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
the various election precincts whose duty it is certificates or statements, one signed by H.S.
to make the actual registration. The Governor Turner, who was appointed as registrar for
of the State by whom the superintendents were Round Prairie township, and served one day
appointed was a member of the same political and then resigned; another signed by James E.
party with the sitting member. The superin. Turley, who was the registrarof Bourbon tuwn-
tendent of registration in the county was of ship, and another signed by John Yount, the
the same political party with the sitting mem registrar of Cedartownship, statingin substance
ber. Every single district register, so far as what is stated by Thomas in his certificate.
the evidence shows anything about it, was the Now, in the first place, Mr. Speaker, the
political friend of the sitting member. The committee report that this was no legal evi
entire machinery of this registration was in dence whatever. These men were not certify.
the hands of the political friends of the sitting ing officers for any such purpose as to make
member, and yet the secretary of State of statements of this kind. They had simply the
Missouri took upon himself to say, and I say power by statute to certify to the registration.
by entire usurpation of legal power, without When it was completed they could certify that
having any kind of authority for it, he took it that was a legal registration, and they could
upon himself to say this registration was so also certify to copies of registration. But any
illegal, so fraudulent, so affected by the power statements beyond that they had no official
of violence, by intimidation because of threats power to certify, nor had the superintendent
of violence, as to throw aside the vote of this of registration himself any more power to cer;
county. Now, sir, it is very singular, with the || tify facts to the secretary of State than had
entire machinery of this registration, the entire the district registrars to certify them to him.
control over the registration of that county I do not apprehend that it will be contested
in the hands of the sitting member, that such a by the sitting member or by his friends, but
complaint should lie in the mouth of the sitting that the secretary of State went entirely beyond
member, or the members of his political party. his power when he undertook to go behind the

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.

this sort:
In the few districts where men could be had who
were willing to register according to the law, there

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.

this case.

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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.

other.

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

"G

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
names as the law directs; and that he merely asked

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

says:

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.

be

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the Os

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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

witati entire.

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."
That the House recede from their disagreement to

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
present Congress:

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
be referred to them by the House, and to report their

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

5 I

word "