LIBRARY OF CONGRESS 014 543 963 2 391 The Patriot Soldier vs, Tlie Unrepentant Rebel. SPE ECH v^' HON. WILLIAM T. CLARK, u OF TEXA.S, DUr.lVEKEiV IN THE HOUSE OF REPRESENTATIVE tS, MAT 13, 1872. *) WASHINGTON: F. & J. RIVES & GEO. A. BAILEY, REPORTERS AND PKINTKIIS OF THE DEBATKS OF CONQRESa. - .: ■.. 1872 TvJy/ The Patriot Soldier vs. The Unrepentant Rebel. The House having ucder consideration the con- tested-election case of Giddings r». Clark, from the State of Texas — Mr. CLARK, of Texas, said: Mr. Speaker : I thank the chairman of the Committee of Elections [Mr. McCrary] for his courtesy. Under ordinary circumstances, sir, an attempt to change the vote of this House upon the unanimous report of the Com- mittee of Elections would be thought, to say the least, presumptuous. But my position in this case is such as to demand that 1 not only vindicate myself before my constituency and the country, but that I should also make one last effort in behalf of the loyal Governor of my State. For reasons which I have hereto- fore stated to the Uouse I have brought down upon me the personal vindictiveness and ani- mosity of the editor of one of the leading jour- nals of the country. From week to week, since my election, 1 have enjoyed the peculiar regard of his editorial columns. In the pres- ent crisis of political affairs it is natural, therefore, that my case should have been pre- judged, and while I do not desire to reflect in any manner upon the integrity and character of the Committee of Elections of this House, I cannot believe, taking everything into con- sideration, that 1 have been fairly dealt with. I had thought, sir, to enter into the details of the circumstances which have brought about the public and private denunciation of my- self on the part of the editor of the Tribune, but I can say nothing regarding that gentleman which has not been more ably said by the gen- tleman from Indiana, [Mr. Voorhees,] who, in his eloquent speech this morning, has, as I believe, so disposed of the old wliite-livered hypocrite that his name will never be mentioned hereafter by honest men except as a traitor to his party and his country. In the manly and complete exposure of this greatest pretender J. have some revenge to-day. I have one other source of pride and satis- faction. It is that my last vote in this House was cast in favor of the "civil rights bill," giving to the men who have been my friends from the first to the last all the rights and im- munities which they should long ere this have enjoyed. I know, sir, that the man who takes my place on this floor will religiously and con- sistently cast his vote every time against any measure which will place the American col- ored citizen on an equal footing before the law with those who have oppressed him for the last two hundred years. I have said, Mr. Speaker, that my case was a peculiar one, and has attracted the attention of the country for the last six months. The third congressional district of Texas is com- posed of twenty-four counties with an area almost as large as the State of New York. The greater portion of the wealth and busy life of the State is in that district. There, its most prominent politicians, business men, and railroad men reside. There was selected by the rebel Democracy the battle-tield in the con- gressional contest on the 3d, 4th, 5tb, and 6th days of October, 1871. There, to deieat the Republican candidate, was brought every ap- pliance of money, fraud, intimidation, armed violence, loss of employment, social and finan- cial ostracism. The canvass over, the returns in, it became the duty of the returning officers to issue the certificate to one of the candidates. It was not issued until afcer a careful review of the whole conduct of both parties during the election ; and those officers, upon the tes- timony before them, to which 1 shall hereafter refer, believed it their duty to certify to this House that 1 was elected by a majoriiy of the legal voters of the third congressional district of Texas. That certKicaie went, before your committee. They decided that I was entitled to my seat, and the House by a large majority sustained the action of the committee. Now, sir, that certificate of the Governor must stand until it is fairly impeached. If impeached, it will be an assurance to the rebel Democracy of Texas that whatever may be the registered majority, or the actual voting ma- jority of any district, they are at liberty liere- afier to use any means, however wicked or violent, to del'eat the Repulilican candidate, and It will find indorsement in this Congress. There are two points in this case to which I desire to call the attention of the House. First, the refusal of the committee to grant Hie further lime to establish the facts upon which this cerliticite was issued, at)d second, the report of the committee on the merits of the case. First, regarding the refusal of the com- mittee to grant further time, I aver that the same elements which were at work to defeat my election were constantly in force during the whole time given me to make this contest. The same men who hounded loyal persons to death in 1801, and who drove Governor Sam Houston 10 his grave, and who inaugurated their second rebellion in my canvass in 1871, and who were the conspicuous and shining lights, the friends of contestant, in their bitter determination to break down the Slate govern- ment, bring into contempt and pursue with hatred and ostracism every loyal man in the Slate, were the men who broufjht indictments against the Governor and other Slate officials, and against every county otficial or other per- son who was known to be my friend throughout the district, thus preventing my altorneys from securing that evidence which would fully have substantiated my answer to the notice of con- test given by the contestant. These indict- ments were procured by bribing grand juries even in the Federal courts ; and they ke|>t up this spirit of intimidation during the whole six'y days. These fut)lic. AVe beg of you not to do this, but when eallud on in person we will turnish you with the uume» uf the purliesalluded to. "With much respect for you, and desire for your success, we are, res|)ectfully, Hon. W. T. Clauk, City of Wa»hington. BUENHAM, Tf..\as, Mnrch 11, 1S72. Dear Sir: Times are very unpropitious and men- acing here. I have never before witnes.-ed such cor- ruption and double-edged villainy as I have seen liere during the past two months. The drama that is DOW being enacted throughout this State by far excels the midnight machinations and Ku Klux n.<.siissinations of South and North Carolina and Mississippi, in this: that by corrupt judges and venal juries the Democracy, or the old leading reb- els of this State, e.\pect to accomplish their designs in ridding Tex;ii of the " scalawags " and " carpet- baggers." without resorting to open rebellion or Ku Klux bullets. It is to be much regretted that theleadingRepnb- licans of this State permitted the appointment of so many hitherto rebels to high judicial positions, for they might have known that they were only warm- ing adders to life, that would not lose an opportunity to strike ibeir poisoned and envenomed fangs into the very life of the Republican party. I myself at- tempted to prevent the appointment of some men to positions which they obtained, because I did not possess suBioient intiuence with IJovernor Davis to prevent it; but I take some little credit to myself in warning the Governor against these men, who have, since their appointments, done exactly what 1 pre- dicted they Would do, namely, betrayed the Kepub- lican party and made themselves the pliant tools of the old rebels. Since the election last fall nine tenths of our dis- trict judges have manifested a decided leaning to- ward the old rebel principles, and their reasons for so doing is because they believe that the coming elec- tion tins fall will give Texas a Democratic Legis- lature, who will redistrici the State and cut off the judicial heads of those judges who do their duty. Tnis cowardly and contumely treachery does not end with the judiciary, but it extends all the way down, in many instances to sheriffs and constables. By the aid of traitors, corrupt judges, and rebel juries, bogus true bills are tound against those Re- publican odicials who by neither threats nor money can be forced into corrupt measures. By a judicial Ku Kluxism Republicans will be forced to either leave the State or else take up arms in self-defense. Indictmeuls arc found and nearly written before defendants are arrested and forced into trials with- out witnesses. The sheriff summons a rebel jury and every rebel lawyer voluntarily prosecutes, and, as a matter of course, defendants are convicted ; then the rebel papers take it up and sing it throughout the entire Union as jiroof of the oorrui>tion of the so-called " carpet-bag and scalawag governments of the South." For fear that 1 have already been too tedious I will lor the present close, hoping that you will an.swer this immediately, and advise with your Republican friends of this State as to the proper course to be followed in preventing a Democratic reign of terrorism in Texas. I know you have the means and intiuence within yourself to turn the tables on scoundrels and traitors. RespectluUy, yours, • Hon. W. T. Clark, Citv o/ \\'ni,hinoion. P. S.— For full particulars of the condition of our Texas affairs I refer you to the Houston Union and Slate Journal, but not one half of the whole truth has been shown up. N. B.— Vou can use this letter a,s you may see proper. supjMcssing lor the present my name, il you should use it, or any portion of it, in any ol our [ Republican journals. j Mr. CLARK, of Texas. Upon these state- ; ments being made 1 immediately left for Texas, ! and learned that this system of iiiiimidation ' organized by the contestant and his friends was more complete and effective than I had conceived. On my return I made my state- ment under oath to the committee, whicli is as follows: Deposition of W. T. Clark. W. T. Clark, contestee in the above entitled cause, being duly sworn, deposes and says : I have taken testimony in the counties of Grimes, Robertson, Brazos, and Harris, within the time specified, as I aui informed by my attorneys, all of which testimony has not yet reached here, although it is now en route. The reasons for not taking testi- mony in other counties are herein set forth. Immediately alter it was known thtit I had ob- tained my seat in the House, a combination veas formed among the friends of the contestant in my district to indict all otBcials, State and county, and a system of persecution inaugurated againstmy wit- nesses to prevent me from taking the testimony to sustain my answer to the notice of contest. This organized system extended to every county where I desired to take evidence. In Hill county the officers of election, with others who were known to be my witnesses, were indicted before the Federal grand jury in session at Austin, Travis county, Texas, on theiestimony of one Cham- bers, a witness for the contestant. The parties so indicted were all acquitted, and said Chambers was arrested and lodged in jail at Austin lor perjury in connection with these indictments. In Navarro county my principal witnesses were indicted by the grand jury of that county, after notice had been served that I would take testimony in that county, and after it was known that the testimony of the parties indicted would be taken in my behalf. These cases have not been tried. In (Jrimes county the registrar has been indicted by the grand jury of that county, although he was driven from the polls for fear of his life. It was known that he was a witness in my favor. This case has not yet been tried. In Harris county the officials, including the regis- trar, were indicted by the grand jury of that county for alleged election frauds, since which they have been tried and acauitted. They were known to be my witnesses. In Washineton county the system of persecution reached its climax, Brenham, the county seat of this county, being the residence of the contestant. My principal witness, F. A. Wilmans, the mayor ot the city, and one of the inspectors of election, was indicted by the grand jury of that county for alleged election frauds, was compel led to force his trial, and was promptly acquitted on the testimony of one of contestant's witnesses. It can be shown that other parties, against whom indictments were found in the same county, were promised dismissal of suit or acquittal if they would give their testimony in this cause in favor of the contestant. These indic'ments were procured while the contestant was taking tes- timony in Brenham. My witnesses were thus over- awed and intimidated from appenring and giving testimony. Threats of personal violence were used against them to keep them away. This system of indictments was kept up in Wash- ington county until, as I am informed, the contest- ant and his brother, J. D. Giddings, of the law firm of Giddiiigs & Giddings, of Brenham, were informed that indictments were about to be found agaiust them, when the grand jurj' was suddenly dismissed. Now that this system of persecution has been e.\- posed in the public press, recoiling on the heads of those conspirators, a greater feeling of security is manifested, and the witnesses are now willing to give their testimony, substantiating all the allega- tions in my answer to notice of contest. The indictments against the parties in the several counties herein referred to were for alleged election frauds, and were all against persons known to be those on whom I relied as witnesses in this contest. In no case in the entire district has a conviction been had. It will be observed that in the testimony taken by the contestant is the evidence of certain officials, whose affidavits and statements are herewith pre- sented in supportof theallegations herein contained. This system of intimidation of witnesses and elec- tion officers was inaugura;:ed during the absence of the Governor and secretary of State of Texas from the State on official business. An indictment was found by the Federal grand jury at Austin against the Governor and other returning officers for issu- ing the certificate of election to me. This fact was heralded throughout the State and county for the purpose of intimidating witnesses, and preventing me from establishing the allegations in my answer. It has transpired that the grand jury was packed by a conspiracy of lawyers, the friends of the contest- ant ; that two of the deputy marshals summoned themselves, with the connivance of saidconspir.itors and sat upon the grand jury for the purpose of pro- cu'-ing the said indictment. The records of the court show that this grand jury was bribed; thatoneof the bribed grand jurors was captured in attempting to escape into Mexico; has since forfeited his bond, his bondsmen being the attorneys and friends of the contestant. This ex- posure of the wicked machinations of the conspira- tors who had determined to make it impossible for me to tiike the required testimony has produced a healthy reaction throughout the district and State. All these acts of intimidation of witnesses and threats of violence, all theseconspiracies and com- binations, were inaugurated and carried into effect and keptup during thesixty days allowed for taking testimony in thiscase, norcould they be exposed and met, so as to restore a feeling of personal safety to my witnesses within the time. It will be ^howrl that the contestant took his testi- mony, as a rule, in the several counties while the court WAS being held and the grand jury in session, and these indictments were being found, and that for the purpose of overawing and intimidating my wit- nesses and preventing my attorneys from taking their testimony. Immediately on the passage of the resolution granting sixty days in which to take testimony in this case, I gave to the contestant a list of attorneys of high standing in the prolession.whom I had employed to conduct my case. The affidavits of two of these attorneys are hereto attached, marked F and H. Matters of grave importance to the State compelled me to remain here duriEig a large part of the time allowed. Tlie Governor and secretary of State were here on important business connected with the pub- lic afi'airs of the State, which demanded my personal attention, and I felt that my case would bo proijerly attended to by my attorneys in Texas. On or about the lOtli of March I received letters from my attorneys, and other persons friendly to me in this contest, stating that such was the terrorism produced and kept up by the system of persecution as herein set forth, that they feared nothingcould be done in the way of taking testimony for me, in cer- tain counties. A gentleman of high standing in Harris county wrote me that he had been warned not to be seen on the streets alone, as his life would be in danger, and this because he was known to be a very important witness for me. Similar communi- cations were received from other counties. Iramdiately after receiving these various commun- ications, I went with all haste to Texas, telegraph- ing in advance to my attorney in Houston, Harris count}', to serve notice to take testimony in AVash- ington and Limestone counties, which he did. Sickness and delays on the road prevented me reaching there until the 26th of March. On my arrival I found that half had not been told in regard to the conduct of these conspirators to prevent a free, full, and fair statement of facts by my witnesses on the stand. Went in person to these counties ; conversed with the witnesses, together with my attorneys, and from them learned the facti: herein stated. I was informed by my attorneys that the contestant had left for this city ; that the agreement to take testimony, in pur- suance of my notice by telegram, had been with- drawn by contestant's attorneys. All I could do in 6 thiacase wa.«fo take thee.T j)ai-rocuri; the testimony within t the six'y d.iys allowed; that he has been at great expense and trouble, and has only been thwarted ; by the combined efforts of the contestant and his friends, as herein set forth. W. T. CLARK. Sworn to and subscribed before me. a justice of the peace in and for the county of Washington, Dis- trict of Columbia, this 18ih day of April, 1HT2. [l. S.] WiM. C. IIAUPER, J. P. Considering the facts herein set forth, the proofs and statements filed herewith and made a part of this application, the contestee asks for a reasonable extension of time in which to take testimony to substantiate all the material allegations in his an- swer to notice of contest contained, which he avers he can and will do. W. T. CLARK. In order further to .show that I was justified in my action, I refer to a letter of my attorney, dated February 24, which is as follows : Houston, Texas. February 24, 1872. Dear General: I have taken the testimony on our behalf in Robertson and Brazos counties, and it is entirely satisfactory. We will begin here next week. Giddings, I am informed by lionner, made a perfect f.iilure at Limestone, lie has taken testi- mopy in various counties without any kind of notice to me. I um glad of it. as it will give us the chance of going ahead without notice to liim. I can make '' out the strongest oase for you ever presented before j Congress. Some developments I have already made i will astonish you. All is well. |{ Yours, truly, A.C.ROGERS. " Goncral Willia.m T. Ci^AnK. 'I 1 call attention also to the depositions from ,{ llie couiiiy oi Wasliiti^^ton, signed by the dis- 'j irii't attorney, sheiilF, register, also witnesses j for the cunlestant : I Thk State of Te.kas, Cou»/i/ o/ Waghington : \\ The undersigned, citizens of said county, spon ' their oath do say, that upon their personal knowl- ; edge, in their opinion, there has existed for the last few months in this county a combination of inilucn- ' tial lawyers and Democratic citizens, friends and ■ bupporters of I). C. (biddings in the late conarres- I sional election, which we believe has for its ooject I the creation of a public sentiment adverse to the I elucidation of the Inct.s in relation to tae mode of I conduciing said election, and the fraud, force, and I illegal prc.cccdines nerpetrnted by the supporters I of 1>. C. Giddings. Nearly all the local county ofli- j oials have been indicted by a Democratic grand jury i for pretended offenses, and are being prosecuted by | a voluntary association of Democratic lawyers. All Republicans who have been acting in support of their principles and party in the late congressional election are pursued with implacable animosity. O-itraeism in business and in all the relations of life is the order of the day. Til e indictments against the Governor and secretary of State for issuing a certificate of election to lion. W. T. Clark, as member-elect to the Forty- Second Congress of the United States from the third district of Texas, coupled with the proceedings above stateil in this county, has had the effect of deterring all Republicims having a knowledge of facta from giving their testimony in the contested- election ease of (liddings c«. Clark. .\ny effort to have taken testimony on the part of the contestee. General Clark, would have been fruitless in develop- ing the facts, on account of the provailincr feeling of insecurity on the part of Republicans. Now, how- ever, since the schemes of those who procured the indictments against theGovernor, secretary of State, and local county oflBeials have been exposed and made public through the press, a reviving spirit of security is manifested amo[\g Reimblican ma.sse3. Hence we believe all the allegations otl'raud and illegality made by Governor Davis and General Clark in their answer to contestant's notice of con- test can and will he fully establislied by competent proof, if time is allowed. F. A. WILMANS. M'lyur of Brenham. D. A. ALLEN. J'ontmaMter, ! THOMAS G. DAVID.SON, District Attorney TiPfiilii- /Vi"u?A Jwlirtal JJiittrict. M. WEAR, Cil>j Mnrohnl. LVDDLETUX SMITH, Slierijjf Wiiflihigl'tn County. HENRY E. LUCKLTT, frvxidfiit Wiiihi Ill/Ion County. S. A, llACKWORTH, County .Jtiilgp Wnxhinolon County. PEIEK DILLER. lUgi^trar. K. IM'ATIEKSUN. THOMAS DWVER. BENJ. O. M'ATKOUS, A Member oj the State (Junventiun in 1868. Sworn to and subscribed before me, and the seal of the district court of Washington county. Slate of Texas, annexed, this the 3d day of April. A. D. 1872. J. J.STOCKBKIDGE, Clerk District Court, Wanhington vounty, Texas. I shall also ask to have incorporated in my remarks articles from the Union and State Journal with regard to the bribery of the grand juries who presented these indictments : " The Austin Ring Conspiracy. — In what we say below we do not include the masses of the good men of the State who may have voted the Democratic ticket. Wo include only the Austin ring conspira- tors, and their supporters, whether press or people, and we ho|ie to awake our fellow-citizens of Texas, and of the country generally, to the enormity of the crimes they have committed, and to the evil purposes they have in view in trying to rain the Slate that they may profit by the confusion and misery created. "The truth of Texas history, the sacredness of judicial honor and justice, the sworn secresy and faith of grand juries, the reputation, interests, rights, and even lives of political opponents, have all been put in jeopardy by the Austin Democratic ring. They have conspired to ruin every leading man in the Texas Republican party: to break down the State government; to repudiate the State debt; to ruin the State credit; to destroy the vested rights of the capitalists who have trusted the State and arc building our railroads ; to inllame the people to resist the laws; to corrupt or intimidate the courts; to frighten the judges into helping them defeat the collection of the school tax; to take free public education away from the children and orphans of conlbderate soldiers, and from all the poor children of the State, white and colored; to calumniate the personal reputation of every Republican ollicial, or public man, who does not play the flunkey to them; to corrupt or intimidate or prejudice juries to indict every Republican who is at all in their way; to band the bar together to prosecute and hunt down every leader in the Republican party; and to so inflame the peojile, break down the laWb and the courts, damage material interests, deter immigra- tion, disorganize society, as to ruin Texas, that they may then turn round and lay it to the charge of the Republican administration. "These things are sober facts, terrible as they may appear, every one of which can be verified and illustrated by special instances. Every rumor or charge against a Republican whom they dislike is magnified by the malignant and unscrupulous part of the Democratic press, the bar-room and bawdy- house Democratic politicians, and their gangs of clamorous and loud-swearing street-corner loafers, into huge crimes. The indictments of vengeful grand juries are invoked ; the people of the State are mis- led by the falsehoods of their correspondents and journals; the telegraphic wires to the norih are charged with the same things, and the truth of the case is only circulated in the Republican journals, and has no showing whatever on the telegraph lines ; and every possible appliance of heated public and social opinion, of professional influence, of sectional war prejudices, and of the most outrageous defama- tion of Republican reputation, are all invoked to prejudice the cases, prevent a fivir trial, and either convict the hated one or break down his reputation. The State if full of such instances." "Our Federal Grand Jury. — The developments of the last few dnys have exposed a system of corrup- tion in the Federal jury of the western district of Texas that must attract attention at Washington. When a body of grand jurors are detected in open corruption; when the startling evidence of their criminal bribery is exhibited to tho public eye; when it becomes necessary to place detectives upon their track in Texas to secure the safety of our fel- low-citizens, the purity of our national ermine is sullied, and the honor of the (Government degraded. For the first time in the history of the Government has so anomalous a case been presented; and it has fallen to the lot of the Texas Democracy to exhibit it. The highest functionaries of the State have be- come victims of Democratic malevolence and of purchased perjury. Persecutions are boldly perpe- trated upon innocent men under the shelter of the Federal court, because these men's only offense is that they love their country and oppose Democracy. "An honorable State senator has been dragged from a sick bed and exposed to every contumely and dishonor by Democratic machinations and malice, and this jury is the authority for the outrage. The Governor and the secretary of State have been in- dicted by a body of men under the forms of law, who are proven to have been selling themselves openly to subserve the purposes of the enemies of the Republican party and the Government. Frauds and robberies upon the Treasury of the United States are justified, and the Democratic thieves are per- mitted to go scot-free, because, forsooth, they can buy up the grand jury at the nominal price of from thirty-five to two hundred and fifty dollars a head. Well may we tremble for the safety of Republican institutions when these outrages upon their funda- mental principles are existing in the highest and what ought to be the puresttribunals of the country. '"In view of them, of their open and public exhi- bition, it is the plain duty of Judge Duval to lib- erate himself from the first taint of suspicion. He cannot, as a just judge, entertain a single official act emanating from such a source of corruption as an openly acknowledged bribed grand jury. He should put his official brand of infamy upon every member of that body proven to be guilty. His plain and only course is to throw out every indictment that was born of so corrupt a body, and every official act that bears the stamp of their purchased perjury. If it be possible he should go further and weed from the bar the members who have prostituted an hon- orable profession to pursue with Democratic hate the best men in the State, only because they are Republicans, and to swindle the Treasury of the Government out of its just dues." "Tho foUftwing from the Houston Union is exactly to the point. We take the liberty of leading it and of placing it in our editorial column : " 'One of the funniest things that ever occurred in the politics of Texas is the tact that the Democrats packed the Federal grand jury to get the Governor indicted, and then got so frightened and ashamed about it that they began to swear thut the jury were nearly all Republicans. They now want to get out of it, and they are trying to represent it as a wholly R.epublican affair. The Union showed each man's political status by name over a month ago, and the jury was shown to be more than two thirds Demo- cratic. Nobody has dared to deny our statement. More than two thirds of the jury were supporters of Giddings and Hancock, and voted in the grand jury as they voted in tho election.'" I also add affidavits of another of ray attor- neys, Judge Coldwell, a man eminent for his legal ability and knowledge of the affairs of the Stale ; the secretary of State, Hon. James P. Neweomb ; J. C. De Gress, super- intendent of public instruction ; J. G. Tracy, chairman of the Republican central corcimit- lee, and the statement of the Governor: State op Texas, Grimei count}/.- I, C. Coldwell, one of the attorneys of W.T.Clark in the contested election now pending in the Forty- Second Congress of the United States, between D. C. Giddings, contestant, and said W. T. Clark, con- testee, for a seat in tho said Congress from the third congressional district of the State of Texas, do say that from diligent inquiry I am fully possessed, and do solemnly believe, that in parts of said dis- trict it has not hitherto been possible to prevail upon witnesses to testify in behalf of said coutestee. That as such attorney I have examined many per- sons privately, who stated to me that they know facts that would be material to support the allega- tions of contestee in his answer to the notice of contest. In the county of Grimes these persons informed me that they know of many Republican voters who would have voted for contestee, but were deterred from so doing because of threats to dis- charge them from service and houses if they did so. Others did not vote for contestee because of the closing of the polls by the chief registrar, R. N. Mills. I was informed by Democrats and Repub- licans that Mills had just cause of alarm for his safety; but the parties who gave this intbrmation refused to testify, because, as they alleged, they would be proscribed in business and ostracized, themselves and their families. I found a similar condition of affairs in Austin county, except the closing of the polls. In ^Vash- ington county, among the Republicans, all was con- sternation and dismay. None felt secure from per- secution if they gave in their evidence. Many of them had been indicted, in my judgment, for pre- tended offenses, and, I verily believe, for tho pur- pose of striking them with terror, so as to aid contestant. The indicted persons are county officers. The Democratic press, too, teemed with denuncia- tion and abuse of all in authority, and threatened them with persecutions, so that, in my judgment, it would have required extraordinary moral courage for a man to have given his evidence in behalf of contestee. The Governor, secretary of State, and attorney general had been indicted fur issuing a certificate of election to contestee, and, during the time that evidence should have been taken, hand- bills were circulated and posted, to the effect that the Governor had tied and was a fugitive from jus- tice. The daily press contained the same announce- ment. It is impossible to escape the conclusion that all this was for the purpose ofalarming Republicans and aiding contestant. Whatever may have been the motive, this was the effect, and so stated to me by many Republicans, the usual exclamation, being, if the Governor is thus pursued, how can wo, as humble citizens, escape persecution ? The storm has blown over, and I now believe we could proceed in taking testimony without serious difiiculty. C. COLDWELL. Sworn to and subscribed to before me this 9th day of April. 1872. Wituesi my hand and official siguu- ture and seal of office. r 1 J. E. TEAGUE, LL,. b.j Notary Public, Grimes county, Texas, 8 Navasota. Texas. April 13. 1872. Testimony was taken for you, and closed last Saturday of April; mailed yesterday. My own statement mailed 9th. C. COLD WELL. lion. W. T. Clabk. 510 Tenth street. State op Texas, county of Travis : I, James P. Newcomb, secretary of State of the State of Texas, being duly sworn, do say on oath that I am convinced from information which has come 111 me that a systematic effort has been organ- ized and to a great extent carried out by the attor- neys of D. C. Giddings, the candidate of the De- mocracy for Congressman in the third district, and their aiders and abettors, to defeat a fair and com- plete exposition of the fraud, violence, and intim- idation perpetrated by the said D. C. Giddings and his political friends during the recent congressional election; that this conspiracy has developed itself in the indictment and prosecution of State otficials and oliicers of election, both in the Federal and State courts; and I fully believe that had there been no contest and had the State returning otlicers granted a cerlilicatc to I). C. Giddings, that such i)rosecution would never have been instituted; and I further believe that if all pressure is removed all the charges of violence, fraud, and corruption alleged against the said 1). C. Giddings and his political adherents can be fully substantiated ; and that this conspiracy, directed against the .State otlicers and officers of election was in a great measure intended to prevent and deter persons from giving testimony favorable to General \V. T. Clark, whose seat in Congress is contested by D. C. Giddings, and that the allowance of ample time for securing the testimony will serve to assure all persons summoned that they can testify without fear. The terrorism exerted by prosecu- tions before the courts is enhanced from the fact that the Democratic lawyers (a large majority of the lawyers being Democrats; combine and agree to prosecute aud not to defend Uopublicans when indicted.. JAiMES P. NEWCOMB, Secretary of State, State of Texas. Sworn and subscribed to before mo this 2d day of April, 1S72. r ^ J. C. DE GUESS, *■ -' ,Superinlenf the State guvernment in all its departments. This is made evident by voluntary associations of lawyers, who tendered their services gratuitously to prevent the collection ol taxes levied tn sustain our common schools. Taking its rise in this source, a feeling of biiicrand nupliicabic hostility has been manifested nil the part i>f the Democratic lua-sses toward all Uepublicans and the Kepubhcau administration. From special sources of intormation entirely trust- worthy, and from general report, I learn that Ko- publicau officers are, aud have been, fortwoor three uiuoths i>ast, pursued with false accusations in the courts, and a storm of denunciation and detraction, utterly deolructivc of the free exorcise of opinion b:id action. Especially has this been the condition ol t lie third congressional district, where the mass of our colored population reside. That during the election for a member of Congress in October, l>i71. I was a part of the time in Limestone county, and said county was completely under the dominion of mob rule. That no freedom existed during said period in the county aforesaid, except for the lawless mob. Lirge numbers of the colored vo'ers had taken refuge in the woods from the impending vio- lence. That for the last two months, and even longer, in my opinion, the condition of the public mind has been such as to preclude the full expres- sion of laets by Republican m-isses, bearing on the contested election between D. C. Giddings and W. T. Clark for a seat in Forty-Second Congress, from t he third district of Tex,as. That latterly, owing to the belief gradually tixing itself u|ion the Democratic masses, that the national Executive will sustain our Governor in his efforts lo secure the protection of law to all classes, greater security is felt, and a larger degree of freedom is manifested by the mass of llcpublican voters. And 1 now believe that if timeisailowcd there will benodiUiculty in obtaining the evidence that will sustain all the material allega- tions of the answer of W. T. Clark to the notice of contest by D. C. Giddings. J. C. DE GRESS, Superintendent of Public Instruction, Slate of Texas. State of Texas, Travi-i cmtnty : Sworn to and subscribed before me this 2d day of April, A. D. 1802. r, „ T JAMES P. NEWCOMB. ^^- ''•-' Secretary uf State. State ok Texas, county of Trnvis : I, J. G. Tracy, chairman of the Republican exec- utive committee, State aforesaid, being duly sworn, do say on oath that i believe there exists through- out this State a conspiracy on the part of the Demo- cratic lawyers of a certain class and leading ultra Democratic politicians, having for its object the overthrow ol the State government; that this con- spiracy had its inception last summer during the session of the so-called tax -payers 'convention ; that the evidence of this is to be lound in the admitted organized effort of the Democratic lawyers of the State to defeat the collection of school taxes, and in the procurementof indictments by Democratic grand juries of a large number of Republican officials for !| trivolous and pretended offenses; that the grand i jury, at the late term of the district court of the I United States for west district of Texas, were induced by the conspirators aloresaid to present bills of iii- dictmont against the secretary of State, and his Excellency the tJovernor as accessory, for issuing a eeriiticate of election to Hon. \V. T. Clark as mem- ber-elect from the third "iistrict of Texas to the Forty- Second Congress of the United Slates; that several members of saiu grand jury have been arrested, charged with Having been compelled by Democratic lawyers or their agents to do the bidding of said law- yers; others of said grand jury, over ttieirown sig- natures in the public prints aver that if the injunc- tion of secrecy is removed they could testify to the criminality ol some of their tellows in jiresenting said indictments. Since the linding of said bills against the Governor and secretary of State, in va- rious counties of the third congressional district the work of indicting local Republican officials for cor- rupt purposes began, and has been jirosecuteil with vigor, in the county of Washington members of the county or police court were indicted in the State courts for the alleged offense <)l corruptly voting upon particular measures ponding befor* them. lu Grimes, ,\ustin, and Harris counties criminal pro- ceedings have been instituted against the judges of I election for the manner in which they discharged i their several duties, all of which have been without ! the slightest just cause or reasonable foundation, ! as I verily believe. In consequence of these iiiove- : ments by the Democracy there has been and still ' continues a general feeling of insecurity on the part ,1 of Uepublicans, who would otherwise have given II important evidence of fraud, intimidation, and viu- 9 lence on the part of the Democracy at the late con- gressional election. This feeling of alarm existed in a very high degree during the time allowed for taking testimony in the contested election of Gid- dings vf. Clark. In Washington county the evidence was taken during the session of the district court, and immediately preceding, when all was terror, alarm, and confusion, in consequence of the unjust criminal proceedings aforesaid. In consequence of the energetic action of the Gov- ernor, in connection with the fact that the crimes of these conspirators have come to light, and been exposed by the press, thus having the effect of silenc- ing them for the present, a feeling of greater security now exists among loyal men, and I now believe full and ample evidence can bo had to establish all the material allegations of Hon. W. T. Clark in his an- swer to notice of contest by D. C. Giddings. J. G. TRACY. Sworn and subscribed to before me, at Austin, Travis county, Texas, this 2d day of Anril, 1872. JAMES DAVIDSON, Adjutant General and Chief of Folioe for State of Texas. [L. S.] I, E.J. Davis, Governor of the State of Texas, do certify that from mv observation it has been the purpose of D. C. Giddings, or his aiders or abettors, since the contest commenced before Congress for the seat now held by General W. T. Clark, to create a public opinion adverse to Clark, by indicting through corrupt manipulation of the United States grand jury at Austin, the Governor and other State offi- cers who gave the certificate of election to said W. T. Clark. Among other means adopted to carry out this desig:n was the publication that the Governor, through fear of those indictments, had fled the State, which publication was issued in the form of an " ex- tra," written by an individual known as W. M., idias " Buck " WaUon, late chairman of the Demo- cratic central committee, and issued from the office of a paper published at the capital of the State, called the Statesman, which I am informed and be- lieve is owned and published by said Walton and the law firm of Hancock & West, said Hancock being the present member of Congress from the fourth district of Texas. My official information also leads me to conclude that this design has been attempted to be carried out in the State courts within that congressional district by indictments and threats of indictments and prosecution of the local officers who conducted the election, as welt as of voters who had forwarded complaints and affidavits charging improper con- duct of the opposition at that election. lam sure that during the excitement caused by these proceedings, which have been going on for two or three months past, it would not have been possi- ble to get full and straightforward statements from all witnesses in that district in regard to facts favor- able to said Clark. EDWARD J. DAVIS, Governor of Texas. Thus it will be seen that no witness in my behalf could have been brought forward to swear to the truth in regard to the election. It will also be seen that all these indictments were intended to secure the object of the rebel Democracy in the third district of Texas, which was this, and only this, to unseat the sitting member and force upon the House the con- testant. I now proceed to examine the case upon its merits, and I cannot better do that than by referring to a portion of my own argument before the committee. I will not take up the time of the House to read that here, but ask that it may be incorporated in my remarks : BooQue county. It is a little remarkable that Bosque county should not have been counted for the contestant. The facts are, that when the contestee was canvassing in that county during tlie election he was advised to leave by the princip.xl Republicans for the reason that it was not sate for any man of his sentiments to be seen about there after daylight. The registrar, Thomas Ford, duly appointed, did not appear during the election, because, being a Union man, he bad once before been hunted for his life, and escaped by a miracle. Brazos county. C. S. West, a bitter Democratic partisan, son-in-law of Judge Duval, of the Federal court, who perjured himself and got his pay both from the confederacy and the General Government and who now pretends to hokl the United states court in the western district of Texas, this West, partner of John Hancock, the Democratic member of the fourth district, who has gone to Cincinnati with Senator Hamilton, gives his testimony with regard to this county. The Gov- ernor's right to reject the vote of Brazos county, cast in face of the law, is indisputable. If Hancock and West and their sort are to dictate the policy of this Government or the State govern- ment of Texas, then it is time for Jefferson Davis to be President of the United States. Freestone county. Freestone county was rejected by the Governor. One cannot escape the conviction that all the wit- nesses are suborned in the interest of contestant. (See statement made to Governor, page — .) The contestant admits that frauds were committed, but says notin the interestof contestant. I askan exam- ination of testimony, and the statement made by Tracy, registrar, who was then acting in the interest of justice, but who to the personal knowledgeof con- testee, was paid to make the counter statements, as in the evidence of contestant. Galveston county. In this county the friends of Mr. G reeley, of the Tribune, were most active. It is unnecessary to go into particulars in regard to Mr. Greeley's visit to Texas. It was made with the view to secure his nomination as President. The contestee gave him no encouragement, and hence the opposition of the Tribune and its friends in that county. The man McCormick, who testifies, kept hounds to hunt negroes before the war; was a major, or rather says he was in the rebel service; pretended to be a Republican ; was removed from office for good cause; hence his opposition. Grimes county. The evidence from this county on the part of con- testee has been telegraphed by his attorney as on the way. From this statement of Judge Coldwell it will appear that R. N. Mi Us was justified in leaving the polls, and that the statement of contestee ia regard to the 1,000 votes will be fully sustained. Harris county. Here we have to deal with one of the most re- markable instances of rebel deceit and chicanery. The election was going on to all appearances quietly and peaceably, until about two o'clock of the third day. This contestee was here in person, and up to that hour it was supposed that Harris county, one of the most advanced and civilized communities of the State, would give at least one thousand majority for the Republican candidate. Suddenly the contestant appeared on the street, and in less than two hours the election was broken up. Hundreds of Republicans who were there de- siring to vote went home in fear and dismay. The men who, without reason, broke up the elec- ■ tion have been indicted in the Federal court, and it 10 is to be hoped that they will receive the just punish- ment prfividcd for in the enforcement act. The contesliint makc;^ the sratuitou.'' remark in his argument tliat one of the judecs of election was caught stutliiiR tliu ballot-box. lie knows so well that that is false, that on that testimony ulonc in Harris county he has convicted himself before the people of at least indiscretion. Ilill couniu. It is only necessary to say, in answer to contestant in regard to liill county, that the man on whom be relied, and who was bought by him or his friends to swear that he had changed ballots, has been ar- rested, confessing the perjury by which contestant hopes to win this case. Limenlone county. The state of affairs proven in this county is enough to any impartial judge on which to rest this whole case. The contestant's statements, from the beginning to the end ot his argument, taken in connection with the testimony, and that of coutestee, herewith submitted, arc a sullicient answer to every charge brought forward by contestant, and are sustained by the testimony taken by the contestant himself. The argument of contestant regarding this county will stand upon the records of election cases as the climax of brazen eti'rontery and impudence. Navarro count]/. The records of the War Department will show that the allegations of contestant regarding Smith are void of truth in every particular. Kegarding Robertson, Walker, and Washington counties, the same acts of violence, intimidation, fraud, and cor- ru|>tion can l>c' proven. lu utter dcliance ot the laws of the land, these men in 1871, as in 18(51, set themselves u|) to subvert not only the .State, but the (icnerni Government. They tore down the national flag and burned it in a tar barrel. Tiiey murdered innocent men, quietly sitting in the doors of their bouses, chojiped their heads off and tossed their carcasses on the railway track to shield their guilt. They burned down sehoul-houses; they whipped the teachers; they refused them sliL-keror food; and in every way con- ceived by the villainy of man, they have attempted to thwart the voice of the loyal people throughout the b'tate. They hate any man in sympathy with the Govern- ment, either tStatc or national, and nothing will bring them to their senses and secure a proper regard for the riu'hts of the peot>le. but the assur- ance, once for :ill expressed in this House, that they cannr)t take the law into their own hands and sub- vert the Stale government and elect whom they ple;ise. Mr. Speaker, I have said that any attempt at this stage of tiie conlest to reverse the ac- tion of the Cotntuiitee of Elections is a work wliich Mr. Greeley would call " superservice- able." And yet 1 cannot go from this body, where I tbitik 1 have no personal enemy, where I have labored for the best interests of my constituency, without saying that no one meas- ure, since I have been a member of this House, of whatever nature for the betielit of my Slate has becotne a law of llie land which was not inaugurated and pressed through by my own personal efforts and lho.se of my Republican colleagues. In vindication of that statement 1 cull upon any member of the House, or any citizen in my district, to read the Statutes- at-Large of the United States since the oOsh of March, 1870. I go and leave my work behind me. Men may talk, atid Uilk, and talk, but at the expiration of his term the man who has done his duty, and his whole duty, must be able to turn to some statute which will .show tlisii lie has done work and left his mark tlieie. This is the first time in the history of a IJepubiiean Congress when it has been said to a patriot soldier "Go,"' and to a Ku Klux rebel, "Come."' Sir, I might go on for hours, atid read to you evidence as strong as that of" Holy Writ, substantiating everyallegation 1 have set forth in my answer to the notice of the contestant. But, sir, 1 do not propose thus to occupy the time of the House. 1 know the Committee of Elections enjoys it.scontideiioe, and it would be like attempting to sail up Niagara to make any effort to alter the determination of this House in regard to my case. But in behalf of the loyal men of my State, in behalf of the eighty thousand liejniblicans there, while and black, I enter here and now my solemn pro- test against this report. By the memory of three hundred thousand heroic dead, who died that four million men might be free, by the memory of the Union soldiers whose bones lie bleaching from the Potomac to the llio Grande, by the memory of the heroes of the old army of the Tennessee, I jiray you pause before you lake your final action on this contest. On my way to the Capitol I was told that they proposed to-day to begin and bury the army of the Tennessee ; that they intended to bury me first, and to keep on burying that old army utitil they had buried its oldest and greatest leader in November next. Sir, here is the roll of the army of the Tennessee, [hold- ing the same in an unfolded condition.] When 1 first entered the doors of this House, and looked over this bod}-, I found thirty-five men, officers of that old army, on the floor. There are nearly as many now. On this roll there are three hundred thousand of the bravest men who ever stood upon the battle-field during the last war. The names of Logan, of Slo- cum, of Washburn, of Mower, of McKee, of Payne, Leggett, Giles Smith, and a host of others are here. The names of McPhersoti, of Crocker, Ransom, Harker, and Rawlins are not there ; they have been buried, some of them shot down on the field of battle, others worn out by the very rebel element whose candidate you propose to seat here this day. Bury the army of the Tennessee! Mr. Speaker, when you bury that army you bury the last sentiment of loyalty that beats in the hearts of twenty million men and women of this country. Bury the army of the Tennessee ! I tell you, Mr. Speaker, before that army is buried, with the principles for wliich it fought, you will not find a green thing from the Potomac to the Gulf, and these men who now propose 11 to break down this great party, to sacrifice its friends as tlie^' are now proposing to do, will find that before that is accomplished, out of the very graves from every national cemeterj', from the Potomac to the Rio Grande, will rise the dead heroes of that old army, to fight the battle of freedom over again. Bury the army of ttie Tennessee ! Why, sir, I recollect very well when, as a private soldier, 1 first shouldered my musket and went out into that army. I knew it when it was a little brigade at Bird's Point, Missouri. 1 fol- lowed it from Henry, and Donelson, and Sbiloh, Corinth, Vicksburg, Chattanooga, and Atlanta, to the sea, and back to Washington, and you remember when these very walls trembled with the mighty tread, and trembled with joy and pride under the footsteps of that victorious old army. Ay, sir, it was the only army that never turned its back to the foe. I beg pardon of the House for referring so warmly to that army of which I was so long the adjutant general and chief of staff. I come back to the question before the House. The result of the vote here to-day will be announced in dispatches all over the South, and in my district, where the guns are already loaded, so perfectly well known has been the action of the committee for many days, they will be fired in honor of the rebel vic- tory. No enthusiasm since the first defeat at Bull Run can compare with that which will thrill every rebel heart when this day's vote is announced along the wires. With bonfires and illuminations; with burning of school- houses and murdering of teachers ; with in- sult and ostracism of the wives and children of the Union men in my district will this result be welcomed. From the South will come up dispatches of great rejoicing of the rebel Democracy ; and the editor of the New York Tribune, the candidate of the Dolly Varden convention, will come in for his share of the plaudits and praises of his rebel friends for his assistance in my defeat. By the action of this House to day you say to these men that hereafter in defiance of law, in defiance of the orders, of the proclamations of the Gov- ernor, they can go to the polls armed and camp there. You put fifty thousand muskets and revolvers in the hands of the most des- perate men in Texas, who will never again allow a man to vote for the Republican cause. Your action will cost the lives of at least five thousand men in Texas. You say to them, "All you have to do is to take your double-bar- reled shotguns, your revolvers and bowie- knives, go to the polls, and drive away every man who is opposed to you, and then let your candidate come up here and this Congress will protect you." Is this really to be the treatment which the men who have fought for so many years in behalf of the Government and in behalf of the principles of the Republican party are to receive? I have fought this battle for eleven years; I have suffered with my wife and chil- dren every indignity and every species of ostra- cism, and yet for all this the Republican ma- jority of this Congress propose to place me under the feet of my Ku Klux adversaries. Gentlemen talk about testimony. I have done everything I could to bring testimony here. I have brought forth evidence of a terrorism more terrible than that of shot-guns. It is that which prevents you ftotn buying a pound of meat at your butcher's or a loaf of bread at your baker's unless you are in sympathy with the Ku Klux Democracy. The testimony of the contestant himself, to which I have re- ferred, shows that it could not be more dam- nable or infamous were it torn, every leaf, from tlie records of hell. To show the char- acter of that testimony on which this report is made, I desire to have read one specimen. Take the published report and compare it with the original manuscript. The Clerk read as follows: Calvert, Texas, October 15. 1871. Dear Sir: This is the first time that I have had the honor of addressing you, and I hope that you will give me a few minutes' attention, so that I may lay my case before you. On the 6th instant Colonel Gillespie and Byron Mahlor cauie to me and told me that if we wanted to carry the county for Clark that we would have to give registration papers to about one hundred Republicans then &,t the polls, said parties having been ref'ascd registration papers by Ned Butler. To do this they wanted mo to sign Butler's name to the papers, and then issue them to those parties who would call for them. I told them that I could not lend myself to any such scheme. But they then told me if I did not do so that my school certificate would be taken from me and given to some better man. Under this compulsion I consented to sign the papers; but before I did so Colonel Gillespie told mo that there would be no danger, and if I should be found out that he had the word of Governor Davis that I would be pardoned in ten days, if convicted. Now, Governor, I have been found out, and the grand jury of this county has found a bill of indict- ment against me for it. They also found bills against Colonel Gillespie, Judge Thurmond, and other Re- publicans, but on different charges from the one brought against me. My object in writing to you is to ask your advice about the matter. Please write to me at once and advise me what will be best for me to do. Colonel Gillespie told me that he would give you a full statement of the affair. Very respectfully, C. HURTEL. His Excellency Governor Davis. Calvert, Texas, November 8, 1871. I do solemnly swear that thecrontents of the within statement are true. C. HURTEL. At the time that I did this I understood that it was the general programme throughout the State in conducting the election. Indorsed on the back: " Charles Hurtel. D. G. Worrell. United States commissioner, western dis- trict of Texas." Mr. CLARK, of Texas. I now ask the Clerk to read the true letter. •" 12 The Clerk read as follows: Calvkiit, Tkxas. OrtoUrlh, 1S71. Dear Sie: I hiive the lioimr to adilress you a few lines to make a Htati-iuciil i>t' the proceedings of the grand jury ol tills eumiiy against nil Kood Repub- licans who took any active part iti tlie late elections in this county. The gr-iiid jury has found bills of indicttneiit against all good Republicans who took any active iiart in the election. Judge Thurinond, Colonel Uillcspie, niysell, and a good many others, have bad bills found against tbctn, and put under arrest for imrely imaginary charues. I am under arrest, but not contiiied, lor "aiding persons not qualified '' to vote. I am engaged in teaching a colored school in this county, and have been teachingforlhe pasteighteen months, and have sutlVred a good deal of persecution on that account Ity the Democrats; have been as- saulted on three dillVreiit occasions. The Inst lime was on the IVtIi of. June, 1871. At that time I was knocked down and beaten with a. club until 1 ^ras insensible, by one William Ueanie, a wealthy citizen of this county. I intended to have him indicted before the present grand jury for assault and bat- tery, but he having Iriends and relatives on the grand jury, he had me indicted to defeat mo in my case against hiiu belore the grand jury. My dear Governor. I am an cdd Feileral soldier, and served mv country faithfully, which the wounds on luy body will testify. I lost my right leg above the knee at the battle of (Jctfysburg. :; 1 of .July. \S6.i. besides two other wounds received before that time; and I now most respectfully ask your advice as to how I shall pro- ceed about getting out of luy present dilliculties and get justice done mo. Colonel Gillespie knows me personally, ami can tell you about me, and that I am an unflinching Republican. I hold a certificate of the third class in the public schools of this State, and would like to be assigned to a school; as it would now be dangerous for mo to go back to where I have been teaching, and if possi- ble (when I get out of my present difficulties) I would like to bo assigned to gome other i>art of this district. Witli many wishes for your prosperity and happi- ness, I am truly and most respectfully, your obedient servant, q HURTEL. His Excellency Governor Davis. P. S. — Please excuse bad writing, as it is the fault of the constant use of iny crutches. Respectfully, C. HURTEL. A true copy: ^ J. C. DE GRESS, Suprrinlrndtnt of Public Iimtruclion. Mr. CLARK, of Texiis. I refer now to the telegram on page 18 of the argument of the contoatee : Letter on page 94, Giddings's testimony, is a complete forgery. We have originnl. Ifall the tes- timony is of the sumo genuineness it is a coinpleto friuJ- JAS. P. NEWCOMli. Svrrtturt) of Slatt. Fahns ill nno falstts in omnibus. Whatever may lie the action of this Ilonse, the time is CDining* when ilie conduct of the Governor in issuing to me that certilicate will be vindicaied liy all honest men of the coun- try. There is nothing even in the teslitnoiiy of the contestant nnlitating against that cer tificate. In referring to IJrazos county, the committee say that the board of elections had tlie right to nnmljer and mark each ticket. I join issue on that. Mr. HOAR. The committee make no such statement anywhere. The committee say that the numbering of the ballots by the officers of elections, whether legal or illegal, does not warrant depriving the voter of the right to cast his ballot. Mr. CLARK, of Texas. In other words, they have the right to number the ballots whether in violation of law or not, and to keep a complete supervision over every man with regard to his vote. I assert, sir, that that is utterly in violation of the law of the State, and is a species of Ku Klu.x espionage to wjiich the gentleman from Massachusetts would not like long to be subjected in Texas. 1 believe, sir, that the whole (pieslion in my case depends upon the action of the returning officers regarditig Washington county. I think tlie chairman of the committee has come to the same conclusion. Indeed, the report of the committee would indicate that so far as the armed violence of Limestone and Free- stone counties is concerned, the Governor was perfectly justified in rejecnng the votes of those two counties. I'liis Washington county is the home of the contestatit. it is the garden spot of the State. I have lived there. I know its people ; and I know there is in that county a Republican majority of 1.80U or 2,000 votes. It was natural, sir, that this contestant should desire to c^iriy his own county. Unlbrtiinately for him he did not, but he was sullicieiiily successful to reduce my majority to about 201). i'o accomplish that result the contestant and his friends, as is shown by the evidence, set up two boxes, one on either side of the court house, one called "the white man's box," and the other "the black man's box," thus drawing a dis- tinction betweeti the different classes ol voters, "the rebel Democratic" and " tiie Repub- lican." It is well known that tlie contestant and his family are very large owners of real estate, and are bankers and lawyers in that county. The scheme was well devised and admirably executed. When it was discovered that 1 was to carry that county by a very large mnjoriiy these two boxes were set up, in the face of the protest of the district attorney, as shown by evidence of contestant. Tiie regular judge of election was driven from the board, and a creature of the con- testant, without any authority, assigned to preside over " the white man's box." To make this scheme of villainy more complete, the telegraphic wires leading to Austin were cut, in order that no knowledge of these facts might come to the (lovernor of the State; and not until they had accomplished their object did the friends of the contestant permit the wires to be replaced. In view of these facts sworn to and certified before the returning officers, the Governor of the State rejected this illegal white man's box and counted only !he regular box in accordance with the election laws of the State. In this, as has been said, 13 the Governor was perfectly justified, and he would have been false to himself and to the lo5'ai people of the district had he acted other- wise. The committee think differently. They never will be convinced to the contrary until they biive passed through one election in the Stale of Texas. I am sorry, sir, that not one member of the committee ever smell powder, or was ever under rebel fire, but I hope, sir, that the time is coming when they or their children will learn by the iron hand of experi- ence what ii is to live in a disloyal State. I regret to have occupied iheattention of the House so long. I have done it only in justice to myself and to the loyal people of the South. You will not hear from me very soon, prob- ably. Your action to-day makes that impos- sible. But, sir, I am coming back here. I am coming back to raise my voice once more in behalf of the rights of the people whose cause I have ever advocated on this door — the cause of loyalty and equal rights for every Ameri- can citizen. I would like to refer for a moment to the achievements of the Republican party in my Stale since it came into power. For thirty long years the Democracy held that State, as it held the other southern States, in the abject subjection of master and slave, slaves white as well as black. When that mighty incubus of aristocratic slave power was lifted from that people it sprang into a new life. For thirty years of Democratic rule, with millions of money and millions of acres of land, they could show leas than four hundred miles of railroads. With the Llepublican party in power in less than two years they showed over five hundred miles of railroad completed. For thirty year's there never was seen a free school in the whole Slate, notwithstanding the mil- lions of money appropriated for that purpose. The same men who have secured the seat here for my opponent stole the money which was to be applied to the purposes of free schools, exhausted the treasury, and left a debt of $500,000 upon the Republican party. To-day, in less than eighteen months after the Repub- lican party took control, there are over two thousand schools and over one hundred and eighty iliousand children in them. And more, sir. Men talk here flippantly about the carpet-bag governments of the South. The Governor of my State, the bravest, the most honest, the most earnest-hearted Executive in the South, was born in Florida, and has lived thirty years in Texas. The secretary of State, earnest, true, and determined, has lived there nearly thirty years. The other return- ing officer has lived there for more than thirty- five years ; and so with nearly every Slate otficer in Texas. They have stood up man- fully against every attempt to involve the State in debt, notwithstanding it was sought to be forced upon them by the Legislature, four fifths of whom were southern born, every Democrat with two exceptions voting all the time for every job. For the last time I reiterate what I have said before on this floor, that with all these attempts on the part of the rebel Democracy the State to-day stands belter in credit than any southern State. She pwes less than five hundred thou- sand dollars. Her bonds sell readily at par. Her treasury meets every demand upon it, and it will be the glory of the Republican party in the future as in the past to hold up to the country a recons'ructed Slate whose credit, whose honor, and whose integrity is proof against every insinuation, every unauthorized statement which has been made on this floor or in the Senate by any man, whatever his rank or position. It is true, sir, that in this contest I have been compelled to contest against one of the vice presidents of the Dolly Varden conven- tion, a Senator from my Slate. He has sought every opportunity, perhaps because I was his opponent for his seat in the Senate, to vilify and traduce me, and to hold me up to the execration of men who think like himself, that no man has any right to be born unless he can be born in the South. The chief and most earnest advocate of the very measures brought forward by the Legislature of the State to carry out the provisions of the constitution which he himself wrote and caused to be incorporated therein, when the time came for him to put his hands in his pocket and pay his share of the taxes which were necessary to support the measures called for by that constitution, he then, like all his family, loving money better than principle, enjoying vituper- ation better than commendation, soured, em- bittered, lonely, and miserable, without a friend as he says in the broad land, has made it his special province to vilify the State administration, abuse the school system, and has joined the rebel Democracy to assist my opponent and secure my defeat. 1 have said, sir, that I go but to return, I shall return when men like the one whom I have just described shall have gone down to their graves unhonored, unwept, and unsung; when the school-house and the church will be seen upon every hilltop, and in evei'y valley throughout that beautiful land ; when the whistle of the locomotive shall have frightened from their dens forever all the Ku Klux and all the rebel friends of that gentleman ; when the three thousand miles of railroad now being built at the rate of two and a half miles a day, shall have brought to that State the industry and intelligence of Europe and of the gi'eat Northwest. Then, sir, it will not be necessary for the sitting member, as now, his seat being contested by one of the friends of the contest- ant, to take a pistol in one hand and a pen ia the other to take his testimony to vindicate LIBRARY OF CONGRESS 14 his cause. In ihat day there will be no sub- ornation of witnesses. There will be no such record us thai which lias been presented here by the contestant, Init he and all bis friends, unless they rer)ent and join the progressive party, the great Republican party, which believes treason odious and loyalty honorable, will have sunk into the oblivioji which they deserve. Mr. Speaker, I have been called a carpet bagger. It is true, sir, that I was born in New England ; that 1 drew my (ir.st breath amid her grim, gray clifls and mountain peaks, her crystal lakes, her lofty pines, her melancholy solitudes. More than twenty-five years ago, a boy of thirteen, I went out alone to tight my battle with the world. I learned at my mother's knee to hate wrong, slavery, dishonesty, and hypocrisy. Creeping up the old stairway many a day I have listened to that mother's pleading with the great God above us for the liberation of the slave and the equality of man before the law. I love to go back sometimes to that old home and to lay my head down upon the rocks and feel the great heart of New England beat up through lier granite. Honest pulsations are they as they come up from those rocky depths, and their influence is now, and has been felt for noihiiiK but good throughout the glo- rious West and Southwest, and their vibrations are only lost when they meet the lips of the waves that kiss the shores of the Pacific. I am proud that I am a New England man, but I am also an American citizen and a citizen of Texas. Through the terrible battle-fields of the war I fbuglit my way there. I believe I have aright to live there and wherever the old starry banner floats. True, I have seen that flag torn down over my head and burned in the tar barrel during my canvass ; but, thank God, I shall yet live to see the day when, even in Texas, any n)an who dares to tear down that flag will be hanged upon the spot and all the people will say "amea." One word more, and I have done. In the language of Henry Clay, until very recently the patron political saint of Mr. Greeley, the candidate of the "chamelion" convention at Cincinnati — "I announce here that I have wished the good opinion of the world, but I tlely the uiOst malignant of my enemies to show that I have attempted to gnin it by any low or groveling acts, by any mean or unworthy sacrifices, by the violation of any of the obligations of honor, or by a breach of any of the duties which I owed to my country." j I understand the temper of this House. You j cannot pass the "civil rights bill," nor can ! you continue in force the " Ku Klux act." 1 The loyal people of the South in the coming ; contest, the bitterest and most vindictive ever I known in this country, will next fall be left to themselves, as they were in 18G0and 1801, to the mercy of their enemies, thanks to Mr. Greeley and his friends. But the cause of loyalty and freedom will triumph. It will cost blood and treasure, but out of the second rebellion will come the hero of the old army of the Teaoessee once more triumphant. The soldiers and sailors who endured so much and sacrificed so much in the late war have no use for the hot and cold philosopher of Chappaqua. "Consistency is a jewel;" the only maxim which the swift bailor of his country's arch- traitor has never learned. This maxim will be taught him and all like him by the peo- ple next November who hate treason and hypocrisy and who love the patriot soldier and the memory of their country's heroic dead. " Time at last makes all things even." " There never yet was human power Which could evade, if unforgivcu, The patient search and vigil long. Of him who treasures up a wrong." Mr. Speaker, turn out the patriot soldier, and swear iu the unrepentant rebel. I have done.