The campaign text book. Why the people want a change. The Republican Party reviewed: its sins of commission and omission

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THE

Campaigii Text Book.

WHY THE PEOPLE WANT A CHANGE.

The Republican Party Eeviewed :

ITS SINS OF COMMISSION AND OMISSION.

A SUMMARY OF LEADING EVENTS IN OUR HISTORY UNDER
REPUBLICAN ADMINISTRATION.

COPYRIGHTED, 188a

ISSUED BY THE

NATIONAL DEMOCRATIC COMMITTEE.

NEW YORK:

1880.

PRESS OF

JOHN POLHEMUS,

No. 102 NASSAU STREET

NEW YORK.

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2.21^;

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THE DEMOCRATIC PLATFORM.

Adopted hy the National Democratic Convention held at
Cincinnati, June 1880.

The Democrats of the United States, in Convention assembled, declare

1. We pledge ourselves anew to the constitutional doctrines and traditions of
the Democratic party as illustrated by the teachings and example of a long line
of Democratic statesmen and patriots, and embodied in the platform of the last
National Convention of the party.

2. Opposition to centralization and to that dangerous spirit of encroachment
which tends to consolidate the powers of all the departments in one, and thus to
create whatever be the form of government, a real despotism. No sumptuary
laws ; separation of Church and State for the good of each ; common schools
fostered and protected.

3. Home Rule ; honest money, consisting of gold and silver, and paper con-
vertible into coin on demand ; the strict maintenance of the public faith, State
and National, and a tariff for revenue only.

4. The subordination of the military to the civil power, and a genuine and
thorough reform of the Civil Service.

5. The right to a free ballot is a right preservative of all rights, and must and
shall be maintained in every part of the United States.

6. The existing Administration is the representative of conspiracy only, and its
claim of right to surround the ballot boxes with troops and Deputy Marshals,
to intimidate and obstruct the election, and the unprecedented use of the veto to
maintain its corrupt and despotic powers, insult the people and imperil their
institutions.

7. We execrate the course of this Administration m making places in the Civil
Service a reward for political crime, and demand a reform by statute which shall
make it forever impossible for a defeated candidate to bribe his way to the seat
of a usurper by billeting villains upon the people.

8. The great fraud of 1876-77, by which, upon a false count of the Electoral
votes of two States, the candidate defeated at the polls was declared to be Presi-
dent, and for the first time in American history the will of the people was set
aside under a threat of military violence, struck a deadly blow at our system of
representative government. The Democratic party, to preserve the country from
the horrors of a civil war, submitted for the time in firm and patriotic faith that
the people would punish this crime in 1880. This issue precedes and dwarfs
every other. It imposes a more sacred duty upon the people of the Union than
ever addressed the consciences of a nation of freemen.

4 GENERAL HANCOCK's LETTER OF ACCEPTANCE.

9. The resolution of Samuel J. Tilden not again to be a candidate for the
exalted place to which he was elected by a majority of his countrymen, and from
which he was excluded by the leaders of the Republican party, is received by the
Democrats of the United States with deep sensibility, and they declare their con-
fidence in his wisdom, patriotism and integrity unshaken by the assaults of the
common enemy ; and they further assure him that he is followed into the retire-
ment he has chosen for himself by the sympathy and respect of his fellow citizens,
who regard him as one who, by elevating the standard of public morality and
adorning and purifying the public service, merits the lasting gratitude of his
country and his party.

10. Free ships and a living chance for American commerce on the seas, and on
the land no discrimination m favor of transportation lines, corporations, or
monopolies.

11. Amendment of the Burlingame treaty; no more Chinese immigration,
except for travel, education, and foreign commerce, and that it even carefully
guarded.

13. Public money and public credit for public purposes solely, and public land
for actual settlers.

13. The Democratic party is the friend of labor and the laboring man. and
pledges itself to protect him alike against the cormorants and the Commune.

14. We congratulate the country upon the honesty and thrift of a Democratic
Congress which has reduced the public expenditures $40,000,000 a year; upon
the continuation of prosperity at home, and the national honor abroad, and,
above all, upon the promise of such a change in the administration of the Gov-
ernment as shall insure us genuine and lasting reform in every department of the
public service.

GEN. HANCOCK'S LETTER OF ACCEPTANCE.

General Hancock has written the following letter accepting the Democratic
nomination for the Presidency of the United States :

Governor's Island, )

New York City, July 29, 1880. \

Gentlemen: I have the honor to acknowledge the receipt of your letter of
July 13, 1880, apprising me formally of my nomination to the office of President
of the United States by the National Democratic Convention lately assembled in
Cincinnati. I accept the nomination with grateful appreciation of the confidence
reposed in me. The principles enunciated by the convention are those I have
cherished in the past and shall endeavor to maintain in the future.

The thirteenth, fourteenth and fifteenth amendments to the Constitution of
the United States, embodying the results of the war for the Union, are inviolable.
If called to the Presidency I should deem it my duty to resist with all my power
any attempt to impair or evade the full force and effect of the Constitution, which
in every article, section and amendment is the supreme law of the land. The
Constitution forms the basis.of the Government of the United States. The pow-

GEN. HANCOCK S LETIER OF ACCEPTANCE. 5

ers granted by it to the legislative, executive and judicial departments define and
limit the authority of the General Government ; powers not delegated to the
United States by the Constitution, nor prohibited by it to the States, belong to
the States respectively or to the people. The Geneml and State governments,
■each acting in its own sphere without trenching upon the lawful jurisdiction of
the other, constitute the Union. This Union, comprising a General Government
with general powers, and State governments with State powers for purposes local
to the States, is a polity the foundations of which were laid in the profoundest
wisdom.

This is the Union our fathers made, and which has been so respected abroad
and so beneficent at home. Tried by blood and fire, it stands to-day a model
form of free popular government, a political system which, rightly administered,
has been and will continue to be the admiration of the world. May we not say
nearly in the words of Washington : The unity of government which constitutes
US one people is justly dear to us ; it is the main pillar in the edifice of our real
independence, the support of our peace, safety and prosperity, and of that liberty
we so highly prize and intend at every hazard to preserve ?

But no form of government however carefully devised, no principles how-
ever sound, will protect the rights of the people unless administration is faithful
and efficient. It is a vital principle in our system that neither fraud nor force
must be allowed to subvert the rights of the people. When fraud, violence
or incompetence controls, the noblest constitutions and wisest laws are useless.
The bayonet is not a fit instrument for collecting the votes of freemen. It is
only by a full vote, free ballot and fair count that the people can rule in fact as
required by the theory of our Government. Take this foundation away and the
whole structure falls. Public office is a trust, not a bounty bestowed uponthe
holder; no incompetent or dishonest persons should ever be intrusted with it, or
if appointed they should be promptly ejected. The basis of a substantial, practi-
cal, civil service reform must first be established by the people in filling the
elective offices ; if they fix a high standard of qualifications for office and sternly
reject the corrupt and incompetent, the result will be decisive in governing the
action of the servants whom they intrust with appointing power.

The war for the Union was successfully closed more than fifteen years ago.
All classes of our people must share alike in the blessings of the Union, and are
equally concerned in its perpetuity and in the proper administration of public
affairs. We are in a state of profound peace. Henceforth let it be our purpose
to cultivate sentiments of friendship and not of animosity among our fellow-
citizens. Our material interests, varied and progressive, demand our constant
and united efforts. A sedulous and scrupulous care of the public credit, to-
gether with a wise and economical management of our governmental expendi-
tures, should be maintained, in order that labor may be lightly burdened and
that all persons may be protected in their rights to the fruits of their own
industry. The time has come to enjoy the substantial benefits of reconciliation.
As one people we have common interests. Let us encourage the harmony and
generous rivalry among our own industries which will revive our languishing
merchant marine, extend our commerce with foreign nations, assist our mer-
chants, manufacturers and producers to develop our vast natural resources and
increase the prosperity and happiness of our people.

If elected I shall, with the divine favor, labor with what ability I possess to
discharge my duties with fidelity according to my convictions, and shall take
care to protect and defend the Union and to see that the laws be faithfully and

6 HON. WM. H. ENGLISH'S LETTER OF ACCEPTANCE.

equally executed in all parts of the country alike. I will assume the responsi-
bility, fully sensible of the fact that to administer rightly the functions of govern-
ment is to discharge the most sacred duty that can devolve upon an American

citizen.

I am very respectfully yours,

WINFIELD S. HANCOCK.
To the Honorable John W. Stevenson, President of the Convention, the
Honorable John P. Stockton, Chairman, and others of the Committee of the
National Democratic Convention.

HON. WM. H. ENGLISH'S LETTER OF ACCEPTANCE.

Indianapolis, Ind., July 30, 1880.
Gentlemen : I have now the honor to reply to your letter of the 13th inst. ^
informing me that I was unanimously nominated for the office of Vice-President
of the United States by the late Democratic National Convention which assembled
at Cincinnati. As foreshadowed in the verbal remarks made by me at the time
of the delivery of your letter, I have now to say that I accept the high trust with
a realizing sense of its responsibility, and am profoundly grateful for the honor
conferred. I accept the nomination upon the platform of principles adopted by
the Convention, which I cordially approve, and I accept it as much because of
my faith in the wisdom and patriotism of the great statesman and soldier nomi-
nated on the same ticket for President of the United States. His eminent service*
to his country ; his fidelity to the Constitution, the Union and the laws ; his clear
perception of the correct principles of government as taught by Jefferson ; his.
scrupulous care to keep the military in strict subordination to the civil author-
ities, his high regard for civil liberty, personal rights and rights of property ; his
acknowledged ability in civil as well as military affairs, and his pure and blame-
less life — all point to him as a man worthy of the confidence of the people. Not
only a brave soldier, a great commander, a wise statesman and a pure patriot, but
a prudent, painstaking, practical man of unquestioned honesty ; trusted often
with important public duties, faithful to every trust, and in the full meridian of
ripe and vigorous manhood, he is, in my judgment, eminently fitted for the high-
est office on earth — the Presidency of the United States. Not only is he the right,
man for the place, but the time has come when the best interests of the country
require that the party which has monopolized the Executive Department of the
General Government for the last twenty years should be retired. The continu-
ance of that party in power four years longer would not be beneficial to the pub-
lic or in accordance with the spirit of our republican institutions. Laws of entail
have not been favored in our system of government. The perpetuation of prop-
erty or place in one family or set of men has never been encouraged in this coun-
try, and the great and good men who formed our Republican government and its
traditions wisely limited the tenure of office, and in many ways showed their dis-
approval of long leases of power. Twenty years of continuous power is long

HON. WM.

enough, and has already led to irregularities and corruption which are not likely
to be properly exposed under the same party that perpetuated them : besides, it
should not be forgotten that the four last years of power held by that party were
procured by disreputable means and held in defiance of the wishes of a majority
of the people. It was a grievous wrong to every voter and to our system of self-
government which should never be forgotten nor forgiven. Many of the men now
in office were put there because of corrupt partisan services in thus defeating th«
fairly and legally expressed will of the majority, and the hypocrisy of the profes-
-sious of that party in favor of civil service reform was shown by placing such
men in office and turning the whole brood of Federal office-holders loose to influr
ence the elections. The money of the people, taken out of the public treasury by
these men for services often poorly performed, or not performed at all, is being
used in vast sums, with the knowledge and presumed sanction of the Administra-
tion, to control the elections, and even the members of the Cabinet are strolling
about the country making partisan speeches, instead of being in their departments
at Washington discharging the public duties for which they are paid by the
people. But with all their cleverness and ability a discriminating public will no
doubt read between the lines of their speeches that their paramount hope and
aim is to keep themselves or their satellites four years longer in office. Perpe-
tuating the power of chronic Federal office-holders four years longer will not
benefit the millions of men and women who hold no office ; but earning their daily
bread by honest industry, is what the same discerning public will no doubt fully
understand, as they will also that it is because of their own industry and economy
and God's bountiful harvests that the country is comparatively prosperous, and
not because of anything done by these Federal office-holders. The country is
comparatively prosperous, not because of them but in spite of them. This
contest is in fact between the people endeavoring to regain the political power
which rightfully belongs to them, and to restore the pure, simple, economical,
constitutional government of our fathers on the one side, and a hundred thousand
Federal office-holders and their backers, pampered with place and power, and
determined to retain them at all hazards, on the other. Hence the constant
assumption of new and dangerous powers by the general government under the
rule of the Republican party, the effort to build up what they call a strong
government, the interference with home rule and with the administration of
justice in the courts of the several states, the interference with the elections
through the medium of paid partisan federal office-holders interested in keeping
their party in power, and caring more for that than fairness in the elections. In
fact, the constant encroachments which have been made by that party upon the
clearly reserved rights of the people and the states will, if not checked, subvert
the liberties of the people and the government of limited powers created by the
fathers, and end in a great consolidated central government — strong, indeed, for
evil — and the overthrow of republican institutions. The wise men who formed
our Constitution knew the evils of a strong government and the long continuance
of political power in the same hands. They knew there was a tendency in this
direction in all governments and consequent danger to republican institutions
from that cause, and took pains to guard against it. The machinery of a strong
centralized general government can be used to perpetuate the same set of men in
power from term to term until it ceases to be a republic, or is such only in name,
and the tendency of the party now in power in that direction, as shown in various
ways, besides the willingness recently manifested by a large number of that party
to elect a President an unlimited number of terms, is quite apparent, and must

8 HON. WM. H. ENGLISH S LETTER OF ACCEPTANCE.

satisfy thinking people that the time has come when it will be safest and best for
that party to be retired. But in resisting the encroachments of the General
Government upon the reserved rights of the people and the states, I wish to be
distincily understood as favoring the proper exercise by the General Government
of the powers rightfully belonging to it under the Constitution. Encroachments
upon the Constitutional rights of the General Government or interference with
the proper exercise of its powers must be carefully avoided. The union of the
States under the Constitution must be maintained, and it is well known that this
has always been the position of both the candidates on the Democratic Presiden-
tial ticket. It is acquiesced in everywhere now, and finally and forever settled
as one of the results of the war. It is certain beyond all question that the legiti-
mate results of the war for the Union will not be overthrown or impaired should
the Democratic ticket be elected. In that event proper protection will be given
in every legitimate way to every citizen, native or adopted, in every section of
the republic, in the enjoyment of all the rights guaranteed by the Constitution
and its amendments: a sound currency, of honest money, of a value and pur-
chasing power corresponding substantially with the standard recognized by the
commercial world, and consisting of gold and silver and paper convertible into
coin, will be maintained ; the labor and manufacturing, commercial and business
interests of the country will be favored and encouraged in every legitimate way.
The toiling millions of our own people will be protected from the destructive
competition of the Chinese, and to that end their immigration to our shores will
be properly restricted. The public credit will be scrupulously maintained and
strengthened by rigid economy in public expenditure, and the liberties of the
people and the property of the people will be protected by a government of law
and order, administered strictly in the interest of all people, and not of corpora-
tions and privileged classes. I do not doubt the discriminating justice of the
people and their capacity for intelligent self-government, and, therefore, do not
doubt the success of the Democratic ticket. Its success would bury beyond
resurrection the sectional jealousies and hatreds which have so long been the
chief stock in trade of pestiferous demagogues, and in no other way can this be
so effectually accomplished It would restore harmony and good feeling be-
tween all the sections, and make us in fact, as well as in name, one people. The
bnly rivalry then would be in the race for the development of material prosper-
ity, the elevation of labor, the enlargement of human rights, the promotion of
education, morality, religion, liberty, order, and all that would tend to make us
the foremost nation of the earth in the grand march of human progress.
I am, with great respect, very truly yours,

WILLIAM H. ENGLISH.
To the Honorable John W. Stevenson, President of the Convention, the Hon-
orable John P. Stockton, Chairman, and other members of the Committee of
. Notification.

LIFE OF WINFIELD S. HANCOCK.

LIFE OF WINFIELD S. HANCOCK.

It would be difficult to compress into the space allotted to this sketch even the
leading facts of a life so rich in incident and achievement as that of General Han-
cock. A reasonably full narrative of his great public services would fill a very-
large volume, every line of which would be interesting and instructive. It is
with great reluctance that one undertakes to pick and cull from such a mass of
inviting materials, but it is manifestly impossible to offer in this form more than
a brief outline of the brilliant career whose principal events are more or less
familiar in every American household. The deficiency, however, will be shortly
supplied by complete biographies from competent hands, to which the reader who
desires a closer study of the noble character of this remarkable man is respect-
fully referred.

EARLY LIFE.

Winfield Scott Hancock was born near Norristown, Montgomery county,
Pennsylvania, on the 14th of February, 1824. Both his grandfathers served in
the War of Independence, and his father was out in the War of 1812. He sprang
from a race of sturdy citizen soldiers, who had through several generations re-
sponded to every call of public dutiy, and it was only natural, considering the
traditions of the family, that his own inclinations should be toward the profession
of arms. Accordingly, at the age of sixteen, he was appointed a cadet at West
Point. He had previously studied at the Norristown Academy, and, by reason
of his steady habits and strong will, had received all the advantages which that
institution was capable of imparting to one of his years. Among the associates
of young Hancock at West Point were Generals Franklin, Smith, Grant, McClel-
lan, Reynolds, Reno and Burnside, distinguished on the Union side in the civil
war, and Longstreet, Jackson and the two Hills, who faced their old comrades
at the head of the Confederate columns. Hancock graduated well up in a large
class in June, 1844, and was immediately commissioned brevet second lieutenant
in the Sixth Infantry.

MEXICAN WAR.

Hancock served two years with his regiment in the Indian Territory, a post as
disagreeable at that time as any on our extended frontier, until the Mexican war
afforded him an opportunity of distinction in the field, as it did to many others
whose deeds have brightened the pages of later history. Here he gathered fresh
honors in every succeeding engagement, from the Natural Bridge to the capture
of the City of Mexico. He was brevetted for Contreras and Cherubusco ; but his
gallantry was conspicuous in all the battles, and uniformly attracted the admira-
tion, and compelled the respectful mention, of his superiors.

In, 1848 and 1849 he was regimental quartermaster; from 1849 to 1855 he served
as adjutant, Meanwhile, in 1853, he was promoted to the full rank of first lieu-
tenant, and in 1855 to that of captain. He served in the Florida Indian war of

10 LIFE OF WINFIELD S. HANCOCK.

1856-7; he was in Kansas in 1857, performing, in becoming silence, the duty
of a soldier, but looking upon the beginnings of the sectional war in that far-off
territory with the deepest concern for the future of the country. His keen eyes
penetrated beneath the surface; he felt the drift of things toward inevitable
separation, and he was not unprepared for the great conflict when it opened. He
accompanied Gen. Johnston's expedition to Utah, and thence marched overland
to California, where he remained until the fall of Sumter. It will be observed
that his service in the army previous to the civil war carried him to many parts
of the country, and was of a character to furnish an observing and thoughtful
officer with a vast fund of useful knowledge respecting the wants and interests
of the people, and especially of the Great West, where he served through so
many of the best years of his life.

COMBATS SECESSION IN CALIFORNIA.

Captain Hancock was not merely ready and able to serve the cause of the
Union on the battlefield ; he was equally ready and equally able to serve it with
voice and pen. When news of the struggle in Charleston Harbor reached him
at Los Angeles, where he was then stationed, he first forwarded to Governor
Curtin of Pennsylvania his application for a command among the troops of his
native State, and threw himself into the work of saving California to the Union.
This was no child's play. The State trembled on the very verge of secession.
It was largely settled by brave and intelligent Southern men, whose sympathies,
with scarcely an exception, followed Ihe new flag which rose amid the smoke of
Sumter, and was advancing rapidly to Washington. But for the heroic conduct
and the wise measures adopted by Democrats like Field and Hancock, sinking
all party differences, and forming a coalition composed of men of all factions, to
hold California to her place in the family of States, she would have been dragged
out by the tremendous energy of the secession leaders, and the whole character
of the subsequent struggle would have been changed. The temptation to Brit-
ish intervention would have been incalculably strengthened, and anybody can
estimate the additional strain upon our resources which would have been occa-
sioned by an extension of the war beyond the Rocky Mountains. But there, as
in every other similar emergency of his life, Hancock was equal to the civil as
well as to the military duty of the hour. His influence, guided and directed by
the rare politic il intelligence which has distinguished his conduct whenever
called upon to deal with civil affairs, was cast on the right side, and in a way to
be seriously felt.

But Captain Hancock was needed elsewhere. His character was thoroughly
understood at Washington, and especially by General Scott, who had not failed
to mark him among the brilliant young officers whose behavior commanded his
attention in Mexico. The Governor of Pennsylvania did not immediately
respond ; but an application to the Lieutenant-General of the Army brought an
order to report in person at Washington. Before his arrival , however. General
McClellan had succeeded General Scott, and upon his recommendation Hancock
was, on the 21st of September, 1861, commissioned Brigadier-General of Volun-
teers, and assigned to a command in the division of General William F. {" Baldy")
Smith, then holding at the Chain Bridge one of the most important approaches
to Washington.

Gen. Hancock's brigade was composed of one regiment from Pennsylvania,
one from New York, one from Maine, and one from Wisconsin. To say that the
men of these regiments speedily learned to love him, is to express very mildly
the feelings with which good soldiers regard the captoin who leads them to honor

LIFE OP WINFIELD S. HANCOCK. 11

and fame, while caring for them individually and collectively, with the tender-
ness of a comrade and a friend. Gen. Hancock "wasted no time in the idle shows
of the camp. He set to work to bring these regiments into a state of perfect mili-
tary discipline, and to make them soldiers in fact as well as in name. It was no
holiday matter with him, and he wanted this force to be equal to any task that
might be assigned to it. Long before it was called into action he was able to
say, that it could accomplish whatever an equal number of men could do any-
where on the face of the earth ; and its record of splendid achievements fully
justifies his early confidence.

SUMMARY OF SERVICES AGAINST THE REBELLION.

Henceforth the history of Gen. Hancock is very nearly the history of the Army
of the Potomac, whose marches and battles form the main features of the greatest
civil conflict that ever shook the earth. And over all that sanguinary trail from
the defences of Washington, over the Peninsula, up into Maryland and Pennsyl-
vania, through the Wilderness, and round about Petersburg, are the evidences
of his military genius and personal gallantry. The following is the barest sum-
mary of his record during those eventful years:

Battle of Lee's Mills, Va. , under McClellan, April 16th, 1862, and subsequent
operations before Yorktown.

Williamsburg, May 5th, 1862. Repulsed the enemy at Garnett's Hill, June
27th ; Golding's Farm, June 28th ; Savage's Station, June 29th, and White Oak
Swamp, June 30th. Led his brigade at Antietam, September 17th, 1862, until
afternoon, when he was placed in command of the first division of the Second
Corps. Stormed and carried a portion of the enemy's line, capturing eleven
stands of colors, a large number of prisoners, and several thousand stands of
small arms. Promoted to the rank of Major-General, November 29th, 1862.
Fredericksburg, Decetiiber 13th. Chancellorsville, May 1st, 2d and 3d, 1863,
where he covered the retreat. Assigned to command of the Second Corps, June
10th. Permanent assignment by the President, June 25th. Gettysburg, July
1st, 2d and 3d, where he fell severely wounded. Wilderness, May 5th, 6th and
7th, 1864. Battles of thePo and Spottsylvania, May 10th. Stormed the enemy's
works and won a decisive victory at Spottsylvania, May 12th, and repulsed
Ewell's assault, May 18th. North Anna, May 23d. Cold Harbor, June 3d. Before
Petersburg, June 15th to June 17th. Deep Bottom, July 2d. Reanes' Station,
August 25th. Boydton's Plank Road, October 27th. By order of the President
assumed command of the Middle Military Division and the Army of the Shen-
andoah, February 25th, 1865. He was breveted Major-General for Spottsylva-
nia, and was appointed Major General, vice Sherman, appointed Lieutenant-Gen-
eral in 1866. It is a long and glorious record, of which it would be impossible to
give the details without rewriting the familiar history of the Army of the Poto-
mac. But brief outlines of two or three of his great battles will illustrate his
method, and show what manner of man he was under an enemy's fire.

WILLIAMSBURG.

In the last days of March, 1862, the Army of the Potomac was landed at Fort-
ress Monroe and extended its lines across the Peninsula. Smith's division, in
which was Hancock's brigade, was sent to the left, and took the advance of that
wing toward Richmond. For nearly a month it was engaged in desultory but
bloody skirmishing with the enemy, in which Hancock's force bore a conspicuous
part. On the morning of the 4th of May it was discovered that the Confederates
had.evacuated the works at Yorktown, and the pursuit began. It was effectually
checked, however, on the evening of the same day, when the Union army en-

12 LIFE OF WINFIELD S. HANCOCK.

countered a second line of works parallel with the first, and extended from the
York almost to the James. They consisted of a series of formidable redoubts,
with a deep ravine and a stream in the front. In the center was a powerful re-
gueur work, mounted with heavy guns. Before this the weary army bivouacked
that night in mud and rain ; and the next morning Hooker hurled himself against
it, only to receive a bloody repulse. Meanwhile Hancock had been ordered to re-
connoitre the Confederate left, with a separate command, consisting of his own
brigade, two additional regiments, and two light batteries. He had felt his way
very carefully for about a mile, when he came upon a fortification, visible
through a vista in the woods, protected by a ravine in front, which was filled
with water held by a dam. The place was strong but not sufficiently guarded.
Hancock pushed over the dam, dragged his artillery up the steep beyond, carried
the redoubt, formed again inside the enemy's line of works, and moved rapidly
toward the enemy's center at Fort Magruder. By this bold movement the Con
federate left was turned, and the whole line must be abandoned or Hancock must
be dislodged. He pressed forward to a position within twelve hundred yards of
Fort Magruder, where he planted his batteries and opened a tremendous fire, to
which the enemy responded with their artillery. There the conflict raged all the
day. He was in a position, if reinforced, to drive the enemy from their works ;
or, if not reinforced, to be himself annihilated. But, notwithstanding urgent
messages, no reinforcements came, and at five o'clock in the afternoon Hancock
reluctantly withdrew the batteries.

But all this while the enemy had been quietly making his dispositions to
crush the bold intruder, who had thrust himself into a position from which
there was apparently no retreat, and at the first retrograde movement of the ar-
tillery he burst from the woods on Hancock's right in two solid lines of battle.
They swept forward under a deadly fire, and enveloped the guns, which barely
escaped through a small gap, as yet unclosed. Hancock maintained a steady
front, and a no less steady fire, but fell back slowly to the crest of the gentle
ridge in his rear. The Confederates came on furiously with their overwhelming
numbers, shouting, " Bull Run ! Bull RunJ That flag is ours ! " Hancock halt-
ed and steadied his command at the crest for one brief moment. The enemy
were but forty yards distant; the next instant would decide the day. He dashed
from his place behind the line, and riding bare-headed along the blazing front,
shouted, "Forward ! Forward ! For God's sake, Forward ! " No sooner did the
men recognize his heroic figure, than they sent up a grand cheer above the din
of the musketry, and advanced in perfect order to the charge. It was a specta-
cle seldom witnessed in all the history of war. An inferior force, cut ofl" from
support, with the enemy between it and its own lines, suddenly pausing in an al-
most hopeless retreat, and then recovering the lost field by one magnificent, irre-
sistible charge ! But the feat was accomplished, and it was due not less to Han-
cock's previous discipline than to his wise conduct and splendid example in the
engagement itself. His victory was complete. The Confederates recoiled be-
fore the unexpected shock of Hancock's advance, and fell back, leaving the field
covered with their dead and wounded. After the battle the long desired rein-
forcements arrived, when it was too late to follow up the advantage. But Han-
cock had gained a position which rendered the Williamsburg lines untenable,
and during the night the enemy evacuated them and resumed his retreat.

GETTYSBURG.

It will hardly be disputed that the battle of Gettysburg was pre-eminently
Hancock's, and that to him more than to any other, under God, must be ascribed

LIFE OF WINFIELD S. HANCOCK. 13;

that most decisive victory of the war. On the morning of July 1st he was in
camp with his Second Corps at Taneytown, Gen. Meade's headquarters, when
news came of the collision at Gettysburg. General Meade, upon hearing of the
death of General Reynolds, who was at Gettysburg in command of the Firsts
Third and Eleventh Corps, ordered General Hancock forward to take com-
mand. He examined the maps of the country as he was hurried along in,
an ambulance, and had probably made up his mind as to the value of all
the strategic points before he ever saw Gettysburg. Arriving there he found
the Union troops m full retreat. Reynolds was dead and everything in con-
fusion. "At this moment," says a distinguished participant in the battle,
' ' our defeat seemed complete. Our troops were flowing through the streets of
the town in great disorder, closely pursued by the Confederates, the retreat fast
becoming a rout, and in a very few minutes the enemy would have been in pos-
session of Cemetery Hill, the key to the position, and the battle of Gettysburg^
would have gone into history as a rebel victory. But what a change came over
the scene in the next half hour ! The presence of Hancock, like that of Sheri-
dan, was magnetic. Order came out of chaos. The flying troops halt, and again
face the enemy. The battalions of Howard's corps that were retreating down
the Baltimore pike are called back, and with a cheer go into position on tfie crest
of Cemetery Hill, where the division of Stein wehr had already been stationed.
Wadsworth's division and a battery are sent to hold Gulp's Hill, and Geary, with
the White Star division, goes on the double-quick to occupy the high ground to-
ward Round Top. Confidence is restored, the enemy checked, and being de-
ceived by these dispositions, cease their attack.

Hancock's previous conceptions of the ground were confirmed by actual ob-
servation, and he not only advised Meade that he should fight there, but with
the promptness and decision which characterized all his movements, he proceed-
ed, without orders, to make such dispositions as really left Gen. Meade very
little choice in the matter. The latter, however, accepted the suggestions of his^
lieutenant, and placed Gen. Hancock in command of the left center, where
again on the evening of the second day he restored to the Union army the for-
tunes of battle which were well-nigh lost forever. But it was on the third day
that Gen. Hancock's great opportunity arrived, and he performed for his country
a service which alone would render his name immortal — a service so grand in the
manner of it, and so far-reaching and precious in its consequences, that no man
has ever yet attempted to describe it or to weigh it, without feeling deeply tho
inadequacy of words for the purpose. At all events, it cannot here be more fitly
set forth than in the following language of his brave and devoted comrade,
Major-General St. Clair A. Mulholland, who affirms that which he saw;
, "About noon we could see considerable activity along Seminary Ridge. Battery
after battery appeared along the edge of the woods. Guns were unlimbered,
placed in position and the horses taken to the rear. On our side, oflScers sat
around in groups and, through field glasses, anxiously watched these movements
in our front and wondered what it all meant. Shortly after 1 o'clock, however,
we knew all about it. The headquarter wagons had just come up and General
Gibbons had invited Hancock and staff to partake of some lunch. The bread that
was handed around — if it ever was eaten — was consumed without butter, for as
the orderly was passing the latter article to the gentlemen, a shell from Seminary
Ridge cut him in two. Instantly the air was filled with bursting shells; the bat-
teries that we had been watching for the last two hours going into position in our
front did not open singly or spasmodically. The whole hundred and twenty

14 LIFE OF WINFIELD S. HANCOCK.

guns, which now began to play upon us, seemed to be discharged simultaneously,
as though by electricity. And then for nearly two hours the storm of death went
on. I have read many accounts of this artillery duel, but the most graphic de-
scription by the most able writers falls far short of the reality. No tongue or
pen can find language strong enough to convey any idea of its awfulness. Streams
•of screaming projectiles poured through the hot air, falling and bursting every-
where. Men and horses were torn limb from limb; caissons exploded one after
another in rapid succession, blowing the gunners to pieces. No spot within our
lines was free from this frightful iron rain. The infantry hugged close the earth
and sought every slight shelter that our light earthworks afforded. It was liter-
ally a storm of shot and shell that the oldest soldiers there — those who had
taken part in almost every battle of the war— had not yet witnessed. That awful,
rushing sound of the flying missiles, which causes the firmest hearts to quail, is
everywhere.

"At this tumultuous moment we witness a deed of heroism such as we are apt to
attribute only to knights of the olden time. Hancock, mounted and accom-
panied by his staff, Major Mitchell, Captain Harry Bingham, Captain Isaac
Parker and Captain E. P. Bronson, with the corps flag flying in the hands of a
brave Irishman, Private James Wells, of the Sixth New York Cavalry, started
at the right of his line, where it joins the Taney town road, and slowly rode along
the terrible crest to the extreme left of his position, while shot and shell roared
and crashed around him, and every moment tore great gaps in the ranks at his
side.

•' Storm'd at with shot and shell,
Boldly they rode, and well."

It was a gallant deed, and withal not a reckless exposure of life, for the presence
and calm demeanor of the commander as he passed through the lines of his men
set them an example which an hour later bore good fruit and nerved their stout
hearts to win the greatest and most decisive battle ever fought on this continent.
For an hour after the firing began our batteries replied vigorously and then ceased
altogether, but the rebel shells came by as numerous as ever. Then for over a Half
hour, not a soul was seen stirring on our line. We might have been an array of
dead men for all the evidence of life visible. Suddenly the enemy stopped their
fire, which had been going on for nearly two hours without intermission, and
then the long lines of their infantry — eighteen thousand strong — emerged from
the woods and began their advance.

* 'At this moment silence reigned along our whole line. With arms at a ' ' right
shoulder shift," the division of Longstreet's corps moved forward with a preci-
sion that was wonderfully beautiful. It is now our turn, and the lines that a tew
moments before seemed so still now teemed with animation. Eighty of our guns
open their bra-^en mouths ; solid shot and shell are sent on their errand of de-
struction in quick succession. We see them fall in countless numbers among
the advancing troops. The accuracy of our fire could not be excelled; the mis
siles strike right in the ranks, tearing and rending them in every direction. The
ground over which they have passed is strewn with dead and wounded. But
on they come. The gaps m the ranks are closed as soon as made. They have
three-quarters of a mile to pass exposed to our fire, and half the distance is nearly
passed. Our gunners now load with canister, and the effect is appalling; but
still they march on. Their gallantry is past all praise — it is sublime. Now they
are within a hundred yards. Our infantry rise up and pour round after round
into these heroic troops.

"At Waterloo the Old Guard recoiled before a less severe fire. But there was no

LIFE OF WIXNFIELD S. HANCOCK. 15

recoil in these men of the South— they marched right on as though they courted
death. They concentrate in great numbers and strike on the most advanced
part of our line. The crash of the musketry and the cheers of the men blend
together. The Philadelphia brigade occupy this point. They are fighting on
their own ground and for their own state, and in the bloody hand-to-hand engage-
ment which ensues, the Confederates, though fighting with desperate valor, find
it impossible to dislodge them— they are rooted to the ground. Seeing how utterly
hopeless further effort would be, and knowing the impossibility of reaching their
lines should they attempt a retreat, large numbers of the rebels lay down their
arms, and the battle is won. To the left of the Philadelphia brigade we did
not get to such close quarters. Seeing the utter annihilation of Pickett's troops
the division of Wilcox and others on their right went to pieces almost before
they got within musket range. A few here and there ran away and tried to regain
their lines, but many laid down their arms and came in as prisoners. At the
most critical moment Hancock fell among his men, on the line of Stannard's Ver-
mont brigade, desperately wounded, but he continued to direct the fight until
victory was assured, and then he sent Major Mitchell to announce the glad tidings
to the commander of the army. Said he : " Tell General Meade that the troops
under my command have repulsed the assault of the enemy, who are now flying
in all directions in my front." " Say to General Hancock," said Meade, in reply,
' ' I regret exceedingly that he is wounded, and I thank him for the country and
myself for the service he has rendered this day."

That charge was the military culmination of the rebellion, and its defeat was
the turning point of the war for the Union. Hancock was formally thanked by
Meade, by Congress, by Pennsylvania, by Philadelphia ; a grateful people every-
where. And he well might be thanked, for it may be said that when he lay down
with his shattered thigh in the ambulance to be carried from that stricken field, he
had but then saved the army from disaster, and the country from dismemberment.

SPOTTSYLVANIA.

Having partially recovered from his Gettysburg wound Gen. Hancock was in
command of his corps through all the terrible battles of the Wilderness, and on
the 12th of May, 1864, he achieved the most brilliant as well as the most substan-
tial victory of the campaign. At eleven of that morning he assaulted the enemy's
works at Spottsylvania with the Second Corps, and carried them by storm,
capturing a major-general and a brigadier, four thousand prisoners, thirty stands
of colors and twenty pieces of artillery.

Williamsburg, Gettysburg, Spottsylvania ! These, in the brief outline presented
here, must suffice to show the character of Hancock's fighting. A perfect narra-
tive of his career, including accounts of his personal daring on the many fields
where he was engaged, would read more like tales of knightly emprise than like
the sober chronicles of modern warfare.

It cannot be doubted that General Hancock might have received the command
of the Army of the Potomac at almost any time after the removal of McClellan.
In fact the President and Cabinet seriously contemplated the appointment, not-
withstanding Hancock's well-known democratic opinions. But he was a simple,
single-hearted soldier, having neither taste nor talent for political intrigue, or
indeed for intrigue of any description, and ever faithful to his comrades in the
field, he personally urged the retention of Gen. Meade. He remained with the
Army of the Potomac, participating conspicuously in all its engagements, until the
26th of November , 1864, when he was ordered to Washington, and directed by
the President to enlist and organize a corps of veterans fifty thousand strong. He

16 LIFE OF AVINFIELD S. HANCOCK.

was relieved from this service before it was completed and placed in command of
the Middle Military Division, embracing the departments of West Virginia,
Pennsylvania and Washington, with headquarters at Winchester. This gave
him the' army of the Shenandoah, numbering nearly a hundred thousand men,
and would have proved, had the war continued, a most important command, as it
was intended to be. But the sudden collapse of Lee's lines and the surrender at
Appomatox put an end to the struggle, and happily Hancock was never required
to lead his new army into battle.

As commander of this Military Division he was called to Washington after the
assassination of the President, where in obedience not only to official orders, but
a universal public sentiment, he remained on duty until the general apprehension
arising from that terrible event had been entirely allayed. With the execution
of the conspirators, tried and sentenced by a military commission, organized un-
der orders directly from the War Department, he had no immediate connection.
The President approved the findings, ordered the execution, and in the case of
Mrs. Surratt suspended the writ of habeas corpus issued by the civil magistrate.
Gen. Hancock did all that lay in his power to save that unfortunate woman from
the sudden and ignominious death to which she was hurried by his superiors, and
even placed a line of mounted men between tne White House and the Arsenal to
convey the reprieve in case the President's mind should undergo a change at the
last moment.

In July, 1865, Gen. Hancock was transferred to the command of the Middle
Department, headquarters at Baltimore, and a year afterward, being then a full
major-general in the regular army, to the Department of Missouri, where he con-
ducted various campaigns against hostile Indians in Kansas, Colorado and the
Indian Territory.

LOUISIANA AND TEXAS.

And now Gen. Hancock entered upon a new field of duty, and won for himself
a still stronger title to the lasting gratitude of his countrymen. The states lately
in rebellion were at the mercy of the government at Washington, and the policy
of that government was founded in partisan rather than patriotic considerations.
They were treated as being outside of the Union, to which the war had been
waged to restore them, and they were subjected to the operation of a system of
laws and administration which, as Mr. Stevens, its principal author, confessed,
was "outside of the Constitution." They were cut up into military districts,
whose commanders were invested with absolute power, and were expected by
those in authority to exercise it with extreme vigor. It was a pure despotism,
erected over a large part of the Union, utterly unknown to our previous history,
and utterly repugnant to the whole spirit of our institutions. It was itself an in-
stitution imported from the old world to serve a party purpose. The people were
denied representation, state lines were ignored, state governments extinguished,
local institutions were permitted to exist only by grace, and the rights of men
were held solely at the will of a single military officer, responsible not to any
civil power, not even to the President himself, but to the General of the Army,
whom for this purpose the radical Congress had invested with authority belong,
ing to the Chief Magistrate. The avowed object of this monstrous system was to
prevent the return of the seceded states to the Union until their political com.
plexion should be made acceptable to the leaders of the Republican party. To
this end the whites were largely disfranchised ; the blacks were enfranchised, and
the whole order of government and of society completely subverted. And all
this, although there was not an armed or a declared enemy to the Federal govern-
ment anywhere within the limits of the United States!

LIFE OF WINFIELD S. HANCOCK. l7

It was under such circumstances that Gen. Hancock was ordered to take com-
mand of the Fifth Military District, comprising the great states of Louisiana and
Texas. He found in them the peace of the United States as profound as it had
ever been since the defeat of the British by his forerunner and prototype,
Andrew Jackson. As to the states there was practically none whose peace could
be disturbed. There were disorders of a very serious nature, but they arose
mainly from the absence of civil government and the overthrow of civil institu-
tions. There was no authority, nor emblem of authority, but the naked sword of
the conqueror, and while it impended, promising only the execution of the unsta-
ble decrees of a distant and hostile faction, there might be for this people the or-
der of Poland and the peace of Ireland, but none other. It was a situation to try
not merely the moral character but the genius of the greatest man of affairs
that ever undertook the pacification of a troubled country. Here was a great and
a proud people at his feet, without government except that furnished by the force
at his command, and without laws except those supplied by his will, and behind
him an arrogant political directory, wielding the whole power of the United
States, and demanding that he should regard nothing but its partisan interests.

When Gen. Hancock took up the so-called Reconstruction laws, and examined
them with the remarkable acumen which he brought to bear to the resolution of
legal questions, he ascertained that while they empowered him to displace the
civil authorities they did not require him to do so. Holding as he did that no
officer, civil or military, had a right to transcend the Constitution, under any
circumstances, he yet saw that under these laws there were powers which might
properly be exercised, and he was quite willing to assume such as were not "out-
side " the Federal charter. In other words, he took up that which clearly be-
longed to him and left that which was as clearly forbidden.

Accordingly, the first act of the new military ruler — whose disposition must
have been a subject of painful anxiety to the people he was sent to govern — was
to define the nature and extent of the powers he intended to assume. It was
done as follows, in "General Orders No. 40," a state paper now arS famous as
any in the history of England or America :

GENERAL ORDER NO. 40.

1. In accordance with General Order No. 81, Headquarters of the Army, Ad-
jutant-General's Office, Washington, D. C. , August 27, 1867, Major-General W. S.
Hancock hereby assumes command of the Fifth Military District and of the de-
partment composed of the States of Louisiana and Texas.

2. The General commanding is gratified to learn that peace and quiet reign in
this department. It will be his purpose to preserve this condition of things. As
a means to this great end he regards the maintenance of the civil authorities in
the faithful execution of the laws as the most efficient under existing circum-
stances. In war it is indispensable to repel force by force, and overthrow and
destroy opposition to lawful authority. But when insurrectionary force has been
overthrown and peace established, and the civil authorities are ready and willing
to perform their duties, the military power should cease to lead and the civil ad-
ministration resume its natural and rightful dominion. Solemnly impressed with
these views, the General announces that the great principles of American liberty
are still the lawful inheritance of this people, and ever should be. The right of
trial by jury, the habeas corpus, the liberty of the press, the freedom of speech,
the natural rights of persons and the rights of property must be preserved. Free
institutions, while they are essential to the prosperity and happiness of the peo-
ple, always furnish the strongest inducements to peace and order. Crimes and

2

l-S LIFE OF WINFIELD S. HANCOCK.

offenses committed in this district must be referred to the consideration and judg-
ment of the regular civil tribunals, and those tribunals will be supported in their
lawful jurisdiction. While the General thus indicates his purpose to respect the
liberties of the people, he wishes all to understand that armed insurrection or
forcible resistance to the law will be instantly suppressed by arms.

By command of Major-General W. S. HANCOCK.

General Hancock had struck out the true, indeed the only feasible, policy of
reconstruction in the few bold and pregnant sentences of this Order, and the
country instantly recognized the fact. When the document reached the Presi-
dent he embodied the universal sentiment of sober and considerate citizens in the
following special message to Congress :

PRESIDENT JOHNSON'S MESSAGE.

Gentlemen of tJie Senate and of the House of Bepresentatwes :

An official copy of the order issued by Major-General Winfleld S. Hancock,
commander of the fifth military district, dated headquarters in New Orleans,
Louisiana, on the 29th day of November, has reached me through the regular
channels of the War Department, and I herewith communicate it to Congress for
such action as may seem to be proper in view of all the circumstances.

It will be perceived that General Hancock announces that he will make the law
the rule of his conduct ; that he will uphold the courts and other civil authorities
in the performance of their proper duties ; and that he will use his military
power only to preserve the peace and enforce the law. He declares very explicit-
ly that the sacred right of the trial by jury and the privilege of the writ of habeas
corpus shall not be crushed out or trodden under foot. He goes further, and, in
one comprehensive sentence, asserts that the principles of American liberty are
still the inheritance of this people, and ever should be.

When a great soldier with unrestricted power in his hands to oppress his fel-
low-men voluntarily foregoes the chance of gratifying his selfish ambition and
devotes himself to the duty of building up the liberties and strengthening the
laws of his country, he presents an example of the highest public virtue that
human nature is capable of practicing. The strongest claim of Washington to
be "first in war, first in peace, and first in the hearts of his countrymen," is
founded on the great fact that in all his illustrious career he scrupulously ab-
stained from violating the legal and constitutional rights of his fellow-citizens.
When he surrendered his commission to Congress, the President of that body
spoke his highest praise in saying that he had " always regarded the rights of the
civil authorities through all dangers and disasters." Whenever power above the
law courted his acceptance, he calmly put the temptation aside. By such mag-
nanimous acts of forbearance he won the universal admiration of mankind and
left a name which has no rival in the history of the world.

I am far from saying that General Hancock is the only officer of the American
army who is influenced by the example of Washington. Doubtless thousands
of them are faithfully devoted to the principles for which the men of the Revo-
lution laid down their lives. But the distinguished honor belongs to him of be-
ing the first officer in high command south of the Potomac since the close of the
civil war who has given utterance to these noble sentiments in the form of a
military order.

I respectfully suggest to Congress that some public recognition of General
Hancock's patriotic conduct is due, if not to him, to the friends of law and jus-
tice throughout the country. Of such an act as his, at such a time, it is but fit

LIFE OF WINFIELD S. HANCOCK. 1^

that the dignity should be vindicated and the virtue proclaimed, so that its value
as an example may not be lost to the nation.

ANDREW JOHNSON.
Washington, D. C, December 18, 1867. ^

In practice Gen. Hancock's novel plan worked almost perfectly. *' Free in-
stitutions, while they are essential to the prosperity and happiness of the people,
alioays furnish the strongest inducements to peace and order." No publicist ever
stated this cardinal truth in clearer language, and no statesman ever applied it
more wisely, or with more immediate and happy results. Finding a friend and
protector where they had expected an enemy and a persecutor, a scrupulous ser-
vant of the law, where they had looked for an unrestrained despot, the inhabit-
ants of Louisiana and Texas heartily resumed their allegiance, and went cheerfully
about the work of real and substantial reconstruction. The courts resumed their
regular procedure; the civil authorities maintained order; crimes of all descrip-
tions and degrees became less frequent; elections were peaceable and honest; the
jealousies of the two races, now that the neck of the one was no longer forcibly
held under the heel of the other, visibly declined, and the eve of genuine restora-
tion seemed actually at hand. When we reflect upon the long years of misrule
which this policy of Hancock's would have saved to the South; upon the untold
millions of money wasted by the licentious carpet-baggers, and upon the hideous
tortures inflicted by the cloud of vultures invited by the Republican party to flesh
their obscene beaks upon this prostrate people, after it was disapproved and re-
versed, we can form some faint conception of its real value. Had it been pur-
sued to its legitimate consequences, the work of a decade might have been com-
pleted in a year, and history would have had to record none of the oppressions,
plunderings, and stupendous election frauds— including the great fraud of 1876 —
which burden the annals of carpet-bag and bayonet government. But while
Gen. Hancock was restoring the states rapidly enough, he was restoring them
without the smallest regard to partisan political consequences, and the radical
directory at Washington, through the generals of the army, hampered and
humiliated him at every turn. The President, who appreciated his inestimable
services as they deserved, was unable to protect him from these blows in the
back, and Hancock was at length compelled to ask for his own recall.

LETTER TO GOVERNOR PEASE.

Meanwhile Gen. Hancock had written his celebrated letter to Gov. Pease. Long
as it is, it is here given in full, as illustrating his grasp of constitutional and legal
principles, his fine judicial temper, and his masterly style of argumentation:

Headquarters Fifth Military District, \
New Orleans, La., March 9, 1808. J
To His Excellency, E. M. Pease, Governor of Texas:

Sir: — Your communication of the 17th January last was received in due course
of mail (the 27th January), but not until it had been widely circulated by the
newspaper press. To such a letter — written and published for manifest purposes
—it has been my intention to reply as soon as leisure from more important busi-
ness would permit.

Your statement that the act of Congress '* to provide for the more eflScient gov-
ernment of the rebel states," declares that whatever government existed in Texas
was provisional; that peace and order should be enforced; that Texas should be
part of the Fifth Military District, and subject to military power; that thePi-esi-
dent should appoint an oflScer to command in said district, and detail a force to
protect the rights of person and property, suppress insurrection and violence, and

20 LIFE OF WINFIELD S. HANCOCK.

punish offenders, either by military commission or through the action of local civil
tribunals, as in his judgment might seem best, will not be disputed. One need
only read the act to perceive it contains such provisions. But how all this is sup-
posed to have made it my duty to order the military commission requested, you
have entirely failed to show. The power to do a thing, if shown, and the propri-
ety of doing it, are often very different matters. You observe you are at a loss
to understand how a government, without representation in Congress, or a militia
force, and subject to military power, can be said to be in the full exercise of all
its proper powers. You do not reflect that this government, created or permitted
by Congress, has all the powers which the act intends, and may fully exercise
them accordingly. If you think it ought to have more powers, should be allowed
to send members to Congress, wield a militia force, and possess yet other powers,
your complaint is not to be preferred against me, but against Congress , who made
it what it is.

As respects the issue between us, any question as to what Congress ought to
have done has no pertinence. You admit the act of Congress authorizes me to
try an offender by military commission, or allow the local civil tribunals to try,
as I shall deem best; and you cannot deny the act expressly recognizes such local
civil tribunals as legal authorities for the purpose specified. When you contend
there are no legal local tribunals for any purpose in Texas, you must either deny
the plain reading of the act of Congress or the power of Congress to pass the
act.

You next remark that you dissent from my declaration, "that the country
(Texas) is in a state of profound peace," and proceed to state the grounds of
your dissent. They appear to me not a little extraordinary. I quote your words :
" It is true there no longer exists here (Texas) any organized resistance to the
authority of the United States." "But a large majority of the white population
who participated in the late rebellion , are embittered against the government,
and yield to it an unwilling obedience." Nevertheless, you concede they do
yield it obedience. You proceed :

"None of this class have any affection for the government, and very few any
respect for it. They regard the legislation of Congress on the subject of recon-
struction as unconstitutional and hostile to their interests, and consider the gov-
ernment now existing here under authority of the United States as a usurpation
on their rights. They look on the emancipation of their late slaves and the dis-
franchisement of a portion of their own class, as an act of insult and oppression.''

And this is all you have to present for proof that war and not peace prevails m
Texas; and hence it becomes my duty — so you suppose — to set aside the local
civil tribunals, and enforce the penal code against citizens by means of military
commissions.

My dear sir, I am not a lawyer, nor has it been my business, as it may have
been yours, to study the philosophy of statecraft and politics. But I may lay
claim, after an experience of more than half a lifetime, to some poor knowledge
of men, and some appreciation of what is necessary to social order and happi-
ness. And for the future of our common country, I could devoutly wish that no
great number of our people have yet fallen in with the views you appear to en-
tertain. Woe be to us whenever it shall come to pass that the power of the mag-
istrate— civil or military — is permitted, to deal with the mere opinions or feelings
of the people.

I have been accustomed to believe that sentiments of respect or disrespect,
and feelings of affection, love or hatred, so long as not developed into acts in

LIFE OF WINFIELD S. HANCOCK. 21

Tiolation of law, were matters wholly beyond the punitory power of human
tribunals.

I will maintain that the entire freedom of thought and speech, however acri-
moniously indulged, is consistent with the noblest aspirations of man, and the
happiest condition of his race.

When a boy, 1 remember to have read a speech of Lord Chatham, delivered
in Parliament. It was during our Revolutionary War, and related to the policy
of employing the savages on the side of Britain. You may be more familiar with
the speech than I am. If I am not greatly mistaken, his lordship denounced the
British Government — his government — in 'terms of unmeasured bitterness. He
characterized its policy as revolting to every sentiment of humanity and
religion ; proclaimed it covered with disgrace, and vented his eternal
abhorrence of it and its measures. It may, I think, be safely asserted that
a majority of the British nation concurred in the views of Lord Chatham.
But who ever supposed that profound peace was not existing in that kingdom, or
that the government had any authority to question the absolute right of the op-
position to express their objections to the propriety of the king's measures in any
words, or to any extent they pleased ? It would be difficult to show that the op-
ponents of the government in the days of the elder Adams, or Jefferson, or Jack-
son, exhibited for it either " affection" or "respect." You are conversant with
the history of our past parties and political struggles touching legislation on alien-
age, sedition, the embargo, national banks, our wars with England and Mexico,
and cannot be ignorant of the fact, that for one party to assert that a law or
system of legislation is unconstitutional, oppressive and usurpative, is not a
new thing in the United States. That the people of Texas consider acts of Con-
gress unconstitutional, oppressive, or insulting to them, is of no consequence to
the matter in hand. The President of the United States has announced his opin-
ion that these acts of Congress are unconstitutional. The Supreme Court, as
you are aware, not long ago decided unanimously that a certain military commis-
sion was unconstitutional. Our people everywhere, in every state, without refer-
ence to the side they took during the rebellion, differ as to the constitutionality of
tliese acts of Congress. How the matter really is, neither you nor I may dogmati-
cally affirm.

If you deem them constitutional laws, and beneficial to the country, you not
only have the right to publish your opinions, but it might be your bounden duty
as a citizen to do so. Not less is it the privilege and duty of any and every citi-
zen, wherever residing, to publish his opinion freely and fearlessly on this and
every question which he thinks concerns his interest. This is merely in accord-
ance with the principles of our free government ; and neither you nor I would
wish to live under any other. It is time now, at the end of almost two years
from the close of the war, we should begin to recollect what manner of people we
are ; to tolerate again free, popular discussion, and extend some forbearance and
consideration to opposing views. The maxims that in all intellectual contests
truth is mighty and must prevail, and that error is harmless when reason is left
free to combat it, are not only sound, but salutary. It is a poor compliment to
the merits of such a cause, that its advocates would silence opposition by force ;
and generally those only who are in the wrong would resort to this ungener-
ous means. I am confident you will not commit your serious judgment
to the proposition that any amount of discussion, or any sort of opinions,
however unwise in your judgment, or any assertion or feeling, how-
ever resentful or bitter, not resulting in a breach of law, can furnish
justification for your denial that profound peace * exists in Texas. You

22 LIFE OF WINFIELD S. HANCOCK.

might as well deny that profound peace exists in New York, Pennsylvania^
Maryland, California, Ohio and Kentucky, where a majority of the people differ
with a minority on these questions ; or that profound peace exists in the House
of Representatives or the Senate at Washington, or in the Supreme Court,
where all these questions have been repeatedly discussed, and parties respectfully
and patiently heard. You next complain that in parts of the state (Texas) it is
diflScult to enforce the criminal laws ; that sheriffs fail to arrest ; that grand
jurors will not always indict ; that in some cases the military acting in aid of the
civil authorities have not been able to execute the process of the courts ; that,
petit jurors have acquitted persons adjudged guilty by you ; and that other per-
sons charged with offences have broke jail and fled from persecution. I know
not how these things are ; but admitting your representations literally true, if
for such reasons I should set aside the local civil tribunals and order a military
commission, there is no place in the United States where it might not be done
with equal propriety. There is not a state in the Union — North or South — where
the like facts are not continually happening. Perfection is not to be predicted
of man or his works. No one can reasonably expect certain and absolute
justice in human transactions ; and if military power is to be set in motion, on
the principles for which you would seem to contend, I fear that a civil govern-
ment, regulated by laws, could have no abiding place beneath the circuit of the
sun. It is rather more than hinted in your letter, that there is no local state
government in Texas, and no local laws outside of the acts of Congress, which I
ought to respect ; and that I should undertake to protect the rights of persons and
property in my own way and in an arbitrary manner. If such be your meaning,
I am compelled to differ with you. After the abolition of slavery (an event
which I hope no one now regrets), the laws of Louisiana and Texas existing prior
to the rebellion and not in conflict with the acts of Congress, comprised a vast
system of jurisprudence, both civil and criminal. It required not volumes only,
but libraries to contain them. They laid down principles and precedents for
ascertaining the rights and adjusting the controversies of men in every conceiv-
able case. They were the creations of great and good and learned men, who had
labored, in their day, for their kind, and gone down to the grave long before our
recent troubles, leaving their works an inestimable legacy to the human race.
These laws, as I am informed, connected the civilization of past and present ages,
and testified of the justice, wisdom, humanity and patriotism of more than one
nation, through whose records they descended to the present people of the states.
I am satisfied,from the representations of persons competent to judge, they are as per-
fect a system of laws as may be found elsewhere, and better suited than any other to
the condition of this people, for by them they have long been governed. Why should
it be supposed Congress has abolished these laws ? Why should any one wish
to abolish them ? They have committed no treason, nor are hostile to the United
States, nor countenance crime, nor favor injustice. On them, as on a foundation
of rock, reposes almost the entire superstructure of social order in these two
States. Annul this code of local laws, and there would be no longer any rights,
either of person or property, here. Abolish the local civil tribunals made to
execute them, and you would virtually annul the laws, except in reference to the
very few cases cognizable in the Federal courts. Let us for a moment suppose
the whole local civil code annulled, and that I am left, as commander of the Fifth
Military District, the sole fountain of law and justice. This is the position in
which you would place me.

I am now to protect all rights and redress all wrongs. Plow is it possible for
me to do it ? Innumerable questions arise, of which I am not only ignorant,.

LIFE OF WINFIELD S. HANCOCK. 23

but to the solution of which a military court is entirely unfitted. One would
establish a will, another a deed ; or the question is one of succession, or partner-
ship, or descent, or trust ; a suit of ejectment or claim to chattels ; or the appli-
cation may relate to robbery, theft, arson, or murder. How am I to take the
first step in any such matter ? If I turn to the acts of Congress I find nothing
on the subject. I dare not open the authors on the local code, for it has ceased
to exist I

And you tell me that in this perplexing condition I am to furnish by dint of
my own hasty and crude judgment, the legislation demanded by the vast and
manifold interests of the people ! I repeat, sir, that you, and not Congress, are
responsible for the monstrous suggestion that there are no local laws or institu-
tions here to be respected by me, outside the acts of Congress. I say unhesitat-
ingly, if it were possible that Congress should pass an act abolishing the local
codes for Louisiana and Texas — which I do not believe — and it should fall to my
lot to supply their places with something of my own, I do not see how I could do
better than follow the laws in force here prior to the rebellion, excepting what-
ever therein shall relate to slavery. Power may destroy the forms, but not the
principles of justice ; these will live in spite even of the sword. History tells us
that the Roman pandects were lost for a long period among the rubbish that war
and revolution had heaped upon them, but at length were dug out of the ruins —
again to be regarded as a precious treasure.

You are pleased to state that " since the publication of (my) General Orders No.
40, there has been a perceptible increase of crime and manifestations of hostile
feeling toward the government and its supporters," and add that it is "an un-
pleasant duty to give such a recital of the condition of the country."

You will permit me to say that I deem it impossible the first of these state-
ments can be true, and that I do very greatly doubt the correctness of the sec-
ond. General Orders No. 40 was issued at New Orleans, November 29, 1867, and
your letter was dated January 17, 1868. Allowing time for Order No. 40 to reach
Texas and become generally known, some additional time must have elapsed
before its effect would be manifested, and yet a further time must transpire be-
fore you would be able to collect the evidence of what you term " the condition
of the country;" and yet, after all this, you, would have to make the necessary
investigations to ascertain if Order No. 40 or something else was the cause. The
time, therefore, remaining to enable you, before the 17th of January, 1868, to
reach a satisfactory conclusion on so delicate and nice a question must have been
vc-y short. How you proceeded, whether you investigated yourself or through
third persons, and if so, who they were, what their competency and fairness, on
what evidence you rested your conclusion, or whether you ascertained any facts
at all, are points upon which your letter so discreetly omits all mention, that I
may well be excused for not relying implicitly upon it; nor is my diflSculty di-
minished by the fact that in another part of your letter you state that ever since
the close of the war a very large portion of the people have had no affection for
the government, but bitterness of feeling only. Had the duty of publishing and
circulating through the country long before it reached me, your statement that
the action of the district commander was increasing crime and hostile feeling
against the government, been less painful to your sensibilities, it might possibly
have occurred to you to furnish something on the subject in addition to your
bare assertion.

But what was Order No. 40, and how could it have the effect you attribute
to it ? It sets forth that " the great principles of American liberty are still the
inheritance of this people and ever should be ; that the right of trial by jury, the

24 LIFE OF WINFIELD S. HANCOCK.

habeas corpus, the liberty of the press, the freedom of speech, and the natural
rights of persons and property must be preserved. " Will you question the truth
of these declarations ? Which one of these great principles of liberty are you
ready to deny and repudiate? Whoever does so, avows himself the enemy of
human liberty and the advocate of despotism. Was there any intimation in Gen-
eral Orders No. 40 that any crimes or breaches of law would be countenanced ?
You know that there was not. On the contrary, you know perfectly well that
while " the consideration of crime and offences committed in the Fifth Military
District was referred to the judgment of the regular civil tribunals," a pledge was
given in Order No. 40, which all understood, that tribunals would be supported
in their lawful jurisdiction, and that "forcible resistance to law would be in-
stantly suppressed by arms." You will not affirm that this pledge has ever been
forfeited. There has not been a moment since I have been in command of the
Fifth District when the whole military force in my hands has not been ready to
support the civil authorities of Texas in the execution of the laws. And I am
unwilling to believe they would refuse to call for aid if they needed it.

There are some considerations which, 4t seems to me, should cause you to
hesitate before indulging in wholesale censure against the civil authorities of
Texas. You are yourself the chief of these authorities, not elected by the people,
but created by the military. Not long after you had thus come into office, all
the judges of the Supreme Court of Texas — five in number — were removed from
office, and new appointments made ; twelve of the seventeen district judges were
removed, and others appointed. County officers, more or less, in seventy -five
out of one hundred and twenty eight counties, were removed, and others ap-
pointed in their places. It is fair to conclude that the executive and judicial
civil functionaries in Texas arc the persons whom you desired to fill the offices.
It is proper to mention, also, that none but registered citizens, and only those
who could take the test oath, have been allowed to serve as j arors during your
administration. Now, it is against this local government created by military
power prior to my coming here, and so composed of your personal and political
friends, that you have preferred the most grievous complaints. It is of them that
you have asserted they will not do their duty; they will not maintain justice;
will not arrest offenders; will not punish crimes; and that out of one hundred
homicides committed in the last twelve months, not over ten arrests have been
made; and by means of such gross disregard of duty, you declare that neither
property nor life is safe in Texas.

Certainly you could have said nothing more to the discredit of the officials who
are now in office. If the facts be as you allege, a mystery is presented for which
I can imagine no explanation. Why is it that your political friends, backed up
and sustained by the whole military power of the United States in this district,
should be unwilling to enforce the laws against that part of the population lately
in rebellion, and whom you represent as the offenders ? In all the history of
these troubles I have never seen nor heard before of such a fact. I repeat, if the
fact be so, it is a profound mystery, utterly surpassing my comprehension. I am
constrained to declare that I believe you are in very great error as to facts. On
careful examination at the proper source, 1 find that at the date of your letter
four cases only of homicides had been reported to these headquarters as having
occurred since November 29, 1867, the date of Order 40, and these cases were
ordered to be tried or investigated as soon as the reports were received. How-
ever, the fact of the one hundred homicides may still be correct, as stated by
you. The Freedman's Bureau in Texas reported one hundred and sixty ; how

LIFE OF WINFIELD S. HANCOCK. 26

many of these were by Indians and Mexicans, and how the remainder were clas-
sified, is not known, nor is it known whether these data are accurate.

The report of the commanding officer of the District of Texas shows that since
I assumed command no applications have been made to him by you for the arrest
of criminals in the State of Texas.

To this date eighteen cases of homicides have been reported to me as having
occurred since November 29, 1867, although special instructions had been given
to report such cases as they occur. Of these, five were committed by Indians,
one by a Mexican, one by an insane man, three by colored men, two of women
by their husbands, and of the remainder some by parties unknown — all of which
could be scarcely attributable to Order No. 40. If the reports received since the
issuing of Order No. 40 are correct, they exhibit no increase of homicides in my
time, if you are correct that one hundred bad occurred in the past twelve
months.

That there has not been a perfect administration of justice in Texas I am not
prepared to deny.

That there has been no such wanton disregard of duty on the part of officials as
you allege, I am well satisfied. A very little while ago you regarded the present
officials in Texas the only ones who could be safely trusted with power. Now
you pronounce them worthless, and would cast them aside.

I have found little else in your letter but indications of temper, lashed into
excitement by causes which I deem mostly imaginary, a great confidence in the
accuracy of your own opinions, and an intolerance of the opinions of others, a
desire to punish the thoughts and feelings of those who differ from you, and an
impatience which magnifies the shortcomings of officials who are perhaps as
earnest and conscientious in the discharge of their duties as yourself, and a most
unsound conclusion that while any persons are to be found wanting in affection
or respect for government, or yielding its obedience from* motives which you do
not approve, war, and not peace, is the status, and all such persons are the proper
subjects for military penal jurisdiction.

If I have written anything to disabuse your mind of so grave an error, I shall
be gratified,

I am, sir, very respectfully, your obedient servant,

W. S. HANCOCK, ^

Major-General Commanding.

It may be remarked in passing that about this time a bill was introduced in the
House of Representatives to reduce the number of major-generals in the army,
the object being to reach Gen. Hancock, and wreak upon him a paltry ven-
geance for his manly and independent conduct. It came originally from the
hands of James A. Garfield, a member from Ohio, who had left the army in the
field to accept his seat, and who, cowering under the party lash of Mr. Stevens,
had been voting undistinguished in the crowd of reckless partisans, for all the
reconstruction laws "outside the Constitution."

Gen. Hancock retired from the command of the Fifth Military District with
an assured reputation for enlightened statesmanship of the highest order. He
was never again called upon to deal with civil affairs, nearly or remotely, until
December, 1875. During all that year, it will be remembered, Mr. Bristow, Sec-
retary of the Treasury, had been endeavoring, by methods, Ordinary and extra-
ordinary, to break up the Whiskey Ring which had been robbing the govern-
ment of vast sums, and to bring some of its guilty members to justice. Among
others, Gen. Babcock, the near personal friend and private Secretary of Presi-
dent Grant, was accused of complicity in the frauds and duly indicted

26 LIFE OF WINFIELD S. HANCOCK.

at St. Louis. Then began one of the most remarkable contests ever seen.
The President seemed fatally bent upon protecting Babcock at any
cost. The Attorney-General was equally determined. On the other hand, the
District Attorney at St. Louis was thoroughly convinced of his guilt and anx-
ious to bring him to trial. How could the favorite be dragged out of the very
jaws of justice which then stood open to crush him ? He was an officer in the
army, and if the President could be induced to order a court of inquiry, the evi-
dence might be taken from the prosecutor at St. Louis and turned over to the
Judge Advocate, then again conveniently superseding the civil law by the mili-
tary authorities. Babcock asked for the court and it was ordered. Things
might have gone very smoothly and reached a conclusion in accordance with the
original intention but for the fact that Gen. Hancock was a member. It was im.
possible to befog his clear understanding as to the proper relations of the mili-
tary either to the crime or the accused, and the following is the brief record of
the first and the last meeting of the court :

SPEECH AND MOTION IN BABCOCK CASE.

Gen. W. 8. Hancock arose in his place and addressing the Court, said :

Mr. President : I have a motion to make to the Court which will be proper
to be made before the Court is sworn, if it be made at all. If the Court are pre-
pared to hear me, I will proceed at once.

Lieut. -Gen. Sheridan: Proceed, General; the Court will hear you.

Gen. Hancock then read the following motion: "A sense of duty to the laws, to
the military service, and to the accused impels me to ask your concurrence in a
postponement of this inquiry for the present. We are all bound to believe in the
entire innocence of Gen. Babcock, and this presumption cannot be repelled with-
out the evidence. It is due to him to suppose that the court of inquiry was asked
in good fijth for the reasons given. What were these reasons? In the course of
a legal trial in St. Louis, Col. Babcock was alleged to be guilty of a high crimi-
nal offense. He asked for a hearing in the same Court, but was informed that
he could not have it, because the evidence was closed. These circumstances had
led him to demand a court of inquiry, as the only means of vindication that was
left. Since then he has been formally indicted, and is now certain of getting
that full and fair trial before an impartial jury which the laws of the country
guarantee to all its citizens. The supposed necessity of convening a military
court for the determination of his guilt or innocence no longer exists. It is not
believed that our action as a military tribunal can oust the jurisdiction of the
Court in which tlie indictment is pending. The President has said through the
Attorney-General, that such was not the intention. Then the trial at St. Louis
and this inquiry must go on at the same time, unless we await the result of the
inquiry there.

"The difficulties are very formidable. The accused must be present at the trial
of the indictment. Shall we proceed and hear the cause behind his back, or
shall we vex him with two trials at once? The injustice of this is manifest.

" I presume from the nature of the case that the evidence is very voluminous,
consisting of records, papers and oral testimony. Can we compel the production
of these while they are wanted for the purposes of the trial at St. Louis? Cer-
tainly not, if the military be, as the Constitution declares, subordinate to the
civil authorities. Shall we proceed without evidence and give an opinion in ig-
norance of the facts? That cannot be the wish of anybody. I take it for granted
that the trial at St. Louis will be fair as well as legal, and that the judgment will

LIFE OF WINFIKLD S. HANCOCK. 27

be according to the very truth and justice of the cause. It will, without ques-
tion, be binding and conclusive upon us, upon the government, upon the ac-
cused and upon the world. If he should be convicted, no decision of ours could
rescue him from the hands of the law. If he is acquitted, our belief in his inno-
cence will be of no consequence. If we anticipate the trial in the civil court,
our judgment, whether for the accused or against him, will have, and ought to
have, no effect upon the jurors. It cannot even be made known to them, and
any attempt to influence them by it would justly be regarded as an obstructioa
of public justice. On the other hand, his conviction there would be conclusive
evidence of his guilt, and his acquittal will relieve him of the necessity of
showing anything but the record. I do not propose to postpone indefi-
nitely, but simply to adjourn from day to day until the evidence upon
the subject of our inquiry shall receive that definite and conclu-
sive shape which will be impressed upon it by the verdict of the jury;
or until our action, having been referred to the War Department, with
our opinion that our proceedings should be stayed during the proceedings of the.
court of law, shall have been confirmed. In case of acquittal by the civil court,
the functions of this court will not necessarily have terminated. The accused
may be pronounced innocent of any crime against the statute, and yet be guilty-
of some act which the military law might punish by expulsion from the army.
In case of acquittal, he may insist upon showing to us that he has done nothing^
inconsistent with " the conduct of an officer and a gentleman," as the article of
war runs ; but the great and important question is, " Guilty or not, in manner
and form, as he stands indicted ? " and this can be legally answered only by a.
jury of his country."

ADDRESS AT WASHINGTON OVATION.

On September 24, 1867, while Gen. Hancock was on his way to New Orleans
to take command there, a grand ovation was tendered him at the Metropolitan
Hotel in Washington city. The National Intelligencer of the next day, speaking
of the ovation, said : " When considered that it was a spontaneous offering of
the citizens of the District, it may be regarded as a triumphant recognition of the
noble character of the citizen and soldier who was the recipient of the honor paid
him on this occasion."

An immense audience was assembled, and Gen. Hancock was introduced by
Hon. Amasa Cobb, of Wisconsin, then a Republican member of Congress, and
now a Republican judge of the Supreme Court of Nebraska. Gen. Cobb said :

" To me has been intrusted the pleasant duty of appearing before you in the ca-
pacity of an old friend and comrade of the cistinguished general now before you,
to introduce him to you on this occasion. Six years ago I had the honor to be in
command of a volunteer regiment in the Army of tlie Potomac, and, with three
other regiments, had the good fortune to be placed under the command of the
then newly appointed Brig. Gen. Hancock. During the long and tedious win'er
of 1861 and 1862, we did duty in front of this capital, devoting the days to disci,
pline and the nights to watching and picket. We were volunteers. The general
was a regular army officer. All of you who passed through similar experience
will bear me witness that the volunteers felt the rigors of discipline when placed
under such disciplinarians as that army was commanded by, and its discipline
and after efficiency was owing chiefiy, if not wholly, to this fact. The winter
passed away, and the army finally moved, and in the course of the war they were
brought in front of the enemy. Gen. Hancock's first brigade succeeded in turn,
ing the enemy's left at Williamsbu -g, aad afterwards he prevented the victorious

'28 LIFE OF WINFIELD S. HANCOCK.

enemy from driving the lines of McClellan from the Chickahominy, and later on
it came up to save the day at Antietam, and now I esteem it a great honor be-
stowed upon me and my old regiment to have the opportunity of standing here
"by that great general's side, bearing testimony to his kindness of heart, his gal-
lantry as a soldier and his trueness as a man."

The speaker here turned to Gen. Hancock and said:

" Allow me to say that to your new field of duty the hearts of your old brigade
go with you, knowing that wherever you may go the country will have a brave
and eflScient soldier, and that flag a gallant defender."

Gen. Hancock was received with much applause, and replied as follows :

" Citizens of Wasliington: I thank you for this testimony of your confidence in
my ability to perform my duty in a new and different sphere. Educated as a sol-
dier in the military school of our country, and on the field of the Mexican war
and American rebellion, I need not assure you that my course as a district com-
mander will be characterized by the same strict obedience to the law there taught
me as a soldier. 1 know no other guide or higher duty. Misrepresentation and
misconstruction arising from the passions of the hour, and spread by those who
do not know that devotion to duty has governed my actions in every trying hour,
may meet me, but I fear them not. My highest desire will be to perform the
duties of my new sphere, not in the interest of parties or partisans, but for the
benefit of my country, the honor of my profession, and I trust also for the welfare
of the people committed to my care. I ask, then, citizens, that time may be per-
mitted to develop my actions. Judge me by the deeds I may perform, and con-
scious of my devotion to duty and my country, I shall be satisfied with your ver-
dict, and if a generous country shall approve my actions in the future, as it has
in the past, my highest ambition will have been achieved. As a soldier, I am to
administer the laws, rather than discuss them. If I can administer them to the
satisfaction of my country, I shall indeed be happy in the consciousness of a duty
performed. I am about to leave your city — the capital of our country — bearing
the proud name of Washington. As an American citizen, the rapid development
and increase of its wealth, beauty and prosperity is a matter in which I am deeply
interestedi but far beyond this, citizens of Washington, I rejoice with you that,
in the trying hour of the rebellion, the capital of the nation contributed as fully
in proportion to its numbers as any state in the Union to the brave volunteer
army which has demonstrated to the world the strength and invincibility of a
xepublican form of government. I shall carry with me the recollections of this
occasion, and when I return, may I not hope that none who are here will regret
their participation in the honor you have done me to-night ?"

Since 1868 Gen. Hancock has been in command of the Department of Dakota
tmd the Military Division of the Atlantic ; but his pre-eminent qualifications
for the Presidency have from that time to this been widely recognized by his
countrymen ; and although himself seeking no such distinction, and promoting
no steps in that direction, his name has commanded a large vote in every suc-
<;eeding Democratic convention, until, by the last, he was unanimously nomi-
nated for that great oflSce.

HANCOCK TO SHERMAN. 29*

HANCOCK TO SHERMAN.

Congress met on December 4th, 1876. The results of the returning boardsr
frauds in Louisiana, South Carolina and Florida, were then known throughout the
country. A large number of troops were concentrated at Washington, and there
was piuch apprehension that the army would be called upon to take part in the set-
tlement of the presidential contest. General Sherman, commanding the army of
the United States, consulted with his immediate subordinates as to their views of
their, duty under these circumstances. He wrote to General Hancock two letters,
one on the 4th of December, 1876, and the other on the 17th of the same month.
General Hancock replied to these letters on December 28th, from Carondelet,
near St. Louis, Missouri.

After Hancock's nomination for the presidency, the Republican press circulated
a story that between the presidential election of 1876, and the establishment of
the Electoral Commission, General Hancock, had written a letter to General Sher-
man, declaring his intention " to take his orders from Mr. Tilden," and express^
ing treasonable sentiments. The statements of Republican newspapers were not
refuted for some time for the reason that General Sherman was absent in the fa?
West, and the letter could not with propriety be published without his consent.
That consent was given at the end of July last,' and the letter was first published
on the 1st of August. Its publication has not only absolutely refuted the false-
hoods which had been circulated in relation to it, but has resulted in making
plain to the world General Hancock's profound statesmanship and his pre-
eminent fitness for the office of President of the United States.

GENERAL HANCOCK TO GENERAL SHERMAN.

Carondelet P. O., >

St. Louis, Mo., December 28, 1876. f

My Dear General: Your favor of the 4th mstant reached me in New York
on the 5th, the day before I left for the West. I intended to reply to it before
leaving, but cares incident to departure interfered. Then again, since my arrival
here I have been so occupied with personal affairs of a business nature that I have
defeiTed writing from day to day until this moment, and now I find myself in
debt to you another letter in acknowledgment of your favor of the 17th, received
a few days since.

I have concluded to leave here on the 29th (to-morrow) P. M., so that I may be
expected in New York on the 31st instant. It has been cold and dreary since my
arrival here. I have worked " like a Turk " (I presume that means hard work
in the country, in making fences, cutting down trees, repairing buildings, &c.,
&c., and am at least able to say that St. Louis is the coldest place in the winter,
as it is the hottest in summer, of any that I have encountered in a temperate-
zone. I have known St. Louis in December to have genial weather throughoi^,^

30 HANCOCK TO SHERMAN.

the month; this December has been frigid, and the river has been frozen more
solid than I have ever known it.

When I heard the rumor that I was ordered to the Pacific coast I thought it
probably true, considering the past discussion on that subject. The possibilities
«eemed to me to point that way. Had it been true I should, of course, have pre-
sented no complaint nor made resistance of any kind. I would have gone quietly
if not prepared to go promptly. I certainly would have been relieved from the
responsibilities and anxieties concerning Presidential matters which may fall to
those near the throne or in authority within the next four months, as well as from
other incidents or matters which 1 could not control, and the action concerning
which I might not approve. I was not exactly prepared to go to the Pacific,
however, and I therefore felt relieved when I received your note informing me
that there was no truth in the rumors.

Then, I did not wish to appear to be escaping from responsibilities and possible
dangers which may cluster around military commanders in the East, especially
in the critical period fast approaching. All's well that ends well. The whole
matter of the Presidency seems to me to be simple, and to admit of a peaceful
solution. The machinery for such a contingency as threatens to present itself
Jias been all carefully prepared. It only requires lubrication, owing to dis-
use. The army should have nothing to do with the selection or inauguration of
Presidents. The people elect the President. The Congress declares in a joint
session who he is. We of the army have only to obey his mandates, and are
protected in so doing only so far as they may be lawful. Our commissions ex-
press that. I like Jefferson's way of inauguration ; it suits our system. He rode
alone on horseback to the Capitol (I fear it w^as the "Old Capitol"), tied his
horse to a rail fence, entered and was duly sworn, then rode to the Executive
Mansion and took possession. He inaugurated himself, simply by taking the
oath of office. There is no other legal inauguration in our system. The people
or politicians may institute parades in honor of the event, and public officials may
add to the pageant by assembling troops and banners, but all that only comes
properly after the inauguration— not before, and it is not a part of it. Our system
■does not provide that one President should inaugurate another. There might be
danger in that, and it was studiously left out of the charter. But you are placed
in an exceptionally important position in connection with coming events. The
capital is in my jurisdiction also, but I am a subordinate, and not on the spot,
and if I were, so also would be my superior in authority, for there is the station
of the General-in-Chief.

On the principle that a regularly elected President's term of office expires with
the 3d of March (of which I have not the slightest doubt), and which the laws
bearing on the subject uniformly recognize, and in consideration of the possibility
that the lawfully elected President may not appear until the 5th of March, a great
deal of responsibility may necessarily fall upon you. You hold over! You will
have power and prestige to support you. The Secretary of War, too, probably,
holds over; but if no President appears, he may not be able to exercise functions
in the name of a President, for his proper acts are those of a known superior — a
lawful President. You act on your own responsibility and by virtue of a com-
mission, only restricted by the law. The Secretary of War is the mouthpiece of
a President. You are not. If neither candidate has a constitutional majority of
the Electoral College, or the Senate and House on the occasion of the count do not
unite in declaring some person legally elected by the people, there is a lawful ma-
chinery already provided to meet that contingency and decide the question peace-

HANCOCK TO SHERMAN. 31

fully. It has not been recently used, no occasion presenting itself, but our fore-
fathers provided it. It has been exercised, and has been recognized and submitted
to as lawful on every hand. That machinery would probably elect Mr. Tilden
President and Mr. Wheeler Vice-President. That would be right enough, for the
law provides that in a failure to elect duly by the people, the House shall immediately
elect the President and the Senate the Vice-President. Some tribunal must de-
cide whether the people have duly elected a President. I presume, of course,
that it is in the joint affirmative action of the Senate and House, or why are they
present to witness the count if not to see that it is fair and just ? If a failure to
agree arises between the two bodies, there can be no lawful aflBrmative decision
that the people have elected a President, and the House must then proceed
to act, not the Senate. The Senate elects Vice-Presidents, not Presidents.
Doubtless in case of a failure by the House to elect a President by the 4th of
March, the President of the Senate (if there be one) would be the legitimate per-
son to exercise presidential authority for the time being, or until the appearance
of a lawful Presid3nt, or for the time laid down in the Constitution. Such
courses would be peaceful, and, I have a firm belief, lawful.

I have no doubt Governor Hayes would make an excellent President. I
have met him and know of him. For a brief period he served under my com-
mand, but as the matter stands I can't see any likelihood of his being duly de-
clared elected by the people unless the Senate and House come to be in accord
as to that fact, and the House would of course not otherwise elect him. What
the people want is a peaceful determination of this matter, as fair a determina-
tion as possible, and a lawful one. No other Administration could stand the
test. The country if not plunged into revolution would become poorer day by
day, business would languish, and our bonds would come home to find a depre-
ciated market.

I was not in favor of the military action in South Carolina recently, and if
General Ruger had telegraphed to me or asked for advice I would have advised him
not under any circumstances to allow himself or his troops to determine who
were the lawful members of a State Legislature. I could not have given him bet-
ter advice than to refer him to the special message of the President in the case of
Louisiana some time before.

But in South Carolina he had had the question settled by a decision of the Su-
preme Court of the State— the highest tribunal which had acted on the question-
so that his line of duty seemed even to be clearer than the action in the Louisiana
case. If the Federal court had interfered and overruled the decision of the State
court there might have been a doubt certainly, but the Federal court only inter-
fered to complicate — not to decide or overrule.

Anyhow it is no business of the army to enter upon such questions, and even if
it might be so in any event, if the civil authority is supreme, as the Constitution
declares it to be, the South Carolina case was one in which the army had a plain
duty.

Had General Ruger asked me for advice, and if I had given it, I should of
course have notified you of my action immediately, so that it could have been
promptly overruled if it should have been deemed advisable by you or other su-
perior in authority. General Ruger did not ask for my advice, and I inferred
from that and other facts that he did not desire it, or that, being in direct com-
munication with my military superiors at the seat of Government, who were
nearer to him in time and distance than I was, he deemed it unnecessary. As
General Ruger had the ultimate responsibility of action and had really the greater

32 HANCOCK TO SHERMAN.

danger to confront in the final action in the matter, I did not venture to embar-
rass him by sugg' stions. He was a department commander, and the lawful head
of the military administration within the limits of the department; but besides
I knew that he had been called to Washington for consultation before taking
command, and was probably aware of the views of the administration as to civil
affairs in his command. I knew that he was in direct communication with my
superiors in authority in reference to the delicate subjects presented for hia con-
sideration, or had ideas of his own which he believed to be sufficiently in accord
with the views of our common superiors to enable him to act intelligently accord-
ing to his judgment, and without suggestions from those not on the spot and not
as fully acquainted with the facts as himself. He desired, too, to be free to act,
as he had the eventual greater responsibility, and so the matter was governed as
between him and myself.

As I have been writing thus freely to you, I may still further unbosom myself
by stating that I have not thought it lawful or wise to use Federal troops in such
matters as have transpired east of the Mississippi within the last few months,
save so far as they may be brought into action under the article of the Constitu-
tion which contemplates meeting armed resistance or invasion of a state more
powerful than the state authorities can subdue by the ordinary processes, and
then only when requested by the legislature, or, if it could not be convened in
season, by the Governor ; and when the President of the United States intervenes
in that manner it is a state of war, not peace.

The army is laboring under disadvantages and has been used unlawfully at
times in the judgment of the people (in mine certainly), and we have lost a great
deal of the kindly feeling which the community at large once felt for us. *' It is
time to stop and unload. "

Officers in command of troops often find it difficult to act wisely and safely
when superiors in authority have different views of the law from theirs, and
when legislation has sanctioned action seemingly in conflict with the fundamen-
tal law, and they generally defer to the known judgment of their superiors.
Yet the superior officers of the army are so regarded in such great crises and are
held to such responsibility, especially those at or near the head of it. that it is ne-
cessary on such momentous occasions to dare to determine for themselves what is
lawful and what is not lawful under our system, if the military authorities should
be invoked, as might possibly be the case in such exceptional times when there
existed such divergent views as to the correct result. The army will suffer from
its past action if it has acted wrongfully. Our regular army has little hold upon
the affections of the people of to-day, and its superior officers should certainly,
as far as lies in their power, legally and with righteous intent aim to defend the
right, which to us is the law, and the institution which they represent. It is a
well-meaning institution, and it would be well if it should have an opportunity
to be recognized as a bulwark in support of the rights of the people and of the
LAW. I ani truly yours,

WINFIELD S. HANCOCK.
To General W. T. Sherman, commanding Army of the United States, Wash-
ington, D. C. •

LlFi: OF WILLIAM H. ENGLISH. 33

LIFE OF AVILLIAM H. ENGLISH*.

In the cemetery of the thriving but rather quiet town of Carrolltou, the county
Beat of Greene county, 111., there is, or was some years ago, ah unpretentious
monument, standing by two graves, bearing the following inscriptionj :

''In memory of Elisha English, born March 2, 17G8, near Laurel, Sussex county,
I el. Married Sarah Wharton, Dec. 10, 1788. Removed to Kentucky in 1790,
ajd to Greene county, Illinois, in 1830. Died at Louisville, Ky., March 7,
11357. He was a faithful husband, a kind father and an honest man.

" In memory of Sarah Wharton, wife of Elisha English. Died November 27,
1$ 49, in the eighty-second year of her age. She was kind to her neighbors, de-
voted t:j her family, and a noble woman in all the relations of life.

" My father and my mother. They lived lovingly together as husband and wife
over sixty years, and, before the tie was broken, could number two hundred living
descendants. Their fourteen children all married and had children before a death
occurred in the family. This monument is erected to their memory by Elisha G.
English, of Indiana."

These are the grandparents, on the father's side, of the subject of this sketch,
the Hon, William H. English, and the facts disclosed by these inscriptions embody
the most that is known of their history.

On the mother's side, his grandparents "sleep their last sleep" in the Rikers
Ridge (or Hillis) burying-ground, a romantic spot near the Ohio river, a few miles
northeast of Madison, Indiana, and again recourse is had to a monument which
marks their graves as containing an epitome of the most that is known of their
history :

" In memory of Philip Eastin, a lieutenant in the Fourth Virginia regiment in
the war of the American Revolution, who was buried in this secluded spot in the
year 1817, leaving his widow and a large family of children to mourn his loss.
* He sleeps his last sleep, he has fought his last battle.' Honor his memory; he
was one of the brave and true men whose gallant deeds gave freedom and inde-
pendence to our country.

" In memory of Sarah Smith Eastin, who died near this place and was buried
here in the year 1843. She was married to Lieutenant Philip Eastin at Winches-
ter, Va., in 1782, near which place she was born, being a descendant of the Hite
family, who first settled that valley. The prosperity of early life gave pl:ice in
her old age to poverty and the hardships of rearing a large family in a nev/ coun-
try ; but she acted her part well under all circumstances, and died with the respect
and love of all who knev/^ her. Now that the oys and sorrows of a long and
eventful life are over, they sleep well. May they rest in peace. This monument
is erected to their memory by their grandson, William 11. English."

Of the seventeen children born to this pair, Mahala, the mother of our Subject,
first saw the light in Fayette county, Ky. , and now resides Avith her distinguished
son and only surviving child at Indianapolis, in the eighty-second year of her age,
retaining in a remarkable degree her health and all her faculties.

As an element of character and one which all good persons recognize as essential
to greatness, not one can be named so well calculated to inspire respect as the pro-
found veneration of a son for his parents, and especially when its development
draws the child even more to them as the weight of years increases. This trait of

34 LIFE OF WILLIAM H. ENGLISH.

character was peculiarly marked in Mr. English. His honors and his prosperity
only vitalized his affections for his parents, and in his home he demonstrated the
goodness of his heart, the warmth of his affections and the nobility of his charac-
ter, and Indiana, in all of her happy homes, presents no more beautiful picture ot
a son's devotion than is to be found in Mr. English's, where his mother, now over
four-score years of age, is enjoying all the fruitions that affection can bestow.

Her husband. Major Elislia G. English, who was one of the fourteen children
referred to in the first inscription, died at his son's residence in Indianapolis, No-
Tember 14, 1874, full of years and full of honors. He was, however, a citizen of
Scott county, Indiana, at the time of his death, as he had been for over a half
century, having immigrated to that county in 1818, from Kentucky, in which
state he was born. As one of the pioneers of Indiana, he enjoyed in the highest
degree the respect and confidence of the people, was several times sheriff of his
county, for about twenty years a member of the Indiana House of Representa-
tives or Senate, and for some time United States Marshal for Indiana.

BIRTH AND BOYHOOD.

Surrounded by scenes of hardy adventure and of reckless daring, so familiar to
the pioneers of the West, William H. English was born August 27, 1823, at the
village of Lexington, Scott county, Indiana, and he has literally grown with his
native state, and strengthened with her strength, until he has become thoroughly
identified with her interests and prosperity. Both are now in their full meridian,
and he bears the reputation of being one among the most far-seeing and energetic
business men of the country. This is the more strange when it is considered that
he had previously reached great distinction in public life, having entered that
field in his early career, but voluntarily retired from it.

The student of biography, especially the biographies of Americans who had
been distinguished in war, politics, literature and science, has been impressed
with the fact that those who in youth were subjected to the severest struggles,
have often gained the proudest eminence in after life; and Indiana has furnished
a long list of names demonstrating the truth of the proposition, and the early
life of Mr. English conspicuously illustrates it. Born at a time when school-
houses were few and far between, he mastered the rudiments at an early age, and
took a position in public affairs when others more favorably situated were dally-
ing in the problems he had solved. This youthful heroism furnishes the key to
his future success— the indomitableness of the boy foreshadowing the man of af-
fairs, who, learning the value of persistency in youth, would carry it into all the
enterprises of manhood — an example worthy of profound study by other youth
of the country.

EDUCATION AND ADMISSION TO THE BAR.

His education wa3 such as could be acquired at the common schools of the
neighborhood, and a course of three years' study at the South Hanover College.
He studied law, and was admitted to practice in the circuit court at the early age
of eighteen years. He was subsequently admitted to the Supreme Court of his
state, and in the twenty-third year of his age, to the highest judicial tribunal in
the country, the Supreme Court of the United States.

, , ENTRANCE INTO POLITICS.

At an early age Mr. English's inclinations turned to a political life. His youth-
ful ambition to win success, and opportunities which then presented themselvec,
combinad to urge him in this direction of effort. However, in the calm reflection
of later j^ears, and in tlic full realization of these aspirations, he lai:l down the

LIFE OF WILLIAM H. ENGLISH. 35

honors and emoluments of office to seek in the walks of business a more con-
genial vocation. He identified himself with the Democratic party, and took a
prominent part in the political contest of his county, even before he arrived at
his majority.

Several years before he was of age, he was chosen a delegate from Scott county
to the Democratic State Convention at Indianapolis, which nominated General
Tilghman A. Howard for governor. There was no railroad connection with the
capital at that time, and the roads were in such a deplorable condition that it took
him six days' horseback riding to make the round trip. He commenced making
speeches in that campaign and continued in active politics for many years.

APPOINTED POSTMASTER.

Under the Tyler administration, Mr. English was appointed postmaster of Lex-
ington, his native village, then the county seat of Scott county.

ELECTED PRINCIPAL CLERK OF INDIANA HOUSE OF REPRESENTATIVES.

In 1843 he was chosen principal clerk of the House of Representatives of his
state, over several distinguished and worthy competitors.

James D. Williams , now the venerable and respected Governor of Indiana, was
then, for the first time, a member of the House, and he has several times made
public mention of the fact that Mr. English then performed the same duties, and
most satisfactorily, too, with the aid of one assistant, that in these later years over
a half dozen are paid to perform.

APPOINTED CLERK IN THE UNITED STATES TREASURY DEPARTMENT.

After the election of Mr. Polk to the Presidency, to which Mr. English largely
contributed, as an active and efficient politician in his section of the country, he
was tendered an appointment in the Treasury Department at Washington, which
he accepted, and continued to discharge its duties during that administration. He
was not the man to disguise his principles or make an effort to keep a place under
an administration he had opposed. He voted for the nomination of Cass in tlie
National Convention, and had strenuously opposed the election of General Tay-
lor. He, therefore, on the day preceding the inauguration, sent to Mr. Polk a
letter of resignation, which was extensively copied by the Democratic press, with
comments approving the independent spirit of its author.

FAMILY ALWAYS DEMOCRATIC.

In the National Convention of 1848, his father, Elisha G. English, and his
uncle, Revel W. English, were Vice-Presidents, and two other uncles delegates.
It was in that convention he met the now celebrated Samuel J. Tilden, who was
a delegate from the state of New York.

It will be observed that Mr. English is a Democrat, not only by the sober judg-
ment of his mature manhood, but the traditions of his family, and it may be said
tliat the commanding positions he has held, his large experience and his knowl-
edge of men and measures, all combine to strengthen his convictions that the prin-
ciples of the Democratic party must prevail if we are to have a united and pros-
perous country. His own idea of what these principles are will be best under-
stood by the following vigorous and forcible words uttered by him in a late pub-
lished interview : ,,,

"I am for honesty in money >^s .in politics and morals, and, think the great
material and business interests of this country should be placed upoi^ tlie most
solid basis, and as far as possible from the blighting influence of demagogues.
At the same time, I am opposed to class legislation, and in favor of ^rotectinjg

36 LIFE OF WILLIAM H. ENGLISH.

and fostering the interests of the laboring and prodacing classes in every legiti-
mate way possible. A pure, econom."cal, constitutional government, that will
protect the liberty of the people and the property of the people, without destroy-
ing, the rights of the states or aggrandizing its own powers beyond the limits of
the Constitution, is the kind of government contemplated by the fathers, and by
that I think the Democracy propose to stand."

But Mr. English was not permitted to remain long out of public life. His
abilities were universally recognized.

CLERK UNITED STATES SENATE COMMIT TEE IN 1850.

He was a clerk of the Claims Committee in the United States Senate during the
memorable session of the compromise of 1850, heard Calhoun f.nd Cass, Clay and
Webster, Benton, and other great statesmen of the age, in those able, forensic
efforts, which obtained so much celebrity and led to the results so gratifying to
every American patriot.

And the pure patri:>tism of such men, the grandeur of their eloquence— the far-
reaching benefits of the measure proposed and advocated— left a fadeless impres-
sion on Mr. English's mind that inspired his ambition, broadened his views and
contributed largely in giving him influence when he became a member of the Na-
tional Legislature. At the close of the session he resigned his position and
returned to his home in Indiana.

ELECTED SECRETARY OP THE CONSTITUTIONAL CONVENTION.

The people of that state had just decided to call a convention to revise the state
constitution adopted in 1816, and after an existence of over a third of a century
the adoption of a new constitution, in accord with the spirit of the times, was
approa(*hed with much caution. Every one felt the necessity of confiding the
trust to the wisest and best men in the state, and it is doubtful whether a superior
body of men ever assembled for a like purpose than that which assembled at In-
dianapolis in October, 1850, to prepare a constitution for the state of Indiana.
Mr. English had the distinguished honor of being elected the principal Secretary
of the convention and of officially attesting the constitution which was prepared
by the convention after over four months' deliberation and ratified by an over-
whelming vote of the people.

As Secretary of the convention, he added largely to his reputation, and the fact
was recognized that his abilities were of a character to command a wider sphere
of usefulness to the party and to the country.

ELECTED TO THE LEGISLATURE.

The adoption of the new constitution made a necessity for a thorough revision
of the laws of the state, and the same high order of talent was needed to mold the
laws as had been required to prepare the constitution itself. It was, therefore, a
great honor to Mr. English, that in 1851, he was elected to represent his native
county in the state legislature against an opposition majority, and over a com-
petitor considered the strongest and most popular man of his party in the county.
This was the first meeting of the legislature under the provisions of the new con-
stitution, and judgment and discretion were required of the legislature to put
the new state machinery into harmonious and successful operation. It was, there-
fore^ no small compliment for so young a man as Mr. English to have been chosen
over so many older and more experienced citizens.

ELECTED SPEAKER OF THE HOUSE.

But a still greater honor awaited him, for, notwithstanding he was then but

LIFE OF WILLIAM H. EXGLTSH. 37

twenty-nine years of age, and it was his first session as a member, and, also, that
there were many old, experienced and distinguished men in that legislature, Mr.
English was elected Speaker by twenty-eight majority, and it may be mentioned
as an evidence of his ability and popularity as a presiding officer that, during his
long term of service (over three months), no appeal was taken from any of his de-
cisions. This was the more remarkable as it was the first session under the new
•constitution, when many new points had to be decided.

Many radical and highly beneficial reforms in the laws of the state were made
at this session, to the success of which Mr. English largely contributed, and in
some instances originated, such as the change in the system of taxing- railroads,
and the substitution of the present short form of deeds, mortgages, etc. , for the
long intricate forms.

Mr. English has, in an eminent degree, that force and energy of character
ivhich leads to successful action, and has left his impress upon the measure of
€very deliberative body, company, or association to which he has belonged. In
s, word, he has all the elements of a bold, aggressive and successful leadership.
If lost with a multitude in a pathless wilderness, he would not lag behind wait-
ing for some one else to plan or open up the pathway of escape. He would be
more apt to promptly advise which was the best way out, or make the road him-
self and call upon liis comrades to follow.

ELECTED TO CONGRESS.

"With the close of the long session of the Legislature of 1851, in which Mr. Eng-
lish had earned golden opinions from men of all parties, he was justly regarded
as one of the foremost men of the state, and the Democrats of his district with
great unanimity solicited him to become their standard-bearer in the race for Con-
gress. He was nominated, and in October, 1852, was elected by 488 majority over
his very worthy competitor, John D. Ferguson, now deceased, with whom he was
always on terms of the warmest personal friendship.

Mr. English entered Congress at the commencement of Mr. Pierce's adminis-
tration, and gave its political measures a warm and hearty support. It was a
memorable period in the history of the country, a time when questions of far-
xeaching consequence had their birth, and which, a few years subsequently, test-
ed to the utmost limit the strength of the Republic. It was the time for the dis-
play of unselfish patriotism, lofty purpose, moral courage and unwavering devo-
tion to the Constitution. Mr English met the demand. He was equal to the
responsibility of the occasion. He never disappointed his constituents, his party
or his country. He displayed his national qualities of prudence, sagacity and
firmness.

KANSAS-NEBRASKA BILL,

It was at the opening of this Congress that the famous Kansas-Nebraska bill
vsras introduced. Mr. English was a member of the House Committee on Terri-
tories, which was charged with the consideration and report of the bill. He did
not concur with the majority of the committee in the propriety and expediency
of bringing forward the measure at that time, and made a minority report on the
31st of January, 1854, proposing several important amendments, which, although
not directly adopted, for reasons hereafter explained, probably led to modifica-
tions of the bill of the Senate, which bill was finally adopted as an amendment
to the House bill, and enacted into a law. Both the House and Senate bill, at the
time Mr. English made his minority report, contained a provision "that the Con-
stitution and all laws of the United States which are not locally inapplicable,

88 LIFE OF WILLIAM H. ENGLISH.

shall have the same force and effect within the said territory as elsewhere in the
United States ;" and then followed this important reservation :

" Except the eighth section of the act preparatory to the admission of Missouri
into the Union, approved March 6th, 1820, which was superseded by the prin-
ciples of the legislation of 1850, commonly called the compromise measures, and
is hereby declared inoperative. "

Mr. English proposed to strike out this exception and insert the following :

"Provided, that nothing in this act shall be so construed as to prevent the
people of said territory, through the properly constituted legislative authority,
from passing such laws in relation to the institution of slavery, not inconsistent
with the Constitution of the United States, as they may deem best adapted to
their locality and most conducive to their happiness and welfare ; and so much
of any existing act of Congress as may conflict with the above right of the people
to regulate their domestic institutions in their own way, be, and the same is here-
by, repealed."

In the history of this subject, given in the first volume of Mr. Horace Greeley'a
" American Conflict," the opinion is expressed that this proposition of Mr. En-
glish could not have been defeated on the call of the yeas and nays, and the
author goes on to explain and condemn the new and ingenious parliamentary
maneuver resorted to at the time, which cut off all amendments, but the substi-
tution of the Senate Bill for the Bill of the House. " Thus," says Mr. Greeley,
" The opponents of the measure in the House were precluded from proposing any
amendments or modifications whatever, when it is morally certain that had they
been permitted to do so, some such amendments as Gov. Chase's or Mr. English's:
would have been carried." The parliamentary maneuver referred to brought the
House to a vote on the Senate Bill, which, in the meantime, had been offered as.
a substitute for the House Bill, was adopted and became the law.

POPULAR SOVEREIGNTY.

Now, there is one point in the history of this important measure not very clear-
ly developed in Mr. Greeley's account (in the main fair and accurate), which it
will be well to refer to. It is true the Senate and House Bill were substantially
the same on the 31st of January, when Mr. English offered his amendments; but
before the 8th of May, when the House substituted the Senate Bill for its own,
and passed it, material modifications had been made in the Senate Bill. It was
the modified bill and not the bill of the 31st of January, that became the law.
For example, on the 15th of February, two weeks after Mr. English submitted
his amendments (the Senate and House Bills being up at that time in substan-
tially the same shape), the Senate adopted an amendment which had been sub-
mitted by Senator Douglas on the 7th of February, striking out a portion of the
same clause Mr. English had proposed to strike out, and substituting the follow-
ing :

"Which being inconsistent with the principle of non-intervention by Congress
with slavery in states and territories, as recognized by the legislation of 1850,
commonly called the compromise measures, is hereby declared inoperative and
void ; it being the true intent and meaning of this act not to legislate slavery in-
to any territory or state, nor to exclude it therefrom, but to leave the people
perfectly free to form and regulate their domestic institutions in their own way,
subject only to the Constitution of the United States."

This amendment satisfied some of those members who at first regarded the
measure with disfavor, and a comparison will show to what extent it embodied
or harmonized with the amendment Mr, English had previously off ered«

LIFE OF WILLIAM H, ENGLISH. 39

It is undoubtedly true, as the Congressional records will show, that Mr. En-
glish brought forward the " popular sovereignty " idea in the minority report made
"by him to the House of Representatives in January ; that the same idea was
submitted to the Senate in February and adopted by that body ; that the House
then adopted the amended Bill of the Senate as a substitute for the House Bill,
and it thus became a law. Hence the debate and public attention was directed
almost exclusively to the Senate Bill.

The objections made in Mr. English's minority report to the proposed boun-
daries of the territory were also obviated by amendments. No doubt, these modi-
fications and a desire to act in harmony with the Democratic administration, in-
fluenced some of the Democratic members from the free states to support the
bill, who, like Mr. English, thought its introduction unfortunate and ill-timed.

Senator Douglas was justly regarded as the great leader and champion of the
'• popular sovereignty " idea- So far as the advocacy of that principle was con-
cerned, Mr. English was with him, and it will not be out of place to state here
that although some slight political differences ultimately sprang up between
them in relation to the " English Bill " hereafter mentioned, they were always
personal friends, and for many years the relations between them were of the
most intimate character. As far back as 1845, Mr. Douglas wrote President Polk
urging that Mr. English be appointed Recorder of the General Land Office, and
Mr. English has many letters from Mr. Douglas expressing the most cordial friend-
ship.

SLAVERY AGITATION— POSITION ON SLAVERY QUESTION.

The controversy about the institution of slavery, which had been going on,
ivith but little intermission, ever since the formation of the government, raged
with greatly increased bitterness during the eight years immediately preceding
the war. During all this period Mr. English was in Congress, and more or less
identified with the measures involving the question of slavery. It is therefore,
perhaps, proper to briefly define the position he occupied upon this great question
of the age, as gleaned from his speeches and the Congressional history of the
period. " I am," said he in one of his speeches, "a native of a free state and
have no love for the institution of slavery. Aside from the moral question in-
volved, I regard it as an injury to the state where it exists, and if it were pro-
posed to introduce it where I reside, would resist it to the last extremity."

He believed in faithfully maintaining all the rights of the states as guaranteed
by the Constitution, and that it would ha wisest to refer the question of slavery
to that best and safest of all tribunals — the people to be governed. " They are the
best judges of the soil and climate and wants of the country they inhabit ; they
are the true judges of what will best suit their own condition and promote their
welfare and happiness."

Speaking for himself and his constituents he said upon another occasion: " We
do not like this institution of slavery, neither in its moral, social nor political
bearings, but consider that it is a matter which, like all other domestic affairs,
each organized community ought to be allowed to decide for itself. "

The idea of " leaving the people of every state and territory perfectly free to
form and regulate their domestic institutions in their own way, subject only to
the Constitution ot the United States," seemed to be in accordance with the
genius of our American institutions, but the storm raised by the passage of the
Kansas-Nebraska Bill resulted in the defeat of nearly all the members from the
free states who voted for it. In fact, Mr. English was one of the only three itt
the United States who commanded strength enough to survive the storm.

40 LIFE OP WILLIAM H. ENGLISH.

SECOND ELECTION TO CONGRESS — GREAT CANVASS AGAINST KNOW-NOTHINGISM
AND " SEARCH, SEIZURE AND CONFISCATION."

He was unanimously nominated for re-election to Congress and elected, in Oc*
tober, 1854, by 588 majority — an increase of 100 — over his Whig and Know-
Nothing opponent, Judge Thomas C. Slaughter, now deceased, a bitter partisan,
but a warm personal friend of Mr. English to the end of his life.

During Mr. English's Congressional career, the country, in addition to other
causes of agitation, was visited with a fanatical cyclone known as Know-Nothing
ism, thatfor a time threatened to overwhelm and obliterate the traditions and laws
of the country, and to create the most odious distinctions of citizenship based
upon religion and nationality. Never did the war of prejudice and ignorance
beat with greater force upon the most sacred guarantees of the Constitution ; never
was a public mind more thoroughly permeated with hostility toward men of for-
eign birth, nor was there ever a period in the history of the Republic wheu
religious animosities assumed such a repulsive and defiant aspect. Foreign-born
citizens were to be ostracised and men's freedom to worship God according to
the dictates of their own consciences was to be restricted. The virus spread ia
every direction. It laid hold upon young and old — Know-Nothing lodges sprung
up everywhere — hates engendered in every home, lurked in every hiding place,,
and found expression in every meeting of the mysterious order. To expose the
evil designs of the order, to break its power and arrest its progress was no easy
task. The work required courage of the highest order, and into it Mr. English
threw himself in a spirt of self-abnegation, which commanded the applause of all
right-thinking men. In Mr. English the foreign-born citizen had a friend, indeed.
The force of his logic and the fearlessness of his denunciations battered down the
sophisms, prejudices and the spirit of exclusiveness wherever they offered resist-
ance— reason regained supremacy, and after a brief period Know-Nothingism
disappeared to take its place in history, besides witchcraft and other monstrous
delusions that have from time to time cursed the world. It was a Democratic
victory to which no man in the nation contributed more than did William H.
English in his gallant canvass against the Know-Nothings in the second Congres-
sional district of Indiana in 1854.

It would be difficult for persons now to comprehend the greai excitement in the
country at this time, and particularly in Mr. English's district, separated from
Louisville only by the Ohio river, at which place many foreigners had recently been
killed by a mob, growing out of the Know-Nothing agitation. The same spirit
existed on the Indiana side, but Mr. English, with that boldness which has ever
characterized him, fought the doctrines of the Know-Nothing party, and the
" search, seizure and confiscation temperance law" party upon every stump,
and came out victorious ; but lie was the only Democrat hut one elected to Congress at
that time from Indiana. In consequence of this gallant fight, as well as from his-
broad, liberal and conservative views, Mr. English has always been popular with
our foreign population.

He continued to support the policy of the administration of President Pierce
during the Thirty-fourth Congress.

REGENT OF THE SMITHSONIAN INSTITUTION.

He was a liegent of the Smithsonian institution for eight years, and, during
this Congress, made a speech in defense of the management of the institution
which was highly commended by Prof. Henry, Charles Henry Davis and other
eminent scientific gentlemen. Mr. Davis went so far as to write a letter, in which

LIFE OP WILLIAM H. ENGLISH. 41

lie said Mr. English was entitled to ' * the gratitude and friendly regard of every
scientific man in the country whose opinions are thought worth repeating.

In this speech Mr, English evinced higher qualities of statesmanship than are
developed in caucus and the usual combats of partisans — a statesmanship that
enters within the domain of science and art, and that seeks through the agencies
which enlightened governments can command to elevate and reform the people,
And to place within their reach facilities for the highest culture.

THIRD ELECTION TO CONGRESS.

At the end of Mr. English's second term he avowed his intention of not being
a candidate for Congress again, and requested his constituents to select some
other person. Tlie convention which met to nominate his successor, however,
after balloting forty-two times without making a choice, finally determined,
unanimously, to insist upon Mr, English taking the field for the third time, which
he reluctantly consented to do, and was elected by a larger majority than ever
before, in October, 1856.

ADMISSION OF KANSAS,

In the course of a speech delivered in the House of Representatives on the
admission of Kansas, Mr, English said :

" I think before Kansas is admitted, her people ought to ratify, or at least,
have a fair opportunity to vote upon the constitution under which it is proposed
to admits er ; at the same time, I am not so wedded to any particular plan that I
may not, for the sake of harmony and as a choice of evils, make reasonable con-
cessions, provided the substance would be secured, which is the making of the
constitution, at an earl}' day, conform to the public will, or, at least, that the
privilege and opportunity of so making it be secured to the people beyond all
question. Less tnan this would not satisfy the expectations of my constituents,
and I would not betray their wishes for any earthly considerations."

When the whole country had about abandoned the hope of a settlement of the
•disagreement between the two houses, and the angry contest was likely to be ad-
journed for further and protracted agitation b'efore the people, already inflamed
with sectional animosities, Mr, English took the responsibility of moving to con-
cur in the proposition of the Senate asking for a committee of free conference.
The excitement upon the occasion had scarcely ever been equaled in the House of
Representatives. Upon adopting this motion the vote Avas a tie (108 to 108) ; but
the Speaker voted in the aflirmative, and the motion prevailed. The committee
on the part of the House was composed of W, H, English, of Indiana ; A, H.
Stephens, of Georgia, and W, A. Howard, of Michigan. On the part of the Sen-
ate, J. S. Greene, of Missouri ; R. M. T. Hunter, of Virginia, and W, H, Seward,
of New York,

This is the history of the origin of the great Kansas compromise measure, com-
monly called the " English bill," which finally passed both branches of Congress
and became the law.

This law was, in effect, to place it in the power of the people of Kansas
to come into the Union under the Lecompton Constitution, or not, as they might
themselves determine at a fair election. It was not a submission as direct as Mr.
English himself preferred, as hereinafter explained, but was the best he could
get under the complications then existing, and was a substantial vindication of
the doctrine of " popular sovereignty" advocated in his minority report on the
Kansas-Nebraska Bill in the Thirty- third Congress.

It is impossible for persons now to realize the agitation and excitement in the

42 IIFE OF WILLIAM H. ENGLISH.

country at that time over the "English bill." Its passage was hailed with firing-
of cannons, illuminations and public rejoicing in many places.

CONGKATULATIONS AND REJOICINGS.

The President of the United States, Mr. Buchanan, was highly gratified, and
wrote Mr. English a letter of congratulation (which Mr. English has preserved),
in which he said :

*'I consider the present occasion the most fortunate of your life. It will be
your fate to end the dangerous agitation, to confer lasting benefits on your coun-
try, and to render your character historical. I shall remain always your friend."

On the night after the passage of the bill there was a great mass meeting in
Washington city which serenaded Mr. English.

In the course of his remarks he said :

"Let us all stand together in this great confederacy as equals, each state hav-
ing the right to regulate its own domestic institutions in its own way; and let us
apply this doctrine not only to Kansas, but to all the territories that may come
into this Union for all time to com^e. This is the doctrine of the Democratic
party, and when that party is struck down, the best interests of the country will
be struck down. Stop this agitation and let us act, not like visionary fanatics,
but practical men. Let well enough alone and leave the solution of this matter
to time and Providence. If we can not stand upon the doctrine of non-interven-
tion, where can we stand in safety?

" I know that it is the feeling of the people of Indiana that the interests and
rights of the South should never be trodden under foot. We do not intend to
surrender any of our rights, and we do not believe that the people of the South
desire to trespass upon our rights ; if they did, we should rise up as one man to
resist it, and we would resist it to the last. While we shall be careful to protect
our own rights, we shall be equally careful not to trespass upon the rights of our
brethren in other states. Upon such broad national grounds as this we can all
stand ; and if we do, this confederacy will continue increasing in prosperity and
glory. We must discard all these sectional ideas. We must cultivate a greater
feeling of respect and sympathy for each other, and for those of different sections;
and I trust and hope this is the dawn of a new era. I trust and hope we shall
hear no more of these sectional agitations. .Every good man and lover of his
country ought to set his face against them. I speak the sentiment of the entire
Democracy of my state when I say that we will do battle faithfully to protect the
rights of the people of every portion of the confederacy, and that we shall stand
by the Constitution and the Union to the last."

MR. ENGLISH EXPLAINS THE "ENGLISH BILL."

Mr. English claimed that the "English bill " was entirely as he wished it. In
a short speech made long after its passage, he said :

" It was not to be expected that a bill upon a subject of so much magnitude,
preceded by such intense excitement, long and heated debates, close votes, and
conflicts between co-ordinate branches of the government, could be enacted into
a law in a manner satisfactory to all, or vrithout violent opposition. Nothing in
man's nature, or the history of the past, warranted such expectation. Thirty
millions of excited people are not easily quieted, and a question which could
agitate a whole nation was not likely to be removed without a struggle and some
sacrifice of opinion.

"Perfection in- every respect was not claimed for the Conference Bill. Its
friends set up no unreasonable or extravagant pretensions in its behalf, and they^

LIFE OF WILLIAM H. ENGLISH. 43

HOW have the proud satisfaction of knowing that it has realized all they ever
claimed for it. It was enough that it contained the substance, and was the very
best that could be secured at the time and under the circumstances which then
existed.

"In that spirit it was agreed to in committee; in that spirit enacted into a law.
It sprang from the necessity of the case, and was supported in the hope of recon-
ciliation and peace. If those who gave it their support erred, it was in yielding
too much in the praiseworthy effort of removing a dangerous question from the
national councils and restoring harmony to a highly-excited people."

Under this law the question of admission under the Lecompton constitution
was, in effect, referred back to the people of Kansas, and thoy voted against it,
just as Mr, English and almost every one else expected they would do. Even so
I)itter a partisan as Mr. Greeley then was, admitted in his history that the vote cast
on the proposition submitted by the English bill "was, in fact, to reject the Le-
compton constitution. "

Thus the result v,^as accomplished which Mr. English h^d contended for from
the beginning, and there is no inconsistency in his record upon this subject. On
the final vote which admitted Kansas as a state, he was still a member, and voted
for her admission.

FOURTH ELECTION TO CONGRESS.

The popular current in the North was still strongly against the Democratic ad-
ministration, and the "English bill' entered into the ensuing political campaign,
and came in for the usual amount of misrepresentation and abuse.

Mr. English had again been brought forward for re-election, and the contest in
his 'district assumed a national importance. His political opponents made extra-
ordinary efforts to defeat him, and there was at one time some dissatisfaction with
a portion of his political friends, who thought he ought to have voted for the ad-
mission of Kansas under the Lecompton constitution.

After the passage of the English bill, the President offered to confer the highest
political honors upon Mr. English, but he declined receiving any executive appoint-
ment. The same offer of executive favors occurred under the admmistration of
President Johnson, with whom Mr. English had been on terms of the most inti-
mate friendship ever since the winter and spring of 1844-45, at which time they
laoarded at the same house, and Mr. Johnson, then a member of Congress from
Tennessee, aided in procuring an office for Mr. English under President Polk.

CONGRESSIONAL REMINISCENCES.

Mr. English entered Congress with Thomas A. Hendricks, Elihu B. Wash-
burn and John C. Breckinridge, and, at subsequent sessions, John Sherman, W.
S Groesbeck and George H. Pendleton, of Ohio ; Roscoe Conkling, of New York,
and Schuyler Colfax, of Indiana, became members, so that it may be said of Mr.
English's colleagues that two of them became Vice-Presidents of the United
States, and six have been prominently mentioned for the high office of President.

It is a sad commentary upon the short duration of human life, and the transi-
tory nature of all earthly honors, that of the two Senators and eleven members
of the House, constituting the Indiana delegation in the Thirty-third Congress,
which ended in 1854, all are now dead but Thomas A. Hendricks and William H.
English.

At the beginning of the Thirty-sixth Congress, John Sherman, now Mr. Hayes*
Secretary of the Treasury, was nominated by the Republicans for Speaker; but
after two months of great excitement, and a multitude of ballots, in which

44 LIFE OF WILLI A]\[ H. ENGLISH.

various persons were voted for, Gov. Pennington, of New Jersey, was finally
elected.

In the course of this struggle Mr. English made a speech, from which we
make a short extract, as it refers pointedly to his previous political history. He
said :

' ' Those who arc acquainted with my personal and political history know that I
have never belonged to or sympathized with any other than the Democratic party. I
have stood with that party against all the political organizations that have from
time to time been arrayed against it. When the old Whig party existed, I op-
posed it upon those issues which have become obsolete and are no longer before
the country. Upon the great question of slavery, which is the vital question of
this day, I stand where the Democracy stood, and the Whig party stood, as long
as the Whig party had an existence.

" Upon the advent of the Know-Nothing or American party, I opposed it per-
sistently, and particularly the peculiar doctrines of that party in relation to
naturalization and religion. My views upon these subjects have undergone no
change. I am for our naturalization laws as they stand, and for the entire free-
dom of religious belief, and would resist to the last any infringement upon the
one or the other."

EXCELSIOR.

The election of 1858 resulted in the return of Mr. English to Congress by a
larger majority than ever. There had been no change in the boundaries of his
district, but his career in this, as in everything else, had been upward and on-
ward, his majonty gradually increoHmg at each election from 488 in 1852 to 1,813 in
1858, and this at a time wlien Democratic Congressmen loere almost swept out of
existence in the Nortliern States.

THE SHADOW OP THE GREAT CIVIL WAR.

In the meantime the split in his political party continued to widen, and the
shadows of the great civil war began to be visible to his keen and experienced
vision.

Mr. English was then a member of the National Campaign Committee.

The approaching Democratic National Convention at Charleston, South Caro-
lina, was a great event, pregnant with mighty consequences both to that party and
to the country. Mr. English was not a delegate, but he went to Charleston to do
what he could as a peacemaker, to prevent, if possible, the division of the Demo-
cratic party. If the judgment of such prudent and practical men as Mr. English
had been followed, there would have been but one Democratic Presidential
ticket, and such a conservative Democratic platform as probably would have com-
manded success. And if it had l.eea successful, how different might have been
the history of this country ! But those who labored for harmony labored i n vain,
and Mr. English returned to Washington before the convention adjourned gi-eatly
discouraged at heart, but still hoping all would end well.

AGAINST SECESSION.

Then came the movement in the South in favor of dissolution. Mr. English
was for pacification, if possible, and favored every measure tending to that re-
sult. On the subject of secession he was as firm and bold in opposing the views
of his former political associates from the South as he had been in opposing the
admission of Kansas as a state under the Lecompton constitution. He denounced
it from the beginning, and made every effort to induce Southern members to
abandon it. In a speech in the House of Representatives, he plainly told the
South that "the great Democratic party, that has so long and so justly boasted of

LIFE OP WILLIAM H. ENGLISH. 45

its nationality, must not degenerate into a mere sectional party, or a party that
tolerates the sentiment of disunion; if it does, its days are numbered and its
mission ended."

Alluding to the folly of the South, threatening to break up the Union because
of the election of a sectional man to the President's chair, he told them that a
corporal's guard of Northern men would not go with them out of the Union for
such a cause, and that his constituents would only "march under the flag and
keep step to the music of the Union," Addressing the Southern members, ho
said :

" Looking at this matter from the particular standpoint you occupy, it is to be
feared you have not always properly appreciated the position of the Free-State
Democracy, or the perils which would environ them in the event of a resort to
the extreme measures to which I refer. Would you expect us in such an event
to go with you out of the Union? If so, let me tell you frankly, your expecta-
tions will never be realized. Collectively, as states, it would be impossible, and
as individuals, inadmissible; because it would involve innumerable sacrifices, and
a severance of those sacred ties which bind every man to his own immediate
country, and which, as patriots, we never would surrender. "

But his appeals were in vain. The crisis of the great American conflict was at
hand. It was now inevitable that the angry controversy would be transferred
from the halls of Congress to be decided by a bloody and relentless war; an event
he had hoped would never come, and zealously labored to avert.

RETIRES FROM CONGRESS WITH THE PLAUDITS OF HIS CONSTITUENTS.

He now determined at all hazards to retire from Congress and active political
life, having served continuously through four terms. That he retired with the
full and unqualified indorsement of his constituents, is shown by the fact that
the convention which nominated his successor adopted unanimously the follow-
ing resolution :

' * Resolved, That in selecting a candidate to represent this district in the Thirty-
seventh Congress, we deem it a proper occasion to expres > the respect and esteem
we entertain for our present member, Hon, W. H. English, and our confidence in
him as a public oflJcer. In his retirement, in accordance with his Avell-known
wishes, from the position of representative, which he has so long filled with credit
to himself and benefit to the country, we heartily greet him with the plaudit,
' Well done, thou good and faithful servant, ' "

Thus did he retire frorn active participation in political affairs, as an office-
holder, without ever having sustained a defeat before the people, in the full meri-
dian of success and with strong prospect of being advanced (had he made the
effort) to still higher political honors.

SPEAKS FOR THE UNION.

Mr, English was a firm and consistent supporter of the Union cause.

The following account of a speech made by him about the time of the com-
mencement of the war is taken from the Madison Courier, a paper not of Mr.
English's politics:

"Mr, English spoke for over an hour. He said that he was opposed to tlie
Republican doctrines, and should boldly assail Mr. Lincoln's policy whenever ho
thought it wrong, but as a native of Indiana, thoroughly identified with free
state interest?, he felt that his allegiance was exclusively due to the state of
Indiana and government of the United States, and he should accordingly abide
in good faith by their laws, and stand under the old time-honored flag.

46 I^IFE OF WILLIAM H. ENGLISH.

"He trusted that the bitter cup of civil war might be passed from our lips, and
he would exhaust every possible means of maintaining the peace ; but if nothing
will do but war, then we must all stand or fall together."

TRYING PERIOD OP HIS LIFE.

This was an eventful and trying period in his life. He had abandoned the field
of politics and declined employment as an officer in the army. He had grovn
rusty in the law. After many years of intense activity, and at his age, he could
not be satisfied to sit down in his little native village and do nothing. He tried
it, but before the end of a year worried himself on account of his inactivity into
a long spell of sickness, and gave up the "retired and quiet life" idea in
despair.

MR. ENGLISH AS A BANKER.

He always had an aptitude for finance, and was encouraged to go into banking
by his friends Hugh McCullough (then about entering upon the duties of Con-
troller of the Currency) and the great bankers, J. F. D. Lanier, of New York,
and George W. Riggs, of Washington City. The two latter became stockholders
with him in the First National Bank of Indianapolis, which was founded by Mr,
English in the spring of 1863. Of course, this required Mr. English to move to
Indianapolis, where he has since resided. This bank was among the first organ-
ized in the United States under the national system, and the very first to get out
its circulation.

In this, as in all other undertakings, Mr. English steadily persevered until he
achieved a splendid success. He was soon recognized as a first-class business man,
and gradually grew in favor with his colleagues and the public until he was the
president of the Indianapolis Clearing-house Association and president of the
Indiana Banking Association — the recognized head of the profession in his city
and state.

The bank of which he was so long president commenced with a capital of
$150,000, but he had the sagacity to secure as stockholders such men as J. F. D.
Lanier, George W. Riggs, Gov. O. P. Morton, Gov. T. A. Hendricks, Hon. Frank-
lin Landers and Hon. J. A. Cravens, and other gentlemen of the very highest
financial and political standing, and under his admirable management very large
dividends were paid to stockholders, and the capital increased to a million dol-
lars, with several hundred thousand dollars surplus. For over fourteen years
Mr. English presided over the bank with remarkable ability and unquestioned
fidelity, until it was recognized as the first financial institution in the state, and
among the first in the United States.

RESIGNS THE PRESIDENCY OF THE BANK AND RETIRES FROM ACTIVE BUSINESS.

In the meantime, Mr. English had acquired the controlling interest in the various
street-railway lines of the city, and was largely interested in real estate and other
business enterprises, which so severely taxed his energies that his health became
somewhat impaired, and as his wife had long been in such feeble health as to
make removal for a time to a warmer climate desirable, he determined to retire
from active business. Accordingly, on the 25th of July, 1877, he resigned the
presidency of the bank.

The stockholders and directors accepted this resignation with deep regret, and
in doing so, unanimously adopted the following resolution :

Besolved, That the directors and stockholders of this bank sincerely regret the
causes which impel the resignation of the Hon. Wm. H. English, so long presi-
dent of this institution, and that in accepting the same they desire to express

LIFE OF WILLIAM H. ENGLISH.* 47

their thanks to him for the very great financial ability, constant watchfulness
and perfect fidelity with which he has managed it from its organization to the
present time.

Resolved, That the Executive Committee of the Board be directed to have pre-
pared and present to him a suitable testimonial as a memento of our personal re-
gard and esteem, and that he carry with him our most sincere wishes for a long
life of usefulness and happmess."

Soon after retiring from the bank Mr. English sold out all his stock in the
street railway and other companies, and now does not own a dollar of stock in
any corporation whatever— which is very remarkable for a man of his large
wealth.

POSITION ON FINANCIAL QUESTIONS.

The clear-headed comprehension of the situation during the great financial
panic of 1873, and his cool and judicious management upon that trying occasion,,
did very much to prevent disaster to the Indianapolis banks, and to elevate him
in public estimation as a good leader in great emergencies. One of the leading
newspapers (J%e P(S<?pfe), referring to this, said: "His conduct throughout the
panic proved that his heart was in the right place — that the best interests of the
city were in his thoughts — that he had the nerve and the will to sink self and
proffer aid to those needing it."

Mr. English has always been the bold and fearless advocate of honest money
and sound and conservative financial principles. Upon this important question
his record is faultless, and so uniformly consistent that his position is never
questioned. In a late interview he said: "For myself, I want our money to
rank with the same standard recognized by all the great commercial nations of
the world. I want no depreciated or unredeemable paper forced upon our
people. I want the laboring man when pay-day comes to be paid in real dollars
that will purchase just as much of the necessaries of life as the dollars paid to
the bondholders or officeholders, and with as great purchasing power as the best
money in the best markets of the world. Honesty, in my judgment, is the best
policy in finance and politics, as well as in morals generally, and if politicians
would take half as much trouble to instruct and enlighten the masses that they do
to take advantage of their supposed prejudices it would be far better."

Of this bold and patriotic declaration ol Mr. English the Boston Post no doubt
echoed the general sentiment when it said. " If we could have the ear of every
Democrat in the country we should be glad to know if anything better than
this has been uttered, and who can honestly dissent from it ?"

On the evening of October 25, 1873, a large meeting of the members of the
Board of Trade and business men of Indianapolis took place, which the papers ot
the next morning designated as ''the most noted assemblage of the sort held in
the city for years." There was much excitement, and strong and general feeling
that a further inflation of the currency was the best remedy for existing and
threatened financial evils. Almost solitary and alone Mr. English combatted the
correctness of this position, and in a forcible speech did much to change the cur-
rent of thought upon the subject.

NO OFFICE-SEEKER, BUT HIS INTEREST IN POLITICS CONTINUES.

It should not be understood that because Mr. English retired from Congress m
1860, and declined longer to hold office, that he ceased to take an interest in pub-
lic affairs. He was a delegate to the state convention in 1861, and in 1863 he
was again spoken of for Congress, but declined the use of his name in a published

48 JA¥K OF WILLIAM H. ENGLISH.

letter, in wliicli lie advised his old Democratic constituents to keep up their organ'
ization and stand by tlie Constitution and the Union. He said :

*'It is perhaps superfluous for me to add that, as a private citizen, ueithei*
seeking nor desiring office, I shall exert whatever influence I possess to maintain
the Constitution and the Union, and speedily suppress the rebellion. We must
not allow ourselves to be driven from correct principles by any amount of mis-
representation or even persecution.

"I would say, let us stand together under the old flag and in the old organiza-
tion, lighting SGcessionism to the bitter end, assailing the administration wherc^
ever we conscientiously believe it to be in error, but upholding the Constitution
and laws, and never losing sight of that great historical fact, which can never be
overcome by misrepresentation and abuse, and that is, that under the rule of the
Democracy the country grew to be one of the greatest nations of the earth, and as
long as they had power the people of the states were prosperous and happy."

MICHAEL C. KERIl AND HESOLUTIONS IN FAVOR OF MCCLELLAN AND THE UNION.

In 1864 he was a delegate to the congressional convention which nominated that
sterling patriot, Michael C. Kerr, to Congress, and who died Avhile Speaker of the
House. ]Mr. Kerr and Mr. English were life-long friends, and Mr. Kerr said often
that he ovrcd his scat in Congress to Mr. English.

Mr. English was an advocate of Gen. McClellan for President, and introduced
the resolution in the convention of the Second Congressional district declaring for
McClellan as first choice. Also a resolution declaring, ''that we are now, as we
ever have been, unqualifiedly in favor of the union of the States, under the Con-
stitution, and stand ready, as we have ever stood heretofore, to do everything that
loyal and true citizens should do to maintain that Union under the Constitution,
and to hand it down to our children unimpaired as we received it from our fathers."

BUSINESS INCREASES — SEYMOUR AND TILDEN.

Mr. English's business continued to increase until it reached such immense pro-
portions that it absorbed all his time, and he could give but little attention to po-
litical affairs ; but he was a firm friend and supporter of Gov. Seymour and Gov.
Tilden, and presided at the meeting held at the capital of the state, ratifying the
nomination of Tilden and Hendricks, Upon that occasion he said :

* It is known to you, fellow-citizens, that I have not of late years been an active
participant in political affairs. Preferring the quiet pursuits of private life and
intending not to be drawn into the turmoils of active politics, I nevertheless am
not an indifferent spectator in this contest, and certainly do not forget the past. I
do not forget that I v/as born a Democrat ; was long an earnest, hard-working
member of the party, always a firm believer in its great cardinal principles, and
frequently a recipient of its favor at a time when such favors v/ere to me of ines-
timable value. With such antecedents, and a heart which I know is not incapable
of gratitude, I could not be indifferent to the fate of this grand old party, and
although m bad health and shrinking from appearing as a participant in a pub-
lic political meeting, I could not forego the pressing call that v/as made upon me
to preside upon this occasion, because I sincerely believe that the time has arrived
when the welfare of the people demands thorough reform in the affairs of the
general government, and that such refonn can now only be certainly and effect-
ively secured by the election of Tilden and Hendricks."

RESIDENCE, MARRIAGE AND CHILDREN.

Mr. Englisli lias a residence in Indianapolis, fronting upon a beautiful circular
park known as the " Governor's Circle," sa called because originally designed as
the site for the residence cf the governor of the rtate.

LIFE OF AVILLIAM II. FXGLISH. 49

He "^as married to Miss Emma Mardulia Jackson, of Virginia, on the 17th day
of November, 1847, in the city of Baltimore, Md., the Rev. Henry Slicer, chap^
lain of the United States Senate, performing the ceremony, and no union could
liave been more felicitous and happy than this was during its long continuance.
This estimable lady died at Indianapolis, November 14, 1876, universally loved and
respected by all who knew her.

Two children were the issue of this marriage, a son and a daughter. The son
is the Hon. W. E. English, a young man of line promise, now a member of the
Indiana House of Representatives, being the third of the family in lineal descent
who has occupied that position — father, son and grandson. The daughter, Rosa-
lind, is the wife of Dr. Willoughby Walling, an eminent physician of Louisville,
Ky., and is the mother of two fine boy babies, William English Walling and Wil-
loughby George Walling.

AFTER RETIRING FROM ACTIVE BUSINESS IN 1877.

The foregoing incidents of an exceptionally active and successful life bring its
liistory down to the year 1877, when Mr. English, crowned with success in every
undertaking, with a political and business record without a blemish, and at the
Tery meridian of his powers, sought the retirement of private life to enjoy in
quiet society the well-earned trophies of former years. But in this retirement
Mr. English was not unmindful of his country nor neglectful of the interests of
the Democratic party, whose principles he had espoused in his youth, and whose
standard-bearer he had been in many a hotly-contested conflict. Always a close
observer of passing events, he continued to manifest his deep solicitude for the
success of the Democratic party, and with his ripe experience was ever ready to
aid it by his counsel.

STANDING BEFORE THE PUBLIC.

His splendid triumph in every enterprise with which he had been identified for
ji quarter of a century made his name a synonym of success. His services in the
Indiana legislature, the national fame he had acquired in Congress and the su-
perior abilities he had displayed as a financier, and his fidelity to every trust, all
combined to give him a prominence which was continually attracting the attention,
not only of his fellow-citizens of his native state, but of the most distinguished
men of the country ; and to these circumstances alone must be credited his pres-
ent enviable position before the American people and the unsolicited association
of his name with high official trusts. It should be understood that Mr. English
^eeks retirement. He has voluntarily surrendered advanced positions in public
life for the enjoyments to be garnered only in the walls of a private citizen. The
distinction and emoluments of the office had lost their attractions, and having
earned honor and wealth, he was willing to surrender his place in the shining
pathway of fame to others, content to see them crowned, as he had been, with the
approbation of their countrymen. But Mr. English could not control the logic
of circumstances. As a result, and independent of his volition, there is, at this time,
what seems to be a very general wish to call him from retirement and proani-
nently identify him with passing political events.

SOME TRAITS OF CHARACTER.

Mr. English is logical rather than ornate. His mind is a crucible in which
error is eliminated from truth, and the tests of his analysis being satisfactory, he
is proof against sophisms or the blandishments of flattery. AYith a mind trained
from early manhood in a school of logic which dignified facts, the brilliancy of
fiction never beguiles him from the luminous pathway mapped out by reason ; and

4

50 LIFE OP WILLIAM H. ENGLISH.

hence, as a result, his public and private life is singularly free from the mistakes
that have embarrassed other public men, and his past good fortune in this regard
points to him with special distinctness as eminently qualified for public trusts,
no matter what the gravity of their responsibilities may be. At school, a student
of law, an attorney, principal clerk of the Indiana legislature, secretary of the
constitutional convention, member of the legislature and Speaker of the House,
member of Congress, banker and private citizen, at all times clear, concise and
self -poised, William H. English has demonstrated, as few men have done, capaci-
ties of the first order, and which command universal respect. In such a life, so
varied in its responsibilities, developing always and continually in the same di-
rection, of pure character, high resolves and noble ambitions, there must be of
necessity certain forces and factors ^of Integrity of purpose, and of fidelity to the
public walfare, as are certain to attract public attention and demand an enlarge-
ment of their domain and usefulness.

AS A FINANCIER AND STATESMAN.

It touches every interest and commands universal consideration. Where is the
man whose views will best harmonize the East and the West, the North and the
South, upon this question ? This much may be said of Mr. English, that his
financial experience, his comprehension of financial theories and results, his pro-
nounced conservatism, and his acknowledged ability as a financier, designate him
as the peer of the most advanced student of finance in all of its varied applications
to the demands of the country. To the South always just ; to the North an in-
flexible friend, comprehending the wants and interests of the East, with an ex-
tended knowledge of the West and its expanding and enfolding growth and
resources — Mr. English includes in his thought and experience all the essentials
of an admistration of affairs in which the harmonies of interests and the logic of
development are most admirably blended. The logic of events points to him as
a distinguished native Indianian, who, should circumstances create an inevitable
necessity, would exhibit to the country those exalted traits of character which in
these times are sought for with profound solicitude.

AS A MAN OP ACTION AND BUSINESS.

Mr. English is a man of action rather than of words. His efforts as a debater
are more remarkable for practical common sense than for brilliancy of oratory or
the flowers of rhetoric ; his mind, strictly practical in all its scope and bearings,
is eminently utilitarian. Energy of character, firmness of purpose and an un-
swerving integrity are his chief characteristics. In personal intercourse he is in-
clined to be retiring and reserved, which might be attributed to haughtiness or
pride by a stranger, but to an acquaintance or friend he is open, candid and
affable. In the private and social relations of life he stands ' ' without blemish
and above reproach. "

As a business man he has most valuable qualities. Without being too cautious,
he is prudent and conservative. He looks scarchingly and comprehensively into
the nature and probable results oi all schemes, and when he once puts his shoulder
to the wheel it is with a strength that carries all before it. He is not demonstra-
tive in anything that he does, but there is a quiet, determined and unceasing appli-
cation of his whole resources of mind and energy to the end in view.

51

THE RECORD

OP

JAMES A. QAEFIELD

The Credit Mobilier Fraud. The District of Columbia Ring and the De Golyer
Bribe. The Sanborn Frauds. The Back Pay Grab and the Salary Steal. The
Indian Ring — Garfield's Services in its Behalf. Encouraging and Defending
Petit Larceny. Garfield the Champion of O. O. Howard. The Black
Friday Scandal — Garfield's Effort to Suppress the Truth. Garfield the
Friend of Robeson. Garfield Champions Geo. F. Seward. The
Electoral Commission. Three Monstrous Grievances. The
Pacific Steal. The Moth Swindle. Garfield and the Labor-
ing Men. Some of Garfield's Votes. Garfield and
General Shields. Garfield against Free Salt. The
Judgment of his Republican Constituents. Gar-'
field and the National Bouquet Shop. Garfield
against the Shipbuilders of New England.
Garfield and Chinese Immigration.
Garfield's Insult to the Mexican Vet-
erans. Garfield and Profligate
Expenditures. Garfield on tax-
ing Printing Paper. Garfield
against the Distillers of
his Own State.

A PYRAMID OIB CORRUPTION! A MONUMENT Ot FRAUD!

THE liECORD OF JAMES A. GAKFIELD. 6^

THE RECORD OF JAMES A. GARFIELD.

James A. Garfield entered the Union Army in 1861, as Colonel of the Forty-
second Ohio Volunteers. He was promoted to the rank of brigadier-gene raU
January 10, 1862, and was brevetted a major-general, September 20, 1863, after-
he had been elected a member of the Thirty-eighth Congress from the 19th Dis-
trict of Ohio. He was sworn in on the 7th of December, 1863. His active Con-
gressional life began at that time with the first session of the Thirty-eighth Con-
gress. He has served continuously since, and his ninth term will expire March
4, 1881 . General Garfield has more than average ability. Like many other of our
public men he has risen from the humblest walks of life, but more than one-half
of his life has been spent in the public service. His opportunities for improve-
ment have been exceptionably good. He is an industrious and methodical student.
After completing his collegiate course he became a minister of the gospel, and
the early years of his manhood were devoted to that high and honorable calling.
Earnest conviction, decision of character and stern morality are the characteris-
tics which we would naturally expect to see illustrated by his public career. Has
this been the case ? Let his record answer. He began his Congressional career
at an era when profligacy and corruption were rampant in the public service.
At the very outset he had the opportunity to enroll himself as an honest and
fearless champion of public economy in his own party. The Act of 1864, known
as the amendment to the Charter of the Pacific Railroad, was passed by the
Thirty eighth Congress. It was opposed at every step of its progress in the House
of Representatives by Mr. Elihu B. Washburnc, of Illinois. Its true cliaracter was
demonstrated by him. The record shows that General Garfield supported the
iniquitous measure. At a later period when these monster corporations demanded
additional legislation, General Garfield, with a full knowledge of the flagrant
corruption by which they had succeeded in and out of Congress, was always
their zealous and influential champion.

HE DOES NOT DESERVE WELL OF HIS COUNTRY ?

Always serving on the important committees, no man in public life, during the
last quarter of a century, has had better opportunities to serve the cause of good
government than General Garfield. No one has more signally failed. Can any one
point to a single instance during his eighteen years service in Congress where he
has appeared as the champion of retrenchment and reform ? We assert that he has'
been the supporter of every job, the defender of every steal, which by hook or by
crook got through Congress from 1863 to 1875, and challenge his defenders to
prove the contrary by his record !

The inconsistencies of General Garfield's public life show that he is utterly with-
out conviction. He is one of the few Americans who was enrolled as a member
of the Cobden Free Trade Club, of London, England. In private life he has
been the friend and associate of David A. Wells, Horace White and other dis-
tinguished free traders. As a political economist he has never hesitated to say^

54 THE RECORD OF JAMES A. GARFIELD.

that he believed in revenue reform, and yet, in his letter of acceptance of July 12,
1880, he says :

" In reference to our customs laws a policj' should be pursued which will bring revenues to the
"Treasur}% and will enable the labor and capital employed in our great industries to compete
*' fairly in our own markets with the labor and capital of foreign producers. We legislate for the
*' people of the United States, not for the whole world."

"A CIVIL SERVICE REFORMER IN 1877."

General Garfield has again and again declared that he was in favor of civil

service reform. Upon more than one occasion he has posed in Congress, and out

of it, as a civil service reformer. In an article published in the Atlantic Montlily

for July, 1877, entitled, "J. Century of Congress,'' he discussed the question of

appointment to office as follows :

To sum np in a word : the present system invades the independence of the executive, and
makes him less responsible for the character of his appointments; it impairs the efficiency of the
legislator by diverting him from his proper sphere of duty, and involving him in the intrigues of
aspirants for office; it degrades the civil service itself by destroying the personal independence
of those who are appointed; it repels from the service those high and manly qualities which are so
necessary to a pnre and efficient administration ; and, finally, it debauches the public mind by
holding up public office as the reward of mere party zeal. To reform this service is one of the
highest and most imperative duties of statesmanship. This reform cannot be accomplished with-
out a complete divorce between Congress and the executive in the matter of appointments. It will
be a prouu day when an administration Senator or Representative, who is in good standing in his
party, can say as Thomas Hughes said, during his recent visit to this country, that though he was
on the most intimate terms with the members of his own administration, yot it was not inliis power
to secure the removal of the humblest clerk in the civil service of his government. (See page 61,
vol. xl., Atlantic Monthly.)

A MACHINE POLITICIAN IN 1880.

In his letter of acceptance Gen. Garfield goes square back on himself and all
the pretensions of his party in regard to civil service reform, as follows:

To select wisely from our vast population those who are best fitted for the many offices to be
filled requires an acquaintance far beyond the range of any one man, The executive should,
therefore, seek and receive the information and assistance of those whose knowledge of the
communities in which the duties are to be performed best qualifies them to aid in making the
"wisest choice.

The Record of Gen. Garfield is voluminous. To properly present it for the candid
judgment of the people of the United States involves the history of all the princi-
pal scandals which have vexed the public mind for many years, and brought our
character and institutions into reproach the world over. This disgraceful record
would have rendered Gen. Garfield's nomination, even by the Republican party,
for the Presidency impossible, had such a misfortune been supposed possible.
His nomination was an accident. Every argument used by so-called reform Re-
publicans against Blaine, applies with even more force to Garfield.

We have arranged his record in the following order :
I. The Credit Mobilier Fraud.
II. The District of Columbia Ring and the De Golyer Bribe.

III. The Sanborn Frauds.

IV. The Back Pay Grab and the Salary Steal.

V. The Indian Ring— Garfield's Services in its Behalf.
VI. Encouraging and Defending Petit Larceny.
VII. Garfield the Champion of O. O, Howard.

VIII. The Black Friday Scandal— Garfield's Effort to Suppress the Truth.
IX. Garfield the Friend of Robeson.
X. Garfield Champions Geo. F. Seward.
XI. The Electoral Commission.
XII. Three Monstrous Grievances.

XIII. The Pacific Mail Steal.

XIV. The Moth Swindle.

XV. Garfield and the Laboring Men.
XVI. Some of Garfield's Votes.
XVII. Garfield and Gen. Shields.
XVIII. Garfield against Free Salt.
XIX. The Judgment of his Republican Constituents.

THE CREDIT MOBILIER FRAUD. 55

THE CREDIT MOBILIER FRAUD.

In our exposition of General Garfield's connection with the Credit Mobilier, the

monster fraud of the nineteenth century, we desire to do him no injustice. The

following is his defence in his own language, furnished by him for a campaign

biography, written by Colonel Russell H. Conwell, of Massachusetts :

In reference to myself, the lollowing points are clearly established by the evidence :
1. That I neither purchased nor agreed to purchase the Credit Mobilier stock which Mr, Ames
offered to sell me. nor did I receive any dividend arising from it. This appears from my own testi-
mony, and from the first testimony given by Mr. Ames, which is not overthrown by his subsequent
statements ; and it is strongly confirmed by the fact that, in the case of each of those who did.
purchase the stock there was produced as evidence of the sale either a certificate of stock, receipt
of payment, a check drawn on the name of payee, or entries in Mr. Ames' diary of a stock account
marked, adjusted and closed, but that no one of these evidences exist in reference to me. This
position is further confirmed by the subsequent testimony of Mr. Ames, who, although he claims
that I did receive $329 from him on account of the stock, yet repeatedly testifies that, beyond
that amount, I never received or demanded any dividend ; that he did not offer me any, nor was
the subject alluded to in conversation between us.

Mr. Ames admits, on page 40 of the testimony, thfit after December, 1867, the various stock and
bond dividends on the stock he had sold amounted to an aggregate of more than ei^ht hundred
percent, and that between January, 1868, and May, 1871, all these dividends were paid to several
of those who purchased the stock. My conduct was wholly inconsistent with the supposition of
such ownership, for during the year 1869 I was borrowing money to build a house in Washington,
and was securing my creditors by giving mortgaoes on my property ; and all this time it is admit-
ted that I received no dividends and claimed none. The attempt to prove a sale of the stock to me
is wholly inconclusive, for it rests, first, on a check payable to Mr. Ames himself, concerning
which he several times says he does not know to whom it was paid ; and, second, upon loose un-
dated entries in his diary which neither prove a sale of stock nor any payment on account of it.
The only fact from which it is possible for Mr. Ames to have inferred an agreement to buy the
stock was the loan to me of $300. But that loan was made months before the check of June 22,
1868, and was repaid in the winter of 1869; and after that date there were no transactions of any
sort between us. And, finally, before the investigation was ended, Mr. Ames admitted that, oa
the chief point of difference between us, he might be mistaken.

The initial exposure of the Credit Mobilier was made by the New York Sun,
September 12, 1873, when the testimony of Henry S. McComb and the letters of
Oakes Ames were first printed. General Garfield's first statement of his connec-
tion with the swindle was made from his dictation by the Washington corres-
pondent of the Cincinnati Gazette and will be found in that paper of September
16, 1872, as follows :

GENERAL GARFIELD' S STATEMENT IN 1872.
Greneral Garfield, who has just arrived here from the Indian country, has to-day bad the first
opportunity of seeing the charges connecting his name with receiving shares of the Credit Mobilier
from Oakes Ames. He authorizes the statement that he never subscribed for a single share of that
stock, and that he never received or saw a share of it. When the company was first formed, George
Francis Train, then active in it, came to Washington and exhibited a list of suoscribers of leading
capita ists and some members of Congress to the stock of the company. The subscription was
described as a popular one of one thousand dollars cash. Train urged the General to subscribe on.
two occasions and each time he declined. Subsequently he was again informed that the list was
nearly completed, but that a chance remained for him to subscribe, when he again declined, and to
this day he has not subscribed or received any share of stock or bond of the company. It is well
known here tliat under the Durant regime it was claimed by Durant and George Francis Train
that some six hundred thousand dollars of the company's money was used in Washington ; but
when the company attempted to obtain the vouchers and names of the parties to whom payments
had been made, it was impossible to obtain anything but vague and unsatisfactory statements.
The list which the liberal papers are now circulating bear a very close resemblance to many others
originating with George Francis Train.

WHAT THE CINCINNATI GAZETTE SAID LATER.

After Oakes Ames produced his famous memorandum, book before the Poland
Committee, and the whole truth about General Garfield's connection with the
Credit Mobilier fraud was made plain, Gen. Boynton telegraphed to the Cincin-
nati Gazette as follows:

From the Cincinnati Gazette, Jan. 23, 1873.

Ames' testimony to-day, fortified as it was by transcripts from his books, has created more sen-
sation than any incident of a congressional investigation for many years. It left Mr. Colfax in the
same p osition as Senator Patterson, except that there was no final settlement.

56 THE CKEDIT MOBILIER FRAUD.

Both Garfield and Kelley took ten shares and Ames carried them and let the dividends pay
lor the investment. Both received the first dividends in bonds, which Ames sold and applied on
their purchase, and both received the balance due from the second cash dividend, $389, in stock
from the Sergeant-at-Arms.

He never liad any talk with either about the transaction being one of borrowed money, until
«ince the investigation began. Garfield called on him to consider that it was borrowed.

The Gazette, commenting editorially on Ames' testimony, said :

After a full belief, founded npon such information as could be obtained here, that the denials
<Garfleld and others), were all true in the unqualified sense in which the public received them, it was
very far from pleasant to know that the committee of investigation had scarcely touched the mat-
ter in hand before the whole fabric of denial fell, and every one whose name appeared on the
Oakes Antes'^ list, was found to be a greater or less degree involved."

The New York Trilnme, commenting on the above, said: " This is the opinion of more than half
the commvnity.''

GEN. Garfield's sworn statement.

On January 14, 1873, Gen. Garfield testified as follows {See Poland Report,

Credit Mobilier, pages 128-9) :

The first I ever heard of the Credit Mobilier was some time in 1866 or 1867—1 cannot fix the
•date — when George Francis Train called on me and said he was organizing a company to be known
as the Credit Mobilier of America ; to be formed on the model of the Credit Mobilier of France ;
that the object of the company was to purchase lands and build houses along the line of the Pacific
Railroad at points where cities and villages were likely to spring np ; that he had no doubt money
thus Invested would double or treble itself each year; that subscriptions were limited to $1,000
•each, and he wished me to subscribe. He showed me a long list of subscribers, among them Mr.
Oakes Ames, to whom he referred me for further information concerning the enterprise. I an-
swered that I had not the money to spare, and if I had I would not subscribe without knowing
more about the proposed organization. Mr. Train left me, saying he would hold a place open for
me, and hoped I would yet conclude to subscribe. The same day 1 asked Mr. Ames what he
thought of the enterprise. He expressed the opinion that the investment would be safe and profit-
able.

I heard nothing further on the subject for a year or more, and it was almost forgotten, when
some time, i should say, during the long session of 1868, Mr. Ames spoke of it again ; said the
•company had organized, was doing well, and he thought would soon pay large dividends. He said
that some of the stock had been left or was to be left in his hands to sell, and I could take the
amount which Mr. Train had offered me, by paying the $1,000, and the accrued interest. He said
if I was not able to pay for it then, he would hold it for me till I could pay, or until some of the
dividends were payable. I told him I would consider the matter ; but would not agree to take any
stock until I knew, from an examination of the charter and the conditions of the subscription, the
■extent to which I should become pecuniarily liable. He said he was not sure, but thought a stock-
holder would be liable only for the par value of his stock ; that he had not the stock and papers
with him, but would liave them after a while.

From the case, as presented, I probably should have taken the stock if I had been satisfied
in regard to the extent of pecuniary liability. Thus the matter rested for some time, I think until
the following year. During that interval I understood that there were dividends due amounting
to nearly three times the par value of the stock. But in the meantime I had heard that the com-
pany was involved in some controvert with the Pacific Railroad, and that Mr. Ames's right to
gell the stock was denied. When I next saw Mr. Ames I told him 1 had concluded not to
take the stock. There the matter ended, so far as I was concerned, and I had no further knowl-
edge of the company's operations until the subject began to be discussed in the newspapers
last fall.

Nothing was ever said to me by Mr. Train or Mr. Ames to indicate or imply that the Credit
Mobilier was or could be in any way connected with the legislation of Congress for the Pacific
Railroad or for any other purpose. Mr. Ames never gave, nor offered to give, me any stock or
other valuable thing as a gift. I once asked and obtained from him, and afterward repaid to him,
a loan of $300 ; that amount is the only valuable thing 1 ever received from or delivered to him.

I never owned, received, or agreed to receive any stock of the Credit Mobilier or of the Union
Pacific Railroad, nor any dividend or profits arising from either of them.

OAKES AMES DESIRED TO SCREEN GARFIELD.

Oakes Ames' first impressions of the Credit Mobilier were remarkably similar
to those of Gen. Garfield. Gen. Garfield, in his sworn statements, says that he
obtained his first information, in 1866 and 1807, from George Francis Train.
.Oakes Ames testified as follows {seepage 38, Poland Report, Credit Mobilier):

Q. Can you tell us when the Credit Mobilier was chartered by the Pennsylvania Legislature ?
. A. No, sir, I cannot. I had nothing to do with the Credit Mobilier until 186,5, I think.

Q. It was prior to 1865, then ? A. My impression is that it was an old charter that George
Francis Train had control of. Mr. Durant bought it of him. Mr. Durant was one of the first
stockholders of the Union Pacific Railroad.

Q,. When did this corporation, known as the Credit Mobilier, become interested in the con-
etruction of the Union Pacific Railroad ? A. I think i r, had something to do with some of the early
contracts which are set forth in this paper printed here. There was the Hoxie contract, which, if
I am not mistaken, was run by the Credit Mobilier. It was used in this way, in some shape, for a
year or two before I had anything to do with it. I think the first contract for the Credit Mobilier
was the Hoxie contract, and the dates of it, as given here, were August 8, 1864; May 12, 1864: and
October 1, 1864.

THK CREDIT MOBILIEK FRAUD. 57

When Mr. Oakes Ames first testified before the Poland Committee he was.
desirous of shielding all the members of Congress to whom he had given Credit.
Mobilier stock. It will be remembered that the committee first sat with closed
doors; that its proceedings were secret; that after Ames had testified each one
of the implicated Congressmen came before the committee and made their
written statements. It is a fact generally known, often stated and never denied,,
that after the committee to investigate had been raised all of the implicated
Congressmen met with Mr. Ames in the Committee-room on Pacific Railroads of
the House, and there agreed among themselves : First, as to what Ames was to
testify to; and, Second, how each one implicated by him was to answer before
the committee. In pursuance of this agreement Oakes Ames, December 18,
1872, appeared before the committee, when Mr. McMurtric, his counsel, read a.
paper which he had prepared. It was a general statement of Mr. Ames' connec-
tion with the Credit Mobilier. In this paper he speaks of the transactions he had
with the various members of Congress. To show how anxious he was to screen
them we quote what he said of Mr. Colfax {see page 20, Poland Report, Credit
Mobilier) :

Mr. Colfax is one mentioned. I cannet remember which of us first mentioned the subject, but I
know he wanted to get some stock. I am pretty confident he has paid me for it, though it was
never transferred to him, nor can I remember having paid over to him any dividends. At the.
next session he said something about that thing being off.

He dismissed Gen. Garfield as follows:

I agreed to get ten shares of stock for him, and hold it until he could pay for it. He never
did pay for it or receive it.

When examined by the Chairman of the Committee in regard to Gen. Gai'field,.
Mr. Ames testified as follows (see page 28, ibid) :

BUT AMES SWORE HE HAD THE STOCK.

Q.— In reference to Mr. Garfield you say that you agreed to get ten shares for him, and so hold
them until he could pay for them, and that he never did pay for them, nor receive them ? A.
Yes, sir.

Q. He never paid any money on that stock, nor receive any money from it ? A. Not on ac-
count of it.

Q. He received no dividend ? A. No, sir, I think not. He says he did not. My own recollec-
tion is not very clear.

Q. So that, as you understand, Mr. Garfield never parted with any money nor received any
money on that transaction ? A. No, sir. He had some money from me once— some three or four
hundred dollars— and called it a loan. He says ihat is all he ever received from me, and that he
considered it a loan. He never took his stock, and never paid for it.

O. Did you understand it so ? A. Yes; I am willing to so understand it. I don't recollect pay-
ing him any dividend, and have forgotten that I paid him any money. (See page 3it, Ifnd.)

* * * -sfr * *

^. Did you solicit all these members of Congress to take stock ? A No; I think most of them
solicited me.

Q. Was not stock promised to any members of Congress prior to the summer or fall of 1867, by
you, or to your knowledge ? A. Some members of Congress owned it before this, and I think
some members of Congress had spoken to me about it. I told them I would try to^get some, but
we had none to give them until the stock held by Mr. Durant, not being paid for, w'as transferred
to the company. I had sold some of my own stock to parties.

Q. When was the act passed which subordinated the Government loan to that of the Union
Pacific Railroad Company ? A. In 1864.

Q. Did any members of Congress hold any of this stock prior to that time ? A. I think not.
I do not know of any. I had nothing to do with it until long after that time.

THEY DID NOT WANT IT WHEN IT WAS DANGEROUS.

Q,. When you received money from these gentlemen for stock was it assigned to tliem, or did
it still remain in your name ? A. It still remained in my name ; most of it.

Q. Why was it not assigned ? A. I don't know of any reason, except that when a man buys
stock and keeps it there is no use of transferring it ; when the suit of Mr. McComb was brought,
they did not, any one of them, want to own the stock.

Q. Who received the dividends ? A. Mr. Patterson. Mr. Bingham, James F. Wilson did, and
I think Mr. Colfax received a part of them. 1 do not know whether he received them all or not.
I think Mr. S6ofield received a part of them. Messrs, Kelley and Garfield never paid for their
stock, and never received their dividends (see page 41, ibid).

* * * * * *

Q, Had not a Congressional investigation into the affairs of the Union Pacific Railroad Com-

58 THE CREDIT MOBILIER EKAUD.

panyand the Credit Mobilier, one or both of them, been threatened prior to Jannary 30, 1868?
A. I do not know whether there had or not. It used to be talked about sometimes up there in New
York. I do not know that I ever heard anything of it here.

Q,. Was there or not an investigation by Congress referred to in your letter to Mr. McComb of
January 30, 1868, in which you say, " I do not fear any investigation here." A. Yes, probably ; I
had nothing to fear from an investigation.

Q,. Then a Congressional investigation had been suggested prior to that time? A. Up there in
New York ; not here, that I know of.

Q,. You say in the same letter that, in view of King's letter and Washburn's move, you go in
for making the bond dividend in full. What did you refer to by " Washburn's move " here ? A.
Washburn made an attack upon the Union Pacitic Railroad, that we were charging too much fare ;
that our lands were enormously valuable, worth five to ten dollars an acre for the alkali regiuns
on the plains ; that they were not going to build the road so as to be good for anything ; that the
object was to get the Government bonds, and then abandon the road to the Government.

Q. Had Washburn said anything about an investigation ? A. I do not recollect th it he had.
He wanted to fix a rate of fare by Taw, beyond which we could not charge. He wanted us to be
restricted to a certain amount. That was one of the things he claimed. 1 do not remember fully
all he did claim.

Q. In your letter to Mr. McComb of Jannary 25, 1868, you say you think that the dividends hav-
ing been paid you ought to make the Credit Mobilier capital four millions, and distribute the new
stock where it will protect you, &c. What do you mean by havin;^ stock placed where it Avill pro-
tect you ? A. Placed with men of character, property and standing. I wanted that such men
should own it and have interest with us (see pages 46 and 47, ibid).

* * **# »

THE TALK IN THE SENATE IN 1869.

Q. Are you not aware that in 1869 there was a discussion on this subject in the Senate, and that
opinions were expressed inconsistent with those you now express ? A. I do not know. There
have been all kinds of opinions expressed, in the Senate and House both, on all subjects.

Q. Were j'ounot present in a debate in the Senate in April, 1869, in which Mr. Stewart, of Ne-
vada, and many other persons participated, in which they thought the whole transaction a gross
and stupendous fraud ? A. I think it very likely that such things were said in the Senate in 1869,
and I do not know but Mr. Stewart may have said them.

Q. Were you not present when that discussion occurred ? A. I do not know. I heard debates
probably about that time in the Senate. That was about the time, if I remember right, when we
were trying to fix the terminal point of the two roads, and I think it was in relation to that.

Q. Was it rot in regard to the other matter on which you stated that legislation was asked,
namelj', the removal of tlie place of business from New York to Boston ? A. I cannot tell you.

Q. And you do not recollect that you were present at the debate referred to ? A. I have been
present when debates in the Senate have occurred on questions of that kind.

Q. You do not recollect a d bate on this subject in which Mr. Stewart participated ? A. I re-
member something of such a debate. I cannot recollect what Mr. Stewart said.

JOHN B. ALLEY CORROBORATES AMES.

John B. Alley, then a member of Congress from Massachusetts, a stockholder
in the Union Pacific Railroad and Credit Mobilier, in his testimony before the
Poland Committee, explained how the suit of Henry S. McComb, which re-
sulted in the exposure of the Credit Mobilier fraud, came to 'be brought (see
pages 91 and 92).

His counsel. Judge Black, called upon me, and had several conversations upon the subject, in
which he urged with great force the necessity of Mr. Ames compromising this suit, and said that
I, as the friend of Mr. Ames, ought to do everythin.; in my power to save him from such terrible
disgrace as the publication of these letters would occasion.

* * * * * *

Judge Black still insisted that McComb had these letters, and the names of the parties he said
were inserted by Ames in the letters, and he understood that the names of Colfax, Boutwell and
Wilson were among them, also Mr. Garfield. He should be very sorry, he said, to expose Mr.
Garfield, who. was a particular friend of his. He said it would be found that these gentlemen and
several others were stockholders who were also members of Congress.

THE TRUTH CAME OUT BY DEGREES.

The attempt to smother the investigation and suppress the facts in regard to

the bribery of members of Congress was too patent to deceive the public. The

committee sitting with closed doors suffered no fact in regard to the testimony

taken by it to reach the press. Public sentiment made itself felt during the

holiday recess, and when Congress reassembled on January C, 1873, a resolution

was introduced in the House and passed directing the committee to sit with open

doors. Gen. Boynton, the Washington correspondent of the Cincinnati Gazette,

in liis dispafcch.to that paper speaks of this as follows :

The session of the House to-day was the liveliest of the season. The whole session after the
morning hour was devoted to the consideration of the Credit Mobilier in one form or other. There
was a quiet attempt from several quarters to defeat the attempt to open the doors of the Commit-
tee room, but the sentiment of the House was too decided and the resolution passed.

THE CREDIT MOBILIEE, FRAUD. 59

From that day forward the proof came out by degrees. Mr. Colfax, Vice-Pres-
ident of the United States and Mr. Patterson, Senator from New Hampshire, had
raised a question of veracity between themselves and Oakes Ames. This forced
Mr. Ames to tell the whole truth. In the course of his different examinations by
the Poland Committee he produced his famous memorandum book, in which he
had set down in detail his transactions with all the implicated Congressmen. On
January 22, 1873, Mr. Ames was recalled. In the course of that day's examina-
tion, after disposing of Mr. Colfax and Mr. Allison, he came to Gren. Garfield,
(See page 295, ibid).

Q,.' In regard to Mr. Garfield, state to the Committee the details of the transaction between you
ana him in reference to Credit Mobilier stock ? A. I got for Mr. Garfield ten shares of the Credit
Mobilier stock for which he paid par and interest.

Q. When did you agree with him for that ? A. That agreement was in December, 1867, or Janu-
ary, 1868 ; about that time ; about the time I had these conversations with all of them. It was all
about the same time. '

Q. State what grew out of it ? A. Mr. Garfield did not pay me any money. I sold the bonds
belonging to his $1,000 of stock at 897 making $776. In June I received a dividend in cash on his
stock of §600, which left a balance due him of $329, which I paid him. That is all the transaction
between us. I did not deliver him any stock before or since. That is the only transaction and the
only thing.

THAT $329 WHICH GARFIELD GOT.

By Mr. Merrick: Q. The $329 which yon paid him was the surplus of earnings on the stock above
the amount to be paid for it par value ? A. Yes, sir ; he never had either his Credit Mobilier stock
or Union Pacific Railroad stock. The only thing he realized on the transaction was the $329.

Q. I see in this statement of the account with General Garfield, there is a charge $47; that is
interest from the July previous, is it ? A. Yes, sir.

Q. And the $776, on the credit side of the account is the 80 per cent, bond dividend sold at 97 ?
A. Yes, sir.

Q. And the $600 on the credit side is the money dividend ? A. Yes, sir.

Q. And after you had received these two sums, they in the aggregate overpaid the price of stock
and interest $329, which you paid to him ? A. Yes, sir.

Q,. How was that paid ? A. Paid in money I believe.

Q. Did you make a statement of this to Mr. Garfield ? A. I presume so ; I think I did with all
of them ; that is my impresssion.

^. \Vhen you paid him this $329, did you understand it was the balance of his dividend after
paying for hi's stock ? A. I supposed so; I do not know what else he could suppose.

Q. You did not deliver the certificate of stock to him ? A. No, sir ; he said nothing about that.

Q. Why did he not receive his certificate ? A. I do not know.

Q,. Do you remember any conversation between you and him in the adjustment of these ac-
counts ? A. I do not.

Q. You understood that you were a holder of his ten shares ? A. Yes, sir.

Q. Did he so understand it ? A. I presume so. It seems to have gone from his mind, however.

Q. Was this the only dealing you had with him in reference to any stock ? A. I think so.

Q. Was it the only transaction of any kind ? A. The only transaction.

Q,. Has that $329 ever been paid to you ? A. I have no recollection of it.

Q,. Have you any belief that it ever has ? A. No, sir.

Q. Did you ever loan General Garfield $300 ? A. Not to my knowledge; except that he calls
this a loan.

Q. You do not call it a loan ? A. I did not at the tima. I am willing it should go to suit him.

Q. What we want to get at is the exact truth. A. I have told the truth in my statement.

Q,. When you paid hiiu $329, did he understand that he borrowed that money from you ? A. I
do not suppose so.

Q. Have you any belief now that he supposed so ? A. No; only from what he said the other
day. I do not dii^pute anybody.

Q. We want your judgment of the transaction. A. My judgment of the transaction is just as I
told you. There was but one thing about it.

Q. That amount has never been repaid to you ? You did not suppose that you had any right to
it, or any claim to it ? A. No, sir.

Q. You regarded that as money belonging to him after the stock was paid for ? A. Yes, sir.

Q. There were dividends of Union Pacific Railroad stock on these ten shares ? A. Yes, sir.

Q. Did General Garfield ever receive these ? A. No, sir; never has received but $329.

IT WAS NOT A LOAN.

Q. And that he has received as his own money ? A. I suppose so; it did not belong to me. I
should not have given it to him if it had not belonged to him.

C^. You did not understand it to belong to you as a loan; you never called for it, and have never
received it back ? A. No, sir.

Q,. Has there been any conversation between you and him in reference to the Pacific stock he
was entitled to ? A. No, sir.

Q,. Has he ever called for it ? A. No, sir.

Q. Have you ever offered it to him ? A. No, sir.

Q. Has there been any conversation in relation to it ? A. No, sir.

Q. Has there ever been anything said between you and him about rescinding the purchase of
the ten shares of Credit Mobilier stock ? Has there anything been said to you of its being thrown
up, or abandoned, or surrendered ? A. No, sir; not until recently.

€0 THE CREDIT MOBTLIER FRAUD.

Q,. How recently ? A. Since this matter came up.

Q. Since this investiijation commenced ? A. Yes, bit.

By Mr. Merrick: Q. Did yoii consider at the commencement of thia investisration that you held
these other dividends, which you nay you did not pay to him, la his behalf ? i)id j'ou regard your-
self as custodian of these dividends for him ? A. Yes, sir; he paid for his stock and is entitled to
Ills dividends.

Q. Will the dividends come to him at any time on his demand ? A. Yes, sir, as soon as this suit
is settled.

Q. You say that S329 was piid to him; how wa^ it paid ? A. I preinme br a check on the Ser-
geant-at-Arms. I llnd there are some checks filed without auy letters or iaitiald iiiaicadu^ who
they were for.

Q. H:tve you had any correspondence since this dividend win paid, with him in regard to this
matter ? A. I do not know what matter you refer to.

Q,. If you had any correspondence between you I would like to see it. A. T have no copy o^ it.

Q. Have you the original ? A. No, sir. Mr. (Jarfleld showed me a letter which he said h ; in-
tended to inclose with some monej^ sent me; I did not know who the money came from ; h j showt-d
me a letter which he said he Intended to liave put in; I indorsed on th j back of tliat letter my re-
ply ; I just turned over the letter and wrote what I wrote on the back of it, and let him have ir.

Q. Your answer indor>»ed on the back of thd lecter was published in the newspapers ? A. Yes,
sir; he published the lecter, I b -lieve.

Q,. As published, did they correspond with your recollection of t'le papers as written ? A. Yes,
sir; I wrote it off hastily: he came to my room ai«d said he had been accused of all kinds of crimes
and misdemeanors; I told him I had made no such statement as he represented; h" wanted nu to
say in writing that I had not; I touk his letter, which he said he intended to have inclosed with the
money, and wrote on the back of it that I had made no such statement.

Q. The published correspondence in the morning papers of the next day is your rec^l'ection of
what occurred ? A. It agrees with my recollection, except that he says he left a letter for me at the
Arlington; I never received that letter; I only saw the letter on which I indorsed my answer.

Q. Did he inclose the money ? A. Some money came to me inclosed in aa envelope which he
said he had sent; I gave it b icic to him.

Q,. How much money was in that eavelope ? A. Pour hundred dollars.

THE FAMOUS MEMORANDUM BOOK AND CHECK.

The following memorandum referred to by witness as a statement of his account with Mr. Gar-
field, was placed in evidence :

J. A. G. Dr.

1868. To 10 shares stock Credit Mobilier of A $1,000 00

Interest 47 00

June 19. To cash 329 00

$1,376 00

Cr.
1868. By dividend bonds, Union Pacific Railroad, $1,000, at 80 per cent, lesb 3 per

cent $778 00

June 17. By dividend collected for your account 600 00

$1,376 00

On January 29, 1873, Oakcs Ames was further re-examined in regard to the
•checks upon the Sergcant-at-Arms of the House of Representatives with which
lie had paid the different members of Congress their dividends on Credit Mobilier
stock (sec pages 353, 4, 5, C, 7, 8, and 9, ibid.)

Q. Here is another check upon the Sergeant-at-Arms of the same date, June 22, 1868: " Pay O.
A. or bearer $329, and charge to my account. Oakes Ames." That seems to have been paid to
somebody and taken up by the Sergeant-at-Arms. These initials are your own ? A. Yes, sir.

Q. Do you know who had the benefit of that check ? A. I cannot tell you.

Q. Do you think you received the money on it yourself ? A. I have no idea. I may have
•drawn the money and handed it to another person. It was paid on that transaction. It may have
been paid to Mr. GarfielJ. There were several sums of that amount.

********** -:^

Q. Is there any other gentlemen here in Congress who received $329 dividend except those
-who have already been named by you ? A. I don't think of any other.

Q. In regard to Mr. Garfietd, do you know whether you gave him a check or paid him the
money ? A. I think I did not pay him the money. He got it from the Sergeant-at-Arms upou a
check.

Q,. You have testified to the check of $1,200, payable to S. C. or bearer ; also to one $329 to
Mr. Allison ; also $329 to W. D. K.: the same amount to Mr. Wilson, and the same amount to
John A. Logan, whose names appear here. These are all the names that appear on the books of
the Sergeant-at-Arms of persons in Congress on that day. Are you satisfied that this check of
^329, in which your own initials are written, was to pay some one a dividend on that stock * A.
Yes, sir. I don't know why I should draw a check for $32;! except for that purpose.

***********

Q,. You think the check in which you wrote nothing to in^cate the price must have been for
Mr. Garfield ? A. Yes. sir ; that is my judgment.

* * ■ * * * * it * * -::- *

Q. You say that Mr. Scofield, Mr, Dawes, Mr, Logan, and others with whom you made an

THE CREDIT MOBILIER FRAUD. Ct

adjustment, they having declined to take the shares of Credit Mobili'T ptock, did not receive thepe
dividends ? A. No, sir ; they went out after the sixty i^r cent, dividend ; they had no more ta
do with it, and they were not entitled to anything more.

Q. But Mr. Kelley, you suppose, was entitled to receive the dividend-^, and will receive them
when you settle with him ? A. Yes, sir ; I expect to pay over to Mr. liellcy evorythiug I hava
received on his stock.

Q. And in relatinn to Mr. Garfield ? A. The same in relation to him, if it is not borrowed
monej', I consider that I sold him the stock and that lie holds it.

Q. Yon understand that Mr. Kelley and Mr. GarScld have each been bettered $329 by their
transactions ? A. That is all there is of it.

gabfield's tklltalts figures.

Q. How many of them have you had conversations with ? A, I have had conversations with
almost all of them.

Q. What the committee want to learn is, whether in conversations with any of these gentlemen
they have stated or admitted the matter to be different from what they have testified to before the
committee ? A. I hardly know how to answer that question. ^

Q. Take any one that occurs to you ; Mr. Merrick suggests Mr. Garfield. A. Mr. Garfield has
been to see me ab tut the matter, and we have talked ic over. A part of the time he thinks it was
a loan ; sometimes he thinks he has repaid me ; and then again he is in doubt about it.

Q. Yoii may state whether, in conversation v/ith you, Mr. Garfield claims, as he claimed before
ns, that the only transaction between you was borrowing $300 ? A. No, sir ; he did not claim that
with me.

Q. State how he does claim it with you ; what was said ; state all that occurred in conversation
"between you. A. I c.innot remember half of it. I have had two or three interviews with Mr. Gar-
field. He wants to put it on the basis of a loan. He states that when he came back from Europe,
beiuw in want of funds, he called on me to loan him a sum of money. He thought he had repaid
it. I do not know. I cannot remember.

Q. What did you say to him in reference to that state of the case ? A. I stated to him that he
never asked me to lend him any money ; that I never knew he wanted lo borrow any. I did not
know he was short. I made a statement to him, showing the transaction, and what there was due
on it , that, deducting the bond dividend and the cash dividend, there was $389 due him, for which
I had given him a check ; that he had never asked me to loan him any money, and I never loaned
him any.

Q. After you had made that statement, what did he state in reply ? A. He wanted to have it go
as a loan.

Q. Did he claim that it was in fact a loan ? A. No, sir ; I do not think he did. No, he did not.

Q. Go on. and state, then, what was said— all the discussion that took place. A. I cannot tell
3'ou all ; we had three or four talks. I cannot remember all that w is said.

Q. How long after that transaction did he go to Europe ? A. 1 believe it was a year or two.

Q.. Did you have any conver.-ation in reference to the influence this transaction would have upon
the election last fall ? A. Yes ; he said it would be very injurious to him.

Q. Whit else in reference to that ? A. I am a very bad man to repeat conversation ; I cannot
remember.

Q. State all that you know in reference to it. A. I told him he knew very well that that was a
dividend. I made out a statement, and showed it to him at the time. In one conversation he
admitted it, ami said, as near as I can remember, that there was $2,400 due him in stock and bonds.
He made a little memorandum of $1,000 and $1,400, and, as I recollect, said there was $1,000 of
Union Pacific Railroad stock, $1,003 of Credit Mobilier stock, and $400 of stock or bonds, I do not
recollect what.

WHEN GARFIELD MADE THE FIGURES.

Q. When was that memorandum made ? A. It was made in my room ; I cannot remember the
date It was since this investi§;ation commenced.

Q. Was it in that conversation that he referred to the influence this matter would have upon
the election in his district ? A. I do not recollect whether it was in that one or some other. I have
had two or three conversations with him.

Q. Tell us, as nearly as you can, precisely the remarks he made in that connection. A. It was
that it would injure his reputation ; that it was a cruel thing. He felt very bad, was in great dis-
tress, and hardly knew what he did say.

Q. Did he make any request of you to make no statement in reference to it ? A. I am not posi-
tive about that.

Q. What is your b'^st recollection in reference t ) it ? A. My impression is that he wanted to
say as Vvth'. about it as he could, and to get otf as easily as he could. That was about the conver-
sation I had with him, about the long and short of it.

O. Have you the memorandum that Mr. Garfield made ? A. I have the figures that he made.

Paper shown to the committee, containing figures as follows:
"$1,000
1 400

$2,400"
You say these figures were made by Mr. Garfield ? A. Yes, sir.

What do these sums represent ? How did he put them down ? A. $1,000 Unio i Pacific "Rail-
roacT stock, $1,000 Credit Mobilier stock, and $400 which he could not remember whether it was
to be in cash, s ock or bonds.

Q. Is that what he had received, or what he was entitled to ? A. What he waa entitled to.
Q. That was his idea of what was coming to him ? A. Yes, sir.

O. Was that about what he would have been entitled to ? A. He would have been entitled to
the $1,000 in stock, and he would have been entitled to more than tliat. The $403 1 think he ia iu
error about. I gave him $329; I do not know whether the $400 referred to that.

Qi Did he put this do\VA as his recollection of the statement you made to him f A. I so under
stood it.

62 THE CREDIT MOBILIER FRAUD.

By Mr, Meirick: — Q. It was in this conversation that these figures were made — that he depre-
cated the effect of the matter upon his election ? A. I do not know about his election; it was about
hie prospects, his reputation, &c. - ';

Q,. I understand that, in substance, he desired you to say as little as possible about it ? A, Yes,
sir; and that is my desire.

Q,. Will you repeat just about what he did say ? A. I cannot remember the conversation well
enough to repeat it.

Q. You can repeat the substance of it ? A. I have given you the substance of it.

AMES THOUGHT HE WOULD KEEP THE FIGURES.

Q. How did you happen to retain that little stray memorandum ? A. I do not know. I found it
on my table "two or three days afterward. I did not pay any attention to it at the time, until I found
there was to be a conflict of testimony, and I thought that might be something worth preserving.

Q. This conversation was in your room, and the figures made there ? A. Yes, sir.

Q. Do I understand you that this loan which Mr. Garfield claims to have been made was in
reference to a trip to Europe taken by him a year or two afterward ? A. I do not know when he
took his trip. I know he aid not go during that session of Congress. This payment was made to
him during that session of 1867-'68.

. Q. Do you know whether he went during that recess following ? A. I cannot say; I do not
know.

Q. Do you not know that he did not go to Europe for nearly two years afterward ? A, No, I do
not. It is my impression it was two years afterward, but I cannot remember dates. People ask m©
about things that occurred a year ago, and I cannot tell whether it was ten years ago or one.

By the Chairman: Q. Did you understand in this conversation you had with General Garfield
that you detailed to him the history of this matter as to how the statement you had let him have
was made up; and did you understand him to concede your statement about it to be the truth ?
A. Well, I cannot say. Ee would not have been very apt to recollect the amount there was due ta
him if he had not acceded to my statement.

Q, From the whole conversation— from what he said and the figures that he made, did you un»
deretand him to concede the statement you had made to him as about the truth ? A. Yes, I sa
understood him.

Q. That statement you made to him was in substance the statement you have made to us in,
reference to him ? A. Yes, sir.

AMES EXHIBITED THE FAMOUS MEMORANDUM BOOK.

On February 11, 1873, Mr. Ames exhibited to the committee the entry in his

memorandum book which showed his transactions with Gen. Garfield and other

members. It will be observed in Gen. Garfield's defense of himself, furnished to

the author of his biography, as given above, that he said :

In the case of each of those who did purchase the stock there was produced as evidence of the
sale either a certificate of stock, receipt of payment, a check drawn in the name of the payee, or
entries in Mr. Ames' diary of a stock account, marked, adjusted and closed, but that no one of
these evidences exists in reference to me.

Contrast with this statement the following from the testimony of Oakes Ames»
page 459, Poland Report :

Q,. Now turn to any entries you may have in reference to Mr. Garfield. A. Mr. Garfield's pay-
ments were just the same as Mr. Kelley's.

Q. I find Mr. Kelley's name on the list of June dividend payments for $329. That I understand
you to be the amount of th ) June dividend after paying rhe balance due on his stock? A. Yes, sir j
the general statement made up for Mr. Garfield is as follows :

GARFIELD.

10 shares Credit M 1,000

7 mos. 10 days 43 36

1,043 3a
80pcr ct. bd. div., at 97 776

267I3
Int'st to June 29 3 61

1,000 c. M.
1,000 V. P.

Q. You received $600 cash dividend on his ten shares? A. Yes, sir.

Q. And, as you say, paid him $329, as the balance of the dividend due him? A. I think I did.

Q. In this list of names for the June dividend Mr. Garfield's name is down for $329? A, That
would be the balance due.

Q. The cross opposite his name indicates that the money was paid to him? A. Yes, sir,

Mr. Clark remarked that Mr. Ames was not certain whether this amount was paid Mr. Garflelcl
by check or in currency.

The Witness: If I drew the check I may have paid him off in currency, as I find no check with
initials corresponding to his.

Q. We find three checks for the amount of $329 each; one is in blank; there are no initials
written in. There are, however, the same number of checks for that amount as are called for by
the names on this list for that amount. A. I am not sure liow I piid Mr. Garfield; I. paid him ia
some form.

THE CREDIT MOBILIER FRAUD. C3

THE COMMITTEE CONDEMN GARFIELD.

The committee, in their report to the House of Representatives, which, was
unanimous, having been signed by every member of the committee, found' in! re-
gard to Gen. Garfield as follows (see page 7 of report) :

MR, JAMES A. GARFIELD, OP OHIO.

The facts in regard to Mr. Garfield, as found by the committee, are identical witfl the case of
Mr. Kelley to the point of reception of the check for f 32J. He a2;reed with Mr. Ames to take ten
shares of Credit Mobilier stock, but did not pay for the same. Mr. Ames received the 80 per cent,
dividend in bonds, and sold them for 97 per cent., and also received the 60 per cent, cash dividend,
which together paid the price of the stock and interest, and left a balance of $329. This sum was
paid over to Mr. Garfield by a check on the Sergeant-at-Arms, and Mr. Garfield then understood
this sum was the balance of dividends after paying for the stock. Mr. Ames received all the sub-
sequent dividend:?, and the committee do not find that, since the payment of the $329, there has
been any communication between Mr. Ames and Ml. Garfield on the subject until this investiga-
tion began. Some correspondence between Mr. Garfield and Mr. Ames, and some couversationa
between them during this investigation, will be found in the reported testimony.

THE HISTORY OF THE CREDIT MOBILIER OF AMERICA.

The Credit Mobilier of America was originally the Pennsylvania Fiscal Agency.
It was incorporated by the legislature of that State Kovember 1st, 1859. The
powers conferred upon this corporation was something wonderful. It was em-
powered to carry on every sort of financial business except banking, without indi-
vidual liability on the part of these stockholders. The company had been
organized before the war of the rebellion, a part of its stock subscribed and an
•installment thereon paid in. Among the incorporators were Duff Green, David
R Porter, formerly governor of the State of Pennsylvania, and a number of
other capitalists of that state. The promoter of this enterprise was Duff Green,
and his intention was to use it in building a Southern Pacific Railroad along the line
since adopted by the Texas Pacific Eailroad Company. While Durant, Ames,
McComb, BushncU and the other directors of the Union Pacific Railroad were en-
deavoring to evolve from their heads a plan whereby they might execute the Hoxic
contract without incurring individual liability, Geo. Francis Train, who knew of
Green's corporation, suggested to Durant the idea of purchasing it. There was
one difficulty, however, in the way. Kone of the officers of the company were
to be found except the secretary, a man by the name of Barnes. Duff Green, the
president and the owner of a majority of the stock, was in the service of the Con-
federacy, but Barnes got together a few of the stockholders, organized anew the
concern and sold it to Durant through Geo. Francis Train. At the suggestion of
Train the name of the corporation was changed to the Credit Mobilier of America.

THE HISTORY OF THE UNION PACIFIC RAILROAD.

The germ of the Pacific Railroad legislation was the charter granted by the
pro-slavery legislature of the Territory of Kansas in 1855 for the Leavenworth,
Pawnee and >Yestern Railroad Company, which afterwards became the Union
Pacific, eastern division, sometimes called the Denver Pacific, It is a notorious
fact that this company furnished the funds used in Congress in 18G3 to promote
1 he Pacific Railroad bill, under which all Pacific railroads obtained their sub-
tidies from the Government of the United Slates. The Act of 1803 contemplated
r.n organizaticii composed of men from all quarters of the country, so that the
ctock might be distributed in an equitable manner to the different sections.
There were one hundred and fifty-eight corporators named in the bill. The
main features of this act were first to incorporate the persons named with five
corr.missioncrs designated by the Secretary of the Interior under the name and
style of the Union Pc:cific Railroad Com-^any, who were r.uthorized to build and
maintain a railroad from the ICOth meridian to the western boundary of Nevada
Territory. The capital stock v.as a hundred millions of dollars, divided into

64 THE CREDIT MOBILIER FRAUD.

shares of $1,000 each ; not more than 200 shares to be held by any one person.
As £oon as 3,000 shares or two per cent, of the stock was taken, and
|10 a share, or one per cent, paid, the President and the Secretary of
the Board of Commissioners were to designate the time at which the subscribers
to the stock should meet and elect officers. The right of way was granted
through all the public domain, with all necessary grants for stations, buildings,
workshops, side tracks, etc., and alternate sections of land for ten miles on
each side of the road. In addition there was granted United States bonds at the
rate of $16,000 per mile for about 150 miles, $48,000 per mile for 300 miles, to
include the section crossing the Rocky Mountains and the Sieira Nevada, and
$32,000 per mile for about 850 miles included between the two ranges named.
These bonds were declared to be a first mortgage upon the road, and the grant
was made upon the express condition that they should be paid at maturity, and
all compensation for services rendered to the Government was to be applied to
pay the interest on said bonds and five per cent, of the yearly earnings of the
road was to be reserved and applied to the payment of the principal of said
bonds.

THE LEGISLATION OF 1864.

The legislation of 1864 was mainly the means by which fifty millions of dollars
were stolen from the people of the United States in the construction of the Union
Pacific Railroad. Gen. Garfield was then a member of Congress. He voted for
the Act of 1864 and against an amendment offered by Mr. Washburne of Illinois,
which prevented the subordinating of the security of the United States to that of
the railroad companies (see Congressional Globe, vol. 53, p. 3267).

The Act of 1864 doubled the land grants, abandoned the government security
by making its bonds a second mortgage upon the property of the road, and pro-
vided that only one-half of the earnings from government freights should be ap-
plied to pay the interest upon the government bonds. By this act the railroad
company was authorized . to issue first mortgage bonds equal to the amount
granted by the government, which became a prior lien on the road. Up to this
time no work, save on the eastern division, had been done towards the completion
of the road. In all there was less than 20 miles built and in running order. The
Union Pacific Railroad Company, however, claimed that they had $2,000,000 of
stock subscribed, $200,000 paid in, and to have expended $800,000. During
the debate in the House of Representatives on this- bill in 1864, Mr. Elihu B.
Washburne said (see vol. 53, p. 351, Congressional Globe) :

E. B. WASHBURNE DENOUNCED THE ACT OP 1864.

Mr, Wasliburne, of Illinois. Who are the men who arc here to lobby this bill through ?
Have the men of high character and of national reputation whose names were at an earlier period
connected with this enterprise been here, animated by a commendable public spirit, by motives of
patriotism, to ask us to pass this bill ? I have not heard of such men being here for that purpose,
out on the other hand, the work of " putting the bill through " has gone into the hands of such men
as Samuel Hallett and George Francis Train, par nobUefratrum.

Mr. Washburne, of Illinois, in opposing the provisions of this act of 1864, which gave the
company the right to issue flrst mortgage bonds and make the government lieu on the road
secondary to the mortgage which secured the bonds issued by the company (G-'/o6«, volume 53, page
3152), said :

"t come now to the tenth section of the bill, and I confess to a sort of admiration of the
sublime audacity which parties must have to come here and ask Congress to enact such a provision
into a law.

"I have called attention to other provisions of an extraordinary nature, but this proposed enact-
ment throws all others far into the shade, and stands out in bold relief as an indication of the ' base
uses' that this company have conceived that Congress may be put to in their behalf. I carefully
read the section, that every gentleman may know its exact meaning and puf'port :

" Sec. 10. And be it further enacted. That feection five of said act be so modified and amended
that the Union Pacific Railroad Company, the Central Pacific Railroad Company, and any other
company authorized to participate in the construction of said road, may issue their first mortgage
bonds on their respective railroads and telegraph lines to an amount not exceeding the amount of
the bonds of the United States authorized to be issued to said railroad companies respectively. And

THE CREDIT MOBILIER FRAUD. 65

the lien of the United States bonds shall be subordinate to that of the bonds of any or either of ?aid
companies hereby authorized to be issued on their respective roads, property and equipments. And
said section is further amended by striking out the word 'forty' and inserting in lieu thereof the
words ' on each and every section of not less than twenty.'

SURRENDERING EVERYTHING TO THE CORPORATION.

"Now, it will be recollected that the fifth section of the existing law provides for the repayment
of the bonds issued to the company, and declares that the issue and delivery of them to the com-
pany shall ipso facto constitute a first mortgage on the whole line of road and telegraph, together
with the rolling stock. This was the security which Congress had a right to demand of any com-
pany that shojild be organized. It was its duty to require it unless it was intended to surrender up
everything and place the most gigantic interests at the feet of the company, without control and
wfthout cnallenge. We donated, as I have before stated, millions upon millions of acres of the
public lands to the company for this purpose, then we agreed to give our bonds for the amount,
with the interest thereon, of $96,000,000, and if Congress had required less than a first mortgage as
its security it would, in my judgment, have been derelict in its duty to the country, whose interests
in this regard it can alone protect.

" What is now proposed oy this amendment ? I demand that gentlemen shall look at it ; let the
mirror be held up to nature. Nothing less than that the government, with its liability of a hundred
millons, shall relinquish its first mortgage and subordinate its lien to the liens of all the companies
created for building the road. The bonds of the United States are to be issued to the company, and
the government is to have no prior lien for its security ; but by this provision the company, repre-
senting as it may but one per cent, or a little over of the amount that the government is liable for,
is to subordinate that government to its own interests, raise money on the means that the govern-
ment haa furnished, give a first mortgage for the security of that money, and leave the United
States as a second mortgagee, obliged to pay off the first mortgage before it can be in a position to
take advantage of any security there 'might by possibility be as a second mortgagee. But who is
wild enough to believe that should the provisions of this section become a law the remaining secu-
rity of the! government will be worth a straw f

" It is worse than idle to contend that ^e shall have any security left for all our liability if this
bill shall pass. And further, by the fifth section of the law, bonds cannot be issued till forty con-
secutive miles of tlie road are f uUj^ completed and equipped. It is now proposed by this tenth sec-
tion to strike out forty and make it twenty. This company, not content with snatching from the
government the security it now holds for the bonds it issues, cannot even wait to finish the forty
miles of road at present required before grabbitig what is proposed to put into their hands, but they
must cut it down so they can go in on twenty miles. Sir, on my responsibility as a representative
I pronounce this ag the most monstrous and flagrant attempt to overrench the government and the

f>eople that can be found iu all the legislative annals of the country. When we look at the original
aw with all its liberal and just provisions, when we look at the company organized under it and
see how far it has failed to meet its proper obligations, and consider the extraordinary amendments
here proposed, are we not filled with astonishment at what is "demanded of us as the guardians of
the people's rights ? Indeed, may we now exclaim:

" ' Can such things be,
And overcome us like a summer's cloud,
Without our special wonder ? '

WARNINGS WHICH WERE NOT HEEDED.

"I warn the true friends of the road, I warn Congress and the people what will be the result.
The present directors of the company hold for three years, and the whole business of the directors
is done by an executive committee of the board, who hold for the same time. The real state
of the case seems to be that the executive committee is the board of directors, and one man is the
executive committee.'"

The vote on the motion of Mr. E. B. Washburne, to strike out this tenth section

subordinating the Government lien, was taken June 24, 1864 (Globe, vol. 52, p.

3244).

The yeas were 38, nays 81, not voting, 63. Among the yeas were Messrs. Boutwell, Farnsworth,
Holman, Orth, Scofield, Spaldinj? and E. B. Washburne.

Among the nays, Messrs. Allison, Ames, Blaine, Brooks, Dawes, Elliott, Kelley and Wilson.
Among those not voting, Messrs. Alley, GARFIELD and Hooper.

The final vote on the passage of the bill was taken June 25, 1864 (see Globe, vol.

53, p. 3267), and resulted, yeas 70, nays 38, not voting 74.

Among the yeas were Messrs. Allison, Ames, Blaine, Brooks, Dawes, Elliot, Garfield, Hooper
and Wilson.

Among the nays, Messrs. Boutwell, Holman, Orth, Scofield and E. B. Washburne.

The bill returned to the Senate, and finally passed on a conference report, which
was not printed, the call of E. B. Washburne for the yeas and nays being refused
(see Globe, vol. 53, p. 3481).

Under the provisions of the Act of 1862 and the amendments of 1864, the Union
Pacific Railroad obtained about twelve millions of acres of land and bonds guaran-
teed by the government to the amount of $27,286,512, and was authorized to issue

6Q THE CREDIT MOBILIER FRAUD.

first mortgage bonds lo a like amount. The first section of the act of 1862 re->
quired a subscription of $2,000,000 to be made, and ten per cent, thereon to be
paid before organization. The sum of $2,180,000 was subscribed, and ten per cent.,
$218,000, paid in, and in October, 1863, the company was organized and the Board
of Directors was elected.

In addition to the first mortgage bonds of the company, and the government
bonds of $54,473,024, the company also issued land-grant bonds, and income bonds,
and stock, amounting in all to about $50,000,000, so that there were assets, inde-
pendent of the 12,000,000 acres of public lands, about $111,000,000.

OVER A MILLION THE FIRST HAUL.

The first contract for the construction of the road was made with one H. M.
Hoxie, who seemed to have been a person of little pecuniary responsibility. His
proposal to build and equip one Imndred miles of the railroad and telegraph is
dated New York, August 8, 1864, signed H. M. Hoxie, by H. C. Crane, attorney.
It was accepted by the company September 23, 1864. On the 30th September,
1864, Hoxie agreed to assign this contract to Thomas C. Durant, who was then
Vice-President and Director of the Union Pacific railroad, or such parties as he
might designate. On the 4th of October, 1864, this contract was extended to the
ODe hundredth meridian, an additional one hundred and forty-six and forty five
Imndreth miles, the agreement for extension being signed by Crane as attorney of
Hoxie. Hoxie was an employee of the company at the time, and Mr. Crane, who
signed as Hoxie's attorney, was Durant's " confidential man," as Durant himself
expresses it.

By this contract and its extension Hoxie agreed to build two hundred and forty-
six and forty -five huudreths miles of road, to furnish money on the securities of
the company, to subscribe one million dollars to the capital stock, and he was to
receive fifty thousand dollars per mile for the work.

On the eleventh day of October, 1864, an agreement was entered into by Du-
rant, Bushnell, Lambard, McComb, all directors of the Union Pacific Railroad
Company, and Gray, a stockholder, Jo take from Hoxie the assignment of his con-
tract (which assignment he had previously bound himself to make to such persons
as Durant should designate), and to contribute $1,600,000 for the purpose oC
carrying the contract out.

THE EFFECT OF THE LEGISLATION OF 1867,

The resolution as amended by the Senate was passed and became the law.
This la'^' changed the time and place of holding the meeting of stockholders of
the Union Pacific Ilailroad Campany from New York, where they had beer
enjoined by the Courts, to Boston, Mass. While the resolution above referred
to was pending in Congress, Durant, in order to compel his opponents to com-
promise with him, announced his determination to make a complete exposure of
all the rascality connected with the building of the Union Pacific Railroad. Ac-
coMmgly he wrote a letter, in which he set out all the facts, and actually mailed
it to Mr. Washburne. When his opponents learned of this, they agreed to his
compromise, and then went to the post oflace and got Durant's letter out and
destroyed it (see Credit Mobilier Investigation, Poland Committee, Third Session,
Forty-second Congress, p. 175). Then Mr. J. M. F. Williams, of Boston, was
given the contract to build and equip two hundred and sixty seven and fifty-two
one hundredth miles west from the one hundredth meridian, at fifty thousand
dollars per mile. This contract he proposed to assign to the Credit Mobilier, of
America, in order to enable it, or the managing directors of the Union Pacific

THE CREDIT MOBILIER FRAUD. 07

Hailroad through it, to make a profit of about 22,500 dollars.per mile on ninety-
eight and one quarter miles of road, which had by this time been completed
under the Boomer contract. With reference to this, Mr. Williams was asked:

Q. Then what purpose had you to propose to build a road that had already been built by the
company at a cost to them of less than the amount mentioned in your proposition ? A. We were
identical m interest. The Credit Mobilier and the Union Pacific Railroad Company were the same
identical parties. We were building it for ourselves, by ourselves, and among ourselves. There
was not twenty thousand dollars interest in it.

Q. Was this understood at the time ? A. Yes, sir ; it was understood that we were dealing with
ourselves to get the control in the right hands.

Durant again interfered and defeated this project by legal proceedings. Then

a new device was resorted to on the sixteenth of August, 1867.

The Poland report says : "The Oakes Ames Contract " was entered into. At this time, one
hundred and thirty-eight miles of road had been completed and accepted west of the one
hundredth meridian, at a cost of one hundred and twenty-seven thousand dollars per mile. A portion
of the road embraced in the Ames contract began at the one hundredth meridian and extended
Avestward six hundred and sixty-seven miles, and by the terms of the contract the railroad
company was to pay as follows :

For the first one hundred miles $42,000 per mile $4,200,000

" next 167 miles, $45,000 per mile 7 515000

" 100 " 96,000 " • 9,60O'00O

" MO " 80,000 " 8,000,000

" 100 " 90,000 " 9,000,000

" 100 " 96,000 " 9,600,000

667 $47,925,000

At the time this contract was made there was an understanding that it was for the benefit
■of the shareholders of the Credit Mobilier. Ames was the only medium through whom these
shareholders should receive the benefits accruing from it.

This contract was signed on behalf of the railroad company by Oliver Ames, as President pro
tempore, who was brother and business partner of Oakes Ames. It was approved by Oliver Am s,
C. S. Bushnell, Springer Harbangh, and Thomas C. Durant, as Executive Committee of the Kail-
road Company, all of whom, excepting Harbaugh, were interested in the Credit Mobilier.

Pursuant to the previous understanding that this contract was to be for the benefit of the share-
liolders of the Credit Mobilier, on the 15th day of October, 1867, it was signed by a tripartite
agreement to seven trustees, namely, Thomas C. Durant, Oliver Ames, John B. Alley, Sydney
Dillon, Cornelius S. Bushnell, Henry S. McComb, and Benj. E. Bates, all stockholders in the
Union Pacific Railroad Company and in the Credit Mobilier, Oliver Ames occupying the anomolous
position of president of the railroad company making the contract, and one of the parties to whom
It was assigned— all of them were directors of the railroad company.

It will be seen by this that in order to ])rocure any of the proceeds of this contract, stock-
holders of the Credit Mobilier who owned stock in the Union Pacific Railroad Company, were
compelled to give an irrevocable proxy to these seven trustees to vote in all cases six-tenths of
their railroad stock.

The stockholders in the two corporations were substantially identical. These proxies were
executed and delivered to these trustees; they represented a majority of the stock, and by this
means the entire control of the railroad company passed out of the hands of the stockholders of
the latter company, and was reposed in the seven trustees, and for two years they exercised the
power thus acquired.

The management of the affairs of the railroad company during the execution of the work under
this contract, was under the control of the beneficiaries thereof, and of course the trustees who
acquired this power by means of the proxies above mentioned, were not very anxious to protect
the interest of the Union Pacific Railroad Company.

This Oakes Ames contract extended over 138 miles of road completed and acftepted. That portion
already completed had cost not to exceed $27,500 per mile, and by embracing these one hundred
and thirty-eight miles in the contract, the persons interested derived a profit which enabled them
to make a dividend among themselves in less than sixty days after the assignment, as follows :

Sixty per cent, in first mortgage bonds of the Union Pacific Railroad Company $2,244,000

Sixty per cent, in stock of the Union Pacific Railroad Company 8,244,000

This was mainly, if not entirely derived from the owners of the contract over what the one hun-
dred and thirty-eight miles had cost. The trustees proceeded to construct the road under this
contract, and from a balance sheet taken from the books of the company, it appears—

That the cost to the railroad company, was $57,140,102 74

The cost to the contractors, was 27,286,141 99

Profits ...$29,854,141 99

The Oakes Ames contract was entered into August 16, 1867, and on December
9, 1867, Mr. Washburne, of Illinois, introduced House resolution No. 252, to
create a Government Commission, with power to regulate freight and passenger
rates on the Pacific Railroads, which was referred to the Committee on Pacific
Railroads. This resolution provided that the Secretary of War, the Secretary of
the Interior, and Attorney- General of the United States, should appoint » Board
of Commissioners, whose duty it should be on the first day of July in each year

68 THE CREDIT MOBILIER FRAUD.

to establish a tariff for freight and passengers over the Union Pacific and Central
Pacific Railroads, and their branches, which tariff was-to be equitable and just^
and not exceeding double the average rates charged on the different lines of rail-
road between the Mississippi River and the Atlantic Ocean, and in latitude north
of St. Louis, Mo., and it should not be lawful for said company to charge any
sum in excess of the rates so fixed and established. The Committee on Pacific;
Railroads not reporting on this resolution, it was reintroduced in the morning
hour, Monday, January 20, 1868, by Mr. Windom, of Minnesota, and read the
first and second time, but the previous question not being seconded, Mr. Higby
arose and debated the resolution. It went over under the rules, but came up agaiu
March 13, 1868, and debated. Between the reintroduction of this Washburne
resolution, on January 20 and March 12, when the debate, which will be quoted,
hereafter, occurred, the following correspondence between Oftkes Ames and H.
S. McComb ensued :

CAKES AMES' LETTERS, WITH LIST OP ASSIGNMENTS AS GIVEN TO MCCOMB.

Washington, January 25, 1868.

Bear Sir : Yours of the 23d is at hand, in which you say Senators Bayard and Fowler have-
writen you in relation to their stock. I have spoken to Fowler but not to Bayard. I have never
been introduced to Bayard, but will see him soon. You say 1 must not put too much in one local-
ity. I have assigned, as far as I have gone to, four fi-om. Massachusetts, one from New Hampshire,
one Delaware, one Tennessee, one Ohio, two Pennsylvania, one Indiana, one Maine, and I have
three to place, which I shall put where they will do most good to us. I am here on the spot, and
can better judge where they should go. I think after this dividend is paid we should make our
capital to four millions, and distribute the new stock where it will protect us, let them have the
stock at par, and profits made in the future; the fifty per cent, increase on the old stock I want for
distribution here, and soon. Alley is opposed to the division of the bonds; says we will need
them, etc. I should think that we ought to be able to spare them, with Alley and Cisco on the
Finance Committee — we used to be able to borrow when we had no credit and debts pressing.
We are now out of debt and in good credit— what say you about the bond dividend— a part of the
purchasers here are poor, and want their bonds to sell to enable them to meet their payment on
the stock in the C. M. I have told them what they would get as dividend, and they expect, 1
think, when the bonds the parties receive as the eighty per cent, dividend, we better give them the
bonds— it will not amount to anything with us. Some of the large holders will not care whether
they have the bonds or certificates, or they will lend their bonds to the company, as they have done
before, or lend them money. Quigley has been here, and we have got that one-tenth that was-
Underwood's. I have taken half, Quigley one-quarter, and you one-quarter. J. Carter wants a
part of it; at some future day we are to surrender a part to him.

Yours truly,

H. S. McCoMB, Esq. OAKES AMES.

WHERE IT WILL DO MOST GOOD.

Washington, January 30, 1868.

Dear Sir: Yours of the 28th is at hand, inclosing copy of letter from, or rather to, Mr. King.
IdonH fear any investigation here. What some of DuranVs friends may do in New York courts
can't he counted upon with any certainty. You do not understand by your letter, what I have done,,
and am to do with my sales of stock. You say none to New York. I havr placed some with New
York, or have agreed to. You must remember it was nearly all placed as you saw it on the list in
New York, and there was but six or eight m.for me toj)lace. I could not give all the world all they
might want out of that. You would not want me to offer less than one thousand m. to any one.
We allow Durand to place some fifty-eight thousand to some three or four of his friends, or
keep it himself.

I HAVE USED THIS WHERE IT WILL, PRODUCE MOST GOOD TO US, I THINK. In vtew of King''s let-
ter and Washburne's Tnove here, I go in for making our bond dividend in full. We can do it with,
perfect safety. I understand the opposition to it comes from Alley ; he is on the Finance
Committee, and can raise money easy if we come short, which I don't believe we shall, and if we
do we can loan our bonds to the company, or loan th6m the money we get from the bonds
The contract calls for a division, and I say have it. When shall I see you in Washington ?

Yours truly,
H. S. McCoMB. OAKES AMES.

We stand about like this :

Bonds, first mortgage, received on 525 miles, at 16 m. $8,400 dbo-

Bonds, first mortgage, received on 15 miles, at 48 m !.'.".*.!*...!.'. '720000

Bonds, first mortgage, received on 100 miles, at 48 m '.'.!!!!!*.! 4 80o[(IK>

n. Mv 1^ 1 . n * J T-. $13,920,000'

Ten millions sold and to sell to pay our debts 10 000 000»

Eighty per cent, dividend on $3,700,000 C. M. of A , 3,'ooo'ooa

$920 000

^Government bonds received this day 960000

Due for transportation four hundred M., one half cash. . ...V.V. ...... ... 200,000

$2,080,000

THE CREDIT MOBILIER FRAUD. 6i>

In addition to this we can draw government bonds for two.thirds of the work done in advance of
track, if we desire it.

Indorsed on letter as sworn by McComb.

"Oakes Ames' list of names as showed to me to-day for Credit Mobilier : Blaine, of Maine,
-3,000; Patterson. New Hampshire, 3,000; Wilson, Massachusetts, 2; Painter, reporter for Inquirer,
3; S. Colfax, Speaker, 2 ; Elliott, Massachusetts, 3 ; Ddwes, Massachusetts, 2 ; Boutwell, Mass-
achusetts, 2 ; Bingham and Garfield, Ohio ; Scofleld andKelley, Pennsylvania; Fowler, Tennes-
see. February. 1 1868."

WE WANT MORE FRIENDS IN CONGRESS.

Washington, February 22, 1878.
Bear Sir: Yours of the 21st is at hand ; am glad to hear that you are getting along so well
with Mr. West; hope you will bring it out all satisiactory, so that it will be so rich that we cannot
help going into it. I return you the paper by mail that you ask for. You ask me if I will sell some
of my Union Pacific Railroad stock. I will sell some of it at par Credit Mobilier of America. I
don't care to sell. I hear that Mr. Bates offered his at $300, but I donH want Bates to sell out. I
think Griwes may sell a part of his at $350. J want that $14,000 increase of the Credit Mobilier to
sell here. We want more friends in this Congress, and if a man will look into the law {and it is
difficult to get them to do it unless they have an interest to do so), he cannot help being convinced that
toe should not be interfered with. Hope to see you here or at Neio York the lUh.

Yours truly,

OAKES AMES.
~H. S. McCoMB, Esq.

{See Report Poland Com., pp. 4, 5, 6, 7.)

THE RELATIONS OF THE CREDIT MOBILIER TO THE UNION PACIFIC EXPOSED

IN MARCH, 1868.

It is important to observe that Henry S. McComb swears that on February 1st,
1868, Oakes Ames showed him a list of names of members of Congress to whom
he had assigned Credit Mobilier stock. This proves that prior to that date, Ames
had sold to Gen. Garfield ten shares of the stock of the Credit Mobilier. Imme-
diately thereafter the true character of the Union Pacific Railroad enterprise; the
"existence of the Credit Mobilier; its connection with the Union Pacific Railroad;
the enormous profits its stockholders were realizing from the construction of the
railroad, and the suit of McComb against Oakes Ames and others, for a part of
these profits, were made known in the House and in the Senate.

On March 13, 1868, the following debate occurred in the House of Representa-
tives, on the Washburne resolution, which Ames, in his letter to McComb of
January 30, 1868, refers to as Washburne's move. This was a joint resolution to
regulate the tariff for freight and passengers on the Pacific Railroads {see
Congresssional Glob^, vol. 66, page 1861).

The next business lying over under the rules was House joint resolution No. 168, to regulate the
tariff for freight and passengers on the Union and Central Pacific Railroads and their branches, in-
troduced by Mr. Windom, January 20, 1868.

Mr. Garfield: I move to refer it to the Committee on the Post Office and Post Roads, and call
.the previous question.

Mr. Washburne, of Illinois: I hope the House will not second the previous question. Let us
have a square vote and see who is in favor of this resolution.

Mr. Dawes: We had a square vote the other day.

Mr. Washburne, of Illinois : And the gentleman was with the monopolists. [Laughter.] (See
vote on Dawes' resolution, page 21.)

On seconding the previous question there were— ayes 52, nays 51.

Mr. Washburne, of Illinois : I demand tellers.

Tellers were ordered; and the Chair appointed Messrs. Garfield and Woodward.

Mr. Allison: Let the joint resolution be reported in full.

The Speaker: The clerk not expecting this business to be reached to-day, the joint resolution is
not here; it is on the files at the clerk's office.

Mr. Garfield: I think it is very proper, therefore, to have it referred.

Mr. Washburne, of Illinois: It is a resolution that ought to be passed.

The House divided; and the tellers reported— ayes 42, nays 54.

So the previous question was not seconded.

The Speaker: The clerk willnow report the joint resolution.

it was read.

Mr. Washburne, of Illinois, demanded the previous question.

Mr. Van Horn moved to lay the resolution on the table.

Mr. Hooper, of Massachusetts, called the yeas and nays; and they were ordered.

The vote on laying on the table stood— yeas 53, nays 70, not voting 66.

So the House refused to lay the bill on the table.

The Speaker: The morning hour has expired, and the bill goes to the Speaker's table.

March 20, 1868 (see Globe, vol. 66, p. 2029)— The resolution was again in order, and Mr. C. C.
"Washburn, of Wisconsin, addressed the House. The following are extracts from his remarks, aa
printed in Globe, vol. 67, pp. 269-98, Appendix:

VO THE CREDIT MOBILIER FRAUD.

GREAT EXAGGERATION ABOUT COST OF PACIFIC RAILROADS.

Mr. Washburn, of Wisconsin; There is great exaorgeration about the difficulties attending the
"building of these Pacific railroads. If gentlemen want information I will give it to them. I will
give the gentleman from Iowa (Mr. Dodge), the very able and distinguished engineer of the road,
some of his ownfij^ures. I will refer to his report of 1868.

It was asserted in Congress in 1864 that there were miles of this road that would cost $500,000'
per mile to build. Here is my friend's own report made in 1868. The table of grades shows upon
the line from Omaha to the eastern line of California, a distance of one thousand six hundred and
twenty-two and a half miles: of dead level ground, two hundred and seventy-two miles; from level
to twenty feet per mile, six hundred and sixty-five miles: ranging from twenty feet to forty feet,
three hundred and forty-three miles; from forty to sixty feet per mile, ninety-six miles; from sixty
to eighty feet per mile, eighty-one miles; from eighty to one hundred feet per mile, forty -five miles;
from one hundred to one hundred and sixteen feet per mile, thirty-seven miles.

Such are the grades of this Pacific road as determined by their own engineers. The almost im-
passable mountains of which "Pathfinders" and others give such marvellous accounts, when.
Drought to the unerring test of the engineer's level, dwindle into insignificance. And I think I can
safely assert here that there is no sixteen hundred miles of road running in any given direction m
the United States that show such easy grades as from Omaha to the line of California. There was
much difficulty in determining where the base of the Rocky Mountains was, but it was finally de-
termined in the level valley of the Platte river at Crow Creek crossing, and from that point to the
summit of the mountains the distance is only between thirty-one and thirty-two miles, although
we give them a subsidy of $48,000 per mile for one hundred and fifty miles at this point of the
road.

IT COULD BE BUILT FOR THE GOVERNMENT SUBSIDY.

Now, sir, I have asserted that this road can nearly or quite be built with the government sub-
sidy. The first five hundred miles are nearly a dead level. I am assured by gentlemen who have
traveled over the route that up to the base of the Rocky Mountains it is a dead level, so that the
sleepers are laid down for miles and miles on the naked soil without any grading, only a ditch on
each side.

There cannot be a shadow of doubt that your subsidy in bonds will nearly or quite build and
equip the road, for this part of the line at least, with the vast grant of lands thrown la.

I have always said that this road could be built for the government subsidies, and I reiterate
that, provided it is built as other roads are built, by contracting with the lowest bidder. To make
the road cost the stockholders no more than absolutely necessary, and at the same time to make it
represent a nominal cost that would relieve the stockholders from the appearance of not putting in
money of their own, and also to relieve them frona the ten per cent, dividend proposition, they re-
sort to a device unheard of before in this country.

WASHBURNE TELLS OF THE CREDIT MOBILIER.

The stockholders in the Pacific road are few in number. They could easily have made a con-
tract with themselves for the building of the road, without bids or advertisements of any kind..
They could have agreed to have paid themselves one or two hundred thousand dollars per mile,
and swelled the nominal cost to such a figure as to neutralize the ten per cent, proviso in regard to
earnings. But would such a transaction have been regarded as an honest or legitimate and straight-
forward one, and binding on the government? Clearly not. Would a transaction which amounts
to precisely the same thing, arrived at an indirect manner, beany more honorable and .straightfor-
ward or binding on the government? Instead of contracting for the construction of the road as
all other roads have been built, what do they do? A, B, C, and D are the stockholders of the com-
pany. A, B. C, and D, under a charter from the State of Pennsylvania, organize themselves into a
company called the Credit MobUier of America. A, B, C, and D, stockholders, enter into a con-
tract with the Credit Mobilier to build this road at fabulous prices, and the Credit Mobilier let out
the contract at the lowest figure at, which the road can be built, making a clear profit of the differ-
ence between the price at which the contract is taken and the price actually paid to those who do
the work, a sum I am assured that will not fall short of many, many million dollars. It will readily
be seen from this that the companj^ practically contracts with itself to build the road, and
that the enormous figures they exhibit as representing the cost of the road are absolutely
fictitious."

March 25, 1868 (see Globe, volume sixty-seven, pp. 2109, 2113), the resolution was again in order
and was debated at length. Mr. Price answering Mr. Washburne, and Messrs. Garfield, Scofield,
and Dawes took part in the proceedings. Mr. Price n-.oved to refer the resolution to the Pacific Rail-
road Committee, and demanded the previous question. Pending the previous question the House
adjourned.

ilfarc/i 26, 1868 (see Globe, volume sixty-seven, p. 2129), the subject was resumed. Mr. Wash-
burne, of Illinois, asked further time for debate, as there was no quorum. This was resisted, and
Mr. Washburne moved a call of the House; and upon division there were— ayes 33, noes 55; no
quorum voting. Tellers were ordered, and announced— ayes 40, noes 61. Mr. Washburne de-
manded the yeas and nays, and they were ordered; and on a motion for a call of the House there
were— yeas 45, nays 86, not voting 58.

Among the yeas were Messrs. C. C, Washburn andE. B. Washburne.

Among the nays, Messrs. Atlison. Ames, Bingham, Boutwell, Dawes. Dodge, Eliot, Hooper,
Kelly, Scofield, Twichell and James F. Wilson.

Among those not voting, Messrs. Blaine, Brooks, and Garfield.

The previous question was seconded, and on ordering the main question on referring the resolu-
tion, the yeas were 73, the nays 54, not voting 62.

Among the yeas were Messrs. Allison, Ames, Bingham, Boutwell, Dawes, Dodge, Eliot, Hooper,
Kelley, Twichell, and James F. Wilson.

Among the nays, Mr. E. B. Washburne.

Among those not voting, Messrs. Blaine, Brooks, Garfield, and Scofield.

So the main question was ordered.

And thereupon the following proceedings occurred:

Mr. Holman; I rise to a privileged question. I make the request that under the twentv-nintb.

THE CREDIT MOBILIER FRAUD. 7 1

rule of the House the gentlemen who are interested in the result of this question may be permitted
to withdraw their votes. If it be proper I make that point now.
The Speaker :

THAT POINT CANNOT BE MADE

dnrlng a roll-call, as the gentleman from Indiana is aware.

Mr. Holman: Must it oe made before the roll-call ?

The Speaker: It must; it cannot be made while the roll-call continues, and the roll-call con-
tinues until the Chair announces the result. Otherwise there might be roll-calls within roll-calls,
the yeas and nays being ordered on th*; questions arising undertime point of order.

The vote was then announced as above recorded.

The question recurred on the motion to refer to the Committee on the Pacific Bailroad.

Mr. Washbiirne, of Illinois, demanded the yeas and nays.

Tiie .yeas and nays were ordered.

Mr. VVashbume, of Illinois: I ask that this vote shall be considered as a test vote on this
question. Those in favor of the resolution will vote-
Mr. Price: I call the gentleman to order.

The Speaker: Debate is not in order.

Mr. Holman: I now rise for the purpose of asking the clerk to read the twenty-ninth rule of the
House.

The clerk read as follows:

No member shall vote on any question in the event of which he is immediately and particu-
larly interested, or in any case where lie was not within the bar of the House when the question
was put.

Tlie question was taken; and it was decided in the affirmative— yeas 83, nays 49, not voting 57.

Among the yeas, Messrs. Ames, Bingham, Boutwell, Dawes, Dodge, Eliot, Hooper, Twichell,
and James F. Wilson.

Among the nays, Messrs. Holman, and C. C. Washburn and E. B. Wash"burne.

Not voting, Messrs. Blaine, Brooks, Garfield, and Scofield.

So the resolution was referred to the Committee on the Pacific Railroad, and Mr. Wilson, of
Iowa, moved to reconsider and lay on the table; which was done.

WASHBUUNE STILL MORE FULLY EXPOSES THE GREAT FRAUD.

The resolution to regulate freight and passenger tariff on the Pacific railroads
having been referred, as above stated, to the Committee on the Pacific Railroads,
which was constituted entirely in the interest of these corporations, Mr. E. B.
Washburne, in order to have an opportunity to more fully expose the character
of the corporations and individuals which were being enriched out of the govern-
ment subsidies, called up a motion, submitted on the 26th of February by Mr.
Washburne, of Wisconsin, to reconsider the vote by which the letter of the
Secretary of the Treasury relative to the Union Pacific Railroad was ordered to
be printed. This gave Mr. E. B. Washburne and Mr. C. C. Washburne an op-
portunity to speak. Mr. Washburne, of Illinois, reviewed at length the resolution
of 1864, quoting liberally from a speech made by him at the time that bill was
pending, and showing under what circumstances it passed the House.

He said :

No gentleman who was here at that time will ever forget the extraordinary scene which was
presented. The lobby mustered in its full force. I saw nothing here of the shameful means which
It is alleged were used in a confidential way to carry through tliis bill ; but I do say that the scene
was one of the most exciting and animated that I have ever witnessed, in a service of nearly 16
years. The galleries were packed wiih people interested in the measure ; by lobbyists, male and
female ; by shysters and and adventurers, hoping for something to turn up.

Your gilded corridors were filled with lobbyists who broke through the rules and made their
way upon the floor and into the seats of members. I undertook to show by the Senate document,
which I held in my hand, the amount of the liability for bonds issued and interest thereon, after
the law for the purpose of building the Pacific Railroad, would be $95,088,000, but which document
I am advised somewhat overstates the amount as the estimate was made upon a greater number of
miles ihan the real length of the road. In my speech on that occasion I compared the different
sections of the original law of 1862 with the modification proposed by the Act of 1864, which we
were then considering.

Mr. Washburne then proceeds in his speech to quote what he stated in 1864;
how he moved to strike out all of the bill of 1864, that part which subordinated
government liens, and made its bond a second mortgage in the property of the
railroad. He quoted the yeas and nays by which his proposition was rejected.
They were as follows :

Yeas— Messrs. Ancona, Arnold, Bailey, John D. Baldwin, Boutwell, Cobb, Creswell, Dawson
Denison, Eden, Edgerton, Farnsworrh, Hale, Hardinsr, Harrington, Herrick, Holman, William
Johnson. Orlando Kellogg, Kernan, Law, Marcy, McDowell, Morrison, Nelson, John O'Neil, Orth.
Rogers, Edward , Scofield, Sloan, Spalding, Stiles, Thayer, Tracy, Opson, Elihu B. Wash-

burne, and Joseph W. White— 38.

72 THE CREDIT MOBIHER FRAUD.

Nays— Messrs. Allison, Ames, Anderson, Ashley, Baxter, Beaman, Blaine, Blair, Blow, Boyd,
Brooks, Broomall. Ambrose W. Clark, Cole, Thomas T. Davis, Dawes, Deming, Dixou, Donnelly,
Drigo's Eckley, Eldridge, Eliot, English, Finck, Gooch, Griswold, Benjamin G. Harris, Higby,
Hotchkiss, Asahel W. Hubbard, John H. Hubbard, Hnlbard, Julian, Kelley, Francis W. Kellogg,
Knapp Knox, Le Blond, Littlejohn, Long, Longyear, Marvin, McBride, McClurg, Samuel F. Miller,
Morrill', Daniel Morris, James R Morris, Amos Myers, Leonard Myers, Noble, Norton, Charles
O'Neil Perham, Pomerov, Price, Samuel J. Randall, John H. Rice, James S. Rollins, Ross,
Schenk, Scott, Shannon, Smithers, John B. Steele, William G. Steele, Stevens, Stnart. Sweat, Van
Valkenburgh, Ward, William B. Washburn, Webster, Whaley. Wheeler, Williams, \V ilson, Wm-
dom, Winfield, and Benjamin Wood {Congressional Globe, vol. 53, page 3,844).

He also quoted the yeas and nays on the passage of the bill, which were as

follows :

Yeas— Messrs. Allison, Ames, Ashley, Augustus C. Baldwin, Beaman, Blaine, Blair, Blow,
Brandegee, Brooks, William G. Brown, Ambrose W. Clark, Coffroth, Cole, Creswell, Thomas T.
Davis, Dawes, Deming, Dixon, Donnelly, Eliot. English, Fenton, Garfield, Griswold. Hale, Hi^-
by. Hooper, Asahel W. Hubbard. John H. Hubbard, Hulburd, Jenckes, Julian Kalbfleisch, Orlando
Kellogg, Knox, Littlejohn, Loan, Longyear, Marvin, McBride, McClurg, Moorhead. Morrill, Mor-
rison, Amos Myers, Noble, Odell, Charles O'Neill, Patterson, Perham, Pomeroy. Price, John H,
Rice, Ross, Schenck, Shannon, Sloan, Smithers, John B. Steele, William G. Steele, Stevens,
Stuart, Sweat, Thayer, Upson, Webster. Wilson, Windom, and Benjamin Wood— 70.

Nays— Messrs. Ancona, Bailey, Bliss, Boutwdl, Chandler, Dawson, Denison, Eden, Edgerton,
Gooch, Grider, Harding, Harrington, Benjamin G. Harris, Holman, Philip Johnson, Kernan,
Knapp, Law, Le Blond, Mallory, Marcy. McDowell, McKinney, John O'Neill, Orth, Radford,
Robinson, Rogers, Edward H. Rollins, Scofield, Styles, Thomas, Elihu B. Washburn, William B.
Washburn, Chilton A. White, Joseph W. White, and Fernando Wood— 38.

WASHBURNE TELLS AVHO VOTED FOR THE ACT OF 1864.

Mr. Wasburne then said :

The members of the present Congress who voted foi' the bill were as follows : Allison of Iowa,
Ames of Massachusetts, Ashley of Ohio, Baldwin of Massachusetts, Beaman of Michigan, Blaine
of Maine, Brooks of New York, Dawes of Massachusetts. Dixon of Rhotle Island, Donnelly of
Minnesota, Eliot of Massachusetts, Garfield of Ohio, Griswold of New York, Higby of California,
Hooper of Massachusetts, Hubbard of Iowa, Jenckes of Rhode Island, Julian of ludiana. Loan of
Missouri, Marvin of New York, McClurg of Missouri, Moorhead of Pennsylvania, O'Neill of Penn-
sylvania, Perham of Maine, Pomeroy of New York, Price of Iowa, Ross of Illinois, Schenck of
Ohio, Stevens of Pennsylvania, Upson of Michi<?an, Wilson of Iowa, and Windom of Minnesota.

Those members of the present Congress who voted in the negative were as follows ; Boutwell
of Massachusetts, Chanler of New York, Holman of Indiana, Orth of Indiana,. Scofield of Penn-
sylvania, Washburne of Illinois, Washburn of Massachusetts, and Fernando Wood of Now York.

The bill then went to the Senate and came back with amendments, upon which a Committee of
Conference was ordered. On the 1st of July the Committee of Conference reported, bringing up
such new matter as would, in my opinion, be in violation of every rule which governs Committees
of Conference In legislative bodies. Gentlemen, by turning to the Globe, volume fifty-three, page
3480, will see that the new matter so inti-oduced covers nearly a page of nonpareil. And this re-
port, changing so materially the bill as acted upon by the House and Senate, was gagged through;
the opponents of the measure wore not permitted to have it printed and postponed so that they
could see what it was. I struggled in vain for the printing of the report, and for its delay until the
members of the House could have an opportunity of reading it; but the gentleman from Penn-
sylvania (Mr. Stevens) demanded the previous question, which was seconded and the main
question ordered to be put ; and it would seem Incredible that in a matter of legislation involving
interests so vast and i^ledging amounts of money so enormous, even the yeas and nays were
refused — that even tellers were refused. I read from the proceedings as reported in the Globe,
volume fifty-three, page 3481 :

"Mr. Washburne, of Illinois, demanded the yeas and nays; on agreeing to the report ; and
tellers upon the yeas and nays.

" Tellers were not ordered, and the yeas and nays were not ordered.

" Mr. Washburne, of Illinois, demanded tellers on agreeing to the report.

" Tellers were not ordered.

" The report was agreed to."

Thus ends the story of the action of the House touching this extraordinary legislation, which
will go into the history of the country.

FURTHER DISCUSSION IN 1868.

On March 12th, 1868, the Committee on Pacific railroads reported back a sub-
stitute for Washburne's resolution which had been referred to it on March 2Gth,
1868. This substitute provided that the government should not attempt to
regulate the freight and passenger tariffs on the Pacific railroads until they were
completed, and provided further also that the charges for freight should never
be reduced below 8 cents per mile for freight and 6 cents per mile for passengers.

In discussing this proviso Mr. Van Wyck of New York said :

Now, what do we see from the company's report? That a road eleven hundred miles in length,
by their own report, is to be built, which will cost, with all their fabulous prices for construction,
$82,000,000. That is the cost according to their report. And then they show what they have to
build this road with. They have of the United States bonds, $29,000,000; of first mortgage bonds,

THE CREDIT MOBILIKR FRAUD. 73

$29,000,000; of capital stock paid in, $8,000,000; of land grante, fourteen millions eight hundred
thousand acres, which at $1.50 per acre, amounts to $21,000,000, making in all $88,000,000.

Now, mark, they say the cost of eleven hundred miles is $82,000,000, and yet they have $88,-
000,000 to build it. So they will have $6,000,000 more in their treasury when the road is com-
pleted than they have resources to build it. Of that $88,000,000, $8,000,000 is money which they
have put in their hands for building the road; so that when it is finished they will have paid out,
according to their own figures, only $2,000,000 to build it.

But this road does not cost $82,000,000. These gentlemen have made contracts with themselves,
whereby they pay double the amount to build tlie road that it ought to cost. They have contracted
to build it for the first five hundred miles at $50,000 per mile; and the government commissioners,
who certainly are not unfriendly to these parties, in speaking of this matter, dated July 8, 1865,
say:

" In October, 1864, when we assumed the duties .of our appointment, we found that in the
months of August and September previous a contract had been arranged and consummated by the
executive committee, in which are vested the powers of the board when not in session, for the
construction and equipment of the first one hundred miles of the road west of the Missouri river
-at the rate of $50,000 per mile, payable $5,000 per mile in the stock of the company, and the bal-
ance in the currency bonds of the government and the securities of the company. Prom the first
the contract price appeared to us to be very high. At present, with the probable decline in the
cost of labor and materials, and advance in the value of government bonds, it seems extravagant."

Another commissioner reports, on the 26th of August, 1865, that the balance of the five hun-
dred miles could be built at a small cost compared with the rate at which the first one hundred
miles were contracted. And yet $50,000 per mile has been paid for building the road, which could
not have cost over $25,000.

The eastern division, a more expensive road, cost less than $30,000 to build it. The Atchison
branch has cost less than that.

MR. VAN WYCK SAID THAT THE CREDIT MOBILIER WAS A RING TO ROB THE GOV-
ERNMENT.

These men, then, do not go outside of their own corporation to make contracts. They have
created a Credit Mobilier. They have created a ring inside the corporation. Look. In 1864 there
were one hundred and twenty-five stockholders in this Pacific Railroad, holding two thousand
shares of stock. In January, 1866, there were one hundred and twenty-three stockTiolders, holding
twenty-eight thousand shares of stock. In the report which these gentlemen were required to
make they named the stockholders and the amount of stock held. In the last report the number
of stockholders had dwindled down to fifty-three, and they do not state the number of shares they
own. Only fifty-three stockholders, a year and a half ago, owning a road representing $100,000,000
of capital ! It takes twenty of these stockholders to make a directory, so that you have thirty out-
side. Sir, they have demonstrated that the obstacles in the way of the construction of this road
have passed away. The company is now drawing a triple subsidy of $96,000 a mile for building
what was said to be the most " difticult and mountainous " part of the road. From the foot of the
Black Hills, which are claimed to be the base of the Rocky Mountains, they run about forty-five
miles aud then strike the Laramie plain and run one hundred miles almost on a level, and on these
one hundred and fifty miles they are receiving the triple subsidy.

Mr. Johnson, of California: The Central Pacific division of that great road is now charging
the people of the State of California fifteen cents a mile for freight, and ten cents a mile lor pas-
sengers.

Mr. Washburne, of Illinois: In gold?

Mr. Johnson, of California: In gold. The net proceeds of that road, which is about ninety
miles in length, Avere last year nearly one million and a half dollars. In a very short time that
road, like a mighty vortex, will drink up all the wealth of our new and growing state. Now, Mr.
Speaker, if there is any honest intention on the part of this House to protect our people against
this oppression, I ask that the demand for the previous question be voted down, and allow this
amendment to be made, restricting this corporation, and not leaving them the latitude of the. four
winds.

Mr, Clarke, of Kansas: A tthe moment the merchants of the city of Topeka are transporting
their freight by oxen and horse teams to the city of Leavenworth— a distance of forty-five or fifty
miles— instead of sending it by railroad

END OF A BRAVE CONTEST FOR THE RIGHT.

After further debate the following votes were taken, May 12, 1868 (see Olobe, vol. 67, pp.
•3428-29).

On Mr. Farnsworth's motion to recommit, the yeas were 62, nays 59, not voting 58.

Among the yeas, Messrs. Ames, Brooks, Dodge, Eliot, Hooper, Kelly , Scofield, and Twichell.

Among the nays, Messrs. Allison, Blaine, Butler, Garfield, and James F. Wilson.

Among those not voting, Messrs. Bingham, Boutwell, Dawes and C. C. Washburne.

The next question was on motion to amend the substitute by striking out the proviso, on which
the yeas were 75, nays 48. not voting 66.

Among the yeas were Messrs. Holman and E. B. Washburne.

Among the nays. Messrs. Allison, Ames, Brooks, Butler, Dodge, Eliot, Garfield, Hooper, Sco-
field, Twichell, and James F. Wilson.

Among those not voting, Messrs. Bingham. Blaine, Boutwell, Dawes and Kelly.

And thereupon a further amendment was adopted and the substitute for the resolution passed
•without division.

It went to the Senate, was referred to the Committee on the Pacific Railroad, and there it slept
the sleep that knows no waking." • u* #

Thus was begun, prosecuted', and ended one of the bravest contests ever made for the rights or
the people.

THE PROFITS OF THE CREDIT MOBILIER.

Up to this time the Credit Mobilier had received the profits in the construction
of the Union Pacific Railroad through the original Hoxie contract, which were

74 THE CREDIT MOBILIEK FRAUD.

$5,168,233.91. In addition it received $1,104,000, which was paid to the concern
under resolution of January 5, 1867 {aee jxige^ 6, 7 arud 8, WiUon Report, Credit
Mohilier Investigation). Also the profits from the Oakes Ames contract, amoimt-
ing to $29,854,141.99.

This brings us to November 1, 1868. We have shown from the CongressionaX
Olobe that General Garfield must have been familiar at this time with the true
character of the Credit Mobilier and its connection with the construction of the
Union Pacific Railroad.

On November 1, 1868, a contract was made with James W. Davis to construct
the remainder of the Union Pacific Railroad from the point where the Oakes
Ames contract left off to the junction with the Central Pacific Railroad. The
report of the Wilson Credit Mobilier Committee (see Report No. 78, H. R., 42d
Congress, M session, pages 13 and 14) says of the Davis contract:

This was a contract made with J. W. Davis, a man of little, if any, pecuniary ability (and not
expected to perform the contract), for the construction of that part of the road beginning at the
western terminus of the "Ames contract" and extending to the western terminus of the road, a
distance of one hundred and twenty-live and twenty-three one hundredths miles. It was upon
the same terms as the Ames contract, and was assigned to the same board of trustees.
Under it the remainder of the road was constructed, and from a balance-sheet taken
from the books of the railroad company, it appears that the cost to the railroad

company was $23,431,768 10'

And from a balance-sheet taken from the books of the trustees, that the cost to the

contractor was 15,629,633 62

Your committee present the following summary of the cost of this road to the Railroad Com-
pany and to the contractors, as appears by the books:

COST TO THE RAILROAD COMPANY.

Hoxie contract .$12,974,416 24

Ames contract 57,140,102 94

Davis contract 23,431,768 10

Total $93,546,287 2g

COST TO THB CONTRACTORS.

Hoxie contract $7,806,188 33

Ames contract 27,285,141 99

Davis contract 15,629,633 62

50,720,958 94

$42,825,328 34
To this should be added amount paid Credit Mobilier, on account of 58 miles 1,104,000 00

Total profit on construction $43,925,328 34

The balance-sheets, from which the foregoing results have been obtained, were made out by
Mr. Crane and Mr. Ham, accountants familiar with the books and with most of the transactions.
Your committee have earnestly endeavored to get the exact cost of the road to the company and
to the contractors, and if they have failed it is because those who should know and have had th«
opportunity to inform thf> committee have failed to give the information. The books have been
kept in such a way, and the transactions have been of such a character, as that their true nature-
has been very much disguised.

THE RING COMES TO CONGRESS AGAIN FOR PROTECTION.

It was known to everybody in the country who took any interest in these
matters, and as we have shown, to every member of Congress, Gen. Garfield in-
cluded, that the men interested in the Union Pacific Railroad were making
enormous profits by building it through the medium of the Credit Mobilier of
America. The notorious Jim Fisk and his associate Jay Gould, had obtained
some sort of an interest in the Union Pacific Railroad and wanted to force them-
selves into the Oakes Ames ring. They began proceedings in the New York
courts, and Judge Barnard issued various injunctions and restraining orders to
compel tlie Union Pacific Railroad Company and the Credit Mobilier of America
to state accounts, and all interested with Ames were dreadfully frightened.
Nothing could save them from a frightful exposure but Congressional legislation.
Accordingly they came to Congress for relief. It was natural that they should
come there, for Ames, as he had said in his letter to McComb, bad placed the
stock of the Credit Mobilier, " ichere it will produce mostgoodtous, I think.'"

THE CREDIT MOBILIEB FRAUD. 75

On March 15th, 1869, Mr. Bingham, of Ohio, Chairman of the Judiciary Com-
mittee and one of the members of the House to whom Ames had given Credit
Mobilier stock, asked unanimous consent to introduce the following joint resolu-
tion :

Joint resolution for the protection of the interests of the United States in the Union Pacific Rail-
road Company and for other purposes.

Whereas, the proceedings of the regular annual meeting of the stockholders of the Union
Pacific Railroad Company, convened in the city of New York on the 10th day of March, 1869.
were interrupted by an ex-parte injunction, issued by a Justice of the Supreme Court of the state
of New York, before the business of said meeting was concluded and before the time for closing
its proceedings ; and

Whereas The government of the United States is largely interested in the proper management
of the affairs of said company, and in a strict observance and proper administration of the laws
organizing and governing the same ; and

Whereas, Important legal questions may arise as to the validity of the acts of the meeting
interrupted as aforesaid ; therefore

Be it Resolved, By the Senate and House of Representatives of the United States in Congrsss
Assen^bled, That the said meeting of the stockholders of said company mentioned in the preamble
of this resolution, be and the same is hereby declared to have been lawfully convened and organ-
ized, and that the resolution adjourning the same, to meet in the city of Washington, on Thursday,
the 10th day of March, 1869, and fixing the city of Boston as the place for holding the annual
meeting of the stockholders, for the year 1870, be and the same is hereby declared valid, and of
full legal force ; and the said stockholders who convene in said adjourned meeting, in the city of
Washington as aforesaid, or in any adjourned meeting thereto to be held within one month at
Washington or Boston, are hereby required to elect a Board of Directors for said Company for
this year, and after their successors shall have been elected and qualified, they may then transact
such other business as they are required to do, or may lawfully do ; and every stockholder at such,
meeting shall be entitled in person, or by proxy, to cast one vote for each share of stock lawfully
held by him and standing in his name on the books of the company on the first day of March,
1869 ; and in all proxies given to be used at the said meeting of the tenth of March, 1869 ; which
were given on or since the first day of September, 1868, and none other shall be good and valid
at the adjourned meeting to be held on the 18th day of March, 1869, and at any adjourned meeting
thereof, and may be used thereat with the same effect as they could have been used at the meeting^
of the 10th of March, 1869 ; but nothing in this resolution shall be construed to effect or limit
the right of any stockholder who has given any proxy to vote his stock in person, or his right to
revoke his proxy, by giving one of a later date, or otherwise ; but the right of any stockholder then
to vote for himself, or to so revoke his proxy previously given, is hereby fully confirmed and
established.

Provided further. That on the election of the directors herein provided for, the term of office
of all persons then acting or claiming the right to act as directors of the said company, except the
government directors, shall cease and terminate.

And provided further. That the Board of Directors of the Union Pacific Railroad Company
shall have power, whenever in their judgment the interests of the company or of the government
of the United States may require it, to remove the general office of said company and all the books,
papers and effects from the city of New York to either of the cities of Boston, Philadelphia,
Cincinnati, Chicago, St. Louis, Council Bluffs, or Omaha, and in no manner shall a free exercise of
said judgment to remove be restrained :

Provided further. That no court, other than the United States Circuit or District Court,
shall have power or jurisdiction to enjoin any of the acts in this resolution, authorize or appoint a
receiver for or on account of any of the rights, property, assets, and effects or interests of tha
said Union Pacific Railroad Company in any case in which the defense rests on the constitution or
any law or treaty of the United States ; and all actions in any court, so far as in conflict with this
clause of the resolution, shall, upon the application of the said Union Pacific Railroad Company or
any person interested therein as a bona fide stockholder, be removed to the United States District
or Circuit Coxirt having jurisdiction in the district within which said action or actions may arise,
which said application to remove may be made directly to said United States District or Circuit
Court, and the joining of other parties to the said company shall not affect the right of said Com-
pany to remove such application or its right to have such cause or causes removed as aforesaid.

And provided further. That the annual meeting of the stockholders of the said Union Pacific
Railroad Company, after the meeting provided for, as aforesaid, to be held in the city of Boston in
the year 1870, may be held either in the cities of Boston, Baltimore, Philadelphia, Washington,
Cincinnati, Chicago, Omaha, or St. Louis, as may be determined by the said stockholders at tb»
next preceding annual meeting.

*76 THE CREDIT MOBILIER FRAUD.

HOW THE RI2sG WAS PROTECTED.

It will be observed that this joint resolution, among other things, legalized the
proceedings of the director's meeting at New York, which had been broken up
by an injunction issued by Judge Barnard, restraining the officers and directors of
the Union Pacific Railroad Company from holding such a meeting. It will also
be observed that it was provided that an adjourned meeting of the directors
might be held in the city of Washington, which, under the charter of the rail-
road company, would not have been possible without this special legislation. It
will also be further observed that this resolution in effect placed the Union
Pacific Railroad corporation on wheels, and allowed it to be run about the coun-
try as Oakes Ames and the principal managers of it might deem expedient, in
order to avoid legal process issued on the petition of bona fide stockholders
whom they were defrauding through the Credit Mobilier of America. At this
very time the officers of the Union Pacific Railroad Company and of the Credit
Mobilier of America were hiding in out-of-the-way places to avoid legal process.
The books of these two companies had been in defiance of the restraining order
of the Supreme Court of the state of New York, abstracted from the company's
offices and carried first to New Jersey, thence to Philadelphia, and subsequently
to the city of Boston. Moreover, as was proven in the two investigations or-
dered by the House of Representatives at the third session of the Forty-second
Congress, some of the most important books of the Credit Mobilier Company
were lost or pretended to be lost during the time they were being carried about
the country, and to this day the officers of this company aver that they do not
know of their whereabouts ; and still further during this time $500,000 belong-
ing to the Union Pacific Railroad Company, part of them being the bonds
indorsed by the government, and the balance the first mortgage bonds of the
railroad company, were lost and have never been accounted for, although it has
been shown by competent testimony that the interest on a portion of these bonds
is regularly drawn by some of the officers of the railroad company.

When the resolution above quoted had been read in the house on March 15, 1869—

Mr. Axtell of California said : I object to the consideration of the joint resolution.

Mr. Bingham : I move to suspend the rules in order to introduce the joint resolution.

Mr. Wood : Mr. Speaker, I doubt whether the House understands this resolution.

Mr. Bingham : I object to debate.

The question being put on suspending the rules there were— ayes 90 ; nays 47.

Mr. Bingham : I call for tellers.

Tellers were ordered, and Messrs. Bingham and Axtell were appointed.

The House divided and the tellers reported— ayes 96 ; nays 28.

So, two-thirds having voted in favor thereof, the rules were suspended.

The joint resolution (H. R. No. 6). for the protection of the interests of the United States in
the Union Pacific Railroad, and for other purposes, was read a first and second time, was ordered
to be engrossed and read a third time, and being engrossed it was accordingly read a third time.

Mr. Bingham : I demand the previous question on the passage.

Mr Wood : Is it now in order to refer the resolution to the Committee on the Pacific Railroads ?
The Speaker: It is not. If the previous question is not sustained, the Chair will then entertain
that motion.

The previous question was seconded and the main question ordered.
Mr. Wood : I demand the yeas a
The yeas and nays were ordered.

Mr. Wood : I demand the yeas and nayi

The yeas and nays were ordered.

The question was taken and decided in the affirmative. Yeas 99, nays 32 ; not voting 66.

Among those who voted in the affirmative, were, Ames, Banks, Bingham, Dawes, Garfield, Kelly,
and Scofield.

THE CREDIT MOBILIER IN THE SENATE.

The resolution having passed the House, it went to the Senate. When it came
up there for debate, Mr. Stewart of Nevada, in the course of a remarkable speech
«aid :

Mr. President : This extraordinary measure must have emanated from some extraordinary
set of facts. Here is a great corporation, in the first place, asking Congress to place it on wheels—
to send it all over the country. In the next place, it asks Congress to exempt it from the jurisdic-
tion of the courts, and confer upon it special privileges. If there is anything clear in law, if there
Is any rule of law that has been determined since the foundation of the government, it is that a

THE CREDIT MOBILIER FRAUD. 77

corporation, no matter whether the government holds stock in it or not, is aubiect to all the inci-
dents of every other corporation. It was claimed on the part of the Unitea States Bank, that
because the government of the United States was the largest stockholder, it could be taken out of
the state courts ; that it could be endowed with certain extraordinary privileges ; but Chief Justice
Marshall took hold of that question and laid down the law in a manner that has never been doubted
until now.

By this resolution the House of Representatives proposes to endow the Union Pacific Railroad
with rights above all the laws of the states, and not only that, but to allow it to travel all over the
United States ; to give it a roving mission and to liberate it from the jurisdiction of the state
courts. If the government of the United States can establish such a corporation for one purpose
they can for all purposes, and vou have no United States at all. The power exists in the general
government to carry on everything by one corporation if this resolution be constitutional.

EXTRAORDINARY LEGISLATION FOR THE BENEFIT OF THE UNION PACIFIC ROAD.

Why are we called upon for this extraordinary legislation f Since the formation of the Union.
Pacific Railroad Company we have given it some legislation in this direction. We passed a joint
resolution when they had another election up. The tJnion Pacific Road got into dilflculty in 1867,
and they came to Congress for relief and Congress passed this resolution.

"JSe it resolved, etc.. That the time of holding the annual meeting of the stockholders of the
Union Pacific Railroad Company for the choice of directors is hereby changed from the first Wed-
nesday in October to the first Wednesday after the fourth day of March, and the stockholders are
authorized to determine the place at which such annual meeting shall be held at the last annual
meeting of the stockholders' meeting preceding such annual meeting : Provided the same shall be
held in either of the cities of New York, Washington, Boston, Baltimore, Philadelphia, Cincinnati,
Chicago, or St. Louis ; and provided further that on the election of directors herein iirovided for to
take place in March, A. D. 1868, the terms of office of all persons then acting or claiming the right
to act as directors of said company shall cease and terminate."

(This is the same resolution that Mr. Dawes passed through the House of
Representatives, 16th of December, 1867, the proceedings in regard to which have
heretofore been given).

Mr. Stewart further called attention to a remarkable act of Congress which was
passed in July, 1868, at the solicitation of the Pacific Railroad Ring. This was
the time their first litigation began in New York.

SENATOR STEWART TELLS ALL ABOUT CREDIT MOBILIER.

Mr. Stewart said • They got into law suits and then came to Congress in July, 1868, and said
somebody was going to eat them up directly unless they could get a law passed to take them out of
these horrid state courts ; and in the last days of the session of Congress did actually pass the
following very remarkable law, the constitutionality of which is very doubtful :

"That any corporation or member therof, other 'than a banking corporation organized under a
law of the United States and against which a suit at law or equity has been or may be commenced
in any court other than a Circuit or District Court of the United States for any liability or
alleged liability of such corporation, or any member thereof, as such member, may have such suit
removed from the court in which it may be pending to the Circuit or District Court of the United
States, upon filing a petition therefor, certifying by oath either before or after issue joined, stating
that they have a defense arising under or by virtue of the Constitution of t he United States, or of
any treaty or law of the United States, and eivinggood and sulficient surety for entering in any such
court. On the first day of its session copies of ali proceedings, pleadings, depositions, testimony
and other proceedings in said suit shall be entered, and doing such other proper acts as are required
to be done bv the act entitled 'An act for tlie removal of causes in certain cases from state courts,
approved July 27, 1866,' and it would be the duty of the Court to accept the surety and proceed no
further in the suit ; and the said copies being entered, as aforesaid, in such court of the United
States, the suit shall then proceed in the same manner as if it had been brought there by original
process ; and all the provisions of said act in this section referred to respecting any bill, attach-
ment, delay, injunction, or other restraining process, and respecting any bonds of indemnity of
other allegations given upon the issue or granting of any attachment, injunction or other restrain^
ing process, shall apply with like force and effect in all respects to similar matter, process or
things, in the suits for the removal of each, which the act provides."

A REMARKABLE DOCUMENT — MORE REVELATIONS.

This was passed at the instance and for the benefit of the Union Pacific Railroad Company. Now,
"why are they in these difllculties ? I have in my hand a paper which will illustrate the beginning
of this trouble. As they are calling upon Congress for this extraordinary legislation, I desire to
have this paper read, and 1 wish to call special attention to this document, for I do believe that in
this controversy the dignity and honor of Congress and of the country are more or less involved.
I ask for the reading of the document, which I send to the Chair.

" This document, which was read by the clerk at Mr. Stewart's instance, was the
agreement made on the 16th day of October, 1867, between the seven trustees
under the Oakes Ames contract, by which these men, who held a majority of the
stock of the Union Pacific Railroad, pledged themselves to protect their mutual
interests in this contract by voting at each annual stockholder's meeting the direc-
tors who were then holding office, in order that there might be no interference
with the Oakes Ames contract, the profits of which were to be shared pro rata
with these seven trustees, according to their respective interests.

78 THE CREDIT MOBILIER FRAUD.

After the reading of this document Mr. Stewart went on to say, that he had
also a paper purporting to be a bill in equity, filed by James Fisk against the
officers of the Union Pacific Railroad, setting forth that there is a conspiracy
between a certain body of people styled the Credit Mobilier, a ring consisting of
the members of the Union Pacific Railroad Company ; that these men have reaped
immense profits from this arrangement, to the injury of other stockholders who
were not in the ring; that some thirty millions of dollars have been obtained and
divided in this way.

In commenting upon this Mr. Stewart said :

" / have heard it stated that leading members of the Committee on, Pacific RaMroads in the House
were not only in the Union Pacific, but in this identical Credit Mobilier, 'and were tfi£ recipients of
enormous dividends, and I have not heard it denied. It is further stated, that for that very
reason the thing ivould never be investigated • and it is said you want to take it out of the courts,
you want to stifle investigation everywhere. Are we prepared to place Congress in that situation,
if there is anything wrong about this matter. {See Congressional Globe, first session. Forty-first
Congress, pp. 303, 305.)

The next day, when the resolution was again under consideration, Mr. Stewart
said that he had called attention to some singular and rather remarkable paper
connected with the Credit Mobilier, and a memorandum of agreement with cer-
tain stockholders of the Union Pacific Railroad Company. Since then he had
looked farther into the subject, and he had some more revelations to make to the
Senate. He then read the title of Mr. McComb's bill in equity against the Credit
Mobilier, and also some extracts from tlie body of the bill itself. He called par-
ticular attention to the fact that Ames was charged with having 343 shares as a
secret trust for persons whose names do not appear on the books of the company,
and the allegation that he was distributing the dividends among unknown
parties. Thus it will be seen that the scandal of the Credit Mobilier and Oakes
Ames' distribution of the stock of the same among members of Congress was,
«s far back as 1869, gravely discussed in Congress.

WHAT THE FACTS PROVE AGAINST GARFIELD.

The foregoing facts, compiled from the ofiicial record, establish beyond per-
adventure, in regard to Gen. Garfield, the following points:

Mrst. He was a member of the Thirty-eighth Congress when the Act of 1864
^as passed. The character of that legislation was thoroughly exposed in the
House by Mr. E. B. Washburne of Illinois, Mr. Holman of Indiana, and other
gentlemen. Gen. Garfield knew what he was voting for.

Second. Prior to January 30, 1868, he had contracted with Oakes Ames for 10
shares of Credit Mobilier stock. This is proved by Ames' letter to McComb, of
that date.

Third. On December 9, 1867, a joint resolution was introduced in the House to
create a government commission with power to regulate the freight and passen-
ger tariffs of the Pacific railroads. It was referred to the Committee on Pacific
Railroads, and never reported to the House. On January 20, 1868, Mr, Windom
reintroduced this resolution, and it was debated then, and on March 12, 20, 25, 26,
and May 12, 1868. This debate fully elucidated the relations of the Credit Mobil-
ier of America to the Union Pacific Railroad. On every test vote in the House
upon this resolution. Gen. Garfield is shown, by the Congressional Olobe, to hava
either dodged the issue or squarely voted for the corrupt corporation.

Fourth. On March 15, 1869, after the Credit Mobilier of America had received
the profits from the Hoxie and the Oakes Ames contracts, amounting to |6,272,-
233.91, and was in process of receiving the profits of the Davis contract, which
amounted to $29,854,141.99, the joint resolution introduced by Mr. Bingham, of
Ohio, was debated and its purpose shown. The record proves that Gen. Garfield

THE CREDIT MOBILIER FRAUD. 79

voted for this resolution, wliicli was intended for the protection of the men who
were enjoying the enormous profits realized in the construction of the Union
Pacific Railroad through the Credit Mobilier of America.

FiftJi, The evidence of Oakes Ames, corroborated by that of John B. Alley,
proves that Gen. Garfield was one of the beneficiaries of the Credit Mobilier
fraud; that Judge Black, his intimate friend, said to Alley, that "he should be
very sorry to expose Mr. Garfield, who was a particular friend of his."

Sixth. That when Gen. Garfield testified before the Poland Committee, January
13, 1872, that, " 1 never owned, received, or agreed to receive any stock of tJie Credit
Mobilier, or of the Union Pacific Railroad, nor any dividends or profits arising from
either of tJiem,'' he committed perjury.

Seventh. That the unanimous report of the Congressional Committee, made by
Luke P. Poland of Vermont, N. P. Banks of Massachusetts, G. W. McCreary of
Iowa, W. E. Niblack of Indiana, and W. M. Merrick of Maryland, proves that
Gen. Garfield was a perjurer. Of Gen. Garfield's connection with the Credit
Mobilier this report says :

The facts in regard to Mr. Garjield, as found by the committee, are that he agreed with Mr. Ames
to take ten shares of Credit Mobilier stock, but did not jjaij for the same. Mr. Ames received the
eighty per cent . dividend in bonds and sold them for ninety-seven 2>er cent., and also j-eceived the
sixty per cent, cash dividend, which, together with thejirice of the stock and interest, left a balance
of $329. This »u7n ivas paid ocer to Mr. Garfield by a check on the Sergeant-at-Arms, and Mr.
OarfiMd then understood this sum was the balance of dividends after paying for the stock.

The New York Tribune commenting January 28, 1873, on the position in which
Garfield was left by Oakes Ames' testimony said:

To accept from the Credit Mobilier valuable allotment of shares at a merely nominal price ;
to lie and shuffle and prevaricate about the transaction; to concert with a witness the manufacture
of false testimony; to testify falsely under oath. These are offenses which should ruin not only
those whO'Commit, but those who apologize for them.

Again the Tribune, February 19, 1873, says:

James A. Garfield, of Ohio, had teu shares, never paid a dollar, received $329, which after the
investigation began, he was anxious to have considered as a loan from Mr. Ames to himself.

The New York Times, February 19, 1873, says ;

We do not agree Avith the committee in its lenient assumption that such knowledge was not
possessed by the Congressmen who purchased the stock. If they did not know its character they
must have been curiously deaf and blind as to what was goin^ on about them. * * »

Of the members thus referred to Messrs. Kelly and GARFIELD present a most distrewing figure.

The Cincinnati Commercial, February 3, 1873, said :

The member (of Congress), who had ten or twenty shares to his credit, was not called upon to
invest his own money, as his stock more than paid for itself. In plain word^and putting aside the
flimsy pretense of a business transaction, if. was a division of spoils taken from the munificence
of the people. No member of Congress could have been so absolutely ignorant as not to know that
8uch enormous profits were not legitim.ate earnings.

The New York Independent, the leading religious paper in the United States, in
1874, said of General Garfield:

We cannot forget that he was more deeply involved in the Credit Mobilier difHculty than any
other member of the House of Representatives, excepting of course Ames and Brooks.

80 DISTRICT OF COLUMBIyV KING AND DE GOLYER BRIBE.

THE DISTRICT OF COLUMBIA RING AND
THE DE GOLYEK BRIBE.

Gen. Garfield was the friend of the District of Columbia Ring. He was
owned by that combination of public plunderers. He was the most influential
friend they had in the House of Representatives. As Chairman of the Commit-
tee on Appropriations he was the leader of the House. In the spring of 1872, by
its profligate waste of money, the Ring was getting into deep water. The only
salvation of Boss Shepherd and his associates was to obtain large appropriations
from Congress. There was obstinate opposition to the Board of Public.Works
on the part of a respectable number of the citizens of the District. In the win-
ter of 1871-2 a Congressional investigation was instituted, which, altliough con-
trolled by the friends of the Ring, had developed damaging facts. It was neces-
sary for the safety of every member of the Ring to have in the Chairman of the
Committee on Appropriations a staunch friend. The opportunity offered. Shep-
herd was a shrewd man. He knew Gen. Garfield's value. DeGolyer & Mc-
Clellan, a firm of Chicago contractors, sent to Washington early in the spring of
1873 George R, Chittenden, to procure a contract for them from the Board of
Public Works. They controlled a patent for wood pavement. It had been tried
in Chicago and found to be worthless. A commission of eminent men, appointed
by the District government, had just previous to the advent of Chittenden pro-
nounced against all wood pavements. This did not discourage the persistent
agent of DeGolyer & McClellan. He felt the ground and returned to Chicago
and told his principals that he wanted $100,000. They agreed to furnish it. He
came back to Washington. He secured the services of Henry D. Cooke, the
Governor of the District, through a. Rev. William Calvin Brown. His main ob-
ject, however, was to reach Gen, Garfield, the Chairman of the Committee on
Appropriations. For this purpose he employed Col. Richard C. Parsons, of
Ohio. He agreed to pay Parsons $15,000 if h^ reached Garfield, and through
him obtained a contract. When he was assured by Parsons that Garfield was
retained he wrote to DeGolyer & McClellan a jubilant letter.

The influence of Gen. Garfield, he said, has been secured by yesterday's, last night's and to-day's,
labors. He carries the purse of the United States, the Chairman of the Committee on Appropria-
tions, and is the strongest man in Congress; and, with him our friend, my demand is to-day not
less than a hundred thousand more— two hundred thousand in all. Everything is m the best
shape ; the connections complete,

I can hardly realize that we have Gen. Garfield. It is rare, and very gratifying. All the appro-
priations of the District come through him.

For the service which Gen. Garfield rendered he was paid $5,000. He claims
that it was not a bribe. Let any impartial man read carefully the history of the
District Ring and the services which Gen. Garfield rendered it, and say on his honor

DISTRICT OF COLUMBIA RING AND DE GOLYER BRIBE. 81

that he believes he was paid this money save for his influence, or that he earned
it hy any other way than the exercise of his influence with Boss Shepherd.

THE HISTORY OF THE DISTRICT RING.

The District of Columbia Ring in the zenith of its power was the most per-
fectly organized, the strongest entrenched corrupt combination this country ever
saw. It not only included all the corrupt men in Congress, but all the principal
representatives of the great rings in the country were either directly interested
or were anxious to secure the assistance and friendship of its leaders. It was
primarily the conception of a few unscrupulous plotters in 1870-1. The ftood-
tide of apparent prosperity which 6et in at the close of the civil war had, at this
period, reached its greatest height. It was an era of gigantic undertakings, stu-
pendous jobs and wholesale corruption of public men. The Union Pacific Rail-
road had been completed, and the Credit Mobilier of America had pocketed
$50,000,000. The Northern Pacific Railroad had been chartered and endowed
with a landed subsidy equal in extent to the Empire of France and the kingdoms
of Spain, Portugal and Italy. Washington was full to overflowing with jobbers
and lobbyists. All the great rings which were being gorged with public plunder
had their agents and representatives at the national capital to watch events and
take care of their interests. The kings of the lobby then were Jay and Henry D.
Cooke. Their trusted, adroit general manager was the late William S. Hunting-
ton, a brilliant versatile man of exceedingly affable manners, with a genius for
jobbery, and endowed with an unsurpassed talent for bold combinations. He
was on intimate terms with many public men, and his entertainments were ex-
celled only by those of Sam Ward. Concerned in all great schemes, he saw a
grand opportunity for speculation, jobbery and money-making in the national
capital. His first effort, the passage through Congress of a charter for the
Washington and Georgetown Passenger Railroad Company, along Pennsylvania
avenue, had proved a grand success, since not long after the road was completed
it was sold to a few New York capitalists at a profit of three hundred per cent,
on the original investment.

A NATIONAL EXHIBITION JOB.

The next scheme, originated in September, 1869, was to procure a most extra-
ordinary charter from Congress for a corporation which was to hold a * * Grand
Universal Exposition of all Nations in the City of Washington in 1871." On
October 1st, 1869, President Grant was made President of the General Executive
Committee and ex-officio Chairman of the Local Executive Committee. On De-
cember 7th, 1869, the scheme was introduced into the United States Senate by
Senator Paterson, of New Hampshire, who was interested in real estate specula-
tions with the leading members of the Ring. It provided an appropriation of
$3,000,000 ; instructed the Secretaries of the Treasury and of the Navy to pro-
vide transportation by land and water ; the Secretary of the Interior to place a
public reservation at the disposal of the corporators, to grade, lay out and other-
wise improve the same, and the streets and avenues leading thereto ; the Secre-
taries of War and of the Navy were to furnish an indefinite number of soldiers
and marines to do guard duty from the commencement of the work to the sale or
final disposition of the buildings, and our ambassadors and consuls in foreign
lands were to act as agents for the corporation in securing foreign contributions.
** Give us the money to put up the buildings and the thing willruilof itself,"
said the promoters of the undertaking in their appeal for assistance. It was ap-
parent to every one that this was a wild scheme intended solely for the benefit of

82 DISTBICT OF COLUMBIA KING AND DE GOLYER BRIBE.

its originators ; yet the Senate spent day after day during tlie whole winter and
spring in its earnest discussion, and only the masterly opposition of two well-
informed and incorruptible Senators, assisted by the independent press of the
country in exposing the fraud, saved us from a national disgrace, and spoiled
this huge real estate and stock speculation. Senator Thurman termed the
scheme "a humbug, imposing an expense of five or six millions'of dollars upon
the Treasury of the United States." Finally, on June 10th, 1870, the Senate,
ashamed apparently of the earnestness bestowed upon a manifest job, quietly
passed over the bill and it was never called up again.

THE ring's royal NOTIONS.

The next great enterprise undertaken by these schemers was to provide a city
park. A sufficient extent of land along the picturesque banks of Rock Creek,
northwesterly from the city, was found to be in the hands of public-spirited citi-
zens (?) who were willing to sell tracts of it for such a meritorious object ; and in
close proximity thereto were found proper sites for a mansion and summer resi-
dence for the President of the United States, for costly edifices for the use of
members of the Cabinet, and for homes for Senators, to be erected by their
States. A resolution was introduced and rushed through Congress to have these
lands surveyed and plans perfected for laying out roads, drives, vistas and build-
ing bridges, under the direction of the Commissioners of Public Buildings and
Grounds, and the necessary funds were appropriated to enable him to pay for
this work. To do this preliminary work took General Michler, the Commissioner
of Public Buildings and Grounds, longer than the impetuous improvers were in-
clined to wait, and so this undertaking was, for the time being, suffered to re-
main in this inchoate condition. In the meantime, the Ring speculators were
quietly working up two other jobs which promised more immediate remunera-
tion. One of these impromptu schemes hurriedly passed through Congress was
the Act of May 20th, 1870, under the provisions of which the public reservation
No. 7, on Pennsylvania avenue, between Seventh and Ninth streets, worth half
a million of dollars, was, coupled with the most valuable municipal franchises,
handed over, in spite of the protest of the Mayor and City Council, to the Wash-
ington Market Company for a term of ninety-nine years, subject to the payment
of a disproportionate rental for the benefit of the Poor Fund of the District, and
to the further condition of erecting a grand monumental edifice to be used as a
City Hall. All opposition to this scheme was overcome by the exhibition of a
monstrous picture of the proposed palatial building during the debates in the
Senate and the House of Representatives. The trifling rental which was to be
paid to the Poor Fund was subsequently reduced by a legislature of which we
shall speak hereafter, and then well nigh annihilated by the act of three of the
original corporators, who nominally went out of the enterprise, and, acting as
territorial officers, made a bargain with themselves and associates, by which, be-
sides nullifying the rental obligation, they formally assumed on the part of the
District the erection of the costly building which under its charter the Market
Company was obliged to build. To commit Congress to an implied approval of
this bargain, they had, on March 3d, 1873, an appropriation of $75,000 smuggled
into the Sundry Civil Appropriation Bill, with an obscure description of reserva-
tion No. 7. With this sum they were to commence the erection of a City Hall,
but, as will hereafter be seen, this money was, in violation of law, applied to
another purpose.

A RICH BONANZA FOR PILFERING AND STEALING.

The founders of Washington planned it upon a magnificent scale. Wide streets

DISTRICT OF COLUMBIA BING AND DE GOLYER BRIBE. 83

•and avenues intersect each other, the former running from north to south, de-
signated by numbers, and from east to west by letters, crossing each other at
right angles and again are cut diagonally by avenues bearing the names of the
States of the Union. By this many public places are formed consisting of cir-
cles, triangles and squares in different parts of the city. Sections were set apart
as reservations for the benefit of the citizens and for public buildings. A number
of these had been beautified by degrees in the course of years. As these plans of
men of genius were developed it became apparent that there was a chance to gain
a cheap popularity by filching credit for originality due to bygone generations
and a rich bonanza for pilfering and stealing, since any improvement not in total
disregard of the splendid design could not fail to bring out the dormant beauties
of the city and at the same time contribute largely to the health and pleasure of
the inhabitants. The time was wonderfully auspicious ; with feeble resources
the local authorities had struggled for half a century to shape the city in the
rough while it remained a mere straggling village, a city magnificent in distances
only, so that legitimate demands for street improvements and sewerage had the
-cooperation and applause of all progressive citizens. The rapid growth of the
country during the past few years, the almost unexampled increase of wealth and
the consequent extravagant rage for display which always follows, made the par-
venu bankers, shoddy contractors, railroad corporators and lobbyists who flocked
to "Washington every winter, dissatisfied with the old-fashioned city. They com-
plained about the absence of level streets and avenues on which to speed their
fast horses and show their grand equipages. They wanted to build palatial resi-
dences in which to entice, entertain and seduce Congressmen, but gravelled streets
and macadamized avenues did not suit their fastidious tastes. The wily schemers
intent upon plunder joined in and threw out hints about "smooth and noiseless"
■everlasting patent pavements. "It was a disgrace to this great country," they
one and all said, "that the national capital was neglected in this manner. Con-
gress ought to lift it out of its mud and squalor, and make it worthy of the great
American republic."

MILLIONS MUST FLOW FROM THE PEOPLE'S TREASURY.

Men who had thrust their arms into the national treasury up to their elbows
and raked out princely fortunes at one haul, were not willing to wait for the slow
work of years and the gradual growth of the capital. No, there must be a wave
•of the enchanter's wand, millions must flow from the national treasury, and the
city rise in gorgeous grandeur for their immediate delectation. ' Congress was
debauched ; the Executive power was in the hands of a man who had as little
regard for the proprieties of the public service as he had for those of private life.
"Without a blush he accepted munificent gifts and rewarded the givers with emol-
uments and honors of high oflicial position. Offices were bestowed as Napoleon
the First parcelled out kingdoms among his kinsmen. The integrity and sense of
responsibility of official life which distinguished the better days of the Republic
were gone, and in their stead we had the low standard of barter and trade. It
was emphatically a period of bargain and sale, of speculation and jobbery ; in a
word, radical rule had become a synonym for all the vices of the shoddy society
of the day.

Washington had, as is well known, up to the year 1867, an old-fashioned muni-
cipal government, simple in its form and economical in its working, such as the
experience of centuries has shown to be the best and most inexpensive for large
cities if properly administered. Improvements within a limited range were being
made, and the people had the right to choose their own rulers. The great pro-

84 DISTRICT OF COLUMBIA RING AND DE GO LYE 11 BRIBE.

portion of the community was content with this form of government. The law»
were respected, the checks upon official power good, and tlie opportunities for
plunder small indeed. Subsequent experience has proved that all the clamor of
bold, bad men, against this old municipal government and the way it was ad-
ministered, was for the purpose of practising a deception on Congress, and thus
getting control of the District with a government they could manage for schemes
of plunder under the pretence of improving the city. By buying up the local
press they had gained a powerful influence for evil, and they used it diligently to-
promote their designs on the public treasury.

THE FORM OF GOVERNMENT CnANGED TO GET RID OF NEGRO SUFFRAGE.

The District of Columbia had been since the war a harbor of refuge for the
colored people, and for some years past they constituted one-third of the whole
population. To school their youth properly, all the taxes collected from colored
people had been set aside, but in consequence of the efforts of Sayles J. Bowen,
a local radical politician, who in his person united the offices of disbursing clerk
of the Senate, city postmaster, police commissioner, member of the levy court of
the county and school commissioner. Congress passed a law compelling the cities
of Washington and Georgetown and the county, to set aside for the use of a newly
created board of trustees of the colored school, appointed by the Secretary of the
Interior, such a proportionate part of all the moneys appropriated for the pur-
chase of sites, construction of buildings, payment of teachers and any other ex-
penditures, including contingencies of the white schools, as the colored children
of school age bore to the whites. In view of Bowen's connection with the pro-
curement of this legislation it is not strange that in May, 1868, when by act of
Congress negro suffrage for the first time became an element of power in the
municipal politics of Washington, a total revolution occurred, by which Sayles J.
Bowen was elected mayor in the place of Richard Wallach, a loyal and respected
conservative, who had served three successive terms, and under whose adminis-
tration every requisition or appeal made on the city for volunteers or contribu-
tions to the pressing needs of the Union soldiers had been responded to with
commendable alacrity and without adding scarcely a dollar to the municipal in-
debtedness. After the expiration of his two years' term, Mr. Bowen was swept
from office by a so-called citizens' movement, and M. G. Emery was elected in his
stead by 10,076 against 6,882 votes. After two short years the pay of the officers,,
teachers, employes, laborers and contractors was five months in arrears, and all
the safeguard against the increase of debt had been disregarded by unusual devices
suggested by William A. Cook, a legal trickster, feared by many but respected
by none, who had been appointed corporation attorney, and had with others of
a similar character, brought disgrace upon the Bowen administration. The great
success of the reform ticket was due unquestionably to the universal desire to get
rid of this local trickster, who had given up the preaching of the gospel and taken
to the practice and distortion of the law some years previous.

BOSS SHEPHERD COMES TO THE FRONT.

It was not long before it became evident that, among the elements which had
combined in the citizens' movement of 1870, there were some mischievous men.
who had simply used the popular current to get rid of a successful rival, and by
indirection to further personal sinister interests. In this crusade a man turned
up who had for long years, and in vain, striven to reach the highest municipal
honor in Washington. Alexander R. Shepherd was elected an alderman, but had
scarcely taken his seat in the City Council before he began intriguing for the
overthrow of Mayor Emery's administration, and along with it the old municipal

DISTRICT OF COLUMBIA RING AND DE GOLYER BRIBE. 85

:government of the city. The extravagance and misrule which had characterized
the Bowen administration had so disgusted a large majority of property holders
with an elective government, that the white people, irrespective of politics, were
ready to welcome any change. Shepherd is a shrewd, adroit and unscrupulous
man, who has come up from the lowest ranks of life just as Boss Tweed did.
Without even serving an apprenticeship, he had managed to become the head of
•one of the largest plumbing and gas-fitting establishments in the District, and to
<5ontrol the greatest proportion of work on government buildings in Washington.
From contract jobbery he gradually ventured into all descriptions of speculative
enterprises, and, with a tender regard for the dead as well as the living, had un-
dertaken to run a graveyard as well as a life insurance company. Later on he
embarked in real estate speculations, and began the erection of rows of a cheap
class of buildings, which were generally sold to mechunics and clerks on long
terms. This business he began in partnership with Moses Kelly, well known in
city politics, and with the bosses of the various building trades. It was a happy
thought to tempt into this speculation, about the year 1868, Senator J. W. Patter-
son, of New Hampshire , since this association gave Shepherd social standing in
higher circles than those in which he had hitherto moved, although, on the other
hand, it speedily proved the political ruin of the senator. Since that time the
victims of Mr, Shepherd's temptations may be counted by scores. Even while a
member of the City Council, Shepherd was concerned, as a large stockholder, in
wood and concrete paving companies, especially in the Metropolis Wood Paving
Company, whose headquarters were over his store on Pennsylvania Avenue.

FROM THE SLUMS TO AFFLUENCE.

His tastes, at the outstart of his career, were low. By nature brutal and op-
pressive to his inferiors, he was ever fawning and sycophantic to his equals and
superiors. About the year 1868, J. G. Naylor, a hard-working builder, dared to
ask this budding boss for money due him, which so enraged Shepherd that he
seized a piece of gas-pipe, struck the mechanic, and nearly broke his skull. After
Naylor's recovery from a protracted sickness, Shepherd compromised the pend-
ing suit by the payment of a large sum of money. It was not long after this that
he discovered that men who cheated with due regard to the conventionalities of
society, and broke the Ten Commandments only in secret, are quite as apt at ras-
cality, and much more useful associates, than the roughs who people the slums
of cities. As deacon of a fashionable church, nicknamed the " Holy Locomotive,"
from its suggestive appearance, he craved the smiles of society, sought recogni-
tion from so-called gentle folks, and enlarged the circle of his creatures and tools
by extending his alliances to the very threshold of the White House. He spread
a bounteous board, and boasted a well-stocked cellar; and soon all the shoddy
element of Washington society courted his hospitalities, while all decent people
denounced him as a rogue. While he was squandering millions of the people's
money on worthless tar poultice and rotten wood pavements, his own aggrandize-
ment was attested by the erection of a stately palatial residence, with carved
stone fronts, and doors and trimmings of rare woods. Antique furniture, huge
mirrors, gorgeous carpets, costly pictures, filled this lordly mansion, and china,
manufactured in France to order, graced his festal board. His splendid landau-
let, drawn by a span of thoroughbreds harnessed in glittering trappings, driven
and attended by flunkeys wearing wonderful liveries, attracted as much notice in
the streets as the snob four-in hand of President Grant. There was an object in
this ostentatious display, for by it Shepherd managed to fill his salons with
judges, generals, senators, ambassadors and fine ladies, and his banquets soon be-

86 DISTRICT OF COLUMBIA RING AND DE GOLYEU BRIBE.

came the talk of the town gossipers, and his balls the envy of every shoddy up-
start, and thus in a little while the moral tone of the community was demoralized^
A bold, unscrupulous man like Shepherd, invested with almost absolute power,
and sustained by the legislative as well as the executive branch of the national
government, could not fail to become a dangerous instrument of oppression to
the people of the District, and an adroit agent for plundering the public treasury..

WHEN THE DEVIL WAS SICK, ETC.

The subject of the foregoing sketch was elected in 1870, by the Board of Alder-
men, Chairman of the Committee on Finance. As such, he publicly simulated
economy, and quietly favored the grossest extravagance. On the 2d of Septem-
ber, 1870, he, in reporting the general tax bill, spoke of the then financial condition
of Washington as follows :

The estimates of the Mayor for the expenses of the current year are $1,251,287.38. Yonr com-
mittee, however, are of opinion that, in view of the large indebtedness of the corporation, and the
heavy taxation impost- d under laws recently passed by Congress, it will be necessary to reduce the
estimates of expenditures to $1,000,000. This can be done by omitting the sum estimated for clean-
ing the streets, by reducing the salaries of corporation officials, which, exclusive of teachers and.
police, have reached (he enormous aggregate of $li;3,320, and by carefully restricting our improve-
ments within the limits of our resources. Tht-se taxes will bear very heavily upon our people,,
already compelled to provide for an enormous funded debt. It therefore becomes our duty to ad-
minister their affairs with rigid economy, and to take all necessary measures to restore the credit
of the city, now so greatly depreciated. Your committee, therefore, recommend the reduction of
the salaries of the corporation officers, which now absorb twelve per cent, of the revenue, the intro-
duction of a radical chfinge in the cleaning of streets, and by carefully avoiding waste and reckless-
ness in every branch of corporation expenditures.

THE PENNSYLVANIA AVENUE JOB.

At the very time these professions of economy were made by Shepherd, he had
quietly sent out one W. H. Chase as an emissary to look after patent wood pave-
ments. On his return, Chase reported that, "when properly laid, wood pave-
ments will last from fifteen to twenty years in Washington." Congress had been
importuned about this time by the ring then forming, to authorize paving Penn-
sylvania Avenue, between the Capitol and Treasury Grounds, with a patent pave-
ment of some description, the government to pay $160,000. that being about one-
half of the estimated cost.

In speaking of this proposition to pave the avenue, the Hon. J. Proctor Knott,
of Kentucky, said :

In my judgment, there is more in this measure than seems to be visible on the surface. I think
it contains the materials for another of those never ending repasts for the hungry Hock of small
retainers who hover like vultures about this capital to prey on government garbage, and for which
there must be paid out of the public treasury an unlimited amount of money. Lay not, then, I
beseech you, " the flattering unction to your soul " that because the amount to be expended in this
project appears to be limited to $160,000, that it will stop there. I tell you there is no power
short of an Omniscient Providence that can foretell what the government will eventually have to
pay for the improvement of this avenue, if it undertakes it at all. It is true that, assisteti by the
wonderful powers of science the astronomer can sit in hi.s closet and tell precisely at what moment
and at what particular part of the sidereal heavens a comet will appear, which has b>-en absent a
thousand years on its pathless pik'rimage through the wilderness of space, and true to the letter
of the prophecy, its fiery train flashes upon our vision. But. sir, to foretell what any public im-
provement about this city will cost, or when it will be finished, not only defies the highest powers
of mathematics, but is beyond the utmost range of human conjecture itself.
" When the stars shall fade away, the sun himself
Grow dim with age, and nature sink in years,""
then, and not till then, may you expect to see one of these government jobs completed and the last
deficiency bill passed to pay for it. This language may sound like hyperbole, but show me one sin-
gle government job around this city that has yet been finished.

IT LEADS TO OTHER JOBS.

On July 8th, 1870, a paving bill was passed, under which the United States was
to pay, like other property-holders, for its frontage along the Botanic Garden^
the railroad company for 22 feet in the center of the street, the private property
for the pavement on its frontage, from curb to area chargeable to the railroad,
and the Corporation of Washington, for all intersections of streets and avenues,
including the spaces along the park inclosures.

DISTRICT OF COLUMBIA RING AND DE (iOLYER BRIBE. 87

Shortly thereafter Louisiana and Indiana avenues, and Fourteenth street, north-
west, for the length of nearly a mile and a half, were ordered to be paved with
wood by the retrenching City Councils. Though newspaper proprietors inter-
ested in the patents previously selected, worked up public sentiment in favor of
these jobs to the best of their ability, still many of the property-holders vigor-
ously protested ; and in the case of Louisiana avenue, their protests against the
costly experiment were so determined, that as a concession a stone pavement 30
feet in width had to be laid on both sides of the street next to the curb, but a
wood pavement was forced upon them in the center of tlie avenue. The stone
pavement still stands with rotten wood borders, as a monument of one of the
first tricks of the ring.

THE RIKG PAVING COMPANY IN CLOVER.

The Pennsylvania avenue pavement, after three months' delay, was given out
on October 19th, in four sections, not to the lowest responsible bidders, but to
the owners of ' those patents which were claimed to give the most substantial
guarantees for permanency ; all of the aforesaid owners being members of the
ring, then in course of formation. The largest two of the four sections at once
gravitated to number 908|- Pennsylvania avenue, the headquarters of the Metrop-
olis Paving Company, over A. R Shepherd's store. The stock of this com-
pany had been distributed in large blocks to Hallet Kilbourne, John O, Evans,
W. S. Huntington, Lewis Clephane, Sam Young, Shepherd's brother-in-law, and
to the proprietors of the Evening Star and the National Bejmblican, the two prin-
cipal daily newspapers of Washington. The future glories of the great avenue,
when paved with the durable and noiseless wood pavement, were dwelt upon
daily by the subsidized editors of the ring organs, and in the meantime the three
months' delay in awarding the contract was industriously employed by the ring
managers in making their arrangements with the Paving Commission, which
consisted of Columbus Delano, Secretary of the Interior, Mayor Emery and
General Michler, Commissioner of Public Buildings and Grounds. The season
having been wasted in this way Pennsylvania avenue was torn up in the fall
and work rushed through in November and December, 1870. On November 1st,
eleven days after the award of the contract, a merry company enjoyed an ex-
quisite champagne collation, prepared by Wormley, at an improvised frame
building near the sheds where the machinery for sawing the blocks had been set
up by the Metropolis Paving Company, and the famous

DR. BUCHU HELMBOLD DROVE UP WITH HIS STYLISH SIX IN HAND

to give his blessing to the enterprise. The ringleaders with wild enthusiasm then
and there promised the quack doctor that the opening of wood paved Pennsyl-
vania avenue should be celebrated by a grand carnival and fete on Washington's
birthday. The fete was duly celebrated and the unsuspecting citizens contrib-
uted liberally to pay the piper, never dreaming that at no very distant day they
would look back to the occasion through tears of sorrow, and curse the hour in
which they made merry over their enslavement. Meanwhile the session of Con-
gress approached. On November 23d, 1870, the National Republican, the mouth-
piece of the President and the administration, wound up a double-leaded leader
on the subject of— legislation for the District, as follows :

A few hundred dollars judiciously expended upon terrapins, oysters, champagne and cigars
will be "bread cast upon the waters," The experiment worked well last winter, well enough we
think to warrant repetition. Instead of an appropriation of a few thousand dollars every year, we
should have five or six millions to beautify and improve the National Capital.

WHAT WINE AND WASSAIL ACCOMPLISHED.

Acting upon this advice, ring hospitality was liberally dispensed. There was a

S6 DISTRICT OF COLUMBIA RING AND DE GOLYER BRIBE.

grand banquet to the Press of the country at the Metropolitan, another to Con-
gress at the Arlington. The governors of the states and numerous municipal
bodies were invited, the crack militia regiments of the Eastern cities were to
have competitive exercises on the newly-paved avenue, and representatives of
all nations of the earth were to vie with each other in the exhibition of the
sports of their native lands. While this surface movement was going on, public
attention was skillfully diverted from more momentous underground currents.
Senator Hamlin had, on February 25th, 1870, introduced a bill in the Senate :

To " provide a Territorial Government for the District of Columbia," which was discussed and
passed by the Senate May 27th, received by the House May 31st, and referred to the District Com-
mittee June 29th, 1870, where it apparently died. But, quite unexpectedly, Mr. Burton C. Cook, of
Illinois, the Chairman of the House Committee, reported back a substitute for Mr. Hamlin's bill
on January 20th, 1871, and in advocating it said," There are 131,000 people in this District. * *
* The cost of the municipal government in salaries and incidental expenses is $179,000 a year,
or one dollar and a half for every man, woman and child in the District. This is the thing which
the committee have endeavored to avoid. The proposed government is intended to be a simple,
harmonious, economical one, with a conservative element in it which should be the element repre-
senting the people of the whole United States."

After a short discussion, all warning voices were unheeded, and this bill was

forced through by a vote of 97 against 58. On the same day the Board of Trade

of Washington held a meeting, and on motion of Alexander R. Shepherd,

adopted the following resolution :

Resolved, That we hail with joy the passage of the bill by the House of Representatives this
day, believing that it will be the beginning of a new era in the development of our business inter-
ests.

A committee of five, of which Alexander R, Shepherd and Hallet Kilbourne
were two, was appointed at this same meeting to urge the Senate to adopt the
House bill unaltered.

A SATIRE ON FREE GOVERNMENT.

On February 7th, A. B. Mullett, Supervising Architect of the Treasury, headed a
petition which was laid before the Senate by William M. Stewart, of Emma Mine
fame, praying that the House bill might be passed without alteration. The Ssn-
ate having moved for a conference committee, a bill was agreed upon and passed
both Houses on February 14th, and approved by President Grant on February
21st, amid the portentious follies of the carnival. The bill was not perfected in
open Congress, but was manipulated for four weeks in conference committee.
It provided for a complicated form of government — one which in truth was the
most magnificent satire on government the world ever saw. A more severe blow
at republican institutions was never struck in this or any other country. A
lladical Congress repudiated the people's demand and laid them at the mercy of
an irresponsible one-man power. All power was concentrated in the hands of
the President of the United States, and how he abused that power by filling all
the oflfices with men with whom he and his friends were engaged in speculative
ventures, is well known to the country. The Governor of the miniature princi-
pality had a staff, exercised veto power, and had a pocket veto, too, granted
pardons, and filled all the executive offices of any importance at pleasure. A Sec-
retary was provided and a council which was a caricature on the House of Lords,
a Board of Health, and last but not least a Board of Public Works. And to the
people was vouchsafed the barren privilege of voting for members of a so-called
House of Delegates, and a Delegate in Congress who was without a vote. But
even this turned out to be no boon at all, since the Board of Public Works, by
holding the rod of discharge over every poor laborer who would not vote accord-
ing to the dictates of the ring, elected this whole mock Legislature and the Dele-
gate to Congress besides. As a natural result of this one-man power in a republi

DISTRICT OF COLUMBIA KING AND DE GOYLER BRIBE. 89

can country, a shameful mockery of legislation was witnessed. There was scarcely
n single respectable citizen of the District elected to the House of Delegates.
This honor (?) was monopolized by the illiterate and subservient tools of the
ring, whose only occupation, besides registering the decrees of the Board of Pub-
lic Works, was to put through a few bills for contractors, who paid well for the
same. They legislated however, with a will, and when they could be tolerated
no longer, they wound up their official existence by plundering the hall in which
they sat — stealing feather dusters, spittoons and desks — some of which were ac-
tually pledged with bar-keepers for whisky bills.

THE RULERS OF THIS RADICAL ISRAEL.

M. G. Emery, the lately elected reform Mayor, a vain man, had been flattered
and deluded mto the support of the territorial scheme, which ousted him from
the office he had just assumed, under the promise of the newly created Govenor-
ship ; but after using him, the ring discarded him. The President had unlimited
■confidence in Henry D. Cooke, who was in charge of his financial affairs, and
through him the ring boldly urged Shepherd's appointment to the Governship. To
this the Rev. J. P. Newman, a political parson of the Metropolitan Church, and
spiritual adviser at the White House, objected in the interest of Emery, a
vestryman of his church. The Rev. Doctor set forth the proofs, pledges made
by the ring to Emery, so plainly to the President that he hesitated, and finally
the community was surprised by the appointment of H. D. Cooke. Mr. Cooke,
besides his connection with the famous firm of Jay Cooke & Co., had some local
notoriety on occount of his zeal for Sunday-schools, and his activity as a member
of the Young Men's Christian Association, for which last-named institution he
evinced his firm attachment, by engineering a heavy loan on worthless second
mortgage bonds from the Freedman's Savings Bank, thus robbing the poor freed-
men in the name of the Founder of the Christian religion. As orthodox mem-
bers in good standing in the Radical party, the Cookes could venture upon many
things which would have been deemed treasonable in others. In 18(57, the fol-
lowing advertisement appeared in the Washington and many Southern news-
papers :

TRYING TO GET A CORNER ON C. S. A. BONDS.

Confederate Bonds Wanted.— First National Bank, Washington, August 29, 1869. We have
■an order for a moderate amount of 8 per cent, bonds of the C. S. A., and, until filled, will buy all
that are offered at the best rates.

William S. Huntington, Cashier.

In the columns of the same Washington paper containing the above, could be

seen this also :

First National Bank of Washington.— H. D. Cooke, of Jay Cooke & Co., President ; W. S.
Huntington, Cashier ; Government depositary and financial agent of the United States, Fifteenth
street, opposite the Treasury Department.

Here in 1867, was the " Government depositary and financial agent of the
United States," the bank controlled by the Cookes, openly advertising for and
buying up "at the best rates " all the 8 per cent, bonds of the defunct Confeder-
acy in existence. It was then their scheme, as every circumstance shows, to make
the Confederate debt a consK^eration of settlement with the South by Federal
assumption — a scheme which was, however, baffled and put at rest by the adop-
tion of the Fourteenth amendment in 1868.

H. D. Cooke, as Governor, was but little more than a figure-head, acting simply
as the hand and mouth-piece of Shepherd, enjoying however the luxury of a
^udy uniform and a full staff of militia officers. He believed with his brother
Jay that, " A national debt is a national blessing," and the unfortunate people of

90 DISTRICT OP COLUMBIA RING AND DE "GOLYER BRIBE.

the District of Columbia have liad an ample opportunity to test the truth of this
aphorism.

THE BOSS AND THE SUPERVISING ARCHITECT.

Alexander R Shepherd was appointed a member of the Board of Public Works,
which consisted nominally of five members, including the Governor as President
€x-offieio. His associates made him vice-president and executive officer, and with
him all the powers of an illy defined government gravitated rapidly to the Board
of Public Works, so that imperceptibly the district passed under the control of
an irresponsible despotism. The title of the "Boss" bestowed upon Shepherd
in this position by the contractors, soon came to be a by- word in the community,
and has been universally recognized as an appropriate designation of the man who
attempted to run a government, as an overseer does a gang of plantation negroes.
Shepherd's colleagues on the board were A. B. Mullett, the late Supervising
Architect of the Treasury, who had long had intimate, personal and profitable
business relations with Shepherd, in connection with work done and materials
supplied for all the public buildings in the United States under the charge of the
Treasury Department. Mullett's appointment was a master stroke. One of the
most important things to be done was to engineer members of Congress, and in
this business Mullett was by universal consent a proficient. Every new building
that was built or determined to be built, secured the personal devotion to the ring
of from one to half a dozen Congressmen. This was effected in several ways.
First, the recommendation of the Supervising Architect for the building of the
proposed structure must be had. The member or members from the locality
asking for the appropriation courted Mr. Mullett, who could make his own terms-
If he asked the favor that they encourage improvement at the National Capital,
they could not refuse. Then, again, as a new post office or custom house was
to be built, Congressmen might have friends whom they wished to be taken care
of by Mr. Mullett, in the way of contracts. Of course, he in his turn could not
refuse any reasonable request of this kind. The result was that the member got
Mullett's recommendation for the required appropriation, and in turn aided in
the grand work of "regenerating, transforming and beautifying the National
C jpital " by helping the Board of Public Works to large appropriations when-
ever they needed them.

STUBB MAGRUDER AND HIS BOOK-KEEPING.

James A. Magruder, one of the members of the Board of Public Works, was a
man alike devoid of character and credit, but subsequently became famous by a
system of book-keeping he invented, which enabled him as treasurer of the
Board of Public Works to keep his accounts in inextricable confusion to the great
satisfaction of Shepherd, for thereby he was enabled at any time to challenge the
inspection of the books, well knowing that they could be made to show figures
as they were wanted. The Board of Audit, after nearly two years' labor, has
not been able to disentangle Magruder's accounts, and in bringing suit against
him to recover money alleged to be still unaccounted for, cannot specify the
amount any more definitely than "•from $80,000 to $00,000."' The criminal suit
on the charge of studiously confusing his accounts which was recommended to
be brought, has not been instituted, and propably will not, because the limit of
time within which it could be brought has nearly expired. The official report of
the Board of Audit nevertheless shows (vide Mis. doc. No. 103, part 3, II. R. 44,
Cong.), that an amount exceeding $1,000,000, which he claimed to have paid out,
had never been entered upon his books, but which he was allowed to account for

DISTRICT OF COLUMBIA RING AND DE GOLYER BRIBE. 91

by producing vouchers not on file among the public records. When it is known
that he intermingled his cash with all the various certificates of indebtedness
issued by the Board of Public Works, it is easy to understand how he could
safely speculate in these depreciated securities with the public money.
ONE OP SECOR Robeson's pets.

S. P. Brown, a defaulting Navy Agent, and a favorite contractor in the Navy^
Department, completed the list of worthies who made up the Board of Publia
Works. Brown is a native of Maine, and was placed in the Board by the influ-
ence of Senator Hamlin and Speaker Blaine. The choice of the ring was Hal let
Kilbourn, and Brown was always looked upon with suspicion, although he was a
valuable adjunct on account of his connection with the Speaker of the House of
Representatives. He was, however, obliged after a season to retire — being-
caught with an interest in a contract to supply lumber to contractors, afforded
the pretext for his dismissal.

Two-thirds of the "Upper Council" were ring creatures, and the other third
nonentities. The President in appointing members of this upper branch of the-
Legislative Assembly, consulted the wishes of Boss Shepherd, who always had
ready access to the Presidential ear, through Gen. Babcock, whom he early en-
trapped into real estate speculations and jobs of various kinds.

AN unsavory set OF JOBBERS.

The Board of Health was composed of two quack doctors, one reputable phy-
sician, a colored professor of law, and a capable business man. By adroit man-
agement these fellows continued to get an annual appropriation from Congress,
amounting to about $97,000, and when the Democratic House of Representatives
in its general overhauling, turned over the Board of Health, it found two of its
members interested in very unsavory jobbery — they being the owners, though not
the holders of |10,000 a piece of the stock of an odorless excavating company
which had a valuable contract from the Board of Health. The appointments made
by Gov. Cooke were really dictated by Shepherd, who was familiar with local poli-
tics and knew that it was all-important to make friends of the same men who had
proved useful to Mayor Bowen in controlling the negro vote. Thus the very men
who had a few months previous been denounced by Shepherd and his ring friends
as corrupt jobbers and scoundrels were speedily enlisted under the reform (?)
regime. It is sufficient to instance two of Governor Cooke's appointments. He
made William A. Cooke, already famous for his latitudinarian interpretation of
laws under Mayor Bowen, the legal advisor of the Board of Public Works, and
to cap the climax, appointed a very illiterate colored man named Johnson, District
Treasurer. Johnson had failed as a barber and as a caterer — a fine preparatory
schooling to fit him for the responsible position of custodian of the people's,
money — but his appointment was a tub to the negro whale.
the beggars on horseback.

In organizing the new territorial government. Shepherd and his ring coadjutors
had but little regard for their loud professions of reform and economy which
they indulged in while denouncing the old municipal government and advocating-
a change. They established at the very outset a score of bureaus, with chiefs
thereof drawing high salaries. They had chiefs of contracts, of pay rolls, of
assessments, of streets, of roads, of sewers, of buildings, of repairs, of materials
and of property. They began with promises to do all work for 20 per cent, less
than usual prices by confining themselves to cash payments, and before three
years had so encumbered first, the city of Washington, then the District of Co-

V2 DISTRICT OF COLUMBIA RING AND DE GOLYKK JUilBE.

lumbia, then the Board of Public Works itself, with debt, that they all sank to-
gether under the accumulated weight, and left the general government to redeem
their dishonored illegal securities, which they had issued in every imaginable
«hape.

As a necessary adjunct to the new form of government, Shepherd had culti-
vated intimate relations with the Commissioner of Public Buildings and Grounds
— an office which was transferred in 1867 from the civil to the military branch of
the public service, on the theory that an officer of the regular army would not be
likely to involve himself in speculations with outside parties. General N. Mich-
ler, who filled the office under assignment of March 3d, 1867, was an honest, up-
right, genial gentleman, but with one unfortunate weakness, which the ring took
advantage of and catered to, until they had well nigh ruined him. His influence
was essential to the success of the ring plans. Shepherd wined and dined him,
named a row of houses after him, but finding that a more serviceable tool could
be procured, he began to intrigue for his displacement, and Michler was quite
unexpectedly ordered to the Pacific coast in June, 1871.

SHEPHERD AND BABCOCK — CAPITAL UNLIMITED.

The ofiice was handed over to Orville E. Babcock, who ruled in the Executive
Mansion as the President's Private Secretary and conscience keeper, and occupied
his leisure moments m working up San Domingo and other jobs. Babcock, a
few years before, was the very impersonation of genteel poverty ; too poor to
rent a whole house for the use of his family, he was compelled in 1868 to form a
military mess with the families of other officers for the sake of economy, at a
monthly expense of about $55 for each family (see testimony of Gen. Horace
Porter in the New York Custom House investigation). Since that time he had
received no legacy, nor had any ships of his "returned from the South Sea ;"
but in a few years after his appointment as Commissioner of Public Buildings
and Grounds he became a great real estate speculator, built rows of houses in
connection witli Shepherd, and grew rich at a time when every outsider lost
heavily in real estate operations in Washington. It was, therefore, a fortunate
occurrence for the ring that the public grounds were at this auspicious time con-
fided to the care of Babcock, and not placed under the control of the Board of
Public Works, since subsequently this dual system enabled Shepherd and Bab-
cock to work in harmony in robbing the Public Treasury, while ostensibly acting
as a check on each other.

THE RING STRENGTHENING ITSELF.

Here we have to record another intermezzo. The successful alienation of the
undivided government reservation to the Washington Market Company m the
spring of 1870, heretofore alluded to, acted as an appetizer, and before Ion? the
ring schemers had to throw another sop to Cerberus. Thomas A. Scott and Simon ,
Oameron were on the look-out for a city station for the Baltimore and Potomac
Railroad Company and their covetous eyes fell upon the Public Mail, a grand
pleasure park stretching from the Capitol grounds to the reservations south of the
President's house, and including the grounds about the Smithsonian and the De-
partment of Agriculture. Here, within a stone's throw of Pennsylvania avenue,
these railroad kings selected a slice stretching for a distance of eight hundred feet
transversely through the Mall, so as to mutilate the beautiful plan of the city, and
virlually to cut the splendid walks and drives of the pleasure-grounds into two
•disconnected parks. In accordance with a pre-arranged programme, a bill was
introduced in Congress to confirm the action of the City Council, which, in the

DISTRICT OF COLUMBIA RING AND DE GOLYER BRIBE. 9$

very act of death, had presumed to convey this ground to the Raih'oad Com-
pany.

Senator J. W. Patterson, of New Hampshire, who was connected with Shep-
herd in real estate speculations, in advocating this measure, said :

The question is simply this, shall the action of the city government be confirmed by Con-
gress ? 1 have here a line from one of the Board of Works, Mr. Magruder, saying, " The property
given to the Potomac Railroad belongs to the city of Washington."

Senator Thurraan retorted, What is this bill doing here if the city owns the land ?

Senator Justin S. Morrill added, The city has no more title to this strip of public park then
had the Devil when he offered ail the kingdoms of the world to the Saviour of the world. This was
a very cheap way for the city to manifest its generosity.

Senator Cameron said : To think of confining the city to a little bit of a park. The gentlemen
who now ask to have a landing n'ace for their traffic and passengers, have already completed ar-
rangements by which, in two y(!ars more, a freight line will start from New Orleans with cotton or
any other of the products of the country, and reach the city of New York in fifty-eight hours, car-
rying freight so cheaply that no water communication can compete with the railroad.

Air. Chipman, the ring delegate of the District, said in the House, in advocating the same mea-
sure, March 2*2d, 187:!i, The question was, whether the prospective park west of the Capitol^
stretching clown toward the Executive Mansion, was of more importance than the commercial in-
terest of the city and District ?

In vain the citizens protested against this threatened mutilation of the public
Mall; the arrangements had been made between the railroad kings and the Dis-
trict ring. The action of the City Council was confirmed by Congress, and the
alliance between the railroad jobbers and the Board of Public Works was com-
plete.

THE RING LEGISLATURE IN SESSION.

The first Legislative Assembly of the Territorial Government, assembled May"
15th, 1871, and Governor Cooke in his message said, that the funded debt of th&
municipalities of Washington and Georgetown, and of the Levy Court of the
county, was about $2,350,000. He estimated the floating debt, accrued and ac-
cruing from existing contracts, to be $1,000,000, and urged the appointment of a
commission to ascertain and audit the same, and to devise a plan for funding it.
He set down the receipts of the Corporation of Washington, from general taxa-
tion, at $1,500,000,, and claimed that the expenditures of the. same, including^
schools, police, fire department, gas, salaries and interest on the debt, would be^
$800,000, leaving a surplus of $700,000, applicable to street improvements and
the reduction of the debt.

The " Union Club" had been established across the street from the hall wliere-
the Legislative Assembly met. There William A. Cooke was hidden in a private
room, employed night and day drawing up bills at the dictation of the Board of
Public Works, and the Legislative Assembly was simply required to register the
decrees of this autocratic body.

On June 16th the House of Delegates called for a plan of improvements deemed
necessary by the Board of Public Works, and the estimated cost thereof.

On June 20th, four days afterwards, the Board submitted an elaborate, "com-
prehensive plan/' of improvements, " for every portion of the District of Colum-
bia," accompanied by detailed estimates. Accompanying this comprehensive
plan was a statement submitted by the Board of Public Works, from which we
extract the following :

The Board is of the opinion that the interests of the District imperatively require that the-
necessary appropriations should at once be granted, that operations may be commenced without
delay.

THE MILLIONS BEGIN TO PLOW.

Such extraordinary haste excited the suspicion that the greatest possible amount
of plundering was to be done in the shortest space of time. The estimated cost
of the proposed improvements was $6,578,397, of which one third was held to be
assessable on adjoining private property, so that an appropriation of $4,385,50S

^4 DISTRICT OF COLUMBIA KING AND DE GOLYER BRIBE.

^WSLS asked for; and on July 10th an act was passed authorizing the Government
to contract a loan by issuing $4,000,000 of bonds, the whole of which were to be
placed under the control of the Board of Public Works, without requiring any
of the guarantees usually imposed upon the custodians of public funds.

The remarkable speed which the new government displayed in contracting in-
debtedness startled the community, and numbers of citizens sued out an injunc-
tion restraining the issue of the bonds, in order to test the legality of the law
authorizing the $4,000,000 loan ; but the ring was not to be baffled in this way,
and at the instance of the Board of Public Works, the Legislative Assem-
bly, without awaiting the action of the courts, passed on August 19th, 1871,
another law authorizing a loan of $4,000,000, which was to be submitted to the
vote of the people. All the machinery which had been employed under the cor-
rupt Bowen administration to manipulate the impecunious voters of the District
was brought into requisition by the Board of Public Works, and a large majority
•obtained for the proposed loan bill.

FALSE REPRESENTATION.

A prospectus of the loan was published in the leading newspapers of Europe.

Its tenor was that this was a loan guarantee by the United States, and contained

absurdly false statements, such as the following :

" Besides the guarantee secured to the creditor by this exceptional position, the state of the
finances of the District of Cohxmbia and of the city of Washington is exceedingly favorable, as it
was officially ascertained that on the 31st of May, 1871, the entire indebtedness of the city of Wash-
ington and Georgetown, and the county of Washington, amounted only to $3,090,49:^.27, against
a taxable real and peri;onal property valued at $190,000,000. Of this $30,000,000 represents taxable
property belonging to the United States Government."

This statement was false, for the taxable real and personal property of the
District, at the assessment of June 30th, 1872, amounted to only $86,215,327.
The United States has no taxable property in the District, and the debt of the
District at the date of this prospectus was in reality $4,381,297.37. When Gov-
ernor Cooke was. confronted with these disgraceful deceptions, by which the
■credit of the District was temporarily inflated, he claimed to have sold the bonds
at 94 cents net to the First National Bank of New York, and disclaimed any
knowledge of or participation in the negotiations in Europe. It is sufficient to
say that the notorious prospectus was published over the signature of Seligman
& Stettheimer, and that the Seligmans are the successors of Jay Cooke, McCul-
loch & Co, as the financial agents of the United States in Europe.

THE JUDICIARY PROSTITUTED.

The temporary injunction on the issue of the first $4,090,000 of bonds was
dissolved, the judge who determined the cause having been called to the rescue
from his Western home, and given a fine mansion in Georgetown in exchange
for a piece of swamp land in Arkansas. Undoubtedly the Ring originally in-
tended to issue the bonds authorized by each separate act of the Legislative As
sembly, but they were prohibited by an act of Congress from negotiating more
than $4,000,000. The funded debt of the District was limited by the organic act
to 5 per centum of the taxable real estate. This the Ring sought to evade, by
ignoring the funded debt of the old municipalities ; but Congress was forced by
the clamors of the citizens to declare, under the Act of May 8th, 1872, that, in
the meaning of the organic law, the debts of the old municipalities were to be in-
cluded; but, inasmuch as the old funded debt and the new $1,000,000 loan would
have exceeded the 5 per cent, limitation, this clause was repealed, and the limit
of the debt of the District was fixed at the round sum of $10,000,000. On this
$4,000,000 Loan Act as a basis, the Board of Public Works reared a colossal debt,

DISTKICT OF COLUMBIA BING AND DE GOLYER BRIBE. 95

ivhich now rests with an oppressive weight upon the people of the District. The
means by which this gigantic indebtedness was created were as tortuous as the
necessities of desperate men could suggest. The charge of one-third of the cost
of improvements on adjoining property, public and private, was legitimate, but
the cost of improvements were swelled purposely, in order that the assessment
on private property might be increased, and false measurements were resorted
to, with the connivance and participation of General Babcock, Commissioner of
Public Buildings and Grounds, in order to increase the charges made against
property owned by the government. Being unable by all these devices to keep
up their sinking credit, the Board of Public Works resorted to the issue of certi-
ficates of indebtedness in every imaginable form, thus recklessly increasing the
debt of the District in the face of the plain letter of the law. When finally
false statements of the financial condition of the District would no longer avail
them, the insolent legal proposition was started that the constitutional limitation
applied simply to the District proper, and that the Board of Public Works was
an independent corporation, with the power to create a debt without limit.

ARRANGING SCHEMES OP PLUNDER.

While the District government was arranging this plan and preparing for its
career of jobbery, aflBliated Ring speculators were devising various schemes of
plunder. Chief among these was the formation of the Real Estate Pool, with
two branches acting conjointly and separately as the interests of the master
spirits required. As a tender to this, a contract pool was made which was de-
signed to monopolize all the high-priced paving jobs. Hallet Kilbourne was
chosen as the middleman of one branch of the Real Estate Pool, while his
partner, James M. Latta, acted for the other. Kilbourne had in his combination
five parties, one being a Judge of the Supreme Court of the District, and two
others being Members of Congress, while the remaining two are unknown to the
present day. Senator William M. Stewart, of Navada, and two Pacific Coast
speculators were the principal parties interested with Latta in the second branch
of the Real Estate Pool. John O. Evans and Lewis Clephane, the former an un-
scrupulous contractor, and the latter a trustee of the Freedman's Savings Bank,
deep in all the rascalities by which the poor f reedman were robbed, stood as god-
fathers for most of the operations of the contract pool. Kilbourne, a sharp un-
scrupulous fellow, who had formerly been the chief clerk in the Interior
Department, was set up in the real estate business by William S. Huntington,
cashier of the First National Bank. He had probably been useful to Hunting-
ton in his oflBcial capacity, and was brought out of obscurity by this shrewd and
enterprising gentleman, who doubtless designed to use him in a more enlarged
field of operations. Kilbourne is a clever talker, earnest and impressive, capable
of setting forth a speculative venture in its most attractive form. When the
Ring was fairly organized, the part assigned him to play was

TO ENTICE CONGRESSMEN, JUDGES AND INFLUENTIAL FEDERAL OFFICE-HOLDERS

to invest in the Real Estate Pool, and to lend their influence to secure from Con-
gress such legislation as the Board of Public Works desired. One of the objects
which Huntington had in establishing him in the real estate business was to have
an unscrupulous man who might be used to appraise property on which it was
desired to procure loans from the Freedman's Bank. Henry D. Cooke, Hunting-
ton and Lewis Clephane, constituted the majority of the Finance Committee of
that concern, and virtually controlled the accumulated deposits, amounting to
over $4,000,000, which had been collected from the poor f reedmen of the South.

96 DISTRICT OF COLUMBIA EING AND DE GOLYER BRIBE.

Kilbourne's duty, as appraiser of the Freedman's Bank, was to act as a go-
between for the Cookes and Huntington, and parties who desired to effect loans
on their real estate. If Cooke or Huntington was applied to for a loan of the
freedmen's money on real estate, or other securities, the applicant was politely
referred to Kilbourne, just as subsequently if any one wanted a contract he was
sent to the same source. In this way Kilbourne got a fee for appraising property
for the Freedman's Bank, and another of 2^ per cent, for negotiating the loan.
In a short time, from comparative poverty he rose to affluence, and discarding
the modest tenement house in which he had lived for many years, built himself a
palatial mansion close to the palace of Boss Shepherd, and blossomed out into a.
leader of the shoddy fashion of the national capital.

A USEFUL JACK-OF-ALL-TRADES.

Lewis Clephane, a fussy, lean little man with sharp features, fair complexion,
and weasel eyes, protected by gold spectacles, had figured about Washington as
a Jack-of-all-trades for twenty years or more, without making a reputation, or
accumulating a fortune. He began his career in the office of Doctor Bailey's
National Era, an anti-slavery weekly, where he made himself generally useful in
the dual capacity of clerk and solicitor of advertising. From his connection with
this paper he obtained a bowing acquaintance with the anti-slavery magnates of
the olden time. This slender acquaintance served him as his political and reli-
gious stock in trade, when the Republican Party came into power. He was
made city postmaster, and afterwards collector of internal revenue by Mr.
Lincoln. Neither of these offices afforded scope for his genius, which was
especially adapted to jobbery. As Vice-president and member of the Finance
Committee of the Freedman's Savings Bank, Clephane had important functions
to perform for the Ring. The Metropolis Paving Company, Lewis Clephane,
president, and the Scharf Concrete Paving Company, John O. Evans, president,
while struggling for recognition at the hands of a skeptic community, had to be
sustained by loans advanced on their as yet worthless stock from the ever con-
venient savings of the poor freedmen. These two worthies, the presidents of the
two principal Ring paving companies soon proved themselves to be adepts in Bill
Kemble's art of " addition, division and silence."

THE boss's "SQUAREST CONTRACTOR."

Evans was a keen, shrewd, close-mouthed operator, who kept aloof from poli-
tics, and unlike other members of the Ring, eschewed fashionable life. These
qualities fitted him admirably for the part which he was at a later date to play as
the representative of the Sliepherd-Babcock- White-House Ring, which fattened
exclusively on government pap by means of extortionate prices for work done
on, in front of, and through government reservations, the measurement of which
was confided to Babcock, and the bills certified to by him and paid by Shepherd
out of the appropriations made by Congress. The confidence placed in Evans is
shown by the following testimony of Shepherd before the Joint Investigating
Committee :

I can say this much for Mr. John O. Evans, that he is one of the best business men lever knew,
and as a contractor, he is one of the squarest and most upright men I ever met; that the work done
by him is unsurpassed by that done by any other person in this city. There never has been any
difllculty with him in getting him to make his work right (page 1936, District Investigation.)

Of course it is not to be expected that men of a low standard of morality would,
deal with each other honestly except when compelled so to do by the cohesive
power of public plunder. Huntington died in 1872, and his Ring associates, true
to their real natures, undertook to defraud his widow of the proportion of spoils

DISTRICT OF COLUMBIA RING AND DE GOLTER BRIBE. 97

justly due her. Determined to bring her husband's unscrupulous partners to
terms, Mrs. Huntington gave publicity to the following letter, which was written
by Hallet Kilbourne to Huntington :

A VERY SUGGESTIVE LETTER.

GlLSEY HOTJSK, NeMT ToRK,

Corner Broadwat and Twenty-ninth streets,

Brbslin, Gardner & Co., Proprietors,

New York, Friday, Augunt 25, 1871.

Mo Dear General : Evans, Clephane and mj-self left Washington last night to visit Philadelphia
and this place, and " gobble up " all the asphalt or concrete pavements we can. In Philadelphia,
to-day, we secured Filbert's vulcanite pavement, which is being used quite extensively in the park,
and has the very best reoommt-iulations. We shall close up the business to-morrow in black and
•white. We bought a steam-roller to-day from an English agent, who orders it from Liverpool by
cable to-night. It costs, delivered, about 35,200. We shall secure another stone-breaker and a lot of
asphalt to-morrow. The Board of Public Works have advertised for proposals for paving, to be
opened next Friday, the 1st instant. We propose to be prepared for them. We had to make a
small Ring of about seven persons in order to accomplish results. In this ]{mg we had to put all the
concretes. Evans, Clephane, yourself, Kelley, Kidwell, and myself comprise six of the " Ring."
We shall put it in the best shape possible. We shall try and control the entire lot of asphalt pave-
ments. We will go home Sunday evening and get all things in readiness for 1st of September.

H. D. C. tells me to draw on him for $25,000 cash for Real Estate Pool.
* Hope you will make a special effort in Junction Railroad bonds.

I judge from your telegram to Frank from St. Petersburgh that you will hardly get the Perkins
claim through in time to return on steamer of 16th September; hope, however, you will, as it is
devilish lonesome and quiet here during your absence.

Let me hear from you. Truly yours, HALLET K.

THEY COME DOWN WITH THE CASH.

The publication of this letter was notice to the mean scoundrels who would
have defrauded the widow that unless they came down with the cash there was
more ammunition in the same magazine which would be exploded at the proper
time, and accordingly they settled. As to the bearing of the above letter on the
Heal Estate Pool it was proved and admitted, before the Joint Investigating Com-
mittee of the Forty-third Congress, that H. D. C. stood for Henry D. Cooke, the
governor of the District, who subsequently claimed that he had put up the $25,000
for the firm of Jay Cooke & Co. ; and, still later, Kilbourne & Latta, acting for
the Real Estate Pool, to prevent further exposures, compromised with the trustee
of Jay Cooke & Co.'s creditors by the payment of $40,000 in cash. It was also
admitted that besides the $35,000 advanced by H. D. Cooke, five other parties put
up $5,000 apiece, making a pool of $50,000 for the Kilbourne branchfof the Real
Estate Pool.

Upon the trifling capital of $50,000 this Real Estate Pool accomplished wonders
by virtually making the millions spent for improvements a part of their working
capital and by commanding the credit of the then solvent house of Jay Cooke & Co.

A DEVICE OP THE RING.

On June 20th, 1871, two months before Kilbourne's letter to Huntington above
given was written, the Board of Public Works sent the schedule and estimates of
the improvements contemplated under their "comprehensive plan "to the Dis-
trict Legislature. These documents, as subsequent events have demonstrated,
were framed for the purpose of deceiving the public, as well as contractors not in
the Ring. They contain the official declaration that —

The board is satisfied, upon carefiil consideratioE, that as arule the value of properdin the Dis-
trict will not warrant the general introduction of wood or other expensive pavements, and, if at all
used, it should be confined to a few of the principal avenues of communication.

The estimates included but 231,000 square 5''ards of wood pavement, at prices
ranging from $3 to $4 per yard, while no concretes were estimated for. There
are now fully 2,000,000' sovrare yards of these expensive and altogether worthless
pavements in this city. Jolm O. Evans, Kilbourne, and their associates were so
-well informed of the real intentions of the Board of Public Works, and so sure of
gobbling up "all the concretes," that they imported a steam roller, expensive

98 DISTRICT OF COLUMBIA EING AND DE GOLYER BRIBE.

Stone breakers, and other macliinery, costing over $30,000, and purchased. "a lot
of asphalt " one week before any bids were opened. This false declaration of the
Board of Public Works also enabled them to "gobble up " the right to use in the
District, on very favorable terms, the most profitable patents for wool and con-
crete pavements. Thus the Contractors' Ring was made ready for the carnival
cf plunder.

The northwestern and the northeastern sections of the city slope from the
boundary down to North L and G streets, and were then vast tracts of unim-
proved land, with

LARGE AREAS COVERED WITH WATER

during a portion of the year. The first named locality was selected as the theater
of the Real Estate Pool's operations. Such streets in both of these quarters as
were enumerated in the board's communication to the District Legislature for im-
provement were specified for graveling, with here and there some macadamizing.
Speculation in real estate based upon information open to all of course wils
legitimate. But while the specifications were, so far as the northeastern section
was concerned, adhered to in the limited amount of work done there, the pool
'district was paved with the most expensive wood and concrete pavements. The
avenues and streets were extended through this section and graded, paved, parked
and bordered with shade trees, the reservations laid out and improved in the most
extravagant manner, while over the vast expanse there were dotted, at long dis-
tances apart, only a few scores of dwelling houses. This locality is traversed in
every direction by avenues, and the general government, by the shrewd manipu-
lations of the Committees on Appropriations in the Senate and House, has been
made to pay five-sixths of the cost of improving these, while two-thirds of the
cost of the streets, by the organic act of 1871, was chargeable to the general fund
of the District. Thus it will be seen that but a very small portion of the vast
expenditures which have been lavished on tlie pool property came out of the
pockets of the speculators who profited thereby.

ADDITION, DIVISION AND SILENCE.

The change in the plan which was sent to the Legislature was kept secret for a
whole year. The contracts which were let during that period covered the cen-
tral section of the city and a few main lines of travel into the country, and thus
the public was led to believe that the published programme was to be carried out
in good faith. The first contract of any magnitude for work to be done in the
northwestern section was let August Gth, 1873, to Chas. E. Evans & Co., for
$290,875 worth of concrete pavements to be laid on Connecticut and Massachu-
setts avenues, Eighteenth, L and other streets. Tlie interval between the publi-
cation of the false estimates and this denouement of the plot gave the conspira-
tors ample time to buy up for a song the property they had in view, and when
questioned by the investigating committee, Kilbourne could insolently reply,
"We had faith."

The amount of cash capital with which this huge speculation was started seems
insignificant, but alfthe purchases were made for small cash payments, notes
running a long time being given for the balance, and secured by deeds of trust.
The pool relied on the great profits which they expected to make from sales to
meet these notes as they fell due. They expected outsiders to be inspired with
"faith " as soon as the public became aware of the extent of the improvements to
be made in the pool district. The following transactions show that these expect-
ations were speedily realizea :

DISTRICT OF COLUMBIA RIXG AND DE GO"LYER BRIBE. 99

RING PROFITS.

September 23, 1871, Hallet Kilbourne, trustee, bought of W. W. Rapley 140,-

406 square feet of ground in square 203 for $2l,/)2.'5, of which $15,000 remained

at G per cent, interest, secured by deed of trust. Tlie same lots were sold March

22, 1873, to Charles Payson, for $35,785, subject to the deed of trust for $15,000,

or in toto for $50,875. This transaction may be summarized as follows :

Outlay of Real Estate Pool ; cash paid September, 1871 $0,525 00

Interest on cost and incumbrance for eisjhteen months 1,291 50

Taxes for one year ou assessed value of $19,888 400 00

Total cash outlay $8,216 50

On this expenditure of $8,216.50 they received within eighteen months $35,875,
a net profit of $27,658 cash, which is equal to a return of $436 for an invest-
ment of $100.

Another illustration. Lot 4 in square 157 was bought September 27, 1871, and
sold May 3, 1873. The expenses, calculated as above, foot up about $3,162 cash,
and a net profit of $5,443 was realized thereon. In this instance an outlay of
$100 brought back $272.

These sales were made at a time when the pool wanted money to meet deferred
payments on other property. The major portion of their purcliases were made,
however, at twenty-five or thirty cents per square foot, and all this property is
now held at from $1.50 to $ 2 per foot.

The dates of these transactions show that while the Board of Public Works
misled outside capitalists by false official statements, Henry D. Cooke, the Gov-
ernor of the District and ex officio President of the Board of Public Works, pros-
tituted his oflicial position by entering into a conspiracy to deceive the public,
and, by

SPECULATING ON INFORMATION

known to him only as a sworn officer, thereby enriched himself and his confed-
erates. He furnished one half the capital of this cash pool; and had not bank-
ruptcy overtaken his firm, the secrets of this conspiracy would in all probability
have been unknown to-day.

The other branch of the Real Estate Pool which was ostensibly headed by Wil-
liam M. Stewart, and for which Latta, Kilbourne's partner acted as trustee, un-
doubtedly acted in harmony with the Kilbourne-Cooke branch.

Curtis J. Hillyer and Thomas Sunderland, two Pacific coast speculators, were
associated at different dates — the former in May, 1871, and the latter about May,
1872 — with Stewart. The operations of Stewart in mining stocks had so crip-
pled him that in December, 1872, he was compelled to retire from tlie Real
Estate Pool; but he received a bonus of $18,000 for his interest in the profits to
be realized. Hillyer and Sunderland remained, and Latta conducted all their
operations as trustee in the same secret manner which Kilbourne' originated for
his co-conspirators.

All the best tracts of land held by the trustees could be sold by them in fee

simple or mortgaged without the interference of the parties for whom they were

acting, as will appear by the following, which formed the habendum clause in

every deed by which property was conveyed to them :

" To have and to hold the same pieces or parcels of grounds, premises, and appurtenances unto
and to the use of the said party of the second part, his heirs and a-signs in and upon the trusts,
and for t!ie purposes particularly set forth in a printed paper bearing even date with these presents,
and signed by the said party of the second part with full power, however, in the said party of the
second part to sell and convey said property in fee sinaple, or by way of mortgage, or deed of trusf,
to secure payment of money at such time and place, or such sums of money, upon such terms and
in such manner as in his judgment may be proper, without any liability on tne part of the pur

DISTRICT OF COLUMBIA EIJI9./AND DE GOLYEPw BRIBE.

chaser or mortgagor to see to the application of the purchase money, or money advapced on mort-
gage or deed of trust as aforesaid."

The "printed paper" referred to in the above quoted habendum clause was a

skillfully drawn instrument of concealment. The following is a copy of the

form used by the Kilbourne branch of the pool :

THE INSTRUMENT OF CONCEALMENT.

" TlTiereafi, The following real estate in the city of Washington, District of Columbia, has, by
the parties hereinafter named, and by deeds bearing dates as stated (property described by squares
and lots), been conveyed to me in fee simple;

" To have and to hold the same upon trusts and for the purposes set forth in this paper signed
asid sealed by me, bearing even date with the said deeds. And whereas, the cash payn;ient of the
purcha^^e money for said property and other was advanced by the following named persons, in re-
spective sums set opposite their names, to wit:

Jay Cooke & Co $25,000 00

Five other parties, each g5,000 25,000 00

Total $50,00000

And Wliereas, Promissorjr notes for the deferred payment of the said purchase money have
been given for the said parties respectively as follows: Jay Cooke & Co., one-half; five other
parties, each one-tenth.

Now, therefore, this is to declare that I hold said real estate in trust, to be held, managed and
Paid for the above-named parties in fee simple as tenants in common ; the interest of said parties
in said real estate being in proportion to the smns paid by them respectively. It being understood
that upon the failure of any of the said parties to pay their proportion of said notes or interests or
taxes, as the tame become due (tirst havmg been notified of the amount reqiiirt-d and time of pay-
ment), then the same may be paid by the remaining parties in interest, and, at their option,
ref imd to such delinquent party or parties the sum of money previously advanced without interest,
and such delinquent's interest in said property shall revert to the remaining parties in proportion
to amounts severally advanced by them to nialve good said delinquent's interest.
Given under my hand and seal this 2d day of October, A. D., 1872.

(Signed) HALLET KILBOURNE, Trustee. \\.. s.]

We acknowledge the above statement to be correct, and agree to the sinue.

(Signed) JAY COOKE & CO.,

And by five others.

TRYING TO DEFRAUD CREDITORS.

On September 18, 1873, Jay Cooke & Co. failed, and six days later the conspira-
tors interested in the Real Estate Pool, with the assistance of the members of the
firm of Jay Cooke & Co., undertook to defraud the creditors of that concern by
availing themselves of the clause in the " printed paper " to call in an assessment.
Thi.s, of course, Henry D. Cooke declared himself unable to pay, in order that
there might be an opportunity to forfeit his interest and thus prevent the ajffairs
of the pool from being overhauled in the bankruptcy proceedings. In conse-
quence of this action of the Ring a suit was entered in 1875 by the trustee of Jay
Cooke & Co. 's creditors to compel Kilbourne & Latta, as the trustees of the
Real Estate Pool, to state an account. This frightened all the men who were
interested in the pool, and pressure was brought to bear on Mr. Lewis, the trustee
of Cooke's creditors, who finally compromised the matter on the payment of
$40,000 by Kilbourne & Latta — a sum altogether inadequate, since the profits of
the Ring, as has already been shown, were very much larger.

The intimate connection of the two branches of the Real Estate Pool is evi-
denced by a transaction recorded October 2, 1872, when James M. Latta, the
trustee of the Pacific coast pool, conveyed 273,000 square feet of valuable ground
in the northwestern section, on which, according to the records, cash payments
to the amount of nearly $50,000 had been made to Hal let Kilbourne, trustee of
the Cooke pool, for a consideration of one dollar! Latta, when examined before
the joint select committee in 1874, in vain attempted to explain, this transaction,
but the most he claimed was that he had received from Jay Cooke & Co.'s bank
about $6,000 on the order of Kilbourne to make the purchase. On the other
side, Kilbourne, trustee, conveyed in May, 1872, square loG, for which his pool
had paid $13,748 cash, and gave a deed of trust for $52,000 (total $05,748), to
James M. Latta, trustee, for $90,429. subject to the above-mentioned deed of
trust, making a total of $143,177.

DISTRICT OP COLUMBIA KING AND DE GOLYEK BRIBE. 101

TO MISLEAD FUTURE CUSTOMERS,

and settle with their secret allies, numerous bogus transactions were put on
record. For instance, Stewart and Hillyer purchased in June, 1871, squares G6
and 93 for $64,700. After Hillyer bought out Stewart he kept a piece of land
from the above, which was proportionately worth $6,500, and conveyed the rest
in March, 1873, for a consideration of $125,000, subject to a deed of trust for
$51,700, to James M. Latta as trustee.

The titles to the rest of the pool purchases oscillated between the three mem-
bers of the firm of Kilbourne & Latta (John F. Olmstead being the third mem-
ber), as the necessities of covering their transactions seemed to dictate. The
aggregate purchases of the two pools from July, 1871, to July, 1873, were 2,450,-
046 square feet of ground, for which they paid $704,267. 30 — about one-fourth in cash
and the balance in long notes. This shows an average of about 29 cents per foot.
There were in 1873 bona fide sales of pool property recorded, amounting to 307,-
614 square feet, yielding over $217,000, or an average of nearly 70 cents per foot,
and 75,223 square feet were withdrawn as sites for the palaces of Messrs. Stew-
art and Hillyer. At this date there are 2,063,219 square feet standing in the
names of Kilbourne, Latta and Olmstead, trustees, which, at the prices asiied,
aggregate fully $2,500,000, They are assessed, however, even now under the
revised assessment at only $617,253, or 29f cents per foot, which simply repre-
sents the cost price of the ground when it was unimproved and some of it under
w^ater.

THE PEOPLE HAVE TO FOOT THE BILLS.

The improvements in this pool district, which were paid for out of the United
States treasury, and from the general fund of the District, aggregate fully
$4,000,000. The profits on these Ring transactions must amount to fully $1,500,-
000 ; but, notwithstanding this fact, Kilbourn avers that of the 2,000,000 square
feet held by himself and Latta and Olmstead, only 257,123 square feet belong to
the Cooke pool, and proposed to settle with the trustees of Cooke's creditors for
$40,000, and this proposition was accepted.

Besides the direct pool operations, the most trusted friends of the Ring in and
out of Congress speculated largely in property situated in the pool district on
their own account, in addition to their secret interests in the pool connections.

HOW SOME ROGUES WERE PAID.

Secor Robeson, in the name of Augustus S. Campbell of Chicago, bought in May, 1872, square
193, containing 155,526 square feet for $79,841, subject to the payment of a heavy mortgage. Part
of this pquare be has since exchanged for Little Emma Stewart's old brown stone house fronting
on the Fourteenth etreet circle.

Secor Robeson's bosom friend, A. G. Cattell, bought in August, 1871, about 35,000 square feet
of ground in square 195 for $23,000. He was Boss Shepherd's first choice for District Commis-
sioner, but failmg to get him, Ketchum was taken as second best.

Stewart's pal in the Little Emma Mine swindle, Robert C. Schenck, bought in April, 1871,
square 135, containing 35,918 square feet. This is adjacent to Stewart's new mansion.

E. C. Ingersoll, cx-member of Congress from Illinois, formerly Chairman of the District of Colum-
bia Commiitee of the House, and nowanotoriouslobbyist and dabbler in street contracts, bought in
the spring of 1873 square 137, containing ]()3,440 square feet, for $80,000, subject to a heavy mort-
gage. This thriving statesman owns besides over 20,000 square feet in smaller parcels throughout
the pool district.

Ex-Senator Joshua Hill, of Georgia, owns square 137, containing 83,780 square feet.

Ex-Attorney-General Williams purchased the larger portion of square 159. and has advantage-
ously disposed of the greater part of it.

John O. Evans, the Boss's "gquarest contractor." owns square 190, containing 159,264 square
feet, besides numerous parcels, and has lots in various parts of the pool district.

Ex-Senator Pattt^rson speculated largely in connection with Boss Shepherd in property situated
in the pool district, but this is now in the name of either Kilbourne or Latta, trustees, perhaps to
cover up interests which the honorable gentlemen do not desire the public to know about.

These facts make it clear that the Real Estate Pool was designed not only to en-
rich the master spirits of the District Ring proper, but also to afford a means of

102 DISTRICT OF COLUMBIA RING AND DE GOLYER BRIBE.

securing the assistance of influential Federal offlceliolders and Congressmen, and
a perfectly safe way of paying these corrupt men for their services.

A FEW SrECIMEN FRAUDS.

The first step taken by the Board of Public Works after their induction
into office presaged dire results. To the suspicion of corruption and jobbery
which attached to the Board of Public Works, were added grave doubts of their
competency for the performance of the work confided to them. We adduce a
few instances. On July 15th, 1870, Congress appropriated at the instance of the
speculators we have outlined above, $50,000, "for the purpose of dredging, nar-
rowing or arching over the city canal," under the supervision of the Board of
Commissioners, of which General M. Michler, then Commissioner of Public
Buildings and Grounds, was the expert member, on condition that the city of
Washington should raise by taxation $100,000 for the same purpose. In Novem-
ber, 1870, these commissioners, Hallet Kilbourne being one, entered into a con-
tract with John O. Evans, under the firm name of Teemyer&Co., "to dredge,
clean out and narrow," according to General Michler's plans and specifications.
Before any work was done on this contract the same unscrupulous operators
procured a clause to be inserted in the appropriation act, approved April 20, 1871,
by which all the powers of the Canal Commissioners were transferred to the
Board of Public Works, so that the board, with A. B. Mullett as its Civil Engi-
neer, became responsible for this work. First, under pretence of narrowing the
canal, worthless walls were built upon shaky pile foundations, which soon gave
way. To hide this jobbery, the Board of Public Works decided to fill up the canal,
but before this decision was made the $50,000 appropriated by Congress had been
squimdercd, and in addition, as is admitted by Shepherd in his report, dated Feb-
ruary 28, 1874, to the Joint Investigating Committee, $109,221.01, making a total
of $159,221.01 actually thrown into the old canal. Then for filling the canal, fa-
vorite contractors were paid in addition to the regular price allowed for grading
on the streets in August, 1872, and January, 1873, upon measurements made by
Babcock, $122,216.80. And again in January and August, 1873, another sum of
$213,550.70 was paid for arching (or making a sewer of) this same canal. And
further still, Babcock diverted additional sums for grading reservation No. 2, to
pay for filling the canal. This same imbecile policy of doing and undoing this
work has been, and is being continued up to the present day by means of bonds
and cash derived from District sources at a total cost so far of about $600,000.

THE TWEED RING OUTDONE.

North Capitol street was put under contract by the old corporation to be paved
and improved with a park laid out in the center of the street : the Board of Pub-
lic Works continued this contract and finished the street at a cost of $60,245.11;
but while the contractor was still at work under the contract let by the old cor-
poration, another having a contract from the Board of Public Works followed,
tearing up the work just finished. The object of this last improvement (?) of
North Capitol street was to make property which had been purchased by Shep-
herd, A. R. Corbin — Grant's brother-in-law — Huntington and others more valua-
ble, by diverting a natural water course which ran through it to the center of the
above named street.

In November, 1871, before the special election took place on the second $4,000,-
000 loan bill, various streets and roads were in process of improvement. Among
others, the Seventh street road, a country thoroughfare nearly three miles in length,
and leading to Shepherd's country seat, was included in the schedule of the so

DISTRICT OF COLUMBIA KING AND DE GOLYER BRIBE. 103

called "Comprehensive Plan of Improvements" authorized by the Legislative
Assembly. The work to be done on this road was estimated, under the head of
"repairs," at $2,500. Subsequently Shepherd claimed before a committee of
Congress that this was a typographical error, and that the figures should have
been $33,000, and that the repairs were to consist of a new macadamizing of the
whole road. The footings of the figures in the columns of which the estimated
cost of the various improvements were carried out, branded this sworn statement
of Shepherd's as a deliberate falsehood, but still the Committee accepted it as a
truth, and it was three j^ears before the entire cost of improving the Seventh
street road was discovered. The official figures submitted to Congress in the
spring of 187o show that the enormous sum of $200,239.39 were squandered on
this imperfectly constructed road. It cost $70,000 per mile — more than is re-
quired to build and equip a railroad the same distance. The direct expenses of
registration, advertising, &c., for the two elections in 1871, exceeded $100,000.

LETTING CONTRACTS AND FIXING PRICES.

On August 21st and 25tli, 1871, bids were invited for laying wood, tar, Maca-
dam and Belgian pavements, for curbs, sewers, &c., on certain specified streets.
The bidders were required to deposit with the Collector of the District $1,000 on
each item bid for, as a guarantee that tlicy would conform with any award made.
On September 13th Shepherd moved in the Board meeting, that the Collector re-
port the amount of the guarantee fund then received, from whom, and at what
date. In this way it was found that responsible contractors outside the Ring had
made bona fide bids. Thereupon all bids received were rejected, notwithstanding
the plighted faith of the government to award the contracts to the lowest respon-
sible bidder. All the profitable work was then arbitrarily awarded to favor-
ite contractors, at prices established by the Board, which were arrived at by
averaging the bids of contractors who were decided by the Board to be responsi-
ble. To keep up appearances, outsiders got small contracts for less desirable
work at less remunerative rates. Simultaneously it was determined to establish
a Property Bureau under the philanthropic pretext of aiding contractors having
limited capital. The real object of this system was to enable the ring jobbers to
get the benefit of the wide margin between nominal or card prices and the heavy
discounts allowed to wholesale customers. By these bold moves, successfully
carried out, the ball opened and the jobbing began in real earnest.

In October, 1871, the great Chicago fire occurred, and Governor Cooke called
an extra session of the Legislative Assembly for the exclusive purpose of voting
$100,000 for the relief of the suffering people of that afflicted city. The issue of
five-year bonds was accordingly authorized and negotiated, but it took more than
a year's begging to get $07,500 into the hands of the Relief Committee ; the bal-
ance was swallowed up by commissions and otherwise absorbed.

A WHITEWASHING INVESTIGATION.

By December, 1871, the opposition to the Board of Public Works, on the part
of the citizens, had assumed formidable proportions. Petitions signed by great
numbers were presented to the House of Representatives demandmg an investi-
gation. After much opposition on the part of the Ring, the House, on January
22, 1872, directed the Committee on the District of Columbia to investigate the
Board of Public Works. The Republican majority of the Committee threw every
obstacle in the way of the citizens who were prosecuting the inquiry. Witnesses
were bullied, badgered and browbeaten by attorneys employed by Shepherd to
conduct the defense of the Board of Public Works. But notwithstanding all this

104 DISTKICT OF COLUMBIA RING AND DE GOLYER BRIBE.

opposition, the most damaging revelations of Ring rascalities were made. The
Republican majority, however, undertook to vindicate the Board of Public Works.
We quote extracts from their report as follows :

The Committee find great cause of commendation for the enersry, liberality and Kcnerons
desire to improve and beautify the National Capil al. * * They also find the ordinary and usual
errors attendant upon the establishment of a new system of government ; there was inexperience
on the part of the many. * * Tliere was a lack of careful and cool legislation. * * The new
authorities became somewhat intoxicated with tlie spirit of the movement ; * * more work was
midertaken at once than was wise. The District authorities at the outset were not sufficiently
mindful of the small extent of their official jurisdiction and the slender consistency on which all
the public burdens were to rest, and therefore sufficient care was not taken to have rigid economy
prevail in every department. The-e errors were such as time and experience w^ould soon demon-
strate, and the Committee find that many of these expenditures have already been curtailed, and a
more stringent economy now prevails in the conduct of those public officers. * * The defects
in some of'the pavements resulted from the great haste during bad weather. It does not appear In
any case that the contractors intentionally laid inferior pavements. All defects are to be remedied
by the cont.ract(»s, who are bound by contract and by bond in every case to keep the pavement
in good repair for three years. =^ Concrete and wooden pavements arc somewhat experi-

meiital. Time alone can determine the wisdom of their adoption.

In concluding their report the Committee extol t!ie governor and the members of the Board
of Public Works for "• the zeal, energy and wisdom with which they have started the District upon
a new career of improvement and prosperity."

A letter of Governor Cooke, dated February 7, 1873, was published with the
report, in which he reiterated former pledges by saying, "the $4,000,000 author-
ized by the first act of the Legislature are all that is deemed necessary to carry
out and perfect the general plan of improvement adopted by the Board of Pub-
lic Works and the Legislature."

AN HONEST MINORITY TELL THE TRUTH.

The minority of the committee, Messrs. Roosevelt and Crebs, in a dissenting
report boldly exposed the attempt of the majority to palliate the glaring frauds
committed by the Ring, and foretold the bankruptcy impending over the District.
They pointed out the fact that the local press of the District had been subsidized
by the Ring ; that during the few month's existence of the territorial govern-
ment $143,635.03 had been paid to a few newspapers with a limited circulation
for advertising. They denounced the excuse which the governor and Board of
Public Works had put forward for his reckless and profligate expenditure of the
public money, which was tliat by this means the newspapers had been brought
to support the $4,000,000 loan bill, and had by their advocacy of the measures of
the new government created a favorable sentiment on the part of the people, and
thereby brought up the credit of the District in the markets of the world. In
concluding their report the minority say, *'that the powers assumed and exer-
cised by the Board of Public Works arc dangerous to the best interest of the
District and the reckless extravagance of all departments of the District govern-
ment ought to be checked." But the warning voice of the honest men who
composed the minority of this committee was not heeded by the administration
or by Congress. They were maligned and vilified by the subsidized Ring organs
of the District. On the other hand the Board of Public Works accepted
the invitation tendered it by the House of Representatives, not only as an in-
dorsement of all their past acts, but as a broad license to do in the future what-
ever their sweet will might dictate.

THE RING CArTUKE GARFIELD.

It was necessary, in order to accomplish the design of the ring, in obvaining
enormous appropriations from Congress to pay for these improvements about
imaginary reservations, that it should have serviceable friends on the Committee
of Appropriations. James A. Garfield was chairman of that committee. In the
spring of 1873 a needy adventurer named Chittenden came to Washmgton as the
agent of De Golycr & McClellan, a firm of Chicago contractors, who wanted a

DISTRICT OF COLUMBIA RING AND DE GOLYER BRIBE. 105

contract to lay a patent wood pavement. He made liis first overtures to W. S.
Huntington, but death interfered. A decayed parson, the Rev. Wm. Colvin
Brown, introduced Chittenden to Henry D. Cooke. Richard C. Parsons, Marshal
of the Supreme Court, and who had converted that respectable office into a head-
quarters for the lobby, where venal schemes were canvassed and concocted,
was the intimate friend of Gen. Garfield, and was employed by Chittenden to
secure his influence. H. D. Cooke, the Governor of the District and member of
the firm of Jay Cooke & Co., had been the medium through whom the delicate
negotiations were made by which the empty pockets of honorable patriots in
Congress were stuffed with Northern Pacific bonds and other " securities," the
value of which depended upon legislation. Cooke and Parsons were intimate
friends. Shepherd was President of the Board of Public Works. Cooke con-
senting, a word from Shepherd put millions into the contractor's pockets. Par-
sons was examined before the Joint Investigating Committee of the Forty-third
Congress in relation to his employment by Chittenden and the services he
rendered.

DICK parson's testimony.

In the spring of 1872 (I think in April), I was retained by Mr. Chittenden, as a lawyer, on behalf of
the firm of Do Golycr &, McClellan, of Chicago, to argue before the Board of Public Works at
Washington the question of the superiority of tlieir patent for cured wood pavement.
* * * * At the time I was retained in this case I scarcely knew Shepherd by

sight. * * * * With Cooke, who was an old and intimate friend, I never

spoke but once, to my recollection, on the subject. * * * * With the

other members of the Board 1 had no acquaintance, and never to my knowledge spoke to one of
them.

I was called homo to Cleveland by mattars of a prcssin:^ private naturo, and feeling great
solicitude as to the resulr, of my labors, and of course of securmg my fees, I called upon Gen. Gar-
field and gave hmi a hi^itory of the case as it then stood, and asked him, as Congress would adjourn
in a few days, if he would act for me in my absence, and give the subject a careful investigation.
He at first d' clined on the ground of pressing bu8ine^s, but finally assented to have me send thc^
model, books, papers, &c., to his house for examination. After a day or two I called upon him
and he said he would prepare an opinion as to the merits of the patent and attend to the case fo'^
me. I said to him I had a fee in the case of importance to me, and would be glad to share it with
him. The same day, or day after, I left for Cleveland, and when I received my fee some consid-
erable time after from my clients at Chicago, I deposited Gen. Garfield's to his credit in bank, and
go wrote him.

Q. Do you know a Mr. Brown in connection with this De Golyer and McClellan )natter ? A. I
do; Mr. Brown was the brother of Mr. Thomas Brown, who was for some time acting as Assistant
Secretary of the Treasury. He was six years consul at Hamburg. He was an Episcopal clergy-
man.

Q. The reason I inquire is this: Mr. Cook, the book-keeper of De Golyer and McClellan, stated
that a Mr. Brown had received $10,000 ? A. So I afterward heard, but I know nothing of it and I
have no personal knowledge.

Q,. Have you any obj-ction to stating the amount received hj you ? A. Not at all, sir.

Q. State the amount received ? A. I received from Mr. Chittenden at the lime I was retained,
or within a few days afterward, I think, his check for $.5,000, with the understanding that if an
award was made covering the amount of his contract that I should recover a coatingent fee of
§10,000, which some time afterward was sent to me from Chicago. The total amount received by
mo was $15,000. *****

Q. When was Gen. Garfield retained? A. He was retained by me after^va^ds, as I stated to the
Committee, to prepare an argument to present to the Board upon the superiority of the patent and
the fact that it was the best pavement.

Q. Was your argument on the legal Question? A. No, sir; there was no dispute as to the
patent, but there was an important question as to which, of nil the patents presented, was the best
one. My irgument related entirely— absolutely covering the ground of the patent, and of all
patents before the board; it was claimed that this patent had a peculiar virtue in curing the wood.

THE TESTIMONY OP MCCLELLAN AND COOK.

Robert McClellan, one of the contractors, testified as to what they understood

they were paying Parsons and others for.

Q. Now when Mr. Chittenden came to Chicago,— I want you to state now, as nearly as you can
what he said to you with reference to furnishing money ? I would be glad to have you now, ma
connected form, state the conversation between you and Mr. Chittenden on that subject. A.
When Mr. Chittenden came to Chicago, he said he wanted S100,l,0v), but .that ^e j^^^^ '^^g^'J ^«
that he could get along with $97,000. I asked him what he wanted with $97,000. He said he
wanted to pay his expenses and part of the national debt.

J. S. Cooke, the attorney and business man of De Goiyer & McClellan,

through whose hands the accounts passed, testified as follows :

100 DISTEICr OF COLUMBIA EIXG AXD DE GOLYER BRIBE.

My transit account showed a disbursement of $97,000 as follows : "May 20 Col, P.," meaning
Col, Parsons, "$5,000; July 12, Bills payable, $72,000," no explanation; 'July 12,12th R. C.
P.," meaning Richard C, Parsons, " $10,000 ; July 12th, W. C. B.," meaning the Rev. Wm, Colvin
Brown, " $10,000."

Q. Does that show the date of this transaction ? A. It shows it as it was represented to me.

THE TESTIMONY OP E. C. JENKINS.

De Golyer died, and liis interest in the firm of De Golyer & McClellan
passed into the hands of C. E. Jenkins of Chicago, with all the papers and cor-
respondence relating to the contract at Washington. The ring after squeezing
$97,000 out of the contractors stopped their work without notice. The purpose
evidently was to squeeze more money for the benefit of the friends of the ring.

Mr. Jenkins came to Washington armed with some of Chittenden's letters to
De Golyer and notified Shepherd that unless their contract was renewed an ex-
posure would follow. He exhibited some of these letters to the correspondent of
the New York Sun, who when he was examined by the Investigating Committee
repeated the substance of Chittenden's letter to De Golyer, wherein he speaks of
the employment of Garfield. A copy of this letter has since been sworn to by
McClellan as an exhibit in a suit brought in the Circuit Court of Cooke Co., 111.,
by Chittenden against McClellan to recover money claimed to be still due liim.
The part of this letter which relates to Garfield is as follows :

The influence of Gon. Garfield has been secured by yesterday, last night, and to-day's labors.
He carries the pursue of the United States— the Chairman of the Committee on Appropriations— and
is the strongest man in Congress, and with our friends my demand is to-day, not less than one
hundred thousand more— two hundred in ail. Everything is in the best shape, the connections
complete, and, I have reason to believe, satisfactory. * * =■< j can hardly re-

lize that we have Gen. Garfield with us. It is rare and very gratifying. All the appropriations of
the District come through him.

Mr. Jenkins was examined by the Joint Investigating Committee, and testified
as follows:

Q. Mr. Jenkins, I want to call yonr attention to some quotations here. I will refer to a letter
dated about the 1st of June, 1872, written by Mr. Chittenden to De Golyer & McClellan. Do you
remember any such letter? A. I remember reading a letter written about that time, and addressed
to the firm. It was written by Georjje It. Chittenden; I know his handwriting.

Q. Canyon state the substance of it? A. I can state some portions of it. * * * All
those letters bear date before the 1st of June, 1872; they run along, say from the middle of January,
or perhaps the 1st of Februarj', up to the 1st of Mav, which I think was the last date; after that I
have seen no correspondence whatever. Tliis award was made on the 25th of June following' that last
lettvr of the 30th of May. In that letter of the 30th of May he commenced by stating that Col. Par-
sons had arrived, and goes on to say tliat things are looking better; that he is sw^e he will get one
hundred thousand square yards, and very probably another hundred thousand, making two hun-
dred thout^and in all. He writes in a jubilant vein. He says that the wfluence of General Garfield
has been secured, and goes on to make some statements in regard to his position in the councils of the
nation, and then passes off to other matters. Now, that is about all I recollect of that letter. * *

The day following the time when I showed that letter to Mr. Gibson, I left for Chicago the fol-
lowing evening. I saw him in the evening, and he requested me to let him have a copy of the let-
ters. I told him that I had had copies of those letters myself, but that they were safe in my keep-
ing. * * *

Afterivard, on thinking the matter over, I concluded that a great many wrong inferences might
be drawn from statements made in those letters in connection with parties in Washington, &c., in
connection zuith Colonel Parsons and General Garfield, aud / destroyed tliem. I destroyed the letters
and copies which I had.

Jenkins did not tell all he knew; he had something in reserve, and shortly
afterwards Shepherd renewed the contract to the extent of $120,000.

THE DE GOLYEIl BRIBE INVESTIGATED IN 1877.

General Garfield made no statement at that time in regard to his connection
with the De Golyer & McClellan job. In 1877 the subject of his connection with
the District Ring was inquired into by the Real Estate Pool Committee of the
House. Boss Shepherd was examined. lie testified in regard to the contract
given to De Golyer & McClellan as follows :

Q. How was their contract procured; was it through them in person, or their agents and attor-
neys? A. There was a man named Chittenden who came here and spent a good deal of time lobby-
ing—a man that I did not have ninch to do with, and did not think much of, because my policy was
to deal directly with principals and not their agents; he wao very persistent, however, and brought

DISTRICT OF COLUMBIA EING AND DE GOLYER BEIBB. 107

a good many influences to bear. I think by importinity as much as anything else, ho secured his
contract, representing that the firm had large facilities for doing work; had been very lar^'e con-
tractors in Chicago and the Northwest, and had done a great deal of work satisfactorily. °

Q. You speak of intlnences that he brought to bear; explain what they were. A. Well, he used
a good many social appliances; friends of the different members of the board and Governor Cooke
especially. Governor Cooke was very anxious that they should have a trial; I think Mr. Parsons
was a very great friend of Governor Cooke. Mr. Parsons was at that time marshal of the Supreme
Court, and an Ohio man, and state influences, I suppose, had something to do with It. Mr. Par-
sons was quite persistent that they should have a trial, and I think asked Mr. Garfield to speak to
certain m.embers of the Board in reganl to it. * * *

Q. You say that Mr. Parsons spoke to Mr. Garfield? A. I presume so, from the fact that Mr.
Garfield spoke to me. Mr. Garfield eaid that Parsons was very anxious that these people should
liave work, and that we had not given the Western men a show. He thought it would be well to
do it; he said he had examined into the pavement, and was satisfied that it was a good thing.

Q. Was that all that was said by Mr. Garfield? A. Yes, sir; he said he had examined into the
pavement— I do not know wlicther at that time or before— and into their manner of treating the
wood, and was satisfied that it was a good pavement. I think he stated that ho had been employed
some years before to look into the matter, or something of the kind.

THE TESTIMONY OF NICKERSON.

Benjamin R. Nickerson, who was associated with De Golyer & McClellan, and
was the owner of the patent process for treating the wood, testified at this time.
He read first from the award of De Golyer & McClellan :

June 25, 1874, Chief Engineer was directed to prepare contract with DeGolyer & ^rcClellan, of
Chicago, for laying 150,000 square yards of DeGolyer pavement No. 2, treated by the Samuels' pro-
cess, and to be laid on such streets as may be designated by the Board, and to be completed in five
months, and an additional 50,000 square yards as soon as the Board are reimbursed by the general
government on account of the expenditure.? around public buildings and grouncis, and they will
be allowed to lay it this season if they will wait for an appropriation, at $3.50 per square yard.

Q. Do you know what appropriation is referred to there; is it an appropriation by Congress ?
A. Yes, sir ; I know that fact, and there was afterwards an appropriation.

Q. State anything further that you know in reference to this transaction. A. I know all about
the matter in all its phases ; through Chittenden & Parsons I know of the employment of Garfield,
and wliat he was employed for; I was in their confidence; I was a party to the "transaction; I was
interested in the contract itself.

O. State the facts themselves as concisely as yon can. A. In the progress of the affair Chittenden
employed Mr. Parsons, with the understanding that Parsons would go to the Board and make an
argument ; I regarded him at tlic time as a kind of curbstone attorney ; I did not take much stock
in him, but I was informed by McClellan and by Chittenden, as near as he ever gets to tell-
ing a man anything, why they employed him; Chittenden said that he employed Parsons to
" reach the man," or that he was " able to reach " the man who was perfectly and entirely power-
ful in obtaining for him the contract; this was after Huntingdon's death. First ho employed
Huntingdon and afterward employed Parsons, assuring me that Parsons could " reach the man;"
I did not ask who the man was; I knew perfectly well whom he referred to.

GEN. Garfield's statement.
Gen. Garfield came before the Real Estate Pool Committee and made a state-
ment. He said :

" I never paw this contract before, and I want to say a word in regard to the word " appropria-
tion" used in it. It has no more reference to Congress, than it has to Great Britain. The Board
of Public Works under the general law of legislation for the District government made appropria-
tions themselves, and taxed the people along the streets where these improvements were made, by
the front foot. * * The only connection that the United States had with it in reference to

appropriations was this: Whenuver the Board of Public Works laid a pavement on a street upon
which any United States building was situated. Congress as a matter of comity, as it does in every
other city in the Union, paid its quota of the assessment per front foot. That is the only relation
that Congress had to any of these improvements. * * I cannot be expected to e.xphiin the

languageof this contract, which I have never seen before, but if the chairman will look at the ap-
propriation bills, especially in 187'3, he will find that there were several appropriations made : one
(§180,000 I think) to reimburse the old Washington corporation, previous to the creation of the
Board of Pnblic Works, for work that was done around the government reservations. The old
canal had been filled, and the Smithsoniait grounds had been bettered by that improvement, and
there Mas an appropriation to reimburse the old corporation for that part of the improvement
which lay beside the pnblic grounds of the United States; m that same bill there was also an ap-
propriation made to reimburse the Board of Public Works for the government share of the im-
provements in front of the public buildings and grounds. A day or two before the adjournment of
the Congre-'S which adjourned in the latter part of May, or the first part of June, 1872, Richard C.
Parsons, who was a practicing lawyer in Cleveland, b .t wa-^ then the Marshal of the Supreme
Court, and an old acquaintance of mine, came to my house and said that he was called away sum-
marily by important business; that ho was retained in a case upon which he had spunt a great deal
of time, and that there was but one thing remaining to be done: to make a brief of the relative
merits of a large number of wooden pavements; that the Board of Pnblic Works had agreed that
they would put down a certain amount of wooden pavement iii the city, a certain amount of con-
crete and a certain amount ot other kinds of pavement; ttiat they had fixed the price aL which they
would put down each of the different kinds, and that the only thing remaining was to deiermine
which was the best pavement of each of these several kinds. He said he would lose his fee unless
the brief and the merits of these pivements were made, aud that he was suddeidy and necessarily
called away; and he asked me to prepare the briefs. He brought liia papers to my house and

108 DISTRICT OF COLUMBIA EII^G AND DE GOLYER BRIBE.

models of the pavements. I told him I conld not look at the case nntil the end of the session.
When Confjress adjourned I sat down to the case in the most fipen manner as I would prepare a
brief for ihe Supreme Court and worked upon this matter. There were perhaps forty kinds of
wood pavements and several chemical analyses of the ingredients of the different pavements; I
went over the whole E^round carefully and thoroughly,and prepared a brief upon the relative claims
of these pavements for the consideration of the Board. This was all I did. I had nothing to do
with the terma of the contract; I knew nothing of its conditions, and I never had a word to say
about the price of the pavement. I knew nothing about it. I simply made a brief upon the relative
merits of the various patent pavements.

GEN. GAKFIELD'S STATEMENT TOO THIN.

The weakness of Gen. Garfield's statement is three-fold.

First, he says that the Board of Public Works, under the general law and the
legislation of the District Government, made the appropriations themselves.
The award to DeGolyer & McClellan gives them an additional 50,000 square
yards contingent upon the reimbursement of the District by the general govern-
ment. They could go on and put down the pavement at $3.50 per yard, provided
they would wait for an appropriation. Language could not make it plainer.
The District Ring claimed that the government of the United States should pay
them a large sum of money. DeGolyer & McClellan were to have 50,000 square
yards more, at $0.50 a yard, provided an appropriation was made by Congress.
It will be shown hereafter that through General Garfield's influence this appro-
priation was obtained.

Second, he says that all he did was to prepare a brief on the relative merits of
the various patent pavements. When examined in regard to this he could not
remember that he had ever filed .such a brief with the Board of Public Works :

O,. I understand you to say, Mr. Garfleld, that you prepared a brief after Mr. Parsons ^voutaway,
and that you filed it with the Board of Public Works , is there such a brief on file '? A. My
Impression is that I filed it, though I am not certain. I know that I stated to the Board of Public
Works the points of the case.

Q. Are you certain that you filed it with anybody ? A. I think I did, but I v/ould not say posi-
tively that I did.

Q. Did you make an argument ? A. I made a careful study of the case, and I stated the points
to the members of the Board.

Q. Did you ever meet the Board collectively together as a Board and ever make a statement or
argument upon the subject ? A. I do not know whether the members of the Board were all there
or not.

Governor Shepherd, when examined in regard to General Garfield's part of
this transaction, did not remember that he had made any argument to the Board.
He said :

Mr. Garfield spoke to me. Mr. Garfleld said that Parsons was very anxious that these people
should have work, and that we did not give Western men a show, and he thought it would be well
to do it. •

His brief, or argument, therefore, seems to have been made to Boss Shepherd,
and it was that "Western men ought to have a show."

Third, General Garfield says that what he did was after Congress adjourned,
after the first of June. Shepherd testified that Garfield spoke to him in regard
to the DeGolyer & McClellan contract in the spring of 1873. His language is,
" It must have been in the spring of 1872."

The patent pavement known as Do Golyer No. 2, which General Garfield says
he examined so carefully, was well known at that time to be worthless. A
large quantity of it had been put down in Chicago only the year previous, and
had already been condemned by the general inspector of pavements for the Board
of Public Works of Chicago, Moreover, an advisory board, consisting of Gene-
ral Meigs, General Humphries, J, K. Barnes, O. E. Babcock and Frodlaw 01m-
stead, had in February, 1872, reported that, in their opinion, only one process of
treating wood — the Seelcy — gave promise of success, and recommended that
wood pavements be laid only when some exceptional reason demanded them.

HISTORY OF THE SERVICES GARFIELD RENDERED THE RING.

The appropriation which the District ring wanted Congress to make, and

DISTRICT OF COLUMBIA RING AND DE GOLYER BRIBE. 109

wliicli is mentioned in the award to De Golyer and McClellan was for $192,620.30,
and not $180,000, as General Garfield states. This claim which had been cooked
up against the general government was without any warrant of law whatever.
The Board of Public Works had submitted to the territorial legislature in May,
1872, a statement "of amounts expended for improvements abutting on property
of the United States," They based this claim upon the act of Congress May 5,
1864, entitled, "An Act to amend an Act to incorporate the Inhabitants of the
City of Washington." This act provided that — •

In all cases in which the streets, avenues or alleys of said city passed through or by any
property of the United States, the Commitisioner of Public Buildings and Grounds shall pay to the
duly authorized officers of the corporation the just proportion of the expense incurred in improv-
ing such avenue, street or alley, which said property bears to the whole cost thereof, to be as-
certained in the same r-.a? ner as the Bamo is apportioned among the individual proprietors of the
property improved thereby.

The Statement made to the Territorial Legislature of the indebtedness of the
United States was reported to be $192,020.31. This amount was obtained by a
plain violation of the above quoted law, which says that the government of the
United States shall pay the same proportion of the cost of the improvements as
the owners of private property. Private property was assessed by the Board of
Public Works one-third of the whole cost of the street improved. To swell their
claim against the United States the Board of Public Works charged it five sixths
of the cost of the street improvements. Two-thirds of the cost of improvements,
where private property alone was benefited, was charged to the general fund of the
District, and paid out of the $4,000,000 loan, as was also the one-sixth of the cost
where government property bordered on one side of the street or avenue im-
proved. By means of this five-sixths charged against the United States the Ring
was enabled to assess the general government, the property holders and the gen-
eral fund of the District about twice the cost of all improvements.

GENERAL GARFIELD, THE RING'S MOUTHPIECE.

General Garfield, as Chairman of the Committee on Appropriations, included
in the Sundry Civil Bill, an item to pay this bill of $192,620.30, which the Dis-
trict Ring had cooked up against the United States. When the bill came up in
the House, on May 20th, for discussion. General Garfield, on being questioned
in regard to the appropriation, said :

The Board made certain improveracnta * * * * opposite reservations and

property owned by the United States. In every such case they have made out a full and accurate
etatemcntof the expense of grading, paving and other work done on the streets oppposite such
government property, and have forwarded to the President of the United States a complete state-
ment of such expenses, and an estimate of what the government of the United States ought to
Say, if it i)laced itself exactly in the place of the government of the District when the work is
one opposite the District property. The President has forwarded this paper to the House of
Representatives, and it has been referred to the Committee on Appropriations. The paper gives
a detailed and specific statement of work done, and the number of square yards of paving, the
number of cubic yards of grading, or any other work done, naming the square * * *

The government, of couri^e, is not bound at all to pay anything * * * *

the only question is whether the United States will pay its equal share.

Mr. Randall, of Pennsylvania, pointedly inquired :
Why should we donate a sum amounting in the gross to nearly $200,000, to a board which has
ehown itself to be reckless and extravagant in its operations ?

This was an inconvenient question to answer, and General Garfield did not
attempt a reply. This item of $192,020.30 was voted down in Committee of the
Whole. General Garfield then brought up another item for $68,365.

For the proportion of cost properly pa j^able by the United Spates for filling up the canal and
building an intercepting sewer along the side of the canal, adjoining the property of the United
States, payments to be made only upon the voucher approved by the officer in charge of Public
Buildings and Grounds.

This appropriation he got through) although he must have known at that
time that two years previous Congress had appropriated $50,000 for dredging
and cleaning out this same canal.

110 DISTRICT OF COLUMBIA RING AND DE GOLYER BRIBE.

THE ring's SENATORIAL FRIENDS HELP GARFIELD,

The item of $193,620.30 having been struck out of the Sundry Civil Bill by
the Committee of the Whole ; it was renewed in the Senate by the Committee
ton Appropriations of that body ; reduced, however, to $150,000, with a pro-
viso :

That only so much of the curbini? and paving of sidewalks as is necessary for the side of th*
street adjoining the property of the United States shall be chargeable to the United States, and
not more than one-third of the legitimate cost of repairing roadways and patting in sewering shall
be paid by the government of the L^nited States.

The item of $68,365, which had been agreed to by the House was recom-
mended to be stricken out by the Senate Committee on Appropriations. It was
renewed in the Senate by Frederick A. Sawyer, Carpet-Bag Senator for South
Carolina. He said he had learned from good authority that this money was not
to be spent for what it was claimed to be on the face of the bill, namely, for fill-
ing up the canal.

Tiie appropriation, he said, i« for quite another work ; it is for building a sewer throTigh the
President's grounds and reservation, south of North B street, between Tenth and Eleventh streets,
the District paying all balance, which largely exceeds the amount asked for from the government.
When this whole work of filling up the canal is done, which was provided for by the nppropriation
of §150.000, there will be about 25,000 acres of land reclaimed belonging to the government, and
worth 3500,000. The present appropriation is not for this work. 1 have had a conference with
the Commissioner of Public Buildings and Grounds (General Babcock), and he says the work was
done economically, and he regards it aa an entirely proper expense to be made by the govern-
ment.

GARFIELD SERVES THE RING ON A CONFERENCE COMMITTEE.

Upon this misrepresentation the appropriation was voted by the Senate. The
Sundry Civil Bill containing the above item v/as referred to a conference
committee. The report of this conference committee, dated June the 10th, signed
by only four Republicans, IMessrs. Garfield and Palmer on the part of the House
and Messrs. Cole and Edmunds on the part of the Senate, restored $193,620.30
for improvements in front of the government reservations, and left the $68,36o
for the intercepting sewer intact {see Globe, page 4,495).

The filling of the canal was an outrageous swindle on the general government.
Boss Shepherd when asked by the Chairman of the Joint Investigating Com-
mittee, May 7th, 1874, what the cost to the Board of Public Works for filling the
canal was, replied, "It was simply a dumping ground to get rid of dirt that we
carted off from various streets which we were improving;" the earth was
dumped there, and yet, as has been previously shown, the United States was
called upon, first and last, to pay nearly $600,000 for the dirt the contractors, for
their our convenience, were allowed to dump in the old canal.

THE CITIZENS OP THE DISTRICT APPEAL TO GARFIELD.

Towards the close of November, 1872, the outcry of the citizens of the District
against the arbitary and oppressive manner in which the Ring was prosecuting
improvements became very loud and bitter. Congressmen returning to the- cap-
ital in advance of the meeting of Congress were called upon by outraged property
holders and besought to interfere. A great pressure was brought to bear upon
Gen. Garfield to use his influence to restrain the power and recklessness of the
Board of Public Works. He listened for a time to the complaints of the tax-
payers and even promised them his assistance ; in a few days it was noised
abroad that Garfield would take a stand at the approaching session of Congress
against the District Ring, and of course this news soon came to the cars of Boss
Shepherd. According to the account of one of Shepherd's associates who was
present when this information was conveyed to him, he simply remarked that he
had a paper in his drawer which would keep Garfield straight, and thereupon
drew out the award to De Golyer & McClellan.

DISTRICT OF COLUMBIA EIXG AND DE GOLYER BRIBE. HI

MORE SUBSERVIENT THAN EVER TO THE RING.

The services rendered by General Garfield to the District Ring at the succeed-
ing session of Congress were as follows : On the 16th of December he reported
the Deficiency Bill, which contained an item appropriating nearly a million and
a quarter of dollars for the benefit of the District Ring. General Garfield said :

In order to protect the United States in its expenditure of money, the committee has put the
appropriation in the following form : To enable the Secretary of the Interior to pay the expendi-
tures made by the Board of Public Works of the District of Columbia for paving roadway and
curbing and paving sidewalks, grading, sewerage, and other improvements upon and adjoming the
property of the Uniied States in the District of Columbia, $1,241,920.92, or so much thereof as may
be necessary; Provided, That all payments under this appropriation shall be made only upon
vouchers approved by the officer in charge of the public buildings and grounds of the District,
after full examination and measurement ot the said improvements.

The Deficiency Bill, as originally prepared by General Garfield, contained no
proviso in regard to the expenditure of the million and a quarter. He was forced
to put in this proviso in this way: It had already been charged that the measure-
ments on which the government had paid large sums to the Board of Public
Works were false. The Hon. Samuel S. Marshall, of Illinois, a member of the
Committee on Appropriations when the item abovr quoted was under considera-
tion, moved that General Humphreys, Chief of the Engineer Corps, should cause
all work adjoining public property to be measured, and that payments should be
made upon his certificate alone, which would be a guarantee for their correct-
ness. This was too fair to be opposed. General Garfield, therefore, adjourned
the committee, consulted with the Ring, and at the next moeiing brought in the
proviso as above quoted, conferring upon General Babcock the exclusive power
to sign the vouchers. He argued in the committee that it would be a reflection
upon Babcock, who had charge of the public buildings and grounds, to assign
the task to any one else, and that his certificate would be an equal guarantee.

On December 16th General Garfield made an ingenious argument in explanation

of the item appropriating $1,341,920.93. In closing he said:

" The committee have come to the conclusion to recommend an appropriation in gross cover-
ing sums set dow- in detail on pages 47-51 of the Report of the Board of Public Works. Gentle-
men will find further the detailed statement of the number of lineal feet of curb, cubical feet of
grading, and square yards of pavement, and so on, with the rate and total cost of each. The
committee have cc/hie to the conclusion that it is their duty to ask the Hou-^e to appropriate the
sum total as the proper share that the UniteU States ought to pay for the work done.

Mr. Holman, of Indiana, said :

I have searched every avenue of information about this Capitol, your document room, your
folding room and everywhere else to ascertain data upon which it is proposed to appropriate this
million and a half, and 1 cannot find any scrap of information bearing upon the subject. It may
be that the Committee on Appropriations are possessed of certain private information of their own,
but the public sources of information about this Capitol furnish no data. I have seen upon the desk
of the gentleman from Ohio (Mr. Garfield) a blue covered book which seems to be a public docu-
ment, but 1 venture to say that up to tliis hour not a dozen members upon this floor have had access
to this document to which the gentleman has reference. Will the gentleman say that that report is
one of the public documents within the reach of every member of this House ?

Mr. GaiUcld: I suppose it to be a report made to the president and by him submitted to
Congress.

Mr. Holman: Does not the gentleman know that it is not a public document ?

Mr. Garfield: It is a document submitted to Congress by the president, and one to which he calls
attention in his message. There can be no more public document than that.

Mr Holman : Will the gentleman tell us where we can get a copy ?

Mr. Garfield: I suppose it can be obtained at the folding room.

Mr. Holman: It is not at the folding room.

This document known as the report of the Board of Public Works, was pri-
vately printed. The detailed statement of the work around government property
for which this money was asked was subsequently proved before the Joint In-
vestigating Committee of the Forty-third Congress to be false in every item.
The Ring knew this and therefore had printed only a few copies for use of the
appropriation committees of the two Houses.

This proviso was intended to shut the gates down, and framed precisely with

112 DISTRICT OF COLUMBIA KING A.ND DE GOLTER BRIBE.

the sentiment expressed by Mr. Garfield only the day before. What did he do ?
Let the Olohe answer.

MAKES A POINT OF ORDER.

Mr. Garfield: I make the point of order on that amendment, that it changes the law in regard
to the board.

Mr. Holman: It is exactly in accordance with what I understood the gentleman to state was the
law.

Mr. Farnsworth : It certainly does not change the law.

Mr. Holman: It simply prohibits expenditures hereafter beyond the appropriations made.

Members could not stultify themselves in presence of what had occurred, and

Mr. Holman's amendment was carried by a majority of thirteen. Still General

GarScld did not give it up, and when the bill went into the House, he tried to

rally his forces again to defeat the proviso.

The Speaker: The amendments are reported. Is a separate vote demanded on each ?
Mr. Garfield: Only on that adopted in committee on the motion of the gentleman from Indiana
(Mr. Holman).

The question being taken on Mr. Holman's amendment, it was agreed to — yeas
77, nays 53.

That was the great entering wedge of the Washington Ring's plunder, so far
as the public treasury was concerned. Mr. Garfield engineered the scheme from
first to last, with all the power which his position gave him as one of the leaders
of the House in shaping legislation, and as chairman of the committee holding
the purse strings of the nation, to be tightened or loosened by his will. Chittenden,
the lobbyist of the corrupt contract, did not misjudge his character or hia
strength, when he " retained " him through Parsons, and wrote rejoicingly to
De Golyer that success was certain after Garfield's " influence '' had been made
certain. And Shepherd, who gave out the contract for this and other considerar
tions, knew well how good a bargain he had driven.

IN THE SENATE.

The fonnd'ition being thus laid, the Ring next turned to the Senate for the pros,
ecution of their venal plans. In that body they had powerful support in the
Senators who were partners in the * Real Estate Pool," like AY- M. Stewart of
Nevada, and others linked in with various forms of speculations. The Commit-
tee on Appropriations was absolutely in their hands, as was that on the District
of Columbia, then headed by Patterson of New Hampshire, who was repudiated
and disgraced because of his connection with these robbers.

After the amendment of the House forbidding any further expenditures with-
out previous appropriation, it was necessary to change the tactics, as the fact was
too fresh in the mind of Congress and of the public to be treated with open de-
fiance. Discussion was also to be avoided, for that would attract notice and com-
ment, with the certainty of being fatal. Whenever the lobby are harassed and
threatened with this sort of danger, they carry their job to the Senate, get it at-
tached to an appropriation bill which is held back to the closing days, or
smuggle it into a conference committee packed to order, cut oif debate by the
previous question, and then threaten an extra session, unless their corrupt legisla-
tion is adopted.

BACK IN THE HOUSE.

The Ring adopted this game and knew how to play it to perfection from long
familiarity. They had the advantage, too, of stocked cards. The Sundry Civil
Appropriation Bill was then pending. There was a disagreement on some of the
items, and the usual conference committees were appointed. A. A. Sargent, a
sort of lieutenant of Garfield, was chairman on the part of the House. On the

DISTRICT OF COLUMBIA RING AND DE GOLYER BRIBE. 113

1st of March — one day before the adjournment of Congress, as Sunday inter-
vened— this bill was reported from the conference committee. In presenting it
Sargent said :

The important amendments put on by the Senate are those relating to District appropriations.

They were composed of four items and footed up $3,199,533, in addition to
the $1,241,920.93 which had been granted only six weeks before. Great indigna-
tion was excited in the House by this daring imposition. Mr. Beck, Mr.
Burchard, Mr. Crebs, Mr. Roosevelt, and others denounced it in fitting terms.
The bill was then postponed until the 3d of March, the last day of the Forty-sec-
ond Congress.

It was shown by a report from the District of Columbia Committee, in reply to
questions addressed to the Board of Public "Works only four weeks previously,
that "no further sum will be required to complete the work undertaken, and for
which liabilities have been incurred." But that positive declaration, like the re-
strictive proviso of the House on the former appropriation, produced no effect
whatever. The screw was turned and opposition was useless. Mr. Holman
made a last endeavor, by a parliamentary motion, to reject the report and reopen
the question. It was answered by a rally of the party, with the following result :

THE RECORD THAT DAMNS.

The question being taken on the motion of Mr. Holman to reconsider the vote
ordering the main question, there were yeas 67, nay.^j 139, not voting 44.

GENERAL GARFIELD VOTED NO.

That test vote substantially decided the question, though another attempt was

made in behalf of honesty before the final formalities were completed. Mr.

Beck earnestly appealed to the House, but in vain.

We ought now to reject this conference report, in order that all the new Legislation may be
stricken out of it, and all items rejected which we have not a chance of considering in this
House. Let us order our committee to go back to the Senate and say to them that if there be new
legislation, the champions of tvhich do ivot dare to come here and ask us to consider it, we cannot al-
low them to put it on in the expiring hours of the session by amendments stated only by numbers ;
the members of the House not having a chance of saying anything against or knowing anything
of the legislation they are called upon to pass.

General Garfield is directly responsible for thus voting away three and a half
millions of the people's money between the 8th of January and the third of
IMarch, 1873, the bulk of which was distributed among the chiefs and confeder-
ates of the Washington Ring. He initiated this infamous system. He certified
the acts of Shepherd as in accordance with law. He advocated the claims of
these plunderers as just and meritorious. He abused his trust to help their ras-
cality, and he falsified the record in order to mislead the House.

"BABCOCK'S LIGHTNING CALCULATIONS."

The Deficiency Bill passed on December 19th. Mr. Holman, of Indiana, after

repeated efforts finally succeeded in having a proviso inserted, that the Board of

Public Works :

Be and the same are hereby prohibited from incurring or contracting further liabilities o\
behalf of the United States in the improvement of streets, alleys, avenues and reservatioa
beyond the amount of appropriations previously made by Congress, and from entering into an>
contracts touching said improvement on behalf of the United States, except in pursuance of
appropriations made by Congress.

Gen. Babcock made quick work of the measurements he was directed to make

by Congress. The deficiency bill did not become a law until Jan. 8, but on Jan.

10, two days later, an account footing up to $2,340,930.84, with the approval of

Gen. Babcock attached, certifying that he had had the proper examination made,

the measurements verified and prices approved, was presented at the Treasury De-

114 DISTRICT OF COLUMBIA RING AND DE GOLYER BRIBE.

partment. It was a voluminous document, containing several thousand items
of measurement, Lut nevertheless it passed the first auditor and first comptroller,
and reached the warrant division on the same day. The next day, Jan. 11, the
assistant secretary issued three warrants for that sum of mone}^ which were
registered by the register of the treasury, and handed over to Gov. Cooke.

The Hon. Ilobt. B. Roosevelt, of Kcw York, who was prevented by sickness
from attending the session of the House during the debate on this appropriation,
made on Jan. 24, a vigorous onslaught on the Boar 1 of Public Works, and he
charged and proved by irrefutable facts, that their detailed statement of the cost
of the work alleged to have been done around government property was false in
detail and in gross.

SAWYER AKD SARGENT REWARDED.

For the services that Senator Sawyer had rendered to the Ring, his appoint-
ment as Assistant Secretary of the Treasury was secured by Shepherd's and Bab-
cock's influence with the President. In the following year, however, he was,
after having been detected in procuring the payment of several fraudulent
^claims, forced to resign by Secretary Bristow. On the 15th of March, the treas-
urer of the Board of Public Works presented at the Treasury Department the
first batch of Babcock's measurements under the new appropriation, amounting
to $1,113,508.73. On the same day, Hallct Kilbourne, the trustee of the Cooke
branch of the Real Estate Pool and the middle man of the contract pool, made
the following deed, as per record: " Ilallet Kilbourne, trustee to Aaron A. Sar-
gent; deed executed March 15th, 1873; recorded March 22d, 1873, in Liber 712,
folio 333, lots 1 and 2 in square 13G; consideration of $23,000." These lots front
on the square at the intersection of Connecticut and Massachusetts avenues,
which was christened "Pacific Place" by Babcock, to tickle the fancy of the
chiefs of the Pacific Coast Ring, who were about to colonize the vacant land
thereabouts under the lead of "Emma Mine" Stewart, who was then erecting on
the north side of the circle a proud castlo, which soon came to be known as
"Honest Miner's Camp." The modest homestead conveyed to Sargent contained
24,521 square feet; $5,500 were to be paid in cash; the rest was secured by
notes running one, two and three years. These notes were never paid, and in
the summer of 1875 Shepherd gave him in exchange for the same a house and
lot at the corner of Connecticut avenue and De Sales street.

Garfield's services could not save the ring.
The District government was bankrupt. The vast appropriations which they
had received through the influence of Garfield and Sargent in the House, and
Sawyer in the Senate, brought but temporary relief. The District legislature
authorized the issuance of two millions of dollars of assessment certificates. The
First National Bank of New York, in which the Cookes were interested, took
$800,000 of these securities at 97 cents. John O. Evans, and some favorite con-
tractors, made an arrangement with this bank, by which the auditor's certifi-
cates, which were given for work done, were turned in to the treasurer of the
3oard of Public Works, who issued to the bank for them certificates of assess-
ment. But even these two millions of illegal securities, thus floated, were insuf-
ficient to meet the pressing d mands of the Ring. The subservient District legis-
lature was directed to authorize the issuance of sewer bonds, and an act to this
effect was passed. It divided the city into sections, without any regard to the
topographical features of the ground within the corporate limits, and notwithstand-
mg mam sewers, providmg ample drainage for all of these sections, had been

DISTRICT OF COLUMBIA EIXG AND DE GOLYER BRIBE. Ill

nearly completed, and the cost for the same charged against private property, and
the United States. It ^ as proposed under this act to levy a general tax to pay
for work already done and nearly paid for. The act was iniquitous. Whole
squares of ground, submerged at low tide, were assessed at double and treble
their actual value, while the vast tracts of land traversed by splendid avenues and
partly paved streets, which had been gobbled up by the Ileal Es^tite Pool, escaped
with a nominal assessment. The total cost of these main sewers had not exceeded
$2,500,000, yet it vv-as deliberately proposed, in addition to levying a general tax
upon all private property, to charge up against the United States, as its propor-
tion of the taxes, $2,740,681.83.

THE RING FRAUDS INVESTIGATED.

The passage of this act by the Legislative Assembly was the last feather that
broke the camel's back. The citizens began to organize and collect evidence of
the misdoings of the ring. The measurements which General Babcock had certi-
fied to be correct, Avere remeasured by competent engineers, and found to be
glaringly false in every instance. When Congress reassembled in December, a
memorial was presented to both Houses, demanding an investigation. Every
effort was made to prevent it, but public sentiment was too strong to be resisted,
and the investigation was ordered. Prior to this, however, the Board of Public
W^orks had cooked up another claim against the United States, for work done
about government reservations, the avenues and for main sewers, and coolly
demanded $4,370,427.94. This demand was made in defiance of the provision
which Mr. Holman had succeeded in placing upon the deficiency bill, heretofore
referred to, forbidding the Board of Public Works to incur or contract further
liabilities against the United States, unless authorized by act of Congress.

The investigation was made by a joint committee of the two Houses. Not-
withstanding every obstacle was placed in the way by the Ring, the exposures
threatened to be so damning that they resorted to a desperate expedient
intended to blacken the character of those who were prosecuting them. To
accomplish this, one of the darkest crimes of the age was deliberately plan-
ned by members of the Ring, and perpetrated by criminals employed by them
through the secret service division of the Treasury Department. It occur-
red on the night of the very day upon which the counsel for the citizens
announced to the committee that they had closed their case. Briefly stated the
prominent facts connected with this damnable villany, are as follows: A number
of the principal citizens were in the habit of meeting nightly at the house of Mr.
Columbus Alexander, to hold consultations among themselves and with their at-
torneys. An operative in the Secret Service force was detailed by the chief at the
special request of Gen. Babcock and Richard Harrington, to concoct a plot by
which he could entrap Mr. Alexander and the gentlemen who were in the habit
of meeting with him at his house, into receiving books and papers which were
without the knowledge of the gentlemen to be stolen from the oflice of the District
Attorney. The detective managed, after trying several weeks, to make the
acquaintance of Mr. Alexander, and represented himself as a former book-
keeper of John O. Evans. In the interview which he had with Mr. Alexan-
der he stated that the books of Mr. Evans which had been produced before
the committee were forgeries, and that the real books were in his possession,
and would show that enormous frauds had been perpetrated by Evans with
the consent and connivance of Shepherd. These books he offered to produce
and turn over to the citizens. At first he demanded money; but this was
sternly refused, whereupon he said he was an honest man and desired to ex-

116 DISTRICT OF COLUMBIA RING AND DE GOLYER BRIBE.

pose the frauds, and would turn over the true books of Evans without any com-
pensation. This proffer was accepted, and Mr. Alexander immediately notified
two members of the Investigating Committee of the proposition that had been
made to him.

PUTTING UP THE SAFE BURGARLY JOB.

On Wednesday, the 21st of April, Harrington, accompanied by John O. Evans,
carried the account books from his office on Pennsylvania avenue, to the District
Attorney's office and locked them up in his safe. On Thursday night, April 23d.
a professional burglar named George E. Miles, with an assistant, entered the
District Attorney's office, blew open the safe, took out the books of Evans, which
were carried to Mr. Alexander's house by the assistant burglar. Harrington, on
Thursday, had notified the police authorities that he had reason to fear that a burg-
lary w^as going to be committed in the District Attorney's office, and had the entire
detective force of the city stationed about the building in which the office was
located. The superintendent of police was there in person, and also the chief of
the detectives. The burglars entered the building about ten o'clock in the even-
ing, and carried with them the tools to be used in breaking open the safe. They
were seen to enter and the superintendent of police wanted to arrest them at that
time, but Harrington objected. They passed out and returned later, and after
hammering away at the safe for several minutes, finally blew it open, the report
being so loud that it attracted the attention of the people living in the neighbor-
hood. TIic two burglars walked boldly out of the front entrance of the building
and one of them was suffered to slip quietly away while the detectives accom-
panied by Harrington, a brother of Shepherd and a fellow named A. B. Williams,
an intimate associate of Harrington, followed the other who carried the books to
Mr. Alexander's house. On the way thither, the burglar lost his way and Williams
pointed out the road and directed him to the house. Mr. Alexander and his en-
lire family were in bed sound asleep, and providentially, all the noise of pound-
ing at the door and ringing of the bell by the burglar did not awaken a single one
of the inmates. After he had been suffered to continue his efforts to awaken the
inmates for fifteen or twenty minutes, tlie superintendent of police finally arrest-
ed him and took him to police headquarters, where he was locked up. A few
days later this villian was, through a fellow named Sommerville, with whom
Harrington had made the arrangement, procured to make an affidavit in which
he asserted that he had been employed by Mr. Alexander to blow open the safe in
the District Attorney's office, and bring the books of Evans to his house. This
affair was subsequently investigated by the Joint Committee, and after Harring-
ton, Williams and the officers of the Secret Service division had committed per-
jury over and over again, the detective who had been instructed to put up the job
came forward and made a clean breast of the whole transaction.

GRANT INVITES THE CRIMINAL FROM TIIE DOCK.

The Hon. Benjamin H. Bristow having been made Secretary of the Treasury,
the whole matter was referred to him by the committee for further investigation,
and he turned it over to Hon. Bluford AVilson, who was afterward appointed
Solicitor of the Treasury. Mr Wilson succeeded, after a patient investigation, in
discovering the most complete and irrefutable proofs of the connection of Col.
Whitney, chief of the Secret Service Division, his first assistant I. C. Nettleship,
Richard Harrington and A. B. Williams, with this damnable conspiracy to ruin
an innocent man. The Hon. A. G. Riddle was appointed a special assistant at-
torney-general to prosecute these parties in the criminal court of the District.

DISTRICT OF COLUMBIA RING AND DE QOLYER BRIBE. 117

They were indicted, and after some delay brought to trial, when the most desper-
ate efforts were made by the Ring, assisted by the United States Marshal, Alexan-
der Sharp, a brother-in-law of the President, to secure their acquital. The
President himself lent his influence to secure the same result. During the pro-
gress of the trial he invited Harrington to a reception given at the White Honse,
thus giving notice to both court and jury that he considered the criminal in the
dock had not been guilty of any offence which deserved public condemnation.
Although the jury had been, as far as possible, packed by the marshal, it failed
to acquit the conspirators. At the begining of the first session of the Forty-fourth
Congress, Col. Whitney, Nettleship, Somerville and all the other parties, includ-
ing the burglar came forward and confessed their connection with this crime and
furnished still further evidence implicating Harrington, and also connecting Gen.
Babcock directly with this infernal conspiracy.

Gen. Babcock was indicted and tried but through the influence which domi-
nated the court of the District, he was acquitted. Harrington is still a fugitive
from justice, and has never dared to stand a second trial.

THE REPORT OP THE JOINT INVESTIGATING COMMITTEE.

Every conceiveable influence was exerted to operate on the joint committee, in
order to protect the Ring from full exposure and punishment. To save them it
was first indispensible to whitewash their associates, or at least to withhold
censure.

Mr. Allison, the chairman of the committee, had been tainted darkly with
Credit Mobilier, as one of Oakes Ames' beneficiaries. They knew how to touch
his sympathies and his interests. He was won over. Other Republican mem-
bers were implored, on account of the injury to the party at the fall elections, to
moderate their just resentment at these enormities, and be content with dismiss-
ing the whole concern. A promise was given that the President, under no cir-
cumstances, would appoint Shepherd to any new oflSce that might be created.

Under this and other pressure, combined with the fear of some that a division
in the committee would prolong the misrule and prevent any legislation, the
original report was materially modified in its stern expression. But that did not
alter the facts or change the crushing testimony. Yet, with all these sinister
causes operating, that report says :

FAVORITISM IN CITY CONTRACTS.

This opened the way for favoritism in the letting of contracts, and for a system of brokerage in
contracts which was demoralizing in its results, brmging into the list of contractors a class of peo-
ple unaccustomed to perform the work required, and enabling legitimate contractors to pay large
prices in order to secure contracts, and, in the opinion of your committee, was the beginning of
nearly all the irregularities disclosed in the testimony in the letting of contracts. Any system
which would enable an adventurer to come from a distant city, and in the name of a contracting
firm make proffers of 50 cents per yard to any person having or supposed to have influence with
the board, whereby a paving contract could be secured, and after persistent effort succeed in secur-
ing a contract, and actually binding his principals, the contractors, to pay ^97,000 for a contract of
200,000 yards of pavement, after an effort of five months to secure it. the gross amount to be re-
ceived being only about ^700,000, in its nature must be vicious, and ought to be condemned.

BOSS SHEPHERD THE BOARD OF TUBLIC WORKS.

Again the report says :

Pursuant to this authority, for no other seems to have been relied upon, the Vice-President
(Shepheril) ultimately came to be, practically, the Board of Public Works, and exercised the power
of the board almost as absolutely as ifm/gh no one else had been associated with him.

During a considerable portion of the succeeding time, notwithstanding the most extensive
operations were b(.-ing carried on, and expenditures were being made by the millions, ihere were no
stated times for board meetings, and but comparatively few board meetings were in fact held, but
entries were made in the record purporting to conttiin the proceedings of the board, which wen', in
fact, made up by the Secretarv from letters and papers that came to the office, and from directions
made bvthe Vice-President (Shepherd). Some of these were entries made of business transacted
by the Vice-President (Shepherd) at his private office, and afterwards placed on the records as hav-
ing been business transacted by the board.

These minutes were rarely, if ever, read and approved.

118 DISTRICT OF COLUMBIA RING AND DE GOLYER BRIBE.

FALSE CLAIMS AGAINST THE UNITED STATES.

Of the claim of $4,500,000, which the Board of Public Works presented to
to Congress against the United States, the report says:

It was undoubtedly widely wroiiir, and whether there is anything that appears in it that can be,
with any propriety, charged to the United States, is exceedingly doubtful, excepting it may be the
amoant of $248,240.72, and the accuracy of that can only be ascertained by a remeasurement.

Of the item for $2,740,681.83, as the government's proportion of the cost of
the main sewerage, the report says:

All the main sewerage of the city, when completed, will cost $2,435,885.23, so that this charge
against the government for main sewerage is $304,826.60 more than the whole cost.

In speaking of the manner in which the accounts against the United States
were manufactured, the committee instanced the acts of Janyary 8 and March 3,
1873, which Gen. Garfield, aided by Sargent of Ohio, and Sawyer in the Senate,
had engineered through, whereby $3,448,933 were obtained from the national
treasury. The report says :

These acts were founded on accounts presented by the District for work said to be done, and
for which it was alleged that the government of the United States was equitably liable. The tes-
timony taken by your committee, and a scrutiny of the reports of the Board of Public Works, con-
vinces your committee that those accounts were unreliable and inaccurate, and that the provisions
of the law requiring theii verification were not complied with according to their letter and spirit.

KING BOOKKEEPING.

Again the report says :

The treasurer was made the sole custodian of all the moneys received and securities issued, and
the sole disbursing officer of the same, without any check upon him whatsoever. He could draw
his checlis upon the public monevs in favor of whomsoever and for any amount he chose, and on
any account he might think proper, without any other member of the board or offict^r thereof, hav-
ing any knowledge of it whatever. He has kept no cash account, and ttie«checks he has issued do
not correspond with the several amounts reported by him to have been paid; so that there is, as he
himself concedes, no means of ascertaining wlietlier his accounts are correct, other than by cxain-
innig his books and papers in detail, which would have required more time than the comuii;tee
could devote to it, besides requiring the services (^f a gkillful accountant. From the organization
of this board, June, 1871, to this time, the board has not examined these accounts.

The raodeo. doing business in this office was as follows: Upon the presentation to the auditor
of an account or estimate purporting to be opproved by the Board of J'ublic Works, the auditor is-
sued a certificate of indebiedness, and filed the approval, account, or estimate as his voucher for
the issuance of the certificate. But no record or register of such auditing by the board was kept by
the board, and it would seem to have been common for a tingle member (Siiepherd), to direct ac-
counts to be audited in the name of the board; consequently, there are no books that serve as a
check upon the audi'tor, and by the comparison of which with his own books, it can be seen whether
he has improperly issued certificates.

Notwithstanding the powers of the auditor and of the treasurer, the board during the three /e.irs
it has been in existence, has done nothing in the way of verifying the accounts of these tw(i ofl?-
cers. This is a negligence not to he excused in those in whom such important trusts wert pju-
fided.

Whethermoneys have been paid out on false accounts, or diverted to improper purposes can
only be determmed from a careful scrutiny of the accounts in detail.

THE LEGACY THE RING LEFT THE DISTRICT OF COLUMBIA.

The legacy of debt which the Ring left the citizens of the District of Columbia,
is one that will burden their descendants to the latest posterity, and will continu-
ally drain the federal treasury. The organic act establishing the territorial forni
of government for the District, limited the debt to $10,000,000. The joint in-
vestigating committee of the forty-third Congress, found from the best data then
attainable that the Ring had exceeded this by $8,000,000, and in addition, left i\
floating debt which has been found to be $11,497,961.13. During a period of fivt
years from July 1, 1871, to July, 1, 1876, thera has been collected in taxes from
the people of the District, and in money realized on bonds issued, $31,593,981.75.
In addition to this, there has been received from the federal treasury
$11,247,608.46, making a grand total expended in five years of $42,841,590.21.

The present debt of the District of Columbia, according to the report of the
Sinking Fund Commission of Nov. 29, 1879, is $21,723,712.91.

A DEMOCRATIC PRESIDENT THE PEOPLE'S ONLY HOPE.

Congress, startled by the exhibit of Ring rascality, made by the joint investi-

DISTEICT OF COLUMBIA RING AND DE GOLYER BRIBE. 119

gating committee in 1874, wiped out the Ring governraient and established a new
one. Three commissioners nominated by the President, and confirmed by the
Senate, are tlie autocrats who rule the people of the District of Columbia.
Their administration has been an improvement upon that of the old Ring, but it
is far from being efficient and economical. It has been more or less under the
old Ring influence. The Treasurer of the United States has accused them of
various shortcomings, and an investigation by the District Committee of the
House of Representatives last winter developed grave scandals. The Ring gov-
ernment had made excessive assessments for street improvements, and Congress
provided that they should be reimbursed. In executing this law, the commission-
ers issued what were known as drawback certificates. It appears from the tes-
timony taken last winter by the House committee that almost every kind of
crime was committed by the employees of the District commissioners.

If there is ever to be a reformation in the administration of the affairs of the
District of Columbia, it must come either by Congress establishing a new form
of government, or by the election of a President of the United States who will
appoint honest men as commissioners.

The New York Independent, the leading religious paper of the United States,
said, in 1874, of Gen. Garfield's connection with the District of Columbia
frauds :

The testimony taken in the investigation of the District of Cohimbia frauds, shows that Mr.
Garfield received S5,000 for Ills aid in ge[ tin": through a paving contract accepted by the District
government. A Mr. Parsons, a notorious jobber, made an argument for the paving company and
then got Mr. Garfield to make a further argument, aud to use his personal influence in its favor.

Of course Mr. Garfield's argument was successful. How could it be otherwise ? He was
Chairman of the Committee on Appropriations. Every cent of money voted to the District had to
come through him. Shepherd could not afford to refuse him anything he asked. Mr. Garfield
knew it when h.; asked and receiveq, for his services a fee which would have been grossly extrava-
gant but for his official position.

MR. GARFIELD DENOUNCED BY HIS REPUBLICAN CONSTITUENTS.

(Resolutions passed by Republican voters of the Nineteenth Congressional
District of Ohio, in convention assembled, at Warren, Ohio, on the 7th day of
September, 1876.)

Resolved, That we arraign and denounce him [Garfield] for his corrupt connec-
tion with the Credit Mobilier ; for his false denials thereof before his constituents;
for his perjured denial thereof before a committee of his peers in Congress ; for
fraud upon his constituents in circulating among them a pamphlet purporting to
set forth the finding of said committee and the evidence against him, when, in
fact, material portions thereof were omitted and garbled.

Resolved, That we further arraign and charge him with corrupt bribery in selling
his official influence as chairman of the Committee on Appropriations for $5,000
to the De Golyer pavement ring, to aid them in securing a contract from the Board
of Public Works of the District of Columbia ; selling his influence to aid said ring
in imposing upon the people of said District a pavement which is almost worth-
less at a price three times its cost, as sworn to by one of the contractors ; selling
his influence to aid said ring in procuring a contract to procure which it corruptly
paid $97,000 "for influence ;" selling his influence in a matter that involved no
question of law, upon the shallow pretext that he was acting as a lawyer ; selling
his influence in a manner so palpable and clear as to be so found and declared by
an impartial and competent court upon an issue solemnly tried.

120 THE DE GOLYEE FEB,

THE DE GOLYER FEE.

THE EECORD OP THE CASE IN THE CHICAGO COURTS. THE CONTRACT PECLABED
ILLEGAL AS AGAINST PUBLIC MORALS, BY JUDGE FARWELL.

The following is substantially a true abstract of the case, so far as it bears upon
the action of General Garfield.

May Term, 1875— Before Farwell, Circuit Judge.— No. 12,181.
State of Illinois, Cook County Circuit Court.
George R. Chittenden m. Robert McClellan, et c.l

The plaintiff, by E. A. Storrs, Esq., brought suit against the defendants, upon
a contract by which they agreed to pay him one third of all the profits upon all
paving contracts, which he would obtain for De Golyer & McClellan, from
boards of public works, in Eastern cities. The declaration alleged that he ob-
tained a contract for paving 200,000 square yards from the Board of Public
Works of the District of Columbia, at $3.50 per j'^ard, when it would cost only
$1.50 to lay it down. That the profits would be $400,000, and the plaintiff
claimed the defendants should pay him $100,000, at least, and he claimed a judg-
ment for that sum. Besides the general issue —

The defendants pleaded in substance the following special pleas :

1st. That the contract was void on its face.

2d. That it was obtained by the plaintiff by improper influences — against public
policy, and therefore was void. Amongst other things the second special plea set
out "that then and there, and while the matter was pending aud undetermined
before the said board, he (the plaintiff) did pay to one Richard C. Parsons a large
sum of money, to w^it : the sum of ten thousand dollars, he then and there being
an oflicer of the United States, to wit : Marshal of the Supreme Court, to apply to
said board, and the individual members of said board, to obtain the award of
said contract ; and also then and there did employ, or caused to be employed, J.
A. Garfield, then and there a member of the House of Representatives, and Chair-
man of the Committee on Appropriations of said House, to appear before the said
Board, and before the individuals composing the same, to solicit and urge upon
said board the award of said contract, and in consideration of his said employ-
ment and services and ofllcial influence then and there rendered, the said plaintiff
did pay, or cause to be paid, illegally, improperly and against public policy, a
large sum of money, to wit : the sum of five thousand dollars ; and then and
there, and in part by means thereof, the said Board of Public Works were moved
and induced, illegally, improperly and against public policy, to make the said
award, which said award, amongst other things, contained the following clause
or condition, viz. :

THE DE GOLYEE PEE. 121

'"An additional amount of fifty thousand square yards will be awarded you,*
[the defendants meaning] * so soon as the Board are reimbursed by the general
government on account of expenditures around the public buildings and grounds,
or you,' [the defendants meaning] * will be allowed to lay it this season if you can
wait until an appropriation is made for this purpose,* [meaning an appropriation
by Congress], ' at three dollars and fifty cents per square yard.' And the defend-
ants aver that, then and there, and by the terms of the said award of said contract,
fifty out of the two hundred thousand yards so awarded were made to depend
upon a future appropriation of money to be made by Congress ; that then and
there, by the usual course and practice of the House of Representatives, all bills
for such appropriations would be referred to, and reported from, the Committee
of Appropriations, of which the said Garfield was a member, and the chairman
thereof,— the said plaintiff, and the said J. A. Garfield and the said Board of
Public Works, severally, then and there well knowing that the said J. A. Garfield
did, could and would, from his oflicial position, exert a potent influence in
procuring such appropriations by Congress for the purpose mentioned in said
award ; and the defendants say, that by means of the said premises, the said
award of contract mentioned in the said declaration was then and there illegal,
improper, against public policy and void. And this the said defendants are
ready to verify ; wherefore they pray judgment if the said plaintiff ought to have
or maintain his aforesaid action thereof against them."

3d. In another and further special plea, the defendants, amongst other things,
alleged as follows :

"That sometime in the latter part of May, 1872, and while the Congress of the
United States was in session, and before any appropriation for that year had been
made by that body for improvements to be made in the streets of Washington, in
the District of Columbia, the plaintiff then and there represented to the said De
Golyer and McClellan, that through one R. C. Parsons (then marshal of the Su-
preme Court of the United States), he had secured the influence of General James
A. Garfield (then a Representative in the House of Representatives in the Con-
gress of the United States, and Chairman of the Committee on Appropriations of
the said House of Representatives), to be used in behalf of the said De Golyer &
McClellan in the application for pavement contracts from the Board of Public
Works of the District of Columbia ; that by letter dated at the Arlington House,
Washington, District of Columbia, addressed to said. De Golyer & McClellan at
Chicago aforesaid, he stated among other things that Col. Parsons had arrived ;
that ' the influence of General Garfield had been secured by yesterday, last night,
and to-day's labors ; he carries the purse of the United States — the Chairman of
the Committee on Appropriations, and is the strongest man in Congress and with
our friends. My demand is to-day not less than one hundred thousand more — two
hundred thousand in all. Every thing is in the best of shape — the connections
complete, and I have reason to believe satisfactory.

** 'The model is in Gen. Garfield's house — sent there last night; — note, you will
be ready to leave on the first train when telegraphed to. I can hardly realize that
we have Gen. Garfield with us. It is rare, and very gratifying. All appropria-
tions of the district come from him. "

The plea then avers that Garfield appeared before said board as set out in
former plea, that the award of said contract with the conditions as set out in the
other plea, was made, and goes on to aver :

" That then and there the said J. A. Garfield was a member of the House of
Representatives, in which all bills to appropriate money originate ; that he was

122 THE DE GOLYER FEE.

then and there Chairman of the Committee on Appropriations of the House of
Kepresentatives, to which committee, by the rules and practice of said House,
all bills to appropriate money to be expended in the said District of Columbia
must be and are referred ; that then and there it was well known to the said
Richard C. Parsons, James A. Garfield, Alexander R. Shepherd, the plaintiff,
and the said De Grolyer & McClellan, that the said J. A. Garfield then and there,
and thereafter, in his official character as a member of said House of Representa-
tives, and as chairman of the said committee, did, could and would exert and
exercise a potent influence in and upon the said committee, and upon the said
House of Representatives, in reporting to and passing through said House bills
to appropriate moneys to be expended in the said District of Columbia, in and
upon the said pavements to be awarded by the said Board of Public Works.

"The defendants aver that then and thereby, and by means thereof, the said
A. R. Shepherd, as a member of said board, and the said Board of Public Works
was moved and induced to make, and, in fact, did make the said award and con-
tract above set out and described in the declaration, and not otherwise.

"And these defendants further say: that afterwards, to wit, on the 10th day of
July, 1872, at Chicago aforesaid, in consideration thereof, and of the services and
official influence rendered and given as aforesaid by the said James A. Garfield,
and the said R. C. Parsons, the said Dc Golyer & McClellan made their certain
draft for ten thousand dollars, and delivered the same to the said Parsons, at
Cleveland, which said draft was duly paid, that then and there the one half, or
the sum of $5,000, was paid to the said J. A. Garfield for his services and official
influence &c. ; that it was to be paid as a contingent fee, and was to be paid only
upon the condition that the said award should be granted by the said Board of
Public Works, and not otherwise, as was then and there agreed between the said
plaintiff and the said Parsons for himself and for the said Garfield.

"And these defendants further say, that afterwards, at Washington aforesaid,
the said Committee on Appropriations did recommend the passage, and the House
of Representatives did pass, a bill appropriating large sums of money, which said
bill passed Congress, and was approved January 8, 1873, for the sum of $1,341,-
920.92, out of which said sum the said Board of Public Works were authorized
to pay the said sum of money agreed to be paid by said contract and award.

' 'And the said defendants further aver that the award was, in fact, mainly pro-
cured by the official influence of the said Garfield alone.

"And the defendants say that by means of the premises the said award and
contract were then and there illegal, improper, against public policy, and void,
&c. — And this the said defendants are ready to verify, &c., wherefore, they pray
judgment," «&c.

STATEMENT OF DEFENDANT'S COUNSEL.

When the matter came on to be heard, I, as counsel for the defendants, sub-
mitted a brief in writing, of which the fourth, fifth, and sixth points are as
follows, viz. :

4th. The pleas are good. They set out in substance that the contract was
obtained by the plaintiff of the Board of Public Works of the District of Colum-
bia by improper influences. That the contract was in part to the amount of
50,000 square yards, upon its face, contingent upon a future appropriation to be
made by Congress ; that the plaintiff employed James A. Garfield, then being a
member of Congress and Chairman of the Committee on Appropriations of the
House of Representatives, agreeing to pay him a contingent fee of $5,000, pro-
vided he would obtain the said contract of the Board of Public Works; that by
his influence and persuasion he did procure the same, for which he received the

THE DE GOLYBE FEB. 12S

sum of $5,000; that afterwards a bill was reported from the committee of which
he was chairman, and did pass the house, and passed Congress and became a
law, appropriating the sum of $1,241,000. out of which the pavement under said
contract could be paid for by said Board of Public Works; that the plaintiff and
the defendant, and the said Garfield and the members ot the said Board of Public
Works, well knew at the time of his said employment, and at the time of his
service in procuring said contract, that said Garfield, from his official position,
did and would have a potent influence in procuring the passage of such appro-
priation to carry such contract into effect by said Board of Public Works; and
that by means of the premises the said contract was, in fact, obtained by im-
proper influences, against public policy, and is void.

5th. It is no sufficient answer to say that Garfield was at the same time a
member of the legal profession. His being a member of Congress at the same
time', any employment as counsel upon a contingent fee or otherwise to obtain
a contract from a board of public officers, dependent upon the future action of
Congress to fulfill, is against public policy, and is void.

6th. That the plaintiff Chittenden well knew, and intended, that the influence
of General Garfield as a member of Congress was to be used in procuring the
contract rather than his arguments as a counsellor-at-law, is evident from his
letter to the defendants, set out in their special plea, in which he says; "The in-
fluence of General Garfield has been scicured by yesterday, last night and to-day's
labors, lie carries the purse of the United States — the chairman of the Commit-
tee on Appropriations — and is the strongest man in Congress and with our friends.
My demand is to-day not less than one hundred thousand more— two hundred in
all. Everything is in the best shape, the connections complete, and I have reason
to believe satisfactory. * * * I can hardly realize that we have General
Garfield with us. It is rare, and very gratifying. All the appropriations of the
District come from him."

In the recent case of Burke vs. Child, not yet reported (May, 1875), decided
at the last October Term of the Supreme Court of the United States, Mr. Justice
Swayne, in a very able opinion, reviews all the cases, and holds: That a contract,
express or implied, for purely professional services is valid. Within this category
he includes drafting a petition, attendance on taking testimony, collecting facts,
preparing arguments and submitting them, orally or in writing, to a committee
or other proper authority.

But such services are separated by a broad line from personal solicitation and
from official influence.

The agreement with Gen. Garfield, a member of Congress, to pay him $5,000
as a contingent fee, for procuring a contract which was itself made to depend
upon a future appropriation by Congress, which appropriation could only come
from a committee of which he was chairman, was a sale of official influence,
which no veil can cover, against the plainest principles of public policy. No
counselor-at law, while holding high office, has a right to put himself in a posi-
tion of temptation ; and, under pretense of making a legal argument, exert his
official influence upon public officers dependent upon his future action.

Certainly the courts of justice will never lend themselves to enforce contracts
obtained by such influences.

The court [Judge Farwell presiding] overruled the demurrer ; held the spe-
cial pleas to be good ; and, that the contract was void as against public policy.

That ended the case.

Respectfully yours,

J. R. DOOLITTLE.

124 TBLE SAIfBOKN FBAUDS.

THE SANBORN FRAUDS.

A Republican Congress passed an act approved June 21st, 1870, which author-
ized the Secretary of the Treasury to make contracts with persons having knowl-
edge of money due to the United States for its collection. This law turned loose
upon the country a swarm of informers and spies. Blackmailing was legalized,
The oldest and most respectable business men in the country became the prey of
disreputable creatures who made use of some private peccadillo to extort money
from them under the pretence of collecting money due the government, on ac-
count of a failure, in the past, to comply exactly with the terms of the revenue
laws. Very little of the money thus obtained ever found its way into the Federal
treasury. This system of extortion and blackmail became so odious that
both Houses of Congress in May, 1872, voted to repeal the law creating the moiety
system.

This disreputable business under the law of 1870 was open to any depraved
characters who might engage in it. Two men, "VV. H. Kelsey, an ex-member of
Congress from New York, and John D. Sanborn, of Massachusetts, a friend of
Secretaries Boutwell and Richardson, appear to have conceived the idea of having
an act of Congress passed which would give them and their tools a wide field in
which to practice their nefarious business. It is pretty clear that at least one of
the Assistant Secretaries of the Treasury was a partner in this jobbery. He
made his official position so subservient to that obiect that Sanborn was allowed
$173,390 for three months'work between, October 1st, 1873, and January 9th, 1874,
and this too, after the House of Representatives had taken the initiative step
towards investigating the business.

It was the intention at first of Kelsey and Sanborn to introduce their proposed
measure in the House of Representatives, but some of the members of the Com-
mittee of Appropriations were known to be hostile to the system of moieties in
any form. They therefore determined to begin in the Senate. Frederick A. Saw-
yer, afterwards Assistant Secretary of the Treasury, was then in the Senate.
He had placed upon the Legislative, Executive and Judicial Appropriation Bill an
amendment in these words :

And from and after the passage of this act, the Secretary of the Treasury shall have power to
employ not more than three persons to assist the proper officers of the government in discovering
and collecting any money belom^ing to the United States, whenever the same shall be withheld by
any person or corporations, upon such terms and conditions as he shall deem best for the interest
of the United States; but no compensation shall be paid to such persons, escept out of the money
and property so secured.

GEN. GARFIELD AS USUAL SUBSERVIENT.

There was no discussion whatever in the Senate. This amendment was adopted
upon the assurance that large sums of money were withheld improperly from the
treasury which could be collected by this means. The Legislative, Executive

THE SANBORN FRAUDS. 125

and Judicial Appropriation Bill, as amended by the Senate, was reported to the
House of Representatives April 8th, 1872. Instead of concurring in the Senate,
amendment above quoted, the House not only rejected it, but passed an act
repealing the moiety act of June 21st, 1870. This sharp reply of the House to
the Senate was not decisive. On the 12th of April when the House had com-
pleted the consideration of the bill, the Chairman of the Committee on Appro-
priation ^ General Garfield said :

I rise to a question of privilege. It will quicken action apon the Legislative Appropriation Bill
if the House asks for u conference on the disagreeing votes, and let it go back to the Senate again.
I ask that the bill be returned to the Senate, with the araendments that we have concurred, inf and
that a conference be asked upon the disagreeing votes of the tv/o Ilouees,

Gen. Garfield was evidently in a hurry to get the bill into the Conference Com-
mittee. He was not willing to wait for the Senate to accept or reject the action
of the House. His motion to ask for a Committee of Conference was adopted,
and the Speaker appointed as conferees on the part of the House Mr. Garfield,
Mr. Freeman Clark and Mr. Niblack. On the 19th of April, the Senate appointed
Mr. Cole, Mr. Morrill of Vermont, and Mr. Sawyer on their side. On the 22d of
April, three days later, the bill was reported from these conferees to the Senate, but
was not acted upon at that time. Senator Cole, however, took occasion to in-
form that body that Gen. Garfield was very urgent to get it through, or to use his
own words —

I have information from the Chairman of the Committee on Appropriations of tho H.mse that it
is very desirable for the Senate to act upon this report <it an early hour to-day in order that it rnay
be disposed of in that body. It has to be reported here lirst under the orders of the two Houses.

On April 24th, the report of the Conference Committee was read in the Senate.
The House conferees had receded from the disagreement to the Senate amend-
ment in regard to moieties. Mr. Cole, in explaining the action of the Conference
Committee, said :

The conferees on the part of the House agree to the next amendment, the 34th, authorizing the
Secretary of the Treasury to employ not exceeding three persons to assist the regular officers in
collecting taxes and dues which are withheld from the treasury.

Gen. Garfield made the Conference report to the House on the 26th of April and
endeavored to drive it through without debate. We quote from the Olobe :

Mr. Garfield of Ohio : If I can have the attention of the House for a few minutes-
Mr. Randall : Allow me to make a suggestion. It is now twenty minutes to five o'clock. We
cannot understand this report from its reading by the clerk and shall have to listen to a long ex-
planation from the Chairman of the Committee on Appropriations. There are some features of
this report to which there undoubtedly will be objection. I therefore suggest that it be allowed to
go over until Monday.

Mr. Garfield of Ohio : I would cheerfully do that, but for one thing. This is a very long bill,
and the enrolling clerks ought to have to-morrow to prepare it for signature.' I think the gentle-
man will find that the points to which objection will be made are very few, and they can be stated
in a very few minutes.

Mr. Speer of Pennsylvania : This bill will not go into effect until the 1st of July next. What is
the great necessity for this hurry about it ?

Mr. Garfield of Ohio : I believe I can state in six minutes all that is needed in the way of ex-
planation.

Mr. Dickey : The House is not full ; and if in a full House this report should be rejected, then
all the labor of the enrolling clerks will be lost.

Mr. Randall : It would be very satisfactory to have more time for consideration.

Mr. Fanisworth : Some of these amendments will give rise to discussion.

Mr. Hale : There will be some opposition to portions of this Conference report. Undoubtedly
the explanation of the Chairman of the Committee on Appropriations will be satisfactory as far as
it goes, but this report is an important one, and there has been no opportunity to examine it in
detail. In view of that fact, and also that there may not be a quorum here now, I suggest whether
it would not be better to let this report go over until next week.

Mr. Garfield of Ohio : If my colleague on the Committee on Appropriations (Hale) desires apost-
ponement of this report, I certainly have no personal preferences of my own to oppose it.

Mr. Hale : I do not wish postponement put on that ground at all.

HAND IN GLOVE WITH SANBORN SAWYER.

The attempt to gag the House and force the Sanborn bill through when a quo-
rum was not present, had to be abandoned that day. When the report was next

126 THE SANBORN FRAIjrfL

called up, in stating the results of the conference, General Garfield did not even

name the thirty fourth amendment. He simply said :

The material put in by the Committee of Conference is very slight and is only found in the
words of this report printed in italics. If there are special points upon which gentlemen desire to
ask a question, I will now yield for that purpose.

***********

Mr. Farnsworth : I object ro that part of the report of the Committee of Conference which allows
the Senate amendment to t?tand authorizing the Secretary of rhe Treasury to appoint commissioners
or ixgents for the purpose of gatherin<? up certain property. I understand that the Secretary of the
Treasury does not wish the enactment of nny such provision. I am opposed to a proposition of
that kind upon the ground I have uhvays advocated, that we should abandon the system of spies
and informers. These commissioners, ns I understand, are to be appointed as spies or informers,

Mr. Ambler : And the proposition is not for a general system of spies, but for a monopoly of
spies, if I may so express it. Certain gentlemen are to have a monopoly of the spy system of the
United States.

Mr. Rtindall : Now when we are proposing to abolish two thousand revenue officers, here comes
a proposition to increase them.

Mr. Farnsworth : 1 euppose that proposes, if we arc to have any spies, we might as well have a
monopoly of them.

Mr. Garfield : If wt> ere to have any, the fewer the better, I think.

Mr Randall : It seoCjy to me that the thirty-fourth amendment ought not to be agreed to. The
House has voted I don't know how often in distinct opposition to the moiety system and the spy
system. This jproposition, it is t:uc, does not contemplate the moiety system proper, so called, but
a system by which the Secretary of the Treasury nmy divide with those gentlemen to be named by
him the proceeds of prosecutions. Such a provision seems to be entirely wrong.

Mr. Ilale, of Maine : What I object to is this ; that these informers should be paid for assisting
the proper officers of the government. What arc the proper officers to do if they aru not to detect
these thieves and execute the laws ? What are ihe district attorneys and the whole paraphernalia
of our courts, what are ihey all for unless to enforce the law and collect the money and property
belon.^ing to the government of the United States ? Shall we establish this most vicious system
for the discovery of information ? I have reason for believing that the other members of that
committee (.Senate), had they been required, would have yielded this as a matter of concession.

What Mr. Hale stated was well known by many others. If Gen. Garfield and
his co-conferers of the House had stood firm the Senate would have yielded. The
moiety system was odious and public sentiment was decidedly against it. Senator
Ctle's language to the Senate conveys but one idea — that Mr. Garfield was desir-
ous of having the Senate amendment adopted. Gen. Butler of Massachusetts
defended the moiety system and pronounced a eulogy on Sanborn, and ad-
vocated the adoption of the Senate amendment. He was followed by Mr. Randall.

GARFIELD DID NOT WANT DISCUSSION.

Mr. Randall: Now this provision may have reference to a higher class of plunders : but the opera-
tion of such legitlatloii must be the same, and at a time when we are p'-oposing to simplify the
collection of the revenue, to raise revenue from a reduced number of articles, and to collect it solely
by stimps, there certainl}' must be no necessity for such a provision as ihi-. I hope the House will
have the good sense to vote down the proposition, as it has repeatedly heietofore voted down al-
most t:ninimously propositions of the same kind.

Mr. Girfleld of Ohio: No '.lomber of the Committee on Appropriations was more opposed, or is
more opposed, to the idea of moieties thnn I. I was opposed to putting on the clause to which the
several gentlemen have referred. Wc find the Senate making this flatement. The Senate con-
fcrcrs told us that they had reason to believe that single corporations had covered up under the form
of stock accounts and other bonds, $500,000. which ought to have been paid into the treasury as in-
come tax, and they had reason to believe this provision would enable the Secretary of the Treasury
to secure the repayment of that amount. The Senate conferers were a unit on this subject, and
notwithstanding all the rcprev^entations we made they would not give way. I do not believe a
better result can be had if we vote a dozen conferences. I have no personal pride in this confer-
ence report ; but I say iit this stage of the session, when this report Jias cost five sessions of the
conference committee to produce the result, I should be sorry to see it defeated in this single point.
I demand the pievious question on the adoption of the report.

Mr. Randall: I ask the gentleman to let me move to amend.

Mr. Garfield of Ohio: 1 camwt.

Mr. Randall- I hope the previous quesr ion will be voted down. I desire to ask a parliamentary
question, whether we have not the right to have another conference to take out that portion of this
report ?

The Speaker: If the House so cdefs.

Mr. Holman: Is it not further in order to move to recommit the bill if the previous question be
not seconded.

Mr. Garfield of Ohio: I demand the previous question.

The yeas and nays were ordered.

The question v/as taken and it was decided in the negative, yeas 80, nays 81, not voting 79.

MR. GAU.FIELD VOTED AYE.

So, the report of the conference committee was not agreed to.
Mr. Holman: I move to recommit the report tojthe committee of conference,
Mr. Garfield of Ohio: I do not see how that can be done, the Senate having already acted upon
this report.

THE SANBORN FRAUDS. 127

Mr. Farnsworth: Would not the proper course be to appoint another committee.

The Speaker: There is nothing in the rules preventing the recommittal of the report to the same
committee.

Mr. Wood: I wish to inquire if it would be in order to express the hope that the committee will
stand by the action that the House has just taken ?

The Speaker: The gentleman can express that hope in public or in private. [Laughter].

The question being taken on recommitting the report to the committee of conference it was
agreed to.

Gen. Garfield while pretending to oppose moieties made every effort in this
contest, and resorted to every maneuvre to have the Senate Sanborn amendment
adopted. And when the Conference Committee came back with the old amend-
ment, with a tale of verbiage of no value at all, and which in no manner changed
its objectionable features, here is Mr. Garfield's lame defense of it :
ga-Rpield's argument for the vicious law.

Mr. Garfield of Ohio : Mr. Speaker, there were two points especially made in the House against
the Senate amendment apart from the objections which were directed against the entire principle
of the proposition. The conferers have had four sessions in regard to this question. The Senate
conferers were absolutely unwilling to recede from the jiinendment. After ail these conferences
v/e insisted that if the proposition was to be retained at all tliere should be safeguards to obviate
special objections made in the House. The first was that irresponsible persons without character
might make such representations as might induce the Secretary of the Treasury to give them a
contract, and that this would be the last heard from them. The amendment in ltd present form, as
members will have noticed if they had attended to the reading, provides, tliat no contracts nhall be
made with any person unless he tirst submits a written statement under oath of what he believes
to be the amount of money or property withheld from the government unlawfully by any person,
firm or corporation, stating also the law that he believes to be violated ; and the statements are to
be so specific that they may enable the Secretary of the Treasury to know where the derelict prop-
erty is and its exact status. In the next place, the amendment in its present form provides as a
protection against blackmailing, that any person having such contract who shall attempt to make
settlement, or shall receive money in the waj" of settlement without an express written order from
the Secretary of the Treasury to that effect, shall be deemed guilty of penal offense, and shall be
punished therefor, In the third place, it is provided that frequent reports under the direction of
the treasury shall be made by any person thus authorized to recover property. The committee of
conference believe that the proposition in its present form obviates as fully as possible the evils
apprehendt'd by members of the House who objected to the measure. The gentleman from
Pennsylvania desires to ask me a question.

Mr. Randall : No', now ; I will wait until you get through.

Mr. Garfield < f Ohio : I desire to call the previous question.

Ml. Randall : I do not suppose you desire to call the previous question until objections to this
report have been made. It is one verj' objectionable even in its modified form.

Mr. Duke : 1 hope the gentleman from Ohio will allow it to be printed and go over to another
day.

Mr. Garfield of Ohio : I demand the previous question.

Mr. Randall : I hope the previous question will not be ordered. The bill is just as offensive as
it ever was.

Mr. Bingham : Debate is not in order, the previous question having been called.

Mr, Farnsworth : I should like to ask the gentleman from Ohio whether any change has been
made on the subject of increase and salary.
jMr. Garfield of Ohio : There has been no change. I demand the previous question.
"Mr. Randall : I move the House adjourn if the gentleman will not give me time to discuss it.

The House divided, and there were ayes, 71, noes, 79.

Mr. Randall demanded tellers.

Tellers were ordered, and Mr. Randall and Mr. Garfield of Ohio were appointed.

Mr. Sargent : I do not think there is any necessitj^ for going on with the motion to adjourn.
There is no objection to some reasonable time being given for debate.

Mr. Cox : It was refused, and I object to debate now.

Mr. Garfield of Ohio : I was willing to yield any reasonable time for debate.

Mr. Randall : You had a very strange way of showing your willingness.

Mr. Garfield of Ohio : Don't quarrelor we will go on.

Mr. Cox : Well, go on.

The House again divided, and the tellers reported ayes, 61 ; noes, 68.

Mr. Garfield of Ohio : If the gentleman desires to speak for a few minutes I do not object, but
I am willing to withdraw the previous question.

Mr. Randall : There ought to be some debate upon this important question.

Mr. Cox : I demand the yeas and nays on the motion to adjourn.

The yeas and nays were ordered.

The question was taken and it was decided in the negative. Yeas 70, noes 103 ; not voting 67.

So the House refused to adjourn.

The previous question wasseconded and the main question ordered.

Mr. Randall demanded the yeas and nays.

They were ordered.

The question on agreeing to the report of the Committee of Conference was then voted on and
resulted yeas 87, noes 77 ; not voting 76.

GENERAL GARFIELD VOTED AYE.

During the few days that intervened between those two votes the Sanborn Ring
conquered the prejudices of some of their adversaries, persuaded others to stay

12.8 THE SANBOKN FRAUDS.

away, and converted their first defeat into a majority of ten in which the party
lines were closely drawn.

One of the strongest reasons for the sudden conversion was Gen. Garfield's
statement that the amendment had been guarded so as to protect the treasury.
Experience has shown that these pretended safeguards were only contrived to
pass the amendments ; for all the excesses which brought such scandal on +.he
treasury and compelled Congress to repeal the law, were perpetrated under it.
They helped rather than harmed the Sanborn Ring in their operations.

THE SAISBORN FRAUDS INVESTIGATED.

The House of Representatives , February 13th, 1874, directed the Committee of
Ways and Means to investigate the operations of Sanborn and others under the
moiety law which Gen. Garfield had succeeded in 1872 in passing. The investi-
gation was thorough. Hon. Charles Foster of Ohio then a member of the Ways
and Means committee, now Governor of Ohio, was active in the prosecution of
this inquiry. In their report {see IT. B. Report 559, 43fZ Congress 1st Sess. , page 1)
the Con)mittee of Ways and Meafis say :

The Forty-second Congress at its second session reported a law which provided for the payment
of moieties to informer:^, so far as related to internal revenue tax ; but in the last hours of the same
session, and by means of a committee of conference, there was engrafted on the Legislative,
Executive, and Judicial Appropriation Bill, a provi:iion of Keeraiugly so slight significance, a^ to
have been added as the last half of a sentence, in one of the usual paragraphs relating to the
Internal Revenue Bureau.

Under this provision of "seemingly so slight significance," contracts were
made with Sanborn and his partners in over 5,000 cases. The names of the par-
ties, companies, public bodies, foreign and domestic, fills over 50 printed pages
of the report of the committee, involving transactions covering hundreds of mil-
lions of dollars. The informers were to have 50 per cent, of the gross sum col-
lected and paid over to the treasury. The comnuttec, in their report, page 3, say:

now THE GIOVEIINMENT WAS ROBBED.

The committee find that the information furnished by the re;^ular officers of the government
on which collections were made, was placed at the disposal of Sanborn, to avail himself of informa-
tion paid for by the government, and obtain contracts for the collection of the very claims thus
larought to light and found to be due the government.

It further appears from the testimony of Sanborn, that when he applied for this railroad con-
tract, he furnished a list of railroads taken from the iallri)>d manuals and guides, comprising the
names of 593 railroad companies, bein;^ substantially the entire list of railroads within the United
States. Sanborn made affidavit that all of these 59;i railroad companies were delinquent"'.

The committee cannot ascertain that the Commissioner of Internal Revenu-^, or any officer of iii-^
department, was before, at the time, or since the contracts were made, or that he was advised as
to the making of the contracts, or of the character of the claims that was intended thereby to be
collected. No commimication on the subject ever passed from the office of the secretary to that of
the commissioner. No order in regard to it was ever issued from the commissioner's office, nor
were any collections or other actions of his subordinates ever reported to them until after action
was taken in the House, calling upon the secretary for information in relation to these collec-
tions. In fact, it is shown that the commii^siouer wrote a letter, protesting against the manner of
these collections, to the secretary, which has never been answered. * * * *

The whole power of the Internal Revenue Bureau, as well as the entire machinery of the govern-
ment for the collection of taxes, was placed at the disposal of Sanborn. * * *
The evidence of Supervisors Hawley and Simmons shows that they regarded these appropriations as
requiring them to assist Sanborn at all times, and to the utmost of their ability, in the collection
of taxes, in whatever case he might desire their aid. It is also shown by these witnesses that they
did place at his disposal officers under their control in the pay of the Revenue Bureau, and who
did collect while in such employ, and under such pay, much the largest part of the lotal amount
credited as collected by Sanborn, and on which he received 50 per cent.

The committee find that some of the agents of Sanborn, who were not employees of the govern-
ment, were, without authority of law, furnished by the Secretary and Assistant Secretary of th \
Treasury, Avith special letters to the supervisors and collectors throughout the country, calling
upon such officers to ail and assist them as they might require. In addition to this, to more com
pletely arm them with power, two of these same agents were famished with secret service detect
ives commissioned by the Solicitor of the Treasury.

THE MONEY COULD HAVE BEEN COLLECTED WITHOUT CONTRACT.

It is the opinion of the committee that a very large percentage, if not all of the $427,000 of taxed
collected by Sanborn, were not a proper subject of contract under the law. All of these taxeii
should, or would have been collected by the Internal Revenue Bureau in the ordinary discharge of
their duty. ************

THE SANBORN FRAUDS. 129

It is shown by the evidence before the committee that about $10,000 was collected by Super-
visors Hawley and Simmons from taxes imposed by Schedule C of the Internal Revenue law, for
the collection of which no contract was made with Sanborn or any one else. Nevertheless, San-
born claimed and was allowed 50 per cent, thereof. By the testimony of Mr. Odell, Treasurer of
the Delaware, Lackawanna and Western Railroad Company, and that of Supervisor Hawley, it
very clearly appears that the sums collected from that railroad— being about $100,000— were well
known to the Internal Revenue officers, and are collected by them, which toUeciion should have
been made in the ordinary discharge of their duties, and without cost to the government.

WHO WAS RESPONSIBLE.

The Ways and Means Committee endeavored to ascertain where the responsi-
bility rested in the Treasury Department for this gross dereliction of duty, but
they were unable to do it. In their report they say :

The committee feeling alarmed at the apparent looseness with which the law has been adminis-
tered, were desirous of ascertaining where the responsibility rested. It would seem to belong-
somewhere in the Treasury Department. They have had before them the Secretary, Assistant
Secretary Sawyer and the Solicitor of the Treasury. The Secretary gave but little information,
and exhibited an entire want of knowledge as to the manner of making the contracts, administer-
ing the law, or of the provisions of the law itself. His only connection so far as he could remem-
ber, with this transaction, was in affixing his signature to the various papers presented, as a mere
matter of office routine, without knowing their contents.

The Assistant Secretary disclaimed any particular knowledge of the law of contracts, and in
like manner affixed his siijnature as a matter of office routine. The Secretary and Assistant Secre-
tary by their testimony show that the papers were prepared by the Solicitor of the Treasury, thus
indicating a responsibility upon him. The Solicitor of the Treasury iu turn testified that he is sim-
ply the law officer of the Treasury Department and a subordinate of the Secretary of the Treas-
ury, without any power in regard to the administration of this law, except that expressly given
by the Secretary; that he had consulted in every instance with the Secreta y and Assistant Secre-
tary of the Treasury; that he had in all cases simply obeyed the directions of his superior officers,
and that the contracts or various orders of the department, were well known to the Secretary and
Assistant Secretary * * *

Under this law $437,000 was collected and paid into the treasury. Of this amount Sanborn re-
ceived $218,500.

Judge Noah Davis, of New York, then United States District Attorney, was
one of the witnesses examined by the committee. He said that he knew of no
law that allowed the Secretary of the Treasury to make contracts with any person
by which he was to be paid more than five per cent, for the collection of money.
He further said that Sanborn came to him, and desired to make an arrangement
by which some of these collections could be made through his office, and offered
to divide with him, but that he declined.

George Bliss, who succeeded Judge Davis as United States District Attorney
at New York, was more subservient. He testified that he assisted Sanborn ini
making his collections, and received five per cent., which in a very short time
amounted to $12,000. The collections that were made through the District At-
torney's office were principally in cases of legacy and succession taxes. The
Ways and Means Committee, in their report, say in regard to this :

It is clear that legacy and succession taxes should not have been made a matter of contract.
THE LEGACY AND SUCCESSION TAX SWINDLE.

J. D. Coughlin, of New York, testified as follows :

While I wfts assistant assessor of succession and legacy for the County of New York, I, with
one or two assistants that the department gave me, collected from $100,000 to $500.(XX) a year, as
the records of the Internal Revenue Department will show. The salary of an assistant assessor
was $1,500 a year.

Q. Thus a neglect to collect was a dereliction of duty on the part of the Internal Revenue offi-
cer? A. Yes; if was entirely a dereliction of duty on the part of that officer,

Q. You were \yell aware of this, and made application to the Secreta' y of the Treasury for a
collecting contract, did you not? A. Yes; I made such application soon after I went out of office as
assistant assessor.

Q. While you were still acting as an officer of the government, why did you not inform other
officers of the government, that they might be able to make collections. ? A. Because I knew if
the government was poin^^ to collect taxes at 50 per cent., I would be the best person, because I
knew how to get on with tJie business.

Q. Why did not the Secretary give you a contract a 1.1 per cent, f A. I don't know.

Q. Did he ever write any answer to your application ? A. ^o, sir

THE REPEAL OP THE INIQUITOU*! LAW.

The exposure of the Sanborn frauds excited such universal indignation

130 THE SANBORN FRAUDS.

throughout the country and aroused public sentiment to such a pitch, that Con-
gress, on June 20, 1874, unconditionally repealed the law which Mr. Garfield had
contributed so much to enact. The repealing act provides that :

The Secretary of the Treasury is authorized to revoke and annul all contracts for the collection
of such taxes made under and by authority of eaid act ; that the Court of Claims shall have no
Authority to consider or decide upon any claims for damages by reason of the discontinuance of the
contracts aforesaid, or for any i)roflts or percentage under them.

THE REPEALING ACT DEFIED.

This repealing act has been openly violated. The proof of this is contained in
the last **■ estimates of deficiencies " for the year ending June 30, 1880 (See Ex.
Doc. 34, ILB. 46 Cong., 2d JSess.) In this John Sherman asks for an appro-
priation to meet a deficiency " for detecting and bringing to trial persons
violating the internal revenue laws, including payment for information and
detection."

On page 24 of this official document is a " Schedule of accounts found due by
the First Comptroller," to certain spies and informers, for the fiscal year 1878.
In this schedule are 31 names, and the total amount asked for is $7,547.35.
J. D. Sanborn is one of the persons for whom an appropriation is asked. Five
distinct claims presented by Sanborn, and "found due by the First Comp-
troller," are printed in this list, aggregating $5,033,60.

THE NEW YORK TRIBUNE ON THE SWINDLE.

The New York Tribune of February 27, 1873, in commenting on Mr. Garfield's
law creating a monopoly of informers and spies, says ;

Elsewhere we publish an accurate account of a Washington job, connected with the collection of
overdue taxes, under the Internal Revenue laws. It would be difficult to credit the statements but
for the proofs furnished by the records of Congress. There are now due to the United States
some four or five millions of dollars from legacy and succession taxes. These taxes are more
easily collected than any other form of revenue under the Excise laws, for the reason that all
bequests are matters of public record, which may be examined by revenue officers or anybody else.
Yet Congress was pe'rsuaded to pass an act in 1872, authorizing the Secretary of the Treasury to
bestow upon not more than three of his favored friends, as commissioners for collecting these
taxes, such portion of the four or five millions as might seem good in his eyes ; and perhaps, in
these days of Credit Mobilier and other gigantic swindles, we should put it down to the creait of
the Secretary that he has decided not to give away more than a million and a half of this sum.

Tha same statements show that Assistant-Assessor Coughlin, of this city, has been heretofore
assessing these taxes at an expense to the government of less than one j^r cent, upon the amount
which he assessed and caused to be collected.

This swindle ivas smuggled into an, appropriation bill ; but If Congress happens to be in an
economic mood, there is yet lime and opportunity to repeal or modify the act through any one oi
the several oppropriatioa bills which still await final action. '

THE BACK-PAY GRAB AUD SAL Alt Y STEAL. 131

THE BACK-PAY GRAB & SALARY STEAL,

The part which Gen. Garfield played in the back-pay grab and salary steal, was
not at the time properly understood by the country. His connection with this
record was marked by duplicity and secret connivance, and in the end by open
advocacy of the infamous law, which excited universal detestation, and left all
connected with it branded with lasting disgrace.

But for him the opportunity by which Gen. Butler succeeded, after a first de-
feat, in getting an amendment attached to the Legislative, Executive and Judicial
Appropriation Bill, would never have offered. With that entering wedge, the rest
was made easy; without it, the task was hopeless.

It is necessary^ in order to comprehend the course of Congressional proceedings,
and Gen. Garfield's connection with the legislation of the Forty-second Congress,
by which the back-pay and salary steaf was made possible, to lake a brief retro-
spect. The. salary of the President of the United States had already been appro-
priated to the 30th of June, 1873. The legislation which Gen. Garfield so sig-
nally assisted, doubled the pay of the President, and extended it back to the
fourth of March, in utter disregard of the fiscal year. On the 7th of February,
1873, Gen. Butler reported a bill from the Judiciary Committee to double the pay
of the President and increase the salaries of the Vice-President, Cabinet, Justices
of the Supreme Court, and Congress.

The project had long been canvassed, and it only waited a favorable chance to
be tested. Some of the most anxious advocates were the most timid about an
open support of a proposition which, in 181C, had consigned a former Congress
to an ignominious political grave. The avarice of others was stronger than their
apprehensions.

THE FIRST EXPERIMENT.

On the 10th of February, 1873, the first experiment was tried upon the House
and public opinion, when Gen. Butler moved to suspend the rules, so as to attach
his Salary Bill as an amendment to the Miscellaneous Appropriation Bill then pend-
ing. That motion required two-thirds, but it was beaten by a majority of thirty-
nine, which included some of the strongest friends of the plunder, who voted for
effect. The first fire was thus drawn, and Butler knew exactly where to plant
his batteries.

The knowing ones were not at all disheartened. They knew their real strength,
how much aid would be needed at a pinch, and who could furnish it without un-
necessary sacrifices. After that preliminary skirmish there was a suspension of
operations for a fortnight. In the meantime bargains were made and plans per.
fected. That there was concert and secret understanding between Butler and
Garfield was publicly charged at the time, and has been believed ever since.

The Legislative, Executive and Judicial Appropriation Bill came back from the

133 THE BACK- PAY GRAB AND SALARY STEAL.

Senate on the 24th of February, loaded down with nearly a hundred amendments.
The natural course was to have them printed and allow members a chance to
examine the items before calling up the bill. Gen. Garfield, however, adopted
another policy, and doubtless with sufficient private reasons that he did not
divulge. The Qlohe helps to lift the veil. After ten o'clock at night, and sud-
denly, Gen. Garfield appeared and said ;

GARFIELD OPENING THE DOOR.
Mr. Garfield: I rise to call up the Legislative Appropriation Bill.

This motion was followed by others from various quarters with bills of a pub-
lic nature, claiming early attention. In the midst of much confusion —

Mr. Randall : I demand the regular order of business. I insist the gentleman from Ohio (Mr.
Garfield) shall go on with the Appropriation Bill or yield the fioor unconditionally

The Speaker: What has been going on has been going on by the svfferance of the gentleman front
Ohio. What has been going on has been permissive. The Chair will advise the House it is his'diity
to recognize the Appropriation Bills before any and all other business whatever, except privileged
questions.

Mr. Garfield yielded to Mr. Wilson to report a bill, and then said:

Mr. Garfield, of Ohio: The bill now has the precedence of other business, and I hope the House
will adjourn.

Many members: No, no.

Mr. Garfield, of Ohio: Then I move that the House resolve itself into committee of the whole on
the State of the Union for the consideration of the amendments of the Senate to the Legislative,
Executive and Judicial Appropriation Bill.

Mr. Holman: I suggest that the amendment be considered in the House.

Objection was made.

The Speaker: If objection is made, the motion of the gentleman from Indiana (Mr. Holman)
can only be passed under a suspension of the rules.

Mr. Hoiman : Then I move that the rules be suspended, so as to allow the bill and amendments
to be considered in the House as in Committee of the Whole.

The question being put on Mr, Holman's motion, it was not agreed to, two-thirds not voting
therefor.

Mr. Hawley. of Connecticut: I hope it will be knowmvhat all this means.

Mr. Shanks: We know what it means as well as the gentleman from Connecticut does.

Suspicion was awakened by this sharp turn in the proceedings, and the back-
pay grabbers were quick to rebuke Gen. Hawley for suggesting it.

General Garfield now took the lead of the House by right of his position, and
controlled it to suit the scheme which he clandestinely favored. He could ad-
vocate adjournments ostensibly, and yet by passive connivance allow them to be
voted down, so as to prepare the way for Butler, who was waiting for his pre-
concerted chance. Then followed:

Mr. Garfield: Pending the motion that the House resolve itself into Committee of the Whole, I
move that all general debate be limited to five minutes.

Mr. Randall: 1 renew i he motion that the House do now adjourn.

The motion that the House adjourn was not agreed to.

The question recurred on the motion that all general debates be limited to five minutes, and it
was agreed to.

Mr. Garfield, of Ohio: I now ask for a vote on the motion that the rules be suspended and that
the House resolve itself into Committee of the Whole on the special order.

The question being put on the motion of Mr. Garfield, of Ohio, that the rules be suspended and
the House resolve itself into Committee of the Whole on the Senate amendments to the Legislative,
Executive and Judicial Appropriation Bill, it was agreed to— years, 86; nays, 49.

The House then resolved itself into Committee of the Whole on the State of the Union. (Mr.
Dawes in the chair), and proceeded to the consideration of the amendment of the Senate to the
bill (H. R. No. 2,991) making appropriations for the legislative, &c., expenses of the government
for the year ending June 30, 1874, and for other purposes.

Having thus opened the door late at night. General Garfield affected alarm

least burglars might enter, and wanted to close it again. But there were keen

eyes that were not taken in, and saw that he meant to admit confederates who

had their bags ready to carry off the silver and spoons. So he rose again :

TRYING TO DECEIVE THE PEOPLE.

Mr. Garfield: Mr. Chairman, it is my desire to get this bill placed in a position where it will have
precedence, and then I hope we may adjourn. Several gentlemen asked me if this bill was likelv
to come up to-night, as they desired to be present during its consideration, and I told them that it
was not likely. , ,

Mr. Eldredge: Why, then, did the gentleman insist on going into Committee of the Whole on

THE BACK-PAY GRAB AND SALARY STEAL. 133

the State of the Union f After he had made that pledge we tried to adjourn, but the gentleman
insisted on going into Committee of the Whole on the State of the Union.

Mr. Garfield: The House insisted on going into Committee of the Whole on the State of the
Union.

Mr. Eldredge: The House did not ; it was the gentleman himself who insisted on it.

Mr. Garfield: On the contrary, I voted to adiourn every time. If gentlemen will send for a
printed slip which accompanies this bill, they will see all the amendments. There are several bat-
tle fields in this bill, and I wish to indicate them to gentlemen, so that they may understand the
matter. First, Ac, * * * * * * * *♦

After having pledged himself not to call up this bill, according to his own con-
fession, and thus kept away members who were known to be hostile to the grab,
lie sprung it on the House, and compelled the majority to go into Committee of
the Whole on the State of the Union. And when charged with this treachery he
said he had " voted to adjourn every time." So he did : but he rowed one way
and looked another.

At last the motive of all the trick management was made manifest, when the
leader came to the front, after having been bottled up until the night had well
advanced.

Mr. Butler, of Massachusetts: I move to amend the amendment reported from the Committee
of the Whole, to be submitted for it what I send to the clerk's desk to be read.

The clerk read as follows :

[Here follows the salary-grab amendment.]

Mr. Hawley, of Connecticut: I raise the point of order on the amendment of the gentleman
from Massachusetts (Mr. Butler), that it is not germain to the amendment reported from the Com-
mittee on Appropriations.

Mr. Holman : I raise the point of order that it is new legislation.

The Chairman: One point of order only can be entertained at a time.

The Chair [Mr. Dawes, who was in tlie plot] overrules the point of order of the gentleman
from Connecticut (Hawley) that this amendment is not germain.

The Chair will now hear the point of order of the gentleman from Indiana.

Mr. Holman: I raise the point of order that all points of order raised against any proposition
must be admitted at the same time. The gentleman from Connecticut raised the point of order
that this amendment was not germain.

The Chairman: And the Chair overruled that point of order.

Mr. Holman : Then I raise the point of order that each one of the salaries enumerated in
this proposed amendment is fixed by law, and the effect of this amendment is to change existing
law.

The Chairman: The Chair rules that so much of this amendment as provides for an increase of
salaries is in order.
Mr. Butler, of Massachusetts: And that is nil there is of the amendment.
Mr. Holman: Does the Chair overrule my point of order ?

The Chairman: The Chair rules that so much of this amendment as increases salaries is in
order.

[An appeal was taken, and, after some debate, the decision of the Chair was, of course, sus-
taihed by the conspirators.] »

Mr. Donnan: I raise the point of order that this amendment, in substance, if not verbatim, has
once before during this session been negatived by the House, and that therefore it is not now In
order to tack it on to an appropriation bill.

Mr. Dawes overruled the point of order made by Mr. Holman, although the
House had sustained it by a decided vote on the 7th of February, when Butler
moved to suspend the rules that he might attach this identical amendment to the
miscellaneous bill. If the sense of the House had been squarely tested, two-
thirds would have been necessary to get in the amendment. So Mr. Dawes was
put in the chair to defeat all objectionable points. Then Butler delivered his
prepared speech. After that Gen. Garfield had more regrets to utter for his own
work :

Mr. Garfield: I regret, Mr. Chairman, this subject comes before the House at such an hour of the
night as this. We ought to have fuller discussion than possible on this occasion.

A leading Republican, who had witnessed the whole scene, stood forward to

denounce this hypocrisy on the spot :

GENERAL GARFIELD DENOUNCED.

Mr. E. H. Koberts: Is not this matter before the House by his action at this hour ?

Mr. Garfield: I will answer the gentleman. I have myself, as the House will remember, been in
favor of the motion to adjourn [very much] ; but when the House does not adjourn I am bound to
go on with the business with which I am charged.

Mr. E. H. Roberts: I should like to ask him if this bill could have come up to-night except on
the motion of the gentleman from Ohio. * * i wish to ask another question. It is clear a

134 THE BACK-PAY GRAB AND SALARY STEAL.

majority here to-night are ready to vote for the proposition to increase salaries. The thing which
the minority asks is that this vote shall be taken in daylight, under the ej'es of the country.

Mr. Garfield: I desire that what has been said shall not be taken out of my time. If any gentle-
man in this House desires to intimate that I have done or may do any other than my duty in calling
the attention of the House to the public business, I am here to answer him.

Mr. E. H. Roberts: If any gentleman assumes to put the threat on me, I am here to answer him,
I do intimate that it is unusual to bring a bill including such a proposition and a vote at such an
hour,

Mr. Garfield: I insist on the floor, and say this: I gave notice this afternoon to the House that I
desired an evening session for the sake of bringing the Naval Appropriation and the Legislative
Appropriation Bills before the House after the one hour which was devoted to the bill of the gentle-
man from Massachusetts (Mr. Banks), Chairman of the Committee on Foreign Affairs. Gentlemen
came here with the understanding that both these bills were in order. [He had before stated that
he told members this bill was not likely to come up, and sent them away.] And, sir, if any gentle-
man has any responsibilities anywhere relating to any of these bills, let him bear his share. I bear
mine. I rose, however, to say that I not only regret that this proposition has been brought here
and now, but I regret that it has been brought at all.

His regrets were profuse after the mischief was done by his own collusive

management. There was a long and keen debate, but the whole thing had been

set up in advance, and the result was foreshadowed, or, as the Olobe puts it:

The question recurred on the amendment of Mr. Butler, of Massachusetts.
The committee divided, and there were: yeas, 93; nays, 71.

Thus the same amendment which was rejected by 39 majority on the 10th of
February, was rushed through on a rising vote of 23 the other way on the 24th.
When it came to tellers, where individuals could be seen and gazetted, it fell off
to 15.

Mr. Holman demanded tellers.

Tellers were ordered, and Mr. Butler, of Massachusetts, and Mr. Garfield, of Ohio, were
appointed.

The committee again divided, and the tellers reported: yeas, 81; nays, 66.

So the amendment was agreed to.

Other amendments were proposed and discussed, when

Mr. Holman: I think that at this late hour we can scarcely proceed to vote with proper delibera-
tion upon so grave a question as this, and I move the committee rise.

The question was put, and on a division there were: yeas, 46; nays, 66.

So the motion was not agreed to.

After more discussion-
Mr. Sargent— I move that the committee rise.

The motion was agreed to, there beiiig on division : yeas, 65 ; nays, 55.

The committee accordingly rose, and on motion of >lr. Randall (at 1 o'clock and 17 minutes A.M.)
the House adjourned. (Pp. 1670 to 1678, Conrgessional Globe, third session Forty-second Congress,
part third.)

General Garfield gained a victory, but the laurels, like the fruit of the
Dead Sea, have since turned to ashes on his lips. There was much indigna-
tion the next day, when it came to be known that General Garfield had pressed
this Appropriation Bill, after having given assurances that it would not be con-
sidered, and thus thinned out the opposition.

On the 28tli of February, just before midnight, the bill was reported to the
House from the Committee of the "Whole, where the permanent record of votes
had to be confronted. It began in this way :

Mr. Cox : Mr. Speaker, I want to put in my protest, as one member of this House, against
increasing my own salary by my own vote. When we were elected to Congress there was an im-
plied contract between us and the people that we should serve for so much.

Mr. Garfield: / must make the point of order that gentlemen must confine themselves to the sub-
ject under discussion.

Mr. Cox: Why did not the gentleman make that point upon some gentlemen on his own side ?

Mr. Garfield: Well, I give notice that after the gentleman shall have concluded I shall make the
point and insist upon it (page 1,90;3 Globe.)

After thus obstructing opposition by technical points of order. General Garfield

allowed the regular business to progress until the appointed time for finishing this

work. A special vote was demanded on the Butler amendment, and it was

beaten by 52 majority on the yeas and nays. But that vote was not sincere, for

Butler is recorded against his own proposition. In a few minutes after he

moved

To reconsider the vote just taken ; and pending that motion, I move that the House adjourn.
The hour is late and the House is very thin. [Laughter.]

THE BACK-PAY GRAB AND SALARY STEAL. 135

CLINCHING THE NAIL.

Npthing was now wanting but to rivet the previous action by refusing to
adjourn, and then clinch it by refusing to reconsider. Everybody understood the
exact issue presented. The adjournment was the test, and it prevailed by 53
majority, right in the face of the 52 majority just before recorded in the opposite
sense. In this way the door was opened for reconsideration.

It is true General Garfield voted against the adjournment, just as he puts him-
self on the record on other tests, while co-operating with Butler. But he never
raised his voice or lifted a finger to prevent the result. He had charge of the bill
and control of the majority. A word from him would have ended the grab, then
and there, but he did not speak it because he was sustaining what he pretended to
oppose.

The next day Butler's motion to reconsider was first in order, and Mr. Farns-
worth promptly moved to lay it on the table and thus finish the struggle. It was
defeated by 39 majority. That told the whole story. The reconsideration need-
ed no more momentum. The up and down vote fixing the Congressional pay
followed, with a bare majority of 8, caused by a desire to save members in close
districts, who, though earnest for the grab, would suffer by an affirmative record.
But there was always a reserve on hand, which could have been called into action
if absolutely needed. Fifty-one Republicans boldly faced the music. If only
two of them had gone over, there would have been no grab.

GENERAL GARFIELD'S BASE COMPLICITY.

This brief history of the proceedings in the House traces the course of General
Garfield from first to last, and fixes the responsibility direfctly upon him. He
abused his trust, and by an act of base complicity made the opportunity to origin-
ate this outrage. And when he could have dealt it a fatal blow he sat still
and passively gave the plunderers their greatest help.

The bill with this graft now went to the Senate, and from there to the hands of
a committee of conference, which was the objective point from the beginning.
The conspirators had got their scheme precisely where they wanted it. The con-
ferees on the part of the House, packed by the Speaker, who was in favor of the
grab from the start, were Benjamin F. Butler, Gen. James A. Garfield, one avowed
and one sneaking grabber.

On the last day of the session Gen. Garfield reported the result of the confer-
ence, doubling the pay of the President and raising the pay of members of Con-
gress from $5,000 to $7,500 retro-actively for two years, with a long catalogue of
augmented salaries. He made a labored and feeble speech, intended to palliate
his unworthy conduct. It was the old story so often repeated, of what the Senate
conferees had exacted, and what the House had surrendered. Speaking of the
salary, he said .

GENERAL GARFIELD'S HYPOCRISY.
The Senate conferees were unanimous in favor of fixing the salary at $7,500, and cutting
off all allowances except actual individual traveling expenses of a member from his home to
Washington and back again once a session, and cutting off all other allowances of every kind.
[Observe his effort to show the sacrifice of "allowances" by repeating it twice in a sentence.]
That proposition was agreed to by a majority of the conferees on the part of the House. I was
opposed to the increase in conference, as I have been opposed to it in the discussion, and in my
votes here [we have seen how sincerely]; but my associate conferees were in favor of the Senate
amendment, and I was cwnpelled to choose between signing the report and running the risk of bring-
ing on an extra session. I have signed the report, and I present it as it is, and ask the House to act
on it in accordance with their best judgment.

This scarecrow of an extra session deceived everybody. There was no more
danger of one then than there is now. If Gen. Garfield had resisted, even at that
late hour, in a manly and decided way, instead of conniving as he did, the House

136 THE BACK-PAY GRAB AND SALARY STEAL.

would have instantly receded, and the Senate must have followed suit. He knew
that perfectly well when this sham was invented to impose on the public. But
if it actually involved an extra session, was it not better to call one and stamp
out forever this diso-raceful mode of legislation, and put an end to such plunder,
than to protect bo by any acquiescence? The cost would have been cheap for
such an example.

A brief discussion was permitted, from which some passages may be profitably
culled :

Mr. Hibbard: I desire to ask the gentleman how much plunder will be taken from the Treasury
if this raising of salaries is adopted f

Mr. Garfield: I am glad the gentleman has asked me that question. The report presented here,
taking into account the changes made with reference to the salaries of members and officers of
both houses and other increases of salaries in this bill, will, accordinar to the best estimate I have
been able to make, involve an annual increase of expenditure of about threi quarters of a million
dollars.

Mr. Hibbard : How much for the present Congress ? . , . .

Mr. Garfield: For ihe jiresent Congress it involves an additional expenditure of about one and a
quarter tnillions. I think the House ought to know all the facts.

Mr. Dawe*: Did the gentleman hear the form in which the gentleman from New Hampshire
(Mr. Hibbard) put his question: How much this '^plunder'''' tvoidd amount to f

Mr. Garfield : / do not accept the gentleman's statement as to that. It may be an unwise expendi-
ture in some respects. But in most cases the increase is proper, and ought to be made. It is not
^'plunder'''' unless gentlemen here consider themselves not deserving of the promised pay. (Page
2101 Congressional Globe.)

GENERAL GARFIELD SHOWS HIS HAND.

At length Gen. Garfield showed his hand. He contended that " in most cases "
in the bill " tJie increase was pi'oper and ougJit to he made," and declared it was
*' not plunder, unless gentlemen consider themselves not deserving the promised
pay." Not content with this expression, he continued:

Mr. Garfield: I have nothing further to say, except that I wish the House to weigh well the dan-
ger of refusing to concur in this report. The conferees have spent ten full hours of hard work in
preparing it for the consideration of the House; and I ask gentlejnen to consider the resixmsibility
thrown v}X>n them in acting umn this question. I call for a vote.

The Speaker: The hour allotted to the gentleman from Ohio to close debate has expired.

Mr. Holman: I rise to a parliamentary inquiry, there being but one subject, the salary alone, in
reference to which there is a division of opinion. If the House refuse to sustain this point, will it
DOt be in order to recommit to the same committee ?

The Speaker: It would be, or to order a new conference.

Mr. Holman: We have twenty hours left in which that can be done.

Mr. Holman demanded the yeas and nays. The yeas and nays were ordered.

The Speaker: The^iChair has decided he would not entertain a motion to lay upon the table a
conference report. He is aware this ruling is somewhat dlf event from that made by previous occu-
pants of the chair. He has, however, uniformly decided a conference report could not be laid on
the table, because it would carry the bill with it. If the House rejects the report, that leaves the
Appropriation Bill for another conference committee. To lay the report of the Committee of Con-
ference on the table would carry the bill with it, and therefore the Chair has never entertained any
such motion. That is the reason of his decision.

Mr. Donnan: I ask that the rule be read which prohibits members from voting on a question in
which they are interested.

The Speaker: That has no application here whatever.

The question was taken, and it was decided in tlie aftirinative— yeas 102, nays 96, not voting 42.

So the report of the Committee of Conference was adopted.

After all his dodging, trimming, equivocation, double dealing and trickery,
Gen* Garfield finally voted squarely for the back-pay grab and salary steal in its
worst form. And that, too, when a change of only three would have prevented
the passage of this job.

THE AMOUNT STOLEN.

In addition to the two millions which Congress thus voted to themselves, there
were a host of oflEicials who shared in this sweeping spoliation, as may be seen
by the following list, making a comparison between the new and old pay.

THE BACK-PAY GKAB AN'D SALARY STEAL.

137 .

STATEMENT SHOWING THE SALARIES OF CERTAIN OFFICERS BY THE ACT OF
MARCH 3, 1873, AND THE FORMER PAY OF THE SAME, EXCLUSIVE OP THE
VICE-PRESIDENT, SPEAKER, AND THE TWO HOUSES OF CONGRESS.

New

President, per annum, exclusive
of perquisites

Vice-President

Speaker of the House

Chief Justice

Eight Associate Justices, each. ,

Secretary of State

Secretary of the Treasury

Secretary of War

Secretary of the Navjr

Secretary of the Interior

Attorney-General

Postmaster-General

First Assistant Secretary of State

Second Assistant Secretary of
State

First Assistant Secretary of the
Treasury

Second Assistant Secretary of the
Treasury

AssistantSecretary of thelnterior

First Assistant Postmaster-Gen-
eral

Second Assistant Postmaster-
General

Third Assistant Postmaster-Gen-
eral

Supervisin^Architect ofTreasury

Examinerof Claims StateDepart-
ment

Solicitor of the Treasury

Commissioner of Agriculture . . .

Commissioner of Customs

First Auditor of the Treasury. . .

Second Auditor of the Treasury.

Third Auditor of the Treasury. .

Fourth Auditor of the Treasury.

Fifth Auditor of the Treasury . .

Auditor for Post Office Depart-
ment

Commissioner of Land Office. . .

imy. Old pay. \

$50,000 $25,000

10,000

8,000

10,000

8,000

10,500*

8.500

10,000*

8,000

10,000

8.000

10,000

8,000

10,000

8,000

10,000

8,000

10,000

N,000

10,000

8,000

10,000

8,000

6,000

3,500

6,000

3,500

6,000

3,500

6,000

3,500

6,000

3,500

4,000

3,500

4,000

3,600

4,000

3,500

5,000

4,000

4,000

3,500

4,000

3,500

4,000

3,000

4,000

3,000

4.000

3,000

4,000

3,000

4,000

3,000

4,000

3,000

4,000

3,000

4,000

3,000

4,000

3,000

New

Commissioner of Pensions

Superintendent Money - Order
System

Superintendent Foreign Mails . .

Chief First Diplomatic Bureau,
State Department

Chief Second Diplomatic Bureau,
State Department

Chief First Consular Bureau

( ;hief Second Consular Bureau . .

Chief First Bureau Indexes and
Archives

Chief Second Bureau Indexes
and Archives

Secretary of Senate

Clerk House of Representatives.

Chief Clerk House of Representa-
tives

Journal Clerk House of Represen-
t atives

Doorkeeper House of Represen-
tatives

Assistant Doorkeeper House of
Representatives

Chief Engineer House of Repre-
sentatives

Six clerks House of Representa-
tives, each

One clerk

Ten clerks, each

Pour clerks, each

Postmaster Senate

Assistant Postmaster Senate

Two mail carriers, each

SuperintendentDocumentsRoom
Senate

First Assistant Superintendent
Documents Room Senate

SecondAssistant Superintendent
Documents Room Senate

pay. Old pay.
$4,000 $5,000

4,000
4,000

3,000
3,000

2,400

1,800

2,400
2,400
2,400

1,800
1,600
1,600

2,400

1,600

2,400
5,000
5,000

1,600
4,320
4,320

3,600

3,000

3,600

3,000

3,000

2,592

3,000

2,592

2,592

2,160

3,000
3,000
2,500
2,000
2,592
2,000
1,700

2,592
2,520
2,160
1,800
2.400
1,728
1,200

2,500

2,160

2,500

1,440

1,800 1,441

* The pay of the Supreme Court had been revised in 1870.

A GENERAL STEAL. •

Five reporters of the House were made permanent officers, with a salary of
$4,380 each, exclusive of extras. Even this wanton extravagance did not suffice
for the corruptionists. Their hand was in and they made the people's money fly
by a proviso giving 15 per cent, in addition to all the employees of Congress
whose salaries had been thus raised, and to others who had not the effrontery to
demand an increase, and then to date this percentage back two years, as they did
for themselves. Here is the profligate proviso to speak for itself :

And it is hereby provided that the increase of compensation to the officers, clerks, and others in
the employ of the Senate and House of Representatives provided for by this act shall begin with
the present Congress; and the pay of. all th^ present employees of the Senate and House of Rep-
resentatives, including the employees in the library of Congress, afid those under the Commissioner
of Public Buildings and Grounds now employed in the Capitol building, and also the House re-
porters, whose pay has not been specifically increased by this act, holding their places by appoint-
ment under the respective officers thereof, or by the authority of the Committee of Contiagent
expenses of the Senate, or the Committee of Accounts of the House, be increased fifteen per
centum of their present compensation on the amount actually received, and payable to them
respectively from the beginning of the jrresent Congress, or from the date of their appointment
during the present Congress, and who shall be actually employed at the passage of this act.

Pressed by popular resentment and the dread of the coming elections, Congress
reluctantly repealed this legislation at the recent session. But in March they
undid a portion of what they had done in January, and raised many salaries still
higher than they stood in the bill of abominations. The reporters, for instance,
are allowed $5,000 a year, when they only average nine months of work on a
Congress of two years, and have all the rest of the time at their own disposition.

138 THE BACK-PAY GRAB AND SALARY STEAL.

One of tho first acts of the Democrats when they obtained control of the House
of Representatives was to reduce the salaries of all the employees of that body to
the old standard, cutting off not only the increx?e by the back-pay grab and
salary steal act, but various other addition which the Republican majority had at
various time made.

GENERAL QABFIELD TOOK THE SWAG BUT WAS AFRAID TO KEEP IT.

General Garfield promptly drew his back pay, which amounted to $4,548.

The indignation of th3 people at this bold steal by their representatives scarce-
ly knew bounds. The constituents of the 103 members of Congress who voted
for the back-pay grab and salary steal, immodiately assembled in their respective
Congress Districts and passed resolutions condemning their unfaithful represent-
atives. The Republicans of General Garfield's district assembled in convention
at Warren, Trumbull County, Ohio, March 26, and adopted a resolution asking
him to resign his seat in the House of Representatives, and declaring that by
voting for the retroactive salary bill, he had forfeited the confidence of his con-
stituents. General Garfield had not the courage to defend his course. He kept
the money nearly six weeks, however, after the adjournment of Congress, and
then surreptitiously returned it to the treasury.

He did not do this, however, through the Sergeant-at-Arms of the House of
Representatives, but had it deposited to his credit with the Treasurer of the
United States. The following letter from the Assistant Secretary of the Treasu-
ry, shows how he returned the money :

Treasury Department, Office of the Secretary, I
Washington, June 22, 1880. )

H. DusEY, Esq., East Des Moine?, Iowa:

Sir: In reply to your letter of the 17th inst., asking to be informed on what date the Hon. James
A. Garfield paid into the treasury his back pay. and how the treasury books show this transaction,
I have to inform you that it appears from the records of this office that the sum of $4,548 was de-
posited to the credit of the Treasurer of the United States in the name of James A, Garfield, on
"account of retroactive increase of salary," on the 2M of April, 1873, and that this amount was
covered into the treasury by miscellaneous covering warrant No. 704, second quarter, 1874, and can-
not be withdrawn except by act of Congress.

Very respectfully,

J. K. UPTON,

Assistant Secretary.

GENERAL GARFIELD S SERVICE TO THE INDIAN RING. 13^

GEiXEKAL GARFIELD'S SERVICE TO THE
INDIAN RING.

General Garfield, while he was Chairman of the Committee on Appropriations,
was one of the most useful and potent friends the Indian Ring had on the floor
of the House. Upon every occasion, when his influence should have been in the
interest of reform, it was exerted to shield and to enlarge the operations of the
Indian Ring.

No man will now dispute that the management of Indian affairs, during the
period of which we speak, was grossly corrupt. It had grown worse year after
year, until the evil had become alarming. It was destructive to the remnant of
aboriginal tribes, and was a standing reproach to the civilization of the country.

Philanthropic and Christian men of various denomniations, had advocated the
policy of peaceable persuasion rather than military power, as a means of civilizing
the Indian. The experiment had been tried on the Cherokees, Chickasaws and
other nations, and had been productive of great good. If their praiseworthy
efforts had been properly seconded with the least honest disposition, they might
have accomplished a great deal towards improving the present condition of the
wards of the nation.

In April, 1889, a Board of Indian Commissioners was created with authority
"to exercise joint control with the Secretary of the Interior over the disburse-
ment of the appropriations made by this act or any part thereof that the President
may direct." President Grant appointed men of unexceptionable character, who-
served without pay or reward, and at the start the experiment promised fair, but
it began to be discovered before the end of the first fiscal year, that obstacles
were thrown in their path, and that the Ring was determined to thwart their good
intentions. Accordingly the power of the commissioners was more positively
defined by an act approved July 15th, 1870, which declare 1 the duty of said
commissioners

To supervise all expenditures of money appropriated for the benefit of the Indians in the
United States; to inspect all goods purchased for said Indians, in connection with the Commis-
sioner of Indian Affairs, whose duty it shall be to consult said coramissioneri in making purchases
of said goods.

THE COMMISSIONERS CRIPPLED.

This restraint was damaging to the Ring which dominated the Indian Bureau
and owned the Secretary of the Interior. The frauds upon the Indians and the
government continued until there was an outcry against the growing jobbery.
The commissioners appealed in vain to the President, who referred the com-
plaint to the Interior Department which had sanctioned the wrongs. They
asked for new legislation, and in May, 1871, obtained it, but with the proviso
that

140 GENERAL GARFIELD's SERVICE TO THE INDIAN RING.

The Secretary of the Interior shall have power to sustain, set aside, or modify the action of
said board, and cause payments to be made or withheld as he may determine.

The Secretary exercised this power to set aside and modify freely. The com-
missioners made public outcry and aroused a sentiment damaging to the admin-
istration of the Interior Department. Nevertheless the Indian Ring succeeded in
May, 1872, in getting a proviso added to the Indian Appropriation bill, by which
the commissioners were rendered powerless to protect the Indians, or the treas-
ury.

This proviso was as follows •

That any member of the Board of Indian Comraissione rs, is hereby empowered to investigate
all contracts, expenditures and accounts, in connection with the Indian service, and shall have ac-
cess to all books and papers relating thereto, in any govern ment office, but the examination of
vouchers and accounts by the Executive Committee of said Board, shall not be a prerequisite of pay-
ment.

Thus shorn of all real power, the commissioners still struggled to check the
corruption that was daily growing worse. Their remonstrances however were
unheeded. The whole power of the government appeared to be exerted to break
them down. The Indian Bureau withheld all vouchers from the supervision of
the Board, and treated the commissioners with contempt.

THE COMMISSIONERS PROTEST.

They firmly protested as follows:

The Execaitive Committee of the Board respectfully present the following report: From July
1, 1872, until March 1, 1873, no accounts were sent to us by the Indian Office, for examination. It
having been thought by that office, that the Act of May 29, 1872. relieved them of the necessity of
fiubmitting accounts to the board, and relieved the board of the duty to act on them.

After the meeting of Congress, the discussion upon the Indian Appropriation
bill showed, that it was not the opinion of Congress that the board had been re-
lieved from the duty of auditing these accounts. Notwithstanding this positive
statement by the Indian Commissioners, Mr. Delano, the Secretary of Interior,
had the effrontery in a document laid before Congress to say :

In view of the legislation m that behalf which had been previously enacted, and was still un-
repealed, and the peculiarity of the language of the act of 1872, 1 deem it best for prudential rea-
sons for the time being, to continue the practice of sending all accounts to the board for examina-
tion, prior to the final action of the department thereou.

These statements contradict each other and cannot both be true. The com-
missioners had no motive for falsifying ; Mr. Delano had. After this the ac-
counts were sent for auditing, and the commissioners rejected, or disapproved,
or suspended to the amount of over a half million dollars. Mr. Delano indorsed
on the back of them, "Action set aside by the Secretary of Interior."

These things were not done in a corner. The Indian Commissioners did not
hide their light under a bushel. They were in earnest. They made known their
difficulties to every member of Congress who would listen to them. They told
how they found the department protecting plunderers, and said that they be-
lieved the officials were sharing with them. They resigned in a body and Mr.
Delano filled their places with subservient tools. He demanded liberal pay
for these tools. He made a notorious jobber of the Washington Ring secretary
to the new coimmissioners with a large salary.

GENERAL GARFIELD's SERVICES TO THE RING.

Public sentiment, excited by the venal and vicious legislation of back-pay
grab and like steals, demanded legislation which would sweep the Indian Ring
out of existence. When the Indian Appropriation Bill came up an effort was
made to revive the proviso of 1871. On the 10th of May Mr. Beck moved to
strike from the bill certain words and to insert the proviso above quoted. In-

141

stantly Gen. Garfield sprang to his feet and interposed one of the parliamentary

quibbles with which he was always ready. , He said :

I make a point of order against this amendment. It is plainly a change of existing law
in reference to the mode of keeping accounts and administering business in the Interior Depart-
ment.

What Gen. Garfield called the " existing law" was the proviso of 1872, which
had been added to the appropriation bill of that year for the express purpose of
negativing the authority of these commissioQers. Mr. Beck promptly answered.
He said :

I do not think the point is well taken. My amendment simply embodies the law as passed in
1871. It was attempted to be invalidated m 1878 by the proviso in these words : " but the ex-
amination of vouchers and accounts by the Executive Committee of said board stall not be a pre-
requisit of payment.'"

Mr. Garfield : Certainly ; but that is the whole point. The proposition of the gentleman from
Kentucky (Mr. Beck) amounts to this :» Under the existing law the Secretary of the Interior has the
power to go on and settle accounts, and the proviso of the gentleman puts the power of settling these
accounts mto the hands of an outside board, without regard to the Secretary of the Interior. It
provides that no payment shall be made until this outside board shall have audited and passed the
accounts. It is a plan to unhinge all our present methods of settling Indian Recounts.

**************

Mr. Beck : I want to call the attention of the House and the country to what I expected would
follow — what two years ago I insisted would follow. Indeed, what I showed then was the in-
tention of striking out this provision requiring the Indian Commissioners to revise these accounts
of Indian agents. It was done then, and the effect has been to enable the retainers, agents, pet
contractors and other hangers-on of the Indian Bureau to rob the treasury of the United States.
*****jij*******

The favored contractors have been awarded contracts at nearly double what they were made at
when advertised to the lowest bidder, and the frauds of the Indian Ring are all perpetrated la
consequence of the determination to overthrow a supervision and render impossible an investigation
by this Board of Indian Commissioners. They have appealed to Congress ; they have appealed to
the President to have this power ; they have appealed to the Secretary of the Interior ; and now
a point of order is raised and sustained, and the Republican side of the House refuses to suspend
the rules and refuse to give these commissioners any power to save the money of the people.

GENERAL GARFIELD MAKES FACES AT THE COMMISSIONERS.

Mr. Garfield : The proposition of the gentleman from Kentucky (Mr. Beck), which he thinks I
have done very wrong in objecting to on a point of order, is this : that the head, not of the
bureau alone, but of a great executive department of this government, shall be deposed officially,
and a body of outside people without salary, without bonds, without any sort of pecuniary or legal
pledge resting upon them to hold them responsible to the government, shall have the vouchers and
accounts of one |Of the departments of the government sent following after them wherever they
may happen to be— at their several homes, at the watering places, traveling on the cars or any-
where else ; and that these gentlemen at their leisure may look over these vouchers and accounts
and write "approved" or "disapproved," but that no person shall be paid for any services rendered
in connection with the Indian Department until these fine outside gentlemen shall have approved
of the accounts.

Gen. Garfield denounced as "outside people" and an "outside board" the
Peace Commissioners created by Congress and appointed by the President,
empowered by law to exercise joint control with the Secretary of the Interior
over the disbursement of appropriations, and who had wisely and honestly exer-
cised that power until the Indian Ring, with the aid of the Secretary of the
Interior, had crippled it in 1872.

This was Gen. Garfield's mode of treating a dignified body of the most
respectable, conscientious and enlightened men, who had very self-sacrificingly
devoted their time to a cause which they believed to be good.

He was not allowed to go unrebuked. Mr. Beck demonstrated that Secretary
Delano had lived under the act of 1871 for a whole year, and that he then got it
clandestinely repealed by the proviso of 1872.

Mr. Beck continued:

MR. beck's SCATHING REVIEW.

Mr. Beck: The act that I now seek to restore was passed in May, 1871 ; it was passed to prevent
a flagrant evil, which former laws had left untouched, because at that time there was no way of
stopping payments upon vouchers of Indian agents that came to the bureau. The holders of these
vouchers were paid whenever they asked, so they appeared regular on their face. Proof was made
before a committee, of which I was a member, that a large number of the greatest frauds were per-
petrated under that system. At some of the agencies wnere cattle were^o be delivered, say 200 or
300 would be delivered, and then they would stampede them and collect them and re-deliver them.

142 GENERAL GARFIELD S SERVICE TO THE INDIAN RING.

"We were told of one case where eight or nine hundred head had to be delivered, and as soon as
they delivered one lot they would be driven back to the rear of the line, and so counted over again,
and vouchers given for them, although twice counted and known to be so. One agent in Montana,
as the gentleman from Montana (Mr. Maginnis) knows, was dismissed because he refused to give a
Iradulent voucher for about $47,000 when the true voucher was only $7,000. It was to guard against
these frauds that we passed that law. which the gentleman from Ohio did not then dare to oppose.
* * * * In 1872, in an evil hour, this House consented to striking out that au-

thority of the Peace Commissioners to revise these vouchers and accounts, and from that time to
this fraud and corruption have permeated the Indian Department in the payment of accounts
and vouchers and in contracts. The commissioners have certified to that, and it is sought to be
perpetuated by gentlemen on the other side of the House by refusing even to let an amendment in
the interest of honesty and fair dealing to be considered.

That is what I have said ; and the facts I have presented are not met and cannot be met, for they
4ire trne. If your agents are going to be honest in their disbursements, what harm can it do to allow
men appointed under an act of Congress and chosen by the President to look at the vouchers of the
agents and advise the Secretary whether they are just or unjust.

If you allow them to make purchases, if j'ou allow them to control contracts, why should you
not allow them to examine the vouchers of the Indian agents? That is the point where the Secre-
tary of the Interior can get no information except from these commissioners, who have their agents
•everywhere, whose duty it is to know what the Indians get, and who can tell whether the vouchers
are just or not. You have stricken out this right so that nofaan can be able to detect frauds, and
refuse even to allow us the right to try and restore it. {Cong. Record, May 10, 1874.)

GENERAL GARFIELD DECEIVES THE HOUSE.

These appeals had no effect. General Garfield , Chairman of the Appropriations,
and Mr. Averill, Chairman of Indian Affairs (just rejected by his constituents),
had a good understanding with each other. They represented the Ring, and car-
Tied it over all opposition. The new members, composing more than one-half the
House, and not yet enlightened as to these sharp practices, naturally enough fol-
lowed their political leader, and accepted the assurances of Mr. Garfield as true.

While the Indians are annually decreasing fast in numbers, the cost of main-
taining them increases in a corresponding ratio. The very policy which was
adopted as a means of peace and economy has been converted into an engine of
strife and plunder, until the expenses have more than doubled since it was inaugu-
rated. This is not the fault of the policy, but of faithless and venal men who
liave abused it for their own advantage and that of thieving confederates.

ENCOUKAGING AND DEFENDING PETJT LARCENY. 143

EKCOUMGING AND DEFENDING PETIT

LARCENY.

Gen. Garfield, while Chairman of the Committee on Appropriations, not
only favored every petty steal, but enlarged the opportunities of the thieves in
all the executive departments. Everybody will remember with what disgust
the people six years ago received the intelligence from Washington, that Attorney-
General Williams had directed the disbursing officer of the Department of Justice,
to buy and pay for out of the contingent fund, a sixteen hundred dollar landaulet,
in which his wife was daily seen disporting herself on the streets. In the good
old times, a cabinet officer found riding in a carriage paid for by the govern-
ment would have been driven by the people's scorn from the country. Almost
a half century ago, Mr. Ogle, of Pennsylvania, made Matrin Van Buren, the
President^of the United States, an object of ridicule everywhere, by falsely de-
claring in the House of Representatives that he daily used gold spoons in the
White House.

But the times change, and men change with them.

For many years past, until the Democrats obtained control of the House,
not only every head of a department, but almost every head of a bureau, had a
carriage and span of horses paid for by the government, and kept at government
expense, for his private convenience. At the time of which we speak there were
forty horses in use at the Treasury Department alone. Thirty of them were for
the use of the department employees.

Gen. Garfield, as Chairman of the Committee on Appropriations, reported in
the Legislative, Executive, and Judicial Appropriation Bill for the fiscal year
1874, a clause to continue and legalize this robbery. {See Cong. llec. No. 110,
April25, 1874.) For the first time in the history of the government a specific ap-
propriation was recommended and carried, for carriages, horses, and repairs for
the Department of Justice :

Mr. Garfield : It has been found necessary to move to amend the para":raph just read by insert-
ing before the words " five copyists " the words " one cleric, who shall be telegraphic oi)erator,
$1,000."

The amendment was agreed to.

The Clerk read the following :

For contingent expenses of the department, namely : For furniture and repairs, $1,500 ; for
care of and subsistence of horses, $1,400 ; repairs to carriages and harness, $600 ; for law and mis-
cellaneous books for the library of the department, $3,000 ; for the same for the office of the Solici-
tor of the Treasury, $1,000 ; for stationery, $3,500 ; for miscellaneous expenditure, such as tele-
graphing, fuel, lights, and other necessaries, $6,000 ; in all, $16,000.

Mr. Nesmith : I move to amend the paragraph just read by striking out the words " for care of
and subsistence of horses, $1,400 ; repairs to carriages and harness, $600." I believe that this esti-
mate is an innovation. I believe there has been no definite estimate of that kind offered hereto-
fore for this department. I do not perceive the necessity of an appropriation of $2,000 for the par-
pose of transporting anything connected with the Department of Justice about ihis city. If this
item of $2,000 is stricken out I fancy it will be that much saved to the people who pay the taxes.
I observe that in other portions of this bill, which were passed when I was not present, there is
appropriated for the Postmaster-General for a similar purpose $1,200, and for the Secretary of the

144 ENCOURAGING AND DEFENDING PETIT LARCENY.

Interior the same sum. Now, if it is proper and necessary to make such appropriations for the
heads of the departments, there should at least be equality among them. I do not understand why
the Attorney-General should have $800 more appropriated for the use of private horses and car-
riages than is appropriated for the other members of the cabinet.

I do npt know if ray amendment is adopted that it will be a saving to the treasury. I see that
heretofore, when no appropriation of that kind was made, the contingent fund has heen used for
a similar purpose. I hold in my hand copies of vouchers for moneys paid out of that fund. They
areas follows :

A $1,600 CARRIAGE.

Washington, Jan. 27, 1872.
United States Department of Justice, to Andrew J. Joyce & Co., Dr.

To one landaulet, No. 94, $1,600. Received payment. Andrew J. Joyce & Co,

Baltimore, July 29, 1871.

United States Department of Justice, bought of Coblens & Kaufman, one pair of bay horses,
$750. Received payment. Koblens & Kaufman.

Washington, July, 1872.
United States Department of Justice, to Andrew J, Joyce & Co., Dr.

One pair stitched pole straps and gold slip buckle, $8 ; new silk lining in landaulet, $.35.75 ;
painting and varnishing landaulet, 142,50 ; various other items same nature, $124.88. Total,
$211.13.

Then in November last there was another bill for repairs of landaulet, and again in December,
making in all over $800. The landaulet seems to have been repaired from June, 1872, to December
last, to the amount of about $1,100. It must have been that it was not a good landaulet when it
was purchased, though costing $1,600, to require that amount of repairs.

Now I appeal to the Chairman of the Committee on Appropriations, who is supposed to be la-
boring here in the interest of economy, and who the other day struck out the enacting clause in a
bill which provided for a small appropriation to remunerate widows and orphans who' have been
made such Dy lack of protection on the part of the government, which permitted the Indians to
massacre their natural protestors, The occupant of the office, the Attorney-General, has the
honor to be a constituent of mine ; and I desire to see all my constituents treated equally well. I
do not believe in giving $2,000 for private i)urposes to a man who is already drawing a salarjr of
$8,000, while you refuse to compensate widows and orphans for property destroyed by the Indians
through your own neglect.

I do not believe that it is under any circumstances legitimate ti appropriate money to the heads
of these departments for the purpose of transporting tiiem about this city. Why not make a sim-
ilar allowance to members of Congress ? Why not make an appropriation of the same kind for the
benefit of the Judges of the Supreme Court ? Why not make the system equal and uniform every-
where? This constituent of mine is the only one who indulges in this gorgeous oriental splendDi
of riding in a sixteen hundred dollar landaulet. Why, sir, lawyers of my state of his calibre ride
upon the outside of a fifty dollar mule, and think they are doing well at that. But. sir, there is a
Spanish proverb, I believe, "Put a beggar on horseback and he will ride to the devil." Mow, I
have no objection

Mr. Negley : I object to the remarks of the gentlemen in reference to a cabinet minister.

Mr. Nesmith: Well, sir, without making any direct reference to anybody, I say it is a Spanish
proverb, " Put a begger on horseback ana he will ride to the devil." I have no objection to the
termination of this journey in that direction, but I do not want the people to pay for the trans-
portation.

Mr. Durham: I desire to ask the Chairman of the Committee on Appropriations one question in
regard to this item I have been appoinied a member of a sub-committee to investigate the con-
tingent expenses of the Department of Justice since its establishment in June, 1870 : and I expect
in two or three days to make a report upon the extravagance growing out of the contingent fund

this department; but for the present, regarding it as inappropriate to make any statement as to
what will be the substance of that report, I desire to ask the Chairman of the Committee on
Appropriations how many horses are provided for in this appropriation '* for care of and subsis-
tence of horses?"

ALL THE HONORS YOU WANT.

Mr. Garfield: We limit it only by the amount appropriated ; we have nothing to do with the
number.

Mr. Durham: That is not answering my question. How many horses are provided for in this
item ?

Mr. Garfield: I answer the gentleman, that we pav nothing about the number. There will be, I
presume, so many as can be i)rovided for (including the carriage) with this amount of money.

Mr. Durham: Then I put this further question to the gentleman : Whether it v/ill take $1,200 to
keep one horse or two horses or three horses; and I renew the question, how many horses are
provided for in this item ?

Mr. Garfield: The gentleman can get all the echoes he may desire in answer to his question as
to the number. I do not know the number, and do not undertake to state it

Mr. Durham: The gentleman is not answering with fairness and candor.

Mr. Garfield: I have not the information upon which to answer, and therefore I do not undertake
to do so.

Mr. Durham: Then I still put to my distinguished friend the question, whether he has the items
to show how many horses there are in use by that department

Mr. Garfield: If the gentleman has made a careful investigation as one of a sub-committee, and
has his report inchoate and almost ready to launch, he certainly ought to be able to answer that
question better than I can.

Mr. Durham: I can answer so far as the past is concerned; but in this bill we are providing for
the future. I will answer that there have been three horses in use by that department in the past.
Now, how many are there to be used in the future, for the year ending June 30, 1875 ?

Mr. Garfield: The number of horses to be used in the future is something I suppose that would
require a prophet to prodict; but if the gentleman

ENCOURAGING AND DEFENDING PETIT LARCENY. 145

Mr. Durham: The gentleman understands my question. Uow many have the committee pro*
vided for in this bill ?
, Mr. Gai-fleld: Well, I am utterly incapable of furnishing brains for the understanding of '4
statement, in addition to making it.

Mr. Durham: If I have not got the brains to answer, I have the candor and honesty to answer;
I will say that much. If my d.stinguished friend, who stands at the head of this Appropriaiioa
jCommitree, and who ought to know the purpose of this appropriation of $1,200 for taking care and
for the keep of horses, will not have 1 he fairness or the candor to answer on the floor of this House,
then I leave it to the House to judge between him «nd myself.

Mr. Garfield: There is no need of heat about this mutter. The Committee on Appropriations
havd pnt in what they considered enough to maintain the expense vf what now exists. The gentle-
mttnsays that is three horses and carriages. I should suppose three horses, one for relay in case
of accident, would not involve an extravagant am^ unt, provided we proposed the heads of depart-
ments shall have the employment of horses and carriages.

Now, Mr. Chairman, the Attorney-General said this to the committee: that he is compelled in
his office not only by his as-i^tants to run the Court of Claims on the government side of it, but all
the cases of the United States in the Supreme Court, and that ther-j is not a day in which he doe.s not
require the use of a horse and carriage. Whether it should be by what the government owns oJ
what they may hire makes no difference. If gentlemen want the Attorney-General to walk to the
Supreme Court on foot, or to ride in the cars, or to go wherever else he tfoes as other citizens, if
the gentleman wants to break down the habit of ytars, and sweep away all arrangements for
horses and carriage, very well .

GENERAL GARFIELD BELIEVES IN AN OFFICIAL ARISTOCRACY. '

According to Mr. Garfield, the attorney-general is not expected "to walk to the
Supreme Court on foot, m' to ride in a car, or go wherever lie goes as other citizens.'*
According to him. Cabinet officers are an official aristocracy, not to be treated like
" other citizens.'' Although they receive $8,000 a year salary, and serve the public,
they must be allowed tine carriages, fast horses and gilded harness, to be paid for
out of the treasury. He speaks of ' ' breaking down the habit of years and sweeping
down all arrangements for liorses and carriages." Whoever heard of horses and
carriages furnished by the government for officials until Gen. Garfield and those
like him sanctioned the bad " habit." The pretense that a carriage is necessary
for an attorney-general attending the courts is false. The sixteen-hundred-dol*
lar landaulet which attorney-general Williams had the disbursing clerk of his-
department pay for out of the contingent fund was for the private use of himself
and wife. Even the liveried driver was borne upon the pay-roll of the Depart-
ment of Justice.

There were still other interesting discussions on this occasion.

Mr. Nesmith : Permit me to ask the gentleman a question.

Mr. Garfield: Certainly.

Mr. Nesmith: Does he believe thera is any more necessity for providing these departments witjb.
expensive horses and a sixteen-hundred-dollur carriage than the judges or members of Congress?
And in connection with that, does the attorney-general go every day to the Supreme Court? And
another question in the same connection; Are these departments being run by horse power?

Mr. Garfield: Mr. Chairman, I have no doubt there are abuses; I know there have been abuses
In regard to horses and carriages in the various departments. These are abuses, if not as old as the
government, older than any member of the House. There has been no attorney-general from the
fouiidatian of the government who was not furnished with horses and a carriage by the govern-
ment as a part of hi-* official outfit for the performance of his duties. There is no hour of tlie d&jr
when the heads of the departments are not liable to be called upon to meet the President in Cabinet
to consult with each other, and it is a matter of common decency in the transaction of businetss
they should have it.

WILLFULLY FALSIFYING.

In Stating that "there had been no attorney -general from the foundation of
the Government who was not furnished with horses and a carriage by the goy-
ernment," Gen. Garfield willfully falsified. He did not and could not produce
a single example, record, appropriation or voucher justifiying his baseless asser-
tion. Attorney-General Williams was, shortly after this, driven from office.
Even Grant could no longer retain him; yet Garfield appeared as his defender on
the floor of the House. To this day Williams is known as " Landaulet " Wil-
liams. The exposure of this landaulet transaction had been made previous to
Garfield's defense.

Mr. Wood, of New York, pertinently called attention to the fact that the prac-
tice of which Garfield spoke as long standing was a recent one. He said;

10

:S46 . ENCOURAGING AND DEFENDING PETIT LARCENY.

., It is not true that the practice to which we now t;ike exception is of long standins; in this gov-
.'^immont, or is of auy t*tandiug whatever prior to the incumbency of the gentleman who now fills
that -office- My memory, sir, goes back for a long period, not only with refeience to the office of
the Attorney-General of the United States, but with reference to all the executive departments;
and I declare here that it is a practice of recent and modern introduction that any head of a depart-
ment, that any executive officer of this government shall seek to be carried through the streets
of Washington at the public expens •.

Sir, the Chief Justices of the United States, including John Marshall and Roger B. Taney, never -
traveled at the expense of the government, either from their homes to Washington, or from their

Sesidences in Washington to the Capitol here, for the purpose of attending lo their official duties,
t is entirely a mistalce to suppose that this is an o d practice. It is an attempt to justify by an
erroneous statement, founded upon a misapprehension, this system of having public coaches for
the use of officials, bought by the money of the people, wrung from the industries of the nation.

STILL OTHER CASES.

I^OT was this the only case that led to debate. On the same bill angry feelings
i)roke out in another spot, but with less intensity. (See Congressional Record,
April 24, 1874, page 40.)

[ Mr. Sener: I move to strike out the words for "horse and carriage, and keeping the same,
$1,200 " (for the Commissioner of Pensions). It seems to me that with the iinpro-'ed facilities for
pas-iing from point to point in Washington afEorded by the street cars, with the several departments
connected as they now are by telegraph, we should not allow any bureau officer a horse and car-
riage.

Mr. Garfield: t will simply say in reply that the duties of the Pension Office are peculiar in this. It
is in a building a great wa^ from the Interior Department, in the Seaton House, and there are other
buildings where the pension clerks are kept. A great deal of communication, of referring papers
auid of messages, is required to be done.

A PRETENCE OP ECONOMY.

lAv. Prye: Is it in tho interest of economy for this bureau to keep a horse ?
• Mr. Garfield: We think it is.
Mr. Handall: Oh, no; it is not.

Mr. Sener: I wish to say in reply to the gontleman from Ohio that it is only a few minutes' walk
from the Department of the Inteiior to the Seatoa Uouse, wliere many of the pension records are
keot. Besides tiiat, as my friend from Ohio very well knows, no paper carried to tlie Pension
^Office is acted on the same day it is carried there. Nor does the commissioner himself give per-
gonal attention to papers, except by sending for a clerk to bring in the papers; and then he gives a
•Jiearing and determines what he will do in the matter.

Mr. Lawrence of Ohio: I wish to ask my colleague (Mr. Garfield) why it is necessary to appro-

Sriate $1,200 to keep a horse and carriage for one year. It is at the rate nf $100 a month. Now it
oes riot cost any such snm in any city of the United States, or of the world; and this appropria-
.tion for such a purpose cannot be honestly expended.

Mr. G .rfield: More thau this was expended last year to keep up the establishment in this same
office. The gentleman cannot hire a saddle horse in this city for less than %-Zb a month at auy
respectable livery stable.

Garfield's misrepresentation.

That was the kind of argument Gen. Garfield employed to defend his culpable
-extravagance. He was consistent in that, as he was in misrepresentation, when
Ibe stated that some of the pension records were in "the Seaton House, a great
Way from the Department of the Interior." The distance is just three blocks,
and one building is in sight of the other from the roof. Nine-tenths of the House
and the audience were aware of this bold falsehood, and yet Gen. Garfield coolly
went on, as if he was uttering undoubted truths to prop up a justifiable grant of
' public money.

Gen, Garfield is accountable for a system of reckless expenditure, by which the
, public service has been demoralized and millions squandered, during the time
that he directed the appropriations as chairman of that most important com-
mittee.

GARFIELD THE CHAMPION OF O. O. UOWARD. 147

GARFIELD THE CHAMPIO?( OF 0. 0.

HOWARD.

The Freedmen's Bureau and the Freedmen's Bank were twin monster frauds.
The first was avowedly established to care for and maintain Southern white Un-
ion refugees and to protect and provide employment for the emancipated blacks.
There was much suffering among the whites as well as the blacks at the South
toward the close of the war. The social and industrial systems were broken up ;
great hordes of negroes flocked to the Union armies, and the support of these two
"Classes was a heavy burden upon the Commissary Department. To afford the
white refugees and late slaves the means of self-support it was suggested that the
lands within the Union lines abandoned by their owners should be parceled out
to the helpless people, and that the government furnish them with the means of
tilling the soil and supply their wants while awaiting the reward of their labor.
Had tliis beneficial purpose been honestly adhered to, the greatest good might
have been accomplished. The change from the system of slave labor to that of
free could have been effected without a jar, and the owners of the soil and the
•emancipate! slaves would have accepted the new order without ill feeling. The
Freedmen's Bureau grew out of the desire to accomplish something of this sort.

Mr. Lincoln was most anxious to rehabilitate the States and favored a policy of
reconciliation. lie thought the Freedmen's Bureau would be a useful agent in
the work he was undertaking. He exerted all his influence to restrain the Repub-
lican majority in Congress from conferring unusual powers on the Commissioner
of the proposed Bureau and his subordinates. He wanted all the employees of
the Bureau held responsible to the military authorities and amenable to court
martial. The bills which were introduced at the second session of the Thirty-
eighth Congress providing for the establishment of the Freedmen's Bureau did
not confer any extraordinary power upon the commissioner, and he and his sub-
ordinates were, by the terms of the bills, amenable to the articles of war. Not-
withstanding this, in the judgment of the majority of the Senate then, the com-
missioner had too much discretionary power, and several bills originating in that
l)ody or agreed upon in conference committees of the two Houses, were voted
•down. In the opinion of the late John P. Hale, of Maine, then a Senator, the
loyal white people of the South were entitled peculiarly to the assistance of the
Federal Government. He opposed the bills creating the Freedmen's Bureau be-
cause they did not provide for ih", distribution of abandoned lands and proj)erty
to this class, or made them subordinate to the blacks. Finally an agreement was
reached by which a bill was secured, through a conference committee, less objec-
tionable than any of the others. This bill created the Bureau of Refugees, Freed-
men, and Abandoned Lands of the War Department. Its management was to be

14€ GARFIELD THE CHAMPION OF O. O. HOWARD.

in the hands of a commissioner, who might have ten assistants. The act was-
approved March 3, 1865, and May 10, 1865, Gen. O. O. Howard was assigned ta
duty as commissioner. By a series of acts, passed by succeeding Congresses,
the power of the commissioner was greatly enlarged and millions upon millions
of property turned over to him, in the disposition of which he was well nigh
unrestricted. The first attempt at this enlargement of the scope of the Bureau
was made at the first session of the Thirty-nmth Congress, and the bill was ve-
toed by President Johnson. This veto was the beginning of the rupture be-
tween Andrew Johnson and the leaders of the Republican party. Gen. Garfield
was among the most ultra of his party in advocating the enlargement of the pow-
ers of the Commissioner of the Freedmen's Bureau. He was always the cham-
pion of Gen. Howard. The management of the commissioner was even then
denounced as bad, and the work of his subordinates was such as to draw from
Gen. U. S. Grant, in his report of the condition of the Southern States after his
tour through them in the Full of 1865, the following stinging rebuke :

I did not f?ive the operation of the Freedmen's Bureau that attention I would h&ve done if more
time had been at my dispos-al. Conversatitms, howt-ver, on the subject with officers connected
with the Bureau, had nie to think that in Kome of the states its affairs have not been conducted
with good judgment or economy, and Ihat the belief widely t-pread among the freedmen of tlie
Sovthern States, that the lands of their foiTner onners will— at least in part— be divided among
them, has caine from the agents of this Jiureau. Thix belief is seriously interfering with the will-
ingness af the freedmen to make contracts for the coming year. In some /orm the Freedmen's
Bureau is an abs"lute nece^»fity until civil law is established and enforced, securing to the freedmen
their rig! its and full protection. At present, however, it is indepennent of the military establish-
ment of the country, and seems to be operated by the different agents of the Bureau according to.
their divided notions.

WHAT WAS PROVED AGAINST HOWARD IN 1870.

In 1870 the House of Representatives, compelled principally by exposures
made in the Cincinnati Gazette by its Washington correspondent. General H. V.
Boynton, of the illegal and corrupt administration of General O. O, Howard,
directed an investigation into the affairs of the Freedmen's Bureau to be made.
Of course, the result was a whitewashing report. Nevertheless, it was conclu-
sively proved that appropriations made for, and the receipt of the Freedmen's
Bureau, amounting to more than $900,000, were by General Howard, without
authority of law, turned over to Howard University, hospital and lands ; that por-
tions of the land, alleged to have been sold for the benefit of Howard University
went improperly to members of his family ; that he accepted in payment for
some of this land, bonds which he had issued in aid of the First Congregational
Church of Washington, and that he had never accounted for or redeemed these
bonds ; that even the buildings for the Howard University and hospital were
built of patent bricks made by a concern in which General Howard and members
of his family were interested ; that he had appropriated labor belonging to the
government, without compensation, to his private use; that he drew their
salaries in defiance of law; that he advanced a large sum of money in his hands
as a disbursing oflacer of the government to the Young Men's Christian Associa-
tion of Washington, of which he was president, taking worthless security there-
for, which disposition of the money of the government was embezzlement; that
he purposely suffered an officer of the Bureau to sell lands in Washington to a
freedmen's school in North Carolina, and he paid for the same out of money
appropriated for the school; that he was privy to the swindles of the Freedmen's
Bank, belonging to the Freedmen's Banking, and benefited by the use of the
money collected from the poor negroes of that concern.

In addition to his duties as Commissioner of the Freedmen's Bureau
he wjis, by Act of Congress, approved March 2, 1867, custodian of the
retained bounty fund belonging to colored soldiers, and by Act approved Marck

GABFIELD THE CHAMPION OF O. O. HOWARD. 149

"29, 1867, he was to collect and disburse all moneys due to colored soldiers in
Southern States, and " to be held responsible for the safe custody and faithful dis-
bursement of the same. " These acts were rushed through the House under the
operations of the previous question, demanded by Gen. Garfield. {Globe, iBt
Sept., 40/A C(ms., p. 445).

WHAT HAPPENED AFTER HOWARD WAS TURNED OUT.

By Act of June 10, 1872, the Bureau of Refugees, Freedmen and Abandoned
Lands was discontinued and ihe business therefor turned over to the Adjutant
General's Office of the Army. When the Adjutant-General's Office took posses-
sion of the discontinued Bureau they found everything in great confusion, many
of the important papers and record books being lost, and a deficit was also dis-
covered in the retained bounty fund accounts. It was found also that Gen. Geo.
"W. Balloch, Chief Disbursing Officer of the Bureau, claimed to have on deposit
-with the Treasurer of the United States $520,974.07, when in reality there were
only $341,356.61 on deposit. Upon this matter being investigated, it was found
that Balloch had in his own possession two hundred and fifty thousand dollars
on the United States bonds, on which he had been drawing interest, and he
claimed that the value of these was more than the deficit of $279,617.46 in his
account with the Treasurer. On this showing he was suspended and ordered to
be mustered out of the army. He claimed in his defense that he had the author-
ity of the second Comptroller and the Treasurer of the United States to convert
the money into bonds, but this was held to be no justification. Assistant Adju-
tant-General Vhicent, in his report of October 7, 1872, on the condition of the ac-
counts in the Freedmen's Bureau when he assumed control of it under the Act of
Congress, above quoted, says:

THE PROOF TURNS UP AT LAST.

The number of unpaid claims transferred is 4,858. amounting m the aggregate to $730,596.80*
the amount transferred for their payment, $726,842.11, eaving a deficit yet to be accounted for of
$3,754.(59. This deficit was promptly reported to the Secretary of War with whom rests future
action. The treasury certificates issued in settlement of the unpaid claims mentioned above are
shown by the records to have been received at the Freedmen's Bureau at various dates extending
back to May, 1867. In addition to the sum of $726,842.11, as stated above, there is the sum of
$31,078.03 transferred as being due to certain claimants borne upon the records as paid, and with
which amount the accounts of the late disbursing officer of the Bureau have probably been credited
at the treasury. Complaints have been made that claimants have not received from the late
Bureau their bounties, rations, or aid, &c. The treasury accounts of the Bureau disbursing officer
show payment to have been made, and there is reason to believe that claimants have been de-
frauded extensively of the said money.

Investigations into irregularities connected with the management of the retained
l)Ounty fund and the payment of moneys due to colored soldiers, sailors and ma-
rines were still further prosecuted by the Adjutant-General's Office. Irregularitie?
were discovered almost daily, and large sums of money found to have been paid
on fraudulent claims. These investigations by the Adjutant-Greneral's Office, to-
gether with developments which have been made from time to time, establish be-
yond controversy the fact that the Howard University was a swindling enterprise
from beginning to end. Although $993,611.38 of government morey was
illegally invested for the benefit of this institution, it is to-day almost bankrupt;
and is only maintained by the closest economy and a large reduction in its corps
of teachers. About $220,000 were originally invested in real estate attached to
the University, and of this there remains for that institution a very small quan-
tity, the balance having gone in various ways into the handfi of specdlators con-
nected directly.^r indirectly with the Freedmen's Bureau, of which Howard was
the head and front.

The facts developed in regard to the management of the retained bounty fund,
the moneys due to colored soldiers, sailors and marines by the Adjutant-General's

150 GARFIKLD THE CHAMPION OF O. O. HOWARD*

Office so directly implicated Howard with outrageous frauds, which had been
practiced upon the unfortunate negroes as well as upon the government, that the
President was forced, although mm)h against his inclination, to order a court of
inquiry to investigate the matter. The majority of this court, as constituted^
consisted of officers so connected with Howard in the past that it was not possible
for them to render an impartial finding. The result was what it was predicted it
would be at the time the Court was constituted, although a minority held Howard
to be guilty of embezzlement. The finding of the Court was reviewed by the
Judge-Advocate-General of the Army, Gen. Joe Holt, who held, in an able and
exhaustive opinion, that the majority had clearly erred; and farther said, that the
construction of the law and army regulations by the majonty of tlie Court was in di-
rect conflict with an unbroken lirhe of decisions.

Notwithstanding all these facts, which Gen. Garfield was cognizant of, he
offered the following amendment to the Sundry Civil Bill at the first session of
the Forty-third Congress :

That there be paid to Major-General O. O. Howard, out of any money in the treasury not
otherwise appropriated, the sum of $7,000. to reimburse him for the expense he incurred in de-
fending his official conduct as Commissioner of Freedmen's Affairs.

Mr. Spear, of Pennsylvania, wanted to know if Gen. Garfield knew of any,

other alleged criminal whose expenses were asked to be paid by the United

States. He replied that Howard had been put through a fiery ordeal and had

been acquitted, when he very well knew that only a court of inquiry had sat

upon his case and that its verdict had been the Scotch one — " Not proven." The

appropriation was not made,. although Gen. Garfield advocated and voted for it. —

{See Gong. Record AM Cong., Isi Sept., pp. 4887-88).

THU: BLACK FKIDAY SCANDAL. 15"

'^

THE BLACK FRIDAY SCANDAL.

HOW GENERAL GARFIELD SOUGHT TO SUPPRESS THE TRUTH,

On December 13, 1869, Mr. Schenck offered a resolution in the House of Rep^
xesentatives directing the Committee on Banking and Currency to investigate the
Black Friday scandal. It was adopted. Gen. Garfield was chairman of the com-
mittee charged with the inquiry. The intention was to whitewash President
Grant and his family. Gen. Garfield undertook the job. On March 1, 1870, her
submitted his report to the House. In it he says: :

The committee find that the wicked and cunninjifly devised attempts of the conspirators tei
compromise the President of the United States or his family utterly failed.

How utterly and wickedly false this statement was the following history of
that memorable scandal, compiled altogether from the evidence taken by Geo,
Garfield's committee, will demonstrate.

grant's first meeting with FISK and GOULD.

On the evening of the 15th of June, 1869, a gay party, composed of Ulysses S.
Grant, Jay Gould, and Jim Fisk, each accompanied by his retainers, left New
York for Boston on one of GquM's highly ornamented steamers. The ostensible
object of the trip was to attend Patrick Sarsfield Gilmore's Peace Jubilee, The
arrangement of the details had been intrusted to Fisk. At supper on the steam-
boat the conversation was deftly turned to the ' ' state of the country. " Gould,
in his sworn testimony before the Garfield Committee of the Forty-first Congress,
describes this supper and says of the conversation : " The President was a listener.
The other gentlemen were discussiDg. Some were in favor of Bout well's selling,
gold, and some were opposed to it. After they had all interchanged their views,
some one asked the President what his views were. He remarked that bethought
there was a certain amount of fictitiousness about the prosperity of the country,
and that the bubble might as well be tapped in one way as another. That was
the substance of his remark. He asked me what I thought about it. I remarked
that I thought if that policy was carried out it would produce great distress and
almost lead to civil war; it would produce strikes among the workmen, and the
workshops to a great extent would have to be closed ; the manufactories would
have to stop. I took the ground that the Government ought to let gold alone and
let it find its commercial level ; that, as a matter of fact, it ought to facilitate an
upward movement of gold in the fall. The fall and winter is the only time that
we have any interest in. That was all that occurred at that time. "

The key to Gould's conversation is found in the fact that those who accom-
panied him were his stool pigeons. The talk was arranged beforehand for the
purpose of ascertaining Grant's opinions, and approaching him at points where
he appeared most vulnerable. He was in the hands of trained gamblers, and they,
in the parlance of their trade, were "playing him for a flat." A deadhead jour;-

,^^2 THE BLACK FRIDAY SCANDAL.

ney to Boston, a free supper, and an abundance of cliampagne constituted the
vulgar bait thrown out to catch the Chief Magistrate of the American people.
And he was caught.

GOULD AND GKANT'S BROTHER-IN-LAW SELECT AN ASSISTANT TREASURER.

' In June, 1869, about the time of the Boston Peace Jubilee, Mr. H. H. Van
; Dyck resigned his office as Assistant Treasurer at New York. Jay Gould under-
took to name his successor, with a view to controlling the treasury when the
time should come to *' corner " the gold market. He had already formed an alli-
ance with Abel R. Corbin, the brother in-law of Grant. Corbin was a ready
writer and a man of some ability. He had been unsuccessful in business, and was
willing to trade on his influence at the White House. Years before he had served
an apprenticeship in the lobby at Washington. He could talk politics and finance
with great fluency, and Grant frequently sought his counsel. The fact that he
was not strictly honest never interfered with the cordiality of their relations.

Robert B. Catherwood, an eminently respectable man, who had married Cor-
]jin's step-daughter, was suggested for Assistant Treasurer. Gould and Corbin
talked with him on the subject, and urged him to take the place that the three
might operate together and make a great deal of money " in a perfectly legitimate
jnanner." Mr. Catherwood, in his testimony, says that his ideas differed from
theirs as to what constituted a "legitimate manner," and he declined the office.
It was then decided to confer it upon Gen. Daniel Butterfield, who, when this
design was made known to him, wrote a letter thanking Mr. Corbin very kindly,
. hoping that he would exercise his influence, as he had previously done, and say-
ing that he was under many obligations to him, and that he trusted he would be
I successful. The work in which Corbin expected to be successful was in corner-
I ing gold through the aid of the Assistant Treasurer. In due time Gen. Butter-
I field was commissioned, and Corbin's standing was measurably increased in the
I eyes of Gould and Fisk. Mr. Corbin had first appeared to Gould as a suppliant
for favors. On the strength of his relationship to Grant he wanted to be taken
juto some enterprise where he could make money. It was then that Gould sug-
gested the feasibility of advancin the price of gold, which was then among the
thirties, to the forties or fifties, provided the Government could be induced to as-
sist them. His theory was that a rise would facilitate the exportation of grain,
but he hastened to add: "We could make money both ways by buying it then
and selling it on the rise." Gould adds this compliment in speaking of Corbin :
"" He was a very shrewd old gentleman. He saw at a glance the whole case, and
said he thought it was the true platform to stand on; that whatever the govern-
ment could do legitimately and fairly to facilitate the exportation of breadstufCs
and produce good prices for the products of the West they ought to do. He was
anxious that I should see the President, and communicate to him my views on
the subject." It was because of this preconcerted anxiety that the deadhead ex-
cursion of the 15th of June was arranged. Of course Corbin was among the
invited guests, and the subsequent proceedings seem to show that he improved
the opportunity to impress his brother in-law favorable with his friends Gould
and Fisk.

FREQUENT INTERVIEWS BETWEEN GRANT AND GOULD.

When Grant returned from Boston he went directly to Corbin's house, where
he held a protracted interview with Jay Gould, during which, according to te3ti-
mony. Grant said to Corbin; "Bout well gave an order to sell gold, and I heard
of it and countermanded the order." This was the first positive declaration the

THE BLACK FRIDAY SCANDAL. 153

■conspirators had received that they had won the President over to their side, or
that they conld count on his co-operation. Gould was so pleased that he im-
mediately tendered to Grant the free use of a special train to take him to Corry,
Pennsylvania, and thence to Philadelphia. Tliis offer was greedily accepted.

On the 19th of August, Grant went to Newport, where Jim Fisk went to see
him. Fisk, in his testimony, said: "I think it was some time in August that
•General Grant started to go to Newport. I then went down to see him. I had
seen him before, but not feeling as thoroughly acquainted as I desired for this
purpose, I took a letter of introduction from Mr. Gould, in which it was writ-
ten that there were three hundred sail of vessels then on the Mediterranean,
from the Black Sea, with grain to supply the Liverpool market. Gold was then
about thirthy four. If it continned at that price, we had very little chance of
carrying forward the crop during the fall. I know that we felt nervous about it.
I talked with General Grant on the subject, and endeavored, as far as I could, to
convince him that his policy was one that would only bring destruction on us all.
He then asked me when we should have an interview, and we agreed upon the
time. He said: ' During that time I will see Mr. Boutwell, or have him there.' "

It is interesting to know that the lamented Fisk, with steamboats, railroads,
ferpsichorean divinities, and other affairs to manage, still found time to give the
President of the United States lessons in finance; and that backed by Gould's
letter of introduction, he succeeded in his mission and induced the President to
adopt a fallacy so absurd that its bare statement condemns it — the fallacy that an
unnatural premium on gold is essential to the maintenance of our foreign com-
merce.

During the weeks preceeding Black Friday, Grant was very frequently in New-
York, and usually in the company of Corbin. His intimacy with Fisk and
Gould began to attract attention, but he paid small heed to the criticisms passed
upon him on that account On the 2d of September he went to Saratoga, leaving
poor Rawlins, his Secretary of War, who had been his mentor and guide through
all his military career, to die unattended in Washington. He was recalled on
the 6th to attend Rawlin's funeral, but on the lt)th he again appeared in New
York. Gen. Rawlins left no property, and a fund was raised for the benefit of
his family. Gen. Grant subscribed $1,000 to this fund. Gould and Fisk not
only gave a larger amount, but they paid Grant's subscription for him. He ac-
cepted their gift with unblushing promptitude.

The plotters were resolved to make hay while the sun of oflEicial favor shone
upon them. On the 2d of September, Jay Gould, having thoroughly convinced
himself that he could rely on the brothers-in-law Corbin and Grant, bought for
Corbm $1,500,000 in gold, at an average price of 132)^. Gould was afraid, how-
ever that Boutwell might interfere. He says that some of those who were short
of gold had arranged to give the Secretary a dinner, and he was solicitious as to
what the effect might be. He sought out Corbin again, who assured him that
the President was all right; that at his (Corbin's) house Gen. Grant had written
a letter directing Boutwell to sell no*gold, without consulting him, and that he
had intrusted this letter to Butterfield, who afterward told Gould that he had de-
livered it. Nothing now remained but to put the President safely out of the way
in some remote corner where the rising storm of public indignation would not
reach him nor compel him to recognize and perform his duty.

GRANT HID HIMSELF IN AN OBSCURE VILLAGE.

The little town of Washington, Pennsylvania, was accessible by rail in 1869
only by way of Wheeling, West Virginia. It was cut off entirely from tele

164 THE BLACK FlilDAY SCANDAL.

graphic communication, and it was, perhaps, the best place in the United States-
in which to seclude a man whose absence was essential to the success of a finan
cial conspiracy. To that point on the 13th of September the President made his
way. He explained that he wanted to visit a family of the name of Smith, a dis-
tant relative, whom he had not seen for thirty years.

The country was on the verge of financial disaster. Merchants, importers, all
who bought and sold, began to feel that they were at the mercy of a clique of
sharpers and gamblers who were bent on driving the gold premium up among
the eighties or nineties, that they might clear thirty millions at the expense of
every legitimate interest of trade. They knew tiiat this premium was fictitious
and speculative ; that under an honest and intelligent management of the Treasury
it could not exist. But what were the relations between the government and
the sharpers? That was the question which sorely disturbed the minds of honest
men. Gould was deep and taciturn, but Fisk was shallow and talkative. In
warning his friends, in threatening his enemies, he blurted out the secrets of the
combination. He swore he would carry gold up to 200, and when he was told
that the government could block his game by selling gold, he answered: "The
President is with us." This revelation threw a new light on the intimacy be-
tween Grant and these, gamblers. Men of high standing hastened to the capital
to tell the President what dangerous persons his new friends were, and to point
out to him the necessity of immediate action. When they got there they were
gravely told that Grant was gone. Gone where? To an unheard-of town, out of
the line of communication, but he had left orders to sell no gold. They came
away disheartened.

THE CONSPIRATORS WERE JUBILANT — $25,000 TO MRS. GRANT.

Fisk testified that about the 16th of September he bought gold to the amount
of seven or eight millions. Gould made much heavier purchases. The price was
forced above 140, and the syndicate controlled from fifty to sixty millions of it.

On the 20lh of September Gould said to Fisk (this is sworn testimony) : * ' This
matter is all fixed up; Butterfield is all right. Corbin has got Butterfield all
right, and Corbin has got Grant fixed all right; and in my opinion they are inter-
ested together." Fisk says that was a point he did not take into consideration.
He supposed Corbin had convinced Grant by argument that forty-five was the
proper gold premium at which to move the crops. He did not believe up to that
time that Grant, or anybody nearer to him than his brother-in-law, had a stake in
the scheme. When Gould suggested it, he was startled, and resolved immediately,
to see Corbin. He said to Gould: " You give me a letter to him, so that he will
talk confidentially with me." He got the letter, and he gave under oath, before
the Committee on Banking and Currency, this account of what followed:
" When I met him he talked very shy about the matter at first, but finally came
right out and told me that Mrs. Grant had an interest ; that $500,000 in gold had
been taken by Mr. Goiild at 81 and 32, which had been sold at 37 ; that Mr. Cor-
bin held for himself about two millions of gold, $500,000 of which was for Mrs.
Grant and $500,000 for Porter. I did not ask whether he was General or not. 1
remember the name Porter. This was given out very slowly. He let out just as
fast as I did when he found that Gould had told me about the same thing. I
said: * Now I have had nothing to do with your transactions in one way or the
other. You can make your pathway clear and straight by emptying it all out to
me, because Mr. Gould and myself stand together; we have no secrets from each
other; we have embarked in a scheme that looks like one of large magnitude.

THE BLACK FRIDAY SCANDAL. 15 5

Mr. Gould has lost as the tiling stands now. It looks as if it might be pretty-
serious business before getting out straight again. The whole success depends-
on whether the government will unload on to us or not. ' He said : ' You need
not have the least fear. ' I said : ' 1 want to know whether what Mr. Gould told;
me is true; I want to know whether you have sent this $25,000 to Washington as
he states.' He then told me that he had sent it; that Mr, Gould htid sold*
$500,000 in gold belonging to Mrs. Grant which cost 32 for 37 or something in that
neighborhood, leaving a balance in her favor of about $27,000, and that aclieck for
$25,000 had been sent. Said I: ■ Mr. Corbin, what can you show me that goes'
still further than your talk?' ' Oh, well,' the old man said, ' I can't show you
anything; but,' said he, 'this is all right.' He talked freely, and repeated: 'I
tell you it is all right.' When I went away from there, I had made up my mind
that Corbin had told me the truth. " >

GARFIELD TllIES TO MAKE $250 OUT OF $25,000.

Before the Banking and Currency Committee, there appeared a witnesss, W.
Havgrave White, who was ready to swear that he had examined the money de-
livery book of Adams Express Company, and that he had seen the entry of a.
package sent from New York, some time in September, 1869, to Mrs. U. S. Grant.
White House, valued at $25,000. The majority of the committee, under Gar-
field's lead, refused to receive this testimony. The manager of the express com-,
pany, Samuel M. Shoemaker, privately told Mr. Garfield that no such entry ap-
peared, and he was called to the witness stand to substantiate this statement. He
produced his money package book, assuring the committee at the same time that
it contained no delivery to Mrs. Grant. Mr. Samuel S, Cox of the minority of
the committee, asked to examine the book. It was handed to him, and running
his eye down the page, he read aloud this entr}'^: " September, 1869, Mrs. U. S.
Grant, White House, money package, value $25,000." Garfield jumped to hi^
feet in unfeigned astonishment, while Shoemaker appeared to be overwhelmed
with surprise. He studied the book for several minutes, and finally sa,id : " After
careful examination I am satisfied that it is $250." He explained that by inserting
before the last two ciphers a period, which had been accidentally opaitted, it;
would read $250 and no cents. On this imaginary period Garfield bases the dec-
laration in his report " that the wicked and cunningly devised attempt of thecou-
spirators to compromise the President of the United States or his family failed."*

GRANT FJllGHTENED BY FISK.

Jim Fisk was too impetuous. He wanted not only the " old man's" assurance-
that '* it was all right " with the Grants, but he insisted that Corbin should write-
a letter to the President urging him to stand firm and not to sell gold on govern-
ment account under any circumstances. Poor Corbin was already in the job up-
to his ears, and he readily wrote the letter. Fisk caused it to be delivered by a.
special messenger, who left Pittsburgh at 1 o'clock in the morning and rode
twenty-eight miles on horseback to Washington, Pa. He arrived at the house of
Grant's distant relative about 9 o'clock in the morning and delivered the letter.
The President read it carefully, and after holding a consultation with his wife in
regard to its contents, he said to the messenger: "It is satisfactory; there is no-
answer. " But from that moment he took the alarm. The rumble and roar of the
great financial storm had actually penetrated his remote hiding place. Another
messenger came to him direct from the capital telling him he must^return; that
imperative business demanded his attention; that another 'day's absence might de^
stroy his fame. Then it was, according to Corbin's testimony, that Mrs. Grant

166 THE BLACK FRIDAY SCANDAL,

TV rote to Mrs. Corbin saying that the President was greatly distressed to learn that
her husband was speculating in Wall street, and expressing the hope that he
would immediately disconnect liimself from anything of that sort. This letter
4ippears to have frightened Corbin, but his fear did not get the better of his
shrewdness. He sent for Jay Gould, and told him that he (Corbin) must go out
•of the matter; that it had created a great deal of feeling in his own family as
well as on the part of the President, and that it must end immediately. But he
wanted $100,000 as his share of the profits in a partnership where he had in-
vested his brother-in-law's against Gould's money. Gould says, under oath : " I told
him I would give him $100,000 on account, and that, when I sold, if he liked, I
would give him the average of my sales. I did not feel like buying any gold of
hirii then. "

Corbin's fright, the return of the President to Washington, the growing excite-
ment in financial and business circles, warned the speculators that they were ap-
proaching the end of their rope. On Thursday, the 23d of September, they knew
Ihat Wall street could not bear the pressure more than one day longer. On
Thursday night Gould, as usual, was saturnine and Fisk mercurial.

THAT AWFUL DAY.

Black Friday came. The business of the metropolis stood still at the audacious
'Command of a clique of sharpers. Every artery of trade, every nerve of enter-
prise, felt a shock as of paralysis. Merchants rose from sleepless beds to make
their way to Wall street, hoping against hope that they might find some way to
purchase the gold required to meet their contracts. Bankers who had faith in
the honesty of the administration, and who had invested heavily, in the belief
that the fictitious price could not last, grew wild with excitement when they
found what preparations were making to corner the market. On the previous
-day gold had risen to 144. If it remained there or went higher thousands would
be irretrievably ruined — not speculators alone, but honest business men with
whose honor and credit these jugglers of the street were playing their game.

Gould and Fisk were early on the ground. They operated through a number of
brokers, directing that all gold which was offered should be purchased till the
'•corner" was complete. Gould himself kept out of sight. He was known to
be in his office, but he was careful that his orders should be issued through some
third pairty. He was playing with loaded dice. If he won, he intended to
pocket the profits. If he lost, he could repudiate his contracts.

All through the forenoon the excitement increased in intensity, hundreds of
telegrams were sent to Washington, appealing to the President to sell gold on
government account, and thus break this conspiracy against the public welfare.
These appeals were accompanied by plain hints that delay would be accepted as
proof that Grant was in league with the gamblers.

At noon the order came to sell $4,000,000 in gold for the government. The
order was communicated to the Assistant Treasurer by telegraph, and was
immediately made known to Jay Gould and Jim Fisk, who, being thus fore-
warned, set to work to save themselves from the wreck in which they had
involved the street. Among the brokers operating on their account was Albert
Speyer, who hal formerly been a brewer and had accumulated a handsome for-
tune. Throughout the forenoon he bought largely, bidding as high as 60 and 65
for gold. Wlien the news reached the Gold Room that the government was
selling, the premium immediately declined to 35, But Speyer kept on buying at
60, obeying implicitly the orders he had received from the chief conspirators.

THE BLACK FRIDAY SCANDAL. 15T

•When be was loaded down with more millions than he could count, he rushed"
wildly to Gould's office to report progress. He was received with the cool
remark, " We don't want any o£ your damned gold." Poor Albert Spey^r stag-
gered out of the place, and before the close of the day was insane.

When night fell on Black Friday, New York ftlt that all the conditions of her
commercial prosperity had been rudely assailed. The nominal transactions in
gold for that one day aggregated $500,000,000. Fifty houses failed outright, and
more than three times that number were rendered insolvent by their losses. Th&
Gold Exchange did not open its doors again for business till the 30lh of Septem-
ber. The demoralizing effect of the conspiracy spread far and wide.

158 GARFIELD THE FRIEND OF ROBESON.

GARFIELD THE FRIEND OF ROBESON.

THE CORRUPTOR OF THE PUBLIC SERVICE AND DESTROYER OF OUR NAVY.

Gen. Garfield has never failed as a member of Congress to detend rogues in
liigh places. He has always been a sturdy opponent of investigations to unmask
fraud and punish wrong-doers. Fellow-feeling makes us wondrous kind. He
has experienced the evil effects of such inquiries, and very naturally opposed them
upon every occasion and under all circumstances.

He is the friend of George M. Robeson, late Secretary ot the Navy, whose ad-
ministration of that department was the most corrupt, the most profligate and
the most destructive, not only of our navy, but of the morals of our naval corps,
that ever afflicted this or any other country. As Chairman of the Committee of
Appropriations, Gen. Garfield was in a position to have curbed Robeson's reck-
less extravagance and check his destructivcncss. All the estimates for the navy
came to his committee. He passed upon all of them. Did he ever cut them
down or propose any restrictive legislation ? Never!

GENERAL GARFIELD CANNOT PLEAD IGNORANCE.

He and his defenders cannot plead ignorance-of Robeson's misdemeanors, of
his shameless profligacy, of his wanton destruction of the American navy, of his
open favoritism in purchasing materials and awarding contracts, of his illegal
payment of trumped-up claims, and the consequent general demoralization of the
service. The exposure of Robeson's corruption began in 1872. A republican
representative, a gentleman of the highest character, Governor Blain, of Michigan,
moved an investigation into some of Robeson's methods at the second session of
the Forty second Congress, which resulted in the most startling exposures.
Two facts, brought to light by the inquiry, is suflicient to illustrate the character of
Robeson's administration of the Navy Department, and establish the truth of
our statement.

THE PAYMENT OP THE SECOR CLAIMS.

During the civil war Secor & Co. and Ferine, Secor & Co. contracted with the
Navy Department for the building of certain monitors for the sum of $400,000
each. These vessels were built, accepted by the government, and did good ser-
v^ice. In consequence of a necessary change in the specifications of these vessels,
determined upon by the Navy Department, after the contracts were made and
■work commenced, a large amount of extra w ork had to be done by the contract-
ors. They did it, and after the vessels were finished and accepted by the depart-
ment, they presented a large claim for additional compensation. They did not,
however, confine their claim to the extra work rendered necessary by changes in
the specific ;tions. They demanded a very large sum for losses, in consequence of ^
the rise in the cost of material and labor. They alleged that the changes ordered
i)y the department caused delay, and that during the time lost thereby the ad-

GARFIELD THE FRIEND OF ROBESON. 159

:vance occurred. The Secretary of the Navy, Hon. Gideon Wells, recognized the
justice in principle of these claims and pursued the only course recognized by the
Jaw. He appointed a board of competent naval officers, at the head of which was
the late Admiral Gregory, and to this board all these claims were referred. There
were many others besides those of Secor & Co. and Ferine, Secor & Co. This
board examined, item by item, every charge made by the contractors for extra
work, and upon their certification of the bills to the secretary they were promptly
paid. There were paid in this way to Secor & Co. and Ferine, Secor & Co., over
and above the contract price of their work, the sum of $521,195.58. This was
every cent allowed by Admiral Gregory's board. The contractors, of course, were
not satisfied. Who ever heard of one who was willing to acknowledge that the
government had dealt fairly and justly by him ? But Secretary Wells had done
all that the law in his judgment permitted him to do. He treated the matter, so
far as his department was concerned, as res ajudicata. The contractors must
appeal to Congress. His duty was performed. If they had equities, Congress
was the only body that had jurisdiction.

CONGRESS, IN 1868, PAID EVERY DOLLAR DUE THE SECORS.

Some time prior to March, 18G5, the Secors and some forty other naval con-
tractors appealed to Congress for relief, alleging that they had suffered great loss
in the performance of their contrac's over and above the contract price and
allowance for extra work. They organized one of the strongest lobbies ever
known about the Capitol. It was known as the " Iron Clad Lobby," and its
doings are to this day the subject of gossip by thie ancient habitues of the national
-capital. The result of this application to Congress was a request by the Senate,
March 9, 1865, to the Secretary of the Navy, to organize a board to inquire into,
determine and report how much the vessels of war and steam machinery con-
tracted for by the department in 1862-3, had cost the contractors " over and above
the contract price and allowance for extra work." Only those contractors who
had given satisfaction to the department were to have consideration. This was
the foundation of all subsequent legislation on the subject. The object was to
establish a principal upon which the contractors could be fairly and equitably
settled with by the government. « Secretary Wells appointed the board, and made
Commodore W. O. Selfridge president of it. The report of this board was
sent to the Senate January 30, 1866. It contained a recommendation in
favor of the Secors for $119,057 upon each of the three vessels— the Tecumseh,
Mahopac, and the Manhattan. Nobody was satisfied with this report, and accord-
ingly an act was passed by Congress directing the Secretary of the Navy to
constitute a new board to ascertain the additional cost which had been necessar-
ily incurred by^ reason of the channes and alterations in the plans and specifications
and the delays caused thereby, which were not provided for in the original con-
tract, the amount of all payments on account thereof 1o be deducted. A more
comprehensive provision could not have been devised. Surely the contractors
ought to have been satisfied with this enactment.

The secretary appointed a new board, of which Commodore J. H. Marchand
w^as president. This board reported to the secretary November 26,1867, who
forwarded the same to Congress. The Secors were allowed by it $115,539.01 on
account of ihc Tecumseh, Mahopac and Manhattan. Thereupon Congress deter
rained to close, once and for all time, this matter, and by act df July 13, 1868,
appropriated $115,539.01 to be paid S cor <fe Co. and Ferine, Secor & Co., '* in

' FULL DISCHARGE OP ALL CLAIMS AGAIxNST THE UNITED STATES O:^ ACCOUNT
OF VESSELS UPON WHICH THE BoARD MADE ALLOWANCE AS PER REPORT."

160 GARFIELD THE FRIEND OF ROBESON.

The Secors applied to the Treasury Department for this sum of $115,539.01, re-
ceived it and gave a receipt that it was " in full discharge of all claims against the
United States on account of the vessels Tecumseh, Mahopac and Manhattan, upon
which the hoard made allowance, as per report.

ROBBER ROBESON VIOLATES THE LAW.

Could anything be more explicit and conclusive. They had merely an equita-
ble claim. Congress, the only body having j'lrisdiction, acted upon their case,
settled it, and required them, in accepting its allowance, to move hereafter all other
claims which they might think had not been justly dealt with. Congress possibly
might, in the plenitude of its power, not hold itself bound to regard this adjudica-
tion final; but would anybody suppose that a Secretary of the Navy, two removes
from Secretary Wells, would feel himself justified in revising the work of Congress?
Secretary Wells has regarded the whole subject of these cAfdm^resadjudicata long
before he went out of office, and had referred the claimants to Congress. It is the
unwritten law of the executive departments that a succeeding head shall not re-
vise the decisions of his predecessor. Even this should have been sufficient to
deter an honest Secretary of the Navy. But in this case not only had his prede-
cessor passed upon the matter, but Congress itself had adjudicated it, and, as it in-
tended, placed a bar against any further claim by the Secors. What did George
M. Robeson do? He appointed another board, without any authority of law
whatever, refened to it the identical claims which the Secors had submitted to
the Merchant Board and which they had received, " in full discharge of " $115,-
539.01! Moreover, Mr. Robeson selected the Secors out of all the other contrac-
tors, forty odd, who had been treated in the same way by Congress. Neverthe-
less, he did it. He appointed a board, of which Commodore Bogy was president,
and on August 7. 1869, it convened in Washington, examined the claims of the
Secors for the construction of the Tecumseh, Mahopac and Manhattan, and on
August 20, 1869, reported, allowing $93,000. This report was based solely upon
a comparison of bills paid to one Greenwood for building another monitor. This
award was forthwith paid by Robeson out of the appropriation for the current
year for the support of the navy, in itself an illegal act, and against the remon-
strance of Admiral Porter and the declaration by Chief Constructor Senthal that
it was illegal.

ANOTHER WORTHLESS CLAIM PAID.

This claim of the Secors was managed and manipulated by one Simeon M.
Johnson, a claim agent, who, fortunately for himself and unfortunately for the
people of the United States, easily formed the closest relations with Robeson.
Johnson's next operation with Robeson was to put through the Hungerford
claim. Whipple & Stickney, as the attorneys of one Fayette Hungerford, a citi-
zen of New York, had for collection a claim of $230,000 against the government.
This amount was alleged to be due for losses sustained by Street & Hungerford,
of Memphis, Tenn., by reason of their property having been taken by the United
States army upon its occupation of that city. A portion of this property came
into the possession of the naval forces and was taken to the naval station at
Mound City, 111. Street was identified with the Confederacy, while Hungerford
was loyal. The claim was assigned to Hungerford, probably because of Street's
indebtedness to him. Capt. Paterson, of the navy, certified that this property
received at Mound City was wortli about $75,000. Johnson undertook the man-
agement of the case in February, 1871; on the 15th of the month he writes to
Whipple & Stickney.

GAEFIELD THE FRIEXD OP EOBESON. 161

AN INTERESTING COIIIIESPONDENCE.
1 have presented Fayette ITungerford's papers to the secretary, * ♦ * ]jjjj|.

there cannot be an adjustment till after the 4th of March.

These letters ©f Johnson, the intimate and confidential friend of Robeson, to
Whipple & Stickncy, arc very interesting, and" we quote liberally therefrom :

May 3, 1871, he writcp: I had j-estorday and to-day discussing the case of Hnncerford at the
Navy Department— that is, the question of Iho sufficiency of proofs. I found ic worse than l)ad
policy to press it during the session, and agreed to lay it over. * * * j a,n quite

satisfied Avith the matter, except that it is not clear that there is any money to pay it. I think there
is, and shall endeavor to find it, in case I get an order."

By June 8, 1871, Johnson was so far progressed that he thought it time to re-
ceive his and his friends share. He wrote, among many other things, the following:
" I have encountered a good deal of trouble in yonr case; some of it, I fear, insnrmonntable.
* * * I have mado no proposition of compromise whatever, nor would 1 do so with-

out your advice and consent. I wish to consult your principal, and if he is willing to take $40,000 I
will go to work on new propositions of adjustment. Meanwhile, be assured thatl will at any time
surrender the papers without compensation to myself. # * * They are always

difficult (old matters), and in nine cases out often it is impossible to work them out. I do not want
to influence your client in the least, but * * * i would think him luckv to get

$40,000.

June 9, 1871. * * * a compromise needs a power of attorney; and to enable

me to speak by authority I mnst have such power, which must be full; that is, to demand and re-
ceive of the Navy Department the amount that shall be found due on the claim, giving mc abso-
lute power to adjust the same at my discretion. * * * The matter has to be
worked up a little at a time.

June 17, 1871. * * * Now. what I want is a full power of attorney in my own

name. * * * I am certain that the terms I make are decidedly best for your cli-

ent. If yon and he think not, then 1 will surrender the papers.

June 2:2, 1871. * * * 'i^^q elai,Ti is very old. * * * jjy

the original agreement I was to have ,$15,000 of $75,000; but the wording of yonr memorandum is
15 per cent. I would like a prompt answer, as I have but little time to work up the matter. So
far from wishing you to confirm these terms I would prefer to surrender|the papers, for really I do
r.ot like the case. But having gone so far. if you feel yourself authorized to say to me that I maj-
collecc the claim and pay you ^40,000, 1 will proceed.

*' I MUST CHANGE MY TACTICS" — WHAT IT COST.
Jttlt 1, 1871. I may now add that I have been pressing the Hungerford claim, and expect to
^ct the necessary reports within a few days. It is just one of those old things which is valueless
if not nursed and worked up with great care I have undertaken it so as to secure $40,000 to lliin-
gerford and leave myself out of it, beyond my expenditures, nominally $10,000, but really n^ t
more than eight. The truth is, in ordinary hands the claim is good for nothing except to present to
Congress, which really makes it valueless. I am confident shall work it off within a short time;
and, in doing so, shall do vour client a very great favor. Ithink J have gotten rid of the difficulty
in the way of payment under the act of July, 1870, requiring unexpended balances fo be covered
into the Treasury. * * * i would recommend you to get from Hungerford an

usseat to receive a specific sum of money, on the basis of my payment to you when the claim 13
allowed, of $40,000. * * * All I can pay is $40,000 to you, no matter what is al-

li>vved, and thatyoti should distinctly sav to Hungerford. My arrangement, verbally made, was $15,-
000 for xny fee, and I then said it was hardly likely that more than $60,0(X> would be paid. I found
that, to (set any sort ofJidcl, I must change iwj tactics; and to do so I would be required to incur a
lar^e expenditure. * # * i have written you in all candor and to avoid

all dispute. It is a question if $(>0,000 is allowed, or whatever sum, whether your
,-o.7cr IS sufficient to accept $40,000 and close the concern. Your authority through
Mr. Whipple to me, Is absolute, that you will accept $40,000 ; and your power to comproin-
'se is complete, but it must be a compromise with the government, not with me. You instruct me to
settle on i)ayment of $40,000 to j-ou. That, of course, is sufficient for me; but I don't want to close
out this thing and leave anybody to quarrel about. All old claims are suspicious; and any payment,
if proclaimed, would be condemned. You understand me.

THE WORTHLESS CLAIM PAID— A $35,000 FEE.
July 6, 1871. When I want Hungerford, will telegraph you; don't want any more papers, I think.
July 13, 1871. Send your receipt to me for $40,000 in full, and draft attached to Iliggs & Co.,
and possibly to-morrow, almost certainly, draft w ill be paid.

On July 14, 1871, Johnson received $75,000 for the Hungerford claim, as per
the following voucher on file in the Fourth Auditor's office:

The United States Navy Department to S. M. Johnson, attomoy for Faj'-ette Hungerford, Dr.,
for property and materials furnished the naval station at Mound City, prior to June 30, 1870, sev-
enty-five thousand dollars. Total, $75,000. Approved in duplicate for $7.5,000, payable by Pay-
master Edwin Stewart, at Washington, from the appropriation of contingent yards and docks,
1860-'70.

GEORGE M. ROBESON,

ISecretary of the Navy.
Navy Department, July 12, 1871. , , , ,

Rec'd Washington, D. C, July 14, 1871, of Paymaster Edwin Stewart, seventy-five thousand dol-
lars, in full, for the above. ,,^^„^xt

S. M. JOHNSON,
$75,000. Attorney fw Fayette Hungerford.

11

162 GARFIELD THE FRIEND OF ROBESOX.

This claim was of doubtful nature. In the lan^^uage of Johnson, it " was good
for nothing except to present to Congress, wldcli really makes it 'Dolueless.'" It never
would have been paid if it had been presented to Congress, because, as Johnson
said, "all old claims are suspicious, and any payment, if proclaimed, would he con-
demned.'' And yet Hobeson not only paid it, but designated an appropriation, out
of which it should be paid, that Congress had made for an entirely different pur-
pose. The manner in which it was done, the language of Johnson: " 1 found
that to get any sort of a Iwld, I must change my tactics, and to do so 1 would he
required to incur a large expenditure;" the payment of only $40,000 to the claim-
ant and the division of $35,000 — just how nobody ever found out — all these
circumstances speak as plainly as words could.

STILL ANOTHER ONE PAID.

Another utterly worthless claim which had been rejected by Secretary Welles —
that for the Steamer Governor, amounting to $52,000, less than half of which
reaches the claimants — was paid by llobeson in a like illegal and suspicious
manner. Here, again, Johnson was the attorney, aided by one S. P. Brown, a
defaulting navy agent who had set up under Robeson's protection as a naval
contractor and general broker for Navy Department business.

These frauds were not the only things charged against the administration of
the Navy Department during the first term of llobeson. His connection with the
Cattells was made notorious by the Blair investigation. The press was ringing
with charges against the manifest jobbing practised in the navy department. Mr.
Beck of Kentucky and other Democratic members of Congress, whose long service
on the Committe of Appropriations had made them familiar with the manner in
which Bobeson was squandering the people's money, in season and out of season,
urged a reduction ot appropriations and the setting up of additional safeguards,
but Gen. Garfield, in charge of the appropriation bills, as chairman of the com-
mittee, defended Robeson and strenuously resisted every effort to call him to
account or to restrict his power in the future. Mr. Beck, on one occasion, in-
stanced the payment out of the appropriation for current expenses of the navy, of
the Sec'or claim, in defiance of the act of July 13, 1868, and insisted that such
things should be made impossible in the future, but his proposed restrictive
legislation was resisted by Gen. Garfield.

THE VAST SUMS ROBESON SQUA^"DERED.

It was a well-known fact, often iterated and reiterated and never denied, that

in addition to the large annual appropriations for the navy, Robeson was in the

receipt of large sums of money from sales of ships, including stores and other

public property. But the annual appropriations were large enough to attract

attention.

For the fiscal year ending Jnne 30, 1870 $22,206,59L64

For the fiscal year endinEr Jnne 30, 1871 19,867.529.36

For the fiscal year ending June 30, 1872 21,729,924.53

For the fiscal year ending June 30, 1873 23,730,815.89

For tlic fiscal year ending June 30, 1874 30,859,347.46

For the fiscal year ending June 30, 1875 21,400,055.43

For the fiscal year ending June 30, 1876 18,919,935.36

$148,714,199.67

This enormous sum of $148,714,199.07 was appropriated for the navy during
the first seven years of Robeson's administration, while Gen. Garfield was Chair-
man of tiie Committee of Appropriations. And this in addition, be it remem-
bered to the amounts realized by sale, barter and exchange of ships, engines,
boilers, machinery and other public property, the original value of which was

GARFIELD THE FRIEND OF ROBESOX. 163

fully 1100,000,000. And, notwithstanding all this money disbursed, it was a fact
notorious to the whole world, the shame of the country and the reproach of all
naval officers at liomc and abroad, that the American navy was year by year
growing more and more worthless. We were not able to cope on the seas with
even fourth and fifth-rate powers.

DID NOT GEN. GARFIELD KNOW THESE FACTS?

He was in a position of all other public men to know them ! He was bound to
know them! As the Chairman of the Committee of Appropriations it was his
duty to know them! Kot only was the records of the navy and every other
department of the government open to him, but he could summon before his com-
mittee every employee of the navy department from its chief to the dooi-keepers,
and require an explanation of every item of the estimates and an account of the
disbursement of every dollar previously appropriated. More than this; all the
officers of the navy on duty at Washington or coming thither during the session
of Congress were within his reach. Many of them were necessarily before his
committee. Some of them, it is true, were demoralized by the degeneracy
naturally following in the train of Robeson's mal administration, but there were
officers who were still proud of their high calling and ready on all proper ccca-
sions to speak sadly and almost in tears of the constant and rapid destruction of
the navy and the degradation of tbe service. No! Gen. Garfield cannot, dare
not plead ignorance.

WHAT THE DEMOCRATIC HOUSE DID.

Wken the Democratic majority of the House of Representatives assumed con-
trol, December, 1876, one of its first acts was to direct an investigation of the
Navy Department to find out something. The Committee on Naval Affairs was
charged with the duty. The Committee of Appropriations, under the efficient,
honest and vigilant chairmanship of Samuel J. Randall, was, in the meantime,
not idle. The appropriation for the navy for the fiscal year ending June 30.
1877, was $14,059,935.36 — ^6,284,950.16 below the average of the annual appro-
priations during the seven preceding fiscal years. It is true that Robeson, in
defiance of law, and it is believed corruptly, within the last month of his admin-
istration, incurred liab'litics and made disbursements largely from the piy fund
of the navy, which created a deficiency for that fiscal year of $2,C0C,8G1.27, which
Congress had to provide. This reduces, of course, the saving Mv. Randall and
the Democratic House effected in their first year to $4,263,088.83, but they were
not responsible for this. The amount they appropriated was ample, had the
administration of the navy department been honest, to have met all its legitimate
demands.

Robeson's suddenly acquired wealth.

The Naval Committee of the House was all this time digging energeti-
cally into the mountainous corruption of the Navy Department. Their
discoveries were astounding. They had but to scratch the surface and some
hidious corruption was disclosed. First and foremost they proved wnat was
before well known, that when George M. Robeson was made Secretary of the
Navy he was comparatively poor. James M. Scovel, a leading Republican ot
New Jersey, intimately acquainted with Robeson for many years, whose cousin
was, at one time, Robeson's law partner, testified: " I know that he was a very
poor man, and was so reputed in Camden." The returns of Robeson, under the
income law corroborated this evidence, for his sworn income in 1869 was only
$1,000, and during 1866 and 1868 he swore he had none whatever. Following

164 GAEFIELD THE FRIEND OF ROBESON.

in this line, the committee found that within a few months after he became

Secretary of the Navy Robeson opened large bank accounts with five different

institutions. These bank accounts showed, at one time, the following plethoric

financial condition :

State Bank at Camden, Now Jersey * So2.713.12

Banking-house of Jay Cooke «fc Co. t 5.5.118.00

First National Bank at Washington, D. C. $. 95,777.13

Banking-house of Drexel, Morgan & Co.§ 3''',213.62

Banking-house of Riggs &, Co., Washington, D. C. |! 228,724.75

1467,546.61

And during this time Robeson was engaged in no legitimate business. More-
over, his financial condition was such, when he began his ofllcial life, that he
could have secured no very great capital with which to have begun business or
with which to have speculated.

HIS FRIENDS, THE CATTELLS.

He owed his position in Grant's Babinet to the influence of Mr. Borie of Phila-
delphia and Alex. G. Cattell. then Senator from New Jersey. Mr. Cattell,
undoubtedly, is chiefly responsible for Robeson, for whatever Mr. Borie did in
his behalf was doubtless due to his relations with Cattell. Therefore, it is
interesting to trace the relations of Robeson and the Cattell s after the former's
office life begun. The books of Messrs. A. G. Cattell & Co. show what these rela-
tions were. The bookkeeper of this firm, in his explanation of their books to the
Naval Committee, showed that the firm deposited money from time to time with the
Camden State Bank for the use of Robeson. The books also proved that their rela-
tions with him were so close that the latter occasionally loaned them his notes for re-
spectable amounts, and in ]\Iarch, 1876, two of these notes amounted to $10,000.
These same tell-tale books disclosed a "present" of $250 to "the secretary," and
under the head of " Security" the payment to Robeson for " campaign purposes "
of $8,000 at one time.

Again, there was a joint real estate speculation at Long Branch. Mr. E. G.
Cattell, brother of A. G., testified that about the time the latter went to Europe
as the Financial Agent of the Treasury Department, to supervise Syndicate opera-
tions, he took charge of building two cottages " on the Beach at Long Branch"
— one for his brother, the other for Robeson — and that he paid out of the firm's
(A. G. Cattell & Co.) funds $13,582.29, the cost of Robeson's villa. And, more-
over, he further admitted that up to that time in 1876 there ad been no settle-
ment with Robeson on account of this transaction. There were joint real estate
speculations, also, in Washington. They purchased lots on Sixteenth street.
They cost $22,000. A. G. Cattell paid $11,000 cash for his half interest; Robe-
son, $0,000 cash and his notes for $8,000. The notes found their way to Jay
Cooke & Co., and A. G. Cattell, through E. G. Cattell, paid them at maturity.
There was never any adjustment of this account.

THE FIRM OF A. G. CATTELL & CO.

were commission merchants, doing business in Philadelphia. At the time, or
shortly after Robeson became secretary, A. G. Cattell withdrew from this firm
and the business was continued under the old name, with E. G. Cattell and his
sons as the parties interested. A. G. Cattell withdrew gradually from the busi-

* Pages 213 to 225, Philadelphia, from Jnly 1, 1869, to November 7, 1871.

t Pages 206 to 207, Philadelpliia, from Ajiril 4, 1872, to June 16, 1873.

t Pages 295 to 303, miscellaneous, from July 31, 1869, to September 4, 1873.

i Pages 254 to 265, from September 20. 1873, to August 1 1874.

II Pages 304 to 309, from October 16, 1873, to April 4, 1876.

GAEFIELD THE FRIETTD OF ROBESOX. 165

ness his share of the capital, which was $105,539.43. At the time he withdrew
the books show that E. G. Cattell had no c.'\pital and owed A. G. Cattell
$7,223.95. IIow E. G. Cattell was able to do a flourishing business and rapidly
pay his brother $105,589.42, besides accumulating in a few years a handsome
fortune, will not appear strange as we proceed. This concern did not begin to
do a navy business. Indeed, it appears that beyond furnishing five or six thou-
sand dollars worth of flour or grain per annum, the firm proper had little to do in
this line. E. G. Cattell knew a trick worth a great deal more — one that required
no capital to be invested and no risk to be incurred.

HOW CATTELL SOLD HIS INFLUENCE.

He simply sold his influence with the Secretary of the Navy. His brother,
A. G. Cattell and Paymaster General Bradford, who afterwards, in connection
with A. G. Cattell, transacted the confidential business of saving the firm of Jay
Cooke, McCulloch & Co., in London, from bankruptcy, with the Navy Pay Fund,
assisted E. G. Cattell to dispose of his "influence" in the best market, William
Mathews, of 54 Catherine street. New York, was an old naval contractor. He
had done a vast deal of business in times past, through Bradford, when he was
only a paymaster. About the time Paymaster-General Bradford was going to
Europe, he gasually mentioned to Mathews that he was going to have serious
competition — that A. G. Cattell, of Philadelphia, were about to go into the busi-
ness of furnishing naval supplies, and it would be a wise thing to make an
arrangement with them. Mathews is a shrewd man and knows a thing or two.
He is always willing to pay a reasonable percentage for profits, if they are con-
stant and large. Bradford suggested that the Cattells would be in New York
shortly, and he would introduce them. This was done. An arrangement Vy'as
made, which resulted very profitably to all concerned. There was no evidence
obtained by the Naval Committee to show that Bradford was in any way inter-
ested in this arrangement. Bradford, however, at his death, left evidence which,
if it is made public, will throw a strong light on these transactions and disclose
very peculiar relations between himself, the Cattells and Mathews.

The argument was that E. G. Cattell was to aid in every way he could to throw
business into Mathews' hands, and was to receive five per cent, on the gross
amount of all he did with the Navy Department. This was some time in 1870
or 1871. Mr. E. G. Cattell testified in regard to it as follows :

Q,. Did you pay any capital into the business ? A. No, sir.

Q. What were you to do ? A. All I could, and what I could.

Q. What you could do in what direction y A. In any direction that would help in the business.

Q. Were you to buy property ? A. No, sir.

Q. Were you to measure property ? A. No, sir,

Q. Were you to handle or store property ? A. No, sir.

Q. Were you to manufacture property ? A. No, sir.

Q. Were you to see to the delivery of property ? A. No, sir ; except it should become necessary.

Q. I have gone pretty well over that ; wl.at were you to do ? A. I was to do anything I could ;
my business was to find out what would be likely to be needed; watch the papers, see the advertise-
ments ; keep my mind and self always in constant exercise of what ought to be sold or contracted
for 10 the Department, and report to him.

Q. Were you not, by your agreement, to exercise any influence you possessed with the officers
of the Navy Department ? A. Influence and ability; wherever and whatever influence and ability
I had I was to use.

Mr. Mathews explained what he understood the agreement to be, as follows :

On my part it was an arrangement to prevent his interfering with my business; and in carrying
out that arrangement, I think, as a rough estimate, I have paid him from four to five per cent, on
the amount of business.

This business, in a very few years, less than five, amounted to $3,000,000, and
Cattell received something more than $150,000 as his» share.

166 GARFIELD THE FRTEXD OF ROBESON.

Robeson's intimacy with these scoundrels.
The relations between the Cattells, Eobeson and Mathews all this time were
exceedingly intimate. Mr. Mathews' place of business is 54 Catherine street, a
locality which is not usually frequented by ladies of the heau mnndc, and yet it
appeared by Mr. Mathews' books that Mrs. George M. Eobeson did her shopping
there. And, moreover, her account there was invariably settled by Mr. Cattell. ■
Kot only this, but Secretary Robeson, when in need of any articles in New York,
would send Mathews word, and he would meet him at the Fifth Avenue Hotel
and supply his wants. On one occasion he was going a-lishing, and wanted an
oil-coat, and accordingly Mathews met him at the Fifth Avenue, bringing with
him his qualities for him to select from. Mr. Cattell testifies that Robeson was
aware of his relations to Mathews :

Q. Mr. Robeson, then, knew of your arrangement with Mr. Mathews ? A. Mr. Robeson did ;
I told him I could get a percentage.

now the cattells bled other contractors.
The Cattells did not sell their influence to Mr. Mathews alone. He had the
benefit of his influence in his particular line only, Mr. Cattell kept his business
"in his head," and it was impossible for the committee to obtain a complete list
of the contractors who paid for his "influence," but the following was verified
as to names by outside evidence : «

William Mathews, naval stores, cloth-
ing, etc., 5 per cent, on $3,000,000

J. W. Bigler, timber dealer, 5 per
cent on 1,190,040

W. V. Swift, timber dealer, 5 per
cent, on 1,448,5 .2

Caryl & Co., timber dealers, 5 per
cent, on

Cramp & Son, shipbuilders. 5 per
cent, on 863,441

D. S. Stetson, shipbuilder

Hammett «& Neal, coal dealers

D. M. Noblitt, coal dealer, ) r ,,, „+ ^„ ar-rv^ r^\

D.&J.Noblitt, " '}5pr.ct.on §^00,000

Goodwin, baker and flour dealer Unknowr

Alexander, provision dealer "

Post, wire rope "

Ressinger & Co., lumber dealers "

Mitchell, candles "

Colton, Treasurer of Dredging Co "

Water Proof Company "

Knowltou, machinery "

Lubbock & Co. , beef packers "

Total 57,211,029

The amounts paid Cattell could not always be ascertained, even roughly, but
he " guessed " he had received from the following dealers "about '' the sums set
opposite their names :

William Mathews $15e,000

J. W. Bigler 3f>,000

W.C.Swift 50.000

Alexander 5,000

D. M. Noblitt I „^^ f^^

D. & J. Noblitt f ^"^'"^

Camp & Son 40,0C0

Hammett&Neal $ 500

D. S. Stetson 2,000

Water Proof Company 4,000

Goodwin 5,000

$221,500

Cattell was always uncertain as to the amounts he received, as the following
extract from his evidence will show :

Q. How much did Post pay you ? A. I do not remember that now.

Q,. Give me some general estimate of how much you received, without being precise ? A. I
could not tell that.

Q. What did you estimate your receipts from Bigler ? A. It would be an impossibility to name
the amount ; it may have gone up to S^O.OGO.

THE general BLACKMAILING OF MATHEWS.

Mr. Mathews did not get off with his five per cent, to Cattell and his supplies

to Robeson's family. Nearly every official of the Navy Department, the navy

jiivd at Brooklyn and the Purchasing Paymaster's oflice at New York were his

debtors.

By Mr. Harris (Republican) of Mass.: " Now, Mr. Mathews, I ask you if, during the last two
years, the head of the Navy Department has not been your debtor; if every paymaster who has
been stationed at New York city has not been your debtor ; if every clerk in the Navy Agent's
office in New York city, and every one connected with the Bureau of Provisions and Clothing at the
navy yard has not been your delator ; if the Disbursing Clerk of the Navy Department here, the

GARFIELD THE FRIEND OF ROBESON. 167

principal clerk, and the next clerk to him in the Bureau of Provisions and Clothing ; if the Quarter-
master of the Marine Corps and the Assistant Quartermaster and his clerk, Mr. Marks, have not
been your debtors ? A. To a great extent that is t'rue.

Not only were the clerks of the Navy Department with whom he came in con-
tact leeches upon him, but those in the Comptroller's and Fourth Auditor's office
of the Treasury Department, where his accounts passed, bled him. His old
ledgers were filled with unsettled accounts against this class of public officials.
In addition, his note ledger showed various sums of money loaned — to J. 8.
Delano, of the Second Comptroller's office, $500 ; John F. Denson, chief clerk
to Paymaster-General Wilmough, $300 — and not one of them ever paid.

OTHER GENERAL BROKERS OF NAVY BUSINESS.

The business of " General Brokers " for Navy Department business was not
monopolized by the Cattelis. They did the largest part of it, but there was
enough left to throw a few fine plums into a half dozen other shops.

Mr. William J. Murtagh, proprietor of the National Republican, official organ.
Police Commissioner of Washington, who furnished detectives to spy upon the
movements of the editor of the New York Sun and his Washington corre-
spondent, and to set up jobs on Mr. Whitthorne, Chairman of the Naval Com-
mittee, sold his "influence " with Robeson in one instance for $4,000 to sell a lot
of timber for George P. Wallace, and again for $10,000 to put through a claim
of Joseph L. Savage, rejected by Secretary Wells, for $21,719.58.

S. P. Brown, erstwhile defaulting Navy Agent, then. Naval Contractor, sold
his influence for $ 40,C00 or more to put through the claims, rejected by Secretary
Wells, for the steamers Governor and Louisville.

The following table of "rejected claims " by Robeson is tabulated from official
sources. They do not include all this class. Only the most prominent and noto-
rious have been selected. In every one of them large sums were paid by the
claimants for " influence. "

168

GAKFIELD THE FRIEND OF ROBESON.

LIST OF SOME OF THE WORTHLESS CLAIMS PAID.

Name of Claim.

Amount al-
lowed or
paid.

Former ac-
tion.

Remarks.

Secor

Governor

Savage

Ames

Engineers

Clara Dolson

Matthews

Tilton & Wheelwright.

Belknap

Bonsall

Louisville

"Hungerford"
Total

$93,000 00

52,000 00

21,719 58

216,015 38

20,000 00

9,450 00

81,958 61

*32,000 00

21,000 00
130,832 00

4,615 00

♦82,000 00

r5,000 00

$789,590 57

Rejected .

Rejected.

That is to say, the Sccors had presented their
claim to Congress ; it had been acted on ; the
amount ascertained upon reference to the
Secretary of the Navy, Mr. Welles, and they
had accepted the amount which the act of
Congress said should be in full discharge.
Secretary Welles i)assed \ipon this claim and
rejected it. S. P. Brown, employed for his
influence, does nothing, and, with S. M. John-
son, receives one-half the claim.
Original claim for $31,559.93, of which $9,838.35
allowed by Secretary Welles; balance disal-
lowed, "avage employs Murtagh, for his in-
fluence, to collect this; is successful, and pays
Murtagh $10,000.
Secretary Welles states the history of this claim
in his proof. It was a claim founded on a
contract to make certain guns. They were to
pass inspection; they never did.
This was for services voluntarily tendered the
government during Secretary Welles's ad-
ministration of the navy, which understand-
ing he rejected.
Subsequently to this, claimant presented to
Congress balance of this claim. Why should
he not have done so as to this amount ? It was
paid, as m the case of the Governor, to the
attorney.
Presenied, so far as record shows, first in May,
1673 ; allowed in November, by order of the
secretary. E. G. Cattell receives fee of
$10,000 for his influence and services; upon
face of approved bills said to be for resei'va-
tions loithkeld on account of duti^ s charged,
etc.— a false suggestion or a liiippression of the
truth.
This claim was examined into by Committee on
Naval Expenditures.

Belknap was dismissed from navy by Presi-
dent Johnson. At that time he was ia de-
fault $130,a32, which It was alleged was
stolen from him at Brooklyn Navy Yard.
Secretary Welles, in dismissing him, two
years after date of alleged robbery, stated
that he had not applied for relief to Con-
gress, etc. The circumstances of this case
are altogether peculiar, and one which
should have been examined into by court-
martial or Congress before the allowance of
his pay and the amount of his alleged dcfal-
t cation.

Attorney representing claimant was A. C. Sco-
vel, former partner of the secretary. Pay al-
lowed to claimant when xiot an official of the
navy.
This claim was rejected by Secretary Welles,
whose account of it is wholly different from
the present secretary's. The claimant was
represented by S. P. Brown.
This claim has been commented on. See below.

*About.
THE BOLDEST OPERATION OF GEORGE M. ROBESON

"Was his use of the Navy Pay Fund to sustain tlie bankini^ house of Jay Cooke,
McCulloch & Co., in London. The foreign account of the navy had been kept
from 1815 with the justly celebrated house of Baring Brothers & Co., London.
They were not only reliable, but all during our civil war they were true friends
of the Union cause, and by liberal and assiduous efforts had contributed largely

GARFIELD THE FRIEXD OF ROBESON. 169

to the maintenance of our credit abroad during that troublous period. More-
over, Congress, by an act passed in 1844^ provided :

That no person shall be emploj'ed or continued abroad to receive and pav money for the use
of the naval service on foreign stations, whether under contract or otherwise, who has not been or
shall not be, appointed by and with the advice and consent of the Senate. '

The appointment of Baring Brothers having been made in 1815, this provision
did not apply to them, but, without its violation, their successors could not be
appointed unless "by and with the advice and consent of the Senate." Never-
theless, Robeson did, of his own motion, in May, 1371, remove the foreign j^ay ac-
count of the navy from Baring Brothers and appoint Jay Cooke, McCulloch &
Co. their successors "to receive and pay money for the use of the naval service
on foreign stations."

In an official letter of May 15, 1871, addressed to Baring Brothers & Co., he
assigned to them the reasons for the change :

I beg to assure you that this change in no way grows oat of any dissatisfaction m any kind on
the part of the department with your house, which has for so many years and so acceptably trans-
acted irs foreign financial business, but is the result solely of the opinion entertained by the de-
partment that the establishment in London of respectable houses of purely American origin and
character makes it in every sense becoming and desirable that the government business should be
entrusted to some oue of them.

In a private letter of May 23, 1871, addressed to Henry Clews, Robeson as-
signed the following reasons for the change :

"POLITICAL AS WELL AS FINANCIAL REASONS."

3fy Dear Clews : I have your letter of the 19th instant, in regard to the appointment of a fiscal
agent of the government abroad. I am sorry I was absent when you were here, for I could have
explained to you personally, much more fully and satisfactorily, the situation of this matter. The
truth is, that the Navy Department really lias no fiscal agent abroad, but has hitherto kept its ac-
count with Baring Brothers & Co , of London. This account I transferred about the first of the
present month to Jay Cooke's house abroad. This I did for the broadest political as well as finan-
cial reasons, looking to the good' of tl:e service abroad as well as strengthening the party and ad-
ministration at home. The house of Jay Cooke & Co. has, as you know, large and extended in-
terests and influence throughout the country. Their connection and influence with the national
banks; with tue PennsylvauiM Railroad, which controls the State of Pennsylvania, and which, ab-
sorbing tno Camden and Amboy Railroad, now controls New Jersey, and stretches from its west-
ern terminus across many of the Western states far toward the Pacific; their interest in the North-
em Pacific, and their jieneral interest in the country, make them very powerful friends when
actively interested in the success of the administration, and dangerous enemies, in vital localities,
when indiflferent or unfriendly. These were some of the considerations which inflvenced me, and
which would have still influenced me, had I known of your application, which I did not at the time
when I acted. In addition to this, they are entirely an American house, without any connection
with any foreign person or interest, and having been largely connected with the financial operations
of the government during the war, and contributing largely to its success in connection with local
men like yourself, it seemed to be proper, under the circumstances, that this account Bhould bo
given to them.

WHERE THE FINANCIAL REASONS CAME IN.

The appointment undoubtedly was largely due to "the broadest political as
well as financial reasons." The Cookes, all powerful, then had brought their in-
fluence to bear on Grant, and he indicated his desire to have the change made.
But this was not all. The relations of A. G. Cattell to the Cookes was of the
most imtimate character. The house of Jay Cooke, McCulloch & Co. was
established in London to enable them to figure more conspicuously and profitably
in the Syndicate operations, as well as to aid their Northern Pacific enterprise. A.
G. Cattell was to be the financial agent of the government in Loudon, to repre-
sent it in the Syndicate transactions. The opportunities for percentages, per-
quisitics and other profits would be great. The establishment of a house of
" purely American origin and character " would aid in the direction, and make
more convenient and confidential "crooked" transactions. It was here that
"the financial reasons" for the change came in.^ The change was made. It
placed in the hands of Jay Cooke, McCulloch & Ci^^'sevcral million dollars annu-
ally. The concern was ostensibly started with a million dollars capital, but in
reality it depended entirely upon the government money in its custody, from the

170 GAEFIELD THE FEIEND OF EOBESON.

Syndicate operations and the naval foreign pay account, to carry on its business.
This was not only suflScient for this purpose, hut the house of Jay Cooke & Co.
was enabled, when the financial stress, which caused the panic of 1873, began to
be felt, to draw upon the London house largely. At the time of their failure
Jay Cooke & Co. was indebted to Jay Cooke, McCulloch & Co. about $1,800,000.

WHAT FOLLOWED THE PANIC OF 1873.

On the 18th of September, 1873, the panic began with the failure of Jay Cooke &
Co. The disaster was widespread and ruinous in its effect. Wise men had seen the
danger afar off. Samuel J. Tilden, in February preceding, pointed out the im-
pending financial crash, and predicted its culmination in the coming fall. But the
adminstration of the government was totally unprepared for it. Prompt and
ordinarily sensible measures would, however, have immediately made the govern-
ment secure against any losses abroad. It had an inconsiderable amount of the
Navy Fund in the hands of Jay Cooke, McCulloch & Co. , and the government, as a
preferred creditor, could readily have made itself safe by asserting its claim against
the property of Jay Cooke & Co. in this country, as well as against the bondsmen
of Jay Cooke, McCulloch & Co. This, however, would have bankrupted the latter
concern and ruined A. G. Cattell, one of their sureties. Measures were promptly
taken — not to save the government, but to sustain Jay Cooke, McCulloch & Co.
The government was actually indebted to Jay Cooke, McCulloch & Co. £37,758, 6s.
on the 18th of September, 1873. It is true that a requisition. No. 2024, was drawn
July 2, 1873, in their favor, for $205,714 5s., but a time draft for that amount was
sent, and, as the record shows, was not due and was not paid till September 22,
1873 — four days after the failure of Jay Cooke & Co. But even admitting that
the government was in honor bound to pay this draft, which it could have
stopped — there being no evidence then or since that it had passed into the hands
of innocent holders — still, it only made the government creditor of Jay Cooke,
McCulloch & Co. in the sum of £166,932 2s , or less than $900,000.

JAY COOKE, M'CULLOCH & CO. SUSTAINED WITH THE PEOPLE'S MONEY.

In this condition of things, what did Robeson do ? On September 17, 1873,
he had drawn a requisition for $1,000,000 on the pay fund of the navy in favor
of Jay Cooke, McCulloch & Co. The Secretary of the Treasury, September 18,
1873, stopped the draft issued on this requisition in transitu to New York. Robe-
son not only had this order revoked and countermanded and the money go
forward to Jay Cooke, McCulloch & Co., but between September 24 and 27,
1873, he sent forward an additional amount of $381,333.35.

He immediately communicated by cable with Paymaster-General Bradford,
then abroad, directing him to report at once to London, and again, in defiance of
the Act of 1844, sent him a commission constituting him an extraordinary fiscal
agent " to receive and pay money for the use of the naval service on foreign
stations." He also communicated with A. G. Cattell, giving through him par-
ticular and definite instructions to Bradford for the protection and care of Jay
Cooke, McCulloch & Co. He established a secret cipher with both Cattell and
Bradford, by which they could communicate with him by cable. He authorized
Bradford to open accounts with the Bank of England and the banking house of
Williams, Deacon & Co., and other concerns, and to borrow on the credit of the
United States whatever sums of money he might require to pay the drafts drawn
on Jay Cooke, McCulloch & Co. by naval paymasters on foreign stations, in order
to leave that concern the large amount of money of the United States he had for-
warded them after the panic, September 18, 1873. This Bradford did, his accounts

GAEFIELD THE FRIEND OF ROBESON. 1*71

with the banking house of Williams, Deacon & Co. showing that more than
once he borrowed money for this purpose on the credit of the United States in
sums reaching nearly if not quite a million dollars. And further, the records
show that Robeson, in order to enable Bradford to meet liabilities incurred in
this and other ways, anticipated appropriations, drew from appropriations made
for one fiscal year and applied the money to liabilities incurred in a preceding
year, all in defiance of express legislation to the contrary.

WHO SUFFERED AND WHO DIDN't.

j3y these acts, done in violation of law, the pay of officers and sailors was di-
verted to an illigitimate object, and at one time the naval corps was more than
six months unpaid. The unfortunate officers suffered the greatest hardships, and
the country rang with their complaints. Bradford was detained in London for
several years at this illegal work. In the meantime, the government had obtained
a lien upon a lot of railroad iron, bought by Jay Cooke & Co. for the Northern
Pacific Railroad, and, by being held preferred creditors, in one way and another,
by hook and by crook, finally managed to make itself whole for tlie amount
advanced b}^ Robeson to sustain Jay Cooke, McCulloch & Co. But if the expense
and all other things are taken into consideration, it was largely a loser by the
transaction.

A. G. Cattell, however, did not suffer in any way by the transaction. As the
agent and attorney of the Navy Department, he had control and manipulation of
many millions of collaterals pledged to secure the advance to Jay Cooke, McCul-
loch & Co., consisting of banking paper, 23,000 tons of railroad iron and the
individual estate of Mr. McCulloch, upon all of which he drew a percentage as his
fees.

ROBESON'S MANIFOLD VIOLATIONS OF LAW.

The Naval Committee, moreover established by irrefragible proofs that Robe-
son had disregarded the law :

In failing to advertise for supplies, macerials and other articles required by the department.

In not requiring proper bond and sureties from those who made contracts and agreements
with the department, now being'required in the majority of cases.

In not, in a single instance, prosecuting and enforcing the law against defaulting contractors.

In making payment in advance of work and complete delivery, a bare-faced instance of which
exists in the case of the contractor for the destruction of the " Hero " and the " Piscataqua" at the
Washington navy j'ard, the contractor in this case dropping the job when it ceased tQ beprofltable,
and leaving the government without any adequate protection against his default.

In permitting contractors to be relieved from the fulfillment of their contracts T\'hen it was
apparent that their failure to do so originated from a fraudulent purpose. The method of these
frauds was as follows: At the regular annual lettings, articles for which bids were invited were
scheduh d in classes. A knowing or favored contractor would take a certain portion of the
articles which he knew would be largely demimded, and on these fix large prices, and then on a
vast number of other articles, which he knew would not be wanted entire, he would bid low.
When the bids came to be scheduled in the department, the prices would be arranged, and thus
the favored contractor would appear to be the lowest bidder. He would furnish the large quantities
for which his bids were high, and then the department actually not requiring the quantities of the
other articles on which his bids were very low, he would be relieved from delivery.

It was also established that gross frauds and abuses were made easy on the

government because the system of inspection under Robeson was a sham. This

was especially the case in the acceptance of live oak from certain contractors.

In one single instance, in which S. B. Brown and John Bigelow, a friend, by the

way, of Paymaster-General Bradford, were the contractors, they got pay for

60,000 feet before — months before — it was delivered. And again, when timber

was rejected by one inspector at a navy yard, it was sometimes shipped to

another, and order obtained from Robeson to receive it.

THE NAVY YARDS TURNED TO POLITICAL ACCOUNT.

To prevent the use of the navy yards as political machines. Congress at differ-

172 GARFIELD THE FRIEND OF ROBESON.

ent times enacted stringent laws regulating the employment of workmen. The
Acts of March, 1867, June, 1868, and May, 1872, provides, among other things:

First. That master workmen in the various navy yards should be men skilled in their several
duties.

Second. That no officer or employee of the Government should require any workman to con-
tribute any money for political purpoi^es, and that no workman should be removed or discharged
on account of his political opinion; and

Third. That laborers should be employed in the several yards by the proper officers iu charge,
with reference only to skill and efficiency, and without regard to other considerations.

Those enactments were systematically disregarded with the knowledge of Robe-
son. The Committee on Naval Affairs, after a thorough examination of this
abuse, was satisfied that during elective years fully $1,000,000 per annum was
used through the navy yards for corrupt partisan purposes. The following
illustrates Robeson's methods of accomplishing this political debauchery with the
public money.

[Private.]

Boston, Mass., Oct. 23, 1874.
My Dear Commodore ; I wish you would approve requisition for men to be employed, as they
may be, made until 1st of November.

Some fifty additional men have been allowed from the Chelsea district, and I suppose some more
will be required from Gooch's district.

The administration desire the success of Gooch and Frost.

Yours, very respectfully, J. HANSCOM.

To Commodore E. T. Nichols, U. S. N., Commandant.

[Telegram.]

Wajhington, Feb. 21, 1873.
Commodore J. C. Howell Commandant Navy Yard:

As the Monongahela is wanted, you may employ forty men on her in addition to present force.
Give N. H. a large share. J. HANSCOM,

Chief Bureau Const, and Repairs.

now AND WHAT IT AVAS DONE FOR.

This was for the benefit of New Hampshire Republicans at their spring
elections. At the time of these communications elections were pending in the
states of New Hampshire and Massachusetts respectively. Orders for labor and
the assignment of the amount of money to be expended at the different yards are
made by the Secretary of the Navy through the heads of bureaus. No command-
ant of a navy yard, nor any oflicer there, can, of his own free will, originate any
work or determine the amount of money to be expended. This is done entirely
by the department at Washington. Hence, when any political purpose is to be
accomplished, as, for instance, at Norfolk, when an election is pending, the
Galena, or some other vessel that has been nominally undergoing repairs for the
last three or four years, is ordered by the chief of the bureau at Washington to
be worked upon, and a given amount of money is set apart for that purpose, of
which the officers at the Norfolk navy yard are duly notified. So at Boston,
another vessel is ordered to be worked upon; a certain amount of money is set
apart for it by the chief of the bureau, and instructions are given accordingly.

An examination of the rolls of the various navy yards show that during the
month preceeding elections and the month in which the election is held, the
force of employees are double and sometimes quintuple what it is in the same
month in years when there are no important elections.

ANOTHER OF ROBESON'S METHODS OP EVADING THE LAW

was to make contracts with favorite contractors to repair certain ships. The
law forbids the expenditure of any money or the incurrring of any liabilities, un-
less in pursuance of appropriations specifically made. Robeson got around this
by giving certain contractors contracts to repair vessels and take part pay from
material. A small piece of iron would be taken, say from the Puritan, and about
it would be built an entirely new ship, into which went the old iron from three or

GARFIELD THE FRIEXD OF ROBESON. 173

four other vessels. Other vessels were broken up, and the old material, iron,
copper, wood and machinery, bartered or exchanged for new material. Sixteen
ships were destroyed in this way, and always to the advantage of favored con-
tractors. All this was in violation of law, or without authority of law. The
Secretary of the Navy possesses no right whatever to destroy a vessel belonging
to the United States. He possesses power to sell at inihlic sale any " vessel and
material" of the United States Navy that "cannot be advantageously used,
repaired or fitted out. " If in his judgment such sale could not be advantageously
made, it is his duty to report to Confess the fact and obtain authority to make
other disposition of the property,

THE SYSTEM OF BARTER AND EXCHANGE

was confined to the old material of ships; but the Bureau of Provisions and
Clothing did a large business in the same way with Mr. Mathews, to his and the
Cattell's advantage. In all, some $15,000,000 of the property of the United
States was thus privately and without competition disposed of by Robeson. The
terms on which the old iron was exchanged Hon. Abram S. Hewitt, of Cooper,
Hewitt & Co. , perhaps one of the most competent experts m the country, pro-
nounced " most extravagant, wasteful and improvident." He declared that the
contract with Seyfert, McManus & Co., by which 4,538,781 pounds of old iron
was exchanged at the rate of eight pounds of old for one of new, was outrageous,
and that the treasury of the United States was robbed thereby. lie asserted
that if the iron trade of the country had had any knowledge of the disposition
about to be made, and a chance to compete had been given, the government
could have readily obtained three cents a pound for the old iron.

The catalogue of Robeson's misdemeanors is almost interminable. He violated
the law in not awarding contracts to the lowest bidders ; in giving contracts
without advertisement and without competition ; in making purchases of large
quantities of supplies privately; in permitting contractors who were favorites to
rule navy yards; in countenancing sinecurists; in permitting the use of govern-
ment property and material for private purposes; in applying money appropri-
ated for one purpose to another.

THE RUIN OF THE NAVY THE RESULT.

And what was the result of all this jobbery; all these violations of law; all
this shameless corruption and maladministration? Up to the period of which
we now speak he had spent more than $150,000,000; what was there to show for
it? As to the efficiency of the navy we quote briefly from a great number of
opinions given by officers of the navy upon its condition at that time:

Vice Admiral Rowon: Our cruising vessels of war, as compared with tlic navies of the principal
powers, are inferior; lamentably so in speed.

Rear Admiral Leroy: The vessels of our navy are inferior in construction, armament, speed and
other i)roperties to nearly all the vessels I have met belonging to foreign powers.

Rear Admiral Pennock: It compares unfavorably with < ther navies.

Rear Admiral Almy: The sperd and efficiency of the United States vessels of war are, in gen-
eral, inferior to those of the vet^sels of war of other powers.

Rear Admiral C. R. P. J{ogers: As compared with the navies of the chief foreign powers, I think
our own inefficient in its more powerful ships.

Picar Admiral Stnbling: I am not favorably impressed with the efficiency of our navy as com-
pared with that of other countries.

Rear Admiral Lee: It is mortifying and humiliating to witness the amount of scarcely more
than naval trash that has been turned out, and of which our navy, as to vessels, is now in a large
degree composed.

Rear AdmiralJenkins: Fifteen or twenty years since we had the credit of having, vessel for
vessel, those superior to any in foreign naval service; now none so poor as to do us honor by
offering us praise.

Rear Admiral Sands: There is not much doubt that our navy has gone backward in efficiency.

Rear Admiral Emmons: We have gradually dwindled from a third to a sixth or eighth-ruto
power.

Commodore Amman : Our vessels are, I fear, in general, inferior in speed, especially under steam,
to those of the same classes in the better foreign navies.

174 GARFIELD THE FRIEND OF ROBESOX.

The opinions of a score of other officers to tlie same effect could be added. It
would be supererogation. The fact is undeniable that our navy is worthless.
When Robeson became secretary, in 1869, there were 203 vessels on the register.
Eight sloops-of-war and two torpedo boats were, by authority of Congress, built
during his administration. Three more were purchased. The Committee on
ISTaval Affairs estimate that Robeson to 1876 expended $170,000,000, used or dis-
posed of the material of 70 ships of war, and contracted habilities amounting to
several millions of dollars, and yet the navy was in a worthless condition. Ad-
miral Porter gave it as his opinion that at least 60 or 70 million dollars of the
money expended by Robeson would have been saved by a wise and honest admin-
istration. The Naval Committee of the House declared that if it had been hon-
estly expended, our navy would have been at once the pride of our own people
and the admiration if not the envy of other nations. The responsibility for all
this waste of public money, for the degradation of the service, the demoralization
of the bureaus of the department, the same committee traced directly to the Sec-
retary of the Navy.

GENERAL GARFIELD OPPOSES FURTHER INVESTIGATION.

The above is an outline only, hurried and incomplete, of what the Naval Com-
mittee of the House, during the Forty-fourth Congress, discovered and reported.
In the judgment of its members, and everybody else who had knowledge on the
subject and an honest desire to see the bottom facts laid bare, there remained a
great many other things to be inquired about. This was the judgment of the
majority of the House at the beginning of the Forty-fifth Congress. Accordingly,
on December 14, 1S47, Mr. Fernando Wood reported from the Ways and Means
Committee a resolution which, among other things, directed the Committee on
Naval Affairs to further prosecute the inquiry begun in the preceding Congress.
The Republicans, under the leadership of Gen. Garfield, made sturdy opposition
and raised every imaginable point of order against it. Upon one occasion Gen.
Garfield said:

I desire to make a point of order npon this series of resolntions as not being a privileged report
from tlie Committee of Ways and Moans at any time, and it does not relate to revenue or anything
which, under rule 151, the Committee of Ways and Means is charged vviih, and upon which it is
permitted to report at any time. Therefore, to-day, when that committee is not under call, this is
not a privileged report from the committee.

The Speaker overruled the point of order.

The merits of the resolution were discussed, and Gen. Garfield, still with a view
to debating it, said: i

The gentleman from New York (Mr. Wood) is well aware there could have been perfect unan-
imity in the Committee of Ways and Means as regards the reporting of this resolution, if the clause
giving power to send for persons and papers from all parts of the country, of sending for private
citizens everywhere, had been left out.

Mr. Wood reminded Gen. Garfield that unless that power was given the
proposed inquiry would amount to nothing. There could be no investigation
without witnesses and papers.

This, of course, Gen. Garfield knew perfectly well. The power to send for
persons and papers, as he had experienced on more than one occasion, was dan-
gerous only to those who had somothing to conceal. His object was to defeat the
inquiry and prevent further exposure, which would be not only damaging to his
friend Robeson, but to his party. The only way to prevent the adoption of the
resolutions was to prevent their consideration. The Republicans, therefore, under
Gen. Garfield's lead, filibustered all that day. (See Record, wl. 7, part 1, 3d!
Sept., A.mh Cong., pp. 227-231 )

FILIBUSTERING TO PROTECT ROBESON.

The next day the same tactics were resorted to By filibustering, action was

GARFIELD THE FRIEND OF ROBESOX. 175

prevented till after the lioliday recess, for Congress had previously resolved to
adjourn till January 10, 1878. During all this filibustering, Gen. Garfield was
the leader of his side. {See Record, Ibid, x>p. 237.246.)

When Congress reassembled, Januarj^ 10, the fight was resumed. Gen. Gar-
field still led the opposition. Referring to the investigation of the Navy Depart-
ment at the preceding Congress— the results of which we have summarized in the
preceding pages— Gen. Garfield said that no one believed that it was worth what it
cost. Mr. Clymer, of the Committee of Appropriations, called him to task at
once, and said that the results of that inquiry had enabled his committee to effect
vast savings. This discussion took place in the Committee of the Whole, where
the yeas and nays could not be called, and Gen. Garfield and his friends succeeded
in amending the resolution in a way which would, if finally adopted, have ren-
dered nugatory the proposed investigation. In the House, however, the yeas and
nays were called, and the resolution, as originally reported, was adopted on a yea
and nay vote. Gen. Garfield voted no. {Ibid, p. 290.)

WHAT WAS FOUND DURING THE FORTY-FIFTH CONGRESS.

Under this resolution the Naval Committee reported to the House Feb-
ruary 21, 1879. They showed from official records from the close of
the fiscal year, 1870, to the close of the fiscal year, 1877, $173,674,170.36
had been expended; that, in addition, there was a deficiency for the
fiscal year, 1877, of $2,003,861.27 ; a further amount, necessary to pay
bills, approved that year, of $3,217,738.76, and contingent liabilities incurred
during the same year of $3,600,263.09. So that Robeson, in addition to millions
of material sold, bribed and exchanged, had disbursed in eight years the sum of
$182,496,033.48. He left a navy which, according to Republican Representative
Harris, of Massachusetts, was —

In comparison with the leading naval powers of the world, in a very humiliating and unsatis-
factory condition.

The present Secretary of the Navy, in his first annual report, recited the con-
dition in which he found things upon assuming control. He said:

ROBESON'S SUCCESSOR TELLS UNPLEASANT TRUTHS.

On March 1, 1877, the indebtedness of the Bureau of Steam Engineering to sundry individuals
and companies, for balances due upon contracts made before that lime—

For machinery, boilers, &c., was $1,454,694 3-3

For materials, stores, &c., was.. . ... 206,852 75

Total 1,661,547 08

On March 3, 1847, contracts were made hj the department for work on account of the iron-clads
Puritan, Monadnock, Terror and Amphitrite, aggregating ^1,165,000, each of which contained a
provision that no portion of the money should be paid until appropriated by Congress.

Contracts were also made March 7 and March 10, 1877, for boilers for the 'J'uscarora. Narragan-
sett, Snowdrop and Dictator, amounting to $331,621.09, making a total indebtednesH of this bureau
March 10, 1877, $3,158, 168.77, As tliere was no money ap2WC2)riated by Conr/ress subject by law to be
appHHd to va-yi^^nts of uork done under the contracts made subsequent to "March!, 1877, these con-
tracts were suspended, and the order of suspension has not been revoked.

To the above aggregate of indebtedness sh' uld be added, for necessary purchases, «S:c., from
Marcli 1 to July 1, 1877, the sum of $5,747,29, making the total indebtedness of the Bureau of Steam
Engineering to July 1, 1877, $3,163,915.47.

THE INDEBTEDNESS OF THE BUREAU OF CONSTRUCTION AND RERAIK,

As ascertained up to March 1, 1877, was, upon bills in requisition of navy paymasters, $185,680 ;
accrued bills not drawn, $83,558.71; for labor at navy yards, $27,949.76; and bills held by parties
and available only after an appropriation to meet tlie same was made by Congress, $547,609.64.
Large quantities of timber had been contracted for, part of which had been delivered and another
part was to be thereafter delivered. That part to be delivered was contracted for by orders from
the bureau, wliich, having been issued when there was no money on hand to pay the bills and
without advertisement and competition, were all suspended.

A contract was made by the department February 8, 1877, for the impregnation and preservation
of timber, for which it was agreed to pay $14,0(K^ for one hundred thousand feet of timber, and be-
yond that quftfltity four cents per cubic foot, with further conditions in reference to the execution

IIQ GARFIELD THE FKIEND OF ROBESON.

thereof. This contract was also suspended for the same reason as those referred to above, and ia
not therefore embraced in the foregoing estimate of indebtedness, as the amount to be paid under
it, if executed, is indefinite.

THE INDEBTEDNESS OF THE BUREAU OF PROVISIONS AND CLOTHING.

On March 1, 1877, for bills for provisions, was $55,840.31; for clothing, ^385.189.08; for small
stores, $28,500; and for freight, $3,935.91; making a total of $473,471.30. It is due to the manage-
ment of this bureau, however, to say that there was duo to it on account of clothing issued and
checked agahist pay of the navy, $339,200.23, and that it was indebted to pay of the navy on ac-
count of purchas-es and expenses of storehouses abroad, $225,742.77; for clothing. $3,489.05. and for
continjrent expenses, $4,548.30, making a total of $233,780.12. So that, in striking the balance be-
tween this bureau and pay of the navy, the latter fund remains in debt to it $105,420.11, for which
there has been no transfer. The bureau has also unsettled balances with the other bureaus and the
hospital fund, as follows: The rthcr bureaus are indebted to it iu the sum cf $8,779.80, while it is
indebted to them and the hospital fund $4,946.96, leaving $3,832.84 in its favor. If these adjust-
ments were all made between the bu-ep.us it would, therefore, reduce the indebtedness of this
bureau to $364,218.35. But as all the money appropriated for the last fiscal year has been expended,
and no portion of that appropriated for the present fiscal year is applicable to the adjustment of
these balances, the indebtedness of the bureau cannot be relieved in any other way than by the ap-
propriation of the whole amount of $473,471.30 by Congress.

Il the sums covered by these suspended contracts be held as chargeable against the Bureaus of
Steam Engineering and of Construction and Repair, the total indebtedness of the three bureaus is
$7,083,503.25.

EXTRAVAGANCE AND NO NAVY.

From these it will appear that, with "no navy," large expenditures of public money, and vast
quantities of public property disposed of, thern existed at the close of Mr. Robeson's administra-
tion an indebtedness, actual and contingent, of $7,083,503.25 in the Navy Department— an iwdebt-
cdncss not warranted by law, since indebtedness cannot legally be made by any agent of the gov-
ernment except by the consent and authorit)' of Congress. That one department of the government
should be found in this condition; that agents of the government who were the sworn e.vc cutors of
the law, and who stood in high ;)l!ices, should bo so unmindful of their obligations and duties as to
involve the faith of the government iu such large amounts, and tliat, too, in times of profound
peace, was startling.

It was with such an exhibit before them that the committee of the Forty-llfth
Congress entered upon the investigation,

A TERRIBLE SHOWING.

The committee reported that —

In th'3 year 1865 there were borne on the Naval Register the names of some six hundred and fifty
vessels; there was then al.so on hand a larsic number of engines, boilers, machinery, stores, and
materials, the aggregate cost, if not value, of wh-ch was from two hundred to three hundred mil lions
of dollars. Up to 1869 there had been sold over four hundred of these vessels; tl'3 nnijority of
them were of less cost than thofo retained, ai d no very larce amount of materia s had beeii dis-
posed of— leaving, Iu 1869, and just prior to the administration of Mr. Robeson, two hundred and
three vessels in the navy, together with a L.nrc quantity of nrnterials and stores, not attached to
ships, but being iii the different navy j-ards of the country. Now, within these eight years, there
have disappeared from the Naval Regi^ter the names of about seventy vessels, and there have been
added to the register eight. Of the seventy which have disappeared, five have been lost «t sea;
forty six have been sold, and their proceeds paid into tiie treasury; three have been sold, and their
procet'ds paid over or credited to contractors, and twenty have been destroyed by order of the
secretary or his subordinates, and the materials "cut up." paid over or credited to contractors.
Large quantities of materials, such as en-jrines, boilers, plate, iron, &c., have also been sold and
celivered to or bartered or exchanged with contractors.

Assuming the estimate hereinl)eforo made approximates correctness, and calling attention to
the fact that the account of stores in the then indebted bureaus shows a diminution of stores (ex-
cept in the ittm of live-oak timber in the Bureau of Construction), wc have this showing, viz:

Expenditures in money $182,496,033

Public property sold, used and consumed prii cipally for construction and motive

power, which cost tho government $100,000,000, one half of which is charged 50,000,000

Total $232,496,033

Of the public properly disposed of privately there were —

31 vessels, original cost $13,775,8^:57.52. .Realized $;548..524.47

21 vessels, original cost 12,614,390.45. .Realized 421). 983.73

Provisions and small stores, original cost 525,640.47. .Realized iu trade 205,536.39

From the Bureau of Steam Engineering millions upon millions of pounds —

engines, complete and incomplete, boilers, shafting, propellers, tubes, iron and

brass and composition, which must have cost forty or fifty millions of dollars.

Recapitulating, the committee say:

MILLIONS OP PROPERTY BARTERED AWAY.

Four vessels, costing $3,002,390.48, have been sold without advertisement, the proceeds of three
of which have not leeu paid into the treasury; twenty vessels cut up and destroyed, costing

GARFIELD THE FRIEND OF ROBESOX. 177

$12.r)14,394.35, their material sold eg old scrap, and proceeds exchanged; mnltiplied millions of ma-
terial from the Bureau of Steam Engineering, consisting of engines, boilers, complete and incom-
plete, iron, copper, brass and compositicn, coirting a vast sum of monej', has been sold, bartered and
exchanged for sums of money not greatly in excess of the cost of dest; action, but the proceeds of
which have not been paid into the treasury; large quantities of provisions and clothing have been
sold, bartered and exchanged, costing large sums of money, for small prices, but the proceeds of
which have not been paid into the treasury, and all of which, except in case of clothing, should have
been done. Not being paid into the treasury, it has been applied, as stated by the actors in this
so-claimed "barter and exchange business," to useful purposes. Suppose it be admitted, for the
noiice, that this immense amount of public property was so used, it is replied, in the first place,
that there was no authority under the law so to use it; secondly, a report of the disposition should
have been made to Congress; thirdly, it was an application of the proceeds of public property
without the knowledge of or an appropriation by Congress.

THE LAWS OF 1872 VIOLATED.

This disposition of the public property was in direct violation of the acts of
Congress, approved May 8, 1872, and May 23, 1872. These acts were intended
to prevent exactly what Robeson did. At the close of the war the War and I^avy
Departments having a surplus of material of war on hand, began to dispose of it.
Congress, noting this, and that the property was not only sacrificed, but the money
realized was not turned in to the treasury, thought proper to restrict the powers
of the executive officers of the government. The Act of May 8, 1873, provided
that all proceeds of sales of material, condensed stores, supplies, or other public
property of any kind, shall be deposited and covered in to the treasury as miscel-
laneous receipts, and shall not be withdrawn or applied except in consequence
of a subsequent appropriation. And the Act of July 23, 1872, regulated the man-
ner of sale by the secretary of the money of such vessels and materials as iu his
judgment cannot be advantageously used, repaired or fitted out. It also required,
before such sale, public notice by advertisement in some leading newspaper in at
least four of the principal cities of the United States, which should state the
number of vessels and the amount of materials proposed to be sold, together with
a description thereof, and when and where the same could be examined. Full
report was to be made to Congress by the Secretary of the Navy of all his acts
under the act, the property sold, the parties buying, the amount realized, and,
further, required all moneys received on account of the sales to be covered in to
the treasury. Not one of these requirements of the Acts of May 8 and May 23,
1872, were complied with by Robeson, but every one was violated.

In concluding their report, the committee say :

HUNDREDS OF THOUSANDS OF DOLLARS TO "PROCURERS."

Your committee are thoroughly satisfied that large sums of money have been lost to the govern-
ment by this disregard of the law ; and if any additional evidence were wanting, it is to be found
in the existence of " Cattellism " iu the naval service, wherein hundreds of thousands of dollars
have been paid to " procurers " for their services aud influence in securing and obtaining contracts
with the bureaus of the Navy Department.

There remains but one other question suggested by the defense to these alleged violations of the
law, and that is, whether any punishment is enacted and provided by the law. It is urged that it is
incumbent to show a fraudulent intent in the violation of the statutes; and that, again, the separate
statutes referred to as having been violated are without penalties.

Your committee submit in reply, waiving any considerstion of how far the common law or the
local criminaliaws of the District may be applicable, that by section 54;i9, Revised Statutes, it is
provided and enacted that "Every person who steals, or embezzles, or knowingly applies to his
own use, or who unlawfully sells, conveys or disposes of any ordnance, arms, ammunition, cloth-
ing, subsistence stores, money or other property of the United States furnished or to be used for
mUitary or naval service, shall be punished as prescribed in the preceding section," which punish-
ment is, as stated, imprisonment at hnrd lat)or for not less than one nor more than five years, or a
fine not less than one nor more than ten thousand dollars.

THE PLEA OF ROBESON DISPOSED OF.
Now, it Is urged that this law was only intended for the soldier or sailor, or pettr Aiolator of
the law. Such is not the reading of the statute or the act from which it was codified. But again,
it is here said tiiat the "fraudulent intent " must appear or be shown. To this it is replied that
sucli is not the reading of the law. If punishment was sought for " stealing," the felonious intent,
it is admitted, must be i*hown ; so in the case of a charge of " embezzling." And in the case of
" application of public money or property to the person's own use," it is probable that a fr.aidulent
intent would be required to be shown, yet this is doubtful under the words of the statute ; but
where one unlawfully sells, conveys or disposes of public money or property, the averment and

12

178 GARFIELD TUE FKIEND CI' ' liOi:! SOX.

proof of fraudulent intent is not required under the statute, nor is it necessary to the offense. The
averment and proof of a fraudulent intent would make it one of the other otiteiises of the statute.
They are distinct ofien^es, with distinct ingredients. In the case of the sale, conveyance or dis-
position of public money or public property, the evident meaning of the statute is that it shall be
done alone by the warrant and sanction of law ; otherwij^e it is unlawful and an offense punish-
able as prescribed.

WHO AKE RESPONSIBLE.

And, in further discharge of their duty, your commiitee now say that it is apparent from the
whole proof in this investigation, that for the indebtedness cf the navy exis^ting at the time said
investigation commenced, and that for the unlawful sale and disposition of large amounts of valu-
able property belonging to the naval service, and the unlawful disposition of large sums of the
public money appropriated to the naval service. George M. Itobeson, late Secretary of the Navy ;
W. "\V. \V. Wood, late Chief of tlic Bureau of Steam Enyineering ; Isaiah Hantcom, late Chief of
the liureau of Construction and liepair, and Chiefs of the Bureau of Provisions and Clothing since
lb72 to March, 1877, are chi' fly responsible.

Therifore, in the opinion of your committeo, that the law may be vindicated, and respect for
its mandates mamtaiued, it is the duty of the House to mark its condemnation of tlie illegal
practices of these former otKcers of the Navy Department, and to invoke the attention of the Ex-
ecutive Department of the government, upon which rests the responsibility of further action in
the premises, to these violations of law; and accordingly your committee submit for the favorable
consideration of the House the following resoluti. ns :

CONDEMNATION.

Jicsolved, That the acts and conduct of the late Secretary of the Navy, George M. Robeson, and
of the late Chiefs of the Bureaus of Steam Engineering, Construction and Repair, and Provisions and
Clothing, and who were such since May 187x!, and as referred to in this report, as well as all others
aiding uud abetting therein, in the sale and disposition of public property, iu their metliod of mak-
ing contracts and in involving tho goveri<ment in indebtedness over and beyond the appropriations
made by Congress for the support of the navy, deserve and should receive the severest censure and
condemnation.

Efsolvtdjurther, That it shall be the duty of the clerk of the House of Representatives to de-
liver certified copies of the testimony taken before the Committees on Naval Affairs and Naval
Expenditures of this House, together with the reports of taid committees and the views of the
minority, to the President of the United Slates, the Attorney-General and the Secretary cf the
Navy.

ANOTHER COMMITTEE CONDEMNS, ALSO.

The Committee on Expenditures of the Navy Department also presented an
investigation of that department, directing its inquiries especially to the acts of
Robeson during the last months of his administration. Their report fully cor-
roborates that of the Committee on Naval Affairs. The Committee on Naval
Expenditures report :

That in their investigation of the expenditures of the Navy Department they found-
Extravagance and disregard of legal restraint have been recognized at almost every step pre-
vious to the beginning of the present administration of the department.

We discovered that a major part of the indebtedness was incurred several years ago, on ac-
count of work done and material furnished— long since accepted and used by the government, and
payment of which has been rendered impossible, for the reason that the funds in the treasury to
the credit of the various bureaus have been recklessly squandered in what are technically known
as open purchases, amounting to millions very often, wjthout competition or advertisemenr, and,
as your committee maintain, in disregard of economy and in gross violation of law.

Notwithstanding the plain terms of section 3709. open purchases have been the chief mode by
which the Navy Department has been supplied with materials; not in obedience to exigency, but
vastly iu excess of its needs.

so THE PLEA OF EMERGENCY FAILS,

and also the pretext of a threatened war with Spain, which disappeared, after a few months'
duration, in December, 1875. The character of this abuse, and under whose auspices it flourished,
covering a period of years, is sufficiently indicated by the testimony taken by the committee.

This violation of law, without warrant in precedent of authority, has depleted the treasury to
the extent of millions of dollars, and has been the fooa on which pampered favorites have fattened,
while it has prevented the payment of moneys due a meritorious class of creditors, to such an ex-
tent that many have been involved in bankruptcy, and all of them subject to irreparable loss.

The amount of open purchases and bureau orders within the last few years aggregates more
than twenty millions of dollars; all the advantages of an open market have been ignored, fair com-
petition avoided, and both the letter and spirit of the law disregarded.

At the date of the foregoing contracts, amounting to nearly four millions of dollars, there was
to the credit of the Bureau of Construction and Repair only $18,3.57.94 (see Appendix, page 251);
to the credit of the Bureau of Steam Engineering, |36.291.07 (see Appendix, page 245). The out-
standing indebtedness at the same date amounted to more than four millions of dollars, exclusive
of that incurred by the foregoing contracts.

It occurs to your committee that the simple statement above is sufficient to indicate

THE ILLEGAL CHARACTER OP TUE CONTRACTS.

The honorable Secretary of the Navy, in his report, refers to Congress the question whether
these contracts shall be ratified. We unhesitatingly recommend their cancellation, and we charge
that their execution by the bureau officers, under the direction of the late Secretary of ihe Navy,

GARFIELD THE ERIEXD OF EOBESOX. 179

was a most defiant and inexcusable abuse of power, in the very teeth of express statutes. The
provisions of law applicable arc found iu sections 3709 and 3732, printed in full hereinbefore.

The late Secretary of the Navy, when caiied before the committee at the instance of the minority,
attempted to excuse this violation of law, so far as the third of March contracts are concerned,
for the reasons, first, that payment of said contracts was conditional, dependent upon appropria-
tions, and that no obligation was incurred— a pretention too idle for refutation ; for if the work had
been done and accepted, the government would have been bound in honor to pay fur it ; second,
that he had acted upon the opinion of Attorney-General Taft, pronounced in these words, to wit :
" The foregoing order (found in Appendix, p. 23) having been submitted to me by the Secretary of
the Navy, I state that I perceive no legal objection to it, and it seems to me judicious and expedi-
ent, as well as just." This opinion is dated March 2, 1877, the same date of the order, indicating
that the late attorney-general devoted brief time in its preparation, which fact is the only excuse
which your committee is able to find for such an opinion from the highest law officer of the govern-
ment.

This opinion it is needless to characterize. Cabinet officers are not at liberty to violate the
law, even when advised they may do so by the law officers of the government ; besides, tiie govern-
ing statute precludes any misunderstanding as to its meaning, for its terms are plain and specific ;
nor can any exigency be urged to justify the act.

THE REPUBLICANS AFRAID OF THE REPORT.

On February 10th, 1879, Mr. Whitthorne moved in tlic House to suspend the
Rules so as to fix the 20th of that month for the consideration of the report of the
Committee of Naval Affairs. The motion was rejected by a vote of 123 to 107,
the required two-thirds not voting in the affirmative. All the Democrats voted
aye, and all the Republicans no. General Garfield was present and voted no.

Another attempt was made on the first day of March to fix a day for the con-
sideration of the resolutions, and the motion was again defeated, and by almost
the same vote as above. (Record, vol. 8, _?;ar^3, Mscss. ^5th Cong., p. 225G.)

The Republicans thus refused to permit a vote. They knew well that the
House would have condemned the management of the Navy Department bv a
large majority if a direct vote could have been reached.

180 GAEFIELD CHAMPIONS GEORGE F. SEWAED.

GARFIELD CHAMPIONS GEO. F. SEWARD.

FILIBUSTEES TO PREVENT HIS IMPEACHMENT.

George F. Seward was United States Consul-General at Shanghai. In this
position, from 1864 till promoted to be Minister to China, he practised a system
of frauds and speculations which soon rendered him notorious everywhere. He
charged enormous illegal fees for his consular services ; he assumed the juris-
diction of the vice-consuls throughout China, in order that he might increase his
fees; he compounded with the Chinese authorities to shield Chinese offenders and
criminals as against American complainants; and, for great fees paid him, discon-
tinued suits instituted against such criminals and offenders. He was guilty of so
many outrageous acts that the American name became odious throughout the
East. His crimes became so notorious that complaints were lodged against
him at the State Department.

Unfortunately, the laws regulating consular affairs do not provide that the books
of United States consuls shall be subject to official inspection. This weak place
in the consular laws enabled Seward to enjoy absolute immunity.

ROBBING A DEAD MAN'S ESTATE.

The following are among the illegal acts upon which articles of impeachment
were founded by the "Committee on Expenditures in the State Department,"
at the third session of the Forty-fifth Congress:

As Judge of the Consular Court at Shanghai, hi the settlement of the estate of D. R. Shedding, .
formerly an American citizen, he charged and exacted from Eugene McLaughlin, executor of
Sheddlngs will and his administrator, a fee of S620 for admitting the will to probate. This was in
18G4. At the time this charge was made McLaughlin's account was before him as executor for
allowance, and was allowed by Seward for five per cent, on the amount of Shedding's estate, when,
in fact, under the law, McLaughlin was only entitled to one per cent. Seward retained his S'lSO.
against the protest of T. F. Brown, who owned one-half of the Shedding estate. The probate
service rendered was a part of the consul-general's regular judicial duties, and for which he was
not entitled to receive one cent

Benjamin Pease, charged with and proved to be guilty of piracy and murder, was the same year
discharged from custody and permitted to go at large without trial.

In 1875 Vice-Consul Bradford tried and sentenced some American sailors to sixty days im-
prisonment for desertion without trial or hearing. One of these men petitioned Seward for a
hearhig to show bad treatment on hoard ship. Seward refused the hearing and caused the sentence
of tho^petitioner to be extended to ninety days at hard labor on bread and water, and the sentence
was duly executed.

lie i)ermitted this Vice-Consul Bradford to sit and try causes and pronounce judgments which
were executed; also a man named George Sporter to try a man for murder and sentence him, and
enforced the sentence in both cases. Neither of these men had authority to sit as judges, and
Seward had no authority to permit them so to sit.

HE STOLE $20,000 OF GOVERNMENT MONEY.

In 1865, he took $20,000, being moneys of the ITnited States and known as the Seamen's
Relief Fund, of which he was disbursing officer, and converted it to his own use, loaned it to a man
named Andrew Anderson and to the Arm of Clapp & Co., and to other persons, taking mortgages
in his own name, with interest at eighteen per cent., which he pocketed as it fell due. He fore-
closed the mortgage as plaintiff before himself as judge, ordered sales under the execution of the
foreclosures, purchased the property sold to satisfy the judgments, and confirmed the titles to
himself by order of himself, all the time sitting adjudge. This was one of his neatest and most
skillful operations.

Oliver B. Bradford, who was vice-consul at Shanghai and as such deputy Consul-General of the
United States, Clerk of the Consular Court, and Consular Clerk of the United States, associated

GARFIELD CIIAMPIOXS GEORGE F. SEWARD. ISl

himself with one A. A. Hayes and others in an nnlawful scheme to construct a railroad from
Woosunij to Shanghai. This was contrary to the wishes of the Chinese authorities, and against
treaty stipulations; but Bradford bought the right of way, pretending that he was about to build a
com inou highway. Seward was well aware of what his purpose was, and aided and abetted the
scheme, thereby causing great scandal and exciting the indignation of the Emperor of China.

In 1871 Richard Phenix was United States marshal of the Consulate-General at Shanghai, and
as such entitled to fees for his services, the salary and perquisites of his oflice. Seward converted
to his own use these fees, to which Phenix was entitled, making no return to the government
therefcr, but rendered false and fraudulent vouchers therelor. Seward, knowing that the fees of
Phenix would be very largely in excess of his lawful salary, made a bargain with Pht-nix by which
the latter received a stipulated sum, and Seward received the surplus derived from Phenix's fees,
wliich he pocketed. He then got vouchers from Phenix for the entire amount of the latter'tJ fees,
which he forwarded to the United States treasury and was duly credited for.

SHAVING THE UNITED STATES.

As disbursing officer of the United States, charged with receipts and disbursements on account
of the Consular Court, all the money received by him was paid in Mexican d;;Jhirs. Silver was
at a premium over American gold and over United States currency. He uniformly paid out the
same silver he received, the receipts being very largely over the payments. But when he made out
his quarterly accounts of receipt-* and disbursements, he doctored them to make (hem show that
the receipts had been in currency of the United States, which had depreciated below the value of
United States coin ; that he had been compelled to purchase American gold at a premium for his
disbursements.

In 1876 Seward became Envoy Extraordinary and Minister Plenipotentiary of the United States
to China. In this capacity he converted to his own use the salary of the consul-general at
Shanghai for the quarter beginning January 1st and ending March 31st of that year. During thia
quarter O. B. Bradford was acting consul-general at Shanghai, and Seward forwarded, or caused to
be forwarded a voucher to the treasury in Bradford's name for the amount whicli he had thus con-
verted to his own use. This compensation did not suffice. He also received his salary as United
States minister at Peking, Cliina, for and during :he same quarter, the amount of the latter bein"-
$2,037.36, and of the former §1,249.98.

FOR SELF-PROTECTION SAVES BRADFORD.

On the 27th of March, 1877, in order to conceal the facts that while he had been consul-general
at Shanghai he had made false vouchers and neglected to pay over consular moneys in his hands,
and been guilty of extortion and other crimes as such consul-general, Seward unlawfully
removed John C. Myers from the office of consul-general at Shanghai, and appointed in his place
O. B. Bradford, who was advised of every one of his misdemeanors.

After his appointment as Envoy Extraordinary and Minister Plenipotentiary to Pekin, Seward
interfered in behalf of O. B. Bradford, vice consul-general at Shanghai, who had been convicted
on a charge of embezzlement and was in prison. He left his post as minister at Pekin and went
to Shanghai, where he unlawfully endeavored to procure Bradford's release and discharge from
jail. In this he unlawfully used his position as minister to obtain the discharge of a felon, know-
ing him to be guilty. Be succeeded in his unlawful purpose. Bradford was released through
his manipulation.

Mr. Springer's committee, investigating and controlling the accoants of the
State Department, found it necessary to ask some questions of Mr. George F.
Seward, and that gentleman was subpoenaed to come home and bring his books
with him. He came, but refused to show his books, claiming that they were his
private property.

THE PART GARFIELD PLAYED.

Mr. Seward was then held to be contumacious, and was placed in custody.
AVhile so under arrest and in charge of the Sergeant- at- arms of the House, Mr.
Springer, as a question of privilege, presented articles of impeachment against
him, containing a long list of charges, of which those above referred to are a
portion. The impeachment articles were brought forward on the 3d of March,
1879. Previous to that date, on the 22d of February, Mr. Springer, as a question
of privilege, endeavored to have Seward brought before the bar of the House to
show cause why he should not be dealt with for contempt. When he presented
the proposed order, Gen. James A. Garfield sprang to his feet, saying:

Mr. Garfield: Let it be understood that all points of order arc reserved.

Mr. Springer offered the report of the committee, with the views of the minor-
ity, which were ordered to be printed.

After this the Republican side of the House, lead by Gen. Garfield, Mr. Hale
and others, began to fillibuster in order to defeat every effort to bring Sew-
ard to justice. Only one week of the session was left.

On the 2 ith of February Mr. Springer called up the reports previously sub-
mitted with reference to his contumacy, and asked that the order directiui^

182 G4EFIELD CHAMPIONS GEORGE F. SEWAKD.

the sergeant-at-arms to take Seward into custody and bring him to the bar of
the House, as recommended by the committee, be adopted. Thereupon Mr. Hale
raised the question of consideration.

Mr. Garfield: Allow me to make a parliamentary inquiry. Does the Speaker decide that if the
question of consideration were not raised it would be competent for us as a preliminary proceeding
to brinir this perscm to our bar before we decide the question presented in this case? The very
question now p(;ndin<^ as between the majority and minority of the committee is, whether there is
any cause for bringing this man here at ail? We ought not to bring him here if there is a proba-
bility that on hearing tlie considerations, pro and con, to be presented by the two branches of t e
committee, we may decide that there is nothing requiring hmi to be brought here. I would there-
fore suiTgest that we ought not to be called upon to decide the ques' ion in this summary way. The
reports have only come before us to-day. We did not rectdve the Record yesterday, as we usually
do on Sunday; and we have onlj' seen tliese reports since the session opened this morning. I hope
the gentlemen on both sides of the House see the propriety of letting this quostiou lie over till to-
morrow, when gentlemen can read the majority and minority reports.

The Speaker said it was a question of privilege.

Mr. Garfield: Very well; let it lie over for the present.

The Speaker said the refusal of a witness to answer had always been considered a question of
privilege, though he had recognized the right of Mr. Hale to raise the question of consideration.

VERY ANXIOUS TO KNOW.

Mr. Garfield: We certainly ought to know all there is about the case before we are called upon to
act.

After more debate, by consent the matter was allowed to go over, to be called
up again as soon as the Legislative Bill should be disposed of.

On the 26th of February Mr. Springer sent a preliminary order to the clerk's
desk requiring George F. Seward to show cause why he refused to answer ques-
tions put to him by the Committee on Expenditures in the State Department.

Mr. Conger and other Republicans instituted dilatory propositions, which were
kept up until an adjournment was reached.

On the 27th of February Mr. Springer again called up the Seward matter.

Mr. Eugene Hale at once raised the question of consideration.

Mr. Bundy, from the minority of the committee, submitted a resolution de-
claring that the reasons already given by Seward for refusing to answer {i. e.,that
the consular books wanted were his private books and therefore privileged) were
sufficient to excuse his failure to produce them.

After further skirmishing, Mr. Springer got a vote by yeas and nays on the
question of consideration raised by Mr. Hale. The question being "Will the House
proceed to the consideration of the question of privilege presented by the gentle-
man from Illinois (Mr. Springer)" the yeas were 132, nays 122, not voting 36.
This was pnictically a party vote, only one Republican (Mr. Brogdcn, K C),
voting with the Democrats. Gen. Garfield resorted to his usual method in such
cases, and on the yea-and-nay call dodged.

The main question was then seconded, after a struggle in which Mr. Conger
was somewhat conspicuous.

Mr. Springer then took the floor and addressed the House upon the question
of contumacy which had been raised by Mr. Seward's refusal to exhibit the books
of the Shanghai Consulate during his incumbency of that office.

A long debate followed, upon the conclusion of which the question recurred
upon the resolutions of Mr. Bundy, declaring thai Seward was excused from pro-
ducing ilie consular hooks.

On this question the yeas were 119 to nays 142, not voting 29. This was also
a party vote, and Mr. Garfield voted tea.
So the Bundy minority report was disagreed to.

FILIBUSTERING TO SAVE A ROGUE.

The filibustering continued for some time.

Mr. Conger moved to adjourn.

Mr. Spimger: Does the gentleman mean to filibuster on this question ? The House has

GARFIELD CIIAMriONS GEORGE F. SEWARD. 183

ordered a receSS at half-past peven o'clock. The House has not adopted the rcpolations reported
by the committee. The vote just taken was (m the minority resolutions. Does the gentleman
Irom Michigan desire to prevent the passage of the resolution ?

Mr. Conger: I have acted advisedly.

Mr. Springer: The gentleman, then, desires to prevent their passage ?

Mr. Conger: I wiil answer the gentleman after we have taken a recess.

The Speaker baid it was in order to take a recess.

Mr. Luthell: The whole object is to filibuster and defeat the investigations of the com-
mittee. .

Mr. Springer insisted that a vote should be had on the resolution of the majority of the com-
mittee.

Mr. Conger moved to take a recess, which was lost by yeas 87, nays 130, not voting 73.

Mr. Gaufield votsd yea.

The question being on agreeing to the resolution of Mr. Sprinerer, to cite Seward before the
bar of the House for contumacy, the vote was taken by a division of the House, ro:;uIting in yeas
115, nays 1, the Republicans refusing to vote to prevent a quorum.

Several other dilatory motions were made, followed by votes which disclosed
the want of a quorum.

Finally, Mr. Springer succeeded in having his report agreed to on a rising vote
of 105 yeas to 47 nays, five votes more than a quorum.

On the 28th of February the sergeant-at-arms presented George F. Seward at
the bar of the House,

He was told by the Speaker why he had been placed under arrest, and pre-
sented in response a written defense of his recusancy, the principal feature of
which was a quotation from the 5th amendment to the Constitution of the United
States, declaring that

No person * * * shall be compelled in amy criminal case to be a wii»ess against himself .

When asked by the Speaker whether he declined to produce the books he had

been required to furnish,

Mr. Seward said: I stand here, Mr. Speaker, for my rights as a citizen and an oflScer. So
long as persons who are my enemies are pursuing me before that committee, I shall hold all books
and papers which I now hold.

Debate was then had, during which Mr. McMahon asked Mr. Springer if the
witness had made answer under oath that they were private or public books,

THE ROGUE REFUSED TO CRIMINATE HIMSELF.

Mr. Springer: I desire to explain that matter. The answer is just this: the witness was not
required to be sworn at all before the committee in the first instance; he was only asked to produce
these books, and a subpoena was directed to him. I declined to ask thai hu be sworn; but as chair-
man of the committee 1 put the question to him whether he would produce the books. To that
question he made no response except that he would answer by his counsel.

I then asked him the other question, \vheth(.'r he would produce the books at some convenient
time, at a meeting of the committt-e to be held thereafter. To that qnestiou he made no other
response than an answer by his counsel. Then, by order of the committee, I asked him to take a
qualified oath as to where the books could be found. He declined to be sworn and sat mute.
Another general oath was tendered to him, not bepause the committee wanted lo ask him any
question, but to save a point which was raised by a member of the committee, that unless he was
sworn he could not be regarded as a witness. He refused to take both oaths, and the only object
of this proceeding is to secure the books. That is all.

Considerable debate followed, when Mr, Springer called for the reading of his
resolution, declaring the answer of Seward insufficient, and he in contempt,
which was done.

On seconding the demand for the previous question on this resolution, tellers
were ordered, and the House refused to second the demand, by yeas 107, nays
110.

Mr, Bundy offered a substitute for Mr. Springer's resolution, which directed
that the answer of Seward and all the papers and evidence in the case be referred
to the Judiciary Committee, with instructions to report at an early day what
action the House ought to take. The resolution was agreed to by yeas 112 to
nays 108. not voting 70, Mr, Garfield dodged .

On March 1st Mr, Springer raised a question of privilege to submit the report
of the committee in reference to the impeachment of George F. Seward.

184 GARriRLD CHAMPIONS GEORGE F. SEWARD.

Mr. Garfield raised the point of order that the House was then executing an
order under a suspension of the rules

Debate followed and the Speaker ruled that r. question of privilege tooK pre-
cedence of any other business.

Mb. Garfield: Then I raise the question of consideratiou upon it. The debate continued
with the usual dilatory tactics, terminating in a motion to take a recess till Itjr^ o'clock a. m. the
next day (Sunday). This motion was agreed to by yeas 89, nays 84, not voting 117. Mr. Garfield
(Christian Statesman) voted yes.

GARFIELD LABORED TO DEFEAT IMPEACHMENT.

On March 3d Mr. Springer resumed the floor on the privileged question for presenting articles
of impeachment against George F. Seward. The articles were read, as also were the views of
the mmority, opposing any further action by the House in the premises beyond a reference of the
matter to the Judiciary Committee. Mr. Springer moved the previous question on the original
resolution of impeachment, and also on the amendment offered by the minority; which was agreed
to and the main question ordered. It was the last legislative day. The filibustering to save
Seward was likely to succeed. Mr. Springer now held the floor, but Mr. Butler (Mass.) of the
Judiciary Committee claimed the right to make a report from that Committee concerning the re
solution of contempt which had been referred to Iheni, with mstructions to report at an early day.
Mr. Butler claimed that this was as much a privileged question as the impeachment matter. I
was a cognate subject. _ '■

A good deal of debate followed in which, in order to further delay and embarrass the proceedings
Mr. Garfield said: •

Permit me to eay a single word. I desire to call the attention of this House to the fact
that here is a proceeding begun in the first place by bringing a party before the house for contempt-
He is under arrest: he is under our custody, legally and technically. Our hand is upon him; he is
by us restrained of his liberty. Now, while that restraint is still upon him, while he is still not at
liberty, a proposition is made here to impeach him. Now, we on this side eay that the two propo-
sitions relating to this party are, first, the question of personal liberty; and, second, the judicial
proceeding against him. The personal liberty feature is the higher privilege and ought to be heard
first. A man ought to be free when we proceed to impeach him. To put him in jail is law; to
strike him while he is in jail, is to say that we will follow the law of Rhadamanthus, to punish and
then hear. That is not American law, and is not American liberty. The question of nis liberty
ought to be heard first.

This was mere buncomb. It had just been announced that Seward was dis-
charged from arrest.

The Speaker decided that the Springer resolutions of impeachment were of higher privilege
than the i)roposed report of Mr. Butler.
Mr. Banks appealed from the decision.
Mr. Springer moved to lay the appeal on the table.
Mr. Banks demanded the yeas and nays, which were ordered.

THEY TOOK THE RESPONSIBILITY.

After further debate and dilatory proceedings, Mr. Springer said:
If gentlemen on the other side wish to filibuster until the hour of adjournment to-morrow,
for the i)urpose of preventing one of their own party friends for being impeached for high crimes
and misdemeanors, they can do so, but they must take the responsibility for it before the country.

The filibustering continued, and finally took the shape of a motion by Mr.
Conger for a recess of 30 minutes, which was not agreed to. Yeas 17, nays 221,
not voting 52.

Gen. Garfield dodged this vote.

The House then voted on Mr. Bundy's substitute, referring the whole matter to
the Judiciary Committee, and it was rejected by yeas 99, nays 120, not voting 71.

Gen. Garfield voted yea.

More dilatory proceedings followed, and Mr. Conger demanded a separate vote
on the impeachment resolutions.

Gen. Garfield insisted on voting on the 17 articles of impeachment separately,
and then upon the resolutions of impeachment separately.

The Speaker ruled that tlie usual proceeding of the House in similar cases
must be followed; that is, to vote on the resolutions first and the several charges
afterward.

On the adoption of the; resolutions the Republicans left the House without a
quorum, the vote standing: yeas 109, nays 16, not voting 165. On this vote Gen.
Garfield went with the solid republican side and dodged.
A call of the House was ordered, and then withdrawn. Another vote was

GARFIELD CHAMPIONS GEORGE P. SEWARD. 186

then taken on agreeing to the resolutions, which disclosed another lack of a
quorum, the vote standing yeas 106, nays 2, not voting 182. Gen. Garfield
again dodged. There was more filibustering and sharp talk.

Finally, a compromise was effected by which the main question was recon-
sidered, and the subject was postponed untill 11 o'clock a. m.

This was the final disposition of the case. It was impossible to secure action
on the impeachment resolutions, because the Republicans would always leave tho
House without a quorum. Mr. Springer, knowing that ^there were important
measures on the Speaker's table necessary to be acted on, regular appropriation
bills, conference reports, and other important bills which it was imperatively
necessary to pass, did not desire to consume in a fruitless struggle the three re-
maining hours of the session. He had discharged his full duty in the premises.
He yielded to the inevitable, and the Republican party, with James A. Garfield
as one of its chief managers, took the responsibility before the country of saving
from impeachment an officer of the government, tainted with every kind of of-
ficial malpractice, guilty of numerous misdemeanors. To-day Gcorge F. Seward
is the representative of the United States to the Empire of China. The failure to
impeach him gave a fraudulent administration the opportunity it had longed for.
Seward went back to China, without even a film of whitewash to cover his mul-
titudinous oflficial misdeeds.

186 THE ELECTORAL COMMISSION.

THE ELECTOML COMMISSION,

GARFIELD S DOUBLE COURSE.

General Garfield as a member of the House of Eepresentatives in discussing
the Electoral Commission bill, and afterwards as a member of the Electoral
Commission, was inconsistent. It would be unnatural for him to be otherwise.
He believed that the bill as it was reported from the "Joint Select Committee of
the two Houses on Counting the Electoral Votes," and as it passed and became a
law, gave Congress and the Commission the right and the power to go behind
the returns. He feared the Commission would exercise this power. He knew if
it did, Mr. Tilden must be declared to have been elected President of the United
States, for Mr. Garfield, as one of the visiting statesmen to Louisiana, fully un-
derstood that Mr. Tilden had carried the electoral vote of that State. Therefore
he opposed the bill in the House of Representatives. In speaking of the power
this bill conferred, he said:

HE DECLARED IN THE HOUSE THAT THE LAW EMPOWERED THE COMMISSION TO
GO BEHIND THE RETURNS.

This bill creates and places in the control of Congress the enginery by which Presidents can
be made and nnmade at the caprice of the Senate and the House. It grasps all the power, and
holds states and electors as toys in its hands. It assumes the Hght of Congress to go down into the
Colleges and inquire into oil the acts and facts connected with their tvork. It assumes the right of
Congress to go down into the states to review the act of every officer, to open every tjallot box, and to
j)assjudqmentuj)on€very ballot cast by seven millions of Americans.''' * * * *

But double returns from a state arc to be f^ent to a mixed commission, consisting of an equal
number of members from each House of Congress and the Supreme Court. I'hat commission, is vir-
tually clothed with 2yoner to hear and determine the vote of any state, and its decision is the law,
finab and conclusive, unless both Houses shall concur in reversing the decree. * * * *

They may 'take into view such petitions, depositions, and other uapers, if anj', as shall by
the Constitution be competent and pertinent in such consideraiion.' They may also send for per-
sons and papers, because they have all the powers possessed by the two Houses or either of them,
and this House certainly has shown its power to send for persons and papers beyond any other of
its great powers.

The first test vote on the Electoral Commission came upon the question whether
it would receive evidence in the Florida case. By a vote of 8 to 7 the Commis-
sion—

Ordered, That no evidence will be received or considered which was not submitted to the Con-
vention of the two Houses by th * President of the Senate except sucti as relates to the eligibility
of F. C. Humphreys, one of the Electors.

The only thing the President of the Senate submitted to the Convention of the
two Houses was the certificates of Electoral votes.

HE WENT BACK ON HIMSELF AS A MEMBER OF THE COMMISSION.

In his opinion as a member of the Commission, on this question of receiving
evidence. General Garfield says —

Though I opposed the bill in the House and regarded it, as I still do, in conflict with the con-
stitutional plan of counting the electoral vote, my opinion was overruled by the two Houses : and
shall do all in my power to carry out the provisions of the act in its spirit and letter. And this
being one to correct the act itself to ascertain our powers and duties under it.

This law is based on the assumption that it is the right and the duty of the two Houses of Con
gress meeting together, to count the votes for President and Vice-President.

THE ELECTORAL COMMISSION". 187

It prescribes the order of proceeding to perform that duty. When the ccrtilicates of any state
are opened, if no objection be made, the votes of that state t-hall at once be counted. If objection
be made, two modes of procedure are provided, one for a single return, and another for a double
return. The two Houses pass upon objections to a single return ; this Commission is required to
act in cases of double returns. In either case the action is to be according to the Constitution and
the law. In each the object to be reached is to count the lawful votes of the state. The provisions
of the act which regulates the conduct of the two Houses in cases of single returns will throw
li<rht upon the duty of the Commission in cases of double returns. The first section of the act pro-
vides that in cases where there is but one return from a state, and an objection is made to the
count, the two Houses shall separate and each shall act upon such objection. The fourth section
provides that —

When the two Houses separate to decide upon an objection that may have been made to the
counting of any electorial vote, or votes, from any state, or upon an objection to a report of the
commissioners, or other questions arising under this act, each Senator or Representative may speak
to such objection or question ten minutes, and not oftener than once ; but after such debate shall
have lasted two hours it shall be the duty of each House to put the main question without further
debate.

A PUERILE ARGUMENT.

Can it be claimed that this provision implies the hearing of testimony and the trial of a contest ?
The whole time allowed to the two Houses to decide the gravest objections that may be raised to
the counting of the vote of any state or of any elector is but two hours ; and that brief period is
devoted, not to the hearing of evidences, but to debate. There is no provision in the section for
taking testimony or trying disputed questions of fact. The reasonable construction of the section
is that the tw^o Houses decide any question of law or any matter of informality which may appear
on the face of the certificate, opened by the president of the Senate. It has been said by an
honorable ■ member of the Commission that, in deciding upon an objection to a single return, the
two Houses may exercise their acknowledged power of inquiry by sending for persons and papers,
and may use testimony already taken by their committee ; but it must be remembered that the
contents of the certificates on which the objection is based, can be known by neither House nor by
any member of either House until it is opened in their presence ; for the objection provided for in
the act is " to any vote or paper from a state." Certainly it will not be claimed that any testimony
taken, before the contents of the sealed package are made known, can be lawful and valid testi-
mony to sustain an objection made afterward. Such testimony might be ex pane, misleading and
false ; and yet in the two hours allowed by the bill it might be wholly impossible to procure evi-
dence to overcome it.

As a member of the House General Garfield declared upon liis honor that the
law which created the Commission conferred the power to "go down into the
states and review the act of every officer to open every ballot box, and to pass
judgment upo'.i every ballot cast by seven millions of Americans." * * *
"That the commission is virtually clothed with power to hear and determine the
vote of any state." * * * " They miy also send for persons and papers,
because they have all the powers possessed by the two Houses or citner of them."
Comment on such inconsistency certainly is unnecessary. The order made in the
Florida case was repeated in the Louisiana case by the same 8 to 7 vote, General
Garfield of course voting with and making up the eighth.

GARFIELD CALLED TO ACCOUNT.

Mr. Hewitt, of New York, said : "Although I am physically in no condition to
address the House, I feel nevertheless that I have a duty, a painful duty to per-
form which can no longer be deferred. The decision rendered this day is the

COMPLETION OF THE FRAUDULENT SCHEME

for coimting in a President who was not elected, and for counting out a President
who was elected by the votes of the people of this country. The consummation
of this scheme was a foregone conclusion from the hour when the decision in the
Florida case was rendered. It is not to be disguised that there is in this country
a deep-sdatcd feeling of injury, a keen sense of wrong. It comes up from the
heart of the people, from every class ; from the lawyer, the doctor, the clergy-
man, as well as from the farmer, the mechanic, and the laborer. I have been
overwhelmed by letters from every part of the country appealing to me to do
something that would make this outrage a nullity. These people feel, not that they
have lost the fruits of victory ; that is not what stirs their indignation— they feel that
they were willing to confide their case to a just tribunal ; that they did confide
their case to a tribunal whose judgment is not a jast one ; that they and the
members of this House who voted for that tribunal, and the members of the com-

188 THE ELECTORAL COMMISSION.

mittee who framed the bill creating it, have been deceived. They ask me where
the responsibility lies. They ask me whether this feeling is well founded ; I am
compelled to say that it is. It is my purpose in the few minutes that I now have
<o try to fix that responsibility. " * * * *

THE RESPONSIBILITY FIXED.

"Now as to the three judges. I propose to say only this : they took no part in
the formation of this measure ; they made no request to sit upon this tribunal ;
they were put there, so far as we know, without their consent, and probably
against their will. Their action, therefore, is to be judged not by us, but by a
higher tribunal, to whom they must render their account at the last. In regard
to the other members of that tribunal, they are to be judged by the record which
they have made in committee and in the discussions of the two Houses. Of
Judge Edmunds I desire to bear witness that at no time to my knowledge did he
express an opinion as to the power of this Commission to go behind the returns.
It might possibly have been inferred from his actions on previous occasions that
he entertained the view that the two Houses of Congress could go behind the
retiirns ; but neither in his speech on the bill nor elsewhere do I know that he
ever expressed that view. Mr. Frelinghuysen undoubtedly expressed the opinion
that there was no such power.

MR. GARFIELD'S POSITION.

"Mr. Garfield in the discussion in this House unquestionably expressed the
opinion that there was such power. Mr. Morton, in the discussion in the Senate,
undoubtedly expressed the opinion that it was the bounden duty of the tribunal
to go behind the returns. In replying to the Senator from Ohio (Mr. Thurman)
he stated in unmistakable language that the Senator from Ohio had declared that
it was the judgment of every Democratic member of the House and of the Senate
that there was power to go behind the returns, and without this power the bill,
could not have received a single Democratic vote in either House ; and it was tho
judgment of every Democrat who sat upon the committee that there was such
power. {Record Forty-fourth Congress, second session, vol. 5, part 3, page 1914.)

GARFIELD THE CHIEF OF THE CONSPIRATORS.

HE WAS COUNSEL, CONGRESSMAN AND JUDGE.

Garfield's nomination means the indorsement and apjjroml in the most posiiive and
offensive manner possible of the presidential fraud of 1876-77. Ue had more to do
with it than any other man, and was tJie only man icho occupied toward it a double
relation. After the election Garfield loent to New Orleans by request of Gen. Grant,
witliout authority oflaio, as a partisan. He icent there to assist his party in making
up a case, and after his return to Washington, of all his associates he ims the only
man who took his seat upon the Electoral Commission. By every sentiment of fair
play he should have been excluded from the jury box. By his oicn sworn statement of
what he did in New Orleans, Garfield had charge of the returns from West Feliciana
2)arish. In one of the inner rooms of Packard's Custom House lie did his work, ex-
amined the affidavits,^ and when they were Twt sufficiently full, he prepared or had
prepared additional interrogatories to bring tliem within the rules adopted by the re-
turning board. The testimony, so received by Garfield, went back to the returning
board, and the result was that West FeHciana with its Democratic majority was
thrown out. In Washington, Garfield's vote was that Congress could not go behind the
returns thus made. As arjentfor his party he helped to make returnsby manipulating
the evidence ; and as juryman for the nation he held such evidence as conclusive and
binding.

THREE MONSTKOUS GKIEVANCES. 189

THREE MONSTROUS GRIEVANCES.

I. TROOPS AT THE POLLS. II. PARTISAN JURY LAWS. III. PARTISAN ELECTION
LAWS — GEN. GARFIELD'S DEVIOUS COURSE — HIS INCONSISTENT RECORD.

A majority of the people of the United States, represented by the Democratic
majority in Congress, complained of , and demanded the redress of threejnonstrous
/grievances :

First. The power conferred, by section 2002 I^vised Statutes, upon, and exer-
cised by, the Executive Department of the government, to use the military and
naval forces of the United States "to keep the peace at the polls."

Second. The power conferred, by sections 820 and 821, Revised Statutes, upon,
and exercised by, the Judicial Department of the government, to pack juries,
and thereby interfere with and pervert the administration of justice.

Third. The power conferred by sections 2016, 2017, 2018, 2019, 2020, 2021,
2022, 2023, 2024, 2025, 2026, 2027, 2028 and 2031 and 5522 Revised Statutes, upon,
and exercised by Federal officers, appointed by irresponsible partisans, to inter-
fere with state elections, and to intimidate, persecute and control duly qualified
electors of the state.

The Democratic majority in Congress proposed to redress these grievances by
amending the sections of the Revised Statutes which made this possible. We
print the sections with the parts to be repealed in italics.

Section 2002, Revised Statutes, is as follows:

Sec. 2002. No military or naval officer, or other person engaged in the civil, militar)', or naval
service of the United States, shall order, bring, keep, or have under his authority or control, any
troops or armed men, at the place where any general or special election is held in any state, unless
it be necessary to repel the armed enemies of the United States, or to keep t?ie peace at tliepoJZs.

JURY LAWS TO BE REPEALED.

Sections 820 and 821, Revised Statutes, are as follows:

Sec. 820. TJiefdlmving shall be causes of disqualification and challenge of grand and petit jurors
in the courts of the United States, in addition to the causes existing by virtue of section eight hundred
and twelve, namely: WitJimit duress and coercion to have taken up arms or to have joined any inmr
rection or rebellion against the United States ; to have adhered to any insurrection or rebellion, giv-
ing it aid and comfort; to have given, directly or indirectly, any assistance in money, arms, horses,
clothes, or anything tvhatever, to or for tlie use or benefit of any person wliom the giver of such assist-
ance knew to have joined, or to be about to join, any insurrection or rebellion, or to have resisted, or
tobe about to resist, with force of arms, the execution of the laivs o^ the United States, or whom Tie
hadgood ground to believe to have joined, or to be about to join, any insurrection or rebellion, or to
have resisted, or to be about to resist, with force of arms, the execution of the laws of the United
States; or to have counseled or advised any person to join any insurrection or rebellion, or to resist
with force of arms the laws of the United States.

Sec. 831. At every term of any court of the United States the district attorney, or other person a/it-
ing on behalf of the Untied States in said court, may move, and the court, in their discretion, may
require the clerk to tender to every person summoned to serve as a grand or petit jiiror, or venireman
or talesman, in said court, thefoUowing oath or affirmation, natnely: " You do solemnly s^wear {or

190 THREE MOXSTEOUS GRIEVANCES.

affirm) that you tvill support the Constitution of the United States of America; that you have not,
tvithx>ut duress and constraint, taken vp arms or joined any insurrection or rebellion against the
United States; that you have iwt adhered to any inswyvction or rebellion, giving it aid and co-ivfort;
that you have not, directly or indirectly, given any assistance in money or any other thin:;, to any
perzon or persons whorn you TcneiD, or had good ground to believe, to have joined- or to be about to
join, said insurrection or i^ebelllon, or to have resisted, or to be about to resist, withfoixe of arms, the
execution of the laws of tlie United States; and that youJiave not counseled or advised any person' to
join any insurrection or rebellion against, or to resist with force of aiins, the laws of the United
States.''' Any 2)erson declining to take said oath shall be discharged by the court from serving on the
grand or petit jury, or venire, to which he may have been summoned,

SECTIONS OF FEDERAL ELECTION LAWS TO BE AMENDED.

Sections 201G to 2028 and 2031 and 5522, Revised Statutes, are as follows:

Sec. 2016. Th£ supervisors of election, so appointed, are authorized and required to attend at all
times and places fixed for the registration of voters, who, being registered, woidd be entitled to vote for
a rejjresentative or delegate in Congress, and to challenge any person offering to register; to attend
at all times and places when the names of registered voters may be marked for challenge, and to
cause such names registered as they may deem proper to be so marked; to make, when required, the
lists, or either of them, provided for in section two thousand and twentrj-six, and verify the same;
and upon any occasion, and at any time when in attendance upon the duty herein prescribed, to
personally inspect and scrutinize such registry, and for jmrposes of identification to affix their sig-
nature to each page of the anginal list, and of each copy of any such list of registered voters, at such
times, upon each day wJien any name may be received, entered, or registered, and in such manner as
will, in their judgment, detect and expose the improper or wrongful removal therefrom, or' addition
thereto, of any name.

Sec. 2017. The supervisors of election are atithorized and required to attend at all times and
places for holding elections of representatives or delegates in Congress, and for counting the
votes cast at such elections; to challenge any vote offered by any person whose legal qualifications
the supervisors, or either of them, may doubt; to bo and remain where the ballot-boxes are kept at
all times after the polls are open until every vote cast at such time and place has been counted, the
canvass of all votes polled wholly completed, and the proper and requisite certificates or returns
made, whether the certificates or returns be required under any law of the United States, or any
State, territorial, or municipal law, and to personally inspect and scrutinize, from time to time,
and at all times, on the day of election, the manner in which the voting is done, and the way and
method in which the poll-books, registry-list, and tallies or check-books, whether the same are
required by any law of the United States, or any state, territorial, or municipal law, are kept.

Sec. 2018. To the end that each candidate for the office of representative or delegate in Congress
may obtain the benefit of every vote for him cast, the supervisors of election are, and each qf them is,
required to personally scrutinize, count, and canvass each ballot in their election district or voting
xyrecinct cast, ivhatever may be the indorsement on the ballot, or in whatever box it may have been
placed or be found; to make and forward to the officer ivJw, in accordance ivith the jyrovisions of sec-
tion two thousand and twenty-five, has been designated as tlie chief s^xpervisor of the judicial district
in which the city or town wherein they may serve, acts, such certificates and returns of all such bal-
lots as such officer may direct and require, and to attach to the registry list, and any and alt copies
thereof, and to any certificate, statement, or return, whether the same, or any part or portion tliereof,
he required by any laiv of the United States, or of any state, territorial, or municipal laiv, any state-
ment touching tlie truth or accuracy of tlie registry, or the truth or fairness of the election and can-
vass, tvhich the supervisors of the election, or either of them, may desire to make or attach, or which
should properly and honestly be made or attached, in order that the facts may become known.

Sec. 2019. The better to enable the supervisors of election to discharge their duties, they are au-
thorized and directed, in their respective election districts or voting precinct?, on the day of regis-
tration, on the day when registered voters may be marked to be challenged, and on the day of elec-
tion, to take, occupy, and remain in such position, from time to time, whether before or behind
the ballot-boxes, as will, in their judgment, best enable them to see each person offering himself
for registration or offering to vote, and as will best conduce to their scrutinizing the manner in
which the registration or voting is being conducted; and at the closing of the polls for the recep-
tion of votes, they are required to place themselves in such position, in relation to the ballot-
boxes, /or the jmrpose of engaging in the v:crrk of canvassing tlie ballots, as will enable them to fully
perform the duties in respect to such canvass provided herein, and shall there remain until every
duty in respect to such canvass, certificates, returns and statements has been wholly completed.

Sec. 2020. Wlien in any dection district or voting pirecinct in any city or town, for ivhich there
have been appointed supervisors of election for any election at which a representative or delegate in

THREE MONSTROUS GRIEVANCES. 191

Congress is voted for, the supervisors of election are not aUowed to exercise and discharge, fully and
fredy, and without bii.hery, solicitation, interference, hindrance, molestation, violence or thrats
thereof, on the part of any person, all the duties, obligations, and powers conferred upon them by laiv,
the supervisors of election shall make prompt report, uyiCer oath, within ten days of ter the day of
election to the officer who, in accordance with the j^rovisions of section two tlumsand and twcnty-flve,
has been designated as the chief supervisor of the judicial district in which the city or town wherein
they seized, acts, of the manner and means by which they were not so allowed to fully and freely cjo-
ercice and discharge the duties and obligations required and imijosed herein. And upon receiving
any such repwt, the chief supervisor, acii ig both in su:h capzci'y and officially as a commissioner of
the Circuit Court, shall forthwith examine into all the facts; and he shall have power to subpoena
and compel the attendance before him of any witness, and to administer oaths and take testim/my in
respect to the charges made; and, 2)rior to the assembling of the Congress for which any swh repre-
sentative or delegate was voted f07\ he shall file with tJie clerk of the House of Representatives all the
evidence by him taJxn, all information by him obtained, and all reports to him made.

Sec. 2021. Whenever an election at which representatives or delegates in Congress are to be clvosen,
is held in any city cr town of twenty tJiousand inhabitants or upward, the marshal for the distnct in
which the city or toxon is situated shall, on the application, in ivriting, of at least two citizens resid-
ing in such city or town, appoint special deputy marshals, whose duty it shall be, when required
tJiereto, to aid and assist the supervisors of election in the verification of any lists of persons ivho may
have registered or voted; to attend in each election district or voting precinct at the times and places
fixed for the registration of voters and at all thnes or places when and ivhere the registration may by
law be scrutinized, and the names of registered voters be marked for challenge; and also to attend,
at all times for holding elections, the polls in such district orprednct.

Sec. 2022. The marshal and his general deputies, and such sj)ecial deputies, shall keep the peace,
and support and protect the supervisors of election in the discharge of their duties, pre-
sej'va order at such places of registration and at such pdls, prevent fraudulent registration and
fraudulent voting thereat, or fraudulent conduct on the part of any officer of election, and immediate-
ly, either at theplace of registration or polling place, or elsewhere, and either before or after register-
ing or voting, to arrest and take into custody, with or without 2^focess, any person who commits, or
attempts or offers to commit, any of the acts or offenses prohibited herein, or ivJio commits oj,
against the laws of the United States; but no person shall be arrested witliout process for any q^
not committed in the presence of tJie marshal or his ge7ieral or special deputies, or either of them, or
of the supervisors of election, or eitlier of them, and, for the purposes of arre-t or the preszrvation cf
Uie peace, the supervisors of election shall, in the absence of tlie marshal's deputies, or if required to
ascist such deputies, have the sarne duties and poolers as deputy jnarshals; nor shall any person, on
the day of such election, be arrested without process for any offense committed on the day of registrar
tion.

Sec. 2023. Whenever any arrest is made under any provision of this title, th£ person so arrested
shall forthwith be brought before a commissioner, judge, or Court of the United States for examina-
tion of the offenses alleged against him; and stich commissioner , judge, or Court shall p7-oceed in re-
spect thereto as authorized by law in case of crimes against the United States.

Sec. 2024. T/ie marshal or' his general deputies, or such special deputies as are thereto sjyeciaUy
empowered by Mm, in tvriting, and under his hand and seal, whenever he or either or any of them is
forcibly resisted in executing their duties under this title, or shall, by violence, threats, or meriaces,
be prevented from executing such duties, or from arresting any person who has committed any offense
for which the marshal or his general or his special deputies are authorized to make such ai^est, ar^,
and each of them is, empmoered to summon and call to his aid the bystanders or posse comitatus of
his district.

Sec. 2025. The Circuit Courts of the United States for each jtididal circuit shall name and appoint,
on or before the first day of May, in the year eighteen hundred and seventy-one, and thereafter as va-
cancies may from any cause arise, from among the Circuit Court Commissioners for each judicial
district.in each judicial circuit, one of such officers, who shall be known for the duties required of him
under tJds title as the chief supervisor of elections of the judicial distHct for which he is a commis-
sioner, and shall, co long as capable and faithful, discharge the duties in this title imposed.

Sec. 202G. The chief supervisor shall prepare and furnish all necessary books, forms, blanks, and
instructions for the use and direction of the supervisors of election in the several cities and towns in
tJieir respective districts; Jie shall receive the apiMcation of all parties for appointment to such posi-
tions; vj)Gn the opening, as contemplated in section tico thousand and twelve, of the Circuit Court for
the judicial cirruit in which the commissioner so designated acts, he shall present such applications to
the judge thereof, and furnish information to him in respect to the appointment by the Court cf such
supervisors of election; he shall require of the supervisors of election, when necessajy, list^ qftheper-
sons who ?nay register and vote, cr either, in their respective election districts or voting precincts, and
cause the names cf (hose upon any such list whose right to register or vote is honestly doubted to be

192 THREE MONSTROUS GRIEVAXCES.

verified by proper inquiry cmd examination at the repective places by them assigned as their resi-
dences; and he shall receive, preserve, and file all oaths of office of supervisors of election, and of oil
specicd deputy marshals appointed under the provisions of this title, and all certificates, returns, re-
"i-orts and rccwds of every kind and nature contemplated and made requisite by theproviskms hereof,
save vjhcre oiaertoise herein specially directed.

Sec. 2027. All United States marshals and commissioners w1w in any judicial district perform
any duties under the preceding prorcisions relating to, concerning, or a^ecting tJie election of represent-
atives cr dele jates in tJie Congress of the United States, from tim?. to time, and, with all due dili-
gence, shallforivard to the chief supervisor in and for their judicicd district, all com2}laints, examina-
tions, end records ])ertaining thereto, and all oatlis of office by them administered to any supervisor
ofelccticn cr epccial deputy marshal, in order that the same may be properly preserved and filed.

Sec. 2028. No person shall be appointed a supervisor of election or a deputy marshal, under the
preceding provisions, who is not, at the time of his appointment, a qualified votei of the city, town,
county, iiarish, election district, or voting precinct in which his duties are to be performed.

Sec. 2031. TJicre shall be allowed and i)aid to the cJiief supervisor, for his services as such officer,
thefollorving compensation, apart from and in excess of all fees (dlowed bylaw for the perforviance of
any duty cs Circuit Court Commissioner: For filing and caring for every return, repoi^t, record,
document, or other paper required to be filed by Mm under any of the preceding provisions, ten cents;
far affixing a seal to any paper, record, report, or instrument, twenty cents; for entering and index-
ing the records of Ids office, fifteen cents j)erfdio; and for arranging and transmitting to Congress, as
provided for in section two thmtmnd and twenty, any report, statement, record, return, oi- examina-
tion, for each folio, fifteen cents; and for any copy thereof, or of any paper on file, a like sum. And
there shall be allowed and paid to each supervisor of election, and each siyecial deputy marshal ^vho
is appointed and performs his duty under the preceding provisions, compensation at the rate of Ave
dollars pc^r day for each day he is actually on duty, not exceeding ten days; but no compensation shall
be allowed in any case, to supervisors of election, except to those appointed in cities or towns of
twenty thousand or more inhabitants. And the fees of the chief supervisors shall be pc:i:l at the
Treasury of the United States, such accounts to be made out, verified, examined and certified as in
the case of accounts of co?nmissionei's, save that the examination or certificate required may be made
by either the circuit or district judge.

Sec. 5522. Evei'y person, whether with or tvithout any authority, 2)0^1^' or process, or pretended
autlmrity, power, or process, of any state, territory, or municipality, who obstructs, hinders, assaults,
w by bribery, solicitation or otherwise, interferes with or prevents the supervisors of electkyn, or
either of them, or the marshal or his general or sjjccial deputies, or either of them, in the performance
of any duty required of th^m, or either fthem, or which he or they, or either of them, may be au-
tliorized to perform by any law of the %ited States, in the execution of process or otherwise, or vjho
by any of the means befoT'e mentioned hinders or perverts the free attendance and presence at such
placesof registration or at such jidls of election, or fuU and free access and egress to and from any
such place of registration or poll of election, or in going to and from any such place of
registration or 2>oll of election, or to and from any room, where any such registration or
election or canvass of votes, or of making any returns or certificates tliereof, may be had, or whx) m.o-
lests, interferes with, reynoves, or ^ectsfrom any such place of registration or poll of election, cr of
canvassing totes cast thereat, or of making returns or certificates thereof, any s2ipervisor of election,
tlie marshal, or his general or special dejtuties, or either of them; or who threatens, or attempts, or of-
fers so to do, or refuses or neglects to aid and assist any supervisor of election, or the marshal or his
general or' special deputies, or' either of them, in the performance of his or tJieir duties, when required
by him or them, or either of them, to give such aid and and assistance, shall be liable to instant arrest
without process, and shall be punished by imprisonment rwt mx)rethan two years, or by a fine of not
more than three thousand dollars, or by both such fine and imprisonment, and shall ptay the cost of
the prosecution.

THE HISTORY OF TROOPS AT THE POLLS.

The liistory of section 2003 is as follows : During the war and after the war in
the early reconstruction period the military interfered in the border states with
elections. This was particularly the case in Delaware, Maryland, West Vir-
ginia and Kentucky. Subordinate army officers took possession of the polls and
arbitrarily supervised elections and in their discretion directing ballots to be re-
ceived or rejected. These occurrences took place in states where the reconstruc-
tion acts were not in force and where the civil authority was unobstructed by
disloyal persons and where it ought to have been superior to the military power.
These illegal and high-handed acts excited the just indignation of all classes, and
when reported to Congress were defended by no one. To stop their recurrence

THREE MONSTROUS GRIEVANCES. 195

Senator Powell of Kentucky introduced at the first session of the Thirty-eighth
Congress a bill to prevent military interference in elections in the states. He
desired to have it go to the Judiciary Committee, but the Republican majority
sent it to the Military Committee. This was in 1864, when the war fever was
still at a white heat. It was claimed that the rebellion was not yet at an end,
that a spirit of defiance still existed even in the border states of the South toward
the federal authority, and that it would be unwise to lift entirely the heavy hand
of military restraint. The Military Committee of the Senate reported adversely
upon Senator Powell's bill, and, after much discussion, it was informally laid
aside. On June 22, 1864, Senator Powell again called it up, and after amend-
ment, it was passed. The essential portion of the bill, as Senator Powell pro-
posed it, was as follows :

"That It shall not be lawful for any military or naval officer of the United
States, or other person engaged in the civil, military or naval service of the United
States, to order, bring, keep, or have under his authority or control any troops or
armed men within one mile of the place where any general or special election is
held in any state of the United States of America, unless it should be necessary
to repel the armed enemies of the United States."

Senator Pomeroy, of Kansas, successfully moved to amend the clause by adding
"or to keep the peace at the polls," whereupon Mr. Powell said : " I object to
that. It would destroy the effect of the bill. The state authorities can keep
peace at the polls." And Senator Saulsbury, of Delaware, said : " That is the
very pretext on which these outrages were committed in my state, and it is the
very same pretext that will be put forward again. "

Senator Pomeroy claimed that the troops had been used in the territory of
Kansas ostensibly to preserve the peace at the polls, and he thought the Demo-
crats should be chary of legislating now altogether to prohibit the use of troops
really to preserve peace at the polls.

Senator Howard, of Michigan, of the Committee on Military Affairs, explained
that the adverse report from his committee was upon the ground that it is not the
right of an enemy of the country to vote or exercise any political functions,
whether that enemy be a rebel, a traitor in arms against the country, and hence
a domestic enemy, or whether he be a public enemy, owing allegiance to a foreign
government. This, he said, was the doctrine of his report. "But," he con-
tinued, "in respect to all persons who are friends of the government, but who
may happen to differ upon questions of administration, the report does declare,
very properly, certainly, that there should be no interference, either of the mili-
tary or other persons, in the free enjoyment of that valuable privilege."

There had been interference on the part of the military in elections in the
border states of Delaware, Maryland and Kentuck}*, states that were not in
rebellion, states where a decided majority of the people were Union in faith and
practice. It was to forbid the employment of the federal troops for such pur-
poises in those states that this law was proposed, and upon which this discussion,
as epitomized above, was had in the Senate on the 22d day of June, 1864, twelve
days before the victory was won by the Union troops over the rebels at Gettys-
burg. While this very discussion was going on in the Senate, Lee's army was
across the Potomac, and his cavalry was raiding into Pennsylvania. But even at
this critical period, Republican Senators like John P. Hale and Henry Wilson,
voted against Pomeroy's amendment " to keep peace at the polls." This amend-
ment, however, was adopted, and the Democrats satisfied that they had obtained
all that they could hope for — the concession of the principle which Howard's

13

194 THREE MONSTROUS GRIEVANCES.

report made, that the presence of troops at the polls was not to be justified save
to exclude the public or domestic enemies of the United States from the right of
suffrage — were content to accept a substantial gain, the positive inhibition of the
presence of troops within a mile of the poll 3, save to quell actual riot. The bill
passed the Senate as amended by Pomeroy, by a vote of nineteen to thirteen —
Hale, Lane of Kansas, Pomeroy, Trumbull, Ben Wade, Grimes, Willey, stalwart
Republicans of that day, voting in the affirmative. There was a subsequent
attempt to reconsider the bill in the Senate, but it failed ; and at the next session
of the Thirty-eighth Congress it passed the House, and was approved by Presi-
dent Lincoln on February 25, 1865.

The intent and purpose of this law was to restrict the power of the military
and forbid their interference at the polls. The concession which the radical
leaders made, the relief which the people of the border states thereby obtained
was so great the Democrats in the Senate and House were willing, temporarily,
to yield the proviso " or to keep the peace at the polls." They, however, did not
concede this as a constitutional right of the executive power, they said then that
it was a dangerous innovation, but they never dreamed that these eight words
" or to keep the peace at the polls " would afford an opportunity to an adminis-
tration to use almost the entire military establishment for partisan election pur-
poses in the Southern states, as was done in 1876, or to make preparations to use
the army and navy in the city of New York as was done in 1870.

HISTORY OF THE JURY LAWS.

Sections 820 and 831 are a part of the war legislation and of the reconstruction
measures. They were a part of the extraordinary machinery provided for the en-
forcement of the Fourteenth Amendment. They were so manifestly unjust, un-
necessary and so liable to be improperly used for partisan or arbitrary purjDoses,
that a Republican Congress in 18 — repealed them. They were re-enacted and be-
came sections 820 and 821 of the Revised Statutes by a trick or a mistake, which
no one has ever been able to discover. The Revised Statutes being, as it was sup-
posed, a compilation of the Statutes then in force and unrepealed was enacted as
one huge law in 1874. They were the work of two or three commissions, and were
accepted by Congress upon the indorcement of the Committee on Revision of
Laws — that they contained nothing, not a line or a letter wliich was not then the
law of the land. In the Senate this huge compilation was passed without being
read, without even removing the wrapper in which it came from the printing
office. It is well known that there were the most serious errors, willful or
otherwise, and that great interests were imperiled thereby. Many of these addi-
tions and omissions very possibly were accidental. Two distinguished Republi-
can lawyers were employed and paid $10,000 each to revise the revision. . The
law directed that the revised revision should be mrhitim et literatim et punctuatum
the language of the Statutes at Large, which were unrepealed, but with the modi-
fications necessary to conform them to, amendatory acts subsequently passed.
These "two eminent lawyers employed two incompetent persons, one a huckster,
the other nothing in particular, neither having the slightest qualification for the
important work, to make the revision of the revision. Whether by the ignorance
of these incompetents, or by design, only one thing is certain — sections 820 and
821 slipped into the Revised Statutes and were re-enacted in 1874.

INTERESTING HISTORY OF FEDERAL ELECTION LAWS.

Sections 2016 to 2028 and 2031 and 5522 are part of the Federal Election Laws.
Their history is interesting. They were framed under the direction of a shrewd

THREE MONSTROUS GRIEVANCES. 195

lawyer, but John I. Davenport appears to have conceived the idea and with other
persons employed by the Union League Club, of New York city, to have sug-
gested the ingeniously oppressive and expensive features. Davenport is un-
scrupulous, ingenious and energetic. The laws were intended to serve the
lowest partisan ends, but they were chiefly designed to put money in Davenport's
pocket. They have served both purposes admirably well. Prior to 1868 Federal
Election Laws were unknown.

Report No. 800, House of Reprepentatives, first session, Forty-fourth Congress,
furnishes the history of the conception, formation and presentation of these laws
to Congress. Mr. Samuel J. Glassey, a lawyer of New York city, who was ex-
amined by the Committee on Expenditures, in the Department of Justice, of
the Forty-fourth Congress, testified :

WHERE AND HOW THE LAWS ORIGINATED.

The Union League Club, on the eveninsjof Thursday, the 5th of November, 1868, appointed a
special committee to take measures to have an investigation made into the frauds alleged to have
been committed at the election held on the Tuesday of that week, two days before. That com-
mittee was composed of five or six prominent members of the club, all geutlemen well known in
the community; and at the instance of that committee, I was retained one or two days afterward
to act as counsel for the Union League Club to conduct that investigation. General John A. Fos-
ter, a well-known lawyer of this city was about the same lime retained as my associate. He and I
had a consultation together on the day after we were respectively informed that we had been
selected to do that work, and arrived at an understanding between ourselves as to the manner in
which it should be done, the objects to be sought, the methods to be pursued, and immediately
put ourselves in communication with the committee.

All those concerned in pressing the investigation were active Republicans, and we looked for
Democratic frauds, although we invited by public advertisement information as to frauds perpe-
trated by both parties.

By Mr. Cochrane : Q. State what you know, without going too much in detail ?

A. Two acts of Congress, passed during the session of 1870, one in May and the other in
July, were the result of a comparison of some eight or ten bills which the different members of the
two different Houses had prepared and introduced on their own motion, with the bills drafted to
accomplish the same object. Mr. Davenport, in this same employment, acting under the direc-
tions of the club committee, and especially of myself and General Foster, was sent to Washington,
his expenses being paid and he receiving compensation for his services, to attend to the urging of
these bills. In the winter of 1870 and 1871, the club resolved that some further legislation was nec-
essary on the subject, and in December of 1870 or January of 1871 Mr. Davenport wenc to Wash-
ington again, and while he was there this act of February 28, 1871, was passed. The concoction of
that bill 1 had very little to do with. Some part of it was drafted by Mr. Davenport. I very dis-
tinctly remember reading over the section relating to fees. The two previous acts of Congress,
those passed in May, 1870, and July, 1870, I knew all about.

Q. What did he say to you about that section in reference to fees ?

A. That if he could get that clause in it would enable him to make $15,000 or $20,000 at the time
of every general eleciion. It is proper to say that these first two bills that were passed in 1870
were very carefully considered, not only by General Foster and myself, but by several prominent
lawyers, who were members of the club, and several members of Congress and other persons of
prominence.

Q. Was he not appointed supervisor in 1871 ?

A. Yes, sir ; I think so, but my business relations with him closed within a very few days after
that, and I don't think that 1 was aware that he had actually received the appointment when I dis-
solved the partnership. Down to the 1st of May, 1871, there had not been opportunity or occasion
for any action, officially or otherwise, on his part, in relation to elections, after the eleciion held in
the fall of 1870. He held no office that warranted any action on his part ni reg:ard to elections in
any' way, shape or manner. The act passed on the 2Sth of February, 1871, was in great part of his
dcsiirning— he prepared it, and at the instance of the Union League Club he v/ent to Washington
and attended to its passage. Some time during the spring of 1871, whether before or after the 1st
of May 1 can't now distinctly recollect, I heard that he was obtaining information from the census
marshals for use at elections.

DAVENPORT'S PECUNIARY INTEREST.

The Committee on Expenditures in the Department of Justice in their report
to the House say :

After taking Whitley's (who wa? chief of the secret service) testimony on the 23d March, 1876,
the committee recalled him about the 13th of April, and he te^stified that he was ordered first by
Attorney-General Akerman and afterwards by Attorney-General Williams to pay to Davenport the
money out of this $50,000 annual appropriation ; that in 1871 he paid him $.5,000; in 1872, during
the presidential campaign, he paid liim $20,000, and afterward, in the next year, $4,(X)0, making in
all $34,000. He says he did not know what Davenport was to do with the money, but he always
objected to paying it to him. He testified that the attorney -general told him he had received a re-
quest from the President to pay it to Davenport, and he (Whitley) therefore obeyed orders. He
said Davenport was a politician in New York, and was in no way connected with him in thj secret
service department.

Notwithstauding the payment of $34,000 of government money out of the Ku-klux fund to Dav-
enport, there is not the slightest evidence In the Attornej^-General's Office or any department

196 THREE MONSTROUS GRIEVANCES.

of tlie government to show that he ever received a dollar of this fund for any purpose (see page-
28, part 2).

Your committee is much impressed with the conviction that Mr. Davenport was not wholly un-
selfish in the interest he took in the passage of these laws, as we find that as soon as the laws were
passed he was called upon to fill the chief oftices created by them, until now he holds no less thau
four offices, to wit. : United States commissioner, chief supervisor of elections, clerk United States
circuit court, and master in -chancery.

The first of these laws which Mr. Davenport saj's he was instrumental in having passed is the
enforcement act of May 3, 1870. This law is made to provide in section 9 for an increase in the
number of Uuited States commissioners, and in section 12 for their fees.

Mr. Davenport says (page 42), in answer to the question, "How long have you been United
States commissioner ?" '• Some time in 1870, 1 think about August ;" just after the passage of the
law. The next law which he was instrumental in passing, as he says, is the act to amend the natu-
ralization law«, which provides in section 5 for the appointment of supervisors of elections.

The next act which he is instrumental in passing is the law to amend an act " to enforce the
right of citizens to vote,'' wherein it is provided, in s-ection 13, that the court shall appoint one of
these United States commissioners chief supervisor of elections. This act was approved February
28, 18ri. Mr. Davenport is asked (page 42), "How long have you been chief supervisor of elec-
tions ?" He answered, "Ever since the law passed, which, I think, was on February 28, 1871."

Mr. Davenport says that the aforesaid act (under which he was appointed chief supervisor) was
amended by the act of June 10, 1872, chapter 415, volume 17, at his expense of $80 for telegraphing
to and from Wjtsliin-iton.

It will be remembered that June 10, 1872, was at the beginning of the presidential campaign of
1872.

This amendment, procured by Davenport, under the head of "judiciary," as he says, provides
" for defraying the expenses of the courts, &c., for juror* and witnesses," &c., "and for the ex-
penses which may be incurred in the enforcement of the act relative to the rights of the citizens to-
vote." of February 28, 1871 (providing for the appointment of chief supervisors), as above given,
" $3,200,000; of which sum $200,000 shall be available for the present fiscal year."

Under the same head, page 3.50, and in the same law, is the appropriation of the sum of $50,000,
to be expended under the direction of the attorney -general, for what is known as the Ku-klux
fund, for the "detection and prosecution of crime," <fcc.

We find Davenport, one month after this, gets from Whitley as shown by his receipt, $5,000;
on the 26th of September, $10,000; October 11, $5,000; in all $20,000, during the presidential cam-
paign of 1872.

In addition to this, the testimony shows (see page 142) that, in the winter of 1871 and 1872, Dav-
enport got from the committee of seventy between $8,0 0 and $10,000 "for services performed.''
In addition to this sum we find that Mr. Davenport rendered a bill to the government for the elec-
tion of November, 1872, whicli is given on page 34, for $18,030.35. This bill is for expenses incurred
for payments to himself, which are provided for by the law of February 28, 18T1, section 14. which
he was instrumental in having passed, fixing the fees of chief supervisor, and which is as follows :

In the matter of the account of John I. Davenport, as chief supervisor of elections southern dis-
trict of New York, for services rendered and expenses incurred at the election held on the 5th day
of November, 1872, at which representatives in Congress were choseu.

The United States to John I. Davenport, chief mpervisor of elections.
For services :
To filling 2,141 applications for appointment as United States supervisors, at ten cents

each $214 10

To administering 3,888 oaths to supervisors and deputy marshals, at ten cents each 388 80

To filling 3.888 oaths of supervisors and marshals, at ten cents each 388 80

To filling 3,505 registry and verification books, at ten cents each 350 50

To filling 951 reports of examination of houses and voters and reports of supervisors,

at ten cents each 95 10

To filling 924 commissions of superviso»s. at ten cents each 92 40

To filling 2,590 returns of the canvass, at ten cents each 259 00

To indexing 79,995 folios of records of my oflice, at fifteen cents per folio. ... 11,999 15

$13,787 85 .
For expenses :
To bill of J. X. Browne, as annexed 4,842 50

Total services and expenses $18,630 35

In addition to the above is Marshal Sharp's account furnished for the same election, which ac-
count was paid upon the written order of the President, under the provision of the law approved
Augusts], 1852.

The account amounts to $15,132.20, one item of which is $1,991.50 for carriages; another for $440
rent of rooms at Fifth Avenue Hotel for chief supervisor of elections (Davenport) as headquarters,
which rooms were adjoining the rooms of the Republican State Committee at Fifth Avenue Hotel,
as shown by Davenport's testimony (see page 146).

THE marshal's BILL PAID BY ORDER OF GRANT.

The bill of Marshal Sharpe for the pay of their deputy marshals was not
taxed by the Circuit Court nor allowed by the First Comptroller of the Treasury
Department, whereupon the President, General Grant, directed it to be paid.

The United States of America to George H. Sharpe, United States marshal for the southern distinct

of New Yo7% Dr.

For the payment of extraordinary expenses incurred in executing the laws of Congress entitled
" An Act to enforce the right of citizens of the United States to vote in the several states of this
Union, and for other purposes," approved May 31, 1870, and also the law entitled "An Act ta-

THREE MONSTROUS GRIEVANCES. 197

amend the naturalization laws, anrl to punish crimes a<?ainat the same, and for other purposes,"
approved July 14. 1870, at the election held for reprepentative in Congress, Novembers. 1870.

Por the compeupation of deputy marshals in the fourth, tlfth, six-h. seventh, eiirhth and ninth
Congrressional districts or the state of New York, as per rolls of the several districts comprising
the iiame. as follows, namely :

Porthe compensation of deputy marshals in the first assembly district, as per roll an-
nexed, \ oucher No. 1 $4,500 00

Por the compensation of deputy marshals in the second assembly district, as per roll

annexed, voucher No. 2 3,510 00

Por the compensation of deputy marshals in the third assembly district, as per roll an-
nexed, voucher No. 3 2,400 00

Por the compensation of deputy marshals in the fourth assembly district, as per roll

annexed, voucher No. 4 2,100 00

For the compennatinn of deputy marshals in the fifth assembly district, as per roil an-
nexed, voucher No. 5 4,015 00

For the compensation of deputy marshals in the sixth assembly district, as per roll an-
nexed, voucher No. 6 1,355 00

For the compensation of deputy marshals in the seventh assembly district, as per roll
annexed, voucher No. 7 1,320 00

For the compensation of deputy marshals in the eighth assembly district, as per roll an-
nexed, voucher No. 8 3,150 00

For the compensation of deputy marshals in the ninth assembly district, as per roll an-
nexed, voucher No. 9 3,505 00

Por the compensation of deputy marshals in the tenth assembly district, as per roll an-
nexed, voucher No 10 1,230 00

For the compensation of deputy marshals in the eleventh assembly district, as per roll
annexed, voucher No. 11 1,155 00

For the compensation of deputy marshals in the twelfth Assembly district, as per roll
annexed, voucher No. 12 2,570 00

For the compensation of deputy marshals in the thirteenth assembly district, as per
roll annexed, voucher No. 13 2,740 00

For the compensation of deputy marshals in the fourteenth assembly district, as per
roll annexed, voucher No. 14 1,765 00

For the compensation of deputy marshals in the fifteenth assembly district, as per roll
annexed, voucher No. 15 1,225 00

For the compensation of deputy marshals in the sixteenth assembly district, as per roll
annexed, voucher No. 16 1,635 00

Por the compensation of deputy marshals in the seventeenth assembly district, as per'
roll annexed, voucher No. 17 1,820 00

Por the compensation of deputy marshals in the eighteenth assembly district, as per
roll annexed, voucher No. 18 1,690 00

Por the compensation of neputy marshals in the nineteenth assembly district, as per
roll annexed, voucher No. 19 510 00

For the compensation of deputy marshals in the twentieth assembly district, as per roll
annexed, voucher No. 20 1,765 00

For the compensation of deputy marshals in the twenty-first assembly district, as per
roll annexed, voucher No. 21 ; 1,585 00

For the compensation of deputy marshals and special deputies at the headquarters of
the Unitett States marshal during the same election, for the safe-keeping and convey-
ance of prisoners, as per roll annexed, voucher No. 22 420 00

For toe compensation of deputy marshals and special deputies in the several assembly
districts above named, whose names were transferred from the rolls above stated, as
noted thereon, to roll No. 23 hereto annexed (see affidavit annexed to roll 23, voucher
No.23, 2,01500

For the compensation of deputy marshals and special deputies in the several assembly
districts above named, who?e'names appear on pay roll and voucher No. 24, hereto
annexed, the same being authorized by letter of the attorney-general, dated January,
1871, a copj[ of which is hereto annexed, voucher No. 24 805 00

For the special and extraordinary expenses incurred and paid by me, in and about the
execution of said laws at said election, as per statement and vouchers hereto annexed,
marked Exhibit A 1,962 48

For the special and extraordinary services of John Sedgwick, Esq., as special counsel for
the United States marshal and deputy marshals, as per voucher annexed (withdrawn
by marshal) 3,500 00

Total 53,837 00

Payment of the within account allowed under the special taxation of the Circuit Court of the
United States for the southern district of New York, in which district the services were rendered,
and is to be paid from the appropriation for defraying the expenses of the judiciary.

An advance of an amount sufficient to pay the same is authorized.

U. S. GRANT.

Executive Mansion, December 21, 1870.

In addition to the above the following account was allowed and paid :
The United States to George L. Sharpe, United States marshal southern district oj Neto York, Dr.
Moneys paid out during the election for representatives in Congress, November 8, 1870,^under the

acti^ of Congress relating to elections, severally approved May 31, 1870, and July 14, 1870.
To carriages for conveyance of prisoners to this office on arrest, and from this office to

county jail, as per vouclier annexed $18 00

To bills of Western Union Telegraph Company for the erection of four special offices

and connections with their city lines ; and for messages sent and received, on day

of election, as per voucher annexed 336 98

198 THREE MONSTROUS GRIEVANCES.

To bill of M. O. Sullivan, special clerk, for making and copying lists of commissions,
filing up commissions, correcting lists from time to time as changes were made, ren-
dered necessary by refusals to act, removals, and resignatious,"and filling out new

commissions therefor, as per voucher annexed - 50 00-'

To bill of expenses of the United States marshal, George H. Sharpe, in proceeding to
Washington and back twice on business connected with the election, as per voucher

annexed 52 (K>

To bill for badges of chief deputy marshals, as per voucher annexed 44 00

To bill for badges of deputy marshals, as per voucher annexed 1,250 00

To bill of printer, G. B. Tripp, for commis^sions for supervisors of election ; for com-
missions of deputy marshals, for acts of Congress, for instructions to supervisors and
deputy marshals, as per voucher annexed 363 50

Total 2,01448

Deduct items No. 4 above— not taxed 52 OO

Total amount of voucher 1,963 48

The total amount paid in 1872 for New York City was as follows :

Amount paid deputy marshals on district rolls $50.500 00

Amount paid deputy marshals on supplementary rolls 7,155 00

Amount paid supervisors of elections on district rolls 23,885 00

Amount paid deputy marshals oi> headquarters rolls 3,925 00

Total 85,555 00

To extraordinary expenses incurred in enforcing the acts of Congress in relation to elec-
tions at the election held in the city of New York on the 5th of November, 1872 33,434 36

Total $118,989 36

In 1876 there was expended in the same way lor New York city $94,587.96.
Of this Davenport received $19,383.36.

In 1878 the amount paid the chief supervisor Davenport was not reported to
Congress, but there was paid to supervisors and deputy marshals for that year
in New York City $57,000. In 1876 Davenport was paid $19,383.36. He was not
paid a less amount in 1878.

NO NECESSITY FOR FEDERAL ELECTION LAWS.

As to the necessity for all this expenditure of money in New York City Mr.
Samuel J. Glassey, who was employed by the Union League Club in 1868 to work
up the frauds of 1868, a good Republican, testified as follows :

Q. What do you say of the necessity of Federal interference in elections here in this city and
the considerable expenditure of public money in that respect at the present time ? A. Keeping ia
view the laws of the state now in force.

By Mr. Cochran : Q,. And which have been in force how long? A. Since 1873. I regard any
action on the part of the United States as wholly unnecessary.

By Mr. Meade : Q. An expenditure therefore unnecessiry ? A. A dead waste of public money,
and al?o objectionable as affording an opportunity to the person who happens to hold the office of
chief supervisor to distribute a great deal of patronage among the most dangerous and worthless
class in the community, the lower breed of politicians.

Q,. Rlsht there, won't you illustrate the practical operation of it in local politics of employing
these marshals ? A. In a city like this there are always hundreds of men who hive hardly any
regnlar'employment, who are chronic seekers of small ofhces, hangers-on to the politicians of all
grades and stripes. About the time of election they make a little money by doing miscellaneous
work for the candidates. It is from that class of men that these supervisors and marshals,
especially the marshals, are most likely to be selected. Their pay is a per diem fixed by law, and
for as many days, not exceeding ten, as the marshal and chief supervisor may choose to certify.

Q,. Might not such a power vested in the marshal be used, in the hands of an improper man, for
purposes of corruption ? A. Unquestionably. The duties of a deputy marshal are purely nomi-
nal. They have no authority except to keep the peace and see that the supervisors are not inter-
fered with in the discharge of their duties. Except under such exceptional circumstances as ex-
isted in 1870. there has not been the slightest danger of the breach of the peace; and, besides that,
the municipal police, which is a regularly organized and well-disciplined force, is there for that
special purpose, and under ordinary circumstances, there is no reason to doubt the fairness and
efficiency of their action. If there should be a contest between the state and national authorities,
ten policemen would be worth fifty marshals. In other words, I regard the marshals, selected as
they are and as they must be, as purely useless.

The Democratic majority in Congress, in view of the occurrences of 1876 and
in previous years, and respecting the demand made by a majority of the people
of the United States, determined to repeal the obnoxious features of the laws we
have quoted. We will take up these laws in the order in which we have quoted
them

THREE MONSTROUS GRIEVANCES. 199

TROOPS AT THE POLLS.

Mrst. Section 2003 Revised Statutes. This section, as we have shown, was in-
tended to prevent the interference of the military at the polls. It was, neverthe-
less, the pretext of authority for all the lawless invasions of the rights of the peo-
ple of which Grant's administration was guilty in the employment of troops to
control elections.

THE TROOPS AT A NEW YORK ELECTION.

At the Congressional election of 1870, the military and naval forces of the
United States were threatened to be used, and were prepared for use in the city
of New York, vide the following:

BELKNAP'S ORDER.

[Official.]

War Department, (

Washington City, Oct. 27, 1870. f
Sir: In view of the apprehension that there maybe possible opposition made to the United
States laws in connection with the coming election in the city of New York. November 8, 1870,
the President directs that you instruct Brigadier-General McDowell, commanding the Department
of the East, to hold the troops in that vicinity in readmess for service during a week, if n«^ces8ary,
to protect and assist the civil otlicers of the United States in their duty of enforcing the laws.
The engineer troops and all others in the harbor of New York and vicinity will, for the occasion,
be at his command. You will instruct General McDowell to confer fully beforehand with the
United States Marshal and the United States District Attorney, to concert with them proper meas-
ures, and to promptly respond to any call made upon him for troops by the marshal during the
week of the election," ordering them in such numbers and to such points in the city as the marshal
may signify.

The President hopes that the use of the United States troops for the purpose indicated will
never be required, but the law must be enforced, and he therefore expects General McDowell
and the officers and troops under his command, while using the utmost discretion, to take care
that the purposes of the government to enforce the law is fully carried out ; but iu the per ormance
of this duty they are only effectually to execute the measures indicated to them by the authorized
civil officers of the United States.

1 am, sir, venry respectfully, your obedient servant,

WM. W. BELKNAP, Secretary of War.

CHAUNCEY McKEEVEK, Assistant Adjutant-General.

General W. T. Sherman,

United States Army, Washington. D. C.

BY COMMAND OF BRIGADIER- GENERAL m'DOWELL.

[Special Orders, No. 229.]

Headquarters ov the Department op the East, \
New York City, November .5, 1870. J

1. The available officers and two hundred non-commissioned officers and privates of the en-
gineer troops at Willett's Point, New York Harbor, will come to the headquarters building in thi*
city, on next Monday evening, November 7, so as to arrive at 10 P. M., prepared for armed service,
and remain at least till Wednesday morning. They will come in a steamboat, which the quarter-
master's department will send for them, and will be landed at the foot of Spring street (Pier No. 43
North river), and march thence and take the station which may be shown them by the district
quartermaster. They will bring a day's cooked rations. Facilities will be afforded iu the building
foy making hot coffee.

2. All the available officers and the men of the Eighth Infantry will be brought to the city on
Monday the the 7th instant, to arrive about 10 o'clock P. M. They will come prepared for armed
service, with their overcoats and blankets, to remain at least till Wednesday morning the 9th in-
stant. The colonel, with five companies will take post in building No. 161 Avenue B, near the
northeast corner of Tompkins square, and the lieutenant-colonel, with five companies, will take
post; in buildings Nos. 322, 324, and 326 East Forty-fifth street, between First and Second avenues.

3. The available officers and men of the companies of the First Artillery at Forts Hamilton,
Wadsworth, and Wood, under Colonel Vogdes or the senior officer, will come to the city on Mon-
day evening, the 7th instant, to arrive by about 10 P. M., prepared for armed service, and to remain
at least till Wednesday morning. They will take post at building No. 294 Broadway, near the cor-
ner of Reade street, and will land at the wharf most convenient lor their reaching that point. They
will bring with them a day's cooked rations and their camp-kettles for making coffee. The district
quartermaster will furnish drays to carry their effects from the steamboat.

4. The troops above indicated, and the Fifth Artillery from Fort Trumbull and Fort Adams,
are to be brought here to aid the United States civil officers in the execution of their duty in en-
forcing the United States laws ; audit cannot be too strongly impressed on them that i he duty
they have to perform is one of exceeding delicacy and of the highest importance, and that it may
depend largely on their fidelity and good conduct that peace is maintained. They will be held for
service at literally a moment's notice ; and from the time of their arrival not a man will be al-
lowed to leave the building on any account, or for any purpose whatever, unless under a com-
missioned officer. , , . . , , ^ ,

5. Coramtinders of the stations above named will, immediately on their arrival, send a report of
the fact to department headquarters.

By command of Brigadier,Geucral McDowell.

ROBERT C. PERRY, Acting Assistant Adjutant-General.

200 THREE MONSTROUS ;aBriEVA:N^CES.

THE TRIBUNE S ACCOUNT OF THE COMINO OF TROOPS.

The New York Tribune, Nov. 9, 1870, says:

The troops came on Monday night (the night before the election) and disembarked silently to
their several quarters. During the day perfect order reigned. The headquarters of the department,
at the corner of Houston and Greene streets, presented a quiet appearance. The stairways, how-
ever, leading to the two upper stories of the building, were [lacked with troops. The engineer de-
partment from Willett's Point, numbering three hundred men, with companies H and I of the Fifth
United States Artillery from Fort Trumbull, New London, Connecticut, all under command of Col.
Kiddoe, were quartered iu the halls and on the stairs. Their arms were stacked, and the men were
scattered around on benches and on the floor, or stood in groups engaged in conversation. All were
armed with the latest improved needle-gun, and furnished with forty rounds of ammunition, with
one hundred rounds a man in reserve.

At pier No. 27 North River, companies A, B, and L, of the Fifth United States Artillery, from
Fort Adams, Newport, were quartered on the steamer Metis. In addition to these was Dupont's
Light Battery of four guns. No one was allowed to leave the boat or to enter without a pass. The
men were in the lower part of the boat and the officers were in the cabin under Col. Hunt.

Companies B, C, D, H, and M, of the First United States Artillery, Col. Vogd^is, from Forts
Hamilton and Wadsworth, New York Harbor, were stationed in the three upper stories of No. 294
Broadway.

At No. 161 Avenue B, near Tompkins square, there were stationed the first five companies of the
Eighth Infantry, Colonel Bomford in command. This regiment came from David's Island, and was
armed with the needle-gun. They were quartered in the hall over a lager beer saloon, and company
A was kept under arms ready for marching orders. The remaining five companies of the regiment
were on Forty-fifth street, between First and Second avenues, in the large room of a brewery.
Guards were, as in all cases, stationed at the top and bottom of the stairs, and all who applied for
entrance were taken under guard before Colonel Edie. Long rows of stacked arms extended the
whole length of the hall. An ample supply of ammunition was brought to the place, amounting in
the aggregate to one hundred and forty rounds for each man.

The Tribune goes on to say :

In the river and harbo*-, the frigates Guerriere and Narragansett were at anchor at the foot of
Chambers street. North River, and Wall street, East River, respectively. The port-holes were all
closed, however, and every appearance of warlike preparation on board was avoided. None other
than the troops regularly stationed there were on Governor's Island.

GOVERNOR HOFFMAN'S ELOQUENT PROTEST.

The Democratic governor of New York, Mr. Hoffman, at the meeting of the
legislature in January following, in his message, speaking of this outrageous vi-
olation of law, said :

Since the adjournment of the legislature, the Federal government has assumed to interfere di-
rectly, by its officers and armed forces, with elections in this state. The pretext was fear that the
right of suffrage would, in some way. be denied to the class of persons upon whom it had been con-
ferred by the fifteenth amendment to the Constitution of the United States. It was a mere pretext;
for our state legislature at its last session promptly altered our election laws to conform with that
amendment so soon as it was declared adopted. Moreover, this class of voters had exercised their
new right freely and without the least molestation at our state election, which took place in May
last.

Congress, nevertheless, enacted a law for the ostensible purpose of supervising the election of
Congressmen only; and the President was authorized to employ the army and navy to enforce cer-
tain of its provisions. Under color of this act, the President and other United States officials
claimed the right to supervise the entire election, not only for representatives in Congress, but for
state and local officers. In the city of New York, special preparations were made to enforce this
claim. A large number of United States deputy marshals and supervisors were appointed, many
of whom were men of well known disreputable characters, and some of whom had been convicted
criminals; a class of dangerous men never before chosen by any ruling authority, in any commu-
nity, as conservators of the peace. They were instructed, under advice of the Attorney-General of
the United States, to submit to no interference from any quarter under state or municipal author-
ity. Orders were issued which authorized them, in the discretion of each one of them, to arrest
at the polls, citizens claiming the right to vote, as well as the inspectors who were charged by law
with the custody of the ballot-boxes. These arrests were to be effected without process of law is-
sued upon formal complaints.

Then telling what steps he had taken with the best organized regiments of New
York, to guard all the rights of every citizen, he said :

Notwithstanding all this, by the President's orders, United States troops were brought from dis-
tant posts and quartered in the city of New York, and ships of war were anchored in its harbor. It
was certainly not unreasonable to expect that the first drop of citizens' blood shed in the city of
New York by Federal troops in time of peace, might lead to terrible results, involving great loss of
life and incalculable destruction of property.

*************

At the last moment, that is to say, the afternoon immediately before the election, the officers of
the United States fortunately and wisely abandoned the extreme ground they had taken, and en-
tered into a stipulation with the local authorities of New York City in my presence, which
resulted in preventing any armed interference by troops, either of the United States or of the
state.

• To depend for the peace and order of localities on the Federal army is not self-government; to
substitute the regular soldier with his musket as a peace officer in place of the constable with his
Writ, is not to preserve the peace, but to establish the condition of war; to surrender elections to

THREE MONSTROUS GRIEVANCES. 201

the control of the President, supported by armed forces, is to surrender liberty and to abandon a
jepu'jlic.

TROOPS IN PENNSYLVANIA AND GOVERNOR GEARY's PROTEST.

In the preceding year, 1869, when an election for governor and state officers
alone, was to be held in the state of Pennsylvania, an armed body of marines
were brought to the polls in the third precinct of the fifth ward of Philadelphia.
This armed body of Federal troops took possession of the polls and kept them
closed for an hour, and when they did allow the election to proceed they exer-
cised the right to allow or disallow citizens to vote.

In commenting upon this extraordinary and outrageous interference of the

Tederal soldiery, Gen. John W. Geary, the Republican governor of Pennsylvania,

in his next annual message to the legislature of that state, said :

The emplojrment of United States troops at elections, without the consent of the local and state
governments, has recently received considerable attention and reprehension. It is regarded as an
interference with the sovereign rights of the states which was rot contemplated by the founders of
the general government, and if persisted in must lead to results disastrous to peace and harmony.
The practice is one so serious in its character, and so injurious in its tendencies, as to merit prompt
consideration and decisive action, not only by the General Assembly, but by Congress. One of tQe
complaints of the colonists a^jainst the British king was the oppression growing out of the assump-
tion of this power. They paid: " He has kept among, us in times of peace, standing armies with-
out the consent of our legislatures," and what is especially pertinent to the case in point, "he
has affected to render the military independent of, and superior to the civil power." The alleged
authority for the use of troops at our state elections is derived from the tenth section of an Act of
Congress, approved May 31, 1870, entitled, " An Act to enforce the right of citizens of the United
States to vote in the several states of the Union, and for other purposes," which authorizes United
States marshals to call to their assistance " such portion of the land and naval forces of the United
States, or of the militia, as may be necessary to the performance of the duty with which they are
charged, and to insure a faithful observance of the fifteenth amendment to the Constitution of the
United States." But it must be a forced construction of this law that will justify the presence of
armed national forces at our places of election when no necessity exists therefor, and where their
presence is calculated to provoke collision. With a good President, the exercise of the power re-
ferred to might have no injurious results, but in the hands of a bad man, governed by personal
ambition, it might prove exceedingly calamitous. Unconsciously, a good President might be in-
duced to employ it wrongfully; a bad one would be almost certain to use it for his own advancement.
Under any circumstances, in my opinion, it is unsafe and antagonistic to the principles that should
govern our Republican institutions. At the last October election United States troops w^ere sta-
tioned in Philadelphia for the avowed purpose of enforcing the election laws. This was done with-
out the consent, or even the knowledge of the civil authorities of either the city or the state, and
without any expressed desire on the part of the citizens, and, as far as can be ascertained, without
existing necessity. From a conscientious conviction of its importance, I have called your attention
to this subject. A neglect to have done so might have been construed as an indorsement of a
measure that meets my unqualified disapproval. The civil authorities of Pennsylvania have always
been, and are still, competent to protect its citizens in the exercise of their elective franchise, and
the proper and only time for the United States military forces to intervene would be when the
power of the commonwealth is exhausted, and their aid is lawfully required.

Brightly, in his Digest of American Election Cases, an eminent and impartial

legal authority, says:

Perhaps there is no better proof of the extent to which the principles of civil and political liberty
have passed from the remembrauce of the American people, than the fact recorded in the daily
newspapers, without comment* that at the municipal election of the city of Charleston, held on the
^d of Augut't, 1871, six years after the clo!<e of the civil war, a body of Federal troops was stationed
at each precinct, to prevent violence. And this without shadow of authority, and without its ex-
citing the slightest emotion in the citizens of what is claimed to be a free country.

THE USE OP TROOPS IN VIRGINIA DEFENDED BY GRANT.

The troops of the United States were sent to Petersburg, Virginia, in Novem-
ber, 1876, to control the elections. They performed the work of intimidating
voters. Gen. Grant, in his special message to Congress, December 14, 1876, ad-
vocated and defended the right of the Executive to thus employ the military arm
of the Federal government. He said:

These inclosures will give all the information called for by the resolution, and I confidently
believe will justify the action taken. It is well understood that the presence of United States
troops at polling places never prevented the free exercise of the franchise by any citizen, of what-
ever political faith. If, then, they have had any effect whatever upon the ballot cast, it has been
to insure protection to the citizen casting it in giving it to the candidate of his unbiased choice
without fear, and thus secnrina: the very essence of liberty. It may be the presence of twenty-four
United States soldiers under the command of a captain and lieutenant, quartered in the custom-
house at Petersburgh, Virginia, on the 7th of November, at a considerable distance from any poll-
ing place, without any interference on their part whatever, and without going near the polls during
the election, may have secured a different result from what would have been obtaimd if they had not

202 THREE MONSTROUS GRIEVANCES.

been there (to maintain the peace in case of riot) on the face of the returns. But if such is the case;,
it is only proof that in this one congressional district in the state of Virginia the legal and consti-
tutional voters have been able to return as elected the candidates of their choice.

U. S. GRANT.
Executive Mansion, December 14, 1875.

ORDER OF GENERAL SHERMAN, DATED DECEMBER 11, 1876.

To a more complete understandins: of the case, I will add that on the 2d of November a gentle-
man came tome from the Attorney-General, representing tliat there was reason to apprehend a.
breach of the peace at Petersburgh, Virginia, and asking a detachment of tro(){)s to be sent there.
You being then absent, I saw Judge Taft in person, and he advised that a company of soldiers be
Sf-nt to Petersburgh, if practicable; and the next day, being in New York city, I saw General Han-
cock in person, and after some inquiries as to the troops available, I ordered him to send the above-
designated company to Petersburgh, to remain during the election of November 7, and then rttura
to its post.

I inclose a copy of his orders; also copies of General Orders Nos. 85 and 96, which include all'
the orders and instructions made to troops serving in districts where disturbances were appre-
hended.

I have the honor to be, your obedient servant,

W. T. SHERMAN, General.
Hon. J. D. Cameron, Secretary of War.

OW THE TROOPS WERE EMPLOYED.

How the United States troops were for years used to control elections in Louis-
iana, South Carolina, Florida, Georgia, Alabama, Mississippi and every other
Southern state, everybody knows. In the state of Georgia a Federal army of-
ficer, acting under orders from Washington invaded her legislative halls and
turned out nineteen duly elected representatives, and set up and maintained by
Federal bayonets a railroad official as Speaker of the Georgia House of Repre-
sentatives. In 1872 the Attorney-General of the United States sent the following
telegram to the United States marshal at New Orleans :

Department of Justice, December 3, 1872.
S. B. Packard, Esq., United States Marshal, New Orleans, Louisiana.

You are to enforce the decrees and mandates of the United States courts, no matter by whom re-
sisted, and General Emory will furnish you with all necessary troops for that purpose.

GEO. H. WILLIAMS, Attorney-General.

The people of Louisiana had elected a Conservative Republican Governor and
Legislature. The Federal officials were determined to nullify the will of the peo-
ple and install as Governor Wm. Pitt Kellogg and a Radical Legislature. To do^
this it was necessary to obtain an illegal order from the Judge of the United
States District court. An infamous creature named Durell issued that order at
his boarding house at midnight, and it will be known through all coming time
as Durell's infamous midnight order. The Senate Committee on Privileges and
Elections subsequently inquired into all these proceedings in connection with the
election of a United States Senator. The majority of the committee in this re-
port, which was signed by Senators Carpenter, Anthony and Alcorn, all Re-
publicans, say of Durell's order :

It is impossible to conceive of a more irregular, illegal and in every way inexcusable act on
the part of the Judge conceding the power of the court to make such an order. The Judcje oxit of
court had no more authority to make it than' had the marshal. It has not even the form of judicial
process. It was not sealed, nor was it signed by the clerk, and had no more legal effect than au
order issued by any private citizen.

WHAT FOLLOWED THE INFAMOUS ORDER.

Yet upon this order the United States troops ordered from Pensacola Bay,
Florida, reached New Orleans just after it was issued, and acting under the or-
ders of the marshal took possession of the State House and set up and maintained
the Kellogg government. The order of Attorney- General Williams above quoted
was the authority of the marshal foi this high handed and illegal act. The troop*
from Florida were ordered to New Orleans before, showing that there was con-
cert between the Federal administration in Washington and the conspirators
against free government in Louisiana. Judge Trumbull, of Illinois, a member of

THREE MONSTROUS GRIEVANCES. 20$

the Senate Committee on Privileges and Elections, in his report said of these
proceedings :

This dispatch, so far as the evidence shows, was not responsive to any call for troops, there had
been no resistance to any process of the United States courts, nor does it appear that any was threat-
ened. R. H. Jackson, a captain in ihe First Artillery, United States Army, testified that he went
to New Orleans on the night of December 5 with two batteries of his regiment and eighty-six men.

The same night, December 5, between nine and eleven o'clock. Judge Durell. at his private lodir-
ings, issued his order which, for want of jurisdiction, was void, and entitled to no respect from
anybody, directing the United States marshal forthwith to take possession of the State-House, to
hold the same until the further order of the court, and prevent all unlawful assemblage of persons
therein, having reference to the persons returned as elected to the legislature according to the ofli-
cial returns. Captain Jackson testifies that he took possession of the State-House at about two
o'clock in the morning of the Gth, with instructions to take and hold it under the direc;ion of the
United States marshal and to act in obedience to his orders. He further testified that he was not
stationed in the State-House to prevent riots, but to hold the building, and that if a riot had occurred
in front of the building he would not have interfered. He posted two soldiers at the entrance door,
who guarded it with crossed bayonets, and suffered no one to enter the building except by permis-
sion of the United States marshal, one of whose deputies was at all times present. These troops
continued to occupy the State-House for more than six weeks, uutil January ^1, and it is manifest,
from the whole testimony, that they were not there to preserve the peace but to carry out the
illegal orders of Judge Durell, and prevent the legally elected members of the legislature from
assembling and organizing.

In South Carolina, in 1876, the troops of the United States were stationed at
SIXTY-SIX different polling places and openly employed to intimidate both white-
and black electors. These troops were sent there without the state legislature-
having been convened, or attempted to be convened, as the Constitution requires
to be done before the governor is authorized to ask the President for troops.
They were sent also at a time when every judge in South Carolina, all Republi-
cans except one, had certified that the state was in peace and quiet, and in ready
obedience to the civil processes of the law.

THE CROWNING ACT OP -INFAMY,

in all this series of infamous acts, was the bringing of and the quartering of
United States troops in the city of Washington, in December, 1876, for the
avowed purpose of overawing and intimidating the Democratic majority in the
House of Representatives, and to enforce the right of the President of the Senate
to count the electoral vote, register the fraudulent counts of the returning
Boards, and complete the work of fraud and force. On December 10, 1876,
Grant, in conversation with an Associated Press reporter, said : " There are six
HUNDRED or EIGHT HUNDRED troops in Washington. If there should be any
necessity for more, I will order them hither." The report of the War Depart-
ment, July 10, 1876, shows there were no soldiers in Washington. The same
authority, January 9, 1877, shows that there were 771 solders at the Washington
Arsenal. At the same date there were 1,466 in South Carolina and 1,391 in
Louisiana.

DANIEL WEBSTER ON THE USB OP TROOPS.

The employment of the military power for such purposes has been condemned

by all the eminent statesmen of the republic. We will only quote from other

than Democratic sources. Daniel Webster, in his Bunker Hill oration, said :

Quite too frequent resort s made to military force ; and quite too much of the substance of the
people is consumed in maintaining armies, not for defence against foreign aggression, but for
enforcing obedience to domestic authority. Standing armies are the oppressive instruments for
governing the people in the hands of hereditary and arbitrary nionarchs. A military republic, a
government founded on mock elections and supported only by the sword, is a movement indeed,
but a retrograde and disastrous movement, from the regular and old-fashioned monarchical systems.
If men would enjoy the blessings of republican government they must govern themselves by rea-
son, by mutual counsel and consultation, by a sense and feeling of general interest, and by the
acquiescence of the minority in the will of the majority, properly expressed ; and. above all, the
military must be kept, according to the language of our billof rights, in strict subordination to the
civil authority. Wherever this bsson is not both learned and practiced there can be no political
freedom. Absurd, preposterous is it, a scoff and a satire on free forms of constitutional libery, for
frames of government to be prescribed by military leaders, and the the risrhi of suffrage to be exer-
cised at the point of the sword.— fKorA;*" of Daniel Webster, volume 1, pages 98 and 99.

"204 THREE MONSTROUS GRIEVANCES.

MR. EVARTS' ELOQUENT PROTEST.

The present Secretary of State, Hon. Wm. M. Evarts, speaking to the citizens
of New York City, on the occasion of an indignation meeting held to condemn
the illegal interference of the United States troops, commanded by General De
Trobriand, acting under the order of General Grant, in January, 1875, in turning
out the legally elected legislature of Louisiana at the point of the bayonet, said:

I must confess that the news that came from Louisiana a few days ago has profoundly alarmed
me. A thing has happened which has never happened in this country before, and which nobody,
I trust, ever thought possible.

When the legislature convened— and I repeat, it convened according to law, at the time and in
the place fixed by law, called to order by the very officer designated by law— those persons were
claimants for seats on the ground of the votes they had; some of them presenting claims so strong
<.n the ground of majoriiies so large that even such a returning board as Louisiana had did not
--dare to decide against; them; and when they had been seated in the legislature organized as I
liave described, United States soldiers with fixed bayonets decided the case against them and took
them out of the legislative hall by force. When that had been done the conservative members left
that hall in a body with a solemn protest. The United States soldiery kept possession of it; and
then, under their protection, the Republicans organized the ledslature to suit themselves.

There is another thing which especialiy the American people hold sacred as the life element of
their republican freedom. It is the right to govern and administer their local affairs independ-
•ently, through the exercise of that self-goveenment which lives and has its being in the organism
of the states; and, therefore, we find in the Constitution of the Republic the power of the Na-
tional government to interfere in state affairs most scrupulously limited to well-defined cases and
the observance of certain strictly prescribed forms; and if these limitations be arbitrarily disre-
garded by the national authority, and if such violation be permitted by the Congress of the Uni-
ted States, we shall surely have reason to say that our system of republican government is in
danger.

1 cannot, therefore, escape from the deliberate conviction, a conviction conscientim/sly formed,
that the deed done on the 4th of January, in the State-House of the state of Louisiana, by the
military forces of the United States constitutes a gross and manifest violation of the Constitution
and the laws of this Republic. We have an act before us indicating a spirit in our government
which either ignores the Constitution and the laws or so interprets them that they cease to be the
safeguard of the independence of legislation and the rights and liberties of our people. And that
spirit shows itself in a shape more alarmii-g still in the instrument the Executive has chosen to
•execute his behests.

On all sides you can hear the question asked, "If this can be done in Louisiana, and if such
things be sustained by Congress, how long will it be before it can be done in Massachusetts and
in Ohio? How long before the constitutional rights of all the states and the self-government of
all the people may be trampled under foot? How long before a general in the array may sit in the
chair you occupy, sir, to decide contested election cases for the purpose of manufacturiug a ma-
jority in the Senate? How long before a soldier may stalk into the national House of Represen-
.tatives, and, pointing to the Speaker's mace, say, ' take away that bauble ?' "

HOW TO PRESERVE OUR LIBERTIES.

*************
And now the culminating glory to-day— I do not know whether it will be the culminating glory
to-morrow; Federal soldiers, with fixed bayonets, marching into the legislative halls of a state,
and invading the legislature assembled in the place, and at the time fixed by law, dragging out of
the body, by force, men universally recognized as claimants for membership, and having been
seated; soldiers deciding contested-election cases and organizing a legislative body; the lieuten-
.ant-general suggesting to tbe President to outlaw by proclamation a numerous class of people by
the wholesale that he may try them by drumhead court-martial, and then the Secretary of War
informing the lieu; enant-general by telegraph that "all of us," the whole government, have full
confidence in his judgment and wisdom. And, after all this, the whites of the South gradually
driven to look upon the national government as their implacable and unscrupulous enemy, and
the people of the whole country full of alarm and anxiety about the safety of republican institu-
tions and the rights of every man in the land.

He who in a place like ours fails to stop or even justifies a blow at the fundamental laws of the
land, makes himself the accomplice of those who strike at the life of the Republic and the liberties
of the people.

*************

If you really think that the peace and order of society in this country can no longer be main-
tained through the self-government of the people under the Constitution and the impartial enforce-
mentof constitutional laws; if you really think that this old machinery of free government can no
longer be trusted with its most important functions, and that such transgressions ou the part of
those in power as now pass before us are right and necessary for the public welfare, then, gentle-
men, admit that the government of the people, for the people,"and by the people, is a miscarriage.
Admit that the hundredth anniversary of this Republic must be the confession of its failure, and
make up your minds to change the form as well as the nature of our institutions; for to play at
republic longer would then be a cruel mockery. But I entreat yon do not delude yourselves and
others with the thought that by following the fatal road upon which we are now marching you
can still preserve those institutions; for I tell you, and the history of struggling mankind bears me
out, where the terms of constitutional government can be violated with impunity, there the spirit
of constitutional government will soon be dead.

CARL SCHURZ ON THE USE OF TROOPS.

The present Secretary of the Interior, speaking of these things in the South
and elsewhere, said :

THREE MONSTROUS GRIEVANCES. 205-

United States soldiers, with fixed bayonets, decided the case against them, and took them one
of the legislative hall by force. * * * I cannot, therefore, escape from the deliberate
conviction— a conviction conscientiously formed— that the deed done on the 4th of January, in the
State-House of Louisiana, by the military forces of the United States, constitutes a gross and man-
ifest violation of the Constitution and laws of this Republic. * ♦ ♦ If this can be done
in Louisiana, and if such things be sustained by Congress, how long will it be before it can be
done in Massachusetts and Ohio?

He who, in a place like ours, fails to stop, or even justifies a blow at the fundamental laws of the
land, makes himself the accomplice of those who strike at the life of the Republic and at the lib-
erties of the people.

JUDGE M'CREARY ON TROOPS AT THE POLLS.

Hon. George W. McCreary, late Secretary of War, and recently appointed
United States Judge, in his book on Contested Elections, says:

There can, however, bo no doubt but thnt the law looks with great disfavor upon anything like
an interference by the military with the freedom of an election. An armed force in the neighbor-
hood of the polls is almost of necessity a menace to the voters and an interference with their free-
dom and independence, and if such armed force be in the hands of or under the control of the
p irtisa« friends of any particular candidate, the probability of improper influence becomes still
stronger.

THE ENGLISH LAW.

Blackstone, the most eminent of English authorities in his commentaries says :
And as it is essential to the very being of Parliament that elections should be absolutely free,
therefore all undue influences upon the electors are ilegal and strongly prohibited. * * * As
soon, therefore, as the time and place of election, either in counties or boroughs, are fixed, all
soldiers quartered in the place tire to remove at least one day before the election to the distance of
two miles or more ; and not to return till one day after the election is ended.

OTHER EMINENT AUTHORITIES.

Dr. Lieber, in his work on civil liberty and self-government, in speaking of
elections, says :

It is especially necessary that the army be in abeyance, as it were, with reference to all subjects-
and movements appertaining to the question at issue. The English law requires the removal of
the garrison from every place where common election for Parliament is gomg on. Much more
necessary is the total neutrality of the army in an election of the sort of which we now treat.

Judge Cooley, in his work on Constitutional limitations, under the title of the^
"Freedom of Elections," on page 614 says :

And with a just sense of the danger of military interference where a trust is to be exercised, the-
higtiest as well as the most delicate in the whole machinery of the government, it has not been
thought unwise to prohibit the militia being called out on election days, even though for no other
purpose than for enrolling and organizing them.

The ordinary police is the peace force of the state, and its presence suggests order, individual
safety, and public security ; but when the militia appear upon the stage, even though composed of
citizen militia, the circumstances must be assumed to be extraordinary, and there is always an
appearar.ce of threatening and dangerous compulsion which might easily' interfere seriously with
that calm and unimpassioned discharge of the elector's duty which the law so justly favors. The
soldier in organized ranks can know no law but such as is given him by his commanding officer,
and when he appears at the polls there is necessarily a suggestion of the presence of an enemy,
against whom he may be compelled to exercise the most extreme and destructive force, and that
enemy must generally be the party out of power, while the authority that commands the force
directed against them will be the executive power of the state for the time being wielded by their
opponents.

SENATOR SEWARD ON THE USE OF MILITARY. •

Mr. William H. Seward, from his place in the Senate of the United States in
discussing the Kansas troubles in 1856, declared that —

The time was, and that not long ago. when a proposition to employ the standing army of the-
United States as a domestic police would have been universally denounced as a premature revela-
tion of a plot, darkly contrived in the chambers of conspiracy, to subvert the liberties of the people
and to overthrow the Republic itself.

^ .;.- -!f •::• -jf- -ss- * * * * *

Civil liberty and a standing army for the purpose of civil police have never yet stood together, and
never can stand together. If I am to choose, sir, between upholding laws in any part of this
Republic whicli cannot be maintained without a standing army, or relinquishing the laws them-
selves, I give up the laws at once, by whomsoever they are made and by whatever authority; for-
either our system of government i* radically wrong, or such laws are unjust, unequal, ai.d per-

"^"""^•* ^ ******** *

If the founders of the Constitution had been told that within seventy years from the day on
which thev laid its solid foundation and raised its majestic columns a standing army would ^ave
been found necessary and indispensable merely to execute municipal laws, they would have turfled.
shuddering away from the massive despotism which they had erected.
HIGH MILITARY AUTHORITY.

Captain O'Brien, (who distinguished himself as a soldier at Buena Vista^
Mexico), in his very able work on " American Military Law," in his chapter (2>
on "restraints of executive," says :

20G THREE MONSTROUS GRIEVANCES.

Congress may declare when and for what objects the army is to be used, and for what purposes
it may not be used, and thus chart out accurately ihe limits of executive power. And even within
the.<e liniis the action of the Executive, indirectly but absolutely, depends on the concurrence of
Congress, which must appropriate funds for the purpose before even a corporal's guard can be
moved.

REPUBLICAN INCONSISTENCY.

The Democrats in Congress proposed to Strike out of section 2003 Revised
Statutes the words, "or to keep the peace at the polls." They proposed to do
1 his b}^ placing the repealing clause on the Army Appropriation Bill. Thereupon
ihe Republican leaders in Congress set up the cry that this was revolutionary to
enact general legislation on appropriation bills. They all at once saw in "riders "
upon appropriation bills a dreadful evil, although in the course of a few years
preceding tlie Republican majority in Congress, had enacted general legislation
upon many bills, to the extent of 387 different provisions of law. Every promi-
nent member of the party who hid ever served in a Republican Congress, from
Mr. Hayes down have not only advocated, but voted for these riders on approp-
riation bills. Moreover, Secretary of State Evarts had declared upon a memor-
able occasion the control of the purse was given to the House in this republic,
and to the House of Commons in England for the very purpose of enabling that
branch of the legislature to compel redress of grievances. He said :

What use is it to give the purse and the sword to the House of Commons if the King or the
President by military power can determine what shall be the constitution of the House of Com-
mons or the House of Congress ? And that is what they fonght for in England. * * * And for
this reason the people of the United States are juntified in assuming that the supreme civil power
shall dominate over the military, and that no merging of them or interference with them shall be
permitted

The very Federal Election Laws were enacted by being placed as riders on

appropriation bills. Indeed the great majority of the infamous legislation of the

Republican majority in Congress during the past fifteen years was enacted in the

^ame way.

THE ISSUE SQUARELY MADE.

The Democrats began this memorable contest for the rights of the people, this

struggle for human liberty at the last session of the Forty-fifth Congress. They

vrere bitterly fought by the Republicans. The bill passed the House with the

repealing clause on it. The Republican Senate would not accept it. The bill

went to a conference committee which could not agree. On the final disagreeing

report from this conference committee, Hon. Abram S. Hewitt said :

The conferees, on the part of the Senate, declined to agree to thj repeal of so much of the two
sections of the revised Statutes as authorized troops to be present at the polls. The issue, there-
fore, was fairly and clearly defined. * * * This presents an issue which
involv<-8 the very essence of free government. The difiference between a despotic government and
a free government is this, that in a despotism the military po.ver is superior to tlie civil ; in a free
government thtj civil dominates the military power. And this principle is one which we never

a free government is this, that in a despotism the military po.ver is superior to tlie civil ; in a free
government thtj civil dominates the military power. And this principle is one which we never
fought for. It came to us as an inheritance from our fathers. It was so well recognized that

when the Constitution was framed it was not even deemed necessary to insert an article to that
effect. * * * * ^Q English speaking man for two hundred 3'ears has

q lestioned the principle that soldiers should never be present at the polls. And the question
could never have been raised in this country, the demand could never have been made in our
land, but for the unhappy calamitj' of a civil war. In time of civil war all political rights must be
surrendered to the necessities of the conflict. And so it was here. We surrendered the right we
had inherited, and which up to that hour we had exercised, that no soldier should show himself at
the polls. * * * Now, for fifteen years we have been striving to recover that

lost ground. We have made gigantic efforts ; sacrifices such as the world never saw, to get back
to the resumption of specie payments, and yet we have done nothing for the resumption of our
political rights— the rights which lie at the very foundation of this government. The time has come
to recover this lost ground ; and 1 think it is a reproach to our patriotism that the resumption of
specie payments should have preceded the resumption of the rights necessary for the preservation
of free government. Can we surrender this question ? Would we be justified by the people of
this country, now that the issue has been raised, in conceding the principle m time of profound
peace, fifteen years after the close of the civil war, that soldiers may be ordered by the executive
power to the polls on the day of election. * * * jf the provision authorizing the

presence of troops at the polls shall remain upon our statute books when an unscrnpnlousexecutive—
and we may have. such an one— shall occupy the presidential chair, with this power to control the
troops at the polls, the people of this country will never elect his successor. That danger confronts
.ns. We are asked why we press this issuo now. We press it now because we have had an admon-

THREE MONSTROUS GRIEVANCES. 207

ition that when the Army Bill failed in the Forty-fourth Congress, the army was maintained with-
out law for months, nearly to the time of the next election, before Congress was called together
and provision could be made for its support. * * * It is for that reason that

the conferees, on the part of the House, have felt themselves constrained to plant themselves
iirmly upon the ground tiiat they would never yield this position ; and I trust that they will be
sustained by the unanimous voice of this House. The ir^sue thus made is one which we are ready
to accept before the country. Let the people decide whether they are prepared to surrender the
sacred right of untrammelea suffrage, wiilch this bill seeks to guard, and the provisions which m
the Legislative Bill are d'si^ied to maintain unimpaired the trial by jury, which is the great
achievement of our race. Unless the blood which courses in our veins has degenerated from the
vital fluid which has made the Anglo-Saxon people great and free, I cannot doubt the result of the
appeal which I now make to the country (.Record, vol. 8, Part 3, 'M sess. 45th Cong,, pp. 2380-81).

GENERAL GARFIELD'S DEVIOUS COURSE.

The record of James A. Garfield on the question of "Troops at the Polls" is
characteristic of the man. We propose briefly to trace it through all his devious
course, and mark his glaring inconsistencies.

General Garfield followed Mr. Hewitt, and in reply to the speech we have

quoted from above said :

Gentlemen talk as though these sections (SOO^-S") had been adopted to empower the army to
interfere with the freedom of elections (we have shown that they were not) ; on the contrary, they
were in precisely the opposite diiection. It should be remembered that these sections were
enacted in 18tt5 (how, we have shown) ; when the roar of battle was still in our ears ; when our
guns were still smoking ; when none of the state in rebellion had been reconstructed ; when
none of them had been restored to their place in the circle of the Union; when all was chaos;
when, from governor down to the humblest officer in any one of those states, there was no one
bore, in the new order of things, any recognized authority; when even the machinery for the
services of ordinary civil processes had all to be set up anew; when, by the necessity of the case,
the military occupation of all that part of the country was indispensable, even in the view of the
most extreme opposers of the Union. * * * Perhaps the law is now as neces-

sary as it was in 18<55. [How could it be in view of what he had just said ?] / am free to admit.,
for one, that these enactments were passed at a period so different from the present, that probably
we can, without serious harm in any direction, muster them out as we mustered out of service the vic-
torious armies when the tvar was done. Foi^ myself, I see no serious practical objection to letting ihese
sections go, though I do not quite see how anybody can say that, while a state may call out its own
militia to keep the peace at its own polls, and nobody calls that tyranny; nobody calls that
wickedness, injustice and a menace to civil liberty ; so it seems to me that a nation, when
it has its own elections, which its own constitution says it may regulate as to time, place and man-
ner of holding them, may, with great propriety. U!Je its own military force to keep the peace at
the polls. That is all there is in these sections that any gentlemen have complained of. Now, I
believe that, as a matter of fact, no one will say that any citizen, during the thirteen years and
more that this law has stood on our statute booic, his been denied the full and free exercise of the
elective franchise in consequence of the presence of armed soldiers of tiie United States near the
polls. If there has been such a case, I will join with any man, of any party, in deprecating it, ia
deploring it, in doing what I can to prevent its recurrence. But lest' it should be a rock of offence
-and a stone of stumbling to any man in this country, I, for one, would be willing to let it go out oj
the law rather than e^n apjtear to sin against the liberty of the citizen.

WHAT GENERAL GARFIELD MUST HAVE KNOWN.

The statement of General Garfield that he did not believe that one citizen had
been denied full and free suflfrage by the presence of troops at the polls is paral-
leled only by his other statement about all the states having the right to call out
their militia, and have them near or at the polls. He knew better in both
cases. The laws of the following states must have been familiar to him :

NEW YORK.

If any officer or other person shall call out or order any of the militia of this state to appear
and exercise on any day during any election to be held by virtue of this chapter, or within live
days previous thereto, except in cases of invasion or insurrection, he shall forfeit the sum of
.$500 for every such oSeDae.— {Revised Statutes of New York State, chapter 6, title 7, section 5.
page 448.)

MAINE.

If any officer of the militia parades hiit men or exercises any military command on a day of
-election of a public officer, as de:-cribedln section 102 of chapter 10, and not thereby excepted, or
■except in time of war or public danger, he shall for each offense forfeit not less than $10, nor more
than $300— {Revised Statutes of Maine, chapter 4, section 65, page 104.)

TENNSYLVANTA.
No body of troops in the army of the United States, or of this commonwealth, shall be present,
■either armed or unarmed, at any place of election within this commonwealth during the time of
such election. Provided, That nothing herein contained ^'hall be so construed as to prevent any
officer or soldier from exercising the right of suffrage in the election district to which he may
belong, if otherwise qualified according to \a.w.—{Brightley's Purdon's Digest, 1872; Pennsylvania;
-section 124, page 562.)

208 THREE MONSTROUS GRIEVANCES.

NEW JERSEY.
No such election shall be appointed to be held on any day on which the militia of this states
shall be required to do military duty, nor shall the militia of this state be required to do military
duty on any day on which any such election shall be appointed to be held. — {Mxan's Digest; New
Jersey, revision of 1871; an act to regulate elections; section 33, page 262.)

ILLINOIS.

Electors shall in all cases, except treason, felony, or breach of the peace, be privileged from
arrest during their attendance at elections, and in going to and returning from the same, and no
elector shall be obliged to do military duty on the days of election, except in time of war or public
danger.— {Eevised Statutes of Illinois 1874, Constitution 1870, article 7, section 3.)

MASSACHUSETTS.

No meeting for the election of national, state, district, county, city, or town officers shall be held
on a day upon which the militia of the commonwealth are by law required to do military duty. —
{General Statutes of Massachusetts, 1860, section 1, page 58.)

THE CONSTITUTION OF NEW YORK.
All elections ought to be free; and no person, by force of arms, malice, menacing, or other,
wise, shall presume to disturb or hinder any citizen of this state in the free exercise of the right
of suffrage.

THE CONSTITUTION OF DELAWARE.

Art. 28. To prevent any violence or force being used at the said elections no persons shall
come armed to any of them, and no muster of the militia shall be made on that day; nor shall any
battalion or company give in their votes immediately succeeding each other, if any other voter,
who offers to vote, objects tiiereto, nor shall any battalion or company, in the pay of the continent,
or of this or any other state, be suffered to remain at the time and place of holding the said elec-
tions, nor within one mile of the said places respectively, for twenty-four hours before the opening
of said elections, nor within twenty-four hours after the same are closed, so as in any manner to
impede the freely and conveniently carrying on the said elections; Provided, always, That every elec-
tor may, in a peaceable and orderly manner, give in his vote on the said day of election.

THE CONSTITUTION OF ARKANSAS.

Elections shall be free and equal No power, civil or military, shall ever interfere to prevent the
free exercise of the right of suffrage.

THE CONSTITUTION OP GEORGIA.
Freedom from arrest on the day of election is guaranteed.

THE CONSTITUTION OF MICHIGAN.

No military duty exacted on election days, save in time of war, and freedom from arrest guar-
anteed.

THE CONSTITUTION OF PENNSYLVANIA.

Elections shall be free and equal; and no power, civil or military, sha'l at any time interfere to
prevent the free exercise of suffrage. Electors shall in all cases, except treason, felony, and breach
of surety of the peace, be privileged from arrest during their attendance on elections and in going
to and returning therefrom. •

These same provisions in spirit and substance are to be found in the laws and
constitutions of almost every state in the Union.

Notwithstanding Gen. Garfield's declaration that he was ready to vote for the
repeal of that part of section 2002 Revised Statutes which permits "troops at the
polls," he did not, and he stood with his side in support of the Senate's refusal to
agree, and the Army Bill failed at the last session of the Forty-fifth Congress.

GENERAL GARFIELD GOES BACK ON HIMSELF.

There was a called session of the Forty-sixth Congress. The Army Bill was

reported by Mr. Sparks, of Illinois, from the Committee of Appropriations. At

the suggestion of Gen. Garfield general debate was closed upon the whole bill,

except the clause in regard to troops at the polls. It was precisely the same

clause that was in the Army Bill at the last session of the Forty-fifth Congress. lu

discussing this provision at the called session of the Forty-sixth Congress Gen.

Garfield said :

" The question. Mr. Chairman, may be asked, Why make any special resistance to the clauses
of legislation in this bill which a good many gentlemen on this side declared at the last session
they cared but little about, and regarded as of very little practical importance, because for vears
there had been no actual use for any part of these laws, and they had no expectation there would
be any ? It may be a'^ked, Why make any controversy on either side ? So far as we are c<ui-
cerned, Mr. Chairman, I desire to say this: VVe recognize the other side as accomplished parlia-
mentarians and strategists, who have adopted with skill and adroitness their p an of assault. Youl

THREE MONSTROUS GRIEVAXCES. 209

have placed in the front, one of the least objectionable of your measures: but your whole pro
gramme has been anuounced, and we reply to your whole order of battle. The logic of your po'
sition compels us to meet you as promptly on the skirmish line as afterward when our intrench-
ments are assailed; and, therefore, at the outset, we plant our case upon the general ground upon
which we have chosen to defend it.

" Gentlemen: We have calmly surveyed this new field of conflict; we have tried to count the
cost of the struggle, as we did that of 1861, before we took up your gage of battle.
Though no human foresight could forecast the awful loss of blood and treasure, yet, in
the name of liberty and union, we accepted the issue and fought it out to the end. We
made the appeal to our august sovereign, to the omnipotent public opinion of America,
to determine whether the Union should perish at your hands. You know the result. And now
lawfully, ia the exercise of our right as representatives, we take up the gage you have this day
thrown down and appeal again to our common sovereign to determine whether you shall be per-
mitted to destroy the principle of free consent in legislation under the threat of starving the
government to death.

We are ready to pass these bills for the support of the government at any hour when you will
offer them in the ordinary way, by the methods prescribed by the constitution. If you offer those
other propositions of legislation as separate measures, we will meet you in the fraternal spirit of
fair debate and will discuss their merits. Some of your measures many of us will vote for in
separate bills. But you shall not coerce any independent branch of this government, even by the
threat of starvation, to consent to surrender its voluntary powers until the question has been
appealed to the sovereign and decided in your favor. On this ground we plant ourselves, and
here we will stand to the end.

Let it be remembered that the avowed object of this new revolution is to destroy all the defenses
which the nation has placed around its ballot-box to guard the fountain of its own life. You say
that the United States shall not employ even its civil power to keep peace at the polls. You say
that the marshals shall have no power either to arrest rioters or criminals who seek to destroy the
freedom and purity of the ballot-box {Cong. Record, vol. 9, part 1, \st Sess. 4Ath Cong., pp.
217 and 218).

THE MISERABLE PRETEXT.

In concluding his speech in reply to General Garfield, Mr. McMahon said:

The pretext that it is necessary to have troops at the polls to preserve the peace, and that super-
visors and deputy marshals are necessary to preserve the purity of elections, is only a bold pretense
not believed by those who urge it. The great mass of the American people require constant
urging to bring them to the polls. We often spend months in an active canvass to convince them
of the duty of attending elections. If the people find troops stationed there under the command
of the President of the opposite party— often, as we know, one of the most active though quiet
workers for the success of the party—they will become indifferent or timorous, and relinquish
their right. If the naturalized citizen knows that he is to be subjected to the danger of arrest by
persons in authority, purposely appointed by leaders or the opposite party to diminish the number
of votes against ir, he will remain at home rather than take the risk of the trouble or inconve-
nience to which he may be put. The result will finally be that the adherents of the party in power
will be the only ones to approach the polls, and power once gained will be thus perpetuated forever.

Against any authorized interference between the voter and tlie ballot-box, we have raised our
protest. The citizen should be as free as air. The penalties against illegal voting are ample. The
state laws to preserve the peace are ample. Riots will occur, and illegal voting will take place.
Punish the guilty; but let the ballot-box be free, and put no obstacle in the way of the honest
voter.

Because these are fundamental propositions, and concern the very existence of the government,
we are making the contest that is now before us. We appeal to the people, and by their judgment
are willing to abide {Ibid., p. 123).

THE REVOLUTION GARFIELD DREADS.

In the course of the same debate Mr. Muldrow said :

The distinguished gentleman from Ohio (Mr. Garfield) recognized the Importance of, and
makes no argument against, the impolicy of the proposed legislation, but confines himself to
holding up the specter of revolution. How can it be called revolution ifor the legislature of this
country to insist upon the repeal of obnoxious laws before furnishing the means to execute them,
is past my comprehension. I do not see how it can be called revolution for the lower house of
Congress and the Senate to pass a bill repealing certain objectionable features of certain laws now
upon the statute books. They have abundant precedents for doing it in the manner in which they
now propose. They have the example of former Congresses, and especially former Republican
Congresses.

The revolution they expect is one of converting tj'ranny into freedom, of having it understood
that the military arm of the government shall be held in subordination to that of tiie civil arm;
that we shall return to that condition of things which recognizes the fact that all republican gov-
ernments must re<t upon the consent of the governed, and this is the revolution to which the
Democracy of this country is pledged, and this is the revolution that the people of this country
will uphold.

The gentleman from Ohio himself voted against this bill when it originally passed, as he stated
himself on the floor of the House on Saturday. I presume, then, that he has no objection, per se,
to the repeal of th« bill.

Mr. Garfield: If the gentleman will allow me, I will sa:y that I will vote with pleasure for the
repeal of the bill, and in doing so I will act consistently with my former course.

Air. Muldrow: If the gentleman objects to the method only, he should not complain o^ that, for
he sanctioned it himself in 1872 {Ibid., page 146).

GARFIELD AGAIN HELD UP.

In the course of this same debate, Mr, Townshencf, of Illinois, said:

14

210 THREE MONSTIIOUS GRIEVAXCES.

It ia asserted by the gentleman from Ohio that the method by which we are seekins; to repeal
these laws is "revolutionary." If this method be revolutionary, I want to know the fact; and I
wish, further, to look beyond the present, and ascertain who are the authors of thi.-^ "'revolution-
ary " method. I have before me records showino: that this is no new invention, originating with
the Democratic party of the Forty-fifth or Forty-sixth Congress. I have before me records showing
that this method of legislation has been practiced in the past; and I say now, in passing, that if
the President vetoes the.^^e two bills because of the provisions we propose to tack on to them, it
cannot be for the reason that he regards the method by which we endeavor to effect this object as
"revolutionary." He will not veto them for any such reason if he is guided by his own action in
the past, and by the precedents and practices of the Republican party itself in Congress.

The gentleman from Ohio had an opportunity, on the 4th day of March last, to pass his opinion
upon them. And what was the position taken by him then? It is the same provision, except
simply this modification with regard to the appointment of the two supervisors which are retained
in this bill, but whose offices were abolished by the bill then under consideration. What was the
language of the gentleman from Ohio on the 4th day of March last, when the bill was more objec-
tionable from his standpoint than it is now? I read it from the liemrd;

" I am free to admit, for one, that these enactments were parsed at a period so different from the
present that probably we can, without seriouf harm in any direction, muster them out, as we mus-
tered out of service the victorious armies when the war was done. For myself , I see no serious
practical objection to letting these sections go," etc.

On the 4th of March last, the gentleman from Ohio thought these amendments were harmless
and might well be " mustered out," but on last Saturday he pictured in frightful colors the dark
and damning treason that was nursed in our effort here to place a clause repealing them in this
appropriation bill. {Ibid, pp. 169-70.)

A TEMPEST IN A TEAPOT.

Mr. Buckner also alluded to Mr. Garfield's change of front, and said :
In the face of the fact that the gentleman from Ohio (Mr. Garfield) not a month since would
have consented to this amendment as to the use of the mili-ary at the polls, and would also have
heen willing to give his sanction to this assumed "coercion " of the Executive, how does it happen
that this able leader of the minority then and now can justify himself for his extraordinary speech
of last week?

How can he who, as Chairman of the Appropriations Committee for years, adopted time and again
this mode of legislation, and who but yesterday was ready to consent to the passage of the identical
bill now before this committee, denounce the action of the majority as "revolutionary?" With
"vvhat grace can he charge that we are attempting to repjat the history of 1861 by " starving" the
Union to death, instead of " shooting" it to death? Never before, Mr. Chaiimm, has this House
witnessed such a tempest in a teapot. Never before has the country seen such an exhibition of
extreme partisanship and electioneering clap-trap at the expense of consistency and common
fairness, and I venture to say it will never again witness an attempt to engage in such u gigantic
speculation with so small a capital, or to deduce such unjust conclusions from such false and

Groundless assumptions. The distinguished gentleman from Ohio will pardon me for reminding
im that he has commenced the presidential campaign a 3'ear too soon, and that he ought not to
attempt the impossible feat of jumping over the stile before ha gets to it. {Ibid, p. 177.)

The vote was taken on the bill, and General Garfield voted, no ! It passed the
Senate with the House amendment, went to the de facto President, who vetoed
it. The repealing act, was then passed as an independent measure, and was again
vetoed.

SEJiATOR THURMAN ON HAYES's VETOES.

Senator Thurman, that able constitutional lawyer and eminent jurist, in speak-
ing of these veto messages of Mr. Hayes, says :

There are some other things about these messages which are very peculiar. I think everybody
that read the first message understood the President as saying that under existing law, troops could
not be used at elections, but now. in the second message, he tells us in effect that the Constitution
will be overthrown, for the post-office in Fremont, 0:iio, and the post-offices in all the other cross-
roads villages may be taken by a mob if he is not allowed to employ the military there on election
days. It is necessary that the power to use the military at elections shall be preserved in order
that he may defend the public property. Sir, was there ever so transparent a sham— I will not say
contemptible. I want to speak respectfully of the Executive ; but was there ever such transparent
sophistry, if it can be dignified with that name, as this pretense that it is necessary there shall be
in the statute book a power to use the troops to preserve the peace at elections, for that is the point,
and that you shall not abolish that power for fear the President cannot defend the post-offices and
custom houses with the troops if a mob should assail them ? So help me Heaven, I cannot get
down quite to the level of that argument.

A RIDER GARFIELD VOTED FOR.

On June 6, 1877, Mr. Clymer reported another army bill from the Committee of
Appropriations. The following proviso was attached. There was an agreement
that all discussion of this clause should be reserved till the bill had been completed
in the Committee of the Whole. The clause was as follows :

Sec. 6. That no money appropriated in this act is appropriated, or shall be paid, for the subsist-
ence, equipment, transportation or compensation of any portion of the Army of the United States
to be used as a police force to keep the peace at the polls at any election held within any state.

THREE MONSTROUS GRIEVAXCES. 211

ADMITS HE IS IN FAVOR OF TROOPS AT THE POLLS.

In discussing this proviso General Garfield said :

My first observation i«, that this section does not profess to repeal, and does not repeal any law
of the United States. There is not now, and so far as I know, there never was on- our statute book,
a law which authorized the use of the army " as a police force" at the polls, and even if this section
were a repealing clause, there is nothin2; on which it can operate as a repeal. But whatever the
section prohibits is in the form of a limitation for the commg year on the objects to which the
appropriations here made are to be applied. It is declared that this money is not '• appropriated for
the subsistence, etc., of any portion of the army to be used as a police force to keep the peace at
the polls." I affirm without fear of successful contradiction, that this limited and indirect prohi-
bition does not apply to any law or to any practice known.

Mr. Hawiey : Not since the Kansas troubles.

Mr. Garfield : Certainly, not since the Kansas troubles. And furthermore I do not know of a
man in this House who is in favor of using the army of the United States as an ordinary police
force to run elections.

The proposition to use our army as a police; to send them out and station them one by one at
the polls to run the elections as a police, is a fiction so absurd that I trust no man on this side of
the House will give the least color to the assumption that he favors it by holding that this sixth
section repeals, suspends, or modifies any existing statute.

Mr. Williams, of Wisconsin: Will my distinguished friend allow me to submit to him one
question, which he will understand I put in the utmost good faith.

Mr. Garfield: Certainly.

M. Williams: It is this: Are you now in favor of using any portion of the army of the United
States at any time under any circumstances, in any emergency, to keep peace at the polls?

Mr. Garfield: Not in the sense of using that army as an ordinary police force.

Mr. Williams: In any form or manner?

Mr. Carlisle: This section does not refer to the use of the army as an ordinary police force.

Mr. Garfield: I will refer, my friend

Mr. Williams: I do not mean as an ordinary civil police force, but in any form whatever. Is the
gentleman in favor of using the army in any form whatever to keep the peace at the polls?

Mr. Garfield: I am in favor of using the army and the navy, and all the militia of the United
States, to enforce the laws of the United States, any one of them and all of them, everywhere, and
at all times when the civil force is inadequate, but not until then.

Mr. Williams: Including the keeping of the peace at the polls?

Mr. Garfield: If there be any law that authorizes the President to use the army as an ordinary
police force for that purpose, I am in favor of enforcing it.

Thus it will be seen that Gen. Garfield, after all his equivocations, all his
evasions and protestations to the contrary, was forced to admit that he was in
favor of using the troops "to keep the peace at the polls." How the army had
been used for that purpose we have already shown. However, he voted as did
nearly all the Republicans, for the proviso above quoted — but with the declara-
tion that it changed no law and had no legal effect whatever.

STILL MORE INCONSISTENCIES.

In the second session of the Forty-sixth Congress the fight was renewed. The
Army Bill was reported by Mr. Clymer April 7th, 1880. A suggestion was made
as before that the right to discuss the political features of the bill should be re-
served. The following colloquy took place between Mr, Garfield and Mr. Sparks:

Mr. Garfield : Let me suggest to the gentleman, when the political trider, if it is to be offered,
is reached, it can be introduced and printed, and passed over informally until we have gone through
with the bill regularly. Then we can take up the proposed amendment and discuss it.

Mr. Sparks : I presume, Mr. Speaker, the rider the gentleman speaks of is a proposition in
regard to which he congratulated himself last session that fewer Republicans voted against it than
Democrats.

Mr. Garfield : I do not, of course, know what the gentleman's rider is.

Mr. Sparks : I remarked just now that I remember the gentleman from Ohio congratulated him-
self and his side of the House that fewer Republicans voted against this rider than Democrats did
in the last Congress.

Mr. Garfield : We will be ready to attend to any question when it arises.

April 8th the following ameifdment was offered by Mr. Sparks, the Chairman
of the Military Committee :

Sec. 2. That no money appropriated in this act is appropriated or shall be paid for the subsist-
ence, equipment, transportation, or compensation of any portion of the army of the United
States to be used as a police force to keep the peace at the polls at any election held within any
state.

It was the same amendment that was offered in the former session, for which
Mr. Garfield voted. A point of order was immediately raised against it.

Mr. Garfield, who had previously expressed his willingness to have the law re-
pealed, did all he could to have a point of order sustained that the amendment

212 THREE MONSTROUS GRIEVANCES.

did not come from any standing committee of the House. He tried to make it
appear that Mr. Sparks was not authorized to offer the amendment. His oppo-
sition was factious and his points technical to the last degree. He consumed
hours in discussing them. The point he made was that the new rules which had
been adopted a few days previous took away the jurisdiction of the Military
Committee. The chairman, Mr. Carlisle, of Kentucky, one of the ablest parlia-
mentarians in the House, as well as one of the best lawyers, ruled that Gen. Gar-
field's point of order was not well taken. Although he had voted for the same-
proviso on the Army Bill at the previous session he did not vote at all this time,
but DODGED. The proviso was adopted and is in the bill as it passed the Senate
and was approved by the President.

THE ODIOUS AND DANGEROUS JURY LAWS.

Second. We next come to consider Sections 820 and 821 Revised Statutes. It
certainly is not necessary to say anything about the importance of impartial
juries. All English people regard trial by jury as the great bulwark of their
liberty. It stands in the grandest of all monuments of English courage and love
of liberty — Magna Charta — and Sir Edward Coke says that its insertion there was
but an affirmation of the undoubted and prescriptive right of all Englishmen. It
not only stands in Magna Charta but in the Act of Settlement, in our Declaration
of Independence and our Constitution, as it stood in the constitution of everyone
of the original thirteen states, and as it stands in the constitution of every state
of the Union to-day. Why is it that we attach so much importance to the right
of a trial by our peers— *an impartial, unbiased jury ? Because in all ages of the
history of English speaking people that right has been found to be the great
shield of protection against oppression by the government. No people who hav&
had and maintained unimpaired that right have ever lost their liberty. Hallam,.
the philosophic author of English constitutional history, says :

THE IMPORTANCE OF IMPARTIAL JURIES.

Civil liberty in the kingdom has two direct gnarantees : the open administration of justice ac-
cording to known laws, truly interpreted, and fair construction of evidence ; and the right of
parliament, without let or hindrance or interruption, to inquire into and. obtain redress of public
grievances. Of these the ^!rpt is by far the most indespensible ; nor can the subjects of any state
be reckoned to enjoy a real freedom where this condition is not found in its judicial institution
and in their constant exercise. * * *

I have found it impossible not to anticipate, in more places than one, some of these glaring
transgressions of natural as well as positive law that rendered our courts of justice in cases of
treason little better than the caverns of murderers. Whoever was arraigned at the bar was almost
certain to meet a virulent prosecutor, a judge hardly distinguishable from the prosecutor except
by his ermine, and a passive, pucillanimous jury. * * * There is no room for

wonder at any verdict that could be returned by a jury when we consider what means the govern-
ment possessed of securing it. The sheriff returned a panel either according to express directions,
of which we have proofs, or to what he judged himself of the crown's intention and interest.

If a verdict had gone against the prosecution in a matter of moment, the jurors must have laid
their account with appearing before the star chamber ; lucky if they should escape, on humble re-
traction, with sharp words, Instead of enormous fines and indefinite imprisonment. The control
of this arbitrary tribunal bound down and rendered impotent all the minor jurisdictions. That
primeval institution, those irqupsts by twelve true men, the unadulterated voice of the people, re-
sponsible alone to God and their conscience, which should be heard in the sanctuaries of justice,
as fountains springing fresh from the lap of earth, became like waters constrained in their course
by art, stagnant and impure. Until this weight that hung op the Constitution should be taken off, ,
there was literally no prospect of enjoying with security those civil privileges which it held forth.

SENATOR THURMAN ON THE JURY LAWS.

Senator Thurman, speaking of the provisions incorporated in the Legislative,.

Executive and Judicial Appropriation Bill repealing these objectionable election

laws which so mysteriously crept back into the statute book, said :

Now, what does the provision in this bill propose ? First, that sections 820 and 821 shall be re-
pealed outright. Ought they not to be repealed ? We did repeal srction 820, but it passed into the
Revised Statutes without a man here knowing that it was brought back into the statute book. It.
was one of those mysterious transactions that occurred in makmg up that book, such as the strik-
ing out of the word " white " from the naturalization laws after Congress had expressly refused to.-

THREE MONSTROUS GRIEVANCES. 213

strike it out, like the demonetization of silver which Congress had not demonitized. It was one of
the marvelous things of that revision of 1874 which I saw lie on that desk tied up as it came from
the printing office, and passed by the Senate without the cords that bound the wrapper ever being
untied or cut, read by its title alone, because there was no time to read more and because no Senator
supposed it was necessary to read more, as it professed to make no chanjje in existing law. And
60 this section 820 stole back into the statute law of this land.

What is it ? It reads :

"Section 820. The following shall be causes of disqualification and challenge of grand and petit
jurors in the courts of the United States, in addition to the causes existing by virtue of section
812, namely :

"Withont duress or coercion to have taken up arms or to have joined any insurrection or rebellion
against the United States ; to have adhered to any insurrection or rebellion, giving it aid and com-
fort : to have given, directly or indirectly, any assistance in money, arms, horses, cluthes, or any-
thing whatever to or for the use or benefit of any person whom the giver of such assistance knew to
have joined, or to be about to join, any insurrsction or rebellion, or to have resisted, or to be about
to resist, with force of arms, the execution of the laws of the United States, or whom he had good
ground to believe to have joined, or to be about to join, any insurrection or rebellion, or to have re-
sisted, or to be about to resist, with force of arms, the execution of the laws of the United States ;
•or to have counseled or advised any person to join any insurrection or rebellion, or to resist with,
force of arms the laws of the United States."

Now, sir, mark it. The suit may be between a boy ten years of age and another boy of the same
age. both boru long after the rebellion ; it may relate to their estate with which the rebellion had
nothing to do ; they and their guardians who prosecute or defend for them may be perfectly satis-
fied with the jury ; the lawyer on one side may be perfectly satisfied ; but some lawyer on the other
■■ side may get up and say to a juror, "You, sir, gave a cup of cold water to a weary confederate sol-
dier on a not summer day, and thus you gave aid to the rebellion, and you cannot sit to try this
question as to the property of these boys who were not then born." That is your statute ; and
that any man can stand up for one moment at this day, fourteen years after the close of the rebel-
lion, to defend such a provision as that makes me wonder at the extent of human audacity.

HOW THEY MIGHT WORK.

But what is section 821 ? Section 821 is even worse than 820 in some respects. Section 820 only
gives a right to one of the parties to challenge a juror. It makes aiding or comforting the rebellion
a principal cause of challenge, and that principal cause of challenge can only be insisted on by one
of the parties to the suit ; but section 821 introduces a new figure on the scene. Suppose again
these two boys with their guardians trying a suit, the title to a piece of land in the state of Onio,
and a jury is called and the boys are satisfied that the jurors are good men and true, and their
friends and their lawyers are satisfied that they are good men and true, and they all, lawyers, friends
and parties, want them to try the case, then, just as they are to be sworn, iu steps the District At-
torney of the United States, or any other person acting on behalf of the United States, and says :
" May it please your Honer, there are men on that jury who gave aid and comfort to the rebellion ;
they gave a pair of shoes to a poor confederate famishing soldier when his feet were bleeding in the
frost and the snow 5 they were so vile as to believe that the parable- of the Good Samaritan was
told for our edification and example, and they assuaged the dying agony of a poor confederate with
a cup of cold water ; they are men who aided the rebellion, and I demand that your honor shall di-
rect that every man in that jury shall take the iron-clad oath or be compelled to leave the jury-
box." And if the judge is a fool or a knave, or if he is under the influence of passion, or prejudice,
or fear of consequences, he may make the order and enforce it. Let no man say ihat this is an im-

Eossible supposition. Such an order has been made and enforced since we assembled in this Cham-
er ; not in Ohio, it is true, but in another state.
Mr, President, ought that to be the law ? Ought that to be the law in a country that has the
least pretense to call itself civilized, I will not say free ? I say it would disgrace the kingdom of
Dahomey, much more the United States of America. I do not speak now of whether there was a
necessity lor that law at the time it was enacted— although it may well be questioned whether it
would not have been far better to have suffered the evils that might result from an occasional case
of a rebel sitting on a jury than to set the example of passing such a law— but if it were justifiable
then, the moment that peace was restored, the moment that we once more looked upon a united,
harmonious, and a fraternal people, that law ought to have been swept from the statute book. It
was due to the national character, it was due to justice, it was due to civilization that that law
should cease to exist. The only wonder is that it did not cease to exist long ago. We propose now
that it shall cease to exist. Pray, is it not time ? Pray, is this demand for an honest, impartial
jury ; pray, is this demand that we go back to the old and well-trodden piths of justice and legal
decision, a matter that should fire the Northern mind and set all the demagogues in the whole laud
north of Mason and Dixon's line to declaiming against this side of the Chamber ?

THE REMEDY.
So much for the law as it exists. What is the remedy ? It is not easy to provide a remedy ; but
•one thing is certain, experience has proved ttiat when you frame a jury system under which there
may be many political questions or political trials, or danger of political bias or prejudice, it is es-
sential that you shall provide in some way that the juries shall not consist of men of one political
party alone. That experience proves. Is there anything strange in our taking no ice of the exist-
ence of political parties ? Why, sir, do we not take notice of it in one way or another, directly or
indirectly, in many of the states of the Union, and in the laws of the United States themselves ?
Do we not provide, directly or indirectly, in divers states of the United States, that judges of elec-
ti(m shall be of different 'political parties ? Do we not in our own election laws provide that the
.supervisors of election shall be of different political parlies ? We are, a» practical men, compelled
to recognize the fact that there are in this country great political parties, as there have been in every
free country that ever existed. To ignore that is to ignore as plain a fact as exists on the face of
the earth, and therefore the proposition in the pendins bill that the names of the jurors shall be
.placed in a box by the clerk of the court and by a jury commissioner, to be sppointed by the judge,
who shall be of the principal political party opposed to that to which the Cierk belongs, and that
they shall put in names alteniately until the proper number is placed in the box, is not obnoxious
to criticism because it recognizes the fact of the existence of political parties.

214 THREE MONSTROUS GRIEVA.NCES.

It required the struggle of nearly a whole year in Congress to get these refornlff-
which Senator Thurman demonstrated to be so necessary in our judiciary. As
long as there was a decent pretext for opposing them they were opposed. The
legislative bill containing them was vetoed by the de facto President. It was not till
the jury bill was enacted as an independent measure that it was approved. Had
not the Republicans felt that they had a suflBcient record to defend in upholding
the monstrous claim of the right to combat elections with Federal troops, it is
doubtful whether these jury reforms would have been secured.

THE FEDERAL ELECTION LAWS.
Third. — The consideration of the Federal Election Laws, sections 2016 to 2028,
and 2031 and 5522, Revised Statutes, is our last duty. The claim of constitu-
tional authority for these laws is based upon article 2, section 1, clause 2 of the
Constitution. It is as follows :

Each state shall appoint, in sfich manner as the legislature thereof may direct, a number of
electors, equal to the whole number of Senators and Representatives to which the state may be
entitled in the Congress.

The word "manner" in this clause of the Constitution is the foundation upon
which the Republican leaders base the entire superstructure of Federal Election
Laws. These laws, be it remembered, not only give the federal officials appointed
under them — the chief supervisors of elections, the supervisors of elections and the
deputy marshals— the power not only to control elections for representatives, but
for presidential electors, and executive officers of the states and members of the
state legislatures. The elections for these state officials are in almost every
state held at the same time and place as the elections for members of Congress.
These federal officers supervising, regulating and controlling, not only the elec-
tion officers of the state, but the registration of voters which precedes the elec-
tion as well, therefore exercise an unwarranted power, even admitting their
constitutional right to interfere at federal elections, in deciding state elections.

SENATOR THURMAN 'S UNANSWERABLE ARGUMENT.

It was upon this ground that Senator Thurman based his unanswerable argu-
ment against the Federal Election Laws. He said :

I go to another proposition which I hold is capable of demonstration, and that is, that whether
the right of Congress to regulate the manner of congressional elections when there is no default on
the part of the state exists or does not exist, the law which this bill proposes to repeal is not con-
stitutional exercise of the power, for it is fundamentaZ that Congress cannot under article 1, sec-
tion 4, interfere in any manner unth the election of state officers. It can no more do it, imder pre-
tense of regulating congressional elections, than it can when no Congressmen are to be elected. It
follows that any regulation of congressional elections enacted by Congress must be so framed as
not to interfere with the election of state officers. If it do so interfere, it is unconstitutional.
Upon that I stand with a consciousness of being in the right that I hope is not presumptuous. To
me no legal proposition ever appeared clearer. There are two clat-ses of elections in this country.
There is an election for federal officers, Representatives and Senators in the Congress, and electors
of President and Vice-President ; if the latter can properly be called Federal officers. There is
another class of elections for the officers of a state and her sub-divisions. With the elections of"
this latter class, Congress under this clause of the Constitution has no more right to interfere than
it has to interfere with the elections in France. So far as it can interfere at all, it is under the Fif-
teenth Amendment, and that is simply to guarantee the right of men otherwise qualified against a
discrimination on account of race, color, or previous condition of servitude. But that guarantee, I
have shown, has nothing to do here. Here the question is not about objections of race, color, or
previous condiiion of servitude, but it is whether Congress under the pretense of regulating con-
gressional elections can in effect regulate the elections of state officers too, and that in direct viola-
tion of the laws and the rights of tbe states.

Sir, did our farthers ever think for a moment when they were placing that provision in the Con-
stitution authorizing Congress to make regulations in respect of the times, places, and manner of
electing members of the House of Representatives or Senators in Congress that they were giving
Congress plenary power over the election of state officers ?

WAS THAT THEIR OPINION ?

That it was not their opinion we may easily see by the forcible language in this same fifty-eighth
number of the Federalist'.

Suppose an article had been introduced into the Constitution empowering the United States to
regulate the elections for the particular states, would any man have hesitated to condemn it both as

THREE MONSTROUS GRIEVANCES. 215

an unwarantable transposition of power and as a premeditated engine for the destruction of the
state government ? The violation of principle in this case would have required no comment, and
to an unbiased observer it will not be less apparent in the project of subjecting the existence of
the national government in a similar respect to the pleasure of the state governments. An impar-
tial view of the matter cannot fail to result in a conviction that each, as far as possible, ought to
depend on itself for its own preservation.

If our forefathers in the convention should have put a clause in the Constitution that would
warrant what these laws attempt, they knew that the whole instrument would be rejected, and
rejected with scorn and indignation. Sir, I ask what do these laws effect ? Do they not interfere
with the election of state officers ? How is it that when thousands, I believe I am not going too
far in saying thousands, of men who claimed the right to vote, and who so Tar as we know had the
right to vote, at the last election in the city of New York, were arrested by Federal officers, dragged
from the polls before Mr. Commissioner Davenport, put in a cage, as many as the cage would hold,
kept there until the election was over, and others only admitted to bail on the condition that they
would promise not to vote, others again only on condition that they would surrender their naturaliz-
ation papers— papers that he had no more right to take from them than he had to take their goods
and chattels— when that was done, was that not interference with the election of the officers of the
state ? Was that simply a regulation of the matter of electing members of Congress ? Was that
not an interference with the election of the members of the legislature of the state who were to be
chosen at that election ? Was it not an interference with the election of one of the judges of the
highest judicial tribunal of that state then to be chosen ? Was it not an interference with the elec-
tion of every state officer who, was voted for at that election ? Who can deny it ? Nobody can.
And, sir, will you tell me that Congress, under the power to regulate the manner of elections in the
choice of members of Congress, can frame a law in such wise as really to authorize a deputy mar-
shal of the United States to tear the state judges of election from their seats and confine them in
prison and stop the election, and that all that is not interfering with the rights of the states to hold
their election for state officers according to their own laws ? Will you tell me that that is the exer-
cise of the power to regulate the manner of electing members of Congress ? No, sir, it will not
stand one moment's examination. There are some things so clear that argument upon them is
useless.

ANOTHER POINT WAS MADE CLEAR

by Senator "Wallace. The undue authority exercised by these Federal officers,

acting under the Federal Election laws, would enable them to nullify the laws

of the states in regard to the qualifications of voters. Congress has no such

power. Article 1, section 2, of the Constitution says the qualifications of

electors for members of Congress shall be the same as the qualifications requisite

for electors of the most numerous branch of the state legislature. Remarking

. on this, Senator Wallace said :

The electors for the House of Representatives of the United States are those who are qualified
electors for the legislatures of the states. Qualified how ? Qualified by whom ? Qualified by the
Federal government ? A qualification created in an act of Congress enforced by the marshals at
the point of the bayonet ? No, sir ; but qualified by the states. The electors for the members of
the legislatures of the states are the electors for members of the House of Representatives and
they are to be qualified by and under the constitutions of the states. If you have no qualifications
of electors for the members of the legislatures of the states, you have under the Constitution no
criterion to determine who are to be electors for members of Congress. Where are your qualified
electors then ? They have vanished and gone. There can be no electors for members of the lower
House if there be no electors for the state legislatures. There is no measure or criterion of quali-
fication except as it is found in the clause quoted, whicn provides that the electors for members of
the United States House of Representatives are the electors of the state who are qualified by state
constitutions and state laws to vote for members of the legislature. If there be none of these,
there can be none for members of the Federal house, and it logically follows, that the existence of
th'e state legislatures is vital to the existence of that branch of the Federal government, for in
their absence you have no criterion, no qualification under the Constitution itself. Do we presume
to exercise that power here ? Do we assert that we can grasp that power and regulate by a Federal
statute the qualifications of voters ? If we do, we make a consolidated government out of a
Democratic republic.

OLD FEDERAL THEORIES IN NEW FORMS.

National power over the voter as such, or national elections as such, are neW forms of old federal
theories. In the laws we propose to repeal, and in kindred enactments in 1870 and 1871, the
revamped doctrines of the federalism of 1798 first finds statutory existence. The universal practice
of the government since 1801 has been against any such theory as is found in these statutes.
National electors would require national citizenship for qualification. How absurd a theory, that
a man may be a citizen of the state and not of the Lnited States and still be a national voter. Yet
I propose to show that such would be the legitimate result of this teaching as to national elections.
This subject is rightly and absolutely controlled by state law and state constitutions in almost
every state. There are no national voters. Voters who vote for national Representatives are
qualified by state constitutions and state laws, and national citizenship is not required of a voter
of the state by any provision of the Federal Constitution nor in practice. Under the constitutions
of Kansas, Nebraska, and Colorado an unnaturalized foreigner who has declared his intention to
become a citizen may vote for members of Congress and state officers if he has resided six months
in the state, and in Indiana, Minnesota, Oregon, and Wisconsin after a residence of twelve months,
while in Massachusetts he must reside in the state two years after he has been naturalized. Does
the new gospel as to control of elections by na^ioraa/ authority contemplate makinor the rule of seveh
years' residence, required by Massachusetts, or that of six months, required by Kansas, the test of
qualification as a "national" voter for a forsiga-bora citizen ? Which is the doctrine ? Is it that

216 THPwEE MOXSTKOUS GKIEVAXCES.

of Massachusetts or that of Kansas? The foreign-born citizen declaring his intention, after six
months' residence in Kansas, is a voter, and may vote for a member of Congress and governor of
the state, while in Massachusetts he must carry a parchment certifying.thit he is a citizen of the
United Stares and must have resided two years in Massachusetts. The whole difference is the
difference between seven years in one state and six months in another as applied to fofeign-boru
citizens.

HOW THE LAWS MIGHT BE USED.

National elections, naturally, necesssarily, include national voters, and the plain purpose indi-
cated by this action of the Executive is to make the states conform to the Federal authority as to
the rule of suffrage. I ask Senators who now have in their states masses of unnaturalized citizens
who are voting for members of Congrei-s, whether they seek to disfranchize these voters or whether
it is reasonable to hold that the Federal government can b}"^ its laws change the qualifications cre-
ated and fixed by state constitutions ? If Davenport could reject five thousand citizens in New York
because of his allegation of non-naturalization, why shall the twenty-five taousand in the Western
states who vote without naturalization be permitted to do so ? Only because the whole subject is
under state control. It is not hard to understand the meaning of the declaration of the Senator
from Vermont for "the universality of equal suffrage," if it be read in the light of 1799 and the
tenet of federalism. It means a universal rule of citizenship for suffrage everywhere. The states
are io be made to bend their will to the control of universal equal suffrage by the Federal govern-
vernment, and the control claimed by Kansas, Colorado, and Nebraska over the right to prescribe
the qualifications of voters is to give place to a statute enacted by the Federal government, pre-
scribing a rule like that of Massachusetts. What more potent argument as to the fallacy of the
existence of national elections can there be than the fact that qualifications for voters differ in
every state, and that by universal rule the states have absolute control of the subject ?

A FOREIGNER MAY VOTE IN CERTAIN STATES BEFORE HE IS A CITIZEN OF THE

UNITED STATES.

The laws of the United States require a residence of five years within the country before a
foreigner can be naturalized. This makes him a citizen of the United States, but he may be a
voter for members of Congress, or for electors for President, or for the members of a state legis-
lature who elect a United States Senator, after he has resided six months in the country if he lives
In Kansas, Nebraska, Colorado or Georgia; or within twelve months residence in Alabama, Arkan-
sas, Florida, Indiana, Minnesota, Missouri, Oregon, Texas, and Wisconsin.

A naturalized foreigner can vote in California after a residence of six months; Connecticut,
after a residence of one year if he be able to read any article of the constitution or any sejption of
the statutes of the state; Delaware, after one year's residence if he has paid taxes; Illinois, after
one year's residence; Iowa, six months' residence; Kentucky, two years' residence; Louisiana,
one year's residence; Maine, three months; Maryland, one year; Michigan, three months; Missis-
sippi, six months' residence; Nevada, six months; New Hampshire and New Jersey, one year;
North Carolina, one year; Ohio, one year; South Carolina, one year; Tennessee, one year; Ver-
mont and Virginia, one year; and West Virginia one year in the state. The same residence is
required in these twenty-one states of the native-brim citizens.

In these states residence is superadded by state authority as a qualification to voting for all
officers, state as well as Federal. In Massachusetts two years, in Pennsylvania thirty days, and in
New York ten days are added by State authority to the qualification of five years; and in Rhode
Island ownership of real estate must be in the naturalized foreigner before he is a voter.

Are all these distinctions, are all the restrictions imposed by state authority and state consti-
tution as to residence, naturalization, qualification, registration, age, tax, and property, to be
obliterated in this effort for tho " universality of the security of equal suffrage" in this renewed
and studied effort for a consolidated government ?

In the 51st number of the Federalist we find the question of suffrage discussed

as follows:

The definition of the right of suffrage is very justly regarded as a fundamental article of repub-
lican government. It was incumbent on the convention, therefore, to define and establish this,
right in the Constitution. To have left it open for the occasional regulation of the Congress would'
have been improper for the reason just mentioned. To have submitted it to the legislative discre-
tion of the states would have been improper for the same reason, and for the additional reason that
it would have rendered too dependent on the state governments that branch of the Federal govern-
ment which ought to be dependent on the people alone. To have reduced the different qualifica-
tions in the different states to one uniform rule would probably have been as dissatisfactory to
«omeofthe states as it would have been difficult to the convention. The provision made by the
■convention appears, therefore, to be the best that lay within their option. It must be satisfactory
to every state, because it i« conformable to the standard already established, or which may be
established by the state itself. It will be safe to the United States, because, being fixed by the
state constitutions, it is not alterable by the state governments, and it cannot be feared that the
people of the states will alter this part of their constitutions in such a manner as to abridge ths
rights secured to them by the Federal constitution.

WHAT THE DEMOCRATS PROPOSED TO DO.

The Democratic majority in Congress, in attempting to repeal certain pro-
visions of these Federal election laws, were accused, first, of attempting a
*' revolution" — of a purpose to starve the government to death unless they were
allowed to accomplish their second purpose, which it was alleged was to remove
all restraints, overturn all safeguards which had been placed about the polls to
prevent fraud. ^

THREE MOXSTROUS GRIEVANCES. * 217

It was asserted that they were in favor of every sort and description of frauds
at elections. A more senseless and wicked falsehood was never uttered. This
cry of "revolution" has been the sole stock in trade of the fraudulent administra-
tion and the Republican minority in Congress since the great fraud of 1876 was
consummated. When the Democratic majority in the House of Representatives
proposed to inquire into tlie monstrous crimes by which that wicked nullification
of the will of the people was accomplished, the Republican minority at once set
up the howl of " revolution. " It fell flat when the Democrats, having probed
to the bottom the frauds of 1876-1877 and demonstrated as clear as the un-
clouded sky at noonday, that Rutherford B. Hayes had no shadow of title to
occupy the White House, save the partisan decision — eight to seven — of an uncon-
stitutional commission, voted that they would establish no new and possibly
dangerous precedent by initiating legal proceedings to unseat him. Again when
the cry was shouted at the last session of the Forty-fifth Congress that the Demo-
crats meant to starve the government to death unless the Executive would con-
sent to be coerced into approving their enactments, and was renewed and con-
tinued in the Forty-sixth Congress, it another time proved brutem fiUmen, when
the Democratic majority, having exhausted every legal remedy to secure the
redress of substantial grievances, voted the money necessary to carry on the
machinery of government.

What the Democrats proposed to do, and all they proposed to do, was to amend
the Federal election laws so they would cease to be non-partisan ; so they would
■cease to be unnecessarily oppressive and arbitrary ; so they would no longer be
capable, in the hands of unscrupulous and designing men of intimidating legal
but timid electors ; so they would not permit the control of state elections for
•State ofiicers ; so they would not legalize an unnecessary and illegal squandering
of the people's money. This, and this only, was their purpose. It was charged,
and the charge is iterated and reiterated that they proposed and attempted to
"Wipe out the Federal election laws. It was and is a base calumny. They pro.
posed to amend fifteen sections of these laws, which number nearly one hundred
sections. From many of these fifteen sections they proposed only to strike a few-
lines and from others only a word or a few words. We have printed these sec-
tions which it was proposed to amend in full, with the lines and words to be
stricken out in italics.

THE BASE USE TO WHICH THEY ARE PUT.

We have shown how thefte laws originated, and how they were made to serve
tlie pecuniary purposes of their author. We will now show how they were made
to serve the basest partisan purposes. They have been employed in two ways.
Mrst, as a means of corrupting electors. This was easy. There are always a
low class of electors in every great city whose votes can be purchased. The
appointment of these men as deputy marshals was a legalized way of buying their
votes and making the government furnish the money.

One Congressional district in the city of St. Louis was carried by the repub-
licans in 1876 in this way. There were one thousand and twenty-eight deputy
marshals appointed in that city for no other purpose than to secure their votes
ior and their assistance in the election of the three republican candidates in the
three Congressional districts of St. Louis. There was $20,000 of the people's
money spent as campaign money in that contest, though ostensibly for enforcing
the election laws. D. W. D. Barnard, an old friend of General Grant and a
National Bank Examiner, testified in the contested election case of Frost vs.

218 THREE MONSTROUS GRIEVANCES.

Metcalf that he controlled the appointment of these deputy marshals and that he
used his power simply and only for partisan purposes.

He was asked: " Was there anymore necessity for the appointment of marshals
for that election than for any previous election ?" He answered, " Oh, well, you
gentlemen know very well that in a political struggle for party ascendancy it is
necessary for the co-ordinate branches of the government to be in accord : and
there was an effort on the part, so 1 interpreted it, of the party which I acted with
to gain control of the House of Representatives."

Thomas Berrell, J. F. Ryan, K W. Devoy, Michael Carroll, Matthew Horan
and Michael Welsh testified that they were appointed deputy marshals on thc^
condition that they would vote for the Republican candidate, and others were
appointed on a like distinct pledge. Carroll testified that the man who
appointed him said, " I don't care a damn what you are ; I want you to do one
thing and I will get you a commission— vote for Metcalf." Thomas McNamara
testified that he was appointed a deputy marshal eight days before the election
and instructed " to move around the ward and do all he could to help Metcalf."
These marshals were in companies and under captains. Michael Welsh testified
that his company was instructed on election day "to arrest all the Democrats they'
could, bring them in and keep them from voting— damn them."

Second, The Federal Elect ions Laws have not only been perverted to enable
the money of the United States to be used for corrupting electors, but the chief
supervisors by appointing men from the lowest and most vicious classes deputy
marshals, not only secured their votes, but employed them to terrrorize and intim-
idate legal voters. Here is a list of the characters appointed deputy marshals in
New York city.

NEW YORK'S SCITM AS DEPUTY MARSHALS;

J. F. Baderhop, appointed by this estimable Judge Woodruff, at the instance of 6on\e of my
friends, " bucket-men " in New York, some of those " shoulder-hitters " and " rat-pit heroes."

Theodore, alias Mike Anthony, alias Snuffy, of 24 Cherry street, a laborer, thirty-five years of
age, married, and cannot read or write. Anthony was arrested by detective James Finn, of the
fourth precinct, on July 24, 1870, for larceny from the person, and was held in $2,000 bail for
trial by Justice Hogan. He was indicted by the grand jury on the charge on the 23d of August
last.

Joseph Frazier, of 279 Water street, is a thief and confederate of thieves.

James Miller is the keeper of a den of prostitution in the basement of 339 Water street.

James Tinnigan keeps a similar den in the basement of 337 Water street.

James Sullivan, alias Slocum, keeps a house of prostitution at 330 Water street, which is a resort
for desperate thieves.

Frank Winkle keeps a house of prostitution at337i Water street.

John, alias " Buckey " McCabe, supervisor of the Eighth District, Fifteenth Ward. He is now
under indictment for shooting a man' with intent to kill. This precious " supervisor " was first

known to the police for his dexterity in robbing emigrants. His picture is in the " rogues' gallery
at police headquarters in this city. No. 225. He was known as Pat Madden, { " ' "
Honsey Nicholas, alias Dennis McCabe. His real name is Andrew Andrews.

Joseph Hurtnett, supervisor Eighteenth Ward. Arrested June 3. 1869, as accessory to the mur-
der of Richard Gerdes, a grocer, corner of First avenue and Twenty-fourth street.'

Henry Rail, supervisor Eighth Ward. One of the principals in tiie Chatham street saloon mur-
der; went off West to escape punishment, and has only been back a few weeks.

James Moran, supervisor Third District, Eighth Ward. Arrested on Sunday last for felonious
assault.

William (alias Pomp) Hartman (colored), marshal Twenty-second Ward. Arrested a few days
since for vagrancy.

Theodore Allen, marshal Eighth Ward. Now in prison for perjury and keeps a house, the resort
of panel thieves and pickpockets, on Mercer street.

Richard O'Connor, supervisor Seventh District, First Ward; has been for years receiver of smug-
gled cigars from Havana steamers.

L. H. Cargill, supervisor Ninth District, Ninth Ward; tried in United States Court for robbing
the mails.

John Van Buren, supervisor Twelfth District, Eighth Ward; was at one time in sheriff's office
and discharged for carrying a load of seized goods from the establishment of Richard Walters in
East Broadway.

Mart Allen, marshal Eighth Ward; served a term of five years in the Connecticut State prison;
sentenced to Sing Sing for five years by Judge Bedford.

John McChesney, supervisor Fourth District, Ninth Ward; associated with thieves; bears a bad
character generally.

William Cassidy, supervisor Twefth District, Ninth Ward; is street bummer, without any visible
means of support.

• THREE MONSTROUS GRIEVANCES. 21^

TTiomas Mclntyre, marshal Eiehth Ward; has been frequently arrested for beating his aged
mother; sent several times to Blackwell's leland.

Timothy Lynch, marshal Sixth District, First Ward ; a Washington market lounger.

Peter Mose, marshal Sixth Ward ; habitual drunkard.

John Connor, supervisor First District, First Ward ; keeps a disorderly gin-mill, resort of lowes
characters.

Francis Jordan, supervisor Sixth District, First Ward ; lives in New Jersey ; was turned out of
the post-office by Postmaster Jones for bad conduct.

Bernard Dugan, supervisor Eighth District, First Ward ; habitual drunkard. His wife left him on
account of his drunkenness, and procured a divorce on that ground.

John Tobin, supervisor Ninth District, First Ward ; arrested about six months ago for grand
larceny.

Patrick Mnrphy, supervisor Fourth District, Sixth Ward ; two years ago distributed fraudulent
naturalization papers, and would furnish them to anybody that would promise to vote for Grant.

Edward Sievin, Jr., supervisor Second District, Fourth Ward ; has an indictment now pending^
against him in court of general sessions for cutting a boy named Kilkenny.

Michael Foley, supervisor Fourth District, Fourth Ward ; well known repeater, voting for any
body that will pay.

James F. Day, supervisor Seventh District, Fourth Ward ; shot at a man in fight between the
Walsh association and a gang from Water street.

John Conners, alias "Jockey," supervisor Third District, Fourth Ward ; a well-known desperate
character.

*************

Michael Costello, marshal Sixth Ward ; bounty-jumper during the war.

Harry Rice, supervisor Thirteenth District, Sixth Ward ; was connected with the Chatham street
concert saloon murder and fled to Nebraska to escape punishment.

Thomas Lane, supervisor Seventeenth District, Sixth Ward ; formerly keeper of a notorious den
at Five Points, headquarters of thieves and robbers.

John Lane, supervisor Twenty-second District, same Ward ; was indicted for receiving stolen,
goods. Has served a term in Sing Sing.

Edward Foley, supervisor Sixth District, Ninth Ward ; arrested lastiyear for stealing a watch.

Humphrey Ayers, supervisor Eighteenth District, Ninth Ward ; arrested six years ago for robbing
the United States mail.

John Dowling, supervisor Nineteenth District, Ninth Ward ; arrested August 20th, 1869, for till-
tapping.

James Fitzsimmons, supervisor Twentieth District, Ninth Ward ; arrested August 1st, 1868, for
robbery.

John Martin, supervisor Fifth District, Twelfth Ward ; arrested a few years ago under an indict-
ment for arson.

Samuel Rich, supervisor Fourth District, Thirteenth Ward ; served a term of two years at Sing:
Sing for felonious assault.

John alias " Buckey " McCabe, supervisor Eighth District, Fifteenth Ward ; charged with shoot-
ing a man with intent to kill about a year ago.

William P. Burke, supervisor Twentieth District, Eighth Ward : served his term in the State
prison of Massachusetts for burglary ; also two years in the New York State prison.

James McCabe, supervisor Fourth District, Eighth Ward ; now confined in the Tombs under in-
dictment for highway robbery.

William Irving, supervisor Fourteenth District, Eighth Ward ; has served a term in Sing Sing
prison for burglary committed in the Eighth ward, and has never been pardoned.

Patrick Henry Kily, alias Fred. Williams, supervisor Twenty-second District, Eighth Ward ;
keeper of a house of ill-fame : resort of the lowest and vilest characters.

Patrick Hefferman, supervisor of the Tenth District, Sixth Ward ; arrested some time since for
attempted murder.

Frederick Sterringer, supervisor Eighth Ward, has been arrested several times for keeping dis-
orderly house.

J. F. Baderhop, supervisor Tenth Ward ; arrested for murder a few years since.

Ed. Weaver, marshal in Eighth Ward ; has been but a short time out of State prison, where he
has been serving out his sentence.

Walter Prince (colored), marshal Eighth Ward ; now in prison awaiting trial for highway rob-
bery.

Andrew Andrews, alias Hans Nichols, marshal ; panel-thief ; been sentenced two or three time*
to State prison, and has just returned from Blackwell's Island.

I read this from page 1,636 of the Congressional Globe for the Forty-first Congress, third session,
February 24th, 1871.

PHILADELPHIA JAIL BIRDS AS DEPUTY MARSHALS.

In Philadelphia the list is equally redolent of crime, the gallows and murderer's
cell. Here they are for 1878 :

Charles Oliphant, marshal Second division, Twentieth Ward ; drunk on election day and insult-
ing voters ; seized Mr. Hackenberg without cause.

Charles Herr, marshal Second Division, Twenty -ninth Ward ; character and reputation bad,
had been arrested for crime. On election day he arrested a voter, who was released by Judge
Hare and voted. Herr wore a badge and solicited votes as a Republican.

Arthur Vance, marshal Eighth Division, Fifth Ward; arrested Hutchinson, a voter, without
cause. Vance was a notorious Republican worker.

John Homeyard, marshal Sixth Division, Sixth Ward ; drunk and arrested voters without cause,
drew a club on a Democrat for challenging a negro repeater. The police blocked up the poll, acted
in concert with Homeyard and brought voters to polls. Homeyard vouched for Republican voters
and distributed Republican tickets. Shriver, a United States revenue officer, kept Republican
window-book.

J. R. Desano, marshal First Division, Fifth Ward ; drunk all day, too drunk to arrest any one.
There were five policemen at these polls. Desano never voted in that division before that day.

220 THREE MCNSTROUS GRIEVANCES.

James Brown, marshal Fourteenth Division, Fourth Ward ; record of his conviction in 1872 for
noting illegally produced. Proof was made that he voted twice on the same day.

William Augustus, Fourth Division, Eighth Ward ; acted as marshal, assuming authority as such,
but was not on the list ; a Republican worker.

Joseph HilfeTty, marshal Twenty-first Division, Second Ward; held the Republican window-book
.all day and electioneered : threatened to arrest the Democratic United States supervisor for pro-
curinj; bail for a legal voter who had been arrested.

William McGowan, marshal Twenty-third Division, Second Ward. A policeman blocked up the
voting window, and a Democratic United States supervisor ordered him away, when McGowan and
the policeman seized him and locked him up in the station-house on a charge of interfering with
officers. The case was never tried. McGowan is employed in the gas office and paid by the city.

Charles N. Miller, detective, testified that in Seventeenth Division of Nineteenth Ward a gang of
repeaters were brought to the polls by a letter-carrier ; he had one of the gang arrested.

Philip Madden, marshal Fourth Ward ; one of the most dangerous men in the city, has been in
.prison twice, once for highway robbery, and the second time for shooting a colored boy.

Francis McNamee, marshal Eighth Ward ; had been arrested for five different robberies.

Andrew Lenoir, marshal First Ward ; a warrant has been issued for him for larceny.

Daniel Redding, marshal First Ward ; a bad and dangerous man, had been tried for murder.

Henry Pitts, marshal Seventh Ward ; a colored man who keeps a gambling- house and been ar-
irested twice ; distributed Republican tickets and vouched for voters.

R. S. Stringfield, marshal Fifteenth Ward ; had been tried for shooting a man , character very
T)ad.

Michael Slavin, marshal Fifth Ward ; a thief and notorious repeater, had been arrested for sub-
'Ornation of perjury, but never tried.

William Glenn, marshal Nineteenth Ward, superintendent of Norris square, and paid by the
■city for his duties.

Enoch Baker, marshal Second Division, Third Ward ; arrested John Carroll, a legal voter, with-
out cause and locked him up ; Carroll was discharged after a hearing.

J. Roberts, marshal Sixteenth Division, Third Ward ; arrested John Johnson a legal voter and
locked him up all night ; case never tried. Roberts electioneered for the Republican ticket ; was
clerk in the gas office and paid by the city ; there were also twelve to fourteen policemen at the
polls all day, and they blocked up the poll.

Andrew Jackson, marshal Twenty-second Division, Thirteenth Ward ; employed in the gas
■works under the city. Ackerman, Republican judge of election, acted as United States supervisor
and judge and refused to vacate the place of judge after writen orders by marshal Kearns and
.jndge Elcock. Jackson arrested Feeny, who had been legally appointed judge and took him
away from the polls. Did not return to get possession until 2 p. m.

C. A. Pinnexson, marshal Thirteenth Ward ; aided in arrestmg Feeny.

Taylor, marshal Fifteenth Division, Third Ward, arrested Sweeny for illegal voting and

locked him up ; charge was found to be false and he was released and voted.

James Calligan, marshal Eighth Division, Sixth Ward ; so drunk in the afternoon he could not
walk, seized a qualified voter by the collar and staggered with him against the wall ; policeman
brought a repeater to the polls, who was arrested, as was the policeman.

Henry Scott, marshal Second Division, Seventh Ward ; a man of bad repute, colored, keeps a
low drinking house ; electionered and gave out tickets and tax receipts ; was inside at the counting
of the vote and took tickets out of the box ; only five votes came out for the Democratic candidate
for Congress ; democratic overseer contested this, and Scott allowed seventeen to be counted for
-him.

Thomas Donlan, marshal Seventh Division, Sixth Ward ; an habitual drunkard and a graduate
•of house of correction for this ; was drunk all day.

William D. Barth, marshal ; same place; blocked up the voting window and would not allow
legal voters to come to it ; there were two United States marshals and six policemen at this poll.

John Archer, marshal Twenty-seventh Division, Nineteenth Ward ; acted as United States
supervisor; was on both lists and paid as both officers ; when a marshal wanted during the day to
.arrest a Republican rep^ter, he did not make known that he was a deputy marshal ; had no badge;
Jieavy Republican division ; no policeman there.

Joseph T. Fuller, marshal Sixth Division, Twenty-third Ward ; a guard in the House of Correc-
tion and paid by the city.

William Stringfield, marshal Thirty-Second Division. Twenty-fourth Ward ; arrested a legal
TOter and took him to the magistrate's, where he was discharged ; Stringfield was discharged from
employment the day before election for stealing.

Charles Male, marshal Seventh Division, Eleventh Ward, keeps a house of prostitution.

Abraham Hoffman, marshal Eleventh Ward, a repeater, and had kept a house of prostitution
within a year; a thief.

William Eckenbrim, marshal Eleventh Ward, arrested for larceny: bill ignored.

David Beckman, marshal Thirty-second Division, Nineteenth Ward, held the Republican win-
dow-book and electioneered; threatened to put the Demociatic United States supervisor out of the
room for challenging a voter: the vote was rejected and the voter did not return.

William A. Ahem, marshal Ninth Division, Twelfth Ward, employed in the United States
Revenue office.

Fleming, marshal Sixth Division, Eighteenth Ward, distributed Republican tickets and

challenged voters; a legal vote was rejected on his challenge; intimidated mauy Democratic
voters.

William Boehm, marshal Eighteenth Division, Twenty-ninth Ward, plug inspector, and paid by
the city, electioneered and distributed Republican tickets.

Charles Prenderville, marshal Seventeenth Division, Fifth Ward, arrested a legal voter; case
never tried; electioneered for Republicans all day.

This was the record of a two days' investigation at Philadelphia.

The character of elections in Philadelpliia is well-known. The registration
there is always in excess of the legal voters from '30,000 to 50,000. The repub-
licans having the machinery of registration in their own hands, uniformly and

THREE MONSTROUS GRIEVANCES.

221

systematically make the registration in excess as a preparation to repeating and",
other forms of illegal voting. Before every election the Democrats prepare affi-
davits and go into the courts and have several thousand stricken from the regis-
ter lists, but they can scarcely more than make a beginning, because all the
courts can give suffices only to strike off a few hundreds a day.

HOW THE people's MONEY IS SQUANDERED.

The following tables show what these federal election laws have cost the peo-
ple at the two last Congressional elections and where the money has been ex-
pended :

Supervisors and Deputy Marshals employed in 1876, with compensation.

States and Districts.

^1
III

<

i.

If

Amount paid
Supervisors.

it

m

a

a
<

Alabama, northern

150
244
192
785
214
244
135
745
207
115
840

1,222

117

239

9

1,032

9

249

342

723

2,500

166

13

347

49

338

30

.18

201

Alabama, middle

32,298 38

19

$500 00

$2,530 00

$5,238 36^

Arkansas, eastern

Arkansas, western . . . .

California

Delaware

1,578 99

105

5,220 00

4,225 00

11,023 99'

Georgia

567 50

1,410 00
1,105 0(»
5,705 00
8,085 00
1,170 00

1,977 50
6,745 00-

Illinois, northern

188

270

574

66

5,640 00

4,115 00

2,950 00

660 00

Louisiana

4,463 33

977 55

223 20

50 50

14 283 33

Maryland

12 012 55

2,083 20
50 50'

Mississippi, northern

Missouri, eastern ...

187 40

152

1,330 00

16,385 00

17,902 40»

New Jersey. . .

3.771 19
7,723 70
12,150 52
19,383 36
501 84

85

339

370

1,070

3,420 00

9,975 00

11,674 00

32,115 00

4,085 00

7,925 00

11,986 00

1 39,785 00

12,276 19
25,623 70»

New York, eastern

35,810 22

New York, southern

North Carolina, eastern

91,283 36
591 84

Pennsylvania, eastern (Philadelphia)

Pennsylvania western.

3.449 40

1,368
224

27,360 00
2,240 00

3,500 00
490 00
395 00
150 00
900 00

1,785 00

34,309 40
2,730 OO-

South Carolina

879 14
120 00
249 92
551 05
206 00

1,274 14

Tennessee, western

""'33

i,866'66

1,630 00

279 00'

Texas, eastern

2,949 92r

Virginia, eastern .

3,966 05-

Virginia western

205 00-

West Virginia

4

4
78
18

Utah .. .

Total . . .

59,371 67

4,863

110,629 00

11,610

112,616 00

282,616 67

Amount paid U. S. Commissioners in New
York City for services under election laws .

3,304 60-

Total expenditures reported for 1876. . .

285,82127

222

THREE MONSTROUS GRIEVANCES.

Supervisors and Deputy Marshals employed ir

1878. with compensation.

States and Districts.

AmoKnt paid
Chief Super-
visors.

No. of Super-
visors.

Amount paid
Supervisors.

If

m

Total Amount
paid.

Alabama ■

$1,551 71

.1R1.000 00

110
175
189
36
215

698
10

224
20

192

10

1,260

574

376
71

773
19
46
79
93

$1,000 00 $3,551 71

1

Florida

i

Georgia

i

170 OOi 170 00

Illinois, northern

224

4,480 66
870 on

2,240 00' 6,720 00

^Kentucky

116 00

1,313 00

351 03

870 00 1,856 00

Louisiana .

206! 3,600 00

230: 2,9.50 00

52 1.300 00

282, 8,460 00

4,000 CO 8,913 00

Maryland

4,443 00 7,746 03

Michigan, eastern

2,935 00 1,435 00

Massachusetts

135 00 11,395 00

Nevada

New Jersey

7,324 84

148 3,050 00

2,880 OOi 13.254 84

l^ew Mexico

New Yorlc, southern (city)

1,235] 30,000 00
354 10,620 00
3741 11,000 00

1 890 00

1,370 27,440 00

312' 3,121 00

34 680 00

27,666 66' 57.666 66

New York, eastern ;

15,972 3:i

7,558 80

740 45

5,830 00

6,500 00

7,000 00

447 78

7,550 00

33.092 33

New York, northern

25,558 80

■Ohio, southern

«,078 23

Pennsylvania, eastern

40,820 00

Pennsylvania, western

3,121 00

579 35

76666
■" 576'66

1,975 35

Texas

Virginia, eastern

585 00

70 020 00

1,775 00

Total

Amount paid U. S. Commissioner for eer-
vice s under election laws in New York city.

41,922 51

4,8^1

110,081 00

5,411

68,442 78

220,446 29
2.567 95

Total expenditures reported for 1878

222,714 24

In the above table the amount paid Chief Supervisor Davenport, of New York City, is not in-
cluded because it was not reported to Congress.

There is no data for expenditures prior to 1876, except in New York City, for

1872. There tlie amount expended in that year was $118,989.36.

GENERAL GARFIELD'S INCONSISTENT RECORD.

The record James A. Garfield made for himself on the proposition to amend
the Federal election laws illustrates his character and proves the bulk of the
charge which the leaders of his own party have time and again made against
liim, namely, that he is without moral courage, and consequently always incon-
sistent. His course in regard to the amendment of Section 2003, Revised Sta-
tutes, gave great offence to his party friends in both Houses of Congress, and
gained him no credit with the democrats. He began by declaring that in his
iudgment the woids, "or to keep the peace at the polls " ought to be stricken
from that section, and avowed his determination to vote therefor. This was at
the last session of the Forty-fifth Congress. In the Forty-sixth Congress he first
excused himself for not keeping thft pledge by declaring against the "wicked-
ness " of placing general legislation as "riders" on appropriation bills. Prob-
ably no man in public life has been guilty of more " wickedness " of this kind
than General Garfield. During the time he was Chairman of the Committee of
Appropriations there was scarcely an appropriation bill reported to the House
which did not contain one or more provisions of general legislation. Again,
when the report of the words, " or to keep the peace at the polls " was attempted
by an independent measure. General Garfield dodged the vote, and then when
the de facto President vetoed it, he voted to sustain the veto. And more than
this, he first voted to place a proviso on the army bill at the called session of the
Forty-sixth Congress, declaring that none of the money appropriated by that bill
■was intended for the support, equipment, transportation or pay of troops, to be

THREE MONSTROUS GRIEVANCES. 223

used to keep the peace at the polls, and forbidding the use of any of the money
for that purpose ; and at the second session of the Forty-sixth Congress he en-
deavored by every parliamentary trick to prevent a similar proviso being added
to the army bill, and when he failed he dodged the vote on the adoption of the
same. Mark how inconsistent was his course in regard to the amendment of the
election laws.

The Legislative, Executive and Judicial bill failed at the last session of the
Forty-fifth Congress because the Republicans would not yield on the proposition
to amend the election laws. At the first session of the Forty-sixth Congress
which was called by the de facto President, Mr. Cobb, on June 26, 1879, reported
from the Committee of Appropriations a deficiency bill making appropriations to
pay the fees of United States marshals and their general deputies. This bill con-
tained provisions amendatory of the Federal election law. In discussing this bill
on the following day General Garfield said :

GENERAL GARFIELD's EXTRAORDINARY VIEWS.

•
" The dogma of sovereignty which has reawakened to such vigorous life in this chamber has borne
such bitter fruits and entailed such suffering upon our people, that it deserves some particular no-
tice"

It should be noticed that the word sovereignty cannot be fitly applied to any government in this
<50untry. It is not found in our Constitution. It is a feudal word born of the despotism of the
middle ages, and was unknown even in imperial Rome, * * * [Imperialism,

however, which was known to Rome has never had any particular terror for Gen. Garfield]. Again
the government of the state may be absolutely abolished in case it is not republican in form. And
anally, to cap the climax of this absurd pretension, every right possessed by one of these sovei^eign states,
every inherent sovereign right except the single right to equal representation in the Senate may be taken
away without its consent by the vote of two-thirds of Congress and threefourths of the states. And
yet in spite of these disabilities we have them paraded as independent, sovereign states, the creators
of the Union and the dictators of its powers. How inherently sovereign must be that state west of
the Mississippi, which the Nation bought and paid for with the public money, and permitted to come
Into the Union a half a century after the Constitution was adopted!

So could two-thirds of Congress and three-fourths of the states vote to abolish

our form of government and establish a Presidency for life, with the succession
to the heir of the so-called President. The one is just as logical as the other. Ac-
cording to Gen. Garfield's theory two-thirds of Congress and three-fourths of the
states can constitutionally say that New York or Pennsylvania shall not elect a
governor for three years, but must elect them for twenty years ; that their legisla-
tures shall meet only once in fifty years, in short, take away from the people of
those states " every inherent right'' save equal representation in the Senate, and
even that they might say should not be enjoyed by Catholics or Presbyterians,

Holding such views as these in regard to federal power, it is not strange that
Gen. Garfield should argue as he did in the same speech that the Nation
might send its soldiers and deputy marshals to the polling places in any state and
supervise local as well as well as general elections, under the pretence of keeping
the peace of the Nation at the polls.

GENERAL GARFIELD ANSWERED.

Mr. Hurd, of Ohio, in answer to Gen. Garfield said:

My colleague, from Ohio, who has just taken his seat, has seen fit * * to enter

upon a discussion as to the nature of the Federal government, and the relations of the states to
that government under the Constitution which they created. Never in all my studies of the politi-
cal history of this country, never in all my knowledge of the political debates which have taken
place in the Congress of the United States, have I heard such views of consolidation advanced as
have been suggested to day by that gentleman.

He advanced the extraordinary proposition that the Union preceded the states, when the sev-
enth article of the Constitution declares:

" The ratification of the conventions of nine states shall be sufficient for the establishment of
this Constitution between the states so ratifying the same."

But in order that all doubt might be removed upon the subject that the Constitution and the
Union were the creature of the states, it was declared in the tenth amendment of the Constitution:

'• The powers not delegated to the United States by the Constitution, nor prohibited by it to the
states, are reserved to the states respectively, or to the people."

Nor is the opinion of the highest judicial tribunal in this country wanting upon this proposition.

224 THREE MONSTROUS GRIEVANCES.

Tn the case of Lane County vs. Oregon the following is the decision of Chief-Justice Chase, to be
found on page 76 of 7 Wallace :

" The people of the United States constitute one nation, under one government, and this gov-
ernment within the scope of the powers with which it is invested, is supreme. On the other hand,
the people of each state compose a state having its own government, and endowed with all the
functions essential to separate and independent existence. 7'he states disunited might continue to
exist. Without the states in union there could be no such political bodrj as the United States.''''
*******

At the beginning of this session of Congress the Democratic paitj' declared three propositions.
We insisted that the army should be kept away from the polls; that the test oath should be re-
pealed; and that laws should be enacted for the impartial drawing of jnrors, and that the Federal
government should not exercise authority over elections held within the states. We insi-ted and
maintained that because of and by virtue of the constitutional provision that the House of Repre-
sentatives alone shall originate money bills, the representatives of the people had the rig'it to in-
sist that the grievances of which they complained should be remedied before appropriations should
be made for the support of the government.

* * * * * • * *

We said that the measures to \Fhich we objected were unconstitutional; we said that there was-
no such person as a voter of the United States as such; that every man who had a right to vote had
it because of state authority and under state laws, and that therefore the Federal government, not
creating the voter, had no power to interfere with him in the exercise of his rights of franchise.

We insisted that under the laws as they now stand there is no such thing as a national election;
that under the provisions of the Constitution in order that there should be a national election it wa&
fundamental that Congress should fix the places, times and manner of holding such t^lection. la
that event there might be a national election, but that is not this case, for in every instance the-
times, places, and manner of holding elections are fixed by the constitution and the laws of the-
states, except in a single instance as to the time. The states having exercised power upon the
subject, there is no occasion for the exercise of power by the United States, a d to say that the-
United States and each state at the same time possess the power of fixing the time, place and man-
ner of holding elections is to say that two sovereignties posse!«s the power to do the same thing at
the same time on the same subject-matter, which is itself an absurdity. We maintain as to the-
army that it being a creature of Congress, it has no power to be within the limits of the sovereign
states, except as the Constitution of the United States provides, and then only for tiie purpose of
suppressing domestic insurrection or repelling the armed enemies of the United States, and then
only at the request of the legislature thereof, or the executive of the state, if the legislature be-
not in session.

*******

And in the history of this government, from the day of its foundation until now, the veto power
was never before exercised to prevent the repeal of a law or to prevent the enactment of a general
appropriation bill. Certainly never before was the veto power exercised to practically take away
from one of the two Houses of Congress a power which is conferred upon it separately by the pro-
visions of the Constitution itself. The power to originate bills of revenue is a power which belongs
to us, and it is a power which, if the President interferes with it as he has done by this veto in this
case, he can absolutely take away from us.

What reasons have been urged for these extraordinary vetoes? Chiefly that the bills we sought-
to pass took away from the executive authority power to enforce the law. Because we would hot
let him use the army on election day to keep the peace at the polls, he said we took away from him
the power to enforce the laws. Sir. the army is a creature of Contrress. The Constitution declares
that the Congress may raise an army. The Constitution declares that appropriations for the army
shall not last longer than two years. The Constitution declares that Congress may make rules and.
regulations for the government of the army; rules and regulations— -"rules " coming first, " regu-
lations" afterward. Therefore the army is absolutely the creature of Congress. Whether it shall
be used to execute the laws or not is for Congress to say, and not for the President. He must take
the army as we give it to him, for the purposes which we declare it shall be used. for, we being the-
power to create it.

*******

In the Forty -fifth Congress we said to the President, your army— our army, I mean— our army
shall not be used as a posse comitatus. In the Forty-sixth Congress we have said our army shall not
be used as a part of the police force. And before the Forty-sixth Congress shall have closed its
term I say to gentleman that we will have taken from the statute-book every law which proposes
to use this creature of ours at the polls to intimidate American citizens in the exercise of their high-
est prerogative.
** * * * * * * * * * * * **

Mr. Chairman, this extra session has made up the issue between the two parties. The Demo-
cratic party declare that the army shall be kept from the polls; that juries shall he impartially
drawn ; that the test oath shall be repealed, and that the Federal authority shall not interfere in
elections within the states. Upon that question the Republican party takes issue with us. Confi-
dently appealing only to the patriotism of the country, the Democratic party goes into this contest.
Never in all the history of this land have more important questions been submitted to the American
people for their determination.

THE BILL VETOED,

Mr. Cobb demanded the previous question on the passage of the bill, and Mr.
Conger called for the yeas and nays. The question being taken the bill passed
— yeas 89, nays 69 — Mr. Garfield voting nay.

The bill then went to the Senate and vt^as passed without amendment on Juno
28th. On the 30th day of same month it was vetoed by Mr. Hayes. The veto
message being read the question was, "Will the House, on reconsideration, agree
to pass the bill notwithstanding the o1>jections of the President ?" The yeas and

THREE MONSTROUS GRIEVANCES. 225

nays being demanded, the vote stood, yeas 85, nays 63, Mr. Garfield again
recording his vote in the negative. Two-thirds not voting in the affirmative the
bill was lost.

No appropriations were made at the first session of the Forty-sixth Congress
for the pay of marshals and their general deputies.

THE ELECTION LAWS AT THE SECOND SESSION FORTY-SIXTH CONGRESS.

At the second session of the Forty-sixth Congress the de facto President, Feb-
ruary 25, 1880, asked Congress in a special message to make appropriations for
the pay of the marshals for the current fiscal year. A general deficiency bill was
reported from the Committee of Appropriations providing, among other things,
for the pay of the marshals, with restrictive legislation in regard to the duties of
Federal election officers. The amount appropriated for the pay of marshals was
ample — $600,000 for that current year. There was no election that year and the
prohibition that none of it should be applied to the payment of expenses incurred
or to be incurred for election officers applied only to deficiencies on account of
liabilities incurred for an election in the state of California, or to what might be
unexpended. The pay of the special marshals for the election in California,
$7,600, had been guaranteed by the Republican State Committee, and therefore
it was a private obligation.

Gen. Garfield opposed the bill on the ground that it was a nullification of exist.
mg laws. He claimed that under sections 2011 and 2013, Revised Statutes, the
Judges of the Circuit Courts of the United States were bound to appoint these
election officers. This was literally begging the question. The law requires the
judges to appoint supervisors only — not deputy marshals. They are to be ap-
pointed by the marshals. The amendments to the election laws proposed by the
Democrats did not do away with supervisors. They only curtailed some of
their powers and repealed the unwonted powers given to special deputy mar-
shals. The deficiency bill prohibited payment only to these deputies. The mar-
shals knew before they appointed them that Congress had not provided for their
payment, and they and those they appointed acted upon their own responsibility
in appointing and accepting. The Revised Statutes, section 3679, specifically
prohibits the expenditure of any money or the incurring of any liabilitiea without
appropriations made for the same, or in excess of appropriations. Therefore the
marshals violated this law in appointing deputies, and the Department of Justice
violated it in permitting the marshals to incur the liability of paying these dep-
uties.

REPUBLICAN AUTHORITY QUOTED.

Mr. Warner, of Ohio, made a speech in which he elaborately argued the right
of the House to control money bills and the object for which appropriations
should be made. He quoted not only from the Fathers of the Republic to sho\f
that this had been their view of the power of the House and of Congress, but
from the great lights of the Republican party, Mr. Sumner, Mr. Fessenden, Mr.
Hale, Mr. Seward, Mr. Wilson, Mr. Giddings and Mr. Wade.

Mr. Woods, Senator from Ohio, said :

Must the people's House of Representatives sit with their arms folded, and although the Consti-
tution of the United States confers emphatically upon them the power to originate all revenue bills
(which comprises the power to place these grunts of money on sncfi conditions as they see fit,)
must they refrain from exercising their authority in an emergency like this ? Is this the liberty
of the American citizen, that the people's House, where there really is a representation of the peo-
ple, where the wisdom of the fathers placed the taxing power, are leading to revolution by annexing
a condition to the appropriation of the people's money a most wholesome restraint, putting a curb
in the mouth of the traitor who sits in the executive chair, now stimulating this country as fast as
he can do it to a civil war ?

226 THREE MONSTROUS GRIEVANCES.

John p. Hale, of New Hampshire, said :

Mr. President, I understand this principle to be the great principle of English liberty incorpor-
ated in our Constitution, and it is the only resource by which the Parliament of Great Britain have
held the king in check. If we surrender it we shall give our own Executive an arbitrary power un-
known to the Constitution, and not vested in the king of England. It is the only principle that
is left of popular government by which the supremacy of the popular will can be maintained
in this country or in England, and if we give it up to-day, we may just as well give up the
experiment.

Joshua R. Giddings spoke in the same way:

I take the position which I have always maintained here for myself, and which I am unwilling in
the midst of passing events to leave unproclairaed on this floor, and that is that the people have a
perfect unlimited control of their own funds. We are the representatives of the people here. We
are their agents, sent here to deal out their funds, and it is not for the Senate or for the Executive
to say that we shall appropriate them to any object revolting to the proper sense of justice
and propriety. I lay down this as a principle too old and too well understood to be disputed at
this day.

Mr. Seward, recognized by all parties as a statesman of high rank, said :

Since the House of Representatives has power to pass such a bill distinctly, it has power,
also, to place an equivalent prohibition in any bill which it has constitutional power to pass.
And so It has a constitutional right to place the prohibition in the annual Army Appropri-
ation bill.

I grant that this mode of reaching the object proposed is in some respects an unusual one, and
m some respects an inconvenient one. It is not, therefore, however, an unconstitutional one, or
even necessarily a wrong one.

It is a right one if it is necessary to effect the object desired, and if that object is one that is in
itself just and eminently important to the peace and happiness of the country or to the security of
the liberties of the people.

Mr. Wilson, afterward Vice-President, went so far as to step even on the dan-
gerous ground so bitterly condemned now by the other side of the House, and
which I also in part condemn. Mr. Wilson says :

" The House of Representatives," says Mr. Madison, " cannot only refuse, but they alone can
propose the supplies requisite for the support of the government.'" This declaration is full, ample,
complete. If the House can refuse the supplies requisite for the support of the government, if
it possesses this complete and effective weapon for obtaining a redress of every grievance and for
carrying into effect every just and salutary measure, the occasion surely demands the full exer-
cise of that power of the House; and in its firm exercise, to use the words of Madison, it will be
Bustained by the consciousness of being supported in its demands by right, by reason, and by the
Constitution.

GENERAL GARFIELD SUGGESTS AN AMENDMENT.

On March 19, 1880, while this bill was being considered in the Committee of
the Whole, Mr. Springer, from the Committee on Elections, acting upon a sug-
gestion— a proposition made the day before by Gen. Garfield — offered the follow-
ing amendment to an amendment which had been offered by the Republicans
to appropriate $7,600 for the pay of the special deputy marshals in California :

Amend the amendment by adding thereto the following :

For special deputy marshals of elections, the sum of $7,600 ; F7Wided, That hereafter special
deputy marshals of elections and general deputy marshals, for performing any duties in reference
to any election, shall receive the sum of $2 per day in full for their compensation; and that all ap-
pointments of such special deputy marshals or of general deputv marshals having any duty to per-
rorm in respect to any election shall be made by the judge of the Circuit Court of the United States
for the district in which such marshals are to perform their duties, or by the district judge, in the
absence of the circuit judge, and not less than two nor more than three appointments shall be made
for any voting precinct where such appointments are required to be made, and the persons so ap-
pointed shall each be of different political parties, of good character, and able to read and write the
English language, and shall be well-known residents of the voting precinct in which their duties
are to be performed.

Mr. Hitchcock, of New York, and Mr. Eeifer, of Ohio, both made points of
order on the amendment, and opposed it on its merits. In the progress of the
debate on this amendment. Gen. Garfield said :

Mr. Garfield: Do I understand the Chair to hold that the vote on one branch of the amendment
would cut off debate upon the second branch?

The Chairman: The Chair thinks it would. It is all one amendment; and if there is to be any
debate upon it, it should take place before any vote is taken.

Mr. Garfield: Mr. Chairman, I desire to offer an amendment to the second branch

The Chairman: That is not in order.

Mr. Springer: I will hear the gentleman's amendment; perhaps I will accept it.

" Gai" •' ' ■' - • -

Mr. Garfield: It is lo strike out all after the words " in the absence of the circuit judge," where
they occur in the last line of the Record print, page 39. I speak for nobody but myself, but I will
vote for the amendment if all following these words be struck out.

THREE MONSTROUS GRIEVANCES 227

-A Member: What is the effect?

Mr. Springer: I cannot accept that amendment.

Mr. Garfield: I do not ask the gentleman to accept it. This is not a contract.

The Chairman: The Chair will state to the gentleman from Ohio (Mr, Garfield) that the Com-
mittee on Appropriations has reported back this bill, recommending the adoption of an amendment
making an appropriation of 8600,000 to pay marshals and their general deputies. To that amend-
ment the gentleman from Illinois has proposed an amendment. Therefore not only an amend-
ment, but an amendment to the amendment, is now pending; and at present no farther amendment
is in order under the rules.

Mr, Garfield: Would it be in order to offer a substitute for the whole amendment of the gentle-
anan from Illinois *

The Chairman : That can be done.

GARFIELD'S AMENDMENT IN H^C VERBA.

Mr. Garfield: Then I offer as a substitute the amendment of the gentleman from Illinois, with
these modifications: inserting $5 a day instead of $i a day, and omitting everything after the words
""in the absence of the circuit judge.'*

The proposed sub.stitute was read, as follows:

*' And for special deputy marshals of elections, the sum of $7,600; Provided, That hereafter special
■deputy marshals of elections and general dcput marshals, for performing any duties in reference to
4iny election, shall receive the sum of $5 per day in full for their compensation; and that all appoint-
ments of such special deputy marshals or of general deputy marshals having any duty to perform in
respect to any election .shall be made by the judge of the circuit court of the United States for the
•district in which such marshals are to perform their duties, or by the district judge, in the absence
•of the circuit judge,"
*************

Mr. Simonton : I desire to make a parliamentary inquiry.

The Chairman: The gentleman will siate it.

Mr. Simonton: Is the substitute of the gentleman from Ohio open to amendment?

The Chairman: One amendment may be offered to that substitute.

Mr. Simonton: Then I offer as an amendment to the substitute what I send to the desk.

The clerk read as follows:

" Strike out ' $5 ' and insert '$2;' and after the word 'judge ' insert ' and not less than two nor
«nore than three appointments shall be made for any v^'ting precinct where such appointments are
required to be made, and the persons so appointed shall be of different political parties; and if there
are more than two political parties having tickets to be voted for, no two of said deputy marshals
shall be appointed from the same party. And the persons so appointed shall be persons of good
character, able to read and write the English language, and shall be well-known residents of the
voting precinct in wh ch their duties are to be performed."

Mr. Conger: That is the original proposition.

The Chairman: The Chair thinks it is substantially the same thing, but it is offered as an amend-
ment to the substitute.

Mr. Conger: Marshals of three political parties were provided for by the modification of the
amendment of the gentleman from Illinois [Mr. Springer], and this is virtually restoring the origi-
nal proposition.

The Chairman: There is no doubt about that; but the Chair cannot rule it out on that account,

Mr. Springer: Is the modification of the gentleman from Tennessee [Mr. Simonton] now before
the committee?

The Chairman: It is.

Mr, Horr: I desire to oppose the amendment.

Mr. Springer: I rise to support it.

Mr. Simonton: I will yield my time to the gentleman from Illinois [Mr. Springer.l

The Chairman: The Chair will first recognize the gentleman from Illinois, to support the amend-
ment, after which he will recognize the gentleman from Michigan [Mr. Horr].

HE FURTHER AMENDS.

Mr. Springer: I regret that the gentleman from Ohio [Mr. Garfield] should so soon have retreated
from the position which he took in this house yesterday.

Mr. Garfield: I have not retreated from it at all.

Mr. Springer: The gentleman says he has not retreated.

Mr. Garfield: Not at all.

Mr. Springer: I will read from the Record to show whether the gentleman has retreated or not.
The gentleman said:

"We offered last session to let the law be changed so that these ofl^cers should be appointed
from the two parties, I distinctly held that out as a standing offer; and, so far as lam concerned,
that ' lamp still holds out to burn.' "

Now, that gentleman comes in with a substitute, and proposes to leave out the very portion of
my amendment which provides that these officers shall be appointed from different political parties,
is not that true ?

Mr. Garfield: If the gentleman will allow me, I will say that I am entirely willing to put that
in. I had not in the moment allowed me the time to prepare carefully the whole amendment. The
part to which I objected, and which I wanted to get stricken out, was that part which limited us to
three marshals to keep the peace in a precinct where there might be a not of several thousand
persons.

Mr, Springer: Then the gentleman moved to strike out " three," and insert " as many as the
Court may deem necessary,"'

Mr. Garfield: Very well, but I will not take your three-marshal proposition.

Mr. Springer: It seems to be difficult to frame a proposition to which the gentleman will
agree,

Mr, Garfield: Restricting the number of marshals to three for a whole voting precinct was never
apart of any proposition suggested by the other side yesterday, or accepted by us on this side.
That IS what I objected to.

228 THREE MONSTROUS GRIEVANCES.

Mr. Springer: If the gentleman desired to remedy that, it was his province to move an amend-
ment as to the number. '

Mr. Garfield: I am willing to do eo now.

Mr. Springer: The gentleman did not do so, but moved an amendment in regard to the political
complexion ot these marshals.

Mr. McMahon: If the gentleman will permit me, I will say to my colleague from Ohio [Mr. Gar-
field! that he seems to forget that the law is not interfered with at all which permits general deputy
marshals to be present at the polls; and under the statute they may be appointed to an unlimited
number.

Mr. Garfield: Not under this amendment. This amendment limits the number to three, of
general and special deputies. The point I make against the amendment as it stands is, that in all
cases of doubt, danger and disturbance, the government of the United States can have but three
officers empowered to keep the peace against a riot, however large.

GENERAL GABFIELD'S AMENDMENT ACCEPTED.

Mr. Springer: I will say to the gentleman from Ohio that I have no objection to leaving to the
discretion of the Court the power to appoint a suflicient number in each precinct to keep the peace
at the polls. I desire a free and fair expression of the popular will at every poll in the United
States. The Democratic party desires such free and fair expressions of the people's will at every
poll in the United States.

Mr. Reed: It must be a recently-born desire.

Mr. Springer: And any one who asserts that the Democratic party desires to commit or permit
fraud at any poll in the United States, asserts that which is not true, and which is not supported by
the history of the Democratic party in the past.

I ask the members of the Democratic party on this floor, I ask the Republicans on the other side
of this House, to support this amendment, or the substance of it, in order that this vexed question
of deputy marshals at the polls may be settled by this House in such manner as to give satisfaction
to all the people of this country, and to take the subject out of all the discussions of political
parties.

We all say that we desire fair and free elections. Gentlemen on the other side must understand
that it is not fair to surround the polls with an unlimited number of their own partisans, paid out
of the treasury of the United States, for the purpose of electioneering in behalf of their own party
candidates. You know that is not fair. I ask you to remedy it. You can remedy it by voting for
this amendment. If you do not remedy it, but contend for the right to surround all the polls of the
United States with your own paid partisans, in order to electioneer for your party candidates, you
will be asking for that which you know is not right, and which is not sustained by the law.

GENERAL GARFIELD WRITES IT OUT.

Mr. Garfield: I have written out a modification in the form of an additional clause.

The Chairman: The clerk will report the substitute as now modified.

The Clerk read as follows ;

" For special deputy marshals of elections, the sum of $7,600: Provided^ That hereafter special
deputy marshals of elections and general deputy marshals, for performing any duties in reference
to any election, shall receive the snm of $5 per day in full for their compensation; and that all ap-
pointments of euch special deputy marshals, or of general deputy marshals, having anydutjrto
perform in respect to any election, shall be made by the Judge of the Circuit Court of the United
States for the district in which such marshals are to perform their duties, or by the District Judge in
the absence of the Circuit Judge; said special deputies to be appointed in equal numbers from the
different political parties."

Mr. Garfield: I modify the substitute further by striking out the words " and general deputy
marshals," as the amendment ought to relate to special deputies only.

Mr. Springer: I object to that modification.

The Chairman: The gentleman has the right to modify his own substitute.

Mr. Field: I desire to call the attention of the gentleman from Ohio to one point. The pro-
vision is, that in the absence of the Circuit Judge these officers shall be appointed by the District
Judge.

Mr. Garfield: Yes, sir.

Mr. Field: I suggest that the words " of the district " be inserted.
. Mr. Garfield: Very well; I modify the amendment further by inserting after " district judgfe '*
the words *' of the district."

The amendment of Mr. Simonton to the substitute of Mr. Garfield was read, as follows:

" Strike out ' $5' and insert ' $2;' and after the word ' judge ' insert:

" And not less than two nor more than three appointments shall be made for any voting precinct
where appointments are required to be made; and the persons so appointed shall be of different
political parties; and if there are more than two political parties having tickets to be voted for, no
two of said deputy marshals shall be appointed from the same party. And the persons so appointed
shall be persons of good character, able to read and write the English language, and shall be well-
known residents of the voting precinct in which their duties are to be performed."

Mr. Keifer: I should like, if we are going to vote on the amendment of my colleague [Mr. Gar-
field] to have the clerk read that substitute, as it would be if adopted.

The amendment was read.

The Chairman : The Chair understands the gentleman from Tennessee to modify his amend-
ment so as make it come in at the end of the substitute as originally offered.
Mr. Simonton : Before the word " said " and after the word " judge."
The question recurred on Mr. Simonton's amendment to Mr, Garfield's substitute.
The committee divided, and there were— ayes 105, noes 103.
Mr, Garfield demanded tellers.

Tellers were ordered ; and Mr. Garfield and Mr. Simonton were appointed.
The committee again divided ; and the tellers reported— ayes 117, noes 114.
So the amendment to the amendment was agreed to.

THREE MONSTROUS GRIEVANCES. ^29

SPEAKER RANDALL WELCOMES GAKPIELD'S PROPOSITION.

March 20, 1880.— Mr. Randall (the Speaker) : I renew the jrro forma amendment. The issne
l)etween the two sides has been very much narrowed during the discussion to-day. This law is on
the statute-book ; many of us believe that it is unconstitutional. The effect of the amendment
proposed by the gentleman from Illinois [Mr. Springer] is to take in part from that law a partisan
administration ot its provisions. It has been distinctly asserted on the other side by several who
have addressed the House this morning that they will not be satisfied with any compromise or with
any change of the existing law in these respects. We are ready to meet that issue. We say that
if special deputy marshals are to be used at elections, whatever may be the opinion as to the con-
stitutionality of such a law, those officers should be divided between the two or three political
parties contending at such election. We say that when we come to vote the money to carry out
such law we will hot vote it to be used for any partisan purposes. We want the money to be used
for no party ends whatever, but only for the purpose of carrying out the act which is on the
statute-book, but which you declare it to be your purpose to administer as has been heretofore
done.

Mr. Robeson : The gentleman says "for no party end." Did not the gentleman from Ohio
[Mr. McMahon] stand here ten minutes ago and say that he did this for a party end, that they
would take this now for the advantage which they could get from it, and afterward, having
obtained that vantage-ground, they would sweep all tne law from the statute-book ? [Applause
on the Republican side.]

Mr. Randall (the Speaker) : In answer to the gentleman, allow me to say that I take no one
man's word on this side of the House. I take the acts of the party who have the officers to execute
this law in contradistinction to the words of anybody. Yon have administered this law in an
outrageous and unjustifiable manner. [Applause on the Democratic side.] And in endeavoring to
modify that law here to-day we do no more than to ask that it shall be made to exercise its
powers upon all alike, and that those who administer the law shall be drawn from the great body
-of the people, without reference to party associations or affiliations. [Renewed applause on the
J)emocratic side.]

The friends of the gentleman from Ohio [Mr. Garfield] assert that he did not take the position
■during the extra session of this Congress which it has been said he took. I ask to have read what
the gentleman proposed as an amendment to this very bill and what he said at the time.

Mr. Hawley : We know what he said, and a great many of us would say the same thing.

The Chairman : The clerk will read what has been sent up by the gentleman from Penn-
•sylvania [Mr. Randall].

The clerk read as follows :

Mr. Garfield : I modify the substitute further by striking out the words " and general deputy
marshals," as the amendment ought to relate to special deputies only.

Mr. Springer : I object to that modification.

The Chairman : The gentleman has a right to modify his own substitute.

Mr. Field : I desire to call the attention of the gentleman from Ohio to one point. The provision
is that in the absence of the circuit judge these officers shall be appointed by the district judge.

Mr. Garfield : Yes, sir.

Mr. Field : I suggest that the words " of the district " be inserted.

Mr. Garfield : very well ; I modify the amendment further by inserting after "district judge "
the words " of the district."

Mr. Randall (the Speaker) : I ask the clerk now to read the last two lines of the amendment
oflfered by the gentleman from Ohio [Mr. Garfield].

The clerk read as follows :

Said special deputies to be appointed in equal numbers from the different political parties.
* * ** * * ** * * *

I WILL VOTE FOR IT, I SWEAR I WI'

Mr. Garfield : We are equals here, each hiving rights equal to everj' other, and nobody
"having any authority to bind any but himself. With that preface, I will speak for myself.

The first, object which I try to keep before my mind in legislation is to be right. And on this

Snestion of tho election laws, during the long and heated session of debate last summer, in which
II sorts of accusations were made again-t them by gentlemen on the other side, there was made
but one lodgment in my mind of a just criticism upon them. There was one charge made by the
other side, and in so far as it was true I consider it a just objection to thie law. It was that the law
had been used, or was capable of being used, to fill election precincts with men of one party whose
time might be employed at the public expense for party electioneering purposes.

I say in so far as that law can be so used to that extent it is unjust ; and at all times and on all
proper occasions I have declared, and I now declare myself, willing to modify the law so that the
alleged abuse cannot take place. [Applause on the Democratic side ] That I say for myself, and
•will continue to say it. No other valid objection to this law was, in my judgment, made by any-
body during the last session of this Congress or since.

***** * *****

BUT GARFIELD HADN't HEARD FROM HIS PARTY.

Mr. McMahon : There is no accounting for gentlemen's taste who like pickles. If the gentle-
man is pleased, we are. I assert that my colleague [Mr. Garfield] inaugurated it. Time was given
him for discussion when I tried to close debate. He came in with a prepared speech, endeavoring
to place us in a false position. I undertook to reply in my feeble nay. In the course of that argu-
ment, repudiating the interpretation the gentleman had put upon my speech, I said we desired a
modification of the election laws ; that, if constitutional, they were not good laws ; that if they
were modified we might vote money in the future for the purpose of carrying them out. There-
upon my colleague from the state of Ohio said to me on the floor that he had offered a proposition
to appoint these marshals, by the court, from all parties at the last session, and that—

'* While the lamp holds out to burn,

The vilest sinner may return." ».

230 THREE MONSTROUS GRIEVANCES.

And that the lamp was still burning, and he was ready to modify them. We acted on his word?^
We took it as an offer of compromise in good faith. Your stalwart men shout, "No compromise !'*
We acted on my colleague's offer, made on Wednesday last. The Committee on Elections met next
morning and agreed upon the amendment, now pending, of my friend from Illinois [Mr. Springer]..
who brought it into the House and offered it under the rules, as he had a right to do. We
thought when the offer contained in this amendment was made to gentlemen on that side, it would
be accepted. But it seems to be objectionable in various ways, especially in limiting the number
of deputies who may be appointed.

The amendment I have just now offered, which I hope our friends on this side will accept with-
out dissent, as well as gentlemen on the other, is precisely the amendment my colleague from the
state of Ohio [Mr. Garfield] offered yesterday in the House, without the crossing of a < or the dotting
of an i, which proposition he has always said he will support, and which he has just now said he
will vote for "if no other man does."

GENERAL GARFIELD AND TWEEDLEDEE AND TWEEDLEDUM.

Same day the amendmeDt of General Garfield, slightly modified, was adopted
in Committee of the Whole. The committee rose, reported the bill, with amend-
ments, to the House. The amendment above referred to was read. We print
side by side General Garfield's amendment with that adopted by the Committee
of the Whole.

GENERAL GARFIELD'S AMENDMENT. AMENDMENT OF THE COMMITTEE OF

For special deputy marshals of elections, the THE WHOLE,

sum of|S7,600 : Pi'otided. That hereafter special por special deputy marshals of elections, the-

deputy marshals of elections and geiurcd deputy gum of §7,600 : Provided, That hereafter special

marshalf, for performing any duties in reference deputy marshals of elections for performing any

to any election shall receive the sum of $5 per ^i^igs in reference to any election shall receive

day in full for their compensation ; and that all the sum of $5 per day in full for their compen-

appointments of such special deputy marshals pation,andthat//i€ appointments of such special

or of general ^ deputy marshals having any duty deputy marshals ehall be made by the judge of

to perform in ^ respect to any election shall be t^e circuit court of the United States for the

made by the judge of the circuit court of the district in which such marshals are to perform

United States for the district m which such ^^^^^x duties or by the district judge in the ab-

marshals are to perform their duties, or by the ggnce of the circuit judge, mch special- deputies

district judge of the district m the absence of j^ 5^ appointed in equal numbers from the dif-

the circuit judge ; said special deputies to be fgrent political parties ; and the persons so ap-

appointed in equal numbers from the different pointed shall be persons of good moral character

pontical parties. ^^^ AVio/^ be well-known residents of the voting

The words in italics above are not in the precinct in which their duties are to be per-

amendment adopted by the Committee of the formed.

WJiole. rpj^ words in italics above are ru>t in GeneraC

Garfield'' s amendment.

The yeas and nays were called on the adoption of this amendment. General
Garfield voted no against his own measure.

The yeas and nays were as follows:

Yeas.— Atherton, Atkins, Bachman, Belford, Beltzhoover, Berry, Bicknell, Bland, Bliss, Blount,^
Bouck, Bright, Butterworth, Cabell, Carlisle, Clardy, Clark, John B., Cobb. Coffroth, Colerick,
Cook, Covert, Cravens, Culberson, Davis, Joseph J., Davis, Lowndes H., De La Matyr, Deuster,.
Dibrell, Dickey, Ellis, Evins, Finley, Forney, Frost, Geddes, Gibson, Goode, Gunter, Hammond,
N.J. , Harris, John T., Hatch. Henkle, Henry, Herbert, Herndon, Hosteller, House, Hull, Hunton,
Hutchins, Johnston, Kenna, Kimmel, King, Kitchin, Klotz, Knott, Ladd, Lewis, Manning, Mar-
tin, Benj. F., Martin, Edward L., McMahon, McMillin, Mills, Morrison, Morse, Muldrow, Murch,
Meyers, New, Nicholls, O'Connor, O'Reilly, Persons, Phelps, Philips. Phister, Poehler, Reagan,
Richardson, J. S., Robertson, Rothwell, Samford, Sawyer, Scales, Shelley, Simonton, Single-
ton, O. R., Slemons, Speer, Springer, Steele, Stevenson, Talbott, Taylor, Thompson, P. B., Til man,^
Townshend, R. W., Tucker, Upson, Vance, Waddill, Warner, Weaver, Wellborn, Wells, Whit-
thome, Williams, Thomas, Willis, Wilson, Wood, Fernando, Wright, Young, Casey— 115.

Nats.— Aldrich, N. W., Aldrich, William, Anderson, Armfield, Baker, Ballou, Barber, Bayne,
Bingham, Blackburn, Blake, Bowman, Brewer, Briggs, Brigham, Browne, ISurrows, Calkins, Camp,.
Cannon, Carpenter, Claflin, Conger, Converse, Cowgill, Davis, George R., Davis, Horace, Decring,,
Dennell, Dwight, Einstein, Erreti, Farr, Ferdon, Field, Fisher. Ford, Fort, Frye, GARFIELD,
Godshalk, Hammond, John, Harris, Benj. W., Hawk, Hawley, Hayes, Hazelton, Henderson, His-
cock. Hooker, Honk, Humphrey, Hurd, James, Jones, Joyce, Lindsey, Marsh, Martin, Joseph J.,
Mason, McCoid, McKenzie, McKinley, Miles, Monroe, Morton, Neal, Newberr)', Norcross, O'Neill,
Orth, Osmer, Overton, Pacheco, Page, Pierce, Reed, Rice, Richardson, D. P., Robeson, Robinson,
Russell, Daniel L., Russell, W. A., Ryan, Thomas. Shallenberger, Sherwin, Smith, A. Herr, Smith,.
William E., Starin, Stone, Thomas, Thompson, Wm. G., Townsend, Amos, Turner, Oscar, Tyler,
Updegraff, J. T..^ Updegraff, Thomas, Valt'ntine, Van Aernam, Voorhis, Wait, Washburn, Wil-
liams, C. G., Willits, Wood, Walter A., Yocum. Young, Thomas L.— 107.

Not VoTiNG.^Acklen, Aiken, Bailey, Barlow, Beale. Boyd, Bragg, Buckner, Caldwell, Caswell,

Chalmers, Chittenden. Clark, Alvah A., Clymer, Cox, Crapo, Crowley, Daggett, Davidson, Dick,
Dunn, Elam, Ewing, Felton, Forsythe, Gillette, Hall, Harmer, Haskell, Heilman, Hill, Horr, Hub-
bell, Jorgensen, Keifer, Kelley, Ketchain, Kiliinger, Lapham, Le Fevre, Loring. Lounsberj', Lowe,
McCook, McGowan, McLane, Miller, Mitchell, Money, Muller, O'Brien, Pound, Prescott, Price,
Richmond, Ross, Ryon, John W., Sapp, Singleton, J. W., Smith, Hezekiah B., Sparks, Stephens,
Turner, Thomas, Urner, Van Voorhis, Ward, White, Whiteaker, Wilber, Wise— 70.

THREE MONSTROUS GRIEVANCES. 231

GENERAL GARFIELD AGAIN CHANGES FRONT.

The same day the bill as amended passed the House. On April 18, the bill with
Senate amendments was reported to the House from the Committee, of Appro-
priations, recommending concurrence in some and non-concurrence in other of
the Senate amendments. April 31 McMahon, in charge of the bill, wanted the
bill considered with five minutes debate. The Republicans demanded one hour
and a half. They fillibustered to prevent a vote on Mr. McMahon's motion to
Jmit debate to five minutes. April 23, bill came up again and an agreement was
reached allowing the Republicans one hour and the Democrats twenty minutes.
In this debate General Garfield again changed front and came to the support of
the amendment of the Committee of the Whole, which was practically his amend-
ment. He had voted against it March 20, thirty- three days before, but now he
thought it was almost altogether good. He said :

The theory of our government is that in the last civil resort we summon all men without di«-
tinciion of party to act as conservators of the peace. If the by-standers, without distinction of
party, can be trusted to perform this important duty, surely we can trust such as the court on its
highest responsibility shall appoint to aid in securing a fair election. It ought constantly to be
remembered that no one of these special deputy marshals has any power to put down a riot at the
polls, unless the marshal, under his hand and seal, in writing, shall specially empower such special
deputy to do that thing. And let it also be remembered that this amendment in no way interferes
with the power of the marshal to appoint as many general deputy marshals as maybe needed to
suppress disorder.

I hope I am not altogether a dreamer, forgetful of practical necessities, but I have never been
able to see why this measure cannot be executed fully, thoroughly, and justly, provided its lan-
guage makes it a part of the election law. My friend from Maine [Mr. Reedl has raised some doubt
on that point, and in so far as that doubt is justified, it is a fair argument against the clause. But
we should look beyond the mere word of the amendment to the objects of national good it may be
made to accomplish. I care but little for it as a mere settlement of a present party controversy.

No thoughtful man can fail to see great danger in a close and bitterly contested national elec-
tion. In common with ray party associates I believe that these election laws are, great and benefi-
cient safeguards to the favr and free expression of the national will. Now, if the adoption of a
measure like this will harness the two great political parties to these election laws, by the bonds of
common consent and mutual co-operation for their enforcement, it will be a benefit that will far
outweigh any slight advantage that can be gained by retaining wholly within our party the appoint-
ment of a few officers to aid the supervisors. I believe this measure will not weaken but will
strengthen the authority of the election laws, and will remove from them the only reasonable
ground of complaint that the other side have made against them.

A committee of conference was appointed to which the bill went. The Senate
amendments were not political and they were insisted upon by the conference on
the part of that body. The conference disagreed. The House, April 27, insisted
upon its disagreement. The bill finally passed both Houses and went to the de
facto President, who, on May 5, returned it with his objections. His veto was
based solely on the ground of opposition to legislation on appropriation bills.
GEN. Garfield's amendment passed as an independent bill.

On June 11 the House passed as an independent measure — the amendment to the
Deficiency Bill, which Gen, Garfield, on April 23d, had declared he was so de-
decidedly in favor of. The bill had passed the Senate, was reported from the
House Judiciary Committee, and was discussed at some length in the House, Mr.
Keifer, of Ohio, and Mr. Lupton, of New York, and other Republicans opposing
it. The bill was as follows :

Be it enacted by the Senate and House of Representatives of the United States of America in Con-
gress assembled, That from and after the passage of this act the pay of all deputy marshals for ser-
vices in reference to any election shall be five dollars for each day of actual service, and no more.

Sec. 2. That all deputy marshals to serve in reference to any election shall be appointed by the
Circuit Court of the United States for the district in which such marshals are to perform their duties
in each year; and the judges of the several circuit courts of the United States are hereby authorized
to open their respective courts at any time for that purpose, and in case the circuit courts shall not
be open for that purpose at least ten days prior to a registration, if there be one, or if no registra-
tion be required, then at least ten days before such election, the judges of the District Courts of the
United States are hereby respectively authorized to cause their courts to be opened for the purpose
of appointing such deputy marshals, who shall be appointed by the eaid district courts; and the
officers so appointed shall be in equal numbers from the different political parties and shall be well-
known citizens, of good moral character, and actual residents of the voting precincts in which their
duties are to be performed, and shall not be candidates for any office at such election; and all laws
and parts of laws inconsistent with this act are hereby repealed: Provided, that the marshals of the

232 THREE MONSTROUS GRIEVANCES.

United States for whom deputies shall be appointed by the court under this act shall not be liable
for any of the acts of such deputies.

Mr. Hayes vetoed this bill — the same measure substantially which Gen. Garfield
suggested, which he advocated but which he did not vote for.

A Deficiency Bill was passed, which was approved, providing for the payment
of marshals' fees and those of their general deputies, but prohibiting any of the
money so appropriated to be paid for services of special deputies.

THE PACIFIC MAIL STEAL. 233

THE PACIFIC MAIL STEAL.

GARFIELD S PART, AS SHOWN BY THE RECORD.

In the winter and spring of 1871-2, the Pacific Mail Steamship Company sent
Hichard B. Irwin to Washington to buy through Congress a subsidy for an ad-
ditional monthly mail service between San Francisco, Japan and China. By an
act approved Feb. 17, 1865, Congress provided for a monthly mail service be-
tween San Francisco and some Chinese ports, including the port of Honolulu and
a port in Japan, to be performed by American steamships of not less than 3,000
tons burden each, of sufficient number to make twelve round trips per annum.
The project of the Pacific Mail Steamship Company in 1871-3 was to have Congress
provide for additional monthly service, or, in other words, double the mail service
between San Francisco, Japan and China, and double their subsidy. Irwin came
to Washington in January, 1872, took a large furnished house, employed a caterer,
a French cook, and a large retinue of servants, and began to feel the ground by giv-
ing a series of elaborate entertainments to members of Congress. Of course, the
first important object of this preliminary survey of the field of operations was to
establish friendly relations with the leading men of the Committee of Appropria-
tions of the House of Representatives. The two leading members of that com-
mittee were James A. Garfield, the chairman, and Aaron A. Sargent, who was
second on the committee. Sargent, coming from California, was naturally the
friend of the Pacific Mail and earnestly in favor of the largest possible subsidy
for the China mail service. He was, moreover, well known to Irwin, who for some
years previous had been in charge of the Pacific Mail interest at San Francisco.
Irwin had another old friend in Washington whose services in the undertaking
were very valuable. This was Donn Piatt. He was the particular friend of James
A. Garfield, and had for several years done a profitable business as a lobbyist,
through his influence with the Chairman of the Committee on Appropriations.
He was at that time in receipt of 5 per cent, of the gross amount of whatever ap-
propriations he could obtain for a worthless moth preventive and water-repellant
process owned by George A. Cowles & Co., of Philadelphia, and used, against the
wishes of the War Department, in treating soldiers' clothing and tents. Col.
Riehard C. Parsons, of Cleveland, Ohio, then Marshal of the Supreme Court of
the United States, the same individual employed by Chittenden , the agent of
DeGolyer & McClellan, to reach Gen. Garfield, was an old acquaintance of Mr.
A. B. Stockwell, President of the Pacific Mail Steamship Company. Stockwell.
employed Parsons to assist Irwin in Washington, and he was paid, first and last,
^13,500, of which $1,500 came through Irwin.

PROVIDING THE SINEWS OF WAR.

The ground having been felt by Irwin, and the preliminary arrangements
made, the serious operations began. The executive committee of the Board of

234 THE PACIFIC MAIL STEAL.

Directors of the Pacific Mail Steamship Company held a meeting Feb. 14, 1872,

in New York, and passed the following resolution:

Resolved, that the President, in his discretion, is hereby authorized to employ counsel and incur
such other necessary expense as may be necessary in connection with the measures for additional
subsidy now pending before Congress.

On Feb. 31, 1872, this resolution passed by the executive committee was, at a
meeting of the board of directors, approved and ratified.

A. B. Stockwell, the President of the Pacific Mail Steamship Company, wrote
to R. B. Irwin as follows :

OrncE OP Pacific Mail Steamship Compant, )
New York, Feb. 13, 1872. j
Dear Sir : I enclose checks to my order indorsed to your order for $250,000, $110,000 and $40,000,
which are placed in 3;our hands to be ust- d in payment of your services in case of the passage and
approval by the President of the bill or amendment providing for the increase of our China mail
service to semi-monthly trips, with a subsidy of $500,000 a year for ten years, said compensation
to be reduced pro rato in the event of a reduction of the amount appropriated as above. None of
these checks to be used by you, but all t') be returned to me in the event of failure, excepting only
the last named ($40,000), all or any portion of which you may apply, if actually required, for your
necessary expcnt^es and for counsel's fees. Very respectfully yours,

Richard B- Irwin, Esq. A. B. STOCKWELL.

To which Irwin in substance replied that his understanding was that the contin-
gent amount was to be $500,000 and that at the proper time he would call upon
him for checks for the additional amount. Mr. Stockwell subsequently wrote as
follows to Irwin

Office of Pacific Mail Steamship Company, I
New York, May 4, 1872. f

Dear Sir : Yours of the 3d to hand. We are much encouraged by the result yesterday, were it
not for the demands to-dav. When we were defeated in the "House," you said to me there was
some good to come of it ; that if we did get our bill it world cost less. I don't think it wise for the
company to give their check ■- in this matter. Notwithstanding, I not^ enclose the four checks for
$100,000 each, as you desire, but if they must be used, I would prefer my checks to be substituted.
for these, but, as I. say above, I send them because I want to do everything to insure success. Of
course, you will return me my checks for $250,000, previously sent you.
Mr. K. B. Irwin. Yours, very respectfully, A. B. STOCKWELL.

Mr. Irwin retained one of these $100,000 checks of the Pacific Mail Steamship
Company, together with the $40,000 check of Feb. 13, 1872, given by Mr. Stock-
well. On May 24, 1872, Mr. Irwin, in New York city, returned the personal
checks given by Stockwell Feb. 13, and subsequently to the amount of about
$560,000, and received then or subsequenily checks of the Pacific Mail Steamship
Company, payable to his order, for $750,000. The arrangements all made in
Washington, the sinews of war supplied, the business of buying the required
legislation went forward, not without opposition, but successfully. Everything
at least seemed so favorable that the jobbers had determined to increase their
demands, and after getting through the Committee of Appropriations the item of
$500,000 a year, they determined to increase it in the House to $1,000,000 a year.
They were, however, defeated by the narrow margin of eight votes. The
increase was susbequently made in the Senate, and Gen. Garfield did his best to
have the House concur, but failed. The proceedings in the House summarized
from the Olobe will tell the story in detail.

HOW THE MONSTROUS STEAL WAS PUT THROUGH.

The Post Oftice Appropriation bill was reported to the House Jan. 18, 1872.

It did not contain an item appropriating $500,000 per annum for additional

monthly mail service between San Francisco, Japan and China for ten years.

Gen. Garfield, from the Committee of Appropriations, offered that item as an

amendment to the bill. On March 12, in advocating this amendment reported by

the Committee of Appropriations, he said :

Mr. Chairman : I do not doubt that the word subsidy is a hateful one to the American mind.
It is a word which brings to my mind ideas not altogether compatible with my sense of the dignity
And freedom ©f our institutions. }Vhen the pending proposition wasjiy'st suggested to the Committee

THE PACIFIC MAIL STEAL. 235

on Apprcpriatione^ all the sentimenf.s I had entertained and cherished on the general siit^ect to which-
it relates inclined me to oppose it. But the subject being properly and legitimately before the com-
mittee, I was bound to consider it ; and after a careful study of the facts in the case I have reached^
the conclusion that it is my duty to supjx>rt the amendment. I shall try in the few moments given
me to state some of the reasons which led me to that conclus'ion. In doing so I do not abandon
my general sentiment of opposition to granting subsidies by the government, for generally they are
invidious and partial, and help one class of citizens at the expense of the rest; but I believe there
are special and exceptional facts connected with the trade of the Pacific ocean which we cannot, ia
view of the situation, safely neglect.

Let me say, Mr. Chairman, that all the great achievements of civilization from the remotest
period have been grouped round one of the great seas. The Mediterranean sea was the center
round which the great civilization of the ancient nations were grouped, and the great event which
murks the boundary between ancient and modern history was the passing from the Mediterranean
to the Atlantic ocean as a centre of commerce and art. When the current of European life turned
from Athens, and Rome, and Carthage, the coasts and islands of the Atlantic ocean became its new
center of activity. On the ocean the great forces^ of modern civilization have been playing for a.
thousand years.

But I venture the prediction, Mr. Chairman, that in the near future the other great theater of
commercial activity, the third and last in the history of the world's work, will be the Pacific ocean;
and ju!?t now the whole current of public thousiht, the whole current of public and national ac-
tivity is turned towards that great sea, and the momentous question is, who shall be its master ?

We have never possessed, and can hardly hope to possess, the control of the Mediterranean sea;
and the sad events of the last t\yelve years have led me to fear that we have lost, perhaps irretriev-
ably lost, the control of the Atlantic ocean— the great historic sea of to-day. Our hope is in the
great historic sea of the future. If we lose that it will be a lasting disgrace to our statesmanship
and a measureless calamity to our people. We now occupy the largest and noblest portion of its
western shores. Our islands in the northwest reach more than a thousand miles of the distance-
from this continent to Asia.

ALL FOR THE PACIFIC MAIL STEAMSHIP COMPANY.

We have already established the only line of steamers that ply between the oldest of the em-
pires and the youngest of the great nations. Six hundred millions of human beings that live on
the western border of that sea are looking to us for commerce, for science, and the arts. We are
their nearest eastern neighbor, and they now ask our friendship, seek our shores, and offer to pour
their commerce in our lap. At this critical and interesting moment we are in danger of losing our
grasp upon the commerce of that great ocean. The other maritime nations are ready to snatch the
prize from our hands unless we at once secure it. The increased service provided by this amend-
ment will hold the trade in our hands, and put it on a basis where it will soon grow to independ-
ence, so that no further aid will be needed.

Never has there been a time in the history of any nation when such a prospect was opened,,
when such a future was clearly attainable. For these reasons, I am ready to make an exception in.
this case, and to-do what I can to make the commerce of this great ocean our own, and to make,
our country the teacher, the guide and friend of the great peoples of Eastern Asia. This measure
can be no precedent for the score of schemes now pressing for recognition, for it stands alone in
the greatness and importance of its consequences. {Cong. Globe, 2d sess., 42d Cong., part 2, p.
1620.)

TRYING TO MAKE THE STEAL $1,000,000.

On March 12th, Mr. Conger (Republican) of Michigan moved an amendment
increasing the subsidy for this service to $1,000,000 a j^ear for ten years, which
would have made the subsidy to the Pacific Mail Steamship Company $1,500,000
a year. Gen. Garfield, in the Committee of the Whole, March 20, advocated this
amendment, but it was rejected. The same day the bill passed the House. The
vote was 101 to 30. The yeas and nays were not called. It went to the Senate,
where the subsidy was increased to $1,000,000 a year. The bill came back to the
House May 8th. It was referred to the Committee on Appropriations. Gen.
Garfield reported the bill back to the House May 21st, recommending concurrence
in the Senate amendments, including the one increasing the subsidy to the Pacific
Mail Steamship Company to $1,000,000. There was a hot debate on the motion
to concur. In the course of the debate Mr. Randall of Pennsylvania and other
members denounced the Committee on Appropriations for recommending concur-
rence in the Senate amendments. The following debate followed :

THE MEREST AND MEANEST SUBTERFUGE.
Mr. Garfield'of Ohio : I do not intend to re-argue this question, but I wish to answer some of the
objections which have been raised this morning. In the first place, the gentleman from Pennsyl-
vania (Mr. Randall) says that the Committee on Appropriate ^ns ought not to have brought into this
House a proposition which had been rejected here. I answer him that we have not brought back
a rejected proposition, but one quite different in its terms and conditions from the proposition
which was acted on in the House. The difference is this : the House simply proposed to double
the service and double the pay. The proposition was defeated by a very small vote. It was a
proposition to give to the one company now doing the work double pay for double work. The
objection was raised by many gentlemen around me that it was giving it to a single company with-
out any competition or without opening the matter to the enterprise of the country. The propo-

■236 THE PACIFIC MAIL STEAL.

■sition of the Senate is different. It offers an open bid in open market to the lowest bidder to
•do the work, and thus takes the case entirely out of the range of a mere monopoly, giving it to one
special company.

A VERY PEKTINENT QUESTION.

Mr. Ambler : "Will my colleague yield to me for a question ?
Mr. Garfield : Certainly.

Mr. Ambler : I would inquire of my colleague whether it is possible that within sixty days
another company can be orgjinized to compete with this company ?

A WILLFUL FALSEHOOD.

Mr. Garfield : I suppose it could.

Mr. McCormick of Missouri : I understand this is to be open to competition.

Mr. Garfield : It is ; all parties are free to sail in. In the second place, a very considerable re-
^striction is to be placed upon whatever company takes the service ; they must build their ships so
that the Secretary of the Navy may be satisfied that they will be fitted for naval service in time of
■war. They must be built to be approved by him.

A. SHOT BELOW THE WATER LINE.

Mr. Randall : Tlie gentleman knows very loell that there will be only one bidder for this service.

Mr. Garfield : If this is done, an additional line must be kept up between Panama and New
York. That will be an additional service, more than was provided for by the proposition of the
House. I answer the gentleman from Pennsylvania (Mr. Randall) by saying that this is another
and different proposition, one far more favorable to the United States and the interests of com-
juerce than the proposition which failed here in the House by only two votes.

Mr. Randall : BY EIGHT VOTES.

Mr. Garfield : And the Committee on Appropriations felt bound to give the House an opportu-
uity to act upon this proposition of the Senate, after pointing out the differences between the
two propositions.

MORE SUBTERFUGE.

My colleague (Mr, Stevenson) asked a question intended to raise another objection to this
proposition. He said : Would you be willing to subsidize a line of steamers on the Mississippi
river ? Let me tell my colleague what we have done for the Mississippi river within the last few
days. Under the laws hitherto passed by Congress in relation to the coasting and internal trade of
this country, we have an absolute monopoly, unrivalled by any foreign keel along our coast, and
npon our navigable rivers. No foreign keel under a foreign flag can float at all upon those waters
in competition with our commercial marine. And to make it btill stronger for our interests, during
the last week this House, under the lead of the gentleman from Indiana (Mr. Holman), made abso-
lutely free of dutj^ all material that enters into the construction of river steamers on all the navi-
gable waters of this country.

MAKING USE OF IRWIN's STATISTICS.

Now, one other fact, and I will leave this subject. The latest reports show these facts : the
merchandise exported from San Francisco to Japan, from January 1 to Ai>ril30, 1870, was $411,000.
For the corresponding period of this year, ending with the month of April just past, it was $780,(XX);
almost doubled in one year.

Mr. Morgan : If this commerce is increasing at this rapid rate, why the necessity of a subsidy
to support this line ?

Mr. Garfield : I thank my colleague (Mr. Morgan) for that word, for otherwise I should have
forgotten one thing I desire to state. . Within the last week the London Times comes to us, inform-
ing us that a British company is ready, the moment they can set their competing line on the
waters of the Pacific, and to establish u trade there, and to put on a large number of steamers be-
tween Japan and San Francisco. And unless we seize the occasion just ready to be shut up so
that we will not be able to seize it at all, the work will be in the hands of England, and not in our
own.

MR. RANDALL POURS IN HOT SHOT.

Mr. Randall: Mr. Speaker. /c/iar^'e ^/ia< this amendment is a miserable subterfuge. The remit
of the original House proposition and of this amendment of the Senate, will be the same. It is a mere
equivocation of language unworthy of Congress and of the gentlemen who advocate it. I charge
more: that this line, having already received an enormous bounty from the government, and being
already in a prosperous condition, has no right to come here and ask for $500,000 more a j^ear, mak-
ing ia all $1,000,000, when the mail service proposed is in no measure required by the commerce of
the country. I say more, that agencies disgraceful to Congress have been employed by people outside
'Cf this hall, and by members in it, in favor of t/iis line.

MR. RANDALL INDICATES THE DISGRACEFUL AGEISCIK8.

Mr. Sargeant: State what they are.

Mr. Randall: llndue advocacy of it, m season and out of season.

Mr. Sargeant: What efforts does the gentleman refer to ? I want to understand him distinctly.
Mr, Randall: Efforts of people outside of this hall and m it, who I believe are interested-
Mr. Sargeant: Doing what ?
Mr. Morgan: A hired lobby, working to carry the measure through.

MR. RANDALL OFFERS THE PROOF.

Mr. Randall : I say, and will stand by it, and if you propose a committee of investigation I will
undertake to prove it

Mr. Sargeant: All right.

Mr. Morgan: I am ready to back it. The thing will not bear investigation.

THE PACIFIC MAIL STEAL. 2ZT

Mr. Sargeant: Allow me to ask what is the specific thing charged. When we ascertain that it

'"' Vr^SdS ?7eay fsfr! that undue influences-I will go further and say that what I believe to be
wicked influences-have been ustd to induce Congress to unnecessarily, unwarrantably and unjus-
tificably increase this appropriation. I say this, knowing the language I use and comprehending
its full purport. (Cong. Globe, 2d sess. 42d Cong, part 5, p. 3673.)

Mr Holmau of Indiana: I move to amend the Senate amendment by striking out the clause
providing for an additional monthly mail, and to insert the following: " For the conveyance of a.
monthly mail on said route at a compensation not to exceed $500,000 a year.

The yeas and nays were called on this proposition. Gen. Garfield voted-
no! The amendment was rejected. (Ibid, p. dQ7Q.)

The amendment of the Senate was rejected. Gen. Garfield voted for it.
{Ibid, p. 3680.) This occurred May 27.

A new committee of conference was asked of the Senate. The House ap-
pointed its conferees. The Senate receded. The report of this second confer?
ence the Senate amendment receded from was adopted May 27. The bill was
approved June 3, 1872.

The Senate also put on an amendment providing for a subsidy to a mail steam-
ship line to Brazil. Gen. Garfield voted for this subsidy amendment also, but the
House rejected it and the Senate had to yield.

WHAT MR. RANDALL DID.

Mr. Randall was always ready to prove the truth of his charges made as above-
quoted, but no opportunity was given him. Finally, in another investigation^
LeGrand Lockwood, of New York (whose evidence convicted Charles Sherman,
a United States district judge— a brother of John Sherman— of corrupt practices
before Congress, and who resigned to escape impeachment), testified that a large
sum of money had been used to secure the passage of the Pacific Mail subsidy.
Then, in the midst of the Credit Mobelier excitement in the House, when the
Republican majority was terribly demoralized, Mr. Randall offered the following
resolution, which was passed February 20, 1873:

Whereas, In the testimony taken before the Ways and Means Committee of this House, in
reference to certain matters committed to said committee for investigation, it has been sworn by
LeGrand Lockwood, of New York city, that a large sum of money was used to secure the pas-
sage through Congress of an increased annual appropriation to the Pacific Mail Steamship Com-
pany, in the matter of a subsidy for the transportation of mails and other purposes; therefore,

Resolved, That said Committee on Ways and Means are hereby authorized and directed to make
full inquiry into the truth or falsity of said sworn statement, and to this end the said committee
is hereby authorized and directed to send for persons and papers, and generally to exercise suck
powers and discretion as will be necessary thereto.

A FARCICAL INVESTIGATION.

The Committee of Ways and Means pretended to make the investigation it wa&
directed to make by the above-quoted resolution. It was a farce. They called
four witnesses, three of whom testified to the rumors they had heard, one of
them to his conviction that money was used by the Pacific Mail Steamship Com-
pany, and to being approached by a member of Congress on the subject of
money in connection with the Brazilian Steamship line. These three witnesses
all indicated that R. B. Irwin was the man the committee wanted, if it wanted
to know anything. But the committee made no effort to find Mr. Irwin, who
was then at his residence in San Francisco. Not one of the officers of the Pacific
Mail Steamship Company were called. Their books and papers showed the pay-
ments of the large sums of money heretofore given. The Republican members
of the committee attempted to excuse themselves for their failure to prosecute
the inquiry, by making to the House false statements about their efforts to find
Mr. Irwin. They turned the evidence of the four witnesses examined by them
over to the House, and asked that it be sealed up and retained by the clerk. They
would not even allow it to be printed. They fondly hoped this would be the
last of it. The Forty-second Congress would expire in a few days.

238 THE PACIFIC MAIL STEAL.

The Forty-third Congress assembled on the first Monday of December, 1873.
James G. Blaine was elected speaker. He reappointed the same gentlemen, in-
oluding those who had been smirched by the Credit Mobelier investigation of the
previous Congress, chairmen of the same important committees. Mr. Dawes
-was continued Chairman of the Ways and Means. The same Kepublicans who
had been members of the committee and re-elected to the Forty -third Congress
-were put back on the committee. But not one of them proposed to revive the
Pacific Mail investigation. A whole year elapsed and no investigation was
made. The first session of the Forty-third Congress expired, and still no further
inquiry.

The last Kepublican House was, however, not to escape that responsibility.
Richard B, Irwin was in New York and in the service of Jay Gould. He desired,
for stock jobbing purposes, to have this investigation revived. Irwin began to
furnish Jay Gould's newspaper, the New York Tribune, with some very interest-
ing reading matter. His first letter was published December 10, with an edito-
rial which was as follows:

A HALF MILLION STEAL.
The first of the jobs makes its appearance at the capital early, and, we regret to say, in one of
^en, Garfield's surprisingly prompt appropriation bills. We beg the General to relieve himself and
his committee from the responsibility for it at once. * * * a. correspondent thor-

oughly well informed traces in detail, in another column, the various steps of the robbery. Let us
here reproduce the outline.

The Pacific Mail was in the enjoyment of a subsidy of $500,000 per annum. Mr. Stockwell, one
of its numerous retiring presidents, succeeded in getting a law authorizing $500,000, on condition
that enough new first-class iron steamers should be placed on the line to do the mail service by the
first of October, 1873. The company failed to get them on by that time, has not yet got them on,
and has only two of them, the Tokio and City of Peking, even built. The Postmaster-General re-
ported this failure to Congress in December, 1873. Congress thereupon made no appropriation for
the subsidy, and the bill itself only escaped repeal because of the view, generally expressed, that
tJie company's failure to comply with its terms made it null. Congress being out of the way, At-
torney-Gen. Williams was appealed to for one of his opinions. He conveniently decided that
the failure of a year or two, more or less, made no difference. Postmaster-General Jewell, new to
the duties of his ofllce and easily imposed upon in matters of routine, has been induced to estimate
for the extra $500,000 subsidy, as if it had been earned, and Gen. Garfield has promptly reported it
to Congress in the Postal Appropriation Bill.

We call upon every friend of honesty in the public service to watch this job and to resist it from
the outset. We are unwilling to believe that either Governor Jewell or Gen. Garfield could have
been aware of its nature, but after this exposure there can be no decent ^jretext for continuing the
claim.

WHAT GARFIELD DIDN'T AND WHAT HE DID DO.

Of course, after this direct impeachment of his motives — made with full knowl-
edge of his connection with the passage of the subsidy bill in June, 1872— his re-
markable conversion from an anti-subsidy to a pro-subsidy Congressman — Gen.
Garfield at once demanded an investigation. Not by any means. He did not even
propose that that old inquiry, began away back in February, 1873, should be re-
vived I "What did he do ?

On December 11, 1874, Gen. Garfield had the editorial article from the Tribune
read by the clerk of the House and made a personal explanation ! In this personal
explanation he threw the responsibility for the appearance of the $500,000 subsidy
item in the Post Office Appropriation Bill upon a sub-committee of his committee,
which had been at work during the recess preparing the bills. He deplored the
fact that a great journal made such a serious charge so recklessly, and said it only
showed the facility with which and on what slight grounds men in public life are
charged with unworthy motives and dishonorable conduct. Then he sat down.
He asked for no investigation. None of his colleagues did. But Mr. Irwin
obeyed Jay Gould's instructions, and his paper, the New York Tnbune, continued
to let scraps of information about the purchase of the subsidy legislation in 1872
find their way, apparently mysteriously, into its columns.

FORCED TO INVESTIGATE.

The fire grew sd hot that something had to be done, and the Committee on

THE PACIFIC MAIL STEAL. 239

Ways and Means began its long-deferred inquiry. They struck bare rock the
first day. Two directors of the Pacific Mail Steamship Company were examined,
and they told what the books of the company showed — the expenditure of $750,-
000 of the company's money by Mr. Irwin. Then the committee went through
the farce of asking the House to order Irwin's arrest on the theory that he was a
witness in contempt, when the truth was he had never been subpoenaed. This is
the neat way Mr. Irwin went for the committee when brought before it :

Before the committee put any questions, I should like to make a preliminary statement, in order
to purge myself of the alleged contempt. There pcems to be two grounds for my arrest by the
•committee — two grounds which formed, in the minds of the committee, the basis for the alleged
•contempt. The first was, that they had once summoned me durin^a prior session of Congress, and
had looked for me and could not find me. Now the first information that I received that I had ever
been summoned was from reading Mr. Dawes' speech in the House the day after it was made.
Until I read" that I never knew that I had been summoned at all.

The Chairman (Mr. Dawes): Well, it was not literally true that you had been summoned, but
we had tried to find you. [ What a humiliating confession /]

Mr. Irwin: I was at my residence in San Francisco from the 4th of June, 1872, until the 4th of
September, 1873. [The Ways and Means Committee was supposed to be looking for him in Febru-
ary, 1873.1 I have lived in San Francisco since 1869, and have had no other place of residence. I
was there from June, 1872, until September, 1873. I merely state that to show that by remaining
at my place of residence I could not have been attempting to evade the process of the committee.

* * * Then the second ground upon which the committee was induced to believe
(what I could not very easily be induced to believe) that I was attempting to evade the process of
the committee was the assertion of Mr, Sage that he had had me arrested, which assertion I may
just as well say here was not true. * * * j never was arrested bv anybody
until I was arrested by the sergeant-at-arms, under the warrant of the House, and my impression
is that I never shall be arrested by anybody again. * * * j arrived in New
York on Monday, November 30, 1874, and went directly to the Hofi'man House, where I
always stay in New York. My name was registered there and appeared in all the news-
papers. I then went to my father-in-law's place at Englewood, New Jersey, leaving my
address at the Hoffman House, and remained there until the following Friday morning. The fol-
lowing Friday morning I again came down to New York, and went to the Hoffman House again,
and my name being again registered it appeared a second time in the newspapers very publicly.
For instance, one of them had it in this way: " Speaker J. G. Blaine and R. B. Irwin of San Fran-
cisco are at the Hoffman House." I merely mention that my name was announced in this way to
show how public it was. Mr. Whitelaw Reid, the editor of the Tribune, and Mr. L J.Jennings, the
editor of the Times, were personally aware of my address during almost the whole of this period.
Everybody else in New York that knew me, or had any occasion to see me, knew where I was.

* * * Now I think I have said enough to satisfy the committee that I have made
no intentional attempt to evade its summons,

THE RESULT OF THE INVESTIGATION.

The investigation went on in a sort of way, and the committee found out a
good deal more than it wanted to find, but not nearly so much as the public
wanted and expected to have found out.

All the committee practically did find was that Mr. Irwin got $890,000 from

the Pacific Mail Steamship Company, and that he disposed of it as follows :

Total paid to different individuals $703,100

Incidental expenses, clerks, House expenses, etc 186,900

W. S. King, Postmaster House of Representatives, was examined at the far-
cical investigation by the Ways and Means Committee, in the Forty-second Con-
gress, and swore he never received a dollar or knew of anybody who did. He
was not found by the committee of the Forty-third Congress. John G. Shumaker,
member of the Forty-second Congress, would not account for the money he
received.

In addition to the money disbiirsed, A. B. Stockwell paid Col. Richard Par-
sons $12,000 as fees and expenses. There was some evidence, and more might
have been found if it had been looked for, showing that Parsons disbursed a
great deal of money for Stockwell, independent of Irwin. Whitelaw Reid testi-
fied that Irwin told him Parsons distributed about $800,000. Everybody who
knows anything of Irwin, or of the manner of doing business at Washington,
knows that the vast amount of money he disbursed was not for those who appear
to have received it, save in a few instances. At least $600,000 of the $890,000
Irwin disbursed went to members of Congress, and, in addition, probably $800,000
was put there also by Parsons.

240 THE MOTH SWINDLE,

THE MOTH SWINDLE.

A NICE THING FOR GARFIELD' S FRIENDS.

Gen. Garfield, as Chairman of the Committee of Appropriations, was always
superserviceable to those in authority or to his friends, in advocating any and all
questionable jobs which they recommended or advocated. Of course, he was not
always dishonest in the advocacy of such measures. He may have been imposed
upon sometimes. The men who used him were greedy creatures, and not disposed
to divide, unless they could not succeed in any other way. It has been proved
beyond doubt that in the core of the District of Columbia Ring Gen. Garfield was
rewarded for his services to the men who so shamelessly plundered the govern-
ment of the United States and the people of the District ; that his zeal in that
service became conspicuous after he was retained for DeGolyer & McClellan,
and by a word spoken at a casual meeting between himself and Boss Shepherd,
obtained for his clients a contract worth $700,000. The discovery of his con-
nection with that fraud was purely accidental. Had not one of the parties inter-
ested, by purchase after the transaction, had a motive for disclosing the knowl-
edge he acquired, as part of his purchase, in all human probability the discredit-
able disclosure would never have been made.

One of the worst swindles he assisted in practicing upon the government was
Cowles & Brega's Moth Preventative and Water Repellant Process, for which, dur-
ing four years $450,000 was paid. According to the account of Don Piatt,
who claimed to be chiefly responsible for this fraud, one George W. Brega, in the
spring of 1871, was in Washington lobbying in the interest of a reciprocity treaty
with Canada and the St. Croix land grant railroad job, proposed to get a contract
with the war department for one George A. Cowles of Philadelphia, to treat army
clothing, blankets, tents and material for the same with a patent process which
would prevent moths from cutting the same and make canvass for tents water-
proof. Piatt said that Brega was a very disagreeable sort of a fellow in many
respects, but enthusiastic, persistent and loquacious. He had made no progress
whatever with either the Quartermaster-General or the Secretary of War. After
relcutantly looking into the matter, Piatt said he was satisfied it was a good thing,
and he undertook to remove the objections of the obstructing oflBlcials. Cowles had
been making tests and getting certificates as to the efficacy of his process, and
Piatt swears " my appeal in his behalf on that ground obtained a contract " The
first contract was for $20,000. The next year, 1872-3, there was an appropria-
tion in the deficiency bill for $50,000, with an addition of $150,000 in the Army
Bill. For the following year, 1873-4, there was, without any recommendation
of the Quartermaster-General, appropriated "for preservation of clothing and
equipage from moth and mildew, $200,000, which shall be available immedi-
ately. " " Shall be available immediately " meant that Cowles & Co. need not wait

THE MOTH SWINDLE. 241

till the beginning of the fiscal year, but could draw the money forthwith. The
last appropriation was made for the fiscal year 1874-5, and was for $30,000.

In 1872 Captain C. A. Alligood, the Quartermaster in charge of Schuylkill
Arsenal, an honest and upright man, an honorable and efficient officer, examined
carefully the cloth and clothing stored there and found that the process was
worthless so far as protection against moths was concerned. He was led to make
this examination by discovering accidentally that moths were cutting cloth which
had been treated by Cowles & Co.'s process. Thereupon he had the entire stock
of goods and clothing at that depot overhauled, and found that the moths
worked as freely upon the treated stock as upon that not treated. He reported
these facts to the Quartermaster-General October 16, 1872. All the interested
parties were at once informed of this report, and forthwith there was a gathering
in Washington. There was a board of some kind fixed up and a pretended ex-
amination made. Alligood was ready to substantiate by irrefragible evidence the
facts stated in his report, but no opportunity was given him. He was forthwith
ordered away from the Schuylkill Arsenal against the protest of Simon Cameron,
and sent South where he would not be troublesome to the so-called moth de-
stroyers. All this was not kept entirely from the public. Some of the facts
leaked out and found their way to the press. There was a good deal said about
this particular swindle, and at the succeeding session of Congress the job did not
get through without opposition. The correspondent of the Cincinnati Com-
mercial denounced it as a job; spoke of Don Piatt's connection with it, and in-
timated very plainly that Garfield's zeal in behalf of the job was not altogether
disinterested. He said:

AN INDEPENDENT VIEW OP THE BUSINESS.
A thrifty Ann, sailing under the name of Cowles & Brega, have for some time past had a con-
tract with the government to apply a process, which they own, to the preserving of army clothing,
cloth, etc., from moths. Tbe process does not preserve cloth from moths. It never did. Some two
or three years ago, when it was first decided to try it, Congress appropriated some fifty thousand
dollars for the purpose, and in the succeeding year, one hundred and fifty thousand dollars. Not-
withstanding the fact that the process is a failure, and so recognized by all who have impartially
examined into its workings, the Quartermaster-General and the Secretary of War have by some
means steadily indorsed it and its appropriations. This last year the firm came to Congress,
asking an appropriation in the army bill of $300,000 for the use of their process during the coming
year. Of course, they went before Garfield's committee. Don Piatt is a member of the firm of
Cowles & Brega, a silent partner. Heretofore, this appropriation has gone throug|h the committee
unquestioned, which might, to a wicked man, seem to be a singular thing. This year, however,
some of the facts in regard to the worthlessness of the process having come to the knowledge of
members of Congress, word was sent to the committee, and Cowles and Brega were compelled to
appear, and show cause why the appropriation should be made. Piatt was on hand, but quietly
and modestly, making no speeches nor argument, but pulling such things as he could lay his hands
on unostentatiously. After a short discussion, a hurried and incomplete investigation, in which
Cowles and Brega alone had a chance to be heard, the committee decided—" to throw out the
item and end the swindle"— by no means, my friends! They decided to reduce the item one-third,
and instead of giving the concern $300,000, as was asked, they gave $200,000. Of course, Dj^n
Piatt, who is virtuous, had no motive for keeping on the right side of the chairman of the corarnit-
tee, who was to pass upon the merits of his firm's contracts. No more had Garfield, though
rather needing newspapers friends, any motive other than the best in the world for passing favora-
bly upon such a contract when he knew it was very doubtful in its nature. No! Such things may
not be, and overcome us like a summer's cloud.

WHO CALLED A HALT AND WHY?

This so-called moth-preventing and water-repelling business went along swim-
ingly until one day Don Piatt found out that he wasn't getting what he consid-
ered was his fair share of the stealings. The firm of Fant, Washington & Co.,
bankers, Washington, D. C, drew the money for Cowles & Brega, placed Piatt's
share to his credit on their books and remitted the balance to Cowles & Co., as
per their orders. Piatt appears to have had a good deal of this sort of thing to
attend to, besides running a Sunday newspaper, and paid no attention to his divi-
dends other than to check against his account at Fant, Washington & Co's.
He supposed he was drawing about $10,000 a year from the business, and thought

16

242 THE MOTH SWINDLE.

that was about all he was entitled to. One day, however, in conversation with
Mr. Fant he learned, very much to his surprise, that he was entitled, as he be-
lieved, to a good deal more. He was getting 10 per cent, of Cowles & Brega's
individual shares, which was 5 or 6 per- cent, of the gross appropriations, but he
swore he was entitled to 15 per cent, of the whole amount. He demanded that
of Cowles, who wouldn't come down, whereilpon Piatt did two things. He wrote
immediately to Gen. Garfield, telling him to telegraph to Belknap, Secretary -of
War, and he went to Belknap and told him the whole business was a beastly cor-
rupt business, and Cowles & Co. must not have another dollar. Of course, Piatt
was virtuous. He asserted that Cowles told him that there was a thing or two
about the business which he would not impart to another human being except
Brega, and, therefore, he could not render Piatt an account of their profits. This
was in August, 1874, and there were only $30,000 to be drawn that year by Cowles
& Co. The job was petering out. It was not likely that the swindle could be
successful another year. The Credit Mobilier exposure had made Congressmen a
little merry, and the correspondents at Washington were firing a round shot every
once and a while at the moth fraud. It was rather a cheap way, therefore, of
being virtuous — going to the secretary and warning him not to pay Cowles & Co.
any more money.

Garfield's correspondence with belknap.
Belknap notified Cowles & Co of the charges preferred against them, and tem-
porarily suspended their operations. Gen. Garfield, by Piatt's instructions, im-
mediately telegraphed Belknap as follows :

Little Mountain, Ohio, Aug. 7th, 1874.
Hon. W. W. Belknap, Secretary of War :

I hope you will stand firmly by your order, suspending further work by Cowles & Bre^.

J. A. GARFIELD.

To which Belknap replied :

War Department, Washington, D. C, Aug. 8th, 1874.
Hon. J. A. Garfield, Little Mountain, Ohio :

On an intimation from one of the parties supposed to be interested in the process that there was
a fraud therein, I ordered that no more payments should be made at present. Verbal notice of ap-
peal for reconsideration of that decision has been given me. If you desire me to stand by that
decision, please give me such facts as will enable me to do so. H. W, BELKNAP,

Secretary of War.

Gen. Garfield, on August 24th, wrote the following letter to Belknap:

LiTTLH Mountain, Ohio, Aug. 24th, 1880.
ZDear Sir : I owe you an apology for so long neglecting to answer your request of the 8th in-
stant, in reference to subject matter of my telegram of that date.

The ground on which I recommend you to stand firmly by your order suspending work of
Cowles & Brega was this: I heard that these men alleged that they paid money to procure the ap-
propriation for treating army clothing by their process. If their statement be true they ought not
to be paid a dollar out of the treasury for any purpose. If it be false, they are slanderers of the
government, and ought not to receive any of its favors. I don't believe that they paid anything
for any such purpose. If they had not said so, I would withdraw my telegram; but if they have
said so, I am in favor of making them prove what they have said. This is all I know^ on the subject.
If you have any further intelligence on the subject, 1 shall be very glad to know it.

Very truly yours, J. A. GARFIELD.

Hon. W. W. Belknap, Secretary of War.

War Department, Sept. 8th, 1874.

Dea?' General: I have the honor to acknowledge the receipt of your letter of Aug. 24th, rela-
tive to the Cowles & Brega preserving process, in which you state that you heard that these men
alleged that they paid money to procure an appropriation for the preserving of army clothing
by tneir process.

Since that letter was received I have examined into this matter, and Messrs. Cowles & Brega
have filed an affidavit denying that they have made any such statement. I therefore revoked my
former order, and substituted the following in its stead: " Respectfully returned to the Quarter-
master-General. The order of the 20th of July, directing 'that no more money be paid from old
or new appropriations on account of what is known as the Cowles process for preservation of
cloth, &c., until further orders, is hereby revoked, and the Quartermaster-General is directed to
select three officers of his department to comprise a board for the purpose of inspecting all the
materials at the Schuylkill Arsenal which have been treated by the process above named; report to
be made as to the condition of such materials, and whether the benefits claimed for this process
have been f ulfllled >Yitli respect thereto. No further payments to be made or work done in the va-

THE MOTH SWINDLE. 243

Tious preserving processes till the results of the report of the hoard are made known. These
papers to be returned as soon as practicable." Yours truly,

W. W. BELKNAP, Secretary of War.
Gkn. Jambs A. Garfield, Little Mountain, Ohio.

Don Piatt swore that lie did not tell Gen. Garfield that Cowles & Brega told
him " that money had been expended to procure appropriations."

Q. You stated to Gen. Garfield just what Mr. Cowles had told you ? A. I think so.

Cowles & Co., in their affidavit that Belknap mentions in his letter to Gen. Gar-
field, say that Don Piatt made his demand " for money beyond what he had re-
ceived," June 28, 1874. Of Gen. Garfield's telegram they say :

" As to Gen. Garfield's telegram, it contains no evidence whatever, and we can
prove that on the 16th or 17th of July last Mr. Cowles heard that Mr. Don Piatt
stated he (Piatt) had telegraphed to Gen. Garfield to telegraph the Secretary of'
War to suspend our work. Gen Garfield's telegram is dated the 7th of August.
It is evident that Gen. Garfield acted under the misrepresentations of Mr. Don
Piatt."

Capt. C. A. AUigood, when on his way South, where he was ordered after his
removal from the Schuylkill Arsenal, stopped in Washington and called upon Don
Piatt, and told him all the particulars of his removal and the real character of the
frauds practiced by Cowles «& Brega, and the utter worthlessness of their process.
This circumstance Don Piatt admits in his evidence before the Clymer commit-
tee, but he suppressed the important facts Capt. Alligood told him. This was in
the Summer of 1873. Mr. Piatt did not call upon the Secretary of War then and
denounce Cowles & Brega, and have justice done to a worthy officer, who was
being persecuted for his fidelity to the interest of his government

THE PROFITS AND WHERE THEY WENT.

Mr. H. G. Fant, of the firm of Fant, Washington & Co., the bankers, and
Cowles & Co., produced their account to show the money they had received from
the government through his house.

Amount collected by Fant, Washington & Co., agents of G. A. Cowles & Co., bettoeen February
or March, 1872, to July or Avgust, 1874.
From the Army, Navy and Ordinance Department, $403,875.00, distributed as follows:

G. A. Cowles & Co., manager, expense account $41,.374.18

G. A. Cowles & Co., army account 63,525.10

G. A. Cowles & Co., individual account .* 92,570.99

George W. Brega, individual account 92,570.99

L. H. Bacon, of Hartford, Conn 57,934.26

Victor Vicrow, of Philadelphia 28,967.13

Bonn Piatt 22,934.35

Commissions to Fant, Washington «fe Co., per cent 3,998.00

Making the total amount received from the government $403,875.00

According to this distribution of the proceeds of this robbery of the government
the profits were, allowing the army account to be really legitimate expense, $29S,-
975.72. If the army account was illegitimate, as would appear by the faceP of
Fant, Washington & Co.'s books the profits were i362,500.§2.

Mr. Fant could give no explanation of this account. It was their duty as agents
to simply collect the money and forward it in checks on New York, and charge
them to different items, as per the direction of Cowles & Co. The committee did
not seek to unravel this mystery beyond the inquiries put to Fant. The object
of this investigation was to ascertain whether or not $39,040.17 was illegally paid
to George A. Cowles & Co. by the order of Rufus Ingalls, then Quartermaster-
General. They reached the conclusion that it had been, upon an opinion of
Attorney-General Pierrepont, who therefore divided the responsibility of the vio-
lation of law with the Quartermaster-General and Secretary of War.

244 GENEBAL GAKFIELD AND THE LABORING MEN.

GEN. GARFIELD & THE LABORING MEN.

A great parade has been made in all the political biographies of Gen. Garfield
of the fact that he was born in humble circumstances and that in his youth he
drove mules on the tow path of a canal. But his record as a friend of the class,
with whom he associated in his youth is not referred to by his biographers.
They deal in glittering generalities. They know his acts are not in accordance
with their encomiums. In his exalted station he has become the friend, the
champion, the beneficiary of every monster corporation like the Credit Mobilier
of America, which stole $50,000,000 from the People's Treasury in building the
Union Pacific Railroad ; like the Six Chinese Companies of San Francisco, that
fattens at the expense of Free American Labor ; like the Cobden Free Trade
League of England, of which he is an honorary member.

In the Forty-third Congress, when Mr. Garfield was Chairman of the Commit-
tee on Appropriations of the House of Representatives, he brought in the Sundry
Civil Bill with a clause cutting down the wages of the printers who work in the
Government Printing Office. Gen. Hawley, of Connecticut, moved to strike out
this clause, reducing the compensation of skilled mechanics. Gen. Garfield
insisted that the printers in the government employ were overpaid — that they
received more and better pay than they were entitled to. At the close of the next
session of Congress he engineered through an amendment to the Legislative,
Executive and Judicial Appropriation Bill which not only increased his own pay,
but extended it back to the beginning of the Congress. In the discussion of the
clause reducing the printers' wages Gen. B. F. Butler, of Massachusetts, took the
floor and said that when Congress would go to work and reduce the interest on
the Government Bonds, that only cost 38 cents on the dollar, and by intervening
legislation of Congress had been raised to the value of $1.16, he would be willing
to consider a proposition to reduce the wages of laboring men. Capitalists could
always come to Congress and secure legislation to protect their interests, and so
long as this continued he was in favor of the mechanical and laboring classes or-
ganizing to protect their interests.

Gen. Garfield contended that Congress had the right to make the wages of the
printers whatever it saw fit. No one denied the power of Congress to legislate
against the employees of the Government Printing Office. It was the equity of
the thing for which Gen. Butler and others contended. Gen. Hawley, of Con-
necticut, insisted that the wages paid printers in Washington were not too high.
Gen. Garfield admitted that the printers in the Government Office did more night
work, and that their employment was more irregular than in outside printing of-
fices ; that the cost of living in Washington was higher than elsewhere, but still he
contended that these workmen ought not to be paid more than printers elsewhere
received. On the motion to strike out this clause reducing the printers' wages
Gen. Garfield voted no — {see Congressional Record 436? Cong., Ist Sess., pp. 4877-8-
80-81.)

SOME OF GENERAL GABFIELD'S VOTES. 246

SOME OF GENERAL GARFIELD'S VOTES.

Below are given some of the votes cast by General James A. Garfield since he
became a member of Congress. They embrace votes on the most important
topics. It will be found that he invariably voted for all land grants and subsidies
and in favor of all monopolies, while he at the same time voted against giving
soldiers 160 acres of land.

Besides the votes given below he voted generally against Democratic investiga-
tions ; against reductions of the army, and in favor of the largest appropriations
for all purposes.

RAILROAD LAND GRANTS.

May 16, 1864.— The Northern Pacific Land Grant Bill .was under consideration, and Mr. Holman
moved an amendment requiring the road to transport the" troops and property of the United States
free of charge. Mr. Garfield voted against the amendment {Globe, part^, 1st sess. 38th Cong.,
p. 2291).

The bill was rejected the same day. Garfield, however, voted for it (Ibid., p. 2297).
May 3l8t.— A bill of the same character was called up, and this time it passed, Garfield voting for
it {Ibid., p. 2612).

February 17th, 1865.— General Garfield voted in the interest of a bill to extend the time for the
completion of certain land grant railroads in Michigan and Wisconsin {Globe, part 2, 2d sess. 28th
Cong., p. 873).

March 3d, 1865.— Garfield voted to suspend the rules and take up a bill to extend the time for the
completion of certain land grant railroads in Minnesota, and the bill passed {Ibid, p. 1410).

July 5th, 1866.— A bill was considered which proposed to amend the Union Pacific Railroad Act in
such a way as to give enlarged powers to the grant of land previously made. Mr. Garfield is
recorded in favor of it {Globe, part 4, 1st sess. S9th Cong., p. 3589).

July 26, 1866.— Garfield voted for a bill granting lands to aid in the construction of a railroad and
telegraph line from the states of Missouri and Arkansas to the Pacific Coast {Globe, part 5, Istsess.
mth Cong.,p,4im).

March 2, 1867.— A bill to grant land for the construction of the Stockton and Copperopolis Rail-
road, in California, was passed. Garfield voted for it {Ibid., 2d sess., p. 1769).

January 15th, 1868.— The bill to extend the time for the completion of the Dubuque and Sioux City
Railroad was taken up. It proposed to take away five or six hundred thousand acres of the public
lands. With a view of stopping the steal, E. B. Washburne made a point of order against it. The
Speaker overruled the point of order, and Garfield voted to sustain the decision of the chair {Globe,
part 1, 2d sess. 4i)th Cong, p. 544).

The bill was not disposed of on that occasion. It came up the next day and Garfield voted for it
At every stage, and until it was finally passed {Ibid., p. 571).

January 18, 1869.— An attempt was made by Mr. Holman to commit the House against the policy
of granting public lands to railroads and other corporations, and declaring that such lands should
be reserved for actual settlers. Garfield voted against the resolutions, and his vote helped to lay it
on the table {Globe, part 1, M sess., 40th Cong., pp. 424-5).

February 22, 1869.— Garfield voted for the bill granting the right of way to the Memphis, El Paso
& Pacific Railroad Company from El Paso to the Pacific Ocean (/6ic?., 2>(irt 2, p. 1444).

April 9th, 1869.— A proposition was pending to extend the time for the completion of the first
twenty miles of the Little Rock and Fort Smith Railroad— a land grant road. Garfield helped by
his vote to pass it, with an amendment for the benefit of the Memphis & El Paso Road {Globe, 1st
sess., 41st Cong., p. 702).

The bill came from the Senate on March 4th, 1870, with sundry amendments, and Garfield again
TToted to put it through {Globe, part 2, 2d sess. 41st Cong., p. 1699).

May 25, 1870.— The House having under consideration a Senate bill to authorize the Northern
Pacific Railroad to issue its bonds for the construction of its road, an amendment was offered that
the lands granted said company should be sold to actual settlers only, in quantities not greater than
160 acres to any one person, and at a price not exceeding $2.50 per acre. General Garfield voted
against it. Then the same amendment was put in another form, and he voted against that also
{Globe, part 5, 2d sess. 41st Cong., pp. 3797-8).

The next day. May 25th, he voted against a like amendment. He also voted against an amend-
ment declaring that nothing in the act should be construed as a guarantee by the United States of
the bonds issued by said company or its agents. Then other efforts were made to fix the price at
which the lands should be sold, and Garfield voted steadily against all of them. He also voted

246

against the following propositions: that any railroad authorized to be built hj competent state or
national authority, whose line of road intersects that of the Northern Pacific Company, should
have the right of way to the extent of 200 feet in width, with necessary grounds for depot purposes,
over and across the lands of said company, free of charge; that the company should be i-eqtiired to
report annually to the Secretary of the Interior; that the United States should have the right at all
times to take possession of and own the road of said company, and all its appurtenances, on pay-
ing the actual and legitimate cost thereof, etc. After voting against these and other proper amend-
ments, nearly all of which were defeated, he finally voted for the bill (Ibid., pp. 3850 to 53).

July 12, 1870.— On a motion to take up and consider the bill extending the time for the comple-
tion of the St. Croix & Bayfield Railroad, Mr. Garfield voted to take it up, and resisted all attempts
to defeat it {Globe, part 6, 2(t sess. 4Ut Cong., p. 5469).

February 21, 1871.— Garfield voted for a grant of land in aid of the construction of the Texas Pa-
cific Railway (Globe, part 2, M sess. 41st Cong., p. 1473).

February 29, 1872. —The St. Croix and Bayfield Railroad land grant was brought up again, it hav-
ing failed in the previous Congress. Mr. Holman wanted to recommit it with such mstructions
as to compel the reporting of a bill which would better protect the interests of the government ;
to limit the land grant and to prevent any of the lands enuring to the benefit of the Northern Pacific
Railroad. The bill was referred with the instructions, but in spite of Mr. Garfield for he voted
against the motion (Globe, part 2, 2(1 sess. 42(1 Cong., p. 1313).

April 18th, 1872.— The bill to incorporate the Great Salt Lake and Colorado River Railroad Com-

{)any, and making a grant of land thereto was taken up. Gen. Garfield voted against a motion to-
ay the bill on the table and it was then passed (Ibid., part 3, p. 2547).

It will be observed that he voted generally in favor of landgrants. When the

Democrats came into power they stopped that sort of legislation and adopted the

following resolution, which Garfield voted for, after he saw that no more land

legislation was to be had.

December 15th, 1875.— Jiesolved, That in the judgment of this House, in the present condition of
the financial affairs of the government no subsidies in money, bonds, public lands, indorsements
or by pledge of the public credit, should be granted by Congress to associations or corporations en-
gaged, or proposing to engage, in public or private enterprises, and that all appropriations from the
public treasury ought to be limited at this time to suchamoimts only as shall be imperatively de-
manded by the public service (Record vol. 4, jmrt 1, 1st sess. 44th Cong., p. 227).

He voted for a similar resolution in 45th Congress (Record, vol. 7. part 1, 2d sess.
45t7i Cong. , p. 626).

OTHER LAND GRANTS.

February 14th, 1865.— Mr. Garfield voted for a bill donating public land for the construction
of a ship canal at the head of the Sturgeon Bay, Wisconsin (Globe, part 1, 2d sess. 38 Cong., p. 795).

March 1st, 1865.— Mr. Garfield voted for ft bill granting land to the state of Michigan, to aid in
building a harbor and ship canal at Portage lake. Lake Superior (Globe, part 2, 2d sess. 48th Ccmg.,
p. 1263).

April 2d, 1866.— The bill granting a donation of two hundred thousand acres of land (which
failed in the Thirty-eighth Congress), for the Sturgeon Bay Canal came up again and, Garfield true
to his instincts in favor of land grants voted for it (Globe, part 2, 1st. sess. ^2thCong., p. 1727).

TAX ON DISTILLED SPIRITS, ETC. — VOTES IN THE INTEREST OF THE WHISKEY

RING.

March 3, 1864.— A report of a conference committee on an internal revenue bill was under con-
sideration in the House. The point in controversy was as to the propriety of taxing the stock on
hand. The House said it should be taxed, and the Senate said it should not. Garfield voted that
the House should recede from its position, and thus concur in the Senate amendment (Globe, part
1, 1st sess. 38th Cong).

April 28, 1864.— Garfield voted against another proposition to tax the stock on hand (Ibid, part 2, .
/). 1963).

December 19, 1864.— He voted to strike out a section of a revenue bill which taxed spirits on
hand 50 cents per gallon ( Globe, part 1, 2d sess. 38/A Co?ig., p. 68).

January 30, 1878.— A bill was pending in relation to the tax on distilled spirits. Gentlemen who
knew most about it demonstrated that a reduction of the tax would be of great advantage to the
revenues of the country. An amendment was offered, declaring that a reduction of the tax was
inexpedient. Gen. Garfield voted for the amendment (Record, vol. 7, part 1, 2d sess. 45th Cong., p.
681).

June 17, 1878.— A bill to amend the laws relating to internal revenue was passed. It was of de-
cided advantage to the government in the matter of the tax on distilled spirits. Garfield voted
against it (Ibid., part 5, p. 4770).

STEAMSHIP SUBSIDIES.

April 15, 1864.— Mr. Garfield voted against a motion to lay on the table a bill granting a subsidy
of $150,000 for mail service between the United States and Brazil (Globe part 2, 1st sess. SSthCong.,
p. 1658).

March 2, 1867.— Garfield voted for a bill to subsidize a line of steamers between the United States
and the Hawaiian Islands (Globe, jJCirt 3. 2d sess., S9th Cong., p. 1781).

June 10th, 1868.— Gen. Garfield voted for a bill wanting a subsidy to a line of steamships be-
tween New York and one or more European ports (Globe, part 3, 2d sess. 40th Cong., p. 3033).

May 21, 1872.— The Senate put an amendment on the Post-Oflice Appropriation Bill for an
additional monthly mail between the United States and China. Holman wanted to reduce the
amount of compensation. Garfield voted against the proposition. He then voted for the increased
subsidy and additional service. On the same day he voted for the Brazilian mail subsidy (Globe,^
part 5, 2d sess. 42d Cong., p. 3679-^).

SOME OF GENERAL GARFIELD's VOTES. 247

February 15, 1875.— On a motion to suspend the rules and pass a Senate bill for the relief of the
contractors for the construction of yessels of war and steam machinery— Secors and others, whose
claims were frauds— Gen, Garfield voted in the affirmative {Record, part 2, 2d sess. AM Con^.^p.
1292).

December 15, 1877.— Garfield voted against the resolution offered by Mr. Wood authorizing cer-
tain committees to make investigations of matters before them. One of the principal investigationg
proposed was that with regard to frauds in the Navy Department {Record, ml. 7, part 1, 45</i Cong.,
2d sess., pp. 243 and 4, &c.).

PRINTING FRAUDS.

May 16, 1876.— Mr. Garfield voted against a resolution reported from the Committee on Printing,
directing the Speaker to transmit to the proper authorities the testimony taken by that committee
relating to the Congressional printer, to the end that he might be indicted and presented. By
voting against that resolution, Mr. Garfield proposed to shield Mr. Clapp from certain acts of mal-
feasance in office which the committee had found against him {Record, vol. 4» part 4, 1st sess.
Uth Cong., p. 3118).

THE CHOCTAW CLAIM.

. There has been pending before Congress for several years a bill to pay the
Choctaw Indians the sum of nearly three million dollars which they claim to be
due them. As the claims have nearly all passed into the hands of speculators for
a mereh^ nominal sum, and as the Indians would not be benefited by the appro-
priation to any great extent, the claim was regarded as a swindle, and as such
opposed. Moreover, Secretary Boutwell reported that it had been paid in full.
In the Forty-third Congress the claim was attached to the Indian Appropriation
Bill. Gen. Garfield voted for it {Record, vol. 3, part 1, 2d sess. 43c? Cong., p.
617). On account of this appropriation the bill was rejected. The next day
(January 21st, 1865), Mr, Garfield voted to reopen the question (Ibid., p. 636).
A motion was then made to recommit the bill to the Committee on Appropria-
tions (the committee of which Garfield was chairman), with instructions to report
the same, excluding the Choctaw claim. Garfield voted against the motion. He
also voted in favor of the bill, and it was finally recommitted to the committee
of the whole House (Ibid., pp. 637-639).

The bill was reported back again February 9th, 1875, but still retained the
Choctaw clause, slightly modified. The clause was rejected, but not with Gar-
field's aid, for he voted to retain it (Ibid., part 2, p. 1093).

.Tanuarj^ 32, 1877. — The friends of the claim changed their tactics a little.
Failing to get the House to act on the bill, they proposed to refer it to the Court
of Claims. Gen. Garfield voted for the reference (Recoi'd, vol. 5, part 1, 2d
sess., UtJi Cong., 2^- 812).

VOTES AGAINST SOLDIERS' INTERESTS.

April 30, 1864.— The Army Appropriation Bill being under consideration, Mr. Holman offered an
amendment providing that after January 1st, 1864, the pay of the private soldier of the army shall
be $20 per month. The Speaker ruled the amendment out of order and Mr. Holman appealed from
the decision of the chair. On motion to lay the appeal on the table, James A. Garfield voted for
it, thereby declaring his opposition to an increase of the private soldiers'' pay {Globe, ])art 3, 1st
sess., 38th Cong., p. 1999).

January 6th, 1864.— Mr. Farnsworth reported a bill from the Committee on Military Affairs, con-
tinuing the payment of bounties for enlistment from the 5th of January, 1864, to the 1st of March,
1865. The bill passed— 112 to 2. Mr. Garfield was one of the two voting no {Globe, part 1, 1st
se^s., S8th Cong., p. 110).

February 18th, 1865. — A bill was reported from the Committee on Military Affairs to increase the
pay of certain officers of the army. An amendment was offered to make the pay of private soldiers
.f20 per month. General Garfield voted against the amendment. He then moved that the bill be
recommitted and voted for that motion. His motion prevailed and the bill was then immediately
reported back providing for the officers but leaving the private soldiers out, and it was passed
{Globe, part 2, 2d sess., S8fU Cong., pp. 909 a7Hl 910).

December 12, 1872.— General (Siarfield voted against the bill allowing every private soldier, musi-
cian and officer who served in the army of the United States during the late war for ninety days,
and was honorably discharged, and the widow or orphan of such soldier to enter 160 acres of land
under the homestead law {Globe, part 1, Sd sess., 42d Cong., p. 167).

February 8th, 1875.— General Garfield voted against suspending the rules and passing a bill
granting bounties to heirs of soldiers who enlisted in the service of the United States during the
late war for a period of less than one year, and who were killed or have died by reason of such
service {Record, vol. 3, 2>cirt 2, 2d sess., 4Sd Cong., p. 1068).

PENSIONS OF SOLDIERS OF 1812.
July 6th. 1866.— Mr. Garfield voted to lay on the table a bill granting pensions to soldiers of the

248 SOME OF GENERAL GARFIELD's VOTES.

war of 1812. He then voted to recommit the bill, and thereby helped to defeat it {Globe, part
4, \st sess. S9th Cong., pp. 3928 and 29).

April 3d, 1876.— A bill to pension soldiers of 1812 and their surviving widows being under con-
sideration, Mr. Garfield voted to strike out a clause giving arrearages of pensions to widows whose
husbands' names were dropped for alleged disloyalty (Record, vol. 4, parts, 1st sess. iith Conq.,
p. 2167).

PENSIONS TO MEXICAN SOLDIERS,

February 25th, 1878.— General Garfield was a determined opponent of the bill to pension the vet-
erans of the Mexican war. He voted at the date above named against a motion to go into Commit-
tee of the Whole to consider a bill to pension them {Record, vol. 7, part 2, 2d sess. 4S)th Conq., p.
1315).

January 14th, 1879.— He voted again against going into Committee of the Whole on the bill {Rec-
(yrd, lid. 8, part 1, M sess. ^th Cong., p. 443),

During that session several other attempts were made to get the bill up and Garfield was always
recorded against it.

TARIFF.

June 4th, 1864. — Mr. Garfield voted against an amendment to the pending tariff bill, to admit
xree of dnty during a period of one year, any machinery designed for and adapted to the manufac-
ture of woven fabrics from the fiber of flax or hemp, «fcc. {Globe, part 3. \st sess. S8th Cong., j).
2750).

June 27th, 1864.— Mr. Garfield voted for a Senate amendment to the tariff bill, fixing a duty of
sixty cents per one hundred pounds on all iron imported in bars for railroads, and inclined planes
made to patterns and fitted to be laid down on such roads or planes {Globe, part 4,1st sess. S8th
Cong., p. 3S12).

July 10th, 1866.— A tariff bill being under consideration, Garfield voted against reducing the duty
on railroad iron to 50 cents per hundred pounds and then voted to make it 70 cents per hundred
pounds {Globe, part 4, 1*/ sess. 39t/i Cong.,]). 3723).

December 8tn, 1868.— Garfield voted for a bill increasing the duty on imported copper and cop-
per ores {Globe, 2>ort 1, Srf se^s. 40th Cong., p. 15).

February 8th, 1869.— The bill went back to the House from the Senate with the rates of duty
largely increased, and Garfield voted for the Senate amendments {Ibid part 2, p. 960),

May 23d, 1870.— Garfield voted against a motion offered by Mr. Judd, of Illinois, to suspend the
rules and pass a bill to reduce duties on sugar, molasses, iron, etc. {Globe, part 4, 2d sess. 41st Cong.,
p. 3727).

June 6th, 1870.— An internal revenue bill being under consideration, Mr. Schenck offered an
amendment imposing increased duties on tea, coffee, sugar and other necessaries of life. In fact
it was a regular tariff bill injected into an internal revenue bill, Garfield voted for it {Ibid, part 5,
p. 4106).

June 20th, 1870.— The House had in the above bill raised the duty on live animals from 20 to 30
per cent, ad ralorem, and had so increased the duties on potatoes and fish that they were almost pro-
hibitory. A resolution was offered directing the Ways and Means Committee to reduce the duties on
potatoes and fish 50 per cent. Garfield voted for its reference to the Ways and Means Committee
without instructions, and thus practically defeated it (^Ibid, p. 4603)

February 26th, 1872.— A resolution declaring it to be the judgment of the House that the duty on
pig iron should be reduced to five dollars per ton or less, was rejected. Mr. Garfield voted against
It {Globe, part2, 2d sess. 42rf Cong., p. 1217).

DUTY ON PRINTING PAPER.

January 23, 1865.— Mr. E. B. Washburne introduced for passage a joint resolution to reduce the
duty on printing paper unsized, used for books and newspapers exclusively, to three per cent, ad va-
lorem. Mr. Garfield voted to lay the joint resolution on the table ; he also voted against ordering
the main question and fought it at every stage down to the final passage. He wanted the rate of
duty put higher ( Globe, pare 1. 2d sess. 38th Cong., pp. 369 and 370).

March 3d, 1865.— The above bill was returned from the Senate with an amendment increasing
the duty to 15 per cent. Garfield voted for that amendment. He also voted against tallying the bill,
which the friends of cheap paper desired to do {Ibid., part 2, p. 1416).

DUTY ON SUGAR,

April 28, 1864.— An internal revenue bill being under consideration Mr. Garfield voted for an
amendment increasing the duty on sugar from one to two cents per pound {Globe, part 2, Ist
sess. 38th Cong., p. 1942).

DUTY ON COAL.

June 6th, 1870.— Mr. Garfield voted against a resolution directing the Ways and Means Commit-
tee at the earliest practicable moment to report a bill abolishing the duty on coal, was to secure
that important article of fuel to the people free from all taxation (Globe, part 5, 2d sess. 41st Cong..
p. 4101).

SPIES AND INFORMERS.

April 1st, 1872.— A bill was passed to dispense with informers in the iBtemal revenue service
Gen. Garfield voted against it {Globe, part 3, 2d sess. 42d Cong., p. 2077).

SAN DOMINGO.

December 12, 1870.— Mr. Banks offered a resolution authorizing the President to appoint a com-
mission in regard to the acquisition of San Domingo. Mr. Cox moved to lay the resolution on the
table. That would have killed, at once, what afterwards turned out a great scandal. General Gar-
field voted against the motion to table {Globe, part 1, Sd sess. 41st Cong., p. 66).

January 9th, 1871.— The Senate having passed a joint resolution similar to the above, Mr. Orth
moved to suspend the rules and pass the Senate joint resolution. General Garfield voted for it.
The rules were not suspended, however. Then Orth reported back the House bill. The opposi-
tion filibustered successfully against it, but finally Orth succeeded in having the Senate bill taken
up for consideration, Mr. Gai-field voting in favor of it all the time {Ibid., pp. 381 and 84).

January 10th, 1871, the joint resolution was passed with the aid of Garfield's vote {Ibid., p. 416).

SOME OF GARFIELD'S VOTES. 249

THE PRANKING PRIVILEGE.

Jan'y 20, 1869.— In a bill to restrict and regulate the franking privilege was a clause prohibiting
persons entitled to the privilege from receiving through the mails any mail matter free of postage
except public documents printed by order of Congress. Gen. Garfield voted to strike that clause
from the bill ( Globe, part 1, M sees. 40tk- Cong., p. 480). j

BELLIGERENT RIGHT TO CUBANS.
January 28th, 1872.— Mr. Voorhees offered a resolution to recognize the belligerent rights of the
Cubans in their war against Spain. Gen. Garfield voted against it (Globe, part I, 2d sess. ^id
Cong., p. f^).

THE CHINESE QUESTION.
March 22d, 1869.— Gen. Garfield voted against a resolution declaring that the Fifteenth Amend-
ment to the Constitution never intended to confer the right of suffrage upon Chinese or Mongolit
ans {Globe, 1st sess. 41st Cong., p. 202).

NO SYMPATHY FOR IRELAND.

March 8th, 1867. —A resolution was offered extending the sympathy of the people of the United
States to the people of Ireland, in their struggle for constitutional liberty. Gen. Garfield was one
of fourteen members who voted against considering the resolution, and then voted to refer it to a
committee (Globe, 1st sess. 40th Cong., p. 36).

MUZZLING THE SUPREME COtlRT.

In January, 1868, the Republicans became fearful that the Supreme Court would upset some of
their unconstitutional reconstructive laws, so a bill was introduced to prevent it, by declaring what
should be a quorum, &c., of the Court. It was a virtual interference with the prerogatives of that
tribunal. Gen. Garfield voted with the bill at all its stages (.Globe, part 1, 2d sess. 40<A Cong.., pp.
476-77 and 78).

250 GARFIELD AGAINST FREE SALT.

GARFIELD AND GENERAL SHIELDS.

HIS INGRATITUDE TO A SCARRED VETERAN OF THREE WARS.

There was a bill introduced in the Forty-fifth Congress authorizing the President
to appoint James Shields a brigadier-general in the United States Army, on the
retired list, with rank and pay from and after the passage of the act. General
Shields was then without means of support, and so broken by disease contracted
in the service of his country in the field, and so enfeebled by age and infirmity
that his Democratic friends in Congress resolved to do a last act of simple justice
by placing him on the retired list of the army, and thus provide a dying veteran
with food and shelter. It was an extreme case, and the dictates of humanity, to
say nothing of the acknowledged services of the grand old hero during a long and
brilliant career in the field, would seem enough to justify any proper measure
of relief.

General Shields was then nearing his grave, dying only a few months after-
wards in great poverty. He was not only a soldier of honorable fame, but a
Democratic statesman of great ability and unsullied patriotism, having served as
Senator in Congress from three different states of the Union.

When the vote was taken on a motion to suspend the rules and pass this bill,
the yeas were 112 and the nays 55. To the surprise of every lover of justice in
that House James A. Garfield voted nay {see Cong. Record, 45th Cong., Sd 8688.
p. 2,387).

GARFIELD AGAINST FREE SALT.

MR. GARFIELD OPPOSES THE REPEAL OF THE DUTY ON SALT.

A motion was made by Mr. Hatch on January 13th, 1880, to suspend the rules
and pass the following bill to provide for the importation of salt duty free :

Be it enacted, &c., That no dutj' shall be levied or collected, directly or indirectly, on the im-
portation of salt brought into any port of the United States; but salt, fine or coarse, in bulk or in
Dags, sacks, barrels, or other packages, may be imported free of duty.

Sec. 2. That all laws or regulations of the Treasury Department in conflict with this act be, and
the same are hereby, removed.

Sec. 3. That this act shall take effect and be in force from and after its passage.

Mr. Conger objected to its consideration, but the objection was overruled by
th6 Speaker. Mr. Conger then moved to adjourn, and on that motion demanded
the yeas and nays. The vote being taken the yeas were 97, nays 128. Mr. Gar-
field signified his opposition to the bill by voting yea.

The motion to adjourn having failed the question occurred on the motion of
Mr. Hatch to suspend the rules and pass the bill. The yeas and nays being called
for the question was decided in the negative, yeas 115, nays 115. Mr. Garfield
being recorded among those not voting {see Cong. Record, January I'^th, 1880,
p. 18).

On the following day Mr. Garfield rose in his place and said :

Mr. Speaker: I find that in the list of yeas and nays on the Journal, on the motion yesterday
to suspend the rules and pass the bill for the repeal of the duty on salt, I am recorded as not voting.
I wish the correction to be made. I voted against the motion.

So the Journal was corrected and Mr. Garfield's vote was recorded in the
negative {Id. January lith, 1880, p. 4).

GARFIELD" DENOUNCED BY REPUBLICANS OF HIS DISTRICT. 251

MR. GARFIELD DENOimCED BY THE
REPUBLICANS OF HIS OWN DISTRICT.

GEN. GARFIELD'S REPUBLICAN CONSTITUENTS PASS JUDGMENT.

On the 7th of September, 1876, the Republicans of the Nineteenth Congress-
ional district of Ohio opposed to the return of James A. Garfield to Congress met
in convention at Warren, Ohio, and organized. ^A committee on resolutions was
appointed, which, after mature consideration, submitted the following, which
was adopted :

Be it by this independent convention of Republicans of the Nineteenth Congressional District
of Ohio,

First. Eesolved, That dishonesty, fraud and corruption have become so common, notorious and
obvious in the administration of our national government, as to be not only humiliating and dis-
graceful in the estimation of every honest and intelligent citizen, but to imperil the prosperity of
the people, if not the stability of the government itself.

Second. Resolved, That this deplorable condition of the administration of our national gov-
ernment is largely due to the election to office and continuance therein of corrupt, dishonest and
venal men.

Third. Resolved, That it is useless and hypocritical for any political party to declare for reform
in its platforms, papers and public addresses, while it insists on returning to high official place and
power men who have been notoriously connected with the very , schemes of fraud which render
reform necessary and urgent ; that to send those to enact reform who themselves need reforming
to make them honest, is worse than setting the blind to lead the blind.

Fourth. Resolved, That there is no man to-day officially connected with the administration of
our national government against whom are justly preferred more or graver charges of corruption
than are publicly made and"^ abundantly sustained against James A. Garfield, the present represen-
tative of this Congressional district and the nominee of the Republican convention forre-efection.

Fifth. Resolved, Tliat since he first entered Confess to this day there is scarcely an instance in
which rings and monopolies have been arrayed against the interests of the people, that he has been
found active in speech and vote upon the side of the latter, but in almost every case he has been
the ready champion of rings and monopolies.

Sixth. Resolved, That we especially charge him with venality and cowardice in permitting Benja-
min F. Butler to attach to the Appropriation bill of 1873 that ever-to-be-remembered infamy, the
salary steal, and in speaking and voting for that measure upon its final passage ; and charge him
with corrupt disregard of the clearly expressed demand of his constituents that he should vote for
its repeal, and with evading said demand by voting for the Hutchinson amendment.

Seventh. Resolved, That we further arraign and denounce him for his corrupt connection with
the Credit Mobiiier, for his false denials thereof before his constituents, for his perjured denial
thereof before a committee of his peers in Congress, for fraud upon his constituents in circulating
among them a pamphlet purporting to set forth the findings of said committee and the evidence
against him, When, in fact, portions thereof were omitted and garbled.

Eighth. Resolved, That we further arraign and charge him with corrupt bribery in selling his
official influence as Cliairman of the Committee on AppropriatiotTs to the DeGolj'^er Pavement Ring,
to aid them in securing a contract from the Board of Public Works of the District of Columbia;
selling his influence to aid said ring in imposiug upon the people of said District a pavement which
is almost worthless at a price three times its cost, as sworn to by one of the contractors; selling
his influence to aid said Ring in procuring a contract to procure which it corruptly paid, $97,000
" for influence;" selling his influence in a matter that involved no question of law, upon the ehal low

gretext that he was acting as a lawyer; selling his influence in a manner so palpable and' clear as to
e so found and declared by an impartial and competent Court upon an issue solemnly tried.

Ninth. Resolved, That we arraign him for the f radulent manner in which he attempted, in his.
speech, delivered at Warren, on the 19th day of September, 1874, to shield himself from just cen-
sure in receiving the before-named $5,000, by falsely representing in said speech that the Congress
of the United States were not responsible for the acts of said board, nor the United States liable for
the debtscreated thereby, when in truth and in fact, as he then well knew, the said BoaVd of Public
Works and the officers of said District were but the agents and instruments of Congress, and the
"United States, was responsible for the indebtedness by them created.

Tenth. Resolved, That we arraign him for gross dereliction of duty as a member of Congress in
failing to bring to light and expose the corruption and abuse in the sale of post traderships, for
Which the late Secretary Belknap was impeached, when the same was brought to his knowledge by

252 GARFIELD DENOUNCED BY REPUBLICANS OF HIS DISTRICT.

Oen. Hazen in 1872, and can only account for it upon the supposition that his manhood was de-
bauched by the corruption funds then by him just received and in his own purse.

Eleventh. Resolved, That the law of 1873, known as the act demonetizing silver, was enacted in the
interest of gold rings, bondholders and capitalists and against the interest of the taxpayers and
without their advice or knowledge. That this act, by a single blow, has seriously crippled our
power to resume specie payments or pay our national debt in coin. That no sufficient reason has
yet been given for this legislation, so dishonest and palpable in its discrimination in favor of the
small creditor class and capitalists and against the great debtor class and the industrial interests of
the country. That James A. Garfield during the last session of Congress was the conspicuous de-
fender of this crafty attempt to sacrifice the interests of the people to bondholders and foreign capi-
talists. That when it was proposed to restore the old silver dollar to the place it had held during
our history as a nation as a legal tender for all debts, public and private, he denounced the attempt
as *' a swindle on so grand a scale as to make the achievement illustrious " and as a " scheme of
vast rapcality and colossal swindling."

Twelfth. Resolved. That neither great ability and experience or eloquent partisan discussion of
the dead issues of the late war will excuse or justify past dishonesty and corruption or answer as a
guaranty of integrity and purity for the future.

Thirteenth. Resolved, That believing the statements in the foregoing resolutions set forth, we
cannot, without stultifying our manhood and debasing our self-respect, support at the polls the
nominee of the Republican convention of this district for re-election, nor can we, without surrender-
ing our rights as electors and citizens, sit silently by and see a man so unworthy again sent to repre-
sent us in the national legislature. That strong in the conviction of right, we call upon the electors
of the district, irrespective of former or present party attachment, who desire honest government,
to unite with us in an earnest, faithful effort to defeat the re-election of Gen. Garfield, and elect in
his stead an honest and reliable man.

The result of this expose was a majority for Mr. Garfield of twenty-nine hun-
dred and ninety-one votes less than the head of the Republican state ticket re-
ceived in the Nineteenth district. Garfield's majority was 3,569 less in his Con-
gressional district in 1876 than Hayes received in it for President.

an address to the republican voters of the nineteenth (ohio) con-
oressional district.

September 10, 1876.

Fellow Citizens : We who address you were appointed a committee for this pur-
pose by an independent convention of Republicans assembled for the purpose of
putting in nomination a suitable person as candidate for Congress in opposition to
James A. Garfield.

The cause which impelled the calling of that convention and inspired its action
are set forth in the resolutions by it adopted and printed herewith. To the indict-
ment contained in those resolutions and the evidence submitted in support thereof,
we respectfully call your attention and ask your candid consideration.

"We have no grievances. We never sought favors at Mr. Garfield's hands, and
have no personal quarrel with him. On the contrary we have been among his
warmest political friends and supporters and now only attack his acts and conduct
in public life and the character he has thereby attained.

It is easier to float with the tide than to row against it and we regret the neces-
sity that compels us to denounce him.

It is fitting that as true men we should seek the cause and remedy for this state
•of ruin and we look not far nor long. Corruption in office and want of wisdom
in legislation loom up before us. We review with pride our party history and
achievements, but we now see fraud in high places eating at its vitals. Its revenue
officers are found stealing and dividing with whisky rings. Its secretaries sell
post traderships. Its Congressmen raise their own salaries and make them retro-
active; take great fees for argument on pavement jobs before boards of their own
creation and pocket the dividends of great frauds like the Credit Mobilier. Cor-
ruption rides in $1,600 landaulets, purchased at government expense, and Con-
gressmen build palaces at the Capitol while the people toil and sweat under their
burdens — they forget that they are but the servants of the nation and act as if they
were its owners seeking to wring from it the greatest possible number of dollars
for their own purposes.

The Republican party has done much to purify itself within itself. Its Whisky

GARFIELD DENOUNCED BY REPUBLICANS OF HIS DISTRICT. 253

Ring Revenue officers are convicted and imprisoned, Belknap is deposed and im-
peached and only escapes conviction by a technicality. Its Salary Stealing,
Credit Mobilier, Pavement Jobbing Congressmen are mostly retired. James A.
Garfield remains. Richard C. Parsons, his compeer as a gi-eat patent pavement
lawyer nominated without opposition in a district Republican last year by 6,500
majority, was buried at the polls by Henry B. Payne, a Democrat, by 2,500
majority. The office-holders nominated him, but the brave, honest people rebuked
them.

James A. Garfield fell from 10,935 majority in 1872 to 2,526 majority in 1874.
" Oh, what a fall was there, my countrymen ! " Rebuked, shorn of character for
truth and integrity, all that is noble in manhood almost defeated, he stands a sad
and blackened monument of avarice and greed.

By the arts of the orator and demagogue, of which he is a consummate master,
he is striving and struggling and may postpone the day of his final doom, but he
bears upon his front the writing on the wall "mene, mene, tekel upharsin."

" Whom the gods would destroy they first make mad."

Forgetting his duty to his country and his constituents, in his haste to serve his
bond-holding masters, on the 13th of July, 1876, he committed himself to the de-
fense of that great fraud upon the people, the demonetization of the silver dollar,
and denounced its restoration as a "swindle on so vast a scale as to make the
achievement illustrious."

That speech, so weak in its logic and so damning in its political heresies, and so
ruinous to the high pretensions of statesmanship of its author, is suppressed by the
Republican editors of his district and is only to be found in the Congressional Rec-
ord. Holding post-offices and places of emolument at his will, they dare to raise
their voices only in his praise.

If the Republican party would survive, it must strike from its rolls the last dis-
honored name and select only honest, true and brave men to fill its high places.

Flaming oratory upon the horrors of Andersonville and Libby, and the disor-
dered condition of the South, are a poor compensation for want of integrity. The
fools who believe that anoflier great rebellion or payment of the rebel debt are im-
minent, are only found in the post-offices and lunatic asylums. The people know
better, and that cry of the demagogue to arouse their fears, that he may get their
votes, ought to be of no avail.

G. N. TUTTLE,
P. BOSWORTH,

H. H. HiNE, of Lake county.
J. A. GiDDiNGs, of Ashtabula*
D. E. DuRFEE, of Geauga.
L. D. Brown, of Portage.
A. YouMANS, of Trumbull.

254 GAKFIELD AGAINST THE SHIPBUILDERS OF NEW ENGLAND.

GAKFIELD AGAINST THE SHIPBUILDERS
OF NEW ENGLAND.

REVIVAL OF OUR COMMERCIAL MARINE — MR, GARFIELD SPEAKS AND VOTES

ADVERSELY.

On the 28th day of August, 1870, Mr. Lynch, of Maine, introduced a bill to re-
vive the navigation and commercial interests of the United States. This bill
premised that the late war had nearly destroyed the merchant marine of the
country, and that now {i. e. , 1870) it had no protection from foreign competition
as afforded to other great national interests and industries, and was therefore
steadily declining; that its restoration, constituting as it did one of the most ef-
ficient means of defense in time of war, was of great national importance and
necessary to the maintenance of our position as a first-class power, and therefore
enacting, in substance as follows:

That on all imported lumber, timber, hemp, manila and composition metal,
and iron and steel not advanced beyond rods, bars and bolts, plates, beams and
f orgings, used and wrought into the construction of steam or sail vessels built in
the United States, for any portion of such vessels, there should be allowed and
paid by the Secretary of the Treasury, a rebate or drawback equal to the duties
on such material, and that where American material should be used in the con-
struction of iron, steel, or composite vessels or steamers, there should be allowed
and paid an amount equivalent to the duties imposed on similar articles of for-
eign manufacture when imported.

The bill also provided that all ship stores and coal to be consumed by any ves-
sel on its voyage from any port of the United States to any foreign port might be
taken in whole packages in bond and disposed of for such purposes, free of im-
port and internal duty and tax.

In order to further encourage the restoration of our commercial supremacy on
the seas, the bill enacted that the owner of an American sail or steam vessel en-
gaged for more than six months in the year in the carrying trade between Ameri-
can and foreign ports, or between the ports of foreign countries, should, at the
€nd of each fiscal year, be paid by the collector of the port where registered, on
every sail vessel one dollar and fifty cents for each registered ton ; on every
steamer running to and from the ports of the North American provinces, one
dollar and fifty cents for each registered ton ; and on every steamer running to
and from any European port, four dollars per registered ton ; and on every steamer
running to and from all other foreign ports, three dollars each registered ton.
Also, that in lieu of all duties now imposed by law, a duty of thirty cents per ton
be imposed on all ships, vessels or steamers entered in the United States from
foreign ports, the receipts of vessels paying such tax being relieved from the tax

GARFIELD AGAINST THE SHIPBUILDERS OF NEW ENGLAND. 255

imposed by section 103 of the Act of June 30, 1864, and that vessels of all classes
trading regularly between ports of the United States and Mexico, and south of
Mexico down to and including Aspinwall and Panama and ports of the British
North American provinces, and with the West Indies, should not be required to
pay this tonnage more than once a year. The act to be in force ten years.

This bill was debated in the morning hour during a number of weeks, and sev-
eral amendments were offered to it.

On May 24, the bill had progressed so far that the pending question was on or-
dering the main question on its engrossment and third reading.

The yeas and nays were called and Mr. Garfield voted no, and the main
question was not ordered {Olobe, 41st Cong., 2d sess., 3708).

The vote was very full on this call, the motion failing by only 12 majority.

In the debates which followed, Mr. Lynch, finding the opposition m his own
party too great to justify any hope of its passage, so modified bis bill as to limit
its operations practically to the removal of duties from all imported material go-
ing into the manufacture of American ships.

It should be recollected that early in the Forty-first Congress, a special com-
mittee of the House had been instructed by resolution to devise some means for
the restoration of our perishing commercial marine, and that after patient and
diligent investigation a sub-committee, of which Mr. Lynch was chairman, had
reported this bill, and it had been fraternized by the special committee.

The bill as now modified by Mr. Lynch simply proposed to allow American
ship builders to import materials for ship building, and for ship supplies free of
duty.

Mr. Garfield, in opposing the bill, whether as originally offered or as modi-
fied, claimed that it gave great advantages to builders of ships for the coastwise
trade, which he held had not suffered except by the competition of railroads
(Mr. Garfield had some Credit MoUlier stock). He said this proposition would take
ten millions a year out of the treasury, and that it would not give any relief to
our ocean commerce. He contended that for the purposes of foreign trade it was
inadequate, and for purposes of the coastwise trade it was unnecessary, and
therefore he hoped it would be laid on the table {Olobe, ^Ist Gong., 2d sess., p^,.
3785, 3786).

On May 27th the bill being again under discussion, Mr. Allison moved to lay L
on the table. The motion was lost, but under a call for the yeas and nays Mt.
Garfield voted yea (Globe, 4:l8t Cong., 2d sess., p. 3862).

On the 31st of May the bill was variously amended and finally reached th©
stage where Mr. Allison called for the yeas and nays on ordering it to be en-
grossed and read a third time. The call was sustained, and the motion was lost,
Mr. Garfield voting no (Globe, 41st Cong,, 2d sess., p. 3958).

Mr. Maynard moved to reconsider the vote.

Mr. Allison moved to lay that motion on the table.

The motion was lost, Mr. Garfield voting yea (Globe, 2d sets., p. 3959).

The bill was then recommitted to the special committee, where it slept the sleep
that knows no waking.

266 GAKFIELD AGAINST THE DISTILLERS OF HIS OWN STATE^

GARFIELD AGAINST THE DISTILLERS OF
HIS OWN STATE.

On the 21st of January, 1878, Mr. Blackburn introduced a joint resolution (H.
R, No. 90) extending the time for the withdrawal of distilled spirits then in bond,
until July first of the same year. The resolution was referred to the Committee of
Ways and Means, and ordered to be printed.

At that time there was great agitation throughout the country on the subject of
the reduction of the tax on distilled spirits. The subject was pending in the
Committee of Ways and Means, and what their action would be was problem-
atical. Meantime persons interested in distilling spirits and holding spirits in
bond then under a limitation for one year, were in a disagreeable predicament. All
the whisky that had then been in bond for one year had to be drawn out from
month to month during the period of this agitation, with the prospect impending
of a reduction on the tax. The distiller who was thus forced to withdraw was
also compelled to pay a tax of 90 cents per gallon, with the market falling on him
in view of the anticipated reduction of the tax. In consequence he was require(?
to pay so heavy a tax, that it withdrew that amount of his capital to be bestowed
upon a product that he could not get a sale for. There was danger that a large
number of distillers, from whom the government was deriving a very large
part of its revenue, would go under in view of these conditions. The abstraction
of a large portion of the capital invested from this industry to pay the tax, had
the effect to cause many distilleries to stop running, and there was a prospect that
many more of the largest distilleries would have to suspend operations. The re-
duction in the production would be followed by a corresponding reduction in the
revenue receipts, and the receipts of the government were likely to be seriously
affected unless Congress passed the measure proposed at once.

The Commissioner of Internal Revenue foreseeing what was likely to occur,
actually drew up the resolution above referred to, and urged its immediate passage
as a measure of necessary relief.

Two days after its introduction it was placed on the House Calendar, and was
called up by Mr. Tucker of Virginia.

In the discussion which took place upon it Mr. Garfield said :

I appreciate all that the gentleman from Virginia [Mr. Tucker] has said in regard to the serious
effect upon the business of the country of any threatened change in our revenue laws. Such a
change always produces a very serious effect. What he has said on this pirticular resolution is but
one out of many examples of the serious effect produced when the manufacturers of the country
are in anticipation of some great and sweeping change, uncertain as yet but probable to come upon
their various interests. I think, however, that no wise or just consideration of revenue can prop-
erly take out one from the whole mass of our industries and give it exceptional advantages, as this
joint resolution proposes to give to the manufacturers of distilled spirits. If this joint resolution
be passed and is followed up by a reduction of the tax on whisky, that will amount substantially
to this : that all the whisky now in existence and the tax upon which it is suspended under the
operation of this joint resolution until the Ist of July next, will escape the present rate of taxation.

GARFIELD AGAINST THE DISTILLERS OF HIS OWN STATE. 25^

and will pay only the reduced rate when it comes. * * « There will be offered

when we come to the discussion under the five minutes' rule, an amendment which, if the House is
willing to adopt it. will settle all this at once. I believe rm ought not to redu<;ethe taxes at all., and,
therefore, we ought not to pass this resolution {Cong. Record, 45th Cong., 2d sess., p. 574).

Mr. Sayler caused to be read a letter from the Commissioner of Internal Revenue

advocating the passage of tho resolution, in which that official said :

The question of reducing the tax on spirits has already largely affected the withdrawal of spirits
for sale, and is seriously affecting the business interests involved. It occurs to me as a very proper
thing to do, pending the di-cussion of this question of reducing the tax, to give distillers the option
of allowing their products to remain in bond.

The resolution was debated at some length, and was again taken up on the 30th
of January. In the meantime various amendments had been submitted.

Mr. Banning submitted a telegram from distillers of Cincinnati paying $6,000,-
000 a year taxes on distilled spirits, urging the passage of the joint resolution.

A substitute was offered to strike out all after the enacting clause and insert in
lieu thereof, "that the reduction of the tax on distilled spirits is inexpedient."
This substitute was adopted, Mr. Garfield voting yea {Cong. Record, 4:0th
Cong. , 2d sess. , p. 680).

The resolution as amended was adopted.

258 GBNEBAL GARFIELD AND CHINESE IMMIGRATION.

GENERAL GARFIELD AND CHINESE
IM-MIGRATION.

On the subject of Chinese immigration, which is of such vital importance to

the people of the Pacific Coast, Garfield is as usual Janus-faced. His record as a

member of Congress is in direct conflict with his letter of acceptance. In his

letter of acceptance, dated July 12, General Garfield says :

The material interests of the country, the traditions of its settlement and the sentiments of our
people have led the government to offer the widest hospitality lo emigrants who seek our shores for
new and happier homes, willing to share the burdens as well as the benefits of our society, and
Intending that their posterity snail be an indistinguishable part of our population. The recent
movement of the Chinese to our Pacific coast partakes but little of the qualities of such an emigra-
tion, either in its purposes or its results. It is too much like an importation to be welcomed with-
out restriction; too much like an invasion to be looked upon without solicitude. We cannot con-
sent lo allow any form of servile labor to be introduced among us under the guise of immigration.
Recognizing the gravity of this subject, the present administration, supported by Congiess, had
sent to China a commission of distinguished citizens for the purpose of securing such a modilication
of the existing treaty as will prevent the evils likely to rise from the present situation. It is confi-
dently believed that these diplomatic negotiations will be successful, without .the loss of commer-
cial intercourse between the two powers, which promises a great increase of reciprocal trade and
the enlargement of our markets. Should these efforts fail, it will be the duty of Congress to miti-
gate the evils already felt and prevent their increase by such restrictions as without violence or injns-
tice will place upon a sure foundation the peace of our communities and the freedom and dignity
of labor.

Two letters of acceptance by General Garfield have been published; one of
them was printed — presumably before it was revised — July 11, in all the daily
papers of Ohio, and was dated July 10. In this one he says of Chinese immigra-
tion :

The question of Chinese immigration is a living and leading topic of the social and political
economy of the states of the Pacific. While, as a representative of an Ohio constituency I voted
against Chinese proscription, in response to a public sentiment that every representative should be
bound to respect, my views as a citizen of the Republic of States, are not compromised thereby. I
have given this subject much thought and careful investigation, and am convinced that a servile
race, emigrating to this country, not to become citizens, but merely for mercenary gain, should, in
accordance with the sentiment expressed in our platform, be restrained from landing upon our
shores or invading our territory. Nor can it be argued that citizenship is due the Chinese as much
as the children of the continent of Africa. The African makes this country his home. The Chinese
refuses either to become a citizen, or to assimilate himself into our social and political fabric.

On the 7th day of January, 1879, the Speaker laid before the House a letter from

the Secretary of State of Oregon, transmitting a memorial of the legislature of

that state relative to Chinese immigration, which was referred to the Committee

on Education and Labor. The petition was ordered to be printed in the Record,

and is in substance as follows :

The Legislative Assembly of Oregon represent that the continued immigration or importation of
Cooly slaves or Chinese laborers into that State is a violation of treaty stipulations, which provide
that such immigration shall be voluntary, an4i is a venj serious injury to the laboHng classes of the entire
Fadfic coast, by the reduction of wages to starvation prices; that such importation tends to drive
white and all other free labor out of our country, and ultimately compel all who s^ibsist by manuoT
labor to the alternative of thoosing between starvation, and crime. The petition also states that at
least 75 p. r cent, of all tne earnings of said Chinese, or Cooly, slave labor, instead of being in our
midst, is sent to China never to return, thus withdrawing the coin from our country and rapidly
diminishing our circulating medium, to the great injury of the best interest of the entire Pacific
«oast. That such labor does not contribute to the wealth and prosperity of the country by the acqui-

GENERAL GARFIELD AND CHINESE IMMIGRATION. 259

sition of property and the payment of taxes, but, by pauperism and crime, are a continual source of
expense to the country and municipalities of the Pacific coast states. That the Burlingame treaty
of 1868 has never been maintained on the part of China in accordance with its intent and meaning.
The right of migration and immigration which it recognizes was to be entirely voluntary, and to be
exercised in view of expatriation. That the Chinese have no right to be admitted under the circum-
stances under which they come— that is to say, in hordes and in a condition of semi-slavery, and
obligated to perform a term of servitude. That the privilege accorded to contracting parties was
upon condition that the immigration to either country by the subjects or citizens of the other should
be a voluntary act. That China has utterly failed to have this condition observed; therefore, the
memorialists pray Congress to modify the treaty referred to so as to stop the importation of Chi-
nese and other Asiatic laborers to the Pacific coast {Record, ^th Cong., M sess.,p. 361).

Immediately after the ratification of the Burlingame treaty between the United
States and China, the so-called Chinese Six Companies of California was organized
with a view to speculating in the labor of the Asiatic races. In a short time their
operations assumed majestic proportions, and a regular system of peonage, similar
to that now existing in Mexico, was established, the Six Companies enjoying the
profits of the contracts made with the coolies for a term of years. Thus in a few
years the labor system of the Pacific coast states was completely revolutionized ;
the Mongolian people, subsisting on a few cents a day, could starve American free
laborers and drive American competition entirely out of the field. This state of
things has produced its logical results in California, Oregon, Nevada, and the
Pacific coast territories, and is the source of the existing volcanic condition of labor
all along that coast to-day.

THE BILL TO RESTRICT CHINESE IMMIGRATION.

On the 14th of January, 1878, Mr. Wren, of Oregon, introduced a bill to restrict
the immigration of Chinese to the United States. This bill prohibited the master
of any vessel from taking on board at any port of China, or other foreign
port or place whatever, more than ten Chinese passengers with intent to bring
such passengers to the United States, or from bringing on any one voyage more
than ten such passengers within the jurisdiction of the United States, under
penalty, on conviction, of payment of one hundred dollars fine for each such pas-
senger in excess of ten, so brought within the jurisdiction of the United States,
with imprisonment six months, in the discretion of the court. The bill also pro-
vided penalties, imposed liens on the vessels violating the act, and subjected them
to libel in any competent court of the United States. It also prohibited our con-
suls in China from granting certificates for more than ten Chinese passengers on
any one vessel.

On the same day, in 1879, Mr. Willis, of Kentucky, reported this bill back to

the House from the Committee on Education and Labor, with amendments, and

it was ordered to be printed and made the special order for the 28th of January.

On the day named, Mr. Willis called up the bill for consideration, and it was read.

After some preliminary skirmishing, the report of the committee on the bill was

read. The report discusses the question whether it is in the power of Congress to

repeal a treaty ; dealt with the obnoxious features of the Burlingame compact, and

the evils complained of under them, and concluded in the following language :

" That these complaints are not without cause cannot, upon the evidence, be doubted. Your
Committee, in a report accompanying joint resolution, H. R.'i\o. 12;j, at the second ^session of this
Congress, endeavored to present what seemed to them some insuperable objections to Chinese im-

migration. Further examination of facts only confirms the* conclusions therein stated. This whole

There is
ca or any
sources and extent of immigration should be regulated and controlled with reference to our own

question is not one of right, but of policy. There is no principle upon which we are compelled to
receive into our midst the natives of Asia, Africa or any other part of the world. The character.

wants and welfare. The difficult problems, economic and political, resulting from the i)resencc of
the red and black races would be renewed in a more aggravated and dangerous form by the yellow
race. The Mongolian, unlike the Indian, is brought in daily contact with our social and political
life; and, unlike the African, does not surrender any of his marked peculiarities by reason of that
contact. It is neither possible nor desirable for two races as distinct as the Caucasian and Mongo-
lian to live under the same government without assimilation. The degradation or slavery of one or
the other would be the inevitable result. Homogeneity of ideas, and of physical and social habits.

260 GENERAL GARFIELD AND CHINESE IMMIGRATION.

are esBential to national harmony and progress. Ecjually grave objections may be urged against the
Chinese from an industrial standpoint. Our laboring people cannot and ought not to be subjected
to a comj)etition which involves the surrender of the sacred and elevating influences of home and
the sacrifice of the ordinary appli inces of personal civilization. The question, therefore, is not one
of competition, but of a substitution of one kind of labor for another. "

No self governing country can afford to diminish or destroy the dignity, the welfare and inde-
pendence of its citizens. Justice to the people of the Pacific Slope, the dictates of common hu-
manity and benevolence, as well as the plainest suggestions of practical statesmanship, all demand
that the problem of Chinese immigration shall be solved while it is yet within the legislative control.
"Governed by these views, your committee present and recommend the passage of the bill ac-
companying this report."

The bill was then debated, and the amendments considered and agreed to, and
the question recurring on engrossing and third reading, Mr. Garfield proposed an
amendment to prevent the bill from going into etlect until the Chinese empire
be apprised of the termination of the treaty. Mr. Garfield characterized the bill
as one merely for party capital.

The amendment was declared to be out of order.

The motion to engross and pass to a third reading was agreed to, and it was
read a third time. On its passage, under a call of the yeas and nays, Gen. Gar.
FIELD DODGED. It was passcd, however, by 155 yeas to 73 nays {Record^ 45t7i,
Cong., Msess., p. 801).

The Senate considered and passed the bill on the 15th of February, and it came
back to the House with amendments.

Mr. Willis moved to take it from the Speaker's table and concur in the Senate amendments.
This was agreed to.

Mr. Garfield: I reserve the right to demand separate votes on the amendments.

The previous question was seconded and the main question ordered.

Mr. Willis moved to reconsider the vote by which the main question was ordered, and also
moved that the motion to reconsider be laid on the table.

This motion was agreed to.

Mr. Garfield: I call for separate votes on each amendment of the Senate.

A motion was made to lay the bill and amendments on the table. This motion was lost by 95
yeas and 140 nays. Mr. Garfield voted yea {Record, 45t/i. Cong., M set/s.jj). 1796).

The Senate amendmeuts were then concurred in.

The bill then went to the President, who, on the 1st day of March, returned it
to the House unapproved and accompanied by a veto message. After the mes.
sage was read, the question was, "Will the House, on reconsideration, pass this
bill, notwithstanding the objection of the President ? The yeas and nays were
ordered, and the result was yeas 110, nays 96. Two thirds not voting in the af-
firmative, under the constitutional provision the bill stood rejected. Gen. Gar-
field TOTED NAY {Recoi'd, AWi Coug., M ness., p. 2277), thus clenching his
opposition to the passage of the bill, and illustrating his disrespect for the dignity
and humanity of American labor, his contempt for the working man of his own
race, and his willingness to force white American free laborers into competition
for their daily bread with a race that knows no God, no morality and no obliga-
tions of social decency.

MR. GARFIELD IS THE EXPONENT OF HIS PARTY ON THE CHINESE QUESTION.

It is plain from the foregoing, that the administration of Mr. Hayes and the
Republican party of the United States, stand squarely upon the doctrine enun-
ciated in the votes 'of Mr. Garfield in the House upon the bill to restrict
Chinese immigration. This is plainly demonstrable from the tone of the veto
message of Mr. Hayes, who in it speaks for the party that made him President
by monstrous fraud. Mr. Hayes in his veto message says:

A denunciation of a treaty by any government is, confessedly, justifiable only upon some reason
both of the highest justice and of the nighest necessity. * * * As the power of

modifying an existing treaty, whether by adding or striking out provisions, is a part of the treaty
making power under the Constitution, its exercise is not competent for Congress, nor would the
assent of China to this partial abrogation of the treaty make the action of Congress, in thus pro-
curing an amendment of a treaty, a comi)etent exercise of authority under the Constitution. The
importance, however, of this special consideration seems superseded by the principle that a denun-
ciation of a part of a treaty, not made by the terms of the treaty itself separable from the rest, is a

GENERAL GARFIELD AND CHINESE IMMIGRATION. 261

denunciation of the whole treaty. As the other hia;h contracting party has entered into no treaty-
obligations, except such as include the part denounced, the denunciation by one party of the part,
necessarily liberates the oth'-r party from the whole treaty.

I am convinced that, whatever urgencjr mi^ht, in any quarter or by any interest, be supposed to
require an instant suppression of further immigration from Chin\, no reasons can require the im-
mediate withdrawal of our treaty protection of the Chinese already in this country, aud no circum-
stances can tolerate an exposure of our citizens in China, mercbants or missionaries, to the conse-
quences of so sudden an abrogation of their treaty jjroteetion.^s. Fartnnattly, however, the actual
recession in the flow of ike emigration from China to the Pacific coast, shown by trustworthy statis-
tics, relieves us from any apprehension that the treatment of the subject in the proper course of diplo-
matic negotiations will introduce any new featurss of discontent or disturbance amonj the com-
munities directly affected. Were such delay fraught with more inconveniences than hare ever been-
suggested by the interests ?nost earnest in promoting this legislation, I cannot but regard the summary
disturbance of our existing treaties with China as greatly more inconvenient to much wider ana
more permanent interests of the country.

It is rendered still plainer when shown as below, that the great apostle of the
Republican party, the man who maintained to the day of his death absolute leader-
ship of the Republican organization, and who, when he spoke, never failed to
indicate the line of political procedure for the party; gave utterance to senti-
ments so pronounced in advocacy of the promiscuous influx of Chinese on our
shores, as to shock the moral sense of every enlightened American.

HON. OLIVER p. MORTON

was chairman of a joint select committee of the two Houses, to investigate the
Chinese question, appointed in 187G, and which during the summer of that j^ear
sat at the Palace hotel in San Francisco long enough to compile a volume of
testimony making 1,281 printed octavo pages. This testimony was presented to
the Senate by Mr. Sargent, one of its members, on the 27th of February, 1877.
Mr. Sargent made the report on account of the then illness of Senator Morton^
who subsequently gave notice that he would at a future day submit some re-
marks to the Senate on the Chinese question. He did not live long enough to
realize the intention indicated in person ; but he left behind him the written
manuscript on that subject which he had prepared, and which was, on the 17tli
of January, 1878, referred to the Senate Committee on Foreign Relations, and
ordered to be printed to accompany the report which had been made by Mr.
Sargent, his colleague on the committee. Thus the views of that chief apostle
of the Republican party speak to-day to the people of California and the country
as from the grave.

The pamphlet quoted from is Senate Miscellaneous Document No. 20, 2d ses-
sion, Forty fourth Congress, and is entitled

"VIEWS OP THE LATE OLIVER P. MORTON

on the character, extent and effect of Chinese immigration to the United States."

In this document, Mr. Morton starts out with the doctrine that :

A cardinal principle in our government, proclaimed in tbe Declaration of Independence, in the
Articles of Confederation, and recognized by our Constitution, is, that our country is open to
immigrants from all parts of the world; that it was to be the asylum of the oppressed and unfor-
tunate. It is true that when the government was formed, and for nearly three-quarters of a cen-
tury, no immigration was contemplated except from nations composed of white people; but the
principles upon which we professed to act, and the invitation we extended to the world, cannof
and ought not to be limited or controlled by race or color, nor by the character of the civilization of
the countries from which immigrants may come. Among the natit)ns of Europe, civilization widely
varies, conflicting in many important particulars, and differing greatly in degree. Nor should the
operation of these principles be limited on account of the religious faith of nations. Absolute relig-
ious toleration was regarded by our fathers as of vital importance. Kot only were the different
sects of Christians to be tolerated, but the deists, atheists, the Mahommedan and the Buddhist were
to be free to express and enjoy their opinions.

Further along Mr. Morton discourses thus :

As to all other rights of foreigners coming to our shores to work, to trade, or to live and acquire
property, we have never made any distinction. To do that now would be a great innovation upon
the policy and traditions of the government, and would be along step in the denial of the broth-
erhood of man and the broad, humanitarian policy inaugurated hy onr fathers.

The limitation of the right to become naturalized to white persons was placed in the law when
elavery was a controlling influence in our government, was maintained by the power of that insti

262 GENERAL GARFIELD AND CHINESE IMMIGRATION.

tution, and is now retained bj'the lingering prejudices growing out of It. After having abolished
slavery and by amendments to our Constitution and the enactments of various statutes establish-
ing the equal civil and political rights of all men, without regard to race or color, and, at a time
when we are endeavoring to overcome the prejudices of education and of race, and to secure to
colored men the equal enjoyment of their rights, it would be inconsistent and unsound policy to
renew and reassert the prejudices against race, and another form of civilization by excluding the
coppcr-colond people of Asia from our shores. It would be again to recognize the distinctions of
race anil to establish a new governmental policy upon the basis of color and a different form of
civilization and religion. In California the antipathy to the Mongolian race is equal to that which
wiis formerly entertained in the older states against the negro; and although the reasons given for
this antipithy are nor, the same, and the circumstancess of its exhibition are different, still, it be-
longs to the family of antipathies springing from race and religion.

TENDER CONSIDERATION FOR THE HEATHEN CHINEE.

As Americans, standing upon t'lo great doctrine to which I have referred, and seeking to edu-
cate the masses into their belief, and charged with the administration of the laws by which equal
rights and protection shall be extended to all races and conditions, we cannot now safely take a
new departure, which, in another form, shall resurrect and re-establish those odious distinctions
of race which brought npon us the late civii war, and from which we fondly hoped that God in his
providence had delivered us forever. If the Chinese in California were white people, being in all
other iesj)ects what they are, I do not believe that the complaints and warfare made against them
would have existed to any considerable extent. Their difference in color, dress, manners, and re-
ligion hiive, in my judgment, more to do with this hostility than their alleged vices or any actual
injury to the white people of California. The inquiry which the committee were instructed to make
does not involve the political rights or privileges of the Chinese. As the law stands, they cannot
be naturalized and become citizens; and I do not know that any movement or proposition has been
made in any quarter recently to change the law. But the question is, whether they shall be per-
mitted to come to our country to work, to engage in trade, to acquire property, or to follow any
pursuit.

But before entering upon the discussion of any other principles, I may be permitted to observe
that, ni my judgment, the Chinese cannot be protected in the Pacific States while remaining in their
alien condition. Without representation in the legislature or Congress, ^oithout a voice in the selec-
tion of officers, and surrounded by fierce and, in many rettpects, unscrupulous enemies, the law will
be f oh na insufficient to screen themfrom persecution. Complete protection can be given them only by
allowing them to become citizens and acquire the right of suffrage, when tJmr votes would becmne im'
2X>7-tani in elections, and their persecutions, in great part, converted into kindly solicitatian.

Bul ia liis solicitude for injecting this race of Joss worsliippers, among Ameri-
cans, and malting tliem citizens, Mr. Morton betrays his adherence to another pet
Kcpublican dogma, to wit: That of undeviating liostility to American commerce,
and an anxiety and fear that, by restricting tlie exodus of Chinese from their na-
tive shores, we shall interfere seriously with the dominancy of the British carry
ing trade. In this connection he says :

TENDER CONSIDERATION FOR BRITISH COMMERCE.

In considering any proposition to prohibit Chinese immigration, or to limit it, wo must bear in
mind the fact, fully established by the evidence, that the Chinese landing upon our Pacific coast
come entirely from the British port of Hong Kong. Though subjects of the Chinese Empire, they
embark at a British port, and in that respect are invested with the rights of British subjects, and
in any legislation or ireaty by which we would propose to limit or forbid the landing upon our
shores, of Chinamen, or any other class of people embarking at a British port, we must deal with
the British Government, and not that of China. With the laws of England, or the marine regula-
tions by which the people of China are permitted to enter a British province and to embark from a
British port, we have nothing whatever to do: but it is quite clear that any legislation of ours
which would interfere with the landing upon our shores of any class of people embarking at a
British i)ort, whether they be Chinese or Japanese subjects, would be an interference with the
trade and commerce of that port. It may be an important commercial matter to Great Britain
that the port of Hong Kong shall be open to the reception of people from China or any other part
of the world who propose to emigrate to the United States or any other country, and if we cut off
such emigration, in whole or in part, it is not an.. iterference with the Government of China, for
which we should answer to that government, but with the Government of England. Our refusal
to permit a Chinaman to bind, who had embarked at a British port npon a British vessel, would
certainly be a question with the English government, ana not with that of China.

THE HEATHEN CHINEE AS GOOD AS ANYBODY.

The following excerpts from this interesting pamphlet will give the intelligent
reader an idea of Mr. Morton's honest opinion of the moral and religious condi-
tion and capacities for equal citizenship with Americans the race of men
whom he was willing to make voters, and to endow with every other right now
possessed by the American people :

The intellectual stagnation in China is the result of their institutions. The minds of men have
been diverted from science and the arts lo the endless ceremonies and ritual of innumerable gods.
It was said long ago that " no people can rise above the plane of the gods they worship"; and
Chinese civilization long ago rose to the level of the gieods.

GENERAL GARFIELD AND CHINESE IMMIGRATION. 263

Nearly all of them upon their arrival become members of one or the other of the Six Companies
in San Francisco, for which they pay an initiation fee, and through that they do their businesf,
make their contracts for labor, make remittances to China, deposit their money, and make arrange-
ments for the return of their bones to China, should they die.

************ +

A few families have come, bnt nearly all the men are unmarried. About five thousand Chinese
women have come, the most of them prostitutes, imported by procurers, who manage and dispose
of them on their arrival.

A vice to which they are peculiarly addicted is gambling. This they carry on extensively.

* * * ** * * * * * * * :|c

A common vice with them is perjury in the courts. The testimony shows them in many in-
stances to hiive very imperfect conceptions of the obligations of an onth. They are in every respect
free men. and no form or semblance of slavery or serfdom uxisits among them. But it is also true that
their prostitutes are imported as slaves, and are often bought and sold for that purpose; in San
Francisco. It is, of course, a vohmtary bondage in this country, but it is submitted to by the miser-
able beings, who are helpless and defenseless among strangers, and must submit to the will of their
masters for the mere matter of existence. In manj' cases Chinamen who buy them live with them
as wives and raise families. Labor must needs be free, and have complete protection, and be left
■open to compeiitiou. Labor does not require that a price shall be fixed by the law, or thatmen
who live cheaply, and can work for lower wages, shall for that reason, be kept out of the country

BAYARD TAYLOR'S TESTIMONY.

But the testimony of another distinguished Republican politician, scholar and
political writer may also be given, to show the character and moral attributes of
a race whom Mr. Morton and the Republican party were willing to see placed on
an absolutely political and social equality with American citizens.

Mr. Bayard Taylor, lately deceased, at the time of his death American Minister

at the German Empire, in his work on India, China and Japan, published in

1855, says :

"It is my deliberate opinion that the Chinese are, morally, the most debased people on the face
of the earth. Forms of vice, which in other countries are barely named, are, in China, so common
that they excite no comment among the natives. They constitute the surface-level, and below them
are deeps of depravity so shocking and horrible that their character cannot even be hinted. There
are some dark sliadows in human nature which we naturally shrink from penetrating, and I made
no attempt to collect information of this kind : but there was enough in the things which I could
not avoid seeing and hearing— which are brought almost daily to the notice of every foreign resi-
dent—to inspire me with a powerful aversion to the Chinese race. Their touch is pollution ; and,
harsh as the oj)inion may Si^'cm, justice to our own race demands that they should not t)e aUoived to
settle on our soil. Science may have lost something, but mankind has gained, by the exclusive pol-
icy which has governed China during the past centuries.'"

All the above is Republican testimony ; and it was to impose upon the millions
of American citizens who have their homes on the Pacific coast the infliction of
a people such as is described and testified to in the extracts made, that General
Garfield consented, when he voted against Mr. Wren's bill ; that Mr. Hayes
consented, when he vetoed that bill ; and that the Republican party of the United
States, including Mr. Garfield, consented, when it sustained that veto in the
Bouse of Representatives.

264 MK. Garfield's opposition to foreigners.

DUTY 01 PRINTIIG PAPER.

On tli.e 3d day of March, 1865. Mr. Gar'icld voted in favor of increasing the
duty on printing paper from three to fifteen per cent, ad valorem. The bill, as it
passed the House, fixed the duty on paper used exclusively for hooks and newspapers
at three per cent. When the bill went to the Senate the following amendment
was adopted :

" There shall be levied, collected and paid, a duty of fifteen percent, ad
valorem."

Mr. Washburnemo^ed to concur in the Senate amendment, and demanded the
previous question.

Mr. Holman called for the yeas and nays, and the question was decided iu the
negative — yeas 53, nays 67. Mr. Gakfielo recording his vote in the affirmative.

Thereupon Mr. Farnsworth moved to lay the amendment on the table, and on a
call of the yeas and nays the motion was lost — yeas 46, nays 63.

Again Mr. Garfield stood by the monopolists by voting nay {Cong. Olohe, 38^/i
Cong. , 2d sess. , p. ).

MR. GARFIELD'S OPPOSITION TO FOREIGNERS.

On the 8th of March, 1867, at the first session of the Fortieth Congress, Mr.
Fernando Wood asked unanimous consent to offer the following resolution :

Resolved, That this House extends its sympathy to the people of [reland in
their pending struggle for constitutional liberty. If the despotic governments of
Europe shall be allowed to establ'sh monarchical institutions in America, so
should the United States foster and promote the extension of republican institu-
tions in Europe.

Mr Broomall (Rep.) objected. The motion was then to suspend the rules to-
enable the resolution to pass. The question was taken, and there were 104 yeas
and 14 nays. Thirteen of tho.se who voted nay were Republicans, and James A.
Garfield was one of that number.

In the Congressional Olobe, April 17, 1871, first session, part 2, page 735, will
be found tlie following:

Mr. Kinsella: 1 move a suspension of the rules and the adoption of the follow-
ing resolution, which I send to the desk.

Wliereas, a conference is now being held between joint high commissioners
representing the government of the United States and that of Great Britain;
and,

Whereas, it is expected and desired that the several questions which keep up-
unkind feeling between the people of the respective countries shall be settled
through the labors of such joint high commissions; and

Whereas, the prolonged incarceration in the prisons of the Dominion of Can-
ada of persons accused of violating the neutrality laws is a source of irritation
to a large number of American citizens; therefore.

Resolved, That the President of the United States be respectfully requested to
have the case of such persons presented before such joint high commission, to
the end that their release may be effected.

James A. Garfield objected, and voted against the passage of this strictly just
resolution, showing thereby his hatred not alone of the unfortunate Fenian pris-
oners referred to in the resolution, who were confined in Canadian dungeons-
for more than five years, but of the whole Celtic race.

GENERAL GARFIELD'S RELIGIOUS INTOLERANCE. 265

GENERAL GARFIELD'S RELIGIOUS INTOLERANCE.

The Sundry Civil Appropriation Bill of first session, Forty-tliird Congress,
came back from tlie Senate to the House, with a number of amendments, among
which was one giving the sum of $25,000 to a Catholic Institution in Washington,
called "The Little Sisters of the Poor."

Mr. Garfield opposed the appropriation, because it was to aid an association
strictly sectarian. He said that no woman not a Catholic could be a corporator
in this charity.

Mr. Butler, of Mass., m^ide the point that there could not be a Catholic in the
Women's Christian Association of Washington, a Protestant organization, for
which a similar amount had been appropriated.

Mr. Garfield, said:

The associaiion known as the " Woucn's Christian Association,'" does not as such belong to any-
church. The members of tliat corporation are from various churclies. But here is an association
whose very title, " Little SifeCers of the Poor," is, as I understand, descriptive of an order within
the Catholic Church. Here is an organization composed exclusively of peoi)le of one religious de-
nomination. Under its charier the members are wholly and only of one religious sect, and of one
society within that religious "vet.

After brief debate in "vhich Messrs. Hoar and Butler, of Mass. ; Cessna, of Pa. ;
and Parker, of Missouri, took ground in favor of the appropriation, the amend-
ment was agreed to notwithstanding the opposition of Mr. Garfield {see
Hecord, 4Sd Cong., Isi iras., p. 5584).

566 CIVIL TENURE — IMPEACHMENT.

CIYIL TENURE-IMPEACHMENT.

Mr. Garfield first voted against the impeachment of Andrew Johnson, but after-
wards repented, and became a furious advocate of impeachment. He had sup-
ported the Tenure-of Office Act of March 2, 1867, and held that Andrew John-
son deserved to be impeached and turned out of the presidential oflEice for violat-
ing that law in removing Edwin M. Stanton, and appointing Lorenzo Thomas to
serve in his place, as Secretary of War. For seventy-five years the Presidents of
the United States had exercised the power of appointing and removing the mem-
bers of their Cabinets, and subordinate executive and ministerial oflicers. This
power was conferred by the Constitution, and had always been so recognized by
Congress. But when the llepublican majority in the Thirty-ninth Congress dis-
covered that Andrew Johnson was opposed to the policy of perpetuating disunion
by keeping the states of the South in subjection to the will of lawless military up-
starts, it was proposed to strip the President of all power to aid in restoring and
upholding constitutional government. The Tenure-of-Office Act was the first
attempt in this direction. It was designed to prevent the removal, by the Presi-
dent, of any officer, for any cause, who was devoted to the scheme of perpetuat-
ing the ascendancy of the Republican party.

The best legal minds of the country regarded that law as unconstitutional. The
Attorney-General of the United States at the time so regarded it. Even Edwin
M. Stanton, the Secretary of War, and a member of Mr. Johnson's Cabinet at the
time the act was passed advised Mr. Johnson that it was unconstitutional, and
that it was his duty to veto it. President Johnson having made the removal,
solemnly declared, in a message to the Senate, that his object was to place the
question in such shape that it could be submitted to the courts for decision. If
Mr. Johnson can be blamed at all in the matter of this removal of Stanton, it is
that he delayed it too long; but his desire to submit the question thus raised to
judicial determination, deserves the applause of every honest citizen.

Mr. Garfield trimmed his sails to the wind very closely in discussing civil^
tenure and impeachment. Of course, he would not have favored the impeach-
ment of Johnson, if the then acting Vice-President Imd been a Democrat. The ob-
ject of that stupendous farce was to place Ben Wade in the White Hous", and
turn over to the Radical party all the offices of the country, and the whole power
of every department of the government. Mr. Garfield found it convenient to
abandon, for the time being, his cherished doctrine that Ihe administration was
tlie government. To sustain impeachment it was necessary to set up the theory
that Congress was the government, whose supreme will Mr. Johnson had not recog-
jiized with the alacrity required by the Republican managers.

CIVIL TENURE.

Mr. Butler introduced a bill (H. R. No. 8), to repeal the act of March 3d, 1867,

CIVIL TENURE IMPEACHMENT. 2(J7

entitled " An Act Regulating the Tenure of Certain Civil Officers." The bill was
passed without debate under the operation of the previous question, and on the
call of yeas and nays on its passage, Mb.. Garfield dodged (Globe, 41st. Cong.,
Istsess., p. 40). The bill went to the Senate, where various propositions were
made, all of which finally resolved themselves into the passage, by that body, of
a substitute, to amend the Civil Tenure Act, by repealing the first and second
sections, and substituting in their place two sections of the following purport :

1st. That every person holding any civil office, or to which he may hereafter
be appointed by and with the advice and consent of the Senate, shall be entitled
to hold such office during the term for which he shall have been appointed, unless
sooner removed by and with the advice and consent of the Senate, &c.

2nd, Giving the President power during any recess of the Senate to suspend
any civil officer, (except judges of the United States Courts,) until the end of the
next session of the Senate, and to designate some one to perform the duties of
such suspended officer in the meantime ; and thirty days after the coihmencement
of each session of the Senate to nominate persons to fill all vacancies in office
which existed at the meeting of the Senate, whether temporarily filled or not, -and
also in the place of all officers suspended, and in case of the refusal of the Senate
to advise and consent to an appointment in place of any suspended officer, then,
and not otherwise, the President was given power to nominate another person for
the place of the officer so suspended.

WANTED TO REPEAL THE LAW FOR GRANT'S BENEFIT.

The Civil Tenure Act passed in 1867, for the purpose of preventing Andrew
Johnson from exercising the Presidental prerogative to remove obnoxious persons
irom office, became a plague to the Tladical Congress on the accession of Ulysses
S. Grant to the Presidency. Such interference with the Executive power as had
compelled President Johnson to retain in office, even Cabinet officers who were
constantly plotting with his enemies for his overthrow, was at once deemed by
the Radical House entirely too unjust to be exercised against Ulysses S. Grant ;
so the House, under B. F. Butler's domination, made haste to restore to Grant the
prerogative they had torn by unconstitutional legislation from Mr. Johnson.

THE SENATE WANTED TO HOLD ON TO ITS POWER.

But the Senate having experienced the advantage of being able to dictate not only
Executive appointments, but also Executive removals, was not willing to yield it
up even to gratify their idol, President Grant. Hence the amendment of that
l3ody to the repeal measure of the House, whereby the Senate made it possible for
«,ny officer of the Federal government, howsoever unworthy, corrupt or dis-
honest, to stay in office so long as he might hold sufficient influence with the
Senate to retain him. The Senate amendment went back to the House, and on
the 25th of March Mr. Butler called it up from the Speaker's table, and moved to
refer it to the Judiciary Committee. During the debate which followed this
motion Mr. Butler used this language :

In other words we have now before us a proposition to clothe the Senate with power to control
the appointments made by the executive. >t0\v, 1 hold that it is against the principles of this gov-
ernment and against the theory of our constitniion, that the executive officer of this government
shall be called upon to do work when he cannot control, independent of everybody else, the ap-
pointments of the officers to do that work.

Wliy you put in a Collector of Internal Revenue and ask him to collect the taxes; and he cannot
•do so. because there is a power over him keeping unfit men in office, or giving theni encourage-
ment that they wil. be retained in office. President Grant, the Secretary of the Treasury, the Com-
missioner of Internal Revenue, cannot, while thus hampered, collect your taxes and execute your
laws. Let us see where we are. The moment suspension takes place*, then comes a quarrel, then
comes a struggle in every district in the United States, between the man wlio has been removed
and who hopes to get back and the man who has been appointed and who hopes to retain his place.

268 CIVIL TENURE IMPEACHMENT.

The struggle thus inaugurated will go on in every district for six or nine months, the effort being
to see which can bring the strongest influence to bear upon the Senate.

Mr. Butler who had impeached Andrew Johnson, in 1807, mainly because he
had resisted the operation of a law so evil in its operations, had come to think in
1869, what he embodied in the words above quoted. At all events, the iSenate
amendment went to the committee, of which Mr. Butler, was chairman.

Mr. Garfield under the call of the yeas and nays voted no.

Mr. Butler entered a motion to reconsider, and then the House adjourned.

The next day (March 2Gth), Mr. Butler called up his motion to reconsider ths
vote by which the bill had been referred to the Judiciary Committee, his an-
nounct d reason being a purpose to see if an amendment could not be made which
would cover the points of difference of the two Houses on it.

GARFIELD STANDS BY THE SENATE.

In the discussion which followed this motion, Mr. Garfield got the floor, and

in the course of his remarks said :

I repeat that the whole impeachmeut trial was based on the proposition that the President alone
did not posse>«s the power of appointment or removal of any officer to whose appointment the con-
sent of the Senate was necessary. * * * rpij^ w^^xd article of impeachment
which was voted for by the gcHtlemen from Massachusetts, charged directly tliar the President had
attempted to appoint and remove without consent of the Senate while that body was in session.
* * * Now, Mr. Speaker, this subject was argued very elaborately in this House,
and still more elaborately before the J?enate, and this was the ground on which we planted our
cause, that the power of removal except by impeachment is not conferred in expiess terms either
upon the President or the Senate, but that it is incident to the power of appointment and that a
man is removed from oflice, except in cases of impeachment only by the appointment of his suc-
cessor, by and with the advice and content of the Senate, the appointment so made and so con-
firmed incidentally working a removal. * * * But as I said before, never by
my vote shall Congress give up the constitutional principle, and allow to any one man. be he an
angel froin heaven, the absolute and sole control of appointments to nnd removals from oflice in
this country. No feeling of pride that I belong to the House of Representatives and must there-
fore restrain the power of the Senate, shall keep me irom doing this great act of justice and leav-
ing upon the statute book the substantial principle of this law. * * * j ^\y^\i
vote against all measures to delay or seriously to modify this bill. I shall vote against non-concur-
rence. I shall vote to concur ija the bill as it comes to us from the Senate {Globe Fortieth (Jong., Hd
«m.,;;i;. 315,316, 317).

Mr. Garfield thus placed on the record his indorsement of the unconstitu-
tional principle, which was nothing less than an usurpation by the legislative
power of the Executive prerogative to remove Federal officers for cause without
COE suiting the Senate.

A CONSERVATIVE REPUBLICANS VIEWS.

Mr. Blair, of Michigan, who was a member of the same political party as Mr,

Garfield took exactly opposite ground. In the course of his remarks, Mr. Blair,

said :

I thank the gentleman from New York (Mr. Davis), for calling the attention of the House to
the fact that for the flrst time in the government of the United States, the aristocratic branch of
the government has asserted its power in an amendment to an act which we have given them to
have a voice in all removals from office. It says that the President of the United States shall not
remc ve except by and with the advice and consent of the Senate, and for that amendment they
ask us to vote. There is the whole question. They ask us to say here to day for the first time un-
der this government, no removals snail be made except by and with the advice and consent of the
Senate. * * * I say that I shall vote for no bill of the sort. * * *

I remember that while we come directly from the people with our commission from them, and
while the President comes directly from the people and brings his commission from them, the body
which sits at the other end of the Capitol does not come directly from the people, but from the legis-
latures of the states, and I shall resist as much as I can their getting this power into their hands.

After further debate, the motion to reconsider was agreed to, and the bill was
taken up. And on the question to non concur in the Senate amendment to the
bill, Mr. Garfield on a call of the yeas and nays, voted yea. So the amend-
ment was non concurred in. General Garfield stood up all the way through
by voice and vote, in favor of concurrence in a proposition so glaringly and
monstrously an act of usurpation and tyranny, that even Ben Butler, and Blair of
Michigan, denounced it in the unmeasured terms above quoted.

GENERAL C. A. AKTHUK S CIVIL RECORD. 269

GENERAL C. A. ARTHUR'S CiYlL RECORD.

Gen. Chester A. Arthur succeeded Thomas Marphy. Grant's old pet, as Col-
lector of Customs of the Port of New York, December 21, 1871. Murphy was
forced to resign by the pressure of the entire mercantile community of New
York, who were outraged by his mal-administration of the custom-house.
Gen, Arthur is the political creature of lioscoe Conkling. The Senator from
New York ruled the Republican party of New York State with a rod of iron
during Grant's administration. He' controlled absolutely the vast patronage of
the Federal government in the Empire State, and with the power of a despot
rewarded his friends and punished his enemies. The New York custom-house
is the heart of the Republican machine in New York State, from which vast
arteries, like the blood channels in the human body, extend to the remotest sec-
tions of the commonwealth. The selection of Gen. Arthur as Collector of Cus-
toms made him Mr. Conkling's political lieutenant.

The expenditures annually in the custom-house during Gen. Arthur's eight
years service as collector averaged $2,500,000. Tliere were employed in the
custom-house during the greater part of his term of office 1,036 regular clerks,
exclusive of the appraiser's department, consisting of deputies, clerks, inspectors,
weigliers and guagers. The immense political power exerted by this band of
organized politicians can readily be imagined.

Of the character of Gen. Arthur's administration nothing can be learned,
.except from reports of Republican officials and commissions appointed by the
Treasury Department to investigate the custom-house. The fitness of the
Republican candidate for vice-president for election to the second highest posi-
tion in the land can only be determined by the testimony of his own party asso-
ciates. Those records are amply sufficient to prove his unworthiness for the liigh
position he has been nominated for. The citizen who was removed from an
administrative office by tlie de facto President and Senate of the United States for
his faithlessness and incapacity should not be elected to the highest post of legis-
lative honor under the government.

INVESTIGATIONS QF THE CUSTOM-HOUSE.

In 1870 and 1871 the Joint Committee of Congress on investigation and re-
trenchment investigated the New York Custom-Housc. Abuses of sucli magni-
tude were found to exist there that Collector Grinnell was removed and Murphy
was installed in his place. The abuses grew under Murphy, and Arthur assumed
the reins. When Murphy resigned, Grant eulogized him. Early in 1877 the
Jay Commission, consisting of John Jay; Lawrence Turnure and J. II. Robin-
son, was appointed to investigate the New York custom-house. Nearly 70 per
■cent, of the customs revenues are collected at that port, and since 1872, the year
following Mr. Arthur's appointment as collector, the receipts from customs had

270

GENERAL C. A. ARTHUR 8 CIVIL RECORD.

Steadily decreased, while the expenses of collection, with the exception of one;
year, had constantly increased. The following statement, taken from a letter of
Secretary Sherman to William A. Wheeler, Jan. 15, 1879, shows the receipts and
expenditures alluded to above :

Year.

Receipts.

Expenditures.

1872

$148,381,446
126.824,900

10,972,062
108,590,256
101,745,268

91,056,962

$2,301,496
2,373,305
2 466 192

1873

18t4

1875

2,668,159'
2,516,309
2,306,226-

1876 •.

1877

Note.— In 1876 there was a reduction of 10 per cent, of all salaries.

The Jay Commission made its first report in May, 1877, and recommended a
reduction in the force of employees of 20 per cent. Collector Arthur opposed
this reduction and said that a reduction of more than 13 per cent, would cripple
the service. The reduction recommended by the commission was ordered, how-
ever, and an annual saving in salaries of $235,298 effected. This circumstance
proves beyond perad venture the oft repeated charge that men were borne upoa
the rolls of the custom-house who did no work, and were paid simply for polit-
ical services.

AIITHUR FALLS OUT WITH THE FRAUDULENT ADMINISTRATION.

The operations of the Jay commisssion were very distasteful to Mr. Arthur.
He wanted to be left alone. His chief. Senator Conkling, was sulking in his
tent at the indifference manifested towards him by Mr. Hayes. He lost no op-
portunity of making faces at the Fraudulent Administration. He sneered at its
measures and openly spoke contemptuously of the Cabinet. It was but natural
that Gen. Arthur should share the opinions of his chief. Threats of a change in
administration of the custom-house were heard, but Mr. Conkling defied the
Administration to do its worst. John Sherman claimed that neither collector
Arthur nor Naval Officer Cornell were in sympathy with the reforms recom-
mended by the Commission. In the Fall of 1877 Mr. Arthur was requested to
resign. The kind invitation was not accepted, and in September following Mr.
Theodore Roosevelt was appointed Collector, and L. Bradford Prince Naval Offi-
cer of the Port of New York. The Senate met in December, and on the 13th of
that month Mr. Hayes's nominations were rejected. The defeat of Roosevelt
and Prince was due to the personal appeals of Mr. Conkling to his brother Sena-
tors. In July, 1878, Gen. Arthur was suspended, and Mr. Hayes appointed E.
A. Merritt collector and Mr. Burt naval officer to succeed Mr. Cornell. Mr.
Conkling having won one victory did not propose to abandon the fight.

As soon as Congress met in the following December the New York nomina-
tions were referred to the Committee on Commerce, and on the 27th of January,
1879, they were reported to the Senate with an adverse recommendation. It was
at this stage of the proceedings that the Republican candidate for Vice-President
was arraigned by the Secretary of the Treasury and his unfitness to retain public
office shown in a manner which caused the prompt confirmation of his successor.
On the 15th of January, 1879, John Sherman sent to the Senate the following
Executive communication. It is an able exposition of the abuses which have
grown up in this important department of the public service, and a clear state-
ment of the manner in which those abuses were fostered by Gen. Arthur. The^
letter is as follows :

GENERAL C. A. ARTHUR'S CIVIL RECORD.

271

GENERAL ARTHUR S MALADMINISTRATION.

Treasury Department, )
Jan. 15, 1879. f

The Hon. William A. Wheeler, President of the United States Senate:

Sir : I have the honor, by direction of the President, to transmit to the Senate the inclosed
official reports to this Department relating to the abuses and irregularities in the New York Cus-
tom-House, and bearing upon the nominations pending in the Senate of Edwin A. Merritt, for Col-
lector of Customs at the Port of New York, in place of Chester A. Arthur, suspended ; and of
Silas W. Burt as naval officer at that port in place of Alonzo B. Cornell, suspended. I beg to add
a fuller statement of the causes that led to these nominations and suspensions than appears upon a
public record.

The management of the Customs Service has for several years been open to much criticism in
Conjrress, in the press, and in jiopular and business circles, founded upon alleged arbitrary abuses
by the officers, and upon undervaluation and frauds. When I entered this office, I determined to
make a full examination into these allegations, and into the existing methods of conducting the
customs business, with a view to economy and reform, not only at New York, but at every other
port of the United States.

The President took great interest in the matter, and heartily supported the measure proposed.
The examinations were made mostly by committees of private citizens, and resulted in a large sav-
ing and many reforms.

Naturally the Port of New York, where about 70 per cent, of the duties on customs is collected,
attracted the chief interest. It appears that for a series of years from 1872, the receipts from cus-
toms at that port have constantly diminished, while the expenditures have, with the exception of
but a single year, steadily increased, as is shown by the following statement :

Year.

Receipts.

Expendi-
tures.

1872

$148,381,446 00
126,824,900 00
110,972,061 95
108.590,256 44
10i;745,268 54
91,056,967 67

$2,301,946 00
2,373.305 00
2,466,122 00
2,668,159 07

1873

1874

1875

1878 Reduction of all salaries 10 per cent

2,516,309 18

1877

2,606,226 61

THE JAY COMMISSION.

Consisting of two eminent citizens of New York and one officer of the Department of Justice-
made a very full and elaborate examination of the methods of business in the custom-house at that,
port, and their reports, copies of which I have the honor to send you, show great abuses.

It appears from their first report that in May, 1877, there were in the collector's office 923 persons ;.
in the naval office 81, and in the surveyor's office 32, making in all 1,036 permanent employees in the^
custom-house, exclusive of the appraiser's department, consisting of deputies, clerks, inspectors,
weighers and gangers, and that this number could be safely reduced 20 per cent. This reduction
of 20 per cent, was opposed by Collector Arthur.

The second report shows that it was a common practice among entry clerks, withdrawal clerks,,
liquidating clerks, weighers, gangers, inspectors and storekeepers to receive from importers and
brokers irregular fees, emoluments, gratuities and perquisites in the nature of bribes.

This practice was a matter of general notoriety in the custom-house, and it does not appear'
that any effort was made by the collector, naval officer or surveyor to suppress it. * *

The third report t«hows that the gravest irregularities existed in the department of weighers
and jgaugers ; that the larger number of the thirteen weighers and eight gangers rendered but lit-
tle, if any, personal service to the government ; that the weighers' fireman performed but little
service ; that the weighers' clerks in some instances performed no duty ; that in most, if not all,
the weighers' offices men were hired as employees, and assigned to do the work of the regular clerks;
that the number of laborers thus assigned varied from four to eight persons in each weigher's
office ; that the men so assigned had but little duty to perform; that persons were borne on the
pay-rolls as laborers as a

REWARD FOR POLITICAL SERVICES

who performed no service except to sign their names to the rolls and receive their pay; ; that a
part of the weighable merchandise was not weighed by the government officers, but by city weigh
ers, who furnished memoranda upon which the United States' weighers rendered their returns ;
that a part of the weighable goods were not weighed at all, but the marked weights on the pack-
ages were copied off and returned by the weighers as if weighed ; that the weighers had adopted a
schedule of irregular fees, which they illegally collected from merchants for special returns and
copies of weights, delaying tf) make returns to the custom-house until the importers paid .hese .rrc
gular fees ; that by reason of these irregularities the cost of weighing and gauging imported goods^
at the port of New York had increased to the enormous sum of $346,524.80 per annum.

These evils were known to Collector Arthur, yet he made no attempt during his term of office
to remedy them. * * * T^e existence of all these irregularities was subse-

quently verified by independent investigations made under my direction.

* * * * It appears also from the evidence on file in this department that a

vicious practice had for a long time existed of granting free permits for imported goods without
authority of law. * * * From a detailed statement on file in (his department,

it appears that over two hundred of such permits were granted from March, 1874 till May, 1875,
The value of the goods thus illegaly delivered free of duty amounts to a very large sum. In a
single instance the value was $53,000. The total value it is impossible to estimate, from the fact
that except in a very few cases no appraisement was had. From inspection of the i)apers it is ap-
parent that much of this merchandise, if it had been properly entered and appraised, would have
been subject to duty, The government has, therefore, by thia illegal practice, lost a very large

■272 GENERAL C. A. ARTHUR's CIVIL RECORD.

ARTHUR'S COMPENSATION.

* * * Dnring the period of his service his compensation amounted to $155,860.36,

a detailed statement of which is herewith transmitted. An officer, charged with the high duties of
the Collector of the Port of New York, and receiving such compensation, ought properly to be
held responsible for all abuses that grew up or continued during his term of office ; and the exist-
jsnce of such abuses is sufficient, if within his power to correct them, to justify his removal.

The President was strongly of the opinion, upon the reports of the Jay Commission, that the

PUBLIC INTEREST DEMANDED A CHANGE

in the loading offices in tiie New York Custom-house, I preferred to try to execute the reforms
proposed with Mr. Arthur in office, rather than a stranger. The President acquiesced in this view,
but gradually it became evident that neither Mr. Arthur nor Mr. Cornell was in sympathy with the
recommendations of the Commission, and could and did obstruct their fair execution.

The President became entirely satisfied that it was his duty to make a change in both offices ;
but, with the view of consulting the Senate, this was postponed until the beginning of the follow-
ing session, when Messrs. Roosevelt and Prince were nominated for the offices of collector and
naval officer. The Senate, however, deemed it best not to confirm these nominations, and,
without further controversy or any attempt or desire to send to the Senate other nc.-.iinations,
Messrs. Arthur and Cornell remained in their positions.

NO HOPE OF SECURING REFORMS.

A very brief experience proved that any hope of carrying out any systematic reforms or changes
in the mode of conducting the business would be abortive while the collector held his position.
The same system, the same persons, the same influences prevailed as before. * * *

General Arthur did not give that personal attention to the business of the office that would seem to
be necessary for the proper discharge of its duties. He did not usually arrive at his office until
after noon. Continued complaints came from other ports of entry that unconstitutional discrim-
inations were made in favor of the port of New York by the methods of conducting business at
that port : that allowances for damages, not permitted at other ports, were made : that a system of
undervalnatious prevailed ; and that, by these means, important branches of business were turned
from their usual course almost exclusively to the port of New York, causing reduction of the
revenue and inju,stice to other ports and to the people of the United States.

I respectfully call your attention to the report of General Appraiser John F. Meredith and Special
Agents N. W. Bingham and B. II. Hinds, of the date of July 17, 1878, a copy of which is herewith
transmitted. These gentlemen having had long experience in the customs service, were directed
to eximiino into alleged irregularities in the administration of the customs laws in the chief ports
of the United States, and the general result of their examination is disclosed in their report. From
the testimony taken and the documents referred to by them, all of which will be placed at 3'our
service, it would appear that the system of frauds complained of, including undervaluations, false
classifications, improper weights and measures, and illegal damage allowances, was clearly
j)roven. These officers eay, iii regard to Collector Arthur :

A NEGLIGENT PUBLIC OFFICER.

It came to our notice early in our investigation that the collector, as a rule, neglected to appear
at his office until Friday or after. * * * ^ neglect of duty so conspicuously

displayed in the presence of a large corps of subordinates, must inevitably have produced a very
demoralizing effect, upon the morale of the office, and it is particularly lamented, as it occurred at
A port of the magnitude of New York, where over twelve hundred subordinate officers are em-
ployed, and where nearly seventy per cent, of the entire customs duties of the country is collected.

In this connection we would respectfully call attention to our special report in relation to certain
practices of

SPECIAL DEPUTY LYDECKER,

and to the several reports in relation to hira of a similar character, which, as we are informed,
have heretofore been submitted to you. We were surprised to learn that Collector Arthur, after
having been advised of the connection of his special deputy, Mr. Lydecker, with

SCHEMES TO DEFRAUD THE GOVERNMENT,

and after proofs of such official misconduct had been submitted to him, still appears to repose in
Lydecker the most implicit confidence, and to allow hioa to practically control the busine-s man-
agement of the office. We found that the more honest and intelligent officials at the custom-
house had long had reason to distrust Mr. Lydecker's integrity, and that the influence exercised
by him over the collector had been for a longtime the subject of comment among them. This
matter, as well as the collector's neglect of office hours, was repeatedly referred to in an unfavor-
able manner by the merchants who were associated with us in the early part of our investigation
at this port.

It would appear, also, from the special report made by the same officers, of the date of June 25,
1878, that Mr. Lydecker, the chief deputy, had been guilty of certain neglect and fraudulent prac-
tices therein stated. I also inclose a copy of a report of the date of May 2, 1878, mnde by Assistant
Secretary French and J. H. Robinson, Assistant Solicitor of the Treasury, relative to the abuses
and irregularities in the New York custom-house.

These documents, together with many detailed reports of officers of this department, convinced
me. after several months' trial and consideration, that without any arraignment of the personal
character of the collector and naval officer, the

PUBLIC SERVICE DEMANDED A CHANGE

in the incumbents of these offices. Some time after the close of the session of Congress, and
after the experiment had been fully tried, the President suspended these officers and appointed
•General Merritt, then surveyor of the port, as collector, and Mr. Burt as naval officer. Air. Burt
had been for years, practically, the naval oflacer, and had conducted the business with fidelity and

GENERAL C. A. ARTHUk'S CIVIL RECORD. 273

Bkill, to the satisfaction of all. Mr, Cornell held simply a sinccnre position, the real dirties beirg
discharged by his deputy, and Mr. Burt is now performins; the duties both of naval ofilcer and
those formally discharged by him as comptroller, the latter having been discontinued.

* * * * It i'j respectfully submitted that, under the circumstances, the resto-

ration of Messrs. Arthur and Cornell would be a serious injury to the public service, involving a
loss of public revenue and an increased revenue. It wonld establish a constant irritation and
struggle between old abuses that existed and reforms that are sought to be accomplished. It would
destroy the discipline of the department; for, after all, the collector of customs is but a subordi-
nate of this department, and though possessed of great powers, can do but little without the sanc-
tion of the Secretary, but he may seriously obstruct the department in the conduct of business
according to its ideas and plans.

IMPORTANCE OP THE NEW YORK COLLECTORSHIP.

It has been the established custom that this great office should be held as an administrative-
office, like that of a Cabinet minister; foi* the officer who collects over two-thirds of the revenue-
from customs performs functions equal to those of a Cabinet minister; but the law requires con-
stant supervision and approval of his acts by this department.

To require this business to be performed by persons in hostility to the general policy of the
administration, would create discord and contention where there ought to be unity and harmony..
It would be unjust to the President and personally embarrassing to me in the discharge of my
duties to have the office of collector of customs at New York held by one who will not perform hw
duties according to the general policy of the department. * * * *

I have the honor to be, very respectfully,

JOHN SHERMAN, Secretary.

Hon. Wm. A. Wheeler, President of the United States Senate.

Collector Arthur addressed a letter to Senator Conkling, in reply to the commun-
ication of the Secretary of the Treasury. Gen. Arthur attempted to justify his
administration of the custom-house, but signally failed. On the 31st of January,,
John Sherman wrote a letter to the President on the subject of the abuses in the
custom-house, which Mr. Hayes immediately transmitted to the Senate, with the.
following communication :

R. B. HAYES' OPINION OP ARTHUR.

To the Senate of the United States :

I transmit herewith a letter of the Secretary of the Treasury, in relation to the suspension of the
late Collector and Naval Officer of the Port of New York, with accompanying documents. In addi-
tion thereto I respectfullv submit the following observations :

The custom-house in New York collects more than two thirds of all the customs revenues of
the government. Its administration is a matter not only of local interest merely, but is of great
importance to the people of the whole country. For a long period of time it has been used to man
age and control political aflfairs.

The officers suspended by me are, and for several years have been, engaged in the active

PERSONAL MANAGEMENT OF THE PARTY POLITICS

of the city and state of New York. The duties of the offices held by them have been regarded as
of subordinate importance to their partisan work. Their offices have been condueted as a part of
the policical machinery under their control. They have made the custom-house a center of parti-
san political management. , . . , ^

The custom-house is a business office. It should be conducted on busmess principles. General
James, the Postmaster of New York City, writing on this subject says : " The i)ost office is a busi-
ness institution and should be run as tuch. It is my deliberate judgment that I and my subordi-
nates can do more for the party of our choice by eiving the people of this city a j^ood and efficient
Eostal service, than by controlling primaries or dictating nominations." The New York custom-
ouse should be placed on the same footing with the New York post-office. But under the sus-
pended offictrs the custom-house would be one of the principal political agencies in the state of
New York. To change this, they profess to believe, would be, in the language of Mr. Cornell, in
his response, "to surrender their personal and political rights." . , , ^^ ,. ,

Convinced that the people of New York and the country generady wish the New York custom-
house to be administered solely with a view to the public interest, it is my purpose to do all in my
power to introduce into this great office the reforms which the country desires.

With my information of the facts in the case, and with a deep sense of the responsible obliga
tion imposed upon me by lUc Constitution " to take care that the laws be faithfully executed, I
regard it as my

PLAIN DUTY TO SUSPEND THE OFFICERS IN QUESTION,
and to make the nominations now before the Senate, in order that this important office may be
Aon««</y and efficieptly administered. HAYES

Executive Mansion, January 31, 1879.
BHERMAN ARRAIGNS ARTHUR FOR "UNLAWFUL PRACTICES, FRAUGHT WITH
GREAT DANGER TO THE REVENUE."
♦ Trkasurt Department, Office of the Secrktabt, I

Washington, D. C, January 31. 1879. J . -

The President: The letter of Mr. C. A. Arthur, late Collector of Customs at New York, of
the date of the 2l6t inst., to the Hon. Roscoe Conkling, Chairman of the Committee on Commerce
of the Senate, was first seen by me in the New York Tntr/ne of the 28th inst.

274

On the 23d inst., and before Mr. Arthur's letter was acted tipon hy the committee, I cansed to
be delivered to the chairman of the committee a request for a copy of it, to enable the department
to verify any statement in its letter of the 15tli inst. which might be disputed by Mr. Arthur, and
to present such answ(!r to his allegations as would place the whole case before the Committee.

To this request no answer was made, and I am not now advised whether it was communicated
to the Committee. It is to be presumed that it was not done, for it appears by the public journals
that the committee acted upon the nominations before an opportunity had been given to the de-
partment to establish the reasons stated by it for the suspension of Mr. Arthur.

READY TO SUPPLY THE PROOFS.

I now repeat that all the allegations stated in department lester of the 15th inst., are sn&ceptible
of closest proof, and the department is prepared to verify them if it i-s the pleasure of the Senate
to give the opportunity.

Mr. Arthur thinks that if the department letter of the 15th inst. contains all that can be said
against his administration of the office of collector, his suspension is directly coritrary to all the
professions of your admmistration, and a violation of every principle of justice. I'his is a matter
of opinion as to what constitutes just cause of removal. If to secure the removal of an officer it is
necessary to establish the actual commission of a crime, by proofs demanded in a court of justice,
then it is clear that the case against Mr. Arthur is not made out, especially as his answer is held to
be conclusive without reference to the proofs on the public records and tendered to the committee
and the Senate.

But if it be held, that to procure the removal of Mr. Arthur it is sufficient to reasonably

ESTABLISH THAT GROSS ABUSES OF ADMINISTRATION

have continued and increased during his incumbency ; that many persons have been regularly paid
on his rolls who rendered little or no service: that the expenses of his office have increased while
collections have been diminishing; that bribes, or gratuities in the nature of bribes, tiave been
received by his subordinates in several branches of the custom house; that efforts to correct these
abuses have not met his support, and that he has not given to the duties of his office the requisite
diligence and attention, then it is submitted that the case is made out. This form of proof tlic
department is prepared to submit. * * « *

That the mode of conducting public business in the custom house in New York during the en-
tire administration of Mr.. Arthur as Collector, was subject to grave criticism is hardly a matter of
dispute. The developments made by the Committee of the Senate in 1872, of which Mr. Bucking-
ham was chairman, excited the attention of the country. Tiie abuses whicn sprang out of tlie
moiety system were fully disclosed by the examination and discussion that preceded the passage
of the Anti-moiety Act of 1874. Numerous reports of special agents called the attention of the
department to existing irregularities. * * * * j^j. Arthur, himself, claims

credit for attempts to bring about reforms, and admits that at the beginning of his administration
there was a necessity for a very lar^e reduction of expenses. Kindred abuses which it was be-
lieved had crept into the public service in all i).\rt> of the country, led to a general examination of
the methods of conducting the customs business in the chief cities of the United States. The Jay
Commission was organized to conduct sucli examination at the port of New York.

MR. ARTHUR COMPLAINS OF THE PERSONNEL OF THIS COMMISSION AND THE
MANNER OP PURSUING ITS INQUIRIES.

It appears from the correspondence with Mr. Arthur that he was both personally and by letter
consulted as to the persons forming this commissi(m.

He came to Washington on the 14th of April, 1877, and was fully advised of the object of the
anvestigation. He was authorized to, and did, confer with each member of this commission, and
«elected Mr. Turnurc as one of them. It was the desire of the department that Gen. John A. Dix,
formerly naval officer, should be the chairman of the commission, and, through Mr. Arthur, he
was invited to accept that position, but the dangerous illness of his son prevented him from
accepting. Mr. Arthur then tendered the position to Mr. Royal Phelps, of New York, but he, too,
declined. Then, with the concurrence of Mr. Arthur, Mr. Jay was named by the department as
chjiirman, and he, with great reluctance, consented to serve in that position. Mr. Robinson, the
third member of the commission, is an officer of the Department, of Justice, holding the position
of Assistant Solicitor of tlie Treasury. No special agent or ofticer of this depnrtment served on
the commission, audi never heard any objection to any member of it made by Mr. Arthur until
after its report. The two citizens selected on the commission were of opposite politics, and men
of eminent position and high character.

He complains of tlie mode of their proceeding ; but it appears that he testified before them
that every person he requested to b^ called was called and examined, and every opportunity was
civen to liim to present his view of the facts. ******

His complaint of unfair treatment by the department is entirely unfounded. He states that the
first notice c.*" bis intended removal was accompanied with an offer of an

IMPORTANT FOREIGN APPOINTMENT

under another department of the government. This statement is entirely inconsistent with the
jiretense that he was treated unjustly.

in September, 1877, after the first two or three reports of the commission, Mr. Arthur freely
talked of resigning— said he had private business that demanded his attention; that the passage of
the anti-moiety act had greatly reduced the compensation of the office, and that he had no great
desire to retain it. * * * *

In seeking his resignation I earnestly desired to avoid controversy in the Senate at the beginning
of your administration. Changes had been made during the count of the electoral vote in the
tenure of offices in New York that I believe indicated that any change made by the present ad-
ministration, However important to the public service, would be contested.

THE TENURE OP OFFICE ACT,
of. which your predecessor complained, left it within the power of the Senate to compel you to

275

emploj', in the discharge of the mo8t delicate executive duties imposed upon you by the conetitn-
1ioiiaH(i the laws, persons whom yon believed unfit to be trusted with such duties, and the well
known practice in tlie Senate to defer largely to the Senator representing the i)arty in the state
where the 'office is located, made it at all times difficult and someti.nes impossible to make the ne-

When Mr.°Arthur df^clined to resign, I still hoped that the reforms suggested by the commission
mi^htbe executed by him, and the voluminous correspondence of the department will show the
difficulties encountered and the kindly action of the department to Mr, Arthur. If I committed any
fault in connection with this matter, it was in not concurring heartily and promptly in the lor/ic of
the reports which demanded a cliange in the leading officers of the custom-house. * *

The Senate having rejected the nominations, Mr. Arthur continued in the office. The corre-
spondence will show that after that time every proper effort was made to secure his co-operation in
the necessary reforms, but without success, except in an unwilling way that

OBSTRUCTED WHILE CONSENTING.

I come now to the specific charges to which he replies; and, first, as to the gratuities in the na-
ture of bribes given to clerks and oi her employees. * - * * . *
Z The evidence taken shows that most of the witnesses who were interrogated on this point, tes-
tified that gratuities were constantly received. It was in testimony Avith regard to inspectors, that
they were anxious to be sent to discharge steame7'S vaxher than sailing vessels, because they were
paid by the owners of the steamships

A GRATUITY OF FROM! TEN TO FIFTY DOLLARS,

technically called ^' hoi'f<e money.'''' The agent cf one of the lines stated that thirty dollars was
paid to each inspector discharging their Fteamers as '• house money.'" The agent c f another, testi-
fied that perquisites were constantly paid to inspectors for discharging vessels; thai; the shorter
the time the vessel was to be in port the larger the amount paid; that the inspectors received a
gratuity for permitting the vessel to discharge before the custom-house permit reached the ship;
that if these fees were not paid, the inspector had it in his power to delay the vessel in many wa5"8,
and that it was merely a question between the owner and the inspector as to how much it was
worth to the former to obtain these facilities; that is, w^hether it was cheaper to pay the inspector
a gratuity for obtaining these facilities than to have the inspector stand upon the strict letter of
the law, and throw obstructions in his way. It was also in testimony that other irregular fees
were constantly received by inspectors, customarily called

" HATCHETS " AND " CONES,"

"hatchets" being fees received from merchants for the privilege of holding their goods on the
dock, instead of going into the general-order store at once, and "bones " being paid by passengers
for favors extended to them "in the examination of their baggage." With regard to weighers it
Y/as testified that there was a complete list of irregular fees adopted by all of them, to be exacted
of merchants for supplying copies of weights. These fees ranged from two cents to thirty cents a
ton for iroi and other meials, and a schedule upon which the foreman of the weighers was accus-
tomed tt make the demands, shows in detail the amount to be collected upon each barrel, package
and bag, upon rice, suirar and many other articles. It was also distinctly testified, that the collect-
or's entry clerk received fifteen cents for each entry from brokers and merchants, for facilities in
passing the entries.

THE RECEIPT OF THESE IRREGULAR FEES

for entry withdrawal, export entry and refund clerk was afterward fully shown from the books of
the custom-house.

In addition to all this it is clear, from letters addressed to the Jay Commission, by the collector,
naval officer and surveyor, in regard lo this very question, that the practice of taking illegal fees
was well known. * * * ;Mr. Arthur speaks of my action in relation to the re-

taining in office a certain entry clerk and an inspector shown lo have received money from brokers.
But the evidence before me was clear that and conclusive that this practice was common to all
such clerks. =' =■' * The reply of Mr. Arthur to the charge made by the depart-

ment " that a vicious practice has for a long time prevailed of allowing free permits for imported
goods without authority of law," is a complete evasion of the charge. It is true that the law allows
certain goods to be admitted free of duty after a lawful examination by proper officers, and it is the
daily practice in accordance with the law to issue permits for that purpose, but these are not the

{)ermits of which the department complains, but permits issued by the collector and deputy col-
ector without authority of law for the

FREE ENTRY OF GOODS SUBJECT TO DUTY

without examination and without appraisement, and as a matter of favor to individual persons.
Such a practice, whether of long or short duration, opens the door to fraud, invites the commis-
sion of like frauds by all subordinates, and exempts friends and favorites from equal burden of
the revenue laws. * * * As these permits were granted in most cases without

lawful examination of the goods, it is impossible to tell how great or how little was the value of
the goods thus illegallj'^ admitted, or whetlier they conformed to the invoices. The single case re-
ferred lo by Mr. Arthur, * * * where the value was alleged to be $53,000, was
cited simply as an instance that these illegal entries are not articles of triffling value, and in that
case it is admitted that no examination or entry of the goods was made in conformity to law. *
* * In the case to which reference has been made, Mr. Lydecker issued an order to the
inspector at the importing vessel to send the package to the importer's place of business, and the
merchandise was thus dtlivered without question.

The record shows, that for years, under Mr. Arthur's administration these

IMPROPER PRACTICES WERE OF ALMOST DAILY OCCURRENCE,

and the articles thus permitted to pass without entry or payment of duty embraced merchandise in
many instances of very considerable value, such as horses, carriages, jewelry, cases of wines, bran-

2VG GENERAL C. A. AKTHUR's CIVIL IIECOED.

dies and other liquors, cases of cigars, and packages the contents of which arc not known, and may
have been of great value. These unlawful practices fraught with

GllEAT DANGER TO THE REVENUE AND TO THE REPUTATION OF HONEST MEN,
Mr. Arthur treats as trivial in character and scarcely worthy of mention. The particular cases are
not stated here, as injustice might be done to persons in this waj', but, if desired, u full statement
of all the facls shown upon the records will be given of the:<e case.-?, from whirh it will appear that
they are not " the harmless free permits granted in the ordinary course of business to free goods,"
but are in violation of law, of dangerous example, and, if permitted, can be made the cover of
fraud to jmy extent with litle danger of detection.

1 stated that clerks engaged in makm^ statements for refunds in the Avell-knawn " Charges and
Commissions" cases received gratuities for the work done by them for the attorneys themselves,
who were pressing thesj cases oef ore the Courts and Department.

In what manner does Mr. Arthur answer this grave charge ? IIo begins by explaining that
several years sincS it was the custom for the attorneys to compel the referee by subpoena to pro-
duce before himself the papers lodged in the custom-house, and while in his hands to permit the
calculation to be made by persons employed by the attorneys ; that the practice was afterwards
changed at the suggestion of the Solicitor of the Treasury for the rea«on that it would be better to
employ clerks in the custom-house, as then the original entries and invoices would not be removed
from the custody of the government.

In accordance with this suggestion, clerks were employed on this work and, of coarse, Mr. Ar-
thur states, they were

PAID BY THE IMPORTERS

and their attorneys, the work being outside of government hours and not done for the govern
ment.

It will thus be perceived in the statement of Mr. Arthur himself, that under his collectorship,
as a matter of course, clerks were allowed to receive illegal fees from importers and their attorneys,
pressing claims for refund, many of which were without foundation. * * * *

It appears from documents submitted to the House of Representatives and oral statements
made to the Committee on Appropriations in the presence of the attorneys forthes^e claims, that
forged pr.. tests were introduced in many cases to give jurisdiction in such cases ; that there was a
failure to i)Iead the statute of limitations ; that the amount ahead j' paid on these antiquated claims
is §1, 980,000; iind that there are still claims pending, all of which a:o overfourteen years old, which
if allowed, would require the further sum of at least $750,000. It is now contended by the Depart-
ment of Justice before the couris of New York, that the great body of

THESE CLAIMS ARE FRAUDULENT.

While Mr. Arthur admits that expenses increased and receipts from the revenue steadily dim
inished during his administration, he claims that there were improperly, if not illegally, charged
to the expense of collection large amounts over which he had no control, and which, in strictness,
had nothing to do with current expenses.

But, leaving out of consideration the extraordinary expenses to which he refers, as well as those
incurred by the Naval Office and Surveyor's and Appraiser's Department, it is shown, by the
accompanying tabular statements, made np by the treasury registers, giving the number and com-
pensation of tiie employees in the several divisions of the collector's office, and of the weighers,
gangers and insjieciors, all appointed upon the nomination of the collector, that the force and
expenses of his own department increased steadily from the date of assuming his duties as col-
lector to the 30th of June, 1874, in number 251 persons, and in amount g364,574 more than in 1871,
and this in the face of the fact that the receipts had fallen off in the time mentioned many milliona
of dollars, *****

INCREASE OF EXPENSES BY GENERAL ARTHUR.

In the collector's immediate oitice it is seen that the force and expenses were increased from
eight persons and $13,200 in 1872, to eighteen persons and $36,700 in 1877, * * * *

Mr. Arthur compares the cost of weighing for the year ending June 30, 1872, with the cost for the
year ending June 30, 1873, showing a decrease in fr.vor of the latter year of $7,7B7,91.

When it is considered that tea and cq^ee were made free July 1, 1872, and that there were, there-
fore, many millions of packages weighed in 1872 for which there was no corresponding expense for
1873, the ingenious character of this defense will be appreciated, especially a^ free tea and coffee
werenot forgotten when a decrease of revenue receipts was t"» be accounted for.

Mr. Arthur assumes that in my letter of the 15th he is held responsiole by the department for
the falling oil of the revenue, which in fact was caused by the reduction of taxes. No such
accusation was made against him, but it is insisted that while by law taxes were reduced, and the
laborof his office diminished, the expenses were increased. * * * * :;:

Two of the weighers directly state that the receipt of these [illegal] fees was a custom long
established, and known to and approved by the collector and surveyor of the port. * * =^

Mr. Arthur attempts to defend his deputy against the charges contained in the Meredith Com-
mission by characterizing them as " stale," referring to the fact that the transaction occurred ten
years ago * * * * rpj^^ evidence in relat on to the principal charge, and

which is most conclusive and unanswerable, was first brought to the attention of the department
by said report. This evidence consists of orders issued by Mr. Lydecker that appeared upon the
fraudulent; entries and invoices in his own hand and over his own signature. * * *

It is submitted whether the Statute of Limitations, which may operate as a bar to criminal pros-
ecution and so enable a guilty officer to escape the punishment of the law, can properly be urged fur
the purpose of sicuring Lis retention in office. * * * * Among the reports

to this department, to which attention was called by Messrs. Meredith, Bingham and Ilintfs, in
their report of July 17, 1878, as reflecting upon the official conduct of Special Deputy Collector Ly-
decker, is a report by a special agent, dated March 13, 1876, in which are described the following
cases :

FRAUD COMMITTED BY LYDECKER.

1st. A firm of theatrical managers, iu New York, in January, 1875, made two entries of stage
scenery, stating the value as $3,000. These were passed free by Mr. Lydecker as " tools of trade,''*
in violation of Taw.

GENERAL C. A. ARTHUr's CIVIL RECORD. 277

2d. An actress, January 5, 1875, imported silk and velvet dresses which were sent as samples to
the appraiser's office, and returned by the appraiser as of the value of $400, and subject to a duty
of CO per cent. By order of Lydecker, in direct violation of law, these dresses were admitted to
entvj free of dutij. A iriplicate invoice on file in the custom-houpe shows that they were jiuichased
goods and the value given in the invoice is the equivalent of $575, duty upon which would amount
toS?340. * ■■' * *

4th. A dressmaker imported three cases of merchandise which were sent by order of said Ly-
decker directly to her store (falsely described as //mM^; store) without entry. * * *

It has come to the knowledge of the departmt'UD that these cases were selected by the specia
agent as samples of a large number of transactions, extending over more than two year.;, where the
same facilities for fraud had been extended to the name pt;rson by the paid Lydecker.

Mr. Arthur admits that he did not sometimes reach the office at the hour when by laAV it is open
to public business, but intimates that the time after office hours that he spent at the custom-house
was an off-set. His presence after office hours could be of little use to the public. I am advist'd
by persons entirely familiar with the subject, that the time of Mr. Arthur, when at the custom-
house, was often

OCCUPIED WITH OTirER THAN GOVERNMENT MATTERS.

That it was sometimes difficult for a merchant, who was dissatisfied with the ruling of a subordi-
nate, to obtain a hearing, it is susceptible of proof that he habitually did not arriv j there until after
noon, and was, therefore, absent during a period when his attendance was necessary to the transac-
tion of public business, and this was especially so after the action of the Senate upon the nomina-
tion of his successor.

The watchful care of a collector at a port of such importance as New York over the action of his
snbordiriat<'s in their methods of doing business, is at all times imperatively necessary for the pro.
tection of t le revenue.

In a case which has come to light since the retirement of Mr. Arthnr, it has been s^jown tha
goods upon which the duties amounted to $120,000 were delivered to the parties without payment
of any duties to the government, and in a suit to recover these duties, it is claimed by the importers
that ihe unlawful delivery was due to the

NEGLIGENCE OR SOMETHING WORSE

on the part of the customs officers under the charge of Mr. Arthur.

It soon became apparent, after January, 1878, from the daily business of the department with
the New York custom-house, that anything like harmony or heartiness in the administration of
the duties of collector could not be brought abont while Mr. Arthur remained in office, and, there-
fore, after full trial, I reccommended his suspension. * * * * Theletterof
Mr. Arthur, carefully written, with full knowledge of, and access to, all the public records, and his
familiarity with them, is controverted by the careful investigation of the Jay Commission, by the
testimony submitted herewith, by the reports of the special agents, and by the Meredith Commission,
together'with my well-considered opinion, based upon the business as it was brought before me
officially, and your own personal examination of the different reports submitted to yoii. * "■

It will be expected by the public that you see that these officers act in harmony with your policy
in correcting all abuses that are developed, and securing all possible reforms, and, if they, in your
opinion, fail, that you shall exercise the power given to you by t.he constitution to secure officers
who will do 80. * * * *

Very respectfully,

JOHN SHERM.YN, Secretary.

278 CIVIL SERVICE REFORM.

CIVIL SERVICE REFORM.

For thirteen years the Republican party has discussed the question of reform
in the Civil Service. During those years one attempt was made to inaugurate
such a reform. It was abandoned after less than two years trial. The term
•'Civil Service Reform " is now held in undisguised contempt by the Republi-
can party. The agitation for reform in the Civil Service was begun by Hon.
Thomas Jenckes, of Rhode Island, in th3 House of Representatives in 1867. He
made a speech in favor of a bill "to regulate the Civil Service of the United
States and promote the efficiency thereof." Again in May, 18G8, he spoke upon
the same subject. At that time the party had made no definite pledges of Civil
Service Reform to the country. J, D. Cox, of Ohio, a short time Secretary of
the Interior, under Grant, was one of the first Republican martyrs to the cause of
civil service reform. In 1870 the clerks in the departments received a circular
from the Congressional Committee assessing them one per cent, of their salaries
for political purposes. On the third of August, 1870, Mr. Cox received a letter
from the Republican Executive Committee requesting a full list of the employees in
his department from Ohio with the amount of salaries, &c. , for the purpose of
making an assessment upon them for state and Congressional campaign purposes.
Then as now Ohio politicia'ns were in the front rank of those levying political
contributions. Mr. Cox declined to furnish the lists requested. A horde of
hungry politicians principally from Ohio and Pennsylvania turned upon him and
made his position so unpleasant that he resigned. Grant promptly accepted his
resignation.

On March 3d, 1871, a clause attached to the sundry Civil Appropriation Bill
was passed, authorizing the President to appoint a commission to prescribe rules
and regulations for promoting the efficiency of the civil service. This provision
was opposed by the Republican leaders in the Senate, Messrs. Conkling, Cam-
eron, Morton and others. They openly avowed their disbelief in the success of
any attempt to reform a civil service which they then pronounced to be the best in
the world. The rules recommended by the advisory board were approved and
President Grant, April 16, 1872, approved them in an executive order which
especially forbade the levying of political assessments on office holders. From
that time until the present day the farce has been enacted with unvarying regu-
larity by the Republican party whenever a state or national convention has made
a platform. The civil service reform plank has been laid down with such firm-
ness and has remained unused so long that it has finally grown rotten, and the
Committee on Resolutions in the recent Convention at Chicago omitted to make
any reference to the subject.

THE FLANAGAN SPEAKS AT CHICAGO.

The omission was noticed by an obscure delegate from Massachusetts, Mr.

CIVIL SERVICE EEFORM. 2*79

Barker, who sent to the Chairman's desk the stereotyped profession of civil ser-
vice reform. The utter insincerity of the thing, the hollowness of the pretension,
was so great that a speech made by an honest delegate from Texas, named Flana-
gan, was received with great applause. He expressed the sentiment of the Con-
vention in these words :

"We are not here for the purpose of getting offices for the Democracy. What are we here for
except to get the offices ?

* -X- ******** *

If the Repnblicans are victors they are entitled to the offices, and those who fought in the cause
will get them if justice is done."

This speech, though honest, was indiscreet. It compelled the convention to
make Mr. Barker's resolution a part of the platform. Had it not been for Flan-
agan's speech the Republican party would have finally abandoned at Chicago the
false colors under which they have been sailing for so many years.

The letters of acceptance of presidential candidates are generally* considered as
the real platform of political parties. The promises made by the candidates are
of more importance to voters than the code of party principles laid down by the
conventions. The latter are declarations of belief. The former are solemn
pledges to the country. Does Gen. Garfield promise in the event of his election
to reform the civil service of his country ? Let his letter of acceptance speak for
him. He says :

MACHINE POLITICS.

To select wise'y from our vast papulation those who are beet fitted for the many offices to be
filled requires an acquaintance far beyond the range of any one man. The Executive should, there-
fore, seek and receive the information and assistance of those whose knowledge of the communi-
ties in which the duties are to be performed best qualifies them to aid in making the wisest
choice.'

When Gen. Garfield ^vrote this paragraph of his letter he must have have had
before his eyes a speech made by th'c late Senator Morton, of Indiana, in the Sen-
ate, January 4, 1871. Mr. Mofton said :

Now, Mr. President, I con^e to the principle of the bill and insist that it is false in itself. I un-
dertake to say that to say that iho ^Teatest security an executive can have, who can know but a very
small number of the American people, is tl>e fact that he can rely upon members of Congress, his
political friends, for rec<miiuendation to office. How so ? Take a member of the House. He ia
expected to recommend, if he is a ))()litical friend of the President, for the local oftlcoa in hi-? dis-
trict. The people understand, and if there is a bad appointment made, if there is a bad postmaster,
if a horse thief is appointed uosrmaster, they hold the member of Congress directly responsible for
it. Theyexpect that iul he natural coiirije of things he has recommended that man. Therefore it
becomes hia interest at once to recommend good men for these offices : his re-election depends
upon it.

In other words, under the system recommended by Gen, Garfield, Gen. Arthur,
Senator Conkling, Senator Cameron, and all the prominent members of the Re-
publican party, the tenure of office of politicians depends upon the manner in
which the local offioea aro given to the underlings who control primaries and ma-
nipulate ward conventions.

The Republican party atisembled in convention at Cincinnati in 1876 promul-
gated the principle that, under the constitution, the president and heads of de-
partments are to make appointments; the Senate is to advi-e and consent to ap-
pointments, and the House is to accuse and prosecute faithless officers. The
enforcement of this constitutional principle is impossible when the officers who
are to advise and consent to appointments, and to prosecute and judge faithless
officers, are allowed to recommend and dictate the appointments. Gen. Garfield
promulgates a principle which the Republican party four years ago solemnly
repudiated.

GENERAL ARTHUR AND CIVIL SERVICE REFORM.

But if it be held that to procure the removal of Mr. Arthur it is sufficient to reasonably establish
that gross abuses of administration have continued and increased during his incumbency; that
many persons have been regularly paid on his rolls who rendered little or no service; that the ex-

280 CIVIL SERVICE reform:.

penses of his office have increas d while collections have been diminishing; that bribes or gratnl-
ties ill the nature of briber, have been received bj' his subordinates in several branches of the cus-
tom-house; that efforts to correct these abuses have not met his support, and tha^ he has not given
to the duties of his office tlie requisite diligence and attention, then it is submitted that the case i»
made out This form of proof the department is prepared to submit. (Secretary Sherman's letter
to JR. B. Hayes, January 31, 1879.)

The Republican candidate for Vice President lias been the conspicuous example

held up before the eyes of the American people by the present administration as

the great violator of civil service reform ; the incarnation of all that is corrupt

and bad in the organization of the public service. The complete record of Gen.

Arthur as an administrative officer is contained in another part of the Text Book.

It is, perhaps, unfortunate for the Republican champions of civil service reform

that Gen. Arthur has been nominated for the second instead of the first place on

th'2 ticket. AVhilc his acts have always tended to degrade the civil service, his

professions for tlie future, contained in his letter of acceptance, are much more

manly and comprehensive than those of Gen. Garfield.

THE HAYES ADMINISTRATION AND REFORM.

When R. B. Hayes -was fraudulently declared President of the United States
by the partisan eight of the Electoral Commission, he sought to appease in some
measure the wounded honor of tlie country and to allay the popular indignation
at the outrage, by promising a reform administration. The corruptions of the
Grant administration had disgusted the honest masses and a general demand for
reform was heard from the people. It v^as this desire for reform which elected
Tilden and Hendricks by the largest popular majority ever cast for a presidential
ticket. Hayes, therefore, sought to gain same popularity or toleration by pledg-
ing himself to do what the Democratic candidate had already done in the state
of New York.

In his inauguraj address Mr. Hayes said :

I ask the attention of the public to the paramount necessity of a reform in our civil sen'ice ;
a reform not merely as to certain abuses and practices of so called official patronage whicii have
come to have the sanction of usage in the several departments of our government, bnt a change in
the system of appointment itself ; a reform that shall be thorough, radical and complete ; a return
to the principles and practices of the founders of the government. They neither expected nor
desired from public officers any partisan service. They meant that public officers should owe
tlieir whole service to the government and to the people. They meant that the officer should bo
secure in his tenure as long as his personal character remained untarnished and the performance of
his duties satisfactory. Tiiey held that appointments to offic ; were not to be made nor expected
merely as rewards for partisan services, nor imrely on the nomination of members of Con-
gress, as being entitled in any respect to the control of such appointments. The fact that botlt the
great political parties of the country, in declaring their principles prior to the election, gave a
prominent place to the subject of reform in our civil service, recognizin<» and strongly urging its
necessity in terms almost identical in their specific import with those I have employed, must be
a«c pted as a conclusive argument in behalf of these measures. It must be regarded as tlio
expression of the united voice and will of the whole coimtry upon this subject, and both political
panics are virtually pledged to give it their unreserved support.

His failure to fulfill his pledges has disgusted the people fully as much as did

the rottenness of Grantism, and the term "civil service reform" has become a

by -word and a reproach. The fraudulent President inaugurated his reform

policy by issuing the following order :

CIVIL SERVICE ORDER NO. 1.

Executive Mansion,

Washington, June 22, 1877.
Sir: I desire to call your attention to the following paragraph in a letter addressed by me to
the Secrctarv of the Treasury, on the conduct to be observed by the officers of the general govern-
ment in relation to the elections :

"No officer shall be required or permitted to take part in the management of political organiza-
tions, caucuses, conventions or election campaigns. Their right to vote and to express their views
on public questions, either orally or through the press, is not denied, provided it does not interfere
with the d'scharge of their official duties. No assessments for political pur^wscs on officers or
subordinates should be allowed."

This rule is applicable to every department of the civil service. It should be understood by
every officer of the general government that he is expected to conform his conduct to its require-
ments. Very resptctfuUy,

R. B. HAYES.

CIVIL SERVICE REFORM. 281

HOW THE ORDER HAS BEEN OBEYED.

The first part of the order that no oflScer should take part in political manage-
ment has never been enforced except in the cases of objectionable officials whom
the administration wanted to get rid of. For instance, Postmaster Filley, of St.
Louis, was removed from office for advising and directing some local primary-
elections, and at the very same time Secretary Schurz, who insisted upon his re-
moval, was making political speeches in Ohio, and but a short time afterwards
Secretary Sherman also went to Ohio and delivered a political speech. After the
election in Ohio that year (1878) Mr. Hayes congratulated both Sherman and
Schurz upon the effect their speeches had apparently had.

The memorable contest between the administration and Senator Conkling over
the removal of jMessrs. Cornell and Arthur from the positions of Naval Officer
and Collector, respectively, of the port of New York, was another instance of the
enforcement of "Civil Service Order No. 1." By purchasing the votes of a
number of Republican Senators by Federal patronage, Hayes and John Sherman,
after a long struggle, in which they were once signally beaten, obtained the
confirmation of their nominees, and Cornell and Arthur were ousted. In 1879,
Senator Conkling, as a rebuke to the administration, had Cornell nominated as
the Republican candidate for Oovernor of New York, and the "reform" admin-
istration forthwith surrendered. Hayes advised all Republicans in New York to
vote for Cornell, and John Sherman and Wm. M. Evarts made speeches in the
canvass in behalf of the regular nominees. John Sherman, in the course of
these speeches, eulogized the man he had pronounced unfit to hold the position
of naval officer and urged the people of the state to make him their governor.
The administration raid upon the New York Custom-house in 1877-78 was
simply a move to get the Conkling machine out and the Sherman machine in.
Immediately afterwards John Sherman announced himself as a presidential can-
didate. The revenue and customs officials all over the country were organized
and put to work in his interest.

Collector Merritt, the "reformer," who succeeded Arthur, had his assistants
and employees formed into bands of Sherman workers, and none dared decline
the service. Each man understood that it would cost him his position to refuse
to join in the Sherman Boom. Prior to the holding of the New York Republican
Convention for the election of delegates to the Chicago Convention, Collector
MeiTitt traveled all over the state in the interest of John Sherman. He packed
primaries, promised government patronage, and, in short, did everything he
supposed would help the Sherman cause. He made no secret of his mission, and
caused himself to be interviewed about the progress of his labors. And yet not
a word of reproof or reproach was uttered by the fraudulent administration. His
bold and flagrant violation of the civil service order was not rebuked. From the
opening of the presidential canvass for the Republican nomination until after
the last state convention had chosen its delegates to Chicago, the various treasury
officials throughout the country devoted their time chiefly to packing primaries
and running local conventions in the interest of John Sherman. Every delegate
that Sherman obtained in the Southern states was won for him by the influence of
treasury officials. The Grant men protested most vigorously against this inter-
ference of government officials and the press called loudly for the enforcement of
Civil Service Order No. 1. but Hayes was as dumb as an oyster. Evidence could
be accumulated page upon page to prove that Secretary Sherman not only re-
quired government employees to work in his interest but that he also bribed dele-
gates to support him with Federal patronage.

282 CIVIL SERVICE BEFORM.

WHAT THE NEW YORK " TIMES " THINKS OF IT.

The New York Times, the leading Republican newspaper of the United States,
said editorially, in its issue of May 12th, 1880, of Secretary Sherman's m/2thods of
electioneeriDg:

Of the delegates to the Mississippi Republican Convention, eight were cmplo5'ees of the Treas-
ury Department, six were postmasters or postal route agents, aucl one vras a United States dis-
trict attorney. All these were, of course, Sherman men, since to hold a Federal office in the South
and support any presidential candidate except the Secretary of the Treasury is to invite removal.
They were aided by half a dozen outsiders, -also in the employ of an indulgent people, whose money
is used to the extent of at least ^35,000 a year to galvanize Mr. Sherman's candidacy in Mississippi.
PeThaps the discreet journalists in Ohio and New England who have been so greatly shocked by
the suggestion that Mr. Sherman was not entirely without responsibility for the peculiar transac-
tion s of brother-in-law Moulton may condescend to explain the tactics by which their immaculate
candidate has pushed his candidacy in Mississippi. These are, it is true, merely a repetition of the
shameless trickery practiced in North Carolina and Georgia, but as they are, if possible, a liitle
more impudent, they appear to challenge some sort of notice from the alleged reformers who have
undertaken the somewhat delicate task of vouching for the statesmanship and political probity of
the eminent trimmer from Ohio.

One of the special staff correspondents of the New York Times, writing from
Jackson, Mississippi, under date of May 7th, 1880, charged that the Republican
Convention of that state had been manipulated by Sherman's hirelings, and
that the Chairman, Gibbs, declared the Convention adjourned to avoid putting to
a vote a resolution indorsing Grant. The correspon dent concluded his letters as
follows :

It is well to make this statement in order that Mr, Sherman may know just how much his
friends bear for his sake. Further for his information, that of the civil service reform administra-
tion, and the public, it will not be amiss to give the following list of otHce-holders who conducted
the Secretary's Mississippi eanvass. Those marked with a star were delegates to the convention.
The others did good work on the outside:

PAY.

*W. H. Gibbs, Census Supervisor $500

*James Hill, Collector Internal Revenue 2,H50

J. J. Spellman, Deputy Collector Internal Revenue 1,200

, *W. D. Frazee, Deputy Collector Internal Revenue 1,000

" *W. M. Hancock, Deputy Collector Internal Revenue 1,000

*W. H. Noonan, Deputy Collector Internal Revenue 1,000

♦Frank Hill. Deputy Collecior Internal Revenue 1,000

*W. H. Foote, Deputy Collector Internal Revenue 1,000

♦James D. Cesson, Deputy Collector Internal Revenue 1,000

*J. P. Matthews, Deputy Collector Internal Revenue 1,000

W. C. Riium, alternate 1,000

E. W, Hall, alternate 1,400

♦J. L. Morphis, United States Marshal, 2,500 and fees

Thomas W. Hunt, United States Marshal 2,500 and fees

♦Green C. Chandler, United States District Attorney 2,500 and f.-es

* W. H. Kennon, Postmaster, about $2,000

♦J. L, Wofford, Postmaster 2.00O

♦J. R. Smith, Postmaster .' ., 2,000

*H. R. Smith, Postmasrer 2,000

W. G. Henderson, Collector Customs 2,500

I. N. Osborn, Deputy Collector Customs 1,000

*W. H. Harney, Route Agent, Post Office Department 900

♦N. D. Sneed, Route Agent, Post Office Department 900

In addition to these were a number of messengers and minor " hangers-on."

In order that the public and '• the civil service reform administration" may know exactly upon
what terms Mr. Sherman is with those of his offici rs who aid him in his effort to capture the
Presidency, it will not be amiss to publish the following letter, which was signed by James Hill,
(colored) Revenue Collector, Delegate at Large to Chicago, and Chairman of the State Executive
Committee:

Jack-on, Miss., May 6, 1880.
The Hon. John Sherman, Secretary of the Treasury, Washington City:

Dear Sir; My friend, Mr. A. H. Kennedy, is one of the most worthy working Republicans in
our state, and will do to depend upon on any part of the ground. He was a delegate from his
county, and assisted us largely in your behalf. I think his services hare been such as deserve recog-
nition at the hands of the administration. He and his family are all st.-ong Republicans, and have
never held or asked for official position until now, that I am aware of. Any assistance that you may
be able to give him, I am sure, will be fully appreciated by him, by the party of the state at large,
and by myself. I am, very respectfully, your obedient servant, JAMES HILL,

Chairman State Executive Committee.

This letter was sent to Mr. Sherman Inst night. I have sworn evidence of its authenticity. That
portion of it which reads, " He was a delegate from his county, and assisted us largely in your be-
iialf— I think his services have been such as to deserve recognition at the hands of the Administra-
tion"—needs no comment. Still, it may, perhaps, be remembered tin t Mr Sherman— according to
his own solemn statement— knows nothing of, and is in no way affected by, efforts of Federal
office-holders, made either for or against his presidential ambition.

CIVIL SERVICE REFORM. 283

This charge against John Sherman was made by the ablest Republican organ
in the country, and with its usual fairness the Times proceeded to prove its alle^-
gation. It cannot be said, in defense of Sherman, that he is the object of Demo-
cratic slander. He has been arraigned by his own party, and the better portion
of it has found him guilty. That Mr. Hayes connived at Sherman's prostitution
of the civil service in the interest of his candidacy cannot be doubted. To say
lie was ignorant of the flagrant abuse of his civil service order by Sherman would
be to pronounce him as stupendous a fool as he has shown himself to be knave.

POLITICAL ASSESSMENTS.

Having shown what a farce was made out of the first clause of the civil service
order relating to the non-interference of government officials in elections, we will
now show that the latter clause in relation to assessing government employees for
campaign purposes was also ignored. Hayes' persistent pretensions in regard to
reform lead some people to believe that he would put a stop to the infamous sys-
tem of assessing government employees to swell the corruption fund of the Re-
publican party in every canvass. But he has not done anything of the kind.
That part of his order relating to assessments has remained as much of . a dead
letter as the first clause forbidding government officials to take part in political
management. The first general election held after Hayes was fraudulently seated
was in the year 1878, when members of Congress were elected. In the summer
of that 3'"car the Republicans organized their Congressional Committee, who in
turn appointed a sub-committee, called the Executive Committee, to manage and
direct the campaign from Washington. Hon. Eugene Hale, of Maine, was made
Chairman of the Executive Committee, and George C. Gorliam, then Secretary of
the United States Senate, was made Secretary. Mr. Gorham was, in fact, the
head of the committee. He managed and directed all its affairs, and nearly the
entire work of the campaign was intrusted to him. The Special Committee of
the Senate, of which Senator Wallace is Chairman, appointed to inquire into al-
leged frauds in the elections of 1878, investigated the matter of assessments upon
office-holders that year, and from the report of that committee we get the follow-
ing facts:

Mr. Gorham testified that he, as the executive officer of the Republican Com-
mittee, collected, in the fall of 1878, for use in the Congressional campaign, a total
of $100,000, of which sum over $93,000 was obtained from the government em-
ployees in Washington. Mr. Gorham inaugurated his assessment campaign by
the issuance of the following circular, which was addressed to government em-
ployees :

CIRCULAR NO. 1
IlEADQUAnTBRS OP THE REPUBLICAN CONGRESSIONAL COMMITTEE, 1878, |

1319 F Street, Northwest, Washington. D. C. V

Washington, D. C, May 27, 1878. )

Sir: This committee, charged with laboring for the success of the Republican cause in the com-
ing campaign for the election of members of Congress, call with confidence upon you, as a Repub-
lican, for such a contribution in money as you may feel willing to make, hoping that it may not be
less than ^16.

The committee deem it proper, in thus appealing to Republicans generally, to inform those who
happen to be in Federal employ that there will bo no objection in any official quarter to such vol-
untary contribution.

The importance of the pending struggle cannot easily be exaggerated. That the Senate is to be
Democratic after the 4th of March, 1879, is very nearly a certainty. In view of this, tlie election of
a Dem.^craiic House of Rppresentatives would precipitate upon the country dangerous agitaiions,
which would inevitably add to present distresses. Foremost among their schemes the opposilion
already announce their intention to attempt the revolutionary expulsion of the President from his

if, by the presentation of three candidates for the Presidency in 1880, the people should fail to.
choo?e, the House must elect, each state delegation casting one vote.

From what is now known, and with Ihe growing dissensions in the camp of the enemy, tlio cor.v
mittcc have good reason to enter upon their work with courage.

284 CIVIL SERVICE REFORM.

Please make prompt and favorable response to this letter, and remit at once, by draft or postal
money order, to "Sidney F. Austin, Esq., Treasurer, &c., German-American National Bank
Washini^ton, D. C.

By order of the Committee.

GEO. C. GORHAM, Secretary.

In about six weeks, such clerks and employees as had not responde 1 to the
notification contained in the first circular to call at Captain Gorham's otiice and
settle, were reminded that the Republican party expected and insisted that every
man should pay his assessment, by the receipt of circular No. 2, as follows:

CIKCULAli NO. 2.

Headquarters op the Rspublican Congressioval Committee, |
Washington, July 11, 1878. f

Dear Sir: Since sending you circular under date of May 27, we have ascert lined that the rules
of your department render difficult your absence during olfice hours, and that you are unable to
call at the bank where contributions are received. We have, therefore, arranged with the treas-
urer, Mr. Austin, to attend at the German-American National Bank from 4 to 5 o'clock P. M., to
receive c -ntributions from those in your depariraent who have not :;lready responded. If more
convenient, the amount can be transmitted by mail to Sidney F. Austin, Treasurer Congressional
Republican Committee, as above. Respectfully yours,

GEO. C. GORHAM, Secretary.

There were still delinquents, even after the second circular was sent, and such
were once more called upon for their money by the following circular:

CmCULAR KG. 3.

Mr. , Dear Sir: There appears to be due upon your subscription to our campaign fund

the sum of dollars. We have regarded your subscription as a debt of honor, voluntarily

incurred by you, and. relying upon its payment, have taken it into the account in the conduct of

our work. We earnestly request immediate payment, and Mr. N. B. Fugitt will be in attendance
at these headquarters (s
receipt for such moneys.

at these headquarters (second floor) daily from 10 o'clock A. M. till 6 o'clock P. M. to receive and
ch

Respectfully, GEO. C. GORHAM, Secretary.

These circulars, Mr. Gorham said, were sent to Mr. Hayes, and were substantially
approved by him. This last circular was without date, but Mr. Gorham testified
that it was issued some time in August. Mr. Gorham testified that the rate of
assessment — he persisted in calling it "contribution-' — fixed upon by the committee
was one per cent, of the salary of each government employee. The circulars, as
was shown by the testimony of Mr. Gorham and his clerks, did not meet with the
responses from the government employees that the Republican committee wanted.
From the official Register, or "Blue Book," the names of the various government,
employees and the salary of each were obtained. The names of the employees in
each department were entered in a book, and opposite each name was written
the amount of the assessment demanded by the committee. Then collectors,
provided with these books, were sent through the departments with instructions
to call upon each employee personally for the sum set opposite his name by the
committee. In order to make the authority of the Republican committee to levy
these assessments more forcible, the heads of the several departments wrote their
names and entered a contribution on the first page of the book intended for use
in their departments. For instance, the assessment book used in the treasury
contained on the first page the names of John Sherman and his assistant secreta-
ries, with amounts ostensibly contributed opposite each. The poor clerk, upon
seeing this, would feel that he dared not defy an authority that had the sanction
of his chief, and with trembling hand and unwilling heart would "fork over"
the amount demanded by the collector.

HOW TITS MONEY WAS SQUEEZED OUT OF THE POOR CLERKS.

A few extracts from Mr. George C. Gorham's testimony will show how the

machine was worked :

Chairman Wallace: Who was appointed to receive contributions in the Treasury Department ?
A. I would state here, if it has not been stated, that a finance committee of three gentlemen of the

CIVIL SERVICE REFORM. 285

committee was appointed at an early meeting to direct the manner of collecting the money, and
that they appointed Mr. Henry Baker (to assess the treasury).

Q. To visit the Treasury Department ? A. To visit the Treasury Department and solicit sub-
scriptions—aslc the persons who chose to give to so state iu a boolc.

Mr. Gorham, in answer to a question, said he had the book, and would turn

it over to the committee, which he subsequently did. When the assessment

books were examined, it was shown that the clerks had not voluntarily entered

their names and subscriptions in them, but that they were entered from the

official register, and then the clerks were called upon for the amounts they were

assessed. But let Mr. Gorham continue his story to the committee :

By the Chairman: Q. Was a man named Fugitt employed or authorized ? A. Yes, sir.

Q. What was his first name? A. It was N. B. He was clerk of my committee; Baker was
not; and when I was left in charge I called upon him generally.

Q. What one of the departments did Mr. Pugitt visit ? A. I think Mr. Fngitt visited the Post-
Office Department, I think the Agricultural Department, and I think the Sixth Auditor's Office of
the Treasury. Baker, I think, did not visit that, and Fugitt did; but I am not sure. He may have
gone to other places in the cit. . He was generally the man I relied on to gj. I think I sent him
up to the Navy Department.

Q. Were Mr. Baker's visits soliciting contributions at the treasury Interfered with by the rules
of the deparment, do you know ? A. I never heard anything on that subject.

Q. Was this circular sent to the naxy yards and post-offices of the country generally ? A. If it
was not gent to every civil officer who received over $1,0U0 a year, some of the clerks neglected
their duties, because that was my instruction.

Q. Your instruction was to send it to all the Federal employees receiving over $1,000 ? A. It
was.

Q. To all the employees of the government ? A. That was my object; to have it reach every
man who was in office ?

Q. Were the responses to the leading circular (circular No. 1 I shall call it) from th- collectors
of customs and postmasters, and so on, in the leading cities in the country, in the form of sub-
scriptions ? A. Very generally; more so than ever in the history of the party, I have been told. Fifty
percent, more in number contributed, probably, than did in 1876. I mean by that to say that in
1876 the request was for two per cent., and m 1878 the request was for one per cent., and although
we only asked for half as much, we got three-quarters as much.

Q. bo you know of any case in any of the departments in Washington in which men who failed
to respond to your circular were dismissed within thirty days ? A. Do I know of my knowledge ?

Q. Yes, sir ? A. I do not.

Q. Have you heard of any such case ? A. I have heard of a single man who was removed from
a department, and that man did not subscribe; but whether that liad any connection witli his re-
moval I do not know, and nobody connected with our committee promoted any report about it or
any change.

Q. What was the politics of that man ? A. He said he was a Democrat.

Being asked if his committee called upon national banks for money for the
campaign of 1878, Mr. Gorham replied that Mr. Eugene Hale, chairman of the
committee, visited New York City and raised $13,000, and he presumed some of
it came from national banks.

POLITICAL ASSESSMENTS IN AN OFF YEAR BRING IN $106,000.

In the following answers Mr. Gorham explains where the Republican party
gets its sinews of war. He has already shown how the assessment plan is
worked. Now, let him tell who it is that, somehow or another, feels constrained
to make these contributions :

By Mr. Bailey : Q. I understand that altogether the subscriptions to your fund amounted to
about 8106,000 ? A, Yes, sir; as near as I can get at it.

Q. Of which $93,000 came from the officers ? A. From Senators, Representatives and
others.

Q. How much of that came from Senators and Representatives ? A. I cannot state it now; I
think that their subscription was pretty general ; there were, as we know, thirty-nine Republican
Senators, and tliey gave, as a general rule, $100 a-piece. There may have been some exceptions ; I
do not remember; the Republican members of the House gave us $50 a-piece.

Q. All of them, or only a portion ? A. The great body of them ; the intention of all was to do
it ; there may have been a case here and there where it was not convenient.

Q. All the remainder of the $93,000 came from those In the civil service of the government ?
A. Yes, I think so.

Q. And from all the Republican party outside of those who were employed you received but
$13,000 ? A. That is nil ; I am sorry to say that was all we got from them.

Q. Then j'our treasur)-— 1 mean the treasury of the committee— was recruited chiefly from the
employees of the government ? A. It would appear so from my last answer,

Q. And they bore the expenses of the Republican campaign chiefly, with the exception you
have named ? A. That would be the Inference from the last question and answer.

TnEY FARMED OUT SOME OF THE BEST LOTS.

Mr. Gorham further testified that in yarious states the state committees were al-

286 CIVIL SERVICE REFORM.

lowed to assess the Federal office holders, and that the money thus raised was in
addition to the $100,000 collected by the Executive Committee at Washington.
According to Mr. Gorham's showing, the money raised by assessing government
clerks was used to pay for printing and sending out documents, to pay speakers,
etc., and to aid generally in the election of Republican Congressmen in close dis-
tricts. The amounts sent out to the different states for use in close districts were
distributed as follows :

Maine, $5,000; New Hampshire. $1,750; Vermont, 3d district, $500; Connecticut, 3d district, $1,000,
New Jersey, 1st district, $1,500; 2d district, $500; 5tli district, $500; Pennsylvania, 17th district,
$1,500; Maryland, btti distticc, $1,250; West Virginia, 2d district, $350; 8d diistricr, $500; Virginia,
2d district, $1,000; 4th district, $1,300; North Carolina, three districts, $1,300; South Carolina, Ist
district, $1,(XX); 5th district, $000; state at large, $200; Florida, 1st district, $500; 2d district, $1,000;
Alabama, 4th district. $5:J0; Tennessee, 1st district, $500; 2d district, $500; Missouri, 2d district,
$500; 3d district $500; 7th district, $100; 10th district, $1,000; Ohio, to nine districts, $9,300; Indi-
ana, to state central committee, with recommendation that it b^' distributed as follows: 1st district,
$2,000; 4th district, $1,000; 6th district, $1,000; 8th district, $500; lOtli district, $500; cannot say
whether or not the distribution was made as recommended; Illinois, 18th district, $250; Michigan,
$5,000; Iowa, $5,000; Wisconsin, $1,500; Oregon, $2,000; Colorado, $1,000. Total, $53,900.

The fradulent administration, as proven by the testimony of Gorham and his
assistants, consented to a few other little irregularities, such, for instance, asthede-
tailing of men who were employed and paid by the government to do campaign work
for the Republican party, thus robbing the people of service they were paying for.

THE TERSONAL ACCOUNT OF R. B. HAYES WITU Tn3 CIVIL SERVICE.

They (the founders of the government) held that appointments to office Were not to be made or
expected merely as awards tor partisan services.

The above was Mr. Hayes' language m his inaugural address. This was the
principle laid down by the de facto President as the rule by which he should be
guided in making appoint nents. While the words above quoted were upon hi^
lips he had made promises which involved their violation in letter and in spirit.
Placed in the White House by a conspiracy against free government, the concpip
ators demanded of the beneficiary of their plots payment in lucrative offices.
The ready compliance of Hayes with their demands was the most convincing
proof of his knowledge of the awful crime of 1876. Convicted perjurers and
thieves tilled the corridors of the executive mansion and jostled innocent citizens
of the Republic in the reception and anterooms. The rogues whq made false re-
turns and stole the electoral votes of three states swaggered about the barrooms
of Washington boasting of their villanies and savagely cursing Hayes for his tar-
diness in settling the score.

WHAT A FRAUDULENT PRESIDENT COST THE PEOPLE.

Hardly had the printers' ink dried on the newspapers which printed the inau-
gural address than the work of rewarding crime was begun by Mr. Hayes. How
well he succeeded the following table will show.

CIVIL SERVICE REFORM.

287

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290 CIVIL SERVICE REFORM.

This record of beneficiaries was prepared over a year ago. It is impossible to
ascertain from the pay rolls of the government what additions have been made to
this black list s nee. The name of one member of the Louisiana Returning Board
is conspicuous because of its absence from this list. Civil service reform was not
vindicated, however, because G. Cassanave did not receive an office. The sum of
$1,750, paid to Cassanave in August, 1879, by R. B. Hayes and John Sherman as
the price of his silence and for services rendered, is not included in the total an-
nual roll of $242,170.

THE CASE OF CASSANAVE,

The expenses of the defense of the Louisiana Returning Board, indicted in the
Circuit Court at. New Orleans for perjury and fraud, ware $5,030. As the other
members of the board were insolvent, Cassanave's property was levied upon to
meet the judgment rendered for the $5,000 fee. On August 7, 1879, Cassanave
wrote to Mr. Hayes as follows :

If my property is sacrificed under that judgment it will render me bankrupt. I am a poor man
and unable to sustain such a loss. I have always assumed a full share of the responsibility attach-
ing to the otticial acts of the returning board, although I have never enjoyed «ny of the fruits re-
sulting from its findings; and in this connection I respectfully remind you that I hold no ottice
under your administration, and have derived no pecuniary benefits whatever therefrom; but, on the
contrary, 1 have sustained considerable loss in my business on account of my identity with the
board. ' Messrs. Anderson, Wells and Kenner, the other three members, and their numerous family
connections, are enjoying lucrative positions in the employ of the government.

***********

I called upon Mr. Sherman yesterday and he proffered me a contribution of $100. as the only
relief he could otfer me, which 1 was compelled to decline out of respect for the great finance
minister of our government.

Cassanave wrote this letter in Washington. Before sending it he had called at
the "White House and had been refused the assistance he demanded. He was
more successful in his epistolary efforts, and a few hours after the letter had been
received at the White House $500 was sent to New Orleans to be paid on the
judgment. The following telegraphic correspondence between Shellabarger &
Wilson, Hayes' attorneys, and E. North Cullom, of New Orleans, who held the
judgment, explains the conclusion of the case:

DAMNING CORRESPONDENCE.

Washington, D. C, August 13, 1879.
E. North Cullom, New Orleans, La.:

Should we send $1,000 more on returning board judgment will you give reasonable time for
balance?

SHELLABARGER & W^ILSON.

To this dispatch came the following reply :

New Orleans, August 13, 1879.
Messrs. Shellabarger & W^ilson, Washington, D. C:

If you send me $--^50 more, making a total of $1,750, and Cassanave will give securitv not to dis-
'^ose of his property, 1 will wait till January 1.

E. NORTH CULLOM.

On August 15 Shellabarger gave Cassanave the following dispatch and directed
him to sign and send it :

Washington, D. C, August 15, 1879.
E. North Cullom, New Orleans :

Will cause $1,000 to be mailed to-day, provided you stop sale and wait until January 1st for
balance. Answer immediately. G. CASSANAVE.

Cullom replied as follows :

New Orleans, August 15th, 1879.
G. Cassanave, Washington, D. C:
I will not. Sale goes on. E. NORTH CULLOM.

Cassanave carried the reply to Shellabarger, who indorsed upon it the follow-
ing :
To Secretary Sherman :

1 telegraphed that I would send $1,000 to-day if sale would stop and the plaintiff wait for the
balance till January, and this is the answer. >Viiat s-hall I do with the $1,000 ?

CIVIL SERVICE REFORM. 291

The $1,000 had been previously sent by R, B. Hayes to Shellabarger to help
Cassanave out. Sherman wrote in reply to Shellabarger " You may offer the
$1,250."

This sum together with the $500 previously sent made up the amount which

C!lillom demanded and the sale was stopped. Senator West in commenting on

this transaction in the Senate said :

Why the President and Secretary of the Treasury changed their determination, and what relation
■existed between the work of the returning board and the payment by them of $1,750 I leave to
the candid judgment of honest men.

THE CLOSE OF THE FARCE.

During the past three and one-half years of trickery, deceit and hypocrisy the
f rudulent administration has striven to hide its rank offenses against decency and
pure government by a cloak of smooth word^, voluble excuses and pretentious
I)alaver. In the present campaign, the mask will be thrown off entirely. Every
department of the government will be utilized to assist in the election of the Repub-
lican ticket. The standing army of 100,000 federal office holders will be marched
into the field and forced to contribute liberally. A refusal to pay promptly means
dismissal. Already the heads of a score of department clerks, who had the bravery
to openly declare their preference for Hancock have fallen. Free speech is
denied the servants of the people. Democrats in the departments kre given the
alternative of subscribing to the Republican campaign fund or losing their places
The following circular has been mailed to all the government clerks :

CIVIL SERVICE ORDER NO. 1, ACCORDING TO M'PHERSON.

Headquarters of the Republican Congressional Committee, 1880. I
1,311 F St., N.W., Washington, D. C |

Jay A. Hubbell, Chairrnan. Edwd. McPherson, Secretary.

Executive Committee : The Hon. William B. Allison, the Hon. E. H. Rollins, the Hon. Frank
Jliscock, the Hon. Mark H. Bunnell, the Hon. Godlove S. Orth, the Hon. Wm. McKinley,
tlie Hon. Joseph Jorgensen, the Hon. G. JR. Davis, the Hon. H. G. Fisher.

Washington, D. C, April 19, 1880.
Sir ; This committee is organized for the protection of the interests of the Republican party in
each of the congressional districts of the Union. In order that it may prepare, print and circu-
late suitable documents illustrating the issues which distinguish the Republicar party from every
other, and may meet all proper expenses incident to the campaign, the committee feels author-
ized to apply to all citizens whose interests or principles are involved in the struggle. Under the
circumstances in which the country finds itself placed, the committee believes that you will esteem
it both a privilege and a pleasure to make to its fund a contribution, which it is hoped may not be

less than $ . The committee is authorized to state that such roluntary contributions/row

persons employed in the sei^'ice of the .United States, will not be objected to in any o^'do^ quarter.
The labors of this committee w'ill affect the result of the presidential as well as the congressional
struggle ; and it may therefore reasonably hope to have tlie sympathy and assistance of all who
look with dread upon the possibility of the restoration of the Democratic party to the control of
the government.

Please make prompt and favorable response to this letter by bank check or draft or postal
money order, pavable to the order of Georee Frs. Dawson, Treasurer, post-oftice, lock box 723,
Washington, D.C. By order of the Committee, EDWARD McPHERSON, Secretary.

Collections were begun on the 1st of July in the Treasury Department.
"When clerks refuse voluntarily to pay the assessment, the disbursing officer
xieducts the two per cent, from their salaries.

ASSESSMENT ON DISTRICT OF COLUMBIA CLERKS.

In the general raid upon office holders, the clerks emploj'ed in the government
of the District of Columbia have not been forgotten. The following circular has
been addressed to them :

Republican Central Committee for the District op Columbia. I
Washington, D.C, July 16, 1880. j
Sir: This committee, composed of three members from each of the twenty-two legislative
-districts in the District of Columbia, is organized for the protection of the interests of t e Repub-
lican parly ; to aid the Republican cause in the Congressional districts in contiguous States ; to
provide for the transportation of voters ; to circulate suitable documents illustrating the issues
which distinguish the Republican party from every other, and to do such other campaign work
AS may be assigned it by the National Republican committee.

292 CIVIL SERVICE REFORM.

Th3 committee feels anthori/ed to apply to all citizens whope interests or principles are involved'
in tiie !^truggle. Under the ci cuinstances in which the dititrict finds itself placed, the committee
believes that 3 on will esteem it both a privilege and a pleasure to make to its funds a contribution^
which it is hoped, may not be less than $- — . The committee is authorized to state that s^uch
voliintar (ontribiition from persons employed by the District of Columbia will not be objected to-
in any ofllcia! quarter.

It lias been decided to hold a mass meeting of the Republicans of the District of Columbia at ai\
early date to ratify tht; nominations of the Chicago convention. The importance of our position at
the national capital renders it neccest^ary that every effort be made to insure entire success.

Please make prompt and favorable response to this letter by check payable to the order of W. B.
Retd, Chairman PMnance Committee, P.O. box 5'J4, Washington, D.C., or in person, to any member
of the Finance Committee. J. M. GREGORY, Secretary

The fraudulent administration has been false to every promise of reform it has
ever made. Its shallow hypocrisy in this regard has made the very name of
reform a reproach. Civil service reform has grown to be a synonym, in
ironical language, for all that is hollow and deceitful, disgusting and false ia
government. The crowning sheaf to the sham is the spectacle of the cabinet led
by Carl Schurz stumping the country for Garfield and Arthur.

CIVI!. SERVICE REFORM.

293

Jllembers of Kellogg legislature (?) who voted for Kellogg for U. S. Senator^ and afterward re-

ceived Federal offices.

Names:

Senators :

J. E. Breaux

J. lI.Burch

A. J. Dumont

P. Landry

Isaac Sutton

M. A. Twitchell

Geor»o W. Bryant. . ,
A.J.Wakefield

Eight senators receive directly

Officers of the Senate :

C. C. Antoine, president ,

Peter E. Bechtel, 1st secretary.'.
W. H. Green, ass't secretary..

Senate officers receive.

Members of the House

Charles F. Brown

O. H. Brewster

R. J. Brooks ,

John E. Brown

J. M. Carville

W. J. De Lacy

W. H. Dinkgrave ,

Louis Desmarais ,

A. De Joie

Fred. Fobb

George Gracien

O. Holt....

J.J. Johnson ,

Robert Johnson

Milton Jones

C. W. Keeting

William Kern ,

W. 6. Lane

A. H. Leonard

John G. Lewis ,

A. E. Milon

M. L. McMillen

W.J. Moore

Henry Raby

L. J. Souer

George A. Swazie. . ;

L. A. Snaer

Jules Severgnes

J. R. Stewart

George Washington

L. Como

R. Simmes

Present offices.

U. S. deputy collector, New Orleans.
Clerk in New Orleans custom-house. ,

U. S. deputy collector, New Orleans ,

Laborer in N. O. custom-house at 25 cents per hour, or. ,

I' li II t( t( ((

Consul to Kingston, Canada

Laborer in N. O. custom-house at 25 cents per hour, or. ,
Night inspector N. O. custom-house at $2.50 per day, or,

Clerk and storekeeper in N. O. custom-house

" in N. O. castom-house

U. S. inspector, N. O. custom-house at $3 per day, or.

Thirty-two members of the

Officers of the House:
Robert Guichard, chief clerk. . .
William Vigers, assistant clerk.
T. A. Clover, minute clerk. . .
C. U. Merritt, house postmaster

Four house employees

Laborer in N. O. custom-house

Surveyor-general, New Orleans

Night inspector N. O. custom-house at $2.50 per day, or.

Messenger in N O. custom-house

Inspector in N. O. custom-house at $2.50 per day, or

'■ " " $90 per month, or..

Clerk in N. O. custom-house

Cashier " "

U. S. gauger at New Orl«^ans

Night inspector N.O. custom-house at $75 per month, or

Laborer in N . O. custom-house

Inspector in N . O . custom-house at $3 per day

Laborer " '• 25 cents per hour, or.

Night inspector N. O. custom-house at $75 per month, or

Rt venue boatman at New Orleans

U. S. gauger at N. O. custom-house

" deputy collector at New Orleans

*' commissioner " "

" dist. attorney " "
Night inspector N. 0. custom-house at $75 per month, or

Postmaster at New Orleans

Ganger in N. O. custom-house

Night inspector N. O. custom-house at f 75 per month, or

U. S. appraiser. New Orleans

Laborer in N. O. custom-house

Storekeeper N. O. custom-house

Night inspector N. C. custom-house at $75 per month, or

Captain of night watchmen at N. O custom-house

United States boatman, New Orleans

See testimony of James Lewis, on p. 649 of evidence

Appointed since he testified. (See telegram in evidence)

house draw annually

Examiner in N. O. custom-house .^

Niyht iuspecior N. O. custom-house

Assistant weigher, N. O. custom-house

Inspector New Orleans custom-house at $3 per day, or.

Salary.

$1,500

1,400

8,000

720

720

1,500

720

900

10,360

2,000
1,600
1,080

4,680

600

1,800
900
600
900

1,080
600
500
Fees.
900
600

1,090
720
900
600

1,500

1,000

Fees.

200

900

900

3,500

Fees.

900

3,000
600

1,410
900
600
750

30,070

1,R00

900

1,200

1,080

4,980

RECAPITULATION.

8 senators receive $10,360

3 senate officers receive , 4,680

M members of the house receive. 30,070

4 house officers receive 4,980

47 members and officers draw 49,490

294 THE GREAT FKAUD OF 1876.

THE GREAT FRAUD OF 1876.

When the polls closed Tuesday evening, November 6, 1876, Samuel J. Tilden
and Thomas A. Hendricks were by the ballots in the boxes elected President and
Vice-President of the United States. By a popular majority of more than a quar-
ter of a million of all the votes cast the Tilden and Hendricks electors, to the
number of 196, were beyond a possibility of doubt elected.

By, midnight, November 6, 1876, the fact of the election of Tilden and Hen-
dricks was known at the rooms of the National Republican Committee, in the
Fifth Avenue Hotel. There were present there Zach. Chandler, chairman of the
committee, R. C. McCormick, secretary, George F. Edmunds, Senator from Ver-
mont, W. E. Chandler, member of the committee for New Hampshire, Chester
A. Arthur, collector of the port of New York, Alonzo B. Cornell, naval officer of
that port, and divers other more or less important Republican politicians. There
was a consultation. The news received from Louisiana leh no shadow of doubt
that the Democrats had carried that State by a clear majority of from 6,000 to
10,000 votes. That elected Tilden and Hendricks. The probabilities were that
Florida and South Carolina had been likewise carried by the Democrats. It was
absolutely certain that, excluding Florida, Louisiana and South Carolina, 184
Tilden and Hendricks electors had been elected. To make a majority of the elec-
toral votes for Hayes and Wheeler the Republicans must have the votes of Flor-
ida, Louisiana and South Carolina. This was the task the Republican conspir-
ators in the Fifth Avenue Hotel set themselves to accomplish at midnight, No-
vember 6, 1876.

To be successful they must have the countenance and assistance of the Presi-
dent of the United States, Ulysses S. Grant. Time was precious. There must be
instant and safe communication with him. He was known to be in Philadelphia,
accompanied by Don. Cameron, Secretary of War. There was no train to Phila-
delphia till foiir o'clock the next morning. A messenger by that train could not
reach and communicate with Grant before seven o'clock. That might be too late.
It would not do to use the wires of the Western Union or Atlantic and Pacific
Telegraph Companies, for a tell-tale record would be left behind. It was sug-
gested by some one of the conspirators, having knowledge of the fact, that Jay-
Gould had a private wire connecting his house and Philadelphia. This intelli-
gence was a ray of hope to the desponding and well-nigh hopeless conspirators.
To Jay Gould's house, after midnight, the chiefs hastened. It is certain that
Chandler, Edmunds, Cornell, and Arthur, were of the number. They roused
Jay Gould from his slumbers, stated the object of their visit at that unseemly
hour, and were admitted. Then their confidential telegrapher began the work of
finding Grant and Cameron in Philadelphia. It was not an easy job. Neither
Grant nor Cameron was at his accustomed haunts. Messengers scoured Phila-

THE GREAT FRAUD OF 1876. 295

delpliia for them. After much delay, to the inexpressible relief of the conspira-
tors in Jay Gould's private ofHce, the confidential operator announced that Grant
and Cameron had been found, and in a few minutes would be at the other end of
the wire. The ticker presently ticked off " all ready," and then began in the
small hours of the morning of November 7, 187G, the communications between
Zach Chandler, at Jay Gould's house in New York, and Grant in Philadelphia,
which laid the foundation for the Great Fraud of 1876.

Chandler briefly informed Grant of the situation. The Democratic 184 elec-
toral^ votes certain without Florida, Lousiana and South Carolina. It was very
evident that the ballots in the boxes gave them Lousiana by a large majority and
that Florida and South Carolina were probably the same way. With either one
of these three states, Tilden and Hendricks would be elected, without all three of
them Hayes and Wheeler could not be counted in. It was necessary, to accomplish
this, to have not only the countenance, but the active assistance, of the Federal
government. There must be troops sent to Florida, and the Federal force in
Lousiana must be increased. To every demand Grant responded " it shall be
done ." The orders for the disposition of. the troops were given by Cameron, who
left Philadelphia on the first train for Washington. The next day— the very day
after, this colloquy and conspiring to defeat the will of the people — came Grant's
hypocritical telegram from Philadelphia declaring his purpose to see a fair count
and saying that no man worthy to hold the high office of President could accept
it if it was obtained by unworthy means.

Meanwhile to Florida, Louisiana and South Carolina and everywhere went the
false, but encouraging telegrams of Zach Chandler, "Hayes has received 185
electoral votes and is elected." Swift messengers left New York on the first trains
Nov. 7th for Tallahassee, Columbia and New Orleans. The shrewd and wily
William E. Chandler went to Florida prepared for every emergency, and equally
reliable and unscrupulous men were dispatched to Louisiana and South Carolina.
The uncontradicted testimony of men who were familiar with the situation in New
Orleans and with the hopes and fears of the desperate carpet-bag politicians was
taken. This establishes the fact that they were hopeless during the first tv. enty-f our
hours after the election. Then came the reassuring telegrams of Zach Chandler,
and as fast as steam could bear them on express trains' came also the visiting
statesmen. John Sherman and James A. Garfield with others , went to New Or-
leans. Noyes, now Minister to France, and others to Florida, while the Chief
Justice of the courts of the District of Columbia headed the delegation to South
Carolina. The Second Assistant Postmaster-General, accompanied by a retinue
of detectives, special agents of that department, went to Florida, and the Secret
Service force of the Treasury Department was scattered through South Carolina
and Louisiana to serve the purposes of the conspirators. The complete history of
the work that was done in those states to accomplish the monstrous conspiracy,
the double-dyed villainy of the visiting statesmen, the perjuries they were privy
to, the forgeries they countenanced, will never be fully told. Enough, however,
has been imptri&hably recorded to make all who were concerned therein eternally
infamous.

The most complete as well as the most succinct account of the frauds by which
the electoral votes of Florida and Louisiana were stolen from Tilden and Hen-
dricks will be found in the Potter Report, made to the House of Representatives
at the third session of the Forty-third Congress, which we here append in full.

296 ELECTORAL FRAUDS IN THE LATE PRESIDENTIAL ELECTio:

ELECTORAL FRAUDS IN THE LATE PRESIDENTL/VL

ELECTION.

Mr. Potter, from the select committee on alleged electoral fra.ds in the late presidential elec-
tion, submitted the following;

The committee appointed by the resolution of the House " to inquire into the alleged fraudulent
canvass and return of votes at the last prt-sidental election in the slates of Louisiana and Florida,'"
and who, by a subsequent resolution of the House, were authorized " to inve^tigate frauds touciiing
that, election in any state where they had probable cause to believe the same existed," respectfully
report :

That they proceeded at once to the discharge of the duty imposed upon them. They have ex-
amined over two hundred witnesses, and taken about 3,000 closely-printed pages of testimony.

INVESTIGATION CONFINED TO FLORIDA AND LOUISIANA.

No application having been made to them, either by any member of the committee or of the
House, or from any other quarter, to consider any matter conected with that election in any other
state, they have confined their inquiries to the said states of Florida and Louisiana.

WHAT CONGRESS SHOULD INVESTIGATE.

The Constitution provides that each state shall direct the manner in which its electors are to be
appointed. Their appointment is therefore conducted under state law and determined by state
olticers.

Wrongs in connection with state elections are not novelties. The stuffing and destruction of
ballots and alteration of figures have heretofore occurred, and it is within the power of the states
in which such frauds occur to punish them. Such cases do not require investigation by Congress,
because as to none of them has it any power to remedy or punish the wrongs committed. But
frauds in the appointment of electors directly affect the choice of a President, and therefore de-
mand investigation by the Congress.

FRAUDS IN QUESTION UNPRECEDENTED.

The frauds alleged in connection with the appointment of electors in Florida and Louisiana in
1876 were entirely unprecedented.

For the first time in the history of the government electoral votes, challenged as fraudulent and
false, were nevertheless received and counted, and did in fact change the result of the election.

In Florida the board of state canvassers usurped discretionary powers and reversed the result
of the votes cast. They did this in the presence of certain visiting statesmen sent there by the Presi-
dent of the United States, and surrounded by Federal troops (.McLin— Fla., 144-\5).

That state, by every department of its government— legis ative, executive and judicial— there-
upon protesti d against this action of the state canvassers, and declared that the persons thus certi-
ficated were not iis electors, and did not represent the state. Nevertheless, it was decided by th6
Electoral Commission that during the few hours those men pretended to be in office they did repre-
sent the state or Florida and did exercise its discretion. The-Presi .ent of the United States holds
his p ace by virtue of their action (Electoral Count. 1, 2-24).

Such action may be rei)eated in any state at any Presidential election, and if the Congress can-
not prevent this altogether, it is at least within tlieir power to adopt measures that will atford the
state in which it may occur an opportunity to annul the fraudulent action so taken, and recall the
pretended vote so cast through usuipation, before the same is finally received and counted as her
genuine vote.

On the other hand, the election in Louisiana was determined by a partisan returning board, ex-
ercising discreti<mary revisory power over the votes cast. This power was unauthorized, but even
if au horizcd, the board fiagranlly and outrageously abused it. They were supported in its exercise
by vi.xiting stat smen, sent also t)y the President to Louisiana. They were surrounded, while
engaged in it, by Federal troops (Post, 20-1 ; Post, 28-29).

Here, then, was disclosed a new danger. A discretionary power over the result of an election in
a state bj' one of the parties, to be exercised with the aid of external influence anu patronage, and
with the protection of Federal troops, is, of all conceivable things, the greatest mockery in the
way of an election and the greatest d.inj;er to free government.

It became, therefore, the duty of Congress to inquire in o these frauds in order to correct them
when within its power, and when not, to recommend to the btate legislation to that end.

To refrain from inquiry into gross wrongs is to invite their repetition.

CONDUCT OF THE INVESTIGATION.

In conducting this investigation, the committee have not been unmindful of its diflliculty and
importance, and have endeavored to conduct it w ith absolute and judicial fairness.

ELECTORAL FKAL'DS I.V THE LATE PKESIDEXIIAL ELECTION. 297

Since it was unavoidable in an investigation of this niagnitnde that much secondary testimony
should be received, some of which might thus unjustly involve the fair fame of individuals, we
thought it proper that the Republican members of the committee should decide whether the
sessions of the committee should be private or open ; and on their determination at last that the
session of the committee should be open, it was so ordered.

We have called eveiy witness that was required by the minority of the committee in respect of
questions at issue; and as to any other matters, we have endeavored to adapt our conduct to iheir
wishes.

Generally we have desired that every opportunity consistent vvith our means of ascertaining
the truth should be aftbrded to all concerned: and we are glad to know that in this respect there is
no difference in the committee, and that the majority and minority are alike agreed that every
proper facility has been afforded by each to the other. No complaint, in respect of the conduct of
the committee, has been expressed by any member of it.

DIFFICULTIES OF SCCII AN INVESTIGATION.

An investigation into the conduct of a party in power, conducted by a committee set on foot by
the opposition, is necessarily s.ibject to great difticuities and embarrassment.

The power of such a committee to elicit truth is limited to the willingness of witnesses to speak
it; for when witnesses choose to withhold or pervert the truth they can do so without fear of pun-
ishment, since punishment is alone lodged in the hands of those for whom the truth is withheld or
perverted. Men are naturally unwilling to admit frauds in which they have participated, espec-
ially when they gain nothing by the admission, and they have no inducement to admit their par-
ticipation in such 1 rands to a committee which has nothing to give them. Beyond the advantage
of telling the truth for conscience sake, the solace of chagrin at a want of due recognition or the
hope that a change in parties may bring reward for their confessions, they have no impelling
motives for such admissions.

The confessions of persons who participated in such frauds are unlikely to be made, and when
made, are not readil}' accepted as such. The committee do not doubt that some of the witnesses
who have testified before them as to frauds in the election of 1875, and their partiripations in them
have done so from chagrin and disappointment; nor that others may have done so in some hope of
a change that might result in their political preferment. But the passage by the House cf the reso-
lution that Mr. Hayes' title was unassailable put an end to all such hopes, and was at once fol-
lowed by a marked falling off in the readiness of persons who had participated in frauds in Florida
and Louisiana, and who had not been satisfactorily rewarded, to make or sustain their revelations.

POWER OF PATRONAGE TO CONCEAL WRONG.

On the other hand, the power of an administration with the absolute disposal of one hundred
and ten thousand offices, some of whose members are most interested in disposing of them so as
to sustain themselves and their action, is enormous, as has been felt at every step of tae in-
vestigation.

There is no form of continuing influence equal for convenience and control to that of an office.
If a man be bribed by a sum down he may lose it or waste it, and then the control it gave over
him will be gone. But in an office which he holds at the pleasure of the person who appointed
him he is under continuing control. While he is compliant and serviceable he receives a support;
but when he fails in either regard, or confesses where he mighr have kept silent, his supplies are cut
off and he is turned out on the w orld without means and without character, ruined by his confes-
sion of the truth.

Patronage has, besides this, the further advantage that it affords the possibility of ascribing its be-
stowment to just causes, so that, while being usea for the most reprehensible purposes, the mo-
tiv s of its use may be concealed.

It is the history of all state conspiracies that if the conspirators succeed, the means by which
they do so are rarely disclosed or published whilst their partj' remains in power.

ilow fully the administration has profited by these examples, and how desperately it has used
the Federal patronage, alike to reward and keep under control those who participated in the frauds
of 1876 and to retain witnesses in its interest, will appear.

CONFESSIONS BY THE GUILTY QUESTIONABLE.

The character of persons engaged in conspiracies, such as those in question in Florida and
Louisiana, requires that their statements, whether in confession or denial, should be received with
suspicion. It was unavoidable, from the chaiacter of those concerned, that the committee should be
exposed to mi>take and imposition. It was long ago said that the investigation of conspiracies was
alike odious and necessary, and your committee have not found this investigation any the less dis-
agreeable or any the less important than the inquiry into other state conspiracies have been. But,
however bad the character of conspirators or however unreliable their statements, there are in
transactions of the sort, when a sufficient number of witnesses can be examined and many i ems
of testimony collected, certain general patent and controlling facts from which a just conclusion as
to what occurred may be reached.

COMMITTEE HAVE RELIED ON OTHER TESTIMONY.

Your committee have therefore desired to rest their conclusions, so far as might be, rather upon
such known and patent facts and the attendant circumstances than on the confessions of any of
the parties who participated in these transactions; and they have not found it difficult, apart from
these co^ifessions, to come to a clear conclusion in respect to what in the main occurred.

MISREPRESENTATION ON THE COMMITTEE.

Your committee have noticed that very gross misrepresentations from time to time, and indeed al-
most daily, have appeared in ihe public pi ess in respect to their declarations, conduct and actions.

Although they had maintained the most absolute silence about the purposes and action of the
committee, and have conducted the investigation with the most careful propriety and fairness,
there is hardly any improper or unworthy statement which has not been falsily put in their
jnouths, nor any nefarious and corrupt purpose which has not been attributed to them. They

293 -ELECTORAL FRAUDS IN THE LATE PRESIDEIITIAL ELECTI0:N.

have, however, Kept in mind the rule which required them neither to state anj'thing about the-
action of the comm.ttee nor about their own views in respect to the matter in hand before making
thdr repo; t to the House; and having borne in silence for months these misrepresentations, they
desire to say now, in this proper place, once for all, that the same are, and each of them is, ab-
solutely without any foundation whatever.

UNIFORMITY AND UNCONTRADICTED NATURE OF THE TESTIMONY.

As regards the transactions in the state of Florida there can hardly be said to be any contradic-
tions or dispute, except to the part the visiting statesmen took in some of the occurrences there.

No witnesses have appeared to contradict the witnesses to the frauds in that state or the
general facts to which they testified.

Nor in Louisiana has there been contradiction about the transactions which took place there,
except in some degree to the question of intimidation and as to the participation in and control
by the visiting statesmen over the action of the returning board and officers of registration. So-
that, generally, your committee were not embarrassed in considering the transactions in that state
by any conflict of witnesses.

In this report they make reference to the testimony of the witnesses, as they proceed, by pages.*

I.

FLORIDA.

The board of canvassers of the state of Florida usurped revisory "power over the votes cast..
Without warrant of law thev rejected votes where they saw fir, instead of compiling them; and
that they usurped this power for partisan purposes, and exercised it partially and fraudulently, has
been in part confessed. But a-j the power usurped had no lawful existence, the motives which
inspired its exercise may perhaps be regarded as immaterial (McLni, Fla., 98).

ELECTORS — HOW APPOINTED.

The Constitution of the United States (art. 2, sec. 1) provides " that each state .shall appoint, in
such manner as the legislature thereof may direct, the electors of President and Vice-President for
that state."

The legislature of the state of Florida directed that the electors of that state " should be
elected by ballot."

The laws of Florida provide that the person havinr/ the highest. 7iumber of votes cast for any office
shall be elected to such office; tliat upon the close of the polls the inspectors shall proceed to can-
vass the votes cast; that the canvass shall be public and contiiuious until completed; that the votes
shall then be counted ; that if the number vt votes exceed the numbers of persons who have voted
according to the clerk's list, the excess publicly drawn out by lot shall be destroyed. Duplicate
certificates of the result shall then be sealed up and sent to the clerk of the Circuit Court and the-
judge of the county (Rush's Digest, chap. LXVI).

Upon the receipt of the returns the judge and the clerk are to meet at the clerk's office, and,
with the assistance of a justice of the peace of the county, proceed io publicly canvass the vote as
shown by the retuims on file, and to forward certificates of tlie result to the Secretary of State and
the governor; and within thirty-five days after the election the Secretary of State, attorney-general
and clerk of the Supreme Court are to meet at the office of the Secretary of State and canvass the
returns, and if any of the county returns " be shown, or shall appear to be so irregular, false or
fraudulent that the" board shall be unable to determine the true vote for any such officer or member,
they shall so certify, and stiail not include such return in their determination and declaration, ami
the Secretary of State shall preserve and file in his office all such returns," and the accompanying
papers.

POWER OP STATE CANVASSERS.

This was the only power given the state canvassers. They had no other povverjwhatever. The
authority thus given them was an authority to perform the ministerial duty of canvassing and
compiluig the returns of the election sent them by the county officers, except when so false,
fraudulent or irregular on their face as not to disclose the vote, and to thus airive at the result of
the vote cast. Indeed, the naked power to canvass returns of itself involved the power of discrim-
inating between what were real and what were forged or only pretended returns of the vote cast.
Such a power is a necessary concomitant of the power to canvass returns. In order to count —
whether it be voles or monej', or any other thing — it is necessary that the one who counts must
first decide as to what is to be counted. But the discretion of determining what were real returns
from the county officers, and whether they expressed a vote that could be djetermined from them,
was the only power or discretion whatever committed to the state canvassers in Florida. Such has
been held to be the law in Florida, both before and since the canvass of 1876 was made. In 1870
the Supreme Court of Florida, in the case of Boxham vs. The State Canvassers (13 Fla., '73-'77),
declared that the ''object of the law was to ascertain the number of votes cast, and determine
therefrom md certify the result of the election;" that it is the"duiyof the state canvassers to
determine whether the paper received by them purporting to be returns were, in fact, such, and
were genuine, intelligible and substantially authenticated by law," ana if so, it was their duty ta
count and canvass them.

This law was, in December, 1876, reaffirmed in Drew's case by the unanimous decision of the
Supreme Court, of which the majority were Republican. " The duty and power of the board of

* References are made to the testimony taken by the committee by pages simply, thus: p. 10;
to the testimony taken by the Florida sub-committee as Fla., p. 10; to that taken by the first
Louisiana sub-committee as La., p. 10. The testimony taken by the second Louisiana sub-committee
is embodied in the testimony of the main committee.

ELECTORAL FRAL'DS IX THE LATE PRESIDENTIAL ELECTION. 29^

state canvassersi," sa}' theCourt, in that case, " was confined exclusively to the compiling of such
"returns of any election as should come to their hands from the county canvassing boards, and
"upon computation of the aggregate vote, as shown by such returns, to ascertain who had received
" the highest number of votes for any office, and to certify the result and declare therefrom who
" was elected to any office " (Fla., 59).

Such has also been lield to be the true meaning of similar laws in the other states of the Union.
Indeed, there is no question better settled; and none as to which the view established is more in
accordance with ihe spiril of our institutions, separating government into distinct departments, iu
which the judicial, the legislative and the executive author.ties exercise distinct and independent
functions.

UNLAWFUL ACTION OF STATE CANVASSERS.

By the genuine returns made to the board of state canvassers, the Tilden electors were chosen
by a majority of 91. This iVsult the state canvassers overcame by arbitrarily and unlawfully re-
jecting portions of the votes duly returned to them. Under the claim of exercising a Uiscretion
with which they had not been clothed, they excluded the entire return from Manatee county, and
parts of the returns from the counties of Hamilton, Monroe and Jackson, amounting to over 1,000-
votes, and thereby gave the state to the llayes electors by a majority of 220, instead of declaring:
the true majority for the Tilden electors.

UNLAWFUL ACTION CONCEALED.

After all the board had heard the proofs and arguments before it" it conducted its final confer-
ence in secret. Federal troops sui rounded tlie Slate House, and access was only permitted through,
the state officials, of which Governor Stearns was the head, Throughout the whole canvass, and
before the flection, he had be^Mi alike vigilant, unscrupulous and determined. It was only on the
morning of the 6th of December that it was announced that the board had decided to give tlieir cer-
tificate to the Hayes electors. At the same time they announced that Stearns, the Republican can-
didate, had been chosen governor (Fla., 147).

TILDEN ELECTORS MEET AND VOTE.

On the same 6th of December, being the day appointed by law for the meeting of the electoral
colleges (R. S., § 135), the Tilden electors, who had received a clear majority of ail the votes cast in
Florida at the election of 1876, and who were thereby, by virtue of the constitution and laws of
the state of Florida, duly appointed the electors of that state, met and cast their votes in distinct bal-
lots for Samufl J. Tilden lor President and Thomas A. Hendricks for Vice-President (jf the United
States, and certified tlie same in due form to the President of the Senate of the United States-
(Electoral Count, 12-14).

ACTION TO TRY THE TITLE OP THE ELECTORS.

On that day, but prior 1o their meeting, and prior, also, to the assembling of the Hayes electors^
the Tilden electors also brought an action by quo warranto to try the title of the Hayes electors to
the offices which tht*y usurped. In that action judgment was subsequently given declaring that
the Hayes electors were usurpers and had no title to the office, and tuat tlie Tiiden electors had
been duly elected thereto, which judgment remaii s in full force and eU'ect, unreversed and undis-
charged.

ACTION TO TRY THE TITLE OF GOVERNOR.

At the same time an action was brought by Drew, claiming to have been duly elected as gov-
ernor of the state, for a mandamus directing the cairvassers to re-canvass the vote of the state for
governor, according to the established law of Florida, which, like that of other states, provides for
directing a re-canvass, or completion of the canvass, in case of mistake, neglect or abuse by tlie can-
vassing officers. In that proceeding the Supreme Court of Florida adjudged and declared that the
canvassinsj board had exceeded its powers, and had usurped discretionary and revisory functions
not committed to it by law, and that its duty was to count the votes returned to it, not to discard
them, and directing it to complete the canvass of the votes duly returned to them (t'la., 60, 74).

THE RE-CANVASS FOR GOVERNOR.

In obedience to that direction the i)oard of canvassers did proceed to re-canvass the vote of the
state for governor, and returned Drew as elected, and tiiereupoii he entered upon the office of gov-
ernor, ana has i- mained such, without question, ever since.

In January, 1877, the legislature of the state convened. It at once declared that it was the duty
of the state canvassers to also count the votes for electors, according to the judgment rendered by
the Supreme Court of the state, and directed that they proceed to re-canvass the vote accordingly,
and to verify the result of the election. And the board of canvassers did thereupon proceed to re-
canvass tlie votes in accordance with the law as settled by the Supreme Court, and as ordained and
directed by the legislature, with the result that tlie Tilden electors were found to have been chosen
by a majority of ninety-one votes (Act January 7, 1877; Electoral Count, 2-<i).

The same statute declared'the electors shown to have a majority on the re-canvass made accord-
ing to law to be the true electors, having the riiiht, and alone having the right, to cast the vote of
the state; then superadded an appointment by the legislature under the Constitution of the United
States; and also provided for a lawful and conclusive authentication of the right of such electors
to cast the vote of the state, and for the issue of true certificates by the state canvassers and the
issue of true certificates by the governor (Electoral Count, 22).

Thereupon the governor of the state proceeded to issue his certificate indue form (R. S., § 136),
declaiing, as provided by law, that the Tilden electors, which had duly met and voted on the 6th
of December, the day fixed by law, were the persons appointed to the office of electors for that
state.

DECLARATION BY THE STATE OP FLORIDA.

And thus it was that the state of Florida, prior to the second Tuesday in February, when the
votes of the electoral colleges were to be opened and passed upon and counted in Congress, as pro-
vided by the Constitution and the law, had duly declared, by every department of her government

ELECTORAL FRAUDS IX THE LATE PRESIDENTIAL ELECTION.

— thfe executive, lesji^lative and judicial— that the votes cist at the election of 1876, in accordance
with the Constitution of the United States and the laws of ihat state, the Tilden electors were the
Irue and only electors appointed in Florida, and wen^ the onlj' persons entitled, on the 6th day of
December, 1876, to cast the vote of that state for President and Vice-President, and that the
Hayes electors had usurped the office, misrepresented the choice of the people and the wishes of the
■state.

USURPERS RECOGNIZED.

But it was impossible to get any decision by the court on the quo warranto in the few hours be
tween the announcement in favor of the Hayes elector.-* by the canvassing board and noon of that
same day; and at noon the persons who were unlawfully declar d by the state canvassers to have
been chosen electors met and assumed to cast t he vote of the state for Hayes and Wheeler. So that
while the usurpation of the state canvasser-* was corrected by the state at the earliest possible mo-
ment, and the canvassers, by withholding their declaration, had themselves fraudulently prevented
its earlier correction, and a thougli the persons wlio were really elected had duly met and voted for
President on the law day, nevertheless, the Electoral Commission decided, because of the fraudu-
lent return of the canvassing board, an 1 because the governor had fraudulently withheld his certiii-
-cates from the true electors, and given them to the persons falsely returned electors by the canvass-
ing board, thatthw spurious eh-crors wero in possession of the office on the law daj', and did exer-
cise the power of the state, and that all thc^ authorities of the state combined wer^s powerless to
give evidence, and Congress was powerless to accept evidence of the public facts which everybody
knew. And Mr. Hayes holds his title by this decision (Electoral Count, 11).

FRAUDULENT ANIMUS OF STATE CANVASSERS.

It was assumed in Florida that the state canvassers could exercise power to go behind returns,
and during some days evidence was introduced And discussions had btfore them in contemplation
of that probabilitv. It might seem, therefore, not to bo just to conclude from the mere assumption
by the state board of such powers that they intended to act falsely and fraudulently. But an exam-
ination of what they did will disclose that their controlling purpose w'as to count the state, at all
<n'ents, for Hayes. While frauds pointed out by Democrats were disregarded. Democratic votes
•enough were excluded, without just cause, to secure the result upon whicli they had determined.

A review of the votes cast returned to and rejected by the state canvassers will make clear the
fraudulent animus which controUe . the Republican members of that board

IN REJECTING VOTES.

The whole vote of the county of Manatee, which was '26:2 for the Tilden and 26 for the Has'es
■electors, was rejected for the alleged reason that there had been no clerk to conduct the registra-
tion. That there was no clerk was because Stearns, the Republican governor, had failed to appoint
one for that Democratic county. For this official dereliction on his part the board deprived all the
voters previously registered of their suffrage, and rejected the whole vote of the county (Sen.
Rep., fill, pp. 356-'64).

In Hamilton county they threw out the whole vote at poll No. 2, in Jasper precinct— where the
vote was 320 for the Tilden electors and 189 for the Hayes electors— withoat any charge of illegal
voting, but on the alleged ground of irregularity, because two Republican inspectors who conduct-
ed the election and made the return-*, filed an affidavit before the board, stating that they had
-absented themselves from the polls diflEerent times during the day (Ibid., pp. 151-154 ; ibid., pp.
416-425).

In Monroe county they rejected the return of 401 Democratic and 59 Republican votes because
the canvass was not completed that day, the inspectors having adjourned and completed it th • next
morninsr, although there was not even a suggestion of wrong in the count or custody of the bollots.

In Jackson county, Campbellton prec net— giving 291 Democratic and 77 Republican votes— the
vote was entirely thrown out. although it was not even claimed that more than 133 Republican votes
could have been given, becaus-' the inspectors went to dinner and left the ballot-box meantime
carefully locked in a secure place, also locked and barred, placing the keys in the possession of the
Republican inspector, who ceriified to the returns and testified that there was no fraud nor wrong
about the election. And the return for Friendship precinct, giving 145 Demoeratic and 44 Repub-
lican votes, was rejected, because the inspection officers, who were colored, left the church, where
the election was he id, at night, without completing the count, to go to a neighboring hous ; to get
lights and paper to complete it, and there made their return ^Ibid., pp. 175-178; ibid., 2:)l-'2).

IN RECEIVING VOTES.

On the other hand, frauds by which the Democrats suffered were disregarded.

In Alachua, Dennis was the chairman of the Republican committee, and the virtual manager of
the Repul)licans in the county. To ids house, on the night following the election, came Richard
H. Black and Thcmias H. Vance, two colored men who had been conducting the election at Archer
l>recinct, box2 ; Vance as inspector and Black as clerk, both leading and managing Republicans
<Dennis, 477; do. 494; Fla., 155-171).

They brought with' them a blank for the returns of the election already signed and sealed, but
as to which the figures remained to be filled in. They were asked by Dennis what was the
vote at the precinct where they attended, and they informed him that it was 178 Republican and
141 Democratic ; and ihey had so announced it at the polls. At that he expressed great indigna-
tion, and declared that the business had not been properly managed, or no such result could have
been reached. They expressed contrition, and their willingness to correct any error that h id oc-
curred in the returns. He accordingly furnished them with an upper room, and with a printed list
■of the voters of the county, and from that printed list they proceeded to add 219 fictitious names to
the poll-list, and as many to the Republican candidates. This brought the vote up to a total of 31)7
Republican and 141 Democratic, and their return was filled up to correspond with this result. This
fraudulent return was then forwarded to the county canvassers, and embraced in their return to
the state canvassers, notwithstanding one of the inspectors at that pole made aflidavit the return
Avas false and forged. The visiting statesmen allotted to Governor Noyes the task of maintaining
the truth ' nd fairness of this return before the state canvassers (Dennis 492, 493, 494; Fla., 169;
Dennis, 492-'4, 483, 486, 493).

^ • • * *

ELECTORAL FRAUDS IN ^HB LATE PRESIDENTIAL ELECTIOX. 301

These returns were attacked by the Democrats on the grounds of this addition. Dennis defended
them. Th«^ bonrd allowed them. McLin, one of the board, and Dennis, Black and Vance were all
subsequently appointed to office bj' Hayes. McLin and Dennis were thereafter retired, and McLi«
then admitted the fraud in Alachua, and Dennis confessed his participation in it. Black and Vance-
have been in attendance on your committee, but have not appeared to deny the transaction. They
still continue to hold their places in the departments. The transaction it>^elf, therefore, may be^
said to remain uncontradicted (McLin, Fla., 12!)-1S0; Fowle, Fla., 151-154).

In i.eon County, Bowles, one of the int^pectors of the election procured a lot of small Repub-
lican tickets, to be printed in very fine type and on thin paper. These tickets, spoken of in Florida
as '-little jokers," ne had printed at the olficial Republican printing ofhce. Before the election he
showed them to McLin, and stated liis purpose of u>ing them. The plan was to fold them up inside
the ballots that were voted, and havo them surreptitiously so cast, or otherwise to smuggle them
into the ballot-boxes, which their small size easily admitted of. McLin advised Bowes not to use
them. After the election Bowes stated that he had managed to smuggle seventy-three of them
into the boxes in his precinct, and he told McLin, after the state had been awarded to the Demo-
crats, and it was known Drew was to be governor, that he was in a scrape on this account, and that
he had to clear out for stufhn^ the boxes. It was claimed, because these ballots were found loose
in the box, and not folded inside the other tickets, that they had been regularly cast; but it would
have been very easy to have produced that effect, either bv some other manner of stuffing the box
than the one originally proposed, or by shaking the box after they were deposited, and thus scat-
tering them, and that circumstance was of no weight against Bowes' own a mission, and against
the evidence of the persons receiving the ballots, that not one of these small ballots was votf^d.
Bowes fled the state for protection, and found a refuge in the Treasury Department at Washington^
where he still remains (Fla., 99; Edwards, Fla., 94-7; Fla., 129, 152, 153; Booth, 153).

In a certain precinct in Jefferson county, where Bell was inspector, the inspectors tied up the-
tickets into bundles of one liundred each iuid laid them out on a counter. Bell ingeniously with-
drew one of these bundlps, probably all Democratic votes (but whether all such or part only and
part Republican, perhaps, does not clearly appear), and substituted instead one hundred Republican
ballots; for which little service— early admitted and confessed also to McLin when the Democrats
recovered the state— Bell found a haven in the Department of the Interior (McLin, Fla., 99, 126-
130; ibid., 126-l:i0).

THE FACE OF THE RETURNS.

It has oeen denied upon the face of the returns the Tilden electors had a majority of the votes-
cast.

The Executive and the Repuplican officials of Florida who conducted the election well knew
the iuiportJince of bavin*' a majority on the face of the returns, and they made the most desperate-
efforts to secure one. But it will be seen that the effort failed, and that only after it was learned
that the returns gave the Tilden electors a majority that the expedient of assuming unauthorized
discretionary power was resorted to by the state canvasser.-*.

About, this there ought to be n ) dispute. The returns from the various counties, as certified ta-
the board of state canvassers, gave 24.441 votes for th-) Tilden electors and 24,350 votes for the-
Hayes electors. An attempt was made to falsify the returns from Baker county so as to reverse the
result. The history of this attempt, as told by the Republicans who conducted it, and confirmed
by all the evidence, is significant (Bloxham, Fla., 54).

BAKER COUNTY FALSE RETURN.

The law required the county clerk (clerk of the Circuit Court of the county), county judge, and a.
justice of the peace for the county, to canvass the precinct returns as soon as they were all received,
and if not then all received, to canvass those received by the sixth day after the electi-m, and
certify the result to the secretary of state and governor (Coxe, Fla., 11 and 47).

In case of the absence or refusal of the county judge or clerk to act, the sheriff of the county
was to be called upon to act in his place. The canvass was to be conducted publicly at the clerk's-
office (Coxe, 11 and 47).

The returns having been all received, Coxe, the clerk of the county, notified Allen, the s.uriff,.
in the absence of Driggers, the county judge, to attend on the 10th of November, at the place pre-
scribed by law, to canvass the returns. A like notification was given to Dorman, the justice of
the county. Dorman attended, but Allen, the sheriff, refused to join i;i the canvass, which the-
clerk and the justice thereupon proceeded to make and return to the secretary of state. The-
county contained four precincts, the votes from ail of which were embraced in this canvass, and
gave 238 votes for the Tilden and 113 votes for the Hayes electors (Coxe, Fla., 12; Bloxham^
Fla., 7).

Driggers, the county judge, hearing of this canvass, on the 10th of November gave written
notice to Coxe and to Dorman of a canvass to be held on the 13th of November, that being the
latest day allowed by law for canvassing the returns. He then went to Tallahassee, and there
learned the result in the state, a d that tiie vote of Baker county gave the state to Tilden. He pro-
cured there from Stearns, the governor, a commission to oue Green, as a justice of the peace, and
returned to Sanderson. On the Kith Dorman and Coxe attended, upon the notice which Driggers
had given, to proceed with the canvass. Driigers absented himself part of the day, but they sub-
sequently found him, and he then refused to join them in the canvass. Thev then applied to-
Allen, the sheriff, to join in making the canvass, and he, under instructions from Driggers, rifused.
also. Drigj;ers told Allen that " they (the Republicans) were beat in the state; that something
must be done," and that " he proposed to have a canvass by himself." Allen asked him how he
could get any one to act with him. and he said he "'had got it all right ;" that he "had a com-
mis.-ion for Bill Green as a justice of the peace" (Coxe, Fia., 16; Driggers, Fla., 33; Coxe>
Fla., 14-17 ; Allen, Fla., 18 ; Green. 25).

Coxe and Dorman, after waiting all the day, proceeded, late in the afternoon, upon the refusal
of both the sheriff and county judge to join them, to complete the canvass themselves. This cor-
responded exactly with the cainass made upon the 10th ; and they certified the result, with an
explanatory note, stating the refusal of the other officers to participate in the canvass, and left ancL
locked up the clerk's office (Coxe, Fla., 12).

After dark Driggers procured a key to the clerk's office, and taking Allen and Green with him^
entered and found the returns lying on the table, where Coxe and Doiman had left them . He then.

S02 ELECTORAL FRAUDS IN THE LATE TRESIDEXTIAL ELECTION.

told Allen and Green that they must throw out two precincts— Darbyville and Johnsville— which
^ave Tilden a majority of 126, and they excluded tliem entirely, and took the addition of the votes
of the other two precincts made l)y Coke and Dorman, and returned those two jjrecincts alone as
the vote of the county. In excluding from the returns the two precincts that they did, Alien and
Green acted solely upon Drig^ers' direction. They had neither proofs, ftffidavits nor other evidence
of any kind before them ; but Driggers said tliat he knew one case of 'llegal voting in one precinct
and one of intimidation in another, and they must exclude these precincts, and that it was
necessary for the success of the Republican party in the state that they should do it ; and they did
it (Allen, Fla., 19 ; Allen. Fla., 18 ; Driggers, FI i., 33 ; Green, 25).

When the board of state canvassers came to Baker county, having before them the returns from
all the p ecincts, with which of course the Coxe riturn corresponded, tliey properly took the Coxe
return and canvassed it. McLin first read out the Driggers return as if the only one received, be-
I ause, as lie savs, "it was the one mO!-t favorable to the Republicans.'' But on the other return
being demanded, the fourth-precinct return was reluctantly produced, and was then read, and was
canvassed. This left a majority upon the face of tiie returns for the Tilden electors and for Drew,
the Democratic candidate for governor. But by exercising the arbitrary power of rejecting votes
from other counties, the state canvassers succeeded in brimring out majorities for the Hayes
electors and for Stearns, the Republican candidate for governor. But none the less it remains
that according to the face of the returns llie Tilden electors were duly cho«en in the state of
Florida, and should have been so declared (Pasco, Fla., 5.5-56 ; McLin, Fla., 105).

It was claimed that if tlie canvassers must count by the face of the r turns, they were bound to
count the Driggers instead of the fidl returns from Baker county, because it was signed by the
judge, a justice and the sheriff, while the full return was only signed by the cleik and a justice.
But'the sheriff had no pow^r to act excej)t when the clerk or judire did not. And as the returns
phowed that bith the clerk and juilge had acted, they furni-hed the board the evidence on their
face that the contingency in wliich alone the sheriff was authorized to act had never occurred, and
that his action was a nuility. The board had. therefore, before it two returns, each signed by two
authorized officers only, one returning the vote of but two pncincts, the other returning the vote
of all the precincts in thf; county and explaining the absence of the judg3 and sheriff. On the face
of the returns, therefore, the latter was a complete, tlie Driggers return only an incomplete and
partial return ; and, under the circumstances disclosed by the returns, one suggestive of fraud.

BAD FAITH OF THE STATE CANVASSERS.

The conduct of the two Republican state canvassers subsequent to thi-< canvass shows their
•want of good faith ; for, aft r the direction of the Supreme Court requiring the re-canvass of the
vote for governor, they volunteered to re-canvass the vote for the electors in accordance with
its decieion in the cas ■ of the vote for governor — that is, according to the true returns before them.
As doing this would give a majority to the Tilden electors, when they came to Baker county they
took the return Driggers had manufactured, containing but two precincts of that county, and
thereby made the result seem to be, npon the face of the returns, for Hayes. But as between the
double returns from this county it was within their province to decide, and as they had the facts
• and the precinct returns before them, and had previously determined that the Driggers return was
jiartial and false, their ndopting it on this canvass, under the f Ise jiretense of oliedience to the
court, was another fraudulent act in violation of rghtand law to make it falsely appear that the
sta'e had gone for Hayes. Especially clear is this, as in both their canvasses of the governor's vote
Ihcv included the fourth-precinct return cf Baker county (McLin. Fla., 107 ; McLin, Fla., 127).

ilowell, an employee in the clerk's office of Baker county, claimed the credit of causing the
Drisgers canvass, and insisted that it was he that liad secured Mr. Hayes' election, as the double
returns from that county furnished the pretext for counting it for Hayes ; and he was rewarded
for his ingenious device by being made tJnited States collector of the port of Femandina (McLin,
Fla., 141).

THE ACCURACY OF THE PRECINCT RETURNS.

An application was made to your committee to show that the precinct returns in the state of
Florida did not corre.spond with the votes actuallv offered. That evidence we declined to receive.
An inquiry as to whether the local election officers of the state of Florida had improperly received
or rejected any votes would be nei:her profitable nor practicable. Such an inquiry would involve
^jvidence not only as to what took place before them, but as to the residence, naturalization, or other
fitness, as well of the persons whose votes were rejected as of those whose votes were received,
and might be so conducted as to extend to every man in the state, and its completion thus be
made absolutely impracticable (Allen, Fla., pp.. 22-3).

Beyond this tlie laws of the state of Florida do not contemplate such an inquiry. The laws
require the precinct ofticers to count the votes cast, so far as they tally with the poll-list, and re-
turn the same to the county officers, who are to compile and forward the votes thus returned them
by the precinct ofticers to the board of state canvassers : and the state lias withheld from them
iny other authority. When the precinct officers and the county officers and the state officers had
exercised these powers, and the only authority vested in them, the result showed that the state
had cast its vote for Tilden. That vote had been ascertained by the means provided by law, and
an inquiry into the purpose or wishes of the individual voters would have been alike impracticable
-and without the law of Florida.

In vi'.'W of the control which the Republican state officials exercised over the election and
TCti.rns throughout the state, and their determination to use every possible influence, power and
opportunity to have the state counted for tlie Republicans, it is quite certain that no injustice
could, on the whole, have been done to their own party by the local officers of election . But had
it been otherwise, it was not within the authority of Congress to correct the evil, nor within its
powers efficiently to investigate it ; and we therefore riecided not to enter upon an inquiry such &•*
the state had not provided for, which could not be brought to any conclusion within the term of
this Congress, and which could result in no fact important for the determination of the real ques-
lions involved in the investigation.

THE DECISION OF. THE ELECTORAL COMMISSION.
As is well known, the Electoral Commission, by a strict party vote. refu«ed to inquire into fraud
in the appointment < f '.'lectors, and refused to receive evidence thereof or to inquire into their title,

ELECTORAL FRAUDS IX THE LATE PRESIDENTIAL ELECTION. 303

and refused also to recognize the vote cast by the electors appointed in accordance with the Con-
stitution and the laws oif Florida, and which, upon ihe completion of the canvass directed by the
legislature, and conducted iu accordance with ihe judgment and direction ol the Supreme Court,
had been verified as the only real appointment by Florida. They persisted in counting instead the
vote given by the usurping electors on the 6th of December for Hayes and Wheeler, which is the
foundation of their title.

And yet, as has been stated, there is really no question or dispute about what did occur in the
state of Florida, and it is evident from all the proceedings in that state that, according to a true
return and canvass of the votes cast, a majority of the votes of that state were cast for Tilden and
Hendricks, and not for Hayes and Wheeler.

Nor can it be doubted, from a review of the undisputed facts, that the action of the state authori-
ties in falsely returning the state for Hayes and Wheeler, was an intentional wrong, fraudulently
^nd knowingly carried out under the encouragement of the visiting statesmen.

THE DANGER FROM THAT DECISION.

Such a wrong may be repeated in any state at any Presidential election, and the Electoral
Commission has decided that, if it be not corrected by the state before the first Wednesday of De-
cember following the election, it cannot, under existing laws, be corrected at all, and that the vote
of the usurping electors must be counted.

This we think an erroneous, unjust and dangerous determination.

The exercise of choice by one entitled to suifrace cannot be said to be complete until his vote
is finally deposited. If a man were to approach a poll, and offer to vote by handing up a ballot,
a.nd his vote should be cliallenged, and he should be subjected to question, and finally be required
to swear in his vote, and the ballot he tendered should be passed up from the otticer who received
it to one who compared it with the registry, and from him to one who administered the oath and
conducted the examination, and finally to that oflicer who was to deposit it in the ballot-box, and
at the last moment the latter should remark to the voter : "I notice you vote for A B," and the
voter should reply. " No ; that is a mistake; I had a wrong ballot put into my hand ; I intended to
vote for C D; give me back tliat Ijallot ;" every one would say that the correction was in time, and
that the voter would have the right to recall ti.e ballot wh.ch he had mistakenly passed up. Just
so, it seems to us, that when, by the fraudulent and unlawful action of the canvassing board, men
received certificates as electors who were not entitled to them, and thereupon assumed to cast the
vote of the state, there remained iu the state, until the return was finally opened and Congress
came to decide what were the electoral votes, a power to annul the action unlawfully taken, and to
declare that the vote thus returned was not her vote.

AND ITS INJUSTICE.

The Tilden electors, who had a majority of the votes cast at the President.ai election in Florida
in 1876 were, by virtue of the Constitution and the laws of Florida, thereby appointed the electors
of that state. It then only remained to declare their election. That the canvassing board fraudu-
lently declared persons not elected to have been appointed, or that the governor fraudulently with-
held his certificate from the true electors, did not affect the right of the Tilden electors, and when
they met on the day fixed by law and cast their votes for President and Vice-President, theirs were
the only votes for those offices entitled to be given, and when that fact was made to appear by the
miction and declaration of every department of the state government, no other votes should have
been counted.

Neither the Constitution nor any law in purstiance of it limits the state from offering evidence
to verify its vote or prevent the Congress from receiving such evidence at any time before they
iict in receiving and counting, or refusing to receive, the votes certifi'-d as the vote of the state.
And the Constitution makes the two Houses of Congress the exclusive and final judge of what
•electoral votes shall be counted.

REMEDY RECOMMENDED.

But, since the Electoral Commission have otherwise decided, we recommend the passage of an
act providing that in case of contest as to the choice of the electors in any state, if the hisrhest
court of the state shall hear and piss upon the title of the contesting electors, its judgment, when
certified to the Congress any time before the second Monday in February following the election,
shall be controlling upon that question, unless the two Houses of Congress otherw'ise order and
^igrec.

MR. notes' CONDUCT.

It was claimed, and this was the only ])oint upon which there was any conflict in the evidence,
that the wrongful action of the state authorities was not procured by the co-operation of Mr.
Noyes, and that he, at least, had no knowledge of their fraudulent purpose and conduct (Dennis,
478; McLin, Fla., 100).

Mr. Noyes seems to have been regarde'd as the leader of the Republican visitors and special
friend of Mr. Hayes. He often spoUe of Haj'es as his intimate friend, and gave assurances of
Haves' fidelity to the Republican cause, and his special desire to take care of Southern Republi-
cans. He occupied, while at Tallahassee, the same room with Gen. Lew Wallace.

He di-nies having made Mr. McLiu any jiromise of office or reward for his conduct on the can-
vassing hoard, and Gtn. Wallace says the assurances which McLin received were from him. As it
was known th it the Presidency was at stake, and telegrams fi om all parts of the country were
-coming in to the offic-als and canvassing board of Florida to stand firm, it doubtless '-goes without
sayinjr"' that [McLin and Cowgill knew they were to be compensated or rewarded for any service
that they did either party at that juncture, and Mr. Noyes admits having waited on McLin imme-
diately after the canvass to thank him and offer his services to obtain reward for him (McLin,
Fla., 98 and 100).

He denied having even had any private conversation with the canvassers. But as to this he is
probably mistaken (No3-es, 504; Cocke, Fla., 149; Mcintosh, Rippey, ISS,); Denni-», 478-481).

There wa-* somedou'^t about the sincerity of the visiting statesmen's desire to save the state for
Stearns, the idea being that they cared only for Hayes. The Republicans known as carpet-bag-
gers had an Indignation meeting over this. Dennis had heard that Gen. Barlow had been negoti-

304 ELECTORAL FRAUDS IN THE LATE PRESIDENTIAL ELECTION.

ating with the Democrats to have the state counted for Haj'es and Drew, and he wont, as the rep-
resentative of th • carperbaf? Republicans, to see Mr. Noyes, whom, he says, they re<?arded and
who was generally understood to be the personal representative of Mr. Hayes. He found Noyes
and Wallace in bed, and in an excited manner stated the alarm he and his friends felt, and added:
" We had determined that tlie state belonged to Tiiden and Drew or to Hayes and Stearns; that it
did not belong to a Republican President and a Democratic governor." He demanded that the
management of the Republican case before the canvassing board be tauen away from Barlow;
"that they believed there was a trade going on, by which the national ticket was to be saved and
the state ticket sacrificed; and that l hey intended to give the state to Tiiden in that event, if they
could, and that they believed they could."' At this Isoyes and Wallace both got up, went speedily
out, giviiig Dennis satisfactory assurances; and the residt was, that the management beforie the
board was transferred from Barlow to Noyes.

Noyes admits the visit; says Dennis was greatly excited; complained that the local Republicans
considered they were being sold out; demanded that the conduct of the case should be taken from
Barlow, ''and threatened all sorts of things— 'to give up,' try to do nothing'— if the demand
was not acced d to." Koyes adds that Dennis did not explain what he meant by selling out: that
he neither understood nor thoujiht about how it was j)o.-sible, at all, and only acted as he did to
accommodate Dennis and his friends, who were angry and distrustful (Noyes, 499).

Dennis further states, that in the Alachua case, in which he procured the affidavits to support
the false returns, Noyei notified Dennis of his intention to call him as a witness; Dennis objected;
"told him he must not do it, unless lie wanted to give up his case, or words to that eltect." "I
wanted him," he testifies, "to understand that I objected to going on the stand, and it would do
no good to put me there. He asked for no cxpl.ination, and I gave him none, and left him to draw
his own inferences." "He knew that I was familiar with the election proceedings in Alachua
county, and in getting the evidence. He knew that I did all the work tliere myself (Dennis, 482).

iNoyes states that he asked Dennis to be sworn because he had msisted upon the correctness of
the Alachua returns, and hud undertaken to i)rove it, and had proved it to his own satisflaction;
but that he had learned that Dennis' life had been threatened; that he had heard smiewhere of his
calling together the colored i)eoi)le of the vicinity, and having them kneel down and raise their
hands and "swear that if he was killed they would lay waste in every direction and avenge his
death." " That," he adds, "made an impression on n'le. Knowinir, therefore, the danger which
he and others regard<d him as being in, the impression I got was that he did not wish to tt stify so
as to bring himself into conflict with anybody, especially, perhaps, because he himself was n candi-
date for the Senate, and his own election was at stake. That was the only impression 1 had'^
(Noyes, 497).

Many persons may regarl these explanations as far from satisfactory, and, unfortunately for the
last explanation, it has appeared that Dennis' own election was not at all at stake, having been pre-
viously decided, and that, so far from having been alarmed or having considered himself in very
great danger, he had never been alarmed at all. On the contrary, he told Mr. Noyes " ll:at it was
often necessary to assume a bold and aggressive attitude; and, as illustration, said that ho was
once going to Noonansville to hold a meeting, ai d was warned l)y, perhaps, two or three citizens
not to speak, that it might lead to adisturbauce that might endaiigir his life; that he went on tO'
the meeting and spoke, and stated the warning, and asked the audience if anything happened io
him if they would retaliate and avenge hiin, wiiich they expressed their willingness to do. He was
not intimidated, and never gave Noyes the impression that he was; that, after learning of Noyes'
testimony, bespoke to Noyes and told him it was wholly imaginary, and that he wi-'hed him to
correct it; that he promised to do so, but left for Europe without doing so; that he then wrote him.
and received in reply the letter to be found at page 854 (Dennis, 853-855).

Dennis adds, and it is curiously illustrative of the intimidation cry, (hat the first time he
heard of his being intimidated was on some socifll occasion, when Noyes was telling the same
storj' he testified to before the rommittee, and that when he undertook to correct him, Noyes dis-
posed of him with the reply: " Now, Dennis, do not interrupt me, this is my story; " of all of which
Noyes makes no contradiction (Dennis, 854).

Noyes was n>>t then a Federal officer; he hassince received his appointment as minister to France.
He may iiot be liable to be impeached for any action before he became minister, nor to any punish-
ment by Congn ss; and the committee, therefore, submit whether the action of state canvassers of
Florida was influenced by his conduct and action.

GENERAL BARLOW 's JUST COURSE.

Among the gentlemen sent by the Presidont to Florida was General Francis C, Barrow. His dis-
tinction as a lawyer, a soldier and a public man caused him to be regarded as a leader there. He
arguetl various questions for the Republicans, but when finally desired to sum up their whole case
before the canvassing board declined, because unwilling to insist upon all they claimed. He was
ready to sustain everything that could be rightfully urged for the Republicans, but not what was
cliaily untrue, unjust and unfair.

After the ])roofs were closed he had an interview with Mr. Cowgill, one of the canvassers, in which
he stated the necessity for applying the same principle to both i)arties. insisting that Democratic
polls should not be thrown out where, on like facts and conditions, Republican polls were retain-
ed, nor Republican polls received where, under like circumstances. Democratic polls were rejected.

As the result of the application f)f these principles to the facts before the board, he stated to Mr.
Cowgill he did not see how the vote of the state could bet'ivento Hayes. In this Cowgill con-
curred. Governor Stearns then came in, and to him G' neral Barlow repeated his views and con-
victions. Later iu the evening he made a like statement to one of the Democratic counsel, and the
following day he communicated these views to others. Mr. Cowgill having aga'n called upon him
and exhibited a change of feeling upon the subject, he then wrote him a letter reiterating his desire
to see the same rules of law and evidence impiiitially applied to both sides.

For this General Barlow was severely censured before the committee by Mr. Chandler, who had
charge in Florida of the Republican case, who insisted his conduct had been treacherous and dis-
honorable. It is conceded that General I3arlow communicated no fact to the Democrats, nor ex-
pressed his conclusions until the case was closed, and then openly and frankly to his own party
friends first; but Mr. Chandler claims that, stiinding in the relation he did to the Republican party,
he ought not to have expressed to the canvassers or to the public his conviction as to the result of
the election and the duty of the board.

General Barlow seems to have really thought that Florida ought not to have l>een counted for

ELECTORAL FRAUDS IX THE LATE PRESIDENTIAL ELECTION. 305

the Republicans unless that could be fairly done. Indeed he told Mr. Chandler Mr, Hayes would
not accept the Preeidency unless satisfied he was fairly elected. This Mr. Chandler denounces as
" a fchallow and sickly pretense " on the part of Mr. Hayes.

It aflbrds the committee satisfaction to find one man with whom, at any rate, this wag not*
pretense; and who, notwithstanding he regarded the election of Tilden " as a great national calam-
ity," was still willing to face the coldness of his friends and the accusations of his associates in the
discharge of what seemed to him, as it does to us, a paramount duty; and who did really go to
Florida for the purpose of seeing "a fair count-" That his was the smgle instance of such integ-
rity and independence only entitles him to the more respect.

LIST OP OFFICE-HOLDERS.

In conspiracies everything is to be presumed against the conspirators. In crimes participation
in the fruit of the crime is among the strongest evidences of complicity in it.

The following officers of the government were in Florida during the Presidential canvass, draw
ii g their regular salaries, looking after the canvass:

Thomas J. Brady, Second Assistant Postmaster-General.

E. VV. Maxwell, Assistant in Attorney-General's Oflice.

Peyton, " " " "

H. Clay Hopkins, Special Agent Post-Office Department.

VVm. T. Henderson, " " "

Z. L. Tidball,

B. H. Camp, " an

Alfred Morton, a a a , t •

The following were visiting statesmen since appointed to oflSce:

Edward C. Noyes, Minister to France.

John A. Kasson, Mmister to Austria.

Lew Wallace, Governor of New Mexico.

John Little, Attorney-General of Ohio.

Gen. Francis C. Barlow, late Republican Attorney-General of New York.

Wm. E. Chandler, Secretary of National Republican Committee, were also among the principal
visiting statesmen.

General Barlow wrote a letter stating that Tilden was elected.

Mr. Chandler wrote a pamphlet reflecting on Mr. Ha5'es. Neither of them have been appointed
to any office.

Tlie following persons were connected with the count in Florida, and have since received the
following appointments:

M. L. Steams, governor, Commissioner of Hot Springs.

John Varnum, adjutant-general, Receiver Land Office.

George H. DeLeon, governor's secretarj^, Custom House.

Samuel B. McLin, state canvasser, Justice of New Mexico.

F. C. Humphreys, first elector at large. Collector Pensacola.

Charles H. Pearce, second elector, has been convicted of bribery when member of legislature
and pardoned by Stearns (Sen., Rep., 611, p. 14).

J. W. Howell, Baker false return, Collector Fernandina.

L. G. Dennis, Alachua, manager. Treasury sinecure. Dennis became dissatisfied with this
subordinate position; was removed, and then published an affidavit admitting the fraud.

Richard H. Black, false returns Alacha, Custom-house.

Thos. H. Vance, false returns Alachua, Sixth Auditor's Office. ,

W. K. Cessna, county judge Alachua, Postmaster Gainesville.

Joseph Bowes, stuffed boxes Leon county, Treasury.

James Bell, changed tickets JeflEerson county, timber agent (Bell was dropped but after Den-
nis' statement was remstated).

Moses J. Taylor, clerk Jefferson county. Land Office.

Manuel Govan, Rep. manager Monroe, (Consul Spezzia.

Phelps, political manager. Sec. to McCormick at Paris.

E. W. Maxwell, detective, lieutenant regular army.

G. D. Mills, telegrapher, Interior Department.

William J. Purman, member of Congress, had sister in Treasury Department; declared he con-
sidered Tilden elected, and his sister was dismissed.

Dennis Eagan, Cb. Rep. State Com., timber agent. Eagan came to Washington to testify;
then stated he knew uothibg; returned home, and received this appointment.

II.

LOUISIANA.

In Louisiana a returning board existed, having by statute (but, as we think, contrary to the
state and Federal Constitutions) discretionary power in certain cases over the returns. They
usurped a kindred power in cases where none was granted, and by arbitrarily and fraudulently re-
jecting more than ten thousand Democratic votes duly cast and returned, gave that State to Hayes.

SUPERVISORS OF REGISTRATION.

The election laws of Louisiana provided for a registration of all the eligible voters of the state.
Supervisors for this registration, and the r clerk, were to be appointed in every parish (county) by
the governor. These supervisors were to conduct and continue the registration from year to year.
They were to sit for thirty days preceding the election in order to hear the persons seeking to be
registered, and to register or reject the same. From their judgment there was no appeal. They

306 ELECTORAL FRAUDS IN THE LATE PRESIDENTIAL ELECTION.

could, in effect, register whom the}^ pleased and refuse whom they pleased; and the citizens re-
jected, or the body of citizens injured by improper registration, were alike without remedy. Pos-
sibly some action at law might have been taken against the supervisors, but none by vvliich prac-
tical relief could be secured before the election (Act 1871, 155).

The law further provided that these supervisors might designate the number of polls for each
parish and the places at which they were to be held; and that the voters registered might cast their
ballots at any poll within the parish.

The law also provided that the supervisors, prior to the election, or commissioners of elec-
tion upon election day, might protest against the freedom and fairness with which the regis-
tration or election had been conducted; and the protest, if accompanied by the affidavits of
three citizens in support of the same, should be attached to the returns, and forwarded to the re-
turning board ; and that a duplicate of the protest should be filed with the clerk ol the par-
ish (Act 1872, 98, §3).

POWER OP RETURNING BOARD.

This returning board, thus possessed of the returns and of any protest accompanying the
same, were then to hear evidence as to the allegations contained in the protest so forwarded, and
decide thereon; and the law authorized them in case they decided that the election at any poll
dulj' protested against had not been fair and free, to exclude the poll entirely, but not to purge it.

The power thus given to the returning board was a novelty. In no other state in the Union
has such a power ever been retained. Mr. Sherman and the " visiting statesmen " have de-
clared that " nothing could be more simple, nothing more just " than the provisions of this law
(44tli Cong , 2d sess., Ex. Doc. 2, p. 5).

In our judgment, nothing could be more unjust, more wicked, or more fitted to disguise and
cover up fraud. Leading Republicans of Louisiana have spoken of this law as the greatest
political invention of the age ; and in the sense of its being the most dangerous and the most atroci-
ous, they were right.

In the first place, the registrars had almost absolute control over the vote. It was not an m-
freqnent thing when the supervisors were permitted to be candidates, for supervisors of registration
to come just before the election into localities' where they entire strangers, and return them-
selves, at the close of the polls, elected (Sheldon, p. 1468).

Under the provision by which the supervisor was to fix the polling places for the parish, he could
withhold any announcement of them until so late that the opposition would U' t generally learn by
the election day where the polls were fixed, while his own party friends, forewarned of his selec-
tion, could attend at the polls in full force (Burke, 1(X)2).

Under the provision by which the voter might vote at any poll in the parish (county), it was easy
to have the Reoublicans (especially those who were negroes) vote— for instance, in a ])arish of ten
polls— at Nos.'l, 3, 5, 7 ; and when they had thus concentrated their votes at these polls to create
some pretended or real disturbance at the other polls, and then to claim, because there were no
Republican votes polled at these other polls, that such disturbances had prevented a free election
there, and therefore to exclude such polls, wheieby all the Republican vote concentrated at the
selected polls would be preserved, while the vote excluded would be mainly Democratic votes.
And this became a very common and barefaced performance under this law (Burke, 1(X)2).

Beyond this, the control given to the supervisors of registration enabled them falsely to swell
the registry of their party, so that whenever the vote of the party fell short of this registry, it could
be claimecf that there had been intimidation to drive off their voters.

It is always difficult to prevent a party in power from doing or permitting some wrongs at an
election; but the extraordinary powers given to the election and returning officers in Louisiana, of
course, added greatly to the opportunity for such wrongs.

THE COLOR-LINE PRETENSE.

The Republicans began early by assuming that the color-line divided the politics of the state,
and in 1870 It substantially did. A few white men had obtained control of the political machinery,
and partly through sympathy and promises, partly by organization, and partly by threats, they held
the negroes in a complete control. Bjit gradually their mismanagement of the state created such
disappointment and distress that some of the negroes— few at first, and gradually more— upon
local questions and issues in the beginning, and later upon state questions and issues, decided to
leave the Republican party and vote with its oppoiients. The Republicans, on the other hand, for
the same cause, received no accessiorf from the whites. So marked had this defection of the col-
ored people become that at the election of 1874 (after Kellogg was seated a§ governor, through an
order of Judge Durell, for which he was subsequently presented for impeachment) a very consid-
erable portion of the blacks had voted with the whites, and in'the examination of "that election the
committee of this House, in the Forty-third Congress, reported that the state had undoubtedly gone
for the Conservatives, because the number of white and black voters in the state being equal, and
a considerable portion of the blacks having, for the reasons mentioned, voted with the Democrats,
and none of the whites having voted with the Republicans, it was unavoidable that the Conserva-
tive candidates had received a majority of the votes (43d Cong., 2d sess., Rep. 261).

As illustrating how entirely all the whites of the state had then become united by " carpet-bag"
rule against those who had administered it, that committee called attention to the fact that no wit-
ness had " succeeded in naming in. any parish five white Republicans who supported the Kellogg
government, who were not themselves office-holders, or related to office-holders, or those having
official employment " (Ibid. Rep. 101).

This report of the committee of the Forty-third Congress was fatal to the control of the state by
the Republicans under the conditions existing, and thereupon the Republicans adroitly set about
a new census. In that new census they made it appear that there were twenty-five thousand more
adult colored people in the state than adult whiles (Burke, 1000-2, 1017).

THE FALSE CENSUS.
That this was a fraudulent return of the number of colored adults cannot be doubted. The Fed-
eral census of 1870, which had never been questioned for its accuracy, made the number of adults
of the two races in the state just about equal ; and all the causes which should have varied this re-
lation had operated, as was stated by the committee of the Forty-third Congress, rather for the in-
crease of whites than the blacks (43a Cong., 2d scs^.^.. Hep. CGI). ■

ELECTORAL FRAUDS IN THE LATE PRESIDENTIAL ELECTION. 307

Of the adult blacks in the state 24,300 were returned from the parish of Orleans alone. How
utterly fraudulent this return was appears from the census itself, which returned 56,641 men, wo-
men and children as the entire colored population of that city, which, on the usual proportion of
five persons to each voter, should have given 11,629 as the colored voters in that parish. Whereas,
this census returned 24,300 as the number of adult males in that parish (Burke, 1001).

No such proportion as that pretended by this census ever existed in Louisiana or any other of
the United States— not even in the remote Western states, where the collection of miners leads to
a large excess of males beyond their normal proportion.

THE FRAUDULENT REGISTRATION.

Nevertheless, the registration for 1876 was made up by the registrars on that basis. The Con-
servatives pointed out and made proof of 9,800 cases of double or otherwise false registration in
. New Orleans alone. But no correction was made by Keliogg's officials in this respect. On the con-
trary, some five thousand whites were excluded improperly, and the Republicans went into the next
canvass with an apparent but false registration of over twenty-two thousand more colored voters in
the state than existed (Gauthreaux, 1052, 1058).

Kellogg had the appointment of the supervisors of registration and of their clerks and other
election officers. The law required that the supervisors should reside in the parishes for which
they were appointed. But this law was disregarded, and absolute strangers to the parish, without
character or responsibility— mere political creatures, like Anderson— were appointed as supervisors
of some of the most important parishes. Some twenty of the supervisors of registration held
positions in the custom house, post-office or police force of New Orleans; severalof them were
• under indictment or fugitives from justice. In some cases the commissions of the registrars and
their clerks were issued in blank, and given to the Republican catadidate of the district to fill in his
own appointees.

From the nature of the office men of the best character should have been selected to perform its
duties, but the effort seems instead to have been to select the most pliant and despicable political
tools for the place. None but such men could have been expected to carry out the instructions they
received, which, in effect, promised recognition and preferment as the reward of successful fraud.

ORGANIZED REPUBLICAN FRAUD.

These instructions were issued to all the supervisors directly by the Republican party. We give
a copy of one of them. The italics are ours (Edgeworth, 1074-5) :

Headquarters Republican Party or Louisiana, )

Rooms Joint Committee on Canvassing and Registration, >
Mechanics' Institute, New Orleans, September 25, 1S76. ;
To Supervisor of Registration, Parish of Plaquemines :

Dear Sir : It is well known to this committee, /?w« examination of the census o/" 1875, that the
Republican vote in }^our parish is 3,000, and the Republican majority is 2200.

T ou are expected to register and vote the full strength of the Republican party in your parish.
Your recognition by the next state administration will depend upon your doing your full duty
in the premises, and you will not be held to have done your full duty unless the Republican regis-
tration in your parish reaches 3,000, and the Republican vote is at least 3,000.

All local' candidates and committees are directed to aid you to the utmost in obtaining this
result, and every facility is and will be afforded you; but you must obtain the results called for
■herein without fail.

Once obtained, your recognition will be ample and generous.

Very respectfully, your obedient servant,

D. J. M. A. JEWETT, Secretary.

By " the Republican vote " shown by " the census " was meant the colored vote, and the direc-
tion by these party leaders to sworn officials " to register and to vote a majority according to the
census," and to return a Republican vote equal to the number of colored adults in the parish, when
it was well known a large portion of that race had already abandoned the party, has, so far as we
are aware, not been equaled in infamy in any state in the Union.

THE RESULT OP THE ELECTION.

^ut so it was that, notwithstanding all these preparations and frauds, the number of votes
actually cast at the election of 1876 was 160,964, being the largest vote ever cast in the state, and ex-
ceeding by 16,0ri the number of votes cast at any previous election; and exceeding in proportion to
the population the entire vote of the Union. And the returns, as made and forwarded by the Re-
publican election officers to the returning board, disclosed a majority of 6405 for the Tilder.
electors, and were unaccompanied by a single protest, except one against Republican fraud in Con-
cordia parish (Burke, 1003).

USURPATION BY THE RETURNING BOARD.

The returning board had, therefore, no lawful power except to canvass, compile, and promulgate
the votes returned to it. Bad as was the law authorizing the returning board, it had not contem-
plated their control over any return in a case where no protest accompanied it.

They had attempted this in 1874, and their action had been declared by a committee of this
House, composed of Messrs. Hoar, Wheeler, and Fr)'e, to be unlawful. " Upon this statute we are
all clearly of opinion," said these gentlemen, " that the returning board had no right to do any-
thing except to convass and compue the returns wliich were lawfully made to them by the local
officers, except in cases where they were accompanied by the certificate of the supervisor or com-
missioner provided in the third section. In such cases the last sentence of that section shows
that it was expected that they would ordinarily exercise the grave and delicate duty of investigat-
ing charges of riot, tumult, bribery or corruption on a hearing of the parties interested in the office.
It r.ever could have been meant that this board, of its own motion, sitting in New Orleans, at a
distance from the place of voting, and without notice, could decide the right of persons claiming
to be elected" (43d Cong., 2d sess.. Rep. 261, minority).

308 ELECTORAL FRAUDS IN THE LATE PRESIDENTIAL ELECTION.

But it ^^as a necessity of the political eituation that Louisiana should be carried for the Repub-
licans, Had the vote of this state not been necessary to elect a Republican President, the power-
that was assumed to count it for Hayes would not have been usurped. But it was known that the
men composing the board were capable of anything that was to their interest, and that when a plan-
was devised by which they could usurp power successfully they would use it.

ITS PARTISAN COMPOSITION.

It was, therefore, from the first, given out among the politicians that the returns were of na
consequence, and that the returning board would count the state for Hayes. Accordingly, when
the board assembled, they began by refusing to fill the vacancy in their number by a Democrat,,
although the law provided that the board should consist of persons from all political parties, and
sat throughout a partisan board, composed of Republicans only, a non-compliance with the law
which had occurred for a short time m 1874 and was condemned by the committee of the Forty-
third Congress (Tribune Pam. 12, Pitkin dispatch; Burke, 1005; Jewett, 1270; 43d Cong., 2d
sess; Rep. 101).

In utter contempt of law and this opinion, the board refused all applications to put a Democrat
into the board, and then proceeded to sit in judgment upon the returns (Palmer, l()84-6).

THE INTIMIDATION CHEAT.

A large portion of the people of the United States have come to believe that such intimidation
existed in Louisiana as prevented a fair Republican vote, and that this afforded an equitable offset
to any fraud by the returning board, and this belief is the basis upon which Republican rule stands.
It has been reiterated by nearly every journal and assented to by every politician in the land who-
profited by that rule. There were circumstances that made it seem plausible; and these circum-
stances, together with the wish to believe it, have convinced a-large part of the Republican party
that it really existed.

This belief is baaed upon the assumption, to use the words of Mr. Sherman and the visiting-
statesmen, in their report to the President, " that if left free to vote, uninfluenced by violence or
intimidation, the blacKS would be almost unanimously Republican." But the assumption itself
was entirely unwarranted by the facts (Ex. Doc, No. 2, 44th Congress).

NEGROES DISSATISFIED WITH REPUBLICANS.

Prior to 1876 the distress in the state had induced many negroes to leave the Republican party.
This had been recognized by the committee of the Forty-third Congress, and was so patent that
the Republican members of the legislature whom the returning board had counted in, were, upon
the recommendation of the gentlemen of that committee, unseated, and their places given to Con-
servatives. The same dissatisfaction among ;,the colored population continued. Nothing was
more inevitable than the ignorant men, whose votes had been procured by the promise of ^rms,
of mules, and of general prosperity, when they found that year after year, that they got neither-
farms nor mules, and that instead of general prosperity taxes grew heavier, and wages smaller, and
chc opportunities for employment less, should be dissatinfled even with the party they supposed
had secured their freedom (43d Cong., 2d sess., Rep. 261; Wheeler Corap. Report).

Beyond that the negroes attached great importance to maintaining schools, and in the negro

Earishes the school moneys had gone into the hands of irresponsible and abandoned persons, and
ad been stolen outright, or squandered without good result. The negroes were, therefore, then in
a condition more than ever favorable to the acceptance of overtures from the Democrats (Wickliffe>.
La., 548; Powell, La., 550; Leake, 555; Morrison Report).

AND PROPITIATED BY THE DEMOCRATS.

The Democrats accordingly made the most determined efl"ort8 to propitiate them. They em-
ployed many colored preachers and leaders, and had them stumping the negro parishes. They re-
alized that to secure these parishes was to carry the state. They therefore adopted the most con-
ciliatory action to that end. Governor Nicholls himself made a journey into these parishes to^
assure the negroes of the fullest protection and equality under the law. Indeed, as Mr. Sypher
admits, the wnite Democrats, in their promises to the negroes of equality— in theatres, hotels,
street-cars, and in other social relations— outstripped the Republicans (Powell, 550; Leake, 554;
Burke, 1004; Roberts, 898; Sypher, 816).

In trouble, the negroes still looked to their old masters for aid. And when a planter got up a
club of citizens of both colors, and presided at its meetings, with his former slaves on each side of
him as vice-presidents, and appealed to the negroes to join the Democrats against the state and
local abuse, on the ground of their own interest, it was not strange that they should do so; and so
we find them crowding to Democratic meetings with their wives and children, and carrying ban-
ners in the Dem cratic processions, " ' hallooing ' louder than any white man " (Wickliffe, 548).

Where the leaders of the colored race go the masses generally and perhaps thoughtlessly fol-
low. When, therefore, thv Democrats had secured the leading negroes it was to be expected that,
with the aid of barbecues and music, of promises and conciliation, the rest should be induced to
follow them.

DEMOCRATS COULD GAIN NOTHING BY INTIMIDATION.

On the other hand, the Democrats had absolutely nothing to gain by intimidation, for. the re-
turning board had been established on purpose to annul votes so secured, and provide for votes so-
prevented. They knew by experience how reckless and desperate the board was. They knew,
also, that this recklessn-ss and desperation had been the subject of Congressiv-nal rebuke, so that
they might hope for relief if they afforded no pretext for its arbitrary action.

It will be remembered that th board was composed of the same whiU; members in 1876 as in
1874, and that the committee of the Forty-third Congress had reported, that in 1874, in the parish
of Rapids, in which Wells, the president of the board, resided, there was really no disturbance nor
any dispute about the result; and yet that upon a secret affidavit by Wells, as to occurrences in
the parish upon the day of election, when he was not tbere at all, the board had thrown out the^
whole vote of the parish, and thereby seated four Republican members of the legislature, who had
not claimed to be elected, and who were subsequently, upon the recommendation of the Con-

ELECTORAL FRAUDS IN THE LATE PRESIDENTIAL ELECTION. 309

sressional committee, unseated; and that the action of Wells had been denounced by that com-
mittee (43d Cong., 2d sess., Rep. 101).

The Democrats, therefore, well knew that it was intended by the returning board to count them
out upon the slightest evidence of intimidation, and their efEort throughout was to avoid not only
.any provocation, but any pretense for such a charge (Burke, 1004).

PRETEXTS FOR RETURNING BOARD USURPATION.

It was necessary that the returning board should have a pretext for assuming control of the
TOtes cast in cases where the law haa not given it; and this pretext was to be found, first, in pro-
tests by supervisors of registration made after the returns had been received, fraudulently pre-
tending a condition of things which made it unsafe to make protests with their returns; second,
.some form of testimony to give color to the assertions in these protests.

The first step, then, necessary to secure a reversal of the popular will by the returning board, was
"to obtain from the supervisors a declaration that some unfairness had taken place in the parishes
intended to be disputed. Without this the board would have had nothing to act upon; while the
:supervisors, uncommitted by any writing, might at any time have declared the real truth.

As it became known that the Presidential election would depend upon Louisiana, the pressure
T)ecarae greater, and supervisors who had witnessed and declared to a perfectly free, full and peace-
.able registration and election, were constrained by party persuasion and promises, to make false
and fraudulent protests; and they were encouraged by like influences "to stand firm" to their
protests after they had been made.'

THE FALSE PROTESTS — ANDERSON-WEBER.

The two most important officials for this purpose were James E Anderson, the supervisor of
East Feliciana, and Don A. Weber, the supervisor of West Feliciana.

Anderson was a stranger, an adventurer and a rascal. His education had been that of a sensa-
tional newspaper reporter; his position, when selected as supervisor, ihit of one of Kellogg's
•creatures in the Custom-house. He was a notorious liar and vagabond before appointed to be
supervisor of a county as large as the state of Rhode Island, to which he was an utter stranger.
Finding that the Republicans could not carry the parish, he got up a story that his life was in
danger, procured himself be shot at, and fled. An examination disclosed the story to be a humbug
^nd a fraud. The people of the parish then called upon Kellogg to provide them a new registrar.
He promised that Anderson should be sent back, and publicly ordered him to go back, and furn-
ished him with a little money to do so, but caused it to be privately suggested to him that no
election was wanted in that parish, and that he was not to return. Indeed, he had him threatened
with arrest if he did return. The Democrats, conscious they had secured a maiority of the voters
in the parish, and anxious to have an election, then hired Anderson to go back, and secretly ran
bim out of the reach of Kellogg's police (Anderson, 6-7; Wedge, La., 128; Lyons, La., 80-1;
McVea, La., 85-9; Patton, La., 278-9; Burke, 1004).

Anderson arrived in the parish two days before the election, having been gone for ten days, and
"by his absence shut out from registration about five hundred Democratic votes (Patton, La., 279;
Lyons, La., 81; McVea, La., 87).

The election having passed off" without complaint he signed the returns of the election, only in-
^sisting upon being paid the amount to which he was by law entitled for his services as registrar,
and declared, as did T. C. Jenks, who accompanied him, that everything in the parish had been
perfectly free and fair in all respects (Wedge, La., 130; Jenks' afE., La., 89).

Weber was a native Creole. He and his brother Emile had for years been the managing Re-
publicans of the district. They and their families were the only white Republicans there. They
worked in couples and controlled all the offices and exercised all the power there. Don
Weber, when the election was over, openly declared that it had been in every respect fair and free,
and furnished no ground for protest, and he signed the return without protest (Weber, 590-4;
Powell, La., 551; Leake, La., .'S56).

THEIR CREDIBILITY.

As these two supervisors subsequently made protests, and as the contest in the state largely
turned upon these two parishes, it was a necessity that their evidence should be taken, if it could
I)e had; and Don Weber having died in the meantime, it became a necessity that his brother and
partner in politics should be examined in his stead. Both Emile Weber and Anderson had sworn
before previous committees; both had sworn to stories the reverse of what they testifled to be-
fore us.

Under the circumstances the evidence of neither was entitled to any consideration, except such
.as resulted from its corroboration by crediable testimony and known facts and circumstances; and
•^•e have given it no other.

ANDERSON'S STORY.

The story which Anderson tells is, that there was a Republican conspiracy to prevent Republican
votes being cast in the Felicianas, and thereby to afford a pretext for rejecting the vote of those
parishes, in which there was a large bona fide Democratic majority; and that the registration and
election m both parishes had been perfectly fair and free; that, upon arriving at New Orleans, he
was urged to protest his parish; that he resisted on the ground that there was no foundation for
rsuch a protest; that, under pressure, he prepared a paper, which Judge Campbell, the counsel for
the Republican party directing such matters, declared to be worthless; that thereupon, at the
request of Pitkin, the United States marshal, Campbell prepared an effective protest for him to
:siyn; that Campbell was subsequently sent for to come and take the verification of this protest;
that he then refused to verify it, but that he then signed it and left it with Pitkin, with the impor-
tant parts of it not filled up; that he subsequently called on Pitkin to reclaim it, who refused to
^ive It to him; that thereupon he began making complaint, and the Republican leaders used their
influence to keep him quiet; and, finally, that he went with Weber, who had also made a false pro-
test, to Moreau's restaurant, where they met Sherman; and that they received from him satisfactory
assurances of reward for letting their protests stand, which assurances they determined the follow-
ing day to have in writing, and thereupon sent Mr. Sherman a letter to that effect, to which ha
^returned a satisfactory reply (Anderson, 27; And-rson, 2-12).

310 ELECTORAL FRAUDS IN THE LATE PRESIDENTIAL ELECTION,

ITS CORROBORATION.

As matter of fact, it certainly appears—

That Anderson left East Feliciana without pretending that any gronnd for protest against the^'
election existed, and that none did exist; that he arrived at New Orleans and again declared that,
he had no ground for protest; that, upon Pitkin's request, he prepared a statement which, botb.
Pitkin and Campbell tell us, was rejected as worthless; that Campbell then prepared, as they both-
tell us, a protest proper in substance and form, and sent it to Anderson ; that Campbell
did then call at Pitkin's office, having been sent for to take Anderson\s verification, and found
Anderson in high discussion, declaring that the matters stated in that protest were not true,
and that he could not attest it; and that Campbell then, without taking his affidavit to it, with-
drew; that Anderson, having signed it, subsequently left it with Pitkin, and the next day tried to
reclaim it; that Pitkin, having forwarded it to Packard, instead of procuring its return, saw fit to
take offense at Anderson's manner, and turn him out of his office; that shortly after Pitkin told
Campbell of Anderson's attempt to get b.ck his protest, and that he wanted assurancps of reward
for letting it stand (Wedge, La., 140'; Burke, 1007; Jewett, 1300; Pitkin, 401; Campbell, 434-6; Pit-
kin, 402; Campbell, 444-5).

That Weber left home declaring there were no grounds for any protest, and that the election
had been fair and free; that after getting to New Orleans he was induced to make a protest; that
the protest, as he made it, was wholly insufficient, and was subsequently forged by alterations and
additions; that he stated he had been induced to make it by promises of reward from Republican
leaders; that both he and Anderson did go together to Moreau's, and there met Sherman; and that
within a few days after Anderson showed a sealed letter, which he said contained what would
take care of him; and that Weber showed his friends a letter, which, in reply to a request by him
and Anderson for written assurances of reward for letting their protest stand, gave such assurances
in the name of Mr. Sherman; and that the conspiracy to falsely protest and count out the parishes
of East and West Feliciana is substantiated by credible witnesses and undisputed facts and circum-
stances wholly independent of the evidence of either Anderson or Weber's brother Emile (Powell,
La., 551; Leake, La., 555-6; Reynolds. La., 292; Duncan, La., 316; Wickliffe, La., 548-9; Kennard,.
La., 593; Weber, 590; Sherman, 765; Anderson, 12; Sypher, 753; Burke, 1007; Gauthreaux, 1060),

PROTESTS SECURED AGAINST OTHER PARISHES.

Other supervisors who had witnessed and certified to free, full and fair elections in their par-
ishes, were prevailed upon to make these supplemental charges against the election. One of these-
— Kelley, of Richland parish— has told us how great was the pressure and desperate the means em-
ployed to procure them. Underthe.se protests votes were rejected upon various pretexts; but the
neL'ro parishes— the Felicianas, Ouachita, Baton Rouge and Morehouse— were those in which the
Democrats had made the greatest gains, and from which, therefore, the most Democratic votes were
rejected (Jewett, 1424-1427; Kelley, La., 171-181).

EX PARTE AFFIDAVITS.

The returning board having thus secured the necessary false and fraudulent protests, pro-
ceeded upon the examination and ex parte affidavits which they permitted to be brouf^ht in, to hear
allegations in respect of those jiarishes where it was important to exclude the vote in order to re-
verse the will of the people and count the state for Hayes (Ret. B'd., pro. Gauthreux, 1059; Burke,.
1005-6; Morey, 826-8).

Ex parte statements of apprehension from intimidation can always be procured in every com-
munity. These are daily occurrences— some personal quarrel, some drunken brawl in the street,
some row in a bar-room, some social party blustering in their cups, some fellow swaggering or
joking in the country store— which furnish color for pretending to be alarmed. The most trifling
assault, the commonest personal difficulty, the smallest act of violence, no matter what their origin,
nor how absolutely disconnected with i)olitics, can thus be made to appear as the result of political
action. Besides, nothing is easier than to get up disturbances, to promote rows, and to procure
Mhite men to purposely threaten negroes; nothing easier than to pervert the effort of the people
to protect their own property and defend themselves against marauders into organized movements
fur party intimidation.

Once have it settled that the election of a President, with all the enormous patronage and
power connected with that office, depend upon ex parte affidavits of this kind, and they will be
forthcoming in any community.

; REPUBLICAN ADVANTAGES.

In this contest the administration party had every "advantage; they had the control of a class of
ignorant and reckless negroes; they had numbers of deputy marshals to send into the parishes for
the witnesses; they had the local machinery there with which to collect them; they had the funds
with which to bring them personally to Nv^w Orleans; they had the visiting statesmen to fortify
them with their assurances; and they had, besides, the advantage of making the first statement.

Of course, it was very difficult to meet these charges as they were produced. A man can tell
more lies in an hour than can be disproved in a day. The Democrats were compelled to send to
the parishes to ascertain what were the charges referred to, and to find persons acquainted with
the facts to furnish the proofs to contradict these charges. In many cases the affidavits were pro-
duced before the returning board at so late a day that it was almost impossible to show indue
time the groundlessness of the charges (Burke, 109.5-^).

By great diligence the Democrats did succeed in fully answering them. That they should have
been able to so completely and so quickly meet the false charges against the conduct of the elec-
tion, can only be explained on the theory that there did prevail throughout the state a free, full, '
fair and peaceable election, and that all pretenses to the contrary were unfoiinded (McDonald, Rep).

THE FELICIANA CONSPIRACY.

As the purpose of the Democrats was to propitiate the negro vote, their attention was especially-
directed to the parishes which had the greatest excess of negro population, and it turned out after
the election that their efforts had been successful. In the five- principal negro parishes, instead 61'

ELECTORAL FRAUDS IX THE LATE PRESIDENTIAL ELECTION. 311

the Republicans having a majority of 3979, as had been the case in 1874, the Democrats had a
majority of 3504. That this was likely to be the result had become apparent before the election,
and the importance of excluding the votes of these parishes thus became evident. This was es-
pecially the case with East Feliciana, where the efforts at propitiating the Republican colored vote
had b.en most successful. Kellogg hoped to secure this result there by having no election held
at all. That would have enabled the Republicans to claim that East Feliciana was a Republican
parish and would have given a Republican majority, and that the ruffianly Democrats had, by
driving away the virtuous Ander.'on, prevented that result. This scheme was actually carried out
in Grant parish, where the board excluded the returns from the whole parish made by the
other election officers (539 Democratic votes), because the supervisor absented himself during the
election. In East Feliciana it was only defeated by the determination of the Democrats to have an
election, and by their hiring Anderson to go back (Anderson. 6-7, La., 80-17, 85-9, 128,278-9;
Biirke, 1004).

This was reported to Kellogg and required a change of programme (Anderson letter, 27).

Accordingly, it was suggested by some scoundrel — Andirson claims the credit of it — that since
they were in such a great minority the Republicans should withhold their votes entirely, and then
claim the absence of Republic m votes as evidence that Republicans had not been permitted to vote,
and as thus proving the extent of the intimidation.

Thereupon, the leaders of the party gave out privately that no Republicans need vote; that " there
was no use going to the polls at all," and " not to come out to the polls; " that " it was all a
farce to vote; " " the programme was to have no ticket, so as to have the parish thrown out," and
the like. This direction was disseminated everywhere throughout the parish, and men were on
hand on election day to give the necessary cue to the Republican negroes, who are exceedingly
adroit at appreciating such suggestions. No Republican tickets were printed or distributed, anJl
Republicans stood around the pools resisting the solicitation of the Democrats to vote Republican
tickets, which the Democrats wrote out for and offered them (Patton, La., 1280; McWilliams, La.,
139; Harrison, La., 14H; Wedge, La., 129; DeGray, La., 129; DeLee, La., 141; Lanier, La., 143).

This is bej'ond pefadventiire. It has been testified to by many citizens of the most respectable
character — colored and white — and no one of ' the persons charged with the thing has come for-
ward to deny it. It was understood that in pursuance of the direction from "below" (New
Orleans), no Republican should cast his vote, and it was intended by thus witholding votes that the
claim of intimidation should be set up and the parish excluded. This plan was carried out in
East Feliciana perfectly.

When the election was over neither the United States supervisors of the election nor the military
officers in charge of the troops there, nor any human being of all the Republican officials in those two
parishes, made any pretense whatever that the election had not been perfectly fair and free. The
telegrams and reports to the Republican official organs in New Or cans announced the same fact
day after day. Anderson, the supervisor of East Feliciana, and Weber, the supervisor of West
Feliciana, left their parishes declaring the freedom and fairness of the election, and that there was
not the slighest ground for protdst; and neither of them accompanied the returns they forwarded
with any protest whatever (Tel., C98; Wedge, La., 130; Jenks' Aff., La., -90; Leaks, La., 555;
Powell, "La., 550; Kennard, La., 593).

THIS CONSPIRACY CONFIRMED.

The conspiracy thus testified to and uncontradicted is confirmed by every knoAvn fact and
circum:-tance.

By the census of 1870 there were in East Feliciana 2810 adult males, of whom 1986 were colored
and 834 white. In 1874 the total vote cast was 2525, of which 1688 were Republican and 847 Demo-
cratic, showing that a portion of the colored people then voted with the whites." In 1876 the vote
was 1746 registered, and about 472 unregistered; total, 2218 Democratic and none Republican
(Tel., 698).

By the census of 1870 West Feliciana «ontained 2210 male citizens, of which 1870 were colored
and 314 white. In 1874 the whole number of votes were 1859, of which 1358 were Republican and
501 Democratic, showing that some 200 of the colored voters voted the Democratic ticket. In 1876
West Feliciana gave 1248 Democratic and 778 Republican votes, being a total of 2026 votes.

So that the votes cast in West Feliciana in 1876 actually , exceeded those of preceding years,
while in Eist Feliciana the Democratic votes alone were nearly up to the whole vote of both parties
in 1874, and had not the Republican vote been purposely withheld, the aggregate vote in that parish
would also have exceeeded that of any previous year.

These facts of themselves show that the Democrats had a clear majority in both parishes, and
that it was their certain interest to do nothing which would afford color for excluding the vote there.
They are so inconsistent with the pretended terrorism among the colored people as to be destructive
of any theory of a state of intimidation in those parishes at that election.

Indeed, the total absence of any Republican vote in this great parish itself indicated by its very
completeness of purpose to withhold such votes, not the fear of casting them.

ALLEGED INTIMIDATION IMPOSSIBLE.

The history of the state has shown that in so vast a territory, garrisoned by Federal troops,
with a large body of Republican officials, and the black population in a great majority, such a state
of ti-rrorism as to prevent the casting of one Republican vote, even those of the Republican
officials themselves, was an impossibility. There never has been another instance iu the state of a
parish in which no Republican votes were cast. And yet, so far from East Feliciana being one of
the disturbed parishes, this was the first time it had been claimed there had not been a free and
fair election there. Nor was it even then claimed that the election had not been entirely peace-
able, but only that because of certain former disturbances, what Mr. Parker called "astateof
intimidation " prevailed. But these disturbances had taken place several months before, and
were connected with a movement under Powers, a prominent Republican, to suppress cotton-seed
thefts, and were not political ; and experience has shown Kinch disturbances do not material y effect
the party vote ; still less argue a state of things which would not permit the depositing of even a
single one of such votes (Parker, 733). . - •

AGAINST THE INTEREST OF DEMOCRATS.
It is true that the hostility of the Democrats to Kellogg's and Packard's rule was great. The

312 ELECTORAL FRAUDS IX THE LATE PRESIDENTIAL ELECTION.

state has been oppressed and demoralized by that rule for years. So much had the people suffered
f.om it that they would have preferred military rule to its continuance (Palmer, 1090).

But their conduct must be judged by the motives which usually govern men nnder such circum-
stances. They knew the whites were united against Kellogg. They knew also that every year the
accession from the colored people had been increasing, and they justly expected to be joined by
enough of them to overcome all the frauds of registration and of election officers, provided, but
provided always, tbey did nothing to repel the colored voters, nor to afford the returning board a
pretense for rejecting Democratic polls. That after having persuaded two-thirds of the negroes in
the parish to join them they should then have established such a reign of terror as prevented every
single Republican, white and black, from voting is to assume the existence of conduct as impos-
sible as it would have been insane.

AND UNSUPPORTED AND DISPROVED.

If 500 square miles of territory were in a state of such terrorism the fact must needs have been
as patent as if it had snowed upon election day, and yet of all the persons in that parish, the re-
turning board only collected twenty-two to state any instance of intimidati n connected with the
election of 1876. Of these, the foremost witnesses were James E. Anderson and Thomas C. Jenks;
both subsequently retracted under oath all they then said and confessed the conspiracy which ex-
isted ; and no one would receive the evidence of either unsupported. This testimony was over-
whelmingly contradicted and negatived at the time ; 1196 witnesses appeared to contradict the
allegations of these affidavits, and to establish that the election in East Feliciana had been perfectly
peaceable, free and fair (44th Cong., Ex. Doc. 2, 17, 20 ; Anderson, 8 ; Jenks, La., 90).

It is so easy to suppress truth, to distort facts, and to mislead witnesses, especially when igno-
rant, or stupid, or reckless, that ex parte testimony is rarely entitled to much weight. It was a
common thing for these East Feliciana affidavits to state as ground for excluding the parish, that no
Republican tickets were permitted at the polls. That was true, but it was the Republicans who
would not permit them. And, coming as these returning board affidavits did, from Republican
camp-followers and negroes, they were of hardly any value at all ; and, in view of the controlling
facts and probabilities and circumstances of the case, never deserved consideration.

RETURNING BOARD AFFIDAVITS.

In Louisiana the crowd of ignorant and thoughtless negroes summoned from their labor by
United States marshals and brought for the first time in their lives to a great city, were marched
through the crowded streets past cordons of police and platoons of troops into the great govern-
ment building, where they were brought face to face w'th an army of clerks and stenographers and
officials, and all the machinery of a great state. Ushered at last into some inner room, and there
engaged in a conversation, in which they supplied some of the answers, and the person>^ standing
aroimd supplied more, they might, when dismissed, well be expected, even if they had conscientious
scruples about the business, to make their marks where told. Those who deal with persons who
do not read and write, know how readily they affix their marks to receipts or any papers connected
with business when told to do so, because those by whom they are told know so much better than
they do what is to be done. It is cur ous and instructive to hear the accounts of the negroes who
made affidavits for the returning board of the process by which their evidence was maiuifactured
(Nolan, La., 581-6 ; Norphliss, La., 495 : Green, La., 512 ; Amy Mitchell, La., 474,480 ; Thornton,
La., 527 ; Lagadie, La., 530-2 ; Armistead, La., 298 ; Duncan, La., 308. 311, 315).

They were brought down from the country and placed before a clerk, when the general process
would be something like this: They would be asked if they knew of certani disturbances in their
parishes; if they answered they did not, some one of the bystanders would say. Why, he was the
man who was killed behind the corn crib at sucl\^ a plantation by such a person; then the negro
witness would answer, yes, I heard of him, but never heard about that; then another one of the
bystanders would give the details, and presently, when the affidavit is finished, we have the wit-
ness' story, stated partly npon his own knowledge and partly upon information and belief, of a
first-class outrage of which he knew nothing, and of which he perhaps never had heard before, and
to this he makes his mark, is sworn, and receives his fees, and returns to the field from which
he was brought.

Of the witnesses in Feliciana whom Mr. Sherman desired to have cslled fifteen have appeared
before us; of these, thirteen have retracted their testimony to violence as given to the returning
board. The statements of the other two witnesses, Dula and Swayze, were made under suspicious
circumstances, even if they had not been in conflict with all the known and established facts.

WORTHLESSNESS OF THIS TESTIMONY.

It was claimed by Dula that Weber, after he had testified before this committee, desired to be
supported in his statements by the negroes of his vicinage, whose leader he had been, and to that
end was engaged in persuading and bribing them to take back their testimony before the returning
board.

Dula's statement was that he had been paid fifty dollars and was to be paid more for testifying
as Weber desired. He was a man of notoriously bad character; and the fact that Kellogg's agent,
Kennedy, had just before gone down to New Orleans to arrange with Dula and Swayze, and the
manner in which his testimony whs given, satisfies us his story was an imposition which had been
put np to deceive the committee (Kennedy, 1117, 1118).

But even if it were true that the Feliciana negroes were so utterly reckless as to what they testi-
fied, and followed the Webers for favor or for pay upon whichever side they swore, it only estab-
lishes how utterly worthless their testimony originally was, and upon what a wretched and deceptive
foundation all this pretense of intimidation was based.

OBJECT OF THE INTIMIDATION PRETENSE.

And yet it was this trick in East Feliciana which virtually settled the Presidential contest. It
was not that the people had confidence in the Louisiana returning board, nor that they doubted the

E roved rascality of Wells and Anderson, but it was because— ignorant of the full vote which had
een cast in the state; of the efforts that had been made to propitiate the negroes; and of the.
frauds to which the Kellogg government was competent; and supposing that the color-line still

ELECTORAL FRAUDS IX THE LATE PRESIDENTIAL ELECTION. 313

frinctly divided parties— 'they accepted the fact that not a single Republican vote was cast in East
Feliciana as conclusive evidence of a terrorism which constituted an equitable offset to all the
frauds of canvassing and returning boards, and justified the seating of Mr. Hayes.

As in East J'eliciana, so in the other negro parishes the same claim of intimidation was made,
supported by tbe same class of witnesses, and in the same exj)arte and dangerous way; and though
fully disproved and in direct conflict with the fairness of the vote, and with all the Ivnown facts
and circumstances, the claim of intimidation was nevertheless allowed, and so much of the vote
•of these parishes as was necessary rejected. And the board so managed it as to reject 1010 votes
in West Feliciana; 17'36 in East Baton Rouge; 1517 in Ouachita— in all 5706 votes; while re-
jecting but 259 Republican votes; add yet 49 witnesses to intimidation in West Feliciana were
contradicted by 527 witnesses; 51 m Ouachita by 727 witnesses; and 6-3 in East Baton Rouge by
457 witnesses; and 26 in East Feliciana by 1196 witnesses (p. 1468; see evidence reported in
Sherman & McDonald's Report).

The same deception is, as we believe, now being assiduously kept up to control the next election.
The administnition foments disturbances, then misrepresents them; then has its press to magnify
them; and under the assumption that the blacks, if let alone, would all vote the Republican ticket,
is preparing, by like pretenses, to claim and control the next election.

OUTRAGEOUS INJUSTICE OF RETURNING BOARD.

Throughout, the action of the board was partisan, arbitary, and flagrantly unjust. For illustra-
tion: In Orleans one return showed 297 or 299 Democratic votes; because the last figure was so made
that it could not certainly be said whether it was meant for a 7 or 9 they rejectee, the whole poll
<Ret. B'd Pro. 63).

In Vernon they changed the returns by adding to them 176 Republican votes and subtracting
from tbe Democrats 178 votes (Danford, 750; Ret. B'd Pro. 113).

In Iberia, wiiere the Republican election officers omitted to write " voted " upon the registration
■certificate of the first hundred voters, they rejected the whole poll— 32-2 Democratic and 11 Repub-
lican votes— although there was no pretense the vote was wrong (Ex. Doc. 2, 73-74; Burke's Stat.,
14; Ex. Doc. 2, 88).

In Concordia and Nachitoches they counted 1854 votes not appearing on the returns, and which
"by the rule applied to Democratic parishes, should not have been counted (Burke's St., 29; Burke,
1003).

In De Soto they accepted protests and returns which had evidently been inserted in the packages
after they were mailed (Ret. Bd, Pro., 54; Gauthreaux, 1059; Jewitt, 1442).

THEIR GENERAL MISCONDUCT.

And generally they were guilty of every arbitrary, unjust, and outrageous act practicable (Burke,
1005-6; Trumbull, 855, 867).

After sitting for twelve days they succeeded in excluding enough of the votes returned to give
the state to the Hayes electors and to Packard as governor. In the progress of their session it
turned out that, by reason of an error in urinting. two of the electors on the Hayes ticket had run
some fifteen hundred votes behind the rest of the electors, so that it became a necessity that fifteen
hundred more votes should be excluded, in order to count in those two electors, than would other-
wise have been necessary. But the board was equal to the occasion, and secured the desired result.
(Palmer, 1087-8; Gauthreaux, 1057, 1059; Morey, 826-8; Jewitt,1452).

The returning board closed their sessions at two o'clock on Saturday afternoon, December 2d,
having before them over forty-five hundred pages of manuscript testimony, which at the rapid rate
of a page a minute, and taking ten hours a day, would have required two weeks tpre.ad; and on
December 5th their decision was announced. But before they met Pitkin lelegraphecl: " Louisiana
Is safe; our Northern friends stand firmly by us; the returning board will hold its own." Indeed,
their decision was never in doubt. It is true that Wells appears to have been for sale, but his
price and its payment seems to have been the only doubt attending the result; and for corrupt in-
fluence money competes i)oorly with office, the latter being the much more safe, successful, and
respectable form of bribery (Gauthreaux's calculation, 1064; Wharton, 1230; Maddox, 1212).

THE CHECK ON RETURNING BOARD INIQUITY.

The power to control the result of the election in Louisiana rested with the returning board
^vhich assumed discretionary revisory power over the returns.

For the ordinary abuse of discretionary power there is no remedy. But those who are intrusted
with discretion are prevented from very fl'agrant and violent abuse of it by the influence and the in-
dignation of the people whom they outrage.

For illustration, take the case of a Presidential elector. By law he is intrusted with absolute
discretion over his vote, and it was intended that he i-hjuldcast it exactly for whom he saw fit.
But, under our system, he has come impliedly and most positively pledged to cast his vote for the
candidate of the party by which he is elected. At the late election if an elector clearly chosen for
Hayes were to have cast his vote for Tiiden, he would have brought upon himself an outburst of
public indignation such as no man could withstand. This was exactlythe situation of the returning
board. Assuming that they had the large discretion which the Republicans claimed for them, the
Democrats would have been powerless against ordinary abuses; but there were stretches of power
*o flagrant and outrageous that no man would have dared to commit them without some potent ex-
ternal support.

THIS CHECK REMOVED.

It was at this point, and to supply this need, that the influence of the Federal administration
came in. For the first time in the history of the country the President requested leading members
of his party personally to attend the counting of votes in states upon which the Presidential elec-
tion depended. They went there, charged with a semi-oflicial character. They had rights, as Mr.
Parker thinks, no other visitors possessed. Thoy were there (as Mr. Braly, the assistant post-
master-general, testifies) "to represent the President, and to say to the witnesses that the Repub-
lican party and the authorities at Washington would stand by them. In short, to furnish those
who did the swearing and the counting with the necessary support— physical, political, and moral—

314 ELECTORAL FRAUDS IX THE LATE PRESIDENTIAL ELECTION.

to " enable them to make a fair count;"" which, considering the Democrats had a majority of the-
votes to be counted, was in effect the support necessary to enable the canvassers, under the pretext
of a fair count, to count in the Republicans and to count out those really elected (Parker, 741).

No one at all familiar w'th Louisiana will believe that even the desperate and abandoned men
who control the returning board would havfe ventured to so outrage the community in which they
lived &s to count the state for the Republicans but for the presence and encouragement of these
visitors. That " moral support," as the visitors called it, " and the tone which they gave to the pro-
ceedings," and the protection which Federal bayonets afforded, were the real cause of the returning
board's action. Indeed, Packard had received 2366 more votes in the f?tate than the Hayes' electors,
and yet the moment it was announced that the Federal government was about to withdraw its
troops, the government he had established faded like the mist, and the control of the state passed
without a struggle into the hands of the Democrats.

So that in Louisiana, as in Florida, we have this anomaly : The wish of the voters was recognized
by the state and disregarded by the Federal government. The same ballots by which Democratic
governors were elected were used to count o\|t a Democratic and count in a Republican President.

THE VISITING STATESMEN. ^

The visiting statesmen arrived in New Orleans about the 15th of November and remained until
December 2d, when the returning board went into secret session.

They declined the proposition of the Democrats for a canvass of the votes cast and returned.
A committee of them attended the sittings of the returning board daily, and by their favor and
countenance assured its members of the support of the administration ani of the Republican party
in their action (44tn Cong., 2d sess., Ex. Doc. No. 2, 31-3).

It does not seem to have been thought wise to inform these visitors, except generally, of what
was taking ])lace. Mr. Morey, one of the leading counsel for the Republicans, hus testified that the
local Republican managers early satisfied the visiters that tiiey were competent to attend to the in-
terest of the party in Louisiana themselves, and that thereafter thsy did not think it neces.sary to
consult the visitors about details. Undoubtedly many of these gentlemen were shrewdly left in
ignorance of what was going on (Morey, 851).

Gentlemen from the North, unacquainted with Louisiana, and, like Mr. Parker, stopping at the
hotel where they heard only the assertions of the local Republican politicians and the ex parte
affidavits manufactured for the returning board, might i)ossibIy have misunderstood the real situa-
tion. But those who mingled at all with the i)eople could hardly have escaped better knowledge.
For instance, Mr. Sherman has Insisted that Don Weber was a hero, killed for doing his duty in
"West Feliciana; but General Sheldon admits Weber was known to be for sale, and it reachecl even
General Garfield's ears that Weber was not to be trusted. Those who read Emile Weber's letter,
written upon his brother's death— now confessed by him to be wholly false--may realize the hollow-
ness of the pretense to fire the Northern heart, which contact wiih the negroes themselves did not
always dispel (Parker, 732-3; Sherman, 755; Sheldon, 12a5; Garfield, 7<)8; Weber, 596-9).

For instance. General Garfield saw the negroes from West Feliciana himself. In an upper room
in the great government building in New Orleans, guarded by police and attendants, these West
Feliciana negroes who followed the Webors were brought down and u-^hered into the general's im-
posing presence. That they should then have adhered to the afiidavits which had just been made
for them isnot surprising. As Amy Mitchell testifies: "What they told me to say I just said it,
but I did not know it. I d'dn't say because I knew it. but I said because they told me ; because I
Avas scared." But of the whole number he saw, including this woman, who impressed him most,
all that have been brought before the committee have, without hesitation, recanted what they told
me (Garfield, 799, 801; Amy Mitchell, La., 474).

Others of the visiting statesmen were even more active in their participation in the action of
the local officials. The country is indebted to Gen. Harry White, of Pennsylvania, for the sug-
gestion which brought Mrs. Eliza Pinkston from the interior and exploited her with lier wounds
exposed on a sofa before the returning board. But it was indeed rarely that the visitors could sug-
gest anything to supplement the resources of the local managers (Morey, 818, 822).

THE LOCAL LEADERS

The Republican party in Louisiana contained very few white persons— just enough to hold the
offices, with their families and connections. The experience of the Congressional committee of
1875, who could not find five white persons who were not opposed to the Kellogg government, out-
side of office-holdors, or those connected with them or with the government in some way, shows
the substantial condition of things there. Tiiese white officials received very large salaries. Louis-
iana had always been a state that paid its public officers extravagantly. They were fully aware *
that the election turned oh Louisiana, and that without its vote ttiey would all go out of power.
They clung, therefofe, desperately to the chance which the discretion of the returning board
afforded, and were naturally ready to do anything that men under such circumstances could do to
give it color for its action; and they were very able, as well as very unscrupulous and desperate.

NECESSITY OF ADMINISTRATION SUPPORT.

But, desperate and unscrupulous as were Kellogg and Packard and their followers, they would
never have succeeded in carrying through their sclieme for counting out the majority, and counting
in the minority, without the help of the national administration and of the Republican party; to
effect that result the support of both was a necessity. .

When later, after Hayes was declared elected, it was announced that the troops would be with-
drawn, the whole Republican edifice iif the state fell down in a night; and the returning board, un-
less they had beeri intrenched with troops and suj ported by the admin'stration and the visiting
statesmen, would never have dared to count some six thousand Tildeh majority into a majority of
three thousand for Hayes.

THE SEATING OF HAYES.

The alleged arrangement by which opposition in the House of Representatives to counting in Mr.
Hayes was placated by assurances that the people of South Carolina and Louisiana should be
allowed to recover the right to direct their own affairs, forms an instructive chapter in the events

ELECTORAL FRAUDS IX THE LATE PRESIDENTIAL ELECTION. 315

of the Presidential election which we will not discuss ^Burke, 601-31, 976-8; Morey, 841; Roberts,
880).

■ Of course, either Packard, with twenty-three hundred more votes than Hayes, was elected, or
Hayes was not; and the action of Hayes and his friends, both by their negotiations to secure him
title and by their abandonment of Packard's title, manifest their convictions that neither Hayea
nor Packard had been elected.

MR. SHERMAN'S OFFER OF TESTIMONY.

In June last an application was made to us by Mr. Sherman to take the testimony of some
ninety witnesses in East and West Feliciana who had previously testified before the returning^
board or Senate committee of the Foity-fourth Congress to murders, whippings and violence, and
whose testimony had there been contradicted. It is not clear that such evidence could have any
bearing upon the action of the returning board or the conspiracy in these parishes to prevent voles-
being cast. To call witnesses to a matter as to which they did not testify before that board could
in no way establish the good faith of the board in dealing with the evidence they had before them_
ip. 1905).

Nevertheless, we consented to receive this testimony, partly because we desired to give Mr.
Sherman the benefit of any doubt as to its propriety, and partly because of the difference between,
the laws of Louisiana and those of the other states in respect of the canvass of votes (p. 1102).

In Florida the law made no provision for going behind the ballots to ascertain the wishes of the
people. There the election was to be determined by the votes cast, rot by those the people wanted
to, but did not cast. While in Florida, therefore, it seemed to us improper to go into the qnestiort
of the intention of voters, we thought that in view of the provisions of tjie law of Louisiana for con-
sidering the intention of the voters, there might be some ground for such an inquiry there.

THE TESTIMONY NOT PRODUCED.

Accordingly, on the 20th of July we notified Mr. Sherman's counsel that we would receive the
testimony proposed. He replied that owing to the lateness of the season it haTi been decided to>
adopt a line of investigation omitting intimidation. The sub-committee left New Orleans on the
25th of July, andfchortly after the yellow fever became epidemic. In December Mr. Sherman's
counsel claimed ^B^^ ^vas the presence of the yellow fever which had prevented their taking tais
testimony in the p^^ius summer (p. 1102, Sub-Coin. Rep. 1468).

It will'be seen by his answer at the time that that was not the ground then taken for refusing to-
produce it; nor was there any reason why, even if the yellow fever was then expected, that the
committee could not have withdrawn to the parishes and there safely have taken the testiir.ony;,
and the claim that Mr. Sherman had been prevented from introducing this testimony seemed to tlie-
committee unfounded. Nevertheless, we again consented to take the testimony. Objection was-
then made that the witnesses could not safely be brought to New Orleans, and we then consented
to go to the parishes to take it. This opportunity to take t'e testimony was also declined, on the
ground that the witnesses could not safely testify ar, all under the condition of things growing o t.
of the last election in Louisiana (p 1102; Sub-Com. Rep. 1468; Ray, 1470).

Inasmuch as they were being called at the time to testify before the Senate committee, then in; .
Louisiana, where they would be as much exposed by testifying as before the House committee,,
and as this committee had already called a considerable number of the very witnesses desired by
Mr. Sherman, and as at the last election there was no Republican ticket and the witnesses only
had c^oice between different Democratic candidates, it is dilhcult to see what ground there was for
this assertion, which appeared to us to be part of the pretense which proposed to call witnesses who. •
were really not desired.

THE SHERMAN LETTER.

Mr. Sherman was the chief of the visiting statesmen in Louisiana. The election in that state
turned mainly upon the parishes of East and West Feliciana (Sherman, 763).

The supervisors of those parishes called upon him one evv ning at Moreau's restaurant, as he re-
collects " indistinctly." They had a conversation with him and left. A letter bx s been referred to- •
as having been afterwards written by him to them. Mr. Sherman has testified: " I do hot believe
I ever wrote that letter. At the same time there are things in this letter that I would have written
to these or any other men who were engaged in the performance of what I believed to be their
duty, if I had been asked." If that was so, his position in regard of what occurred would seem to- '
be defined by the letter, whether he wrote it or whether he did not (Sherman, 765; Sherman, 17).

Very considerable evidence has been taken as to the existence of this letter, and the press has-
been largely engaged in discussing it. It is entirely certain that a letter of the kind did exist, by
whomsoever signed.

Weber left his parish declaring that the election had been fair; that there was no ground for
pro'est, and returned stating that he had made a protest; that he was constrained to do it, and
that lie had received assurances of reward for doing so. This is established by gentlemen of char-
acter and credibility, and is not attempted to be disputed.- Beyond that, at a time corresponding
with the date of this letter, he called upon his friend, Mr. Sypher, Ign;^ one of the Republican Con-
gressmen from Louisiana, and showed him a letter, purporting to be signed by Mr. Sherman, of the
character of the letter referred to, and whioh Mr. Sypher believed to be, as Weber represented it to-
be, an original letter from Mr. Sherman (Weber, 590-4; Powell, La., 551; Leake, La., 556; Sypher,
753).

General Sheldon tells us both Weber and Anderson were considered as for sale; and that An-
derson was demanding promises of reward for permitting his ].rotest to stand, we learn from such,
other Republican managers as Pitkin and Cami)bell. It is equally certHin that Anderson thou;^ht
that he had received the assurances he sought. lie says that they wrote to Sherman a letter asking-
for written assurances of the fulfillment of the promises they had had, and gave it to Weber to
take. It was a reply to this letter, by whomever signed, that Weber showed to Sypher; for thi&
reply acknowledges the receipt of the letter that Anderson and Weber had written, andestablishes-
of itself that there must have been a letter asking for assurances received by the person who pre-
pared the reply which Weber showed Sypher. It is, therefore, certain that Weber and Anderson,
joined in a letter to Sherman demanding assurances for permitting his protest to stand, and that

516 ELECTORAL FRAUDS IN THE LATE PRESIDENTIAL ELECTION.

they received a reply to that letter purporting to be signed by Sherman (Sheldon, 1284; Weber,
693; Anderson, 11; Agnes Jenks, 324; Sypher, 758; Weber, 593).

Emile L, Weber says that he found this Sherman letter among his brother's papers and de-
stroyed it. Mrs. Jenks says that Weber gave to her, to take to Sherman, his and Anderson's letter
•demanding written assurances; that Weber then told her that they had already received verbal as-
surances and wished written ones; that fhe thought that they ought not to demand this, but be
satisfied with tie word of a Republican of Sherman's standing; and that in her zeal for the Re-
publican party she suppressed Weber and Anderson's letter, and herself caused a reply to be pre-
pared and signed for Sherman by a local politician, whose name she declined to give, and took
this, as Sherman's answer, back to Weber and Anderson, and this was the letter on which he and
Anderson acted (Weber, 593; Agnes Jenks, 322, 344, 378).

It is certain, from Anderson's action as well as from Weber's, that they regarded this letter as
an original signed by Sherman, and that when later Anderson found himself without any such re-
ward as he thought he was entitled to, he at once set about pursuit of it, and his conduct shows
that he really believed that it not only existed but was genuine.

REPUBLICAN BELIEF IN IT.

Certain circumstances indicate a belief upon the part of those concerned in it that it was
genuine.

It was rumored among the leading Republicans in Louisiana that such a letter existed; that
Weber had been killed to obtain it, and a story then set on foot that he had been killed by the
Democrats. Kellogs? and Packard, Darrell and Stanley Matthews, all acted upon the assumption
that such a letter existed, and Mrs. Jenks sought it diligently. Senator Matthews was cited before
the committee, but refused to appear. We cannot say that on the whole we respect him the less
for his reticence.

It is evident from Mr. Sherman's first examination, that he apprehended that he might have
■written the letter and forgotten it, and the efforts that have been made to mislead the public and
the committee about it have strengthened their conviction of this apprehension.

EFFORTS TO MISLEAD THE COMMITTEE.

On the 4th of September Mr. Sherman declared to the press that he believed the " roundsmen "
•of the committee were about to produce a forged letter as his and publish it with a view of affect-
ing the October elections. As the committee had adjourned, not to meet until after the October
-elections: as they had no "roundsmen." nor had heard of such a letter, this naturally excited sus-
picion. Various letters purporting to be from persons who claimed to have formerly been in Mr.
.Sherman's employment, but who could not be traced, were then st;nt to the committee offering to
produce his original letter. When no attention was paid to all this, Mrs. Jenks began, just before
the October election, dropping in the streets of New Orleans a packet containing what was intended
to pass for the original letter. This packet having been returned to her by tnose passing at the
time, she finally succeeded in leaving it unnoticed in a carpet shop in New Orleans. In its make-
up, and the papers inclosed, it had all the evidence of being her property, and of having been
•casually lost, and of containing the original Sherman letter that she had so much sought for
{Tribune, Sept. 5, 1878, -p. UQ7] Bickford, 1300; p. 1127; Raymond, 1121; Lloyd, 1123; Raymond,
1118, 1125).

This was not a joke; the purpose was to have the committee produce this letter as if the original
letter, and when they had committed themselves to it to have the forgery certainly exposed by hav-
ing those wlio made it show when and where it had been forged, and thus lead to the impression
that no genuine letter had ever existed (Maloney, 1126).

This forged paper was not the letter which Weber showed to Sypher. That letter was written
upon two pages of note paper, this forged letter upon one page of letter paper. That was written
in a bad hand, diflicult to decipher, as is Mr. Sherman's writing ; this was written in a plain and
round hand, obviously not intended for his, but to which an imitation of his signature was
-attached. It was to serve as a decoy; and it is difficult to see why anyone should want to set on
foot such a decoy who did not believe such an original letter did exist or had existed (Sypher, 755;
Anderson, 13).

In view of her relations to the Treasury Department, in which her brother was appointed after
«he testified in Washington, and by which her husband has been employed since her testimony,
it is submitted that this attempt to impose a letter upon the committee was not without purpose
and for the benefit of those by whom she subsists, and with whom she sympathized, and whom
she has, as she savs, before attempted to serve (T. H. Jenks, 583; T. C. Anderson, 570; Shellabar-
ger. 786; Hahn, 1130).

By whomsoever signed with Mr. Sherman's name, the letter which Weber received, he and An-
derson, after the interview at Moreau's, accepted and acted upon as genuine, and the only impor-
tance that attaches to its genuineness is whether Mr. Sherman actually did give in writing the
assurances which he says he might well have given, but was careful not to express.

CONNIVANCE AT RETURNING BOARD FRAUD.

How far the controlling visiting statesmen like Mr. Sherman really believed there was any jus-
tification for the rejection of Deniocratic votes by the returning board, men will never agree. We
are apt to believe in the right of what we earnestJy desire. Men who thought the welfare of the
country depended upon the continuation in power of the Republican party, would naturally have
laeen disposed to consider almost anything justified to retain it there. To us it seems impossible
that the flagrant and atrocious conduct of the returning board was not realized above all by the
men of most political experience, or that the most dangerous and outrageous political fraud of the
Age was not assisted and advised by those who next proceeded to take possession of its best
iruits.

ELECTORAL FRAUDS IN THE LATE PRESIDENTIAL ELECTION. Sit

LIST OF PERSONS CONNECTED WITH THE CANVASS OR ELEC-
TION OR NEGOTIATIONS IN LOUISIANA IN 1876, SUBSEQUENTLY
APPOINTED TO, OR RETAINED, IN OFFICE :

CONNECTED WITH THE RETURNING BOARD.

Names. Employment 1876. Office.

J. Madison Wells President ReturningBoard Surveyor Port N. O.

Thos. C. Anderson Member Returning Board Deputy Col. Port N. O.

S. M. Kenner " " " Deputy Naval officer.

G, Cassanave *' " " Brother of U. S. Store-

keeper, N. O.

Chas. A. Vernon Secretary Returning Board Insp'r Custom House.

Chas. S. Abell " " " "

York A. Woodward Clerk of Returning Board Clerk Custom House.

W.H.Green " " " "

P. P. Blanchard " " " " " "

G. R. Davis " " '" "

Charles Hill " " " "

Geo. Grindley " " " " " "

John Ray Counsel of ReturningBoard Spec. Agt. Treas. Dep.

A. C. Wells Son of J. Madison Wells Spec. Dep. Surv'r N. O.

T. A. Woolfley Affidavit taker U. S. Commissioner.

R. M. J. Kenner Brother Returning Board Kenner Clerk Naval Office.

STATE OFFICERS AND MANAGERS.

Michael Hahn State Registrar Superintendent Mint. "

James P. McArdle State Registrar's Clerk Custom House.

W. P. Kellogg Governor U. S. Senate.

S. B. Packard Candidate for Governor Consul to Liverpool.

Geo. L. Smith Candidate for Congress Collector New OrleanB-

James Lewis PoMce Comm'r New Orleans Naval Office.

Jack Wharton Adjutant-General Louisiana U. S. Marshal.

A. S. Badger General of State Militia Postmaster N. O.

D. J. M. A. Jewett Secretary Republican Com Insp'r Custom House.

H. J. Campbell Chief of Affidavit Factory U. S. Att'y, Wyoming..

H. Conquest Clarke Kelloga's Secretary Clerk Int. Rev,

N. F. Loan Chief of Police Clerk Internal Rev.

W. L. McMillan " " Pension Agent, N, O.

ELECTORS.

William P. Kellogg Elector at Large U. S. Senator

J. Henri Burch.

Peter Joseph

Lionel A. Sheldon.

Morris Marks

A. B. Levisee

O. H. Brewster

State Senator.
Clerk Custom House.
Mr. Sherman's counsel.
Collector Int. Rev,
Spec. Agt. Treasury.
S urveyor-General .

I

SUPERVISORS AND PERSONS CONNECTED WITH THE ELECTION.

James P. McArdle State Registrar's Clerk Custom House.

Michael Hahn State Registrar Supt. of Mint.

M. J. Grady Supervisor at Ouachita Dept. Col. Int. Rev.

John K. Dinkgrave Manager at Ouachita. . Legislature.

H. C. Attwood " " U, S, Marshal,

W. R. Hardy District Attorney Insp'r Custom House,

Henry Smith Sheriff of East Feliciana Custom House.

Samuel Chapman " " " " "

James E. Anderson Supervisor of East Feliciana Consul Funchal

A. H. Ferguson Supervisor at De Soto Custom House.

M. II. Twitchell Supervisor Claiborne Consul Kingston.

J. E. Scott. . . .' " Rapides Post Office.

B.W.Woodruff *' St. Tammany "

Victor Gradias Rep. Manager Grant Parish .Tax Collector N. O.

A.J. Brien " 2d ward N. O Insp'r Custom House.

Patrick Creagh " 3d " Chief Laborer.

R.C.Howard " 4th " Clerk Custom House.

J.C.Pinckler " 5th " " " ''

W.J.Moore " 7th " "

Thomas Leon " 8th " "

H.C.Bartlett " 9tli " "

T. II. Rowan " ICth* " " '' *'

A. W. Kempton Comm'r 11th " Boatman Custom House.

L. Backus Manager 11th " Police *' "

Napoleon Underwood Supervisor 12th *' Inspector.

P. J. Maloney " 14th " Custom House.

W. F. Loan " 15th " Chief of Police.

318 ELECTORAL FKAUDS IN THE LATE PRESIDENTIAL ELECTION.

TISITING STATESMEN.

John Sherman Secretary of Treasury.

John M. Harlan Justice Sup. Court.

Stanley Matthews Senator from Ohio.

James A. Garfield. Admin'n Can. Speaker.

Eugene Hale Offered P. M. General.

JEdwin W. Stoughton Minister to Russia.

Wm. D. Kelley Member of Congress.

Jno. A. Kasson Minister to Austria.

J. R. Havvley Commissioner to Paris.

John Coburn Comm'r Hot Springs.

COUNSEL BEFORE THE ELECTORAL COMMISSION.

Wm. M. Evarts Secretary of State.

-Sam'l Shellabarger , Messrs. Hayes 'and Sher-
man's private counsel.

III.

THE FORGED ELECTORAL CERTIFICATES.

The electors thus declared chosen, except Levisee and Brewster, met in the State House, in the
•city of New Orleans, at noon on the 6th day of December, 1876. Both Levisee and Brewster, at
the time of the election, held offices under the Federal government— Levisee as United States
'commissioner, and Brewster as surveyor-general, which, it was feared, rendered them ineligible as
electors. They did not, therefore, attend the first meeting. The other members thereupon pro-
ceeded to choose them respectively lo fill the vacancies occasioned by their own non-appearance,
for having since the election resigned their offices, they were considered then eligible as electors.
Levisee and Brewster being sent for, attended, and the electors then proceeded to vote for Presi-
dent and Vice-President by ballot. This they did, as Levisee states— and no different version has
been offered to your committee— by each elector taking a slip of paper on which was written,
"For President, Rutherford B. Hayes; for Vice-Pret^ident, William A. Wheeler; folding such
slip, indorsing it with his name, and openly depositing the paper in a hat (Levisee, pp. 98 and
751)..

THE FIRST SET OF CERTIFICATES.

The electors, having thns disregarded the provisions of the Constitution, which require them to
vote for President and Vice-President by distmct ballots, proceeded to sign, in triplicate, a certifi-
cate of the votes cast, which included in one list or certificate both the votes for President and
Vice-President; and also a process verbal or recital, of their proceedings, including an authority to
Thomas C. Anderson to carry to Washington one of these certificates (Levisee, p. 93).

Kellogg, as governor, caused to be delivered to these electors, as required by law (R. S., sec.
139), three certificates, statiuf? that they were duly chosen as electors, and one of these certificates
by the governor was annexed to each of the triplicate certificates, which the electors tigned (pp. 266,
636).

The electoral certificates were then enveloped and sealed up by H. Conquest Clarke, Governor
Kellogg's secretary, and upon each of these envelopes a certificate was indorsed, as required by
law (R. S., sec. 132), stating that it contained a list of all the votes for President and Vice-Presi-
dent; but the electors omitted to sign any of these certificates (Ferry, 133).

Of these triplicate papers, one was mailed on the 9th of December to the president of the Sen-
ate, one was filed by Clarke with the judge of the United States district court, and one was
handed (by him or Kellogg), on the 21st of December, to Anderson to take to Washington (Clarke,
p. 259).

THESE CERTIFICATES REJECTED.

Anderson arrived in Washington on Christmas eve, the 24th of December. On Christmas morn-
ing he waited upon Mr. Ferry, the president of th" Senate, and presented to him the package
he had brought. Mr. Ferry called his attention to the fact that the paper did not have the indorse-
ment which the statute required, and Anderson says that thereupon he returned to his hotel and
opened the envelope and examined the paper within, in the hope of finding the indorsement there;
and then, although accompanied by ladies, without the rest of another night, returned immedi-
ately with the papers to New Orleans (Anderson, 539; p. 540).

Anderson reached New Orleans on the morning of Thursday, the 28th of December, and took
the papers to Kellogg, at his office at the State House, and informed him that the president of the
Senate had said that the returns were not in form, and that a new one must be prepared. Kellogg
thereupon sent for Clarke, his secretary, and gave him directions to confer with Anderson and
prepare such new certificates; and Clarke, learning from Anderson that the defect was that the
electors had made one list of votes cast for President and Vice-President instead of two distinct
lists, proceeded to rectify it, and he at once went to the Republican printing office and gave there,
in person, the directions for the changes necessary for the new electoral certificates (p. 541; Kel-
logg, 674; Clarke, p. 258). • . . •

THE NEW CERTIFICATES.

The following are copies of the electoral certificate executed on the 6th of December and of the
electoral certificate prepared by Clarke's direction upon the 28th of Decemher for execution, but
-antedated as if of the 6th of that month:

BLECTORAL FRAUDS IN THE LATE PRESIDENTIAL ELECTION. 319

electors' list of DECEMBER 6.

The United States op America

State op Louisiana, State House
New Orleans, December 6.

SE, >•

1876. )

We, the electors of President and Vice-President of the United States for the state of Louis
iana, do hereby certify that on this the sixth day of December, in the year of our Lord one thou-
sand eight hundred and seventy-six, we proceeded to vote by ballot for President of the United
States on the date above; that 'Rutherford B. Hayes, of the state of Ohio, received eight votes for
President of the United States, being all the votes cast, and that we then immediately proceeded
to vote by ballot for Vice-President of the United States, whereupon William A. Wheeler, of the
state of New York, received eight votes for Vice-President of the United States, being all the

votes C8.St

In testimony whereof, we, said electors, have hereunto' signed our names, on this the first
Wednesday, being the 8ixth day of December, in the year of our Lord eighteen hundred and sev-
enty-six, and of the Independence of the United States the one hundred and first.

WILLIAM P. KELLOGG.

J. HENRI BURCH.

PETER JOSEPH.

LIONEL A. SHELDON.

MORRIS MARKS.

AARON B. LEVISEE.

ORLANDO H. BREWSTER.

OSCAR JOFFRION.

Clarke's electoral list, printed December 28.

Thk United States of America, 1

State of [Seal] Louisiana, State House, >
New Orleans, December 6, 1876. )
We, the electors of President and Vice-President of the United States for the state of Louisiana,
do hereby certify that on this day, Wednesday, the sixth day of December, in the year of our Lord
•eighteen hundred and seventy-six, we proceeded to vote by ballot for Pre^^ident of the United
States, whereupon Rutherfoid B. Haj'es, of the state of Ohio, received eight votes for President
•of the United States, being all the votes cast.

In testimony whereof, we, said electors, have hereunto signed our names, on this the first
Wednesday, being the sixth day uf December, in the year of our Lord eighteen hundred and sev-
■enty-six, and of the Independence of the United States the one hundred and first.

WM. P. KELLOGG.
J. HENRI BURCH.
PETER JOSEPH.
LIONEL A. SHELDON.
MORRIS MARKS.
AARON B.LE] 'ISEE.
ORLANDO H. BREWSTER.
OSCAR JOFFRIOX.

The United States of America, 1

State of Louisiana, State House, '-
New Orleans, December 6, 18i6. )
We, the electors of President and Vice-President of the United States for the state of Louis-
iana, do hereby certify that on this dny, Wednesday, the sixth day of December, in the year of
our Lord eighteen hundred and seventy-six, we proceeded to vote by ballot for Vice-President of
the United States, whereupon William A. Wheeler, of the state of New York, received eight votes
for Vice-President of the United States, being all the votes cast.

In testimony whereof, we. said electors, have hereunto signed our names, on this, the first
Wednesday, being the sixth day of December, in the year of our Lord eighteen hundred and sev-
enty-six, and of the Independence of the United Stat!es the one hundred and first.

WILLIAM P. KELLOGG.
J. HENRI BURCH.
PETER JOSEPH.
LIONEL L. SHELDON.
MORRIS MARKS.
AARON B. LEVISEE.
ORLANDO H. BREWSTER.
■ OSCAR JOFFRION.

It will thus be seen that the electoral certificate taken back by Anderson was a statement of
the \otes cast both for President and Vice-President, certified in a single paper, whereas the twelfth
article of the Constitution, which in this re^qtect changed the Constitution from the original jrro-
vision of the second article, required that the electors should not only vote in distinct ballots lor
President and Vice-President, but that they should make '.' distinct lists of all persons voted for as
President and for all persons voted for as Vice-President," which distinct lists "they were to sign
*and certify," so that ihe electoral certificates made on the 6th of December were open to objection
as failing to comply with this precise and positive provision of the Constitution.

This defect was avoided in the new electoral lists, which were prepared as distinct. That is,
there was a separate certificate to be signed by all the electors, stfiting the votes cast for President,
and another distinct certificate, also to be separately signed by the electors, stating the >ote8 cast
for Vice-President; and both these distinct certificates by the electors were to be used in place of
the original single certificate which reported the votes cast for both officers.

Anderson does not recollect that he consulted or spoke with any one about the sufficiency of the
electoral certificate he took to Washington before he brought, it back to Kellogg, but supposes, he
may have done so. He certainly did not notify him or any one of the defect by telegraph. But not
to have consulted any one in Washington about it would have beeu a very unlikely course to take

320 ELECTORAL FRAUDS IN THE LATE PRESIDENTIAL ELECTION.

in a matter of such importance, and upon which, as Ferry told him, the Presidential election de-
pended. And as Anderson on his return told Clarke that " friends in Washington thought that
instead of the names for President and Vice-President being on one sheet they should be on two
sheets," and notified Sheldon wtiat the real defect was: he doubtless had consulted his " friends '*
here about it (Anderson, 540, 541; Clarke, 258; Kellogg, 673; Sheldon, 1576).

Clarke further states that the form of the electoral certificate made on the 6th of December wa?
only adopted after much consultation and advice of counsel. That in a matter of such gravity he
should at once, and without consulting with any one, have proceeded to discard that form and to-
adopt, instead of one, two distinct certificates, shows al^o that this course must have been advised
by friends whom Brewster " supposed to be some of our leading men;" friends, indeed, of control-
ling prominence (Clarke, 260; Brewster, 255).

As the law (R. S., 140) required that the certificate should reach Washington by the first Wednes-
day of January (January 3, 1877), it was imperative that the new certificates should leave New Or-
leans not later than the afternoon of {he following day, Friday, December 29 (Sheldon, 1275).

SO PRINTED AS TO MISLEAD.

Pressing as was the haste, Clarke, curiously enough, found time to have the new electoral lists
printed upon sheets of a peculiar size, texture and appearance, and in a peculiar type, all corres-
ponding in appearance exactly with the certificates of their appointment, furnished to the electors-
by the governor on the 6th of December, and to be dated that day, so that when annexed to the
new electoral certificates, one looking at these certificates would naturally suppose that both the
electors' and the attached governor's certificates were prepared and issued at the same time, instead
of weeks apart (see original lists).

The deception thus intended would have been useless, and would not have been attempted, un-
less the parties had known in advance that they could possess themselves of certificates by the
governor, dated December 6th. One of such certificates Clarke obtained, by detaching it from the
electoral certificates of December 6 Anderson brought back from Washington, and annexing it to-
one of the electoral-certificates prepared in triplicate on the 29th of December, but antedated to the
6th. For the other two parts of these later electoral certificates, he snys he took like certificates by
the governor, which had been left over since the 6th of December (Clarke, 268).

His story is, that Kellogg, finding that his certificates of who had been appointed electors had
been filled out in a handwriting he did not like, ordered another set to be made out, and that thus
there were duplicate governor's certificates of the 6th of December made, from which Clarke, after
using those required for the electoral certificates of that date, had enough left over to answer for
the new electoral lists of the 29th. Your committee have been unable to discover any such infe-
riority in the penmanship in the governor's certificates which Kellogg rejected as to require a new
set to be prepared; nor has it been explained why, if the penmanship was so objectionable, Kellogg-
should have thought it necessary to be at the troub.e not only of signing all the rejected certificates,
but also of having his signature attested by the great seal of the state, and by the signature of the
Secretary of State; nor why, after the well-written electoral certificates executed on the 6th of De-
cember were completed, it should have been thought necessary to preserve those rejected and un-
used governor's certificates (Clarke, 265).

But, whether the governor's certificates for the new electoral lists were made on the 29th of
December, and falsely dated and certified by the Secretary of State to appear as if issued on the 6th
of December, or whether they were "curiously" suri)lu8 certificates left over from the 6th of De-
cember, in either case Clarke was able to provide himself with certificates by the governor, dated
December 6, to annex to the new electoral lists, so as to carry out the deception designed (Clarke,
261).

SECRETLY SIGNED.

The lists, being thus prepared for signature, were taken to a small room in the third story of the
State House, " not at all frequented," where Clarke had them in charge, instead of being taken to
his ordinary office adjoining the governor's chamber (Clarke, 259, 260).

No formal meeting cf the electors was had, nor was any notice given that new lists were being^
prepared, but the whole proceeding was kept entirely secret among the parties concerned in its exe-
cution and their advisers.

On the following morning, Friday, December 29, Anderson proceeded, about eleven o'clock, ta
this upper room, where he found Clarke sitting at a table, and spread out before him were papers
which seemed to be the electoral lists. He stated to Clarke that he was unable to again make the
journey to Washington, and that some one must go in his place, and that it had been arranged that
one Charles Hill, then an examiner in the auditor's office, and now a storekeeper in the custom-
house, should be the messenger for that purpose; and he asked Clarke if the certificates would be
ready to go that afternoon by the train to the north— which train left New Orleans about five o'clock.
Clarke responded that they would be ready. Meantime, word had been sent out by Clarke to the
different electors to come to the state building (Anderson, 544, 545).

Kellogg, Brewster, Sheldon, Burch, Joseph, and, perhaps, Marks, seem to have been at the State
House during that day.

Kellogg swears he signed the certificates that day, but saw no one else sign them. Brewster,
that he signed them, but saw no one else sign them. Marks, that he signed them, and saw Sheldon
sign them; and saw Burch, and, he thinks, Joseph, in the room when he signed (Kellogg, 675;
Brewster, 253,255; Marks, La., 423).

Clarke says he saw Kellogg sign them, and that Kellogg signed first, and saw them signed by
Brewster (Clarke, 262, 263, 271).

Sheldon says he saw Anderson on the morning of his return; was told of the defects in the first
certificate and the necessity for a new set; and knew of the importance of their being sent forward
at once. Knew Joffrion and Levisee to be out of town, and inquired of Kellogg if they would be
there in time, and was told they had been sent for. Called the next morning on Kellogg, and asked

if they had arrived, and was told by him they had; and then went with Kellogg upstairs to the pri-
vate room; there saw Kellogg sign, Burch sign, Marks sign, and signed Ivimself, '
the electors that day at all (Sheldon, 274).

In the afternoon, about half -past three. Hill says Kellogg went with him from his chamber, in
the executive office, upstairs to get the returns. There they found Clarke, but no one else whom
he can now identify. Kellogg asked if Brewster had signed, and Clarke answered that Brewster

i^i.ECTORAL FRAUDS IX THE LATE PRESIDENTIAL ELECTIOX. 321

had not come yet. While thej' were waiting Brewster came in and si£T>ed the returns, and was the
last who did sign them; then Clarke folded up the papers, put them in the envelopes, sealed them ■
and Kellogg took them down stairs to his office, accompanied by Hill, and there wrote somethin?
on them (probably his signature to the indorsement), and handed to Hill to take to Washin^-tou
one of the triplicate parts, and gave him a letter directed in Anderson's writing, to Ferry (11111,1,8.,
ia)j 5^^ JtliiJ, Ijci., 50, Do),

Anderson states that, toward four o'clock of that day, he went up to this upper room and met
Brewster coming out. Brewster stated that he had just signed the returns. Anderson entered and
found Clarke there, and he thinks Hi.l, although as to that he is not positive, Anderson sat down
at a desk in the room and wrote a letter to Ferry introducing Hill, and inclosed with it his authority
as messenger, and handed it to Hill, and left the room (Anderson, 545).

Hill departed for Washin-ton with his triplicate of the electoral certificates that afternoon
Clarke sent another triplicate by registered mail by the same train, and on the following day Clarke
took the third set to the district judge and filed them there. These certificates purported to be
signed by all the electors (Hill, La., 50; Clarke, 259).

, TWO electors' SIGNATURES FORGED.

Levisee has testified that on the xiSth and 29th of December he was himself many hundred miles
from New Orleans, at Shreveport. He could not, therefore, be procured for the purpose of signing
the new electoral lists, and did not siij;n them; and that the signature of his name appended to them
is not his, but a tolerably well-imitated forgery (Levisee, 92, 96).

On the 9th day of June last one Thomas S. Kelly, who had formerly been a door keeper employed
by Kellogg in his office, and who had general charge of it for four years under Clarke, and who had
been reported as dead, wrote to the chairman stating that he was then living at Lake Piovidence,
Louisiana; that he saw Jeftrion's and Levisee's names forged to the electoral certificates, and, if
protected from being murdered, he would so testify (Kelly, La., 567). *

Kelly was accordingly summoned before the sub-committee in New Orleans, but, on the day. on
which the subpwna reached him, one James D. Kennedy, an employee of the sergeant-at-arme of the
Senate of the United States, where he had been appointed on the recommendation of Senator
Kellogg, and who had obtained from the sergeant-vit-arms, upon Kellogg's request, leave of
absence, arrived at Lake Providence and took Kelly with him and carried him off to Cincinnati and
thence, so that at the time your committee were not aole to find him (Kelly, La., 569, 571; Kennedy,
1115; Kellogg, 681,682).

After Kelly's letter had been proved, and his journey with Kennedy had been traced to 'Wash-
ington, and the facts published, he and Kennedy notified the committee they were ready to be
called. They were not called at the time, but some mouths later, during all of which lime, although
l)oor as a *' church mouse,"' having been brought to Washington by the money which Kennedy fur-
nished him, with no baggage but a satchel, Kelly continued living at Washington, judging from hi&
appearance, in luxury, doing nothing he would state (Kennedy, 1116, 1117),

He then reaffirmed the story which he had told in his letter, and declared that he knew that both
Levisee's and Joffrion's signatures were forged, because neither of them was in New Orleans on that
day, and from the fnrther fact that he saw Joffrion's signature forged. He says that the forgery
was executed by one D. P. Blanchard, then the executivt; clerk in Governor Kellogg's office, and
chairman of the Executive Republican Committee. As Blanchard died after Kelly's letter to the
chairman, and as Kelly wrote the letter because of his dissatisfaction at the conduct of Hayes and
his administration, and as he had been for months cared for by the friends to whom Kennedy had
brought him, your committee strongly suspect that this story was false, and was told because
Blanchard was dead, and in order to divert attention from the persons who really committed the
forgery (T. S. Kelly, 1135, 1147; T. S. Kelly, 1147, 1148; Jewett, 1440, 1448).

NECESSITY FOR FORGERY.

Since it was known when the second set of electoral certificates was prepared that the Presiden-
tial election turned upon one vote, it was essential that the certificates, if signed at all, should aj)-
pear to be signed by all the electors. With six votes they would have been no more useful than
with one, and as it was not known until Anderson returned that they would be needed, there was
little time to get, from the interior of a state in which travel is so difficult as in Louisiana, the per-
sons whose presence was requisite. It was natural, therefore, that some of these might not arrive
in time. It was equally necessary that the certificates should leave on the 29th, so that their arrival
could not be waited for. Joffrion, Levisee and Marks all resided in the interior. Maiks says he
arrived in time, although there is much confusion about his story. Joffrion and Levisee did not.
It became, therefore, a necessity that if the new electoral certificates were to be of any use the
names of the absentees should be forged to them. The resources of Kellogg's administration
were equal" to the occasion, and they were forged (Marks, La., 418, 420-6; Whitaker, La., bTd; Doug-
lass, La., 574).

As these papers consisted of distinct lists of the votes for President and of the votes for Vice-
President separately certified, the signature of an elector was required to the set of papers nine
times— once to the list of votes for President, once to the list of votes for Vice-President, and once
for the indorsement upon the envelope reciting what the papers within were; and as the papers
were prepared in triplicate these three signatures had to be three times rei)eated, thus making nine
signatures for each elector, to say nothing of the signatures that may have been required to a
new authority to a messenger to carry the electoral list to Washington if a new authority was exe-
cuted.

And so it was that these papers thus prepared in the State House in New. Orleans, under the
direction of Kellocrg and his secretary, were furnished in the afternoon of the 29th day of Decem-
ber, 1876, with from eighteen to twenty-seven forged signatures.

DELIVERY OF FORGED CERTIFICATES.

Two of the forged electoral certificates reached Washington on the first Wednesday of January.
1877, one by mail, the other by Hill as messenger. Upon his arrival Hill waited upon Mr. Zacha-
riah Chandler, chairman of the Republican National Committee, to whom he brought a letter from
Kellogg. He informed Chandler he had brought the returns, and was then directed to immediately
deliver them to Mr. Ferry. Hq reached Mr. Ferry's office at the Capitol about four o'clock. Hill

21

322 ELECTORAL FRAUDS IX THE LATE PRESIDENTIAL ELECTION'.

informed Mr. Ferry what he brought. Mr. Ferry went out and called in Mr. John Sherman, and
then, in Mr. Sherman's presence. Hill delivered his triplicate of the forged certificate to Ferry.
Hill then went with Mr. Sherman to his committee-room, where Sherman wrote a letter to Kellogg,
which he delivered, sealed, to Hill to take back. Hill then Avaited upon Mr. Frye and Mr. Hale, to
■whom he brought letters from Mr. Packard, and told them he had brought the returns, and then
Mr. Frye told him to " hold the fort," and Mr. Hale " to stand firm " (Ferry, 140: Hill, La., 53;
Hill, La., 567).

ATTEMPT TO SUPPRESS GENUINE CERTIFICATES.

The first intention of the parties was to suppress the genuine certificates of the 6th of Decen-
ter, and rely entirely upon the forged ones, which were regular in form. Clarke accordingly sup-
pressed and retained the certificate wtiich Anderson had taken to Washington, and an application
was made to the district judge to withdraw from the files the triplicate of the genuine set which '
had been filed in his ofiice, but this the district judge refused to permit, and the purpose in this re-
spect was thereby defeated. Not only did neither the press nor any of the Democratic leaders leam
that a second meeting of the Electoral College was to be held, or that the electoral certificate intrust-
ed to Anderson had been returned to New Orleans, or that new ones were made, but the matter was,
as Brewster styles it, "kept rather private;" so private that, although he was repeatedly sent for
during the 29th to come to the governor's oflUce, it was not even hinted to him why his presence
was needed until he learned the reason from Clarke there. And the president of the Senate, Mr.
Ferry, appears to have as carefully withheld from the Democrats in Washington, and indeed from
everybody but two of the Republican managers, any knowledge that another set of certificates had
been received from Louisiana (Clarke, 266; Devonshire, La., 61; Brewster, 252; Ferry, 147; Tuck-
er; Hunton).

THE BURLESQUE CERTIFICATE AND ITS OBJECT.

When the two houses met in joint convention on the 12th of February, 1876, and the state of
Louisiana was reached, the president of the Senate produced first the genuine Kellogg certificate,
which had come to him by mail; next the McEnery certificate, which had come to him in duplicate,
one copy by mail and the other by messenger; and next the forged Kellogg certificate, of which
two copies, one by mail and the other by Hill as messenger, had reached him; and finally a certifi-
cate signed by John Smith, declaring that the vote of Louisiana had been cast for Peter Cooper.
This bogus certificate the convention directed to be suppressed from its records, and no reference
to it appears there. It is difiicilt to conceive why, for the first time in the history of the govern-
ment, a false, an avowedly false certificate should have been sent in, in a case of all others so seri-
ous, and regarded so extremely unfit for pleasantry, unless it was to draw attention from the
forged Kellogg certificates, and to create a diversion which might withdraw from those certificates
Jthe secrutiny of the convention, and to create a certificate to which any rumors of a forgery in
the electoral certificates from that state might naturally be ascribed. This suspicion is strength-
ened by the fact that this certificate cannot now be found, nor is any account given of what be-
came of it, after it was returned by the tellers. It appears by the record kept of such certificates
that it reached the president of the Senate on the 9th of January, 1877, six days after the delivery
of the forged Louisiana certificates, time enough after that certificate was received to have tele-
graphed to Louisiana to have this burlesque paper prepared (Electoral Count, 205, 212; Mo8e<«,
1160-1; Ingalls; Allison).

THE FRAUD ON THE ELECTORAL COMMISSION.

All the certificates, except that ofiSmith, were sent before the Electoral Commission. There
they were not read, but as the reading was about to begin, a motion was made that thej' be printed,
and the secretary of the commission was thereupon directed to have them printed. It had been the
practice of the secretary to send the original certificates to the public printer to be printed, by
whtim the certificates and printed copies were returned the following morning; and the printed
copies were then distributed by the secretary or his d'-puty to the commission and the counsel.
On this occasion, however, and on this occasion only, the certificates, in.stead of being sent to the

f)ublic printer, were sent to a private printer, Mr. l*earson, who, instead of returning them the fol-
owing morning to Mr. McKenney, the secretary, to be distributed, distributed them directly to the
commis.sion and the counsel by two of his pres.-« boys. This change cf the printer and in the de-
livery of the prints of the certificates neither the commission nor the counsel seem to have been
aware of (Electoral Count, 218; McKenney, 118, 121; Pearson, 567, 568).

Inasmuch as no notice was taken by the many counsel before the commission, nor by those in
conference with them, nor by any of the members of the commission, nor by any of the two hun-
dred Democratic members of the House and Senate, who'-e attention had been concentrated upon
Louisiana, of the fact that the first electoral certificate from that state was so defective, the pre-
sumption would seem to be inevitable that the prints of the Louisiana-Kellogg certificates, which
were distributed, must have been, not one copy each of the original defective certificate, and of
the revised certificate with forged signatures, but, instead, two copies of the latter (Electoral Count,
212-16).

Such a substitution of the one print for the other might have happened by accident. But the
attendant circumstances indicate that this change in the distribution of the prints was the result,
not of accident, but of design.

The originals of the Louisiana certificates had been marked by the presiding judge with his in-
itials, and with a number to distinguish them. That is, the first certificate of the Kellogg electors
was marked •' No. 1, N. C.;" the next, or Democratic certificate, was marked " No. 2, N. C," and
the forged certificate was marked " No. 3, N. C." But as printed, these distinguishing marks were
omitted, and the prints were without any distinguishing marks, and the prints of the two Kellogg
certificates were made exactly alike in external appearance, and their first pages (which contained
the certificate of the governor as to who were the electors) were so set up as to be precisely alike, both
in matter and in form, so that they might easily be mistaken one for the other, and that if the de-
livery of two copies of the forged but revised certificate, instead of one copy of that and one of the
prior genuine but defective certificate should be discovered, the change could easily be accounted
for as an accident.

Mr. Murphy, the stenographer of the Electoral Commission, tells us that he caused the printed

ELECTORAL FRAUDS IN THE LATE PRESIDENTIAL ELECTION. 323

copies of the Louisiana electoral certificates to be marked '•! ," "2" and "3," but beyond taking
care that Nos. "1" and ''3" had Kellocg ceitiflcates as governor attached, he gave them no
examination, so that he might as readilj' nave marked two prints of No, "3" as prints of Nos. "1"
and "3" with those numbers (Murphy 1141).

Besides, if the substitution in the delivery of .one printed copy for the other had been by accident,
gome one of the commission, at least, would have received a print of the first Kellogg certificate,
or liave been left without a print of the McEnery certificates, and this would havd led to remark.

Beyond this it is to be observed that while Kellogg knew of the forgery, and took great care to
prevent the fact getting out, he yet let the Republican managers know that there was something
wrong about the second set of certificates; and as there was nothing wrong on their face that wrong
must have been in their execution. He says he t-.ld Morton that the second set was made after the
law day, and must not be di-pended upon, and that the first set was all right, and to stand on that.
But the " leading friends in Washington," who had declared on the 25th of December that the cer-
tificates first made on the law day were defective, and that separate ones must be prepared, knew,
as soon as they saw the si.cond set, that they wire antedated. Kellogg's statement could not,
therefore, have been meant to give Morton that information. But in whatever form given, whether
by a word, a shrug, a look, or an inflection of the voice, even if Kellogg went no further, it would
have served to give that astute manager to understand that while the new certificates were impor-
tant for the commission to consider, it would never do to let them stand in the record, nor leave it
to be thereafter discovered that the Presidential election depended upon them (Kellogg, 710-11).

THE FALSIFICATION OF THE RECORD.

Accordingly, before the Electoral Commission, Mr. Morton moved that the votes in certificate
No. 1 (the objections t) which, it will be observed, stated nothing as against the form of that certi-
ficate, and were doubtless drawn to apply to No. 3, and not to it), be counted, and limited his mo-.
tion to certificate No. 1. And when, later, the record of the proceedings in Congress and before
the Electoral Commission came to be made up, this formally correct but forged certificate was, in
fact, wholly suppressed, while a second copy of the genuine but defective certificate was inserted in
its place. That is, the record declares that there was before the Congress, and by it referred to the
commission, and there considered, the Dcmoc ratic certificate and the genuine but defective cer-
tificate of the Republican electors, and no others, the latter in duplicate, once by the name of No. 1,
and later by the name of No. 3. Whereas, it is altogether certain that this was not the fact, and
altoget::er probable that the prints which were before the Electoral Commission were a print of the
Democratic certificate and two prints of the forged Republican certificate, and of these alone, and
that nothing whatever was considered or acted upon by the commission or Congress but these,
and that, instead of it being the fact, as these records state, that Congress and the commission
had before them two prints of the genuine but defective, and no other Republican certificate, there
was before them, and really considered by them, only two prints of ihe regular but forged— and of
no other Republican— certificate, and that neither Congress nor the commission ever had an oppor-
tunity to or did consider the defects of the genuine certificate at all (Electoral Count, 420; Electoral
Count, 205-7, 208-11; Pro. Electoral Com., 292).

NOT ACCIDENT, BUT DESIGN.

An attempt was made to explain this error in the record, on the ground that the printed copies
of the certificates had become accidentally intermixed. Mr. McKenney says that when Mr. Mur-
phy, the compiler of the volume known as "The Electoral Count," and stenographer of the com-
mission, applied to him for copies of the Louisiana certificates, he took from each of the three
pockets in which he had received the prints of these Republican certificates from the printer one
print, and gave them to Mr. Murphy; and that when, the following year, he learned that a mistake
had occurred, he went to these pockets and found that the certificates had become intermixed,
different ones having gotten into the same pocket. Such a mistake might have happened accident-
ally once, although in setting up the type from such copies it would be almost unavoidable that
attention should then have been called to it; but, unfortunately for the theory of mistake, there were
two separate reports of the electoral proceedings printed: one, this book of '* The Electoral Count,"
and the other the "Supplement to the Congressional Record," which was first prepared. Mr.
McKenney made up the matter himself. Mr. Murphy did notice, in making up the matter for the
Electoral Count, that the two Kellogg certificates, " 1" and " 3," were identical, and he took this as
evidence of the correctness of the printer, supposing " 1 " aud "3 " to be duplicates of the same
certificate. In both books precisely the same error occurs, and in both the revised but forged Louis-
iana Kellogg certificate is suppressed . The chances against this having occurred oncC by accident
would be six to one; against its having occurred twice, thirty-six to one; quite independent of the
additional improbability arising from such a mistake not having been noticed in the oflice of the
public printer on either occasion, and having been discovered only after the forgery was known and
this examination was instituted.

Whether the genuine electoral certificate from Louisiana was so fatally defective that its vote
could not have been received, or not, the parties in interest were entitled to the judgment of the
commission upon this, and that judgment they never had. Instead, the certificate which was passed
upon of the votes for Hayes and Wneeler from Louisiana was a certificate made after the law day
when the electors were functi officiis, and therefore of no validity. But were this otherwise, it was
still a forged certificate ; whether of two or more electors is immaterial. As to two electors, at
least, there never was before the commission for consideration any vote from Louisiana at all.
So that, absolutely, Mr. Hayes was counted into oflice at most upon 183 votes, and the declaration
of his election is the result of this imposition upon the commission and Congress, or, at 1< ast, upon
those members who were not informed upon the subject of the two forged votes attached to a hst
perfect in form.

THE FORGERY KEPT SECRET.
So entirelv secret was not only the forgery but the post execution of the second set of electoral
certificates kept, that except to certain Republicans nothing was known of it until more than a vear
after the session. By accident the forgery of Levisee's name became known, and in the inquiry which
followed we have only been able to learn what could be obtained from persons connected in some
way with the forged certificates and open to suspicion of participation in or knowledge of that
fraud.

324 ELECrORAL FRAUDS IN THE LATE PRESIDENTIAL ELECTION.

Of these persons Kellogg became Senator of the United States, Burch remained Senator of
Louisiana, Brewster surveyor-general, and Joseph captain of police ; Conquest Clarke became
first-class clerk in the Treasury Department, Hiil storekeeper, and Anderson collector. And after
this inquiry was beiiun, and the forgery became known, of the remaining persons naturally sus-
pected of some connection with it, Marks was made collector of internal revenue, Levisee special
treasury agent, and Sheldon counsel for Mr. Sherman. It is also significant that Howard,
McKenner's deputy, was appointed to a place in the Post-Oftice Department on Senator Morton's
recommendation. So long as Kelly kept silence no provision was made for him, but so soon as it
was known that his dissatisfaction with Mr. Hayes' action had made him speak, he was convoyed
to Washington by a Senate employee and cared for by friends unknown to the committee until he
could testify that the forgeries were committed by a man who was dead (Kelly, La.. 568).

Levisee's appointment was especially significant. Having, like Joffrion, been absent, he neither
joined in nor knew of the second set of certificates or their forgery, and so had no claim to a place.
But when, after the forgery became known, Kellogg denied that he had informed Levisee of the
forgery during the sitting of the commission, and enjoined him not to speak of it, and Levisee was
sent for to testify as to that, he failed to appear ; and it turned out that he had in the meantime
been appointed special agent of the treasury by Kellogg's procurement, and your committee have
not since been able to secure his attendance (Kellogg, 711, 679-85 ; P. 1468 ; P. 785).

KELLOGG AND CLARKE PRIVY TO THE FOKGEKIES.

Of course these signatures did not forge themselves ; nor would any person have committed so
grave a crime, except under some strong inducement. There was nothing in the position either of
Kelly, the negro doorkeeper, or of Blanchard, the executive clerk — the subordinates charged with
this crime— to induce them of their own volition, without the knowledge or request of Kellogg,
to stand for and forge the names of the absent electors. It is, besides, physically as well as morally
impossible that these eighteen forgeries could have been committed without coming to the notice
of Kellogg, wh > ordered and joined in, and Clarke, who was charged with the execution of the
papers. Both knew Levisee and .loffrion were absent : both were necessarily anxious about their
arrival, and neither could have escaped knowing of their entrance into the State House, then gar-
risoned.

Kellogg's guilty participation in the execution of this paper, upon which, as he testifies, Ander-
son told niin Ferry said the ptesidential election depended, is manifested throughout— by his send-
ing for the electois privately; by his secret conference with and direction to them as they arrived;
by his false declaration to Sheldon, that Levisee and Jofi"rion had come; by his going in the after-
noon to the private upper room, to see if Brewster had arrived ; by his waiting there until he did
arrive, and until the papers were enveloped and sealed; and by his then taking the papers from
Clarke, and forwarding them by Hill? (Kellogg, 673.)

Brewster was the last who signed ; the forged signatures had been supplied before he came. It
is impossible that Clarke might nave stepped out of the room to allow Kelly or Blanchard, or who-
ever did forge them, to doso; but it was impossible that he could subsequently put up, or that
Kelly could see him put up the papers without seeing that the signatures of the absent men had
been supplied. Equally impossible for Kellogg to have signed his name at the last moment on the
sealed envelopes without noticing the forged signatures of the absentees just below the place
where he was signing.

The ignorance or indifference asserted by the persons charged with the execution of these pa-
pers, and who were bound to know, and must have known aoout these forgeries, confirmr their
guilt.

We are without a reasonable doubt that at least eighteen signatures to the second set of ele^5toraI
certificates from the state of Louisiana were forged on the afternoon of the 29th of Decenber,.
1876, in the State House at New Orleans, and that William Pitt Kellogg, first Republican elecfor at
large and governor of the state, and now a Senator of the United States, and H. Conquest Clarke,
his private secretary, now a clerk in the Treasury Department, were privy and accessory to suchi
forgeries.

IV.

DANGER OF RETURNING BOARDS.

When the Democrats recovered control of Louisiana they abolished the returning board, and there
no longer exists in the United States any tribunal having discretion to receive or reject at pleasure
the votes cast. No such body ought ever again to be permitted. If the wisdom of the fathers and
the experience of free government have settled anything, it is the necessity of keeping the functions
of judging and of administering the laws separate. No tribunal ought to be clothed with such a dis-
cretion ; no persons ought to be intrusted with absolute powers upon the exercise of which the suc-
cess of their own party and their own power and that of their friends depend. Such discretion
cannot fail to be debased and abused, and the abuses will be greater as the temptation is greater
and as the irresponsibility of the officials increases. It is idle to talk of free government where
the people are not permitted to choose, or where their choice is ignored or disregarded by the cus-
todians of the people's power.

AND OF FEDERAL INTERFERENCE.

Nor can the danger of interfering in local election by Federal troops, whether to protect offlcialgt
in the exercise of discretion or to coerce citizens or to aid voters, be overrated. If an election can-
not be conducted without foreign troops to protect the men who vote and the men who count, there
should be no election. Military used to protect those who count and those who vote, will prove to
be military used to put down liberty under the guise of protecting it. and to be the more dangerous-
because of its disguise.

AND FROM FEDERAL PATRONAGE.

Butbehind all these dangers remains the fundamental danger resulting from the centralization
of all appointments to ottice in the President. In no government in the world is so vast a patronage

ELIZCTOIIAL FKAUDS IX THE LATE PRESIDENTIAL ELECTION. 325

dependent on the absolute control of a changing Executive. If the Executive were permanent ; if
the patronage were distributed; or if the tenure of oftice were in any way fixed by law, the evil
would be lessened. But now at the end of each four years the entire Federal patronage— ainountin<'
to one hundred and ten thousand offices— is collected in one lot, and the people divide themselves
into two parties, struggling, in name to choose a President, but in fact to control this enormous
patronage, which the President when elected is compelled to distribute to his party, because he was
elected to so distribute it.

The temptation to fraud, to usurpation, and to corruption thus created, is beyond calculation. A
prize so great, an influence so powerful, thus centralized and put up for contest at short recurring
periods would jeopard the peace and safety of any nation.

The election of a President would never lead to the effort and struggle and bitterness with which
it is now attended, nor be followed by any question as to who was really the choice of the people,
nor be the subject of any attempt to defeat their will, but for the offices within his gift.

No nation can withstand a strife among its own people so general, so intense, and so demoraliz-
ing. No contrivance so effectual to embarrass government, to disturb the public peace, to destroy
political honesty, and to endanger the common security was ever before invented. Its existence in
this nation was not designed, but was the result of a national growth and centralization, which the
fathers could not foresee, and failed therefore to provide against. Every principle upon which they
founded government, every practice which they mculcated, demand of us in some way to break up
this system, and by removing the evils remove also the dangers with which it threatens us.

RECAPITULATION.

To recapitulate then :

First. The power to appoint electors of President and Vice-President for the state of Louisiana
was legally and constitutionally vested in the people thereof.

Second. This power was duly executed in 1876. On the day, in the manner, and at the i)lace8
prescribed by law, the ballots of the people were taken and counted ; showing a clear majority of
seven thousand for the Tilden electors in Louisiana.

Third. This majority was wholly made up of voters, legally qualified ; their right to vote beins;
subjected to the scrutiny of hostile registrars and commissioners, appointed by their enemies for
every polling place.

Fourth. 'I'he election was free and peaceable. There is no proof or pi^etense that intimidation
was practiced on the day of election.

Fifth. Nor were the people prevented by intimidation, or any cause, from assembling at the
polls. All allegations to the contrary are effectually disproved by the undisputed fact that the vote
was larger in proportion to the population than at any previous election ever held in the state-
larger than in most of the other states where elections were held the same day, and where every
exertion was made to bring out the last man.

Sixth. The Tilden electors were thus " duly appointed " by the people who alone had the right
and power to appoint. This thing was not done in a corner ; it was seen and known of all men.
The act of appointment was immediately placed on the public records of the several parishes. This
fact is as indisputable as any other in history.

Seventh. The legal, just and constitutional effect of this appointment upon the presidential
election could be avoided only by falsifying the act of the people; that is to say, by altering the
election returns in such manner as to make them appear like an appointment of other persons
instead of those who in truth and in fact were appointed. This was the crime by which the authority
and will of the people wore defeated in the case under consideration. A crime— considering the
extent of the corrupt combination required to carry it through, the vast chain-work of frauds, false
pretenses and perjuries connecting it together, and the magnitude of the rights prejudiced by it—
of the highest magnitude.

Eighth. The agents of the Republican party sent into the state to get its el -ctoral vote for Mr.
Hayes, were among the ablest and most conspicuo.is men in their organization ; they were desifj-
nated for this service by the then President, and many of them were known as the intimate friends
of his successor. These men. notwithstanding that the Tilden electors had been fairly, peaceably
and legally chosen by a large majority of the people at a full poll, encouraged, by their presence,
the fraud, falsehood and crime by which the vote was used to elect Mr. Hayes. They affected to
believe that the returning board had legal and constitutional power to set aside the appointment
made by the people, and make anoth-jr appointment themselves; they pronounced the warmest en-
comiums on members of the board who bore characters notoriously bad; and they distinctly re-
fused to unite with the Democrats in an effort to have an honest count made of the votes actually
cast and legally returned by the proper officers of the election.

Ninth. No direct evidence has revealed what bargain was made in words or in writing with mem-
bers of ihe so-called returning board ; but we cannot doubt that they did their corrupt work with
the understanding that they should not only be protected against public justice, but rewarded for
ilrir \illainy. This pledge has been kept. When Wells and Anderson were indicted. Federal
c'..:ccrs at Washington interfered with the administration of state law at New Orleans ; and those
same men and the others who gave their active assistance to the perpetration of the fraud have
been quartered on the public treasury, and the people whom they have defrauded are made to pay
them for their crimes.

Tenth. All the foregoing propositions of fact apply nomine mutato to Florida, as well as to Loui-
siana.

The majority in the former state was not so large as in the latter, but it was decisive and well at-
tes:ed. The appointment made by the people was frustrated and altered in a like way under the
instigation of " viskiag statesmen " of the same class, and was followed by similar reward.

The fraud was aggravated in Florida because the canvassing board had no power under their stat-
ute but that of mere clerks, and their Supreme Court had exp.essly so decided ; and because all the
departments of the state— judipial, legislative and executive— protested against their action«as not
only false, but a mere usurpation.

The necessary effect of a successful and prosperous falsification of the choice of the people for
the Chief Magistracy of the country, is to tempt all those who profit by the wrong, and those who
suffer by it, to adopt the like corrupt methods on future occasious.

326 ELECTORAL FRAUDS IX THE LATE PRESIDENTIAL ELECTION.

CONCLUSION.
Finally we report :

First. That dne effect was not given to the vote of electors appointed by the state of Florida at
the presidential election of 1876, by reason of false and fraudulent returns for the said electo'rs by
the canvassing board of that state, whereby the choice of the people of that state was annulled and
reversed, and that the action of the board of state can vapsers in making the returns was -coun-
tenanced and encouraged by, among others, the Hon. Edward F. Noyes, who has since been ap-
pointed the minister for this country to France.

Second. That due effect was not given to the vote of the electors appointed by the state of
Louisiana at the presidential election of 1876, by reason of the false and fraudulent action of the
returning board of that state, whereby the choice of the people of that state was annulled and re-,
versed, and that the action of the returning board was countenanced and encouraged by, among
others, the Hon. John Sherman, who has since been appointed Secretary of the Treasury.

Third. That a conspiracy existed in the state of Louisiana, whereby tlie Republican vote in all
the precincts of the parish of East Feliciana and in some of the pncincts of West Feliciana at tlie
general election in November, 1876, was purposely withheld from the polls to afford a pretext for
the exclusion by the returning board for that state of the votes cast in those precincts for electors
for President and Vice-President.

Fourth. That the signatures of two of the electors to the second Republican certificate of the
electoral vote of the state of Louisiana returned to Congress and referred to the Electoral Com-
mission were forged; and that William Pitt Kellogg, then governor of that state, and now a Senator
of the United States, and H. Conqust Clarke, his private secretary, now ^a clerk in the Treasury
Department, were privy to such forgery.

Fifth, That Samuel J. Tilden and Thomas A. Hendricks were, and Rutherford B. Hayes and
William A. Wheeler were not, the real choice or a majority of the electors duly appointed by the
several states and of the persons who exercised and were entitled to the right of suffrage at the laa
general election in the United States.
All of which is respectfully submitted.

CLARKSON N. POTTER.
WILLIAM R. MORRISON.
EPPA HUNTON.
WILLIAM S. STENGER.
JOHN A. McMAHON.
JOSEPH C. S. BLACKBURN.
WILLIAM M. SPRINGER.

TREASURY BOOK-KEEPING. 327

TREASURE BOOK-KEEPING.

FORCED BALANCES. — THE PUBLIC DEBT DOCTORED. — DISBURSEMENTS INCREASED.
RECEIPTS DECREASED. — ERASURES AND MUTILATIONS. — PENSION ACCOUNT
CROOKEDNESS. — THE SECRETARY VIOLATES THE LAW. — FICTITIOUS WARRANTS
DRAWN. — MILLIONS UNACCOUNTED FOR.

Senator Henry G. Davis of West Virginia, having stated several times in the
Senate that the various reports from the Treasury regarding the financial condition
of the government did not agree, a committee of investigation was raised by the
Republican Senate, and continued by the Democratic Senate. The investigation
fully sustained every statement that had been made by the Senator, and it is a
matter of importance that as to the facts in the evidence the majority and minority
reports virtually agree. The majority report submitted by Senator Davis makes
clear the fact of great discrepancies in the figures on the books of the department.

The system of

FORCED BALANCES

was to increase the amounts of previous years in the reports of five and six years
subsequent, and thus, by the mere insertion of false amounts, make the books
balance. For instance :

In the report of 1870 the expenditures for pensions are stated for
the year 1864-65 at 116,347,621 34

In the report of 1869 the same expenditures in the same year are
stated at -- 9,291,610 48

Showing an increase in the report of 1870 over the figures in the re-
port of 1869 of 7,056,010 86

The annual treasury report for 1870 gives the expenditure for pensions for that
year at |28,o40,202.17, while four years later the annual report states the expendi-
tures for 1870 at $28,402,241.20, or $62,039.03 more than the amount given in the
report for the year in which the expenditure was made. In this manner the
treasury books and reports show discrepancies in the expenditures of nearly all
the departments of the government. In the report of 1869 the War Department
is charged with $599,298,600 for the year 1863. Two years later, or in the report
of 1871, the War Department is charged with over four million dollars more for
the year 1863 than it was in the report of 1869. A discrepancy of over two mil-
lion dollars occurs in two statements of the expenditures of the Indian Depart-
ment for 1863. A difference of fifty-eight millions in the loan and treasury
notes for 1863 is found between the report for that year and the report of 1870 foi*
the year 1863.

In every instance the difference is in the shape of an increase in after years,
which increases were found necessary to make the books balance. While tiiis ia
the fact regarding the disbursements of money the rule is made to work equally

328 TKEASUIIY BOOK-KEKPING,

•well in the receipts. Disbursements ake increased and receipts decreased.
All these facts arc taken from the ofhcial reports of the Treasury, and are not the
result of any computations other than the simple comparisons to be seen at a glance
in these reports. This is the manner in which

THE REVENUE DIMINISHES,

as time gives it a perspective view.

Report for 1866 states net revenue collected for 1864 _ $264,626,771 6v0

Report for 1870 states net revenue collected for 1864. 262, 742, 8.-)4 32

Showing a decrease of 1,884,417 28

In 1870 there was need of a large amount to make a balance, and the annual
report for that year displays the net receipts of revenue for the year 1865 to have
been over ten millions less than the report of 1SG6 gives the revenue for the year
1865. This vast amount is totally unaccounted for in the books of the Treasurer,
Register, and of the Secretary of the Treasury. No explanation could be given
by the witnesses called, and not a marginal note could be found in the books to
relieve the anxious searcher of the hole through which the ten millions disap-
peared. The letters of the Commissioner of Pensions of July 25th, 1876, for the
eleven years ending with 1870 show the amounts paid during those years for

ARMY AND NAVY PENSIONS

to have been $129,391,228.38. The Secretary's finance report for 1870, page 80,
gives the expenditures for the same purpose and same years $143,540,493.44, or

THIRTEEN MILLION FIVE HUNDRED AND FIFTY-FOUR THOUSAND FOUR HUNDRED

AND NINETEEN DOLLARS AND EIGHTY-NINE CENTS morc than the Commissioner of
Pensions reports. The Treasurer says the Commissioner received $13,554,419.89
more than the Commissioner officially says he received.

There are millions of dollars difference between the Secretary, Tresysurer, and
Register as to cash in the treasury at the end of fiscal years. It is a fact that the
statements of the Secretary, Register, and Treasurer all differ widely at the end of
fiscal years between 1860 and 1870 as to cash in the treasury, interest paid,
receipts and expenditures, and the amount of the public debt. No explanation is
given by the minority report or the treasury officials.

The annual reports of

THE PUBLIC DEBT

from 1835 to 1869 are, in the year 1871, practically thrown aside. In 1871 and
subsequent years the statements of the public debt for these years by some magical
power is changed, and all the previous reports for thirty-five years are abandoned,
or nt least sought to be abandoned. In some years, according to the new order
of things, there is an increase and in other years a decrease in comparison with
the reports that were made from year to year during all this time. The reports of
1869 and previous years show aggregate of the annual statements of the public
debt at the end of 1869 to be $19,973,622,423.71. But under the new dispensation
of 1871, the report for the same years brings the debt up to $20,221,399,098.42, or

TWO HUNDRED AND FORTY-SEVEN MILLION, SEVEN HUNDRED AND SIXTY-SIX
THOUSAND SIX HUNDRED AND SEVENTY-FOUR DOLLARS AND SEVENTY-ONE CENTS

more than it had been reported. It is a significant fact that during the years 18C7
and 1868, preceding Grant's election, the first time the new report shows a decrease
in the public debt, but in the years 1809 and 1370 the debt suddenly increased
$193,000,000. The examination of these debt statements shows how regularly they
•were

TIIKASUKV ];OOK-KEEPING.

329

MANIPULATED ABOUT ELECTION TIMES,

After tlie election the debt, as in 1869 and 1870, is forced up to cover the
forcing down process that preceded the election. But there is no such covering
up process to account for the marvelous and sudden increase of over two hundred
and forty-seven millions in the year 1871. A new table of expenditures in the
report of 1871 is also brought into service, and past reports discarded •

Increase of expenditures in, report of 1^11 as compared toith report of 1869.

Year.

Militarj'
serMce.

Pension:;.

Indians.

Na'->1 c'^ab-

liaumciit.

Total

1860

S2,000,000 00

i

1862

$104,546 10

2,^.75.706 35

91.678 17

92.395 81

48,664 76

.

1863 . .

4,015.810 99

$50,130 04
49,657" 95"

1864

18''.5. . ...

$5,840 73

7,056,010 86

197 53

1866

Total....

Increase:

Military serv
Pensions . .

$6,015,810 99

$7,061,949 12

$2,412,991 19

$99,787 99

' $6,015,810 99

7.061,940 12

Indians

i 2,412,991 19
1 99,787 99

Naval establ

Total...

$15,590,539 29

ERASURES AND MUTILATIONS.

To make the new statements which bsgan with the report for 1871 consist with
books of former years, the books of former years were scratched and made almost
a new set.

On the question of alteration, changes, and erasures of the Treasury books,
William Wdodville testified :

Q. Did yon find upon ♦^hose bo'^ks alterations or errors or erasures in figures ?

A. Yes, sir; I found alterations, scratches, canceled warrants.

Q. To what extent?

A. In the Treasurer's books from 1860 to 1867, inclusive, the alterations, scratches and canceled
warrants amounted to about twelve hundred in round numbers.

Q. Twelve hundred different alterations ?

A. Alterations, scratches, and canceled warrants, anything like a change from the original
amount.

Q. Just explain generally what you found upon the books in regard to erasures or alterations of
figures ?

A. Amounts scratched and new figures substituted.

It will be seen from the above that the testimony shows on the Treasury books
between 1860 and 1867 in round numbers twelve hundred alterations, changes,
erasures, etc., affecting amounts ranging from a few dollars to many millions.
Mr. Saville, former chief clerk of Treasury Department, answered :

Q. Do you think it would be good book-keeping to carry erasures into the ledger ? Of coTirse a
ledger is made up from the day-books and journals, and do you think it would be good book keeping
to make "lots " of erasures and alterations, as you expressed it, in the ledgers ?

A.I should not call it good book-keeping. I would not employ a book-keeper who did much of it^

On the same point let us read from Mr. Gentry's testimony, page 174 :

John W. Gentry sworn and examined.

By the Chairman: Q. Have you made a careful examination of certain ledgers of the Register
and Secretary of the Treasury ?

A. I have.

Q. You selected one of the number that you have examined as an example cf all that you
examined ?

A. I did of those mentioned in this statement.

Q. Is the statement before you the statement you wish w^w to offer as being a correct statement
of the erasures and apparent alterations on the books you examined t

A. It is.

He had examined nine ledgers ; three from the Register's office and six from the

330 TREASURY BOOK-KKEPING.

office of the Secretary of the Treasury. la all he found 2, 527 erasures and appar-
ent alterations, and these changes involved amounts ranging up to twenty millicn
dollars. These books are the great ledgers of the Treasury Department. The
erasures in the day books and journals were so numerous tlict they were not com-
puted. Major Power, the chief clerk, testifies thr.t no scratch should appear on
the ledgers. Mr. Saville, another clerk at the head of a Bureau, says he would not
etain a book-keeper who made changes on the ledgers. Yet there are thousands
on the books, and no one can tell who made them or why.
On the subject of

LEAVES CUT OUT

of the books, William Woodville says :

S. Do'you know of any leaves beino; entirely out of the books, that appearel to have been cut out?
. Yes, sir. In the beginning of the war eome of the Treasurer's accounts are that way, abuut
18G1 and 1862.
(J,. In how many instances ?
A. Two— four leaves in one case, and five in the other. I can produce the books if you wish.

This shows that not only changes, etc., in amounts have been made, but that
entire leaves are out of books and cannot be accounted for — no one can tell whnt
amounts they affected, why the leaves were cut out, or what became of them — it
has not been explained.

The minority report admits the above and says :

Numerous alterations and erasures npon the books of the Secretary, Treasurer, and Recisterwere
discovered, and in some iustanct-s entire leaves were found to be cut or torn from some of the books.

Major Power testifies that to examine the debt statement carefully to find error's,

if any, for a year during the late war, would require four or five clerks a year. On

the same page we find the following :

Q. Going into the warrants and transactions of the government to show whether or not there
were errors in the accounts ?

A. To not go beyond the stated accounts as stated and certified by tlie Comptrollers, it would not
be a task of much difliculty. It would take four or five years.

Q. For how many clerks ?

A. With a corps of seven or eight clerks.

Thus it appears that this experienced oflicer of tlie Treasury Department testi-
fies that it would take seven or eight clerks four or five years to examine carefully
the accounts of the government between 1860 and 1870. Notwithstanding this th3
testimony is that a new and inexperienced clerk examined the books from 1833 to
1870 in four or five months, and upon that examination wholesale changes wer3
made. Mr. Bayley, a clerk in Treasury Department, testified that he was a new
clerk, and the first work he did in the department was to make up statements.

THE SECRETARY VIOLATES THE LAW.

In chapter 6, section 313 of the Revised Statutes it is provided that the Register
of the Treasury shall be the official book-keeper of the Treasury Department. Tlie
testimony taken by the comniittee, which was altogether that of treasury oQcials,
was all to the effect that sixty days was enough time to close and correctly state
all accounts, yet many alterations have been made after accounts had not only been
closed, but had years before been reported to Congress. In 1871 the books of tlie
department were the most subjected to forced entries and balances. The Register
of the Treasury was the official book-keeper yet in 1871 the public debt was
increased a quarter of a million and the official book-keeper was compelled to yield
his official statement of the debt. Here is hoAV it v/as done :

Register Scofield, on page 5 of the testimony, was asked the following questions,
to which he gave the answers stated :

Q. You Fpeak of an order from the Secretary to the then Regirter, who I believe was Mr. Allison,

r

TREASURY BOOK-KEEPING. 331

to make the changes you have referred to in this debt statement. Will yon give the committee
that order ? A. Yes, sir; this is the original order, and I will hand you a copy.

Q. Read us the original. A. I will.

" Treasury Department, November 24, 1871.

" Sir: I have to request that the statement of the public debt on the let day of January in each
of the years from 1791 to 1842, inclusive, and at various dates in subsequent years, to July 1, 1870,
as printed on page 276 of the finance report for 1870, may be omitted from your tables in the forth-
coming reports, or else that it be corrected to conform to Table H on page 25 of the same report for
the same year.

" This request is made in consequence of a letter from the Assistant Secretary of the Treasury^
now in London, who complains that these different tables are frequently referred to in England,
and the discrepancies between them constantly and unfavorably commented upon.

" The table found on page 25 is, I believe, as nearly correct as the examination of the accounts up
to the present time will enable it to be made, though I am under the impression there will be some
changes necessary in order to make it absolutely reliable.

" Very respectfully, "J. H. SAVILLE, Chief Clerk.

" Hon. John Allison, Register of the Treasury."

This letter is indorsed : "Secretary of the Treasury ; chief clerk; 24,171. Asks statement of the
public debt may be made to correspond with statement made in Secretary's office. Memorandum.
As published for the fiscal year ending June 30th, 1871, the statement is the same as the Secretary's.

George S. Boutwell, of Massachusetts, was the Secretary of the Treasury who
ordered these changes. As soon as Boutwell came into the office, in 1869, he began
his peculiar manipulations of the accounts of the government finances.

Major Power tells us that the Secretary and Register, previous to 1870, agreed

as to the amount of the public debt and the receipts and expenditures, and that •

they substantially agree since 1871 ; and that the changes and alterations took

place between 1869 and 1871 ; and that there were none before and have been none

since. He was asked :

Q, Do I understand that you could not make a correct debt statem<»nt commencing with 1833 and
coming to 1870 by issues and redemptions ? A. I could do it.
Q,. Would it be correct ? A. It would be correct.

This shows that the present chief clerk of the Treasury Department thinks that
a correct statement of the public debt could be made up from issues and redemp-
tions. If so, why in 1870 introduce a new system which changed and increased
the public debt and the expenditures ? There must have been a cause for it. Let
those who made the changes explain.

Before 1869 the

PACIFIC RAILROAD INDEBTEDNESS

was a part of the regular statements of the public debt. After that it was dropped
out.

This shows two important facts : First, up to and including 1869 what is
known as the Pacific Railroad debt, amounting to about $58,000,000, was in-
cluded in the debt statement of the Secretary, but was dropped out in 1869.
Second, if it had been included, instead of the Secretary's statement of 1870
increasing the debt $94,000,000, the increase would have been $151,000,000.

Major Power testifying regarding the issuance of bonds says :

Q,. An order comes from the treasurer's office to the loan branch of the secretary's office to
issue a bond for S1.0(X) ; the loan division directs a two-thousand-dollar bond to be issued instoad
of one-thousand-dollai bond, which the treasurer directed to be ordered. That order goes to the
register. I understand. The register issues a two-thousand-dollar bond, and it comes back to the
same office that ordered it for the seal ; that office puts the seal on it and the bond then goes back
ro the r' gister for delivery ?

A. That is the practice.

Q. Then there is no check outside of that particular office as to whether or not the bond was a
one-thousand-dollar or a two-thousand-dollar Dond ?

A. I believe not.

William Fletcher, chief of the loan division, and Treasurer Gilfillan, each agrees
with Major Power, that there is little or no check on the loan division in issuing
bonds.

The bonds ought to be sent to the treasurer to see if the money received agrees
with the amount named in the bond. The minority report of the Senate commit-
tee says:

S32 TREASURY BOOK-KEEPING.

The present method of handling securities of the goverment including notes,
bonds, and stamps, would be greatly improved by having all securities pass through
the office of the register.

It does not require any evidence of the officials, which in itself is conclusive to
show every citizen that no one really knows the true state of the government's
finances. Forced balances have been made amounting according to the official
records to over $300,000,000.

THE FICTITIOUS WARRANTS

for these amounts, the chief of the warrant division testifies, are not on file. Many
of them were no doubt merely drawn up as part of the formula by which balances
were forced, but why should they disappear from the archives of the treasury?
If all this vast sum was merely figures used to balance the books, why not keep the
warrants? If all was not for this purpose, some of the warrants would be interest-
ing reading. So it is that the people are in utter darkness as to the financial con-
dition of their country, and will continue to be so until a new set of men can ex-
amine the books and learn the truth.

"WAB CLAIMS. 333

WAR CLAIMS.

THE REPUBLICAN CRY AGAINST SO-CALLED REBEL CLAIMS.

The charge has been made by leading Republicans in Congress, and echoed by
Republican newspapers, that the Democratic party proposes to pay all of the so-
called Southern claims. A deluge of claims for losses incurrred by the Confed-
erates during the war, it is asserted, will pour in upon Congress and that body
will empty the Treasury and bankrupt the country by appropriating the money
necessary to pay them. By careful figuring they demonstrate that the payment
of these imaginary claims will wreck the financial and industrial interests of the
North, and that the South itself will go down in the common bankruptcy and
ruin that will follow this wild extravagance.

Just why a Democratic Congress, and a Democratic chief magistrate should
wish to ruin and destroy the industries of the people, these alarmists do not ex-
plain.

In the catalogue of these imaginary claims which the Republicans assert will
be settled by a Democratic Congress are claims for all the slaves that were eman-
cipated during the war, and for all losses incurred in aid of the rebellion by the
Confederate states and the people of the South.

To show that there is neither sense nor sincerity in this vulgar clamor, it is
only necessary to say, what is known to every intelligent man in the Republic, that
all of these claims are forever barred by the Constitution of the United States. No
man of any party, in any section of the country, desires to see them paid. They
are impossible claims, without a single living "claimant " foolish enough to press,
them, and without a forum in which a single one of them can be adjudicated.

The fourth clause of the Fourteenth Amendment to the Constitution of the
United States is in the following words :

Sec. IV. The validity of the public debt of the United States, authorized by law, including
debts incurred for payment of pensions and bounties for services in suppressing insurrection or
rebellion, shall not be questioned.

But neither the United States nor ant state shall assume or pat ant debt or
obligation incurred in aid of insurrection or rebellion against the united states,
or ant claim for the loss or kmancipation of ant slave ; but all such debts, obliga-
tions and claims shall be held illegal and void.

By this amendment to the Constitution all such claims are removed from the

domain of discussion, and any attempt to agitate the question of their possible

payment becomes the trade of the demagogue alone.

CLAIMS OP "loyal CITIZENS" NOT BARRED BY THE CONSTITUTION.

By various acts of Congress several classes of claims have been legalized, and
enormous sums have been paid. But all the claims that have ever been paid to citi-
zens of the Southern states since the close of the late war were paid under laws
enacted by Republican Congresses, and under decisions of courts created by Repub-
lican legislation. The Democratic party has always opposed the settlement of
these claims incurred by citizens of the Southern states as incident to the war.
Even the "Confederate brigadiers" have joined heartily with the Northern

3a4 WAR CLAIMS.

Democrats in Congress in resisting any further demands upon the Treasury for
these war losses. A reference to public statutes and the records of Congress and
the depaitments will show the relative positions of the two great parties on this
subject.

COMMISSIONERS OP CLAIMS (KNOWN -..S SOUTHERN CLAIMS COMMISSION).

This tribunal, consisting of three cororuissioners, appointed by General Grant,
President, by and with the advice and consent of the Senate, was created and es-
tablished by sections 2 to 6 of the Army Appropriation Act of March 3, 1871 (Stat,
at L., vol. 16, p. 524). Its jurisdiction over persons extends to all citizens of the
United States who, during the war of the rebellion, were loyal adherents to the
cause and the government of the United States.

Tiie subject matters of its jurisd^ction, as defined in the organic act, are claims
for stores or supplies taken or furnished for the use of the army of the United
States in states proclaimed as in insurrection, and claims for the use and loss of
vessels or boats while employed \n the military service of the United States in
»^tates proclaimed as in insurrection.

By a subsequent act of May H, 1872 (vol. 17, p. 97), the jurisdiction was ex-
tended to claims for stores or si'pplies taken or furnished for the use of the navy
of the United States in states p' oclaimed as in insurrection,

The organic act provided tl>at all claims within the act and not presented to
this tribunal shall be barred; and this provision was construed by the then Attor-
ney-General to divest the quartermaster general, the commissary-general, and
the accounting officers of the Treasury of the jurisdiction conferred upon them
over claims for quartermaster stores and for subsistence from the state of Tenne-
see, and the counties of Berkeley and Jefferson, West Virginia, by the joint reso-
lutions of June 18, 1866, and July 28, 1866, respectively (vol. 14, pp. 360 and
370).

But by an act approved April 20, 1871 (vol. 17, p. 12), it was provided that the
jurisdiction of those officers over such claims from Tennessee and West Virginia,
and over claims for steamboats and other vessels, should not be withdrawn or im-
paired by any construction of the act creating Commissioners of Claims ; and so
the law has remained to the present day. It follows, then, that the jurisdiction
over claims of loyal citizens for the use or loss of vessels in insurrectionary
waters, or for quartermaster or commissary stores taken or furnished in the state
of Tennesseee or the counties of Berkeley or Jefferson aforesaid, is concurrent.

The duration or term of the commission, under the act of March 8, 1871, was
fixed at two years ; and all claims within its jurisdiction were required to be pre-
sented within that time. But the term was extended four years by the Act of
March 3, 1873 (vol. 17, p. 577), and again for two years by the Act of March 3,
1877 (vol. 19, p. 404).

The first of these acts prohibited the receipt of any new claims, and the last
prohibited the admission of evidence in support of any claim after March 10,
1878, except in rebuttal of evidence introduced in behalf of the government.

AMOUNTS ALLOWED BY THE SOUTHERN CLAIMS COMMISSION.

Ut. Report 42d Congress, 2d Session, H. R. Mis. Doc. No, 16 $344,168.20

2d. " 42d •' 3d " " " " " 12 806,699.31

3d, "43d " 1st •' «« " «' «» 2.3 643,713,04

4th, "43d " 2d " " " " " 18 770,711,37

.5th. "44th " 1st " " " " " 30 492,602.17

5th, (2d, pt,) 44th " 1st " " " " " 30 39,908.33

6th. "44th " 2d " " " " " 4 474,632,45

7th, "45th " 2d " " " " " 4 434,638.48

8th. "45th " 3d " " " " " 6,,. \ 287,628.44

9th, "46th " 2d " " " " " 10 241,611,22

$4,536,313.01

WAR CLAIMS. 335

REPUBLICAN SLANDEKS REPUTED.

Mr. Davis, of North Carolina, in a speech made May 29th, 1878, in the House
said :

The gentleman from Indiana [Mr. Hanna] in his speech commenting upon war claims, said:
" Ever since the suppression of the rebellion the persistence with which this class of claims has been
pressed upon the attention of Congress has furnished well-grounded and grave fears in the mind of
the people that it is the determined purpose of the Democratic party in the event of ascendancy to
compel the government to assume and pay all losses and damages resulting from the prosecution
of the war in defense of our nationality. Each succeeding year furnishes cumulative evidence in
support of the truth of the charge that such is the well-settled purpose of those who control the
action of that party. For a time the approaches to the treasury were cautious, guarded, gradual,
and well calculated to deceive the unsuspecting."

Now, sir, this is a broad and unqualified statement from the gentleman from Indiana. He then
says:

" I have carefully examined thirty-seven hundred and ten of the bills introduced, and the abstract
of the character stated of those referred to the Committee on War Claims I will, by leave of the
House, print as part of my remarks :"'

And the list is published, headed :

Abstract of War-Claim Bills introduced in the Forty-fifth Congress.

I have taken pains to count the list, and I find the number to be six hundred and thirty-one.
To make this terrible array of long columns— six pages of the Record— 1 find that bill No. 415,
introduced by my friend from Tennessee (Mr. Dibrell], has been repeated just fifty-four times;
bill No. 582, by the gentleman from Missouri [Mr. Crittenden], four times; No. 878, by Mr. House,
twenty-four times; No. 955, by my friend Mi. Vance, eight tim s; No. 1025, by Mr. Turner, six
times; No. 1030, by Mr. Carlisle, twenty-nine times; No. 1049, by Mr. Atkins, forty-nine times;
No. 1722, by Mr. Giddings, nineteen times; No. 2568, by Mr. Williams, eight times; and No. 2780,
by Mr. Carlisle, seventeen times.

Of course I will not do the gentleman the injustice to charge that this was done for the purpose
of misleading anybody, but it docs make the array look imposing, and then, too, it shows how
careful was the " examination." But it so happens, as I am informed by my friend from Kentucky
[Mr. Caldwell], that bill 1049, introduced by Mr. Atkins, and which is divided by the gentleman
from Indiana [Mr. Hauna], into forty-nine parts, was reported back to the House from the Com-
mittee on War Claims; and the .same bill, appropriating $24,2.57.31, is charged again in the list to
Mr. Caldwell, thus not only doubling the number many times, but doubling the amount. Now it
seems to me that a little careful examination would have sufficed to show not only that Mr. Cald-
well was reporting a substitute, but that the names of the parties wer j the same. How many more
errors there are in the gentleman's " carefully prepared statement" I am unable to say, but I have
added up the figures and I find the whole to amount to $5,000,107.06. One would infer naturally
from the gentleman's speech that all those were Southern war claims — " rebel claims." * *

I have already shown the means— I will not say the disingenuous means— by which these claims
have been magnified \ but that is not the worst of it. I have taken some pains to analyze the
character of these claims, not as carefully perhaps as did the gentleman from Indiana and others on
that side of the House, but still with sufficient care to find out .some things that were strangely over-
looked by them in their ''careful " examinations. I find, in thg first place, that only $2,573,028.69
of the claims in the gentleman's schedule are from the late ConfMerate States. I find that ten of
his bills are for loyal churches, seven of them in lojal states; one of the bills is for a loyal temper-
ance society in a loyal state; two for loyal academies in loyal states; one for Touro almshouse in
Louisiana (possibly this may have been some disloyal charity, I do not know how this is); one for
the loyal state of West Virginia; one for an agricultural association in Kentucky.

Now, let us take a running review of the gentleman's list of war claims which are going to bank-
rupt the treasury. Here it is. [Holding it up.]

To begin with, the very first we find on the hsl is a claim from the loyal state of Connecticut for
$8,655, first introduced into the Republican Forty-third Congress by Mr. Kellogg, a Republican ;
and next on the list is a claim for $5,000 from the state of New Jersey. The next comes from
Tennessee ; there is not a claimant from that state who is not a loyal man. Then there is a claim-
f rom Pennsylvania— the state from which our Speaker comes. Then comes New York ; and then
3Iaryland, with twenty-two claims, all in a bunch, and, as I leari from my friend from Maryland
[Mr. Walsh], they are all the claims of loyal men. Then comes Virginia. Then comes North Caro-
lina, which 18 a little claim, but North Carolina has been very modest in this respect. Then Ohio
comes for one-fourth of a steamboat. Then comes Pennsylvania for $22,927 ; and then the loyal
state of Kentucky, with a long array of these claims, and the bill H. R. No. 415, which is repeated
fffty-four times on the list, and that claim, as I learn from my friend [Mr. Dibrell], is for persons
some of whom were soldiers and the widows of soldiers of the Union army— one of them a widow
who lost her husband and two sons in the Union army.

I hold in ny hand a Republican paper, the Cincinnati Commercial, containing a letter written
from thisc'ty by a Republican, giving an account of the claims introduced by Mr. Dibrell:

Mr. Dibrell, "from the third Tennessee district, many of the counties of which had more men in
the Union than in the Confederate army, and which counties are Republican to-day, has introduced
this session thirty or forty bills for the payment of loyal men, some of them a mere pittance of a
few hundred dollars, and none for very large amounts. Yet several Republicans have made speeches
this session on " Southern claims," and they have all paraded Dibrell's bills before the country as a
part of the evidences of a rebel raid on the treasury. I happen to have a large acquaint-
ance in that district and every man I know on Dibrell's list was a Union man, and stands ready to
prove his iJnionism. Some of them can prove it by scars on their bodies, received in the Federal
service. I submit, if this is just treatment of these men.

So much for the speech of the gentleman from Indiana (Mr. Hanna). But the gentleman from
Illinois (Mr. Hayes) came in with a long list of figures, and I have taken some pains to analyze his
table also.

Tne gentleman from Illinois [Mr. Hayes] says in his speech that these claims amount to $300,-
•000.000. And he repeats that three times.

2^o^N, I say that is such a mistake that it ought not to have gone out from this hall. All the claims

33G ^'AI^ CLAIMS.

put together, that have been introduced here hy all the Representatives from the South, will not
amount to anything like that. And if you put m all the appropriations for rivers and harbors and
for the improvement of the Mississippi, they would not altogether make three hundred millions,
nor one-tenth of it.

The bills reported favorably by the Republican Committee on War Claims at the first session of
the Forty-third Congress were one hundred and eight, amounting to .$5,912,790. The number re-
ported favorably at the first session of the Forty-fourth Congress by a Democratic committee wa?
fifty-one, and the amount $215,361. These facts ought to show our Nortliern friends that the treas-
ury is much safer in Democratic than in Republican hands.

At my request, Mr. Smith, the excellent and efficient clerk to the Committee on Claims, has pre-
pared a statement of the claims referred to that committee. I will not repeat the details, for,
without doubling it would make a list nearly as large as that of the gentleman from Indiana (Mr.
Hanna); but I can, with perfect safety, vouch for the accuracy of Mr. Smith, and I give the result
as follows : Whole amount of claims, $5,373,731.23, of which $4,069,527 are from the North, and
only $1,304,203.31 are from the Southern states. The states of Missouri, Kentucky, Maryland and
this District are included in the Southern states.

I am also Indebted to my friend Mr. Smith for a statement showing that in the Forty-second
(Republican) Congress, bills were passed allowing claims to the amount of $2,498,172.35, while the
Forty-fourth (Democratic) Congress, passed only $1,378,267.43, making $1,119,904.93 more passed
by the Forty-second (Republican) Congress than by the Forty-fourth (Democratic) Congress.
This inclnded claims from the Court of Claims, the Southern Claims Commissioners, and the Com-
missary and Quartermaster General's departments. The whole amount of claims allowed other
than those, by the Forty-second Congress, was $989,550.68, of which $860,014.06 were from the
North, and only $1,129,536.44, or le;s than one-sixth, were from the South. Of the amount appro-
priated by that Congress, $62,019.15 were allowed for embezzlements of subordinates in the pay of
the government, that is to make good money stolen.

A similar statement for the Forty-third (Republican) Congress shows whole amount of private
claims allowed was $2,-541,238.65, and by the Fortv-fourth (Democratic) Congress, $1,566,282.42,
making a diflference of $974,956.23.

But that is not all; deducting ihe claims from the Court of Claims, the Southern Claims Commis-
sioners, and the Commissary-General and Quartermaster-Generars departments and the Forty-
third Republican Congress paid claims to the North-
Amounting to : $818,088 65

To the South amounting to : 90,514 34

Excess to North over South $727,574 31

That is more than nine to one. But that is is not the worst. The Forty-third Congress passed bills
to the amount of $247,968.28 to make good losses by the defalcations and embezzlements of subordi-
nates for the relief of various officers. That is, leaving out the claims from the Court of Claims,
Southern Claims Commissioners, and Commissary and Quartermaster-Generals' departments, the
Forty-third Congress paid to

Relieve officers for defalcations and embezzlement $247,968 28

For South 90.514 34

$157,453 94

That is, if you exclude loyal claims, the Forty-third Congress allowed and paid (for it has all been
paid) more money to make good such defaults as are contained in the extract below from Senate
Report No. 236, Forty-fifth Congress, second session, than was paid to all the South. The report
refers to bills to relieve officers for defaults (that is, the stealing) of deputies, etc.

Mr. Eden, of Illinois : In reply to what has been stated in reference to the number of claims pend-
ing before the Committee on War Claims, I wish to state that in the Forty-third Congress there
were reported by that committee private claims to the amount of $396,891.63; for the Quartermas-
ter-General, Commissary-General of Subsistence, and Commissioner of Claims, $1,561,711.76; mak-
ing the total amount reported, $1,959,603.39. That was a Congress in which our Republican friends
had control, and there was a larger number of claims before the Committee on War Claims than
there was in the Forty-fourth Congress when the Democrats had control. I will state further that
in the Forty-fourth Congress the amount of private claims reported amounted to $188,015.30, and
the Quartermaster and Commissary-Generals'and Commissioner of Claims,$943,713, the total amount
reported being $1,131,828.30. The war claims reported favorably by the Republican committee of
the Forty-third Congress exceeds the amount reported by the Democratic committee of the Forty-
fourth Congress over $800,000!

Mr. LocKwooD, of New York: Mr. Speaker, I think it cannot be denied that every law or
decision of the courts under and by virtue of which Southern claims have been paid, and under
which payment is now claimed, was originated and enacted by a Republican Congress and inter-
preted by a Republican judiciary, all the offices of the government since the close of the war prior
to tl e Forty-fourth Congress, legislative and executive, having been held by the Republican party.
In addition to passing all laws under which payment could be made, we find that the Republican
party, prior to 1876, had actually paid of the Southern claims more than $100,000,000.

And it would also appear that the Republican party believed in paying all these claims. I
quote from a speech delivered in the Senate of the United States by the late Senator Morton,
a leader of his party :

" Can we afford to make any other rule on this subject? We might save some money by making
another rule: but in the end it would be penny-wise and pound-foolish economy. After having
expended some $5,000,000,000 to keep the South in the Union, and after all our labors to build up a
loyal party down there, shall we come here making shipwreck in the end by declaring upon the
floor of the Senate that the loyal men, whose hardships and sufferings we can never estimate, shall
be treated as public enemies, and that we will not pay them under the same circumstances
under which we would pay a man for the taking of like property in the North ? I can never
consent to it."

The bills reported from the Committee on War Claims at the first session of the Forty-third Con-

WAS CLAIMS. 33Y

gress amounted to the sum of $5,912,790. That was a Republican Congress. The same committee
of the Forty-fourth Congress, the first Democratic Congress, at the first session, reported bills favor-
ably to the amount of $215,361. The present ' 'ongress has not paid to exceed $5,000 of Southern
claims, and payment in these cases was urged /y the Republican side of the House. The test case
of the present Congress was the bill for the relief of William and Mary College, of Virginia.
The ablest speech made in favor of its payr.entwas by a Republican from Massachusetts, and
the leading speech against it by a Democrat from Wisconsin, and, strange to say, this case, which
has provoked so much debate at this session of Congress and which has acquired such newspaper
notoriety, was passed without serious opposition by the Republican House of the Forty-second
Congress.

The Southern Claims Commission was established by a Republican Congress, and for the purpose
of allowing and providing a way to pay, as its name indicates. Southern claims.

These facts speak for themselves. Let the people who must pay the taxes judge. For my-
self, 1 care not which party advocates the payment of Southern claims ; so long as my voice or
vote can prevent their payment in the committee-room or in the House, I shall continue to
oppose them. They are of the past, and they should be permitted to remain as an inheritance and
warning to evil-doers.

Senator Hill, speaking on the subject of war claims, said : But, Mr. President, I vote against
this bill, because, in my judgment, it is what we call par excellence, a war claim, and I am
against the payment of all war claims, * * * unless it be perhaps some

few exceptions in favor of religious, educational, and charitable institutions ; and there are
very few even of that character that I will except. I vote against their payment upon principle. • I
have considered this question very carefully, and for a long time, and to-day is the first occasion I
have expressed publicly my views upon the subject, because I did not desire to express them until
after careful consideration of the question.

Now, why do I vote against this claim ? It is, as I have said, emphatically a war claim ; that is,
it is a claim for compensation by reason of losses incurred during the war and by act of war. My
first reason for not voting for it is that we cannot pay all of this kind of claims. They would bank-
rui)t the government. It is impossible that the government should be expected to pay all these
claims and claims standing on as good footing as this in every respect.

I think, sir, all parties ought to take this position. It is a little painful to me to see gentlemen
of one party seeking to make political capital out of cases of this kind, and the other side protest-
ing that it is not right. Why not agree to take some common position, that these war losses cannot
be paid ? The government is not able to pay them ; the government ought not to pay them, in
view of their peculiar character and the circumstances of the war, and the sooner the people are
taught that, the better, and let these constant irritations about the payment of war losses cease. As
I said, I might make a few exceptions in favor of religious, educational, or charitable institutions,
but I should make very few of that sort. Where the property destroyed was of such a character as
to be of great public importance and great public benefit, not only to one section of the country,
but to all sections of the country, I should think it would be legitimate and proper as a public bene-
fit to pay that kind of loss. There are, I think, perhaps a few cases of that kind, but put them
altogether, so far as my knowledge extends, they would not exceed half a million of dollars.

Mr. President, I am the humblest man in the Democratic p>.ity. That party, after eighteen
years of absence, I trust and believe, is about to return full-fledged to power. I think it will ha^j.
possession of every department of this government. It certainly will have it if we convince the
people North and South that we deserve to have it ; for evidently the people are well satisfied that
the Republican party does not deserve to be continued in power, and the only question with the
people is whether the Democratic party does deserve to be intrusted with power. If I had control
of the party, as I have not, and shall never have, if my voice were worth anything, there are four
things I would have the Democratic party to proclaim to the world in most convincing terms and
adhere to with unflin hing fidelity. I would have the party to say :

1. We will not pay w t-r losses, loyal or disloyal, unless we make a few exceptions of religious,
educational and charitab '■ institutions, and very few of these.

2. We will vote no mor^ of the public money and no more of the public credit, and no more of
the public lands to build up or enrich mammoth monopolies in the shape of railroad corporations.

. 3. We will in good faith pay every dollar of the public debt, principal and interest, in good money
of the standard value.

4. We will restore the Constitution to the country and honesty and economy to its administration,
confining the general government to its limited, delegated sovereign powers to promote the general
welfare, and leaving the states unmolested in the exercise of their reserved sovereign powers to
promote the local welfare of the people.

Do these four things, and, in my judgment, the child is not bom who will witness the termi-
nation of Democratic administration in this country, and the tongue has not been gifted with
language that can express the prosperity which will follow to all our people in every section of our
country.

888 PEIVATE CLAIMS AGAINST THE GOVERNMENT.

PRIVATE CLAIMS AGAINST THE GOVERNMENT.

Mr. Potter, from the Committee on Reform in the Civil Service, submitted

the following report, May 18, 1878 :

By the theory of government the sovereign was regarded as the source of all power. He could
not, therefore be liable to his subjects ; for redress, he could be petitioned, but not compelled ;
and, as he could do no wrong, every petitioner might expect to have his claim justly considered.

Accordingly, when our fathers framed this government, they made no provision for suits
against it. They provided in the fundamental Taw that the right of petition should never be
abridged, and declared that the government was formed to maintain justice ; but they left those
who had claims upon it to petition it for redress. From the beginning, therefore. Congress pro-
ceeded to consider the private claims upon the government addressed to it, to satisfy itself of their
merits, and dispose of them in its absolute discretion. In those days, with few members and little
business, an intelligent consideration of such claims was not impossible ; but as population
and wealth and industries increased, the private claims addressed to Congress rose to a number
and importance which made intelligent consideration of them by Congress impossible.

From the nature of things no tribunal can be less fitted to examine and decide upon private
claims than the Congress. The organization of the body requires that the consideration of such
claims must be first had in committee. The pressure of business is now so great that the claims
before the committees are generally allotted for examination to subcommittees of one, or two, or
three members. Claimants, therefore, naturally begin by seeking first a favorable committee to
which to refer their claims, and next for a favoraole selection from that committee to consider
them. Evidence is then offered in the form of statements or of ex parte affidavits. There is no
answer, usually no personal appearance of witnesses, no cross-examination, no opposing testimony,
no inquiry by nor appearance on the part of the government, no general publicity, no check against
fraud, and no prescribed rules and regulations for the investigation. Many of the claims are im-
pressed with a sectional or party character especially calculated to exclude all judicial fairness in
their consideration.

The evil resulting from the consideration of private claims by Congress, and the injustice and
delay done to honest claimants were early observed.

Sensible of how illy fitted such a body was to maintain the justice for which the government was
established, and moved by the example of other civilized nations that had established judiciaj.
tribunals to determine the claims of their subjects upon the government, Congress in 1855
established a court to take the evidence in respect of all that class of claims that arose out of
contract, or were based upon jjositive law, and to report to Congress the facts found and its recom-
mendation as to the disposition to be made of the cases so heard. Subsequently, in 1863, the
jurisdiction of this court of claims was so extended as to authorize it to give judgment in the cases
heard by it.

But there still remain large classes of claimants of whose claims no court has jurisdiction.
Many of these claims are addressed to the legislative discretion of Congress, a discretion which
cannot be relegated to any court, such as claims falling within the principles but not the terms of
existing laws.

How numerous these cases have become may be seen from the fact that of late years the number
of private bills alone belonging to the exceptional classes, relief for which rests in the discretion
of Congress, amount in a session of Congress to about 2,500, or about five for each day Congress
is in session.

From the nature of these exceptional claims, their final determination must remain with the
Congress to whose discretion they are addressed. All that can be done in such cases is therefore
to secure a judicial ascertainment of the facts involved. But to do that will be in a very great
degree to cure existing evils. When the facts are fairly and judicially ascertained, and an
impartial court has given its opinion as to the merits of each claim, we may expect the action of
Congress to be as speedy, as uniform, and as reasonable as practicable.

It is intended by this bill to provide for the judicial ascertainment of the facts involved in every
private claim for which no judicial tribunal has been afforded, and to prohibit the consideration
by Congress of any jyrivate claim until the facts involved in it have been so determined. That is,
to substitute a court, ascertaining the facts by judicial methods, and reporting the same to Congress
with its recommendation in each case, for and in the place of, the committee to whom the examin-
ation of such claims is now referred. All the court could judicially ascertain in such cases would
be what loss the claimant had sustained by the war, and the circumstances of the loss ; and
whether he was loyal. It would be for Congress then to decide if any case of that class should be
paid at all. But i/' such claims are to be paid at all, such a determination of the facts about them
would largely reduce the present chance of imposition, deception and mistake ; would expedite
the worthy and prevent the allowance to unworthy claimants.

The following bill— H. R. 5214— is the substitute for the original bill, reported
by the committee.

PKIYATE CLAIMS AGAINST THE GOVERNMENT. 339

An act pi-oviding for the judicial ascertainment of claims against tlie United States,
Be it enacted, etc., that any person who may have a claim against the United States of which
the Court of Claims would not now have jurisdiction, but founded upon equity and justice, and
not bound by any statute of limitations provided by any law of the United States, may file his bill
in the Court of Claims of the United States, setting out the grounds of his claim and the relief
desired by him ; and the Attorney-General of the United Sta.tes shall appear and plead thereto a&
provided for in other cases.

Section 2. Any issue of fact joined upon such bill may be tried by the court as now provided for
cases of which it has jurisdiction.

Soction 3. The court shall find the facts appearing from the testimony before them in each case,
and shall report their findings to Congress, with their opinion as to the determination that should
be made of such claim.

Section 4. Congress shall not consider nor allow nor authorize the payment of any private claim
not payable under existing laws until the same has been heard and reported to Congress by said
Court of Claims, as herein provided.

Section 5. All claims againsi the United States provided for by this act not prosecuted within six
years from the passage of this act, or of the time when the same severally accrued, shall be barred,
exccjit that when the claimants are under legal disability to sue, the action must be brought within
said six years, or within three years after such disability shall cease.

Mr. Potter moved that the rules be suspended so as to enable him to report from
the (.committee on Reform in the civil service, as a substitute for the bill of the
House (H, R. 4277) providing for a judicial ascertainment of claims against the
United States, a bill of the same title (see above bill), and enable the House to
pass the same, and the question being put, viz, :

Shall the rules be suspended ? It was decided in the affirmative, two-thirds

voting in favor thereof — yeas 168, nays 75, not voting 48 — the yeas and nays

being desired by one-fifth of the members present. Those who voted in the

affirmative are Democrats in italics-

Mr. J. H. Acklen ; D. Wyatt Aiken ; J. D. C. Atkins ; William J. Bacon : George A. Bagley ;
Henry B. Banning ; Hiram P. Bell ; George A. Bicknell ; Horatio Bisbee, Jr. ; Jos. C. S. Black-
burn ; Archibald M. Bliss ; Jarnes H. Blount ; Andrew R. Boone ; Thomas A. Boyd ; Samuel A.
Bridges ; John M. Bnght ; Curtis H. Brogden ; George C. Cabell ; John W. Caldwell ; Jacob M.
Campbell ; Milton A. Candler ; Lucien B. Caswell : ./. Ji. Chalmers; Alvah A. Clark; John B.
Clark ; John B. Clarke, Jr. ; Rush Clark ; Heister Clymer ; Thomas R. Cobb ; Philip Cook ; James .
W. Covert ; Jacob D. Cox ; Samuel S. Cox ; William W. Crapo ; Jordan E. Cravens ; Tlwmas T.
Crittenden; D. B. Culbertson ; H. J. B. Cummiugs ; Augustus W. Cutler; Robert H. M. Davidson ;
Joseph J. Davis ; Benjatnin Dean ; George G. Dibrell ; H. L. Dickey ; Mark H. Bunnell ; Milton J.
Durham ; Benjamin T. Eamcs ; John R. Eden; Anthony Eickhoff ; J. B. Elam ; Russell Errett ;
John H. Evins ; Thomas Eiving ; William II. Felton ; Ebenezer B. Finley ; William H. Forney ;
Charles Foster ; Benjamin J. Franklin ; Benoni S. Fuller ; James A. Garfield ; WdliamW. Garth ;
Lucien C. Cause; Randall L. Gibson ; D. C. Giddings ; John Goode ; Eugene Hale ; Andrew H.
Hamilton ; Augustus II. Ilurdenbergh ; Henry R. Harris ; John T. Harris ; Carter H. Harrison ;
E. Kirke Hart ; Julian Ilartridge ; William Hartzell ; Thomas J. Henderson ; Eli J. Henckle ;
Daniel M. Henry ; Abram S. Hewitt ; Goldsmith W. Ilewett ; Hilary A. Herbert ; Charles E. Hooker ;
J. F. House ; Enpa Hunton ; H. L. Humphrey ; J. N. Hungerford ; Anthony Ittner ; A. B. James ;
Frank Jones; J. T. Jones; J. S.Jones ; Joseph Jorgenson ; John E. Kenna ; William Kimmel ;
J. Proctor Knott ; William Lathrop ; Robert F. Leighton, ; s. D. Lindsay ; D. N. Lockwood ; J. K.
LuttreU; W. Pitt Lynde ; L. A. Mackey ; Levi Maish ; V. II. Manning ; S. L. Mayham ; A. G.
McCook \ J. A. McKenzie ; J. A. McMahon ; Roger Q. Mills ; James Monroe ; C. H. Morgan ; W.
R. Morrison ; Leopold Morse ; II. L. Muldrow ; Nicholas Muller ; Addison Oliver ; Charles O'Neill ;
T. M. Patterson ; Jam£s Plielps ; C. N. Potter ; T. C. Pound ; A. L. Pridemme ; J. H. Randolph ;
David Rea ; John H. Reagan ; Thomas B. Reed ; James B. ReUly ; A. V. Rice ; II. Y. Riddle ;
W. M. Robins ; C. B. Roberts ; G. D. Robinson ; Miles Ross; MUton Sayler ; A. M. Scales ; G.
Schleicher ; L. Sexton ; CM. Shelley ; O. R. Singleton ; Robert Smalls ; W. E. Smith ; M. I. Soittfi
ard: W. A. J. Sparks; W. M. Sanger; W. L.Steele; W. S. Stenger ; A. H. Stevens; H. B.
Straight ; J. M. Thompson ; J- W. Thxxikmorton ; R. W. Townshend ; J. R. Tucker ; Thomas
Turner; Jacob Turney ; R. B. Vance; W. D. Veeder ; A. M. Waddell ; J. T,Wait ; G. C. Walker;
Levi Warner ; W. C. Whittliorne ; P. D. ^Vigg^nton ; A. S. Williams ; C. G. Williams ; James
Williams ; Richard Williams ; Albert S. Willis ; Benjamin Wilson ; Casey Young.

Those who voted in the negative «reMr. William Aldrich ; Mr. William H. Beeken ; Mr. H. W.
Blair ; John H. Baker ; N. P. Banks ; Gabriel Bouck ; E. S. Bragg ; L. Brentum ; M. S. Brewer ;
James F. Briggs ; T. M. Browne : Solomon Bundy ; T. W. Burdick ; B. P. Butler; W. H. Calkins ;
J. G. Cannon : William Claflin : Nathan Cole : O. D. Conger ; Lorenzo Danf ord ; Horace Davis ;
N. C. Deering ; D. C. Dennison ; J. W. Uwight ; C. C. Elsworth : J. U. Evans ; J. L. Evans ; C.
Freeman ; W. P, Frey : Mills Gardner ; JohnHanna ; A. C. Banner ; D. C. Haskell ; P. C. Hayes ;
G. C. Hazelton ; G. W. Hende ; J. Hiscock ; J. A. Hubbell ; M. C. Hunter ; E. W. Keightley ; W.
D. Kelley ; J. H. Ketcham ; E. G. Lapliam ; G. B. Loring ; B. F. Marsh : J.H . McGowan ; W.
McKinley, Jr. ; J. I. Mitchell ; H S. Neal ; E. Overton, Jr. ; H. F. Pasre ; G. W. Patterson ; T. B.
Peddie ; W. A. Phillips ; H. Mc. Pollard ; L. Powers ; W. W. Rice ; Thomas Ryan ; E. S. Samp-
son ; W. F. Sapp ; W. S. Shallenberger ; C. H. Sinnickson ; A. Herr Smith ; J. U. Starin ; J. H.
Stewart ; J. W. Stone : J. C. Stone ; Amos Townsend ; M. L. Townsend ; William Ward ; Frank
Welsh ; M. D. White ; Andrew Williams : B. A. Willis ; Thomas Wren.

Those not voting are Mr. L. W. Bailou ; T. M. Bayne : G. M. Beebe ; C. B. Bennedict ; R. P.
Bland ; A. H. Buckner : H. C. Burchard ; R. H. Cain ; W. P. Caldwell ; J. H. Camp ; J. G. Car-
lisle ; I. B. Chittenden ; F. D. Collins ; B. B. Douglass ; E. J. Ellis ; G. L. Fort ; J. M. Glover ;
T. M. Gunter ; B. W. HaiTis ; R. A. Hatcher ; C. H. Joyce ; J. W. Keifer ; J. W. Killinger ; R. M.
Knapp ; G. M. Landers ; B. F. Martin ; L. S. Metcalf ; H. D. Money ; Amasa Norcross ; Hiram

840

PRIVATE CLAIMS AGAINST THE GOVERNMENT.

Prince ; J. H. Pugh ; T. J. Quinn ; J. H. Rainey ; E. W. Robertson ; M. S. Robinson ; W .F. Slem-
mons ; Thomas Swann ? J. M. Thornburgh ; T. F. Tipton ; N. H. Van Vorhes ; William Walsh ;
L. F. Watson ; Harry White ; J. N. Williams ; Edwin Willits ; Fernando Wood ; H. B. Wright ;
J. J. Yeates.

So the rules were suspended and the said substitute (H. R. 5214) was passed.
Ordered, that the clerk request the concurrence of the Senate in the said bill.

[House Journal, 2d Session, 45th Congress, 1877-78, pp. 1408-9.]
WHAT THE REPUBLICAN SENATE DID.

Senatb, Jan. 8, 1879.— Mr. Conkling, from the Committee on the Judiciary, to whom were re-
ferred the following bills, reported them severally, without amendment, and that they ought not to
pass. * * ***********

H. R., 5214. An act providing for the judicial ascertainment of claims against the United States.

The "Senate proceeded, by unanimous consent, to consider the said bills (S. B. 510, S. B. 1148,
H. R. Bill 3972 and H. R. Bill 5214), as in Committee of the Whole, and no amendment being made,
they were reported to the Senate.

Ordered, That the said bills be postponed indefinitely.

[Senate Journal, 3d session, 45th Congress, 187 -79, pp. 93-94.]

CLAIMS ALLOWED AS PER SECRETARY OP THE TREASURY'S LETTER.

Dec. 31, 1874. Secretary Bristow, 43d Congress, 2d session, Ex.
Doc. No. 107.

Northern states $9,720 21

Loyal Southern states 51,009 18

Southern states 50,570 02

$111,299 41

Jan. 6, 1876. Secretary Bristow, 44th Congress, 1st session, Ex.
Doc. No. 64.

Northern states $12,386 66

Loyal Southern states 72,971 77

Southern states 73,189 67

$158,548 10

Jan. 24, 1877. Secretary Morrill, 44th Congress, 2d session, Ex.
Doc. No. 35.

Northern states $1,758 62

Loyal Southern states 85,026 67

Southern states 102,576 82

$189,362 11

Jan. 14, 1878, Secretary Sherman, 45th Congress, 2d session, Ex.
Doc. No. 31.

Northern States $11,800 13

Loyal Southern states 66,300 35

Southern states 53,305 87

$131,406 35

Jan. 11, 1879. Secretary Sherman, 45th Congress, 3d session.

Northern states. . . : $42,163 43

Loyal Southern states 92,361 85

Southern states 128,600 47

$263,125 75

Dec. 3, 1879. Secretary Sherman, 46th Congress. 2d session, Ex.
Doc. No. 14.

Northern states $19,719 07

Loyal Southern states 42,019 89

Southern states 52,324 89

$114,063 00

Claims allowed as per report. Total

Northern States. • $867,794 72

Dec. 31, 1874 $9,720 21

Jan. 6,1876 12,386 66

Jan. 24, 1877 1,758 62

Jan. 14, 1878 11.800 13

Jan. 11, 1879 , 42,163 43

Dec. 3, 1879 19,719 07

$97,548 12

Loyal Southern States.

Dec.31,1874 $51,009 18

Jan. 6,1876 72,971 77

Jan. 24, 1877 85,02P 67

Jan. 14, 1878 66,300 «J5

Jan. 11,1879 92,361 85

Dec. 3,1879 42,019 89

409,oS9 71

$507,237 83
Southern States.

Dec.31,1874 $50,570 02

Jan. 6,1876 73,189 67

Jan. 24, 1877 102,576 82

Jan. 14, 1878 53,305 87

Jan. 11,1879 128,600 47

Pec. 3,1879 : 52,324 04

360,566 89

$867,794 72

PRIVATE CLAIMS AGAINST THE GOVERNMENT.

341

STATEMENT OF THE AMOUNTS EXPENDED UNDER THE APPROPRIATIONS FOR
" CLAIMS FOR QUARTERMASTER AND COMMISSARY SUPPLIES." ACT JULY 4, 1864.

States.

1876.

1877.

1878.

1879.

'$7,754 "57
37,208 91

'20,517 74

""43000

32,515 16

387 00

130 00

37,485 16

125,024 17

17,679 97

20 00

■ '120 00

1880.
To April 15.

Totals.

New York.

$1,730 00

305 89

25,484 70

"l'3,628"42
396 25

$1,738 00
9,825 54

$393 75
8,972 54

$1,371 33

48,570 83

381 12

45,819 81

"$17i"62

Maryland

Virginia ....

120,408 60
381 12

West Virginia

North Carolina

4,121 90

84,087 87
396 25

Geor'^'ia

76 50
100 00

"10,233' 50

1,095 00

790 00

44,862 75

128,217 61

16,481 43

76 50

100 00

Texas

Ohio

""256"66

125 00

630 00

26,418 38

37,629 12

9,217 81

3,505 65

600

97 17

200 00

284 50

46,228 18

65,524 22

8,900 84

270 00

1,359 88

436 00

43,095 83

1,807 00

1,834 50

Indiana

Illinois

Kentucky

Tennessee

Missouri

697 55

1,144 50

218 25

155,692 02

357,539 62

52,498 30

290 00

Iowa

Kansas

937 92

5,803 45

Nebraska

120 00

875 00

875 00

California

500 00
50 00
175 50

500 00

New Mexico

600 00
7,208 97

650 00

District of Columbia. .

4,085 80

2,834 96

14,305 23

$95,349 95

$173,100 02

$301,772 76

$279,998 18

$2,231 92

$852,452 83

Register's Office, April 22, 1880. G. W. SCOPIELD, Register.

PRIVATE CLAIMS.

Statement of private claims, passed at 42d, 43d, 44th and 45th Congresses :

42d Congress, 1st sess _ $56,105.64

2d sess 611,140.19

3d sess _. 766,128.10'

Total 42d Congress.

43d Congress Ist sess...

2d sess...

$614,123.31
239,553.92

$1,433,373.93

Total 43d Congress.

Total 42d and 43d Congress.

44th Congress 1st sess

2d sess

$292,050.05
234,489.95

$853,677.23
$2,287,051.16

Total 44th Congress

45th Congress 1st sess $311,953.53

2d sess-... 349,438.01

3d sess 348,779.43

Total 45th Congress.

$526,540.00

$1,010,170.97

Total 44th and 45th Congresses $1,536,710.97

Reductions 44th and 45th Congresses (Democratic House) in amounts appro-
priated for private claims under amounts appropriated for private claims by the
Forty-second and Forty-third Congresses (Republican in both branches),
$750,340.19, being a reduction of more than 32 per cent.

342 THIKl\KJi24TH, FOUKTJii:NTH AND FIFTEENTH AMENDMENTS.

THE THIRTEEITH, FOURTEENTH AND
FIFTEENTH AMExNDMENTS.

ARTICLE XIII.
Section 1.
Neither slavery nor involuntary servitude, except as a punishment for crime
whereof the party shall have been duly convicted, shall exist within the United
States, or any place subject to their jurisdiction.

Section 3.
Congress shall have power to enforce this article by appropriate legislation.

ARTICLE XIV.

» Section 1.

All persons born or naturalized in the United States, and subject to the juris-
diction thereof, are citizens of the United States and of the state, wherein they re-
side. No state shall make or enforce any law which shall abridge the privileges
or immunities of citizens of the United States ; nor shall any state deprive any
person of life, liberty or property without due process of law, nor deny to any
person within its jurisdiction the equal protection of the laws.

Section 2.

Representatives shall be apportioned among the several states according to their
respective numbers, counting the whole number of persons in each state, exclud-
ing Indians not taxed. But when the right to vote at any election for the choice
of electors for President and Vice-President of the United States, representatives
in Congress, the executive and judicial officers of a state, or the members of the
legislature thereof, is denied to any of the male members of such state, being
twenty-one years of age and citizens of the United States, or in any way abridged,
except for participation in rebellion or other crime, the basis of representation
therein shall be reduced in the proportion which the number of such male citizens
shall bear to the whole number of male citizens twenty-one years of age in such
state.

Section 3.

No person shall be a Senator or Representative in Congress, or elector of Presi-
dent and Vice-President, or hold any office, civil or military under the United
States, or under any state, who, having previously taken an oath, as a member of
Congress, or as an officer of the United States, or as a member of any state legis-
lature, or as an executive or judicial officer of any state, to support the Constitu-
tion of the United States, shall have engaged in insun-ection or rebellion against

THIRTEENTH, FOURTEENTH AND FIFTEENTH AMENDMENTS. 343

the same, or given aid and comfort to the enemies thereof. But Congress may,
by a vote of two-thirds of each House, remove such disability.

Section 4.

The validity of the public debt of the United States, authorized by law, includ-
ing debts incurred for payment of pensions and bounties for services in suppress-
ing insurrection or rebellion, shall not be questioned. But neither the United
States nor any state shall assume ^or pay any debt or obligation incurred in aid of
insurrection or rebellion against the United States, or any claim for the loss or
emancipation of any slave ; but all such debts, obligations and claims shall be
held illegal and void.

Section 5.

The Congress shall have power to enforce by appropriate legislation the pro-
visions of this article.

ARTICLE XV.

Section 1.
The right of the citizens of the United States to vote shall not- be denied or
abridged by the United States or any state on account of race, color or previous
condition of servitude.

Section 2.
The Congress shall have power to enforce by appropriate legislation the pro-
visions of this article.

844 THE DEMOCRATS AND THE SOLDIERS.

THE DEMOCRATS AND THE SOLDIERS.

LEGISLATION THAT SPEAKS FOR ITSELF.

DEMOCRATIC EFFORTS FOR THE SOLDIER THWARTED BY REPUBLICANS.

The Republicans in Congress have always been loud in their professions of love
for the soldier. Professions are one thing Acts are quite another. An examin-
ation of the 'records of the Democratic and Republican parties on this subject
shows that while the latter have been professing, the former have been acting;
while the latter have been promising, the former have been fulfilling. The Demo-
crats have not only passed private pension bills most cheerfully, but have enacted
general laws whenever the mass of the soldiers were to be benefited thereby. Bills
for the equalization of bounties and for arrearages of pensions have both passed
Democratic houses, only to be defeated outright or contemptuously kicked aside
in the Republican Senate.

In the course of a speech on this subiect in 1878, in the House of Representa-
tives, Hon. John A. McMahon, of Ohio, truthfully said :

The importance of these votes is more apparent when we consider that the Democratic party
came here in the interest of retrenchment and reform. Have we ever cut down the pension bills?
Have we ever listened to the oft repeated charge that the pension list is too large; that fraudulent
claims are on it; that it should be revised? . No, we prefer to err on the side of the soldier and his
suffering family. We have cut everywhere else; we have retrenched in every direction but in that.
We vote for no increased expenditure except for the Union soldier.

Below are a few of the measures which the Democrats have originated and
passed in the interest of the soldier. In every case, where the measure was de-
feated, the Republican party was responsible for the defeat as the record shows.
Votes against meritorious bills always came from the Republican side. If they
thought they could not defeat a bill by their votes they buried it in the committee
room.

EQUALIZATION OF BOUNTIES.

Frequently since the close of the war attempts have been made to equalize the
bounties of soldiers. In the Forty-third Congress a bill passed the House. It
went to the Senate, which was at the time overwhelmingly Republican. After
remaining in committee some time it was passed, but at so late a day in the ses-
sion that it was somehow lost between the two Houses. It never received the
President's signature.

When the Democrats came into power in the House they immediately looked
into the question. Several bills for equalization were introduced and referred to
the Committee on Military Affairs. They were placed in the hands of Gen. Phil.
Cook, of Georgia, who reported a bill without unnecessary delay. It was re-
ported on March 11th, 1876. Although frequently pressed by Gen. Cook, its
consideration was not reached until June 20th. Gen. Banning, of Ohio, the
Chairman of the Committee on Military Affairs, made a speech, in the course of

THE DEMOCRATS AND THE SOLDIERS. 345

which he demonstrated the feeling of the Democrats toward the soldiers. Gen.

Banning said :

I do not propose to make a speech or an argument on this bill. This House has frequently
heretofore declared in favor of this measure. It has been promised to the soldiers since 1862, but
it is left f )T this Congrsss to redeem the promises of gentlemen on the other side, who have
been making them, and making them, and making them, but have never kept tliem. I believe that
those promises will be redeemed to-day, and it will be done by this Congress that gentlemen have
seen fit to denominate the Confederate Congress. When the news goes abroad that this Confederate
Congress has rendered unto the soldier that which is his, but which the Republican party failed to
give him, tiien I hope the cry of " Confederate Congress " will be buried forever.

The bill passed the "Confederate Congress," as it was called, by a vote of

141 to 46 (see Cong. Record, vol. 4, part 4, Is^ sess. Mth Cong., pp. 3939, 3940).

The affirmative vote was as follows : Messrs. Adams, Ainsworth, Anderson, Atkins, Bagley,
J. H. Bagley, Jr., Baker (Ind.), Baker (N. Y.), Ballou, Banks, Banning, Blair, Bland, Brown (Kan.),
Burchard (111.), Burchard (.Wis.), Burleigh, Campbell, Cannon, Cason, Caswell, Cate, Caulfield,
Clarke (Mo.), Clymer, Cochrane, Cook, Cutler, Danford, De Bock, Dennison, Dibrell, Dollins,
Bunnell, Dugand, Eames, Eden, Finley, Fort, Foster, Franklin, Freeman, Frost, Frye, Fuller,
Glover, Goodin, Hamilton (Ind.), Haralson, Hartzell, Hatcher, Hayward, Hendee, Henderson,
Hewitt (Ala.), Hill, Hoye, Holmau, Hopkins, Hoskins, Hubbell, Hurd, Hunburt, Hyman, Jenks,
Jones (N.H.), Joyce, Kasson. Kelly, Ketcham. Kimball, Landers (Ind.), Landers (Conn.), Lawrence,
Le Moyne, Levy, Lynch, Mackey (Pa.), Maish, McCrary, McDill, McFarland, McMahon,
Metcalfe, Miller, Monroe, Morgan, Morrison, Mutchler, Oliver, O'Neill, Page, Payne, Phillipe (Mo.),
Phillips (Kan.), Poppleton, Potter, Pratt, Rainey, Randall, Rea, John ReiUey, Rice, Rollins (Pa.),
Rollins (N. C), Robmeon, Rusk, Sampson, Savage, Sayler, Sheakley, Simonton, Smalls, Smith
(Pa.), Southard, Springer, Strait,, Stenger, Stone, Teese, Townsend (Pa.), Tufts, Turney, Van Vor-
hees, Vance (N. C), Wait, Waldron, Walker (N. Y.), Wallace (S. C), Wallace (Pa.), Walsh, White,
Whiting, Wike, Willard, Williams (Wis.), Wilson (Ind.), Williams (Mich.), Williams (Min.), Wood
(Pa.), and Yeatea.

Of the gentlemen above recorded, 74, or more than one-half, were
Democrats.

Gen. James A. Garfield seems to have dodged this vote. He is recorded
among the absentees, and no pair is announced. The Record shows, however,
that he was present during the day for he participated in the proceedings.

THE REPUBLICAN SENATE POSTPONES THE BILL,

The bill thus passed through the House, and was sent to the Senate. It was
reported back on June 26th, and placed on the calendar. Attempts were repeat-
edly made to get the bill up, but without success. Whenever the motion was
made to consider the subject, there was always enough votes against it to prevent
action. The last attempt to take it up was made August 11th, 1876, but the
motion was defeated, as usual {see Recoi'd, Part 6, AUh Cong. , \st sess. , p . 5434).

That was the last heard of the bill. It was indefinitely postponed, which was
an indirect way of killing it.

That which the democratic House had cheerfully passed, the Republican
Senate, with all its professed love for the soldier, deliberately killed.

TIME FOR FILING BOUNTY CLAIMS EXTENDED.

The time for filing claims for additional bounty under the Act of July 28th,
1866, expired by limitation on the 30th day of January, 1875. In February, 1876,
a bill was reported from a committee of the Democratic House to extend the time
until the 1st day of July, 1880. The bill further provided that all claims
for such bounty filed in the proper department after the 30th day of Janu-
ary, 1875, and before the passage of this act, should be regarded as having been
filed in due time, and should be considei^ed and decided without refiling. The
bill promptly passed the House {Record, Part 2, Uth Cong., 1st sess., p. 1117).

ARREARS OF PENSIONS.

In the Forty-fourth Congress a large number of bills for arrears of pensions
were introduced and referred. They were placed in the hands of that gallant
soldier from Ohio, General A. V. Rice. Out of all the bills referred he formu-

346 THE DEMOCRATS ANJ) THE SOLDIERS.

lated a general bill and reported it on March 22d, 1876. At his suggestion the
bill was made a special order.

HOW GARFIELD AND OTHER REPUBLICANS FOUGHT IT.

On August 1st General Rice moved to go into committee of the whole for the
purpose of taking up the bill. The Republicans endeavored to defeat the motion
by indirection and by a resort to parliamentary expedients. Had they been in
favor of the bill they could have helped to pass it by simply withholding their
objections. Anything can be done in the House by unanimous consent; but
they chose to adopt a different course.

Mr. Sampson, of Iowa, was the first to interpose an objection. He said :

1 understand the motion of the gentleman from Ohio is, that the House now resolve itself into
committee of the whole on the state of the Union for the purpose of considering a special bill.

The Speaker T^ro tern (Mr. Sayler): That is so.

Mr. Sampson: Can that be done? Must not all bills be taken up in their order when the House
resolves itself into committee of the whole on the state of the Union?

The Speaker joro tern: The parliamentary motion is to go into committee of the whole on the
state of the Union. That motion is in order and the rules may be suspended for that purpose by a
majority vote. The Chair is informed it has been the custom to go into committee of the whole
on the state of the Union for a certain purpose, and to antagonize against that other purposes, and
to settle the question prior to going into comm,ittee of the whole.

Mr. Hoar: That motion extends only to appropriation bills. A special motion to go into com-
mittee of the whole on an appropriation bill is in order. But, sir, all other bills in the committee
of the whole must be taken up in their order on the calendar and laid aside one by one. "

Mr. Garfield: If we go into the committee on the whole on the state of the Union, we must take
up the calendar in order just as on Friday.

Mr. Hale: That has been the invariable rule.

Mr. Rice: It has been the practice so far as I have observed during this session to go into com-
mittee of the whole on bills specially indicated. I wish to say the usage has been during this
session, at least, in accordance with the motion I have made.

It will be observed that, while General Rice wanted to go into committee on
the bill of the greatest importance to the Union soldier, and while the Democratic
Speaker fro tern wanted to assist him in the accomplishment of that object.
General Garfield, Mr. Hoar and Mr. Hale, all prominent leaders of the Republican
party, insisted upon a strict application of the rule as against the soldiers' interests.

General Rice insisted upon his motion and the House went into committee.
The rule requiring bills to be taken up in their order was rigidly insisted upon,
and before the arrears bill could be reached the committee was found without a
quorum and had to rise {Record, wl. 5, part 6, Ist sess. , AifJi Cong. , pp. 5054 and
5055).

MORE FACTIOUS OPPOSITION.

On the following day, August 2d, General Rice tried to push the bill forward
again. He succeeded in getting it into Committee of the Whole, but the entire
time was again occupied in discussing the order of business, gentlemen insist-
ing that the bills on the calendar be taken up in their order {Ibid, 2W- 5084,
5085).

The opposition was so determined that the bill could not be reached again
at that session of Congress. It might have been passed then if the Republicans
had not made the point about taking it out of its order.

THE DEMOCRATIC HOUSE ACTS, THE REPUBLICAN SENATE REFUSES.

On March 3d, 1877, at the second session of the Forty-fourth Congress, the
bill was passed under a suspension of the rules by the Democratic House. The
same day the bill went to the Republican Senate and there it slept the sleep of
death in the Republican household — lost in the house of its professed friends.

THE BILL OF 1878.

On June 19th, 1878, the Democratic House passed another Arrears of Pension
Bill. This was in the Forty-fifth Congress. It passed by a vote of 164 to 61,
The bill was not exactly in the form in which General Rice and the majority of

THE DEMOCRATS' AND THE SOLDIERS. 847

the Pension Committee wanted to have it. The bill of the committee proposed
to repeal section 4716 of the Revised Statutes which was as follows:

No money on account of pensions shall be paid to anj' person, or to the widow, children or heirs
of nny person, who in any manner voluntarily engaged in, or aided or abetted the late rebellion
against the authority of the United States.

The purpose of this repeal was to restore to the rolls the pensioners of the war
of 1812 and other warsj whose names had been stricken therefrom for disloyalty.
Notwithstanding the refusal of the Republicans to permit this clause to be re-
pealed, the Southern Democrats did not on that account withhold their votes from
the arrears bill. They gave it a cordial support for they had determined to do
justice to the Union soldier, although the Republicans refused to act in an equally
just spirit toward the veterans of 1812.

When the bill went to the Senate it was fought for some time. Action was not
reached upon it in that body until the next session on January IGth, 1879. It
passed on the 18th of that month after a good deal of opposition and after several
attempts had been made to amend it, so that it would have to be sent back to the
House.

The soldiers are indebted for the arrears bill to the energy, in their behalf, of
the Democratic majority in the House of Representatives.

THE APPROPRIATION UNDER THE BILL.

The bill had been passed only a few days whan the Appropriation Committee
of the Democratic House brought in and passed the following bill. It will be ob-
served that they were not only prompt to raise the money to pay the pensions,
but they included clauses construing certain clauses of the arrears act.

An Act making appropriations for the payment of the arrears of peiwions granted by act of Con-

gress approved January 25th, ciLrhteen hundred and seventy-nine, and for other purposes.
;e it enacted by the Senate and House of Representatives of the United States of America in
Congrf S8 assembled, that tiiere be and hereby is appropriated out of any money in the treasury not
otherwise appropriated, the following sums namely: For the arrears of pens^ions due on claims
in which the pensions were allowed prior to January 25th, eighteen hundred and seventj'-nine,
twenty-five million dollars; the amounts paid out respectively for army and na,vy pensions to be
accounted for separately to the proper accounting officers of the Treasury Department. For pen-
sions for army and navy invalids, widows, minors and dependent relatives for the fiscal year end-
ing June thirtieth, eighteen hundred and seventy-nine, one million ei^ht hundnd thousand dollars
in addition to the amounts heretofore appropriated for those purposes, the amounts paid out on ac-
count of army and navy pensions respectively to be accounted for separately to the proper ac-
counting oflicersof the Treasury Department. For temporary clerks in the Pension Office and for
furniture, rent of additional rooms and other contingencies fifty-two thousand two hundred dollars
in addition to the appropriations which have be- n or shall be made under other acts the same to be
available until June thirtieth, eighteen hundred and eighty: Provided, That no more than three
thousand five hundred dollars shall be used for furniture, contingencies and rent.

The pension agents shall receive for their services and expenses in paying the arrears upon pen-
sions allowed previous to January twenty-fifth eighteen hundred and seventy-nine, including post-
age on the vouchers and checks sent to the pensioner, thirty cents for each payment; and the sum
or fifteen thousand dollars, or so much thereof as may be necessary, is hereby appropriated for
the payment of the same.

That the rate at which the arrears of invalid pensions shall be allowed and computed in the
cases which have been or shall hereafter be allowed shall be graded according to the dc^ of the
pensioners disability from time to time and the provisions of the pension laws in force over the pe-
riod for which the arrears shall be computed.

That section one of the act of January twenty-fifth, eighteen hundred and seventy-nine, granting
arrears of pensions shall be construed to extend to and include pensions on account of soldiers
who w( re enlisted or drafted for the service in the war of the rebellion, but died or incurred disa-
bility from a cause originating after the cessation of hostilities; and before being mustered out:
Provided, That in no case shall arrears of pensions be allowed and paid from a time prior to the
date of actual disability.

Sec. 2. All pensions which have been, or which may hereafter be, granted in consequence of
death occurring from a cause which originated in the service since the fourth day of March, eigh-
teen hundred and sixty-one, or in consi quence of wounds or injuries received or disease contracted
since that date shall commence from the death or discharge of the person on whose account the
claim has been or is hereafter granted if the disability occurred prior to discharge, and if such disa-
bility occurred after the discharge then from the date of actual disability or from the termination
of the right of party having prior iitle to such pension: Provided, The application for such pen-
sion has been or is hereafter filed with the Commissioner of Pensions prior to ihe first day of July
eighteen hundred and eighty, otherwise the pension shall commence from the date of filing the ap-
plication: but the limitation herein prescribed shall not apply to claims by or in behalf of insane
persons and children under sixteen years of age.

Sec. 3. Section forty-seven hundred and nine of the Revised Statutes is hereby repealed.

Approved, March 3, 1879.

348 THE DEMOCRATS AND THE SOLDIERS.

THE REPUBLICAN OUTRAGE ON THE SOLDIERS OP 1812.

There is no darker blot on legislation than the action of the Republicans in
Congress with regard to the soldiers of the war of 1812, and their widows and
orphans. Shortly after the war of the rebellion broke out, the Republicans
struck all those people who resided in the South from the pension rolls. It was
just and right to do so at the time, because the United States could not send
money to the South during flagrant war. But after the war was over, and when
all the States had been re-admitted to their places in the Union, there was no justi-
fication for withholding from these old veterans the money which they earned
in defence of the flag of the whole country. In the Forty-fourth Congress,
General Hunter, of Virginia, was Chairman of the Committee on Revolutionary
Pensions of the War of 1812. He had for his colleagues on the committee such
men as James Phelps of Connecticut, Frank Hurd of Ohio, Martin J. Townsend
of New York, Samuel A. Dollins of New Jersey and Thoman J. Henderson of
Illinois. On March 3d, 1876, by direction of his committee, he reported a bill
to amend the laws granting pensions to the soldiers and sailors of the war of
1812. The bill proposed to restore to the rolls the names of the pensioners who
had been stricken therefrom for disloyalty, and the widows and dependent
children of such pensioners. The bill also provided that the pensions should
commence after the close of the civil war, in 1865. It was not proposed to pay
them for any time during the war, when they were supposed to have sym-
pathized with the South. In the course of the discussion of the bill attention
was called to the fact that from the l£|,pse of time from the war of 1812 until the
beginning of the war of the Rebellion, that these old men could not have pos-
sibly participated in the latter. Nevertheless, the Republicans opposed the bill.
Congressman Conger of Michigan was a leading spirit in opposition. He moved
to so amend the bill as to make its pensions take effect at the date of its passage,
and he added "that is time enough to pension men who have been disloyal. "
Mr. Reagan and other gentlemen again called attention to the fact that from the
very necessities of the case, these veterans of 1812 were so old in 1861 that they
could not have participated actively in the rebellion.

Mr. Conger and his friends did not succeed in striking out the clause.

FIGHTING WIDOWS AND ORPHANS.

There was another section of the bill which excited the ire of the Republicans.
It was not proposed to give arrears of pay to the old soldiers who had
sympathized with their children and grandchildren. But it was proposed to
give arrears to the widows and heirs of these old soldiers. Then the Republicans
came to *^>? front again to fight the widows and orphans.

To the credit of the American Congress be it said, the motion to strike out the
section was rejected by a vote of 92 yeas to 102 nays.

The Democratic House had no idea of fighting widows and orphans.

Here are the names of some of the Republicans who voted for that infamous
proposition :

Baker, of Indiana ; Ballou, of Rhode Island ; Burchard. of Illinois, now Director of the Mint ;
Cannon, of Illinois : Conger, of Michigan ; Dunnell, of Minnesota ; Fort, of Illinois ; _Fo8ter,
of Ohio, now Republican Governor of that State and one of Garfield's right hand mei
Maine ; James A. Garfield, the Republican Candidate for President ; Hoar,

)'Neill, of Per
others not so prominent

of Ohio, now Republican Governor of that State and one of Garfield's right hand men ; Frj'e, of
Maine ; James A. Garfield, the Republican Candidate for President ; Hoar, of Massa-
chusetts ; Hurlburt, of Illinois ; Joyce, of Vermont ; Kasson, of Iowa ; O'Neill, of Pennsylvania
Page, of California ; Rusk, of Wisconsin ; Wheeler, of New Yoric, and of

in Republican circles.

All of the negative votes, with three exceptions, were Democrats.

After a further fight upon the question of paying arrearages, the bill was
passed (Record, vol. 4, part 3,44^^ Gong., 1st sess., pp. 2167-70).

THE DEMOCRATS AND THE SOLDIERS. 849

THE REPUBLICAN SENATE KILLS THE BILL.

The bill went to the Republican Senate. It was referred to a committee,
reported back with amendments, the report was ordered printed, and that was
the last of it. The Republican Senate did not care to pass the bill. It was a
matter of indifference to them whether the old soldiers or their widows were
paid or not.

THE BILL OP 1878.

In the Forty-fifth Congress, bills to restore these old veterans were introduced
in both Houses. On the 19tli of February, 1878, Mr. Withers called the bill up in
the Senate. Senator Edmunds and other Republicans opposed the restoration of
the veterans to the rolls. 3Ir. Maxey made a speech in which he administered a
merited rebuke, and showed how absolutely indefensible and outrageous was the
position of the Republican party on this question. He said :

It seems to me, Mr. President, that when the laws of this country under the operation of the
Fourteenth amendment justify, and wisely so, the admission to this body and to the highest offices
in the gift of the people, to men like myself who openly, actively participated in the late rebellion,
it is, to say the least of it, something singular that these few old men, now rapidly passing to their
graves, should be deprived of the poor pittance of a pension of eight dollars per month for their
services 63 j'ears ago, in a war with Great Britain, simply because, forsooth, their sympathies were
with their children and grandchildren who participated in the late war, for these old people were
too old to have taken an active part in it.

A broad and liberal statesmanship was laid down by the late President, General Grant, in the
message to Congress of December 7th, 1874, in respect to the soldiers of 1812-15, living in the
South, and provided for by the bill how before the Senate.

grant's REBUKE TO THE REPUBLICANS.

In that message General Grant said : " The act of Congress providing an oath which pensioners
must subscribe to, before drawing their pensions, cuts off from this bounty a few survivors of the
war of 1812 residing in the Southern states. I recommend the restoration of this bounty to all
such. The number of persons whose names would thus be restored to the list of pensioners is not
large. They are all old persons, who could have taken no part in the rebellion, and the services lor
which they were awarded pensions were in defense of the whole country."

These, continued Mr. Maxey, were the utterances of the President, a man who as General-in-
Chief of the armies of the United States brought the war to a close. If such a man, occupying the
exalted position that he did, and who was lifted to the Presidency of the United States, by reason
of the military service he had rendered his country; if this man, who more than any other one man,
perhaps, who occupied a high position, had confused the so-called rebels and brought the war to a
close ; if such a man could utter such sentiments ; it does seem to me that the broad si;atesman-
ship which he annunciated in the passages I have quoted, ought tor prevail in this body, and to
induce us to secure to these old men this pittance, for the remnant of their days {Record, Vol. 7,
Part 2, 45;A Cong,, 2d sess., p. 1161).

LEADING REPUBLICANS OPPOSE THE BILL.

The bill was opposed by Senators Edmunds, Anthony, Morrill and others. But
Mr. Maxey 's speech and the quotation from General Grant's- message seemed to
have had some effect, for the motion to strike out the clause authorizing the
restoration of the old pensioners to the rolls was defeated by a vote of 50 to 7.
The seven Senators who voted to strike it out were Anthony, Cameron of Wis-
consin, Edmunds, McMillan, Morrill, Oglesby and Teller.

The bill was then passed, the same seven Republican Senators voting against
\t{lMd.,p. 1169).

THE BILL IN THE HOUSE.

The bill was taken up in the House on March 4th, 1878. It was reached in
the course of business on the Speaker's table. Mr. Stephens moved that it be
put upon its passage just as it came from the Senate. Mr. Joyce and other Re-
publicans wanted to move to amend so as to exclude all who had participated in
the rebellion. The motion was decided not in order, pending Mr. Stephens'
demand for the previous question on the passage of the bill. The previous ques-
tion was seconded and the bill was passed by a vote of 218 to 20. All the Demo-
crats voted in the affirmative. The twenty Republicans who voted against these
old and decrepit men were Baker, Hunter and Robinson, of Indiana; Brewer,

350 THE DEMOCKATS A]SD THE SOLDIERS.

Keightley, McGowan, Stone and Willits, of Michigan; Cox and Danford, of
Ohio; Dennison and Joyce, of Vermont; Dwight, Hungerford and James, of
New York ; Hayes and Tipton, of Illinois ; Hazleton and Humphrey, of Wiscon-
sin, and Killinger, of Pennsylvania {Ibid., p. 1465).

DID GARFIELD DODGE ?

General Garfield is not recorded, nor is he announced as paired. He seems to
have DODGED because he had voted just previously on a bill for a custom-house
at Memphis, and was, therefore, present {Ibid., ^;. 1463).

In spite of Republican opposition, the old soldiers of 1812 rejoice to-day, and
they have the gratification of knowing that they are pensioned for the remainder
of their days by a unanimous Democratic vote.

AN EFFORT TO PROTECT SOLDIERS FROM SHARPERS.

On January 25, 1876, Mr. Jenks, a Democratic representative from Pennsyl-
vania, reported from the Committee on Invalid Pensions a bill supplementary to
the several acts relating to pensions and bounty lands. Under the law as it then
existed, land warrants were regarded as personal property. Consequently, they
not unf requently got into the hands of sharpers, who sold them, and thereby the
soldiers were swindled. For the purpose of protecting the soldiers, the Pension
committee reported a bill declaring land warrants issued to soldiers to be real
instead of personal property. The object was to place the same directly under
the control of the courts, because when the warrants were made realty the ad-
ministrator of a soldier's estate could not dispose of the warrant without an
order from the Orphan's Court. The law was f I'amed entirely for the protection
of the soldier and his heirs. The bill was opposed in the House, but it finally
passed by Democratic votes {Record, ml. 4, part 1, 1st sess. , AUJi Cong., p. 618).

THE REPUBLICAN SENATE DEFEATS THE BILL.

The bill went to the Senate, where it was referred to the Committee on Invalid
Pensions. It was there pigeon-holed, and that was the last of it. The bill was
based upon petitions that had come from a large number of soldiers.

The Democrats in the House did all in their power to meet the wishes of the
petitioners.

The Republican Senate paid no attention to the petitions.

ARTIFICIAL LIMBS FOR SOLDIERS — A REPUBLICAN WRONG RIGHTED.

The Republicans in the height of their power never made adequate provision
for the furnishing of artificial limbs to soldiers, sailors and others. The Demo
crats of the Forty-fourth Congress took this subject up. The Committee on Invalid
Pensions was presided over in this case by George A. Jenks of Pennsylvania. It
had among others for members George W. Hewitt of Alabama ; Jesse J. Yates of
South Carolina and Haywood Y. Riddle of Tennessee, three ex- Confederates.
These gentlemen wanted to have a bill passed to pension the veterans of the Mex-
ican war. The Republicans voted against the bill at every chance. But that did
not deter these gentlemen. They endeavored to do all that was just for the Union
soldier.

The Republicans said in almost so many words, " We will not do anything for
the Mexican veterans who gave an empire to the Union, because the majority of
them live in the South."

The Democrats, and Southern Democrats at that, said, " We will do justice to
the Union soldier, although they fought us in four years of war."

And they did equal and exact justice.

THE DEMOCRATS AND THE SOLDIEKS. 351

Under Republican rule, the maimed and wounded soldiers of the Union army-
had been compelled to purchase their artificial' limbs and other appliances at such
prices as the dealers chose to demand.

The Democrats, including the "Confederate Brigadiers," said, that is not right.
Hence, they reported a bill in June, 1876, to regulate the issue of artificial limbs.

The first section of the bill provided, that every person who in the line of his
duty in the military or naval service of the United States shall have lost a limb,
or sustained bodily injuries, depriving him of the use of any of his limbs, shall
receive once every five years an artificial limb or appliance, under such regula-
tions as the surgeon-general of the army may prescribe ; and the period of five
years shall be held to commence with the filing of the application after the 17th
day of January, in the year 1870.

The last clause of the act is significant. The Democrats did not only what the
Republicans should have done long before, but they dated the law back, so that
the soldiers should not suffer in their pockets, in consequence of the indifference
of the Republican party to their interests.

But the Democrats went further. They believed that the government of the
United States owed a debt to the soldiers, and that it should be generous. So they
provided in the same bill, that the necessary transportation to have artificial limbs
fitted shall be furnished by the Quartermaster-General of the Army, and an ap-
propiation was made for that purpose.

There was not the slightest trouble in passing the bill throught the Democratic
House. It went to the Senate. The Senate was Republican. Senator Ingalls, of
Kansas, was Chairman of the Committee on Pensions. The very essence
of the bill was taken out by an amendment offered by Mr. Ingalls
himself. It deprived the soldier of the very advantage which the Democratic
House insisted he should have. It was fought in the Senate and substantially
destroyed. The Democratic House insisted upon its law for the benefit of the
Union soldier. A committee of conference was ordered on the disagreeing votes.
The Democratic House finally made the Senate yield, and the law of August
15th, 1876, became a part of the statutes of the land through the obstinacy of
the Democratic House in the interest of the Union soldier (see Record, vol. 4,
part 5, Istsess, iAth Cong., p. 4182, cfec.).

A CONTRAST.

Contrast the above liberal act with the following, which the Republicans passed
when they had majorities in both Houses :

Be it enacted by the Senate and House of Representatives of the United States of America in Con-
qress assembled. That all persons who are now entitled to pensions under existing laws, and who
have lost either an arm at or above the elbow, or a leg at or above the knee, shall be rated in the
second class, and shall receive twenty-four dollars per month : Provided, That no artificial limbs,
or commutation therefor, shall be furnished to such persons as shall be entitled to pensions under
this act.

Sec, 2. That this act shall take effect from and after the fourth day of June, eighteen hundred
and seventy-four. Approved June 18, 1874.

TOTALLY DISABLED SOLDIERS RELIEVED.

On May 24, 1878, the House passed a bill to increase the pensions of certain
pensioned soldiers and sailors, who had lost either both their hands or both their
feet, or the sight of both eyes, in the service of the country. It provided that
the pensions of such soldiers and sailors should be increased to $72 per month.
The pension allowed at the time was a little over $30 only {Record, part 4, i^th
Cong.,2dses8.,p. 3758).

The bill gave them the pension absolutely without conditions or reservation.
It went to the Republican Senate, where the Committee on Pensions proposed to

352 THE DEMOCRATS AND THE SOLDIERS.

attach conditions to it. They recommended the striking out of all after the enact-
ing clause and to insert as follows :

THE SENATE ATTEMPTS TO IMPOSE CONDITIONS.

That all persons who, bj- wounds received or diseases incurred while in the military or naval
service of the United States, and in the line of duty, have lost both arms or both feet, or the sight
of both eyes, or the sight of one eye, the sight of the other having been previously lost; or who
is or shall hereafter become so totally or permanently helpless, from wounds or diseases so received,
as to require the regular personal aid or attendance of another person, shall be entitled to a pen-
sion of 1572 per month, which shall be in lieu of the pensions now granted to such persons.

Here was a condition precedent that certain persons should have the attendance
nf another person before the increase should be available. But the committee
went a step further and proposed to add the following proviso to the bill :

Provided, That this act shall not apply to those who have no families dependent upon them for
support; nor to those who are not, in the judgement of the Commissioner of Pensions, in a necessi-
tous condition; nor to any person during the time he may be in the civil service and employment
of the government of the United States.

Let all soldiers note the difference in the two bills. That of the Democratic
House proposed to help the pensioner in a plain, straightforward, direct way.
That of the Republican Senate hampered it with conditions; left much to the
discretion of the Commissioner of Pensions, and proposed to repeat what they
had done immediately after tlie war, and say that employment in the civil service
should be a bar to a pension, no matter how much suffering the soldier might
have endured.

The proposed Senate amendment was rejected, and the bill was passed just as
it came from the House {see Record, part 5, 45^A Cong. , 2d sess. , p. 4588).

STILL FURTHER RELIEF GRANTED.

Another bill, passed on May 24, 1878, increased the pensions of all soldiers who
had suffered amputation of their leg at the hip joint to $37.50 per month. It
went through the House the same day it was reported (Record, part 4, A5th Cong. ,
2d sess., p. 3758).

There were very few of this class on the roll. Hence the passage of the bill
could not add very largely to the pension account. But the Republican Senate
let the bill lay for nearly one year, and only took it up and passed it about the
time the Forty-fifth Congress was expiring, and when the Republican majority
was about to give place to a Democratic majority. It passed March 3d, 1879.

RELIEF BILLS PASSED BY THE HOUSE AND REJECTED BY THE SENATE.

On May 28, 1878, Mr. Riddle, of Tennessee, reported a bill from the pension
committee to increase pensions in certain other cases. It amended the pension act
of 1874 so as to extend its provisions to all persons who had lost an arm below
the elbow, or so near the elbow, or a leg below the knee, or so near the knee, as to
destroy the use of the elbow or the knee-joint, and rated such persons in the sec-
ond class and to receive a pension of $24 per month.

The bill passed the Democratic House without the slightest opposition (see Rec-
ord, part 4, 45^/i Cong., 2d sess., p. 3731).

The bill went to the Republican Senate, and that body demonstrated its regard
for the soldiers' interests by sending it to the Committee on Pensions, where it was
pigeon-holed and forgotten. It was never heard of more.

In looking over the laws, the Democrats found that the Republicans had neg-
lected a class of pensioners who were suffering very seriously. They were the
men who had lost one hand or one foot, or one arm or one leg. The Republicans
said $24 a month is enough for this class of pensioners. The Democrats, in the
House, said it is not enough ; these men shall have $36 a month. The bill passed
the House (see Record, 1st sess. AUh Cong., vol. 4, part 1, p. 619).

THE DEMOCRATS AND THE SOLDIERS.

353

It went to the Republican Senate. It was referred to the Committee on Invalid
Pensions in that body, and it was never heard of again.

REPUBLICAN AND DEMOCRATIC LAWS CONTRASTED.

The obiect of the Democrats i;i introducing and trying to pass the aim bills
was to remedy glaring defects in Republican legislation.

In 1873, when both Houses were under Republican control completely, they
passed the following general law:
AN ACT increasing the rates of pension to certain persons therein described.

Be it enacted by the Senate and House of Representatives of the United States of America in Con-
gress assembled. That the act enti led " An act supplementary to the several acts relatinsr to pen-
sion?'," approved June sixth, eighteen hundred and sixty-six, be so amended that from and .titer
the passage of this act all persons entitled by law to a less pension than hereinafter specified, who,
while in tne military or naval service of the United States, and in line of duty, shall have lost the sight
of both eyes, or shall have lost both hands, or shall have lost both feet, or been permanently and to-
tally disabled in the same, or otherwise so permanently and totally disabled as to render them utterly
helpless, or so nearly so as to require the constant personal aid and attendance of another person,
shall be entitled to a pension of thirty-one dollars nnd twenty-five cents per month ; and all persons
who. under like circumstances, shall have lost one hand and one foot, or been totally and perma-
nently disabled in the same, or otherwise so disabled as to be incapacitated for performing any
manual labor, but not so much as to require constant personal aid and attendance, shall be entitled
to a pension of twenty-four dollars per month ; and all persons who, under like circumstances,
shall have lost one hand or one foot, or been totally and permanently disabled in the same, or oth-
erwise so disabled as to render their incapacity to perform manual labor equivalent to the loss of a
hand or foot, shall be entitled to a pension of eighteen dollars per month, from and after the fourth
day of June, eighteen hundred and seventy-two. Approved June 8, 1872.

THE LAWS PASSED BY DEMOCRATS,

Contrast the above general law with the following for some of the same classes
of disability, passed after the Democrats obtained control of the House of Repre-
sentatives. They at once increased pensions where it was deserved:

AN ACT to increase the pension of certain pensioned soldiers and sailors who have lost both their
hands or both their feet or the sight of both ej'es in the service of the country.
Whereas, it is apparent that the {^resent pension paid to soldiers and sailors who have lost both
their hands or both their feet in the service of the country is greatly inadequate to the support of
such aa have families; therefore,

Be it enacted by the Senate and House of Rejrresentatives of the United States of America in Con-
gress assembled. That on and after the passage of this act, all soldiers and sailors who have lost
either both their hands or both their feet, or the sight of both eyes, in the service of the United
States, shall receive, in lieu of all pensions now paid them bv the government of the United States,
and there shall be paid to them, m the same manner as pensions are now paid to such persons, the
sum of seventy-two dollars per month. Approved June 17, 1878.

The next year they went a step further and passed the following:

AN ACT for the relief of soldiers and sailors becoming totally blind in the service of the country.

Be it enacted bi/ the Senate and House of Representatives of the United State--< of America in Con-
gress asseinbled. That the act of June 17th, eighteen hundred and seventy-eight, entitled " An act
to increase the pensions of certain soldiers and sailors who have lost both their hands or both their
feet, or the sight of both eyes, in the service of the country," be so construed as to include all sol-
diers and sailors who have become totally blind from causes occurring in the service of the United
States. Approved March 3, 1879.
AN ACT to allow a pension of thirty-six dollars per month to soldiers who have lost both an arm

and a leg.

Be it enacted by the Senate and House of Representatives of the United States of America in Con-
gress assembled. That all persons who, while in the military or naval service of the United States,
and in the line of duty, shall have lost one hand and one foot, or been totally and permanently dis-
abled in both, shall be entitled to a pension for each of such disabilities, and at such a rate as is
provided for by the provisions of the existing laws for each disability: Provided, that this act shall
not be so construed as to reduce pensions in any case. Approved February 28, 1877.
AN ACT for the relief of certain pensioners.

Be it enacted b>i the Senate and House of Representatives of the United States of America in Con-
gress assembled. That all pensioners now on the pension rolls, or who may hereafter be placed
thereon, for amputation of either leg at the hip-joint, shall receive a pension at the rate of thirty-
seven dollars and fifty cents per month from the date of the approval of this act. Approved March
3, 1879.

These acts leave no doubt as to which party is the best friend of the soldier.

THE THREE MONTH'S EXTRA PAY TO MEXICAN SOLDIERS.

On the 17th day of January, 1878, Gen. Banning, from the Committee on Mili-
tary Affairs, reported a bill to pay the officers and men of the Mexican war the
three months extra pay allowed them by an act passed in 1848, after the close of

354 THE DEMOCRATS AND THE SOLDIERS.

the war. Some of the officers and soldiers had not taken the pay at the time, and
the right to do so had lapsed. The bill was to enable those to take it who had
previously neglected to do so. The bill passed the House after a very brief ex-
planation {^ee Record, part 1, 45^^ Cong., 2d sess., p. 38G).

It was taken up in the Senate on April 18, 1878, and Mr. Maxey, who had re-
ported it, asked for immediate action. Mr. Edmunds objected, apparently for
no other reason than that the bill had something to do with the Mexican soldiers.
In consequence of this objection the bill was not again reached until January
15th, 1879, in third session of the Forty-fifth Congress. The Senate committee
had amended the bill, so as to include in its provisions also the officers, petty
officers, seamen and marines of the United States navy tmploycd in the prose-
cution of the said war.

Mr. Edmunds, upon whose ol jection the bill went over before, then offered an
amendment to grant also throe months' extra pay to the soldiers who had served
in the suppression of the rebellion. As this amendment was in no sense germane
to the bill, its offer could not have been intended for any purpose but to embarrass
it, and it was so construed by the friends of the bill. It so complicated matters that
the bill again went ov&r {Record, part \,M sess. 45t7i, Cong., pp. 451 and A62},

It came up again on the 8th of February, and it was then passed, but not with-
out opposition on the part of Senators Sargent and Edmunds and other Republi-
cans. They insisted that the pension rolls were largely increasing year by 3'ear ;
but, underlying all their opposition, was a manifest indisposition to pass the bill
because it would help the veterans of Mexico, the majority of whom resided in
the South.

Mr. Maxey administered a pointed but well-deserved rebuke to this spirit of
sectionalism by remarking that he and others who wore the gray in the late un-
pleasantness had cheerfully voted for pensions to the Union soldiers, because
they believed it was right to do so. and they thought it right also to vote some-
■ thing to the old veterans who had fought their country's battles in Mexico
(Record, part 2, 3^ sess. 45th Cong., p. 1121),

The House subsequently concurred in the Senate amendment and the bill was
passed, but the veterans who got the pay are under no obligations to the Repub-
licans of either House for it.

SOLDIERS PROTECTED FROM EXORBITANT PENSION FEES.

In the second session of the Forty-fifth Congress, the House Committee on
Pensions, with the view of protecting the soldiers from the pension c aim agents,
reported a bill fixing by law the fees they were authorized to charge. On mo-
tion of Mr. Fuller of Indiana, a Democrat, the charge was limited to ten dollars.
The bill passed with but slight opposition in the House. It went to the Senate,
where it was debated sometime, Messrs. Conkling, Christiancy, Hoar, Dorsey and
other Republicans arguing in favor of allowing the claim agents a larger fee. The
bill passed, however, by a vote of 41 to 8, and more than one-half of those voting
in the affirmative were Democrats.

Those voting yea were: Messrs. Allison, Anthony. Bailey, Barnnm, Baj^ard, Beck, Booth, Bruce,
Burnside, Bntler, Cameron (Wis.), Cockrell, Conover, Dawes, Eaton, Eustis, Gordon, Grover, Harris,
Hore. Tngalls. Johnston, Jones (Fla.), Jones (Nev.), Kellogg, Kiernan, Kirkwood, Lamar. McCreery,
McMillan, Maxey, Merrill, Sargent, Salsbury, Sannders, Teller, Voorhees, Wadleigh, Wallace,
Whyte, and Withers— 4L

Of the above 23 are Democrats. The Senate at the time had a clear Republican
majority.

Of the negative vote 7 were Republicans, and only 1 a Democrat.

THE DEMOCRATS AND THE SOLDIEKP. 355

Those voting were: Messrs. Christiancy, Coke, Conkling, Dorsey, Hoar, Mitchell, Paddock, and
Spencer.

The Democrats in this, as in other cases, indicate their regard for the interest
of the soldier {see Record, part 5, 45^A Gong., 2d sess., p. 4842.)

THE LAW FOR FILING CLAIMS FOR LOST HORSES AND EQUIPMENTS.

Mr. De Bolt, a Democrat from Missouri, introduced a bill in the Forty-fourth
Congress to revive the law and extend the time for filing claims for horses and
equipments lost by officers and enlisted men in the service of the United States.
The bill was reported back promptly from the Commi'tec on Military Aff.iivs by
General Cook of Georgia. It propos-d to repeal the limitations which hid IcL'n
put on by the Repablicnns. The bill was general in its application and was in-
tended to cover a large number of claims. It was liberal and provided that all
claims for horses, or other property lost or destroyed in the military service of the
United States, filed in the proper department after the first day of January. 1876,
or before the passage of this act, shall be deemed to have been filed in due time,
and shall be considered and decided without refiling.

The bill promptly passed the House {Record, paj-t 5, 4:5th Cong., 2d 8ess.,p.
4161).

When it went to the Republican Senate, what fate did it meet? It "slept the
sleep of death." Such was Republican love for the Union officer and soldier.

The above cases are cited to show that in every instance where the real interest
of the soldier was at stake, the Democrats were his friends, while Republicans
threw impediments in the way of relief.

DEMOCRATIC AND REPUBLICAN RECORDS CONTRASTED.

The record of the Democratic majority of the House of Representatives since
the commencement of the Forty-fourth Congress ; that of the Democratic ma-
jority of the Senate, since the commencement of the Forty-sixth Congress, so far
as relates to the soldiers, will bear the closest scrutiny. The verdict of every
impartial mind, after the scrutiny, must be that the interests of the soldiers have
been guarded more carefully, that more has been done for them in the brief time
that the Democrats have been in power, than during all the long years of Repub-
lican domination in Congress. The whole Democratic party has been charged
with hostility to the Union soldier, while the Republicans, with characteristic
Impudence and arrogance, have claimed credit for themselves as the special friends
of the gallant men who periled their lives for the Union cause.

Compare the record of the two parties, and it will be found that the Democrats
have been practical, while the Republicans have been theorizing. The Republi-
cans promised ; the Democrats performed.

It is not only in the matter of bounty and general pension laws that the Repub-
licans have been derelict. They have falsified their professions that the soldier
shall be preferred in filling the civil offices under the government. Laws to t^jis
end were passed one day, only to be broken or to be conveniently forgotten the
next.

HOW SECTION 1754 HAS BEEN VIOLATED.

In 1865, just after the close of the war, the following law was passed:

Persons honorably discharged f^m the military or naval service, by reason of disability result-
ing from wounds or sickness incurred in the line of duty, shall be j)referred for appointments to
'•ivil offices, provided rhey are found to possess the business capacity necessary for the proper dis-
c".iargo of the duties ( f such offices (s c. 1754, Revised Statutes).

\\\ grateful recognition of the si-rvices, sacrifices and sufferings of persons honorably discharged
from the military and naval service of the country, by reason of wounds, disease, or the expiration
of terms of enlistment, it is re^'pectfully recommended to bankers, merchants, manufacturers, me-
chanics, farmers and persons enga.'ed in industrial pursuits, to give them the preference for
appointments to remunerative situations and emi»loyments {sec. 1755, Revised Statutes).

366 THE DEMOCRATS AND THE SOLDIERS.

But, unfortunately for the poor soldier seeking employment, these laws were —

Like Dead Sea fruits which tempt the eye.
But turn to ashes on the lips.

Examine the shameful record. Let Union soldiers everywhere look around
them and see how the Republican party has kept its pledges! They will not fail
to realize that they have been mocked at by the politicians who professed to be their
best friends.

The laws above quoted were passed as far back as the Thirty-eighth Congress,
when the Republicans had more than two-thirds in each branch. They soon be-
came obsolete in practice. They were forgotten by Republican officials until the
Democrats called attention to them.

THE DEMOCRATIC HOUSE RIGHTS THE WAY.

In the Forty-fifth Congress, the Committee on the Judiciary of the Democratic
House of Representatives reported the following act :

An Act to enforce by appf'opriate legislation the will of the people in rerjard to the disabled soldiers of

the late war.

Be it enacted, That whoever shall violate or set at naught any of the provisions of section 1754
of the Revised Statutes shall be punished by a fine not less than one hundred nor exceeding $5,000,
and by imprisonment not less than one month nor exceeding two years.

In the discussion of the bill some members expressed the fear that section 1754
did not apply to a certain class of soldiers, namely, the Veteran Reserve Corps,
and in order that there might be no doubt of the intention of Congress, the fol-
lowing additional section was added :

Skction 2. Nothing in the first section of this act, or in section 1754 of the Revised Statutes,
shall be so construed as to exclude from appointment to oflSce any soldier who was disabled in the
line of duty and honorably discharged, or the widows or daughters of the killed or disabled soldiers.

This act passed the Democratic House on June 10th, 1878.

THE REPUBLICAN SENATE REFUSES TO ACT.

The Senate was at that time Republican. The bill was sent over to that body,
when it was referred to the Judiciary Committee, and that was the last heard of
it. Thus the pretended love of the Republicans for the Union soldier has always
failed at some point. They neglected to enforce section 1754, and when the
Democrats attempted to right a great wrong and compel the enforcement, the
Republicans kicked the bill aside unceremoniously.

THE LAW NEVER REGARDED.

Let any one examine the record of Republican appointments, and he will find
that the law has always been a dead letter. Take the City of Washington. Let
any man go through the departments, and he will find that of the many thousand
men in the employ of the Republican administration, a few only are disabled
and crippled soldiers. The lusty politicians who nevpr trained a gun on an
enemy occupy the fat places. While the Republicans have thus ignored the duty
imposed upon them by law, the Democratic majority in Congress has given
ample proof that no reasonable measure for the relief of the Union soldier has
suffered any neglect at their hands.

A SPECIMEN BRICK — THE RHODE ISLAND CASE.

An investigation recently made in the state of Rhode Island shows how much
regard Federal officials had for the claims of the soldiers. The case is only an
illustration of many others.

J. B. Greene, Augustus Woodbury and other honorably discharged soldiers
and sailors of the United States and citizens of Rhode Island, in May, 1879, pre-
sented a memorial to Congress, alleging violations of sections 1754 and 1755 of the

THE DEMOCRATS AND THE SOLDIERS. 357

Revised Statutes, in relation to the appointment of wounded soldiers and sailors
to civil offices. In their memorial the petitioners say:

It is herein alleged that several honorably discharged soldiers have been within a short period
dismissed the custom-house of the Port of Providence, Rhode Island. Their places have been
filled by civilians with one exception, and mainly by the relations of Hon. H. B. Anthony. Sev-
eial of these deposed veterans are and were ready to submit to a competitive examination. This
privilege was denied them.

Gallant men, with dependent families, have been displaced to make room for mere striplings
who were in swaddling clothes when these veterans were fighting the battles of their country; men
whose s-nse of duty impelled them to the front in the late struggle are now forced to yield their
well-earned places to men who were speculating in cotton or other merchandise during the late
war. * * * Your honorable bodies are respectively asked to interfere in be-

half of the parties aggrieved.

Subjoined is the roster of the custom-house of the Port of Providence, Rhode Island ; names of
the civilians marked thus, X

Joseph T. Reed X 1,095

D. M. Arnold 1,095

J. R. Skinner, soldier 1,095

B. C. Allen x 900

William S. Chase, soldier 1,095

, boatman x 500

E. C. Pomroy, soldier 1,095

Cyrus Harris x $5,000

Edward P. Burrows X 3,000

E. C.Ashley x 1,800

Nathan Goflf, jr., soldier 1,600

Robert Perkins x 1,095

George W. Pettis, soldier 1,095

Master Burrows X 1,095

J. E. Burrows, soldier. 1,095

Total $22,655

A glance at the above names and figures shows that the civilians far outnumber the veterans.
The money paid to the civilians is twice that paid to the veterans.

The memorial was referred in the Senate to the Committee on Civil Service and
Retrenchment. The committee was subsequently authorized to investigate the
charges, and were further authorized to sit during the recess of Congress. Accor-
dingly, Senators Butler, Beck, Wythe and Rollins met at Newport in August,
1879, and there examined a large number of witnesses. They not only inquired
into the charge that sections 1754 and 1755 had been violated, but also into alle-
gations of the violations of the Civil Service rules made by the fraudulent admin-
istration.

The specific allegations and charges made in the memorial of the " discharged

soldiers and sailors" were :

That sections 1754 and 1755 had not been obeyed, "especially in reg>trd to appointments made
for collection of customs dues at the district and Port of Providence; " that " the statutes have been
violated, the rules of civil-service reform have been disregarded, and nepotism has been a marked
feature in the selection of civilians to fill the places of discharged veterans; " and that " for a long
time the interference of Federal officers at the polls at town, city and state elections has restrained
men from the exercise of rights guaranteed by the Constitution."

THE LAW VIOLATED IN LETTER AND SPIRIT.

The committee say in their report :

Your committee are of the opinion that the testimony shows beyond dispute that sections 1754
and 1755 have been violated in letter and in spirit in " the appointments made for collection of
customs dues at the district and Port of Providence; " that " persons honorably discharged from
the military and naval service, by reason of disability resulting from wounds or sickness incurred
in the line of duty," have not been preferred for appointments to civil offices; " but that, on the
contrary, honorably discharged soldiers," though not suffering "under disabilities from wounds
or sickness incurre'd in the line of duty," were "wounded" in the line of duty and honorably
discharsed after highly meritorious and gallant service during the war, have been removed, and
their places filled by civilians wholly without a record of service in the army or navy.

Not only were these discharged soldiers thus supplanted, but it appears to your commitU e from
the evidence entirely without proper cause, and in the face of the fact that " they were fouid to
possess the business capacity necessary for the proper discharge of the duties of ihe offices " in
which they were employed.

General James Shaw, Jr., the collector at the Port of Providence, was one of
the officers removed. Mr. Cyrus Harris, who was never in the military or naval
service, was appointed to succeed him. In response to the question of how long
he was in the military service. Gen. Shaw testified as follows :

I entered the service the 26th of May, 1862; remained for three months; it was a three months'
regiment; entered again the last of December, 1862, and was mustered out some time in July, 1863;
that was a nine months' regiment. I was nearly eight months in it. I again entered the service
in command of the Seventh United States Colored Troops in October of 1863, and remained until
November, 1866. We were finally discharged at Baltimore, Md.. November 16, 1866.

Q. What rank had you when you were mustered out? A. Colonel and brevet brigadier-
general.

358 THE DEMOCRATS AND THE SOLDIERS.

The testimony shows that Shaw was removed because he refused to contribute
himself or ask his subordinates to contribute to a forced political assessment.
Of his case the committee say :

It will not be doing justice in the case of General Shaw and others to say simply that " they
■were found to pof^sess the business capacity necessary for the proper discharge of their duties."

By the concurrent testimony of all parties— impcjrters, merchants, public officials and employees
— General Shaw " possessed " the highest qualifications for the discharge of his duties as collector
of the Port of Providence, and appears to have had the esteem and confidence of officials, superiors
in rank, and the entire community within the range of which his duties were performed.

His military record was most honorable and meritorious, as presented to your committee, and
yet he was displaced for no other cause that your committee can discover— and an aged civilian
politician appointed in his stead— than that he obeyed the Civil Service orders which had been
promulgated by the head of his department, and refused to be assessed on the amount of his
salary as a public officer for political purposes. If there was any other cause for his removal it was
not made to appear.

It thus appeared that a soldier was displaced because he i ef used to violate the
Civil Service rules of his superior officers, the President of the United States and
the Secretary of the Treasuty. . Mr. Cyrus Hauris, who never saw a gun fired
during the war, appears to have been appointed chiefly on account of his per-
sonal or political influence, to succeed Gen. James A. Shaw, who was a gallant
soldier and a very efficient officer.

OTHER SOLDIERS KICKED OUT.

Major William II. Joy« e was another soldier who was dismissed for no
just cause. He was foreign inspector, weigher, ganger and measurer at the
Providence custom-houe, and had acceptably filled the office for eight years.
Here is his testiuiony with regard to his servif e in the war:

William H. Joyce sworn and examined :

By the Chairman: Q. What is your age ? A. Forty-five last July.

Q. Were you a soldier in the late war in the Union army? A. I was.

Q. Be good enough to state in what capacity. A. I entered the service on the first call of the
President for state troops in 1861, in the First Regiment Rhode Island Detached Militia, under
Colonel (now General) Burnside. Subsequently I was commissioned first lieutenant in the Seventh
Rhode Island, promoted captain therein for gallantry at the battle of Fredericksburg, Va., and
subsequently promoted major for gallant and meritoiious services during the war.

Q. Why were you discharged? A. By reason of the termination of ihe war and my services
being no longer required.

q: When? A. June, 1865, I believe.

Q. Honorably discharged? A. Yes, sir.

The hardship to which this soldier was subjected by being dismissed and having
a civilian appointed in his place was brought out by the following testimony
elicited by Senator Beck :

By Mr. Beck: Q. I want you to state again your story as connectedly as you can. You are
forty -five years of age, I understand? A. Yes. sir.

Q. You have a wife and five children depending on you for support? A. Yes, sir.

Q. State briefly your length of service in the war, the position yon held, and the promotions
made. A. I first entered as a private Ccmipany C, First Rhode Island Detached Militia; served the
full term ; was discharged by reason of expiration of term ; re-entered the service as first lieutenant
in the Seventh Rhode Island Volunteers; September 6, 1862, I was mustered in; was promoted cap-
tain in the December following— December 13, 1862— and subsequently promoted major.

Q. You were promoted for gallant services where? A. At the first battle of Fredericksburg,
December 13, 1862.

Q. And again promoted major for gallant and meritorious services? A. Yes, sir, that is em-
bodied in J!iy commission.

O. Thct-e facts are set forth in your commission? A. Yes, sir.

Q. And yon s^prved till the end of the war? A. Yes, sir.

(J. 1 hen you held two otht-r positions, I understood you to say, which you did not name
before? A. The first position I held on my return to civil life, I think, was assistant United States
marshal for taking the census in 1870; the next position, I was appointed storekeeper in the internal
revenue service. A short time after getting through with ni)' duties as assistant marshal, while
acting a? storekeeper in. this district, there \yas no particular duty for me to perform by reason of
the distilleries to which I was assigned lieiiig closed up. The then internal revenue collector, Mr.
Eames, deputized mu as a deputy collector, and I performed duty as such and collected the inter-
nal revenue taxes on North Providence, and in this city a portion of them.

Q. Then you were appointed to the custom-house? A. I resigned my position as storekeeper.
I was actively engaged as storekeeper when I did resign to accept a position in the custom-house
tendered me "by Collector Shaw.

Q. Was any fault found with you in the discharge of any of your duties either as soldier or civ-
ilian? A. I never knew of any.

Q. As either being dieUouetft or unfaithful or incompetent? A. I challenge the strictest scru-
tiny on that poiut.

THE DEMOCRATS AND THE SOLDIERS. 359

I
Q. Aud no complaint was made a^ain'^tyou wh-n yoi were discharged in May last? A. None.
I inquired for the reasons, but the collector peremptorily declined to give any reanons.

Q,. You say your place was given to a man who had never served the country, that you know of,
at least in the army* A. He could not have served; he was too j'oung to serve at that time.
Q. A single man? A. Yes, sir.

Q. A former clerk of the collector? A. So I understand.
Q. Who was himself a civilian during the war? A. Yes, sir.

{Senate Report No. — , AUh Cong., 2d sess., p. 72.)

Major Joyce, it appears, was also unwilling to contribute to a forced assess-
ment, and consequently his official head rolled into the basket.

Capt. Henry A. Greene, a coastwise inspector, was also dismissed as soon as
Cyrus Harris took possession of the office of collector. There were no charges of
dereliction of duty against him. His place was wanted for some one else. Of
these cases of Joyce and Greene, the committee say in their report:

What has heretofore been said in General Shaw's case is largoly true of Major Jo5xe and Cap-
tain Greene, who were likev/it>e honorably dischargt;d soldiers, and, moreover, competent and faith-
ful public servants. They, too, were removed without proper cause, and a civilian who had done
no military service during the war was appointed in the place of Major Joyce, who was wounded iu
service and promoted for gallant and meritorious conduct.

Major Pomeroy, appointed in Captain Greene's place, was a Union soldier of good military
record and was wounded in action, while Captain Greene was engitred in less important service,
principally on the Indian frontier, and was in no engagement in the field, and therefore in his case
the statute has not been violated.

Many other facts might be recited from the evidence relating to the discharge and appointment
of employees in the Providence custom-house, to the pernicious practice of the present collector in
permitting his subordinates to engage in other business avocations while they are employed by the
government, to which, by the nature of their contracts, and for the best interest of the public busi-
ness, they owe tht-ir undivided service.

But it is not deemed necessary to recount them in order to sustain the proposition that the above
recited sections of the Revised Statutes and the Civil Service rules and orders have been violated
and disregarded, as set forth in the memorial.

Other facts were brought out by the committee showing violation of the stat-
utes referred to, and also of the Civil Service orders of the fraudulent adminis-
tration. All the facts clearly indicated that the Republicans' professions of love
for the soldier, and their desire to have him occupy places of honor, trust and
profit, were mere lip service. The Rhode Island case was but one of many. The
same condition of things exists elsewhere, and an investigation only is needed to
bring out the utter heartlessness of Republican professions of love for the soldier.

ANOTHER REPUBLICAN DISCRIMINATION AGAINST SOLDIERS IN CIVIL EMPLOYMENT.

In 1865 Congress, both branches being then largely Republican, passed an act
which was entitled

An Act supplementary to the several acts relating to pensions.

The first section of that act contained this proviso :

Piwided that no pension should be allowed to any person as an invalid for any period of time
during which he received, or has become entitled to receive, for services to the United States gov-
ernment in any capacity, the full pay which able-bodied officers or employees rendering like ser-
vices are allowed by law!

This proviso remained on the statute book for one year and more. It virtually
struck from the pension rolls every wounded soldier, no matter whether he had
lost an arm or a leg, who had been fortunate enough to obtain civil employment
under the government. The proviso created much righteous indignation among
the soldiers and their friends, and in June, 1866, the proviso was repealed. But
no pension was made to reimburse the soldiers who had been deprived of their
pensions between tbe date of the enactment of the proviso and its repeal.

THE DEMOCRATIC HOUSE RIGHTS THE WRONG.

On May 24, 1878, Gen. A. V. Rice, of Ohio— a gallant soldier who left a leg
upon the field of battle, a Democrat tried and true, and one of the best friends
the soldier ever had in Congress — reported a bill to remedy a wrong which the
Republicans had left uncorrected on the statute book for twelve years. The bill
was entitled

An Act relating to soldiers while in the Civil Service of the United States.

360 THE DEMOCRA.TS AND THE SOLDIERS.

The bill gave the pensioners the pensions of which the Republicans had de-
prived them. It provided as follows :

That all persons who, under or by virtue of the first section of the act entitled an Act supple-
mentary to the several acts relating to pensions, approved March 3d, 1865, were deprived of their
pensions during any portion of the time, from the 3d day of March, 18fi5, to the (ith day of June,
1866, by reason of their being in the Civil Service of the United States, shall be paid their said
pensions, withheld by virtue of said section, for and during said period of time.

This bill passed the Democratic House without a murmur of opposition (see
Cong. Eecord, part 4, 45th Cong., 2dsess., p. 3757).

It went immediately to the Republican Senate, where the majority, which
claims to have such supreme love for the soldier, let it lay until February, 1879,
when the House bill was taken up and passed.

The bill originated in a Democratic House, it was pushed to a passage by a
Democratic representative, and but for his action and that of his fellow -Demo-
crats the pensioners who were deprived of their money in 1865 would still be
without it. In all their years of power the Republicans never thought of doing
this simple act of justice.

ANOTHER DEMOCRATIC EFFORT TO SECURE CIVIL EMPLOYMENT FOR SOLDIERS.

In the regular Annual Pension Appropriation Bill for the fiscal year ending
June 30, 1879, which passed the House April 11, 1878, Gen. Rice of Ohio offered
an amendment, which was adopted by the Democratic House, providing that from
and after July 1st, 1878, the office of pension agent should be filled by wounded
or disabled Union soldiers. It seemed to the Democratic House eminently fit and
proper that the money disbursed for the benefit of soldiers should be distributed
by soldiers. Besides that, it opened up, a new avenue of employment to a number
of the veterans (see Cong. Record, ml. 7, part 3, 4Wi Cong., 2d sess.).

The bill was taken up in the Senate on May 6th, 1878, and the Senate Commit-
tee on Pensions moved to amend the House amendment by directing the Presi-
dent to give preference to wounded and disabled Union soldiers in the appointment
of pension agents.

The amendment of the House, as well as the proposed amendment of the Senate
committee, was opposed on the ground of unconstitutionality. It was argued that
Congress could not instruct the President who to appoint. As an answer to this
the fact was pointed out that in appointing judges, the President necessarily con-
fined himself to the legal profession ; that in appointing surgeons he was confined
to the medical profession, etc. , and that there was therefore no impropriety in
directing him to confine himself to a certain class in the appointment of pension
agents.

SENATOR INGALLS' TRIBUTE TO THE DEMOCRATIC HOUSE

In the course of tie debate, Senator Ingalls, a Republican, said:

At the other end of the Capitol is a House which is frequently alluded to as the House of the
Confederate Tragedies. They have no unconstitutional scruples about declaring that Union
soldiers shall administer the pension agencies of this country. The men who have served in the
rebel army, and have had their disabilities removed and have come to Congress, pass a section to a
bill expressly declaring that the powers and duties of those offices shall be exercised by disabled,
wounded and honorably discharged Union soldiers. But when the bill came to the Senate, a por-
tion of the gentlemen of that faith, and a portion of the gentlemen of the opposite political faith,
come together in a body that is ostensibly Republican, and find a great many constitutional scru-
ples about the power of the Executive to appoint Union soldiers to oflice. * * * fjn^g
Senate, nominally Republican, attacks a section that comes from the House, actuall}' Democratic.
That body, controlled very largely by the sentiment known as the Confederate during the war, have
seni to us an open, manly declaration that the duties of these oflSces shall be discharged by wounded
and disabled Union soldiers. * * * if Democrats and Confederates, as they

are called by the public press, can find no constitutional difficulty about this matter, it seems to
me that we ought not to be particularly troubled upon the point {see Record, May 6, 1878,
part 4, 4Wi Cong., M sess.).

Senator Ingalls, in the extract above quoted, recognized and confessed the
fact that the Democrats, including the "Confederate Brigadiers," were more

THE DEMOCRATS AND THE SOLDIERS. 361

disposed to do equal and exact justice to the Union soldier than the Republican
Senate was.

The House clause was amended so as to provide that in case of a vacancy from
any cause, the oflSce of pension agent shall be filled by wounded or disabled
Union soldiers, or the widows or daughters of Union soldiers.

When the bill went back to the House it was sent to a conference committee,
and as the committee could not agree upon the construction of that clause, it was
dropped out entirely. Thus the good intentions of the Democrats toward the
Union soldiers were defeated, because the Republican Senate, in the language of
one of their own Senators, " had constitutional scruples about the power of the
Executive to appoint Union soldiers. to office."

362 THE HEPUBLICAN INSULT TO THE MEXICAN VETEKANS.

THE REPUBLICAN INSULT TO THE
MEXICAN VETERANS.

At the regular monthly meeting of the Associated Veterans of the Mexican
War, held in this city, on Saturday, July 3d, the following resolutions were
adopted :

Whereas, when the constitution and by-laws of thia association was formed, in 1873, pa'-ty politics
Avere ignored as forming no part in the objects and aims of the society, it being tht-n the desire and
intention to accord to every member perfect freedom in action and belief in all political questions
of the day. But in the course of human events circumstances sometimes alter cases. The time
has now come, iu the opinion of this body, for a temporary suspension of this rule, and for taking
A new departure in the interest of our comrades. It is wellknown that leading Republican Senators
and members of Congress have latterly indulged in unmitigated abu.*e, msilignant falsehood, and
bitter contempt of our old comrades in arms whenever our friends sought occasion to liave our
humble claims to recognition on the pension roll of honor considered in those legislative bodies.
They have repeatedly heaped insult and contumely, in a most ungenerous spirit, unon the heads of
old soldiers of the republic, whose pretensions to recognition by the Pension Office on a footing
with other pensioners were indorsed by twenty-five state legislatures, and a leading Republican
-Senator, who presided over the Republican Convention atCnicago, offerer!, as a proviso to ihe bill
before the Senate, that before the Mexican veterans »Jhall be pensioned they shall fir^t make oath
and prove themselves paupers ! Self-respect and the common instincts of manhood, rheiefore,
require of us that we should combine our influence, and endeavor to enlist in our cause, liy an
earnest appeal, the sympathy and aid of our fellow-soldiers of all wars in which tlie country has
been engaged, who have a common heritage in the glory and prosperity of the nation, to properly
rebukethiaarrogaut party, grown insolent by overfeeding at the public crib, at tiie pulls, in tiie
forthcoming contest for political supremacy; therefore.

Resolved, That we recommend to our kindred associations of Mexican veterans through ut the
United Statei to organize campaign clubs, end cordially invite the ex-soldiers of the Republic, in
the North and in the South, in the fiast and in the West, to enndl their names with us and rally
around the old flag as a grand army of American warriors, in support of the nomine*^ of the Demo-
cratic party for the presidency, General Winfield Scott Hancock, a gallant soldier and statesman, in
whom every patriot whoever bore arms in defense of what he honestly deemed to be right, may
with confidence liope to find a friend and wise counsellor.

Resolved, That a copy of these resolutions be furnished for publication in The Tidette, and to the
press of the country, and we earnestly recommend their adoption by the associations of veterans
of Mexico in every state of the Union.

JAMES W. DENVER, President.

A. M. Kenadat, Secretary.

It is not at all surprising that these veterans should have taken this stand. It would have been
surprising if they had not. They have been treated most shamefully by the Republicans in both
branches of Congress. They have not only been refused a place on the pension rolls, but the Re-
publiciyis have gone so far as to attempt even to deny their cause a respectful hearing by voting
timasrhd again against taking up their pension bill.

James A. Garfield was always among those who refused to do justice to these
"brave men. It would, therefore, be the sublimity of impudence iov Garfield or
his friends to appeal to a single Mexican sold er for his vote. Before the Demo-
crats came into -power in the House no attempt was made to pension the veterans.
The Democrats in Congress stood as a solid phalanx in favor of pensioning them.
The Republicans refused to pension the Mexican soldiers, because they hoped to
make political capital out of the fact that the bill might pension a few who were
not on the Union side. Once in the Forty-fourth Congress, when the Democrats
had an overwhelming majority in the House, a bill was passed through that body,
after much difficulty and many delays. But the Republican Senate killed it by
indirection

THE REPUBLICAN INSULT TO THE MEXICAN VETERANS. 363

LEGISLATION IN THE FORTY-FOURTH CONGRESS.

Early in the Forty-fourth Congress a number of bills were introduced and

referred.

Granting pensions to certain soldiers and sailors of the Mexican, Florida and Black Hawk wars,,
and to certain widows of deceased soldiers of the same.

On February 24, 1876, Mr. Hewitt, of Alabama, reported a substitute, embrac-
ing the features of all the bills, and moved to make it a special order for a certaia
day.

Mr. Kasson, Republican of Iowa, objected {see Record, vol. 4, parti, Ist sess,
UtJt Cong., page 126S).

On May 3d, Mr. Hewitt succeeded in having the bill assigned for the 19th of
that month, but in consequence of objections and other business, it was not taken
up on that day (Ibid., part 3, page 2917).

It was not reached again until the second session of the Forty-fourth Congress.
On January 4th, 1877, it was taken up and passed (Record, vol. 5, part 1, 2d sess.
Ut?i Cong. , pp. 427-432)

It went to the Republican Senate, where it was referred, and killed in com-
mittee.

LEGISLATION IN THE FORTY-FIFTH CONGRESS.

Early in the first session of the Forty-fifth Congress (called session) Mr. Hewitt
reintroduced the bill. It was reported back January 17, 1878, and Mr. Hewitt
tried to have a day fixed for its consideration.

Mr. Conger, Republican, of Michigan, objected to it (Record, vol. 7, part 1, 2d
sess. 45^/i Corm. , p. 384).

On February 14th Mr. Hewitt succeeded in getting the bill up in committee of
the whole House, and tried to limit debate. The Republicans objected. They
were determined to talk it to death. They pretended that their principal oppo-
sition to the bill arose from the fact that if it was passed Jefferson Davis would be
placed on the pension rolls. In order to meet this objection the friends of the
bill were willing to add a clause

that the provisions of this act shall not apply to any person while under the political . disabili-
ties imposed by the 14th amendment to the Constitution of the United States.

Even this did not satisfy the opposition, and their refusal to accept the proposi-
tion was the best evidence that Jefferson Davis' name was used merely as a blind,
and that the real opposition was to the Mexican soldier (Record, vol. 7, part 2,
2d sess. 45th Cong., pp. 1038, 1047).

GARFIELD SHOWS HIS HAND.

February 25th Mr. Hewitt again moved to go into committee of the whole on
the bill. On this occasion the Republicans resisted that motion and demanded
the yeas and nays. The motion prevailed by a vote of 174 to 51.

The negative side was as follows :

Messrs. Bacon, Ballou, Bayne, Blair, Brewer, Briggs, Burdick, Camp, Campbell, Clark (towa).
Cox (Ohio), Cummings, Danford, Deering, Dwight, Ellsworth, Erret, Field, Foster, Garfield,
Hardenburgh, Hendee, Hiscock, Humphrey, Hungerford, James, Jones (N. H.), Keightley, Lap-
ham, Lathrop, Lockwood, McCook, McGowan, Monroe, Patterson (Col.), Patterson (N. Y.), Rice
(Mass.), Robinson (Mass.), Sampson, Starin, Stone (Mich.), Stone (Iowa), Strait, Townsend
(Ohio), Townsend (N. Y.), Wait, White (Pa.), Williams (Wis.), Williams (Del.), Williams (Ore-
gan) and Willetts.

In committee the Republicans again tried to talk the bill to death. They would
not permit a vote to be reached (Ibid., pp. 1315,1321).

The same thing occurred on February 26th, 27th and 28th. The friends of the
bill tried hard to pass it, but the Republicans always resisted successfully, either
by debate or by dilatory motions.' The result was that the bill went over until

364 THE REPUBLICAN INSULT TO THE MEXICAN VETERANS.

the next session. Then the Republicans repeated their tactics to defeat the bill,

and on every yea-and-nay vote James A. Garfield is recorded as voting against

the bill (see Becord, ml. Q, parti, M sess. 45^/i Cong., pp. 440, 441, 447). This

was the short session of Congress, and the Republicans by their conduct were

successful in preventing any action. The bill was consequently lost.

Early in the Forty-sixth Congress bills were introduced in both Houses. In

the House it is on the calendar. Several attempts were made to take it up, but

the Republicans individually objected. In the Senate the bill was discussed, but

no vote was taken. General Williams, of Kentucky, made an eloquent speech in

behalf of his old comrades. Other Democrats spoke in the same strain. The

Republicans denounced the bill, as usual, and, as the Mexican veterans say in

their resolution, they took the ground

that before the Mexican veterans shall he pensioned, they shall first make oath and prove
themselves paupers.

It is not at all surprising, therefore, that the old soldiers should be indignant
and that they should espouse the cause of their old companion in arms. Gen.
Hancock.

Garfield and his party friends are unworthy of a single consideration at their
hands.

THE REBEL BRIIJADIEB. 365

THE REBEL BRIGADIER:

DANGEROUS AS A DEMOCRAT — FIT FOR THE HIGHEST HONORS AS

A REPUBLICAN — RADICAL DEMAGOGUISM — THE SOLDIERS'

ROLL OF THE CONFEDERATE CONGRESS.

Since the Democrats came into control of the Senate and House, the Republi-
can speakers and press have persistently represented that the Democratic party in
Its appointments of employees of Congress had shown its hostility to the Federal
soldier. Repeated denials accompanied by conclusive evidence did not stop the
misrepresentation.

In 1879 the Republican party of Ohio, in nominating as their candidate for gov-
ernor a man who staid at home during the entire war and never exposed himself
to a moment's danger, saw fit, in connection with that nomination, to indulge in a
hypocritical gush against the abuse which Federal soldiers were receiving from
the Democratic party. They passed the following resolution:

Resolved, That the memory of our dead heroes who gave their lives to save the nation from de-
struction protests against the expujeion of their living comrades from public offices to gratify the
partisan purposes of the dominant p^rty in Congress.

One would suppose from the loud pretense of Republican love for the soldiers
that at least every other man officially connected with the Republican Senate and
Republican House was a discharged and wounded veteran. When the Senate
was turned over to the Democratic party there were found just six wounded
soldiers on its rolls and no more, out of one hundred and fifty employees. Under
Democratic rule the six are still in the employ of the Senate.

In regard to the employees of the House the following statements carry their
own story:

Doorkeeper's Ofpice, )

House of Representatives, United States, >•
Washington, D. C, June 6, 1879. S

I certify on honor that there are now upon the rolls of the Doorkeeper's Department, House of
Representatives, my appointees, twenty gentlemen who served in the " Union Army " during the
late war. Of this number is Colonel Baker, chief of document-room, one of the most responsible
positions m the House; a second is Captain Knight, assistant doorkeeper, appointed by me to that
place for the reason that he was a Union soldier.

CHARLES W. FIELD.

Engineer's Department, House of Representatives, June 5, 1879.
There are employed in the engineer's department of the House of Representatives two persons
who served in the war for the Union, namely, William Lannun, chief engineer, who served in the
navy, and S. J. Davenport, who served in the army.

WM. LANKAN, Chief Engineer, House of Representatives.

Clerk's Office,
House of Representatives, United States, -
Washington, D. C, June 6, 1879. )

There are employed in the office of the Clerk of the House of Representatives five ex-Union
soldiers, among whom are Hon. George M. Adams, Clerk of the House, and Henry H. Smith,
journal clerk.

GREEN ADAMS, Chief Clerk, House of Representatives.

The soldier roll at this hour, with the Democratic party in the ascendency

366 THE REBEL BRIGADIER.

in both branches of Congress, under the control, of "Confederate brigadiers,'*

to use a hackneyed phrase, shows a batter patronage bestowed on the Union

soldier than it did when the Republican party had unlimited sway. •

The Democratic party has been arraigned for the present composition of the

Senate. Senator Conkling m a speech delivered in the Senate said :

Twenty-seven states adhered to the Union in that dark hour. Those states send to Congress
two hundred and eixty-nine Senators and Representatives. Of these two hundred and sixty-nine
Senators and Representatives, fifty-four and only fifty-four, were soldiers in the armies of
the Union.

He is now speaking of the House as well as the Senate :

The eleven states which were disloyal send ninety-three Senators and Representatives to Con-
gress. Of these, eighty-five were soldiers in the armies of the rebellion, and at least three more
held high civil station in the rebellion, making in all eighty-eight out of ninety-three.

Let me state the same fact, dividing the House. There are but four Senators here who fought
in the Union army. They all sit here now; and there are but four. Twenty Senators sit here who
fought in the army of rebellion, and three more Senators sit here who held high civil command in.
the Confederacy.

Since the war closed four Senators have been elected in the State of New
York by Republican legislatures. Each time that party had an opportunity to
send somebody here who had shed his blood or offered to shed it in the war for
the Union. Four times they refused to do it, three times by sending Mr. Conk-
ling, and once in sending Mr. Fenton. Four times the party of which the Sena-
tor is leader and king in his own state had a chance to select as Senator some
soldier who had adorned the history of New York by his valor, who had been
conspicuous by his heroism, who had faced the belching batteries of the enemy,
and yet each time the towering figure of Conkling himself intercepted the
soldier's hopes. Those who wore the blue went to the rear while the tall plume
of the civil chieftain went to the front ; and yet he now rails at the Democrats for
not filling the Republican seats in the Senate with' Union soldiers. Amazing
spectacle !

Senator Blaine has made constant assaults on the Democratic party for its alleged
hostility to Federal soldiers. He, too, has been disturbed because there are so
many men on one side of the Senate Chamber who have periled their lives in
battle and so few on the other. If the fact is to be deplored, then why comes the
Senator from Maine. Why does he not yield to some gallant soldier from the
Pine Tree state ?

But there have been in the state of Maine five elections for Senators since 1885,
each time resulting in the choice of a Republican Senator. Are there, in fact, no
soldiers in that state to send to the Senate ? Is there nobody there fit to be a
member of this body who wore the blue during the war ? If there is, and he has
been jostled aside by the superior ability, artifice or ingenuity of the Senator from
Maine, certainly that Senator ought not to reproach the Democrats for his own
grievous fault. Five times the state of Maine has had the chance to do honor to
some soldier in her borders, and five times she has done nothing of the kind, and
thus she has added five conspicuous illustrations of the dire hypocrisy, the vile
sham, and black, false pretense of the Republican party in its pretended love for
the Federal soldier. The "home guards" are there in force. The proper order
of things is reversed. The rear ranks are to the front, and the front ranks have
gone to the rear. And now these rear men in war and front men in peace fill all
the air with a dismal cry over the injustice which they themselves have inflicted
on the soldier.

The Republican party in common decency ought to be silent on the subject,,
because they have had a hundred chances, taking all the states throughout the
North together, to remedy the very evil they rail about. The Republican party

THE REBEL BRIGADIER. 367

of Indiana, with all of its clamorous outcry for the Union soldier, and its love for
the soldier, always pushed the soldier aside and sent men to Washington who
never faced the enemy. The Union army is as well represented on the floor of
the Senate and House now, so far as Indiana is concerned, as it ever was.

Vermont has held seven senatorial elections since the war closed. There could
not have been any soldiers in that state, or some one might have been found in
seven trials. The state is not large ; the population is not extensive. Seven times
a Senator was called and seven times a civilian answered and was chosen. Seven
times the roll of public merit has been called of those who deserved well of their
country; and seven times the eager, hungry, stay-at-home, home-guard politician
has rushed to the front, seized the prize, and the soldier has staid at home. He
goes not to the Senate from Vermont.

Massachusetts sent one hundred and fifty thousand troops to the field. Since
the war it has six times held a senatorial election, and no soldier was elected.
The hypocritical policy of the Republican party is thus fully illustrated.

Let us see, however, about this dangerous person called the Confederate briga-
dier. Who is responsible for the introduction of the Confederate brigadier to the
theater of national politics ? Southern gentlemen are in Congress because they
thought the country was restored to its normal relations ; that the states were re-
habilitated under the Constitution ; that each state had the right to select its own
representatives in both branches of Congress, and that they were not compelled to
ask leave to come of any set of men from any part of the country.

They are right in being there. They are met, however, by a party with a vio-
lent unwelcome, with abuse and denunciation hurled as a key-note to party war-
fare by the great Senator from New York, and followed up by all the Senators on
his side of the Chamber. There is something due to history on this subject. Is
the Confederate soldier unfit to take part in the affairs of this government ; or, is it
in fact only the Confederate soldier who votes the Democratic ticket to whom they
object ? Is it the Confederate soldier p^r se, or does the objection to him only arise
"When he votes the Democratic ticket ? If a Confederate soldier votes the Republi-
can ticket, and indorses all the rascality that overwhelmed the South as a deluge
during carpetbagism, do they not embrace him ? None such have ever been cast
out by the Republican party. On the contrary, all such have had seats of dignity
and rob^s of honor assigned.

THE ROLL OF HONOR.

Grant appointed Brigadier-General Amos T. Akerman, of Georgia, to a seat in
his Cabinet. A majority of the Republican Senators in the Senate to-day on their
oaths voted to confirm as the first law officer of this government. They gave it
to him to construe the Constitution, to interpret the laws, to render decisions bind-
ing for years, and perhaps for all time. General Grant put into the hands of
Confederate Brigadier-General Amos T. Akerman the portfolio of justice, and a
Republican Senate confirmed him ; and why ? Not because he was greatly learned
in the law. Nor did they object that he had carried a sword, and killed whom he
could, under the Confederate flag; he voted the Republican ticket, and that was
enough; it washed away all his sins, and made him clean and pure in their eyes,
though his sins had been as scarlet before.

The present administration has confided one of its very important Cabinet port-
folios to another Confederate brigadier, Postmaster-General Key. It not only thus
took him to their heart, but has provided that during his life or good behavior he
shall sit as a United States judge to construe the law of the land. General Key, in
the Senate, just before he was made a member of the Cabinet, in a speech said:

368 THE REBEL BRIGADIER.

And on this testimony, the falsehood of which is so apparent on its face, a state is to be dis-
franchised, and a President whom the people never elected, is to be placed in office.

Within but a few days of Ms appointment and confirmation, lie not only an-
nounced that the present President of the United States was not elected President
by the people at all, but further, that there was a plot to foist him into that office
by disfranchising a state through the instrumentality of wholesale falsehood. He
has never recanted this truthful statement. He has agreed to vote the Republican
ticket, and doubtless he does so. It was on that condition that a Republican
Senate confirmed this Confederate brigadier with an additional handicap in the
shape of the speech quoted from above.

Going south of the Potomac one can still further illustrate the shameless, false
pretensions of the Republican party on this subject. A Federal judge (Judge
Hughes) is holding an oflSce for life in Virginia. He was an original secessionist
and the editor of a secession paper when the war broke out. He now construes
the law over a large and intelligent population.

They have welcomed Confederate oflicers to the bench and to the Cabinet; they
have welcomed them to foreign missions ; they have welcomed them to official
positions of every description, on the one sole condition that they would vote the
Republican ticket. Party politics control this whole matter. When they vote
the Republican ticket they are " loyal " brigadiers; when they vote the Democratic
ticket they are ' ' rebel " brigadiers.

Here, next, is another Virginian, John S. Mosby. Who was John S. Mosby ?
One time, it was a question whether his surrender would be received,
whether he would be accepted as a prisoner of war, or whether he should be out-
lawed from that general amnesty which the government was then extending.
There was a time when the name of Mosby paled the faces of men in the Cap-
itol. There was a time when it was supposed he fought under a black flag, and
that it could sometimes be seen from the dome in the soft sunlight on an after-
noon. It was thought that his warfare partook of the nature of the guerilla, and
such a belief largely prevails to this hour. But all is forgiven now ; not only for-
given, but verily this most offensive Confederate warrior has rich reward. He em-
braced radicalism, and it in turn embraced him. Instead of some wounded
Federal soldier occupying the position, the Republican Senate has confirmed John
S. Mosby as consul at Hong-Kong, and he is now an American representative to
the oldest empire on earth ; he is among the Celestials.

The traveler in passing through Virginia naturally visits North Carolina next.
Let us do the same. Thomas Settle, of North Carolina, is now a district judge of the
United States, a life office of rank and importance. He was an officer of the Conf cd
erate army ; he was a secessionist; he fought the battles of secession; he turned to
be a Republican, and was made president of the Republican National Convcr.ticn
which nominated Grant in 1872 at Philadelphia. Afterward he was made mi^isliu-
to Peru, and he now occupies a high judicial station. The most profitable sinx-
ulation a man who fought in the Confederate army can now engage in is to adver-
tise himself ready to enter the ranks of the Republican party at a fair comjx usa
tion.

Governor Holden, of North Carolina, was an original secessionist and a ^i^iier
of the ordinance of secession which took North Carolina out of the Union. The
Republican party, as soon as he had joined its ranks, made him governor nf Die
state. He remained governor until he was impeached; but proven crimes did not
seem to disgrace him with Republicans. Since then he has been appointed ptst-
master at Raleigh and confirmed by the Senate, and he is there now at a : < ■!

THE REBEL BRIGADIER. 3ftg

wholesome salary. Every weak or treacherous man in the South who for shams
or for love of gain desires to abandon his friends and prey upon his own people is
thus rewarded.

Take the Barringers; one of them is a United States judge in Egypt. They were
Confederates; they are Republicans now, and they are cared for.

The United States district attorney of North Carolina, Mr. Lusk, was an officer
in the Confederate army, and he was confirmed here. He was confirmed by
Republican Senators.

James L. Orr, of South Carolina, was once speaker of the House of Representa-
tives. He went into secession and armed rebellion, and was a Confederate officer.
He afterwards joined the Republican party ; and what a place they gave him ! They
made him minister to Russia, one of the four first-class missions, and this Con-
federate officer received it as his reward for joining the Republican party.
Colonel Northrup of North Carolina is now United States district attorney.
He was an officer in the Confederate army. In Mississippi let us see how the Re-
publican party has managed its affairs. Major Morphis was the most prominent
scout of General Stephen D. Lee's command, and he is now the United States
marshal for the Northern district of Mississippi.

Captain G. W. Hunt was an aid to General Hardee, and he is now United States
marshal for the Southern district of Mississippi. Ah ! how the good things come
to the regenerated ! Thomas Walton — I knew him ; he is in his grave, and peace
to his ashes — was an aid to General Longstreet. He was appointed United States
district attorney ; and after his death he was succeeded by Green Chandler, a Con-
federate officer, who was at that time United States mail agent, and is now United
States district attorney in the place of Walton, deceased.

Colonel G. W. Henderson was a colonel of cavalry in General Chalmer's divi-
sion. He is now receiving the reward of his services as a United States revenue
collector ; and in order to make Republicans feel proud of their party in Mississippi,
and to finish up the work properly, it only remains to state that the Republican can-
didate for state auditor in 1875 was Captain Buchanan, captain in the Second Mis-
souri Cavalry at Fort Pillow. He is said, according to all accounts, to have fought
fiercely in that memorable battle. Yet he received all the votes the Republican
party had to give, as well as the prayers of his Northern friends who could not get
to the polls to vote for him. With what devout aspiration Northern Republicans
hoped for his success, and we have no doubt he could prove that he would have
been elected if his supporters had not been bulldozed. Yes, he was a captain
fighting at Fort Pillow under the Confederate flag. The leaders of the Republican
partj^ as the representatives of indignant loyalty against Confederate brigadiers
take to their bosoms this Confederate officer, who bathed his sword in their blood
at Fort Pillow.

There never was before a fountain of grace so wide, so deep, so exhaustless, so
spontaneous in its unceasing flow, as that of the Republican party to Confederate
officers, if they will only vote the Republican ticket !

Take Louisiana. We see one who was long in office there and who has made a,
great and bloody figure in history ; a man of commanding military capacity — Gen-
eral James Longstreet. General Grant made him surveyor of the port of New
Orleans, took his bloody hand in his— not only forgave but rewarded him, not only
welcomed him, but said, "Come up higher." Who was Longstreet? Those
who fought in the Wilderness speak of the dreadful shock of battle when they
encountered Longstreet's corps, and the blood ran in rivulets. No braver, harder
fighter ever drew sword or encountered our Union armies than Longstreet. He

370

THE REBEL BRIGADIER.

was educated for a soldier by his government, and he cost it more lives than any
other one man who commanded no more than a corps in the Confederate army.
Who was Longstreet at Gettysburg and at Antietam ? An educated American
soldier fighting with desperate courage to destroy our government.

When the history of the late war shall be written, alongside of the names of
■Gordon and Stonewall Jackson, of Joseph E. Johnston and Albert Sidney John-
ston, will be written the military achievements of James Longstreet. Yet
nothing stood between him and civil preferment the moment he was willing to
turn his back upon his old comrades, who had shared with him the bloody charge,
the nightly bivouac, and the overwhelming disaster that fell upon them all at the
<jlose.

It is proposed to

APPEAL FOE, FAIRNESS,

for common honesty and common decency. It is not intended that the record
shall be made up in the interest of injustice. It is not in the power of Republican
Senators to make it up in the way they propose, for the truth is not their way.
Their accusations shall recoil on their own heads. Their charges rest upon false
foundations. If there is guilt at all on this subject the leaders of the Republican
party are themselves the guilty parties.

THE NEGRO EXODUS. 3*71

THE lEGRO EXODUS

In the fall of 1878 public attention was attracted to the wholesale importation:
of negroes from certain Southern states to the Northwest, Kansas was first se-
lected as the objective point of the exodus. The migration began from the states
of Mississippi, Louisiana, Arkansas and Texas, Companies of negroes, destitute
of clotliing, furniture and money, appeared upon the various landings along the
southern Mississippi and embarked in steamboats for St. Louis. A great major-
ity of the emigrants had no idea where their future homes were to be. Emissa-
ries of the Republican party had visited them in their cabins and had followed
them through the rice, cotton and sugar fields of the South, tempting them, with
promises seductive and false, to leave their homes and move to the North.
Tales extravagantly untrue were told them of fortunes to be made without work
in the Western states. All were to be given easy employment at wages which,
to the uneducated negro, seemed fabulous in amount. They were told that the
white men of the North were waiting with open arms to receive them. Bible
illustrations, which always impresses the mind of the negro, were used to pro-
mote the scheme. A new Canaan was promised, with a modern Moses to lead
them into a land of milk and honey. They were promised from 80 to 160 acres-
of good land apiece, and assistance in the construction of houses and the purchase
of stock. It is not strange that these tempting offers were eagerly embraced.
Comfortable cabins were deserted, the women and children, scantily clad, were
moved to the nearest railway stations and steamboat landings, and the natives of
the warm South set forth to endure the rigors of a cold northern winter, ignorant
of what the future had in store for them, but with blind confidence in the
promises of their seducers.

WHAT ATTRACTED PUBLIC ATTENTION.

The first idea the people of the North had of the extent of the exodus was-
the cry which came from the municipalities of St. Louis, Kansas City and Lea-
venworth. The emigrants were arriving in those cities by scores daily. They
were for the most part utterly destitute. Sickness spread among them. They
cried for bread. The men who had enticed them from their homes could not
be found. The negroes, like a flock of frightened sheep, ran hither and thither
trying to learn where the Canaan they had been promised was situated, and
what Moses could be found to pay their railroad fares into the promised land.

The citizens were sorely taxed to prevent the innocents from dying of cold
and starvation. Proclamations were issued by the mayors, and an attempt to
stop the exodus was made. Many of the negroes who were provided with
funds returned to their homes. Others were given assistance to return. The
stories told of their treatment dissuaded many of their friends from emigrating,
but it was found impossible to entirely stop the tide. The radical press of the

372 THE NEGRO EXODUS.

North encouraged the exodus. It represented the negro as a martyr, denied the
natural rights of man, defrauded, oppressed and discriminated against in* the
race of life, liberty and happiness, followed by bloodhounds, hunted with shot-
guns and outraged beyond description. In strange contrast with this bloody-
shirt howl were heard the voices of the white people of the South urging the
negro to remain at home, warning him of the dangers and trials to be undergone
in emigrating to an unknown land in a different clime.

REPUBLICAN LEADERS SEEK TO TURN THE EXODUS TO ACCOUNT.

The Republicans in Congress also encouraged the exodus. The leaders, of
the party were in the secret of the trick which had for its sole purpose the ma-
nipulation of the negro vote in the states where Republican supremacy was endan-
gered. On the 16th of January, 1879, Mr. Windom introduced in the Senate
the following resolution :

Resolved, That with a view to the peaceful adjustment of all questions relating to suffrage, to
the effective enforcement of constitutional and natural rights, and to the promotion of the best
Interests of the whole country, by the elimination of sectionalism from politics, a committee of
seven Senators be appointed by the chair, and charged with the duty of inquiring as to the expe-
diency and practicability of encouraging and promoting by all just and proper methods the partial
migration of colored persons from the states and Congressional districts where they are not allowed
to freely and peacefully exercise and enjoy their constitutional rights as American citizens into
such states as may desire to receive them and will protect them in said rights, or into such ter-
ritory or territories of the United States as may be provided for their use and occupaiion ; and if
said committee shall deem such migration expedient and practicable that they repi)rt by bill or
otherwise what in their judgment is the most effective method of accomplishing that object ;
and that said committee have leave to sit during the recess.

In February following Mr. Windom made a speech on this resolution, in

which, after flaunting the bloody shirt, he said :

If it should cost a few millions to provide the territory for them, who would weigh that fact in
the balance against a solution of the most perplexing and dangerous problem thac menaces our
future as a nation, the performance of partial but tardy justice to a race, and the permanent pacifi.
cation of the country ?

Again, he said:

Let it be understood that such a place is ready for them, and the bishops and ministers of their
various churches will head the exodus to the promised land with songs of praise and devout
thanksgiving to God for this mighty deliverance. Do you say they are too poor to pay the
expenses of the proposed journey ? Doubtless the great majority are so, but the enterprising, the
intelligent, and the ambitious will find some means of getting there ; aild should any difficulty
occur at this point, the patriotism and philanthropy of the people maybe confidently relied upon
to organize and provide the needed funds.

Mr. Windom struck the key-note of the Republican campaign with the negro
in the words above quoted. Aid societies to assist the negro to emigrate were
organized, and contributions were taken up in the churches to help on the cam-
paign work. These societies were first formed in Washmgton and St. Louis. A
few months afterwards the exodus took a new direction, and the Republican con-
spiracy was then unmasked. " On to Indiana " was the watchword whispered into
the' ears of the negro by the agents of the Republican party. Senator Voorhees,
in his speech in the Senate on the 4th of June, 1880, said :

I shall not dwell on the well known and well proven fact that ae early as the autumn of 1878
Republican newspapers in Indiana, edited by Republican Federal officials, were openly and system-
atically engaged m encouraging negroes to come and settle in that state, avowedly for political
ends. A Democratic state ticket had just been elected by 13,000 majority, a Democratic legisla-
ture by a majority still larger, and the camp of the Republican party was desolate, its colors were
in the dust, its haughty pride was broken, and it cried out piteously for the negro to come, and to
come in large numbers, to its aid. Passionate appeals were made editorially, and circulars were
printed of tne most enticing character for distribution in the South. The Banner, a very promin-
ent Republican paper, published at Greencastle, Indiana, and edited by Mr. Langsdale, the post-
master at that large and important town, appears to have been selected to do most of this work,
while the whole Republican press of the state and all the leaders of that party stood by either in
silent or outspoken approval of its course. Not a whisper had been heard from the negroes them-
selves on this subject up to that time. The thought of emigrating in large bodies from their homes
in the South had not until then occurred to them. But in se<^king the oriein of the negro exodus I
am not confined to the Republican papers and postmasters of Indiana. Inhere is high authority in
this body for the assertion that it was conceived in tho brain of a Northern white man, and not in
that of a Southern black man.

THE NEGRO EXODUS. 373

THE MOVEMENT ON INDIANA

was begun simultaneously from Virginia and North Carolina and from Kansas.
Agents were sent into the states first mentioned to start the exodus there, and the
negroes who had previously been started into Kansas were solicited to leave that
solidly Republican state and swell the army that was expected to make Indiana
Republican. The object of the exodus was so apparent, the suffering^ which the
negro would be forced to undergo to gratify the political ambition of the Repub-
lican leaders were so evident, that the Senate passed the following resolution,
introduced by Mr. Voorhees, on the 15th of December, 1879 :

Whereas, large numbers of negroes from the Southern states, and especially from the state
of North Carolina, are emigrating to the Northern states, and especially to the state of Indiana ;
and

Whereas, it is currently alleged that they are induced to do so by the unjust and cruel conduct
of their white fellow-citizens towards them in the South : Therefore,

Be it Resolved, That a committee of five members of this body be appointed by its presiding
officer, whose duty it shall be to investigate the causes which have led to the aforesaid emigration,
and to report the same to the Senate ; and said committee shall have power to send for persons
an J papers, compel the attendance of witnesses, and to sit at any time.

The testimony taken by this committee showed beyond peradventure that the
negro exodus was a well-organized political scheme to vote Southern negroes in
certain close Western states where Democratic success would be fatal to Republi-
can national supremacy. In this scheme the negro was to be used as a mere tool,
regardless of his own well-being or the future of himself and his family. Wit-
nesses from all of the states whence negroes had migrated, the agents of the
movement, organizers of aid societies and colored men who had participated in
the exodus in any manner were examined.

O. S. B. Wall, a colored resident of Washington, who helped to organize the
National Emigrant Aid Society, testified that three of these societies were organized
in Indiana, one at Green Castle, another at Indianapolis and a third at Terre
Haute. These organizations were of a secret character and their object was to
transport pauper negroes from the South into Indiana.

A SPECIMEN AGITATOR FOR THE EXODUS.

One of the most conspicuous of the negro agitators was Gen. S. W. Conway.
This person has lived on the proceeds of his efforts to benefit the colored race for
nearly twenty years. He first appears as a commissioner of the unfragrant Freed-
man's Bureau for Louisiana and Alabama. When that swindling concern evap-
orated he became Superintendent of Education for Louisiana, an office which he
filled as long as the carpet-baggers were permitted to plunder and rule that unfor-
tunate state. Since 1878 he has been identified with the "interests" of the
colored people in one way or another, always managing to keep well fed, well
clad and never entirely without money. In less than one month after Mr. Win-
dom's speech was printed Conway appeared in Washington for consultation with
the Republican leaders in regard to the exodus. The late Zach Chandler, Chairman
of the National Committee, took Conway to his bosom, encouraged him to work
up the exodus and said that the funds necessary to carry out the scheme would
be raised. Six months before the negroes began to arrive in Indiana Conway
went to Indianapolis and there prepared the programme of the exodus with the
Republican leaders of that state. He talked with John C. New, Chairman of the
Republican State Central Committee, E. B. Martindale, P&stmaster Holloway and
others. They conversed together about the prospects of carrying Indiana for the
Republicans, and the idea of importmg negroes for that purpose was approved.
After fixing matteis in Indianapolis Conway went to St. Louis and Kansas City
and was partially successful in diverting the tide of immigration from Kansas to

374 THE XEGRO EXODUS.

Indiana. He then returned to Indianapolis to report the result of his labors.
The scheme was concocted with careful deliberation, and it received the approval
of the principal politicians in the Republican party, national and state. Mr. Con-
way in his testimony before the investigating committee admitted it. Being ex-
amined by Mr. Windom, he said ;

Q. Do you know of any effort to colonize any state with nepro voters ? A. There has beeu
some talk about it, and I have been trying to help carry Indiana by their aid.

Q. What have you done in that direction ? A. I encouraged as many of them to go there as I
could; first, because I believed they could get good wages, and, second, to help out the Republican,
cause and raise the negro to a higher civilization. I think he is a good Republican and agood loyal
citizen, and should be allowed to vote; therefore, I have not liked the idea to exclude pontics from
the exodus. I think the negro ought to go where he can do the most good for himself and the Re-
publican party.

Q. Hasn't it been something of a failure rather— your trying to get them to go to Indiana ? A.
Yes, sir- I think so. I have oeen desirous to see a good many of them go in there. I wanted to
see the Democrats beaten, and I wanted the negroes to go in there and help do it.

Q. How many voters do j'ou suppose have gone in there ? A. If all haa gone whom I advised
to go there would have been fifteen or twenty thousand.

THE CONSPIRACY TO CARRY INDIANA PROVED.

The existence of the conspiracy was proven out of the mouth of its chief agent,
a Republican witness, examined by a Republican Senator. The infamous plot to
subvert the will of the people of Indiana by the importation of pauper negroes wa»
fully proven. That the plot failed was not due to the unscrupulous zeal of its
Republican authors. Employees of the reform administration of R. B. Hayes as-
sisted in the nefarious task of colonizing Republican voters in Indiana. H. W.
Mendenhall, of Wayne Co., Indiana, a government clerk in Washington, was a
member of the original immigrant society. He made a speech to the society advis-
ing the importation of negroes to Indiana for political purposes. He corresponded
with Colonel Dudley, U. S. marshal of Indiana, who wanted the negroes to come
into Indiana but wisely preferred that the exodus should not be known as a Re-
publican movement.

After Conway had finished his persuasive labors in Kansas, the tide of immigrants
from North Carolina began to flow. They came by hundreds on almost every
train from the South, filling the air with complaints of their poverty at home,
and indulging in the wildest anticipations of the paradise they were to enter in
the Hoosier state. These immigrants were composed of the lowest and most
impecunious class of negroes in North Carolina. They had been furnished
with transportation by the agents of the conspiracy. Many of them
were destitute of food, a majority were insufficiently clad and not
a few had been provided with tickets which were good to Washington only.
They had been taken away from their homes and were left to the charity of the
public for means to complete the journey. Hundreds of them remained in
Washington for days at a time waiting for the emigrant aid society to raise funds
to carry them on to Indiana. It was well known that the negroes must endure
great suffering after their arrival in Indiana. The people of that state, regard-
less of party, had never desired the presence of a large pauper negro population
among them. There was no demand in Indiana for their labor, and no prospect
that they would better their financial or social condition by the change.

The people of North Carolina had treated the negro with kindness. His con-
dition there had steadily improved since emancipation, and the exodus from
that state would never have occurred but for the false promises of Republican
emissaries and the lying tales printed in exodus circulars.

Another proof of the fact that the exodus was caused by Republican politicians
is afforded by the testimony of Wm. B. Tinney, passenger agent of the Bal-
timore and Ohio Railroad at Indianapolis. A party of emigrants were stranded

THE NEGRO EXODUS. 375

in Washington for lack of money to pay tlieir railroad fares. Mr. Koontz, the .
agent of the road at Washington, telegraphed Mr. Tinney to call upon three
prominent Republican politicians in Indianapolis and obtain $G25 to pay the
transportation bill. Mr. Tinney obeyed instructions. The money was promptly
given him and the delayed emigrants were immediately sent on to the Iloosier
state. Every circumstance indicates that this money was raised by the Repub-
lican State Central Committee.

The evidence taken by the committee showed conclusively that the negroes
Avere not wanted in Indiana. Every witness except Republican office-holders and
politicians testified, that, to use the words of Mr, Voorhees, "such an influx
would be the abomination of the people of the state; that the supply of laborers
was far greater than the demand, and hael been for many years, especially since
1873; that the negroes already importeel there had fallen upon hard lines, many
of them not employed at all, objects of daily charity, and others obtaining a pre-
carious subsistence from temporary and uncertain engagements."

THE PROSPEROUS CONDITION OF NEGROES IN NORTH CAROLINA.

The committee also investigated tlie condition of the negro in North Carolina,
tand ascertained by a line of unbroken and uncontradicted testimony that there
is not a single right or privilege belonging to any citizen of the United States
that is not enjoyed by the colored residents of North Carolina.

Charles N. Otey, an educated colored native of North Carolina, testified before
the committee. His evidence is so strongly in contrast with the statements
of Radical politicians concerning tlie position of the negro in that state that an
extract is given. He said :

In North Carolina the most kindly relations exist between the white and colored people. At
the last celebration of the day of the emancipation proclamation the whites, all of whom had
•owned slaves, paid three-fourths of tl-e expenses neces?ary for makiner it a success. They not
•only did this in Raleigh, but in other places where the day was celebrated^

The colored people as a mass are more intelligent than in any other state in the South. They
always had more opportunities for acquiring an education. There are at least five schools in the
i*tate where they can get a scholastic education, and almost every town has a graded school.

They have what no other state in the South possesses— an asylum for the deaf, dumb and blind.
A Democratic legislature has appropriated money for the erection of an insane asylum; at pres-
■ent the colored insane are in the white asylum, than which there is no finer in this country.

The free schojls are open for all, and colored teachers are always employed iu preference to
A'hites.

There are numbers of colored lawyers who have made a name at the bar; doctors who have
successful practice; farmers who own their farms and carry their own cotton to market. Why,
Raleigh, a city of about thirteen thousand inhabitants, half of whose population is colored, has
grown within the past five years to such extent that I could scarcely recognize my native city.
There are more colored people who own their own houses than there are in the city of Washington.
Their beautiful cottages are to be seen everywhere.

As I beheld this sight I said to myself, why does not the emigration begin at Washington ?

In one word I say that the cause of the exodus from North Carolina can be found in the purses
of the men who furnished ^erry and Williams with the means.

In my opinion the time will come when those who have encouraged this movement will repent
in sackcloth and ashes.

In my humble judgment, in December, 1880, many colored men who are now feasting on the
lamb in Indiana will be begging for money to pay their way back to old North Carolina.

Mr. O'Hara, the Republican candidate for Congress in the last election, testi-
fied before the committee. He said :

I do not know of any state in the American Union where there is a better feeling between the
white and colored people than in North Carolina. It is a very usual thing to see, on the day of
election, the landlord and the tenant, the employer and the employee going to town in the same
buggy and voting different ways. I have even wondered why it was that the employer could in-
fluence his tenant or employee on every other subject except voting. I think I ought to say with
regard to Captain Wall's testimony, as it will all come before the House iu due time, that in my de-
feat, or rather my being counted out, the Republicans had more to do with it than the Democrats,
-and I Srty that the colored Republicans of the South have more to fear from the white Republicans
than the Democrats. And there is always a combination between the white Republicans against
any intelligent colored Re, ublican who seeks to asp. re to oflice.

THE SAD STORIES THE EMIGRATING NEGROES TOLD.

The committee did not listen alone to the statements of those emigrants who
had settled in Indiana. They heard the stories of dozens of deluded colored
people who had learned by bitter experience that the exodus was a fraud and a

376' THE NEGRO EX<5dUS.

cheat, originated to benefit the Republican party at the expense of the negro.
Old colored men, hungry and footsore in their efforts to return to the comfort-
able homes which they had left in the Southern states, related their experiences.

The statements made by Mingo, Simmons, Green, RufRn and others of their
treatment in Indiana almost paralleled the tales which the Radical newspapers
used to unfold day after day during the campaign of 1876. Ruffin, after suffering
in the land of his adoption, concluded to return to the land of his birth. He an-
nounced his determination to go.

" Did any of them advise you to stay ?" asked a committeee man. "Yes, sir," was the reply.
" Tiiey said, tliey did not blame you emigrants for wanting to go home, but said, you try and stay
until after the presidential election and then we think it best for you to go home ; and I said, all
right, and I went on my way and come here."

Ruffin also testified that he was induced to go to Indiana by a general promise

made to the colored men that they should »

receive $15 a month on a farm, house to live in, firewood furnished and a cow and a calf to milk
extra for each family.

The first object of the politicians who organized the exodus was undoubtedly
to revive sectional agitation and bitterness by the circulation of untruthful stories
about Soutliern outrages, whippings and bulldozing. The idea of colonizing
Indiana was born almost simultaneously with the execution of the plan for
moving the negroes into Kansas. Agencies were established at Topeka and at
St. Louis, which dealt largely in the manufacture of campaign stories of the out-
rage type.

A CONSERVATIVE SOUTHERN VIEW.

Senator Lamar, of Mississippi, made a speech in the Senate on the 14th of June,
in which he discussed the question of the exodus from a conservative Southern
point of view. The evidence taken by the committee had convinced him that
the exodus was planned by Republican politicians for political purposes. There
was nothing in the condition of the states from which the emigration proceeded
to drive labor from the pursuits in which it was actively and profitably engaged,
and nothing in the condition of the states to which the emigration proceeded to
call for such an influx of labor. Mr. Lamar said that if the negro believed it to
be for his best interests to leave the South he would bid him go. If they were
deluded, the delusion would soon be exposed. He said that the planters of Mis-
sissippi, even while he was speaking, were in communication with laborers ^n
Kansas and Indiana, looking upon them as more accessible sources of supply than
the laborers of Georgia and Alabama. In a single sentence Mr. Lamar gave the
true history of the exodus. He said :

It was a movement concocted outside of the South, having no connection with the wants of
labor or tlie demands of capital, but set on foot for the purpose, in part, to obtaining partisan
ascendancy in a northern state ; in part to diminish the basis of representation in the South in the
approaching census ; and lastly, to renew the agitation of " Southern outrages ' in the coming
presidential election."

He went on to say, that for every black man who left the South the planters
would have a white immigrant from the North, better skilled in labor and more
advanced in intelligence and more political experience. His speech was a most
emphatic refutation of the oft-repeated charge, that the South is the home of
disorder, outrage and lawlessness. From the labor statistics of the government
he showed that in Mississippi, a population of 581,206 above the age of ten years
was reported, of which number 318,850 were employed in bread-getting, while
in Minnesota, the state which the sensational exodus agitator, Mr. Windom, repre-
sents, only 132,657 out of a population of 305,568 (Census 1870), were employed
in bread-getting. The occupation of such a proportion of the citizens of Missis-
sippi in peaceful labor was incompatible with a condition of lawlessness and
disorder.

HOW THE POOR FBEEDMEN WERE SWINDLED. 37t

HOW THE POOR FREEDMEN WERE
SWINDLED.

THE WICKEDEST AND MEANEST OF ALL THE FRAUDS THE REPUBLICAN PARTY

IS RESPONSIBLE FOR.

They would pillage the palace of the King of Kings,
Ana strip the gilding from an angd's wings ;
Cheat the living, rob the dead.
And deprive the orphan of his crust of bread.

The wickedest and meanest swindle which the Republican party is responsible
for was that practiced upon the ignorant and helpless f reedmen. The Freedmen's
Savings Bank was intended by the majority of its first board of trustees to be a
worthy institution. The conception was a good one. Philanthropists lent their
names and their influence to it, and men like Chas. Sumner, Peter Cooper, William
Cullen Bryant, A. A . Low, ^. B. Chittenden, John Jay and Gerritt Smith were
among its trustees. Under these excellent auspices it was ushered into existence.
Its sponsors were men of character, but its originators were the most cunning,
the most unscrupulous, and the most influential leaders of the Republican party.
The men who governed and mismanaged the bank after its organization, and who
robbed the trusting f reedmen of their hard-earned savings, were hidden behind
this cloud of philanthropists, and the cowardly scheme for plundering the igno-
rant colored people was matured before Mr. Sumner was induced to introduce the
bill which gave the men, with whom Gen. Garfield was involved in at least one
corrupt transaction, the power to carry out their design. Sneak thieves are brave
men compared with the crowd of politicians who robbed the Freedmen's Savings
and Trust Company.

ORIGIN OF THE BANK.

The f reedmen who first, in any numbers, earned more money than was sufficient
to meet their daily wants, were those \vho enlisted in the Federal armies. The
institution which has done so much injury to the race is the outgrowth of a couple
of savings banks started by Generals Butler and Saxton at Beaufort, S. C, and
Norfolk, Va. They were simply for the colored troops, but it began to be indi-
cated by the deposits made in them that the race, or a large part of it, was inclined
to be thrifty. Deposits accumulated to such an extent that the shrewd, calcu-
lating spirits in Washington saw their opportunity. They lived on plunder, and
here was an undreamed-of hoard in the labor of freed negroes on which they
might fatten.

Some mysterious person, presumably one of those who afterwards became one
of the managers of the bank, drew a bill in the winter of 1864-5 chartering the

3T8 HOW THE POOR FREEDMEX WERE SWINDLED.

institution. It was a bill giving the concern the ordinary powers of a savings
bank. Ostensibly the bill was to induce the freedman to save his money and to
educate him to habits of thrift. A gloss of cliarity was spread over every page,
and its purpose recommended it to the kind friend of the negro, Charles Sumner
who introduced it into the Senate on the 17th of February, 18G5.

The following taken from the speech of Hon, William S, Stenger of Pennsyl-
vania is the precise truth concerning the origin of the bank :

Thoy [freedmen] were entirely unfitted to make safe and remunerative investments of their
money. Here was a proposition to render tliem necessary asr-istance, by providing them a deposi-
tory where their funds could be received and invested for their benefit in the stocks, bonds, treas-
ury notes or otlier securities of the United States. It was a h)fty and laudable purpose. It was
calculated to encourage the freedman to the exercise of industry, so that lie might make money,
and to tlie ))riicLice of frugality, so that he might husband his resources and thus provide for the
wants of him«elf and family a^'ainst the coming of oM agi', sickness, and death. And with tiii*
purpose Mr Sumner could n"t out feci the heartiest sympathy. In the slioit debate in the Senarc-
on the bill, he characterized it as a simple charity. He ingrafted in it an amendment requ riug iho
officers of the bank lo give security. But it never occurred to him that it was necessary to inspect,,
line by line, a hill thiit li.id been iilacod in his hands by men known as the |)n)fessed, zeah.us friends-
of the freedmen. He never dreamed that there might be a i)redeterminati(»n on the part of these
men to abuse the great trust then about to be placed in their hands. Had such a thought occurred
to him, 1 do not doubt that additional restrictions would have been imposed, and some very impor-
tant provisions added.

Bur, sir, devilish cunning and ingenuity played their part, and played it well, in framing this act
of incorporation. There were men who saw in this project a golden opportunity to make money
for themselves.

The bank was marked by evil from its birth. Bad men conceived it, and hid-
den away in the bill which Mr. Sumner introduced were tlie opportunities for the
iniquities which ultimately brought ruin on the best of the negro race, and sent
them back, dispirited and hopeless, into the poverty from which they had hoped
to escape. No sooner was the bill before Congress than a lobby was gathered in
its interest. It was a lobby of bad men, who had much influence with the Re*pub-
lican party.

THE WORK OF THE LOTBBY,

When the bill was introduced, the powers conferred by it as to extension were
unlimited. The managers might setup branches of the bank anywhere within
the United States. The attempt was made to pass the bill through the Senate
without reading, but Mr. Buckalew called attention to the fact and said :

I have read the bill; it is in proper form, snd the only question is whether we ought to establish
such an institution outside the District of Columbia.

After a short colloquy. Senator Powell of Kentucky said :

I find by the reading of that bill that it is a roving kind of commission for these persons to es-
tablish a savings bank in any part of the United States. I think the bill is wholly unconstitu-
libnal. I do not believe Congress has any right to establish a savings bank outside oiF the District
of Columbia,

Mr. Sumner thereupon agreed that the bill might be amended so that the bank
should be confined to the District of Columbia. This amendment was adopted by
the Senate, so that the bill passed by that branch of Congress confined the bank to
the District of Columbia.

The lobby seems to have followed the bill to the engrossing clerk's office, for it
was not engrossed as it passed the Senate, Some one was interested in securing
the roving commission of which Senator Powell spoke, and had power and influ-
ence enough to manipulate and change the bill while it was in the hands of the
clerks of the Senate. At any rate, when the bill reached the House the amenda-
tory words were not in it.

The following colloquy took place in the House on this subject:

Mr. Ganson: I would ask where this bank or association is to be located?

Mr. Eliot: In Washington City.

Mr. Ganson: It is not so stated in the bill.

Mr. Eliot: That is an error. Then I ask unanimous consent to insert after the words "body
corporate " the words " in Washington City, District of Columbia."

HOW THE POOR FREEDMEX WERE SWINDLED. 379

No objection was made and the amendment was adopted.

Mr. Ganson: I think there should be among the corporators the name of some person in this
District.

Mr. Eliot: 1 move to amend by inserting the name of Salmon P. Chase among the trustees.
No objection was made and the amendment was accordingly agreed to.

The lobby was as potent in the House as in the Senate. The bill was sent back
to the Senate in precisely the same form as it had gone to the House from that
body. There was no allusion made to the amendments in the message from the
House ; there were no amendments in the body of the bill, which was signed by the
Vice-President and Speaker of the House.

THE BILL, THEREFORE, BORE ALL THE INDICATIONS OF FRAUD.

At the outset it was evident that dishonest people were eager for its passage,
and that they had been able to call to their assistance the committees on enrolled
bills and employees of both Houses of Congress.

Mr. Stenger said concerning the fraud that marked the passage of the bill :

"Again, this charter, as originnlly framed, contemplated the widest possible stretch of territory
for the operations of the company. ]t did not mean to be hemmed in by any sort of inconvenient
limitations. Its missionaries were to be commis^sioned to go into all the States of the Union,
and, while proclaiming themselves as the. deliverers of the bondmen and leaching the latter " to toil
and to save," to gather in their little savings, so that the Ring might have immense sums upon
which to speculate and grow rich. *********

The history of the legislation is interesting, not only as showing the extent of the powers conferred
upon the corporation, as understood by the Senate and House, but also as showing a juggle or
trick by which the charter was illegally procured, and the freedmen deprived of the services and
protection of one of their warmest and staunchest friends. It shows that the act was conceived in
fraud and brought forth iniquity.

FR.\UD IN THE ORGANIZATION.

The motive for surreptitiously striking out the amendments confining the bank
to the District of Columbia were soon seen. The first act of the company was
to establish the bank or principal otHcc at New York. This went even beyond
the charter as it passed, after its manipulation by the conspirators. The organi-
zation of the company was effected May 16, 1865. A branch bank was establish-
ed in Washington, August 1st, and during the year other offices were established
at Louisville, Ky., Richmond, Va., Nashville, Tcnn., Wilmington, N. C, Hunts-
ville, Ala., Memphis, Tenn., Mobille, Ala., and Vicksburg, Miss. During the
course of its history other branches were established at Beaufort, S. C, Jack-
sonville, Fla., Baltimore, Aid., Alexandria, Va., Natchez, Miss., Newbern and
Raleigh, N. C, St. Louis, Shreveport, La., Columbia, Ga., Lynchburg, Va.,
Macon, Ga.. Lexington, Ky., Little Rock, Ark., Atlanta, Ga., New Orleans,
Norfolk, Va., Tallahassee, Fla., Philadelphia, Augusta and Savannah, Ga., and
Montgomery', Ala. These were intended to be feeders to the central concern, but
they were simply aids to the plunder of the freedmen.

The politicians and conspirators soon got possession of the institution. The
only man among the original trustees whose name is smirched by his connection
with the bank is James W. Alvord. It is unfortunate that the Bruce committee,
in its recent investigation, did not secure the testimony of this man concerning
the manner in which the charter wiw manipulated during its passage from one
House to the other. He did appear before the committee, but begged off because
he was then on his way to Colorado to advance to his two boys some " means"
with which to engage in speculations. That was the last of him so far as the
committee was concerned. How much of the ' * means " he was about to advance
he had gleaned from the toiling negroes of the South, he never explained.

This man was evidently the

ADVANCE PICKET OF THE ARMY OF PECULATORS,

for whose introduction into the management of the bank a way had been care-
fully prepared in the charter. The number of the trustees was fifty, and it was

380 HOW THE POOR FREEDMEN WERE SWINDLED.

provided in the bill that if a trustee failed to attend a meeting of the board for
six months his place should be considered vacant, and a vote of any ten trustees
could fill the vacancy. James W. Alvord was an excellent man to take advan-
tage of this provision. The trustees had faith in him. He was corresponding
secretary of the bank, then vice-president and finally president. He was a pro-
fessional philanthropist, a kind of man who goes about doing good — for pay. He
had always been a friend of the negro, and had been connected with the Freed-
men's Bureau at different times as inspector of schools and finances, and again as
superintendent of schools. He claims to have been the originator of the bank.
Its management was left largely in his hands from the first, and, taking advan-
tage of the confidence reposed in him, he proceeded to carry out the original de-
sign of the institution. As soon as vacancies occurred in the board he secured
the election of the men, then the bright particular stars of the Republican party
in Washington, the future captains of hosts during the Grant administration and
members of the District Ring

The proper kind of persons for his trustees being secured, the charter gave the
power of the board into the hands of a quorum of nine, and, more astonishing
still, only seven votes were required to make " any orders for, or authorizing the
investment of, any moneys, or the sale or transfer of any stock or securities be-
longing to the corporation, or the appointment of any officer receiving any salary
therefrom '

i

THE LAW WAS FRAMED TO FACILITATE THE FORMATION OF A RING,

By another regulation the control of the assets of the institution was given into

the hands of even a smaller number of men, A finance committee of five trustees

was appointed

To exercise a general supervision and control of all the funds, securities and property of the
company— to direct as to the temporary deposit or loan of funds, and as to the investment thereof.

Three of this committee constituted a quorum, and these three, during the
years of the mismanagement of the bank, were three notorious members of the
District of Columbia Ring, men with whom Gen. Garfield had intimate personal
and political relations, and for his influence with whom he once received a bribe
of $5,000, They were Henry D. Cooke, atone time governor of the District, and
brother of Jay Cooke, W. S. Huntington, and Lewis Clephane. It was through
these men and J. W. Alvord that the swindling operations were conducted.
Huntington was cashier of the First National Bank of Washington, of which
Cooke was president, and was connected with the Metropolitan Paving Company,
Clephane was a member of the " District Ring" in a general way, and president
of the Metropolitan Paving Company. With these three of the finance committee
were associated Le Roy Tuttle and J. M. Brodhead, but they left everything to
the " quorum. " Tuttle was Assistant Treasurer and Brodhead Second Comptroller
of the Treasury Department. Their duties seem to have been confined to ratify-
ing anything done by their associates. They very seldom attended any of the
meetings of the finance committee, and when one of the three was absent, the
other two acted and took their decision to one of these faithless treasury officials
for ratification.

Everything being prepared for the business of fraud, the managers went to
work to secure deposits. The first and chief recommendation in the eyes of the
negro was the name of Abraham Lincoln, signed to the charter of the bank. This
was taken advantage of by the Ring. At first a newspaper was published for
Southern distribution, and circulars sent out assuring the negroes that the man

HOW THE POOR FREEDMEN WERE SWINDLED. 381

whose memory they cherished as their emancipator approved and fostered the
institution. The announcement was :

The whole institution is under the charge of Congress, and received the commendation and
countenance of the President, Abraham Lincoln; one of the last acts of his valued life was the
signing of the bill, which gave legal existence to this bank.

The intention was to deceive the negroes by making them believe that the bank
was under the care of the government. This is further borne out by the fact
that there was printed in the pass-book issued by the bank the following:

The government of the United States has made this bank perfectly safe.

This was as bald a case of lying as can be found.

THE EVIDENCE OP ANSON M. SPERRY

on this point will be found interesting. He was continuously in the service of

the bank during its existence.

Q. Do you know whether at Vicksburg, or any other branch, the inducement was held out to
depositors to deposit in that bank because it was a government institution ? A. I think it was.

<ci. Tliat inducement was made to induce persons to deposit; that it was a government iusftiution,

fovernment was bound to the dep
think that that foolish polic:
Q. Did They not represent that the deposits made by individuals would be guaranteed by the gov-

and that the government was bound to the depositors ? A. Yes; I cannot say especially at Vicks-
burg, though I think that that foolish policy was adopted there.

emment of the United States? A. I think they did, but I will qualify ray answer by saying that
am not certain as to Vicksburg, though I think so; but of this I am certain, that you will find on
many of the pass-books of the New 5fork branch these words, in English, French and German:
" The government of the United States has made this bank perfectly safe."

In this way the confidence of the negro was gained. Gen. O. O. Howard, then
head of the Freedman's Bureau, organized simultaneously with the bank, added
his certificate, as follows :

I consider the Preedmen's Savings and Trust Company to be greatly needed by the colored
people, and have well earned it as an auxiliary to the Freedman's Bureau.

O O. HOWARD, Major-General.

The Bruce committee, appointed last winter by the Senate to further investi-
gate the bank, finds that the bank was well managed till 1868. It was in that
year that the conspirators obtained full possession, and elected Alvord president.
They were storing up material for plunder, however, during these three years.
Tracts touching on the beauties of frugality wejre distributed. Some of these
were in poetry, of which the following is a fair specimen:

•"Tis little by little the bee fills his cell,
And little by little a man sinks a well;
'Tis little by little a bird builds her nest,
By little a forest in verdure is drest.

'Tis little by little great volumes are made;
E^ little mountains or levels are made;
'Tis little by little an ocean is filled,
And little by little a city we build.

'Tis little by little an ant gets her store;
Every little we add to a little makes more;
Step by step we walk miles, and we sew

stitch by stitch;
Word by word we read books, cent by

cent we grow rich.

These artifices proved successful. The negroes deposited their little earnings
in the branch banks of the south, being told that they could draw them out at
any time. This was another deception, for the money was sent to the central
bank at Washington, whither it was removed in 1867. Deposits came in rapidly.
During the first ten months of its orginization

THE BANK RECEIVED DEPOSITS

amounting to $305,167. For the year ending March 1, 1867, the deposits were
11,624,853.33; for 1868, $3,582,378.36; for 1869, $7,247,798.63; for 1870, $12,605,-
781.95; and for 1871, $19,952,647.36. When the bank was forced into liquida-
tion in 1874 the total deposits had reached $56,000,000; the amount paid out

382 HOW THE POOR FREEDMEN WERE SWINDLED.

was $53,000,000, leaving a balance of $3,000,000 due depositors, and of this $2,-
1)02,033.55 was due colored persons. The following payments on this have been
made by the commissioners in 1874 appointed to wind up the affairs of the bank:
November 1st, 1875, a dividend of twenty per cent, was declared. Of this about
$44,000 remains still unpaid. A second dividend of ten per cent, was declared
March 20th, 1878. About $40,000 of this remains unpaid. The commissioners
have on hand about half enough cash for another ten per cent, dividend, and a
bill has been introduced in Congress authorizing the sale of the real estate of the
bank in order that a final dividend of fifty per cent, may be paid.

SHAMELESS FKAUDS ON THE NEGRO.

Mr. Stenger, speaking of the losses by the negroes, said:

But these losses, important as they may seem (the losses at the branch banks), are utterly insig-
nificant compared with those sustained by reason of the irregularities and frauds practiced in the
principal office at Washington. Here it was that men intent on plunder found and tilled the richest
field. I venture the assertion that the history of all the banks in America does not disclose a rec-
ord of such shameless disregard of law and wanton violation of rights as does the history of the
principal office of the Freedman's Savings and Trust Company. Here, in the American Congress,
I arraign at the bar of public opinion the men who have heartlessly speculated upon, misused,
squandered and sunk the hard earnings of a helpless race of people, whom they were hypocriti-
cally pretending to befriend. And I cannot but think it strange that successive Congresses, cer-

tainly large majorities of those who claim to be the only true friends of the colored people, should not
have taken sufficient interest in their welfare, and watched the operations of those in charge of this
company, so as to have prevented this terrible abuse of a sacred trust, and consequent shameful

have taken sufficient interest in their welfare, and watched the operations of those in charge of this

id trust, and consequ
plunder'of the freedmeni The charter provided that the books of the corporation shall at all times

during the hours of business be open for inspection and examination to such persons as Congres
shall designate or appoint; but no such persons were appointed. This failure on the part of these
pretended guardians to exercise the necessary vigilance for the thorough protection of these
people is in the highest degree reprehensible. But when it is taken into account that thp legisla-
tion enacted by Congress helped to facilitate the swindling operations of the ring, words are power-
less to express the enormity of their conduct.

Thus it will be seen, by the neglect of the first board of trustees to act, the
worst members of the District Ring got control of the bank, and by the influence
they had over Congress a legislation was procured which gave opportunity for
the methods of swindling which remain to be narrated.

The leading members of the Ring appear to have been H. D. Cooke, William
8. Huntington, Lewis Clephane, the three members of the finance committee who,
strangely enough, were the three who alone always had time to attend its meet-
ings, and who invariably constituted the quorum for the transaction of business;
D. L. Eaton and Geo. W. Stickney, the two actuaries. These were the "pals" in-
side the bank. The outside "pals" were Alexander R. Shepherd, Hallet Kil-
bourn, John O. Evans, J. V. W. Vanderburg, and some others.

The following paragraphs are submitted as illustrations of how shamelessly long-
■established banking and business principles were disregarded; how all sense of
responsibility and sacred trust was sunk in the mire; how individual honesty, per-
sonal honor, and official duty were swallowed up in the greed for gain; how
professional philanthropists proved to be as

WHITENED SEPULCHRES.

Henry D. Cooke was president of the First National Bank of Washington ; he
was a member of the firm of Jay Cooke & Co., the financial agents of the gov-
ernment, and he was president of the finance committee of the Freedmen's
Bank. William S. Huntington was cashier of the same National Bank. Among
the first business transactions of the "quorum" of which these two men made
the majority, was the making of the First National Bank the depository of the funds
of the Freedmen's Bank. This made it convenient for the National Bank to act
as the agent of the savings bank in making its investments. Consequently,
Messrs. Cooke and Huntington, acting for the Freedmen's Bank, negotiated with
themselves, as ofificers of the National Bank, for the purchase of the United States

HOW THE POOR FREEDMEN WERE SWINDLED. 383^^

securities in which the law directed that the funds of the savings bank should
be invested. They thus secured some large commissions for the National Bank.
This was not illegal, perhaps, but it was certainly contrary to the spirit of the
charter and the purposes of the institution.

After Alvord became president, in 1868, the "quorum" had full swing. The
Cookes had on hand large "blocks " of Union and Central Pacific Railroad bonds,
and were looking about for a market. The Freedmen's Bank presented an op-
portunity for an easy swindle, for Henry D. Cook was an adept at negotiating-
with himself. He made excellent bargains to buy of himself, but his prices were
high when he sold to himself as member of the finance committee, or rather of
the " quorum."

How to do it was the question ; how to overcome the difllculties of the statute-
creating the savings bank; how to accomplish what the law prohibited. It was
the first time that the attempt had been mnd; to commit such a flagrant violation
of the law, and the conspirators hesitated. There was no need of hesitation, how-
ever, as they afterwards discovered, for they had behind them a pliant majority in
Congress, willing to wink at all the iniquities that these saints of the Republican
church could commit. A meeting of the finance committee was called, and the
" quorum," Messrs. Cooke, Huntington and Clephane, pondered over the pro-
vision of the charter which directed that the funds of the bank should be invested
"in the stocks, bonds, treasury notes and other securities of the United States."
The board of trustees had left this question to be answered by these worthies, the-
chief of whom had everything to make by answering it in the affirmative, and
everything to lose by saying " no,"

Are Pacific Railroad bonds a security contemplated by the charter?

Mark the cunning of the answer.

Pacific Railroad bonds are not a security contemplated in the charter, but the government bonds
issued to the company are within the meaning of the law.

In a short time afterwards investments were made in the government bonds of the
Union and Central Pacific Railroads. Henry D. Cooke, with an eye always in
the main chance, made the purchases through his own firm, Jay Cooke & Co.,
and again the " simple charity " over which he had such large control was made
the means of lining his purse with commissions.

The following is a list ot the purchases of bonds following the decision just
referred to :

February 17th, 1869, Union Pacific $100,000 | June 8th, 1868, Union Pacific $15,000

April 30th, 1869. Union Pacific 200,000 June 23d, 1868, Central Pacific 40,000

May 4th, 1869, Union Pacific 50,000 I October 8th, 1868, Central Pacific .... 300,000

This shows a total investment of $705,000 in Pacific Railroad bonds within a

year.

THE FIELD FOR SWINDLING ENLARGED.

The bank thus entered upon a new field of investment. No great harm would

have come of it had the field not been still further enlarged. B-it the Cookes

and the " Ring" men had demonstrated their power and the weakness of their

opponents, and they saw their opportunity and proceeded to profit by it. It was

the first step away from and against the law — the first step in the direction of

permitting the "quorum " to manage the affairs of the bank according to their

own discretion and in opposition to the law, which soon entirely ceased to

govern them. The next inroad in the charter was the construction by lh«

" quorum " of the sixth section of tlue charter. That section was as follows:

And be it further enacted, that it shall be the duty of the trustees of the corporation to invest, at
soon as practicable, in the securities named in the next preceding section, all sums received by

384 HOW THE POOR FREEDMEN WERE SWINDLED.

them beyond an available fund, not exceeding one-third of the total amount of deposits with the
corporation, at the discretion of the trustees, which available funds may be kept by the trustees to
ineet current "payments of the cmjmralion, and may, by them, be left an deposit, at interest or other-'
wise, or in such available form as the trustees may direct.

Th*^ object of this section was plain enough. The bank was to have on haml
always a sum not too large, " not exceeding one-third of the total amount of de-
posits," with which to meet the current expenses. It was to be in cash, to be
something that could be kept on deposit and subject to sight checks. It was to
be available, whether it drew interest or not. Availability was to be its charac-
teristic, the evident intention being that the bank should always have on hand a
sufficient sum to meet its expenses and the daily demands of its depositors. If the
trustees did invest any part of this third, as they might under the charter, they
must have invested it in the stocks, bonds, treasury-notes and other securities of
the United States. There was no other subject of investment pointed at by the
law to which the trustees were bound to conform.

At this time the charter did not permit loans on real estate. It is a pleasure to
record that in this instance Henry D. Cooke did not at first countenance the viola-
tion of the law which is now to be decided. He gave his construction of the
statute in writing, and the opinion was spread on the minutes of the company. It
is as follows:

My understanding of the clause is that it authorizes the leaving of a certain sum in deposit,
which deposit may draw interest or otherwise, but it must be always subject to check at sight;
and I think a careful reading of the clause will justify this interpretation.

MR. COGKE'S VIRTUE WAS SOON OVERCOME,

however, and at a meeting held at his banking house soon after this opinion was

written, the following entry was made on the minutes:

The question under consideration was the recommendation to the board of the right to loan,
under section 6, a portion of the idle funds now on deposit.

It was decided so to recommend. D. L. EATON, Actuary.

Then followed a most extraordinary scramble to throw away the hard earnings
of the freedmen in the most worthless securities. Some of these securities were
of a kind that no reputable banker would take, but they were such as are gener-
ally hawked about the street to be picked up, at exhorbitant rates of discount, by
the sharp-eyed gentry who do their business on the curbstones, or in underground
offices. In three weeks loans to the amount of $98,593.43 were made. Not a
single security, authorized by law, was taken by the finance committee in these
negotiations.

A NOTE AND VOUCHER-SHAVING BUSINESS.

In his testimony before the Bruce committee, Commissioner Creswell testified
that he found the " available fund" loans as " unavailable " as any in the posses-
sion of the institution, and Auditor G. W. Stickney testified as follows:

Q. What was this " available fund " business? A. It turned out to be very unavailable (laugh-
ing). It allowed that one-third the amount of the deposits should be invested by the trustees in any
"available fund."

Q. Yes; exactly. A. That was the decision of the finance committee that they had the author-
ity to do that.

Q. The bank discounted a good many pay-vouchers, government vouchers and vouchers of
the District of Columbia, belonj^ing to the clerks and employees of the government and of the
District, did it not? A. Yes, sir.

Q,. That was out of this " available fund," was it? A. Yes, sir.

Q. Can you state what rate was usually charged, or whether there was a uniform rate for dis-
counting tliese pay-vouchers? A. 1 think that in ihe District vouchers they used to charge one per
cent, per month; and for the clerks in the department I think it was generally one or two per cent.
—I forget now which— two per cent. I think it was, for a while.

Q. About how much of that kind of paper remained in the bank at the time of the failure?
A. About a thousand dollars or so of the clerk's vouchers.

The officers of the bank were then doing a note and voucher shaving business,

like a Chatham street pawnbroker, except that they had not half the shrewdness

that characterizes that thrifty race.

HOW THE rOOR FREEDMEN WERE SWINDLED. 385

Among the securities taken by the bank for these loans, which still remain
unpaid, and most of them, probably, uncollectabie, are certificates of the Auditor
of the Board of Public Works to pavement companies, bills against the District
government, promissory notes of individuals, indorsed and unindorsed, secured
and not secured ; loans without any collateral whatever, pay orders, life insur-
ance policies, shares of stock of worthless corporations, shares in the Washing-
ton Sunday Capital newspaper, deeds of trust of property in distant cities, orders
on the Board of Public Works of the District. District eight per cent, bonds, still
unpaid, and checks. There is still due on this account $24,352.24, the total loans
from the available fund amounting to $303,875.46.

HELPING ALONG NORTHERN PACIFIC.

Not long afterwards the available fund was used to help along the Northern
Pacific, this time with Henry D. Cooke's consent and at his instance, showing
that his former opinion was given largely for effect. The bank was made the
agent for the sale of Northern Pacific bonds in this way ; the bank to pay for the
bonds and sell them if it could, for which it was to receive a commission, and to
take the guarantee of Jay Cooke & Co. to buy them back within one year if not
sold. On the 7th of February, 1871, $50,000 of these bonds were bought for the
bank. After the transaction had been completed, and the bank was the absolute
owner of the bonds, the question was raised as to whether the bank had the
power to purchase them, i. e. , whether it possessed the power to do what it had
already done. It was a shrewdly played game, a game in which the leading con-
spirators enacted their parts very skillfully, pretending to do with great reluctance
what they had long ago made up their minds to do. The proposition seems to
have greatly excited the board of trustees, for on May 3d it passed a resolution
" doubting the expediency of investing $50,000 in these bonds." On May 9th
Mr. Cooke, pretending to have carefully examined into the subject, made a
special report on it. He thus expresses the judgment of the finance committee

The second resolution as to the investment of the company m the bonds of the Northern Pacific
Railway :

In investing its available funds, the actuary found this state of facts- On the 7th of February,
the day on which this purchase was made, the lowest-prlced six per cent. United States bona in
the market was the 5-20 coupon bond of 1865 or 1867. $1 09^. This bond of 109H pays ihe investor
5 4-10 per cent., so that the Northern Pacific Railroad bond at 100 pays 73 10 per cent., so that the
Northern Pacific Railroad bond is better by l 9 iUper cent.

Further, the actuary, witn the consent of the finance committee and the board [of trustees | in
full session, bought the bonds Jor sale, and the conditions were that we receive '6\^ per cent com
mission in cash, and 3^ per cent, in stoclc tor all bonds disposed of so that this company lealizes
actually in cash 5 4- 10 per cent, more than on. the best investment in government bonds; ano in ad
dition thereto, 3>^ per cent, in slock of the Northern Pacific Railroad Company lor an bonas sold.

Toe only question, ttierelore, is. are these bonds sate ♦ In answer to thib we show the written
truarantee of Messrs Jay Cooke & Co. to redeem them on demand at any time wiinin one year
from date of purchase, at same rates we gave for them.

It was these considerations of profit and of safety, abundant, as it seemed to the committee,
which led to the investment in question, and they are stiii ot force in iheir minds As to ihe other
statements of the resolution, touching the character of the bona itseli namely, that the road is but
begun, and may not tor years be able to pay any interest out o\ us earnings, we would respectfully
state that the [N P. R. R.l company has already six hundred miies of road in operation; that
nearly three hundred miles of track have been laid during the three hundred days wnich have
elapsed since the commencement of work Hpon the road; that the company is endowed by govern-
ment with a grant of land amounting to over fifty millions of acres, worth, at government rates,
over $150,000,000 from the sale of which ample provision is made lor the payment of ihe mierest
and [the] principal of the bonds, in addition to the security given by the road, its equipments, and
all the property and franchise of the company.

Thus, for the third time, did Henry D. Cooke manage the Freedmen's Savings

and Trust Company, and make use of the money of the negroes, lately m slavery,

for the purpose of lining his own purse. He was directly interested in the sale

to the bank of these Northern Pacific Railway bonds, and he and his firm made

money from it. When the head of the " quorum " is found to be such a man, its

decision concerning the use of the " available fund," and the manner in which it

invested in worthless, and wildcat securities will not be wondered at.

■386 HOW THE POOR FREEDMETST WERE SWINDLED.

THE DOOR FOR STEALING WAS OPENED WIDER

in 1870 by tlie passage of an amendment to the charter. The Republican major-
ity in Congress was not satisfied with the stealing their rascals in the District
Ring and in charade of the freedmen's banks had accomplished. They thought
they ought to have more latitude; that they should not be confined in their invest-
ments to the "stocks, bonds, treasury notes and other securities of the United
States." Grant was in power, and the "boys" who had formerly been known
only as the heads of the District government, were now potent with the national
administration.

It is interesting to note, in passing, that these same ' ' boys, " now somewhat
older, who made the District Ring and the Grant administration odious by their
connection with them, and who went to Chicago to help nominate Grant because
of what he did for them in the old days of the "Ring," are about the only Grant
anen who are pleased with Garfield's nomination. They like Garfield "because
he is a friend of the District" — friendship to the District meaning, with them,
4}i€ cherishing of the contractors at the expense of the taxpayers. This is especi-
:ally significant, in view .. : the DeGolyer charge against Gen. Garfield.

The amend ating act, among other things, authorized the board of trustees to
invest the funds of the bank " to the extent of one-half in bonds or notes, se-
cured by mortgage in real estate in double the value of the loan."

March 21, 1870, Mr. Cook, an ex-reverend scoundrel, who was the subservient
tool of Huntington and Shepherd, and served them well a year later in the pas-
•sageof the act creating the District Ring government, introduced a bill to amend
the chlarter of the Freedmen's Saving and Trust Company. In April Cook re-
ported from the Committee on the District of Columbia a substitute to his bill,
Tvhich authorized the bank to loan money on real estate. This substitute was
forthwith passed without a word of discussion, without a single inquiry or
suggestion. There was not even a formal vote. The Speaker asked the ques-
tion : "Is there objection?" There was none; he declared the bill passed.

In this way the money of thefreedmen was placed at the disposal of the man-
mgers of the bank and their outside "pals," who, in the language of the thieving
fraternity, were working everything in the district for all it was worth. The
thousand and one schemes of public improvement and private speculation that
Ijrought ruin to those engaged in them, brought also ruin to thousands of helpless
and confiding negroes, trusting in those whom they looked upon as their deliv-
erers from slavery only to be deceived and robbed by them.

THE "SENECA SANDSTONE COMPANY."

It was this notorious swindle that reaped the first benefit from the new act.
Within twelve days after the passage, Henry D. Cooke and W. T. Huntington
made a loan on the second mortgage bonds of the Maryland Mining and Manu-
facturing Company, better known as the Seneca Sandstone Company. Hunting-
ton and Cooke were both stockholders of the company, and thus directly violated
the twelfth section of the charter, which provided that

No president, vice-president, trustee, officer or steward of the corporation shall, directly or indi-
rectly, borrow the funds of the corporation or its deposit.s, or in any manner use the same except
to pay necessary expenses under the direction of the board of trustees.

This company was organized upon an investment made by Henry D. Cooke,
Henry H, Dodge and John L. Kidwell, in a tract of land containing six hundred
acres, situated in Montgomery county, Maryland. The purchase price was
$70,000, and the cost of the improvements made upon it was $50,000. The land
contained quarries of Seneca sandstone, and a charter was procured from the
i^ate of Maryland. Five thousand shares of stock were issued of the par " value
of $100 The following is a list of the original stockholders of the Maryland
Freestone Mining and Manufacturing Company:

HOW THE POOR FREEDMEN WERE SWINDLED.

387

DATES.

No. Of Cer-
tificates.

No. of
Shares.

NAMES.

1
2
3
4
5
6

I

10

930 1

734 (
930 1
733 f
930*

735 f

2/

3r

U H. it.

Henry D. Cooke

« « i<

John L. Kidwell

« (( <t

<( t< t<

t< t( (C

Henry H. Dodge

.( (( it

J, Heath Dodge

(( (( <(

(( (( <(

11 «( 44

Thomas Anderson

Total 5,000

The original stockholders made it their husiness to secure the names of leading
men in Washington, both in civil and military and naval circles, as shareholders
in this company. The object was to fill Washington full of public and private
buildings built of Seneca sandstone.

The following is a list of the stockholders as they appear at present, and as they
were transferred by Messrs. Cooke, Kidwell and Dodge. It will be seen from this
how successful were these gentlemen in placing their stock where it would do the
most good :

LIST O? STOCKHOLDERS AS THEY AT PRESENT APPEAR UPON THE BOOKS, AND AS
THEY WERE TRANSFERRED BY MESSRS. COOKE, KIDWELL AND DODGE, SUBSE-
QUENTLY.

Date. Names and Shares.

Date, Names and Shares.

Nov. 22, 1867, B. B. French 200

Nov. 22, 1867. William H. Seward 200

Nov. 22, 1867, U. S. Grant 200

Nov. 22, 1867, J. K. Barnes 200

Nov. 22, 1867, Caleb Cushine 200

Jan. 21, 1870, U. S. Gkant (div'd) 120

Jan. 21, 1870, Caleb Ciishing (div'd) 120

Jan. 21, 1870, B. B. French (div'd) 120

Jan. 21, 1870, E. B. Washburne (div'd) 120

Jan. 21, 1870, R. J. Dobbins 240

Jan. 21, 1870, W. S. Huntington 60

Jan. 17, 1H68, E. Washburne 100

May .5, 1868, E. B. Washbnrne lOO

May 2, 1868. R. J. Dobbins 200

March 1, 1870. R. J. Dobbins 40

Oct. 20, 1869, F. T. Dent (div'd) 100

April 30, 1870, F. T. Dent (div'd) 40

Oct. 20, 1868. Mrs. H. L. Dent (div'd) 100

April 30, 1870, Mrs. H. L. Dent (div'd) 40

Dec. 3, 1868, W. 8. Huntington 100

Feb. 28, 1870. Caleb Cushinir 3.5

April 14, 1874. J. K. Barnes CO

Jan. 2. 1869. W. B. Love : 3

Jan. 21, 1870, Wm. B. Love 1.8

Jan. 2. 1869. C. H. Hayden 30

Jan. 21, 1870, C.H. Hayden..." 21

Feb. 17, 1869, J. A. Wills 100

Jan. 21, 1870. J. A. Wills 60

Jan. 25, 1869. W. B. Boggs 100

Jan. 21, 1870. W. B. Bosgs 60 •

June 25, 1869. J. L. Kidwell 544

Oct. 31, 1869. J. L. Kidwell 2

April 14, 1S74, J. L. Kidwell 217.6

July 13, 18(J9. E. D. Townsend 50

Jan. 21, 1870. E. D. Townsend 30

July 13, 1869, Robert Williams 150

Jan. 21, 1810, Robert Williams 90

Jan. 21, 1870, H. R. Hubbard 120

June 2, 1870. H. R. Hubbard 100

June 2. 1870, H. R. Hubbard 100

Feb. 2, 1870. H. D. Cooke 468

Sept. 27. 1870. T1. D. Cooke 235

Aprill.5, 1871. H. D. Cooke 80

Jan. 20. 1873, H. D. Cooke 160

Mav 20, 1873, H. D. Cooke 46

Aug. 27. 1873, H. D. Cooke 100

Jan. 2. 1874. H. D. Cooke 2

Feb. 28, 1870. J. C. Kennedy 75

March 1. 1870, J. C. Kennedy eo

Feb. 2, 1872, J. C. Kennedy 25

Feb. 2, 1872, J. C. Kennedy 20

Feb. 2, 1872, J. C. Kennedy 20

Feb. 2, 1872, J. C. Kennedy .., 10

March 9. 1870. Joseph L. Savage 80

March 30. 1870, Mrs. M. W. Lynde 40

Aug. 18, 1870, Wyman Crow and Ed. C.

Cushman 160

Dec. 1, 1870, H. A. Risley 150

Dec. 19, 1870, Thomas B. Bryan 320

March 12, 1872, Thomas B. Bryan 40

March 24, 1871, J. W. Pilling 10

March 24, 1871, J. W. Pilling 10

March 24, 1871 , J. W. Pilling 10

March 24, 1871, James C. Pilling 10

April 12, 1871, Mrs. Chr. L. Burnett 160

April 12, 1871 , N. W. Burchell 10

April 13, 1871, Lewis Johnson & Co 50

July 22, 1871, Riley A. Shinn 100

Dec. 12, 1871, Charles A. Nichols 50

March 12, 1872, Mrs. Maria V. Brown 125

March 12, 1872, R. T. Merrick 2

March 12, 1872, W. F. Mattingly 2

March 15, 1872, W. G. Metzeroit & Co. . . . 2

March 22, 1872, Watkins Addison 5

March 22, 1872, Watkins Addison 5

March 22, 1872, Charles E. Mix 5

March22. 1872, R. P. Dodge 8

March 28, 1872, J. V. N. Huyk 1

Dec. 21, 1872, J. V. N. Huyk 2

April 3, 1872, Evan Hughes 2

Nov. 13, 1872. Evan Hughes 12

May 9, 1873, Evan Hughes 14

Dec. 19, 1872, A. H. Seward 80

Dec. 19, 1872, F. H. Seward 80

Dec. 19, 1872, William H. Seward 80

Dec. 19, 1872, Olive Risly Seward 80

Jan. 6, 1873. Francis Dodge 9.5

Jau. 20, 1873, George Peter 4

May 9, 1873. Huyk & Addison 12

Aug. 22, 1873. J."^H. Cochrane 80

Aug, 22, 1873, Enoch Totten 50

Aug. 22, 1873. Enoch Totten ... 50

April 14, 1874, F.. W.Jones 10

May 26, 1874, Edwin .'M. Seme (trust estate

of Jay Cook & Co.) 400

April 14, 1874, J. W. Alvord. 10

Nov. 10, 1874, W. V. Brown, Jr 4

388 HOW THE POOR FREEDMEN WERE SWINDLED.

HOW GRANT GOT IN — HOW THE FREEDMEN'S MONEY WENT.

It will be seen from this list that these gentlemen obtained subscriptions for
the stock from several influential people. The President of the United States
was a member of the Goodby Company, and the ex-Secretary of State, the Sur-
geon and Adjutant-General of the Army, and a host of others more or less intim-
ately connected with the administration. Whether they were all in the same
boat with Gen. Grant or not is not known. Although he permitted this swindling
company to advertise that he had invested $20,000 in its stock, he had not paid a
single cent. To quote from a report made by the correspondence of the New
York Journal of Commerce:

Your correspondent has authority that can be relied on for the statement that Gen. Grant
never invested a dollar in the stock of the Seneca Sandstone Company, although his name ap-
peared in the list of stockholders, and he voted by proxy in business meetings. Henry D. Cooke
went to Gen. Grant and asked him to subscribe to the stock of the company. The general replied
that he had not at that time any money he could spare for the investment. Mr. Cooke then re-
quested the privilege of carrying 320 shares of stock for him. The request was granted. And that
is how the late President of the United States came to own $32,000 of Seneca Sandstone stock.

The first loan by the bank to this concern was made in the face of a resolution

passed by the board of trustees as follows :

Resolved, That the company ought not to loan its funds upon mining and manufacturing stocks;
or bonds; and that the loan of that nature now existing ought to be called in as soon as it may be.

Again, as in the case of the purchase of the Northern Pacific bonds, Henry D.
Cooke was ready with his report, which was as follows :

First resolution: The Committee beg leave to state respectfully that with the general proposi-
tion in this resolution they are in full accord. This case is, however, exceptional. First (m that)
the Maryland Mining and Manufacturing Company is a well-known and solvent company, estab-
lished and doing business in this city; its business is profitable; it is earning dividends, audita
stocks and bonds are both well-known and have ready sale in this market; that it has real estate
to the amount of six hundred acres of land, the farm thus constituted being one of the most pro-
ductive and profitable in the state of Maryland.

The machinery and buildings in use as their works have cost over $200,000, and the latter would
sell for three-fourths of its original cost for use in any other quarry, even if it [they] were no longer
needed for this: that the fifty-seven thousand dollars' worth of bonds of this company, which are
held as collateral for this loan of the Freedmen's Savings and Trust Company ($-27,00(J), are really
a first-mortgage bond, secured upon all this real estate and other property; that the whole issue of
bonds is not equal to more than one-third [of] the value of the property, and therefore the loan
itself comes fully within the stipulation of the charter of the bank, to wit; a loan on real estate to
the extent of one-half the value thereof; or, even if this were not true, the loan comes fully and
abundantly within the resolution unanimously adopted by the board May 12, 1870, touching the
" available fund," that it shall be loaned "only on collateral of government or railway bonds, or
other securities of a marketable value of at least 10 per cent, more than the loan. The marketable
value of the bond held here as collateral is at least double the loan. * * * Further, the
quarry of this company is furnishing the stone from which the banking-house of this savings com-
pany is erecting. It employs constantly about three hundred colored men in its works and in this
city, and it is in these respects an institution kindred with the bank; their interests are mutual.
Those who from week to week and month to month watch over and strive to direct the best use of
the freedmen's money in the bank are those who also afford them this field of valuable and profit-
able labor."

All thi s was untrue.

July 25th, 1870, the bank bought of the company |20,000 of its first mort-
gage bonds at 90 cents, when they could not be sold on the street for 50 cents;
not a dividend had been paid by the company since its organization in 1867, ex-
cept in watered stock.

The following is the statement of George W. Stickney, actuary, concerning all
the transactions of the bank with this company :

ACTUARY STICKNEY'S STATEMENT.

Washington, D. C, Nov. 6, 1873.
J. M. Langston, Esq., Chairman Special Committee :

At your request I would make the following statement as to transactions had by this company
with the Maryland Mining and Manufacturing Company and with Messrs. Kilboum & Evans:

First. As shown by the books of the company, May 18, 1870, $4,000 were loaned to said Mary-
land Freestone and Mining Conipany, secured by $J0,000 of their second mortgage bonds.

Second. July 25, 1870, the Freedmen's Savings and Trust Company bought of said Maryland
Freestone and Mining Company $20,000 of their first mortgage bonds at ninety, with the verbal
understanding that the company would take said bonds back from the bank at par after two years.

HOW THE POOR FEEEDMEN WERE SWINDLED. 389

Third. July 17, 1871, a further loan was made of the Freedmen's Savings and Trust Companv
liy said mining company of $27,000, secured by $49,000 second mortgage bonds of the same as col-
lateral. This statement shows that up to January 2, 1872, the bank held of second mortgage bonds
of the Maryland Mining and Manufacturing.Company $59,000, and $20,000 of the first mortgage.

Fourth. On January 2, 1872, as shown by the books, the transactions as between the bank and
said company were settled, said company at that date being in debt to the Freedmen's Savings and
Trust Company for cash loaned.

First. Loan of May 18, 1870 $4,000 00

Second. Loan of July 25, 1870, being^ amount paid for twenty first mortgage

bonds 18,000 00

Third. Loan of July 17, 1871 27,000 00

Fourth. Interest due on above loans December 30, 1871 2,785 73

Total due Freedmen's Savings and Trust Company $51,785 73

At this date, according to the books of this company, a transaction covering this whole matter
was had with Messrs. Kilbourn & Evans, whereby their notes were given for $50,000, payable six
months after date and secured as follows, namely : Twenty-four shares American Dredging Com-
pany, Philadelphia, Penn., $2,400; seventy-five shares Metropolitan Paving Company stock,
100 par value, $7,500; one thousand shares market-house stock, M par value, $50,000; forty shares
National Metropolitan Life Insurance Company, $2,000; one hundred and fifty bonds Maryland
Mining and Manufacturing Company, $509 each, $75,000; and payment by the Maryland Freestone
Mining and Manufacturing Company of $1,785.73 on account of interest. This payment was
made by check on the First National Bank, signed by C. W. Hayden. treasurer.

G. W. STICKNEY, Actuary.

CHEATING THE BANK OUT OF $20,000.

The next transaction was to cheat the bank out of the $20,000 of first mort-
gage bonds held by it. This was done by means of a substitution and colorable
loan to Hallet, Kilbourn and John O. Evans. Ostensibly this transaction was for
another and no lesa culpable purpose. The Seneca Sandstone Company was
always a suspected corporation, and the public, and especially that portion of it
interested in the fortunes of the freedmen, began to clamor about the connection
of the bank with it. The newspapers had grown suspicious, and an investigation
of the concern began to be demanded. To quiet the apprehensions of those
whose money was at stake and the clamors of the press, a disreputable agreement
was resorted to for the purpose of deceiving the public. The transaction with
the Sandstone Company became a business arrangement with Messrs. Evans &
Kilbourn, and the following agreement was entered into:

HOW IT WAS DONE.

OrpiCE OF THE Commissioners of the Freedmen's Savings and Trust Company, )

Washington, D. C, December 30, 1873. f
The Freedmcns Savings and Trust Company have this day made a loan to John O. Evans and
Hallett Kilbourn of $50,000, upon the following-described securities as collateral to their note :
$2,400 stock American Dredging Company, Philadelphia ; $2,000 Metropolitan Insurance Company
stock, Washington, District of Columbia ; $75,000 Maryland Freestone Manufacturing and Mining
Company 6 per cent, gold bonds, Montgomery county, Maryland; $7,500 Metropolitan Paving
Company stock, Washmgton, District of Columbia ; $50,000 Washington Market House stock,
Washington, District of Columbia. Said note is payable eix months after date, with 10 per cent,
interest ; a^ 1 in case said Evans and Kilbourn's note ehall not be paid as it becomes due, then it is
fully agreed that the Freedmen's Savings and Trust Company shall keep the $75,000 bonds of the
Maryland Freestone Manufacturing ana Mining Company as full pajTnent of said note and interest,
and surrender to said Evans and Kilbourn ihe other securities above enumerated (save and except
the $75,000 bonds of the Maryland Freestone Manufacturing and Mining Company), together with
their note. D. L. EATON, Actuary.

Approved ;

L. CLEPHANE,

WM. S. HUNTINGTON,

L. R. TUTTLE,

Finance Committee.

In some mysterious way that it is difficult for honest men, unfamiliar with the
intricacies of fraudulent banking, to understand, the bank finally became pos-
sessed of fQ&.OOO of second mortgage bonds which are not worth a cent, and were
not at the time they were taken as security for the loan of $51,785.73, which,
with interest, now amounts to $90,000 or $100,000.

THE COMMISSIONERS APPOINTED WOULDN'T PROSECUTE THE ROGUES.

When the three commissioners were appointed to take charge of the business
•of winding up the affairs of the Freedmen's Bank, two were appointed for politi-

390 HOW THE POOR FREEDMEN WERE SWINDLED.

cal reasons— ex-Postmaster-General John A. J. Creswell and C. B. Purvis — and
and a third, R. H. T. Leipold, because he was a skilled accountant, then in the
employ of the Treasury Department. The manner in which the two politicians,
one of them Purvis, himself a colored man, treated the men who had swindled
the freedmen is shown by the following testimony, taken before the Bruce Com-
mittee, concerning the means ta"ken to recover the amounts lost by reason of the
swindling transactions with the Seneca Sandstone Company. Concerning this
Mr. Leipold testified as follows :

Mr. Leii)old : Well, I think it was finally developed 8ome time in 1875— the winter of 1875,1
think. This conversation took place some time in the winter of 1875-76. After having a consulta-
tion with Colonel Totten, I went back to the bank and wrote a note to the other commissioners,
which I have here. This is the original note that I wrote (producing the original). I see by the
date that there must be some mistake as to the time. This was written in the summer of 1876, in
July. (Reading :)

Office of the Commissioners of the Freedmen's Savings and Trust Company, }

Washington, D. C, July 21, 1876. j
To Messrs. Creswell and Purvis, Commissioners :

It having been shown, through some testimony taken in the suit against A. Langdon, that a num-
ber of deposit accounts were paid by the company after its suspension, June 29, 1874, especially one
ofSl-000 to R. W. Tompkins, Colonel Totten suggests that suits should be brought for the recovery
of all such moneys.

Colonel Totten also expresses it as his opinion that the trustees, and especially the members of
the finance committee who approved what is known as the secret agreement in the Seneca Stone
loan, can be held personally liable for the amount of said loan. Such being the case, it seems to-
me some definite action ought to be taken at once looking to a recovery of these moneys thus,
illegally paid out and invested.

I favor immediate action, and that the whole matter be turned over to Mr. Totten, with instruc-
tions to make a careful examination of the law bearing on these cases, and if he should find that th&
law sustains his opinion, he should be directed to proceed at once to the recovery of the several
amounts.

R. H. T. LEIPOLD, Commissioner.
This note is indorsed as follows :

This matter had best lie over until it can be presented to all the commissioners, Mr. Purvis being
now absent from Washington.
July 27, 1876. JOHN A. J. CRESWELL.

Also (in pencil memorandum) :
This paper was on Mr. Purvis' desk until April 15, 1879, and never acted on.

R. L.

LETTER ADVISING ACTION LAID OVER.

Mr. Leipold (resuming) : I put this communication, as I did every matter of importance in-
volving an exercise of discretion, on Mr. Purvis' desk. I did that on the 21st of July, 1876. On
the 27tn of July, 1876, Mr. Creswell indorsed this paper : "This matter had best lie over until it
can be presented to all the commissioners, Mr. Purvis being absent from Washington." This
paper then lay on Mr. Purvis' desk from that time until the 15th of April, 1879.

By Mr, Gordon: Q. And what was the year when it first laid there ?

A. In 1876. No action in writing was ever had on this subject by Commissioner. Purvis. The
matter was discussed between us as to the propriety of this thing, and Mr. Purvis was inclined to
apologize for the board of trustees, both in this case and in a great many other cases, so that no
united action could have been had against the board of trustees. In this connection, the Secretary
of the Treasury, Mr. Bristow, sent for me to bring over these original papers. I do not know
whether this wa's before or subsequent to this discussion of the matter. I took these papers to him:
he looked at them and said: " Is this ourMr. Tuttle?" Mr. Tuttle was then Assistant-Treasurer
of the United States. I said, "Yes." He seemed to be very much surprised at it, and expressed
himself to the effect that he could not have any such man in his department— a man who would
sign such an agreement as that. I had known Mr. Tuttle for a number of years, and did not believe
that Mr. Tuttle would affix his signature to such a paper, if he knew the contents of it, and I told
Mr. Bristow so. His reply was that no man had a right to put his name to a paper of that kind
without knowing what was in it. And the result was that Mr. Tuttle left the department. Mr.
Purvis has abused me once or twice In this case, because I have made known that thing— he taking
the ground that gratitude on my part to this man who had elected me as commissioner ought to
make me keep quiet on the subject. I do not know that that was exactly his language, but I know
that "gratitude " was the word he made use of, that " common gratitude to those men oughtto
have prevented me from prosecuting them," or words to that effect. Of course, no other action
has been taken as against the trustees in that matter.

WENT AFTER THE BANKRUPT COMPANY.

By Mr, Withers: Q. No action ? A. I was about to say that we did proceed to some extent I
presented the coupons of the Seneca Sandstone Company's bonds we had in the bank, had them

Erotested for non-payment, and then instructed the trustees to foreclose the mortgage. A bill was
led on behalf of the Freemen's Bank and other parties to have the property sold, and the property
Itself is now in litigation. That was all the action that was taken by the commissioners. I want
to say here, that in some conversations which took place last summer about the violation of the
charter by some of the trustees Mr. Purvis notified me that if I attempted to hold these men up
to the ridicule of the community, I would find that they would defend themselves; and I replied to

HOW THE POOR FREEDMEX WERE SWINDLED. 891

him— and I think it was in the presence of Mr. Cresvvell— that I had no fears on that score; that
whatever facts they knew they were welcome to bring out; I did not care anything about it.

By Mr. Garland: Q,. After you read that letter, you stated, I believe, that you had some consulta-
tions with the other commissioners from time to time? A. Yes.

Q. And you agreed upon no definite course of action? A. No sir, not as against the trustees.

Q. Well, you gave Mr. Totten or your attorney no instructions to bring suit? A. No, sir.

MR. CRESWELL's lame EXCUSES.

Mr. Creswell testified about his unwillingness to prosecute these dishonest
officials in the following unsatisfactory way:

Mr. Creswell: I do not remember.

The committee will observe that the finance committee had approved this transaction; it is signed
by L. Clephane, William S. Huntington and L. Tuttle. My opinion was, to recover against them
we would be obliged to show in court that they had proceded corruptly. I knew Mr. Tuttle by-
reputation; I had heard his statement about the transaction, and I did not believe that we couldi
succeed in fastening upon him any such imputation. Huntington was dead, and Mr. Clephane, H
believe, I did not know; I do not believe that I had ever met him more than casually; and that was-'
the reason why I hesitated in authorizing that proceeding. Of course, we could not reach Mr-
Huntington, he being dead, nor could we reach the others, except by showing improper and corrupt,
motives.

Mr. Leipold: The points in the case are somewhat different from those stated by Mr. Creswell. I
addressed a letter directing the trustees named in the mortgage to proceed to sell the property under
the mortgage covering the bonds.

By Mr. Garland : Q. A letter to whom ?

Mr. Leipold : A letter to Joseph T. Brown, who was trustee in the mortgage securing these-
bonds. And this Joseph T. Brown about the same time received another communication, from an
opposing interest, requiring him to proceed to the sale of the property under the first mortgage
bond ; and although our letter reached him first, he nevertheless proceeded under the first mortgage,
bond, and it was subsequent to that we were brought into the courts about it.

Adjourned to Thursday, January 22, 1880.

IT WAS ALWAYS THUS WITH THE RING ROGUES.

Thus it is that throughout, from first to last, from the time the loan was made
till now — the bank is wound up — the Seneca Sandstone Company has been a bur-
den on the Freedmen's Savings and Trust Company. The managers of the
Freedmen's Bank were closely connected with the District of Columbia Ring.
Cooke was governor of the District and chairman of the notorious Board of
Public Works, which was under the control of Alexander R. Shepherd ; George
W. Balloch, of the examining committee of the bank; William S. Huntington, of
the finance committee; Z. B. Richards, of the board of trustees, and D. L. Eaton,,
actuary — these men were all connected in some official way with the District
government. Huntington and Clephane, also of the finance committee, were
also connected with the Metropolitan Paving Company. The Board of Public
Works ran out of money and issued certificates, worthless unless Congress — with
whom the Ring was growing in disfavor, largely because the Republicans had
taken alarm at the rapidly-increasing strength of the Democrats — made appropri-
ations to pay them. On these certificates, perfectly worthless as securities, the
officers of the bank loaned the money of the freedmen.

D. L. Eaton, the actuary, was

BRIBED

with a half interest in a $100,000 sew^er pipe contract with a Ring contractor
named Vandenburgh, the transactions of whom, in connection with Shepherd
and others, brought ruin and hopelessness into the home and heart of many &
poor negro, his indebtedness to the bank standing at about $144,164.83.

Before going to the testimony concerning these public improvement swindles,,
which Gen. Garfield so signally aided as Chairman of the Committee of Appro-
priations, it will be well to note that the "available fund" was scattered and
wasted among such rotten securities as the Metropolitan Paving Company stock
(w^orthless). Northern Pacific Railroad stock. Young Men's Christian Association
stock (worthless.) This loan was secured by the Christian financier, Henry D.
Cooke, and the Christian soldier, General O. O. Howard, Seneca Sandstone-
Company bonds, shares of International Steamship Supply Company, Morrii^

302 HOW THE POOR FREEDMEX WERE SWINDLED.

Mining Company stock, chattel mortgages on the furniture of the Arlington and
St. James hotels, state bonds of Virginia, city bonds of Philadelphia, shares of
Washington building associations, mortgage bonds of the Chesapeake and Ohio
Railroad Company, shares of the American Seal Lock Company, state of Florida
bonds, Detroit Car Loan Company stock, Columbia railroad stock, bonds of the
First Congregational Church, Second National Bank stock, District of Columbia
■certificates, auditor's certificates, paving and curbstone tax, orders on the Board
of Public Works, orders on and acceptances of the treasurer of county schools,
life insurance policies, etc. As late as April, 1874, more than six months after
the failure of Jay Cooke & Co. , the bank made a loan and accepted as col-
lateral au assignment of a claim on that firm for $11,975.

HOW THE RING ROGUES GOT THE MONEY.

The following extracts from Auditor Stickney's testimony will show the
manner in which the District Ring managed its financial transaction with the
bank :

Q. Do you know of any loan at any time made to Vandenburgh on the personal assurance of
Alexander R. Shepherd that it would be paid in a day or two?

A. That loan was not made to Vandenburgh. I recollect the transaction you refer to. It occurred
in November, 1873. I was away at the time (simply for the Saturday). Governor Shepherd and
Colonel Magruder came to Mr. Alvord and goc the loan of $50,000 on a $30,000 check on the First
National Bank, drawn by J. A. Magruder, treasurer, and on a $20,000 certificate of the Board of
Public Works, to be paid out of the first moneys that the board received when the appropriation
was m;ide by Congress. I found out from Mr. Tuttle, the assistant treasurer, as soon as the check
was made for the amount of the appropriation, and the next morning, before the bank was opened,
I went to the First National Bank and deposited this $30,000 check, and got it placed to my credit
by Mr. Swayne. the cashier of the First National Bank. The $20,000 certificate ran along without
being paid until February or March, 1874. One day, as I was in the Metropolitan National Bank,
Mr. Moses Kelly said that the Board of Public Works wanted a loan of $3.5,000, and would give a 6
per cent, bond on the District of Columbia for it. Mr. Kelly was one of the finance committee at
the time, and he advised that the loan be made, saying that it was a good loan and the bonds were
good. The market price was then 85, and the bonds could be sold in any amount for that. I told
him I was not willing to make that loan, unless the $20,000 certificate was included in it, and bonds
-deposited enough to cover the $55,000. That was agretd to, and I made the loan of $35,000, and
took $65,000 in bonds to cover that loan and the $20,000 certificate, which made theamouni $55,000.
That ran along some time, something less than a month, when the whole amount was paid. Mr.
Vandenburgh had nothing: whatever to do with it, unless perhaps he got the money from the
Board of Public Works. The loan of $50,000 was made to Governor Shepherd by Mr. Alvord.

Q. What was the certificate worth at that time. A. None of the certificates or obligations of the
Board of Public Works were ever worth less than 85 or 90 up to that date. None of them brought
less than 80 or 85 until after the panic. That certificate was put into this new loan.

HOW SHEPHERD HELPED VANDENBURGH TO OTHER MEN's MONEY.

Q. Did you never say to C. B. Purvis, or to any other person, that you had done one wrong
thing, and that was allowing that money to be paid to Vandenburgh on the personal pledge of
Shepherd. A. No, sir; I have no recollection of that. I know where Dr. Purvis got that idea. In
November, 1872, Vandenburgh came to me and wanted some more money— five or six thousand
dollars— to pay his men. I told him that he was so much indebted to the bank that I did not feel
like letting him have any more money on the securities of the Board of Public Works, as other
people seemed to get their money and we could not. He said it was for Mr. Shepherd. I went to
Mr. Shepherd and he said, "If you allow Vandenburgh to have that amount of money now, you
shall have all that is due you paid up when we get the first appropriation; but if you let him have
any more, it will be your own lookout." I let him have about $5,000 on that occasion, and when
the appropriation was made I got $22,000 of him instead of some hundred and odd thousand, as was
promised: but as to any sum of $30,000, 1 know nothing about it.

Q. Did Mr. Shepherd agree that he would pay that money himself? A. No; he agreed that it
should be paid out of the first appropriation that the board got from Congress.

Q. And you got $22,000 instead of $100,000 ? A. Yes; there was due the bank from Vanden-
burgh and the Paving Company some $100,000, and we got about $22,000.

Q. You mean to say that when that loan of $5,000 was made, Mr. Shepherd said that you should
have the whole amount that had been loaned by the bank, which at that time was over $100,000?
A. Yes, sir.

Among the new facts brought out by Senator Bruce's committee was the fact
that the officers of the bank, especially Mr. Huntington, were in the habit of
loaning money to themselves in violation of the charter. Clephane also, another
member of the finance committee, was in the habit of breaking the law. He
testified before the Bruce committee that he and Hallet Kilbourn at one time bor-
rowed $2,000 on Metropolitan Paving Company's stock. All these loans and p,
number of others were made mainly on worthless securities, almost always on
securities not recognized by the bank's charter.

The notorious firm of Kilbourn «fe Latta, real estate brokers, was employed to
appraise the value of real property on which loans were solicited. Many of these
loans were secured by this firm as brokers, and the result was, as might have
been anticipated, the property was valued at about double its value, and it haa
been found impossible to realize the mortgage debts on much of it.

HOW THE POOR FREEDMEN WERE SWINDLED.

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HOW THE POOR FREEDMEN WERE SWINDLED. 395

THE ROUTINE BUSINESS

of the bank was managed as might have been expected of a gang of plunderers.
The clerks did as they would without supervision. The institution was not a
business concern ; it was a means for easy plundering ; its accounts were not
subject to scrutiny, and it made no manner of difference that the books were
incorrect. Incorrect charges were made and proper credits were not given. The
consequence was that the books furnish no reliable evidence against any debtor
of the bank.

The following from Mr. Sperry's testimony before the Bruce committee will
throw light on the manner in which the regular routine business of the bank was
managed : He testified that the employees were all inexperienced persons, mainly
young colored men to whom the managers of the bank ostentatiously gave the
preference, while robbing the rest of the race. Perhaps it was as well for their
schemes that those about them should be inexperienced and ignorant. With
such guardians it was easy to mutilate the books and to tear out leaves contain-
ing damaging stories.

Being asked what were his duties in connection with the Washington branch
of the bank, Mr. Sperry answered :

A. I was put in there at various times, if possible, to straighten out the accounts, to organize the
business, and I did my best to do so. I had various persons to help me. The blunders simply ran
over me; that is all there. is about it. I stopped the business once and opened a new set of nooks.
The new set of books was worse than the old set. I am reflecting on nobody, sir; I am simply
stating the facts.

Q. The blunders, you say, simply overwhelmed. you? A. Yes, sir; they just overwhelmed me.
Why, you could not settle the cash any night. Sometimes they were from five thousand dollars to
five cents one way, and sometimes they were t'other way. Everybody felt like going out and
having a special oyster supper if the thing came out 'even.

Q. It was an exception, you mean, to have it come out even? A. That is what I mean, sir. Put
the actuary on the stand and ask him if he don't remember those times.

Q. When the account of cash was over or under, what did the officers of the bank do about it?
A. Oh, they did the best they could— opened a debit and credit account with the branch, and profit
and loss on the books of the principal oftice. If the cash was "over" we took possession of it.
When it was short we made it up. We always waited for something to turn up.

Q. That is, you transferred from one side of the account to the other? A. That is to say, we
would start the teller right in the morning anyhow, and keep an account of the errors and omis-
sions that might occur from time to time. Things were continually coming up. " Overs " were
accounted for generally by some deposit turning up that had not been properly entered on the
deposit journal. Then these things were so numerous that they have furnished your experts
legitimate occupation for some months, I understand, and they have not yet got the profit and loss
account cleared up, I see.

With such management and such dishonesty, is it any wonder that this Re-
publican institution for the benefit of the freedmen met with disaster, and its
poor dupes with ruin? f

In 1874 the affairs of the bank were placed in the hands pf three commissioners.
Their acts have been investigated by a committee of which Senator B. K. Bruce,
of Mississippi, was chairman. He has made a long and patient investigation,
and the testimony taken before his committee corroborates the story as already
told in these pages. It does more, for it makes certain that even in its winding
up the Freedmen's Saving and Trust Company and its poor creditors were still
the victims of unscrupulous politicians. Both Purvis and Creswell paid no more
attention to the affairs of the concern than though they had never been employed
to look after the business at salaries of $3,000 per annum. Leipold alone did his
work.

The following is a statement of the extraordinary cost this commission has
been to the bank:

396

HOW THE POOR FREEDMEN WERE SWINDLED.

COST OF WINDING UP THE BANK.

Statement of the annual expenses attending the appointment of the Commission, and its management
of the business of the Freedmen's Savings and Trust Company.

Character of Expenditure8.

2S

Is

1875.

1876.

1877.

II

Totals.

$4,308 32
24,912 24

4,266 37
2,503 65
7,993 32

4,570 89

2,715 26
17,933 28
4,936 38

316 72

$9,000 00
17,046 91

4,539 17
7,306 74
1,238 00

6,279 89

9,675 37

14.387 90

572 26

1,511 09

$9,000 00 SQ.OOOOO

$8,250 00
7,289 76

1,106 47
4,18641

$39,558 32
64,229 57

11,761 09
31,378 82

Salaries of agents

Advertising, stationary, express-
age, postage and other ordinary
expenses

Attorneys' fees and costs

9,925 74

1,21717
10,362 99

5,054 92

63191
7,019 03

Rents

9,231 32

28,236 34

40,145 04
78,735 30
12,381 54

Expenses Incident to loans, insur-
ance, advertising, auctioneers'
fees, expenses of foreclosure, &c.

Expenses incident to the mainte-
nance of properties, insurance re-
pairs, fuel, gas, &c

Taxes and arrearages of taxes

Prior incumbrances

10,596 92

10,035 23

26,691 95

6,379 27

1,169 98

3,509 21

9,811 01

11,942 16

416 80

49 55

3,279 91

7,907 69

7,780 01
76 83

57 96

Miscellaneous expenses, premiums
on coin,over-paymenfs refunded,
judgments against company, &c.

3,096 30

Total annual expenditure

74,456 43

71,557 33

85,37025

47,434 59

39,935 04

318,753 64

The following statements of transactions, not heretofore fully narrated, are
taken from the report of the Bruce committee :

J. C. KENNEDY LOAN.

A loan vv^as made to J. C. Kennedy, March 27, 1872, for $12,000, on $20,000 second-mortgage
bonds of the Seneca Sandstone Company. This loan was made just after the questionable trans-
actions between the bank, the Seneca Stone Company, and Kilbourn and Evans, and made on the
same kind of worthless security. This loan has never been paid, and the question of settlement is
now pending in the courts on suit brought by the commissioners. The probabilities are that this
amount will be lost to the bank.

YANDENBURGH.

Another set of loans by which the bank will suffer heavy loss are those made to J. V. W. Van-
denburgh and the Abbott Paving Company, of which Vandenburgh was treasurer. Loans amount-
ing in the aggregate to $122,000 were made to Vandenburgh, the collateral for which consisted of
certificates ofthe Board of Public Works of the District of Columbia, and approved bills against the
District for work done improving streets, etc.

There is still due the bank from Vandenburgh about $77,000.

The Abbott Paving Company, of which Vandenburgh was treasurer, also obtained large sums
from the bank in the nature of loans, lor which the same class of securities were given as in the
Vandenburgh loans. The loans to the Abbott Paving Company aggregated $89,000, of which
about $48,000 have been paid. Jt is estimated that the loss to the bank in these two cases will reach
between $50,000 and $75,000.

The loans made to Vandenburgh and the Abbott Paving Company were made at various times
during the years 1870-'71-'72-'73 and '74.

EVANS LYONS LOAN.

The Loan of $34,000 to Evan Lj^ons, made on the 23d of July, 1872, has caused a loss of $25,000
to the bank. The collateral given consisted of 60 acres of land, known as the Lyons Mill Seat, in
Washington county. Lyons made four applications for loans of smaller amounts, offering in each
case the same collateral. Upon presentation of the application to the finance committee it was re-
peatedly rejected, and on the 8th of May, 1872, it was rejected absolutely. Yet on the 23d of July
following the same finance committee approved this loan to him for $34,000. The board of trustees,
at a meeting of Mav 16th, 1870, expressly forbid the making of anv loan for a longer period than
one year. When the bank closed in June, 1874, this loan remained unpaid, and when the affairs of
the bank were turned over to the present commissioners there was due from Lyons, including ac-
crued interest, the sum of $38,188.37.

The commissioners of the company subsequently sold the property under the deed of trust held
by the bank, and bought it for $40,000. They still hold the property, being unable to obtain a

f)urchaser for it at a price anywhere near the amount of indebtedness. It is estimated that the
OSS on this loan will amount to $25,000. Tliis statement of facts, taken from the books of the
company, was not satisfactorily explained by the testimony taken on.this point.

HOW THE POOR FREEDMEN WERE SWINDLED, 397

R. I. FLEMING LOANS.

The loans made to R. I. Fleming aggregated about $224,000. A balance is still due from Fleming
of $a5,026.98. The securities taken for the loans made to Fleming were often insufficient, consist-
ing mainly of approved bills against the District of Columbia, Young Men's Christian Association
stock, and collaterals of that character, and in some cases no security was taken. Fleming is now
bankrupt, and there is very little prospect of the Freedman's Savings and Trust Company ever rea-
lizing anything on his indebtedness. The estimated loss on the Fleming loans will aggregate
$32,000. The following named were members of finance committee and approved many of the
loans made to Fleming, viz. : Messrs. Kelly, Cooke, Huntington, Richards, Langston, Balloch,
Clephane and Tuttle.

JTJAN BOYLE LOANS.

The loans appearing in the name of Juan Boyle were made in direct violation of the charter.
The board of trustees had, by a yea-and-nay vote, closed the bank on the 29th of June, 1874. The
books show that $33,366.66 was loaned Boyle on the 30th of June, the day after. For one loan,
viz., i|4,366.66 no collateral whatever appears to have been taken, and for the other, viz., $29,000,
collateral utterly worthless was accepted, in direct violation of the amended charter, which pro-
vided that the collateral in all cases should be of double the value of the loan. In this case it
amounted to but $18,000, $10,000 of which turned out to be of no value whatever. The $10,000
note of Boyle, part of the security, Iwas secured by real estate upon which there existed a prior lien,
and the real estate in question was sold under this prior lien, thus leaving only the $8,000 of rail-
road bonds.

The estimated loss on the Boyle loans is $31,000, which includes interest, cost and expenses..
These loans were not approved by the finance committee or the board of trustees.

The result of the Bruce investigation was a bill introduced by Mr. Garland^
a Democratic Senator from Arkansas, repealing the act providing for the three
commissioners and turning the institution over to the Comptroller of the Cur-
rency, with power to sell the bank's property and institute civil and criminal pro-
ceedings against the men who robbed the freedmen.

398 TWELVE YEAKS OF FRAUD, PLUNDER AND PECULATION.

TWELYE YEARS OF FRAUD, PLUNDER
AND PECULATION-THE EMMA MINE.

A brief history of some of the peculations and corruptions which have charac-
terized the last twelve years of radical rule are gathered from the official records
of the government. One of these scented flowers in the bouquet of Civil Service
corruption is presented m the case of the "Emma Mine," showing how for the
first time in our history an American minister has used his official station to fleece
the people to whom he was sent as the representative of America.

THE EMMA MINE.

Jn 1871 Trenor W. Park and Henry H. Baxter, American citizens, purchased
9-16 interest in the Emma mine, situated in Utah, for which they paid $468,750,
or at the rate of $1,500,000 for the whole mine. The purchase was subject to a
litigated claim of James E. Lyon, of Wisconsin, for one-third. Lyon employed
Senator William M. Stewart as "his attorney.

The Emma mine was extensively worked up abroad. Fabulous stories were
circulated about the production of silver from its richly-laden veins. Extra-
ordinary efforts were made during the summer of 1871 to secure a large product
of ore, and the mine was exhausted in the effort. The ore was shipped to
England and sold, and the mining world was fully informed of the large yield
and extraordinary prices obtained. In September, Park, representing the owners
of the mine, and Stewart, representing Lyon, went to Europe to float their bauble
upon the English market. Albert Grant, the great European speculator, whose
star of prosperity was at its zenith at that time, agreed to put the mine upon
the market.

THE SCHEME CONCOCTED.

The contract with Grant provided that the property should be capitalized at
£1,000,000, or $4,500,000 more than the estimated value of the mine. One-half of
the property was to be offered to the public in £20 shares, and the other half to
be retained by the vendors for nine months, unless Grant & Co. should consent to
their sale at an earlier date. For "promoting" the company Gran* was to re-
ceive 20 per cent, on the sales. He was also to keep up the market by buying
the vendors' shares whenever it became necessary, at a premium. There was
one other and very important stipulation exacted by Grant in connection with
his job to bloat the mine. That was the association with the enterprise of Minis-
ter Schenck

HOW MR. SCHENCK CAME IN.

In November, 1871, Robert C, Sclienck was minister of the United States at
the Court of St. James. When Park and Stewart arrived m England they deter-

PLUNDER AND PECLUATION. 390

mined to secure his official influence. They treated him just as Oakes Ames did
Garfield in the Credit Mobilier transaction. Park proposed to Schenck that he
should become a subscriber in the company to the extent of 500 shares, par value
£10,000, with the understanding that he should not be required to pay any
money, but should have the amount for one year without interest. Park also
guaranteed that dividends should be paid on Gen. Schenck's stock at the rate of
1^ per cent, per month, or 18 per cent, per annum as long as he held it. The 25
shares were sold by Gen. Schenck to a lady residing in Paris as an act of friend-
ship for £500.

GENERAL SCHENCK RAISES THE BLIND.

As soon as the American minister had become interested in the company with-
out expending a dollar of his money, he consented readily to become a director.
A salary of $2,500 was paid to each of the directors. A prospectus was issued
containing a list of directors, among them the name of " Gen. Robert C. Schenck,
United States minister, London. " In the body of the prospectus was the follow-
ing paragraph :

" Major-Gen. Schenck, on account of the exceptional cha/racter of the undertaking,
has consented to act as one of the directors."

The prospectus contained a number of lies at the outset. It stated that the
profits for four months were £231,059, or at the rate of £700,000 per annum.
Dividends were paid for thirteen months at the rate of li per cent. Shares went
up to £32 and the owners quietly unloaded. In December, 1872, the scheme
exploded, and shares in the following May sold at £1 5s. Innocent investors vsuf-
fered great loss and distress. Hundreds of poor people, attracted by the indorse-
ment of the American minister, put their savings into the scheme and lost every-
thing.

GENERAL SCHENCK THROWS UP HIS HAND.

As soon as the fact of Schenck's connection with the mine became known in
the United States, the newspapers criticised his conduct severely, and Schenck,
like Garfield in a similar plight, began to squirm and prevaricate. He said he had
paid " dollar for dollar " for his shares, which was entirely false. Schenck then
retired from the directorship, but gave the scheme a parting puff in so doing. He
said: "I have the fullest confidence in the value and profitableness of the property
they have in charge."

In April, 1872, Schenck obtained 300 additional shares and sold them at a
profit of $10,000. Park n6tified Schenck by telegraph when the scheme would
burst, and Schenck immediately ordered 2,000 shares sold on Park's account, 500
on Woodhull's account (Woodhull was Secretary of Legation), 200 shares of his
475 investment shares.

After a full investigation of the transaction, the House committee passed the
following: Resolved, That this House condemns the action of Gen. Robert E.
Schenck, United States minister at the Court of St. James, in becoming a director
of the Emma Silver Mining Company of London, and his operations in connec-
tion with the shares of the said company, and the vendors thereof, as ill-advised,
unfortunate and incompatible with the duties of his official position."

This case (like the DeGolyer fee) finally came into court, and in London, on
the 29th of July, 1880, Sir George Jessel, Master of the Rolls, gave judgment
against Albert Grant in favor of the Emma Mining Company for £120,000, that,
sum being claimed by Grant as profit for floating the company. Sir George Jessel
held that Grant, by making a profit as promoter of the company, was guilty of
breach of trust.

THE WHISKY KING.

THE WHISKY RING.

A KEMARKABLE EPOCH OF OFFICIAL CORRUPTION.

Whisky Rings of greater or less magnitude have been in existence ever since
the tax was first imposed upon distiUed spirits. They flourished from 1863 to
to 1874, but it was not until Gen. Bristow, then Secretary of the Treasury, began
his fight against the violators of the law in Missouri and Illinois, and the ramifica-
tions of the conspiracy were found to extend into the White House, that public
attention was attracted to the enormity of their frauds. In 1863 the first tax was
imposed upon whisky.

THE INCIPIENT WHISKY RINGS.

The civil war was raging, and it became necessary for the government to increase
its revenues. There had previously been much talk about imposing a tax on
spirits, and shrewd speculators had bought immense quantities of whisky and
were holding it for the rise in price which would follow the imposition of the
tax. The Committee of Ways and Means recommended that a tax of twenty
cents per gallon be imposed upon domestic spirits. An attempt was made to
make this tax apply to spirits already manufactured. The whisky dealers
assembled at the capital by hundreds, begged and bribed members of Congress to
vote against the proposition, and it was defeated. The tax was levied only upon
spirits manufactured after the passage of the law. Millions were made by the
speculators within two years from the imposition of the first tax. An increase of
the duty was agitated ; the same tactics were repeated ; distilleries were enlarged
and the capacity of stills was increased. It is estimated that the speculators
had 35,000,000 gallons on hand, and were manufacturing hundreds of thousands of
gallons daily.

Of course, the high tax levied upon spirits was really a premium on fraud. If a
distiller could manage to make a few gallons per day of " crooked " whisky his
profits were enormous. The Ring was liberal in its expenditure of money. The
campaign expenses of members of Congress were paid by the distillers, and a
favorite method of securing influence was to buy a hundred barrels of whisky on
commission for certain Congressmen, selling after the tax bill had passed.

THE RING CONTROLS THE REPUBLICAN ADMINISTRATION.

A very large proportion of the campaign expenses of the Republican party m
1868, and again in 1873, were paid by the Rings, In return for their services they
demanded the means of making money rapidly, and their shameful robberies were
winked at by the party in power. Combinations were formed with the Federal
oflScials at St. Louis, Chicago, Evansville and Milwaukee. Officers of the govern-
ment were appointed at the direction of the Rings. Local revenue officials were
selected by the members of Congress, who designated appointments, and the mem-
bers themselves were elected with the Ring's money. In Galena, 111,, the north-

THE WHISKY RING. 401

western Ring was very powerful. The Galena Ring nominated the Federal
officials for Chicago. J. Russell Jones, a particular friend of Grant's, was collector
of customs. Ben. H. ^Caippbell, Babcock's father-ih-law, was marshal of the
Northern district of HMnois. The collector of internal revenue was controlled
by Campbell. Senator Logan was credited with being on terms of great in-
timacy with the Ring. Dan Munn, the supervisor for the district comprising
Indiana, Illinois and Wisconsin, was a particular pet of Logan's. Munn was
connected with the frauds which brought the administration into such bad odor
in 1874.

WHY GRANT WAS SUSPECTED OF COMPLICITY.

The perpetration of frauds on the revenue would have been impossible with
honest men in office. When. the administration was fortunate enough to stumble
upon an honest and capable man, he was not allowed to remain long in office.
The appointment of an honest collector of internal revenue in any district where
the Rings were in power was certain to be followed by the advent of an army of
politicians into Washington clamorous for his head. Grant always yielded. He
obeyed their behests implicitly. It is not a matter of surprise that people began
to suspect that the ramifications of the Ring extended to the White House. In
May, 1869, Col. Jussen, a brother-in-law of Carl Schurz, was appointed collector
of internal revenue at Chicago. Jussen was an honest officer. The dealers
attempted to buy him, but failed. He detected a ganger by the name of Lamper
stealing high wines, and had the temerity to discharge him. Lamper was given
another office by Grant, but Jussen was not disturbed. A few months after he
had taken the office, Orville Grant, the President's brother, who was then in busi-
ness in Chicago, approached Mr. Jussen, and proposed that he should join him in
defrauding the government by permitting a certain distillery to run double its
registered capacity. Mr. Orville Grant moralized as follows:

' ' If you decline, the government will gain nothing, for in that event the distil-
lery will not increase its product. If you consent, the same tax which you now
collect will still be paid, and the receipts of the government will, therefore, not be
diminished. A few barrels more or less on the market cannot depress the quota-
tions, and the competitors who do not enjoy the privileges I ask for my. friends
cannot suffer. There can really be no fraud in the transactions proposed. More-
over, I shall see to it that all is safe at Washington.'* Mr. Jussen, of course, declined
the job. The collector's honesty was a serious barrier to the operations of the
Ring. Congressman Farwell and the local politicians joined hands in securing
Mr. Jussen's removal. Senator Logan gave his assistance to the movement, and
the President, without any complaint being made by the Treasury Department,
imceremoniously removed him.

MILWAUItEE WHISKY RING.

In June, 1874, Bunker & Rogers' distillery in Madison, Wis., was seized for
shipping high wines, without compliance with the revenue laws, to Sam. Rhinds-
kopf of Milwaukee and the Killian Bros, of Chicago. As soon as the seizure was
made Supervisor Munn went to Madison to take possession of the books and
papers of the firms. The correspondence he thus obtained would have convicted
all the guilty parties. ♦

Sam. Rhindskopf of Milwaukee, whose guilty participation in the fraud was so
apparent that he could not be shielded, was arrested. He had the powerful assist-
ance of Senator Carpenter of Wisconsin to save him from punishment. He was
indicted, but the cOiSe was postponed from time to time at the request of Senator

402 THE WHISKY KING.

Carpenter. Commissioner of Internal Revenue Douglass ordered the district
attorney to continue the case, and the probability is, if the Commissioner's
instructions had been obeyed, that Rhindskopf would never have been brought to
trial. The district attorney, however, proceeded with the case, and Rhindskopf
was convicted and sentenced to pay a fine of $5,000 and be imprisoned in the
county jail for one day only. The fine was a mere bagatelle. The imprisonment
was an amusement. He passed the day in the company of his intimate friends, to
whom he gave one of the most magnificent entertainments that was ever heard of
in Madison.

The Whisky Ring purchased a newspaper and ran it as a Carpenter organ.

The special revenue agent for that district, Mr. Burpee, was removed at the
demand of Keyes, the Chairman of the Republican State Central Committee, and
a willing tool was appointed in his stead.

Every Democratic district in Milwaukee was carried by the Republicans oy a
liberal use of the Whisky Ring money.

When the books of Rhindskopf were seized, the check-book stubs showed that
each distiller and rectifier in Milwaukee was assessed $200 per month for the
" boss '* of the Republican "machine," Mr. Conklin.

THE WHITE HOUSE AND THE RING.

In 1874 Gen. B. H. Bristow was appointed Secretary of the Treasury. Im-
mediately after his confirmation by the Senate he began an active warfare against
the Whisky Ring. His lieutenant was Bluford Wilson, Solicitor of the Treasury.
George W. Fishback, of St. Louis, communicated to Gen. Bristow the fact that
an organized system of fraud upon the internal revenue existed in that city.

It appeared that the oflBcers of the revenue service in that city, from Supervisor
McDonald down to and including nearly every ganger and storekeeper in the
public service, and every distiller and rectifier in St. Louis, were banded together
in active efforts to defraud the revenue. It was necessary that every movement
made under the direction of the Secretary of the Treasury should be kept secret.
In March, 1875, the nets were thrown out by trusted agents of the department,
under the direction of Gen. Bristow. The Chicago distillers were watched and
detected in their frauds. The government devoted its principal attention to the
frauds in St. Louis. McDonald, the supervisor of internal revenue, was con-
fronted by Gen. Bristow with the proofs of the frauds committed by himself and
his confederates. He broke down and admitted the truth of the charge. To Mr.
Wilson he said that the interests of the Republican party in Missouri, and in his
d.istrict, would be damaged greatly by the seizure of the distilleries. He said that
arrangements had been made to heal the dissensions then existing in the Republi-
can party in that state, and he claimed that he could do more for the party in the
ensuing Presidential campaign than any other man, or ten men, that could be
found. But the Secretary of the Treasury and the Solicitor were not influenced
by political considerations. McDonald confessed his guilt to the President, but he
was never dismissed. McDonald, Joyce, McKee, Avery and other parties were
arrested shortly afterwards, indictments having been found against them for com-
plicity in the whisky frauds. David P. Dyer was the district attorney in St.
Louis. J, B. Henderson and Lucien B. Eaton were appointed his assistants. The
rogues were convicted and sentenced to prison.

About this time suspicions were aroused that the President's private secretary,
Orville E. Babcock, was concerned in these frauds. It w^as not known whether
the ramifications of the Ring extended above the private secretary of the President

THE WHISKY RING. 403

or not, but certain it is that when the evidence implicating Babcock reached Pre-
sident Grant there was a marked change in his demeanor. Secretary Bristow's
course was not approved by the President, and the rumor was current that he
would soon be forced to surrender the Treasury portfolio.

In August it was discovered that the celebrated " Sylph " telegram was in Gen.
Babcock's handwriting, and that he was on intimate terms with the members of
the Ring. Gen. Bristow attempted to secure from the President some indorse-
ment of his action in prosecuting the thieves, and Gen. Grant, who was then sum-
mering at Long Branch, wrote upon the back of a letter, the celebrated indorse-
ment, " Let no guilty man escape, if it can be avoided." This apparent guarantee
of the President inspired the Secretary with new zeal, and operations against the
" Ring " were resumed with renewed vigor. The oflBcial backers of the thieves
mustered in Washington and circulated most abominable falsehoods about Secre-
tary Bristow. The President seemed willing to listen to these stories. He accused
Bluford Wilson of endeavoring to involve him in the whisky frauds. This
unjust accusation Mr. Wilson promptly denied. Gen. Grant woidd not listen to
Anything imputing guilt to Babcock.

THE PRIVATE SECRETARY INDICTED.

The proofs against the private secretary were so strong that he was indicted.
About this time Gen. Grant charged that Mr. Henderson was openly hostile to
iim, and signified his intention to remove him.

Jim Casey, the President's brother-in-law, who was also believed to be connect-
ed with the Ring, was particularly violent against the government prosecuting
oflBcers. As soon as Babcock was indicted the idea of a military court of inquiry
was brought to the front, and the President of the United States took the
ground that the military court should supersede the civil tribunal at St. Louis.
He asked that the papers in the case against Gen. Babcock should be handed over
to a military court prior to their issue in the civil courts of the country. Gen.
Henderson was dismissed from the prosecution in opposition to the written pro-
test of the Solicitor of the Treasury and the verbal protest of the Secretary. This
dismissal was a fatal blow to the prospect of a successful prosecution in Gen.
Babcock's case.

Mr. Wilson was sent for by the President to give him an outline of the proof
against Babcock in the possession of the government. A man named Everest
announced his willingness to testify that he had seen .Joyce mail two letters con-
taining $500 each, one addressed to Babcock.

As soon as the President had obtained this interesting- information he impart-
ed it to his private secretary, and Gen. Babcock called upon Mr. Wilson and
asked to be informed of the evidence in possession of the department tending to
implicate him. The President questioned the prosecuting officers in Babcock's
interest. To secure the conviction of the thieves it became absolutely necessary
to take the testimony of accomplices. Gen. Grant made a terrible fuss about this.
About this time he compelled the Attorney-General to issue a circular letter to
district attorneys, stating in substance that he was dissatisfied with the policy
that had been adopted, and intimated that they must not go so far in their attempts
to secure convictions.

GENERAL BABCOCK WAS DISMISSED.

About this time Gen. Babcock was dismissed. His removal was not due to his
suspected complicity with the Whisky Ring. He had speculated in the famous

404 THE WHISKY RING.

Black Friday operations and lost about $40,000. He had deceived the President,
but Grant expressed his belief of Babcock's innocence of the whisky frauds to
the last.

Day by day he received the Secretary of the Treasury and Mr. Wilson with in-
creased coldness. Mr. Wilson, on June 20, 1875, tendered his resignation as Solici-
tor of the Treasury, and a day or two later Gen. Bristow resigned.

The Rings were substantially broken, but the faithful officers who exposed the
frauds were punished by virtual dismissal.

THE BELKNAP IMPEACHMENT^ 405

THE BELKXAP IMPEACHMENT.

The impeachment of General W. W Belknap, Grant's Secretary of War, was
one of the disasters that overtook the Republican party in the closing years of its
legitimate exercise of power. Belknap was the victim of discovery. He was
found out, but in his finding out there were dragged down a good many others
against whom the evidence was not so direct as it was against him.

The case against Belknap, stated briefly, was this: In 1870, Jqhn S. Evans was
post-trader at Fort SHI. In July, 1870, Congress passed an act giving the appoint-
ment of post-traders to the Secretary of War. Strange as it may appear, this pro-
vision was a rider on an army bill. General Garfield's objection to legislation on
appropriation bills seems to be confined to that kind which relieves the people
of burdensome and odious laws ; he always voted for such riders as the post-
trader one, which gives an opportunity for official plundering. This rider was m
the interest of thieving, for it took from the post council of administration the
power to control the sutler in his prices, and superseded the act of 1866, which
provided that the soldiers should have their supplies at cost. It thus gave to a
post-trader the monopoly of trade with the soldiers, and the power and right to be
extortionate as he naturally would be. What avail the Secretary and his post-
trader made of their rider will be seen further on. Evans made application for
appointment under this law as early as June 23d, 1870. His application was
indorsed by General Gierson, commandant of the post, and by all the officers
stationed at the post. It was a remarkably strong recommendation of a man who
had been a post-trader at Fort Sill, and who was known in that capacity by all
who indorsed his application. Other recommendations were forwarded, and
there was no other application except one made by C. P. Marsh, of New York,
which was filed on the 16th of August. The evidence in the trial of Belknap
pointed to the fact that this letter had been written after its alleged -date of filing,
and was not received August 16th. It is indorsed by Belknap, " Received August
16th ;" but the records of the War Department show that Belknap was absent from
Washington from the 12th of August to the middle of September.

There was nothing in support of Marsh's application, Evans called on the
Secretary of War m October, and was then told by Belknap that he had
promised the appointment to Marsh, who would be in the city that or the next
evening, and he had better see him and they could probably make some satisfac-
tory arrangement.

THE ARGUMENT BETWEEN EVANS AND MARSH.

Marsh says he was called to Washington by a telegram from Belknap, or Mrs.
Belknap; that he came here and called on the Secretary, and was informed by
Jiim that Evans was in the city and he had better see him. The Secretary also
said that Evans had a large stock on hand at Fort Sill, and he (Marsh) ought to

406 THE BELKNAP IMPEACHMENT.

make some arrangement to save him from loss. Belknap told him where Evan*
would be found {seepage 164 of the Record). At this suggestion Marsh called on
Evans, and they made the arrangement preliminary to the agreement of the 8 th
October, 1870. The sum of $20,000 was first exacted by Marsh ; finally $15,000
was fixed, and the parties were to go to New York the next day and have the
writings drawn.

On the way to New York, the next day, Evans stated to Marsh he had seen a
statement in the paper that a portion of the troops stationed at Fort Sill were to
be removed ; that $15,000 was more than he could pay, and the sum of $12,000
was finally agreed upon, to be paid quarterly in advance. Why paid in advance ?
Clearly, from the terms of the agreement, to secure the certain payment of the
bonus and to enable Evans to hold the place. It was not to be a division of
profits, but the payment in advance of a fixed sum, whether Evans made profits or
not. If he had made a dollar or a dime, he was bound to pay this large bonus or
surrender his post {see Record, Impeachment Trial, p. 112).

It will be seen, therefore, that the rider on the army bill was availed of so far as
the Secretary of War was concerned ; he had sold the oflEice the appointment to
which was given him by the statute. The evidence that the appointment of
Marsh was a mere cover by which the place might be sold to Evans for the bene-
fit both of Belknap and Marsh is shown by the following correspondence :

marsh's LETTER TO BELKNAP.

No. 51 West Thirty-fifth Street, I
New York City, October 8, 1870. )
Dear Sir : 1 have to ask that the appointment which you have given to me as post- trader at
Fort Sill, Indian Territory, be made in the name of John S. Evans, as it will be more convenient
for me to have him manage the business at present.

I am, my dear sir, your obedient servant, C. P. MARSH.

P. S.— Please send the appointment to me, 51 West Thirty-fifth street, New York City.
Hon. W. W. Belknap, Secretary of War, Washington City.

Two days after this the respondent made the following appointment:

War Department, |

Washington City, October 10th, 1870. f
Sir : Under the 'provisions of section 22, of the Act of July 15, 1870, you are hereby appointed
a post-trader at Fort Sill, Indian Territory, and will be required to assume your duties as such
within ninety days from the date of this appointment. You will please report to thifj department
through the adjutant-generars office your acceptance or non-acceptance of this appointment.

WM. W. BELKNAP, Secretary of War.
Mr. John S. Evans, care of C. P. Marsh, Esq., 51 West Thirty-fifth street. New York City.

Evans, it was known, would lose greatly, if not suffer ruin, by failing to secure
this post-tradership. The two argued from this that he would be willing to pay
something for it.

Belknap carried out his agreement, at once ordering the removal from Fort
Sill of an traders except Evans. This order was obeyed and Evans given the
monopoly.

Almost immediately after taking the post, Evans was found guilty by the offi-
cers stationed there of introducing liquor into the Indian country. Belknap
came forward m his defense, and without an opportunity to make an examination
of the case, declared Evans guiltless.

BELKNAP AND MARSH HAVING CHARGED EVANS $12,000

a year for the post-tradership, the latter was obliged to make it up from the
soldiers to whom he sold goods. Complaint having been made by General Hazen,
through the columns of the New York Tribune, that Evans was extortionate,
Belknap wrote the following letter to General Grierson :

Washington City, February 17th, 1872. )
The commanding officer at Fort Sill will report at once directly to the Adjutant-General of the
.rmv, for the information of the Secretary of War, as to the business character and standing of
. S.'Evans, post-trader at that post; whether his prices for goods are exorbitant and unreasonable
r whether his eoods are sold at a fair profit; whether the prices charged now and since nis appoint-

THE BELKNAP IMPEACHMENT. 407

merit to that position by the Secretary of War, under the Act of July 15th, 1870, are higher than
thoBe charged by him prior to that appointment, when he was trader under previous appointment;
whether he has taken advantage of the fact that he is sole trader at that post to oppress purchasers
by exorbitant prices; whether he charges higher prices to enlisted men than to officers, and whether
he has complied with the requirements of the circular of the Adjutant-Generare office, issued June
7th, 1871.
The commanding officer is expected to make as full and as prompt a report as is possible.

W. W. B,

To this General Grierson made the following reply:

ORT SiL]

February 28th, 1872

Headquarters, Fort Sill^ Indian Territory, f

Adjutant-General United States Armt, Washington, D. C.

Sir : I have the honor to acknowledge the receipt of your letter dated February 17th, 1872, rela-
tive to the post-trader at this post.

EVANS NOT AT FORT SILL FOR MONTHS.

I understand J. S. Evans character as a business man is good, and he has heretofore given
general satisfaction ; but Mr. Evans is absent, and has been for some months, and has associated
with him J. J. Fisher, now also absent, who has had control of the establishment and who claims
to have the greater pecuniary interest in the business (the business being conducted, however, under
the name of J. S. Evans). Repeated complaints have been made to me of the exorbitant prices at
which goods were sold by them, and when I have represented the matter to the firm they replied
that they were obliged to pay 812,000 yearly (to a Mr. Marsh of New York City, who they represent,
was first appointea post-trader by the Secretary of War) for their permit to trade, and necessarily
had to charge high prices for their goods on that account. I have repeatedly urged them to repre-
sent this matter in writing to me, in order that I might lay the matter before the proper authority
to relieve the command of this burden, upon whom it evidently falls ; but they declined to do so,
stating that they feared their permit to trade would be taken from them.

As the prices could not be regulated by a council of administration, the trader not being a sutler,
it has been contemplated by some of the officers of the garrison to represent this matter, without
reference to J. S. Evans, through the proper military channels, but as it was claimed that the
authority for the tradership emanated from the Secretary of War, it was feared that that course
mi^it be construed as taking exception to the action of superior authority.

The prices are considerably higher eince his appointment by the Secretary of War than pre-
\iou8ly, and he has undoubtedly taken advantage of his position as sole trader in charging these
exorbitant prices, giving the reasons above quoted, stating that he could not, under the circum-
stances, sefl goods at lower prices.

It has also been reported to me that he charges enlisted men greater prices for the same articles
than he does officers, and, at all events, it is very evident that the officers and men of this garrison
have to pay most of the $12,000 yearly, referred to above, they being the consumers of the largest
portion of the stores.

UNITED STATES SOLDIERS ROBBED FOR TRADERS' BENEFIT.

I feel that a great wrong has been done to this command in being obliged to pay this enormous
amount of money under any circumstances : the largest portion of which, at least, has beea taken
from the officers and eniisted men of this post, nearly all the money of the latter mentioned going
to the trader. The responsible party of this great injustice should be held responsible and be
obliged to refund the money.

If J. S. Evans has not paid this exorbitant price for permission to trade, as stated by him, his
goods should be seized and sold for the benefit of the post fund.

In order to insure a healthy competition, to reduce the price of goods, and to relievo the officers
and soldiers of this garrison from this imposition, I recommend that at least three (3) traders be
appointed, and that those appointments be made upon the recommendation of the officers of the
post; that each trader be known to be interested only in his own house, and that they be obliged to
keep such articles as are required for the use of officers and enlisted men of the army and to sell
them at moderate prices.

The trader complies with circular of A. G. O., issued June 7, 1871, as far as I am aware.
The buildings (store, etc.), however, are not convenient to the present garrison, having been
built when the command was in camp.

Very respectfully, your obedient servant,

B. H. GRIERSON, Colonel Tenth Cavalry, Commanding.
Received in the office of the Adjutant-(jeneral, March 9, 1872.

[Indorsement.]

War Department, A. G. O., March 11, 1872.
Respectfully forwarded to the Secretary of War, with application of C. P. Marsh for tradership
at Fort Sill.

E. D. TOWNSEND, Adjutant-General.

Belknap took no notice of this matter until Gen. McDowell called on him and told
him it was "a thing that would be damaging to the service if it was not at once
corrected."

Then, with the concurrence of Gen. McDowell, Belknap issued an order which .
was very cunningly devised. This order gave the council of administration the
power to fix the prices at which a post-trader should sell his goods, but gave the .
trader the right to appeal to the War Department should he feel himsel
aggrieved.

408 THE BELKNAP IMPEACHMENT.

The effect of this order was to reduce the amount of the annual payment to
$6,000, it having been discovered that too much robbery of the soldier was made
necessary by the payment of $12,000.

The truth about the payments by Marsh to Belknap is well stated by one of
the Republican managers, E. Gr. Lapham, in his argument before the Senate.
Evans paid Marsh $12,000 a year. One-half of this Marsh paid to Belknap
quarterly in advance : the first $1,500 for Mrs. Belknap, the next two for his
child, and after the decease of the child the like quarterly payments were made
to him for his own use.

The following extraordinary letter was ignored both by Belknap and Grant,
and its author summarily dismissed the army in court-martial proceedings:

CAPTAIN ROBli^SON'S LETTER.
[Personal.]

Saint Louis Babbacks, Missouri, April 2d, 1876.

Sir: I have the honor to inform yon that I am now preparing a set of charges against the firm of
J. S. Evans & Co., post-trader at the post of Fort Sill, Idaho territory. I have been stationed at
that post since its first location in 1868. Among the many charges I am preferring against this firm
is one of malicious slander, in xvbich both members of this firm have repeatedly stated, not only to
pnyself but to Brevet Major-General Hazen, Brevet Major-General Grierson, and many of the
officers of the Sixth infantry and Tenth cavalry, that they were paying you at one time $15,000 per
year, at another date $12,000 per year, $1,000 per month in advance, and only a short time ago Mr.
J. J. Fisher stated in my quarters at this post that he was still paying you the same amount.

He also informed Gen. Grierson at the same date at this post of what he termed " these facts."
I was, while at the post of Fort Sill, Idaho territory, on the post council of administration many
times, as its " recorder." The repeated statements of both J. S. Evans and J. J. Fisher to the fact
that they could not sell their goods any, cheaper to the men and officers of the United States army
because they were obliged to pay to the Secretary of War $15,000 per year, monthly in advance. I
took down carefully, with day and date, and the names of the oflicers present who heard these
statements made. They were made before me officially as the recorder of the post council of
administration.

I have thought that you, sir, should know these facts before I brought them to your official
notice by sending the charges to you through all of the official channels, and to ask your advice as
to the best and most expeditious manner of bringing these men to justice. Every man and officer
of these regiments have been most outrageously swindled by this firm, as I have abundant testi-
mony to prove. If I leave the army by sentence of the general court martial that has just tried
me, it is by getting into unavoidable debt to these men, who, after getting all the money I had,
now seek to ruin me, knowing that I alone am in possession of all the facts in the case against
them. I honestly believe that these slanders on your name and action are false, and shall bring
this firm to speedy justice whether I am in or out of the army, and ask of you, sir, your advice as
to my procedure before action.

Should I remain in the army I shall, if you desire, transmit all of the documents entire to you
for your information, and such action as you may see fit to take. I will either act as prosecutor or
witness, as you may elect. Many of my notes are at my home in Baltimore, some of them here;
but I have enough to draw charges on here, which I am now doing. Several newspaper men have
made me very alluring offers for these papers, but I prefer to take the course I am now doing, so as
to get officially all the facts on record before a court of justice against these men.
I am, General, your obedient servant,

GEORGE T. ROBINSON, Captain Tenth Cavalry.

Hon. W- W. Belknap, Secretary of War.

On his trial Belknap's counsel. Judge Black, of Pennsylvania, defended him
on the ground that he was no more guilty than his Republican associates in office.
The following extract from Black's argument is instructive though humiliating :

ARGUMENT OP HON. JEREMIAH S. BLACK IN BEHALF OF BELKNAP.

I do not myself believe that presents are proper when taken by a public officer from a person
who may by any possibility in the future have an interest in the officer's performance of his
duties. I think so because, in the first place, " a gift blindeth the eye and perverteth the judgment
of the righteous ;" and also because, in the next place, these gifts may be used to cover essential
bribery. I do not believe that the institutions of this country are perfectly safe in the hands of
men who habitually receive presents from their friends and constituents, or from anybody. But I
gay now that there is no law that makes it a crime or misdemeanor ; and that is not all. 'There is
no code of morals known to the public men of this age, or to the men who now hold office, which
condemns it. If our fathers could have foreseen the fatal degeneracy of their sons, perhaps they
might have made some provision to prevent it ; but they inserted nothing to prohibit it either in
their Constitution or in their statutes, and you cannot in your judicial capacity supply the casvs
omissus.

PRESENTS AS A BRIBE.
" I give you an office and you give me another office," or, "I give you office and you give me
money." What of that ? If the exchange was preceded by a contract which made one the con-
sideration of the other, that is bribery and corruption, but if there was no contract of that kind,
the case is otherwise ; and so it has been held in the case of the greatest and wisest and best men
yre have ever had in this country.

THE BELKNAP IMPEACHMENT. 409

There was a time in 1825 when Mr. Clay held in his hand the presidency of the United States,
5ind could give It to whom he pleased. He handed it over to John Quincy Adams, against whom
there was a large majority of the slates and the people. He did it in opposition to instructions almost
unanimous from his constituents and in the face of his own recorded opinion that Mr. Adams was
not a proper person to be chief magistrate of the country. The first thing that Mr. Adams did
after he went into office was to appoint Mr. Clay Secretary of State. Did these two men bribe one
another 1 They were charged with making merchandise of the highest offices under the govern-
ment. The defense which both of them made against the charge of bribery was precisely the
same that we make here, namely, that no proof could be produced tp show the previous existence
of a corrupt contract or understanding which could have influenced their conduct, and the general
public acquitted them on that ground alone.

Remember, I do not hold up this transaction as an example of public virtue. I admire much
more the high-toned behavior of Mr. Bayard twenty-five years earlier. He did not vote for Mr.
Jefferson, but he had it in his power to protract the election in the House of Representatives so
that Mr. Jefferson and Col. Burr would both of them have been defeated. For good and sufficient
public reasons he determined that he would not use that power, but would retire from the contest
and allow Mr. Jefferson's friends to elect him. After a few days Mr. Adams, the then incumbent
of the presidential chair, offered him tlie mission to France. He said : " No ; I cannot get to mv
post of duty until Mr. Jefferson shall be inaugurated, and then he will have the power to recall
me. I would not hold any office under him, as 1 would virtually be holding this office, lest it
might be inferred that I had received a reward formy action in the presidential election."

The most distinguished man, perhaps, that this country ever produced— certainly the greatest
orator— one who was gifted with the most exquisitely organized intellect that ever was bestowed
upon any of the children of men— was appointed Secretary of State by General Taylor. He said
that he could not live upon the salary in a way that would accord with his taste and habits, and he
invited his friends to make presents to him, and they did contribute among them $100,000, which
they invested and gave him the interest of it for the remainder of his life. Was that bribery ? It
was given by merchants who were pleased with his advocacy of the bank, by manufacturers
whose interest he had promoted by supporting a protective tariff, perhaps also by lovers of the
Constitution, who admired him for the noble defense he had made of its principles. But there
was no evidence and no reason to believe, and nobody ever did believe, that it was given as a con-
sideration for previous services or in pursuance of a contract for future service. Therefore, and
therefore alone, he was held to be innocent.

The member from Massachussetts (Mr. Hoar) said, speaking of the Union Pacific Railroad, that
every foot of that road had been founded in corruption and built with the wages of iniquity. That
is true ; and it is equally well known that the managers of that corrupt concern gave large amounts
of their stock and bonds to the wife of a Senator who was afterwards elected Vice-President. The
wife received it with the full consent of the husband. Though he had voted for the charter of the
corporation, and afterwards voted to extend its privileges, andalways vindicated it by his speeches
on this floor, there was no proof that the speeches and votes were the consideration given for the
bonds and the stock. The absence of that proof left him in the full possession of the character which
he had earned by his previous life. His popularity moulted no feather ; he lived respected and
honored and died in the odor of sanctity.

The members of the House of Representatives who received the same stocks and bonds from
the agents of the same company considered themselves as fully acquitted when the committee
failed to find that there had been any corrupt contract, and such was the view of the House when
for that reason it refused to pass a vote of censure.

If Mr. Lincoln had been impeached, and evidence had been introduced against him like
the trash you have here to show that his wife, with or without his knowledge, took a present from
some contractor or some officer, who would have listened to it in patience ? Mr. Lincoln could not
have come into this court with a higher character than General Belknap. Judge Davis would have
sworn for him that he was all his lifetime scrupulously honest. The governor of his state and
any number of ex-governors, and the Senators in Congress, would have testified to the same fact ;
but he could not have a character one whit better than that which is made out by General Belknap,
and by the force of that character the accusation would have been swept away like chaff upon the
Bummer thrashing-floor. Nobody would have thought of a conviction.

410 THE VENEZUELA SCANDAL.

THE VENEZUELA SCANDAL,

The Venezuela scandal arose out of the treaty of April 25, 1866, which provided
a mixed commission for adjudicating the claims of American citizens against the
Republic of Venezuela. Under this treaty each government was to appoint one
commissioner, and those two were to agree upon an umpire. If they were unable
to agree, the selection of the third person was to be left to the representatives of
Switzerland or Russia at Washington. The decision of this mixed commission
was to be final and conclusive as to all claims pending at the date of installation.

The action of this government was marked by fraud from the outset. The
first step taken was the appointment of David M. Talmage of New York as
commissioner on the part of the United States. General Antonio Guzman-Blancp
was appointed commissioner on the part of Venezuela. Mr. Talmage had not
the first qualification for the office of commissioner; he knew nothing of law,
especially of the delicate questions arising under international law, and, more-
over, was in bad repute in the country to which he was going, having been a
constructor of gaa works in Caracas, and there involved in serious lawsuits aris-
ing from said business. In New York he was a coal broker.

General Blanco and Mr. Talmage met August 30, 1867. Of course, they dis-
agreed as to who should be appointed umpire. Mr. Talmage nominated Mr,
Rolandus, but General Blanco objected, and insisted on the minister-resident of
either England, France, Spain or Brazil. For some reason Talmage would not
be satisfied with any one but Rolandus, and finally grew so insolent that Blanco
refused to hold any communication with him. Talmage then appealed to the
President of Venezuela, General Talcon, but was told that the government could
not recede. Finally Blanco retired and another commissioner, Senor Francisco
Conde, was appointed. More delay and more correspondence resulted in leaving
the matter to Baron Stoeckl, the Russian minister at Washington. Immediately
Talmage came home, was seen about Washington, and Stoeckl was mysteriously
influenced to appoint a man of whom no one had ever heard, who had no diplomatic
or legal training, but who was simply a candle-wick manufacturer. He had been
in Talmage's employment. There was to be found the secret motive for his ap-
pointment. His name was Juan N. Machado, Jr., but Baron Stoeckl was so
ignorant of the man and his family that he made out the appointment to Juan N.
Machado. Naturally, this would have gone to the father, but Talmage knew who
was meant, and he gave it to the son, writing back to the State Department to
have the mistake corrected.

The commission was now organized to work the intended fraud. Thomas N.
Stilwell of Indiana was minister to Venezuela, and his brother-in-law, William
P. Murray, was secretary of legation. Notwithstanding his representative
character, Murray was attorney for a large number of the claimants before the

THE VENEZUELA SCANDAL 411

commission, and charged fifty per cent, on the allowances for his fee. He made
this exorbitant charge for his influence, for he was really in partnership with
Talmage, who, worse still, appeared as attorney for claimants before a tribunal
of which he was a member, Machado, the umpire, being a willing tool. Murray
openly boasted that he had a monopoly of the influence, and it is certain that all
the claimants, in whose favor awards were found, were represented either by Mr.
Murray or Mr. Talmage.

SUSPICIOUS CIRCUMSTANCES.

From Dr. James S. Mackie, a highly respectable gentleman, for a long time
connected with the State Department of Washington, and the attorney for
William H. Aspinwall and others, who had bona fide and just claims against Ven-
ezuela, the following valuable and suggestive evidence on the modus operandi of
the American modern statesmen, Stilwell, Talmage, Murray & Co., was adduced
before the Foreign Affairs Committee of the present Congress:

I went into a coal broker's olfice, and found Mr. Talmage to be a coal broker, dealing largely in
anthracite coal. I introduced myeelf, and congratulated him upon his appointment, and said: " Mr.
Talmage, I want you to do me a favor, to look at a memorial which I have here (referring to a par-
cel of bonds). Have the goodness to count the bonds over, and to see that they are all there, as
stated in my memorial, and take charge of them in behalf of American citizens whom I represent
as attorney." Mr. Talmage said, "I cannot have anything to do with that kind of business." I
said, " I beg your pardon; I thought vou were a commissioner on the part of the United States to
represent our citizens." Said he, "I have nothing to do with taking charge of their claims." I said,
'•Mr. Talmage, if you will excuse my personality, I was twelve years in the Department of State,
and I have known all about all the commissions to the Spanish governments in that time, and I
have never yet heard a commissioner, either an American commissioner or a foreign commissioner,
say that it was no part of his duty to take charge of the claims of his fellow-citizens. I take it that
that is one of the objects of your appointment." He said, "I cannot recognize that at all; I will
have nothing to do with it.''^ I then said, "Mr. Talmage, I was a commissioner of the United
States myself to Peru, and I felt it not only a duty but a privilege to give every attention that I
could to American claims before I went abroad," He still persisted. Isaid, "It is very strange;
here I am, an attorney for these recognized claims, and you, as commissioner, refuse to take charge
of them. What am I to do V Said he, "Mr. Mackie, I advise you to go to a gentleman who
happens to have a great deal of that business in his hands, and I think he is the best man that you
can give your claims to." I said, "Who is he V He said, " Mr. William H. Whiton." He gave
me his address— I think some place in John street or Maiden lane. I went down to that place, and
went through rows of bales of hay piled up all through a warehouse, until I came to a gentleman
sitting with his hat on at a desk writing. I said, " Is Mr. Whiton here ?" This gentlemen looked up
and said, "Yes." I said. "Whiton, is that you ?" I recognized in him an old friend and neigh-
bor of mine when I was living on the heights of Georgetown. Said I, " I am looking for another
man." . He said, "Who?" . I said, " A man of the same name, W. H. Whiton." He said,
"What do you want with him?" I said, "I was referred to him by Mr. Talmage as having
charge of Venezuelan claims; but you have nothing to do with Venezuelan claims?" "Yes,"
said ne, " I have; I am the man." With a little strength of expression, I asked him what the deuce
he knew about Venezuelan claims. He said that he had peculiar facilities for presenting them, and
having favorable action upon them. I said, " Whiton, I have got a bundle of claims here, but I da
not know why I should give them to you more than anybody else. What are you going to charge
for taking care of them ? " He said, " Fifty per cent." Said I, " That is modest. There is about
$180,000 of these claims, and as much accrued interest, and you want half for presenting the memo-
rial and claims. All the claims are recognized ; they are simply protested notes of Venezuela. I
cannot give you fifty per cent., because Icould not control that." Said he, " I cannot do it for less,,
for I have got to divide." I said, " You cannot divide any of my friends' money," and I went out.
I then immediately wrote to the Department of State, and transmitted my papers, and I have the
receipt from the Department of State, in which the department promised to send them to Ven-
ezuela, which reads as follows :

Department of State, )
Washington, June 20, 1868. |

Sir : Your communication of the 19th inst., with its enclosure, has been received ; also the
package addressed to the joint commission now in session at Caracas.

Your wish in reference to the papers has been complied with, and they will go out in the mail of
the 23d instant. I am, sir, your obedient servant, W. HUNTER, Secretary.

James S. Mackie, New York. ,

The package arrived there, but was never brought before the umpire. Talr
mage told Dr. Mackie with reference to it, that he went to the umpire, and that
the umpire told him that he had allowed so many claims that if he was to allow
this claim he could not look the Venezuela government in the face. Worse than
all, Murray tried to make away with the bonds intrusted to him, and it was with
some difficulty that Dr. Mackie secured their return.

MINISTER STILWELL'S PART IN THE CONSPIRACY.

What part the minister, Stilwell, played is shown by the fact that at his deaths

412 THE VENEZUELA SCANDAL.

although he had been so poor that he had been tempted to overdraw his account
at the bank of which he was president, to the amount of $150,000, there was
found as collateral for the overdraft, Venezuela certificates to the amount of
$80,400. Congressman Milton L. Robinson swore that Stilwell had received these
certificates for his influence, as American minister, in securing the allowance of
claims, Murray paying him one-fifth of his ill-gotten fifty per cent. Stilwell paid,
of this, $3,000 or $4,000 to Godlove S. Orth of Indiana, for lobbying through
Congress legislation favorable to these fraudulent awards.

THE IDLER CLAIM

is an instance of gross fraud. Whiton, Talmage's agent, appeared for the claim-
ants. In other words, Talmage appeared as attorney before himself in behalf of
this fraudulent claim.

On this claim $252,814 was awarded. It grew out of supplies furnished the old
Colombian Confederacy in 1817. In his lifetime, Jacob Idler had brought suit for
this in the Venezuelan courts, and there had been allowed by one decision $70, 520.-
11. This had afterwards been set aside, and Idler abandoned the suit, leaving the
country. It slept for more than thirty years, and was revived before this com-
mission. It was not in the list of claims which were pending in the American
legation at the time the mixed commission was organized. It was trumped up
afterwards. Talmage decided that the $70,520.11 was still due, notwithstanding
the adverse decision of the courts and the abandonment of the case by Idler.
Talmage insisted on the decision of this case within five days of its hearing, but
Conde protested, and resigned hig position rather than consent to such an outrage.
Talmage gave the claimants the principal and $182,294 interest. On the adjourn-
ment of the commission Talmage returned to this country, and still acting as attor-
ney for the Idler claim, committed perjury by swearing before Congress that he made
all his statements "from considerations of public policy." Afterwards he testi-
fied that at this very time he was in receipt of a $15,000 fee for acting for the Idler
claim, in getting a recognition from Congress of the awards of the commission.
This admission was the result of the investigation of the scandal by the Demo-
cratic House of the Forty-fourth Congress.

Every claim on which the two commissioners disagreed was allowed by the
umpire, who acted throughout as Talmage's tool. The total awards of the com-
mission were $1,253,300.17, of which $794,122 were awarded by the umpire. Of
these the Committee on Foreign Affairs of the House of Representatives, Forty-
fifth Congress, found as follows:

THE TOTAL AMOUNT STOLEN.

On a careful examination of each and every one of the cases decided by the umpire, your com-
inittee have failed to discover a single award which is justified by the law or the evidence. Not
one of these awards, which were adjudged to be paid under the impoverished resources of that Re-
public (Venezuela), amounting to nearly $800,000, is of such a character, when the merits of each
case is fairly considered and understood, as entitled it to any consideration whatever. Now that
the fraudulent character of these claims are exposed, our government cannot consistently, with
national honor and that fair dealing which should always characterize the conduct of stronger gov
ernments towards weaker ones, insist further upon their payment.

What could be more unjust and unreasonable than the decisions of the umpire in the cases above
referred to?

HOW A REPUBLICAN CONGRESS DID.

In marked contrast with the action of the Democratic House of Representatives
in reference to these frauds is the action of the Republican Congress. The mixed
commission adjourned August 5, 1868, and almost immediately the Venezuelan
government began to enter protest against its action. The adjournment was
a hasty one, being a month before the statutory limitation. Talmage and Murray
were in a hurry to get away from the scene of their rascalities, and left Caracas

THE VENEZUELA SCANDAL. 413^

surreptitiously. Machado also fled from Venezuela with his share of the plunder..

Then followed a long correspondence, in which the Venezuelan government

charged the American minister and commissioner with bribery and corruption,

ahd that the awards by the umpire were fraudulent and groundless. This was

referred to the Committee on Foreign Affairs of the Forty-first Congress, of which.

Godlove S. Orth was a member. The subject was investigated, and, strangely

enough, the following extraordinary resolution was the outcome:

That the adjudication of claims by said commission, pursuant to the terms of said convention,,
is hereby recognized as final and conclusive, and to be held as valid and subsisting against the Re-
public of Venezuela; and for the purpose of enforcing the collection and payments of the sums of
money so awarded, the President is hereby authorized and directed to make demand upon the Re-
public of Venezuela for immediate payment; and in case of neglect or refusal to make such pay-
ment, that he employ such portion of the naval and military forces as may be necessary, in hi&
judgment, to secure the faithful performance of the terms of said convention.

This resolution was not pressed to passage, and nothing more was done by the
Forty-first Congress. The subject was again investigated by the Forty-second
Congress, and on March 1st, 1873, the following report was made:

Your committee have examined this testimony, and cannot avoid the conclusion that it shows
reasonable ground for complaint on the part of the government of Venezuela, and the claimants
whose cases were adjudicated before the tribunal.

These complaints are of the following tenor: That powers of attorney were given in some of
the cases to the American commist^ioner, and he received pecuniary compensation for executing
the same; that an improper intimacy existed between the American commissioner, the umpire,
and Mr. William P. Murray, who was the attorney of sundry claimants, and was also represented
as being the secretary of legation, all the claims having to pass through his hands; and that the
said William P. Murray received from the tribunal of arbitration certificates to the amount, in.
most cases, of one-half the sum allowed to the claimants. This last ground of complaint is com-
mon to the Venezuelan government, and to the claimants, who earnestly request the passage of a
joint resolution to authorize the President to call in all the certificates issued by the commission,,
so as to defeat any payment to those whom the memorialist consider fraudulent holders'.

The bill was referred to the Committee on Foreign Affairs, and there it slum-
bered. This is where Godlove S. Orth appears in the matter. Having been a
member of the Forty-first Congress, and on the Foreign Affairs Committee, he
became a lobbyist for Talmage and Murray before the Forty-second Congress. His
influence was sufficient to defeat the bill. He testified as follows before the inves-
tigating committee at the Forty-fourth Congress:

Q. State your residence and position' A. I reside in Indiana; I was a member of the
Thirty-eighth, Thirty-ninth, Fortieth, Forty-first and Forty-third Congress. I have just returned
from Europe.

Q. Are you still Minister Plenipotentiary to Austria ? A. Yes; I have not yet sent in my resig-
nation, but I expect to resign in a day or two.

Q,. You were a member of Congress in the summer of 1873? A. Yes; I was elected in October,
1872, from the state of Indiana, at large, to the Congress which organised on the first Monday ia.
December, 1873.

Q. Do you know anything about what is called the Venezuelan awards? A. Yes. During the
Forty-first Congress, I was a member of the Committee on Foreign Affairs, when I first heard the
trouble about the Venezuelan awards. That committee had an investigation of the matter, and
took testimony, which I presume is among the archives of the committee, and it made an unani-
mous report sustaining the awards. I think the report was made to the House by Mr. Wilkinson.
That was at the second session of the Forty-first Congress. I went out of Congress on the 4th of
March, 1871. Subsequently to that time, and when I never expected to be in Congress again, /
accepted an employment from StilweU and Talmage to act as their attorney in procuring a payment
of some money which had beenfonvarded hereby the Venezuelan government, and which was in the
State Department. That employment included my service down here in Washington to assist in pro-
cunng the passage of the joint resc^ution of the Forty-second Congress declaring the validity of the
award. My recollection is that the House passed a joint resolution, which went to the Senate, and
that the Senate amended it by striking out what was supposed to have been the/orce part of it, as
It was called; and when it came back to the House, the House concurred in the Senate amendment.
Mr. Packard, of Indiana, reported it from the Committee on Foreign Affairs.

Q. Was Mr. Packard a member from the same district which you represented? A. No, sir; he
was a member from the La Porte district, and I lived in the La Fayette district. I was here in the
latter part of January or the first of February of that year, 1873. I was here at the time that the
House concurred in the Senate amendment.

Q. Were you favorifig the passage of the bill reported by Mr. Packard, in which the President of
the United States was authorized and directed to adopt such measures as he might deem expedient
to enforce the claims of the citizens of the United States adjudicated by the mixed commissson?
A. My impression is that the House bill had passed before I came here, and that the Senate struck
out what was called the/orce clause of it.

ORTH TAKES SEVEN OR EIGHT OF THE FRAUPULENT feERTIFICATES.
Q. While you were here you were acting in behalf of Talmage and Stilwell? A. Yes, sir.

414 THE VENEZUELA SCANDAL.

Q, Who was Mr. Stilwell? A. He was formerly a member of Congress from Indiana, and was
appointed minister to Venezuela.

Q. Was he minister to Venezuela pending the sitting of the mixed commissipn at Caracas?
A. Yes, sir.

Q. Who was Mr. Talmage? A. He was the commissioner on behalf of the United States.

Q. Did you receive compensation from Stilwell as well as from Talmage? A. Yes; from botn
of them.

Q. Was any portion of the compensation that you received paid to 7jou in these certificates? A.

Tes; I THINK I PROBABLY GOT SEVEN OF THESE THOUSAND DOLLARS.

Q. Did those certificates come through Talmage or through Stilwell ? A. They came through
both of them.

Q. Which furnished the greater part ? A. I think that Talmage furnished the greater part.

Q. At what time did you receive those certificates ? A. I received probably some of them in
1871, some in 1872, some in 1873.

The foregoing from Mr. Orth's own lips establishes his close identification with

this swindle. He earned his money well. Through his influence Secretary Fish

paid an instalment of 7 per cent, on the fraudulent certificates, $121,000 of which

Talmage had possession, but which were claimed by Seth C. Driggs, who had

notified the State Department that this amount of certificates belonged to him,

and were fraudulently withheld from him, the lawful owner, by Talmage.

Through his influence the House of Representatives of the 43d Congress passed

the following bill :

HOW ORTH EARNED HIS MONEY.

Mr. Orth earned his money, for through his influence Mr. Fish, Secretary of
State, paid an instalment of seven per cent, on the fraudulent certificates. He
also secured the passage of the following bill :

Section 1. That the adjudication of claims by the convention with Venezuela of April 25, 1866,
pursuant to the terms of said convention, is hereby recognized as final and conclusive, and to be
held as valid and subsisting against the Republic of Venezuela; and that the President of the
United States be, and he is hereby authorized and directed to adopt such measures as he may deem
•expedient to enforce the claims of citizens of the United States, adjudicated by the mixed com-
mission organized under the treaty of the 25th of April, 1866, and made payable by the Republic of
Venezuela to the government of the United States, in accordance with the provisions of said treaty.

Sec. 2. That he be authorized and directed, in like manner to collect such claims of the citizens
of the United States as were acknowledged by Venezuela to be due prior to the sitting of the said
mixed commission.

On motion of Mr. Sumner, however, the fore part of the bill was stricken out.

THE DEMOCRATIC WAY OF DEALING WITH FRAUD.

The following is the conclusion of the unanimous report of the Committee on
Foreign Affairs of the Forty -fourth Congress.

Now that a careful inquiry has been made by your committee in reference to the conduct of our
officials, and also to the fraudulent character of the claim awarded by the commission— which in-
vestigation, in the opinion of your committee, had demonstrated the truth and reasonableness of
the allegations of Venezuela— a further and continued refusal on the part of our government to
respond to the appeals of that government cannot be justified on principles of international honor
and comity. If Venezuela were the equal of this government in area, population and resources,
she would have long since ceased to address our government by appeals to our magnanimity and
sense of justice, and would have terminated all diplomatic intercourse and assumed toward us the
attitude which we now bear toward her. In order, therefore, to vindicate the proud position
which our govemment^has always assumed toward other nations of the world, and to preserve
intact the peaceful means of national arbitrament for the settlement of all differences arising
between nations, we should at once proceed to do full justice in the premises. We can afford to
respond to the appeals of Venezuela, in this case, and by so doing will honor ourselves and vindi-
cate the old precei)t, that "righteousness exalteth a nation, but sin is a reproach to any people."

In view of the fact that this session of Congress will soon adjourn, and that definite and final
legislation on this subject cannot be effected at this session, your committee recommend the
passage of the following joint resolution suspending all further payments by the Secretary of State
to holders of Venezuelan certificates, and withholding further demands upon Venezuela for future
payments until the 4th day of March next, or until further legislation by Congress.

The following joint resolution was passed:

Resdved by the Senate and House of Representatives of The United States of America, in Con-
gres. assembled. That the President of the United States is hereby requested to withhold further
demands Upon the government of Venezuela on account of the awards of the mixed commission
under the convention of April 25, 1866, until the 4th of March, 1877, and the Secretary of State is
authorized and directed to suspend all further payments to holders of certificates awarded by said
mixed commission until said time, unless Congress shall otherwise direct. The committee unani-
mously concur in recommending the passage of the foregoing joint resolution.

The result of this investigation, among other things, was the withdrawal of
Godlove S. Orth as a candidate for governor of Indiana after he had been nom-
inated by the Bepublican party of that state, and after the canvass had begun.

THE SAN DOMINGO JOB. 415

THE SAN DOMINGO JOB:

ITS INCEPTION, PROSECUTION AND FINAL FAILURE.

I.

GENERAL GRANT IS IN IT.'

with
them

If Gen . Grant, Gen. Babcock and others high in office in Washington are so well satisfied
;h the real value of our prospects and feel safe in lending their names and influence to carry
them out, I cannot for the life of me see why you should hesitate. It was our intention to have
sent 1,200 shares of the stock of the San Domingo Copper Company to you, as eoon as Knapp
shall have signed the certificates, to be distributed among ofllcials of influence in Washington .
But from the tone of your letters I suppose we shall have to do our business through some other
party.

These words, which seem like the idle boast of a confidence operator, are in re-
ality the statement of a scandalous fact. They were written on the 21st of De-
cember, 1866, by Joseph W. Currier, then of New York, to a friend in "Washing-
ton, who hesitated to embark in a scheme which looked to the raising of a million
of dollars for the avowed purpose of mining copper in the island of San Domingo.
Currier had been a quartermaster in the Union army. He was speculative by na-
ture, and circumstances made him impecunious. He was enthusiastic and cred-
ulous, but perhaps not deliberately dishonest. At this time, however, he was in
the clutches of two unscrupulous knaves who, years before, had gone from Mas-
sachusetts to the West Indies to teach the Dominicans tricks of which they never
dreamt before. These were Joseph W. Fabens and William L. Cazneau. They
were both natives of the Bay state. In 1863, Fabens, Cazneau and Currier estab-
lished the Great American West India Company, with an oflSce at 5 Pine street,
New York. Their rooms were fitted up in sumptuous style, and by the free use
of printers' ink they succeeded in disposing of their worthless stock to the amount
of $160,000. Then they closed their doors and disappeared. But they came
again in 1866, scattering far and wide their prospectus of the Great San Domingo
Copper Company. They were accompanied this time by Buenaventura Baez, the
deposed president of the Dominican republic, who had been driven from the
island and was ready for any sort of a job which promised him a good living
without work. These conspirators explained that Cabral's revolution had de-
stroyed the Great American West India Company, but that the present corpora-
tion rested on a secure basis. To all doubting inquirers they whispered, "Gen.
Grant is in it !" On the strength of his name they raised money from investors.
Fabens took $30,000 and started for Africa to buy camels for the copper mines.
He was accompanied by Baez. The 1,20!P shares of stock were duly distributed
among "officials of influence in Washington," and $200,000 was raised by the sale
of shares. Then the doors of the office were closed again, and the adventurers
sought safety in flight. They returned to San Domingo, where Baez re-estab-
lished himself in the presidency. There they remained till President Grant was
inaugurated, and t"hen they began once more their swindling operations in good
earnest.

416 THE SAN DOMINGO JOB.

II.

*

GENERAL BABCOCK GOES TO SAN DOMINGO.

When Buenaventura Baez resumed control of affairs in the Dominican repub-
Kc, he seems to have had a premonition that his stay would be short, and that it
behooved him to fill his purse while the opportunity lasted. He made a conces-
sion to Edward H. Houtmont for the working of the coal mines of Samana, for
which he was to receive a loan of £420,000 from Lawson & Co., of London. This
was in May, 1869 ; but in July, 1868, the notorious Fabens had received a sort of
general geological and mineralogical concession, under which he was to have one-
fifth of all the public lands. Cazneau had received a concession for the National
Bank of San Domingo, and also for the copper mines and the wharf frontage on
the Bay of Samana. Having sold most of the franchises at his disposal and given
away the rest, the idea quietly dawned on the mind of Buenaventura Baez
that he would sell out all his right, title and interest — the right of a traitor, the
title of a usurper, and the interest of a plunderer — in the island of San Do-
mingo to the government of the United States, for a good round sum in cash,
while he sought a home in some distant clime. Through Cazneau and Fabens he
communicated his plans to the Washington authorities, where they were received
with great favor.

On the 13th of July, 1869, President Grant addressed a letter to his "great and
good friend," as he called Baez, in which he said: "Deeming it desirable to
satisfy my curiosity in respect to your interesting country by obtaining informa-
tion from a source upon which I rely, I have for this purpose appointed Brevet
Brig. Gen. Orville E. Babcock, of the army of the United States, to proceed to
the Dominican republic in the character of a special agent. Having been one of
my aides-de-camp while I commanded the armies of the United States, and hav-
ing since been intrusted by me with confidential business of importance, I have
entire confidence in his integrity and intelligence, and I commend him to your
Excellency accordingly."

Armed with this document, Babcock set out for San Domingo. He also took
with him an order from Robeson, Secretary of the Navy, placing at his disposal
the United States ship-of-war Seminole, and directing her commander to seize the
Telegraph, a little vessel belonging to Cabral, which was to be brought as a prize
into the port of Baltimore. She was to be seized as a pirate, but an examination
before the British consul showed that the charge of piracy could not be sustained.
But even after this decision Robeson directed Commander Queen to sail in the
Tuscarora to San Domingo and place himself under Babcock's orders, that he
might help to capture the Telegraph. All this gratuitous service was rendered to
Baez against his enemy Cabral, that the annexation scheme might not fall
through.

Babcock remained in San Domingo till August, when he returned to Washing-
ton, received further instructions from Grant, and departed almost immediately
to complete his arrangements with Baez.

III.

THE IMPRISONMENT OP AN OBSTRUCTING AMERICAN CITIZEN.

Davis Hatch was a citizen of Connecticut who went to San Domingo in 186^
to act as agent of a New York company organized to work a salt mine in that
island. The required concessions were made by the Spanish government in 1864,
but in 1865 Spain abandoned the country, and Baez, who set up as president, an-

THE SAX DOMINGO JOB, 417

nulled the grants. But when Cabral overthrew and succeeded Baez in 1866, he
reconfirmed the concessions of Spain to the salt company. In 1868 Baez defeated
Cabral, through an insurrection, and returned to power. In May, 1869, the city
of Barahona, where Hatch resided, was deserted by Baez, and taken possession
of by Cabral's forces. It was retaken in the following August by Baez, who
thereupon caused the arrest of Hatch on the ground that he had sided with Ca-
bral. He was condemned to death by a court-martial, and was then pardoned by
Baez on condition that he should immediately leave the island. He was quite
willing to go, but was not permitted to do so. He was kept a close prisoner from
the 29th of August, 1869, till the 15th of March, 1870, in flagrant violation of his
rights as an American citizen. During the period of his unlawful imprisonment
Babcock visited the island. J. Somers Smith was at that time the government's
commercial agent at San Domingo, and in the following despatch to the State
Department he tells what happened :

On the 3l8t of Atieust the United States ship Tuscarwa arrived from Key West, when Com-
mander Queen called on me. I handed him a memorandum regarding Mr. Hatch, and expressed
my desire that he would proceed to Barahona to see Mr. Hatch and learn the particulars of his case.
The commander informed me that, notwithstanding his willingness to comply with my request, he
wa-* powerless to act in the matter, as his instructions placed the ship at the disposal of General
Babcock. On my communicating with General Babcock, he did not seem disposed to co-operate,
appearing not to regard the case \\\ as serious a light as I do, from my knowledge of the Dominican
character. It is unfortunal:e for Mr. Hatch that since General Babcock has been here he has been
In close companionship with Mr. Cazneau, who is an enemy of Mr. Hatch, as he (Mr. Hatch) fur-
nished the information which caused the rejection of Cazneau by the Senate, some three years ago,
when his name was sent iu for a position in this country.

When the Senate of the United States sent for a copy of the correspondence
between Mr. Smith and the State Department, the alleged communications were
transmitted, but the foregoing paragraph, and all others relating to Babcock,
were carefully stricken out. This garbling of oflBcial papers for the protection of
an executive favorite aroused the indignation of Mr. Sumner and other Senators.

Mr. Hatch, an American citizen, was kept in a dungeon for six months, under
no process of law, because Baez, Fabens, Cazneau, Babcock and Ingalls, who
were in league with the President of the United States, were afraid of him.
He knew more about the annexation scheme than they could safely allow to be
told. He was a ready writer, and had corresponded occasionally for the New
York Times. If he should unfold the facts — the double sale of valuable fran-
chises, the jobbery and fraud which characterized the whole proceeding — the ne-
gotiations would come to a sudden end. Knowing this, the conspirators, safe in
the protection of Grant's favor, locked him up. For his boldness in calling the
attention of the State Department to this inexcusable outrage, J. Somers Smith
was removed, and Raymond H. Perry was sent to San Domingo in his place as
commercial agent.

IV.

BABCOCK, AIDE-DE-CAMP TO U. S. GRANT, MAKES A TREATY.

On the fourth day of September, 1869, the bases of a treaty between the United
States and the Dominican Republic were reduced to writing as agreed upon — so
runs the olEHcial document — "by General Orville E. Babcock, Aide-de-camp to
his Excellency, General Ulysses S. Grant, President of the United States of
America, and his special agent to the Dominican Republic, and Mr. Manuel Maria
Gautier," Secretary of State, etc., of the Dominican Republic.

The first article of this protocol will bear careful reading :

1. His Excellency, General Grant, President of the United States, promises, privately, to use all
his influence, in order that the idea of annexing the Dominican Republic to the United States may
acquire such a degree of popularity among members of Congress as will be necessary for its accom-
plishment ; and he offers to make no communication to that body on the subject until he shall be

418 THE SAN DOMINGO JOB.

certain that it will be approved by a majo^itJ^ Tlie acceptance of annexation will oblige the United
States to pay the Dominican Republic the sum of $1,500,000 in coin, in order that the republic may,
AS a state, pay its public debt, which is estimated at the sum of $1,500,000 in coin ; and the Domini-
•can Republic, on its part, agrees to conform its constitution to those of other states of the Union.
In the event that the Dominican Republic's debt should exceed $1,500,000 in coin, the excess shall
be charged to the Dominican State.

In commenting on this in the Senate, Charles Sumner spoke as follows :
Here you see how this young officer, undertaking to represent the United States of America,
entitles himself Aide-de-camp to his Excellency, General Ulysses S. Grant, President of the United
States of America, and his special agent to the Dominican Republic. Do you know any such officer
in our government as Aide-de-cump to his Excellency, the President of the United States ? Does
his name appear in the constitution, in any statute, in the history of this republic anywhere. If it
■does, your information, sir, is much beyond mine. I have never before met any such instance. I
believe this young officer stands alone in using this lofty designation. I believe still further that
be stands alone in the history of free governments. I doubt whether you can find a diplomatic
paper anywhere in which any person undertaking to represent his government has entitled himself
aide-de-camp to the chief of 'the state. The two duties are incompatible, according to all the ex-
perience of history. No aide-de-camp would be commissioned as a commissioner, and the assump-
tion of this exalted and exceptional character by this young officer shows at least his inexperience
in diplomacy. However, he assumed it, and it doubtless produced a great effect with Baez, Caz-
neau and Fabens, the three confederates.

By the other articles of this protocol (2) the price of Samaua was fixed at
$2,000,000. (3) Grant agreed to pay $150,000 down. (4) The United States Gov-
ernment agreed to protect Baez during the negotiations. (5) Absolute secrecy
was enjoined. (6) Baez agreed to solicit his Senate to sell Samana.

With this basis for a treaty Babcock returned to Washington and left poor
Hatch in prison.

V.

RAYMOND H. PERRY INTERFERES AND GETS INTO TROUBLE.

Raymond H. Perry, the newly-appointed commercial agent, sailed for San
Domingo on the 3d of November, 1869. He found on the steamer " Colonel "
Fabens, to whom Babcock had given him a letter of introduction. Perry was ig-
norant of diplomacy, and was a stranger in San Domingo. He was a native of
Rhode Island, and a relative of the famous commodore. He had served in the
war, winning distinction by his courage, but involving himself in several serious
quarrels. After the w^ar he went to Mexico to fight against Maximilian. When
the empire was overthrown he returned to the United States and was employed
on special duty by Gen. Sheridan, in Louisiana. He then drifted into Texas, and
served for a time as chief of police at Galveston. In October, 1869, he applied
for the office of United States Marshal for the Western District of Texas. The
conspirators in Washington, judging from his antecedents that he must be an ad-
venturer, thought they could use him, and therefore resolved to send him to San
Domingo. They discovered in due time that they had caught a Tartar.

On the outward voyage Fabens filled Perry with false accounts of the state of
affairs. He warned him against Hatch, who, he said, was a dangerous and
wicked man. He told him that Cazneau was a person of great wealth and influ-
ence in San Domingo, and that he was in regular correspondence with the AVhite
House. He urged him to seek Cazneau's friendship, as the surest way of making
a fortune for himself.

BABCOCK TRIES TO COACH PERRY.

Mr. Perry relieved Mr. Smith on the 16th of November, and learned from him
that Cazneau was a swindler, but that he was running the Dominican govern-
ment ; that he had been a bitter Confederate during the war, but was then a pro-
nounced friend of Grant. Perry also learned the facts in the case of Davis
Hatch, and immediately resolved to seek his release. Two days after his arrival,
Perry was told by Fabens that a man-of-war would arrive that morning with
Gen. Babcock on board. Babcock came, accompanied by Gen. Rufus Ingalls,

THE SA:N^ DOMINGO JOB. 419

l)earing with him a commission authorizing Perry to sign on behalf of the United
States the treaty which he brought with him, and which was substantially the
same as the protocol. They went ashore and visited Buenaventura Baez. Caz
neau and Fabens were present at this and all subsequent interviews. When the
treaty was read, Cazneau coolly proposed to draw up two separate papers, one to
place before the people of San Domingo, to influence the election, and the other
before the United States government, to keep them quiet. Against this crime
Perry sturdily protested, though Baez argued that if the elections went against
him he should lose his life. Finally this part of the scheme was abandoned, but
Babcock, before leaving the island, told Perry that he must trust implicitly to
Cazneau and Fabens ; that they represented large interests, and that he had large
interests with them. Cazneau also told him (this is all sworn testimony) that
Babcock and Ingalls had interests in real estate with him, apd that he (Fabens)
and their friends in New York had originated the idea of annexation.

PERRY TOLD BABCOCK IT WAS A JOB.

Perry bluntly told Babcock that this whole business looked to him like foul
play ; that Cazneau appeared to him dishonest, and that Hatch ought to be re-
leased. Babcock told him not to release Hatch; told him he was a dangerous
man, and that his imprisonment was necessary to the treaty's success.

After the departure of Babcock, Perry tried, in good faith, to carry out the in-
structions he had received from Washington. He placed no obstacle in the way
of annexation, but sought to promote the project. He saw that the election by
which the Dominicans were made to approve the plot was carried by force and
fraud. But he permitted Cazneau and Fabens to dictate his dispatches on that
subject. Presently, however, the indications of foul play multiplied around
him, and he resolved to reveal the truth to the government. He wrote at first
private letters to the Secretary of State and to Babcock. The secretary did not
reply. But Babcock and Ingalls hastened to write, telling him to leave all per-
sonal matter out of his official communications, and to speak encouragingly of an-
nexation. When Perry found that Cazneau was about to secure, through the
Dominican Senate, a large tract of public land in violation of the treaty, he ad-
dressed a communication to that body warning it not to make the grant. By the
rules of diplomacy he should have sent the communication through our govern-
ment, but he was not versed in court etiquette, and his indignation would not
brook delay. Cazneau was inclined to call him to sharp account for this inter-
ference, and, as usual, was backed by the Washington authorities. He gave
Perry to understand that he knew more about the policy of the United States than
its accredited representative.

When the success of the treaty was supposed to be assured, and not before, Da-
vis Hatch was released. On the 13th of May, 1870, he addressed from the Island
of St. Thomas a memorial to Congress claiming damages in the sum of $50,000
and asking the intervention of Dur government to help him in obtaining it. A
committee, consisting of James W. Nye, J. M. Howard, George H. Williams,
Willard Warner, Carl Schurz, O. S. Ferry, and George Vickers, was appointed
to inquire into the matter. Raymond H. Perry appeared before this committee
on the 9th of June, and testified to some of the facts herein set forth. His evi-
dence astonished the country and brpught the San Domingo scheme into disrepute.
Grant, Babcock, Baez, and the others found it necessary to postpone their
operations.

420 THE SAN DOMINGO JOB.

YI.

THE ATTEMPT TO KIDNAP MAJOR PERRY.

In December, 1870, President Grant, in his annual message, asked the appoint^
ment of a commission to visit San Domingo. The commission was accordingly
appointed, and after spending nearly $100,000 of the public money, its members
returned and made a glowing report to Congress, earnestly urging annexation.
But in spite of the glowing picture which these enthusiasts painted, Perry's
testimony was fresh in the public mind. Thereupon the conspirators resolved to
destroy this objectionable witness.

In February, 1871, W. B. Moore, who subsequently figured in the whisky
frauds, came up from Texas, where he had been serving as a carpet-bag assessor
of internal revenue, with a requisition from E. J. Davis, the carpet-bag governor,
for the arrest of Raymond H. Perry, for murder. This atrocious charge was based
on the affidavit of one ignorant and irresponsible man, who swore that about the
middle of December, 1865, he heard that a murder had been committed at a cer-
tain place, and on approaching the river bank he saw signs which satisfied him
that the body of the murdered man had been thrown in. But he did not see the
body, and he saw no one who had seen it. Nor was any one missing. But a
band of marauders had been through that region a few days previous, and they
were said to be under the command of one Raymond H. Perry. On such testi-
mony as that Grant and Babcock proposed to try an innocent man for murder.

BABCOCK FAVORS KIDNAPPING.

Babcock gave Moore a letter of introduction to Col. Whitley, chief of the

secret service, and Moore addressed Whitley in these written words :

I have a requisition from the Governor of Texas for the arrest of Raymond H. Perry, the ex-
commercial agent for San Domingo, who is charged with murder, highway robbery, burglary, and
horse stealing. As the integrity of the President is questioned, through the misrepresentations
of this fugitive from justice, it is highly important that his real character should be exposed at
once, and I depend upon you to learn his whereabouts and bring him to justice.

Whitley soon discovered that Perry was in Rhode Island, and that to secure

his arrest certain papers would have to accompany the requisition. Moore

then wrote :

The requisition upon the Governor of Rhode Island has no papers attached, but those accom-
panying the requisition on the Chief Justice of this district can be carefully detached and attached
to the former, if it is necessary to make the arrest in Rhode Island. * * * It is im-

portant that the arrest be made before the San Domingo matter comes up again in Congress, that,
the integrity of the President may be fully vindicated.

Nettleship, who figured in the safe burglary conspiracy, was sent on to Rhode
Island, and found Perry at his home, near Bristol. He reported to his chief :
"Perry is nobody's fool. There is no danger of his going away; but he is not
the man to be taken by force without the papers are all right."

The papers were all wrong, as the conspirators well knew, and Nettleship's
discovery of Perry's courageous character frustrated the plot for kidnapping him.
While he remained at large, and was the custodian of so many dangei^ous secrets,
it was not safe to prosecute the annexation scheme. It was abandoned for the
time being, with a view of renewing it at no distant day. But Buenaventura,
Baez was shortly deposed, and the foul partnership between him and the Wash-
ington authorities was thus permanently terminated.

So ended Grant's attempt to annex San Domingo to the United States.

THE HISTORY OF A CARPET-BAG GOYERIS^MENT. 421

THE HISTORY OF A CARPET-BAG
GOYERNMENT.

HOW SOUTH CAROLINA WAS SHAMELESSLY ROBBED.

The elections of 1876 swept from power the infamous Republican carpet-bag
government which had for j^ears dominated several of the Southern states. On
the 4th of March, 1879, the representatives of those governments, with one ex-
ception, departed from the Senate forever. That solitary exception, Wm. Pitt
Kellogg of Louisiana, is convicted of having obtained his election by fraud, per-
jury and bribery, and he will probably be expelled from the Senate at the next
session of Congress. Although the cormorants have been driven from the states
which they plundered, the memory of their deeds remains fresh in the minds of
the people. Their acts will not be forgotten so long as the taxpayers continue
to groan under the burden of indebtedness created to line their pockets.

These carpet-bag governments are responsible not only for the millions of
dollars of debt imposed upon an impoverished people, but for the utter stag-
nation of the business interests of the states which they controlled and the pros-
tration of all the rich material resources of an immense section of the Union.
Louisiana, Mississippi, Alabama, Florida, Georgia, North Carolina, South Caro-
lina, Arkansas and Virginia all suffered from the invasion of these pests, but
South Carolina alone has been able to make a record which shows in its clearest
light the manner in which these adventurers administered the affairs of a great
commonwealth.

THE SOUTH CAROLINA INVESTIGATION.

At the regular session of the general assembly of South Carolina in 1877-78
an investigation of the frauds perpetrated in that state under Senator J, J. Pat-
terson's regime was ordered. The report of this committee fills a volume of 937
pages. It became apparent to the thieves who had plundered the state as soon
as Hampton was elected governor that an investigation of their misdeeds would
be made. An exposure was certain to follow the investigation, which would
make every member of the Ring amenable to the laws of the state. Prison doors
yawned before them, and their only security lay in immediate flight. The ex-
odus of carpet- baggers from South Carolina in 1877 will long be memorable.
John Patterson remained in close cover at Washington pleading his privilege as
United States Senator. Chamberlain, Cardozo, Scott, Parker, Niles, in fact, all
the old administrators of the government and robbers of the treasury, fled from
the state. Some were arrested. Others were persuaded to return and give their
testimony under promises of immunity.

It was not difficult to obtain a true history of the frauds committed b}-- the
South Carolina Ring. State ofllcers, members of the legislature and sub-

422 THE HISTORY OF A CARPET-BAG GOVERNMENT.

ordinate officials came before the committee and unblusliingly avowed tlieir par-
ticipation in the frauds. There was no concealment of the crimes at the time
they were committed. The entire judiciary of the state was controlled by the
Ring. The judges were as corrupt as the legislators, and as long as the Republi-
cans were in power, the thieves scoffed at the idea of punishment. A majority of
the members of the legislature were ignorant negroes. The white men at the
head of the machine manipulated the negroes as they pleased, and dictated the;
laws of the state. ,

HOW PATTERSON AVAS MADE SENATOR.

In 1872 there were three candidates in South Carolina for election to the Senate..
They were R. B. Elliott, the especial champion of the negroes, ex Gov. R. K.
Scott, and John J. Patterson, president of the notorious Blue Ridge Railroad
Company and a prominent member of the Greenville Railroad Syndicate. In
the general state election of 1872 there had been a spirited campaign, from which
the victorious candidates came out with exhausted means. For the four years
preceding there had been a carnival of corruption in the state. Many of the new
legislators came fresh from the cornfields and log cabins of the rural districts, clad
in the homely garb of labor, but, unfortunately, ^'earning to exchange the raiment
of honest poverty for "fine clothes," such as decked the persons of their prede-
cessors returning from previous sessions of the general assemblj^

Patterson established headquarters over a bar-room in Columbia, and his strikers
announced that he proposed to be elected to the Senate, and was willing to pay
for it. The evidence taken by the committee showed that Patterson bought the
votes of scores of assemblymen, paying from $200 to $1,500 apiece, according to
the estimated value of the men. Patterson's election cost him between $50,000
and $60,000 more, as he expressed it, "than the d — d thing was worth." The
committee, in its report, says :

In conclusion, the undersigned respectfnlly report that the election of Hon. J. J. Patterson to
the Senate of the United States, on December 10, 1872, was procured by corruption and bribery.

They would further remark that the legislature of 1872-3 was largely composed of new mem-
bers, and that they were most solemnly pledged to a correction of past abuses and to the inaugura-
tion of real reforms. Some of the members, who may have been unfit for the discharge of the im-
portant duties of legislation by reason of ignorance, yet came to Columbia with a desire, in an
humble way, to do wnat was right. John J. Patterson enjoys the unenviable distinction of having
been the first to place before them ihe poisoned chalice of temptation, and to corrupt them with its
enticing draughts. Need we wonder that they were intoxicated and fell ? Then followed a wild
saturnalia of public plunder, the record of which furnishes nothing which is at all pleasant to inves-
tigate or to perpetuate in history. But it is due to the cause of good government that the story of
the crimes and disasters of the past few years should be written in the journals of .our courts of
justice in order that it may be a warning to all servants of the people of all political parties of the
present and of the future not to prove recreant to high or humble trusts of the republic. Let it also
expose the dangers menacing a government resting on any other foundations than those of educa-
tion and good morals.

PATTERSON'S SUBSEQUENT HISTORY AS TOLD BY HIMSELF.

The following letters were written by John J. Patterson to Gen. H. C. Wortli-
ington, collector of the Port of Charleston, S. C. , during the last four years of
Grant's administration. They partially tell the story of Patterson's infamous
career. The letters begin just after Patterson's election to the United States Senate,
when he was in fear of an indictment for bribery, and shed light on various local
frauds, and give an insight as to the employment of troops in 1876.

WATCH THE GRAND JURY,

United States Senate Chamber, )
Washington, January 3, 1873. j
My Dear General : I am terrible hard up and run down to less than a hundred dollars. I have
drawn a draft on you at 30 days for ^500, on which Sawyer got me the money. Please accept it,
and by that time we can provide for it. Perhaps we can get Gurney to help us a little then, as the
taxes will he partly paid in then, and money will be in the hands of our friends. I will return to
Columbia about the 20th, and we must then make a bold push to pass some bill. Get Bowen [an

THE HISTORY OP A CARPET-BAG GOVERNMENT. 423

ex-CougresBinen] to talk to Jerry, and if he will take hold I want him to introduce our bill, I see
Neagle tried to kill Moses. How lucky for the state he did not succeed.

I find a good feeling here toward me, as the result of the investigation we had at Columbia. I
feel easier than I ever did, and don't think we have anything to fear from an investigation, even if
the Senate should order one, which is very improbable. I hope you will watch the jury matter at
Columbia. Dennis is our friend, and will act in our behalf. Get him to let you know when the
names will be made out, and, when drawn, you had better, if possible, be there. As soon as a vote
is taken on Williams' case and the Civil Rights Bill, I will be ready to go home. I would also like
to be here to vote on Shepherd's appropriation for the District. Let me hear what Bowen can do
with Jerry, and if you have seen Moses, and how matters are generally. 1 am happy, only infer-
nally poor, but getting used to it.

I saw Jane. She swears at you, and then longs to see you. She says she is after some rich fel-
low. I am not in that list, and still feel weak on the charity fellow. Tom Scott will try to pass
his bill. If I can only bridge over the bloody chasm for two or three months I will be all right.

Yours truly, JOHN. J. PATTERSON.

p. s,_ Send on the two notes I sent you from Columbia, as I will fill them up and renew the
notes in the Juniata Valley Bank and put them off until April.

NEARLY BROKE, AND THAT GRAND JUltY TO BE SEEN.

United States Senate Chamber, >
Washington, January 16, 1873. j

My Dear General: I have been in such an uncertain frame of mind I have delayed writing you.
I saw Scott [Col. Tom] last Sunday a week ago, and he promised me lo raise what I needed to pay
my debts, but has not done it yet, and says money is so tight he cau't do it now. It is true money
is awful tight at the North, but I don't believe him, and I think the trouble about my seat, or
rather, fear that there will be a contest, deters him from advancing. I am going over to Phila-
delphia this evening to see him, and hope to get some, as I am nearly broke, and must raise some to
pay spme of my pressing loans. All this, of course, is strictly confidential.

The case of Caldwell [a Kansas Senator undercharges of bribery, and a fellow Pennsylvanian of
the Kemble school] frightens them. It looks ugly; but he says he will clear it all up, and if he has
half a case the Senate will keep him in. I am very anxious for him to succeed, as it will help me
by discouraging any attempt in my case.

I can hear of no effort to be made here. Elliott [colored Congressman] is here, but I can hear of
no action on his part. The Senators of both parties ^reet me very cordially and seem glad I beat
Elliott, and I am satisfied they will give me a fair chance. Now, I do not wish to return to
Columbia as long as the legislature is in gession, as I do not want to see some of those fellows.
There is no use of my going unless something turns up at the court. Can you manage that through
Runkle and Dunbar, if I stay away, if any attempt should be made ? Carpenter was here and is-
all right, and you can confer fully with him. If I am away and it is done it would look better,
but of course I will go if it is necessary. If I could have raised money I would have telegraphed
you to come on, but I was too poor, and thought we could not enjoy ourselves when both were
broke.

I saw Mrs. B. [the seal-lock lobbyist] in New York. She is happy and salubrious. The other
fellow [Gen. Roddy] has not returned from Europe.

It is evident that Ryan and McAdden want to sell the N. and F. R. R., as by the terms payment
can be made in bonds and coupons. They will buy it and hold it themselves. It is impossible to
get Scott [Col. Tom], or any one else, to go into New Railroad schemes now, as money is too
scarce.

Now, as to the scrip [Blue Ridge Railroad]. If it fails I will be in a bad way; audit is all
Neagle's fault. He is so bull-headed and nearly always wrong that he ruins every one connected
with him. I still have hopes that some good may come of his plan. Robertson [then United States
Senator from South Carolina] has been active for me in setting things right, and done me great
good. He will act in harmony with me in regard to the appointments, and seems very kind and
cordial and accommodating.

I want badly to see you. but think it better for you to remain there until I return, or until after
the February court. You should see about the grand jury and the right man for foreman, as he
will have power to help us. After it is all over, and if I can raise some money to keep us both
going, I want you to come here, and we will remain here until I am sworn in. There will be an
executive session cf the Senate for a few days. .

I have written Jacobs to-day fully, and am sorry I have to write you so much bad news, and
hoped to wait for better. However, we should not complain. Even after a victory it requires time
to repair damages, and we must be economical and virtuous until we repair damages. The future
looks very promising, and we will flourish.

» Good-by, old fellow, and may God bless you and keep you from temptation! Tell Miles [Parker]
his old friend Whitney is at the Arlington, and is known as the rich and gay Southern widow.
Such is life in Washington. I have been nearly tempted several times, but I have resolved to fear
God and eschew evil, and you should do likewise. I will keep you posted as to my whereabouts so
you can write or telegraph me. Yours truly, JOHN J. PATTERSON.

HEART BOWED DOWN — THAT GRAND JURY MUST BE WATCHED.

J. J. Patterson, President. F. S. Jacobs, Sec. and Treas.
[Cut of train of cars.]

Office of the Blue Ridge Railroad Co.,
Columbia, S. C, Dec. 25, 1873. f

My Dear General: I have no heart to write or do anything. It is a sad Christmas. You of
course have heard of our being completely cleaned out. The secret history I will tell you when I
see you. Frank [Gov. Moses] did not sell us out, only he had not the courage to make a fight for
us when it was necessary. He is not so much to blame as some others. Old Wesley and Neagle,
the one through stupidity, the other through worse, did more to defeat us than any one else. It is
a long story, and I want to forget it. The only hope is to pass a bill when they meet again to pay
ecrip m bonds at par. This we can do. Cardozo [state treasurer] assures me he will nelp. Per-

424 THE HISTORY OF A CARPET-BAG GOVERNMENT.

haps we may get them to allow interest on the scrip. I have given it two months' hard work, and
am feeling very badly. Can Bowen do anything with Jerry to make him go right? They seem
cross at us both [I mean Gilleon and Jerry].

I must go to Washington, and would like very much to see you. I can neither sell or rent my
house, anawill wait until February. I will return here after the legislature meets to try it again,
as it is my only hope. My great trouble is how to bridge over the next two months. Can you or
Gurney help me in any way? I need five hundred dollars very badly. It seems very strange, the
warehouse and drayage all at once turns out nothing when there is so much business in port and
when other years it paid so well. Shepherd got no appropriation before the recess, and you can
get nothing there. Curse the luck. Everything goes wrong.

I hear no more stories of bribery, except that I paid Coleman $8,000 to dismiss the case. I wish
I had half that much. Jones was arrested and gave bail. Moses agrees to appoint- Dennis jury
commissioner. The jury matter must be watched closely, or it may lead to trouble. I must go
to Washington, as it will not do to stay away any longer. Could you come to-morrow night and
let us look over matters? I forgot to send you Mounce's name, although I presume you got it from
the newspapers. It is W. H. Mounce, but I can't find out what the W. stands for. You had better
write to him and inquire. I will start on Sunday or Monday.

Telegraph me if you can come up Friday night. Wishing you had more pleasure to-day than I
have had, I remain, Yours truly, JOHN J. PATTERSON.

DEAD BROKE, AND BOSS SHEPHERD'S APPROPRIATION NOT MADE.

Columbia, Dec. 27, 18T3.

Dear General: I enclose you note indorsed, which you can fill up. For God's sake try to get it,
or I can't go to Washington, as I am dead broke and can't raise any money. I loaned some money
around and now can't get a dollar in return. Try early Monday morning and telegraph me. If
j'ou fail I don't know what in the hell to do. If you get it, telegraph me here, and get a draft pay-
able to my order and forward it at once to me at Washington.

Be sure to give Mounce a place or he may go back on us. After you see the appropriation made
for Shepherd you should come on, and we will try to get something out of him. That will not be
until February. Hoping to hear from you favorably, I am yours truly,

JOHN J. PATTERSON.

I inclosed two [notes], thinking it might be easier to get two discounted for $250 each at differ-
ent banks.

IP DENNIS IS JURY COMMISSIONER ALL WILL BE WELL.

Columbia, Dec. 29, 1873.
My Bear General: Your despatch received, and was more bad news. I start to-morrow, and
what I am to do is a mystery. If you possibly can get $2.50, do it, and send it to me. Moses will,
he says, appoint Dennis [jury commissioner], and if he does Dennis will be all right. See him
when he goes to Charleston on 1st January. I make Frank [Gov. Moses] believe we do not blame
him, and put it all on Cardozo; and when you meet him be friendly with him, and say that we do
not blame him, and that I have written you that way. We must keep in with him, and, if possible,
get something for our scrip, so we will have it out of the next campaign.

Try, if possible, to raise me $250 on one of those notes. Write me to Washington. Be sure to
attend to the drawing of the jury. Gen. Robertson is here, and says I have trouble ahead in Wash-
ington—that them attacks have done me harm. Good-bv.

^ Yours truly, JOHN J. PATTERSON.

KEADY FOR A HELL OF A FIGHT.

United States Senate Chamber, |
Washington. Dec. 11, 1874. j

My Bear General: Yours received. I am not despairing of the party or the Republic, and am
ready for a hell of a fight, and only regret we must wait so long ; but I feel hurt that Chamberlain
should go out of his way to insult me by appointing such a fellow as Jones, who is no one's friend,
only Cardozo's spy, and who abuses me on all occasions. Puffer, Solomon, Judge Carpenter and
myself went to him and asked it should not be done, and he assured us he had made no such
promise. It was a deliberate lie, and a mean one, and he should be ashamed of himself. When I
think you and I, Puffer, Carpenter, and only a few were his friends over a year ago, and deter-
mined to make him governor before Melton or Cardozo believed he had any chance, it seems very
unkind in him to disregard our wishes. As he, Cardozo and Elliott offer us no share of their patron-
age, I propose that we use our patronage entirely for our own benefit, but not now, as it is time
enough. <

No doubt Chamberlain thought it would soothe us by writing to you that he would stand by us.
I do not know that wc need his help, and let him show his gratitude by refusing to give our enemies
places. Rainey is very much excited because I will not help to remove Sam Lee, and he can't do-it
without me. There is no use in our quarrelling with these enemies when they feed us. We made
ourselves odious to the people of the state by fighting the battles for Elliott and Chamberlain, and_
now they are willing to see us cursed if they can be praised. We hold the cards and I propose to'
play them in future for our benefit. When you come up we will talk the whole matter over.

1 trust Bowen and Puffer will get their jud^^e, but Chamberlain told me he was opposed to
Baker because he was a carpet-bagger, and it would not do to run that question too strong. I felt
cross then, and told him he had better not talk that way or it would ruin him. From that time
I gave up my confidence in him. I know he will cheat all our friends in the state. Like Moses,
he will think it best to break us all down, and, like him, he will fail. I am in good spirits and
having a good time, and do not want to change my luck. Yours truly, J. J. P.

HELL AND THE POORHOUSE NOT FAR OFF.

United States Senate Chamber. I
Washington, Jan. 23, 1876. j"
Bear General: I have delayed writing, intending to go South if necessary. I do not think it is
at this time. The grand jury will be drawn this week, and as soon as we know the complexion of

THE HISTORY OF A CARPET-BAG GOVERNMENT. 425

It we can tell where we are. I look for the worst kind of jurors, as the Chairman of County Com-
missioners is George Davis, a Democrat, but I guess Nash can do something with him. After the
^and jurjr is announced it will be time enough for me to go down.

Baldwm writes me that Warner told him that owing to the reduction nothing had been paid np,
and the matter was dropped. When Cunningham [Mayor of Charleston] taxes his policemen $20
per month for three months, on a salary of $60, to raise money, I think your employees, with sal-
aries ranging from $750 to $2,500, should help to carry the load. To-day they all hold their places
through me, for, if I would join in the effort to turn you out, there would be no one to oppose it,
and they would all be turned out, and would soon find their present salaries three times what they
could make outside. However, I am glad they did not give anything, as it might be brought up
against you and me in the fight against you. I will stand by you, but hereafter hope you will. not
hesitate to turn any of them out to make room for some one who can help us politically. These
fellows do not thank us, and I propose to disregard their interests hereafter. As I said, it is well
nothing has been paid, and I ask that nothing shall be, as it will only be used against us.

No matter how much I do for other people, no one is ready or able to help me. You are the
•only one who tries to help me, and I certainly appreciate it. If I would consent, every Federal
officer would be removed except Corbin and Bowman. I confirmed Corbin [U. S. district attor-
ney] to show him I would keep my promise, and if he breaks his to me I can't help it. You and
Bowman made me go for him.

I see no way now to hold my house. If I had not relied upon the money you expected to raise,
I would have brought my furniture here, but it is sold, and Baldwin got the pay, and I suppose now
I am to lose house, f urnfture and all. Well, every day things get worse. Hell and the poorhouse
can't be far off !

Of course, we conld not tell about the reduction, but where there is a will there is always a way.
Now, let it go, and do say, or do nothing but tell the committee to drop it finally. I can't raise the
money to furnish this house, and, with a prospect of indictments ahead and lawyers' expenses, I
■do not wish to go in debt. I am so much troubled sometimes I get perfectly desperate. What a
fool I was to impoverish my family and myself, and to render myself liable to prosecutions, in
order to secure and hold an office to benefit every one but myself. Hereafter I propose to only help
them who help me. I am getting very poor at the generosity game. Spencer [Republican Senator
from Alabama] told me his Federal officers raised him ten thousand dollars in one year, and he has
not as many as we have, I don't believe.

I talk thus freely to yon, as we understand each other. We have been too easy and too free
with our former favors and patronage. It may be too late, but let us help ourselves. Cass Car-
penter is here, and gives me all the news. I have read Whipper's speech. It is heavy, but true
and just.

Everything here is all right. Everbody is getting Radical, and the whole North is waking up to
understand the Southern question. A united Democratic South has alarmed the North ! You are
all ri^ht, and I do not fear any danger. All our friends will stand by us. After we hear about the
grand jury we can determine about my going down or your coming up. I will write Dennis
Ljury commissioner] to write me as soon as it is announced. Cass will also write me.

I am very well. Willie is here from school. I really could not afford to send him. He is young
yet, and may go hereafter. He is my clerk. Your friend,

J. J. PATTERSON.

A HELL OF A TIME, BUT BOSS SHEPHERD A TRUMP.

United States Senate Chamber, /
Washington, May 8, 1876. (

Dear General : I have had a hell of a time with your bond. Park, the agent, reported against
its sufficiency, owing to the condition of Solomon and Dunn, and the fact that McKenley and Tom
Johnson were on other bonds. He did all he could to damage the bond, and Bluford Wilson [So-
licitor of the United States Treasury] decided it not good. H. C. Johnson [Commissioner of Cus-
toms] said he would overrule Wilson if I could get a strong man on here. I went to Gov. Shepherd
and told him how you were bein^ persecuted, and asked him to go on. and this morning, like a man',
he went np and went on the bond and justified in $50,000— thns taking the whole bond upon him-
self if your other sureties are not good. The agent reports Gurney and Bart good; McKenley and
Johnson and Sanborn and Howard only probable, and Solomon and Dunn not good.

As soon as Shepherd signed the bond, Commissioner of Customs Johnson at once approved the
bond, so it is all fixed. I want you write Shepherd, thankin;^ him for his kindness. Mr. Rawlins
was present and told Shepherd the condition of the office and accounts. Johnson told him it was
one of the best offices in the country. Now say nothing to any one, only keep quiet and your own
counsels. You have triumphed, and that is enough.

Butts has injured his case by rushing into the newspapers, and I think the result now will be
that Mackey will be ousted and a new election ordered. I wrote that Bowen and friends would
consult with Elliott and others and agree upon a candidate and a programme. Whoever is the can-
didate must agree to raise money, and if he can't he should not ask us to support him. Grant
seems unwilling to remove Bowman now without cause. Jewell [Postmaster-General] seems will-
ing to do it, but Grant, as usual, hesitates to do what is decent. I have kept it very quiet, and want
you to say that no effort is being made to remove Bowman. I will get him out after a while, only
I do not wish to make a losing fight.

I am awful poor and do not know what to do. Is there any possible chance for you to take care
of a draft for $500 ? I go to the Centennial to-morrow with my wife, but we only remain there on
Wednesday and return on Thursday, and go by special train to York, so that I have not written
Mrs. W., as she would not desire to go over for one day. We go over because we are to go as dead-
heads. Mrs. P. and the boys will go over again in June, and I think Mrs. W. had better go then
with us, and you will be here and can go along.

We had the Emperor [Dom Pedro] in the Senate gallery to-day. He is a good-looking man and
travels quietly, ana goes about like a private gentleman.

I am glad Stone was appointed. It will show Elliott how Chamberlain feels. I had a letter from
Judge Carpenter, who is still for fight. I am anxious to see you all, but will wait until we get to-
.gether in J une. I am afraid Cass Carpenter will fail in his bond. Corbin has it now. I think Don
Cameron will go into the Cabinet in a few days, but I do not know in whose place. Say not a word
about it. Glad Jo Cain beat Mackey. Your friend,

JOHN J. PATTERSON.

426 THE HISTORY OF A CARPET-BAG G0VERNME:NT.

DON CAMERON WILL RESPOND FREELY.

United States Sei7Ate Chamber, )
Washington, July 30, 1876. f

My Dear General: Your letters have all been received and read with pleasure. I have not
answered because I hate to write letters and have little to saj\ We are waiting, but everything is
uncertain, and no one can tell when we will adjourn. We will stand out, and if the House insists,
we may not adjourn unless Grant sends us home by cause of disagreement on adjournment. I have
been at Morrill [Secretary of the Treasury] to approve of Shine's removal, and he has agreed to do
it. Yesterday I was there, and Conant [Assitant Secretary of the Treasury] sent for the papers and
promised me to attend to it, and I guess he will. I will see him to-morrow again. I am watching^
things at home with great interest and am very anxious to go and will be there by the 15th, if not
sooner. I will give up Congress, as I want to be at home and take a hand.

I have much to tell you, but can't write it, and will wait iintil I get home. Don Cameron is all
right, and we can get all the help we want. I go to New York Tuesday, to attend meeting of exec-
utive committee [National Republican] on 2d August, as I am on it. Potter goes out as architect.
That is good. Gov. C. was very anxious while here, and I told him I guess we would be all right.

I hope the Dems. will nominate on 15, and then we can throw Gov. C. overboard, and there ij
no one that can offer him belter terms than I can. He will trust us before those other fellows.
However, it will be time enough when I get down. Smalls is very bitter against Gov. C. You get
all the news in the papers, while I can tell nothing of S. C. affairs from the papers.

Yours truly, J. J. PATTERSON.

MODEL LETTER FROM A UNITED STATES S3NATOR.

United States Senate Chamber, |
Washington, July 22, 1877. j

Bear General : Yoma receh-ed and of course gave me great anxiety. I have employed Colonel
Cook, one of our shrewdest lawyers, and he says they can only require me to give bail here, and
that I can demand a hearin«j, and they must prove their case, and that I can offer proof of my
innocence, and if the commissioner thinks proper he can dis^charge me. He says I can resist even
if I am indicted, which cannot be until October. Judge Cartter would grant the requisition, and
he is all right. It will be so apparent an effort to get me out of the Senate that every one will
understand it, and make me friends and create sympathy for me. I will keep a sharp lookout, but
in no event shall I be taken back to S. C.

Dennis is staying here, and seems very uneasy. I have seen Scott to-day. He is uneasy, but
pretends otherwise. I can't think they will attempt to send for any of us without an indictment.
I will telegraph you if they come for me, and I may need your testimony in my behalf, and vou
will understand if I telegraph you to come here. Now to pleasure:

One day last week I saw a splendid looking girl in the Ninth street car. I was bad struck. I
saw her another day in a store. On Friday I wrote a note to your friend Miss Van Buren to meet
me at Crosby's on Saturday, but she did not come. I sent her a note that I would like to see and
say where I could see her, and she sent me word to come and see her at her rooms yesterday at 4,
and when I went, found her to be my street car lady. She is gorgeous. She put on airs, and wa&
very stiff, and I made an excuse that you wanted me to help her to get an office, and had asked me
to call, but I had forgotten her address and had written you for it. She seemed afraid of me, was
engaged last evening, said she would go away to-day for a few days. I asked her to let me know
when she returned, and she only half promised. She said she was going to write you, and if she
does, tell her I will befriend her. We must not let that go out of the family. Keep up heart; keep
me posted. Your friend, PATTERSON.

DON Cameron's order means "biz."

United States Senate Chamber, j
Washington, Aug. 18, 1876. f

Dear General : I enclose you Bemy's appointment. Have him make up a strong bond, as
Senator Robertson will strike at it. Have it approved by Corbin, if possible. Say nothing, and
keep it quiet if you can. Sheer's removal was ordered to-day. I am getting things ready so I can
go down, and expect to start on Monday or Tuesday.

Hampton's nomination will unite our party and prevent any bolt, and if we throw Gov. C. off
he must still support the ticket. Don Cameron's order [sending troops to South Carolina), means
" biz." We will get all the troops we want. I had them ordered to Laurens, Edgefield and Black-
ville, and we will liave other places tilled.

I have very much to tell you, but will wait until I see you. Everything looks well and our
friends are very confident. Yours truly, JOHN J. PATTERSON.

BLAINE, HALE AND FRYE WANT ME IN MAINE.

United States Senate Chamber, )
Washington, Aug. 26, 1876. f

My Dear General : Your letters all received. I can't leave here until after next Wednesday, and
I hope by that time Bemy's bond will be received. I would like to be here to help it through, as
Tom Robertson may object to it. I ^uess it is as well for me to be away from S. C. just now. Lei
Dunn and D. H. C. fight, and let us be friendly to both, and when the Convention meets we will
know what to do. I do not know what is best to do even if I can be nominated [fo'r governor] ,
but you and Bowen and I will talk it over.

Shine's removal has been ordered, and I presume you have the secretary's letter. Hiram goes
out and Stolltsund takes his place. I found Grant wanted to give him some place, and proposed
this. He is our friend, and will do what you want. But don't say I had it done. I could not get
it for Dennis, and when I found I could use (name illegible), thought it would be wise to do it.

I guess I am doing as well here as if I was at home. Blaine, Hale and Frye want me to go to
Maine and repeat my speech there. I would like to go on Thursday next, and stay so I could
reach Columbia on the 11th. If you think I could stay away telegraph me. My speech is univer-
sally commended, and is highly spoken of. I guess it was a success. Keep me posted. I hope
Bowen will succeed in his matters. In the meantime, I have a little good (rye). Don't you take
water, old fellow. It is good to see the Reps snub D. H. C.

Your friend, JOHN J. PATTERSON.

THE HISTORY OF A CARPET-BAG GOVERNMENT. 427

TELL AS LITTLE AS POSSIBLE.

Ukited States Senate Chamber, I
Washington, July 28, '77. j
Dear General: Just returned ; have seen Jake, He is all right, and will do what is wanted. I
have received your letters, and also your despatch saying you are summoned. I would go, and
refuse to answer anything, especially on the ground of your being counsel for Parker and Scott and
Moses. You can prove that by Jacobs and me. Tell them you only knew of the Mooney and Leg-
gett warrants as counsel. The story of Moses about those certificates is all stuff. If ever I bought,
any it was on the street. He can't substantiate this story, and Jacobs and I know it is not true, but.
don't say anything about it. Tell the committee as little as possible. In regard to my election,
decline to answer on the ground that you were my counsel and acted as such, and all you know wa»
obtained in that confidence. They can't commit you for contempt until the legislature meets, and
by that time I think we can have it stop'd, or you out of their reach. Write me after you testif jr.
I send this to Columbia. I still do not think they will find anything against you and me except n\
regard to my election, and I do not believe they will press that. I still think they will let you and
me alone. I am anxiously looking for Butler. If he is in Columbia let me (know), and find out
when he is coming. I care nothing for what Moses may tell or say. I will write you to-morrow
again. I will keep Jake posted.

Yours truly, J. J. PATTERSON.

A MODEL CARPET-BAG LEGISLATURE.

' 'A state has no right to be a state unless she can pay and take care of her states-
men," said the Hon. C. P. Leslie, a carpet-bag State Senator of South Carolina.
This opinion met with the unanimous approval of every other Republican in both
branches of the assembly. Right nobly did South Carolina take care of her
"statesmen" under the carpet-bag regime. The supplies purchased during one
session of the legislature, under the head of ' ' legislative expenses, sundries and
stationery," cost |350,000, of which sum not less than $125,000 was paid for "re-
freshments," "wines," "liquors" and "cigars." The legislative duties of the
South Carolina statesmen were extremely fatiguing. The climate of the country
being naturally enervating, it became necessary for the assemblymen to provide;
some place where needful repose might be obtained. A large room in the State
House was fitted up in the most elaborate manner. The walls were magnificently
decorated, furniture the most costly was purchased, and every luxurious appli-
ance necessary for the bodily comfort of the members and pleasing to their artistic
tastes, so surprisingly developed, was obtained regardless of cost. Nor were
their grosser natures neglected in this legislative retreat. Westphalia hams, Bo-
logna sausages, imported cheeses, gilt-edge butter, sardines, smoked and canned
salmon, beef, buffalo tongues, fresh oysters, mushrooms, guava jelly, pickles,
brandy cherries and peaches, French chocolate and other refreshments filled the
larder. Bottles of various brands of champagne, Moselle, Catawba, Chateau la
Rose, La Fitte, sherry, Madeira, cognac, rye and bourbon whiskies, gin, rum and
bitters were on hand to promote digestion. Negroes whose only acquaintance
with tobacco previously had been the mastication of horse-leg plug and manufac-
tured leaf, smoked imported brevas, partagas, espanolas, conchas and other brands
of choice cigars. The champagnes cost $40 per case, port wine $40 per dozen,
brandy $20 per gallon and other articles in the same proportion, all paid for by
the state.

A WONDERFUL BAR-ROOM.

The State House bar-room was kept open from 8 A. M. to 3 A. M. There the
state officials, judges. Senators, members of the House, citizens generally and in-
vited guests assembled and discussed affairs of state. The legislators of South
Carolina developed a fertility of resource, a knowledge of mankind and a true
insight into the needs of the commonwealth under these circumstances which is
unequalled in the history of legislation. The investigating committee examined
the barkeeper of the State House restaurant. Although familiar with social resorts
of large cities, the barkeeper said that "he never saw a bar-room equal to the
State House restaurant for drinking, smoking and talking." The amount of

428 THE HISTORY OF A CARPET-BAG GOVERNMENT.

liquor drank averaged several gallons a day, not including wine and beer. Suffi-
cient cigars to supply the demand could not be kept on hand, as the legislators
always filled their pockets when they put their hands in the box. The state, more-
over, paid for large quantities of liquors and cigars furnished members at their
boarding houses. On March 4tli, 1872, one dealer furnished the Senate with
$1,631 worth of wine and liquors, and on the 7th, three days later, he sent to the
Senate $1,852.75 worth, aggregating $3,483.75 in that brief space of time. The
liquor bills were always promptly paid, while the free schools were closed, teach-
ers unpaid and 1;he inmates of the lunatic asylum were suffering from lack of
proper clothing and food. The following is a literal copy of one of the bills found
among the vouchers of the clerk of the Senate :

Columbia. Feb 22th 1872
Gov. A. J. Ransieer Dr.

To Joe Tatlor

for licours and segars and other Articulars $280 00

Eecuieved paymen

Joe Tatlor.

During watermelon time the negi'O legislators revelled in the delicious fruit, as a
bill of $1,080 presented by a fruiterer shows.

FURNITURE BOUGHT BY THE STATE.

Not in the purchase of wine, liquors, cigars and watermelons alone did South
Carolina show her liberality toward her "statesmen." The state bought furni-
ture for the members of the legislature. Over $400,000 was paid for furniture
within four years, and at the expiration of that time there was by appraisement
$17,715 worth of furniture in the State House. Members who had rarely enjoyed
the luxury of sleeping on anything softer than a husk mattress or bundles of straw
came to Columbia and furnished their beds with sponge mattresses as naturally as
though they had lived lives of voluptuous case. When the pattern of the Wilton
carpets upon the floor of their apartments failed to please the eye, or the color of
the satin upholstery became tiresome, the colored gentlemen shipped it off to
their log cabins in the country and ordered a new outfit. Rooms were re-
furnished as often as three times in the course of two years. At the expira-
tion of a session of the legislature the furniture would be removed to the homes
of the members, never to be returned. A house of ill-fame in Columbia was
furnished at the expense of the state. Musical instruments were bought with the
public funds, and the sweet strains of the melodeon and accordeon helped the
members to wile away their leisure hours. Bills for carpets aggregating thousands
of dollars were paid; $68,000 was paid for stationery in one session. Gold pens,
jack-knives and bronze inkstands were consumed with great avidity; every mem-
ber (even those who could not write) was supplied with a Webster Dictionary
unabridged.

Diamonds were as plentiful in the South Carolina legislature as in the mines of

Golconda. Huge stones flashed from the white bosoms of the legislators with

dazzling radiance. Huge watch chains, from which depended expensive gold

watches, were hung about the necks of these "statesmen. " South Carolina paid

for these adornments. Mr. Woodruff, clerk of the Senate, kept a diary during

the era of this extravagance, and a glance at his memoranda now and then is

interesting. Here is one :

Wednesdat, January 15th. 1873.
Collected certificate for $945, and paid Hayden for Whittemore's watch. Gracious goodness !
Whittemore will have somewhere about ten thousand dollars this session. That ought to be satis-
factory. He is always, though, after one more.

Whittemore was a state Senator. The prudent statesmen stole the coal and

THE HISTORY OF A CARPET-BAG GOVERNMENT. 429

wood furnished for the State House. They also stole the stoves. Thousands of
dollars were expended for soap, towels and brushes. "Yerily," say the com-
mittee, "they should have been cleansed."

THE STATE ALSO PAY FOR RENT, ETC.

The state paid the rent of the rooms hired by members of the legislature and
the gas bills. R. K. Scott, Patterson's contestant for election to the Senate,
charged the state |3,249.60 for the rent of a cottage for one year which could not
be sold for that price. Accounts with ficticious persons were made out and paid»
the statesmen pocketing the money.

The ladies were not forgotten in the general steal. The wives and mistresses of
these men were kept in fine style by the state. The disbursing officers of the legis-
lature paid for ' ' insertions, " ' ' edgings, " " dress goods, " ' ' kid gloves, " " satch-
els," "colored hosiery," "ladies' hoods," "cambrics," "ribbons," "crape,'*
"scissors," "skirt braid," "buttons," "whalebone," "ginghams," "hooka
and eyes," "boulevard skirts," "bustles," "extra long stockings," "chig-
nons," " palpitators, " "garters," "chemises," "diapers," etc., etc.

In the jewelry and fancy goods line the state bought for her "statesmen " rich
sets of ' * gold jewelry, " ' ' finger rings, " ' ' watches, " ' ' ivory-handled knives and
forks," "spoons," "toilet sets," "pocket pistols," "tea trays," "cuckoo
clocks," " French vases, " "workboxes," " cologne extracts, " "gold pens and
pencils," " latest novels, " "chandeliers," "bronzes," etc.

The negro taste for bric-a-brac was amply gratified. "Fine crockery and
glassware, " " cuspidors, " * 'decorated candlesticks, " ' ' election tickets, " " lodge
circulars," "coal," "wood," "blacking brushes," "fruit jars," "wash-
boards, " " corkscrews, " " handsaws, " ' ' axes, " ' ' granite chambers, " ' ' cook-
ing stoves and utensils," "horses and carriages" — in fine, everything from a
wooden toothpick to first-water diamonds were bought by the state for the com-
fort of her statesmen.

The Republicans of South Carolina were plants of hothouse growth, and they
needed the tender care which they received.

HOW THE BILLS WERE PAID.

The carpet-bag officials of South Carolina did not pay their supply bills in

cash. The circulating medium was a slip of paper known as a " legislative pay

certificate. " These certificates were the fountain head of most of the frauds^

forgeries and perjuries in the state. The committee, in its report, says:

Through this source the most flagrant violations of law were committed, whereby the Btate was
annually robbed of amounts ranging from two hundred thousand to one million of dollars, includ-
ing fraudulent printing certificates, which were collected and divided between the officials, Sena-
tors, members of the House and political hangers-or of the administration. To perpetuate the
power and influence of the Republican party, it was necessary to have a ready andT unfailing re-
servoir of funds. No simpler or easier way suggested itself than the issuing of pay certificates by
the S|)eaker of the House and the President of the Senate. Thus it became not only possible but
practicable to perpetuate tho numerous frauds in the public printing and supplies, to which we
have already referred. Indeed, this, like the famous hydra, threw out itshundred heads, encircling
and poisoning every department of the government, and giving comfort and support to local lead-
ers. In its trail followed the low, despicable forgeries and perjuries necessary to effect the end
proposed. It is not surprising that the poor and ignorant members of the general a.ssembly fell
into these practices when they were conceived and brought forth by such adroit swindlers as those
who led. This immense fund produced and nurtured a bond Ring, a printing Ring and this legisla-
tive ring— the most popular, and at the same time most unscrupulous. It is evident, from the tes-
timony, that such a source of revenue as this was indispensable to silence any comiJlaint and to
pacify the fears of the timid and the greed of the avaricious, whilst the other great rings were m
successful progress,

THERE WERE MILLIONS IN IT.

In one session $1,168,255 in pay certificates were issued. This did not include
the printing certificates. Every dollar of this sum excepting $200,000 due the
legislature and the employes thereof was stolen. Ex-Gov. Frank Moses and

430 THE HISTORY OF A CARPET-BAG GOVERNMENT.

ex-Senator Patterson were the bright lights of the pay certificate Ring, The for-
mer issued the certificates and the latter purchased them.

The evidence taken by the committee showed that it was a struggle between
the bond Ring, composed of a limited number, and the legislature as to who
should receive the most of the money raised by taxation and the sale of bonds.
It was decided, on the principle of the greatest good to the greatest number, that
the members of the assembly should be the beneficiaries of this steal.

An unlimited number of certificates were issued on the order, written or verbal,
of the presiding officers and chairmen of standing or special committees. The
liquor, wine, furniture and supply bills generally were paid in certificates.

Certificates were used to bribe members to vote for bills concocted by the lead-
ers of the Ring. Large numbers of certificates, ranging in amounts from $500 to
$5,000 each, were issued. These were known as "Gratification Certificates."
This method was resorted to as the best way of harmonizing "friends," as the
leaders were then called.

In one session $250,000 of these certificates were issued on account of the Sen-
ate alone, and when objections were made they were met by the reply, "These
are small matters, and the state does not suffer from them ; it is only a fight
between the representatives of the people and the vultures of the bond Ring."

The clerk of the Senate often transposed the initials and changed the names of
the persons who received the certificates. The object of this transposition was
to conceal the amount of certificates issued to individual members of the legisla-
ture and state officers.

A certificate for $2,500, drawn to the order of "L. F. Christopher," for the pur-
pose of paying the expenses of a trip to Washington, went to F. P. Cardozo.
The true initials of Cardozo's name were transposed, but in such a manner that
there could be no' mistake as to who was meant. Another certificate for the same
amount to "J. M. Forman" went to ex-Gov. F. J. Moses. Certificates were
issued in this manner, and the proceeds divided among the cliques which con-
cocted the robbery.

IMAGINARY EXPENSES.

Thousands of dollars m certificates were issued to pay imaginary expenses.
False claims were made out by members of the legislature and paid. Fraudulent
pay certificates amounting to $5,000 were issued in the name of J. G. Gershon,
and divided between Speaker Moses and Lieutenant-Governor Ransier. Gen.
Dennis testified in relation to this transaction as follows :

The Speaker thought he ought to have something, and made out a bill for ^2,500, which, as
chairman, I approved. When the certificate was i)resented to Lieutenant-Governor Ransier,
Pret'ident of the Senate, for his signature, he refused to sign it unless he (Ransier) could be
paid an equal amount. I was sent for, and went down to the State House and found Ransier and
Moses in the Speaker's room. Moses said: " Gov. Ransier refuses to sign this certificate unless he
can have one for a similar amount. " So it was agreed that he should have it. The first bill was
de8tro5'ed, and the following (also entirely fictitious) was made out to cover the two amounts for
Speaker Moses and Lieutenant-Governor Ransier: .

State or South Carolina

To JOHN GERSHON, Dr.,
For room rent, fees, &c., for the Joint Special Investigating Committee in New York, $5,000 00

SAMPLE STEALS.

A $5,000 certificate was issued to Senator Whittemore to purchase portraits of
Lincoln and Sumner for the Senate. Whittemore drew the money, but the faces
of those honest statesmen never hung from the walls of the South Carolina Senate
chamber. The f ollovdng is a model order for a pay certificate addressed to Jones,
clerk of the House, by Speaker Moses :

Dear Osceola : Please make out a certificate for my pet.

Sincerely yours, F. J. M.

THE HISTORY OF A CAKPET-BAG GOVERNMENT. 431

Speaker Moses testified :

Some time dnring the session of 1871-72, John J. Patterson came to me and proposed that if I
-would turn over to him blank pay certificates he would have them filled up with fictitious names
to the amount of $30,000, and if I would sign them as Speaker, and have Jones attest them as
clerk, he would pay me $10,000, he to keep the certificates. I accepted the proposition, delivered
to him a batch of blank pay certificates, and he returned them to me filled out, I think in the hand-
writing of F. S. Jacobs, cashier of the South Carolina Bank and Trust Company, to the amount
above stated.

The evidence further shows that they were duly signed, and that Patterson paid Moses in cash
$7,000 at one time and $3,000 at another.

"Woodruff, clerk of the Senate, kept a diary, in which he entered his opinions
of what was going on with great freedom. This is a sample entry :

Tuesday, March 17, 1874.
Signed and gave out certificate.s to a great number to-day. Almost signed the state away. I
did hope that Gleaves and Lee would be able to stand the pressure. It's just awful!

LEGISLATIVE EXPENSES.

The total legislative expenses of the South Carolina General Assembly under
Republican administration, were as follows :

For 1870-71 $822,608 83

For 1871-72 1,533,574 78

For 1872-73 908,855 00

For 1873-74 922,536 00

The legislative expenses in 1876-'77, under Democratic administration, were
$84,096. The surplusage over this sum represent the amount stolen by the Re-
publicans at each preceding session of the legislature.

THE PRINTING SWINDLE.

The Republicans of South Carolina were not content with the proceeds of their
robbery of the people by the issue of fraudulent certificates. Every institution
of the state was laid under contribution and every scheme that rascally ingenuity
could devise to bleed the taxpayers was put in operation. The division of spoils
extended from the highest oilicers of the state to the lowest members of the as-
sembly. The only difference between the operations of the Republican Ring in
Pennsylvania was that the matter of the latter was "addition, division and si-
lence," while the former only looked to "addition and division "and did not
deem it necessary to maintain silence. The carpet-baggers thought it necessary
to have the support of the press, and as all of the established organs were Demo-
cratic they used the funds of the state to start various Republican newspapers,
daily and weekly, throughout the state. Their principal organs were the Charles-
ton Daily Republican, the Columbia Daily Union and the Columbia Union-Herald.
A large amount of money was expended annually for their maintenance. Bills
purporting to be presented by virtue of law were illegally and fraudulently in-
creased in amount to many thousands of dollars, and paid year after year from
the state treasury.

At first the division of the money thus obtained was confined to a few leading
members of the assembly, but as the demands for money increased the scope of
operations was widened and the Carolina Printing Company, a firm composed of
state oSicials and the editors of the Rcjnfblican and Union, was formed. Pay cer-
tificates for public printing were issued right and left, and thousands of dollars
vrere stolen annually in this manner. Claims for current and permanent printing
were raised in many cases three times the original amount and the proceeds di-
vided among the Ring.

From 1868 to 1876 the amount appropriated and paid for printing, including
the publication of the general laws and claims for printing, was $1,336,589, a
sum largely in excess of the cost of public printing from the establishment of
the state government up to 1868, including ail payments made during the war in

432 THE HISTORY OF A CARrET-BACJ GOVERNMENT.

confederate currency. In 1873 the public printing in South Carolina cost $450,-
000, exceedir'^ the cost of like work in Massachusetts, Pennsylvania, New York,
OhioandMarylandfor that year by $122,933.13. Ohio, with nearly four times
the population of South Carolina and over nine times the capacity to pay, ob-
tained her public printing for $63,000.

ORGANIZATION OF THE PRINTING COMPANY.

The South Carolina Printing Company was organized in 1870 by J. W. Denny,
R. K. Scott, N. G. Parker, p. H. Chamberlain, J. W. Morris and L. Cass Carpen-
ter. The committee say :

Senator Leslie told Woodruff that " the friends " in the Senate thought that as this was a matter
of Senate patronage they should have a percentage of the profits from the printing. In order to
carry out the wishes of " the friends," Mr. Leslie proposed that pay certificates for varions amounts,
rangino- from three to five thousand dollars, for current printing be drawn, and one-third or one-
fourth°of the amount realized be given to the Chairman of the Committee on Printing for division
among " the friends," including some fifteen or sixteen Senators. This system was carried out as
long as moneys could be paid out of any sums in the treasury, not otherwise appropriated, and was
only checked and stopped when the law for specific appropriations and payments was enacted.
Besides this, Woodruff testifies that a vast deal of unofticial work was done by the company for
State officials, friends and members of the general assembly; that the certificates were usually
discounted at the South Carolina Bank and Trust Company, of which bank Governor R. K. Scott,
Treasurer Niles G. Parker and Attorney-General Chamberlain were stockholders. The checks in
the hands of the committee are but a portion of the amounts paid during the time of the above
arrangements. The money was deposited to the credit of the Printing Company, and sometimes,
according to the witness, division or gratification checks were drawn against deposits in the:
Carolina National Bank and Central National Bank, which checks he supposes are still held by
these banks.

SCOTT, PARKER AND NEAGLE, MOSES AND CARDOZO.

Gov. Scott, Treasurer Parker and Comptroller Neagle formed a combination
whereby $45,000 of printing accounts were sold to Neagle, afterwards raised and
receipted for on the treasurer's books at $90,000, thus defrauding the state out of
$45,000 at one stroke. This sum was divided equally among the conspirators.
Out of the appropriation of $280,000, approved December 21, 1872, $98,500 was
paid at one session as bribes and "gratifications." Gov, Moses, Treasurer Car-
dozo and twenty-two out of thirty- three Senators participated in this steal. Every
session money was appropriated and stolen in this way. Here is an extract from
Woodruff's diary appropos of the printing steal.

Thursday, January 16, 1873.
Cardozo gave us checks for $100,000. I propose to give Cardozo $12,000 out of this. That will
be a big thing for him. If we had Parker we would probably have had to pay halt of it and then
not get it. Jones and self will come out clear about thirty thousand dollars between us, or $15,000
each.

In comparison with the usual record of payments made by Woodruff, the fol-
lowing entry seems amusing :

Tuesday, February 4, 1873.
Gave Mr. White a check for $25, and we agreed to stand by each other to the last.

Out of an appropriation of $230,000 made for printing in 1873, $41,269 was
paid to seventy-seven members of the House out of a total membership of 124.
The instances above given, selected from a multitude of similar ones, will illus-
trate how tenderly South Carolina cared for her Republican " statesmen." Under
Democratic administration, in 1877, the public printing of the state cost $5,222.

THE GREENVILLE AND COLUMBIA RAILROAD SWINDLE.

When John J. Patterson entered South Carolina, his first manoeuvre was to
become identified with the material interests of the land of his adoption. It was
rough on the material interests of the state, but a good thing for Patterson.
'' Honest John " set himself up in business by obtaining a contract for the com-
pletion of the Blue Ridge Railroad, which contract was annulled by the payment
of $80,000 to him out of the treasury of the state. Out of his share of the pro-
ceeds of this robbery he organized a Ring composed of public officials to obtain
possession of the Greenville and Columbia Railroad. In this Ring were included

THE HISTORY OF A CARPET-BAG GOVERNMENT. 433

Patterson, George W. Waterman, representing the interests of Gov. Scott, Trea-
surer Niles G. Parker, State Auditor Tomlinson, Comptroller General Neagle,
Attorney-General Chamberlain, Secretary of State Cardozo, Land Commissioner
Leslie, Financial Agent Kimpton, Joseph Crews, Chairman of the Committe on
Railroads, and Representative Tim Hurley. The state at that time owned large
amounts of stock in various railroads, which had been acquired in consideration
of bounties conferred upon those corporations.

THE BEGINNING.

An act was passed by the Ring creating a sinking fund commission which
was empowered to sell all the unproductive property of the state. The commis-
sioners appointed under the act were the members of the Ring organized by Pat-
terson. The ostensible purpose of the act was to enable the state to sell dam-
aged granite, marble and other materials laying about the State House. The real
purpose was consummated by the sale to the Ring of 21,698 shares of the Colum-
bia and Greenville Railroad stock, bought by the state at $20 per share, aggre-
gating $433,960, for $2.75 per share, aggregating $59,969.50. The stock of the
state in other railroad corporations was also sold and the fund transferred to the
financial agent, from whom it was stolen by the thieves who concocted, the
scheme.

WHOLESALE BRIBERY.

The act authorizing the creation of the commission was passed by bribery, the
means being furnished by Financial Agent Kimpton. After the Ring had ob-
tained possession of a majority of the slock of the road another act was carried
through the legislature by bribery, authorizing a further issue of bonds of the
road and its consolidation with the Blue Ridge road. A well -devised scheme was
concealed underneath the wordy sections of this voluminous act. The state held
a lien for indemnity against her indorsement upon $1,500,000 of guaranteed
bonds of this company, so that subsequent bonds would be of little or no value
and could not be sold by the Ring. The Ring devised a section in the bill by
which the lien was postponed to bonds to be issued under a second mortgage,
thus enabling the Ring to divide and put their bonds upon the market, the only
security held by the state being swept away and a contingent debt of $1,500,000
fixed upon her. Although the Ring obtained the stock owned by the state by
fraud, it became necessary for them to buy of private holders in order to secure
control of the management. Financial Agent Kimpton was applied to for funds.
He had in his possession many millions of bonds of the state for sale or hypothe-
cation, and although the proceeds of the sale of the bonds were only applicable
to the purposes of the state, Kimpton raised by the sale of state bonds enough
money to buy about $173,000 worth of stock par value.

THE IMPEACHMENT SWINDLE,

During the Republican carpet-bag administration of South Carolina, the leaders
were constantly waging a secret warfare against each other. The state officials and
members of the legislature were aware of the extent of the plundering conspiracy
and knew about the share that each man received. The principle of ' ' honor among
thieves," which is supposed to apply in the select circle composed of pickpockets,
burglars and thugs, in the larger cities, was unknown in Columbia. When the
state's money gave out these worthies would fall to robbing each other. Among
such expert thieves the task was a difficult one.

An investigation of the state debt showed beyond peradventure that the
Financial Board., composed of Governor Scott, Treasurer Parker and Attorney-

434 THE HISTORY OF A CARPET-BAG GOVERNMENT.

General Chamberlain had illegally issued several millions of state bonds. On the
18th of December, 1871, C. C. Bowen, a member of Charleston, introduced a
resolution to impeach Governor Scott and Treasurer Parker for high crimes and
misdemeanors. John J. Patterson saw a brilliant opportunity to mike a strike.
The legislature was overwhelmingly Republican, the members generally had
participated in the numerous frauds originated by the men it was sought to im-
peach, and there was no prospect of the passage of the impeachment resolution,
Patterson wanted money, however, and he began operations on Scott.

Assisted by his tool, H. G. Worthington, Patterson set about frightening Scott.
He informed the governor that impeachment was certain to follow the result of
his misdeeds unless something was done to prevent it. That " something" was
to bribe the members to vote against the resolution, and Patterson said that he
alone could insure Scott's safety. For a long time Scott held out against Patter-
son's threatening talk, but at last he was persuaded that he would be impeached,
unless the members of the House were bribed. Scott signed in blank three
warrants or orders upon what was known as the "Armed Force Fund " and
gave them to Patterson. Scott told Treasurer Parker that the warrants should
be paid when presented, remarking: " I don't know what amount he will want;
I hope not a very large amount, but I suppose the scoundrel will make it as large
as he can."

The warrants were filled out by Patterson in fictitious names— one to John
Mooney for $25,545, another to John Leggett for $10,600 and the third to David
H. Wilson for $13,500, making ia all $48,645. The money was collected by F.
S. Jacobs and Hardy Solomons, both trusted friends of Patterson , a day or two
before the vote on the impeachment resolution was taken. In addition to this
Speaker Moses received $15,000 of state money from Governor Scott for making
a parliamentary decision in the House, which prevented the report of the joint
investigating committee (which fully established Scott's guilt) from being pre-
sented. How much of this money Patterson used to bribe members is not known,
but the resolution was defeated by a vote of 63 to 27, and two of the members of
the Ring went unpunished for their crimes.

THE BLUE RIDGE RAILROAD SCRIP FRAUDS.

A plausible scheme to relieve South Carolina from its guarantee of the sum of
$4,000,000 of the bonds of the Blue Ridge Railroad was introduced in the shape
of a bill in the House on the 3d of February, 1872, by A. L. Singleton. The
state was to obtain this relief ostensibly by the issue of scrip to pay the honest
debt of the company, but in reality the object of this scheme was to convert .this
scrip into a corruption fund for the benefit of the Ring. The plan of the con-
spirators succeeded admirably for a time. They bribed members to pass the bill
through the legislature. The governor vetoed it. He was not interested in this
steal. The bill was passed by bribing over his veto and scrip was issued. The
Supreme Court decided the issue of the scrip to be unconstitutional, and the
scheme was then dropped.

THE VALIDATING ACT AND FINANCIAL SETTLEMENT.

On the 8th of February, 1872, a bill "relating to the bonds of the state of South
Carolina " was introduced in the House by John B. Dennis, It apppeared to be
an act to validate the irregular issue of certain bonds, but it was a bill to validate
the illegal use and disposition of $6,000,000 of state bonds by H, H. Kimpton,
the financial agent, and fasten that debt upon the state.

At the same time Dennis introduced another bill entitled " a bill relating to the

THE HISTORY OF A CAKPET-BAG GOVERNMENT. 435

financial agent of the state in the city of New York." This measure empowered
the notorious financial board to make a settlement with Kimpton, and afforded
the desired opportunity of covering up and cancelling the large amounts paid out
by Kimpton from sales of bonds illegally made, to be divided in commissions
among the Ring, and in carrying the purchase of the Greenville and Columbia
Railroad for the same Ring. The following simple and concise agreement
made between the thieves, who doubted the honesty of each other, explains the
purposes of the Ring in securing the passage of these bills :

THE thieves' AGREEMENT.

Vice-Prksident's Office, )

Gkeenviixe and Columbia Railroad Company, V
Columbia, S. C, March 4, 1872. )
Hon. NiLEs G. Parker, State Treasurer, South Carolina:

Please deliver to H. H. Kimpton " revenue bond scrip " due the Blue Ridge Railroad Company,
according to act passi-d March 2, 1872, amounting to one hundred and fourteen thousand, two hun-
dred and fifty dollars, at par, upon the following conditions: That forty-two thousand eight hun-
dred and fifty-heven dollars of said scnp, at par, is to be used for paying the expens^es of passing
through the Hou&e of Kepresentativi^s bills styled "A bill relating to the bonds of the tttute of
South Carolina, and " Bill to authorize th.j financial board to settle the accounts of the financial
agent."" Now, if these above-named bills are passed and become laws, this order for forty-two
thousand eight hundred and fifty seven dollars in scrip, at par, is to be paid to said Kimpton;
and if not passed, then this order for that amount to be void and the scrip is not to be delivered.
Also that seventy-one thousand four hundred and fourteen dollars of scrip, at par, you
shall deliver to said Kimpton if said bills becom« laws, and provided that he shall pay the
sum of fifty thousand dollarsi, the proceeds of said scrip at seventy cents on the
dollar, in paying the expenses already incurred in passing through the Senate the bill known
as " A bill to relieve the state of all liability on account of guaranty of Blue* Ridge Railroad
bonds, etc.," passed March 2. 1872. which said expense said Kimpton has contracted to pay; if said
Kimpton fails or refuses to pay said amounts in defraying said expenses (when required by me),
then this order to be void. If said conditions are complied with and the amount of scrip delivered
to said Kimpion, he is not to be held liable for or to account for its value. The above two sums of
$42,859 and $71,414 in scrip, at par, make up the amount of scrip first mentioned in this order.

JOHN J. PATTERSON,
President Blue Ridge Railroad Company in S. C.
Witness: R. B. Elliott.

These bills became laws. Three drafts, one for $25,000, another for $35,000,
and a third for $12,500, were cashed on Blue Ridge Railroad scrip as collateral
security, and the mopey was used to bribe Senators and assemblymen to vote
for the bills. Treasurer Parker was compelled to take up the drafts when they
came due, he paying all but $10,000, which was contributed by Gov. Scott.
These schemes put thousands of dollars into the pockets of the originators of
them.

THE KU-KLUX REWARDS.

On the 28th of July, 1871, Gov. Scott issued a proclamation offering a reward
of $200 for each person arrested with proof to convict of the charge under the
enforcement act commonly known as the Ku-Klux Act. The legislature appro-
priated $35,000 to pay these rewards. The governor, instead of paying the re-
wards himself, appointed a commission composed of Attorney-General Cham-
berlain, C. D. Melton, J. D. Pope, R. B. Elliott and James A. Dunbar, for the
distribution of the rewards. The commissioners paid themselves $500 apiece for
their services. The record of the United States Circuit Court for South Carolina
shows that 109 persons were convicted under the Ku-Klux Act. A reward of
$200 for each of these convictions would have amounted to $21,800. No portion
of the appropriation of $35,000 was returned to the treasury. Before the appro-
priation was made a government officer named Hester presented a bill to Gov.
Scott of $18,600 for the arrest and conviction of 93 persons under the act.
Scott at first refused to pay the bill, but on an illegal opinion from Attorney-
General Chamberlain that the money might be paid out of the "Armed Force
Fund," Scott gave Hester $9,000.

THE PHOSPHATE STEAL.

The natural resources of South Caroliija were laid under contribution by the

436 THE HISTORY OF A CARPET-BAG GOVERNMENT.

Republicans to filch money from the people. The phosphates were a source of
wealth belonging to the farming interests of the state, and which should have
been jealously guarded for the benefit of the agricultural population. The Ring
formed a Marine and River Phosphate Company, A bill was prepared entitled :
"An act to grant to certain persons therein named, and their associates, the right
to dig and mine in the beds of the navigable streams and waters of South Caro-
lina for phosphate rocks and phosphatic deposits." The bill was passed. R. R.
Rivers, a member of the assembly, told the investigation committee how. He
said:

Tim. Hurley made arrangements with myself and Rush, of Darlington, John Mead, Wade Perrin,
Harry Daniels, an one or two others, at $300 a vote for such members as voted for the charter. W&
were the committee of arrang ments chosen to confirm the arrangements with Hurley. The way
it hippened was this: Hurley wanted to give some members $50 and some $100, and so on, and the
members found it out and had a caucus, and appointed this committee. The committee met him
aiid stated that they were authorized to state that if he did not pay them all equally they would not
vote for the bill, and that he must also put the amount in an envelope, subject to the committee,
where they agreed to make the deposit. Hurley agreed to it, and we selected Governor Moses, then
Speaker of the Horise, to hold the money, ana after Hurley agreed to meet the committee in the
Speaker's room when the House was in session, and we did so, and Hurley brought the money, the
committee counted it and scaled it up. After we did this we sent for the Speaker (the House was
in session), and the Speaker came, and I handed him the envelope, and I asked him to put it in his
safe until I called for it. No one told him what it was. He opened the saf u and put it iu there, and
after tlie bill passed that evening I took the committee w th me and asked the Speaker fur the en-
velope that I gave him; he handed it to me, and the committee went oil, and we divided it accord-
ing to the agreement, and each man got his part. Hurley was not then a member of the House, but
was a lobbyist. J'here was a Ring ahead of this. The committee paid about twenty-five members
$300 apiece. The other was of down-country members, and I turned in with the up-country mem-
bers, and we found that with the Democratic vote we could defeat any measure of the down-country
Republicans. They used to control matter;*, and gave us no showing until we found it out, and by
onr combining together we then had our showing, too. We didn't find out for some time that the
down-country members were using us, and getting paid themselves for their own and our votes,
and when we found it out we combined against it so as to secure our share of the pay as well as the
others.

ORGANIZING THE MILITIA.

The Republicans of South Carolina wanted some money for election expense*
prior to the election of 1870, and they concluded to organize the militia of the
state. Local agents were employed in almost every county of the state to enroll,
organize and inspect the state militia. It cost $200,000 of the public funds to do
this, and as the agents were generally candidates for office they succeeded in
obtaining a valuable campaign fund in this manner. Rev. William Thomas, a
member of the Ring, found time between sermons to organize Co. F, 4th Regi-
ment, N. G. S. S. C, for which he demanded and was paid $125. Mr. Thomas
was elected to the legislature, and he figures prominently as a receiver of bribes
from the state officials. State guards were organized and they drew full pay and
rations until after the election. Contracts for the purchase of arms were made
to the amount of $180,750, and Speaker Moses testified he received a royalty of
$1 for each musket, or $10,000 in all. The expenses of enrollment were $100,-
000, and of equipment $250,000, making a total of $350,000 wasted in this man-
ner.

ARMED FORCE AND CONSTABULARY.

In 1869 a joint resolution was passed by the legislature authorizing Gov. Scott
to employ an armed force for the preservation of the peace. The state w'as
apparently peaceful enough until election time, when scores of " constables "
were marched into the close districts to make Republican campaign speeches and
intimidate white voters. The "Armed Force " was used, not to preserve peace,
but to carry elections for the party and intimidate and demoralize Democratic
toters. There were appointed 151 deputy constables and 500 specials on full pay
and mileage, to do duty just prior to and during the elections. These men made
regular reports of the condition of the parties, attended political meetings and in
many cases had themselves elected to legislative and county offices. Over twenty

THE HISTORY OF A CARPET-BAG GOVERNMENT. 437

Worses and equipments were bought for the mounted men. When their term of
service ended the horses were sold and tbe proceeds pocketed by the governor.
The armed force fund was depleted on forged certificates, and the Republican
candidates were elected to office.

THE PETTY PILFERING.

To enumerate all of the frauds perpetrated by the Kepublicau Ring and to
explain the scores of small schemes which were hatched by the conspirators to
rob the taxpayers of the state would occupy the greater part of the Text Book.
The Ring managed to secure something from almost every appropriation made.
Members of the Committee of Ways and Means and Contingent Fund were
bribed to recommend a large appropriation for the contingent fund. The funds
of the state were used to pay the bribes, and state officials then robbed the con-
tingent fund. Moses bought a newspaper from this fund. The treasurer of the
state was authorized to borrow money for legislative expenses. Treasurer's notes
were issued without money being borrowed or vouchers turned into the treasurer's
office. Political tramps, broken down party hacks and prostitutes were paid
from the transient sick and poor fund. On one occasion three warrants for.
-$5,000 each, issued originally for the penitentiary account, were returned by
Hardy Solomons to F. J, Moses, then governor, there being no money in the
treasury to pay the warrants. Ex-Governor Chamberlain consulted with, Moses
and informed him, as Moses swears, that he could get a loan on those warrants
from the Receiver of the Bank of the State. Moses obtained $7,000 on the war-
rants, gave Chamberlain $1,000 and pocketed the balance. Money was paid to
judges of the courts for favorable decisions in certain cases. Fraudulent claims
were paid, and hundreds of honest claims were raised double and treble their
original amounts. In the construction of a penitentiary the state was robbed of
thousands of dollars. The legislature made extravagant appropriations, for
•doing which the members were paid. Frauds, perjuries, embezzlements and
larcenies of the party in power covered every transaction and article, from the
cradle of the infant to the coffin of the dead. The orphan children dependent
upon the state for care were robbed and defrauded. The children fared poorly,
but the grown orphans in the institution must have fared better, as the following
list of some of the articles purchased will show :

Carpeting, laces, 8\vi?s, damask, ladies' linen handkerchiefs, kid gloves, corsets, ladies' collars,
pique, tarletan, ribbon, vases, umbrellas, writing desks, satin, satinette, water-proof cloth, under-
vests, ear-rings, needles, pocket books, toilet pm-cushions, walking canes, whips, sundries, which
covered almost every article of woman's wear.

HARDY SOLOMONS' CLAIM.

The South Carolina Bank and Trust Company was a Republican institution.
The principal members of the Ring, Chamberlain, Scott, Parker and others, were
at the head of it. Hardy Solomons, a notorious character, who grew rich in fur-
nishing the legislature with supplies, was president of the concern. In October,
1873. a bill was introduced in the legislature to pay claims of the bank amounting
to $125,000. Only $103,865.71 were due the bank according to the schedule pre-
pared by Solomons, but the other $21,134.29 was thrown into the claim "just to
dignify its proportions. " At the time this fraudulent claim was presented the
salaries of school teachers, judges of courts, county auditors and clerks of the
different departments of the state government were unpaid, and $200,000 of the
appropriation for schools of the year previous remained unpaid. The Ring
wanted more money, however. Their insatiable maws were never satisfied. The
proceeds of their multifarious robberies were expended as soon as received. It
was well understood that the time for a profitable failure of the bank had not

438 THE HISTORY OF A CARPET-BAG GOVERNMENT.

arrived. The payment of these claims would give the institution at least two
years more of life. The members of the legislature had become experts in the
art of bleeding the Ring of state officials by this time. "Whenever a bill was in-
troduced calculated to benefit the Ring, the legislators would not vote for it with-
out being paid. Mr. Solomons was aware of this fact, and he wasted no time in
talking. The cashier of the bank was instructed to open an account on his books
for "legislative expenses." Negotiations were opened with the assembly. The
bill was promptly passed, and Solomons divided $81,105.34 among the members
as a small return for their kindness. The bank suspended two years later with
$200,000 of state money and a large amount of school and county funds on de-
posit, with as worthless a lot of assets as ever were rendered in a court of insol-
vency. A special tax was levied to meet the claim presented by Solomons.
Only a small portion of these claims were valid demands against the state, and
these were in large measure abstracted from the bill and paid by the state treas-
urer out of other funds in order to give place to over $20,000 of fraudulent pay
certificates manufactured for the occasion, so that certain state oflacials might re-
ceive their share of "gratification."

THE PLUNDERERS DEPOSED.

A history of corruption, misrule and brigandage similar to that which pre-
vailed in South Carolina might be written of the Republican carpet-bag adminis-
trations in every Southern state. The state of affairs in Louisiana was even
worse than in South Carolina. The day of justice for these rogues at last
arrived. It was long in coming. The Republican party maintained itself in
power as long as a dollar could be stolen from the people. "When the funds gave
out speedy disruption followed. The people of those violated states in 1876,
under the banner of Tilden and Hendricks, by a desperate effort, freed themselves
from the yoke. The conspirators fled. They had spent the proceeds of their
crimes with knavish extravagance, and the incarceration of their impecuni-
ous bodies in the jails of the state would only have been a further burden
to the people. They were allowed to go unpunished, merely being required to
testify to the record of their own perjuries, frauds and robberies as a monument
of everlasting shame to the American people and a warning to future generations.
The states were glad to be well rid of them. With the coming into power of the
Democrats honesty succeeded dishonesty, economy deposed extravagance. The
people set about paying their debts. In every instance but one the common-
wealths undertook to pay the obligations created by these mercenaries. Efforts
to compromise were made, but in no case, with the single exception of Louisiana,
did the state repudiate its debt or any portion of it. What temptation to re-
pudiation there must have been one can imagine by perusing the record above
printed.

PLUNDERING THE SOUTH. 439

PLUNDERING THE SOUTH.

WHAT RADICAL MISRULE HAS COST THE PEOPLE OF ELEVEN

STATES.

One of the darkest chapters in the history of Republican misrule is that de-
scription of the plundering of the Southern states by carpet-bag governments.

The history of the outrages committed in the name of law — of the crimes com-
mitted without color of law — are familiar to the American people. The effect of
this robbery of the Southern states have been keenly felt at the North. The im-
paired credit of one section of the country has retarded the prosperity of the other
sections.

The statements given below are compiled from the report of the Joint Commit-
tee of both Houses of Congress, appointed March 20, 1871, to investigate the con-
dition of the Southern states. It shows, Ist, the debt of these states in 1865 and
1871-2 ; 2d, the prospective and contingent debt.

ALABAMA.

ACTUAL AND ADJUSTED DEBT.

In 1865...- $6,221,186

In 1872 9,306,781

Increase under carpet-bag rule _ - $3,085,595

CONTINGENT AND PROSPECTIVE DEBT.

This debt represents the indorsement by the state of the bonds of
railroads, the bulk of which are in default, and many of them
worthless. It had reached in 1872 the sum of $29,620,000

Total debt and contingent liabilities in 1872 $32,705,595

Total increase under carpet-bag rule, $26,484,409.

In 1837 Alabama's debt was $15,400,000 and reduced to $3,445,000 in 1860.

ARKANSAS.

ACTUAL AND ADJUSTED DEBT.

In 1865 $4,527,879

In 1871 5,361,265

Increase under carpet-bag rule $833,386

PROSPECTIVE AND CONTINGENT DEBT.

This debt consists of liabilities assumed by the state in guaranteeing
the payment of railroad and levee bonds, and amounted in 1871

to... $14,390,000

Total debt and contingent liabilities in 1871 19,751,265

Total increase under carpet-bag rule, $15,223,386.

440 PLUNDERING THE SOUTH.

FLORIDA.

ACTUAL AND ADJUSTED DEBT.

In 1865 $1,370,617

In 1872.... . -. 2,556,072

Increase under carpet-bag rule $1,185,455

CONTINGENT AND PROSPECTIVE DEBT.

The state has become responsible for the bonds of several railroads

amounting in 1872 to $14,000,000

The total debt, actual and contingent, is, therefore, in 1872 $16,556,072

Being an increase under carpet-bag rule of $15,185,455.

GEORGIA.

ACTUAL AND ADJUSTED DEBT.

In 1865 $5,706,500

In 1872 8,618,750

Increase under carpet-bag rule $2,912,250

CONTINGENT AND PROSPECTIVE DEBT.

This debt is for liabitities assumed in indorsing the bonds of rail-
roads, and amounted, in 1872, in round figures to $30,000,000

The total debt, actual and contingent, in 1872, was 38,618,750

Increase under the carpet-bag government, $32,912,250.

Formerly Georgia was not only the wealthiest and most prosperous of the
Southern states, but was almost free from both debt, and lightly taxed. The earn-
ings of a railroad which she owned were alone nearly sufficient to meet the an-
nual expenses of the state government. This railroad was sold by a carpetbag
governor and a corrupt legislature for a mere song.

LOUISIANA.

ACTUAL AND ADJUSTED DEBT.

In 1865 $13,357,999

In 1872 29,619,473

Increase under carpet-bag rule $16,261,474

CONTINGENT AND PROSPECTIVE DEBT.

This debt consists of bonds indorsed by the state to assist miscella-
neous, so-called, internal improvements, railroads, levees, canals,
etc., etc., and in 1872 amounted to.. $12,245,000

Total debt and contingent liabilities in 1879 $41,864,473

Total increase under carpet-bag rule $28,506,474.

MISSISSIPPI.

ACTUAL AND ADJUSTED DEBT. *

In 1865 $919,767

In 1871 2,284,216

Increase under carpet-bag rule $1,364,449

In 1860 the cost of conducting the state government was only $438,000, and in

1870, $942,000.
The public printing before the war cost $10,000. This work in 1872 cost

$127,000.
In 1874, the rate of taxation readied $30 per 1,000 in several of tJie larger counties.

PLIJNDHRING THK SOUTH. 441

NORTH CAROLINA.

DEBT AND LIABILITIES.

In 1868 $15,779,945

In 1872 34,887,467

Increase under carpet-bag rul5 $19, 107,523

SOUTH CAROLINA.

ACTUAL AND ADJUSTED DEBT.

In 1865 -- - $13,038,964

In 1871 - - -- -- 15,768,306

Increase under carpet-bag rule $2,729,342

CONTINGENT AND PROSPECTIVE DEBT.

This debt is for indorsing the bonds of railroads, and in 1871 was. . . $6,712,608

Total actual and contingent debt. , $22,480,914

Total increase under carpet-bag administration, $9,441,950.

TENNESSEE.

ACTUAL AND CONTINGENT.

In 1866.... - ------ $26,777,347

In 1872 - --- 32,054,476

Total increase carpet-baggers, $5,277,129.

TEXAS.

AOTUAL AND ADJUSTED DEBT.

In 1865 - ...'.-.- -.- -.---. $328,866

In 1871 --- 1,454,887

Increase under carpet-bag rule $1,126,021

CONTINGENT AND PROSPECTIVE DEBT.

The state has incun-ed prospective and contingent liabilities by guar-
anteeing the bonds of the Southern Pacific and International
Railroads, to an extent estimated in 1872 at $11,500,000

Total contingent and prospective debt. $12,954,887

Total increase under the carpet-baggers, $12,626,021.

VIRGINIA.

In 1865 $41,061,316

In 1871 47,390,839

Increase under carpet bag rule _ $6,329,523

RECAPITULATION.

TOTAL INCREASE UNDER CARPET-BAG GOVERNMENT.

Alabama • $26,484,409

Arkansas : 15,223,386

Florida 15,185,455

Georgia . 32,912,250

Louisiana 28,506,474

Mississippi 1 ,364, 449

North Carolina 19,107,522

South Carolina.... 9,441,950

Tennessee 5,227,129

Texas 12,629,021

Virginia 6,329,523

Grani: Total Increase in the Eleven Southern states $172,411,568

442 THE POSTAL FRAUDS.

THE POSTAL FRAUDS.

During the long years of Republican administration, every department of the
government has grown corrupt. The mismanagement, maladministration, profli-
gacy and corruption of the Post-olfice Department is, and has been, if possible,
worse than that of any other department of the public service. It was thoroughly
investigated in 1875, by the Committee on Post-ofllces and Post-roads of the
House t)f Representatives of the Forty-fourth Congress. That investigation
disclosed not only suspicious acts on the part of the heads of the department,
but proof of the dishonesty and corrupt practices of the subordinate officials was
found. It was shown beyond the shadow of doubt that a ring of contractors
for what is known as the Star Route mail service controlled the department
during the administrations of Postmaster-Generals Creswell, Jewell and Tyner.
It was proved that another ring manipulated the railroad mail service, and still
another grew rich at the expense of the government by the steamboat mail
service.

The investigation by the Committee of Appropriations of the House at the
last session of Congress established the fact that in the Star Route mail service
the same ring of contractors, with individual changes it is true, but by the old
methods, has and does control the Post-office Department to-day. The adminis-
tration of that department by Postmaster-General Key and his subordinates is no
improvement on that of Postmaster- General Creswell. And why should it be ?
Practically, the subordinate officials are the same to-day that they were then.
There have been in the last twelve years, it is true, three second assistant post-
master-generals, who have presided over and controlled the contract office — the
important branch of the postal service. Two of these retired from office rich;
they entered their offices poor. The third, and the present occupant. General
Brady, began his career like his predecessors, poverty-stricken, and now his
friends boast that he is worth a half million dollars.

Second Assistant Postmaster-General Giles A. Smith, Cresivell's first chief of
the contract office, not only grew rich himself in a few years, but his brother,
Morgan S. Smith, who blackmailed the contractors and divided the profits, grew
rich also. He lived in regal style in Washington, and entertained like a Russian
prince. General Routh, who succeeded Giles A. Smith, after a few years' ser-
vice was made governor of Colorado Territory, and is now a millionaire. Clerks
who held offices under the.se men at salaries not exceeding $2,000 a year, are now
Star Route contractors, with profits of $20,000 and $50,000 a year.

The First Assistant Postmaster-General, James A. Tyner, who was Postmaster-
General after the forced retirement of Marshall Jewell from Grant's Cabinet, and
who accepted his present position under Key when the fraudulent administration
began, lives at the rate of $10,000 a year on a salary of $5,000 per annum. He
keeps last horses and dabbles in mining and other stocks.

THE POSTAL FRAUDS. 443

The investigation of the Forty-fourth Congress established —

Mrst. Service was improvidently and inconsiderately granted where no public
demand existed or public convenience accrued.

Second. Exorbitant prices were allowed for services when needed, and for the
work when done.

Third. Services, when not rendered according to the contract, either in spirit
or measure, were nevertheless fully paid for.

Fourth. When fraud was detected on the part of contractors, no adequate
action was taken by officials to either punish or correct the fraud.

Fifth. When official dereliction, or corruption, or remissness was discovered^
the department took no sufficient measures to punish delinquents, or to prevent
a recurrence of similar official wrong-doing; so that the government lost annually,
in violation of law and through corrupt practices, millions of the public money,
and the guilty parties in office and out of office have generally gone free, both of
prosecution and punishment.

STRAW BIDS.

The most flagrant abuse which has ever been fastened upon the Post-office De-
partment is that which is described by the popular designation of straw hid% a
species of organized knavery utterly unknown in our history before the postal
administration of Mr. Creswell. A straw bid is the offer of a person to render
under given conditions service which he does not intend to render. In most
cases it is the bid of an irresponsible person at a figure below the necessary first
cost of the service to be performed. It is a false pretense, its immediate object
being to obtain the award as a means of preventing the contract from falliiig into
the hands of a responsible party who has bid in good faith. The names of stage
drivers and other insolvent intermediates have commonly been used for this pur-
pose. Contractors, in order to defeat the efforts of the department in obtaining
a contract on fair and reasonable terms for transporting the mails, form a ring of
many bidders, whose bids range from exorbitantly high figures to manifestly small
amounts. The contract is awarded to the lowest bidder, who fails, in the interest
of the ring ; then every next lower bidder retires or refuses to answer when noti-
fied, leaving the department the alternative between some bidder higher up the
list, or a continuance of the old contract in the nature of temporary services, the
temporary services always being performed by the old contractor, at the old ex-
orbitant prices, because no one else on the long mountain routes in the territories
will be prepared to commence immediately temporary service. Where there are
bidders who do not belong to the ring, these, in many instances, receive large
sums to refuse to answer to the bids when notified that the lowest bidder has
failed to execute the contract. The contractor or confederated contractors by this
means virtually control the contract, and force the department to let to them on
their own terms. Again, in many instances of the recent practice, the Postmaster-
General has exercised a suspiciously convenient and absolute discretion, and
overlooking altogether the bidders in an ascending scale, declared a temporary
service, to the advantage of some favored recipient.

THE MODUS OPERANDI.

In operating this system for the purposes of plunder and corruption, there ap-
pears from the testimony to have been a combination of rings :
First, a ring of contractors.

Second, a ring of officials, embracing clerks in the contract office ; and some-
an intermediary ring of brokers or agents, by which the two former com-

444 THE POSTAL FRAUDS.

l)inations were brought in contact and enabled to effect and perfect their schemes
against the public treasury. That many clerks in the department were in the
pay of some of these contractors was fully developed in the trial of Hinds, and
the circumstances surrounding that case force belief that this corrupt combination
between those clerks and contractors pervaded all the usually denominated ring-
contracts to such an extent that the contractor was enabled, from information
gained through the clerk who had offlcial access to the records, to know positively
who was the lowest bidder, making it easy to underbid him for the contract. As
examples of the range in the graduated scale where straw-bidding has been prac-
ticed, routes 7,587 and 8,539 may be adduced; in the former, from Fort Gibson to
Sherman, 205 miles and back, three times a week, the highest among sixty bidders
was $80,049 per annum, and the lowest (straw) $900; and in the latter, from Fort
Concho to El Paso, Texas, 475 miles and back, twice a week, the highest bid, of over
fifty bidders, was $150,000, and the lowest, $75. In the last instance, the minimum
bid was summarily set aside by the Postmaster-General as too preposterous to be
entertained, and a straw bid of $4,200 accepted, although it was equally obvious
that it was inadequate to a just, or any performance whatever, of the service; and
Mr. Creswell had the hardihood to vindicate himself from the charge of failing to
exercise a wholesome discretion in rejecting all plainly fraudulent bids, by
pleading the letter of the law in its rigor and asserting the illegality of his own
act in refusing to consider this very El Paso bid. .

CORRUPT OUTGROWTHS.

One of the peculiarities of this system of contract roguery is its tendency to
corrupt outgrowths. The award is made to the straw man, and ample time al-
lowed ostensibly to execute the stipulations, but, in reality, to admit of ring
handling. Each of the bidders above him and under the first ring bid is ap-
proached by one of the ring, who says in substance : ' ' Here are a thousand (or
more) dollars for you, if you will withdraw your bid. Even if you allow it to
remain you cannot get the contract, for it is already awarded to one of my men,
and he will hold it unless you get out of the way. As the case stands you won't
make a dollar, while the effect of your withdrawal would be advantageous to
both of us ; it would put this money in your pocket, and enable me to get a more
profitable contract." The bid is withdrawn and the money paid. When all be-
low the first ring bidder are disposed of, the route is awarded to him, the straw
man having- notified the department that he will not execute the contract. The
ring bidder, in like manner, delays unf.l those above him are purchased out of
the way, when he in turn fails to execute the contract, and so on up the list.
If a hitch in this process compels the ring to take a route at a low rate, they may
still depend upon an order from the Postmaster-General increasing or expediting
the service. When the object has been by means of straw bidding to secure an
order for temporary service, and a re-advertising of the route, the old contractor
has allowed the use of his stock for the month's running necessary to save from
forfeit the percentage check on the bid deposited with the department. Finally,
this business of straw bidding culminated in regular corruption pay for the clerks
in the contract sections ; the abstraction, for perusal in midnight councils of the
ring, of legitimate bids supposed to be properly and securely filed ; the forging of
names upon bids put in, and in counterfeit authenticating seals.

WHO IS RESPONSIBLE ?

For these sustained depredations upon the treasury, and the perversion of cleri-
cal morals, Postmaster-General Creswell must be regarded as eminently responsible.

THE POSTAL FRAUDS. 445

There is, indeed, reasonable room for grave suspicion of his complicity; but even
if it be clearly established that he derived no pecuniary profits from these frauds,
it cannot be denied that he knowingly and consciously suffered them to exist
from motives of either personal or partisan consideration. To this end he solic-
ited and obtained strained constructions of obsolete law in disregard of the more
recent statute ; to this end he violated habitually the clear and conservative pro'
visions of specific law. Tliat, at least, was before him for his guidance ; nor can
it be successfully alleged that he was in ignorance of the situation and of its par-
ticulars, with a departmental force so organized as to grasp and expose them, with
special reports before him, in view of the notoriety which obtains from a well-
founded public clamor, and in the face of his own official confession of the reality
of the evil, and a pretended desire for its excision.

THE CASE OP PETERSON.

The case of Peterson, who sustained an equally unenviable relation to the Cres-
well regime as that of the Cattells to another department of the government, is
singularly illustrative and instructive. This man, who had been a brigade sur-
geon under General Giles A. Smith, commenced his career as a contractor upon
the appointment of that gentleman to the second assistant postmaster-generalship.
His rise as an influence in the postal affairs of the Southwest was rapid and re-
markable. In the language of the facetious Captain Leathers, one of the wit-
nesses, he became "a big man in Washington," "a man to tie to," and "always
knew how to sound the gong." The innermost portals of the post-office opened
at his approach; his solicitations never fell unheeded upon the official ear; he was
never chided for tardy settlements, nor inopportunely investigated for defective
service; and when, in the course of a perfunctory routine, fines and deductions
fell to his share as the holder of many contracts, they vanished magically before
his protest. However arid it was with other men, the fleece of this Gideon was
always wet. His gains were counted in the bar-rooms of Washington, and his
power was marveled at by the steamboat men of the Mississippi. A great deal of
the testimony relates to the fortunes of this prosperous gentleman, who appears
upon the stage in several characters, but is always easily to be identified. Not-
withstanding the number and extent of his river contracts. Doctor Peterson was
certainly not the captain of a steamboat, does not appear to have ever owned even
a portion of a steamboat, and if credence is to be given to the conviction of the
veteran Leathers, did not even own " a wheelbarrow. " But it is incontestable
that in a certain sense he owned both the Postmaster and Second Assistant Post-
master-Generals.

PETERSON'S METHODS.

Peterson's method was to procure contracts upon his merits as an individual
and a fellow-campaigner with General Smith, and then sub-let them to more ordi-
nary mortals, who were content with the fair results of vulgar industry. As one
illustration among many, the testimony shows that John A. Scudder, the owner
of a steamboat, put in a bid to carry the mail from White River to Vicksburg.
The lowest bidder having failed, Scudder became eligible, and was prepared to
carry it out in good faith according to the conditions of his bid. He received no
notice, as was supposed to be the custom under the regulations, and the contract
was awarded to Peterson at much higher figures. Scudder's bid was $7,000.
Peterson sub-let to Scudder at $10,000, giving Scudder $8,000 more than he bid to
do the work for. All these contracts for carrying the mail upon the Mississippi
and its tributaries, it will be remarked, were taken by Peterson in his own name.

446 THE POSTAL FRAUDS.

and were, therefore, in direct contravention of that section of the postal laws,
which, as he was neither owner nor master of any vessel plying upon those waters,
disqualified him in terms from becoming a contractor. Several of the profitable
routes thus lavished upon Peterson by his friend Smith, who had charge officially
of these contracts, were indisputably superfluous; and the mails of several routes
were commonly carried upon the same line of boats under the agreement of a
single sub-letting. The work, too, was often very improperly performed, some
localities which by the contract should have been served semi or tri-weekly, getting
not a single mail in periods of twelve to eighteen days, to the serious delay and
derangement of business, and the confusion of social intercourse. But Peterson
was too securely entrenched to be dislodged by the protests of angered communi-
ties, or seriously disturbed by the reports of special agents.

PETERSON'S INFLUENCE.

The evidence concerning Peterson and his intimate relations with the liigh offi-
cials of the General Post-office, as well as with W. W. Belknap, the then Secretary
of "War, with Collector Casey and various Senators, as given by other witnesses
before the committee, is always either inculpatory or suggestive. Is a hitch
tbreatened in the usual remitting of Peterson's fines and deductions, or in the settle-
ment of his accounts ? There is forthwith a peremptory telegram from Senator
"West, or a visit from Casey. Is there danger to him of a discontinuance ? Casey
is presently at the front to remonstrate. Does a Congressional investigation
expose the exorbitant plunder derived by him from a river sub-letting ? A more
remunerative land route is substituted in its place ; while Chief Clerk French, who
also drives a prosperous private stroke at life-insuring the contractors, which
makes him thoughtful and conservative towards them, counts not among the least
of the felicities of his table Peterson's present of a service of plate. What is sin-
gular about this ambitious and benevolent personage is that, notwithstanding the
magnitude of his operations, he is several times presented as a perplexity to pur-
suing sheriffs, who are unable to find anything tangible about him in the way of
a,ssets but his aliases. Finally he disappears from the scene but still holding five
existing and unexpired contracts, not indeed in a halo of glory, but in a cloud of
profanity at Willard's. He has been described here as a type of his class, and
yet he has been very inadequately portrayed. There is an impotence in mere sci
entific analysis for such unique knaves that cannot reach the height of their de-
serving. Except for the probably less-favored advantages of opportunity, such
as is Peterson's are also those of Sawyer and Draper, Barlow and Huntley.

BARLOW, SANDERSON & CO.

The history and experiences of the celebrated firm of Barlow, Sanderson &
Co., as given to the committee by its senior partner, is neither less guileless nor
less curious. Barlow is a resident of St. Albans, Vt., now a member of Con-
gress ; and Sanderson is a resident of St. Louis. The company appears to have
been more or less fluctuating. The first-named gentleman was the definable
quantity of the concern in the Washington transactions, and he speaks of his
sorrows with an instructive mixture of reticence and candor. The associates
were of the straw-bid ring, holding and operating mail contracts in Kansas,
Colorado, New Mexico and Arizona; they had abundant capital, and always had
stock for carrying the service on these remote territorial routes. Sometimes a
cashier was set up as the straw-bidder; sometimes a lady relative. At the end of
the quarter there would be a declared failure of this bidder; the contract was
thrown up, the certified checks with the department having been returned.

THE POSTAL FRAUDS. 447

and the Postmaster-General was compelled to employ the firm which alone
possessed facilities for transportation. For so extended a business as theirs,
there was probably never so little bookkeeping as by the firm of Barlow,
Sanderson & Co. Their papers were of a fugitive and perishable constitution,
and, when preserved, were commonly kept in a cellar or a boot-box. Accounts
were rendered in gross. Transactions aggregating hundreds of thousands of
dollars could only be gathered from loose sheets. Their affairs largely depended
upon a class of agreements that were never reduced to writing at all.

NO RECEIPTS.

Twenty, thirty, fifty thousand dollars were paid away to various serviceable
individuals at Washington without any recorded acknowledgment or remaining
sign, except in the feeble and fallible memory of Mr. Barlow, who, when
speaking of the results, innocently expresses it as "a good deal like scattering
seed;" an application of the parable which Satan himself might have envied.
Repeatedly, when the particular in question is the expenditure of a large sum
at a most anxious crisis of his affairs, he is utterly unable to recall either the
amount, or the names of the persons to whom it was paid. Enough, however,
is produced to indicate the character and proportions of that which is concealed.
Two different sets of men were the recipients of the bounty of this firm — the
relatives and friends of high officials in the department, and the department
lawyers, for their influence and vigilance, and outside Assyrians, who would
come down like the wolf on the fold, with the menaces and machinery of
investigation and demands for blackmail. To emasculate the investigation of
the Republican committee of the then Republican House, Barlow admits to have
paid, through one Farrar, between forty and fifty thousand dollars. It is ob-
vious that so large a sum would not have been squandered in obscure and unin-
fluential quarters. This contractor testifies to having paid Ilood, a lawyer, not
for professional services, but for "influence with the department," over twenty-
five thousand dollars. Earle was Creswell's law partner at Elkton, and First
Assistant Postmaster- General until he resigned for the opportunity of this pecu-
liar and profitable species of practice — one of those promoters of Chorpenning
whom Senator Morrill, of Ve mont, declared " should have their day in court.''
Mr. Earle was handed $100, $500, $1,000, in the language of Barlow, "any time
I was a mind to," as undefined but current compensation for "aid "and "pro-
tection " in the department.

CORRUPT USE OF MONEY.

Q. Did you ever make any presents? A. Oh, now, since it occurs to me, I did let General Mor-
gan L. Smith have money; he wms the brother of Mr. Giled A. Satith.

Q. Is he dead? A. Yes, sir, he is.

Q. How much money did you pay him? A. I do not know whether you call it payments or not.
I never called it payments at all.

Q. What did you give him? A. I could not tell you how much I did give him; I gave him
money, loaned it or gave it to him— it is all the same thmg— when he asked me for it; not at regu-
lar times, but when he wanted it.

Q. What did he want it for? A. I suppose he wanted it to pay his expenses; he was a pretty
expensive man.

Q,. Can you not remember the amounts? A. I let him have a considerable amount at one time
and another.

Q,. What do you call considerable? A. I don't know; I don't know how much I did let him
have.

Q. As much as $30,000 ? A. I should think not; nor $20,000. I let him have considerable, one
time and another; I don't know how much.

Q. What was the object in letting him have that money? A. Well, I don't think there wan
much object in it any way; I never thought there was.

Q. You gave it to him whenever he wanted it? A. Y^s, su-.

Q. At the time you gave it to him who was Second Assistant Postmaster-General. A. His broth-
er was; but I never thought that it had a particle of influence; I never gave it to him to influence
his brother, and never thought that it did influence him in any other way than that he would
think I was a clever fellow: that is all.

448 THE POSTAL FRAUDS.

Very naturally Mr. Barlow's great expenditures for interest and protection
within the Post-office Department were much more cheerfully made than his
payments of levies to the outside raiders who from time to time were threatening
mischief to his contracts. Although his memory is usually defective when ques-
tioned concerning the details of his transactions with these last, the same cannot
be said of his temper when he has occasion to refer to them, where they are
either " devils" to be suppressed or "hounds " to be kept in leash. It was not
investigation Mr. Barlow, if he is to be believed, feared in the least, only personal
annoyance and a jeoparding of the character of his good friends Creswell and
Smith.

POSTMASTER-GENERAL CRESWELL's LITTLE GAME.

And just here may be profitably recalled, by way of contrast to the honest and
thorough exposures made in the report of the committee of the present Democratic
House, from which we are taking these particulars of the gross mismanagement
of postal affairs under the administration of President Grant, the scandalous sup-
pressions and perversions which characterize the report of the Republican
majority in the investigation of 1872. That investigation was compelled by a
severe and specific article published in the Washington Patriot. Postmaster-
General Creswell was arraigned for malfeasance, among other charges, in award-
ing a contract for the Oroville and Portland route in direct violation of law, at a
private letting and without advertisement. The route at first had been advertised
and should have been awarded to the lowest bid of $96,000 per annum. Cres-
well accepted an illegal but lower bid upon a pretense of economy. This bidder
failed to transport, and the department procured temporary service at $700 a day.
Again the service was let at figures far in excess of the rejected bid. Another
failure of service ensued, and the department again secured temporary
service at $420 per diem. Then the contract was given without advertisement
to Barlow and Sanderson at $142,000 per annum. The illegal, if not the corrupt
character of this transaction is too apparent to be insisted upon. Even Assistant
Postmaster-General Giles A. Smith testified that he knew of no authority of law
for making this contract as it was made, for the full term. Attorney-General
Ackerman gave it as his opinion that the proceeding was altogether contrary to
law. And now appears an important use in the disposition of the money hereto-
fore referred to as paid to Farrar. These fifty thousand dollars were adroitly
employed to divert the investigation of the House committee from Barlow to
Sawyer, another notorious and peccant straw-bid contractor, who refused "to
bleed." No evidence whatever was sought or taken as to the specific charges af-
fecting Barlow, and Creswell was not only acquitted but extolled by the Repub-
lican majority of the committee as an upright and vituperated public function-
ary. It will be thought that such a contrast as is here presented of the records
of the Republican and the Democratic House should abash the utmost effrontery
of cavil.

LAVISH USE OF MONEY.

So also concerning the practice of lavishly and systematically paying corrup-
tion money, which has obtained at Washington during the Republican adminis-
tration, to influence the operations of the Post-office Department, there is signifi-
cant testimony pertinent to Sawyer, whose routes were in Texas. A portion of
the evidence of George W. Paschal is as follows :

Q. state to the committee whether, in your examination of Mr. Sawyer's papers, you found
any other papers, drafts or memorandum books that were not before the committee when you
were last examiued? [The witness produced a memorandum book.] A. This memorandum book
was handed to me by Mr. Taylor, Mr. Taylor, in looking over the books, happened to take it up
and brought it to me. It shows some of the running expenses, traveling expenses and other
things.

THE POSTAL FRAUDS. 449

Q. Is that Mr. Sawyer's handwriting ? A. Yes, sir ; thej'' are rough notes of running accounts
which he kept. I see here "November," which seems to be November, 1872. Judging by the
dates, I should say that in the past June this entry was made : " Paid attorneys, mails, $10,000."
On the same page, which would carry it into the next j-^ear, 25th February, for the same kind of
services, "Attorneys, $8,000." It is next to the last of the page, on the right-hand side. Then
there is an entry here which is a blind account. It is as follows :

Amount paid sJiarks on account of contract after 1st July.

Wm. H. Farrar, paid by L $20,000

Captain Hinds, paid by L 7,500

Mrs. Stuart, paid by L . 2,000

August, Paid Col. Bell 150

Wolverton 2,000

Phips 3,000

Williamson : 2,000

Sept., D. A. F 2,000

Oct., B. & Co 2,000

Oct., Wm. H. Farrar 4,000

And again from the testimony of Francis C. Taylor:

COOKING UP ACCOUNTS,

Q. What amount of those expenses were not put upon the hooks ? A. All the parties interested,
I think, were in Austin, Texas, havin;^ a sort of general settlement, in November, 1872. I had been
engaged for some time in trying to flriish up the business between Ben, Ficklin and Sawyer for
the administrator, and Sawyer came on there during the time. Slaughter Ficklin had been there
all the time. Sawyer brought with him his account for some $30,000 or $40,000 paid Abbot for
coaches, for which he took credit, and which was divided between the different divisions. There
were four divisions of staging, and all the parties were there. Sawyer had accounts against my
division, and, I think, against all the others. After having various accounts put on the books of
the several divisions. Sawyer said, " Here I have an account," amounting to considerable, as well
as I now remember, from $50,000 to $60.000— and said, " All the divisions will have to pay their
proportion of this." It was a memorandum showing that amount.

Q. This November settlement or charging up of all the different accounts ? A. Yes, sir.

(^. And the $50,000 or $60,000 that was there brought in without vouchers, and which had not
previously been entered upon the books, is a separate and di^tinct item from $200,000 that you said
had been previously entered upon tlie books y A, Yes, sir ; that amount of $200,000 was on a settle-
ment between Ben, Ficklin aiul Sawyer. This other amount of $50,000 or $60,000, I forget which,
was for the year from July, 1871, to July, 1872, and was lo be divided among the different firms
then in existence ; and as Sawyer said, when it was presented, " Here is an account of money that
I have expended in Washinj'tou that must be divided among the different companies." I don't
think Wright objected. I tnink Scott said a little, and Slaughter Ficklin said considerable, and
intimated that such blackmailing operations should not be paid, or something of that kind.

O. There were no names on the paper indicating to whom it had been paid ? A. No, sir ; I am
satisfied of that. I remember that there were two items of $10,000 or one of $20,000, 1 am not
positive which, and which Sawyer stated or admitted that he had paid to the same party.

A L008E SYSTEM.

For transportation of the mails the advertisement and contract specify a cer-
tain number of trips per week each way over the route. If at any time during
the contract term it properly appears to the department, through petitions from
the people and from reports of it.s agents, that additional mail facilities are re-
quired, the Postmaster-General is authorized by law to order an increase in the
number of trips per week. Such an order carries with it a corresponding increase
of pay. Where the contract calls for, eay one trip a week, with compensation
at $10,000 per annum, if an additonal trip be ordered, the pay is advanced to
$20,000; three trips would command $30,000, and so on, a trip each day in the week
enabling the contractor at this rate to draw $70,000 per annum. It will be readily
perceived what reaches of corruption are thus made possible on territorial routes
traversing remote regions and subject to but limited observation.

In issuing the advertisements for postal services, proposals are invited for car-
rying the mail on a particular route, say, once a week. With the advertisement
is published the following notice :

The Postmaster-General has no power under the law to release bidders and contractors, and their

guarantors and sureties, from their liabilities, on the allegation of real or supposed mistakes of any
ind in making proposals. He particularly requests that, before bidding, the fullest inquiry and in-
vestigation be made in regard to the route, distance, service, weight of mails, cost of stock, feed
and all expenses, existing and likely to occur, during the contract term and with due consideration
of the consequences imposed by law on delinquents.

HOW BONA FIDE UIDDERS ARE DISPOSED OF.

After this notice a bona fide bidder, in making his estimates, will assuredly al-

450 THE POSTAL FEAUDS.

low margin for a fair profit, talcing into account all the difficulties, expense and
risks involved in the performance of the service. Having obtained the contract,
established his stations along the route, and otherwise arranged for one trip per
week, any order that he can procure for additional service, carrying witli it pro
rata increase of pay, gives him a great percentage of profit. It is matter of com-
mon information among people advised on the subject of postal contracts that
the amount of stock ordinarily employed in transporting the mail once each way
over a route is sufficient also for an additional trip. If any further expense is in.
curred, it is, in comparison to the pay received, so slight as hardly to merit at-
tention.

We will suppose the route, probably a sparsely-peopled expanse of wilderness
and mountain road, to have been procured by the favorite ring contractor. The
preliminaries have been ostensibly observed — the guarantors have been certified
to by Postmaster Edmunds, whose vocation it is to swear clairvoyantly to the
circumstances of unknown people, and the signatures to the bonds have been at-
tested by some complaisant "Washington notary who can make a thousand dollars
worth of realty indefinately available by administering the oath in instalments,
and the service is begun. Part of the route is coached, and on parts of it where
there is no passenger travel, the "mails" — sometimes a mere pocketful of letters
—are carried on horseback or on a buckboard. Presently — within a month or a
week, it may be — interest having been previously made with the Postmaster-Gene-
ral, an increase of service is ordered, and the contractor's pay doubled. In some
instances, when the necessity for the route itself was altogether doubtful, it has
been thus trebled. Penalties for default on the favorite contractor, when default
is reported at all, in the shape of fines and deductions, are seldom visited ; and
when visited speedily remitted, except in perhaps a nominal sum for the sake of
appearances, while the honest contractor is held to a rigorous accountability.
The ring contractor's accounts are marked ' ' special, " and take precedence in set-
tlement ; while the required certificates of service from the postmasters at the
termini are often forced in Washington and presented as from New Mexico or
Colorado with the ink upon them scarcely dry. It was one of Peterson's tricks
to run the service regularly on long routes a few miles to and from each terminus,
that he might spare the tender Ilepublican consciences of the officials in making
their reports, while he was neglecting the whole intermediate for weeks together.
This prevalent, /if not collusive, knavery under his predecessor, by which the
treasury was inordinately plundered, was refused investigation by Postmaster-
General Jewell, upon the principle so appropriately recognized, it may be sup-
posed, by a military administration, that dead men should tell no tales.

GLARING FRAUDS.

The orders made by Postmaster-General Creswell within a single year for in-
crease of service on route No. 43,127, considered in connection with the popula-
tion of the country through which it runs, and the insignificant postal revenue
derived from it, bear on their face the most glaring indications of fraud. The
route referred to was that which was held by C. C. Huntley, of the Northwestern
Stage Company, running from Walla- Walla, Washington territory, to Missoula,
Montana territory, a distance of 450 miles. The pay on this route was increased
to $71,226 per annum. The intermediate stations, as entered upon the depart-
ment records, are Waitsburgh, Tukannan, Union Flat, Colfax, Rosalia, Rock
Creek, Pine Grove, Spokane Bridge, Horse Plains, St. Ignatius and Agency.
Here is quite a suggestion of populous geography, but with one or two exceptions

THK POSTAL FRAUDS. 451

*

the places are scarcely entitled to be called hamlets, while Walla- Walla itself, the
largest of them all, is but a small settlement. So far as the report of the last cen-
sus indicates, the sum of their population is a little over three thousand souls.
But, to avoid cavil, we will take the population of the counties in which these
places arc supposed to be situated, which is 8,588. So the department pays out
for postal facilities for each and every man, woman and child about the sum of
nine dollars. Now the postal receipts from all the sixty-three routes of these two
territories was at the time but $44,112, or over $27,000 less than was paid Huntley
for running this almost superfluous route. But if it be contended that such a
route is in the nature of necessity and the interests of civilization, we will pursue
the inquiry a little further. Of the 3,341 inhabitants of the places before enumer-
ated, 3,194 reside at or near the termini of the route, leaving only 147 as living
along this barren reach of four hundred miles. Again, the above population was
otherwise provided with mail facilities. Missoula had a mail outlet to civiliza-
tion, and the Union Pacific Railroad, by a route running to Helena, Montana, over
which postal communications was had three times a week. On the other hand,
Walla taps the railroad seven times a week by the stage route, and it is in addition
pupplied with mails seven times a week from Portland, Oregon.

Huntley was the first contractor on this route, and his contract called for one
trip per week, with pay at $23,000 per annum. This service was increased to
three trips, and for the fiscal year ending June 30, 1869, he received $68,907.39.
Owing to the persistent protests of postmasters, special agents and an officer of
internal revenue, tlie number of trips was, about the close of 1869, reduced to
one per week. But the complaints in behalf of honesty of these faithful public
servants brought the axe to their necks. Huntley boasted of their dismissal.

On the 30th of September, 1869, advertisements were issued for service in the
territories for four years, to commence July 1, 1870. As to the Walla- Walla route,
proposals were invited for one trip per^week, including side supply to Stevensville
and Fort Owen. L. L. Blake was the accepted straw bidder at $15,100, and con-
tract was made with Huntley at $22,900. Now, holding in view the history and
character of this route — the fraud by which the route was established and the
contracts obtained, the ridiculously few people to be supplied with postal facili-
ties, the abundance of supply through other channels, the trifling revenue to be
derived by the department, and the great preponderance of expenditures over re-
ceipts, all of which was fully proven to Mr, Creswell — observe his action imme-
diately following the commencement of service under Huntley's renewed contract,
which went into operation July 1, 1870.

Huntley's allowance.

First. — On that very day he made an extra allowance. In June, 1868, a post-
office called Tukannan was established in Walla- Walla county, Washington terri-
tory, about ten miles off the main route, which at that time was numbered 15,422,
and the salary of the postmaster thece stationed was fixed at $12 per annum. Up
to the 30th of June, 1873, no change had been made in the salary of this officer,
showing that little or no business was transacted by him for the department ; and,
moreover, the agent of the Census Bureau, if he happened to find the place, dis-
regarded it, for there is no enumeration. Nevertheless, on the 1st day of July,
1870, Mr. Creswell made an order allowing Huntley $2,130 for pretended supply
of this office from June 17, 1868, to June 30, 1870, under his old contract.

Second. — Within the same month, to wit, on the 29tli thereof, he issued aji or-
der for one additional trip a week on side supply from Missoula to Stevensville,
forty iniles. with additional allowance of $2,022 per annum.

452 THE POSTAL FRAUDS.

Third.— By the 23d of the following month Mr. Huntley had made interest
with him for a yet greater favor ; for on that day was promulgated his order for
service on side supply extended from Stevensville to Gird's Creek, forty-five
miles, with additional allowance of $4,550 per annum. The office of Gird's Creek
was of so little importance that no person could be found to act as postmaster,
and in the following December it was discontinued and has not been re-estab-
lished ; and the astonishing fact is to be told that the additional pay of $4,550 was,
notwithstanding, continued until the end of the contract term, a period of three
years and six months.

Fourth. — Only four months later he presented Mr. Huntley with the equiva-
lent of a large fortune in the shape of an order, dated Dec. 22, 1870, for two ad-
ditional trips a week between Walla- Walla and Missoula, with an additional al-
lowance of $41,754 per annum !

HOW THE ADVERTISING OP ROUTES IS MANIPULATED.

In a general way, the manner and effect of " increasing the service" — a power
vested in the Postmaster-General — has been explained ; and it will now be shown
how the Ring has, by directing the preparation of advertisements in the depart-
ment, opened the way for the exercise of that power in their interest.

For the purposes of the contract office, the states of the Union are grouped in
four gections. The first comprises the New England and Middle states, Maryland
and the Virginias ; the second the Carolinas, Georgia, Florida, Alabama, Missis-
sippi, Tennessee, Kentucky, Ohio and Indiana ; the third, Illinois, Michigan,
Wisconsin, Iowa and Missouri ; and the fourth all the remaining states and the ter-
ritories. The contract term for each of these sections is four years, commencing
with the fiscal period, but the regular lettings are separated by equal intervals of
time.

There are seventeen corresponding or contract clerks, about equally distrib-
uted, each assigned to the business of a particular number of states belonging to
his section. It is the duty of the contract clerk to keep a record of bids and
awards ; to see that provision is made for supplying his post-offices with transpor-
tation ; to receive petitions for the establishment of new routes and for increase
of service, and to examine as to the necessity for what is asked in the petitions ;
to be familiar with the character of the country through which his routes pass,
and to this end he is supplied with maps and all other necessary facilities ; to-
make up and submit cases to his superiors, and to prepare advertisements for pro-
posals. These advertisements are published in a pamphlet, and arranged therein
according to the numerical order of the routes. The offices on the route are given,
as are also the distance, time of arrival and departure, and the number of trips
per week. This last is the item which invites attention. It was the object of the
Ring to have the number of trips on any given route reduced in the advertisement
to one trip per week in order to ward off competition, well knowing that having
once obtained the contract they could, by the mere scratch of Mr. Creswell's pen„
have the service increased and the pay doubled or trebled.

Outside bidders, ignorant of the country and not in the secrets of the Ring, were
not disposed to risk their capital under a contract for but one trip a week, except
at a rate which carried them above competition with the Ring. But suppose an^
outside bidder should assume the risk and obtain the contract at one trip per
week, then indeed would he feel the power of the monopoly. He would in vain
attempt to procure an increase of service. The performance of his contract would
be watched with the untiring vigilance of cupidity and malice, and he would be

THE POSTAL FRAUDS. 453

subjected upon every pretext to fines and deductions. Reduced to a condition of
despondency, he would be approached by an emissary of the Ring with a proposal
to sell his contract, and this he would gladly accept. But such a contract is not
assignable. This, however, is only an apparent difficulty, readily overcome by
the execution of a power of attorney, which carries with it the control of route
pay. All that remains to him is the percentage the Ring may consent to bestow.
The bargain concluded, the department at once relaxes, and an increase of service
is ordered for the account of the Ring.

Sometimes less service has been advertised for than was actually needed, and
in such cases the public have suffered great inconvenience. This was done with
a full knowledge by the department of existing necessities in the territorial let-
tings of 1869. The wants of the people, as was foreseen, compelled an almost
immediate increase. Take, for example, route No. 7,587, from Fort Gibson,
Ark., to Sherman, Texas, and the direct line of communication between St. Louis
to that state. There was need of daily service, and of this fact the department
ivas fully aware. Such, indeed, was the importance of the route that the Cham-
ber of Commerce of St. Louis petitioned for that amount of service. Yet in the
advertisement but three trips were called for. The award was made to a straw
bidder at $900, upon whose failure the petition of the Chamber of Commerce was
granted, the service was increased to six trips a week, and a contract was made
with F. P. Sawyer for the temporary service at $34,296 per annum, the old rate
•of pay.

ANOTHER INVESTIGATION.

The investigation at the second session of the Forty-sixth Congress originated
in this way : The Postmaster-General, in his annual report to Congress, made no
allusion whatever to a possible deficiency for the Star Route mail service. At the
time he wrote his report he knew that there must be for that fiscal year, 1879-80,
a deficiency in that service for more than $1,000,000. Congress had not been in
session two weeks before Postmaster-General Key, enclosing a letter from his
second assistant, Gen. Brady, sent a letter to the Senate and the House asking for
an appropriation of $2,000,000 to meet a deficiency in the Star mail service.
Thereupon the House referred the letter to the Committee of Appropriations.
That committee considered the matter, and unanimously agreed ta ask the House
for authority to inquire into the whole subject. That power was granted by the
House without dissect.

The investigation began. Second Assistant Postmaster-General Brady was
called upon to account for the money he had expended. The appropriation made
l)y Congress for the Star Mail service for the fiscal year 1879-'80 was $5,900, 000 —
every dollar the department estimated would be required, and every dollar asked
of Congress. He had. spent the whole of this sum in the first three-quarters of
the fiscal year. This had been done by increasing the pay of contractors. It was
the old system. Contractors bid low for the service. The department had pre-
pared the way for this, by advertising for service less frequently than it was
required, and at'a^slower speed than the mails had been carried the previous con-
tract term. Then the contractors having obtained the contracts at low bids, got up
petitions along the routes asking for more frequent deliveries of the mails and
quicker time. On these petitions the increased speed and additional deliveries
were ordered.

SENATOR DORSET'S RAKE.

To show how this business was managed we will instance one case. Senator
Stephen W. Dorsey, while he was still in the United States Senate, entered into a

454 THE POSTAL FRAUDS.

combination with liis brother, John W. Dorsey, his brother-in-law, John M, Peck,
and John R Miner, to obtain as large a number of Star Mail contracts as possible.
They employed an ex-post-offico clerk named Redell, who was familiar with the
routine of the business in the department. He prepared the bids, drew up the
bonds, which must be signed by the bidders, with the amount of the bid inserted,
and then some postmaster must certify that he is well acquainted with the bonds-
ijien, that he saw them execute the bonds, and that he knows that they are good
for the amount thereof. Senator Dorsey sent these bonds, without being signed
by the bidders, without having the amount of the bids inserted, to the postmaster
at Little Rock, Arkansas, a creature of his, who had them executed, with one or
two sureties, and returned them to Dorsey at the Senate Chamber. The whole
thing was a farce and fraud from the beginning. It was so proved before the
Committee on Post-Offices and Post-Roads of the Forty-fifth Congress, in March,
1878. So complete was the proof that Mr. Cannon, a Republican member of the
committee, insisted that the Postmaster- General should be notified of the facts, so
that he might reject the fraudulent bids. The notice was given ; Dorsey himself
came before the committee and solemnly swore that he had no interest, and ex-
pected to have none, in any contracts which might be obtained on these bids. The
Postmaster-General, Mr. Key, in spite of the notification he had received of the
character of the bids made by Dorsey's Syndicate, accepted them and awarded
more than 100 contracts to the members of the Ring. His excuse for doing this
was that the government saved $100,000 a year thereby, as compared with the
price paid for carrying the mails on the same routes during the previous four
years.

Within a month after Dorsey's time expired as Senator, on the 4th March,
1879 — the contracts taking effect, June 30, 1879 — he himself took sub-con-
tracts in a large number of the most profitable of the routes the Syndicate had
obtained. A sub-contractor means the one who actually performs the ser
vice. Dorsey did not perform the service. He sublet the routes to Barlow,
Sanderson & Co., and other contractors. Now, what happened with these con-
tracts which were to save the government $100,000 a year? Before service began
on many of them, and before any of them were six months old, they had been
raised by Second Assistant Postmaster-General Brady, till they — the 100 and odd
routes — cost th(5 government $553,000 a year more than the original contract called
for. These contracts were for four years, so that this Siteal will amount to
$2,212,000 !

TWELVE SAMPLE CONTRACTS.

To show how the government was swindled by allowances by Brady for addi-
tional service and increased speed, we append the following table, showing what
twelve sample routes were originally let for, and wiiat the}' were raised to:

THE POSTAL FRAUDS.

455

*^9aM. Jed

8dlJ)}0
•OK %U9B9J^

•3[90M. J3d
Bdm JO OJI

•q!»i»uai

S 8

i i

S § 8 §

I I- (N

8 S

2 g

S88Sfe§8§S?S§?8
:s li" g g S !? gf g s s ^ s"

8888^88 88

^ cf ^ o o" -^ «" t-^

8 8

00 OS o

I- O I- t» t- I- I- I- t- !>. l>.

I- CO « eo eo e» rH (N I- m

|2SiSSS;S8§L2

iiiiisiissgi

k n

S & «

(1h P^ H

•o^noj
JO -OX

3 § s s

§ § ^

CJ

O

^ ft

^ ^ <

O O

I

i

u

02 -g

CONTRACTOR SALISBURY'S INCREASE.

Here is another table showing how one contractor, Monroe Salisbury, had his
contracts worked up by Brady. These include only those on which the increase
amounted to more than $5,000 a year :

456

THE POSTAL FRAUDS.

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la addition lo these Salisbury liad 58 contracts, and his total increase on the
Whole 75 was more than $1,000,000 a year or $4,000,000 for four years.

GENERAL BRADY's IMPOTENT DEFENCE.

The following is the way General Brady excused himself for his acts. The
questions were put by General Hawley of Connecticut, one of the Republican
members of the committee :

By Mr. Hawlej' : These contracts, if carried out. will make a deficiency. Were they in any proper
sense authorized by law ? A. It was entirely within the discretion of the postmaster-general to do
all that he has done.

CO. Was there an appropriation (considered in the language of the statute) adequate to the
fulfillment of those contracts * A. There was up to a certain time.

(^. My question admits of an answer, yes or no. Was there an appropriation (considered in the
language of the statute) adequate to the fulfillment of those contracts as they stand to-day ? A. 1
answer again that the appropriation was adequate up to a certain time.

Q. And that is as nearly as you can answer ? A. What that time is, we may get at by the
slate.

Q. These contracts not being in existence when the appropriation of $5,9(X).000 was made, could
they have been contemplated at that time ? That question, however, answers itself. They could
not be. How do you meet section 3679 of the Revised Statutes, which provides that you shall not
expend in excess of appropriations ? A. I meet it by saying that we have not yet expended in excess
of the appropriation, and do not propose to do so. We i>ropo8e to bring ourselves within that

statute.

Q, How do you meet that section of the statute which says that you shall not involve the govern-
ment in contracts for future payments in excess of the appropriation * A. My former reply answers
that.

Q. That is to say, that you have a right to kill the contracts so as to keep within the appropri-
ation, is that it ? A. Yes.

Q. But you say in jour statement that the expenditures for the present fiscal year up to the
first of January is $3,800,000. A. Yes ; about that.

Q. Is that the rate at present * In other words, are you going at the rate of $7,600,000 a year-
or have you increased the service so that for the next six months the expenditure would be more
than $3,800,000 ? A. No ; I think not.

Q. You have but $2,100,000 left for contracts that call for $3,800,000. Is that true ? A. I pre-
sume it is ; I have not figured it.

Q. If you have now expended $3,800,000 out of the $5,900,000, there is but $2,100,000 left I
■A.- Something in that neighborhood.

Q. There is.then, $2,100,000 left for contract8,that call for $.3,800,000. That is a little over one-
half. Must you not, then (to say nothing about the month's extra pay), stop all the Star routes
absolutely, about the first of April, in order to keep within 3'our appropriation ? A. I had calcu-
lated that we could run the service exactly as it is until about the middle of April.

Q,. I calculate that it will take you to about the 10th of April, but 1 understand that you are
bound for a month's extra pay in case yon stop the contracts f A. Yes.

Q. So that ^' on have got to stop absolutely about the 10th of March every single Star route
within the United States in order lo keep within I he appropriation authorized by law. Is not that
mathematically correct ? A. It is very near correct, I judge. The postmaster-general was figur-
ing on it the other day, and as the result of his figuring he gave me an order to commence a reduc-
tion on a large number of routes, to take effect immediately. I told him that I did not think that
that would be good policy, as I thou|;ht that Congress was going to give us the money.

Q. Then, approximately, on the lOth of March the service on everj' Star route in the country
must stop. You stated that failure to keep up the service would be disastrous to the contractors.
Did they know that they took their contracts under the risk of an entire suspension? A. No, sir ;
they knew nothing about the internal management of the office in that respect.

458 POST-OFFICE DEPARTMENT.

POST-OFFICE DEPAllTMENT.

PETIT LARCENY.

Petty steals in the departments have given the Democratic Congress great
trouble. Amounts ranging from five hundred dollars to twenty and thirty thou*
sand dollars have been smuggled into the estimates sent to Congress. They are
so covered up in ostensible necessities that it is hard to discover them. In lasj
year's appropriation an item of twenty tliousand dollars in the Post-Office De'
partment estimates was found to be of the character referred to. The House
Committee on Appropriations notified Postmaster-General Key that there would
be no further use in sending in the request for this particular amount.

Eight years ago the Post-Officc Department began llie payment of $20,000 an-
nually for the publication of the official Post-Office Guide. There is no record
of its having been given out by bid and contract. All that appears is an appropri-
ation of this amount to be paid to the Boston publishing firm of H. O. Houghton
& Co. for the publication of the Guide. When the Democrats came into power
the request was changed by omitting the name of the publishing firm, making it
appear that the department was publishing the Guide. When the true nature of
the transaction was learned, the present Postmaster- General was warned that
thereafter no appropriation would be made for the purpose. Mr. Key said in ex-
planation that it was a matter he found in the department when he came in, and
he begged as a personal favor to have the appropriation made. The official Post-
Office Guide is a book known to every one. Its sale reaches into hundreds of
thousands of copies annually. It is corrccled about every three months. The
corrections consist of the mere insertion of new post-offices and the names of the
new postmasters. All this data is furnished to the publishers by the department,
thus, relieving them of all the trouble save the mere changing of the names.
This being accomplished a new edition is brought out and sold at 50 cents a
copy. The profits on the book are thus made enormous. The $20,000 a year is
given as a bounty to the publishers. The pretense upon whic!i this money has
been handed over is that it is in payment for copies furnished the department.

There are many publishing firms who would not only furnish the department
with its copies gratis, but would pay the department $20,000 a year for the priv-
ilege of publishing and selling the Guide ; which is made official by the signa-
ture of the Postmaster- General.

GOVERNMENT PRINTING FRAUDS. 45&

GOYERNMENT PRINTING FRAUDS.

The Government Printing Office was established in 1860. Immediately befere
that the public printing had been done by contract, and had been done fo well
and honestly that its continuance was advocated by the ablest men in both Houses
of Congress, and by Senators Cameron and Hamlin, then the only practical prin-
ters in the Senate. The scheme of establishing a public printing office was advo-
cated chiefly by those who expected to profit by such an institution. Chief among
these was Cornelius Wendell, the owner of the establishment which the govern-
ment bought at an enormous price. Wendell was doing the printing for Con-
gress, was financially embarrassed, and was suspected of being guilty of frauds.

The Committees on Printing of the two Houses had many conferences on the
subject, and listened to the testimony of many expert witnesses as to the feas-
ability of establishing a government printing office. All whose opinions were
worth anything expressed adverse opinions, Mr. Rives saying Ihat the printing
would cost from fifty to one hundred per cent, more if it was done by the govern-
ment itself. Those who recommended the plan were Wendell (who owned the
building in which the printing office is located), English, Larcomb, Powers, and
Defrees, the present public printer. The other three were clerks of Wendell.
The plan was adopted, notwithstanding the character of the opposition, and the
superintendent of public printing was authorized to contract for the erection of a
government printing office by joint resolution of June 30th, 18G0. The office of
Congressional Printer was established February 22d, 1867. John D. Defrees was
the first printer, A. M. Clapp the second, and now Defrees is at the head again.

In 1873 the Congressional Globe v/as discontinued and tlic Congressmial Record
established. The former had been printed by Mr. Rives, the latter is printed at
the Government Printing Office.

No sooner was this great machine set in motion, than suspicion of fraud began
to attach to it. So loud were the complaints and so plain the evidence that in
1874 the Republican Senate was compelled to order an investigation. It was a
whitewashing affair, however, directed only to one subject of inquiry, the charge,
of excessive charges made by the public printer against the departments. Other
charges were made against Clapp while this investigation was pending, but a
hearing on them was rudely refused by the committee. Clapp's attorney was
Dick Harrington, a member of the District Ring, who was himself under investi-
gation at the time.

When the Democratic House came in, however, at the beginning of the Forty-
fourth Congress, it was determined to make a thorough investigation of the print-
ing office. The institution had been established by the Republicans, and was
vigorously defended by Republican influences. With this establishment the cost
of the public printing has increased to between $1,500,000 and $2,000,000, from

4^0 GOVERNMENT PRINTING FRAUDS.

which it is estimated the stealings are from $400,000 to $600,000 a year. Some of
this money is used for printing Republican campaign literature, and for binding
books for the private libraries of members of Congress.

The investigation being ordered, Mr. Clapp testified that he bought his supplies
at the lowest rates, and did his work economically. A number of expert printers,
on the other hand, testified that samples of work shown them could be done prof-
itably for from twenty to three hundred per cent, lower than Clapp had charged.

ASTOUNDING DISCLOSURES.

A. 1\. Spofford, the able Librarian of Congress, testified to the enormous charges
of the government printer for work done for the Congressional library, and said
that he wanted it put on record that he was no party to these frauds, as he was
•compelled by law to send all the books to he bound to the Government Printing
Office, no matter what the charges were. lie brought books to the committee
room and fully illustrated the various charges. The binding for the Congres-
sional library last year cost over twenty-eight thousand dollars.

George A. Gane, of New York City, the proprietor of two of the largest estab-
lishments in this country for the sale of binders' material — one in New York City
and the other in Boston— made astounding disclosures in regard to what the
government printer pays and what he would furnish the same material for. He
said that he had noticed the frauds practiced in the purchase of binders' material
for tlie government several years ago and found out that there was no competition
to the trade. He had written to 3Ir. Clapp, sent him samples, and said that he
would furnish the articles for prices named. Mr. Clapp paid no attention to this,
so a year later Mr. Gane wrote again to Mr. Clapp, calling his attention to his
former offer. Mr. Clapp gave him an order for a small quantity, and, acknowl-
edging the receipt of the material, stated that it was entirely satisfactory, but
never gave another order,

John Gibson, of Washington, a practical printer, who has a large establishment
^vhich he had conducted over thirty years, furnished prices at which he was will-
ing to do the work for the government, and they were one hundred and sixteen
per cent, lower than those charged at the Government Printing Office.

Joseph L. Pearson, a practical printer of twenty-one years' experience, was one
hundred and twenty per cent, lower in his estimates.

All the persons named and many others, who gave similar testimony under
oath, are proprietors of large establishments and are persons of the highest in-
tegrity and bear the highest reputation for truth and veracity, and their, testimony
cannot be questioned.

OVER ONE HUNDRED PER CENT. PROFIT.

In regard to blank books manufactured at the Government Printing Office for
the various departments, including all the custom-houses, Mr. Lewis A. Lipman,
of the firm of Boorum & Pease of New York, the largest blank-book manufac-
turers in New York City, testified that their prices, including profits, were one
hundred per cent, lower than those charged at the Government Printing Office.

It should be borne in mind that in all these charges against the Congressional
printer for work done he takes no account of superintendence, rent, taxes, insur-
ance, repairs, and many other items of cost that amount in the aggregate to a large
sum, and which all private establishments have to take into consideration in mak-
ing up their prices. The foreman in the press room in the Government Printing
Office testified that the presses were run up at a very high rate of speed, in some
cases double what they would be in a private establishment, and hence frequent

GOVERNMENT PRINTING FRAUDS. 46 1

breakages and repairs and early destruction of the presses. To practi*cal printers^
it is only necessary to say that an Adama press is run at the rate of sixteen hundred
impressions per hour, and they can form an idea of the enormous wear and tear
there must be in the course of a year. It makes no difference to the public printer
how long a press may last, for as soon as it is worn out it is thrown away and an-
other purchased.

There is no check whatever upon the person in charge of this vast establish-
ment, and he can purchase whatever material, machinery, presses, type, etc., he
chooses, and makes whatever arrangement he can with parties furnishing such
supplies, and it would be a very easy matter in this way to defraud the govern-
ment of large sums of money. The quantity of type in the Government Printing
Otflce would probably supply every printing establishment in New York City.
They have such a vast supply that if they have a book to print which they have
reason to believe may be ordered reprinted in a year, they keep all the forms;
standing, no matter if there are a thousand pages. Instances in which forms are
kept standing in this way were made known to the committee ; and it was proved
that the cost of composition was charged against the government a second time.

WHAT REPUBLICAN WITNESSES TESTIFIED.

With such facts before them the committee made their report to the House
recommending certain changes, which recommendations were adopted by the
House, and legislation authorizing them was inserted in the Sundry Civil Bill.
The Senate struck out all these safeguards and checks, which were designed by
the House to prevent overcharges and other fraud on the part of the public
printer. Senator Morton advocated Mr. Clapp in the Senate, notwithstanding the
testimony taken by the Printing Committee of the House had been published.
weeks before, had been discussed for days in the House, and had been commented
on by all the principal papers in the country ; and notwithstanding, too, the fact
that nearly all the witnesses and experts who gave this testimony acknowledged
themselves to be Republicans. Mr. Lipman and Mr. DeVinne, who gave the most,
damaging testimony, are staunch Republicans ; and Mr. Behle, an accountant:
who examined the books of Mr. Clapp, is also a Republican and has been em-
ployed for the National Republican Executive Committee as a stump speaker. The-
committee, in selecting experts, had but one object, and that was to obtain com-
petent experts and honest men. Those only who were known as standing at the-
head of the different trades were subpoenaed.

WHAT IS STOLEN.

Some of the frauds practiced were of such glaring character that the testimony
of an expert is not necessary to expose them ; for instance, small blank books,
which can be purchased at any stationery store at retail for from thirty to forty
cents a dozen, the Congressional printer swears cost, at the Government Printing
Office, from sixtj^ to seventy-five cents per dozen. The Revised Statutes, a book of
course familiar to every lawyer, the government printer testified cost three dol-
lars and a half each. This is one of the cases in which he undercharges. The
object of this is to make it appear that work of this kind done at the Government
Printing Office is done at far below the prices charged at private establishments ;:
but when the books of the Congressional printer came to be examined by the
committee it was found that his volume which he says cost three dollars and a.
half actually cost nearly seven dollars. In the same way various other cases may
be mentioned. For instance, the Army and Navy Register, of one hundred and
fifty pages, is kept standing in the forms from one year to another, only slight

462 GOVliRXMENT PRINTING FRAUDS.

changes having to be made in the yearly corrections; yet full composition is
-charged every year, no matter if but a single name has been changed.

From 1863 to 1875, inclusive, the Government Printing Office, exclusive of re-
pairs, taxes, insurance and improvements, has cost $21,767,496.91, or an
average per year of $1,674,422.84. From the data obtained by the House
Committee on Printing, it can be safely assumed that if the work done at this
establishment had been honestly done or given out by contract to the lowest re-
sponsible bidders, it could have been done as promptly and more faithfully, at a
saving of at least forty per cent., or about $§,600,000,

THE FRAUDS PRACTICED IN THE PURCHASE OF MATERIALS

can be judged from the testimony of George W. Garner, a member of the firm of
John Campbell & Co. This house had furnished materials to the public printer
for seven years. Garner testified that Clapp bought from $125,000 to $150,000
worth of material of his firm annually. To show what profit was made on theae
sales, he swore that in a sale of $879.25 worth of imitation gold leaf the firm made
a profit of $570.25. This transaction was more to the discredit of the public
printer because the gold leaf was purchased of Valleau, of New York, and each
package was stamped with his name. Had Mr. Clapp been really desirous of
Tjuying the goods as low as possible he would certainly have dealt with first hands.
On a sale of $4,452 worth of law calf, Garner testified that his firm realized a profit
of $1,264. Generally, he swore, the public printer paid him higher prices than
individuals did. Mr. Clapp swore that he always made his purchases in open
market, but on cross-examination he testified that he bought at private sales and
of whom he chose, never advertising for proposals or bids.
Mr. Clapp was guilty of a

VIOLATION OF CRIMINAL LAW.

In March, 1872, he testified he drew a check for $234 to Philp & Solomons for
"white paper. Solomons swore, however, that the public printer had not pur-
chased a sheet of paper of the firm, and that the check was a false voucher, made
out for Mr. Clapp's benefit. The following is the story of this discreditable trans-
action :

From A. M. Clapp's testimony: Question. Referring to the stubs of your check-book under the
date of March 1, 1872, do you find that a check was drawn in favor of Philp & Solomons for $234 ?
Answer. I do.

Q,. Can you explain for what that check was drawn ? A. I cannot here say.

Q. Do the data you have show that fifty reams of white cap paper were purchased from Philp &
;Solomons on February 20, 1872 ? A. Yes; and receipted for by my foreman of binding.

Q. It shows that you purchased paper from Philp & Solomons * A. Yes, sir.

A. S. Solomons testifies to the fact that not one sheet of such paper was pur-
<;hased from him by the Congressional Printer, but that a false voucher was
made out for the benefit of Mr. Clapp, and used in his settlement with the
treasury.

Question. Did you make an examination in regard to the transaction of March 13, 1872, when the
Congressional Printer drew a check in favor of Philp & Solomons for $234 ? Answer. I did.

Q. Please state the result of that examination. A. We had a large number of blank books
which we desired to sell to the Treasury Department. They needed the books, but had no fund
out of which they could pay for them, and suggested that we should see some one connected with
the public printer. I met Mr. Roberts, whom I believed to be the foreman of the bindery, and re-
lated to him the circumstances. He said he would see about it. Shortly thereafter he made inquiry
as to the number of books in our possession, and subsequently saw and made a selection from
them, footing up the amount we asked for such books. He then informed me that, under the law,
they could not buy blank books, but had to buy paper, and he asked me to make out the bill for the
gross amount of the books ; that was $234. The bill read, " Fifty reams white cap paper, 18 pounds,
at 26 cents per pound, $4.68 per ream," making in the aggregate $234. Subsequently that amount
was paid to us by a check from the government printer, and the account was closed.

govl:iixm3;::,t rr.iNXiNG fkauds. 463

Q. How many books did you sell Ihem ? A. Somewhere between one hundred and twenty-five
and two hundred demy and crown cloth-covered books, ) uled faint only, and paged.

Q,. Did you include in this charge p»per, books, binding, ar.d all else connected ? A. Yes.
Q. In this bill of $234, did you furnish any white cap paper ? A. None whatever.

CL^\J*P CONTRADICTED BY HIS OWN EMPLOYEES.

J. II. Roberts, foreman of binding, Uirougli whom the blank books were pur-
chased, fixes the responsibility upon Ihc Congressional printer, where it properly
belongs, although the printer feigns utter ignorance of the whole transaction.

Question. Did you ever make a pnrchase of Thilp & Solomons of books, and have them make
out a bill for the same as paper ? Answer. Yes, sir.

Q. Was Mr. Clapp conversant with that transaction in its various stages ? A. I cannot say that
I presume I reported to him when I came back.

Rol)erts corroborates this testimony, but fixes the blame on Clapp.

Clapp retained, in violation of law, some $60,000 belonging to the government.
He swore that all this money was in the safe at the office. The clerk of the in-
vestigation M'cnt there, however, and found only $10,257.99 in the safe. A.1-
though Clapp swore the money was nowhere on deposit, and that he had no de-
posit in any bank in the city, the cashier of the Metropolis Savings Bank testified
that he had at that very time deposited in their institution $12,000, drawing in-
terest at five per cent, per annum. The cashier of the Second National Bank
also swore that Clapp had deposited there $8,000, and that his deposits ranged
from $15,000 to $16,000. On these deposits interest was allowed.

WHAT TIIE ACCOUNTANT FOUND.

Mr. C. E. Behle, a very skilled accountant, who spent days in trying to sift
and digest the accounts of the Public Printing Office kept by Mr. Clapp, gave
testimony as follows :

Question. Do the amounts stated in the reports as realized from sales of waste, etc.), agree with
the book entries ? Answer. They do not.

Q. Should, or should not. ihe books sustain the reports ? A. By all means, the books should
corroborate the statements of the reports.

Q. From your examination, state the amounts deposited from October 1, 1875, to March 10, 1876?
A. There are two deposits on October 12 of $9,137.38; and ou November 12, $10,889.93.

Q. What balance, then, would this show to be on hand on the 10th of March ? A. The amount
realized from October 1, 1875. to February IK, 187(5, us shown by loose sheets accompanying sum-
ma,ry cash-book, was $12,580.50; with the balance on hand not deposited on September 30, $63,828.-
88, and the balance as shown by cash-book from H. H. Clapp. from October 4, 1875, to March 10,
1876, $3,850.66, or total receipts amounting 1o $80,260.04, would show, after the deduction of the
two deposits, a balance ou hand March 10, 1876, amounting to $60,232.73.

This amounted, under the statutes, to embezzlement on the part of Clapp.

ONE MORE INSTANCE OF OVEKCHAIIGES.

The various departments of the government use millions of blank vouchers
during the year. There has been no change in the form of these blanks for
the last ten years. The forms on which they are printed are stereotyped, yet
no matter how frequently they arc ordered, full composition (setting type) is
charged on each order, though not a single letter had been changed. The
work for the departments amount to about nine hundred thousand dollars a
year. Many of these blanks are small, and frequently thirty-two of them can
be printed at one impression, yet the Congressional printer charges an impres-
sion for each blank. This system of overcharges on press-work is admirably
illustrated by the chairman of the Printing Committee of the House, Mr. Vance,
who, when the legislation proposed by his committee was under discussion in
the House, spoke as follows :

THE OVERCHARGES ILLUSTRATED.

I next come to the question of overcharges. The overcharges referred to in the contract system
have prevailed here; the same system of '-doubling up," of charging for work that has not been
done.

This paper which I hold in my hand is what is termed a form of sixteen pages. These sixteen
pages are made up in type, locked up in what is termed a chase, and put upon a press. The paper
IS put in and run through the press and comes out with sixteen pages printed on it.

4C4 GOVERNMEXT PRINTING FRAUDS.

Now, the complaint that was made heretofore in discussin<2[thc wrongs practiced nnder the con-
tract system was, that the contractor would print these sixteen pages— would tear them apart and
charge sixteen times for the work. But what do we find in reference to the work of the Congres-
sional Printing Office? We find this identical system carried out there, and it has heen carried out
there through all the books that I have examined.

But now I am speaking upon the present charges. Look at this. Here is a form of sixteen pages,

d be sixteen printed at once. Here

He tears them into sixteen pieces. He makes sixteen separate and distinct jobs of nineteen hun

If these forms were made up of single-sheet reports there Would be sixteen printed at once. Here
are sixteen cut apart. Now the Congressional Printer prints olf these forms of sixteen pages each.

dred copies each. And what does he charge? Not one press work, but sixteen press-works. What
is the result? He makes an overcharge of about $85 for press-work alone upon each and every
form of that sort that he puts through his press. An examination of the books of the Congres-
sional Printer shows that full press- work is charged upon each and every job of work, whether
put through the press singly or combined with other jobs.

Then tTiere are overcharges made in composition. We find by further examination of the Con-
gressional Printing Office that a great many jobs are stereotyped there— hundreds of "them— and
that all that is necessary to do when an order comes from a department is to print it. We find
that in almost every such case full composition is charged, when all he has to do in to take one of
these out, lock it up in a chase and put it on a press, and charge every time the job is ordered.
The books show that these charges have been made ; that it is a rule to so charge.

During the session of Congress, these one and two-page documents Mr.
Yance speaks of, will vary from sixteen to one hundred and fifty a day;
yet there is no single instance where on his books Mr. Clapp has not over-
charged for them.

THE OBJECT OF UNDERCHARGES.

It was found by the investigation that two classes of work were system-
atically undercharged by Mr. Clapp; one of these was the Congressional Rec-
ord and another was the work of the Supreme Court. The Congressional Rec-
ord, it will be remembered, was taken from the private establishment of the
Rives Brothers, and the Supreme Court work was also taken from other private
parties in the City of Washington. For forty years the Congressional Globe had
been printed by the Riveses, and always to the satisfaction of Congress.

Ah examination of the books of the Congressional Printer showed that the cost
of the Congressional Record had been underestimated; in other words, was re-
ported to have cost forty thousand dollars less per Congress than the white
paper, type-setting, press-work and other labor incident to the performance of
the work actually cost. The object of this undercharge was to make Congress
believe that all the work done at the government establishment was done in the
'same reasonable manner. He was enabled to do this by using the surplus of
money accumulated from overcharges on other work to defray the cost of print-
ing the Record which was not reported.

THE PRESIDENT VINDICATES CLAPP AND THE SENATE CONCURS.

Yet, notwithstanding all the facts, which proved beyond a doubt that a system
of corruption existed in the management of the Goverment Printing Office, and
that frauds and overcharges against the government were regularly practiced,
the President renominated Mr, Clapp, who had just been legislated out of office
by the House insisting that the public printer should no longer be nominally an
officer of the Senate. The new office was created, and the incumbent is hereafter
to be known as the Public Printer. To this Mr. Clapp was appointed by the
President ; the nomination was referred to the Senate Committee on Printing,
and Senators Anthony and Sherman reported it back, with a recommendation
that Mr. Clapp be confirmed. The Democratic Senators protested in Executive
session against it, yet Mr. Clapp was by a unanimous vote of the Republican.
Senators confirmed.

PUBLIC BUILDING FRAUDS. 465

PUBLIC BLILDING FRAUDS.

Under Grant's administration the Ring of Republican politicians who formed
the "Kitchen" Cabinet discovered that a gold mine, yet undeveloped, lay in the
construction of public buildings. The total cost of public buildings, from 177J>
down to 1860 were $28,040,170.38. In 1866 the pipes were laid, and in 1868 the
carnival began. The total expenditures for public buildings from 1860 to 187(>
were $51,174,978.05. Nearly all this vast sum was expended under Grant*s ad-
ministration. Of the grand total of $79,805,148.15 expended for public build-
ings since the creation of the government, $28,040,170.38 were expended in the
seventy-one years previous to 1860, and $51,164,978.05 during fifteen years of Re-
publican extravagance and misrule.

The Republican party has had a continuous tendency to create new offices, bu-
reaus and divisions, to provide places for the politicians who were demanding re-
wards for political service. In this manner the Supervising Architect's office, in
the Treasury Department, which was not created by law, has grown to be one of
the most important divisions of the civil administration. From a petty officer,
who had control of the Treasury building extension only, the Supervising Archi-
tect has become the head of a bureau.

Government agents are appointed to superintend the work of construction.
The contractors are friends of the administration, and their employees are ex-
pected to vote the Republican ticket. It is a notorious fact that the workmen in
the granite quarries in Maine, whose work is virtually controlled by the Super-
vising Architect, have for many years been under political duress, and that a re-
fusal to vote the Republican ticket meant prompt dismissal.

The accounts for fuel, gas and water for public buildings pass through the Su-
pervising Architect's office. When Mr. Bristow became Secretary of the Treasury,
he attempted some reform in this direction, but his efforts to check abuses being
offensive to Grant, he was compelled to resign.

JOBBERY IN THE SUPERVISING ARCHITECT'S OFFICE.

During the fiscal year 1872-3 there were twenty-one public buildings in course
of construction, appropriations for which aggregated $10,052,063. There were
no contracts awarded for the construction of the buildings in gross sums, but the
Supervising Architect awarded different contracts for various kinds of work on.
the same buildings. On the total cost of the work the contractors received a
profit of fifteen per cent., or $1,500,000.

THE NEW YORK POST-OFFICE.

The construction of this great and necessary public building in New York was
managed in the interests of a Ring of contractors and politicians. The site for
the building and the plans for its construction were prepared by a commission of
eminent gentlemen in New York, acting under a resolution of Congress. They

99

466 PUBLIC BUILDIXG FRAUDS.

estimated the cost of a larger building than the one now completed, making a
liberal allowance for contingencies, at $3,542,930. These plans were objected to
by the Supervising Architect. The Committee on Post-offices and Post Roads,
however, adopted the commission's plans. The Supervising Architect, through
the influence of the White House, threw the commission's plans aside. The present
building occupies 10,000 square feet less than the one originally planned by the
commission. The work dragged along from year to year, until the citizens of
New York began to despair of living to see the new post-office completed. When
it was completed, the total cost was found to be $7,454,831.68, or neai-lj/ $4,000,000
more than tlie estimated cost of the larger building under the plans of the commission.
The building was constructed in the most extravagant manner. Contracts for
the granite, of which the building is composed, were awarded without competitive
bidding. A contract was made with the Dix Island Granite Company to furnish
stone for sixty-five cents per cubic foot for all stones whose quarry dimensions
did not exceed twenty cubic feet, and one cent additional for every cubic foot in
excess of twenty; and, in addition, fifteen per cent, on the total cost. The con-
tractors made fortunes. The masonry work was performed by day work, under
the inspection of a crowd of superintendents, who received from $0 to $16 per
day each.

THE BOSTON POST-OFFICE.

This public work was constructed upon the same principle as the New York
post-office. Although the former building did not cost so much as the latter, the
jobbery in its construction was more apparent. . The site for the Boston post-office
was purchased in March, 1868, for $453,000. The city government expended half
a million dollars in providing suitable approaches to the site. Merchants of Bos-
ton employed an architect of ability and experience to prepare drawings for the
superstructure of the building. Those plans did not please the Supervising Archi-
tect, who rejected them without even consulting the Secretary of the Treasury.

The sum of $200,000 was expended in laying the foundation. The cost of the
building was estimated at $2,598,967.60. Subsequently an extension to the build-
ing was authorized and the cost was run up in round numbers a million more
than the original estimate.

The frauds in supplying stone and other materials for the Boston post-office
were equally as glaring as those in connection with the building in New York.

The interests of the government were entirely unprotected. Incompetent men
were employed, mainly because of their political influence.

BOSS shepherd's CONTRACTS.

Boss Shepherd, who had a finger in every job where money was to be made,
came in for his share of the plunder at this time. He was the owner of two patents.
One was the Yaux patent roofing and the other a patemt anti-freezing pipe used in
plumbing work. Shepherd made it his business to secure the fat contracts for
plumbing and roofing the public buildings then in process of construction.

His workmen traveled from Washington about the country, their expenses being
paid by the government. Material purporting to be shipped from Washington
was charged to the government at profitable prices, and thus Shepherd was paid
15 per cent, on the total cost, and 10 per cent, royalty for the use of his patents.
The old public buildings were stripped of their gas fixtures and supplied with new
ones purchased from the Tucker Bronlze Company, in which Shepherd was the
principal stockholder. •

PRAUDS IX THE PENSION OFFICE. 467

FRAUDS m THE PENSION OFFICE.

The administration of the Pension service of the United States for the past ten
years has been a disgrace to the country, and an outrage upon the brave men for
whose reward the service was established. The representatives of a grateful
people, then struggling in the throes of civil war, promised the heroes who
marched forth to battle that in the event of their disability from wounds or death,
the government would, in the former case, render them assistance, and in the latter
event, care for their widows and children. This promise implied prompt and
liberal treatment of these most honorable wards of the nation. How those pledges
have been fulfilled none are so well qualified to tell as the men, impoverished
and disabled, who have been knocking at the doors of the pension offices for the
last decade, vainly striving to have justice done them.

For the first few years the work of the pension office was well done. At that
time the exigencies of the Republican party were not such as to demand the con-
version of the pension service into a political machine. The service was managed
for the benefit of those whom it was intended by the people to reward. In the
year 1866, with a clerical force of 175, over 50,000 original pensions were granted
by the Pension Bureau.

CONVERSION OF THE PENSION OFFICE INTO A POLITICAL ORGANIZATION.

In 1875 the Pension Office was called to the assistance of the Republican party.
In that year there was an average clerical force of 420, and only about 12,800
original cases were considered and granted. The object of the administration was
to give as many politicians places as possible, and to so retard the work as to keep
these political hacks in steady employment. Between the 4th of March, 1875,
and the 6tli of February, 1876, 128 employees were discharged to make room for
98 new men. From the 4th of March, 1875, down to the present time, four dif-
ferent Commissioners have been in office. The present Commissioner, Mr, Bentley,
has been in office since 1876. There has been trouble in the operations of the
office ever since. Attorneys and claim agents, who do by far the greater part of
the pension business of the country, have not been given facilities for the speedy
transaction of their work. Individual applicants complain of the treatment they
have received in presenting their claims to the bureau, and members of Congress
have been harassed in securing information for their constituents. Since March
4th, 1877, Democratic Congresses have voted $117,493,000 for the payment of
pensions ; of this sum $25,500,000 has been voted to pay arrears of pensions. In
1876 employees of the Republican Congressional Committee were borne on the
rolls of the Pension Bureau, but did no work there.

AN INVESTIGATION OF THE PENSION BUREAU.

At the last session of Congress the abuses in the Pension Bureau had increased
to such an unusual degree, complaints of delays in the settlement of pensions were

468 FRAUDS IN THE PENSION OFFICE.

SO frequent and universal, that the House determinea to take official cognizance
of the matter. On the 12th of January, 1880, Mr. Harmer, Republican, introduced
the following preamble and resolution in the House :

Whereas, it is a matter of public record that soldier's claims for pension to the number of two
hundred thousand are now pending in the Pension Office and unsettled ; and whereas, it is alleged
that bounty and back pay, due under existing law to soldiers who have served in the armies of the
United States, are due and unpaid; therefore,

Resolved by the House of Representatives of the United States of America, That a committee of
seven members of this House be appointed by the Speaker, whose duty it shall be to examine and
inquire into the method and manner of the payment of pensions, arrears of pensions, bounty, and
back pay, and to ascertain whether any irregularities exist in the payment of the same: and the
said committee shall have further power to investigate any subject of complaint that may be lodged
with them concerning the payment, rejection, or suspension of pensions, bounty, ana back pay;
to examine witnesses, to send for persons and papers, to employ a clerk, and to report the result
of said investigation to this House, with a view to the enactment of such additional legislation as
may correct existing defects and as may be deemed necessary to protect the pensioners and soldiers
of the government fn their rights.

And be it further Resolved, That the expenses of the said committee shall be paid out of the
contingent fund of the House upon vouchers signed by the chairman of the said committee.

The resolution was promptly adopted, and the Speaker appointed A. H. Coff-
roth of Pennsylvania, George W. Geddes of Ohio, W. R. Myers of Indiana,
Benton McMillin of Tennessee, A. C. Harmer of Pennsylvania, Lucien B. Cas-
well of Wisconsin, J. R. Thomas of Illinois, as the committee.

The investigation made by the committee proves beyond question that the
present administration of the Pension Bureau is solely responsible for the grievous
delays that pensioners suffer in securing action upon their cases. The Democratic
House has been most liberal in dealing with the soldiers of the late war. It
has not alone given the Union soldiers increases and arrearages of pensions but
it has furnished the Commissioner of Pensions with every facility for the speedy
transaction of business in his bureau.

After the Arrearages Pension Act was passed Congress promptly made an addi-
ional appropriation for an increase of clerical force. To-day the number of
employees in the bureau proper is 590. On the 30th of June, 1879, there were 364
clerks in the office, independent of laborers, mechanics and engineers.

With a largely increased force the work of the office has steadily fallen behind.
The number of applications for pensions has, it is true, largely increased, but the
Commissioner has so organized the work of the office that there are duplications
and delays innumerable.

The investigating committee had no opportunity to make a report at the last
session of Congress, and a large portion of the evidence taken has not yet been
printed. Mr. Bentley, the Commissioner, first appeared before the committee
and made a long statement about the work of his office. The main purpose of
his testimony seemed to be to show what a large increase of cases there had been
since 1877, and to impress the committee with the idea that there was no possible
method by which the business of the office could be quickened. According to a
table prepared by the Commissioner, there have been filed and allowed from 18G3
to January 81, 1880, excluding claims for increase, arrears and bounty claims,
pension claims as follows: Applications filed: Invalids and widows, 608,511;
navy, invalids and widows, 9,918 ; war of 1812, 73,342.

Of the total of 608,511 applications filed from the army, 347,137 were allowed.
Of the total of 9,918 navy applications filed, 5,796 were allowed, and of the
73,342 applications from survivors and their relatives of the war of 1812, 53,974
were allowed.

BEFORE THE PENSION BUREAU BECAME A POLITICAL MACHINB.

For the purpose of comparing the work done in the bureau, when there were
no political influences at work, with the administration of the office at the present

FRAUDS IX THE PENSIOX OFFICE. 469

time, the class of pensioners known as invalids have been selected. In 1866, 22,645
invalid claims were allowed. There were then 175 clerks in the bureau. There
are now 590 employees iu the office, and from June CO, 1879, to February 1, 1880,
three-fourths of the fiscal year, only 3,332 invalid claims had been allowed. The
number of applications filed during that time for invalid pensions was 50,938,
while the total number of such applications filed in 1866 was 35,799. In 1866 the
bureau did not possess the facilities for quick transaction of business that it
now does.

SINCE IT BECAME A TOLITICAL MACHINE.

Since 1875 the work of the Pension Office has been constantly falling behind.
In June, 1875, according to the testimony of Mr. Bentley, the pending claims
were 73,795 ; on June 30, 1876, 88,973 ; June 30, 1877, 91,444 ; June 30, 1878,
120,387 ; June 30, 1879, 184,709. This included 48,064 claims for arrears from
old pcHsioners. On the 1st of February, 1880, there was an aggregate of
^69,178 claims pending. Mr. Bentley said that 64,000 of these claims were in
the rejected files, and of that number 25,000 were dead cases. The rejected
cases, with the exception of 25,000, however, are yet alive, and can be reopened,
so they properly belong in the class of pending cases. During all the time that
these cases were accumulating. Congress was increasing the clerical force of the
office. Instead of devoting this force to the pension work proper, Mr. Bentley
was inventing a new system for doing the work. Hundreds of thousands of
names had to be copied, lists revised, etc., and the work was not finished until
the end of the last fiscal year. He made nine divisions for work, and employed
nine chiefs of divisions, and did away with some of the old time distinctions.
These chiefs of divisions have from twenty to fifty men underneath them.
Although Mr. Bentley has a high opinion of his new system, the practical
results of its operations do not seem to be successful.

The following extract from Mr. Bentley's examination will show the length of
time necessary to obtain a pension :

Mr. Harmer : Is it not very exceptional for cases to be reached within a year from the date of
application ? A. There are a great many more cases pending longer than a year than there are
cases settled within a year from the date of application. There are many cases pending six or
seven years.

Mr. Harmer : So few cases have come under my notice that have been settled within one year
or even within two years from the date of application, that I am led to make these inquiries.

Mr. Thomas : And yet there are cases that have been settled in much less time. I have
knowledge of one that has been settled within four months from the date of application. A. That
is certainly exceptional.

FAVORITISM IN THE PENSION OFFICE.

It is charged that gross favoritism has been shown certain pensioners of
influence, and members of Congress who are especial friends of the Com-
missioner.

One instance of this kind in particular was brought to light in the testimony
of Charles King, Esq., an attorney of this city. William P. Copeland, a Wash-
ington lobbyist, applied for arrearages of pensions. Mr. King testified in rela-
tion to his case as follows :

When Mr. Copeland made his affidavit, he said he thought himself entitled to a pension, and de-
scribed his disability ; and after he described it, I told him I thought he was entitled to a pension
of from $-i to $4 a month. I asked him the effect that it had upon his capacity for business. He
said it had obliged him to abandon his business, and he had taken up the busmess of journalism.
"And," said he, " I would like to get that pension immediately, for lam going to California to
represent several newspapers, and I wish there was some way to hurry it through so that I might
get the money to use." I told him we had refused for several years to go to the Pension Office to ask
any favor in any case, but that if any public man would go for him, to represent his interests, or if
he would himself go to the commissioner and represent the urgency of his case, perhaps the com-
missioner woiild do something for him. He said he would try it. We made out his apolication,
and he took it up. He called on us a day or two or perhaps a week, afterwards, and said that the

470 FRAUDS IN THE PENSION OFFICE.

arrangement was all made, and the case would be made " ppeclal.'" We filed that application cm
the 10th of July, 1879, and in just seventj'-five days from that time the pension was allowed to him,
and he drew nearly $400. He was a man in no distress whatever for the money, but it was a matter
of convenience for him, and he said that he would be very niuch obliged to us if we would put him.
in the way of hastening it.

Mr. Geddes : So far as you know, what were the influences brought to bear to bring about that
speedy allowance ?

The witness : I do not know ; only it was suggested to him by me that, being a newspaperman,
it wis probable that he would have considerable influence in that ofllice. Said I, " I see no other
way."

The Chairman ; "Why should he have special influence because he was a newspaper man ?

The witness : I have noticed for several years back a great deal of what I call trash and stuff,
eulogizing the Pension Office and its management, and every little while there would be a flaming^
statement that Commissioner Bentlej^ had discovered frauds here and there ; that Commissioner
Bentley had ascertained that the claim agents were doing this, that, and the other thing ; a con-
stant tissue of this sort of twaddle has been going out from here for at least three years.

Mr. Geddes : When you made that suggestion, did Copeland say he would use the means you
suggested, or did he tell you afterwards that he had done so ?

The witness : He said he would act upon the suggestion, and subsequently told me that he had
acted upon it, and that the matter was all right, and that he would soon get his pension.

The Chairman : Do you know whether he wrote any flaming articles, such as you described ?

The witness : I do not know who does write that literary trash, and never have known.

Other cases where favoritism had been shown were brought to the attention of
the committee.

THE EX PARTE INVESTIGATION SYSTEM.

One of the most glaring evils of the present pension system is the practice of
employing spies or special agents to investigate pension cases after allowances
have been made. The wrong is not in making the investigations, but in the man-
ner of conducting them. Certain clerks are detailed by the commissioner of
pensions to investigate suspicious cases. Sometimes the enemy of a pensioner
writes to the bureau that the said pensioner obtained his pension by fraud. The
spy of the bureau goes to the informer secretly, and obtains from him all the
hearsay information he possesses. The spy is then directed to other enemies of
the unsuspecting pensioner, who in turn give him their suspicions. The object
of the investigation knows nothing of the inquiry in progress. He is not allowed
to appear in his own defense. The spy measures his success in the business by
the number of fraudulent pensioners he discovers, and the consequence is that he
reports every man guilty until he is proven innocent. The first information the
pensioner has of the occurrence is notification that his name has been dropped
from the pension rolls. If he is able immediately to establish his innocence two
or three years may elapse before he can get his name upon the rolls again.

George M. Van Buren, ex-pension agent in New York City, in his testimony

said :

The special agents are as a class a low order of spies. They feel that the more cases they can
report, the better their standing with the department, and they become spies, informers, tricksters,
persecutors and prosecutors. Generally they look only to find those who will report against the
claimant and get the credit of stopping the pension. One of the worst of these examples was
found in Western North Carolina, where a speciiil agent was sent who filled out such affidavits as
he wanted and then hunted up witnesses to make them, often reading on'y a part of the affidavit (r
wish this statement to be taken as made, not of my own knowledge, but upon information). In
this case a whole host of pensions was stopped, and the department, finding they could not stand
the odium of such a man, discharged him, giving as a reason that he charged in his vouchers $3 per
day paid for the use of a horse, when in fact he paid but fiftv cents. Another agent was sent
after him and reported these facts as I have stated to the Pension Office, but, strange as it may seem,
these pensioners are still suspended."

Mr. Bentley does not approve of the monstrous ex parte law enacted by the

Republican administration. He alluded to it before the committee as follows :

This system is conducted now on a somewhat different basis from that on which it was started.
Originally the system was that an agent went out, took a case, and played the part of a detective.
That was his business. He made his reputation by trying how many pensioners'^ heads he could cut
pff. He did not report evidence. He simply reported what results he found. He wrote down
that such and such was the case and sent it in, and on that report the pensioners were dropped from
the rolls. In later years it was changed, so that all the evidence was required to be taken by affi-
davit and sent into the office. That is the system now. There is another thin^. Without con-
demning myself or any of my predecessors as being politicians, or using these othcers for political
purposes, I desire to call attention to the fact that t\yi system is peculiarly open to that abuse. I
might go on and name many other grounds upon which such a system is peculiarly open toi

FRAUDS IX THE PENSION OFFICE. 471

abuse, *************

I have known cases where they went so far after they had been detailed as to be caught in some
political engineering, but I believe none of those men went out a second time.

Mr. Geddes : On demanding money for a favorable report ?

Mr. Bentley : Well, I hear many allegations made against agents. I have a case now in my mind
where very serious allegations are made against an agent whom I have believed to be one of my
best and most efficient men. Whether the allegations are true or false I do not know, but I mean
to find out. 1 have no knowledge of charges of bribery.

Mr Harmer : I have now on my files a number of cases in which great injustico has been done,
to which I shall call the commissioner's attention at a proper time.

DROPPING PENSIONERS FROM ROLLS WITHOUT NOTICJ.

Commissioner Bentley has plainly violated one provision of tlic statutes inliis
management of tlie Pension Office. He has dropped men from the pension rolls
without giving notice to the pensioner and without hearing sworn testimony. The
chairman of the committee, prior to the investigation, held a consultation with the
commissioner, and pointed out to him wherein he thought he was exceeding his
powers. The following testimony was taken upon this point :

Q. Then under the present rule, adopted since the conversation with the chairman of this com-
mittee to which you have referred, there are no cases in which parties have been dropped from the
rolls without notice ? A. Yes, there are some. There are all these cases that are included within
the provisions of section 4719; but no names are now dropped from the rolls, in cases where the Pen-
sion Bureau takes aggressive steps to drop them, without ^ving notice to the claimant ; and except
in cases that were dropped on the certificate of an examining surgeon, there have been no such in-
stances for several years.

The Chairman : I will state the position which I took in my consultation with yon with refer
ence to that section of the statute. It was, that where you had notice that a certain party was
drawing a pension who was not entitled to it, you were obliged to have a sworn statement of the
facts alleged before an examination could be ordered, and that the statement or statements would
have to be under oath, all except the certificate of the surgeon, he being by law preuumed to be act-
ing under oath.

Mr. Bentley : If you state that as your interpretation of my power and my duty under the law,
I must beg leave respectfully to disagree with you, because I don't think you are correct. I think
that I may order any invalid pensioner on the roll to go and be examined, without having any alle-
gations against him at all.

The Chairman : Yes, but I do not refer to cases of that kind. I mean cases where the order
for the examination results from allegations or charges made by somebody, and what I contend is
that those allegations or charges must be under oath.

Mr. Bentley : I do not agree with you in that. I think that I may or may not require the pre-
liminary statement to be under oath, as I please. The mere ordering of an examination is one
thing; the taking of aggressive steps after the examination has been made is quite a different
thing. I do not tnink it is necessary under the law that preliminary statements made to me shall
be under oath.

The Chairman : But how do you get around the provision of the statute that " in no case shall
a pension be withdrawn or reduced except upon notice to the pensioner and a hearing upon sworn
testimony."

Mr. Bentlev : I do not withdraw or reduce until after the examination— never before.

The Chairman : Then the act of Congress is made void by your interpretation, because /could
write a letter stating that a man was not entitled to a pension, and, upon that statement, you could
order him to be examined.

Mr. Bentley : I couldy but perhaps I would not.

ABUSES IN THE PENSION OFFICE.

Nathan W. Fitzgerald, formerly general clerk of the Pension Office in Indian-
apolis, and at present claim agent in Washington, gave the committee the benefit
of his experience in the Pension Office. Mr. Fitzgerald and indeed every witness
examined by the committee were Republicans. No political bias can be attrib-
uted to his testimony. He had 25,000 pension claims pending in his office at the
time. He said :

For the last two or two and a half years I have noticed a very considerable increase of the delay
in adjusting claims beyond what occurred prior to that time. About two years ago, I believe, the
commissioner notified Congress that he did not require any more clerical assistance at that time, so
that I suppose the delay has arisen not from the lack of clerical force, but because of the Comniis-
sioner's desire to institute another line of examination and procedure in the matter of pension
cases.

By Mr. Geddes : Q. From your own personal knowledge, to what do you attribute the delays in
the Pension Bureau ? A. I attribute the delay at present to alack of clerical force and to the want
of a proper organization of the oftice. From my knowledge of the mode in which the business has
been conducted, I do not believe that the office is properly organized ; I do not think it is organ-
ized, for instance, on the basis on which a private individual would conduct a business of that kind
so as to get the most out of it and to obtain the greatest amount of labor for the number of persons
employed ; I think there is a very great fault in the organization of the Pension Office in that re-
spect. . . . , , , ,

Q. Do you know of any changes that have been made by the Commissioner which have corrected

472 FRAUDS IX THE PEXSIOX OFFICE.

that condition of affairs ? A. I do not. With the liermission of the committee I will state a matter
Avhich will show you the want of system in that office. Within the last four or five months I have
Tcceived duplicate, sometimes triplicate, and sometimes quadruplicate letters from the Pension Office
containing the very same matter exactly. For insstance, I file a claim for a pension ; shortly aftcr-
Avards I receive notice from the offlee that the claim has been received and placed on the files and
^iven a certain number ; then in the course of two or three weeks along comes another letter giv-
ing the same notice exactly ; that causes me to set my clerks at work to search my files for the case,
and then I discover that I have already one such notice on file and that this is a duplicate. Such
cases have often occurred, and even triplicate notices are C[uite frequent.

Q. To what do you attribute these repeated communications containing the same substance?
A. It seems to me that if I conducted my business in that way it would indicate a luck of manage-
ment ; if I managed my business in such a way as to have my clerks do the same work over again
two or three times, I should think there was a waste of material and a lack of system.

Q,. Do those notices in every case come from the same branch of the office ? A. Yes, sir ; from
the same branch.

THE INTERMINABLE DELAYS.

Mr. Fitzgerald testified that generally six months or a year elapssd after evi-
dence is filed in a given case before any answer or communication is received in
reply from the Pension Office.

Q. Can you state whether, in his rulings upon the la^? and the evidence, the commissioner i^
liberal toward the applicant and the pensioner, or whether he rules always against them? A, I
know that in my practice in every case to which I have given my personal attention rejections are
made on technicalities of cases which a liberal ruling— that is, a just and equitable ruling— would
pass. I have had a great many cases rejected where the office seemed to be sorry for its action after-
Avards, because they have often taken up such cases and allowed them afterwards without my call-
ing them up again at all.

The witness then explained the difficulties under which pensioners suffer in
securing their claims, through the severity of the Pension Oilice. Circumstances
frequently occur to prevent a claimant from obtaining proof of treatment in the
service for a wound or disease, owing to death or absence of the surgeon, although
the claimant's old comrades and officers testify that the man was wounded or dis-
eased, he seldom has the good fortune to secure a pension. la the witnesses' prac-
tice the number of cases at first rejected by the Pension Bureau, and afterwards
granted without request, is so xarge that he does not remove rejected cases from
the files of his office ; expecting, like Micawber, that one day or another something
will turn up. The average time for settlement of his claims exceeds two years.
The testimony of Mr. Fitzgerald on the subject of dropping pensioners from the
Tolls without notification contrasts severely with the testimony of the Commissioner
on that point.

Mr. Ilarmer : Q,. Do I understand you to say that a number of j'our clients who had been placed
on the pension roll have been dropped on the report of special agents? A. Yes, sir, some of them:
I cannot tell just how many.

Q. In how many of those cases were the pensioners notified and given an opportunity to file tes-
timony in their defense? A. I do not know of any such case.

FALSE RATING OF DISABILITY.

One of the greatest abuses in the pension system is the way in which pensioners
are rated according to the extent of their disability; A sample is as follows : Henry
A. Smith, pension $4 per month from June 15, 1864, to June 6, 186G; $S "per month
from June, 18GG, to January, 1879, and $18 per month from January, 1879, on.
The pensioner's disability was the same from 1864 to the present time. Mr. Fitz-
gerald submitted thirty-two glaring cases of this unjust and inexcusable rating of
certain favored pensioners ! Another abuse complained of is the authority exer-
cised by the Commissioner to change ratings. If Brown comes before a board of
surgeons in Nev/ York, is examined and rated by the board to receive a pension of
;§8 per month, the Commissioner, on the authority of the medical referee m Wash-
ington, who knov73 nothing of the case, can rate the man $4 per month. These
instances are of frequent occurrence. Ex-Pension Agent Van Buren, in his te«*'
mony on this point, says :

NO LAW OR JUSTICE FOR IT.
The surgeons— old anny purjjeons, three of them —examine a man, and they "ive him »« three-

FRAUDS IN THE PENSION OFFICE. 473

fourths or total pension, and, upon review, the Pension Office issues him a certificate for a one-fourth
or one-half pension, virtually stealing the balance. There is no more Jaw, justice or authority for
this than for the President approving a bill for $25,000 after its passage for $100,000, and the com
mittee should draw articles of impeachment at once in the case. No monarch could exercise more
complete sway than the Commissioner of Pensions. The entire weal or woe of these thousands of
])oor pensioners rests upon his mere ipse dixit. I submit that the law gives the President a right
to approve or to disapprove a bill, and the Commissioner to approve or to disapprove of a ratin^ of
a board of surgeons; but right here comes In the devilishness of the scheme; while lie does neither
approve nor disapprove, he stabs in the dark. (I do not mean personally, but I mean that the de-
partment takes tlie man entirely in the dark.) He throws aside the rating of the surgeon, and his
medical referee, who never eaw the applicant, gives him his own rating, and the certificate is issued
giving a pensioner a pension of $2 a month when he feels that he should receive $8 i>er month, and
lie knows he is unjustly dealt by; that a species of lynch-law has been enacted towards him, but
can't tell where, and hence no appeal, and ne curses the government he strove so earnestly to save.
Do you ask how I know this? I say I have seen and heard boards of surgeons give these ratings,
and then have seen the certificates come back at these lesser rates.

AN expert's TESTIMONY.

!Mr. Yan Buren is familiar with all the workings of the Pension Office. He says
that he believes the whole struggle in the Pension Bureau is to find work for the
clerks, and not allow pensions. lie says:

Now, in my opinion it is very slow work for an office where there are five or six hundred clerks
to issue only 3,360 pension original invalid claims in seven months, although the arrears might
have interfered. From the 13th of January to the 26th of February there were only 900 original
pension claims of invalids issued; not, in my opinion, because they could not be issued, but because
the commissioner dare not issue them.

Q. Why d ire he not issue them? A. Because he has no money to pay them.

Q. Has Congress refused to give appropriations for the payment of pensions? A. The Commis-
sioner of Pensions, a year ago or thereabouts, when Congress asked him if he needed any more
clerical force, replied that he did not; and I think he did.

Q. Thai is not an answer to my question. I ask you if Congress has ever refused to make ap-
propriations for the payment of pensions? A. I do not think so.

PRESIDENTIAL POLITICS IN THE PENSION BUREAU.

Q. Then why dare not the Commissioner issue these pensions, and why would he not have the
money ? A. He does not ask for it. In my opinion —that is, a political opinion.

By Mr. Gteddes : O. But why would the Commissioner feel a personal or official interest in keep-
ing back cases; simply because of the amount of money that would be required to pay them if al-
lowed ? A. Because I do not think the Treasury Department wishes that that should be the case.
I think that Mr. Sherman does not want to have so many million dollars turned out of the treas-
ury; and in my opinion that is the difficulty and the reason why this money is not called for. But
I believe that if called to the notice of the President they would be paid, as he was a soldier and is
in sympathy with them. Now it takes thirty and odd million dollars to pay the regular pensions
for the next year, the cases now on the roll; and for every one thousand pensioners that are put on
the roll the first payment alone will take a million dollars, so that if 20,000 are put on the roll, next
year it will take $20,000,000 to make the first payment in addition to the thirty or thirty-three mil-
lion dollars required to pay these regular pensioners; it will take a million dollars for every one
thousand cases that he puts upon the roll, and if he issues 40,000 cases it will take $40,000,000 to
pay them, and Mr. Sherman will not be able to report what he would like to report until after
the next campaign.

Qi- What he would like to report is a decrease in the public debt. I suppose? A. And so forth.
I will say that I am a radical Republican and do not want to interfere with the p irty in any way.
I am a Grant man, and have always been so. I have the figures here by which I can give you the
number of invalid pensions that have been issued up to certain dates. On the 14th of June last
there were 160,771 ; on the 15th of Jannary, seven months and a day later, 164,130 ; on the 26th of
February, 165,038; on the 19th of March, 165,673; from February 28th to March 19th there were a
little over 600 cases.

Q. Have you in vour mind any other reason why the Commissioner in his official or his personal
capacity would be biased toward withholding the allowance of cases ?
** #* ** if ** ** if t- *

The witness : W^ell; I believe that the whole system for the last couple of years has been aiming
toward centralization, the one-man power, if you choose to say it, in the Pension Office ; I believe
the rulings in the action of the J*ension Office have been made so that the Commissioner
could have the entire control and management of the pensioners throughout the. aountry in his
own hands.

Q. Do you know any other reason or motive for these delays which you say occur in the settle-
ment of pension claims ? A. I think the Commissioner of Pensions or the Bureau should act as a
judge in these cases. The practice, for the last few years particularly, has been for him to act as a
prosecuting attorney and as a strong defendant in these cases, seeking not to do justice to the pen-
sioner, but to defeat every claim by any possible means. That nas been the practice in my
opinion.

ONE SPECIAL CASE — A SAMPLE ONE.

!Mr. Van Buren knew one case of favoritism exercised by the Commissioner at

the expense of some poor soldier.

Q. Do you know of any cases m<»de special unless the claimant was sick or greatly impoverished?
A. General Graham, Surveyor of the Port of New York, whom I met in the Pension Office draw-
ing a good many hundreds of dollars, told me that his case had been made special, and I think he

474 FiiAUDS IX Tiii^: pexsiox office.

said that within six weeks he got his pension. I know that he asked me about it, and he had made
the claim for a pension onJy a very short time before.

Q. Do you know anything about liis condition or his embarrassments ? A. He is getting $6,000
or $8,C00 a year as Surveyor of the Port of New York.

Q, Do you know on whose request his case was made special ? A. I do not.

Q. Can you name any other case ? A. I do not know that I could name any other case now; if I
were in New York I think I could.

PENSION ATTORNEYS.

There are about 16,000 persons practicing before tlie Pension Bureau, and

styling tliemselves "pension attorneys." A great majority of this number are

claim agents. Charles King, Esq., in his testimony before the -committee, swore

that three-fourths of the pension business of the country is done by 100 men, and

the attorneys residing in Washington have probably 100,000 of the 240,000 live

cases before the bureau. According to Mr. King's estimate there are several

thousand attorneys having from one to thiec or five cases each.

"Now," said Mr. King, " if this is even approximately true, it seems to be perfectly apparent
that the Pension Office is contending with a mass of incompetency and ignorance that, to me,
would be utterly appalling. If I were commissioner I should get on my knees and pray Congress
to give me some relief, and I am not at all surprised at the condition in which the office is said to
be oy the officials who have it in charge. But my position is that the failure is in not making a

E roper selection of persons to do businefs with the office, and in my judgment the CommissioHer
as full power to do that under the advice of the Secretary of the Interior and the President of
the United States, to both of whom he can appeal under the law."

It is an undoubted fact that the Commissioner, by allowing irresponsible per-
sons to practice the claim business in his office, has retarded the work of the
bureau, and in many instances injured the claims of applicants for pensions.
Pensioners can understand how many of tlieir claims come to be rejected by the
following sample. This communication was sent to Mr. King from the Pension
Office :

You are hereby informed that claim No. 225,454, of John Friend, as guardian of the minors of
Elias Friend, is rejected on the ground that the disease, consumption, of which the soldier died,
was not contracted in the United States service.

That notification did not inform the attorney of the precise difficulties supposed
to exist in the case. He had no means of knowing whether the office had evi-
dence that consumption existed in the man at the time of his enlistment, or
whether consumption was contracted by carelessness on his part, or whether the
disease originated after his discharge from the army. These points are important,
as the man might be able to give an explanation which would show him to be
entitled to receive a pension.

THE PENSION OFFICE DEFINITION OF LOYALTY.

Loyal people who resided in the Southern states during the war have had great
difficulty in obtaining pensions and settling bounty land claims. The Union
soldier who left his home to fight the battles of his country has often suffered
greatly because of the severe ruling of the Department. Circulars have been
issued from the Pension Office from time to time declaring that in proving loy-
alty, both in invalid and widows' cases, where loyalty is necessary to be proven,
it must be shown whether the applicant paid taxes to or in any other manner
aided or abetted the Confederate cause. Such a test of loyalty was never heard
of. Men may be disloyal to this government and yet pay taxes to it. A Union
soldier owning property in the South may have left his wife upon his farm.
Unless she paid taxes her sole means of support might be taken from her. If she
did pay the taxes, and her husband was killed in the Union army, she could not
obtain a pension on his account.

CHIEFS OF DIVISIONS CONTRADICT THE COMMISSIONER.

The committee examined the nine chiefs of divisions in the Pension Office as

FRAUDS IX THE PENSION OFFICE. 475

to their duties. It will be remembered that the Commissioner said that he did
not desire an increase of his clerical force; that such an increase would not facili-
tate the work of the office. Each of the chiefs of divisions swore that an in-
creased number of clerks would assist materially in pushing forward their work.
Mr. Bentley was contradicted by his own subordinates, who should have had
more politeness. A number of witnesses appeared before the committee who
declared that they had been dropped from the rolls without notification. Others
testified that they could not obtain from the Bureau the reasons why their appli-
cations were rejected. Still others declared that they had been refused informa-
tion about cases when they applied personally. The investigation showed that
the office is mismanaged; that its business is not conducted for the benefit of the
soldier and sailor, but to promote the political aspirations of certain Republican
office-holders. In fact, the Union soldiers need only read the record evidence of
this investigation to be convinced that a change of administration is needed to
give them the tardy justice they have been so vainly striving to obtain under
Republican rule.

476 FRAUDS IN THE DEPARTMENT OF JUSTICE.

FRAUDS IN THE DEPARTMENT OF JUSTICE,

WHAT IT COST THE TAXPAYERS TO SUPPLY LUXURIES FOR
REPUBLICAN ATTORNEYS-GENERAL.

FREE RIDES, FREE TICKETS, FREE LITERATURE AND OTHER CONTINGENT EX-
PENSES OF THE . DEPARTMENT OF JUSTICE.

In the good old days, before the Republican party got possession of the govern-
ment, a Cabinet officer would have been shocked at the suggestion that his ex-
penses for carriage hire, novel reading, visiting cards, trips to Long Branch, and
the like, could be legally charged in his account against the United States.

In the opinion of Democratic Cabinet ministers this would have been as gross
an abuse of law and decency as to charge the government with their clothing and
board. The plan of assessing the government for expensive pleasure excursions,
costly equipages, tapestry, carpets for private dwellings, and servants in livery,
whose names were borne on the pay-rolls as messengers, was inaugurated by the
Rev. James Harlan, a Republican Secretary of the Interior.

There was something in this idea of ease and luxury at the public expense that
commended itself to other departments, and it has been fashionable in Repub-
lican administrations ever since, and especially so during those of Grant and
Hayes.

The Attorney-General, and latterly the Department of Justice, have been con-
spicuous for abuses of this kind.

Taking the Attorney-General's office for a period commencing June, 1875, and
ending the same month in 1879, and we find the following aggregate cost, year
by year, for a few only of the unnecessary items of luxury purchased, and a few
only of the vast number of the contingent expenses of that office.

This statement is taken from the official reports of the Attorney-General cover-
ing the period named. It should be remembered that the money so expended
came out of the pockets of the taxpayers of the United States.

REPORT OF 1875.

THE OFFICIAL CARRIAGE.

Salary of driver of Department carriage .<..<.. $840 00

Livery (3) horses 903 00

Horseshoeing 101 00

Medical attendance 2 00

Carriage repairs 399 63

Harness and repairs 178 62

$2,424 25

Street-car tickets — 59 70

Partisan Newspaper subscriptions paid por by the taxpayers 64 00

XlTEBATURE 59 25

FRAUDS IN THE DEPABTMEJfT OF JUSTICE. 477

MISCELLANEOUS.

Washing towels $165 14

Hack hire 4 50

Poiftrait Attorney-General Ackerman 500 00

Visiting cards 2 00

Trip to Long Branch , 188 59

$810 23

Summary $3,417 4S

REPORT OF 1876.

THE OFFICIAL CARRIAGE.

Driver of Department carriage $787 11

Livery (3) horses 912 50

Horseshoeing 73 25

Repairing carriages 293 79

Harness 102 00

New carriage 650 00

$2,817 65

Street-car tickets 72 07

Partisak Newspapers paid tor by the taxpayers 73 75

Literature 116 50

MISC ELLANEOU8.

Two trips to Lon^ Branch. ,\ < . . i < . • 53 29

Re-npholstering f sofa and 7 chairs 100 00

J. W. McKnight, of the Feather Dusting' Legislature, % chamois skin 500

2 pairs gloves 6 00

2,000 visiting cards (Mrs. Taft) : 12 00

80 packs do, do, do, and printing 60 00

Portrait Attorney-Gen, Taft 750 00

do. Judge Clifford 456 00

Electric bell 40 00

One rep couch 30 (fi

Washing towels ,. , 340 43

$1,852 7^

Summary $4,932 69

REPORT OF 1877.

THE OFFICIAL CARRIAGE.

Salary of driver of Department carriage < , , , , $840 00

Livery (2) horses 688 33

Medicine , 1 75

Hire of Horse 18 00

Purchase of new horse 300 00

Horeeshot'ing 85 13

New carriage 600 00

New hamesa 103 00

Repair of carriage 186 30

: $2,822 51

Street-car tickets 52 10

Partisan Newspaper subscriptions paid for by the taxpayers 95 75

Literature:—

Life of Prince Coneort $2 00

Life of Marie Antoniette 2 50

Life of Seward 5 20

North American Review 5 00

British Quarterly 7 50

522 20

MISCELLANEOUS.

Washing towels $144 00

Milk 25

Carpets, Ac 83 25

Trip TO Long Branch 43 00

Portrait oj Attorney-General Pierrepont 1,305 00

Frame 35 00

Cloraluk , 50

1,611 00

Summary $4,603 56

478

FBAUDS IN THE DEPARTMENT OF JUSTICE.

REPORT OF 1878.

THE OFFICIAL. CABRIAGE.

Salary of driver of Department carriage $940 00

Livery (.3) horses 714 15

Horseshoeing 98 85

Carriage repairs 22180

Harness and repairs 84 75

Horse purchased 335 00

$2,394 55

Street-car tickets 81 22

PaKTISAN NEWSPAPEII SUBSCBIPTIONS paid fob Br THE TAXPAYBBS $102 00

MISCELLANEOUS.

Lounge 25 00

Tapestry , 228 56

Summer trip Attorney-General to Colorado 184 65

Summer trip Attorney-General to liOng Branch 39 75

Portrait Ex-Attorney-General Taft 750 00

Washing towels 182 40

1,408 36

Sunamar- $3,986 13

REPORT OF 1879.

THE OFFICIAL CABBIAGE.

Salary of driver of Department carriage $840 00

Livery (2) horses 556 84

Medical attendance on same 6 00

Horse hire t 51 50

Purchase of two horses 525 00

Horseshoeing 79 50

New carriage 550 00

Repairs on carriage 286 41

Harness and repairs 185 15

Two whips 2 00

3,072 40

Street car tickets 150 50

PABTISAN NEWSPAPEB SUBSCBIPTIONS PAID FOB BY THE TAXPAYEBS 98 35

LiTEBATUBE 158 25

MISCELLANEOUS.

Sweeping office. . . . • . 1 1 • • i .1 240 00

Trips to Long Branch and New York 1,103 77

Trips to Huntsville 92 75

Towels 14 50

Washing towels 203 86

Sweetoil 100

phlorine 1 00

Upholstering two sofas 25 00

Feather dusters 7 00

Electric bell 73 50

500 VISITING CARDS 7 50

One ream Cbe am Note 4 50

One SMYRNA RUG 18 00

One mat 10 50

One corkscrew 25

Two settees and chairs , Ill 00

Bookcases ,, 369 00

2,288 13

Summary $5,768 63

KECAPITULATION.

XBAR.

WHEN BEPOBTED.

ATTOBNEY-GENEBAL.

AMOUNT.

1874
1«75
1876

1877
1878

Reported 1875
1876
1877
1878
1879

Williams.

Pierrepont.

Taft.

Devens.

Devens.

$3,417 43
4,932 69
4,603 56
3,986 13
5,762 63

Total for five years' luxuries for the Attorney-General's office, $33,703.44.

FAVORITISM IN ENFORCEMENT OF JUDGMENTS. 479

LANDAULET WILLIAMS OUTDONE.

It will be observed that Landaulet Williams, who has been so bitterly abused on
account -of official extravagance in the matter of the purchase of a '^department
carriage," has been outdone by his successors. Pierrepont, for the same manner of
luxuries expended more than did Williams out of the department contingent fund.
Taft exceeded Pierrepont's expenditures in the same line, and the aristocratic
Devenshas run the expenditures for the same items up to $5,763.63, as against
$3,417.43 expended in his last year by Williams.

This is but one of the many instances which show that Hayes' administration is
tainted with the same luxurious extravagance that made Grant's a reproach to the
country.

FAYORITISM IN ENFORCEMENT OF JUDGMENTS.

PAT TIMES FOR SPECIAL ASSISTANTS.

From the report of the Attorneys-General from June 30, 1874, to June 30, 1879,
it appears that the total amount of judgments obtained in the Federal courts in

civil and criminal causes was _ $16,516,580 33

and the total amount realized from collections - 5, 599, 495 22

Balance uncollected $10,917,385 11

It also appears from the same reports from June 30, 1874, to June 30, 1879,
that the amount paid by the government on account of causes farmed out to special
assistant attorneys was $142,249.37.

Thus it will be seen that under Republican administration even the Federal
judiciary has become debauched, and judgments obtained for money due the
United States from its defaulting agents have been permitted to lapse through
political favoritism. It has been by such crooked practices in the courts of justice
held by political judges, whose judgments have been placed in the hands of poli-
ical strikers for execution, that during the few years referred to nearly eleven
million dollars have been suffered to go uncollected, in order that political favor-
ites, unworthy Federal officials in a large number of cases, might go scot free.

OFFICIAL INCOMPETENCY.

In the same connection it will be seen that the huge army of attorneys-general,
assistant attorneys-general, regular assistant attorneys-general, and special assist-
ants strewn thickly around our Federal courts all over the country, have, during
four or five years past, been so terribly overworked, taking pleasure excursions,
driving fast teams, reading literary works, paying and Interchanging visits per
card, testing electric bells, sampling $5 chamois skins, drinking milk, etc., etc.,
etc. , all at the expense of the taxpayers of the United States, that they have been
obliged to 'call to their assistance an army of special assistant attorneys-general to
enable them to get along with the public business.

480 EXPENSES OF UNITED STATES COUKTS.

EXPENSES OF MITED STATES COURTS.

ALARMING INCREASE IN THE PAST TWENTY-FIVE YEARS.

Below will be found a table making comparisons of the cost of the Federal
Courts before and since 18G0. From this it appears that the average cost
of the Federal Judiciary in 1850 was .021 per capita, a little more than two
cents ; in 1860 was ,03 per capita, a little more than three cents ; in 1870 was
.0572^«r capita, nearly six cents. Whilst the increase in the decade from 18C0 to
1870 has been at the rate exceeding 131 per cent., the increase for the decade from
1865 to 1875, has been at the rate of -104 per cent., and is constantly augmenting.
Much of this extravagance is due to payments for partisan election work by par-
tisan supervisors of election and deputy marshals. As a country increases its popu-
lation to the square mile, these expenses should decrease as compared with the
denser population. The reverse is the case under Radical rule. "Whilst the char-
acter of the judiciary has deteriorated, its expenses have augmented :
FOR THE YEARS 1850, 1860, 1865, 1870 and 1875.

1850 - - $497,558 54

1860 - -- 936,477 61

1865. - 1,192,273 84

1870 2,162,109 82

1875 ---- 3,332,182 27

2year8, 1850 and 1860 1,434.036 15

2 years, 1870 and 1875 5,494,292 09

1865 - 1,192,272 84

1875 , .., 3,332,182 27

481

SHERMAN'S PET BANK.

HOW IT HELPED HIM REFUND THE DEBT — A MONOPOLY OF THE FOUB PER CENT.
BONDS — $115,000,000 MADE OFF THE GOVERNMENT — $5,000,000 BORROWED
FROM THE BANK AND NEVER PAID BACK.

Secretary Sherman, at the conclusion of his funding operations in the fall of
1879, sent out a letter of congratulation to the people claiming that he had saved to
the government millions of dollars of interest. "The great Secretary " failed, how-
ever, to state in his pronunciamento that at the very time of this wasted saving he
gave away hundreds of thousands of dollars to pet banks, which could also have
been saved to the people. The return to prosperity in 1879 made the government
bonds a very desirable security. Sherman and Hayes, in their report to Congress,
were claiming much credit for resumption and the refunding operations, which
in reality they had little to do with.

The refunding of the ten f arty bonds into four per eent is a disgraceful history.

There were $740,000,000 of the four per cent, bonds sold at par, and a half of
one per cent, commission, netting the government 99| cents. The market value
of the four per cents can be put at $1.07, which would make the $740,000,000 of
lour per cents worth $851,800,000. But at 99^ they netted the government only
$736,300,000, or a profit to the speculators of $115,500,000. The principal pur-
chaser was the First National Bank of New York, the heir and successor of the
notorious Jay Cooke, McCulloch & Co. This bank, with a capital of only half a
million dollars, on the 14th of June, 1879, owed the government $138,109,071 for
bonds.

In a circular issued October 7th, 1879, the bank boasted that it had sold over
$400,000,000 of the $737,157,050 of four per cenis issued up to that time.

It was an institution of obscure and uncertain credit at the time its present
owners came into control, which, singularly enough, was of the same date as the
incoming of the present administration. In so short a time it has acquired a re-
lation with the government that the Bank of England and the Rothschilds could
never accomplish with any government.

The four per cent, bonds were selling rapidly and on better terms for the govern-
ment. Private and state trusts were being converted into these bonds. They were
becoming inevitably a popular security, when Mr. Sherman suddenly annoimces
that he has received subscriptions for all that he can sell; that is, that over
$150,000,000 have been subscribed for, which will enable him to take up
all the ten-forty (higher rate of interest bonds) that will fall due for
two years. This, he said, was a saving of interest for two j'-ears. But it took time
to learn what the Secretary failed to state : that he had given his pet bank the mo-
nopoly of these bonds. In two days they were at a premium of two per cent. Of
the ten-forty called bonds the national banks had nearly $100,000,000 on deposit
with the government for their security. With the call their interest stopped. Of
course, the banks would desire to replace them with an interest bearing bond.
The only bond to be purchased was the four per cent, bond, which the pet bank
now controlled. Inside of a week this bond was raised to a premium of 106. If
Mr. Baker, the cashier, refused to sell a bond at 102^, inside of an hour the gov-

31

482 SHERMAN'S PET BANK.

ernment four per cents were quoted at 103|, and so the premium was forced up.
The national banks, mostly in the West, which had the ten-forties, were compelled
to buy the four per cents of the First National Bank of New York. Some of the
national banks held off and did not readily come to terms, saying they would
rather lose the interest than be fleeced by Mr. Sherman's bank. The latter insti-
tution, by reason of this, soon found itself in a predicament. By arbitrary action
it kept up the price of four per cents.

On the first of August, 1879, one of its subscriptions for forty millions fell due.
Mr. Sherman was in the Maine campaign at the time. Mr. Gilfillen, Treasurer
of the United States, needing some money to pay interest, made a draft upon the
bank for six million dollars. The bank was not selling many bonds, and could
not pay the draft. It had overreached itself. It had put the bonds at too high a
premiuQi. The bank telegraphed Mr. Sherman in Maine and Mr. Sherman tele-
graphed Mr. Gilfillen not to press his draft. Then Mr. Sherman hurriedly left
Maine for Washington and issued an order extending the time for payment by the
hank two inonths. Mr. Sherman then went to Ohio to make speeches and tell the
people how we'll he had refunded the debt. With his first speech, however, came
the publication of his transactions with the pet bank. He made a poor effort at
explanation before the Cincinnati Chamber of Commerce, saying the bank did
not take actual possession of the bonds until paid for, but he did not say that the
bank had the coupons and up to that time had drawn eight hundred thousand dol-
lars' interest.

The exposure run Mr. Sherman out of Ohio, where he had engaged himself for
ten speeches. On his return to Washington he issued an order that no news was
to be given to the press, except on his order, by any employee of the Treasury
Department. The exposure wliich drove him out of Ohio had leaked from the
treasury. This pet bank and its associates were then levied upon for money to
help elect Foster over Ewing as Governor of Ohio.

The First National Bank finally paid for its bonds after having them five month
on credit, and during which time it regularly drew the interest.

A LOAN ON GOOD TERMS SECIJRED.

This bank, as before stated, is the heir of and pretty much owned by the for-
mer Jay Cooke concern, of which John Sherman was a stockholder.

In 1877, when Mr. Hayes was anxious to get Packard, who had received more
votes than he had in Louisiana, out of the gubernatorial fight, he sent a com-
mission to accomplish his end. Below is the correspondence which shows how
this same bank advanced the money. Mr. Sherman has since had the audacity
to ask Congress to appropriate it, but as yet the bank must be contented with its
pay in the way of profits on the bonds. Charles F. Conant was Assistant Secre-
tary of the Treasury, and went through that open passage way between the
Treasury Department and the syndicate to become the London mutual friend of
the treasury and the syndicate. He is now Mr. Sherman's confidential agent

abroad.

(Private and confidential.) )

Treasury Department, March 23, 1877. f
George T. Baker, Cashier First National Bank, N. Y.

My Dear Mr. Baker : The President has decided to send a commission, com*-
posed of men of prominence and respectability, to some of the Southern states
for the purpose of healing, if possible, the present political difficulties which
exist in them. It is also hoped that this course will secure to the administration
and the government the moral support and aid of the persons residing in South-
em localities. The only practical difficulty in the way of carrying out this grand

PET BANK. 483:

project arises from the want of an appropriation. Your bank can remove that
•difficulty, and it is for the purpose of securing your aid in this matter that I ad-
dress this letter to you, believing that you will cheerfully co-operate in a work
which has for its aim and object the peaceful solution of grave and perplexing-
difficulties. The amount which will be required will probably fall between
$3,000 and $5,000. What I have to suggest is this : that your bank advance the
jaoney to some person who will be appointed the disbursing agent and receive
from him the vouchers, which he will take when he makes the disbursement.
When Congress convenes again a deficiciency appropriation will be asked for by
the Executive for the purpose indicated above, and what you shall advance will
be promptly returned to you. I do not think there can be any hazard or risk in
this matter, or I would not suggest it. I have thought also that you would be
pleased to have the opportunity to render the aid which is so much needed for
a good purpose at this time. I shall be glad to receive an early reply to this
letter. With much respect, I am truly yours,

(Signed.) CHARLES F. CONANT.

The Treasury Department but Congress has not performed.

Baker's answer was as follows :

First National Bank, N. Y., March 24, 1877.

My Dear Conant: I am in receipt of your letter of yesterday in regard to making
an advance of money for the expenses of the commission to be appointed by the
President to visit the Southern states, and beg to say that the bank will take
pleasure in extending the accommodation in the manner requested.

(Signed) Yours, truly, GEO. F. BAKER.

James D. Powers, a treasury clerk, and a stenographer, both paid by the
treasury, were detailed to go with the commission.

Conant then writes :

Treasury Department,
Washington, D. C, March 29, 1877.

My Dear Mr. Baker: Enclosed I send you a copy of a letter addressed to the
gentlemen composing the commission about to visit the South, from which you will
see that Mr. Jas. D. Powers, of this department is to act as disbursing agent.

The committee M'ill probably leave here Monday next, and I will thank you to
transmit to Mr. Power, in my care, a draft in his favor for $5,000.

Truly yours,

(Signed) CHAS. F. CONANT.

The enclosure is as follows:

Treasury Department, March 28th, 1877.
Addressed to Lawrence, Harlan, Brown, Hawley and McVeigh.

Oentlemen: This will be presented to you by Mr. Jas. D. Powers, a clerk of this
department, who has been detailed to accompany you on your proposed trip South,
in the capacity of disbursing agent. He will also provide for your transportation
and subsistence, and will make such other arrangements as may be necessary for
your comfort and convenience. Mr. Power has the confidence of the department
and is a trustworthy gentleman. Very respectfully,

(Signed) JOHN SHERMAN, Sec'y.

The five members of this commission in three weeks spent all of the $5,000 to a
cent. John M. Harlan, according to the evidence before the Potter Committee, told
General Boynton that he expected to get a place on the United States Supreme
bench for his work on this commission, and so he did. He carried his son along^
with him, whose expenses were also paid out of the common fund.

484 CARL SCHURZ AND THE INDIAN BUREAU.

CARL SCHURZ AND THE INDIAI
BUREAU.

ENORMOUS AND WASTEFUL EXPENDITURES.

HAYT S VILLIANY.

Senator Dawes, RepubUcan, of Massachusetts, in a letter dated July 21st, 1880,
to the Springfield, Mass., Republican, regarding the removal of the Ponca Indians,
said :

" Some one is making up an Indian record for this administration, which it will
be hard to defend by the side of the blackest that has gone before. "

Mr. Schurz, about the same week, in a speech at Indianapolis said in glorifica-
tion of the present administration and its reforms, that he spoke from personal
knowledge when he asserted that the Indian bureau had been greatly reformed.
The only act that he could point to in support of this statement was the removal
of Commissioner Hayt. The record of the Board of Indian Commissioners shows
that Mr. Schurz had to be prodded into doing this long-delayed act.

As was shown by the evidence taken before the Board of Indian Commissioners,
Mr. Schurz had been repeatedly informed of the true character of his Commis-
sioner of Indian affairs. While serving in such position he was arrested for de-
stroying a savings bank, of which he was one of the directors. At the precise
time of his arrest Mr. Schurz was insisting upon the suspension of a federal official
in St. Louis, who was under indictment, on the ground that no federal official
should be in actual service while under indictment for a crime. Yet he did
not suspend Mr. Hayt, and did not remove that official until after it was conclu-
sively proven that he had been using the Indian Bureau to steal a mine in the Far
West. What Senator Dawes no doubt refers to in particular are the constant vio-
lations of faith with the Indians. The treatment of the Nez Perces, the Poncas,
Bannocks and Northern Cheyennes,* are but illustrative of the rule which guides
Mr. Schurz in his dealings with the Indians. The Nez Perces, living a civilized
life in Idaho, were the victims of the white man's encroachment. This they re-
sisted and war followed.

Over one million dollars were expended by the government in that war. At
last Joseph, after carrying on a warfare, which General Miles testifies was free from
all brutality, surrendered. The terms of his surrender were that he and his people
should be allowed to return to their reservation in Idaho, where his tribe had always
lived. The contractors of the Indian Bureau objected. There was more money
to be made by having the Indians sent to the Indian territory. The malarial cli-

CARL SCHUKZ AND THE INDIAN BUREAU. 485

mate had its natural effect upon people who had come from the invigorating and
cool air of Idaho. The death rate was thirty per cent, a year. In vain they have
appealed for justice, but are still kept prisoners in a country to them absolutely
pestilential. The Sioux were promised a reservation near the Missouri River.
They were deceived and sent into the back country. By this maneuver contractors
could get more compensation for hauling the stores and provisions.

Senator Dawes from the select committee of the Senate to inquire into the re-
moval of the Poncas reports as follows :

"In concluding that branch of the subject matter with which the committee is
charged, that requires of them to inquire into the circumstances of the removal of
the Poncas, the committee find that they were one of the most peaceable of all the
Indian tribes, that they were dwelling upon a reservation which they had occu-
pied ever since they were known as a tribe, under words of absolute grant from
the United States, accompanied by a covenant of peaceable enjoyment during
their good behavior ; that without their knowledge and without compensation and
without a shadow of complaint against them as a tribe, the United States included
their reservation by mistake of boundaries within the limits of the reservation set
apart from the Sioux; that the United States has never undertaken to compensate
them in any way for this attempting to deprive them of their home ; that to relieve
themselves of the difficulties in which this mistake had involved the United States,
they undertook to remove the Poncas from their home and provide for them else-
where and Congress authorized their removal to the Indian Territory if they should
give their free consent to such removal ; that the goverment failing to obtain such
free consent, removed them by force and placed them where they now are against
their will, leaving their houses and all other property which they were unable to
take with them and lodging them in a hot, and to them an inhospitable climate ;
that they have suffered greatly from the time of their removal to the present time,
and have been thereby greatly diminished in numbers ; that they arc at the present
moment discontented, discouraged, and disheartened, and are making no progress
toward self-support ; that this proceeding on the part of the United States was
without justification, and was a great wrong to this peaceable tribe of Indians,
and demands at the hands of the United States speedy and full redress. "

In vain the Poncas have asked for justice at Mr. Schurz's hands, as do all these
tribes. When Mr. Schurz does as he did with the Poncas, he orders one of his
agents to take to Washington some of the head chiefs. Arriving in Washington
they are given carte blanche. Thousands of dollars are spent upon them during
their sojourn at the Capital. All this is for the purpose of making them forget
the wrong that has been done them.

COST OP THE SYSTEM.

Mr. Schurz's management has not decreased the cost of the Indian service. The
annual average is over five million dollars. The annual average under Democratic
rule up to 1861 was three million dollars. A comparison of the cost of the care
of the Indians in this country with those in Canada, gives an illustration of the
theiving, and of the extent to which it is carried on. There are 94,324 Indians
scattered over the Canadian domain. The annual cost per head is $2. Many of
them have become prosperous farmers. Above all they are peaceable. By the
honest operation of the Canadian system a large reserve fund has been created, the
interest on which will before long maintain and make the Indians independent.
The census as taken by the Indian Bureau shows 275,000 Indians in this country.
It is an undisputed fact that the Indian agents exaggerate the nimiber of Indians,

486 CARL SCHURZ AND THE INDIAN BUREAU.

SO that they may get larger allowances for their care. But at their figures the cost
is $24 per head, and in Canada it is done vastly better at $2 a head.

No definite knowledge can be obtained of the detail of expenditure of the mil-
lions Congress is called upon annually to appropriate for the care of these
"Wards of the Nation."

Such items as the following are found in the reports:

Civilization and subsistence of Indians on the Malheur reservation $48,057 64

Collecting and subsisting Apaches 4,182 00

Expense of Indian delegation visiting Washington - 13, 544 00

The names of the agents are given, but how this money is expended is left for
them to show in whatever manner they please. They can make out their vouchers
for thousands of dollars, almost as sure of payment as if they called for as many
cents.

ANOTHER EX-CABINET OFFICER BROUGHT TO GRIEF. 487

ANOTHER EX-CABmET OFFICER
BROUGHT TO GRIEF.

HISTORY OF A TRANSACTION MORE DISGRACEFUL THAN THE CREDIT MOBILIER
AND DE GOLYER FRAUDS, AS TOLD BY THE SUPREME COURT OF THE
UNITED STATES.

THE KIND OF MAN MR. GARFIELD SELECTED FOR CHAIRMAN OF THE REPUBLICAN

NATIONAL COMMITTEE.

For several weeks after the nomination of Mr. Garfield the chairmanship of
the Republican National Committee went begging. Don Cameron was made
sick, "nigh unto death," by the victory of Garfield and the crushing defeat of
Grant at Chicago. To heal the wounds inflicted by the mad factions in that
convention Mr. Garfield and his friends implored Cameron to remain at the head
of the National Committee; but Mr. Cameron was in a bad humor and positively
declined. They next offered the vacant post to William E. Chandler, with the
hope of reconciling the friends of Blaine, but the "Plumed Knight" ordered
his wily henchman to reject it. The doubtful honor went begging another week.
At length the friends of Mr. Garfield betook themselves to Utica, and began
coquetting with Senator Conkling. They offered the chairmanship to the Hon.
Thomas C. Piatt, Mr. Conkling's friend, with protestations of unfailing loyalty
to the "head and summit of the human race," and dutiful affection for the
New York Senator. Mr. Conkling was also sick. Sprague's shotgun at Canon-
chet, and Grant's Waterloo at Chicago, had soured his temper. Mr. Piatt was
not permitted to accept the chairmanship. Several other Republican statesmen
were implored to accept it, but each in turn declined.

At length, in great despair, Mr. Garfield turned to his old friend, Marshall
Jewell, of Connecticut. "A fellow-feeling makes men wondrous kind." Mr.
Jewell had been Postmaster- General under Grant, who unceremoniously kicked
him out of that office. Garfield had been caught in two schemes of fraud with
scarcely a parallel in history. Jewell had been caught in a transaction even
more disgraceful, but not so well known to the public. The chairmanship was
offered to Mr. Jewell and promptly accepted.

The public may learn who this Chairman of the Republican National Commit-
tee is by reading the following opinion of the Supreme Court of the United
States, as reported in the 4th volume of Otto's Reports, p. 506.

AlLore )

vs. ^ In the Supreme Court of the United States, October Term, 1876.
Jewell. )

Appeal from the Circuit Court of the United States for the Eastern District of
Michigan.

488 ANOTHER EX- CABINET OFFICER BROUGHT TO GRIEF.

The facts are stated in the opinion of the court.

Mr. Alfred Kussell for the appellant.

Mr. A. B. Maynard, contra.

Mr. Justice Field delivered the opinion of the court.

This is a suit brought by the heir-at-law of Marie Genevieve Thibault, late of
Detroit, Mich., to cancel a conveyance of land alleged to have been obtained
from her a few weeks before her death, when, from her condition, she was in-
capable of understanding the nature and effect of the transaction.

The deceased died at Detroit, on the 4th of February, 1864, intestate, leaving
the complainant her sole surviving heir-at-law. For many years previous to her
death, and until the execution of the conveyance to the defendant, she was seised
in fee of the land in controversy situated in that city, which she occupied as a
homestead.

In November, 1863, the defendant obtained from her a conveyance of this
property.

A copy of the conveyance is set forth in the bill. It contains covenants of
seisin and warranty by the grantor, and immediately following them an agree-
ment by the defendant to pay her $250 upon the delivery of the instrument ; an
annuity of $500, all her physician's bills during her life, the taxes on the property
for that year, and all subsequent taxes during her life; also, that she should have
the use and occupation of the house until the spring of 1864, or that he would
pay the rent of such other house as she might occupy until then. The property
was then worth, according to the testimony in the case, between $6,000 and $8,000.
The deceased was at that time between sixty and seventy years of age, and was
confined to her house by sickness from which she never recovered. She lived alone
in a state of great degradation, and was "v^ithout regular attendance in her sick-
ness. There were no persons present with her at the execution of the convey-
ance except the defendant, his agent and his attorney. The $250 stipulated were
paid, but no other payment was ever made to her; she died a few weeks after-
wards.

As grounds for canceling this conveyance, the complainant alleges that the
deceased, during the last few years of her life, was afflicted with lunacy or chronic
insanity, and was so infirm as to be incapable of transacting any business of im-
portance ; that her last sickness aggravated her insanity, greatly weakened her
mental faculties, and still more disqualified her for business ; that the defendant
and his agent knew of her infirmity, and that there was no reasonable prospect of
her recovery from her sickness, or of her long surviving, when the conveyance
-was taken ; that she did not understand the nature of the instrument, and that it
was obtained for an insignificant consideration, and in a clandestine manner
"without her having any independent advice.

These allegations the defendant controverts, and avers that the conveyance was
taken upon a proposition of the deceased ; that at the date of its execution she was
in the full possession of her mental faculties, appreciated the value of the property,
and was capable of contracting with reference to it, and of selling or otherwise
dealing with it ; that since her death he has occupied the premises, and made
permanent improvements to the value of $7,000 ; and that the complainant never
gave him notice of any claim to the property until the commencement of this
suit.

The court below dismissed the Dili, whereupon the complainant appealed here.
The question presented for determination is, whether the deceased, at the time

ANOTHER EX-CABINET OFFICER BROUGHT TO GRIEF. 489

she executed the conveyance in question, possessed sufficient intelligence to under-
stand fully the nature and eifect of the transaction ; and, ii so, whether the con-
veyance was executed under such circumstances as that it ought to be upheld, or
as would justify the interference of equity for its cancellation.

Numerous witnesses were examined in the case, and a large amount of testi-
mony was taken. This testimony has been carefully analyzed by the defendant's
counsel ; and it must be admitted that the facts detailed by any one witness with
reference to the condition of the deceased previous to her last illness, considered
separately and apart from the statements of the others, do not show incapacity to
transact business on her part, nor establish insanity, either continued or temporary.
And yet when all the facts stated by the different witnesses are taken together,
one is led irresistibly by their combined effect to the conclusion, that, if the
deceased was not afflicted with insanity for some years before her death, her mind
wandered so near the line which divides sanity from insanity as to render any
important business transaction with her of doubtful propriety, and to justify a
careful scrutiny into its fairness.

Thus, some of the witnesses speak of the deceased as having low and filthy
habits, of her being so imperfectly clad as at times to expose immodestly portions
of her person ; of her eating with her fingers, and having vermin on her body.
Some of them testify to her believing in dreams, and her imagining she could see
ghosts and spirits around her room, and her claiming to talk with them ; to her
being incoherent in her conversation, passing suddenly and without cause from
one subject to another ; to her using vulgar and profane language ; to her making
immodest gestures ; to her talking strangely, and making singular motions and
gestures in her neighbors' houses and in the streets. Other witnesses testify to
further peculiarities of life, manner, and conduct ; but none of the peculiarities
mentioned, considered singly, show a want of capacity to transact business.
Instances will readily occur to every one where some of them have been exhibited
by persons possesing good judgment in the management and disposition of
property. But when all the peculiarities mentioned, of life, conduct, and language,
are found in the same person, they create a strong impression that his mind is not
entirely sound ; and all transactions relating to his property will be narrowly
scanned by a court of equity, whenever brought under its cognizance.

The condition of the deceased was not improved during her last sickness.

The testimony of her attending physician leads to the conclusion that her mental
infirmities were aggravated by it. He states that he had studied her disease, and
for many years had considered her partially insane, and that in his opinion she
was not competent in November, 1863, during her last sickness, to understand a
document like the instrument executed. The physician also testifies that during
this month he informed one Dolsen, who had inquired of the condition and health
of the deceased, and had stated that efforts had been made to purchase her prop-
erty, that in his opinion she could not survive her sickness, and that she was not
in a condition to make any sale of the property "in a right way."

This Dolsen had at one time owned and managed a tannery adjoining the home
of the deceased, which he sold to the defendant. After the sale, he carried on.
the business as the defendant's agent. Through him the transaction for the pur-
chase of the property was conducted. The deceased understood English imper-
fectly, and Dolsen undertook to explain to her, in French, the contents of the
paper she executed. Some attempt is made to show that he acted as her agent ;
but this is evidently an afterthought. He was in the employment of the defendant,
had charge of his business, and had often talked with him about securing the

490 ANOTHER EX-CABINET OFFICER BROUGHT TO GRIEF.

property ; and in his interest he acted throughout. If the deceased was not in a
condition to dispose of the property, she was not in a condition to appoint an
agent for that purpose.

The defendant himself states that he had seen the deceased for years, and knew
that she was eccentric, queer, and penurious. It is hardly credible that during
those years, carrying on business within a few yards of her house, he had not
heard that her mind was unsettled ; or, at least, had not inferred that such was
the fact, from what he saw of her conduct. Be that as it may, Dolsen's knowledge
was his knowledge ; and when he covenanted to pay the annuity, some inquiry
must have been had as to the probable duration of the payments. Such covenants
are not often made without inquiries of that nature ; and to Dolsen he must have
looked for information, for he states that he conversed with no one else about the
purchase. With him and with his attorney he went to the house of the deceased,
and there witnessed the miserable condition in which she lived, and he states that
he wondered how anybody could live in such a place, and that he told Dolsen to
get her a bed and some clothing. Dolsen had previously informed him that she
would not sell the property ; yet he took a conveyance from her at a consideration
which, under the circumstances, with a certainty almost of her speedy decease,,
was an insignificant one compared with the value of the property.

In view of the circumstances stated, we are not satisfied that the deceased was,,
at the time she executed the conveyance, capable of comprehending fully the
nature and effect of the transaction. She was in a state of physical prostration ;
and from that causp and her previous infirmities, aggravated b^ her sickness, her
intellect was greatly enfeebled ; and if not disqualified, she was unfitted to attend
to business of such importance as the disposition of her entire property, and the
securing of an annuity for life. Certain it is, that in negotiating for the disposi-
tion of the property, she stood, in her sickness and infirmities, on no terms of
equality with the defendant, who with his attorney and agent, met her alone in
her hovel to obtain the conveyance.

It is not necessary, in order to secure the aid of equity, to prove that the de-
ceased was at the time insane, or in such a state of mental imbecility as to render
her entirely incapable of executing a valid deed. It is sulficient to show that,
from her sickness and infirmities, she was at the time in a condition of great
mental weakness, and that there was gross inadequacy of consideration for the
conveyance. From these circumstances, imposition or undue influence will be
inferred. In the case of Harding vs. WJieaton, reported in the 2d of Mason, a con-
veyance executed by one to his son-in-law, for a nominal consideration, and
upon a verbal arrangement that it should be considered as a trust for the mainte-
nance of the grantor, and after his death for the benefit of his heirs, was, after his
death set aside, except as security for actual advances and charges, upon applica-
tion of his heirs, on the ground that it was obtained from him when his mind was
enfeebled by age and other causes. "Extreme weakness," said Mr. Justice
Story, in deciding the case, " will raise an almost necessary presumption of im-
position, even when it stops short of legal incapacity ; and though a contract, in
the ordinary course of things, reasonably made with such a person might be ad-
mitted to stand, yet if it should appear to be of such a nature as that such a per-
son could not be capable of measuring its extent or importance, its reasonablenes^^
or its value, fully and fairly, it cannot be that the law is so much at variance with
common sense as to uphold it, " The case subsequently came before this court ;
and, in deciding it, Mr. Chief Justice Marshall, speaking of this, and, it would
seem, of other deeds executed by the deceased, said : " If these deeds were ob-

ANOTHER EX-CABINET OFFICER BROUGHT TO GRIEF. 491

tained by the exercise of undue influence over a man whose mind had ceased to
be the safe guide of his actions, it is against conscience for him who has obtained
them to derive any advantage from them. It is the peculiar province of a court
of conscience to set them aside. That a court of equity will interpose in such a
case is among its best-settled principles " {Harding v. Haiidy, 11 Wheat., 125).

The same doctrine is announced in adjudged cases, almost without number;
and it may be stated as settled law, that whenever there is great weakness of
mind in a person executing a conveyance of land, arising from age, sickness, or
any other cause, though not amounting to absolute disqualification, and the con
sideration given for the property is grossly inadequate, a court of equity will
upon proper and seasonable application of the injured party, or his representa-
tives or heirs, interfere and set the conveyance aside. And the present case comes,
directly within this principle.

In- the recent case of Kempson v. Ashbee, 10 Ch. Cas., 15, decided in the Court
of Appeal in Chancery in England, two bonds executed by a young woman, liv-
ing at the time with her mother and stepfather, one, at the age of twenty-one, as.
surety for her stepfather's debt, and the other, at the age of twenty-nine, to
secure the amount of a judgment recovered on the first bond, were set aside as
against her, on the ground that she had acted in the transaction without independ-
ent advice ; one of the justices observing that the Court had endeavored to pre-
vent persons subject to influence from being induced to enter into transactions,
without advice of that kind. The principle upon which the court acts in such
cases, of protecting the weak and dependent, may always be invoked on behalf
of persons in the situation of the deceased spinster in this case of doubtful sanity^
living entirely by herself, without friends to take care of her, and confined to her
house by sickness. As well on this ground as on the ground of weakness of
mind and gross inadequacy of consideration, we think the case a proper one for
the interference of equity, and that a cancellation of the deed should be decreed.

The objection of the lapse of time — six years — before bringing the suit cannot
avail the defendant. If during this time, from the death of witnesses or other
causes, a full presentation of the facts of the case had become impossible, there
might be force in the objection. But as there had been no change in this respect
to the injury of the defendant, it does not lie in his mouth, after having, in the
manner stated, obtained the property of the deceased, to complain that her heir
did not sooner bring suit against him to compel its surrender. There is no statu-
tory bar in the case. The improvements made have not cost more than the
amount which a reasonable rent of the property would have produced, and the
complainant, as we understand, does not object to allow the defendant credit for
them. And as to the small amount paid on the execution of the conveyance, it
is suflBcent to observe that the complainant received from the administrator of the
deceased's estate only $113.42 ; and there is no evidence that he ever knew that
this sum constituted any portion of the money obtained from the defendant. A
decree must, therefore, be entered for a cancellation of the deed of the deceased
and a surrender of the property to the complainant, but without any accounting
for back rents, the improvements being taken as an equivalent for them.

Decree remrsed and cavM remanded, with directions to enter a decree as thus stated^

492 PRESIDENTIAL LUXURIES.

PRESIDENTIAL LUXURIES.

HOW THE PEOPLE ARE TAXED TO PAY FOR DOGS, COUPfiS, CARRIAGES, CRO-
QUET SETS, CHINA DINNER SERVICE, ETC., FOR THE WHITE HOUSE. ,

R. B. HAYES IN A NEW ROLE.

The simple habits and straightforward honesty of Democratic Presidents
made the White House the pride of every citizen. From the humblest to the
highest, all were welcomed there with a cordial and unaffected hospitality. The
inmates of the Executive Mansion, in the good old Democratic days, treated all
Tisitors alike, whether they were the laboring poor, clad in homespun, or for-
tune's favorites done up in broadcloth, or in satin and silk. In those days the
President of the United States was proud to acknowledge himself the servant of
the people, and not their master.

But all this has changed. Under Republican rule official snobbery at the
White House has made that home of the Presidents offensive to plain and honest
people. Democratic simplicity has been superseded by a code of mannerism
about as little understood by the multitude as were the mysteries of the Holy
Yehm by Continental rustics in the middle ages. But while the general public
know but little about the aristocratic social system of the White House, by rea-
son of the exclusiveness of its inmates, even less is known about its financial
management.

With the introduction of this imperial code of manners, came that mania for
luxury and extravagance which has brought such scandal upon the Executive
Mansion of late years. With the advent of Grant came the gift-maker. Thou-
sands of costly presents were showered upon him. Hambletonian colts, bull
pups, gold-tipped cigars, expensive libraries and the like, were among the gifts
that found their way to the White House. The giver was almost invariably re-
warded with a fat office or a remunerative contract.

None but the elect were permitted to visit the official dog kennels, or the offi-
cial stables, built by Babcock at a cost to the people of $10,000. The display of
blooded animus, poultry, ponies, coupes, splendid carriages, sulkies, drags, and
other costly things, was amazing. And it must not be forgotten that all of this
expensive stud, including the dogs and their keepers, were maintained by the
taxpayers of the country.

A few vouchers, taken at random from the expense accounts of the White
House, will serve to show how the taxpayers were made to foot the bills for these
official luxuries:

PRESIDENTIAL LUXURIES. 493

THE OFFICIAL DOG.

[Form 8.]
Appropriation for improvement and care of public grounds.
The United States (for sundries) to Patrick Sweeny, Dr., 1872. Sept. 30 —
For board and care of dog for July, August and September, three months,
at $10. Application : used in place of watchman. $30 (receipted as above).
Paid by check No. 328; dated September 30, 1872, for $41, on treasurer,
Washington.
I certify that the above account is correct and just, the articles to be (or have
been) accounted for in my return for the third quarter of 1872.

O. E. BABCOCK, Major of Engineers, TJ. 8. A.

THE president's COUPE.

[Form 8.]
Appropriation for improvement and care of public grounds.
The United States (for repairing coupe) To John McDermott& Bros., Dr., 1871.
Oct. 31st — For repairing, trimming and painting government coupe, $173.50.
Received at Washington, this Nov. 3d, 1871, from Major O. E. Babcock, Corps
of Engineers, the sum of one hundred and seventy-three and fifty-one-hundredth
dollars, in full payment of the above account. Check No. 76, dated Nov. 3d,
1871, on treasurer at Washington, for $173.50.

(Signed in duplicate) JOHN McDERMOTT & BROS.

I certify the above account is correct and just.

O. E. BABCOCK, Major of Engineers, U. 8. A.

[Form 8.]
Appropriation for improvement and care of public grounds.
The United States (for repairs) To J. McDermott & Bros., Dr., 1872. May 31—
For repairing coupe, office carriage and buggy, from Aug. 8th, 1871, to
May 31st, 1872, $169.15.
Received, June 6th, 1872, from Major O. E. Babcock, Corps of Engineers, the
sum of one hundred and sixty -nine and fifteen-one-hundredth dollars, in full pay-
ment of the above account. Check No. 255, dated June 5th, 1872, on treasurer
at Washington, for $169.15.

JOHN McDERMOTT & BROS»
I certify that the above account is correct and just.

O. E. BABCOCK, Major of Engineers, U. 8. A.

[Form 8.]
Appix)priation fof improvement and care of public grounds.
The United States (for repairs) To John McDermott & Bros., Dr., 1872* Sept.
25th — For thoroughly repairing, trimming and painting, including new wheels,
axles, lamps and trimming complete. Application: "on coupe." $550.
Received at Washington, D. C, this Oct. I9th, 1872, from Major O. E. Bab-
cock, Corps of Engineers, the sum of five hundred and fifty dollars, in full pay-
ment of the above account. Check No. 408, October 19th, 1872, on treasurer at
Washington, for $550.

(Signed in duplicate) JOHN McDERMOTT & BROS.

I certify that the above account is just and correct.

O. E. BABCOCK, Major of Engineers U. S. A.

494 PRESIDENTIAL LUXURIES.

[Form a]
Appropriation for improvement and care of public grounds.
The United States (for repairs) To John McDermott & Bros., Dr., 1872. July
2d to Nov. 30th — For painting, trimming and necessary repairs on car-
riage and buggj\ Application : office use. $215.50.
Receipted as above, Jan. 29th, 1873. Check No. 476, Jan. 29th, 1873, on
treasurer at Washington, for $215.50.

I certify that the above account is just and correct, the articles to be (or have
been) accounted for in my return for the first quarter of 1873.

O. E. BABCOCK, Major of Engiaeers, U. S. A.

It will appear from these vouchers that the carriage cobbler cost the taxpayers
almost as much as the carriage builder ; and that the elevation of the dog to the
responsible post of watchman brought the canine and human species in direct
competition for positions of honor and trust *'near the throne."

The aesthetic tastes of the Presidential household have greatly changed since
the retirement of Grant. When the Electoral Commission decided to give Hayes
the office to which Mr. Tilden had been elected, the country was assured that the
manners and morals of the White House would be radically improved. Grant
had been profligate in his tastes. He had spent a fortune on his private table,
gave rich entertainments, and the crowd at the White House had con-
sumed vast quantities of strong liquors and fine cigars. When Hayes took
Mr. Tilden's seat an air of godlinesss was assumed by the new incum-
bents. Wines and other abominations were banished from the Executive
Mansion. Pious people rejoiced. Religion and morality had found a
home at the White House, and nothing stronger than Apollinaris water was
allowed there. In a short time there was a lapse from godliness to sin — from
Apollinaris water to vulgar whisky and strong wines. The Russian Grand Dukes,
Alexis and Constantine, were dined in state at the Executive Mansion. The
moral ideas of the fraudulent President vanished before these scions of a royal
house. Liquors flowed in abundance, and there was a high old time at the White
House. The Grand Dukes departed for Russia and the Hayes household again
settled down to their psalm-singing and spring water.

Mr. Hayes soon discovered a taste for innocent sports, for works of art and
refined luxury. The taste of his household ran in the same direction. Having a
salary of only fifty thousand dollars a year, he could not think of gratify-
ing this taste at his own expense. So he decided to make a raid on the Federal
treasury. This was shortly after his inauguration. The healthful and innocent
game of croquet was in fashion. He could have bought a set for $10, but it was
agreed that nothing but box-wood halls would answer for the White House, and
they would cost six dollars more — a drain that his private fortune could never bear.
The following voucher will show how he obtained them at the expense of the tax-
payers. It will be observed that this purchase is brought under the head of
''Repairs and Fuel" for the Executive Mansion, a simple device that no one but
a Christian statesman like Mr. Hayes could invent.

PRESIDENTIAL LUXURIES.

495

THE OFFICIAL CROQUET SET.

[Form a]

Appropriation for Repairs, Fuel, etc., Executive Mansion, 1878. The United

States (for furniture) to J. Bradley Adams, Dr.

Designation.

Application.

Cash, ~ 1

Dollars.

Cents.

1877
April
July

24.
10.

For 1 Set Croquet •
" 8 Boxwood Balls

Refurnishing
. Ex. Mansion

10
6

00
00

$16

00

Received at Washington, D, C, this 13th day of July, 1877, from Lieut. -Col.
T. L. Casey, corps of Engineers, the sum of sixteen Dollars and — cents, in full
payment of the above account.
Check No. 624, dated July 13th, 1877, on Treasury of the United States for $16.
(Signed in duplicate)

J. BRADLEY ADAMS.

I certify that the above account is correct and just, the articles to be (or have
been) accounted for in my return for the 3d quarter of 1877.

THOMAS LINCOLN CASEY, •

Lieut. -Col. of Engineers.

At a later date Mr. Hayes became dissatisfied with his carriage. He wanted a
more costly vehicle — a luxurious Rockaway, capable of holding a large family.
So the disbursing officer of the White House was ordered to buy one and have it
charged to the Government.

The purchase was made at a cost of $800 to the taxpayers of the country as the
following voucher shows :

THE OFFICIAL ROCKAWAY.

Rapt. No. 213,467.

W. K. Crook, Dis. Agent,

Ex. Man. 3d and 4th quarter, 1878.
[Executive OfflceJ

To Andrew J. Joyce, Dr.,
Carriage Manufacturer, Nos. 412, 414, 416 Fourteenth street.

July 15th. To 6 seat-pass. Rockaway $800.00

Rec'd payment,

ANDREW J. JOYCE.
August 25th, 1878.

It has been whispered that, in view of an early retirement to less exciting scenes,
this carriage has already been sent to Ohio to be stored.

IMPERIAL CROCKERY.

In July, 1879, the Hayes family determined to put in practical shape a long cher-
ished scheme to stock the Executive Mansion with crockery suited to the moral
tone and elevated tastes that prevailed there.

The Fraudulent President had frequently cheated the taxpayers by saddling on
the Government the cost of luxuries purchased for his own private enjoyment ;
but, like the proofs that showed his defeat in 1876, he no doubt considered the
evidence of this petty plundering as aliunde. At all events, it was settled that the

496 PRESIDENTIAL LUXURIES.

Hayes family must have a new dinner set, and tliat the (joviernment must pay for
it. Tlie mania for rare China was raging at the White House, and accordingly,
negotiations were opened with the Havilands of Limoges, France, and estimates
and plans and prices were agreed upon for a dinner set to he made of that exquisite
material. There was a stipulation in the contract that the enoraious price named
was exclusive of customs duties. Mr. Hayes must see to it that the goods were
smuggled in by the customs oflBcers in New York, or pay the duty himself. The
dinner set was made and is now at the White House. Every piece in the service
is a work of art. Each one is decorated differently, all representing American
game birds, animals, fish and hunting scenes. The American coat-of-arms is
painted conspicuously on every dish.

When the contract was made Mr. Hayes agreed to employ an American artist
to make the designs. After the designs were completed, the American decorator
was paid $3,000 by the French manufactures. Mr. Hayes refused to reimburse
them, and in consequence, they claim that they make no profit on their work.

The following transcripts of papers, the originals of which are in the secret
archives of the Executive Mansion, show all the details of this remarkable
transaction.

THE OFFICIAL DECORATED CHINA DINNER SERYICE.

Haviland & Co., 45 Barclay Street, >

Limoges. New York, January 19th, 1879. j"

Mr. T. L. Casey, Lieut.-Col. of Engineers, U. S. A. :

Sir: We inclose detailed estimate for dinner set for Executive Mansion, to be
of our very best quality of-iwreelain and decorated by our first artists; in all re-
spects equal in quality to the samples submitted to her excellency, Mrs. Hayes.
We will deliver the set in the Mansion. The figures quoted are, of course, based
on the understanding that we can import the set free of duty.

We have included in the cost of each article the price of the crest, thus the
dinner plates cost $34.85 per dozen, and tlie crests $15.

If you decide to give us the order please do not forget to send, at the same
time, the clippings of ferns and the photograph of toilet set the writer spoke to
you about. Yours respectfully,

HAVILAND & CO.,

By Albert A. Love, Att'y

Haviland & Co., 45 Barclay Street, )

Limoges. New York, January 19th, 1879. \

Estimate for Dinner Set for Executive Mansion.

10 dozen dinner plates, flat, plain, 8f pouce. Decoration : Pearl grey
on border, with line of dead gold ; rich Persian border, by Renard, in
rim of plate in gold and colors, with crest of U. S. and figures 1879
in gold, at $49.85 $498 50

5 dozen soup plates, deep plain, 8f pouce; same decoration, at $49.85. 249 25

5 dozen fish plates, shell shape, 7i pouce; color under glaze, grand fire
and marine plants and shells, by Pallandre, at $39.70 198 50

5 dozen game plates, engraved border, 8 pouce ; decoration similar to
dinner plate, and game birds in center, by Bellit, at $59. 90 299 50

5 dozen dessert plates, coufe (thin),'8 pouce ; color under glaze, grand
fire, and subjects by Bracquemond, with crest, etc., at $75.35 376 75

5 dozen dessert plates, coufe (thin), 714 pouce; color under glaze, grand
fire, with flower and fern centers, by Lyssac, with crest, etc., at
$51.70 258 50

PRESIDENTIAL LUXURIES. 49t

4 fruit baskets, Saxon round ; color under glaze, grand fire, flowers ia

panels, by Chabunrier, with crest, etc. , at $11.35 45 00

2 fruit baskets, Saxon oral; same decoration; assorted colors, at $24.35.. 48 70

4 Jardinieres Meissen 2d; same decoration; assorted colors, at $15.40. . 61 60

2 Jardinieres Meissen 1st; same decoration; assorted colors, at $29.60. 59 20
6 Bon-Bon stands, laced edge; fern decoration in centre, by Lyssac, at.

$10.15 _ 60 90

4 Bon-Bon stands, laced edge, high foot; same decoration, at $10.15 40. 60

30 pairs after-dinner coffees, anchor shape (thin, deep saucers), Persian

borders, by Renard, with crest, etc., at $4.95 148 50

30 pairs teas, Parisian (thin) ; same decoration, at $5.85. . _ 175 50

30 pairs after-dinner coffees, chrystal (thin), rich decoration, by Joch-

um, with crest, etc. ; cups tinted inside; 12 colors, at $7.50 225 OO

30 pairs teas, Parisian 1st, at $8.35 250 50-

In United States currency $2,996 50'

ARTICLES OF AGREEMENT.

Articles of agreement entered into this 20th day of February, 1879, between*
Lieut. -Colonel Thomas Lincoln Casey, Corps of Engineers, United States Army,,
for and in behalf of the United States, of the first part, and David Haviland,
Charles E. Haviland, and Theo. Haviland, partners, doing business under the
firm name of Haviland & Co., of New York, in the county of New York, state of
New York, of the second part.

This agreement witnesseth that the said parties have mutually covenanted and
agreed, to and with each other in the manner following, namely: That the said
Haviland & Co. shall, in conformity with their proposal and estimate hereunto
attached, and which form a part of this contract, and, with the samples sub-
mitted by them for inspection, make and complete, in the best artistic manner of-
their manufactory, and to the satisfaction of the party of the first, and deliver in
complete order at the Executive Mansion, in the city of Washington, D. C, a por-
celain service .for the state dinner table of the said Mansion, comprising the fol-
lowing pieces, and at the prices annexed, which prices are to be exclusive of im-
port duty; namely:

10 dozen Dinner Plates, @ $49.85 $498 50

5 " Soup " " 49.85. 249 25

5 " Fish " " 39.70 198 50

5 " Game " " 59.90 299 50

5 '■' Dessert " " 75.35 376 75

5 " " " " 51.70..-. 258 50

4 Fruit Baskets, " 11.25 45 OO

2 " " " 24.35-. .- 4870

4 Jardinieres, " 15.40.: 61 60

2 " . " 29.60 -- 59 20

6 Bon Bon Stands, " 10.15 "- 60 90

4 " " " 10.15 40 60>

30 Pairs after-dinner Coffees, @, $4.95 148- SO-
SO " Teas, " 5.85. 175 50

30 " after-dinner .Coffees, " 7.50.. . 225 OO

30 " Teas, " 8.35 250 50

Being, for the whole, the sum of two thousand nine hundred and ninety-six dol-
ars and fifty cents ($2,996^^^). 32

498 PRESIDENTIAL LUXURIES.

'That the above costs shall include the marking upon each piece ordered, of the
'Coat-of-arms of the United States, as per sample furnished, together with the year
1879, beneath the same, in small figures.

That the said Haviland & Co. shall commence the manufacture of the articles
tierein contracted for as soon as possible after the signing of this contract, and de-
diver the same within six months from the commencement of the work, or as
much sooner as is practicable.

That payment shall be made when the articles shall have been delivered and ac-
•cepted.

In witness whereof the undersigned have hereunto placed their hands and seals,
the day and date first above written.

THOMAS LINCOLN CASEY,

Lieut. -Col. of Engineers, U. S. A. [Seal]
HAVILAND & CO.,

By Theodore Haviland, Att'y [Seal.]

Witnesses :

e. f. conklin,
William L. Briggs,
E. Campbell.

THE TAX-PAYERS FOOT THE BILL.

This rare set of dinner service is charged to the furniture account of the Execu-
tive Mansion, and the taxpayers of the United States foot the bill. The total cost
of this royal outfit is about $15,000. When Mr. Hayes retires from the White
House, like the Rockaway and the croquet set, this china service will find its way
to Ohio, to become an heirloom in the family of the First Fraudulent President.

The people will never know how many articles for personal use have been paid
for by the government, under the Grant and Hayes' administrations, until a Dem-
ocratic President is elected.

EXECUTIVE MANSION. 499

EXECUTIYE MANSION.

Total expenditures on account of the Executive Mansion, from March 2d, 1779,
to June 30th, 1876, reported to the House of Representatives by the Secretary of
the Treasury, May 22, 1878.

From March 2, 1797, to February 20, 1861 .' $281,052.92

" Febraary20, 1861, toMarchS, 1873 $342,980 82

Repairs.

From March 3, 1807, to March 2, 1861 395,073 01

" March2, 1861, to April 20, 1870 156,948 31

Repairs, Furniture and Fuel.
From March 3, 1871, to June 23, 1874 161,345 00

Library.

•From Sept. 30, 1850, to March 2, 1861 3,998 46

" March 3, 1861, to March 1, 1862 251 54

Improvement of Grounds.

From April 20, 1818, to March 2, 1861 149,778 76

" March2, 1861, to March 3, 1871 119,297 51

Watchman.

From March 3, 1851, to February 20, 1861 11,601 00

*' Febrnary20, 1861, to July 12, 1870 14,694 07

Furna^ce Keeper.

From March 3, 1855, to February 20, 1861 2,842 00

" February 20, 1861, to July 12,1870 6,527 50

Door Keepers.

From Aug. 81, 1852, to Februarj' 20, 1861 10,479 00

" February20, 1861, to July 12, 1870 10,334 68

Fuel.

From March 3, 1855, to March 2, 1861 8,200 00

" March 2, 1861, to July 15, 1870 38,929 03

Policemen.
None previous to 1866.
From July 23, 1866, to July 12, 1870 15,346 58

Repairs of Summer Residence.

From July 12, 1864 3,000 00

Survey of Land fm' Site foi' President's Mansion.

1867 2,39131

Underdraining Grounds and Garden.

1866 994 21

Total Expenditures from the Commencement of the Government. .

March 2, 1797, to March 2, 1861— V2 years $863,020 15

The above includes building the White House and rebuilding same.
From March 2, 1861, to June 23, 1874— 13 years $773,040 51

Very nearly as much spent in thirteen years Republican rule as in seventy-two
years previous, being less than one-fifth of the time only.

The average per annum for 72 years preceding 1861, $11,986.39.

Average per annum for 13 years, 1861 to 1874, $59,387.73.

An increase of $47,401.34 per annum, or an average increase of 395 per cent.
And in this connection it may be remarked that the Executive Mansion was con-
structed and rebuilt previous to 1861. The amounts $65,441.90 lavished upon it
since that time, and especially since the commencement of Grant's administration,
and during the incumbency of Mr. Hayes, have been spent for the comfort and
luxuries of the occupants, and not for permanent public improvements.

500

EXPENSES OF THE WHITE HOUSE.

EXPENSES OF THE WHITE HOUSE.

Executive Mansion.

Annual repairs, including painting, etc

Refurnishing interior, etc

Care and improvement of grounds south of house

Repairs, etc., of greenhouse and plants

Fuel, in part for President's house

Books for library " "

Iron fencing around gi'ounds

New stables to replace those torn down to make room for

Treasurj'

Care of nursery, etc

For trees, tree stakes, lime and stock for nursery

For removing snow and ice

For flower pots, twine, baskets, and lycopodium

For filling, leveling and improving grounds in front of

Executive Mansion

Last 4 years of
Democratic rule.

Total

$32,000 00
20,000 00
5,500 00
1,000 00
7,200 00
1,000 00

20,000 00

$86,700 00

Last 12 years of
Republican rule.

$302,345 00

113,719 25
37,000 00
37,000 00

82,6o6'6o

7,500 00

13,000 00

5,000 00

3,500 00

10,000 00

$611,064 25

Salaries of Employees in Executive Mansion—

Night watchmen

Door keepers

Furnace keeper

Policeman

Usher

$3,600 00
18,000 00
1,565 00

$14,400 00

19,360 00

9,648 00

18,440 00

22,000 00

Total.

$23,165 00

$83,848 00

Salaries of Officers in the Executive Office -

President of the United States

Secretary to sign land warrants

Private Secretary

Assist. Private Secretary

Clerk's Executive (2)

Clerks, M. 3^, ^

ird

Stewar

Messengers (5)

Stenographer (1)

Telegraph Operator

Contingent expenses, including stationery

$100,000 00
8,750 '66

4,200 00
3,150 00

2,625 00

$500,000 00
7,500 00

176,200 00

25,500 00

Total.

$118,725 00

$709,200 00

RECAPITULATION.

Executive Mansion

Salaries to employees in same.
Salaries to officers in same —

Totals,

$86,700 00
23,165 00
118,725 00

$228,590 00

$611,064 25

83,848 00

709,200 00

$1,404,112 25

Expenditure during four years of Democratic rule, from 1857 to 1861 $228,590_00

Expenditure during tw elve years of Republican power and misrule, from March 4,

1869, to March 4, 1881 .' $1,404,112 25

Average annual expenditure under Republican role $117,009^

Average annual expenditure under Democratic rule ." $57,147.50

Average annual saving under Democratic administration $58,861 85

THE BOTANICAL GARDEN. 501

THE BOTANICAL GARDEN.

MR. GARFIELD INCREASES THE APPROPRIATIONS FOR BOUQUETS AT THE WHITE
HOUSE, AND FOR FLORAL GIFTS BY THE PRESIDENTIAL HOUSEHOLD.

THE BOUQUET SHOP.

The Botanical Garden at Washington, which is used amongst other purposes to
supply bouquets to the White House, and for presentation by the occupants of the
Presidential mansion to distinguished persons for social entertainments, has grad-
ually become a great annual charge to the tax-payers. According to the official
reports the sum spent on this Bouquet Shop, from the commencement of Repub
lican rule in 1861 to the present year, aggregates $436,216.66. During the admin-
istration of Lincoln and Johnson the appropriations were small, not averaging to
€xceed $11,838 per annum, including the erection of buildings. The increased
appropriations for this official luxury were begun in Grant's administration, and
continued extravagant during the period when Mr. James Garfield held the purse
strings as Chairman of the Committee of Appropriations of the House of Repre-
sentatives, until the advent of the Democratic House, when they were reduced.

The first great increase was for the fiscal year ended June 30th, 1873, being also
the first year appropriated for after Mr. Garfield became Chairman of the Com-
mittee on Appropriations. The amount he secured for this project in that year
was $43,646, and in the following year he secured the increase to $56,646. A
comparison for the former years appropriated when Mr. Garfield was Chairman
of the Appropriation Committee with those appropriated for during the first year*
of the Forty-fourth and Forty-fifth Congresses (when the House was Democratic)
shows the former to have been $153,959 as against $69,795, a decrease by the
Democratic House under Mr. Garfield's appropriations of $83,164, being a reduc-
tion of more than fifty-four per cent.

Let us now examine the cost of the Botanical Garden from the first year of its
little beginning up to the present time, and make the comparison between its cost
previous to the extravagant expenditures made upon it by the Republicans and
the cost of its maintenance since 1861. The first appropriation for the Garden
appears in an item in the Act of 1836. The total expenditures since that date
were as follows :

EXPENDITURES ON ACCOUNT OP THE BOTANICAL GARDEN FROM 1836 TO 1866.

Buildings and Grounds $42,447.11

Salaries 45,496.30

Improvement of Grounds 20,600.00

Repairs 1,044.16

Total for thirty years $109,587.57

Being an average of $3,652.92 per year.

502

THE BOTANICAL GARDEN.

EXPENDITURES ON ACCOUNT OF THE BOTANICAL GARDEN FROM 1866 TO 1877.

Buildings and Grounds $135,156.35>

Salaries 121,590.0^

Improvement of Grounds , 108,847.99*

Eepairs 7,561.3&

Total for eleven years $373,155. TS'

Being an average of $33,923.00 per year.

In Other words, the Botanical Garden since 1866 has cost ten times more per an-
num to support than it did before that period.

Below will be found a correct statement from the oflEicial records of the amounts^
annually appropriated for the Botanical Garden since 1861 : <

U. S. GOVERNMENT EXPENSES FOR BOUQUET SHOP FOR TWENTY YEARS.

Ybab Ending

Appropriations for
Botanical Garden.

Year Ending

Appropriations for
Botanical Garden.

1862

1863

1864

1865

1866

1867

1868

1869

1870

1871

1872

$8,612 50

8,412 50

8,421 50

9,445 80

26,945 80

9,445 80

16,645 80

16,696 00

25,296 96

31,671 00

32,986 00

1878

1874

1875

1876

1877

1878

1879

. 1880

1881

$43,646 00

56,646 00

29,071 00

23,596 00

*16,450 00

*17,400 00

*20,450 00

*15,495 00

*18,883 00

$436,216 66

♦ Yeai-s appropriated for by the Democratic House.

DISTRICT OF COLUMBIA. 603

DISTRICT OF COLUMBIA.

COMPARISON OF EXPENDITURES BY THE GENERAL GOVERNMENT IN THE DISTRICT
OP COLUMBIA FO?. PUBLIC PURPOSES, FROM THE COMMENCEMENT OF THE GOV-
ERNMENT TO JUNE 30, 1876, AS REPORTED TO THE HOUSE OF REPRESENTA-
TIVES BY THE SECRETARY OF THE TREASURY, MAY 22, 1878.

The extravagant expenditures of Republican administrations in the District
of Columbia, have been on so grand a scale as to merit and receive the condem-
nation of the people. It is not complained of that the government should pro-
vide for itself the necessary buildings and conveniences for the transaction of the
public business, but a large portion of the money chargeable to expenditures in the
District of Columbia has been stolen by the rings with which the administra-
tion of Gen. Grant, and the Chairman of the Committee on Appropriations of the
House, Mr. Garfield, were on intimate relations.

On the 22d of May, 1878, the Secretary of the Treasury made a report to the
House of Representatives, which contained all the public expenditures made by
the United States, in the District of Columbia for public purposes, from 1797 to
1876, inclusive. This report shows the following facts:

The total amount expended from 1797 to 1861, a period of 64 years, aggregated
$35,478,899.40, being an average of $554,357.80 per year.

The total amount expended in the District of Columbia for public purposes,,
from 1861 to 1876 inclusive, a period of 16 years, aggregated $56,663,496.47, being
at the rate of $3,541,468.53 per year.

Statement of expenditures from the National Treasury in the District of Col-
umbia for streets and avenues.

From April 24, 1800 to March 3, 1861, $497,378.60, 61 years, or $8,153.75 per
year.

From March 3, 1861 to March 3, 1876, 15 years, $3,534,930.96, or $235,662.06
per year.

Comparison by year of expenditures from the national treasury for public pur-
poses in the District of Columbia :

EXPENDED.

Year, In

1873 $8,041,458 56.

1860 1,535,783 59. Excess, $6,505,674 97. More than five times as much.

1874 5,135,901 01.

I860...'... 1,535,783 59. Excess, $3,600,117 42. More than three times as much.

1875 6,468,758 64.

1860 1,535,783 59. Excess, $4,932,970 05. More than four times as much..

1876. 5,050,770 95.

1860 1,535, 783 59. Excess, $4,514,987 36. More than three times as much.

504 DISTRICT OF COLUMBIA.

These figures require no explanation — they speak for themselves. It may be
attempted to reply to them by sajdng, that the government has been erecting large
and costly buildings in the District since 1861. This is true; but it is also true
that a much greater number of public buildings, and of much greater value ,
were erected by the government in the District of Columbia previous to 1861.
iPor example : The largest and most costly building erected by the government is
the Capitol of the United States, which was nearly completed previous to June
30, 1861. The amount expended in the erection of the old and new Capitol, and
repairing the same, was, previous to June 30, 1861, $9,225,000, whilst since that
date, the following amount only has been expended in its completion: $2,470,000.

In addition to the Capitol building, the government had, previous to 1861, con-
structed in the District of Columbia the court house, jail, President's house
(building and rebuilding), patent office, post-office, buildings for the war, navy,
and state departments, the old treasury building (and bad nearly completed the new
treasury building), had completed observatory, navy yard, arsenal, and the bo-
tanical garden (partly constructed). Since 1861 the government has commenced,
but not yet completed, the new building intended for the state, war and navy
departments; completed the building for the treasury department; erected a
small building for the department of agriculture; also a small building for a
national museum, and completed the interior of the extension to the patent office.

In examining the expenditures in the District of Columbia by the government,
since 186U it will be found that they have not been in a great degree for public
improvements, but rather temporary and contingent expenses. For example,
making a comparison again in expenditures for the Capitol previous to and since
1861, we find the following items :

Repairs, for 34 years to March, 1861, $347,468.85; Repairs for 14 years from
1861 to 1875, $355,986.95.

Furniture for 61 years to 1861, $256,911.69; Furniture for 15 years from 1861 to
•1876, $425,884.32.

Lighting for 32 years to 1861, $425,426.49; Lighting for 14 years from 1861 to
1875, $910,331.21.

Heating and ventilating for 30 years to 1861, $40,742.82; Heating and ventil-
--ating for 9 years to 1871, $257,841.57.

Improvement of grounds for 43 years to 1859, $224,012.41.

Improvement of grounds for 12 years to 1876, $1,410,246.00.

-Police force for 10 years to 1861, $65,273.77.

Police force for 14 years from 1861 to 1875, $653,586.01.

In addition there are such items as the following, which do not appear previ-
'Ous to the year 1861, viz.: Senate stable, $10,000; labor, $21,110; police uni-
forms, $5,352.25, and the like.

MR. GARFIELD RESPONSIBLE FOR INCREASED EXPENDITURES.

A comparison of the year previous to the war with the years 1873, 1874, 1875
tind 1876 (when Mr. Garfield was chairman of the Committee on Appropriations),
of the expenditures made in the District of Columbia, shows the following enor-
mous difference : ^

Comparison by years of expenditures from the National Treasury for pub-
lic purposes in the District of Columbia: Expended in

YEAR.

1873 $8,041,458.56

1860 1,535,783.59

Excess $6,505,674.97 More than five times as much.

DISTRICT OF COLUMBIA. 505

1874 -...$5,135,901.01

1860 1,535,783.59

Excess $3,600,117.42 More than three times as much

1875 $6,468,753.64

1860 . 1,535,783.59

Excess $4,932,970.05 More than four times as much.

1876 $5,050,770.95

I860: 1,535,783.59

Excess $4,514,987.36 More than three times as much.

The comparisons are made with the years 1873, 1874, 1875, and 1876, because
Mr. Garfield was Chairman of the Committee on Appropriations, which made the
appropriations for those years, and always the most strenuous advocate of ring
interests in the District of Columbia.

Take another item in detail, of the expenditures in the District of Columbia,
namely, for streets and avenues : We find that there was expended for those pur-
poses in the District of Columbia, in 61 years, from April 24, 1800, to March 3,
1861, $497,378.60; whilst for the same purposes there was expended in the Dis-
trict of Columbia by the general government, for 15 years, from March 3, 1861, to
March 3, 1876, $3,534,930.96, or an average of $235,662.06 per annum, as against
$8,153.75 per annum for the years preceding the war.

In addition to this large sum expended by the government in the District of
Columbia for streets and avenues, an indebtedness was raised of $21,683,650.00,
for which the government was compelled to issue its bonds. Nor does this repre-
sent the total amount expended in the District of Columbia through the agency
of the Board of Public Works, which exceeded $35,000,000.

606 ' APPROPRIATION 5 AND EXPENDITURES.

APPROPRIATIONS AND EXPENDITURES.

DEMOCRATIC ECONOMY AND REPUBLICAN EXTRA-
VAGANCE.

The profligate expenditures inaugurated by the Republican party culminated
in Grant's second administration, and, to a considerable extent, were cheoked by
the incoming of the Democratic House of Representatives, in December, 1875.

That body, as far as it had the power, cut down expenditures and endeavored
to bring back the government to the economy in administration which prevailed
before the new era of Radical corruption and wasteful extravagance.

DEMOCRATIC ECONOMY BEFORE THE WAR — 1860 COMPARED WITH 1874.

Economy in public expenditures has always been a cardinal principle of the
Democratic party. Contrast the net ordinary expenditures of the last Democratic
administration with the last Republican administration previous to the advent of
the Democratic House of Representatives in 1875, and the difference is startling.
Eliminating from the calculation all expenditures relating to the public debt,
principal, interest and premiums, and taking only the net ordinary expenditures, ex-
clusive also of pensions, and we find :

Democratic administration, year ending June 30th, 1861, $61,581,456.05 ; Re-
publican administration, year ending June 30th, 1874, $165,080,570.34 ; a differ-
ence of $103,499,114.29 per annum, exclusive of expenditures arising out of the
war !

TEN YEARS BEFORE THE WAR COMPARED WITH TEN YEARS SINCE THE WAR.

It may be said that a comparison of 1861 with 1874 is only that of one year
with another single year. Let us, then, make the comparison as complete as possi-
ble. For this purpose eliminate entirely the war period, say from June 30th,
1862, to June 30th, 1866, both fiscal years inclusive, being more than a year after
the close of the war. Eliminate again all except the net ordinary expenditures,
excluding public debt, principal, interest, premiums and pensions, and it appears
that the net ordinary expenditures above stated, from the fiscal year ended March
4th, 1879, down to and including the fiscal year ended June 30th, 1861, both in-
clusive, covering

A PERIOD OF SEVENTY-TWO YEARS,

amounted to one billion five hundred and six millions seven hundred and six
thousand and one hundred and forty-one dollars and fifteen cents ($1,506,-
706,141.15).

Now, the net ordinary expenditures (for the same items) for the last ten years
OF Republican rule preceding the advent of the Democratic House of Repre-
sentatives, beginning with the fiscal year ended June 30, 1867, more than one

DEMOCRATIC ECONOMY REPUBLICAN EXTRAVAGANCE. 501

year after the close of the war, up to and including the fiscal year ended June 30,.
1876, amounted to one billion five hundred and twenty- eight million nine hun-
dred and thirty-seven thousand one hundred and thirty-seven dollars and eighty-
seven cents ($1,528,937,137.87). In other words, the Republican party ex-
pended more money in ten years after the close of the war and the disbandment
of our armies, for net ordinary expenditures alone, exclusive of public debt,
interest, principal and premium, and exclusive of pensions, by twenty- two mil-
lions two hundred and thirty thousand nine hundred and ninety-six dollars and
seventy-two cents ($23,230,996.72), than had been expended in seventy-two years-
preceding the advent of the Republican party to power!

TEN YEARS BEFORE THE WAR AND TEN YEARS SINCE THE WAR.

Taking the same net ordinary expenditures for ten years of Democratic con-
servative rule before the war, beginning with the fiscal year ended June 30, 1852,.
up to and including fiscal year ended June 30, 1861, both inclusive, we find them
to have been but five hundred and seventy-two millions eight hundred and
seventy-six thousand two hundred and sixty dollars and fifty-two cents
($572,876,260.52). Compare that period with expenditures for like items
during the ten j^ears of Radical rule in time of peace — from fiscal year ended June
30, 1867, to and including fiscal year ended June 30, 1876 — which were one billion
five hundred and t\i^enty-eight millions nine hundred and thirty-seven thousand
one hundred and thirty-seven dollars and eighty-seven cents ($1,528,937,137.87)
and we discover an

EXCESS OF ' REPUBLICAN EXPENDITURES OP NINE HUNDRED AND FIFTY-SIX
MILLIONS SIXTY THOUSAND EIGHT HUNDRED AND SEVENTY-SEVEN DOLLARS
AND THIRTY-FIVE CENTS,

an increase in ten years of Republican rule in the items of net ordinary ex-
penditures alone, of more than one hundred and seventy per cent., comparing ten
years of peace before 1861 with ten years of peace after 1867 ! The average
PER ANNUM of thesc net ordinary expenditures for the ten years of Republican
rule — in time of peace — reached the sum of one hundred and fifty-two millions eight
hundred and ninety-three thousand seven hundred and thirteen dollars and seventy-
eight cents ($152,893,713.78), whilst the same items of net ordinary expenditures
for the ten years of Democratic rule above-named averaged only fifty-seven mil-
lions two hundred and eighty-seven thousand six hundred and twenty-six dollars
and five cents ($57,287,626.05). This shows that, comparing two decades of
profound peace, the net ordinary expenditures of the government, exclusive of
the public debt, interest, principal and premiums, and exclusive also of pensions,
unciei a decade of Republican rule, were nearly three times as large as for

THE last decade OF DEMOCRATIC CONSERVATIVE RULE.

Taking the censuses of 1860 and 1870 respectively as the bases for calculation,
it appears that these same net ordinaiy expenditures under the same decade of
Radical rule in time of peace amounted to thirty-nine dollars and sixty-five cents
($39.65) PER CAPITA, whilst the same items of expenditure for the last decade of
Democratic conservative rule amounted to but eighteen dollars and twenty-six
cents ($18.26) per capita, or an excess of one hundred and seventeen (117) per
cent.* against the Republican party.

EXTRAVAGANCE IN EVERY BRANCH OF THE SERVICE.

The oflScial record shows that the extravagant and criminal increase of expen-
ditures occurred in every branch of the service.

* See table marked A, p. 508.

•508

APPKOrRIATIO NS AN(I EXPENDITURES

IN THE WAR DEPARTMENT.

For instance, the regular army was largely increased — not during but after the
war — and the cost of maintaining it per man was greatly augmented. The ex-
penditures during this decade of Kadical rule, for that branch of the service were
$593,000,000 as against the sum of $169,000,000 under the last decade of
Democratic conservative rule, showing a difference for ten years against the
Radical party of $424,000,000, being an increase of more than one hundred and
ninety-one per cent.

IN THE NAVY DEPARTMENT.

The expenditures for the decade ending June 30th, 1876, for maintaining a so-
called navy, were $234,000,000, as against but $123,000,000 for the last Democratic
decade, a difference against Radical rule of $111,000,000; being an increase of
more than eighty-nine per cent.

IN THE INDIAN DEPARTMENT.

The Indian Ring held full sway during this decade of Radical rule, and expended
$62,500,000, as against $32,500,000 expended on account of the Indian service
during the last ten years of Democratic rule, a difference against Republican rule
of $30,000,000 I being an increase of more than ninety-three per cent.

THE CIVIL AND MISCELLANEOUS EXPENDITURES

for these ten years of Radical rule amounted to the enormous sum of $638,000,-
000, as against but $247,000,000 expended during the last ten years of Demo-
cratic rule, showing an increase under Republican rule of $391,000,000
IN TEN YEARS, IN THE CIVIL AND MISCELLANEOUS EXPENDITURES ; being an in-
crease of more than one hundred and fifty-eight per cent.

RECAPITULATION OF COMPARISON OF A DECADE OF DEMOCRATIC RULE WITH A

DECADE OF RADICAL RULE.
Average per annum of ten years of Democratic rule, June 30, 1852. to June 30, 1862. . . $57,277,23(1.05

" " Radical rule, June 30, 1867, to June 30, 1376 152,893,713.78

Cost -per capita of ten years of Democratic rule, from June 30, 1852, to June 30, 1861. . . 18.26

Radical rule, June 30, 1867, to June 30, 1876 39.65

The above is, as already stated, for net ordinary expenditures alone, exclusive of
public debt, interest, premium, and exclusive also of pensions.

The following table, marked A., gives the aggregate for the years and purposes
named and is compiled from the oificial report of the Secretary of the Treasury.

TABLE A.

Net Ordinary Expenditures of tlie United States, exclusive of Public Debt, Premiums, Interest and
Principal, and exclusive also of Pensions, for ten years, June 30, 1852, to June 30, 1861, both in-
clusive, and for ten years from June 30, 1867, to June 30, 1876, both inclusive:

Title.

Ten years of Radical
rule— June 30, '67 to
June 30, '76— both fis-
cal years inclusive.

Ten'years of Democratic
rule— June 30, '52, to
June 30, '61-both fis-
cal years inclusive.

Increase of 10 years
Radical rule over 10
years Democratic rule
for same periods.

War

Navy

$593,629,479 43
234,191,119 10
62,678,183 52
638,438,355 82

$169,132,248 55

123,476,351 20

32,571,486 75

247,592,174 02

$424,497,230 88

110,714,767 90

30,106,696 77

390,846,181 80

Civil and Miscellaneous. .

Total

$1,528,937,137 87

$572,772,260 52

$956,164,877 35

EXPENDITURES OF 1860 COMPARED WITH 1875.

Additional comparisons of Democratic economy with Republican extravagance
are here appended.

DEMOCRATIC ECONOMY REPUBLICAN EXTRAVAGANCE. 50^

The last fiscal year of Democratic administration was that ending June 30, I860.
The net ordinaiy expenses of the government for that year, exclusive of pensions-
and public debt and interest, were $58,955,952.
These expenses, stated in detail, were (omitting cents) :

For the War Department $16,472,202-

" Navy " 11,514,649

" Indiin " 2,991,121

" Miscellaneous or civil 27,977,973^

Now compare these expenditures with those of the last year in which the Re-
publican party had unlimited control, the fiscal year ending June 30, 1875.
The net ordinary expenses for the government for that year, (exclusive of pen-
sions, public debt and interest), were |142, 073,632, being $83,117,682 in excess of
the last year of Democratic administration ; or, in other words, the Republican ex-
penditures were nearly two and a half times as great as the Democratic expendi-
tures.

But it may be said that our population was much greater in 1875 than it was in
1860, and that this accounts for the increased expenses of government. This ex-
planation will not suffice. The population in 1860 was 31,443,321, and the expen-
ditures were at the rate of $1.87i per capita. In 1875 the population, as nearly as
it can be estimated, was 43,000,000, and the expenditures were at the rate of $3.30
per capita.

Again, it may be said, that the increase of expenses grew out of the war. This,
explanation will not answer. In the figures given, and those hereafter given,
we exclude the expenditures occasioned by the war — namely, pensions, the public
debt and the interest thereon — and confine the comparison to the ordinary expenses
of government, namely, the cost of the War, Navy, Indian and Civil Departments
in time of peace. The increase in these departments is shown in the following
table :

DETAILS.

• 1860. 1875. Increase.

War Department $16,472,202 $41,120,645 $24,648,443

Navv 11,514,649 21,497,626 9,982,977

Indian 2,991,121 . 8,384,656 5,393,535

Miscellaneous or civil 27,977,978 71,070,702 43,092,724

Increase $83,117,679

But it may be said that the comparison should not be of a single year with a
single year, because special circumstances might make such a comparison unfair,
and that the only fair mode is to compare a period of several years with a like
period.

SEVEN YEARS BEFORE THE WAR COMPARED WITH SEVEN YEARS SINCE

THE WAR.

Let us take a period of seven years of Democratic administration, and compare
it with a like period of Republican administration — both periods being years of
profound peace. Let us take the seven fiscal years commencing Jury 1, 1853,
and ending June 30, 1860, when the Democracy were in power, and compare
them with the seven fiscal years commencing July 1, 1868 (three years after the
close of the war), and ending June 30, 1875, when the Republicans had unlimited
control; and what is the result? The following table shows it:
July 1, 1853, to June 30, I860,, seven years—

ORDINARY EXPENDITURES, LESS PENSIONS.

Fiscal year ending June 30, '54 $50,734,863

'55 54,838,585

" '56 65,476,298

'57 64,730,763.

" " '58 71,110,66^

'59 65,133,728

'60 58,955,952^

$430,980,86a
Average annual expenditure, $61,568,694.
Expenditure per capita, $1.94.

510 APPROPRIATIONS AND EXPENDITURES.

July 1
Fiscal

1868, to June 30, 1875, seven years-
year ending June 30, '69 $162,019,733

'70 136,081,305

'71 123,139,933

'72 124,668,454

'73 151,129,210

'74 165,080,570

'75 142,073,632

$1,004,192,837
Average annual expenditure, $143,456,119.
Expenditure per capita, $3.45.

All these figures are derived from official sources, and it appears by them that
the average annual ordinary expenses of government in seven years of Demo-
cratic rule were $61,508,694, while the like average annual expenses in seven years of
Republican rule were $143,456,119, being an average annual excess under Repub-
lican administration of $81,887,425.

And this excess cannot be explained by the increase of population, for the ex-
■pense per capita in the seven Republican years was $3.45, while in the seven
Democratic years it was $1.94.

Nor can it be explained as necessarily resulting from the war; for there are ex-
cluded from the comparison expenses caused by it — namely, pensions, public debt
and interest thereon ; and the first of the seven Republican years taken was the
third year after the war.

EXTRAVAGANT INCREASE OF EXPENDITURES — THEY GROW GREATER AS WE
RECEDE FROM THE WAR PERIOD.

An examination of the net ordinary expenditures of the government (exclud-
ing always the public debt, interest, principal and premiums, and also excluding
pensions) shows a reckless increase as we recede from the war period which is
totally inexcusable. And this increase continued up to the advent of the Demo-
cratic House of Representatives in 1875. For example, the expenditures for these
purposes named were for the fiscal year ended , June 30, 1871, one hundred and
twenty-three millions one hundred and thirty-nine thousand nine hundred and
thirty-two dollars, and in 1876 one hundred and thirty-six millions six hundred
thousand four hundred and seventeen dollars — an increase of thirteen millions,
four hundred and sixty thousand, four hundred and eighty-five dollars and sixty
seven cents ($13,460,485.67), whilst the expenditures for like items for the fiscal
year ended June 30, 1874, were one hundred and sixty-five millions eighty thou-
sand, five hundred and seventy dollars, being an increase over the year 1871 of
forty-one million nine hundred and forty thousand six hundred and thirty-eight
dollars and thirty-four cents ($41,940,638.34).

So it will be seen that the Republican Congresses and administrations con-
stantly increased the expenditures from year to year, after the close of the war,
and at the same time, that the purchasing power of money was continuously aug-
menting ! The following is a statement of the net ordinary expenditure of the
government (excluding public debt, principal, interest and premiums, and exclud-
ing also pensions) from the fiscal year ended June 30, 1871, to the fiscal year
ended June 30, 1876, being years appropriated for by a Republican Senate and
House of Representatives,
Net ordinary expenses exclusive of public debt and pensions :

For the fiscal year 1871 $123,139,932,00

1872 124,668,453.43

1873 151,129,210.04 :

1874 165,080,570.34

1875... 142,073,6.32.05

1876 136,600,4*17.67

DljJMOCRATIC ECONOMY REPUBLICAN EXTRA V AG AXCE. 511

EXPENDITURES APPROPRIATED FOR BY THE FORTY-SECOND AND FORTY-THIRD
CONGRESSES, COMPARED WITH FORTY-i'OURTH AND FORTY-FIFTH — DEMOCRATIC
HOUSE REDUCTIONS.

In December. 1875, a Democratic House of Representatives came into power,
and the attempt was successfully made to cut down extravagant expenditures.
The first fiscal years appropriated for by this Democratic House were those ending
June 30, 1877, and June 30, 1878. Let us compare these with the two previous
years appropriated for by a Congress Republican in both branches.

The actual net ordinary expenditures, exclusive of the public debt, principal,
premiums and interest, and exclusive also of pensions appropriated for by the
Forty-third Congress and the Forty-fourth Congress, are as follows :

Republican Forty-third
Congress.

1875 $142,073,633.05

1876 ---. 136.600,417.67

Forty-fourth Congress, Democratic
House.

1877 $116,246,211.01

1878 107,326,433.07

Total $278,674,049.72 Total. $223,572,644.08

Here, then, we have stated for each fiscal year the actual net ordinary expendi-
tures for the years 1875 and 1876 under the appropriations made by a Republican
Congress, against which we place the expenditures for the same purposes for the
years 1877 and 1878, under the influence of a Democratic House, showing an actual
saving of $55,101,404.64, made under the greatest diflSculties placed in the way
of retrenchment l)y a Republican Senate and a Republican administration.

Now let us compare the expenditures appropriated for by the Forty-second Con-
gress, Republican in both branches, and the Forty-fifth Congress, when the House
was Democratic : The actual net ordinary expenditures, exclusive of the public
debt, principal, premiums and interest, and exclusive also of pensions, appropriated
for by the Forty-second and Forty-fifth Congresses, are as follows :

Republican Forty-second Forty-fifth Congress, Democratic

Congress. House.

1873 $151,129,210.04 1879 ..$126,498,452.14

1874 165,080,570.34 *1880--. 131,994,037.17

Total $316,209,780.38 Total $258,492,489.31

This exhibits a decrease of fifty-semn millions seven hundred and seventeen

thousand dollars in round numbers, or, to be exact, of $57,717,291.07.

♦Partly estimated. This includes the bills passed at the first session Forty-sixth Congress,
which failed to become laws in Forty-fifth Congress.

ECONOMY INAUGURATED BY DEMOCRATIC HOUSE.

Taking the saving effected by the Democratic Houses of the Forty -fourth and
Forty-fifth Congresses over the expenditures of the Forty-second and Forty-third
Congresses, when both branches were Republican, and adding them together, the
total exhibits a saving of one hundred and thirteen millions of dollars in
round numbers (or, to be exact, of $112,818,695.71), in the four years, 1877, 1878,
1879 and 1880, as compared with the previous four years, 1873, 1874, 1875 and
1876.

DEMOCRATIC REDUCTIONS IN APPROPRIATIONS IN THE FACE OF A REPUBLICAN
SENATE AND EXECUTIVE.

So far we have been treating of actual expenditures only. This does not ex-
hibit, however, all the reductions that were attempted by the Democratic House,
but represents only the amounts of reduction wrung from a Republican Senate

512 APPROPRIATIONS AND EXPENDITURES.

and Executive after repeated struggles and after most serious opposition in the
Republican House, Mr. James A. Garfield being a conspicuous opponent on the
floor of the House. In treating of these appropriations at present, we shall only
speak of the eleven great appropriation bills, viz. : the Military Academy, Fortifi-
cation, Consular and Diplomatic, Navy, Post-Office, Pension, Indian, Army,
Legislative, Executive and Judicial, Sundry Civil, and River and Harbor Bills.
The Deficiency and Miscellaneous Bills will be treated of hereafter, and will show
a still greater reduction.

These eleven great bills for the years 1877, 1878, 1879 and 1880, and 1873, 1874,
1875 and 1876, appropriated the following amounts :

44th Congress J 1877 $145,997,956.72

Dem. House 1 1878 140,384,606.95

45th Congress J 1879 157,213,933.77

♦Dem. House 1 1880 156,970,248.71

42d Congress j 1873 $160,320,113.11

Republican 1 1874 181,587,054.61

43d Congress j 1875 177.679,473,77

Republican ] 1876 172,600,205.53

Total $692,186,847.02 Total $600,566,746.15

♦Includes bills passed at extra session 46th Congress.

These figures, taken from the official records, exhibit a REDUCTION EX-
CEEDING NINETY-ONE MILLIONS OF DOLLARS, secured by the efforts of
the Democratic House of Representatives in four years in these eleven bills alone,
the exact figures being $91,620,100.87.

Great as these reductions were for a period of four years, they by no means
represent all that was attempted by the Democratic House of Representatives in
the Forty-fourth and Forty-fifth Congresses. Every measure of economy proposed
by the House was fiercely fought by the Republicans in the House at every stage,
and a Republican Senate, backed by a Republican administration, refused to
sanction the economical measures proposed by the Democratic House. The fol-
lowing, in brief, is a statement of the

RECORD OF ATTEMPTED REDUCTIONS

by the Democratic House in these eleven biUs :

For the fiscal 3'ear ended June 30, 1877 :

Estimates of Departments $200,375,553 78

Appropriations as passed the House 138,080,856 68

Appropriations as increased by the Senate 157,419,767 36

Appropriations as reduced by the House 145,997,956 72

For the fiscal year ended June 30, 1878 :

Estimates of Departments 184,182,005 14

Appropriations as passed the House 131,309,307 37

Appropriations as increased by the Senate , 148,988,885 75

Appropriations as reduced by the House 140,384,606 95

For the fiscal year ended June 30, 1879 :

Estimates of Departments 176,226,348 31

Appropriations as passed the House ; 147,687,739 94

Appropriations as increased by the Senate 161,852,269 41

Appropriations as reduced by the House . : 157,213,933 77

For the fiscal year ended June 30, 1880 :

Estimates of Departments 159,861,836 58

Appropriations as passed the House. . . 153,331,949 01

Appropriations as mcreased by the Senate 160,475,194 97

♦Appropriations as reduced by the House 156,970,248 71

Total Estimates of Departments for 1877, 1878, 1879 and 1880 720,645,743 81

Total as passed Democratic House for 1877, 1878, 1879 and 1880 574,048,152 70

Total as increased by Republican Senate for 1877, 1878, 1879 and 1880 628,736,117 49

Total as reduced by Democratic House for 1877, 1878, 1879 and 1880 600,566,746 15

♦Included bills passed at extra session Forty-sixth Congress.

If the Republican Senate had concurred with the Democratic House in passing
these bills as they originally passed the House, there would have been

A SAVING OF $146,597,591.11.
as compared with the profligate estimates and demands of the Republican officials,
while there would have been an

DEMOCRATIC ECONOMY REPUBLICAN EXTRAVAGANCE. 513

ACTUAL SAVING OF $118,138,694.32.

in these eleven bills for four years— 1877, 1878, 1879 and 1880— as compared with
the appropriations in the same eleven bills for the years 1873, 1874, 1875 and 1876.

APPROPRIATIONS MADE AT SECOND ' SESSION, FORTY-SIXTH CONGRESS, FOR FISCAL.
YEAR ENDING JUNE 30, 1881.

The book of estimates is made up from the estimates made by the various de-
partments, and is sent to the Secretary of the Treasury for revision and approval.
It is then presented to Congress at the beginning of each regular session, as the
estimates of the administration for appropriations necessary to defray the ex-
penses of the government for the incoming fiscal year. Congress is in no way
responsible for the expenditures, and yet, at the end of each fiscal year, the ad-
ministration brings in long lists of deficiencies, which represent expenditures
made by the administration in excess of the appropriations and in violation of law.

The regular estimates presented to Congress through the Secretary of the
Treasury for the fiscal year ending June 30, 1881, amount to $184,559,042.17, to
which must be added the sum of $8,500,000.00 for estimates sent in by the admin-
istration to the Committeee of Appropriations, and the sum of $11,000,000.00 sent
in to the Committee on Commerce at various times, thus swelling the grand total
of estimates for the fiscal year ending June 30, 1881, to $204,059,042.17. The
thirteen great appropriation bills, viz. : The Pension, Military Academy, Fortifica-
tions, Consular and Diplomatic, Navy, Post-Oflice, Indian, Army, Legislative,
Executive and Judicial, Sundry Civil, River and Harbor, District of Columbia,
and Agricultural (the last two appearing for the first time as separate bills), amount-
ed to $168,730,945.04. All the appropriations made (including miscellaneous)
for all net ordinary expenses, arrears of pensions, etc., and excluding only per-
manent annual appropriations for the public debt, the total for the fiscal year
ending June 30, 1880, were $186,404,959.30, while the estimates amounted
to $204,059,043.17. Thus the estimates of the Republican departments exceeded
the appropriations by $17,654,082.87. This reduction was secured by Demo-
cratic votes, the Republicans uniformly arguing and voting for increased ex-
penditures.

From this grand total of appropriations, $186,404,959.30, the sum of at least
$18,000,000.00 should be deducted, as having been appropriated for unusual or
exceptional objects, not annually provided for, such as the item of $14,000,000.00
for arrears of pensions, $218,000.00 to provide clerical force connected with the
arrears of pensions, &c. Of the whole amount appropriated, $26,826,000 was for
the arrears of pensions. In addition, another unusual item, not occurring an-
nually, amounts to $2,960,000, for taking the census, and there are additional un-
usual items for monuments, military posts, etc., making the sum total of unusual
items amount to $18,000,000.00, which, taken from the grand total, leaves
i?168,404,959,30 as the sum of the net ordinary appropriations (including certain
deficiencies) for the next fiscal year.

If the sum of one-half million, which is in excess of the usual appropriations
for new public buildings, and of $3,000,000, which is in excess of the average
amount appropriated for rivers and harbors in the Forty-third and other Con-
gresses, should be added to the $18,000,000 of extraordinary appropriations, we
would then have $21,500,000 of unusual appropriations, which, deducted from the
grand total, would leave less than $165,000,000 as the true net ordinary appropria-
tions for the next fiscal year. In this sum of $165,000,000 more than liberal
allowances are made for public buildings, national cemeteries, life-saving service,

514

APPROPRIATIONS AXD EXPENDITURES.

light-houses and Federal courts. The net ordinary appropriations for the first
year of the Forty-third Congress, the last term that the distinguished gentleman
from Ohio, now the Republican nominee for President, served as Chairman of the
Committee on Appropriations in this House, \^^ere $184,304,789.08. The appro-
priations, ordinary and extraordinary, amount to $186,405,058, from which deduct,
for reasons just given, $21,500,000, and there remains $164,905,058, or nearly
$20,000,000 less for the net ordinary appropriations for 1881 than were appropriated
for 1875.

It is proper to place in the same category of "unusual or extraordinaiy " the
item of $1,200,000 of deficiency for star service, so called, which would have
brought down the appropriations for net ordinary expenditures, including those
less abnormal and vastly more legitimate, to $163,705.58. In making these appro-
priations due and scrupulous regard has been had to the proper and legitimate
demands of the public service. No estimate has escaped notice and scrutiny, and
without partisan or other prejudice every consideration has been given to the facts
in each case, and such appropriations have been made as the needs of the public
service in every branch of it seemed to require. Large increases were made in
the pension, adjutant-general's, surgeon-general's and second auditor's offices
each, on account of the disposition of Congress to facilitate those Bureaus in
expediting the adjustment and settlement of the claims of soldiers for pensions
and bounties. Some additions were made to the force in the Patent OflBce to faci-
litate the work in that bureau in perfecting and issuing patents to the inventors of
our country, who seem to excel the citizens of all other countries in their invent-
ive genius and skill. In the Post-Oflace Department a heavy increase of force has
been made, owing to the immense growth and expansion of that most important
branch of the public service ; the growth being now about 14 per cent. , as against
a year or two back, when it was about 7 per cent. Considerable increase has been
made in the appropriations for the Internal Revenue Bureau on account of its
growth and its constantly augmenting incomes. So in other branches some
increase has been made, but in no instance has more been granted by the House
than has been asked by the government ; where the force has been wanted to
facilitate the settlement of pension claims all demands of the departments have
been fully met by Congress.

REDUCTIONS IN ONLY POLITICAL DEPARTMENT CONTROLLED BY THE DEMOCRATS.

It is well known that the Folding Room of the House of Representatives was

used by the Republicans for their party purposes. It is there where frankable

speeches and documents are folded during a campaign. An examination of the

subjoined table shows the great reduction made by the Democratic House in

this item.

Statement showing the cost of employees, and for folding, of the House of Representatives,
for the Forty-seem id, Forty-third, Forty-fourth and Forty-fifth Congresses; the first
two vm-e R^mblican, and of the last two the House was Democratic.

Folding
Documents.

42d

Congress.

$237,000

43d
Congress-

$97,150.49

Total.
42d & 43d
Congresses

$334,150.49

44th
Congress.

$44,250

45th
Congress.

$62,800

Total
44th & 45th
Congresses.

$107,050

Reduction

made by

44th & 45th

Congresses.

$227,100.49

DEMOCRATIC ECONOMY REPUBLICAN EXTRAVAGANCE.

515

For example : Take tlie Forty-second Congress, which began in December,
1871, and ended in March, 1873, This Congress was the one which sat during the
year of the Presidential election of 1872, and in the Folding I loom was done the
campaign work of the Republican party. In that Congress the Folding Room
cost $237,000, whilst the Folding Room, as operated by the Democratic House of
Representatives in the Forty-fourth Congress, during the Presidential election of
1876, cost but $44,250, a reduction of $192,750, or a reduction exceeding four
hundred and thirty-five per cent.

The aggregate of the expenses of the Folding Room of the House of Repre-
sentatives for the Forty-second and Forty-third Congresses — both Republican —
reached $334,150.49, whilst that for the Democratic House of Representatives for
the Forty-fourth and Forty-fifth Congresses aggregated but $107,050, a reduction
of $227,100.49.

APPROPRIATIONS FORTV^-SECOND AND FORTY-THIRD CONGRESSES.

Detailed statement of the 11 Appropriation Acts for the fiscal years 1873, 1874, 1875' and 1876,

gassed by the Forty-second and Forty-third Congresses (Republican in both branches), James A.
ARFiELD then being Chairman of the Committee of Appropriations.

Title or Act.

Military Academy. . .

Fortifications

Consular & Diplomatic

Navy

Post-Offlce

Pensions

Indian . .

Army

Legislative, Executive,

and Judicial

Sundry Civil

River and Harbor

Total

Fiscal Year.
1873.

Fiscal Year.
1874.

$326,10132

•2,037,000 00

1,219,659 00

18,296,733 95

28,519,341 84

30,480,000 00

6,349,462 04

28,683,615 32|

18,671,785 74!

20,148,413 90

5,588,000 00

Fiscal Year.
1876.

$160,320,113 11

$344,317 56
1,899,000 00
1,311,359 00
22.276.257 65
32.529,167 00
30,480,000 00
5,541,418 90
31,796,008 81;

17,120,496 60

32,186.129 09

6,102,900 00

Aggregate for
fiscal years '73,
'74, '75 and '76.

20,783,900 80

27,009,744 81

5,218,000 00

$181,587,054 61 $177,679,473 77 $172,600,205 53

$1,374,993 88
5,690,000 00
7,310,807 00
78,387,944 20
134,329,584 84
120.940,000 00
22,932,087 45
116,201,954 13

75,478,420 13

105,988,637 89

23,552,417 50

$692,186,847 02

APPROPRIATIONS FIRST SESSION FORTY-FOURTH CONGRESS.

History of the eleven Approjyr^iation Bilh for the support of the Oovernmentfor the fiscal year
ended June 30, 1877, passed at the first session of the Forty-fourth Congress.

Title of Bills.

{Estimates of
Departments.

Bills ;
the House.

Bills as passed TnwfnriST?
the Senate. 1-aw for 1877.

Militarj' Academy I $487,470 00

Fortifications ! 3,406,000 00

Consular and Diplomatic 1,352,485 00

Navy 20,871,666 40

Post-Offlce 37,939,805 99

Pensions 29,533,500 00

Indian 5,787,996 60

Army 33,348,740 50

Legislative, Executive and Judicial ' 20,836,307 00

Sundry CivU [ 32,560,475 29

River and Harbor 14,301,100 00

♦•>

Total .....'. [$200,425,545 78

$259,231

315,000

912,747

12,43-.>,855

33,739,109

29,533,500

3,979,602
28.179,819
12,998,815
14,857,326

5,872,850

$808,841 00
315,000 00

1,341,647 50
14,857,855 40
36,796,850 00
29,533,-500 00

4,958,361 27
27,715,877 20
16,635.338 00
19,956,496 99

5,000,000 00

$290,065 00
315,000 00

1,187,197 50
12,742,155 40
34,585,701 00
29,533,500 00

4,572,762 01
25,987,167 90
15,417,933 33
16,351,474 58

5,015,000 00

$143,080,856 68|$157,419,767 36

$145,997,956 72

516

APPROPRIATIONS AND EXPENDITURES.

APPROPRIATIONS SECOND SESSION FORTY-FOURTH CONGRESS.

History of the eleven Appropriation Bills for the support of the Oovemment for the fiscal year
ended June 30, 1878, passed at the second session qf the Forty-fourth Congress.

Title of Bills.

Estimates of ' Bills as passed Bills as passed j „ ,„ -^„ . q„q
Departments. the House. the Senate. ^^^ ^^^ ^^^*'-

Military Academy

Fortifications

Consular and Diplomatic

Navy

Post-office

Pension

Indian

Army

Legislative, Executive and Judicial. .

Sundry Civil

River and Harbor

Total

$395,080 00
2,828,000 00
1,245,997 00
19,430,012 69
36,723,432 43
28,533,000 00
5,342,890 12
31,896,915 90
18,192,431 68
26,974,105 82
13,220,100 00

$184,182,005 14

$265,
250.

1,137,
12,497,
32,221.
28,533:

4,439,
21,993!
14,523:
15,446:

,161 00

$299,505 00

,000 00

350,000 00

,085 00

1,138,097 50

,952 40

17,049,452 40

,618 00

34,993,590 00

,500 00

28,538,500 00

,499 12

5,154,935 69

,749 00

26,188,870 50

,935 50

16,311,986 89

,807 35

18,968,947 77!

$286,604 00

275,000 oa

1,138,374 50
13,541,024 40
33,584,143 00
28,5.33,000 00

4,829,865 69
25,612,500 00
15,450,345 30
17,133,750 Oft

$131,309,307 37 $148,988,885 75 1 $140,384,606 95

APPROPRIATIONS FIRST AND SECOND SESSIONS FORTY-PIP IH CONGRESS.

Histoi'y of the eleven Appropriation Bills for the support of the Oove^-nment fo^r the fiscal year
ending June 30, 1879, passed by the Forty-fifth Congress, first and second sessions.

Title of Bills.

Estimates of Bills as passed
Departments. the House

Bills as passed
the Senate.

Law for 1879.

$540,425

8.50,000

1,2]4,:397

16,233,2.34

36,427,771

29,500,000

5,415,891

Army j 31,597,270

Legislative, Executive and Judicial 16,205,572

Simdry Civil 24,939,186

River and Harbor 13,302,600

Military Academy

Fortifications

Consular and Diplomatic.

Navy

Post-Office

Pensions

Indian

$265,155 00

27.5,000 00 !

1,038,435 OOi
14.038,684 OOi
33,140,373 00!
29,371,574 OOI

4,769,475 70 j
24,913,787 18!
14,991,370 OOi
17,590,786 06

7,293,700 00

$348,621 46
275,000 00

1,120,635 00
14,249,528 70
33,996,373 00
29,406,574 00

4,721,475 70
25,937,986 Ul
15,598,184 00
27,851,891 54

8,346,000 00

Total $176,226,348 31 $147,687,739 94 1$ 161, 852,269 41 $157,213,933 77

$282,805 00
275,000 00

1,076,135 00
14,151,603 70
33,256,373 00
29,371,574 00

4,721,275 70
25,583,186 01
15,438,881 3a
24,750,100 06

8,307,000 00

APPROPRIATIONS THIRD SESSION FORTY-FIFTH CONGRESS.

History of the principal Appropriation Bills, 1879-80, passed at the third session of the Forty-
fifth Congress, and tJie first session of the Forty-sixth Congress.

Title.

Estimates.

%lf"e^ Pass'd Senate.

Law
for 1880.

$411,790 09

$316,647 33:

$322,347 33

$319,547 33

1,000,000 00

275,000 00

500,000 00

275,000 00

1,178,635 00

1,045,735 00

1,127,835 00

1,087,835 00

14,187,381 45

14,018,468 95

14,104,968 95

14,029,968 95

36,571,900 00

35,914,400 00

37,348,400 00

36,121,400 00

29,616,000 00

29,366,000 00

29,366,000 00

29,366,000 00

4,933,244 20

4,681,278 58

4,740,035 83

4,713,478 58

29,084,500 00

26,747,300 00

26,797,300 00

26,797,300 00

16,520,601 91

18,184,553 60

18,484,823 81

16,287,457 73

21,342,783 93

16,945,965 55

19,690,384 05

18,394,766 51

5,015,000 00

5,836,600 00

7,993,100 00

9,577,494 61

$159,861,836 58

$153,331,949 01 $160,475, 194 97

$156,970,248 71

Military Academy

Fortifications ,

Consular and Diplomatic

Navy

Post-Office

Pension

Indian

Army

Legislative, «fec

Sundry Civil .

River and Harbor

Total

DEMOCRATIC ECONOMY REPUBLICAN EXTRAVAGANCE.

517

FORTY-FOURTH AND FORTY-FIFTH CONGRESSES.

Aggregate of the 11 great Appropriations Bills passed by the Forty-fourth and
Forty-fifth Congresses (Democratic House of Representatives), appropriating for
the fiscal years ended June 30, 1877, 1878, 1879, and 1880, showing: 1st. Estimates
of the Departments; 2d. Bills as they passed the Democratic House; 3d. Bills
as increased by the Republican Senate ; 4Lh. Bills as finally enacted.

Title of Act.

Military Academy

Fortifications

Consular and Diplomatic

Navy

Post-Offlce

Pensions :

Indian

Army

Legislative, Executive «fc Judicial

Sundry Civil...

River and Harbor

1877, 1877, 1879,

1880.

Estimates of the

Departments.

$1,784.
7,484,
4,991,

70,722,
147.662,
117,182,

21,480,
125,937,

71,754.
105,816;

45,838,

765 00'
000 00;
505 00
294 94,
909 42;
500 OOi
030 12
4.35 08'
913 00'
581 16
800 OOi

Total $720,655,7:33 72|

2

1877, 1878, 1879,

1880.

Bills as passed

the House.

$1,106,194 33

1,115,000 00

4,134,002 50

52,987,960 75

135,015,500 00

116,804,574 00

17,869,855 51

96,834,655 70

60,698,674 71

64,840,285 50

19,003,150 00

$570,409,853 00

3

1877, 1878, 1879,

1880.

Bills as passed

the Senate.

$1,279,314 79

1,440,000 00

4,728,215 00

60,264,805 45

143,135,213 00

116,839,594 00

18,863,932 23

106,640,033 71

67,030,332 70

86,467,720 35

21,279,100 00

Laws for
1877, 1878, 1879,

$1,179,021 33

1,140,000 00

4,489,542 00

54,464,752 45

137,547,617 00

116,804,074 00

18,837,381 98

103,980,153 91

62,594,617 66

76,630,091 21

22,899,494 61

$627,968,261 23 $600,566,746 15

DEMOCRATIC HOUSE REDUCTIONS.

Aggregate of Reductions in the 11 great appropriations for the support of the
government for the fiscal years 1877, 1878, 1879 and 1880 (passed by a Democratic
House), showing :

1st, Reductions made in bills as originally passed the House of Representatives
under the amounts estimated for by the Departments ; 2d, The amounts added
by the Republican Senate ; 3d, Reductions under amounts appropriated for the
years 1873, 1874, 1875 and 1876, Congress then being Republican in both branches.

Title of Act.

Ifilltary Academy

Fortifications

•Consular and Diplomatic

Navy

Post-Oflice

Pensions

Indian

Army

Legislative, Executive and Judicial.

Sundry Civil

River and Harbor

Reductions made by
the House under
the Amount Esti-
mated for by the
Departments.

$678,570 67

6,369,000 00

857,502 50

17,734,334 19

12,647,409 42

377,926 00

3,610,174 61

29,102,779 38

11,056,238 29

40,976,295 66

26,835.650 00

Amounts added to
the House Bills by
the Senate.

$173,120 46

325,000 00

594,212 50

7,276,844 70

8,119,713 00

35,020 00

994,076 72

9,805,378 01

6,331,657 99

21,627,434 85

2.275,950 00

House Reductions
for four years ;
1877, 1878, 1879
and 1880. Under
four years ; 1873,
1874, 1875 and 1876

$268,799 55

4,575,000 00

3,176,804 50

25,399,983 45

4,135,426 00
5,062,231 94
19,367,298 43
14,779,745 43
41,148,352 39
4,549,267 50

$150,245,880 72

$57,558,408 23

$122,462,909 18
*685,915 16

$121,776,994 03

DEMOCRATIC LAW REDUCTIONS.

For the 44th and 45th Congress (Republican Senate and Democratic House of
Representatives), in the appropriations for the fiscal years ended June 30, 1877,
1878, 1879 and 1880.

1. — Under the amounts estimated for by the Republican administration.

518

APPROPRIATIONS AND EXPENDITURES.

2.— Increased amounts added by the Republican Senate to the bills as they^
passed the Democratic House.

3.— Actual reductions in the laws for 1877, 1878, 1879 and 1880 under laws
for 1873, 1874, 1875 and 1876.

Title of Acts.

Military Academy

Fortifications

Consular and Diplomatic

Navy

Post-Office.,

Pension '.

Indian

Anny

Legls., Ex. and Judicial. .

Sundry Civil

River and Harbor

1.

Reduction under
the amounts

estimated for by

the Deparments,
for the fiscal

years ended June
30, 1877, 1878,
1879 and 1880

$605,743 67

6,344,000 03

501,963 00

16,257,542 49

10,115,292 42

378,426 00

2,642,648 14
21,957,281 17

9,160,295 34
29,186,489 95

2.

Increased
amount secured

by action of
the Senate over
bills as passed
by the House
for fiscal years
ended June 30,
1877, 1878, 1879
and 1880.

$72,827 00
25,000 00

355,539 50
1,476,791 70
2,532,117 00

967,526 46
7,145,498 21
1,895,942 95
11,789,805 71
3,896,344 61

$120,088,987 57

$30,157,393 15
Less increase.

Net Reduction .

3.

Reductions in

lavi^s for
1877, 1878, 1879
and 1880, under

laws for

1873, 1874, 1875

and 1876.

$195,
4,550,1

,972 55
,000 00
,265 00
23,923,191 75

4,135,

4,094,

12.221,

12,883,

29,358,

652,

926 00
705 47
800 22

802 47
546 68
922 89

$94,838,133 03
3,218,032 16

$91,620,100 87

Increase.

$3,218,032 16

$3,218,032 16

*$500. 00 decrease.

DEMOCRATIC ECONOMY REPUBLICAN EXTRAVAGANCE 51

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522

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Net Ordinary
Expenditures.

$1,587,444,468 21
3,569,808,648 46
2,249,855,001 34

s

00

Pensions.

$80,738,327 06

38,879;066 82

370,846,767 25

CO

5

Net Ordinary

Expenditures

without

Pensions.

$1,506,706,141 15
3,530,929,581 64
1,879,008,234 09

88
1

CO

00

§

$487,845,595 23
156,477,728 62
816,284,147 41

^
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$86,904,164 35
16,518,333 68
77,790,580 10

CO

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357,587,640 38
281,641,482 67

1

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$571,914,213 39

3,000,345,878 96

703,292,023 91

CO

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DEMOCRATIC ECONOMY REPUBLICAN EXTRAVAGANCE.

523

CIVIL LIST AND NET ORDINARY EXPENDITURES OP THE UNITED STATES GOV-
ERNMENT, BY PERIODS OF FOUR YEARS, AND ADMINISTRATIONS FROM THE
ORGANIZATION OF THE GOVERNMENT.

Administbatiok.

Dates.

Civil. List.

Net Ordinary
Expenditures.

1 Washington .. »

2 Washington . . . .

1789 to Dec. 31, 1792
4 years, Dec. 31, 1796
4 years, Dec. 31, 1800
4 years, Dec. 31, 1804
4 year?, Pec, 31, 1808
4 years, Dec. 31. 1812
4 years, Dec. 31, 1816
4years, Dec. 31, 1820
4years, Dec. 31, 1824
4 years, Dec. 31, 1828
4 years, Dec. 31, 1832
4 years, Dec. 31, 1836

$1,138,052 03
1,607,969 07
2,329,433 08
2,297,648 17
2,616,772 77
2,887,197 98
3.768,342 61
4,494,606 42
4,665,602 11
5,271,124 34
6,081,307 73
7.6.59.086 86

$3,797,493 20
12,093,205 35

3 Adams

21,348,351 19

4 Jefferson

17,174,432 96

5 Jefferson

25,926,355 72

6 Madison .

36,117,357 98

7 Madison

108,537,086 89

8 Munroe

57,698.087 71
45,665,421 88

10 J. O. Adams

11 Jackson

12 Jackson . ...

50,501,913 31
56,270,480 62
89,522,286 68

13 Van Buren

4 years, Dec. 31, 1840 9;899.496 58

121,729,801 16

14 Harrison .

4 years, June 30, 1845
4 years, June 30, 1849
4 years, Jime 30, 1853
4 years, June 30, 1857
4 years, June 30, 1861
4 years, June 30, 1865
4 years, June 30, 1869
4 years, June 30, 1873
4 years, June 30, 1877

11,508,546 86
10,615,571 14
14,214,458 90
25,036,171 74
25,180,671 32
30,765,508 71
66,412,391 61
69,989,774 16
69,813,353 23

104,360,163 10

15 Polk

165.381,026 34

16 Taylor

17 Pierce

18 Buchanan

165,684,050 48
232,820,632 35
261,165,809 62

19 Lincoln

3,176,017,346 93

20 Johnson

1.012,420,202 14

21 Grant

656,066,892 39

22 Grant

684,716,609 91

For one year ending June 30,
Hayes

1878:

15,450,345 30
15,430,781 30
16,287,457 73

153,608,681 28

June 30, 1879
June 30, 1880

163,406,493 27
161,360,037 17

ARMY, NAVY AND PENSION APPROPRIATIONS.

It is not infrequently the case that the charge is made by Republicans in Con-
gress and by the Republican press that the Democracy are not disposed to make
liberal appropriations for the army and navy and for the pensions of soldiers. As
facts and figures are more convincing than argument and expostulation, we sub-
mit the following table carefully prepared from the statutes :

APPROPRIATIONS ON ACCOUNT OP THE ARMY, NAVY AND PENSIONS FOR THE
TEN FISCAL YEARS COMMENCING 1871 AND ENDING 1880.

Years.

Army.

Navy.

Total Army
and Navy.

Pensions.

Total each
Year.

1871

$29,321,367 22

ftl9.2.'in.290 2Q ft4ft..571.fi.*»7 .'il

ft30.000.000 00

$78,571,657 51

1872

27,719,580 00 | 19,832,317 25 47,551,897 25 ! 29,050,000 00
28,683,615 32 i 18,296,733 95 1 46,980,349 27 ; 30,480,000 00
31,796,008 81 22,276,2^7 65 54,072,266 46 30,480,000 00
27,788,500 0'1 { 20,813,946 20 \ 48,602,446 20 29,{'80,000 00
27,933,830 00 j 17.001 .OOfi 40 1 44.9.^4.8:^6 40 30.000.000 00

76,601,897 25

1873

77,460,349 27

1874

84,552,266 46

1875

78,582,446 20

1876

74,934,836 40

1877 t...

1878

1879

1880

Deficiencies....

25,987,167 90
25,612,500 00
25,593,486 01
26,788,300 00
15,675,447 00

12,742,155 40
13,541,024 40
14,152,603 70
14,029,968 95
7,630,160 00

38,729,323 30
39,153,524 40
39,746,089 71
40,818,268 95
23,305,607 00

29,533,500 00
28,533,000 00
29,371,574 00
56,233,200 00
9,930,000 00

68,262,823 30
67,686,524 40
69,117,663 71
97,051,468 95
33,235,607 00

Grand Totals...

$292,899,802 26

$179,566,464 19

$472,466,266 45

$333,591,274 00

$806,057,540 45

Estimating the average population of the country for the past ten years at
44,807,000, a liberal estimate, the per capita cost of the army during that period
has been $6.53, of the Navy $4.01, and of pensions $7.44, or $17.98 for the three
combined, which is equal to a per annum cost per capita of $1.79.

524 PATRONAGE OF THE UNITED STATES GOVERNMENT.

PATRONAGE OF THE UNITED STATES
GOYEMMENT.

[From the Express Almanac.']

It will be seen from the following table that the Navy Department contains a
list of only one hundred and twenty-eight civilians in its employ. It is diflficult
to account for this glaring omission, but by accepting the statement of a politi-
cian who remarked that (politically) a late Secretary of the Navy ' * knew how to
run his department. " A careful estimate of the number of civil employees in
this department, shows that in times of peace, which means that portion of the
year in which elections do not occur, it does not vary much from 10,500.

In the table of Post-Offlce Department, page 30, the total number of employees,
as recorded in tlie "Official Register," is 62,672. This is probably only about
two-thirds of the number of persons (contractors excepted) who are employed,
directly and indirectly, in this branch of the government service. In giving its
list of employees, this department only records those which it directly pays, and
has no definite knowledge of the deputy clerks, which are generally hired by
postmasters. It has been estimated by some ofl9icers in the Postmaster-General's
oflSce that the number of deputy clerks in post-offices are equal to the number of
postmasters, or an average of one to each post-office in the country. As the
number of postmastel-s at the close of the present fiscal year was 40,855, this
would swell the patronage of the Post-office Department to the enormous figures
of 100,000 employees. But, casting this estimate aside, the number officially
known to the department, as recorded in table on page 30 of Official Register,
is 766,500.

In the Treasury Department, the tables on page 29, are short over three thou-
sand names, as compared to the number which were employed at the end of the
present fiscal year. ^

In the Judiciary Department, the " Register " contains the record of only six-
ty-five United States marshals, and not one supervisor of elections. A careful
estimate shows that there are, altogether, fully 2,500 deputy marshals and clerks
in marshals' offices. It is also not an overestimate to say that in times of Con-
gressional elections there are about six thousand United States supervisors. In
addition to all these, there are some five thousand men employed in the different
international improvements prosecuted by the government. Taking all these
facts, we have the following as the total of the patronage of the national admin-
istration :

PUBLIC DEBT PRINCIPAL AND INTEREST. 525

Number of Employees recorded in ''Register " 74,431

Deficiency as to Naval Department 10,500

Deficiency as to Post-OflSce Department 6,500

Deficiency as to Treasury Department _ 3,000

Deficiency as to Deputy Marshals and Clerks _ 2,500

Deficiency as to Supervisors of Election 6,000

Deficiency as to Employees on Internal Improvements 5,000

Total-. 107,931

miEREST ON THE PUBLIC DEBT.

The interest paid on the public debt for the fiscal years from 1873 to 1879 in-
clusive, is, according to the oflBcial report of the Secretary of the Treasury, as fol-
lows :

1873 _ $104,750,688 44

1874 107,119,815 21

1875 103,093,544 77

1876 100,243,271 23

1877... 97,124,511 58

1878- 102,500,874 05

1879 - - 105,327,949 00

PRINCIPAL OF THE PUBLIC DEBT.

In the oflUcial report of the Secretary of the Treasury is the following statement
of outstanding principal of the public debt on July 1st, from 1869 to 1879, in-
clusive :

1869 $2,588,452,213 94

1870 2,480,672,427 81

1871 -- 2,353,211,332 32

1872 -- - 2,253,251,328 78

1873 .--. 2,234,482,993 20

1874- -.-- - -. 2,251,690,468 43

1875 2,232,284,531 95

1876 - - 2,180,395,067 15

1877--. - - 2,205,301,392 10

1878 2,256,205,892 53

1879 - - 2,349,567,482 04

526

TERRITOKY OF THE UNITED STATES GOVERNMENT.

THE TERRITORY OF THE UNITED STATES, SHOWING ITS ORIGINAL EXTENT;
HOW, WHEN, AND UNDER WHAT ADMINISTRATION IT HAS BEEN IN-
CREASED; ALSO AREA OF THE STATES AND TERRITORIES BY SQUARE
MILES AND ACRES.

{Taken from the 9th official census.)

State

or

Territory.

Treaty of 1783.

Original Territory

of U. S.

1 .1

'53 .£3
•3 EH

3 ^

1 i

fi

%0
ill

11

III

ri

1 «
< <

Total
Square
mies.

Total
Acres.

48,422

2,300

■ 82,381

31*535

50,722

.^2462. ofin

113,9161 72,906,240
52,198i 33,406,720

577,390 369,529,600

188,981 i 120,947,840

104,500 66,880,000
4,750 3,040,000

150,932 i 96,596,480
2,120 1,356,800
64 40,960
59,268 37,931,520
58,000 37,120,000
86,294 55,228,160
55,410' 35,462,400
33,809i 21,637,760
68,991 44,154,240
55,045 35,228,800
81,318 52,043,520
37,680 24,115,200
41,346 26,461,440
35,000 22,400,000
11,124 7,119,360
7,800 4,992,000
56,451 36,128,640
a3,531 53,459,840
47,156 .30,179,840
65,350 41,824,000

143,776 92,016,640
75,995 48,636,800

104,125 66,640,000
9,280 5,939,200
8,320 5,324,800

121,201 77,568,640
47,000 30,080,000
50,704 32,450,560
39,964 25,576,960
95,274 60,975,360

52,198

Alaska

577,396

188,981
47,500

Colorado

57,000

4,750

Dakota

150,932

Delaware

2,120
64

District of Columbia.

Florida

59,368

58,000

Idaho ....

86,294

Illinois

55,4i0
33,809

Indian Territory ....

68,991
55,045
73,542

Kansas

7,776

37,680

37,602

3,744

Maine

35,666
11,124
7,800
56,451
26,000
43,556

Massachusetts

Michigan

57,531

65,350
143,776
75,995

Mississippi

3,600

Missouri

'

Montana

Nebraska

104,125

New Hampshire

9,280
8,320

•

New Mexico

107,201

14,000

New York

47,000
50,704
39,964

North Carolina

Ohio

Oregon

95,274

Pennsylvania

Rhode Island

46,000

1,306

34,000

45,600

46,000 29,440,000
1,306 835,840

South Carolina

34,000 21,760,000
45,600 29,184,000
274,356 175,587,840
84,476 54,064,640
10,212 6,535,680

Tennessee

f

Texas

274,356

Utah

84,476

10,212
38,348

Virginia

Washington Territory

38,348 24,542,720
69,994 44,796,160
23,000 14,720,000

69,994

West Virginia 1 ^.000

Wisconsin

53,924

53,924 34,511,360

Wyoming Territory. .

88,563

14,320

97,883 62,645,120

827,844

1,173,087

68,912

274,356

636,760

45,535

577,390

3,603,884 2,306,485,760

TERRITORY OF THE UNITED STATES GOVERNMENT.

527

RECAPITULATION.

From whom acquired.

Original territory.

France

Spain

Texas

Mexico

Do

Russia

How Acquired.

President.

ISq^MUes. >'•«*' A^'-^S-

Treaty, 1783

Treaty, 1803

Treaty, 1819

Joint Resolution, 1845. . .

Treaty, 1848

Treaty, 1853

Alaska, 1868 (purchased).

820,160
775,680
,103,680
587,840
,526,400
,142,400
,529,600

Total 3,603,884 2,306,485,760

827,844 529

Thomas Jefferson ' 1,173,087 750.

James Monroe 68,912 44,

John Tyler 274.356 175:

James K. Polk 636,760 407

Franklin Pierce 45,535 29

Andrew Johnson 577,390 369

Total Original Treaty '. 827,844 sq. miles 529,820,160 acres.

Acquired by A. Johnson's administration 577,390 " 369,529,600 "

Acquired by Democrats 2,198,650 " 1,407,136,000 "

Total 3,603,884 sq. mUes 2,306,485,760 acres.

The Area acquired by the Bemoa'ats is located asfdloios:

States.

Sq. Miles.

Acres.

Sq. Miles.

Acres.

Alabama (part of) . . .

2,300

1,472,000

52,198
188,981
104.500
59,268
55,045
81,318
41,346

33,406,720
120 947 840

California (all)

Colorado (all)

. 66,880,000

Florida (all)

37,931,520

Iowa (all)

35,228,800

Kansas (all)

52,043,520

Louisiana (all)

26,461,440

Minnesota (part of)

57,531
3,600

36,819,840
2,304,000

Mississippi (part of)

65,350
75.995

104,125
95,274

274,356

41,824.000

Nebraska (all) .

48,636,800
66,640,000

Nevada (all)

Oregon (all) . . . .

60,975,360

Texas (all)

175,587,840

Total

63,431

40,595,840

1,197,756

766,563,840

The above is exclusive of the territorieSj and includes all of seven Northern and five Southern
and Western states, having in 1870 a population of 6,426,608. In addition, the following territories
were acquired by the Democrats :

Names.

No. Square

Miles.

Arizona 113,916

Dakota 150,932

Idaho 86,294

Indian territory 68,991

Montana 143,776

New Mexico I 121,201

Utah : 84,476

Washington territory 69,994

Wyoming ; 97,883

Total ! 937,463

I

No. Acres. J ^^Pj^^^^^.^^^

72,906,240
96,596,480
55,228,160
44,154,240
92,016,640
77,568,640
54,064,640
44,796,160
62,645,120

599,976,320

41,710
40,501
20,583
68,152
39,895
111,303
99,581
37,432
11,518

470,675

Thus making the total population in 1870 in the states and territories wholly acquired (ex-
clusive of parts of states acquired) by the Democrats aggregate 6,897,283, or double the popula-
tion of the original thirteen states at the time they achieved their independence.

The total territory acquired by the Democrats exceeds the original area of the United States by
1,370,806 square miles, or 877,315,840 acres.

This is an increase of more than one hundred and sixty-five per cent. A very large portion of
this magnificent territory acquired by Democratic policy has been squandered by the Republicans
on favored corporations.

528

SQUANDERING THE PUBLIC DOMAIN.

SQUANDERING THE PUBLIC DOMAIN.

How the public domain has been squandered on greedy corporations, to the
great injury of settlers, will be seen upon examination of the following official
table prepared in the Interior Department :

Schedule of Land Grants to Corporations and Monopolies since tJie Republican Party

Tiazie been in power.

State.

Wisconsin

1866

Michigan

1865

Michigan

1866

Michigan

1866

Alabama

1871

Alabama

1869

Louisiana

1871

Arkansas

1866

Arkansas

1866

Arkansas

1866

Arkansas

1866

Missonri

1866

Missouri

1866

Iowa

1866

Iowa

1864

Iowa

1864

Iowa

1864

Iowa

1864

Iowa

1864

Michigan

1886

Michigan

1865

Michigan

1864

Michigan

1865

Michigan

1865

Michigan

1862

Michigan

1865

Wisconsin

1864

Wisconsin

1864

Wisconsin

1864

Wisconsin

1862

Wisconsin

1864

Minnesota

1865

Minnesota

1865

Minnesota

1865

Minnesota

1865

Minnesota

1864

Minnesota

1864-'66

Minnesota

1866

Minnesota

1866

Kansas

1863

Kansas

1864

Kansas

1864

Kansas

. 1866

Kansas

1866

Kansas

1866

California

1866

California

1867

California

1866

Oregon

1870

Oregon

1866

1862-70

1864-70

1866

18T1

,

1862-'64

1871

1862-'71

Corporation.

Breakwater and Ship Canal

Portage Lake Ship Canal

Portage Lake Ship Canal

La Belle Ship Canal

S. Alabama Railroad

Alabama and Chattanooga Railroad

New Orleans, Baton Rouge and Vicksburg Railroad.

Cairo and Fulton

Memphis and Little Rock

Little Rock and Fort Smith

Iron Mountain Railroad

Cairo and Fulton Railroad . . .

Saint Louis and Iron Mountain

Burlington and Missouri River

Chicago and Rock Island Railroad

Cedar Rapids and Missouri River

McGregor and Missouri River

Sioux City and Saint Paul

Sioux City and Pacific

Jackson, Lansing, and Michigan (re-grant)

Flint and Pere Marquette

Grand Rapids and Indiana »

Bay de Noquet and Marquette .

Marquette and Ontonagon

Chicago and Northwestern

Chicago and Northwestern

West Wisconsin

Saint Croix and Lake Superior

Bayfield Branch

Chicago and Northwestern (re-grant)

Portage and Superior

Saint Paul and Pacific

Saint Paul and Pacific Branch

Minnesota Central

Winona and Saint Peter

Saint Paul and Sioux City

Lake Superior and Mississippi

Minnesota Southern

Hastings and Dakota

Leavenworth, Lawrence, and Galveston

Atchison, Topeka, and Santa Fe

Union Pacific, Southern Branch

Saint Joseph and Denver

Fort Scott and Gulf

Southern Branch Union Pacific

Placerville and Sacramento

Central Pacific, Oregon Branch

Stockton and Copperopolis

Oregon and California

Oregon Central

Union Pacific, Central Pacific, and Kansas Pacific.

Northern Pacific Railroad

Atlantic and Pacific Railroad

Southern Pacific Railroad.

Central Pacific Railroad

Texas Pacific Railroad

Wagon Roads, chiefly in Northwest ,

Total acres not reserved for free homes.

TotAl ni:mber of acres b^etowed in land grants.

SQUANDERING THE PUBLIC DOMAIN.

529

Maine 35,000

New Hampshire 9,300

Vermont 10,200

Maspachiisetts 7,800

Rhode Island... 1,300

AREAS IN SQUARE MILES.

Connecticut 4,700

NewYork 47,000

New Jersey 8,000

Pennsylvania 46,000

Delaware 2,100

Maryland 11,000

Ohio 40,000

Indiana 33,800

Total... 256,200

Republican land grants, 294,758 square miles.
Valuation per acre, average, $2.50.
Total valuation, $736,895,000.

34

5.S0

LOANING THE PUBLIC CREDIT TO CORPORATIONS.

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SOMe OF GENERAL IIA.NCOCK S ORDERS. 6M

'C!

SOME OF GENERAL HA](COCK'S ORDERS

WHILE IN COMMAND OF THE FIFTH MILITARY DISTRICT,

AGAINST REMOVAL OF CIVIL OFFICERS BY MILITARY-PROHIBITING MILITARY
INTERFERENCE IN SELECTION OF JURORS — SUSTAINING JURISDICTION OF
CIVIL COURTS — PROHIBITING MILITARY AT THE POLLS -AGAINST STAY OF
CIVIL PROCESS— AGAINST MILITARY COMMISSIONS— ON ELECTIONS— DISCLAIM-
ING JUDICIAL FUNCTIONS — DECLINES TO EXERCISE RIGHT OP EMINENT DO-
MAIN-REVOKING ORDERS INTERFERING WITH REGISTRATION-CONCERNING
TAXATION-LETTER AGAINST USURPATION OF FREEDMEN'S BUREAU.

The object of the following pages is to direct the attention of those whom, for
political or other reasons, it may concern, to the services of General Hancock in
maintaining the civil rights of citizens. The celebrated order No. 40 and also
General Hancock's letter to Gov. Pease have been produced in the Life of the
Genera], which will be found in another part of this book. The object here is to
present a few from a large number of General Hancock's orders and letters,
which exhibit his exalted statesmanship on all the questions of importance upon
which he was called upon to act in his civil career in Louisiana and Texas. The
documents selected are but a few out of a mass of similar material. But they will
be sutiicient to illustrate the principles upon which his administration of public
affairs was conducted.

ORDER OF GENERAL HANCOCK REVOKING A SUMMARY REMOVAL
FROM OFFICE, MADE BY HIS PREDECESSOR, AND REFERRING
THE COMPLAINT TO THE JUDICIAL TRIBUNALS.

Headquarters Fifth Military District, )
New Orleans, La., December 4, 1867. j"
Special Orders No. 202.

[extract.]
« » * * *•« * * * *

2. Paragraph 3, of special orders No. 188, from these headquarters, dated No-
vember 16th, 1867, issued by Brevet Major-General Mower, removing P. R.
O'Rourke, Clerk of Second District Court, Parish of Orleans, for malfeasance in
office, and appointing R. L. Shelly in his stead, is hereby revoked, and P. R.
O'Rourke is reinstated in said office.
If any charges are set up against the said O'Rourke, the judicial department of

532 SOME OF GENERAL HANCOCK's ORDERS.

the government is sufficient to take whatever action may be necessary in the
premises.

**********

By command of Major-General Hancock.
[Official.]

ORDER OF GENERAL HANCOCK REVOKING THE ORDER OF HIS
PREDECESSOR WHICH INTERFERED WITH THE SELECTION
OF JURORS, AND DEFINING THE TRUE AND PROPER USE OF
MILITARY POWER.

Headquarters Fifth Military District, )
New Orleans, La., December 5, 1867. f

Special Orders No. 203.

[extract.]

2. The true and proper use of military power, besides defending the national
honor against foreign nations, is to uphold the laws and civil government, and to
secure to every person residing among us, the enjoyment of life, liberty and
property. It is accordingly made, by act of Congress, the duty of the commander
of this district to protect all persons in those rights, to suppress disorder and
violence, and to punish, or cause to be punished, all disturbers of the public peace
and criminals.

The Commanding General has been officially informed that the administration
of justice, and especially of criminal justice, in the courts, is clogged, if not
entirely frustrated, by the enforcement of paragraph No. 2, of the military order
numbered special orders 125, current series, from these headquarters, issued on
the 24tli of August, A. D. 1867, relative to the qualifications of persons to be
placed on the jury lists of the state of Louisiana.

To determine who shall, and who shall not be jurors, appertains to the legis-
lative power ; and until the laws in existence regulating this subject shall be
amended or changed by that department of the civil government, which the con-
stitutions of all the states under our republican system vest with that power, it
is deemed best to carry out the will of the people as expressed in the last legis-
lative act upon this subject.

The qualification of a juror, under the law, is a proper subject for the decision
of the courts. The Commanding General, in the discharge of the trust reposed
in him, will maintain the just power of the judiciary, and is unwilling to permit
the civil authorities and laws to be embarrassed by military interference ; and as
it is an established fact that the administration of justice in the ordinary tribunals
is greatly embarrassed by the operations of paragraph No. 2, special orders No.
125, current series, from these headquarters, it is ordered that said paragraph,
which relates to the qualificai ions of persons to be placed on the jury lists of the
state of Louisiana, be, and the same is hereby revoked, and that the trial by jury
be henceforth regulated and controlled by the constitution and civil laws, with-
out regard to any military orders heretofore issued from these headquarters.
* * ** * * * * * *

By command of Major-General Hancock.
[Official.]

SOME OF GENERAL HANCOCk's ORDERS. 538

ORDER SUSTAINING THE JURISDICTION OF THE CIVIL COURTS
OVER THE RIGHTS OF PRIVATE PROPERTY.

Headquarters Fifth Military District, )
New Orleans, La., December 16, 1867. ' j"
Special Orders No. 211.

extract.
**********

4. Paragraph 3, of special orders No. 197, current series, from these headquar-
ters, issued by Brevet Major-General J. A. Mower, in the matter of the estate of
D. B. Staats, is hereby revoked, the local tribunals possessing ample power for
the protection of all parties concerned. The property in dispute will be restored
to the possession of the party entitled to the same by order of court.

* * ** * * * * * *

By command of Major-General Hancock.
[Official.]

ORDER TO SECURE THE PURITY OF ELECTIONS, AND TO PRE-
VENT MILITARY INTERFERENCE AT THE POLLS.

Headquarters Fifth Military District, )

New Orleans, La., December 18, 1867
Special Orders No. 313.

extract.
I. In compliance with the supplementary act of Congress of March 23d, 1867,
notice is hereby given that an election will be held in the state of Texas on the
10th, 11th, 12th, 13th and 14th days of February, 1868, to determine whether a
convention shall be held, and for delegates thereto, " to form a constitution " for
the state under said act.

**********

IX. Military interference with elections, "unless it shall be necessary to keep
the peace at the polls," is prohibited by law, and no soldiers will be allowed to
appear at any polling place, unless as citizens of the state they are registered as
voters, and then only for the purpose of voting ; but the commanders of posts
will be prepared to act promptly if the civil authorities fail to preserve the peace.

X. The sheriff and other peace officers of each county are required to be pres-
ent during the whole time the polls are kept open, and until the election is com-
pleted, and will be made responsible that there shall be no interference with
judges of election, or other interruption of good order.

As an additional measure to secure the purity of the election, each registrar or
clerk is hereby clothed, during the election, with authority to call upon the civil
officers of the county to make arrests, and in case of failure of the aforesaid civil
officers, are empowered to perform their duties during the election. They will
make full report of such failures on the part of civil officers to the Commanding
General, Fifth Military District, through the headquarters. District of Texas, for
orders in each case.

*********«.

By command of Major-General Hancock.
[Official].

,i

534 SOME OF GENERAL HANCOCK's ORDERS.

ON THE STAY OF CIVIL PROCESS.

Headquarters Fifth Military District,
Office op Secretary for Civil Affairs.

New Orleans, La., December 20, 1876.

The Hon. E. Heath, Mayor of New Orleans :

Sir:— In answer to your communication of the 30th ult., requesting his inter-
vention in staying proceedings in suits against the city on its notes, the Major-
General Commanding directs me to respectfully submit his views to you on that
subject, as follows:

Such a proceeding on his part would, in fact, be a stay-law in favor of the
city of New Orleans, which, under the Constitution, could not be enacted by the
legislature of the state, and in his judgment such a power ought to be exercised
by him, if at all, only in a case of the most urgent necessity.

That the notes referred to were issued originally in violation of the charter of
the city, cannot be denied ; but the illegal act has since been ratified by the legis-
lature. The corporation is therefore bound to pay them ; and. even if a defense
could be made on technical grounds, it would be disgraceful for the city to avail
itself of it. Why, then, should the creditors of the city be prevented from resort-
ing to the means given them to enforce the obligation ?

In support of your application you state that the city is unable to pay its debts.
This is unf ortuately the case with most debtors ; and on that ground nearly all
other debtors would be equally entitled to the same relief.

The Supreme Court of this state has decided that taxes due a municipal corpo-
ration cannot be seized, under execution, by a creditor of the corporation, nor is
any other property used for municipal purposes liable to seizure. If, therefore, a.
constable levies an execution on such property, he is a trespasser, and the city
has its remedy against him in the proper tribunal.

It does not, therefore, seem to the Major-General Commanding that there is an
urgent necessity which would justify his interference in the manner required. Be-
sides, the expediency of such a measure is more than questionable ; for, instead of
reinstating the confidence of the public in city notes, it would probably destroy it
altogether.

I am, sir, very respectfully, your obedient servant,

W. G. MITCHELL,
Bvt. Lieut. -Col., U. S. A., Sec'y for Civil Affairs.

ON THE TRIAL OP OFFENDERS AGAINST THE LAWS OF THE

STATE.

Headquarters Fifth Military District,
Office of Secretary for Civil Affairs,
New Orleans, La., December 28, 1876,

}

His Excellency E. M. Pease. Governor of Texas :

Sir : Brevet Major-General J. J. Reynolds, commanding District of Texas, in a
communication dated Austin, Texas, November 19, 1867, requests that a military
commission may be ordered "for the trial of one G. W. Wall, and such other
prisoners as may be brought before it," and forwards, in support of the request,
the following papers :

1st. A printed account taken from a newspaper dated Uvalde, October ,

1867 (contained in a letter of James H. Taylor, and in another from Dr. Ansell,
U. S. Surgeon at Fort Inge), of the murder of R. W. Black, on the day of

SOME OF GE>JERAL HANCOClv's OKDERS. • 535

October, 1867. In this account it is stated Mr. Black was shot through the heart
by G! W. Wall "while lying on the counter at Mr. Thomas' store."

2d. A letter of Judge G. H. Noonan to Governor Pease, dated November 1(^
1867, informing him that "Wall, Thacker and PuUiam are in confinement m
Uvalde county for murder. " In this letter it is asked, ' ' Would it not be best to
try them by military commission?"

3d. A letter from Governor Pease, dated " Executive of Texas, Austin, Novenv
ber 11, 1867," in which the governor states that he received a telegram from
Judge G. H. Noonan, an extract from which I transmit herewith. In the lettei;
of the governor the further statement is made that ' ' Uvalde county, where tha
prisoners are confined, is on the extreme western frontier of the state, and
has only about one hundred voters in a territory of about nine hundred
square miles;" and he then adds, "It is not probable that they (meaning
the prisoners) can be kept in confinement long enough ever to be tried h^
the civil courts of that county ; and express the opinion that they never "can be
brought to trial unless it is done before a military commission. " And he there-
fore asks that a military commission be ordered for their trial.

From an examination of the papers submitted to the commander of the Fifths
Military District, it does not appear that there is any indisposition or unwilling-
ness on the part of the local civil tribunals to take jurisdiction of and to try the
prisoners in question ; and a suggestion made by the governor that it is not prob-
able that the prisoners can be kept in confinement long enough to be tried by the
civil courts (and which is apparently based on the fact that Uvalde county is a
frontier county, and does not contain more than a hundred voters), seems to be the
only foundation on which the request for the creation of a military commission is
based. This, in the opinion of the Commanding General, is not suflScient to justify
him in the exercise of the extraordinary power vested in him by law "to organize
military commissions or tribunals " for the trial of persons charged with offenses
against the laws of a state.

It is true that the third section of "An Act to provide for the more
efficient government of the Rebiel States," makes it the duty of the
commanders of military districts "to punish, or caused to be pua-
ished, all disturbers of the public peace and criminals ; " but the
same section also declares that " to that end he may allow local civil tribunals to,
take jurisdiction of and to try offenders." The further power given to him in
the same section, " when in his judgment it may be necessary for the trial of of-
fenders," to organize military commissions for that purpose, is an extraordinary
power, and from its very nature should be exercised for the trial of offender*
against the laws of a state only in the extraordinary event that the local civil tri-
bunals are unwilling or unable to enforce the law^s against crime.

At this time the country is in a state of profound peace. The state government
of Texas, organized in subordination to the authority of the government of the
United States, is in the full exercise of all its proper powers. The courts, dul^^
empowered to administer the laws, and to punish all offenders against those lawsj
are in existence. No unwillingness on the part of these courts is suggested to in-'
quire into the offenses with which the prisoners in question are charged, nor are
any obstructions whatever in the way of enforcing the laws against them said to
exist. Under such circumstances there is no good ground for the exercise of the
extraordinary power vested in the commander to organize a military commission
for the trial of the persons named.

It must be a matter of profound regret to all who value constitutional govern-

536 SOME OF GENERAL HANCOCIv's ORDERS.

ment, that there should be occasions in times of civil commotion, when the public
good imperatively requires the intervention of the military power for the repres-
sion of disorders in the body politic, and for the punishment of offenses against
the existing laws of a country framed for the preservation of social order ; but
that the intervention of this power sh'ould be called for, or even suggested, by
civil magistrates, when the laws are no longer silent and civil magistrates are
possessed, in their respective spheres, of all the powers necessary to give effect
to the laws, excites the surprise of the commander of the Fifth Military
District.

In his view it is of evil example, and full of danger to the cause of freedom and
good government, that the exercise of the military power, through military
tribunals created for the trial of offenses against the civil law, should ever be per-
mitted, when the ordinary powers of the existing state governments are ample for
the punishment of offenders, if those charged with the administration of the laws
are faithful in the discharge of their duties.

If the means at the disposal of the state authorities are insufficient to secure the
confinement of the persons named in the communication of the governor of the
state of Texas to the general commanding there, until they can be legally tried, on
the fact being made known to him, the commander of the district will supply the
means to retain them in confinement, and the commanding officer of the troops in
Texas is so authorized to act. If there are reasons in existence which justify an
apprehension that the prisoners cannot be fairly tried in that county, let the
proper civil officers have the " venue " changed for the trial, as provided for by
the laws of Texas.

In the opinion of the commander of the Fifth Military District, the existing
government of the state of Texas possesses all the powers necessary for the
proper and prompt trial of the prisoners in question in due course of law

If these powers are not exercised for that purpose, the failure to exercise them
can be attributed only to the indolence or culpable inefllciency of the officers now
charged with the execution and enforcement of the laws under the authority of
the state government ; and if there is such a failure, in the instance mentioned,
on the part of those officers to execute the laws, it will then become the duty of
the commander to remove the officers who fail to discharge the duties imposed
on them, and to replace them with others who will discharge them.

Should these means fail, and it be found, on further experience, that
there are not a sufficient number of persons among the people now
exercising political power in Texas, to supply the public with officers
•who will enforce the laws of the state, it will then become necessary for the com-
mander of the Fifth Military District to exercise the powers vested in him, by the
acts of Congress under which he is appointed, for the purpose of vindicating the
majesty of the law\ But until such necessity is shown to exist, it is not the inten-
tion of the Commanding General to have recourse to those powers ; and he deems
the present a fitting occasion to make this known to the governor of Texas, and
JJlirough him to the people of the state at large.

I am sir, very respectfully, your obedient servant,

W. G. MITCHELL,
Bvt. Lieut. -Col., U. S. A., Sec'yfor Civil Affairs.

SOME OF GENERAL IIANCOCk's ORDERS. 537

ON ELECTIONS BY THE PEOPLE.

Headquarters Fifth Military District, )

Office of Secretary for Civil Affairs, [
New Orleans, La., December, 28, 1867. )
Lieutenant-Coloiiel W. H. Wood, Commanding JDistrict of Louisiana, New

Orleans, La.:

Colonel : — I am directed by the Major-General Commanding to ac-
knowledge receipt of a letter from Nelson Durand (forwarded by you),
stating that the treasurer of Avoyelles parish, Louisiana, refused an election to
be held to ascertain if the citizens of the township were in favor of selling a
school section belonging to the parish, and requesting an opinion as to the legality
of said election.

In reply to said letter, I am directed by him to state that if the provision of the
law were complied with in regard to advertisements, the manner of taking the
sense of the inhabitants and legal voters only were admitted to take part, there
seems to be no reason why the action should be considered a nullity. It was not,
properly speaking, an election, but a way prescribed by law of arriving at the will
of the community as regards the disposition to be made of certain school lands
belonging to the parish.

The previous authorization of the Major-General Commanding is not considered
necessary. But if the sense of the people was not duly regarded (on the previous
occasion) as to the foregoing requirements, the matter should be again referred to
them for a free and legal expression of their opinion.

I am. Colonel, very respectfully, your obedient servant,

AV. G. MITCHELL,
Bvt. Lieut. -Col. U. S. A., Sec'y for Civil Affairs.

ON REMOVALS FROM OFFICE WITHOUT JUDICIAL INVESTIGATION
AND DETERMINATION.

Headquarters Fifth Military District,

Office of Secretary for Civil Affairs
New Orleans, La., December 30th, 1867

67. )

His Excellency B. F. Flanders, Governor of Louisiana:

Governor : — I am directed by the Major-General Commanding to acknowledge
the receipt of your communication of the 11th inst., with papers and documents
accompanying the same, charging the Police Jury, parish of Orleans, right bank,
with appropriating to their own use and benefit the public funds of said parish,
and with being personally interested in contracts let by them, and recommend-
ing the removal from office of the president and members of said Police Jury;
and in reply to state that these charges present a proper case for j udicial investi-
gation and determination; and as it is evident to him that the courts of justice
can afford adequate relief for the wrongs complained of, if proved to exist, the
Major-General Commanding has concluded that it is not advisable to resort to the
measures suggested in your excellency's communication.

I am. Governor, very respectfully, your obedient servant,

W. G. MITCHELL,
Bvt. Lieu,. -Col. U. S. A., Sec'y for Civil Affairs.

538

ORDER OF GENERAL HANCOCK DISCLAIMING JUDICIAL FUNC
TIONS IN CIVIL CASES.

i-( ^ . r\ ^ ^ AT 1 Headquarters Fifth Military District, )

General Orders No. 1. \^^ ^^^^^^^^ La., January 1, 1868. \

Applications have been made at these headquarters implying th^ existence of
an arbitrary authority in the Commanning General touching purely civil contro-
versies.

One petitioner solicits this action, another that, and each refers to some special
consideration of grace or favor which he supposes to exist, and which should in-
fluence this Department.

The number of such applications and the waste of time they involve, make it
necessary to declare that the administration of civil justice appertains to the regu-
lar courts. The rights of litigants do not depend on the viewr of the general —
they are to be adjudged and settled according to the laws. Arbitrary power, such
as he has been urged to assume, has no existence here. It is no found in the laws
of Louisiana or of Texas — it cannot be derived from any ac or acts of Congress —
it is restrained by a constitution and prohibited from action in many particulars.

The Major-General Commanding takes occasion to repeat that while disclaiming
judicial functions in civil cases, he can suffer no forcible resistance to the exe-
cution of process of the courts.

By command of Major-General Hancock.

[Official.]

J

COMMUNICATION CONCERNING AN APPLICATION BY A RAIL-
ROAD COMPANY.

Headquarters Fifth Military District,
Office of Secretary for Civil Affairs,

New Orleans, La., January 2d, 1868.

Henry Van Vleet, Esq. , Chief Engineer :

Sir: — In reply to your communication, requesting the Major-General com-
manding to issue a certain order relative to the New Orleans, Mobile and Chat-
tanooga Railroad Company, I am directed by him to state:

That the order asked for embraces questions of the most important and delicate
nature, such as the exercise of the right of eminent domain, obstruction of navi-
gable rivers or outlets, etc., and it appears to him very questionable whether he
ought to deal with questions of that kind ; nor is it clear that any benefit could
result to the company from such an order.

So far as the state of Louisiana is concerned, there can be no difficulty in ob-
taining a decree of appropriation of the land which may be required for the en-
terprise, according to the existing laws, as the company has been regularly incor-
porated under the general corporation act. Be this, however, as it may, the
question of power, v/hich the company desires solved by the proposed order, be-
longs properly to the judiciary and therefore the Major-General Commanding
declines to take action in this matter.

If you desire, the papers in this case, togetlier with a copy of this letter, will be
forwarded to the Secretary of War.

I am, sir, very respectfully, your obedient servant,

W. G. MITCHELL,
Bvt. Lieut. -Col. U. S. A., Sec'y for Civil Affairs.

531r

ORDER OF GENERAL HANCOCK REVOKING CERTAIN INSTRUC-
TIONS ISSUED BY HIS PREDECESSOR TO THE BOARDS OF REG-
ISTRATION, AND RELATING TO THE DUTIES OF BOARDS OF
REGISTRATION.

Headquarters Fifth Military Distkict. )

New Orleans, La., January 11, 1868
General Orders No. 3

Printed ''Memoranda of disqualifications for the guidance of the Board of
Registrars, und r the Military b 1 passed March 2, 1867, and the bill supplement-
ary thereto," and " Questions to e answered by persons proposing to register,"
were distributed from these h adquarters in the month of May, 1867, to the mem-
bers of the Boards of Registration, then in existence in the states of Louisiana
and Texas, for the registration of " the male citizens of the United States " who
are qualified to vote for delegates under the acts entiled " An Act to provide for
the more efticient government of the rebel states."

These "Memoranda " and " Questions " are as follows :

[The Memoranda, being lengthy, are ommitted.]

Grave differences of opinion exist among the best informed and most consci-
entious citizens of the United States, and the highest functionaries of the national
government, as to the proper construction to be given to the acts of Congress
prescribing the qualifications entitling persons to be registered as voters,and to ex-
ercise the right of suffrage at the elections to be holden under the act entitled
"An Act to provide for the more efficient government of the rebel states " and the
acts supplementary thereto. Such differences of opinion are necessary incidents
to the imperfection of human language when employed in the work of legisla-
tion.

Upon examining those acts, the Commanding General finds himself constrained
to dissent from the construction given to them in the "Memoranda" re-
ferred to. This construction would of course necessarily exclude all officers
holding offices created under speciul acts of the state legislatures, including all
ofiicers of municipal corporations, and of institutions organized for the dispensa-
tion of charity, under the authority of such special laws. Such a construction, in.
the opinion of the Major General Commanding, has no support in the language of
the acts of Congress passed on the 2d and 23d of March, 1867, which were the
only acts in existence when these " Memoranda " were distributed. Since that
time, however, what was before, in the opinion of the Commanding General,
only an error of construction, would now be a contravention of the law, as amended
and defined in the Act of July 19, 1867.

The Major-General Commanding also dissents from various other points in the
construction given to the disqualifying clauses of the acts in question, as shown,
by the " Memoranda " referred to, but he will add nothing further to what he has
already said on the subject, because his individual opinions cannot rightfully
have, and ought not to have, any influence upon the Boards of Registration in the
discharge of the duties expressly imposed upon and intrusted to them by these
acts of Congress as they now stand. The Boards of Registration are bodies
created by law with certain limited but well defined judicial powers. It is made
their especial duty " to ascertain, upon such facts as they can obtain, whether any
person applying is entitled to be registered " under the acts. Their decisions
upon the cases of individual applicants are final as to the right, unless appeals
are taken, in the proper form, and carried before competent superior authority
for revision; and, like the members of ordinary courts engaged in the exercise of

540

judicial functions, it is the bounden duty of the members of the Boards of Reg-
istration to decide upon the questions as to the right of any applicant, on the
facts before them, and in obedience to the provisions of the law.

Since the passage of the act of July 19, 1867, it is not only the right, but the
solemn duty of the members of these boards, each for himself, and under the
sanction of his oath of office, to interpret the provisions of the acts from which
the authority of the boards was derived, and to decide upon each case according
to the best of his own judgment.

The distribution of the above "Memoranda" was well calculated to produce
the impression in the minds of the members of Boards of Registration, that they
constituted rules prescribed to them for their government in the discharge of their
official duties which they M^ere required to obey ; and it seems certain from va-
rious communications of facts in relation to the mode of carrying out the regis-
tration, that they were so regarded by the members of the boards, and that they
not only influenced, but in point of fact, controlled the proceedings of the differ-
ent boards.

In consequence of this, and as the time for the revision of the registration in
the state of Texas is now at hand, and the duty of making the revision will, it is
probable, in a great degree, be performed by persons who are members of the
Boards of Registration, to which the "Memoranda" in question were distributed
for their guidance, the Major-General Commanding deems it of importance that
the members of the Boards of Registration, and the people at large, should be
informed that the " Memoranda" before referred to, distributed from the head-
quarters of this Military District, are null and of no effect, and are not now to be
regarded by the Boards of Registration in making their decisions ; and that the
members of the Boards are to look to the laws, and to the laws alone, for the rules
which are to govern them in the discharge of the delicate and important duties
imposed upon them.

For this purpose they will be furnished with copies of the acts of Congress re-
lating to this subject, and of the amendment (known as Article XIV.) to the Con-
stitution of the United States.

In case of questions arising as to the right of any individual to be be registered,
the person deeming himself aggrieved, is entitled to his appeal from the decision
of the Board, and the Boards are directed to make a full statement of the facts
in such cases, and to forward the same to these headquarters without unnecessary
<ielay.

By command of Major-Gkneral Hancock.
[Official]

ORDER FOR CONVENING A SPECIAL CIVIL COURT FOR THE TRIAL
OF CRIMINAL CASES.

Headquarters Fifth Military District, )

New Orleans, La., January 2, 1868

Special Orders No. 1.

[extract.]
**********
3, Whereas, The presence of an epidemic at Corpus Christi has prevented the
holding of the usual term of the District Court of Nueces county, Texas; and
Whereas, A large number of criminal cases are on the docket of said court that
should be tried without delay :

It is therefore ordered, That a special term of the District Court for Nueces

SOME OF GENERAL HANCOCK's ORDERS. 541

county shall be held on Monday, the thirteenth day of January, 1868, for the
trial of all criminal cases that may be brought before it.

Such court shall continue in session for three weeks, unless the business before
it is sooner disposed of.

All process in criminal cases shall be, and they are hereby made, returnable to-
the said special term of said court.

The proper officers of that county will cause the usual number of jurymen to-
be drawn and summoned.

By command of Major General Hancock.
[Official.]

:i

CONCERNING THE LEVY OF A SPECIAL TAX.

Headquarters Fifth Military District,
Office op Secretary for Civil Affairs,
New Orleans, La., January 12, 1868.
His Excellency E. M. Pease, Governor of Texas, Austin, Texas:

Governor : I am directed by the Major-General Commanding to acknowledge
the receipt of your letter and accompanying documents relative to an application
from the Mayor and City Council of Houston, for authority to hold an election
to determine whether a special tax shall be levied for the purpose of raising
means with which to cut a ship's channel to Galveston Bay, and to state that if
the power to hold such election was not conferred upon the city of Houston by
its act of incorporation, nor by any act of the legislature, no such election, and
no tax levied for such a purpose would be legal.
I am, governor, very respectfully, your obedient servant,

W. G. MITCHELL,
Bvt. Lieut. -Col. U. S. A., Sec'y for Civil Affairs.

CT, )

'' r

!68. )

RELATING TO THE COLLECTION OF TAXES.

Headquarters Fifth Military District,
Office of Secretary for Civil Affairs,
New Orleans, La., January 15, 1868.
H. Peralta, Esq., Auditor of Public Accounts, New Orleans, La:

Sir : I am directed by the Major-General Commanding to acknowledge receipt
of your letter of the 13th inst., in which you state that the "taxes imposed by
the Constitutional Convention cannot be collected through the ordinary process
of collecting taxes in this State," and "refer the whole matter to him for his
action ;" and in reply to state that the tax-collectors of the parishes of Orleans
and Jefferson, in their report to you of the same date, say that " the tax-payers
have generally refused to pay the tax." By reference to the ordinance of the
convention, you will find "that the -Auditor of Public Accounts of the state
shall, as under existing laws in relation to the collection of taxes, superintend
and control the collection of said tax of one mill per cent. , and shall give imme-
diate notice and instructions to the different sheriffs and tax collectors."

It does not appear, from your statement, that any process for the collection of
this tax has issued, or that any other steps have been taken, except giving notice
in the newspapers, and a demand to pay, which has been refused. No resort has
been made to those coercive means to enforce the payment of taxes pointed out
by the laws of the state ; this it is your duty to direct the tax-collector to do.
When that is done, and forcible resistance should be made, the Major General

542 SOME OF GENERAL HANCOCK S ORDERS.

•Commanding will, upon it being reported to him, take prompt measures to vindi-
cate the supremacy of the law.

I am, sir, very respectfully, your obedient servant,

W. G. MITCHELL,
Bvt. Lieut. -Col. U. S. A., Sec'y for Civil Affairs.

RELATING TO THE COLLECTION OF TAXES.

Headquarters Fifth Military District, )

Office of the Secretary for Civil Affairs, >■

New Oileaus, La., January 21, 1868. )

Bon. Wm. p. McMillan and Hon. M. Vidal, Special Committee:

Gentlemen : The Major-General Commanding directs me to acknowledge the re-
ceipt of your letter of the 17th instant, and to state in reply that the second or-
dinance of the Constitutional Convention, adopted on the 4th of January, 18G8,
provides a new mode for the collection of the tax, and imposes penalties on de-
faulting taxpayers.

You request the Commanding General to state what his action would be should
the civil courts of Louisiana interfere with the collectors in the discharge of their
duties.

In this connection the Commanding General deems it unnecessary to repeat
"What he has already stated in reply to a previous letter concerning his author-
ity on this subject.

It would be highly improper for him to anticipate any illegal interference of
the courts in the matter.

Whenever a case arises for the interposition of the powers vested in the Com-
manding General by the acts of Congress, he will promptly exercise them for the
maintenance of law and order.

I am, sir, very respectfully, your obedient servant,

W. G. MITCHELL,
Bvt. Lieut. -Col. U. S. A., Sec'y for Civil Affairs.

LETTER OF GENERAL HANCOCK TO GENERAL HOWARD ON THE
USURPATIONS OF THE FREEDMEN'S BUREAU.

Headquarters Fifth Military District, )
New Orleans, La., February 24, 1868. \

Major-General O. O. Howard, Commissioner of Bureau Refugees, Freedmen, and
Abandoned Lands, Washington, D. C. :

General : Referring to the report of Captain E. Collins, Seventeenth infantry,
sub-assistant commissioner of the Bureau refugees, freedmen, and abandoned
lands, at Brenham, Texas, dated December 31, 1867, and transmitted by you for
my information, I have the honor to state that I do not understand how any orders
of mine can be interpreted as interfering with the proper execution of the law
creating the Bureau. It is certainly not my intention that they should so inter-
fere. Anything complained of in that letter, which could have lawfully been
remedied by the exercise of military authority, should have received the action of
General Reynolds, who, being military commander, and also Assistant Commis-
sioner for Texas, was the proper authority to apply the remedy, and to that end was
vested with the necessary power.

A copy of the report of Captain Collins had already been forwarded to me by
General Reynolds before the receipt of your communication, and had been re-
turned to him January 16th, with the following indorsement: " Respectfully re-

SOME OF GENERAL HANCOCK S OKDEKS. 543

turned to Brevet Major-General J. J. Reynolds, commanding District of Texas.
" This paper seems to contain only vague and indefinite complaints, without
specific action as to any particular cases. If Captain Collins has any special
cases of the nature referred to in his communication, which require action at
these headquarters, he can transmit them, and they will receive attention."

No reply has been received to this — a proof either of the non-existence of such
special cases, or of neglect of dut}' on the part of Captain Collins in not report-
ing them. It is, and will be my pleasure as well as duty, to aid you and the offi-
cers and agents under your direction, in the proper execution of the law. I have
just returned from a trip to Texas. Whilst there I passed through Brenham
twice, and saw Captain Collins, but neither from him nor from General Reynolds,
did I hear anything in regard to this subject, so far as I recollect.

There are numerous abuses of authority on the part of certain agents of the
Bureau in Texas, and General Reynolds is already investigating some of them.

My intention is to confine the agents of the Bareau within, their legitimate au-
thority, so far as my power as district commander extends; further than that, it
is not my intention or desire to interfere with the Freedmen's Bureau. I can say,
however, that had the district commander a superior control over the Freedmen's
affairs in the district, the Bureau would be as useful, and would work more har-
moniously, and be more in favor with the people. At present there is a clashing
of authority. I simply mention the facts without desiring any such control.

The reconstruction acts charge district commanders with the duty of protect-
ing all persons in their rights of person and property; and to this end authorize
them to allow local civil tribunals to take jurisdiction of, and try offenders ; or if
in their opinion necessary, to organize a military commission or tribunals for that
purpose.

They are thus given control over all criminal proceedings for violation of the
statute laws of the states, and for such other offenses as are not by law made triable
by the United States courts. The reconstruction acts exempt no class of per-
sons from their operation, and the duty of protecting all persons in their rights of
person and property, of necessity invests district commanders with control over
the agents of the Bureau, to the extent of at least enabling them to restrain these
agents from any interference with, or disregard of their prerogatives as district
commanders.

The district commanders are made responsible for the preservation of peace
and the enforcement of the local laws within their districts; and they are the
ones required to designate the tribunals before which those who break the
peace and violate these laws shall be tried.

Such being the fact, many of the agents of the Bureau seem not to be aware of
it. In Texas some are yet holding courts, trying cases, imposing fines, taking
fees for services, and arresting citizens for offenses over which the Bureau is not
intended by law to have jurisdiction.

General Reynolds is aware of some of these cases, and is, as I have already
mentioned, giving his attention to them.

In Louisiana, this state of affairs exists to a less extent, if at all.

I am, General, very respectfully, your obedient servant,

W. S. HANCOCK,
Major-General U. S. Army, Commanding.

About the date of the preceding letter, however, the time had arrived when it
was thought necessary by the controlling powers at Washington to supersede

544

General Hancock's administration in Louisiana and Texas, it being deemed an ob-
stacle in the way of the congressional plan of reconstruction, which contemplated
the complete suppression of the civil authorities of those states and the substi-
tution of military commissions. Gen. Garfield, the Chairman of the Military
Committee in the House of Representatives, introduced a bill to reduce the num-
ber of major-generals in the army with the avowed object of getting rid of Han-
cock, and thus punish him for his steadfast subordination of the military to the
civil jurisdiction. This bill, however, was never pressed to its passage, being
deemed by those friendly to its object as too likely to excite a popular demonstra-
tion in favor of the persecuted individual.

A safer method was adopted. General Grant, having been invested by Con-
gress with extraordinary powers, so as to be no longer responsible to the Presi-
dent, his constitutional commander-in-chief, was induced to interfere in such
manner with Gen. Hancock's official action as to humiliate him before the people
he was sent to govern. This naturally soon led to Gen. Hancock's application to
be relieved of his command.

About this time he wrote to a friend in Congress, as follows:

* * * "I hope to be relieved here soon. The President is no longer able to
protect me. So that I may expect one humiliation after another, until I am forced
to resign. I am prepared for any event. Nothing can intimidate me from doing
what I believe to be honest and right."

His letter to Governor Pease, in which Gen. Hancock vindicated the justice
and policy of his administration, bears date the 9th of March, 1868, and on the
16th of the same month (seven days afterwards, he was relieved of his command.

CIVILIZED BULLDOZING IN MASSACHUSETTS AND RHODE ISLAND. 546

CIVILIZED BULLDOZING IN MASSACHU
SETTS AND RHODE ISLAND.

The attention of the Senate committee charged "to inquire whether any citizen
of any state has been dismissed or threatened with dismissal from employment or
deprivation of any right or privilege by reason of his vote or intention to vote at
the recent elections, or has bsen otherwise interfered with, and whether citizens of
the United States were prevented from exercising the elective franchise, or forced
to use it against their wishes, by * * * any unlawful means or prac,
tices," was directed to the states of Massachusetts and Rhode Island by a large
number of affidavits from citizens of those states. The specific allegation was made
that employers of labor in those states coerced their employees to vote as the em-
ployers wished, and that deprivation of employment was the penalty for refusal
to do so. Among the data submitted to the committee in proof of this allegation
was a circular, which was in these words .

Dear Sir: Your co-operation witli the Massachusetts Republican State Central Committee is
most earnestly requosteri. It is in your power, by the authority you can exercise over those em-
ployed by you, to maintain the honor of Massachusetts, and keep it out of the hands of spoilers and
political knaves who have selected General Butler as their candidate. His election vvould disgrace
our state, and ruin our standing at homo and abroad. A thorough canvass of those you employ, and
an early report to the secretary of the Republican State Central Committee, will be thankfully re-
ceived.

This was issued in the canvass of 1878, but by whom the committee could not
ascertain.

MEETINGS OF MANUFACTURERS HELD TO INTIMIDATE VOTERS.

A meeting of manufacturers was held at Worcester, Mass., in the office of Mr.
Washburne, Chairman of the Republican City Committee. The purpose of this
meeting was to urge the employers of labor there present to exercise their influ-
ence. They were asked to call their employees together and address them on the
issues. This was done in at least one case. The action taken at this meeting was
spoken of by the employees affected as being prejudicial to their freedom of action.
Fear of loss of work if they voted or acted against their employers' wishes was
frequently expressed. The result of the meeting, and its action, was a degree of
intimidation to the employee. A witness said the meeting was held for the pur-
pose of "forcing their help, through dread of non-employment, to vote contrary
to their wishes and according to the wishes of their employers." And still an-
other described it thus :

?. What was the effect, as you gathered it from the employees themselves, upon their minds
tsef . - - . , . . , . .

546 CIVILIZED BULLDOZING IX MASSACHUSETTS AXD RHODE ISLAND.

Senator Wallace, in behalf of the committee, reported upon several of these
cases as follows :

OPERATORS INTIMIDATED AND DISCHARGED.

Your committee are of opinion that in very many instances during that elec-
tion the ballot was cast by operatives against their own deliberate convictions,
and in favor of the candidates of their employers, and that this was the result of
a fear of loss of work at the beginning of winter.

This policy of keeping " inside the law • was publicly proclaimed in the Her-
ald, a leading and influential newspaper in Boston, whicli earnestly and effective-
ly aided the cause of those who called and held those meetings of employers, in
these words :

There will probably be a good deal of " bulldozing " done in Massachusetts this year of a civ-
ilized tj;pe. The laborers employed by General Butler in his various enterprises— mills, quarries,
&c.— will be expected to vote for him or give up their situations. The same rule will hold good
on the other side. There will be no shot-guns or threats. Everything will be managed with de-
corum, adorned by noble sentiments. But the men who oppose Butler employ three-fourths, if
not seven-eighths, of the labor of the state. They honestly believe that Butler's election would in-
jure their property. They know that idle hands are waiting to do their work. It is not to be ex-
pected that they will look on indifferently and see their employees vote for a destructive like But-
ler. Human nature is much the same in Massachusetts and Mississippi. Only methods are dif-
ferent. Brains, capital, and enterprise will tell in any community. It is very improper, of course,
to intimidate voters, but there is a way of giving advice that is quite convincing.

This action was described before your committee as " civilized bulldozing,"
audits occurrence was said to be much more frequent and effective in the manu-
facturing villages than in the cities.

It is impossible that there should be so much in the cities as in towns. It is easier to bring to
light the wrong-doings of an employer there; it is harder to cover them up, because of the public
press and because of the number of the people who would become cognizant of them. In a fac-
tory town it is different. There is no newspaper there; the operative lives in a tenement belonging
to the manufacturer; his wages are small; his wife probably works in the mill; his children proba-
bly work in the mill; and, it he is anyway fractious, or opposed to voting in a way that these peo-
ple dictate, his wife, children, and himself are turned out of the mill, out of the tenement, and out
of the means of earning a livelihood.

The case of the Manchaug Manufacturing Corporation, in the county of Wor-
cester, was cited as o'ne of those in which this policy of " civilized bulldozing '
was pursued. The testimony disclosed the following facts: Manchaug is a man-
ufacturing village, wherein the real estate, mills, houses, churches, halls and
public buildings were owned by the stock company which there manufactured
muslin fabrics. They emploj^cd a large number of persons as workmen, many
of whom were French Canadians. The number of voters at the mills were up-
wards of 100 in 1878, of whom three-fourths were Democrats. All of the man-
aging force, superintendents and bookkeepers, were Republicans. Many young
people of both sexes were employed at the mills, and their homes were with
their parents in the tenement houses of the corporation. One case was shown in
which a man who had served during the war occupied one of the company's
houses, whilst his son and three nieces worked in the factory and lived with him.
He describes what occurred as follows:

I was not working for the corporation, but I was active in the campaign. I was one of the sign-
ers of the Butler call and one of the vice-presidents of the Butler Club. I contributed two or three
dollars to the Butler flag-raising, when we were going to have a good time. Mr. Waters, who had
asked for the hall, came to ray house when I was not at home ; my wife told me of his being there.
Immediately after this, a notice came from the mill that I must vacate my tenement withm two
weeks. It was signed by Robert McArthur and by Charles A. Chase, clerk. For two or three days
nothing was said, and they sent for me to come to the shop.

The son was notified to quit work, and did quit. The effect of this notice to
leave, upon men who had families dependent upon them, was to take away their
freedom of action, and they were obliged to vote as their employers required, for
they had no place to go with their families.

CIVILIZED BULLDOZING IX MASSACHUSETTS AND RHODE ISLAND. 547

Its effect appears to have been decided upon the voters. Their timidity was
described as follows ;

They spoke to me about making arrarigements about raising a flag, as I did not work for
the company and cared nothing for the company. They were afraid to take an active part in it,
but agreed to contribute toward defraying the expense. I had a list of some twenty-four names
of those who contributed— some a dollar and some two dollars— toward hiring the band and pay-
ing the expense of a French speaker. After Mr. Waters came with a notice of Mr. Thayer's and
Mr. Mellen's meeting, this notice which followed, from Mr. McArthur to my father, made a change.
Those men did not seem to dare to speak to me on the front street there ; they would come around
after dark and call me out to speak to me ; they would pass me on the street without speaking,
and they told me. two or three different ones, that it was coming near winter, and they did not wish
to lose their jobs ; still they wished to vote for Butler.

BALLOTS TAKEN AWAY FROM VOTERS AND OTHERS FORCED UPON THEM.

The selectmen of the town have charge of the ballot-box on election day.
McArthur, an employee of the company, was in charge of such in 1878. Chase
and Knox, two other employees of the company, were in attendance. The work-
men were provided with Republican tickets at the works, hauled in wagons to
the polling place, and voted under the direct supervision of McArthur, Chase and
Knox. A witness describes the process thus :

My attention was called to the peculiar way they had of mangaging the voters there. I stepped
up to the little railing that they had there to go around and up to the polls, and I saw two men
stationed at the entrance where the voters went in. One was a Mr. Chase, the other was a Mr.
Knox. I saw that the help of the village (I was acquainted with a great por'ion of them) came
along in a sort of rotation. Mr. Chase was on one side and this Mr. Knox was on the other, and
as each man came up they would take hold of the ticket that the man had, and say, " That is right,
pass on."' Another would come up, and ihey would say: " That is right, pass on." Another
would come up, and they would say: " Hold on, that is not the vote you want to cast." " Why,
yes, it is the vote I want to cast." " No, it is not." " Why, certainly, this is my vote." " O, no ;"
and he got it out of the man's hand, tore it up and threw it on the iloor. He said, "You do not
want to vote such a damned vote as that." He then handed the voter another one. The man
then remarked, " I don't want to cast this vote." The reply was, " Go right along ; that is the vote
you want." The man went right along and put it in the box. Mr. Hastings, the constable, stood
right opposite, and 1 stood, perhaps, four feet from this Mr. Knox.

Another instance is given thus:

Q. Who was at the polls to receive the employees in November last ? A. Mr. Chase.

Q. Is he connected with the corporation ? A. He is the bookkeeper there.

Q. Who takes them from the mills to the polls ? A. The teams of the corporation take
them.

Q. What have j'ou seen in regard to tickets when they have got to the pollrf? A. I have seen
Mr. Chase change their tickets. He generally stands at one side there where there is a small
place to go through, and, as they come along, he always has the ballots there, and I have seen him
change them, and have seen them get tickets from him and carry them in.

Q. The specific tickets j'ou speak of, did they examine those ? A. I do not know whether they
could or not. Pretty nearly all of those who work there are French, and I do not know whether
they could examine them.

Q. Do you know whether those tickets were in envelopes or open? A. I have seen Mr. Chase
give tickets to them that were open.

Q. Did you see this occur in November, 1878? A. Yes, sir.

Q. Specify an instance and describe how ttiis occurred, if you can? A. As they passed along he
was standing there on this side, and as they would come up to the polls he would stop them, hand
them one of the tickets, and say, " Here, carry it in." They might have had an envelope or some-
thing of that kind. I have seen them have envelopes. I have seen that occur.

The ballot-boxes were open boxes and those in charge could see the form and
appearance of the ballot voted, and they were easily distinguishable apart.

The result of this close supervision of the votes of the operatives by their
employers, and the fears which prevailed among them lest they should be dis-
charged, very naturally affected the result in the district in which they voted,
and gave to the candidates favored by the employer a large number of votes they
would not have received if perfect freedom of action had been allowed to the
workmen.

Your committee examined a number of witnesses in regard to the manage-
ment and manner of voting at Webster, Worcester County, by the employees of
the Slater Manufacturing Company, where several hundred men are employed ;
a majority of whom are Irishmen, and the proof showed about the same state
of facts as existed in Manchaug.

J

548 CIVILIZED BULLDOZING IX MASSACHUSETTS AND RHODE ISLAND.

The same was the case at the Douglass Axe Factory, where the agents of the
company stood at the door of the election-house, watched every one of the em-
ployees who came in, passed him the Republican ticket, and told him it would be
to his interest to vote that ticket.

The Boston Elastic Fabric Company employs a large number of hands, most
of whom were Democrats, but under the orders of their employer, Mr. McBirney,
they were nearly all required to vote the Republican ticket in November, 1878.
The foreman of the factory stood at the polls in Chelsea all day on election day
between the door and the ballot-box, and required the men employed under him
to vote the Republican ticket. Another of the employees was directed to tell them
that this was their employer's wish, and they must govern themselves accordingly.
This was done and the men very generally obeyed the orders given. One testi-
fied that he did not and was soon driven out of that employment.

THE AID OF THE CHURCH INVOKED.

The campaign of 1878, in Massachusetts, seems to have been anomalous. For
the first time, so far as your committee could learn, ministers of the Christian re-
ligion were openly invited to aid in the campaign by furnishing the names and
post-office address of their church members, to the end that documents containing
the dogmas of a political party might be sent to them through the mails.

A circular in the following form was sent to every clergyman in the state,
whose name and address could be found from the religious monthlies:

Republican State Committee of Massachusetts
Adin Thayer, Chairman. ) Headquarters, 376 Washington Street

S. B. Stebbins, Treasurer. >• Boston, September. 26, 18'

George C. Crocker, Secretary. )

Dear Sir : In order to enable ns to distribute documents effectively, will you kindly furnish
ns immediately with a list of the male members of your church and parish, and with such other
names as you may deem expedient. By so doing, you will aid us in saving the honor of our com-
monwealth.

With esteem, yours, ADIN THAYER, Chairman.

George C. Crocker, Secretary.

There were a large number of responses, and documents were sent to the
names and addresses furnished. Of the character of the documents furnished to
the members of the churches, "your committee did not learn, but it is fair to sup-
pose that, as the following circular seeks to arouse the alarm and indignation of
" Christian citizens," it was forwarded to church members :

Republican State Committee of Massachusetts,
Adin Thayer, Chairman. ) Headquarters, 376 Washington Street,

S. B. Stebbins, Treasurer. V Boston, September 19, 1878.

George C. Crocker, Secretary. )

Dear Sir : A desperate attempt is bcin^ made, under a hypocritical pretense of state reform, to
deliver Massachusetts over to the Repudiationists, Greenljackers, and Communists.

This attempt should excite the alarm and indignation of every Christian citizen, and call forth
the active, earnest, and persistent opposition of every lover of the fair fame of Massachusetts.

It must be met defiantly and vigorously at once by private and public appeal to the intelligence,
honor, and conscience of Massachusetts.

The state ticket nominated by the Republican party stands for public and private honesty and
national good faith.

We earnestly invoke your active aid in securing its election, and thus saving the " old common-
wealth " from the control of unscrupulous and self-seeking demagogues.

Per order of the Republican State Committee. ADIN THAYER, Chairman.

George P. Crocker, Secretary.

Your committee deems this system of electioneering' dangerous and vicious,
calculated as well to bring the Christian religion into the mire of politics as to
arouse sectarian animosity among the people.

CIVILIZED BULLDOZING IN RHODE ISLAND.

In pursuing another duty enjoined by the Senate in Rhode Island, this subject
of controlling the votes of employees by the employers, through fear of loss of
work, was incidentally examined.

CIVILIZED BITLI.D :)ZIX«i IX MASSACHUSETTS AND RHODE ISLAND. 649

At Westerly, in the southwestern part of the state, there are two corporations known
as the New England Granite Company and the Smith Granite Company. They
employed in 1876 about 150 men in getting out and preparing granite. Direct in-
fluence was brought to bear upon these employees about a week before the Presi-
dential election of 187G by these corporations issuing a handbill and circulating
it where the men worked, which stated that the election of Mr. Tilden would be
a great injury to their business, and by the concluding paragraph, which declared
they would secure their own interest by voting against Mr. Tilden. The circular
was in these words :

TO ALT. VOTERS

Employed bj' the

N. E. GRANITE WORKS AND THE SMITH GRANITE CO.

Having become fully convinced that the election of Samuel J. Tilden and a Democratic Con-
gress, on the 7th of November, will do a great injury to our business, and \v.ll also be a National
Calamity, we do most earnestly advise all VOTERS IN OUR EMPLOY to vote the Republican
Ticket, more especially for a Republican Member of Congress. You will, by so doing, secure ^xjur
own interest, our interest and the interest of your country.

The N. E. GRANITE WORKS.

The SMITH GRANITE CO.

The plain implication from the language here used is that the injury to the
business of the corporation would result in loss of employment to the workmen,
and it undoubtedly had the effect to intimidate voters.

It was shown that at Hope Village in the Congressional election the Republicans
used a colored ballot of a very distinctly marked color. At that time there were
a number of Democrats employed in the works who attended Democratic meet-
ings and desired to vote that ticket, but when these men came to vote on election
day, men in the employ of the Hope Manufacturing Company stood at the ballot-
box and watched the ballots all day. Some of these Democrats declared that they
did not dare to vote.

At Woonsocket there are seven or eight large manufacturing establishmentf:
They employ many workmen, a majority of whom are of foreign birth, and among
the employees are many whose political opinions are Democratic. It was shown
that at almost every election for years these men voted under the eye of their em-
ployers' agents who were Republicans, and in very many cases under circumstances
showing intimidation and fear of loss of work.

companies' agents in charge of polling places.

One witness described the acts which he thought amounted to intimidation, in

this language :

From the Woonsocket Machine Company at the last Congressional election, they had their
overseer posted about two feet from the ballot-box, and he was handing ballots to the operatives as
they came up to vote. His name is Charles A. Chase. I remember now a party who did work for
the Woonsocket Machine Company, who told me, shortly after the election, that he was going to
lose his position, and he did lose it. About a month after that they discharged him because he
would not peddle Republican ballots in the shop.

Another witness describes it thus :

I have known men employed in the Woonsocket machine shop to be marched up, in the hall, in
squads by a man named Chase, who had some position there— I do not know whether it was that
of engineer or what it was— a^id compelled to hold their hands up with the ballots in them in this
manner. [The witness elevated his right hand to a level with his head.] They walked along
and he went with them, watching them until, as each man dropped the ballot in, he took his eye
off the man. At the last Congressional election I saw him march up two sqaads from the machine
shop. I know one man up there who, at the same election, informed me that he wanted to vole
the Democratic ticket, but was obliged to vote the Republican ticket, because he had been given to
understand that it would be for his interest to do so. His property was mortgaged, and a party who
ran on the Republican ticket controlkd, or his intimate friend controlled the mortgage at the time.
The man was afraid to vote otherwise, he informed me. They have come to me, for instance, and
to other Democrats in my hearing and sight and said, " We want a ticket." This was the evening
before the election. And they gave us a ticket and said that they had to carry it or they would lose
their job. There is a strong feeling in their minds that if thy do not vote the ticket that is given
to them by their employers they are liable to be turned off. that they are spotted, and, if anyoody
is turned off, it will be them. These employees who arc DiMuocrats, who have been furnished with

550 CIVILIZED BULLDOZING IX MASSACHUSETTS AND RHODE ISLAND.

tickets or who say, "We shall be furnished with a ticket by tlie i)05s or the manufacturing com-
pany's agents," come to our headquarters and say, •' We want a tick'it in our pockets that is of our
kind, so that we can vote it if we chant':e it for the other." Well, tlie employers have found that
they were being cheated by the men; that the men, in spite of their convincing advice, liad got the
lickets that they wanted to vote and had put them in. That accounts for their compelling the men
to hold their hands up. They give them their tickt-t when they get out of the carriage and compel
them to hold it up in their hands as they march along through the crowd.

company's TIME-KEEPER NOTES HOW EACH EMPLOYEE VOTES.

It was shown that in the Tenth Ward of Providence, at tlie Presidential election of 18T6, the time-
keeper employed by The Corliss Steam Engine Company was at the polls with his book, and as
e /cry man working for his establishment would cast his ballot lie would check his name or write
liis name down upon the book. He was not there as . u official of the election. He would watch to
see which way a man voted and then take memoranda in his book. Employees complained of this
and said they were afraid to vote. Th ;; ward was lar^^ely Democratic, and this "action produced distur-
bance on the part of citizens who sought to have the time-keei-er removed, because the employees
of the Corliss Steam Engine Company were afraid if they voted their principles, they would be dis-
charged from the works, and he was finally removed from the placc'. This company employed
several hundred men at that time.

JiEPUBLICAN DISCRIMINATION AGAINST FOREIGN BORN CITIZENS. 551

EEPUBLICAN DISCRIMINATION AGAINST
FOKEIGN-BORN CITIZENS.

Extracts from a report of the Uaited States Seaate Committee submitted by
Mr. Wallace in the Senate :

Your Special Committee was directed to inquire and report to the Senate con-
cerning^ the denial or abridgement of the right of suffrage to citizens of the United
States, and now reports the result of its labors.

Article 11 of the Constitution of the State of Rhode Island prescribes the quali-
fications of electors in that state, which are further fully set forth in the General
Statutes of the state, passed in pursuance of said article, from which we quote as
follows :

CHAPTER V.

OP THE RIGHTS AND QUALIFICATIONS OF VOTERS.

Section 1. The two following classes of persons have by the Constitution— the first as resris-
tercd and the second jib unregistered voters— a right to vote in the election of all civil officers, and
on all questions, in all legally organized town, ward, or district meetings.

if'w's^ Every yjff/tev male citizen of the United Second. Every male citizen of the United

States of the age of twenty-one years, and who States of the age of twenty-one years who has
has had his residence and home in this state had his residence and home in this stat'^ for
two years, * * * whose name shall one year, * * * ay,(j -^r^^Q jg really
be registered in the office of the clerk of the and truly possessed in his own right of real es-
lown where he resides on or before the last day tate in such town or city of the value of one
of December in the year next preceding the hundred and thirty-four dollars over and above
time of his voting," and who shall show by legal all incumbrances, or which shall rent for seven
proof that he has, for and within the year next dollars per annum over and above any rent re-
preceding the time he shall offer to vote, paid a served, or the interest of any incumbrances
tax or taxes assessed against him in any town thereon, being an estate in fee simple, fee-tail
or city in this state to the amount of one dollar, for the life of any person, or an estate in rever-
including in sucli tax or taxes a tax upon his sion or remainder, which qualifies no other per-
property in the town in which he shall offer to son to vote, the conveyance of which estate, if
vote valued at least at one hundred and thirty- by deed, shall have been recorded at least nine-
four dollars. ty days.

Skc. 2. The two following classes of persons have, by "the Constitution, as registered voters, a
right to vote in all elections, and on all questions as aforesaid. *****

^i/".*^ Every wm^^' «a/if« d/ise/i of the United States of the age of twenty-one years, * * *
and whose name shall be registered in the town where he resided at the time of such re^i^try on or
before the last day of December in the year next preceding the time of his votin^, and who shall
show by legal proof that he has, for and within the year next preceding the time he shall offer to
vote, paid a tax or taxes assessed against him in any town or city in this state, to the amount of
one dollar.

Sec. 3. The following class of p"rsons have, by the Constitution, as unregistered voters, a right
to vote in the election of all general officers, and members of the general assembly, in the town or
city in which they shall have had their residence and home for the term of six months next preced-
ing the election.

Every male native citizen of the United States of the age of twenty-one years, * * *

and shall own any such real estate within this state, but out of the town or city in which he resides
as is described in the second clause of the first section of this chapter, and who shall produce a cer-
tificate from the clerk of the town or city in which his estate lies, bearing date within ten days of
the time of his voting, setting forth that such person has a sufficient estate therein to qualify him as
.a voter, and that the deed, if any, has been recorded ninety days.

552 KEPUBLICAN DISCRIMINATION AGAINST FOREIGN-BORN CITIZENS^

CHAPTER VI.

OP THE REGISTERING, LISTING, AND RETURNING LISTS OP VOTERS, AND OP
PROOF OF THEIR QUALIFICATION TO VOTE.

Sec. 2. The town clerk shall register in such book, with the date of the registry, the name or
every male inhabitant of the town who shall demand such registry and who shall declare that he
is qualified by birth * * *

Sec. 10. The assessors of taxes in each town shall, within five days after said second Monday of
January in every year, assess upon every person whose name shall have been registered as afore-
said, as his registry tax, a tax of one dollar, or such sum as with his other taxes shall amount to
one dollar * * *.

The distinction herein made between the rights of native born and foreign born
citizens to vote, is so broad and well marked that at the outset of our inquiry the
attention of your committee was arrested by it, as an anomaly in the American
system, and we have given it careful examination and thought.

Carl W. Ernst, an intelligent Republican foreign born citizen, gives an esti-
mate, after a careful examination, and places the number of disfranchised foreign
born citizens at not less than 10,000 to 15,000. He testifies as follows:

Rhode Island contains not less than 75,000, probably 80,000 males twenty-one years old or more.
The highest vote ever polled in this state is that of 187Q. for President, when 26,627 votes were cast.
The state census of 1875 gave 42,741 as the number of legally qualified voters, and, approximately,
72,257 as the number of males of 21 years or more. It appears, then, that in 1875 nearly 30,000 males
were either disfranchised citizens or aliens. It is reasonable to assume the following as correct:

Number of possible voters 80,000 or 100 per cent.

Number of legal voters 45,000 or 56 per cent.

Number of disfranchised citizens 17,500 or 22 per cent.

Number of aliens 17,500 or 22 per cent.

The Chairman: You have been called at my instance, because, having observed some statistics
In the paper which you edit, I wish to get some information from you iipon the subject of which
they treated.

The witness: The result of the last calculation that I made was that the state must have now
about 300,000 inhabitants. Applying the ordinary rate of voters which obtains throughout the
country, it would follow that we ought to have very nearly 70,000 persons entitled to vote. The
registered voters was 42,000 and something. So that that shows there are at least 24,000 not ac-
counted for. In Dr. Snow's report the persons enumerated as qualified voters are not persons actu-
ally qualified, but persons who have the constitutional qualifications to vote. They include, for
instance, the unregistered registry voters, the explanation which he gives himself. And, therefore,
I am obliged to infer that the number of persons who are either alien residents or who are disfran-
chised citizens is very much greater than is commonly supposed. The United States census of 1870
enumerates about 43,000 voters in this state. Dr. Snow's census, taken five years later (that of
1875), enumerates about 42,000. We have in Rhode Island the extraordinary phenomenon of a con-
stant decrease in the number of voters (who are almost exclusively natives), while the number of
residents who are disfranchist d increases. To all intents and purposes Rhode Island has now
more people of foreign birth or fore gn parentajre than it has of people who are natives, and that
fact applies as emphatically to this city of Providence and to some of the principal towns of the
state as it does any other portion of the state. I speak of the whole state. I say that of the popu-
lation of tli e whole state there must be to-day at least thirty per cent, of persons born abroad, and at
least thirty per cent, of persons of foreign parentage; the remaining forty per cent, being of per-
sons who are natives of this country. We have at least 75,000 males in this state over twenty-one
years of age. Of these 75,000 about 40,000 (I hardly think more than that) are registered voters, or
persons who can appear at any election. That leaves 35,000 to be accounted for. Of these not less
than 6,000 are persons who are constitutionally qualified to vote, but who have failed to register or
pay their taxes, and in that way are thrown out. Of the 30,000 remaining to be accounted for a
large number are undoubtedly natives of this country or of other states, aliens, and a floating popu-
lation, the latter being made up of persons who come here for certain periods; for instance, Cana-
dians who work in our factory villages, jewelers who work in our shops, and others, mainly young^
men, who come here for temporary employment. These 30,000 cover also certainly a number of
alien residents who eventually, undoubtedly, would take out their naturalization papers if they
could vote, but who have now no interest in becoming citizens of the country. We come now to
the number of disfranchised citizens. Making a liberal allowance for the floating population, I
think that the number disfranchised in this state cannot be less than 10,000, and it may be 15,000. I
speak of citizens of the United States who arc in the same position in ^yhich I am, who are citizens
of the country, but who are not allowed to vote because they do not have the necessary real estate.

In order to aid in ascertaining the probable number of persons, citizens of the
United States, who were denied the privilege of voting because of their nativity,
or by reason of the restrictive laws before quoted, the state census of Rhode
Island of 18T5 has been taken by your committee as a basis of calculation.

The total population in 1875 was 258,239

" number born in the United States 186,609

" *' *' " foreign countries 71,630

The total number of votes 42,741

" " " native born , 37,377

foreign 5,364

REPUBLICAN DISCRIMINATION AGAINST FOREIGN-BORN CITIZENS. 553^

or one to every thirteen born abroad, while one to every five iu the whole popu-
lation is the general rule.
Of the whole number of persons in Rhode Island there were :

Native born 72.22 per cent.

Foreign born .-- 27,67 " "

Of American parentage -.. 52.17 " "

Of foreign parentage. ..- 47.83 " "

Of the whole number of voters there were :

Native born ..- 87.45 per cent.

Foreign born 12.55 " "

The whole male population over twenty years of age was 74,753, of
whom 52.17 per cent, were voters. Comparing Rhode Island with Massachu-
setts we find that the percentage of votes to the male population over twenty-
years of age was as follows.

Rhode Island _ 57.17 per cent.

Massachusetts -.. 76.34 " "

Of the whole number of voters in these states there were :

In Massachusetts, native born _ 80.03 per cent.

In Rhode Island " " 87.45 " "

In Massachusetts, foreign born _ 19.07 "

In Rhode Island, " " 12.55 " "

Of the whole numbir of male persons the following percentage were voters :

In Massachusetts 44.00 per cent.

In Rhode Island ._ 34.04 '' "

In Massachusetts in the whole number persons there are vo:ers-. . 21.25 " "
In Rhode Island " " " " " " " .-.16.55 " "

Or a loss of 4.70 per cent, as compared with Massachusetts, which would be a
loss of 12,000 votes as compared with tliat state.

This comparison with Massachusetts is more favorable lc» Rhode Island
than if made with any other state, owing to the educational qualification there
existing.

In the light of the testimony taken by the committee, the discrepancy between
the voting population of Massachusetts and Rhode Island is readily accounted
for. It is the result of the practical denial of suffrage to citizens of the United
States of foreign birth, and of impediments to the exercise of the clcc'oral fran-
chise by poor natives, under constitutional provisions, executed under rigid reg-
istry laws.

Fro: : the figures given by witnesses brought before the committee it is possible
that, un.-jr the Fourteenth Amendment and the Act of 1872, Rhode Island might
rightfully have been deprived of one representative in the House of Representatives
of the Forty-fourth Congress, and that her additional vote in the Electoral College
thus secured, decided the question of the presidency in 1877, the vote as returned
by the Electoral Commission being 185 to 184, and it might again decide it.

As instancing the peculiar hardship of the real estate qualification in Rhode
Island the following facts culled from the testimony are interesting.

Rhode Island has a less number of acres of land than any state in the Union, yet
she is the only one where real estate votes.

Total number of square miles in Rhode Island 1 , 054.

Total number of acres in Rhode Island 674,560.

Total number of inhabitants to the square mile 244. 90

Total number of inhabitants to the acre 2.61

According to the census of 1870 the total value of real estate and improvements^

554 REPUBLICAN DISCRIMINATION AGAINST FOREIGN-BORX CITIZENS.

in Rhode Island was $132,876,581, being in tlie proportion of $611 to eacli inliabi-
tant. According to tlie census of 1875 and tlie llliode Island Manual the total
valuation of real estate and improvements in that year was $190,279,473, or $736
to each inhabitant. The total number of acres in farms 480,928, leaving but
193,632 otherwise classified, the total number being 6,363 farms, valued at $28,892,-
836, the farms averaging 75. 58 acres at $4, 540 per farm. Of the real estate improve-
ments not classified as farming land the total valuation was $161,387,137, or an
average, of $833.47 per acre. The total number of dwelling-houses in the state
was only 38,875 in 1875. The testimony shows tliat a large part of the foreign
population was employed in the manufacturing establishments of the state, and
that a small house suitable for an operative and his family would cost $2,000, and
upwards.

Restricted suffrage, registry taxes upon poor men alone, statutory closing of the
jDolls at sunset, instead of at eight o'clock, as formerly, by which the operatives in
the mills are prevented from voting, and the compulsory payment of the registry
tax ten months prior to the general election, in a presidential year, cause great
complaints upon the part of the poor men and foreign born citizens in Rhode
Island ; and to these features of her laws many intelligent witnesses ascribe the
small percentage of voters among her people and the large amount of corrupt
practices in the elections of the state. A foreign-born soldier, breveted a major
for gallantry, said, under oath, ' ' I have never qualified myself to vote for the
reason that I consider the principle wrong; that suffrage ought to be based on
manhood, and not on real estate ; . and that no qualification was required for
negroes, their color being sufficient passport, provided they vote right. " In reply
to the question, what action the government of tlie United States.could take to
remove the disqualifying features of the state constitution, he said, "that by the
Fourteenth and Fifteenth iVmendments of the Constitution of the United States,
universal suffrage was forced upon the South, and that the rule ought to work
just as well on the North." Another foreign-born soldier, breveted at Missionary
Ridge as Lieutenant-Colonel, testified that he had tried to get many foreigners to
become naturalized, telling them that in time they would become voters, but they
would not do so, as they declared they would feel more degraded in becoming
citizens of the United States, and not having the privilege of voting then they felt
that they were without naturalization ; he said that was his own feeling,- and
although he owned no real estate now, but did when he voted, he felt that one
who had for so long been a soldier in the service of the country ought not to need
any such qualification.

The owner of real estate gets upon the registry of voters by virtue of his real
estate. The native born, owner of personalty, pays his taxes of over one dollar
and thus he gets upon the registry, but the native who owns no taxable property
must personally register himself and pay his taxes or he cannot vote; the foreign
born citizen may own personalty, but cannot vcte unless he owns real estate, and
•of course, he cannot get upon the registry. If registry taxes for one year are
not paid the Constitution forbids the vote until the arrears for two j'ears are
paid up.

This is the explanation of the fact proved in this testimony that out of 42,741
voters shown by the census of 1875, to be in the state and qualified to vote,, but
26,627 actually did vote in the hotly contested presidential election of 1876 ;
16,114 voters, or about three-eighths of the whole voting population, actually ab-
stained from voting. No such jiercentage of non-voters is found anywhere.
North or South, in that election. In the great central belt of states North,

EEPUBLICAN DISCRIMINATIOX AGAIXST FOREIGX-BOBX CITIZEIS'S. 555

over 90 per cent, of the whole vote therein was polled at that election, whilst
in Rhode Island but about 62 per cent, finds its way to the polls.

Naturalized citizens maj' own any amount of personal property, and pay any
amount of taxes thereon, but they cannot vote unless possessed of a certain
amount of real estate. Foreign born citizens who were naturalized and voted in
Tlhode Island long before the war of the rebellion, and who served the United
States and the state of Rhode Island, in Rhode Island regiments throughout the
'war, and who have been shown to have lost this real estate, have been dejDrived
of the right to vote by that loss.

As a specimen case your committee refers to that of Col. James Moran, of
Providence. An abstract of his testimony is as follows :

Lived here twenty-eight years; foreigner; naturalized; entered service of United States from
Ehode Island under promises made by tlie state officials that foreigners who went into the service
could vote when they came back; commissioned as second lieutenant; promoted to captaincy;
fc-ervod three years; honorably discharged; held an election for officials in Rhode Island in his
company in the army, but could not vote himself; was a voter once because he owned real estate;
has lost it and cannot vote now; been colonel in militia, and notary public; majority of the opera-
tives in the mills are foreigners; are changed about and can't save money to buy homos.

A similar case is that of Col. John M. Duffy, who had been a resident of Provideiice for twenty
years. He entered the service of the United States in May, 1861, in the Second Rhode Island Volun-
teers, as a private, being promoted, subsequently, to sergeaiit, 2d lieutenant, and 1st lieutenant of
that regiment. After same service in the Second Rhode Island Volunteers, he was honorably dis-
charged to accept the commission in the United States Regular Army, as first lieutenant in the
13th Infantry, being brevetted lieutenant-colonel for gallantry at the battle of Missionary Ridge.
Ho remainea in the a-my until 1869, when he was discharged for disability, and received a pension
of $15 per month. Col. Duffy acquired real estate after his return from the army, and upon becom-
ing naturalized, was permitted to vote. Having lost his real estate from the vicissitudes of for-
tune, he has lost his right to vote.

The case of Hon. Thomas Davis, formerly a member of Congress from Rhode
Island, is given in the following condensation of his testimony:

Live in Providence ; foreigner ; naturalized for'ty-ftve years ago ; seventy-five years old ; a
manufacturing je\Celer ; been in both branches of the legislature a number of times ; member of
Congress from Rhode Island in 185:i-'4 ; then owned real estate ; I am not now a qualified voter ;
I failed in business and the title to my property passed to my assignees, and I cannot now vote :
colored men now vote here like native-born whites, while every foreign-born citizen is excluded
unless he owns real estate ; the effect of this is bad ; it makes the voters mercenary ; wealth con-
trols suffrage in Rhode Island ; money is all-powerful here ; it can overwhelm public sentiment at
any time here ; have been both a Republican and a Democrat, but always advocated the repeal of
this restriction.

Thomas McMurrough.— Naturalized : cannot vote ; no real estate ; am i)resident of the Rhode
Island Suffrage Association ; i)resented a memorial praying for extension of suffrage to foreign-
born citizens ; father lived in Massachusetts, a naturalized citizen and a voter there ; the line
between the states was changed and we were thrown into Rhode Island we cannot vote now, for
we own no land ; at least 5,000 naturalized citizens in the state who cannot vote.

Daniel Donovan. —Naturalized ; came from Connecticut ; lived in United States since five years
old ; am a skilled mcclianic ; ten of us work together in one I'oom in our factory ; the highest
grade room in it ; six of the ten are foreigners and cannot vote for want of land ; a house and lot
to suit my family would cost me g3,000.

Repeated eiforts have been made to secure the alteration of the Constitution of
Rhode Island in regard to property qualifications for foreign-borrl citizens, but
they have always been defeated. In the case of the submission of the question
of the extension of suffrage to soldiers and sailors who had served in Rhode
Island regiments during the war, submitted during the presidential canvass of
1876, the testimony shows that it was made a party question at the polls.

Witnesses testify that a minority of her people has ruled " Rhode Island for
more than fifteen years past, and that the opposition to the extension of suffrage
came mainly from those now in power, who fear the loss of place that would
follow.

556 KEPUBLICAX DISCRIMINATION AGAINST FOREIGN-BORN CITIZENS.

The average vote cast in each Congressional district in the New England
States in past four Congressional elections, is as follows :

States.

1872.

1874.

1876.

1878

Massachusetts

Vermont

Maine

17,521
14.333
18,101
24,232
22,964
9,465

16,467
12,940
19,565
26.528
26,295
3,381

23,609
21,448
25,357
30,539
26,708
13,026

22,707
16,358
25,749

< "onnectlcut

26 089

N'ew Ilampsliire

25,257
9,198

It is thus seen that the average vote to the Congressional district in Rhode
Island of the combined Democrat and Republican candidates was only 3,381 in
1874, whilst in the remainder of New England it was 20,359 to the Congressional
district ; and while Connecticut in the presidential contest polled 30,539 votes in
each of her Congressional districts, Rhode Island polled but 13,313 votes to
choose a Congressman.

Florida and Rhodo Island have each two Congressmen. The population of the
former in 1870 was 187,748, of the latter 217,353 ; yet in the presidential election
of 1872 Florida polled 33,190 votes, or one to every five and a third, whilst Rhode
Island polled but 18,994, or one to every eleven and a half. In 1876 Florida
polled a total of 46,772 votes, and Rhode Island but 26,627.

At the Congressional elections the comparison is as follows : in each Congres-
sional district the average vote in —

States.

1872.

1874.

1876.

1878.

Rhode Island

Florida

9,497
16,595
19,036
28,970

3,381
17,639
28,952
20,560

13,313
23,386
36,555

27,798

9,198
19,549
34,439
24,281

South CaroUna

Pynusylvania

The tables of the votes in these years show some curious facts when we con-
sider the drift of newspaper sentiment in the past eight years as to the whole
people voting in certain localities. They are worthy of careful examination and
furnish proof of the most positive character that the repeated charge that suffrage
is denied in the South to any class or race is untrue.

REPUBLICAN DISCRIMINATION AGAINST FOREIGN-BORN CITIZENS. 557

TABLES OF VOTES FOR PRESIDENT AND CONGRESS. SHOWING AVERAGE PER
CONGRESSIONAL DISTRICT.

States.

Rhode Island . . .
Massachusetts . ,

Florida

Kentucky

Vermont

South Carolina.

Louisiana

Maine

Oonnecticut

New Hampshire,

Virginia

Alabama

Arkansas ,

Georgia

Mississippi

Missouri

North Carolina. ,

CD 33

§.2

si -2

Presidential Election.

1872.

18,
192.

33,
191,

53,

95,
128,

9l».

96,

68,
185,
169,

79,
142,
129,
273,
164,

732

190
135
001
180
692
509
928
892
164
716
300
906
463
059

1876.

26,627
259,703

46,775
259,608

64,346
182,776
159,349
116.78>)
122,156

80,124
235.228
170,232

97,029
180,534
164,778
351,765
233,844

Average per District.

1872.

1876.

9,497

13,313

17,521

23,609

16,595

23,386

19,113

25,960

14,333

21.448

19,(!36

36, .555

21,448

26,558

18,101

25,357

24,232

30,.539

22,964

26,708

20,573

26.203

21,214

21,279

19,825

24,257

15,878

20.059

21.577

27.463

21,004

?7,058

20,607

29,230

States.

Maine

New Hampshire
Vermont... . .
Massachussetts
Rhode Island . .
Connecticut ...

Alabama

Arkansas. .

Florida

Georgia

Kentucky ,

Loui-siana

Maryland

Mississippi

Missouri

North Carolina.
South Carolina.

Tennessee

Texas ,

Virginia

West Virginia. .

Vote for Congressnjen.

1874.

-2

1878. *

o

p

♦;

"fe

Total

Average to

Total

Average to

!=

Votes.

District.

^

Votes.

District.

5

*78,263

19,565

r

128,740

25,74D

3

78,885

26,295

75,773

25,2.57

3

88,822

12,940

o

49,075

16,358

11

181,142

16,467

11

249,783

22,707

2

6,763

3,381

2

18,396

9,198

4

106,112

26,528

4

104,357

26,089

8

88,306

11.039

3

55,116

18,372

3

42,558

14,186

2

34,279

17,639

2

39,098

19,. 549

9

tl 15,574

14,447

9

12.5,.511

13,946

10

128,462

12,»46

10

159,905

15,990

6

$121,554

24,311

6

120,891

20,148

6

i2b,3i5

20,0.52

6

't55.'14

27,807

6

i!l'51.' -1

8,603

13

253,451

19,496

13

322.. 20

24,778

8

§124,381

24,896

8

129,426

+tl6,178

5

144,760

28,952

5

17sJ,198

34,439

10

154,106

15,410

10

146,572

14,627

6

n . .

G

£16,392

27,049

9

i7S,rii

19,846

9

126,287

14,032

3

66,263

22,088

3

94,907

31,635

Vote of four districts.

§ Vote of five districts

t Vote of eight districts.

1 No

t Vote of five districts. ! Vote of two districts,
opposition, [i No contest in eighth district.

TABLE OF COXTENTS.

TABLE OF CONTENTS.

PA«E..

Platform of_^Democratic National Convention, 1880 S

General Hancock's Letter of Acceptance : 4

Hon. Wm. H. English's Letter of Acceptance 6

Life of General Winfield S. Hancock &

General Hancock at Gettysburg 13

General Hancock's Cfvil Record 16

The Celebrated General Order No. 40 17

President Johnson's Message Relative to General Order No. 40 18

General Hancock's Letter to Governor Pease, of Texas 19

General Hancock's Address and Motion in the Babcock Case • 26

General Hancock's Speech to the Citizens of Washington 28

General Hancock's Letter to General Sherman, Dec. 28, 1876 29

Life of Hon. Wm. H. English 33

The Record of James A. Garfield 53

1. The Credit Mobilier Fraud 55

2. The District of Cohmibia Ring and the De Golyer Bribe 80

(a) Decision of Chicago Circuit Court on De Golyer Bribe ; 120

3. The Sanborn Frauds 124

4. The Back-Pav Grab and Salary Steal 131

5. The Indian Rin.iz;— Gartield's Services in its Behalf 139

6. Encouraging and Defending Petit Larceny. 143

7. Garfield the Champion of O. O. Howard 147

8. The Black Friday Scandal— GarfieWs Efforts to Suppress the Truth 151

9. Gai-field the Friend of Robeson 158

10. Garfield Champions Geo. F. Se^vard 180

11. Garfield and the Electoral Fraud— As Chief of the Conspirators, he was

Counsel, Congressman and Judge 186

12. Three Monstrous Grievances 189

1. Troops at the Polls.

2. Partisan Jury Laws.

3. Partisan Election Laws— Supervisors and Deputy Marshals.

13. The Pacific Mail Steal 233

14. The Moth Swindle 240

15. Garfield and the Laboring Men 244

16. Some of Garfield's Votes 245

17. Garfield and General Shields '. . . 250

18. Garfield Against Free Salt 250

19. Judgment of his Republican Constituents 251

20. Garfield Against the Shipbuilders of New England 2.54

21. Garfield Against the Tax-paving Distillers of his own State 256

22. Garfield on Chinese Immigration *. 258

23. Garfield Opposes Reduction of Duty on Printing Paper 264

24. Garfield's Opposition to Foreigners 264

25. Garfield's Religious Intolerance 265^

26. Garfield on Civil Tenure and Impeachment 266

Chester A. Arthur's Civil Record 269

1. Arthur falls out with the Hayes' Administration 270

2. John Sherman demands Arthur's removal from Collectorship of the Port of

New York 271

3. Hayes removes Arthur on the ground that he is dishonest, incompetent,

and a Machine Politician 273

4. Sherman arraigns Arthur for " unlawful practices" and "gross abuses of

administration " 273^

Civil' Service Reform 278

1. Hayes' famous Civil Service Order No. 1 280-

11 TABLE OF CONTENTS.

•Civil Service Reform: page.

2. How John Sherman Manipulated Officeholders in the South 282

3. Gorham Squeezes $106,000 out of Poor Department Clerks 284, 285

4. Returning Board Thieves and their Friends Rewarded with' Money and

Offices to Keep them from Squealing 286, 291

5. Republican Civil Service Reform a Sham, and what it Cost the People 29^3

The Great Fraud of 1876 294

1. A Midnight Conspiracy Formed 294

2, How the Votes of Florida, Louisiana and South Carolina were Stolen for

:iayes 296-326

Treasury Book-keeping :

How Balances were forced by Interlineations, Erasures and Mutilations of the

Treasury Books 337

War Claims— Democrats Opposed to Paying them 333

The Xlllth, XlVth and XVth Amendments 342

(Held by Gen. Hancock and the Democratic Party to be Inviolable, pp. 3-4.)

The Democrats and the Soldiers 344

Republican Insult to the Mexican Veterans 362

The " Rebel Brigadier "—Fit for the highest honors as a Republican, but danger-
ous as a Democrat 365

The Negro Exodus 371

How THE Poor Freedmen were Swindled 377

Twelve Years of Fraud, Peculation and Plundering :

The Emma Mine Swindle 398

The Whisky Ring 400

The Belknap Impeachment 405

The Venezuela Scandal 410

The San Domingo Job 415 i

History of a Caupet-Bag Government 421

Plundering the South 439

Frauds in the Post-Office Department 442

Petit Larceny in the Post-Office Department 458

Government Printing Frauds 459

Frauds in the Construction of Public Buildings 465

Frauds of the Pension Office 467

Frauds in the Department of Justice 476

Favoritism in the Enforcement of Judgments 479

Expenses of United States Courts '. 480

Sherman's Pet Bank 481

SCHURZ AND the INDIAN BUREAU f 484

Another Ex-Cabinet Officer Brought to Grief 487

Presidential Luxuries :

How the People are Taxed to Pay for Dogs, Horses, Carriages, Croquet Sets,

China Dinner Service, etc., for the White House 492

The Executive Mansion 499

Expenses of the White House 500

The Botanical Garden— the Official Bouquet Shop 501

Expenditures for the District of Columbia 503

Appropriations and Expenditures :

Democratic Economy and Republican Extravagance 506

Territory Acquired under Democratic Rule 526

Squandering the Public Domain 528

Loaning the Pl^lio Credit to Corporations 530

Some of General Hancock's Orders 531

Civilized Bulldozing 545

Republican Discrimination against Foreign-born Citizens 551

Tables of Votes for President and Congressmen, showing Average Vote for

Each Congressional District 557

Forty-second and Forty-third Congresses compared with Forty-fourth and

Forty-fifth Congresses •. 510, 511

History of Appropriation Bills, Forty-fourth and Forty-fifth Congresses,

showing Economies Inaugurated by the Democratic House 510

Table of Appropriations from 1868 to 1881, inclusive 519

Appropriations for Army, Navy, and Pensions, March, 1871, to 1880, in-
clusive 520

Expenditures— Seventy-two years Cost Less than Ten Years Republican Ex-
travagance 506

Seven Years of Democratic Frugality compared with Seven Years of Re-
publican Profligacy 509-10

Expenditures growing greater as we -recede from the War Period 510

$100,000,000 Saved by the Democratic House 511

Table of Civil List and Net Ordinary Expenditures by Administrations.. 520
Detailed Statement of Expenditures, by Years, from March, 1789, to June

30, 1879 521

INDEX. iii,

INDEX,

PAGE.

ACCEPTANCE :

Gen. Hancock's Letter of 4

Hon. Wm. H. English's Letter of 6

AMENDMENTS :

Thirteenth, Fourteenth and Fifteenth, to the Constitution 342

Held by Gen. Hancock, English and the Democratic party to be Inviolable 3-4

APPROPRIATIONS AND EXPENDITURES:

Democratic Economy and Republican Extravagance Contrasted 506-18-

Extravagance of Forty-second and Forty-third Congresses, compared with

Economy of Forty-fourth and Forty-fifth 511

History of Appropriation Bills Forty-fourth and Forty-fifth Congresses, show-
ing Economy Inaugurated by Democratic House 511

Saving of $146,000,000 under the Profligate Estimates of the Republicans At-
tempted 513

Seventy-two Years from the Beginning of the Government to 1861 Cost less than
ten Tears of Republican Extravagance since 1867, the Era of Extrava-
gance Inaugurated by the Republicans 506-7

Seven Years of Democratic Economy, Contrasted with Seven Years of Repub-
lican Profligacy, $1.94 per capita under Pierce and Buchanan, and 3.45 per

capita under Grant 509-510

Expenses of the House Folding Room decreased by the Democrats 514

Table of Civil List— Net Ordinary Expenditures 520^

Statement of Expenditures of the United States from 4th of March 1789 to

June 30, 1880, inclusive, by Years 521

Struggle with Republican Senate in favor of Economy 512

$91,(tw,000 finally saved to the Tax-payers by the persistent efforts of a Demo-
cratic House 512

Tables of Appropriations from 1868 to 1881 inclusive 519

Appropriations for Army, Navy and Pensions from March, 1871 to 1880 inclusive 520
APPROPRIATIONS GROW GREATER AS WE RECEDE FROM THE WAR

PERIOD 510

ARMY RECORD :

Of General W. S. Hancock 9 to 16

Of General James A. Garfield 5^

ARTHUR, CHESTER A., RECORD OF :

Appointed Collector of the Port of New York 269

The Jay Commission — Receipts and Expenditures in New York Custom-house 270
Hayes suspends Arthur because he is a Machine Politician, and Incompetent and

Dishonest 270

Sherman aiTaigns him.for "Gross Abuses of Administration," and "Unlaw-
ful Practices " 271

Arthurs' Favoritism — Genteel Smuggling— Deadheads and Bribe-Takers re-
tained by him— Increased Cost of Collecting Revenue 271

Arthurs' Compensation, $155,860.36— Sherman says no Reform possible under

Arthur 272

The New York Custom-house a Political Machine— Other Charges by Sherman. 273-4

Fraudulent Claims Allowed— Arthur neglects his Duties 276-7

Arthur as a Civil Service Reformer 279-280

ASSESSMENTS, POLITICAL :

One per cent, levied on Salaries of Government Employees in 1870, one per

cent, in 1878, and two per cent, in 1880 278-284

How Gorham squeezed $106,000 out of Poor Department Clerks 284-5-

BABCOCK, O. E. :

General Hancock's Motion in Case of 26

Babcock's Connection with the District Ring 92

His Lightning Calculations 113-1 14

Babcock and the Whiskey Ring— The " Sylph " Telegrams 402-4^^

Y INDEX.

PAGE.

BABCOCK, O. F. :

Indicted at St. Louis — Grant Shields him from Punishment '. 403-404

Master of Horse to Grant — Certifies Accounts for Boarding the Ofltieial Dog

and for Repairing the Official Carriage, etc 493

BACK PAY STEAL AND SALARY GRAB :

How it got into an Appi-opriation Bill 131

By Duplicity and Double Dealing Garfield forces its Passage 132

He Votes for the Bill and Pockets the Plunder 136-7-8

BATTLES. iSe£ Life General Hancock.)

BELKNAP IMPEACHMENT, THE : *

The Case against Belknap— The Arrangement between Evans and Marsh 405-6

Marsh's Letter to Belknap — Belknap and Marsh charge Evans $12,000 a year

for the Post-tradership 406

United States Soldiers Robbed for Post-Traders' Benefit 407

The Payments Marsh made to Belknap 408

Argument of Hon. Jeremiah S. Black in the Belknap Case 408-9

BLACK FRIDAY SCANDAL :

How General Garfield sought to Suppress the Truth — Grant's first Meetingwith

Fisk and Gould '..... 151

Gould and Grant's Brother-in-law select an Assistant Treasurer 152

Orant Hides himself 153

The Conspirators Jubilant— $35,000 to Mrs. Grant 154

Garfield tries to make $250 out of $25,000 155-

Grant Frightened by Fisk 155

That Awful Day 157

BOTANICAL GARDEN, THE:

Mr. Garfield Increases the Appropriations for Bouquets and Floral Gifts 501

Expenditures tor Botanical Garden for Twenty Years 502

BULLDOZING (" CIVILIZED " ) :

In Massachusetts and Rhode Island 545

Operatives Intimidated — Compelled to vote the Republican Ticket or be dis-
charged 546

Ballots taken away from Voters and others forced upon them 547

The Aid of the Church invoked by the Republican State Committee of Massa-
chusetts 548

Circular sent to Operatives in Westerly by their Employers — Company Agents
in charge of Polling Places, and the Company's Tfmekeeper cheeking off

Voters 549

BURLINGAME TREATY— ITS EFFECT — 259

CARPET-BAG GOVERNMENT, HISTORY OF A :

How South Carolina was Robbed — Investigation by a Commiitee of the Legis-
lature 421

How John J. Patterson was made Senator — His Subsequent History as told by

himself — Paiterson's Racy Letters to his Friend Worthington. .'. 422-7

** Don Cameron's Order Means Biz." 426

A Model Carpet-Bag Legisislature, and How it Reveled in Luxuries at the
People's Expense — A Wonderful Bar-Room — Diamonds, Dresses, Furni-
ture and Supplies Bought by the State 427

Bustles, Chignons and Palpitators Purchased 429

How the Bills were Paid 429

Imaginary Expenses 430

Legislative Expenses $1,500,000 Per Annum under Republicans— $84,000 Per

Annum under Democrats 431-2

The Printing Swindle 431-2

The Greenville and Columbia Railroad Swindle— Wholesale Bribery 432-3

The Impeachment Swindle .* 433

The Blue Ridge Railroad Scrip Frauds 434

The Thieves' Agreement— The Ku-Klux Rewards— The Phosphate Steal 435

Armed Force and Constabulary 436

Petty Pilfering — Hardy Solomon's Claim 437

How the Plunderers were Finally Deposed 438

<3ARRIAGES, OFFICIAL:

For Department of Justice — Recommended by Garfield 144

Coup(5 and Rockaway for the White-House ..^ 495

The OflScial Carriage for the Pension Office

The Official Carriage of the Post-Office Department

•CASSANAVE, G. :

One of the Louisiana Returning Board — He Threatens Haj'es and Sherman,

who Pay him $1,750 to Keep Quiet 290

•CHARITABLE ASSOCIATIONS:

Gai-fleld Opposes Aid to them 265

INDEX.

PAGE.

CHINESE IMMIGRATION— GARFIELD OPPOSED TO ITS RESTRICTION :

Garfield's Letter of Acceptance 258

Burlingame Treaty— its Effect— Wren's Bill to Restrict— Willis' Report 259

Garfield Opposes it — Vetoed by Hayes — The Message — Garfield Votes to Sus-
tain the Veto 260

Morton Favors Chinese Suffrage 261-2

CINCINNATI GAZETTE :

What it said about Credit Mobilier in 1873 56

CINCINNATI PLATFORM {see title Ratfomi) 3

^'CIVILIZED" BULLDOZING

In Massachusetts and Rhode Island— Meetings of Manufacturers held to In-
timidate Voters 545

Operatives Intimidated and Discharged 546

How They Did it in Worcester, Mas.-^ 546-7

Bulldozing in Rhode Island 548

The Circular sent to Operatives — Companies' Agents take Charge of Polling

Places 549

CIVIL SERVICE REFORM:

Early Attempts at Reform in the Civil Service — Employees Assessed One Per
Cent, by Republican Congressional Committee, 1870— Secretary Cox De-
clines to Aid, and is Driven Out of Grant's Cabinet — The First Civil Ser-
vice Reform Committee — Its Work Fails for Lack of Executive Sympathy —
How the Civil Service Reform Plank got into the Republican Platform 278
Machine Politics — Garfield's Letter of Acceptance — Arthui- as a Civil Service

Reformer 279

Hayes as a Reformer — The Famous Civil Service Order No. 1 . . 280

A Sham as Described by the N. Y, Times— Sherman's Officeholders in

Mississippi , 282

Gorham Squeezes $106,000 out of Government Clerks— Where the Monev was

Spent : 284

€assanave, of the Returning Board, Threatens, and is paid $1,750 by Hayes and

Sherman 290

How the Returning Board Thieves and their Friends have been taken Care of .287-9

State Senators who Voted for Kellogg Provided with Officers 293

The Navy Yards Turned to Political Account 171

CIVIL TENURE:

Garfield favored the Law Preventing Removals by the President, and then

Favored its Repeal 266-9

COASTWISE TRADE :

Garfield against its Development 254r-5

COLORED SOLDIERS ROBBED 149

COMMERCIAL MARINE:

Garfield Opposes the Shipbuilding Interests of New England and the Revival

of our Commercial Marine .254-5

CONSTITUTION:

Thirteenth, Fourteenth and Fifteenth Amendments to 342

CONTRIBUTIONS, POLITICAL , 278

Two per cent. Levied on Salaries of Government Employees 284-5

CREDIT MOBILIER:

Garfield's Defense in 1880 55

His First Newspaper Statement, 1872 55

What the Cincinnati Gazette said, 1873— What the New York Tribune said,1873 —

Garfield's Sworn Statement — Oakes Ames wants to Shield Garfield 56

But Swears Garfield Got the Stock 57

Alley Corroborates Ames— The Talk in the Senate, 1867 — The Truth Comes

out by Degrees 58

That .$329 Garfield Got— Not a Loan 59

Ames' Memorandum Book and Check 60

Garfield's Tell-tale Figures— Ames Keeps them 62

History of Credit Mobilier and the Union Pacific Railroad 63

Garfield's Vote for the.Corporation — What the Bill Did— Washburne Tells the

Truth about it at the Time 64

Gai-field Votes for the Swindle '. 65

Over a Million Dollars the First Haul— The Legislation of 1867 66

The Poland Report on the Oakes Ames Contract ;. 67

Oakes Ames' Letters — " We Want More Friends in Congress " 68-9

The Fraud Exposed in 1868 69-71

Profits of the Credit Mobilier 74

Further Legislation Asked, and Gai-field Votes for it 76

The Scheme Exposed in the Senate 76-8

What the Facts Prove Against Garfield 78-9

What the Republican Newspapers said in 1873 79

VI INDEX.

PAGE.

CUSTOM-HOUSE, PORT OF NEW YORK (see Arthur, O.A.) :
DE GOLYER BRIBE AND DISTRICT RING:

Garfield Owned by the Disti-ict Ring 80

His Services Secured for the De Golyer Pavement — ^Parsons' Celebrated Letter

Announcing His Capture 80

History of the District Ring 81

The Market Swindle Reported on an Appropriation Bill 82

Millions Demanded from the United States 83-84

The Pennsylvania Avenue Job — Government Property Given Away 86-87

What Wine and Wassail Accomplished 87-88

The New Government Installed 88-89

The Cookes 89-90

Public Building and other Frauds 90-91-92

Shepherd and Babcock 92

The Judiciary Prostituted 94r-95

Large Schemes of Plunder — The Real Estate Pool, Wooden Pavements 97-99

The Ring Speculates on Information 99

Robeson and Landaulet Williams Get their Share 101

A Few Specimen Frauds 102

Letting Contracts and Fixing Prices 103

The Board of Public Works Investigated and Whitewashed. . . • 103-104

The Ring Captures Garfield 104-105

Parsons' Testimony about the $5,000 Fee 105

Testimony of McCIellan and Cook 105-106

Testimony of Jenkins 106

The Parsons' Letter Swoni to 106

The De Golyer Bribe Investigated in 1877 106

Testimony of Boss Shepherd 106-107

Nickerson Testifies about the Bribe 107

Garfield's Testimon")- 107-108

What the Testimony Shows 108

What Gai-field was Paid $5,000 for Doing 10&

He Attempts to Push an Appropriation Through the House in the' Sundry

Civil Bill 109

The Senate Adds the Rejected Item 110

Garfield Sei-ves the Ring in the Conference Committee 110

He is Deaf to the Cry of Citizens 110

Tries to Steal $1,241,920.42 for the Ring Ill

He Pleads for the Ring and Votes Away $3,500.000.00 112-113

Garfield Could Not Save the Ring 115

The Safe Burglary Conspiracy 116

The Report oi the Investigating Committee 117

The Indebtedness the Ring Created 118

The New York Independent Denounces Garfield 119

His Constituents Denounce Him 119

Record of a Suit in the Chicago Circuit Court 120-123

DEMOCRATS AND THE SOLDIERS :

Democratic Efforts for the Soldiers Thwarted by Republicans — What Hon.

John A, McMahon of Ohio said 344

Bill for Equalization of Bounties Passed the House, and Garfield Dodged the
Vote— The Bill was Killed in the Senate— Time for Filing Bounty Claims

Extended — Arrears of Pensions 345

How Garfield and other Republicans Fought it — He Insisted upon a Strict Ap-
plication of the Rules as Against the Soldiers' Interests — The Democratic

House Acts, the Republican Senate Refuses 346

Soldiers Indebted for the Arrears Bill to the Energy of the Democratic House—

The Appropriation Under the Bill 347

Republican Outrage on the Soldiers of 1812 — Republican Ingratitude to the
Widows and Orphans— James A. Gai-field among the Republicans who
Voted Against Pensioning the Widows and Orphans of the Soldiers

of 1812 ! 348

Grant's Rebuke to the Republicans — Leading Republicans Oppose the Bill—
The Bill Passes the House, all the Democrats Voting for it— But Mr. Gar-
field Dodged 349-350

An Effort to Protect Soldiers from Sharpers— The Bill Passes the House, but
is Pigeon-holed in the Senate— Artificial Limbs for Soldiers— A Republican

Wrong Righted by a Democratic House 350

Bill to Relieve Totally Disabled Soldiers— The Senate Imposes Conditions. .351-352

Relief Bills Passed by the House and Rejected by the Senate 352

Republican and Democratic Laws Contrasted 353

The Three Months Extra Pay to Mexican Soldiers 353-4

Soldiers Protected from Exorbitant Pension Fees , 354

INDEX. VU

PAGE.
DEMOCRATS AND THE SOLDIERS :

The Law for Filing Claims for Lost Horses and Equipments— It Passes the

House but Dies in the Senate 355

The Democratic House Rights the Wrong— the Republican Senate Refuses to

Act— The Rhode Island Case, a Specimen Brick 356

A Memorial from Discharged Soldiers and Sailors of the United States Alleg-
ing Violation of sections 1754 and 1755 of the Revised Statutes— Honora-
bly Discharged Soldiers Displaced by Civilians in the Custom-house at
Providence— What the Specific Allegations were— The Law Violated in

Letter and Spirit 357

Soldiers Kicked out of OflBce by Republicans to make Room for Civilians 358-9

Another Democratic Effort to secure Civil Employment for St>ldiers— Senator

Ingalls' Tribute to the Democratic House '. 360

Good Intentions of Democrats Defeated by Republican Senate 361

DEMOCRATIC ECONOMY AND REPUBLICAN EXTRAVAGANCE CON-
TRASTED 506-18

DEPARTMENT OF JUSTICE :

Frauds in 476

DISTILLERS :

Interests of Tax-paying Distillers opposed by Garfield— He Opposes Reduc-
tion of Taxes 256-7

DISTRICT OF COLUMBIA :

Comparative Expenditures in, under Democratic and Republican Rule 503

Mr. Garfield Responsible for Increased Expenditures 504-5

DISTRICT RING (see De Ooltjer Bribe) 80

DOG:

The Official Dog of the White House Placed on the Pay-roll as Watchman-
Fed at the Public Expense — Vouchers Certified by Babcock and Paid by

the Government at the Rate of $10 per Month 493

1:LECT0RAL COMMISSION, THE :

Garfield's Double Course ; Was one of the Visiting Statesmen to Louisiana ;
Garfield Opposed the Electoral Bill ; Declared it would Require the Commis-
sion to go behind the Retunis 186

As a Member of the Commission he voted against going behind the Returns ;

then goes back on himself 187

Mr. Hewitt on the Electoral Commission, and Gai-field's Inconsistency 187-8

Garfield as Chief of the Conspirators — Was Counsel, Congressman and Judge. 188
3:LECT0RAL FRAUDS OF 1876-7:

Report of the Potter Committee 296-323

Unprecedented Frauds in Florida and Louisiana— Federal Troops as well as

Visiting Statesmen Support the Returning Board in Louisiana 296

Federal Patronage used to Conceal the Frauds 297

Testimony as to the Frauds Uncontradicted 298

The Investigation in Florida 298-305

Electors ; How Appointed ; Power of State Canvassers 298

Unlawful Action of State Canvassers— The Entire Return from Manitee County
and Parts of Returns from Hamilton, Monroe and Jackson Counties exclu-
ded from the Count — Tllden Electors Meet and Cast their Votes 299

Action to try the Title of the Hayes Electors— Action to try the Title of Gov-
ernor— A Re-Canvass ordered by the Supreme Court — Drew declared

Elected Governor 299

Animus of Florida State Canvassers in Rejecting Votes and in Receiving Votes. 300
The Face of the Returns gives Tilden Electors a Majority — How it was Over-
turned—The False Return of Baker County 301

Bad faith of the State Canvassers— Howell made Collector of Port of Feman-

dina for his Share in the Fraud 303

Accuracy of the Precinct Returns— The Decision of the Electoral Commission 302-3

Ex-Gov. Noyes' Part in the Fraud— Dennis' Visit to him, and the Result 303-4

•Gen. Barlow Repudiates the Fraud 304

List of L^nited States Office-holders in Florida looking after the Returning

Board Canvass , 305

The Investigation in Louisiana 305-18

Supervisors of Registration — The Power of the Returning Board — The Color

Line Pretense — Why the Colored People Voted for Democrats 305-6

A False Census and Fraudulent Registration 306-7

Kellogg Appoints the Supervisors of Registration and other Election Officers —
The Result of the Election an Overwhelming Majority for the Tilden

Electors 307

Usurpation by the Returning Board ; Its Partisan Composition 307'r8

Pretexts for Returning Board Usurpation 309

Protests Secured against various Parishes 310

Vm INDEX.

I'AGET..
ELECTORAL FRAUDS OF 1876-7:

The Feliciana Conspiracy — Alleged Intimidation impossible 810-11

Returning Board Affidavits — Thirteen of the Witnesses called by Sherman

Retract their Testimony T 313"

Outrageous Injustice of the Returning Board — Entire Votes of Precincts

throAvn out 313^

Gen, Garfield Cooks up the Returns for West Feliciana — Necessity of Ad-
ministration Support 314

The Sherman Letter to Weber 315-16

List of Persons connected with the Canvass or Election or Negotiations in

Louisiana in 1876, subsequently Appointed to or Retained in OflSce 817-18

The Forged Electoral Certificates — Meeting of the Electors in Louisiana — The

first set of Certificates Rejected — New Certificates Forged 318

Electors' List of Dec. 6 and New List of Dec. 28 319

The New Lists Printed so as to Mislead — The Certificates secretly signed —

Forgery of Joffrion's and Levisee's Signature to the new List 321

Attempt to suppress genuine Certificates — The Fraud on the Electoral Com-
mission 323"

Hayes's Title based on Forged Certificates 322.

The Falsification of the Record 323

Tilden and Hendricks Elected — A Midnight Conspiracy Formed — The Conspir-
ators communicate with Grant 294

Grant informed of the Situation — Zach Chandler's Telegram, ",' Hayes has re-
ceived 185 Votes and is Elected" — The Visiting Statesmen — Gai-field goes

to New Orleans and becomes Chief among the Conspirators 295

ELECTION LAWS :

Davenport's Pecuniary Interest, and his Bill 195-6

History of Partisan Election Laws ; they originate in the Union League Club

of 'New York 190-4

The Marshal's Bill paid by the Order of Grant 196-8

No Necessity for Federal Election Laws 198

Senator Thurman's LTnanswerable Argument 214

What the Democrats Proposed to do 216

The Scum of New York and Philadelphia as Deputy Marshals 218-20

What the Federal Election Laws have cost the People 221

Garfield's Inconsistent Record — His Extraordinary Views 222-3

The Election Laws at Second Session, Fortj'-sixth Congress 225

Gen. Garfield suggests an Amendment 226>

His Amendment Accepted by the Democrats 228

Speaker Randall AVelcomes Garfield's Proposition 229

Garfield Goes Back on himself Squarely and Votes No 229-30

He Changes Front again but his Amendment is Passed 231-2

EMMA MINE (THE) SWINDLE : 398

ENGLISH, HON. W. H.:

Letter of Acceptance.

Indorses Platform — A Change necessary 6

CoiTuption of Electors — Centralization — Union under the Constitution.. . 7
Results of the War Accepted — Every citizen must be Protected — Restric-
tion of Chinese Immigration — The Public Credit to be Maintained and

Labor Elevated 8

Life of:

Parentage and Early Life — Admission to the Bar — Entrance into politics. 33-4
Early Appointments to Oflfice — Is made Secretary of the Constitutional
Convention of Indiana and Speaker of the House of Representatives. 35-7

His Services in Congress 37-43

His Course on the Kansas-Nebraska Bill 38-41

Popular Sovereignty 38

Against Secession — Speaks for the Union 45-

His Career as a Banker 46-7

Family Life , 49

Business Character , 50

EXECUTIVE MANSION :

Total Expenditures for from 1779 to 1876 499

Ofllcial Snobbery and Extravagance at the White House under Grant and

Hayes — ^Specimen Vouchers 493-498

EXPENSES OF THE WHITE HOUSE :

Under Democratic and Republican Rule 500

EXPENSES OF THE HOUSE FOLDING ROOM DECREASED BT THE DEMO-
CRATS 514

EXPENSES OF UNITED STATES COURTS :

Alarming Increase in the Past' Twenty-five Years 480

INDEX. IX

PAGE.

FRAUDS IN THE DEPARTMENT OF JUSTICE :

Free Rides, Free Tickets, Free Literature, &e 476>

Table of Expenditures for 1875-6-7-8-9 476-8'

Landaulet Williams Outdone 479^

Favoritism in the Enforcement of Judgments

FREEDMEN— HOW THEY WERE SWINDLED :

The Basest of all the Frauds 377-

Origin of the Freedmen's Bank 377-S-

Confined to District of Columbia Bill — Passes the Senate — Is not Engrossed as

it Passed the Senate 378

It Passes the House — Hon. Wm. S. Stenger on the Fraud 379

Garfield's Friends on the Finance Committee 380'

The Lie Printed on the Pass Books — Gen. O. O. Howard's Certificate — The De-
posits the Bank Received 881

The First National Bank of Washington acts as Agent for the Freedmen's

Bank 382

The Charter Violated — The Bank invest in Union and Central Pacific Bonds. , 383

A Note and Voucher — Shaving Business 384

Why the "Boys" of the District of Columbia Like Garfield — Mr. Cook intro-
duces a Bill which Passes Enlai-ging the Privileges of the Bank 386

The Seneca Sand Stone Company — List of Stockholders 386-7

How the Freedmen's Money was Stolen — Cheating the Bank out of $20,000 —

The Rogues not Prosecuted 389

Some of the Testimony Taken before the Bruce Committee 390

The Rotten Securities the Funds of the Bank were Loaned on 391

Some Specimen Loans on Real Estate 393

The Routine Business of the Bank 395

Cost of Winding L^p the Business — The J. C. Kennedy awd Other Loans 396

The Result of the Bruce Investigation 397

FREEDMEN'S BUREAU 37T

FOREIGN BORN CITIZENS :

Republican Discrimination against them 551

Extracts from Report of Senate Committee — Constitution of Rhode Island —

Article 11 551

The Number of Disfranchised Foreign-born Citizens 552

The Hardship of the Real Estate Qualification in Rhode Island 553

Union Soldiers Deprived of the Right to Vote ... 555

The Average Vote in each Congressional District 555

GARFIELD, JAMES A., RECORD OF :

Army Record ; 53^

Garfield as a Civil Service Reformer, 1877 54:

A Machine Politician, 1880 54

HIS RECORD AT LARGE.

1st. Credit Mobilier ; see Index under that head 55

2d. De Golyer Bribe and District Ring ; see Index undt^r that head 80

(«.) Decision of Chicago Circuit Court on De Goyler Bribe 120

3d. Sanborn Frauds ; see Index under that head 124

4th. Back Pay Grab and Salary Steal ; see Index under that head 131

5th. Indian Ring ; Garfield's Services to ; see Index under that hetid 139

6th. Encouraging and Defending Petit Larceny ; see Index under Petit

Larceny 143

7th. Gai-field the Champion of O. O. Howard ; see Index under Howard,

0.0 14T

8th. Black Friday Scandal ; see Index under that head 151

9th. Gai-field the' Friend of Robeson ; see Index under Robeson 158-

10th. Garfield Champions George F. Seward; see Index under Seward,

George F 18a

11th. The Electoral Commission ; see Index, Electoral Commission 186'

12th. Three Monstrous Grievances 189"

1st. Troops at the Polls ; see Index under that head — 2d. Partisan Jury
Laws : see Index, Jury Laws — 3d. Partisan Election Laws — see Index,
Election Laws.

13th. The Pacific Mail Steal ; see Index, Pacific Mail Steal 233

14th. The Moth Swindle ; see Index, Moth Swindle 240-

15th. General Garfield and the Laboring Men ; see Index, Laboring Men.. 244

^ 16th. Some of General Garfield's Votes 245-

17th. Garfield and General Shields ; see Index, Shields, General 250

18th. Garfield against Free Salt 250^

19th. Judgment of his Republican Constituents 251

20th. Garheld against the Shipbuilders of New England ; see Index, Ship-
builders 254

X INDEX.

PAGE.

GARFIELD, JAMES A., RECORD OF:

21st. Garfield a^^ainst the Taxpaying Distillers of his Own State 256

22d. General Garfield and Chinese Immigration ; see Indx, Chinese

Immigration 258

23d. Duty on Printing Paper 264

24th. Garfield's Opposition to Foreigners 264

25th. Religious Intolerance 266

26th. Civil Tenure 269

Garfield in Favor of Troops at the Polls 211

Garfield Defends Geo. F. Seward 182-5

Gai-fleld Dodged Vote on Equalization Bounty Bill 345

Works against the Arrears of Pension Bill 346

Against Pensioning the Mexican Veterans 362-3-4

Dodged Vote on Pensioning Widows and Orphans of Soldiers of War of 1812. . 350

Gai*field Responsible for the System of Moieties and Spies 126-8

Garfield Believes in an Official Aristocracy 145

GENERAL ORDER No. 40 17

GETTYSBURG, BATTLE OF 12-15

GOVERNMENT PRINTING FRAUDS :

Government Printing Office Established 459

Investigated by the Democratic House— Over One Hundred per cent. Profit. .49-60

What Republican Witnesses Testified to 461

Frauds in Purchasing Material— A. M. Clapp's Violation of Criminal Law-
Proven Guilty by his own Employees 463

Clapp is Rewarded by an Appointment as Public Printer 464

«RANT, GENERAL U.S.:

His Dog Kennel and other Luxuries at the White House 493-4

HANCOCK, GENERAL W. S.:

LETTER OF ACCEPTANCE.

Indorses Platform— The Thirteenth, Fourteenth and Fifteenth Amend-
ments Inviolable— No Centralization 4

Necessity for Economy and Reform in Administration — No Bayonets at
the Polls— Public Oflfice a Trust— Civil Service Reform— Public Credit
— No Sectionalism — Revival of Commerce — Will Defend the Union
and Execute the Laws Impartially 5

LIFE OF.

Ancestry and Early Life 9

Services in Mexico and in Florida War 9

His Patriotic Course in California in 1861 10

His Services in Warof the Rebellion 10-11

His Great Courage and Superior Generalship at Spottsylvania 11

Williamsburg 11-12

Gettysburg 12-15

Wilderness 15

His Record as Military Governor of Louisiana and Texas 16-25

His Celebrated General Order, No. 40 17

Message of President Johnson in Relation to General Order, No. 40 18

Letter to Governor Pease of Texas 19

Address and Motion in Babcock Case 26

Speech at Ovation Tendered him by the Citizens of Washington 27

Letter to General Sherman 29

GENERAL HANCOCK'S ORDERS.

Order Revoking a Summary Removal from Oflfice 531

Order Revoking the Order Interfering with the Selection of Jurors 532

Order Sustaining Jurisdiction of the Civil Courts 533

Order to Secure the Purity of Elections and to Prevent Military Interfer-
ence at the Polls 533

On the Stay of Civil Process 534

On the Trial of Offenders Against the Laws of the State 534

On Elections by the People 537

On Removal from Office without Judicial Investigation and Determination 537

Order Disclaiming Judicial Functions in Civil Cases 538

Concerning an Application b> a Railroad Company 538

Order Revoking Certain Instructions to the Boards of Registration in

Louisiana and Texas 539

Order for Convening a Special Civil Court for Trial of Criminal Cases 540

Concerning the Levy of a Special Tax 541

Relating to the Collection of Taxes 541-2

Letter to General Howard on the Usui-pation of the Freedmen's Bureau. . 542
HAYES, RUTHERFORD B.:

His Title to the Presidency based on Forged Certificates 322

He Removes Chester A. Arthur for Dishonesty and Incompetency 273

INDEX. XI

PAGE.

HAYES, RUTHERFORD B.:

His famous Civil Service Order, No. 1 280

Offlciall}' approves Gorham's Circular on Assessment of Office-holders 284

He Gratifies his Taste for Croquet, Crockery, Pic-Nic Carriages, etc., at the

Public Expense 492-8

He Rewards Returning Board Thieves and other Conspirators for giving him

Mr. Tildeu's Seat , 287-9

Pays Cassanave $1,750 to keep him from Squealing 290

He Vetoes the Appropriations for Marshals 210

He Vetoes the Little Deficiency Bill 210

He Vetoes the Act to Prevent Military Interference at the Polls i 224

He Vetoes the Marshals' Bill 232

He Vetoes Bill Restricting Chinese Immigration 260

HOWARD, O. O. !

Garfield the Champion of 147

The Freedmen's Bureau Inaugurated 147

Its Increased Power for Evil Advocated by Garfield 148

Colored Soldiers Robbed and the Government Swindled 149

Howard's Trial— Garfield Advocates Payment of $7,000 to Defend him 150

IMPEACHMENT :

Garfield's Record on 266

The Case against Belknap 405-9

INDIAN RING :

Legislation on the Subject — Garfield's Services to the Ring 140-1

Beck's Scathing Review 141

Garfield Deceives the House 142

INTEREST ON THE PUBLIC DEBT : 525

IRISH CITIZENS :

Resolution of Sympathy with them Opposed by Garfield 264

JEWELL, MARSHALL :

Another Ex-Cabinet Officer brought to Grief— The kind of Man Garfield

selected for Chairman of the Republican National Committee 487

Opinion of the Supreme Court of the United States in case of Allore v. Jewell. .487-91

JURY LAWS 189

KELLOGG, W. P.:

State Senators who Voted for Kellogg, provided with Offices 293

LABORING MEN :

Garfield Against Them — He Advocates Bill Cutting down their Wages 244

LAMAR, SENATOR:

Speech on the Negro Exodus 372

LETTERS :

General Hancock's Letter of Acceptance 4

Honorable W. H. English, Letter of Acceptance 6

General Hancock to Governor Pease 19

General Hancock to General Sherman 29

LIFE OF :

General W. S. Hancock 9

Honorable W. H. EngUsh 33

LOANING THE PUBLIC CREDIT TO CORPORATIONS :

Bonds issued to the Pacific Railway Companies — Interest payable by the
Ignited States 530

MEXICAN VETERANS:

Republican Insult to the Mexican Veterans '. 362

Resolutions adopted by the Associated Veterans of the Mexican War— They
invite the ex-Soldiers to Support Hancock— Garfield always Refused to do

Justice to these Brave Men 362

Legislation in Forty-fourth Congress— The House passes a Bill granting Pen-
sions to Soldiers and Sailors of the Mexican War— Republican Senate

KUls it 363

Legislation in the Forty-fifth Congress — Garfield shows his hand 363

He is recorded against the Bill on every Vote — Mexican Veterans must prove
themselves Paupers before the Republicans will Pension them 363-4

MEXICO, HANCOCK'S SERVICE IN 9

MORTON, OLIVER P. :

Favors Chinese Suffrage 261

His Opinion of Civil Service Reform 279

MOTH SWINDLE :

How Garfield, as Chairman of Appropriations, helped Cowles, Brega & Co. to

Swindle the Government 240

Denounced as a Job by the Cincinnati Gazette 241

Garfield's Correspondence with Belknap 242

The Profits— Where they Went 243

Xll INDEX.

PAGE.

NEGRO EXODUS, THE:

The Migration begins in 1878 — The Cause 371

False Promises held out to them 371

Republican Leaders seek to turn the Exodus to Partisan Account 372

Mr. Windom's Resolution in the Senate 372

Senator V oorhees' Speech in the Senate 372

The Movement on Indiana — The Exodus a Political Scheme 373

A Specimen Agitator for the Exodus 373

The Conspiracy to carry Indiana proved 374

Prosperous Condition of Negroes in North Carolina 375

What Mr, O'Hara, Republican Candidate for Congress, said 375

The Sad Stories the emigrating Negroes told 375

The Promises made them 376

Senator Lamar's Speech on the Exodus 376-

NEW YORK INDEPENDENT;

Denounces Gai-fleld's De Golyer bribe 119

NEW YORK TRIBUNE:

Exposes Garfield's share in the Credit Mobilier Fraud 5&

And in the Sanborn Frauds 130

ORTH, GODLOVE S. :

His Connection with the Venezuela Scandal 410

He is Forced to Abandon the Race for Governor of Indiana 414

PACIFIC MAIL STEAL :

Garfield's Part as Shown by the Record 233

How the Monstrous Steal was Put Through 234

General Garfield Advocates Amendment Increasing the Steal to $1,000,000 per

annum 235

The Committee of Appropriations Denounced by Democrats 235-6

Garfield Resorts to a Subterfuge 235-6

The House Rejects the Amendment— Garfield Votes for it 237

A Half-Million Steal 238

What Gai-field Didn't and What he Did Do 238

The Result— Amount Disbursed 239

PATTERSON, JOHN J. :

A Model Carpet-Bag Senator— His History as Told by Himself • 422

How he Kept Out of the Penitentiary— Racy Correspondence 422

Frauds in Railroad Scrip 434-5

PATRONAGE OF THE UNITED STATES GOVERNMENT 524

PEASE, GOVERNOR, Hancock's Letter to 19

PENSION OFFICE FRAUDS :

The Oflftce Turned Into a Political Organization 467

An Investigation Demanded by Mr. Harmer, a Republican 467-8

Before the Pension Bureau Became a Political Machine 468

Aftei' It Became a Political Machine 469

The ex parte Investigation System 470

Pensioners Dropped from the Rolls Without Notice 471

The Interminable Delays in Settling Claims 472

False Rating of Disability 472

An Expert's Testimony — A Sample Case of Favoritism 473

Chiefs of Divisions Contradict the Commissioner 474-5

PETTY LARCENY :

Encouraged and Defended by General Garfield 143

Garfield Defends Landaujet Williams 143

A Sixteen-Hundred Dollar Carriage — Garfield Believes in OflScial Aristocracy. 145

A Carriage for the Commissioner of Pensions 146

Visiting Cards and Printing the Same, $81.50 — Washing Towels for the Attor-
ney-General, $1,035.82 476-7-8

Dogs, Coupes, Rockaways, and Croquet Sets 493-5

PLATFORM OF THE DEMOCRACY :

Opposition to Centralization 3

Opposition to Sumptuary Laws 3

Separation of Church and State 3

Common Schools 3

Home Rule 3

Honest Money 3

Public Faith 3

Revenue Tariif 3

A Free Ballot 3

The Hayes Administration represents Conspiracy only 3

No Troops at the Polls, nor at the Count 3

The present Civil Service a Debauched System 3

Civil Sei-vice Reform Demanded 3

INDEX. XllI

PAGB^
PLATFORM OF THE DEMOCRACY :

The Great Fraud of 1876-7 Denounced a

Patriotic Acquiescence of Democratic Party 3-

Tilden's Patriotism Eulogized ". 4

Free Ships 4

No Discrimination in Favor of Corporations* 4

Public Money for Public Purposes 4

Public Credit for Public Purposes 4

Public Lands for Settlers only 4

Friend to Labor and the Laborer 4

Chinese Emigration to be Restricted .' 4

Democratic Economy 4

Thorough Reform Demanded 4

PLUNDERING THE SOUTH:

What Radical Misrule has Cost the People of Eleven States 439-41

History of a Carpet-Bag Government 421

POLAND REPORT 55

POLITICAL ASSESSMENTS 278

POSTAL FRAUDS (THE):

The Mismanagement, Profligacy and Corruption in the Post-OfRce Depart-
ment r. 44^

Straw Bids 443

The Case of Peterson — His Methods 445-

Barlow, Sanderson & Co 446

Their Corrupt Use of Money 447

Postmaster-General Creswell's Little Game 448

Fifty Thousand Dollars Employed to Divert an Investigation 44S

How bona fide Bidders are Disposed of 449

The Manner of Advertising Routes 452

Another Investigation — Senator Dorsey's rake 453

Sample Contracts 454

General Brady's Impotent Defense 457

POST OFFICE DEPARTMENT:

Petit Larcenv— *2(),0()<) a Year Paid for the Publication of the Post-Office Guide 458:
PRESIDENTIAL LUXURIES :

Official Snobbery at the White House 492;

The Official Dog, the Official Carriage, the Official Croquet Set, Official

Crockerv etc. — all at the Expense of the Tax-payers 493-498

Expenses of White House from 1779 to 1876 499'

Expenses of White House under Democratic and Republican Rule— a

Comparison 500

PRINTERS, GOVERNMENT:

Garfield Advocates Bill to Cut Down their Wages 244

PRINTING PAPER— DUTY ON:

Garfield favored its Increase from Three to Fifteen Per Cent 264

PRIVATE CLAIMS AGAINST THE GOVERNMENT 338^1

Committee on Reform in the Civil Service Report An Act Providing for the

Judicial Ascertainment of Claims against the United States 338-9-

The Bill Passes the House— Killed in the Senate 339-40

Claims Allowed as per Secretary of the Treasury's Letter 340

Statement of Amount Expended for Claims for Quartermaster and Commis-
sary Supplies 341

PUBLIC BUILDING FRAUDS:

The "Kitchen" Cabinet Discover a Bonanza — Jobberv in the Supervising

Architects Office .' 46&

The New York Post-Office— The Boston Post-Office 465-466

PUBLIC CREDIT LOANED TO CORPORATIONS 530

PUBLIC DEBT— PRINCIPAL AND INTEREST 525

REBEL BRIGADIER (THE) :

Good enough ifhe Votes the Republican Ticket, but very Bad if a Democrat. 365-370

Wounded Soldiers on the Rolls of a Democratic Senate 365

The Men Republican Legislatures sent to the Senate 366

Rebel Brigadiers Appointed to Office by Republicans 367-370'

REFORM :

Impossible under C. A. Arthur 272.

REFORM IN CIVIL SERVICE :

See " Civil Service Reform" 278.

See " Arthur, Chester A., Civil Record" : 269

RELIGIOUS INTOLERANCE :

Garfield opposes Aid to Catholic charities 266'

REVENUE FRAUDS 271

XIV INDEX.

PAGE .

ROBESON, GEORGE M.:

The Secor Claims 158-160

How they were Paid in full ; and again Paid 159

Millions Squandered and no Navy 162

Investigated by Democratic Hquse 163

How the Cattells Divided with Robeson 164

How they Sold Robeson to Contractors 165-167

Robeson puts the Navy Fund where it will do the most Good 168-169

Jay Cooke & Co. come in for a Slice 170-171

Navy Yards turned into Political Machines 171

Ships of the United States Broken up and Sold for a Song 173-174

Garfield Opposes Investigation— he Filibusters to save Robeson 174-175

Investigation subsequently made by Democratic House. What it Revealed. . . 175

Millions made by " procurers" 177

Report of the Committee 177-178

Garfield again Prevents an Investigation 179

SALARY GRAB AND BACK-PAY STEAL :

How it got into an Appropriation Bill 131

Garfield Responsible for its Passage— His Trickery and Double-Dealing 132

After Feigning Opposition to the Bill, He Votes Squarely for It 136

The Amount Stolen 137

Garfield Took the " Swag," Kept it Six Weeks, and was Forced by Public

Clamor to Cover it into the Treasury 138

Congress Forced to Repeal the Law 137

SALT :

Gen. Garfield Opposes the Repeal of Duty on Salt 250

SANBORN FRAUDS :

History of the Sanborn Frauds ., 124-30

Garfield forces the Passage of the Infamous Moiety Contract Law 126-8

Investigation by Committee of Ways and Means Discloses the Frauds 128

The law Repealed, but Repealing Act Violated by Sherman 129

N. Y. Tribune Exposes Garfield°s Share in the Sanborn Frauds 130

SAN DOMINGO JOB (THE) :

Grant's Interest in it 415

Gen. Babcock goes to San Domingo— The Arrest of Davis Hatch 416

Raymond H. Perry Interferes and gets into Trouble 417

The Attempt to Kidnap Perry— The Annexation Scheme Falls Through 420

SCHURZ, CARL :

His Administration of the Indian Bureau 484

Enormous and Wasteful Expenditures 484-6

Hayt's Villainy— Cost of Schurz's System of Dealing with the Indians 485

SEVENTY-TWO YEARS FROM THE BEGINNING OF THE GOVERNMENT
TO 1861 COST LESS THAN TEN YEARS OF REPUBLICAN EXTRAVA-
GANCE SINCE 1867, THE ERA OF EXTRAVAGANCE INAUGURATED
BY THE REPUBLICANS 506-7

SEVEN YEARS OF DEMOCRATIC ECONOMY CONTRASTED WITH SEVEN
YEARS OF REPUBLICAN PROFLIGACY, |;1.94 PER CAPITA UNDER
PIERCE AND BUCHANAN, AND $3.45 PER CAPITA UNDER GRANT.509-510

SEWARD, GEO. F. :

Garfield Filibusters to Prevent His Impeachment 180

How Seward Robbed the Government 181

Garfield Defends Seward's Roguery, and finally Succeeds in Preventing His
Impeachment 182-5

SHERMAN, GENERAL:

Hancock's Letter to 29

SHERMAN, SECRETARY:

His first Report to Congress about Arthur 271

He Violates the Law Repealing the Moiety Act 129

SHERMAN'S PET BANK :

He gives the First National Bank of New York a Monopoly of the Four Per
Cent. Bonds — A Disgraceful History — How the Government lost

$115,000,000 481

The Pet Bank helps to elect Foster Governor of Ohio 482

The Visiting Statemen get $5,000 from this Bank 483

SHIPBUILDERS OF NEW ENGLAND :

Garfield Speaks and Votes against the Revival of our Commercial Ma: iue... 254

The Bill Presented by Mr. Lynch, of Maine 254

Mr. Garfield Votes against it 255

SHIELDS, GENERAL :

Garfield's Ingratitude to a Veteran of Three Wars— A Bill introduced to Place
Gen. Shields on the Retired List— Garfield Votes against it 250

SOLDIERS {see the Democrats and the Soldiers) 344

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INDEX. XV

PAGE.

SOUTHERN CLAIMS {see War Claims) 33a

SOUTH CAROLINA :

How the State was Plundered 421

A model Carpet-Bag Legislature 427

Wholsale Bribery 433

How the Thieves were Driven out 343

SQUANDERING THE PUBLIC DOMAIN :

Land Grants to Corporations and Monopolies by the Republican Party 528

Total Valuation $736,895,000 529

STATEMENT OF EXPENDITURES OF THE UNITED STATES FROM 4th

OF MARCH, 1789, TO JUNE 30, 1880, INCLUSIVE, BY YEARS 521

SUBSIDIES, LAND GRANTS :

Loan of Government Credit 330

TABLE OF CIVIL LIST, NET ORDINARY EXPENDITURES 52a-

TAXATION :

Garfield Opposed to a Reduction— He Votes Against Relief to Tax-Paying

Distillers 256-7

TERRITORY OF THE UNITED STATES :

How, When and Under what Administrations it has been Increased 52&

The Area Acquired by Democrats 527

TREASURY BOOK-KEEPING :

How Balances are Forced 327

The Revenue Diminishes— Millions of Dollars Difference between the Secre-
tary, Treasurer and Register as to Cash in the Treasury— The Public Debt

Statements 328

How it is Manipulated about Election Time 329

Erasures and Mutilations— Leaves Cut Out 329-30

The Secretary Violates the Law - 330-1

Pacific Railroad Debt— Fictitious Warrants 331-2

TROOPS AT THE POLLS :

History of Troops at the Polls 192-4

Troops at a New York Election— Belknap's Order 199-

N. Y, Tribune^ s Account — Governor Hoffman's Eloquent Protest 200

Troops in Pennsylvania, and Governor Geary's Protest 201

Use of Troops in Virginia Defended bv Grant 201

Durell's Order, and what the Senate Committee Said of It— What Followed

the Infamous Order 202

Daniel Webster on the Use of Troops 203

Mr. Evart's Eloquent Protest 204

Carl Schurz on the Use of Troops 204-5

W. H. Seward on the Use of Military at the Polls 205

Republican Inconsistency 206

Garfield's Devious Course — He Goes Back on Himself 207-8

The Revolution Garfield Dreads 209

A Rider Garfield Voted For 210

Admits he is in Favor of Troops at the Polls 211

TROOPS AT THE CAPITOL :

During Electoral Count— Brought There to Intimidate Congress 29

TWELVE l^EARS OF FRAUD, PECULATION AND PLUNDERING 398

UNION PACIFIC RAILROAD :

HistoiT of ; see Credit Mobilier 55

Land Grant 528

Loan of Government Credit to 530

VENEZUELA SCANDAL:

The Commission for Adjudicating Claims against the Republic of Venezuela 410

Suspicious Circumstances 411

Minister Stillwell's part in the Conspiracy ^ 411

Total Amount Stolen 412

Godlove S. Orth Takes a Hand 413

How Orth Earned his Money 411

The Contrast— The Democratic way of Dealing with Fraud 414

VETO BY HAYES OF BILL RESTRICTING CHINESE IMMIGRATION 260

APPROPRIATIONS FOR MARSHALS 210

LITTLE DEFICIENCY BILL 210

ACT TO PREVENT MILITARY INTERFERENCE AT

THE POLLS 224

VOORHEES, SENATOR D. W.:

Speech by, On the Negro Exodus 372

VOTES, SOME OF GARFIELD'S :

Railroad Land Grants 245-6

Votes in the Interest of the Whiskey Ring 246

Steamship Subsidies 246

ILVl IKDEX.

PAGE.

YOTES, SOME OF GARFIELD'S :

Printing Frauds 247

The Choctaw Claim 247

Votes Against Soldiers Interests .' 347

Pensions to Soldiers of 1812 247-8

Pensions to Mexican Soldiers 248

Duty on Printing Paper, Sugar, Coal 248

San Domingo 248

The Chinese Question 249

No Sympathy for Ireland 249

Muzzling the Supreme Court 249

Votes for President and Congress 557

WAR CLAIMS :

The Republican Cry against so-called Rebel Claims , 333

Democrats Opposed to Paying Them 333

All of these Claims are Forever Barred by the Constitution of the United States 333

Claims < f " Lojal Citizens" not Barred by the Constitution 333

Amounts Allowed by the Southern Claims Commission 334

Republican Slanders Refuted by Mr. Davis, of North Carolina 335-7

WHISKY RING, (THE) :

The Ring Controls the Republican Administration 400

Why Grant was Suspected of Complicity 401

Milwaukee Whiskv Ring ". 401

The White House and the Ring 402

Gen. Babcock's Complicity in the Whisky Frauds 403

WHITE HOUSE :

Expense under Democratic and Republican Rule , 500

Snobbery at the White House under Republican Rule 492

How the People are Taxed to Pay for Dogs, Carriages, Croquet Sets, and other

Luxuries for the White House 493-498

Total Expenditure for White House from 1779 to 1876 499

WILLIS' REPORT ON CHINESE IMMIGRATION 259

W^REN'S BILL TO RESTRICT CHINESE IMMIGRATION :

Action of House and Senate thereon — Garfield Opposes it 259

JK Democratic Party. National

2312 Committee, 1880-1884
1880 The campaign text book

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