to obtain tho odd sections in broad said this much had not it been for the remarks of the Senator from belts running in various ways a.cross that Territory. I do not know California. I say now, however, once for all, that so far a I am per- but that ultimately the original grant of Congre , whether provi- sonally concerned, I am not prepared by any means to say that any dently 6r improvidently made, will have full eftect given to it; but duferent form of government should be established in this Indian before that time comes, in my judgment, it is necessary t hat the country than what we have now. But we have heard in both branches Indian question in that Territory shall be in a degree of solution of Congress that the marshal's office, the judicial system there, was which it bas not at the present time. abused. We have heard of various abuses. We have heard of m n By many treaties of the United States, we have guaranteed to the banging around Congress telling us that the Indians wanted this aDLl Indians the po sesRion and the fee of lands within the Indian Terri- that the Indians wanted that; that they ought to have this and that tory. Tho e treaties and arrangements were made years ago, before they ought to have that. I say we cannot gauge our action by any . the West was settled up, before there was a neces ity for commercial such uncertain information; bnt if we would govern these Indians ent erprise to utilize that land; and consequently those treaties are wisely and well, we should first know what they want, we should somewhat inconvenient for railroad companies and others who desire :first know their exact condition, and we cannot know that unless we to traverse that territory. I think there is mu_ch in the obligation of put the eye of the Senate upon that country and upon that condition. the Government to protect the Indians in the _rights which we have It bas often been said that committees of this body were the eyes given them, and therefore believe this movemeut premature. I am and ears of the Senate. So they are. They are about the only eyes opposed to the resolution. and ears that we have, especially as it relates to that distant country. Furthermore, and perhaps as an entering-wedge for the same mat- I hope, however, that this question at this time will not be considered, ter, this resolution embraces the idea of a change in the form of gov- but that we shall simply decide as to whether it is within the power ernment of that Territory. We very well know that to this the of the Senate at this called session to raise a committee which may, Indians are opposed. With the exception of some few, they have in any way, lead hereafter to legislation. protested a~inst it in every .form in which their protests could reach Mr. STEVENSON. .Mr. President, I do not doubt the power of the Congress. Tney have claimed that they are advancing in civiliza- Senate to raise this committee. I think, however, it would be con- tion tmder their present regime; that by excluding white men from trary to the usage of the Senate to do it at a session like this. · I think the Territory they are not only learning self-government, but they that it would be unwise to change that established usage. I agree are protecting themselves from many corrupting influences and many with the Senator from Maine in what he so clearly said as to what frauds which otherwise they would be liable to. I think there is has been the pa-st usage of the Senate, and I agree with him that the very much in the protest that is made by these Indian tribes, and I rule ought to be stable, and that we should adhere to it when it is look with some jealousy to any movement in the direction of throw- settled. ing that Territory open to traversing railroadi, of introducing white I remembered that in 1873 at an executive session a petition was men among them, or overthrowing the government which at present offered; a question of order was raised on it; and I turned just now at any rate is doing some good among them. The time may come to the RECORD to see what was then said on thesnbject. In the pro- when with the furtner .advance of the Indians to a higher state of ceedings of the Senate on the lOth of March, 1873, I find the fol- civilizatioD: and by a segregation of their lands so that they will lowing: hold them m everalty we may be able, safely to them, to allow the Mr. FEXTON. I present the petition of S. ;r_Warren and others, praying for tho influx of a white population. Certainly that time is not now; but passage !>f an !l-et for the .relief of Willlilm ~o~l, late private Thirty-s b.."th R egi- that time will be hastened whenever the railroads can be run through ment W1scons m Volunteers; and also the p titwn of J'a mes \V. Ogle and others, the TelTitory, for otherwise the railroads will simply rnn through a prayinu fo r tho p as age of an ac t for the r elief of Chn.rles W. B errv, late a private tunnel withoLlt business or population along their line and without of tb e 'Thir ~y-six:th Regiment Wisconsin Volunteern executive tain and adopt this re olution, then you can only do it by unanimous council. consent, says the Senator from Connecticut; yon can do it, and have • Now the resolution of the Senator from Arkansas looks to legisla- done it, by unanimous con ent. 0, no; not if the Constitution says tion. With the question of legislation we cannot deal in our present you shall not do it. It takes a little more than unanimous consent. capacity, and the question arises can we legitimately and properly deal Whoever consents to it tramples on the Constitution. If it is out of with anyquestion incidentally connected with legislatiou T It seems order, I take it, it is because some rule of the Senate or some recog- to me therefore that the point of order is well taken by the Senator nized rule of parliamentary law says so. Where is it f There is none. from Connecticut. I think it woulcl be wise policy in the Senate at But the Senator from Connecticut, with whom I heartily sympathize, the present session to limit its action entirely to matters pertaining says that he does not care so much how this question is settled, but to our duties as members of a Senate convened in executive session, he wants it to be settled and to stay settled. I take it there is only and not to go beyond them and attempt to institute any inquiry in one way to effect that, ~<.~.nd that is to settle it with egg-shells. He reference to legislation in the future. It would be very unwise polic:y-1 understands it to have been settleu and he cites us to the case where and therefore I shall vote to sustain the point of order, and I shall in an executive ses ion in 1873 there was a decision of the Senate of vote against the resolution hereafter if it comes up on its me1·its. At the United States upon a question quite similar to this; the yeas and pre ent I shall vote to sustain the point of order raised by the Senator nays were called, and the Senate voted by 31 nays to 20 yeas that it from Connecticut. was not in order to offer a petition in an executive se sion and have The PRESIDING OFFICER. With the permission of the Senate it referred to a standing committee of the Senate. Bowing to the au- the Chair will refer to the record and state the precise question be- thority of that deci ion of the Senate, I withdrew wHh alacrity, if :tore the Senate. not with cheerfulness, the petitions which I had ha<'l. the honor to Mr. CLAYTO~ submitted the following resolution for consideration- offer; and thereupon, in the very next moment of the life of that The resolution now pending ; the Chair will not read it- Senate, I procee(lecl, with unanimous consent, I suppose, to trample Mr. FERRY, of Connecticut, objected to the reception of the resolution on the npon this rule by moving t.he Senate- !!rOund that at a session of tho Senate specially called by the President business 1 That the Committee to Audit and Control the Contingent Expenses of the Sen- of a legislative chara{lter, or looking to legislation, cannot be entertain en. ate be continued a.nd authorized to sit during the recess of the Senate. The VICE-PRESIDENT submitted the question on the reception of the resolution to the Senate ; and And this body of parliamentary lawyers, which would not allow After debate me to offer a petition, allowed me to make that motion, and the Sen- Ordered) That the further consideration of the question be postponed to to-mor- ate entertained it and agreed to it. But later still a more flagrant row. violation of this rule of order wa.s attempted and it was debated The question therefore before the Senate is the reception of the again, and the Senate divided again upon it. That was when in the resolution at this se sion. same session, on the 26th day of the same month, the first vote having Mr. CLAYTON. Is that a question which can be raised at this been taken on the 17th, the Senator from Mississippi offered a resolu - stage of the proceeding Y · tion not in the exact words but of the exact purport, so far as this The PRESIDING OFFICER. That is the question befor e the rule is concerned, of the resolution moved by the Senator from Ar- Senate. kansas- a resolution in these words : Mr. CLAYTON. Can any one in offering are olution or bill be cut Resolved, That the Select Committee on t.he Levees of the Mississippi River be off by any other question than a question of order Y How. comes it authorized to sit during the recess, and to investigate and r eport upon the condi- that the reception of this resoln+.ion is stopped unless it be upon a tion of the levees of the Mississippi P.iver; also, upon the propriety of the Govern· question of order T I was taken from my feet by the Senator from ment of the United States assuming charge and control of the same, with a view to their completion and maintenance; and that they have power to employ a clerk, Connecticut on the que tion of order. If we are not upon the question and that the e~:penses a.ttenuing this investigation shnll be paid out of the contin- of order, then was l properly taken from my feet, and was this ques- gent fund of the Senate, upon vouchers approved by the clmirman of the select tion of the r eception of the resolution properly raised '1 committee afores:rid. The PRESIDil.~G OFI<'ICER. The Chair can only decide upon the Contemplating leo-islation as broad, if not as important, as that que tion before the Senate. The Chair understands the question aimed at by the reso,ution of the Senator from Arkansas. The point before the Senate is on the reception of the resolution proposed by of orderwas raised against that resolution. That was debated. The the Senator from Arkansas. The question is therefore, Will the Sen- Senate divided on that, and then the Senate decided by a vote of 25 ate recei ve the resolution at this session, on which the yeas and nays yeas to 19 nays that this resolution was in order. Now I appeal to are ordered. the honorable Senator from Kentucky, if he means to stand by the Mr. CONKLING. I wish to say a word, not by way of arguing this deci:sion, if the rule of stm·e decisi,s is what controls him, here is the question but by way of stating the ca e as I understand the ?ase upon latest decision, so far as the quotations go down to this hour, and I which I am to be called to vote. A Senator offers a resolutiOn . An- summon him upon his allegiance to the authority of the decisions of other Senator raise upon it a que tion of order. The point presented the Senate to stand where the Senate last stood, and let us consider by the question of order is, that being a resolution looking to the it ettled· by the authority of this la~t vote. legislative province of one Honse of Congress, it is not in order at a. 1\lr. CLAYTON. I would like to remind the Senator from Wiscon- se sion like this of the Senate, unaccompanied by the presence of the sin of one other fact connected with the petition to which he referred. House of Repre!entatives. I believe the point of order standing alone That petition was addressed to the Senate and House of Representa- is well taken; and yet I believe, voting upon the question really pre- tives and asked for legislation. It asked for the action of both sented to the Senate, I shall be constrained to vote in favor of receiv- Hou es and was addressed to both Houses. It can readily be seen ing the resolution, and my reason for that I will endeavor briefly to that is not a parallel case to this by any means. make clear. Mr. FRELINGHUYSEN. I am opposed to this re olution because If this resolution points to legislative action and to nothing else, I think when the subject it concerns is entered upon, it ought to be the point of order applies to it. If, however, the re olution ha~ any- more in detail by a concurrent resolution of the two Houses, directing thin~ upon which to stand regardle s of the ultimate purpose of em- the committee specifically at what points to direct their investigation. ploymg the information to be gained, or anything else to flow from As to the point of order I have but a word to say. It does not seem it, for purposes of legislation, then I conceive in that aspect the reso- to me that it is exactly a point of order; it is a point of power; and lution is not open to the point aimed at. I think the Senate ought to hesitate long before they delibera.tely Perhaps the distinction is as clear as I can make it by one of the come to any determination that restricts their powers. :My opinion is precedents to which my honorable friend from Wisconsin referred. very clear that the Senate has a right to obtain information in any He said, if I under tood him, that the Senate having ruled that leg- way, to pass resolutiop.s, to appoint committees to obtain information. islative business was not in order, the Senate unanimously allowed I am very clear that the Senate bas a right to give information. It him to trample upon that rule- if that was his expre ion-by offer- may be very important to certain branches of the Government that ing a resolution continuing in recess the Committee on Contingent an expression of the opinion of this body should in certain emergen- E.x penses. It seems to me that he did not trample upon the rule, or cies be made, and therefore I am not in favor of taking any action depart from it, at all. Why '1 Becan e the Committee on Contin- which will restrict the power of t his body, while I shall vote against gent Expenses might be coutinued, as in truth it was continu ed, for the resolution on it merits. purposes havino- necessarily nothing to do with legislation. _ Mr. SAULSBURY. I am fearful that we shall fall "into error with Here is a rescl.ution the purpo e of which is to acquire information.. reference to the power of the Senate. With the Senator from New Whether it be expedient to adopt it or not, I say nothing ; but upon Jersey I should be sorry to see this body :;~.ttempt to curtail its power, the question whether it be admissible at this session, I say this : but at the same time it is well to ascertain exactly what our power Suppose the committee were to go, as the resolution suggests, and is. We are now convened in extraordinary session, and certain it is suppose they were to find that in the administration in the region of that in our capacity as a Senate, convened under the proclamation of country pointed out which should show malversation in office in those the President of the United States, we do not possess the powers performing duties there, what discretion of the Senate would be which we or dinarily possess when we meet as a legislative body. addressed by that information Y The legislative discretion of the 1875. CONGRESSIONAL RECORD. 31 Senate t Not at all, but the Senate as it sits as an executive council, The PRESIDll.'TG OFFICER. The resolution of the Senator from acting in conjunction with the President upon the question, among Arkansas for reception is before the Senate. On its presentation the others, whether a given officer should be or should not be continued Senator from Connecticut objected to its reception. The question in his place, whether if a nomination be made to remove him that then was will the Senate receive the resolution at this session, upon nomination shoulu be confirmed, the effuct of it beinl; to vacate as to which the Senator from Rhode Island rose ancl moved to lay the sub- him the office he holds. So I can suppo e, without bemg imaginative, ject of reception on the table. The question now before the Senate · many another instance to which the information acquired under a is, will the Senate lay the subject on the table. resolution like this miO'ht be put. Mr. 'BAYARD. That carries the whole question. Accordingly, when the Senator from Connecticut says we must re- ~h. CLAYTON. Now I want to understand this thing-- fuse this re olution because we are not a legislative hody, I concede Mr. HAMLIN. The motion is not debatable. his premises, but I deny his conclusion. I say that it is not necessa- 1\lr. CLAYTON. I do not propose to debate it. I want informa- rily a resolution appealing to the legislative power or function of the tion. ["Order," "Order." ] The proposition-- Senate, and therefore when the question is put, which the Chair is The PRESIDING OFFICER. Is there objection to the Senator about to submit, being purely :t question of order and having as I from Arkansas making an explanation¥ The Chair hears none. think nothing to do with the expediency or wisdom of pa-ssin~ the Mr. CLAYTON. The proposition of the Senator from Connecticut 1·e olution, I shall be compelled to vote that we can, without VIolat- is that this resolution is not in order, as I understand, and he makes ing the rules of the Senate, without transcending the attributes of the proposition-- a sesSion of the Senate convened as this is, proceed to consider, if you 1\!r. THURMAN. I call the Senator to order. please, that resolution and to dispose of it upon its merits, whether The PRESIDING OFFICER. The question is not debatable. The the disposition be in the affirmative or in the negative. motion is to lay on the table. Mr. CLAYTON. As the resolution has not yet been received bythe Mr. ANTHONY. I£ I can do so after the yeas and nays have been Senate, I will modify it in the manner I ha.vo indicated. ordered, I am willing to allow my friend from Arkan as to speak on The PRESIDING OFFICER. The resolution vtill be reported ::tB the subject. I did not make the motion to lay on the table in modified. order to cut off debate, and I will withdraw it if be wishes to speak. The Chief Clerk read as follows : Mr. CLAYTON. I do not want to debate. I want information. Resolved, That a committee consisting of four members of the Committee on It seems to me if you undertake to lay this question on the table- - Indian Aifairs and three m mbers of the Committee on Territories, making seven Mr. EATON. Order! I call the Senator to order. in all, be aprointed to visit the Inilian Territory during the recess of the Senate The PRESIDING OFFICER. The question is to lay the whole with authonty to in?aU:~~~to the condition of affairs in that country, the manner in which justice is a · ·stered, and the wants and capadties of tho lawful in- subject on the table. That motion is not debatable. hauita.nts thereof with respect to self-government, and to report at the next session The question being taken by yeas and nays, resulted-yeas 40, nays of the Senat~ the result of their inquiry. 22 ; as follows : Mr. CLAYTON. Now, Mr. President, I think perhaps the Sm1ator YEAS-Messrs. Anthony, Bayard, Booth, Boutwell, Burnside, Cameron of Wis- from Connecticut will withdraw the point of ordor. I£ he has list- consin, Caperton, Christiancy, Cockrell, Dawes, Dennis, Eaton, Edmunds, Ferry ened to the reading of the resolution he will ob erve that I have of Connecticut, Frelinghnysen, Goldthwaite, Gordon, Hamlin, Ingalls, .John on of Tennessee, .Johnston of Virginia, .Jones of Florida., Kellv, Kernan, McCreery Mc- struck out everything which relates to legislation in any way what- Donald, McMillan, Maxey, Merrimon, Norwood, RanO.olph, Sargent, Saulsbury, ever. Stevenson, Thurman, Wallace, Whyte, Windom, Withers, and 'Vrig:ht-40. Mr. FERRY, of Connecticut. Striking out the word "legislation" ""AYS-Messrs. Alcorn, Bogy, Bruce, CameronofPennsylvania, Clayton, Conk- makes no difference in the character of the resolution. ling, Conover, Cooper, Cragin, Dorsey, Ferry of Michigan, Hitchcock, Howe, Logan, Mitchell, Morton, Oglesby, Patterson, Robertson, Sherman, Spencer, and 1\!r. CLAYTON. It leaves the resolution in this attitude, then : West--22. This inquiry may be directed to the proposition of treaties with the ABSENT-Messrs. Allison, Davis, Hamilton, Harvey, .Jones of Nevada, Morrill Indians, which is certainly a que-stion that rests with this body; it of lliine, Morrill of Vermont, Paddock, Ransom, and Wadleigh-10. may be directed to the manner in which the Federal officers there are So the motion to lay on the table was agreed to. performing their duties, and that is a question which relates to this body to a certain extent and does not call for legislation. EXECUTIVE BUSTh"ESS. Yon will remember, Mr. President, that one of the treaties with Mr. CAMERON, of Pennsylvania. I move that the Senate proceed the Indians inhabiting that country permits a certain government to to the consideration of executive business. be established ove-r them-an Indian government. The provisions of ·Mr. THURMAN. Before I vote on that motion I should like to the treaty itself permit that kind of a crovernment; hence you see know of my friend from Kentucky [Mr. McCREERY] whether he pre- that that portion of the re olntion which refer to self-government fers to speak to-day or not. He is entitled to the floor on the un- does not lead to legislation. There is nothing in this resolution :fi.njshed businesR. which can be considered now as pointing to legislation or as legisla- Mr. McCREERY. I believe I would prefer to wait till to-morrow, tion. I think, therefore, that the objection raised by the Senator as I do not feel very well to-clay. from Connecticut might be withd.mwn. I think he will withd.Taw it Mr. MORTON. Before the motion is submitted I desire to suggest if he will reflect upon it. to my friend from Pennsylvania that there may be other Senators Mr. ANTHONY. 1\!r. President, I have no desire to make the mo- here prepared to go on with the debate, and these early adjournments tion I rise to make so long as any Senator desires to discuss this are protracting the discussion too long. I hope we · hall stay here subject; but if the debate is exhausted, I will, in order to enable us longer each day and finish the discussion within some reasonable to vote and waiving the point of order, which I think is one of very time. great importance a,nd requires considerable discus ion, move to lay l\Ir. McCREERY. I suppose we shall take the vote on the motion the whole subject on the table. I will withdraw that motion if any for an execut.ive session. Senator desires to discuss it. l\Ir. ANTHONY. Will the Senator from Pennsylvania withdraw :Mr. CLAYTON. I rise to a point of order. Can you la.y this reso- the motion long enough to enable me to offer a resolution t lution on the table before it is before the Senate T It has not been Mr. CAMERON, of Pennsylvania. Certainly. received yet. The PRESIDING OFFICER. The Senator from Arkansas raises SEAL FISHERIES OF ALA.SKA.. a point of order. The Senator from Rhode Isla,ncl has moved to lay the whole subject on the table, which covers the question of recep- Mr. ANTHONY submitted the following resolution; which was.re- tion. The Chair overrules the point of order. The question is to lay ferred to the Committee on Printing : the mot.ion of reception on the table. Resolved, That six hunclred additional copies of the report of Henry W. Elliott on the seal fisheries of Alaska, with illustrations, be printed for the use of the 1\!r. SHERMAN. I think we ha,d better take the question squarely. Senate. Mr. ANTHONY. But if we take it squarely, which question do FISH Al-.'"D FISHERIES. we take it on, the point of order, or the merits of the case f 1\!r. SHERMAN. Let us take it on the point of order. l\Ir. ANTHONY submitted the following resolution; which Wru! re- 1\!r. CLAYTON. I have distinctly stated that I did not propose to fen-ed to the Committee on Printing : call up now the merits of the case at all. My proposition is to allow Resolved, That six hundred additional copies of the third report of Professor the resolution to lie on the table. It is merely a question of order Spencer F. Baird, Commis ioner of Fish and Fisheries, wi.h the accompanying that is now raised. When this resolution wn.s introduced thl·ee or document.\!, be printed for the use of t.he Senate. four days ago the Senator from Connecticut raised the point of order PAPERS WITHDRAWN. that it could not be received. Now we are only undertaking to set- tle that point of order; and if that shall be settled so that the reso- On motion of Mr. BURNSIDE, it was lution can be received, then I shall ask that it be laid on the table. Ordered, That the heirs of General Willia.m Ga.tes, deceased, have leave to with- Mr. ANTHOI\TY. 'l'hen I think I shall have the benefit of the vote draw from the files of the Senat~ their petition and papers, on leaving copies of the same.. of the Senator from Arkansas on my motion to ln.y the whole subject . on the table. l\fr. CRAGIN. I wish to inquire where the Senators are who think The PRESIDING OFFICER. The Senator from Rhode Island this bu iness is all out of order Y [Laughter.] moves to lay the whole subject on the table. Mr. CAMERON, of P enn ylvania. ".Mr. President- Mr. CLAYTON. I call for the yeas and nays. The PRESIDING OFFICER. The Chair did not hear the remark The yeas and nays were ordered. of the Senator from New Hampshire. Mr. BAYARD. Will the Chair be kind enough to state the precise l\Ir. CRAGIN. I simply wi bed to make an inquiry whether the question Y order just made and the resolutions offered by the Sena.tor from Rhode 32 CONGRESSIONAL RECORD. MARCH 12, Island were not as much out of order as the resolution offered by the I took occasion during the last Congress at considerable length to Senator from Arkansas. present my views on Louisiana affairs. I appreciate too highly the .Mr. HAMLIN. They are precisely of the same character. respectful attention . with which my remarks were received by the The PRESIDING OFFICER. That matter is beyond the control Senate to think for a moment of entering upon their repetition. In- of the Chair. deed, the facts and figures collected in the voluminous record have EXECUTIVE SESSION. somewhat faded from my memory, and I could not reproduce them if Mr. CAMERON, of Pennsylvariia. When I moved to go into exec- I desired. utive session, I was not aware that the Senator from Kentucky de- I confess my surprise at the course pursued by the honorable Sen- sired to speak. ator from Indiana, for if I recollect aright the identical proposition Mr. THURMAN. He does not wish to speak to-day. contained in his resolution was nilder consideration when h e moved" Mr. MORTON. There are other enators who are prepared. a reference for the purpose of inquiry concerning certain charges of Mr. CAMERON, of Pey;tnsylvania. We have some very important corruption which had reached his ear. I took it for granted that business in executive session which we may dispose of to-day. I something had come to the know ledge of the Senator which amounted think we had better do that. Therefore I insist on my motion. to a printa fame presumption of corruption, or he would not have The motion was agreed to, there being on a division ayes 29, noes taken the responsibility of so grave a charge in this presence. Sup- 21.; and the Senate proceeded to the consideration of executive busi- posing, therefore, that his mind was greatly perplexed by the oppo - ness. After one hour and forty minutes spent in executive session ing forces of two printafame presumptions which were in direct and the doors were r eopened, and (at three o'clock and twenty minutes p. positive antagonism, I naturally concluded that the oonntry might m.) the Senate adjourned. expect a little repo e on this vexed question, and that Louisiana, de- spoiled, throttled, and prostrate as she is, might escape the humilia- tion of h aving her wrongs paraded before a tribunal which is called upon to sacrifice her dearest rights on the altar of a pri1na facie pre- sumption! IN SENATE. It has been repeatedly insinuated, if not directly charged, that the democratic members of this body are encouraging by their silence FRIDAY, JJ[arch 12, 1875. the outrages alleged against the southern people; that they haYe it in their power to restore pe:we by an open avowal of their di appro- Jo~ B. GORDON, a Senator from the State of Georgia., appeared bation· of violence; that one word will alla,y all strife, heal all dis- in his seat to-day. sensions, and establish confidence and good-will town.rd all men. Prayer by Rev. JOH...."i W . CHICKERING, D . D., of Boston, Massa- While our counsels and our admonitions are persistently spurned, we chusetts. do not very clearly understand the large amount of influence for good -· The Journal of yesterday's proceedings was read and approved. EXECUTIVE CO:MMUNICATION. or for evil that is ascribed to us. Our principles, as well as our inter- ests;.make us the fast friends of peace, and the steadfast, uncompro- The VICE-PRESIDENT laid before the Senate a letter of the Sec- mising foes of violence and fraud. We have no armies to fight our retary of the Trea ury, transmitting, in compliance with a resolution battles, and we want none. Our triumph, if it comes at all, as we of the Senate of the 15th of January, 1874, a hist ory of the yellow- believe it surely will, must be achieved by the quiet and enliJ?htened f ever epidemic of 1873; which was ordered to lie on the table and be agency of public sentiment as expres ed through the bauot-box. prillted. ' · Since we have been charged with being the aiders and the abettors COLUMBIA HOSPITAL. of violence and outrage, I may embmce this opportunity of declaring The VICE-PRESIDENT appointed Mr. SARGENT as director of the myself the inveterate enemy of all criminals and of all crime. From Columbia Hospital for Women and Lying-in Asylum. the ruffian who in his brawl will as ault peaceful and quiet citizens, ascending through all the degrees of homicide or of shooting or stab- PETITION. bing with intent to maim or kill, to the belted knight who, without The VICE-PRESIDENT presented the petition of the heirs of the legal or constitutional wa.rrant and in defiance of both, stalks into a late William K. Sebastian, late Senator from Arkansas, a-ccompanied State-house and at the point of the sword organizes a Legislature ac- by certain depositions, praying that the Senate will recall, annul, and cording to his own or his master's will, I condemn and denounce them forever revoke the act of expulsion of Senator Sebastian in July, all. I contend that there is not a citizen of Louisiana, black or 1861, and restore and re-establish his good name as a true and loyal white, who had not a better right to a place on the floor of the hou e Senator; which were referred to the Committee on Privileges and of representatives than General De Trobriand. It is conceded on aU Elections. hands that the order given by him was without authority and void. DISTRIBUTION OF REVISED STATUTES. If then the expelled members or citiz·e ns had cho en to remain in the Mr. ANTHONY submitted the following r esolution; which was hall iu contempt of the order, as they had a perfect right to do, and con idered by unanimous con ent, and agreed to : lives had been lo t in the struggle, would that officer have been con- demned and executed as a murderer, or would it have been character- Resolved, That there be distributed pro rata to the Senators who were not mem · ized as a conspiracy of the White L eague to overthrow a State gov- bers of the Forty-third Congress the same number of copies of the R evised Statutes of the United States as were distributed to the Senators of that Congress. ernment A willful and deliberate murderer forfeits his life as an SENATOR FROM LOUISIANA. atonement for his crime. What atonement then should be made by an officer who invades the halls of legislation and aims a deliberate The Senate resumed t he consideration of the following resolution, blow at the guarant-eed rights of every American citizen t Who is it1 submitted by Mr. MoRTON on the 5th instant: I would ask', that is silent when outrage and wrong are perpetrated Resolved, That P . B.S. Pinchback be admitted as a. Sen ator from the State of in our midst 'I Louisiana for the term of six years, beginning the 4th day of March, 1873. As a foundation for the few remarks that I propose to submit, I Mr. McCREERY. Mr. President, the subject is threadbare. This shall refer to a pas age in t he last aunun.l message of the Pre ident of discussion has been continued so long and the argument has been su the United States. After a discussion of the Louisiana quest.ion and exliaustive in its character, that vanity itself might despair at the some general and special observations upon southern affairs, the Pres- pro pect of offering anything that is new. If I am capable of an- ident says : · swering the positions taken by the Senator from Indiana [Mr. MOR· I sympat~ize with their prostrate condition and would do all in my power to re- TO~] I have done it on a former occasion, and if I am incapable of lieve them-acknowledging that in some instances they have had most trying gov- accomplishing uch a result it would be a needless waste of time to et·nments to live under, and very oppressive ones in the way of taxation for nommal expose my weakness . .A.ny anxiety, however, that I may have felt improvements not givin/! benefits equal to th e hardships imposed-but can they proclaim themselves entirely irresponsible for this condition 1 They cannot. in that direction hns been put t-o rest by the conclusive refutation of the able Senator from North Carolina, [Mr. MERRIMON.] I shall This is a pregnant sentence, full of meaning from beginning to make no attempt to divide the honor which he has won so fairly. end. It shows that he under tands the tyranny and oppres&ion of In hinting or intimating that I may have replied, or attempted to their governments, that he realizes the spoliation and robbery which, reply, to the po itions taken by the Senator from Indiana, let it be under. the guise of taxation for nominal a11cl worthless improvements, distinctly understood that I make no reference to the "blood and have brought starvation to their doors. His bosom swells with emo- thunder" part which he at this time holds in reserve and which will tions of pity as he beholds widowhood and orphanage the innocent be poured like melted lava upon us at the conclusion of this debate. and helpless victims of ruthless despotism vainly struggling under That nev~r has been answered, and never will be. There is too much a load which would crush manhood in its prime. The people of eloquence and too much p~ion in it for any logical analysis. Aris- Louisiana may be inclined tQ thank the President for the expression totle, Archbishop Whately, and the great masters of the art of dispu- of his commiseration; but they can scarcely fail to ask the question, tation, have clearly laid down the rules of correct rea oning; but as ''Why is it that his sympathetic heart has never suggested anything to the best method of combating a paroxysm, they have left us com- in our behalf ! " . "How is it whenever his arm has been raised that pletely in the dark. I here in my place, with all the responsibilities we have been the sufferers '/ " The President hasveryproperlyraissd of a Senator r esting upon me, and without the fear of successful con- the question of responsibility, and it is accepted as an invitation to tradiction, declare that the Senator from Indiana is the ablest man the inquiry. Speaking, then, with especial reference to the compli- on the subject of outrage n_o w living in the world. [Laughter.] He cations in Louisiana affairs, I propound to the President the same may be a little imaginative, it is true, but still he is excessively able. interrogatory put by himself to the southern people, "Can he pro- I make these remarks in imitation of his example for the benefit of claim himself entirely irresponsible for their condition i" and an tho new Senators. [Laughter.] honest, impartial public, in view of t he facta, will answer tile question. '· 1875. CONGRESSIONAL RECORD. 33 Probably the first authoritative intimation of a design on the part his profe sion ; but, fallen a.s he is, I would not add to the bitterness of the Federal Government to interfere in the affairs of Louisiana of his anguish by dragging him clown with one hand while with the may be found in the following dispatch: other I was exalting the partners and lroneficiaries of his usurpation: DEPARTME..~ OF JUSTICE, December 3, 1872. There is not an intelligent man in the United States who does not know with positive certainty that but for the midnight order of Judge S. B. P .A.CKARD, Esq., United States Marshal, New Orleans, Lottisiana : Durell, Kellogg and his a sociates never would have been installed . Yon are to enforce the d crees and mandates of the United States courts no mat- into office, but that McEnery with his colleagues would have been ter by whom resisteU, and General Emory will furni h you with all n~cessary inaugurated and proceeded peacefully and quietly in t.h e discharge of troops for that purpose. their duties; nobody would have been injured; the peopl~ of Lon-. GEO. H. WILLIAMS, isiana would have been satisfied, and universal harmony would have .Attonuy.General. prevailed. The tone and temper of this dispatch is certainly spiteful, if not But if Durell and the Army undertook to bestow that which did positively belligerent. Had the marshal been faithless in the dis- not belong to them and over which they ha-d no control or jurisdic- charge of his dutyf Had anybody resisted or attempted to resist the tion, if the midnight order was anabsolutenullityineverysense of the· process of the courts 7 Had any person who was authorized made a word, is it not equally true that all franchises, offices, or emoluments, 1·equisition for troopsf There is no pretense of either. The hot and . held or acquired by, through, or under that order, are absolut.ely null unseemly haste of this appeal to arms would have remained forever and void' If a robber at the hour of midnight invades your prem- a mystery in the minds of men had not subsequent events connected ises and eizes and carries away your property, and the facts are es- its author with one of the most flagrant judicial usurpations ever tablished, will his possession be regarded a.s presumptive evidence of known in our country. · title, or would the receiver, with a knowledge of the facts, acquire At t·h e November election in 1872 W. Pitt Kellogg was a candidate more right or occupy a better position than the principal f Would for governor of the State of Louisiana, and was defeated by the de- you condemn to disgrace the principal aud allow the receiver to hold cisive n;tajority of 9,606 vot.es, as shown by the official returns which and enjoy the property f If a citizen or a State is wrongfully de- were compared by the board and afterward underwent the inspect.ion prived of anything that belongs to either, there should be an imme- of the Committee on Privileges and Elections of the Senate. Kellogg's diate, a full, and a fair restitution. I am opposed to making Durell bill to perpetuate testimony was pending before the circuit court of the scape-goat to bear the sins and manifold iniquities of those who the United States for the district of Louisiana, and about midnight besieged him from morning until night with all manner of applica- on the 5th of December Judge Durell prepared and signed an order tions and petitions, who surrounded him with soldiers, enlisted him at his lodgings not to perpetuate testimony according to the prayer of in their ambitious schemes and ent.erprises, dazzled his understanding tho petitioner, but to seizt) and hold the State-house. If there can be by the very audacity of their movements, led him far away from the a doubt that these steps were taken with the knowledge and appro- pathway of duty, until at la.st in their own behalf and for their own bation of the Administration, that doubt is dispelled by the fact that selfish purposes they have sunk him under a load of obloquy, misde- abstion of the con- 1875. - CONGRESSIONAL RECORD. 35 dition of public affairs and the character of the government in. Lou- Rhode Island, [Mr. ANTHO:NY,] the late Senator from Illinois, Judge isiana. 'Ve cannot seat any man a-s a Senator from that State Without Trumbull, the late Senator from Georgia, 1\ir. Hill, and the Senator taking cognizance of the real condition of afl'airs there and without from :Mississippi [Mr. ALcoRN] examined this question, and not makin(J' inqniry in reference to the character of the government of one of them denies the propo ition t'tat Kellogg was defeated by a that State. We iue driven ex necessitate into this inquiry in consider- large majority. Now let me read what they have aid in reference inrr the resolution offered by the Senator from Indiana to seat Pinch- to that point, for I wish to direct attention to the langQag~ of that ba~k as a Senator as fully and properly as we would be in the consid- committee. Here is what Judge Trumbull said; and let me remark eration of the other resolution which he offered at the same time for in reference to Judge Trumbull that he was not a democrat. He the pmpose of inqniTing into the character of the government in the claimed no affiliation with that party. He stood at the very head of State of Louisiana. I propo e in the few remarks that I submit on the Senate for years, ancl he was a republican in association and at- thi re olution not to be confined to the mere question of a prinutfacie tachments, but when called upon to examine the testimOJ!Y in this case, but I propose to go further and inquire iut_o the character of the ca e he came to the conclusion that Kellogg was overwhelmingly de- government over that State in order to ascertam whether such gov- feated and put it iu his written report submitted to the Se:q.4>t~ over ernment is entitled to be represented in the Senate. his own signature. Here is what he says: Before pat:~sing from this point I wish to call attention to facts 4ccording to the official returns, the fusion Stat-e ticket, head eel by MpEnery for n ce aryto entitle Pinch back to a seat upon the certificate presented. governor, received an average majority of about ten thousa.nu votes, ancl a large First, th'e certificate must be made by a party rightfully exercising majority of the persons elected to the Legislature were of the arne party; and but for the 'illegal interference of the United States authorities, a i statecl in the re- the office of governor, one who is the legal governor of the State or port of tho majority, the McEnery government would have been peacefully in~u· who is in the exercise of the functions of that office by color of some gurated. rio-ht or title to the office. In other words, he must be either de jure l\Ir. HOWE. Will the Senator pardon me t 01?dnfacto tho governor of the State. Then let us inquire whether l\Ir SAULSBURY. Certainly. Kellogg, who makes this certificate, is in the office of governor by Mr. HOWE. What were the returns which showed t:Q.a.t r-esult, virtue of any right and title whlch constitute him governor de jure. will the Senator be good enough to state ¥ What is necessary to confer upon him such right to the office t In Mr. SAULSBURY. Yes, ·sir; the returns which were laid before tho first place, in order t.o constitute him the lawf-ul governor of the tho De Feriet board, and by which they declared the res"Qlt of the · State he must be in the office by virtue of an election by the people, and election. in the second place the result of that election must ' be legally ascer- l\Ir. HOWE. Does not the Senator from Delaware know that those tained according to the constitution and laws of that State. It can- returns did not embrace six parishes in the StateY not be contended that any man is the rightful governor of any State l\Ir. SAULSBURY. I understand that some of the parishes were unless he comes in possession of the office by virtue of an election of thrown out; but I now will read to my honorable friend, for I speak the people, and even if elected it is also necessary and essential that by authority, what Judge Trumbull said on that point. ~he result of that election should have been ascertained according to Mr. THURl\f.AN. Will my friencl allow me to ask a question there the mode and manner prescribed by the constitution and laws of the of the Senator from Wi cousin f State. Mr. SAULSBURY. Certainly. Is there a single Senator on this floor, in view of the information Mr. THURMAN. I ask the Senator from Wisconsin if he does not which has been fnrnished bv an inquiry into that matter by the Sen- know that those parishes said to be thrown out would have increased ate itself, who can to-day a· sort or who to-day believes that Kellogg McEnery's majority instead of clecreasinrr iU is governor of Lou ishtna by virtue of any election of the people of Mr. HOWE. No, sir; I do not know that. Does the Senator from that, State¥ I say without fear of successful contradiction that there Ohio know itt i not a Senator on the floor of the Senate to-day who believes that Mr. THURMAN. I think it appears from the testimony there to a ccordin(J' to the votes actually ca-st at the election Kellogg was that effect. electP,d g~vernoF of the State in 1872. . :Mr. HOWE. I think the Senator from Ohio is mistaken . .Mr. HOWE. The Senator must correct his statement a little. l\1r. LOGAN. I think I can settle this dispute, if the Senator will There is one Senator on this floor, if no more, who believes that allow me. · precisely. The PRESIDING OFFICER, (Mr. FERRY, of :Michigan, in the chair.) Mr. SAULSBURY. Do I understand the Senator from Wisconsin Does the Senator from Delaware yield to the Senator from Illinois Y to say that he believes from the votes actually ca-st at the election 1\fr. SAULSBURY. I prefer to make my own speech and not have Kellogg wa-s elected governor of that State t other Senators make it for me. They can make their comments after :Mr. HOWE. I believe that as much as I believe the Senator from I get through. Delaware is speaking on this question. I do not know it so cert:binly, l\fr. HOWE. I yield to the Senator from Delaware. but I believe it as implicitly. Mr. LOGAN. "\Vill tho Senator allow me to read just a. paragraph l\lr. AULSBURY. I would now inquire, as I have been inter- of the report signed by the majority of the committee Y rupted by the Senator from Wisconsin, whether he believes that Mr. SAULSBURY. Yes, sir; I will. from any evidence iu the possession of the Senate or whether it is Mr. LOGAN. I read from page 44 of the report: an arbitrary conclusion of the mind formed withoutevidence before it. The election was generally conducteu in quiet, a.nd was perhaps unnsu2lly free l\lr. HOWE. I believe it from circumstantial evidence laid before from disturbance or riot. Go>ernor Warmoth, who was the master-spirit in the the Senate and which for two years bas been before the Senator whole proceediup:, seems to have relied upon craft, rather than violence, to carry from Delaware. the State for McEnery. In the canvass of vot.es- Mr. SAULSBURY. I am very happy to inform the Senator, to in- 1\Iark the language- form the Senate, and to inform the world, that I arrived at exactly a ! n the canvass of votes which determined the McEnery governmeJ1t t,Q be eloctecl- different conclusion from the Senator from "\Visconsin. I only regret that the Sena.tor from Wisconsin has not been enabled to look at this That is the basis on which we made this report- question calmly and dispassionately ; that he has not been enabled to the votes of several republican parishes were rejected. arrive at a conclusion divest-ed from every other consideration except The inference is t.ha.t if these were returned he coqld not have been a fair inqmry into the fact. I allege here that no man can examine elected. carefully the evidence submitted to this Senate in reference to the :Mr. SAULSBURY. Will the Senaf;or :Q:qm lUinois be kind enough election which occurred in 1872 fairly and dispassionately without to send me that bookY reaching the conclusion that Kellogg was defeatetl. I know the Mr. LOGAN. Certainly. - weakness of human nature, and I will not attribute to my friend Mr. SAULSBURY. I am perfectly willing to permit my friend the any greater weakne son this point than I am willing to accept for Senator from Tilinois to interpose occas.io:q.a.lly for his own relief, if my elf; but I know how our jndgments are frequently warped by he sees proper, any remarks whic4 can vary the force and effect of pa.rty interests and party feeling, and my honorable friend will par- the very report to which he appended his name. don me if I say that he is not an exception to this rule. l\Ir. LOGAN. I have never bac~ed from anything I said in thaL A ca.r efnl examination of the evidence ought to satisfy every one report. I only called the Senators fl,ttention to the fact. that in deter- who examines it fairly that Kellogg was defeated in the election by mining the legal questio:q. they threw out these panshes, and we not less than somewhere iu the neighborhood of 10,000 votes. That agreed they had a right to do it, which elected McE_nery; that is all. was the conclusion of the Committee on Privileges and Elections. Mr. SAULSBURY. I ;:tm very certain that my friend the Senator That committee was compo ed of gentlemen who investigated the from Illinois, could not 4ave come to the conclusion which he did subject, who heard the witnesses on that point, who examined the come to unless ~e 4ad, supposed they had a perfect right to throw returns made a-ccording to the laws of the State, arid who came to them out. ~ pronose now to read a paragraph from the report to tho conclusion and placed it here in their written report that Kel- which he appen!led his name. logg was defeated, and that the majority against him was nearly Mr. LOGAN. If the Senator wishes to read the paragraph which 10,000 votes. ·w ho were the .gentlemen who made that inquiry i declared ·McEnery elected I will show it to him. The Senator from Indiana [Mr. MORTON] was chairman of that com- ~1r. SAULSBURY. I have it here. The Senator from illinois to- mittee. I have his separate report here, and I assert that neither he gether with the late Senator from Wisconein, (Mr. Carpenter,) the nor any Senator on thi floor can point to a single expression in the Senator from Rhode Island, [Mr. ANTHO. Y,] and the Senator fr~m report of the Senator from Indiana or in the report of the committee Mississippi [Mr. ALCOR~] appended their names to this declaration: which intimates that Ke1Iogg was elected by the votes actually But for the interference of Judge Durell in the matter of this State election, a mat- polled at the election. The late ·Senator from Wisconsin, 1\fr. Car- ter wholly beyond his jurisdiction, the McEnery government would to-dn.y have been penter, the Senator from Illinois, [Mr. LOGAN,] the Senator from the de facto government of the State. Judge Durell interposed the .Army oi the 36 CONGRESSIONAL RECORD. · MARCH 12, United States between th~ people of Louisiana an~ the only government which baa permit me to say, demonstrates clearly that such wa-s the fact, be- the semblance of regularity, ap.d the rl'snlt of this has b een to establish the Kel- cause at that election there were 20,000 more votes polled than had logg government, so far as that State now bas any government. For the United States to interfere in a State election, and, by the employment of troops, s et up a been polled at the election preceding, evidencing conclusively that governor and Legislature without a shadow of right, and til en to. refuse r edress of the election was conducted fairly, peaceably, and quietly, and that t.he wrong, upon the ground that to gmnt relief would be interfering with the all parties entitled to vote had unobstructed access to the polls, and rights of the State, is a propo ition difficult to p.tter with a grave countenance. availed themselves of the opportunity thus offered to deposit their Human language ca:nnot denounce more strongly the Kellogg gov- votes. ernment as a usurpatwn than has been done in the report of that Mr. MORTON. The Senator from Delaware says that the election committee. Now, I ask, with what consist ency can the Senator from was_regarded as fair. Will he permit me to quote a passage from the illinois or the Senator from Rhode Island or the Senator from Mis- report upon which he relies on that subject Y sissippi-, after appending their names ·to a report which declares that Mr. SAULSBURY. I said that such was the report at the time of Kellogg and his Legislatni"e were not elected and that but for the the election. interference of Federal authority the MoEnery government would Mr. MORTON. The Senator has quoted from the report of Mr. have been the government of the State, after having denounced ln Carpenter. Will he allow me to read a passage? such withering terms the interference of Dmell and the order which Mr. SAULSBURY. Certainly. I know all that is in the report he promulgated, and after they ha-d expressed their regrets at the and the Senator will not inteiTupt me, for I have no prepared speech, interference of the military power under the direction of the Presi- but I have I think possession of my subject. The Senator may read. dent of the United States to defeat the will of the people of Louisiana, Mr. MORTON. Mr. Carpenter and those who united with him re- how can they now, either directly or indirectly, by their votes recog- ported : nize the Kellogg government, whether such recognition be by ex- The t~stimony shows that leading and sagacious politicians of the State, who pressly declaring that it is the legal government, or indirectly by were acting with Warmoth, entertained the opinion before the election that War. seating Pinchback as a Senator from that State elect ed by a Legisla- moth 's control of the el ection machinery waa equivalent to ~. ooo votes; and we ture which had no more claim to legality than Kellogg, who ran on are satisfied by the testimony that this opinion was well founded. the same ticket f And other testimony shows that the democratic politicians of Louisi- So far therefore as any right or title to this office is concerned, I ana formed a coalition with him expres ly upon the grounc.l that his repeat, I cannot coaceivo how any Senator or any other person who control of the election ma.chinery was worth 20,000 votes and that be • will examine the evidence submitted to the Senate by its own com- would give them "the benefit. The report goes on to say: mittee can arrive at any conclusion that Kellog~ i in office by virtue We believe that had r egistration been acce sible to all, and polling places been of an election of the people. He is not theretore de ju1·e governor; properly establish ed, the result of the election would have been entirely difterent. and therefore when he appends his name to the certificate that Pinch- And although we cannot approve of such a canvass 1 as t hat made by the Lynch back has been elected it c:1.rries with it no authority, because he has board, who seem to have acted upon the principle of ' :fighting the devil with :tiro" no title to the office derived from any election by the people of the and circumventing fraud by fraud, and cannot say that Kellogg's government was elect d, n everthel ess we belie,-e that K ellogg's government was defeat~d and the State. It may be said that he is de facto governor; but the very same popular voice reversed by the fraudulent manipulation of the election. objection to his character in that capacity arises that arises to his character as the d.e jm·e governor, because he cannot be governor d.e And in other places the committee say that the election was " an facto unless he is in the office nuder color of right. I use the term de or(J'anized fraud ." facto not in the common but in the legal acceptation. That term is iir. SAULSBURY. I am aware of all that; but let me say that sometimes vel:y improperly in common parlance applied even to the that is mere opinion, based upon the fact that Warmoth was clothed most notorious usurper, but in a legal sense it is only applicable and had been clothed by the republican Legislature 'vith power over to an officer having color of title as contradistinguished from a. mere the registration and management of elections. The republican part y, usurper. This is a familiar question to every lawyer. A man indeed knowing that Ir. Warmoth perhaps had used the power with which may sometimes be in office without having been rightfully inducted the.y had clothed him to their advant.age in the past, supposed the into office, and yet having color of right he is recognized as a de fact-o moment that power was withdrawn and not used for their benefit, officer, and his official acts as such become valid so ·far as third par- even if no undue advantao-e should be given tothedemocratic party, ties and the public are concerned. But when he enters his office as yet the very fact that he had ceased to exert the power with which Kellogg entered upon the office, without any election or without any he was clot.hed in their behalf was of it elf an advantage of color of title whatever to office, he becomes a usurper and not an offi- 20,000 votes to the democratic party. I have no doubt it was. I cer either de jU?·e or dcfaoto, and th~ acts of a usurper are void ab initio. have no doubt that Hemy C. Warmoth was thus clothed by a repub- He can perform no duty appertaining to the office, and none of his lican Legislature with vast and exce ive powers over the election acts can or will be respected save only where his power is sufficiently and regi tration for the purpose of aiding the republican party, and strong to command submission and acquiescence. If Kellogg is nei- when he broke with that party, when he ceased to exercise the power ther governor by virtue of an election nor in office under color of with which he had been clothed in their behalf it did inure to the title to tha same, the certificate which he makes ofPinchback's elec- beuefit of the democratic party by 20,000 votes. That is the true tion carries 'vith it no authority, establishes no fact which it as erts, answer to the suggestion of fraud of the Senator from Indiana; but and indeed is not evidence for any pmpose; certainly is not entitled I have not done wit h the answer to the Senator yet. I want to an- to any respect in this Senate. swer furth er before the Senator interrupts me again, as I see he pro- We must go behind that certificate to determine the right oftheclaim- poses to do. · But suppose the committee have so believed and so ant to a seat in this body, and I say that ll.wolved in this inquiry as to declared, it is but mere opiuion. Arf3 you to determine the legality the right of Pinchback to a seat is the consideration of the condition of and the results of an election by opinions and not by fa-cts Y Where affairs and the nature of the government in Louisiana. And now, are the facts revealed by this committee to show that their conclu~ how clid the Kellogg g<:>vernment come into power J A recitation of sions or opinions as to fraud were right T the facts, though they be familiar to the Senate, cannot be too often Mr. MORTON. I ask the Senator if that report is any more opin- made. How did that government come into existence T It is not ion in that part of it than it is in the other part on which the Sen- there by virtue of an election, as ha-s been declared by the Committee , a tor relies t on Privileges and Elections, authorized and specially directed to in- Mr. SAULSBURY. I thinkit is, because the facts are given which quire into that matter by the Senate. That government, I repeat, is lead them to the conclusion that McEnery and not Kellogg was not to-day over the people of Louisin.na by virtue of any election by elected. The returns were before them and were examinecl by t-hem. the people. How then did it come into existence Y Sir, it is a pain- I will, however, meet the very point rai ed by the Senator from In- ful chapter in the history of this country, and I repeat that it cannot diana by what wa-s said by the then Senator from Illinois. I read now be too often presented to the people, if happily it may arouse them to from the separate report made by Judge Trumbull in answer t.o the a sense of the dangers that threaten our free institutions. suggestion of the Senator from Indiana. Judge Trumbull says: In the fall of 1872 an election was held in the Stat e of Louisiana. If it were admitted, as it is not, that Congress has authority to inquire into t he Prior to that election H. C. \Varmoth was the governor of the State. fairn ess and regularity of a State election. it is denied that there was any such fraud in the late Louisian a. election as would justify setting it aside. It was con- He had always been· a republican. He. had been clothed by the Leg- f essedly one of the most quiet and pea-cefnl elections ever h eld in the State, and islature of Louisiana with almost unlimited powers over the machin- the evidence shows that it was substantially free and fair. pry and management of elections. Snch was the implicit confidence The vote polled was twenty thousand larger than ever b efore cast in the State, of th~ republican party in Henry C. Warmoth that they clothed him and aga.i.nst more than two-thirds of it no complaint of unfairness is even alleg ed. witii vast and excessive powers, I admit, over the management and And then he details the te tiniony of Marshal Packard, who had regoL:i ti6ns of elections in that State. It so happened that in 1 72 been called to the stand t.o prove these frauds, and he could point he differed with his republican friends. He took issue with them out but some six or seven parishes in which ther~ was even alleg ed upon t.h e prestdential nominee; he became the advocate of Mr. Gree- unfairness. No, sir; this q nestion of fraud, this question of violence, .ley for the Presidency. Pf course he lost favor with the Executive, this question of intimidation is brought up to relieve the action of he lost favor wit4 tbe republican party; but he was the governor the President of the United States and of those who sustain him in at the time the election took place in 1872, rightfully in the pos- forcin& over the people of Louisiana. a usurpation that is devoid of session of his office. ·That election passed off quietly, peacefully, any colOr of title either by virtue of an election or of having come was more orderly than electtons usually had been in Louisiana, ac- into power according to the law and the constitution of the State. co~ding to the accounts th at were published to the world at that But when I was drawn off from the line of remark I was pursuing time. Tha election was admitt!3d to be ~ -fa"ir election; there was I was about to narrate succinctly the facts connected with the elec- but very little clisturbance. It was conceded that that election was tion in_ Louisiana and the subsequent events tl:at tqmspu·ed. I sa~~, unusually quiet and unusually faii, and t~e resqlt of the election, accordmg to the reports and rumors at the t1me, that election was 1875. CONGRESSIONAL RECORD. 37 very generally free and fair, and in its result it was decidedly in I call attention now to the action of a democratic President when favor of the democratic party. That wa.s the general understanding called upon to interfere in a political contest in a State not very dissim- throughout the country, and was so stated in the papers of New ilar from that in Louliliana in December, 1872. I refer to the action of Orleans, the republican pa.pers as well a.s the democratio papers, that President Van Buren when called upon by the governor of Pennsylvania such was the fact. It was accepted as such by the country, and the to interfere in what is generally known a.s the buck-shot war in that popular heart throbbed with joy and hope at the prospect that the State. The facts simply stat-ed were these: There was a determination condition ot affairs in Louisiana was at last to be intrusted to honest on the part of the whig party to get control of the two houses of the hands. Pennsylvania Le~islature, and returns were sent up from Philadelphia But then came the ma-chinations, then came the conspiracies, the giving to the whig members from that city the certificates of election plotted treason against Louisiana; conspiracy against the will of the on a return by a minor~ty of the ret.nrning board. The attempt was people of Louisiana, conspiracy and treason against the peace of made to seat them upon these returns by a minority returning board, Louisiana, conspiracy against the pror;>perity of Louisiana. Kellogg whereas a maJority of the board being democmtic returned the sought the courts. He found in Durell a. wilJ.ing tool. DureU, who ·e democratic members elected from the county of Philadelphia, one or name is connected with infamy, whose name will go down to poster· two senators and oight or ten members of the house of representa- ity the synonym of judicial prostitution to power, and who will meet. tives of the Legislature. These are the facts snccinct.ly. There- the condign judgment to which an act of perfidy entitles him-Durell, spective houses of the Legislature met and attempt-ed to organize; at the hour of midnight on the Gth of December, as was said lly my the whigs :tttempted to organize the house upon the returns that had friend from Kentucky this morning·, in his own chamber; without a been made by a minority of the board. Great excitement ensued. case before him, as a.n accomplice to a conspiracy to defeat the pop- It may be well in this connection to read something as to the excite- ular will of the people of Louisiana, promulgated his nefarious order. ment that existed in Harrisburgh at that time. Here is a contemporary Sir, I will not seek to connect any person with t.hat conspiracy who account of the scene that transpired. is not leoitimately connected with it by the proof in the cause; but I am indebted to Hon. Charles Brown, of my State, then a citi- I a k w~ there not a singular coincidence in the fact to which refer- zen of Pennsylvania and one of the senators from Philadelphia ence was made by my friend from Kentucky this morning, that attempted to be excluded by the minority, for the extract from on the 3d of December, 1872, a telegram was sent from the Attorney- which I read: General to :Marshal Packard to enforce the decrees of the Federal When tho hour for the meeting of the Iiouse had arrind, every available inch courts and the opportune arrival of troops on the 5th to enforce of room in the gallery and lobbi.es was occupied. Durell's order f Who had called upon the Attorney-General in refer- custom, Mr. Hill\ of Westmoreland, the oldest member present, according to prevailing the house to erder, and moved that the clerk proceed to open and ence to that question T Is it not a plain inference that the design read the called r eturns of tho election in Philadelphia. City and of the different counties was then concocted, that the determination was then had to make in the Commonwealth; which was agreed to. such an order, provided it could be sustained by the powers at Wash- At this juncture Mr. Burrowes made his way through the crowd and presented ington f That is the natural and only legitimate inf~rence deducible and the official returns. The clerk opened them, and read the returns from the city, wa..'l about proceeding to rea0 sworn into office, and both Sl>eakers occupied chairs upon t.he rostrum. The anti-masonic party appointed committees to wait upon the senat~:~ and governor, for the reputation of the Attorney-General hrmself that a telegram and adjourned. The democratic party continued iu session and appointed similar of that ch~acter should have been sent almost at the very time of committe~s. and al o nominatell ~nilidates for clerk and sergeant-at arms, after the promulgation of the order and the arrival of troops to enforce it. which it aU,iourned until t-en o'clock next day. The senate met at three o'clock, ;md was called to order by C. B. Penrose. The That order was enforced. I shall not dwell upon the fact .t hat excitement of the house was transferred to the senate chamber, as it was known Captain Jackson came opportunely on the very eveniitg it was made that the secretary would hand in the return of the minority judges instead of the and was called upon to enforce it, and by reason of the enforcement majority, which would elect James Hanna :md William Wagner, instead of Charles of that order by the military power McEnery and the Legislature Brown and S. Ste>ensou, who were legaJly elected. The galleries were ftlled with :m ex<:,ited crowd ; and when the minority return that was elected with him were kept out of power, and Kellogg, who was read there was a. strong demonstration made in the l!!cna.te, and after Hanna. had not been elected but who had been defeated by 10,000 votes, and and Wagner were sworn in Mr. Brown arose and aakecl permission to addre s the the Legislature defeated with him by the same number of votes were senate, which he did amid boisterous aJ?plause. A.t this juncture Mr. Penrose, installed in power. Such was theresultof that order and its enforce- the evidently under the impression that a cnsis had arrived, called General Rogers to chair, went into the recess back of the chair, ingloriously jumped out of the ment by the Federal military power. There is the origin of the window, and made his escape to Wilson's Hotel ; and whilo Mr. Brown was still Kellogg usurpation. · speaking the rest of the anti-masons followed Mr. Penrose eut of the back window But1 Mr. President, after the ·usurpation had been installed the and the senate broke up amid wild confusion. consprrators and usurpers felt uneasy in the possession of the power- This acconnt shows that there was much more serious trouble to lle with which they had been clothed by the Federal military authority apprehended th:tn existed in New Orleans in January last, or when of the cOlmtry. They wanted the recognition of t.he President of the the military took possession of the State-house in that city in Decem- United States; they wanted the moral effect which the recognition ber, 1872, and excluded the McEnery legislatme under the order of of the executive department of the Government would give to their Durell. usurpation and the guarantee of military power for its support, and Then ?t-Ir. Penroso addressed to the governor a letter, (which I will then came the series of. telegrams from Packard, from Pinchback, not take time in reading,) detailing that the lives and safety of the from Kellogg for recognition by the President. They appealed to members of the senate were put in jeopardy, whereupon Governor every consideration ; they appealed to his party instincts and party Ri~ner directed that the military forces of Pennsylvania attend, and, feelings; they told him that the interests of the republican party not satisfied with that, he made·a call on General (then Captain) Sum- required his recognition. I shall not say in this connection that ner, stationed at the barracks in Carlisle, and I want to read now that was the motive which prompted the recognition of the President. what Captain Sumner said in reply to that call of Governor Ritner. I onl-y speak of the fact that that was the appeal which his friends Here is Governor Ritner's letter: made. How far it influenced the action of the President I shall liARRISBURGH, December 5, 1838. leave for the country and the judgment of mankind to deterrnille.. I SIR: .An insurrection having broken out a.t this place, by which the re~lar speak of the actl'l and not of the mot.ives of the President; I could functions of the State government have been completely interrupted and the State capital thrown into the possession of a lawless mob, to the exclusion of the Legis- wish the former could have been less liable to animadversion and the lature, I hereby request you forthwith .t o march the troops n.t your comm:mct to latter more free from all suspicion. Harrisburgh for the protection of the constituted authorities of the Commonwealth, The parties who invoked the interference of the Federal court over for the suppression of the insurrection, and for the preservation of our republican which Durell presided and subsequently invoked the aid of the form of government, agreeably with the Constitution of the United States. · President were yolitical adventurers who had been defeated at the I am, sir, &c., JOSEPH RITNER. polls, and the a1d granted by the President inured to the benefit of Captain Sme.;nn, · t.he political party to which he belongs. He may disclaim all inten- Of the United St~tteB Drago01l8 stationed at Oarlisle. tion to interfere in a mere political contest, but, unhappily for his To that letter Captain Sumner replied as follows: fame, mankind will draw their own conclusions from his action and CABLISLE BABRACKS, December 5, 1838. not from his protestations. SIR: I have the honor to aclmowledge the receipt of your letter of this date, and It has been stated :in debate that there were precedents for the in-· I hasten to reply to it. As the disturbance at the capital of this State appears to t.erference of the Federal power in such cases. Especially have these proceed from political dijJerenceJJ alone, I do not feel that it would be proper for me precedents been invoked to justify the recent interference with the to interpose my command between the parties. If this riot proceeded from any organization of the Legislatme of Louisiana. I do not admit that. ot.her cause, I would offer you the services of my command before you will receive tho matt.ers referred to are precedents, but I will refer to one prece· this letter. I am, sir, with high respect, your obedient servant, • dent which the Pres1dent would have done well to follow. E. V. S'U?\Th"'ER. 38 CONGRESSIONAL RECORD. MARCH 12' Captain Sumner.eommunicated to the War Department his reply to go to the state department. "l!fr. Penrose and Mr. Stevens were ap- Governor :Ritner. The Secretary of War replied: prehensive evidently; and from the statements of the affair pub- WAR DEPARTMENT, D ece:mbeT 8, 1838. Jished at the time and now before me I have no hesitation in saying Sm: The Department approves of yonr reply to the requisition of the governor that there was far greater reason to apprehend riot and disturbance of Pennsylvama. In doubtful ca~es similar (U'ders must be transmitted by direc· than existed in New Orleans on the 6th of December, 1872, or on the tlon of the President Of the United States; and in all cases where the seat of gov· 4th of January l~st, . when the P.t:esident interfered in the domestic ernment is near the theater of the disturbance the n ecessity must be very nrgent affairs of the State of Louisiana. The Senator from Pennsylvania, and palpable to jristify an officer commanding a detached post in marching his forces ta repress an insurrection without authority to do so from this Department. however, may be right in r egarding the buck-shot war as only a big Very respectfully, yonr obedient servant, scare. J". R. POINSETT. Mr. President, I referred to this incident for the purpose of show- Captain E. V. SUMNER, ing the great ~ontrast between the action of a democratic adminis- Carlisle, Pennsylvania. tration under circumstances very similar to what occurred in New Then Governor Ritner wrote to the President of the United States Orleans two years ago and the action of the pre ent Administration ; askirig his intervention. I will not take time to read his letter to the and I stand here to say t hat after the lapse of more t han t hirty years President and the President's reply. Suffice it to say that President the judgment of the country is that the action of the administration Van Buren directed the Secretary of War, Mr. Poinsett, to inform of President Van Buren was perfectly right. His failure to respond Governor Ritner that the question, being a q-qcstion between political to the application of the governor of P ennsylvania for the purpose parties, was not such as it was contemplated by the Constitution re- of giving advantage to one political party over another will b e ju t i· qurred the interference of the Federftl authorities. :fi.ecl and commended as eminently proper and wise. I will not say I will read an extract from the letter of the Secretary of War sent what will be the judgment of posterity in reference to the action of by direction of President Van Buren to Governor Ritner in reply to the present Administration in using the military force of the country his request for Federal interference, showing what was thought at for the purpose of placing in power his own party in Louisiana,, which that time by a democratic administr::ttion in reference to interfering had been defeated by t he popular will, under the excuse, I will not in contests between political parties in a State. The views contained say pretense, of enforcing an illegal and void order made by a Fed- in the extract which I shall read are wise and statesman-like, and if era-l judge. they had been observed by President Grant and his administration Sir, I would not pluck from the Pre:sident one laurel which he won he would never have committed the great error of lending his aid in upon the :field of battle. I would have been glad if h e had trans- placing in power the usurpation in Louisiana and sustaining it over mitted his honors unimpaired by his civil life to posterity; aud I the people of · that State. I will read the extract that the contrast exceedingly regret that in an rmfortuna,te moment the President, between the action of a democratic and republican President under from whatever motive be may have been actuated, indorsed the send- very simila,r circumstances m:>y be seen. The Secretary of War, Mr. ing of a telegram which ffilliOtmced his recognition of a usurpation, Poinsett, says : · a usurpation that exists to-tlay over Louisiana, a,nd that was placed The commotion which now thre'ltens the peace of t"Q.e Commonwealth of P enn- there and is sustained there wrongfully by Federal b ayonets. sylvania does not appear to arise from any opposition to the laws, but grows out of l\Ir. President, I shall not now go over what the Committ~e on a political contest between differ ent m embers of the government, most, if not all, Privileges and Elections said in reference to this matter. That is too of them admitted to be the legal representatives of the p eople constitutionally elected, about their relative rights and especially in reference t-o the organization familia r to the Senate to need repetition again. But I desire to call of the popular branch of the Legislature. To interfere in any commotion growinj:( attention to what was said in debate upon· the r eport of the commit- out of a controvet'By of so grave and delicate a character by the Federal authority, tee by some Senators on this floor as showing the judgment of the armed by the military power of the Govermnent, would be attended with the most · Senat-e in regard to this usurpation atthat time. Here is what Judge danj:_(erous consequences to our republican institutions. Trumbull said in the debate which ensued on that report1 or rather Such were the -views expressed by Mr. Van Buren when applied to upon the bill providing for an election in Louisiana which accom- for help by the governor of Pennsylvania. But President Grant, upon panied the report of l\11:. Carpenter: tlie application of a set of conspuators to overthrow and defeat the Sir, there n ever wa.s a more monstrous case of usurpation than the setting up of will of the people of Louisiana., interposed the military power of the this Pinch back _government. The history of it is startling. .And what did it do~ Government, whereby the usurpation of Kellogg was inaugurated and It convened on the 9th day of December in pursuance of a proclamation issued by has been sustained over that State. Governor Warmoth, the admitted _governor of t-he State at the time, \VhO called the Mr. CAMERON, of Pennsylvania. I only want, for "the credit of L egislature together in extra session. When the day arrived these sol!liers stood at the State-house door gnaruing it; the United States marshal was tb r e under the State of Pennsylvania, to say a word in reply to what the Sen- orders to a.llow noboO.:v to take part in the Legislatnre except t ho e r eturned l>y the ator from Delaware bas just now said. · L ynch board, who hau nover bad au official return before them. The per ons thus ~lr. SAULSBURY. I shall be glad to hear what the Senator from designated by- Lynch and his associates assemblerl together, and claiming to ue a. L ep.slatnrw, Within the space of five honrs, in violation of the statutes of Loui iana, Pennsylvania says. without trial and without preferring articles, declared Gi>vernor Warmoth im- l\Ir. CAMERON, of Pennsylvania. That scene which the Senator pear.herl and suspended from office, and installed Pinchback as governor in his has described was merely in the imagination and fears of good old place, aud in all this they were backed up uy the bayonets of the Unite(l States. Governor Ritner a,nd a few people around him. There was no war That was the language of a Senator on this floor whose historY.·is in Pennsylvania. There were not a thousand people in the town known to the country. H e was not a democrat, he was a republican, outside the regular population; I do not think there were :five hun- ancl at one time stood high in republican counsels; and yet the hone ·t dred. A few persons took it into their heads that they could prevent indignat ion ·of his soul gave utterance to the scathing ln.nguage Governor Porter from taking his seat, though he had been ~lected which I have -read in condemnation of that usurpation which has by some four or :five thousand majority in tho St.ate. The whole been sustained for the last two years by the Federal Execut ive and thing was an act of that great and eccentric man Thaddeus Stevens. the Administration party. Now listen to what was said by Mr. Hill, The election campaign preceding t.hat, December was conducted on the late Sena.tor from Georgia, a republican too : one side entirely by l\fr. Stevens, who had control of the canal These returns have been in the possession of the Committee on Privileges and funds and who risked overytbing upon t he re-election of his patron Elections. They have undergone some examination, and taken with tho te timony and friend, Governor Ritner. He failed because a majority of :the of persons who are familiar with them, some of whom statecl that they had counted people were opposed to him. Mr. P enro e was one of the ablest. and them by direction of the governor, the committee were forced to the conclusion purest men that ever lived anywhere, but he had not quite as much that thev disclosed the fact that McEnery was elected governor of Louisiana by five or six thousand majority, a.bd that tho general ticket known as tho fu ion pluck as the Senator from Del~ware has and would have on an ticket in the State had been chosen, some portions of it, to wit, the lieutenant-gov- occasion of that kind. Somebody told him that his life was in dan- ernor, l>y a larger m.a:jority than the governor himself. It is not my rmrposo to ger, and unfortunately for himsei£ he jumped out of the window and glo. s over this el ection, to juatify any fraud, because I think it was developed Thaddeus St-evens jumped over him. Both of them were a little hurt before the committee that in a few parishes there w ere irregularities, and that there had been advantages taken, not illegal .advant.a.ges however, but advantages by the fall, but if they had remained there nobody would have dis- such a-s were allowed by the law, by tho executive of the State in the appointment turbed them. of registrars, and p erhaps in the direction as to who should be appointed managers It is a good deal like the old whisky insurrection in Pennsylvania. of the election by those registrars ; and not only that, but that mconvenient places There is a great deal said aboQt that. That was a mere erneute out in polling of voting had b"een created, ancl in some of the parishes a diminished number of places had been directed. the western part of the State, a little quarrel about whether whisky should be transported in barrels or whether the rye out of which The language of the Senator meets the question of, fraud. H e says whisky was made should be carried down the river. That was the there was no proof that any illegal advantages were taken but only whole of it. But this buck-shot war was a ridiculous affair from be- the exercise of the powers by the governor of the State with which he ~inning to end. I am only sorry that t he use of types has c:trried had been clothed by a republican Legislature which enabled him to the history of it down to this time. Everybody laughed at it. I was appoint registrars, which .enabled him to designate to a certa in ex- in Harrisburgh at the time and I was rather friendly to old Ritner, tent the places at which the election should be held. He concedes but nobody disturbed me. I a.m sure that no man of the least courage that there were some irregularities, but he says t hey were not illegal in the world would have jumped out of the window on that occa- but such as were authorized by the law; and they have been magni- sion. fied into frauds such as should vitiate an election by the Senator l\fr. SAULSBURY. However trivial. the circumstance may now from Indiana and l?Y gentlemen who support the Administration in appear to the Senator from Pennsylvania, it is certain that the gov- sustaining the usurpation over Louisiana. ernor of the State at the time thought it a. very serious matter, for Now I wish to read from what was said by the Senator from llli- he issued his proclamation calling out the militia of the State, and nois, [Mr. LOGA.....~:] wrote. a second time t.o Captain Sumner imploring his aid; and in Whilfl I am upon the floor I desire to say, in justification of the motion made and one of his letters to the President states that b e deemed it unsafe to in justification of <;he taking up this proposition to consider the bill now before the 1875. CONGRESSIONAL RECOR)Do 39 Senate, that there bas been a. pretended government set up in the State of Louisi- There are reasons which I have not assigned pertaining to the am~ by force and by fraud no man can for one moment deny. That to-day the gov- ernment there e.ris'ts in fraud, and in nothing else, no man who knows the facts will applicant himself; and perhaps I ought to saythat he was one of the deny. chief plotters in the treason against the liberties of the people of Louisi- ana; and if there were no other consideration to influence our action on That is what t.he Senator from Illinois said in reference to that gov- this resolution, the judgment of this Senate should be what the judg- ernment. "That to-day the government there exists :i.n fraud, amlin ment of any fair court would be, that he should not take advantage of nothing else, no man who knows thefacts will deny."' his own wrong. You threatened to unseat and drive from t-Ills Cham- That is very emphatic bnguage. ber two years ago a member charged with obtaining a seat in this That a. pretense, an attempt was made to establish a. different government in the body by bribery and corruption; bnt how infinitely greater the crime same way is true. That the election was a franc! , that the whole tbin~ was corrupt, of the man who aids in the subversion of the liberties of a whole that there was a combined ~ffort on the part of certain men to p erpP.ii'ate frauds and deprive the people of their rights aml their privileg s as citizen"!,' no one can people, and bow infinitely le s worthy of aclmis ion into this Chamber deny. That there was an organized fraud for tho purpose of electin~ McEnery the as a Senator from the State over which he bas a i~-;ted to set up and evidence is plain and clear. That returns were forged for the purpose of accom- perpetuate the most flagrant usurpation and tyranny. plishing that result no ma.n will deny. But aside from all per onal objection to the .applicant I insist, I read that so that the views of the Senator two years ago in refer- what perhaps is de::Jigned to be accomplished, that the admission of ence to both governments may be understood, and I call attenilion to Pincbback will to a certaiu extent be the recognition of the Kellogg the fact that he says in t.hat debate that it cannot be de.nied that to- usurpation, and that the character of this Senate demands that it day the government there exists in fraud, in nothing eJse. shall nev-er become a party to such an outrage upon public liberty. That there bas been a pretendr'd government set up in the State of Louisiana by Why, l\Ir. .President, what is there and what can there bo more de::tr force and by fraud no man will deny. to the people of this conntry than the preservation of re1mblican gov- That is the government of Kellogg which it is proposed to recog- ernment in the spirit in which it was formed Shall we bo false to nize by the aclmi~ion of Pincbback. Now I wish to read what was the tru t reposed in us Y Shall we by the recognition of the Kellogg usnrpatiou in any form, directly or indirectly, put onr approval upon said by my friend the Senator from Mississippi, [.Mr. ALCORN.] acts wbit::h have led to that usurpation' If we do, the judgment of The Con_gr~s of the United States passed a law by which the district court of posterity, the judgment of tho world will condemn onr act. the United -States in certain cases was entitled to assume jnrisdiction in cases of In vain may the recognition of the usurpation by the State courts election belonging to the States-State elections. Under a law like this a. di~tric t jtldg_~ in Louisiana assumed jurisdiction of a. case in which b e had no jurisdiction of Louisiana, owing their existence to the will of the usurper, be lcrr:tuy. Thatjudgeorganizetl a Legi latnre in Louisiana and installed a go>ernor pleaded a authority for the recognition of the Senate. Courts have in the State of Louisiana. It is not the Legislature of the people, it is not the too often obeyed the behe ts of tyrants, even if jutlicial determination governor of tho people tbot to-day pre."'ides over tho destinies of the people of the State of Louisiana. I am one of those who believe that if the >oice of the could rightfully influence our action in a ma-tter over which the Sen- people had been h eard at the ballot-box the republican .go>ernor and tha r epubli- ate has exclusive jurisdiction-the elections, returns, and qualitica- can legilllature would luwe been elected, and I believe if the opport unity is gi>en tion of its own members. In vain may the support given to Kellogg the people to-day they will record their votes in favor of a. republican government and his government by the President be invok ed as our guide. His in that State. action ought not to in:fltlence our judgment, nor, indeed, the action of I ca.ll attention to that as the opinion of the Senator from Mis- any or all the co-ordinate departments of the Government. Onr dut y si sippi, that the go ernment which exists there exists not by virtue is to rebuke not app1·ove of usurpation; to maintain the liberties of of any election but is a usurpation set up and maintained over the the people, the rights of the States, and onr form of free government })eople of Louisiana. This eli ens ion occurred on a bill reported by unimpaired; to maintain the Constitution of this land anu secure the the Committee on Privilege and Elections providing for a new elec- protection which it promi es to each and every State of the ·Federal tion, and so fully satisfied were our republican friends that Kellogg's Union . We may not fail in tllli! l.tigh duty at the bidding· of courts government was a u nrpation and not a lawful government that a or Presidents or any other power whatsoever. lar(J'e majority of them were in favor of overthrowing it and holding We all remember a few year ago when the vandalism of the com another election under authority of Congress; but to-day they pro- mnnist struck down the Column Vend6me in Paris that it sent a po e to seat Pinchback in this body a the representative of that thrill of horror and indignrttion throughout the civilized world. But tlsnrpation.· I could quote the language of other Senators, but it is what is a mere creation of art compared 'vith the system of republi- unnecessary. can government bequeathed to ns b:t, our father Y Shall we, more Mr. President, I might dwell upon there nlts which have foJlowed ruthless than the communists of Paris, by the recognition and sup- thi usurpation; I might speak of its effects upon tbe materialln·os- port of a gross usurpation, strike down the very Constitution of the perit.y of that State, and show t.hat that State, one of the richest in country which secures to us onr liberty9 I hope not. _ soil, one of the best in reference to climate, possessing .more natural I shall record my vote not only against the resolution to seat P . B. elements of wealth and prosperity than almost any State in this S. Pinch back as a Senator on this floor, but against every resolution Union, has been ruined and the material interests of the State de- which directly or indirectly recognizes the rightful existence or the stroyed by this usurpation that bas been set up and maintained over legality of the KeJloll'g usurpation. the people. But why consider the destruction of m!lterial interests The PRESIDING OFFICER. The question is on agreeing to the which the people have suffered when they have been deprived of resolution"proposed by the Senator from Indiana. their liberty~ "While they bave been and are treated as serfs w bile 1\Ir. CHRISTIANCY. Ur. President, I ri e not for the purpose of they have been and are wronged in the tenderest point, while the making a speech or entering into any extended argument on this ques- very liberties of that people have been taken away from them, why tion, but to explain some of the grounds upon which I shall give my apeak of the destruction of their material interests What is wealth, vote. It has been so long di en eel that all Senators, I suppo e, are what is prosperity even, if these could exist in Louisiana while her now familiar with it. Not having been in the habit for the last people are slaves and wear day by clay the badges of their degrada- eighteen years of oral discussion, but accustomed to expres myself tion f What though the sky be bright above them and the balmy somewhat carefuJly, :mel being able to condense better by submitting air be freighted with the perfumes of richest flowers, the proud spirit what I have to say in writing, I have done so in tllis instance; and I of freemen cannot b~ content to wea.r the chains of slavery. They beg the indulgence of the Senate while I proceed to read my views, prize their liberty far, far above all else. Let rrie ask you, Senators, promising that hereafter I shall seldom offend in that way. do you further propose to add to their humiliation and degradation The question we have before us upon the admission of Mr. Pin~b­ by aumitting to tbi'l body as a Senator from that State a man who back, as baa already been well remarked, is not a mere partisan or ha assisted to rob them of their rights and their liberties~ Do yon political, but a legal and constitutional question, depending, however, propose further to affiict them by declaring in the admission of Pinch- as all legal questions do, upon the facts to which the law is to be back that Kellogg is their rightful master and that they must con- · applied. · tinue to be his slaves What are these facts in the present caseY It is conceded that the I might speak of the disadvantages which the people of this whole Legislature by whose votes he claims to have been elected, and the country have suffered, because I lay it down as a general proposition governor who e certificate be holds, were elected, if elected at all, in that the people of this country ca.nnot be injured in any part of the November, 18i2. The Senator from Indiana, who has argued this country without its reflecting to some extent its influence upon the question with his usual and acknowledged ability and adroitness, and whoJe country. Sir, that State which was once a large customer in who has placed the right of Mr. Pinchuack upon the grounds upon northern markets has been denied the ability now to come North and - which it must stand, if it can tand at a.ll, in one, and, as I think, the purchase in New York and Boston and in other commercial cities of most important-branch of his argument claims that the only fact the country; so that the very disadvantages which that people have material to the question is the certificate, in dne form, from Kellogg, felt aro beginning to. be felt in the northern section of the country. purporting to be the governor of Louisiana, and under the seal pur- Her material interests have been blill'hted and the libeJ.1iies of her porting to be the seal of that State, of_Mr. Pinchback's election as people destroyed and the whole country is beginning to feel to a Senator; that this constitutes a prirnv. facie case, and entitles the ap- certain extent the injury which has been inflicted upon a sister State. plicant to admission as a rr.ember of this body and to be sworn in; Now we_ are called upon, after the great wrong that have been per- and tllat if the body purporting to be the Legislature who elected him, petrated, to indor e by otu action, by our recognition of that govern- or Kellogg, who signed his certificate, wa.o; not legally elected, and the ment, in granting a seat to Pinch back in this Chamber-we are called election did not make the one a Legislatnre nor the o her governor, upon to giv-e our recognition and our indor ement to- I bad like to these f.ICts can only be bo\vo after Pinch backs admi sion here, for have said to connect ourselves with the conspiracy t.o overthrow the purpose of expellinll' him. · tho liberties of the people of Louisiana.. I hope the Senate will not WhPre t.he legal exist.ence of the Legislature purporting to make the do it. election lli conceince all the evidence is before us bearing upon the question one branch of this government thns set up, can be any more binding ·of Pinchback's right, which the majority of the committee believed upon us than the action of the pretended legislature, whether these showed that there wa-s no legal government-and the majority of the judges were in office under previous existing governments, or judges Senate may draw the same conclusion-what becomes of the prima had been thrust out and others put iu their pl~ces for the purpose of facie case, resting upon the presumption arising from the certificate f securing the desired course of decision. · Is not the evidence now to be considered upon the merits 7 And now, Mr. President, for the pnrpose of testing by its results For illustration, take the strong presumption in favor of innocence the sonndness of any course of reasoning which would bind Congress in a criminal case. After evidence has been introduced tending or the Senate by the action of a State government thus set up and strongly to prove guilt, and from which the jury might properly established, or any branch of such government, I will say that, if find a verdict of guilty, what would be thought of the judge who this is true of the State of Louisiana, it must be equally true of any should bold and instruct the jury that, no matter how strong the evi- and every· other State in the Union where such a government might dence, or whatever it might be, they must disregard it, because the be thus set up and sustained; and the same course of reasoning la.w presumes innocence, and they must act upon that preeumption which wonld authorize the setting up and sustaining such a govern- alone, and acquit Y ment in Louisiana, would, as matter oflaw, equally authorize it in any 1875. CONGRESSIONAL REOORD. 41 other State under like circumstances; that is, when the candidates for ship, and refuse to establish a new and, at least, a questionable prin- governor and Legislature on two opposing tickets both claim to be ciple, which may return to plague the inventors. elected, and neither has yet got possession of the .government, :tnd, to I have bnt one more point to notice. It has been gravely urged • make the parallel entirely fair, when, in the opinion of the President, here that Louisiana, being ent itlecl to two Senators upon thi~ floor, it violence may be apprehended from the contest. This might occur in is a wrong to the people of that State to refuse them the enjoyment any State, as well at the Nort.h as in the South. Suppose it had of that right; and therefore we ought, in orcler to avoid this wrong occurred, as it might, in Michigan, at the last election, and, owing to to the people of that State, to admit Mr. Pinchback. Now,accordi ~ g the heated passions of the partisans on either side, and the frauds to my reading of the reports recently made to the House by both the comm.itted at the election orin canvassing the votes, a similar difficulty majority and the minority of their committee, the majority of the existed in determining which candidate tor governor was elected; and people of Louisi8.na are opposed to the Kellogg government, and to while the dispute was still open, and neither candidate for governor had Pinch back as their representative in the Senate; and they would, obtained possession of the office, a district court of the United States of course, prefer being unrepresented to being misrepresented; they had assumed jurisdiction of the question in the same or any other are not, therefore, likely to complain of any specin.l grievance aris- w ay, fto decide who was elected, and undertaken to decide upon the' ing from his rejection. election of member~ of the legislature, and the President had sent REPORT ON ALLUVIAL BAS:lli OF THE MISSISSIPPI. the military to enforce this decision of the Federal court, and to place in power and sustain the candidate in whose favor the court had de- Mr. ALCORN submitted the following resolution; which was re- cided. While the people of Michigan might not object to the action ferred to the Committee on Printing : of the military in preserving the lives of citizens against insurrection · .Resolved, That five thousand copies of the report of the commission of engineers and violeTJce, would they be likely to recognize the validity of the appointed in compliance with the act of Congresa ap.Proved .June 22, 1874, to inves· ti~ate ancl report a permanent plan for the r eclamation of the alluvial basin of the government thus imposed upon them Y Would they be likely quietly Mississippi River subject to inundation, be printed for the use of the Committee to submit to itt The people of Michigan are a law-abiding people; on the Levees of the Mississippi River. · but I· know them well enough to venture the assertion that it would COMIDTIEE SERVICE. take several regiments of soldiers to keep them quiet under a govern- ment thus imposed, and more than all the armies of the United States M:r:. RANSOM, on his own motion, was excused from further service to make them love or respect it. as a member of the Committee on :Military Affairs. They would see, as I know they do to-day see and feel, that the Mr. GORDON, on his own motion, wa-s excused from further service election of a State governor or a State Legislature was not to be de- as a member of the Committ-ee on Commerce. ciestigate Pinch- whatever Mr. Thomas might think of his own conduct, however little he back aud find out whether he was rightfully elected. But that is not might think t)l!).t that was aiding and abetting the enemy, the Senate all. .A. conclusive answer to the Senator's position about a p1•f'ma facfe decided for him that the acts of which he was conf eilly gnilty_:_if that term can be applied to them- were aiding and abettingthe ene- facie case is that t h e Senate bas not seen fit to seat Pinchback on a prima my and that therefore he could not take the on,tb of office; antl ca e, but has seen fit to take the otlier coursQ aml have an in- hence he was excluded. vestigation; and the moment you h ave an investigation ~nd have But it is immaterial to considar whether I made the statement too the facts before you, all questions of prima faci e!J vanish at once. broad or not. I can stand upon it precisely as I made it; but it has When you have the evidence before yoll, hen you are compelled t~ no application to this case. I said : decide upon the merits, in every c~urt and in every legislative borly . It is useless to talk now about 11rima facies after the Committee on The Committee on Privileges and Elections, in accordance with the universal pra.ctice of this body from the foundation of the Go, ernment to this day, a pra.c. Privileges and Elections have investigated thi matter for months, 7 tice that has not a sin_gle exception, reported that- the credentials of this gentle- have laill before us a body of te timony amounting to a thousand or man b-eing correct and he having been elected b.v a bouy competent to elect, he more pages, have r eported their conclu ions upon that testimony, wasprim.ajacie. entitleu to his seat and to be sworn in. every qlember of the committee giving his conclusions. After all 1\!r. President, how different is tills ca e! H ere it is begging the this, it will not do to say that it is a question of prima facies a11y very que tion to say that Piuchback was elected by a body compe- more. It is a que tion now upon the merits. Why, how abslll'd would tent to elect. it be to scat Pinchback upon what is called a prima facie ca e, a.Ild . Mr. MORTON. The part the Senator now r ead was in a subse- then upon the very evidence which we have before us to turn him quent part of the debate; it is not a part of the speech I quoted. It out of his seat th e next day if a majority of the Senate believed that was upon the report being made by the committee of which the Sen- upon t hat evidence he was not entitled. And yet that is what the ator was a member at that time. · propositiorr of the Senator from Indiana would come to. No, sir; 1\Ii·. THURl\iAN. I do not know whether it is from the same part that will not do. or not, bnt this is the statement I made. But in t he next place, as I have said before, the proposition begs the fr. MORTON. That is in a subsequent speech. question; it assumes that Kellogg was governor when h e signed the Mr. THURMAN. It does not matter whether I made it one day or credential . We have a right to consider that question; we must another day. Thn,t was my position. The vice of the argument of consider it. If Kellogg was undoubtedly the governor at the time the Senator from Indiana is that it begs the question. It assumes he signed those credentials, then there might be some foundat ion for t hatKelloggis governer, and that thereforePinchhack'scredentialsare the argllment of the Senator in ca e there was nothing else before us pTinw facie evidence. It a umes that the Legi ·lature that elected t han the c;redeJ;ltials ; but, the whole ca e being before us, we are Pinch hack wa.s the true Legi 'lature. Both of these are assumptions bound to decide whether Kellogg was the governor; and if we find which the Senat r has no right. to make; and therefore this case is that he wa not, then his co.rpmi sion goes for nothing at all. And not at all in the same category with the c;;t e of Goldthwaite or tho e if we decide that he wa then the governor, that still does not settle of which I spoke. The Senate, however, as ha been shown, h~-s it, because the question still comes before us, wa the body of men l1y repeatedly kept Senators out, and especially it. kept Goldthwaite out whom Pinchback was elected the ln,wful Legislature of the State Jf for a year and it kept Ransom out for a long time, I think for nearly Louisiana So that two t hings have t o b e established here ; fir t, a year. that this man was elected by a lawflll body constituting the true Mr. MORTON. Myfrieud will allow me to suggest right t here that Legislature of Louisiana; and, ecoudly, that he has the commission the Ransom case was referred to by the Senator from North Carolinal of the executive of that State. If he has not that commi sion, then [ ~!r. MERRil\:ION.] I a k him if be refers to that as a case in point r be is not entitled upon it, however much he might be ntitled if the 1\lr. THUR. fA.J.~. Ran om wa kept out. Why was he not seated' evidence in the case showed that he was elected by he lawful L egis- Mr. MORTON. Will the Senator allow me to stat~ that in the lature of that State. Ransom ca e there bad been a previous election of Vance, and the Now, was Kellogg then governor of that State 7 .At the ri k of (}ne tiou was whether there wa a vacancy. It was conceded that being a little tedious, I shall refer to the finding of your committee, Ransom's credentials showed his election and pri1na facie entitled and I llo not detlm it nece sary to refer to more than this finding, him to a seat ; but the fact of his credentials being iu proper form although it h as been r eferred to so- often. On pages 43 and 44 of the did not determine the que tiou whether there wa a vacancy. Vance report your Committee on Privileges ancl Elections say : bn.d before been duly elected, but Vance was ineligible under the Indeed, it is impossible not to see that this bill was filed- fourteenth amendment, and he never pre ented his credentials to this That is, the ~ntoine bill- body and never came here; but that fact of his election wa known, aud when Ransom came here with his credentials, it was urged that and there training order thereon was i sued for the sole purpose of accomplishing what no Federal court ha.e the jurisdiction to do, tho organization of a State Legis· there was no vacancy for him to fill. It was never preteudeu that the lature- 1875. CONGRESSIONAL RECORD. 43 This Legislature by which Pinchback was elected- eral Assembly of th::~t State. Here then was a board that had no law- And your committee cannot refrain from expressin" their ast-onishment that any ful existence, a board that had no lawful returns, a board that avow- judge of the United States should thus unwarranta.bYv have interfered 1'ith a. State edly deteb.nined to count in the republicans no matter whether they government, and lmow no language too strong to express their condemnation of were elected or not, and t hat in order to count them in counted thou- such a proceeding. sands of forged affidavits and made returns from parishes upon their It is the opinion of your committee that but for the unjustifiable interfer ence of Judge Durell, whose orders were executed bv United States troops, the can.-ass own knowledge of what were the politics of the parishes without any mado by the De Feriet board, and promulgated ·by the governor, declaring McEnery r egard to the votes at all. Sir, nothing more need be said about that. to have been eleoteu governor, &o., and also declaring who had been elected to the It was .the list of men certified by that Lynch board-or not all of Legislature, woulu ba.ve been acquiesceu iu by the people, and that government wotl.ld have entered quietly upon the exercise of the sovereign power of tho State. them, for they had to certify some conservative - but it was the list But the proceedings of .Judge Durell, and the support given to him by United of republican men certified by that Lynch board that elected Pinch- States troops, resulted in establishing the authority de facto of Kello~g and his back. How came they to get possession of the State-house f How a sociates in State offices, and of the persons declared by the Lynch ooard to be came they to get any apparent authority to act This report finds elected to the Legislature. We have already seen that the proceeclings of that board cannot be sustained without disregarding all tho principles of law a.pplicable all the facts. It was by the orders of Durell that they were enaulell to the subject, and ignoring the distinction between good faith and fraud. to do it. In the first place, upon Kellogg's bill, which was a, simple Your committee are. therefore, led to the conclusion that, if the election h eld in injunction bill, Durell undertook to restrain what was called the- November, 1B72, be not absolutely void for frauds committed then•in , McEnery Warmoth board from counting the votes at all. But tha.t did not and his associates in State offiees, and the p ersons · certified as members of the n~gi lature by the D e Feriet board, ought to be reCO!!Dized as the legal govern- succeed. The governor signed an act of the Legislature on the 20th m ent of the State. Consiflering all the' facts establitndell to have canvased tllereturnsof the election, anllcertified to thesecretnry of strued in that State, and that .Judge Dibble was appointed by the governor under state that Kellogg had been elected governor; Antoine, lieutenant-governor; Clin- similar circumstances. ton, auditor, Field, attorney-general; Brown, superintendent of education; and The D eFeriet board, therefore, had color of official existence. Their can.-a.ss D e londe secretary of state; and also certified to a list of persons whom they had was completed, aml the result promulgated under color of the State law, annu the canvass made the United State f If the question arise under the laws or Con ti- by that board. To this there are three answers : tution of the United State , then the Supreme Court of the United First. The supreme court, in the case referred to, is understood not to have had any testimony before it showing the character of the proceedings by the Lro:ch States will not follow the decision of the court of the State, but will board, which testimony is before your committee very fully. Fraud vit1ates lay down the law for it elf; but if it arises entirely under the law of everything, and it is certain that no court, upon the testimony before your com- the State or the constitution of the State, then the Supreme Court mittee, could hold the canvass by that boanl to be valid. Second. In the opinion of your committee the supreme court had no juriscliction of the United States in all cases follows the decision of the supreme of the case in .which they made the decision. The judgments of every court, the court of the State. most exalted m character, are absolutely void if rendered without jurisdiction. ~h. THURMAN. The Senator has been so long from the bar that But this point will be consiclered more fully hereafter. he has got very rusty, prodigiously rusty, [laughter,] or be never Third . .But for the interference of .Tuclge Durell in the matter of this State elec- would make any such bolored to maintain its authority. Indeed, we do not see how the question could be tried aud jucticially decided in a this statement. I ask the Senator how the Supreme Court of the State court. (7 Howard, 39.) . United States can get jurisdiction of any case from. a State unless it involves some question arising under the Constitution and laws of That is what Chief Justice Taney said; delivering the opinion of the United States f the court in the case of Luther 'VB. Borden, that the political power Mr. THURMAN. Now the Senator is ahowinO' that he is more ig- of the State of Rhode Island had r ecognized that government to be norant than I supposed he wa,s. [Laughter.] If the Senator from the true and valid government which prosecuted Dorr, and that Dorr's . Indiana sees fit to bring a suit n.gainst me in the circuit court of government was not the true government of that State. It was that the United States in the State of Ohio on a prolnissory note he can do decision of the political power of the State of Rhode Island which it, and that case can come to the Supreme Court of the United States, the Supreme Court said was conclusive so far as that State wa-s con- and there is no question about the Constitution, laws, or treaties of cerned, and the recognition by the political power of the United the United Stat.es in it. States was conclusive so far as the United States were concerned. No, Mr. President, this will not do. The Senator cited the case of Now I ask the Clerk to .reacl the opinion of Judge Trumbull on tllis Luther vs. Borden, which is a case directly against him, for what question from his report made in 1873. said the court in Luther vs. Borden f The Chief Clerk read a,s follows: Indeed, we do not see how the question could be tried and judicially decided in The history of the world does not furnish a more palpable instance of usurpa. a State conrt. tion than that by which Pinch back was made governor and tho persons returned by the Lynch board the Legislature of Louisiana; nor can a parallel be found for That is what the court sn.id there, and it goes on to say: tho unfeeling and despotic answers sent by order of the President to tho respect. ful appeals of the people of Louisiana. This pretended Legislature installed in Judicial power presupposes a.n established government capable of enacting laws power by the aid of the Uuited States Army, in pursuance of a void oruer of a and enforcing their execution and of appointing judges to expound and admin- United States district judge, proceeded to elect John Ray to r epresent t.be State of ister them. "The acceptance of the judicial office is a recognition of the authority Louisiana in the Senate of the United States; and it is said the Senate must receive of the government from which it is derived. And if the authority of that govern- him because tho supreme court of Louisiana has decided the Pinch back legislatun~ ment is annulled and overthrown, the power of its courts and other officers is an- to be the rightful Legislature of the State, and that the Senate is bound to follow nulled with it. And if a Stato court should enter upon the inquiry proposed in this the decision of the State court as to what constitut-es its Legislature. case, and should come to the conclusion that the government under which it acted It is true, as a rule, that the Federal courts follow the decisions of the Stat& ba~ beel} put aside and displaced by an opposin~ ~overnment, it woulcl ceru~e to be courts in regard to the construction of their own constitution and laws; but it is a court, and be incapable of pronouncing a judimal decision upon the question it not true that the legislative department of the Government follows the decisions undertook to try. If it decides at all as a court, it neccs arily affirms the exist. of the courts upon political questions. The inquiry what is t.be established gov- ence and authority of the government under which it is exercising juilicial power. ernment in a State belongs to the political ·and not the judicial power. The Sell· (7 Howard, 40.) ate, by the Constitution, is made the sole and only jud~e of the election of its Now apply that to tbe decision of this judge, Hawkins. He was on members, who can only be chosen by the Legislatures of the respective States. Ordinarily the body r ecognized in a State as its Legislature would be held by the that Lynch board. The so-called Pinchback legislature, which re- Senate to be the body authorized to elect a Senator; but when, as is the case in warded every single man on the Lynch board with a lucrative office, L ouisiana, there are two bodies in a State, each claiming to be its Legislature, and abolished a C(mrt and created another with the sole jurisdiction to try each of which ha-s chosen a person to r epresent the State in the Senate, in ilecid· contested-election ca-ses, and put this very man Hawkins, one of the ing between the claimants the Senate must necessarily determine which body was infamous Lynch board, on the be.p.ch of that court, deriving his au- theInrightful Legislature and hall authority to make the election. view of the facts as shown to exist in Louisiana, the decisions of its courts in thority from a so-called law passed by that so-called Legislature, and favor of the validity of the Pinchbaek le~sla.ture are entitled to no respect what- a commission of thn.t so-called governor, William Pitt Kellogg. If ever. As has been already shown, that Legislature was not elected nor brought. he had decided that Kellogg was not the go\rernor, that that body into being by the people of the State, but owes its existence to the void proceed- ings of tho United States court supported by military force. It was the creature- of men was not the Legislature, that very decision would decide thn.t of force and fraud. Its first act was to impeach and suspend the governor (War- he was no judge. It is the very caHe put by Chief Justice Taney moth) and install Pinchback in his place. It then abolished ono court and set up- in the case of Luther vs. Borden, and to cite such a decision as that, another iu its plac~ and Pinch back appointed Hawkins, one of the Lynch r eturn- to cite the decisions of a State co:urt under such circumstances and ing boarll, judge of the newly-established court. To give any consiileration to the· decisions of a court thus set up would be to aid the usurpation. Hawkins counts say they are binding upon the Senate of the United States in the in spurious members of the Legislature; that Legislature makes a governor, who· exercise of its sole jurisdiction to decide this question, is really tr~g makes Hawkins judge; and Hawkins then decides the Legislature to be legal. with reason and ignoring law. Mr. THURMAN. Now, Mr. President, to show how complete-- Mr. BAYARD. Will my friend call attention to what Mr. Trum- :Mr. MORTON. Will the Senator allow me in view of the statement bull said about this judge, Hawkins 'I · he ha-a just made-- :Mr. THURMAN. I will thank my friend to read what was said by Mr. THURMAN. I wish the Senator would not interrupt me now. Mr. Trumbull on this same subject. • Mr. MORTON. I wish the Senator would just allow me-- Mr. BAYARD. It is as follows, from Mr. Trumbull's report: 1\Ir. THURMAN. I a,sked the Senator when he was speaking the In view of the facts as shown to exist in Louisiana, the decisions of its courts in other day to allow me to say a word about what he quoted from w bat favor of the validity of the Piuchba<:k legislature are entitled to no respect what. ever. As has been already shown, that Legislature was not elected nor brought I had said myself, and h e declined. into bein11: by the people of the State, but owes its existence to the void proceP.dings Mr. MORTON. If I had charged the Senator with misrepresenta. of the United State court supported by military force. It was the creature of force tion, I would have allowed him to correct it . and fraud. Its first act was to impeach and suspend the governor (Warmoth) and Mr. THURMAN. The Senator has the whole session to correct it. install Pinch back in his place. It then abolished one court and set up another in its place, and Pinch back appointed Ilawkins, one of the Lynch returning board, I do not wish to be interrupted now. judge of the newly-established court. To give any consideration to the decisions Mr. MORTON. I ask to read just where the Senator left off in the of a court thus set up would be to aid the usurpation. Hawki.ns counts in spurious decision in Luther vs. Borden. members of the Leg1slature; that Legislature makes a governor, who makes Haw- Mr. THURMAN. How much does the Senator want to read f kins judge; and Hawkins then decides the Legislature to be legal. :Mr. MORTON. Not much. Mr. THURMAN. I had marked that place to be read. I will ask Mr. THURMAN. If the Senator wants to read for the purpose of the Clerk to rea-d the whole paragraph of what Judge Trumbull said enlightening hi.rnself, it will take more time than I can spare. on this subject. I send it to the Chair. Before the Clerk reads it, I [Laughter.] wish t.o say one word more.in regard to Luther vs. Borden. Mr. MORTON. I want to read enough to send back the charge of Mr. MORTON. Has the Senator the seventh volume of Howard's ignorance where it belongs. Reports at his desk t Mr. THURMAN. Go ahead. Mr. THURMAN.. I have not. Mr. MORTON. I will do that. In the case of L~tber -vs. Borden, 46 CONGRESSIONAL RECORD. MARCH 13, speaking about the authoritative decision of the supreme court of of view a-s the law-making power we include the Pre ident of the Rhode Island, the Supreme Court said: United States, because his approval is necessary to make any bill It is worthy of remark, h_owever, when we are referring to the authority of_State that we may pass a law. If, therefore, Congres ·, acting in its legi - c1edsious, that -the trial of Thomas \V. Dorr took place after the const1tutwn of lative capacity, (for that is the proposition of the Senator,) can alone 1843 weut into operation. The judge who decided that case held their authority overturn the presidential recognition, then it must be by a bill or under that constitution· and it i a1lmitted on all hands that it was adopteU by the people of the St.'tt•e, and is the lawful and e ta,blishcd governm ent. It is the ae- resolution that goes to the President for his approval, and which if oision therefore. of a State court, whosejuclicia,I authority to decide uppn the con- he vetoe or refuses to sign fails to become a law. So then the prop- stitution and laws of Rhode Island is not queRtioned by either party to Ibis contro- o ition of the Senator from Indiana puts it absolutely in the power versy, although: the government under which it actecl was framed and atiopted of the President to decide who shall be mem her of the Senate of the und r the sanction and laws of the charter government. The point, then, r:Used h er·e has l>een already decided by t.he courts of Rhode United States or of the House of Representatives; that is, whomso- Island. The question relates altogether to the constit.ution and laws of that State; ever he recognizes, whatsoever body he recognizes, that body i the and the well- ettlerl rnle in this court is, that the courts of the UnHed States adopt lawful government of the State, and by con equence ha the author- and follow the decisions of the State courts in questions which concern merely the ity to appoint Senators aud under its laws Representatives are to con. titution and laws of the State. Upon what ground could the circuit court of the United States which tried this be elected. It is a.n ab olute surrender of the power of the Senate case have departed from this rule and disre~ardeu antl O"\'"erruted the decisions of and the po·wer of the Honse to determine the elections, qualifications, the courts of Rhode Island 1 Undoubteill v tnQ courts of the U nitetl States have and returns of their own members. certain powers under the Constitution and laws of tho United States which do not The Senator seems to have a vague idea that Congress may enact belong to the tate courts. But tho power of determining that a State government has been lawfully established, which the comts of the State disown and repuui- laws without the presidential approval, that Congre s may reverse ate is not one of them. Upon such a question the courts of the Uniteu St..'ttes are the pre ident by a joint re olntion of the two Houses, a legislative bot~d to follow tho decisions of the State tribunals, and mu t therefore regaru the resolution forsoo th! How can it do any such thing a-s that f How charter government as the lawful and established government during the time of can Congre&>- pa s any act of legislation that requires the concurrence this contf:lst. of both Houses, unless it be the establishment of a joint rule for the I therefore send the charge of ignorance and misrepresentation conduct of the business of the two Houses, or the appointment of home to roost where it belongs. committees for the auditing of expenses, or those matters of the bu ·i- Mr. THURMAN. If the Senator had not been answered about six ness of Congress which we provide for by what are called concurrent times on this sn bject already-- resolutions- how can Congres make anything that has the force of Mr. l\10;RTON. Not once. law by joint resolution or bill without sending it to the Pl"e ident of Mr. THURMAN. He r ead the same thing and he was answered by the United States for his approval' the Senator from Wisconsin (Ur. Carpenter) during the last Congress. I come back, then, to the position that the Senator's proposition Mr. MORTON. This speaks for itself. gives the entire power to the President of the United State . It .Mr. THURMAN. I know it speaks for itself, and I know very woulf that usurpation 1' No one can pretend it; and yet it might be iu as well as its republican character, is recognized by the proper constitutional author- the de facto exercise of power in that State, not a de facto government ity. . as lawyers under tand a de facto government-one having color of · That is, we recognize it; the Senate by seating the Senators, the title- but a government in point of fact exercising supreme authority House of Representatives by seating the Representatives; not by bill, <>ver that State. Would this Senate feel bound by the decisions of not by joint resolution, that is sent to the President for his approval such a supreme court¥ J.funifestly not. In the exercise of its power, or veto, bnt by our independent action in seating Senators and in if the question aro e whether a Sen~tor from that State elected by seating Representatives, so that this very decision says we are to that usurping Legi lature was the true Senator or not in this body, decide on this questio The House is to decide according to its judg- ma.n ifestlyit would sa,y "we will not recognize this usurpation, which ment, and by the decisions that we make in that way the State gov- is directly in the teeth of the Constitution of the United States, which ernment is recognized by the proper constitutional authority. l!"'ur- binds us to grummtee to every State a republican form of govern- tbermore the Chief Justice, speaking for the court, goes on to say : ment." .A usurping form of government i not a republican form of .And its decision is binding on every other department of the Government, anon- in ettling his judgment that even a majority of the Senate might be tleman comes td this body apparently chosen by the Legisla.ture of of that same opinion; he did not think he was answered; he does a sovereign State and presents himself as its representative, it is duE> not think so to-day; he never will think so as long as he lives. That to the honor and the integrity of the State that he should be received i his own idiosyncrasy; he cannot help it, and I will not complain of into our midst. it. There is nothing better perhaps than for a gentleman to live on But, Mr. President, rules of all kinds have thei.J.: just and proper ex- .good terms with himself; and if my friend from Indiana has that ceptions. This rule has had on more th:;m one occasion not onl5r n extreme good fortune of being always on good terms with himself, I just and proper exception but in my judgment has been subjected to. congratulate him on the possession of a characteristic which will most unjust and improper exceptions. I know of no gentleman who coutrilmte more to his happiness than all the other grand and amiable has within recent years occupied a seat in this body, I refer to the characteristics that he posse ses. late Mr. Fessenden, of Maine, now having gone to his long account, Now, Mr. President, one word more. The Senator says that the I trust enjoying that peace which passes our understanding-! say theory .that this is a political question, if I understand him, would I know of no gentleman better a.cquainted with parliamentary prac- authorize Congress to decide who is a constable in a State. Is that tice or upon whose opinion on that subject I would more firmly depend. an argument worthy of the acknowledged ability of the Senator from I trust I am not infringing upon that rule of senatorial courtesy to Indiana Y I think on reflection that it is not. I think on reflection which Mr. Carpenter jokingly referred in the be~inning, I think, of he will admit that the Senate of the United States has nothing to do the last Congress, whev. he said that the CongresSlonal Globe is not a with deciding who is a constable in the State of Louisiana or .Alabama good book to refer to if it recites senatorial opinions more than two or Ohio; but I think he must admit that the Senate of the United years old, for this is a case in which I hardly believe I should be vio- States has something to do with determining who has a right to a seat lating that rule, when I refer to the views of Mr. Fessenden in the on this :tloor. case of Governor Thomas of my own State who had beeu elected by Again, sir, he says that would authorize us to go into a determina- the lawful Legislature, and who appeared here with no one from his tion of the right of each claimant to a seat in a State Legislature. State disputing the right to his seat on this floor. Mr. Thomas came It does no such ' thing. The Senator from Indiana in the Gold- here with his proper credentials from the State of Maryland thwaite case did express his opinion that if the objection to a mem- and offered himself ready to take the oath. Objection was made. beiJs holding a seat in a State Legislature was that he was disqualified My friend the Senator from Ohio [Mr. THuRMAN] will pardon me under the fourteenth amendment, Congress might look into that for saying that the objection as stated by him was not the real ob- question. He made that an exception. He is the only man I know jection that was made on .the floor of ~he Senate when he offered of who does make that exception. I agree with him-and nobody himself ready to be sworn m . Mr. Fessenden there stated the rule, ever entertained a different opinion-that the question as to the qual- and I refer to it, but will not occupy the time of the Senate by read- ification of members of a St.a te Legislature is a question to be decided ing it unless asked or unless it is disputed. Mr. Fessenden laid down by the house of the Legislature in which the claimant asks for a seat. the rule, that by a long line of cases every Senator, who presented No one disputes that; but there must first be a house ; there must himself with proper credentials and without serious objection was first be a body competent to decide. If the body that undertakes to entitled, aud had been admitted to his seat, until the war broke decide is no house at all, if it is a mere body of usurpers, if it is a mere out, and then he himself had objected to the formal admission of mob, you have to beg the question and say it is a house before you Mr. Stark from the State of Oregon; somebody else had objected to can give any effect to its decision. That is precisely the case here. the admission of Judge Patterson from .the State of Tennessee, and This body of men were not the house. The whole of the Senator's then came the case of Governor Thomas. Mr. SHERMAN, of 9hio, argument is based 9n a be~ging of the question and saying they were. also gave his view of the case, which I will ask the permission of the Mr. WHYTE Mr. PreSldent, it is with unaffected diffidence t·hat I Senate to read : ris to acldre s the Senate on Louisiana affairs, and I am the more em- There is no question of constitutional law raised in this matter, &c. The right barrassed in following immediately after two such distinguished Sena- of the Senate to pass upon the elections, qualifications, and returns of its members tor and after the able and logical arguments which they have delivered is given by the Constitution. Ordinarily, when a paper is presented in due form, on this floor yesterday and to-day, the Senator from Michigan [:Mr. showing the election of any citizen of the United States with the requisite qualifi- cations, by any State, be is admitted to his seat. We have the right, however, to CHRIST~CY] and the Senatm from Ohio, [Mr. THURMAN,] and es- pa-ss upon the election, returns, and qualifications of the member. Whether we do pecially following the bandying of excited words which has taken it before be is sworn into office or afterward is simply a matter of di cretion in the place between our friends so recently before us. I am the more em- body. Our right as judges, given to us by the Constitution, would undoubtedly barras eel, knowing my own inability to add any freshness to this authorize us to pass upon his qualifications before administering the oath of office. " thrice-told tale," or to add new interest to anything that may be Even, as it will be seen, on his qualifications, without waiting to said in its discussion. But, sir, the question immediately in hand is obtain jurisdiction of his person before by having him sworn in. as to the composition of this body; a body which has in time past There can be no doubt about that. It is therefore simply a question of the order and I trust may continue in the long future to be one of the most in which the business of admitting the new member shall be transacted- In ordi- honorable and honored parliamentary bodies in the world. The nary cases the oath is administered, because it is presumed no objection will. be question comes before us in the 'tormof a resolution presented by the made, or if objection be made afterward1 that objection is inquired into and the a.ction of the Senate can then be recons1dered.-Oongressional Globe, first session Senator from Indiana, [:1\Ir. MORTON,] which resolution provides Fortieth Congress, 1867, page 175. that P. B.S. Pinchback should be admitted as a Senator from the State of Louisiana for the term of six years beginning on the 4th day . But in the case of Mr. Thomas objection was made on account of of March, 1873. The Senator from Vermont [1\fr. EDMUNDS] has words spokeu by him when he received the nomination bytheLegisla, offered an amendment to insert before the word " admitted" the ture of the State, I think at a champagne supper. They were words, if word" not," and I am happy to say that I shall range myself in that true, highly defamatory of the character of the Senate of the United army of which the Sena~or from Vermont shall carry the banner. I States; but he denied the truth of the assertion that he had ever shall vote for the amendment of the Senator from Vermont, and I uttered such language. These were the words. H~ spoke of Senators de ire to give some of the reasons which have actuated me in coming here being traitors to the Union, and that- to that conclusion. He would go there to fa-ce these men, who are now :md always were traitors to The argument of the Senator from Indiana, the only advocate ap- the Union. parently for the proposition whom we have yet heard on this floor, is The late Mr. Sumner seemed to have been particularly distressed at that the credentials of Mr. Pinchback being in due form, under the the words" always were," and inquired whether he said tha:.t, seeming signature of a person signinO' himself as governor of Louisiana, and to think that charge too heavy to bear; but if such words had refer- attested by the seal of that State, entitles him to admission to a seat ence to their actions since the war, probably it would not have been as a Senator, and that whatever objections m~ exist, if any, as to so serious an accusation. Said Mr. MORTO:N, of Indiana : the manner of his election or as to the legal character of the body If Mr. Thomas made that speech it is enough to ·put this Senate upon inquiry. by which he was elected should be inquired into afterward; or, in 'k * * * * * "* o hor words, that the filing of his credentials present a prima facie I will remark further that, after bavin~ beard that speech read, I should like to know something about the history of this m.m during the war. case for seating him in this bo y pending· inquiry as to his election. I won.ld not take the time of the Senate in adverting to this sub- Ancl he upported the reference of the credentials to the committee. ject, in mY. view of the case a it stands to-day, but it is well for I cite this merely to show that the Senator from Indiana himself t.ho ·e of us who have recently become members of this body to ap- has not only made objections to a claimant's admission upon his prima preciate and to follow good and substantial precedents. I admit facie case upon general grounds, but merely for words which he had that in the absence of objection, where a gentleman pre ents himself used iu ~t speech made in the State where he was elected. at the bar of the Senate with a certificate of election and offers him- I say there are exceptions. That case was supposed to be an ex- elf ready to take the oath provided in such cas , he i admitted, anu ception, and it was sent to the Committee on the Judiciary. I believe ought to be· admitted, and he becomes, for the time being, a member at that time there was no committee in this body on privileges and of the Senate. The signature of the gov.ernor, the proper attestation elections. It was sent to the Committee on the Judiciary, and they of the other officers of the State, the affixing of thf\ g1·eat s~al of the reported not in regard to these words at all. They found no reason IV-4 50 . CONGRES.S IONAL RECORD. MARCH 13, why Governor Th9mas could not take his seat except in the fa-ct that What are" returns f" · The paper title; but the election is the sub- his son had joined the confederat.e army and that he had given him stantial thing. Th~ ''election" is the title, the "return" tho paper some money before he went away. evidence of it. Without the electipn, what is the use of the return ! Mr. MORTON. I will state to the Senator another very important If the return is in form, if the return is correct, and yet the election fact which he omits-the letter written by .l\Ir. Thomas while he was is a fraud, we go back to the foundation and start from the election Secretary of the Treasury, I think in January or February, 1861, itself, and do not commence at the return at all. Election first, cer- which very clearly showed-- tificate next, and qualification last. The framers of the Constitution ~ii-. WHYTE. I am talking about the report of the committee, made the order, and by that order I propose to try the case. and I state it a.ccurately. I know that there was in the testimony a What is a p1'im.a facie ca-se 'f A case where the party presents him- great deal of evidence in regard to his course while he wa-s Secretary self without objection, with the paper title, with all the surround- o.f the Treasury under the Buchanan administration, but I am stating ingswhlchapparently give him a standing in this body. That case pre- what the Judiciary Committee reported which I have found in a sents a degree of probability which in the absence of evidence to the docum ent of that session. Th e Senator will find that they reported contrary would entitle him to reception. When you take your testi- q~ the 18th of December, 18G7, that they saw no reason to debar Mr. mony, when you have the facts before you, it is idle to talk about a. Thomas from taking his seat unless it was found in the fact of his prima facie case. Now, what facts have you obtained f You have the son entering into tho military service of the confedera-cy and in the majority report on this very case; you have the minority report on circumstances connected with that fact, and they reported no expres- this very case; and you have the report of the Committee on Privi- sion of opinion whatever. I admit that the Senate afterward, upon leges and Elections on the case which occurred in the Forty-third Con- discussion of Mr. Thomas's case, refused to allow him to take the gress. What was that case'f There maybe some Senators who have seat to which they had never admitted him, and the Le~islature of not had the time to look at it, and ·I do not want to cite as evidence Maryland howetl to your decision and sent General Vickers in his that which in my judgment is not clearly evidence in this contest. ~:~tead. I am not complaining of the action of the Senate; I am not That case grew out of an election made by the same Legislature, held complaining that the Senate, sitting as judges actin~ upon con- upon the very same day as that of Pinchback, and it occurred in this science, tm'ned Governor Thomas away from these doors. wise: The same Legislature voted upon the same day for two Sena- Mr. MORTON. Will the Senator allow me to interrupt him f tors, one of whose cases has been decided by this body and occurring Mr. WHYTE. Certaillly. thus: Kellogg resigned his seat in the Senate of the United States and • Mr. MORTON. I call the attention of the Senator to the ground went to Louisiana to be governor. The term for which he was Sena- upon which the rejection of Mr. Thomas was placed, the ground upon tor expired on the 4th of March, 1873. His resignation was dated some which it was taken out from the operation of the general rule. time in November, 1872, and thus a vacancy existed in this body for Whether that ground was solid or not, I shall not speak; but I speak the rest of his term. The certificate of Kellogg as governor was given of the ground oron which it was taken from t~e operation of the as well for the vacancy as for the next term beginning March 4, 1873, general role that the certificate of the governor makes a prim,a facie certifying that Mr. Ray wa-s elected on the 15th of January, 1873, for case. At that time we had but one oath for admission into this body. the vacancy, and that on the same day P. B. S. Pinchba-ck was elected That was what was called the iron-clad oath. There was no modi- for the long term. Therefore it is the same question, the same Legis- fied oath that coold be taken; and it was held by the majority of the lature, the same day of election, for the short term and the long term. Senate, upon what was regarded as public history as well as special The question is identically the s~me, whether t~e Legislature that evidence, that Mr. Thomas could not take the iron-clad oath without elected Ray was a lawfol body and whether the Legislature that committing perjury. elected Pinchback wa-s a lawfol body. If it was unlawful when it Mr. WHYTE. It was kind in our friends not to subject the gen- elected Ray, it was unlawful when it elected Pinchback. The same tleman to that ordeal! Did they ask him to take the oath t It is rule applies to one as to the other. It is a great public question, and the first time that the consciences of democrats have been takeninto in the investigation as to the one case the testimony is binding as to such carefol charge. But I am not objecting to it. I want my friend the other. There is nothing of a personal character to be inquired the Senator from Indiana to understand I do not object to his mak- into in either case. ing the exception. I agree with him that there are exceptions to the That committee reported what we have so often heard, that there general rule. He thinks Mr. Thomas's case was one, and now I am was no lawfol State government in Louisiana and that the Legisla- about to show that this case is another. If these cases of Stark and ture which professed to elect Ray wa-s no lawfol Legislature at all. Judge Patterson-and I will not refer to the other ca-ses mentioned Ray never was permitted to take a seat in this body. While we are by other gentlemen who have discussed this subject-if these cases acting here, not as legislators in determining this question, but as presented objections to the p1•i1nafacie title of the applicant, what qua-si-judicial officers, nevertheless we ought not to be bound by any must be thought of that objection made here, on all hands, coming strict and iechnical roles of evidence, such as are daily enforced in up in this body, coming up in the other branch of the legislative de- the courts of common law. We are bound to take a broader and partment, coming up all over the land f Here is a man aBking to be more comprehensive view. We must take judicial notice of many admitted to your body who claims his title to a seat upon an election things not proved in a special contest. We are bound to know cer- that was a mockery and a fraud. If these cases furnished objections, tain historical facts. We are compelled to take cognizance of things what must be thought of the case of a man who comes here from a of such public notoriety that, without the form of actual proof, we Legislature that had no legal existence, no power to exercise the cannot fail to receive them as facts; for while it is undoubtedly true functions of a lawful Legislature, who comes here and asks us to that sitting here in this investigation we are in a measure acting as a receive him as our peer and equal on this floor f Such a suggestion court of law and justice, yet we are also acting as a" com·t of dis- is one of a high public character. It is highly privileged in its nature cretion and of equity." Mr. Smith, of South Carolina, whose ability when made even upon the solemn a-sseveration of a Senator alone; was well known and whose knowledge of the usages of parliament- but when now made under the more solemn assertion of a standing ary assemblages was admitted, as early as 1793, in a case of con- committee of this body, it demands a prompt examination before the tested election, laid down this role, though he was at that time speak- applicant· should be permitted to participate in our.deliberations. ing of hearsay testimony : · If, therefore, Mr. President, the case was now presented for the The House had been told that hearsay testimony was unworthy of attention; but first time, and this was the beginning of the Forty-third Congress, he wished to remind them that they were not, like a court of law, restricted to pro- when the term for which he claimed began, with these denunciations ceed upon regular proof and not to go beyond the letter of it ; they were entitled of his right to a seat, I care not whether he be of my own party or of to hear and weigh everything advanced, and to form their opinion front the gen- the opposition, loving the institutions of my country, I woold vote to eral wnviction arising upon the wlwle circumstances.-Oontested Elections, 1789-1834, page 80. send his case to the Committee on Privileges and Elections. But I · am taking up the time of the Senate to no purpose. The period for That is the "role in contested elections or in questions of this char- the p1•ima facie case has long since passed. The argument which I acter, laid down ·by one of the ablest parliamentarians of this country. have heard in the Senate Chamber from the Senator from Indiana That role has been followed in both Houses over and over agaw. might have been made at the commencement of the ~'orty-third Con- That role, I apprehend, will be followed in this body. The question gress, but to-day it is as much out of place as the snow-heap of the here addresses itself to the conscience of every one of us; its decision lingering winter beside the blooming crocus which the fair-handed will overtmn no government in Louisiana. No matter what w e de- spring has just tm'own out under the very walls of the Capitol. cide, no matter whet]Jer we refuse to admit Pinchback, we cannot by P1·imta fa.cie case! It has gone. It is a mockery to talk to men of that overturn the present unlawful government in Louisiana; it will sense about a pl'inta facie case in regard to Pinchback to-day. The create no revolution; it will only assert either the dignity of t his case itself has been in the hands of a committee. It has been ex- body and its- determination to maintain the purity of elections, or it amined by the Committee on P1ivileges and Elections. On your will repudiate the wise counsels and 'the solemn findings of some of table lie a majority and a minority report upon this very question. the ablest men that have been members of this Senate. On thit> sub- The case is ready before us for final adjudication. We have the ject, I say, we are bound by no recognition. No specious argument majority report of the committee made at the last Congress by the can mislead me; no human eloquence, though the orator be silver- Senator from Indiana. We have the minority report made by the tongued, can teach me so far to forget my duty that I am to be bound Senator from Delaware [Mr. SAULSBURY] and the Senator who re- by the recognition of a court or any other authority in a matter of cently represented my own State here, [Mr. Hamilton.] Then what which the Constitution has made me a member and a component part is the question T The question is a plain, simple one. It arises under of a supreme judicial tribunal. that clause of the Constitution which declares that- I approach this question not as a partiSan; for though I may believe Each House shall be the judge of the elections, returns, and qualifications of its that John. McEnery was elected governor of Louisiana. that the Leg- own members. · islature on the same ticket with John McEnery was elected the law- 1875. CONG-RESSIONAL RECORD . 51 ful Legislature of Louisiana, yet to-day I say it on my individual I understand-for I cannot find the book-and that was a decision responsibilty only-for I have consulted with no one-1 would vote from that very court of which Hawkins was a judge. I may be against McMillen, who presents credentials as elected by the McEnery wrong for I have not seen the book; but I thought it was so read. .legi lature, because I am here to decide the question not according to Mr. WEST. It was the same court, but not the same judge. my feelings, not according to my beliefs, not according to my hopes, Mr. WHYTE .. The same court but not the same judge! They IJut by the sworn testimony that I find upon the table and by the sol- change their judges so quickly down there that I do not know whether emn findings, which I approve, of a standing committee of this body. at the moment of the decision Hawkins had got in or got ont. Now, says the Senator from Indiana, "you are bound by the decis- [Laughter.] They have a summary mode of executing people on the ion of the highest State tribunal in the State of Louisiana;" "I do not bench in Louisiana in these days. mean to say that you can ue compelled "-not using his language, Mr. WEST. Yes, and the Senator is quite as adroit in changing because he used that which was more apt, probably, for the discus- his position too. sion-" I do not mean to say that I can take you like the borRe to tho Mr. WHYTE. I have not tried to do so in the slightest degree. spring and compel you to drink ; I do not mean to say that you can But I was going to say, that we are admonished also tha.t 'the Presi- ue forced to do so;" but be addresses that which is the most persua- dent has recognized the Kellogg government and that we Me bound sive argument to men of honor and of intelligence," It is your solemn by that recognition. I admit that under advice which probably came duty before God and your country to reeoguize the decisions of the from his own law officer and which he was bound to respect, he not highest State tribunal of the State of Louisiana on this "question." being a lawyer and the presumption being that t.he Attorney-General He could use no language which would appeal to me with more force of the United States was a good one, the President may have been than that; and if I could be made to believe in such a doctrine as that induced to recognize a government that was unlawful in its character. I would vote for his resolution. But the doctrine is wrong; wr_o ng He was so induced, n.nd he recognized some one whom he found in in law, and has no foundation to sustain it whatever. We are bound possession, as he says. But whom did he recognize Y Did he recog- by no recognition of a State court ; and his view of the law is wron~ in nize the lawfully elected governor of Louisiana T Did he recognize regard to the Supremo Court of the United States as to its undeviatmg the man who had received the most lawful votes at the election for adherence to decisions of State courts. As a general rule-for, again, governor of Louisiana 7 Did he sustain with the Army of the United when the distinguished t:;enator from Indiana gets upon geneml rules States the Legislature whose members received the most votes for most of us can stand-his general rule is correct, that where the higbest legislators in Louisiana T No sir; he recognized a man who had no State triuunal, the supreme court of appeal of a State, decides any title whatever to the office whlch he held; and I regret to say it; I question growing out of the constitution and the laws of that State, blush with s}J.ame when I reflect upon that page of Ame1ican history . the Supreme Courtofthe United St.sttes is bound by it and will follow which shall contain these words, which I read from the message of it, because it has in numerous decisions said that it will be bound by the President of the United States sent into this body on the 13th of that rule. It is accepted, therefore, to be true as a general rule ; January, 1875; sent here for our edification, for our information; but like that other general rule in regard to the admission of Sena- sent here so that when we come to act upon this question of Louisiana tors in this body of which I have spoke, it has its exceptions also. affairs we may act intelligently, knowing the facts. While I blush When the Supreme Court of the United States sees fraud as·we see, that I have to make such an admission, r thank the President of the that Kellogg's title to be governor is a fraud, that the Pinchback United States for plainly and bluntly telling us the truth : legislature is a fraud, that the returning board known as the Lynch It has been bitterly and persistently alle~ed that Kellogg was not elected. board is a fraud-when we know and ascertain these things from the Whether he was or not is not altogether certam, nor is it any more certain that his records and archives of the Senate, we not only are not bound to competitor, McEnery, was chosen. The election was a gigantic fraud, and there are no relia.ble returns of its result. recognize a tribunal which does f.'ecognize such frauds, but our duty is to reject and to repudiate it with scorn and contempt; and so would And here we are asked to be bound by a recognition of the Kellogg lhe Supreme Court of the United States do. Speaking through Mr. ~overnment by the President, who, we must presume, has done it Justice Swayne, of Ohio, it has refused to be bound by a decision in m the interest of peace; he might have believed that it was neces- just such a ca e, and I refer to a decision in 1 Wallace, 206, which is sary for the preservation of the peace for him to take that step; but directly in point: now when we come to act upon the ca-se of the election of Pinchback We are not unmindful of the imJortance of uniformity in the decisions of this and the election of the Legislature which chose him to this body, we have the President qualifying his recowntion by telling us that the ~~~~a~~~!~ ofe Jf~~:;~:~~~c It ~llit;:• s~WJ ~r::'otr~o:~ !h:;tili'~~ 0 whole "election was a gigantic fraud. to follow the clecisions of the State conrts. · Sir1 shall we follow such recognition with these facts before our faceT There is the rule which my friend from Indiana lays down, and No, su. If the supreme court of Louisiana had decided that the Legis- which he will find this to be an authority to support: lature was a true and lawful Legislature, we are not bound by it; we But there have been heretofore, in the judicial history of this court, as doubtless are not bound by the recognition of the President of the United there will be hereafter, many exceptional cases. States if the whole statement made by him was, that it was a true and lawful election: but least of all are we bound when he tells Ah, Mr. President, let Senators read the decision of this tribunal us that the whole thing was" a gigantic fraud;" that there was no made in 1863 : reliable result of the election ever ascertained. We Rhall never immolate truth, justice, and the law because a State tribunal has But, Mr. President, we are not left to these statements. Every erected the altar and decreed the sacrifice. (Gelpeke vs. C1ty of Dubuque, 1 Wallace, Senator who has sought to inform himself on this subject (though 206.) those of us who have come here so recently have been compelled, I And they reversed t.he decision of the State court in that case. admit, to cram) from the report-this voluminous report of the Com~ Mr . .MORTON. Will the Senator state how the Supreme Court got mittee on Privileges and Elections made by Senator Carpenter-those jmisdiction of the ca.ae f What was the question f of us who have sought to do our duty here have found the findings Mr. WHYTE. I gave my friend from Indiana a reference to the oi that committee, at least I have, honest and just, and I shall ue authority; and when he comes to it, if he can untie the knot I shall bound by them because in my conscience I believe it is the nearest be very much pleased to hear him. truth that upon the evidence we can get. What do they show briefly T Mr. MORTON. I ask the Senator if there was not some question That report discloses this fact, that the actual returns of the election arising under the Constitution and laws of the United States that in Warmoth's hands which were not counted at first by the Wharton gave the court jurisdiction f board but were counted by the De Feriet board, the board appointed Mr. WHYTE. It did nOtsuch thing. It was a question in regard by Governor Warmoth after the repealing law had been signed by to railroad bonds, e~clusively belonging to the constitution and laws him in November, 1872-a. new board- and counted again by the For- of the State of Iowa. Thank God, this judicial tribunal had manli- man board afterward in the State senate, showed that McEnery had ness enough to tell us that when inferior tribunals or supreme State a. majority of 9,fi06 over Kellogg; tbat the senate, with those holding courts sought to bind us to fraud and injustice, we were not bound to over, stood-democrats 22, republicans 11, vacancies 2; the Hoose follow them into the mire of such a course. stood-democrats and conservatives 71, republicans 39, vacancies 7. But that is not all, Mr. President. The Senator from Indiana is This Legislature met -i n extra session on the 9th of December, 1872, not content to bind us with the shackles of this beautiful court in and were recognized by Governor Warmoth as the legal Legislature, the State of Louisiana, organized for the very purpose of the decision, and then the board appointed by the senate examined t he returns as in old times they used to say of courts-martial, "organized to and gave McEnery a majority of 11,288. convict." Not satisfied with binding us with the shackles of a State Any Senator can look at the report from pages 75 to 83 and he will court, one of whose judges had been one of the Lynch returning find there the returns given by the Committee on Privileges and board that perpetrated the frauds on the people of Louisiana, he Elections from the papers which were produced in their committee- tells us that he has got another collar ob our necks. room . But the committee believed that there were vast frauds and Mr. WEST. Will the Senator pardon met I did not catch his such intimidation as to render the election no fair expression of the expression exactly. Did I understand him to say that one of the popular will, and so reported it to be utterly null and void. The judges of the supreme court of Louisiana had been a member of the Senate knows that that committee tried to get a bill pa sed ordering Lynch returning board f a new election, which failed; but whatever may be thought of the .Mr. WHYTE. One of the judges of one of those Louisiana courts, provisions of that bill, that is not a question now before the Senate. Hawkins, I say was a member of the Lynch returning board. But the canvass of the Lynch board, the board which Pinchback rec- Mr. WEST. But he was a judge of an inferior court and never ognized, the board which counted in Kellogg and counted in the had this question before him. He was appointed subsequently. Legislature by whom Pinchback was elected-the canvas..'! of that Ml·. WHY'l'E. One ofthe decisions of an inferior court was read, as board has become a scandal and a reproa-ch everywhere. t· 52 CONGRESSIONAL. RECORD. MAROH 13, Now, in addition to what has been said by the Senate Committee on That is signed by Messrs. Smith, Hazelton, Hyde, Todd 1 and Thomas Privileges and Elections in regard to the count of the Lynch board, five of the members of the Committee on Elections of the House of allow me to read from the report made in the House of Representa- Representatives. l\Iy friend from "Wisconsin [Mr. HOWE] yester- tives in tho case of Sheridan vs. Pinchback. I maintain that all day interrupted the Senator from Dell'\ware [Mr. SaULSBURY] while these documents and papers are to be taken and properly taken into he was speaking in regard to this election, ;:illd I know t hat he will considemtion in deciding this case. :pardon ~e for r~ferring to the fact when it is only to give him some The same investigation which relates to this contest has also been informatJOn which he yesterday asked for. The Senator from Wis- had in the other House, and it is a remarkable circll1Il8tance in Ameri- consin asked whether the DeFeriet l10arcl had not thmwn out cer- can l)olitkal history. When the contest took place in the other tain parishes in their count. The Senator from Delaware was not at House between Sheridan and Pinchback, the Committee on Elections the moment quite prepared to answer the question. While he was was instructed to investigate that case. ·what was the anomalous speaking ,I examined the records and made up a tabulation to meet condition of things which there occurred f I do not profess to have tha.t inquir~, bu~ did not li.ke to ,disturb the. proceedings of the Senate obtained all the political information on the subject that can be se- by mtroducmg lt. The De Fenet board d1d refuse to count six par- mned; but I have never heard before of a case of like character :in ishes-Iberia, IbervUle, Saint James, Saint Martin, Saint Tammany, any legislative body. While a gentleman is knocking at the door- of and Terre Bonne. Look at the result declared by the Lynch board the Senate, with 4!s credentials from the State of Louisiana, claim- made up a.s we a.ll know that tabulation was made up from som~ ing a seat. in this boqy, he is standing ;t].so at the door of the Honse copies of rej;urns that they got from the United States supervisors, ·of Representatives, claiming a seat in that body for the same period from newspaper reports, from false affidavits ma-de to order as con- of time, one seat for two years and the other for six years, including fessed by one of the witnesses, from a general estimate accordin(J" to the same two years of the Forty-third Congress. His case was on population and the old party vote as to what the vote ought to h~ve trial after the beginning of the first session of that Congress. One been. Taking it with all those fallacies and absurdities, I give the of the members from :Massachusetts introduced a resolution into the Kello&"g government the Qenefit of tho e six parishes, and let us see Honse of Representatives proposing to admit Sypher and Pinchback, how tne vote stands. McEnery had 65,579 and Kellogg had 55,973, . and one other, to seats on the floor of the House of Representatives according to the DeFeriet board. The Forman board of the senate . as members of the Forty-third Congress; but that statesman from increased McEnery's majm;ity to 11,000, but for the sake of the argu- Massachusetts, who generally looks before he leaps, began to realize ment I take the lowest majority, 9,606; and I take Iberia Parish from that if the Honse of Representatives admitted Pincbback to a seat the Lynch board, as given on page 191 of :Mr. Carpenter's report, and there, his claim in the Senate was gone. So he gave him the privi- I give Kellogg a majority of 349; I give hiru in Jberville 1,548; I lege that we often see in the circus, of riding two horses. He had give him in Saint James 1,195; Igive him in Saint lartin 48 ; amlin his eye on a seat in the Senate and he had his eye on a seat in the good old Saint Tammany I give him 1; in Terre Bonne, 186-making : House. How could he help winning one¥ It seemed to be beyond 3,327, which deducted from the 9,606 still leaves .McEnery's majority.- human comprehension that he could fail in both. But the Represent- 6,279. ative from Massachusetts saw the difficulty, and with that astuteness Mr. HOWE. Will the Senator tell me where he gets those returns i · for which we all give him credit, be quietly took Mr. Pinchback out Mr. WHYTE. Yes, sir; from page 190 of Mr. Carpenter's report. of the resolution and sent his case to the Committee on Elections. Mr. HOWE. Butwheredid~fr.Carpenter'sreportgetthosereturns ' What did they do there f Kept Sheridan out in the cold until the :Mr. WHYTE. From the report of the Lynch board. last hours of the expiring Forty-third Congress. Then they came to Mr. HOWE. From the return of the Lynch board f the conclusion that Pinchback bad not a ghost of a claim. That is Afr. WHYTE. Yes, sir. · not all. Both the majol'ity of the House committee and the minority 1\Ir. HOWE. Now, either .Mr. Carpenter made a mistako or the Sen- of that committee reported against Pinchback; and yet he was a candi- ator from Maryland made a mistake, or the Lynch board made a mis- date for Congressman at large, running over the whole State with Kel- take in stating its own returns. logg, side by side with Kellogg, counted in by the Lynch board with l\Ir. WHYTE. It is more than likely I have made the mistake. Kellogg, while Sheridan was running on the McEnery ticket, side by Mr. HOWE. If the Senator from Maryland will give me the par- side with John McEnery. What did the majority of the House com- ishes-- mittee say about the Lynch board that counted Mr. Pinchback in Mr. WHYTE. I have not time; but I will give you the pages of the other House and Mr. Kellogg into the executive department of the book, which I have marked. . Louisianaf l!ir. HOWE. The six parishes. When this contest was first presented to the committee, the contestee, Pinch- Mr. WHYTE. If you will look at the return of the De Feriet board back, rested his case upon the canvass of the board known as "the Lynch board." you will see they are left blank. Upon examination the ·{)()mmittee were satisfied that the Lynch board m!Mie its Mr. HOWE. We are talking ~:~,bout the Lynch board, not the De ~~v!h1~t~~u~~~ft't:ed:~~di~i~~ts~~h:;~~fJif:~:~h~r ~!~i:lJ!~ Feriet board. Que of the parishes was Iberia} was it not Y by him. Mr. WHYTE. Yes, sir. And then when speaking of the count in favor of Sheridan by the Mr. HOWE. The Lynch board returned its vote at 965 for Kellogg DeFeriet board, see what the majority of the House committee say and 616 for McEnery. Another parish was Iberville, was it not f of that: • Mr. WHYTE. Yes, sir. Iberia Parish, which I find on page 190, is Assuming that the original "primary returns" made to the governor from all returned 965 for Kellogg au,~ 6.1.6. for M.cE.nery. That was the way I the parishes of the State but two- were received by him, opened by him in the pres- put it down. ·· · ence of the Wharton board, delivered by him.to the De Feriet board, and trans- 1fr. HOWE. Now Iberville was, ~her t mitt.ed t.o the Forman board just as they had been received, (and these facts the l\Ir. WHYTE. Yes, si;-. additional proof shows,) we are t{) look to. what these returns show. They show Mr. HOWE. Iberville was 2,239 for Kellagg. that contestant, Sheridan, received 65,016 votes- · Mr. WHYTE. And 691 for McEnery, and that gtves 1,548 majority, Which differs from McEnery's vote, that. being 65,529. McEnery according to my arithmetic. received only 500 more votes on that DeFeriet count than Sheridan- Mr. HOWE. What was the next 1 They show that contestant, Sheridan, received 65,016 votes, and contestee, Pinch- Mr. WHYTE. Eighteen hundred and fifty-two for Kellogg in b:wk, 54,402 votes- Saint James, and 657 for .McEnery. While tho De Feriet board gave Kellogg 55,973. Mr. HOWE. Yes, sir. What is next ? As to the correctnoos of this tabulation we have the sworn testimony of Mitchell, ltfr. WHYTE. Saint Martin, 718 for Kellogg, 670 for McEnery. Forman, and Thomas, a majority of the board ; and, in addition to this, the admis- Mr. HOWE. Yes. What is next¥ sion of the contestee (page 3 of additional testimony) that it is a compilation of the r eturns before the Forman board. Mr. WHYTE. Saint Tammany, 112 for ~ellogg and 111 for Mc- Enery. ' And the committee say it is conclusive and they declare that Sheri- ltfr. HOWE. Yes. What is nextl dan "was entitled to· the seat" and had been entitled to it from the l\ir. WHYTE. Terre Bonne, 1,593 for Kellogg and 1,407 for Mc- very beginning of the Forty-third Congress; and yet he only ob- Enery. tained it in the expiring hours of that session. Now wha.t d.oes the Mr. HOWE. In each of the parishes Kellogg had a large majority, minority, which r eported that Sheridan was not entitled to his seat, but in all the parishes McEnery had a large majority. lle ides, this say about the Lynch board : · is only t.he effect which would. be produced upon t he result by t he .Is Mr. Pinchba.ck shown entitled upon the merits to this seat~ counting of the six parishes not counted at all by t h e McEn ery Your committee think not. Mr. Pinchback's ori~inal certificate, it was conceded, board.. ·w hen you have clone that, before you undertak e to st at e and Governor Kellogg's supplemental certificate, It is to be assumed, were issued actual results in Louisiana you must correct the r etUI·ns from p ari hes. upon the pretended canyass by the returning board known as the " Lynch board." As:mming that the Lynch board was the legal returning board- from which forged returns are alleged to have IJeen presented, and in addition to that, if the SenatOl' will allow me, you must ascertain as. A .committee of the House assuming that the Lynch board was the well as you can what precincts from parishes giving partial r et nrns.. legal returning board! Giving t he board that benefit- were thrown out by the supervisor and in what p1·ecinct s the com- and waiving the consideration of the effect of Mr. Pinchba{)k's default in ma.kin..,. missioners of election stuffed the boxes. These corrections must IJ no response to Mr. Sheridan's notice of contest, your committee are of opinion that the fact that the Lynch board never had possession of the election retw·ns, and made before you can undertake to state definitely what was t he r e- therefore never canvassed them, has become a part of the political history of the turn according tT> the fact. country. They hold this fact to be so notorious that the House ought to take leg- Mr. WHYTE. The Senator from Wisconsin entirely misundor-. islative notice of it in this contest. and may take like notice of it for the purpose stood me if he supposed that I was arguing in favor of McEnery'~ of any appropriate le~islation. They report, therefore, that upon the case as pre- senteii to your committee, Mr. Pinchba.ck is not shown to be entitled to a seat in right to the seat of governor of Louisiana. I have not said a word. of this Honse. that character on this floor. I have accepted the report of the Sena- 1875. CONGRESSIONAL RECORD. 53 tor from Wisconsin, the late colleague of the present Senator, as the been presumption in me to have occupied its time, coming so recently basis of my discussion of this case. · within its walls; but I consider this question vital to the purity of 1\Ir. IIOWE. I understood the Senator to be arguing the proposi- election; I consider it vital to the peace and perpetuity of .the estab- tion that if the returns from the six rejected parishes were added to lished institutions of our country; I consider that it addre, ses i tself the vote, take those returD.I:! as the Lynch board stated them, McEnery's to our consciences and to our sense of right; .and therefore as long as majority would be larger instead of smaller. · I am a member of this body I feel that I shall be faithle s to my duty Mr. WHYTE. I made no such argument. if I do not stand up here to protest against any man's admission who :Mr. HOWE. Then I misunderstood the Senator. does not come "elected b;y the lawful Legislature of a State." Mr. WHYTE. Certainly the Senator from Wisconsin entirely mis- But, 1\Ir. President, I meant to say, when talking about recognition, understood me. The only reference I made to those returns was to what did this Senate do and what did the House of Repre entatives correct the Senator who yesterday stated what I am satisfied he do when you came to count the last electoral vote for Pr~ident of the believes to be true, that Kellogg was elected governor of Louisiana United States' Were not t.he electors chosen at the same election T by tbe votes polled at that elect1011. Were there not the same reasons applying T Were there not t\YO sets Mr. HOWE. Yes, sir; I believe that. of electors acting in Louisiana, some voting for Greeley and some for :M r. WHYTE. He stated that yesterday; and when the Senator Grant'!' Were there not two returns before the joint con~ention f from Delaware referred to the count he said "Yes, but in that count And what did you f You counted out the vote of Louisiana altogether. you have thrown out six parishes;" and all for which I have referred Now, Mr. President, all I ask, all that any fair and rea-sonable man t o the six parishes is to show that if we put into the DeFeriet count can ask, is that the Senate will approach this subject bound by no the count of the.Lyuch board a.s to those six parishes, the most favor- recognition whether of President or judicial authority, bound only as :able count that can be made for Kellogg, it does not better Kellogg's under the Constitution oi the United States we are bound by our ~ease but stillleavcs 1cEnery a large majority. sense of duty, by the principles of justice, by the rules, which should Mr. HOWE. Well, .l\Ir. President, I admit if you only make the govern us in d.llitinguishing between right and wrong. 'corrections which the returns from tho e six parishes require, still Mr. 1\IORTON. I desire to call the attention of the Senator from :McEnery will have a majority; but then I say you mu t make further Maryland [~fr. WHYTE] to the authority which he referred to as , deductions because of retn~ns made from other parishes which are showing that there are cases in which the Supreme Court of the :said to have been forged and not true returns, and then again from United States will not follow t.he decisions of the State courts upon •other returns made from other parishes you must make large dednc- questions arising under the· constitution and laws of the State. I . tiona because of stuffed ballot-boxes, the testimonv of which is here. asked him if there was not some question of Federal authority aris- I did not mention these other facts yesterday, because the Senator ing in that case upon which the Supreme Court of the United State& frol)l Delaware said very shrewdly and candidly that he preferred to could act. He said not. The Senator was mistaken. In the first · make his own speech, and I knew he could make his speech a great place, the court got juris!liction of the caae because the plaintiff wa-s · deal better than I could make it, and I yielded at once. a citizen of another State and the defendant was a citizen of Iowa. Mr. SAULSBURY. I hope the Senator from Wisconsin will pardon The Supreme Court in that case recognized the general doctrine me if I now, in view of the detailed statement made by the Senator fully and strongly, but they made it an exception simply upon this from Maryland aa to the true results of the election by the actual ground : There ha-d b~en a long current of de~isions recognizing the · count, ask him to withdraw the opinion which he expressed yester- power of the Legislature of Iowa to create municipal corporations day that Kellogg was elected. with authority to issue bonds; there had been, however, :recently a Mr. HOWE. No; I would rather repeat the statement, if it is all decision of the supreme court of that State denying that authority; the same to my friends on the other side of the Chamber. but the bond in controversy bad been issued by a corporation while Mr. WHYTE. 1\fr. Presiuent, of course the Senator from Wiscon- the supreme court of that State was affirming the authority of the sin has the advantage of me; he has been here for a long-continued corporations; and therefore the question came up broadly whether period and has listened to all the e debat-es. One of my friends in the second decision of the supreme court of Iowa if applied to a pre~ the rear says he is to bo pitied, and probably he is. [Laughter.] vious contract was not in the ·nature of a law impairing the obligaa Probably the Senate is more to be pitied now, for I am taking up so tion of contracts and prohibited by the Constitution of the United much of its time. States. There is where the question arose; and the Supreme Court. 1\fr. HOWE. I was about to make a request of myfriend. I know of the United States used the following language in the very opinion he has no animosity against me, and::{, think he ought not to charge to which the Senator referred : me with having listened to all the speeches that have been made on The sound and true rule is that if. the contract, when made1 was valid by the ia.wa this subject. LLaughtor.] of the State as then expounded by all departments of the Government and admin' Mr. WHYTE. I was going to ask my friend from Wisconsin a ques- istered in its courts of justice, its validity and obligation cannot be impaired by tion myself, whether or not when he was speaking of forgeries awhile :0~ ~f~eb~~ a{)tion of legislation or decision of its courts altering the construe- go he did not know and diu not hear during the flagellation of The same principle applies 'vhere there is a change of judicial j)eci.sion as to the · peech upon this subject that he has received during the last Con- constitutional power of the Legislature to enact the law. To this rule, thus en- :gress, whether it was not beaten into him, that those forged returns larged, we adhere. It is the law of this court. It rests upon the plainest princi- ples of ju~:~tice. To hold otherwise woulq be a unjust as to hold that rights :wquired .actually if thrown out made in favor of McEnery's government' under a statute may be lost by its repeal. The rule embra{)es this case. Mr. HOWE. Yes, I have hearcl that said on this floor. Exactly Bonds and coupons like these, by universal commercial usage and consent, have -what e:tfect would be produced by substituting true returns for forged all the qualities of commercial paper. If the plaintiffs recover in this case, they etnrns, I do not think has been accurately calculated even in this will be entitled to the amount specified, &o. (1 Wallace, 206.) · protracted debate heretofore, and I am sure my friend, if he is dis- It was put upon that ground and upon that ground only, that it ,creet, will not undertake to calculate it just now. was in effect to impair the obligation of the contract, which the Con- Mr. WHYTE. Now then, Mr. Prest dent, I do not see how my friend stitution of the United States expressly prohibited, and even in that from Wisconsin and I can differ. I do not see why we cannot vote case a minority of the court dissented, and Judge Miller held that together. I am content to believe that there was a va.st amotmt of even in that case the United States courts were bound to follow the wrong and forgery and intimidation, if you please, in that election decision of the State courts, and went on to state the doctrintl at in Louisiana. 1 do not admire the system of election tactics that great length in a very able opinion; so that this case does not at all prevails in some rcgious of country. I have myself in early life felt interfere with the statement that I made in regard to·what was the some of the ad verse ffocts of fraud and perjury and intimidation and uniform decision of the Supreme Court of the United States. rascality at the polls, and I know that there are bad men in all parties The PRESIDING OFFICER. The question is on the amendment who often assume tl10 machinery of elections and compromise the proposed by the Senator from Vermont [Mr. EDMUNDS] to the reso- honest. That which I did more than twenty years ago in the House lution of the Senat.or from Indiana, [1\Ir. MORTON.] of Representatives I stand here to-day to do, protest against fraud ~fr. CONKLING. If no Senator wishes to address the Senate, I move and rascality at elections and to exclude from this body and the that the Senate proceed to the consideration of executive business- o~her Honse every man who comes with credentials tainted with a motion which I will withdraw, of course, if any Senator wishes to v10leuce n.nu fraud. I care not to what party he belongs, he degrades take the floor. either and he shall never receive my support and my sustentation. The motion was agreed to ; and the Senate proceeded to the con- No, sir; I am on tho record iu regard to that, in those days when sideration of executive business. After five minutes spent in execu- blood ran through the streets of my own city and fraud was rampant tive session tho doors wero reopened, and (at three o'clock and forty- at every polling place. Send. them back whenever they colfle here four minutes p. m.) the Senate adjourned. with polluted certificates of election. Let us act together and unite on such common grounds as this, and I pledge myself to the Senator from Wiscon in whenever the facts disclo e that a fair expression of the popular will was not had, I will stand side by side with him and ~SENATE. close these doors upon a m:m of any party that comes to pollute the integrity of th~ budy. Now let the Senator stand upon that plat- MONDAY, March 15, 187 i-~ form of patriotism with me. 1\Ir. HOWE. The Senator will allow me to assure him that I will Prayer by the Chaplain, Rev. BYRON SUNDERLAND, D. D. stand there as lonc:r as 1 am able to stand anywhere. The Journal of the proceedings of Saturday last was read and ap- 1\fr. WHYTE. fhavo no doubt of it; and with all his intelligence, proved. when be uomes to decide that question his judgment will be ba.sed FISH AND FISHERIES. upon facts and not upon feelings. Mr. ANTHONY. The Committee on Printin~, to whom was re- But, sir, I know that I have wearied the Senate. It seems to have ferred a re olution to print six hundred additional copies of the 54 CONGRESSIONAL RECORD. MARCH 15, report of Professor Baird on fish and :fisheries, have .instructed me to merely a.sks the President what steps be proposes to take in case there report it back without amendment and recommend 1ts passa~Ye. is any infraction of an existing tr.eaty. - The resolution was considered by unanimous consent, and agreed Mr. BOGY. There is no legislation. to, as follows: Mr. INGALLS. There is no legislation anticipated or proposed by Resolved, That six hundred additional copies of the third report of Professor the resolution ; and if anything is to be done, it cannot be done too Spencer F. Baird, Commissioner of Fish and Fisheries, with the aooompanying speedily. documents, be printed for the use of the Senate. It is probably known to most Senators that the Sioux are the most MISSISSIPPI ALLUVIAL BASIN. ferocious, blood-thirsty, and implacable of all tbeln~ian tribes now Mr. ANTHONY. The Committee on Printing, to whom was re- in the northwestern portion of our country. They number about ferred a resolution to print five thousand copies of the report of the fifty thousand, of which number about forty thousand have been in commis. ion of engineers on the best plan for the redemption of the the receipt of rations at various Indian agencies for the p:>.st four alluvial ba.sin of the Mississippi River, have instructed me to report years, and ten thousand remain entirely intractable. In 1868, upon it with a.n amendment, and I a.sk its present consideration. 'the 29th day of April, a treaty was concluded between the various The resolution was considered by unanimous consent. bands of Sioux Indians and the United States, General Sherman, The aiDendment of the Committee on Printing was to strike out General Harney, General Augur, General Terry, and others acting "five" and insert'•two" before "thousand;" so as to read: for the Government, and one hundred and eighty-four chiefs and head-men acting on the part of the Sioux. The second article of that Resolved; That two thousand copies of the report of the commission of engineers treaty provides- appointed in compliance with the act of Congress app.roved June 22, _1874, t:O in- vestigate and report a permanent plan for the reclamation of the allnVIalbasm of That the followin~ district of country, to wit, nam11ly, commencing; on the east the Mississippi River subject to inundation be printed for the use of the Commit- bank of the Missonr1 River where the forty-sixth parallel of north latitude crosses tee on the Levees of the Mississippi River. the same, then along low-water mark down said east bank to a point opposite where the northern 1ine of the State of Nebraska strikes the river, thence west The amendment was agreed to. across said river and along the northern line of Nebraska to the one hundred and The resolution, as amended, was agreed to. fourth degree of longitude west from Greenwioh, thence north on said meridian to a point where the forty-sixth parallel of north latitude intercepts the same, thence DISTRIBUTION OF REVISED STATUTES. due east along said parallel to the place of beginning; and in addition thereto all Mr. ANTHONY. Mr. Presirlent, a resolution which I drew veryin- existing reservations on the east bank of said river shall be, and the same is, set aavertently wa,s passed last week, directing that the same number apart for the absolute and undisturbed use and occupation of the Indians herein named and for such other friendly tribes or individual Indians as from time to of copies of the Revised Statutes that were distributed to Senators dur- time they may be willing, with the consent of the United States, to admit among ing the last Congress be distributed to the new Senators. I did notre- them. flect that a.s the distribution of that document was ordered by act of The sixteenth article of said treaty further provides- Congress the usual reserve which is made in the folding-room for ex- tra copies was not made. Consequently there are no such copies for That the country north of theNorth Platte River and east of the summits of the Big Horn Mountains shall be held and considered to be unceded Indian territory, · distribution. The distribution ls regulated strictly by law and is and also stipulates and agrees that no white person or persons shall be permitted intrusted to the Secretary of State, who bas no authority whatever to settle upon or occupy any portion of the same. to distribute a copy except according to the provisions of the act. In consideration of these agreements, the Sioux Indians stipulated- But it is in the power of the Senate to print as many as will come within the cost of $500, which will give, I think, six or eight copies First. That they will withdraw all opposition to the construction of the railroads now being built on the :r,lains. to each of the new Senators, and at the next session the inequality Second. That they will permit the peaceful construction of any railroad not can be corrected. I therefore, by direction of the Committee on passing over their r eservation as herein defined. Printing, o:fl'er the following resolution : Thiru. That they will not attack any persons at home, or traveling, nor molest or disturb any wagon trains, coaches, mules, or cattle belonging to the people of the Resolved, That the Congressional Printer print and bind so many additional United States, or to persons friendly therewith. copies of the Revised Statutes as can be printed and bound at a cost of 500; and Fourth. They will never capture or carry off from the settlements white women that the same be distributed among the newly-elected Senators. or children. The resolution was considered by unanimous consent, and agreed Fifth. They will never kill or scalp white men, nor attempt to do them harm. Sixth. They withdraw all pretense of opposition to the con trnction of the rail- to. road now bein~ built along the Platte River and westward to the Pacific Ocean, and Mr. SHERMAN. I ask whether the previous resolution ought not they will not m future object to the constrnotion of railroads, wagon-roads, mail to be reconsirlered or rescinded T . stations, or other works of utility or necessity, which may be ordered or permitted Mr. ANTHONY. Certainly. I move that the resolution which was by the laws of the United St.'\tes. But should such roo.ds or other works be. con- structed on r,he lands of their reservation the Q.Qvernment will _pay the tribe what- passed the other day be rescinded. It is beyond the power of the ever amount of damage may be assessed by three disinterested commissioners to Senate to do ·what it ordered. be appointed by the President for that purpose, one of said commissioners to be a The VICE-PRESIDENT. The Senator from Rhode Island moves chief or head-manofthe tribe. that the resolution passed on the 12th instant in relation to this snb- Seventh. They agree to withdraw all opposition to the military posts or roads now established south of the North Platte River, or that may be established, not ject be rescinned. in violation of treaties heretofore made or hereafter to be made with any of the In- The motion was agreed to. dian tribes. El\llGRATIO~ TO THE BLACK HILLS. The enormous reservation set apart by this treaty lies in the south- Mr. INGALLS. I beg leave to offer the following resolution fo.r western portion of the Territory of Dakota. In the western part of present consideration : that territorial area is a region of cmmtry known as the "Black" Resolved, That the President be requested to commnnica.te to the Senate, if not ·Hills, from the dark forests of stunted pine by which they are cov- incompatible with public interests, any information in bls ·p ossession in r egard to ered; a semi-mountainous region, a lateral or outlying spur of the the proposed emigration to the lllack Hills country in the Sioux Inilian reserva- main Rocky Mountain range; an irregular circle whose greatest di-· tion; whether such emigration is with the consent of the Indian t.ribes l10lding ameter is roughly.estimated at one hundred miles and whose circum- said country under the treaty of Febrnat·y 24, 1869, and if not, what measures will be taken in relation to the same. ference is described by the north and south forks of the Big Cheyenne River which rise in Wyoming Territory, sweep in curves from the There being no objection, the Senate proceeded to consider the res- west, and swoll~n by affl.uents which descend from the eastern decliv- olution. · _ ities of the hills, unite about the center of there ervation and form Mr. ALLISON. I should like to hear the resolution read again. one of the main tributaries of the Missouri River. The resolution was read. It has for a long time been rumored that gold existed in large de- Mr. EATON. I beg to ask if that resolution does not come under posits in the "Black Hills," and it is apparent from indications now the objection which was made by my colleague the other day f received from many sources-newspaper statement , letters from spe- Mr. INGALLS. I think it does not, from the fact that it relates cial correspondents, and others-that we are on the eve of an organ- purely to an anticipated infra-ction of an existing treaty bet~een the ized emigration from the western portions of the country to what is Government and the Sioux Indians, which was ratified by the Senate known a-s the" Black Hills country," which is a part of the Sioux in 1869. It proposes no legislation, but is simply an inquiry ad- l.Q.dian reservation held under the most sacred guarantees by these dressed to the Pre~dent. Indians and which the United States are bound to maintain, protect, Mr. EATON. I thought the closin(J' terms of the resolution, if and defend by every obligation of honor. . they meant anything, meant that some body, either this body or some If this were merely a question between the gold-hunters and the other, would do something. I may have misunderstood the terms of Indians, I could view the result with entire composure ; but the diffi- the resolution. Let the Clerk report it again. culty li68 here: these Indians are already disturbed and exasperated The VICE-PRESIDENT. The resolution will be again read. by the military expedition of la <>t summer under General Custer. The Chlef Clerk again read the resolution. They are further irritated by the 1 ~ports now current in regard to the Mr. EATON. I do not like to interpo e a point of order, but it proposed invasion of their territory. They are implacable and in- strikes me that we are asking of the President of the United States tractable ; and the danger is that if this movement is permitted to through this resolution for certain information, and under certain go on they will consider themselves released from those treaty obli- contingencies we ask what shall be done. What is the meaning of gations, descetld upon the unprotected frontier settlements of Dakota, that, unless it is that something shall be done by the President of the Nebraska, and Kansas, and that we shall have another bloody sum- United States or by this or some other body Y It strikes me that it mer of Indian rapine and massacre. looks clearly to legislation, else the resolution is useless. Now, sir, the object of my resolution is not unfriendly to this pro- Mr. INGALLS. I trust there will be no objection to the adoption posed expedition. If there is gold, or timber, or valuable land in that of this resolution. It certainly is not amenable to the point of order country it will some time or other be occupied by the white race. So intimated by the Senator from Connecticut, from the fact that it far as I am concerned the sooner the better ; but I am very solicitous 1875. CONGRESSIONAL RECORD. 55 that immediate steps should be taken to advise tho people of the lli. SAULSBURY presented additional papers pertaining to the West, in the first place, that this country is held under treaty obliga- application of the heirs of the late William K. Sebastian, Unite1l tions, that it is occupied by the Sioux under guarantees that the States Senator from Arkansa-s, praying the annulment of the order of United States are bound to protect and defend; and in the second his expulsion from the Senate; which were referred to the Commit: place to notify the people who now threaten to invade this country tee on Privileges and Elections, and ordered to be printed. what perils they will incur and to what dangers they will expose the PAPERS WITHDRAWN. unoffending settlers of the border. I hope, therefore, sir, in order to enable the President to make an On motion of Mr. ALCORN, it wa-s authoritative declaration of the condition of this country and of Ordered, That F. Moore, of Horn Lake, Mississippi, have leave to withdraw his the course that he will be compelled to pursue if this proposed expe- petition and papers from the files of the Senate. dition ~oes on, that no objection will be offered to the passage of this SENATOR FROM LOUISIANA. resolution. I may add that while the number of those who propose to join these The Senate resumed the consideration of the following resolution expeditions is uncertain, some placing it as high as thirty thousand, submitted by Mr. MORTON on the 5th -instant: some as high as :fifty thousand, I have no doubt that by the middle of Resolved, That P. B. S. Pinchbook be admitted as a Senator from the State of Louisiana for the term of six years, beginning the 4th day of March, 1873. April, unless the President authoritatively interferes and perhaps in spite of his interference, there will be not less than fifteen thousand The pending question being on the amendment of Mr. EDMUNDS people in the Black Hills country within the Sioux Indian reserva- to insert before " admitted" the word " not." tion; and in this event, with the present temper that exists among Mr. FERRY, of Connecticut. Mr. President, I desire to say a very those Indians, I greatly fear that it will precipitate upon the westernfew words upon that branch of the argument of the Senator from In- settlements of Kansas, Nebraska, and Dakota all the horrors of border diana [Mr. MORTON] which had reference to the effect of the decision Indian warfare. of the President of the United States as to the legiti.ri:tacy of a State Mr. EATON. Mr. President, perhaps I am in error in regard to executive or Legislature when the President is called upon to sup- this resolution being liable to the objection which I suggested. press domestic violence in a State. I listened to that argument a While I am not the especial defender of .the President of the United year ago with much interest; but at the same time I thought then that it was rather a final resort of a debater in pursuance of authority States on this floor, I beg to ask his especial friends if they have any doubt that he will do his full duty in regard to the carrying out of for his case than a serious claim undertheConstitution which that Sen- treaties T I have no doubt myself, although I do not belong to the ator would insist upon with the pertinacity with which he ha adhered party to which I allude, that the President of the United States to it from that day to this. And it seems that his views upon that par- will do his entire duty in this matter and take such steps as may ticular branch of the case have not only not altered with the progress be necessary. At all events I beg to ask what good the pa&rganized in Sioux City, in Yankton, and at various other places provided by the act of 1795, the Senate, under the Constitution, alone upon the Missouri River. Stage lines are about to be established. had the right to inquire and determine whether the person signing Everything indicates that we are on the eve of another one of those the return was the true executive authority of the State and the subtle contagions commonly called a "gold fever," an epidemic that power to determine whether the assemblage choosing the claimant will result perhaps in disaster and ruin to thousands of people like was the true Legislature of the State. The Senate certainly pos- that of Pike's Peak in 1859 and others that are within the memory sessed that power under the Constitution, and without any limitation of Senators. whatever, during the first six years of the existence of this Govern- As the Senator from Connecticut intimates that this action cer- ment, for from 1789 to 1795 the act under which alone the President tainly can do no harm and that he does not propose to resist it, and acquires any authority whatever was not in existence; and we ar~ as in my judgment it is a matter of exceeding importance to protect therefore presented, upon the claim of the Senator from Indiana, the frontier settlers of Dakota. .Kobra-ska, and Kansas from the dan- with the strange assertion that a mere act of Congress may devolve gers now threatening of Indian massacre, I hope ·the Senate will upon the President of the United States powers which shall limit . adopt the resolution promptly. and control conclusively a power deri vod by the Senate from the The resolution was agreed to. Constitution itself! CASE OF W. K. SEBASTIAN. Well, sir, I have onJy to say that if such is the effect of the act of 1795, if that act has conferred upon the President the power in any Mr. FERRY, of Michigan, presented a letter of C. C. Washburn . case to determine conclusively upon t he legitimacy of the executive covering a statement of facts connected with the petition of the heirs or legislative authority of ~L St:1te making a call upon him to sup- of the Iate William K. Sebastian, praying for the annulment of the press dome tic violence, so as to control the Senate in making inquiry resolutwn of the Senat.e for his expulsion from the Senate in 1!;61; after the lawfulness of that authority when it is judging of the elec- which was refened to the Committee on Privileges and Elections, tion and return of its members, then that act so far is void, for it is a and ordered to be printed. clear infraction of the Constitution itself. 56 CONGRESSIONAL RECORD. MARCH 15, But, sir, I cannot give to the act of 1795 any such force as the Sen- violence-to use the common expression, to keep the peace. He de- ator claims for it, and I think that he has fallen into an error in not termines for that purpose between the rival claimant , and according considerin&' the mischief which existed before the act of 1795 was to his determination exercises the powers conferred upon him by the passed ana for which it provided a remedy, and the true scope and act of 1795, puts a stop to domestic violence on both sides and aJl purpose of that act. sides, keeps the peace until the civil and political question involved As I have said, the Senate derives its power to judge of the legiti- between the rival claimants is settled by legitimate authority. And macy of the authority choosing a Senator or signing his credentials the question is now before us whether, pending that final decision, directly from the Constitution. The President derives no authority while the President is wielding the power which he posses eR only directly from the Constitution t.o suppress domestic violence. The under the act of 1795 to keep the peace, holdin~ the partie. ba~k from Constitution does not confer upon the President the power to sup- flying at one another's throats-for that is all he is doing; that i press domestic violence. The Constitution provides that the Unitecl what the act of 1795 t-ells him to do; that is what the Constitution States shall have certain powers : says the United States shall do, and the United States by au act of Tho United States shall guarantee to every Sta,te in this Union a republic.'lJl form Congre s has made the executive branch the machinery through of government, and shall protect.oach of them against invasion; and on application which its physical force shall operate to keep the peace until the of tho Legislature, or of the executive (when the Legislature cannot be convened,) civil or political controversy between the rival claimants is settled; against domestic violence. . f11ld in the mean time the assertion, the strange a ertion, is set. up The Constitution confersthatpowerupon "the United States;" and here by the Senator that the Senat~ or the House, either of them, is as the suppression of domestic violence necessarily involves the exer- bound by this mere incidental determination of the President in the cise of the·physical force of the United States, it became necessary exercise of his function of keeping the peace so conclusively that the for Congress, in order that the clause which I have read should have power which both Hou8es confessedly possessed before the act of 1795 any effect whatever, to provide the machinery bywhich the physical was passed, by virtue of the Constitution itself, is wre ted from the force of tho Unitod States could be applied in the snppres ion of two Houses despite the Constitution f Sir. this cannot be so. domestic violence; and therefore Congress passed the act of 1795, . And, finally, ~hat is the le~itimate corollaryflo~gfr~n;t the p~ i- providing that the President, the executive branch of the Govern- tion of the Senator from·IndJana'f Let me state his po81tion agam; ment, that which wields the physical force of the United States, I have read it carefully and understand it. When the President is should be possessed of the powers enumerated in that act in the sup- called upon to suppress domestic violence under the act of 1795, his pression of domestic violence. compliance with the call involves the determination of the lawfulness The purpose for which the act was pUBSed and for which the power of the authority making the call, whether it be the State executive was conferred upon the President wa-s simply to suppress domestic or the Legislature, and the Senate in judging of the election and re- violence. The evil which existed before the law was passed was turns of a person claiming to have been chosen a Senator from that t hat there was no adequate machinery, no channel through which State is necessarily bound by such determination of the President • the physical force of the United States could pour itself to suppress till Congress shall have m:tde a different decision; so that the Senate domestic violence. The remedy was to confer upon the President, may not inquire whether the person signing the election return b the executive branch of the Government, the authority in the mode the governor of the State or whether the as emblage which cho e provided by t.h e statute to suppress such violence; and that is the the claimant to the Senate was the Legislature of tbe State, if such whole scope and purpose of the authority conferred upon the Presi- person or a-ssemblage be the same that the President has determined dent. Incidentally, where there ru-e rival claimants either to the to be the lawful executive or legislative authority. That is the prop- executive or legislative authority of the State, and one or both of the osition. rival claimants makes its call on the President to suppress domestic Now, in addition to what I have said, if this propo ition be true violence, there incidentally th~ President must determine which·(for the following corollary inevitably flows from it: that under such the purpose for which ho is to e~erciso his powers under this act) is circumstances, even though the Senate may know that the per on the lawful authority. He is to determine it for the purpose of signing the return wa-s not the ~overnor and the assemblage choosing through that channel sending forth the Federal force to suppress the the claimant was not the LegLslature, neverthele it mu t accept violence which is threatened or which has .actually burst forth; and both a,s the lawful legislative and executive authority of the State in it is only for the purpose of accomplishing the object of that act, the judging of the election and returns of claimants, solely because the suppression of domestic violence, that the President makes this his President has decided that fact! And that is the very case before u I determination, and that his determination is binding against all I know that it is proposed before this debate is finished to go into domestic violence from any source in the contingency which ha-s an argument upon the fa-cts to prove that the report of the committee arisen. It commands physical obedience everywhere; it cannot be of two years ago is false in point of fact; that in point of fact Kel- contradicted or denied within the scope of the power conferred upon logg was elected and the Legislature that chose Pinchba~k was the President by the act ·and for the purposes for which the act was electedi· and that the report of the committee is false in both those passed. And so it continues binding to compel physical obedience particu ars. But, sir, it is too late to et up that cL-tim now; it is too from all quarters until it shall have been set aside by other compe- late upon ingenious plausibilities which have been manufactured tent authority. It is not needful for me to say here what I suppose during the last two years to set aside a report based upon six or seven that other competent authority to be. I do not agree with the Sen- hundred pages of testimony open to every one of us, and which te - ator from Indiana upon. that point; but it is not necessary for the timony, if carefully read, will report against the Kellogg executive purposes of m.r present argument. and legislative authority still more decidedly than the committee of Mr. MORTON. Will not the Senator state what the competent au- 1873 found; and there is no safe course for us, Senators, now, there thority is to reverse that decision t can be no safe course for us, except to take the facts a to the legiti- Mr. FERRY, of Connecticut. I prefer not to state it, because it is macy of the government set up there a~;~ the Kellogg government upon not involved in my present ar~ent. I do not think that under the the basis of the report of the committee made after weeks, per- guarantee clause of the Constitution which I have just read, confer- haps months, of investigation, and against the personal and political ring upon the United States power to suppress domestic violence, it wishes at the time of the very gentlemen who made the report. is the Congress of the United States in its legislative capacity which The case which I have supposed in this corollary is then the case is to determine the legitimacy of rival claimants for executive or leg- before us. From the great volume of evidence, from the careful report islative authority in a State. I understand the Senator from Indiana of the committee, we as a Senate know that when that a emblaO'e to take that position, that it is the Congress as a Congress that is to in January, 1873, proceeded to choose a Senator and cho e Mr. Pinch- determine between rival claimants to executive or legislative author- ba~k, it was not the Legislature of Louisin.na; and when William P. ity in a State as to the legitimacy of the authority which they are Kellogg in January, 1873, signed his name to that certificate of wielding. I differ from him in that respect, and I might go on to state election, we know that he was not the lawful governor of Louisiana. the opinion which I have on that subject, but it is not necessary for And yet Senators who have listened to this argument and who have the purpose of my present discussion. Ultimately I do think, from listened to the Senator from Indiana from beO"inning to end, have other portions of the Constitution, the question might be necessarily not heard from him one single claim with regard to that fact oppo ing remitted to the Congress of the United States where absolute anar- the report of the committee except "we have the formn.l, technical chy is found to have intervened in a State owing to the conflict of decision of the President of the United States; we are bound by it; rival claimants to authority and the necessity of the intervention of the argument is unanswered and unanswerable;'' and though we do Federal power is created by the necessity of self-preservation. But, know that in admitting Mr. Pinchback as a Senator we are admitting as I said, what is the finally competent authority is a matter which, the pe1-soni.fication of infamous forgery and falsehood, yet we must in my judgment, is outside of the question now before the Senate. I do it! The power which the Constitution gave us we shall not exer- want to confine myself to the simple question as to how the argument cise because a law made under the Constitution ha-s given the Presi- of the Sena,tor from Indiana stands upon the inquiry whether the dent of the United States power to subvert our authority! Senate, in judging of the election and returns of its members, is to be Sir, it seems to me that such claims as the e only indicate the des- bound by a determination of the President of the United States made peration of the case, and I am not surprised, when such claims of law incidentally in the exercise of his authority under an act of Congress as these have been fairly sifted by the Senate, at the last moment the to suppress domestic violence, for that purpose only, and in my judg- ground should be changed, and instead o.f asserting the binding ment binding only to compel physical obedience from all quarters authority in law of certam official acts, we are to have a new version until the absolute n.nd final decision of the controversy between the of the Louisiana case, and, from undiscovered testimony hitherto, to rival claimants to State authority. be assured that after all, after the six hundred pages of testimony As I have said, the President is empowered with the functions set tending all in one direction to show that your Kellogg executive and forth in the act of 1795 for the sole purpose of oppressing domestic legislative authority was a mere sham, we are at last to be told that 1875. CONGRESSIONAL RECORD. 57 the truth is that Kellogg was elected, the Legislature counted in with is not bound to recounize the governor of Connecticut. You cannot him was the Legislature, and therefore without regard to these ques- force the Senate to do anything. But I s~y that the doctrine of the tions of law, upon the fact alone, Mr. Pinchback is to be entitled to Constitution is! and consistency requires, that when the Pre.sident a seat. It was needful to make a change of base, because upon the has made a demsion in pursuance of the law, and the courts of the proposition as erted by the Senator from Indiana we are bound to United States are bound to follow that decision, as· the Supremo find t hat a falsehood is the truth; we are bound to find and assert Court say they are, and the courts of the State are bound to follow that the truth is a lie; and we are to do it upon the technical claim it, that decision cannot be reversed except by Congress, both Houses of the binding force of an executive determination made solely for acting together in the form of legislation ; for to allow one House to arriving at the proper channel in which to exercise the physical do it is to make anarchy. Take the case in Rhode Island. Snppose, force of the United States to suppress domestic violence. if you plea.se, when the President made his decision in that case, and Mr. MORTON. Mr. President, I will occupy but a moment to call the courts of the United States followed that decision, and the courts the attention of the Senate to the position taken by the -Senator from of the State followed that decision, yet that the Senate of the United Connecticut. First, the Senator's language in .regard to what is States had resolved to recognize the Dorr government and to admit a shown by the report of two years ago, in my opinion, is not sustained. Senator elected by that government, what would have been the. con- The Senate knows no such thing as he says it does, and he does not dition of the relations between Rhode Island and the United States know it himself. On the contrary I think a careful analysis of that Does not anybody see that they would have been abnormal, absurd report, and of the evidence presented, disproves his statement. The relations, that could not have been sustained, and clearly unconstitu- Senator overlooks the fact stated by the report itself, that if McEnery tional¥ When Congre.ss as a Congre s determine that the President was elected, it was the success of a monstrous fraud, a fraud intended has made a wrong decision, then the President is bound to follow to overcome an acknowledged republican maiority in that State; that determination. "The United States" then; in ihe language of and what the Senator insists upon is the success of the fraud. the Constitution, will have decided otherwise. But bear in mind- But I do not intend to argue the fact. I simply want to call atten- and that is a point the Senator fails to answer-that the President tion to the position of law taken by the Senator. If I understood makes his decision in pursuance of law, and all the courts are bound him correctly, he started out with the same statement th;1t the Su- to follow it, say the Supreme Court, until it has been reversed; and preme Court did in the ca.se of Luther vs. Borden, that the power of who can reverse itt The Senator even does not admit the power of the President to suppress domestic insurrection does not spring from Congress to reverse it; and yet he a serts the power of one body the Constitution but springs from the act of Congre.ss. There I agree alone to reverse it and to put a Senator into this Chamber in conflict with him, and that admission is fatal to his argument in my judg- with the decision of the Pre.sident and of the courts of the countrv. ment. The Supreme Court say in that case that the whole authority Mr. FERRY, of Connecticut. I know the Senator doe.s not intend of the President is derived from the act of Congress and that the act to misrepresent me-- of Congress empowers him to decide which of the two governments is Mr. MORTON. I do not. If that is not your position, I misunder- the lawful government, for without making that decision he cannot stood you. determine which one he will support by the Army of the United Mr. FERRY, of Connecticut. I have stated expressly twice over States and which one he will put down. He is first required to make that my position is that Congress doe.s not derive any power from that decision, and after he has made that decision he will support the authority of the United States to suppress domestic violence; to the one and suppress the other. decide between contesting claimants for State authority. I have not Now, what is the effect of that decision made by virtue of an act said, either when I first spoke or in reply to the Senator's question of Congress¥ If there is anything wrong, it is in the act of Con- a few moments ago, that Congress does not possess the power at gress. The effect of it is to bind the courts of the United States. all, for in my judgment when the conflict between rival claiiuants in The Supreme Court say expressly that while the conte.st is raging the a State results in the overthrow of civil government in the State with courts of the United States will recognize that government which is an incapacity of the re.sumption by the State of the faculty of civil recognized by the Pre.sident, and they say furthermore that after the government, Congress, on the principle of self-preservation, is bound contest is over they will still recognize that government recognized to interfere and decide. · IJy the Pre.sident. Mr. MORTON. I understand the Senator now. He says that Con- Yet if this right does not reside in the courts- gress is bound to interfere. In other words, does the Senator mean to That is when the conte.st is raging- say that Congress does possess the power to 1·everse the President's when the conflict is ra~g. if the judicial power is a.t that time bound to follow decision and say that the other government is the lawful government the decision of the politica.[, it must be equally bound when the contest is over. It of the State t If he means to say that, I agree with him and we come cannot, w.hen peace is restored, punish as offenses and crimes the acts which it be- right _together. But he says that doubtingly, hesitatingly. I think fore recognized and was bound to recognize as lawful. he ouuht not. I agree fully as to the power of Congres , but not Now what is t.he consequence of that f That the courts of the as to the power of oue House alone. While the President's decision United States after the contest is over are still bound to recognize stands unreversed by Congress it must be accepted by each Honse that government in the State which the President ha recognized. acting separately. Any other conclusion, it seems to me, is anarchy; Now I come to the point where the Senator I think utterly failed. any other conclusion is clearly unconstitutional. He said that the Congress of the United States had not the power to Mr. WEST. Mr. President, I would have preferred not to address reverse the decision of the President. If Congress as a Congress has the Senate to-day. I am not exa:etly prepared. I was in hope.s some not the power, where does that power reside¥ Senator either on this side of the Chamber or on the other wottl.d Mr. FERRY, of Connecticut. Will the Senator excuse. me f I did have risen and claimed the attention of the Senate; but finding no- not intend to be diverted from the direct scope of what I was saying body else apparently inclined to do it, I wiU occupy their tin1e for to express any opinion as to the ultimate authority which should de- a brief period, premising that my remarks and perhaps my argument, cide between rival claimants in a State government. I now repeat from the bet that I did not expect to speak now, may be somewhat simply what I said, as the Senator does not state me exactly cor- desultory and disconnected. But I am actuated to reply to a remark rect-- just made by the Senator from Connecticut [Mr: FERRY] who. claims Mr. MORTON. I want to get the Senator exactly right. that the republican government in Louisiana which was elected in Mr. FERRY, of Connecticut. What I said was that I do not think 1872 had no ba.sis but infamous falsehood and forgery. That is the Congress derives any power to decide between the rival claimants charge which we have had continuously to meet on the part of our for State authority from the clause in the Constitution authorizing opponents, and I think it is time that some one should be prepared the United States to suppress domestic violence. That is what I said. to rebuke that charge and to charge home upon our opponents that Mr. MORTON. Now I take the Senator upon that point. He says the falsehood and the forgery lie with them, and that the attempt to Congress ha.s not the power. Then there is no power. If the Presi- subvert the verdict of the people at the ballot-boxes in the State of dent has the power to make the decision and determine which one of Louisiana in 1872 was a fraud initiated and continued by our oppo- the e governments he will sustain, ancl the Supreme Court say that nents and not by the republican party. the courts of the United States are bound to follow and to continue . Followin~ the example of the Senators who have hitherto partici- to recognize that decision, and if Congress has no power to reverse it, pated in this debate, I offer the customary apology to those who e ears I ask if one House alone can reverse it It comes down to the 1'educ- aud attention are already weary of the subj ect, and essay to address . tio ad absw·dtmt. . If Cong-ress as a body, the two Houses acting to- myself to the later comers among ns. I would ask the Senators of my gether through legislation, have no power to reverse that decision, own political faith to give attention while I show the frauds designed can one Honse alone do itt If it can, then one Honse may decide one and perpetrated in 1872 upon the republicans of Louisiana whereby way and the other Hon e may decide the other way, and the courts tl\at State has been remitted to a condition of revolu-&ion, bloodshed, of the United States may still decide a third way, following the de- industrial depre.ssion, and political oppression for the past two years; cision of the President of the United States. No; there is but one where by an ingenuity r.lmost marvelous the better has been made to logical conclusion about it, and it has not been answered. The Sen- appear the worse cause in the popular estimation, and the republican ator from Ohio the other day said-I will not say childishly, but he party throughout 4;he nation has been held up as responsible for a repeated it everal times-"The Senator from Indiana has made that political crime of great gravity, while the very perpetrators of that argrunent half a dozen times." It ha never been answered, if I have; crime unblushingly parade themselves as innocent and denounce and the point is that if Congre s cannot reverse that decision, there their victims as guilty. is no power to do it. But I say Congress can. I say the Constitution I am not unmindful that there is a prevailing disgust with this so- gives that power to Congress and to nobody else-not to one House called Louisiana case. It finds a parallel in two contemporaneons alone. case.s, one recently notorious in England and another in this country do not say that the Senate is bound to do anything. The Senate now vexing the searcher after truth. But our decision approaches, CONGRESSIONAL RECORD. MARCH 15, 58 arid I earnestly appeal to those of my political faith in this Chamber scrutiny, the census is continually quoted as proving conclusively that whose votes shall make that decision to remember the trials, the per- the division of races is such in that State ·and the political affinities of secutions, and the sufferings of those who uphold the banner of that those races are such that it is impossible that there should be a repub- faith in the South. I ask them to look into all the circumstances. I lican majority in that State. :Merely :recurring to the results of the ask them to believe as I do and as I think I can demo:ostrate if they election of 1870 in which the republican party carried that State by will listen to me, that the republicans of Louisiana. in 1872 were and some twenty-odd thousand majority, I will come down to the inau- that they are to-day in a majority,_ that they rig!Itfully electec~ the~ guration and the initiation of the campaign that has been so long dis- governor in that year, that the claunant whose nght to a seat rn this cussed here. Taking the figures of the census of 1870-and here is body we are now about to determine wa.~ in every res_pect leo-ally where I want to refute one of the fallacies that are continually thrust elected, that he has been indorsed again and reindorsed by the Leg- upon us- we find that the white and black races in Louisiana are islature, that he is, outside of all partisan considerations, fully enti- divided, count.!ng men, women, and children, within about two tled to be admitted; and if we shall so decide, I promise them and I thousand difference. There are some two thousand more black in- promise the Senate that the much vexed and dangerous Louisiana habitants of the State of Louisiana than there are white. Taking troubles will be set at rest forever; that political strife will thence- that same census and ex.a mining the number of male adults, you dis- forward be confined in that State within the. control customary to cover that there are just about one hundred more white male adults other sections ; and that peace shall reign and bless where anarchy than there are black; and there is where the examiners of this census has brooded and blighted. To other honorable Senators of the oppo- who take the other side of the position from the one that I assume site political faith I would plead for their attention that they may hear choose to stop in their investigation. In a recent report that we hav.e the reverse of the story ordinarily presented to them, and I would from the House on this subject the gentlemen making the report, ask them to pause ere they lend themselves to the perpetration of a contrary to tlie opinions tha.t I hold, use that very census. Now let wrong initiated by a few unprincipled men who adopted democracy us see how they use it. as a convenient cloak for spoils-seeking and who deliberately planned The census of 1870 (the correctness of which i.s not impeached)- a scheme of wholesale fraud upon the elective franchise in Louisiana and have deceived and deluded the men of that party faith there, who, ! hold them to their own authority and their own testimony- incapable of wrong themselves, are outraged in their delusive convic- showed 87,076 whites and 86,913 colored males over twenty-one years of a~eo All tion that they have been defrauded of the government of their choice. the statistics and evidence before us indicated no change in this proportion m favor My proposition, Mr. President, will be to claim nothing by the so- of the colored vO'iers. called forged and falsified returns. Taking the returns as made by the In a previous report these very gentlemen said that they made no republican board of Louisiana, I claim nothing under them ; and I as examination into the political condition of the State generally; but emphatically deny the claim of the opposition to anything resulting they expressed their surprise here that there should have been an in- from their returns. The truth of thefactsisthis: We had one board in crease of four thousand colored men and they say it i~:~ unaccountable. that State pronounced by the highest judicial authority of that State The facts are that since some of the States in our immediate vicinity as incompetent to deal with the returns, and that board had the re- ·have relapsed under the control of a party inimical , as they consider turns. We had another board pronounced by that same authority it, to the black men, they have largely emigrated from those States as competent to take cognizance of the returns, and that board had and immigrated to mine. It is then, in my judgment, easy to account no returns. Consequently we have no case presenting an election for the fact that there should be an increase of the blaek vote over here, so far as returns are concerned. I shall endeavor to show that the census. Then they say that the white registration is ten thou- the claimant in this case, not for a seat but the claimant, McEnery, sand less than the census. As I took occasion to say to the Senate that the democratic party carried that State has no authentic claim, once before, had they examined from pages 619 and G29 of the census and as a logical consequence, if he was not elected it follows that report of 1870 they would have discovered that in the State of Lou- the republican candidat e was. You can have but one determination isiana there are fifteen thousand unnaturalized foreigners not en- to an election. When two men are voted for, it must be concluded titled to vote; they would have discovered that in the single parish that one or the other of those two men was chosen, and in denying of Orleans alone out of those fifteen thousand there are nine thousantl that the democrat was elected I think I shall prove that the repub- congregated; and yet the democrats claim that they shall be legiti- lican was. 0 mate voters to offset the colored men who are legal citizens. Let me ask your attention, because this is the new feature in the So, taking the census, taking their very authority, takin~ their case and I believe I am the only Senator who presents it in that own documentary evidence, we have an admitted majority m that light, that I go behind the returns, as we are forced in this case to State of fifteen thousand republican voters. I know that it will be go behind the certificate ~f the claimant. I go behind the returns urged " D oes it follow that because a man is black he votes the re- and I a k you from a] L the evidence in this report, I ask you from publican ticket¥" Once more I want to quote their own authority 0 the conclusions of the report itself, whether the legitimate result is on the subject. In the testimony taken before this Committee on not that the republican party lawfully elected their candidate on Privileges and Elections there was a contestant for a seat in this that day body for the short term and subsequently for a seat for the long We have ha-d the proposition stated ;o us again and again that the term; his name wa-s McMillen, a gentleman for whom I entertain the certificate of Governor Kellogg does not constitute an election of highest respect; and when he was examined on oath before the com- Senator by a lawful body. We are forced into this attitude by those mittee he testified, as Senators will hav"e the opportunity of realiz- who oppOSE\ the admission of this man. We are forced to analyze ing if they will examine his testimony, that there were as many what constitutes an election. It is denied that there is anything on black men as white men who voted opposite tickets during that cam- the face of the papers; and if they are determined to go behind our paign; that the number was about equalized; in other words, he said papers, I insist upon going behirtd theirs. Assuming for the sake of t hat from the best of his information there were five thousand white the argument that this is true, are we not then permitted to inquire men who voted the republican ticket and he thinks there were five whether a certificate made by a returning board that a certain man thousand colorecl men who voteu the democratic ticket. So then was elected governor of Louisiana in 1872 does or not constitute an the vote is left standing as it was on the color line, with our ascer- election by a lawful body of electors Y If we can look into the quali- tained majority in that State of 15,000. fications or the acts of the Legislature that elected a Senator, are we I know how customru:y it is to say that colored men are not allieu not permitted to look into the acts of the electors who elected the to the republican party. We have had evidence on that subject here governorf If we can inquire whether Pinchback was not elected too and we have refuted that idea, and the assertion is now seldom not withstanding his certificate, can w~ not inquire whether Kellogg made. There was one other witness and the only witness who gave was elected although he has no certificate, according to the ground any testimony on that subject, and he was a gentleman more noted and position taken by our opponentsf They take the ground that a for the volubility of his utterances than for the soundness of his judg- • certificate does not constitute an election. I adopt their argument ment, and he thought there were eight thousand black men who ancl say the votes of the legal Legislature caused an election of voted the democratic ticket. Scuator and the votes of the people elected the governor. If the Now let me go back to the facts again, which show a presumption votes of the people show that Kellogg was elected g overnor, the as to how these votes were cast and show also a corroborative pre- same votes will show that the Legislature that chose Mr. Pinchback sumption. The whole election machinery of that State was in tho Cenator were also elected. I have never based the claim of either hands of our political opponents, and in mn.nipulating the registra- the one or the other upon returns or certificates. Kellogg's certifi- tion of the State to all the ultimate advantage that they could expect cate can only give Pinchback a prima facie case, leaving us the to derive from such practices, t.hat very democratic board of r egis- authority to investigate whether the Legislature was legally chosen tration was compelled to return a oolored majority of 11,000 in that sends him here as the representative of that State. In dealing the State. I will not follow the deta!.s of that election. On one with this case I maintain that we are permitted to examine into what side it is all fraud, and on the other side it is all guess-work. It is con titutes an Qlection for governor as well as what constitutes an not necessary tu go into those facts; but let ns quote now the r eport election for Senator. If the proof demonstrates the fact that Kel - .that bas been made upon which so much reliance is placed to show logg was elected, it will necessarily show that the Legislature wa-s that we did not carry the State. also elected, and I think the proof is conclusive on both points. The Senator from .Michigan [Mr. CHRISTIANCY]-to whom I list- It is neccss::t.ry in the line of what I am stating for me now to examine enecl the other day with profound respect and great r egard in refer- into the polia.cal complexion-and the word is particularly appropri- ence to Lis law points although I must be constrained to take some ate in the connection in which I use it-the political complexion of exception to them simply because they leave us without remedy; to the voters of Louisiana. With a maladroitness that will n ot stand use one of his own illustrations, they are "entirely circular, they entl ' ' ' ·-. l 1875. CONGRESSIONAL RECORD. 59 where they begin anl begin where they end"-wa.rns us .of danger, presidential election in 1868. It had accomplished its purpose. It and he points out to us no path of safety; but in quoting the facts was deprecated by republicans and by democrats, and there was a he took occasion to say : • universal demand for its repeal or for its modific.ation. ~e governor Now according to my reading of the evidence, and according to the report made of that State at that time had on three successive occa.swns, accord- to this 'senate in 1873, and those recently made to the Honse, the m~ority of the ing to my recollection, appealed to the Legislature. to r~lax the strin- people of Louisiana are oppo~ed to th~ Kellogg government. gency of those laws, and he had deprecated therr e~Is~nce. The According to the report made to the Senate in 18731 Legislature, yielding to th~ justice of ~he dem!l'nd,_ y1el~g to t~e Mr. CHRISTIANCY. The Senator will allow me to say that that equities of the demand, dmmg a preceding sesswn J.nst ·pnor to t~1s wa.s in reference to this point which I made: election had modified and repealed that law and modified many ?fIts It has been gravely urged here that, Louisiana being entitled t{) two Senators obnoxious features. Was that repealing act approved f Was 1t al- upon thi.~ floor, it is a. wrong ro the people of that State ro refuse them the enjoy- lowed to go into operation so as to give e~ther o~e party or ~he oth~r ment of that right. the same opportunity for an eq nal and fair electiOn ' No, Sir; but 1t The question of a majority of the people one way or the other, so was quietly kept for an opportunity for its use, a~ opportunity for its far a.s it relates to my argument, was confined to the majority as it use which is well known to t'hls Senate, and certainly must be known now exists, not as it existed in 1872, unless the Senator should claim to the new members here. According to the testimony in the report that 1\fr. Pinch back, if now elected, would be entitled to go back and there was a law that had been denounced from one end of that State vote upon every measure which has been passed or presented here to the other as obnoxious, oppressive, and infamous, and denounced since the time of his election up to this time. The question was the by the democratic party, according to thei.J; admission. Then what hardship of depriving a State of two Senators -upon this floor. I sup- was their proceeding f They made ter.ms wtth tJ;te gov~rnor who had pose the Senator will hardly claim that that hardship can be removed the manipulation of that law, and this very thing w~ch the.y had now so far as the past is concerned, but only as to the future. Now, denounced, which they stated themselves was an · alliance :m-th an I confess that the reference in that connection to the report of the infamy that was worse than infamy itself, they hugged to therr bosom Senate committee to which I alluded was entirely irrelevant and and th~y undertook to practice the frauds thn,t it :jillnitted. On the inadvertent, and I should have confined it entirely to the majority ratification of what is called the fusion ticket there was a mass meet- and minority report as recently made to the Honse of Representatives ing held and speakers from that stand announced that that law .W!lS by its committee. But so far as the argument I was then making to be used in favor .of the party that had for years denounced ~t . use of was concerned, I might safely concede t.o the gentleman that Ah they said, this is a glorious law; give .it to us now and we will there were ten or fifteen thousand majority of the people of Louisiana, ca~y the State for the democracy; thus prostituting all their pro~es­ not as shown by their votes but of the population, who were in favor sions of repugnance in order that success might follow such prostttu- of the Kellogg government; it does · not touch this question now, tion. What did one of the speakers say T ina.smnch as these reports recently made show that now a majority Now I propose to tell the people of this city, and through the press represented is opposed to the Kellogg government and consequently to Mr. Pinch- here the people of the State, the simplet plain reason that I do not si~ these la~s. back's admission here. In the first pl.1>ce they make no materia.J. modification of the old election and regJs- Mr. WEST. Well, Mr. President, I did not intend to arraign the tration laws. In the second plaoo, it was intended, when the repeal of these laws forced through the Legislature, that instead of them Gene~ Grant should use Senator. I merely referred to him as having illustrated a position was his election l.'\w upon the people of this State; and then, bestdes that, the great which I wanted to controvert. He states now that he made it inad- mass of the people- · vertently and unintentionally and that it does not apply to the argu- To whom was he speaking a.t the moment T To the democracy as ment, and I will not say anything further in regard to his position, represented at a mMs meeting in the city of New Orleans- but I will merely go on and mainta.in my own. the great mass of the people who have so long demanded the modification or re- The Senator asks me whether the admission of Mr. Pinchback will peal of these laws have changed their minds. repair the damage that has been done to my State for the la.st two Ah, it makes a very great difference whose ox is gored. These years by the failure of the expression of his vote on various occasions. were laws to be denounced when operated in the interest of the Unfortunately not. Even on a recent occasion here had Mr. Pinch- republican party, but 0! what sweet and wholesome things they back's vote been available for the State of Louisiana the inundation were when they could be diverted to the fraudulent purposes of the of the land and the destitution of that' people might have been democratic party! And I have just this one apology to J?ake to my avoided. Here last year out of the coffers and by the charity of this friends in using that term: It was not the democratJC party of Government we fed the starving hundreds of thousands of people in Louisiana that originated or perpetrated these frauds; it was n, few Louisiana. Here once more the benign protection of the Government politicn,l adventurers there claiming the cloak of democracy to en- was appealed to on behalf of Louisiana to save her starving people hance and anvance their own views. Through them n,nd by them from inundation and it failed because Mr. Pinchback was not here as the democratic masses of the State of Louisiana have been made to a Senator from Louisiana to cast a vote. His one vote would have believe, and do this day believe, that they have been outraged. carried the measure; and it is upon these legal technicalities that Here were the instructions sent out by the authorities having control the people of Louisiana are condemned to suffer, because they are not of these election laws as to how proceedings were to be managed allowed to be heard. under them: Now let me refer to this much landed report. This report proves STATE OF LOUISIANA, just exactly what I sn,id in the outset, that so far as the bn,llots cast OFFICE OF STATE REGISTER OF VOTERS, on that day were concerned the voice of the people was expressed in Neto Orleans, October 24, 1872. favor of the republican candidate. What does the report say f 8m: In addition ro the instructions contained in Circular No.8, from this office, The colored population of that State outnUIIlbers the white, and in the last elec- you are instructed- tion the colored voters were aJmost unanimous in their support of the republican First. In counting the ballots aft-er election, count first the votes cast for presi- ticket. dentinJ. electors and members of Congress, k eeping separate tally-lists on the Form No.1, provided for that purpose, and making up and completiniT the statement of Corroborated by the testimony that I have quoted, corroborated by votes for each poll upon Form No.1. Then close the oox, reseaY it, and proceed in the testimony of a man familiar with the politics of that State, famil- a similar manner until all the national votes have been counted. Then proceed iar with all the proceedings of that canvass even down to their abso- with the counting of the State and parish votes, be.•ning in mind the fact that the United States supervisors of election :md depu~ IIlMShhls have no right whatever lute iniquity, he tells yon that in the main the colored men of that to scrutinize, inspect, or be present at the counting of the State and parish votes. State cast their votes for the republican ticket, and h~ tells yon, and this report tells yon, thn,t they n,re largely in the majority in that State. Here are the facts and here are the pra-ctices pursued in that case. So outraged did this committee feel in their examination, in their re- The supervisors appointed by the United States judge were allowed sen,rches, of the frauds perpetrated there in the name and on behalf to remain as witnesses of the count of nationn,l votes, and the moment of democracy, that they bmnd the whole proceeding a.s an infamous it becn,me necessary to practice hocus-pocus on the boxes in order to fmnd, and they say the attempt to foist McEnery on the people of get in democrats they told tho o gentlemen they had no legal right Louisiana was contrary to the wishes, and contrary to the expressed there. They excluded them from witnessing the count and they wishes of the majority of that people. Senators are here upholding went on and oonsummated their fraud. The republicans were not that fraud, unwittingly I admit, according to their conscientious con- a.llowed to have a man there. I assert it as a fact that there was not victions of duty-they are here upholding a fraud to-day that was so a republican officer of election throughout that whole State on that pronounced by a committee of this body over two years ago. day except these supervisors of election, and they were excluded im- All the frauds are on the part of the republicans, says the Senator medin,tely after the national vote was counted. Here is the answer from Connecticut ; the whole claim of Kellogg and the republicans n,gain from the registrar of voters of the State to a republican, the is ba.sed on infamous outrage and fraud. Sir, I base the right of the president of the State republican committee : ' republicans upon the expressed will of the sovereigns of that State, STATE OF LoUISIANA, OFFICE OF STATE REGISTRATION OF VOTERS, who undon bted1y cast their votes for that man. There is something New Orleans, November 2, 1872. else in an election besides the returns. Something else constitutes SIR: In reply to your communication of date, I mnst respectfully decline com- an election. The primary cause of an election is the intention, and pliance with your re.quest to appoint one commissioner of election at each polling it is the expressed intention of the voter as to who shall be his choice place from the republican party at the general election to be holtl N o..-em ber 4, 1872. that mainly constitutes an election. In regard ro your second request, I have the honor to inform you that the list of · polling places in this parish will be published in the official journal and other papers Now, Mr. President, let me say one thing in regard to the election to-morrow. 3d instant. laws of my State, in regard to the election law that preYailed and Very respectfully, controlled the election of 1872. It was a law passed by the republi- B. P. BLANCHARD, can party, 1 will admit-passed to protect republicans from the scenes State ~istrar of Voters and Supervisor of Registration Parish of Orleans. of violence and intimidation that were practiced in that State in the Ron. fj;,.~cSt~~n'Republican Oonunittee. 60 CONGRESSIONAL RECORD. MARon 15, In the fust place, there shall be no repnbli.c an to witness the wrongs ber. He was taken up by his party friends and voted for ae Sena- that we intend to perpetrate in this counting of the vote. In the tor. in· January following. Is the fact that be was selected as the next place, we do not pretend to let you know where the polling standard-bearer of his party on one occasion throughout the St.ate places are to be, either here or throughout the State, until the morn- to be pleaded in detriment of his right to a seat here 'I On the con- ing of the election; and the testimony goes to show that they were trary, it shows the estimation in which he was held. He is spoken scattered and located and placed in such positions that the poor, ig- of as a,n adventurer who is willing to let· his foot rest on any soH norant colored men had to travel twenty-odd miles in some instances that will give him pap and emolument. He is denounced for appear- to find where they had the opportunity to vote, while every demo- ing in that House and be is condenrned for presenting himself h ere. crat in the State knew exactly where to find his hole. But our voters Is h e not, from what I have said, fully and entirely justified for this were not to be deterred in that way; against all difficulties they double two-horse act of his Y It is not his selection. He is here i.Jt asserted their rights and were not foiled by such practices. obedience to the wish of the majority of the people of Louisiana, Now let us look at some of the marvelous mathematical results of and certainly no reflection should be cast upon him, because in that _ these proceedings. In 1870, in sixteen parishes in my State, sixteen case it would apply equally to any one of us who assumes the duty exclusively democratic parishes, the majority for the democratic to which he aspires. ticket wa-s 7,300. Those are what are known as democratic strong- Mr. SAULSBURY. Will the Senator allow me to ask him a ques- h olds. Those same sixteen parishes in 1872, the election upon which hlon' · this case turns1 gave 7,100 majority for the democrats. In · parishes 1\Ir. WEST. With pleasure. . exclusively democratic, the democratic vote fell off. The republicans Mr. SAULSBURY. I wish to inquire of the Senator if Judge Dib- gained ground in the democratic strongholds, but how did they figure ble, of Louisiana, was not one of the counsel who advocated the out results in the republican strongholds Y Now I want to take my claim of the claimant to a seat in this body before the Committee listeners to another part of the country, I want to take them to the on Privileges and Elections, and whether that judge bas not recently thirty-six republican parishes of the State, and show the legerdemain published a letter in which he declares that the existing government that was practiced in order to give the democratic candidate a ma- of Louisiana was obtained bv revolution 'I jority. The remaining thirty-six parishes of tho State, our republican Mr. WEST. There is some truth in what the Senator states. The parishes, were all carried .by the republicans in 1870 by a majority of judge appeared on one side, but, like a good many other politicians, 32,616, aad the democratic board in 1872 gave an actual aggregate he is ready to jump on the other horse if he thinks he is going to win majority of 1,500 for their ticket. In other words, at an election the r ace. I do not attach the slightest consequence to that any more which showed large republican gains all over the United States, which than I do to the sudden somersaults that some people have made in showed in a certain portion of our State republican ~ains over the other political contests. democrats in their own strongholds, an astonishing gaill of 34,000 in l\fr. MORTON. The democracy took him at once. the opposite direction, with no assignable cause for the change, was .Mr. WEST. The democracy, as my friend suggests, were willing claimed in the exclusively republican parishes of Louisiana by a to adopt him immediately. board which admitted a republican gain in the exclusively democratic We are referred also to the report made by the House committee, parishes. Where they did not need an opportunity to practice this and told that that report says the Kellogg government exists in defi- legerQ.emain, this infamous practice upon the returns of an election, ance of the wishes of the people of the State of Louisiana. Who they lost ground; and where they did, they entirely turned the tables are the people of the State Y Ar~ they the white-leaguers, the tur- upon us. Can anybody believe that such was the actual result Y It bulent red-handed revolutionists, who override all law, unless t hat is incredible. We can go into their own strongholds and legitimately law is administered in their behalf and in their interest 'I No, sir, defel}t them; they can come into ours and cheat us out of the expres- they are the law-abiding, the laboring people, who unforttmately sion of the will of our people. have few to plead their cause or speak in their behalf. What uo · R eference has been made in this discussion to the forged returns of this committee say again on further investigation Y Their "best four parishes. It is admitted that they were forged. The opposite ,judgment" is that Governor Kellogg was elected. "We find that counsel did not deny it. The true returns would have given 4,000 many of the more moderate of his opponents concede his election." majority for the republican ticket. We lost .4,000 there. Six parishes Yes, not only his moderate opponents but the very men who put np were rejected by the fusion board, and it is a remarkable coincidence this trick in 1872-these so-called democrats. They laughin~ly have- that they were all republican parishes. Those six parishes polled by told me over and over again how near they came to winmng ancl the registration 4,500 majority for the republican ticket. There are · what a glorious thing it was. They laugh over it. They have thrown 8,500 votes of democratic figures whistled down the' wind. a State into turmoil, anarchy, revolution, and bloodshed for two But it is not upon the figuresofthereturnsthatirely; it is not to the years, and they laugh over the adroitness of their practices ancl how figures of the returns that I ad vert; but I am calling the attention of nearly they came to succeeding. the Senate and a.-sking them to go back to what they believe was the l\Ir. CHRISTIANCY. I suppose my friend refers here to the report desire and the wish of the people, and I a-sk them if we are not in of the minority of the House committee' this situation, that for two years we have been defrauded of our 1\fr. WEST. I refer to the report of the minority, and I shall refer legitimate political rights to the majority report, if the Senator will wait. The Senator from Mary land [l\fr. WHYTE] plea.ded the admission of Sixth. While. we believe Governor Kellogg to have received a majority of votes the democratic candidate for Congress at large to the floor of the in 1872- House and to the privileges of membership jnst prior to the adjourn- ment of that body, and cited it as evidence that in the judgment of That is what the minority says; and that minority consists of- that committee and in the judgment of that Honse he had received a . GEORGE F. HO.AR, majority of the votes, and that consequently if the Congressman at W. A. WHEELER, WM. P. FRYE. large on the democratic ticket was elected the republican governor was defeated. Did he know the circumstances of that contest' Did They believe it. They have investigated the matter. The majority be know that the republican contestant was a claimant for a seat on of the committee say in their report that they never did investigate this floor, and that his appearance in that body somewhat jeopard- that election; and what are their words' I am going to quote them ized and imperiled his right to a seat here Y Did he know that the in a few minutes. They said in their original report that they never very committee which reported the fa.ct says that Pinchback failed investigated the election of 1872, and here in their supplemental to take any testimony within the time given in the resolution Y Did report they express their opinion. he not know that neither by himself nor by his counsel did he put in l\Ir. CHRISTIANCY. Were they authorized to investigate it'¥ an appearance on the occasion Y Do n9t the committee in their report l\Ir. WEST. If they were not authorized they were not competent. acumt that' They say: to express an opinion about it. What did they do'¥ And here again I The present contest does not eHher necessarily or actually involve the so-called come back to the majority report. . Louisia.n.a. question or settle the matter at issue pro or con of the legality of t.he l\Ir. DAWES. Does the Senator mean to state that they did in present State government of Louisiana, as· will appear from the several oonsidera.. point of fact investigate that question ' tions suggestea by the facts and testimony before the committee. l\Ir. WEST. I presume that that committee looked into the matter First. The contestant was a. liberal republican candidate, and received in addi- at large, aud I know that t~ey did take some testimony in regard to tion to the full strength of the vote of what was known as the " fusion party" a large republican vote. it. . That testimony unfortunately is not available, but it will be dem- onstrated by the testimony when it oomes out that democrats ad- • There wa8 no liberal republican candidate for governor. This man mitted throug;hout the Sta~e that Kel}o~g was elected, and I aJ?l t olcl was a liberal republican candidate and he did get some republican that that testimony shows 1t. I apphect to the GovernmentPrrntin" votes, and this very committee that reported to seat him reported Offioe, having been apprised of the names of the witnesses who te ti~ that he got a large vote from the republican side, and that their de- fi.ed in that case, but I could not get it; it wa not av:tilable at the mo- termination in no way affects the main result as between Kellogg and ment. The maj?rity of the c?mmittee maiutained that Kellogg w as McEnery. n:ot elected ou his own color line,· and they never had the conrau·o to Let me here say a word in justice to the claimant for this seat. He go out to the utmost verge of that color line and see whether t-h<7rc i .:~ has been held up here as a target for two years to be laughed at, re- a majority of white or co~or:ed. voteTI'! in that State. Thi::; uu1jorit..Y ceiving all the shafts of scandal, calm:imy, rivalry, and j ealousy. come back and say that It 1s ImposSible that the r epublicans co ul d ills personal character is not impugned, but there is something in !Iave carried that S~ate, ue<_Ja~e ~he '':bite element were their Aqua! his official character that should be known. He was selected as the ill numbers .and thmr superwr ill mtel}Igence; once more falling b ack republican candidate for Congress at large for that State in October, upon the IIDStake and the error of whlCh the Senator from Wiscou. in 1872. He was voted for as a Congressman at large in Novem- not now in this Chamber wa-s convicted, of saying that there are Uti 1875. CONGRESSIONAL RECORD. 61 many white voters in that State aa colored. That is the ground again Mr. WHYTE. I did not say that the Senate had acted 11pon te ti- that they offer to us upon which the majority base their idea that mony wheu it exchY:led that vote. I stated the fact _that, owing tl~ Mr. Kellogg was defeated. the condition of affairs in Louisiana, both Houses, actmg separately,, 1tfr. MOH.TON. Will the Senator allow me to read an extractfrom had each determined that the electoral vote of Louisiana shoulu no the report in reply to the question asked by the Senator from Mas- be counted at all. sa.chusetts, [.Mr. DAWES,}if I do not interrnpt him Mr. WEST. And that if we now received it we should Le stultify- Mr. WEST. Certainly. in()' ourselves. Perhaps I do not use exactly the wordt> of the Sen- Mr. MORTON. I read from the report of Me srs. Hoar, 'Wheeler, at~r, but I think that was ills idea. and Frye: 0 u the 1Oth of February, 1873, the Committee on Privileges ~nd Elec- We were unable to make any direct and thorough investigation of the election tions of this body made an entirely separate report from what 1s known of 187:1. It is apparent from the facts stated in the report of the Senate committee as theCarpenterreport. Tlleymadeit on tlle electoral vote of the State (Senate r'eport third ses ion Forty-second Congre s, ro. 457) that the action of the of Louisiana, investi~ation into the validity of which h::d been con- olticin 1.4 was so t.aintecl with fraud and illegality that the action of neither of the p :·etendel retuening boards or the certificates of the local el ction officers can be fided to them. The lJarpenter report was not made until the 23d of r ".Jlie. l o...t in tbo leust as a basis for making up an opinion as to the true result. In- February. On the lOth of February, 1873, they camo to this con- deed this is conceded by several of the most intelligent of the conservative wit- clusion: nesses. It would be impossible at this distance of trme, and probably at any time, to go behind the r eturns and ascertain the true expression of the people's will. We find that the official returns of the election of electol'B from the various But oal' best j utlgment is that Governor Kellogg wus elected. W e find that many parishes of Louisiana have never been coll.llted by any body having authority to of the more moderate of hi opponents concede Iiis election. There is no argument COlllltthem. to show the election of McEnery which is not met by one equally strong in proof of tbe election of Kellogg. The Senate resolved: That, all the objections havin~ been considered, no electoral vote purporting to I call trhe attention of the Senator to what follows: be that of the State of Louisiana oe counted. The registration- Certainly -the Senator will not contend that that is res adjudicata. And mark you, the registration was exclusively in the hands of the Certainly he will not contend that the Senate did not reserve to appointees of Governor Warmoth, who had joined the democratic itself the competency upon any future occasion, on a subsequent party, and every one of the election officers throughout the State was measme, to examine into the returns and · the facts. \Vhat would either a democrat or a republican who ha.d deserted and gone over to have been the action of the Senate and House of Repre entatives on the democratic party- the 12th day of February, 1873, under the solemn sanction of the The registration shows a consillerable majority of colored voters, and it is not Constitution to declare what the votes of the people of the Uniteu denied that Kellotrg r ecei\ed substantially all the colored votes, beside some thou- States were for President had there been such an issue as that pre- sand whites. Taking the democratic r<5turns in 1872 for all the parishes except four, for which t.he returns are conceded to be forgeries, and six othel'B from which sented f Had the issue between President Grant and 1tfr. Greeley the.y threw out the returns for fraud and violence, and get at the true vote in those turned on the electoral vote of Louisiana, would you ha.ve said there par1shes in any way you can, by comparin,. the vote with the registration of white was no return 'f Would you have shut the door and said, " Here are and colored voter , or by takin~ the repu'i'>lican and democratic votes at the elec- 179 votes on one side and 179 votes on the other; anarchy prevails, tion of this year, and it gives K ellogg a majority of several thousand. and there is no government in the United State ," as you assume to say 1tfr. DAWES. My inquiry of the Senator from Louisiana was now that there is no governmentin the State of Louisiana No, sir; wholly for information. I was aware that the testimony taken by you would have held possession of this Government by all the power the committee waa not accessible, but I had a conference with some of the bayonets of tp.e United States until you had examined into members of the committee; and I knew or supposed what their opin- the right and wrong of this case and set the right right and con- ion was. I agree with the Senator from Louisiana that it was the demned the wrong. Would you have remitted your Government to opinion, I think of a majority of the committee, that Governor Kel- _a narchy, confusion, distraction, and violence, such aB we have had in logg was elected. I do not think that they made any investigation Louisiana, simply because you had no return before you Y No, ~ir; of t.he facts as to that election; I did not suppose they had, and you would have examined the presumptions of the case to begin therefore I made the inquiry of the Senator. But their opinion as with; you would have gone into the facts; and you never would to the election of the rest of the ticket is quite another question. have been satisfied until you knew how every man in that State, :Mr. MORTON. I will state to the Senator from Ma sachusetts black and white, had voted. What you would have done for this that I understood from one member of the committee that in the country at large, what you would have done for this confederacy of course of the cross-examina.tion of some democratic witnesses before States, I claim now that you shall· do the same jnstt.ce to us. We the committee in regard to certain parishes in 1872 the result of that have been defrauded out of our rights. We show you the villainous cross-examination in regard to those two parishes waa to show such and infa.mous conspiracy to defraud the republican voters of my a change as would elect Kellogg, but that there was no direct exam- State, and you tell us we have got no rights. We have a right to ination made for that purpose. It came out incidentally in the cross- look to our republican friends in this body for sympathy and justifi- examination of democratic witnesses. cation and support when a.ll the presumptions of the ca-se go to show Mr. DAWES. I cannot speak with any confidence as to how far the that the republican party was in the ascendancy on that occaaion . investigation went. I think it will be found when the evidence is We have a right to appeal to you in om· distress. We have been out- published that they took no testimony at all in reference to the elec- raged there. Republicans have bee~+ killed by the hundreds in that tion of 1872; but that it was the opinion of a majority of that com- Stat.e for maintaining that their cause was successful in 1872, and mittee, based upon such information as they could obtain in the mat- you put us off with the cold proposition that the only result and con- ter, that Mr. Kellogg w~s elected governor: but they came to an clusion we can come to is that one board was legal and had no returns opposite conclusion as to the rest of the ticket. and another board was illegal and had forged returns. . lli. WEST. Whatever apprehensions I mi~ht have had at the ·what will be the result to us if your verdict is against us to-day ¥ commencement of making some points, I certamly must express my It will leave us but a continuation of this interminable, inconsequen- acknowledgment for the assistance given me by my friend frolll tial Louisiana case. Refuse to admit this man, and the word goes Massachusetts and my friend from Indiana. The Senator from Massa- out once more to the country that the Kellogg government is a fraud, chusetts has had a more favorable opportunity than myself of know- and agitation in that region is renewed, crime and violence run riot ing what information was elicited by this committee, a m~mber of there, White Leagues muster, and your President is .called upon once which waa one of his colleagues in the other body. All that I know more by the strong hand to preserve the peace. Can he do it f Is he in regard to it is the fact, communicated to me by persons who were competent to do it w heu his judgment is reversed by this deliberative cognizant and heard of and heard that testimony, that this commit- assembly f What have we got to expect there 'I Not satisfied with tee solicited an expression of opinion from among intelli~ent men of keeping us in that condition for two long years, not satisfied with both parties in that State aa to how the election resulted m 1872, and holding us under the ban of prejudice and oppression, are you to that while republicans were in no hesitation or manner of doubt as refuse now, when you know the facts and the circumstances of this to the result, there were some fair-minded democrats who repudiated case, to a-djudicate and to give us peace T the cheat that was practiced upon them1 and who admitted to this Where is the democrat in this Chamber with the fao0ts before him committee that in their opinion the State had gone republican. If who can convince you, republicans, that that State went democratic an expression of opinion is to be cited adversely to us, we certainly in 1872 t He will convince you of nothing except the existence of a must be allowed to use those same expressions of opinion when they "gigantic fmud" and an attempt to cheat the people out of their redound to our benefit. votes. I ask you again, can there be any other choice but one of I have not had the opportunity of looking at the remarks of the two ¥ When only two men are running for the same office you must Senator from 1\Iaryland, [.Mr. WHYTE,] who spoke on Saturday, but either admit one or the other. You .can either ao0knowledge that I would call the attention of the Senate to one of his presumptions of Kellogg is elected or you must have our State go into the hands of fact that is scarcely substantiated by the record. He says that as the democrats. That is the platform on which I wish to stand. That the Senate had upon the testimony refused the electoral vote of is the logical result of the vote of this Senate. It will be either an Louisiana in 1873, we are now stultifying ourselves by admitting the admission on the part of the Senate that the republicans are entitled representative of that State, or that we would stultify ourselves; to the government of that State or it will be the verdict of the Senate that the decision to-day in favor of Pinchback would controvert and that the democrats are, because that will be the practical result. annul the decision of the Senate on a previous occasion as to the Mr. President, I said at the outset that I had not expected to sa~r .e lectoral vote. anything on this subject to-day. I have gone over much of the ground 1\Ir. WHYTE. Will the Senator allow me to correct him Y that has been trod over and over again1 and were I a Senator from Mr. WEST. Certainly. any other State except the State of Lomsiana I would not have vexed 62 CONGRESSIONAL RECORD. MARCH 16 the ear8 of the Senate to-day. It has been incumbent upon me, how- mence where my judgment suggested the propriety of commencing. ever, to say something, and I have felt it incumbent upon me to repel It has ignored the question of the Kellogg government and has come in t he strongest terms of which I am capable the char~e that there- directly to the question of the admission of Pinchback. publicans are the only fraudulent manipulators of electwn machinery I have affirmed here that in my judgment Pinchback was about in that State; and I charge home to the democrats that they conspired to be dealt with unjustly by this presentation of the question ; that and franclulently deceived the people, and have deceived the demo- the issue is not properly formed; that it is not properly joined; that cra ts of Louisiana as well as tho democrats throughout the country. the issue is demmTable in law, and in chancery it is demurrable Mr. MORTON. If there be no other Senator desiring to speak for multifariousness. We are now here to-day tryin~, in the argu- now, I move that the Senate proceed to the consideration of execu- ments of the case, the Kellogg government upon an 18sue pre ented tive business. as to the ·admission of Pinchback. I stated to the Senate that I The motion was agreed to ; and the Senate proceeded to the con- could not vote for the admission of Pinchback when the real is ue sideration of executive business. After twenty minutes spent in of" the case was upon the recognition of the Kellogg government; executive session the doors were reopened, and (at two o'clock and but since I made that statement to the Senate, since I assumed that forty minutes p. m.) the Senate adjourned. position, some action has been taken with regard to this question. The House of Representatives, the popular branch of Congress, has 1·ecognized the Kellogg government. My friend on my right [Mr. BOGY] suggests that they also recognized the McEnery government indirectly, for the reason that they admitted at the same time mem- IN SENATE. bers of Congress who had been candidates upon the McEnery ticket for the State at large. Well, sir, I will not undertake to reconcile TUESDAY, March 16, 1875. this action of the House of Representatives. I presume, however, Prayer by Bishop GILBERT IIA.VEN, of the Methodist Episcopal looking to subsequent events, that it was somewhat in the interest Church. of compromise; that, the Kellogg men having held their seats in 'l'he Journal of yesterday's proceedings was read and approved. Congress for two long years less three days, now in the interest of compromise the House turns them out and puts in the Represent a- _ AGRICULTURAL REPORT FOR 1874. tives of the McEnery government; and I a.m told too that the sitting The VICE-PRESIDENT laid before the Senate the report of the members, the usurping members, as they may now be called, voted Commissioner of .!griculture for the year 1874; which was referred to turn themselves out and put in the McEnery Representative . to t he Committee on A~-riculture, and ordered to be printed. This was very polite. This showed that they were up to the spirit Mr. ANTHONY subrmtted t he following resolution: of compromise that is now sUITounding all this Kellogg question. Resolved, That twelve hundred and fifty additional copies of the repoit of the So the House of Representatives went away in good humor. They Commissioner of Agriculture for 1874 be printed for the use of the Senate. had recognized the Kellogg government as the legal government Mr. SHERMAN. How can that be done T and they had admitted the McEnery Representatives to legislate Mr. ANTHONY. We can print the cost of $500. We did that last for the benefit of their constituents during the period of forty-eight year. hours just before the close of the session and just in time to get Jl.fr. SHERMAN. It will not co&t more than $500 then 7 their pay. Mr. ANTHONY. That is the estimate. But there was more than that done. The recent election in Louisi- The resolution was considered by unanimous consent, and agreed to. ana occUITed four months and a half ago. The returning-board sat counting the returns for full three months of time. For three months PAPERS WITHDRAWN. they sat manipulating the returns and cou:n.tin~ to see who was On motion of 1\fr. MITCHELL, it was elected. The time for the assembling of the LegisL'l.ture came, but Ordered, That Mrs. D. J. Browne have leave to withdraw her petition and papers still the count went on. I will not undertake to recite the various from the files of the Senate. · charges and mutations of charge that charaderize this government SENATOR FROM LOUISIANA. in its recent presentation to the country. Committees have been The Senate resumed the consideration of the following resolution, sent by Congress to New Orleans; and finally a commission has been or~anized by the consent of the K~llogg government and the ag- submitted by Mr. MORTO ,. on the 5th instant : grieved party, and has taken up the returns and carried them to the Resolved, That P. B. S. Pinchback be admitted as a Senator from the State of city of New York, where to-day they are being counted. They are Louisiana. for the term of six yeru.'S, beginning the 4th day of March, 1873. bein~ counted by a commission unknown to the laws of Louisiana; The pending question being on the amendment of Mr. EDMUNDS and It is agreed between the party aggrieved and the party in power to insert the word "not" before "admitted." that the Kellogg government shall be recognized and that this com- Mr. ALCORN. Mr. President, it will be remembered that I was mission shall suggest to Kellogg's goverument who are the true rep- one of the committee that joined in the majority report two years resentatives in Louisinna, and that when this suggestion is ma{].e the since declaring the fact that there was no legal government in the members shall be entitled ·to their certificates upon the suggestion of State of Louisiana. The investigations of that committee were strangers to the law of Louisiana, and that upon this recommendation patient and I think they were impartial, and in my judgment the and upon these certificates those members shall be admitted to their conclusions arrived at cannot well be controverted. I now affirm seats, and that then Kellogg, the then recognized governor, shall call everything that that report asserts as true. I declare that in my the Legislature of Louisiana together, and that the Legisl,ature shall judgment the election which resulted in the installation of Kellogg proceed to do whatt To make more laws, to undo perhaps some of and his Legi1>lature was a fraud; that it was an organized fraud on the laws that have been enacted and that are now in force, but finally bot h sides ; ~ much of a fraud as the parties were capable o_f making to elect a Senator to the Congress of the United States, and when it. Hence it was that I concurred with the majority of the commit- t~t Senator comes, I ask with what better grace does be come, with t ee in declaring that the election was not entitled to the considera- wliat stronger warrant of authority does he come, than that warrant tion of Congress; that it should be disregarded; that the matter held now in the hands of Pinchba{lk T A Legislature is to be organ- should be referred again to the people of Louisiana; that a commis- ized after this style, a Legislature fixed up under a compromise be- sion should be organized by Congress for the purpose of holding an tween citizens aggrieved and citizens who stood content, outside the election there; and that it would be the duty of this Government to forms of law, without regard to the constitution and laws, in the see to it that the people of Louisiana had an opportunity of express- interest of peace and harmony and good-will and compromise. I trust ing their will untrammeled with regard to the government which they that when so organized it will meet the approbation of the people of proposed should be established over them. the State of Louisiana; that that government, having reached the level For two years I have sought to follow up this idea; and dnrino- all o;f despair, may rise from that level to the majesty of a State govern- that period of time the chances for consummating that which fbe- ment entitled to the respect of the people whom it pretends to govern lieved to be the remedy for the wrongs that had been committed or is entitled to govern. have grown less and less. To-day there is no hope that anything of Now when the House of'Representatives, the popular branch of that sort can be done. _T he question of a new election now may be Congress, that branch representing the people of the United States, regarded as postponed forever. No one will attempt hereafter to in- haa recognized the Kellogg government, and when the people of troduce any proposition for a new election in Louisiana. Louisiana, the aggrieved people, have recognized that gov:ernment When I last addresseu the Sen ate on this subject I stated that if - for the consummation will be made before the Senate adjourns- the Senate would recognize formally the Kellogg government, not- and the Kellogg government by the consent of the people will be wit hstanding my judgment with regard to the election, I would take recognized, when all that attaches and appertains to the peoplo ha, the formal recognition by the Senate as an adjudication of the case, been settled, adjusted, compromised, what is left for the Senate to do f and would then stand prepared to act upon the credentials of Pinch- Mr. DAWES. Will the Senator yield to me for a moment Y back, regarding the question of the Kellogg government as fixed, Mr. ALCORN. Yes, sir. ns settled for me and for the Senat-e. Mr. DAWES. I do not know that it is incumbent on me to vindicate I have been somewhat persistent in endeavoring to induce the the action of the House of Representatives; but as I voted myself Senate to begin at t he right pla{le in this Kellogg matter ; first, with for both propositions which the Senator from Mississippi has under- regard to the question aa to whether the government waa legal, taken to construe as a recognition of the Kellogg government and of whether in truth there was a government there, and if a ~overnment, the McEnery ~~~~rnment by way of compromise, I may be allowed there whether that government elected a Senator; and if a Senator, to say that It · the Senator miliconstrues the resolution adopted who that Senator was. But the Senate has not seen proper to com- by the Honse of Representatives. I did not understand it myself 1875. CONGRESSIONAL RECORD. 63 when I gave it my vote as recognizing the Kellogg government as the Mr. DAWES. There is no doubt but what the language of the reso- legal government of Louisiana. There is no such phraseology in it; lution is broad enough to cover a title cle jm·e as well as a title de facto . nor did I vote for it myself nor do I suppose the House of Represent- .Mr. ALCORN. Certainly. atives voted for it under any such supposition. I have heard with 1\Ir. DAWES. But it is also just as plain that it will apply to n. surprise a suggestion that members of the House whose seats were governor de facto as well as dejw·e. It is a resolution so drawn as to contested voted to oust themselves and put others iu their place. It command the support of those who believed t hatbe was onlygo-vernor is the first I have ever heard of such an instance, and I very much defacto as well as those who believed that he was governor cle jltre. doubt whether the record will bear out that statement. I think that It was, I have reas on to believe, drawn on purpose iJl that form aml the House of Representatives voted for a resqlution declaring that for that very object, so th:tt those who b elieved that William P. Kel- they would i·ecognize William P. Kellogg as the governor of the logg had no other title to that office except that of a t'le facto governor State of Louisiana; that is all; that they then voted, those of them and those who believed thathe wasentitled to the office de jm·e coulu whose seats were not contested, upon the question whether a con- in a. spirit of compromi~e support that resolution ; and in tl1at way testant whom I have heard for the fu·st time-! did not know it be- and in that way only I believe it commanded a majority of the House fore; I presume it is so-ran upon the same ticket :with McEnery of Representatives. was entitled to a seat. I voted with the majority in both those Mr. ALCORN. The Senator from l\Iassachusetts simply makes cases. I did not vote ·myself, and this is the first time_I have ever good the point that I endeavored to establish here, and that was tha t heard it suggested that the majolity who did vote either for the reso- the resolution was intended to satisfy all parties, and that it was so lution recogni.zi.D.g Kellogg as governor de facto of the Sta.te of Lou- broad and comprehensive in its language that certainly the man who isiana or for Mr. Sheridan or Mr. Lawrence, whichever of them it contended for the recognition of the Kellogg government de jure had wa>"~, was entitled to a seat that had been occupied up to that time by no light to complain. That certainly left no room that he should . some other gentleman, voted for them with any idea of passing ripon complain, for the language was broad and unmistakable, not only in the question of the legality of either the Kellogg or the McEnery recognizing him up to the present time, but continuing that recogni- government. tion on the part of the House of Representatives until the term of Mr. ALCORN. I was careful to say that I had been informed of office shall expire. Now I think that our de facto friends, if they were what I stated; I believe there was no call of the yeas and nays in the seeking there to find any hook upon which they could hang an objec- House upon the admission of those members ; I think they were ad- tion thereafter, whereby they could justify themselves _in voting for mitted without a division. But with regard to the resolution that was this resolution before their constituents, were perhaps overreached a passed by the House-l have not that resolution before me-l take it, little by those who held that it was the duty of the House of Repre- however, a>"! the honorable Senat or from Massachusetts represents it, sentatives to recognize the Kellogg government as the government that it was a resolution recognizing Hon. William P. Kellogg as gov- de ju1·e. . ernor of the State of Louisiana. That, Mr. President, covers all that Mr. DAWES. I hope the Senator is not disturbed by my inter:... there is in this case. You may draw subtile distinctions in law, you ruptions. may draw subtile distinctions in politics, but the masses of the Amer- Mr. ALCORN. Not at alL ican people hold in ·its fullest, in its broadest sense, the resolution Mr. DAWES. I desire to state that it is true that it was so drawn, passed by the House as a recognition of the Kellogg government. as the Senator says, that those who believed that Mr. Kello&:g was There is no explaining of this away. governor de jure would have no right to complain of the resolution, If Kellogg, then, is recognized as the governor of Louisiana, Pinch- and as I said before it was drawn just as much so that those who be- back holds his credentials certified under the hand of this governor, lieved he was only governor de facto would have no right to complain. the seal attached thereto being the great seal of the State of Louisi- It was a resolution so drawn, and was supported because it was so ana. Then here, under the rulings of the Senate, is a pri:rna fac'W drawn, that it would establish neither the one nor the other of the case. I repeat, the popular branch of Congress has recognized the propositions. It was because the Senator from Mississippi seemed Kellogg government, has recognized William P. Kellogg, the present disposed to make it the judgment of the House of Representatives that governor of the State of Louisiana, the functionary now in discharge Kellogg is the de jure governor of that State that I was led to inter- of those duties, as the legal governor. rupt him, perhaps a little improperly, in order that I might indicate Mr. DAWES. Will the Senator allow me to read the resolution f what I supposed waa the true purpose of that resolution. I suppose Mr. ALCORN. Certainly; and I shall be very glad if the Senator that those who drew it did not desire that it might be used for the will send it here that I may look at it after he has read it. purpose of indicating the judgment of the House of Representatives Mr. DAWES. I have no desire to participate in this debate. I one way or the other upon that point. The fair judgment of the only desired to see that the House of Representatives be vindicated. House of Representatives was expressed, and expressed in the spirit Mr. ALCORN. I am sure I would not misrepresent any one con- and for the purpose solely of indicating that they did not wish to nected with this affair. Here is the resolution : decide upon that question, but simply that a man exercising the Resolved, That William Pitt Kellogg be recogirlzed as the governor of the State functions of ~overnor of the State so long a>"! under the circumstances sta~uisiana. until the end of the term of office fixed by the constitution of that he had exerciSed them had better be recognized as the governor of the State than be overthrown; but upon the question how he came This is the whole law. This runs the full limit, covers all the to that office, by what light or by what power he was installed in ground, and there is no room for anything more. The Legislature that office, the House of Representatives took care not to express which was a part of that government has passed out of existence, but itself. Any other use, it seems to me, of the resolution of the House the recognition of Kellogg recognizes all the appointments he has of Representatives upon that point is a use to which it was not the made, all his official acts, and everything that he has done. intention of the House of Representat.ives that it should be put. Mr. MORTON. I ask the Senator if that resolution was qualified Mr. ALCORN. I am very much obliged to the Senator from Massa- in any respect f chusetts for having given us what he understands to have been the Mr. ALCORN. Not at all. It is full and complete. The resolution will of the House on this subject. If it was not intended that this reads: resolution should comruit those who held that the Kellogg govern- ment was the government de jure nor those who held that it was a Resolved, That William Pitt Kellogg be recognized as the governor of the State government de facto both were very unfortunate, for the reason that of Louisiana until the end of the term of office fixed by the constitution of that the resolution in my judgment is sufficiently full and strong a.nd State. does commit all parties. I can only take the language of the I'esolu- Not in the past, but in the future by the grace of God until his tion as to what the House meant. I have not undertaken to debate term of office shall expire. Could anything be more full than that f the jurisdiction of the House on the subject, and the Senator will It covers everything from beginning to end. perceive presently that such was not my purpose, and I did not refer Mr. 1\IERRIMON. May I ask a question Y to this for the purpose of criticising the action of the House. I have Mr. ALCORN. Yes, sir. no cliticism to make. I refer to it for the purpose of showing Mr. MERRIMON. Does the Senator think the House had jurisdic- the reason why I propose now to caat a vote different from that tion to pass that resolution f · which I indicated some time back. Mr. ALCORN. Certainly they had. They can pass any resolution I then stated that if the Senate would recognize the Kellogg govern- they please. It is simply an expression of the will of the House of ment I would take the matter as adjudicated, so anxious wa>"! I in the Representatives, the popular will. The representatives of the people interest of the peace of Louisiana-for I have r egarded the agitation in come up here and express their will. I admit that it is not binding Louisiana with but little less concern than I have in my own State. on us except so far ~sit is the expression of the popular will. Her broad border is uy the side of the State that I in part represent, Mr. CHRISTIANCY. Will the Senator allow me to ask him a and that which excites the people of Louisiana excites and disturbs question Y the minds of the people of the State of Mississippi. We are anxious Mr. ALCORN. Certainly. for peace, and we are ready to make all the compromises that it is Mr. CHRISTIANCY. By reference to the reports which that reso- possible to make under the Constitution in the interest of peace. lution accompanies, does it not appear to have been the result of a This is the feeling of every man in the State of Louisiana and in the compromise, merely recognizing Kellogg as the de facto governor for State of Mississippi who wishes his country well. the residue of the term Y I was going on to show that I had found now, as I th01lght, a jus- Mr. ALCORN. The resolution does not use the term "de facto gov- tification for the vote I shall give when this question comes to the ernor" nor does it u se the term "de jure governor," but it does use the vote. As I said, I hold to the same judgment with regaru to the word" governor," and thereby it embra~es all that belongs to the gov- election that I expressed originally; and I hold with regard to the ernor complete and full. There is no mistaking, no dodging this. decisions of the courts of Louisiana that I have no respect for them. 64 -CONGRESSIONAL RECORD. MARCH 16, Why, sir, it is but few decisions of courts in the Southern States future. It is in this spuit that I feel justified to-day, holding as I organized under the manipulations of adventurers that I have any do the views that I have expressed upon the Kellogg government, in respect for. _ In my own State the other day the gov~rnor, ~eing voting to admit Pinchback. He represents the colored race. He called to appoint chancellors in the State to be judges of the subtile represents the colored people of the State of Louisiana. He is their distinctions of law in the adjudication of questions appertaining to representative man. There can benoquestion of that. If the repub- the jurisdiction in matters of equity and in the orphans' court, did licans in the State of Louisiana are in the majority, and I believe that which I thought it wa impossible to do; but I have learned they are, it is the negroes who placed that party in the majority; au£1 that there is nothing new under the sun; he absolutely made a chan- if they are in the majority, Pincbback represents that race ancl iii cellor out of a country doctor who had never studied law so far as I enW.led to his place here. The State of Louisiana bas her represent- am informed, who had not a license to practice law, but who did suc- ative of the white race on this floor; he is here. But for two years ceed in obtaining a license upon a reading of five or six days after the colored race have demanded that they shall have their represent- the appointment bad been tendered to him; and that man is now ation here, but it has been denied them. I come now to recoo-nize commissioned chancellor. He may be, for all that I know, a very the demand; and while I bold, as I have said, that the applicant clever man, a good neighbor, a good sort of man; but I judge that there comes not clot.bed in all the forms and prerequisites required by law, is no lawyer in the State of Mississippi, that there is no intelligent yet he comes at least indorsed as the man who represents his race, man in that State who will have any great regard for his decisions and he bas the certificate in his hand of that functionary who has when he shall see proper to make them and promulgate them in the been recognized by the House of Representatives as the governor of cJru:itry. the State of Louisiana. He comes, too, with a certificate in his hands So far as the decisions of the courts organized by adventurers are signed by that functionary who, under a compromise made by tho concerned, I have as a general rule no respect for them. I have no party in power and by the aggrieved party as well, is recognized and respect for the decisions of the courts in Louisiana, and ha.ving rea-d his government continued until the end of his term. So avouched and analyzed the decisions of the courts in Louisiana touching all for, so indorsed, I feel that I stand j usti:fied before the people in voting these questions and the decisions upon various points contradictory for his admission. of each other, I say that while I can see that there is ability, that Mr. EDMUNDS. Mr. President, it bas just struck me that the best there is there a subtile ability manifested in covering up points, I can- reason which can be given for the admission of this claimant has been not see how any man can have any respect for the adjudications of stated by the honorable Senator from MissiSsippi, [Mr. ALcoRN,] and the courts in Louisiana. I am glad that before we have come to a vote upon the question, one But, sir, if we can obtain peace now perhaps we shall do better. reason which has some solidity to it shall have been advanced in his The object ancl aim now of the Kellogg government being once au- favor. The case is stated with the candor which always charac- complished, it being established, it may be possible from this stand- terizes the observations of the honorable Senator from Mississippi. point, hn.d as it is, we mn.y be able there to maintain a government He says that this man does not come here clothed with the forms and that will be entitled to the respect of the people, a government that observances of law, but he does come here as the representative man will be a source of protection to the people. It is in this hope, and of a race, and so, in order that this race may have its due representa- it is for the purpose of settling this question, for the purpose of giv- tion in the Sena.t e of the United States, and in order that it may be ing fiuallegislative action to the Louisiana ca-se, that, when the vote made to see that its rights under the new order of things are to meet shall be taken on this resolution, I shall vote to admit Pinchback. with due recognition, this man is to be admitted, because it will give It will be the last of him if he is admitted. If he is not admitted, us a colored Senator from Louisiana and so give us repose. Mr. Presi- what is the outlook for the fntnre' The returns are being examined dent, if we were the supreme tribunal of the universe, and the Con- to-da,v in the city of New York, and the Legislature that is to come stitution of the United States had invested us with the power to in on that examination, as the result of a compromise, will elect a choose Senators, .undoubteilly the observations of the Senator from Senator; and when he comes here will he be entitled any more to Jl.fississippi would have great weight; but, as I rea-d the Constitution the respect of this body than is Pinchback, as he stancls.here to-day of the United States, this tribunal is not authorized to elect Senators elected by the Kellogg legislatme No. 1 and the Kellogg legisla- or to choose them. It is only authorized, acting iu a purely judicial ture No.2' and independent capacity, to declare whether a distinct and given There could be no government in Louisiana that would be entitled claimant has been chosen, not by us, but by the Legislature of a to my respect unless the government de 1wvo, a government that· is State, to represent that State in the Senate of the United States. By established and based upon, the will of the people expressed at the most people it would be thought that this uoes not give large scope ballot-box without restraint, and that could not be done unless for the imagination; it does not give wide play to the humanities, through the interposition of Congress, and Congress has failed to or to those moral or political considerations looking to the future do that, and it ha~ estopped itself in the other branch from ever which should lead us to patronize either white races or black races; doing it by having recognized Kellogg as governor of the State not but we should believe, I think, that our mission is one simply to de- only for the past but for all the future as long as his term under the clare the truth, and one whose guide is the essential reverence for coustitution of .:the State .of Louisiana m_ay continue. It has thus truth and for law, which is' the only security for liberty in this or Leen put out of the question to organize any other government in any other free government. Why, sir, it is the only standard which, Lou~siana than that ah·eady established. Kellogg is there, originally in spite of a man's will or his passion or his prejudice, is so elevated a nstuper, but by the external help of the United States Army for above him that if be be true he will follow it, whether it leads to the last two years and uy the internal help of his courts as organized present and political success or whether it lea-ds to the giving of an by. himself be has maintained himself in his place; and I think the opposite political party a Senator or a law. aggrieved party in .Louisiana did very well in effecting a compromise Now, what is tbia constitution' The constitution of Louisiana, whereby the masses of the people will be reconciled_to that which like that of the other States, points out clearly how its Legislature was inevitable. It is in that direction I go. Now, there being noth- is to be selected, and bow, when selected, it is to exercise its func- ing left to close out this question finally and forever except to admit tions. There is no room for guess-work; there is no room for specu- Pincbback, I shall give my vote to admit him, trusting in God that lation ; but in plain a.nd simple language, just as is in the constitu- it may result to the advantage, to the peace, to the happiness, to the . tion of almost every one of the other States, it declares in :the first future prosperity of those people. place that that State shall be divided into election precincts or dis- Mr. President, the South is torn by faction. Intestine feuds and tricts, each one of which is to choose one or more members of the internal commotions have rent that people from the day that recon- General Asse_q1bly, and it declares in distinct phra~e that the returns stl;nction wa~ inaugurated. Tbi~:~ friction is wearing our people out of the election of these members of the General Assembly shall be and destroying us, till they are almost reduced to the level of de- transmitted to the secretary of state. Instead of being transmitted spair. It is a hope that I seize upon now to save the people from to the secretary of state, these returns were transmitted to somebody any further agita.tions, from any further feuds, from any further else. It is claimed by my honorable friend from Indiana [1\h'. MoR- strife. · TO~] that this is a compliance with the constitution, and that it is I arose, sir, simply to give the reasons why I should have to admit left to the regulations of law to point out bow and through what de- Piuchback and to reconcile my present position to the position I here- vices and through what tests the final sovereign power of the State tofore assumed; to give the rea ons, in other words, -for that which in its Legislature is to ascertain who have been elected to its owu seems to be a change, but which in truth is not in principle any bodie~, as well as who ha.ve been elected to the executive and other. change. I suggest to the Senate that I trust Pincbback may be offices of the government. Now let us see precisely what this con- admitted and the matter finally adjusted. I shall do nothing while stitution does say, and then let us ask ourselves, gnidecl not by our I am a member of this body, if I know it, to lower the dignity of t.be own wishes but by the hard logic of fact, where it leads us. Seua.te. I shall do nothing in violation of the Constitution and the ART. 46. Returns of all elections for members of the Gilneral Assembly shall bQ laws, if I am aware of the .fact; but in reconstruction the Con~titu­ made to the secretary of state. tion was not very closely consulted. The text of that instrument * * * .. * .. was sometimes enlarged in a way that created doubt8 in the minds ART. 48. The supreme executive power of the State shall be vested in a chief magistrate, who shall he styled the governor of the State of Louisiana. of some n.s to whether Congress had the power to do what it did do. hold his office during the term of four years, and together with the lieutenant- H e hull n the view of many of the best lawyers of the country Congress governor, chosen for the same term, be elected as follows: 1 The qualified electon> hn.-{1 no power to do much that it has done, or rather, I should say, no for representatives shall vote for governor and lieuten:mt-governor (l.t the time and warrant nnder the Constitution, for it had the power. It may be that place for votin~ for representatives; the r eturns of every election shall be e.'tled in going forward this enlarged view of the power of Congress will up and transrmtted by the proper returning officer to the secretary of state, who have occasionally to he exercised, in orde1· to harmonize what ba-s shall deliver them to the speaker of the house of representatives on the second day of the session of the General Assembly then to be holden. The members of been clone with the duty of the hour and with the necessities of the the General Assembly shall meet in the house of representatives to examine and 1875. CONGRESSIONAL RECORD. 65 count the votes. The person having the greatest number of votes for governor lature elected at the same time. That is perfectly true, but I fail to shall be uecla.red duly elected ; but in case of a tie vote between two or more can- perceive how that changes the statement of the qnestion or changes the didates, one of th em shall immediately be chosen governor by joint vote of the members of the General A s embly. principle in the slightest degree. If i-t be a distinction at all, it is a distinction in the line of what I am saying, because if you cannot In the light of that language, can any Senator stand up here and trust a.n outgoing Congress to exercise its immediate _and primary say that he believes that the word ''returns," a~ used in that consti- right, whatever th at may be, to see the original returns and act upon tu tion, means or can mean any other thing than the local official them, then certainly you cannot trust an incoming Congress. And p apers taken at the t ime in every voting district and precinct in the so, Mr. President, in the State of Louisiana, a-'3 in the State of Indiana State, and that in Louisi ana, as I believe in Indiana, and cert ainly in and Vermont, and I dare say three-fourths of all the States, the Leg- Vermont and Massachusetts and many other Stat-es, the votes of the islature elected at the same time the governor is is the tribunal, the people taken on the same day and before a thousand different officers grand inquest and the grand court, to which all the original returns in different places are by a statement to be sealed up and transmitted from the various voting places are carried by certificate or in fact, to the sovereign power of the State, that by them, and not by any as they are in the State of Vermont-the actual ballots-and are judgment of any intervening authority, the original evidence of there opened and cotmted by the representatives of the people; so what the will of the people has been shall receive examination aml that if any dignity is to be gained in favor of a legislative body, it is that by t.hem the result shall be declared t If that be not so, then that which has come most recently and most fresh from the people, one of the chief securities, as this sad history of Louisiana shows, of and the evidence of whose election is most recent and any fr~ud in preserving l~w and order under the law has been lost; for if the origi- which is most easily ascertained. But, 1\!r. President, it is uot neces- nal certificates of vot.es made by local officers who are known to all sary to dwell on this topic. the voters, made without any opportunity of conference or combina- Let us proceed to find what returns it is that the secretary of state tion with other local officers in other parts of the State, are not the is to lay before the Legislature, either by the constitution or by the safest repository of theprim.ajacie(if I may use such a phra-se) result election law of Louisiana. The constitution says that the return~t of an election, then it is impossible to conceive what is the safest, shall be sent to him. The same constitution says that those returns b ecause it must be seen that there is less opportunity for fraud, less shall be tm-ned over to the speaker of the house of representatives opportunity for fal ehood and for commotion if you take what the by the secretary of state. That plainly imposes on the secretary of people in their separate districts h~ve given as the vote, counted state the duty of . turning over to the Legislature the very papers, unde1· their own eye, certified by their own officer, instead of taking unaltered, unchanged, unopened, that he receives. If this word "re- the judgment of a body of men gathered together at the capital, turns" in this constitution doe~ not apply exclusively to those pri- selected by the executive, who are to take these returns forwarded mary and fundamental evidences of local action which the people are unuer the constitution and to bring out from them what they declare to give in their various parishes, then you havo no provision in the to be the true result, which is the only paper upon which the Legis- constitution.jor any returns from the people, and you ma.r begin your lature is to act. election at the returning board, as I do not know but that this one, Why, Mr. President, I think it would be a strange thing if thi8 so far as we can get at any fact about it, began and enued at the were not so, notwit hstanding the election laws of Louisiana, and same place. notwithstanding what its supreme com-t may have said; and the Mr. WEST. On both sides. opinion of the Senator from Mississippi respecting that court relieves :Mr. ED~IUNDS. My friend from Louisiana says "on both sides." me from saying anything about it just now. If there is anything I say on both sides. I beg him to believe that I am not speaking of which is capable of misconstruction, I should have said it was the sides; I am not speaking of parties; I am speaking of the question proposition that the r eturns mentioned in th~ constitution, which are as I unfPerstand it to be, a. question of simple conclusion of truth and to go to the secretary of state and are to be by him laid before the of la.w upon an event that has already taken place. I ~ee no policy L egblature, are the returns which the various local officer~:~ tak~ from for the future in it; it is ouly the truth and the law of the pa-st. the votes of the people, seal up, and transmit, and not the judgment But what is this bw, ~h. President, and what did this people do of a body of men unknown to the constitution who are to take under itT The law, that which was in force at the date of the elec- these various papers and produce any result that in their judgment tion, declares : is lawful or convenient. That immediately upon the close of the polls on the da.y of election- Mr. President, this constitution is not anomalous. Its language is almost on all fours with the language oi the Constitution of the There being a commissioner of election ttt the various voting places Uuited States touching whatis to be clone with the votes of the elect- and a supervisor of r egistration in each one of the parishes- ors for President assembled in the various States who represent, so That immediately upon the close of the polls on the day of el ection the commis- far as it respects the President, in a certain sense exactly the same sioners of election at each poll or voting place shall Ileal the ballot-box by pastin~ sort of autonomy that t.he election districts in a State represent to slips of paprr over the k ey-hole and the openin~ in the top theroof and fastening tho State· sovereignty. The Constitution of the United St ates, as the same with sealing-wax, ou which they shall1mpress a. seal, and they shall write she names of the commiss ion ers on tho saiu slips of paper; they shall forthwith you all know, declares that the votes of the electors are to be sealed convey the b:o>.llot-box so sealed to the ofii.ce of a-n d delh·er aaid ballot-uox to the up and transmitted to the President of the Senate ; he i. to open the supervisor of r egistration for the parish, who shall l;:eep his office open for that votes in the presence of the two Housess, and they shall then be purpose from the hour of the close of tho election until all tbe vote::~ fr·om the SC\'·_ counted. What would be thought of that statesman or that law- eral polls or voting pla.ces of t.he precinct shall have been received nnd counted. The supervisor of re~str-ation shall immediately npon the r eceipt of said ballot- giver who should undertake to pass through Congress a law which box no to its condition and the state of the Stlals and fasterungs thereof, and ::~hall should declare that, instead of these votes and returns sent by the then- electors being delivered to the President of the Senate, t.hey should And here comes the part chiefly in question now- be delivered to a returning board selected by the President of the Uuited States or elected by Congress, constituteu in some way, a sh'lli then, in the presence of the commissioners of election a.nd three citizens- month in advance of the time fixed by law for their being counted, Surrounded, as you see, by the best possible witnesses of what the and that that r eturning board should canvass those votes anrl de- truth has been, those who presided at the polls anu three citizens termine which were legal and which were not and reject all those representing the people who hau been exercising their franchise- where in their judgment there had been fraud or violence or tumult, following the analogy of the Louisiana law, and then after they had three citizens, freeholders of -the parish for such poll or voting place, open the bal- lot-box, and count the ballots therdn, nod make a list of all tho names of the persons reached a result that they believed to be a convenient one, they and offices Toted for, the number of votes for each person, the number of ballots iu should turn it over to the President of the Senate in the presence of the box, and the mtmber of ballots r ejected, and the reason therefor. Said state- the two Houses who should then, according to t-hat return of that ments shall be made in triplicate, and each copy thereof shall be signed am] sworn returning boaru, find out who is the President of the United States f to by the commissioners of election of the poll and by the supenisor of regis· tra.tion. Why, sir, it seems to me only necessary to state eucha proposition to show how utterly unfounded it is. Requiring still two separate oaths and two sepn.rate tests, one by So then, when I am trying to ascertain what was the Lel!isla- the person who received t.he ballots, the other by the person to whom ture of Louisiana on the 15th of January, 1873, when it is said Mr. they are delivered and by whom they are counted, as to t.he genuine- Pinchback was elected, I shall have no hesitation in saying that., no ness and truth of the statement made up from them. Then it pro- matter what returning board bad declared this to be a Legislature vides that- or the other to be a L egislature, it is within the competence of our .A.s soon as the supervisor of regi.str&tion shall have made the statement above duty to know, as the final and supreme judges of the election and provided for, for each poll in his precinct or parish, and it shall have been sworn qualification of this claimant to a seat, whether that Legislature to and subscribed as al>o ve direcw d, t-he superviso1· of registration shall inclose in was composed of persons who appeared by the re'turns that the an envelope of strong paper or cloth, s ecurely sealed, one copy of such statemtlnt constitution speaks of made up and elected, or whether they were from each poll and one copy of the list of persons voting a.t each poll, and one copy of an.r stat.em ent11 as t~ violence or disturbance, bribery or corruption, or other tho creation of some intermediate contrivance that either the cupidity often11ea specified in 11ection twenty-nino of this act, if &ny t-here be, together with of thleves or the ambition of politicians, or wh~tever, may have all memorandaan.d tnlly-li11t.~ u sed in ma.king the count and stat.ementof the votes, invented aB a means of standing between the right of the people and s h.1ll 11enrl such pack.'\ge by mail, properly and plainly addressed, to the to elect their representatives and the persons who were to be au- governor of the State. thorizeu to meet aud to organize tbe house. If that had said "to the secretarv of state" it would have been a .My good ft·ienu from Louisiana, [Mr. WEsT,] whoso mind always perfect antdis- Louisiana. It theu proviues for triplicate copies and what is to be IV-5 ·66 CONGRESSIONAL RECORD. MARCH 16, done with those. Then it proceeds to declare-for I need not read That it shall be the duty of the secret..'1ry of state to transmit to the clerk of the house of representatives and the secretary of the senate of the la t Genernl As- section 29, about the throwing out of votes, at this present time- seml>lv a list of the names of such per ons as, according-to the returns, shalli.Jave That the governor, the lieutenant-governor, the secretary of stat-e, and .John been 6lected to either I.Jranch of the G eneral A sembly. Lynch, and T. C. Anderson, or a majority of them, shall be the returning officers for all elections in the State, a majority of whom shall constitute a quorum, and Not a list of any persons such as, according to theirjndgment, ought have power to make the returns of all elections. In case of any vacancy by death. to have been electe known to being, the certificates from the people to show who have been elected that final body, as in this case it may be to us, and as in a ca e in the members of the Legi lature or the governor of the State. The liber- house of representatives it may he to that hody · and that was the ties of a State would be in rather a hopeless chaos, if vou t,ake a htm- _evidence of what they thought the true state of things wa~ or on•Tht dred years to come, if the deterruination of who have ~bet>n elected by to be I You will see, Mr. President, how clear this becomes, much m~re the people to Le their rulers is to be confided to the cliscretion of any clear than I can state it, to the eye of any intelligent person who will selected board of men whatever. -There is no civilized state that I rearl the C';mst.itntion and t~i.s law, when you find that this Yery faculty kuow of where any such discretion has ever been reposed in any such and funct10n IS to be exere1sed by the hou e of representatives and the board. In respect to Legislat,ures every constitution that I ever read senate itself in counting the votes after they shall haYe been ·returned provides that the Legislatme itself, as the best and nearest tribunl:l>l to them through the c:oard, or to the dozen other boarrls that followecl each other like the turns I would like to make a statement, with thfl permission of tho committee of the of a kaleidoscope in that State, to stand between t.he oricrinal returns general principle that controlled me in my action as a membor of the board Q.uestion. Go on and s~J.to it. · coming from the people and the men whom those retur~s showed to Answer. We had not the technical evidence before us- he elected, with the single exception that the law sta-tes that if there was upon certain evidence fraud or tumult in a particular parish He calls the evidence which the law requires "teclmical "just as that parish was to be set asiOe altog-ether for tlle time being. some of n are sometimes be1·ated, or usecl to be in this bo1iy when Now, what does the law say they are to do _further after they have we would ~ead la_w to any person that it_ was rather hard to ge't over, tlms can vru;sed Y · we would 1mmedmtely be accused of hemg "technical-" We were what I con.sidered in the midst of a. revo!ntion, ~din order to get at The~overnor shall at s_ uch meetings open, iu the presence of the aid returning offi- the result ~f the e~ection a~ near _a s _we could, as an officer acting, I availed myst>lf cers, t~e state;nent. of the supervisors of rc;::iH!ra.tion, auu ti.Je aid returning otlictlrs of every kind of mformation w1thin my reMh, not only the affiuadts but my shall, from saul smtement-~. canvass and compile the returns of the election m dupli- former knowledge of the political divisions of the inhabitants of the State as cor- cate. One copy of ncb return they hall file in the office of tbes~;;cretaryof state, and roborative of. ti.Je evi~ence placed llefore us .. I do not pretend to ay that there- of one ropy they shall make public proclamation by printing in the official journal sults we. arrived at m all ca.'!es wero techmcally correct, but I belie\e w were anll such other newspapers 'loS they may deem proper, rleclaring the names of all substantially correct as t.o the r ult, ancl that it was the best we could do under P':lrsons uml offices voted for, the number of votes for each person, and the name the circumstances. J:t was the best under the circumstances we could do in our of the persons who have been clul_v ::tud lawfully elected. The returns of the elt;c- efforts t.o arrive at the truth. tiun thu. m::tde and :prorunl~ted shall be prim-t fucie evidence in all courts of jus- vo~ rrow many afiidavits altogether were counted from different parishes as tice and before.all c1vil officers until set aside after a contest according to law. A . I could not enumerate the whole number. I have not them in my memory. What are the returns tllat they ;,.,re to send to the secretary of I remember particular parishes. In Xatchitoches there were 1206. state f Can any man stand up and say that it is any other tiling Q. In this parish, in which you say the regnl:J.r vote w~ rejected and you than what the language of the la.w sa.ys, a compilation of results counted only tho e that made affidavits that they had not voted or bad been from the variou~ ources which the law llas pTovided and which has denied the right to vote. how many were thore 1 A. That was Bossier-1,159. flowed int.o their hands. Such returns, it says-uot those obtained Q. Was t~at the whole number of votes returned by you from tba.t parish1 hy extrinsic evidence; not t!Jose obtained upon affidavit; not those A. Yes, s1r. obtained upon the judgment .of any court; not those obtained in any Q. Were they all for one ticket J o.ther way than that they_ com~ from the separate assemblies of the A. Yes, sir. people, sworD: to an? cert1fieclm the manner prescribed by law, their Q. Were there any other parishes in which the regular vote wa.s thrown out A. Ye , sir; Natchitoches. - seals broken 1n then presence, and the re ults of those statements Q. "\Vas the whole of the regular vote thrown out there J are. to ~e proclaimed-and such resnlts, tht~s proclaimed, are p1·ima A. Yes, sir. fame eVIdeuce. Then when yotl tm·u to sectwn 56, which comes di- Q. And you acted upon afiida.vit.sJ A. Yes, sir. rectly to the point of this house of representatives, yon will tind that Q. How manyi it is provided: A. One thousand two hundred and six. 1875. CONGRESSIONAL RECORD. 67 Q. For what ticket-s were those affidavits 1 therefore, that any influence, however slight, should be brought to · A. All republican. bear in discussing this question depending upon the origin of the Q. Then is your statement distinct that there were no votes counted in that par- ish except upon affidavits 1 claimant or of the person who may oppose him. A. None by ua. But, l\fr. President, this board thus acting was by an act said to be Q. Were th0re any other parishes in the same way-that were thrown out constitutional-it is much the same as laws in other States which are entirely1 constitutional, being approved in the vacation-absolutely abolished. A. I do not at this moment recollect any. Q. How many votes were thrown out in the first parish you named ~ How many Before this canvass was proclaimed, and before I believe it was com- did you reject~ pleted, it had cea eel, so far as an express and unmistakable enactment A. I do not know that; we reject.ed the whole thing. of logislative power coulll effect it, to have any existence whatever; Q. State how many that was, as near as you can tell. A. I cannot tell. and therefore the character of these gentlemen, supposing them to Q. Was it a hundred, or a thousand, or two thousand W have been the legal board before, had become changed, and, insteau A. I cannot tell. of being a legal board, with no jurisdiction to act upon anything that By Mr. CARPENTER: they had before them, they had come to be a body of private citizens Q. Will those returns be here, showing that precisely W . of the State of Louisiana, who, it is true, could act as private citizens upon any information they could obtain, but their action could find A. Yes, sir; we rejected the whole parish on the grounrl that we believed it to have been an organized fraud, and that ~e could not determine who the votes were no warrant in the constitution m· the laws of that or anv other State cast for, nor what was the intention of the voters. They were left at last in precisely the same condition 'in respect of Thus in this particular instance, which I take as ·an illustration of their official existence that they found the means of performing their the lllt3thod of their doing things, this witness tells you that he had functions to be while they bad that existence. They had while they nothing in his hoard to go upon which the law and the constitution existed nothing to act upon, and when they cea ed to exist there was required; he tells you that he obtained nothing that the law or the neither board nor case; and yet after they ceased to exist they made constitution required, but that he acted upon the best informahon this list of the men who voted for .Mr. Pinchback, and declared that that he could get, no matter from what source it came, so that he they were the members-elect of the house of representatives and of was satisfied it would produce the result which he believed would th~senate of the State of Louisiana. That list I have taken the pains be the true one, growing out of his previous knowledge of political to look at. These gentlemen returned twenty-seven members of the parties in that State. · · General Assembly, who the witnesses on the other side in favor of .Mr. President, if I wer~ to hear a democratic witness in tbe State McMillen in this bundle of testimony (members of the board that did of Indiana, or in the State of New Hampshire-where I believe some have the original returns, and who do swear that they canvassed and democratic witnes es are being examined at this very moment touch- compiled them in conformity with the law, honestly and truly, as they ing some similar p erformances to this, only on a smaller scale-testify appeared to them) sa.y composed the house. This list contained, as I that he as a polling or returning officer had set aside everything say, twenty-seven names out of the one hundred and ten tha,t com- which hau the semblance or pretense of official or l~gal regularity posed the lower house of the General Assembly which the other gen- about it, and uad taken his political notions as a guide and had then tlemen having the returns t.hat came from the parishes, and that, taken all the informat ion he could get in support of the course he was whether goou or bad, fraudulent or otherwise, were the things that to pursue and then had rejected all the repuulican votes in that town came under the guise of law, found to have been elected. If there and had counted none but democratic one , every republican in t.his was a full house, that would. leave about eighty persons on the list Chamber would have held up his hands, if he had anything to sa,y returned by the Lynch hoard who, so far as the papers went that about it, anu said, "Shame on the democracy of Manchester," or came np from the parishes, had not title at all. If this boarcl had wherever it may be. Anu it has sometimes seemed to me that it was hacl these returns and had obeyed the law upon the face of it, and just possible that in the enthusiasm and zeal that we all feel for the had obeyed. the constit.utiou, they could not have returned anyuotly great purposes for which our party is organized and the sympathy elected that did not appear to be elected by those returns, because that we feel for the great things it has accomplished, we occasionally the law had said what they should do precisely, and that was to can- forget that we may make mistakes if in upholding the party of law vass the returns that came, and if in one case of frauu and violence and. of order and of liberty, only secured under law and order, we there was a ground of w:rong they should set it aside altogether, wink at things done by members of our party that we should be the which woulu leave a vacancy or leave the Le(Y'islatnre when it met to fu-st to condemn if done by the mem bel'S of some other. determine the qne tion in its fundament;al and constitutional capacity This, then, was what this board undertook to do. This is one as the judge of the election of its own members. instance of it, perhaps an extreme instance; I presume it is the ex- That leads me to think that if a board which ceased to exist be- tremest one that there is. Certainly none could. he more extreme, fore it concluded its labors, and which had nothing whatever that more extraordinary, than the one which I have read n:om the testi- the constitution or the law authorized any board to act upon, and mony of the witness whose board it was that created the Legislature which therefore had no a.uthority at all to make any list, whatever, wbich elected the gentleman who now asks us to decla.ra that he is bas made a list of one huuclred and ten men as being authorized to the lawful and the constit.utional Senator of the State of Louisiana. elect a Sena~or in this body, I mnst take leave to hesitate before I But, Mr. President, when this boa,rcl was thus acting :.wcl was mak- say that that Senator is elected. ing public the result to which it arrived through me:;~,ns like these, The other Legislature, the McEnery legislature as it was called, what were its powers and its authority Y I have endeavored to show according to the returns of the De Feriet and the Forman hoarcls, you that it had no power or authority to do anything of the kind. ha-d thirty people, and this Legislature of ours, as I will call it, had It, is a special creation of the law; it has no finality, aml it can have twenty-seven, about whose title to office there was no dispute. So none that the law does not expressly or by clear implication confer that if we were going on the theory of jumping at probabilities and upon it; and when the la.w says it may throw out a parish for a cer- conclusions, they neither made a quorum nor anything like it, and tain reason, it is an implied declaration of the law t.hat it shall not the enemy had by three the best of the uargain. They came by three throw out a pari h for any other reason; and when the law says being nearest regnla.r, if you are going to count it in that way. A that it shall compile and canvass the returns that come to it, that is quorum -of the house would be fifty-six members. Wilen Mr. ·Pinch- certainly a prohibition against its compiling or canvassing and get- hack was elected there were I think twenty-one. I ma.y not be pre- ting together information, as this witness caJ.ls it, derived from his cisely accurate as to tbe number, but less than twenty-seven at any political knowledge or from any other knowledge under the sun, I rate-twenty-one, I think, of the people who appeared by the returns do not care how sacred or how particular or complete it may be ; that came from the parishes to have a right to sit in that house. for the moment the e officers of the law, whose duties are so clearly Governor Warmoth called thjs Legi~:~lature together. They were pointed out, depart from the fum foundation of that path which the to assemble, I think, on tho 9th of December, 1S72. On the 6th of law has marked out for them, there is no security for liberty or for December, as you all know, nuder the order of Judge Durell, the right or for anything for which government is instituted, for tbe rea- State-house was taken po session of by the troops of the United son that there is then no guide or limit either to their powers or their States; and a Mr. Antoine about the same time, or before the 9th of discretion; and that people in my opinion will make a great mistake December at any rate, obtained an injunction from Judge Durell- who undertake to uphold resnlts produced by a body acting a-s this not the midnigilt order, but a later one- commanding every one of did outside of tile constitution and the laws of the State, because, as the persons whom the DeFeriet board had returned to be members tbe honor:able Senator from .Mississippi says, the final production of of the Legislature who were not returned hy the Lynch hoard, that that performance happens to be a gentleman of a race which it is is, every one except these twenty-seven, not to set his foot, in auy desirable at this particular time to cult ivate the good opinion of. capacity of assisting in the organization of any of these bodies, within I had hoped, Mr. President, that this question of race was to dis- the door-ways of that great hall of justice and of law in the State of appear from the arena of politics and from the arena of law. I had Louisiana. Tb at wa-s the order of Judge Dnrcll, the injunction in supposed that the amend.ments to the Constitution and the events the Antoine suit, as i t was called. It was convenient, as the report wilich had produced and which have followed them hacl, in respect says in fighting the devil with fire, not only that the President of the of political and. private rights, era-secl from the polity of this country, United States should be drawn int-o this controversy in a way which at least, any question justly to be asked whether the particular can- wonld be perfectly natural and easy to draw him in his obedience to diuate or the particular claimant or the particular citizen derived law in supporting judicial pro~ess, to have the marshal authorized his _tlescent from one race or from another, as much so as in a longer to maintain the judicial proce s of the United States, which of course period of time, I take it, we have come all to believe that it is not a he must be antb0rized to do, and it is not every cn.se by any means . good thing to inquire whether the particular citizen or the particu- in which either h e or the President can judge or have tile 1·igbt to lar candidate or claimant professes his religion unuer one system of jnclge whether that process cau be snpported or not, for if tLat were theology, under oue hierar chy or under anotller; aml I am ~:~orry, 1:10 the Ex:ecntiV'e would usurp all judicial power, he would. be t h e CONGRESSIONAL RECORD. MARCH lf}, ultimate judge of whether any judicial power is to be executed or the right of those who had such evidence of·title as this, be it ~ood or not; but, a 1 say, it was convenient not only to thus draw in the Ex- bad, to get in ; aml therefore it was necessary that Durell nneler this ecutive of the United States with the arm of the Government to take arrangement should rea-ch out to the very men themselves, one by possession by military force in aid of the marshal of the place of the one, and say to them, " I take hold of you personally, anrl. no matter meeting of the General As embly, but it was necessary to supplement whether the troops will let you in or not, you shall go to jail as in con- that., lest it might be that the President would be too early advised tempt of my court if yon undertake to do anything touching that or that his commanding officer would be too little advised by the organization." : judge under the existing order; and it was necessary that the judge Why, Mr. President, filing a petition setting forth your right as a should reach out his mandate to every man by name whom the other member, if you sent it by an attorney, would have been a breach of side claimed to be elected and say to him," You shall not partici- that injunction ; and, if Durell had had as much counge as he bad pn.te;" and so by these two contrivances were got together on the some other qualities, if any one of these members had undertaken 9th of December, 1872, that body of men that styled itself the Legis- to ~:~end a letter to tho l:lpeaker of the house of representatives or to lature of the State of Louisiana and that demands as a right under Bovee, secretary of state, stating that he wished to a.ppea.l to the the Constitution of the United States that a mnn of its selection shall good sense of the body of men who were assembling there to be h ard be the Senator of that State for six years. in the premise:;, he would have been guilty and brought up for puni::~h- Mr. HOWE. Will the Senator yield to me for an inquiry T mM~ • :Mr. EDMUNDS. If it is for an inquiry, I will indulge the Senator; :Mr. HOWE. The Senator remembers, I suppose, that. two weeks but if for a speech, I will yield the floor presently. before that the same court in another.suit llad issued an order pro- Mr. HOWE I will wait for the opportunity to make a speech; I hibiting aU persom1 from pretenuing to give any certificates excep' now ask permission to make an inquiry. It is whether any man was the Lynch board, and that that was not obeyed at all. kept out of the Louisiana Sta~e-house by vhtue of the restraining Mr. EDMUNDS. Yes, Mr. Presillent, I remember, and I also re- order issued in the Antoine 6uit f member, and I hope the Senator does, that Dm·ell hafl never issued Mr. EDMUNDS. I was not there and I do not know. AU I know any order pr_ohibiting the DeFeriet board from giving any certificate is that here is the order, and I assume that it was obtained and issued about anything, and that was where, as the report of Senator Car- for a pmpose; and with the well-known reverence for law that mrists penter and General LOGAN and Senator ANTHONY and General ALCORN in the State of Louisiana I mnst suppose that every one of the people point out, the advantage was in this fighting of two ueyils, ·w armoth, who wer., eDjoined obeyed the injunction. I will read the order to the head dev .il., and the other fellow. 'Vhen be found that Dmell's my friend and see if I am mistaken in that : injunction wM going to prevent the Warmoth board from makino- Cirouit court of the United States in and for the district of Louisiana. any returns at a~, W armotb then by the exercise of a constHutiomJ power, as it is conceded upon all hands, abolished the vVarmoth board C. C. ANTOINE } by an act of the Legislature, anu then, exercising the same power tllat vs. No. G861-in equity. H. C. W ARllOTH et al.t. the President of the United States has a thousand times uone under R8Btraining order.-lsii'Ued December 7 1:!72. our Constitution, he filled np the vacancies created by that law in the Whereas the plaintiff aerem ha.~ this day filed and exhibited his bill of complaint. vacation of the Senate of Louisiana by appointing the De Feriet a,:rainst the said defendant, H . C. Warmoth. and the other defendants named in said board, who not being tmder any injunction, and being fresh, as the bill of complaint~ and has therein Jlrayed that injunctions, pendente lite, issue saying is, from the people, if there are any people there in the true ?.gainst the defenuant therein. and that a restraining order be also issued.restr:lln· ing tho saill uefendants, as prnye tl for in said bill, from doing or permitting to be sense on any side, proceeded to canvass the returns and to publish dono tho acts in said bill complained of: and promulgate tho result in strict accordance, upon the force of tlw Now, therefore, on motion of J . R. Beckwith and E. C. Billings, solicitors for papers, with the eonstitntion and laws of Louisiana; whether in real complainant, it is ordered that the defendants n:uneu in said bill do show cause, on a.ccordan ce is quito a,nother question. So there is no getting away tho llthday of December, U:72, why injunction pendente life, should not be allowed as prayed for. It is further <.>rt1ered tllat~aicl defendants, each and every one of them1 from the unpleasant fact-and I say it the more freely from the circum- be>, and are h ereby, commanded and restrained to tllo extent and effect as in saiu st,ance that it is unpleasant to me-there is no getting away from the bill of complaint prayed [the cle rk will attach to this order a copy of the pmyer for unpleasant fact tha.t. the body of men who electeu :Mr. Piuchback injtmction as setforUt in said bill of complaint] until the hearing a.nd determination were assembled together and selecteu out of the citizens of Louisiana. af saitl rule for injunction, and until the further order of the conrt in the premises. . E. H. DURELL, Judge. by a series of contrivances that I think it safe to say is witllont a No\V here comes the prayer: parallel in the history of any community governed by law. The oper- .And that a writ of injunction also issue to the said J. J. Mellon, &c.- ations of the other board and of Governor Wu.rmoth and th e opem- tionsantl contrivances of that election parallel it in many re pect~;, and Quoting about sixty-£. ve names, being the persons returned as in some respects more than parallel it; bnt we must not forget that elected uy the De Feriet boaru and not returneu as elected by the we are not now trying the question of whether the McEnery lesp la- Lynch board- tnre was a good one or not; we are not trying whether the ..Mc~m~ry enjoiniQg and restraining them and each of tbem from participating in any man- go"\"ernorship is a good one or not; we are trying this man upon his ner in the m·ganization of the house of representatives to bo com·ened on the !Jtb day of December, A. D. 1872, or at any time thereafter, or from doin~ any act or title; and it does not follow uecause some other body of men were tlnng toward. in, or about tho or~anization of the same, either by ca-sting a vote or as bad as this, because some other body of men had as much of fraud otherwise, unless his name shalL lie and appear on the list of names of members of anu as little of law anu trut.h to stanu upon or more than this, that said house transmitted to the cl<'rk of tho same by George E. Bovee, se.cretary of tlus man has any rights. The quest ion is not, as I say, whether .Mc- state, as having been elected to the same. Millen would be entitled; but the question is whether this man was And a similar injunction against the members of the senate. That elected by the real and constitutional Legislatme of the State of was an injunction against every member returned as olected by the Louisiana, who alone under the Constitution of the United States De Feriet board tllat uad the returns, incluuing these twenty-seven, and of that State have a right to senti here a Sena.tor. That is the but excluding them in effect by this qualification at the end, "unless question. It uoes not help it, therefore, to doubt whether tile other his namo appears in the returns fw·nished by the Lynch board." My body of men was a good one'; it does not help it to know that the other fri end from Wisconsin a:sks me if I have any evidence that any of body of meu was not a good one if we do know it; it does not help it these people were prevented-! :mppose he means as a fact-from at- to believe, as I believe, that the election in that State in that year tempting to participate in this organization. I have not any means was carried by a systematic and vigorous scheme of fraud and of of knowing tllat; I do not lmow wllat the fact is. intimidation. We cannot because a State bas gone to cllaos, we can- :Mr. HOWE: By tllat ordert not because a State (as Lynch himself swears he ~cted upon the iuea Mr. EDMlThTDS, Prevented by this order. The order eays that a of its being) 'vas in a st-ate of revolution, say that we will take any writ of injunction issue to these people by name- man as a Senator who is picked np by any body of men who choose Enjoininl! and re11training them and each of tb.em from participating in any to assemble themselves together. "\Ve should violate our duty and manner in tho organization of the senate to be convened on the 9th da.y of Decem· become a party to irregular and revolutionary and fraudulent govern- ber, A . lJ. 1872, or at any time thereafter, or from cloing any act. or thing towanl, in, or ahout the organization of said senate. either by casting a vote or otherwise, ments the moment we set our seal of approbation upon a proceeding unless his name shall be and appear on the list of names of m embers of saill senate of tllat chara-cter. tr:msmittod to the eecretary of the same by George E. Bovee, secretary of state, It would be curious if we had time to go through with the history a having been elected thereto. of this body of men. It is unique. This body of men, made thus se- If t.hat is not a prevention in the sense of a prohibition I confess cure by the soldiers of the United States under guise of supporting I do not understand the force of language. legal process, a.s they were, legal in form, and nuder an injunction Mr. HOvVE. Undoubtedly it was a. prohibition, but then the Sen- against everybody else who could possibly set up a counter-claim, . ator remembers very well that that order was issued on the 7th of was got together on the 9th of December, 1872. The very first act December and the State-house had been closed under the midnight they diu, I believe, certainly on that day, was to exercise the august order of the day before. powers with which they had .thus been i~vested by impeaching Gov- Mr. EDMUNDS. So it had. That is exactly what I was saying. I ernor Warmoth. I think it quite probable that Governor Warmoth said it was not t hought to be safe t.b at. the military should have taken ought to have been impeached; bnt I believe the constitution of possession of the State-house; they might let in these claimants who Louisiana requires that a house of representatives shall impeach a stood upon tho original r~turns ; it was not safe, because perhaps governor, and not a body of men who have got together without any tile President of the United States, who was known to l1e an honest authority of law. That was the first st,ep. Then, under the laws of man, would find ont that people were being excluded who had al:i Louisiana, Governor Warmoth was said to be suspended. Suppose good an apparent title to their seats as these people had, whet.her in Governor ·w ·armoth had been unwilling to be suspended and had aid fact they had a title or nnt, and perhaps he could not be relied upon, " I will not submit." Ah, but there were the injunctions of Durell if he sllould get hold of tho real truth ~bout it, to stand in the way of and there wa.s tho power of the United States upholding the authority 1875. CONGRESSIONAL RECORD. 69 of judicial law. What chance had Warmoth to resist' Mr. Pinch- Sir, I take leave to differ from that proposition. I differ from it back, I believe, by some very extraordinary state of the law and of upon two or three grounds. In the first place, the Constitution of steps taken under it, suddenly came to he governor. He had only the United States has for the purpose that we now h:.we in hand b een a senator; his term had expired; but never mind ; by one of made us, and not the supreme court of Louisi:ma, the judges of these curious things that the supreme court. of Louisiana can un- what is the Legislature of that St·ato. Iu the second place-for I doubtedly explain the private ci•izen, Mr. Pinchback, .w as suddenly need not enlarge upon this-neither the constitution nor the laws transformed into governor of the State of Louisiana, and he commu- of Louisiana itself authorize or profess to authorize the supreme . nicated with this Legislature, and Governor Warmoth was stranded, comt of that Stato to pronounce at all upon what body of men is the as probably in justice he ought to have been; but it should have Legislature of that State. They have as little power to pronounce been justice by rt'gular method . There is .this to be said, that the upon that, in my opinion, as I, an individual citizen of Vermont, moment this impeachment had been filed and the suspension accom- have. The frame-work of the governments of these States, as of the plished the zeal of the impeachers for judicial proceedings seems Government of the United States, was based upon the idea that no suddenly to have ceased, and the impeachment w as never, so far aa I one department, not even the judicial department, should havo any have heard of, prosecuted. I may be wrong about that. It had sus- authority to interfere with or control the existence or the fuuctions pended the objectionable functionary and ha1l worked its office. Then of the other departments of the Government. They may decide the Legislature adjourned to meet at the regular time on the 14th or causes between men, a.nd so far as they affect the mon who aro tho 6th of January, or whatever the day was. They met again. The parties to the cause and the consequences which are to follow from same twenty-one only, or twenty-seven if you make the most of it, of it to those men 'their judgments are in general binding; but no court, the persons who according to the returns from the parishes had been no matter hov..· broad its jurisdiction may be, can in a government elected, appeared again with their seventy or eighty confreres picked framed like ours, either Stata or national, tmdertake to declare to be up by Mr. Lynch and his associates upon such information as they bin(ling in any sense upon Congress or upon the L egislature of a. could obtain, guided, as I believe I hav(lsaid, by their previous knowl- · State whether a pa.rticular body of men in the State are its Legisla- edge of t.he political state of affairs. ture .or not. The thing itself involves a contradiction. Supposo Well, :Mr. President, if such methods are rightful, I should be glad there is a Legislature, a.s in Louisiana, exercising actual power, as for one to be the returning board for the next House of Representa- this body of men were exercising it, aml there is a supreme COlll"t. tives of the United States. I could pick up on such information as I If they say that Legislature is not a Legislature, that is an act of could possess, guided by my previous knowledge of the state of po- treason, aml the fir t thing that would lwppen, the first thing that li tical opinion, a republican majority in that body, because locould ought to happen, unless that Legi lature were to be driven out at the show that for fourt,een or fifteen years there haol i bed the Lyuch hands. They must determine. it by adhering to one governme nt or board, and the decision of the supreme co nrt of that. State holding, if the other, and the one they do adhere to they must give their blood t h ey have gone so far as that, that the Lynch boarcl was not aholishc d and their strength to maintain. That is the way t hey must deter- in respect of its capacity to perform the f1w ctious of its office, an d mine it and the only way it can be determined in the ca.se stated by compare them, you will feel, with a certaiu sen e of bnmiliation, that the Senator. any tribunal that profe sed to af1minister law for the sake of la w Mr. LOGAN. That then is sustaining a government by force! which could. say that in the face of that constitution and of that Mr. EDMUNDS. Yes, sir; two governments U. exactly that rela- statute was deserving of something less t.han respect. · tion are sustained by force. The jndicia.ry cannot snstaiu them . A supreme conrt or auy other conrt whatever, standing in awe of Mr. LOGAN. Then it is a question of power and not a question of the power of this body of men, holtling its existence at their will, a lawf court. which harl seen a governor hung np by a.n impeachment pas ·e1l Mr. EDMUNDS. That is it. within an hour of the assembling of tho Legi lature and pre sed no Mr. LOGAN. As to whether the government shall be sustained f further, and who could see it own mern bers in the prospect as easily And that i.R the reason of the Senator. dispo eel of if they failed to r ecognize w hatever any causes brought Mr. EDMUNDS. That is part of the reason of the Senator, and I before them which it w:ts nece ary to r ecognize- I ay a court which, am not sure but that it is better stated by my friend tha.n it could be eein.,. all that and y ielding to it and holding that an act of the by myself. I think, if the Senator will :refresh his knowledge of his- Legislature, confes ed to be valid, which in ex_p re s terms repealed all tory a lit.t le, he will observe that all the history we know anything law and all office con nected with elections theretofore exi t ing was about in this world bas shown that to be exactly the case, that people not to take eifect until such convenient eason as the court. should found out what government they were living under by adhering to think it was nitable for the persons holding under the old l:1w to that or making war upon it and ta1..'"ing the consequences. perform the function with which the oJJ law bad invested them, is Mr. LOGAN. The Senator will see that the direction in which I a humiliating thing. Therefore inasmuch as the Constitution of the was tending is to place the condition of things as I have supposed Unitecl St.ates bas in this instance made me the judge of whether the them and then have him to show us the road out of the dilemma. body of men who elected Pinch back was the Legislature of Louisiana, The point I intended to arrive at is t-o see the road out of the dilemma I must take lea"\ e, as the Supreme Court of the United States said in that he places us in by holding that force must decide it. a recent case, to follow my judgment and not theirs. Mr. EDMUNDS. I am sure that I need not spend any time to The Senator from Indiana stated the ot h er da.v, as illustrating the show my honorable friend from Illinois, who has mu-ved with his binding obligation of t.he decisions of courts of the Staws, that the good sword a road out of greater dilemmas than that, any way of Supreme Court of the United States was boune n sustained consideration of the subject and to refer the whole matter to the determination of by the highest local courts. It is not easy to r esist the force of such a current of tho Senate. reason and authority. The question before us belongs to the domain of general Thns we had remitt.ed to us by the Committee on Privileges and {:i.~~u~~fthe ~!:: '~~!:e~t;~:~!~Js~ur! ~~l~~~e~~~~ ~~~~!~~fo~i?~tl Elections the whole matter. Then ca,me king their seats," to be admitted." It 1s a mockery, su, as 1t seems to rue, w1th all and that "most, if not all, of them will ·do so in the ue.xt few days." r espect. - Let it be understood- Hut, Mr. President, I have occupied too much of the time of the Says Williams, the Attorney-General, to Pinch back- Senate. There is, however, one other topic that I think I ought to that you are recogruzed by the President as the lawful executive of Loui11iana, and advert to before I sit down. If I read the RECORD correctly, within that the body assembled a.t Mechanics' Inst! tute is the lawful Leg islature of the a day or t.wo my honorable friend from Indiana has said that the State, :md it is snggeated that you mako proclamation to that ofl'ect, and also t-hat state of this ease is so mew hat, I do not know but concl uRively, changed all necessary assi.stancewillbe gi>en to you and tho Legislature herein recognized to protect the State from disorder and VJolence. by fue circumstance that the Pl esiclent of the Unitecl States bas rec- ognized the Kellogg government; that he having recognized that gov- If the Senat-or were an enemv of the President of the United emment we are bonu(l to recognize it in all its departments, which States- I mean a political enemy-and not his friend, n.ncl w ished to have no necessary connection with each other; for Kellogg may have make use of sticking .i n the letter at the expense of the substance, been elected and yet the one hundred and ten men ret muecl by the and were to endeav<;>r to draw from ~bat language of the Attorney- Lynch board may not have been electe~ to the Lerrislature. We kn?W General the conclusiOn that the Pre 1dent of the Unitell States b::u.l, that in the State of Massachusetts qmte r ecent.ly t.he guberuatonal in hot haste and without any opportunity to inquire into t he cir um- election and the election for membel's of the Legislature diu not com- st.ances or the title by which this one of two boclies of men claimed pare at all. We had a democratic governor, but we hn(l a heavy re- t-o have been elected, undertaken to set them up in ad vance of :my publican majority of members of the two houses of its General Assem- inquiry and to hold to them, then he would rua-ke use of the argu- bly. To say therefore that the Presi I know there is not. I know it Let it be undsrstood. that you are recognized. lnj the President cu the lawj'rd ~tive of course just as every body else does, from t.he course of thlli history. of Louisiana, and. that the bod.ytUsembled. at Mecha.nic.l' Inst:itute is the lawful Legisla- We must fac~ the question, I say, and: we mus t ueclare once for all ture of the State, and it is suggested that you make proclamation to that effect, and a lso that all neceasary assistance will be given to you and the Legislature herein whether the one hundred and ten men in that bon e of representa- 1·eeognized to protect the State from disorder and violence. tives, selected as they were by that board that had oxpired and that GEO. H. WILLIAMS, in addition to having expired had no one of the papers that the con- .Attorney-General. stitution and the laws of that State say are the only evidence npou Mr. EDMUNDS. Yes, Mr. President, and on what page is that f which they shall act, are entitled to act for the State of Louisiana Mr. MORTON. On page 59 of the report. I will send the docu- and to send o. Senator here. ment to the Senator. It has been s~tid that the State of Louisiana is entitled to two Mr. EDMUNDS. I find it now. It is dat.ed December 12, 1872. Senators, and that it is a wrong to her that she doe not have them. 'l'bis was three days after the impeachment of Warmoth and one day That is true, but it.. is two Senators that the State of Louis iana is after the Pre~:;ident had been notified from New Orleans that the entitled to1 and unless this man be her Senator we commit a gross ' - 1875. CONGRESSIONAL RECORD. 73 outrage upon her by giving him a place here a.s her representative, the fraud upon the State of Louisiana which bad its inception in and it appears clear to me tha.t be is not. the unlawful act of this Federal judge. Mr. President, if there is any policy in this business, although I But the admission of the claimant is urged upon a much more in- know of no policy but that which in looking t!() the past seeks for defensible ~round, which is that, presenting a~ he does the usual evi- the truth, it seems to me that it is the policy of a strict adherence rlences of tLtle to the office, he llaa the right to claim his seat upon the to the law. That is the guide which, in the heat of conflict and in pri1na facie ca e thus made; that his admission must precede investi- the tempest of passion and in the tumult of politics, is the sole star gation; and if upon investigation it shall be found that he is not en- that guides our sllip of state to a safe haven. If you turn away from titled to hold his seat, then the Senate must get rid of him by expulsion. that and speak of party wishes or party sympathies or races or ex- In this branch of the caae much stress is laid upon wha.t is claimed pediencies, you are lost in the sea of chaos and tumult that baa to be a prima facie right, and many precedents have been citeu to ruined so many republics in the history of our times. I for one, sir, support the argument based up it. shall .s ta.nd by tlle law. [Applause in the galleries.] A primafa&.e case is but a presumption of law, and stands only in Mr. McDONALD. Mr. President, it ha~l not been my intention to the absence of proof to the contrary. It is the presumption whiuh t:1ke any part in the d~bate upon the pending resolution for the ad- tille law raises in favor of the general rule, and vanishes b fore the mission of Mr. Pinch back as a Sena.tor from the State of Louisiana, actual facts of the case. A promissory note is p1·ima facie evidence of and it is not now my purpose to engage the a.ttenLion of the Senate debt, but when there is proof that the debt has been paid or thai the for any considerable length of time in the discussion of tho questions note was given without any consiueration the p1·i1nafacie oose falls, in voh-·ed in it; but differing as I do from my distinguished colleague, and the verdict must be made upon the whole testimony. [Mr. MORTON,] by whcm t.he resolution has been introduced aud In many cases, and I think this ought to be of that class, the legal pressed with great ability and earnestness, I have thought it right to presumption is affected by lapse of time. It is now more than two state the rea ons which will control my vote upon it. years since the date of the commission upon which this claim is It bas been repeatedly said during the progress of this discussion made. One Congress baa passed away since it was first presented to that the questions invoh~ed in the resolution are jn<1icial in their the Senate, anas. if I am not vehemently mistaken in myself, I shall follow the repub- That Legislature was organized upon a list maue out uy the Stlcretary lican party but a very little way after that sad time when I shall of state, and I give the te ·timony in regard to it. Mr. Garlanmitte1l by the Lyueh Senator from Vermont !:jays it was iudispeusable to hold, the retnTns hoard; and that board fouud a majorit.y of 3,66U in Lho:se four var- 1875. CONGRESSIONAL RECORD. 75 ishes for Kellogg. Thus correcting the ...-ote in the ten parishes, you that majority, that was all they wanted; and if that was shown by find a majority for Kellogg of 6,996 not recognized in the return of the true returns, why in the name of all that is wonderful did they tho Fm:man board. If you deduct that from 9,GOJ, the largest mn,- resort to forged returns from four different parishes 'i Men do not jority which that board dared to claim for McEnery, you have bnt resort to knavery for the fun of the thing, I take it; not even the ~ .GlO left. Deduct the sa.me corrections from tho smaJiest number Warmoth party in the State of Louisiana does that. I havo no sort claimed by the Forman boa-rd, to wit, 6,643, a-nd yon will find that of doubt that they would j nst as lief be honest if honesty led to the majority wiped out entirely and a ma.jority for Kellogg. Deducting same advantages. Why d1d they resort to these extraordinary expe- il- from the larger number, you have a majority of 2,u10 left for Mc- clients, forging returns and suppressing returns f Let me give you Enery. Bnt wore those votes thrown f The Committee on Privi- an idea of what those expedients were. :Madison Parish, I reminde for the republican candidates to be deducted from 2,610. not know; they were malting up tally.lists of the returns of tho election i'or the II' a chaniana, aucl ln,ws can be heaped ·upon the logic of their reasoning, which can shake which Louisiana bas obeyed, ris-ht or wrong; aninchba.ck for a Senator of the United States. But the fact that it to what they have declared. We mayboutterlyrcgardle~s of all law made laws shows perhaps no more than that it was a clcfacto Legisla- when we come to determine the que~;tiou who is a enator of the ture, if there can be snch a thing as a de facto Legislatum. ·w as it United States. We may t;ay in spite of Louisiana that Pinch back is anything more than de facto 'f Unless I am vehemently mistaken, it not Senator; we may say that Mcl\1illen is ; we may pick up any was a Legislature which holds by all the title which any Congres va-gabond we find on the street and plant him here. Our judgment of the United States ever beltl or the Legislature of any State in the is final upon that question. The man we seat !Jere anu keep here is Union ever held. a Senator. The only difference is that if we pick np the etraa(l'ler What composes the Legisla.ture of Louisiana l Two houses, as you out of the streets and put him here we shame the law, we ontr~.,.e know, one called the senate and one called. the house of representa- right and duty. You drive Pinchback from your doors and you otft- tive . Who elects them f Tho constituencies in the several sena- mge the law of Louisiana not one whit less in my judgment; you torial and representative districts of the State. Who determines are absolutely regardless of the most explicit terms of her Legisla- primarily who has been elected from a representative or a. senatoria] ture and yon. are absolutely regardless of the solemn judgment of district.! The law of Louisiana answers yon- the boarcl of retnrns her lli~he t court. of that State. It has been read very often. I think I ha.d better read Sir, I claimed in the outset that I spoke in defense of Louisiana's it once more. The authority is so clear, the language of the statute authority this afternoon. Here I present you the authority of Lou- is so plain and so imperative: isiana.. Try 1t yourself; you cannot couch the same authority in more Within ten days after closing of the election said returning officers shall meet in explicit terms in the very Jaws she has enactetl. Well, sir, so fur we N cw Orleans to cam-ass and compile the statements of votes mado by the super- have come on our way. The election of every representative and of visors of registration, and make returns of the election to the secretary of state. every ~:>euator who took part in the election of Mr. Pinchba.ckwas certi- That is what the board of returns is to do: "make returns of the fied by that board declared by Louisiana's snpreme authority to be the election to the secretary of state." But that is a command which trne board of returns. There is her la.w, tleclaring to you that those has relation to all the officers of the State-the governor, the lieuten- individuals and only those shall take part in tho organization of the ant-governor, t.ho administrative officerH, the legislative officers, the house ~nd the senate. Those men did. organize the house ::tml the judicial officers, the parish officers. What about the returns of the senate, taking their seats by virtne of these certificates granted them board. touching the members of the senate and house of repre enta.- by the board of returns. Suppose they were not elected, one sinro- Mr. HOWE. I rather think that I shall be obliged, upon a carefnl gated the law under which the election of 1872 was held. That raises consideration of that question, t.o confe that the Lynch board conld a very grave constitutional quP,stion which I shall not stop to argne. not ba,ve continued in the office of a boartl of retums any longer thau I was glad to see that though the Senator from Vermont bythe stress the office of a "board of retnrus existed; and if the office of a bom·tl of of thP. occasion was obliged to seek some sort of ·support from that return was abrogated, I gnes Lynch and his compatriots would go. act. of Warmoth's be claimed that support with a great deal of hesita- But that did not happen to bo the case on the 20th of Noveru uer. Tl.Je tion and dtffideace. He urged merely that it was said that the gov- office was preserved and the constitution lived, after a fashwn, anal or he The PRESIDING OFFICER. The question is on the amendment never would have ventured upon the very extraordinary maneuver proposed by the Sen:..., ..J r from Vermont. he did. .An appeal was taken, but instead of securing a reversal it Mr. EDMUNDS. Have the yeas and nays been ordered Y secured the affirmance of that judgment. The PRESIDL.~G OFFICER. They have not been. On that day, therefore, I still say t.his Lynch board was the true Mr. EDMUNDS. I ask for the yeas and nays. board of returns for Louisiana; and the constitution of that State The yeas and nays were ordered. say-s, being o, they shall coutinue to di charge the duties of their Mr. LOGAN. :Mr. President, it is so late in the day that I had about office until their succe sors are inducted into office. The new statute concluded not to ay anything on this que tion; but inasmuch a which Warmoth signed on that da.y declared that the board of re- there seems to be no one else desiring to occupy the time, I will do ~o tnrus should be elected by the senate of the State. There was no for the purpose of giving my views in reference to this question aud senat.e of the State in being. There could be no senate until t.he the effect of the decision of the Senate in this particular case. board of returns bad canva 'Sed the certificates of the supervisors In listening to t,h e arguments of Senators on both sides, I have and ascertained who the enators were. noticed that there is one point made by the Committee on PrivileO'es Mr. ED.:\IUNDS. ShaU I disturb the Sen:1tor if I ask him a ques- and Elections in the majority report that has not been observed as tion f the pivotal poiut upon which thi~ case turned before the commit tee. Mr. HOWE. • Very likely, but I shall submit to the clistnrbance. The Senatm from Vermont [Mr. Em:tUND ] discu sed the que tion .Mr. ED:\IUNDS. Certainly then I shall not di-sturb him. to-day quite elaborat,ely, that. is, that the election laws of Louisiana Mr. HOWE. The Senator knows perfectly well tuat be cannot ask nuder which this election was held and the returning board author- 1875. CONGRESSIONAL RECORD. 79 ized by that law were unconstitutional. It is upon this point, as a either sustain the Kellogg government or admit that there is no g.:>v- star1 ing point, that the majority of the committee came to their cou- ernment there at all of any kincl de facto or de juTe, aud authorize by cltllsion. If• that election law is unconstitutional, as stated by the that means revolution and bloodshed. committee and as argued by the Senator fi·om Vermont, the retmn- I have examinetl the question in reference to the constitutionality ing board had no validity whatever; their retmn as a matter of of the election laws of Louisiana. I know it would ue considered course was a nullity. It was upon this hypothesis that the majority presumptuous for me to attempt to r eply in any way whatever of the committee arrived at the conclusion that if any government to the learned Senator from Vermont in his legal argument to-day shoulu be recognized by the Senate of the United States without on the constitutionality of those laws. I know that he is con- flU'ther action it should be the :McEnery government, on the ground sitlered the oracle of the Senate so far as the law is concerned. Not that the returns, the only evidence which would be legal evidence if only that, but when he t~lks law in the Senate anu retires from it, these laws were unconstitutional, were in the hands of the governor, everybody else seems willing to retire and consider that that is all and that was the only evidence upon which an opinion could be that need be said in reference to the q uestiou. The very moment cer- based in reference to the result. It was on that ground that the tain gentlemen in the Senat.e give t"heir views of the law, if the rest Committee on Privileges and Elections made their report; but in of the Senate do not retire, they usually 1·etire themselves, as much making that report there is a little history connected with it which as to suggest that what they have said is all that need be said. Now ought to be observe~l in order to come to a proper conclusion, in my in my feeble manner I propose to examine this question for a moment judgment at least, as to our action in the premises now. We re- and see whether or not the proposition_of the Senator from Vermont ported first that in our opinion if the facts could be pla,ced before the can be answered. committee correctly and the election returns made properly McEnery Probably he will say to me, 1'Why, you once decided this law un- would not have been electeu, but upon the evidence we had before us constitutional yourself." I did agree tQ report that it was unconsti- we decided that if either was elected it was :McEnery, but that there tutional; but inasmuch as comts, according to the Senator from was· no valid election on account of the magnitude of the frauds on Vermont, are not bound by the decisions of other courts and nobody both sides. is bound by tho decisions of comts, I suppose the gentlemen who pre- In making that report to the Senate we first proposed to the Senate tend to be lawyers, whether they are. or not, arEa bound only to their that the Congress of the United States should pass an act authoriz- own conclusions from examination, let those conclusions be what they bg a~ election to be held in the State of Louisiana and thereby deter- may. The Senator from Vermont says the law appointing the board mining this question. SeconU, we proposed to the Senate a resolution of canvassers of Louisiana is unconstitutional. The Senator says the that there was no existing State government in the State of Louisi- law that requires the returns to be made to that board, instead of be- ana. These two propositions were presented by the committee to the ing made to the secretary of state unuer the constitution, is Ullcon- Senate of the United States for their action. The committee acted, stitutional. Let. us see. The constitution of Louisiana in the forty- as I said, upon the theory that the election law of Louisiana was un- sixth article provides: const-itutional, and that we bad no legal data before us except that Returns of all elections for members of the General Assembly shall he Ilillde to which, if we held the unconstitutionality of the law, would decide the secretary of state. . . the election of .McEnery. We then supposed that the Congress of tlle United States would take action and either pass the bill antllor- All returns shall be made to the secretary of state. By whom are izing a new election wit.h the safeguards placed arotmd it as we had they to be ma,tle to the secretary of state' All retmns in the Sta.te suggested, or- something similar, or that they would declare that no of Illinois under the constitution are required to be made to the sec- State government existed antl provide in some way for a State gov- retary of state; but because the constitution requires the returns to ernment. · be made to the secretary of the state, is that any reason why those re- The Senate of the United States utterly failed and refused to act · turns cannot be canvassed and the result known before they are so upon the resolution declaring that there was no State government returned f I presume there are many gentlemen here who repre 'ent ha viug an existence in the State of Louisiana. On the bill reported States which have a constitution with a similar provision requiring from that committee, a law to be enacted for an election to be held the returns of t.he votes for members of the General Assembly, for in that State, the Senate voted down the proposition, anu on that governor and lieutenant-governor, and State officrrs to be made to vote every democra,t in the Senate voted against the law, and suffi- the secretary of state. A number of the constitutions of the dift'er- cient republicans to defeat it. How then does the case stand f The eut States have precisely this provision and this requirement. But r esolution declaring that there was no State govemment was ig- are there no intermediate steps that can be taken by enactment of nored by the Sena,te. A bill prepared for an election in that State the Legislatnre to ascertain the voice of the people before the returns was voted down by the Senate. ·what :wtion then could be or ought are in the hands of the secretary of the State 1 Is it not a well-known to have been ta.k en T fact, and is it not a proposition that is known to be lawful, too, that That is the situation as the case stands to-day before the Senate of ~very member of the L egi latnre elected in many States, A.nd espe- the United States. Pinchback presents his certificate. Mc:Mille.u cially in my own State, gets his certificate from the secretary of state¥ was elected by one Legislature. The Senate of the United States The returns are made np in the different counties. by the boards of ca,n either declare the Kellogg government a ln.wful government to- canvasRers in the C(ltmties. They certify to an abstract of the votes day, or they should declare tlle McEnery government a lawful gov- to the secretary of state and on that abstract a certificate is given so ernment, or they sh01ud declare that no government at a.U exists and far as a majority is concern eel. The returns are sent to the secretary 1wovide for a government. Suppose there is no action on the part of of state to be filed in his office, but the ce!'tificate is issued to the Congress at alU You· then leave the State of Louisiana without member of the house of representatives or senate at once. The leg- form so far a~:; a government is concerned and no one to act, if om islators are known, are designated and certified prior to their meeting position was correct. Unless t.he President of the United States as such representatives. Hut., according to the Senator !rom Ver- should act and sustain and support a government a.ll is chaos and mont, the returns would have to be made to the secretary of state of confusion, and revolution and bloodshed must inevitably be the re- the election of members of the General Assembly, and that General Slllt. That then was the position. . Assembly must meet for the purpose of opening and counting those I was told the other day by the Senator from Delaware [Mr. SAULS- votes a-s presented by the secretary of stat.e, as be sa.id, sealeu and BURY] that he would like to see some way maue for certain gentlemen unbroken until the Legislature should meet. Of comse the Senator to get out of a dilemma they were in. What dilemma f I suppose from Vermont is not listening to me. the Senator intended to suggest that those who matle the majorit.Y Mr. ED~.fUNDS. I am. report asking that the Senate and House of Representatives take Mr. LOGAN. I should like him to explain to me his proposition action in this matter and who now claim the right to seat a Senator that the Legislatme meet for the purpose of having ·tue votes in this body from that State have changed their views to such au opened by tlw secretary of state in their presence. In the presence extent that they were in a dilemma. Let us see. After -the Senate of what Legislature¥ In the presence of the Legislature elected for refused to act, after Congress refused to do anything, I, as a member the pmpose of con veniug at that time. If the votes are not to be of that committee, was required to ask myself the question, what is opened and canvassed prior to the time when they are to be opened to be done f The President had recognized Mr. Kellogg as governor by the secretary of state in the presence of the Legislature of the State, of the State of Louisiana. It wa my duty to sustain the arm of the bow are they to ascertain that they are elected members in orde1· to Government in preserving peace and order in that State, and I , suppose that neither pretending governor who appear from the various local returns to be members of the Gen- calls upon the President to interfere, I ask you then to tell me whore eral Assembly. He makes the list of those men who thus a ·semble is the tribunal to make the decision 7 and have a prima facie right to the-:r offices and then proceed to de- How does the Presiflent intervene where there are two opposing termine upon each other, and so on. governors T The President intervenes on the call of the governor or Mr. LOGAN. This is just the difference now between the case of the Legislature of the State, asking him to interpose his authority Louisiana and the case of other States : Louisiana preferred to have for the purpose of preventing bloodshed by suppressing violence. a canvassing board, made up of five persons. The State of Illinois Suppose neither of these authorities or pretended authorities calls u pou prefers to have a c nvassing board in each disb.'ict. That is the the President and the State stands there by itself with two Legisla- distinction precisely. We make a canvassing board in each senato- tures and governors and one court. I ~sk some man to tell me who rial and representative district. Louisiana made a canvassing board is to decide which is the right one. If there is any answer to it, I will of five members for the purpose of counting all the votes and then thank any man in the Senate to tell ma what it is. I will thank my returning tilem to the secretary of state, the same as 1he canva s- friend from Vermont, my friend from llichiO'an, or the Senator from ing board in t11e legislative districts does in other State . If the con- Ohio or any other Senator on that side of the House, to answer me stitution requires the 1·eturns to be made to the secretary of state where the power exists to maintain either one of tho e governments without providing that they shall be macle through any intermediate if it does not rest in the judicial power of the State. board of persons, and the Legislature may provide that a canva-_qg Mr. CHRISTIANCY. I will say to the Senator that that point is shall be made in the districts and then sent to the secretary of state wholly immaterial to this question of the election of Mr. Pinch- for the purpose of opening and canvassing himself, I ask you if the back; it would be very appropriate on the other resolution ofiered by conHtitutiou authoriz~s tho Legislatn,re to make a canvassing board the Senator from Indiana, [Mr. MORTON.] in the 1·epresentative district if it has not the same power to make Mr. LOGAN. That is, however, not an answer to my question. a canvassing board for the whole State T If the power exists in the Wholly immaterial to this question, the Senator says it is, therefore one instance, does it not exist in the other T it is not in the case. But it is a material question to know ·w hich Mr. EDMUNDS. I do not desire to interrupt my friend. He knows one of these Legislatures was the proper Legislatm·e, and there were that I respect his views. He knows that I have followed them down two Legislatures. Is it not material for us to know here which Leg- +-o this very day; that, perhaps, is the misfortune under which I llilature was the true one if either one wasT Then I sa,:v it is mato labor; but the distinction is, I will suggest to my friendt who can see rial in this case to know what power can decide that question. i t quite as readily as I can, that in the case of all those local officers, Mr. CHRISTIANCY. My point was that neithe1· was the true Leg- no ma,ttcr what you call them, they are the primary fountain of as- islature; there was no true Legislature tl1ere. certainment. from the people themselves in each district of wl.Jat the :Mr. LOGAN. That is upon the ground that there is no government vote has been, from the very nature of the case. Now, in this iustance there at all; but I am argning upon the hypothesis that there n.re til Legislature of Louisiana has undertaken to sa.y that between those two pretending governments; I care not whether either of them is primary officers of the people in their respecti>o and separate locali- lawful or not. I want the information; I want to know where the ties and the final grand ·court of t.he State. its As emb1y, there shall power exists to enforce the law or where the power exists to give the intervene a set of judges, or board, or whatever you call them, who citizens of the State a knowledge of the law. I said to-day, and as are to sift out the retul'Ds and do thiR and that with them and make the Senator from Vermont in reply answered, every citizen is pre- up a list. It may not affect this case, but I do not think the two sumed to know the law and every citizen i regarded and held ac- propositions are the same. countable for his action whether he ever heard of the law or not. Mr. LOGAN. All the distinction is that in the one case a board is If every citizen must know the law and is held responsible for his provided for a representative district; in the other case the board acts to the law, I ask Senators to tell me if there must not be some intervenes for the whole ~tate to count the votes and give there- means by which he may ascertain the law. The 1·eason for the pre- turns to the secretary of the State. Ana so it was in tbe State of sumption of the law is tha.tt there is a means through which and by Louisiana in reference to that law. which the citizen may ascertain the law. If he fails to ascertain and But I was going to say, without continniug any further in refer- understand the law, the law considers it his own fault; but if there ence to this proposition, that I also, having some respect at least for are no means for his ascertaining the law, then I ask you why apply the opinicn of the courts in my own State, must give the same re- the presumption to him! spect to the opinion., of the courts in ot.her States. The supreme This point, although it has been dodged, and although Senators court of the State of Louisiana, having this qucslion before them evade it by saying that it has no relation to this case, has a striking arising in the case of one of the jud~es and in the case of a sheriff' relation to it. l!'rom the beginning to the end, it is for us to know and clerk, decided the question, leavmg it open no further so far as who the Legislature is, for us to know who the governor is, for us to that point is concerned. Altilough it has been said that the Senate know if there is one or .if there is not oue. If there is no Legislature in is not bound by any judicial opinion, by any act of any other parties, Louisiana, uo governor in Louisiana, it is our duty to find some way and by any decision that may be made by any branch of the Government, some means by which a governor may be chosen and a Legislature may either State or national, but that Senators act independently and are be til ere. The reason that I make this point is, as I said, that when our the judges themselves wit.hout any other power intervening, yet I committee asked you to pas a law, and you refused to do it, for au at least am led to my conclusion in deciiling a ca e of this kind by election in Louisiana, when we asked yon to resolve that there was the evidence, by the decisions of the courts, by the recognition of the no State government there and you re~sed to do it, this question Government, by all the surrounding circumst.ances combining to- then arose in my mind, how the people of Lonisiana are to know gether to produce a result. Hence I have come to my conclusions in whether they have a government or not, how are the people to be this case. protectec.l in Louisiana in their rights if there is no power to give In our report of two years ago we incorporated a dissenting opinion them protection, if there is no power to declare the government, if of the court of Louisiana and based our argument l.Uaiuly upon it, there is no power to declare the law, if there is no power to execute declaring that the court had no jurisdiction to decide the question the law f Then I ask you the condition of the State of Looisiaun.. of t.he returning board, and for that reason we ignored the Lynch Its condition, according to this doctrliu, is chaos and confusion, left boa,rd; but in the two ca es decided in Louisiana subsequently to our to wild, mad mobs, for the purpose of exercising authority by force report and subsequently to the other decisions quoted in it the court and only by force . The doctrine that there is no power to decla.re a. recognized the existence of this board and recognizec.l the constitu- legislative body in a Stat~ is a revolutionary docl rille, it is the doctrine tionality of the law which organized it. Therefore I say that we of bloodshed, and not the doctrine of peace and good order. are not precluded from jud~ring so far as we ourselves are concerned; The Senator from Vermont to-day, in respon e to my inquiry, an- but at least it is a fact before ns that the court has so deciue government; my friend from Michigan said he wa called as a witness, but . it and yet we cannot recognize a government set up in one of om· St ates, makes no difference, his evidence is in the case anyhow ancl I do not the Senator says by force unlawfully set up. How unlawfully set desire to dodge it in any way-the same Senator who wrote the r e- up "I Set up just as lawfully as any government is set up where men port declaring the election law of Louisiana unconstit utiona l:1Ild ote to seat him. Mr. SPENCER from Alabama, said: My friend from North Carolina argued that Penn and hi~ colleagues The persons in the two bodies claiming to be the senate anromise commit- 42,000 majority-a change of 68,000 votes in less than five months. tee in case ho was needed. It is understood the basis of the Wheeler compromise, which has been sent to Governor Kellogg at New Orleans, is about this: One addi- There was a reign of terror. In some parishes Grant did not get a tional conservative is seated in the senate. The lower house of the Legislature. is vote; in others he got one; in others, five; in others, one hundred ; conservative by a ml\iorityof twelve, but the two houses on.joint ballot will be tied where the republican candidates in the spring had received thousands on a party vote, and if the acceptance of the Wheeler compromise is a-ssumed, it is of votes. In other words, Louisiana was a great slaughter-house in probable, if Pinchback is not seated, that a conservative will be sent to the Senate. It is said of Speaker Hahn, that though a rel?ublican, he will vote for a conservative 1866 and in 1868, and republican blood was shed upon almost every citizen of the StaM rather than join with his ;party in electing a republican not a plantation in that State. bona fide citizen. IDs vote would be the deciding one in the contingency of the two In 1870 another election came on. At that time the Ku-Klux had houses being evenly divided. to some extent been broken up, and the republicans again carried Mr. MORTON. Our democratic friends, who have always been dis- the State by over 20,000 majority~ But in 1872 a change had come tinguished for their political sagacity, see the advantage. They are around. Warmoth was elected governor by the republicans in 1~68- reaching out for it, and they are extremely thankful to any republi- a young man of fine talents, of good character, and great promise; cans who will aid them in the accomplishment of their purpose. And but he became connected with certain schemes and was charged when I was listening to a speech this afternoon, a long and elaborate with having been guilty of certain acts of corruption, so that he lost speech that had been long in process of incubation, I observed my friend ca-ste with the republican party, and he was sloughed in and in 1872 the Senator from Ohio [Mr. THURMAN] and the Senator from Delaware he went over to the democrats, and, although they :Qad denounced [Mr. BAYARD] and the Senator from Missouri [Mr. BOGY] beaming him as the worst man living and no epithets had been too vile to be with pleasure as they listened to that speech and looking their applied to Governor Warmoth, they received him as their leader; gratitude. Every vote against Pinchba-ck is a vote in effect in fa-vor and the evidence in that volume, for which my friend from Michigan of a democratic Senator from Louisiana. Of course this is an un- has such a supreme regard, the evidence which he says he read, shows worthy consideration, one that no republican would think abont, that they made this bargain with Governor yr armoth: that he should because we take loftier views of all these questions; we are exceed- manipulate the State, that he should carry 1t for the democrats, and inglyconscientious, and we prove our conscientiousness by voluntarily they counted his control of the election machinery as being equal to throwing the power into the hands of our enemies! Every vote given 20,000 votes, and that he in return was to be sent by them to the to reject Pinchback in its effect is to demoralize the republican party Senate of the United States. There is the volume containing the of Louisiana, and not only so, but it .is a vote in effect to disturb the evidence of this base contract between the leaders of the democratic public peace and to bring about a renewal of those bloody scenes party on the one hand and Governor Warmoth on the other, by which that have been taking place in the State of Louisiana. But I forg~t. an acknowledged notorious majority in the State of Louisiana was Here is my distinguished and poetical friend from Kentucky, [Mr. to be overcome. Governor Warmoth under the law had the appoint- McCREERY,] whose tender and delicate organization revolts at all ment of supervisors of election in every parish or county. They in species of bloodshed, although he does delight to indulge in tales of turn had the appointment of all registrars and judges of the election republican fraud! in every precinct and in every city, and in that State the governor Mr. President, that is the first reason why the democratic party of the State held the whole election macliinery in his hand. They are solid against Mr. Pinchback in this body. There is another a-cknowledged that equal to 20,000 . votes, and the majority of that reason, and that is the effect to be produced by the rejection of Pinch- committee which some Senators have in such hig-h regard reported back. Pinchback is thirty years old and more; he is a citizen of the that the control of the election was in their opimon equal to 20,000 United States and has always been. Therefore he has all the quali- votes. fications under the Constitution of the United States. If he is re- The republicans went into that election knowing that they would jected by this body, it is because he was not elected by the Legisla- be cheated, swindled, and outraged at every step, and the evidence ture of Louisiana. A vote to reject Pinchback is a vote against the shows that they were, that their worst anticipations were realized. legality of what is known as the Kellogg government in Louisiana. The. republicans had this vernor Warmoth, who was elected by the republicans of the tate in 1 6 , had pa sed into oppo ition, and held in his bands the entire ma{)hinery of the nying to the State of Louisiana two Senators upon this floor, ina-smuch election. He appointed the supervisors of registration, and they appointed the a-s the majority of the people of that State seemed to be opposed to commissioners orelection. The testimony shows a systematic purpose on the part the Kellogg government and to Mr. Pinchback. The materiality of the of those conducting the election to throw evet·y possible difficulty in the way of question of the majority related not to the past, but to the present and the colored voters in the matter of registration . · the future ; and therefore it does not weaken my argument at all. A.s A.nd yet there are a maJority of colored. men registered. I said yesterday, the reference should have been to the majority and The pollina places are not fixed b~ law, and at the last election they were pur- minority reports of the House committee of the recent session. posely esta.bfished by those conducting the election at places inconvenient of ac- Mr. MORTON. The substance of the statements I have read from cess in those parishes which were known to be largely republican, so that in some instances voters had w travel over twenty miles to reach the polls. the speech of the Senator from Michigan is that a majority of the people of L ouisiana were opposed to Kellogg as shown by the report A.nd, as was shown in testimony read by the Senator from Wiscon - in 1873, that the McEnery ticket was probably elected, and that to sin to-day, the polling places were only fixed on the day before the force Pinch back upon them as a Senator would be to force him against election, so that it was impossible in many cases f or the people to the will of the majority. Now I want to say to my friend that he know where the election was to be held. wa-s entirely m istaken in regard to the report. The majority of the fr:!eJ!~~~n::~rg:~~:ally conducted in t)uiet, and wa,s, perhaps, unusually free committee never said that a majority of the peopl e of Louisiana were opposed to Kellogg. On, the contrary they said just the reverse. Of course. That ha-s been often referred to. The work h ad b een Mr. CHRISTIANCY. Nor do I say that they did. I say that wa-s done before; th~ reign of tenor ha,d been inaugurated for six years an inadvertence in referring in that connection aud at that point to before th:tt time. Louisiana was tranqUil on t.hat day. It wn.s not the report of 1873 :J,t all, as I had already stated yesterday. necessary to use the pistol and the bowie-k nife a,t the p olls. The work Mr. MORTON. The report of the committee shows that a majority bad been ancomplisbed before that time ; an d therefore t h e very quiet of the people of Louisiana were republicans. The committee ex- produced by terrorism has been quoted a-s a circumst ance in favor of pressly state that if the election had been fair, Kellogg would have that election. been elected and the republican Legislat1ue would have been elected. Governor Warmoth, who was the master-spirit in the whole proceedin"', seems. to The committee recognized the fact that Louisiana was republican, have r elied unon craft rather than violence to carry the State for M;;inery. In and that but for the frauds at the election Kellogg and his colleagues the canvass o£ votes which determined the .McEnery government to be elected the votes of several republican parishes were rejected. would have been elected. Mr. CHRISTIANCY. I arlm:it that the committee so stated, and I Certainly ; I forget now how many the Senator from Wisconsin thought I had twice already explained that the reference to the re- showed had been thrown ont, while on t he other h and they counted port of 1873 in that particular connection at that point wa entirely seven parishes the returns of which were shown to be forgeries out irrelevant and that it wa-s an inadvertence; but the point is equally and out. good with that thrown out. The t estimony shows ~at leadin~ and sagacious politicians of the State, who fr. MORTON. My friend perhaps forgets that in a previous part were acting with Warmoth, entertained the opinion before the election that War. moth's control of the election machinery was equivalent to 20,000 votes; and we of his speech he refers to that government having been set np by the are satisfied by the testimony that this opinion was well founded . Pmsident against the will of the majority of the people of Louisiann,; and now that brings me to the point that I want to discuss for a few Yes, the testimony does show that fact. minutes. We believe that had registration been a{)cessiule to all, and polling places been First, I take it as au established fact by all the report. , the report properly established, theresult of the election would have been entirely different. And although we cannot approve of such a canvass as that made by the Lynch of the W heeler committee, the report of the committee of this body board, who seem to have a{}ted upon the principle of "fighting the d<3vil with fire" both majority and minority, that Louisiana was largely republican and circumventing fraud by fraud and cannot say that Kellogg's government. was · in 1872; that if Kellogg was not elocted it was because of fraud; and elected, nevertheless we believe that Kellogg's government was defeated and the therefore whoever insists upon McEnery's election insists upon a popular voice reversed by the fraudulent manipulation of the election. fraud . My friend from Ver mont in 1 73, two years ago, when we had Under those circumstances and with that report from the commit- this question up- I do not see him here just now- argued that fc- tee, it seems to me that my friends ought to . cast their doubts in Enery must be r ecognized. He was a. .McEnery man then, and I favor of the republican party if they have 110 other evidence at all think I h ad the pleab'UI'e of saying to him at that time that if he in- before them. sisted upon McEnery's election he in isted upon au a,cknowledgec.l Mr. President, I wish to notice one or two oth er t h ings that have fraud. If McEnery wa-s elected, it was because the fraud was suc- been said. My friend from Michigan said that the P residtmt of the ooss:fnl and 20,000 majority had been overcome by the fraudulent nited Stat~s ha.d sot up this government in the first place, then • 88 CONGRESSIONAL RECORD. 1\iARCH lG, recognized his own creation, thereby making it a mere naked usurpa- Mr. DAWES. If the Senator will permit me, I supposed there W'l8 tion on the part of Kellogg and his coadjutors. He put the Presi- a difference sometimes between a governor de facto and a governor . dent entirely in the wrong, with no possible apology or excuse for dejut·e, and that there might be such a thing as recognizing a gov- him; a clear, naked, indefensible usurpat~on from the beginning, first ernor de fact{). I supposed that would be its effect sometime . I set up in fraud and violence and afterward acknowledged by craft. supposetl that was the effect when the Executive recognized a gov- But my friend went on to say, and I thought he took very much of it ernor in Rhode Island. He did not stop to inquire whether ho was back: · governor de jlt1·e or governor de facto. He recognized, for the pur- But looking, aa I think the facts show that he did, upon the government he had poses for which he was authorized by the statute, one of two men s t up as merely ~fu~ry, until Congress should take the matter off his hands, claiming to be governor of that State. He recognized the de facto and doubting, as I · he did, as to the validity of ·the Kellogg governm~nt, he governor, the one who was in fact exercish1g the functions of gov- did what a wise and true-hearted statesman should have done 1mder the cucum- ernor. That is just what the House of Repre entatives did. They sta.nces. recognized Mr. Kellogg a the person discharging the duties incum- He says here that the Pre ident looked, as he thinks, upon the gov- bent upon the office, exercising the functions. of gQvernor, many of ernment he had set up as merely temporary. I should like to know them believed rightfully, many of them believed wrongfully. All of where my friend got that idea. Where has he found the evidence them thought it was better to give him the mornJ. force of a recogni- that the President regarded that government as temporary f tion as governor without stopping to say whether governor de facto Mr. CHRISTIANCY. From th fa{}t he immediately at the first or governor de jure. And to assert that they by saying they found him opportunity called upon Congress to make provision for the ca,se. governor, acting as governor under such circumstances that they Mr. MORTON. He called upon Congress to pass on the question, thought it best to recognize tha,t fact, declared in their judgment but it was not because he regarded the government as temporary. that he was governor d~ jure is in my opinion to pervert the pur- He regarded it as permanent a.nd lawful, and so declared upon every poses and the meaning of the resolution of the House of Representa- occasion; but the ultimate decision rested with Congress and he tives. called upon Congress to decide the question, and Con~ess by biling Mr. MORTON. I think the Senate understand the Senator from to decide the question did indorse and ratify his decisiOn. Massachusetts and myself; and now I will pass from that point with .And now I want to call the attention of the Senate for a moment this s~~-~~robservation: If my memory is not at fault with regard to the action of the House of Representatives. The House of Repre- to the · in Rhode Island his is. Tho President did not recognize sentatives passed a resolution declaring Kellogg to be the governor the governor of Rhode Island as a governor de facto but he recog- of Louisiana. The House say he is governor. He cannot lJe anything nized him as the governor of Rhode Island, and the charter govern- more than governor ; and if he is the governor; he cannot be anything ment was recognized as the government de jure not only by tho Pres- le s than the governor. When the House of Representatives say that ident but by the Supreme Court of the United States, because the Kellogg is and was the governor of Louisiana, they give to him every courts of the State had recognized that as the la.wful government of quality and official function that belongs to that office. It is wholly the State. And now I pass from that decision to the authority of the immaterial whether they say he is the governor de ju1·e or the governor decisions of the supreme court of the Stare. de facto. They say he is governor; that includes everything. When My friend from Michigan dispd'sed of the whole question of the I speak of the President, I do not say he is the President de jure or the authority of the courts by two statements, in both of which he was President de facto; I say he is the President. That means everything mistaken. I have referred to them. The Senator from Ohio under- and carries every implication along with it. When the House said took to dispose of it by an abso}ute denial and intimating that I was that Kellogg was the governor of Louisiana, it gave to him all the rusty in the profession, and I think I succeeded in convincing all who functions that belonged to the office of governor. were present that he was the gentleman who waa slightly rusty, be- Mr. DAWES. Will the Senator observe the distinction between cause his statement was right in the face of the law. Whatwa my the phraseology of that resolution and that in which he suggested statement Y I call the attention of the Senate to it and to the author- the propriety of recognizing him as "the lawful governor 7" The ities, because this is a vital point and one which has not been an- Senator seemed to have some distinction between the phraseology of swered. I said: the House resolution and his own resolution that is lying on the Let me ask this question: whether the Supreme Court of the United States have table. Will the Senator be kind enough to enlighten me on that dis- not decided in many cases that they will follow the decision of the supreme court tinction f of the State upon all questions arising under the constitution and laws of that tate, Mr. MORTON. If Kellogg is the governor of Louisiana, the actual, and not involving any question arising under the laws or Constitution of the U nitetl States~ If the question arises under the laws or Constitution of the United St.'l>tes, veritable governor of that State, it is not material, so far as his acts then the Supreme Court of the United States will not follow the decision of the co1ut are concerned, the validity of his certificate of Pinchback's election, of the State). but will lay down the law for itself; but if it arises entirely under the or his signature to a bill, to inquire as to how he became governor. law of the o:state or the constitution of the State, then the Supreme Court of the If he is the governor, then his certificate must have every effect that United States in all cases follows the decision of the supreme court of the Sta.te. the certificate of any other governor can have. And now when the Senator from Vermont stood up ·here ·for an Mr. DAWES. I did not understand the Senator as discussing that hour to-day and argued that the law creating the returning board in point at the moment I interrupted him, but discussing the phraseol- Louisiana was unconstitutional, it did seem to me that his position ogy of the House resolution as being entirely a resolution recognizing was a strange one-! will· not say ridiculous-when it was right in Kellogg as the lawful governor, and that it was not necessary to say the face of the decision of the supreme court of the State. There that they recognized him as the lawful governor any more than it was a decision made by- the court of Louisiana upon a statute of waa nece sary when we speak of the President to speak of him as the Louisiana, and I think that that lawyer must be a very able and a lawful President. It occurred to me that the Senator had not used very distin~uished lawyer, not living in the State, who will under- any unnecessary words himself; and therefore I should like to have take to demde that the decision of the supreme court of a State upon my point out, if there is any distinction between his own re olution a statute of that State is wrong when he himself is not familiar with and thatpa,ssed by the House; and if there is no distinction, why the the body of the law of th'lt State. Very much depends upon that. Senator was so particular aa to insist upon the fact that we should The Supreme Court of the United States in the case of Luther vs. recQgnize Mr. Kellogg as the lawful sovernor ¥ I am quite willing Borden had decided that question squarely. They had said in so to vote for the Senator's resolution if he will strike out that word many words that upon any question arising upon the constitution "lawful," and if that has no force I think the Senator would not and laws of the State the Supreme Court of the United States would object to accommodating me. follow in all cases and were bound to follow the decision of the State Mr. MORTON. In point of fact and logic it amounts to nothing. courts. If it waa a question arising under the Constitution and laws The word "lawful" was simply put in to emphasize the question that of the United States or a question arising upon the law merchant, a had been in discus ion before the country, and that was all; but body of general law that does not apply to any particular State but when we declare Kellogg to be governor, we make it wholly unimpor- belongs to the whole commercial world1 then the Supreme Court of tant as to the origin of his title. We declare him to be the governor, the United States would not be bound to follow the decision of a by which full effect and consideration are to be given to every act that State court; but ifitiB a question arising upon the constitution of the he performs in the discharge of the duties of his office. State or the laws of the State, then they say in so many words that Mr. DAWES. I know the Senator will excuse me if I interrupt the Supreme Court must follow the decision of the courts of the State. him again. It does not make any particular difference, I know, but Upon such a question the courts of the United States are bound to follow the de- the Senator is insisting upon a. force and effect being given to the cisions of the State tribunals, and must therefore regard the charter government rf'solution adopted by the House of Representatives which I do not as the lawful and established government during the time of this contest. think the House intended to give. The House found a man acting as governor of Louisiana., discharging the functions· of governor of That is the substance of it; and I have a decision in 16 Wallace in which they lay down the same doctrine: Louisiana, under such circumstances that the J;Iouse felt that it was better to recognize that fact than it would be to stop and inquire It is undoubtedly true in general, that this court does follow the decisions of whether he came into that office rightfully or wrongfully; and there- the highest courts of the States respecting loca.l questions peculiar to themselves, or fore the House studiously left out the very word which the Senator respecting the construction of theu own constitutions and laws. from Indiana so studiously inserted in his resolution. The case referred to by the Senator to-day ~as a· case where a Mr. MORTON. I think it is very likely that word was left out to municipal corporation created by the Legislature of Michigan had get votes for it, Lut I am speaking of the legal efl:ect of it, and it is issued bonds that were held by the people of another State and suit impossible for my friend from Massachusetts, with all his ability and was brought in the courts of the United States to enforce payment of acuteness, to show a distinction between the actual and veritable gov- the bonds. There the bonds were held to be vaiicl by the court~ of ernor of Louisiana and the lawful governor of Louisiana. Michigan at the time they were issued, lJut .afterward the supreme 1875. CONGRESSIONAL -RECORD. 89 court of that State decided that the Legislature had no right to au- here with his certificate and walked up to be sworn some Senator thorize that corporation to issue those bonds. The Supreme Court had got up and presented a memorial numerously signed by the peo- of the United States said that that was covered by the constitutional ple of that State stating that a num bcr of the members of the Legis- provision that no State should pa.ss a law impairing the obligation of lature equal to his entire majority had been elected by fraud, that a contract. they had no business there, and prayinO' the Senate to refer his cre- Mr. CHRISTIANCY. The case to which the Senator refers did not dentials to the committee and that he should not take his seat until come up from the supreme court of Michigan. the question had been examined, what would have been his answer f Mr. MORTON. I understood that it did. What would have been the answer of every democratic Senator on Mr. EDMUNDS. 0, no; it was au action by a citizen of another this floor, ay, and of every republican Senator toot The answer State broughli undor the citizen clause. would have been, that although those men may have been elected by Mr. MORTON. I did not meau to say that it came from the su- fraud, his entire majority, without whose votes he would not have preme court of Michigan ; the suit wa.s commenced in the courts of been elected, yet that the Legislature of Connecticut was the exclu- the United States; but the decision relied upon to defeat the claim sive judge upon that subject; we could n.ot inquire into it; and he was made by the supreme court of the State, and the Supreme Court would have been sworn and would have taken his seat. of the United States held that at the timo the bonds were issued that That was the answer in the Goldthwaite case precisely: There the law was held to be constitutional in Michigan, and therefore the su- memorial came up at thP. same time with the credentials, saying that preme court of that State could · not afterward reverse its decision so the majority that Goldthwaite had was fradulent, that the men who as to impair that contract. That decision was made under the Con- gave him that majority had no right to seats in the Legislature of stitution -of the United States. But in the same decision and in all Alabama, and what did we say We said that was a question to be of these cases the Supreme Court say that the decisions of the State determined by the Legislature of Alabama, and we could not inquire comts made upon questions arising on the constitution and laws of into it whether those individual membors had been elected or not. the State and not involving questionB under the Constitution ef the What is good for Alabama is good for Louisiana. If there were mem- United States will be followed in all cases, and that the courts of the bers in the Louisiana Legislature who were not elected, the same rule United Stat-es are bound to follow them. applies to them. Each house was the judge of the election and quali- Now the queBtion whether that returning board was lawful was a fication of its own members. You are trying to apply a law to question arising upon the laws of Louisiana. It was not a general Louisiana that you refused to apply to Connecticut and Alabama. .. question; it was not a question arising under the Constitution of You are trying to apply a law to Louisiana that has never been ap- the United States, and the Supreme Court of the United States would plied to any State in this Union before, and the rejection of Pinch- be bound to follow it and we would in duty be bound to follow it. back involves the trampling under foot of every law by which this A111l so with regard to who constituted the Legislature, the supreme body ha.s been properly organized. · court of Louisiana said the Kellogg legislature is lawful. They had Mr. EATON. The Senator addressed me as the Senator from Corr- a right to pass upon that question. They were called upon to pass necticut. Do I understand him to say that the action of the Senate on that question. They said that Kellogg was governor; they had here would have reference simply to ·my taking my seat f Does. he a right to pass upon that. It was a question depending upon the mean to say that pl"ima facie I present a case, or does he mean to say laws of Louisiana as ·to who haeen resolution should be or should not be received or should be or should ordered. not be considered, left it open to any objection that might be made. The Chief Clerk proceeded to call the roll. I_ have said nothing in regard to my intention in offering the objec- Mr. RANSOM, (when the name of Mr. CAMERON, of Pennsylvania, twn. was called.) On this question I am paired with the Seuator from Mr. THURl\1AN. Mr. President, it seems to me that it is wholly Pennsylvania, [Mr. CAMERON.] If he were here he would vote"ycn,'' immaterial whether the Senator from Delaware objected to the recep- and I should vote "nay." tion of t he resolution or not. If in point of fact the Senate has no :Mr. SAULSBURY, (when the name of Mr. Co£ OVER was calleu.) right to consider this resolution, or, as we would say in a court, has The Senator from Florida [Mr. CONOVER] requested me to say that. no jurisdiction of such a resolution at this session, then the point of he was called ·home by sickness in his family and would not be llere order may be rualle at any time. A\l objection to the jurisdiction of when his name was called. 1875. CONGRESSIONAL RECORD. 95 Mr. RANSOM, (when Mr. MERRIMON's name was called_.) I_am re- The yea>S aud nays were ordered; and being taken, r e ulted-yeas quested by my collen.gue [Mr.. MERRIMO~] to say that _he 1s paued on 22, nays 33 ; as follows : this question and other quest1ons of this chamcter Wlth the Senator YEAS-Messrs. Bayard, Bogy, Caperton, Cockrell, Coope~, Davis, Gordon, Ham- from Mn.ine [Mr. HAMLIN.] If present, my colleaO'ue would vote ilt.on, Johnson of T ennesseeJ Jones of Florida, K elly, Kernan, McCreery, Maxcy, "nay" and the Senn.tor from Maine would vote" yea11 on this motion. Norwood, Randolph, Sauls oury, Stevenson, Thm-man, Wallace, Whyte, and W ithers-2-2. Mr. SARGENT, (when his name was called.) I am pn.i red with the NAYS-Messrs . .Allison . .Anthony, Booth, Boutwell, Bruce, Burnside, Cameron Senator from Maryland, [Mr. DE~TNIS.] of Wisconsin, Conkling, Cragin, Eaton, Edmunds, Ferry of Michig-an, Frelin,!!;huy- Mr. WINDOM, (when his name was called.) I am paired with the sen, Harvey, Hitchcock, Howe, Ingalls, Jones of Nevada, Logan McMill:w, Mitch- Senator from Virginin., [Mr. JoHNSTO~.] He, if present, would vot.e ell, Morrill of Maine, Morrill of Vermont, Morton, Ogle by, Padtlock, Patterson, Robertson, Sdrgent, Sherman, Spencer, West, and '\Vinuom-33 .. "nay" and I should vote "yea." ABSENT-Messrs . .Alcorn, Cameron of Pennsylvania, Christiancy, Clayton, Mr. ALLISON, (when Mr. WRIGHT'S name was call~d.) . On t~is Conover, Dawes, Dennis, Dorsey. Fen'Y of Connecticut, Goldthwaite, Hamlin, question I understand that my colleague [Mr. WRIGHT] IS p a.ued Wlth Johnston of Virginia, McDonald, Merrimon, Ransom, Wrulleigh, andWright-17. the Senator from Mn.rylaml, [Mr. DE~ NIS.] So the motion was not agreed to. Mr. SARGENT. What was the pair just announced f The PRESIDENT pro tempore. The question recurs on the amend- Mr. ALLISON. My colleague with the Senator from Maryland, ment of t.he Senator from Rhode Island. [Mr. DE~'NIS.] Mr. WHYTE. The propo ition to recognize the Kellogg govern- Mr. SARGENT. I am very happy to hear it. ment stood side by side with the resolution to ::tdmit :Mr. Pinchback Mr. BOGY. Mr. DE~NIS paired with Mr. WRIGHT on the treaty to a seat on this floor at the beginning of this extra se sion. The question. latter resolution having been sent over to December next, it seems Mr. CONKLING. Let the pair stand on this. to me that the discussion of this resolution might as well be postponed Mr. BOGY. No, sir, it was on the treaty question. until that time also, and I therefore move as it is a twin brother of Mr. SARGENT. On that only f the other resolution that this subject be postponed until the second Mr. BOGY. On the tren.ty question. Monday in December next. Mr. SARGENT. The Senator's statement is sufficient. The PRESIDENT pro tempm·e. The question is on the motion to The result was announced-yeas 28, nays 24; a.s follows: postpone. · YEAS-Messrs . .Allison, .Anthony, Boutwell, Bruce, Burnside, Cameron of Wis- Mr. WHYTE. I ask for the yeas and nays. consin, Conkling, Cragin, Edmunds, l'erry of Michigan, F!'elingh~yscn, Harveyl The yeas and nays were ordered. Hitchcock, Howe, Ingalls, Jones of Nevada, Logan, McMillan, Mitchell, Mornl Mr. EDMUNDS. I merely wish to say in reply to my friend from of Maine, Morrill of Vermont, Morton, Oglesby, Patterson, Robertson, Sherman, Spencer , and West-28. Maryland, who says that this is a twin of the Pinchback re olution, NAYS-Messrs. Bayard, BolP', Booth, Caperton, Cockrell, Cooper, Davis, Eaton, that I do not so recognize it. I do not think it is even a cousin. Gordon, Hamilton, Jo'hnson ox T ennessee, Jones of Florida, Kelly, Kernan, Mc- The yeas and nays were taken. Creery, Maxey, Norwood, Randolph, Saulsbury, Stevenson, Thurman, Wallace, Whyte, and Withers-24. Mr. RANSOM, (when his name was called.) On this question I am ABSENT-Messrs . .Alcorn, Cameron of Pennsylvania, Chri.stiancy, Clayton , paired with the Senator from Pennsylvania, [Mr. CAMERON.] I woulu Conover, Dawes, Dennis, Dorsey, Ferry of Connectiuut, Goldthwaite, Hainlin, vote "yea" and he would vote "nay" on this motion, if he were pres- Johnston of Virginia, McDonald, Merrimon, Paddock, Ransom, Sargent, Wadleigh, ent. Windom, and Wright-20. Mr. SARGENT, (when his name was called.) I am paired with So the ·motion was agreed to; and the Senate proceeded to the con- the Senator from Maryland, [Mr. DENNIS.] I suppose there is no doubt sideration of the following resolution : how he or I would vote. Resolved, That the Senate ap.J?rove the action heretofore taken by the President Mr. WINDOM, (when his name was called.) I ain paired v;rith the of the United States in protectmg Louisiana from domestic violence, and are of Senator from Virginia, [Mr. JoHNSTON, ] and I want to say that on opinion that he should continue to recognize in that State the existing State gov- the last motion of the Senator from Ohio, to go into executive session, ernment. I voted by mistake, having forgotten for the time that I was paired. Mr. ANTHONY. I move to amend the re olution by striking out The result was announced-yeas 24, nays 30; as follows : all after the word "resolved" and substituting the following: That t.he action of the President in protecting the government in Louisiana, of YEAS-Messrs. Bayard, Boey, Booth, Caperton, Cockrell, Cooper, Davis, Eaton, which William P. Kellogg is the executive, and the people of that State against Gordon, Hamilton, Johnson of Tennessee, Jones of Florida, Kelly Kernan, Mc- S repeatedly So the motion was not agreed to. called our attention to this grave matter, it would not be decorous The PRESIDENT pro tempore. The question recurs on the sub ti- for us to separate without giving him the benefit of our judgment tnte offered by the Senator from Rhode Island. upon it, and so far as that may do so to relieve him from a responsi- Mr. BAYARD. I should like to know whether the order to print bility which ought not to have been imposed npon him but which this resolution has been made and whether it has been sent to the properly belongs to Congre s. If our friends on the other side are printer. ready to vote, there will be no difficulty in disposing of this resolu- Mr. CONKLING. We do not hear the Senator on this side. tion, whichever way it may be disposed of, and adjourning, I think The PRESIDENT pro ternpm·e. Senators standing in the l'ear of to-day. I do not know of any executive business that will be likely 'the sen.ts will please take seats or retire from the lobby. There is to detain us here. If not, if they desire to discuss the question, it is too much conversation in the Chamber. their undoubted right to do so, and we shall listen to them with a Mr. BAYARD. My object in asking whether the order had been great den.l of pleasure. made to print this resolution was that tho e who may have the op- Mr. THURMAN. I do not rise to discuss this matter at all, but I portunity of debating it hereafter should have it in print and be bet- want time to study this new phase of the question. Although the ter informed than I can be; for I cannot regard with respect or ap- Senator from Rhode Island says that it has been discussed on that proval, and I must consider it as destructive of · the spirit of our con- side sufficiently, yet I imagine the discussion has ta.k en place in a stitutional form of government, that it has pleased the majority, in chamber to which the democratic Senators were not admitted, and we this as in other ca-ses, to consider gr:1.ve public questions in the secret have not had the benefit of hearing that discussion. When we shall councils of party alone and then suddenly to promulgate them by be invited into the secret recesses of that chamber and allowed to party order and call upon their associates in this Chamber instantly hear what is there said, we shall be prepared to answer, undoubt- to act upon them before they ca.n be known, before they can be fully edly · but we do not ask any such admission, nor do we suppose it comprehended or that proper preparation made for their deliberate would be accorded if we did. I want time to look at this matter. It consideration which every man in this Chamber owes to a question is obvious now that this session is to go over until next week. We before he casts his representative vote upon it. It was for that rea- hn.ve plenty of business for executive session; and I move that the son thn.t I asked the question of the Chair in order that others may enn.te proceed to the consideration of executive business. hn.ve a.n advn.ntage which has been denied to me. Mr. BAYARD. And let the resolution be printed. The PRESIDENT 1n·o tempm·e. The Chair would observe, in reply Mr. THURMAN. And let this resolution be printed. to the Senator's question1 that a copy of the resolution has been sent Mr. ANTHONY. I hope we shall not go into executive session. I to the printing office under the order of the Senn.te. uope we shall remain here and decide this question. Mr. BAYARD. I understood the order to have been made and I The PRESIDING OFFICER. The Senator from Ohio moves thn.t merely wished to be sure of it, for the reason I have stated. t he Sem1.te proceed to the consideration of executive business. Is :Mr. President, my experience of public life commenced in this body there objection to printin~ the substitute a.s asked by the Senator six years a~o, and is limited to what has occurred here during that from Delaware' The Chau hea.rs none. The question is on the mo- short period; but I have seen in public prints the statement that tion that the Senate proceed to the consideration of executive busi- "caucus legislation" originated with the democratic party while it ness. was in power in the two Houses of Con~ress. My tlisapproval of it Mr. THURMAN. I ask for the yeas and nays. was so great, that once in speaking of w.nat I believed to be its dan- CONGRESSIONAL RECORD . MARCH 20, ... ,;» '·· .. gerori.s res'ults in the presence of the gentleman who preceded me in and maintain by military force a State government. If it c·an be the seat I occupy in this Chamber, who was my father, and who had done in one State it can be done in all, and there is no safety except to been a member of the Senate for nearly three full terms, broken only resist such claims whenever and wherever attempted to be set up. by an interval of two years when he resigned his seat and was reap- On the 8th of January I submitted to the Senate some remarks on pointed and re-elected. the subject of the dispersion of the Louisiana Legislature by the I asked him whether, to his knowledge and during his service in military forces of the United States, acting of course if not under the the Senate and in the democratic party, of which he was always a direct order yet with the sanction, and as it has turned out since member, such had been their custom and practice, and he told me with the full approval, of the President of the United States. I then that upon a motion being made to vote upon proposed legislation in quoted from a message of the President of the United States in 1844 the party caucus he introduced himself a resolution that such action in regard to the affairs in Rhode Island, and as it so apt, I shall read should not be in any degree binding upon the members and that it it now: was carried by a vote of more than two to one. I state this as part I resist- of the truth of history. That was at a time when the democratic party had a majority in both Houses of Congress. I only can say for my- Said the then President- self that should the time come, which I hope and believe will come the idea. that it falls within the execntive competency to decide in controversies of and come soon, when in this Chamber there will be a majority of the natnre of that which existed in Rhode Island, on which side is the majority of the people, or as to the extent of the rights of a. mere numerical majority. For the Senators ha·ving political affiliations with me, the same decision shall Executive to assume such a. power would be to assume a power of the most dan- be made in their caucus, should they call one in regard to the trans- gerous character. Under such assumptions the States of this Union would have action of public business, and that the country will never witness no security for peace or tranquillity, but might be converted into the mer instru- the scenes of the last ten years of the preparation of public measures ments of executive will. Actuated by selfish purposes, he might become the great agitator, fomenting assaults upon the State constitutions, and declaring the in party caucus and their ena-ctment into law without public expla- m3t!ority of to-day to be the minority of to-morrow; and the minority, in its turn, nation or debate, which is a defeat of the spirit if not of the letter of the maJority, before whose decrees the established order of things in the State our Government. should be ·subverted. Revolution, civil commotion, and bloodshed would be the inevitable consequences. The provision in the Constitution intended for the se- I stated as an objection to the consideration of this measure at this curity of the States would thus be turned into the instrument of their destruction. session that it was not within the purview of the objects for which The President would become in fact the great cons!itution-maker for the States, the Senate was assembled by the call of the President. He called it and all power would be vested in his hands.-HouseJournal, Pirst Session Twenty- for executive business. He did not convene the other House, as the eighth Oongrei!B, pages 765, 766. Constitution authorizes, for by its terms he can convene both Houses And if the action of the President, to use the language of this res- o1· either. When he called the Senate, it was to consider those olutionL' in protecting the government in Louisiana of which Will- measures competent for the Senate sitting as a single and sepa- iam P. Kellogg is executive" is to be approved by tbe Amm·ican peo- . rate body to render effective. The Senate at its la~t special ses- ple, then indeed he will become the great authorized interferer and sion and at the present session deliberately recorded their judgment agitator in the affairs of the States and constitution-maker for all the that to such objects alone was their attention and action to be re- States. I stand forever in opposition to such doctrine while this form stricted, but to-day they have under caucus dictation changed their of government shall last. I do not believe it -can last very long if opinion, and what was wrong a week ago is right to-day. What is these pretensions of the Executive are not to be checked and disal- the object of this change f It is the indorsement of the action of the lowed. The resolution now before us can give no · authority; it is executive department of the Government in relation to the State of anomalous and unprecedented; it is but the opinion of so many indi- Louisiana in protecting the government of which William P. Kellogg viduals who happen to be members of the Senate and I do not think is the executive and the people of that State against alleged domestic anybody who has watched the course of legislation or discussion here violence and enforcing the laws of the United States in that State. would doubt much what their opinion would be in relation to any- Let us get rid of the least objectionable portions of this resolution. thing that it pleased the present President of the United States to do Is it thought necessary to indorse the action of the President in the in rel::ttion to any portion of the country in which their homes and enforcement of the laws of the United States in Louisiana or else- individual happiness were not involved. where T Is not that simply his duty in accordance with his official On the 13th of January, 1875, the President sent in to the Senate, o::tth 'I' Is not that a duty which he has been executing, or professing in compliance with a resolut ion passed on the 8th of January, infor- to execute, for the last six years, and if it has been performed, why mation in relation to the alleged interference in the organization of this unusual and unprecedented th::tnks to him for that for which no the General Assembly of the State of Louisiana. At that time the President before wa~ ever thanked' I think these words are thi·own President had in his possession, as appears from his subsequent com- in to make palatable to certain stomachs on the other side this pill of munications, other and important information respecting the condi- illegality, to sugar-coat with this empty indorsement of official action T tion of affairs in that State, transmitted to the Secretary of War by The events in the State of Louisiana of the last four years have General Emory, which is found in Executive DocumentNo. 17, and been such that if they shall be accepted and approved by the Amer- by a comparison of the dates it is shown that information from the ican people it will be a virtual cession of their form of ~overnment. most respectable and what should have been the most authoritative All that has been done by the President and his allies m Louisiana source was withheld by the President fi·om the Senate until a subse- has been nothing but mingled force and fraud without any justifica- quent resolution .adopted on the 11th of Jannary brought it into this tion of morals, of law, of justice, or of right. When this question is body. I refer especially to the communication to the War Depart- argued upon the mere technicalities of law, without re~ard to its sub- ment made by Colonel Morrow, of the Thirteenth Infantry, on the 24th stantial facts, its chief force is given up. The LoUlSiana case has ofDecem.ber la~t. The President saw fit to incorporate in his messa~e been a bald, monstrous, n::tked fraud from beginning to end. No man information from one Major Lewis Merrill which was not earlier m who has made law his study and pursued it with an honest faith can date; but, on the contrary, was later in date than the information he take up this beloved and revered Constitution of our country and had from Colonel Morrow. Colonel Morrow is certified to us by General apply those sacred principles, those clear definitions, to such a case as Emory to be, to use his own language, an officer'' who has heretofore Louisiana has presented, without appreciating what a mockery it is been intrusted by the Government with important and delicate com- of anything heretofore known to American history or American laws. mands, and was by reason of his experience and the high confidence There is no law on the side of Kellogg; no pretense of law. There reposed in him sent to make an inspection of the state of affairs in is not a committee of the two Houses of Congress, composed as they Northwestern Louisiana," and who is indorsed by William T. Sher- have been of a majority of republican Senators or Representatives, man, the General of the Army, in forwa.rding his report in Jan nary which has not denounced the very foundation-stone upon which the for the personal perusal of the President; and, mark, this letter is Kellog~. government-rests as utterly devoid of any pretense of justice dated at Saint Louis the 4th day of Jannary. We know that the mails or lagauty. . bring letters from Saint Louis here in forty hours. Therefore on the On the part of the President in relation to th::tt State there has 13th of January, when the President sent in thismessage of his to the been a claim and exercise of power which the people of this country Senate, he had William T. Sherman's indorsement and the full report cannot concede with safety to themselves. They cannot admit it of Morrow in his hands, and I desire to know why it is, when he is with safety to their form of government. If they do they are admit- complying with a call of the Senate for information regarding the ting a precedent which will prove fatal to their liberties . . If what condition of Louisiana, that he withholds the report of Morrow and we have witnessed in Louisiana can be done and be approved, how sends in the report of Merrill, who was Morrow's subordinate, Mer- can objection be urged when like measures are proposed, for the other rill's report being subsequent in date to Morrow's and Morrow's being thirty-six States Y No, sir, I will not admit such a wrong. . in his hands at that time, for not only was it forwarded to him on The Senator from Michigan [Mr. CHRISTIANCY] the other day with the 4th of January and therefore in his hands on the 6th of January unerring logic reduced the position of the champions of the Executive and thereby kept by him one week before he referred it to Congress, for the power that he has exercised in that State to an absurdity. but it was accompanied with these expressions: They claimed there wa~ a government de facto, and he showed HEADQUARTEUS OF THR ARMY, what that meant in this case: A government created by the President Saint Louis, Missouri, January 4, 1875. is to be his justification for all that follows from it. When you talk This paper is most respectfully forwarded to the Secre~ary of War, with a re· of his recognizing Kellogg you mean only that the President recog- quest that he submit it for the personal p erusal of the Pres11lent. I know of no officer of Colonel Morrow's rank who is better qualified to speak and write of mnt- nizes the President. He bows to the shadow of his own unlawful ters like this, and his opinions are entitled to great consideration. power, that is all. It is his own voice that echoes back his mandates and I ~rofess to have some knowledge o.f the people of that section, both white and none other is heard. If a~overnment "de facto" be there it has been black, from a long residence among them before the war and several visits since set up by him alone, and m order to know whether this ha.a been the but I shall not mtrude my opinion in the confusion in which the subject is now enveloped. exercise of a just power you must discover whether there is any law- W. T. SHERMAN, ful 1;1>11thority vested in tbe President of the United Sta.tcs to creato General. 1875. CONGRESSIONAL RECORD. 97 Here we have a message from the President on the 13th of Jan- and show that no committee of either House of Con(J'ress charcred uary, and this important communication on the very subject in with the investigation of these matters has failed to "'denounce the question, from a trusted officer of the Army, withheld from the Sen- action of Durell in all its Rtages aa an unwarrantable interference by ate until produced, as it seems to me, unwillingly by a subsequent the Federal judiciary with the election of State officers. re olution of inquiry by the Senate. In this message the President "But," says the P1·esident, ''it is to be remembered" in opposition of the United States proceeds to give his justification for the arre ·t of to this universal denunciation- five members of the Louisiana. Legislature, the destruction of its But it is to be remembered t.hat by the fifteenth amemlment to the Constitution organization, the forcible interference with the orderly proceedings of the Ullited States the political equality of colored citizens is secured, and un· of tl.Jat body by the United States military forces, for whose action, der the second section of that amendment, providing that Congress shall have either by confirmation or precedent order, he is certainly responsible. power to enforce ita provisions by appropriate legisb.tion, an act was pa sed on the 3~st of May, 1870, and amended in 18?1: the object of which was to prevent the de· There is a maxim, well known to laymen and lawyers, that every rati- mal !->: abndgm~nt of suffr~.ge to mtl.Zens, on account of race, color, or previous fication by a principal is equivalent to an original command; and condition of semtude; and 1t has been helU by all the Federal judges before whom when the facts are made known to the responsible party and he t.he question has ru:i.sen, including Justice Strong of the Supreme Court~ thJ,t tho affirms and approves them, he is to be held legally responsible for the other protection afforded by this amendment and these ads extends to State as well n.s elections. acts and their consequences. And here I submit a comment for the especial consideration of the Senate and the country. This is the It is a matter of small importance perhaps to say that the Presi- 20th day of March, 1875. The fa-ct.s of the Louisiana case are now dent is certainly in error in saying that there bas been a uniformity thoroughly known to the country. Gentlemen on this side of the of decision to that effect; on the . contrary, cases are to-day in the Chamber, and I among them, were complained of in January la-st for Supreme Court of the United States upon appeal from the d.ecisions of speaking too hastily of the action of the President. We cannot be judges of the Supreme Court of the Unitecl States sitting in the cir- so blamed now; and looking over this whole field of action, I ask any cuit courts and of circuit judges affirming the contrary of the doc- one to point out the first rebuke, direct or indirect, which has been trine which the President here declares to have been universally held administered to any official connected with the Louisiana affair for by the courts; and I may say as to the case before 1\Ir. Justice Strong any of the many admitted wrongs and illegalities connected with the to which he refers, I myself was of counsel in that case and I have transactions in that State' Where has been the intruding official here the record of his opinion and have looked through it in vain to who has been removed 'f What lawless soldier has been reprimanded 'f find such a dictum as is alleged by the President. Where has been any intimation that anything that has occurred there Section 15 of said act, after numerous provisions therein to prevent an evasion was distasteful or unpleasant to the President or had been in trans- of the fifteenth amendment, provides that the jurisdiction of the circuit comt of the United States shall extend to all cases in la.w or equit{ arising under the pro- gression of his orders and desires! So far from that, there ha~ been visions of said act and of the act amendatory thereof. Congress seelllB to have warm and rapturous approval, of propositions that ought to shock, contemplated equitable as well as legal proceedings to prevent the denial of suf. that have shocked, that will hereafter shock the very soul of the frage to colored citizens; and it may be safely asserted thRt if Kellogg's bill in the American people, by proposing to withdraw from them all the safe- above.Jiam.ed caae did not present a case for the equitable interposition of the guards of persona.! liberty and to turn citizens and civilians ov~r to court, that no such case can arise under the act. the ·tender mercies, the short shrift and ready cord of the p1·ovost Here is an argument in favor of Durell's jurisdiction in the premises, marshal acting under the orders of Lieutenant-General Sheridan. and alleged justification of his midnight order. But, sir, the President of the United States deliberately by a writ- While the juriscliction of the court in the case of Kelloggvs. Warmoth and others ten message has given his reasons why the State-house of Louisiana is clear to my mind- . was O'arrisoned with Federal troops and five members of her Legisla- It is" clear to his mind" that the court · had jnrisdiction of that ture by military force thrust from their seats in her legislative hall ca e and proceeded properly; and it is that which the Senate is 'where they were under what should have been the protection of the called upon to indorse to-day. Here in January, 1875, he still declares, constitution and laws of their State, of which shelter they were de- in the face of all the reports of the committees, in the face of what prived by usurping power which we are called upon this day to ap- may be stated as almost the common consent of the entire bar of the prove. It is not so important what this Senate may say; but I know United States and the sentiment of the people-he still declares that the people of this country will say that they love their form of gov- it is still clear to his mind that there was lawful jurisdiction of the ernment too well to be blinded by the glare and glitter of a military district court of the United States in the case of Kellogg vs. Warmoth reputation that would govern them by force instead of law and by and that its action was right- · bayonets instead of ballots. . it seems that some of the orders made by the judge in that and the kindred case Hut on the second page of the President's message of the 13th of of Antoine were illegal. But while they are so held and considered, it is not to be January he proceeds to justify his a-ction ab o1~igine in Kellogg's case forgotten that the mandates of his court had been contemptuousiy defied, and they under the advice, I suppose, of that distinguished luminary of his and were made while wild scenes of anarchy were sweeping away all restraint of law order. profession the Attorney-General of the United States; to justify the action of the district-judge of the United States in Louisiana in the. Sir, there was no wild anarchy in that State equal to Durell's own month of December, 1872, in the case of Kellogg vs. Warmoth and action. He was the " wild anarch" in that State, and there was no Antoine vs. Warmoth. He argues it, or in what he is pleased to con- cop.tempt of law equal to the action of the Attorney-General and the sider argument he recites that decision with evident approval, savored President when they sustained in advance and subsequently to this by some slight expressions of doubt. He declares that- day his ille(J'al and infamous ord~rs. If you wish to denounce an- archists, look to those who set on foot such a lawless overthrow of Preparatory to the election of 1872 a shameful and undisguised conspira{ly was the constitution and laws of the State as was done in Louisiana in formed to carry that election ag-ain t the republicans without regard to law or right, and to that end the most glarmg frauds and forgeries were committed in the re. 1812. tw"llil after m:mycolored citizens had been denied registration, and others deterred Doubtless the judge of thl.S court made grave mistakes; but the law allows the. by fear from casting their ballotls. . r.bancellor great latitude, not only in punishin~ thosu who contemn his orders and When the time came for a final canvass of the votes, in view of the foregoing injunctions, but in preventing the consummation of the wrong which he has judi- facts, William P. Kellogg, the republican candiate for governor, brought suit upon cially forbidden. the equity side of the United States circuit court for Louisiana, and against War· Sir, if in the execution of J udga Durell's orders one human life had moth and others, who had obtained possession of the returns of the election- been lost, and there was law in this land capable of just enforcement, Let me pause here for a moment. "WhO' ha-d obtained possession Judge Durell and those who aided and abetted him would have paid of the returns of the election!" Why, sir, W !LITflOth was by the laws forfeit for that innocent blood with their own lives. There is no such of that State ex officio the head of the board of canvass- latitude given to a chancellor that he· shall upset a State by mistake, representing that several thousancl voters of the State had been deprived of the that he shall take men's lives in error, sir; and those who ure his in- elective franchise on account of their color, and praying that steps might be taken struments proceed at the peril of the law, and if they take innocent to have said votes counted, and for general relict. life without law, the law will adjudge them to be murderers and exe- · The message goes on to cite the orders of the court restraining the cute upon them the penalties du~ to such crimes. board of canvass from tabulating and proclaiming the returns. Not Whatever may be said or ~bought of those matters, it was only made known to one word is said in this message that Durell went further and ordered me that process of the United States court was resisteu; and as said act especiall:£ provides for the use of the Army and Navy, when necessa.rv, to enforce juilicial the seizure of the Sta.t e-house by the United States marshal, Packard, process arising thereunder, I considered it my duty ;o see that such process was and that he was ba-cked up in that by the precedent orders of the executed according to the judgment.of the court. Attorney-General of the United States for troops to execute whatever There had been no resistance ; the order for military aid was made in decrees and mandates he might make in the premises. That fact is advance of any call forit or occasion for it. No process of the United not stated in the message. But the President complains that- States courts has even to this day been resisted in Louisiana. These proceedings have been widely denounced as an unwarrantable interfer. But, sir, the President did a great deal more. He and his Attorney- ence by the Federal judiciary with the election of State officers. · General did not wait for the demand of aid from the court. They Yes, Mr. President, that is a very mild designation of what has gave it before it was asked. On the 3d day of December, 1872, we • been said. I propose to recite the language of every committee of have the :Attorney-General, rushing in hot and illegal ha.stl6 to hurry either House that has reported upon this snbject. Let us examine up his troops before the ortler of Durell was made, addressing "S. B. :first the report of the committee of this body who made a full inves- Packard, United States marshal, New Orleans," thus: tigation into the affairs of Louisiana in 1873; next the report of the You are · to enforce the decrees and mandates of the United States courts, n~ committee of the House upon the proposed impeachment of Judge matter by whom resisted, and General Emory will furnish you with all necessary Durell; next the report of the Committee on Elections in the case of troops for tha.t purpose. Sheridan vs. Pinchba-ck, when Pinchba-ck was applying in 1873 for Sir, no demand had been ma-de upon him for this force, but he ex- admission to the other House of Congress-take all these reports hibits this prompt disposition to overthrow the State aml to accom- IV-7 98 CONGRESSIONAL RECORD. MARCH 20, plish what I have always believed to be a deliberate conspiracy. As the proposed amendment affected no one but the governor, it wa.~ well uu. 'fhe President says: derstood it o;-iginated in his inter&!t as a c:mdidate for a second term. On the 9t h day of Augu..'lt, 1870, a r epublican State convention, for the nominatwn of a til,kc t Resulting from these proceedings, through various contro ersies and complica.- and the appointment of a State central committee, assembled at the State-hou e tious- iu New Orlean!!. The proceedings of this convention disclosed the first factional A very mild name to give them- division of the party. Governor Warmoth and Lieutenant-Governor Dunn were delegates in the convention, and each was nominated to pre icle over it·. Dunn a State administration was organized with :William . P. Kellogg as goye~or, was successful. A civil-righ ts bill had been passed at the elose of the preceding which, in the discha~~e of my duty under section 4, article 4, of the Constitution, ses ion of the ;Le¢.slature, and was still pending in the hands of the go'\'ernor. A I have recognized as tne government of the State. r esolution cenauring the governor for not Eignina this bill was introduced, but Here the Senate and the country have tp.e deliberate a-dmission of after discussion was not pres ed. The State central committee was to coBSist of the President that he justifies his action in Louishma as a result of fifteen members, ten to be appointed by the convention and five bv the chair. Wh<-n the committee was finally organized, it was discovered that the five appoint-ed by Durell's proceedi11gs. . . . . the chair were opposed to tne proposed amendment to the constitution, which "Through various con.trovertties and complwatums a State admllliBtra- secured in opposition to it a majority of the wholo committee. The governor, sus- tion" has been thus created, "with William P. Kellogg as governor," was pecting that tho r egular committee was against the amendment, organized what known as an auxiliary committ-ee, .J?rinted tickets in favor of the amendment, and upon this it is that he stands or he falls for justification before which the r egular coDlDlltteo had onntted to do, aud in con.junction with them the American people. Can he stand upon it 7 1:9 ~he Senate. n?w began a canvass of the State. The republicans carried the State by a larl?e mA· ready to indorse his acts t I do not doubt the maJonty here willm- jonty, and the amendment was also carried, but by a less majority. The division dorse his action, for such is the decree of their party caucus. of the party, thus originating in personal ambition, has continued to increase until nearly all its prominent members have been forced to be eL'lssed with one side or But if an admission more fa.tal to our system of government can the other. be imagined, I am at·a loss to conceive it. Now, sir, let us go. b~k to the spring of 1872 to. un~erstan.d. the The country will see what was the origin of Warmoth's quarrel origin of these conspuaCles to turn the forms of election m LoiDSiana with the republican party and how for his personal ambition and the in the fall of 1872 into such a fraud that the virtuous souls of the desire to insist on a second term of office he was willing to rend them Administration revolted at it, and they determined that they would in fragments. crush it at the expense of all constitutions or laws. The new Legislature assembled on the first Monda.:y in January, 1871. In the In 1872 the country was made aware of a most scandalous condi- house the Warmoth wing of the party was found to be m the ascenclant. tion of -things existing in Louisiana by which United States troops There were quarrels, here set forth at considerable length, between were used to control the repo blican conventions of that State. It was the Dunn faction backed by Mr. Packard, the marshal, and Ca-sey the not then a question between the conservatives or democrats and the collector, and Warmoth. Warmoth had control of the State; but Administrw.ion, but it was a war confined to the Administration camp Casey, Packard, and company had control of the United States forces. itself. In the course of this controversy, the present collector of cus- One could appoint deputy United States marshals, but the other toms at New Orleans took on board a revenue cutter called the Wil- could appoint State marshals and municipal police. derness, commanded by Captain Frank Barr, such a number of the Another republican State convention was called to meet in New Orleans on the State senators of Louisiana aa to reduce the number who were left on 9th day of August, 1871. There was no State ticket to be nominated, and this con- shore to less than a quorum, and so to frustrate any action of the body. vention would have no duties to perform except to appoint a State central commit- United States troops were called in and stacked arnis in t.he court- tee; yet it created great excitement in the party, and each wing of it made extraor- house of the United States and in the custom-house. The intimida- dinary effort-s to secure a. majority of the delegates. The convention was t() con- sist of one hnn(lred and eighteen delegates, but so fierce was the contest between tion which was subsequently extended to the conservative citizens the two factions that the credentials of not more than forty of this number were was then used against iihe republican opponents of Mr. Packard, the undisputed. marshal, and Mr. Casey, the collector. The House of Representa- Mr. Packa,rd was the chairman of the State executive committee of tives sent down a committee, whose report I hold in my hand, (House the republican party of Louisiana and the United States marshal, Report No. 92 of the Forty-second Congress, second sesson,) and from and knowing that Warmoth had local authority that would enable him the majority report, made by republica:ns, I take the facts which I to overrule him in this convention, he (Packard) "determined to hold will lay before the Senate, because I Wish the Senate and the coun- it in the United States court-room, which is in the custom-house. He try to know the history of this Warmoth-Pinchba-ck-Kellogg-:Qurell- was the marshal, and as such had the control of the room He ap- Grant-'Villiams imbroglio from beginning to end. This report was pointed about forty deputy marshals to assist in keeping order. The ma-de on the 30th of May, 1872, by Mr. Scofield, from the Select Com- city waa rife with reports of anticipated violence. It was reported mittee to Investigate the Condition of Affairs in Louisiana: to Mr. Packard that the police, under the control of Governor War- 'l'he present State constitution, originating under the reconstruction laws of Con- moth, would be there in force and that violence might be expected." gress, wa~ accepted by t-he people in April, 18~. At the same election H. C. War- moth was chosen governor, and Oscar J. Dunn lieu.tenant-~overnor. Th~members Now, :Mr. President, see how easy it is when there is a will to find of the Lerrislature were also elected at the same time. The governor, lieut.enant- a way. Ml·. Packard caused this to be reported to him. He caused governor,"'aud one-half the senators were to hold their offices until after th_e <-lec· these apprehensions of violence to have their proper weight on his tion in 1872 · the members of the house and the other half of the senators until after mind. He cunningly devised the scheme that this convention, al- the election' in 1870. These gentlemen immediately entered up!>n the di!!charge of their duties. together composed of members of the republican party-no word then of this terrific White League, no word then of these hateful and Oscar J. Dunn was a colored man, and I have always found he wa-s usurping conliervatives as they are called, nothing but republicans, spoken of aa an honest man, wh~ did his duties according to his b~~t pure, simple, and unadulterated, as we know them to be-were to be lights, and that he waa a true fnend of the colored people of Lomst- a-dmitted to this convention. But he intended to control them, and ana whatever he was to the whites. But Warmoth and Dunn were he did. He demanded and received from the commanding general a both republicans, elected at the same time, for the same term, uplftl detachment of United States troops. The committee say: the same ticket. Thus Warmoth came to be ~overnor of Louisiana. The committee then proceed to refer to the election laws and to the On the morning of the convention one hundred soldiers, under the command of machinery by which vast and undue powers were improperly bestowed Captain Smith, appeared and stacked their muskets and took position in the long hall up stairs leading t.o the court-room. Tickets of admission for all the Warmotii upon the governor which gave him virtually the control of the officers delegates, claimants and contestants, were obtained at the window of tho post-office. both of registration and of election throughout the entire State. The convention was called to meet at twelve m. Between ten and eleven Gov· They say that- ernor Warmoth, who was himself a dele~ate, and his whole party, were admitted to the hall of the building, where the soldiers were stationed, but were told by the The experience in the presiden tialelection of 1868 se-emed t() demand some proper door-keeper that they could not enter the court-room until twelve o'clook. There le!!islation for the bet.ter protection of the colored voters and the more perfect free. was another smaller court-room by the sideoftheone in which the convention was dom of elections. The committee do not feel called upon- to be held, with two doors leading from one room to the other. The accidental This is a republican committee- opening of the door of this smaller room disclosed the fact that the delegates of the opposing faction had already assembled there and were holding a private caucus. either to indorse or condemn this legislation. It is proper however, to note that From this fact the delegates outstde- at the time of its passage it was not only concurred in but demanded by the whole republic:m party, and that all tile republican leaders who now deman!l its repeal The Warmoth delegates- were the advisers or actors in its enactment. suspected that it was the intention to slip their opponents through the inside doors Therefore if the power to cheat at elections was given, if undue before the outside doors should be opened, and in this way they would be deprived powers of any kind were pla-ced in the hands of the governor of that of a fair participation in the preliminary organization. State by this legislation, it was "not only concurred in but demanded The result was that the Warmoth delegates, seeing that they were by the republican party," who alone therefore are respon8ible for the about to be sold out by this trick, left the building and proceeded to evils that may have flown from it. hold their convention in another place, leaving the Dunn delegates Warmoth found himself in the chair of state in Louisiana with all to hold their convention in the court-room. In other words, Mr. _these powers vested in him by the action of a republican Legislature. Warmoth retired in the face of the Unit-ed States soldiers just as the But it seems that the constitution of that State rendered the governor conservative Legislature retired in the face of the same military au- in.e ligible for re-election, and MI·. Warmoth had that same desire for thority two years later. In the one case 1\Ir. Pa-ckard directed the a second term of office which I am disposed to believe we witness iri a troops against men of his own party ; in t.J~e other case they were • ~g~~r· ~n~t~o~!u.'Y for a third term of office. The same r~stless am- directed through the same agency against members of a State Legis- bttion that prpmpt_e~ Mr. Warmoth to destroy the repubhcan party lature dul:v convened and who had been duly elected. In eit.hercase pf ~oujsi~:,t. f~r tb_ e ·PJll'I,lOSe of having himself made re-eligible to it was a lawless invasion of the rights of ci'tizens, but in the second t4e gnljeriiatopal 't}b:air · pf that State, it strike8 me we see strong ·case, on January 4, 1875, not only were the rights of those fifty-five (!ymptoniS 'of at the prese4t tpii~ m·other quart.ers. He proposed an men who were disturbed by the· military of the United States in- ~mendnient t-o the constitiitiOQ. of ih~t'1 ' sta~ 1 whereby hisre-eligibility vaded, but throu~h them the civil liberty of that entire State was Should be secured. · .T ·· · • ' stricken down ana. through them fhe civil liber ~y of every Legisla- 1875. CONGRESSIONAL RECORD. 99 ture in the United States is threatened ; and that is what we are J. B. LEWIS } asked to-day by the republican caucus to approve. vs. No. 3258. W. VAN NORDEN. To go a little further into this history,_ on the 25th day of Nov,e~­ To tM honorable the judge of tk sictlh district courtfor the parish of (}rleans: ber 1871 Lieutenant-Governor Dunn (lied. That left a vam~ t~ y~ur. peti· either house separately. The language of the constitu~ion is that contents, tioner · that said 'box and cout,ent.s are now Within the terr1tonal Junsdiction of "he ma.y convene the General Assembly." But that hedtdnot want. this co'urt, anfl petitioner fears that said Van Norden may send sa.iu box and said He had aroused against him a strong and fa.ctious feeling, and he pro- contents out of the jurisdiction of this court during the pendency of this suit; that an order and writ of sequestration for said box and said contenUJ ha&aJready been posed to secm·e the control of the senate before he trusted himself to obtained by petitioner on complying with the requisites of_ the law. . the impeaching power of the hon.se. Therefore Mr. Warmoth called Petitioner therefore prays that sa1d W. Van Norden be mted to answer th1s peti- the State senate of Louisiana together to meet on the 6th day of De- tion and after due proce6dinas had, that he be condenmed to surrender and de- cember, 1871. That senate consisted of thirty-six members; two were live~ to petitioner the said till cash-box and its contents in moaAy and publio securities amounting to $35,000, or, in default thereof, that he be condemned to pa~ dead. Thirty-four appeared and participated in the election. Mr. petitiol).t'r' $35,000, with legal interest from jndic~l deman_d and cost of suit, an11. Pinch back, of the Warmoth faction, was elected by a vote of 18 that the order heretofore granted for a sequestration of sa1d box and contenUJ be aernment of the State. .Tudge Durell interposed the Lieutenant-Gover-nor, Acting Govenwr of .Louisiana. Army of the United States between the people of Louisian. and the only govern- ment whlch has the ~em blanco of r·egulal'lty, and the result of this has been to estab- The law does not care for the fractions of a day, and it seems that lish the Kellogg go,ernment, so far as that Stat~ now has any government. For there were in this day not even fractions. The whole affair was· sim- the United States to interfere in a State election, and by the employment of troops ultaneollil. Pinchbaok was lieutenant-governor one moment and set up a governor and Legi lature without a shadow of right, and then to refuse redress of. the wrong, upon the ground that to grant relief would be interfering with "acting governor" the next; and here, with all this _a s Government in relation to this business. made by the De Feriet board and promul ua.ted by the governor declaring McEnt>.ry Said Judge Trumbull: to ha"\"e.IJeen lectcd governor, &.c., and a'l;o declaring who had been elected to the This pretended Legislature, made up of per!ack in his pL.1.ce. All this was done on the same And the committee continue to speak of the government of Kel- day and within a few hours, and that, too, in disreganl of a. statute of the State, which, as stated to the committee, provides that theollicel' sought to be impeached logg as " a pretended State government," and declare that it is one shall be summoned before a committ.ee of the house of represent-atives; shall have that the United States cannot "honestly maintain." I need scarcely permission to cross-examine witne ses that are brought aga.iust him; shall have read the views of Mr. Trumbull, of Illinois, who assented, as I be- citation of the witnesses be may-desire to summon; th::>ti the house ot representa- lieve the entire committee did, to the facts as stated here. Even the tives shall act only in case the committee report in favor of the impeachment; that ·if the committee report adversely to it, that i1:1 itself an acquittal, and the ollieer Senator from Indiana [Mr. MORTON] declared at page 76 of thls report: cannot ever be arraigned on the charges then reported on. No such proceedings The conduct of .Tudge Durell, sitting in the circuit court of the United States were had in this case. cannot be justified or defended. He gro sly exceeded his jurisdiction, and assumed the exercise of powers to which he could lay no claim. Certainly not. The least delay would have been fatal to the plans of these conspirators. A guilty hun-y, n,n illegal haste marks the Mr. Hill, of Georgia, agreed with the views of the committee, ex- whole of this thing from uegiuning to end. And the part we are to cept that he proposed a different remedy. I will read at page 62from consider now is that information of this was at once made known to the .summary of Mr. Trumbull: the executive branch of this Government. Here are the official tele- In view of the facts as shown to exist in Louisiana, the decisions of its courts in grams before the Senate and they have been before the Senate and favor of the validity of the Pinch back legislature are entitled to no respect what- the country for more tban two years; and in the face of this whole- ever. .A.s has been already shown, that Legislature wa>9not elected nor brought into beinu by the people of the State, but owes its existence to the void proceedinus of sale breaking down of law Pinchback, tho so-called acting governor, the United States con.rt supported by military foroo. It was the creature of force is recognized by the President of the United States, and then, as we aml fraud. Its first act was to impeach an(l su.~pend the governor (Warmoth) and know, the price of Pinch back's action in conspiring to overtlu:ow the install Pinch back in his place. It then abolished one court and set up another in constitution and laws of his owu State and thrust out McEnery and its place, and Pinch back appointed Hawkins, one of the Lynch returning board, judge of the newly-established court. To give any consideration to the decisions thrust in Kellogg-the price of tha,t is the certificate which the hon- of a. court thus set up would be to aid the usurpation. Hawkins counts in spuri- orable Senator trom Indiana [Mr. l\ioRTO~] has paraded day after day ous members of the Legislature; that Legislature makes a. governor, who makos before this Senate and told us that all these facts before us consti- Hawkins judge, ani Hawkins then decides the Legislature to be legal. tuted aprirnaj'acie ca e which we had no rightful power to examine Such is the la.nguage of a committee of this body after many weeks into before we admitted a claimant with such credentials a.s these!. of great labor. Not ouly was this report made, and this fact not dis- Well, sir, if the people of this country do not want to understand sented from by any member of that committoe, but it was sustained this case they can refuse to ; if they choose to turn their backs on in the pre ence of the Senate and before the country by two argu- these shameful facts, they can; but I do not think they will, and ments, lasting, I think, the better part of three days on the part of when they once comprehend them I cannot doubt what disposition the Senator from Wisconsin no longer a member of this body, who they will make of Piuchback anu the Pinchback party. demonstrated the truth of his report until no one wa.sleft whd' could Now, .Mr. President, after Pinch back is installed, after more troops avouch any proof in support of the contrary view. are called, after McEnery and his legislature are dTi ven at the point of But, l\1r. President, others have acted upon this case. In the case · the bayonet from a building in which they hall assembled to ·perform of Sheridan vs. Pinch back, a case of contested election, Mr. Smith, of 1875. CONGRESSIONAL RECORD. 101 New York, from the. committee, submitted a report from which I will ject-matter or of the person is a wrong and an offense, and is the more so where he has neither jurisdiction of the subject nor of the J>erson. This would bo so in any read. Pinch back it seems certified himself on the 30th of December, country. But such an offense becomes more flagrant in a govern men~ whoso fun- 1872, as having been elected to the Hou e of Representatives as the damental principle is a divi ion of the powers of ~o~ernment between mdependcut Representative at large in the State of Louisiana over ~lr. George A. departments. Much has been said, and justly saul, of the neces iW of preserving Sheridan, and his conveniont friend Mr. William P. Kellogg gives a the independence of the jucliciary. "\V'hatever," says Burke, "1s supreme in a state ourrbt to give secnri~y to justice against it power. I t ought to make its supplemental certificate on the 11th of March, 1874, in favor of Pinch- judica~e if it were somet~..,. exterior to the state." back. But the House of Representatives, a{Jting through their Com- . :But it is as . . .. · equally, nay, if poss1~le, more ne~essary that the exermse of.Judic1al mittee on Elections, report, from which I rea-d : power should be confi.ried to its proper functiOns. For courts to determme what was tho government in a. State, and to determine it where there was neither a Is Mr. Pinchbackshown entitled uP<>n the merits to this seat¥ proper case nor question, nor parties before it to determine, -w:ould be to make the Your committee think not. Mr. Pinchback's 8ri¢nal certificate, it was conceded, judge~, not the peopl_e, those who choose the rulera, and to deliver the government and Governor Kellogg's supplemental certificate, it is to be assumed, were issued to theU" absolute cbo1ce and power. · • upon the pretended canvass by the returning board kno_wn as the "Lyncl?- ~oard." And just as in no system of government is judicial usurpation so dangerous as in ..A:ssumin..,. t-hat the Lynch board was the legal returmng board, md wru.vmg tho a republican governmeD;t, so in no form of republican goverpmentcan such l!-Surpa· consideration of the effect of Mr. Pinchback's default in making no re !ponse to tion be so dangerous as m the dual government of these States when exerCised by Mr. Sheridan's notice of contest, your committee are of opinion that the fact that the Federal justices. · the Lynch board never had pOi;session of the election returns, and therefore ne1er It would be monitrous for a State judge to issue his fiat in a. case in which he h3d .canvassed them, bas become a part of the political history of the country. They no jurisdiction, with a view of unseatin~ one set of officers or legislators, and es!ab- hold this fact to be so notorious that the House ought to take legislative notice of .IShin" another in the government of a .,tate. But such an order would be as 1dle it in this contest, and m;ty take like notice of it for tho purpose of :my appropriate as mo~stroru~, and would at once be resisted and defied. le"islation. They report, therefore, that upon the case as presented to your com- l3ut for a Federal judge to assume such authority with regard to a State would mittee, Mr. Pinchba.ck is not shown to be entitled to a seat in this House. · oe not only wrong but diingerous, and tbe more wicked because so dan"erous. Mr. President, Kellogg ran upon the same ticket with Pinchback. tional The supreme nature of the pow~r of the Federal Government witl1iu constitu- limits, and the-authority of the :Federal courts to decide as to tho e limit.'l, The same canvass was made by the Lynch board of the votes for Kel- make the exercise of this authority by the Federal courts always grave and deli- logg as were made for Pinchback, the Legislature and aU. The bal- cate. It is an authority which the supreme Federal tribunal itself has declared lots and returns, which to-day are in existence, which have been in the exceeding gravity and delicacy of exercising. It is a._p~wer which, as against this Capitol, which have been subm.j.tted to a committee of this body, refused. States themsefves, has in every case whatever been d~tinctl.\" and absol~tely For a Federal judge t.o seek, therefore, to exerc1se such vowe-r by mdi- which can_to-day be brought again for the purpose of exa.mination rection, to promulgat.e au order !n a_ case where he ha~ neither juri diction of tho and tabulation should it be required-all these show that Pinchback subject-matter nor of the parties, m pursuance of wh1ch the Federal A.rmv aml rau for Congress at large on the same ticket with Kellogg. The Executive were set in motion, to take possession of the government of a State, Honse of Representatives reject his claim altogether upon the ground aseems to us to be the most tl.agraut offense and abuse of power and authority that judge could commit; one which, wh ther well or ill intended, was de tructive that there never was any real canvass of the votes for him; and of every principlo and right, in the highest degree dan.g erous to republican /IOV· consequently, of course, there was no legal return of the votes and ernment, and a high crime and misdemeanor under the Constitution of the United canvass of the votes for governor. States. And further let me say, at the close of the session in a manner that itsThe Senat.C committee pronounced this order "without parallel," and expressed "hope that it would r emain so in judicial proceedings." They declared "that may be satisfactory to them but will scarcely be to the people of this it 1oas impossible to conceive of a m.ore irregular, illegal, and in even.J way inexcusable country, after keeping that seat vacant and keeping Sheridan out of act upon the part of a jtui.ge." Conceding the power of the cottrt to make such an it for nearly two years, they admitted him on the last day of the ses- order, the judge, out of court, had no ~o~e authority t-o make it than hatl.the m~· It has not even the form of judiCial process. It was not sealed, nor was It sion-! will not say to the duties of his office but simply to its emol- shal. signed by the clerk, and had no more legal effect than an order issued by any pri- uments. They t hus declared Sheridan upon the canvass at large was vate citizen. the .duly elected Congressman for the State of Louisiana and not :Bnt haject is wholly without the jurisdiction of tli.e Federal courts. No circumstances keep the gnilty recipient of office at the hands of Durell and of Pack- c:m confer, nor allegations clothe, a tribunal with such power, and yet.Jud~eDurell ard in office and in power in Louisiana, and the Senate are a~ked, assumed of his own motion to assert such a jru-isdiction in an action whicn did not and I suppose not in vain, to give their assent to such a. proposition. even a-ssume to bring the subject before the court, and by an order against those Mr. President, in. addition to the repoFts I have referred to we have who were neither parties to the record, nor had been, or had any opportunity to be heard. also a most able report from two well-known and respected members So far as his action was concerned, it seems to us that it was absolutely imma- of our own body, one my respected colleague [Mr. SAULSBURY] and terial whether the Kellogg or the McEnery ticket were elected, whether the Wiltz. the other the able Senator from Maryland who is no longer a mem- D eFeriet board was lawful or unlawful, or whethertheytrulyorfalsely counted the vote for State officers. Those were all questions concerning the Stato of Loui iana, ber of the body, ma-de on the 14th o.f February last in the case of and that Sta.te alono, to be determined by her tribunals, and by her tribunals alone, Pinchback. These two Senators on page 21 of their minority report and in respect of which neither the fifth circuit, nor any Federal court, nor any say : Unit~d States judge had any jurisdiction, or· color of jurisdiction, or of rightful The simple detail of these facts- power or authority. The asstunption by a judge of authority where he has no jurisdiction of the sub· They had related the manner by 'which Durell had caused the 102 CONGRESSIONAL RECORD. MARcH 20, State-house to be seized and consummated the plot for tho destruc- not acting wholly wi thout jurisdiction, and if he seizecl prol?erty, he did not ven- ture to go so far q,s to make the liberties of the people the subJect of a r eceivership. tion of the State government of Louisiana- The simple detail of these facts ought to be sufficient.in themselves to character- The praise accorded by the Senator from Wisconsin to the work ize the whole transactien, without any illustration upon our part. There was not from which the extract is made wa.s not undue; but his speech was a step taken in the whole proceeding that is to be justified ; there is no single act made more than ont\ year ago; and if he considered the example dan- to be supported by any resort to reason, law1• or justice. The reckless assnmJ.>tiOn gerous at that time, how much more dangerous does it become from its of Judge Durell to interpose in matters whouy belon ~ing to the State authorities, and in terms prohibited from doing what he did by the very law of Congress under deliberate continuance f Haste, a. want of opportunity to become ac- which be pretended to derive authority to act, is beyond all precedent, and one quainted with facts, may palliate in some degree the erroneous action cannot adequately characterize it in lang~a~e tQ be nsecl !tere. The atrocity of his of a judge or of any other official. But when opportunity for infor- action in directing the marshal of the Umreu States to seiZe the State-house, where mation has been given, when abundant information has been given the Legislature of the State was tn convene, and further directin"' him to allow oortain of its m.embe';S only to enter it, has but .few para~els. anyw~ere.: and no!le or that there is no longer excuse of any kind left for error, what shall before in Amencan history. The whole proceedmg, from Its mcept10n uown to Its we say when a fresh proposition is made, as now by the resolution final consummation, was a gross usurpation, accompanied with every species of before the Senate, in the light of all the facts with the superadded fraud and tyranny. The body that was organized under this mandate and its mili- proofs that have come to us since the time that speech was delivered, tary enforcement is not entitled to any legal existence that any American should acknowledge. The whole is a product of fmnd, conspiracy, and of armed force, what are we to say about a renewed and still more deliberate effort T and is entitled to no consideration. No, Mr. President, such as I have described by calling upon the records They then pass to the consideration of the legislative. portion of of the Senate and the House to disclose the truth, is the basis of the the Kellogg government : title of Kellogg and his Legislature to office nuder the constitution and the laws of Louisiana.. Language such as has never before been Judge Durell had 110 power to issue his mandate, and the troops had no right to applied to any but the worst criminals stands upon the records of enforce it. In the whole tragedy of events, as each succeeded the other, there was not one single act that could for a moment give a color of right to any other. Every this Congress applied to him; and the whole State of Louisiana to-day ono was an undoubted wrong, crimet or usurpation, and yet all combined, an(i is 6De vast, many-tongued witne&s against. the whole of this conspir- nothing else, organized this bOdy and Kept it in being. Can such a body, we ask, .a.cy against her liberties. The great body of the American people so organized, put upon the Senate and upon the people of Louisiana their creature, and he one of the main conspirators 1 K ellogg, Pinchback, Casey, Packard, Dnrelli join in this condemnation, and it is a vain task for the majority of and Williams. names inclelibly written upon every page of this most unnatura this Senate to suppose that they c:m by a caucus resolution stay the history of political crime and folly ! There is not a single act in the whole pro- tide of that public justice and of that honest indignation which must ceeding to mitigq.te the unquaJified condemnation it must r r.ceive at the hands of visit all men, high or low, who have been concerned in thisoverthro'v every honest man and of every sincere lover of American liberty and of constitu- tional goveTIIment. of the State of Louisiana and the rights of her people. Mr. President, the action of the P-xecutive branch of this GoYern- They say in conclusion : ment, his Cabinet counselors, the Army of the United States, was in In our opinion, there is nothing in the matters that would be set up to secure a so far successful that Kellegg ha.s been retainecl in power-I will not recognition of the Kellogg government. The whole is a crime against our civiliza- tion and a blot upon our free institutions. say in office for office he never held-he has been retained in power as the governor of Louisiana. and a Legislature akin to him in objects Such, Mr. President, ha.s been the deliberate conscientious report and character have governed or misgoverned that State. Congress of the committees that have examined this subject in its various did nothing to relieve it. They attempted nothing to relieve it. The branches in either Honse of Congress. They have joined in one voice President of the United States did ask that Congress should act. At of protest, of denunciation of the attempt to create a government the same time Congress was unwilling to act in the only way that the upon such manifest frauds. To their denunciation will, I am sure, Constitution and laws as I think authorized. The remedy always be added the execration of the present and succeeding generations. was plain. It needed but the withdrawal of the United States troops. I cannot. believe that the American people can accustom themselves Kellogg had no strength. there, and none knew it better than he. On to such wrmgs as these. Certain it is that I shall do all in my power the 14th of last September his partisan police provoked a. conflict to keep alive in their hearts that hatred, that detestation of this with a number of citizens who had bought and paid for private arms fraud, and nothing shall prevent me from seeking to have that cen- which they had a right to own and a right to bear under the warrant snre which is due to each actor in this case carried home to the door of the Constitution of the United States. But Kellogg's police pro- • where it belongs. Nor can I believe it will be found to be an element posed to impair and infringe that right, and so, not satisfied with of strength or popularity before the American people for any man or having robbed those people under the forms of taxation, steeped them for any party of men to attempt to justify such events as I have en- in poverty almost to the very lips through the forms of government, deavored here to portray. And yet, sir, in the face of all this-for I in which he wru:~ sustained by the United States power, he still songht have not read what was new, I have read that which is history and to take from them the right of self-defense and the right to bear arms, has been history for the past two years-the President of the United and t bat produced a collision, for as I am informed of the enwute of too States complains and says: 14th of September last it was not a design to "push him from his It has been bitterly and persistently alleged that Kellogg waa not elected. 5tool" of unlawful power and overthrow his government, but it was Yes, sir; I should think it had been both bitterly and persist.antly a sudden, unexpected collision, in which the force and wrath of the q,lleged that Kellogg was not elected. For my own part, condemning people he had so oppressed wa.s suddenly brought in contact with his no man for that opinion to which his own conscience may lead him, I own shameful self-consciousness of infamy and cowardice, and in an camrot see how an unbia ed and honest human mind can be led to instant the collision took place to obtain posses ion of arms that hnd anything except "bitter and persistent denunciation" not only in the been bought and paid for by the citizens of that State and which initiation of the wrong but in the progress of the wrong, at every they had as much right to receive as any other merchandise sent to step even unto its present consummation, upon which we are a.sked them of a lawful character. That collision disclosed the mere shell now t-o set our seal of approval. · there wa.s, that he had not even the confidence and support of bis I will read a short extract from a work upon constitutional govern- own pretoria.n guards. His armed policemen; his marshals, his re- ment by a distinguished jurist of Michigan, Judge Cooley, in which, tainers, paid, clothed, and fatt.ened out of the depleted treasury of speaking of this interference on the part of the Executive with the that State, did not stand by him for a moment. He was a mau of legitimate government of .States, he says: • straw and he was burned up liKe any other bundle of straw, he wM The recent case of Lonisian~ demonstrates that thor!) may be greater wrongs than scorched out of existence by the very breath of the rndignant people even the wrongful refusal by Congress to r ecognize the legitimate government of a whom he had so long oppressed. He fled like a coward from his own State, and yet no speedy and effectiL.'l.l remedy be attainable. Such action on the conscience. The blood that was there spilled was almost an acci- part of Congress would a.t least be that of a proper authority, and would imply de- dent; and the whole world saw that Kellogg had neither moral nor liberation, and be supported by a presumption of due r egard for the public good physical support to sustain himself in the government of a State and for the supremacy of the law. But in the case of Louisiana in 1873, an inferior Federal judge, without a shadow of authority, anll parties have joined in condemnation of the you will; and whether you look at it with smiles or look at it through proceedings in Louisiana as necessarily fatal to our form of govern- hot tears, is still being played, and we are called upon here to ap- ment, and which if approved must necessarily place the liberties of prove it as it was, to approve it as it is, and to approve it as it may the minority in great jeopardy. I had supposed there were some Lecoma in the discretion or caprice of the Administration which has propositions in regard to which American citizens could not differ, laid its lawless hands upon this poor, unhappy, downtrodden State. and that there were certain a~mitted rights which could not bo The President in his annual message to Congress recommended in- drawn into controversy, and which when assailed all men would vestigation ; an investigation was ordered by the House of Repre- unite in protecting against invasion from any quarter. But it seems sentatives and made by a committee composed of men of character there are .in the Halls of Congress a number of gentlemen who are and intelligence second to none, of political affiliation that ought to willing to see their political opponents stripped of even such funda- have been satisfactory to the Administration but it was not. They mental rights and to approve of the exercise of unlawful and ex- visited Louisian:1, returned and reported, and no one has ventured to treme power over minorities. I hope they never will be, and with my question their facts or conclusions. They tell you unanimously there consent they never shall be, endangered by the application of these · wa-s a conservative majority in the lower bouse of twenty-nine mem- dangerous doctrines which they now support in the resolution now bers and that the act of De Trobriand and his troops in ejecting them before the Senate. was not simply unwarranted in law but absolutely and per Be unjust. But, Mr. President, on the 8th day of last January I submitted to It is understood the entire committee agree in considering entitled the Senate my views of the occurrences of the 4th of January as then to seats in the Legislature the identical five men whom the mailed disclosed to me by the facts. I read to the Senate certain telegrams hand of General De Trobriand's dragoons forced from their seats in sent in to the Senate by the President from Lieutenant-General Sheri- the Louisiana house of representatives. dan to the War Depa.rtment in this city. I will read them and pro- Mr. COOPER. With the consent of the Sena.tor from Delaware, I ceed to comment on the debate and utterances of Senators in criti- move that the Senate do now adjourn. cism of what I then said. Mr. FRELINGHUYSEN. I hope not. I know that Senators have endeavored to fritter away the meaning 1\fr. BAYARD. I am fatigued. and explain away the language of the Lieutenant-General, and by Mr. INGALLS. I ask for the yeas and nays on the motion to adjourn. reading parts only of his telegrams. I remember the Senat.or from The yeas and nays were ordered, and the Secretary proceeded to Ohio [Mr. SHERMAN] read one of Sheridan's t,elegrams in which he call the roll. . proposed to confine the operations of his military commissions to Mr. WINDOM, (after having first voted in the negative.) I ask to the ringleaders only of the armed White League, but that Senator withdraw my vote. I voted by mistake. I am pa.ired with the Sen- omitted, unintentionally doubtless, a preceding telegram of the same ator from Virginia, [Mr. JOHNSTON.] date. Mr. LOGAN. On a motion to adjourn f W. W. BELKNAP, Mr: WINDOM. For the present I decline to vote. Secretary of War, Washington, D. 0.: The result wa-s announced-yeas 26, nays 31 ; as follows: Please say to the President that he need give himself no uneasiness about the , . YEAS-Messrs. Bayard, llogy, Capert()n 1 Cockrell Cooper, Davis, Eaton, Gold- condition of a.ffa.irs here. I will preserve the peace, which it is not hard to do with thwaite, Gordon, Hamilton, Jonnson of Tennessee, Jonea of Florid:;\, Kelly, Ker. the naval and military forces in II·Ild about the city; and if Congress will declare the nan, McCreery, McDonald, Maxey, NorwoodhRandolph, Ransom, Saulsbury, Ste- White Leagues and other similar organizations, white or black, banditti, I will re- venson. Thnrinan, Wallace, Whyte, and Wit ers-26. · lieve it from the necessity of any special legislation for the preserva.tion of peace NAYS-Messrs. Allison, Anthony, Booth, Boutwell, Bruce, Burnside, Cameron and equality of rights in the States of Louisiana, Mississippi, Arkansas, and the of Wisconsin, Conkling, Cra!cin, Dorsey, Edmunds, Ferry of Michigan, Freling- Executive from much of the trouble heretofore had in this section of the country. hu;o.rsen, Harvey, HitchCock, Howe, Ingalls, Jones of N evada, Logan, McMillan, P. H. SHERIDAN, Mit()bell, Morrill of Maine, Morrill of Vermont, Morton, Oglesby, Patldock, Robert- Lieutenant-General United States Army. son, Sargent, Sherman, :Spencer, and West-31. Then comes a second telegram dated on the same day, the 5th of .ABSENT-Messrs. Alcorn, Cameron of Pennsylvania, Christiancy, Clayton, Con(Jver, Dawes, Dennis, Ferry of Connecticut·, Hamlin, Johnston of Virginia, January, 1875: M~rrimon, Patterson, Wadleig~ Windom, a.nd Wright-15. ~ W. W. BELKNAP, So the Senate refused to adjourn. Secretary of War, Washington, D. a.: Mr. BAYARD. Mr. President, in 1872 the thin veil and wretched I think that the terrorism now existing in Louisiana, Mississippi, and Arkansas pretense of re.."'pect for law were thrown around the action of the could be entirely removed and confidence and fair-dealing established by the arrest and trial of the ringleader s of the armed White Leagues. If Congress would pass United S~a.tes military in enforcing the decree of Judge Durell, but a bill declaring them bandit ti, they could be tried by a militarr commission. The none whatever in the action of 1874. The breaking up of that Legis- rinrrleaders of this banditti. who murdered men hereon the 14th of last September· lature by Federal armed force was an open, barefaced act of lawless and' also more recently at VicksbW'gh, Mississippi, should, in justice to law and power. It has been repeated since at Vicksburgh. There the sheriff order and the peace and prosperity of this southern part of the country be pun- ished. It is possible that if the President would issue a proclamation (leclaring of the county, sitting peaceably and alone in his office, was driven out them banditti no further action need be t.'lken except that which would devolve by a company of Sheridan's dragoons called in upon the request of upon me. Governor Ames, of Mississippi. There is no disguise about these P. H. SHERIDAN, things, and their undisguised outrage g~ves me reason to hope. In Lieutenant-General United States Army. almost every quarter of the country expressions of disapproval strong These telegrams have been much discussed, and I do not think any and indignant have arisen, and many have found their way upon the one doubts that it was the design of Sheridan to relieve the President records of this Senate. I desire the Clerk now to read the resolutions from any further trouble by taking their lives under the form of a which have been pa.ssed by the Legislature of my State on this sub- military commission, no habeas corpu8 to test the cause of their deten- ject. tion, no due process of law which should secure deliberation and a The Chief Clerk read as follows: trial by jury, with witnesses in attendance, before the punishment was Joint resolutions condemning the recent interference with the orgamzation of the inflicted, but the short, speedy, convenient process of a drum-head Legislature of the State of Louisiana by the Federal Executive. court-martial to be allotted to American citizens in four States. and not ResolJJed by the senate and hou.se of representatives oj tllll State of Dela1oare i n confined to "the ringleaders," a~ he terms them, of different 'leagues, General Assembly met, That ffiysses S. Grant, President of the United States. in but to be extended to " White Leagues and to other similar organiza- causing the invasion of the Legislature of the State of Louisiana by Federal sol- tions," and we know from the report of the committee of investiO'a- diers, the arrest and dispersion of the members of the house of representatives tion something of the numbers and character of the White Lea.;'ue thereof, and the subsequent illegal and forcible organization of a body of men to act as the house of representatives of said State, was guilty of an act of criminal of the city of New Orleans alone. I refer to the report of the sefect usurpation which has no parallel in the history of the R epublic ; that such action committee of investigation. To comprehend what Sheridan intended, was not only urumthorized by, but in plain violation of the Constitution of the I will assume that. he was as well informed of the character of the ~nJ~e~t;~:Mgn~f~~~'t!iJou~~~n~ubversion of constitutional government people whom he proposed to try by military commission, and sug- Resolved, That we the representatives of the people of the State of Delaware, gested the President should declare bauditti, as were this select com- which was the first to adopt the Federal Constitution do in their name and in mittee who had gone to New Orleans under tho deputation of Con- their behalf record our most solemn protest a.g ainst this dangerous act of usurpa- gress and as requested by the message of the President himself. On tion by the Federal Executive, and invoke the authoritative mandate of the people of the whole country, that the constitutional limitations upon the exercise of exec- page 8 of the report we find : utive power shall be observed, that usurpation shall immediately cease, that con- In this connection we refer to the White League, mentioned in the messa.,.e of stitutiOnal government shall be preserTed, that civil liberty shall be maintained the President. In the last <·ampaign of Louisiana the opl>osition was compos~d of in every State of the Union, and that the military shall, in fact as it is in law, be various elements, democrats, reformers, dissatisfied republicans, liberal republicans made subordinate to the civil power. old whigs; and in orf General Sheridan. Either the censu of these atrocious telegraiDB of Sheridan and to the propositions which 1870 is grossly, absm·dly illusory and incorrect, or Sheridan's state- those telegrams containeu. ments are utterly unreliable. On Jannary 13 the President sent in these telegrams with his mes- Why, sir, more than that, in Louisiana one-half of the population sage but never a word of reproof has fallen from him, on the contrary are negroes; the republican party claim tha.t more than one-half are he has indorsed and approved all by keeping Sheridan in New Or- negroes ; I believe the races are about equally divided. They aro a leans to carry still further into effect, if he may, the policy which he people nntil within a very few years unaccustomed to taking care of intimated. In that he has been thwarted by the self-command, the themselves. The care of children in their infancy, the care of the dignity, the forbearance, the true heroism of that community. I aged people among them, which existed both from a cold sense of in- knew they were brave men; I knew they ha<.1 not shunned death at terest and a strong sense of personal regard in the days of negro any time when they believed duty led them to confront it, and I ad- slavery, have passed away; and the death rate among the infants mired as all aillnire courage in se; but I here say that my respect for and among the old people has v~tly increased, and I may say also those people has been increased by their being able to control their among the grown people who unaccustomed to take care of them- just resentments and command themselves. They are worthy to be selves in times of sickne s have fallen victims to disease and have freemen, and I believe that the public sentiment of this country will suffered greatly from destitution. It is not only so; but Louisiana see to it that men who have shown their self-command under such never was as healthy a State, with the greater amount of alluvial and circumstances of suffering and aggravation, who have abided by law, marshy lands in her limits than other States whose lands lay upon who having the strength to sweep away like cobwebs the power a higher level. We also know that owing to the poverty of the peo- which was set up over them, have still stood ip. heroic patience ple and the mismanagement of their affairs the banks of the Mis- waiting the final ve1·ilict which a just people I am sure will render in sissippi have been broken down, the levees destroyed, and vast tract-s their ca e. of country :flooded, producing great loss of life and property and a Now, Mr. President, I do not propose to go into the question of the vast increa-se of malarious disease. So that in any way you look at action of the late returning board. As I said, even while we speak it one would naturally expect the death rate of Louisiana would be in- methods unknown to our laws are moulding the fate and the control creased by these causes since the war; but with all these reasons which of the government of Louisiana. What this compromise as it is I have given for rationally supposing that this death rate woulu be caUed, what Messrs. Wheeler and }rye and Hoar may do in New increased, we .find that in point of fact it does not exceed the average York I know not; what will be the result I know not; but one thing in other States and we find in point of fact that the average death I do know: it is all a make-shift, it is all hostile to the very spirit rate of the e three States ·so grossly assailed by the Lieutenant-Gen- and letter of our system and laws, and it simply is to be justified, if eral of theArmy is less than in the State of Ma sachu etts. It seems jnstifi.ed at all, by the practical fact that Louisiana is in the hands of to me these statistics should of themselves be sufficient to refute· this the spoiler and is endeavoring to make the best practical esca.pe from charge of wholesale murder and deluge of blood. · hiM clutches. In that may God speed them; but even to aid them I But more than that, I had some newspapers sent me from New Or- cannot and I would not here vote for measures outside that charter leans the other day containing the account of the expulsion from the of government which my oath has been pledged to ·maintain. Sir, it Hahn hou e of representatives of a negro named Ward. He was acl- would be belittleing .t his case, it would be belittleiug substantial jus- dressing the chair out of order; he was called upon to be ·seated and tice to go into the question of the power of the returning board to ask refused, and finally was removed by the sergeant-at-arms and his whether they had a right to disfranchise any one or more of the par- deputies. Hi conduct was most insolent, brutal, and defiant. .After ishes in the State of Louisiana~ No man can read the constitution of he was ejected members of the Legislature of his own party and his tltat State and not see that the returning board had no pretense of own color declared that he bad been a most dangerous and infamous power to declare any parish without a representative, because the character and bad himself caused the death of two hundred of his own constitution requires that each parish shall have at least one repre- race in Grant Parish, in what wa-s known as the Colfax massacre, re- sentative; and if they may disfranchise one parish, they may dis- ferred to at such length by the President in his late message. The franchise any and all others, and so reduce their action to an absnrd- Colfax ma acre was indeed a horrible thing. No one can read the it.y. If fifty-six members are requisite to form a quorum of the house account without a shudder; and that ma-ssacre at Colfax bas been of representatives of the Sta.t e of Louisiana and the returning board charged upon the :floor of this Senate and by the Lieutenant-Gen ral c:~.n declare va.cancies in one-half the parishes, then you would have of the Army to have been instigated and committed by t.he white no quorum returned and consequently no organization. But we un- conservative politicians of that State to intimidate and crush out the derstand that the action of the returning board has not been susta.ined, negro voters. that the men removed by De Trobriand have taken their sea.t s, and I thought I had at my table copies of the New Orlea,ns Republican that the action even of this minority of the committee of the House sent to me with the account of the debat in the Legislature, the who went there last has re ulted in giving a majority of the lower substance of which I have stated. That is but one refutation from a house to the conservatives of Louisiana. source the authority of which will not be denied on the other side of Mr. President, the great prevalence of crime and disorder have the Chamber of the wholesale slander upon the white people of that been a.Ueged in the State of Louisian~I do not stoop to notice the State which this Lieutenant-'General has seen fit to utter. . insinuation or the suggestien that I and those with whom I act in So then I say the statements made by the Lieutenant-General of this body can feel anything but hostility to crime or fraud in all their the Army to the President are so refuted as to importan·t features shapes whenever and wherever committed. I will not answer the as to destroy their credibility. There is a gross improbability at- suggestion that I favor unkindness or . injustice to any man. Such tending such stories. Nor has there been one particle of proof suggestions are not fit to be made in this Chamber. If I did reply to worthy to be considered by the Senate of the perpetration of one of them, it would be in terms so disrespectful to the questioners that those acts. They are all general, railing, unsustained allegations they would regret my reply and the rules of the Senate would forlJid made by a man who evidently hates the people whom he was sent to me uttering it. But we have had from the President and his military govern. One illustration I remember as to what he mearis by a commander in Louisiana allegations of the deluge of blood which "bandit" and the kind of person he desires to try by military com- has :flowed in that State, and in every case under the instigation of mission is found on page 27 of the President's message. There the political feeling, in which the men murdered were all republicans and Lieutenant-General .s ays: the murderers of the opposite party. Such a picture is incredible, Doring the few days in .which I was in the city prior to the 4th of January the and I believe entirely untrue. It ha.s been answered by men in con- general topic of conversatiOn was the scenes of bloodshed that were liable t-o occur ventions, from churches, from assemblages in the interest of com- on that day, and I repeatedly heard threats of a!!sassinating the ""Overnor, apd re- merce and of trade, any one of whom is entitled to equal respect with grets express~d ~the was no.t killed on the 14th ·of September fast; also threats of the assassmation of republican members of the hous~, in order to secure the the Lieutenant-General who makes the char~e. election of a democratic speaker. I also knew of t.he kidnaping by the banditti of Bnt there ·are other fa.cts which show that 1t is impossible for thes~ Mr. Cousinier, one of the members-elect of the Legislature. wholesale charges to be true. I have taken occa-sion to examine the At page 26 of the messageCousinier's ca e is again made the subject census.of 1870 and obtain certain statistics of the percentage of deaths of long and special report by Sheridan; it was evidently the strong- in the four States of Alabama, Louisiana, Arkansas, and 1\fassachu- est he han obtained. setts, and I find the percentage of tleaths in Alabama is a little more Now I just wish to show when we can pin General Sheridan down than one-h&lf of the deaths il\ the State of l\fassachusett ; that is to to a fact what his definition of a "bandit" is. We have got at last say that there was a percentage of 1.08 in Alabama, and there was one case of what he considers the action of "banclitti," which was 1.77 per cent. in Massachusetts; in Louisiana there is 2 per cent. of the arrest and detention of .Mr. Cousiuier, one of the merubers-elec of deaths and in Massachusetts 1.77;. in Arkansas there is 1.26; so that the Hahn legislature. That fact is uoted in the report of the com- in the three States of Alabama, Louisiana, and Arkansas the average mittee on investigation, who were then on the 15pot, and who there- 106 C.ONGRESSIONAL RECORD. MARCH 20, fore may be considered more competent to speak upon the fact than to call the sheriff a "bandit" who arreste~ a man under a charge Sheridan. Now let us see what were the real facts. On page 10 of trumped up for the occasion, it shows what his definition of that word the report of the committee they say: means and the kind of people he wanted to try by military commis- At twelve o'clock noon William Vigers, the clerk of the Ja.at house, called the sion. ru~semblytoorder and proceeded to call the roll of members as m.a.de up from there- I may say, to continue this wretchecl story of Louisiana politics, turns of the returning board. This roll contained the names of 106 members, that on the same afternoon after Warmoth had lost his majority in classed by Governor Kellogg as 53 republicans and 53 democrats ; but it is claimed that one of the democrats was not a ''staying democrat." The republicans claimed the lower house- that one of their members, .A. G. Cousin, had been kidnaped and forcibly taken The governor issued a proclamation convening the two houses in extraordinary to a distant parish to prevent his presence at the organization of the house. Your session at half past four o'clock that afternoon. l!'ifty-five mem hers, including those committee was about t~ investigate this charge, when in public session it was who ball been unseated by the Carter party, attended. The other 8ide ball no no· claime(l by the democratic counsel and. admitted by the republican counsel that tice of the meeting. In this extra sess1on the work of the afternoon was declared the arrest was under le~l process and by the hands of the sheriff. It was further void; Carter was deposed as speaker and expelled from the house, aml a new claimed, and not denieu, that the privilege of his office did not shield him from speaker chosen. The next day the capitol was guarded by police .and Carter forci- arrest. The charge was embezzlement. bly excluded from the building. He and his supporters Msembled at a hall in the Now the Senate will see what constitutes "banditti" in the mind city over the Gem saloon, and each party then had a bouse of its own. • of the Lieutenant-General. Now you can see the character .of .the But it turned out that Warmoth, having the control of the muni- offenses for which he would try men by military commission, for the cipal police and the whole powers of the State, was too much for this only case that he has ventured to name is one that we have been other faction, and that he succeeded in maintaining himself. It was able to nail upon him, and to show the outrage committed upon this when Governor Warmoth quarreled outright with the Administration man (and which I do not pretend to defend) waa committed by are- in Washin~ton that he went down under military force. publican sheriff in executing a. writ issued from a republican court .Mr. President, I desire · to read to the Senate the description by by the hand of a republican clerk and he was taken into legal cus- Colonel Morrow of the condition of Louisiana. It is found on page tody nnder a charge of embezzlement; a charge I am sorry to say 70 of the communication from the Secretary of War, and as I.,flaid be- only too likely to be true in the class of men sought now to be kept fore was in the possession of that official and of the President of the in power over the people of Louisiana. United States at the time the special message was sent to us in which Mr. RAlWOLPH. I ask the Senator from Delaware to yield that it was entirely omitted. Colonel Morrow made a tour of investiga- I may move that the Senate take a recess for half an hour. tion through the northwestern part of Louisiana into the scenes of Mr. BAYARD. I would rather, as far as I am concerned, go on. alleged disorder and submitted the following statement : If my friend from New Jersey made the motion in my interest, I beg In relation to the necessity of sending more troops into that section of the State, him to withdraw it. I respectfully report that there is no need for more troops in any portion of the Mr. RANDOLPH. I withdraw the motion. St.at.e of Louisiana visited by me. The scenes of violence aml the reported in- Mr. BAYARD. I wish the Senate to observe this is a case in which Mr. fi·ingements of lnw which were t.he immediat-e cause of troo~s being ordered int.o certain parishes seem to have aroused in the minds of law.abiding citizens a keener Sheridansays (at page 27) he kn-ew the facts. All the rest of these blood- sense of their obligations to preserve law and order in their respective communities, and-thunder stories he pru:ades he does not profess t.o know; he says and I am happy to be able to report that a healthier state of public sentiment is they are told to him. He hears rumors of assa sinatioQ., but when he manifest in every section of the country; and I am of the opi.I.Lion that t.he troops comes to the case of Cousinier he says he knows of it being a ca-se of kid- can be withd.rawn from .Alexandria, Colfax, and Natchitoches, and that there is no necessity for increa ing the forces at any other point. I mean to be miderstood as naping by banditti and when we come to discover the truth it is an sayin~ that troops will not be required at these points to compel obedience to any arrest under State procesR for embezzlement. This case furnished law ot the Unite~ponded to. Objection waa made by ance. On the contrary we want to fix a time when this question gentlemen of the domina.n~· party in this Chamber. The last objection which has been debated for two months, a question upon which noth- made to the consideration of the resolution was to allow the Sen- ing new can be said by anybody, shall be brought to a close, giv- ator from South Carolina [Mr. PATTERSON] to make some coniments ing every Senator upon the other side as much time as he wants to on it, which he never has made from that day to this. speak upon it ; and it is in the hope that this recess may lead to such Not only was Merrill suffered to draw into his private pocket an amicable arrangement that I second the motion of the Senator 21,400 from the treasury of South Carolina in the shape of rewards from New Jersey. . for the arrest and conviction of alleged Ku-Klux: prisoners, which Mr. RANDOLPH. My sole object in offering this motion was that duty he was assigned by the United States to execute, but after that Senators on this side of the House should have an opportunity for fact wa-s known, published here in debate, published in the news- consultation. I do not pretend to know what the opinion of the ma- papers of the country, he is advanced in favor with the Administra- jority of onr friends is; but I think that no delay save that of the half tion and is sent to Louisiana, there to continue the practices of which hour can occur, and no detriment to any gentleman can follow, as he had been guilty in South Carolina and to stain the name of an the Senator from Delaware [Mr. SAULSBURY] seems to apprehend. American soldier by malpractice for which I think every honorable I do trust that, for the purpose of giving that rest which we all need member of his profession must blush. and for the purpose of permitting a conference, the motion that I I h3.ve caused to be read to the Senate the comments of Colonel made that a recess be had will be acceded to. I should like to have Morrow upon Merrill's conduct in Louisianar-a mischief-maker, a it an hour, howeve1·, on further consideration. creator of disturbance, a hater and an enemy of the people among Mr. EDMUNDS. Make it till half pa-st five; that will make square whom he went; and his reports axe cho en as the proper representa- hours. . . tion of the condition of those people by the President, and with diffi- The -PRESIDENT pro tentpore. The Senator from Vermont moves culty we obtained the other side in the statement of Colonel Morrow. to make the recess until half past five, which will give eight minutes Now I ask the Clerk to be kind enough to r ead for me from the report more than half an hour. The question is on the motion that the Sen- of Colonell\forrow the pages I have marked. · ate take a recess until half past five o'clock. The Secretary read as follows: Mr. McDONALD. It seems to me that half an hour is no time at I now come to the general condition of affairs in the parishes on Red River, and all for the purpose indicated. without the slightest exaggeration I may say it is bad. Respect and regard for 108 CONGRESSIONAL RECORD. MARCH 20, the General Government are expressed by all classes of people, and so is the de- tration to the ~overnment of tho present State executive is the cause of bitter per- termination not to be, 1mder any circumstances, brought into collision with the sonal and political feeling in the breasts of nineteen-twentieths of the white inhabit- Federal troops; but there is a. umversa.l expression of contempt for the State gov- ants of the State. ernment, and, so far as lan guage could express it, there is open defi.a.uce of its au. thority. The governor is everywhere, and by almost every white man, denounced This is the executive who has arrayed against him the bitter per- a " usurper, " and the determination is openly expressed by nearly every white man sonal and political feeling of nineteen-twentieths of the white popu- not to submit to his usurpation longer than submission is compelled by the pres- 1ation of the State, which means nineteen-twentiet.h s of tho e who ence and force of Federal t>oldierB. . Dissatisfaction and disconten t are plainly visible in all the acts and conversation hold property in the State of any appreciable amount, and it is the of the people, and the r e ult is manifest in almost every departm8nt of business. protection and maintenance of that hated governor, that fal e and Uncultivated fields, unrepaired fences, roofless and dilapidated dwellings, and spurious ruler-it is such a man the Senate are called upon to ask the a bandoned houses meet the eye at every st ep, and the whole a,spect of the coun- President to uphold and continue in power. trv bas a look of poverty and neglect. The schools in many parishes are closed for want of money to pay the teachers, and I was told again and again that the school Why, Mr. President, what is the necessary result of such action f funds had been stolen by the State officials. In one parish a criminal co-urt had Is it not fatal to onr Union T What is the re ult of a continuation not been held in nearly two years, and in other parishe. no court, criminal or civil, of a system that has brought forth such fruits a-s these' Unhappi- bad been lwld for a long time. In a community where there are no courts crime ness to the community who are the immediate objects of such injus- finds a genial soil, and the natural result is that the la.w has fallen into disregard and disrepute. Judges were openly charged with corruption, and money, and not tice, and relief in their minds from any ens·e of obligation or fealty justice, is charged With turning the judicial scales. to the Union of our States and our Government. If snch a policy is The people reported, and seem to believe, that the machinery of the Federal to be continued, the destruction of the prosperity of all our people coru-ts had been used to oppress them for })Olitical ends, and that the Federal troops must necessarily follow. We are to-day amid all the financial en-ors, ha.d been used for political purposes. How far this bas been the case I have no means of knowinj!, but I do believe that deputy United St.ates marshals have used amid all the orrors Qf unequal taxation, of mistaken excise and tariff United States soldiers in cases where thero wa8 lJ.O necessity for them, and, from policies, of e.Ktravagance and want of due economy in the various my investigations, in the parishes of Ouachita and Lincoln I am quite certain that departments of the Government, of overspeculation and reaction by these civil officers discharged their duties in an unnecessarily harsh, if not cruel, the gro s errors of paper money a.nd of an irredeemable currency. manner. It was represented to me that the marshals are in tho h abit of prowling through the country in the night· time, a.ccompanied by a posse of soldiers, to make All these are oppressing the people of the United States. Their con- arrests of citizens who could be arrested by the marshal unaided, and, under any sequences are resting heavily npon them, and distress exist.s wide- circumstances, should be arrested in the open daylight. spread and deep in many thousand homes in the North, industry is These night arrests seemed to have a peculiar terror for the people, and my a.t- tention was repeatedly called to them. .Anoth er subject of complaint was th e fact prostrated, enterprise is paralyzed, trade languishes, manufactures that citizens are arrested without the shadow of a. cause, and after long and vexa- a.ro unremunerative. All these are causes of d1stress and peouniaTy tious delay and great expense are set at liberty without aft(rrding them even a pre- trouble, but all together are not as potential can es of di tre s to the liminary hearing. .And 11,nother subject of bitter complaint., especially in Cou- people of the No~h as the beggary which your reconstruction policy shatta, 1s the fact that there is not a United States commissioner in the parish, and . p ur ons arrested are r equired to be sent to the city of New Orleans; sovera.l hun- has brought upon the people of the South. Their poverty prevents dred miles distant, for even an examin:ttion. The expense of getting witnesses to them from becoming consumers, their want of money prevents them so distant a point will make even justice a luxury that only the rich can procure. from becoming. customers. They suffer, it is true, but they do not A.. man of moderate means could not hope to prove his innocence if the presence of suffer alone ; and if I were asked to·day to state the chief cause of many witnesses wa.s required for the pri.rpose. The people at Coushatta complained also, and I think justly, that a. person hatl been sent there last fall as commissioner the present depression of the whole country and the distress which who was a brother to one and brother-in-law to another of the unfortunate men we know exists throuiYhout the Northern and the Middle States, I who were so brutally and dastardly murdered in August last. However brutal should say it was the distressed and desolate condition of the sixteen may have been the circumstances attendin~ the massacre of these meu, it will be States south of the Potoma-c. at once conceded by every man at all familiar with rules in American and English courts, that a near r elative of the persons murdered is not a proper person to sit as The loss of money brings distress. Wise laws may take the place . judge in even a preliminary hearing. of unwise laws, a defective and ruinous financial policy may · be These were compl:.tints made to me against United States officials, and I there- replaced by another sound and judicion , trade shall again be rein· fore report them for the information of the department commander. The com- vigorated, commerce shall revive, ancl prosperity again m::ty open her plaints a"'ainst the State officers were so numerous that a. mere enumeration of them wo~d fill a volume. Corruption and jobbing in office ; partiality and favor- springs; but what is all that materia}. prosperity if the hearts of the itism in the administration of justice; exorbitant taxes, rising in some instances people are not together and the love of union and of a common coun- to 7 and 8 per cent. on the appraised value of the property; a ruined credit; a de- try does not exist 7 0, Mr. President, it is the injustice that has pleted State and parish treasury; enormous debts, State and parish; and multipli. driven these people frbm you, and is continuing to drive them from cation of officers in the persons of favored individuals, are a few of the charges made by the p eople against their State authorities. you, that forms to me a subject as an American most to be dreaded for the sake of my country. Mr. COOPER, (at six o'clock and twenty minutes p . m.) With It wa once my duty to stand in a political convention composed the con ent of the Senator from Delaware, who yields for tha.t pur- almost entirely of zealous advocates forthe nomination for the Pre i- pose, I move that the Senate adjourn. dency of Horace Greeley, and there to express my views as an inde- Mr. MORRILL, of Vermont. I call for the yeas and nays on that pendent thinker, yielding my contribution of au honest judgment in motion. qualification of, if not decided opposition to, the prevailing enti- The yeas and nays were ordered. ment of tho e who surrounded m~. Time h~s in some degree enabled :Mr. STEVENSON. I rise siinply to announce that I am paired us to judge of the con-ectness of what I then said and advised, n.nd with the Senator from Ohio, [Mr. SHERMAN.] I have no other object in t.his reference than to expres my present The question being taken by yeas and nays, resulted-yeas 22, nays sense of what this country owes to-day to the great-hearted man 28 ; as follows : whose name was mentioned in debate on this Louisiana question llAS-Me srs. Bayard, Bogy, Booth, Caperton, Cockrell, Cooper, Davis, Eaton, some weeks ago in such disrespectful association. Gordon, Johnson of Tennessee, Jones of Florida, Kernan, McCreery, Maxey, Nor· The nomination of Horace Greeley had its impulse largely among wood, Randolph, Ransom, Saulsbury, Thurman, Walla.ce, Whyte, and Withers-22. NAYS-Messrs. Allison, Anthony, Boutwell, Bruce, Burnside, Cameron of Wis- the southern white. people, whose opinions and prejudices bad for consin, Chri tiancy, Conkling, Cragin, Dorsey, Edmunds, Ferry of Michigan, Fre- more than one generation been strongly arrayed against him. . liughuysen, Harvey, Hitchcock, Howe, Ingalls, Logan, McMillan, Morrill of Maine, There bad been no repre entative man of the North more signally Morrill of Vermont, Oglesby, Pad.dock, Patterson, Roberffion, Sargent; Spencer, and West-28. · the opponent of what may be called the southern system of thought ABSENT-Messrs. Alcorn, Cameron of Pennsylvani-t·, Clayton, Conover, D::twes, and political action than Horace Gree~ey. He bad lived to see this Dennis, Ferry of Connectic-ut~ Goldthwaite, Hamilton, Hamlin, Johnston of Vir- ystem utterly overthrown and revolutionized by force of arms, and ginia, JoneB of Nevada, Kelly, McDonald, Merrimon, Mitchell, Morton, Sherman, in the wreck his ear caught the cry of hnman misery and sorrow that · Stevenson, Wadleigh, Windom, and Wright-2-:3. ever accompanies such sweeping changes in society, and his kind, So the Senate refused to adjourn. warm heart recognized the appeal. · · Mr. BAYARD. This, Mr. President, is the sad picture drawn of one From the suiTender of the suntbern armies until the grave c]osed of the States of thj.s Union by a military officer than whom the General over his form I believe the paramount object of Horace Greeley's life of the Army knows of no officer better qualified to speak. Sir, does was to bring hi fellow-countrymen into a better understanding with such a picture of wretchedness, of distress, provoke emotions of pity, e:wh other and inaugurate an era of peace and good-will, which should of tender sympathy, or of animosity and anger 1 If these were not cement ouT Union of States and make American citizenship a tie of citizens of the United States, if they were not our own fellow-citizens, fraternity in all sections of the country. · if the case stated was a simple abstract picture of suffering humanity, To accomplish this he ri.<~ked much that he valued. He braved I cannot doubt that in this Chamber there would be but one opinion great pecuniary loss, the indignn.tion of his former political and per- upon this subject, -and that would be of indignation toward tho e sonal allies, the angry denunciations of official power and a partisan who have brought.such things to pass-of sorrow for those who were press. To reunite his countrymen in the bond~ of mutual kiudne s the victims of such misfortunes, of an instant desire to alleviate the and good-will, he severed the ties of party organization and becn.me trouble if it was within our power.- But upon what strange times the leader of a political forlorn hope, so far as the fate of the i.mme- have we fallen when we read this picture of a community of our own d.iate canvass was concerned. And then he died. But the seed sowed fellow-citizens and hear of and see no measur~s pro.I?osed by those in in a good life did not die. It is to·day flourishing in the hearts of a authority save renewed oppressions, persecutio!lB more stringent, and generous people. Nearly 3,000,000 voters in 1872, of whom over 90 punitive legislation! At the next page of his report this officer goes per cent. were democrats, responded to the sentiment for which Mr. on to say: Greeley struggled. Men looked into each others eyes with trust and I not only do not believe, but I am absolutely certain, that there will not be at not distrust. The hands of former politica,l opponents met in friendly any time in Louisiana an y organized or authorized resistance to the General Gov- clasp, and sectional hatreds and geographical lines were obliterated ernment. If the expressions of the people are to be believed. and I do believe from the hearts and memories of those who beard ot read the wise them, ther e is a. very sincere desire to live quietly under the protectinu of the Con- stitution of the Unitecl tates and enjoy the blessings of the National Government. and patriotic speeches made by him in the summer and fall of 1872. But there is no disguising the faet the protection a.fforded by the Federal Adminis- The ancient Romans decorated with crowns those citizellB who in 1875 . . CONGRESSIONAL RECOR~D. 1.09 the forum or in battl~ won distinction. The civic crown was of all little finger could remove any man within that State from office or the most glorious, and was awarded to him who had saved the life from power or who by his smile can encourage him to any excess and of a Roman citizen. guarantee him perfect immunity, no matter how flagitious was his To whom could the American people more justly award the civic wrong. So here to-night I do gravely and eai'llestly warn my fellow- crown than to Horace Greely, who if he gained not the laurel of the countrymen against that change in their form of government which conquerer surely deserved the oaken leaf of the pacificator. The these measures indicate and I fear seriously threaten. Grecians constructed all monuments of civil strife of wood that the Believing this, I feel it my duty plainly b say so. I have looke.d memories shoul9. not be lasting, while enduring brass marked vic- at the proposed course of legislation, I have looked at the proposi- tory over a foreign foe. It is the le-sson that lies in this that shall tion of the Executive in relation to Arkansa-s, I have eeen what bas save a country, and as Horace Greeley did seek to instil it into the been done and what has been happily defeated, and I d~ say that if hearts and minos of his countrymen, so do I believe he was th eir the people of this country are wise they will be quick to check the benefactor, andfo1' this our own and future generations of Americans further progress of their Government in the direction it.ha-s taken in shall rise up and call him blessed. Louisiana and which is proposed to be extended beyond the limits .Mr. President, in 1869 I came to the Senate of the United States, of that St."Ote. I hope they may hear me; I hope they may heed me ; never havinO' been a member of any public assembly prior to that and that the government of laws, which wa.s designed by the found- time. My pgrsuits were congenial; the reward obtained was suffi- ers of this country to continue over a free people, may not in the heat cient to give me a pecuniary independence. Those from whom I of party or by personal ambitions be merged and lost in a govern- drew my blood, whose name I bear, bad been too long in pn blic life not ment of force. 1\fy desire is that the attention of the country should to have become poor; and if my personal interests had been consulted be awakened to the true facts; all I ask is the judgment of my fellow- I should have con tinned to seek those rewards that industry and fair countrymen candidly and deliberately on the facts as we now know intelliO'ence will bring to any man ~n a profesl:lion for which he is at them to exist. Some things I had thought were sacred, rights that all ad~pted. I had but one object, and that I believe I have steadily I thought could never be drawn in question, have been deniedhere pursued. The country that I love had been rent by discord and the in debate by the unhesitating admirers of executiye power. Sir, it is• hearts of its people had been alienat.ed far, far from each other. I quite time for the American people to arouse themselves to the con- had no other object in coming here than to bring my fellow-country- sideration of their public duty, and forget party passion in the higher men into accord with each other, and I am not conscious since I came feeling of love of country. · that a word has been uttered by me or a vote cast tinged with un- The PRESIDING OFFICER, (Mr. BoUTWELL in the chair.) Is the friendliness to any portion of my country,North or South or East or Senate ready for the question on the amendment'!' · "\Vest. A.nd now, sir, if I lift my voice in favor of a measure or in :Mr. 1\fAXEY. Mr. President, the question under consideration is opposition, I have long ago been taught it will not be efficient in tlie amendment 1)roposecl by the Senator from Rhode Island [.Mr. this assembly, but may be heard elsewhere, and even from me if ANTHONY] to·the resolution offered by the Senator from New Jersey, what comes is truth, there is a God of truth who shall make it e.ffi.- [Mr.. FRELINGHUYSEN.] The amendment is to make the resolution cient in His own good time. read: Sir, I fear there is a feeling ~owing in the minds of those who Resolved, That the action of the President in protectiniven by the United State.'l, .ana, who is responsible for that disorder f If it turns out to be true when properlv called npon for that purpose, to tbe end that the laws may be faith- that W. P. Kellog(J' was not elected by the people of Louisiana and fully and promptly executed, life and property protected and Q.efended, and all that he was foisted on those people against their wishes and against violators of law, State or national, brought to speedy punishment for their crimos. their vote, and was so foisted by the authority of the President of Mr. MAXEY. The :first of these resolutions, after discussion here, · the United States, I a.sk if the Senate ca.n now come forward and say after a number of able speeches showing learning, research, and ability that in that action he is approved f were delivered on one side and the other, was disposed of about mid- It is not necessary in the discussion of this question to maintain night a few days ago. When it was thought at least on this side that a that Mr. McEnery was elected governor. While I believe that he vote was to be taken on the resolution and that the Pinch back factor, was legally elected by a ·m ajority of the voters of the Stat e of Louisi- which bad been the disturbing element in the politics of the country ana, and while that belief is entertained by .thousands of people for 10 long a time, would be definitely and forever settled by the throughout the country, it is not necessary in this discussion to main- Senate, a motion accompanied by a proposition was presented by t-ain that proposition. It is only necessary to maintain the proposi- the Senator from Louisiana, and I beg the Clerk to read the remarks tion that W. P. Kellogg was not elected. When I come to look at of the Senator from Louisiana accompanying his motion. the report signed by Mr. Carpenter, Mr. LOGAN, Mr. ALCORN, and The Secreta.ry read from the REcoRD of March 17, as follows: Mr. ANTHONY, I find that they conclude that report with this resolu- tion, in which their associates, Mr. Trumbull and Mr. Hill, concur, Mr. WEST. Mr. President, according to the understanding this debate cannot be prolonged, and I do not rise for that .purpose; but I rise to make a proposition that di sented from only by Mr. MoRro~: I trust will be acceptable to a majority of the Senators here. The debate for the Resolved, That there is no State government at present existing in the Sta.t e of past two days has developed snch a variety ancl contrariety of opinion on the part Louisi:ma. of a number of Senators on this side of the Chamber, that I am not willing to sob- mit the claims of my colleague to the test of a vote at the present time. If when that report was made there was no State government then existing in the State of Louisiana, there has been no State govern- Mr. McDONALD. Will the Senator from Texas . yield to a motion ment in that State since that time known to the law bemtuse there to adjourn f · has been no election for governor since that time. I find that in Mr. M.A.XEY. Yes, sir. that report the committee charge the whole el~ction was carried on 1111-. McDONALD. I move that the Senat-e do now adjourn. in fraud and that the amount of fraud and iniquity in that eleetion Mr. MORRILL, of Vermont; called for the yeas and nays, and they was so great that .it was impossible to determine who really waR were ordered . ..E,]ected, but the intimations are that McEnery was; but nowhere is it Mr. SHERMAN. I would like to ask the Sena.t or from Indiana a intimated that either by fraudulent or fair means W. P. Kellogg was question: Will the Senator state for himself or ~ friends the time elected governor of the State of Louisiana. They, however, report when a vote can be taken, if we adjourn now t .as the result of their investigations that neither Kellogg nor Mc- Mr. McDONALD. I can state this, Mr. President, tl1at the minor- Enery was elected. Take that view of the case; if neither Kellogg ity do not intend any factious opposition to this resolution, but we nor McEnery was elected, how came Kellogg to be governor f I ask desire to have opportunity for a full discussion, and when that is yon if the people of Louisiana did not elect Kellogg governor can ended the majority can pass the resolution; but to state the day or the President of the United States elect him either directly or indi- the hour I cannot. Tectly f If the people of Louisiana. did not elect him governor, I ask Mr. CONKLING. Then let us go on. if Durell could elect him governorT If he has no warrant or author- Mr. E.A.TON. I would like to say this to my friend from Ohio and ity for the position which he holds save and except that which he to my friend from New York and to all other Senators on .the other got by virtue of the midnight order of Judge Durell, then he is not side of the Chamber, that while we have not arrived at a conclusion the legal·governor of the State of Louisiana, be is not the cle facto that we ·can name a day or an hour, whether to-night, or Monday governor of the State of Louisiana. Then why approve the Presi- night, or Tuesday night, yet I beg to say in all fairness and candor dent for npholding this government of his own creation f According that in my judgment, in my honest judgment, if the Senate should to the meaning of the term" de facto," as I understand it-and which adjourn at a reasonable hour to-night, we should as soon arrive at a was made so clear in the very able speech of the Senator from Michi- vote as we should if we prolonged this discussion all ni~ht._ There gan [Mr. CHRISTIANCY] the other day, (a republican,) that it is will be no factions talking, no talking against time, ana gentlemen scarcely necessary to repeat it-a de facto government, as I understand will consume much less time in my j ndgment if they are not pressed that sort . of government, is one which has color of right and which by our friends on the other side. We shall arrive ai:an early vote is acquiesced in by the people over which the authority proposes to while we cannot name an hour or a day. rule, or it is a governl!lent which, having colorable right, is upheld Mr. SHERMAN. I am personally entirely indifferent as to the and maintained by so strong a force from among the governed that dnration of the session, because I shall be here long after the adjourn- it cannot be broken by the people discontented with j.t. The govern- ment at any rate; and what I say is in behalf of others, not myself. ment must in some form be upheld by part at least of the governed. I know it is a matter of vital importance to many Senators on both Military power, when t.hat is used, brought to the assistance of the sides of the Chamber to know when they can leave here, because governor, wnst be the military power of the State. But in the case they have business arrangements that arewaitin~ fpr them to attend of Kellogg he controls the State of Louisiana by a military power to. While therefore it is to me an object of indifference, it is to them loaned to him by an authority foreign to his State. Was Mr. Kellogg of great interest to fix when they can leave here. I have no doubt at the time of the issuance of the Durell order either de facto or de if Senators on the democratic side of the House will state the day jt1o1·e governor of the State of LouisiJl.naf Neither. He had no posi- when they can clo e this debate after conference and consulta- tion as governor of the State by the act of the people of Louisiana, by tion among themselves, I have no doubt it will be acceded to at once the acquiescence of the people of Louisiana, by any inherent force and we shall then have no struggle a.s to the duration of the session. which he brought to his assistance in the State of Louisiana. He It seems to me that by Tuesday certainly we might vote, and that had no official existence whatever until the issuanc8 of the order of would give them two days; .Any Senator may express his opinion Durell and the enforcement of that order by :Federal bayonets at the upon the Louisiana cas~ in that time, and it would be a matter of ·1875. CONGRESSIONAL RECORD. IJI ~reat convenience to many Senators, I know, if that time could b e Resolved, That the President pro tempore declare the Senate adjourned without fixed or the day fixed even if the hour cannot be fixed. Certainly, day on Thursday next at noon. two days is enough to finish the discussion of a resolution so simple Mr. CONKLING. The reo-uhtr order, Mr. President. as this on a question so long debated. The PRESIDING OFFICER. Objection is made to the reception Mr. BAYARD. I may say this: So far as I have beard this matter of the resolution. The question before the Senate is on the motion discussed among those with whom I act in this Chamber, there has to adjourn, upon which the yeas and nays have been ordered. been no idea that anything but the most usual and orderly disposition The Chief Clerk proceeded to call the roll. . of this matter would take place. If when the resolution had been Mr. McCREERY, (when his name was called.) On this motion I brought in in its new shape it hars may consider it, it ou~ht to take the ordinary course. December, and it was done though tne Senator from Illinois, [Mr. I will state further that If an adjournment takes place now there LoGAN,] who had made an able argument on that side of the question, is scarcely a probability that the debate on this side will extend be- appealed to his brethren not to take that step because the peace of yond Tuesday night; and t.hat I think on Wednesday a vote can be the country demanded a speedy settlement. Still it was done. The taken. I -make no agreement about it, for I am not authorized to order of precedence in which these two resolutions were presented by make it, but I say there is no probability in my judgment of the de- the Senator from Indiana was first the recognition of the claim of P. bate extendinR beyond Tuesday night or Tuesday's adjournment. B.S. Pinchback to a seat in the Senate, second the recognition of the Mr. WHYTE. Mr. President, on my own responsibility I offer this Kellogg -government. It is perfectly manifest, that if P. B.S. Pinch- resolution-- back was entitled to a seat in this body, it was because the Legisla- Mr. ·w EST. Is there not a motion to adjourn t ture certifying to his credentials was a Legislature competent to elect The PRESIDING OFFICER, (Mr. BouTWELL.) The resolution can and Mcause the election took place at the time and place and in the only be received by unanimous consent. · mode prescribed by law and by an authority thus competent to elect, Mr. CONKLING. Let us hear it read for information. and if entitled on his credentials, that the certificate was signed by The PRESIDING OFFICER. It will be read. the governor of t.he State of Louisiana with the broad seal of that The Chief Clerk read the propoaed resolution of Mr. WHYTE, as State, and countersigned by the secretary of state of that 8tate. The follows: issu~ waa presented fairly and squarely by this side of the Chamber 112_ CONGRESSIONAL RECORD. MARCH 20, that he was not entitled to admission upon his credentials, first be- the Senator from Indiana know how to frame a resolution s~ as to cause the body electing him, as claimed, was not the Legislature of present. an idea Y Does not the Senator from New Jersey understand Louisiana; and second that, alt hough the name of W. P. Kellogg how to do it Y Does not the Senator from Rhode Island f Whv is it appeared to his credentials under the broad seal of the State of that we bave so many resolutions coming up one after the other cov- Louisiana, he was not the govemor of Louisiana, and was not there- ering exactly the same proposition Y Is it to catch the "valiety fore the authority which the ln.w prescribed for certifying the elec- and contrariety of opinions" among republicans Y The Pinch back tion of a Senator. If either of these propo itions were true in fact, ~·atter was passed over to December. As I have stated, that is in- then it was impossible lawfully to seat Pinchback as a member of separably connected with the resolution which is now before the this body; and the arguments on that ques tion were so clear, so lucid, Senate and they should bide the same fate. In all justiooy rn all as to leave no doubt on my mind. A mo t able and lucid argument fairness, if t.he one goes over to the seconu Monday in December, it upon that question wa,s made by the Senator from Michigan; [Mr. does seem to me that the other ought to go over to the same time. CHRISTIANCY,] a republican, and there was an unanswerable legal But again, sir, since these grave questions in regard to Louisiana argument made by the chairman of the Committee on the Judiciary, a.ffairs were first brought before tbe country, we 'have had other [Mr. EDMUNDS,] a rep~blican, on this point. The fact unquestion- sc~nes which shocked the civilized world, or at all events the En- ably existed as stated uy the Senator from Louisiana that there was glish-speaking portion of the civilized world. A thing has been done a "variety and contrariet y of opinion" on that side of the Chamber which has not been done for two hundred years, so far as my knowl- which prevented the seating of Pinchback, and although the. State edge of history goes, until it was done in the city of New Orleans on of Louisiana has been struggling for self-government for more than the 4th day of January of this year. The house of representatives two years, although the whole country has been excited for that long of the Legislature of Louisiana was in session and it was determined period; although the President of the United States had called upon to remove and did remove from that body a portion of the memuers Congress to settle the question, yet when we had come to a time sitting there, by au armed force not ordered by the speaker of the when the Senator from Indiana urged upon this body the settlement house. By no authority known to the law, a military officer marched of the question and he was supported in that appeal byihe distin- those men out at the point of the bayonet; and we are called upon guished Senator from Illinois [:Mr. LOGAN] on that side who told us to approve that. Will you do it Y I will not. that the peace, quiet, ancl harmony of this country demanded that Again, after all these disturbances, after the Durell infamy which the question stJould be settled, when it came to the point, for the has been spoken of in the many speeches that have been made and reason which was given uy the Senator from Louisiana that upon a published to the country from here and elsewhere, after that disturb- f¥t and square te t, stripped down to plain English, "we find that ance of the 4th of Jan nary last, after a portion of the elected members you will beat us on the vote; we cannot suumit; and therefore we had left the house, leaving not a quorum to do bu iness, by the ear- ask to postpone the question, 11 the postponement was carried, and nest efforts of good men an attempt was made to bringpeaee :.~.nd quiet party went above country . . and harmony to that distracted State, a committee of referees was Now, I a,sk if any Senator here can draw the distinction · between selected, a majority of whom belonged to t.he republican party. the legality and the validity of the Kellogg government and the le- That committee was agreed to by both contending partie , and the gality and validity of the claim of P . B. S. Pinchback t~ a seat in matter of relative claims to seats in the Legislature was submitted the Senate ¥ They are Siamese twins; they cannot be severed. If to them and they have recently held their se sion in the city of New Pinchuack is entitled to a seat here, it is because the bouy that York and the result of that.session is not officially promulgateu so elected him was a valid and legal Legislature; it is because his far as I know. I heard a pap~r 1·ead here the other evening making credentials are certified by a valid and legal governor; and when some statement in regard to it; but so far as any official knowledge you seat Pinchback, the quest.ion comes np at once, do you not con- has come to the Senate, we do not know what is the re~lt of that. cede the proposition that this Kellogg government is a. valid and a 1\fr. President, that is a difficulty among the people in Louisiana. If legal government Y And when you pass this do you not concede the people there, black and white, republicans and democrats, if the Pinch back's claim And yet the Pre ideut in his me sages has stated representatives of all the various elements which go to make up to the Congres of the United States and to the country that he can- Louisiana society have agreed among themselves in the interest of not tell who was elected at the election of 1872, anu ha.s urged upon peace, in the interest of ha.r mony, that they will leave the settlement Congress to determine that question for him. The able committee of the question to a party of gentlemen as referees whom they regard sent by this body to the city of New Orleans for the purpose of mak- as lion est and upright men, and by whose deci ion they solemnly ing that investigp.tion, when they came back reported to the Senate bind themselves to abide, and pending their settlement the weight that the election of 1872 was so steeped in fraud that it wa,s impos- of this Senate should be thrown in favor of the one or the other of sible to determine who was elected governor, and therefore they the contest ing parties there, I ask you if that would be fairY I ask recommended that Congress should take the matter in hand, and you if while that matter is undergoing settlement those commission- under authority of the Constitution to gua1;antee to each State a re- ers should not be left perfectly untrammeled, if the two contesting publican form of government should settle the question and bring parties in the State of Louisiana should not be left wholly untram- peace and quiet to that country. Then when the committee of the melecl I ask if it would be right, if it would ue just, if it would be House of Repres ntatives was sent down last winter to inquire into fair dealing between man and man, if it would be in the interest of more recent affairs we find that theii· reports upon a sub equent por- peace to a distracted country, for a body with the powers of the Sen- tion of Louisia.na affairs corresponded in the general outlook with ate of .t he United States, with the dignity of the Senate of the United the report of the committee of the Senate. It is true that the la t States, to throw by an approval of the acts which have ueen so con- report covers the time from the 4th of January last and a short demned by the people of Louisiana and by a large portion of this time anteoouent, and it i. true that the. report of the Senate commit- whole country the weight of this body in the scales on the one sid~ tee referred mainly~ the election of 187:J ;· but it is all one contin- and against the other in the settlemen~ of that controversy f 'Vould ued series; and when we are called upon to approve and inuorse tliat be fairY Would that be just Y lf peace is what we want, they the action of the Pl·esident in that matter we are called upon to have selected their mode of bringing about that peace. After the approve and indorse every act from tile time Durell issued his mid- earnest entreaties of theil· best men urging all the people to come to- night order down to the time that representatives were excluded gether and reconcile their differences they have so got their different from the Legislature of Louisiana at the point of the bayonet by elements together, divifled as heywerein the outsett thattheyha\e General De Trobriand. agreed to a compromise and settlement of the difficulty. If they have· That first resolution of the Senator from Indiana (the Pinchback done that and that negotiation for a settlement i going on, would resolution) was, by a vote of the majority of this bouy, postponed to it be right for the Senate, the President, or anybody on this earth to the second Monday of December 'next, against the solid vote of the interfere with the deliberations of these referees and the efforts of democrats. From that time on we heard nothing more of t.he second these people for amicable aense Y the majority- I may be mistaken ; we are all very fallible and are all The PRESIDL.~G OFFICER. The question is on the amendment often swayed by our party feelin~s-but I express the hope that if I of the Senator fTOm West Virginia, upon which the yeas and nays stood here with the party with whiCh I act in power, under the circum- have been ordered. The Secretary will call the roll. stances which exist a.s to the subject of this resolution, whatever Mr. RANSOM. On this question, as I have stated, I am pairedinall might be my opinion individually in reference to the action of the its phases with the Senator ft·om Pennsylvania, [Mr. CAMERON.] Executive, I should oppose the adoption by the Senate of a resolution Mr. SHERMAN. On this question I am temporarily paired with approving of the action of the . President on subjects like those re- the Senator from Kentucky, [1\fr. STEVENSON.] If he were pres- ferred to 1n this resolution. ent I should vote "nay" and I presume he would vote "yea." .Another suggestion in reference to the propriety of this action. I Mr. McCREE:RrY. I am paired on this vote with the Senator do not mean to say that gentlemen who differ from me are not acting from Nevada, [1\fr. JoNEs.] from motives as high as any that I could claim for myself. But what The question being taken by yeas and nays, resulted-yeas 16, nays are the circumstances f Is it not true that in reference to unfortu- 23; as follows : nate Louisiana, in reference to the people of that State of both races, YEAS-Messrs. Bayard, Bogy, Caperton, Cockrell, Cooper, Da.vis1 Gordon, John- white and colored, who are suffering much, that there is much of son of Tenne~see, Jones. of Florida, McDonald, Norwood, Randolph, Saulsbury, feeling, much of passion, much of division among the people of the WalL'loo, Wbtte, and Wtthers-16. . NAYS-Messrs. Allison, Anthony, Boutwell, Bruce, Cameron of Wisconsin, country Y A.cts have been done there, nndorstood by some one way Christi:mcy, Conkling, Cragin, Fe~y of Mic~~n, Frelinghuysen, Harvey, Hitch- and by others differently, a~ts which are denounced by good men of cock, Howe, Ingalls, Logan, McMillan, Morrill of Vermont, Morton, Oglesby, Pad- the party in power, acts which are excused by good men of the party dock, Patterson, Robertaon, and VtTest-23. in power as I doubt not. But what is the practical condition to-day ABSENT-Messrs. 4J.corri, Booth, Burnside, Cameron of Pennsylvania, Clayton, Conover, Dawes, Denms, Dorsey, Eaton, Edmunds Ferry of Connecticut, Q.{)ld- of Louisianaf Under the auspices of members of influence in the thwai.te, Hamilton, Hamlin, Johnston of Virginia, J~nesof Nevada., Kelly, Kernan, party in power in the Federal Government, action has been had, if McCreery, Maxey, Merrimon, Mitchell, MoiT.ill of Ma.i ne Ransom Saro-ent, Sher- not with the advice yet as reported through the press with the ap- man, Spencer, Stevenson, Thurman, Warved, it is preserved for the ben- strong arm of the Federal Government of one faction there will claim efit of us all. I. ask yon are you willing to pass an ambiguous resolu- that this Senate of the United States, this body of men charged, so tion that it will be claimed, whether it be so intendea or not, ap- far as it has authority, with the high duty of seeing to it that there proves an act like that by Federal authorityf is no action by the President which shall endanger the liberties of the I a~ee with Senators who a,re opposed to me politically that it citizen or which shall deprive the people of any State of the man- woulu not be proper for this body at this time to pass a resolution. agement of their own affairs in subordinance to the United States censurins: the President on account of this act. . It would excite par- Constitution, a-pproves what f It seems to me they will say, and tisan feeling. L et it go before the people, whowillcorrect it if they with justice, that the Senate by adopting this resolution approves disapprove it, and let us do our duty here and not attempt to indulg6 what was done by the .Army of the United States in the legislative in resolutions on a subject fraught with so much that is exciting and hall of Louisiana on t.h e 4th of J auuary last. Do gentlemen desire so much that engenders irritation among the people, and among the to express their approval of that f I am not going to recount it; people especially of Louisiana. Senators are familiar with it by the reports of their own committees I do not wish to be misunderstood. I do not intend in the remarks to some extent, and familiar with it by the report of the House com- which I make here to charge anything on this subject beyond calling mittee, which was laid before the House just before its adjournment, attention to the construction which will be given to this resolution a report which I have only read hastily to-day. What do they tell if ~dopted. I ask Senator~ w~ether they wo~d not rather go to you in that report signed by Mr. Foster, by Mr. Phelps, and by 1\Ir. tbeu graves than to have 1t sa1d that they did approve of an act Potter, and so far as I know concurred in by Mr. Hoar, for he appends like this of the 4th of January in republican America Y It is an act a note to itT They a-dopted this report, and what does it showY I destruct.ive of all free government. It is an act that would not be a,sk Senators t~ rea-d it, and remember that they are making a prece- tolerat.ed for a moment by the legislature t.hat sits under a monarchy dent, if they approve the action then and there bad, which will be in England. If an officer of the British army with soldiers should very dangerous to the welfare and perpetuity of our Union of States. march into Parliament and put members out of their seats, that peo- The use made of the .Army in Louisiana on that day points a way by ple, though they live under a monarchy and have not the notions of which the government of every State may be overthrown. local government and liberty in all respects which we have, would That report shows, Mr. President, that there was an election in shake from his throne the monarch who did not rebuke such an act Louisiana in 1874 for members of the Legislature and that on the and rebuke it speedily. Has the officer who did this act been re- whole it was a peaceful election. It shows that the members of the buked or reprimanded Y This act was done on the 4th day of J a.nu- Legislature assembled on the 4th of January, 1875, with a view to ary, and on the 5th of January information of it was flashed all over organize at the place prescribed by law. It shows that some mem- this country, every portion of the country was informed that this act bers were expelled by the military power of the United States who, had been done by a Federal officer, Colonel De Trobriand, who I be- if the report is to be relied upon, were fairly and clearly elected. lieve no man pretends had any desire personally to do anything but But I am not going to discuss whether they were or not. That is not his duty; and you find that whether General Sheridan was actually the question that I think we should look to. They went there claim- in command, as I suppose he was, or some one under him, he sends ing seats. They were admitted to seats and took the oath of office. an extraordinary telegram on the 5th of January to the Secretary of The Legislature was organized by the appointment of a speaker and War. You have all read it. We all knew when we read it that the a clerk. That body admitted the five men of whom I speak, whose Legislature of Louisiana had been invaded by Federal soldiers, that seats I will concede were contested, and for all the purposes of my men who sat there and who this committee say left their homes argument I may admit that they could have been successfully con- never having beard that their seats were contested and who were tested. They were proceeding in a peaceable manner to appoint a legally elected and had the legal returns, had been expelled from the committee and I believe had appointed a committee to examine the legislative body where they sat representing their disti-icts, by an contested seats. There was no riot there nothing..vorthy of the name offi.cer and soldiers of the Federal .Army, and others seated in their of "domestic violence" in the sense in whlch that term is used in Qur places. This was known when General Sheridan sent his telegram Constitution; an officer of the Federal .Army with his soldiers comes asking for an act of Congress or a proclamation by the President de- in; he informs that legislative body, as he might with equal right in- claring the" white-leaguers" banditti that he might try them by fm·m you in this Hall, that be desires to putout of their places a certain military commission. number of the members whom he names. He brings a person into And this is suggested in a land where we profess to have personal that legislative body to identify them. The report shows there were liberty secured by ~arantees in every constitution that no man no persons inside of that hall but members who had uncontested shall be touched in life, liberty, or property except by due process of seats and these whose seats were contested and who had been ad- law! I am not aware that there waa any response rebuking tho mitted to seats by the house. Without dwelling upon it, the officer Lieutenant-General for proposing this; but on the 7th of January, · says to that legislative body that be is ordered to, and he does at the with full knowledge I assume-for everybody else knew it-of what point of the bayonet by the power of the .Army of the United States, bad been done on the 4th, a response is sent to General Sheridan uy 11ut the five members out of their seats and admit others in their the Secretary of War-one who is nea.r to the President-and what places. That is done in a. government where there is in the State is it Y It is as follows: constitution the same provision which is in the Constitution under WAR DEPARTMENT, Washit~glon Oity, January7, 1875. which you, Senators, meet, that each house shall be the judge of the General P. H. SHERIDAN, elections, qualifications, and returns of its members. The Legisla.- New Orieans, Louisiana: ture is changed in its political complexion by those who are put out Your tele~ all received. The President :md all of us ha.ve full confidence and by the addition of those who are brought in. and thoroughly approve your course. Now do not misunderstand me. It would be unworthy of the ques- · WM. W. BELKNAP, tion for me to argue here whether those men were rightfully in or Secretary of War. not. This report signed by men of the same political party with the A Lieutena,nt-General is in a distant State i he has soldiers under his 1875. CONGRESSIONAL RECORD. 115 command· a. Legislature convenes in that State; there is no insur- I ask Senators how long it would take a President to have in every rection; there is no domestic violence that any police could not deal State such a government as he wished if this mode is approved and with at once; and an officer under him walks into the legislative hall practiced If such orders can be rightfully enforced by the Presi- and calls off the names of certain men and he puts them out at tho dent, or those acting under him, with the Army of the United States, point of the bayonet, and two days afterward from the Secretary of bow long will it take to overt.hrow the State governments unless War at the capital, in daily communication with the President as I they re£Ort to resistance Y Your Federal appointees can get up a. have aright to assume, consulting the President, there is telegraphed pretense of an order like this, and they can exclude the real Legisla- back not a rebuke, "You have transcended your duty or your orders," tme from the State-house by taking possession of it; the marshal not warning him that in this land no soldier from the Lieutenant- can let in those who desire to orgaruze the Legislature on different General .down has a right to do such an act, no protest on behalf of principles and of a different character born what the majority of the liberty and right, no admonition that be ha-d made a mistake, but people of the State have decided, and the·Federal bayonets protect it, "\Ve have full confidence and thoroughly approve your course." All and the will of the people is trampled in the dust l You have the this occurred in January, and this Senate s~tting here in March, con- mere shell and form of a republican government, but its vitality, its vened for extraordinary purposes at the will of the President, is asked power to protect and. perpetuate itself, is taken away if the Federal to pass a resolution that t.he act of the President in protectin~ the Army be strong enough to do it. government in Louisiana of which W. P. Kellogg is the e:x:ecutive is I ask gentlemen, in view of these facts, read them any way you approved. please, of the last two years, especially in view of these two marked If this resolution means only that we approve of his fulfilling his instances of interference by soldiers, the one under the pretense of constitutional duties when there is insurrection or domestic violence protecting from domestic violence when there was nothing worthy ot and when the Legislature calls for aid to suppress it or when it can- the name, and the other under the pretense of enforcing an order of not be convened and the President is ca.Ued upon by the governor the United States court which your committee says was void and void to suppress it, then there is surely no reason for its passage. Why on its face, void on the record, which was upon the evidence a mere should it be passed if that is all there is of it Y It will be understood pretense and sham to prevent the meeting of the Legislature that as a resolution approving of the action of the military in invading had color of election, that had the majority of the votes cast-! ask the Legislature of Louisiana. Here is a general r esolution of ap- how long will State governments last if under the pretense of enforc- proval passed in March when this invasion of the Legislature of ing such an order the Army of the United States can be nsed by the Louisiana has been the theme o.f discussion in . the · press, in public marshal to enforce the order and thus overthrow a State govern- meetings without regard to party all through the coUJ't ry, and those mentY meetings and the press have denounced in very strong terms this How long can our Government last if the Senate of the United a-ction of the military and have protested on behalf o.f liberty and States, that which is looked to as the most conservative body, the our republican form of government most earnestly a.gainst this act freest from passion and party heat, th(} great conservator in our form of the Federal Army in January. Is it wise in view o.f these facts of government, can, when such matters have been prominently before to pass a resolution which, if it does not mean in the minds of those the country for two years, pass a. resolution which will be read asap.- who propose it tQ approve that action, certainly can be claimed and proving all that has been done Y Is it wise; is it just toward either will be believed to be an approval f I fear it is sought as an ap- party in this contest? Is it not. fair to leave the Executive to do his proval of that action by some. I believe it will be a very dangerous duty as he understands it, and say nothin~ of approval or disap- precedent. I believe that in times of party beats, when party feeling proval in this body now Y Leave the people of Louisiana with the runs high, this resolution if adopted will be a precedent which will conviction impressed upon them by the Wheeler committee that they be used to encourage action by those in power in violation of the must settle down and arrree to some arrangement by which they will Constitution and dangerous to liberty and self-government. have local government, by which theywillhave peace, by which they We are asked also in this resolution to approve the action of the will have prosperity again. Give to no faction m that State encour- President in "enforcing the laws of the United States in that State." agement that they will be sustained by the Federal authority in any Of course it is his duty to see that the laws are enforced. If that is such conduct as is described in the report of your committee. all it means, why is it to be passed f Why should there have been, Domestic violence, insurrection, does not mean such squabble as if that is all it means, this long labor to word it so as to unite a ma- was going on for the possession of that legislative hall and that Leg- jority of the body to pass it at aJl Y But when we remember that for islature in January last. The State had power to keep the peace. the past two years the subject that has been most discussed in this There was no insurrection or violence whlch could not have been put and the other House in regard to Louisiana, the subject that has occu- down without Federal troops. Can we shut our eyes to the fact that pied the minds of the people from one end of the country to the other the interference was for the purpose of having one party get political has been the action of the Executive or t.hose acting under him in control of the Legislature against the other Y creating and upholding the Kello(J'g government in Louisiana; is Therefore, :Mr. President, 1t seems to me that no resolution in gen- not this resolution an attempt to have this body approve of that eral terms approving the acts I have ref~rred to and others of a sim- action Y ilar character should be passed by the Senate. It can do no good. It I am not going to discuss that question. The Federal power, the may do great harm. If this resolution is adopted, it will be invoked Army, was used to enforce the order of Judge Durell; this set up and aa authority for similar acts of outrage by military power in the sustained the Kellogg government. We are familiar with this order future. and the action under it. It seems to me that we are passing a resolution which may be of There was an election in Louisiana in 1872. A body of men were very great detriment. No evil will come from its being omitted; returned as elected members of the Legislature; I do not know great evils may come from ita being passed, both from the fa-ct that whether rightfully or not; but they were the only ones, as the commit- it may be used to encourage partisan men in Louisiana t-o renew the tee of this body known as the Carpenter committee says, who bad struggle which there hils been an effort to settle, and from the fa{}t any colorable right to sit as a Legislature. There may have been that it will be used 3!8 a precedent in the future when there are party frauds. It may be true that there· were frauds and intimidations strifes in States of this character and when the party which chances which would have authorized the setting aside of that election; to be in accord with the Federal administration and in a minority in but they were the only men who were elected, who had the 1·eturns, a State may appeal to it for aid and thus real republican government who had color of authority as a Legislature. A judge at night, who may be overthrown. It is a resolution which should not be a{}ted the United States marshal with some vehemence, a-ccording to the upon or adopted. We are not here with a view to any action on this report, swears was sober when he signed it, made an order in a suit subject; if adopted, it will be but the expression of the opinions or in the United States court to perpetuate testimony so that men could feelings of a bare party majority. Better leave such expressions to have a chance to contest the election-an order which commanded party political conventions. Packard, the marshal of the United States, to take possession of Therefore I urge each Senator to realize how he would regard this the State-house, to exclude all men claiming under any color or matter had this action by the Federal Government been taken in the pretense of authority from the returns of a certain board, to keep State he represents. Would he not feel that the rights of~ himself them all out of the State-house, but providing nevertheless that he, and the people of his State had been trampled down and that a seri- t.he marshal, should not exclude any one having a right to go in. ous blow had been struck at republicangovernmentandcivillibertyt Tha.t was the substance of the order; in a word, making :Mr. Mar- I trust, Mr. President, that the resolution will not pass. I do shal Packard, who seems to have been a pretty warm partisan in not believe its adoption will even be advantageous to the politi- Sta.te matters down there, the exclusive judge of who should go cal party of our opponents. The American people do not approve into that State-house as members and make up a Legislature. The this action in Louisiana, and they will not approve the adoption by President authorized the Federal troops to sustain Packard in exe- the Senate of this resolution. If it means what it imports to me, cuting this order of Durell's, and the troops were brought in and they in view of the transactions in reference to which it was drawn, it did sustain Packard in enforcing that order, to wit, in keeping out approves that against which every Americ~n, if he hopes that our every man who had color of an election to the Legislature, and letting government, national and State, shall live, m,ust utter his earnest in as members those who had no colorable claim whatever to have protest every time it is alluded to either in the halls of legislation been elected. The Federal .Army was brought in to enforce that or in peaceful meetings of the people when they assemble tu take order and to protect the Legislature thus set up by Packard by virtue counsel together as to their public affaira. of Durell's order. The same power protected Kellogg, who acted as Mr. EATON. Mr. President, I regrat exceedingly that the ma- governor. jority on this floor have declined to permit gentlemen who desire to Is that the action of the President in enforcing the laws of the address the Senate upon this resolution, I will not say the courtesy- l~nited States which yon wish to approve ofY Think of it a moment! for I will not u ~ ~ h~h term-=hu~ h~v~. ~((c@ q ~tter we ha<\ 116 • CONGRESSIONAL RECORD. MARCH 20, assured them on the honor of Senators that there would be no factious son: .A. Constitution was formed, and by the terms of that instrument opposition to this resolution, no consumption of time unnecessarily, it did not take effect until a certain number of States adopted and to permit the discussion to go on in the ordinary way. I did not ratified it. A certain number of Statest~eleven, adopted and ratified intend on this occasion to trouble the Senate with any remarks; I the Constitution of the United States. .Nine wa-s the minimum limit. have matured none, and lam not well to-night. I am unfit physically Now what became of that little Commonwealth so ably represented to address this body; but, sir, this resolution cannot pass until I have on this floor by my distinguished friend from Rhode Island, [Mr. given my opinions with relation to its demerits. ANTHoNY f] She wa-s out in the cold a year and a half. What was Mr. BAYARD. With the consent of the Senator from Connecticut, she f I beg to ask my friend, the senior representative from Rhode as it is now after nine o'clock, leaving but three hours between this Island, what wa-s she for that year and a half f Not a member of this time and Sunday morning for the discus ion of this matter, I move Union; not a member of this coufedemcy of States. What was she that the Senate adjourn. then Y She was one of the sovereign powers of the earth, small The PRESIDING OFFICER, (at nine o'clock and twelve minutes though she was, and floated her glorious little flag over every ea. p. m.) The Senator from Delaware moves that the Senate do now Neither of the gentlemen from Rhode Island will deny that she was adjourn. an independent, sovereign power of the earth. What was North Car- Mr. CONKLING called for the yeas and nays; and they were olina, that refused to come into the Union Y One of the sovereign ordered. powers of the earth, aud every Senator knows it. Yet we are told The Secretary proceeded to call the roll. here that there are no independent States! Those States were sover- Mr. BURNSIDE, (after having voted in the negative.) I notice eign and independent, owing no allegiance to the Constitution of that the Senator from Ohio [1\fr. THUIDIAN] is not in his seat and the United States. They had delegated no powers to the Federal we paired with each other. Therefore I withdraw my vote. Government. What did they lose ; I beg to a k the honorable Sen- The result wa-s announced-yeas 20, nays 24; as follows : ator from Rhode Island what did Rhode Island lose of its sovereigntv YEAS-Messrs. Bayard, Bogy, Caperton, Cockrell, Cooper, Davis, Eaton, Gordon, when it came into the Union except the powers that it delegated ~ Johnson of Tennessee, Jones of Florida, K ernan, McCreery, Maxey, Norwood, the Federal Government f If there be a member of this honorable Randolph, Ransom, Saulsbury, Wallace, \Vbyte, and Withers-20. Senate who denies that proposition, I should dearly like to give him NAYS-Messrs, Allison, Anthony, Boutwell, Bruce, Cameron of Wisconsin, Christiancy, Conkling, Dorsey, Edmunds, F erry of Michigan, Frelinghuysen, part of my time to do it. I announce that every State in thi.s con- Harvey, Hitchcock, Howe, lngalls, Logan, McMillan, Morrill of Vermont, Oglesby, federacy is sovereign, is independent, a-s sovereign and independent Patterson, Robertson, Sherman Spencer, and West-24. as it was in 1786, except in the powers that it has delegated by the .ABSENT-Messrs. .Alcorn, Booth, Burnside, Cameron of P ennsylvania., Clay- Constitution, and-I defy any man or Senator to successfully contro- ton, Conover, Cragin, Dawes, Dennis, F erry of Connecticut, Goltlthwaite, Hamilton, Hamlin, Johnston of Virginia, Jones of· Nevada, K elly, McDonald, Merrimon, vert it here or anywhere, now or at any other time. It is necessary · Mitchell, Morrill of Maine, Morton, Paddock, Sargent, Stevenson, Thurman, Wad- to talk about this when you speak of this infamous resolution which leigh, Windom, and Wright-28. is before the Senate, and I will show it to be infamous before I get So the Senate refused to adjourn. through if my strength serves me. Mr. EATON. I have no doubt that my distinguished friend from Mr. .ANTHONY. If the Senator appeals to me, I beg to say a word. Delaware made this motion because he believed th~ I was unable to I presume he does not hold that a State which cannot coin money, go on upon this occasion. I regretted a.t the time that he ma-de the nor raise an army, nor maintain a fleet, nor enter into foreign alliance, motion, and I trust that neither he nor any one else will a-sk the is sovereign unless the agent to which the State has delegated those courtesy of the majority of the Senate on my acconnt, whether I be powers is bound to surrender them at her demand. I presume he in good health or ill health. does not hold that a State is completely sovereign in this Union un- Mr. President, it will not do any harm in the consideration of this less she has a right to resume all that she gave to the Union and go resolution for a few minutes to direct attention to the nature of the out at her plea-sure. Government under which we used ·t o live; whether we do now or not Mr. EATON. The Senator from Rhode Island sticks in the bark. is another question. Let us examine into its characteristics somewhat. I have said no such thing. I do not propose to be drawn into the Let us see whether this resolution introduced by -t he Senator from question of secession. I never happened to be a secessionist, and I Rhode Island travels out of the Constitution and records of our fathers. do not believe I shall begin at this day. I said this, and I say it What is this Goveriunent f I heard an honorable Senator on this floor again, let the Senator from Rhode Island or any other man or lawyer within the last twenty days call it "a sovereign nation." A cm·ious deny it if he can, that in every respect except the powers delegated idea that Senator has of a representative republic. This Government by the Constitution of the Unit-ed States each State in this Union is of ours, this great confederation of States, is not a nation, it is a con- sovereign, sovereign in the institution of marriage, sovereign in all federacy of nations, it is composed of sovereignties. I know the hon- the laws it may pass with regard to property, sovereign in everything orable Senator from Indiana [Mr.l\IORTON] said in his seat the other except the powers that it has delegated to the Federal Government. night that there were no such things as independent, sovereign States. Mr. .ANTHONY. That is tosaya Stateissovereignineveryrespect The Supreme Court says there are such things. Therefore the Supreme except in those respects in which it is not sovereign. [Laughter.] Court and the honorable Senator from Indiana are at loggerheads. Mr. EATON. Exactly, and the United States Government is sov- There is another thing about it that interests me somewhat a-s a Con- ereign in every respect except in those respects in which it is not sov- necticut man. The constitution of Connecticut says so. Otherwise ereign. [Laughter.] no man can become a citizen of Connecticut. If the honorable Sena- I thank thee, sir, for teaching me that word. tor from Indiana wished to move to Connecticut (and I wish that .he might go there to enjoy the bra-cing breezes of our salt air) he could Exactly so. The Government of the United States is sovereign never vote in Connecticut unless another amendment of the Consti- with regard to coining money; the Government of the United States tution of the United States is passed for his especial benefit-no man is sovereign in regard to declaring war; but it has no power with votes in the State of Connecticut until he holds his hand up before regard to the disposition of property; it has no power in regard to God and man and swears to support the constitution and government the thousand things that go to make up the sum of human happiness of Connecticut as a free and independent State. What is "a free and and. human misery. All those things are left to the States them- independent State," let me ask the honorable Senator from Indiana f selves. Does the gentleman understand me now in what I mean with What is independence as applied to statehood f My State is a sov- reo-ard to the sovereignty of the States f · ereign State, though a small one. I -in part represent a sovereign 'Kir. .ANTHONY. Not precisely. I do not understand that the State on the floor of this Senate, not a province. United States ha-s not sovereignty in regard to property. The United Mr. President, let us look at this matter for one moment; it will States can tax your property, can issue execution to com_pel the pay- do us good, all of us. The States of this Union not sovereign! Is it ment of the tax, and sell it for forfeiture. I think that is a pretty in the power of the United States Government to interfere with the important power over property. laws of property in New Jersey, I ask the honorable Senator from Mr. EATON. So can the State do it. New Jersey 'I' Can the Congress of the United States with the Presi- Mr . .ANTHONY. But the Senator from Connecticut did not reply dent of the United _States and with the .Army of the United States to the question which I asked him when I answered his. He says interfere with the most sacred institution known on earth in the that the States are sovereign in everything except in those powers of State of New Jersey, I beg to ask the honorable Senator from New sovereignty which they have ceded, which they have delegated to Jersey; and is not New Jersey a sovereign State Y Sovereign in their agent, the Federal Government. everything the States of this Union are except in the powers dele- ])lr. EATON. That wa-s not just what I said. gated to this organ of theirs, the Federal Government. And a "na- ])lr. ANTHONY. That is what I understood the Senator to say. tion," is it f Sir, I should disgrace my own State, I should forget the Mr. EATON. It was pretty near it. I did not use the word" sov- names of Ellsworth and Sherman if I did not denounce that heresy. ereign" there.. I said the States were sovereign except in the powers- Six times in the convention that formed the Constitution of the not sovereign powers-which they had delegated to the Federal Gov- United States did two Connecticut men prevent the word "national" ernment. from going into the Federal Constitution and insert the word "Fed- Mr. .ANTHONY. Then, if the States cannot resume those powers, eral" instead of ''national;" and yet I am told that there are no inde- are they sovereign' pendent States and that this is one great consolidated empire! 1\Ir. EATON. 0, I have not yet said that they were sovereign ex- Mr. President, I will not consume a great deal of time upon this cept in the powers which they retained. In those powers they are branch of an unstudied speech. Therefore gentlemen on the other sovereign. side need not be alarmed if I should begin at the close of the revolu- Mr. .ANTHONY. But the Senator said that the States were sov- tionary war, for I agree that I will not take a great deal of time be- ereign- When you say a State is sovereign you mean completely tween that period and the present. I only allude to it for this rea- sovereign-" every inch a king." 1875. CONGRESSIONAL RECORD. 117 Mr. EATON. I have not said so. If the Senator from Rhode Island Mr. ANTHONY. Well, l\Ir. President, the Senator raises up his own says so, I beg to know what power there is on this continent that is enemies and he can very easily subdue them. My friend from Dela- sovereign in every particular 'I ware is mistaken when he says that the declarations on the other side Mr. EDl\IUNDS. I do not know any. that they were not making factious opposition have been distrusted. Mr. EATON. If the Senator from Rhode Island has not been prop- On the contrary, I stated distinctly that we received them in perfect erly answered, it is because I do not feel quite well to-night, and do good faith, and the whole debate has given evidence of the sincerity not take time to go on Monday morning, and therefore I go on now. with which the declaration was made. But we say that if we cannot Sir, I hold this, and am perfectly ready to be questioned by any gen- have a time fixed for taking this vote, we must have the control of tleman, that the Government of the United States hasnopowerwhich the time. If Senators on the other side will fix the time for the close originally belonged to the Stat.es except such as the States have del- of the debate, if they will fix it on Wednesday at twelve o'clock or at egated. That is my position exactly. I desire the position to be dis- one o'clock, they may use the intervening time just as they see fit tinctly understood, for I stand upon it here and everywhere, that the and adjourn as early each day as they please. Government of the United States has no powers except such as have :Mr. SAULSBURY. So far as I am concerned, I am perfectly will- been delegated by the States of the Union. The Stat-es formed this ing that gentlemen on the other side shall conduct this debate in Government; this Government did not form the States. I know a their own style. We have said to them candidly and frankly that distinguished gentleman, now dead and gone, said t.hat this Govern- there were gentlemen on this side of the Chamber who were unwill- ment formed the States just as the States form counties. That is a ing to enter into an arrangement to take the vote at any particular heresy, and every lawyer and every reader of constitutional law knows time; but at the same time we have accompanied it with the a sur- it is a heresy. This Union was formed by the States, and they are ance that no factious opposition was contemplated or desired. With equal. Representation makes a State. The little State of Rhode that declaration I think our word might be taken. If, however, Island, the little State of Connecticut, and the little State of Dela- gentlemen are not willing to acquiesce in that, then I say for one let ware stand on this :floor the equals of Pennsylvania, of New York, and them select their own time to terminate this debate. For one, I say, of Ohio. Why 'I Because of State sovereignty. That is the reason, I will not consent to :fix an hour or a day; but I will do this: I will and there is no other reason on earth ; and every Senator knows it consent that when proper, fair, and legitimate debate is terminated, if he will give it his careful attention. Connecticut with six hun- I will make no factious opposition to taking the vote, provided we dred thousand inhabitants is the equal of New York with its five are treated properly. But if we are driven to the nse of such parlia- millions. God forbid that I as the representative of one of the smaller mentary tactics as we may legitimately employ, I willnotpledge my- States should so far forget not only my patriotism but my love of self, unless thex:e is a proper courtesy extended to this side of the the States as to admit that this is a government of majorities. There House, that we will not resort to them. is no greater heresy known on the face of God's footstool than that. :Mr. ANTHONY. Well, l\1r. President, my friend says an undis- This is a government of States-equal States, sovereign States, inde- puted thing in a very solemn way. Nobody disputes the sincerity of pendent States. When it ceases to be a government of that charac- the declaration that has been made on the other side, and we· have ter, may it be long after I have laid my bones in the soil near my own distinctly admitted it; cert.ainly I have expressly done' so. Now, if river! the Senators will agree that the vote shall be taken on Wednesday That is the nature of this Government, in brief, formed by inde- at one o'clock, I have no donbt it will be acceded to on this side. pendent sovereignties, formed by free States, formed by equal States. Mr. BAYARD. I hope that the vote will not be postponed half so It may be deemed a heresy at this late day, but it was not heresy long, but we do not propose to treat this measure otherwise than in when Jefferson and Madison lived. This, then, is the nature of the the orderly and usual mariner ; and to have a measure put upon us Government, a federal representative republic of equal sovereign- instantly without time for consideration I object, and I say to ihose ties, States of equal power. who urge it, we will talk it out at our pleasure. Another thing gentlemen ouuht to recollect, and that is that in a Mr. ANTHONY. This question has only been debated about two certain contingency the little S'tate of Delaware, the little State of years; a.nd of course it is now sprung on the Senate! I think we had Rhode Island, bas the same voice in the election of a President that better have it go on. the State of New York has. Whenever there are three candidates The PRESIDENT p1·o temp01·e. The yeas and nays are called for on and no election by the people and it is thrown into the House of the motion to adjourn. Representatives, then Delaware has the same power that New York The yeas and nays were ordered; and being ta-ken, resulted-yeas has-, Rhode Island the same power that Pennsylvania has, and Ver- 21, nays 26; as follows : mont the same power that Ohio haa; and long may it be so. As my YEAS-Messrs. Bayard., Bogy, Caperton, Cockrell, Cooper, Davis, Eaton, Gordon, friend from Delaware [Mr. BAYARD] suggests to me-and I thank Johnson of Tennessee, Jones of Florida, Kernan, McCreery, Maxey, Norwood, him for the suggestion-the sovereign power of Delaware prevented Randolph, Ransom, Saulsbury, Thurman, Wallace, Whyte, and Wij;hers-21. the election of Aaron Burr to the Presidency. NAYS-Messrs. Allison, Anthony, Boutwell, Brnce, "Enrnside, Cameron of Wis· cousin, Christiancy, Conkling, Cra~, Dorsey, Edmunds, Ferry of :Michigan, Mr. McCREERY, (at nine o'clock and forty-five minutes p.m.) I Frelinghuysen, Harvey, Hitchcock, .ttowe, Logan, McMillan, Morrill of Vermont, should like to postpone the hearing of the Senator from Connecticut, Oglesby, Paddock, Patterson, Robertson, Sherman, Spencer, and West-26. and I believe I will make one further appeal to the courtesy of this ABSENT-Messrs. Alcorn, Booth, Cameron of Pennsylvania, Clayton., Conover, House. If it is the desire of the majority to sit this measure out, they Dawes, Dennis, F erry of Connecticut, Goldthwaite, Hamilton, ~. Ingalls, Johnston of Virginia, Jones of Nevada, Kelly, McDonald, MeiTimon, Mitchell, can do it on Tuesday night. I appeal to them to vote for a motion MoiTill of Maine, Morton, Sargent, Stevenson, Wadleigh, Windom, and Wright-25. now to adjourn. :Mr. ANTHONY. Is the Senator authorized to state that the Sena- So the Senate refused to adjourn. . tors on the other side will agree to the proposition to vote on Tuesday The PRESIDENT p1·o ternpore. The Senator from Connecticut is night 'I entitled to the floor. Mr. McCREERY. I say that the majority can sit it out on Tuesday Mr. EATON. l\1r. President, I was observing that such was the night if they choose. . nature of our Federal Government. When I remarked that the Su- Mr. ANTHONY. The majority can sit it out at any time. If the preme Court of the United States had decided precisely as I claim, I Senators on the other side will agree that the vote shall be taken on notioed a smile of derision npon the fac.e of one of my honorable friends Tuesday night at any time, as long as they choose to prolong debate, on t.he other side; and therefore I beg leave to read from Wallace's I have no doubt the Senators on this side will accede to it. 1 . Reports, volume 14, page 113, the case of The Collector t•s. Day. The Mr. McCREERY. .A.s far aa I am concerned, I will make the agree- head-note of the case is this: ment. [Laughter.] I make the motion that the Senate now adjourn. It is not competent for Congress, under the Constitution of the U.nited States, to impose a tax upon the salary of a judicial officer of a State. The PRESIDENT pro tempm·e. The Senator from Kentucky moves . that the Senate adjourn . But the State can. That is not in the book; that is the a sertion Mr. ANTHONY. Unless there ~s an understanding of that kind, it of the speaker. I say it is competent for the State of Connecticut, or is of no use to make a motion to a-djourn. Massachusetts, or New Jersey, to tax the salary of a judge, but not l\Ir. SAULSBURY. I will state that it haa been several times for the United States to do it. I read now from the one hundred and annolinced that we had no factious opposition to make. It has twenty-fourth page, because I find here precisely the same idea and l>een repeatedly asserted that we on this side did not intend or very nearly the same language which I used myself : desire to make any factious opposition to the passage of this reso- It is a. familiar rnle of construction of the Constitution. of the Union, that the lution. Our word haa been delivered here in the open Senate; it sovereign powers vested in the State governments by their respective constitutions has been distrusted. I say that distrust would now justify us, if we remained unaltered and unimpaired, except so far as they were granted to tile think proper, in resorting to faction in order to prevent this vote. Government of the United State . That the intention of the framers of the Con- stitution in this respect might not be misunderstood this rule of interpretation is We have stated that while we were unwilling to announce that we expressly declared m the tenth article of the amen~ents, namely, " the powers would agree that t.he vote should be taken at any particular hour or not dele~ated to the United States are reserved to the States respectively, or t~ any particular day, nevertheless when legitimate debate on this the people." The Government of the United States, therefore- question was terminated we would make no factious opposition; and Mark it, 11-lr. Preside.nt- yet our declarations on this point have been distrusted by the other The Government of the United States, therefore, can claim no powers which are. sicle, and I say that it would now, if we saw proper, justify us before not granted to it by the Constitution, and the powersa.ctually granted mns·t be suclt the country and before the world in resorting to factious opposition as are expressly given, or given. by necessary implication. if we saw proper. I hope we shall not be driven to that extremity. A little more of this document may be wholesome. It is not old; Legitimate warfare I am always ready to enter into; I do not want this is in 1870, decided by a full court : to enter into any other; but if driven to extremities, then for one I The General Governmeut and the StM.es, although both exist within the same will defend myself by all the powers which God and nature have put territorial limits, are separate and distinct sovereignties, acting separately and in- in my bands. depeudent of each other, within their respective spheres. 118 CONGRESSIONAL RECORD. 1\!A"RCH 20, Am I wrong then when I say that each of the State governments body that meets on this floor are the judges of that man who lives at of this Federal Union is sovereign, is independent, is free, except as the other end of the a.venue. Sir, there is a great living witness that to the powers delegated by each of them respectively to the Federal Presidents may be tried. If the conduct of the President of the Government in the Constitution of the United States t I am ·not United States with. regard to Louisiana is indefensible, then we dis- quite through with this decision yet. The court say further: honor okselves in the passage of a resolution of this character or in The former- oonsidering a resolution of this character; and I be~ to say this, I Meaning the General Government- beg to say it distinctly, I beg to say it to lawyers, goolied to the military commander of the district for assistance in was sent to take command of the fifth military district, which in- bringing the fugitive members back to their duties, when the following corre- cluded the State of Louisiana, by this order of August 26, 1867: spondence took place. · Major-General P. H. Sheridan will at once turn over his present command to tho General George H. Thomas was then in command of that depart- officer next in rank to himself, and proceeding, without delay, to Fort Leaven- worth, Kansas, will relieve Major-General Hancock of the command of the Depart. ment, and he was induced by the governor to apply to the Lieuten- ment of the Missouri. ant-General of the Army, here at that time, for military aid to assist Major-General George II. Thomas will, until further orders, remain in command Governor Brownlow in organizing the Legislature. This is his dis- of the Cumberland. patch: It will be remembered by most persons, and especially uy members NASHVILLE, TEN~"'ESBEE, July 14, 1866. of the Senate, that when General Hancock took command some of Lieutenant-General GRA.li"T, Washington: the persons who had been removed from office were reinstated and Some of the members of the house of representatives of the Tennessee General peace and quiet were restored to the department; general satisfa{ltion Assembly conduct themselves in a very refractory manner, absenting themselves was insured and General Ha,ncock in an order addressed to the people to prevent a quorum, thus obstructing business. The governor cannot manage them with the means at his disposal, and has applied of that district laid down the true dividing line between the military to me for milit3ry assistance. Shall I furnish it 1 and the civil power and gave supremacy to the civil authority over GEO. H. THOMAS, the military, and sustained and restored the civil authority in that · Major-General Comtnanding. department. Perhaps I might as well read the order issued by Gen- This dispatch was sent to the Lieutenant-General of the Army at eral Hancock on assuming command : that time-and in calling him by name it is simply to be understood, First. In accordance with the General Orders No. 81, Headquarters of the .Army, for it is not my intention on this occasion to give utterance to a Adjutant-General's Office, Washington, District of Columbia, August 27, 1867, single personal expression, but to speak of public acts in the manner Major-General W. S. Hancock hereby assumes comma.ncl of the fifth military dis- and mode that a public man has a right to speak of them. This dis- tric~the department composed of the States of Louisiana. and Texas. Second. The general commandin~ is gratified to learn that pe:we and quiet reign patch was brought to the Secretary of War, by the Secretary of War in this department, and it will be his purpose to preserve this condition of things. it was brought to the President of the United States, and this reply As a means to this great end, he regards the maintenance of the civil authorities in was prepared and forwarded to General Thomas, to which I call the the faithful execution of the laws as the most efficient under existing circum· attention of the Senate: st3uces. In war it is indispensable to repel force by force, and overthrow and WASHINGTON, D. C., July 17, 1866. destroy opposition to lawful authority; but when insurrectionary force has been overthrown, p eace established, and the civil authorities are ready and willing to General Grantwill instruct General Thomas that the facts stated in his telegram perform their duties, the military power should cease to lead, and the civil admin- do not warrant the interference of the militd.ry authority. IStration resume its natural and ri~htful dominion. The administration of the laws and the !reservation of the peace in Nashville Solemnly impressed with these views the general announces that the great prin- belong properly to the State authorities, an the duty of the United States forces is ciples of American liberty still are the lawful inheritance of this people and ever not to interfere in any way in the controversy between the political authoriti~s of should be. The right of trial by jury, the habeas corptJ,S, the liberty of the pr s, the State, and General Thomas will strictly abstain from any interference between the freedom of speech, and the natural rights of persons and the rights of property them. must be observed. Free institutions, while they are essential to the prosperity and There is the precise case and that was the action of the Government. ~~d~r~eC~e~h:Jte~h~~s~:Vc?~~J'fn tt~s ~t~fce:~:~~c:~f~;;~ ~e:: ~~~ It was thought then that that was a civil struggle, a contest between sideration and judgment of the regular civil authorities, and these tribunals will be two divisions of a State government, with which the military author- supported in their lawful jurisdiction. ity of the United States could not interfere, as stated in the telegram · Should there be violations of existing laws which are not inquired into by the civil magi trates, or should failures in the administration of justice by the courts be sent back by him. That dispatch was signed by the Secretary of complained of, tho cases will be r eported to these headquarters, when such orders ·war, but written in the presence of the President, and sent by Gen- will be mado as may be deemed n eoess11ry. Wbile tbe general thus i.udjcates his 1875. CONGRESSIONAL RECORD. 123 purpose to respect the liberties of the people, he wishes all to underst:Jml that armed ~There is a provision contained in the Constitution which declares lllilUITectioiis or forcible resistance to the laws will be instantly suppressed by arms. that "no title of nobility shall be granted by the Unit.ed States; and :By comm~r,nd of Major-General W. S. Hancock. no person holding any office of profit or trust under them shall When this change was made in the commancl of that district there * .* * accept of any present, emolument, office, or title of any spran(J' up a controversy between the Executive aml the commanding kind whatever from any king, prince, or foreign state." The minds gener~l of the Army, the latter protesting against the removal of of those who ma.de the Constitution were directed to the other side General Sherid.:'l>n, alleging that he was a very popular man ann that of the water; they thought temptation was most likely to come from to remove him was violating the will of the people; but notwitb- that direction. If in the la.st line of this clause of the Constitution standin(J' this assertion, which was mere assertion and so stated and they had added" or any citizen of the United States," what a ~ort~l­ proven to be at the time, quiet and order wore restored by General nate thino- it would have been. [Laughter.] More danger lies m Hancock. Some of the reasons for removing Sheridan I will give gifts and presents and gratuities from citizens of the United States from a communication made at the time: to public officers than from any prince or potentate or foreign power. Their affairs appear to be in a disturbed condition, and a bitter spirit of antag- Here it is in mu mid!)t, right among ns, and if some Senator were onism seems to have resulted from General Sheridan's management. He has ren- now to offer a resolu t.ion suggesting the propriety, and giving it as the dered himself exceedingly obnoxious by the manner in which be bas exercised Senate's opinion, that the Constitution ought to be amended in this even the powers conferred by Congress, and still more so by a resort to authority not granted by law nor necessary to its faithful and efficient execution . His rule respect, it would be a subject of very important con ide-ration about has in fact, been one of abolute 'tyranny without reference to tlle principles of our this particular period. Go;ernment or the nature of our free institutions. The state of affuirs which has Here let me refer to a resolution passed in 1G95 in the House of resulted from the course he has pursued bas seliously interfered with a harmoni- Commous in reference to the speaker of that body, Sir John ~e~or, ous satisfactory, and speedy execution of the Mts of Con!R·ess, and is alone suffi- cie~t to justify a change. His removal, therefore, ca.nnot ' be regarded as an effort who in thirty years mounted from the lawyer's stool to such digmty, to defeat the laws of Congress; " for the object is to facilit.ato their execution, that in a national and royal procession for him was reserved a very tbron~h an officer who has never failed to obey the statutes of the land, and to ex- distinguic;hed place; and how high this distinction wa-s you will act, Within his jurisdiction, a like obedience from others. understand when you know what this procession was in which he thus That is what was said then to tho general in command of the appeared. It was the ftmeral of Queen :Mary, the wife o_f King Army on the transfer of General Hancock to this department ; and William III. Her bnrial took place on the 5th of March, 169o, a day after taking command of the department be issued the orders that I long memorable in London. The queen had died young; she died have alluded to, giving general satisfaction and acknowledging the beloved. Her cleath was sudden, almost terrible; she was struck snprerria-cy of the civil over the military aut~orit~ of_tbe country . . down by the malignant small-pox. Public sorrow for Queen Mary In view of these facts, the query comes up m th1s distracted condi- was great-never was so universal a mourning, constrained by true tion of affairs in J,ouisiana, why is it that this man has been selected sympathy. Parliament resolved to follow her body to the grave. and sent back to those people who before condemned his acts aud Never before ha{i Parliament followed a royal female. They did so, prayed for his removal 1 Why is it t It was known that he was a however; robed in long cloaks of scarlet and bla-ck, attended by the source of altercation and dissatisfaction when there before; and why maces, the emblems of their clignity, both the House of Lords and wa-s it now in contemplation to send there an enemy, a man who was the House of Commons came after the hearse, on which was laicl obnoxious to that whole people, except to a few perhaps who may the purple velvet-shrouded coffin. The stree0 were hung with, bla?k· have been interested in a particular line of policy or mea-sures or It wa-s, in truth, a pageant of unusu;t.l solemnity. The whole English something that they wanted to accomplish 'f How many distin- nation was represented there-the nobility, the judges, the lord guished men are there in the Army who could have been sent, and mayor, all the authorities both civil and religious; and walking in why should he have been selected to be sent there f Was it for the this grand proce sion betwe~n the Peers_and the Honse of Commo~s, purpose of irritation t 'Va-s it for the purpose of provoking that in a space set apart to do him honor, With a mace borne before him people to acts of violence¥ ~as it for the pnrpos_e of getting up in- and his train carried up, there walked that knavish, sq11inting lad, surrections and mobs and nots, so as then to ra1se the cry "these now grown into a knavish, squinting man. His name was Sir John southern people are in revolt," and in the midst of the war-cry and Trevor. As speaker of the House of Commons he took this place, through the prejudices of one portion of the country excited against nor had any of their speakers before him been thus distinguished as the another go into a presidehtial election 'f It is very easy to see what first commoner of the realm ; no former speaker had been honored by the result would bel: or what the expectation might have been. No; heading in a royal procession the whole House of Commons. T~:ms "let us have peace." wa-s Sir John Trevor, a.s the first commoner of the realm, publicly I know the determination of that people. Their great object is to ennobled on the 5th of March, 1695. Within a week, in the eyes of be restored back into the Union upon equal footing with all the other all England, he was a man the lowest and most degraded among States, anrl have a fair participation in the legislation of the country. Englishmen. This was bow it happened. We sawTrevoron that 5th That is all they desire. But what is that to those who are acting of :March, as spe::tker of the House of Commons, leading the house behind the curtain and who are aspiring to retain power, and if it after Queen Mary's coffin. What is it that only seven days lat-er cannot be ha{! by popular consent and the approval of their public Trevor had to do as speakerf Standing in his high place, standin(T acts would inaugurate a system of terrorism, and in the midst of the there before all the representatives of England, he had to read aloud excitement, in the midst of the war-cry, ~riumphantly ride into the words to this effect : Presidency for a third presidential term; and when that is done, fare- well to the liberties of the country. [Applause in the galleries.] Resolved, That Sir John Trevor, speaker of the house, for receivin~ a gratuity of one thousand guine.'\8 from the city of London, is guilty of a high cnme. The PRESIDENT pro tempm·e. The Chair will interrupt the Se)la- tor at this moment to remind the galleries that it is contrary to the This was the resolution of the House of Commons, and this was rules either to approve or disapprove. The Sergeant-at-Arms will what England did in 1695. Notwithstanding there has been so much put sufficient force in the gallerie8 to maintain order. reference made to the corruptions of England and the English gov- Mr. JOHNSON, of Tennessee. Sir, it is my honest conviction that ernment, such was their view and such was their action in reference · the real meaning of all t,his is a desire for a third term for the Prt\si- to the speaker of their House of Commons who had received a thousand dency of the United States, violating the example that Wa hington gttineas as a gratuity for his inflnence and assistance in passing a set and which has become equal to a part of the Constitution by the bill through the House for the benefit of the city of London. A general acquiescence and approval and almost looked upen a-s thousand guineas I Only $5,000 I If you look around and contem- sacred as if it was a part of the Constitution itself. Even Washing- plate for a moment can you not find that this principle could be ap- ton, the .Father of his Country, when he had served four years, wanted plied in this country f Perhaps it would be as legitimate to have a to retire at the expiration of his :first term. He thought that was long resolution of that character under consideration for the expression of enough, and his farewell address wa-s partly prepared at the termina- opinion in this body to-day as the one that we have before us. This tion· of his first term of four years; but being prevailed upon by resolntion wa-s adopted on the 12th of March, 1695, now one hundred those who snrrotmded him, in view of the peculiar condition of the and eighty years ago. It lives in history. Notwith~:~tanding the gov- country, to accept a. second term when that expired, he terminated ernment of England has been called corrupt, that was their view of his connection with the Government. That example has since been ~atuities. We find that they carried it so- far as that. You will pursued and followed and looked upon as a. pa,rt of the Constitution find it in Macaulay or in the History of the Speakers of the House of of the country. But I suppose it is almost out of order to refer to Commons. They carried this proposition so far that he was made to 'Va.shington now! Is not the present condition of affairs humiliating read the resolution so as to feel to the fullest extent his own degra- when we look at the example that he set in many things f Look at dation. When the resolution was adopted he was made to get up the great probity of his character. When he accepted office what and read the resolution which condemned him and which expelled did he say in reference to .the morals of the country and the expendi- him from the house. ttues of the Government f In his message that he sent to Congress This would be just as legitimate a subject for the Senate now to wit·h regard to making provision for the executive department he consider as the one before us. I might express an opinion in refer- asked them to make no further provision for the executive depart- ence to citizens receiving gifts from citizens, when it is provided in ment than was absolutely necessary to defray the legitimate expenses the Constitution of the country that they shall not receive them from of the office. 'Ve know furthermore that Washington was opposed any foreign prince, potentates, or power. Why not consider a ~?Ub­ to a third term, artd set the example of serving but two. We know ject like that f Let the popular heart understand it and let it re- also that in sustaining the morals of the country, and in setting an spond. It is time we turned our attention to things like these. example both by his practice and in precept, Washington received no Where are we goino- t What is the condition of the country T I more while he was serving the country even in the Army than a bare merely refer to this for the purpose of making a general application su.fficiency to defray his expenses. to anybody that is guilty of like conduct. That is what England did ~-----..... 124 CONGRESSIONAL RECORD . ~fATIOH 22, to one of her speakers who had accepted gratuities from a corporation hurled from power the p erpetrator of such an act. But now we see for his influence in .its behalf. things differently. We see men exercise powers not authorized by When we get to the Kellogg government in Louisi ana what do we the organic law of the land. They have gotten outside of the instru- find there Y Do we find a case like the one to which I have called ment altogether, and they are actin()' in a way that will bring this the attention of the Senate and then do we find the action to corre- Government to an end or change its character so that its ancient feat- spond with the action then taken Y When we get t o Loui iana we ures and its familiar structure will all be lost. What more do we find that Kellogg comes in as governor; how· 'I A committee of the find Y In looking to General Grant's message he says : Senate, compo ed of able gentlemen, made a report in r eference to I sent General Sheridan there. :Mr. Kellogg and the government of Louisiana., and in the conclusion As though it were a matter of cognizance for him t.o look over the of their report they say: country! Then when we come to the report of the Secretary of War It cannot be maintained that .its prudent exor cise violates th e rights of the we find a very strange letter, with all due respect to the Secretary of States, because the States, for their own protection and secur1ty, have conferred the power upon the National Government ; and this Governmen t cannot r efu se or Vhr- I am merely referring to him as such; he wrote the following neglect to exercise it i n a proper case without disregarding the obligation which letter to General Sh.e ridan : the Constitution has devolved upon it. We think the melancholy condition of the WAR DEP ARTl!E!'i'T1 people of Louisiana, who are substantially in a state of anarchy- Washington Oity, December 24, 1874. Gen eral P. II. SilEUIDA...", Mark- Ohic5f]O, IUinois : makes it the duty of Congress to a{)t in the premises. GEXERAL: The President sent for me this morning, and desires me to say to you that he wishes you to visit the States of Louisiana and Mississippi, and especially Tbe committee report that it is the duty of Congress to act in the N ew Orleans, in Louisiana, and Vicks burgh and Jackson, in Misstssippi, and ascer· premises. The committee who made this report argue I think very tain for yourself, and for his information, the general condition of matters in those ably and refer to the Constitution o1 the United States to show that localities. You need not confine vour visit to the St.ates of Louisiana and Missis· it is not the Executive, it is not the Senate, it is not the House of sippi, and may extend your trip to other States, Alabama, &c.- Representatives, but the United States that is to guarantee to every That means all States- State in this Union a republican form of govemment. Is the Presi- if you see proper; nor need you confine your visit, in the States of Louisiana and dent "the United States¥" When and how diu the President get to Mississippi, to the places named. What the President desires is to ascertain the be "the United States 'f" The Constitution reads: rrue condition of a1i"airs, and to receive such suggestions from you as you may deem advisable and judicious. The United States shall guarantee to every St.'lote in this Union a r epublican form of J!:Overnment. So much for that. The concluding part of the letter of the Secre- Does that authorize the Executive upon his own volition, upon his tary of War is in the following language : mere ipse dia:it, to take charge of a State government in person or by Of course you can take with you such gentlemen of your staff as you wish, and it is best that the trip should appear to be one as much of pleasure as of business, for his agent, some man selected from the Army' No, sir, it authorizes the fact of your mere presence in the localities referred to will have, it is pre umed, no such thin.g; and the interference with the State of Louisiana to- a beneficial effect. day by the President taking charge of that government is a palpable Yes, it is to be a trip of pleasure, of leisme, to look at the condition violation of the Constitution of the United States. The committee of the country with a retinue of officers, with the glittering sword in their report say: . and regalia that pertain to the military! They are to display them- Therefore your committee recommend the adoption of the following resolutions : selves through the country and let the people, the sovereigns, the 1. Resolved, That there is no State government at present existing in the State working, producinrr people of the country, see in what gigantic style of Louisiana. and magnificent splendor the representatives of General Grant appear ''That there is no State government at present existing in the State in that .region of country! It is to be a trip of pleasure and display, of Louisiana." Hence immediate action is to be had. The State has and he thinks it would have a beneficial effect! The Secretary reached that point in which she shows her incapacity, her want of further says: capability to govern herself, and, as the committee ably argue, it must The President thinks, aud so do I, that a trip South might be agreeable to you, be a very extreme case for even Congress and the Pre ident together and that you might be able to obtain a good deal of information on the subject to act in reference to a State government. I should think in a great about which we desire to learn. case of emergency, when the State was in anarchy, when all was It might be agreeable to him, with a staff of officers, to visit the confusion and disorder, there might possibly arise a condition of af- country, to display himself before the people and get such informa- fairs in which the Government of the United States, "the United tion as he wants, and I suppose manufacture public opinion if he States," according to the forms of law and the Constitution, might could, and r eport to the President! He thinks it would have a bene- pass a law for the rescue of a community like that from anarchy and ficial influence upon that region of the county to see General Sheri- disorder; but the case should be extreme and the interference should dan, the repre entative of the President of the United States, dis- be well considered before it is done. But how is it in this case 7 playing hims.elf all through those States! The President of the United States assumes to take command of the What is still more r emarkable, if I can turn to it, is a telegram State and assign theee people a governor. What does he say himself dated New Orleans, January 4. I know we have had some special on this pointY Let us put what he says with what the committee ple~ding in the case. The disturbance and interruption of the Leg- say. He says in his message sent to the Senate, as my friend from islatme took place on that day, and they make a special plea that Maryland [Mr. WHYTE] read the other day, but I read it again in the general did not take command until about five hours afterward. this connection : But he comes forward and takes the responsibility, he is there all It has been bitterly and persistently alleged that Kellogg was not elected the time, although this was done before he nominally took command. Whether he was or not is not altogether certain, nor is it any more certain that his He shows great willingness to take the responsibility while it would competitor, McEnery, was chosen. The election was a gigantic fraud, and there have exonerated these men from any liability: are no reliable returns of its result. Here are two men who have been contending for the gubernatorial [General Order No. 1.- 9 p.m.] chair of a State, neither of them entitled to it, and in that contest there U nderinstructions from the President of the United States, communicated throuah has been a mo t "gigantic fraud" practiced, in the languag·e of the the Adjutant-General of the Army, the undersigned hereby assumes control of t~e Department of the Gulf, consisting of the States of Louisiana and Mississippi and President, thereby precluding and disqualifying either for holding the Gulf posts a~ far eastward as and embracing Fort J efferson and Key West, the office, but the President finds a usurper in power, and he takes it Florida, including the forts in Mobile Bay, which will hereafter constitute one of upon himself to make the Government of the United States a party the departments of the Military Division of the Missomi . to his usurpation. If this course is to be practiced, and the Federal P. H. SHERIDAN, Lieutenant-General United States Army. Government is to be made a party to every one who is an aspirant for the office of governor or for a seat in a Legislature, if it stands Here a general of the Army is sent back to a people, who had re- here ready and willing to make itself a party to any contestant for pudiated him, with authority to go and look over the country and to power in a State, I say we have inaugurated a state of things that mark him out an empire, prescribing the limits of his government, will rf\sult in the overthrow of the States which compose this Union. what he should take under control; and there it is at his discretion. In that case the existence of the State governments would depend He marks the area, he describes the bounds or limits, and in it his entirely on the interference of the Federal Government. The contest power is as all olute as that of an .empere.r! would be which would be the stronger party successful in the State, In all this proceeding does any one see anything of the General of anti then, it being successful, itismadeincumbenton thepartyinpower the Army, who is by law at the head of the forces of the United here to maintain and preserve it as a State in such shape, dependent States . Where is General Sherman all this timeT Perhaps he may on the bayonet and dependent on the sword. In this case this able not be entirely in accord with this proceeding. General Shelidan is committee in their report made by these distinguished men, all united placed in direct communication with the President of the United and agreeing in politics, four in number, say there was no government States and the Secretary of War, and he is authorized to go South there, and they reported a bill for the United States to provide for among tho e States, lay oft' his bounds, prescribe his district, and the difficulty and not to authorize General Grant to take possession take command. · Where is this authority derived from' From tho of Louisiana and make himself the supporter of one of the parties President of the United States. It is true he is made Commander-in- there. ' Chief of the Army; but has he a right to exercise .the power to lay Is not this monstrous in a free government Y The time has been in off and define districts for another at his discretion Y Was there this country, and since my recollection, when had an act of usurpa- ever such an assumption Y Why could he not lay the whole South tion been perpetrated and practiced like this it would have produced off in one military district and take charge of it himself' a shock t hroughout the nation. The nation would have been shaken Look at the growth of power; look at its advance; look at the from on extreme to the ot-her, and would haye been ready to have nsnrpat.ion; and when we como to bring our elves to consider it 1875. CONGRESSIONAL RECORD. 125 calmly and deliberately, without party l)ias a.nd prejudice, it can be make proclamation and command all turbulent and disorderly persons to disperse viewed a-s no other than an act of usurpation and an act of tyranny. and retire peaceably to their r espeotive abodes within ten days from this date, and hereafter to submit themselves to the lawful authority of said executive and the ·where does this power come from t And I might a-sk, where would other constituted authorities of said tate; and I invoke the aid and eo.operation it go f Referring to the other end of the avenue as President, not as of all good citizens to uphold law and preserve public peace. an individual, I might ask the question: In witness whereof I have hereunto set my hand and caused the seal of the United States to be affixed. · Upon what meat doth this our Cresar food, · Done in the city of Washington this 15th day of May, in the year of our Lord Tliat he is grown so great- 1874, and of the Independence of the nited States of America. the ninety-eighth. that he can prescribe and lay down empires and place commanders [L. s.l U.S. GRANT. over them Y It is time that the country should be awakened to and We -find then that the Legislature elected with Elisha Baxter and consider these things. If excitement has been so high in times gone Baxter as governor were maintained and recognized by executive by that many things ·have been overlooked, I think the time has proclamation as the true government, the one in authority under arrived and I trust the excitement has gone down, so that the Ameri- proper circumstances in Arkansas ; and yet not more than nine can people-a term not repeated much here latterly ; the people used months afterwaru a message was Hent in to this body which is in to constitute an important part of this Govern.tnent, but now they the language I will read. Remember here was a government recog- have almost ceased to be any part of it-it is time that the people nized, here was a government maint.ained in. existence, and all evil- had begun to consider and weigh well these things. disposed persons, all riotous or insurrectionary people were warned I have shown you that in reference to this Kellogg government to go to their homes within ten days and Rt3.y there, and then this General Grant said it was" a gigantic fraud" and .that neither Kel- message comes in: logg nor his opponent was entitled to the office, but having found a To the Senate of the United States : usurper in, he takes him by the hand and sustains him. Well, to Herewith I have the honor to send, in accordance with the resolution of the Senate come to the sitting of this recent Legislature, there seems to be an of the 3d instant, all the information in my possession, not heretofore furnished, re· impression that the democrats on the ene hMld asked for the protec- lating to affairs in the State of Arkan as. , tion and interference of the military and then the republicans on the I will venture to express the opinion that all the testimony shows that in the elec- tion of 1872--- other. It seemed to be wholly a matter of party, not a matter of principle; first the democrats through this man Wiltz-I believe that .Mark yon, prior to the issuance of the proclamation- is his name-a-sked the military to interfere and sustain him; and on Joseph Brooks -was lawfully elected governor of that State; that he has been un· the other hand when a protest wa.s sent in by fifty-two men, I think, lawfully depnved of the po session of his office since that time; that in 1874 the con titution of the Sta.te was, by Yiolence, intimidation, and revolutionary proceed. the military were called upon, and wh.1t did the military do f As ITsi~d'~erthrown and a new constitution adopted and a new State government estab· General Sheridan says himself, Mr. Kellogg, the governor of the State, or rather the usurper, the pretender, a man who had assumed the These proceedings, if permitted to stand, practically ignore all rights of mino:rities in all tl1e States; also, what is ther e to prevent each of the States recently read. government withoqt authority and been sustained in violation of law, mitted to Federal relation on certain conditions changing their constitution and tells the military of the United States "put thisman out,andputthat violating their pledges, if this a-ction in Arkansas is acquiesced in~ man in," and the Legislature is organized upon the military. At the 1 'Vhat does that mean, Mr. Pre ident f If one government is recog- point of the bayonet and with the sword presented, through pretense nized in a presidential proclamation as being the genuine, true goY- of keeping peace, a Legisla.t ure is qualified and assumes legislative ernment, the lawful authority of the State, can it afterward be over- authority. That is a new way of qualifying members of a Legisln.- thrown by a simple recommendation of the President of the United ture and contrary to the genius and theory of our Government. Have States Y Wbat does all this mean- we gone back to Cromwellian times when Colonel Pride rode into These proceedings if permitted- Parliament booted and spurred f Here in tl)e Legislature of Louisi- ana stand the military with drawn sword and fixed bayonets, and a What proceedings, if permitted Y If this government of Arkansas Legis.lat~e is qualified accordingly and go into power. May we not stands, all the States that have been reconstructed will change their well mqurre- form of government! This is assuming that the constitutions of all Upon what meat doth this our Cresar feed 9 the States readmi tted under the reconstruction acts are to stand un- How has it come that all these things are being transacted in this changed, immovable, unalterable through all time uuless by the countryf We see in every step that we progress in the investiga- consent of the Federal Government. Has not any one of these States tion of this case that it gets worse and worse, a state of things that now in the Union, notwithstanding as he says they were readmitted ought not to be tolerated and ought not to be sanctioned. Is there under the reconstruction acts, power and authority to alter, change, any reason to believe, as is suggested in one of the repor..,s, that there and amend its constitution in such manner as its people may pre- ,.. was danger (\f bloodshed Y Was that a reason for the Army inter- scribe f Here is a blow struck at one of the fundamental principles fering as peace-makers f The mere contending members of the Leg- of free government directly. It is denying that certain States in this islature would not have shed much blood. In the case of Tennessee, Union are upon an equal footing with the other States, warning the where the military were forbidden to interfere, the Legislature got country "if yon sanction this government in Arkansas that I have tpgether and went on harmoniously and transact.ed their business sanctioned heretofore, but now for some reason"-best known I pre- and pa-ssed their laws. So in this case. If there was likely to be a sume to himself-" I send you in a message to overturn and overthrow, riot or a disturbance of the peace, what should have been done f other States may change their constitutions without the consent or There wa-s no application to the President of the Unit.ed States for permission of the Federal Government I '\-Vhat a doctl'ine I Go to the force as in case of insurrection or riot; and the furthest they Constitution of the United States; go to the bill of rights of all the ought to have gone was to preserve the peace and leave the contend- States. It is l aid down in the bill of rights of each State of this ing parties of the-Legislature and the contestants for office to settle Union and in the Constitution of the United State. that the people their rights in the proper fornm. There would have been no blood- have a right to change, alter, or abolish their fo1·m of government in shed i they would have managed to settle it; they would have got- their own mode and in their own manner within certain limits. That ten out of the difficulty without the shedding of blood. All this is is of the very essence of a republica.n form of government. - I should thrown in simply to justify the arbitrary action which has been like i.o know what authority you have to interfere with the States in J>racticed by the military in Louisiana. exercising that indefeasible authority . But we find lurking through So far, then, as Louisiana is concerned, for the reasons I have given almost every document, through every order we receive, this assertion I cannot record my vote for the resolution. I do not vote against of usurping power, denying the great principle of a free government the resolution because it is a republican measure ; I vote against the which is inherent in the people. But let me finish the reading of this resolution because it is wrong in principle and calls upon the message; the la t paragraph is: Senate to express an opinion favoring practices and usurpations I respectfully submit whether a precedent so dangerous to the stability- of State by the Executive of the United States that I think unauthor- government, if not of the National Government also, should be recognized by Con- ized and unwarranted. If it stopped here I could not record my gress. · · I earnestly ask that Congress will take definite action in this matter to relieve vote for it; but if we should record our votes sanctioning presi- ~~elf,~!~~~~~ ~~m~~~r:~~:E questions which should be decided by thelegisla- dential interference in this case, what ought we to do in another¥ 'Vhy single out this particular act and in principle sanction this par- U. S. GRA..."''T. ticular act and commit the Senate in opinion to all the high-handed .A. threat! The iron hand, though clothed in softest silk, is in that kindred measures that have preceded it f There is another case of paragraph. "If yon do not do so and so," the inference is'' I will." this kind which is familiar, and yet I beg the indulgence of the Sen- 'Vould it not be well to have a resolution under consideration inquir- ate while I refer to it for a few moments. History records that Gen- ing into the matter of the proposed exercise of such a power a-s this 1 eral Grant issued a proclamation to the people of .A.rkam~as on the Is it not more appropriate than the one now under consideration which 15th day of May, 1874, in which he said: is for indorsement. • Whereas said Elisha Baxter, under section 4 of article 4 of the Constitution I earnestly ask that Congre s will take definite action in this matter to relieve - of tbe United States and the laws passed in pursuance thereof, bas heretofore ::e~=~~~f ibemG~~r!:rnE questions which should be decided by the legisla- made application to me to protect said State and the citizens thereof against domestic violence; and whereas the General Assembly of said Sta,te, convened in ''If you don't, I will." Thus we see how power travels. .A.n em- extra. session at the capitol thereof on the 11th instant, pursuant to a call made by pire is laid off in the South for one military chieftain; a force bill is said Elisha Baxter, and both houses thereof have passed a joint resolution also apply· ing to me to protect the State against domestic nolence; * * * and whereas it proposed in the House of Representatives; the indorsement of Congress is required that whenever it may be necessary, in the .iudgment of the President~ is asked to what has been done; a.nd is there nothing that lies be- to use the military force for the purpose aforesaid, he shall forthwith, by proclama. hind all this Y The change of position from May 15, 18i4, to Feb- tion, command such insurgents to disperse and retire peaceably to their r espective ruary 3, 1875, must be for Borne good reason. Can it be possible that houses within a limited time : Now, therefore, I, Ulysses S. Grant, President of the United States, do hereby the Executive had forgotten what he had done Y It would be im- 126 CONGRESSIONAL RECORD. MARCH 22, pugning his memory or his intelligence to suppose he did not dis- Constitution is my guide, and I intend to follow it. When it is en- cover the inconsistency between the two papers. There ruust be croached upon according to my judgment, with all the ability that some great rea~on that underlies all this. I may have I will resist the encroachment and call the attention of With your force bill, with the authority to take away the State the country to it as well as I can. government of Arkansas, with the government of Louisiana usurped, So much' then for the Louisiana portion of this question and the with a military empire laicl off, it seems as if a pretty good part of A.I·kansas portion. Now the government of Arkansas is going on, bot the Union had been usurped and put under the control of a dictator, Congre s was called upon to interfere with it. Then if we could have and that the States North and West had better begin to look into the fo:rce bill passed all would be lovely I But there seems to have this. It suits the purpose now to take charge of certain Southern been some little doubt about it. Sheridan says the people are all States for the approaching presidential election. " When we get banditti, and if he had a military commission the President need them firmly in our grip,' when we have once fixed upon their necks not disturb himself any further, for be conld manage all the rest I 'Ve the mailed heel of power," do you think the usurper will stop his see tho power that is a ked for; we see the desire to exercise unau- handY No; he will go on conquering, he will go on extending his thorized powers. We see in every movement, in every phase, a desire military power until he has accomplished his purpose, and then per- to get from under the control of the people, to get from under the chance the time may come when somebody in this Hall may intro- Constitution, which is nothing more nor less than the combined anu duce a resolution: expressed will of the people in the form of an organic law; and be- Whereas great disturbance and-dissatisfaction exist; for the purpose of pre- fore it should be violated, even if it needed amendment, we should serving peace and harmony: Therefore, be patient and amend it in the mode and manner designated in the Be it resolved., That A orB is hereby declared President- instrumentas framed by Washington and his compatriots. ! do not care whether you call him President or monarch or king- We are referred to that provision of the Constitution which says for the next presidential term or ''the next eight years." that the United States shall guarantee to each State of the Union a rep"Q.blican form of government. We see as we travel along in the What would you do f Where is the Army f 'Vhere is the Navy 7 discussion of this subject-and from our general reading of it we can- \Vho is commander-in-chief f Who has a portion of the confederacy not but see, though partisan zeal and partisan interests may carry under his heel, the mailed heel of power, with a powerful party in some so far as to assail it-that these encroachments are being made; the othe1· States¥ What would you do Y Do not all know the impo- and the query comes up, What is a republican form of government t-ency, the weakness of an tmarmed people when brought in contact within the principles embraced in that provision of the Constitution with an army Y The people would be powerless. Here in my place, which says the United States shall guarantee w each State a repub- not in a personal sense but a public one, as one of the Senators lican form of government f I know there has been much said about of the United States, I to-day warn this people against the ap- the sovereignty and rights of the States; but I know what the Con- proaching danger. I tell my countrymen that empire is ahead. stitution says. It declares that the powers nm delegated to the Instead of having a free and republican government . now, we have United States by the Constitution are reserved to the people or to the the kind of government that I will call their attention to. I hold in States respectively. Ours is a mixed Government. I shall not dis- my hand a volume that treats upon the various kinds of government, cuss that question of sovereignty. It is one about which there has defines them, and gives a proper definition. After laying down the been much division of sentiment and about which there has been three principal forms of government, monarchy, aristocracy, and de- some controversy. I do not discuss that now; but I shall pass to the mocracy, then among the various enumerations the writer says that point where I think sovereignty resides. When we go into our the- governments out of these three can be divided to infinity into mixed ory of government and examine it, we find that all powers are derived governments of various kinds, and one form is: from the people. The people wear the crown. They are the source Stratocrac'J is a military government. This word is derived from two Greek of power, and they are sovereign. The State governments derive all words which signify "army' 1 and "power." their power from the people; the Federal Government derives all its 'Ve have got now "army" and "power." '\Ve have got astra power either through the States from the people or from the people tocracy; we have not got a democracy, anu we have not got a repnb- directly; I shall not discuss that; but the source of power and sover- lican form of government. How far off i. empireY How far off is eignty resides in the people, and they under our system of government military despotism f I warn the people of my native count.r y and of can change their form of government in the mode and manner ap- my native State of the danger ahead. On a. former occasion, when pointed by the State constitution and the mode and manner pointed there was great difference of opinion among us, I warned my cotmtr_y- out by the Constitution of the United States. This is the sovereignty men against the dangers that were coming. I warned them against that I contend for. I only fear that by nmrpations, by arbitrary a - bringing on a strife and a contest that would result in the shedding. sumptions, by gross encroachments on the organic law, this may all of blood and the sacrifice of property. I warned them against that be changed. As we see things going on, a power seems to have sprung struggle which set man against man and put hls band against the up in the General Gov~rnment to turn a State upside down or down- throat of a brother. Ye , the land that gave brothers birth was side up, to turn a State outside in or inside out. A process of this drenched with tke blood of brothers. I warned my countrymen kind after a while will change the whole character of the Govern- against the catastrophe that bas passed and gone. The great mis- ment. But still let us hold our moorings and go back to the people, fortune of my life, the deep feeling of my heart is that it turned out who are the source of all power; and before we attempt to exercise tO'. be true. I wish I proved a false prophet. Now to-day in my place dangerous and doubtf11l powers either in a State or in the Federal I warn the people of the United States against encroachments upon, Government let us ~o back to the source of all powers and have this against violations of, and auainst the total disregard of the Constitu- question settled Without violation of liberty or encroachments on tion of the United States. Do not let us talk about party; let us talk their rights. a little about country, for party on the one side or the other ha~ run The time has arrived when it is as important to discuss the funda- this Government well-nigh to destruction. Parties have been run- mental principles of this Government as it was when the Constitu- ning the Government long enough. L et the people now lay hold of tion of the United States was adopted in 1787. We have read the parties and run them. Let us save the country. What is the great writings of Madison, Jay, and Hamilton, and many others who wrote cry now T It is "save the party," and so tha.t the party is saved all upon the Constitution; we know the debates that sprang up in the is well, the country may go. Sir, let us try to saYe the country and convention in reference to the Government that should be formed. save it in the original form of its Government as handed down to us \Vhat was all this for! The design was to get the character, the by the founders of the Republic. I wa.rn my country to-day against principles, the frame of government in the public mind, so that we these encroachments that are being made on the Constitution of their could have a standard by which we could measure what power should fathers. If there is not a return made to those ~reat principles, those be exercised, and so that the representative, in whatever capacity be great truths which are recognized in the Constitution, I tell you this might be, should find there his standard and his guide and should Government is overthrown and its character changed. conform his action to it. I would, for one, make the Constitution of Let us forget, then, that we baye been clivided into parties; let the country as inflexible as the procrustean bedstead, so that it us teach the people not opposition to the Government, as bas been should be the standard of the agent acting under the Constitution the case sometimes. Great clamor was once ma-de against the Govern- when he came into power, and if he was too shod for it, yon should ment, and it was said the Government is this, or that, or the other. stretch him out until· be fitted it; and if be was too long, you should 0, let us make the proper distinction; the Government is good simply reduce him to the dimensions of the standard and cut him off. enough; the organic law is all right; speaking in general terms, and \Vben you have a standard in the public mind by which powers are to a-dministered a-ccording to its designs, it would produce happiness be measured the people have some security against abuse, they have and prosperity to t.he people and result in making us t.be greatest some security against infringement, they have some security again t Government in the world. We should make the distinction between violation of their organic law. • the Government and the a-dministrators of the Government. Let us We have been in a civil war; the public mind has been agitated; bring the hearts of the people up to love the Government, while they the Constitution has been violated so frequently, torn in pieces and oppose a cruel, a corrupt, a perfidious, a treacherous Administration trampled under foot and totally disregarded so often, that the public that tries to overturn and overthrow the Government, and have a mind at t_his day scarcely has anyfil"'nmooring to which it can anchor. common effort made to sustain the Government ancl eject from power All seem to inquire what the Congress does, not whether it ha~ done its corrupt and usurping rulers. a-ccordin~ to the Constitution, not whether it has transcendec;:l the I know that I have almost always acted with one party, and I have limits of 1ts power-no, but "Congress does so and so," or "the Legis- a-cted on certain principles laid down for my guide, and I expect to lature does so and so;" and when that comes to be the case our Gov- pursue and follow them, carry me where they may, for in the pursuit ernment is gone. Give us the Constitution. Give me the Constitu- of a correct principle we can never reach a wrong conclusion. The tion of my cotmtry unimpaired, and make no change or alteration in \ 1875. CONGRESSIONAL RECORD. 127 it, except in the mode and manner pointed out by it. Give me back stance they are the same-a commonwealth, a republic. These are the Constitution of my country that you have taken away. Do not the kinds of ~overnment 1hat were in the minds of the framers of give me arbitrary power; do :p.ot give me usurpation; but give me the Constitution when it was a-dopted. "Commonwealth." 'W here back the Constitution that was made and handed down to me and are we going, Mr. President Y Is Louis_iana a commonwealth as it you and the nation by our fathers. Give that back to us, and that now standsY Or is her government maintainecl by military power is the great struggle of the age. If the country is not carried back and that through the President of the United States f Is it not his within the pale of the Constitution, it is gone. Then as patriots, as government'/ Is it not military¥ What cloes he do in re~~rd to Ar- men who love our country, who love constitutional government, who kansas Y Send a message to Congress with a threat, '' 1t you do love a government of law, let us unite as a band of brothers to make not do something, I will." It is not his place to interfere with either one more effort in this period to restore the Constitution of the United o.f the contending parties. If democrats apply for the exercise of States. improper power, he has no more right to extend it to them than to I dislike to be too tedious, but upon this subject of government I anybody else, and if republicans apply it is equally his bounden duty wish to read from a legal authority. I have shown the kind of gov- to abstain from any interference whatever. These States are com- ernment we have according to the best definition that I can find. moRwealths, they are republican governments, they are representa- The government that we have now in practical operation is a etra- tive democracies. The whole Union being composed of the States tocracy. makes it a r epresentative government in one sense, representing the A stratocracy i.s a military government. This word is derived from two Greek States and the States the people. words, signifying" army" and ''power." Now, sir, instead of passing the resolution which is before the Sen- The country understands it. That is the meaning of the govern- ate, how many other subjects, if we are disposed to take up questions ment we have now, for what have we but "army" and "power." As that are as legitimate at~ this is, tha.t are as germane to constitutional far as in me lies I want to inculcate some of the first notions of our action as this can be-how many subjects are there that the time aml Government. I have no idea that I can inform or enlighten those the attention of the Senate might be occupied with f Would we go who sit around me here; but there are others who are equally in- into all of them and keep the Senate here as a kind of town meeting terested with them. Let me read from accepted legal authority : to express opinions in reference to all the various questions that we think may agitate or please for the time being Y Why ~he desire to Government is the manner in which sovereignty is exercised in the state. It is have the committal of the Senate to an approval of this proposition Y the means adopted to put the fnndamemo.l law of the state in action. It is the function and the very end of the government to apply the fundamental law for the Why are we to do it Y Instead of passing this resolution, I would go happiness and advantage of all the citizens; for the constitution of the state is the to the emperor of the empire, and if I were permitted to prepare a lawful expression of the wants and of the will of all. Hence follows this necessary resolution that would be adopted I woulu incorporate into it the sub- consequence, that the government is the delegate of society, the state, or the stance of Cato's reply in his last extremity when Decins, the embas- nation. The people, being sovereign, may adopt any of the forms of government which have been devised among men. sador of Cresar, approached him and wanted him to capitulate, as- There have been at all times, and there are now, different forms of government, suring him that his n ame would be second to none except that of the three principal of which are democracy, aristocracy, and monarchy. But these Cresar; I would say to this emperor, I woulU say to this dictator different forms are combined and subdivided to infinity. From the African prince, who disposes freely of the lives and properties of his subject-s, to the European what Cato said to the embassador of Cresar: monarch, whose power is contained within much narrower bounds; from the savage Bid him disband his legions, restore the commonwealth to liberty. cazic, who governs his tribe because he is the oldest man in it, to the republican Yes, I would say more; let him do this, and even I, humble as I am, magistrate who is elected by the free suffrage of his fellow-citizens, we per ceive an i.nffuity of organic combinations. and much as I am opposed to his encroachments, would be willing to When the sovereign power is exercised by the people in a body, or by a. majority go still further in the language of Cato in his reply to Cresar; I would of the people, the government is called a. democracy. In this form of government not only "bid him disband his legions, restore the commonwealth t() all men are equal in a. political and civil point of view. Democracy is the complete liberty, submit his actions to the public censure, and stand the judg- triumph of the principle of equality. All the citizens must have an equality of rights and not merely of privileges. ment of a. Roman senate," but let him do this and "myself will mount When the sovereign power is exercised by a small number of persons, in their the rostrum and strive to gain his pardon from the people" for the \io- own right, exclusively from the rest of the people, this form of government is called lations of the Constitution of his country and the transcendent im- an aristocracy. In an aristocratic country the rulers claim the power to govern in pol:!.itions that he has practiced on the country. Yes, even I, humble as their own right, and not by delegation., as in a representative democracy. Aris- tocracy and slavery spring from the same root. The first is the parent of the I am, for the sake of p eace, for the sa ke of concord, for the restoration second, for the master and slave appeared on the same day. of prosperity and harmony among this people, would be willing to When the sovereign power is concentratoo in the hands of a single ma~trate, see him subjected to a pardon by my country and restoxed to favor, the government is a monarchy, whether it bear the name of an emprre, a kingdom, and I would mount the rostrum and strive to gain his pardon from a duchy, or any other. But the soverei!Zll power may be divided and combined in a thousand different an insulted a.nd an indignant people. Yes, restore the Commonwealth ways; hence result mixed governments, such as are most of those of civilized na- to pea.ce, prosperity, anu happiness; restore this Government to what tions. Indeed, it may with truth be observed that the constitution of eaSe might possibly arise where the Executive o:f the nation It has been discussed with an ability on both sides, I think I may under a full sense of his great obligation to the country might feel well say, that has never been surpassed in the history of the- Senate called upon to interfere temporarily with a view of preventing a State from the very beginning of the Government. For two years bas this from being to some extent destroyed. Yet that would be beyond the Louisiana question in all its phases been before this body, and the words of the Constitution and could only be done in an emergency best minds, the ablest men, on both sides of this Chamber have time which required speedy action. and again expressed their opinions and their views on this important But this was not the case at any time in Louisiana. The interfer- subject. Yet at no time heretofore ha-s the question been presented ence of the Executive through the Departments of the Government, in the shape that it is presented now. The whole is boiled down to through the Attorney-General and other officers of the Government, one simple proposition, not whether-the governmentofLouisianahas has been from the beginning in anticipation, in their estimation, of been wrongful or rightful heretofore, not whether General Sheridan domestic violence and of domestic trouble. It has been on their part may or may not have discharged his duty as an officer of the Govern- purely a voluntary, uncalled-for interference, and the object of this ment, not whether Durell was right or wrong in his decision, not resolution is to sanction that interference. whether all the teu thousand different transactions which have oc- The democratic Senators on this floor have time and again disap- curred in that country have been right or wrong, but we are called upon proved of the conduct of the Executive, of the conduct of Judge Du- to say that the interference of the Executive in that State is sanc- rell, of the conduct of the military, of the conduct of the Lynch board, tioned by the Senate of the United States. We are called upon to of the conduct of all the persons in the employ of that government in sustain him regardless of the fact whether he had the right or not Louisiana, and upon that we a.re committed and estopped, and at no under the Constitution to interfere as he did. time.has the attempt been made to sustain the Executive in his in- The history of these resolutions, for there are three, is remarkably terference. At no time heretofore ha>S the proposition been made to singular. The first resolution introduced upon this subject was by the Senate that the Executive should be sustained in that interfer- the Senator from Indiana, [Mr. MORTON.] It was a bold, a manly, ence. Why is it proposed at this day Y What is the object and what well-written, expressive resolution, partaking largely of the known will be the effect before the country 7 At the beginnin(J' of this Lou- cha.racteristics of that Senator-bold, p4tin, decided, unmistakable. isiana discussion-! think some time in January-! took occasion to The Senator from Indiana introduced the following resolution on the say in a speech that I had the honor of making before this body that 5th of Ma-rch : if it were competent for the President of the-United States to control Resolved by the Senu.te, That the State government now existing in Louisiana, and the Army at his will and pleasure and to concentrate the Army in this represented by William P. Kellogg a-s governor, is the lawful government of said place or that place without any rest raint of law, merely in virtue of State; that it 18 republican in form ; and that every assistance n ecessar.:y to sustain its proper and lawful authority in said State should be given by the Uruted States, the oath which he has taken to support the Constitution of the United when properly called upon for t.hat purpose, to the end t hat the laws may be faith- States, this Government had cea-sed to be a republican government fully and promptly executed, life and property protected and defended, and all and was nothing more nor less than a military despotism. Wbat I "\riolators of law, State or national, brought to speedy punishment for their crimea. said then I believed honestly, and I believe it now. In my opinion, This I say was a bolcl, plain, direct proposition, recognizing the if the conduct of the Executive is sanctioned b)T tltis Senate and a.ction of the President, recognizing the government of Kellogg as shall be sanctioned by the people in the election that is to come two the la.wfnl government of that State, recognizing it as being repub- years hence, this Government has ceased to be republican and is lican in form: and it was plain and expressive. This resolution went nothing more nor less than a military despotism. For if it be proper, 1875. CONGRESSIONAL RECORD. 129 if it be competent, for the Executive of this nation to concentrate in sanction Cresarism. I know the extent of the dry-rot-if I may any State the military force of this Government to interfere in the use the expression-which pervades a large portion of the people organization of its Legislature, to interfe1·e in elections, to control the of the United States. I know how they are overc()me by the bland- State machinery in any shape or in any way1 the whole system of the ishments of power, by the allurements of office, by rewards of vari- Government is destroyed, and he becomes ill point of fact a great ous kinds, high official positions, great offices having enormous military despot, having all power in his hands, and this Senate and emoluments. I know that the country is covered over with eighty the lower House will sink to nothing ; Senators will be elected by thousand office-holders, -who are all the aiders and :tbettors of a. one- Legislatures created by the President, members of Congress will be man government if they can maintain their positions. I know it; · elected by constituencies influenced by the action of the President, and this resolution will present to the mind of the people at the very and iu that way this great conservative body will be destroyed and next election this greatquestion: "Are you prep:tred,,citizens of the Senators will be sent here merely to register the edicts of the Execu- United Statos, to sanction the exercise of power by the P-resident of tive, no matter what those edicts may be. this nation such as is contemplated here Y Are you prepared t.o say that Viewing the question in this light, looking upon this as a great step the President has a right to send troops to any State of the Union to toward individual government, I am compelled not only to vote influence the organization of its Legislature Y Are yon prepared to against the resolution but to do all in my power to prevent its pas- say that it is competent for the Executive of the nation, acting alone on sage ·hand as the passa~e of it in my estimation is a foregone conclusion, his oath of office, to command and to order the hlghest officers of this all t at I can do as a numble Senator on this floor is to awaken the Government to travel over this country to obtain information to be people, to draw the attention of the people of the country to the great communicated to him individually, regardless of the organization of danger which now threatens them. . the Army, m:tkin~ i"t; a mere individual military powerY· Are you Mr. President, history is so full of w~rning on the subject that it prepared for this!' requires some courage to refor to that which must be and no doubt is Mr: SARGENT. Will my friend allow me to ask him a question l so well known to every Senator on this floor, but nevertheless it ~ Mr. BOGY. Certainly. do no ha,rm to go back and to see·and to state and to point on£ how Mr. SARGENT. I should like to ask tho Senator if the same idea, faithfully we are traveling the same broad road which other nations the same ar~ment, was not in the mind of Wilkes Booth when he have traveled heretofore. Crosarism, a modern word, has become flourished hiS bloody dagger on the stage at Ford's Theater and ex- very common to express individual power. It does express it very claimed " Sic semper tyrarmis ?" · well, because it is perfectly historical. Individual power in modern Mr. BOGY. The question of my friend-for I will use that word- times is called Crosarism. What is meant by Cresarism Y By it is from California is altogether averyimproperquestion. Theword "im- meant power in the bands of one man, and it had its origin two thou- pertinent" is not a word which should be used by a Senator. There- sand years ago. Cresar himself attempted to establish Cresarism. fore I cannot use that word, but his question is not pertinent. The "great Julina" himself attempted it, and if any man on the face Mr. SARGENT. If my friend will allow me a moment, I will s:ty of the earth was worthy of being a Cresar certainly he was, for he that I understand Booth's objection to the President there slain was was an ornament of our race, remarkable in everything which can that he was a tyrant. His words conveyed that allegation. I wish distinguish human nature. In peace and in war, in the arts and the to know whether the Senator's argument does not go too far in the sciences, in eloquence and literature, he had not his peer at that day, same direction · if it and his illus~ations do not imply the right t.o has never· had his superior from that day to this. He attempted to remove the ruier who it is a.ssumed tramples on the liberties of the establish Cresarism in Rome. He met with opposition and lost his country. That assumption is easily made, and, :18 it seems, acted life in t.he attempt. The dagger of Brutus stopped him in his career; upon. But shall each man judge for himself if the.liberties of the but Cresarism was born with him. The first :tttempt made by him, country are tmmpled on, and apply the remedy by" assassina-tion 7 although he individually failed, went on growing, growing from one That is all I intended, and meant no offense. · tbing'to another, until a line of Crosars reigned on the throne of Rome Mr. BOGY. The question of the Senator from California i.e not per- for many, many generations. It ·w:1B a growth. Look back at the tinent; nevertheless I can give it a good answer. First, not having history of Augustus. He did not want to be a Crosar at the begin- at all any sympathy with Booth on that occasion or at any time, I ning. He professed to be a lover of liberty, a lover of the people, cannot exactly say what was in his mind. His was the act of an in- accepted the consulship with great diffidence, and at one time resigned sane man. But this I can sa~, that the question ·of my friend from it because he thought i~ better that the office should go back to th~ California suggests this idea: that all men in all ages of the world people that they might elect another person, designing all the time who have aimed at the destruction of the liberties of their country not only to maintain his consulship but to obtain augmented powers, have first impressed upon the mind of the country that their person which he did. It went on from one encroachment to another, from wg.s in danger and therefore they h:td to be protected by gu:trds to one concession of power from the great senate of Rome to him, until prevent their person from being assailed. Pisistmtus, the tyrant of he became the absolute individual dictator of Rome and of the whole Athens, was surrounded by an army to prevent his life from being civilized world. t11ken from him, and he conquered the liberties of Athens. His life So it was in England. Cromwell first swayed the destinies of Eng- was at no time in danger, but he used it as a mere excuse and became land only because he wa,a the great military hero of th:1t terrible revo- the tyrant of his country. ·' lution. With that title, merely as the commander of the army of Sir, such &rguments are part and parcel of the idea now dominating England, be soon became protector by law. He was anxious to be- this land, tha.t the Executive must be surrounded with extraordinary come the Cresar of his country, to become king, and gradually, ru1d protection, and that be must be upheld in the exercise of power mpidly too, powers were added to him from day to d:ty, and had he whether the power that he h:tB exercised be within the limits of the lived he would have been crowned King of England. Constitution or not. I say that the home of liberty is not in the ex- But the most remarkable growth of Cresarism perhaps was that ecutive department; itisin the legislative department; anditwould in France under the :first consulate. Three consuls were elected in be a great deal better for us to be protected in the disohar~e of 6ur France. Neither of them was elected to be first consul. Bonaparte independent duties than to make any effort to protect the life of the was one, Sieyes, the great constitution-maker of that day, the great President, without at the same time saying anything which can in Sieyes in the work of making constitutions in th:tt period, was a.nother, any way be construed that I would encourage anything of the char- and there was a third whose name at this moment does not occur to acter to which the gentleman h:tB alluded. me. They were elected to be the consuls of France, and as consuls The tendency of the day is toward executive power. That is my they met to decide what department should bedevolved on ea-ch one. argument. The tendency of the Government is ill concentrating all At the very first meeting Sieyes expected to be chosen the :first con- power in the hands of the Executive, a.nd I as an American citizen sul on account of his age, on account of his admitted le:trning, on ac- am profoundly convinced that that tendency, if not checked, will count of the fact that he had shown great ability in m:tny legislative lead to the destruction of the liberties of this land, and that we can- assemblies of France and in making constitutions for the whole of not check it too soon. I do not speak of this as a party man; I speak Europe; but at that very first meeting Bonaparte was selected. of it in the higher position of an American citizen. Liberty and the When they adjourned a friend of Sieyes met him as he c:tme out of spirity of liberty, freedom and the spirit of freedom, can only be the room and asked him who was the first consul. 'Why," said he, mainta,i ned and can only be transmitted through the legislative de- "General Bon:tparte is the :first consul." "Who is the second f" "Bo- partment of the Government ~nd not through the executive, a.nd naparte." "Who is the third T" "Bonaparte." ''Why," said Sieyes, whenever the Executive of the people becomes the protector of the "he knows all, he wants all, he dares all. 71 "Well," said his friend, people in law, he is the protector in fact and he is in reality their ''what are you and your colleagues!" "Nous smnmes des imbeciles;" mg,ster. in other words, "we are fools." Cresarism was established. Yet that Not very many years ago this question was discussed in this very was a temporary thing. Bonaparte was to be consul only for a very Ch:tmber. It arose under the administration of General Jackson. short period of time; but it grew, and in a short time afterward he Mr. Duane, Secretary of the Treasury, declined to remove the depos- was made consul for ten years, and in a short time after that he was its from the Bank of the United States. He WM removed by General made consul for life with the right of transmitting the office to his Jackson from the offi.ce of Secretary of the Treasury and Roger B. legal heir, and in a very short time it grew and he became the Crosar Taney, who afterward became the Chief JuGtico of this country, was of his country. · put in his place. He obeyed the mandate of the Executive, and that Mr. President, so it will be here in a very short time. Although it I think is the weakest part in all the history of the great Chief J ns- p:tins me to know that a resolution of this kind can be entertarned tice. For doing so the Senate condemned him and passed a resolu- by the Sen:tte of the United States, yet it may be a fortunate thing tion condemnatory of the Executive, because it was thought then that it comes at this period of the world. It may be, and I think is that there wa,a a great tendency to executive usurpation and the con- the fact, th:tt the people of the United States are not yet pr~pared to centration of power in the hands of t.he Executive. IV-V / 130 CONGRESSIONAL RECORDo MARCH" 22, Mr. SAULSBURY. Will the Senator from Missouri allow me to dential election, and the question ~ill be placed before the men of interpose Tight there T · ·this country whether they are disposed to sanction a rapid accumu- Mr. BOGY. Certainly. lation of power in the hands of the Executive or whether they are Mr. SAULSBURY. The Senator from Missouri has referred to the not. And, sir, mind what I tell you, judging of the future by the action of Mr. Taney as Secretary of the Treasury in removing the pRst, a storm will sweep over this land the like of which has never deposits from the United St.ates Bank, and said that he considers that yet been seen, and the party, Mr. President, [Mr. MORRILL, of Maine, the weakest point in all the history of the late Chief Justice Taney. in the chair,] of which you are so distinguished a member will be I wish to say to the Senator from Missouri that in a-cting in that placed in the position where my party was placed a few years ago. manner the late Chief Justice of the United States only acted in ac- The democratic party, in a spirit of perfect fidelity to the Constitu- cordance with what he believed to be right prior to his becoming tion, became the pro-slavery party, of the nation, because they be- Secretary of the Treasury. I believe it is stated in his biography that lieved, as I believed, that the ins~itution of African slavery, no matter he had repeatedly -urged upon General Jackson the necessity of the what might have been its character, was protected by the Constitu- removal of the deposits from the United States Bank; so that when tion as it had been handed down to us by our fathers. Believing it he became the Secretary of the Treasury and acted under the order to be a right protected by the Constitution, the democratic party of the President in making that removal he was but carrying out maintained that right and were pla-ced a.s a party in a position op- what he. had previously urged upon General Jackson as his duty as posed to the great spirit of "llliversalliberty and we could not help President of the United States, and I do not join in the intimatiQn of ourselves. Your party, sir, mounting the popula.r cry of universaJ the Senator from Missouri that it wa-s any blur whatever upon the liberty, the cry of emancipation, created a storm which for the time character of the late Chief Justice Taney. being swept us from the puwes of political power and you rode into , Mr. BOGY. · I am much obliged to the Senator from Delaware for power. The citizens of the Southern States acting in the same way, this little episode, for I did not desire to be understood as ca-sting any actiug as they believed in obedience to a right guaranteed to them by reflection on the life of tbe late Chief Justice. I would say more: As the Constitut.ion, attempted to maintain that unfortunat~ system of Attorney-General of the United States he bad advised the President slavery in their own way, and they encountered the great popular that the deposits should be removed, and that were he Secretary of storm which for the time being annihilated them. the Treasury he would remove them ; but nevertheless he accepted There is in free countries-and thank God that there is and as office and removed the deposits and la-id himself liable to the censure long as it continues we shall see it-a spirit of liberty, a spirit of to which I have alluded. I have no doubt that he acted in accord- love of freedom, which is a part a.nd parcel of the human organiza- ance with his previous convictions; · nevertheless, as it is the duty of tion. In all countries indeed, I may say it bas exist-ed and it has ex- the Secretary of the Treasury to report directly to Congress and not isted in all ages. The love of freedom, the love of liberty, exists in to the President-in other words, although he is one of the Cabinet all. animated nature. It is not confined to man. All animated na- he is supposed to be more the minister of Congress than of the Presi- ture seeks and sighs and struggles for freedom for itself. We will dent-it was thought at the time to be yielding to executive dicta- occupy the position before this nation that you occupieil. a. few years tion beyond that which was believed to be proper at that da.y. But ago as the party of freedom, when you will be placed ;where you what then was supposed to be so highly improper and which called ought to be placed as the partywhich sustains despotic power in the from Mr. Clay some of his most eloquent speeches would now be con- hands of one man, and you will not be able to shake off that shirt of sidered as amounting to nothing at all. The powers of the Executive Nessus, but you will wear it and wear it, I hope to your political de- from that day to this have grown so enormously, that an act of that struction. Such will be the result. .This question will go to the peo- kind would not. be noticed at all at this day. That is the objection I ple. All over this land, on every hill, on every mountain, in every have to this resolution; it is sanctioning the tendency of power int.o valley, along every river, from the North to the South, and from the · the hands of the Executive, while I would like to see a tendency to- East to the West, will the young men of this country appeal to the ward the legislative department, I repeat. Not as a party man do I people of the Union whether they ~e in favor of putting all power say, but I say it in my higher character of a citizen of this country, in the hands of the Executive or not. Such will be the question, that I see with great re~et that such is the tendency. No one can and you cannot avoid it. doubt that power is rap1dly passing from this body to the other end Mr. President, viewing the question in that light, I am of course of the avenue, 'a.nd at the rate that we 'are going now it will be but a. opposed to the resolution. I see no good even to the party of which very few yeMS till Congress will be a body without any power, till it you are a member that can result, but much mischief. What can be will be impotent for good and only potential for mischief; powerless your object f What is the secret motive 7 What do you wish to for any good what-soever, but all powerful for a great amount of attain by the passage of t.his resolution Y It sanctions the one-man mischief. power and nothing else. What is the argument? Is there not some- If it is not the object to strengthen executive power, why is this thing beyond 1 Is there not something that we do not see, some- resolution introduced at all T What motive could have impeJled the thing hidden, some great object to accomplish? There must be. Senator from Indiana to have introduced the strong and expressive When a resolution of this kind meets the approbation of a number resolution which he introduced on this subject T What motive could of men of ability and of experience, men of known statesiPanship, have dictated either of the other resolutions but one to sustain the there must be a hidden purpose somewhere that we do not know. Executive in the exercise of a power which in the estimation of many Why should you desire to strengthen the arm of the Executivef Is Senators on this floor he does not possess f The Senator from Ver- it only as a matter of personal compliment to him, soothing to his mont, [Mr. EDMUNDS,] one of the leading minds on the other side of feelings Y You have no power to do it as a Legislature. It is a mere the Chamber, speaking upon this subject but a few days ago, denied experssion of opinion on the part of the Senators on this floor, which utterly the power of the Executive on this subject, :tnd yet I presume at the same time will go far to proclaim to the world that this exer- he· will himself vote for this resolution. He has either got to vote cise of executive power is legitimate. for it or against it. If he votes for it, he bas to take back that which We talk, sir, of the rights of the States. I heard a gentleman he said the other day denying to the President all power upon this speak most ably and most eloquently about "sovereign States" the subject. He said: night before last. Wby, sir, what will become of the sovereignty of :But, sir, I will not waste your valt121ble time in further discussing that question. the States if all power is in the hands of the Executive ; and indeed I am bound to say as a Senator of this body that the attitude of tlie President of how far are States sovereign at the present day f My friend from the United States as President upon this subject is absolutely immaterial to me. Connecticut [Mr. EATO:N] claims that they were sovereign before I know of no clause in the Constitution or in the L1.ws that gives the Preeident of they came into the Union, continued to be, and are so now. The the United States any right whatever- Senator from Indiana [Mr. MORTON] and I might say the Senator to interfere in this matter. The Senator from Vermont denied the from Massachusett-s [Mr. BoUTWELL] deny the proposition. I say absolute right of the President ; it ha.s been denied by many Senators that if the people of the United States sanction the resolution which on that side, 'and yet we are called upon now to face this thing and is presented to this body, there will be no sovereignty left in the to record our votes for it or against it. If you sanction it now, where States at all, if there be much left now. That the States at one time is it to end f Sir, there will be no end. Power is tending rapidly, were sovereign I have no doubt. When the question of citizenship rapidly indeed, into the hands of the Executive, and it will be a very was one left with the States alone, when the United States Govern- short time till he will have all power. He is now commander of the ment had no citizens,. we could not be a nation, because citizenship is Army, commander of the Navy, having the right to appoint all the essential to nationality. There cannot be a nation without a citizen. sixty or seventy or I believe eighty thousand ·office-holders of the It is impossible; it is a simple absurdity. And as there could be no United States, having the power to remove them and appoint others in citizens of the Unit,ed States separate and apart from State citizen- their stead, controlling the entire machinery of the Government. All ship, it was rather difficult to comprehend that there could be such that is needed is a subservient Congress. Let a Congress meet here a thing as nationality in this Government. That might have been a at a future day that is subservient, and what becomes of the liberties matter to be deplored or a matter to be approved; but at the pres- of this country f And will not such a Congress come, if it has not ent day the reverse is the fact. Citizenship is created alone by the yet comeT I do not wish to be understood as saying that it has yet United States, · and t.he States have no power over the subject at all. come, but will it not be sure to come if you permit the Executive to Under the fourteenth amendment it is a power which has been have any say-so in the eJections of the States f Will he not so arrange wrested from the States and given to the United States, and now it that none will be elected but men of his own way of thinking, and there is such a thing as a citizen of the United States independent then this great and dignified body will have sunk into uttercontemptf from a citizen of a State, and it may be that this now is a nation. I am opposed to it i yet, as I said awhile ago, it may be a fortunate 1n my estimation it is, and in my estimation it is a great nation, and thing that the questiOn is presented at this day to the American peo- my desire is that it shall continue to be not only a great nation but ple. These resolutions will play an ilnpo:rtil>nt part :in t~e next presi- the weate~t and t4e mi~hti~st that has ever existed on the face of 1875. CONGRESSIONAL RECORD. 131. the earth. But, sir, if you concentrate power in the hands of the regret that when called in executive session the Senate should have Executive, ~·our States ·will not amount to so much as a proconsul- transcended what I conceive to be the legitimate limits of the busi- ship of the Roman Empire. The great f.t.ate of New York, having ness in which it can properly engage to engage in the consideration within its borders the large city of New York with a population of of matters such as this. five millions of people, will not have as much sovereignty as the little lly the introduction and passage of these resolutions we propose in kingdom of Hawaii has to-day. It would have no sovereignty at all, advance to express an opinion a.nd commit the Senate to the indorsa- having no power, the President having the right to control its Leg- tion of the acts of the Executive in a manner which might hereafter isla,ture; for if he has a right in Louisiana he has in New York. Lou- embalTass and impede our action. Remember that under the Consti- isiana is as much a State a-s New York, or Vermont, or Maine, or any· tution the Senate in some case~;; becomes a court of last resort, whose other State; and if he has a right to control a Legislature in the duty it is to try and decideallallegationsmadeof maladministration State of Louisiana and thereby shape the election of Senators, he has of power in the hands of the Executive. Whether the case under the same right in New York and in your own State, and the day will consideration be one which might properly be re~arded as coming come when that right will be exercised, and then what becomes of within this rule it is not for me to say; but the effect of acting upon your State sovereignty T It is now in my estimation-and I am very the subject will bo to establish a precedent which, if not in this, yet sorry to say it-but a very feeble sovereignty. I regret it, for I be- in some future case, may debar UM from the proper exeroise of those lieve that the long duration of this Government, the security for judicial functions which may devolve upon us. This I conceive to be freedom, the security for liberty, the security for all those great a valid objection to the passage of such a resolution as this now pend- principles that form freedom and liberty~depends on securing to the mer. States of the Union sovereign powers within the limits of the Con- The history of this measure is fraught with instruction. If public stitution, or making them sovereign on their own territory at home reports be true, and I have no disposition to question them, it has without the power of the President to control them at all excepting been carefully: considered day after day in a party caucus and with in those matters which have been expressly delegated to the Gov- much difficulty have conflicting views been harmonized. Something ernment or which follow by necessary implication. But with an objectionable mu t have been embodied in the resolutions, some e- overgrown Executive at the head of the Army and the Navy and rious defect, either in the mode in which they were drawn or in with the appointing power, all power has passed from the States, all principles to which they commit the majority, must have existed to power has passed from Congress, and an power is lod~ed in one man, require suc~matnre and repeated deliberations beforeitwasthougbt and that is what in modern times is called Cresarism, nnperial power. proper to lay them before this body; yet when they come before us Sir, I call upon the Senate of the United States not to encourage the distinguished gentleman who presented the substitute now un- such a tendency, to check it now; keep the pow.er here and in the der consideration indicated a purpose to a~t upon it at once, without other House; keep the power where the States can exercise it throqgh discussion upon that side of the Chamber, declaring in few words their Senators and the people through their members of the lower that argument on both sides waB exhausted, that it had been de- House ; keep it there, and as long as you do that this Government bated for such a length of time that nothing new remained to be said will go on fulfilling its high mission ; but put it in the hands of your upon it, and therefore he saw no motive, no reason, no object for Executive and its days are numbered and they will not bo many. more prolonged debate. Sir, I did not rise for the purpose of making a speech in regard to It appears to me that it would have been both opportune ancl ap- myself or for the purpose of indulging in declamation. I felt it to be propriate had this distinguished Senator, or someotherwhoapproves my duty as a Senator, as a citizen of this country, to raise my feeble the resolution, indicated to the Senate some of those reasons which voice as a voice of warning upon this most important subject. Let proved sufficiently potent to induce them to abandon the views pre- us stop now. Let us stop where we are. Let us not encourage this viously enunciated in this body, to recede from their refusal to tendency, which we all know is fact increasing from day to day. Let indorse the acts of the Kellogg and Pinchback government of Louisi- us stop it; and if we do that we shall have done more to perpetuate ana and consent to an indorsation of every act done by the Execu- liberty and freedom than has been done in this country for many tive in defense and maintenance of that governm_e nt. It; will be years. · remembered that it was urged here during the discussion of the Mr. President, I regret that I have detained you so long, ancl with- Pinchback resolution by several distinguished Senators of the ma- out further remarks ! .yield the floor. jority that that government wa-s a monstrous usurpation, that it had Mr. WITHERS. Mr. President, withverylimitedlegislativeexperi- no legal existence, ::md consequently the applicant who had knocked ence, all unused to discussions before so grave a deliberative body as so loudly at the doors of this Senate Chamber was rejected, or, what this, all the experience I have ha-d in the discussion of questions of was tantamount to a rejection, his case was relegated to December state-craft being that derived from the rude·assemblages of the hust- next for further consideration. I assume, therefore, that some mo t ings, I appear with great deference and with a profound feeling of cogent argument must have been used with Senators who thus re- distrust in my capacity properly to discha.rge the duties incident to my fused to indorse the resolution for the admission of Pinchback to position, and attempt to discuss a question which has already been worn induce them to approvE5 this resolution, which is based upon a recog- threadbare by the concentrated analyses of minds matured by legal nition of the validity of the very government that sent Pinchback experience, by enlarged statesmanship, and by thorough knowledge of here. the subject. I know that it woulcl be presumptuous in me to suppose Sir, ! _would have been pleased had it comported with their sense that I can say anything new upon a subject already so thoroucrhly of propriety to have been enlightened on these subjects. I should discussed. But, Mr. President, when I remember that I stand here have been plea-sed to know why it is that the President is thus fully, as the representative of one of the old thirteen States which originally completely indorsed in his recognition of a government which dis- composed this Union; a State which I undertake to say contributed tinguished Senators on this floor have on more than one occasion pro- as much to the construction of this Government a-s any other; a State nounced to be a usurpation and a fraud and no legal government at which in times past has wielded as much influence upon the policy all. We we-re told during the discussion of the first resolution pre- of this Government as any other; a State whose sages, whose soldiers, sented by the distinguished Senator from Indiana, [Mr. MORTON,] by and whose statesmen surrounded the very cradle of our national that Senator and by several others who participated in the debate, existence and with firm hand steadied the reeling pillars of that that it was absolutely essential to the peace and prosperity of this infant State and .fixed them on the firm basis of a free constitution; country, for the preservation of good order in Louisiana, for the pro- a State whose sons have ever been found first and foremost in defense tection of life and property in that State, and ~r the vindication of of those great principles of constitutional liberty which underlie the the sovereignty of that State, that the question should be decided foundation of our Government, I may well claim for that State a here and now; that Louisiana should no longer be permitted to re- right to be heard on an occasion such as this, when the fundamental main with but one representative upon this floor; that the condition principles of republican liberty are assailed and when it seems to be of chaos and confusion which existed there should be rectified by the the fixed purpose of the majority to establish a precedent which will fiat of this Senate; and one distinguished gentleman [Mr. LOGAN] forever break down the distinctive features of this National Govern- went so far as to say that we ought, of necessity and prop:5iety, to ment and establish upon its ruins a consolidated despotism. recognize either the one or the other of the claimants of a seat in the If in the progress of this discussion I shall in any way transgress Senate from the State of Louisiana. He told us if we would not the rules which custom has decreed in the consideration of matters admit Pinchback we ought to admit McMillen and settle this vexed before this body. I beg in advance to apologize therefor and -to say question, put an end to the confusion. Senators declared all this to that it is not my purpose in any sentiment that I utter, in any ex- be a necessity, and called upon us, by our sense of propriety, by our pression that I use, to derogate in the slightest degree from the duty as Senators, by our patriotism, by our regard for the peace and dignity of this body or in any way to lower the high prestige of a safety and happiness of the people of Louisiana, to pronounce a de- bony composed of the conscript fathers of this Republic. cision. Yet when the time came and the vote was about to be taken In commencing my discussion of the resolution now pending I feel which would decide this tremendous issue, a Senator [Mr. WEST] impelled to concur in the sentiment announced by several who have rose in his place, simply stating that because the party appeared preceded me on this side of the question, and to deny utterly the not to be united in opinion, therefore all these grave considorations power of the Senate t.o consider in executive session a measure so must be "whistled down the wind," and Pinchback's case postponed fraught with the most important interests, but utterly foreign to the until December next, leaving these momentous issues all unsettled, business which we have been convened to consider; and while I do these terrible dangers still innninent, theso s.a~red rights yet unvindi- not presume to qu,e stion the correctness under the rules of the Sen- cated, lest forsooth the interests of the party might be jeopardized. ate of the decision of our Presiding Officer in declaring that t.heques- Ancl here I take occasion to give expression t.o my full appreciation tion of admissibility could not be entertained by the Chair after a of all the high qualities of a parliamentary leader as exhibited by the resolution is once introduced into this body, I yet must express my distinguished Senator from Indiana [Mr. MORTON] during the prog- 132 CONGRESSIONAL RECORD. MARCil 22, ress of this discussion. Cool, ~atchful, and determined, with a clear on the part of the Executive; and gentlemen who now press them and logical intellect which enables him to ~asp at once the strong upon us with such unyielding determination may find to their cost point of eve.ry question that is presented, of mdomitable will, with a that, "like curses and chickens, they will ultimately come home to heart unquailing and a hand unflinching, he is prom,pt at all times to roost." euforce party discipline whenev~r necessary. Wielding the whip of When we look at the various steps in this direction which have his pa.rty with relentless hand he lashes into subservience many who been taken by the Chief Executive of this GoYernment during his seem at first disposed to be a little recalcitrant. His a-ction assimi- incumbency in office, if we fail to see in them a fixed determination lates so closely those to which I have often been a witness, that I feel to exert, if not to usurp-! do not like to use a har h term-but to impelled to run the parallel, albeit a little out of place in this Cham- exert and exercise powers not delegated by the Constitution, we must ber, but which I hope will be pardoned in consideration of the par- be dull scholars indeed. Trace his history from the time of his first tialities of a distinguished official, not very remotely connected with assuming the presidential chair to the present moment, and you will this subject. So have I seen the skillful driver of a restive team, find that repeated acts of aggression upon the other departments of composed of horses of different tempers and different dispositions, the Gov£1rnment have marked his executive career. We find that when he comes to the pinch of the hill, find it necessary to wield with time and again has he exercised powers and wielded authorities relentless hand the whip and lash the sluggish horses into obedience. which were not delegated to him by the Constitution and the laws. The Conestogas respond promptly to the whip, but if there should be In Alabama, in Mississippi, in Louisiana, in .Arkansas, in Tennessee, in that team n.ny high-mettled thorough-bred the touch of the lash has milita-ry usurped the place of civil law under the orders of rouses him to resistance and he indignantly refuses to obey the de- the Exeeutive, public right!f and private liberties have fallen pros- mand of his driver ; he rears, plunges, and finally "kicks out of the trate at the feet of arbitrary-power, and the most sacred provisions trn.ces." Under such circumstances what does a good driver do f Pre- of the Constitution been ignored and defied. Legislative assemblies cisely what was done in the instance before us. He no lGnger plies have been constituted and destroyed without regard to the voice or tho lash, but substitutes the soothing process i .he coaxes him with wishes of the people. Governors have been made and unmade by honeyed words; he pats him on the ba-ck, calls him a" good fellow," the fiat of the Executive. Property, liberty, and life, no longer con- coaxes him into good humor, and when his docility is thus restored, at fiding in the prQtection of the Constitution, have been held by the the word he presses forward and the obstruction is overcome. frail tenure of the prejudice or caprice of a military commander, and But let us return to the consideration of tho resolution now pend- now we are asked to ratify and indorse these a-cts. ing. Modified a-s it has been from the form in which j.t was originally Still more recently we find that he has asked for powers and peti- presented, it still retains substantially the same elements in its com- tioned the CongreSB to grant authority which, if conferred, would position. I do not, for example, see the advantage of the substitute sweep from existence the most cherished provisions of our laws, and offered by the distinguished Senator from Rhode Island for the origi- leave us a Constitution that would not be worth the snap of a finger. nal resolution inasmuch as it differs from it only in striking out that Fortunately for the coun-try this "force bill" failed to become a law, portion which authorizes the President to continue to recognize in but the fact remains no less startling and significant that the Presi- the State of Louisiana the existing State government. If the exist- dent anxiously desired to be clothed with these powers, which would ing Stn.te government be the lawful government, if it be the true have made him master of the situation in the coming presidential government of that State, if the Executivo bas done nothing but election, and enabled him to control and determine the electoral what is right n.nd proper in recognizing and sustaining it, what vote in four of the Southern States. Pass this resolution, and the objection can there be to pledge in a-dvance the support of the Sen- President of the United States may very well hereafter assert and ate in his future recognition of that government? I repeat therefore exercise the same powers which have proved so potent in Louisiana that I cannot see a substantial difference between the amendment in any other State in this Union, and plead in extenuation and which has been offered and the original resolution, but I have no excuse 'that he has the authority and indorsation of both Houses of • doubt it is perfectly right and proper; only the distinguished gen- Congress for the act. Remember that the sole pretext on which his tleman who moved it hn.s not thought proper to enlighten us as to action in Louisiana is based is that it was necessary to preserve the what was desired to be n.ccomplished thereby. public peace and protect tho State from domestic violence. Is there It has been intimated that this resolution ha-s not the force of law, any evidence to sustain the allegation f I have listened and looked that it is a mere placebo, which the Chief Executive of this nation is in vain for it. On the contrary, nothing had. occurred in this case anxious to have passed that his action in this respect may ):>e in- but what had occurred repeatedly before in the history of this conn dorsed by the Senate, as it has been already approved by the House try-a division of sentiment on the part of the people as to who was of Representatives. Well, sir, I do not regard the resolution in that the legally-elected governor and Legislature of the State of Louisi- light. It is true that it is no specific enactment; it is true that it is ana. Threats of violence and possibility of collision may have ex- a mere expreSBion of the opinion of the Senate, which may be well isted; but there were no scenes of actual violence, so far as I am assimilated, as ha-s been done, to the action of a popular assem_bly or advised, at the time the armed minions of a military President a political conventien; but, my word for it: there is somebody be- marched throng h the halls of the Louisiana Legislature and hurled hind the scene who is sufficiently astute to know that such action by from their seMs men who claimed to be elected by the people at an the Senate means something, and if it be carried out it will bea.r fruit election held in accordance with law, and which we have the au- and such fruit probably as many of the gentlemen who now favor it thority of a congressional committee composed of republicans in will be sorry to see ripen. believing were thus legally elected and entitled to their seats. The pa.ssage of this resolution is the indorsation of an act which The claim of a usurping ~overnor, holding his seat by the fiat of a those of us who have been trained in a stricter rule of constitutional Federal ,judge, who e demsion was not had in accordance with law C8nstruction than is now fashionable cannot admit was justified by but in direct violation thereof, constituted the sole ground for this the Constitution or the law. In fact, I regard the introduction of military interference. this resolution an admission that the acts which are here alluded to I ask you, Mr. President, where is the State in which the same were not done in consonance with the Constitution or the laws of this scene cannot be repeated, especially if you give it the stamp of your country. . I believe this to be the legitimate and logical deduction to approval f Assuming for the sake of the argument that there shall b·e drawn from the introduction of the resolutions themselves. When ever be an Executive (whether this or some future Executive) who before was it ever thought necessary in executive session to solicit desired to concentrate in his own· hands all the powers of the legisla- the approval of the enate of the United States of any act of the Pres- tive and executive departments, to become absolute and supreme in ident which was performed in strict and known accor