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than it is in its present complicated form, and that Van Aernam, Van Auken, Burt Van Horn, Robert
REMOVAL OF DISABILITIES.
The House resumed the consideration of the are instructed to prepare and report to the House at
So the House refused to refer the resolution motion to reconsider the vote by which the as early a day as possible a bill providing for the funding of the public debt and the reduction of the to the Committee of Ways and Means.
report of the committee of conference on the rate of interest thereon in such manner and to such The resolution was adopted.
bill (H. R. No. 1059) to relieve certain citizens an extent tbat taxation may be reduced and equal
Mr. WARD moved to reconsider the vote by
of North Carolina of disabilities was rejected, ized as far as possible consistently with good faith to national creditors and justice to the people. which the resolution was adopted; and also
the consideration of the question being post
poned till to-day, on which Mr. BROOMALL was
entitled to the floor.
Mr. BROOMALL. I do not desire to occupy
the time of the House upon this matter after "reorganized.” It will correspond with our ENROLLED BILLS AND JOINT RESOLUTION. habits here.
the somewhat lengthy debate on Friday last. I Mr. LOUGHRIDGE. I demand the pre
Mr. HOLMAN, from the Committee on wish first to have a vote taken on the question
Enrolled Bills, reported that they had exam. vious question.
of reconsideration, which the House may or
may not make a test vote.
Mr. SCOFIELD. Mr. Speaker, will a ma-
jority vote be sufficient for a reconsideration ? An act (š. No. 450) relative to filing reports
The SPEAKER. It will.
Mr. BROOMALL. It will probably be a
test vote ; I would like to have it such. Crossley; quested" will be inserted instead of "in
The SPEAKER. A majority can agree to An act (S. No. 184) granting a pension to structed."
an amendment, and upon any vote up to the Mrs. Ann Corcoran ; and Mr. WARD. I think the committee ought Joint resolution (S. R. No. 134) authorizing Any auxiliary motion, therefore, like the motion
very last, except upon the passage of the bill. to be instructed. Mr. LOUGHRIDGE. I insist on the resoá change of mail service between Fort Aber
to reconsider, requires only a majority vote. crombie and Helena.
Mr. BROOMALL. I will call for a vote on lation in its present form.
the motion to reconsider, and reserve my right tion be laid upon the table.
Mr. PRICE offered the following resolution; to the floor until the present motion is acted Mr. HOLMAN. I demand the yeas and
and demanded the previous question thereon: upon. I demand the previous question. Resolved. That the Committee on Appropriations
Mr. BROOKS. I understand the gentleman The yeas and nays were ordered.
be instructed to inquire into the expediency of appro- to say he considers the vote on the question of Mr. SPALDING. I withdraw the motion
priating $50,000,000, to take up the matured and reconsideration a test vote. Am I right?
maturing indebtment of the United States, which to lay upon the table for the present.
Mr. BROOMALL. Yes, sir. is payable in currency, as the same may become due; Mr. WASHBURNE, of Illinois. I move to
said amount to be taken from the coin in the Treas- Mr. BROOKS. Well, I shall vote to reconreconsider the vote by which the previous ques
ury, to be sold for that purpose, as needed, by public sider, in the hope that Mr. Jones, of Ten
proposal, and providing by law that no new indebttion was seconded. ment shall be incurred on the part of the United
nessee, and Mr. Houston, of Alabama, will be The House divided ; and there were-ayes
States, by the sale or issue of its bonds, notes or other 60, noes 36. securities, until the coin reserve in the Treasury is
Mr. BROOMALL. That far it will not be reduced to $25,000,000; said committee to report by Mr. WARD. I demand tellers. bill or otherwise.
a test vote. Tellers were ordered ; and Mr. Holman, and Mr. ALLISON. I ask my colleague to The previous question was seconded and the Mr. WASHBURNE of Illinois, were appointed. modify the resolution so as to instruct the com- main question ordered; and the question being
The House again divided; and the tellers mittee. I think it should be so modified. taken there were-ayes 90, noes 19.
So the vote by which the report was rejected So the motion was agreed to. be done. Does the gentleman wish that the
was reconsidered. The question then recurred on seconding the committee should be instructed ?
The question again recurred on agreeing to previous question, and it was refused.
Mr. PRICE. I think it is better as it is.
the conference report. Mr. GARFIELD. I move that the resolu. Mr. FARNSWORTH. It instructs the Com- Mr. BROOMALL. I yield for a few moments tion be referred to the Committee of Ways and mittee on Appropriations; it should be the to the gentleman from Illinois, (Mr. Logan.] Means. Committee of Ways and Means.
Mr. LOGAN. Mr. Speaker, I desire to take Mr. WASHBURNE, of Illinois. I demand
The SPEAKER. Such resolutions gener. up only a very few moments of the time of the the previous question.
ally go to the Committee of Ways and Means. House, but inasmuch as I intend to vote for The previous question was seconded and the Mr. PRICE. I prefer it should go to the this bill I thought it was due at least that I main question ordered. Committee on Appropriations.
should have a chance to explain the reasons Mr. HOLMAN. This motion to refer to the Mr. SPALDING. I give notice that if the why I do so. At the time the bill was before Committee of Ways and Means defeats the previous question is voted down I shall move the House originally I opposed it, and stated resolution, and I therefore demand the yeas to amend by inserting the Committee of Ways my opposition to one of the names that appear and Means.
in this bill. Not having changed my views at The yeas and nays were ordered.
On seconding the previous question there all in regard to the policy that should be The question was taken ; and it was decided were-ayes 40, noes 64.
adopted in reference to relieving from disabili. in the negative-yeas 67, nays 69, not voting So the previous question was not seconded. ties persons who have been engaged in the 53; as follows:
Mr. SPALDING. I now move to amend rebellion, I feel constrained to vote now for YEAS -- Messrs. Allison, Ames, Arnell, Bailey, by inserting the Committee of Ways and Means; this bill, for the reasons which I will state. Baldwin, Banks, Beaman, Bingham, Blaine, Blair, and I renew the demand for the previous ques. First, the Chicago convention, when it assemBoutwell, Brooks, Churchill, Coburn, Cornell. Covode, Delano, Driggs, Eliot, Ferriss, Fields, Garfield, tion.
bled, admitted as a delegate Governor Brown, Griswold, Hawkins, ligby, Hill, Looper, Hulburd,
The previous question was seconded--ayes of Georgia, and he was recognized in that conJenckes, Koontz, George V. Lawrence. Lynch, Mar- seventy-three, noes not counted.
vention and made a speech to the convention. vio, Maynard, McCarthy, Mercur, Moore, Morrell, Mullins, Mungen, Myers. O'Neill, Paine, Plants, Po
Mr. INGERSOLL. I move to lay the reso- The same convention passed a resolution wbich land, Pomeroy, Pruyn, Robertson, Sawyer, Schenck, lution on the table.
has become a part of the platform of the ReShellabarger, Smith, Spalding, Starkweather, Thad- The motion was disagreed to.
publican party, suggesting the relieving of perdeus Stevens, Stokes, Taffe, Taylor, Twichell, Upson, Van Wyck.Cadwalader C. Washburn, Elihu B. Wash
The main question was then ordered ; and
sons from their disabilities who have given burne, William B. Washburn, Thomas Williams,
evidence to the country that they are willing James F. Wilson, and Woodbridge-67. the question being taken on the amendment
to adhere to the Government as loyal men. NAYS-Messrs. Adams, Anderson, Axtell, Baker,
of Mr. SPALDING, it was agreed to. Beatty, Beck, Benjamin, Benton, Boyer, Buckland,
The question recurred on agreeing to the I do not give the language of the resolution, but Butler, Cary, Chanler, Reader W. Clarko, Sidney
that is the substance of it. That being the case, Clarke, Cobb, Cook, Cullom, Donnelly, Eckley, Eg
resolution as amended. gleston. Ela, Eldridge. Farnsworth,' Ferry, Fox,
The SPEAKER. The morning hour has
I feel it to be my duty, acting with the RepubGetz, Glossbrenner, Golladay, Gravely, Grover, expired.
lican party, under the circumstances, these Haight, Harding, Holman, Hotchkiss, Humphrey,
names having been examined by the committee Ingersoll, Johnson, Juda, Julian, Kelsey, Kerr,
and reported on favorable, to vote for the bill. I Knott, Loan, Logan, Loughridge, Mallory, McClurg, Mr. MORRELL, by unanimous consent, feel that, as a party man, I am acting under Price, Raum, Scofield, Shanks, Stewart, Taber, Law
from the Committee on Manufactures, reported instructions given in our platform by delegates rence S. Trimble, Trowbridge, Van Trump, Ward, a bill (H. R. No. 1308) to modify the ware- from all parts of this nation, States and TerriHenry D.Washburn, Welker, William Williams, John T. Wilson, and Woodward-69.
housing system ; which was read a first and tories, assembled for the purpose of enunciaNOT VOTING-Messrs. Archer, Delos R. Ashley,
second time, ordered to be printed, together ting to the people of this country the principles James M. Ashley. Barnes, Barnum, Bromwell, Broomall, Burr, Cake, Dawes, Dixon, Dodge, Finney,
with the accompanying report, and recom- on which they will stand in the campaign þefore Halsey, Hopkins, Asahel w. Hubbard, Chester D. mitted to the committee.
the country. Believing it to be the true and Hubbard, Richard D. Hubbard, Hunter, Jones, Kel
Mr. ALLISON moved to reconsider the vote proper spirit to act on, when my party has deley, Ketcham, Kitchen, Laflin, William Lawrence, Lincoln, Marshall, McCullough, Miller, Moorhead.
by which the bill was recommitted; and also cided I am willing to lay aside my prejudices Morrissey, Nicholson, Nunn, Perham, Peters, Phelps,
moved that the motion to reconsider be laid and my own views for the purpose of barmonPile, Randall, Robiuson, Ross, Selye, Sitgreaves, on the table.
izing on this question ; and I shall vote for the Aaron F. Stevens, Stone, Thomas, John Trimble: The latter motion was agreed to.
Mr. BROOMALL. Mr. Speaker, in the persons have placed themselves in the category | Why, sir, if we condemu him where will be debate the other day it was complained that I have endeavored to indicate. But to go fur- go? His own class would murder him if we we were acting without a report of the com. ther would be to do away entirely with the con- now desert him. If we, his new friends, whom mittee setting out the circumstances of each || stitutional provision, and to make the whole he has so much aided, now sneer at him and particular case. It was also complained that thing a mere farce before the nation and the spurn him, he will have no inducement to do we were acting in the dark and without informa: world.
good in the future. If we treat him as such a tion generally. I myself felt that as to a great Mr. BROOMALL. It is well the gentleman man ought to be treated, his future course will inany gentlemen upon the floor that must be has asked me the question. I can only answer justify our action. strictly true. With regard to myself, however, | bim in general terms in the affirmative. There Mr. LOAN. I wish to ask the gentleman it is otherwise. Having been associated with are many, very many. I said that a great deal from Pennsylvania whether General Longstreet other gentlemen upon this floor and elsewhere of this scrutiny was exercised by a voluntary || is more devoted to the Republic at this time in a voluntary committee formed for the pur- association of individuals, of which I happened than be was to the rebellion two years ago ; and pose of aiding the business of reconstruction, I to be a member, and made some of it myself. || whetber we have any assurance, if in case of was in a position to be acquainted with the I will answer the gentleman's question fur: any misfortune to us, he would not abandon us circumstances generally of the persons em- ther by saying that these individuals were at at once? braced within the bill, and was entirely satis- one time looked upon as a kind of medium of Mr. BROOMALL. I will answer that by fied not only to vote for it, but to urge my fel- communication between the loyal men of the saying I never heard that Paul was any more low-members to do so. I will now state that | South and the loyal Congress. The first appli- devoted to the Christian religion after his con
in one so far from this list having been got up at hap- | cations were made through that association. version than he was to the persecution of the
pro hazard and without proper examination, it has The members of it refused to consider any of Christians before that time. really gone through so many particular in- | them until they had been scrutinized by the Mr. ELDRIDGE. I wish to inquire of the stances of nice scrutiny that it would be very constitutional conventions of the respective gentleman from Pennsylvania, whether one of strange, indeed, if there were left in it a single States, and to a very large extent the original the reasons he gave for including in this list element of error.
applications were accordingly made to those the name of General Longstreet was not be. In the first place, a long list of names, conventions. I hope the gentleman is satisfied. cause he was recommended by the General of amounting to some thousands, were recom- Mr. WILLIAMS, of Pennsylvania. No, sir ; the Army? mended by the different constitutional conven: not yet.
Mr. BROOMALL. I said " vouched for.'' DE PER tions, assembled for the purpose of recon
Mr. BROOMALL. All these men are ask- Mr. ELDRIDGE. Now, if that be a good structing the States of the South, for the || ing a favor; the grace of the Government is reason, I should like to know why he has not removal of disabilities. Those conventions not forced upon any individual. If my col- included in this list of names the name of were composed of persons who knew the indi- || league [Mr. Williams, of Pennsylvania, ) is at Robert E. Lee, because General Grant swore viduals about whom they certified, who were all afraid that we are forcing this grace of the before the Judiciary Committee that he had most interested in the question, and who had | Government upon any of them unwillingly, recommended to the President a full pardon for
TAN in then I suppose he will agree with me that they General Robert E. Lee. any case. And it might be considered safe to
Mr. BROOMALL. I suppose we might get let the matter rest with them to decide who themselves in the same category they are in thirty-five votes on the other side by putting should and who should not be relieved of dis- now, by committing a little more treason. in the name of General Robert E. Lee. abilities. But this was not done. So earnest Mr. WILLIAMS, of Pennsylvania, Will Mr. ELDRIDGE. And also get the Genwere the members of the two Houses of Cou- the gentleman allow me
eral of the Army with you. gress, and other gentlemen who had an inter- Mr. BROOMALL. I think the gentleman Mr. BROOMALL. We do not choose to est in the question of reconstruction; to pre- need not be afraid ; I bave rarely heard of an do it. I suppose we could get the votes of vent the removal of disabilities in any improper individual refusing a pardon.
the thirty-five gentlemen on the other side of case, that these lists were placed before the Mr. WILLIAMS, of Pennsylvania. I desire the House if we were to put into the bill the voluntary association of which I spoke and of the gentleman to answer specifically the ques- names of the Democratic members of the wbich I am a member, who cut down the lists tiou I put. Is there any application on the Thirty-Seventh and Thirty-Eighth Congresses ; very materially, striking out the name of every part of these individuals, made directly or but we will not, though' by refusing we lose mail about whom no definite information could through the mediation of other persons, for those votes. be obtained beyond that furnished by the con. the grace which it is now proposed to bestow Mr. BROOKS. Is the gentleman from ventions, and striking off every man with
Pennsylvania aware that a principal, leading, whose name there was connected a single taint Mr. BROOMALL. These are applications prominent man on the list of twelve hundred of suspicion as to his present loyalty and his from the conventions of their States, to which on the table is one of those who advised and good faith in the work of reconstruction. they were directed first to apply personally, counseled publicly the assassination of Abra
By this means the list of thousands was being told that that was a prerequisite to ham Lincoln ? Is he aware of that fact? reduced down to where it now stands, to between having their cases considered here. Now, I Mr. BROOMALL. What is the name? eight and nine hundred. But the scrutiny did do not know that it would make the case any Mr. BROOKS. Is be aware of that fact ? not stop there. This list went before the Com- better if we had the original applications to Mr. BROOMALL. I certainly am not. mittee on Reconstruction of the House, and was these conventions here upon our files; and Mr. BROOKS. Will the gentleman permit still further scrutinized, and the circumstances I do not think it would make it any worse.
me to read ? attending each individual case were examined. There are also many original applications here. Mr. BROOMALL. No. The list then went before the Committee on the Mr. ARNELL. Will the gentleman yield Mr. BROOKS. Does the gentleman say no? Judiciary of the Senate, where it underwent a to me for a question ?
Mr. BROOMALL. I do, I know that just similar scrutiny. And after all that, promi- Mr. BROOMALL. Yes. Certainly. nent leading loyal men of the South, wen Mr. ARNELL. I desire to ask the gentle
now, at the final vote, a gentleman whose naine
is upon the list has been charged with certain whose loyalty never was questioned, were sent man if any application has been made by Gen- matters. I do not know what they are, but as for from the different states to examine the eral Longstreet?
the charges were not made before the proper lists again and again for fear a mistake should Mr. BROOMALL. The case of General tribunal at the proper time I will not believe be made. And the result of all that scrutiny Longstreet bothered the parties concerned in them now.
If I were told by one of his ene; and examination is the bill upon which the reporting it probably more than any other mies that the gentleman from New York had committee of conferrence have reported. case; and yet, I believe, all who have exam- committed a crime last night I would not be
I will repeat, then, that if there should be ined the matter attentively have come to the bound to believe it.
Mr. BROOKS. Will the gentleman answer very remarkable circumstance.
only say that the General of the Army is one my question ? He has not done so yet. I am Mr. WILLIAMS, of Pennsylvania. Will of the most earnest vouchers for the loyalty at going to vote for the pardon of this man who my colleague allow me to ask him a question || present and the thorough repentance of Gen- counseled the assassination of Abraham Linright at this point?
eral Longstreet; and it is believed by the gen- coln in this list with so many others. Mr. BROOMALL. Yes.
tlemen acquainted with the temper of the Mr. BROOMALL. I am glad to hear the Mr. WILLIAMS, of Pennsylvania. As the || South, and the business of reconstruction, that gentleman is going to vote for the bill. gentleman has now become the champion of to take a strong case like this of Longstreet, Mr. BROOKS. But I do not think the gen. this bill, I would be glad if he would state to where the sin is great and the repentance is
tleinan is aware of the fact I refer to. Will the House, and especially for my own satisfac. || known, open, and thorongh, such as to bring he permit me to read ? tion, whether there is any one case,
and if so down upon
Mr. BROOMALL. I will not allow to go how many, of application placed upon your tions of the class of men whom he has deserted,
upon the records here with my consent aup files by any of these individuals for the grace it is such a case, in my judgment, and in the charge against any gentleman which was not of the nation, an application involving the con- judgment of those who have examined it, which brought before the proper tribunal at the cession of past error and a profession of con. will show the South better than anything else
proper time. I am satisfied the charge is not trition and a desire to return to their true that nothing is asked but thorough loyalty here- true. relations. I am not willing to have the grace after and thorough repentance of past crimes. Mr. BROOKS. Not when it is shown be of this nation forced upon anybody... I am No man has been more diligent and earnest in
counseled the assassination of Abraham Lin. perfectly ready, upon an exhibition of the sort aiding the reconstruction of the South than coln ! I have indicated, to vote for the relief of per: General Longstreet; and I, for one, have no Mr. WARD. Will the gentleman yield to sons from disability in individual cases where hesitation in voting to remit his disabilities. me?
Mr. BROOMALL. I do.
abled them from holding office under the Fed. that after having served a short time in it he Mr. WARD. I wish to ask the gentleman eral Government. They refused to go into the left that army, threw up his commission, and from Penosylvania whether he knows the fact rebel army. Now we find by reason of our joined the Union party of North Carolina, and that one of the parties named in this bill has | legislation that they are disqualified.
has from that tiine forth until this day been sent a communication to this House saying Gentlemen ask for petitions. There are
an efficient and faithful Union man, and he that he has not solicited pardon, and has not thousands of petitions before our committee himself believes he ought to be relieved. committed any crime for which he should be besides those sent us by the congressional Mr. WARD. Now, I ask the gentleman pardoned?
committee, of which my friend from Pennsyl- from Pennsylvania to allow me a moment. Mr. BROOMALL. I am not aware of that vania (Mr. BROOMALL) is a member. Gentle- The gentleman from Wisconsin has in a man. fact. If I were to see such a communication men ask that we make a report in the case. ner assailed me, and I do not think the gentleI would want the signature sworn to before I Why, sir, to make a report in each case of man can refuse me a moment to reply. I have would believe it.
twelve hundred men would cover reams and not occupied the five minutes which the gentleMr. WARD. Will the gentleman allow me reams of paper, and no one would read it. man agreed to give me. to ask him whether he is in favor of general | It is not expected that the committee should Mr. BROOMALL. I will yield for the shortamnesty to all rebels? make a report in each case.
est possible time. Mr. BROOMALL. No, sir.
Now, I desire to say one word about General Mr. WARD. I had no desire to say any. Mr, WARD. If you are not in favor of Longstreet, because there are some gentlemen thing unfair in this matter or to convey a false general amnesty to all rebels, how can you bere who do not understand his position. The impression to this House. I was informed that support a proposition to pardon twelve hun. | Reconstruction Committee unanimously once Mr. Dockery, a member-elect from the State dred of these leading rebels without a single reported his name, with four or five others, for of North Carolina, served a year and a half in allegation on record that they have repented, relief. Upon some little discussiou in the the rebel army aslieutenant colonel. I underor that there is any special reason why they || House the report was ordered to be recom- stand that that is the fact. I assert it to be the should be pardoned? And, further
mitted. The committee have not reported his fact now upon information from a member of Mr. BROOMALL. I yield no further. I name again, although they are all in favor of Congress-elect from that State of the name of am pressed all around.
it. When we sent the bill to the Senate the French. I now wish to say further, as a matter Mr. WARD. A single other question. Senate committee, upon an investigation, in of justice, that I understand that this Mr. DockThe SPEAKER. The gentleman from New adding the names of various gentlemen of dif- ery, after a year and a half's service in the rebel Yark will resume his seat. The gentleman ferent States, put in the name of General army, threw up his commission and joined the from Pennsylvania declines to yield.
Longstreet. That is the way his name comes Union Army, and has been a good Union man Mr. BROOMALL. I am sorry I cannot in the bill. We cannot amend by striking it since, and has aided in the work of reconstrucyield to the geutleman from New York any out. We have to pass or reject the bill. Gen. tion. And I desire to say further, that I am further,
eral Longstreet wrote a letter more than a year || opposed to admitting anybody into this conMr. WARD. I do not design to transgress ago, which was published all over the country, gress, or passing any law which will permit the rules of the House in any way, though I in favor of the reconstruction policy of Con- any man to come into this Congress, who has know I am a little pertinacious. I now ask the gress, which brought down upon his head the aided in the work of rebellion, and at whose gentleman from Pennsylvania whether he did most terrible and scathing rebukes of all the door lay the deaths of half a million of people. not agree to give me five minutes of his time, | leading secessionists in his country: So ostra
Mr. BROOMALL. I have learned and, if that be so, whether I cannot ask him a cised did he become by his former associates Mr. PAINE. Will the gentleman allow me further question?
that he was obliged to change his residence one word more? Mr. BROOMALL. I will yield to a further and more to another town to engage in busi- Mr. BROOMALL. Not now. I have learned question. There was something said about ness for his support. Now, I ask gentlemen from the best authority that the gentleman from that.
who oppose General Longstreet because he New York (Mr. WARD] is mistaken as to the Mr. WARD. I wish to ask the gentleman fought us if they have not more respect for time; it was two months instead of eighteen whether, if this bill is passed, any of these par- a rebel who showed his consistency by going months. But no matter about that. He has ties who are included in it, if elected, cannot into the army and fighting us honorably than given the strongest reason why the name of the be admitted into Congress, and whether this | they have for a stay-at-home fellow who shirked individual referred to should be embraced in bill does not cover two gentlemen from the out of the army himself but egged him on? I this bill as that of a man who, when he found State of North Carolina who were elected to have; and I would rather relieve hiin than any out he was wrong, turned around and not only Congress and are waiting to be admitted after old politician whe sneaked out of danger. repented of the wrong he had committed, but this law is passed, having served in the rebel Mr. BROOMALL. I have only to say, in || fought on our side. He ought to have his disarmy?
conclusion, that my anxiety to have this meas. ability removed, and I will vote for such cases Mr. FARNSWORTH. No. ure adopted at this time arises from the fact
every day. Mr. BROOMALL, I do not know that fact. that the State organizations which are about I was about saying when I was interrupted It does not alter the case, however.
to go into operation in the States of Georgia, that unless these disabilities are removed those Mr. FARNSWORTH. There is not a word North Carolina, and Alabama cannot go into States cannot organize until after another elecof truth in the statement of the gentleman from operation until the disabilities of many of tion; and we will have half a dozen States in New York. This bill embraces the name of these men are removed.
the South under organizations as thoroughly Mr. Boyden, who fed our prisoners during the Mr. PAINE. Will the gentleman yield to rebel as any organizations that existed during war, a man who was known by every Union me for a few moments ?
the actual rebellion-I mean the organizations soldier in prison at Salisbury as their friend. Mr. BROOMALL. I will yield for a mo- gotten up by President Johnson and Mr. He was elected as a conservative; but he ment.
Seward upon mere proclamation and without received a great many Republican votes.
Mr. PAINE. Mr. Speaker, the gentleman | any authority of law. And these States will be Mr. WARD. I do not mean him at all. from New York [Mr. Ward) has asked the under such organizations for perhaps a year or Mr. FARNSWORTH. Well, then, the gen- question of the geutleman who has charge of two. And if any gentleman on this side of the tleman did not mean anybody.
this measure whether he does not know that House wants to see the Union men of the South Mr. WARD. I mean a lieutenant colonel there are one or two applicants for relief under remain under that kind of government any in the rebel army for a year and a half; and I this bill who have been rebel officers or solo longer than is necessary I must say he has a assert what I know.
diers and who desire, being relieved by Con- very strange way of looking at things; and if Mr. FARNSWORTH. Who is that man. gress, to come here as Representatives from the there is any gentleman here who wants to see Mr. WARD. I canuot give you the naine,
State of North Carolina. He has asked that the next presidential election come off with the but
. Mr. French, of North Carolina, informed question, leaving the House to understand that Union men of the South under the control of me this morniog that such was the fact. he knows that to be the fact, and he has stated these rebel organizations, I am inclined to think
Mr. FARNSWORTH. I cannot possibly to the House that he has been informed by that that gentleman must be found upon the let the statement of the gentleman from New another Representative from North Carolina other side of the House, and a very great way
go upon the record in the face and eyeg that such is the fact. He has left upon the over upon the other side. of the investigation of this subject by the Re- minds of Representatives the impression that Mr. STEVENS, of Pennsylvania. I decline construction Committee and of the committee his informant believes that this applicant is not to yield further to my colleague, [Mr. BROOMof conference without denying it in toto. There a worthy subject of legislative relief and ought || ALL.,) and demand a vote. (Laughter.] is but one member of Congress elected from to be excluded from this bill.
Mr. BROOMALL. Very well, I have done. North Carolina included in this bill, and that Now, sir, it is unfair for a gentleman to allege Mr. COVODE. Will the gentleman yield is. Mr. Boyden. There is one of the judges before this House indirectly in the form of a to me for a question? also embraced in the bill. But neither of question what he does not know to be true,
Mr. BROOMALL. For a question, yes. these were in the rebel army. This bill does what he would not be willing positively to Mr. COVODE. I would inquire of the not embrace any leading rebels. It has been | assert. Since he has asked that question and gentleman whether it is necessary to recon: stated over and over again that it embraces given the
House to understand that his inform- struction that Longstreet should be relieved a great many men who really have not asked for any pardon, because they have never
ant is opposed to the relief of the particular from disabilities? Does not the gentleman
applicant referred to, I have asked that Repre know that Longstreet shed more loyal blood done anything making it necessary for them sentative from North Carolina what the facts than any other man commanding the same to ask it; but they became disabled by rea- in the case are, and he tells me that there is number of rebel troops? son of holding some petty office during the indeed in this bill an applicant for relief from Mr. BROOMALL. I have already answered
not dreaming at the time that that dis- North Carolina who was in the rebel army, but that question. I now call the previous question.
to the indicta
The question was taken upon seconding the seat, unless he be laboring under some per- | [Mr. POLAND,) and the gentleman from Misprevious question; and upon a division there sonal disqualification, that it either ought to, souri, [Mr. McClurg,) without any further
she artig? were-ayes seventy-one, noes not counted. or can properly institute an inquiry as to his proof or argument, reconsidered their former
So the previous question was seconded. qualifications, under the power it claims to in- report, and on the 17th of June submitted to
The main question was then ordered, which | quire into the qualifications of its members. It the House the report we are now considering, was upon concurring in the report of the com- is too late now, after the decisions rendered closing it with the following resolutions : mittee of conference.
with almost (if not) perfect unanimity at the Resolved, That J. D. Young was not legally elected Mr. UPSON. Upon that question I call for present session, to contend that the personal
a member of the House of Representatives of the the yeas and nays. disqualification of Judge Young; if any be
Fortieth Congress from the ninth congressional disThe
trict of Kentucky. yeas and nays were ordered,
found to exist, can in any way inure to the Resolved, That Samnel McKce was duly elected a The question was taken; and there were- benefit of Colonel McKee. His right is de- member of the House of Representatives in the for yeas 98, nays 44, not voting 48; as follows: pendent on the vote cast, and that has to be
tieth Congress from tho ninth congressional district
of the State of Kentucky. YEAS--Messrs. Allison, Ames, Anderson, Arnell, determined before the other question can arise. Delos R. Ashley, Bailey, Baker, Baldwin, Banks, Bea- I shall, therefore, consider that first, and after
In this last report the committee say: man, Beatty, Benjamin, Benton, Bingham, Blaine, I show, as I can, conclusively, and I mean
"It appears perfectly clear to the committee thas Blair, Boutwell, Broomall, Buckland, Butler, Church
persons who had been soldiers in the rebel army had
1:07 ill, Reader W. Clarke, Cook, Cornell, Delano, Dixon, what I say, conclusively, that Colonel McKee no right to vote or to act as officers of election. They
tergbi Donnelly, Driggs, Eckley, Eggleston, Ela. Eliot, has no shadow of claim to the seat, I will had surrendered to the Goverpment of the United Farnsworth, Ferriss, Ferry, Fields, Garfield, Grigbriefly discuss the right of Judge Young to it,
States upon the condition that each company or regiwold, Harding, Hill, Hooper, Chester D. Hubbard, Hulburd, Jenckes, Judd, Kelsey, Ketcham, Koontz,
mental officer sbould sigo a parole for bis men, and which I hope to establish satisfactorily, even each man was allowed to return home not to be disGeorge V. Lawrence, Lincoln, Logan, Loughridge, Lynch, Mallory, Marvin, McCarthy, Mercur, Moore, under the ruling of this House, the legality of turbed by United States authority so long as he ob
Wh Moorhead, Morrell. Myers. Newcomb, O'Neill, which I do not propose in this case to discuss
served bis parole and the laws in force where he Paine, Peters, Pile, Plants, Poland, Polsley, Pom
resided. These inen were especially excepted from or controvert. The whole Committee of Eleceroy, Raum, Robertson. Sawyer, Schenck, Scofield,
the amnesty proclaimed by the President May 29, tions, with perhaps one exception, after a 1865, under the tenth exception, and there appears Selye, Shanks, Smith, Spalding, Thaddeus Stevens, Stewart, Stokes, Taylor. Thomas, Trowbridge, Twichfull examination of all the facts, agreed to the
to have been no other act of amnesty up to the time
of this election which could include them; they wero ell, Upson, Cadwalader C. Washhurn, Elibu B, Wash- report which they laid before the House on burne, Henry D. Washburn, William B. Washburn,
paroled prisoners of war." the 23d of March, 1868, which closed as Welker, James F. Wilson, John T. Wilson, Windom,
And they say further: Woodbridge, Woodward, and tho Speaker-98. follows:
"The evidence shows conclusively that in many NAYS-Messrs. Adams, Archer, Barnes, Beck, Resolved, That Samuel McKee, not having re- parts of this district at the time of tbe election legal Boyer, Brooks, Cary. Sidney Clarke, Cobb, Coburn, ceived a majority of the votes cast for Representative voters were prevented from voting by tbrents and Covode, Eldridge, Fox, Getz, Glossbrenner. Golla- in this House from the ninth congressional district intimidation; many witnesses testified that they day, Grover, Haight, Hawkins, lligby, Holman, of Kentucky, is not entitled to a seat therein as such who by abstained from votinglest they should endanHumphrey, Ingersoll, Johnson, Jones, Julian, Kerr, Representative. knott, Loan, McCormick, Mungen. Niblack, Orih,
ger their personal safety, and the proof shows these Pruyn, Robinson, Shellabarger, Sitgreaves,
fears to have been reasonable."
prolonged for more than eight months, and in speaking of this remarkable report. The NOT VOTING-Messrs. James M. Ashley, Axtell, Barnum, Bromwell, Burr, Cake, Chauler, Cullom,
after all the questions had been fully discussed simple facts are the severest criticism. That Dawes, Dodge, Finney, Gravely, Ilalsey, Hopkins, before the committee by the parties and their
a committee of this House should, in an elab Hotchkiss, Asahel W. Hubbard, Richard P. Hub- li advisers, both orally and by printed briefs.
orate and carefully considered report, after bard, Hunter, Kelley, Kitchen, Laflin, William Lawrence, Marshall, Maynard, McClurg, McCullough,
The exact question as to the validity of the patient and thorough investigation, and after Miller, Morrissey, Mullins, Nicholson, Nunn, Per- votes cast by men who had been in the rebel both sides had been fully heard, determine, in ham, Phelps, Pike, Price, Randall, Ross, Stark
army, and the right of returned rebels to act March last, that Colonel Mckee was not elected; weather, Stone, Taffe, John Trimble, Van Aernam, Van Auken, Burt Van llorn, Robert T. Van Horn, as officers of the election, being specially con
that the returned rebel soldiers were beyond Van Wyck, Stephen F. Wilson, and Wood-18. sidered, as the printed briefs laid on the tables question legal voters by the laws of Kentucky; So (two thirds voting in the affirmative) the of members at the time, both of which are now
that there was no evidence to sustain the allereport of the committee of conference was before me, will show, and the committee thus gation that the freedom of the election had concurred in.
disposes of the question as to the votes cast by been violated or Union men prevented from During the call of the roll,
the rebel soldiers, and as to the freedom and voting by reason of threats, intimidation, or Mr. GETZ said : My colleague, Mr. Ran. fairness of the election :
force, and that the same committee, without PALL, is paired upon this question with my col- “The second point relied upon by contestant, in
an additional fact proved, or argument prehis notice is that the vote of rebel soldiers, who were leagues, Mr.Care and Mr. STEPHEN F. Wilson.
sented by either party, and without giving any paroled prisoners of war, and who voted for Mr. Mr. FARNSWORTH. I move to recon- Young, should be rejected.
reason to the House for such a change, should sider the vote by which the report of the com- " While the testimony may tend to show that even now report that Colonel McKee was legally mittee of conference was concurred in ; and I more than two thousand paroled rebel soldiers who, elected; that it is perfectly clear that persons
at the date of the election, 4th May, 1867, were withalso move that the motion to reconsider be laid
who had been soldiers in the rebel army had out pardon and amnesty, voted for Mr. Young, as the on the table. contestant contends, it is adınitted by the contestant
no right to vote or to act as officers of election; The SPEAKER. The vote upon concur
in his brief that the proof is not complete and satis- that the evidence shows conclusively that in
factory as to more than seven hundred and sixtyring in the report has been once reconsidered ;
many parts of that district at the time of the it cannot again be reconsidered.
"After an examination of the testimony the com
election legal voters were prevented from votmittee are not willing to say that more than soven ing by threats and intimidation, would appear M'KEE VS. YOUNG—AGAIN.
hundred and fifty-two ex-rebel soldiers voted for
to me perfectly incomprehensible but for the The SPEAKER stated that the House would
jected in the entire vote of various precincts for knowledge I have of the fact that the dominow resume the consideration of the Kentucky
other causes, which would reduce the vote of the nant majority allow no obstacle to stand be
rebel soldiers to six hundred and sixty-six. But the contested-election case of McKee vs. Young; committee finding that there is no law of Kentucky
tween them and the accomplishment of their on which Mr. Cook was entitled to the floor.
disfranchising rebel soldiers, have not been able to purposes. I have seen a war avowedly prosMr. COOK. I-demand the previous ques- see how those votes can be rejected. "The third point in contestant's notice is substan
ecuted to perpetuate the Union and the Constition on the report of the Committee of Electially tbe same as the second. The fourth is, that in
tution, as pledged in the Crittenden resolutions, tions. a number of counties and precincts the freedom of
converted, for party purposes, into a war of The previous question was seconded and the
the election wus violated, and Union men prevented,
conquest and subjugation. I have seen the main question ordered. casting their votes for bim, (Mokee.)
thirteenth amendment to the Constitution of Mr. COOK. I rise now under the rnles to * The committee fail to find this allegation sus
the United States adopted by reason of the votes close debate, and of the hour to which I am tained by the testimony.'
of the Legislatures of States that were afterentitled I yield thirty minutes to the gentle
And on page 10 of this report the committee
ward declared not to be States by the party man from Kentucky, [Mr. Adams, and thirty proceed, in stating McKee's claim, to show that taking the benefit of the act. I have seen even minutes to the gentleman from Michigan, [Mr.
while he claimed that returned rebels could not the reconstruction acts, the favorite bantlings Upson.]
act as officers of the election, still he admitted Mr. ADAMS. I yield ten minutes of my
of the Radical party, trampled under foot in what the committee unanimously assume can
order to put a State government unanimously time to my colleague, (Mr. Beck.]
not be successfully controverted, that the law Radical over the once great State of Alabama. Mr. BECK. Mr. Speaker, there are two of 11th of March, 1862, (known as the expa- I have seen the grossest frauds and the most distinct questions presented by the Committee
triation law), of Elections for the consideration of the House,
flagrant outrages perpetrated and indorsed in "Was repealed 19th December, 1865, which restored
order to Africanize and radicalize the other which are argued separately, both in the ma.
citizenship to those who had been in armed rebellion, southern States. I have seen the executive jority and minority reports. The first in order &c., that they were restored to the right to vote, but not to the privilege of being election officers.'
and the judiciary almost annihilated because is, Who was elected by the people? because
they were obstacles in the onward march of if it turns out that Colonel McKee was elected These views, thus expressed, would seem to there will be neither necessity nor propriety me to be conclusive as to the right of the con.
the majority to consolidation and despotic
power, and therefore I do not wonder at any in this House considering the question as to the federate soldiers to vote, both on the committee and Colonel McKee, and to commit
thing that party necessity may demand. This capacity of Judge Young to take the oath and
House may reject Judge Young; may set aside hold the position. the committee at least to the fact that there
his majority of 1,479 votes ; all of them as It is only after this House has determined was no fraud or unfairness in the conduct of
much entitled to exercise the right of suffrage that Judge Young has been duly elected by the the election. , Yet in the face of all this the qualified electors of his district, and would, same committee, with the exception, I believe, onel McKee or any one else to misrepresent bis
as any men in America. It may appoint Colbecause of such election, be entitled to his of the distinguished gentleman from Vermont, || district; all this will only add another count
to the indictment on which the Radical party || has been certified by the Governor of Ken- Of course, if the 625 of whom I have been will be arraigned before the court of last resort tucky to this House, shall be set aside and dis. speaking, none of whom yoted at any of the in November next.
regarded solely because this House claims the precincts that were excluded, have been wrongBat I must return to the record, and first to right to determine who shall and who shall not fully stricken out, all the other questions might the Constitution of the United States, for which have the right to vote in Kentucky, the Con- be conceded and Judge Young still be duly the people of this country still have some re- stitution of the United States and the laws of elected, as the committee can only claim a gard. Section two of article one provides : the State to the contrary notwithstanding. The majority of 37 for McKee after rejecting all
"The House of Representatives shall be composed party in power will repent this decision in the precincts and all the individuals that any of members chosen every second year by the people sackcloth and ashes, or I am very much mis- witness either knew or had ever heard of as of the several States, and the electors in each State sball bave the qualifications requisite for electors of
taken. The constitution of Kentucky, in force having been at any time during the war rebels the most numerous branch of the State Legisla- when this election was held, and still in force, or rebel sympathizers.
prescribes that all white male citizens of the But I propose to show, and as I said at first Will any man on this floor dare to deny that | State, twenty one years of age, who shall have to show conclusively, that all the judges and the State of Kentueky has the exclusive right resided in the State two years, or in the county, other officers of the election at the rejected to determine what portion of her people shall town, or city in which they offer to vote one precincts were legally qualified to act as such. have the right to vote for representatives in year next preceding the election, shall be elect- All the reports concede that any man in Kenthe most numerous branch of the State Legis- ors of the most numerous branch of the Legis. tucky who has the right to vote is competent to lature? Will any man venture to assert in the lature of that State. (New constitution of be an officer of an election. The first report intiface of laws of Kentucky regulating suffrage in Kentucky, art. 2, sec. 8.). It follows, there- mated, rather than asserted, that there might that State, which are published in the report fore, that no vote cast for either Young or be some question as to the legality of this elecof the committee made to this House in March McKee can lawfully be rejected on account of tion at a number of precincts, because a major last, that these returned rebel soldiers had not the voter's participation in the rebellion, no ity of the officers conducting the election there the right to vote for members of the Legislature matter to what extent that participation may voted for Judge Young. The last report seeks of Kentucky. I presume not. Yet if they had, have gone ; and there is still less pretext for to exclude the votes cast at these precincts for they had the right to vote for a Representative | this claim of contestant, because Congress has the reason that the officers, or some of them, in Congress. One State may allow female never assumed to declare who shall or shall were not qualified voters, because they had been suffrage, alien suffrage, or negro suffrage, may not be voters in Kentucky, even granting that rebels, and therefore could not be officers of remove all restrictions; another may exclude there are those who may be willing to go to the election. I will first cite the laws of Kenall these, and, as in Rhode Island, impose || the extent of admitting that it has that power. tucky bearing upon this question, and then property qualifications, yet the members sent It is true that the Legislature of Kentucky, by notice the objections made in said reports. The here cannot be questioned, nor their right to a an act approved March 11, 1862, sought to laws I refer to are as follows: seat withheld because the majority of the mem- deprive all who had participa:ed in the rebel- "Each county court shall, in the month of June or bers here disapprove of the action of the State | lion of the right of suffrage, but this act was July in every year, appoint two justices of the peace, in saying who should and who should not be repealed by an act approved December 19,
if so many there be, or one justice and one other
suitable person, as judges, and a clerk of the election electors. Let the principle be established, as | 1865, which is as follows:
for cach precinct in the county. It shall also in the I suppose it will be by the dominant majority "SECTION 1. That an act entitled “An act to amend
month of March or April of every second year apin this case, that Kentucky has not the right to the fifteenth chapter of the revised statutes, entitled point two suitable persons as judges, and a clerk of determine who shall be electors there, and that
Citizens, expatriation, and aliens,'” passed March the election for each district for the clection of jus11, 1862, be, and the same is hereby, repealed, and all
tices of the peace and constables in the county. Such Congress will exclude the votes of all such as persons who may have lost any constitutional, legal,
judges and the clerks shall hold their offices till their the majority here do not think ought to be or other right or privilege by operation of said act successors aro appointed and qualified." allowed to cast their votes for members of the
sball be, and are hereby, restored to the full and free
use and enjoyment of the same, as completely as if "Should the court fail to appoint such judges or State Legislature or of Congress from that said act had never been passed.
clerk, or either fail to appear for thirty minutes after State, and what is the result? Why that one "SEC. 2. This act shall be in force from its passage, the time for commencing the election, or refuse to House of Congress regulates and determines
and may be pleaded in bar of any prosecution on any act, the sheriff or his deputy shall appoint a suitable
indictment or other penal proceedings growing out person or persons to act in his or their stead for that all questions of the right of suffrage in the of said act.”-Myer's Supplement, page 687, Appendix. election."--Rcv. Stat. of Kentucky, vol. 1, p. 432. States, at least so far as the members of this The act of March 11, 1862, had also been House are concerned. declared unconstitutional and void by the
(Myers's Supplement, p. 456.) Let there be no grumbling when majorities supreme court of Kentucky, and full pardon "An Act to amend section one, article three, chapchange. Let the rule you propose to adopt be
ter thirty-two, title Elections,' of the Revised had been granted to all who took part in the
Statutos. adhered to, and it follows that every Repub- rebellion by the act of January 13, 1866. The
"Be it enacted by the General Assembly of the Commonlican member of Congress who is elected by a President had proclaimed the rebellion as wealth of Kentucky, That hereafter, so long as there majority of negro votes in the eleven southern closed on the 28th of August, 1866, and Con. are two distinct political parties in this CommonStates--for I include Tennessee-may be re
wealth, the sheriff, judges, and clerk of election, in gress had indorsed and ratified this proclama:
all cases of election by the people under the Constijected the moment we elect a majority of tion by an act passed March 2, 1867. So that tution and laws of the United States, and under the Democrats in the other States and their places long before the 4th of May, 1867, when this
constitution and laws of Kentucky, shall be so sebe given to the Democrats who get the majority election was held, all who had in any way par
lected and appointed as thatope of the judges at each
place of voting shall be of ono political party, and of the white votes in these districts. We think ticipated in the rebellion were restored to all the other judge of the other or opposing political Kentucky bas as much right to say that her their political rights and privileges, and had party; and that a like difference shall exist at each own sons-many of them the most honorable,
place of voting between the sheriff and clerk of elecall the qualifications of an elector as fully as
tions; Provided, That there be a suficient number intelligent, and gifted of her people--shall | if they had never been in the rebellion at all. of the members of each political party resident in exercise the right of suffrage, if they did take What difference, then, does it make in this the several precincts as aforesaid to fill said offices. the part of the South, as that your recon:
And this requirementshall be observed by all officers case whether seven hundred or seven thousand
of this Commonwealth who have the power to apstructed States shall say that the political of those who voted for Young had been in the point any of the aforesaid officers of clection, under power there shall be placed in the hands of rebel army? They were still, under the con- the penalty of a fine of $100 for each omission, to be ignorant and degraded negroes. I do not pre
recovered by presentment of the grand jury. stitution and laws of Kentucky, qualified electtend to predict what the Democratic party will ors of the most numerous branch of the State
* March 15, 1862. do. I know we think this is and ought to Legislature, and had as much right to vote for
"An act to amend an act entitled 'An act to amend be a white man's Government. But what I do
a member of Congress under the Constitution section one, article three, chapter thirty-two, title say is that if you establish the principle now of the United States as either of the candi
• Elections, of the Revised Statutes,'approved Febasserted in the last report of the majority of
ruary 11, 1858.' dates themselves.
"Sec. 1. That in construing the act approved Febthe Committee of Elections, in spite of all our I will notice the other laws of Kentucky
ruary 11, 1858, to which this is an amendinent, those protestations and remonstrances, it will not touching elections when I come to speak of who have engaged in the rebellion for the overthrow lie in your mouths to find fault with any action | the precincts rejected in the last report because
of the Government, or who have in any way aided, the Democrats may hereafter see fit to take in
counseled, or advised the separation of Kentucky of the supposed ineligibility of the officers of from the Federal Union by force of arms, or adhered regard to the Representatives sent here by the the election there, or some of them, and will to those engaged in the effort to separate her from negro votes of the South, when their seats are
the Federal Union by force of arms, shall not be only state here that if I am right, or rather if
deemed one of the political parties in this Commoncontested by men who have received majorities the committee was right when, in March last,
wealth within the provisions of the act to which this of the white votes in the districts where they it said in its report:
is an amendment. reside. Bad precedents cannot always be set
"SEC. 2. This act to take effect from and after its aside when the immediate purpose they were
“The committee, finding that there is no law of
Kentucky disfranchising rebel soldiers, have not intended to serve is accomplished.
been able to see how those votes can be rejected," The first act merely points out how officers It will be remembered that the question of
This branch of the case is closed, because, of elections shall be appointed. The second Judge Young's loyalty or disloyalty does not
in order to be able to declare McKee legally provides that each political party, so long as enter into nor constitute an element in determ- elected, the committee not only have to reject | there are two, shall be equally represented in ining this question. If the seat is awarded to by wholesale all the votes cast at all the pre- the officers so appointed, and inflicts a fine of Colonel McKee because he was duly elected cincts where either a rebel soldier or sympa- $100 on the judge or sheriff who violates this he would have been as much entitled to it if thizer was an officer, but have to reject the 625 provision. The third, which is an amendment General Grant had opposed him as he is now,
votes of the men who were rumored to have to the-second, as its title shows, merely proIt is simply a decision that 625 votes received been at some time or other in the rebel army, vides that no political organization which adby legally appointed and competent judges of and after they have done all that they can only heres to those engaged in rebellion, or which the election in Kentucky, the legality of which foot up a majority of 37 for Colonel MeKee. ll gives it aid or comfort, or seeks to separate Ken