« ForrigeFortsett »
This case, Mr. Speaker, presents something a little unusual, I might almost say remarka'yle. A very large majority of the Committee ot Elections belong to the dominant party in this House-the Republicans-and this com mittee unanimously, with one exception, have reported against the sitting member, who also belongs to that party, a gentleman whom we all regard as a valuable member of this House, and whose association with us we should be glad to continue if we could find that he was legally elected. The committee, I say, are, with one exception, unanimous in this report. This exception is the gentleman from Missouri, Dir. McCLURG,] and I cannot but believe that it he had been as free from personal and political bias in reference to this case as were the other inembers of the committee he would have concurred with us in the result to which we arrived.
This case is in somewhat narrow compass. The ninth congressional district in Missouri comprises ten counties. At the election held on the 6th of November, 1866, for member of Congress, in all the counties of the district except the county of Callaway, George W. Anderson received 4,876 votes, and William F. Switzler received 4,698, making a majority for Anderson of 178 votes. The county of Callaway gave Anderson 103 votes and Switzler 1,463 votes. If the vote of this county had been added to the others Switzler would bave been elected by a majority of 1,122 votes over Anderson. This case turns wholly upon the question whether the vote of the county of Callaway should have been counted. The secre. tary of State, who, by the statutes of Missouri, is the proper officer to open the returns and count the votes, or to use the precise language of the statutes, to cast up the votes given for members of Congress, took it upon himself to say that there had been no legal registration in this county of Callaway, and therefore he assumed the responsibility of throwing aside the vote of this county, and thus giving the election to his political friend, the sitting member. Whether the secretary of State had any legal right to go behind the return and say that the vote of that county should not be counted is one question. Another question is this: admitting he had not the right, is there Siitlicient in the evidence introduced in this case 10 slow it is the duty of the Honse to disre. gard the vote of the county of Callaway so as 10 give the election to the sitting member? There is something certainly very curious in
The secretary of State took it upon him to reject the vote of Callaway on the ground there had been no legal registration of the votes of that county; upon the ground there was such a state of violence, not open violence, but such concerted or secret violence, such fear and intimidation on the part of the registrars in that county, that they were not able to do their legalduty in registering voters ; and there. fore the vote of thai tunty was to be thrown
It is conceled the registration in that county and the voting in that county was as peaceable as any registration or any voting in any county in New England or any county in the Union. There is not a particle of evidence there was an act of violence or even an act of threatened violence either in the registration or in the voting. Yet the majority for the contestant is to be set aside upon the ground there was intimidation, there was fear in that county; that it was impossible for the registrars to do their duty and there was no registration.
This is a queer state of things, a strange state of things, when it was conceded before the committee by the sitting member and his counsel, and the proof may be looked over ever so carefully and there is not a particle of evidence to show there was anything but quiet during the voting in that county. Still that vote is to be thrown aside.
It is proper I should allude for a moment to the law of Missouri in reference to registration. In the first place, the Governor of the State is to appoint a superintendent of registration in each county. The superintendent of registra
tion in each county is to appoint registers in In addition to this, Thomas procured three
As the superin endent of this registration | returns and upon this evidence to decide whether the Governor appointed for the county of Cal there was a legal reyistration or not. But I laway William H. Thomas, and Thomas ap conceive that it is not very important whether poinied the various district registrars. There I am right or whether the committee are right is no question each one did not proceed in due in relation to this or not, because even con: legal form to perfect the registration, or that || ceding that the secretary of State had power copies were not made and duly certified. In to go heyond the returns, it is very clear that accordance with the laws of the State of Mis this House have no right to go behind them. souri the superintendent of registration and But if the facts disclosed in the evidence before the registrars of the various districts, the super the comınittee in this case were sufficient to intendent being the president of the board, show that there was such a state of affairs, of were to assemble to revise the registration of violence and intimidation in that county as to the district. When this was done, when this prevent a fair and honest registration, why, registration was supervised by this board, the ihen, I concede it would be entirely within the copies of registration having been duly certi power of this House to determine that the regisfied to them by the district registrars, then it iration was illegal and that the vote of the became the duty of this superintendent to fur. county ought not to be reckoned in determining nisl a copy of the registration to the secretary who was elected from this congressional disof State of Missouri. A copy of the registra
trict. So that it becomes important to con tion was duly certified and placed in the hands sider the power of the secretary of State in of Superintendent Thomas, and was carried this matter except as showing the purpose, the by him to the capital of the State, where the intent, the animus that existed on the part of secretary of Staie had his office. There, the this secretary of State and this returning offievidence shows, the matter was discussed cer, Thomas, when they undertook to mutilate between the secretary of State, Rodman, and the registration of this county and to blur and superintendent ofregistration, Thomas, whether blou it for the purpose of inducing the secretary there was not some mode by which the vote of State to throw the vote of the county aside, of this county of Callaway might be got rid of and give the certificate to the sitting member and leave the majority in favor of the sitting instead of the contestant who was elected. member. Thereupon this William H. Thomas, Mr. LOAN. I desire to ask the gen:leman the superintendent of registration, appended this question: whether there is any evidence to the registration of the county this certificate: in the record that any registration was made “I hereby certify that the above and foregoing list
by the board of registrars of the various town. of registration is a correct copy as furnished me ships in that county presided over by the by the oblicers of registration for the various elec supervisors of registration and certified to by tion districts in and for Cuilaway county, Missouri,"
them to the secretary of State, as required by That was a proper and legal certificate, and law? there ended the duty of Mr. Thomas as the Mr. POLAND. I am very happy to answer certifying officer of registration of that district.
the inquiry of my friend from Missouri. In But in pursuance of this arrangeinent between
the first place, the statute of Missouri pro les Mr Rouman and the secretary of State, he went
that after the appointment of these district on to add something entirely beyond bis legal registrars, and after they have performed their power as a returning officer, and something duty in making the registration in the various that was entitled to no weight with the secre
election precincts, it shall be their duty to come tary of State or with the Committee of Elec
together and act as a board of registration, and tions or with this House, as evidence in rela
the superintendent of registration is, by law, tion to the validity of the registration. The
to act as president of the board. Now, if residue of the certificate is as follows:
there were no evidence on the subject the legal And I hereby further certify that the registration presumption would be that the officials did law in its letter and spirit was not carried out in any their duty. Wherever there is no proof one one of the election'districts of said county: that such a system of intimidation and threatening was carried way or the other the legal presumption is that on by the disloyal, and those opposed to the law, as the officers of the law did their legal duty. to deter loyal men from undertaking the registration in most of the election districts, and was conse
But appended to the registration of each of quently intrusted to men who most shamefully disre these election precincts there is a certificate of garded the law.
I, Isaac D. Snedicor, oficer of registration in and was such intimidation and threatening used as to
for the first election district in and for the county of
Callaway and State of Missouri, do hereby certify deter those who were willing to make objections to those they knew not to be entitled to registration as
that the foregoing list of registered voters is a true
and perfect copy of the register of qualified voters in qualified voters, and, as a consequence, the law could not and was not carried out, as thecertificates hereto
said election district, as ascertained and determined
by the board of appeals and revision sitting for that appended show. Given under my hand this December 12, 1866. purpose in and for said county, WILLIAM H. THOMAS,
Given under my hand this 27th day of October, Supervisor of Registration for Callaway
A. D. 1866.
ISAAC D. SNEDICOR, County, Missouri.
Officer of Registration.
the testi man who
most m ting ine
a good Yote of
tration the las
con and test
To the registration of each township or elec registrars felt themselves in such peril that certainly is very great ground for doubt in rela.
Turley; tion precinct there was a certificate signed by they dared not to go on and do their legal tion to the truth of the statement of Mr. Thomas the registrar in precisely those identical words. duty. He not only certified this county out,
when he testifies in relation to this registration Mr. LOAN. One word in this connection. and got the secretary of State to disregard it, || in Fulton township; and there is not a parti
he was in I will state that I have diligently examined this but he is the principal witness by which the cle of evidence that while he sat on this board
for, sav record and that I can find in it nowhere any sitting member undertook to establish the fact of appeals he ever raised the slightest objection evidence that these officers did perform the before the committee, and to have us find it to the registration in this township or in any duties devolved upon them by law, and as far and report it to the House.
lence of as I am concerned I do not believe they ever Now, I will recur for a moment to the testi Mr. LOAN. I cannot believe that the did that thing.
mony in relation to this matter as to the fact, tleman from Vermont (Mr. Poland] would Mr. POLAND. I cannot yield for a speech. without taking any more time to discuss the intentionally make any statement not strictly
Mr. LOAN. I believe there was no such legal question as to whether the Secretary of correct, and I ask him to read the testimony board registration held, and that there was State had any right to do as he did do, to throw of Mr. Garner in regurd to this man Snedicor, retary: no revisal of the lists and no copy of the regis. out the returns from Callaway county. Let and the character of the men who registered, tration forwarded to the secretary of State. us now come to the fact itself, as if the secre. and then I desire to know whether he under
certific The certificate of Mr. Snedicor just read, not tary had counted the vote of Callaway county; takes to indorse the character of Soedicor in being authorized by law, furnishes no evidence as if the case between those parties was re comparison with that of Mr. Thomas or anya siting to the committee or to the House that any versed; as if Switzler had received the cer body else. such board was held. Now, I ask the gentle tificate of election, as he ought to have received Mr. POLAND. Mr. Speaker, I cannot go man to state to the House whether that board || it, and his seat was contested by Mr. Ander into all the details of the evidence. It is sev. of registration was held, and whether they son, who is now the sitting member. Is it eral months since the case was examined by would supervised the registration and certified it to established that there was such a system of the committee and this report presented to the
siguci the secretary of State as required by law? intimidation and fear in Callaway county that
House. Those are points I want answered.
there could not be and was not a legal regis Mr. LOAN. The gentleman was speaking Mr. POLAND. As I said before, if there
tration of voters? Now, as I said, the import of Mr. Snedicor as a man who stands fairly was not a particle of evidence on the subject ant witness, the principal witness on the part || before the House upon the evidence presented, datea the legal presumption would be that these of the sitting member to establish this, is this and I want him to refer to the evidence of Mr. officers of ihe law did what the law made to be
On same William H. Thomas. The only evidence | Garner, which will showtheir duty. That is a principle that applies to
he w introduced for the purpose of showing a dis. Mr. POLAND. My friend from Missouri public officials everywhere in relation to their regard of the provisions of the law by any of the will have abundant opportunity to present to
is this official conduct, as everybody knows who || district registrars is that of William H. Thomas, the House the facts about Mr. Thoinas, and
have knows anything about law. The familiar maxim as to the registration in Fulton township, of about all parts of this case. is Omnia præsumuntur rite esse acta. So I say which J. D. Suedicor was registrar, and ap Mr. MILLER. I desire to inquire whether
pror that if there is no proof upon the subject the fact pointed by Thomas. Thomas testifies that he any of these men, notwithstanding they were is to be taken to be so. But more than that, was present and saw Snedicor register a num
registered, bad participated in the rebellion. here is this certificate. The district registers ber of persons. He says:
Mr. POLAND. Very few. There is evicertify that the revisal took place and that they "I thought his whole movements were contrary to | dence that perhaps half a dozen of those who returned copies of the registration to the super
law, in this, that ho subscribed the names of the were registered—- think not more than that, intendent of registration of the county, And
applicants instead of their subscribing their own
were disloyal persons and ought not to have the superintendent of registration acknowl. them if they could take the oath, instead of admin been registered. Upon this registration Mr. edges this by his own certificate. He
istering it; and that he totally failed to administer | Thomas, before he delivered it over to the sec
the additional oath given under the attorney gen"I hereby certify that the above and foregoing list eral's instructions, by which to ascertain the true
retary of State, made various minutes and
fris of registration is a correct copy as furnished me by qualifiations of applicants. I protested against tho
memoranda, and on page 4 of the report of the oflicers of registration for the various election districts in and for Callaway county, Missouri."
proceeding as being illegal, became disgusted, and the committee we present a copy of an entire
left the otlice." ' That is the certificate of superintendent
That is the only evidence there is in the case
page of this registration, with the comments Thomas himself. He certifies that they are in relation to improper conduct on the part of
made upon it by this Thomas, superintendent
of registration. This is a speciinen: correct copies as furnished him by the officers any district registrar. On the other side Sne "Agee, James H., enrolled disloyal in 1862. of registration for the various election districts | dicor, the registrar of that district, says there "Ailen, James G., enrolled distoyal in 1862 in and for Callaway county. was no person registered who did not take the
“Atkinson, C.O., enrolled disloyal in 1803; required
TIE Mr. LOAN. The answer to that is that not
to take the oath of allegiance. oath. That, perhaps, deserves some explana.
"Atkinson.J.A., required to takcoath ofallegiapeo. being authorized by law it is of no force heretion. Every man who applies for registration " Bailey, Willian II., disloyal, rebel sympatbizer; or elsewhere. in Missouri is obliged to take the test- oath, the
refused to take convention oath as clerk of court, Mr. POLAND. I say that not only the strict test-oath prescribed by the Missouri stat
now county clerk eloct.
Burues, T. S., enrolled disloyal. legal presumption but the legal evidence is
ute. He cannot even be allowed an examina Bartley, Josepb D., has been in rebel or bushthat these several district registrars met as a tion before the registering officer until he has
whacking service; registered in Fulton, lives in Si.
Aubert. board of appeal and were presided over by the
first taken that test oath, which any gentleman “Basket, Martin, enrolled disloyal. superintendent, Mr. Thomas, and that the who will take the trouble to read it will find to Beavan, Charles, enrolled disloyal. registration of each one of these election pre. be a very strict one. Mr. Snedicor says that
Beavan, Jobu T., enrolled disloyal,
Becker, Engel, enrolled disloyal. cincts was revised and corrected by the board no man was registered who did not take that
Beeding, Thomas II., enrolled disloyal; registered of appeal. There is all the evidence which oath. He says:
in Fulton, lives in Round Prairie. the law can furnish upon the subject. This “There were about twenty-five-not exceeding
** Bella ma, George W., enrolled disloyal, record of registration could not have been twenty-five-of the first who registered to whoin I
Bennet, Willis D., enrolled disloyal; required to explained the oath, and asked them if they took the
give bond of $1.000. legally completed without that. The only legal onih, and upon being answered that they did, I had
Berry, John G., enrolled disloyal. evidence that that was done was to be the certhem subscribe their names."
Berry, Samuel II., influential rebel sympathizer. tificates of the officers ; because the law pro
“Blackamon, James, been in rebel army. (1. 3.
Now, I apprehend that there is no lawyer in || Turper, witness.) vides that they shall make such certificate, and this House who will say that this was not a
"Blackamon, James A., rebel sympathizer, notothat the certificate shall be evidence of the
riously disloyal. (H. S. Turner, witness.) legal administration of an oath. I am not fact. So I say there is all the legal evidence
Blackburn, Thomas, enrolled disloyali under bond aware that any statute in force in Missouri, or
of $2,000; stated on oath he could not take the oath that is necessary, and all the law can furnish anywhere else provides the form of adminis as juror at circuit court. in relation to the revision of the registration tering the oath. The laws merely provide for
“Blage, William D., enrolled disloyal; took Judge
Ansell's tiro borses in 1861; said they wero for of that county.
Therefore I say that the an oath; and when a man appears before the Porter." attempt of Mr. Thomas to slur over this regis proper officer and the oath is explained to Mr. Thomas, in his testimony, says that he tration by putting on this outside certibcate, him, and he subscribes it, the officer duly cer
copied some of these memoranda from some and especially when he took that registration tifying that he took the oath, that I take it is military record, or a copy of a military record and entered upon it, against several hundred a legal administration of the oath. According that he had found, which does not appear to names, that this man was a bushwhacker, that to my apprehension, there is no propriety in have been made under any authority of law, man was a rebel sympathizer, &c., he did what sticking about forms. Whether the person tak.
or to be authenticated in any form. Hence, he had no right to do, and what the secretary ing the oath shall hold up his hand or kiss the say there is no evidence, except as to a very of State for Missouri had no right to regard. book is not a matter of statute regulation ; it
small number of persons, that those registered But this Nir. Thomas seems to be the very is a matter of usage everywhere.
as qualified voters were really disloyal. soul of this case on the part of the sitting Now, in relation to this registration in Ful
But to come to the evidence particularly as member. He not only got the secretary of ton township, and as to whether there were
to the question of intimidation, whether there State to throw aside this registration upon his irregularities there, the evidence is that of
was such a state of fead and intimidation in certificate, but he is the great witness relied Thomas upon the one side and of Snedicor,
that county that the district registrars dared upon by the sitting member, before the Com the registrar, upon the other; and so far as
not do their duty. I have already referred on mittee of Elections, for the purpose of prov: appears in this case there is quite as much ing the fact he has put in lis certificate. What ground to believe that Mr. Snedicor is an hon
of Thomas, the man who certifies the vote of do they claim here? That there was an illegal est and truthful man as that Mr. Thomas is
this county out in the first place, and now and iuvalid registration; that there was such such a man, I know nothing of Mr. Thomas,
undertakes to swear it out. I have referred 10 a system of lear and intimidation that these except as he appears in this case, but there
him. Then there is the testimony of James E.
the part of the sitting member to the evidence
Turley; and I ask to take a little time to read the testimony of this lion-hearted Turley, this man who says he could not do his duty because he was intimidated. I wish gentlemen to listen; for, saving the testimony of Thomas, it is the most minute testimony on the part of the sitting inember to show there was fear and vio. lence on the part of the registrars, so they could not do it. Here is a good picture of the man and a good picture of the state of things, and a good picture of the pretenses upon which the vote of this county was thrown out by the secretary of State. James E. Turley, the registrar lor Bourbon township, whose statement or ceriilicate to the secretary of State has before been referred to, was called as a witness by the sitting member, and was asked as follows:
"Question. In signing the certificate to your registration for Bourbon township, did you bclieve that the law was faithfully carried out?
“Anstoer. I did then, sir; and if I had to do it again would do just as I did then; but I heard after I sigued the certificate things which if I had known when I registered I would not have signed the certificate.
"Question. Was there not a system of intimidation in the county at the time?
* Anaucer. There was against me, sir. I was intimidated by fear of being interrupted.”
On his cross-examination by the contestant, he was examined as to the grounds of his fear, and what was said, and by whom, and as he is the only one of the registrars who claims to have been prevented by tear from doing his proper duty, his testimony on that subject is worthy of attention:
"Question. What did the people say that scared you?
Answer. When you the contestant) spoke in the court-house, you asked it the supervisor was present, and when told ibat he was not, you then asked if any registrars were present, and he told them that we were in a very delicate situation, and to be carefui.
Question, What other porsons said anything to scare you?
Answer. James K. Sheely made another very frighiul remark to me.
"Question. When and where did Sheely make the remark, and what was it?
"Ansicer. It was after I was appointed, in front of his oice, ia tulion. He said it this registration law Wild carried out according to Radical rule there would be live hundred law suits in Callaway county.
"Question. Did not you carry out the registration according to the Radical rule?
'Annwer. I do not think I did, as I had to skin between two partics, as it was rithor a zigzag course, diable to a suit troin either party.
Question. Were there any suits brought against you? "Answer. Not tbat I know of.
'Question. What other persons scared you by remarks?
"Anrer. Jeff, Jones made remarks in a speech here that scarci ne.
Question. What did Jones say?
Answer. Jones advised the people, soldiers and all, to open polls of their own, and hold an election in spite of tuo registration.
Question. W:s not Jones's advice not to resist the registration law?
* Answer. I did not so understand it; but he advised them not to register at all, but to hold polls of their own at the election.
· Question. What other persons made frightful remarks to scare you?
Anscer. Well, sir, I will tako Mr. Ilockaday as the next man, as he struck more terror to niy heart than anybody else, Mr. Blockaday got up the day Mir. Jones spoke and read a document, one clauso of which was that we will put down the Radical party so that they will never destroy any otheruation as they have done this.'
Question. Was not that document a resolution ratilying the action of tic Philadelphia convention?
Ansier. I don't know.
Annicer. llo said pretty inch what you said; only he went further and said that if any man cano forward and took the oath of loyalty, and the registrar refuscu to register him, he was liable to prosecu.: Question. Are tlıcse all that scared you?
Auswer. These were alltheimporiant ones; there was some neighborhood chat of minor importance.
H. S. Turner, whose certificate to the secretary of State has been quoted, was appointed registrar for Round Prairie township, and after registering one day resigned the position. He was asked:
Question. What were your reasons for so doing? (resizning.)
Answer. I found I could not execute the law properly.
Question. What were the difficulties you had to contend with ?
"Answer. A great many refused to be questioned as to their qualifications.
"Question. Those whom you registered, did they the same; was present every day; never saw refuse to be questioned?
it more quict. "Ansroer. A good many did, sir. Question. Did you believe from your knowledge
Martin Baker, of Bourbon, says the same in of the township at the time that a proper registra substance. tion could be made under the law ?
Rawdon H. Hood, of Liberty, was present "Annier. I did not, sir?
Question. Were persons whom you know to be at registration; it was quiet and orderly ; disqualified demanding to be put on the list as heard of no threatening or intimidation ; regisvoters?
trar said he had met no difficulty. "Answer. Yes, sir," I have taken the trouble, Mr. Speaker, to
John Wilson, of Cedar, says the registration read the testimony of this witness at length ing or intiinidation ; men were not deterred
was quiet and peaceable; heard of no threaten: because, aside from Mr. Thomas, this lion. hearted Turley is the great witness of the sitting from voting or making objections.
James W. Overton, of Cedar, says so far as meinber. Now, sir, is it not perfectly ridicu
Thomas's certificate applies to his town it is lous for a sober and serions man to undertake
false. to say this officer of registration was prevented
William King, sheriff of the county, was a from doing his duty; that he dared not do his duty; that he dared not include men who were
good deal among the people during the canentitled to registration; that he dared not regis
vass; heard ofno threatening orintimidation to
interfere with the registration law, except some ter inen who were entitled to vote, and all this
men said if registrars did not carry out the upon the ridiculous pretense we have here? Is
law they would sue them; heard Turley say there any man here, any man upon this floor,
twice after the session of the board of appeals upon this side, who, to serve a political friend,
that he had got along as well as any registrar or with any idea of serving his political party, will stand upon so ridiculous a ground as this?
in the county, and his books did not show a
scratch. Then we have the testimony of J.J.P. Johuwho said :
Isaac D. Snedicor, registrar of Fulton, had son,
no difficulty ; registration was quiet and or“I think there were some who said they would have a free olection or a free fight."
derly ; says Thomas's certificate is false as to Next we have John Yount:
his township: "Were thrcats made against olicers of registra
But, Mr. Speaker, as I said in the outset, tion?
all that is conceded. They do not deny it on Nothing, except lawsuits; they said around they the other side. It was conceded by the genwould have a tree election or a free fight.
tleman who argued the case before the com“ Were objections made to those registering?
"No, sir; some told me they were afraid to act as mittee for the sitting member, and who I supwitnesses. Witnesses said they would not attend, pose will make a speech in reference to the and I did not think it safe to risk it myself.”'
case before the House, that there was no Abram Suithen testified as follows:
violence and no appearance of violence. It all "I thought it not safe to objcct to registration. resolves itself into a certain fashionable color They said it' they could not vote others should not."
a few years ago called invisible green. It was William H. Thomas said :
violence that nobody saw. One piece of evi. “It was the general talk throughout the country dence that is relied upon on the part of the among the disloyal that they intended to bare a free election or a free fight; and they intended to regisier sitting member to establish this, is the state anyhow or havo a luss over it. That kept men from of things that existed in that county during going to the placo of registration and laying in vb
Several witnesses have testified that jections." J. S. Henderson, of Fulton, was applied to
the general sentiment of that county during
the war was disloyal. They estimate, I think, to be registrar, but declined, and was asked for his reasons:
from one hundred and fitiy to two hundred
persons in that county who were rebel sympa“I did not wish to register the township, Did you believe you could properly enforce the
ibizers. There is no pretense that it is shown law ?
in the testimony that there was any such pro"I did not know that I could not; but didn't wish
portion of the people of the county who were to have any conflict with the inhabitants. Thought it would be an unthankful and unprotitable business
guilty of any disloyal acts, but it is claimed to ouforce the law."
ihat they were rebel sympathizers. That bas Then, on the other hand, John Vinson, reg. come to be, not only in the political, but in the istrar of Nine-Mile Prairie, says there was no legal world of Missouri, a very iinportant phrase. opposition or interference with registration ;
Mr. LOAN. I ask the gentleman if he does not threatened and heard of no threats by any.
not understand that the law of Missouri disbody ; everything was quiet.
franchises rebel syin pathizers ? Thomas II. Beeding, of Round Prairie, heard Mr. POLAND. Yes, sir; I do. That is of no threats, and does not think persons
the law of Missouri. Whether wisely or un. would have been in any danger by appearing wisely they undertook to say that people shall and making objections. He heard Turner say not vote merely upon matters of conscience he had no fears; but people did not like the and opinion. The commitiee have not underway he questioned them.
taken to decide here that the State of Missouri A, B. Maupin, registrar of Round Prairie, ll did wisely or unwisely in passing such a law. was not threa:ened or interfered with; does It is the law of Missouri and we have not undernot think persons would have been in danger taken to gainsay it. But when you undertake to ot' insult or violence who made objections ; apply this in practice, when you undertake to heard nothing of the kind.
get witnesses to estimate the number of persons T. J. Ferguson, registrar of Cote Sans Ded. who sympathized with the rebellion and who cast dein, was not threatened or interfered with in their votes, the result will be that they will estiany way.
mate just as many such persons as voted against L. B. Hunt, registrar of Aux Vasse, was not
the candidate of their choice. Practically that threatened or intimidated or in any way inter..) is the result of such a law as this which underfered with in making the registration.
takes to exclude men from voting on the ground John Yount, registrar of Cedar, was tbreat of having sympathized with the rebellion, not ened only with lawsuits. Some 'men said if for illegal acts, but for entertaining wrong opinthey were not registered there would be a law. ions. The witnesses that you call on one side suit about it; but they never brought any.
or the other will limit their testimony to the John K. Boyd, of Round Prairie, says the
number that voted for or against their choice. registration was quiet, peaceable ; no disturb Mr. LOAN. I would like to ask the gentleance; does not believe persons would have man if he would be willing to take the conmet any difficulty by objecting to persons reg.
testant's estimate of the number of rebel sym. istering
pathizers and the number of loyal men in that George A. Moore, registrar of St. Aubut, county? was not threatened, intimidated, or interfered Mr. POLAND. I have nothing to say about with in any way in registering.
that. M. T. Moore, of Cedar, does not know or Mr. LOAN. I am willing to take his statebelieve there was any threats or intimidation ment. used to retard or interfere with registration. Mr. MULLINS. The gentleman from Ver
Morgan B. White, of Nine-Mile Prairie, says mont (Mr. POLAND] has said that there were
abendm with the and inci apiendu
men there who sympathized with the rebellion, this is. In the first place, the vote of this Senate to the bill (II.R. No.1284) to change and more whose hearts were set on rebellion, but who county fell short by eight or nine hundred efi'ectually secure the collection of internal taxes ou
sioner of did not take any active part in the rebellion. votes of that which was cast in 1860.
distilled spirits and tobacco, and to amend ibo tax
on banks, having met, after full and free conference Now, admitting that their hearts were set upon [Here the hammer fell.]
have agreed to recommend, and do recommend, to
the one t rebellion, how much more would it take to Mr. BENJAMIN obtained the floor.
their respective Houses as follows: make rebels of thein ?
That the llouse recede from their disagreement to Mr. POLAND. If the gentleman from the amendments of the Senate numbered 2, 3, 6.7.9. Mr. POLAND. I do not think the gentle. | Missouri [Mr. BENJAMIN) will yield to me a 10.11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 27, 28, man and myself will differ about that. I stated moment I desire, as the contestant in this case
29, 30, 31, 32, 33, 31, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45,
bill, isol the other day here in the House that I was as
46, 47, 48, 49, 51, 52, 531,56,57, 58, 59, 60, 61, 62, 63, 64,63,
lowing: may, in a certain contingency, desire to address
66, 67, 68, 69.70, 71, 72, 73, 74, 75, 76, 81, 82, 83, 85, 86, 87, willing to vote for the man who fought for the the House, to move that he be permitted, if he 876, 83 881, 59, 89, 90, 90, 90, 91, 92, 93, 94, 95, 96, 103,
puiu un rebellion as for the man who prayed for it. should desire it, to do so under the rules of ihe
104, 106, 108, 109, 110, 112, 113, 114, 115, 115, 116, 120, 121, But the difficulty is that when you undertake House.
122, 123, 124, 125, 126, 127, 130, 131, 135, 136, 137, 138, 139,
revenu 140, 141, 146, 147, 148, 150, 151, 153, 153, 154, 155, 157, 159,
197;ai to throw out the vote of a county or a town
The motion was agreed to.
160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 171, 173, 174,
detectos ship upon the estimate of somebody as to the Mr. BENJAMIN next addressed the House.
175, 176, 177, 178, 179, 183; and the House agree to the
1350r or number of persons there who entertain bad
eshem Before the conclusion of his remarks he yielded That the Senate rocede from their amendments Issage opinions, every man will estimate that number for the transaction of other business. His
number: 1,20, 50, 79, 80, 128, 129, 143, 144, 145, 156, 181. according to the number who vote with him or
That the House recedo ironi their disagreement to
be kno speech, when concluded, will be published against him. That is the great difficulty of
the fourth amendment of the Senate and agreo to
the same with amendinents, as follows: in line ono going into the consciences of men and taking
ENROLLED BILLS SIGNED.
of said amendment of the Senate strike out thowon their standard of belief as the test of their right
"and," and iusert in licu ibereof the words "tho
ployer to vote. That is the practical evil of such a sysMr. HOPKINS, from the Committee on tax on brandy made from grapes shall be the same
Tha tem. I do not say that the Legislature of a State Enrolled Bills, reported that the committee
and no higher than that upon other distilled spirits;
and." may not say that a man shall not vote because had examined and found truly enrolled bills In line four of said Senate amendinent, after the
tollos he entertains improper or erroneons opinions of the following titles; when the Speaker word “such" insert the word "other."
follo upon any subject. But I say that practically, signed the same:
That the House recede from their disagreement to
the fifth amenduent of the Senate, and agree to the when you come to the case of a contest between
An act (H. R. No. 631) amendatory of an same with an amendment as follows: strike out all representative men of different parties, and to
act approved July 26, 1866, entitled "An act of the fifth line of said Senate algendment down to the question of who are entitled and who are to authorize the construction of certain bridges,
and including the word "be," in the eighth line, and insert in lieu of the same the words "furnish
terri not entitled to vote in a township or county, if and to establish them as post roads ;'' and and attach, at his own expense, such meter, meters,
fort you undertake to decide that question upon
An act (H. R. No. 818) making appropria or ineter-safes, as may have been prescribed for use the basis of men's consciences and opinions, tions for sundry civil expenses of the Govern.
at his distillery, and."
thei that estimate will be made just as the exigen.
ment for the year ending June 30, 1869, and the eighth amendment of the Senate and agree to tije cies of party require. for other purposes.
same with amendments, as follows: strike out all Mr. LOAN. The contestant in this case has
after the word "construed" in said amendment and COMMITTEE ON EMIGRATION.
insert the words "to apply to fermented liquors;" made his estimate, and it is upon the record
and in lines twenty-four, twenty-five, and twenty
Mr. CHANLER, by unanimous consent, subof this case as evidence. Will the gentleman | mitted the following resolutions; which were
six, page 5, strike out the words or shall have been * bi
lawfully imported into the United States and the 1 place that estimate before the House ? referred to the Committee on the Rules:
duties thereon paid." Mr. POLAND. The gentleman is satisfied
That the House recede from their disagreement to with it?
Resolved, That Rule 74 be amended so as to add to the forty-ninth and a half amendment of the Senate
the standing committees to be appointed at tbecomMr. LOAN. Yes, sir.
and agree to the same with an amendment, as fola mencement of each Congress, and to consist of nine lows: strike out the word "produce" inserted by the Mr. POLAND. I say this: the estimate of
members, a Committee on Emigration; said amend Senate and insert in licu thereof the word "produethe number of persons in that whole county
ment to take effect after the close of the present ses
sion of the Fortieth Congress. who sympathized with the rebellion, as really
That tbe Ilouse recede from their disagreement to
Resolved, That the following be added to the stand the fifty-third anendiment of the Senate and agree put in evidence, is wholly upon the part of the
ing rules of the House from and after the close of the
to the same with an amendment as follows: strike sitting member. According to the opinion of RULE - It shall be the duty of the Committee on
out the words proposed to be inserted by said Senale this witess a very large majority were of that Emigration to take into consideration all proposi
amendment together with the words spirits pros
duced from the materials used shall be ascertained class. He does not leave more than two bun
tions relative to emigration to or from this country and insert in lieu of the same the words "materials dred and fifty or two hundred and eighty per:
as shall be presented, or shall come in question and
used for the production of spirits shall be usceisons who entertained such proper and loyal
tained." opinion thereon, together with such propositions sentiments as would entitle them to be voters. relativo thereto as to them shall seem expedient.
That the House recede from their disagreement to
the fifty-fourth amendment of the Senate, and als Now, as I have said, and I have undertaken
MESSAGE FROM TIL SENATE.
to the same with an amendment, as follows: Strike to give some reason for it, that species of evi
out the word "and" in said Senate amendment ali dence is entirely unreliable; no sort of depend. || its Secretary, announced that the Senate had
A message from the Senate, by Mr. GORHAM, insert in lieu thereof the words "together with the
special tax of.” ence can be placed upon it. The Committee
That the House recede from their disagreement to agreed to the report of the committee of conof Elections upon this subject have undertaken
the fifty-fifth amendment of the Senate, and agree to mete out equal and exact justice. There
ference on the disagreeing votes of the two to the same with an amendment, as follows: strike Houses upon the bill (H. R. No. 1284) to
out tbe word " by" in said amendment and insert tuo was one case before them previous to this, || change and more effectually secure the collec
under." which was decided by the House-the case of
That the Houso recede from their disagreement to Birch vs. Van Horn of Missouri. Between | tobacco, and to amend the tax on banks. tion of internal taxes on distilled spirits and tho seventy-seventh amendment of the Senate, arl
agree to the same with an amendment, ils follows: twenty-five hundred and three thousand per. The message also announced that the Senate
strike out the words " which branding and cancellasons voted for Birch, more than enough to
tion shall be done under such rules and regulativas had agreed to the report of the committee of as the Commissioner of Internal Revenue may pregive him the election. And he had plenty of conference on the disagreeing votes of the two
scribe.' witnesses who were ready to swear that in their Houses upon the bill (H. R. No. 678) making
That the Houso recede from their disagreement to opinion those persons did not entertain such
the seventy-eighth amendment of the Scoate, and disloyal sentiments, and had not been guilty
appropriations for the payment of invalid and agree to the game with amendments, as follows: inother pensions of the United States for the
sert the words proposed to be stricken out by the of such disloyal acts as, by the law of Mis
Senate, and in line forty three, page 35, after thu year ending June 30, 1869.
word souri, would preclude them from being voters.
aflixed" insert the words *aud the number The message further announced that the But the committee said they could not take
of proof gallons;" and at the end of line torty-nine, Senate had agreed to the amendment of the
page 35, insert "proof gallons." any such general estimate at all. If a man House to the bill (S. No. 355) authorizing the
That the House recede from their disagreement to relies upon the fact that persons had been
the seventy-eighth and a half amendment of the sonconstruction of a bridge across the Missouri
ate, and agree
to the same with amendments, as ishregistered who were not entitled to be regisriver upon the military reservation at Fort
lows: insert the words proposed to be stricken out tered, then he must show who those persons || Leavenworth, Kansas.
by the Senate, and in line fifty-eight, page 2), fter
the word "aflixed" insert and the number of provi were. We say now that we cannot go upon The message also announced that the Senate gallons;" and at the end of lino sixty-tour, pagoing any general estimate. We decided in that case
add the following: "proof gallons." had passed without amendment the bill (H. R. that Mr. Van Horn was entitled to his seat,
That the House recede from their disagreement to No. 941) to amend certain acts in relation to although there was no evidence on his side, and
the eighty-fourth amendmentof the Senate and a side the Navy and Marine corps.
to the same with an amendment as follows: strikcom there were abundant witnesses on the other
The message further announced that the
the word "they" proposed to be inserted, aud insert side who were willing to testify that in their
in lieu thereof toe word "there." Senate had passed House bill of the following
That the House recede from their disagreement judgment more than twenty-five hundred men title, with an amendment, in which the con
to the ninety-seventh, ninety-seventh and a basi, had voted for Birch who were not disloyal. currence of the House was requested :
pinety-cighth, ninety-ninth, one hundredth. oma We struck out all that testimony in that case, An act (H. R. No. 761) to construct a wagon
hundred and first and one hundred and second amenland we apply the same principle in this case to
ments of the Senato, and agree to the same with an road from West Point to Cornwall Landing,
amendment as follows: strike out the words prn. a man of our own party, whom we we be all in the county of Orange, State of New York.
posed to be inserted, and all frow line four inclusive, glad to retain on the floor of this House if we
down to and including the word "business," in line believed him to have been elected.
INTERNAL TAX BILL.
Gifteen, (printed bill,) and insert in lieu thereof the words
not exceeding twenty-five olticers to be But the theory of the sitting member proves Mr. SCHENCK. I rised to a privileged
called supervisors of internal revenue, each one altogether too much. It is said that this fear question, and submit the following conference
whom shall be assigned to a designated territorial was so universal and all-pervading that it need report.
district to be composed of one or more judicial d
tricts and territories, and shall keep his otice not be put in evidence, that everybody knew The report is as follows:
some convenient place in his district to be desinti it without being told. Now, sir, a recurrence
by the Commissioner, and shall receive in addi
The committee of conference on the disagreeing to & very few facts will show how fallacious
to expenses necessarily incurred by him and also votes of the tiro Houses, on the ameudients of inc and certified by the said Commissioner, az a "pali
in that way.
sation for his services such salary as the Commissioner of Internal Revenue may deom just and reasonable, not exceeding $3,000 per annum."
That the House recede from their disagreement to the one hundred and fifth and one hundred and sixth amendments of the Senate and agreo to the same with the following amendments: strike out f.om and including line four of said one hundred and fitth aniendinent down to and including line tiiteen of the bill, (section fifty.) and insert in lieu thereof the following: "employ compe:ent detectives, not exceeding twenty-five in nuruber at any one time, to be paid under the provisions of the seventh sociion of the act to amend existing laws relating to internal revenue and for other purposes,' approved March 2, 1867; and he may, at his discretion, assign any such detective to duty under the direction of any supervisor of internal revenue, or to such other specialduty as he may dcem necessary; and that from and afterthe pussage of this act no general or special agent or inspector, by whatever name or designation he mily be known, of the Treasury Department in connection with the internal revenue, except inspectors of tobacco, snuft, and cigars, and excopt as provided for in this act, shall be appointed, commissioned, einployed, or continued in otlice, and the term.
That the House recede from their disagreement to the onchundred and seventh amendment ofthe Senate and agree to the same with an amendment, as follows: iusert in lieu of the words stricken out the following:
S2C2-5. And be it further enacted, That from and after the passage of this act no assessor or collector shall be detailed or authorized to discharge any duty imposed by law on any other collector or assessor, bui a supervisor of internal revenuo may within his territorial district suspend any collector or assessor for fraud or gross neglect of duty, or abusoof power, and shall immediately report his action to the Cominissioner of Internal Revenue, with his reasons therefor in writing, who shall thereupon tuke such further action as he inay deem proper.
That the House recede froin their disagreement to the one hundred and eleventh amendment of the Senate and agree to the same, with the following ameniment: before the word distillery” insert "bunded or."
That the House recede from their disagreement to the one hundred and seventeenth amendment of the Senate and agree to the same, with the following amendments: strike out on line seven, page 69, all after the word "spirits,'' down to and including the word "required," in line ten, and insert in lieu thereof tho words : "which shall be duo and payable only after the proper entries and bonds have been executed and filed and all other conditions complied with as hereinafter required, and thirty days after the vessel has actually cleared and sailed on ber voyage with such spirits on board."
In lines tilteen and sixteen, strike out the words "ind run on waich uo internal tax shall have boen paid," and insert iu lieu thereof the words,
Page 72, line fifty-four, strike out the word “internal."
That the lIouse recede from their disagreement to the one hundred and eighteenth and one hundred and nineteenth amendments and agrec to the same with amendments, each, is follows: striku out "twelve" and insert "uine."
That the House recede from their disagreement to the one hundred and thirty-first amendment of the Senato and agree to the same, with the following amendments: in line ninety-one, page 80, strike out the word "any;" in line ninety-two, page 80, strike out the the word "two" and insert "ten; in line ninety-three, page 80, after the word "dollars,' insert the words of sales of such spirits, wines, or liquors." Inline ninety-four, page80, after the word “ dollars," insert, "and on other sulos shall pay as wholesale dealers, and such excess shall be assessed and paid in the same manner as required of wholesale dealers." In line ninety-five strike out all after the word
liquors” down to and including the word "made," in iine ninety-seven, and insert the words "whose amual sles shall exceed $25,000.”
That tire blouse recede from their disagreement to the one hundred and thirty-second amendment of the Senate and agree to the same, with the following amendment: strike out the word proposed to be insorted and insert after the words "retail dealer," in line one hundred and forty-two, page 82, the words liquor dealer."
Tuat the House recede from their disagreement to the one hundred and thirty-third amendment of the Senate and agree to the same, with an amendment, as follows: after the word "Your," in line six, page 86, insert the word "six.".
That the House recede from their disagreement to the one hundreiland forty-second amendment of the Sonate and agree to the same, with an amendment, as follows: insert in lieu of the words proposed to be stricken out the words "the manufacturer's name and place of manufacture, or the proprietor's name and his trade-mark, and.'
That tho House recede from their disagreement to the one hundred and forty-ninth amendment of the Senate and agree to the same, with an amendment, as follows: inscrt in lieu of the words proposed to be stricken out the words "the proprietor's or manufacturer's name," and in line seven, page 93, strike out tue word "bis" and insert the word "the.'
Tut the House recedo from their disagreement to the one hundred and fifty-second amendinent of the Senate and agree to the same, with the following amendment: strike out the words "provided that any” and insert "any."
That the House recede from their disagreement to the one hundred and fifty-eighth amendment of the Senate and agree to the same, with an amendment,
as follows: at the end of said amendment add “when regard to the removal of spirits in bond and in weighing exceeling three pounds per thousand, five regard to bonded warehouses generally? dollars per thousind;" and in line six, page 106,
Mr. SCHENCK. The system adopted by section eighty, strike out the words "and cheroots.
That the House recede froin their disagreement to the House remains. There is to be no removal the one hundred and seventieth amendment of the
in bond and only drawback allowed to the Senate, and agree to the same with an amendmient, as follows: auld to the said Senate amendment the
amount of sixty cents per gallon. There are following: “But in no case shall such renewal or some few verbal amendments to make the matchange extend to an abandonment of the general character of the stamps provided for in this act nor
ter clear and precise, but there is no change in to the dispensing with any provisions requiring that principle. such stamps shall be kept in book for and have Mr. GARFIELD. In the same connection thereon the signatures of revenue oflicers."
I desire the gentleman to state what time is That tue IIouse recede from their disagreement to the one hundred and seventy-second amendment of
allowed for the removal of spirits now in bond? the Senate, and agree to the same with the following Mr. SCHENCK. On that question there amendment: add to said Senate amendment the
was a compromise between the committees on words " or officer acting as such, with his reasons theretor."
the part of the two Houses. The House having That the House recede from their disagreement to required the removal in six months from the the one hundred and eightieth amendment of the
present bonded warehouses by the payment of Senate, and agree to the same with amendments, as follows: in line two of said amendment strike out
tax thereon, of all spirits that might be now the word " revenue;' in lino three strike out the deposited there and the Senate having extended words " for denoting the tax thereby imposed;" in the time to twelve months, a compromise was line fourteen strike out the word “revenue;" in lines fourtoon and fifteen strike out the words "for made by fixing nine months as the time within denoting the tax thereby imposed."
which the spirits must be removed under That the llouse recede from their disagreement to
penalty of forfeiture. the one hundred and cighty-secondimendment of the Senate, and agree to the same with an amend
Mr. BECK. I desire to ask what will be the ment, as follows: “But distillers and refiners of loss to the revenue by the striking off of the mineral oils shall be considered as manufacturers
tax on petroleum? and subject to the tax ou sales provided for in tho fourth section of the 'act to exempt certain manu
Mr. SCHENCK. The original tax on petrofactures tortu internal tax, and for other purposes,' leum having amounted to some four or five approved March 31, 1868.'
million dollars when it was fixed at twenty cents, ROBERT C. SCHENCK, S. HOOPER.
and having been reduced to ten cents, I should WILLIAM E. NIBLACK, think the reduction would amount to more than Managers on the part of the House.
two million dollars. That amount would be JOHN SHERMAN, JUSTIN S. MORRILL,
lost except for the fact that we get rid of all C. R. BUCKALEW,
the machinery which was kept up for this single Managers on the part of the Senate. article similar to that which prevails in relation Mr. DELANO. I hope the gentleman will to distilled spirits. This was the only remainexplain the action of the committee of confer: ing article
which such a tax was collected ence.
Mr. SCHENCK. I have every disposition I will say in this connection that so far as a to give whatever explanation gentlemen may part of this machinery is concerned-the inask in regard to this report. I propose to call spectors of oil—the payment of the inspectors' for the previous question on the adoption of fees was made not by the Government, but by the report; but I am ready to answer any ques
dealers in oil; but we get rid of a very great tion gentlemen may ask in regard to particular abuse so far as that is concerned. The comamendments.
mittee found that in the allowance of a certain Mr. PETERS. How about the tax amount per gallon to these inspectors, as their banks?
fees for gauging and inspecting oil, they were Mr. SCHENCK. The committee agree to in many parts of the country, especially in strike out all that part of the bill in conformity | New York and Brooklyn, receiving many thouwith the amendment of the Senate, being en sands of dollars per annum. In one instance tirely satisfied no bill could pass the Senate at they were equivalent from month to month to this session which contained a provision in $50,000 a year. regard to banks, such as the House agreed to. Mr. KOONTZ. I would inqnire if the con
Mr. KOONTZ. What action was had in ference committee have fixed the same amount reference to the payment of storekeepers ? of special tax to be paid by distillers as was
Mr. SCHENCK. They are to be paid by fixed by the House. the United States.
Mr. SCHENCK. That remains as before. Mr. UPSON. What about special agents ? It is due to the House I should say that the
Mr. SCHENCK. That stands in this con Senate having reduced the tax upon the sales dition : the Senate amended the provision in of wholesale dealers in liquor to one fifth of regard to supervisors of revenue limiting the one per cent., putting them on the same footnumber to twenty.
It has been agreed to ing as other dealers, whereas the House had extend the number to twenty-five, their terri made it three per cent., we succeeded in gettorial districts to be made up by composing ting a compromise by which wholesale dealers those districts of judicial districts.
in liquor are to pay on their sales one per cent., The next section, which provided for repeal which is five times as much as the Senate had ing any law authorizing the appointment of agreed to. general agents and special agents, stands with Mr. GETZ. I wish to inquire whether the This addition. We also repeal the appointment | phraseology of the section defining what shall of inspectors with the exception of inspectors constitute a distiller has been relieved of the of tobacco, snuff, and cigars; and instead of ambiguity which it was alleged to contain, any of these officers we authorize the appoint- | under which brewers were fearful they might ment of not exceeding twenty-five detectives at be classed as distillers. any one time, the number now being unlimited, Mr. SCHENCK. Yes, sir ; there is a phrase who shall be assigned to duty in the different introduced to prevent its application to prodivisions of supervisors. The whole appoint. ducers of fermented liquors. ment of those officers, who have roving com Mr. O'NEILL. I will ask the gentleman missions to enter districts and interfere with again, do I understand that these twenty-five local officers, has been swept away.
inspectors or detectives are in the place of all Mr. SCOFIELD. Has the whole tax been the present inspectors and detectives? removed from petroleum ?
Mr. SCHENCK. No; the gentleman does Mr. SCHENCK. The distillers and refiners not quite understand it. At present the Comof petroleum or mineral oil are to pay the same missioner of Internal Revenue is permitted to price as other manufacturers. The House con employ, upon such terms as he pleases, and pay ferees agreed to the Senate amendment with out of any appropriation made for that purpose, an amendment to make it clear they should an unlimited number of detectives. I am pay the tax other manufacturers did, which
speaking of the present law. There are four was not before clear in the Senate amendment. classes of inspectors by the existing law: first,
Mr. SCOFIELD. No tax per gallon ? general inspectors, of whom there are some two Mr. SCHENCK. No tax except on sales. hundred and fifty-five, I think, altogether; Mr. GARFIELD. What has been done in Il second, inspectors of distilled spirits; third,