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A bill (H. R. No. 1249) granting a pension Mr. HARLAN. I would state for the inform- in their own hands, and it is not best for us to to Margaret C. Long; ation of the Senator from Kentucky, that a

meddle with this matter. A bili (H. R. No. 1250) granting a pension change in the post office is completely within Mr. THAYER. My regard for the Presito James Rooney ;

the power of the President of the United , dent prompts me to appeal to my friend from A bill (H. R. No. 1251) granting a pension States and a majority of the Senate of the Indiana and my friend from Kentucky not to to Charles Hamstead;

United States. If in his opinion and that of press this amendment. The President bas it A bill (H. R. No. 1252) granting a pension the President and a majority of this body the in his power to remove the postmaster if it is to the minor children of Garrett W. Freer; two offices are incompatible, the remedy is incompatible in his view for that gentleman to

A bilt (H. R. No. 1253) granting a pension completely within the control of the political || hold tro offices. By pressing this amendment to Julia L. Doty; and

friends of the Senator from Kentucky, if a they do in my judgment rellect upon their A bill (H. R. No. 1254) granting a pension majority of this Senate approve it.

political leader, the President; and I should to Frances M. Webster.

Mr. DAVIS, I ask the honorable Senator regret to see them do it. Therefore, ont of Mr. VAN WINKLE. Here are fifty pen- if the othce of mayor, in its dignity and duties, regard to the President, I hope the Senator sion bills just sent to us from the House of is not quite enough for one reasonable man? from Kentucky and the Senator from Indiana Representatives. There are twenty more lying I think, from the Senator's reference to the will not press this amendment. in ihe committee, making seventy, and there condition of affairs and of society in this city

Mr. HENDRICKS. I did not know that are about eighty on the Calendar. I ask the a short time since, this mayor would have the Senator from Nebraska held the views he Senate to give me some day next week for the as much as he could possibly do, and do well, has just expressed. I thought he regarded the purpose of taking up these bills. Some of to regulate the affairs of the city and to keep tenure-of-otlice bill as constitutional and hav. them have been on the Calendar since last Feb. in peace and order the population of the city | ing the legal force of any other law; but I now ruary. I ask, if there be no objection to that of Washington. I think it is quite reasonable perceive that he does not believe that law to suggestion, that Tuesday next, after the mora- to restrict the mayor to that office. I ask the be constitutional and to have legal force, for ing hour, be set aside for the consideration of honorable Senator is there any propriety, any the reason that he says the President can turn bills from the Committee on Pensions. fitness, any proper policy in the mayor of the this man out of the office of postmaster. If

Mr. MORRILL, of Maine. I do not like to city of Washington holding at the same time the tenure-of-otlice bill be the law of the land, agree to that. I want to ask the attention of the place of postmaster of the city?

if it be constitutional, the President has not the Senate to the legislative appropriation bill Mr. HARLAN. If the Senator desires my that power, and the Senator from Nebraska on Monday.

opinion for the purpose of guiding his action, knows it very well. If that be the law, the Mr. VAN WINKLE, I will say Wednesday, I of course am bound in courtesy to give it. President of the United States is no longer if that will be more convenient; and as I have Mr. DAVIS. I do not want it for any such responsible for the efficiency of the public serhad two days set aside heretofore for these bills purpose as that. [Laughter.). I do not per: vice--that rests upon the Senate. By that law and got the benefit of neither, I hope the Sen. mit you to guide my action in any way.

I the President can turn out of office no man ate will stick to me this time. I will say Wed. wanted to know if a special appeal upon a who holds office by his appointment with the nesday.

principle of reason and justice and propriety, consent of the Senate, unless the Senate conMr. MORRILL, of Maine. I take this would be acknowledged by the honorable Sen- eurin the removal. So that the Senate has vol. occasion to give notice that on Monday I shall ator, not to guide my action, but merely to untarily taken upon itself the responsibility of ask the Senate to consider the legislative appro. ascertain what his judgment would be upon it. the efficiency of the executive service, and the priation bill.

Mr. HARLAN. Well, Mr. President, I will Senator from Nebraska cannot say that the Mr. VAN WINKLE, I hope the Senate state that if any gentleman can with propriety i President can turn this man out. He cannot do will agree to the motion which I have made, hold these two offices at the same time, I have it. No Senator need go to the President and say that Wednesday next, after the morning hour, no doubt that the mayor of Washington can, to him that he can do it, because if he underbe set apart for the consideration of bills He is a gentleman of very high character, of takes to do it without the pleasure of the Senreported from the Committee on Pensions. a high order of talent, high cultivation, and ate being expressed you say he is liable to The motion was agreed to.

I have discovered no incompatibility in the impeachment, and you propose to impeach CONTESTED ELECTIONS IN WASIIINGTON CITY. law, nothing to prohibit the same person hold- him if he does that which the Senator from Mr. HARLAN. I move now to continue

ing both these offices; and if any one could Nebraska says he can do. the consideration of the District bill.

with propriety do it I have no doubt the Mr. President, the reason I have called for The motion was agreed to; and the Senate mayor can.

the yeas and pays on this question is that I

Mr. DÁVIS. That is a very good answer. resumed the consideration of the bill (S. No.

think it ought to be the setiled judgment of It is rather an admission that no man can with 534) relating to contested elections in the city

this country that the same man ought to hold of Washington, District of Columbia.

propriety hold the two offices, as I understand but one office; an important office should reThe PRÉSIDENT pro tempore. The ques.

it; and it that be the meaning of the honorableceive his entire attention. There is no protion is on concurring in the amendment made Senator, I fully accord with him.

priety that we should thus heap upon any man

Mr. HENDRICKS. as in Committee of the Whole,

On this question I will honors and emoluments of ottice. And I will The amendment was concurred in.

ask for the yeas and nays. I should like to say to the Senator from Nevada, that in DemMr. DAVIS, I offer this amendment as an

kuow whether it is the judgment of the Senate ocratie times it was made the law of the Uni

that the same party should hold more than one additional section ;

ted States, and it still stands upon the statuteoffice with the emoluments. I think it is a And be it further enacted, That the mayor of the

book, that the same man shall not receive a city of Washington shall not hold any other office or

principle that governs throughout this country | salary for more than one office of Executive place of trust, honor, or profit under the United ihat an individual should be satisfied with one appointment. States in the District of Columbia or elsewhere. otlice.

Mr. NYE. More than one Federal office? My reason for presenting the amendment is Mr. NYE. I suppose the objection both by Mr. HENDRICKS. Certainly, one Federal that I understand the mayor-elect is the post- the honorable Senator from Kentucky and the office; so that the view of the country as ex: master of the city, and, in addition to that, is a honorable Senator from Indiana to this indi. pressed in Democratic times is that one man clerk of the Senate. I have heard it said that vidual holding two offices, arises from the fact ought to have but one office; and if you want he was a sort of omnium gatherum in relation that he is a Republican. I have never under- to pile the honors upon any one man and give to offices. How many other offices he may stood that there were too many offices for a hold besides those I have named I am not Democrat to hold if he could only get them ;

him the profits of different offices we shall

have the expression of the judgment of the informed; but, as I suppose, this is piling up but I submit to the honorable Senator from Senate now on this amendment. the agony rather too high. If he is to be Kentucky whether it is not better to let one Mr. NYE. I simply want to ask the honor. mayor his duties ought to be restricted to that Republican hold two offices than it is to have able Senator from Indiana, who is au fait office, and he ought not at the same time to be two Republicans in the two offices. Does not upon all these questions of Democratic princiallowed to hold the office of postmaster of this that suit him better?

ples, whether that law was passed in Democity and of a clerk in the Senate. I do not Mr. DAVIS. A still better rule than that, cratic times and by Democratic votes alone. know, if he is thus tolerated, how many other if the honorable Senator will permit me to It has always been the law, I think, ever since offices bis voracious maw may take into it respond, is to allow neither of them to hold an I can remember, that a man cannot receive pay under the indulgence of the Senate. I think oflice. (Laughter.)

for more than one Federal office at the same the amendment ought to prevail.

Mr. NYE. That, I suppose, is the truth of the time. But, now, I want to ask the Senator if Mr. HARLAN. I rise merely to correct an case, both in the mind of the honorable Sena- there is not the same impropriety in holding error of the honorable Senator from Kentucky. tor from Kentucky and the honorable Senator two offices that there is in being nominated for I understand that the present mayor of the from Indiana. I take it for granted, however, two at the same time, taking the chances of city is not an officer of the Senate at this time. that their great leader can correct this evil. two; if the man succeeds in one very will; if He was, I believe, acting as disbursing clerk He will do anything that they desire. The hon he does not, he falls back on the other. Is of the Senate preceding his election to the orable Senator from Indiana has but to wave that quite right? If this amendment is to preoffice of mayor, but on his election to the lat- his hand and there can be a vacancy in the vail, should there not be an amendment that ter office he resigned the former, and is not post office in a minute ; and if the honorabie no gentleman in this Senate, Democrat or Re: now an officer of the Senate.

Senator from Kentucky would go in person, publican, should be a candidate for nominaMr. DAVIS. Then the honorable Senator the Executive, from his neighboring State, ition to two offices at the same time; for

instance, informs us that the mayor has dropped one of would be too happy to relieve Mr. Bowen from the office of Governor of a State and President his offices. Task him whether he does not hold that responsibility. Having strong claims on of the United States. It seems to me absordon to the other, the postmastenship of this city. Il the Executive, I think they have

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jest for us law to wbich the honorable Senator so strictly election of mayor, and shall return one to the board but if I am mistaken in that the honorable of aldermen and the other to the board of common

Senator may readily provide a proper remedy, adheres.

council, on the Monday next ensuing the election; Mr. THAYER. Mr. President, I am one and the person having the greatest number of votes and that should be a provision to epable a of those who labored under the delusion that shall be the mayor; but in case two or more persons, contest between these aldermen, these con

highest in vote, shall have an equal number of votes, the President of the United States had not the

then it shall be lawful for the board of aldermen and testing aldermen or candidates for alderinen, right or the authority to remove incumbents the board of common council to proceed forthwith,

and the contesting candidates for mayor to be of offices without the sanction of the Senate; by ballot, in joint meeting. to determine the choice | brought before a court and to be decided upon

between such persons. The mayor shall, on the Monsentitzea and I am one of those who also labored under

day next ensuing his election, before he enters on the

the facts according to the law in force at the antendre

the innocent delusion of believing the tenure- duties of his office, in the presence of the boards of time the election took place. What objection can of office law constitutional. I believe it to-day. aldermen and common council, in joint meeting, there be, if any legislation be needed upon the

take an oath, to be administered by å justice

of the nd I see But, sir, my recollection takes me back a

peace, lawfully to execute the duties of his office, to subject, to that course, I ask the honorable tore, couple of weeks since when the Senate declared

the best of his skill and judgment, without favor or Senator from Iowa? the eart that the President was not bound by that law. partiality!"

Mr. HARLAN. The committee attempted That was the decision, in fact. The Senate

Mr. FESSENDEN. What is the provision to provide the very remedy. If the Senator declared, by a vote of 19 to 35, that the Pres- in regard to ascertaining who are elected alder- from Kentucky will allow me, I will read from ident bad the right to make a removal. men and common councilmen ?

the fourth section of the bill. the ne

Mr. DAVIS.Do I understand the honor- Mr. HARLAN. I will read the law on that Mr. DAVIS. I have read it. But why regarda able Senator to acquiesce in that decision ? subject:

intervene other remedies? Why not leave the Mr. THAYER. No, sir; I do not. I most

• Immediately on closing the polls, the said com- parties to their prima facie and final rights : bolu emphatically exercise my private right of con- missioners for each ward, or a majority of them, under the law just as the law existed when the demning that decision, and I as emphatically || shall count the ballots, and mako out under their hands and seals a correct return of the persons hav

election took place, and let this provision for indorse the decision of the thirty-five who

ing the greatest Dumber of legal votes for members a judgment as to the rights of contestants declared that he had not the power to make of the board of aldermen and for members of the before the courts go into operation with the

board of common council, respectively, together with
removals except by the consent of the Senate.
the number of votes given to each person voted for;

officers holding their respective offices accordBut, sir, that decision having been made as it

and the persops having the greatest number of votes ing to their returns, as the law existed at the was, I could say to my Democratic friends on forthe two boards, respectively.shall be duly elected; time the election took place? this foor who helped to pronounce that ver: and, in all cases of an equality of votes, the commis

Mr. HARLAN. I attempted to explain that

sioners shall decide the choice by lot. The said reelem dict of acquittal, that from their standpoint it turns shall be delivered on the day succeeding the

a few minutes since. The law as it now stands is unnecessary to make this motion here, election, who shall cause the result of the election to

provides, as to the board of aldermen and the because, from their standpoint the President

be published in some newspaper printed in the city
of Washington; a duplicate return shall, together

board of common council, that each board has the right and the power to make the re- with a list of the persons who voted at such election, shall judge of the legality of the elections, moval. I was speaking for them; and if they also to be made on the day succeeding the election, returns, and qualifications of its own members, will accept my kind offices and good will I

to the register of the city, who shall preserve and
record the same, and shall, within two days there-

and shall supply vacancies in its own body,'' &c. will ask them not to put the President in a after, notify the several persons so returned of their

I find in the law no other mode of trial except false position nor reflóct upon him by under- election."

a trial by the board itself of the qualifications taking to pass a motion here which would, in It will be seen, therefore, that in the case of and elections of its own members. effect, declare that the President did not do the mayor no certificate or notification is given Mr. DAVIS. This is the suggestion which

other than the returns of the commissioners I make to the honorable Senator, that his bill Mr. HENDRICKS. I will ask the Senator || of election for each of the wards to the board shall simply provide for the decision by the &. question, with his permission, before he takes | ofaldermen, and also in duplicate to the board courts of the rights of the different claimants his seat, whether he now repeats the proposi- || of common council, whereupon he is required to this office; let the mayor go into his office tion that the President has the right to remove to take the oath of office and to enter on the under his return as the law existed at the time the present postmaster of the city of Washington | discharge of his duties.

the election took place; let the aldermen go into of bis own motion? Has he that right?

Mr. FESSENDEN. Does not the out-going office on the prima facie returns just as the law Mr. THAYER. Without the consent of the mayor declare the votes for his successor? regulated the returns of the election at the time Senate?

Mr. HARLAN. Not at all. The returns the election took place; and let this bill simply Mr. HENDRICKS. Has the President that are made directly, in duplicate, to the board provide that if the candidate who is not inducted power to remove ?

of aldermen and to the board of common into the office of mayor believes that he is entiMr. THAYER. Not accordiug to my view; || council.

tled to the office, there shall be a remedy for but if the decision of the Senate on the impeach- Mr. FESSENDEN. Of the preceding year? that candidate who believes he was elected but ment case was correct, which I deny, then I Mr. HARLAN. The existing board of who did not get the return to enable him to should admit that he had the power. But I

aldermen and councilmen. In the case of contest his right in court. At the same time, will say seriously—and I have been serious, as aldermen and councilmen it will be seen that let the bill provide that the aldermen who remy friend from Indiana has been, all the way it is contemplated that duplicate returns shall ceived returns of their election according to through-that if the President deems it inconi- be made to the mayor, who may be the out- the law in existence when the election took place patible with law or propriety for this officer to | going mayor, if he should not be reëlected, shall go into office; let it further provide that hold the office of postmaster of this city while and also to the register of the city, who is the candidates who contest the right of those he is mayor, he can send in a nomination of a made the custodian of the election records, aldermen to their seats shall have a remedy in successor to him in the post office, and give and whose duty it is made to notify each party court to decide which has the better right. the reasons for making the proposed removal. elected of his election.

That would be even-handed justice between Mr. NYE. Allow me to make one statement.

Mr. FESSENDEN. Has that not been these parties. The Senator from Indiana (Mr. It is a well-known fact that the commission of done in this case ?

HENDRICKS] stated clearly and distinctly that Mr. Bowen as postmaster expired long ago.

Mr. HARLAN. It has been done in this here was a proposition to establish a different There is nothing in the law to which the Sena.

rule for the induction of those candidates into tor from Indiana alluded to prevent Mr. John

Mr. DAVIS. The law read by the honor- the different offices. In the one case, it is son from trying to remove him. He is subject | able Senator, as I understand it, makes no proposed to induct the mayor on the returns to the will of the Executive. His commission special provision for a contested election. made by the officers whose duty it was to make having expired, he is only holding on until a Mr. HARLAN. There is a succeeding | returns of his election under the law as it successor is appointed. The President is at

clause which provides that the board of alder- existed at the time of the election. Nobody liberty to try to fill the place at any time.

men and the board of common council shall objects to that. As I understand, the Repub. The PRESIDENT pro tempore. The Sena- be the judges of the elections and qualifica- lican mayor has received such a majority, and tor from Indiana has called for the yeas and tions of their own members, it being, I think, he has been inducted into office. If the nays upon the amendment of the Senator from a copy substantially of the provision of the opposing candidate desires to contest his right

Constitution of the United States relating to to the office, let the honorable Senator's bill yeas and nays were ordered.

the Senate and House of Representatives. provide a remedy that will enable the contestMr. MORTON. I desire to ask the chair

Mr. DAVIS. I will inquire of the honor- ing candidate to make the issue in court, and man of the committee a question or two for

able Senator if that clause makes them the that will allow the mayor who received the information. First, I ask him what officer, as final and conclusive judges ?

returns to remain in the office and execute it the law now stands, has the right to certify as

Mr. HARLAN. I think so. The Senator until that contest is decided in court. So of to the result of the vote; and second, I ask

rom Indiana (Mr. HENDRICKS] has the law in the aldermen. As I understand, a portion of the him whether there is now, under the law, any his hand.

aldermen bave received their returns accordprovision for which a contested election can be Mr. DAVIS. I suppose, though, that the ing to the law as it existed when the election tried, and it can be ascertained what candidate matter is left to be governed according to the took place. Let them go into office and take or candidates received a majority of the votes ?

general rale. If there are two candidates for upon themselves the exercise of its duties just I should like to know the condition of the law office, and one of them is installed into the as the mayor did upon the returns of the proper now upon these questions.

office, and the other believes that he is entitled officers of the election; and if the opposing Mr. HARLAN. I can answer the Senator to it because of having been elected according candidates believe that they are entitled to the best by reading the law in relation to the elec- to the law, the latter has the right to assert office, and that those men in whose favor the

his claim to the office in a court unquestion- returns were made are not entitled to the office, make out duplicate certificates of the result of the ca The commissioners hereinafter mentioned sballably. I suppose that that general law applies let the honorable Senator's bill provide that

to the election of mayor and aldermen here; the men who did not get the returns, but who 40TH Coxo. 20 SESS.-No. 196.




tion of mayor:

claim the office, shall contest their right in receives in one office, shall not be permitted This law was enacted defining those qualificourt just as a contestant of the mayor is to receive a salary in another or two other cations of electors after the registry was made, authorized to assert his claims in court. offices. That I understand to be the principle, and before the votes were taken. On the day

Mr. BUCKALEW. Mr. President, as I do and I suppose it is a very proper principie, at of the election, in the fifth ward, and perhaps not intend to vote for this amendment, I will least it has been sustained by the Senate and in other wards, soldiers connecied with some state in a word my reasons. The facts seem I believe by the House of Representatives at of the regiments-I think chiefly the twelfta to have been misunderstood. Mr. Bowen was the present session of Congress. The Com- | infantry--who had been previously registered, called into the office of the Secretary of the mittee on Claims have had presented to them presented themselves as voters and claimed the Senate, as I happen to know, for a temporary and have considered various claims in cases right to vote. The judges of the election repurpose in connection with the investigation where officers of the Government receiving a ceived their votes, but inarked the votes and into the accounts of the late Secretary, with no fixed salary were called upon pro tempore or checked them, believing them not to be legal design or desire of remaining here, and he ad interim to perform the duties of other offices. voters, When the election was concluded, as actually left after the particular duty that he || They bave asked for compensation for the per- I understand, the whole result was first certihad undertaken was discharged. As to this formance of the duties of the other offices to fied up to the mayor; but on a close examina. matter of his holding the office of postmaster, which they were thus temporarily assigned. tion of the vote in the ward to which I have the explanation already made is satisfactory. Their claims for such compensation have been referred, it was ascertained that these votes His term of office expired, I understand, in referred to the Comınittee on Claims, and that would change the result of the election in that March, and he is holding custody of the office committee of the Senate I know has unani. ward. The commissioners therefore made & and managing it until the President and Senate mously decided against all such claims for the careful count of these votes of soldiers wbo had can select his successor, The reason, I believe, compensation of an office in addition to the not been residing in the city a year, and who for delay in selecting a successor has been the compensation of another office which was fixed were not therefore legal voters under this law, difficulty of the President, among the very large by law to the person who was performing tem- and attached the allidavits of ten of the offi. number of applicants, to fix his mind upon porarily the duties of a second office. I just cers of that ward, being two thirds, there being any one person.

There is therefore some propose, by this amendment, to apply that fifteen in all, and certified that up to the regis. delay in sending a name in. principle.

ter with the whole return. I am reluctant to vote for this amendment Mr. Bowen holds on to his office of post- Mr. FESSENDEN. And to the mayor, at saying that the mayor of Washington shall not master, as my honorable friend from Nebraska | the same time? hold two offices, when in point of fact he is not contends, and as the majority of the Senate Mr. HARLAN. No; I think the certificate bolding under any regular term, and it is not also contend, until his successor is nominated to the mayor was made first, but I am not sure his purpose or desire to hold the postmaster- to the Senate and confirmed by the majority about that. This, at all events, was certified up ship longer than the President permits him of the Senate. I want the provision which I to the register of the city, and receiving this pro tempore to discharge its duties until a suc- now offer to meet exactly ihat case and all return from the election officers of the fifth cessor be appointed. I hope the Senator from other cases, whether of Mr. Bowen or anybody ward, in which they swore that a certain numKentucky will withdraw his amendment. else; so that when he is postmaster of the city ber of voters whose votes had been received,

Mr. HARLAN. I merely wish to remark, 1 of Washington, under the Government of the indicating them, were not legal voters who had in reply to the observations of the Senator from United States, and is receiving a fixed salary cast their votes for certain candidates, the Kentucky, that the bill pending was intended or a salary partly fixed and partly by commis- | register of the city made out his notifica:ion to to provide, and I think does provide, precisely sions, or wholly in the one or the other form, the parties who were duly elected according to the remedy which he so clearly describes. It || payable from the Treasury of the United this certified statement of the election officers. provides that the aldermen and councilmen States, he shall not be allowed at the same Mr. HENDRICKS. I wish to ask the Senwho hold the certificate of election shall be time to receive pay ás mayor of Washington. ator for inforination a question. Is the vote permitted to enter on the discharge of the I hope the principle of that amendment will in this city by ballot, and if so, how did any. duties of their offices; that that certificate shall meet the approval of my friend the Senator body know how those parties voted ? Certain be held to be prima facie evidence of their from Nevada.

votes are excluded. I want to know how any. right to hold ; and the fourth section of the

I should like very

body knew that those voters voted for this bill provides that any party deeming himself to mưch to get at the exact state of the facts

candidate or the other candidate in that sort have been elected adversely to this may appear before I can vote intelligently on this subject.

of a transaction that he is describing. in the supreme court of the District of Colum

I do not know that I understand what the facts Mr. HARLAN. It was the easiest matter bia and contest the right of those thus sworn in. of the case are. I have understood them to

in the world to ascertain that by checking the The PRESIDENT pro tempore. The ques- be as I will state them, and I will ask the hon- ballot and checking the check list, which I tion is on the amendment of the Senator from

orable Senator from lowa if my understanding understand was done. Kentucky. is correct.

Mr. HENDRICKS. Wasthe ballot checked? Mr. DAVIS. I believe the yeas and nays It is the business of the commissioners of

Mr. HARLAN. I understand so. Believing have not been ordered on it.

election, as they are called, to receive and that the party presenting himself was not a The PRESIDENT pro tempore. They have return the votes polled. They are mere receiv- legal voter under the law, they received the been ordered,

ing officers. There is a registry of this city, a, ballot, but marked it, and also marked the Mr. DAVIS. With the consent of the Senlist is made out, and the persons wbose names

check list of registered voters. ate, then, after the explanation of the Senator are on the list are entitled to vote.

Mr. HENDRICKS. Was there any authorfrom Pennsylvania, I ask leave to withdraw

missioners, as I understand it, are to receive ity of law for those officers to do that? the amendment. the votes according to the list, and make a

Mr. HARLAN. I am not able to answer The PRESIDENT pro tempore.

The call return of the votes. They did so in this case, that question. I am not sure what the regulafor the yeas and nays will be withdrawn unless received the votes and made their return; but tion is on that subject. objected to. The Chair hears no objection ; and the next day they undertook to purge the list

Mr. FESSENDIN. I should like to ask now the Senator withdraws his amendment. and make a new return, having assumed to

the Senator from lowa another question. Are Mr. DAVIS. Now, in lieu of that amend- strike out a certain number of votes as having the persons who make out the list and the ment I will offer this:

been thrown illegally, thus making themselves commissioners who are appointed to receive And be it further enacted, That the mayor of the judges of the legality of the voting. On that the ballots the same board, consisting of the city of Washington shall not receive the pay or emol

second relurn), or amended return, the register same persons, or are they different? uments of any other office.

issued bis notices of election, and this bill Mr. HARLAN. They are different officers, I will say a single word in support of this confirms those notices so far as the prima facie

Mr. FESSENDEN. What power, then, had proposition. The honorable Senator from

case is concerned. Is that the state of the the cominissioners, who are merely to receive Nevada, [Mr. Nye,) who always speaks with facts ?

the votes of men on the check list, to do any' so much force and with so much instruction to

Mr. HARLAN. The facts, in the order in I thing but receive them? How could they go the Senate, was formerly a Democrat himself, which they arise, are these: first, a registry

behind the check list and assume to mark bal. if I understand his political history. I think was made, as the Senator has stated, of the

lots and mark lists? What bad they to do that he and his ancient Democratic friend, the

voters, of those who were supposed to be entiSenator from Indiana, (Mr. HENDRICKS,] may

except receive the votes and certify the votes tled to vote; and, of course, afterward the received ? come to a proper and correct understanding of election occurred under that registry ; but

Mr. HOWE. I cannot answer that queswhat the principle is that was adopted by the

between the time of making that registry and I tion, perhaps, as well as the Serator from Democratic party some years ago in connection the holding of the election Congress passed a

Iowa can; but it seems to me another question with this subject. It was not that the same

law defining the qualifications of voters, pro. man should not hold two offices, but it was that

is quite as pertinent as that; and that is what viding among other things

law there is to prohibit these canvassers or the same man should not receive a salary for

"That said section"

these commissioners of election or anybody two oflices. We have an example at this time. The Secretary of the Interior is acting as referring to a section of the law as to the right

else who sees a ballot put in to put a mark Attorney General ad interim, as I understand. of voting

upon it to identify that particular ballot, so The principle established by the Democratic shall not be construed as conferring the elective

that when it is opened he may know who threw franchise in suid city on non-commissioned officers,

that ballot, as the face of the ballot will show party is that a man who is an officer of the

soldiers, sailors, or marines, in the regular service whom it is for? Government, and whose whole time and ser- of the United States, situated oron duty in said city, Mr. FESSENDEN. The answer to that is vices are presumed to be due to the Govern- except such as may have become actual residents,

with their families, in said city for one year previous that introducing any such principle interferes ment and to the country for the salary that he to any election."

entirely with the freedom of election by ballot.

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It is never known, in any place I ever heard is the provision. There is no fault found with Sir, I do not hold to any such doctrine as of, that those receiving the votes exercise any the provision in the fourth section that there that. I do not know but that I may vote for may be an appeal to the courts.

the section under the circumstances ; I may Mr. HOWE. If there was a law protecting Now, let us look at the operation of it. I am or I may not; but I am simply wanting to get the freedom of election to that extent, then not saying that it may not be all right enough ; out the facts so that the Senate shall underthis act was a violation of that law; but if there but I want to get at the exact facts. Here these stand them and the principle upon which this was none, I take it it would be interfering with commissioners of election, whoseduty is simply | bill is founded. the freedom of the action of the commissioners to receive the votes of those whose names are Mr. CORBETT. My idea of judges of electo probibit them from doing it.

on the list, undertake to check the votes of tion is that they are appointed to inspect the Nr. FESSENDEN. I can only say that in certain persons, and to ascertain how they votes as they are offered; that they are to judge my own State and all other States that I ever voted. When they make their return, and their who have the right to vote under the law; and heard of, where there was a registry of votes only business according to law is to return if they are in doubt as to the right of any indi. made out by a certain class of officers ap- the actual number of votes thrown, instead of vidual, the judges being usually composed of pointed for that special purpose, their list is doing that, they assume to be judges, to a cer. half of each of the opposing parties-half Dem. conclusive and the votes of those persons are tain extent, of the election, and they mark a ocrats and half Republicansto be received; and the power which those certain nomber of ballots and return that a Mr. FESSENDEN. The Senator will allow who receive the votes, the commissioners of certain number of ballots thus marked were me to tell him that in regard to these parties, election, have, is simply to receive the votes thrown by soldiers; and then the register, they are not judges; they are merely minisof those persons and to see that no other per- instead of taking the whole return which gives terial officers to receive the votes. The judges sons than those on the list vote. They have the prima facie right to seats to one set of men, of who shall vote are the men who make out no power whatever except to receive and undertakes to throw out the ballots thus marked the list originally of the voters. When they count and return the votes.

and thus give the prima facie right to seats to make that list they judge who shall be put Mr. RAMSEY. Allow me to suggest that another set of men, and issues his notices upon it. These commissioners of election are in some of the western States the officers of accordingly. That is the fact about it, and nothing but ministerial officers to receive the election number the tickets as they are put this legislation proposes to make that decision votes of men whose names are on the check into the box, and put the same number upon of the register conclusive as to the prima facie | list, and no more. They have no power to the name of the vote on the check list.

right to the seats, thus taking perhaps the judge at all. Mr. FESSENDEN. If that is so provided organization of the boards out of the hands of Mr. CORBETT. They are chosen, I think, for by law, it can be done.

one set of men, and putting it into the hands || from the two political parties, as a usual thing. Mr. RAMSEY. It is by law.

of another set of men. That is the effect. Mr. FESSENDEN. That depends upon the Mr. HOWE. I take it ihere are no election Now, the Senator says there is nothing wrong law in each particular place. How it is in this laws anywhere in any State framed for the in marking these votes, and there is no law place I do not know; it may be so in some purpose of preventing an investigation as to | against it. Is there not? I thought the idea il places. the actual result, the true result of any elec- of the ballot was that every man should vote Mr. CORBETT. I do not know exactly tion. That is always, under the election codes independently, and secretly if he chose to do how it is here, and that is what I wish to of all States that I know anything about, a so, and not have anybody know how he voted. understand. I kuow it is so in our city-the subject for investigation, and some tribunal' is || I have always understood that to be the doc- judges receive the votes of those who they authorized to go behind the returns and ascer- trine of the ballot. Why not vote viva voce ? agree are entitled to vote; and if they are in tain the fact.

Because then every one knows how every man doubt as to the right of a person who offers to Mr. FESSENDEN. The law here says the votes. The idea of the ballot is that a man vote they check the vote and check his name, board of aldermen and board of common may vote without baving it known, unless he so that it afterward on examination they find council shall do it.

chooses to have it known by showing his bal. that the man is not entitled to vote they may Mr. HOWE. As the lat now stands in lot for whoin he votes; that he shall not be exclude his ballot; if he has a right to vote, reference to the election of aldermen, the tri- subjected to other influences. If you may mark | they count it. I do not see why that might banal is the board of aldermen; and in refer- the soldier's vote, you may mark my vote if I not be done here by agreement between these ence to the election of common councilmen, it am a resident in the ward and have been there judges. is the board of common council, as I under. twenty years, you may mark the vote of every Mr. FESSENDEN. The honorable Senator stand. That is the tribunal. Now, here is a man, no matter who he is whose name is borne

from Oregon will allow me to suggest to him bill to give an appellate jurisdiction, an appeal on the check list, and you may thus publish that it is barely possible that the law of Oregon from the decision of those boards, and, I take

to the world, wbat the voters may not choose does not prevail everywhere else. it, it is competent for the national Legislature to have known, how every man voted in the Mr. CORBETT. That is true. to provide such an appeal; but wherever that election. I say that course of proceeding is a Mr. FESSENDEN. His argument applies tribunal is, it has this power of determining, palpable violation of the whole doctrine and to this case if that law prevails here, and if it if the evidence exists anywhere, no matter idea of the vote by ballot, which is that a man does not it does not apply. what you may say about the freedom of elec- may vote freely and have nobody to overlook Mr. CORBETT. I should like to have the tion, how every man voted. That evidence is him.

law stated with regard to the manner in which not always attainable, but in almost all elections The Senator says that possibly men may these votes are cast, if the Senator from Maine it is attainable, and perhaps in all it is. Cer- have voted who had not the right to vote. can inform me. tainly it is in a city of this kind, for you may

There is a remedy for that. The board of Mr. FESSENDEN. I do not know. The put over every single voter whose name is on aldermen, who are to decide this question || Senator from lowa can probably give the informthe check-list upon the stand and make him when it comes before them, on looking over ation. swear how he voted. But if the ballot be the list, if a remonstrance is made, or if a Mr. HARLAN. My attention was absorbed marked so that the commissioners of election remonstrance is not made of their own motion, with another matter at the moment, and I did can determine by a number on it or a mark on may find certain names which they have rea- not hear the Senator's inquiry. it whether that ballot was thrown by Mr. Brown son to believe are not the names of legal voters, Mr. CORBETT. I should like to know or Mr. Jones, then the commissioners of elec- persons who did not come within the law, and whether these judges or commissioners are to tion, when they open the ballot and see whom ought not to have been allowed to vote. They

judge as to the rightof individuals to vote when it is given for, will

know just as well whom Mr. have the power, in that case, to call those voters these votes are offered, whether they have any Brown and Mr. Jones voted for as they did before them, or to take any other evidence right to judge at all under the law of the Disthemselves, and they can make that proof that may exist, and find out, if they can, how trict of Columbia. which, independent of this mark, Mr. Brown those men voted, and thus purge the list so as Mr. HARLAN. That is a disputed question. and Mr. Jones would bave to do before the to get rid of all illegal votes. That is the way At the election one year since, the judges tribunal . So that I see nothing in this bill or

in which it is done, and the way in which it excluded certain colored men from voting, and nothing in the conduct of the commissioners onght to be done ; and the idea that a man the Republicans at that time held that they did of election which interferes with the freedom simply appointed to receive votes, and receive it illegally ; that they were wrongfully excluded, of election, as we understand it. There is no votes that are on the check list given him by although the judges maintained that they were freedom of elections which sanctions the vote proper authority, saying, “Sir, you will receive

not residents of the District. The question, as of a man whom the law prohibits from voting; the votes of these men and no others," has a

far as I know, has never been settled whether and there should be none to that extent. All right to mark the ballot of any man when it is

they have a right to exclude a man whom they there is in this bill, it seems to me, tbat is

thrown, and then to open it and return it as know to be an illegal voter or not. But I will anomalous at all, is the fact that it provides an questionable

, is a new idea to me with regard read the oath which, I understand, the officery appeal froin an adjudication which, prior to

to proceedings of this kind. I say again, if take previously to entering upon the discharge the passage of this bill, was conclusive. I do that doctrine is to prevail you destroy the of their duties as commissioners : not think there was anything very wrong in secrecy of the ballot. You do not help it by

"The said commissioners shall, before they receive saying that the commissioners think that cer- any ballot, severally take an oath or affirmation, to Mr. FESSENDEN. The Senator from Wis

be administered by some justice of the peace for tho tain men may be illegal voters, may not have consin has evidently mistaken this bill . The

county of Washington,'truly and faithfully to receive a right to vote. That is a matter with which

and return the votes of such persons as are by law first section of this bill provides that the they have no concern. If they can mark the

entitled to vote for members of the board of alderregister's certificate in the existing case, in

men and board of common council in their respectivo vote of one man they may mark the vote of this case by a law passed after the fact, shall

wards, according to the best of their judgment and every man, and the result is that the ballot

understanding; and not knowingly to receive or be conclusive as to the prima facie right. That amounts to nothing but a viva voce vote.

return the voto of any person who is not legally


entitled to the same.' The polls shall be opened at vote from public knowledge so far as that single Mr. DAVIS. That would not be a secret ten o'clock in the morning and be closed at seven o'clock in the evening of the same day.. Imine

act would tend to protect it and no further, ballot. diately on closing the polls the said commissioners

leaving to all other tribunals, judicial and legis. Mr. HOWE. I say the law does not provide for each word, or a majority of them, shall count the lative, every other means of determining these for a secret ballot; it provides for a ballot. If ballots, and make out under their hands and scals a correct return of the persons baving the greatest

two facts: first, wdiether a man voted who had it provided for a secret ballot it would require number of legal votes for members of the board of not a right to vote ; and, secondly, how that your ballot-boxes to be deposited away from aldermed and for members of the board of common man did vote, bow his vote influenced the human supervision, where a man could go to it council respectively."

election. Both of these facts must be known alone out of sight of the rest of the world and Mr. CORBETT. It seems to me that that ' in order to secure a fair result to the elec- there put his piece of paper in. The law does constitutes the board judges of the election, tion.

not provide for a secret ballot ; it provides for though they are named commissioners.

Now, sir, as recited here, the facts in this a ballot, and at the same time the law provides Mr. FESSENDEN. Was not that law passed case seem to be that these commissioners, who, that the proper tribunals may know for whom before the registry law? Has not the registry the Senator argues, had a mere ministerial || that ballot was given, and every ballot. law been passed since?

duty--and they seem to have regarded such to Mr. DAVIS. I will ask the honorable SenMr. HARLAN. It has been.

be their duty themselves--took the votes of ator if the law provides for an open ballot? Mr. FESSENDEN. That varies all that, men whose names they found on the registry, Mr. HOWE. No, sir; it provides for a

Mr. HARLAN. I understand, by inquiry | and yet who, they believed, were not author- ballot. from the mayor-elect, that this is the oath ized to vote. Holding that they had not the Mr. DAVIS. I will ask the honorable Sen. still adıninistered to these officers,

authority, under the law as it stood, to exclude ator if putting the voter's name on the ballot Mr. FESSENDEN. That may be; but the them, they received the ballots; but it seems would not make it an open ballot? registry law makes other men judges of the they did put a mark upon them, so that they Mr. HOWE. No, sir; not necessarily an qualifications of the electors.

could identify the ballots. It turns out that open ballot. An open ballot is a ballot which Mr. CORBETT. How are these commis- they were right in their suspicions, that these is open and displayed, as I understand it; but sioners appointed?

men had not the right to vote, that the law I do not understand that the law prohibits an Mr. HARLAN. They are appointed by the clearly prohibited them from voting. But I open ballot. A man has a perfect right to go supreme court of the District.

understand that as the law is to day, the only to the polls with an open ballot and put it in. Mr. HOWE. I desire to make a few remarks tribunal which can determine the right of these I do not know that the commissioners would in reply to the argument submitted by the Sen. individuals to vote is the board of aldermen be authorized for I have not seen the full ator from Maine. I am disposed to try this and the board of common councilmen, and I law--having taken the ballot to open it, and question, not upon the laws of Oregon or of suppose that their adjudication has been in yet, unless there is something in the law which Maine, but upon the laws prevailing here in favor of the right instead of against it. prohibits them, they would have the undoubted the District of Columbia, so far as I under- Mr. HARLAN. That the Senator may right to do that thing. stand what those laws are; and I will not, for know the exact facts, I will state that the Con. Mr. HENDRICKS. To examine and read it? the purpose of what I have to say this morn- servative members, as they are called, hold Mr. HOWE. To open the ballot, unless the ing, raise the question whether the form of the that one set of officers were elected in that

law prohibits the opening of it. I do not know oath just read here as prescribed to the com- ward, and the Republican members hold that how you would punish them for doing it. missioners of election constitutes them judges another set were elected, and they have organ- Mr. HENDRICKS. Then they have the of election, or vests in them any discretion ||ized separately, and have two boards of com

right to make a record of the vote cast and over the question as to who may or who may mon councilmen and two boards of aldermen.

how it was cast, as evidence ? not vote; but I will assume that they have a Mr. HOWE. That makes it a little more

Mr. HOWE. Just as good a right to make mere ministerial function, and that the duty mixed; but I am assumingthat the whole board

it as the board of aldermen would have to make prescribed to them by law is simply the duty of aldermen has decided that these soldiers of taking the ballots from the individuals whose that your law prohibited from voting had a right it; just as a good a right to make it as the to vote, and that they put the law under their

supreme court of this District would bave if names are borne upon the registry. I will assume that this is the only duty prescribed feet. I do not care whether it is a minority,

you give them appellate jurisdiction; just as

good a right to do it as any tribunal which to them by law. But that that is the only or a majority, or the whole board who have done it. The question is whether the supreme

assumes to bring a man before it and make bim labor they may perform, or the only duty with

swear how he voted. They make up a record which they may charge themselves in reference authority of the nation stands concluded by to the election, I do not concede. I think that adjudication, no matter how many par

and publish it to the world. Why? They do took in it. I say it was a fraud. If the voting been observed at the election or not.

it in order to determine whether the law has they may go further than that. I think they may do any one and every single act with a of the soldiers was a fraud on the law, the adjuview to secure a fair and full expression of the dication of the aldermen in determining that

Now, as I was trying to say, I understand

that certain men did come to the polls, whom legal voters in the ward or in the city which they had a right to vote was a sanction of that

the law forbade to do so, and cast these votes. the law does not prohibit them from discharg. fraud ; and if that adjudication had been made

I understand that the tribunal with whom rests ing. It is upon that point, if upon any, that by the supreme court of the District it would I am at issue with the Senator from Maine. still have been another sanction of the fraud ; || right to vote has affirmed their right to vote;

now the jurisdiction to try and determine their He assumes that for them to undertake to and if it had been made by the Supreme Court || and the question is, shall we stand concluded know how an individual votes whose right to vote they deny, but have not the authority to of the fraud, and if it were made by the Con- | exercise of legislative authority for a new trial


by that judgment, or shall we provide by an determine under the law, is a violation of the gress of the United States it would be only | another trial, an appellate trial of that ques. secrecy and privacy and sacredness with which another sanction of the fraud. the law shelters this right to yote. Now, I Mr. DAVIS. I will ask the honorable Sen

tion? I think if there is any reason to believe think he assumes more than the law declares. ator a question, with his permission.

that this injustice, this outrage upon the law The law bas simply provided that the electors Mr. HOWE. Certainly.

has been perpetrated, it is our bounden duty, shall vote by ballot; but if in providing that Mr. DAVIS. If a soldier resides in the city

our most solemn duty to provide some tributhey might vote by ballot it was the purpose of of Washington, is he not entitled to vote here?

nal to retry and readjudicate the question. the law to provide that the way in which they Mr. HOWE. The law as it stands gives him

But the Senator from Maine [Mr. Fessexvoted should never be known, that the individ. a right to vote if he has had a residence of a

DEN) says that this bill now pending makes the ual for whom they voted should never be known year here, with his family, before the election.

certificate of the register prima fucie evidence to the public, then it was necessary not only to But I understand-I am not trying the case

of the right to hold the office pending the litiprohibit the commissioners from putting any myself; I am speaking on the statements made

gation. I understand that is the effect of it. mark on the ballot, or taking any cognizance here-I understand that soldiers who had not

What is there wrong about that? Is it not as of the way in which the individual voted, but resided here a day, never had a residence here

fair for the law to base the prima facie right it was necessary for the law to prohibit any except as members of a regiment, went to the

on the certificate of the register as on the judicial investigation as to how they voted. It polls and voted.

return of the commissioners of election or as was just as important to prohibit the board Mr. DAVIS. I will ask the honorable Sen

upon the adjudication of the board of alderof aldermen from calling one of these soldiers ator another question, with his permission, first

men? It is the province of the Legislature to before them to make him swear how he voted stating that I have understood the fact to be

say what shall or shall not constitute the prima as it was to prohibit the marking of his ballot different from the statement he has just made,

facie right, and to say what shall be evidence when it was received. though he may be right. He admits that the

of the prima facie right. But I assume that the law did not intend to officers of this election marked some of the

Mr. HARLAN. If it will not be an intercover with the veil of secrecy this fact because ballots.

ruption of the Senator, I have the law now on it bas not done so; it has not probibited the Mr. HOWE. I understand it to be so.

one of the points that he has been discussing, commissioners from marking the ballot; it has

Mr. DAVIS. Had they not as much right of January 8, 1867:

and will read it. It is section seven of the act not prohibited the board of aldermen from to indorse the name of the man who deposited making the individual swear how he voted. a ballot upon the ballot as to mark it?

“That the officers presiding at any election shall And because it has not done any of these things, Mr. HOWE. Yes, sir.

keep and use the check-list herein required at the but has simply authorized him to put the name Mr. DAVIS. Had they the right to do either?

poils during the election of all officers, and no vote

shall be received unless delivered by the voter in of his candidate upon a piece of paper, instead Mr. HOWE. Yes, sir; they had a right person, and not until the presiding officer has bad of declaring it at the polls, I assume that it to do both, simply because the law did not pro

opportunity to be satisfied of his identity, and shall was the purpose of the law only to protect the l bibit them from doing either.

find his name on the list, and mark it, and ascertain that his vote is single."

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