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THE 
 
 Campaign Test Book, 
 
 WHY THE PEOPLE WANT A CHAME. 
 
 nmi 
 
 iijj 
 
 Its Sins of Commission and Omission. 
 
 A SUMMARY OF LEADING EVENTS IN OUR HISTORY UNDER 
 REPUBLICAN ADMINISTRATION. 
 
 ISSUED BY THE 
 
 NATIONAL DEMOCRATIC COMMITTEE. 
 
 I880. 
 
'^Cm^. ^ .^ . c_ ipa-('\y. Na^^onal corr«m\\Xc€. ^ 
 
 THE 
 
 Campaign Text Book, 
 
 WHY THE PEOPLE WANT A CHANGE. 
 
 The Republican Party Reyiewed: 
 
 ITS SINS OF COMMISSION AND OMISSION. 
 
 A SUMMARY OF LEADING EVENTS IN OUR HISTORY UNDER 
 REPUBLICAN ADMINISTRATION. 
 
 COPYRIGHTED^ 188p. 
 
 ISSUED BY THE 
 
 NATIONAL DEMOCRATIC COMMITTEE. 
 
 NEW YORK; 
 
 1880. 
 
v'^ 
 
 's'^'^.> 
 
 € 
 
 PRESS OF 
 
 JOHN POLHEMUS, 
 
 Ko. 102 NASSAU STREET, 
 
 NEW YORK. 
 
THE DEMOCRATIC PLATFORM. 
 
 Adopted by the National Democratic Convention held at 
 Cincinnati, June 1880. 
 
 The Democrats of the United States, in Convention assembled, declare 
 
 1. We pledge ourselves anew to the constitutional doctrines and traditions of 
 the Democratic party as illustrated by the teachings and example of a long line 
 of Democratic statesmen and patriots, and embodied in the platform of the last 
 National Convention of the party. 
 
 2. Opposition to centralization and to that dangerous spirit of encroachment 
 which tends to consolidate the powers of all the departments in one, and thus to 
 create whatever be the form of government, a real despotism. No sumptuary 
 laws ; separation of Church and State for the good of each ; common schools 
 fostered and protected. 
 
 3. Home Rule ; honest money, consisting of gold and silver, and paper con- 
 vertible into coin on demand ; the strict maintenance of the public faith, State 
 and National, and a tariff for revenue only. 
 
 4. The subordination of the military to the civil power, and a genuine and 
 thorough reform of the Civil Service. 
 
 5. The right to a free ballot is a right preservative of all rights, and must and 
 shall be maintained in every part of the United States. 
 
 6. The existing Administration is the representative of conspiracy only, and its 
 claim of right to surround the ballpt boxes with troops and Deputy Marshals, 
 to intimidate and obstruct the election, and the unprecedented use of the veto to 
 maintain its corrupt and despotic powers, insult the people and imperil their 
 institutions. 
 
 7. We execrate the course of this Administration m making places in the Civil 
 Service a reward for political crime, and demand a reform by statute which shall 
 make it forever impossible for a defeated candidate to bribe his way to the seat 
 of a usurper by billeting villains upon the people. 
 
 8. The great fraud of 1876-77, by which, upon a false count of the Electoral 
 votes of two States, the candidate defeated at the polls was declared to be Presi- 
 dent, and for the first time in American history the will of the people was set 
 aside under a threat of military violence, struck a deadly blow at our system of 
 representative government. The Democratic party, to preserve the country from 
 the horrors of a civil war, submitted for the time in firm and patriotic faith that 
 the people would punish this crime in 1880. This issue precedes and dwarfs 
 every other. It imposes a more sacred duty upon the people of the Union than 
 ever addressed the consciences of a nation of freemen. 
 
 250540 
 
4 GENERAL HANCOCfc's LETTER OF ACCEPTANCE, 
 
 9. The resolution of Samuel J, Tilden not again to be a candidate for the 
 exalted place to which he was elected by a majority of his countrymen, and from 
 which he was excluded by the leaders of the Republican party, is received by the 
 Democrats of the United States with deep sensibility, and they declare their con- 
 fidence m his wisdom, patriotism and integrity unshaken by the assaults of the 
 common enemy ; and they further assure him that he is followed into the retire- 
 ment he has chosen for himself by the sympathy and respect of his fellow citizens, 
 who regard him as one who, by elevating the standard of public morality and 
 adorning and purifying the public service, merits the lasting gratitude of his 
 country and his party. 
 
 10. Free ships and a living chance for American commerce on the seas, and on 
 the land no discrimination m favor of transportation lines, corporations, or 
 monopolies. 
 
 11. Amendment of the Burlingame treaty; no more Chinese immigration, 
 except for travel, education, and foreign commerce, and that it even carefully 
 guarded. 
 
 13. Public money and public credit for public purposes solely, and public land 
 for actual settlers. 
 
 13. The Democratic party is the friend of labor and the laboring man, and 
 pledges itself to protect him alike against the cormorants and the Commune. 
 
 14. We congratulate the country upon the honesty and thrift of a Democratic 
 Congress which has reduced the public expenditures $40,000,000 a year; upon 
 the continuation of prosperity at home, and the national honor abroad, and, 
 above all, upon the promise of such a change in the administration of the Gov- 
 ernment as shall insure us genuine and lasting reform in every department of the 
 public service. 
 
 GEN. HANCOCK'S LETTER OF ACCEPTANCE. 
 
 General Hancock has written the following letter accepting the Democratic 
 nomination for the Presidency of the United States : 
 
 Governor's Island, ) 
 
 New York City, July 39, 1880. f 
 
 Gentlemen : I have the honor to acknowledge the receipt of your letter of 
 July 13, 1880, apprising me formally of my nomination to the office of President 
 of the United States by the National Democratic Convention lately assembled in 
 Cincinnati. I accept the nomination with grateful appreciation of the confidence 
 reposed in me. The principles enunciated by the convention are those I have 
 cherished in the past and shall endeavor to maintain in the future. 
 
 The thirteenth, fourteenth and fifteenth amendments to the Constitution of 
 the United States, embodying the results of the war for the Union, are inviolable. 
 If called to the Presidency I should deem it my duty to resist with all my power 
 any attempt to impair or evade the full force and effect of the Constitution, which 
 in every article, section and amendment is the supreme law of the land. The 
 Constitution forms the basis of the Government of the United States. The pow- 
 
GEN. HANCOCK'S LETTER OF ACCEPTANCE. 5 
 
 ers granted by it to the legislative, executive and judicial departments define and 
 limit the authority of the General Government ; powers not delegated to the 
 United States by the Constitution, nor prohibited by it to the States, belong to 
 the States respectively or to the people. The General and State governments, 
 each acting in its own sphere without trenching upon the lawful jurisdiction of 
 the other, constitute the Union. This Union, comprising a General Government 
 with general powers, and State governments with State powers for purposes local 
 to the States, is a polity the foundations of which were laid in the profoundest 
 wisdom. 
 
 This is the Union our fathers made, and which has been so respected abroad 
 and so beneficent at home. Tried by blood and fire, it stands to-day a model 
 form of free popular government, a political system which, rightly administered, 
 has been and will continue to be the admiration of the world. May we not say 
 nearly in the words of "Washington : The unity of government which constitutes 
 Tis one people is justly dear to us ; it is the main pillar in the edifice of our real 
 independence, the support of our peace, safety and prosperity, and of that liberty 
 we so highly prize and intend at every hazard to preserve ? 
 
 But no form of government however carefully devised, no principles how- 
 ever sound, will protect the rights of the people unless administration is faithful 
 and efficient. It is a vital principle in our system that neither fraud nor force 
 must be allowed to subvert the rights of the people. When fraud, violence 
 or incompetence controls, the noblest constitutions and wisest laws are useless. 
 The bayonet is not a fit instrument for collecting the votes of freemen. It is 
 only by a full vote, free ballot and fair count that the people can rule in fact as 
 required by the theory of our Government. Take this foundation away and the 
 whole structure falls. Public office is a trust, not a bounty bestowed upon the 
 holder; no incompetent or dishonest persons should ever be intrusted with it, or 
 if appointed they should be promptly ejected. The basis of a substantial, practi- 
 cal, civil service reform must first be established by the people in filling the 
 elective oflSces; if they fix a high standard of qualifications for office and sternly 
 reject the corrupt and incompetent, the result will be decisive in governing the 
 action of the servants whom they intrust with appointing power. 
 
 The war for the Union was successfully closed more than fifteen years ago. 
 All classes of our people must share alike in the blessings of the Union, and are 
 equally concerned in its perpetuity and in the proper administration of public 
 affairs. We are in a state of profound peace. Henceforth let it be our purpose 
 to cultivate sentiments of friendship and not of animosity among our fellow- 
 citizens. Our material interests, varied and progressive, demand our constant 
 and united efforts. A sedulous and scrupulous care of the public credit, to- 
 gether with a wise and economical management of our governmental expendi- 
 tures, should be maintained, in order that labor may be lightly burdened and 
 that all persons may be protected in their rights to the fruits of their own 
 industry. The time has come to enjoy the substantial benefits of reconciliation. 
 As one people we have common interests. Let us encourage the harmony and 
 generous rivalry among our own industries which will revive our languishing 
 merchant marine, extend our commerce with foreign nations, assist our mer- 
 chants, manufacturers and producers to develop our vast natural resources and 
 increase the prosperity and happiness of our people. 
 
 If elected I shall, with the divine favor, labor with what ability I possess to 
 discharge my duties with fidelity according to my convictions, and shall take 
 care to protect and defend the Union and to see that the laws be faithfully and 
 
6 HON. WK. H. ENGLISH'S LETTER OF ACCEPTANCE. 
 
 equally executed in all parts of the country alike. I will assume the responsi- 
 bility, fully sensible of the fact that to administer rightly the functions of govern- 
 ment is to discharge the most sacred duty that can devolve upon an American 
 
 citizen. 
 
 I am very respectfully yours, 
 
 WINFIELD S. HANCOCK. 
 
 To the Honorable John W. Stevenson, President of the Convention, the 
 
 Honorable John P. Stockton, Chairman, and others of the Committee of the 
 
 National Democratic Convention. 
 
 HON. WM. H. ENGHSffS LETTER OF ACCEPTANCE. 
 
 Indianapolis, Ind., July 30, 1880. 
 Gentlemen : I have now the honor to reply to your letter of the 13th inst. , 
 informing me that I was unanimously nominated for the office of Vice-President 
 of the United States by the late Democratic National Convention which assembled 
 at Cincinnati. As foreshadowed in the verbal remarks made by me at the time 
 of the delivery of your letter, I have now to say that I accept the high trust with 
 a realizing sense of its responsibility, and am profoundly grateful for the honor 
 conferred. I accept the nomination upon the platform of principles adopted by 
 the Convention, which I cordially approve, and I accept it as much because of 
 my faith in the wisdom and patriotism of the great statesman and soldier nomi- 
 nated on the same ticket for President of the United States. His eminent services 
 to his country ; his fidelity to the Constitution, the Union and the laws ; his clear 
 perception of the correct principles of government as taught by Jefiferson ; his 
 scrupulous care to keep the military in strict subordination to the civil author- 
 ities, his high regard for civil liberty, personal rights and rights of property ; his 
 acknowledged ability in civil as well as military affairs, and his pure and blame- 
 less life — all point to him as a man worthy of the confidence of the people. Not 
 only a brave soldier, a great commander, a wise statesman and a pure patriot, but 
 a prudent, painstaking, practical man of unquestioned honesty ; trusted often 
 with important public duties, faithful to every trust, and in the full meridian of 
 ripe and vigorous manhood, he is, in my judgment, eminently fitted for the high- 
 est office on earth — the Presidency of the United States. Not only is he the right 
 man for the place, but the time has come when the best interests of the country 
 require that the party which has monopolized the Executive Department of the 
 General Government for the last twenty years should be retired. The continu- 
 ance of that party in power four years longer would not be beneficial to the pub- 
 lic or in accordance with the spirit of our republican institutions. Laws of entail 
 have not been favored in our system of government. The perpetuation of prop- 
 erty or place in one family or set of men has never been encouraged in this coun- 
 try, and the great and good men who formed our Republican government and its 
 traditions wisely limited the tenure of office, and in many ways showed their dis- 
 approval of long leases of power. Twenty years of continuous power is long 
 
HON. WM. H. 
 
 enough, and has already led to irregularities and corruption which are not likely 
 to be properly exposed under the same party that perpetuated them : besides, it 
 should not be forgotten that the four last years of power held by that party were 
 procured by disreputable means and held in defiance of the wishes of a majority 
 of the people. It was a grievous wrong to every voter and to our system of self- 
 government which should never be forgotten nor forgiven. Many of the men now 
 in office were put there because of corrupt partisan services in thus defeating the 
 fairly and legally expressed will of the majority, and the hypocrisy of the profes- 
 sions of that party in favor of civil service reform was shown by placing such 
 men in office and turning the whole brood of Federal office-holders loose to influ- 
 ence the elections. The money of the people, taken out of the public treasury by 
 these men for services often poorly performed, or not performed at all, is being 
 used in vast sums, with the knowledge and presumed sanction of the Administra- 
 tion, to control the elections, and even the members of the Cabinet are strolling 
 about the country making partisan speeches, instead of being in their departments 
 at Washington discharging the public duties for which they are paid by the 
 people. But with all their cleverness and ability a discriminating public will no 
 doubt read between the lines of their speeches that their paramount hope and 
 aim is to keep themselves or their satellites four years longer in office. Perpe- 
 tuating the power of chronic Federal office-holders four years longer will not 
 benefit the millions of men and women who hold no office; but earning their daily 
 bread by honest industry, is what the same discerning public will no doubt fully 
 understand, as they will also that it is because of their own industry and economy 
 and God's bountiful harvests that the country is comparatively prosperous, and 
 not because of anything done by these Federal office-holders. The country is 
 comparatively prosperous, not because of them but in spite of them. This 
 contest is in fact between the people endeavoring to regain the political power 
 which rightfully belongs to them, and to restore the pure, simple, economical, 
 constitutional government of our fathers on the one side, and a hundred thousand 
 Federal office-holders and their backers, pampered with place and power, and 
 determined to retain them at all hazards, on the other. Hence the constant 
 assumption of new and dangerous powers by the general government under the 
 rule of the Republican party, the effort to build up what they call a strong 
 government, the interference with home rule and with the administration of 
 justice in the courts of the several states, the interference with the elections 
 through the medium of paid partisan federal office-holders interested in keeping 
 their party in power, and caring more for that than fairness in the elections. In ' 
 fact, the constant encroachments which have been made by that party upon tlie 
 clearly reserved rights of the people and the states will, if not checked, subvert 
 the liberties of the people and the government of limited powers created by the 
 fathers, and end in a great consolidated central government — strong, indeed, for 
 evil — and the overthrow of republican institutions. The wise men who formed 
 our Constitution knew the evils of a strong government and the long continuance 
 of political power in the same hands. They knew there was a tendency in this 
 direction in all governments and consequent danger to republican institutions 
 from that cause, and took pains to guard against it. The machinery of a strong 
 centralized general government can be used to perpetuate the same set of men in 
 power from term to term uiitil it ceases to be a republic, or is such only in name, 
 and the tendency of the.party now in power in that direction, as shown in various 
 ways, besides the willingness recently manifested by a large number of that party 
 to elect a President an unlimited number of terms, is quite apparent, and must 
 
8 HON. WM. H. ENGLISH'S LETTER OF ACCEPTANCE. 
 
 satisfy thinking people that the time has come when it will be safest and best for 
 that party to be retired. But in resisting the encroachments of the General 
 Government upon the reserved rights of the people and the states, I wish to be 
 distincily understood as favoring the proper exercise by the General Government 
 of the powers rightfully belonging to it under the Constitution. Encroachments 
 upon the Constitutional rights of the General Government or interference with 
 the proper exercise of its powers must be carefully avoided. The union of the 
 States under the Constitution must be maintained, and it is well known that this 
 has always been the position of both the candidates on the Democratic Presiden- 
 tial ticket. It is acquiesced in everywhere now, and finally and forever settled 
 as one of the results of the war. It is certain beyond all question that the legiti- 
 mate results of the war for the Union will not be overthrown or impaired should 
 the Democratic ticket be elected. In that event proper protection will be given 
 in every legitimate way to every citizen, native or adopted, in every section of 
 the republic, in the enjoyment of all the rights guaranteed by the Constitution 
 and its amendments: a sound currency, of honest money, of a value and pur- 
 chasing power corresponding substantially with the standard recognized by the 
 commercial world, and consisting of gold and silver and paper convertible into 
 coin, will be maintained ; the labor and manufacturing, commercial and business 
 interests of the country will be favored and encouraged in every legitimate way. 
 The] toiling millions of our own people will be protected from the destructive 
 competition of the Chinese, and to that end their immigration to our shores will 
 be properly restricted. The public credit will be scrupulously maintained and 
 strengthened by rigid economy in public expenditure, and the liberties of the 
 people and the property of the people will be protected by a government of law 
 and order, administered strictly in the interest of all people, and not of corpora- 
 tions and privileged classes. I do not doubt the discriminating justice of the 
 people and their capacity for intelligent self-government, and, therefore, do not 
 doubt the success of the Democratic ticket. Its success would bury beyond 
 resurrection the sectional jealousies and hatreds which have so long been the 
 chief stock in trade of pestiferous demagogues, and in no other way can this be 
 so effectually accomplished It would restore harmony and good feeling be- 
 tween all the sections, and make us in fact, as well as in name, one people. The 
 only rivalry then would be in the race for the development of material prosper- 
 ity, the elevation of labor, the enlargement of human rights, the promotion of 
 education, morality, religion, liberty, order, and all that would tend to make us 
 the foremost nation of the earth in the grand march of human progress. 
 I am, with great respect, very truly yours, 
 
 WILLIAM H. ENGLISH. . 
 To the Honorable John W. Stevenson, President of the Convention, 'the Hon- 
 orable John P. Stockton, Chairman, and other members of the Committee of 
 Notification. 
 
LIFE OF WINFIELD S. HANCOCK, 
 
 LIFE OF WINFIELD S. HANCOCK. 
 
 It would be difficult to compress into the space allotted to this sketch even the 
 leading facts of a life so rich in incident and achievement as that of General Han- 
 cock. A reasonably full narrative of his great public services would fill a very 
 large volume, every line of which would be interesting and instructive. It is 
 with great reluctance that one undertakes to pick and cull from such a mass of 
 inviting materials, but it is manifestly impossible to offer in this form more than 
 a brief outline of the brilliant career whose principal events are more or less 
 familiar in every American household. The deficiency, however, will be shortly 
 supplied by complete biographies from competent hands, to which the reader who 
 desires a closer study of the noble character of this remarkable man is respect- 
 fully referred. 
 
 EARLY LIFE. 
 
 Winfield Scott Hancock was born near Norristown, Montgomery county, 
 Pennsylvania, on the 14th of February, 1834. Both his grandfathers served in 
 the War of Independence, and his father was out in the War of 1812. He sprang 
 from a race of sturdy citizen soldiers, who had through several generations re- 
 sponded to every call of public dutiy, and it was only natural, considering the 
 traditions of the family, that his own inclinations should be toward the profession 
 of arms. Accordingly, at the age of sixteen, he was appointed a cadet at West 
 Point. He had previously studied at the Norristown Academy , and, by reason 
 of his steady habits and strong will, had received all the advantages which that 
 institution was capable of imparting to one of his years. Among the associates 
 of young Hancock at West Point were Generals Franklin, Smith, Grant, McClel- 
 lan , Reynolds , Reno and Burnside, distinguished on the Union side in the civil 
 war, and Longstreet, Jackson and the two Hills, who faced their old comrades 
 at the head of the Confederate columns. Hancock graduated well up in a large 
 class in June, 1844, and was immediately commissioned brevet second lieutenant 
 in the Sixth Infantry. 
 
 MEXICAN WAR. 
 
 Hancock served two years with his regiment in the Indian Territory, a post as 
 disagreeable at that time as any on our extended frontier, until the Mexican war 
 afforded him an opportunity of distinction in the field, as it did to many others 
 whose deeds have brightened the pages of later history. Here he gathered fresh 
 honors in every succeeding engagement, from the Natural Bridge to the capture 
 of the City of Mexico. He was brevetted for Contreras and Cherubusco ; but his 
 gallantry was conspicuous in all the battles, and uniformly attracted the admira- 
 tion, and compelled the respectful mention, of his superiors. 
 
 In 1848 and 1849 he was regimental quartermaster; from 1849 to 1855 he served 
 as adjutant. Meanwhile, in 1853, he was promoted to the full rank of first lieu- 
 tenant, and in 1855 to that of captain. He served in the Florida Indian war of 
 
10 LIFE OF WINFIELD S. HANCOCK. 
 
 1856-7; he was in Kansas in 1857, performing, in becoming silence, the duty 
 of a soldier, but looking upon the beginnings of the sectional war in that far-off 
 territory with the deepest concern for the future of the country. His keen eyes 
 penetrated beneath the surface; he felt the drift of things toward inevitable 
 separation, and he was not unprepared for the great conflict when it opened. He 
 accompanied Gen. Johnston's expedition to Utah, and thence marched overland 
 to California, where he remained until the fall of Sumter. It will be observed 
 that his service in the army previous to the civil war carried him to many parts 
 of the country, and was of a character to furnish an observing and thoughtful 
 officer with a vast fund of useful knowledge respecting the wants and interests 
 of the people, and especially of the Great West, where he served through so 
 many of the best years of his life. 
 
 COMBATS SECESSION IN CALIFORNIA. 
 
 Captain Hancock was not merely ready and able to serve the cause of the 
 Union on the battlefield ; he was equally ready and equally able to serve it with 
 voice and pen. When news of the struggle in Charleston Harbor reached him 
 at Los Angeles, where he was then stationed, he first forwarded to Governor 
 Curtin of Pennsylvania his application for a command among the troops of his 
 native State, and threw himself into the work of saving California to the Union. 
 This was no child's play. The State trembled on the very verge of secession. 
 It was largely settled by brave and intelligent Southern men, whose sympathies^ 
 with scarcely an exception, followed the new flag which rose amid the smoke of 
 Sumter, and was advancing rapidly to Washington. But for the heroic '^conduct 
 and the wise measures adopted by Democrats like Field and Hancock, sinking 
 all party differences, and forming a coalition composed of men of all factions, ta 
 hold California to her place in the family of States, she would have been dragged 
 out by the tremendous energy of the secession leaders, and the whole character 
 of the subsequent struggle would have been changed. The temptation to Brit- 
 ish intervention would have been incalculably strengthened, and anybody can 
 estimate the additional strain upon our resources which would have been occa- 
 sioned by an extension of the war beyond the Rocky Mountains. But there, as 
 in every other similar emergency of his life, Hancock was equal to the civil as 
 well as to the military duty of the hour. His influence, guided and directed by 
 the rare political intelligence which has distinguished his conduct whenever 
 called upon to deal with civil affairs, was cast on the right side, and in a way to 
 be seriously felt. 
 
 But Captain Hancock was needed elsewhere. His character was thoroughly 
 understood at Washington, and especially by General Scott, who had not failed 
 to mark him among the brilliant young officers whose behavior commanded his 
 attention in Mexico. The Governor of Pennsylvania did not immediately 
 respond ; but an application to the Lieutenant-General of the Army brought an 
 order to report m person at Washington. Before his arrival , however. General 
 McClellan had succeeded General Scott, and upon his recommendation Hancock 
 was, on the 21st of September, 1861, commissioned Brigadier-General of Volun- 
 teers, and assigned to a command in the division of General William F. (" Baldy") 
 Smith, then holding at the Chain Bridge one of the most important approaches 
 to Washington. 
 
 Gen. Hancock's brigade was composed of one regiment from Pennsylvania, 
 one from New York, one from Maine, and one from Wisconsin. To say that the 
 men of these regiments speedily learned to love him, is to express very mildly 
 the feelings with which good soldiers regard the captein who leads them to honor 
 
LIFE OF WINFIELD S. HANCOCK. II 
 
 and fame, while caring for them individually and collectively, with the tender- 
 ness of a comrade and a friend. Gen. Hancock wasted no time in the idle shows 
 of the camp. He set to work to bring these regiments into a state of perfect mili- 
 tary discipline, and to make them soldiers in fact as well as in name. It was no 
 holiday matter with him, and he wanted this force to be equal to any task that 
 might be assigned to it. Long before it was called into action he was able to 
 say, that it could accomplish whatever an equal number of men could do any- 
 where on the face of the earth; and its record of splendid achievements fully 
 justifies his early confidence. 
 
 SUMMARY OF SERVICES AGAINST THE REBELLION. 
 
 Henceforth the history of Gen. Hancock is very nearly the history of the Army 
 of the Potomac, whose marches and battles form the main features of the greatest 
 civil conflict that ever shook the earth. And over all that sanguinary trail from 
 the defences of Washington, over the Peninsula, up into Maryland and Pennsyl- 
 vania, through the Wilderness, and round about Petersburg, are the evidences 
 of his military genius and personal gallantry. The following is the barest sum- 
 mary of his record during those eventful years: 
 
 Battle of Lee's Mills, Va., under McClellan, April 16th, 1862, and subsequent 
 operations before Yorktown. 
 
 Williamsburg, May 5th, 1862. Repulsed the enemy at Garnett's Hill, June 
 27th ; Golding's Farm, June 28th ; Savage's Station, June 29th, and White Oak 
 Swamp, June 30th. Led his brigade at Antietam, September 17th, 1862, until 
 afternoon, when he was placed in command of the first division of the Second 
 Corps. Stormed and carried a portion of the enemy's line, capturing eleven 
 stands of colors, a large number of prisoners, and several thousand stands of 
 small arms. Promoted to the rank of Major-General, November 29th, 1862. 
 Fredericksburg, December 13th. Chancellorsville, May 1st, 2d and 3d, 1863, 
 where he covered the retreat. Assigned to command of the Second Corps, June 
 10th. Permanent assignment by the President, June 25th. Gettysburg, July 
 1st, 2d and 3d, where he fell severely wounded. Wilderness, May 5th, 6th and 
 7th, 1864. Battles of the Po and Spottsylvania, May 10th. Stormed the enemy's 
 works and won a decisive victory at Spottsylvania, May 12th, and repulsed 
 EwelFs assault. May 18th. North Anna, May 23d. Cold Harbor, June 3d. Before 
 Petersburg, June 15th to June 17th. Deep Bottom, July 2d. Reanes' Station, 
 August 25th. Boydton's Plank Road, October 27th. By order of the President 
 assumed command of the Middle Military Division and the Army of the Shen- 
 andoah, February 25th, 1865. He was breveted Major-General for Spottsylva- 
 nia, and was appointed Major-General, vice Sherman, appointed Lieutenant-Gen- 
 eral in 1866. It is a long and glorious record, of which it would be impossible to 
 give the details without rewriting the familiar history of the Army of the Poto- 
 mac. But brief outlines of two or three of his great battles will illustrate his. 
 method, and show what manner of man he was under an enemy's fire. 
 
 WILLIAMSBURG. 
 
 In the last days of March, 1862, the Army of the Potomac was landed at Fort- 
 ress Monroe and extended its lines across the Peninsula. Smith's division, in 
 which was Hancock's brigade, was sent to the left, and took the advance of that 
 wing toward Richmond. For nearly a month it was engaged in desultory but 
 bloody skirmishing with the enemy, in which Hancock's force bore a conspicuous 
 part. On the morning of the 4th of May it was discovered that the Confederates 
 had evacuated the works at Yorktown, and the pursuit began. It was effectually 
 checked, however, on the evening of the same day, when the Union army en- 
 
12 LIFE OF WINFIELD S. HANCOCK. 
 
 countered a second line of works parallel with the first, and extended from the 
 York almost to the James. They consisted of a series of formidable redoubts, 
 with a deep ravine and a stream in the front. In the center was a powerful re- 
 ^ueur work, mounted with heavy guns. Before this the weary army bivouacked 
 that night in mud and rain ; and the next morning Hooker hurled himself against 
 it, only to receive a bloody repulse. Meanwhile Hancock had been ordered to re- 
 connoitre the Confederate left, with a separate command, consisting of his own 
 "brigade, two additional regiments, and two light batteries. He had felt his way 
 very carefully for about a mile, when he came upon a fortification, visible 
 through a vista in the woods, protected by a ravine in front, which was filled 
 with water held by a dam. The place was strong but not sufficiently guarded. 
 Hancock pushed over the dam, dragged his artillery up the steep beyond, carried 
 the redoubt, formed again inside the enemy's line of works, and moved rapidly 
 toward the enemy's center at Fort Magruder. By this bold movement the Con- 
 federate left was turned, and the whole line must be abandoned or Hancock must 
 be dislodged. He pressed forward to a position within twelve hundred yards of 
 Fort Magruder, where he planted his batteries and opened a tremendous fire, to 
 which the enemy responded with their artillery. There the confiict raged all' the 
 day. He was in a position, if reinforced, to drive the enemy from their works ; 
 or, if not reinforced, to be himself annihilated. But, notwithstanding urgent 
 messages, no reinforcements came, and at five o'clock in the afternoon Hancock 
 reluctantly withdrew the batteries. 
 
 But all this while the enemy had been quietly making his dispositions to 
 crush the bold intruder, who had thrust himself into a position from which 
 there was apparently no retreat, and at the first retrograde movement of the ar- 
 tillery he burst from the woods on Hancock's right in two solid lines of battle. 
 They swept forward under a deadly fire, and enveloped the guns, which barely 
 escaped through a small gap, as yet unclosed. Hancock maintained a steady 
 front, and a no less steady fire, but fell back slowly to the crest of the gentle 
 ridge in his rear. The Confederates came on furiously with their overwhelming 
 numbers, shouting, " Bull Run ! Bull Run ! That flag is ours ! " Hancock halt- 
 ed and steadied his command at the crest for one brief moment. The enemy 
 were but forty yards distant; the next instant would decide the day. He dashed 
 from his place behind the line, and riding bare-headed along the blazing front, 
 shouted, " Forward ! Forward ! For God's sake, Forward ! " No sooner did the 
 men recognize his heroic figure, than they sent up a grand cheer above the din 
 of the musketry, and advanced in perfect order to the charge. It was a specta- 
 cle seldom witnessed in all the history of war. An inferior force, cut oif from 
 support, with the enemy between it and its own lines, suddenly pausing in an al- 
 most hopeless retreat, and then recovering the lost field by one magnificent, irre- 
 sistible charge ! But the feat was accomplished, and it was due not less to Han- 
 cock's previous discipline than to his wise conduct and splendid example in the 
 engagement itself. His victory was complete. The Confederates recoiled be- 
 fore the unexpected shock of Hancock's advance, and fell back, leaving the field 
 covered with their dead and wounded. After the battle the long- desired rein- 
 forcements arrived, when it was too late to follow up the advantage. But Han- 
 oock had gained a position which rendered the Williamsburg lines untenable, 
 and during the night the enemy evacuated them and resumed his retreat. 
 
 GETTYSBURG. 
 
 It will hardly be disputed that the battle of Gettysburg was pre-eminently 
 Hancock's, and that to him more than to any other, under God, must be ascribed 
 
LIFE OF WINFIELD S. HANCOCK. 1$ 
 
 that most decisive victory of the war. On the morning of July 1st he was in 
 camp with his Second Corps at Taneytown, Gen. Meade's headquarters, when 
 news came of the collision at Gettysburg. General Meade, upon hearing of the 
 death of General Reynolds, who was at Gettysburg in command of the First,. 
 Third and Eleventh Corps, ordered General Hancock forward to take com- 
 mand. He examined the maps of the country as he was hurried along in 
 an ambulance, and had probably made up his mind as to the value of all 
 the strategic points before he ever saw Gettysburg. Arriving there he found 
 the Union troops m full retreat. Reynolds was dead and everything in con- 
 fusion. "At this moment," says a distinguished participant in the battle, 
 " our defeat seemed complete. Our troops were flowing through the streets of 
 the town m great disorder, closely pursued by the Confederates, the retreat fast 
 becoming a rout, and in a very few minutes the enemy would have been in pos- 
 session of Cemetery Hill, the key to the position, and the battle of Gettysburg 
 would have gone into history as a rebel victory. But what a change came over 
 the scene in the next half hour ! The presence of Hancock, like that of Sheri- 
 dan, was magnetic. Order came out of chaos. The flying troops halt, and again 
 face the enemy. The battalions of Howard's corps that were retreating down 
 the Baltimore pike are called back, and with a cheer go into position on the crest 
 of Cemetery Hill, where the division of Steinwehr had already been stationed. 
 Wadsworth's division and a battery are sent to hold Gulp's Hill, and Geary, with 
 the White Star division, goes on the double-quick to occupy the high ground to- 
 ward Round Top. Confidence is restored, the enemy checked, and being de- 
 ceived by these dispositions, cease their attack. 
 
 Hancock's previous conceptions of the ground were confirmed by actual ob- 
 servation, and he not only advised Meade that he should fight there, but with 
 the promptness and decision which characterized all his movements, he proceed- 
 ed, without orders, to make such dispositions as really left Gen. Meade very 
 little choice in the matter. The latter, however, accepted the suggestions of his 
 lieutenant, and placed Gen. Hancock in command of the left center, where 
 again on the evening of the second day he restored to the Union army the for- 
 tunes of battle which were well-nigh lost forever. But it was on the third day 
 that Gen. Hancock's great opportunity arrived, and he performed for his country 
 a service which alone would render his name immortal — a service so grand in the 
 manner of it, and so far-reaching and precious in its consequences, that no man 
 has ever yet attempted to describe it or to weigh it, without feeling deeply the 
 inadequacy of words for the purpose. At all events, it cannot here be more fitly 
 set forth than in the following language of his brave and devoted comrade, 
 Major-General St. Clair A. MulhoUand, who affirms that which he saw: 
 
 "About noon we could see considerable activity along Seminary Ridge. Battery 
 after battery appeared along the edge of the woods. Guns were unlimbered,. 
 placed in position and the horses taken to the rear. On our side, officers sat 
 around in gi'oups and, through field glasses, anxiously watched these movements 
 in our front and wondered what it all meant. Shortly after 1 o'clock, however, 
 we knew all about it. The headquarter wagons had just come up and General 
 Gibbons had invited Hancock and staff to partake of some, lunch. The bread that 
 was handed around — if it ever was eaten — was consumed without butter, for as 
 the orderly was passing the latter article to the gentlemen, a shell from Seminary 
 Ridge cut him in two. Instantly the air was filled with bursting shells ; the bat- 
 teries that we had been watching for the last two hours going into position in our 
 front did not open singly or spasmodically. The whole hundred and twenty 
 
14 LIFE OF WINFIELD S. HANCOCK. 
 
 guns, which now began to play upon us, seemed to be discharged simultaneously, 
 as though by electricity. And then for nearly two hours the storm of death went 
 on. I have read many accounts of this artillery duel, but the most graphic de- 
 scription by the most able writers falls far short of the reality. No tongue or 
 pen can find language strong enough to convey any idea of its awf ulness. Streams 
 of screaming projectiles poured through the hot air, falling and bursting every- 
 where. Men and horses were torn limb from limb ; caissons exploded one after 
 another in rapid succession," blowing the gunners to pieces. No spot within our 
 lines was free from this frightful iron rain. The infantry hugged close the earth 
 and sought every slight shelter that our light earthworks afforded. It was liter- 
 ally a storm of shot and shell that the oldest soldiers there — those who had 
 taken part in almost every battle of the war— had not yet witnessed. That awful, 
 rushing sound of the flying missiles, which causes the firmest hearts to quail, is 
 everywhere. 
 
 "At this tumultuous moment we witness a deed of heroism such as we are apt to 
 attribute only to knights of the olden time. Hancock, mounted and accom- 
 panied by his staff, Major Mitchell, Captain Harry Bingham, Captain Isaac 
 Parker and Captain E. P. Bronson, with the corps flag flying in the hands of a 
 brave Irishman, Private James Wells, of the Sixth New York Cavalry, started 
 at the right of his line, where it joins the Taney town road, and slowly rode along 
 the terrible crest to the extreme left of his position, while shot and shell roared 
 and crashed around him, and every moment tore great gaps in the ranks at his 
 side, 
 
 " Storm'd at with shot and shell, 
 Boldly they rode, and well." 
 
 It was a gallant deed, and withal not a reckless exposure of life, for the presence 
 and calm demeanor of the commander as he passed through the lines of his men 
 set them an example which an hour later bore good fruit and nerved their stout 
 hearts to win the greatest and most decisive battle ever fought on this continent. 
 For an hour after the firing began our batteries replied vigorously and then ceased 
 altogether, but the rebel shells came by as numerous as ever. Then for over a Half 
 hour, not a soul was seen stirring on our line. We might have been an army of 
 dead men for all the evidence of life visible. Suddenly the enemy stopped their 
 fire, which had been going on for nearly two hours without intermission, and 
 then the long lines of their infantry — eighteen thousand strong — emerged from 
 the woods and began their advance. 
 
 "At this moment silence reigned along our whole line. With arms at a "right 
 shoulder shift," the division of Longstreet's corps moved forward with a preci- 
 sion that was wonderfully beautiful. It is now our turn, and the lines that a tew 
 moments before seemed so still now teemed with animation. Eighty of our guns 
 open their brazen mouths ; solid shot and shell are sent on their errand of de- 
 struction in quick succession. We see them fall in countless numbers among 
 the advancing troops. The accuracy of our fire could not be excelled; the mis- 
 siles strike right in the ranks, tearing and rending them in every direction. The 
 ground over which they have passed is strewn with dead and wounded. But 
 on they come. The gaps m the ranks are closed as soon as made. They have 
 three-quarters of a mile to pass exposed to our fire, and half the distance is nearly 
 passed, Our gunners now load with canister, and the effect is appalling; but 
 still they march on. Their gallantry is past all praise — it is sublime. Now they 
 are within a hundred yards. Our infantry rise up and pour round after round 
 into these heroic troops. 
 
 "At Waterloo the Old Guard recoiled before a less severe fire. But there was no 
 
LIFE OF WINNFIELD S. HANCOCK. 15 
 
 recoil in these men of the South— they marched right, on as though they courted 
 death. They concentrate in great numbers and strike on the most advanced 
 part of our line. The crash of the musketry and the cheers of the men blend 
 together. The Philadelphia brigade occupy this point. They are fighting on 
 their own ground and for their own state, and in the bloody hand-to-hand engage- 
 ment which ensues, the Confederates, though fighting with desperate valor, find 
 it impossible to dislodge them — they are rooted to the ground. Seeing how utterly 
 hopeless further effort would be, and knowing the impossibility of reaching their 
 lines should they attempt a retreat, large numbers of the rebels lay down their 
 arms, and the battle is won. To the left of the Philadelphia brigade we did 
 not get to such close quarters. Seeing the utter annihilation of Pickett's troops 
 the division of Wilcox and others on their right went to pieces almost before 
 they got within musket range. A few here and there ran away and tried to regain 
 their lines, but many laid down their arms and came in as prisoners. At the 
 most critical moment Hancock fell among his men, on the line of Stannard's Ver- 
 mont brigade, desperately wounded, but he continued to direct the fight until 
 victory was assured, and then he sent Major Mitchell to announce the glad tidings 
 to the commander of the army. Said he : " Tell General Meade that the troops 
 under my command have repulsed the assault of the enemy, who are now flying 
 in all directions in my front." " Say to General Hancock," said Meade, in reply, 
 ' ' I regret exceedingly that he is wounded, and I thank him for the country and 
 myself for the service he has rendered this day. " 
 
 That charge was the military culmination of the rebellion, and its defeat was 
 the turning point of the war for the Union. Hancock was formally thanked by 
 Meade, by Congress, by Pennsylvania, by Philadelphia ; a grateful people every- 
 where. And he well might be thanked, for it may be said that when he lay down 
 with his shattered thigh in the ambulance to be carried from that stricken field, he 
 had but then saved the army from disaster, and the country from dismemberment. 
 
 SPOTTSYLVANIA. 
 
 Having partially recovered from his Gettysburg wound Gen. Hancock was in 
 command of his corps through all the terrible battles of the Wilderness, and on 
 the 12th of May, 1864, he achieved the most brilliant as well as the most substan- 
 tial victory of the campaign. At eleven of that morning he assaulted the enemy's 
 works at Spottsylvania with the Second Corps, and carried them by storm, 
 capturing a major-general and a brigadier, four thousand prisoners, thirty stands 
 of colors and twenty pieces of artillery. 
 
 Williamsburg, Gettysburg, Spottsylvania ! These, in the brief outline presented 
 here, must suffice to show the character of Hancock's fighting. A perfect narra- 
 tive of his career, including accounts of his personal daring on the many fields 
 where he was engaged, would read more like tales of knightly emprise than like 
 the sober chronicles of modern warfare. , 
 
 It cannot be doubted that General Hancock might have received the command 
 of the Army of the Potomac at almost any time after the removal of McClellan. 
 In fact the President and Cabinet seriously contemplated the appointment, not- 
 withstanding Hancock's well-known democratic opinions. But he was a simple, 
 single-hearted soldier, having neither taste nor talent for political intrigue, or 
 indeed for intrigue of any description, and ever faithful to his comrades in the 
 field, he personally urged the retention of Gen. Meade. He remained with the 
 Army of the Potomac, participating conspicuously in all its engagements, until the 
 26th of Kovember , 1864, when he was ordered to Washington, and directed by 
 the President to enlist and organize a corps of veterans fifty thousand strong. He 
 
16 LIFE OF WINFIELD S. HANCOCK. 
 
 was relieved from this service before it was completed and placed in command of 
 the Middle Military Division, embracing the departments of "West Virginia^ 
 Pennsylvania and Washington, with headquarters at Winchester. This gave 
 him the army of the Shenandoah, numbering nearly a hundred thousand men, 
 and would have proved, had the war continued, a most important command, as it 
 was intended to be. But the sudden collapse of Lee's lines and the surrender at 
 Appomatox put an end to the struggle, and happily Hancock was never required 
 to lead his new army into battle. 
 
 As commander of this Military Division he was called to Washington after the 
 assassination of the President, where in obedience not only to official orders, but 
 a universal public sentiment, he remained on duty until the general apprehension 
 arising from that terrible event had been entirely allayed. With the execution 
 of the conspirators, tried and sentenced by a military commission, organized un- 
 der orders directly from the War Department, he had no immediate connection. 
 The President approved the findings, ordered the execution, and in the case of 
 Mrs. Surratt suspended the writ of habeas corpus issued by the civil magistrate. 
 Gen. Hancock did all that lay in his power to save that unfortunate woman from 
 the sudden and ignominious death to which she was hurried by his superiors, and 
 even placed a line of mounted men between the White House and the Arsenal to 
 convey the reprieve in case the President's mind should undergo a change at the 
 last moment. 
 
 In July, 1865, Gen. Hancock was transferred to the command of the Middle 
 Department, headquarters at Baltimore, and a year afterward, being then a full 
 major-general in the regular army, to the Department of Missouri, where he con- 
 ducted various campaigns against hostile Indians in Kansas, Colorado and the 
 Indian Territory. 
 
 LOUISIANA AND TEXAS. 
 
 And now Gen. Hancock entered upon a new field of duty, and won for himself 
 a still stronger title to the lasting gratitude of his countrymen. The states lately 
 in rebellion were at the mercy of the government at Washington, and the policy 
 of that government was founded in partisan rather than patriotic considerations. 
 They were treated as being outside of the Union, to which the war had been 
 waged to restore them, and they were subjected to the operation of a system of 
 laws and administration which, as Mr. Stevens, its principal author, confessed, 
 was "outside of the Constitution." They were cut up into military districts, 
 whose commanders were invested with absolute power, and were expected by 
 those in authority to exercise it with extreme vigor. It was a pure despotism, 
 erected over a large part of the Union, utterly unknown to our previous history, 
 and utterly repugnant to the whole spirit of our institutions. It was itself an in- 
 stitution imported from the old world to serve a party purpose. The people were 
 denied representation, state lines were ignored, state governments extinguished, 
 local institutions were permitted,to exist only by grace, and the rights of men 
 were held solely at the will of a single military officer, responsible not to any 
 civil power, not even to the President himself, but to the General of the Army, 
 whom for this purpose the radical Congress had invested with authority belong, 
 ing to the Chief Magistrate. The avowed object of this monstrous system was to 
 prevent the return of the seceded states to the Union until their political com. 
 plexion should be made acceptable to the leaders of the Republican party. To 
 this end the whites were largely disfranchised ; the blacks were enfranchised, and 
 the whole order of government and of society completely subverted. And all 
 this, although there was not an armed or a declared enemy to the Federal govern 
 ment anywhere within the limits of the United States! 
 
LIFE OF WINFIELD S. HANCOCK. l7 
 
 It was under such circumstances that Gen. Hancock was ordered to take com- 
 mand of the Fifth Military District, comprising the great states of Louisiana and 
 Texas. He found in them the peace of the United States as profound as it had 
 ever been since the defeat of the British by his forerunner and prototype, 
 Andrew Jackson. As to the states there was practically none whose peace could 
 be disturbed. There were disorders of a very serious nature, but they arose 
 mainly from the absence of civil government and the overthrow of civil institu- 
 tions. There was no authority, nor emblem of authority, but the naked sword of 
 the conqueror, and while it impended, promising only the execution of the unsta- 
 ble decrees of a distant and hostile faction, there might be for this people the or- 
 der of Poland and the peace of Ireland, but none other. It was a situation to try 
 not merely the moral character but the genius of the greatest man of affairs 
 that ever undertook the pacification of a troubled country. Here was a great and 
 a proud people at his feet, without government except that furnished by the force 
 at his command, and without laws except those supplied by his will, and behind 
 him an arrogant political directory, wielding the whole power of the United 
 States, and demanding that he should regard nothing but its partisan interests. 
 
 When Gen, Hancock took up the so-called Reconstruction laws, and examined 
 them with the remarkable acumen which he brought to bear to the resolution of 
 legal questions, he ascertained that while they empowered him to displace the 
 civil authorities they did not require him to do so. Holding as he did that no 
 officer, civil or military, had a right to transcend the Constitution, under any 
 circumstances, he yet saw that under these laws there were powers which might 
 properly be exercised, and he was quite willing to assume such as were not "out- 
 side " the Federal charter. In other words, he took up that which clearly be- 
 longed to him and left that which was as clearly forbidden. 
 
 - Accordingly, tlie first act of the new military ruler — whose disposition must 
 have been a subject of painful anxiety to the people he was sent to govern — was 
 to define the nature and extent of the powers he intended to assume. It was 
 done as follows, in "General Orders No. 40,'- a state paper now as famous as 
 any in the history of England or America : 
 
 GENERAL ORDER NO. 40. 
 
 1. In accordance with General Order No, 81, Headquarters of the Army, Ad- 
 jutant-General's Office, Washington, D, C, August 27, 1867, Major-General W. S. 
 Hancock hereby assumes command of the Fifth Military District and of the de- 
 partment composed of the States of Louisiana and Texas. 
 
 2. The General commanding is gratified to learn that peace and quiet reign in 
 this department. It will be his purpose to preserve this condition of things. As 
 a means to this great end he regards the maintenance of the civil authorities in 
 the faithful execution of the laws as the most efficient under existing circum- 
 stances. In war it is indispensable to repel force by force, and overthrow and 
 destroy opposition to lawful authority. But when insurrectionary force has been 
 overthrown and peace established, and the civil authorities are ready and willing 
 to perform their duties, the military power should cease to lead and the civil ad- 
 ministration resume its natural and rightful dominion. Solemnly impressed with 
 these views, the General announces that the great principles of American liberty 
 are still the lawful inheritance of this people, and ever should be. The right of 
 trial by jury, the habeas corpus, the liberty of the press, the freedom of speech, 
 the natural rights of persons and the rights of property must be preserved. Free 
 institutions, while they are essential to the prosperity and happiness of ihe peo- 
 ple, always furnish the strongest inducements to peace and order. Crimes and 
 
18 LIFE OF WINFIELD S. HANCOCK. 
 
 offenses committed in this district must be referred to the consideration and judg- 
 ment of the regular civil tribunals, and those tribunals will be supported in their 
 lawful jurisdiction. While the General thus indicates his purpose to respect the 
 liberties of the people, he wishes all to understand that armed insurrection or 
 forcible resistance to the law will be instantly suppressed by arms. 
 
 By command of Major-General W. S. HANCOCK. 
 
 General Hancock had struck out the true, indeed the only feasible, policy of 
 reconstruction in the few bold and pregnant sentences of this Order, and the 
 country instantly recognized the fact. When the document reached the Presi- 
 dent he embodied the universal sentiment of sober and considerate citizens in the 
 following special message to Congress : 
 
 PRESIDENT Johnson's message. 
 Oenilemen of the Senate and of tlie House of Representatives : 
 
 An official copy of the order issued by Major-General Winfield S. Hancock, 
 commander of the fifth military district, dated headquarters in New Orleans, 
 Louisiana, on the 29th day of November, has reached me through the regular 
 channels of the War Department, and I herewith communicate it to Congress for 
 such action as may seem to be proper in view of all the circumstances. 
 
 It will be perceived that General Hancock announces that he will make the law 
 the rule of his conduct ; that he will uphold the courts and other civil authorities 
 in the performance of their proper duties ; and that he will use his military 
 power only to preserve the peace and enforce the law. He declares very explicit- 
 ly that the sacred right of the trial by jury and the privilege of the writ of habeas 
 corpus shall not be crushed out or trodden under foot. He goes further, and, in 
 one comprehensive sentence, asserts that the principles of American liberty are 
 still the inheritance of this people, and ever should be. 
 
 When a great soldier with unrestricted power in his hands to oppress his fel- 
 low-men voluntarily foregoes the chance of gratifying his selfish ambition and 
 devotes himself to the duty of building up the liberties and strengthening the 
 laws of his country, he presents an example of the highest public virtue that 
 human nature is capable of practicing. The strongest claim of Washington to 
 be "first in war, first in peace, and first in the hearts of his countrymen," is 
 founded on the great fact that in all his illustrious career he scrupulously ab- 
 stained from violating the legal and constitutional rights of his fellow-citizens. 
 When he surrendered his commission to Congress, the President of that body 
 spoke his highest praise in saying that he had " always regarded the rights of the 
 civil authorities through all dangers and disasters. " Whenever power above the 
 law courted his acceptance, he calmly put the temptation aside. By such mag- 
 nanimous acts of forbearance he won the universal admiration of mankind and 
 left a name which has no rival in the history of the world. 
 
 I am far from saying that General Hancock is the only officer of the American 
 army who is infiuenced by the example of Washington. Doubtless thousands 
 of them are faithfully devoted to the principles for which the men of the Revo- 
 lution laid down their lives. But the distinguished honor belongs to him of be- 
 ing the first officer in high command south of the Potomac since the close of the 
 civil war who has given utterance to these noble sentiments in the form of a 
 military order. 
 
 I respectfully suggest to Congress that some public recognition of General 
 Hancock's patriotic conduct is due, if not to him, to the friends of law and jus- 
 tice throughout the country. Of such an act as his, at such a time, it is but fit 
 
LIFE OF WINFIELD S. HANCOCK. 19 
 
 that the dignity should be vindicated and the virtue proclaimed, so that its value 
 as an example ma}^ not be lost to the nation. 
 
 ANDREW JOHNSON. 
 Washington, D. C. , December 18, 1867. 
 
 In practice Gen. Hancock's novel plan virorked almost perfectly. " Free in- 
 stitutions, while they are essential to the prosperity and happiness of the people, 
 -always furnish the strongest inducements to peace and order. " No publicist ever 
 stated this cardinal truth in clearer language, and no statesman ever applied it 
 more wisely, or with more immediate and happy results. Finding a friend and 
 protector where they had expected an enemy and a persecutor, a scrupulous ser- 
 vant of the law, where they had looked for an unrestrained despot, the inhabit- 
 ants of Louisiana and Texas heartily resumed their allegiance, and went cheerfully 
 about the work of real and substantial reconstruction. The courts resumed their 
 regular procedure; the civil authorities maintained order; crimes of all descrip- 
 tions and degrees became less frequent; elections were peaceable and honest; the 
 jealousies of the two races, now that the neck of the one was no longer forcibly 
 held under the heel of the other, visibly declined, and the eve of genuine restora- 
 tion seemed actually at hand. When we reflect upon the long years of misrule 
 which this policy of Hancock's would have saved to the South; upon the untold 
 millions of money wasted by the licentious carpet-baggers, and upon the hideous 
 tortures inflicted by the cloud of vultures invited by the Republican party to flesh 
 their obscene beaks upon this prostrate people, after it was disapproved and re- 
 versed, we can form some faint conception of its real value. Had it been pur- 
 sued to its legitimate consequences, the work of a decade might have been com- 
 pleted in a year, and history would have had to record none of the oppressions, 
 plunderings, and stupendous election frauds— including the great fraud of 1876 — 
 "which burden the annals of carpet-bag and bayonet government. But while 
 -Gen. Hancock was restoring the states rapidly enough, he was restoring them 
 without the smallest regard to partisan political consequences, and the radical 
 directory at Washington, through the generals of the army, hampered and 
 humiliated him at every turn. The President, who appreciated his inestimable 
 services as they deserved, was unable to protect him from these blows in the 
 back, and Hancock was at length compelled to ask for his own recall. 
 
 LETTER TO GOVERNOR PEASE. 
 
 Meanwhile Gen. Hancock had written his celebrated letter to Gov. Pease. Long 
 as it is, it is here given in full, as illustrating his grasp of constitutional and legal 
 principles, his fine judicial temper, and his masterly style of argumentation: 
 
 Headquarters Fifth Military District, ) 
 New Orleans, La., March 9, 1868. \ 
 
 To His Excellency, E. M. Pease, Governor of Texas: 
 
 Sir: — Your communication of the 17th January last was received in due course 
 of mail (the 27th January), but not until it had been widely circulated by the 
 newspaper press. To such a letter — written and published for manifest purposes 
 — it has been my intention to reply as soon as leisure from more important busi- 
 ness would permit. 
 
 Your statement that the act of Congress " to provide for the more efficient gov- 
 ernment of the rebel states," declares that whatever government existed in Texas 
 was provisional; that peace and order should be enforced; that Texas should be 
 part of the Fifth Military District, and subject to military power; that the Presi- 
 dent should appoint an officer to command in said district, and detail a force to 
 protect the rights of person and property, suppress insurrection and violence, and 
 
20 ' LIFE OF WINFIELD S. HANCOCK. 
 
 punish offenders, either by military commission or through the action of local civil 
 tribunals, as in his judgment might seem best, will not be disputed. One need 
 only read the act to perceive it contains such provisions. But how all this is sup- 
 posed to have made it my duty to order the military commission requested, you 
 have entirely failed to show. The power to do a thing, if shown, and the propri- 
 ety of doing it, are often very different matters. You observe you are at a loss 
 to understand how a government, without representation in Congress, or a militia 
 force, and subject to military power, can be said to be in the full exercise of all 
 its proper powers. You do not reflect that this government, created or permitted 
 by Congress, has all the powers which the act intends, and may fully exercise 
 them accordingly. If you think it ought to have more powers, should be allowed 
 to send members to Congress, wield a militia force, and possess yet other powers, 
 your complaint is not to be preferred against me, but against Congress, who made 
 it what it is. 
 
 As respects the issue between us, any question as to what Congress ought to 
 have done has no pertinence. You admit the act of Congress authorizes me to 
 try an offender by military commission, or allow the local civil tribunals to try, 
 as I shall deem best; and you cannot deny the act expressly recognizes such local 
 civil tribunals as legal authorities for the purpose specified. When you contend 
 there are no legal local tribunals for any purpose in Texas , you must either deny 
 the plain reading of the act of Congress or the power of Congress to pass the 
 act. 
 
 You next remark that you dissent from my declaration, ' ' that the country 
 (Texas) is in a state of profound peace," and proceed to state the grounds of 
 your dissent. They appear to me not a little extraordinary. I quote your words : 
 " It is true there no longer exists here (Texas) any organized resistance to the 
 authority of the United States." " But a large majority of the white population 
 who participated in the late rebellion , are embittered against the government, 
 and yield to it an unwilling obedience." Nevertheless, you concede they do 
 yield it obedience. You proceed : 
 
 "None of this class have any affection for the government, and very few any 
 respect for it. They regard the legislation of Congress on the subject of recon- 
 struction as unconstitutional and hostile to their interests, and consider the gov- 
 ernment now existing here under authority of the United States as a usurpation 
 on their rights. They look on the emancipation of their late slaves and the dis- 
 franchisement of a portion of their own class, as an act of insult and oppression." 
 
 And this is all you have to present for proof that war and not peace prevails m 
 Texas; and hence it becomes my duty — so you suppose — to set aside the local 
 civil tribunals, and enforce the penal code against citizens by means of military 
 commissions. 
 
 My dear sir, I am not a lawyer, nor has it been my business, as it may have 
 been yours, to study the philosophy of statecraft and politics. But I may lay 
 claim, after an experience of more than half a lifetime, to some poor knowledge 
 of men, and some appreciation of what is necessary to social order and happi- 
 ness. And for the future of our common country, I could devoutly wish that no 
 great number of our people have yet fallen in with the views you appear to en- 
 tertain. Woe be to us whenever it shall come to pass that the power of the mag- 
 istrate—civil or military— is permitted to deal with the mere opinions or feelings 
 of the people. 
 
 I have been accustomed to believe that sentiments of respect or disrespect, 
 and feelings of affection, love or hatred, so long as not developed into acts in 
 
LIFE OF WINFIELD S. HANCOCK. 21 
 
 violation of law, were matters wholly beyond the punitory power of human 
 tribunals. 
 
 I will maintain that the entire freedom of thought and speech, however acri- 
 moniously indulged, is consistent with the noblest aspirations of man, and the 
 happiest condition of his race. 
 
 When a boy, I remember to have read a speech of Lord Chatham, delivered 
 in Parliament. It was during our Revolutionary War, and related to the policy 
 of employing the savages on the side of Britain. You may be more familiar with 
 the speech than I am. If I am not greatly mistaken, his lordship denounced the 
 British Government — his government — in terms of unmeasured bitterness. He 
 characterized its policy as revolting to every sentiment of humanity and 
 religion ; proclaimed it covered with disgrace, and vented his eternal 
 abhorrence of it and its measures. It may, I think, be safely asserted that 
 a majority of the British nation concurred in the views of Lord Chatham. 
 But who ever supposed that profound peace was not existing in that kingdom, or 
 that the government had any authority to question the absolute right of the op- 
 position to express their objections to the propriety of the king's measures in any 
 words, or to any extent they pleased ? It would be diflacult to show that the op- 
 ponents of the government in the days of the elder Adams, or Jefferson, or Jack- 
 son, exhibited for it either "affection" or "respect." You are conversant with 
 the history of our past parties and political struggles touching legislation on alien- 
 age, sedition, the embargo, national banks, our wars with England and Mexico, 
 and cannot be ignorant of the fact, that for one party to assert that a law or 
 system of legislation is unconstitutional, oppressive and usurpative, is not a 
 new thing in the United States. That the people of Texas consider acts of Con- 
 gress unconstitutional, oppressive, or insulting to them, is of no consequence to 
 the matter in hand. The President of the United States has announced his opin- 
 ion that these acts of Congress are unconstitutional. The Supreme Court, as 
 you are aware, not long ago decided unanimously that a certain military commis- 
 sion was unconstitutional. Our people everywhere, in every state, without refer- 
 ence to the side they took during the rebellion, differ as to the constitutionality of 
 these acts of Congress. How the matter really is, neither you nor I may dogmati- 
 cally affirm. 
 
 If you deem them constitutional laws, and beneficial to the country, you not 
 only have the right to publish your opinions, but it might be your bounden duty 
 as a citizen to do so. Not less is it the privilege and duty of any and every citi- 
 zen, wherever residing, to publish his opinion freely and fearlessly on this and 
 every question which he thinks concerns his interest. This is merely in accord- 
 ance with the principles of our free government ; and neither you nor I would 
 wish to live under any other. It is time now, at the end of almost two years 
 from the close of the war, we should begin to recollect what manner of people we 
 are ; to tolerate again free, popular discussion, and extend some forbearance and 
 consideration to opposing views. The maxims that in all intellectual contests 
 truth is mighty and must prevail, and that error is harmless when reason is left 
 free to combat it, are not only sound, but salutary. It is a poor compliment to 
 the merits of such a cause, that its advocates would silence opposition by force ; 
 and generally those only who are in the wrong would resort to this ungener- 
 ous means. I am confident you will not commit your serious judgment 
 to the proposition that any amount of discussion, or any sort of opinions, 
 however unwise in your judgment, or any assertion or feeling, how- 
 ever resentful or bitter, not resulting in a breach of law, can furnish 
 justification for your denial that profound peace exists in Texas. You 
 
22 LIFE OP WINFIELD S. HANCOCK. 
 
 might as well deny that profound peace exists in New York, Pennsylvania^ 
 Maryland, California, Ohio and Kentucky, where a majority of the people differ 
 with a minority on these questions ; or that profound peace exists in the House 
 of Representatives or the Senate at Washington, or in the Supreme Court, 
 where all these questions have been repeatedly discussed, and parties respectfully 
 and patiently heard. You next complain that in parts of the state (Texas) it is 
 difficult to enforce the criminal laws ; that sheriffs fail to arrest ; that grand 
 jurors will not always indict ; that in some cases the military acting in aid of the 
 civil authorities have not been able to execute the process of the courts ; that, 
 petit jurors have acquitted persons adjudged guilty by you ; and that other per- 
 sons charged with offences have broke jail and fled from persecution. I know 
 not how these things are ; but admitting your representations literally true, if 
 for such reasons I should set aside the local civil tribunals and order a military 
 commission, there is no place in the United States where it might not be done 
 with equal propriety. There is not a state in the Union — North or South — where 
 the like facts are not continually happening. Perfection is not to be predicted 
 of man or his works. No one can reasonably expect certain and absolute 
 justice in human transactions ; and if military power is to be set in motion, on 
 the principles for which you would seem to contend, I fear that a civil govern- 
 ment, regulated by laws, could have no abiding place beneath the circuit of the 
 sun. It is rather more than hinted in your letter, that there is no local state 
 government in Texas, and no local laws outside of the acts of Congress, which I 
 ought to respect ; and that I should undertake to protect the rights of persons and 
 property in my own way and in an arbitrary manner. If such be your meaning, 
 I am compelled to differ with you. After the abolition of slavery (an event 
 which I hope no one now regrets), the laws of Louisiana and Texas existing prior 
 to the rebellion and not in conflict with the acts of Congress, comprised a vast 
 system of jurisprudence, both civil and criminal. It required not volumes only, 
 but libraries to contain them. They laid down principles and precedents for 
 ascertaining the rights and adjusting the controversies of men in every conceiv- 
 able case. They were the creations of great and good and learned men, who had 
 labored, in their day, for their kind, and gone down to the grave long before our 
 recent troubles, leaving their works an inestimable legacy to the human race. 
 These laws, as I am informed, connected the civilization of past and present ages, 
 and testified of the justice, wisdom, humanity and patriotism of more than one 
 nation, through whose records they descended to the present people of the states. 
 I am satisfied,!" rom the representations of persons competent to judge, they are as per- 
 fect a system of laws as may be found elsewhere, and better suited than any other to 
 the condition of this people, for by them they have long been governed. Why should 
 it be supposed Congress has abolished these laws ? Why should any one wish 
 to abolish them ? They have committed no treason, nor are hostile to the United 
 States, nor countenance crime, nor favor injustice. On them, as on a foundation 
 of rock, reposes almost the entire superstructure of social order in these two 
 States. Annul this code of local laws, and there would be no longer any rights, 
 either of person or property, here. Abolish the local civil tribunals made to 
 execute them, and you would virtually annul the laws, except in reference to the 
 very few cases cognizable in the Federal courts. Let us for a moment suppose 
 the whole local civil code annulled, and that I am left, as commander of the Fifth 
 Military District, the sole fountain of law and justice. This is the position in 
 which you would place me. 
 
 I am now to protect all rights and redress all wrongs. How is it possible for 
 me to do it ? Innumerable questions arise, of which I am not only ignorant,, 
 
LIFE OF WINFIELD S. HANCOCK. 23 
 
 but to the solution of which a military court is entirely unfitted. One would 
 establish a will, another a. deed ; or the question is one of succession, or partner- 
 ship, or descent, or trust ; a suit of ejectment or claim to chattels ; or the appli- 
 cation may relate to robbery, theft, arson, or murder. How am I to take the 
 first step in any such matter ? If I turn to the acts of Congress I find nothing 
 on the subject. I dare not open the authors on the local code, for it has ceased 
 to exist ! 
 
 And you tell me that in this perplexing condition I am to furnish by dint of 
 my own hasty and crude judgment, the legislation demanded by the vast and 
 manifold interests of the people ! I repeat, sir, that you, and not Congress, are 
 responsible for the monstrous suggestion that there are no local laws or institu- 
 tions here to be respected by me, outside the acts of Congress. I say unhesitat- 
 ingly, if it were possible that Congress should pass an act abolishing the local 
 codes for Louisiana and Texas — which I do not believe — and it should fall to my 
 lot to supply their places with something of my own, I do not see how I could do 
 better than follow the laws in force here prior to the rebellion, excepting what- 
 ever therein shall relate to slavery. Power may destroy the forms, but not the 
 principles of justice ; these will live in spite even of the sword. History tells us 
 that the Roman pandects were lost for a long period among the rubbish that war 
 and revolution had heaped upon them, but at length were dug out of the ruins — 
 again to be regarded as a precious treasure. 
 
 You are pleased to state that " since the publication of (my) General Orders No. 
 40, there has been a perceptible increase of crime and manifestations of hostile 
 feeling toward the government and its supporters," and add that it is "an un- 
 pleasant duty to give such a recital of the condition of the country." 
 
 You will permit me to say that I deem it impossible the first of these state- 
 ments can be true, and that I do very greatly doubt the correctness of the sec- 
 ond. General Orders No. 40 was issued at New Orleans, November 29, 1867, and 
 your letter was dated January 17, 1868. Allowing time for Order No. 40 to reach 
 Texas and become generally known, some additional time must have elapsed 
 before its effect would be manifested, and yet a further time must transpire be- 
 fore you would be able to collect the evidence of what you term " the condition 
 of the country ;" and yet, after all this, you would have to make the necessary 
 in (^estigations to ascertain if Order No. 40 or something else was the cause. The 
 time, therefore, remaining to enable you, before the 17th of January, 1868, to 
 reach a satisfactory conclusion on so delicate and nice a question must have been 
 very short. How you proceeded, whether you investigated yourself or through 
 third persons, and if so, who they were, what their competency and fairness, on 
 what evidence you rested your conclusion, or whether you ascertained any facts 
 at all, are points upon which your letter so discreetly omits all mention, that I 
 may well be excused for not relying implicitly upon it ; nor is my difficulty di- 
 minished by the fact that in another part of your letter you state that ever since 
 the close of the war a very large portion of the people have had no affection for 
 the government, but bitterness of feeling only. Had the duty of publishing and 
 circulating through the country long before it reached me, your statement that 
 the action of the district commander was increasing crime and hostile feeling 
 against the government, been less painful to your sensibilities, it might possibly 
 have occurred to you to furnish something on the subject in addition to your 
 bare assertion. 
 
 But what was Order No. 40, and how could it have the effect you attribute 
 to it ? It sets forth that " the great principles of American liberty are still the 
 inheritance of this people and ever should be ; that the right of trial by jury, the 
 
24 LIFE OF WINFIELD S. HANCOCK. 
 
 habeas corpus, the liberty of the press, the freedom of speech, and the natural 
 rights of persons and property must be preserved. " Will you question the truth 
 of these declarations ? Which one of these great principles of liberty are you 
 ready to deny and repudiate? Whoever does so, avows himself the enemy of 
 human liberty and the advocate of despotism. Was there any intimation in Gen- 
 eral Orders No. 40 that any crimes or breaches of law would be countenanced ? 
 You know that there was not. On the contrary, you know perfectly well that 
 while " the consideration of crime and offences committed in the Fifth Military 
 District was referred to the judgment of the regular civil tribunals," a pledge was 
 given in Order No. 40, which all understood, that tribunals would be supported 
 in their lawful jurisdiction, and that "forcible resistance to law would be in- 
 stantly suppressed by arms. " You will not affirm that this pledge has ever been 
 forfeited. There has not been a moment since I have been in command of the 
 Fifth District when the whole military force in my hands has not been ready to 
 support the civil authorities of Texas in the execution of the laws. And I am 
 unwilling to believe they would refuse to call for aid if they needed it. 
 
 There are some considerations which, ^it seems to me, should cause you to 
 hesitate before indulging in wholesale censure against the civil authorities of 
 Texas. You are yourself the chief of these authorities, not elected by the people, 
 but created by the military. Not long after you had thus come into office, all 
 the judges of the Supreme Court of Texas — five in number — were removed from 
 office, and new appointments made ; twelve of the seventeen district judges were 
 removed, and others appointed. County officers, more or less, in iseventy-five 
 out of one hundred and twenty eight counties, were removed, and others ap- 
 pointed in their places. It is fair to conclude that the executive and judicial 
 civil f anctionaries in Texas are the persons whom you desired to fill the offices. 
 It is proper to mention, also, that none but registered citizens, and only those 
 who could take the test oath, have been allowed to serve as j urors during your 
 administration. Now, it is against this local government created by military 
 power prior to my coming here, and so composed of your personal and political 
 friends, that you have preferred the most grievous complaints. It is of them that 
 you have asserted they will not do their duty; they will not maintain justice; 
 will not arrest offenders; will not punish crimes; and that out of one hundred 
 homicides committed in the last twelve months, not over ten arrests have been 
 made; and by means of such gross disregard of duty, you declare that neither 
 property nor life is safe in Texas. 
 
 Certainly you could have said nothing more to the discredit of the officials who 
 are now in office. If the facts be as you allege, a mystery is presented for which 
 I can imagine no explanation. Why is it that your political friends, backed up 
 and sustained by the whole military power of the United States in this district, 
 should be unwilling to enforce the laws against that part of the population lately 
 in rebellion, and whom you represent as the offenders ? In all the history of 
 these troubles I have never seen nor heard before of such a fact. I repeat, if the 
 fact be so, it is a profound mystery, utterly surpassing my comprehension. I am 
 constrained to declare that I believe you are in very great error as to facts. On 
 careful examination at the proper source, 1 find that at the date of your letter 
 four cases only of homicides had been reported to these headquarters as having 
 occurred since November 29, 1867, the date of Order 40, and these cases were 
 ordered to be tried or investigated as soon as the reports were received. How- 
 ever, the fact of the one hundred homicides may still be correct, as stated by 
 you. The Freedman's Bureau in Texas reported one hundred and sixty ; how 
 
LIFE OF WINFIELD S. HANCOCK. 25 
 
 many of these were by Indians and Mexicans, and how the remainder were clas- 
 sified, is not known, nor is it known whether these data are accurate. 
 
 The report of the commanding oflScer of the District of Texas shows that since 
 I assumed command no applications have been made to him by you for the arrest 
 of criminals in the State of Texas. 
 
 To this date eighteen cases of homicides have been reported to me as having 
 occurred since November 29, 1867, although special instructions had been given 
 to report such cases as they occur. Of these, five were committed by Indians, 
 one by a Mexican, one by an insane man, three by colored men, two of women 
 by their husbands, and of the remainder some by parties unknown— all of which 
 could be scarcely attributable to Order No. 40. If the reports received since the 
 issuing of Order No. 40 are correct, they exhibit no increase of homicides in my 
 time, if you are correct that one hundred had occurred in the past twelve 
 months. 
 
 That there has not been a perfect administration of justice in Texas I am not 
 prepared to deny. 
 
 That there has been no such wanton disregard of duty on the part of officials as 
 you allege, I am well satisfied. A very little while ago you regarded the present 
 ofBcials in Texas the only ones who could be safely trusted with power. Now 
 you pronounce them worthless, and would cast them aside. 
 
 I have found little else in your letter but indications of temper, lashed into 
 excitement by causes which I deem mostly imaginary, a great confidence in the 
 accuracy of your own opinions, and an intolerance of the opinions of others, a 
 desire to punish the thoughts and feelings of those who differ from you, and an 
 impatience which magnifies the shortcomings of officials who are perhaps as 
 earnest and conscientious in the discharge of their duties as yourself, and a most 
 unsound conclusion that while any persons are to be found wanting in affection 
 or respect for government, or yielding its obedience from motives which you do 
 not approve, war, and not peace, is the status, and all such persons are the proper 
 subjects for military penal jurisdiction. 
 
 If I have written anything to disabuse your mind of so grave an error, I shall 
 be gratified. 
 
 I am, sir, very respectfully, your obedient servant, 
 
 W. S. HANCOCK, "^ 
 
 Major-General Commanding. 
 
 It may be remarked in passing that about this time a bill was introduced in the 
 House of Representatives to reduce the number of major-generals in the army, 
 the object being to reach Gen. Hancock, and wreak upon him a paltry ven- 
 geance for his manly and independent conduct. It came originally from the 
 hands of James A. Garfield, a member from Ohio, who had left the army in the 
 field to accept his seat, and who, cowering under the party lash of Mr. Stevens, 
 had been voting undistinguished in the crowd of reckless partisans, for all the 
 reconstruction laws "outside the Constitution." 
 
 Gen. Hancock retired from the command of the Fifth Military District with 
 an assured reputation for enlightened statesmanship of the highest order. He 
 was never again called upon to deal with civil affairs, nearly or remotely, until 
 December, 1875. During all that year, it will be remembered, Mr. Bristow, Sec- 
 retary of the Treasury, had been endeavoring, by methods, ordinary and extra- 
 ordinary, to break up the Whiskey Ring which had been robbing the govern- 
 ment of vast sums, and to bring some of its guilty members to justice. Among 
 others. Gen. Babcock, the near personal friend and private Secretary of Presi- 
 dent Grant, was accused of complicity in the frauds and duly indicted 
 
26 LIFE OF WINFIELD S. HANCOCK. 
 
 at St. Louis. Then began one of the most remarkable contests ever seen. 
 The President seemed fatally bent upon protecting Babcock at any 
 cost. The Attorney-General was equally determined. On the other hand, the 
 District Attorney at St. Louis was thoroughly convinced of his guilt and anx- 
 ious to bring him to trial. How could the favorite be dragged out of the very 
 jaws of justice which then stood open to crush him ? He was an officer in the 
 army, and if the President could be induced to order a court of inquiry, the evi- 
 dence might be taken from the prosecutor at St. Louis and turned over to the 
 Judge Advocate, then again conveniently superseding the civil law by the mili- 
 tary authorities. Babcock asked for the court and it was ordered. Things 
 might have gone very smoothly and reached a conclusion in accordance with the 
 original intention but for the fact that Gen. Hancock was a member. It was im. 
 possible to befog his clear understanding as to the proper relations of the mili- 
 tary either to the crime or the accused, and the following is the brief record of 
 the first and the last meeting of the court: 
 
 SPEECH AND MOTION IN BABCOCK CASE. 
 
 Gen. "W. 8. Hancock arose in his place and addressing the Court, said: 
 
 Mr. President: I have a motion to make to the Court which will be proper 
 to be made before the Court is sworn, if it be made at all. If the Court are pre- 
 pared to hear me, I will proceed at once. 
 
 Lieut. -Gen. Sheridan: Proceed, General; the Court will hear you. 
 
 Gen. Hancock then read the following motion: "A sense of duty to the laws, to 
 the military service, and to the accused impels me to ask your concurrence in a 
 postponement of this inquiry for the present. We are all bound to believe in the 
 entire innocence of Gen. Babcock, and this presumption cannot be repelled with- 
 out the evidence. It is due to him to suppose that the court of inquiry was asked 
 in good fhith for the reasons given. What were these reasons? In the course of 
 a legal trial in St. Louis, Col. Babcock was alleged to be guilty of a high crimi- 
 nal offense. He asked for a hearing in the same Court, but was informed that 
 he could not have it, because the evidence was closed. These circumstances had 
 led him to demand a court of inquiry, as the only means of vindication that was 
 left. Since then he has been formally indicted, and is now certain of getting 
 that full and fair trial before an impartial jury which the laws of the country 
 guarantee to all its citizens. The supposed necessity of convening a military 
 court for the determination of his guilt or innocence no longer exists. It is not 
 believed that our action as a military tribunal can oust the jurisdiction of the 
 Court in which the indictment is pending. The President has said through the 
 Attorney-General, that such was not the intention. Then the trial at St. Louis 
 and this inquiry must go on at the same time, unless we await the result of the 
 inquiry there. 
 
 "The difficulties are very formidable. The accused must be present at the trial 
 of the indictment. Shall we proceed and hear the cause behind his back, or 
 shall we vex him with two trials at once? The injustice of this is manifest. 
 
 "I presume from the nature of the case that the evidence is very voluminous, 
 consisting of records, papers and oral testimony. Can we compel the production 
 of these while they are wanted for the purposes of the trial at St. Louis? Cer- 
 tainly not, if the military be, as the Constitution declares, subordinate to the 
 civil authorities. Shall we proceed without evidence and give an opinion in ig- 
 norance of the facts? That cannot be the wish of anybody. I take it for granted 
 that the trial at St. Louis will be fair as well as legal, and that the judgment will 
 
LIFE OF WINFIELD S. HANCOCK. 27 
 
 be according to the very truth and justice of the cause. It will, without ques- 
 tion, be binding and conclusive upon us, upon the government, upon the ac- 
 cused and upon the world. If he should be convicted, no decision of ours could 
 rescue him from the hands of the law. If he is acquitted, our belief in his inno- 
 cence will be of no consequence. If we anticipate the trial in the civil court, 
 our judgment, whether for the accused or against him, will have, and ought to 
 have, no effect upon the jurors. It cannot even be made known to them, and 
 any attempt to influence them by it would justly be regarded as an obstructioa 
 of public justice. On the other hand, his conviction there would be conclusive 
 evidence of his guilt, and his acquittal will relieve him of the necessity of 
 showing anything but the record. I do [not propose to postpone indefi- 
 nitely, but simply to adjourn from day to day until the evidence upon 
 the subject of our inquiry shall receive that definite and conclu- 
 sive shape which will be impressed upon it by the verdict of the jury;^ 
 or until our action, having been referred to the War Department, with 
 our opinion that our proceedings should be stayed during the proceedings of the 
 court of law, shall have been confirmed. In case of acquittal by the civil court, 
 the functions of this court will not necessarily have terminated. The accused 
 may be pronounced innocent of any crime against the statute, and yet be guilty 
 of some act which the military law might punish by expulsion from the army. 
 In case of acquittal, he may insist upon showing to us that he has done nothing- 
 inconsistent with "the conduct of an oflicer and a gentleman," as the article of 
 war runs ; but the great and important question is, " Guilty or not, in manner 
 and form, as he stands indicted ? " and this can be legally answered only by a 
 jury of his country." 
 
 ADDRESS AT WASHINGTON OVATION. 
 
 On September 34, 1867, while Gen. Hancock was on his way to New Orleans 
 to take command there, a grand ovation was tendered him at the Metropolitan 
 Hotel in Washington city. The National Intelligencer of the next da}'-, speaking 
 of the ovation, said: "When considered that it was a spontaneous offering of 
 the citizens of the District, it may be regarded as a triumphant recognition of the 
 noble character of the citizen and soldier who was the recipient of the honor paid 
 him on this occasion." 
 
 An immense audience was assembled, and Gen. Hancock was introduced by 
 Hon. Amasa Cobb, of Wisconsin, then a Republican member of Congress, and 
 now a Republican judge of the Supreme Court of Nebraska. Gen. Cobb said : 
 
 " To me has been intrusted the pleasant duty of appearing before you in the ca- 
 pacity of an old friend and comrade of the cistinguished general now before you, 
 to introduce him to you on this occasion. Six years ago I had the honor to be in 
 command of a volunteer regiment in the Anny of the Potomac, and, with three 
 other regiments, had the good fortune to be placed under the command of the 
 then newly appointed Brig. Gen. Hancock. During the long and tedious winler 
 of 1861 and 1862, we did duty in front of this capital, devoting the days to disci, 
 pline and the nights to watching and picket. We were volunteers. The general 
 was a regular army officer. All of you who passed through similar experience 
 will bear me witness that the volunteers felt the rigors of discipline when placed 
 under such disciplinarians as that army was commanded by, and its discipline 
 and after efficiency was owing chiefly, if not wholly, to this fact. The winter 
 passed away, and the army finally moved, and in the course of the war they were 
 brought in front of the enemy. Gen. Hancock's first brigade succeeded in turn, 
 ing the enemy's left at Williamsbu -g, and afterwards he prevented the victorious 
 
28 LIFE OF WINFIELD S. HANCOCK. 
 
 enemy from driving tlie lines of McClellan from the Chickahominy, and later on 
 it came up to save the day at Antietam, and now I esteem it a great honor be- 
 stowed upon me and my old regiment to have the opportunity of standing here 
 by that great general's side, bearing testimony to his kindness of heart, his gal- 
 lantry as a soldier and his trueness as a man." 
 
 The speaker here turned to Gen. Hancock and said: 
 
 " Allow me to say that to your new field of duty the hearts of your old brigade 
 go with you, knowing that wherever you may go the country will have a brave 
 and efficient soldier, and that flag a gallant defender." 
 
 Gen. Hancock was received with much applause, and replied as follows : 
 
 " Citizens of Washington: I thank you for this testimony of your confidence in 
 my ability to perform my duty in a new and different sphere. Educated as a sol- 
 dier in the military school of our country, and on the field of the Mexican war 
 and American rebellion, I need not assure you that my course as a district com- 
 mander will be characterized by the same strict obedience to the law there taught 
 me as a soldier. 1 know no other guide or higher duty. Misrepresentation and 
 misconstruction arising from the passions of the hour, and spread by those who 
 do not know that devotion to duty has governed my actions in every trying hour, 
 may meet me, but I fear them not. My highest desire will be to perform the 
 duties of my new sphere, not in the interest of parties or partisans, but for the 
 benefit of my country, the honor of my profession, and I trust also for the welfare 
 of the people committed to my care. I ask, then, citizens, that time may be per- 
 mitted to develop my actions. Judge me by the deeds I may perform, and con- 
 scious of my devotion to duty and my country, I shall be satisfied with your ver- 
 dict, and if a generous country shall approve my actions in the future, as it has 
 in the past, my highest ambition will have been achieved. As a soldier, I am to 
 administer the laws, rather than discuss them. If I can administer them to the 
 satisfaction of my country, I shall indeed be happy in the consciousness of a duty 
 performed. I am about to leave your city — the capital of our country — bearing 
 the proud name of Washington. As an American citizen, the rapid development 
 and increase of its wealth, beauty and prosperity is a matter in which I am deeply 
 interested i but far beyond this, citizens of Washington, I rejoice with you that, 
 in the trying hour of the rebellion, the capital of the nation contributed as fully 
 in proportion to its numbers as any state in the Union to the brave volunteer 
 army which has demonstrated to the world the strength and invincibility of a 
 republican form of government. I shall carry with me the recollections of this 
 occasion, and when I return, may I not hope that none who are here will regret 
 their participation in the honor you have done me to-night ?" 
 
 Since 1868 Gen. Hancock has been in command of the Department of Dakota 
 and the Military Division of the Atlantic ; but his pre-eminent qualifications 
 for the Presidency have from that time to this been widely recognized by his 
 countrymen ; and although himself seeking no such distinction, and promoting 
 no steps in that direction, his name has commanded a large vote in every suc- 
 ceeding Democratic convention, until, by the last, he was unanimously nomi- 
 nated for that great oflBice. 
 
HANCOCK TO SHERMAN. 29 
 
 HANCOCK TO SHERMAN. 
 
 Congress met on December 4th, 1876. The results of the returning board's 
 frauds in Louisiana, South Carolina and Florida, were then known throughout the 
 country. A large number of troops were concentrated at Washington, and there 
 was much apprehension that the army would be called upon to take part in the set- 
 tlement of the presidential contest. General Sherman, commanding the army of 
 the United States, consulted with his immediate subordinates as to their views of 
 their duty under these circumstances. He wrote to General Hancock two letters, 
 one on the 4th of December, 1876, and the other on the 17th of the same month. 
 General Hancock replied to these letters on December 28th, from Carondelet, 
 near St. Louis, Missouri. 
 
 After Hancock's nomination for the presidency, the Republican press circulated 
 a story that between the presidential election of 1876, and the establishment of 
 the Electoral Commission, General Hancock, had written a letter to General Sher- 
 man, declaring his intention " to take his orders from Mr. Tilden," and express- 
 ing treasonable sentiments. The statements of Republican newspapers were not 
 refuted for some time for the reason that General Sherman was absent in the far 
 West, and the letter could not with propriety be published without his consent. 
 That consent was given at the end of July last, and the letter was first published 
 on the 1st of August. Its publication has not only absolutely refuted the false- 
 hoods which had been circulated in relation to it, but has resulted in making 
 plain to the world General Hancock's profound statesmanship and his pre- 
 eminent fitness for the office of President of the United States. 
 
 GENERAL HANCOCK TO GENERAL SHERMAN. 
 
 Carondelet P. C, > 
 
 St. Louis, Mo., December 28, 1876. y 
 
 My Bear Oeneral : Your favor of the 4th instant reached me in New York 
 on the 5th, the day before I left for the West. I intended to reply to it before 
 leaving, but cares incident to departure interfered. Then again, since my arrival 
 here I have been so occupied with personal affairs of a business nature that I have 
 deferred writing from day to day until this moment, and now I find myself in 
 debt to you another letter in acknowledgment of your favor of the 17th, received 
 a few days since. 
 
 I have concluded to leave here on the 29th (to-morrow) P. M., so that I may be 
 expected in New York on the 31st instant. It has been cold and dreary since my 
 arrival here. I have worked " like a Turk " (I presume that means hard work 
 in the country, in making fences, cutting down trees, repairing buildings, &c., 
 &c., and am at least able to say that St. Louis is the coldest place in the winter, 
 as it is the hottest in summer, of any that I have encountered in a temperate 
 zone. I have known St. Louis in December to have genial weather throughout 
 
so HANCOCK TO SHERMAN. 
 
 the month ; this December has been frigid, and the river has been frozen more 
 solid than I have ever known it. 
 
 When I heard the rumor that I was ordered to the Pacific coast I thought it 
 probably true, considering the past discussion on that subject. The possibilities 
 seemed to me to point that way. Had it been true I should, of course, have pre- 
 sented no complaint nor made resistance of any kind. I would have gone quietly 
 if not prepared to go promptly. I certainly would have been relieved from the 
 responsibilities and anxieties concerning Presidential matters which may fall to 
 those near the throne or in authority within the next four months, as well as from 
 other incidents or matters which 1 could not control, and the action concerning 
 which I might not approve. I was not exactly prepared to go to the Pacific, 
 iiowever, and I therefore felt relieved when I received your note informing me 
 that there was no truth in the rumors. 
 
 Then, I did not wish to appear to be escaping from responsibilities and possible 
 dangers which may cluster around military commanders in the East, especially 
 in the critical period fast approaching. All's well that ends well. The whole 
 matter of the Presidency seems to me to be simple, and to admit of a peaceful 
 solution. The machinery for such a contingency as threatens to present itself 
 has been all carefully prepared. It only requires lubrication, owing to dis- 
 use. The army should have nothing to do with the selection or inauguration of 
 Presidents. The people elect the President. The Congress declares in a joint 
 session who he is. We of the army have only to obey his mandates, and are 
 protected in so doing only so far as they may be lawful. Our commissions ex- 
 press that. I like Jefferson's way of inauguration ; it suits our system. He rode 
 alone on horseback to the Capitol (I fear it was the "Old Capitol"), tied his 
 horse to a rail fence, entered and was duly sworn, then rode to the Executive 
 Mansion and took possession. He inaugurated himself, simply by taking the 
 oath of office. There is no other legal inauguration in our system. The people 
 or politicians may institute parades in honor of the event, and public officials may 
 add to the pageant by assembling troops and banners, but all that only comes 
 properly after the inauguration — not before , and it is not a part of it. Our system 
 does not provide that one President should inaugurate another. There might be 
 danger in that, and it was studiously left out of the charter. But you are placed 
 in an exceptionally important position in connection with coming events. The 
 capital is in my jurisdictioa also, but I am a subordinate, and not on the spot, 
 and if I were, so also would be my superior in authority, for there is the station 
 of the General-in-Chief. 
 
 On the principle that a regularly elected President's term of office expires with 
 the 3d of March (of which I have not the slightest doubt), and which the laws 
 bearing on the subject uniformly recognize, and in consideration of the possibility 
 that the lawfully elected President may not appear until the 5th of March, a great 
 deal of responsibility may necessarily fall upon you. You hold over ! You will 
 have power and prestige to support you. The Secretary of War, too, probably, 
 holds over; but if no President appears, he may not be able to exercise functions 
 in the name of a President, for his proper acts are those of a known superior — a 
 lawful President. You act on your own responsibility and by virtue of a com- 
 mission, only restricted by the law. The Secretary of War is the mouthpiece of 
 a President. You are not. If neither candidate has a constitutional majority of 
 the Electoral College, or the Senate and House on the occasion of the count do not 
 unite in declaring some person legally elected by the people, there is a lawful ma- 
 chinery already proyided to meet that contingency and decide the question peace- 
 
HAN'COCK TO SHERMAN. 31 
 
 fully. It has not been recently used, no occasion presenting itself, but our fore- 
 fathers provided it. It has been exercised, and has been recognized and submitted 
 to as lawful on every hand. That machinery would probably elect Mr. Tilden 
 President and Mr. Wheeler Vice-President. That would be right enough, for the 
 law provides that in a failure to elect duly by the people, the House shall immediately 
 elect the President and the Senate the Vice-President. Some tribunal must de- 
 cide whether the people have duly elected a President. I presume, of course, 
 that it is in the joint affirmative action of the Senate and House, or why are they 
 present to witness the count if not to see that it is fair and just ? If a failure to 
 agree arises between the two bodies, there can be no lawful affirmative decision 
 that the people have elected a President, and the House must then proceed 
 to act, not the Senate. The Senate elects Vice-Presidents, not Presidents. 
 Doubtless in case of a failure by the House to elect a President by the 4th of 
 March, the President of the Senate (if there be one) would be the legitimate per- 
 son to exercise presidential authority for the time being, or until the appearance 
 of a lawful Presid3nt, or for the time laid down in the Constitution. Such 
 courses would be peaceful, and, I have a firm belief, lawful. 
 
 I have no doubt Governor Hayes would make an excellent President. I 
 have met him and know of him. For a brief period he served under my com- 
 mand, but as the matter stands I can't see any likelihood of his being duly de- 
 clared elected by the people unless the Senate and House come to be in accord 
 as to that fact, and the House would of course not otherwise elect him. What 
 the people want is a peaceful determination of this matter, as fair a determina- 
 tion as possible, and a lawful one. No other Administration could stand the 
 test. The country if not plunged into revolution would become poorer day by 
 day, business would languish, and our bonds would come home to find a depre- 
 ciated market. 
 
 I was ftot in favor of the military action in South Carolina recently, and if 
 General Ruger had telegraphed to me or asked for advice I would have advised him 
 not under any circumstances to allow himself or his troops to determine who 
 were the lawful members of a State Legislature. I could not have given him bet- 
 ter advice than to refer him. to the special message of the President in the case of 
 Louisiana some time before. 
 
 But in South Carolina he had had the question settled by a decision of the Su- 
 preme Court of the State — the highest tribunal which had acted on the question — 
 ■SO that his line of duty seemed even to be clearer than the action in the Louisiana 
 case. If the Federal court had interfered and overruled the decision of the State 
 court there might have been a doubt certainly, but the Federal court only inter- 
 fered to complicate — not to decide or overrule. 
 
 Anyhow it is no business of the army to enter upon such questions, and even if 
 it might be so in any event, if the civil authority is supreme, as the Constitution 
 declares it to be, the South Carolina case was one in which the army had a plain 
 duty. 
 
 Had General Ruger asked me for advice, and if I had given it, I should of 
 course have notified you of my action immediately, so that it could have been 
 promptly overruled if it should have been deemed advisable by you or other su- 
 perior in authority. General Ruger did not ask for my advice, and I inferred 
 from that and other facts that he did not desire it, or that, being in direct com- 
 munication with my military superiors at the seat of Government, who were 
 nearer to him in time and distance than I was, he deemed it unnecessary. As 
 General Ruger had the ultimate responsibility of action and had really the greater 
 
32 HANCOCK TO SHERMAN. 
 
 danger to confront in the final action in the matter, I did not venture to embar- 
 rass him by suggestions. He was a department commander, and the lawful head 
 of the military administration within the limits of the department; but besides 
 I knew that he had been called to Washington for consultation before taking 
 command, and was probably aware of the views of the administration as to civil 
 affairs in his command. I knew that he was in direct communication with my 
 superiors in authority in reference to the delicate subjects presented for his con- 
 sideration, or had ideas of his own which he believed to be sufficiently in accord 
 with the views of our common superiors to enable him to act intelligently accord- 
 ing to his judgment, and without suggestions from those not on the spot and not 
 as fully acquainted with the facts as himself. He desired, too, to be free to act, 
 as he had the eventual greater responsibility, and so the matter was governed as 
 between him and myself. 
 
 As I have been writing thus freely to you, I may still further unbosom myself 
 by stating that I have not thought it lawful or wise to use Federal troops in such 
 matters as have transpired east of the Mississippi within the last few months, 
 save so far as they may be brought into action under the article of the Constitu- 
 tion which contemplates meeting armed resistance or invasion of a state more 
 powerful than the state authorities can subdue by the ordinary processes, and 
 then only when requested by the legislature, or, if it could not be convened in 
 season, by the Governor ; and when the President of the United States intervenes 
 in that manner it is a state of war, not peace. 
 
 The army is laboring under disadvantages and has been used unlawfully at 
 times in the judgment of the people (in mine certainly), and we have lost a great 
 deal of the kindly feeling which the community at large once felt for us. " It is 
 time to stop and unload." 
 
 Officers in command of troops often find it difficult to act wisely and safely 
 when superiors in authority have different views of the law from theirs, and 
 when legislation has sanctioned action seemingly in conflict with the fundamen- 
 tal law, and they generally defer to the known judgment of their superiors. 
 Yet the superior officers of the army are so regarded in such great crises and are 
 held to such responsibility, especially those at or near the head of it, that it is ne- 
 cessary on such momentous occasions to dare to determine for themselves what is 
 lawful and what is not lawful under our system, if the military authorities should 
 be invoked, as might possibly be the case in such exceptional times when there 
 existed such divergent views as to the correct result. The army will suffer from 
 its past action if it has acted wrongfully. Our regular army has little hold upon 
 the affections of the people of to-day, and its superior officers should certainly, 
 as far as lies in their power, legally and with righteous intent aim to defend the 
 right, which to us is the law, and the institution which they represent. It is a 
 well-meaning institution, and it would be well if it should have an opportunity 
 to be recognized as a bulwark in support of the rights of the people and of the 
 LAW. I am truly yours, 
 
 WINFIELD S. HANCOCK. 
 To General W. T. Sherman, commanding Army of the United States, Wash- 
 ington, D. C. 
 
LIFE OF WILLIAM H. ENGLISH. 33 
 
 LIFE OF WILLIAM H. ENGLISH. 
 
 In the cemetery of the thriving but rather quiet town of Carrollton, the county 
 seat of Greene county, 111., there is, or was some years ago, ali unpretentious 
 monument, standing by two graves, bearing the following inscriptions : 
 
 " In memory of Elisha English, born March 3, 1768, near Laurel, Sussex county, 
 I el. Married Sarah Wharton, Dec. 10, 1788. Removed to Kentucky in 1790, 
 and to Greene county, Illinois, in 1830. Died at Louisville, Ky., March 7, 
 1857. He was a faithful husband, a kind father and an honest man. 
 
 " In memory of Sarah Wharton, wife of Elisha English. Died November 27, 
 1549, in the eighty-second year of her age. She was kind to her neighbors, de- 
 voted to her family, and a noble woman in all the relations of life. 
 
 " My father and my mother. They lived lovingly together as husband and wife 
 over sixty years, and, before the tie was broken, could number two hundred living 
 descendants. Their fourteen children all married and had children before a death 
 occurred in the family. This monument is erected to their memory by Elisha G. 
 English, of Indiana." 
 
 These are the grandparents, on the father's side, of the subject of this sketch, 
 the Hon. William H. English, and the facts disclosed by these inscriptions embody 
 the most that is known of their history. 
 
 On the mother's side, his grandparents " sleep their last sleep" in the Rikers 
 Bidge (or Hillis) burying-ground, a romantic spot near the Ohio river, a few miles 
 northeast of Madison, Indiana, and again recourse is had to a monument which 
 marks their graves as containing an epitome of the most that is known of their 
 history : 
 
 • ' In memory of Philip Eastin, a lieutenant in the Fourth Virginia regiment in 
 the war of the American Revolution, who was buried in this secluded spot in the 
 year 1817, leaving his widow and a large family of children to mourn his loss. 
 *He sleeps his last sleep, he has fought his last battle.' Honor his memory; he 
 was one of the brave and true men whose gallant deeds gave freedom and inde- 
 pendence to our country. 
 
 " In memory of Sarah Smith Eastin, who died near this place and was buried 
 here in the year 1843. She was married to Lieutenant Philip Eastin at Winches- 
 ter, Va., in 1782, near which place she was born, being a descendant of the Hite 
 family, who first settled that valley. The prosperity of early life gave place in 
 her old age to poverty and the hardships of rearing a large family in a new coun- 
 try; but she acted her part well under all circumstances, and died with the respect 
 and love of all who knew her. Now that the oys and sorrows of a long and 
 eventful life are over, they sleep well. May they rest in peace. This monument 
 is erected to their memory by their grandson, William H. English." 
 
 Of the seventeen children born to this pair, Mahala, the mother of our subject, 
 first saw the light in Fayette county, Ky., and now resides with her distinguished 
 son and only surviving child at Indianapolis, in the eighty-second year of her age, 
 retaining in a remarkable degree her health and all her faculties. 
 
 As an element of character and one which all good persons recognize as essential 
 to greatness, not one can be named so well calculated to inspire respect as the pro- 
 found veneration of a son for his parents, and especially when its development 
 draws the child even more to them as the weight of years increases. This trait of 
 
34 LIFE OF WILLIAM H. ENGLISH. 
 
 character was peculiarly marked in Mr. English, His honors and his prosperity 
 only vitalized his affections for his parents, and in his home he demonstrated the 
 goodness of his heart, the warmth of his affections and the nobility of his charac- 
 ter, and Indiana, in all of her happy homes, presents no more beautiful picture of 
 a son's devotion than is to be found in Mr. English's, where his mother, now over 
 four-score years of age, is enjoying all the fruitions that affection can bestow. 
 
 Her husband. Major Elisha G. English, who was one of the fourteen children 
 referred to in the first inscription, died at his son's residence in Indianapolis, No- 
 vember 14, 1874, full of years and full of honors. He was, however, a citizen of 
 Scott county, Indiana, at the time of his death, as he had been for over a half 
 century, having immigrated to that county in 1818, from Kentucky, in which 
 state he was born. As one of the pioneers of Indiana, he enjoyed in the highest 
 degree the respect and confidence of the people, was several times sheriff of his 
 county, for about twenty years a member of the Indiana House of Representa- 
 tives or Senate, and for some time United States Marshal for Indiana. 
 
 BIRTH AND BOYHOOD. 
 
 Surrounded by scenes of hardy adventure and of reckless daring, so familiar to 
 the pioneers of the West, William H, English was born August 27, 1822, at the 
 village of Lexington, Scott county, Indiana, and he has literally grown with his 
 native state, and strengthened with her strength, until he has become thoroughly 
 Identified with her interests and prosperity. Both are now in their full meridian, 
 and he bears the reputation of being one among the most far-seeing and energetic 
 business men of the country. This is the more strange when it is considered that 
 he had previously reached great distinction in public life, having entered that 
 field in his early career, but voluntarily retired from it. 
 
 The student of biography, especially the biographies of Americans who had 
 been distinguished in war, politics, literature and science, has been impressed 
 with the fact that those who in youth were subjected to the severest struggles, 
 have often gained the proudest eminence in after life; and Indiana has furnished 
 a long list of names demonstrating the truth of the proposition, and the early 
 Ufe of Mr. English conspicuously illustrates it. Born at a time when school- 
 houses were few and far between, h6 mastered the rudiments at an early age, and 
 took a position in public affairs when others more favorably situated were dally- 
 ing in the problems he had solved. This youthful heroism furnishes the key to 
 his future success — the indomitableness of the boy foreshadowing the man of af- 
 fairs, who, learning the value of persistency in youth, would carry it into all the 
 enterprises of manhood — an example worthy of profound study by other youth 
 of the country. 
 
 EDUCATION AND ADMISSION TO THE BAR. 
 
 His education was such as could be acquired at the common schools of the 
 neighborhood, and a course of three years' study at the South Hanover College. 
 He studied law, and was admitted to practice in the circuit court at the early age 
 of eighteen years. He was subsequently admitted to the Supreme Court of his 
 state, and in the twenty-third year of his age, to the highest judicial tribunal in 
 the country, the Supreme Court of the United States. 
 
 ENTRANCE INTO POLITICS. 
 
 At an early age Mr. English's inclinations turned to a political life. His youth- 
 ful ambition to win success , and opportunities which then presented themsclvcc, 
 combinsd to urge him in this direction of effort. However, in the calm reflection 
 of later years, and in tlie full realization of these aspirations, he laid down the 
 
LIFE OP WILLIAM H. ENGLISH, 3& 
 
 honors and emoluments of oflace to seek in the walks of business a more con- 
 genial vocation. He identified himself with the Democratic party, and took a 
 prominent part in the political contest of his county, even before he arrived at 
 his majority. 
 
 Several years before he was of age, he was chosen a delegate from Scott county 
 to the Democratic State Convention at Indianapolis, which nominated General 
 Tilghraan A. Howard for governor. There was no railroad connection with the 
 capital at that time, and the roads were in such a deplorable condition that it took 
 him six days' horseback riding to make the round trip. He commenced making 
 speeches in that campaign and continued in active politics for many years. 
 
 APPOINTED POSTMASTER. 
 
 Under the Tyler administration, Mr. English was appointed postmaster of Lex- 
 ington, his native village, then the county seat of Scott county. 
 
 ELECTED PRINCIPAL CLERK OP INDIANA HOUSE OP REPRESENTATIVES. 
 
 In 1843 he was chosen principal clerk of the House of Representatives of his.. 
 state, over several distinguished and worthy competitors. 
 
 James D. Williams, now the venerable and respected Governor of Indiana, was 
 then, for the first time, a member of the House, and he has several times made 
 public mention of the fact that Mr. English then performed the same duties, and. 
 most satisfactorily, too, with the aid of one assistant, that in these later years over 
 a half dozen are paid to perform. 
 
 APPOINTED CLERK IN THE UNITED STATES TREASURY DEPARTMENT. 
 
 After the election of Mr. Polk to the Presidency, to which Mr. English largely 
 contributed, as an active and eflBcient politician in his section of the country, he 
 was tendered an appointment in the Treasury Department at Washington, which 
 he accepted, and continued to discharge its duties during that administration. He 
 was not the man to disguise his principles or make an effort to keep a place under 
 an administration he had opposed. He voted for the nomination of Cass in the 
 National Convention, and had strenuously opposed the election of General Tay- 
 lor. He, therefore, on the day preceding the inauguration, sent to Mr. Polk a 
 letter of resignation, which was extensively copied by the Democratic press, with 
 comments approving the independent spirit of its author. 
 
 FAMILY ALWAYS DEMOCRATIC. 
 
 In the National Convention of 1848, his father, Elisha G. English, and his 
 uncle. Revel W. English, were Vice-Presidents, and two other uncles delegates. 
 It was in that convention he met the now celebrated Samuel J, Tilden, who was 
 a delegate from the state of New York. 
 
 It will be observed that Mr. English is a Democrat, not only by the sober judg- 
 ment of his mature manhood, but the traditions of his family, and it may be said 
 that the commanding positions he has held, his large experience and his knowl- 
 edge of men and measures, all combine to strengthen his convictions that the prin- 
 ciples of the Democratic party must prevail if we are to have a united and pros- 
 perous country. His own idea of what these principles are will be best under- 
 stood by the following vigorous and forcible words uttered by him in a late pub- 
 lished interview: 
 
 " I am for honesty in money as in politics and morals, and think the great 
 material and business interests of this country should be placed upon the most 
 solid basis, and as far as possible from the blighting influence of demagogues. 
 At the same time, I am opposed to class legislation, and in favor of protecting 
 
36 LIFE OF WILLIAM H. ENGLISH. 
 
 and fostering the interests of tlie laboring and producing classes in every legiti- 
 mate way possible. A pure, economical, constitutional government, that will 
 protect the liberty of the people and the property of the people, without destroy- 
 mg the rights of the states or aggrandizing its own powers beyond the limits of 
 the Constitution, is the kind of government contemplated by the fathers, and by 
 that I think the Democracy propose to stand." 
 
 But Mr. English was not permitted to remain long out of public life. His 
 abilities were universally recognized. 
 
 CLERK UNITED STATES SENATE COMMITTEE IN 1850. 
 
 He was a clerk of the Claims Committee in the United States Senate during the 
 memorable session of the compromise of 1850, heard Calhoun end Cass, Clay and 
 Webster, Benton, and other great statesmen of the age, in those able, forensic 
 efforts, which obtained so much celebrity and led to the results so gratifying to 
 every American patriot. 
 
 And the pure patriotism of such men, the grandeur of their eloquence — the far- 
 jre»ching benefits of the measure proposed and advocated— left a fadeless impres- 
 Bion on Mr. English's mind that inspired his ambition, broadened his views, and 
 contributed largely in giving him influence when he became a member of the Na- 
 tional Legislature. At the. close of the session he resigned his position and 
 l"eturned to his home in Indiana. 
 
 ELECTED SECRETARY OF THE CONSTITUTIONAL CONVENTION. 
 
 The people of that state had just decided to call a convention to revise the state 
 Qpnstitution adopted in 1816, and after an existence of over a third of a century 
 Ihe adoption of a new constitution, in accord with the spirit of the times, was 
 lipproached with much caution. Every one felt the necessity of confiding the 
 trust to the wisest and best men in the state, and it is doubtful whether a superior 
 Jbody of men ever assembled for a like purpose than that which assembled at In- 
 dianapolis in October, 1850, to prepare a constitution for tlie state of Indiana. 
 Mr. English had the distinguished honor of being elected the principal Secretary 
 'of the convention and of officially attesting the constitution which was prepai*ed 
 by the convention after over four months' deliberation and ratified by an over- 
 whelming vote of the people. 
 
 As Secretary of the convention, he added largely to his reputation, and the fact 
 was recognized that his abilities were of a character to command a wider sphere 
 of usefulness to the party and to the country. 
 
 ELECTED TO THE LEGISLATURE. 
 
 The adoption of the new constitution made a necessity for a thorough revision 
 of the laws of the state, and the same high order of talent was needed to mold the 
 laws as had been required to prepare the constitution itself. It was, therefore, a 
 great honor to Mr. English, that in 1851, he was elected to represent his native 
 county in the state legislature against an opposition majority, and over a com- 
 petitor considered the strongest and most popular man of his party in the county. 
 This was the first meeting of the legislature under the provisions of the new con- 
 stitution, and judgment and discretion were required of the legislature to put 
 the new state jpaachinery into harmonious and successful operation. It was, there- 
 fore, no small "compliment for so young a man as Mr. English to have been chosen 
 over so many older and more experienced citizens. 
 
 ELECTED SPEAKER OF THE HOUSE. 
 
 3ut a Still greater honor awaited him, for, notwithstanding he was then but 
 
LIFE OF WILLIAM H. ENGLISH. ' 37 
 
 twenty-nine years of age, and it was his first session as a member, and, also, that 
 there were many old, experienced and distinguished men in that legislature, Mr. 
 English was elected Speaker by twenty-eight majority, and it may be mentioned 
 as an evidence of his ability and popularity as a presiding oflacer that, during his 
 long term of service (over three months), no appeal was taken from any of his de- 
 cisions. This was the more remarkable as it was the first session under the new 
 constitution, when many new points had to be decided. 
 
 Many radical and highly beneficial reforms in the laws of the state were made 
 at this session, to the success of which Mr, English largely contributed, and in 
 some instances originated, such as the change in the system of taxing railroads, 
 and the substitution of the present short form of deeds, mortgages, etc. , for the 
 long intricate forms. 
 
 Mr. English has, in an eminent degree, that force and energy of character 
 which leads to siiccessful action, and has left his impress upon the measure of 
 every deliberative body, company, or association to which he has belonged. In 
 a word, he has all the elements of a bold, aggressive and successful leadership. 
 If lost with a multitude in a pathless wilderness, he would not lag behind wait- 
 ing for some one else to plan or open up the pathway of escape. He would be 
 more apt to promptly advise which was the best way out, or make the road him- 
 self and call upon his comrades to follow. 
 
 ELECTED TO CONGRESS. 
 
 With the close of the long session of the Legislature of 1851, in which Mr. Eng- 
 lish had earned golden opinions from men of all parties, he was justly regarded 
 as one of the foremost men of the state, and the Democrats of his district with 
 great unanimity solicited him to become their standard-bearer in the race for Con- 
 gress. He was nominated, and in October, 1853, was elected by 488 majority over 
 his very worthy competitor, John D. Ferguson, now deceased, with whom he was 
 always on terms of the warmest personal friendship. 
 
 Mr. English entered Congress at the commencement of Mr. Pierce's adminis- 
 tration, and gave its political measures a warm and hearty support. It was a 
 memorable period in the history of the country, a time when questjkms of far- 
 reaching consequence had their birth, and which, a few years subseqijD^tly, test- 
 ed to the utmost limit the strength of the Republic. It was the tim^ fcflr liUe dis- 
 play of unselfish patriotism, lofty purpose, moral courage and unwavering devo- 
 tion to the Constitution. Mr. English met the demand. He was equal to the 
 responsibility of the occasion. He never disappointed his constituents, his party 
 or his country. He displayed his national qualities of prudence, sagacity and 
 firmness. 
 
 KANSAS-NEBRASKA BILL. 
 
 It was at the opening of this Congress that the famous Kansas-Nebraska bill 
 was introduced. Mr. English was a member of the House Committee on Terri- 
 tories, which was charged with the consideration and report of the bill. He did 
 not concur with the majority of the committee in the propriety and expediency 
 of bringing forward the measure at that time, and made a minority report on the 
 31st of January, 1854, proposing several important amendments, which, although 
 not directly adopted, for reasons hereafter explained, probably led to modifica- 
 tions of the bill of the Senate, which bill was finally adopted as an amendment 
 to the House bill, and enacted into a law. Both the House and Senate bill, at the 
 time Mr. English made his minority report, contained a provision "that the Con- 
 stitution and all laws of the United States which are not locally inapplicable. 
 
38 LIFE OF WILLIAM H. EXGLISH. 
 
 shall have the same force and effect within the said territory as elsewhere in the 
 United States ;" and then followed this important reservation : 
 
 " Except the eighth section of the act preparatory to the admission of Missouri 
 into the Union, approved March 6th, 1820, which was superseded by the prin- 
 ciples of the legislation of 1850, commonly called the compromise measures, and 
 is hereby declared inoperative." 
 
 Mr. English proposed to strike out this exception and insert the following : 
 
 "Provided, that nothing in this act shall be so construed as to prevent the 
 people of said territory, through the properly constituted legislative authority^ 
 from passing such laws in relation to the institution of slavery, not inconsistent 
 with the Constitution of the United States, as they may deem best adapted to 
 their locality and most conducive to their happiness and welfare ; and so much 
 of any existing act of Congress as may conflict with the above right of the people 
 to regulate their domestic institutions in their own way, be, and the same is here- 
 by, repealed," 
 
 In the history of this subject, given in the first volume of Mr. Horace Greeley's 
 "American Conflict," the opinion is expressed that this proposition of Mr. En- 
 glish could not have been defeated on the call of the yeas and nays, and the 
 author goes on to explain and condemn the new and ingenious parliamentary 
 maneuver resorted to at the time, which cut off all amendments, but the substi- 
 tution of the Senate Bill for the Bill of the House. " Thus," says Mr. Greeley, 
 * ' The opponents of the measure in the House were precluded from proposing any 
 amendments or modifications whatever, when it is morally certain that had they 
 been permitted to do so, some such amendments as Gov. Chase's or Mr. English's 
 would have been carried." The parliamentary maneuver referred to brought the 
 House to a vote on the Senate Bill, which, in the meantime, had been offered as 
 a substitute for the House Bill, was adopted and became the law. 
 
 POPULAR SOVEREIGNTY. 
 
 Now, tiiere is one point in the history of this important measure not very clear- 
 ly developed in Mr. Greeley's account (in the main fair and accurate), which it 
 will be well to refer to. It is true the Senate and House Bill were substantially 
 the same on the 31st of January, when Mr. English offered his amendments; but 
 before the 8th of May, when the House substituted the Senate Bill for its own, 
 and passed it, material modifications had been made in the Senate Bill. It was 
 the modified bill and not the bill of the 31st of January, that became the law. 
 For example, on the 15th of February, two weeks after Mr. English submitted 
 his amendments (the Senate and House Bills being up at that time in substan- 
 tially the same shape), the Senate adopted an amendment which had been sub- 
 mitted by Senator Douglas on the 7th of February, striking out a portion of the 
 same clause Mr. English had proposed to strike out, and substituting the follow- 
 ing : 
 
 "Which being inconsistent with the principle of non-intervention by Congress 
 with slavery in states and territories, as recognized by the legislation of 1850, 
 commonly called the compromise measures, is hereby declared inoperative and 
 void ; it being the true intent and meaning of this act not to legislate slavery in- 
 to any territory or ^tate, nor to exclude it therefrom, but to leave the people 
 perfectly free to form and regulate their domestic institutions in their own way, 
 subject only to the Constitution of the United States." 
 
 This amendment satisfied some of those members who at first regarded the 
 measure with disfavor, and a comparison will show to what extent it embodied 
 or harmonized with the amendment Mr. English had previously offered. 
 
LIFE OF WILLIAM H. ENGLISH. 39 
 
 It !s undoubtedly true, as the Congressional records will show, that Mt- En- 
 glish brought forward the " popular sovereignty " idea in the minority report n^ade 
 by him to the House of Representatives in January ; that the same idea was 
 submitted to the Senate in February and adopted by that body ; that the Hous^ 
 then adopted the amended Bill of the Senate as a substitute for the House Bill, 
 and it thus became a law. Hence the debate and public attention was directed 
 almost exclusively to tlie Senate Bill. 
 
 The objections made in Mr. English's minority report to the proposed boun- 
 •daries of the territory were also obviated by amendments. No doubt, these modi- 
 fications and a desire to act in harmony with the Democratic administration, in- 
 :fluenced some of the Democratic members from the free states to support %he 
 bill, who, like Mr. English, thought its introduction unfortunate and ill-timed. 
 
 Senator Douglas was justly regarded as the great leader and champion of the 
 ■" popular sovereignty " idea- So far as the advocacy of that principle was con- 
 cerned, Mr, English was with him, and it will not be out of place to state here 
 that although some slight political differences ultimately sprang up between 
 them in relation to the " English Bill " hereafter mentioned, they were always 
 personal friends, and for many years the relations between them were of the 
 most intimate character. As far back as 1845, Mr. Douglas wrote President Polk 
 urging that Mr. English be appointed Recorder of the General Land Office, and 
 Mr. English has many letters from Mr. Douglas expressing the most cordial friend- 
 ship. 
 
 SLAVERY AGITATION— POSITION ON SLAVERY QUESTION. 
 
 The controversy about the institution of slavery, which had been going on, 
 with but little intermission, ever since the formation of the government, raged 
 with greatly increased bitterness during the eight years immediately preceding 
 the war. During all this period Mr. English was in Congress, and more or less 
 identified with the measures involving the question of slavery. It is therefore, 
 perhaps, proper to briefly define the position he occupied upon this great question 
 of the age, as gleaned from his speeches and the Congressional history of the 
 period. " I am," said he in one of his speeches, "a native of a free state and 
 have no love for the institution of slavery. Aside from the moral question in- 
 volved, I regard it as an injury to the state where it exists, and if it were pro- 
 posed to introduce it where I reside, would resist it to the last extremity." 
 
 He believed in faithfully maintaining all the rights of the states as guaranteed 
 by the Constitution, and that it would be wisest to refer the question of slavery 
 to that best and safest of all tribunals — the people to be governed. " They are the 
 best judges of the soil and climate and wants of the country they inhabit ; they 
 are the true judges of what will best suit their own condition and promote their 
 welfare and happiness." 
 
 Speaking for himself and his constituents he said upon another occasion: "We 
 do not like this institution of slavery, neither in its moral, social nor political 
 bearings, but consider that it is a matter which, like all other domestic affairs, 
 each organized community ought to be allowed to decide for itself." 
 
 The idea of " leaving the people of every state and territory perfectly free to 
 form and regulate their domestic institutions in their own way, subject only to 
 the Constitution ol the United States," seemed to be in accordance with the 
 genius of our American institutions, but the storm raised by the passage of the 
 Kansas-Nebraska Bill resulted in the defeat of nearly all the members from the- 
 free states who voted for it. In fact, Mr. English was one of tLe only three in 
 the United States who commanded strength enough to survive the storm. 
 
40 LIFE OP WILLIAM H. ENGLISH. 
 
 &ECOND ELECTION TO CONGRESS — GREAT CANVASS AGAINST KNOW-NOTHINGISlT 
 AND " SEARCH, SEIZURE AND CONFISCATION." 
 
 He was unanimously nominated for re-election to Congress and elected, in Oc' 
 tober, 1854, by 588 majority — an increase of 100— over his Whig and Know- 
 Nothing opponent, Judge Thomas C. Slaughter, now deceased, a bitter partisan, 
 but a warm personal friend of Mr. English to the end of his life. 
 
 During Mr. English's Congressional career, the country, in addition to other 
 causes of agitation, was visited with a fanatical cyclone known as Know-Nothing 
 ism, that for a time threatened to overwhelm and obliterate the traditions and laws 
 of the country, and to create the most odious distinctions of citizenship based 
 upon religion and nationality. Never did the war of prejudice and ignorance 
 beat with greater force upon the most sacred guarantees of the Constitution ; never 
 was a public mind more thoroughly permeated with hostility toward men of for- 
 eign birth, nor was there ever a period in the history of the Republic when 
 religious animosities assumed such a repulsive and defiant aspect. Foreign-born 
 citizens were to be ostracised and men's freedom to worship God according to 
 the dictates of their own consciences was to be restricted. The virus spread in 
 every direction. It laid hold upon young and old — Know-Nothing lodges sprung 
 up everywhere — hates engendered in every home, lurked in every hiding place, 
 and found expression in every meeting of the mysterious order. To expose the 
 evil designs of the order, to break its power and arrest its progress was no easy 
 task. The work required courage of the highest order, and into it Mr. English 
 threw himself in a spirt of self-abnegation, which commanded the applause of all 
 right-thinking men. In Mr. English the foreign-born citizen had a friend, indeed. 
 The force of his logic and the fearlessness of his denunciations battered down the 
 sophisms, prejudices and the spirit of exclusiveness wherever they offered resist- 
 ance — reason regained supremacy, and after a brief period Know-Nothingism 
 disappeared to take its place in history, besides witchcraft and other monstrous 
 delusions that have from time to time cursed the world. It was a Democratic 
 victory to which no man in the nation contributed more than did William H. 
 English in his gallant canvass against the Know-Nothings in the second Congres- 
 sional district of Indiana in 1854. 
 
 It would be difficult for persons now to comprehend the gre^i excitement in the 
 country at this time, and particularly in Mr. English's district, separated from 
 Louisville only by the Ohio river, at which place many foreigners had recently been 
 killed by a mob, growing out of the Know-Nothing agitation. The same spirit 
 existed on the Indiana side, but Mr. English, with that boldness which has ever 
 characterized him, fought the doctrines of the Know-Nothing party, and the 
 " search, seizure and confiscation temperance law" party upon every stump, 
 and came out victorious ; but he was the only Democrat hut one elected to Congress at 
 that time from Indiana. In consequence of this gallant fight, as well as from his 
 broad, liberal and conservative views, Mr. English has always been popular with 
 our foreign population. 
 
 He continued to support the policy of the aidministration of President Pierce 
 during the Thirty-fourth Congress. 
 
 REGENT OF THE SMITHSONIAN INSTITUTION. 
 
 He was a Regent of the Smithsonian institution for eight years, and, during 
 this Congress, made a speech in defense of the management of the institution 
 which was highly commended by Prof. Henry, Charles , Henry Davis and other 
 eminent scientific gentlemen. Mr. Davis went so far as to write a letter, in which 
 
LIFE OP WILLIAM H. ENGLISH. 41 
 
 he said Mr. English was entitled to " the gratitude and friendly regard of every 
 scientific man in the country whose opinions are thought worth repeating. 
 
 In this speech Mr. English evinced higher qualities of statesmanship than ar6 
 developed in caucus and the usual combats of partisans — a statesmanship that 
 enters within the domain of science and art, and that seeks through the agencies 
 which enlightened governments can command to elevate and reform the people, 
 and to place within their reach facilities for the highest culture. 
 
 THIRD ELECTION TO CONGRESS. 
 
 At the end of Mr. English's second term he avowed his intention of not being 
 a candidate for Congress again, and requested his constituents to select some 
 other person. The convention which met to nominate his successor, however, 
 after balloting forty-two times without making a choice, finally determined, 
 unanimously, to insist upon Mr. English taking the field for the third time, which 
 he reluctantly consented to do, and was elected by a larger majority than ever 
 before, in October, 1856. 
 
 ADMISSION OF KANSAS. 
 
 In the course of a speech delivered in the House of Representatives on the 
 «,dmission of Kansas, Mr. English said : 
 
 " I think before Kansas is admitted, her people ought to ratify, or at least, 
 have a fair opportunity to vote upon the constitution under which it is proposed 
 to admit >^ er ; at the same time, 1 am not so wedded to any particular plan that I 
 may not, for the sake of harmony and as a choice of evils, make reasonable con- 
 cessions, provided the substance would be secured, which is the making of the 
 constitution, at an early day, conform to the public will, or, at least, that the 
 privilege and opportunity of so making it be secured to the people beyond all 
 question. Less than this would not satisfy the expectations of my constituents, 
 ^nd I would not betray their wishes for any earthly considerations." 
 
 When the whole country had about abandoned the hope of a settlement of the 
 ■disagreement between the two houses, and the angry contest was likely to be ad- 
 journed for further and protracted agitation before the people, already inflamed 
 with sectional animosities, Mr. English took the responsibility of moving to con- 
 cur in the proposition of the Senate asking for a committee of free conference. 
 The excitement upon the occasion had scarcely ever beeu equaled in the House of 
 Representatives. Upon adopting this motion the vote was a tie (108 to 108) ; but 
 the Speaker voted in the afl3irmative, and the motion prevailed. The committee 
 on the part of the House was composed of W. H. English, of Indiana ; A. H. 
 Stephens, of Georgia, and W. A. Howard, of Michigan. On the part of the Sen- 
 ate, J. S. Greene, of Missouri ; R. M. T. Hunter, of Virginia, and W. H. Seward, 
 of New York. 
 
 This is the history of the origin of the great Kansas compromise measure, com- 
 monly called the " English bill," which finally passed both branches' of Congress 
 and became the law. 
 
 This law was, in effect, to place it in the power of the people of Kansas 
 to come into the Union under the Lecompton Constitution, or not, as they might 
 themselves determine at a fair election. It was not a submission as direct as Mr. 
 English himself preferred, as hereinafter explained, but was the best he could 
 get under the complications then existing, and was a substantial vindication of 
 the doctrine of " popular sovereignty" advocated in his minority report on the 
 Kansas-Nebraska Bill in the Thirty-third Congress. 
 
 It is impossible for persons now to realize the agitation and excitement in the 
 
42 IIFE OF WILLIAM H. ENGLISH. 
 
 country at that time over the "English bill." Its passage was hailed with firing 
 of cannons, illuminations and public rejoicing in many places. 
 
 CONGRATULATIONS AND REJOICINGS. 
 
 The President of the United States, Mr. Buchanan, was highly gratified, and 
 wrote Mr. English a letter of congratulation (which Mr. English has preserved),, 
 in which he said : 
 
 *' I consider the present occasion the most fortunate of your life. It will be 
 your fate to end the dangerous agitation, to confer lasting benefits on your coun- 
 try, and to render your character historical. I shall remain always your friend." 
 
 On the night after the passage of the bill there was a great mass meeting in 
 Washington city which serenaded Mr. English. 
 
 In the course of his remarks he said : 
 
 "Let us all stand together in this great confederacy as equals, each state hav- 
 ing the right to regulate its own domestic institutions in its own way; and let us 
 apply this doctrine not only to Kansas, but to all the territories that may come 
 into this Union for all time to come. This is the doctrine of the Democratic 
 party, and when that party is struck down, the best interests of the country will 
 be struck down. Stop this agitation and let us act, not like visionary fanatics, 
 but practical men. Let well enough alone and leave the solution of this matter 
 to time and Providence. If we can not stand upon the doctrine of non-interven- 
 tion, where can we stand in safety? 
 
 " I know that it is the feeling of the people of Indiana that the interests and 
 rights of the South should never be trodden under foot. We do not intend ta 
 surrender any of our rights, and we do not believe that the people of the South 
 desire to trespass upon our rights ; if they did, we should rise up as one man ta 
 resist it, and we would resist it to the last. While we shall be careful to protect 
 our own rights, we shall be equally careful not to trespass upon the rights of our 
 brethren in other states. Upon such broad national grounds as this we can all 
 stand ; and if we do, this confederacy will continue increasing in prosperity and 
 glory. We must discard all these sectional ideas. We must cultivate a greater 
 feeling of respect and sympathy for each other, and for those of different sections;: 
 and I tinist and hope this is the dawn of a new era. I trust and hope we shall 
 hear no more of these sectional agitations. Every good man and lover of his 
 country ought to set his face against them. I speak the sentiment of the entire 
 Democracy of my state when I say that we will do battle faithfully to protect the 
 rights of the people of every portion of the confederacy, and that we shall stand 
 by the Constitution and the Union to the last." 
 
 MR. ENGLISH EXPLAINS THE "ENGLISH BILL." 
 
 Mr. English claimed that the "English bill " was entirely as he wished it. In 
 a short speech'made long after its passage, he said : 
 
 *'It was not to be expected that a bill upon a subject of so much magnitude, 
 preceded by such intense excitement, long and heated debates, close votes, and 
 conflicts between co-ordinate branches of the government, could be enacted into 
 a law in a manner satisfactory to all, or without violent opposition. Nothing in 
 man's nature, or the history of the past, warranted such expectation. Thirty 
 millions of excited people are not easily quieted, and a question which could 
 agitate a whole nation was not likely to be removed without a struggle and some, 
 sacrifice of opinion. 
 
 "Perfection in every respect was not claimed for the Conference Bill. Its 
 friends set up no unreasonable or extravagant pretensions in its behalf, and they 
 
LIFE OF WILLIAM H. ENGLISH. -43 
 
 now have the proud satisfaction of knowing that it has realized all they ever 
 claimed for it. It was enough that it contained the substance, and was the very 
 best that could be secured at the time and under the circumstances which then 
 existed. 
 
 "In that spirit it was agreed to in committee; in that spirit enacted into a law. 
 It sprang from the necessity of the case, and was supported in the hope of recon- 
 ciUation and peace. If those who gave it their support erred, it was in yielding 
 too much in the praiseworthy effort of removing a dangerous question from the 
 national councils and restoring harmony to a highly-excited people. " 
 
 Under this law the question of admission under the Lecompton constitution 
 was, m effect, referred back to the people of Kansas, and they voted against it, 
 just as Mr. English and almost every one else expected they would do. Even so 
 bitter a partisan as Mr. Greeley then was, admitted in his history that the vote cast 
 on the proposition submitted by the English bill "was, in fact, to reject the Le- 
 compton constitution. " 
 
 Thus the result was accomplished which Mr. English had contended for from 
 the beginning, and there is no inconsistency in his record upon this subject. On 
 the final vote which admitted Kansas as a state, he was still a member, and voted 
 for her admission. 
 
 FOUBTH ELECTION TO CONGRESS. 
 
 The popular current in the North was still strongly against the Democratic ad- 
 ministration, and the "English bill' entered into the ensuing political campaign, 
 -and came in for the usual amount of misrepresentation and abuse. 
 
 Mr. English had again been brought forward for re-election, and the contest in 
 Ms district assumed a national importance. His political opponents made extra- 
 ordinary efforts to defeat him, and there was at one time some dissatisfaction with 
 a portion of his political friends, who thought he ought to have voted for the ad- 
 mission of Kansas under the Lecompton constitution. 
 
 After the passage of the English bill, the President offered to confer the highest 
 political honors upon Mr. English, but he declined receiving any executive appoint- 
 ment. The same offer of executive favors occurred under the administration of 
 President Johnson, with whom Mr. English had been on terms of the most inti- 
 mate friendship ever since the winter and spring of 1844-45, at which time they 
 boarded at the same house, and Mr. Johnson, then a member of Congress from 
 Tennessee, aided in procuring an office for Mr. English under President Polk. 
 
 CONGRESSIONAL REMINISCENCES. 
 
 Mr. English entered Congress with Thomas A. Hendricks, Elihu B. Wash- 
 l)urn and John C. Breckinridge, and, at subsequent sessions, John Sherman, W. 
 S Groesbeck and George H. Pendleton, of Ohio; Roscoe Conkling, of New York, 
 and Schuyler Colfax, of Indiana, became members, so that it may be said of Mr. 
 English's colleagues that two of them became Vice-Presidents of the United 
 States, and six have been prominently mentioned for the high office of President. 
 
 It is a sad commentary upon the short duration of human life, and the transi- 
 tory nature of all earthly honors, that of the two Senators and eleven members 
 of the House, constituting the Indiana delegation in the Thirty-third Congress, 
 which ended in 1854, all are now dead but Thomas A. Hendricks and William H. 
 English. 
 
 At the beginning of the Thirty-sixth Congress, John Sherman, now Mr. Hayes' 
 Secretary of the Treasury, was nominated by the Republicans for Speaker ; but 
 «fter two months of great excitement, and a multitude of ballots, in which. 
 
44 LIFE OF WILLIAM H. ENGLISH. 
 
 various persons were voted for, Gov. Pennington, of New Jersey, was finally 
 elected. 
 
 In the course of this struggle Mr. English made a speech, from which we 
 make a short extract, as it refers pointedly to his previous political history. He 
 said: 
 
 " Those who are acquainted with my personal and political history know that I 
 have never belonged to or sympathized with any other than the Democratic party. I 
 have stood with that party against all the political organizations that have from 
 time to time been arrayed against it. When the old Whig party existed, I op- 
 posed it upon those issues which have become obsolete and are no longer before 
 the country. Upon the great question of slavery, which is the vital question of 
 this day, I stand where the Damocracy stood, and the Whig party stood, as long 
 as the Whig party had an existence. 
 
 " Upon the advent of the Know-Nothing or American party, I opposed it per- 
 sistently, and particularly the peculiar doctrines of that party in relation to 
 naturalization and religion. My views upon these subjects have undergone no 
 change, I am for our naturalization laws as they stand, and for the entire free- 
 dom of religious belief, and would resist to the last any infringement upon the 
 one or the other." 
 
 EXCELSIOR. 
 
 The election of 1858 resulted in the return of Mr. English to Congress by a 
 larger majority than ever. There had bsen no change in the boundaries of liis 
 district, but his career in this, as in everything else, had been upward and on- 
 ward, his majority gradually incredfting at each election from 488 in 1852 to 1,812 in 
 1858, and this at a time when Democratic Congressmen were almost swept out of 
 existence in the Nortliern States. 
 
 THE SHADOW OF THE GREAT CIVIL WAR. 
 
 In the meantime the split in his political party continued to widen, and the 
 shadows of the great civil war began to be visible to his keen and experienced 
 vision. 
 
 Mr. English was then a member of the National Campaign Committee. 
 
 The approaching Democratic National Convention at Charleston, South Caro- 
 lina, was a great event, pregnant with mighty consequences both to that party and 
 to the country. Mr. English was not a delegate, but he went to Charleston to do 
 what he could as a peacemaker, to prevent, if possible, the division of the Demo- 
 cratic party. If the judgment of such prudent and practical men as Mr. English 
 had been followed, there would have been but one Democratic Presidential 
 ticket, and such a conservative Democratic platform as probably would have com- 
 manded success. And if it had been successful, bow different might have been 
 the history of this country ! But those who labored for harmony labored in vain, 
 and Mr. English returned to Washington before the convention adjourned greatly 
 discouraged at heart, but still hoping all would end well. 
 
 AGAINST RECESSION. 
 
 Then came the movement in the South in favor of dissolution. Mr. English 
 was for pacification, if possible, and favored every measure tending to that re- 
 sult. On the subject of secession he was as firm and bold in opposing the views 
 of his former political associates from the South as he liad been in opposing the 
 admission of Kansas as a state under the Lecompton constitution. He denounced 
 it from the beginning, and made every effort to induce Southern members to 
 abandon it. In a speech in the House of Representatives, he plainly told the 
 South that " the great Democratic party, that has so long and so justly boasted of 
 
LIFE OF WILLIAM H. ENGLISH. 45 
 
 its nationality, must not degenerate into a mere sectional party, or a party that 
 tolerates the sentiment of disunion; if it does, its days are numbered and its 
 mission ended." 
 
 Alluding to the folly of the Soutli, threatening to break up the Union because 
 of the election of a sectional man to the President's chair, he told them that a 
 corporal's guard of Northern men would not go with them out of the Union for 
 such a cause, and that his constituents would only " march under the flag and 
 keep step to the music of the Union." Addressing tbe Southern members, he 
 said : 
 
 "Looking at this matter from the particular standpoint you occupy, it is 4» lie 
 feared you have not always properly appreciated the position of the Free-State 
 Democracy, or the perils which would environ them in the event of a resort to 
 the extreme measures to which I refer. Would you expect us in such an event 
 to go with you out of the Union? If so, let me tell you frankly, your expectar 
 tions will never be realized. Collectively, as states, it would be impossible, and 
 as individuals, inadmissible; because it would involve innumerable sacrifices, and 
 a severance of those sacred ties which bind every man to his own immediate 
 country, and which, as patriots, we never would surrender. " 
 
 But his appeals were in vain. The crisis of the great American conflict was at 
 hand. It was now inevitable that the angry controversy would be transferred 
 from the halls of Congress to be decided by a bloody and relentless war; an event 
 he had hoped would never come, and zealously labored to avert. 
 
 RETIRES FROM CONGRESS WITH THE PLAUDITS OP HIS CONSTITUENTS. 
 
 He now determined at all hazards to retire from Congress and active political 
 life, having served continuously through four terms. That he retired with the 
 full and unqualified indorsement of his constituents, is shown by the fact that 
 the convention which nominated his successor adopted unanimously the follow- 
 ing resolution: 
 
 "Resolved, That in selecting a candidate to represent this district in the Thirty- 
 seventh Congress, we deem it a proper occasion to expresi the respect and esteem 
 we entertain for our present member, Hon. W. H. English, and our confidence in 
 him as a public officer. In his retirement, in accordance with his well-known 
 wishes, from the position of representative, which he has so long filled with credit 
 to himself and benefit to the country, we heartily greet him with the plaudit, 
 ' Well done, thou good and faithful servant.' " 
 
 Thus did he retire from active participation in political affairs, as an office- 
 holder, without ever having sustained a defeat before the people, in the full meri- 
 dian of success and with strong prospect of being advanced (had he made the 
 effort) to still higher political honors. 
 
 SPEAKS FOR THE UNION. 
 
 Mr. English was a firm and consistent supporter of the Union cause. 
 
 The following account of a speech made by him about the time of the com- 
 mencement of the war is taken from the Madison Courier, a paper not of Mr. 
 English's politics: 
 
 ' ' Mr. English spoke for over an hour. He said that he was opposed to the 
 Republican doctrines, and should boldly assail Mr. Lincoln's policy whenever he 
 thought it wrong, but as a native of Indiana, thoroughly identified with free 
 state interests, he felt that his allegiance was exclusively due to the state of 
 Indiana and government of the United States, and he should accordingly abide 
 in good faith by their laws, and stand under the old time-honored flag. 
 
46 UFE OF WILLIAM H. ENGLISH. 
 
 " He trusted that the bitter cup of civil war might be passed from our lips, and 
 he would exhaust every possible means of maintaining the peace ; but if nothing 
 will do but war, then we must all stand or fall together." 
 
 TRYING PERIOD OP HIS LIFE. 
 
 This was an eventful and trying period in his life. He had abandoned the field 
 of politics and declined employment as an officer in the army. He had grown 
 rusty in the law. After many years of intense activity, and at his age, he could 
 not be satisfied to sit down in his little native village and do nothing. He tried 
 it, but before the end of a year worried himself on account of his inactivity into 
 a long spell of sickness, and gave up tlie "retired and quiet life" idea in 
 despair. 
 
 MR. ENGLISH AS A BANKER. 
 
 He always had an aptitude for finance, and was encouraged to go into banking 
 by his friends Hugh McCullough (then about entering upon the duties of Con- 
 troller of the Currency) and the great bankers, J. F. D. Lanier, of New York, 
 and George W. Riggs, of Washington City. The two latter became stockholders 
 with him in the First National Bank of Indianapolis, which was founded by Mr. 
 English in the spring of 1863. Of course, this required Mr. English to move to 
 Indianapolis, where he has since resided. This bank was among the first organ- 
 ized in the United States under the national system, and the very first to get out 
 its circulation. 
 
 In this, as in all other undertakings, Mr. English steadily persevered until he 
 achieved a splendid success. He was soon recognized as a first-class business man, 
 and gradually grew in favor with his colleagues and the public until he was the 
 president of the Indianapolis Clearing-house Association and president of the 
 Indiana Banking Association — the recognized head of the profession in his city 
 and state. 
 
 The bank of which he was so long president commenced with a capital of 
 $150,000, but he had the sagacity to secure as stockholders such men as J. F. D. 
 Lanier, George W. Riggs, Gov. O. P. Morton, Gov. T. A. Hendricks, Hon. Frank- 
 lin Landers and Hon. J. A. Cravens, and other gentlemen of the very highest 
 financial and political standing, and under his admirable management very large 
 dividends were paid to stockholders, and the capital increased to a million dol- 
 lars, with several hundred thousand dollars surplus. For over fourteen years 
 Mr. English presided over the bank with remarkable ability and unquestioned 
 fidelity, until it was recognized as the first financial institution in the state, and 
 among the first in the United States. 
 
 RESIGNS THE PRESIDENCY OF THE BANK AND RETIRES FROM ACTIVE BUSINESS. 
 
 In the meantime, Mr. English had acquired the controlling interest in the various 
 Street-railway lines of the city, and was largely interested in real estate and other 
 business enterprises, which so severely taxed his energies that his health became 
 somewhat impaired, and as his wife had long been in such feeble health as to 
 make removal for a time to a warmer climate desirable, he determined to retire 
 from active business. Accordingly, on the 25th of July, 1877, he resigned the 
 presidency of the bank. 
 
 The stockholders and directors accepted this resignation with deep regret, and 
 in doing so, unanimously adopted the following resolution : 
 
 Resolved, That the directors and stockholders of this bank sincerely regret the 
 causes which impel the resignation of the Hon. Wm. H. English, so long presi- 
 dent of this institution, and that in accepting the same they desire to express 
 
LIFE OF WILLIAM H. ENGLISH. 4*1 
 
 their thanks to him for the very great financial ability, constant watchfulness 
 and perfect fidelity with which he has managed it from its organization to the 
 present time. 
 
 Resolved, That the Executive Committee of the Board be directed to have pre- 
 pared and present to him a suitable testimonial as a memento of our personal re- 
 g:ird and esteem, and that he carry with him our most sincere wishes for a long 
 life of u efulness and happiness." 
 
 Soon after retiring from the bank Mr. English sold out all his stock in the 
 street railway and other companies, and now does not own a dollar of stock ia 
 any corporation whatever— which is very remarkable for a man of his large 
 wealth. 
 
 POSITION ON FINANCIAIi QUESTIONS. 
 
 Tie clear-headed comprehension of the situation during the great financial 
 panic < f 1873, and his cool and judicious management upon that trying occasion, 
 did very much to prevent disaster to the Indianapolis banks, and to elevate him 
 in public estimation as a good leader in great emergencies. One of the leading 
 newspapers (TAe P<3(?pfe), referring to this, said: "His conduct throughout the 
 panic proved that his heart was in the right place — that the best interests of the 
 city were in his thoughts — that he had the nerve and the will to sink self and 
 proffer ad to those needing it." 
 
 !&Ir. English has always been the bold and fearless advocate of honest money 
 and sound and conservative financial principles. Upon this important question 
 his record is faultless, and so uniformly consistent that his position is never 
 questioned. In a late interview he said: "For myself, I want our money to 
 rank with the same standard recognized by all the great commercial nations of 
 the world. I want no depreciated or unredeemable paper forced upon our 
 people. I want the laboring man when pay-day comes to be paid in real dollars 
 that will purchase just as much of the necessaries of life as the dollars paid tc. 
 the bondholders or officeholders, and with as great purchasing power as the best 
 money in the best markets of the world. Honesty, in my judgment, is the best 
 policy in finance and politics, as well as in morals generally, and if politicians 
 would take half as much trouble to instruct and enlighten the masses that they do 
 to take advantage of their supposed prejudices it would be far better." 
 
 Of this bold and patriotic declaration of Mr. English the Boston Post no doubt 
 echoed the general sentiment when it said; " If we could have the ear of every 
 Democrat in the country we should be glad to know if anything better than 
 this has been uttered, and who can honestly dissent from it ?" 
 
 On the evening of October 25, 1873, a large meeting of the members of the 
 Board of Trade and business men of Indianapolis took place, which the papers ot 
 the next morning designated as "the most noted assemblage of the sort held in 
 the city for years." There was much excitement, and strong and general feeling 
 tiint a further inflation of the currency was the best remedy for existing and 
 threatened financial evils. Almost solitary and alone Mr. English combatted the 
 correctness of this position, and in a forcible speech did much to change the cur- 
 rent of thought upon the subject. 
 
 NO OFFICE-SEEKER, BUT HIS INTEREST IN POLITICS CONTINUES. 
 
 It should not be understood that because Mr. English retired from Congress m 
 1860, ard declined longer to hold office, that he ceased to take an interest in pub- 
 lic affairs. He was a delegate to the state convention in 1861, and in 1862 he 
 was again spoken of for Congress, but declined the use of his name in a published 
 
48 LlFK OF AVJLLIAM H. ENGLISH. 
 
 letter, in which lie advised his old Democratic constituents to keep up their organ- 
 ization and stand by the Constitution and the Union. He said : 
 
 *'It is perhaps superfluous for me to add that, as a private citizen, neither 
 seeking nor desiring office, I shall exert whatever influence I possess to maintain 
 the Constitution and the Union, and speedily suppress the rebellion. We must 
 not allow ourselves to be driven from correct principles by any amount of mis- 
 representation or even p^-secution. 
 
 "I would say, let us stand together under the old flag and in the old organiza- 
 tion, fighting secessionism to the bitter end, assailing the administration where 
 ever we conscientiously believe it to be in error, but upholding the Constitution 
 and laws, and never losing sight of that great historical fact, which can never be 
 overcome by misrepresentation and abuse, and that is, that under the rule of the 
 Democracy the country grew to be one of the greatest nations of the earth, and as 
 long as they had power the people of the states were prosperous and happy." 
 
 MICHAEL C. KERR AND RESOLUTIONS IN FAVOR OF MCCLELLAN AND THE UNION. 
 
 In 1864 he was a delegate to the congressional convention which nominated that 
 sterling patriot, Michael C. Kerr, to Congress, and who died while Speaker of the 
 House. Mr. Kerr aoid Mr. English were life-long friends, and Mr. Kerr said often 
 that he owed his seat in Congress to Mr. English. 
 
 Mr. English was an advocate of Gen. McClellan for President, and introduced 
 the resolution in the convention of the Second Congressional district declaring for 
 McClellan as first choice. Also a resolution declaring, "that we are now, as we 
 ever have been, unqualifiedly in favor of the union of the States, under the Con- 
 stitution, and stand ready, as we have ever stood heretofore, to do everything that 
 loyal and true citizens should do to maintain that Union under the Constitution, 
 and to bandit down to our children unimpaired as we receive'd it from our fathers." 
 
 BUSINESS INCREASES — SEYMOUR AND TILDEN. 
 
 Mr. English's business continued to increase until it reached such immense pro- 
 portions that it absorbed all his time, and he could give but little attention to po- 
 litical affairs ; but he was a firm friend and supporter of Gov. Seymour and Gov. 
 Tildcn, and presided at the meeting held at the capital of the state, ratifying the 
 nomination of Tilden and Hendricks, Upon that occasion he said : 
 
 ' It is known to you, fellow-citizens, that I have not of late years been an active 
 participant in political affairs. Preferring the quiet pursuits of private life and 
 intending not to be drawn into the turmoils of active politics, I nevertheless am 
 not an indifferent spectator in this contest, and certainly do not forget the past, I 
 do not forget that I was born a Democrat ; was long an earnest, hard-working 
 member of the party, always a firm believer in its great cardinal principles, and 
 frequently a recipient of its favor at a time when such favors were to me of ines- 
 timable value. With such antecedents, and a heart which I know is not incapable 
 of gratitude, I could not be indifferent to the fate of this grand old party, and 
 although m bad health and shrinking from appearing as a participant in a pub- 
 lic political meeting, I could not forego the pressing call that was made upon me 
 to preside upon this occasion, because I sincerely believe that the time has arrived 
 when the welfare of the people demands thorough reform in the affairs of the 
 general government, and that such reform can now only be certainly and effect- 
 ively secured by the election of Tilden and Hendricks." 
 
 RESIDENCE, MARRIAGE AND CHILDREN. 
 
 Mr. English has a residence in Indianapolis, fronting upon a beautiful circular 
 park Itnown as the " Governor's Circle," so called because originally designed as 
 the site for the residence of the governor of the state. 
 
LIFE OF WILLI AT^C H. ENGLISH. 49 
 
 He was married to Miss Emma Mardulia Jackson, of Virginia, on the 17tli day 
 of November, 1847, in the city of Baltimore, Md., the Rev. Henry Slicer, chap- 
 lain of the United States Senate, performing the ceremony, and no union could 
 have been more felicitous and happy than this was during its long continuance. 
 This estimable lady died at Indianapolis, November 14, 1876, universally loved and 
 respected by all who knew her. 
 
 Two children were the issue of this marriage, a son and a daughter. The son 
 is the Hon. W. E. English, a young man of fine promise, now a member of the 
 Indiana House of Representatives, being the. third of the family in lineal descent 
 who has occupied that position— father, son and grandson. The daughter, Rosa- 
 lind, is the wife of Dr. Willoughby Walling, an eminent physician of Louisville, 
 Ky., and is the mother of two fine boy babies, William English Walling and Wil- 
 loughby George Walling. 
 
 AFTER RETIRING FROM ACTIVE BUSINESS IN 1877. 
 
 The foregoing incidents of an exceptionally active and successful life bring its 
 history down to the year 1877, when Mr. English, crowned with success in every 
 undertaking, with a political and business record without a blemish, and at the 
 very meridian of his powers, sought the retirement of private life to enjoy in 
 quiet society the well-earned trophies of former years. But in this retirement 
 Ml-. English was not unmindful of his country nor neglectful of the interests of 
 the Democratic party, whose principles he had espoused in his youth, and whose 
 standard-bearer he had been in many a hotly-contested conflict. Always a close 
 observer of passing events, he continued to manifest his deep solicitude for the 
 success of the Democratic party, and with his ripe experience was ever ready to 
 aid it by his counsel. 
 
 STANDING BEFORE THE PUBLIC. 
 
 His splendid triumph in every enterprise with which he had been identified for 
 a quarter of a century made his name a synonym of success. His services in the 
 Indiana legislature, the national fame he had acquired in Congress and the su- 
 perior abilities he had displayed as a financier, and his fidelity to every trust, all 
 combined to give him a prominence which was continually attracting the attention, 
 not only of his fellow-citizens of his native state, but of the most distinguished 
 men of the country ; and to these circumstances alone must be credited his pres- 
 ent enviable position before the American people and the unsolicited association 
 of his name with high official trusts. It should be understood that Mr. English 
 seeks retirement. He has voluntarily surrendered advanced positions in public 
 life for the enjoyments to be garnered only in the walls of a private citizen. The 
 distinction and emoluments of the office had lost their attractions, and having 
 earned honor and wealth, he was willing to surrender his place in the shining 
 pathway of fame to others, content to see them crowned, as he had been, with the 
 approbation of their countrymen. But Mr. English could not control the logic 
 of circumstances. As a result, and independent of his volition, there is, at this time, 
 what seems to be a very general wish to call him from retirement and promi- 
 nently identify him with passing political events. 
 
 SOME TRAITS OF CHARACTER. 
 
 Mr. English is logical rather than ornate. His mind is a crucible in which 
 error is eliminated from truth, and the tests of his analysis being satisfactory, he 
 is proof against sophisms or the blandishments of flattery. With a mind trained 
 from early manhood in a school of logic which dignified facts, the brilliancy of 
 fi^ction never beguiles him from the luminous pathway mapped out by reason ; and 
 
 4 
 
50 LIFE OF WILLIAM H. ENGLISH. 
 
 hence, as a result, his public and private life is singularly free from the mistakes 
 that have embarrassed other public men, and his past good fortune in this regard 
 points to him with special distinctness as eminently qualified for public trusts, 
 no matter what the gravity of their responsibilities may be. At school, a student 
 of law, an attorney, principal clerk of the Indiana legislature, secretary of the 
 constitutional convention, member of the legislature and Speaker of the House, 
 member of Congress, banker and private citizen, at all times clear, concise and 
 self-poised, William H. English has demonstrated, as few men have done, capaci- 
 ties of the first order, and which command universal respect. In such a life, so 
 varied in its responsibilities, developing always and continually in the same di- 
 rection, of pure character, high resolves and noble ambitions, there must be of 
 necessity certain forces and factors ^of integrity of purpose, and of fidelity to the 
 public walfare, as are certain to attract public attention and demand an enlarge- 
 ment of their domain and usefulness. 
 
 AS A FINANCIER AND STATESMAN. 
 
 It touches every interest and commands universal consideration. "Where is the 
 man whose views will best harmonize the East and the West, the North and the 
 South, upon this question ? This much may be said of Mr. English, that his 
 financial experience, his comprehension of financial theories and results, his pro- 
 nounced conservatism, and his acknowledged ability as a financier, designate him 
 as the peer of the most advanced student of finance in all of its varied applications 
 to the demands of the country. To the South always just ; to the North an in- 
 flexible friend, comprehending the wants and interests of the East, with an ex- 
 tended knowledge of the West and its expanding and enfolding growth and 
 resources — Mr. English includes in his thought and experience all the essentials 
 of an admistration of affairs in which the harmonies of interests and the logic of 
 development are most admirably blended. The logic of events points to him as 
 a distinguished native Indianian, who, should circumstances create an inevitable 
 necessity, would exhibit to the country those exalted traits of character which in 
 these times are sought for with profound solicitude. 
 
 AS A MAN OF ACTION AND BUSINESS. 
 
 Mr. English is a man of action rather than of words. His efforts as a debator 
 are more remarkable for practical common sense than for brilliancy of oratory or 
 the flowers of rhetoric ; his mind, strictly practical in all its scope and bearings, 
 is eminently utilitarian. Energy of character, firmness of purpose and an un- 
 swerving integrity are his chief characteristics. In personal intercourse he is in- 
 clined to be retiring and reserved, which might be attributed to haughtiness or 
 pride by a stranger, but to an acquaintance or friend he is open, candid and 
 affable. In the private and social relations of life he stands " without blemish 
 and above reproach." 
 
 As a business man he has most valuable qualities. Without being too cautious, 
 he is prudent and conservative. He looks searchingly and comprehensively into 
 the nature and probable results oi all schemes, and when he once puts his shoulder 
 to the wheel it is with a strength that carries all before it. He is not demonstra- 
 tive in anything that he does, but there is a quiet, determined and unceasing appli- 
 cation of his whole resources of mind and energy to the end in view. 
 
51 
 
 THE RECORD 
 
 OF 
 
 JAMES A. GARFIELD. 
 
 The Credit Mobilier Fraud. The District of Columbia Ring and the De Golyer 
 Bribe. The Sanborn Frauds. The Back Pay Grab and the Salary Steal. The 
 Indian Ring — Garfield's Services in its Behalf. Encouraging and Defending 
 Petit Larceny. Garfield the Champion of O. O. Howard. The Black 
 Friday Scandal — Garfield's Effort to Suppress the Truth. Garfield the 
 Friend of Robeson. Garfield Champions Geo. F. Seward. The 
 Electoral Commission. Three Monstrous Grievances. The 
 Pacific Steal. The Moth Swindle. Garfield and the Labor- 
 ing Men. Some of Garfield's Votes. Garfield and 
 General Shields. Garfield against Free Salt. The 
 Judgment of his Republican Constituents. Gar- 
 field and the National Bouquet Shop. Garfield 
 against the Shipbuilders of New England. 
 Garfield and Chinese Immigration. 
 Garfield's Insult to the Mexican Vet- 
 erans. Garfield and Profligate 
 Expenditures. Garfield on tax- 
 ing Printing Paper. Garfield 
 against the Distillers of 
 his Own State. 
 
 A PYRAMID OB CORRUPTION! A MONUMENT OP FRAUD! 
 
THE KECORD OF JAMES A. GARFIELD. 53 
 
 THE RECORD OF JAMES A. GARFIELD. 
 
 James A. Garfield entered the Union Army in 1861, as Colonel of the Forty- 
 second Ohio Volunteers. He was promoted to the rank of brigadier -general, 
 January 10, 1862, and was brevetted a major-general, September 20, 1863, after 
 he had been elected a member of the Thirty-eighth Congress from the 19th Dis- 
 trict of Ohio. He was sworn in on the 7th of December, 1863. His active Con- 
 gressional life began at that time with the first session of the Thirty-eighth Con- 
 gress. He has served continuously since, and his ninth term will expire March 
 4, 1881 . General Garfield has more than average ability. Like many other of our 
 public men he has risen from the humblest walks of life, but more than one-half 
 of his life has been spent in the public service. His opportunities for improve- 
 ment have been exceptionably good. He is an industrious and methodical student. 
 After completing his collegiate course he became a minister of the gospel, and 
 the early years of his manhood were devoted to that high and honorable calling. 
 Earnest conviction, decision of character and stern morality are the characteris- 
 tics which we would naturally expect to see illustrated by his public career. Has 
 this been the case ? Let his record answer. He began his Congressional career 
 at an era when profligacy and corruption were rampant in the public service. 
 At the very outset he had the opportunity to enroll himself as an honest and 
 fearless champion of public economy in his own party. The Act of 1864, known 
 as the amendment to the Charter of the Pacific Railroad, was passed by the 
 Thirty eighth Congress. It was opposed at every step of its progress in the House 
 of Representatives by Mr. Elihu B. Washburne, of Illinois. Its true character was 
 demonstrated by him. The record shows that General Garfield supported the 
 iniquitous measure. At a later period when these monster corporations demanded 
 additional legislation. General Garfield, with a full knowledge of the flagrant 
 corruption by which they had succeeded in and out of Congress, was always, 
 their zealous and influential champion. 
 
 HE DOES NOT DESERVE WELL. OF HIS COUNTRY ? 
 
 Always serving on the important committees, no man in public life, during the 
 last quarter of a century, has had better opportunities to serve the cause of good 
 government than General Garfield. No one has more signally failed. Can any one 
 point to a single instance during his eighteen years service in Congress where he 
 has appeared as the champion of retrenchment and reform ? We assert that he has 
 been the supporter of every job, the defender of every steal, which by hook or by 
 crook got through Congress from 1863 to 1875, and challenge his defenders to 
 prove the contrary by his record ! 
 
 The inconsistencies of General Garfield's public life show that he is utterly with- 
 out conviction. He is one of the few Americans who was enrolled as a member 
 of the Cobden Free Trade Club, of London, England. In private life he has 
 been the friend and associate of David A. Wells, Horace White and other dis- 
 tinguished free traders. As a political economist lie has never hesitated to say 
 
64 THE RECORD OF JAMES A. GARFIELD. 
 
 that he believed in revenue reform, and yet, in his letter of acceptance of July 12, 
 
 1880, he says : 
 
 " In reference to our customs laws a policy should be pursued which will bring revenues to the 
 "Treasury', and will enabl (3 the labor aud capital employed in our g^reat industries to compete 
 " fairly in our own markets with the labor and capital of foreign producers. We legislate for the 
 " people of the United States, not for the whole world," 
 
 "A CIVIL SERVICE REFORMER IN 1877." 
 
 General Garfield has again and again declared that he was in favor of civil 
 
 service reform. Upon more than one occasion he has posed in Congress, and out 
 
 of it, as a civil service reformer. In an article published in the Atlantic Monthly 
 
 for July, 1877, entitled, "J. Century of Congress,'' he discussed the question of 
 
 appointment to office as follows : 
 
 To sum up in a word : the present system invades the independence of the executive, and 
 makes him less responsible for the character of his appointments; it impairs the efficiency of the 
 legislator by diverting him from his proper sphere of duty, and involving him in the intrigues of 
 aspirants for office; it degrades the civil service itself by destroying the personal independence 
 of those who are appointed; it repels from the service those high and manly qualities which are so 
 necessary to a pure and efficient administration ; and, finally, it debauches the public mind by 
 holding up public office as tiie reward of mere party zeal. To reform this eervice is one of the 
 highest and most imperative duties of statesmanship. This reform cannot be accomplished with- 
 out a complete divorce between Congress and the executive in the matter of appointments. It will 
 be a proud day when an administration Senator or Representative, who is in good standing in his 
 part/, can say as Thomas Hughes said, during his recent vi-it to this country, that though he was 
 on the most intimate terras with the members of his own administration, yet it was not in his power 
 to secure the removal of the humblest clerk in the civil service of his government. (See page 61, 
 vol. xl., Atlantic MorUldy.) 
 
 A MACHINE POLITICIAN IN 1880. 
 
 In his letter of acceptance Gen. Garfield goes square back on himself and all 
 the pretensions of his party iu regard to civil service reform, as follows: 
 
 To select wisely from our vast population those who are best fitted for the many offices to be 
 filled requires an acquaintance far beyond the range of any one man, Tie executive should, 
 therefore, seek and receive the information and assistance of those whose knowledge of the 
 communities in which the duties are to be performed best qualifies them to aid in making the 
 wisest choice. 
 
 The Record of Gen. Garfield is voluminous. To properly present it for the candid 
 judgment of the people of the United States involves the history of ail the princi- 
 pal scandals which have vexed the public mind for many years, and brought our 
 character and institutions into reproach the world over. This disgraceful record 
 would have rendered Gen. Garfield's nomination, even by ihe Republican party, 
 for the Presidency impossible, had such a misfortune been supposed possible. 
 His nomination was an accident. Every argument used by so called reform Re- 
 publicans against Blaine, applies with even more force to Garfield. 
 
 We have arranged his record in the following order : 
 I. The Credit Mobilier Fraud. 
 II. The District of Columbia Ring and the De Golyer Bribe. 
 
 III. The Sanborn Frauds. 
 
 IV. The Back Pay Grab and the Salary Steal. 
 
 V. The Indian Ring— Garfield's Services in its Behalf. 
 VI. Encouraging and Defending Petit Larceny. 
 VII. Garfield the Champion of O. O. Howard. 
 
 VIII. The Black Friday Scandal— Garfield's Effort to Suppress the Truth, y 
 IX. Garfield the Friend of Robeson. 
 X. Garfield Champions Geo. F. Seward. 
 XI. The Electoral Commission. 
 XII. Three Monstrous Grievances. 
 
 XIII. The Pacific Mail Steal. 
 
 XIV. The Moth Swindle. 
 
 XV. Garfield and the Laboring Men. 
 XVI. Some of Garfield's Votes. 
 XVII. Garfield and Gen. Shields. 
 XVItl. Garfield against Free Salt. 
 XIX. The Judgment of his Republican Constituents. 
 
THE ORKDIT MOBILIKR FRAUD. 65 
 
 THE CREDIT MOBILIER FRAUD. 
 
 In our exposition of General Garfield's connection with the Credit Mobilier, the 
 
 monster fraud of the nineteenth century, we desire to do him no injustice. The 
 
 following is his defence in his own language, furnished by him for a campaign 
 
 biography, written by Colonel Russell H. Conwell, of Massachusetts : 
 
 In reference to myself, the loUowing points are clearly established by the evidence : 
 1. That I neither purchased nor agreed to purchase the Credit Mobilier stock which Mr, Ames 
 offered to sell me, nor did I receive 8uy dividend arising from it. This appears from my own testi- 
 mony, and ffom the first testimony given by Mr. Ames, which is not overthrown by his subsequent 
 statements ; and it is strongly confirmed by the fact that, in the case of each of those who did 
 purchase the stock there was product-d as evidence of the sale either a certificate of stock, receipt 
 of i)ayment. a check drawn on the name of payee, or entries in Mr. Ames' diary of a stock account 
 marked, adjusted and closed, but that no one of these evidences exist in reference to me. This 
 position is further confirmed by the sub-iequent testimony of Mr, Ames, who, although he claims 
 that I did receive $329 from him on account of the stock, yet repeatedly testifies that, beyond 
 that amount, I never received or demanded any dividend ; tliat he did not ofter me any, nor was 
 the sabject alluded to iu conversatiim between us. 
 
 Mr, Ames admits, on page 40 of the testimony, th.it after December, 1867, the various stock and 
 bond dividends on the stock he had sold amounted to an aggregate of more than eio;ht hundred 
 perce t, and that between January, 186S, and May, 1871, all these dividends were paid to several 
 of those who purchased tlie stock. My conduct was wholly inconsistent with the supposition of 
 such ownership, for during the j • ar 1HQ9 I was borrowing money to build a house in Washington, 
 and was securing my creditors by givinsf mortgages on my property ; and all this time it is admit- 
 ted tiiatl received no div dends and claimed none. The attempt to prove a sale of the stock to me 
 is wholly inconclusive, for it rests, first, on a check payable to Mr, Ames himself, concerning 
 which he several times says he does not know to whom it was paid ; and, second, upon loose un- 
 dated entries in his d ary which neither prove a sale of stock nor any payment on account of it. 
 The only fact from wliich it is i)ossible for Mr. Ames to have inferred an agreement to bny the 
 stock was tlie loan to m ; of $300, But that loan was made months before the check of June 22, 
 1868, and was r< paid in the winter of 1869; and after that date there were no transactions of any 
 sort between us. And, finally, before the inve8ti":atioa was ended, Mr, Ames admitted that, oa 
 the chief poinc of difference between us, he might be mistaken. 
 
 The initial exposure of the Credit Mobilier was made by the New York Sun, 
 September 12, 1872, when the testimony of Henry S. McComb and the letters of 
 Ookes Ames were first printed. General Garfield's first statement of his connec- 
 tion with the swindle was made from his dictation by the Washington corres- 
 pondent of the Cincinnati Gazette and will be found in that paper of September 
 16, 1872, as follows : 
 
 GENERAL GARFIELD'S STATEMENT IN 1872. 
 General Garfield, who has just arrived here from the Indian country, has to-day bad the first 
 opportunity of seeingthe charfjes connecting his name with receiving shares of the Credit Mobilier 
 from Oakes Ames. He authorizes the statement that he never subscribed for a single share of that 
 stock, and that he never n-ceived or saw a share of it. When the company was first formed, George 
 Francis Train, then active in it, came to Washington and exhibited a list of suoscribers of leading 
 capita ists and some members of Congress to the stock of the company. The subscription was 
 depcrihed as a popular one of one thousand dollars cash. Train urged the General to subscribe on 
 two occasions and each time he declined. Subsequently he was again informed that the list was 
 nearly completed, but that a chance remained for him to subscribe, when he again declined, and to 
 this day he has not subscribed or received any share of stock or bond of the company. It is well 
 known here that under the Durant regime it was claimed by Durant arid George Francis Train 
 that some six hundred thousand dollars of the company's money was used in Washington; but 
 when t!ie company attempted to obtain the vouchers and names of the parties to whom payments 
 had been made, it was impossible to obtain anytliing but vague and unsatisfactory statements. 
 The list which the liberal papers are now circulating bear a very close resemblance to many others 
 originating with George Francis 1 rain, 
 
 WHAT THE CINCINNATI GAZETTE SAID LATER. 
 
 After Oakes Ames produced his famous memorandum book before the Poland 
 Committee, and the whole truth about General Garfield's connection with the 
 Credit Mobilier fraud was made plain, Gen. Boynton telegraphed to the Cincin- 
 nati Gazette as follows : 
 
 From the Cincinnati Gazette, Jan. 23, 1873. 
 
 Ames' testimony to-day, fortified as it was by transcripts from his books, has created more sen- 
 sation than any incident of a congressional investigation for many years. It left Mr. Colfax in the 
 same p osition as Senator Patterson, except that there was no final settlement. 
 
56 THE CREDIT MOBILIER FRAITD. 
 
 Both Garfield and Kelley took ten shares and Ames carried them and let the dividends pay 
 for the Investment. Both received the flrst dividends in bonds, which Ames sold and applied on 
 their purchase, and both received the balance due from the second cash dividend, $329, in stock 
 from the Sereeant-at-Arms. 
 
 He never had any talk with either about the transaction being one of borrowed money, until 
 since the investij^ation began. Garfield called on him to consider that it was borrowed. 
 
 The Gazette, commenting editorially on Ames' testimony, said : 
 
 After a full belief, founded upon such information as could be obtained here, that the denials 
 (Garfield and others), were all true in the unqualified sense in which the public received them, it was 
 very far from pleasant to know that the committee of investigation had scarcely touched the mat- 
 ter in hand before the whole fabric of denial fell, and evkkt one whose name appeared on the 
 Oakes Ames'' list, was found to be a greater or less degree involved." 
 
 The New York Tribune, commenting on the above, said: " This is the o/nnion of7nore than half 
 the commimity.'" 
 
 GEN. GARFIELD'S SWORN STATEMENT. 
 
 On January 14, 1S73, Gen. Garfield testified as follows (See Poland Report, 
 Oredit MoUlier, pages 128-9) : 
 
 The first I ever heard of the Credit Mobilier was some time in 1866 or 1867—1 cannot fix the 
 •date— when George Francis Train called on me and said he was organizing a company to be known 
 as the Credit Mobilier of America ; to be formed on the model of the Credit Mobilier of France ; 
 that the object of the company was to purchase lands and build houses along the line of the Pacific 
 Railroad at points where cities and villages were likely to spring up ; that he had no doubt money 
 thus invested would double or treble itself each year; that subscriptions \vere limited to $J,000 
 «ach, and he wished me to subscribe. He showed me a long list of subscribers, among them Mr. 
 Oakes Ames, to whom he referred me for further information concerning the enterprise. I an- 
 swered that I had not the money to spare, and if I had I would not subscribe without knowing 
 more about the proposed organization. Mr. Train left me, saying he would hold a place open for 
 me, and hoped I would yet conclude to subscribe. The same day I asked Mr. Ames what he 
 thought of the enterprise. He expressed the opinion that the investment would be safe and profit- 
 able. 
 
 I heard nothing further on the subject for a year or more, and it was almost forgotten, when 
 sometime, • should say, during the long session of 1868, Mr. Ames spoke of it again ; said the 
 company had organized, was doing well, and he thought would soon pay large dividends. He said 
 that some of the stock had been left or was to be left in his hands to sell, and I could take the 
 amount which Mr. Train had offered me, by paying the $1,000, and the accrued interest. He said 
 if I was not able to pay for it then, he would hold it for me till I could pay, or until some of the 
 dividends were payable. I told him I would consider the matter ; but would not agree to take any 
 stock until I knew, from an examination of the charter and the conditions of the subscription, the 
 extent to which I should become pecuniarily liable. He said he was not sure, but thought a stock- 
 holder would be liable only for the par value of his stock ; that he had not the stock and papers 
 with him, but would have them after a while. 
 
 From the case, as presented, I probably should have taken the stock if I had been satisfied 
 in regard to the extent of pecuniary liability. Thus the matter rested for some time, I think until 
 the following year. During that interval I understood that there were dividends due amounting 
 to nearly three times the par value of the stock. But in the meantime I had heard that the com- 
 pany was involved in some controversy with the Pacific Railroad, and that Mr. Ames's right to 
 sell the stock was denied. When I next saw Mr. Ames I told him I had concluded not to 
 take the stock. There the matter ended, so far as I was concerned, and I had no further knowl- 
 ■edge of the company's operations until the subject began to be discussed in the newspapers 
 last fall. 
 
 Nothing was ever said to me by Mr. Train or Mr. Ames to indicate or imply that the Credit 
 Mobilier was or could be in any way connected with the legislation of Congress for the Pacific 
 Railroad or for any other purpose. Mr. Ames never gave, nor offered to give, me any stock or 
 other valuable thing as a gift. I once asked and obtained from him, and afterward repaid to him, 
 a loan of $300 ; that amount is the only valuable thing I ever received from or delivered to him. 
 
 I never owned, received, or agreed to receive any stock of the Credit Mobilier or of the Union 
 Pacific Railroad, nor any dividend or profits arising from either of them. 
 
 OAKES AMES DESIRED TO SCREEN GARFIELD. 
 
 Oakes Ames' first- impressions of the Credit Mobilier were remarkably similar 
 to those of Gen. Garfield. Gen. Garfield, in his sworn statements, says that he 
 obtained his first information, in 1866 and 1867, from George Francis Train. 
 Oakes Ames testified as follows {see page 38, Poland Report, Credit Mobilier) : 
 
 Q. Can yon tell us when the Credit Mobilier was chartered by the Pennsylvania Legislature ? 
 A. No, sir, I cannot. I had nothing to do with the Credit Mobilier until 1865, I think. 
 
 Q. It was prior to 186.5, then ? A. My impression is that it was an old charter that George 
 Francis Train had control of. Mr. Durant bought it of him. Mr. Durant was one of the first 
 stockholders of the Union Pacific Railroad. 
 
 Q,. When did this corporation, known as the Credit Mobilier, become interested in the con- 
 struction of the Union Pacific Railroad ? A. I think ir had something to do with some of the early 
 contracts which are set forth in this paper printed here. There was the Hoxie contract, which, if 
 I am not mistaken, was run by the Credit Mobilier. It was used in this way, in some shape, for a 
 year or two before I had anything to do with it. I think the first contract for the Credit Mobilier 
 was the Hoxie contract, and the dates of it, ad given here, were August 8, 1864: May 12, 1864; and 
 October 1, 1864. 
 
THE CREDIT MOBILIER FRAUD. 57 
 
 When Mr. Oakes Ames first testified before the Poland Committee he was 
 desirous of shielding all the members of Congress to whom he had given Credit 
 Mobilier stock. It will be remembered that the committee first sat with closed 
 doors; that its proceedings Avere secret; that after Ames had testified each one 
 of the implicated Congressmen came before the committee and made their 
 written statements. It is a fact generally known, often stated and never denied^ 
 that after the committee to investigate had been raised all of the implicated 
 Congressmen met with Mr. Ames in the Committee-room on Pacific Railroads of 
 the House, and there agreed among themselves : First, as to what Ames was to 
 testify to; and, Second^ how each one implicated by him was to answer before 
 the committee. In pursuance of this agreement Oakes Ames, December 18, 
 1872, appeared before the committee, when Mr. McMurtric, his counsel, read a 
 paper which he had prepared. It was a general statement of Mr. Ames' connec- 
 tion with the Credit Mobilier. In this paper he speaks of the transactions he had 
 with the various members of Congress. To show how anxious he was to screen 
 them we quote what he said of Mr. Colfax {see ijage 20, Poland Meport, Credit 
 Mobilier) : 
 
 Mr. Colfax is one mentioned. I cannot remember which of us first mentioned the subject, but I 
 know he wanted to get some stock. 1 am pretty confident he has paid me for it, though it was 
 never transferred to him, nor can I remember having paid over to him any dividends. At the 
 next session he said something about that thing being off. 
 
 He dismissed Gen. Garfield as follows: 
 
 I agreed to get ten shares of stock for him, and hold it until he could pay for it. He never 
 did pay for it or receive it. 
 
 "When examined by the Chairman of the Committee in regard to Gen. Garfield^ 
 
 Mr. Ames testified as follows {see page 28, ibid) : 
 
 BUT AMES SWORE HE HAD THE STOCK. 
 
 Q.— In reference to Mr. Garfield you say that you agreed to get ten shares for liim, and so hold 
 them until he could pay for them, and that he never did pay for them, nor receive them ? A. 
 Yes, sir. 
 
 Q. He never paid any money on that stock, nor receive any money from it ? A. Not on ac- 
 count of it. 
 
 Q. He received no dividend ? A. No, sir, I think not. He says he did not. My own recollec- 
 tion is not very clear. 
 
 Q. So that, as j'ou understand, Mr. Garfield never parted with any money nor received any 
 money on that transaction ? A. No, sir. He had some money from me once— some three or four 
 hundred dollars— and called it a lioaii. He says that is all he ever received from me, and that he 
 considered it a loan. He never took his stock, and never paid for it. 
 
 Q. Did you understand it so ? A. Yes; I am willing to so understand it. I don't recollect pay- 
 ing him any dividend, and have forgotten that I paid him any money. {See page 3.^, Jbid.) 
 * ***** 
 
 Q,. Did you solicit all these members of Congress to take stock ? A No; I think most of them 
 Bolicited me. 
 
 Q. Was not stock promised to any members of Congress prior to the summer or fall of 1867, by 
 you, or to your knowledge ? A. Some members of Congress owned it before this, aud I think 
 some members of Congress had spoken to me about it. I told them I would try to get some, but 
 we had none to give them until the stock held by Mr. Durant, not being paid for, was transferred 
 to the company. I had sold some of my own stock to parties. . 
 
 Q. When was the act passed which subordinated the Government loan to that of the Union 
 Pacific Railroad Company ? A. In 1864. ^ i. . , 
 
 Q. Did any members of Congress hold any of this stock prior to that time ? A. I think not. 
 I do not know of any. I had nothing to do with it until long after that time. 
 
 TIIEY DID NOT WANT IT WHEN IT WAS DANGEROUS. 
 
 Q. When you received money from these gentlemen for stock was it assigned to them, or did 
 it still remain in your name ? A. It still remained in my name ; most of it. 
 
 Q. Why was it not assigne-' ? A. I don't know of any reason, except that when a man buy& 
 stocK and keeps it there is no use of transferring it ; when the suit of Mr. McComb was brought^ 
 they did not, any one of them, want to own the stock. 
 
 "'** * * * * 
 
 Q. Who received ihe dividends ? A. Mr. Patterson, Mr. Bingham. James F. Wilson did, and 
 I think Mr. Colfax received a part of them. I do not know whether he received them all or not. 
 I think Mr. Scofield received a part of them. Messrs. Kelley and Garfield never paid for their 
 stock, and never received their dividends (see page 41, ibid). 
 
 * * * * * * 
 
 Q. Had not a Congressional investigation into the affairs of the Union Pacific Railroad Com' 
 
58 THE CREDIT MOBILIER FRAUD. 
 
 pany and the Credit -Mobilier, one or both of them, been thmatoncd prior to Jannary 30, 1S08 ? 
 A. I do not know wheiher there had or not. It used to be talked about bometimed up there in New 
 York. I do not know that I ever heai d anything of it htre. 
 
 Q. Wag there or not an investigation by Congress referred to in yonr letter to Mr. McComb of 
 January 30, 18G8, in wluchyou say, " I do noc fear any invesnigution here." A. Yed, probably ; I 
 had nothing to fear from an investigation. 
 
 Q. ThenaCoiigresKionalinvestigatiouhad been suggested prior to that time? A. Up there in 
 New York ; not here, that I know of. 
 
 Q. You say in the same letter that, in view of King's letter and Washburn's move, you ro in 
 for making the bond dividend in full. What did you refer to by " Washburn's move " h.!te ? A. 
 Washburn made an attack upou the Union Paciiic Railroad, t!iat we were cliarii;ing loo mucli f tc ; 
 that our lands were enormously valuable, worth five to ten duilars an acre for the alkali r-giuns 
 on the plains; that they were not going to build the ro.id to as to be good for anyihing ; that tao 
 object was to get the Government bonds, and then abandon the roa I to the G :)vernment. 
 
 Q. Had Washburn said anything about an investigation? A. I do not reoollect tU t he had. 
 He wanted to fix a rate of fare by Taw, beyond v hich we could not char^'o. He wanted v. no ba 
 restricted to a certain amount. That was one of the things Lo ciamied. 1 do not remember fully 
 all he did claim. 
 
 Q. In your letter to Mr. McComb of Jannary 25, 1868, you pay yon think that the dividends hav- 
 ing been paid you ought to make the Credit Mobilier ( ipital four mi lions, and distribute the ne.v 
 stock whtre it will protect you, &c. What do you merm by liaving sock placed where ic will i)ro- 
 tect you ? A. Placed with men of character, property and standing. I wanted that sui h men 
 should own it and have interest with us (see pages 46 and 47, ibid). 
 
 * * * ^fr ' * > 
 
 THE TALK IN THE SENATE IN 1869. 
 
 Q,. Are you not aware that in 1869 there was a discussion on thi'^ subject in the Senate, and that 
 opinions were expressed inconsiste t with those you now express ? A. I do not know. Therj 
 have been all kinds of opinions expressed, in tlie Senate a!\d House both, on all subjects. 
 
 Q. Were j^ou not present in a debate in the Senate in April, 186!), in which Mr. Stewart, of Ne- 
 vada, and many other persons participated, in whi -h tln-y thought the whol-s transaction a g'os? 
 and stupendous fraud ? A. I think it very likely that such things were said in the Senate in 1309, 
 and I do not know but Mr. Stewart may have said tlu-m. 
 
 Q. Were you not present when th.it discussion occurred ? A. I di not know. I heard debates 
 probably about that time in the Senate. That was about the ti no, it I remember rigut, when wc 
 were trying to fix the terminal point of the two roads, and I thiu'c it was i.i r.-lation to tint. 
 
 Q. Was it rot in regard to tiie other matter on which you sta'ed t'nut legislation was a'ked, 
 namely, the removal of tlie place of business froMi New York to B 'oton ? A. I cinnot te I yo.i. 
 
 Q. And you do not recollect that you were present at the debate referred to ? A. I have been 
 present when debates in the Senate hiive occurred on questions of that kind. 
 
 Q. You do not recollect a d bate on this subject in which Mr. Ste»vart participated ? A. I re- 
 member something of such a debate. I cannot recollect what Mr. Stewart said. 
 
 JOHN B. ALLEY CORROBORATES AMES. 
 
 John B. Alley, then a member of Congress from Massachusetts, a stockholder 
 in the Union Pacific Railroad and Crodlt Mobilier, Ia his testimony before the 
 Poland Committee, explained how the suit of Henry S. McComb, which re- 
 sulted in the exposure of the Credit Mobilier fraud, came to ^be brought (see 
 pages 91 and 92). 
 
 His counsel. Judge Black, called upon mo, and had several conversations upon the subject, in 
 which he urtred with great force the necessity of Mr. Ames compromising this suit, and said that 
 I, as the friend of Mr. Ames, ought to do everythin,' in my power to save hi ui from buch toiTible 
 disgrace as the publication of these letters would occasion. 
 
 * * * * * * 
 
 Judge Black still insisted that McComb had thess letters, and the names of the parti s ho said 
 were inserted by Ames in the letters, and h ! understood that the names of Colfax, Bontwe 1 and 
 Wilson were among them, also Mr. Garfield. He shoul I be very sorry, he said, to expose Mr. 
 Garfield, who was a particular friend of his. Ho said it would ba found that these gentlemen and 
 several others were stockholders who were also members of Coagreos. 
 
 THE TRUTH CAME OUT BY DEGREES. 
 
 The attempt to smother the investigation and suppress the facts in regard to 
 
 the bribery of members of Congress was too patent to deceive the public. The 
 
 committee sitting with closed doors suHercd no fact in regard to the testimony 
 
 taken by it to reach the press. Public sentiment made itself felt during the 
 
 holiday recess, and when Congress reassembled on January 6, 1873, a resolution 
 
 was introduced in the House and passed directing the committee to sit with open 
 
 doors. Gen, Boynton, the Washington correspondent of the Cincinnati Gazette, 
 
 in Ills dispatch to that paper speaks of this as follows : 
 
 The session of the House to-dav was thi liveliest of the season. The whole session after the 
 morning hour was devoted to the consideration of the Credit Mobilier in one form or other. There 
 was a quiet attempt from several quarters to defeat the attempt to open the doors of the Commit- 
 tee room, but the rentiment of the House was too decided v.wd the i-e:>olntion pa«*sed. 
 
THE CBEDIT MOBILIER FRAUD. 59 
 
 From that day forward the proof came out by degrees. Mr. Colfax, Vice-Pres- 
 ident of the United States and Mr. Patterson, Senator from New Hampshire, had 
 raised a question of veracity between themselves and Oakes Ames. This forced 
 Mr. Ames to tell the whole truth. In the course of his different examinations by 
 the Poland Committee he produced his famous memorandum book, in which he 
 had set down in detail his transactions with all the implicated Congressmen, On 
 January 22, 1873, Mr. Ames was recalled. In the course of that day's examina- 
 tion, after disposing of Mr. Colfax and Mr. Allison, he came to Gen. Garfield. 
 (See page 295, ibid). 
 
 Q. In regard to Mr. Garfield, state to the Committee the details of the transaction between you 
 anrt him iu r ference to Credit Mobilier stock ? A. I got for Mr, Garfield ten shares of the Credit 
 Mobilier stock for which he paid par and interest. 
 
 Q. When did you agree with him for that ? A. That agreement was in December, 1867, or Janu- 
 ar}% 1868 ; about that time ; about the time I had these conversations with all of them. It was all 
 about the same time. 
 
 Q. State what grew out of it ? A. Mr. Garfield did not pay me any money. I sold the bonds 
 belonging to his $1,000 of stock at $97 making $776. In Juue I received a dividend in cash on his 
 stock of $f>00, which left a balance due him of $329, which I paid him. That is all the transaction 
 between us. I did not deliver him any stock before or since. That is the only transaction and the 
 only thing. 
 
 THAT $329 WHICH GARFIELD GOT. 
 
 By Mr. Merrick : Q. The $329 which you paid him was the surplus of earnings on the stock above 
 the amount to be paid for it par value ? A. Yes, sir ; he never had either his Credit Mobilier stock 
 or Union Pacific Railroad stock. The only thing he realized on the transaction was the $329. 
 
 Q. I see in this statement of the account with General Garfield, there is a charge $47; that is 
 interest from the July previous, is it ? A. Yes, sir. 
 
 Q. And the g776, on the credit side of the account is the 80 per cent, bond dividend sold at 97 ? 
 A. Y'es, sir. 
 
 Q. And the $600 on the credit side is the money dividend ? A. Yes, sir. 
 
 Q. And after you had received these two sums, they in the aggregate overpaid the price of stock 
 and interest $3:29, which you paid to him ? A. Yes, sir. 
 
 Q, IIow was that paid ? A. Paid in money I believe. 
 
 Q. Did you make a statement of this to Mr. Garfield ? A. I presume so ; I think I did with all 
 of them ; tliat is my impresssion. 
 
 (^. When }ou paid him this $329, did you understand it was the balance of his dividend after 
 paying for his stock ? A. I supposed so; I do not know what else he could suppose. 
 
 Q. You did not deliver the certificate of stock to him ? A. No, sir ; he said nothing about that. 
 
 Q. Why did he not receive his certificate ? A. I do not know. 
 
 Q. Do you remember any conversation between you and him in the adjustment of these ac- 
 counts ? A. I do not. 
 
 Q. Yon understood that you were a holder of his ten shares ? A. Yes, sir. 
 
 Q. Did he so understand It ? A. I presume so. It seems to have gone from his mind, however. 
 
 Q. Was this the only dealing you had with him in reference to any stock ? A. I think so. 
 
 Q. Was it the only transaction of any kind ? A. The only transaction. 
 
 Q. Has that $329 evtsr been paid to you ? A. I have no recollection of it. 
 
 (^. Have you any belief that it ever has ? A. No, sir. 
 
 Q. Did you ever loan General Garfield $300 ? A. Not to my knowledge; except that he calls 
 this a loan. 
 
 Q,. Ydu do not call it a loan ? A. I did not at the time. I am willing it should go to suit him. 
 
 Q. What we want to get at i:4 the exact truth. A. I have told the truth in my statemerft. 
 
 Q. When you paid him. $329, did he understand that he borrowed that money from you ? A. I 
 do not suppose so. 
 
 Q. Have you any belief now that he supposed so ? A. No; only from what he said the other 
 day. I do not di:<pute anybody. 
 
 Q. We want your judgment of the transaction. A. My judgment of the transaction is just as I 
 told you. There was but one thing about it. 
 
 Q. That amount has never been repaid to you ? You did not suppose that you had any right to 
 it, or any claim to it ? A. No, sir. 
 
 Q. You regarded that as money belonging to him after the stock was paid for ? A. Yes, sir. 
 
 Q. Tliere were dividends of Union Pacific liailroad stock on these ten shares ? A. Yes, sir. 
 
 Q. Did General Garfield ever receive these ? A. No, sir; never has received but $329. 
 
 IT WAS NOT A LOAN. 
 
 Q. And that he has received as his own money ? A. I suppose so; it did not belong to me. I 
 should not have given it to him if it had not belonged to him. 
 
 i^. You did not understand it to belong to you as a loan; you never called for it, and have never 
 received it back ? A. No, sir. 
 
 Q. Has there been any conversation between you and him in reference to the Pacific stock he 
 was entitled to ? A. No, sir. 
 
 Q. Has he ever called for it ? A. No, sir, 
 
 Q. Have you ever offered it to him ? A. No, sir. 
 
 Q. lias there been any conversation in relation to it ? A. No, sir. 
 
 Q. Has there ever been anything said between you and him about rescinding the purchase of 
 the ten shares of Credit Mobilier stock ? Has there anything been said to you of its being thrown 
 up, or abandoned, or surrendered ? A. No, sir; not until recently. 
 
60 THE CREDIT MOBILIER FRAUD. 
 
 Q,. How recently ? A. Since this matter came up. 
 
 Q. Since this investiijation commenced ? A. Yes, sir. 
 
 By Mr. Merrick: Q, Did you consider at tho commencement of this investigation that you held 
 these other dividends, which you hay you did not pay to him, in Ills behalf ? Did you regard your- 
 self as custodian of these dividends for him ? A. Yes, sir; ho paid for his stock and is entitled to 
 hid dividends. 
 
 Q. Will the dividends come to hlra at any time on his demand ? A, Yes, sir, as soon as this suit 
 is settled. 
 
 Q. You say that $^29 was p'xid to him; how was It paid ? A. I presume by a check on the Ser- 
 geant-at-Arm:?. I find there are some checks filed without any letters or inltlald Indicating who 
 they were for. 
 
 Q. Have you had any correspondence since this dividend was paid, with him in regard to this 
 matter ? A. I do not know what matter you refer to. 
 
 Q. If you had auy correspondence between you I would like to sec It, A. I have no copy of it. 
 
 Q. Have you the original ? A, No, sir. Mr. Garfield showed me a letter which he said ho in- 
 tended to inclose with souie money sunt me; I did not know who the money came from • he showed 
 me a letter which he sal<l he intended to have put in; I indorsed on the back of that letter my re- 
 ply ; I just turned over the letter and wrote what I wrote on the back of it, and let him have it. 
 
 Q. Your answer indor-ed on the back of tho lecter was published in the newspapers ? A. Yes, 
 sir; he published the letter, I b -lieve. 
 
 Q,. As publi-lied, did they corre^^pond with your recollection of the papers as written ? A. Yes, 
 sir; I wrote it off hastily: lie came to my room and said he had been accused of all kinds of crimes 
 and misdemeanors; I told him I had made no such statement as he represented; h«^ wanted me to 
 say in writing that I had not; I touk his letter, which he said he intended to have inclosed with the 
 money, and wrote on the back of it that I had made no such statement. 
 
 Q. The published correspondence in the morning papers of the next day is your recollection of 
 what occurred ? A. It agrees wirh my recollection, except that he says he left a letter for me at the 
 Arlington; I never received that letter; I only saw the letter on which I indorsed my answer. 
 
 Q. Did he inclose the money ? A. Some money came to me Inclosed lu an enveloue which, he 
 said he had sent; I gave it b ick to him. 
 
 Q. How much money was in that envelope ? A. Four hundred dollars. 
 
 THE FAMOUS MEMORANDUM BOOK AND CHECK. 
 
 3morandu 
 field, was placed in evidence : 
 
 The following memorandum referred to by mtness as a statement of his account with Mr. Gar- 
 d in e " 
 
 J. A. G. Dr. 
 
 1868. To 10 shares stock Credit Mobilierof A $1,000 00 
 
 Interest . 47 00 
 
 June 19. To cash 329 00 
 
 $1,376 00 
 
 1868. By dividend bonds, Union Pacific Railroad, $1,000, at 80 per cent, less 3 per 
 
 cent , 
 
 June 17. By dividend collected for your account , 
 
 Cr. 
 
 $1,376 00 
 
 On January 29, 1873, Oakes Ames was further re-examined in regard to the 
 ■checks upon the Sergcant-at-Arms of the House of Representatives with which 
 he had paid the different members of Congress their dividends on Credit Mobilier 
 stock (sec pages 353, 4, 5, 6, 7, 8, and 9, ibid.) 
 
 Q. Here is another check upon the Sergeant-at-Arms of the same date, June 22, 1868: " Pay O. 
 A. or bearer $32«, and charge to my accunt. Oakes Ames." That seems to have been paid to 
 somebody and taken up by the Sergeant-at-Arms. These initials are your own ? A. Yes, sir. 
 
 Q. Do you know who had the benefit of that check ? A. I cannot tell you. 
 
 Q. Do you think you received the money on it yourself ? A. I have no idea. I may have 
 drawn the money and handed it to another person. It was paid on that transaction. It may have 
 been paid to Mr, Garfiela. There were several sums of that amount. 
 
 *********** 
 
 Q. Is there any other gen'lemen here in Congress who received $329 dividend except those 
 who have already been named by you ? A. I don't think of any other. 
 
 Q. In regard to Mr. Garfield, do you know whether you gave him a check or paid him the 
 money ? A. I think I did not pay him the money. He got it from the Sergeant-at-Arms upon a 
 check. 
 
 Q. You have testified to the check of $1,200, payable to S. C. or bearer ; also to one $329 to 
 Mr. Allison ; also $329 to \V. D. K.: the same amount to Mr. Wilson, and the same amount to 
 John A. Logan, whose names appear here. These are all the names that appear oh the books of 
 the Sergeant-at-Arms of persons in Congress on that day. Are you satisfied that this check of 
 
 ?i29. In which your own initials are written, was to pay some one a dividend on that stock ? A. 
 OS, sir. I don't know why I should draw a check for $329 except for that purpose. 
 
 * * ** * *** * * * 
 
 Q. You think the check in which you wrote nothing to indicate the price must have been for 
 Mr. Garfield ? A. Yes. sir ; that is my judgment. 
 
 * * * * * * * * * * * 
 
 Q. You say that Mr. Scofield, Mr. Dawes, Mr. Logan, and others with whom you made an 
 
THE CREDIT MOBILIEK FRAUD. 61 
 
 adjastment, they having declined to take the shares of Credit Mobilier stock, did not receive these 
 dividends ? A. No, sir ; they went out after the sixty per cent, dividend ; they had no more to 
 do with it, and they were not entitled to anything more. 
 
 Q. But Mr. Kelley, you suppose, was entitled to receive the dividends, and will receive them 
 when you settle with him ? A. Ye?, sir ; I expect to pay over to Mr. Kelley everything I have 
 received on his stock. 
 
 Q. And in relation to Mr. Garfield ? A. The same in relation to him, if it is not borrowed 
 money. I consider that I sold him the stock and that he holds it. 
 
 Q. You understand that Mr. Kelley and Mr. Garfield have each been bettered $329 by their 
 transactions ? A. That is all there is of it. 
 
 Garfield's telltale figures. 
 
 Q. How many of them have you had conversations with ? A. I have had conversations with 
 almost all of them. 
 
 Q. What the committee want to learn is, whether in conversations with any of these gentlemen 
 they have stated or admitted the matter to be different from what they have testified to before the 
 committee ? A. I hardly know how to answer that question. 
 
 Q. Take any one that occurs to you ; Mr. Merrick suggests Mr. Garfield. A. Mr. Garfield has 
 heen to see me about the matter, and we have talked it over. A part of the time he thinks it was 
 a loan ; sometimes he thinks he has repaid me ; and then again he is in doubt about it. 
 
 Q. You may state whether, in conversation with you, Mr. Garfield claims, as he claimed before 
 us, that the only transaction between you was borrowing $300 ? A. No, sir ; he did not claim that 
 with me. 
 
 Q. State how he does claim it with you ; what was said ; state all that occurred in conversation 
 between you. A. I cannot remember half of it. I have had two or three interviews with Mr. Gar- 
 field. He wants to put it on the basis of a loan. He states that when he came back from Europe, 
 bein^ in want of funds, he called on me to loan him a sum of money. He thought he had repaid 
 it. I do not know. I cannot remember. 
 
 Q. What did you say to him in reference to that state of the case ? A. I stated to him that he 
 never asked me to lend him any money ; that I never knew he wanted lo borrow any. I did not 
 know he was short. I made a statement to him, showing the transaction, and what there was due 
 on it , that, deducting the bond dividend and the cash dividend, there was $329 due him, for which 
 I had given him a check ; that he had never asked me to loan him any money, and I never loaued 
 him any. 
 
 Q. After you had made that statement, what did he state in reply ? A. He wanted to have it go 
 as a loan. 
 
 Q. Did he claim that it was in fact a loan ? A. No, sir ; I do not think he did. No, he did not. 
 
 Q. Go on and state, then, what was said— all the discussion that took place. A. I cannot tell 
 you all ; we had three or four talks. I cannot remember all that was said. 
 
 Q. How long after that transaction did he go to Europe ? A. 1 believe it was a year or two. 
 
 Q. Did you nave any conversation in reference to the influence this transaction would have upon 
 the election last fall ? A. Yes ; he said it would be very injurious to him. 
 
 Q. What else in reference to that ? A. I am a very bad man to repeat conversation ; I cannot 
 remember. 
 
 Q. State all that you know in reference to it. A. I told him he knew very well that that was a 
 diviaend. I made out a statement, and showed it to him at the time. In one conversation he 
 admitted it, and said, as near as I can remember, that there was- $2,400 due him in stock and bonds. 
 He made a little memorandum of $1,000 and $1,400, and, as I recollect, said there was $1,000 of 
 Union Pacific Railroad stock, $1,000 of Credit Mobilier stock, and $400 of stock or bonds, I do not 
 recollect what. 
 
 WHEN GARFIELD MADE THE FIGURES. 
 
 Q. When was that memorandum made ? A. It was made in my room ; I cannot remember the 
 date. It was since this investigation commenced. 
 
 Q. Was it in that conversation that he referred to the influence this matter would have upon 
 the election in his district ? A. I do not recollect whether it was in that one or some other. I have 
 had two or three conversations with him. 
 
 Q. Tell us, as nearly as you can, precisely the remarks he made in that connection. A. It was 
 that it would injure his reputation : that it was a cru«l thing. He felt very bad, was in great dis- 
 tress, and hardly knew what he did say. 
 
 Q. Did he make any request of you to make no statement in reference to it ? A. I am not posi- 
 tive about that. 
 
 Q. What is your best recollection in reference to it ? A. My impression is that he wanted to 
 say as little about it as he could, and to get off as easily as he could. That was about the conver- 
 sation I had with him, about the long and short of it. 
 
 Q. Have you the memorandum that Mr. Garfield made ? A. I have the figures that ho made. 
 
 Paper shown to the committee, containing figures as follows; 
 " $1,000 
 1.400 
 
 $2,400 " 
 
 Q. You say these figures were made by Mr. Garfield ? A. Yes, sir. 
 
 Q. What do these sums represent ? How did he put them down ? A. $1,000 Union Pacific Kail- 
 road stock, $1,000 Credit Mobilier stock, and $400 which he could not remember whether it was 
 to be in cash, srock or bonds. 
 
 Q. Is that what he had received, or what he was entitled to ? A. What he was entitled to. 
 
 Q. That was his idea of what was comint; to him ? A. Yes, sir. 
 
 Q. Was that about what he would have been entitled to ? A. He would have been entitled to 
 the $1,000 in stock, and he would have been entitled to more than that. The $400 I think he is iu 
 «rror about. I gave him $329; I do not know whether the $400 referred to that. 
 
 Q. Did he put this dowA W Ws recollection of the statement you made to him ? A. I so under 
 stood It. 
 
62 THE CREDIT MOBILIER FRAUD. 
 
 By Mr. Merrick: — Q. It was in this conversation that these figures were made— that he depre- 
 cated the efff ct of the matter upon his election ? A. I do not know about his election; it was about 
 his prospects, his reputation, &c. 
 
 Q. I understand that, in substance, he desired you to say as little as possible about it ? A. Yes, 
 sir; and that is my desire. 
 
 Q. Will you repeat just about what he did say ? A. I cannot remember the conversation well 
 enough to repeat it. 
 
 Q. You can repeat the substance of it ? A. I have given you the substance of it. 
 
 AMES THOUGHT HE WOULD KEEP THE FIGURES. 
 
 Q. How did you happen to retain that little stray memorandum ? A. I do not know. I found it 
 on my table two or three days afterward. I did not pay any attention to it at the time, until I found 
 there was to be a conflict of testimony, and I thought that might be something worth preserving. 
 
 Q. This conversation was in your room, and the figures made there ? A. Yes, sir. 
 
 Q. Do I understand you that this loan which Mr. Garfield claims to have been made was in 
 reference to a trip to Europe taken by him a year or two afterward ? A. I do not know when he 
 took his trip. I know he aid not go during that session of Congress. This payment was made to 
 him during that session of 1867-'68. 
 
 Q. Do you know whether he went during that recess following ? A. I cannot say; I do not 
 know. 
 
 Q. Do you not know that he did not go to Europe for nearly two years afterward ? A. No, I do 
 not. It is my impression it was two years afterward, but I cannot remember dates. People ask me 
 about things that occurred a year ago, and I cannot tell whether it was ten years ago or one. 
 
 By the Chairman: Q. Did you understand in this conversation you had with General Garfield 
 that you detailed to him the history of this matter as to how the statement you had lot him have 
 was made up; and did you understand him to concede your statement about it to be the truth? 
 A. Well, I cannot say. Ee would not have been very apt to recollect the amount there was due to 
 him if he had not acceded to my statement. 
 
 Q. From the whole conversation— from what he said and the figures that he made, did you un- 
 derstand him to concede the statement you had made to him as about the truth ? A. Yes, I so 
 understood him. 
 
 Q. That statement you made to him was in substance the statement you have made to us iu 
 reference to him ? A. Yes, sir. 
 
 AMES EXHIBITED THE FAMOUS MEMORANDUM BOOK. 
 
 On February 11, 1873, Mr. Ames exhibited to the committee the entry ia his 
 
 memorandum book which showed his transactions with Gen. Garfield and other 
 
 members. It will be observed in Gen. Garfield's defense of himself, furnished to 
 
 the author of his biography, as given above, that he said: 
 
 In the case of each of those who did purchase the stock there was produced as evidence of the 
 sale either a certificate of stock, receipt of payment, a check drawn in the name of the payee, or 
 entries in Mr. Ames' diary of a stock account, marked, adjusted and closed, but that no one of 
 these evidences exists in reference to me. 
 
 Contrast with this statement the following from the testimony of Oakes Ames, 
 page 459, Poland Report : 
 
 Q,. Now turn to any entries you may have in reference to Mr. Garfield. A. Mr. Garfield's pay- 
 ments were just the same as Mr. Kelley's. 
 
 Q. I find Mr. Kelley's name on the list of June dividend payments for $329. That I understand 
 you to be the amount of th ; June dividend after paying the oalancedue on his stock? A. Yes, sir; 
 the general statement made up for Mr. Garfield is as follows: 
 
 OARFIKLD. 
 
 10 shares Credit M 1,000 
 
 7 mos. 10 days , 43 36 
 
 1,043 3t> 
 80per ct. bd. div., at 97 776 
 
 267~3J 
 Int'et to June 20 3 61 
 
 271 00 
 
 1.000 C. M. 
 1,000 U. P. 
 
 Q,. You received S600 cash dividend on his ten shares? A. Yes, sir. 
 
 Q. And, as you say, paid him $329, as the balance of the dividend due him? A. I think I did. 
 
 Q. In this list of names for the June dividend Mr. Garfield's name is down for $339? A. That 
 would be the balance due. 
 
 Q. The cross opposite his name indicates that the money was paid to him? A. Yes, sir. 
 
 Mr. Clark remarked that Mr. Ames was not certain whether th.d amount was paid Mr. Garfield 
 by check or in currency. 
 
 The Witness: If I drew the check I may have paid him off in currency, as I find no chock with 
 initials corresponding to his. 
 
 Q. We find three checks for the amount of $.329 each; one is in blank; there are no in'tials 
 written in. There are, however, the same number of checks for that amount a-i are called f < r by 
 the names on this list for that amount. A. I am not sure how I p lid Mr. Garfield; I paid him ia 
 some form. 
 
THE CREDIT MOBILIEU FRA.UD. C3 
 
 THE COMMITTEE CONDEMN GARFIELD. 
 
 The committee, ia their report to the House of Representatives, which was 
 unanimous, having been signed by every member of the committee, found in re- 
 gard to Gen. Garfield as follows (see page 7 of report) : 
 
 MR. JAMES A. GARFIELD, OF OHIO. 
 
 The facts in regard to Mr. Garfield, as found by tiie committee, are identical with the case of 
 Mr. Kelley to the point of reception of the clieclj for $329. He agreed with Mr. Ames to take ten 
 8han-s of Crydit Mobilier stock, but did not pay for the same. Mr. Ames received the 80 per cent, 
 dividend ia bonds, and sold them for 97 per cent., and also received the 60 per cent, cash dividend, 
 which together paid the price of the stock and interest, and left a balance of $329. This sum was 
 paid over lo Mr. Garfleld by a check on tlie Sergeant-at-Arms, and Mr. Garfield then understood 
 tiiis sum was the balance of dividends after paying for the stock. Mr. Ames received ail the sub- 
 sequent dividends, and the committee do not find that, since the payment of the $329, there has 
 been any communication between Mr. Ames and Mr. Garfleld on the subject until this investiga- 
 tion l)egan. Some correspondence between Mr. Garfleld and Mr. Ames, and some conversations 
 between them during this investigation, will be found in the reported testimony. 
 
 THE HISTORY OF THE CREDIT MOBILIER OF AMERICA. 
 
 The Credit Mobilier of America was originally the Pennsylvania Fiscal Agency. 
 It was incorporated by the legislature of that State November 1st, 1859. The 
 powers conferred upon this corporation was something wonderful. It was em- 
 powered to carry on every sort of financial business except banking, without indi- 
 vidual liability on the part of these stockholders. The company had been 
 organized before the war of the rebellion, a part of its stock subscribed and an 
 installment thereon paid in. Among the incorporators were Duif Green, David 
 li. Porter, formerly governor of the State of Pennsylvania, and a number of 
 other capitalists of that state. The promoter of this enterprise was Duff Green, 
 and his intention was to use it in building a Southern Pacific Railroad along the line 
 since adopted by the Texas Pacific Railroad Company. While Durant, Ames, 
 IMcComb, Bushnell and the other directors of the Union Pacific Railroad were en- 
 deavoring to evolve from their heads a plan whereby they might execute the Hoxie 
 contract without incurring individual liability, Geo. Francis Train, who knew of 
 Green's corporation, suggested to Durant the idea of purchasing it. There was 
 one difficulty, however, in the way. None of the officers of the company were 
 to be found except the secretary, a man by the name of Barnes. Duff Green, the 
 president and the owner of a majority of the stock, was in the service of the Con- 
 federacy, but Barnes got together a few of the stockholders, organized anew the 
 concern and sold it to Durant through Geo. Francis Train. At the suggestion of 
 Train the name of the corporation was changed to the Credit iVIobilier of America. 
 
 THE HISTORY OF THE UNION PACIFIC RAILROAD. 
 
 The germ of the Pacific Railroad legislation was the charter granted by the 
 pro slavery legislature of the Territory of Kansas in 1855 for the Leavenworth, 
 Pawnee and Western Railroad Company, which afterwards became the Union 
 Pacific, eastern division, sometimes called the Denver Pacific. It is a notorious 
 fact that this company furnished the funds used in Congress in 1863 to promote 
 the Pacific Railroad bill, under which all Pacific railroads obtained their sub- 
 sidies from the Government of the United States. The Act of 18G2 contemplated 
 n:i organization composed of men from all quarters of the country, so that the 
 stock might be distributed in an equitable manner to the different sections. 
 There were one hundred and fifty-eight corporators named in the bill. The 
 main features of this act were first to incorporate the persons named with five 
 commissioners designated by the Secretary of the Interior under the name and 
 style of the Union Pacific Railroad Company, who were r.uthorizci to build pad 
 maintain a railroad from the ICCtli meridian to the western boundary of Nevada 
 Territory. The capital stock ',.as a liunilrcd millions of dollars, divided into 
 
64 THE CREDIT MOBILIER FRAUD. 
 
 shares of $1,000 each ; not more than 200 shares to be held by any one person. 
 As soon as 3,000 shares or two per cent, of the stock was taken, and 
 |10 a share, or one per cent, paid, the President and the Secretary of 
 the Board of Commissioners were to designate the time at which the subscribers 
 to the stock should meet and elect officers. The right of way was granted 
 through all the public domain, with all necessary grants for stations, buildings, 
 workshops, side tracks, etc., and alternate sections of land for ten miles on 
 each side of the road. In addition there was granted United States bonds at the 
 rate of $16,000 per mile for about 150 miles, $48,000 per mile for 300 miles, to 
 include the section crossing the Rocky Mountains and the Sierra Nevada, and 
 $32,000 per mile for about 850 miles included between the two ranges named. 
 These bonds were declared to be a first mortgage upon the road, and the grant 
 was made upon the express condition that they should be paid at maturity, and 
 all compensation for services rendered to the Government was to be applied to 
 pay the interest on said bonds and five per cent, of the yearly earnings of the 
 road was to be reserved and applied to the payment of the principal of said 
 bonds. 
 
 THE LEGISLATION OF 1864. 
 
 The legislation of 1864 was mainly the means by which fifty millions of dollars 
 were stolen from the people of the United States in the construction of the Union 
 Pacific Railroad. Gen. Garfield was then a member of Congress. He voted for 
 the Act of 1864 and against an amendment offered by Mr. Washburne of Illinois, 
 which prevented the subordinating of the security of the United States to that of 
 the railroad companies (see Congressional Olohe, vol. 53, p. 3267). 
 
 The Act of 1864 doubled the land grants, abandoned the government security 
 by making its bonds a second mortgage upon the property of the road, and pro- 
 vided that only one-half of the earnings from government freights should be ap- 
 plied to pay the interest upon the government bonds. By this act the railroad 
 company was authorized to issue first mortgage bonds equal to the amount 
 granted by the government, which became a prior lien on the road. Up to this 
 time no work, save on the eastern division, had been done towards the completion 
 of the road. In all there was less than 20 miles built and in running order. The 
 Union Pacific Railroad Company, however, claimed that they had $2,000,000 of 
 stock subscribed, $200,000 paid in, and to have expended $800,000. During 
 the debate in the House of Representatives on this bill in 1864, Mr. Elihu B. 
 Washburne said (see vol. 53, p. 351, Gongremonal Globe) : 
 
 E. B. WASHBURNE DENOUNCED THE ACT OF 1864. 
 
 Mr. Washburne, of Illinois. Who are the men who are here to lobby this bill through ? 
 Have the men of high character and of national reputation whose names were at an earlier period 
 connected with this enterprise been here, animated by u commendable public spirit, by motives of 
 patriotism, to ask iis to pass this bill ? I have not heard of such men being here for that purpose, 
 but on the other hand, the work of " putting the bill through " has gone into the hands of such men 
 AS Samuel Hallett and George Francis Train, par nobUefratrum. 
 
 Mr. Washburne, of Illinois, in opposing the provisions of this act of 1864, which gave the 
 company the right to issue first mortgage bonds and make the government lien on the road 
 secondary to the mortgage which secured the bonds issued by the company {Globe, volume 53, page 
 3152), said : 
 
 "I come now to the tenth section of the bill, and I confess to a sort of admiration of the 
 sublime audacity which parties must have to come here and ask Congress to enact such u provision 
 into a law. 
 
 "I have called attention to other provisions of an extraordinary nature, but this proposed enact- 
 ment throws all others far into the shade, and stands out in bold relief as an indication of the • base 
 uses' that this company have conceived that Congress may be put to in their behalf. I carefully 
 read the section, that every gentleman mav know its exact meaning and purport : 
 
 " Sec. 10. Avd be it further enacted. That bection five of said act be so modified and amended 
 that the Union Pacific Railroad Company, the Central Pacific Railroad Company, and any other 
 company authorized to participate in the construction of said road, may issue their first mortgage 
 bonds on their respective railroads and telegraph lines to an amount not exceeding the amount of 
 the bonds of the United States authorized to be issued to said railroad companies respeciivcly. And 
 
THE CREDIT MOBILIEK FRAUD. 65 
 
 tbe liet of the United States bonds shall be subordinate to that of the bonds of any or either of said 
 comoanies hereby authorized to be issued on their respective roads, property and equipments. And 
 said'section is further amended by striking out the word ' forty ' and inserting in lieu thereof the 
 words ' on each and every section of not less than twenty.' 
 
 SURRENDERING EVERYTHING TO THE CORPORATION. 
 
 "Now, it will be recollected that the fifth section of the existing law provides for the repayment 
 of the bonds issued to the company, and declares that the issue and delivery of them to the com- 
 pany shall ipso facto constitute a first mortgage on the whole line of road and telegraph, together 
 with the rolling stock. This was the security which Confess had a right to demand of any com- 
 pany that should be organized. It Avas its duty to require it unless it was intended to surrender up 
 everything and place the most gigantic interests at the feet of the company, without control and 
 wfthout challenge. We donated, as I have before stated, millions upon millions of acres of the 
 public lands to tne company for this purpose, then we agreed to ^ive our bonds for the amount, 
 with the interest thereon, of $96,000,000, and if Congress had required less than a first mortgage as 
 its security it would, in my judgment, have been derelict in its duty to the country, whose interests 
 in this regard it can alone protect. 
 
 "What is now proposed oy this amendment ? I demand that gentlemen shall look at it ; let the 
 mirror be held up to nature. Nothing less than that the government, with its liability of a hundred 
 millons, shall relinquish its first mortgage and subordinate its lieu to the liens of all the companies 
 created for building the road. The bonds of the United States are to be issued to the company, and 
 the government is to have no prior lien for its security ; but by this provision the company, repre- 
 senting as it may but one per cent, or a little over of the amount that the government is liable for, 
 is to subordinate that government to its own interests, raise money on the means that the govern- 
 ment has furnished, give a first mortgage for the security of that money, and leave the United 
 States as a second mortgagee, obliged to pay oflF the first mortgage before it can be in a position to 
 take advantage of anjr security there 'might "by possibility be as a second mortgagee. But who is 
 wild enough to believe that should the provisions of this section become a law the remaining secu- 
 rity of the government will be worth a straw ? 
 
 " It is worse than idle to contend that ^e shall have any security left for all our liability if this 
 bill shall pass. And further, by the fifth section of the law, bonds cannot be issued till forty con- 
 secutive miles of the road are fully completed and equipped. It is now proposed by this tenth sec- 
 tion to strike out forty and make it twenty. This company, not content with snatching from the 
 government the security it now holds for the bonds it issues, cannot even wait to finish the fort}-- 
 miles of road at present required before grabbihg what is proposed to put into their hands, but they 
 must cut it down so they can go in on twenty miles. Sir, on my responsibility as a representative- 
 I pronounce this as the most monstrous and flagrant attempt to overreach the government and the 
 people that can be found in all the legislative annals of the country. When we look at the original 
 law with all its liberal and just provisions, when we look at the company organized under it and 
 see how far it has failed to meet its proper obligations, and consider the extraordinary amendm«»nt8 
 here proposed, are we not filled with astonishment at what is demanded of ub as the guardians of 
 the people's rights ? Indeed, may we now exclaim: 
 
 " ' Can such things be, 
 And overcome us like a summer's cloud, 
 Without our special wonder ? ' 
 
 WARNINGS WHICH WERE NOT HEEDED. 
 
 "I warn the true friends of the road, I warn Congress and the people what will be the result. 
 The present directors of the company hold for three years, and the whole business of the directors 
 is done by an executive committee of the board, who hold for the same time. The real state. 
 of the case seems to be that the executive committee is the board of directors, and one man is the 
 executive committee." 
 
 The vote on the motion of Mr. E. B. Washburne, to strike out this tenth section 
 subordinating the Grovernment lien, was taken June 24, 1864 {Olohe, vol. 52, p. 
 3244). 
 
 The yeas were 38, nays 81, not voting, 63. Among the yeas were Messrs. Boutwell, Famsworth, 
 Holman, Orth, Scofield, Spalding and E. B. Washburne. 
 
 Among the nays, Messrs. Allison, Ames, Blaine. Brooks, Dawes, Elliott, Kelley and Wilson. 
 Among those not voting, Messrs. Alley, GARFIELD and Hooper. 
 
 The final vote on the passage of the bill was taken June 25, 1864 (see Olohe, vol. 
 53, p. 3267), and resulted, yeas 70, nays 38, not voting 74. 
 
 Among the yeas were Messrs. Allison, Ames, Blaine, Brooks, Dawes, Elliot, Garfield, Hooper 
 and Wilspn. 
 
 Among the nays, Messrs. Boutwell, Holman, Orth, Scofield and E. B. Washburne. 
 
 The bill returned to the Senate, and finally passed on a conference report, which 
 was not printed, the call of E. B. Washburne for the yeas and nays being refused 
 (see Qlohe, vol. 53, p. 3481). 
 
 Under the provisions of the Act of 1862 and the amendments of 1864, the Union 
 Pacific Railroad obtained about twelve millions of acres of land and bonds guaran- 
 teed by the government to the amount of $27,236,512, and was authorized to issue 
 
66 THE CREDIT MORILIER FRAUD. 
 
 :lir^t mortgage bonds to a like amount. The first section of the act of 1863 re- 
 quired a subscription of $2,000,000 to be m.ido, and ten percent, thereon to bo 
 paid before organization. The sum of $2,180,000 was subscribed, and ten per cent., 
 $218,000, paid in, and in October, 1863, the company was organized and the Board 
 of Directors was elected. 
 
 In addition to the first mortgage bonds of the company, and the government 
 bonds of $54,473,024, the company also issued l.md-graut bonds, and income bonds, 
 and stock, amounting in all to about $50,000,000, so that there were assets, inde- 
 pendent of the 13,000,000 acres of public lands, about $111,000,000. 
 
 OVER A MILLION THE FIRST HAUL. 
 
 The first contract for the construction of the road was made with one H. M. 
 Hoxie, who seemed to have been a person of little pecuniary responsibility. His 
 proposal to build and equip one liundred miles of the railroad and telegraph is 
 dated New York, August 8, 1864, signed H. M. Hoxie, by H. C. Crane, attorney. 
 Jt was accepted by the company September 23, 1864. On the 30th September, 
 1864, Hoxie agreed to assign this contract to Thomas C. Durant, who was then 
 Tice-Prcsident and Director of the Union Pacific railroad, or suph parties as he 
 migbt designate. On the 4th of October, 1804, this contract was extended to the 
 'ODC hundredth meridian, an additional one hundred and forty-six and forty five 
 liur»dreth miles, the agreement for extension being signed by Crane as attorney of 
 Hoxie, Hoxie was an employee of the company at the time, and Mr. Crane, who 
 signed as Hoxie's attorney, was Durant's "confidential man," as Durant himself 
 ^expresses Jt 
 
 By this contract and its extension Hoxie agreed to build two hundred and forty- 
 six and forty -five hundreths miles of road, to furnish money on the securities of 
 the company, to subscribe one million dollars to the capital stock, and he was to 
 receive fifty thousand dollars per mile for the work. 
 
 On the eleventh day of October, 1864, an agreement was entered into by Du- 
 rant, Bushncll, Lambard, McComb, all directors of the Union Pacific Railroad 
 Company, and Gray, a stockholder, to take from Hoxie the assignment of his con- 
 tract (wliich assignment he had previously bound himself to make to such persons 
 ixs Durant should designate), and to contribute $1,600,000 for the purpose of 
 carrying the contract out. 
 
 THE EFFECT OF THE LEGISLATION OF 1867, 
 
 The resolution as amended by the Senate was passed and became the law. 
 This \arv changed the time and place of holding the meeting of stockholders of 
 Ihe Union Pacific Railroad Campany from New York, where they had beer 
 <enj©ined by the Courts, to Boston, Mass. While the resolution above referred 
 tto was pending in Congress, Durant, in order to compel his opponents to com- 
 promise with him, announced his determination to make a complete exposure of 
 all the rascality connected with the building of the Union Pacific Railroad. Ac- 
 cor*lmgly he wrote a letter, in which he set out all the facts, and actually mailed 
 it to Mr. Washburne. When his opponents learned of this, they agreed to his 
 c»mproinise, and then went to the jJOst office and got Durant's letter out and 
 destroyed it (see Credit Mobilier Investigation, Poland Committee, Third Session, 
 Forty-second Congress, p. 175). Then Mr. J. M. F. Williams, of Boston, was 
 given the contract to build and equip two hundred and sixty seven and fifty-two 
 ©afi hundredth miles west from the one hundredth meridian, at fifty thousand 
 dollars per mile. This contract he proposed to as-^ign to the Credit Mobilier, of 
 jLmerica, in order to enable it, or the managing directors of the Union Pacific 
 
THE CREDIT MOBILIER FRAUD. C7 
 
 Hailroad through it, to make a profit of about 22,500 dollars»per mile on ninety- 
 eight and one quarter miles of road, which had by this time been completed 
 under the Boomer contract. With reference to this, Mr. Williams was asked: 
 
 Q. Then what purpose had you to propose to build a road that had already been built by the 
 company at a cost to them of less than the amount mentioned in your proposition ? A. We were 
 Identical m interest. The Credit Mobilier and the Union Pacific Railroad Company were the same 
 identical parties. We were building it for ourselves, by ourselves, and among ourselves. There 
 was not twenty thousand dollars interest in it. 
 
 Q. Was this understood at the time ? A. Yes, sir ; it was understood that we were dealing with 
 ourselves to get the control in the right hands. ^ 
 
 Durant again interfered and defeated this project by legal proceedings. Then 
 
 a new device was resorted to on the sixteenth of August, 1867. 
 
 The Poland report says : "The Oakes Ames Contract " was entered into. At this time, one 
 hundred and thirty-eight miles of road had been completed and accepted west of the one 
 hundredth meridian", at a cost of one hundred and twenty-seven thousand dollars per mile. A portion 
 of the road embraced in the Ames contract began at the one hundredth meridian and extended 
 Avestward six hundred and sixty-seven miles, and by the terms of the contract the railroad 
 company was to pay as follows : 
 
 For the first one hundred miles $42,000 per mile $4,200,000 
 
 " next 167 miles, $45,000 per mile 7,515,000 
 
 " 100 " 96,000 " 9,600,000 
 
 " 100 " 80,000 " 8,000,000 
 
 " 100 " 90,000 " 9,000,000 
 
 " " 100 " 96,000 " 9,600,000 
 
 667 $47,925,000 
 
 At the time this contract was made there was an understanding that it was for the benefit 
 of the shareholders of the Credit Mobilier. Ames was the only medium through whom these 
 shareholders should receive the benefits accruing from it. 
 
 This contract was signed on behalf of the railroad company by Oliver Ames, as President pro 
 tempore, who was brother and business partner of Oakes Ames. It was approved by Oliver Anif^s, 
 0. S. Bushnell, Springer Harbaugh, and Thomas C. Durant, as Executive Committee of the Rail- 
 road Company, all of whom, excepting Harbaugh, were interested in the Credit Mobilier. 
 
 Pursuant to the previous understanding that this contract was to be for the benefit of the share- 
 holders of the Credit Mobilier, on the 15th day of October, 1867, it was signed by a tripartite 
 agreement to seven trustees, namely, Thomas C. Durant, Oliver Ames, John B. Alley, Sydnej'' 
 Dillon, Cornelius S. Bushnell, Henry S. McComb, and Benj. E. Bates, all stockholders in the 
 Union Pacific Railroad Company and in the Credit Mobilier, Oliver Ames occupying the anomolous 
 position of president of the railroad company making the contract, and one of the parties to whom 
 it was assigned— all of them were directors of the railroad company. 
 
 It will be seen by this that in order to i)rocure any of the proceeds of this contract, stock- 
 holders of the Credit Mobilier who owned stock in the Union Pacific Railroad Company, were 
 compelled to give an irrevocable proxy to these seven trustees to vote in all cases six-tenths of 
 their railroad slock. 
 
 The stockholders in the two corporations were substantially identical. These proxies were 
 executed and delivered to these trustees ; they represented a majority of the stock, and by this 
 means the entire control of the railroad company passed out of the hands of the stockholders of 
 the latter company, and was reposed in the seven trustees, and for two years they exercised the 
 power thus acquired. 
 
 The management of the affairs of the railroad company during the execution of the work under 
 this contract, was under the control of the beneficiaries thereof, and of course the trustees who 
 acquired this power by means of the proxies above mentioned, were not very anxious to protect 
 the interest of the Union Pacific Railroad Company. 
 
 This Oakes Ames contract extended over 138 miles of road completed and accepted. That portion 
 already completed had cost not to exceed $27,500 per mile, and by embracing these one hundred 
 and thirty-eight miles in the contract, the persons interested derived a profit which enabled them 
 to make a dividend among themselves in less than sixty days after the assignment, as follows : 
 
 Sixty per cent, in first mortgage bonds of the Union Pacific Railroad Company $2,244,000 
 
 Sixty per cent, in stock of the Union Pacific Railroad Company 8,244,000 
 
 This was mainly, if not entirely derived from the owners of the contract over what the one hun- 
 dred and thirty-eight miles had cost. The trustees proceeded to construct the road under this 
 contract, and from a balance sheet taken from the books of the company, it appears— 
 
 That the cost to the railroad company, was $57,140,102 74 
 
 The cost to the contractors, was 27,285,141 99 
 
 Profits .$29,8.54,141 
 
 The Oakes Ames contract was entered into August 16, 1867, and on December 
 9, 1867, Mr. Washburne, of Illinois, introduced House resolution No. 252, to 
 create a Government Commission, with power to regulate freight and passenger 
 rates on the Pacific Railroads, which was referred to the Committee on Pacific 
 Railroads. This resolution provided that the Secretary of War, the Secretary of 
 the Interior, and Attorney- General of the United States, should appoint a Board 
 of Commissioners, whose duty it should be on the first day of July in each year 
 
68 THE CREDIT MOBILTER FRAUD. 
 
 to establish a tariff for freight and passengers over the Union Pacific and Central 
 Pacific Railroads, and their branches, which tariff was to be equitable and just, 
 and not exceeding double the average rates charged on the different lines of rail- 
 road between the Mississippi River and the Atlantic Ocean, and in latitude north 
 of St. Louis, Mo. , and it should not be lawful for said company to charge any 
 sum in excess of the rates so fixed and established. The Committee on Pacific 
 Railroads not reporting on this resolution, it was reintroduced in. the morning^ 
 hour, Monday, January 20, 1868, by Mr. Windom, of Minnesota, and read the 
 first and second time, but the previous question not being seconded, Mr. Higby 
 arose and debated the resolution. It went over under the rules, but came up again 
 March 12, 1868, and debated. Between the reintroduction of this Washburne 
 resolution, on January 20 and March 12, when the debate, which will be quoted 
 hereafter, occurred, the following correspondence between Oakes Ames and H.. 
 S. McComb ensued : 
 
 CAKES AMES' LETTERS, WITH LIST OP ASSIGNMENTS AS GIVEN TO MCCOMB. 
 
 Washington, January 25, 1868. 
 
 Bear Sir : Yours of the 23d is at hand, in which you say Senators Bayard and Fowler have 
 writen you in relation to their stock. I have spoken to Fowler but not to Bayard. I have never 
 been introduced to Bayard, but will see him soon. You say 1 must not put too much in one local- 
 ity. I have assigned, as far as I have §one to, four from Massachusetts, one from New Hampshire, 
 one Delaware, one Tennessee, one Ohio, two Pennsylvania, one Indiana, one Maine, and I have 
 three to place, which I shall put where they will do most good to us. I am hereon the spot, and 
 can better judge where they should go. I think after thfs dividend is paid we should make our 
 capital to four millions, and distribute the new stock where it will protect us, let them have the 
 stock at par, and profits made in the future; the fifty per cent, increase on the old stock I want for 
 distribution here, and soon. Alley is opposed to the division of the bonds; says we will need 
 them, etc. I should think that we ought to be able to spare tiiem, with Alley and Cisco on the 
 Finance Committee— we used to be able to borrow when we had no credit and debts pressing. 
 We are now out of debt and in good credit— what say you about the bond dividend— a part of the 
 purchasers here are poor, and want their bonds to sell to enable them to meet their payment on 
 the stock in the C. M. I have told them what they would get as dividend, and they expect, I 
 think, when ihe bonds the parties receive as the eighty per cent, dividend, we better give ihem the 
 bonds— it will not amount to anything with us. Some of the large holders will not care whether 
 they have the bonds or certificates, or they will lend their bonds to the company, as they have done 
 before, or lend them money. Quigley has been here, and we have got that one-tenth that was 
 Underwood's. I have taken half, Quigley one-quarter, and you one-quarter. J. Carter wants a 
 part of it; at some future day we are to surrender a part to him. 
 
 Yours truly, 
 
 H. S. McCoMB, Esq. OAKES AMES. 
 
 WHERE IT WILL DO MOST GOOD. 
 
 Washington, January 30, 1868. 
 
 Bear Sir: Yours of the 28th is at hand, inclosing copy of letter from, or rather to, Mr. King. 
 I don't fear any investigation here. What some of DuranVs fi-iends may do in New York courts 
 can't he counted upon with any certainty. You do not understand by your letter, what I have done, 
 and am to do with my sales of stock. Yousay none to New Yoi^k. I havk placed some tvith New 
 York, or have agreed to. You must remember it was nearly all placed as you saw it on the list in 
 Ne%o York, and there was but six or eight m. for me to place. I could not give all the world all they 
 might want out of that. You would not want me to offer less than one thousand m. to any one. 
 We allow Durand to place some fifty-eight thousand to some three or four of his friends, or 
 keep it himself. 
 
 I HAVE USED THIS WHERE IT WILL PRODUCE MOST GOOD TO US, I THINK. In view of King''s Ut- 
 ter and Washburne' s move here, I go in for making our bond dividend in full. We can do it with 
 perfect safety. I understand the opposition to it comes from Alley ; he is on the Finance 
 Committee, and can raise money easy if we come short, which I don't believe we shall, and if we 
 do we can loan our bonds to the company, or loan them the money we get from the bonds. 
 The contract calls for a division, and I say have it. When shall I see you in Washington ? 
 
 Yours truly, 
 H. S. McCoMB. OAKES AMES. 
 
 We stand about like this : 
 
 Bonds, first mortgage, received on 525 miles, at 16 m $8,400,000 
 
 Bonds, first mortgage, received on 15 miles, at 48 m 720.000 
 
 Bonds, first mortgage, received on 100 miles, at 48 m 4,800,000 
 
 $13,920,000 
 Ten millions sold and to sell to pay our debts 10,(X)0,00& 
 
 $3,920,000 
 Eighty per cent, dividend on $3,700,000 C. M. of A 3,000,000 
 
 $920,000 
 
 Government bonds received this day 960,000 
 
 Due for transportation four hundred M., one half cash 200,000 
 
 $2,080,000 
 
THE CREDIT MOBILIEK FRAUD. ' 89 
 
 In addition to this we can draw government bonds for two thirds of the work done in advance of 
 track, if we desire it. 
 
 Indorsed on letter as sworn by McComb. 
 
 "Oakes Ames' list of names as showed to me to-day for Credit Mobilier : Blaine, of Maine, 
 3,000; Patterson. l»Jew Hampshire, 3,000; Wilson, Massachusetts. 2; Painter, reporter for Inquirer, 
 3- S. Colfax, Speaker, 2 ; Elliott, Massachusetts, 3 ; Dawes, Massachusetts, 2 ; Boutwell, Mass- 
 achusetts, 2 ; Bingham and Garfield, Ohio ; Scofield andKelley, Pennsylvania; Fowler, Tennes- 
 see. February, 1 1868." 
 
 WE WANT MORE FRIENDS IN CONGRESS. 
 
 Washington, February 22, 1878. 
 Dear Sir: Yours of the 21st is at hand ; am glad to hear that you are getting along so well 
 with Mr. West; hope you will bring it out all satisfactory, so that it will be so rich that we cannot 
 help going into it. I return you the paper by mail that you ask for. You ask me if I will sell some 
 of my Union Pacific Railroad stock. I will sell some of it at par Credit Mobilier of America. I 
 don't care to sell. I hear that Mr. Bates offered his at $300, but I don't want Bates to sell out. I 
 think Grimes may sell a part of his at $350. I want that $14,000 increase of the Credit Mobilier to 
 sell here. We want more friends in this Congress, and if a man will look into the law {and it is 
 difficult to get them to do it unless they have an interest to do so), he cannot help being convinced that 
 we shmUd not be interfered with. Hope to see you here or at New York the lUh. 
 
 Yours truly, 
 
 OAKES AMES. 
 H. S. McCoMB, Esq. 
 
 {See Report Poland Com., pp. 4, 5, 6, 7.) 
 
 THE RELATIONS OF THE CREDIT MOBILIER TO THE UNION PACIFIC EXPOSED 
 
 IN MARCH, 1868. 
 
 It is important to observe that Henry S. McComb swears that on February 1st, 
 1868, Oakes Ames showed him a list of names of members of Congress to whom 
 he had assigned Credit Mobilier stock. This proves that prior to that date, Ames 
 had sold to Gen. Garfield ten shares of the stock of the Credit Mobilier. Imme- 
 diately thereafter the true character of the Union Pacific Railroad enterprise; the 
 existence of the Credit Mobilier; its connection with the Union Pacific Railroad; 
 the enormous profits its stockholders were realizing from the construction of the 
 railroad, and the suit of McComb against Oakes Ames and others, for a part of 
 these profits, were made known in the House and in the Senate. 
 
 On March 12, 1868, the following debate occurred in the House of Representa- 
 tives, on the "Washburne resolution, which Ames, in his letter to McComb of 
 January 30, 1868, refers to as Washburne's move. This was a joint resolution to 
 regulate the tariff for freight and passengers on the Pacific Railroads {see 
 Congresssional Globe, vol. 66, page 1861). 
 
 The next business lying over under the rules was House joint resolution No. 168, to regulate the 
 tariff for freight and passengers on the Union and Central Pacific Railroads and their branches, in- 
 troduced by Air. Windom, January 20, 1868. 
 
 Mr. Garfield: I move to refer it to the Committee on the Post Office and Post Roads, and call 
 the previous question. 
 
 Mr. Washburne, of Illinois: I hope the House will not second the previous question. Let us 
 have a square vote and see who is in favor of this resolution. 
 
 Mr. Dawes: We had a square vote the other day. 
 
 Mr. Washburne, of Illinois : And the gentleman was with the monopolists. [Laughter.] (See 
 vote on Dawes' resolution, page 21.) 
 
 On seconding the previous question there were— ayes 52, nays 51. 
 
 Mr. Washburne, of Illinois: I demand tellers. 
 
 Tellers were ordered; and the Chair appointed Messrs. Garfield and Woodward. 
 
 Mr. Allison: Let the joint resolution be reported in full. 
 
 The Speaker: The clerk not expecting this business to be reached to-day, the joint resolution iB 
 not here; it is on the files at the clerk's oflice. 
 
 Mr. Garfield: I think it is very proper, therefore, to have it referred. 
 
 Mr. Washburne, of Illinois: It is a resolution that ought to be passed. 
 
 The House divided; and the tellers reported— ayes 42, nays 54. 
 
 So the previous question was not seconded. 
 
 The Speaker: The clerk will now report the joint resolution. 
 
 it was read. 
 
 Mr. Washburne, of Illinois, demanded the previous question. 
 
 Mr. Van Horn moved to lay the resolution on the table. 
 
 Mr. Hooper, of Massachusetts, called the yeas and nays; and they were ordered. 
 
 The vote on laying on ihe table stood— yeas 53, nays 70, not voting 66. 
 
 So the House refused to l:iy the bill on the table. 
 
 The Speaker: The morning hour has expired, and the bill goes to the Speaker's table. 
 
 March 20, 1888 (see Globe, vol. 66, p. 2029)— The resolution was again in order, and Mr. C. C. 
 Washburn, of Wisconsin, addressed the House. The following are extracts from his remarks, aa. 
 JMinted in Globe, vol. 67, pp. 269-98, Appendix: 
 
70 THE CREDIT MOBILIER FRAUD. 
 
 GREAT EXAGGERATION ABOUT COST OP PACIFIC RAILROADS. 
 
 Mr. Washburn, of Wisconsin: There is great exaorgeration about the difficulties attending thc- 
 building of these Pacific railroads. If gentlemen want information I will give it to them. I will 
 give the gentleman from Iowa (Mr. Dodge), the very able and distinguished engineer of the road, 
 some of his own fijjures. I will refer to his report of 186S. 
 
 It was asserted in Congress in 1864 that there were miles of this road that would cost ^500,000- 
 per mile to build. Here is my friend's own report made in 1868. The table of grades shows upon 
 the line from Omaha to the eastern line of California, a distance of one thousand six hundred and 
 twenty-two and a half miles: of dead level ground, two hundred and seventy- two miles; from level 
 to twenty feet per mile, six hundred and sixty -five miles; ranging from twenty feet to forty feet, 
 three hundred and forty-three miles; from forty to sixty feet per mile, ninety-six miles; from sixty 
 to eighty feet per mile, eighty-one miles; from eighty to one hundred feet per mile, forty-five miles; 
 from one hundred to one hundred and sixteen feet per mile, thirty-seven miles. 
 
 Such are the grades of this Pacific road as determined by their own engineers. The almost im- 
 passable mountains of which "Pathfinders" and others ^ive such marvellous accounts, when 
 Drought to the unerring test of the engineer's level, dwindle into insignificance. And I think I can 
 safely assert here that there is no sixteen hundred miles of road running in any given direction m 
 the United States that show such easy grades as from Omaha to the line of California. There was 
 much difficulty in determining where the base of the Rocicy Mountains was, but it was finally de- 
 termined in the level valley of the Platte river at Crow Creek crossing, and from that point to the 
 summit of the mountains the distance is only between thirty-one aiid thirty-two miles, although 
 we give them a subsidy of $48,000 per mile for one hundred and fifty miles at this point of the 
 road. 
 
 IT COULD BE BUILT FOR THE GOVERNMEKT SUBSIDY. 
 
 Now, sir, I have asserted that this road can nearly or quite be btiilt with the government sub- 
 sidy. The first five hundred miles are nearly a dead level. I am assured by gentlemen who have 
 traveled over the route that up to the base of the Rocky Mountains it is a dead level, so that the 
 sleepers are laid down for miles and miles on the naked soil without any grading, only a ditch on 
 each side. 
 
 There cannot be a shadow of doubt that your subsidy in bonds will nearly or quite build and 
 equip the road, for this part of the line at least, with the vast grant of lands thrown in. 
 
 I nave always said that this road could be built for the government subsidies, and I reiterate 
 that, provided it is built as other roads are built, by contracting with the lowest bidder. To make 
 the road cost the stockholders no more than absolutely necessary, and at the same time to make it 
 represent a nominal cost that would relieve the stockholders from the appearance of not putting in 
 money of their own, and also to relieve them from the ten per cent, dividend proposition, they re- 
 sort to a device unheard of betore in this country. 
 
 WASBTBURNE TELLS OF THE CREDIT MOBILIER. 
 
 The stockholders in the Pacific road are few in number. They could easily have made a con- 
 tract with themselves for the building of the road, without bids or advertisements of any kind. 
 They could have agreed to have paid themselves one or two hundred thousand dollars per mile, 
 and swelled the nominal cost to such a figure as to neutralize the ten per cent, proviso in regard to 
 earnings. But would such a transaction have been regarded as an honest or legitimate and straight- 
 forward one, and binding on the government? Clearly not. Would a transaction which amounts 
 to precisely the same thing, arrived at an indirect manner, be any more honorable and straightfor- 
 ward or binding on the government? Instead of contracting for the construction of the road as 
 all other roads have been built, what do they do? A, B, C, and D are the stockholders of the com- 
 pany. A, B. C, and D, under acliarter from the State of Pennsylvania, organize themselves into a 
 company cnUed the C7'edU Afobilie?' o( America,. A, B, C, and D, stockholders, enter into a con- 
 tract with the Credit Mobilier to build this road at fabulous prices, and the Credit Mobilier let out 
 the contract at the lowest figure ar, which the road can be built, making a clear profit of the differ- 
 ence between the price at which the contract is taken and the price actually paid to those who do 
 the work, a sum I am assured that will not fall short of many, many million dollars. It will readily 
 be seen from this that the company practically contracts with itself to build the road, and 
 that the enormous figures they exhibit as representing the cost of the road are absolutely 
 fictitious." 
 
 March 25, 1868 (see Globe, volume sixty-seven, pp. 2109, 2113), the resolution was again in order 
 and was debated at length. Mr. Price answering Mr. Washburne, and Messrs. Garfield, Scofield, 
 and Dawes took part in the proceedings. Mr. Price iroved to refer the resolution to the Pacific Rail- 
 road Committee, and demanded the previous question. Pending the previous question the House 
 adjourned. 
 
 March 26, 1868 (see Globe, volume sixty-seven, p. 2129), the subject was resumed. Mr. Wash- 
 burne, of Illinois, asked further time for debate, as there was no quorum. This was resisted, and 
 Mr. Washburne moved a call of the House; and upon division there were— ayes 33, noes 55; no 
 quorum voting. Tellers were ordered, and announced— ayes 40, noes 61. Mr, Washburne de- 
 manded the yeas and nays, and they were ordered; and on a motion for a call of the House there 
 were— yeas 45, nays 86, not voting 58. 
 
 Among the yeas were Messrs. C. C. Washburn and E. B. Washburne. 
 
 Among the nays, Messrs. Atlison, Ames, Bingham, Boutwell, Dawes. Dodge, Eliot, Hooper, 
 Kelly, Scofield, Twichell and James F. Wilson. 
 
 Among those not voting, Messrs. Blaine, Brooks, and Garfield. 
 
 The previous question was seconded, and on ordering the main question on referring the resolu- 
 tion, the yeas were 73, the nays 54, not voting 62. 
 
 Among the yeas were Messrs. Allison, Ames, Bingham, Boutwell, Dawes, Dodge, Eliot, Hooper, 
 Kelley, Twichell, and JamesF. Wilson. 
 
 Among the nays, Mr. E. B. Washburne. 
 
 Among those not voting, Messrs. Blaine, Brooks, Garfield, and Scofield. 
 
 So the main question was ordered. 
 
 And thereupon the following proceedings occurred: 
 
 Mr. Holmaii; I rise to a privileged question. I make the request that under the twenty-nintik 
 
THE CREDIT MOBILIER FRAUD. 71" 
 
 mlc of the House the gentlemen who are interested in the result of this question may be permitted 
 to withdraw their votes. If it be proper I make that point now. 
 The Speaker : 
 
 THAT rOINT CANNOT BE MADE 
 
 durincr a roll-call, as the gentleoian from Indiana is aware. 
 
 Mr. Holman: Must it be made bef re tlie roll-call ? 
 
 The >pt!aki;r: It must; it cannot be made while the roll-call continues, and the roll-call con- 
 tinues unt 1 the Chair aniumnces the result. O; herwise there mi^ht be roll-calls within rail-calls^, 
 the yens and nays heiiii^ ord-red on th •■ questions >i rising under the point of order. 
 
 The vote was tlu-n announced as above r.-c rded. 
 
 The question ncuned on th motion to refer to the Committee on the Pacific Railroad. 
 
 Mr. Wa-ihoiirnc, of Illinois, demanded the yeas and nays. 
 
 T e \eas and nays were ordered. 
 
 Mr. 'Washburne, of Illinois: 1 ask that this vote shall be considered as a test vote on thia 
 quistion. Those in favor of the resolution will vote- 
 Mr. Pric<': 1 call the gentleman to order. 
 
 'I'lie Speaker: Debate is not in order. 
 
 M r. Holman: I riow rise for the purpose of asking the clerk to read the twenty-ninth, rule of the 
 House. 
 
 The c'erk read as follows: 
 
 No memher slia 1 vote on any question in the event of which he is immediately and particu- 
 1 irly interested, or in any case wuere he was not within the bar of the House when the q^uestion 
 w&A put. 
 
 Tiie question was taken; and it was decided in the affirmative— yeas 83, nays 49, not voting 57. 
 
 Among the yeas, Messrs. Auies, Bingham, Buutwell, Dawes, Dodge, Eliot, Hooper, Twichell^ 
 and James F. Wilson. 
 
 Among the nays, Messrs. Holman, and C. C. Washburn and E. B. Washburne. 
 
 Not voting, Messrs. Blaine, Brooks, Garfiehl, and Scofleld. 
 
 So the resolution was referred lo the Committee on the Pacific Railroad, and Mr. W^ilson, of 
 Iowa, moved to reconsider and lay on the table; which was done. 
 
 WASHBURNE STILL MORE FULLY EXPOSES THE GREAT FRAUD. 
 
 The resolution to regulate frei«jht and passenger tariff on the Pacific railroads 
 having been refcired, as above stated, to the Committee on the Pacific Railroads, 
 which was constituted entirely in the interest of these corporations, Mr. E. B. 
 Wasliburne, in order to have an opportunity to more fully expose the character 
 of the corporations and individuals which were being enriched out of the govern- 
 ment subsidies, called up a motion, submitted on the 26th of February by Mr. 
 Washburne, of Wisconsin, to reconsider the vote by which the letter of the 
 Secretary of the Treasury relative to the Union Pacific Railroad was ordered to 
 be printed. This gave Mr. E. B. Washburne and Mr. C. C. Washburne an op>- 
 portunity to speak. Mr. Washburne, of Illinois, reviewed at length the resolution 
 of 1864, quoting liberally from a speech made by him at the time that bill was 
 pending, and showing under what circumstances it passed the House. 
 
 He said : 
 
 No gentleman who was here at that time will ever forget the extraordinary scene which was 
 presented. Tlie lobl)y mustered in its full force. I saw nothing here of the shameful means which 
 It is alleged were used in a confidential way to carry through this bill ; but I do say that the scene 
 w.isoneof the most exciting and animated that I have ever witnessed, in a service of nearly 16 
 years, Tne galleries were packed wih people interested in the measure ; by lobbyists, male and 
 female ; by shysters and and advenuirers, hoping for something to turn up. 
 
 Your gilded corridors were filled with lobbyi^t^ who broke through the rules and made their 
 way u|)on the lloor and into the seats of membeis. I undertook to show by the Senate document, 
 which I held in my hand, the amount of the liability for bonds issued and interest thereon, after 
 the law for the purpose of building the Pacific Railroad, would be $95,088,000, but which document 
 I an advised somewhat oversiates the amount as the estimate was made upon a greater number of 
 miles ihan the real length of th«i road. In my speech on that occasion I compared the riilFerent 
 sections of the original law of 1862 with the modification proposed by the Act of 1864, which we 
 were then consiaering. 
 
 Mr. Wai-hburne then proceeds in his speech to quote what he stated in 1864; 
 how he moved to strike out all of the bill of 1884, that part which subordinated 
 government liens, and made its bond a second mortgage in the property of the 
 railroad. He quoted the yeas and nays by which his proposition was rejected. 
 Thev were as follows : 
 
 Yeas — .Messrs. Ancona, Arnold, Bailey, John D. Baldwin, Boutwell, Cobb, Creswell, Dawson 
 Denison, Kden. Edgerton, Farns.worth, Hale, Harding, Harrington, Herrick, Holman, William 
 Johnson. Orlando Kellogg, Kernan, Law, Marcy. McDowell, Morrison, Nelson, John O'Neil, Orth, 
 Rogers, Edward , Scofieid, Sloan, Spalding, Stiles, Thayer, Tracy, Opson, Elihu B. Wash- 
 
 burne, and Joseph W. White— 38. 
 
72 THE CREDIT MOBILIEK FRAUD. 
 
 Nays — Messrs. Allison, Ames. Anderson, Ashley, Baxter, Beaman, Blaine, Blair, Blow, Boj'd, 
 Brooks, Broomall. Ambrose W. Clark, Cole, Thomas T. Davis, Dawes, Deming, Dixon, Donnelly, 
 Driggs, Eckley, Eldridge, Eliot, English, Finck, Gooch, Griswold, Benjamin G. Harris, Higby, 
 Hotchkiss, Asahel W. Hnbbard, John H. Hubbard, Hnlbard, Julian, Kelley, Francis W. Kellogg, 
 Knapp, Knox, Le Blond, Littlejohn, Long, Longyear, Marvin, McBride, McClurg, Samuel F. Miiler, 
 Morrill, Daniel Morris, James R Morris, Amos Myers, Leonard Myers, Noble, Norton, Charles 
 O'Neil, Perhara, Pomerov, Price, Samuel J. Randall, John H. Rice, James S. Rollins, Ross, 
 Schenk, Scott, Shannon, Smithers, John B. Steele, William G. Steele, Stevens, Stuart, Sweat, Van 
 Valkenburgh, Ward, William |5. Washburn, Webster, Whaley. Wheeler, Williams, Wilson, Win- 
 dom, Winfield, and Benjamin Wood {Congressioioal Globe, vol. 53, page 3,844). 
 
 He also quoted the yeas and nays on the passage of the bill, which were as 
 
 follows : 
 
 Yeas— Messrs. Allison, Ames, Ashley, Augustus C. Baldwin, Beaman, Blaine, Blair, Blow, 
 Brandegee, Brooks, William G. Brown, Ambrose W. Clark, Coffroth, Cole, Creswell, Thomas T. 
 Davis, Dawes, Deming, Dixon, Donnelly, Eliot, English, Fenton, Gakfield, Griswold, Hale, Hig- 
 by, Hooper, Asahel W. Hubbard, JohnH. Hubbard, Hulburd, Jenckes, Julian Kalbfleisch, Orlando 
 Kellogg, Knox, Littlejohn, Loan, Longyear, Marvin, McBride, McClurg, Moorhead, Morrill, Mor- 
 rison, Amos Myers, Noble, Odell, Charles O'Neill, Patterson, l^erham, Pomeroy, Price, John H. 
 Rice, Ross, Schenck, Shannon, Sloan, Smithers, John B. Steele, William G. Steele, Stevens, 
 Stuart, Sweat, Thayer, Upson, Webster. Wilson, Windom, and Benjamin Wood— 70. 
 
 Nays— Messrs. Ancona, Bailey, Bliss, Boutwell, Chandler, Dawson, Denison, Eden, Edgerton, 
 Gooch, Grider, Harding, Harrington, Benjamin G. Harris, Holman, Philip Johnson, Kernan, 
 Knapp, Law, Le Blond, Mallory, Marcy. McDowell, McKinney, John O'Neill, Orth, Radford, 
 Robinson, Rogers, Edward H. Rollins, Scofield, Styles, Thomas, Elihu B. Washburn, William B. 
 Washburn, Chilton A. White, Joseph W. White, and Fernando Wood— 38. 
 
 WASHBCRNE TELLS WHO VOTED FOll THE ACT OF 1864. 
 
 Mr. Wasburne then said : 
 
 The members of the present Congress who voted for the bill were as follows : Allison of Iowa, 
 Ames of Massachusetts, Ashley of Ohio, Baldwin of Massachusetts, Beaman of Michigan, Blaine 
 of Maine, Brooks of New York, Dawes of Massachusetts. Dixon of Rhode Island, Donnelly of 
 Minnesota, Eliot of Massachusetts, Garfield of Ohio, Griswold of New York, Higby of California, 
 Hooper of Massachusetts, Hubbard of Iowa, Jenckes of Rhdde Island, Julian of Indiana, Loan of 
 Missouri, Marvin of New York, McClurg of Missouri, Moorhead of Pennsylvania, O'Neill of Penn- 
 «ylvania, Perham of Maine, Pomeroy of New York, Price of Iowa, Ross of Illinois, Schenck of 
 Ohio. Stevens of Pennsylvania, Upson of Michigan, Wilson of Iowa, and Windom of Minnesota. 
 
 Those m "mbers of the present Congress who voted in the negative were as follows : Boutwell 
 of Massachusetts, Chanler of New York, Holman of Indiana, Orth of Indiana, Scofield of Penn- 
 sylvania, Washburne of Illinois, Washburn of Massachusetts, and Fernando Wood of Now York. 
 
 The bill then went to the Senate and came back with amendments, upon which a Committee of 
 Conference was ordered. On the Ist of July the Committee of Conference reported, bringing up 
 such new matter as would, in my opinion, be in violation of every rule which governs Committees 
 of Conference in legislative bodies. Gentlemen, by turning to the Globe, volume fifty-three, page 
 3480, will see that the new matter so introduced covers nearly a page of nonpareil. And this re- 
 port, changing so materially the bill as acted upon by the House and Senate, was gagged through; 
 the opponents of the measure were not permitted to have it printed and postponed so that they 
 could see what it was. I struggled in vain for the printing of the report, and for its delay until the 
 members of the House could have an opportunity of reading it; but the gentleman from Penn- 
 sylvania (Mr. Stevens) demanded the previous question, which was seconded and the main 
 question ordered to be put ; and it would seem incredible that in a matter of legislation involving 
 interests so vast and pledging amounts of money so enormous, even the yeas and nays were 
 refused — that even tellers were refused. I read from the proceedings as reported in the Globe, 
 volume fifty-three, page 3481 : 
 
 " Mr. Washburne, of Illinois, demanded the yeas and nays ; on agreeing to the report ; and 
 tellers upon the yeas and nays. 
 
 " Tellers were not ordered, and the yeas and nays were not ordered. 
 
 " Mr. Washburne, of Illinois, demanded tellers on agreeing to the report. 
 
 " Tellers were not ordered. 
 
 " The report was agreed to." 
 
 Thus ends the story of the action of the House touching this extraordinary legislation, which 
 •will go into the history of the country. 
 
 FURTHER DISCUSSION IN 1868. 
 
 On March 12th, 1868, the Committee on Pacific railroads reported back a sub- 
 stitute for Washburne's resolution which had been referred to it on March 26th, 
 1868. This substitute provided that the government should not attempt to 
 regulate the freight and passenger tariffs on the Pacific railroads until they were 
 completed, and provided further also that the charges for freight should never 
 be reduced below 8 cents per mile for freight and 6 cents per mile for passengers. 
 
 In discussing this proviso Mr. Van Wyck of New York said : 
 
 Now, what do we see from the company's report? That a rpad eleven hundred miles in length, 
 by their own report, is to be built, which will cost, with all their fabulous prices for construction, 
 $82,000,000. That is the cost according to their report. And then they show what they have to 
 build this road with. They have of the United States bonds, $'^9,000,000; of first mortgage bonds, 
 
THE CREDIT MOBILIKR FRAUD. 73 
 
 $29,000,000; of capital stock paid iu, $8,000,000; of land grants, fourteen millions eight hundred 
 thousand acres, which at $1.50 per acre, amounts to $21,000,000, making in all $88,000,000. 
 
 Now, mark, they say the cost of eleven hundred miles is $82,000,000, and yet they have $88,- 
 000,000 to build it. So they will have $6,000,000 more in their treasury when the road is com- 
 pleted than they have resources to build it. or that $88,000,000, $8,000,000 is money which they 
 nave put in their hands for building the road; so that when it is linished they will have paid out, 
 according to their own figures, only $2,000,000 to build it. 
 
 But this road does not cost $82,000,000. Those gentlemen have made contracts with themselves, 
 whereby they pay double the amount to build tiie road that it ought to cost. They have contracted 
 to build it for the first five hundred miles at $50,000 per mile; and the government commissioners, 
 who certainly are not unfriendly to these parties, in speaking of this matter, dated July 8, 1865, 
 say: 
 
 " In October, 1864, when we assumed the duties of our appointment, we found that in the 
 months of August and September previous a contract had been arranged and consummated by the 
 executive committee, in which are vested the powers of the board when not in session, for the 
 construction and equipment of the first one hundred miles of the road west of the Missouri river 
 at the rate of $50,0tJ0 per mile, payable $5,000 per mile in the stock of the company, and the bal- 
 ance in the currency bonds of the government and the securities of the company. From the first 
 the contract price appeared to us to be very high. At present, with the probable decline in the 
 cost of labor and materials, and advance in the value of government bonds, it seems extravagant." 
 
 Another commissioner reports, on the 26th of August, 1865, that the balance of the five hun- 
 dred miles could be built at a small cost compared with the rate at which the first one iiundred 
 miles were contracted. And yet $50,000 per mile has been paid for building the road, which could 
 not have cost over $25,000. 
 
 The eastern division, a more expensive road, cost less than $30,000 to build it. The Atchison 
 branch has cost less than that. 
 
 MR. VAK WYCK SAID THAT THE CREDIT MOBILIER WAS A RING TO ROB THE GOV- 
 ERNMENT. 
 
 These men, then, do not go outside of their own corporation to make contracts. They have 
 created a Credit Mobilier. They have created a ring inside the corporation. Look. In 1864 there 
 ^ were one himdred and twenty-five stockholders in this Pacific Railroad, holding two thousand 
 ' shares of stock. In January, 1866, there were one hundred and twenty-three stockholders, holding 
 twenty-eight thousand shares of stock. In the report which these gentlemen were required to 
 make they named the stockholders and the amount of stock held. In the last report the number 
 of stockholders had dwindled down to fifty-three, and they do not state the number of shares they 
 own. Only fifty-three stockholders, a year and a half ago, owning a road representing $100,000,000 
 of capital ! It takes twenty of these stockholders to make a directory, so that you have thirty out- 
 side. Sir, they have demonstrated that the obstacles iu the way of the construction of this road 
 have passed away. The company is now drawing a triple subsidy of $96,000 a mile for building 
 what was said to be the most " diflScult and mountainous " part of the road. . From the foot of the 
 Black Hills, which are claimed to be the base of the Rocky Mountains, they run about forty-five 
 miles and then strike the Laramie plain and run one hundred miles almost on a level, and on these 
 one hundred and fifty miles they are receiving the triple subsidy. 
 
 Mr. Johnson, of California: The Central Pacific division of that great road is now charging 
 the people of the State of Califoniia fifteen cents a mile for freight, and ten cents a mile tor pas- 
 sengers. 
 
 Mr. Washburne, of Illinois: In gold? 
 
 Mr. Johnson, of California: In gold. The net proceeds of that road, which is about ninety 
 miles in length, were last year nearly one million and a half dollars. In a very short time that 
 road, like a mighty vortex, will drink up all the wealth of our new and growing state. Now, Mr. 
 Speaker, if there is any honest intention on the part of this House to protect our people against 
 this oppression, I ask that the demand for the previous question be voted down, and allow this 
 amendment to be made, restricting this corporation, and not leaving them the latitude of the four 
 ■winds. 
 
 Mr. Clarke, of Kansas: A tthe moment the merchants of the city of Topeka are transporting 
 their freight by oxen and horse teams to the city of Leavenworth— a distance of forty-five or fifty 
 miles— instead of sending it by railroad 
 
 END OP A BRAVE CONTEST FOR THE RIGHT. 
 
 After further debate the following votes were taken. May 12, 1868 (see Globe, vol. 67, pp. 
 ^28-29). 
 
 On Mr. Famsworth's motion to recommit, the yeas were 62, nays 59, not voting 58. 
 
 Among the yeas, Messrs. Ames, BrooKs, Dodge, Eliot, Hooper, Kelly , Scofield, and Twichell. 
 
 Among the nays, Messrs. Allison, Biaiue, Butler, Garfield, and James F. Wilson. 
 
 Among those not voting, Messrs. Bingham, Boutwell, Dawes and C. C. Washburne. 
 
 The next question was on motion to amend the substitute by striking out the proviso, on which, 
 the yeas were 75, nays 48, not voting 66. 
 
 Among the yeas were Messrs. Holman and E. B. Washburne. 
 
 Among the nays. Messrs. Allison, Ames, Brooks, Butler, Dodge, Eliot, Garfield, Hooper, Sco- 
 field, Twichell, and James F. Wilson. 
 
 Among those not voting, Messrs. Bingham. Blaine, Boutwell, Dawes and Kelly. 
 
 And thereupon a further amendment was adopted and the substitute for the resolution passed 
 without division. 
 
 It went to the Senate, was referred to the Committee on the Pacific RaUroad, and there it "slept 
 the sleep that knows no waking." 
 
 Thu:^ was begun, prosecuted, and ended one of the bravest contests ever made for the rights of 
 the people. 
 
 THE PROFITS OF THE CREDIT MOBILIER. 
 
 Up to this time the Credit Mobilier had received the profits in the construction 
 of the Union Pacific Railroad through the original Hoxie contract, which were 
 
74 THE CREDIT MOBILIEK FRAUD. 
 
 $5,168,233.91. Iii addition it received $1,104,000, which was paid to the concern 
 under resolution of January 5, 1867 {see pages 6, 7 aiid 8, Wilson Report, Credit 
 Mohilier Investigation). Also the profits from the Oakes Ames contract, amount- 
 ing to $29,854,141.99. 
 
 This brings us to November 1, 1868. We have shown from the Congressional 
 Globe that General Garfield must have been familiar .at this time with the true 
 character of the Credit Mobilier and its connection with the construction of the 
 Union Pacific Railroad. 
 
 On November 1, 1868, a contract was made with James W. Davis to construct 
 
 the remainder of the Union Pacific Railroad from the point where the Oakes 
 
 Ames contract left off to the junction with the Central Pacific Railroad. The 
 
 report of the Wilson Credit Mobilier Committee {see Report No. 78, H. R., 43<f 
 
 Congress, ^d session, pages 13 and 14) says of the Davis contract: 
 
 This was a contract made with J. W. Davis, a man of little, if any, pecuniary abilitjr (and not 
 expected to perform the contract), for the construction of that part of the road beginning at the 
 western terminus of the "Ames contract" and extending to tlie western terminus of the road, a 
 distance of one hundred and twenty-iive and twenty-three one hundredtlis miles. It was upon 
 the same terms as the Ames contract, and was assigned to the same board of trustees. 
 Under it the remainder of the road was constructed, and from a balance-sheet taken 
 from the boolis of the railroad company, it appears that the cost to the railroad 
 
 company was $23,431,768 10 
 
 And from a balance-sheet taken from the books of the trustees, that the cost to the 
 
 contractor was 15,629,633 6^ 
 
 Your committee present the following summary of the cost of this road to the Railroad Com- 
 pany and to the contractors, as appears by the books: 
 
 COST TO THE RAILROAD COMPANY. 
 
 Hoxie contract . $12,974,416 24 
 
 Ames contract 57,140,102 94 
 
 Davis contract 23,431,768 10 
 
 Total ' $93,546,287 28 
 
 COST TO THE CONTRACTORS. 
 
 Hoxie contract $7,806,188 33 
 
 Ames contract 27,285,141 99 
 
 Davis contract 15,629,633 62 
 
 50,720,958 94 
 
 $42,825,328 34 
 To this should be added amount paid Credit Mobilier, on account of 58 miles . . 1,104,000 00 
 
 Total profit on construction $43,925,328 34 
 
 The balance-sheets, from which the foregoing results have been obtained, were made out by 
 Mr. Crane and Mr. Ham, accountants familiar with the books and with most of the transactions. 
 Your committee have earnestly endeavored to get the exact cost of the road to the company and 
 to the contractors, and If they have failed it is because those who should know and have had the 
 opportunity to inform the committee have failed to give the information. The books have been 
 kept in such a way, and the transactions have been of such a character, as that their true nature: 
 has been very much disguised. 
 
 THE RING COMES TO CONGRESS AGAIN FOR PROTECTION. 
 
 It was known to everybody in the country who took any interest in these 
 matters, and as we have shown, to every member of Congress, Gen. Garfield in- 
 cluded, that the men interested in the Union Pacific Railroad were making 
 enormous profits by building it through the medium of the Credit Mobilier of 
 America. The notorious Jim Fisk and his associate Jay Gould, had obtained 
 some sort of an interest in the Union Pacific Railroad and wanted to force them- 
 selves into the Oakes Ames ring. They began proceedings in the New York 
 courts, and Judge Barnard issued various injunctions and restraining orders to 
 compel the Union Pacific Railroad Company and the Credit Mobilier of America 
 to state accounts, and all interested with Ames were dreadfully frightened. 
 Nothing could save them from a frightful exposure but Congressional legislation. 
 Accordingly they came to Congress for relief. It was natural that they should 
 come there, for Ames, as he had said in his letter to McComb, had placed the 
 stock of the Credit Mobilier, "where it will produce most good to us, IthinkJ" 
 
THE CREDIT MOBILIER FRAUD. 75 
 
 On March 15th, 1869, Mr. Bingham, of Ohio, Chairman of the Judiciary Com- 
 mittee and one of the members of the House to whom Ames had given Credit 
 Mobilier stock, asked unanimous consent to introduce the following joint resolu- 
 tion: 
 
 Joint resolution for the protection of the interests of the United States in the Union Pacific Bail- 
 road Company and for other purposes. 
 
 Whereas, the proceedings of the regular annual meeting of the stockholders of the Union 
 Pacific Railroad Company, convened in the city of New York on the lOlh day of March, 1863. 
 were interrupted by an ex-parte injunction, issued by a Justice of the Supreme Court of the state 
 of New York, before the business of said meeting was concluded and before the time for closing, 
 its proceedings ; and 
 
 Whereas The government of the United States is largely interested in the proper management, 
 of the affairs of said company, and in a strict observance and proper administration of the laws, 
 organizing and governing the same ; and 
 
 Whereas, Important legal questions may arise as to the validity of the acts of the meeting 
 interrupted as aforesaid ; therefore 
 
 Be IT Resolved, Bij the Senate and House of Representatives of the United States in Congress 
 Assembled, That the said meeting of the stockholders of said company mentioned in the preamble 
 of this resolution, be and the same is hereby declared to have been lawfully convened and organ- 
 ized, and that the resolution adjourning the same, to meet in the city of Washington, on Thursday, 
 the 10th day of March, 18G9, and fixing the city of Boston as the place for holding the annual 
 meeting of the stockholders, for the year 1870, be and the same is hereby declared valid, and of 
 full legal force ; and the said stockholders who convene in said adjourned meeting, in the city of 
 Washington as aforesaid, or in any adjourned meeting thereto to be held within one month at 
 Washington or Boston, are hereby required to elect a Board of Directors for said Company for 
 this year, and after their successors shall have been elected and qualified, they may then transact 
 snch other business as they are required to do, or may lawfully do ; and every stockholder at such 
 meeting shall be entitled in person, or by proxy, to cast one vote for each share of stock lawfully 
 held by him and standing in his name on the books of the company on the first day of March, 
 1869 ; and in all proxies given to be used at the said meeting of the tenth of March, 1869 ; which 
 were given on or since the first day of September, 1868, and none other shall be good and valid 
 at the adjourned meeting to be held on the 18th day of March, 1869, and at any adjourned meeting 
 thereof, and may be used thereat with the same effect as they could have been used at the meeting 
 of the 10th of March, 1869 ; but nothing in this resolution shall be construed to effect or limit 
 the right of any stockholder who has given any proxy to vote his stock in person, or his right to 
 revoke his proxy, by giving one of a later date, or otherwise ; but the right of any stockholder then 
 to vote for himself, or to so revoke his proxy previously given, is hereby fully confirmed and 
 established. 
 
 Provided further, That on the election of the directors herein provided for, the term of office 
 of all persons then acting or claiming the right to act as directors pf the said company, except the 
 government directors, shall cease and terminate. 
 
 And provided further. That the Board of Directors of the Union Pacific Railroad Company 
 shall have power, whenever in their judgment the interests of the company or of the government 
 of the United States may require it, to remove the general office of said company and all the books, 
 papers and effects from the city of New York to either of the cities of Boston, Philadelphia, 
 Cincinnati, Chicago, St, Louis, Council Bluffs, or Omaha, and in no manner shall a free exercise of 
 said judgment to remove be restrained : 
 
 Provided further, That no court, other than the United States Circuit or District Court, 
 shall have power or jurisdiction to enjoin any of the acts in this resolution, authorize or appoint a 
 receiver for or on account of any of the rights, property, assets, and effects or interests of the 
 said Union Pacific Railroad Company in any case in which the defense rests on the constitution or 
 any law or treaty of the United States ; and all actions in any court, so far as in conflict with this 
 clause of the resolution, shall, upon the application of the said Union Pacific Railroad Company or 
 any person interested therein as a bona fide stockholder, be removed to the United States District 
 or Circuit Court having jurisdiction in the district within which said action or actions may arise, 
 which said application to remove may be made directly to said United States District or Circuit 
 Court, and the joining of other parties to the said company shall not affect the right of said Com- 
 pany to remove such application or its right to have such cause or causes removed as aforesaid. 
 
 And provided further. That the annual meeting of the stockholders of the said Union Pacific 
 Railroad Company, after the meeting provided for, as aforesaid, to be held in the city of Boston in 
 the year 1870, may be held either in the cities of Bo>ton, Baltimore, Philadelphia, Washington^ 
 Cincinnati, Chicago, Omaha, or St, Louis, as may be determined by the said stockholders at tb» 
 next preceding annual meeting. 
 
*IQ THE CREDIT MOBILIER FRAUD. 
 
 HOW THE RING WAS PROTECTED. 
 
 It will be observed that this joint resolution, among other things, legalized the 
 proceedings of the director's meeting at New York, which had been broken up 
 by an injunction issued by Judge Barnard, restraining the officers and directors of 
 the Union Pacific Railroad Company from holding such a meeting. It will also 
 be observed that it was provided that an adjourned meeting of the directors 
 might be held in the city of Washington, which, under the charter of the rail- 
 road company, would not have been possible without this special legislation. It 
 will also be further observed that this resolution in effect placed the Union 
 Pacific Railroad corporation on wheels, and allowed it to be run about the coun- 
 try as Oakes Ames and the principal managers of it might deem expedient, in 
 order to avoid legal process issued on the petition of bona fide stockholders 
 whom they were defrauding through the Credit Mobilier of America. At this 
 very time the officers of the Union Pacific Railroad Company and of the Credit 
 Mobilier of America were hiding in out-of-the-way places to avoid legal process. 
 The books of these two companies had been in defiance of the restraining order 
 of the Supreme Court of the state of New York, abstracted from the company's 
 offices and carried first to New Jersey, thence to Philadelphia, and subsequently 
 to the city of Boston. Moreover, as was proven in the two investigations or- 
 dered by the House of Representatives at the third session of the Forty-second 
 Congress, some of the most important books of the Credit Mobilier Company 
 were lost or pretended to be lost during the time they were being carried about 
 the country, and to this day the officers of this company aver that they do not 
 know of their whereabouts ; and still further during this time $500,000 belong- 
 ing to the Union Pacific Railroad Company, part of them being the bonds 
 indorsed by the government, and the balance the first mortgage bonds of the 
 railroad company, were lost and have never been accounted for, although it has 
 been shown by competent testimony that the interest on a portion of these bonds 
 is regularly drawn by some of the officers of the railroad company. 
 
 When the resolution above quoted had been read in the house on March 15, 1869 — 
 Mr. Axtell of California said : I object to tlie consideration of the joint resolution. 
 Mr. Bingham : I move to suspend the rules in order to introduce the joint resolution. 
 Mr. Wood : Mr. Speaker, I doubt whether the House understands this resolution. 
 Mr. Bingham : I object to debate. 
 
 The question being put on suspending the rules there were— ayes 90 ; nays 47. 
 Mr. Bingham : I call for tellers. 
 
 Tellers were ordered, and Messrs. Bingham and Axtell were appointed. 
 The House divided and the tellers reported— ayes 96 ; nays 28. 
 So, two-thirds having voted in favor thereof, the rules were suspended. 
 
 The joint resolution (H. R. No. 6). for the protection of the interests of the United States in 
 the Union Pacific Railroad, and for other purposes, was read a first and second time, was ordered 
 to be engrossed and read a third time, and being engrossed it was accordingly read a third time. 
 Mr. Bino:ham : I demand the previous question on the passage. 
 
 Mr Wood : Is it now in order to refer the resolution to the Committee on the Pacific Railroads ? 
 The Speaker : It is not. If the previous question is not sustained, the Chair will then entertain 
 that motion. 
 The previous question was seconded and the main question ordered. 
 Mr. Wood : I demand the yeas and nays. 
 The yeas and nays were ordered. 
 
 The question was taken and decided in the affirmative. Yeas 99, nays 32 ; not voting 66. 
 Among those who voted in the affirmative, were, Ames, Banks, Bingham, Dawes, Garfield, Kelly, 
 and Scolield. 
 
 THE CREDIT MOBILIER IN THE SENATE. 
 
 ' The resolution having passed the House, it went to the Senate. When it came 
 up there for debate, Mr. Stewart of Nevada, in the course of a remarkable speech 
 said : 
 
 Mr. President : This extraordinary measure must have emanated from some extraordinary 
 set of facts. Here is a great corporation, in the first place, asking Congress to place it on wheels— 
 to send it all over the country. In the next place, it asks Congress to exempt it from the jurisdic- 
 tion of the courts, and confer upon it special privileges. If there is anything clear in law, if there 
 is any rule of law that has been determined since the foundation of the government, it is that a 
 
THE CREDIT MOBTOER FRAUD. ^ 77 
 
 corporation, no matter whether the government holds stock in it or not, is subject to all the inci- 
 dents of every other corporation. It was claimed on the part of the United States Bank, that 
 because the government of the United States was the largest stockholder, it could be taken out of 
 the state courts ; that it could be endowed with certain extraordinary privileges ; but Chief Justice 
 Marshall took hold of that question and laid down the law in a manner that has never been doubted 
 until now. 
 
 By this resolution the House of Representatives proposes to endow the Union Pacific Railroad 
 with rights above all the laws of the states, and not only that, but to allow it to travel all over the 
 United States ; to give it a roving mission and to liberate it from the jurisdiction of the state 
 courts. If the government of the United States can establish such a corporation for one purpose 
 they can for all purposes, and you have no United States at all. The power exists in the general 
 government to carry on everything by one corporation if this resolution be constitutional. 
 
 EXTRAORDINARY LEGISLATION FOR THE BENEFIT OF THE UNION PACIFIC ROAD. 
 
 Why are we called upon for this extraordinary legislation ? Since the formation of the Union 
 Pacific Railroad Company we have given it some legislation in this direction. We passed a joint 
 resolution when they had another electioir up. The Union Pacific Road got into difficulty in 1867, 
 and they came to Congress for relief and Congress passed this resolution. 
 
 "^ Be it resolved, etc., That the time of holding the annual meeting of the stockholders of the 
 Union Pacific Railroad Company for the choice or directors is hereby changed from the first Wed- 
 nesday in October to the first Wednesday after the fourth day of March, and the stockholders are 
 authorized to determine the place at which such annual meeting shall be held at the last annual 
 meeting of the stockholders' meeting preceding such annual meeting : Provided the same shall be 
 held in either of the cities of New York, Washington, Boston, Baltimore, Philadelphia, Cincinnati, 
 Chicago, or St. Louis ; and provided further that on the election of directors herein provided for to 
 take place m March, A. D. 1868, the terms of office of all persons then acting or claiming the right 
 to act as directors of said company shall cease and terminate." 
 
 (This is the same resolution that Mr. Dawes passed through the House of 
 Representatives, 16th of December, 1867, the proceedings in regard to which have 
 heretofore been given). 
 
 Mr. Stewart further called attention to a remarkable act of Congress which was 
 passed in July, 1868, at the solicitation of the Pacific Railroad Ring. This was 
 the time their first litigation began in New York, 
 
 SENATOR STEWART TELLS ALL ABOUT CREDIT MOBILIER, 
 
 Mr. Stewart said : They got into law suits and then came to Congress in July, 1868, and said 
 somebody was going to eat them up directly unless they could get a law passed to take them out of 
 these horrid state courts ; and in the last days of the session of Congress did actually pass the 
 following very remarkable law, the constitutionality of which is very doubtful : 
 
 " That any corporation or member therof, other than a banking corporation organized under a 
 law of the UniLed States and against which a suit at law or equity has been or may be commenced 
 in any court other than a Circuit or District Court of the United States for any liability or 
 alleged liability of such corporation, or any member thereof, as such member, may have such suit 
 removed from the court in which it may be pending to the Circuit or District Court of the United 
 States, upon filing a petition therefor, certifying by oath either before or after issue joined, stating 
 that they have a defense arising under or by virtue of the Constitution of the United States, or of 
 any treaty or law of the United'States, and srivinggood and sufficient surety for entering in any such 
 court. On the first day of its session copies of all proceedings, pleadings, depositions, testimony 
 and other proceedings in said suit shall be entered, and doing such other proper acts as are required 
 to be done by the act entitled ' An act for the removal of causes in certain cases from state courts, 
 approved July 27, 1866,' and it would be the duty of the Court to accept the surety and proceed no 
 further in the suit ; and the said copies being entered, as aforesaid, m such court of the United 
 States, the suit shall then proceed in the same manner as if it had been brought there by original 
 process; and all the provisions of said act in this section referred to respecting any bill, attach- 
 ment, delay, injunction, or other restraining process, and respecting any bonds of indemnity of 
 other allegations given upon the issue or granting of any attachment, injunction or other restrain- 
 ing process, shaU apply with like force and effect in all respects to similar matter, process or 
 things, in the suits for the removal of each, which the act provides." 
 
 A REMARKABLE DOCUMENT — MORE REVELATIONS. 
 
 This was passed at the instance and for the benefit of the Union Pacific Railroad Company. Now, 
 why are they in these difficulties ? I have in my hand a paper which will illustrate the beginning 
 of this trouble. As they are calling upon Congress for this extraordinary legislation, I desire to 
 have this paper read, and I wish to call special attention to this document, for I do believe that in 
 this controversy the dignity and honor of Cougress aSd of the country are more or less involved. 
 I ask for the reading of the document, which I send to the Chair. 
 
 This document, which was read by the clerk at Mr. Stewart's instance, was the 
 agreement made on the 16th day of October, 1867, between the seven trustees 
 under the Oakes Ames contract, by which these men, who held a majority of the 
 stock of the Union Pacific Railroad, pledged themselves to protect their mutual 
 interests in this contract by voting at each annual stockholder's meeting the direc- 
 tors who were then holding office, in order that there might be no interference 
 with the Oakes Ames contract, the profits of which were to be shared pro rata 
 with these seven trustees, according to their respective interests. 
 
78 THE CREDIT MOBILIEK FRAUD. 
 
 After tlie reading of this documeat Mr. Stewart went on to say, that he had 
 ^also a paper purporting to be a bill in equity, filed by James Fisk against the 
 officers of the Union Pacific Railroad, setting forth that there is a conspiracy 
 between a certain body of people styled the Credit Mobilier, a ring consisting of 
 the members of the Union Pacific Railroad Company ; that these men have reaped 
 immense profits from this arrangement, to the injury of other stockholders who 
 were not in the ring; that some thirty millions of dollars have been obtained and- 
 divided in this way. 
 
 In commenting upon this Mr. Stewart said : 
 
 ^^ I have heard it stated that leadin.'j mcnbers of the Committee on Pacific Railroads in the House 
 ^ere not only in the Union Pacific, but in this identical Credit Mobilif^-r,' and were the recipients of 
 enormous dividends, and I have not heard it denied. It is farther statu I, t hit for that venj 
 reasonthe thing would never be investigated ; and it is said you want to lakc it out 'of the courts, 
 you want to stifle investisatioa everywhere. Are we prepare I to place Congress in that situation, 
 if there is anything wrong about this matter. (^See Congressional Globe, first session, Forty-first 
 Congress, pp. 303, 305.) 
 
 The next day, when the resolution was again under consideration, Mr. Stewart 
 said that he had called attention to some singular and rather remarkable paper 
 connected with the Credit Mobilier, and a memorandum of agreement with cer- 
 tain stockholders of the Union Pacific Railroad Company. Since then he had 
 looked farther into the subject, and he had some more revelations to make to the 
 Senate. He then read the title of JNIr. McComb's bill in equity against the Credit 
 Mobilier, and also some extracts from the body of the bill itself. lie called par- 
 ticular attention to the fact that Ames was charged with having 348 shares as a 
 secret trust for persons whose names do not appear on the books of thecompan-, 
 and the allegation that he was distributing the dividends among unknown 
 parties. Thus it will be seen that the scandal of the Credit Mobilitr and Oakes 
 Ames' distribution of the stock of the same among members of Congress was, 
 as far back as 1869, gravely discussed in Congress. 
 
 WHAT THE FACTS PROVE AGAINST GARFIELD. 
 
 The foregoing facts, compiled from the official record, establish beyond per- 
 adventure, in regard to Gen. Garfield, the following points: 
 
 First. He was a member of the Thirty-eighth Congress when the Act of 1864 
 was passed. The character of that legislation was thoroughly exposed in the 
 House by Mr. E. B. Washburne of Illinois, Mr. Holman of Indiana, and other 
 gentlemen. Gen. Garfield knew what he was voting for. 
 
 Second. Prior to January 30, 1868, he had contracted with Oakes Ames for 10 
 shares of Credit Mobilier stock. This is proved by Ames' letter to McComb, of 
 that date. 
 
 Third. On December 9, 1867, a joint resolution was introduced in the House to 
 create a government commission with power to regulate the freight and passen- 
 ger tariffs of the Pacific railroads. It was referred to the Committee on Pacific 
 Railroads, and never reported to the House. On January 20, 1808, IMr. Windom 
 reintroduced this resolution, audit was debated then, and on March 13, 20, 25, 21), 
 and May 13, 1868. This debate fully elucidated the relations of the Credit Mobil- 
 ier of America to the Union Pacific Railroad. On every test voto in ihe Ilou.se 
 upon this resolution, Gen, Garfleld is shown, by the Congressional Olobe, to have 
 either dodged the issue or squarely voted for the corrupt corporation. 
 
 Fourth. On March 15, 1809, after the Credit Mobilier of America had received 
 the profits from the Hoxie and the Oakes Ames contracts, amounting to $6,273,- 
 233.91, and was in process of receiving the profits of the Davis contract, which 
 amounted to $39,854,141.99, the joint rosolufion introduced by Mr. Bingliam, of 
 Ohio, was debated and its purpose shown. The record proves that Gen. Garfield 
 
THE CREDIT MOBILIER FRAUD. 79 
 
 Toted for this resolution, which was intended for tlie protection of the men who 
 were enjoying the enormous profits realized in the construction of the Union 
 Pacific Railroad through the Credit Mobilier of America. 
 
 Fifth. The evidence of Oakes Ames, corroborated by that of John B. Alley, 
 proves that Gen. Garfield was one of the beneficiaries of the Credit Mobilier 
 fraud; that Judge Black, his intimate friend, said to Alley, that "he should be 
 very sorry to expose Mr. Garfield, Avho was a particular friend of his." 
 
 Sixth. That when Gen. Garfield testified before the Poland Committee, January 
 13, 1872, that, " 1 never owned, received, or agreed to receive any stock of the Credit 
 Mobilier, or of the Union Pacific Railroad, nor any dividends or profits arising from 
 eitlier of them,'' he committed perjury. 
 
 Seventh. That the unanimous report of the Congressional Committee, made by 
 Luke P. Poland of Vermont, N. P. Banks of Massachusetts, G. W. McCreary of 
 Iowa, W. E. Niblack of Indiana, and W. M. Merrick of Maryland, proves that 
 Gen. Garfield was a perjurer. Of- Gen. Garfield's connection with the Credit 
 Mobilier this report says : 
 
 The facts in regard to Mr. Garfield, asfmind by the committee, are that he agreed with Mr. Am£s 
 to take ten shares of Credit Mobilier stock, but did not pay for the same. Mr. Aw£S received the 
 eighty per cent, dividend in bonds and sold them for ninety-seven ])er cent., and also received the 
 sixty per cent, rash dividend, ■which, together with the price of the stock and interest, left a balance 
 of ^329. This sum was paid over to Mr. Oarfield by a check on tlie Sergeant-at-Arms, and Mr. 
 Garfield then understood this sum %vas the balance of dividends after paying for the stock. 
 
 The New York Tribune commenting January 28, 1873, on the position in which 
 Garfield was left by Oakes Ames' testimony said: 
 
 To accept from the Credit Mobilier valuable allotment of shares at a merely nominal price ; 
 to lie and shuffle and prevaricate about the transaction; to concert with a witness the manufacture 
 of false testimony; to testify falsely under oath. These are offenses which should ruin not only 
 those who-commit, but those who apologize for them. 
 
 Again the Tribune, February 19, 1873, says: 
 
 James A. Garfield, of Ohio, had ten shares, never paid a dollar, received $329, which after the 
 investigation began, he was anxious to liave considered as a loan from Mr. Ames to himself. 
 
 The New York Times, February 19, 1873, says; 
 
 We do not agree with the committee in its lenient assumption that such knowledge was not 
 possessed by the Congressmen who purchased the stock. If they did not know its character they 
 must have been curiously deaf and blind as to what was going on about them. * * * 
 
 Of the members thus referred to Messrs. Kelly and GARFIELD present a most distressing figure. 
 
 The Cincinnati Commercial, February 3, 1873, said : 
 
 The member (of Congress), who had ten or twentjr shares to his credit, was not called upon to 
 invest his own money, as his stock more than paid for itself. In plain words and' putting aside the 
 flimsy pretense of a business transaction, it was a division of spoils taken from the munificence 
 of the people. No member of Congress could have been so absolutely ignorant as not to know that 
 such enormous profits were not legitimate earnings. 
 
 The New York Independent, the leading religious paper in the United States, ia 
 1874, said of General Garfield: 
 
 We cannot forget tliat he was more deeply involved in the Credit Mobilier diflSculty than any 
 other member of the House of Representatives, excepting of course Ames and Brooks. 
 
80 DISTRICT OF COLUMBIA KING AND DE GOLYER BRIBE. 
 
 THE DISTRICT OF COLUMBIA MM AND 
 THE DE GOLYER BRIBE. 
 
 Gen. Garfield was the friend of the District of Columbia Ring. He was 
 owned by that combination of public plunderers. He was the most influential 
 friend they had in the House of Representatives. As Chairman of the Commit- 
 tee on Appropriations he was the leader of the House. In the spring of 1872, by 
 its profligate waste of money, the Ring was getting into deep water. The only 
 salvation of Boss Shepherd and his associates was to obtain large appropriations 
 from Congress. There was obstinate opposition to the Board of Public Works 
 on the part of a respectable number of the citizens of the District. In the win- 
 ter of 1871-2 a Congressional investigation was instituted, which, although con- 
 trolled by the friends of the Ring, had developed damaging facts. It was neces- 
 sary for the safety of every member of the Ring to have in the Chairman of the 
 Committee on Appropriations a staunch friend. The opportunity offered. Shep- 
 herd was a shrewd man. He knew Gen. Garfield's value. DeGolyer & Mc- 
 Clellan, a firm of Chicago contractors, sent to Washington early in the spring of 
 1872 George R. Chittenden, to procure a contract for them from the Board of 
 Public Works. They controlled a patent for wood pavement. It had been tried 
 in Chicago and found to be worthless. A commission of eminent men, appointed 
 by the District government, had just previous to the advent of Chittenden pro- 
 nounced against all wood pavements. This did not discourage the persistent 
 agent of DeGolyer & McClellan. He felt the ground and returned to Chicago 
 and told his principals that he wanted $100,000. They agreed to furnish it. He 
 came back to Washington. He secured the services of Henry D. Cooke, the 
 Governor of the District, through a Rev. William Calvin Brown. His main ob- 
 ject, however, was to reach Gen. Garfield, the Chairman of the Committee on 
 Appropriations. For this purpose he employed Col. Richard C. Parsons, of 
 Ohio. He agreed to pay Parsons $15,000 if he reached Garfield, and through 
 him obtained a contract. When he was assured by Parsons that Garfield was 
 retained he wrote to DeGolyer & McClellan a jubilant letter. 
 
 The influence of Gen. Garfield, he said, has been secured by yesterday's, last night's and to-day's 
 labors. He carries the purse of the United States, the Chairman of the Committee on Appropria- 
 tions, and is the strongest man in Congress; and, with him our friend, my demand is to-day not 
 less than a hundred thousand more— two hundred thousand in all. Everything is in the best 
 shape ; the connections complete. 
 
 *** ** ********* 
 
 I can hardly realize that we have Gen. Garfield. It is rare, and very gratifying. All the appro- 
 priations of the District come through him. 
 
 For the service which Gen. Garfield rendered he was paid |o,000. He claims 
 that it was not a bribe;' Let any impartial man read carefully the history of the 
 District Ring and the services which Gen. Garfield rendered it, and say on his honor 
 
DISTRICT OF COLUMBIA RING AND DE GOLYER BRIBE. 81 
 
 that he believes he was paid this money save for his influence, or that he earned 
 it by any other way than the exercise of his influence with Boss Shepherd. 
 
 THE HISTORY OP THE DISTRICT RING. 
 
 The District of Columbia Ring in the zenith of its power was the most per- 
 fectly organized, the strongest entrenched corrupt combination this country ever 
 saw. It not only included all the corrupt men in Congress, but all the principal 
 representatives of the great rings in the country were either directly interested 
 or were anxious to secure the assistance and friendship of its leaders. It was 
 primarily the conception of a few unscrupulous plotters in 1870-1. The flood- 
 tide of apparent prosperity which set in at the close of the civil war had, at this 
 period, reached its greatest height. It was an era of gigantic undertakings, stu- 
 pendous jobs and wholesale corruption of public men. The Union Pacific Rail- 
 road had been completed, and the Credit Mobilier of America had pocketed 
 $50,000,000. The Northern Pacific Railroad had been chartered and endowed 
 with a landed subsidy equal in extent to the Empire of France and the kingdoms 
 of Spain, Portugal and Italy. Washington was full to overflowing with jobbers 
 and lobbyists. All the great rings which were being gorged with public plunder 
 had their agents and representatives at the national capital to watch events and 
 take care of their interests. The kings of the lobby then were Jay and Henry D. 
 Cooke. Their trusted, adroit general manager was the late William S. Hunting- 
 ton, a brilliant versatile man of exceedingly affable manners, with a genius for 
 jobbery, and endowed with an unsurpassed talent for bold combinations. He 
 was on intimate terms with many public men, and his entertainments were ex- 
 celled only by those of Sam Ward. Concerned in all great schemes, he saw a 
 grand opportunity for speculation, jobbery and money-making in the national 
 capital. His first effort, the passage through Congress of a charter for the 
 Washington and Georgetown Passenger Railroad Company, along Pennsylvania 
 avenue, had proved a grand success, since not long after the road was completed 
 it was sold to a few New York capitalists at a profit of three hundred per cent, 
 on the original investment. 
 
 A NATIONAL EXHIBITION JOB. 
 
 The next scheme, originated in September, 1869, was to procure a most extra- 
 ordinary charter from Congress for a corporation which was to hold a ' ' Grand 
 Universal Exposition of all Nations in the City of Washington in 1871." On 
 October 1st, 1869, President Grant was made President of the General Executive 
 Committee and ex-officio Chairman of the Local Executive Committee. On De- 
 cember 7th, 1869, the scheme was introduced into the United States Senate by 
 Senator Paterson, of New Hampshire, who was interested in real estate specula- 
 tions with the leading members of the Ring. It provided an appropriation of 
 13,000,000 ; instructed the Secretaries of the Treasury and of the Navy to pro- 
 vide transportation by land and water ; the Secretary of the Interior to place a 
 public reservation at the disposal of the corporators, to grade, lay out and other- 
 wise improve the same, and the streets and avenues leading thereto ; the Secre- 
 taries of War and of the Navy were to furnish an indefinite number of soldiers 
 and marines to do guard duty from the commencement of the work to the sale or 
 final disposition of the buildings, and our ambassadors and consuls in foreign 
 lands were to act as agents for the corporation in securing foreign contributions. 
 "Give us the money to put up the buildings and the thing will run of itself," 
 said the promoters of the undertaking in their appeal for assistance. It was ap- 
 parent to every one that this was a wild scheme intended solely for the benefit of 
 
82 DISTRICT OF COLUMBIA RING AND DE GOLYER BRIBE. 
 
 its originators ; yet tlie Senate spent day after day during tlie whole winter and 
 spring in its earnest discussion, and only the masterly opposition of two well- 
 informed and incorruptible Senators, assisted by the independent press of the 
 country in exposing the fraud, saved us from a national disgrace, and spoiled 
 this huge real estate and stock speculation. Senator Tliurraan termed the 
 scheme " a humbug, imposing an expense of five or six millions of dollars upon 
 the Treasury of the United States." Finally, on June 10th, 1870, the Senate, 
 ashamed apparently of the earnestness bestowed upon a manifest job, quietly 
 passed over the bill and it was never called up again. 
 
 THE ring's royal NOTIONS. 
 
 The next great enterprise undertaken by these schemers was to provide a city 
 park. A sufficient extent of land along the picturesque banks of Rock Creek, 
 northwesterly from the city, was found to be in the hands of public-spirited citi- 
 zens (?) who were willing to sell tracts of it for such a meritorious object ; and in 
 close proximity thereto were found j^roper sites for a mansion and summer resi- 
 dence for the President of the United States, for costly edifices for the use of 
 members of the Cabinet, and for homes for Senators, to be erected by their 
 States. A resolution was introduced and rushed through Congress to have these 
 lands surveyed and plans perfected for laying out roads, drives, vistas and build- 
 ing bridges, under the direction of the Commissioners of Public Buildings and 
 Grounds, and the necessary funds were appropriated to enable him to pay for 
 this work. To do this preliminary work took General Michler, the Commissioner 
 of Public Buildings and Grounds, longer than the impetuous improvers were in- 
 clined to wait, and so this undertaking was, for the time being, suffered to re- 
 main in this inchoate condition. In the meantime, the Ring speculators were 
 quietly working up two other jobs which promised more immediate remunera- 
 tion. One of these impromptu schemes hurriedly passed through Congress was 
 the Act of May 20th, J870, under the provisions of which the public reservation 
 No. 7, on Pennsylvania avenue, between Seventh and Ninth streets, worth half 
 a million of dollars, was, coupled with the most valuable municipal franchises, 
 handed over, in spite of the protest of the Mayor and City Council, to the "Wash- 
 ington Market Company for a term of ninety-nine years, subject to the payment 
 of a disproportionate rental for the benefit of the Poor Fund of the District, and 
 to the further condition of erecting a grand monumental edifice to be used as a 
 City Hill. All opposition to this scheme was overcome by the exhibition of a 
 monstrous picture of the proposed palatial building during the debates in the 
 Senate and the House of Representatives. The trifling rental which was to be 
 paid to the Poor Fund was subsequently reduced by a legislature of which we 
 shall speak hereafter, and then well nigh annihilated by the act of three of the 
 original corporators, who nominally went out of the enterprise, and, acting as 
 territorial officers, made a bargain with themselves and associates, by which, be- 
 sides nullifying the rental obligation, they formally assumed on the part of the 
 District the erection of the costly building which under its charter the Market 
 Company was obliged to build. To commit Congress to an implied approval of 
 this bargain, they had, on March 3d, 1873, an appropriation of $75,000 smuggled 
 into the Sundry Civil Appropriation Bill, with an obscure description of reserva- 
 tion No. 7. With this sum they were to commence the erection of a City Hall, 
 but, as will hereafter be seen, this money was, in violation of law, applied to 
 another purpose. 
 
 A RICH BONANZA FOR PILFERING AND STEALING. 
 
 The founders of Washington planned it upon a magnificent scale. Wide streets 
 
DISTRICT OF COLUMBIA RING AND DE GOLYBR BRIBE. 83 
 
 und avenues intersect each other, the former running from north to south, de- 
 signated by numbers, and from east to west by letters, crossing each other at 
 right angles and again are cut diagonally by avenues bearing the names of the 
 States of the Union. By this many public places are formed consisting of cir- 
 cles, triangles and squares in different parts of the city. Sections were set apart 
 as reservations for the benefit of the citizens and for public buildings. A number 
 of these had been beautified by degrees in the course of years. As these plans of 
 men of genius were developed it became apparent that there was a chance to gain 
 a cheap popularity by filching credit for originality due to bygone generations 
 and a rich bonanza for pilfering and stealing, since any improvement not in total 
 disregard of the splendid design could not fail to bring out the dormant beauties 
 of the city and at the same time contribute largel}^ to the health and pleasure of 
 the inhabitants. The time was wonderfully auspicious ; with feeble resources 
 the local authorities had struggled for half a century to shape the city in the 
 rough while it remained a mere straggling villige, a city magnificent in distances 
 only, so that legitimate demands for street improvements and sewerage had the 
 cooperation and applause of all progressive citizens. The rapid growth of the 
 country during the past few years, the almost unexampled increase of wealth and 
 the consequent extravagant rage for display which always follows, made the par- 
 venu bankers, shoddy contractors, railroad corporators and lobbyists who flocked 
 to Washington every winter, dissatisfied with the old-fashioned city. They com- 
 plained about the absence of level streets and avenues on which to speed their 
 fast horses and show their grand equipages. They wanted to build palatial resi- 
 dences in which to entice, entertain and seduce Congressmen, but gravelled streets 
 and macadamized avenues did not suit their fastidious tastes. The wily schemers 
 intent upon plunder joined in and threw out hints about " smooth and noiseless " 
 'everlasting patent pavements. "It was a disgrace to this great country," they 
 one and all said, " that the national capital was neglected in this manner. Con- 
 gress ought to lift it out of its mud and squalor, and make it worthy of the great 
 American republic." 
 
 MILLIONS MUST FLOW FROM THE PEOPLE'S TREASURY. 
 
 Men who had thrust their arms into the national treasury up to their elbows 
 And raked out princely fortunes at one haul, were not willing to wait for the slow 
 work of years and the gradual growth of the capital. No, there must be a wave 
 of the enchanter's wand, millions must flow from the national treasury, and the 
 <jity rise in gorgeous grandeur for their immediate delectation. Congress was 
 debauched ; the Executive power was in the hands of a man who had as little 
 regard for the proprieties of the public service as he had for those of private life. 
 "Without a blush he accepted munificent gifts and rewarded the givers with emol- 
 uments and honors of high official position. Offices were bestowed as Napoleon 
 the First parcelled out kingdoms among his kinsmen. The integrity and sense of 
 responsibility of official life which distinguished the better days of the Republic 
 were gone, and in their stead we had the low standard of barter and trade. It 
 was emphatically a period of bargain and sale, of speculation and jobbery ; in a 
 word, radical rule had become a synonym for all the vices of the shoddy society 
 of the day. 
 
 Washinirton had, as is well known, up to the year 1867, an old-fashioned muni- 
 cipal government, simple in its form and economical in its working, such as the 
 experience of centuries has shown to be the best and most inexpensive for large 
 cities if properly administered. Improvements within a limited range were being 
 made, and the people had the right to choose their own rulers. The great pro- 
 
84 DISTRICT OF COLUMBIA RING AND DE GOLYER BRIBE. 
 
 portion of the community was content with this form of government. The laws- 
 were respected, the checks upon official power good, and the opportunities for 
 plunder small indeed. Subsequent experience has proved that all the clamor of 
 bold, bad men, against this old municipal government and the way it was ad- 
 ministered, was for the purpose of practising a deception on Congress, and thus^ 
 getting control of the District with a government they could manage for schemes 
 of plunder under the pretence of improving the city. By buying up the local 
 press they had gained a powerful influence for evil, and they used it diligently to 
 promote their designs on the public treasury. 
 
 THE FORM OF GOVERNMENT CHANGED TO GET RID OF NEGRO SUFFRAGE. 
 
 The District of Columbia had been since the war a harbor of refuge for the 
 colored people, and for some years past they constituted one-third of the whole 
 population. To school their youth properly, all the taxes collected from colored' 
 people had been set aside, but in consequence of the efforts of Sayles J. Bowen, 
 a local radical politician, who in his person united the offices of disbursing clerk 
 of the Senate, city postmaster, police commissioner, member of the levy court of 
 the county and school commissioner. Congress passed a law compelling the cities 
 of Washington and Georgetown and the county, to set aside for the use of a newly 
 created board of trustees of the colored school, appointed by the Secretary of the 
 Interior, such a proportionate part of all the moneys appropriated for the pur- 
 chase of sites, construction of buildings, payment of teachers and any other ex- 
 penditures, including contingencies of the white schools, as the colored children 
 of school age bore to the whites. In view of Bowen's connection with the pro- 
 curement of this legislation it is not strange that in May, 1868, when by act of 
 Congress negro suffrage for the first time became an element of power in the 
 municipal politics of Washington, a total revolution occurred, by which Sayles J. 
 Bowen was elected mayor in the place of Richard Wallach, a loyal and respected 
 conservative, who had served three successive terms, and under whose adminis- 
 tration every requisition or appeal made on the city for volunteers or contribu- 
 tions to the pressing needs of the Union soldiers had been responded to with 
 commendable alacrity and without adding scarcely a dollar to the municipal in- 
 debtedness. After the expiration of his two years' term, Mr. Bowen was swept 
 from office by a so-called citizens' movement, and M. G. Emery was elected in his 
 stead by 10,076 against 6,882 votes. After two short years the pay of the officers, 
 teachers, employes, laborers and contractors was five months in arrears, and all 
 the safeguard against the increase of debt had been disregarded by unusual devices 
 suggested by William A. Cook, a legal trickster, feared by many but respected 
 by none, who had been appointed corporation attorney, and had with others of 
 a similar character, brought disgrace upon the Bowen administration. The great 
 success of the reform ticket was due unquestionably to the universal desire to get 
 rid of this local trickster, who had given up the preaching of the gospel and taken 
 to the practice and distortion of the law some years previous. 
 
 BOSS SHEPHERD COMES TO THE FRONT. 
 
 It was not long before it became evident that, among the elements which had 
 combined in the citizens' movement of 1870, there were some mischievous men 
 who had simply used the popular current to get rid of a successful rival, and by 
 indirection to further personal sinister interests. In this crusade a man turned 
 up who had for long years, and in vain, striven to reach the highest municipal 
 honor in Washington. Alexander R. Shepherd was elected an alderman, but had 
 scarcely taken his seat in the City Council before he began intriguing for the 
 overthrow of Mayor Emery's administration, and along with it the old mufaicipal 
 
DISTRICT OF COLUMBIA RING AND DE GOLYER BRIBE. 85 
 
 government of the city. The extravagance and misrule which had characterized 
 the Bowen administA,tion had so disgusted a large majority of property holders 
 with an elective government, that the white people, irrespective of politics, were 
 ready to welcome any change. Shepherd is a shrewd, adroit and unscrupulous 
 man, who has come up from the lowest ranks of life just as Boss Tweed did. 
 Without even serving an apprenticeship, he had managed to become the head of 
 one of the largest plumbing and gas-fitting establishments in the District, and to 
 control the greatest proportion of work on government buildings in Washington. 
 From contract jobbery he gradually ventured into all descriptions of speculative 
 enterprises, and, with a tender regard for the dead as well as the living, had un- 
 dertaken to run a graveyard as well as a life insurance company. Later on he 
 embarked in real estate speculations, and began the erection of rows of a cheap 
 class of buildings, which were generally sold to mechanics and clerks on long 
 terms. This business he began in partnership with Moses Kelly, well known in 
 city politics, and with the bosses of the various building trades. It was a happy 
 thought to tempt into this speculation, about the year 1868, Senator J. W. Patter- 
 son, of New Hampshire , since this association gave Shepherd social standing in 
 higher circles than those in which he had hitherto moved, although, on the other 
 hand, it speedily proved the political ruin of the senator. Since that time the 
 Tictims of Mr. Shepherd's temptations may be counted by scores. Even while a 
 member of the City Council, Shepherd was concerned, as a large stockholder, in 
 wood and concrete paving companies, especially in the Metropolis Wood Paving 
 Company, whose headquarters were over his store on Pennsylvania Avenue. 
 
 FROM THE SLUMS TO AFFLUENCE. 
 
 His tastes, at the outstart of his career, were low. By nature brutal and op- 
 pressive to his inferiors, he was ever fawning and sycophantic to his equals and 
 superiors. About the year 1868, J. G. Naylor, a hard-working builder, dared to 
 ask this budding boss for money due him, which so enraged Shepherd that he 
 seized a piece of gas-pipe, struck the mechanic, and nearly broke his skull. After 
 Naylor's recovery from a protracted sickness. Shepherd compromised the pend- 
 ing suit by the payment of a large sum of money. It was not long after this that 
 he discovered that men who cheated with due regard to the conventionalities of 
 society, and broke the Ten Commandments only in secret, are quite as apt at ras- 
 cality, and much more useful associates, than the roughs who people the slums 
 of cities. As deacon of a fashionable church, nicknamed the " Holy Locomotive," 
 from its suggestive appearance, he craved the smiles of society, sought recogni- 
 tion from so-called gentle folks, and enlarged the circle of his creatures and tools 
 by extending his alliances to the very threshold of the White House. He spread 
 a bounteous board, and boasted a well-stocked cellar; and soon all the shoddy 
 element of Washington society courted his hospitalities, while all decent people 
 denounced him as a rogue. While he was squandering millions of the people's 
 money on worthless tar poultice and rotten wood pavements, his own aggrandize- 
 ment was attested by the erection of a stately palatial residence, with carved 
 stone fronts, and doors and trimmings of rare woods. Antique furniture, huge 
 mirrors, gorgeous carpets, costly pictures, filled this lordly mansion, and china, 
 manufactured in France to order, graced his festal board. His splendid landau- 
 let, drawn by a span of thoroughbreds harnessed in glittering trappings, driven 
 and attended by flunkeys wearing wonderful liveries, attracted as much notice in 
 the streets as the snob four-in hand of President Grant. There was an object in 
 this ostentatious display, for by it Shepherd managed to fill his salons with 
 judges, generals, senators, ambassadors and fine ladies, and his banquets soon be- 
 
86 DISTRICT OF COLUMBIA RING AND DE G0LYP:R BRIBE. 
 
 came the talk of the town gossipers, and his balls the envy of every shoddy up- 
 start, and thus in a little while the moral tone of the community was demoralized 
 A bold, unscrupulous man like Shepherd, invested with almost absolute power, 
 and sustained by the legislative as well as the executive branch of the national 
 government, could not fail to become a dangerous instrument of oppression to 
 the people of the District, and an adroit agent for plundering the public treasury, 
 
 WHEN THE DEVIL WAS SICK, ETC. 
 
 The subject of the foregoing sketch was elected in 1870, by the Board of Alder- 
 men, Chairman of the Committee on Finance. As such, he publicly simulated 
 economy, and quietly favored the grossest extravagance. On the 2d of Septem- 
 ber, 1870, he, in reporting the general tax bill, spoke of the then financial condition 
 of Washington as follows : 
 
 The estimates of the Mayor for the expenses of the current year are $1,251,287.38. Your com- 
 mittee, however, are of opinion that, in view of the large indebtedness of the corporation, and the 
 heavy taxation imposed under laws recently passed by Congress, it will be necessary to reduce the 
 estimates of expenditures to gl, 000,000. This can be done by omitting the sum estimated for clean- 
 ing the streets, by reducing the salaries of corporation officials, which, exclusive of teachers and 
 police, have reached the enormous aggregate of $1;53,320, and by carefully restricting our improve- 
 ments within the limits of our resources. Thtse taxes will bear very heavily upon our people, 
 already compelled to provide for an enormous fimded debt. It tlierefore becomes our duty to ad- 
 minister their affairs with ri";id economy, and to take all necessary measures to restore the credit 
 of the city, now so greatly depreciated. Your committee, therefore, recommend the reduction of 
 the salaries of the corporation officers, which now absorb twelve per cent, of the revenue, the intro- 
 duction of a radical change in the cleaning of streets, and by carefully avoiding waste and reckless- 
 ness in every branch of corporation expenditures. 
 
 THE PENNSYLVANIA AVENUE JOB. 
 
 At the very time these professions of economy were made by Shepherd, he had 
 quietly sent out one W. H. Chase as an emissary to look after patent wood pave- 
 ments. On his return, Chase reported that, "when properly laid, wood pave- 
 ments will last from fifteen to twenty years in Washington." Congress had been 
 importuned about this time by the ring then forming, to authorize paving Penn- 
 sylvania Avenue, between the Capitol and Treasury Grounds, with a patent pave- 
 ment of some description, the government to pay $160,000, that being about one- 
 half of the estimated cost. 
 
 In speaking of this proposition to pave the avenue, the Hon. J. Proctor Knotty 
 of Kentucky, said : 
 
 In my judgment, there is more in this measure than seems to be visible on the surface. I think 
 it contains the materials for another of those never ending repasts for the hungry flock of small 
 retainers who hover like vultures about this capital to prey on government garbage, and for which 
 there must be paid out of the public treasury an unlimited amount of money. Lay not, then, I 
 beseech you, " the flattering unction to your soul " that because the amount to be expended in this 
 project appears to be limited to $160,000, that it will stop there. I tell you there is no power 
 short of an Omniscient Providence that can foretell what the government will eventually have to 
 pay for the improvement of this avenue, if it undertakes it at all. It is true that, assisted by the 
 wonderful powers of science the astronomer can sit in his closet and tell precisely at what moment 
 and at what particular part of the sidereal heavens a comet will appear, which has bten absent a 
 thousand years on its pathless pilsrrimage through the wilderness of space, and true to the letter 
 of the prophecy, its fiery train flashes upon our vision. But, sir, to foretell what any public im- 
 provement about this city will cost, or when it will be finished, not only defies the highest powers 
 of mathematics, but is beyond the utmost range of human conjecture itself. 
 " When the stars shall fade away, the sun himself 
 Grow dim with age, and nature sink in years," 
 then, and not till then, may you expect to see one of these government jobs completed and the last 
 deficiency bill passed to pay for it. This language may sound like hyperbole, but show me one sin- 
 gle government job around this city that has yet been finished. 
 
 IT LEADS TO OTHER JOBS. 
 
 On July 8th, 1870, a paving bill was passed, under which the United States was 
 to pay, like other property-holders, for its frontage along the Botanic Garden, 
 the railroad company for 23 feet in the center of the street, the private property 
 for the pavement on its frontage, from curb to area chargeable to the railroad, 
 and the Corporation of Washington, for all intersections of streets and avenues^ 
 including the spaces along the park inclosures. 
 
DISTRICT OF COLUMBIA RIXG AND DE GOLYEK BRIBE. 87 
 
 Shortly thereafter Louisiana and Indiana avenues, and Fourteenth street, north- 
 west, for the length of nearly a mile and a half, were ordered to be paved with 
 wood by the retrenching City Councils. Though newspaper proprietors inter- 
 ested in the patents previously selected, worked up public sentiment in favor of 
 these jobs to the best of their ability, still many of the property-holders vigor- 
 ously protested ; and in the case of Louisiana avenue, their protests against the 
 costly experiment were so determined, that as a concession a stone pavement 30 
 feet in width had to be laid on both sides of the street next to the curb, but a 
 wood pavement was forced upon them in the center of the avenue. The stone 
 pavement still stands with rotten wood borders, as a monument of one of the 
 first tricks of the ring. 
 
 THE RING PAVING COMPANY IN CLOVER. 
 
 The Pennsylvania avenue pavement, after three months' delay, was given out 
 on October 19th, in ^our sections, not to the lowest responsible bidders, but to 
 the owners of those patents which were claimed to give the most substantial 
 guarantees for permanency ; all of the aforesaid owners being members of the 
 ring, then in course of formation. The largest two of the four sections at once 
 gravitated to number 908| Pennsylvania avenue, the headquarters of the Metrop- 
 olis Paving Company, over A. R. Shepherd's store. The stock of this com- 
 pany had been distributed in large blocks to Hallet Kil bourne, John O. Evans, 
 W. S. Huntington, Lewis Clephane, Sam Young, Shepherd's brother-in-law, and 
 to the proprietors of tjie Evening Star and the National liepublican, the two prin- 
 cipal daily newspapers of Washington. The future glories of the great avenue, 
 when paved with the durable and noiseless wood pavement, were dwelt upon 
 daily by the subsidized editors of the ring organs, and in the meantime the three 
 months' delay in awarding the contract was industriously employed by the ring 
 managers in making their arrangements with the Paving Commission, which 
 consisted of Columbus Delano, Secretary of the Interior, Mayor Emery and 
 General Michler, Commissioner of Public Buildings and Grounds. The season 
 having been wasted in this way Pennsylvania avenue was torn up in the fall 
 and work rushed through in November and December, 1870. On November 1st, 
 eleven days after the award of the contract, a merry, company enjoyed an ex- 
 quisite champagne collation, prepared by Wormley, at an improvised frame 
 building near the sheds where the machinery for sawing the blocks had been set 
 up by the Metropolis Paving Company, and the famous 
 
 DR. BUCHU HELMBOLD DROVE UP WITH HIS STYLISH SIX IN HAND 
 
 to give his blessing to the enterprise. The ringleaders with wild enthusiasm then 
 and there promised the quack doctor that the opening of wood paved Pennsyl- 
 vania avenue should be celebrated by a grand carnival and fete on Washington's 
 birthday. The fete was duly celebrated and the unsuspecting citizens contrib- 
 uted liberally to pay the piper, never dreaming that at no very distant day they 
 would look back to the occasion through tears of sorrow, and curse the hour in 
 which they made merry over their enslavement. Meanwhile the session of Con- 
 gress approached. On November 33d, 1870, the National Republican, the mouth- 
 piece of the President and the administration, wound up a double-leaded leader 
 on the subject of— legislation for the District, as follows : 
 
 A few hundred dollars judiciously expended upon terrapins, oysters, champagne and cigars 
 wi.I be " bread cast upon the waters,''^ The experiment worked well last winter, well enough we 
 think to warrant repetition. Instead of an appropriation of a few thousand dollars every year, we 
 ehould have five or six millions to beautify and improve the National Capital. 
 
 WHAT WINE AND WASSAIL ACCOMPLISHED. 
 
 Acting upon this advice, ring hospitality was liberally dispensed. There was a 
 
88 DISTRICT OF COLUMBIA KING AND DE GOLYER BRIBE. 
 
 grand banquet to the Press of the country at the Metropolitan, another to Con- 
 gress at the Arlington. The governors of the states and numerous municipal 
 bodies were invited, the crack militia regiments of the Eastern cities were to 
 have competitive exercises on the newly-paved avenue, and representatives of 
 all nations of the earth were to vie with each other in the exhibition of the 
 sports of their native lands. While this surface movement was going on, public 
 attention was skillfully diverted from more momentous underground currents. 
 Senator Hamlin had, on February 25th, 1870, introduced a bill in the Senate : 
 
 To " provide a Territorial Government for the District of Columbia," which was discussed and 
 passed by the Senate May 27th, received by the House May 31st, and referred to the District Com- 
 mittee June 29th, 1870, where it apparently died. But, quite unexpectedly, Mr. Burton C. Cook, of 
 Illinois, the Chairman of the House Committee, reported back a substitute for Mr. Hamlin's bill 
 on January 20th, 1871, and in advocating it said," There are 131,000 people in this District. * * 
 * The cost of the municipal government in salaries and incidental expenses is $179,000 a year, 
 or one dollar and a half for every man, woman and child in the District. This is the thing which 
 the committee have endeavored to avoid. The proposed government is intended to be a simple, 
 harmonious, economical one, with a conservative element m it which should be the element repre- 
 senting the people of the whole United States." 
 
 After a short discussion, all warning voices were unheeded, and this bill was 
 
 forced through by a vote of 97 against 58. On the same day the Board of Trade 
 
 of Washington held a meeting, and on motion of Alexander R. Shepherd, 
 
 adopted the following resolution : 
 
 Resolved, That we hail with joy the passage of the bill by the House of Representatives this 
 day, believing that it will be the beginning of a new era in the development of our business inter- 
 ests. 
 
 A committee of five, of which Alexander R. Shepherd and Hallet Kilbourne 
 
 were two, was appointed at this same meeting to urge the Senate to adopt the 
 
 House bill unaltered. 
 
 A SATIRE ON FREE GOVERNMENT. 
 
 On February 7th, A. B. Mullett, Supervising Architect of the Treasury, headed a 
 petition which was laid before the Senate by William M. Stewart, of Emma Mine 
 fame, praying that the House bill might be passed without alteration. The Sen- 
 ate having moved for a conference committee, a bill was agreed upon and passed 
 both Houses on February 14th, and approved by President Grant on February 
 21st, amid the portentious follies of the carnival. The bill was not perfected in 
 open Congress, but was riianipulated for four weeks in conference committee. 
 It provided for a complicated form of government— one which in truth was the 
 most magnificent satire on government the world ever saw. A more severe blow 
 at republican institutions was never struck in this or any other country. A 
 Radical Congress repudiated the people's demand and laid them at the mercy of 
 an irresponsible one-man power. All power was concentrated in the hands of 
 the President of the United States, and how he abused that power by filling all 
 the offices with men with whom he and his friends were engaged in speculative 
 ventures, is well known to the country. The Governor of the miniature princi- 
 pality had a staff, exercised veto power, and had a pocket veto, too, granted 
 pardons, and filled all the executive offices of any importance at pleasure. A Sec- 
 retary was provided and a council which was a caricature on the House of Lords, 
 a Board of Health, and last but not least a Board of Public Works. And to the 
 people was vouchsafed the barren privilege of voting for members of a so-called 
 House of Delegates, and a Delegate in Congress who was without a vote. But 
 even this turned out to be no boon at all, since the Board of Public Works, by 
 holding the rod of discharge over every poor laborer who would not vote accord- 
 ing to the dictates of the ring, elected this whole mock Legislature and the Dele- 
 gate to Congress besides. As a natural result of this one-man power in a republi- 
 
DISTRICT OF COLUMBIA RIXG JLND DE GOYLEK BRIBE. 89 
 
 can country, a shameful mockery of legislation was witnessed. There was scarcely 
 a single respectable citizen of the District elected to the House of Delegates. 
 This honor (?) was monopolized by the illiterate and subservient tools of the 
 ring, whose only occupation, besides registering the decrees of the Board of Pub- 
 lic Works, was to put through a few bills for contractors, who paid well for the 
 same. They legislated however, with a will, and when they could be tolerated 
 no longer, they wound up their official existence by plundering the hall iu which 
 they sat — stealing feather dusters, spittoons and desks — some of which were ac- 
 tually pledged with bar-keepers for whisky bills. 
 
 THE RULERS OF THIS RADICAL ISRAEL. 
 
 M. G. Emery, the lately elected reform Mayor, a vain man, had been flattered 
 and deluded mto the support of the territorial scheme, which ousted him from 
 the office he had just assumed, under the promise of the newly created Govenor- 
 ship ; but after using him, the ring discarded him. The President had unlimited 
 confidence in Henry D. Cooke, who was in charge of his financial affairs, and 
 through him the ring boldly urged Shepherd's appointment to the Governship. To 
 this the Rev, J. P. Newman, a political parson of the Metropolitan Church, and 
 spiritual adviser at the White House, objected in the interest of Emery, a 
 vestryman of his church. The Rev. Doctor set forth the proofs, pledges made 
 by the ring to Emery, so plainly to the President that he hesitated, and finally 
 the community was surprised by the appointment of H. D. Cooke. Mr. Cooke, 
 besides his connection with the famous firm of Jay Cooke & Co. , had some local 
 notoriety on occount of his zeal for Sunday-schools, and his activity as a member 
 of the Young Men's Christian Association, for which last-named institution he 
 evinced his firm attachment, by engineering a heavy loan on worthless fiecond 
 mortgage bonds from the Freedman's Savings Bank, thus robbing the poor f reed- 
 men in the name of the Founder of the Christian religion. As orthodox mem- 
 bers in good standing in the Radical party, the Cookes could venture upon many 
 things which would have been deemed treasonable in others. In 1867, the fol- 
 lowing advertisement appeared in the Washington and many Southern news- 
 papers : 
 
 TRYING TO GET A CORNER ON C. S. A. BONDS. 
 
 CoNFEDEKATE BoNDS WANTED.— First National Bank, Washington, August 29, 1869. We have 
 an order for a moderate amount of 8 per cent, bonds of the C. S. A., and, until filled, will buy ail- 
 that are offered at the best rates. 
 
 William S. Huntington, Cashier. 
 
 In the columns of the same Washington paper containing the above, could be 
 
 seen this also : 
 
 First National Bank of Washington.— H. D. Cooke, of Jay Cooke & Co., President ; W. S. 
 Huntington, Cashier ; Government depositary and financial agent of the United States, Fifteenth 
 street, opposite the Treasury Department. 
 
 Here in 1867, was the " Government depositary and financial agent of the 
 United States," the bank controlled by the Cookes, openly advertising for and 
 buying up "at the best rates " all the 8 per cent, bonds of the defunct Confeder- 
 acy in existence. It was then their scheme, as every circumstance shows, to make 
 the Confederate debt a consideration of settlement with the South by Federal 
 assumption — a scheme which was, however, baffled and put at rest by the adop- 
 tion of the Fourteenth amendment in 1868. 
 
 H. D. Cooke, as Governor, was but little more than a figure-head, acting simply 
 as the hand and mouth-piece of Shepherd, enjoying however the luxury of a 
 gaudy uniform and a full staff of mihtia officers. He believed with his brother 
 Jay that, " A national debt is a national blessing," and the unfortunate people of 
 
90 DISTRICT OF COLUMBIA RING AND DE'^OLYEK BRIBE. 
 
 the District of Columbia liave liad an ample opportunity to test the truth of this 
 aphorism. 
 
 THE BOSS AND THE SUPERVISING ARCHITECT. 
 
 Alexander R. Shepherd was appointed a member of the Board of Public Works, 
 which consisted nominally of five members, including the Governor as President 
 €X-officio. His associates made him vice-president and executive officer, and with 
 him all the powers of an illy defined government gravitated rapidly to the Board 
 of Public Works, so that imperceptibly the district passed under the control of 
 an irresponsible despotism. The title of the "Boss" bestowed upon Shepherd 
 in this position by the contractors, soon came to be a by-word in the community, 
 and has been universally recognized as an appropriate designation of the man who 
 attempted to run a government, as an overseer does a gang of plantation negroes. 
 Shepherd's colleagues on the board were A. B. Mullett, the late Supervising 
 Architect of the Treasury, who had long had intimate, personal and profitable 
 business relations with Shepherd, in connection with work done and materials 
 supplied for all the public buildings in the United States under the charge of the 
 Treasury Department. Mullett's appointment was a master stroke. One of the 
 most important things to be done was to engineer members of Congress, and in 
 this business Mullett was by universal consent a proficient. Every new building 
 that was built or determined to be built, secured the personal devotion to the ring 
 of from one to half a dozen Congressmen. This was effected in several ways. 
 First, the recommendation of the Supervising Architect for the building of the 
 proposed structure must be had. The member or members from the locality 
 asking for the appropriation courted Mr. Mullett, who could make his own terms. 
 If he asked the favor that they encourage improvement at the National Capital, 
 they could not refuse. Then, again, as a new post office or custom house was 
 to be built, Congressmen might have friends whom they wished to be taken care 
 of by Mr. Mullett, in the way of contracts. Of course, he in his turn could not 
 refuse any reasonable request of this kind. The result was that the member got 
 Mullett's recommendation for the required appropriation, and in turn aided in 
 the grand work of "regenerating, transforming and beautifying the National 
 Capital " by helping the Board of Public Works to large appropriations when- 
 ever they needed them. 
 
 STUBB MAGRUDER AND HIS BOOK-KEEPING. 
 
 James A. Magruder, one of the members of the Board of Public Works, was a 
 man alike devoid of character and credit, but subsequently became famous by a 
 system of book-keeping he invented, which enabled him as treasurer of the 
 Board of Public Works to keep his accounts in inextricable confusion to the great 
 satisfaction of Shepherd, for thereby he was enabled at any time to challenge the 
 inspection of the books, well knowing that they could be made to show figures 
 as they were wanted. The Board of Audit, after nearly two years' labor, has 
 not been able to disentangle Magruder's accounts, and in bringing suit against 
 him to recover money alleged to be still unaccounted for, cannot specify the 
 amount any more definitely than " from $30,000 to $60,000.'' The criminal suit 
 on the charge of studiously confusing his accounts which was recommended to 
 be brought, has not been instituted, and propably will not, because the limit of 
 time within which it could be brought has neaily expired. The ofiicial report of 
 the Board of Audit nevertheless shows (vide Mis. doc. No. 103, part 3, H. R. 44, 
 Cong.), that an amount exceeding $1,000,000, which he claimed to have paid out, 
 had never been entered upon bis books, but which lie was allowed to account for 
 
DISTRICT OF COLUMBIA RING AND DE GOLYER BRIBE. 91 
 
 by producing vouchers not on file among the public records. When it is known 
 that he intermingled his cash with all the various certificates of indebtedness 
 issued by the Board of Public Works, it is easy to understand how he could 
 safely speculate in these depreciated securities with the public money. 
 
 ONE OP SECOR ROBESON'S PETS. 
 
 S. p. Brown, a defaulting Navy Agent, and a favorite contractor in the Navy 
 Department, completed the list of worthies who made up the Board of Public 
 Works. Brown is a native of Maine, and was placed in the Board by the influ- 
 ence of Senator Hamlin and Speaker Blaine. The choice of the ring was Hallet 
 Kilbourn, and Brown was always looked upon with suspicion, although he was a. 
 valuable adjunct on account of his connection with the Speaker of the House of 
 Representatives. He was, however, obliged after a season to retire — being^ 
 caught with an interest in a contract to supply lumber to contractors, afforded 
 the pretext for his dismissal. 
 
 Two-thirds of the " Upper Council" were ring creatures, and the other third 
 nonentities. The President in appointing members of this upper branch of the 
 Legislative Assembly, consulted the wishes of Boss Shepherd, who always had 
 ready access to the Presidential ear, through Gen. Babcock, whom he early en- 
 trapped into real estate speculations and jobs of various kinds. 
 
 AN UNSAVORY SET OF JOBBERS. 
 
 The Board of Health was composed of two quack doctors, one reputable phy- 
 sician, a colored professor of law, and a capable business man. By adroit man- 
 agement these fellows continued to get an annual appropriation from Congress, 
 amounting to about $97,000, and when the Democratic House of Representatives 
 in its general overhauling, turned over the Board of Health, it found two of its 
 members interested in very unsavory jobbery — they being the owners, though not 
 the holders of $10,000 a piece of the stock of an odorless excavating company 
 which had a valuable contract from the Board of Health. The appointments made 
 by Gov. Cooke were really dictated by Shepherd, who was familiar with local poli- 
 tics and knew that it was all-important to make friends of the same men who had 
 proved useful to Mayor Bowen in controlling the negro vote. Thus the very men 
 who had a few months previous been denounced by Shepherd and his ring friends 
 as corrupt jobbers and scoundrels were speedily enlisted under the reform (?) 
 regime. It is sufficient to instance two of Governor Cooke's appointments. He 
 made William A. Cooke, already famous for his latitudinarian interpretation of 
 laws under Mayor Bowen, the legal advisor of the Board of Public Works, and 
 to cap the climax, appointed a very illiterate coloredmannamed Johnson, District 
 Treasurer. ' Johnson had failed as a barber and as a caterer — a fine preparatory 
 schooling to fit him for the responsible position of custodian of the people's 
 money — but his appointment was a tub to the negro whale. 
 
 THE BEGGARS ON HORSEBACK. 
 
 In organizing the new territorial government. Shepherd and his ring coadjutors 
 had but little regard for their loud professions of reform and economy which 
 they indulged in while denouncing the old municipal government and advocating 
 a change. They established at the very outset a score of bureaus, with chiefs 
 thereof drawing high salaries. They had chiefs of contracts, of pay rolls, of 
 assessments, of streets, of roads, of sewers, of buildings, of repairs, of materials 
 and of property. They began with promises to do all work for 20 per cent, lesp 
 than usual prices by confining themselves to cash payments, and before three 
 years had so encumbered first, the city of Washington, then the District of Co- 
 
S2 DISTRICT OP COLUMBIA RING AND DE GOLYER BRIBE. 
 
 lumbia, then the Board of Public Works itself, with debt, that they all sank to- 
 gether under the accumulated weight, and left the general government to redeem 
 their dishonored illegal securities, which they had issued in every imaginable 
 shape. 
 
 As a necessary adjunct to the new form of government, Shepherd had culti- 
 vated intimate relations with the Commissioner of Public Buildings and Grounds 
 — an office which was transferred in 1867 from the civil to the military branch of 
 the public service, on the theory that an officer of the regular army would not be 
 likely to involve himself in speculations with outside parties. General N. Mich- 
 ler, who filled the office under assignment of March 3d, 1867, was an honest, up- 
 right, genial gentleman, but with one unfortunate weakness, which the ring took 
 advantage of and catered to, until they had well nigh ruined him. His influence 
 was essential to the success of the ring plans. Shepherd wined and dined him, 
 named a row of houses after him, but finding that a more serviceable tool could 
 be procured, he began to intrigue for his displacement, and Michler was quite 
 unexpectedly ordered to the Pacific coast in June, 1871. 
 
 SHEPHERD AND BABCOCK— CAPITAL UNLIMITED. 
 
 The office was handed over to Orville E. Babcock, who ruled in the Executive 
 Mansion as the President's Private Secretary and conscience keeper, and occupied 
 his leisure moments in working up San Domingo and other jobs. Babcock, a 
 few years before, was the very impersonation of genteel poverty ; too poor to 
 Tent a whole house for the use of his family, he was compelled in 1868 to form a 
 military mess with the families of other officers for the sake of economy, at a 
 monthly expense of about $55 for each family (see testimony of Gen. Horace 
 Porter in the New York Custom House investigation). Since that time he had 
 received no legacy, nor had any ships of his "returned from the South Sea ; " 
 l)ut in a few years after his appointment as Commissioner of Public Buildmgs 
 and Grounds he became a great real estate speculator, built rows of houses in 
 connection with Shepherd, and grew rich at a time when every outsider lost 
 heavily in real estate operations in Washington. It was, therefore, a fortunate 
 occurrence for the ring that the public grounds were at this auspicious time con- 
 fided to the care of Babcock, and not placed under the control of the Board of 
 Public Works, since subsequently this dual system enabled Shepherd and Bab- 
 <;ock to work in harmony in robbing the Public Treasury, while ostensibly acting 
 as a check on each other. 
 
 THE RING STRENGTHENING ITSELF. 
 
 Here we have to record another intermezzo. The successful alienation of the 
 undivided government reservation to the Washington Market Company in the 
 spring of 1870, heretofore alluded to, acted as an appetizer, and before long the 
 ring schemers had to throw another sop to Cerberus. Thomas A. Scott and Simon 
 Cameron were on the look-out for a city station for the Baltimore and Potomac 
 Railroad Company and their covetous eyes fell upon the Public Mali, a grand 
 pleasure park stretching from the Capitol grounds to the reservations south of the 
 President's house, and including the grounds about the Smithsonian and the De- 
 partment of Agriculture. Here, within a stone's throw of Pennsylvania avenue, 
 these railroad kings selected a slice stretching for a distance of eight hundred feet 
 transversely through the Mall, so as to mutilate the beautiful plan of the city, and 
 virlually to cut the splendid walks and drives of the pleasure-grounds into two 
 disconnected parks. In accordance with a pre-arranged programme, a bill was 
 introduced in Congress to confirm the action of the City Council, which, in the 
 
DISTRICT OF COLUMBIA RING AND DE GOLYER BRIBE. 95 
 
 very act of death, had presumed to convey this ground to the Railroad Com- 
 pany. 
 
 Senator J. W. Patterson, of New Hampshire, who was connected with Shep- 
 herd in real estate speculations, in advocating this measure, said : 
 
 The question is simply this, shall the action of the city government he confirmed hy Con- 
 gress ? I have here a line from one of the Board of Works, Mr. Magruder, saying, " The property 
 given to the Potomac Railroad belongs to the city of Washington." 
 
 Senator Thurman retorted, What is this bill doing here if the city owns the land ? 
 
 Senator Justin S. Morrill added. The city has no more title to this strip of public park then 
 had the Devil when he offered all the kingdoms of the world to the Saviour of the world. This was 
 a very cheap way for the city to manifest its generosity. 
 
 Senator Cameron said : To think of confining the city to a little bit of a park. The gentlemen 
 who now ask to have a landing place for their traftic and passengers, have already completed ar- 
 rangements by which, in two years more, a freight line will start from New Orleans with cotton or 
 any other of the products of the country, and reach the city of New York in fifty-eight hours, car- 
 rying freight so cheaply that no water communication can compete with the railroad. 
 
 Mr. Chipman, the ring delegate of the District, said in the House, in advocating the same mea- 
 sure, March 22d, 1872, The question was, whether the prospective park west of the Capitol, 
 stretching down toward the Executive Mansion, was of more importance than the commercial in- 
 terest of the city and District ? 
 
 In vain the citizens protested against this threatened mutilation of the public 
 Mall; the arrangements had been made between the railroad kings and the Dis- 
 trict ring. The action of the City Council was confirmed by Congress, and the 
 alliance between the railroad jobbers and the Board of Public Works was com- 
 plete. 
 
 THE RING LEGISLATURE IN SESSION. 
 
 The first Legislative Assembly of the Territorial Government, assembled May 
 15th, 1871, and Governor Cooke in his message said, that the funded debt of the 
 municipalities of Washington and Georgetown, and of the Levy Court of the 
 county, was about $2,350,000. He estimated the floating debt, accrued and ac- 
 cruing from existing contracts, to be $1,000,000, and urged the appointment of a 
 commission to ascertain and audit the same, and to devise a plan for funding it. 
 He set down the receipts of the Corporation of Washington, from general taxa- 
 tion, at $1,500,000, and claimed that the expenditures of the same, including 
 schools, police, fire department, gas, salaries and interest on the debt, would be 
 $800,000, leaving a surplus of $700,000, applicable to street improvements and 
 the reduction of the debt. 
 
 The " Union Club" had been established across the street from the hall where 
 the Legislative Assembly met. There William A. Cooke was hidden in a private 
 room, employed night and day drawing up bills at the dictation of the Board of 
 Public Works, and the Legislative Assembly was simply required to register the 
 decrees of this autocratic body. 
 
 On June 16th the House of Delegates called for a plan of improvements deemed 
 necessary by the Board of Public Works, and the estimated cost thereof. 
 
 On June 20th, four days afterwards, the Board submitted an elaborate, "com- 
 prehensive planj" of improvements, " for every portion of the District of Colum- 
 bia," accompanied by detailed estimates. Accompanying this comprehensive 
 plan was a statement submitted by the Board of Public Works, from which we 
 extract the following : 
 
 The Board is of the opinion that the interests of the District imperatively require that the 
 necessary appropriations should at once be granted, that operations may be commenced without 
 delay. 
 
 THE MILLIONS BEGIN TO FLOW. 
 
 Such extraordinary haste excited the suspicion that the greatest possible amount 
 of plundering was to be done in the shortest space of time. The estimated cost 
 of the proposed improvements was $6,578,397, of which one third was held to be 
 assessable on adjoining private property, so that an appropriation of $4,385,598 
 
$4 DISTRICT OF COLUMBIA RING AXD DE GOLYER BRIBE. 
 
 was asked for; and on July lOtli aa act was passed authorizing the Government 
 to contract a loan by issuing $4,000,000 of bonds, the whole of which were to be 
 placed under the control of the Board of Public Works, without requiring any 
 of the guarantees usually imposed upon the custodians of public funds. 
 
 The remarkable speed which the new government displayed in contracting in- 
 debtedness startled the community, and numbers of citizens sued out an injunc- 
 tion restraining the issue of the bonds, in order to test the legality of the law 
 authorizing the $4,000,000 loan ; but the ring Avas not to be baffled in this way, 
 and at the instance of the Board of Public Works, the Legislative Assem- 
 bly, without awaiting the action of the courts, passed on August 19th, 1871, 
 another law authorizing a loan of $4,000,000, which was to be submitted to the 
 vote of the people. All the machinery which had been employed under the cor- 
 rupt Bowen administration to manipulate the impecunious voters of the District 
 was brought into requisition by the Board of Public Works, and a large majority 
 obtained for the proposed loan bill. 
 
 FALSE REPRESENTATION. 
 
 A prospectus of the loan was published in the leading newspapers of Europe. 
 Its tenor was that this was a loan guarantee by the United States, and contained 
 absurdly false statements, such as the following : 
 
 " Besides the guarantee secured to the creditor by this exceptional position, the state of the 
 finances of the District of Cohimbia and of the city of Washington is exceedingly favorable, as it 
 was officially ascertained that on the 31st of May, 1871, the entire indebtedness of the city of Wash- 
 ington and Georgetown, and the county of Washington, amounted only to $3,090,492.27, against 
 & taxable real and personal property valued at $190,000,000. Of this $30,000,000 represents taxable 
 property belonging to the United States Government." 
 
 This statement was false, for the taxable real and personal property of the 
 District, at the assessment of June 30th, 1872, amounted to only $86,215,337. 
 The United States has no taxable property in the District, and the debt of the 
 District at the date of this prospectus was in reality $4,381,297.37. When Gov- 
 -ernor Cooke was confronted- with these disgraceful deceptions, by which the 
 credit of the District was temporarily inflated, he claimed to have sold the bonds 
 at 94 cents net to the First National Bank of New York, and disclaimed any 
 knowledge of or participation in the negotiations in Europe. It is sufficient to 
 say that the notorious prospectus was published over the signature of Seligman 
 & Stettheimer, and that the Seligmans are the successors of Jay Cooke, McCul- 
 loch & Co. as the financial agents of the United States in Europe. 
 
 THE JUDICIARY PROSTITUTED. 
 
 The temporary injunction on the issue of the first $4,030,000 of bonds was 
 "dissolved, the judge who determined the cause having been called to the rescue 
 from his Western home, and given a fine mansion in Georgetown in exchange 
 for a piece of swamp land in Arkansas. Undoubtedly the Ring originally in- 
 tended to issue the bonds authorized by each separate act of the Legislative As 
 sembly, but they were prohibited by an act of Congress from negotiating more 
 than $4,000,000. The funded debt of the District was limited by the organic act 
 to 5 per centum of the taxable real estate. This the Ring sought to evade, by 
 ignoring the funded debt of the old municipalities ; but Congress was forced by 
 the clamors of the citizens to declare, under the Act of May 8th, 1872, that, in 
 the meaning of the organic law, the debts of the old municipalities were to be inr 
 eluded; but, inasmuch as the old funded debt and the new $1,000,000 loan would 
 have exceeded the 5 per cent, limitation, this clause was repealed, and the limit 
 of the debt of the District was fixed at the round sum of $10,000,000. On this 
 $4,000,000 Loan Act as a basis, the Board of Public Works reared a colossal debt, 
 
DISTlilCT OF COLUMBIA EIXG AND DE GOLYER BRIBE. 95 
 
 which now rests with an oppressive weight upon the people of the District. The 
 means by which this gigantic indebtedness was created were as tortuous as the 
 necessities of desperate men could suggest. The charge of one-third of the cost 
 of improvements on adjoining property, public and private, was legitimate, but 
 the cost of improvements were swelled purposely, in order that the assessment 
 on private property might be increased, and false measurements were resorted 
 to, with the connivance and participation of General Babcock, Commissioner of 
 Public Buildings and Grounds, in order to increase the charges made against 
 property owned by the government. Being unable by all these devices to keep 
 up their sinking credit, the Board of Public Works resorted to the issue of certi- 
 ficates of indebtedness in every imaginable form, thus recklessly increasing the 
 debt of the District in the face of the plain letter of the law. When finally 
 false statements of the financial condition of the District would no longer avail 
 them, the insolent legal proposition was started that the constitutional limitation 
 applied simply to the District proper, and that the Board of Public Works was 
 an independent corporation, with the power to create a debt without limit. 
 
 ARRANGING SCHEMES OP PLUNDER. 
 
 While the District government was arranging this plan and preparing for its 
 career of jobbery, affiliated Ring speculators were devising various schemes of 
 plunder. Chief among these was the formation of the Ileal Estate Pool, with 
 two branches acting conjointly and separately as the interests of the master 
 spirits required. As a tender to this, a contract pool was made which was de- 
 signed to monopolize all the high-priced paving jobs. • Hallet Kilbourne was 
 chosen as the middleman of one branch of the Real Estate Pool, while his 
 partner, James M. Latta, acted for the other. Kilbourne had in his combination 
 five parties, one being a Judge of the Supreme Court of the District, and two 
 others being Members of Congress, while the remaining two are unknown to the 
 present day. Senator William M. Stewart, of Navada, and two Pacific Coast 
 speculators were the principal parties interested with Latta in the second branch 
 of the Real Estate Pool. John O. Evans and Lewis Clephane, the former an un- 
 scrupulous contractor, and the latter a trustee of the Freedman's Savings Bank, 
 deep in all the rascalities by which the poor freedman were robbed, stood as god- 
 fathers for most of the operations of the contract pool. Kilbourne, a sharp un- 
 scrupulous fellow, who had formerly been the chief clerk in the Interior 
 Department, was set up in the real estate business by William S. Huntington, 
 <'.ashier of the First National Bank. He had probably been useful to Hunting- 
 ton in his official capacity, and was brought out of obscurity by this shrewd and 
 enterprising gentleman, who doubtless designed to use him in a more enlarged 
 field of operations. Kilbourne is a clever talker, earnest and impressive, capable 
 of setting forth a speculative venture in its most attractive form. When the 
 Ring was fairly organized, the part assigned him to play wa^ 
 
 TO ENTICE CONGRESSMEN, JUDGES AND INFLUENTIAL FEDERAL OFFICE-HOLDERS 
 
 to invest in the Real Estate Pool, and to lend their influence to secure from Con- 
 gress such legislation as the Board of Public Works desired. One of the objects 
 which Huntington had in establishing him in the real estate business was to have 
 an unscrupulous man who might be used to appraise property on which it was 
 desired to procure loans from the Freedman's Bank. Henry D. Cooke, Hunting- 
 ton and Lewis Clephane, constituted the majority of the Finance Committee of 
 that concern, and virtually controlled the accumulated deposits, amounting to 
 over $4,000,000, which had been collected from the poor freedmen of the South. 
 
96 DISTRICT OF COLUMBIA RING AND DE GOLYER BRIBE. 
 
 Kilbourne's duty, as appraiser of the Freedman's Bank, was to act as a go- 
 between for the Cookes and Huntington, and parties who desired to effect loans 
 on their real estate. If Cooke or Huntington was applied to for a loan of the 
 freedmen's money on real estate, or other securities, the applicant was politely 
 referred to Kilbourne, just as subsequently if any one wanted a contract he was 
 sent to the same source. In this way Kilbourne got a fee for appraising property 
 for the Freedman's Bank, and another of 2^ per cent, for negotiating the loan. 
 In a short time, from comparative poverty he rose to affluence, and discarding 
 the modest tenement house in which he had lived for many years, built himself a 
 palatial mansion close to the palace of Boss Shepherd, and blossomed out into a 
 leader of the shoddy fashion of the national capital. 
 
 A USEFUL JACK-OF-ALL-TRADES. 
 
 Lewis Clephane, a fussy, lean little man with sharp features, fair complexion, 
 and weasel eyes, protected by gold spectacles, had figured about Washington as 
 a Jack-of-all-trades for twenty years or more, without making a reputation, or 
 accumulating a fortune. He began his career in the office of Doctor Bailey's 
 National Era, an anti-slavery weekly, where he made himself generally useful in 
 the dual capacity of clerk and solicitor of advertising. From his connection with 
 this paper he obtained a bowing acquaintance with the anti-slavery magnates of 
 the olden time. This slender acquaintance served him as his political and reli- 
 gious stock In trade, when the Republican Party came into power. He was 
 made city postmaster, and afterwards collector of internal revenue by Mr, 
 Lincoln. Neither of these offices afforded scope for his genius, which was 
 especially adapted to jobbery. As Vice-president and member of the Finance 
 Committee of tlie Freedman's Savings Bank, Clephane had important functions 
 to perform for the Ring. The Metropolis Paving Company, Lewis Clephane, 
 president, and the Scharf Concrete Paving Company, John O. Evans, president, 
 while struggling for recognition at the hands of a skeptic community, had to be 
 sustained by loans advanced on their as yet worthless stock from the ever con- 
 venient savings of the poor freedmen. These two worthies, the presidents of the 
 two principal Ring paving companies soon proved themselves to be adepts in Bill 
 Kemble's art of " addition, division and silence." 
 
 THE boss's "SQUAREST CONTRACTOR." 
 
 Evans was a keen, shrewd, close-mouthed operator, who kept aloof from poli- 
 tics, and unlike other members of the Ring, eschewed fashionable life. These 
 qualities fitted him admirably for the part which he was at a later date to play as 
 the representative of the Shepherd-Babcock-White-House Ring, which fattened 
 exclusively on government pap by means of extortionate prices for work done 
 on, in front of, and through government reservations, the measurement of which 
 was confided to Babcock, and the bills certified to by him and paid by Shepherd 
 out of the appropriations made by Congress. The confidence placed in Evans is 
 shown by the following testimony of Shepherd before the Joint Investigating 
 Committee : 
 
 I can say this much for Mr. John O. Evans, that he in one of the best business men lever knew, 
 and as a contractor, he is one of the squarest and most upright men I ever met; that the work done 
 by him is unsurpassed by that done by any other person in this city. There never has been any 
 difficulty with him in getting him to make his work right (page 1936, District Investigation.) 
 
 Of course it is not to be expected that men of a low standard of morality would 
 deal with each other honestly except when compelled so to do by the cohesive 
 power of public plunder. Huntington died in 1872, and his Ring associates, true 
 to their real natures, undertook to defraud his widow of the proportion of spoils 
 
DISTRICT OF COLUMBIA. RING AND DE GOLYER BRIBE. 91 
 
 justly due her. Determined to bring her husband's unscrupulous partners to 
 terras, Mrs. Huntington gave publicity to the following letter, which was written 
 by Hallet Kilbourne to Huntington : 
 
 A VERY SUGGESTIVE LETTER. 
 
 GiLSEY HousB, New York, "> 
 
 Corner Broadway and Twenty-ninth streets, 1 
 
 Bbbslin, Gardner & Co., Proprietors, f 
 New York, Friday, August 25, 1871. J 
 Mp Dear General : Evans, Clephane and mj'gelf left Washinjjton last night to visit Pliiladelphia 
 and this place, and " gobble up " all the asphalt or concrete pavements we can. In Philadelphia, 
 to-day, we secured Filbert's vulcanite pavement, which is being used quite extensively in the park, 
 and has the very best recommendations. We shall close up the business to-morrow In black and 
 white. We bought a steam-roller to-day from an English agent, who orders it from Liverpool by 
 cable to-night. It costs, delivered, about $5,200. We shall secure another stone-breaker and a lot of 
 asi)halt to-morrow. The Board of Public Works have advertised for proposals for paving, to be 
 opened next Friday, the 1st instant. We propose to be prepared for them. We had to make a 
 email King of about seven persons in order to accomplish results. In this Bmg we had to put all the 
 concretes. Evans, Clephane, yourself, Kelley, Kidwell, and myself comprise six of the " Ring." 
 We shall pu t it in the best shape possible. We shall try and control the entire Ick of asphalt pave- 
 ments. We will go home Sunday evening and get all things in readiness for 1st of September. 
 H. D. C. tells me to draw on him for $25,000 cash for Real Estate Pool. 
 Hope you will make a special effort in Junction Railroad bonds. 
 
 I judge fromyour telegram to Frank from St. Petersburgh that you will hardly get the Perkins 
 claim through in time to return on steamer of 16th September; hope, however, you will, as it is 
 devilish lonesome and quiet here during your absence. 
 
 Let me hear from you. Truly yours, HALLET K. 
 
 THEY COME DOWN WITH THE CASH, 
 
 The publication of this letter was notice to the mean scoundrels who would 
 have defrauded the widow that unless they came down with the cash there was 
 more ammunition in the same magazine which would be exploded at the proper 
 time, and accordingly they settled. As to the bearing of the above letter on the 
 Real Estate Pool it was proved and admitted, before the Joint Investigating Com- 
 mittee of the Forty-third Congress, that H. D. C. stood for Henry D. Cooke, the 
 governor of the District, who subsequently claimed that he had put up the $25,000 
 for the firm of Jay Cooke & Co. ; and, still later, Kilbourne & Latta, acting for 
 thQ Real Estate Pool, to prevent further exposures, compromised with the trustee 
 of Jay Cooke & Co.'s creditors by the payment of $40,000 in cash. It was also 
 admitted that besides the $25,000 advanced by H. D. Cooke, five other parties put 
 up $5,000 apiece, making a pool of $50,000 for the Kilbourne branch of the Real 
 Estate Pool. 
 
 Upon the trifling capital of $50,000 this Real Estate Pool accomplished wonders 
 by virtually making the millions spent for improvements a part of their working 
 capital and by commanding the credit of the then solvent house of Jay Cooke & Co. 
 
 A DEVICE OF THE RING. 
 
 On June 20th, 1871, two months before Kilbourne's letter to Huntington above 
 given was written, the Board of Public Works sent the schedule and estimates of 
 the improvements contemplated under their "comprehensive plan "to the Dis- 
 trict Legislature. These documents, as subsequent events have demonstrated, 
 were framed for the purpose of deceiving the public, as well as contractors not in , 
 the Ring. They contain the official declaration that — 
 
 The board is satisfied, upon careful consideratioe, that as a rule the value of property in the Dis- 
 trict will not warrant the general introduction of wood or other expensive pavements, and, if at all • 
 used, it should be confined to a few of the principal avenues of communication. 
 
 The estimates included but 231,000 square yards of wood pavement, at prices 
 ranging from $3 to $4 per yard, while no concretes were estimated for. There 
 are now fully 2,000,000 square yards of these expensive and altogether w^orthless 
 pavements in this city. John O. Evans, Kilbourne, and their associates were so 
 well informed of the real intentions of the Board of Public Works, and so sure of ' 
 gobbling up "all the concretes," that they imported a steam roller, expensive; 
 
98 DISTRICT OF COLUiAIBIA RING AND DE GOLYER BRIBE. 
 
 stone breakers, and other machinery, costing over $30,000, and purchased "a lot 
 of asphalt " one week before any bids were opened. This false declaration of the 
 Board of Public Works also enabled them to "gobble up " the right to use in the 
 District, on very favorable terms, the most profitable patents for wood and con- 
 crete pavements. Thus the Contractors' Ring was made ready for the carnival 
 of plunder. 
 
 The northwestern and the northeastern sections of the city slope from the 
 boundary down to North L and G streets, and were then vast tracts of unim- 
 proved land, with 
 
 LARGE AREAS COVERED WITH WATER 
 
 during a portion of the year. The first named locality was selected as the theater 
 of the Real Estate Pool's operations. Such streets in both of these quarters as 
 were enumerated in the board's communication to the District Legislature for im- 
 provement were specified for graveling, with here and there some macadamizing. 
 Speculation in real estate based upon information open to all of course was 
 legitimate. But while the specifications were, so far as the northeastern section 
 was concerned, adhered to in the limited amount of work done there, the pool 
 district was paved with the most expensive wood and concrete pavements. The 
 avenues and streets were extended through this section and graded, paved, parked 
 and bordered with shade trees, the reservations laid out and improved in the most 
 extravagant manner, while over the vast expanse there were dotted, at long dis- 
 tances apart, only a few scores of dwelling houses. This locality is travereed in 
 every direction by avenues, and the general government, by the shrewd manipu- 
 lations of the Committees on Appropriations in the Senate and House, has been 
 made to pay five-sixths of the cost of improving these, while two-thirds of the 
 cost of the streets, by the organic act of 1871, was chargeable to the general fund 
 of the District. Thus it will be seen that but a very small portion of the vast 
 expenditures which have been lavished on the pool property came out of fne 
 pockets of the speculators who profited thereby. 
 
 ADDITION, DIVISION AND SILENCE. 
 
 The change in the plan which was sent to the Legislature was kept secret for a 
 whole year. The contracts which were let during that period covered the cen- 
 tral section of the city and a few main lines of travel into the country, and thus 
 the public was led to believe that the published programme was to be carried out 
 in good faith. The first contract of any magnitude for work to be done in the 
 northwestern section was let August Cth, 1872, to Chas. E. Evans & Co., for 
 $290,875 worth of concrete pavements to be laid on Connecticut and Massachu- 
 setts avenues. Eighteenth, L and other streets. The interval between the publi- 
 cation of the false estimates and this denouement of the plot gave the conspira- 
 tors ample time to buy up for a song the property they had in view, and when 
 questioned by the investigating committee, Kilbourne could insolently reply, 
 "We had faith." 
 
 The amount of cash capital with which this huge speculation was started seems 
 insignificant, but all the purchases were made for small cash payments, notes 
 running a long time being given for the balance, and secured by deeds of trust. 
 The pool relied on the great profits which they expected to make from sales to 
 meet these notes as they fell due. They expected outsiders to be inspired with 
 " faith " as soon as the public became aware of the extent of the improvements to 
 be made in the pool district. The following transactions show that these expect- 
 ations were speedily realized: 
 
DISTRICT OF COLUMBIA RING AND DE GOLYER BRIBE. 99 
 
 RING PROFITS. 
 
 September 23, 1871, Hallet Kilbourne, trustee, bought of W. W. Rapley 140,- 
 
 406 square feet of ground in square 203 for $31,525, of which $15,000 remained 
 
 at per cent, interest, secured by deed of trust. The same lots were sold March 
 
 32, 1873, to Charles Payson, for $35,785, subject to the deed of trust for $15,000, 
 
 or in toto for $50,875. This transaction may be summarized as follows: 
 
 Outlay of Real Estate Pool ; cash paid September, 1871 $6,525 00 
 
 Interest on cost and incumbrance for eighteen months 1,291 50 
 
 Taxes for one year on assessed value of $19,888 400 OO 
 
 Total casb outlay $8,216 50 
 
 On this expenditure of $8,216.50 they received within eighteen months $35,875, 
 a net profit of $27,658 cash, which is equal to a return of $436 for an invest- 
 ment of $100. 
 
 Another illustration. Lot 4 in square 157 was bought September 27, 1871, and 
 sold May 3, 1873. The expenses, calculated as above, foot up about $3,162 cash, 
 and a net profit of $5,443 was realized thereon. In this instance an outlay of 
 $100 brought back $272. 
 
 These sales were made at a time when the pool wanted money to meet deferred 
 payments on other property. The major portion of their purchases were made, 
 however, at twenty-five or thirty cents per square foot, and all this property is 
 now held at from $1.50 to $ 2 per foot. 
 
 The da-es of these transactions show that while the Board of Public Works 
 misled outside capitalists by false official statements, Henry D. Cooke, the Gov- 
 ernor of the District and ex officio President of the Board of Public Works, pros- 
 tituted his official position by entering into a conspiracy to deceive the public, 
 and, by 
 
 fiPECDLATING ON INFORMATION . 
 
 known to him only as a sworn officer, thereby enriched himself and his confed- 
 erates. He furnished one half the capital of this cash pool; and had not bank- 
 ruptcy overtaken his firm, the secrets of this conspiracy would in all probability 
 have been unknown to-day. 
 
 The other branch of the Real Estate Pool which was ostensibly headed by Wil- 
 liam M. Stewart, and for which Latta, Kil bourne's partner acted as trustee, un- 
 doubtedly acted in harmony with the Kilbourne-Cooke branch. 
 
 Curtis J. Hillyer and Thomas Sunderland, two Pacific coast speculators, were 
 associated at different dates — the f'^)rmer in May, 1871, and the latter about May, 
 1872 — with Stewart. The operations of Stewart in mining stocks had so crip- 
 pled him that in December, 1872, he was compelled to retire from the Real 
 Estate Pool; but he received a bonus of $18,000 for his interest in the profits to 
 be realized. Hillyer and Sunderland remained, and Latta conducted all their 
 operations as trustee in the same secret manner which Kilbourne originated for 
 his CO conspirators. 
 
 All the best tracts of land held by the trustees could be sold by them in fee 
 
 simple or mortgaged without the interference of the parties for whom they were 
 
 acting, as will appear by the following, which formed the habendum clause in 
 
 every dc< d by which property was conveyed to them: 
 
 "To have and to hold the same pieces or parcels of prronnds, premises, and appurtenances nnto 
 and to tlic use of the said party of the second part, his heirs and assigns in and upon the trusts, 
 and for tlie purposes particularly set forth in a printed paper bearing even date with these presents, 
 and signed by the said pirty of the second part with full power, however, in the said party of the 
 second part to pell and convey said property in fee simple, or by wav of mortgage, or deed of trust, 
 to secure payment of money at such time and place, or such sums of money, upon such terms and 
 m such manner as in his judgment may be proper, without any liability^ on the part of the pur 
 
100 DISTRICT OF COLUMBIA KING A^D DE GOLYEE BRIBE, 
 
 chaser or inortgaisror to see to the application of the purchase money, or money advanced on mort- 
 gcige or deed of trust as aforesaid." 
 
 The " printed paper" referred to in the above quoted habendum clause was a 
 skillfully drawn instrument of concealment. The following is a copy of the 
 form used by the Kilbourne branch of the pool : 
 
 THE INSTRUMENT OF CONCEALMENT. 
 
 " Whereas, The following real estate in the city of Washington, District of Columbia, has, by 
 the parties hereinafter named, and by deeds bearing dates as stated (property described by squares 
 and lots), been conveyed to me in fee simple; 
 
 " To have and to hold the same upon trusts and for the purposes set forth in this paper signed 
 and sealed by me, bearing even date with the said deeds. And whereas, the cash payment of the 
 purcha e money for said property and other was advanced by the following named persons, in re- 
 spective bums set opposite their names, to wit: 
 
 Jay Cooke & Co ^25,000 00 
 
 Five other parties, each $5,000 25,000 00 
 
 Total $50,00000 
 
 And Wliereas, Promissory notes for the deferred payment of the said purcha>se money have 
 been given for the said parties respectively as follows: Jay Cooke & Co., one-half ; five other 
 parties, each one-tenth. 
 
 Now, therefore, this is to declare that I hold said real estate in trust, to be held, managed and 
 sold for the above-named parties in fee simple as tenants in common ; the interest of said parties 
 in said real estate bein^^ in proportion to the sums paid by them respectively. It l>einir understood 
 that upon the failure or any of the said parties to pay their proportion of said notes or interests or 
 taxes, as the baine become due (first havmg been notified of the amount require d and time of pay- 
 ment), then the same may be paid by the remaining parties in interest and, at their option, 
 refund to such delinquent party or parties the sum of money previously advanced without interest, 
 and such delinquent's interest in said property shall revert to the remaining parties in proportion 
 to amounts severally advanced by them to make good said delinquent's interest. 
 Given under my hand and seal this 2d day of October, A. D., 1S72. 
 
 (Signed) HALLET KILBOURNE, Trustee. {x.. s.] 
 
 We acknowledge the above statement to be correct, and agree to the same. 
 
 (Signed) JAY COOKE «fc CO., 
 
 And by five others. 
 
 TRYING TO DEFRAUD CREDITORS. 
 
 On September 18, 1873, Jay Cooke & Co. failed, and six days later the conspira- 
 tors interested in the Real Estate Pool, with the assistance of the members of the 
 firm of Jay Cooke & Co., undertook to defraud the creditors of that concern by 
 ayailing themselves of the clause in the " printed paper " to call in an assessment. 
 This, of course, Henry D. Cooke declared himself unable to pay, in order that 
 there might be an opportunity to forfeit his interest and thus prevent the affairs 
 of the pool from being overhauled in the bankruptcy proceedings. In conse- 
 quence of this action of the Ring a suit was entered in 1875 by the trustee of Jay 
 Cooke & Co. 's creditors to compel Kilbourne & Latta, as the trustees of the 
 Real Estate Pool, to state an account. This frightened all the men who were 
 interested in the pool, and pressure was brought to bear on Mr. Lewis, the trustee 
 of Cooke's creditors, who finally compromised the matter on the payment of 
 $40,000 by Kilbourne «& Latta — a sum altogether inadequate, since the profits of 
 the Ring, as has already been shown, were very much larger. 
 
 The intimate connection of the two branches of the Real Estate Pool is evi- 
 denced by a transaction recorded October 2, 1872, when James M. Latta, the 
 trustee of the Pacific coast pool, conveyed 273,000 square feet of valuable ground 
 iu the northwestern section, on which, according to the records, cash payments 
 to the amount of nearly $50,000 had been made to Hallet Kilbourne, trustee of 
 the Cooke pool, for a consideration of one dollar! Latta, when examined before 
 the joint select committee in 1874, in vain attempted to explain this transaction, 
 Jiut the most he claimed was that he had received from Jay Cooke & Co.'s bank 
 about $6,000 on the order of Kilbourne to make the purchase. On the other 
 side, Kilbourne, trustee, conveyed in May, 1872, square 150, for which his pool 
 had paid $13,748 cash, and gave a deed of trust for $52,000 (total $65,748), to 
 iames M. Latta, trustee, for $90,429, subject to the above-mentioned deed of 
 trust, making a total of $143,177. 
 
DISTRICT OF COLUMBIA RING ANf> i)K 'GK^LrKK iBCI^i-:. 101 
 
 TO MISLEAD FUTURE CUSTOMERS, 
 
 and settle with their secret allies, numerous bogus transactions were put on 
 record. For instance, Stewart and Hilly er purchased in June, 1871, squares 66 
 and 93 for $64,700. After Hillyer bought out Stewart he kept a piece of land 
 from the above, which was proportionately worth $6,500, and conveyed the rest 
 in March, 1873, for a consideration of $125,000, subject to a deed of trust for 
 $51,700, to James M. Latta as trustee. 
 
 The titles to the rest of the pool purchases oscillated between the three mem- 
 bers of the firm of Kilbourno & Latta (John F. Olmstead being the third mem- 
 ber), as tlie necessities of covering their transactions seemed to dictate. The 
 aggregate purchases of the two pools from July, 1871, to July, 1873, were 2,456,- 
 046 square feet of ground, for which they paid $704,267. 30— about one-fourth in cash 
 and the balance in long notes. This shows an average of about 29 cents per foot. 
 There were in 1873 bona fide sales of pool property recorded, amounting to 307,- 
 614 square feet, yielding over $217,000, or an average of nearly 70 cents per foot, 
 and 75,223 square feet were withdrawn as sites for the palaces of Messrs. Stew- 
 art and Hillyer. At this date there are 2,063,219 square feet standing in the 
 names of Kilbourne, Latta and Olmstead, trustees, which, at the prices aslied, 
 aggregate fully $2,500,000, They are assessed, however, even now under the 
 revised assessment at only $617,253, or 29| cents per foot, which simply repre- 
 sents the cost price of the ground when it was unimproved and some of it under 
 water. 
 
 THE PEOPLE HAVE TO FOOT THE BILLS. 
 
 The improvements in this pool district, which were paid for out of the United 
 States treasury, and from the general fund of the District, aggregate fully 
 $4,000,000. The profits on these Ring transactions must amount to fully $1,500,- 
 000 ; but, notwithstanding this fact, Kilbourn avers that of the 2,000,000 square 
 feet held by himself and Latta and Olmstead, only 257,123 square feet belong to 
 the Cooke pool, and proposed to settle with the trustees of Cooke's creditors for 
 $40,000, and this proposition was accepted. 
 
 Besides the direct pool operations, the most trusted friends of the Ring in and 
 out of Congress speculated largely in property situated in the pool district on 
 their own account, in addition to their secret interests in the pool connections. 
 
 HOW SOME ROGUES WERE PAID. 
 
 Secor Robeson, in the name of Augustus S. Campbell of Chicago, bought in May, 1872, square 
 193, containing 155,526 square feet for $79,841, subject to the payment of a heavy mortgage. Part 
 of this square he has sim e exchanged for Little Emma Stewart's old brown stone house fronting 
 on the Fourteenth street circle. 
 
 Secor Robeson's bosom friend, A. G. Cattell, bought in August, 1871, about 35,000 square feet 
 of ground in square 195 for $23,000. He was Boss Shepherd's first choice for District Commia- 
 sioner, but failing to get him, Ketchum was taken as second best. 
 
 Stewart's pal in the Little Emma Mine swindle, Robert C. Schenck, bought in April, 1871, 
 square 135, containing 35,918 square feet. This is adjacent to Stewart's new mansion. 
 
 E. C. IngersoU, ex-member of Congress from Illinois, formerly Chairman of the District of Colum- 
 bia Committee of the House, and now a notorious lobbyist and dabbler in street contracts, boughtin 
 the spring of 1873 square 137, containing 163,440 square feet, for $80,000, subject to a heavy mort- 
 gage. This thriving statesman owns besides over 20,000 square feet in smaller parcels throughout 
 the pool district. 
 
 Ex-Senator Joshua Hill, of Georgia, owns square 137, containing 83,780 square feet. 
 
 Ex- Attorney -General Williams purchased the larger portion of square 159, and has advantage- 
 ously disposed of the greater part of it. 
 
 JohnO. Evans, the Boss's "squarest contractor." owns square 190, containing 159,264 square 
 feet, besides numerous parcels, and has lots in various parts of the pool district. 
 
 Ex-Senator Patterson speculated largely in connection with Boss Shepherd in property situated 
 in the pool district, but this is now in the name of either Kilbourne or Latta, trustees, perhaps to 
 cover up interests which the honorable gentlemen do not desire the public to know about. 
 
 These facts make it clear that the Real Estate Pool was designed not only to en- 
 rich the master spirits of the District Ring proper, but also to afford a means of 
 
102 DISTBTCT OF COLUMBIA KING AND DE GOLYEB BRIBE. 
 
 securing the assistance of influential Federal officeholders and Congressmen, and 
 a perfectly safe way of paying these corrupt men for their services. 
 
 A FEW SPECIMEN FRAUDS. 
 
 The first step taken by the Board of Public Works after their induction 
 into ofl3ce presaged dire results. To the suspicion of corruption and jobbery 
 which attached to the Board of Public Works, were added grave doubts of their 
 competency for the performance of the work confided to them. We adduce a 
 few instances. On July 15th, 1870, Congress appropriated at the instance of the 
 speculators we have outlined above, $50,000, "for the purpose of dredging, nar- 
 rowing or arching over the city canal," under the supervision of the Board of 
 Commissioners, of which General M. Michler, then Commissioner of Public 
 Buildings and Grounds, was the expert member, on condition that the city of 
 Washington should raise by taxation $100,000 for the same purpose. In ISTovem- 
 ber, 1870, these commissioners, Hallet Kilbourne being one, entered into a con- 
 tract with John O. Evans, under the firm name of Teemyer & Co., "to dredge, 
 clean out and narrow," according to General Michler's plans and specifications. 
 Before any work was done on this contract the same unscrupulous operators 
 procured a clause to be inserted in the appropriation act, approved April 20, 1871, 
 by which all the powers of the Canal Commissioners were transferred to the 
 Board of Public Works, so that the board, with A. B. Mullett as its Civil Engi- 
 neer, became responsible for this work. First, under pretence of narrowing the 
 canal, worthless walls were built upon shaky pile foundations, which soon gave 
 way. To hide this jobbery, the Board of Public Works decided to fill up the canal, 
 but before this decision was made the $50,000 appropriated by Congress had been 
 squandered, and in addition, as is admitted by Shepherd in his report, dated Feb- 
 ruary 28, 1874, to the Joint Investigating Committee, $109,221.61, making a total 
 of $159,221.61 actually thrown into the old canal. Then for filling the canal, fa- 
 vorite contractors were paid in addition to the regular price allowed for grading 
 on the streets in August, 1872, and January, 1873, upon measurements made by 
 Babcock, $122,216.80. And again in January and August, 1873, another sum of 
 $213,550.70 was paid for arching (or making a sewer of) i.his same canal. And 
 further still, Babcock diverted additional sums for grading reservation No. 2, to 
 pay for filling the canal. This same imbecile policy of doing and undoing this 
 work has been, and is being continued up to the present day by means of bonds 
 and cash derived from District sources at a total cost so far of about $600,000. 
 
 -THB TWEED RING OUTDONE. 
 
 North Capitol street was put under contract by the old corporation to be paved 
 and improved with a park laid out in the center of the street : the Board of Pub- 
 lic Works continued this contract and finished the street at a cost of $66,245.11; 
 but while the contractor was still at work under the contract let by the old cor- 
 poration, another having a contract from the Board of Public Works followed, 
 tearing up the work just finished. The object of this last improvement (?) of 
 North Capitol street was to make property which had been purchased by Shep- 
 herd, A. R. Corbin— Grant's brother-in-law— Huntington and others more valua- 
 ble, by diverting a natural water course which ran through it to the center of the 
 above named street. 
 
 In November, 1871, before the special election took place on the second $4,000,- 
 000 loan bill, various streets and roads were in process of improvement. Among 
 others, the Seventh street road, a country thoroughfare nearly three miles in length, 
 and leading to Shepherd's country seat, was included in the schedule of the so 
 
DISTRICT OF COLUMBIA IIING AND DE GOLYER BRIBE. 103 
 
 called "Comprehensive Plan of Improvements" authorized by the Legislative 
 Assembly. The work to be done on this road was estimated, under the head of 
 "repairs," at $3,500. Subsequently Shepherd claimed before a committee of 
 Congress that this was a typographical error, and that the figures should have 
 been $35,000, aad that the repairs were to consist of a ne;? macadamizing of the 
 whole road. The footings of the figures in the columns of which the estimated 
 cost of the various improvements were carried out, branded this sworn statement 
 of Shepherd's as a deliberate falsehood, but still the Committee accepted it as a 
 truth, and it was three years before the entire cost of improving the Seventh 
 street road was discovered. The official figures submitted to Congress in the 
 .spring of 1875 show that the enormous sum of $300,339.39 were squandered oa 
 this imperfectly constructed road. It cost $70,000 per mile — more than is re- 
 quired to build and equip a railroad the same distance. The direct expenses of 
 registration, advertising, &c., for the two elections in 1871, exceeded $100,000. 
 
 LETTING CONTRACTS AND FIXING PRICES. 
 
 On August 31st and 35th, 1871, bids were invited for laying wood, tar, Maca> 
 dam and Belgian pavements, for curbs, sewers, &c., on certain specified streets. 
 The bidders were required to deposit with the Collector of the District $1,000 on 
 each item bid for, as a guarantee that they would conform with any award made. 
 On September 13th Shepherd moved in the Board meeting, that the Collector re- 
 port the amount of the guarantee fund then received, from whom, and at what 
 date. In this way it was found that responsible contractorj outside the Ring had 
 made bona fide bids. Thereupon all bids received were rejected, notwithstanding 
 the plighted faith of the government to av*'ard the contracts to the lowest respon 
 sible bidder. All the profitable work was then arbitrarily awarded to favor- 
 ite contractors, at prices established by the Board, which were arrived at by 
 averaging the bids of contractors who were decided by the Board to be responsi 
 ble. To keep up appearances, outsiders got small contracts for less desirable 
 work at less remunerative rates. Simultaneously it was determined to establish 
 a Property Bureau under the philanthropio pretext of aiding contractors having 
 limited capital. The real object of this system was to enable the ring jobbers to 
 get the benefit of the wide margin between nominal or card prices and the heavy 
 discounts allowed to wholesale customers. By these bold moves, successfully 
 carried out, the ball opened and the jobbing began in real earnest. 
 
 In October, 1871, the great Chicago fire occurred, and Governor Cooke called 
 an extra session of the liCgislative Assembly for the exclusive purpose of voting 
 $100,000 for the relief of the suffering people of that afflicted city. The issue of 
 five-year bonds was accordingly authorized and negotiated, but it took more than 
 a year's begging to get $07,500 into the hands of the Relief Committee ; the bal- 
 ance was swallowed up by commissions and otherwise absorbed. 
 
 A WHITEWASHING INVESTIGATION. 
 
 By December, 1871, the opposition to the Board of Public Works, on the part 
 of the citizens, had assumed formidable proportions. Petitions signed by great 
 numbers were presented to the House of Representatives demanding an investi- 
 gation. After much opposition on the part of the Ring, the House, on January 
 33, 1873, directed the Committee on the District of Columbia to investigate the 
 Board of Public Works. The Republican majority of the Committee threw every 
 obstacle in the way of the citizens who were prosecuting the inquiry. Witnesses 
 were bullied, badgered and browbeaten by attorneys employed by Shepherd to 
 conduct the defense of the Board of Public Works. But notwithstanding all this 
 
104 DISTRICT OF COLUMBIA RING AXD DE GOLYKR BRIBK. 
 
 opposition, the most damaging revelations of Ring rascalities were made. The 
 Republican majority, however, undertook to vindicate the Board of Public Works. 
 We quote extracts from their report as follows : 
 
 The Committee find great cause of commendation for the ener^'. liberality and gonerou? 
 desire to improve and beautify the National Capital. * * They also" find the ordinary and usual 
 errors attendant upon the establishment of a new system of government ; there was inexperience 
 on the part of the many. * * There was a lack of careful and cool legislation. * * The new 
 authorities became somewhat intoxicated with the spirit of the movement; * =•= more work w».» 
 undertaken at once than was wise. Tlie District authorities at the outset were not sufricicntly 
 mindful of the small extent of their oflicial jurisdiction and the slend'T consistency on which all 
 the public burdens were to rest, and th' refore sufficient care was not taken to have rigid economy 
 prevail in every department. The:?e errors were such as time and experience would soon demon- 
 strate, and the Committee find that many of these expenditures have already been curtailed, and a 
 more stringent economy now prevails in the conduct of those public officers. * " The defects 
 in some of the pavements resulted from the great haste during bad weather. It does not appear in 
 any case that the contractors intentionally laid inferior pavement:*. All defects are to be remedied 
 by the contractors, who are bound by contract and by bond in every case to keep the pavement 
 in good repair for three years. * Concrete and wooden pavements are somewhat experi- 
 
 mental. Time alone can determine the wisdom of their adoption. 
 
 In concluding their report the Committee extol the governor and the members of the Board 
 of Public Worlis for "the zeal, energy and wisdom with which they have started the District upon 
 a new career of improvement and prosperity." 
 
 A letter of Governor Cooke, dated February 7, 1873, was published with the 
 report, in which he reiterated former pledges by saying, "the $4,000,000 author- 
 ized by the first act of the Legislature are all that is deemed necessary to carry 
 out and perfect the general plan of improvement adopted b}^ the Board of Pub- 
 lic Works and the Legislature." 
 
 AN HONEST MINORITY TELL THE TRUTH. 
 
 The minority of the committee, Messrs. Roosevelt and Crebs, in a dissenting 
 report boldly exposed the attempt of the majority to palliate the glaring frauds 
 committed by the Ring, and foretold the bankruptcy impending over the District. 
 They pointed out the fact that the local press of the District had been subsidized 
 by the Ring ; that during the few month's existence of the territorial govern- 
 ment $143,035. G2 had been paid to a few newspapers Avith a limited circulation 
 for advertising. They denounced the excuse which the governor and Board of 
 Public Works had put forward for his reckless and profligateexpenditurc of the 
 public money, which was that by thil means the newspapers had been brought 
 to support the $4,000,000 loan bill, and had by their advocacy of the measures of 
 the new government created a favorable sentiment on the part of the people, and 
 thereby brought up the credit of the District in the markets of the world. In 
 concluding their report the minority say, "that the powers assumed and exer- 
 cised by the Board of Public Works arc dangerous to the best interest of the 
 District and the reckless extravagance of all departments of the District govern- 
 ment ought to be checked." But the warning voice of the honest men who 
 composed the minority of this committee was not heeded by the administration 
 or by Congress, They were maligned and vilified by the subsidized Ring organs 
 of the District. On the other hand the Board of Public Works accepted 
 the invitation tendered it by the House of Representatives, not only as an in- 
 dorsement of all their past acts, but as a broad license to do in the future what- 
 ever their sweet will might dictate. 
 
 THE RING CAPTUUE GARFIELD. 
 
 It was necessary, in order to accomplish the design of the ring, in ob aining 
 enormous appropriations from Congress to pay for these improvements about 
 imaginary reservations, that it should have serviceable friends on the Committee 
 of Appropriations. James A, Garfield was chairman of that committee. In the 
 spring of 1873 a needy adventurer named Chittenden came to Washington as the 
 agent of De Golyer & McClellan, a firm of Chicago contractors, who wanted a 
 
DISTRICT OF COLUMBIA RING AND DE GOLYER BRIBE. 105 
 
 contract to lay a patent wood pavement. He made his first overtures to "W. S. 
 Huntington, but death interfered. A decayed parson, the Rev. Wm. Colvin 
 Brown, introduced Chittenden to Henry D. Cooke. Richard C. Parsons, Marshal 
 of the Supreme Court, and who had converted that respectable office into a head- 
 quarters for the lobby, where venal schemes were canvassed and concocted, 
 was the intimate friend of Gen. Garfield, and was employed by Chittenden to 
 secure his influence. H. D. Cooke, the Governor of the District and mernber of 
 the firm of Jay Cooke & Co., had been the medium through whom the delicate 
 negotiations were made by Avhich the empty pockets of honorable patriots in 
 Congress were stuffed with Northern Pacific bonds and other " securities," the 
 value of which depended upon legislation. Cooke and Parsons were intimate 
 friends. Shepherd was President of the Board of Public Works. Cooke con- 
 senting, a word from Shepherd put millions into the contractor's pockets. Par- 
 sons was examined before the Joint Investigating Committee of the Forty-third 
 Congress in relation to his employment by Chittenden and the services he 
 rendered. 
 
 DICK parson's TESTIMONY. 
 
 In the spring of 1872 (I think in April), I was retained by Mr. Chittenden, as a lawyer, on behalf of 
 the firm of De Golyer «fe McClellan, of Chicago, to argue before the Board of Public Works at 
 Washington the question of the superiority of their patent for cured wood pavement. 
 * * * * At the time I was retained in this case I scarcely km-w Shepherd by 
 
 sight. * * * * With Cooke, who was an old and intimate friend, I never 
 
 spoke but once, to my recollection, on the subject. * * * * With the 
 
 other members of the Board I had no acquaintance, and never to my knowledge spoke to one of 
 them. 
 
 I was called homo to Clevelaiid by mittors of a pressin:^ private nature, and feeling great 
 solicitude as to the result of my labors, and of course of securing my fees, I called upon Gen. Gar- 
 field and gave hun a his^tory of the case as it then stood, and asked him, as Congress would adjourn 
 in ft few days, if he would act for me in my absence, and give the subject a careful investigation. 
 He at first d clined (m the ground of pressing business, but finally assented to have me send the^ 
 modol, books, papers, &c., to his house for examination. After a day or two I called upon him 
 and he said he would prepare an opinion as to the merits of the patent and attend to tlie case fo^ 
 me. I said to him I hud a fee in the case of importance to me, and would be glad to share it with 
 him. The same dav, or day after, I left for Cleveland, and when I received my fee some consid- 
 erable time after from my clients at Chicago, I deposited Gen. Garfield's to his credit in bank, and 
 so wrote liim. 
 
 Q. Do you know a Mr. Brown in connection with this De Golyer and McClellan matter ? A. I 
 do; Mr. Brown was the brother of Mr. Thomas Brown, who was for some time acting as Assistant 
 Secretary of the Treasury. He was six years consul at Hamburg. He was an Episcopal clergy- 
 man. 
 
 Q. The reason I inquire is this: Mr. Cook, the book-keeper of De Golyer and McClellan, stated 
 th>it a Mr. Brown liad nceived $10,000 ? A. So I afterward heard, but I know nothing of it and I 
 liave no pergonal knowledge. 
 
 Q. Have you any obj* ction to stating the amount received by you ? A. Not at nil, sir. 
 
 Q. State the amount received ? A. I received from Mr. Chittenden at the lime I was retained, 
 or within a few days afterward, I think, his check for $5,000, with the understanding that if an 
 award was made covering the amount of his contract that I should recover a contingent fee of 
 $10,000, which some time afterward was sent to me from Chicago. The total amount received by 
 me was $1.5,000. ***** 
 
 Q. When was Gen, Garfield retained? A. He was retained by me afterwards, as I stated to the 
 Committee, to prt-pare an argument to present to the Board upon the superiority of the patent and 
 the fact that it was the best jjavement. 
 
 Q. Was your argument on the jegal question ? A. No, sir; there was no dispute as to the 
 patent, but there was an important question as to which, of all the patents presented, was the best 
 one. My irgument related entirely— absolutely covering the ground of the patent, and of all 
 patents before the board; it was claimed that this patent had a peculiar virtue in curing the wood. 
 
 THE TESTIMONY OF MCCLELLAN AND COOK. 
 
 Robert McClellan, one of the contractors, testified as to what they understood 
 
 they were paying Parsons and others for. 
 
 Q. Now when Mr. Chittenden came tp Chicago,— I want yon to state now, as nearly as you can 
 Avhat he said to you with reference to furnishing money ? I would be glad to have you now, in a 
 connected form, state the conversation betwteu you and Mr. Chittenden on that subject A. 
 When Mr. Chittenden came to Chicago, he said he wanted $100,L0(), imt that he had arranged so 
 that he could get along with $97,000. I asked him what ho wanted v/ith $97,000. Ue said he; 
 wanted to pay his expenses and part of the national debt. 
 
 J. S. Cooke, the attorney and business man of De Golyer & McClellan, 
 
 through whose hands the accounts passed, testified as follows : 
 
106 DISTRICT OF COLUMBIA RING AND DE GOLYER BRIBE. 
 
 My transit account showed a disbursement of $97,000 as follows : "May 20 Col. P.." meaning 
 Col. Parsons, " S5,000 ; Jxily 12, Bills payable, $72,000," no explanation; 'July 12,12th R. C. 
 P.," meaniiig Richard C. Parsons, "$10,C00 ; July I2lh, W. C. B.," meaning the Rev. Wm. Colvin 
 Brown, "$10,iXK)." 
 
 Q. Does that show the date of this transaction ? A. It shows it as it was represented to me, 
 
 THE TESTIMONY OF E. C. JENKINS. 
 
 De Golyer died, and his interest in tlic firm of De Golyer & McClellaix 
 passed into the hands of C. E. Jenkins of Chicago, with all the papers and cor- 
 respondence relating to the contract at Washington. The ring after squeezing 
 $97,000 out of the contractors stopped their work without notice. The purpose 
 evidently was to squeeze more money for the benefit of the friends of the ring. 
 
 Mr. Jenkins came to Washington armed with some of Chittenden's letters to 
 De Golyer and notified Shepherd that unless their contract was renewed an ex- 
 posure would follow. lie exhibited some of these letters to the correspondent of 
 the New York Sun, who when he was examined by the Investigating Committee 
 repeated the substance of Chittenden's letter to De Golyer, wherein he speaks of 
 the employment of Garfield. A copy of this letter has since been sworn to by 
 McClcUan as an exhibit in a suit brought in the Circuit Court of Cooke Co., 111., 
 by Chittenden against McClellan to recover money claimed to -be still due him. 
 The part of this letter which relates to Garfield is as follows : 
 
 The influence of Gf^n. Garfield has been secured by yesterday, last night, and to-day's labors, 
 lie carries the purt-e of the United States— the Chairman of the Committee on Appropriations— and 
 is the strongest man in Congress, and with our friends my demand is to-day, not less than one 
 hundred thousand more— two'hundred in all. Everything is in the best shape, the connections 
 complete, and, I have r<'as«in to believe, satisfactorj'. * * * i can hardly re- 
 
 lize that we have (Jeu. Garfield with us. It is rare and very gratifying. All the appropriations of 
 the District come through him. 
 
 31r. Jenkins was examined by the Joint Investigating Committee, and testified 
 as follows : 
 
 Q. ISfr Jenkins, I want to call your attention to some quotations here. I will refer to a letter 
 dated about the 1st of June, 1872, written by Mr. Chittenden to De Golyer & McClellan. Do you 
 remt-mber any sucti letter? A. I remember reading a letter written about that time, and addressed 
 to the Unn. It w.is written by George R. Chittenden; I know his handwriting. 
 
 Q,. Can you state the substance of it? A. I can state borae portions of it. * * *• All 
 those Utters bear date bt-fore the let of June, 1S72; they run along, say fro u the middle of January, 
 or perhaps th-i 1st of February, up to the 1st of Mav, which I think was the last date; after that I 
 have seen n - correspondence whatever. This award was made on the 25th of June following that last 
 lett r of the 30t:i of May. In that letter of tlie 30th of May he commenced by stating that Col. Par- 
 sons had arrived, and goes on to say that things are looking better; that he is sw»'e he will get one 
 hundred I housand square jards, and very probably anotiier hundred thousand, making two hun- 
 dred thousand in all. He writes in a jubilant vein. He says that (he mfluence of Generml Garfield 
 has letn, t-ecured, and goes on to make some slatemenU in regard to his position in the councils of the 
 nation, and then passes off to other matters. Now, that is about all I recollect of that letter. * 
 
 * * 
 
 The day following the time when I showed that letter to Mr. Gibson, I left for Chicago the fol- 
 lowing evening. I saw him in the evening, and he requested me to let him have a copy of the let- 
 ters. I told him that I had had copies of those letters myself, but that they were safe in my keep- 
 ing. * * * 
 
 Afterward, on thinking the matter over, I concluded that a great many wrong inferences might 
 be drawn Irom statements made in those letters in connection with parties in Washington. &c., in 
 connection with (J(Aond Farsons and General Oarfidd, and I destroyed them. I destroyed the letters 
 artd cojnes which I had. 
 
 Jenkins did not tell all he knew; he had something in reserve, a"nd shortly 
 afterwards Shepherd renewed the contract to the extent of $120,000. 
 
 THE DE GOLYER BRIBE INVESTIGATED IN 1877. 
 
 General Garfield made no statement at that time in regard to his connection 
 with the De Golyer & McClellan job. In 1877 the subject of his connection with 
 the District Ring was inquired into by the Ileal Estate Pool Committee of the 
 House. Boss Shepherd was examined. He testified in regard to the contract 
 given to Do Golyer & McClellan as follows: 
 
 Q. How was their contract procured; was it through them in person, or their agents and attor- 
 neys? A. Tliere w is a man named Chittenden who came here and spent a good deal of time lobby- 
 ing— a man that I did not have much to do with, and did not think much of, because my policy was 
 to deal directly with principals and not their agents; he was very persistent, however, and brought 
 
DISTRICT OF COLUMBIA KIXG AND DE GOLYEK BEIBH. 107 
 
 a good many influences to bear. I think by importunity as much us anything else, ho secured his 
 contract, rcpresen tin": thai the firm had large facilities for doing work; "had been very large con- 
 tractors in Chicago and the Northwest, ancThad done a great deal of work satisfactorily. 
 
 Q. You speak of influences that he brought to bear; explain what they were. A. Well, he used 
 a good many social appliances; friends of the different members of the board and Governor Cooke 
 especially. Governor Cooke was very anxious that they should have a trial; I think Mr. Parsons 
 was a very great friend of Governor Cooke. Mr. Parsons was at that time marshal of the Supreme 
 Court, and an Ohio man, and state influences, I suppose, hud something to do with it. Mr. Par- 
 sons was quite persistent that they should have a trial, and I tliink asked Mr. Garfield to speak to 
 certain members of the Board in regard to it. * * * 
 
 d. You say that Mr. Parsons spoke to Mr. Garfield? A, I presume so, from the fact that Mr. 
 Garhcld spoke to me. Mr. Garfield said that Parsons was very anxious that these people should 
 have work, and that we had not given the Western men a show. He thonglit it would be well t* 
 do it; he said he had examined into the pavement, and was satisfied that it was a good thing. 
 
 Q. Was that all that was said by Mr. Garfield? A.. Yes, sir; he said he had examined into the 
 pavement— I do not know whether at that time or before — and into their manner of treating the 
 wood, and was satisfied that it was a good pavement. I think ho stated that ho had been employed 
 some years before to look into the matter, or something of the kind. 
 
 THE TESTIMONY OF NICKERSON. 
 
 Benjamin R Nickerson, who was associated with De Golyer & McClellan, and 
 was the owner of the patent process for treating the wood, testified at this time, 
 lie read first from the award of De Golyer & McClellan : 
 
 June 25, 1874, Chief Engineer was directed to prepare contract with DeGolyer & McClellan, of 
 Chicago, for laying 150,000 square yards of DeGolyer pavement No. 2, treated by the Samuels' pro- 
 cess, and to be laid on such streets as may be designated by the Board, and to be completed in five 
 months, and an additional 50,000 square yards as soon as the Board are reimbursed by the general 
 government on account of the expenditures around public buildings and grounds, and tht^y will 
 be allowed to lay it this season if they will wait for an appropriation, at $3.50 per square yard. 
 
 Q. Do you know what appropriation is referred to there; is it an appropriation by Congress ? 
 A. Yes, sir ; I know that fact, and there was afterwards an appropriation. 
 
 Q,. State anything further that you know in reference to this transaction. A. I know all about 
 the matter in all its phases ; through Chittenden & Parsons I know of the employment of Garfield, 
 and what Jie was employed for; I was in their confidence; I was a party to the transaction; I was 
 interested in the contract itself. 
 
 O. State the facts themselves as concisely as you can. A. In the progress of the affair Chittenden 
 employed Mr. Parsons, with the understanding that Parsons would go to the Board and make an 
 argument ; I regarded him at the time as a kind of curbstone attorney ; I did not take much stock 
 in him, but I was informed by McClellan and by Chittenden, as m^ar as he ever gets to tell- 
 ing a man anything, why they employed him; Chittenden said that he employed Parsons to 
 " reach the man," or that he was " able to reach " the man who was perfectly and entirely power- 
 ful in obtaining for him the contract; this was after Huntingdon's death. First he employed 
 Huntingdon and afterward employed Parsons, assuring me that Parsons could "reach the man;" 
 I did not ask who the mau was; I knew perfectly well whom he referred to. 
 
 GEN. GARFIELD'S STATEMENT. 
 
 Gen. Garfield came before the Real Estate Pool Committee and made a state- 
 ment. He said : 
 
 •' I never saw this contract before, and I want to Bay a word in regard to the word " appropria- 
 tion" used in it. It has no more reference to Congress, than it has to Great Britain. The Board 
 of Public Works under the general law of legislation for the District government made appropria- 
 tions themselves, and taxed the people along the streets where those improvements were made, by 
 the front foot. * * Tlie only connection that the United States had with it in reference to 
 
 appropriations was this: Whenever the Board of Public Works laid a pavement on a street upon 
 which any United States building was situated, Congress as a matter of comity, as it does in every 
 other city in the Union, paid its quota of the assessment per front foot. That is the only relation 
 that Congress had to auy of these improvements. * * I cannot be e-xpected to explain the 
 
 languageof this contract, which I have never seen before, but if the chairman will look at the ap- 
 propriation bills, especially in 1873, he w ill find that there were several appropriations made : one 
 ($180,0(X) I think) to reimburse the old Washington corporation, previous to the creation of the 
 Board of Public Works, for work that was done around the government reserva ions. The old 
 canal had been filled, and the Smithsonian grounds had been bettered by that improvement, and 
 there was an appropriation to reimburse the old corporation for that part of the improvement 
 which lay beside the public grounds of the United States; m that same bill there was al^o an ap- 
 propriation made to reimburse the Board of Public Works for the government share of the im- 
 provements in front of the public buildings and grounds. A day or two before the adjournmint of 
 the Congre-=8 which adjourned in the latter part of May, or the first part of June, I87:!i, liichard C. 
 Parsons, who was a practicing lawyer in Cleveland, b t was then the Marshal of the Supreme 
 Court, and an old acquaintance of mine, came to my house and said thit he was called away sum- 
 marily by important business; that he was retained in a case upon which he had spirit a great deal 
 of time, and that there was but one thing remaining to be done: to make a brief of the rektive 
 merits of a large number of wooden pavements; that the Board of Puhlic Works had agreed that 
 they would put down a certain amount of wooden pavement in the city, a certain amount of con- 
 crete and a certain amount of other kinds of pavement; that they had fixed the price an which they 
 would put down each of the different kinds, and that the only thing remaining was to determine 
 which was the best pavement of each of these several kinds. He said he would lose bis fee uidess 
 the brief and the merits of these pavements were made, aud that he was suddenly and necessarily 
 called away; aud he asked me to prepare the brief u. He brought Uia papers to luy house auol 
 
108 DISTRICT OF COLUMBIA RING AND DE GOLYER BRIBE. 
 
 models of the pavements. I told him I could not look at the case until the end of the session. 
 When Congress adjourned 1 sat down to the case in the most open manner as I would prepare a 
 brief for che Supreme Court and worked upon this matter. There were perhaps forty kinds of 
 wood pavements and several chemical analyses of the ingredients of the different pavements; I 
 went over the whole trronnd carefully and th- 'roughly, and prepared a brief upon the relative claims 
 of these pavements for the consideration of the Board. This was all I did. I had nothing to do 
 with the terms of the contract; I knew nothing of its conditions, and I never had a word to Bar 
 about the price of the pavement. I knew nothing about it. I simply made a brief upon the relative 
 merits of the various patent pavemeuts. 
 
 GEN. GARFIELD'S STATEMENT TOO THIN. { 
 
 The weakness of Gen. Garfield's statement is three-fold. 
 
 First, he says that the Board of Public Works, under the general law and the 
 legislation of the District Government, made the appropriations themselves. 
 The award to DeGolycr & McClellan gives them an additional 50,000 square 
 yards contingent upon the reimbursement of the District by the general govern- 
 ment. They could go on and put down the pavement at $3.50 per yard, provided 
 they would wait for an appropriation. Language could not make it plainer. 
 The District Ring claimed that the government of the United States should pay 
 them a large sum of money. DcGolyer & McClellan were to have 50,000 square 
 yards more, at $3.50 a 3''ard, provided an appropriation was made by Congress. 
 It will be shown hereafter that through General Garfield's influence this appro- 
 priation was obtained. 
 
 Second, he says that all he did was to prepare a brief on the relative merits of 
 the various patent pavements. When examined in regard to this he could not 
 remember that he had ever filed such a brief with the Board of Public Works : 
 
 O. I understand you to say, Mr. Garfield, that j'ou prepared a brief after Mr. Parsons went away, 
 and that you filed it with the Board of Public Works , is there such a brief on file ? A. My 
 impression is that I filed it, though I am not certain. I know that I stated to the Board of Public 
 Works the points of the case. 
 
 Q, Are you certain that you filed it with anybody ? A. I think I did, but I would not say posi- 
 tively that I did. 
 
 Q. Did you make an argument ? A. I made a careful study of the case, and I stated the points 
 to the members of the Board. 
 
 Q. Did yo;i ever meet the Board collectively together as a Board and ever make a statement or 
 argument upon the subject ? A. I do not know whether the members of the Board were all there 
 or not. 
 
 Governor Shepherd, when examined in regard to General Garfield's part of 
 
 this transaction, did not remember that he had made any argument to the Board. 
 
 He said : 
 
 Mr. Garfield spoke to me. Mr. Garfield said that Parsons was very anxious that these people 
 should have work, and that we did not give Western men a show, and he thought it would be well 
 to do it. 
 
 His brief, or argument, therefore, seems to have been made to Boss Shepherd, 
 and it was that "Western men ought to have a show." 
 
 Third, General Garfield says that what he did was after Congress adjourned, 
 after the first of June. Shepherd testified that Garfield spoke to him in regard 
 to the DcGolyer & McClellan contract in the spring of 1872. His language is, 
 " It must have been in the spring of 1872." 
 
 The patent pavement known as De Golyer No. 2, which General Garfield says 
 he examined so carefully, was well known at that time to be worthless. A 
 large quantity of it had been put down in Chicago only the year previous, and 
 had already been condemned by the general inspector of pavements for the Board 
 of Public Works of Chicago. Moreover, an advisory board, consisting of Gene- 
 ral Meigs, General Humphries, J. K. Barnes, O. E. Babcock and Fredlaw 01m- 
 stead, had in February, 1872, reported that, in their opinion, only one process of 
 treating wood— the Seeley — gave promise of success, and recommended that 
 wood pavements be laid only when some exceptional reason demanded them. 
 
 HISTORY OP THE SERVICES GARFIELD RENDERED THE RING. 
 
 ' The appropriation which the District ring wanted Congress to make, and 
 
DISTRICT OF COLUMBIA RING AND DE GOLYER BRIBE. 109 
 
 which is mentioned in the award to De Golyer and McClellan was for $193,620.30, 
 and not $180,000, as General GarScld states. This claim which had been cooked 
 up against the general government was without any warrant of law whatever. 
 The Board of Public Works had submitted to the territorial legislature in May, 
 1872, a statement "of amounts expended for improvements abutting on property 
 of the United States." They based this claim upon the act of Congress May 5, 
 1861, entitled, "An Act to amend an Act to incorporate the Inhabitants of the 
 City of Washington." This act provided that — 
 
 In all cases iii which the streets, avenues or alleys of said city passed through or by any 
 
 Sroperty of the United States, the Commissioner of Public Buildings and Grounds shill pay to the 
 uly authorized officers of the corporation the just proportion of the expense incurred in improv- 
 ing such avenue, street or alley, which said property bears to the whole cost thereof, to be as- 
 certained in the same u.ar ner as the same is apportioned among the individual proprietors of the 
 property improved thereby. 
 
 The statement made to the Territorial Legislature of the indebtedness of the 
 United States was reported to be $192,020.31. This amount was obtained by a 
 plain violation of the above quoted law, which says that the government of the 
 United States shall pay the same proportion of the cost of the improvements as 
 the owners of private property. Private property was assessed by the Board of 
 Public Works one-third of the whole cost of the street improved. To swell their 
 claim against the Uiuted States the Board of Public Works charged it five sixths 
 of the cost of the street improvements. Two-thirds of the cost of improvements, 
 where private property alone was benefited, was charged to the general fund of the 
 District, and paid out of the $4,000,003 loan, as was also the one-sixth of the cost 
 where government property bordered on one side of the street or avenue im- 
 proved. By means of this five-sixths charged against the United States the Ring 
 was enabled to assess the general government, the property holders and the gen- 
 oral fund of the District about twice the cost of all improvements. 
 
 GENEllAIi GARFIELD, THE RING's MOUTHPIECE. 
 
 General Garfield, as Chairman of the Committee on Appropriations, included 
 in the Sundry Civil Bill, an item to pay this bill of $192,020.30, which the Dis- 
 trict Bing had cooked up against the United States. When the bill came up in 
 the House, on May 20th, for discussion. General Garfield, on being questioned 
 in regard to the appropriation, said : 
 
 The Board made certain improvements * * ♦ # opposite reservations and 
 
 property owned by the United States. In every such case they have made out a full and accurate 
 statement of the expense of grading, paving and other work done on the streets oppposite such 
 government property, and have forwarded to the President of the United States a complete state- 
 ment of such expenses, ahd an estimate of what the government of the United States ought to 
 pay, if it placed itself exactly in the place of ihe government of the District when the work is 
 done opposite the District property. The President has forwarded this paper to the House of 
 Representatives, and it has been referred to the Committee on Appropriations. The paper gives 
 a detailed and specific statement of work done, and the number of square yards of paving, the 
 number of cubic yards of grading, or any other work done, naming the square * * * 
 
 The government, of course, is not bound at all to pay anything * * * # 
 
 the only question is whether the United States will pay ics equal share. 
 
 Mr. Randall, of Pennsylvania, pointedly inquired : 
 
 Why should we donate a sum amounting in the gross to nearly $200,000, to a board which has 
 shown itself to be reckless and extravagant in ics operations ? 
 
 This was an inconvenient question to answer, and General Garfield did not 
 
 attempt a reply. This item of $192,020.30 was voted down in Committee of the 
 
 Whole. General Garfield then brought up another item for $68,365. 
 
 For the proportion of cost properly payable by the United States for filling up the canal and 
 building an intercept ng sewer along the side of the canal, adjoining the property of the United 
 States, payments to be made only upon the voucher approved by the officer in charge of Public 
 Buildings and Grounds. 
 
 This appropriation he got through, although he must have known at that 
 time that two years previous Congress had appropriated $50,000 for dredging 
 and cleaning out this same canal. 
 
110 DISTRICT OF COLUMBIA BING AND DE GOLYER BRIBE. 
 
 . THE ring's SENATORIAL FRIENDS HELP GARFIELD. 
 
 The item of $192,620.30 having been struck out of the Sundry Civil Bill by 
 the Committee of the Whole ; it was renewed in the Senate by the Committee 
 ton Appropriations of that body ; reduced, however, to $150,000, with a pro- 
 viso : 
 
 That only so much of the curbins: and paving of sidewalks as is necessary for the side of the 
 street adjoining the jiroperty of the IJnited States shall be chargeable to the United States, and 
 not more than one-third of the legitimate cost of repairing roadways and putting in sewering shall 
 be paid by the government of the United States. 
 
 The item of $68,365, which had been agreed to by the House was recom- 
 mended to be stricken out by the Senate Committee on Aopropriations. It was 
 renewed in the Senate by Frederick A. Sawyer, Carpct-Bag Senator for South 
 Carolina. He said he had learned from good authority that this money was not 
 to be spent for what it was claimed to be on the face of the bill, namely, for fill- 
 ing up the canal. 
 
 The appropriation, he said, is for quite another work ; it is for building a sewer through the 
 President's grounds and reservation, south of North B street, between Tenth and Eleventh streets, 
 the District j)aying all balance, which largely exceeds the amount asked for from the government. 
 When this whole work of fliliiig up the canal is done, which was provided for by the appropriation 
 of $150,000, tiiere will be about 2.5,000 acres of lanrl reclaimed belonging to the government, and 
 worth §500,000. The present appropriation is not for this work. I have had a conference with 
 the Commi8>ioner of Public Buildings and Gronnds (General Babcock), and he says the work was 
 done economically, and he regards it aa an entirely proper expense to be made by the govern- 
 ment. 
 
 GARFIELD SERVES THE RING ON A CONFERENCE COMMITTEE. 
 
 Upon this misrepresentation the appropriation was voted by the Senate. The 
 Sundry Civil Bill containing the above item was referred to a conference 
 committee. The report of this conference committee, dated June the 10th, signed 
 by only four Hepublicans, Messrs. Garfield and Palmer on the part of the House 
 and Messrs. Cole and Edmunds on the part of the Senate, restored $192,020.30 
 for improvements in front of the government reservations, and left the $68,365 
 for the intercepting sewer intact {fiee Globe, par/e 4,495). 
 
 The filling of the canal was an outrageous swindle on the general government. 
 Boss Shepherd when asked by the Chairman of the Joint Investigating Com- 
 mittee, May 7th, 1874, what the cost to the Board of Public Works for filling the 
 canal was, replied, "It was simply a dumping ground to get rid of dirt that we 
 carted off from various streets which we were improving;" the earth was 
 dumped there, and yet, as has been previously shown, the United States was 
 called upon, first and last, to pay nearly $600,000 for the dirt the contractors, for 
 their our convenience, were allowed to dump in the old canal. 
 
 THE CITIZENS OF THE DISTRICT APPEAL TO GARFIELD. 
 
 Towards the close of November, 1872, the outcry of the citizens of the District 
 against the arbitary and oppressive manner in which the Ring was prosecuting 
 improvements became very loud and bitter. Congressmen returning to the cap- 
 ital in advance of the meeting of Congress were called upon by outraged property 
 holders and besought to interfere. A great pressure was brought to bear upon 
 Gen. Garfield to use liis influence to restrain the power and recklessness of the 
 Board of Public Works. He listened for a time to the complaints of the tax- 
 payers and even promised them his assistance ; in a few days it was noised 
 abroad that Garfield would take a stand at the approaching session of Congress 
 against the District Ring, and of course this news soon came to the ears of Boss 
 Shepherd. According to the account of one of Shepherd's associates who was 
 present when this information was conveyed to him, he simply remarked that he 
 had a paper in his drawer which would Keep Garfield straight, and thereupon 
 drew out the award to De Golyer & McClellan. 
 
DISTRICT OF COLUMBIA RING AND DE GOLYER BRIBE. Ill 
 
 MORE SUIJSERVIENT THAN EVER TO THE RING. 
 
 The services rendered by General Garfield to the District Ring at the succeed- 
 ing session of Congress were as follows : On the 16th of December he reported 
 the Deficiency Bill, which contained an item appropriating nearly a million and 
 a quarter of dollars for the benefit of the District Ring. General Garfield said : 
 
 In order to protect the United States in its expenditure of moncj% the committee has put the 
 appropriation in the following form : To enable the Secretary of the Interior to pay the expendi- 
 tures made by the Board of Public Works of the District of Columbia for pavinc roadway and 
 curbing and pavin<;: sidewalks, grading, sewerage, and other improvements upon and adjoming the 
 property of the Uiiied States in the District of Columbia, $1,241,920.92, or so much thereof as may 
 be necessary; Provided, That all payments under this appropriation shall be made only upon 
 vouchers approved by the officer in charge of the public buildings and grounds of the District, 
 after full examination and measurement oi the said improvements. 
 
 The Deficiency Bill, as originally prepared by General Garfield, contained no 
 proviso in regard to the expenditure of the million and a quarter. He was forced 
 to put in this proviso in this way: It had already been charged that the measure- 
 ments on which the government had paid large sums to the Board of Public 
 Works were false. The Hon. Samuel S. Marshall, of Illinois, a member of the 
 Committee on Appropriations when the item abov/r quoted was under considera- 
 tion, moved that General Humphreys, Chief of the Engineer Corps, should cause 
 all woik adjoining public property to be measured, and that payments should be 
 made upon his certificate alone, which would be a guarantee for their correct- 
 ness. This was too fair to be opposed. General Garfield, therefore, adjourned 
 the committee, consulted with the Ring, and at the next meejting brought in the 
 proviso as above quoted, conferring upon General Babcock the exclusive power 
 to sign the vouchers. He argued in the committee that it would be a reflection 
 upon Babcock, who had charge of the public buildings and grounds, to assign 
 the task to any one else, and that his certificate would be an equal guarantee. 
 
 On December 16th General Garfield made an ingenious argument in explanati(5n 
 
 of the item appropriating $1,241,920.93. In closing he said: 
 
 " The committee have come to the conclusion to recommend an appropriation in gross cover- 
 ing sums set dow- in detail on pages 47-51 of the Report of the Board of Public Works. Gentle- 
 men will find further the detailed statement of the number of lineal feet of curb, cubical feet of 
 grading, and square yards of pavement, and so on, with the rate and total cost of each. The 
 commiitee have come to the conclu:?ion that it is their duty to ask the Hou-e to appropriate the 
 sum total as the proper share that the United States ought to pay for the work done. 
 
 Mr. Holman, of Indiana, said : 
 
 I have searched every avenue of information about this Capitol, your document room, your 
 folding room and everywhere else to ascertain data upon which it is proposed to appropriate this 
 million and a half, and I cannot find any scrap of information bearing upon the subject. It may 
 be that the Coiiimitlee on Appropriations are possessed of certain private information of their own, 
 but the public sources of information al)out this Capitol furnish no data. I have seen upon the desk 
 of the gentleman from Ohio (Mr. Garfield) a blue covered book which si ems to be a public docu- 
 ment, but I venture to say that up to this hour not a dozen members upon this floor have had access 
 to this document to which the gentleman has reference. Will the gt-ntleman say that that report is 
 one of the public documents within the reach of every member of this House ? 
 
 Mr. Garfield: I suppose it to be a report made to the president and by him submitted to 
 Congress. 
 
 Mr. Holman: Does not the gentleman know that it is not a public document ? 
 
 Mr. Garfield: It is a document submitted to Congress ])y the president, and one to which he calls 
 attention in his message. There can be no more public document than that. 
 
 Mr. Holman: Will the gentleman tell us where we can get a copy ? 
 
 Mr. Garfield: I suppose it can bi; obtained at the folding room. 
 
 Mr. Holman: It is not at the folding room. 
 
 This document known as the report of the Board of Public "Works, was pri- 
 vately printed. The detailed statement of the work around government property 
 for whicli this money was asked was subsequently proved before the Joint In- 
 vestigating Committee of the Forty-third Congress to be false in every item. 
 The Ring knew this and therefore had printed only a few copies for use of the 
 appropriation committees of the two Houses. 
 
 This proviso was intended to shut the gates down, and framed precisely with 
 
112 DISTRICT OF COLUMBIA KING A.ND DE GOLTER RRIBE. 
 
 tbe sentiment expressed by Mr. Garfield only the day before. Wbat did he do ? 
 Let the Globe answer. 
 
 MAKES A POINT OP ORDER. 
 
 Mr. Garfield: I make the point of order on that amendment, tJtat it changes the law in regard 
 to the board. 
 
 Mr. Holman: It is exactly in accordance with what I understood the gentleman to Btate was the 
 law. 
 
 Mr. Famsworth: It certainly does not change the law. 
 
 Mr. Holman: It simply prohibits expenditures hereafter beyond the appropriations made. 
 
 Members could not stultify themselves in presence of what had occurred, and 
 
 Mr. Holman's amendment was carried by a majority of thirteen. Still Grcneral 
 
 Garfield did not give it up, and when the bill went into the House, he tried to 
 
 rally his forces again to defeat the proviso. 
 
 The Speaker: The amendments are reported. Is a separate vote demanded on each ? 
 Mr. Garfield: Only on that adopted in committee on the motion of the gentleman from Indiana 
 (Mr. Holman). 
 
 The question being taken on Mr. Holman's amendment, it was agreed to — yeas 
 77, nays 53. 
 
 That was the great entering wedge of the Washington Ring's plunder, so far 
 as the public treasury was concerned. Mr. Garfield engineered the scheme from 
 first to last, with all the power which his position gave him as one of the leaders 
 of the House in shaping legislation, and as chairman of the committee holding 
 the purse strings of the nation, to be tightened or loosened by his will. Chittenden, 
 the lobbyist of the corrupt contract, did not misjudge his character or his 
 strength, when he " retained " him through Parsons, and wrote rejoicingly to 
 De Golycr that success was certain after Garfield's " influence '' had been made 
 certain. And Shepherd, who gave out the contract for this and other considera- 
 tions, knew well how good a bargain he had driven. 
 
 rN THE SENATE. 
 
 The foundition being thus laid, the Ring next turned to the Senate for the pros, 
 ecution of their venal plans. In that body they had powerful support in the 
 Senators who were partners in the * Real Estate Pool," like W. M. Stewart of 
 Nevada, and others linked in with various forms of speculations. The Commit- 
 tee on Appropriations was absolutely in their hands, as was that on the District 
 of Columbia, then headed by Patterson of New Hampshire, who vras repudiated 
 and disgraced because of his connection with these robbers. 
 
 After the amendment of the House forbidding any further expenditures with- 
 out previous appropriation, it was necessary to change the tactics, as the fact was 
 too fresh in the mind of Congress and of the public to be treated with open de- 
 fiance. Discussion was also to be avoided, for that would attract notice and com- 
 ment, with the certainty of being fatal. Whenever the lobby are harassed and 
 threatened with this sort of danger, they carry their job to the Senate, get it at- 
 tached to an appropriation bill which is held back to the closing days, or 
 smuggle it into a conference committee packed to order, cut off debate by the 
 previous question, and then threaten an extra session, unless their corrupt legisla- 
 tion is adopted. 
 
 BACK IN THE HOUSE. 
 
 The Ring adopted this game and knew how to play it to perfection from long 
 familiarity. They had the advantage, too, of stocked cards. The Sundry Civil 
 Appropriation Bill was then pending. There was a disagreement on some of the 
 items, and the usual conference committees were appointed. A. A. Sargent, a 
 sort of lieutenant of Garfield, was chairman on the part of the House. On tlia 
 
DISTRICT OP COLUMBIA RING AND DE GOLYER BRIBE. 113 
 
 Ist of March — one day before the adjournment of Congress, as Sunday inter- 
 vened — this bill was reported from the conference committee. In presenting it 
 Sargent said : 
 
 The important amendments put on by the Senate are those relating to District appropriations. 
 
 They were composed of four items and footed up $2,199,533, in addition to 
 the $1,241,920.92 which had been granted only six weeks before. Great indigna- 
 tion was excited in the House by this daring imposition. Mr. Beck, Mr. 
 Burchard, Mr. Crebs, Mr. Roosevelt, and others denounced it in fitting terms. 
 The bill was then postponed until the 3d of March, the last day of the Forty-sec- 
 ond Congress. 
 
 It was shown by a report from the District of Columbia Committee, in reply to 
 questions addressed to the Board of Public Works only four weeks previously, 
 that "no further sum will be required to complete the work undertaken, and for 
 which liabilities have been incurred." But that positive declaration, like the re- 
 strictive proviso of the House on the former appropriation, produced no effect 
 whatever. The screw was turned and opposition was useless. Mr. Holman 
 made a last endeavor, by a parliamentary motion, to reject the report and reopen 
 the question. It was answered by a rally of the party, with the following result: 
 
 THE RECORD THAT DAMNS. 
 
 The question being taken on the motion of Mr. Holman to reconsider the vote 
 ordering the main question, there were yeas 67, nays 129, not voting 44. 
 
 GENERAL GARFIELD VOTED NO. 
 
 That test vote substantially decided the question, though another attempt was 
 
 made in behalf of honesty before the final formalities were completed. Mr. 
 
 Beck earnestly appealed to the House, but in vain. 
 
 We ought now to reject this conference report, in order that all the «ew legislation may be 
 stricken out of it, and all items rejected which wo have not a chance of considering in this 
 House. Let us order our committee to go back to the Senate and say to them that if there be new 
 legislation, the champiom of which do not dare to come here and ask us to consider it, we cannot al- 
 low them to put it on in the expiring hours of the session by amendments stated only by numbers ; 
 the members of the House not having a chance of saying anything against or knowing anything 
 of the legislation they are called upon to pass. 
 
 General Garfield is directly responsible for thus voting away thfee and a half 
 millions of the people's money between the 8tli of January and the third of 
 March, 1873, the bulk of which was distributed among the chiefs and confeder- 
 ates of the "Washington Ring. He initiated this infamous system. He certified 
 the acts of Shepherd as in accordance with law. He advocated the claims of 
 these plunderers as just and meritorious. He abused his trust to help their ras- 
 cality, and he falsified the record in order to mislead the House. 
 
 "BABCOCK'S LIGHTNING CALCULATIONS." 
 
 The Deficiency Bill passed on December 19th. Mr. Holman, of Indiana, after 
 
 repeated efforts finally succeeded in having a proviso inserted, that the Board of 
 
 Public Works : 
 
 Be and the same are hereby prohibited from incurring or contracting further liabilities on 
 behalf of the United States in the improvement of streets, alleys, avenues and reservations 
 beyond the amount of appropriations previously made by Congress, and from entering into any 
 contracts touching said improvement on behalf of the United States, except in pursuance of 
 appropriations made by Congress. 
 
 Gen. Babcock made quick work of the measurements he was directed to make 
 
 by Congress. The deficiency bill did not become a law until Jan. 8, but on Jan. 
 
 10, two days later, an account footing up to $2,340,920.84, with the approval of 
 
 Gen. Babcock attached, certifying that he had had the proper examination made, 
 
 the measurements verified and prices approved, was presented at the Treasury De- 
 
114 DISTRICT OF COLUMBIA RIXG Al^D DE GOLYER BRIBE. 
 
 partment. It Avas a voluminous document, containing several thousand items 
 of measurement, but nevertheless it passed the first auditor and first comptroller, 
 and reached the warrant division on the same day. The next day, Jan. 11, the 
 assistant secretary issued three warrants for that sum of money, which were 
 registered by the register of the treasury, and handed over to Gov. Cooke. 
 
 The Hon. Robt. B. Roosevelt, of New York, who was prevented by sickness 
 from attending the session of the House during the debate on this appropriation, 
 made on Jan. 24, a vigorous onslaught on the Board of Public Works, and he 
 charged and proved by irrefutable facts, that their detailed statement of the cost 
 of the work alleged to have been done around government property was false ia 
 detail and in gross. 
 
 SAWYER AND SARGENT REWARDED. 
 
 For the services that Senator Sawyer had rendered to the Ring, his appoint- 
 ment as Assistant Secretary of the Treasury was secured b}'^ Shepherd's and Bab- 
 cock's influence with the President. In the following year, however, he was, 
 after having been detected in procuring the payment of several fraudulent 
 claims, forced to resign by Secretary Bristow. On the 15th of March, the treas- 
 urer of the Board of Public Works presented at the Treasury Department the 
 first batch of Babcock's measurements under the new appropriation, amounting 
 to $1,113,598.73. On the same day, Hallet Kilbourne, the trustee of the Cooke 
 branch of the Real Estate Pool and the middle man of the contract pool, made 
 the following deed, as per record: " Hallet Kilbourne, trustee to Aaron A. Sar- 
 gent; deed executed March 15th, 1873; recorded March 22d, 1873, in Liber 713, 
 folio 333, lots 1 and 2 in square 13G; consideration of $22,000." These lots front 
 on the square at the intersection of Connecticut and IMassachusetts avenues, 
 which was christened "Pacific Place" by Babcock, to tickle the fancy of the 
 chiefs of the Pacific Coast Ring, who were about to colonize the vacant land 
 thereabouts under the lead of "Emma Mine" Stewart, who was then erecting on 
 the north side of the circle a proud castle, which soon came to be known as 
 "Honest Miner's Camp." The modest homestead conveyed to Sargent contained 
 24,521 squarq feet; $5,500 were to be paid in cash; the rest was secured by 
 notes running one , two and three years. These notes were never paid, and in 
 the summer of 1875 Shepherd gave him in exchange for the same a house and 
 lot at the corner of Connecticut avenue and De Sales street. 
 
 Garfield's services could not save the ring. 
 The District government was bankrupt. The vast appropriations which they 
 had received through the influence of Garfield and Sargent in the House, and 
 Sawyer in the Senate, brought but temporary relief. The District legislature 
 authorized the issuance of two millions of dollars of assessment certificates. The 
 First National Bank of New York, in which the Cookes were interested, took 
 $800,000 of these securities at 97 cents. John O. Evans, and some favorite con- 
 tractors, made an arrangement with this bank, by which the auditor's certifi- 
 cates, which were given for work done, were iurned in to the treasurer of the 
 Board of Public Works, who issued to the bank for them certificates of assess- 
 ment. But even these two millions of illegal securities, thus floated, were insuf- 
 ficient to meet the pressing d.mands of the Ring. The subservient District legis- 
 lature was directed to authorize the issuance of sewer bonds, and an act to this 
 effect was passed. It divided the city into sections, without any regard to the 
 topographical features of the ground within the corporate limits, and notwithstand- 
 ing mam sewers , providmg ample dramage for all of these sections, had been 
 
DISTRICT OF COLUMBIA RING AXD DE GOLYER BRIBE. 115 
 
 nearly completed, and the cost for the same charged against private property, and 
 the United States. It a\ as proposed under this act to levy a general tax to pay 
 for work already done and nearly paid for. The act was iniquitous. Whole 
 squares of ground, submerged at low tide, were assessed at double and treble 
 their actual value, while the vast tracts of land traversed by splendid avenues and 
 partly paved streets, which had been gobbled up by the Real Estate Pool, escaped 
 with a nominal assessment. The total cost of these main sewers had not exceeded 
 $2,500,000, yet it vvas deliberately proposed, in addition to levying a general tax 
 upon all private property, to charge up against the United States, as its propor- 
 tion of the taxes, $2,740,681.83. 
 
 THE RING FRAUDS INVESTIGATED. 
 
 The passage of this act by the Legislative Assembly was the last feather that 
 broke the camel's back. The citizens began to organize and collect evidence of 
 the misdoings of the ring. The measurements which General Babcock had certi- 
 fied to be correct, were remeasured by competent engineers, and found to be 
 glaringly false in every instance. When Congress reassembled in December, a 
 memorial was presented to both Houses, demanding an investigation. Every 
 effort was made to prevent it, but public sentiment was too strong to be resisted, 
 and the investigation was ordered. Prior to this, however, the Board of Public 
 Works had cooked up another claim against the United States, for work done 
 about government reservations, the avenues and for main sewers, and coolly 
 demanded $4,370,427.94. This demand was made in defiance of the provision 
 which Mr. Holman had succeeded in placing upon the deficiency bill, heretofore 
 referred to, forbidding the Board of Public Works to incur or contract further 
 liabilities against the United States, unless authorized by act of Congress. 
 
 The investigation was made by a joint committee of the two Houses. Not- 
 withstanding every obstacle was placed in the way by the Ring, the exposures 
 threatened to be so damning that they resorted to a desperate expedient 
 intended to blacken the character of those who were prosecuting them. To 
 accomplish this, one of the darkest crimes of the age was deliberately plan- 
 ned by members of the Ring, and perpetrated by criminals employed by them 
 through the secret service division of the Treasury Department. It occur- 
 red on the night of the very day upon which the counsel for the citizens 
 announced to the committee tlmt they had closed their case. Briefly stated the 
 prominent facts connected with this damnable villany, are as follows: A number 
 of the principal citizens were in the habit of meeting nightly at the house of Mr. 
 Columbus Alexander, to hold consultations among themselves and with their at- 
 torneys. An operative in the Secret Service force was detailed by the chief at the 
 special request of Gen. Babcock and Richard Harrington, to concoct a plot by 
 which he could entrap Mr. Alexander and the gentlemen who were in the habit 
 of meeting with him at his house, into receiving books and papers which were 
 without the knowledge of the gentlemen to be stolen from the office of the District 
 Attorney. The detective managed, after trying several weeks, to make the 
 acquaintance of Mr. Alexander, and represented himself as a former book- 
 keeper of John O. Evans. In the interview which he had with Mr. Alexan- 
 der he stated that the books of Mr. Evans which had been produced before 
 the committee wera forgeries, and that the real books were in his possession, 
 and would show that enormous frauds had been perpetrated by Evans with 
 the consent and connivance of Shepherd. These books he offered to produce 
 and turn over to the citizens. At first he demanded money; but this was 
 sternly refused, whereupon he said he was an honest man and desired to ex- 
 
116 DISTRICT OF COLUMBIA RING AND DE GOLYER BRIBE. 
 
 pose the frauds, and would turn oyer the true books of Evans without any com- 
 pensation. This proffer was accepted, and Mr. Alexander immediately notified 
 two members of the Investigating Committee of the proposition that had been 
 made to him. 
 
 PUTTING UP THE SAFE BURGARLY JOB. 
 
 On Wednesday, the 21st of April, Harrington, accompanied by John O. Evans, 
 carried the account books from his office on Pennsylvania avenue, to the District 
 Attorney's office and locked them up in his safe. On Thursday night, April 22d, 
 a professional burglar named George E. Miles, with an assistant, entered the 
 District Attorney's office, blew open the safe, took out the books of Evans, which 
 were carried to Mr. Alexander's house by the assistant burglar. Harrington, on 
 Thursday, had notified the police authorities that he had reason to fear that a burg- 
 lar}^ was going to be committed in the District Attorney's office, and had the entire 
 detective force of the city stationed about the building in which the ofiice was 
 located. The superintendent of police was there in person, and also the chief of 
 the detectives. The burglars entered the building about ten o'clock in the even- 
 ing, and carried with them the tools to be used in breaking open the safe. They 
 were seen to enter and the superintendent of police wanted to arrest them at that 
 time, but Harrington objected. They passed out and returned later, and after 
 hammering away at the safe for several minutes, finally blew it open, the report 
 being so loud that it attracted the attention of the people living in the neighbor- 
 hood. The two burglars walked boldly out of the front entrance of the building 
 and one of them was suffered to slip quietly away while the detectives accom- 
 panied by Harrington, a brother of Shepherd and a fellow named A. B. Williams, 
 an intimate associate of Harrington, followed the other who carried the books to 
 Mr. Alexander's house. On the way thither, the burglar lost his way and Williams 
 pointed out the road and directed him to the house. Mr. Alexander and his en- 
 tire family were in bed sound asleep, and providentially, all the noise of pound- 
 ing at the door and ringing of the bell by the burglar did not awaken a single one 
 of the inmates. After he had been suffered to continue his efforts to awaken the 
 inmates for fifteen or twenty minutes, the superintendent of police finally arrest- 
 ed him and took him to police headquarters, where he was locked up. A few 
 days later this villian was, through a fellow named Sommerville, with whom 
 Harrington had made the arrangement, procured to make an affidavit in which 
 he asserted that he had been employed by Mr. Alexander to blow open the safe in 
 the Di&trict Attorney's oflSce, and bring the books of Evans to his house. This 
 affair w^as subsequently investigated by the Joint Committee, and after Harring- 
 ton, Williams and the oflBcers of the Secret Service division had committed per- 
 jury over and over again, the detective who had been instructed to put up the job 
 came forward and made a clean breast of the whole transaction. 
 
 GRANT INVITES THE CRIMINAL FROM THE DOCK. 
 
 The Hon. Benjamin H. Bristow having been made Secretary of the Treasury, 
 the whole matter was referred to him by the committee for further investigation, 
 and he turned it over to Hon. Bluford Wilson, who was afterward appointed 
 Solicitor of the Treasury. Mr Wilson succeeded, after a patient investigation, in 
 discovering the most complete and irrefutable proofs of the connection of Col. 
 Whitney, chief of the Secret Service Division, his first assistant I. C. Nettleship, 
 Richard Harrington and A. B. Williams, with this damnable conspiracy to ruin 
 an innocent man. The Hon. A. G. Riddle was appointed a special assistant at- 
 torney-general to prosecute these parties in the criminal court of the District 
 
DISTRICT OF COLUMBIA RING AND DE GOLTBR BRIBE. 117 
 
 They were indicted, and after some delay brought to trial, when the most desper- 
 ate efforts were made by the Ring, assisted by the United States Marshal, Alexan- 
 der Sharp, a brother-in-law of the President, to secure their acquital. The 
 President himself lent his influence to secure the same result. During the pro- 
 gress of the trial he invited Harrington to a reception given at the White House, 
 thus giving notice to both court and jury that he considered the criminal in the 
 dock had not been guilty of any offence which deserved public condemnation. 
 Although the jury had been, as far as possible, packed by the marshal, it failed 
 to acquit the conspirators. At the begining of the first session of the Forty-fourth 
 Congress, Col. Whitney, Nettleship, Somerville and all the other parties, includ- 
 ing the burglar came forward and confessed their connection with this crime and 
 furnished still further evidence implicating Harrington, and also connecting Gen. 
 Babcock directly with this infernal conspiracy. 
 
 Gen. Babcock was indicted and tried but through the influence which domi- 
 nated the court of the District, he was acquitted. Harrington is still a fugitive 
 from justice, and has never dared to stand a second trial. 
 
 THE REPORT OP THE JOINT INVESTIGATING COMMITTEE. 
 
 Every conceiveable influence was exerted to operate on the joint committee, in 
 order to protect the Ring from full exposure and punishment. To save them it 
 was first indispensible to whitewash their associates, or at least to withhold 
 censure. 
 
 Mr. Allison, the chairman of the committee, had been tainted darkly with 
 Credit Mobilier, as one of Oakes Ames' beneficiaries. They knew how to touch 
 his sympathies and his interests. He was won over. Other Republican mem- 
 bers were implored, on account of the injury to the party at the fall elections, to 
 moderate their just resentment at these enormities, and be content with dismiss- 
 ing the whole concern. A promise was given that the President, under no cir- 
 cumstances, would appoint Shepherd to any new oflBce that might be created. 
 
 Under this and other pressure, combined with the fear of some that a division 
 in the committee would prolong the misrule and prevent any legislation, the 
 original report was materially modified in its stern expression. But that did not 
 alter the facts or change the crushing testimony. Yet, with all these sinister 
 causes operating, that report says : 
 
 FAVORITISM IN CITY CONTRACTS. 
 
 This opened the way for favoritism in the letting of contracts, and for a system of brokerage in 
 contracts which was demoralizing in its results, bnnging into the list of contractors a class of peo- 
 ple unaccustomed to perform the work required, and enabling legitimate contractors to pay large 
 prices in order to secure contracts, and, in the opinion of your committee, was the beginning of 
 nearly all the irregularities disclosed in the testimony in the letting of contracts. Any system 
 which would enable an adventurer to come from a distant city, and in the name of a contracting 
 firm make proffers of 50 cents per yard to any person having or supposed to have influence with 
 the board, wher. by a paving contract could be secured, and after persistent effort succeed in secur- 
 ing a contract, and actually binding his principals, the contractors, to pay $97,000 for a contract of 
 200,000 yards of pavement, after an effort of five months to secure it. the gross amount to be re- 
 ceived being only about $700,000, in its nature must be vicious, and ought to be condemned. 
 
 BOSS SHEPHERD THE BOARD OP PUBLIC WORKS. 
 
 Again the report says : 
 
 Pursuant to this authority, for no other seems to have been relied upon, the Vice-President 
 (Shephenl) ultimately came to be, practically, the Board of Public Works, and exercised the power 
 of the board almost as absolutely as iJwugh no one else had been associated with him. 
 
 During a considerable portion of the succeeding time, notwithstanding the most extensive 
 operations were bein^ carried on, and expenditures were being made by the millions, there were no 
 stated times for board meetings, and but comparatively few board meetings were in fact held, but 
 entries were made in the record purporting to contain the proceedings of the board, which were, in 
 fact, made up by the Secretary from letters and papers that came to the office, and from directions 
 made bvthe Vice-President (Shepherd). Some of these were entries made of business transacted 
 by the Vice-President (Shepherd) at his private office, and afterwards placed on the records as hav. 
 ing been business transacted by the board. 
 
 These minutes were rarely, if ever, read and approved. 
 
118 DISTRICT OF COLUMBIA RING AND DE GOLYER BRIBE. 
 
 FALSE CLALMS AGAINST THE UNITED STATES. 
 
 Of the claim of $4,500,000, which the Board of Public Works presented to 
 to Congress against the United States, the report says: 
 
 It was undoubtedly widely wrongr, and whether thei-e is anything that appears in it that can be, 
 with any propriety, charged to the United States, is exceedingly doubtful, excepting it may be the 
 amount of 15248,340.72, and the accuracy of that can only be ascertained by a remeasurement. 
 
 Of the item for $3,740,681.83, as the government's proportion of the cost of 
 
 the main sewerage, the report says: 
 
 All the main sewerage of the city, when completer!, will cost $2,435,835.23, so that this charge 
 against the government for main sewerage is $304,826.60 more than the whole cost. 
 
 In speaking of the manner in which the accounts against the United States 
 
 were manufactured, tlie committee instanced the acts of January 8 and March 3, 
 
 1873, which Gen. Garfield, aided by Sargent of Ohio, and Sawyer in the Senate, 
 
 had engineered through, whereby $3,448,933 were obtained from the national 
 
 treasury. The report say 3: 
 
 These acts were founded on accounts presented by the District for work said to be done, and 
 for which it was alleged that the government of the United States was equitably liable. The tes- 
 timony taken by your committee, and a scrutiny of the reports-of the Boaril of Public Works, con- 
 vinces your committee that those accounts were unreliable and inaccurate, and that the provisions 
 of the law requiring theit verification were not complied with according to their letter and spirit. 
 
 RING BOOKKEEPING. 
 
 Again the report says : 
 
 The treasurer was made the sole custodian of all the moneys received and securities issued, and 
 the sole disbursing officer of the same, without any check upon hiiu whatsoever. He could draw 
 his checks upon the public moneys in favor of whomsoever and for any amount he chose, and on 
 any account he might think proper, without any other member of the board or officer thereof, liav- 
 ing any knowledge of it whatever. He has kept no cash account, and the^checks he has issued do 
 not correspond with the several amounts reported by him to have been paid; so that there is, as he 
 himself concedes, no means of ascertaining whether his accounts are correct, other than by exam- 
 inmg hi.s books and papers in detail, which would have required more time than the committee 
 could devote to it, besides requiring the services of a skillful accountant. From the organization 
 of this board, June, 1871, to this time, the board has not examined these accounts. 
 
 The mode Ox doing business in this office was as follows: Upon the presentation to the auditor 
 of an account or estimate purporting to be approved by the Board of Public Works, the auditor is- 
 sued a certificate of indebtedness, and filed the approval, account, or estimate as his voucher for 
 the issuance of the certificate. But no record or register of such auditing by the board was kept by 
 the board, and it would seem to have been common for a (?ingle member (Shepherd), to direct ac- 
 counts to be auditedin the name of the board; consequently, there are no books that serve as a 
 check upon the auditor, and by the comparison of which with his own books, it can be seen whether 
 he has improperly Issued certificates. 
 
 Notwithstanding the powers of the auditor and of the treasurer, the board during the three years 
 it has been in exi.stence, has done nothing in the way of verifying the accounts of these two ofB- 
 cers. This is a negligence not to be excused in those in whom such important trusts were con- 
 fided. 
 
 Whether moneys have been paid out on false accounts, or diverted to improper purposes, can 
 only be determined from a careful scrutiny of the accounts in detail. 
 
 THE LEGACY THE RING LEFT THE DISTRICT OF COLUMBIA. 
 
 The legacy of debt which the Ring left the citizens of the District of Columbia, 
 is one that will burden their descendants to the latest posterity, and will continu- 
 ally drain the federal treasury. The organic act establishing the territorial form 
 of government for the District, limited the debt to $10,000,000. The joint in- 
 vestigating committee of the forty-third Congress, found from the best data then 
 attainable that the Ring had exceeded this by $8,000,000, and in addition, left a 
 floating debt which has been found to be $11,497,961.13. During a period of five 
 years from July 1, 1871, to July, 1, 1876, there has been collected in taxes from 
 the people of the District, and in money realized on bonds issued, $31,593,981.75. 
 In addition to this, there has been received from the federal treasury 
 $11,247,608.46, making a grand total expended in five years of $42,841,590.21. 
 
 The present debt of the District of Columbia, according to the report of the 
 Sinking Fund Commission of Nov. 29, 1879, is $21,723,712.91. 
 
 A DEMOCRATIC PRESIDENT THE PEOPLE'S ONLY HOPE. 
 
 Congress, startled by the exhibit of Ring rascality, made by the joint investi- 
 
DISTRICT OF COLUMBIA KING AND DE GOLYER BRIBE. 119 
 
 gating committee in 1874, wiped out the Ring government and established a new 
 one. Three commissioners nominated by the President, and confirmed by the 
 Senate, are the autocrats who rule tlie people of the District of Columbia. 
 Their administration has been an improvement upon that of the old Ring, but it 
 is far from being efficient and economical. It has been more or less under the 
 old Ring influence. The Treasurer of the United States has accused them of 
 various shortcomings, and an investigation l^y the District Committee of the 
 House of Representatives last winter developed grave scandals. The Ring gov- 
 ernment had made excessive assessments for street improvements, and Congress 
 provided that they should be reimbursed. In executing this law, the commission- 
 ers issued what were known as drawback certificates. It appears from the tes- 
 timony taken last winter by the House committee that almost every kind of 
 crime was committed by the employees of the District commissioners. 
 
 If there is ever to be a reformation in the administration of the affairs of the 
 District of Columbia, it must come either by Congress establishing a new form 
 of government, or by the election of a President of the United States who will 
 appoint honest men as commissioners. 
 
 The New York Independent, the leading religious paper of the United States, 
 said, in 1874, of Gen. Garfield's connection with the District of Columbia 
 frauds : 
 
 The teslimony taken in the investigation of the District of Cohimbia frauds, shows that Mr. 
 Garfield received $5,000 for his aid insetting through a pavin'jc contract accepted bj' the District 
 government. A Mr. Parsons, a notorious jobber, made an argument for the paving company and 
 then got Mr. Garfield to malie a further argument, and to U!<e his personal influence in its favor. 
 
 Of course Mr. Garfield's argument was successful. How could it be otherwise ? He was 
 Chairman of the Committee on Appropriations. Every cent of moufy voted to tlie District had to 
 come througli him. Shepherd could not afford to refuse him anything he asked. Mr. Garfield 
 knew it when he, asked and receive^ for his services a fee which would have been grossly extrava- 
 gant but for his official position. 
 
 MR. GARFIELD DENOUNCED BY HIS REPUBLICAN CONSTITUENTS. 
 
 (Resolutions passed by Republican voters of the Nineteenth Congressional 
 District of Ohio, in convention assembled, at Warren, Ohio, on the 7th day of 
 September, 1876.) 
 
 Resolmd, That we arraign and denounce him [Garfield] for his corrupt connec- 
 tion with the Credit Mobilier ; for his false denials thereof before his constituents; 
 for his perjured denial thereof before a committee of his peers in Congress ; for 
 fraud upon his constituents in circulating among them a pamphlet purporting to 
 set forth the finding of said committee and the evidence against him, when, in 
 fact, material portions thereof were omitted and garbled. 
 *********** 
 
 Besolved, That we further arraign and charge him with corrupt bribery in selling 
 his official influence as chairman of the Committee on Appropriations for $5,000 
 to the De Golyer pavement ring, to aid them in securing a contract from the Board 
 of Public Works of the District of Colambia ; selling his influence to aid sail ring 
 in imposing upon the people of said District a pavement which is almost worth- 
 less at a price three times its cost, as sworn to by one of the contractors ; selling 
 his influence to aid said ring in procuring a contract to procure which it corruptly 
 paid $97,000 "for influence ;" selling his influence in a matter that involved no 
 question of law, upon the shallow pretext that he was acting as a lawyer ; selling 
 his influence in a manner so palpable and clear as to be so found and declared by 
 an impartial and competent court upon an issue solemnly tried. 
 
120 THE DE GOLTEK FEE. 
 
 THE DE GOLYER FEE. 
 
 THE RECORD OP THE CASE IN THE CHICAGO COURTS. THE CONTRACT DECLARED 
 ILLEGAL AS AGAINST PUBLIC MORALS, BY JUDGE FARWELL. 
 
 The following is substantially a true abstract of the case, so far as it bears upon 
 the action of General Garfield. 
 
 May Term, 1875— Before Farwell, Circuit Judge.— No. 12,181. 
 State of Illinois, Cook County Circuit Court. 
 George R. Chittenden m. Robert McClellan, et al. 
 
 The plaintiff, b}'- E. A. Storrs, Esq. , brought suit against the defendants, upon 
 a contract by •which they agreed to pay him one third of all the profits upon all 
 paving contracts, which he would obtain for De Golyer & McClellan, from 
 boards of public works, in Eastern cities. The declaration alleged that he ob- 
 tained a contract for paving 200,000 square yards from the Board of Public 
 Works of the District of Columbia, at $3.50 per yard, when it would cost only 
 $1.50 to lay it down. That the profits would be $400,000, and the plaintiff 
 claimed the defendants should pay him $100,000, at least, and he claimed a judg- 
 ment for that sum. Besides the general issue — 
 
 The defendants pleaded in substance the following special pleas : 
 
 1st. That the contract was void on its face. 
 
 2d. That it was obtained by the plaintiff by impropar influences — against public 
 policy, and therefore was void. Amongst other things the second special plea set 
 out "that then and there, and while the matter was pending aud undetermin^^d 
 before the said board, he (the plaintiff) did pay to one Richard C. Parsons a large 
 sum of money, to wit : the sum of ten thousand dollars, he then and there being 
 an officer of the United States, to wit : Marshal of the Supreme Court, to apply to 
 said board, and the individual members of said board, to obtain the award of 
 said contract ; and also then and there did employ, or caused to be employed, J. 
 A. Garfield, then and there a member of the House of Representatives, and Chair- 
 man of the Committee on Appropriations of said House, to appear before the said 
 Board, and before the individuals composing the same, to solicit and urge upon 
 said board the award of said contract, and in consideration of his said employ- 
 ment and services and official influence then and there rendered, the said plaintiff 
 did pay, or cause to be paid, illegally, improperly and against public policy, a 
 large sum of money, to wit : the sum of five thousand dollars ; and then and 
 there, and in part by means thereof, the said Board of Public Works were moved 
 and induced, illegally, improperly and against public policy, to make the said 
 award, which said award, amongst other things, contained the following clause 
 or condition, viz. : 
 
THE DE GOLYER PEE. 121 
 
 " 'An additional amount of fifty thousand square yards will be awarded you,' 
 [the defendants meaning] * so soon as the Board are reimbursed by the general 
 government on account of expenditures around the public buildings and grounds, 
 or you, ' [the defendants meaning] ' will be allowed to lay it this season if you can 
 wait until an appropriation is made for this purpose,' [meaning an appropriation 
 by Congress], 'at three dollars and fifty cents per square yard.' And the defend- 
 ants aver that, then and there, and by the terms of the said award of said contract, 
 fifty out of the two hundred thousand yards so awarded were made to depend 
 upon a future appropriation of money to be made by Congress ; that then and 
 there, by the usual course and practice of the House of Representatives, all bills 
 for such appropriations would be referred to, and reported from, the Committee 
 of Appropriations, of which the said Garfield was a member, and the chairman 
 thereof,— the said plaintiff, and the said J. A. Garfield and the said Board of 
 Public Works, severally, then and there well knowing that the said J. A. Garfield 
 did, could and would, from his ofiicial position, exert a potent influence in 
 procuring such appropriations by Congress for the purpose mentioned in said 
 award ; and the defendants say, that by means of the said premises, the said 
 award of contract mentioned in the said declaration was then and there illegal, 
 improper, against public policy and void. And this the said defendants are 
 ready to verify ; wherefore they pray judgment if the said plaintiff ought to have 
 or maintain his aforesaid action thereof against them." 
 
 3d. In another and further special plea, the defendants, amongst other things, 
 alleged as follows : 
 
 "That sometime in the latter part of May, 1873, and while the Congress of the 
 United States was in session, and before any appropriation for that year had been 
 made by that body for improvements to be made in the streets of Washington, in 
 the District of Columbia, the plaintiff then and there represented to the said De 
 Golyer and McClellan, that through one R. C. Parsons (then marshal of the Su- 
 preme Court of the United States), he had secured the influence of General James 
 A. Garfield (then a Representative in the House of Representatives in the Con- 
 gress of the United States, and Chairman of the Committee on Appropriations of 
 the said House of Representatives), to be used in behalf of the said De Golyer & 
 McClellan in the application for pavement contracts from the Board of Public 
 Works of the District of Columbia ; that by letter dated at the Arlington flouse, 
 Washington, District of Columbia, addressed to said De Golyer & McClellan at 
 Chicago aforesaid, he stated among other things that Col. Parsons had arrived ; 
 that ' the influence of General Garfield had been secured by yesterday, last night, 
 and to-day's labors ; he carries the purse of the United States — the Chairman of 
 the Committee on Appropriations, and is the strongest man in Congress and with 
 our friends. My demand is to-day not less than one hundred thousand more — two 
 hundred thousand in all. Every thing is in the best of shape — the connections 
 complete, and I have reason to believe satisfactory. 
 
 " 'The model is in Gen. Garfield's house — sent there last night; — note, you will 
 be ready to leave on the first train when telegraphed to. I can hardly realize that 
 we have Gen. Garfield with us. It is rare, and very gratifying. Ail appropria- 
 tions of the district come from him. " 
 
 The plea then avers that Garfield appeared before said board as set out in 
 former plea, that the award of said contract with the conditions as set out in the 
 other plea, was made, and goes on to aver : 
 
 " That then and there the said J. A. Garfield was a member of the House of 
 Representatives, in which all bills to appropriate money originate ; that he was 
 
122 THE DE GOLYER FEE. 
 
 then and there Chairman of the Committee on Appropriations of the House of 
 Representatives, to which committee, by the rules and practice of said House, 
 all bills to appropriate money to be expended in the said District of Columbia 
 must be and are referred ; that then and there it was well known to the said 
 Richard C. Parsons, James A. Garfield, Alexander R. Shepherd, the plaintiff, 
 and the said De Golyer & McClellan, that the said J. A. Garfield then and there, 
 and thereafter, in his official character as a member of said House of Representa- 
 tives, and as chairman of the said committee, did, could and would exert and 
 exercise a potent influence in and upon the said committee, and upon tlie said 
 House of Representatives, in reporting to and passing through said House bills 
 to appropriate moneys to be expended in the said District of Columbia, in and 
 upon the said pavements to be awarded by the said Board of Public Works. 
 
 "The defendants aver that then and thereby, and by means thereof, the said 
 A. R. Shepherd, as a member of said board, and the said Board of Public Works 
 was moved and induced to make, and, in fact, did make the said award and con- 
 tract above set out and described in the declaration, and not otherwise. 
 
 "And these defendants further say: that afterwards, to wit, on the 10th day of 
 July, 1872, at Chicago aforesaid, in consideration thereof, and of the services and 
 official influence rendered and given as aforesaid by the said James A. Garfield, 
 and the said R. C. Parsons, the said De Golyer & McClellan made their certain 
 draft for ten thousand dollars, and delivered the same to the said Parsons, at 
 Cleveland, which said draft was duly paid, that then and there the one half, or 
 the sum of $5,000, was paid to the said J. A. Garfield for his services and official 
 influence &c. ; that it was to be paid as a contingent fee, and was to be paid only 
 upon the condition that the said award should be granted by the said Board of 
 Public Works, and not otherwise, as was then and there agreed between the said 
 plaintiff and the said Parsons for himself and for the said Garfield. 
 
 "And these defendants further say, that afterwards, at Washington aforesaid, 
 the said Committee on Appropriations did recommend the passage, and the House 
 of Representatives did pass, a bill appropriating large sums of' money, which said 
 bill passed Congress, and was approved January 8, 1873, for the sum of $1,241,- 
 920.92, out of which said sum the said Board of Public Works were authorized 
 to pay the said sum of money agreed to be paid by said contract and award, 
 
 "And the said defendants further aver that the award was, in fact, mainly pro- 
 cured by the official influence of the said Garfield alone. 
 
 "And the defendants say that by means of the premises the said award and 
 contract were then and there illegal, improper, against public policy, and void, 
 &c. — And this the said defendants are ready to verify, &c., wherefore, they pray 
 judgment," &c. 
 
 STATEMENT OF DEFENDANT'S COUNSEL. 
 
 When the matter came on to be heard, I, as counsel for the defendants, sub- 
 mitted a brief in writing, of which the fourth, fifth, and sixth points are as 
 follows, viz. : 
 
 4th. The pleas are good. They set out in substance that the contract was 
 obtained by the plaintiff of the Board of Public Works of the District of Colum- 
 bia by improper influences. That the contract was in part to the amount of 
 50,000 square yards, upon its face, contingent upon a future appropriation to be 
 made by Congress ; that the plaintiff employed James A. Garfield, then being a 
 member of Congress and Chairman of the Committee on Appropriations of the 
 House of Representatives, agreeing to pay him a contingent fee of $5,000, pro- 
 vided he would obtain the said contract of the Board of Public Works; that by 
 his influence and persuasion he did procure the same, for which he received the 
 
THE DE GOLYER FEE. 123 
 
 sum of $5,000; that afterwards a bill was reported from the committee of which 
 he was chairman, and did pass the house, and passed Congress and became a 
 law, appropriating the sum of $1,241,000. out of which the pavement under said 
 contract could be paid for by said Board of Public Works; that the plaintiff and 
 the defendant, and the said Garfield and the members ot the said Board of Public 
 Works, well knew at the time of his said employment, and at the time of his 
 service in procuring said contract, that said Garfield, from his official position, 
 did and would have a potent influence in procuring the passage of such appro- 
 priation to carry such contract into effect by said Board of Public Works ; and 
 that by means of the premises the said contract was, in fact, obtained by im- 
 proper influences, against public policy, and is void. 
 
 5th. It is no sufficient answer to say that Garfield was at the same time a 
 member of the legal profession. His being a member of Congress at the same 
 time, any employment as counsel upon a contingent fee or otherwise to obtain 
 a contract from a board of public officers, dependent upon the future action of 
 Congress to fulfill, is against public policy, and is void. 
 
 6th. That the plaintiff Chittenden well knew, and intended, that the inflm nee 
 of General Garfield as a member of Congress was to be used in procuring the 
 contract rather than his arguments as a counsellor-at-law, is evident from his 
 letter to the defendants, set out in their special plea, in which he says: "The in- 
 fluence of General Garfield has been secured by yesterday, last night and to-day's 
 Jabors. He carries the purse of the United States — the chairman of the Commit- 
 tee on Appropriations — and is the strongest man in Congress and with our friends. 
 My demand is to-day not less than one hundred thousand more— two hundred in 
 all. Everything is in the best shape, the connections complete, and I have reason 
 to believe satisfactory. * * * j can hardly realize that we have General 
 Garfield with us. It is rare, and very gratifying. All the appropriations of the 
 District come from him. " 
 
 In the recent case of Burke 1)8. Child, not yet reported (May, 1875), decided 
 at the last October Term of the Supreme Court of the United States, Mr. Justice 
 Swayne, in a very able opinion, reviews all the cases, and holds: That a contract, 
 express or implied, for purely professional services is valid. Within this category 
 he includes drafting a petition, attendance on taking testimony, collecting facts, 
 preparing arguments and submitting them, orally or in writing, to a committee 
 or other proper authority. 
 
 But such services are separated by a broad line from i)€rsonal solicitation and 
 from official influence. 
 
 The agreement with Gen. Garfield, a member of Congress, to pay him $5,000 
 as a contingent fee, for procuring a contract which was itself made to depend 
 upon a future appropriation by Congress, which appropriation could only come 
 from a committee of which he was chairman, was a sale of official influence, 
 which no veil can cover, against the plainest principles of public policy. No 
 counselor-at law, while holding high office, has a right to put himself in a posi- 
 tion of temptation ; and, under pretense of making a legal argument, exert his 
 official influence upon public officers dependent upon his future action. 
 
 Certainly the courts of justice will never lend themselves to enforce contracts 
 obtained by such influences. 
 
 The court [Judge Farwell presiding] overruled the demurrer ; held the spe- 
 cial pleas to be good ; and, that the contract was void as against public policy. 
 That ended the case. 
 
 Respectfully yours, 
 
 J. R. DOOLITTLE. 
 
124 THE SANBOBN FliAUDS. 
 
 THE SANBOM FRAUDS. 
 
 A Republican Congress passed an act approved June 31st, 1870, which author- 
 ized the Secretary of the Treasury to make contracts with persons having knowl- 
 edge of money due to the United States for its collection. This law turned loose 
 upon the country a swarm of informers and spies. Blackmailing was legalized. 
 The oldest and most respectable business men in the country became the prey of 
 disreputable creatures who made use of some private peccadillo to extort money 
 from them under the pretence of collecting money due the government, on ac- 
 count of a failure, in the past, to comply exactly with the terms of the revenue 
 laws. Very little of the money thus obtained ever found its way into the Federal 
 treasury. This system of extortion and blackmail became so odious that 
 both Houses of Congress in May, 1872, voted to repeal the law creating the moiety 
 system. 
 
 This disreputable business under the law of 1870 was open to any depraved 
 characters who might engage in it. Two men, W. H. Kelsey, an ex-member of 
 Congress from New York, and John D. Sanborn, of Massachusetts, a friend of 
 Secretaries Boutwell and Richardson, appear to have conceived the idea of having 
 an act of Congress passed which would give them and their tools a wide field in 
 which to practice their nefarious business. It is pretty clear that at least one of 
 the Assistant Secretaries of the Treasury was a partner in this jobbery. He 
 made his official position so subservient to that obiect that Sanborn was allowed 
 $173,390 for three months'work between, October 1st, 1873, and January 9th, 1874, 
 and this too, after the House of Representatives had taken the initiative step 
 towards investigating the business. 
 
 It was the intention at first of Kelsey and Sanborn to introduce their proposed 
 measure in the House of Representatives, but some of the members of the Com- 
 mittee of Appropriations were known to be hostile to the system of moieties in 
 any form. They therefore determined to begin in the Senate. Frederick A. Saw- 
 yer, afterwards Assistant Secretary of the Treasur}-, was then in the Senate. 
 He had placed upon the Legislative, Executive and Judicial Appropriation Bill an 
 amendment in these words : 
 
 And from and after the passage of this act, the Secretary of the Treasury shall have power to 
 employ not more than three persons to assist the proper officers of the government in discovering 
 and collecting any money belonjiing to the United States, whenever the same shall be withheld by 
 any person or corporations, upon such terms and conditions as he shall deem best for the interest 
 of the United States; but no compensation shall be paid to such persons, except out of the money 
 and property so secured. 
 
 GEN. GARFIELD AS USUAL SUBSERVIENT. 
 
 There was no discussion whatever in the Senate. This amendment was adopted 
 upon the assurance that large sums of money were withheld improperly from the 
 treasury which could be collected by this means. The Legislative, Executive 
 
THE SANBORN FRAUDS. 125 
 
 and Judicial Appropriation Bill, as amended by the Senate, was reported to the 
 House of Representatives April 8th, 1872. Instead of concurring in the Senate, 
 amendment above quoted, the House not only rejected it, but passed an act 
 repealing the moiety act of June 21st, 1870. This sharp reply of the House to 
 the Senate was not decisive. On the 12th of April when the House had com- 
 pleted the consideration of the bill, the Chairman of the Committee on Appro- 
 priations, General Garfield said : 
 
 I rise to a question of privilege. It will quicken action apon the Legislative Appropriation Bill 
 if the House asks for u conference on the disagreeing votes, and let it go back to the Senate again. 
 I ask that the bill be returned to the Senate, with the amendments that we have concurred in, and 
 that a conference be asked upon the disagreeing votes of the two Houses. 
 
 Gen. Garfield was evidently in a hurry to get the bill into the Conference Com- 
 mittee. He was not willing to wait for the Senate to accept or reject the action 
 of the House. His motion to ask for a Committee of Conference was adopted, 
 and the Speaker appointed as conferees on the part of the House Mr. Garfield, 
 Mr. Freeman Clark and Mr. Niblack. On the 19th of April, the Senate appointed 
 Mr. Cole, Mr. Morrill of Vermont, and Mr. Sawyer on their side. On the 22d of 
 April, three days later, the bill was reported from these conferees to the Senate, but 
 was not acted upon at that time. Senator Cole, however, took occasion to in- 
 form that body that Gen. Garfield was very urgent to get it through, or to use his 
 own words — 
 
 I have information from the Chairman of the Committee on Appropriations of the House that it 
 is very desirable for the Senate to act upon this report at an early hour to-day in order that it may 
 be disposed of in thai body. It has to he reported here first under the orders of the two Houses. 
 
 On April 24th, the report of the Conference Committee was read in the Senate. 
 The House conferees had receded from the disagreement to the Senate amend- 
 ment in regard to moieties. Mr. Cole, in explaining the action of the Conference 
 Committee, said : 
 
 The conferees on the part of the House agree to the next amendment, the 34th, authorizing the 
 Secretary of the Treasury to employ not exceeding three persons to assist the regular officers in 
 collecting taxes and dues which are withheld from the treasury. 
 
 Gen. Garfield made the Conference report to the House on the 26th of April and 
 endeavored to drive it through without debate. "We quote from the Globe : 
 
 Mr. Garfield of Ohio : If I can have the attention of the House for a few minutes- 
 Mr. Randall : Allow me to make a suggestion. It is now twenty minutes to five o'clock. We 
 cannot understand this report from its reading by the clerk and shall have to listen to a long ex- 
 planation from the Chairman of the Committee on Appropriations. There are some features of 
 this report to which there undoubtedly will be objection. I therefore suggest that it be allowed to 
 go over until Monday. 
 
 Mr. Garfield of Ohio : I would cheerfully do that, but for one thing. This is a very long bill, 
 and the enrolling clerks ought to have to-morrow to prepare it for signature. I think the gentle- 
 man will find that the points to which objection will bo made are very few, and they can be stated 
 in a very few minutes. 
 
 Mr. Speer of Pennsylvania : This bill will not go into efEect until the Ist of July next. What is 
 the great necessity for this hurry about it ? 
 
 Mr. Garfield of Ohio : I believe I can state in six minutes all that is needed in the way of ex- 
 planation. 
 
 Mr. Dickey : The House is not full ; and if in a full House this report should be rejected, then 
 all the labor of the enrolling clerks will be lost. 
 
 Mr. Randall : It would be very satisfactory to have more time for consideration. 
 
 Mr. Famsworth : Some of these amendments will give rise to discussion. 
 
 Mr. Hale : There will be some opposition to portions of this Conference report. TJndonbtedly 
 the explanation of the Chairman of the Committee on Appropriations will be satisfactory as far as 
 it goes, but this report is an Important one, and there has been no opportunity to examine it in 
 detail. In view of that fact, and also that there may not be a quorum here now, I suggest whether 
 it would not be better to let this report go over until next week. 
 
 Mr. Garfield of Ohio : If my colleague on the Committee on Appropriations (Hale) desires a post- 
 ponement of this report, I certainly liave no personal preferences of my own to oppose it. 
 
 Mr. Hale : I do not wish postponement put on that ground at all. 
 
 HAND IN GLOVE WITH SANBORN SAWYER. 
 
 The attempt to gag the House and force the Sanborn bill through when a quo- 
 rum was not present, had to be abandoned that day. "When the report was next 
 
126 THE SA:S^B0RN FRAFiJl 
 
 called up, in stating the results of the conference, General Garfield did not even 
 
 name the thirty -fourth amendment. He simply said : 
 
 The material put in by the Committee of Conference is very slight and is only found in the 
 words of this report printed in italics. If there are special points upon which gentlemen desire to 
 ask a question, I will now yield for that purpose. 
 
 *********** 
 
 Mr. Farnsworth : I object to that part of the report of the Committee of Conference which allows 
 the Senate amendment to t^tand authorizing the Secretary of the Treasury to appoint commissioners 
 or agents for the purpose of gathering up certain property. I understand that the Secretary of the 
 Treasury does not wish the enactment of any such provision. T am opposed to a proposition of 
 that kind upon the ground I have always advocated, that we should abandon the system of spies 
 and informers. These commissioners, as I understand, are to be appointed as spies or informers. 
 
 Mr. Ambler : And the. proposition is not for a general system of spies, but for a monopoly of 
 spies, if I may so express it. Certain gentlemen are to have a monopoly of the spy syslem of the 
 United States. 
 
 Mr. Rrtudall : Now when we are proposing to abolish two thousand revenue officers, here comes 
 a proposition to increase them. 
 
 Mr. Farnsworth : 1 suppose that proposes, if we arc to have any spies, we might as well have a 
 monopoly of them. 
 
 Mr. Garfield : If we ere to have any, the fewer the better, I think. 
 
 Mr Randall : It seecis to me that the thirty-fonrth amendment ought not to be agreed to. The 
 House has voted I don't know how often in distinct opposition to the moiety system and the spy 
 system. This proposition, it is true, does not contemplate the moiety system proper, so called, but 
 a system by which the Secretary of the Treasury may divide with those gentlemen to be named by 
 him the proceeds of prosecutions. Such a provision seems to be entirely wrong. 
 
 Mr. Hale, of JMaine : What I object to is this ; that these informers should be paid for assisting 
 the proper officers of the government. What are the proper officers to do if they are not to detect 
 these thieves and execute the laws ? What are the district attorneys and the whole paraphernalia 
 of our courts, what are they all for unless to enforce the law and collect the money and property 
 belonging to the government of the United States ? Shall we establish this most vicious system 
 for the discovery of information ? I have reason for believing that the other members of that 
 committee (Senate), had they been required, would have yielded this as a matter of concession. 
 
 What Mr. Hale stated was well known by many others. If Gen. Garfield and 
 his co-Gonferers of the House had stood firm the Senate would have yielded. The 
 moiety system was odious and public sentiment was decidedly against it. Senator 
 Cole's language to the Senate conveys but one idea — that Mr. Garfield was desir- 
 ous of having the Senate amendment adopted. Gen. Butler of Massachusetts 
 defended the moiety system and pronounced a eulogy on Sanborn, and ad- 
 vocated the adoption of the Senate amendment. He was followed by Mr. Randall. 
 
 GARFIELD DID NOT WANT DISCUSSION. 
 
 Mr. Randall: Now this provision may have reference to a higher class of plunders : but the opera- 
 tion of such legitlation must be the same, and at a time when we are proposing to simplify the 
 collection of the revenue, to raise revenue from a reduced number of articles, and to collect it solely 
 by stamps, there certainly must be no necessity for such a provision as thi-. I hope the House will 
 have the good sense to vote down the proposition, as it has repeatedly heietofore voted down al- 
 most unanimously propositions of the same kind. 
 
 Mr. Garfield of Ohio: No member of the Committee on Appropriations was more opposed, or is 
 more opposed, to the idea of moieties than I. I was opposed to putting on the clause to which the 
 several gentlemen have referred. We And the Senate making this statement. The Senate con- 
 ferers UAd us that they had reason to believe that single corporations had covered up under the form 
 of stock accounts and other bonds, $500,000, which ought to have been paid into the treasury as in- 
 come tax, and they had reason to believe this provision would enable the Secretary of the Treasury 
 to secure the repayment of that amount. The Senate conferers were a unit on this subject, and 
 notwithstanding atl the representations we made they would not give way. I do not believe a 
 better result can be had if we vote a dozen conferences. I have no personal pride in this confer- 
 ence report ; but I say ut this stage of the session, when this report has cost five sessions of the 
 conference committee to produc the result, I should be sorry to see it defeated in this single point. 
 I demand the previous question on the adoption of the report. 
 • Mr. Randall: I ask the gentleman to let me move to amend. 
 
 Mr. Garfield of Ohio: I cannot. 
 
 Mr. Randall I hope the previous question will be voted down. I desire to ask a parliamentary 
 qnestion, whether we have not the right to have another conference to take out that portion of this 
 report ? 
 
 The Speaker: If the House so orders. 
 
 Mr. Holman: Is it not further iu order to move to recommit the bill if the previous question be 
 not seconded. 
 
 Mr. Garfield of Ohio: I demand the previous qnestion. 
 
 The yeas and nays were ordered. 
 
 The question was taken and it was decided in the negative, yeas 80, nays 81, not voting 79. 
 
 MR. GAr.FIELD VOTED AYE. 
 
 t 
 So, the report of the conference committee was not agreerl to. 
 Mr. Holman: I move to recommit the report to the committee of conference. 
 Mr. Garfield of Ohio: 1 do not see liow that can be done, the Senate having already acted upon 
 this report. 
 
THE SANBOBX FKAUDS. 127 
 
 Mr. Farnsworth: Would not the proper course be to appoint another committee. 
 
 The Speaker: There is nothing in the rules preventing the recommittal of the report to the same 
 committee. 
 
 Mr. Wood: I wish to inquire if it would be in order to express the hope that the committee will 
 stand' bj' the action tliat the House has just taken ? 
 
 The Speaker: The gentleman can express that hope in public or in private. [Laughter]. 
 
 Tlie question being taken on recommitting the report to the committee of conference it was 
 agreed to . 
 
 Gen. Garfield while pretending to oppose moieties made every effort in this 
 contest, and resorted to every maneuvre to have the Senate Sanborn amendment 
 adopted. And when the Conference Committee came back with the old amend- 
 ment, with a tale of verbiage of no value at all, and which in no manner changed 
 its objectionable features, here is Mr. Garfield's lame defense of it : 
 
 GA.RFIELU'S ARGUMENT FOR THE VICIOUS LAW. 
 
 Mr. Garfield of Ohio : Mr. Speaker, there were two points especially made in the House against 
 the Senate amendment apart from the objections which were directed against the entire principle 
 of the proposition. The conferers have had four sessions in regard to this question. The Senate 
 conferers were absolutely unwilling to recede from the amendment. After ail these conferences 
 v-e insisted tliat if the proposition'was to be retained at all there should be safeguards to obviate 
 special objections made in the House. The first was that irresponsible persons without character 
 might make such representation^^ as might induce the Secretary of the Treasury to give them a 
 contract, and that this would be the last heard from them. The amendment in itd present form, as 
 members will have noticed if they had attended to the reading, provides, that no contracts shall be 
 made with any person unless he first submits a written statement under oath of what lie believes 
 to be the amount of money or property withheld from the government unlawfully by any person, 
 firm or corporation, stating also the law that he believes to be violated ; and the statements are to 
 be so specific that they may enable the Secretary of the Treasurer to know where the derelict prop- 
 erty is and its exact status. In the next place, the araendmenc m its present form provides as a 
 pro'tection against blackmailing, that any person having such contract who shall attempt to make 
 settlement, or shall receive money in the way of settlement without an express written order from 
 the Secretary of the Treasury to that effect, shall be deemed guilty of penal offense, and shall be 
 punished therefor. In the third place, it is provided that frequent reports under the direction of 
 the treasury shall be made by any person thus authorized to recover property. The committee of 
 conference believe that the proposition in its present form obviates as fully as possible the evils 
 apprehended by members of the House who objected to the measure. The gentleman from 
 Pennsylvania desires to ask me a question. 
 
 Mr. Randall : Nor. now ; I will wait until you get through. 
 
 Mr. Garfield cf Ohio : I desire to call the previous question. 
 
 Mi. Eaudall : I do not suppose you desire to call the previous question until objections to this 
 report have been made. It is one very objectionable even in its modified form. 
 
 Mr. Duke : I hope the gentleman from Ohio will allow it to be printed and go over to another 
 day. 
 
 Mr. Garfield of Ohio : I demand the previous question. 
 
 Mr. Randall : I hope the previous question will not be ordered. The bill is just as offensive as 
 it ever was. 
 
 Mr. Bingham : Debate is not in order, the previous question having been called. 
 
 Mr. Farnsworth : I should like to ai-k the gentleman from Ohio whether any change has been 
 made on the subject of increase and salary. 
 _Mr. Garfield of Ohio : Tht re has been no change. I demand the previous question. 
 
 Mr. Randall : I move the House adjourn if the gentleman will not give me time to discuss it. 
 
 The House divided, and there were ayes, 71, noes, 79. 
 
 Mr. Randall demanded tellers. 
 
 Tellers were ordered, and Mr. Randall and Mr. Garfield of Ohio were appointed. 
 
 Mr. Sargent : I do not think there is any necessity for going on with the motion to adjourn. 
 There is no objection to some reasonable time being given for debate. 
 
 Mr. Cox : It was refused, and I object to debate now. 
 
 Mr. Garfield of Ohio : I was willing to yield any reasonable time for debate. 
 
 Mr. Randall : You had a very strange way of showing your willingness. 
 
 Mr. Garfield of Ohio : Don't quarrel or we will go on. 
 
 Mr. Cox : Well, go on. 
 
 The House again divided, and the tellers rei)orted ayes, 61 ; noes, 68. 
 
 Mr. Garfield of Ohio : If the gentleman desires to speak for a few minutes I do not object, but 
 I am willing to withdraw the previous question. 
 
 Mr. Randall : There ought to be some debate upon this important question. 
 
 Mr. Cox : I demand the yeas and nays on the motion to adjourn. 
 
 The yeas and nays were ordered. 
 
 The question was taken and it was decided in the negative. Yeas 70, noes 103 ; not voting 67. 
 
 So the House refused to adjourn. 
 
 The previous question was seconded and the main question ordered. 
 
 Mr. Randall demanded the yeas and nays. 
 
 They were ordered. 
 
 The question on agreeing to the report of the Committee of Conference was then voted on and 
 resulted yeas 87, noes 77 ; not voting 76. 
 
 GENERAL GARFIELD VOTED AYE. 
 
 During the few days that intervened between those two votes the Sanborn Ring 
 conquered the prejudices of some of their adversaries, persuaded others to stay 
 
128 THE SAKBORN PKAUDS. 
 
 away, and converted their first defeat into a majority of ten in which the party 
 lines were closely drawn. 
 
 One of the strongest reasons for the sudden conversion was Gen. Garfield's 
 statement that the amendment had been guarded so as to protect the treasury. 
 Experience has shown that these pretended safeguards were only contrived to 
 pass the amendments ; for all the excesses which brought such scandal on the 
 treasury and compelled Congress to repeal the law, were perpetrated under it. 
 They helped rather than harmed the Sanborn Ring in their operations. 
 
 THE SANBORN FRAUDS INVESTIGATED. 
 
 The House of Representatives , February 13th, 1874, directed the Committee of 
 Ways and Means to investigate the operations of Sanborn and others under the 
 moiety law which Gen, Garfield had succeeded in 1872 in passing. The investi- 
 gation was thorough. Hon. Charles Foster of Ohio then a member of the Ways 
 and Means committee, now Governor of Ohio, was active in the prosecution of 
 this inquiry. In their report (see H. R. Report 559, 43CZ Congress 1st Sess., page 1) 
 the Committee of Ways and Means say : 
 
 The Forty-second Congress at its second session reported a law wliich provided for the paj'ment 
 of moieties to informer:?, so far as related to internal revenue tax ; but in the last hours'of the same 
 session, and by means of a committee of conference, tliere was engrafted on the Legislative, 
 Executive, and Judicial Appropriation Bill, a provision of seemingly so slight significance, as to 
 have been added as the last half of a sentence, in one of the usual paragraphs relating to the 
 Internal Revenue Bureau. 
 
 ,) Under this provision of "seemingly so slight significance," contracts were 
 made with Sanborn and his partners in over 5,000 cases. The names of the par- 
 ties, companies, public bodi-es, foreign and domestic, fills over 50 printed pages 
 of the report of the committee, involving transactions covering hundreds of mil- 
 lions of dollars. The informers were to liave 50 per cent, of the gross sum col- 
 lected and paid over to the treasury. The 9ommittee, in their report, page 3, say: 
 
 now THE GOVERNMENT WAS ROBBED. 
 
 The committee find that the Information furnished by the regular officers of the government 
 on which collections were made, was placed at the disposal of Sanborn, to avail himself of informa- 
 tion paid for by the government, and obtain contracts for the collection of the very claims thus 
 brought to light and found to be due the government. 
 
 It further appears from the testimony of Sanborn, that when he applied for this railroad con- 
 tract, he furnished a list of railroads taken from the railroad manuals and guides, comprising the 
 names of 592 railroad companies, being substantially the entire list of railroads within the United 
 States. Sanborn made affidavit that all of these 592 railroad companies were delinquents. 
 
 The committee cannot ascertain that the Commissioner of Internal Revenuf, or any officer of his 
 department, was before, at the time, or since the contracts were made, or that he was advised as 
 to the making of the contracts, or of the character of the claims that was intended thereby to be 
 collected. No communication on the subject ever passed from the office of the secretary to that of 
 the commissioner. No order in regard to it was ever issued from the commissioner's office, nor 
 were any collections or other actions of his subordinates ever reported to them until after action 
 was taken in the House, calling upon the secretary for information in relation to these collec- 
 tions. In fact, it is shown that the commissioner wrote a letter, protesting against the manner of 
 these collections, to the secretary, which has never been answered. * * * * 
 
 The whole power of the Internal Revenue Bureau, as well as the entire machinery of the govern- 
 ment for the collection of taxes, was placed at the disposal of Sanborn. * * * 
 The evidence of Supervisors Hawley and Simmons shows that they regarded these appropriations as 
 requiring them to assist Sanborn at all times, and to the utmost of their ability, in the collection 
 of taxes, in whatever case he might desire their aid. It is also shown by these witnesses that they 
 did place at his disposal officers under their control in the pay of the Revenue Bureau, and who 
 did collect while in such employ, and under such pay, much the largest part of the total amount 
 credited as collected by Sanborn, and on which he received 50 per cent. 
 
 The committee find that some of the agents of Sanborn, who were not employees of the govern- 
 ment, were, without authority of law, furnished by the Secretary and Assistant Secretary of the 
 Treasury, with special letters to the supervisors and collectors throughout the country, calling 
 upon such officers to aid and assist them as they might require. In addition to this, to more com- 
 pletely arm them with power, two of these same agents were furnished with secret service detect- 
 ives commissioned by the Solicitor of the Treasury. 
 
 THE MONEY COULD HAVE BEEN COLLECTED WITHOUT CONTRACT. 
 
 It is the opinion of the committee that a very large percentage, if not all of the $427,000 of taxes 
 collected by Sanborn, were not a proper subject of contract under the law. All of these taxes 
 should, or would have been collected by the Internal Revenue Bureau in the ordinary discharge of 
 their>duty. ************ 
 
THK SANBORN FRAUDS. 129 
 
 It is shown by the evidence before the committee that about $10,000 was collected by Super- 
 visors Hawley and Simmons from taxes imposed by Schedule C of the Internal Revenue law, for 
 the collection of which no contract was made with Sanborn or any one else. Nevertheless, San- 
 born claimed and was allowed 50 per cent, thereof. By the testimony of Mr. Odell, Treasurer of 
 the Delaware, Lackawanna and Western Railroad Company, and that of Supervisor Hawley, it 
 very clearly appears that the sums collected from that railroad— being about $100,000— were well 
 known to the Internal Revenue officers, and are collected by them, whicti collection should have 
 been made in the ordinary discharge of their duties, and without cost to the government. 
 
 WHO WAS RESPONSIBLE. 
 
 The Ways and Means Committee endeavored to ascertain where the responsi- 
 bility rested in the Treasury Department for this gross dereliction of duty, but 
 they were unable to do it. lu their report they say : 
 
 The committee feeling alarmed at the apparent looseness with which the law has been adminis- 
 tered, were desirous of ascertaining where the responsibility rested. It would seem to belong 
 somewhere in the Treasury Department. They have had before them the Secretary, Assistant 
 Secretary Sawyer and the Solicitor of the Treasury. The Secretary gave but little information, 
 and exhibited an entire want of knowledge as to the manner of making the contracts, administer- 
 ing the law, or of the provisions of the law itself. His only connection so far as he could remem- 
 ber, with this transaction, was in affixing his signature to the various papers presented, as a mere 
 matter of office routine, without knowing their contents. 
 
 The Assistant Secretary disclaimed any particular knowledge of the law of contracts, and in 
 like manner affixed his signature as a matter of office routine. The Secretary and Assistant Stcre- 
 tary by their testimony show that the papers were prepared by the Solicitor of the Treastiry, thus 
 indicating a responsibility upon him. The Solicitor of the Treasury in turn testified that he is sim- 
 ply the law officer of the Treasury Department and a subordinate of the Secretary of the Treas- 
 ury, without any power in regard to the administration of this law, except that expressly given 
 by the Secretary; that he had consulted in every instance with the Secreta- y and Assistant Secre- 
 tary of the Treasury; that he had in all cases simply obeyed the directions of his superior officers, 
 and that the contracts or various orders of the department, were well known to the Secretary and 
 Assistant Secretary. * * * 
 
 Under this law $427,000 was collected and paid into the treasury. Of this amount Sanborn re- 
 ceived $218,500. 
 
 Judge Noah Davis, of New York, then United States District Attorney, was 
 one of the witnesses examined by the committee. He said that he knew of no 
 law that allowed the Secretary of the Treasury to make contracts with any person 
 by which he was to be paid more than five per cent, for the collection of money. 
 He further said that Sanborn came to him, and desired to make an arrangement 
 by which some of these collectiojis could be made through his office, and offered 
 to divide with him, but that he declined. 
 
 George Bliss, who succeeded Judge Davis as United States District Attorney 
 at New York, was more subservient. He testified that he assisted Sanborn in 
 making his collections, and received five per cent., which in a very short time 
 amounted to $12,000. The collections that were made through the District At- 
 torney's office were principally in cases of legacy and succession taxes. The 
 Ways and Means Committee, in their report, say in regard to this : 
 
 It is clear that legacy and succession taxes should not have been made a matter of contract. 
 THE LEGACY AND SUCCESSION TAX SWINDIiK. 
 
 J. D. Coughlin, of New York, testified as follows : 
 
 While I was assistant assessor of succession and legacy for the County of New Tork, I, with 
 one or two assistants that the department gave me, collected from $100,000 to $500,000 a year, as 
 the records of the Internal Revenue Department will show. The salary of an assistant assessor 
 was $1,500 a year. 
 
 Q. Thus a neglect to collect was a dereliction of duty on the part of the Internal Revenue offi- 
 cer? A. Yes; it was entirely a dereliction of duty on the part of that officer. 
 
 Q. You were well aware of this, and made application to the Secretai y of the Treasury for a 
 collecting contract, did you not? A. Yes; I made such application soon after I went out of office as 
 assistant assessor. 
 
 Q. While you were still acting as an officer of the government, why did you not inform other 
 officers of the govemmeni, that they might be able to make collections. ? A. Because I knew if 
 the government was goinp-to collect taxes at 50 per cent., I would be the best person, because I 
 knew how to get on with tne business. 
 
 Q. Why did not the Secretary give you a contract a IS per cent* f .A. I don't know. 
 
 Q. Did he ever write any answer to your application ? A. No, sir 
 
 THE REPEAL OF THE INIQUITOU*! LAW/ 
 
 The exposure of the Sanborn frauds excited such universal indignation 
 
130 THE SANBORN FRAUDS. 
 
 throughout the country and aroused public sentiment to such a pitch, that Con- 
 gress, on June 20, 1874, unconditionally repealed the law which Mr. Garfleld had 
 contributed so much to enact. The repealing act provides that : 
 
 The Secretary of the Treasury is authorized to revoke and annul all contracts for the collection 
 of such taxes made under and by authority of eaid act ; that the Court of Claims shall have no 
 authority to consider or decide upon any claims for damages by reason of the discontinuance of the 
 contracts aforesaid, or for any profits or percentage under them. 
 
 THE REPEALING ACT DEFIED. 
 
 This repealing act has been openly violated. The proof of this is contained in 
 the last " estimates of deficiencies " for the j-ear ending June 30, 1880 (See Ex. 
 Doc. 34, U.R. 46 Cong., 2d Sess.) In this John Sherman asks for an appro- 
 priation to meet a deficiency " for detecting and bringing to trial persons 
 violating the .internal revenue laws, including payment for information and 
 detection." 
 
 On pago 24 of this ofllcial document is a " Schedule of accounts found due by 
 the First Comptroller," to certain spies and informers, for the fiscal year 1878. 
 In this schedule are 31 names, and the total amount asked for is $7,547.35. 
 J. D. Sanborn is one of the persons for whom an appropriation is asked. Five 
 distinct claims presented by Sanborn, and "found due by the First Comp- 
 troller," are printed in this list, aggregating $5,033,60. 
 
 THE NEW YORK TRIBUNE ON THE SWINDLE. 
 
 The New York Tribune of February 27, 1873, in commenting on Mr. Garfield's 
 law creating a monopoly of informers and spies, says : 
 
 Elsewhere we publish an accurate account of a Washington job, connected with the collection of 
 overdue taxes, under the Internal Revenue laws. It would be difficult to credit the statements but 
 for the proofs furnished by the records of Congress. There are now due to the United States 
 some four or five millions of dollars from legacy and succession taxes. Tliese taxes are more 
 easUy collected than any other form of revenue under the Excise laws, for the reason that all 
 bequests are matters of public record, which may be examined by revenue officers or arn/body else. 
 Yet Congress was persuaded to pass an act in 1872, outhorizing the Secretary of the Treasury to 
 bestow upon not more than three of his favored friends, as commissioners for collecting these 
 taxes, such portion of the four or five millions as might seem good in his eyes ; and perhaps, in 
 these days of Credit Mobilier and other gigantic swindles, we should put it down to the credit of 
 the Secretary that he has decided not to give away more than a million and a half of this sum. 
 
 Tho same statements show that Assistant-Assessor Coughlin, of this city, has been heretofore 
 assessing these taxes at an expense to the government of less than one -per cent, upon the amount 
 which he assessed and caused to be collected. 
 
 This swindle was smuggled into an appropriation bill ; but if Congress happens to be in an 
 economic mood, there i» yet lime and opportunity to repeal or modify the act through any one of 
 the several appropriation bills which still await final action. 
 
 1 
 
TUE BACK-l'AY GKAJi A2sD SALAKY STEAL. 131 
 
 THE BACK-PAY GRAB & SALARY STEAL. 
 
 The part which Gen. Garfield played in the back-pay grab and salary steal, was 
 not at the time properly understood by the country. His connection with this 
 record was marked by duplicity and secret connivance, and in the end by open 
 advocacy of the infamous law, which excited universal detestation, and left all 
 connected with it branded with lasting disgrace. 
 
 But for him the opportunity by which Gen. Butler succeeded, after a first de- 
 feat, in getting an amendment attached to the Legislative, Executive and Judicial 
 Appropriation Bill, would never have offered. AVith that entering wedge, the rest 
 was made easy; without it, the task was hopeless. 
 
 It is necessary^ in order to comprehend the course of Congressional proceedings, 
 and Gen. Garfield's connection with the legislation of the Forty-second Congress, 
 by which the back-pay and salary steaf was made possible, to take a brief retro- 
 spect. The. salary of the President of the United States had already been appro- 
 priated to the 30th of June, 1873. The legislation which Gen. Garfield so sig- 
 nally assisted, doubled the pay of the President, and extended it back to the 
 fourth of March, in utter disregard of the fiscal year. On the 7th of February, 
 1873, Gen. Butler reported a bill from the Judiciary Committee to double the pay 
 of the President and increase the salaries of the Vice President, Cabinet, Justices 
 of the Supreme Court, and Congress. 
 
 The project had long been canvassed, and it only waited a favorable chance to 
 be tested. Some of the most anxious advocates were the most timid about an 
 open support of a proposition which, in 1816, had consigned a former Congress 
 to an ignominious political grave. The avarice of others was stronger than their 
 apprehensions. 
 
 THE FIRST EXPERIMENT. 
 
 On the 10th of February, 1873, the first experiment was tried upon the House 
 and public opinion, when Gen. Butler moved to suspend the rules, so as to attach 
 his Salary Bill as an amendment to the Miscellaneous Appropriation Bill then pend- 
 ing. That motion required two-thirds, but it was beaten by a majority of thirty- 
 nine, which included some of the strongest friends of the plunder, who voted for 
 effect. The first fire was thus drawn, and Butler knew exactly where to plant 
 his batteries. 
 
 The knowing ones were not at all disheartened. They knew their real strength, 
 how much aid would be needed at a pinch, and who could furnish it without un- 
 necessary sacrifices. After that preliminary skirmish there was a suspension of 
 operations for a fortnight. In the meantime bargains were made and plans per- 
 fected. That there was concert and secret understanding betweea Butler and 
 Garfield was publicly charged at the time, and has been believed ever since. 
 
 The Legislative, Executive and Judicial Appropriation Bill came back from the 
 
133 THE BACK- PAT GKAB AND SALARY STEAL. 
 
 Senate on the 24th of February, loaded down with nearly a hundred amendments. 
 The natural course was to have them printed and allow members a chance to 
 examine the items before calling up the bill. Gen. Garfield, however, adopted 
 another policy, and doubtless with sufficient private reasons that he did not 
 divulge. The Ghhe helps to lift the veil. After ten o'clock at night, and sud- 
 denly. Gen. Garfield appeared and said : 
 
 GARFIELD OPENING THE DOOR. 
 Mr. Garfield : I rise to call up the Legislative Appropriation Bill. 
 
 This motion was followed by others from various quarters with bills of a pub- 
 lic nature, claiming early attention. In the midst of much confusion — 
 
 Mr. Randall : I demand the regular order of business. I insist the gentleman from Ohio (Mr. 
 Garfield) shall go on with the Appropriation Bill or yield the fioor unconditionally 
 
 The Speaker: What has been going on has been going on by the svfferance of the gentleman from 
 Ohio. What has been going on has been permissive. The Chair will advise the House it is his duty 
 to recognize the Appropriation Bills before any and all other business whatever, except privileged 
 questions. 
 
 Mr. Garfield yielded to Mr. Wilson to report a bill, and then said: 
 
 Mr. Garfield, of Ohio: The bill now has the precedence of other business, and I hope the House 
 wDl adjourn. 
 
 Many members: No, no. 
 
 Mr. Garfield, of Ohio: Then I move that the House resolve itself into committee of the whole on 
 the State of the Union for the consideration of the amendments of the Senate to the Legislative, 
 Executive and Judicial Appropriation Bill. 
 
 Mr. Holman: I suggest that the amendment be considered in the House. 
 
 Objection was made. 
 
 The Speaker: If objection is made, the motion of the gentleman from Indiana (Mr. Ilolman) 
 can only be passed under a suspension of the rules. 
 
 Mr. Hoiman : Then I move that the rules be suspended, so as to allow the bill and amendments 
 to be considered in the House as in Committee of the Whole. 
 
 The question being put on Mr. Holman's motion, it was not agreed to, two-thirds ^ot voting 
 therefor. 
 
 Mr. Hawley, of Cojinecticnt: ITwpeit will be knowmchat all this means. 
 
 Mr. Shanks: We know what it means as well as the gentleman from Connecticut does. 
 
 Suspicion was awakened by this sharp turn in the proceedings, and the back- 
 pay grabbers were quick to rebuke Gen. Hawley for suggesting it. 
 
 General Garfield now took the lead of the House by right of his position, and 
 controlled it to suit the scheme which he clandestinely favored. Pie could ad- 
 vocate adjournments ostensibly, and yet by passive connivance allow them to be 
 voted down, so as to prepare the way for Butler, who was waiting for his pre- 
 concerted chance. Then followed; 
 
 Mr, Garfield: Pending the motion that the House resolve itself into Committee of the Whole, I 
 move that all general debate be limited to five minutes. 
 
 Mr. Randall: 1 renew i he motion that the House do now adjourn. 
 
 The motion that the House adjourn was not agreed to. 
 
 The question recurred on the motion that all general debates be limited to five minutes, and it 
 was agreed to. 
 
 Mr. Garfield, of Ohio: I now ask for a vote on the motion that the rules be suspended and that 
 the House resolve itself into Committee of the Whole on the special order. 
 
 The question being put on the motion of Mr. Garfield, of Ohio, that the rules be suspended and 
 the House resolve itself into Committee of the Whole on the Senate amendments to the Legislative, 
 Executive and Judicial Appropriation Bill, it was agreed to— years, 86; nays, 49. 
 
 The House then resolved itself into Committee of the Whole on the State of the Union. (Mr. 
 Dawes in the chair), and proceeded to the consideration of the amendment of the Senate to the 
 bill (H. R. No. 2,991) making appropriations for the legislative, &c., expenses of the government 
 for the year ending June 30, 1874, and for other purposes. 
 
 Having thus opened the door late at night, General Garfield affected alarm 
 
 least burglars might enter, and wanted to close it again. But there were keen 
 
 eyes that were not taken in, and saw that he meant to admit confederates who 
 
 had their bags ready to carry off the silver and spoons. So he rose again : 
 
 TRYING TO DECEIVE THE PEOPLE. 
 
 Mr. Garfield: Mr. Chairman, it is my desire to get this bill placed in a position where it will have 
 precedence, and then I hope we may adjourn. Several gentlemen asked me if this bill was likely 
 to come up to-night, as they desired to be present during its consideration, and I told them that it 
 wflfl not) lilfclv 
 
 Mr. Eldredge: Why, then, did the gentleman insist on going into Committee of the Whole on 
 
THE BACK-PAY GRAB AND SALARY STEAL. 133 
 
 the State of the Union ? After he had made that pledge we tried to adjourn, but the gentleman 
 insisted on going into Committee of the Whole on the State of the Union. 
 
 Mr. Garfield: The House insisted on going into Committee of the Whole on the State of the 
 Union. 
 
 Mr. Eldredge: The House did not ; it was the gentleman himself who insisted on it. 
 
 Mr. Garfield: On the contrary, I voted to adjourn every time. If gentlemen will send for a 
 printed slip which accompanies this bill, they will see all the amendments. There are several bat- 
 tle fields in this bill, and I wish to indicate them to gentlemen, so that they may understand the 
 matter. First, Ac, ********* 
 
 After having pledged himself not to call up this bill, according to his own con- 
 fession, and thus kept away members who were known to be hostile to the grab, 
 he sprung it on the House, and compelled the majority to go into Committee of 
 the Whole on the State of the Union. And when charged with this treachery he 
 said he had " voted to adjourn every time." So he did : but he rowed one way 
 and looked another. 
 
 At last the motive of all the trick management was made manifest, when the 
 leader came to the front, after having been bottled up until the night had well 
 advanced. 
 
 Mr. Butler, of Massachusetts: I move to amend the amendment reported from the Committee 
 of the Whole, to be submitted for it what I send to the clerk's desk to be read. 
 
 The clerk read as follows : 
 
 [Here follows the salary-grab amendment.] 
 
 Mr. Hawley, of Connecticut: I raise the point of order on the amendment of the gentleman 
 from Massachusetts (Mr. Butler), that it is not germain to the amendment reported from the Com- 
 mittee on Appropriations. 
 
 Mr. Holman : I raise the point of order that it is new legislation. 
 
 The Chairman: One point of order only can be entertained at a time. 
 
 The Chair [Mr. Dawes, who was in the plot] overrules the point of order of the gentleman 
 from Connecticut (Hawley) that this amendment is not germain. 
 
 The Chair will now hear the point of order of the gentleman from Indiana. 
 
 Mr. Holman: I raise the point of order that all points of order raised against any proposition 
 must be admitted at the same time. The gentleman from Connecticut raised the point of order 
 that this amendment was not germain. 
 
 The Chairman: And the Chair overruled that point of order. 
 
 Mr. Holman: Then I raise the point of order that each one of the salaries enumerated in 
 this proposed amendment is fixed by law, and the effect of this amendment is to change existing 
 law. 
 
 The Chairman: The Chair rules that so much of this amendment aa provides for an increase of 
 salaries is in order. 
 Mr. Butler, of Massachusetts: And that is all there is of the amendment. 
 Mr. Holman: Does the Chair overrule my point of order ? 
 
 The Chairman: The Chair rules that so much of this amendment as increases salaries is in 
 crder. 
 
 [An appeal was taken, and, after some debate, the decision of the Chair was, of course, sus- 
 tained by the conspirators.] 
 
 Mr. Donnan: I raise the point of order that this amendment, in substance, if not verbatim, has 
 ■once before during this session been negatived by the House, and that therefore it is not now in 
 order to tack it on to an appropriation bill. 
 
 Mr. Dawes overruled the point of order made by Mr. Holman, although the 
 House had sustained it by a decided vote on the 7th of February, when Butler 
 moved to suspend the rules that he might attach this identical amendment to the 
 miscellaneous bill. If the sense of the House had been squarely tested, two- 
 thirds would have been necessary to get in the amendment. So Mr. Dawes was 
 put in the chair to defeat all objectionable points. Then Butler delivered his 
 prepared speech. After that Gen. Garfield had more regrets to utter for his own 
 work : 
 
 Mr. Garfield: I regret, Mr. Chairman, this subject comes before the House at such an hour of the 
 night as this. We ought to have fuller discussion than possible on this occasion. 
 
 A leading Republican, who had witnessed the whole scene, stood forward to 
 denounce this hypocrisy on the spot : 
 
 GENERAL GARFIELD DENOUNCED. 
 
 Mr. E. H. Roberts: Is not this matter before the House by his action at this hour ? 
 
 Mr. Garfield: I will answer the gentleman. I have myself, as the House will remember, been in 
 favor of the motion to adjourn [very much] ; but when the House does not adjourn I am bound to 
 go on with the business with which I am charged. 
 
 Mr. E. H. Roberts: I should like to ask him if this bill could have come up to-night except on 
 the motion of the gentleman from Ohio. * * j ^yish to ask another question. It is clear a 
 
134 THE BACK-PAT GEAB AND SALARY STEAL. 
 
 majority here to-night are ready to vote for the proposition to increase salaries. The thing which 
 the minority asks is that this vote shall be taken in daylight, under the eyes of the country. 
 
 Mr. Garfield: I desire that what has been said shall not be taken out of my time. If any gentle- 
 man in this House desires to Intimate that I have done or may do any other than my duty in calling 
 the attention of the House to the public business, I am here to answer him. 
 
 Mr. E. H. Roberts: If any gentleman assumes to put the threat on me, I am here to answer him, 
 I do intimate that it is unusual to bring a bill including such a proposition and a vote at such an 
 hour, 
 
 Mr. Garfield: I insist on the floor, and say this: I gave notice this afternoon to the House that I 
 desired an evening session for the sake of bringing the Naval Appropriation and the Legislative 
 Appropriation Bills before the House after the one hour which was devoted to the bill of the gentle- 
 man from Massachusetts (Mr. Banks), Chairman of the Committee on Foreign Affairs. Gentlemen 
 came here with the understanding that both these bills were in order. [He had before stated that 
 he told members this bill was not likely to come up, and sent them away.] And, sir, if any gentle- 
 man has any responsibilities anywhere relating to any of these bills, let him bear his share. I bear 
 mine. I rose, however, to say that I not only regret that this proposition has been brought here 
 and now, but I regret that it has been brought at all. 
 
 His regrets were profuse after the mischief was done by his own collusive 
 
 management. There was a long and keen debate, but the whole thing had been 
 
 set up in advance, and the result was foreshadowed, or, as the Olobe puts it : 
 
 The question recurred on the amendment of Mr. Butler, of Massachusetts. 
 The committee divided, and there were: yeas, 93; nays, 71. 
 
 Thus the same amendment which was rejected by 39 majority on the 10th of 
 
 February, was rushed through on a rising vote of 23 the other way on the 24th. 
 
 When it came to tellers, where individuals could be seen and gazetted, it fell off 
 
 to 15. 
 
 Mr. Holman demanded tellers. 
 
 Tellers were ordered, and Mr. Butler, of Massachusetts, and Mr. Garfield, of Ohio, were 
 appointed. 
 
 The committee again divided, and the tellers reported: yeas, 81; nays, 66. 
 
 So the amendment was agreed to. 
 
 Other amendments were proposed and discussed, when 
 
 Mr. Holman: I think that at this late hour we can scarcely proceed to vote with proper delibera- 
 tion upon so grave a question as this, and I move the committee rise. 
 
 The question was put, and on a division there were: yeas, 46; nays, 66. 
 
 So the motion was not agreed to. 
 
 After more discussion- 
 Mr. Sargent— I move that the committee rise. 
 
 The motion was agreed to, there being on division : yeas, 65 ; nays, 55. 
 
 The committee accordingly rose, and on motion of Mr. Randall (at 1 o'clock and 17 minutes A.M.) 
 the House adjourned. (Pp. 1670 to 1678, Conryessional Globe, third session Forty-second Congress, 
 part third.) 
 
 General Garfield gained a victory, but the laurels, like the fruit of the 
 Dead Sea, have since turned to ashes on his lips. There was much indigna- 
 tion the next day, when it came to be known that General Garfield had pressed 
 this Appropriation Bill, after having given assurances that it would not be con- 
 sidered, and thus thinned out the opposition. 
 
 On the 28th of February, just before midnight, the bill was reported to the 
 House from the Committee of the Whole, where the permanent record of votes 
 had to be confronted. It began in this way : 
 
 Mr. Cox: Mr. Speaker, I want to put in my protest, as one member of this House, against 
 increasing my own salary by my own vote. When we were elected to Congress there was an im- 
 plied contract between us and the people that we should serve for so much. 
 
 Mr. Garfield: I must make the point of order that gentlemen must confine themselves to the sub- 
 ject under discussion. 
 
 Mr. Cox: Why did not the gentleman make that point upon some gentlemen on his own side ? 
 
 Mr. Garfield: Well, I give notice that after the gentleman shall have concluded I shall make the 
 point and insist upon it (page l,90;j Globe.) 
 
 After thus obstructing opposition by technical points of order, General Garfield 
 
 allowed the regular business to progress until the appointed time for finishing this 
 
 ■work. A special vote was demanded on the Butler amendment, and it was 
 
 beaten by 52 majority on the yeas and nays. But that vote was not sincere, for 
 
 Butler is recorded against his own proposition. In a few minutes after he 
 
 moved 
 
 To reconsider the vote just taken ; and pending that motion, I move that the House adjourn. 
 The hour is late and the House is very thin. [Laughter.] 
 
THE BACK-PAY GRAB AND SALARY STEAL. 135 
 
 CLIXCHING THE NAIL. 
 
 Nothing was now wanting but to rivet the previous action by refusing to 
 adjourn, and then clinch it by refusing to reconsider. Everybody understood the 
 exact issue presented. The adjournment was tlie test, and it prevailed by 53 
 majority, right in the face of the 32 majority just before recorded in the opposite 
 sense. In this way the door was opened for reconsideration. 
 
 It is true General Garfield voted against the adjournment, just as he puts him- 
 self on the record on other tests, while co-operating with Butler. But he never 
 raised his voice or lifted a finger to prevent the result. He had charge of the bill 
 and control of the majority. A word from him would have ended the grab, then 
 and there, but he did not speak it because he was sustaining what he pretended to 
 oppose. 
 
 The next day Butler's motion to reconsider was first in order, and Mr. Farns- 
 worth promptly moved to lay it on the table and thus finish the struggle. It was 
 defeated by 39 majority. That told the whole story. The reconsideration need- 
 ed no more momentum. The up and down vote fixing the Congressional pay 
 followed, with a bare majority of 3, caused by a desire to save members in close 
 districts, who, though earnest for the grab, would suffer by an affirmative record. 
 But there was always a reserve on hand, which could have been called into action, 
 if absolutely needed. Fifty-one Republicans boldly faced the music. If only 
 two of them had gone over, there would have been no grab. 
 
 GENERAL GARFIELD's BASE COMPLICITY. 
 
 This brief history of the proceedings in the House traces the course of General 
 Garfield from first to last, and fixes the responsibility directly upon him. He 
 abused his trust, and by an act of base complicity made the opportunity to origin- 
 ate this outrage. And when he could have dealt it a fatal blow he sat still 
 and passively gave the plunderers their greatest help. 
 
 The bill with this graft now went to the Senate, and from there to the hands of 
 a committee of conference, which was the objective point from the beginning. 
 The conspirators had got their scheme precisely where they wanted it. The con- 
 ferees on the part of the House, packed by the Speaker, who was in favor of the 
 grab from the start, were Benjamin F. Butler, Gen. James A. Garfield, one avowed 
 and one sneaking grabber. 
 
 On the last day of the session Gen. Garfield reported the result of the confer- 
 ence, doubling the pay of the President and raising the pay of members of Con- 
 gress from $5,000 to $7,500 retro-actively for two years, with a long catalogue of 
 augmented salaries. He made a labored and feeble speech, intended to palliate 
 his unworthy conduct. It was the old story so often repeated, of what the Senate 
 conferees had exacted, and what the House had surrendered. Speaking of the 
 salary, he said . 
 
 GENERAL GARFIELD'S HYPOCRISY. 
 
 The Senate conferees were unanimous in favor of fixing the salary at $7,500, and cutting 
 oflE all allowances except actual individual traveling expenses of a member from his home to 
 Washington and back again once a session, and cutting off all other allowances of every kind. 
 [Observe his effort to show the -sacrifice of "allowances" by repeatkig it twice in a sentence.] 
 That proposition was agreed toby a majority of the conferees on the part of the House. I was 
 opposed to the increase in conference, as I have been opposed to it in the discussion, and in my 
 votes here [we have seen how sincerely] ; hut my associate conferees were in favor of the Senate 
 amendment, and I was compelled to choose between signing the report and running the risk of bring- 
 ing on an extra session. I have signed the report, and I present it as it is, and ask the House to act 
 on it in accordance with their best judgment. 
 
 This scarecrow of an extra session deceived everybody. There was no more 
 danger of one then than there is now. If Gen. Garfield had resisted, even at that 
 late hour, in a manly and decided way, instead of conniving as he did, the House 
 
136 THE BACK-PAY GRAB AND SALARY STEAL. 
 
 "would have instantly receded, and the Senate must have followed suit. He knew 
 that perfectly well when this sham was invented to impose on the public. But 
 if it actually involved an extra session, was it not better to call one and stamp 
 out forever this diso^raceful mode of legislation, and put an end to such plunder, 
 than to protect bo by any acquiescence? The cost would have been cheap for 
 such an example. 
 
 A brief discussion was permitted, from which some passages may be profitably 
 culled : 
 
 Mr. Hibbard: I desire to ask the gentleman ?iow much plunder will be taken frcym the Treasury 
 if this raising of salaries is adopted f 
 
 Mr. Garfield: I am glad the gentleman has asked me that question. The report presented here, 
 taking into account the changes made with reference to the salaries of members and officers of 
 both houses and other increases of salaries in this bill, will, according to the best estimate I have 
 been able to make, involve an annual increase of expenditure of about three quarters of a million 
 dollars. 
 
 Mr. Hibbard: How much for the present Congress ? 
 
 Mr. Garfield: For the j)resent Congress it involves an additional expenditure of <^)out one and a 
 quarter millions. I think the House ought to know all the facts. 
 
 Mr. Dawes: Did the gentleman hear the form in which the gentleman from New Hampshire 
 (Mr. Hibbard) put his question: How much this '■^plunder " would amount tof 
 
 Mr. Garfield: I do not accept the gentleman's statement as to that. It may be an unwise expendi- 
 ture in some respects. But in mx)st cases the increase is proper, and ought to be made. It is not 
 " plunder'" unless gentlemen here consider themselves not deserving of the promised pay. (Page 
 2101 Congressional Globe.) 
 
 GENERAL GARFIELD SHOWS HIS HAND. 
 
 At length Gen. Garfield showed his hand. He contended that " in most cases " 
 in the bill " the increase was proper and ought to he made,'' and declared it was 
 *' Twt plunder, unless gentlemen consider themselves not deserving the promised 
 pay." Not content with this expression, he continued: 
 
 Mr. Garfield: I have nothing further to say, except that I wish the House to weigh well the dan- 
 ger of refusing to concur in this report. The conferees have spent ten full hours of hard work in 
 preparing it for the consideration of the House; andi I ask gentleman to consider the res]X)nsibility 
 thrown upon them in acting umn this question. I call for a vote. 
 
 The Speaker: The hour allotted to the gentleman from Ohio to close debate has expired. 
 
 Mr. Holman: I rise to a parliamentary inquiry, there being but one subject, the salary alone, in 
 reference to which there is a division of opinion. If the House refuse to sustain this point, will it 
 not be in order to recommit to the same committee ? 
 
 The Speaker: It would be, or to order a new conference. 
 
 Mr. Holman: We have twenty hours left in which that can be done. 
 
 Mr. Holman demanded the yeas and nays. The yeas and nays were ordered. 
 
 The Speaker: The Chair has decided he would not entertain a motion to lay upon the table a 
 conference report. He is aware this ruling is somewkat different from that made by previous occu- 
 pants of the chair. He has, however, uniiFormly decided a conference report could not be laid on 
 the table, because it would carry the bill with it. If the House rejects the report, that leaves the 
 Appropriation Bill for another conference committee. To lay the report of the Committee of Con- 
 ference on the table would carry the bill with it, and therefore the Chair has never entertained any 
 such motion. That is the reason of his decision. 
 
 Mr. Donnan: I ask that the rule be read which prohibits members from voting on a question in 
 which they are interested. 
 
 The Speaker: That has no application here whatever. 
 
 The question was taken, and it was decided in the affirmative— yeas 102, nays 96, not voting 42. 
 
 So the report of the Committee of Conference was adopted. 
 
 After all his dodging, trimming, equivocation, double dealing and trickery. 
 Gen* Garfield finally voted squarely for the back-pay grab and salary steal in its 
 worst form. And that, too, when a change of only three would have prevented 
 the passage of this job. 
 
 THE AMOUNT STOLEN. 
 
 In addition to the two millions which Congress thus voted to themselves, there 
 were a host of officials who shared in this sweeping spoliation, as may be seen 
 by the following list, making a comparison between the new and old pay. 
 
THE BACK-PAY GRAB AND SALARY STEAL. 
 
 137 
 
 STATEMENT SHOWING THE SALARIES OP CERTAIN OFFICERS BY THE ACT OF 
 MARCH 3, 1873, AND THE FORMER PAY OF THE SAME, EXCLUSIVE OP THE 
 VICE-PRESIDENT, SPEAKER, AND THE TWO HOUSES OP CONGRESS. 
 
 New 
 
 Presiident, per annum, exclusive 
 of perquisites 
 
 Vice-President 
 
 Speaker of the House 
 
 Chief Justice 
 
 Eight Associate Justices, each . . 
 
 Secretary of State 
 
 Secretary of the Treasury 
 
 Secretary of War 
 
 Secretary of the Navj^ 
 
 Secretary of the Interior 
 
 Attorney-General 
 
 Postmaster-General 
 
 First Assistant Secretary of State 
 
 Second Assistant Secretary of 
 State 
 
 First Assistant Secretary of the 
 Treasury 
 
 Second Assistant Secretary of the 
 Treasury 
 
 AssistahtSecretary of thelnterior 
 
 First Assistant Postmaster-Gen- 
 eral 
 
 Second Assistant Postmaster- 
 General 
 
 Third Assistant Postmaster-Gen- 
 eral 
 
 Supervising Architect of Treasury 
 
 Examiner of Claims StateDepart- 
 ment 
 
 Solicitor of the Treasury 
 
 Commissioner of Agriculture . . . 
 
 Commissioner of Customs 
 
 First Auditor of the Treasury. . . 
 
 Second Auditor of the Treasury. 
 
 Third Auditor of the Treasury. . 
 
 Fourth Auditor of the Treasury, 
 
 Fifth Auditor of the Treasury . . 
 
 Auditor for Post Office Depart- 
 ment 
 
 Commissioner of Land Office. . . 
 
 2)ay. Old pay. I 
 
 $50,000 $25,000 ! 
 
 10,000 
 
 8,000 
 
 10,000 
 
 8,000 
 
 10,500* 
 
 8.500 
 
 10,000* 
 
 8,000 
 
 10,000 
 
 8,000 
 
 10,000 
 
 8,000 
 
 10,000 
 
 8,000 
 
 10,000 
 
 8,000 
 
 10,000 
 
 8,000 
 
 10,000 
 
 8,000 
 
 10,000 
 
 8,000 
 
 6,000 
 
 3,500 
 
 6,000 
 
 3,500 
 
 6,000 
 
 3,500 
 
 6,000 
 
 3,500 
 
 6,000 
 
 3,500 
 
 4,000 
 
 3,500 
 
 4,000 
 
 3,500 
 
 4,000 
 
 3,500 
 
 5,000 
 
 4,000 
 
 4,000 
 
 3,500 
 
 4,000 
 
 3,500 
 
 4,000 
 
 3,000 
 
 4,000 
 
 3,000 
 
 4,000 
 
 3,000 
 
 4,000 
 
 3,000 
 
 4,000 
 
 3,000 
 
 4,000 
 
 3,000 
 
 4,000 
 
 3,000 
 
 4,000 
 
 3,000 
 
 4,000 
 
 3,000 
 
 New 
 
 Commissioner of Pensions 
 
 Superintendent Money - Order 
 System 
 
 Superintendent Foreign Mails . . 
 
 Chief First Diplomatic Bureau, 
 State Department 
 
 Chief Second Diplomatic Bureau, 
 State Department 
 
 Chief First Consular Bureau 
 
 (!hief Second Consular Bureau.. 
 
 Chief First Bureau Indexes and 
 Archives 
 
 Chief Second Bureau Indexes 
 and Archives 
 
 Seeretary of Senate 
 
 Clerk House of Representatives. 
 
 Chief Clerk House of Representa- 
 tives 
 
 Journal Clerk House of flepreseu- 
 t atives 
 
 Doorkeeper House of Represen- 
 tatives 
 
 Assistant Doorkeeper House of 
 Representatives 
 
 Chief Engineer House of Repre- 
 sentatives 
 
 Six clerks House of Representa- 
 tives, each 
 
 One clerk 
 
 Ten clerks, each 
 
 Four clerks, each 
 
 Postmaster Senate 
 
 Assistant Postmaster Senate — 
 
 Two mail carriers, each 
 
 SuperintendentDocumentsRoom 
 Senate 
 
 First Assistant Superintendent 
 Documents Room Senate 
 
 SecondAssistant Superintendent 
 Documents Room Senate 
 
 pay. Old pay. 
 $4,000 P,000- 
 
 4,000 
 4,000 
 
 3,000 
 3,000 
 
 2,400 
 
 1,800 
 
 2,400 
 2,400 
 2,400 
 
 1,800 
 1,600 
 1,600 
 
 2,400 
 
 1,600 
 
 2,400 
 5,000 
 5,000 
 
 1,600 
 4,320 
 4,320' 
 
 3,600 
 
 3,000 
 
 3,600 
 
 3,000 
 
 3,000 
 
 2,592 
 
 3,000 
 
 2,592 
 
 2,502 
 
 2,160 
 
 3,000 
 3,000 
 2,500 
 2,000 
 2.592 
 2,000 
 1,700 
 
 2,592 
 2,520 
 2,160 
 1,800 
 2.400 
 1,728 
 1,200 
 
 2,500 
 
 2,160 
 
 2,500 
 
 1,440 
 
 1,800 
 
 1,441 
 
 * The pay of the Supreme Court had been revised in 1870. 
 A GENERAL STEAL. 
 
 Five reporters of the House were made permanent officers, with a salary of 
 $4,380 each, exclusive of extras. Even this wanton extravagance did not suffice 
 for the corruptionists. Their hand was in and they made the people's money fly 
 by a proviso giving 15 per cent, in addition to all the employees of Congress 
 whose salaries had been thus raised, and to others who had not the effrontery to 
 demand an increase, and then to date this percentage back two years, as they did 
 for themselves. Here is the profligate proviso to speak for itself : 
 
 And it is hereby provided that the increase of compensation to the officers, clerks, and others in 
 the employ of the Senate and House of Representatives provided for by this act shall begin with 
 the present Congress; and the pay of all tne present employees of the Senate and House of Rep- 
 resentatives, including the employees in the library of Congress, and those under the Commissioner 
 of Public Buildings and Grounds now employed in the Capitol building, and also the House re- 
 porters, whose pay has not been specifically increased by this act, holding their places by appoint- 
 ment under the respective officers thereof, or by the authority of the Committee of Contingent 
 expenses of the Senate, or the Committee of Accounts of the House, be increased fifteen per 
 centum of their present compensation on the amount actually received, and payable to them 
 respectively from the beginning of the present Congress, or from the date of their appointment 
 during the present Congress, and who shall be actually employed at the passage of this act. 
 
 Pressed by popular resentment and the dread of tlie coming elections. Congress 
 
 reluctantly repeated this legislation at the recent session. But in March they 
 
 undid a portion of what they had done in January, and raised many salaries still 
 
 higher than they stood in the bill of abominations. The reporters, for instance, 
 
 are allowed $5,000 a year, when they only average nine months of work on a 
 
 Congress of two years, and have all the rest of the time at their own disposition. 
 
138 THE BACK-PAY GRAB AND SALARY STEAL. 
 
 One of the first acts of the Democrats when they obtained control of the House 
 of Representatives was to reduce the salaries of all the employees of that body to 
 the old standard, cutting off not only the increase by the back-pay grab and 
 salary steal act, but various other addition which the Republican majority had at 
 various time made. 
 
 GENERAL GARFIELD -TOOK THE SWAG BUT WAS AFRAID TO KEEP IT. 
 
 General Garfield promptly drew his back pay, which amounted to $4,548. 
 
 The indignation of the people at this bold steal by their representatives scarce- 
 ly knew bounds. The constituents of the 102 members of Congress who voted 
 for the back-pay grab and salary steal, immediately assembled in their respective 
 Congress Districts and passed resolutions condemning their unfaithful represent- 
 atives. The Republicans of General Garfield's district assembled in convention 
 at Warren, Trumbull County, Ohio, March 26, and adopted a resolution asking 
 him to resign his seat in the House of Representatives, and declaring that by 
 voting for the retroactive salary bill, he had forfeited the confidence of his con- 
 stituents. General Garfield had not the courage to defend his course. He kept 
 the money nearly six weeks, however, after the adjournment of Congress, and 
 then surreptitiously returned it to the treasury. 
 
 He did not do this, however, through the Sergeant-at-Arms of the House of 
 Representatives, but had it deposited to his credit with the Treasurer of the 
 United States. The following letter from the Assistant Secretary of the Treasu- 
 ry, shows how he returned the money : 
 
 Treasury Department, Office of the Secretary, | 
 Washington, June 22, 1880. ) 
 
 H. DusEY, Esq., East Des Moinep, Iowa: 
 
 iSir: In reply to your letter of the 17th inst., asking to be informed on what date the Hon. James 
 A. Garfield paid into the treasury his back pay. and how the treasury books show this transaction, 
 I have to inform you that it appears from the records of this office that the sum of $4,548 was de- 
 posited to the credit of tlie Treasurer of the United States in the name of James A. Garfield, on 
 "account of retroactive increase of salary," on the 22d of April, 1873, and that this amount was 
 covered into the treasury by miscellaneous covering warrant No. 704, second quarter, 1874, and can- 
 not be withdrawn except by act of Congress. 
 
 Very respectfully, 
 
 J. K. UPTON, 
 
 Assistant Secretary. 
 
GENERAL GARFIELD S SERVICE TO THE INDIAN RING. 13^ 
 
 GENERAL GARFIELD'S SERVICE TO THE 
 INDIAN RING. 
 
 General Garfield, while he was Chairman of the Committee on Appropriations^ 
 was one of the most useful and potent friends the Indian Ring had on the floor 
 of the House. Upon every occasion, when his influence should have been in the 
 interest of reform, it was exerted to shield and to enlarge the operations of the 
 Indian Ring. 
 
 No man will now dispute that the management of Indian affairs, during the 
 period of which we speak, was grossly corrupt. It had grown worse year after 
 year, until the evil had become alarming. It was destructive to the remnant of 
 aboriginal tribes, and was a standing reproach to the civilization of the country. 
 
 Philanthropic and Christian men of various denomniations, had advocated the 
 policy of peaceable persuasion rather than military power, as a means of civilizing 
 the Indian. The experiment had been tried on the Cherokees, Chickasaws and 
 other nations, and had been productive of great good. If their praiseworthy 
 efforts had been properly seconded with the least honest disposition, they might 
 have accomplished a great deal towards improving the present condition of the 
 wards of the nation. 
 
 In April, 1869, a Board of Indian Commissioners was created with authority 
 "to exercise joint control with the Secretary of the Interior over the disburse- 
 ment of the appropriations made by this act or any part thereof that the President 
 may direct." President Grant appointed men of unexceptionable character, wha 
 served without pay or reward, and at the start the experiment promised fair, but 
 it began to be discovered before the end of the first fiscal year, that obstacles 
 were thrown in their path, and that the Ring was determined to thwart their good 
 intentions. Accordingly the power of the commissioners was more positively 
 defined by an act approved July 15th, 1870, which declare I the duty of said 
 commissioners 
 
 To supervise all expenditures of money appropriated for the benefit of the Indians in the 
 United States; to inspect all goods purchased for said Indians, in connection with the Commis- 
 sioner of Indian Affairs, whose duty it shall be to consult said commissioners in making purchases 
 of said goods. 
 
 THE COMMISSIONERS CRIPPLED. 
 
 This restraint was damaging to the Ring which dominated the Indian Bureau 
 and owned the Secretary of the Interior. The frauds upon the Indians and the 
 government continued until there was an outcry against the growing jobbery. 
 The commissioners appealed in vain to the President, who referred the com- 
 plaint to the Interior Department which had sanctioned the wrongs. They 
 asked for new legislation, and in May, 1871, obtained it, but with the proviso- 
 that 
 
140 GENERAL GARFIELD'S SERVICE TO THE INDIAN RING. 
 
 The Secretary of the Interior shall have power to sustain, set aside, or modify the action of 
 said board, and cause payments to be made or withheld as he may determine. 
 
 The Secretary exercised this power to set aside and modify freely. The com- 
 missioners made public outcry and aroused a sentiment damaging to the admin- 
 istration of the Interior Department. Nevertheless the Indian Ring succeeded in 
 May, 1873, in getting a proviso added to the Indian Appropriation bill, by which 
 the commissioners w^ere rendered powerless to protect the Indians, or the treas- 
 ury. 
 
 This proviso was as follows • 
 
 That any member of the Board of Indian Commissione rs, is hereby empowered to investigate 
 all contracts, expenditures and accounts, in connection with the Indian service, and shall have ac- 
 cess to all books and papers relating thereto, in any govern ment office, but the examination of 
 vouchers and accounts by the Executive Committee of said Board, shall not be a prerequisite of pay- 
 ment. 
 
 Thus shorn of all real power, the commissioners still struggled to check the 
 corruption that was daily growing worse. Their remonstrances however were 
 unheeded. The whole power of the government appeared to be exerted to break 
 them down. The Indian Bureau withheld all vouchers from the supervision of 
 the Board, and treated the commissioners with contempt. 
 
 THE COMMISSIONERS PROTEST. 
 
 They firmly protested as follows : 
 
 The Executive Committee of the Board respectfully present the following report: From July 
 1, 1872, until March 1, 1873, no accounts were sent to us by the Indian Office, for examination. It 
 having been thought by that office, that the Act of May 29, 1872. relieved them of the necessity of 
 submitting accounts to the board, and relieved the board of the duty to act on them. 
 
 After the meeting of Congress, the discussion upon the Indian Appropriation 
 bill showed, that it was not the opinion of Congress that the board had been re- 
 lieved from the duty of auditing these accounts. Notwithstanding this positive 
 statement by the Indian Commissioners, Mr. Delano, the Secretary of Interior, 
 had the effrontery in a document laid before Congress to say : 
 
 In view of the legislation in that behalf which had been previously enacted, and was still un- 
 repealed, and rhe peculiarity of the language of the act of 1872, 1 deem it best for prudential rea- 
 sons for the time being, to continue the practice of sending all accounts to the board for examina- 
 tion, prior to the final action of the department thereon. 
 
 These statements contradict each other and cannot both be true. The com- 
 missioners had no motive for falsifying ; Mr. Delano had. After this the ac- 
 counts were sent for auditing, and the commissioners rejected, or disapproved, 
 or suspended to the amount of over a half million dollars. Mr. Delano indorsed 
 on the back of them, "Action set aside by the Secretary of Interior." 
 
 These things were not done in a corner. The Indian Commissioners did not 
 hide their light under a bushel. They were in earnest. They made known their 
 difficulties to every member of Congress who would listen to them. They told 
 how they found the department protecting plunderers, and said that they be- 
 lieved the officials were sharing with them. They resigned in a body and Mr. 
 Delano filled their places with subservient tools. He demanded liberal pay 
 for these tools. He made a notorious jobber of the Washington Ring secretary 
 to the new commissioners with a large salary. 
 
 GENERAL GARFIELD's SERVICES TO THE RING. 
 
 Public sentiment, excited by the venal and vicious legislation of back-pay 
 grab and like steals, demanded legislation which would sweep the Indian Ring 
 out of existence. When the Indian Appropriation Bill came up an effort was 
 made to revive the proviso of 1871. On the 10th of May Mr. Beck moved to 
 strike from the bill certain words and to insert the proviso above quoted. In- 
 
GENERAL GARFIELD's SERVICE TO THE INDIAN RING. 141 
 
 stantly Gen. Garfield sprang to his feet and interposed one of the parliamentary 
 
 quibbles with which he was always ready. He said : 
 
 I make a point of order against this amendment. It is plainly a change of existing law 
 in reference to the mode of keeping accounts and administering business in the Interior Depart- 
 ment. 
 
 What Gen. Garfield called the " existing law" was the proviso of 1872, which, 
 had been added to the appropriation bill of that year for the express purpose of 
 negativing the authority of these commissioners. Mr. Beck promptly answered. 
 He said : 
 
 I do not think the point is well taken. My amendment simply embodies the law as passed in- 
 1871. It was attempted to be invalidated in 1872 by the proviso in these words : " but the ex- 
 amination of vouchers and accounts by the Executive Committee of said board stall not be a pre- 
 requisit of payment." 
 
 Mr. Garfield : Certainly ; but that is the whole point. The proposition of the gentleman from 
 Kentucky (Mr. Beck) amounts to this : Under the existing law the Secretary of the Interior has the 
 power to go on and settle accounts, and the proviso of the gentleman puts the power of settling these- 
 accounts mto the hands of an outside board, without regard to the Secretary of the Interior. It 
 provides that no payment shall be made until this outside board shall have audited and passed the 
 accounts. It is a plan to unhinge all our present methods of settling Indian accounts. 
 
 Mr. Beck : I want to call the attention of the House and the country to what I expected would 
 follow— what two years ago I insisted would follow. Indeed, what I showed then was the in- 
 tention of striking out this provision requiring the Indian Commissioners to revise these accounts 
 of Indian agents. It was done then, and the effect has been to enable the retainers, agents, pet 
 contractors and other hangers-on of the Indian Bureau to rob the treasury of the United States. 
 
 The favored contractors have been awarded contracts at nearly double what they were made at 
 ■when advertised to the lowest bidder, and the frauds of the Indian Ring are all perpetrated in 
 consequence of the determination to overthrow a supervision and render impossible an investigation 
 by this Board of Indian Commissioners. They have appealed to Congress ; they have appealed to 
 the President to have this power ; they, have appealed to tlie Secretary of the Interior ; and now 
 a point of order is raised and sustained, and the Republican side of the House refuses to suspend 
 the rules and refuse to give these commissioners any power to save the money of the people. 
 
 GENERAL GARFIELD MAKES FACES AT THE COMMISSIONERS. 
 
 Mr. Garfield : The proposition of the gentleman from Kentucky (Mr. Beck), which he thinks I 
 have done very wrong in objecting to on a point of order, is this: that the head, not of the 
 bureau alone, but of a great executive department of this government, shall be deposed officially, 
 and a body of outside people without salary, without bonds, without any sort of pecuniary or legal 
 pledge resting upon them to hold them responsible to the government, shall have the vouchers and 
 accounts of one |Of the departments of the government sent following after them wherever they 
 may happen to be— at their several homes, at the watering places, traveling on the cars or any- 
 where else ; and that these gentlemen at their leisure may look over these vouchers and accounts 
 and write "approved "or "disapproved," but that no person shall be paid for any services rendered 
 in connection with the Indian Department until these fine outside gentlemen shall have approved 
 of the accounts. 
 
 Gen. Garfield denounced as "outside people" and an " outside board " the 
 Peace Commissioners created by Congress and appointed by the President, 
 empowered by law to exercise joint control with the Secretary of the Interior 
 over the disbursement of appropriations, and who had wisely and honestly exer- 
 cised that power until the Indian Ring, with the aid of the Secretary of the 
 Interior, had crippled it in 1872. 
 
 This was Gen. Garfield's mode of treating a dignified body of the most 
 respectable, conscientious and enlightened men, who had very self-sacrificingly 
 devoted their time to a cause which they believed to be good. 
 
 He was not allowed to go unrebuked. Mr. Beck demonstrated that Secretary 
 Delano had lived under the act of 1871 for a whole year, and that he then got it 
 clandestinely repealed by the proviso of 1872. 
 
 Mr. Beck continued : 
 
 MR. beck's SCATHING REVIEW. 
 
 Mr. Beck: The act that I now seek to restore was passed in May, 1871 ; it was passed to prevent 
 a flagrant evil, which former laws had left untouched, because at that time there was no way of 
 stopping payments upon vouchers of Indian agents that came to the bureau. The holders of these 
 vouchers were paid whenever they asked, so they appeared regular on their face. Proof was made 
 before a committee, of which I was a member, that a large number of the greatest frauds were per- 
 petrated under that system. At some of the agencies wnere cattle were"to be delivered, say 200 or 
 300 would be delivered, and then they would stampede them and collect them and re-deliver them. 
 
142 
 
 We were told of one case where eight or nine hundred head had to be delivered, and as soon as 
 they delivered one lot they would be driven back to the rear of the line, and so counted over again, 
 ancf vouchers given for them, although twice counted and known to be so. One agent in Montana, 
 as the gentleman from Montana (Mr. Maginnis) knows, was dismissed because he refused to give a 
 fradulent voucher for about $t7,000 when the true voucher was only $7,000. It was to guard against 
 these frauds that we passed that law. which the gentleman from Ohio did not then dare to oppose. 
 * * * * In 1872, in an evil hour, this House consented to striking out that au- 
 
 thority of the Peace Commissioners to revise these vouchers and accounts, and from that time to 
 this fraud and corruption have permeated the Indian Department in the payment of accounts 
 and vouchers and in contracts. The commissioners have certified to that, and it is sought to be 
 perpetuated by gentlemen on the other side of the House by refusing even to let an amendment in 
 the interest of honesty and fair dealing to be considered. 
 
 That is what I have said ; and the facts I have presented are not met and cannot be met, for they 
 are true. If your agents are going to be honest in their disbursements, what harm can it do to allow 
 men appointed under an act of Congress and chosen by the President to look at the vouchers of the 
 agents and advise the Secretary whether they are just or unjust. 
 
 If you allow them to make purchases, if you allow them to control contracts, why should you 
 not allow them to examine the vouchers of the Indian agents? That is the point where the Secre- 
 tary of the Interior can get no information except from these commissioners, who have their agents 
 everywhere, whose duty it is to know what the Indians get, and who can tell whether the vouchers 
 are just or not. You have stricken out this right so that no man can be able to detect frauds, and 
 lefuse even to allow us the right to try and restore it. {Cong. Record, May 10, 1874.) 
 
 GENERAL GARFIELD DECEIVES THE HOUSE. 
 
 These appeals had no effect. General Garfield , Chairman of the Appropriations, 
 and Mr. Averill, Chairman of Indian Affairs (just rejected by his constituents), 
 had a good understanding with each other. They represented the Ring, and car- 
 ried it over all opposition. The new members, composing more than one-half the 
 House, and not yet enlightened as to these sharp practices, naturally enough fol- 
 lowed their political leader, and accepted the assurances of Mr. Garfield as true. 
 
 While the Indians are annually decreasing fast in numbers, the cost of main- 
 taining them increases in a corresponding ratio. The very policy which was 
 adopted as a means of peace and economy has been converted into an engine of 
 strife and plunder, until the expenses have more than doubled since it was inaugu- 
 rated. This is not the fault of the policy, but of faithless and venal men who 
 iiave abused it for their own advantage and that of thieving confederates. 
 
ENCOURAGING AND DEFENDING PETIT LARCENY. 143 
 
 ENCOURAGING AND DEFENDING PETIT 
 
 LARCENY. 
 
 Gen. Garfield, while Chairman of the Committee on Appropriations, not 
 only favored every petty steal, but enlarged the opportunities of the thieves in 
 all the executive departments. Everybody will remember with what disgust 
 the people six years ago received the intelligence from Washington, that Attorney- 
 General Williams had directed the disbursing officer of the Department of Justice, 
 to buy and pay for out of the contingent fund, a sixteen hundred dollar landaulet, 
 in which his wife was daily seen disporting herself on the streets. In the good 
 old times, a cabinet officer found riding in a carriage paid for by the govern- 
 ment would have been driven by the people's scorn from the country. Almost 
 a half century ago, Mr. Ogle, of Pennsylvania, made Matrin Van Buren, the 
 President of the United States, an object of ridicule everywhere, by falsely de- 
 <jlaring in the House of Representatives that he daily used gold spoons in the 
 White House. 
 
 But the times change, and men change with them. 
 
 For many years past, until the Democrats obtained control of the House, 
 not only every head of a department, but almost every head of a bureau, had a 
 carriage and span of horses paid for by the government, and kept at government 
 expense, for his private convenience. At the time of which we speak there were 
 forty horses in use at the Treasury Department alone. Thirty of them were for 
 the use of the department employees. 
 
 Gen. Garfield, as Chairman of the Committee on Appropriations, reported in 
 the Legislative, Executive, and Judicial Appropriation Bill for the fiscal year 
 1874, a clause to continue and legalize this robbery. {See Cong. Bee. No. 110, 
 April 2^, 1874.) For the first time in the history of the government a specific ap- 
 propriation was recommended and carried, for carriages, horses, and repairs for 
 the Department of Justice : 
 
 Mr. Garfield : It has been found necessary to move to amend the paragraph just read by insert- 
 ing before the words " five copyists " the words " one clerk, who shall be telegraphic oi)erator, 
 $1,000." 
 
 The amendment was agreed to. 
 
 The Clerk read the following : 
 
 For contingent expenses of the department, namely : For furniture and repairs, $1,500 ; for 
 -care of and subsistence of horses, $1,400 ; repairs to carriages and harness, $600 ; for law and mis- 
 cellaneous books for the library of the department, $3,000 ; for the same for the office of the Solici- 
 tor of the Treasury, $1,000 ; for stationery, $8,500 ; for miscellaneous expenditure, such as tele- 
 graphing, fuel, lights, and other necessaries, $6,000 ; in all, $16,000. 
 
 Mr. Nesmith : I move to amend the paragraph just read by striking out the words " for care of 
 and subsistence of horses, $1,400 ; repairs to carriages and harness, $600." I believe that this esti- 
 mate is an innovation. I believe there has been no definite estimate of that kind offered hereto- 
 fore for this department. I do not perceive the necessity of an appropriation of $2,000 for the pur- 
 pose of transporting anything connected with the Department of Justice about this city. If this 
 item of $2,000 is stricken out" I fancy it will be that much saved to the people who pay the taxes. 
 I observe that in other portions of this bill, which were passed when I was not present, there is 
 appropriated for the Postmaster-General for a similar purpose $1,200, and for the Secretary of the 
 
144 ENCOURAGTXG AND DEFEXDIXG PETIT LARCENY. 
 
 Interior the same sum. Now, if it is proper and necessary to make such appropriations for the 
 heads of the departments, there should at least be equality amon^ them. I do not understand why 
 the Attorney-General should have $800 more appropriated for the use of private horses and car- 
 riages than is appropriated for the other members of the cabinet. 
 
 I do not know if my amendment is adopted that it will be a saving to thr* treasury. I see that 
 heretofore, when no appropriation of that kind was made, the contingent fund has heen used for 
 a similar purpose. I hold in my hand copies of vouchers for moneys paid out of that fund. They 
 are.as follows : 
 
 A $1,600 CARRIAGE. 
 
 Washington, Jan. 27, 1872» 
 United States Department of Justice, to Andrew J. Joyce & Co., Dr. 
 
 To one landaulet, No. 94, $1,600. Received payment. Andrew J. Joyce & Co, 
 
 Baltimore, July 29, 1871. 
 
 United States Department of Justice, bought of Coblens & Kaufman, one pair of bay horses, 
 $750. Received payment. Koblens & Kaufman. 
 
 Washington, July, 1872. 
 United States Department of Justice, to Andrew J. Joyce & Co., Dr. 
 
 One pair stitched pole straps and gold slip buckle, $8 ; new silk lining in landaulet, $3.5.75 ; 
 painting and varnishing landaulet, $42,50 : various other items same nature, $124.88. Total, 
 $211.13. 
 
 Then in November last there was another bill for repairs of landaulet, and again in Deceiiiber, 
 making in all over $800. The landaulet seems to have been repaired from June, 1872, to December 
 last, to the amount of about $1,100. It must have been that it was not a good landaulet when it 
 was purchased, though costing $1,600, to require that amount of repairs. 
 
 Now I appeal to the Chairman of the Committee on Appropriations, who is supposed to be la- 
 boring here in the interest of economy, and who the other day struck out the enacting clause in a 
 bill wnich provided for a small appropriation to remunerate widows and orphans who have been 
 made such by lack of protection on the part of the government, which permitted the Indians to 
 massacre their natural protectors, The occupant of the office, the Attorney-General, has the 
 honor to be a constituent of mine ; and I desire to see all my constituents treated equally well. I 
 do not believe in giving $2,000 for private purposes to a man who is already drawing a salary of 
 $8,000, while you refuse to compensate widows and orphans for property destroyed by the Indians 
 through your own neglect. 
 
 I do not believe that it is under any circumstances legitimate to appropriate money to the heads 
 of these departments for the purpose of transporting them about this city. Why not make a sim- 
 ilar allowance to members of Congress ? Why not make an appropriation of the same kind for the 
 benefit of the Judges of the Supreme Court ? Why not make the system equal and uniform every- 
 where? This constituent of mine is the only one who indulges in this gorgeous oriental splendor 
 of riding in a sixteen hundred dollar landaulet. Why, sir, lawyers of my state of his calibre ride 
 upon the outside of a fifty dollar mule, and think they are doing well at that. But, sir, there is a 
 Spanish proverb, I believe, " Put a beggar on horseback and he will ride to the devil." Now, I 
 have no objection 
 
 Mr. Negley : I object to the remarks of the gentlemen in reference to a cabinet minister. 
 
 Mr. Nesmith: Well, sir, without making any direct reference to anybody, I say it is a Spanish 
 proverb, " Put a begger on horseback and he will ride to the devil." I have no objection to the 
 termination of this journey in that direction, but I do not want the people to pay for the trans- 
 portation. 
 
 Mr. Durham: I desire to ask the Chairman of the Committee on Appropriations one question in 
 regard to this item I have been appoinied a member of a sub-committee to investigate the con- 
 tingent expenses of the Department of Justice since its establishment in June, 1870 ; and I expect 
 in two or three days to make a report upon the extravagance growing out of the contingent fund 
 
 this department; but for the present, regarding it as inappropriate to make any statement as to 
 what will be the substance of that report, I desire to ask the Chairman of the Committee on 
 Appropriations how many horses are provided for in this appropriation " for care of and subsis- 
 tence of horses?" 
 
 ALL THE HONORS YOU WANT. 
 
 Mr, Garfield: We limit it only by the amount appropriated ; we have nothing to do with the 
 number. 
 
 Mr. Durham: That is not answering my question. How many horses are provided for in this 
 item ? 
 
 Mr. Garfield: I answer the gentleman, that we pay nothing about the number. There will be, I 
 presume, so many as can be provided for (including the carriage) with this amount of money. 
 
 Mr. Durham: Then I put this further question to the gentleman : Whether it v/ill take $1,200 to 
 keep one horse or two horses or three horses; and I renew the question, how many horses are 
 provided for in this item f 
 
 Mr. Garfield: The gentleman can get all the echoes he may desire in answer to his question as 
 to the number. I do not know the number, and do not undertake to state it. 
 
 Mr. Durham: The gentleman is not answering with fairness and candor. 
 
 Mr. Garfield: I have not the information upon which to answer, and therefore I do not undertake 
 to do so. 
 
 Mr. Durham: Then I still put to my distinguished friend the question, whether he has the items 
 to show how many horses there are in use by that department. 
 
 Mr. Garfield: If the gentleman has made a careful investigation as one of a sub-committee, and 
 has his report inchoate and almost ready to launch, he certainly ought to be able to answer that 
 question better than I can. 
 
 Mr. Durham: I can answer so far as the past is concerned; but in this bill we are providing for 
 the future. I will answer that there have been three horses in use by that department in the past. 
 Now, how many are there to be used in the future, for the year ending June 30, 1875 ? 
 
 Mr. Garfield: The number of horses to be used in the future is something I suppose that would 
 require a prophet to prodict; but if the gentleman 
 
ENCOURAGING AND DEFENDING PETIT LARCENY. 145 
 
 Mr. Durham: The gentleman understands my question. How many have the committee pro- 
 vided for in this bill ? 
 
 Mr. Garfield: Well, I am utterly incapable of furnishing brains for the understanding of a 
 statement, in addition to making it. 
 
 Mr. Durham: If I have not got the brains to answer, I have the candor and honesty to answer; 
 I will say that much. If my distinguished friend, who stands at the head of this Appropriation 
 Committee, and who ought to know the purpose of this appropriation of $1,200 for taking care and 
 for the keep of horses, will not have the fairness or the candor to answer on the floor of this House, 
 then I leave it to the House to judge between him and myself. 
 
 Mr. Garfield: There is no need of heat about this matter. The Committee on Appropriations 
 have put in what they considered enough to maintain the expense of what now exists. The gentle- 
 man says that is three horses «iid carriages. I should suppose three horses, one for relay in case 
 of accident, would not involve an extravagant amount, provided we proposed the heads of depart- 
 ments shall have the employment of horses and carriages. 
 
 Now, Mr. Chairman, the Attorney-General said this to the committee: that he is comp>elled in 
 his office not only by his assistants to run the Court of Claims on the government side of it, but all 
 the cases of the United States in the Supreme Court, and that ther-j is not a day in which he doe.s not 
 require the use of a horse and carriage. Whether it should be by what the government owns or 
 what they may hire makes no difference. If gentlemen want the Attorney-General to walk lo the 
 Supreme Court on foot, or to ride in the cars, or to go wherever else he goes as other citizens, if 
 the gentleman wants to break down the habit of years, and sweep away all arrangements for 
 horses and carriage, very well. 
 
 GENERAL GARFIELD BELIEVES IN AN OFFICIAL ARISTOCRACY, 
 
 According to Mr. Garfield, the attorney-general is not expected "io walk to the 
 Supreme Court on foot, or to ride in a car, or go wherever he goes as other citizens." 
 According to him. Cabinet officers are an official aristocracy, notto be treated like 
 " other citizens. " Although they receive $8,000 a year salary, and serve the public, 
 they must be allowed fine carriages, fast horses and gilded harness, to be paid for 
 out of the treasury. He speaks of ' ' breaking down the habit of years and sweeping 
 down all arrangements for horses and carriages." "Whoever heard of horses and 
 carriages furnished by the government for officials until G^n. Garfield and those 
 like him sanctioned the bad " habit." The pretense that a carriage is necessary 
 for an attorney -general attending the courts is false. The sixteen-hundred-dol- 
 lar landaulet which attorney-general Williams had the disbursing clerk of his; 
 department pay for out of the contingent fund was for the private use of himself 
 and wife. Even the liveried driver was borne upon the pay-roll of the Depart- 
 ment of Justice. 
 
 There were still other interesting discussions on this occasion. 
 
 Mr. Nesmith: Permit me to ask the gentleman a question. 
 
 Mr. Garfield: Certainly. 
 
 Mr. Nesmith: Does he believe thera is any more necessity for providing these departments with 
 expensive horses and a sixteen-hundred-dollar carriage than the judges or members of Congress? 
 And in connection with that, does the attorne}'-geueral go every day to the Supreme Court? And 
 another question in the same connection; Are these departments being run by horse power? 
 
 Mr. Garfield: Mr. Chairman, I have no doubt there are abuses; I know there have been abuses 
 in regard to horses and carriages in the various departments. These are abuses, if not as old as the 
 government, older than any member of the House. There has been no attorney-general from the 
 Foundation of the government who was not furnished with horses and a carriage by the govern- 
 ment as a part of his official outfit for the performance of his duties. There is no hour of the day 
 when the heads of the departments are not liable to be called upon to meet the President in Cabinet 
 to consult with each other, and it is a matter of common decency in the transaction of business 
 they should have it. 
 
 WILLFULLY FALSIFYING. 
 
 ■ In Stating that "there had been no attorney -general from the foundation of 
 the Government who was not furnished with horses and a carriage by the gov- 
 ernment," Gen. Garfield willfully falsified. He did not and could not produce 
 a single example, record, appropriation or voucher justifiying his baseless asser- 
 tion. Attorney-General Williams was, shortly after this, driven from office. 
 Even Grant could no longer retain him ; yet Garfield appeared as his defender on 
 the floor of the House. To this day Williams is known as "Landaulet" Wil- 
 liams. The exposure of this landaulet tr9,nsaction had been made previous to 
 Garfield's defense. 
 
 Mr. Wood, of New York, pertinently called attention to the fact that the prac- 
 tice of which Garfield spoke as long standing was a recent one. He said: 
 
 10 
 
146 ENCOURAGING AND DEFENDING PETIT LARCENY. 
 
 It is not true that the practice to which \vc now take exception is of long standing in this gov- 
 ernment, or is of any standing whatever prior to the incumbency of the gentleman who now fills 
 I that office. My memory, sir, goes back for a long period, not only with reference to the office of 
 'I the Attorney-General of the United States, bnt with reference to all the executive departments; 
 and I declare here that it is a practice of recent and modern introduction that any head of a depart- 
 ment, that any executive officer of this government shall seek to be carried through the streets 
 of Washington at the public expense. 
 
 Sir, the Chief Justices of the United States, including John Marshall and Roger B. Taney, never 
 traveled at the expense of the government, either from their homes to Washington, or from their 
 residences in Washington to the Capitol here, for the purpose of attending to their official duties. 
 It is entirely a mistake to suppose that this is an old practice. It is an attempt to justify by an 
 erroneous statement, founded upon a misapprehension, this system of having public coaches for 
 the use of officials, bought by the money of the people, wrung from the industries of the nation. 
 
 STILL OTHER CASES. 
 
 Nor was this the only case that led to debate. On the same bill angry feelings 
 broke out in another spot, but with less intensity, (See Congressional Record, 
 April 24, 1874, page 40.) 
 
 Mr. Sener: I move to strike out the words for "horse and carriage, and keeping the same, 
 $1,200 " (for the Commissioner of Pensions). It seems to me that with the impro'^ed facilities for 
 passing from point to point in Washington afforded by the street cars, with the several departments 
 ■connected as they now are by telegraph, we should not allow any bureau officer a horse and car- 
 riage. 
 
 Mr. Garfield: I will simply say in reply that the duties of the Pension Office are peculiar in this. It 
 is in a building a great way from the Interior Department, in the Seaton House, and there are other 
 buildings where the pension clerks are kept. A great deal of communication, of referring papers 
 And of messages, is required to be done. 
 
 A PRETENCE OP ECONOMY. 
 
 Mr. Frye: Is it in the interest of economy for this bureau to keep a horse ? 
 
 Mr. Garfield: We think it is. 
 
 Mr. Randall: Oh, no; it is not. 
 
 Mr. Seuer: I wish to say in reply to the gentleman from Ohio that it is only a few minutes' walk 
 from the Department of the Interior to the Seaton House, where many of the pension records are 
 kept. Besides that, as my .friend from Ohio very well knows, no paper carried to the Pension 
 Office is acted on the same day it is carried there. Nor does the commissioner himself give per- 
 sonal attention to papers, except by sending for a clerk to bring in the papers; and then he gives a 
 hearing and determines what he will do in the matter. 
 
 Mr. Lawrence of Ohio: I wish to ask my colleague (Mr. Garfield) why it is necessary to appro- 
 priate $1,200 to keep a horse and carriage for one year. It is at the rate of $100 a month. Now it 
 does not cost any such sum in any city of the United States, or of the world; and this appropria- 
 tion for such a purpose cannot be honestly expended. 
 
 Mr. Garfield: More than this was expended last year to keep up the establishmeut in this same 
 •office. The gentleman cannot hire a saddle horse in this city for less than $25 a month at any 
 jrespectable livery stable. 
 
 GARFIELD'S MISREPRESENTATION. 
 
 That was the kind of argument Gen. Garfield employed to defend his culpable 
 extravagance. He was consistent in that, as he was in misrepresentation, when 
 he stated that some of the pension records were in "the Seaton House, a great 
 way from the Department of the Interior." The distance is just three blocks, 
 and one building is in sight of the other from the roof. Nine-tenths of the House 
 and the audience were aware of this bold falsehood, and yet Gen. Garfield coolly 
 went on, as if he was uttering undoubted truths to prop up a justifiable grant of 
 public money. ^ 
 
 Gen. Garfield is accountable for a system of reckless expenditure, by which the 
 public service has been demoralized and millions squandered, during the time 
 that he directed the appropriations as chairman of that most important com- 
 mittee. 
 
GAKPIELD THE CHAMPION OF O. O. HOWARD. 147 
 
 OARFIELD THE CHAMPION OF 0. 0. 
 
 HOWARD. 
 
 The Freedmen's Bureau and the Freedmen's Bank were twin monster frauds. 
 The first was avowedly established to care for and maintain Southern white Un- 
 ion refugees and to protect and provide employment for the emancipated blacks. 
 There was much suffering among the whites as well as the blacks at the South 
 toward the close of the war. The social and industrial systems were broken up ; 
 ;great hordes of negroes flocked to the Union armies, and the support of these two 
 •classes was a heavy burden upon the Commissary Department. To afford the 
 white refugees and late slaves the means of self-support it was suggested that the 
 lands within the Union lines abandoned by their owners should be parceled out 
 to the helpless people, and that the government furnish them with the means of 
 tillmg the soil and supply their wants while awaiting the reward of their labor. 
 Had this beneficial purpose been honestly adhered to, the greatest good might 
 have been accomplished. The change from the system of slave labor to that of 
 free could have been effected without a jar, and the owners of the soil and the 
 •emancipated slaves would have accepted the new order without ill feeling. The 
 Freedmen's Bureau grew out of the desire to accomplish something of this sort. 
 
 Mr. Lincoln was most anxious to rehabilitate the States and favored a policy of 
 reconciliation. He thought the Freedmen's Bureau would be a useful agent in 
 the work he was undertaking. He exerted all his influence to restrain the Repub- 
 lican majority in Congress from conferring unusual powers on the Commissioner 
 of the proposed Bureau and his subordinates. He wanted all the employees of 
 the Bureau held responsible to the military authorities and amenable to court 
 martial. The bills which were introduced at the second session of the Thirty- 
 eighth Congress providing for the establishment of the Freedmen's Bureau did 
 not confer any extraordinary power upon the commissioner, and he and his sub- 
 ordinates were, by the terms of the bills, amenable to the articles of war. Not- 
 withstanding this, in the judgment of the majority of the Senate then, the com- 
 missioner had too much discretionary power, and several bills originating in that 
 body or agreed upon in conference committees of the two Houses, were voted 
 down. In the opinion of the late John P. Hale, of Maine, then a Senator, the 
 loyal white people of the South were entitled peculiarly to the assistance of the 
 Federal Government. He opposed the bills creating the Freedmen's Bureau be- 
 cause they did not provide for the distribution of abandoned lands and property 
 to this class, or made them subordinate to the blacks. Finally an agreement was 
 reached by which a bill was secured, through a conference committee, less objec- 
 tionable than any of the others. This bill created the Bureau of Refugees, Freed- 
 men, and Abandoned Lands of the War Department. Its management was to be 
 
148 GARFIELD THE CHAMPION OF O. O. HOWARD. 
 
 in the hands of a commissioner, who might have ten assistants. The act was 
 approved March 3, 1865, and May 10, 1865, Gen. O. O. Howard was assigned to 
 duty as commissioner. By a series of acts, passed by succeeding Congresses, 
 the power of the commissioner was greatly enlarged and millions upon millions. 
 of property turned over to him, in the disposition of which he was well nigh 
 unrestricted. The first attempt at this enlargement of the scope of the Bureau 
 was made at the first session of the Thirty-nmth Congress, and the bill was ve- 
 toed by President Johnson. This veto was the beginning of the rupture be- 
 tween Andrew Johnson and the leaders of the Republican party. Gen. Garfield, 
 was among the most ultra of his party in advocating the enlargement of the pow- 
 ers of the Commissioner of the Freedmen's Bureau. He was always the cham- 
 pion of Gen. Howard. The management of the commissioner was even then 
 denounced as bad, and the work of his subordinates was such as to draw from 
 Gen. U. S. Grant, in his report of the condition of the Southern States after hi& 
 tour through them in the Fall of 1865, the following stinging rebuke : 
 
 I did not give the operation of the Freedmen's Bureau that attention I would have done if more 
 time had been at my disposal. Conversations, however, on the eubject with officers connected 
 with the Bureau, lead me to think that in some of th6 states its affairs have not been conducted 
 with good judgment or economy, and that the belief widely spread among the freedmen of the 
 Southern States, that the lands of their former oivners will— at least in part— be divided among 
 them, has cainefrom t/ie agents of this Bureau. This belief is seriously interfering with the will- 
 ingness af the freedmen to make contracts for the coming year. In some form the Freedmen's 
 Bureau is an absolute necessity until civil law is established and enforced, securing to the freedmen 
 their rights and fnll protection. At present, however, it is independent of the military establish- 
 ment of the country, and seems to be operated by the different agents of the Bureau according to 
 their divided notions. 
 
 WHAT WAS PROVED AGAINST HOWARD IN 1870. 
 
 In 1870 the House of Representatives, compelled principally by exposures 
 made in the Cincinnati Gazette by its Washington correspondent. General H. V. 
 Boynton, of the illegal and corrupt administration of General O. O. Howard, 
 directed an investigation into the affairs of the Freedmen's Bureau to be made. 
 Of course, the result was a whitewashing report. Nevertheless, it was conclu- 
 sively proved that appropriations made for, and the receipt of the Freedmen's 
 Bureau, amounting to more than $900,000, were by General Howard, without 
 authority of law, turned over to Howard University, hospital and lands ; that por- 
 tions of the land, alleged to have been sold for the benefit of Howard University 
 went improperly to members of his family ; that he accepted in payment for 
 some of this land, bonds which he had issued in aid of the First Congregational 
 Church of Washington, and that he had never accounted for or redeemed these 
 bonds ; that even the buildings for the Howard University and hospital were 
 built of patent bricks made by a concern in which General Howard and members 
 of his family were interested; that he had appropriated labor belonging to the 
 government, without compensation, to his private use; that he drew their 
 salaries in defiance of law ; that he advanced a large sum of money in his hands 
 as a disbursing officer of the government to the Young Men's Christian Associa- 
 tion of Washington, of which he was president, taking worthless security there- 
 for, which disposition of the money of the government was embezzlement ; that 
 he purposely suffered an officer of the Bureau to sell lands in Washington to a 
 freedmen's school in North Carolina, and he paid for the same out of money 
 appropriated for the school ; that he was privy to the swindles of the Freedmen's 
 Bank, belonging to the Freedmen's Banking, and benefited by the use of the 
 money collected from the poor negroes of that concern. 
 
 In addition to his duties as Commissioner of the Freedmen's Bureau 
 he was, by Act of Congress, approved March 2, 1867, custodian of the 
 retained bounty fund belonging to colored soldiers, and by Act approved March. 
 
GARFIELD THE CHAMPION OF O. O. HOWARD. 149 
 
 29, 1867, he was to collect and disburse all moneys due to colored soldiers in 
 Southern States, and " to be held responsible for the safe custody and faithful dis- 
 bursement of the same. " These acts were rushed through the House under the 
 operations of the previous question, demanded by Gen. Garfield. {Globe, \st 
 Sept., 40ih Cong., p. 445). 
 
 WHAT HAPPENED AFTER HOWARD WAS TURNED OUT. 
 
 By Act of June 10, 1872, the Bureau of Refugees, Freedmen and Abandoned 
 Lands was discontinued and the business therefor turned over to the Adjutant 
 General's Office of the Army. When the Adjutant-General's Office took posses- 
 sion of the discontinued Bureau they found everything in great confusion, many 
 of the important papers and record books being lost, and a deficit was also dis- 
 covered in the retained bounty fund accounts. It was found also that Gen. Geo. 
 W. Balloch, Chief Disbursing Officer of the Bureau, claimed to have on deposit 
 -with the Treasurer of the United States $520,974.07, when in reality there were 
 only $241,356.61 on deposit. Upon this matter being investigated, it was found 
 that Balloch had in his own possession two hundred and fifty thousand doUars 
 on the United States bonds, on which he had been drawing interest, and he 
 ■claimed that the value of these was more than the deficit of $279,617.46 in his 
 account with the Treasurer. On this showing he was suspended and ordered to 
 be mustered out of the army. He claimed in his defense that he had the author- 
 ity of the second Comptroller and the Treasurer of the United States to convert 
 the money into bonds, but this was held to be no justification. Assistant Adju- 
 tant-General Vincent, in his report of October 7, 1872, on the condition of the ac- 
 <50unts in the Freedmen's Bureau when he assumed control of it under the Act of 
 Congress, above quoted, says : 
 
 THE PROOF TURNS UP AT LAST. 
 
 The number of unpaid claims transferred is 4,858. amounting in the aggregate to $730,596.80; 
 the amount transferred for their payment, $726,842.11, eaving a deficit yet lo be accounted for of 
 $3,754.69. This deficit was promptly reported, to the Secretary of War with whom rests future 
 action. The treasury certificates issued in settlement of the unpaid claims mentioned above are 
 shown by the records to have been received at the Freedmen's Bureau at various dates extending 
 back to May, 1867. In addition to the sum of $726,842.11, as stated above, there is the sum of 
 $31,078.03 transferred as being due to certain claimants borne upon the records as paid, axid with 
 which amount the accounts of the late disbursing ofiicer of the Bureau have probably been credited 
 at the treasury. Complaints have been made that claimants have not received from the late 
 Bureau their bounties, rations, or aid, &c. The treasury accounts of the Bureau disbursing officer 
 «how payment to have been made, and there is reason to believe that claimants have been de- 
 frauded extensively of the said money. 
 
 Investigations into irregularities connected with the management of the retained 
 bounty fund and the payment of moneys due to colored soldiers, sailors and ma- 
 rines were still further prosecuted by the Adjutant-General's Office. Irregularitie? 
 were discovered almost daily, and large sums of money found to have been paid 
 on fraudulent claims. These investigations by the Adjutant-General's Office, to- 
 gether with developments which have been made from time to time, establish be- 
 yond controversy the fact that the Howard University was a swindling enterprise 
 from beginning to end. Although $993,611.38 of government morey was 
 illegally invested for the benefit of this institution, it is to-day almost bankrupt; 
 and is only maintained by the closest economy and a large reduction in its corps 
 of teachers. About $220,000 were originally invested in real estate attached to 
 the University, and of this there remains for that institution a very small quan- 
 tity, the balance having gone in various ways into the hand£ of specolators con- 
 nected directly or indirectly with the Freedmen's Bureau, of which Howard was 
 the head and front. 
 
 The facts developed in regard to the management of the retained bounty fund, 
 the moneys due to colored soldiers, sailors and marines by the Adjutant-General's 
 
150 GARFIELD THE CHAMPIOX OF O. O. HOWARD. 
 
 Office so directly implicated Howard with outrageous frauds, which had beeiB 
 practiced upon the unfortunate negroes as well as upon the government, that the: 
 President was forced, although much against his inclination, to order a court of 
 inquiry to investigate the matter. The majority of this court, as constituted, 
 consisted of officers so connected with Howard in the past that it was not possible 
 for them to render an impartial finding. The result was what it was predicted it 
 would be at the time the Court was constituted, although a minority held Howard 
 to be guilty of embezzlement. The finding of the Court was reviewed by the 
 Judge-Advocate-General of the Armj^ Gen. Joe Holt, who held, in an able and 
 exhaustive opinion, that the majority had clearly erred; and farther said, that the 
 construction of the law and army regulations by the majority of the Court was in di- 
 rect conflict with an unbroken line of decisions. 
 
 Notwithstanding all these facts, which Gen. Garfield was cognizant of, he 
 offered the following amendment to the Sundry Civil Bill at the first session of 
 the Forty-third Congress : 
 
 That there be paid to Major-Greneral O. O. Howard, out of any money in the treasury not 
 otherwise appropriated, the sum of $7,000. to reimburse him for the expense he incurred in de- 
 fending his official conduct as Commissioner of Freedmen's Affairs, 
 
 Mr. Spear, of Pennsylvania, wanted to know if Gen. Garfield knew of any 
 other alleged criminal whose expenses were asked to be paid by the United 
 States. He replied that Howard had been put through a fiery ordeal and had 
 been acquitted, when he very well knew that only a court of inquiry had sat 
 upon his case and that its verdict had been the Scotch one — " Not proven." The 
 appropriation was not made,. although Gen. Garfield advocated and voted for it. — 
 {See Gong. Record ^M Cong., Ut Sept., pp. 4887-88). 
 
Tlil!: BLACK FKIDAY SCANDAL. J 51? 
 
 THE BLACK FRIDAY SCANDAL. 
 
 HOW GENERAL GARFIELD SOUGHT TO SUPPRESS THE TRUTH. 
 
 On December 13, 1869, Mr. Scbenck offered a resolution in the House of Rep- 
 resentatives directing the Committee on Banking and Currency to investigate the 
 Black Friday scandal. It was adopted. Gen. Garfield was chairman of the com- 
 mittee charged with the inquiry. The intention was to whitewash President 
 Grant and his family. Gen. Garfield undertook the job. On March 1, 1870, he 
 submitted his report to the House. In it he says : 
 
 The committee find that the wjcked and cunningly devieed attempts of the conspirators to« 
 compromise the President of the United States or his family utterly failed. 
 
 How Utterly and wickedly false this statement was the following history of 
 
 that memorable scandal, compiled altogether from the evidence taken by Gen. 
 
 Garfield's committee, will demonstrate. 
 
 grant's first MEETING WITH FISK AND GOULD. 
 
 On the evening of the loth of June, 1869, a gay party, composed of Ulysses S. 
 Grant, Jay Gould, and Jim Fisk, each accompanied by his retainers, left New 
 York for Boston on one of Gould's highly ornamented steamers. The ostensible 
 object of the trip was to attend Patrick Sarsfield Gilmore's Peace Jubilee. The 
 arrangement of the details had been intrusted to Fisk. At supper on the steam- 
 boat the conversation was deftly turned to the " state of the country." Gould, 
 in his sworn testimony before the Garfield Committee of the Forty-first Congress, 
 describes this supper and says of the conversation : " The President was a listener. 
 The other gentlemen were discussing. Some were in favor of Boutwell's selling 
 gold, and some were opposed to it. After they had all interchanged their views, 
 some one asked the President what his views were. He remarked that he thought 
 there was a certain amount of fictitiousness about the prosperity of the country, 
 and that the bubble might as well be tapped in one way as another. That waa 
 the substance of his remark. He asked me what I thought about it. I remarked 
 that I thought if that policy was carried out it would produce great distress and 
 almost lead to civil war; it would produce strikes among the workmen, and the 
 workshops to a great extent would have to be closed ; the manufactories would 
 have to stop. I took the ground that the Government ought to let gold alone and 
 let it find its commercial level ; that, as a matter of fact, it ought to facilitate an 
 upward movement of gold in the fall. The fall and winter is the only time that 
 we have any interest in. That was all that occurred at that time." 
 
 The key to Gould's conversation is found in the fact that those who accom- 
 panied him were his stool pigeons. The talk was arranged beforehand for the 
 purpose of ascertaining Grant's opinions, and approaching him at points where 
 he appeared most vulnerable. He was in the hands of trained gamblers, and they, 
 in the parlance of their trade, were "playing him for a flat." A deadhead jour- 
 
152 THE BLACK FRIDAY SCANDAL. 
 
 ney to Boston, a free supper, and an abundance of champagne constituted the 
 vulgar bait thrown out to catch the Chief Magistrate of the American people. 
 And he was caught. 
 
 GOULD AND GRANT'S BROTHEK- IN-LAW SELECT AN ASSISTANT TREASURER. 
 
 In June, 1869, about the time of the Boston Peace Jubilee, Mr. H. H. Van 
 Dyck resigned his office as Assistant Treasurer at New York. Jay Gould under- 
 took to name his successor, with a view to controlling the treasury when the 
 time should come to " corner " the gold market. He had already formed an alli- 
 ance with Abel R. Corbin, the brother in-law of Grant. Corbin was a ready 
 writer and a man of some ability. He had been unsuccessful in business, and was 
 willing to trade on his influence at the White House. Years before he had served 
 an apprenticeship in the lobby at Washington. He could talk politics and finance 
 with great fluency, and Grant frequently sought his counsel. The fact that he 
 was not strictly honest never interfered with the cordiality of their relations. 
 
 Robert B. Catherwood, an eminently respectable man, who had married Cor- 
 bin's step-daughter, w^as suggested for Assistant Treasurer. Gould and Corbin 
 talked with him on the subject, and urged him to take the place that the three 
 might operate together and make a great deal of money " in a perfectly legitimate 
 manner." 3Ir. Catherwood, in his testimony, says that his ideas differed from 
 theirs as to what constituted a "legitimate manner," and he declined the office. 
 It was then decided to confer it upon Gen. Daniel Buttertield, who, when this 
 design was made known to him, wrote a letter thanking Mr. Corbin very kindly, 
 hoping that he would exercise his influence, as he had previously done, and say- 
 ing that he was under many obligations to him, and that he trusted he would be 
 successful. The work in which Corbin expected to be successful was in corner- 
 ing gold through the aid of the Assistant Treasurer. In due time Gen. Butter- 
 field was commissioned, and Corbin's standing was measurably increased in the 
 eyes of Gould and Fisk. Mr. Corbin had first appeared to Gould as a suppliant 
 for favors. On the strength of his relationship to Grant he wanted to be taken 
 into .some enterprise where he could make money. It was then that Gould sug- 
 gested the feasibility of advancin the price of gold, which was then among the 
 thirties, to the forties or fifties, provided the Government could be induced to as- 
 sist them. His theory was that a rise w^ould facilitate the exportation of grain, 
 but he hastened to add: " We could make money both ways by buying it then 
 and selling it on the rise." Gould adds this compliment in speaking of Corbin : 
 " He was a very shrewd old gentleman. He saw at a glance the whole case, and 
 said he thought it was the true platform to stand on ; that whatever the govern- 
 ment could do legitimately and fairly to facilitate the exportation of breadstuffs 
 and produce good, prices for the products of the West they ought to do. He was 
 anxious that I should see the President, and communicate to him my views on 
 the subject." It was because of this preconcerted anxiety that the deadhead ex- 
 cursion of the 15th of June was arranged. Of course Corbin was among the 
 invited guests, and the subsequent proceedings seem to show that he improved 
 the opportunity to impress his brother-in-law favorable with his friends Gould 
 and Fisk. 
 
 FREQUENT INTERVIEWS BETWEEN GRANT AND GOULD. 
 
 When Grant returned from Boston he went directly to Corbin's house, where 
 he held a protracted interview with Jay Gould, during which, according to testi- 
 mony. Grant said to Corbin: "Boutwell gave an order to sell gold, and I heard 
 of it and countermanded the order." This was the first positive declaration the 
 
THE BLACK FRIDAY SCANDAL. 153 
 
 conspirators had received that they had won the President over to their side, or 
 that they conld count on his co-operation. Gould was so pleased that he im- 
 mediately tendered to Grant the free use of a special train to take him to Corry, 
 Pennsylvania, and thence to Philadelphia. This offer was greedily accepted. 
 
 On the 19th of August, Grant went to Newport, where Jim Fisk went to see 
 him. Fisk, in his testimony, said: " I think it was some time in August that 
 General Grant started to go to Newport. I then went down to see liim. I had 
 seen him before, but not feeling as thoroughly acquainted as I desired for this 
 purpose, I took a letter of introduction from Mr. Gould, in which it was writ- 
 ten that there were three hundred sail of vessels then on the Mediterranean, 
 from the Black Sea, with grain to supply the Liverpool market. Goid was then 
 about thirthy-four. If it continued at that price, we had very little chance of 
 •carrying forward the crop during the fall. I know that we felt nervous about it. 
 I talked with General Grant on the subject, and endeavored, as far as I could, to 
 convince him that his policy was one that would only bring destruction on us all. 
 He then asked me when we should have an interview, and we agreed upon the 
 time. He said : ' During that time I will see Mr. Boutwell, or have him there.' " 
 
 It is interesting to know that the lamented Fisk, with steamboats, railroads, 
 terpsichorean divinities, and other affairs to manage, still found time to give the 
 President of the United States lessons in finance; and that backed by Gould's 
 letter of introduction, he succeeded in his mission and induced the President to 
 adopt a fallacy so absurd that its bare statement condemns it — the fallacy that an 
 unnatural premium on gold is essential to the maintenance of our foreign com- 
 merce. 
 
 During the weeks preceeding Black Friday, Grant was very frequently in New 
 York, and usually in the company of Corbin. His intimacy with Fisk and 
 Gould began to attract attention, but he paid small heed to the criticisms passed 
 upon him on that account On the 2d of September he went to Saratoga, leaving 
 poor Rawlins, his Secretary of War, who had been his mentor and guide through 
 all his military career, to die unattended in Washington. He was recalled on 
 the 6th to attend Rawlin's funeral, but on the 10th he again' appeared in New 
 York. Gen. Rawlins left no property, and a fund was raised for the benefit of 
 his. family. Gen. Grant subscribed $1,000 to this fund. Gould and Fisk not 
 only gave a larger amount, but they paid Grant's subscription for him. He ac- 
 cepted their gift with unblushing promptitude. 
 
 The plotters were resolved to make hay while the sun of official favor shone 
 upon them. On the 2d of September, Jay Gould, having thoroughly convinced 
 himself that he could rely on the brothers-in-law Corbin and Grant, bought for 
 Corbm $1,500,000 in gold, at an average price of 132^^. Gould was afraid, how- 
 ever that Boutwell might interfere. He says that some of those who were short 
 of gold had arranged to give the Secretary a dinner, and he was solicitious as to 
 what the effect might be. He sought out Corbin again, who assured him that 
 the President was all right; that at his (Corbin's) house Gen. Grant had written 
 a letter directing Boutwell to sell no^gold, without consulting him, and that he 
 had intrusted this letter to Butterfield, who afterward told Gould that he had de- 
 livered it. Nothing now remained but to put the President safely out of the way 
 in some remote corner where the rising storm of public indignation would not 
 reach him nor compel him to recognize and perform his duty. 
 
 GRANT HID HIMSELF IN AN OBSCURE VILLAGE. 
 
 The little town of Washington, Pennsylvania, was accessible by rail in 1869 
 only by way of Wheeling, West Virginia. It was cut off entirely from tele- 
 
154 THE «LACK FUIDAY SCANDAL. 
 
 graphic communication, and it was, perhaps, the best place in the United States^ 
 in which to seclude a man whose absence was essential to the success of a finan 
 cial conspiracy. To that point on the 13th of September the President made his 
 way. He explained that he wanted to visit a family of the name of Smith, a dis- 
 tant relative, whom he had not seen for thirty years. 
 
 The country was on the verge of financial disaster. Merchants, importers, all 
 who bought and sold, began to feel that they were at the mercy of a clique of 
 sharpers and gamblers who were bent on driving the gold premium up among- 
 the eighties or nineties, that they might clear thirty millions at the expense of 
 every legitimate interest of trade. They knew that this premium was fictitious 
 and speculative; that under an honest and intelligent management of the Treasurj 
 it could not exist. But what were the relations between the government and 
 the sharpers? That was the question which sorely disturbed the minds of honest 
 men. Gould was deep and taciturn, but Fisk was shallow and talkative. In 
 warning his friends, in threatening his enemies, he blurted out the secrets of the- 
 combination. He swore he would carry gold up to 200, and when he was told 
 that the government could block his game by selling gold, he answered: "The 
 President is with us." This revelation threw a new light on the intimacy be- 
 tween Grant and these gamblers. Men of high standing hastened to the capital 
 to tell the President what dangerous persons his new friends were, and to point 
 out to him the necessity of immediate action. When they got there they were 
 gravely told that Grant was gone. Gone where? To an unheard-of town, out of 
 the line of communication, but he had left orders to sell no gold. They came 
 away disheartened. 
 
 THE CONSPIKATORS WEIIE JUBILANT — $25,000 TO MRS. GRANT. 
 
 Fisk testified that about the 16th of September he bought gold to the amount 
 of seven or eight millions. Gould made much heavier purchases. The price was 
 forced above 140, and the syndicate controlled from fifty to sixty millions of it. 
 
 On the 20lh of September Gould said to- Fisk (this is sworn testimony): " This 
 matter is all fixed up; Butterfield is all right. Corbin has got Butterfield all 
 right, and Corbin has got Grant fixed all right ; and in my opinion they are inter- 
 ested together." Fisk says that was a point he did not take into consideration. 
 He supposed Corbin had convinced Grant by argument that forty-five was the 
 proper gold premium at which to move the crops. He did not believe up to that 
 time til at Grant, or anybody nearer to him than his brother-in-law, had a stake in 
 the scheme. When Gould suggested it, he was startled, and resolved immediately 
 to see Corbin. He said to Gould: " You give me a letter to him, so that he will 
 talk confidentially with me." He got the letter, and he gave under oath, before 
 the Committee on Banking and Currency, this account of what followed: 
 " When I met him he talked very shy about the matter at first, but finally came 
 right out and told me that Mrs. Grant had an interest ; that $500,000 in gold had 
 been taken by Mr. Gould at 31 and 32, which had been sold at 37 ; that Mr. Cor- 
 bin held for himself about two millions of gold, $500,000 of which was for Mrs. 
 Grant and $500,000 for Porter. I did not ask whether he was General or not. 1 
 remember the name Porter. This was given out very slowly. He let out just as 
 fast as I did when he found that Gould had told me about the same thing. I 
 said: ' Now I have had nothing to do with your transactions in one way or the 
 other. You can make your pathway clear and straight by emptying it all out ta 
 me, because Mr. Gould and myself stand together; we have no secrets from each 
 other; we have embarked in a scheme that looks like one of large magnitude. 
 
THE BLA.CIV FRIDAY SCAXDAL. 155- 
 
 Mr. Gould has lost as the thing stands now. It looks as if it might be pretty 
 serious business before getting out straight again. The whole success depends 
 on whether the government will unload on to us or not. ' He said : * You need 
 not have the least fear. ' I said : ' 1 want to know whether what Mr. Gould told 
 me is true; I want to know whether you have sent this $25,000 to Washmgton as 
 he states.' He then told me that he had sent it; that Mr. Gould had sold 
 $500,000 in gold belonging to Mrs. Grant which cost 32 for 37 or something in that 
 neighborhood, leaving a balance in her favor of about $27,000, and that a check for 
 $25,000 had been sent. Said I: ' Mr. Corbin, what can you show me that goes 
 still further than your talk?' ' Oh, well,' the old man said, * I can't show you 
 anything; but,' said he, 'this is all right.' He talked freely, and repeated: 'I 
 tell you it is all right.' When I went away from there, I had made up my mind 
 that Corbin had told me the truth." 
 
 GARFIELD TRIES TO MAKE $250 OUT OF $25,000. 
 
 Before the Banking and Currency Committee, there appeared a witnesss, W. 
 Havgrave White, who was ready to swear that he had examined the money de- 
 livery book of Adams Express Company, and that he had seen the entry of a 
 package sent from New York, some time in September, 1869, to Mrs. U. 8. Grant, 
 White House, valued at $25,000. The majority of the committee, under Gar- 
 field's lead, refused to receive this testimony. The manager of the express com- 
 pany, Samuel M. Shoemaker, privately told Mr. Garfield that no such entry ap- 
 peared, and he was called to the witness stand to substantiate this statement. He 
 produced his money package book, assuring the committee at the same time that 
 it contained no delivery to Mrs. Grant. Mr. Samuel S. Cox of the minority of 
 the committee, asked to examine the book. It was handed to him, and running 
 his eye down the page, he read aloud this entry: " September, 1869, Mrs. U. S. 
 Grant, White House, money package, value $25,000." Garfield jumped to his 
 feet in unfeigned astonishment, while Shoemaker appeared to be overwhelmed 
 with surprise. He studied the book for several minutes, and finally said: "After 
 careful examination I am satisfied that it is $250." He explained that by inserting 
 before the last two ciphers a period, which had been accidentally omitted, it. 
 would read $250 and no cents. On this imaginary period Garfield bases the dec- 
 laration in his report " that the wicked and cunningly devised attempt of the con- 
 spirators to compromise the President of the United States or his family failed. " 
 
 GRANT FRIGHTENED BY FISK. 
 
 Jim Fisk was too impetuous. He wanted not only the "old man's" assurance 
 that " it was all right " with the Grants, but he insisted that Corbin should write 
 a letter to the President urging him to stand firm and not to sell gold on govern- 
 ment account under any circumstances. Poor Corbin was already in the job up- 
 to his ears, and he readily wrote the letter. Fisk caused it to be delivered by a 
 special messenger, who left Pittsburgh at 1 o'clock in the morning and rode 
 twenty-eight miles on horseback to Washington, Pa. He arrived at the house of 
 Grant's distant relative about 9 o'clock in the morning and delivered the letter. 
 The President read it carefully, and after holding a consultation with his wife in 
 regard to its contents, he said to the messenger: "It is satisfactory; there is no 
 answer." But from that moment he took the alarm. The rumble and roar of the 
 great financial storm had actually penetrated his remote hiding place. Another 
 messenger came to him direct from the capital telling him he must return; that 
 imperative business demanded his attention; that another day's absence might de- 
 stroy his fame. Then it was, according to Corbin's testimony, that Mrs. Grant 
 
156 THE BLACK FRIDAY SCANDAL. 
 
 ^rote to Mrs. Corbin saying that the President was greatly distressed to learn that 
 her husband was speculating in Wall street, and expressing the hope that he 
 ^ould hnmediately disconnect himself from anything of that sort. This letter 
 appears to have frightened Corbin, but his fear did not get the better of his 
 shrewdness. He sent for Jay Gould, and told him that he (Corbin) must go out 
 of the matter; that it had created a great deal of feeling in his own family as 
 well as on the part of the President, and that it must end immediately. But he 
 wanted $100,000 as his share of the profits in a partnership where he had in- 
 Tested his brother-in-law's against Gould's money. Gould says, under oath : " I told 
 liim I would give him $100,000 on account, and that, when I sold, if he liked, I 
 would give him the average of my sales. I did not feel like buying any gold of 
 him then." 
 
 Corbin's fright, the return of the President to Washington, the growing excite- 
 ment in financial and business circles, warned the speculators that they were ap- 
 proaching the end of their rope. On Thursday, the 23d of September, they knew 
 that Wall street could not bear the pressure more than one day longer. On 
 Thursday night Gould, as usual, was saturnine and Fisk mercurial. 
 
 THAT AWFUL DAY. 
 
 Black Friday came. The business of the metropolis stood still at the audacious 
 •command of a clique of sharpers. Every artery of trade^ every nerve of enter- 
 prise, felt a shock as of paralysis. Merchants rose from sleepless beds to make 
 their way to Wall street, hoping against hope that they might find some way to 
 purchase the gold required to meet their contracts. Bankers who had faith in 
 the lionesty of the administration, and who had invested heavily, in the belief 
 that the fictitious price could not last, grew wild with excitement when they 
 found what preparations were making to corner the market. On the previous 
 day gold had risen to 144. If it remained there or went higher thousands would 
 be irretrievably ruined — not speculators alone, but honest business men with 
 whose honor and credit these jugglers of the street were playing their game. 
 
 Gould and Fisk were early on the ground. They operated through a number of 
 brokers, directing that all gold which was offered should be purchased till the 
 "corner" was complete. Gould himself kept out of sight. He was known to 
 be in his office, but he was careful that his orders should be issued through some 
 third party. He was playing with loaded dice. If he won, he intended to 
 pocket the profits. If he lost, he could repudiate his contracts. 
 
 All through the forenoon the excitement increased in intensity. JIundreds of 
 telegrams were sent to Washington, appealing to the President to sell gold on 
 government account, and thus break this conspiracy against the public welfare. 
 These appeals were accompanied by plain hints that delay would be accepted as 
 proof that Grant was in league with the gamblers. 
 
 At noon the order came to sell $4,000,000 in gold for the government. The 
 order was communicated to the Assistant Treasurer by telegraph, and was 
 immediately made known to Jay Gould and Jim Fisk, who, being thus fore- 
 i;varned, set to work to save themselves from the wreck in which they had 
 involved the street. Among the brokers operating on their account was Albert 
 Speyer, wlio had formerly been a brewer and had accumulated a handsome for- 
 tune. Tbroughout the forenoon he bought largely, bidding as high as 60 and 65 
 for gold. When the news reached the Gold Room that the government was 
 selling, the premium immediately declined to 85. But Speyer kept on buying at 
 €0, obeying implicitly the orders he had received from the chief conspirators. 
 
f 
 
 THE BLACK FRIDAY SCANDAL. 157 
 
 When he was loaded down with more millions than he could count, he rushed 
 wildly to Gould's office to report progress. He was received with the cool 
 remark, " We don't want any of your damned gold." Poor Albert Speyer stag- 
 gered out of the place, and before the close of the day was insane. 
 
 When night fell on Black Friday, New York felt that all the conditions of her 
 commercial prosperity had been rudely assailed. The nominal transactions in 
 gold for that one day aggregated $500,000,000. Fifty houses failed outright, and 
 more than three times that number were rendered insolvent by their losses. The 
 Gold Exchange did not open its doors again for business till the 30th of Septem- 
 ber. The demoralizing effect of the conspiracy spread far and wide. 
 
158 GARFIELD THE FKIEND OF ROBESON. 
 
 GARFIELD THE FRIEND OF ROBESON, 
 
 THE CORRUPTOR OF THE PUBLIC SERVICE AND DESTROYER OF OUR NAVY. 
 
 Gen. Garfield has never failed as a member of Congress to detend rogues in 
 high places. He lias always been a sturdy opponent of investigations to unmask 
 fraud and punish wrong-doers. Fellow-feeling makes us wondrous kind. He 
 has experienced the evil effects of such inquiries, and very naturally opposed them 
 upon every occasion and under all circumstances. 
 
 He is the friend of George M. Robeson, late Secretary ot the Navy, whose ad- 
 ministration of that department was the most corrupt, the most profligate and 
 the most destructive, not only of our navy, but of the morals of our naval corps, 
 that ever afflicted this or any other country. As Chairman of the Committee of 
 Appropriations, Gen. Garfield was in a position to have curbed Robeson's reck- 
 less extravagance and check his destructiveness. All the estimates for the navy 
 came to his committee. He passed upon all of them. Did he ever cut them 
 down or propose any restrictive legislation ? Never ! 
 
 GENERAL GARFIELD CANNOT PLEAD IGNORANCE. 
 
 He and his defenders cannot plead ignorance-of Robeson's misdemeanors, of 
 his shameless profligacy, of his wanton destruction of the American navy, of his 
 open favoritism in purchasing materials and awarding contracts, of his illegal 
 payment of trumped-up claims, and the consequent general demoralization of the 
 service. The exposure of Robeson's corruption began in 1872. A republican 
 representative, a gentleman of the highest character. Governor Blain, of Michigan, 
 moved an investigation into some of Robeson's methods at the second session of 
 the Forty-second Congress, which resulted in the most startling exposures. 
 Two facts, brought to light by the inquiry, is sufficient to illustrate the character of 
 Robeson's administration of the Navy Department, and establish the truth of 
 our statement. 
 
 THE PAYMENT OF THE SECOR CLAIMS. 
 
 During the civil war Secor & Co. and Perme, Secor & Co. contracted with the 
 Navy Department for the building of certain monitors for the sum of $460,000 
 each. These vessels were built, accepted by the government, and did good ser- 
 vice. In consequence of a necessary change in the specifications of these vessels, 
 determined upon by the Navy Department, after the contracts were made and 
 work commenced, a large amount of extra work had to be done by the contract- 
 ors. They did it, and after the vessels were finished and accepted by the depart- 
 ment, they presented a large claim for additional compensation. They did not, 
 however, confine their claim to the extra work rendered necessary by changes in 
 the specifications. "They demanded a very large sum for losses, in consequence of ^ 
 the rise in the cost of material and labor. They alleged that the changes ordered 
 by the department caused delay, and that during the time lost thereby the ad- 
 
GARFIELD THE FRIEND OF ROBESON. 159 
 
 Tance occurred. The Secretary of the Navy, Hon. Gideon Wells, recognized the 
 justice in principle of these claims and pursued the only course recognized by the 
 law. He appointed a board of competent naval officers, at the head of which was 
 the late Admiral Gregory, and to this board all these claims were referred. There 
 were many others besides those of Secor & Co. and Ferine, Secor & Co. This 
 board examined, item by item, every charge made by the contractors for extra 
 work, and upon their certification of the bills to the secretary they were promptly 
 paid. There were paid in this way to Secor & Co. and Ferine, Secor & Co. , over 
 and above the contract price of their work, the sum of $521,195. 58. This was 
 every cent allowed by Admiral Gregory's board. The contractors, of course, were 
 not satisfied. Who ever heard of one who was willing to acknowledge that the 
 government had dealt fairly and justly by him ? But Secretary Wells had done 
 all that the law in his judgment permitted him to do. He treated the matter, so 
 far as his department was concerned, as res ajudicata. The contractors must 
 appeal to Congress. His duty was performed. If they had equities, Congress 
 was the only body that had jurisdiction. 
 
 CONGRESS, IN 1868, PAID EVERY DOLLAR DUE THE SECORS. 
 
 Some time prior to March, 1865, the Secors and some forty other naval con- 
 tractors appealed to Congress for relief, alleging that they had suffered great loss 
 in the performance of their contracts over and above the contract price and 
 allowance for extra work. They organized one of the strongest lobbies ever 
 known about the Capitol. It was known as the " Iron Clad Lobby," and its 
 doings are to this day the subject of gossip by the ancient habitues of the national 
 -capital. The result of this application to Congress was a request by the Senate, 
 March 9, 1865, to the Secretary of the Navy, to organize a board to inquire into, 
 -determine and report how much the vessels of war and steam machinery con- 
 tracted for by the department in 1862-3, had cost the contractors " over and above 
 the contract price and allowance for extra work. " Only those contractors who 
 iad given satisfaction to the department were to have consideration. This was 
 the foundation of all subsequent legislation on the subject. The object was to 
 establish a principal upon which the contractors could be fairly and equitably 
 settled with by the government. Secretary Wells appointed the board, and made 
 Commodore W. O. Selfridge president of it. The report of this board was 
 sent to the Senate January 30, 1866. It contained a recommendation in 
 favor of the Secors for $119,057 upon each of the three vessels— the Tecumseh, 
 Mahopac, and the Manhattan. Nobody was satisfied with this report, and accord- 
 ingly an act was passed by Congress directing the Secretary of the Navy to 
 •constitute a new board to ascertain the additional cost which had been necessar- 
 ily incurred by reason of the changes and alterations in the plans and specifications 
 and the delays caused thereby, which were not provided for in the original con- 
 tract, the amount of all payments on account thereof to be deducted. A more 
 comprehensive provision could not have been devised. Surely the contractors 
 •ought to have been satisfied with this enactment. 
 
 The secretary appointed a new board, of which Commodore J. H. Marchand 
 was president. This board reported to the secretary November 26,1867, who 
 forwarded the same to Congress. The Secors were allowed by it $115,539.01 on 
 account of the Tecumseh, Mahopac and Manhattan. Thereupon Congress deter- 
 mined to close, once and for all time, this matter, and by act of July 13, 1868, 
 appropriated $115,539.01 to be paid Secor & Co. and Ferine, Secor & Co., " m 
 
 FULL DISCHARGE OP ALL CLAIMS AGAINST THE UNITED STATES ON ACCOUNT 
 •OP VESSELS UPON WHICH THE BOARD MADE ALLOWANCE AS PER REPORT." 
 
160 GARFIELD THE FKIENJ) OF ROBESON. 
 
 The Secors applied to the Treasury Department for this sum of $115,539,01, re- 
 ceived it and gave a receipt that it was " in full discharge of all claims against the 
 United States on account of the vessels Tecumseh, Malwpac and Manhattan, upon- 
 which the hoard made allowance, as per report. 
 
 ROBBER ROBESON VIOLATES THE LAW. 
 
 Could anything be more explicit and conclusive. They had merely an equita- 
 ble claim. Congress, the only body having jurisdiction, acted upon their case, 
 settled it, and required them, in accepting its allowance, to move hereafter all other 
 claims which they might think had not been justly dealt with. Congress possibly 
 might, in the plenitude of its power, not hold itself bound to regard this adjudica- 
 tion final; but would anybody suppose that a Secretary of the Navy, two removes 
 from Secretary Wells, would feel himself justified in revising the work of Congress? 
 Secretary Wells has regarded the whole subject of these claims res adjudicata long 
 before he went out of oflQce, and had referred the claimants to Congress. It is the 
 unwritten law of the executive departments that a succeeding head shall not re- 
 vise the decisions of his predecessor. Even this should have been sufiicient to 
 deter an honest Secretary of the Navy. But in this case not only had his prede- 
 cessor passed upon the matter, but Congress itself had adjudicated it, and, as it in- 
 tended, placed a bar against any further claim by the Secors. What did George 
 M. Kobeson dp? He appointed another board, without any authority of law 
 whatever, referred to it the identical claims which the Secors had submitted to 
 the Merchant Board and which they had received, " in full discharge of " $115,- 
 539.01! Moreover, Mr. Robeson selected the Secors out of all the other contrac- 
 tors, forty odd, who had been treated in the same way by Congress. Neverthe- 
 less, he did it. He appointed a board, of which Commodore Bogy was president, 
 and on August 7, 1869, it convened in Washington, examined the claims of the 
 Secors for the construction of the Tecumseh, Mahopac and Manhattan, and on 
 August 20, 1869, reported, allowing $93,000. This report was based solely upon 
 a comparison of bills paid to one Greenwood for building another monitor. This 
 award was forthwith paid by Robeson out of the appropriation for the current 
 year for the support of the navy, in itself an illegal act, and against the remon- 
 strance of Admiral Porter and the declaration by Chief Constructor Senthal that 
 it was illegal. 
 
 ANOTHER WORTHLESS CLAIM PAID. 
 
 This claim of the Secors was managed and manipulated by one Simeon M. 
 Johnson, a claim agent, who, fortunately for himself and unfortunately for the 
 people of the United States, easily formed the closest relations with Robeson. 
 Johnson's next operation with Robeson was to put through the Hungerford 
 claim. Whipple & Stickney, as the attorneys of one Fayette Hungerford, a citi- 
 zen of New York, had for collection a claim of $330,000 against the government. 
 This amount was alleged to be due for losses sustained by Street & Hungerford, 
 of Memphis, Tenn., by reason of their property having been taken by the United 
 States ai*my upon its occupation of that city. A portion of this property came 
 into the possession of the naval forces and was taken to the naval station at 
 Mound City, 111. Street was identified with the Confederacy, while Hungerford 
 was loyal. The claim was assigned to Hungerford, probably because of Street's 
 indebtedness to him. Capt. Paterson, of the navy, certified that this property 
 received at Mound City was worth about $75,000. Johnson undertook the man- 
 agement of the case in February, 1871 ; on the 15th of the month he writes to 
 Whipple & Stickney. 
 
GARFIELD THE FRIEND OF ROBESON. 161 
 
 AN INTERESTING CORRESPONDENCE. 
 1 have presented Fayette Huneerford' 8 papers to the secretary. ♦ * ♦ ^jqj 
 
 there cannot be an adjustment till after the 4th of March. 
 
 These letters of Johnson, the intimate and confidential friend of Robeson, to 
 Whipple & Stickney, are very interesting, and we quote liberally therefrom : 
 
 Mat 3, 1871, he writes: I had yesterday and to-day discussing the case of Hungerford at the 
 Navy Department— that is, the question of the sufficiency of proofs. I found it worse than bad 
 policy to press it during the session, and agreed to lay it over, * * * j a^ nnjte 
 
 satisfied with the matter, except that it is not clear that there is any money to pay it. I think there 
 is, and shall endeavor to fi^nd it, in case I get an order." 
 
 By June 8, 1871, Johnson was so far progressed that he thought it time to re- 
 ceive his and his friends share. He wrote, among many other things, the following : 
 "I have encountered a good deal of trouble in your case; some of it, I fear, insurmountable. 
 * * * I have made no proposition of compromise whatever, nor would I do so with- 
 
 out your advice and consent. 1 wish to consult 3'our principal, and if he is willing to take §40,000 1 
 will go to work on new propositions of adjustment. Meanwhile, be assured that I will at any time 
 surrender the papers without compensation to myself. # * * They are always 
 
 difficult (old matters), and in nine cases out often it is impossible to work them out. I do not want 
 to influence your client in the least, but * * * j would think him lucky to get 
 
 $40,000. 
 
 JunbO, 1871. * * * A compromise needs a power of attorney; and to enable 
 
 me 10 speak by authority I must have such power, which must be full; that is, to demand and re- 
 ceive of the Navy Department the amount that shall be found due on the claim, giving me abso- 
 lute power to adjust the same at my discretion. * * * rpj^g matter has to be 
 worked up a little at a time. 
 
 June 17, 1871. * * * Now, what I want is a full power of attorney in my own 
 
 name. * * * I am certain that the terms I make are decidedly best for your cli- 
 
 ent. If you and he think not, then I will surrender the papers. 
 
 June 22, 1871. * * * tj^^ claim is very old. * * * By 
 
 the original agreement I was to have $15,000 of $75,000; but the wording of your memorandum is 
 15 per cent. I would like a prompt answer, as I have but little time to work up the matter. So 
 far from wishing you to confirm these terms I would prefer to surrender|the papers, for really I do 
 not like the case. But having gone so far, if you feel yourself authorized to say to me that I may 
 collect the claim and pay you §40,000, 1 will proceed. 
 
 "I MUST CHANGE MY TACTICS "—WHAT IT COST. 
 Jttlt 1, 1871. I may now add that I have been pressing the Hungerford claim, and expect to 
 get the necessary reports within a few days. It is just one of those old things which is valueless 
 if not nursed and worked up with great care. I have undertaken it so as to secure $40,000 to Hun- 
 gerford and leave myself out of it, beyond my expenditures, nominally ^10,000, but really not 
 more than eight. The truth is, in ordinary hands the claim is good for nothing except to present to 
 Congress, which really makes it valueless. I am confident shall work it off within a short time; 
 and, in doing so, shall do your client a very great favor. I think I have gotten rid of the difficulty 
 in the way of payment under the act of July, 1870, requiring unexpended balances to be covered 
 into the Treasury. * * * i would recommend you to get from Hungerford an 
 
 assent to receive a specific sum of money, on the basis of my payment to you when the claim is 
 allowed, of $40,000. * * * AllI can pay is $40,000 to you, no matter what is al- 
 
 lowed, and that you should distinctly say to Hungerford. My arrangement, verbally made, was $15,- 
 000 for my fee, and I then said it was hardly likely that more than $60,000 would be paid. 1 found 
 that, to get any sm^to/Jwld, I must change my tactics; and to do so I would be required to incur a 
 large expenditure. * * * i have written you in all candor and to avoid 
 
 all dispute. It is a question if $t>0,000 is allowed, or whatever sum, whether your 
 po<rcr IS sufficient to accept $40,000 and close the concern. Your authority through 
 Mr. Whipple to me, is absolute, that you will accept $40,000 ; and your power to comprom- 
 'se is complete, but it must be a compromise with the government, not with me. You instruct me to 
 settle on payment of $40,000 to you. That, of course, is sufficient for me; but I don't want to close 
 out this thing and leave anybody to quarrel about. All old claims are su^picUms; and any payment, 
 if proclaimed, would be condemned. You understand me. 
 
 THE WORTHLESS CLAIM PAID— A $35,000 FEE. 
 
 Jttlt 6, 1871. When I want Hungerford, will telegraph you; don't want any more papers, I think. 
 July 13, 1871. Send your receipt to me for $40,000 in full, and draft attached to Riggs & Co., 
 and possibly to-morrow, almost certainly, draft will be paid. 
 
 On July 14, 1871, Johnson received $75,000 for the Hungerford claim, as per 
 the following voucher on file ia the Fourth Auditor's office: 
 
 The United States Navy Department to S. M. Johnson, attorney for Fayette Hungerford, Dr., 
 Tor property and materials furnished the naval station at Mound City, prior to June 30, 1870, sev- 
 enty-five thousand dollars. Total, $75,000. Approved in duplicate for $75,000, payable by Pay- 
 master Edwin Stewart, at Washington, from the appropriation of contingent yards and docks, 
 1860-'70. 
 
 GEORGE M. ROBESON, 
 
 Secretai-y of the Navy. 
 
 Navt Department, Jult 12, 1871. 
 
 Rec'd Washington, D. C, July 14, 1871, of Paymaster Edwin Stewart, seventy-five thousand dol- 
 1«., in full, for &e above. S.M.JOHNSON, 
 
 $75,000. Attorney for Fayette Hungerford. 
 
 11 
 
162 GARFIELD THE FRIEND OF ROBESON". 
 
 This claim was of doubtful nature. In the language of Johnson, it " was good 
 for nothing except to present to Congress, which really makes it valueless." It never 
 would have been paid if it had been presented to Congress, because, as Johnson 
 said, "all old claims are suspicious, and any payment, if proclaimed, would be con- 
 demned.'^ And yet Robeson not only paid it, but designated an appropriation, out 
 of which it should be paid, that Congress had made for an entirely different pur- 
 pose. The manner in which it was done, the language of Johnson: " 1 found 
 that to get any sort of a hold, I must change my tactics, and to do so I would be 
 required to incur a large expenditure-," the payment of only $40,000 to the claim- 
 ant and the division of $35,000 — just how nobody ever found out — all these 
 circumstances speak as plainly as words could. 
 
 STILL ANOTHER ONE PAID. 
 
 Another utterly worthless claim which had been rejected by Secretary Welles — 
 that for the Steamer Governor, amounting to $52,000, less than half of which 
 reaches the claimants — was paid by Robeson in a like illegal and suspicious 
 manner. Here, again, Johnson was the attorney, aided by one S. P. Brown, a 
 defaulting navy agent who had set up under Robeson's protection as a naval 
 contractor and general broker for Navy Department business. 
 
 These frauds were not the only things charged against the administration of 
 the Navy Department during the first term of Robeson. His connection with the 
 Cattells was made notorious by the Blair investigation. The press was ringing 
 with charges against the manifest jobbing practised in the navy department. Mr. 
 Beck of Kentucky and other Democratic members of Congress, whose long service 
 on the Committe of Appropriations had made them familiar with the manner in 
 which Robeson was squandering the people's money, in season and out of season, 
 urged a reduction ot appropriations and the setting up of additional safeguards, 
 but Gen. Garfield, in charge of the appropriation bills, as chairman of the com- 
 mittee, defended Robeson and strenuously resisted every effort to call him to 
 account or to restrict his power in the future. Mr. Beck, on one occasion, in- 
 stanced the payment out of the appropriation for current expenses of the navy, of 
 the Secor claim, in defiance of the act of July 13, 18G8, and insisted that such 
 things should be made impossible in the filture, but his proposed restrictive 
 legislation was resisted by Gen. Garfield. 
 
 THE VAST SUMS ROBESON SQUANDERED. 
 
 It was a well-known fact, often iterated and reiterated and never denied, thit 
 
 in addition to the large annual appropriations for the navy, Robeson was in the 
 
 receipt of large sums of money from sales of ships, including stores and other 
 
 public property. But the annual appropriations were large enough to attract 
 
 attention. 
 
 For the fiscal year ending June 30, 1870 $22,206,591.64 
 
 For the fiscal year ending June 30, 1871 19,867.i529.36 
 
 For the fiscal year ending June 30, 1872 21,729,924..53 
 
 For the fiscal year ending June 30, 1873 23,730,815.89 
 
 For the fiscal year ending June 30, 1874 30,859,.347.46 
 
 For the fiscal year ending June 30, 1875 21,400,055.43 
 
 For the fiscal year ending June 30, 1876 18,919,935.36 
 
 $148,714,199.67 
 
 This enormous sum of $148,714,199.67 was appropriated for the navy during 
 the first seven years of Robeson's administration, while Gen. Garfield was Chair- 
 man of the Committee of Appropriations. And this in addition, be it remem- 
 bered to the amounts realized by sale, barter and exchange of ships, engines, 
 boilers, machinery and other public property, the original value of which was 
 
GARFIELD THE FRIEND OF ROBESON. 163 
 
 fully $100,000,000. And, notwithstanding all this money disbursed, it was a fact 
 notorious to the whole world, the shame of the country and the reproach of all 
 naval officers at home and abroad, that the American navy was year by year 
 growing more and more worthless. We were not able to cope on the seas with 
 even fourth and fifth-rate powers. 
 
 DID NOT GEN. GARFIELD KNOW THESE FACTS? 
 
 He was in a position of all other public men to know them! He was bound to 
 know them! As the Chairman of the Committee of Appropriations it was his 
 duty to know them ! Not only was the records of the navy and every other 
 department of the government open to him, but he could summon before his com- 
 mittee every employee of the navy department from its chief to the doorkeepers, 
 and require an explanation of every item of the estimates and an account of the 
 disbursement of every dollar previously appropriated. More than this, all the 
 otBcers of the navy on duty at Washington or coming thither during the session 
 of Congress were within his reach. Many of them were necessarily before his 
 committee. Some of them, it is true, were demoralized by the degeneracy 
 naturally following in the train of Robeson's mal administration, but there were 
 officers who were still proud of their high calling and ready on all proper occa- 
 sions to speak sadly and almost in tears of the constant and rapid destruction of 
 the navy and the degradation of the service. No! Gen. Garfield cannot, dare 
 not plead ignorance. 
 
 WHAT THE DEMOCRATIC HOUSE DID. 
 
 When the Democratic majority of the House of Representatives assumed con- 
 trol, December, 1870, one of its first acts was to direct an investigation of the 
 Navy Department to find out something. The Committee on Naval Affairs was 
 charged with the duty. The Committee of Appropriations, under the efficient, 
 honest and vigilant chairmanship of Samuel J. Randall, was, in the meantime, 
 not idle. The appropriation for the navy for the fiscal year ending June 80, 
 1877, was $14,959,935.36— - $6,384,950.16 below the average of the annual appro- 
 priations during the seven preceding fiscal years. It is true that Robeson, in 
 defiance of law, and it is believed corruptly^ within the last month of his admin- 
 istration, incurred liabilities and made disbursements largely from the pay fund 
 of the navy, which created a deficiency for that fiscal year of $2,003,801.27, which 
 Congress had to provide. This reduces, of course, the saving Mr. Randall and 
 the Democratic House effected in their first year to $4,263^088.88, but they were 
 not responsible for this. The amount they appropriated was ample, had the 
 administration of the navy department been honest, to have met all its legitimate 
 demands. 
 
 Robeson's suddenly acquired wealth. 
 
 The Naval Committee of the House was all this time digging energeti- 
 cally into the mountainous corruption of the Navy Department. Their 
 discoveries were astounding. They had but to scratch the surface and some 
 hidious corruption was disclosed. First and foremost they proved what was 
 before well known, that when George M. Robeson was made Secretary of the 
 Navy he was comparatively poor. James M. Scovel, a leading Republican of 
 New Jersey, intimately acquainted with Robeson for many years, whose cousin 
 was, at one time, Robeson's law partner, testified: " I know that he was a very 
 poor man, and was so reputed in Camden." The returns of Robeson, under the 
 income law corroborated this evidence, for his sworn income in 1869 was only 
 $1,000, and during 1866 and 1863 he swore he had none whatever. Following 
 
164 GARFIELD THE FRIEND OF ROBESON. 
 
 in this line, the committee found that within a few months after he became 
 
 Secretary of the Navy Robeson opened large bank accounts with five different 
 
 institutions. These bank accounts showed, at one time, the following plethoric 
 
 financial condition: 
 
 State Bank at Camden, New Jersey * ^52,713.12 
 
 Bankins;-hou8e of Jay Cooke & Co. t 55,118.00 
 
 First National Bank at Washington, D. C. $ 95,777.12 
 
 Banking-house of Drexel, Morgan & Co.§ 35,213.62 
 
 Banking-house of Riggs & Co., Washington, D. C. J 228,724.75 
 
 $467,546.61 
 
 And during this time Robeson was engaged in no legitimate business. More- 
 over, his financial condition was such, when he began his official life, that he 
 could have secured no very great capital with which to have begun business or 
 with which to have speculated. 
 
 HIS FRIENDS, THE CATTELLS. 
 
 He owed his position in Grant's Babinet to the influence of Mr. Borie of Phila- 
 delphia and Alex. G. Cattell, then Senator from New Jersey. Mr. Cattell, 
 undoubtedly, is chiefly responsible for Robeson, for whatever Mr. Borie did in 
 his behalf was doubtless due to his relations with Cattell. Therefore, it is 
 interesting to trace the relations of Robeson and the Cattells after the former's 
 office life begun. The books of Messrs. A. G. Cattell & Co. show what these rela- 
 tions were. The bookkeeper of this firm, in his explanation of their books to the 
 Naval Committee, showed that the firm deposited money from time to time with the 
 Camden State Bank for the use of Robeson. The books also proved that their rela- 
 tions with him were so close that the latter occasionally loaned them his notes for re- 
 spectable amounts, and in March, 1876, two of these notes amounted to $10,000. 
 These same tell-tale books disclosed a "present" of $250 to "the secretary," and 
 under the head of " Security " the payment to Robeson for " campaign purposes " 
 of $3,000 at one time. 
 
 Again, there was a joint real estate speculation at Long Branch. Mr. E. G. 
 Cattell, brother of A. G., testified that about the time the latter went to Europe 
 as the Financial Agent of the Treasury Department, to supervise Syndicate opera- 
 tions, he took charge of building two cottages " on the Beach at Long Branch" 
 — one for his brother, the other for Robeson — and that he paid out of the firm's 
 (A. G. Cattell & Co.) funds $13,582.29, the cost of Robeson's villa. And, more- 
 over, he further admitted that up to that time in 1876 there ad been no settle- 
 ment with Robeson on account of this transaction. There were joint real estate 
 speculations, also, in Washington. They purchased lots on Sixteenth street. 
 They cost $22,000. A. G. Cattell paid $11,000 cash for his half interest; Robe- 
 son, $3,000 cash and his notes for $8,000. The notes found their way to Jay 
 Cooke & Co. , and A. G. Cattell, through E. G. Cattell, paid them at maturity. 
 There was never any adjustment of this account. 
 
 THE FIRM OF A. G. CATTELL & CO. 
 
 were commission merchants, doing business in Philadelphia. At the time, or 
 shortly after Robeson became secretary, A. G. Cattell withdrew from this firm 
 and the business was continued under the old name, with E. G. Cattell and his 
 sons as the parties interested. A. G. Cattell withdrew gradually from tRe busi- 
 
 * Pages 213 to 225, Philadelphia, from July 1, 1869, to November 7, 1871. 
 
 t Pages 206 to 207, Philadelphia, from April 4, 1872, to June 16, 1873. 
 
 t Pages 295 to 303, miscellaneons, from July 31, 1869, to September 4, 1873. 
 
 S Pages 264 to 265, from September 20, 1873, to August 1 1874. 
 
 I Pages 304 to 309, from October 16, 1873, to AprU 4, 1876. 
 
GARFIELD THE ERIEKD OF ROBESON. 165 
 
 ness his share of the capital, which was $105,539.42. At the time he withdrew 
 the books show that E. G. Cattell had no capital and owed A. G. Cattell 
 $7,223.95. How E. G. Cattell was able to do a flourishing business and rapidly 
 pay his brother $105,539.42, besides accumulating in a few years a handsome 
 fortune, will not appear strange as we proceed. This concern did not begin to 
 do a navy business. Indeed, it appears that beyond furnishing five or six thou- 
 sand dollars worth of flour or grain per annum, the firm proper had little to do in 
 this line. E. G. Cattell knew a trick worth a great deal more — one that required 
 no capital to be invested and no risk to be incurred. 
 
 HOW CATTELL SOLD HIS INFLUENCE. 
 
 He simply sold his influence with the Secretary of the Navy. His brother, 
 A. G. Cattell and Paymaster General Bradford, who afterwards, in connection 
 with A. G. Cattell, transacted the confidential business of saving the firm of Jay 
 Cooke, McCulloch & Co., in London, from bankruptcy, with the Navy Pay Fund, 
 assisted E. G. Cattell to dispose of his "influence" in the best market, William 
 Mathews, of 54 Catherine street. New York, was an old naval contractor. He 
 had done a vast deal of business in times past, through Bradford, when he was 
 only a paymaster. About the time Paymaster-General Bradford was going to 
 Europe, he casually mentioned to Mathews that he was going to have serious 
 competition— that A. G. Cattell, of Philadelphia, were about to go into the busi- 
 ness of furnishing naval supplies, and it would be a wise thing to make an 
 arrangement with them. Mathews is a shrewd man and knows a thing or two. 
 He is always willing to pay a reasonable percentage for profits, if they are con- 
 stant and large. Bradford suggested that the Cattells would be in New York 
 shortly, and he would introduce them. This was done. An arrangement was 
 made, which resulted very profitably to all concerned. There was no evidence 
 obtained by the Naval Committee to show that Bradford was in any way inter- 
 ested in this arrangement. Bradford, however, at his death, left evidence which, 
 if it is made public, will throw a strong light on these transactions and disclose 
 very peculiar relations between himself, the Cattells and Mathews. 
 
 The argument was that E. G. Cattell was to aid in every way he could to throw 
 business into Mathews' hands, and was to receive five per cent, on the gross 
 amount of all he did with the Navy Department. This was some time in 1870 
 or 1871. Mr. E. G. Cattell testified in regard to it as follows : 
 
 Did you pay any capital into the business ? A. No, sir. 
 
 What were you to do ? A. All I could, and what I could. 
 
 What you could do in what direction ? A. In any direction that would help in the business. 
 
 Were you to buy property f A. No, sir. 
 
 Were you to measure property ? A. No, sir. 
 
 Were you to handle or store property ? A. No, sir. 
 
 Were you to manufacture property ? A. No, sir. 
 
 Were y»u to see to the delivery of property ? A. No, sir ; except it should become neccseanr. 
 ^. I have gone pretty well over that ; what were you to do ? A. I was to do anythinj; I could ; 
 my business was to find out what would be likely to be needed; watch the papers, see the advertise- 
 ments ; keep my mind and self always in constant exercise of what ought to be sold or contracted 
 for to the Department, and report to him. 
 
 Q. Were you not, by your agreement, to exercise any influence yon possessed with the officers 
 of the Navy Department ? A. Influence and ability; wherever and whatever influence and ability 
 I had I was to use. 
 
 Mr. Mathews explained what he understood the agreement to be, as follows : 
 
 On my part it was an arrangement to prevent his interfering with my business; and in carryiilg 
 out that arrangement, I think, as a rough estimate, I have paid him from four to Ave per cent, on 
 the amount of business. 
 
 This business, in a very few years, less than five, amounted to $3,000,000, and 
 Cattell received something more than $150,000 as his share. 
 
166 GABFIEI.D THE FRIEXD OF ROBESON, 
 
 Robeson's INTIMACY with these scoundrels. 
 The relations between the Cattells, Robeson and Mathews all this time were 
 exceedingly intimate. Mr. Mathews' place of business is 54 Catherine street, a 
 locality which is not usually frequented by ladies of the leau monde, and yet it 
 appeared by Mr. Mathews' books that Mrs. George M. Robeson did her shopping 
 there. And, moreover, her account there was invariably settled by Mr. Cattell. 
 Not only this, but Secretary Robeson, when in need of any articles in New York, 
 would send Mathews word, and he would meet him at the Fifth Avenue Hotel 
 and supply his wants. On one occasion he was going a-fishing, and wanted an 
 oil-coat, and accordingly Mathews met him at the Fifth Avenue, bringing with 
 him his qualities for him to select from. Mr. Cattell testifies that Robeson was 
 aware of his relations to Mathews : 
 
 Mr. Robeson, then, knew of your arrangement with Mr. Mathews ? A. Mr. Robeson did ; 
 'd him I could get a percentage. 
 
 I told 
 
 HOW THE CATTELLS BLED OTHER CONTRACTORS. 
 
 The Cattells did not sell their influence to Mr. Mathews alone. He had the 
 benefit of his influence in his particular line only. Mr. Cattell kept his business 
 "in his head," and it was impossible for the committee to obtain a complete list 
 of the contractors who paid for his "influence," but the following was verified 
 as to names by outside evidence : 
 
 William Mathews, naval stores, cloth- 
 ing, etc., 5 per cent, on $3,000,000 
 
 J. W. Bigler, timber dealer, 5 per 
 cent on 1,199,046 
 
 W. C. Swift, timber dealer, 5 per 
 cent, on , 1,448,6^2 
 
 Caryl & Co., timber dealers, 5 per 
 cent, on 
 
 Cramp & Son, shipbuilders, 5 per 
 cent, on 863,441 
 
 D, S. Stetson, shipbuilder . 
 
 Hamnxett & Neal, coal dealers 
 
 Total $7,211, 
 
 The amounts paid Cattell could not always be ascertained, even roughly, but 
 he "guessed " he had received from the following dealers "about " the sums set 
 opposite their names : 
 
 D. M. Noblitt, coal dealer, | « «,. ^f «^ e-rnn nnn 
 
 D. & J. Noblitt, " P P'^- <^^- °^ 8700,000 
 
 Goodwin, baker and flour dealer Unknowr 
 
 Alexander, provision dealer " 
 
 Post, wire rope " 
 
 Re8c?inger & Co., lumber dealers " 
 
 Mitchell, candles •' 
 
 Col ton, Treasurer of Dredging Co " 
 
 Water Proof Company " 
 
 Knowlton, machinery " 
 
 Lubbock & Co., beef packers " 
 
 William Mathews $150,000 
 
 J. W. Bigler 30,000 
 
 W.C.Swift 50,000 
 
 Alexander 5,000 
 
 D. M. Noblitt I „. f^ 
 
 D. & J. Noblitt f ^^'^^ 
 
 Camp & Son 40,000 
 
 Hammett&Neal $ 500 
 
 D. S. Stetson 2,000 
 
 Water Proof Company 4,000 
 
 Goodwin 5,000 
 
 $221,500 
 
 Cattell was always uncertain as to the amounts he received, as the following 
 extract from his evidence will show : 
 
 Q. How much did Post pay you ? A. I do not remember that now. 
 
 Q. Give me some general estimate of how much you received, without being precise ? A. I 
 could not tell that. 
 
 Q. What did you estimate your receipts from Bigler ? A. It would be an impossibility to name 
 the amount ; it may have gone up to $30,000. 
 
 THE GENERAL BLACKMAILING OP MATHEWS. 
 
 Mr. Mathews did not get off with his five per cent, to Cattell and his supplies 
 
 to Robeson's family. Nearly every official of the Navy Department, the n,avy 
 
 yard at Brooklyn and the Purchasing Paymaster's oflice at New York were his 
 
 debtors. 
 
 By Mr. Harris (Republican) of Mass.: "Now, Mr. Mathews, I ask you if, during the last two 
 years, the head of the Navy Department has not been your debtor ; if every paymaster who has 
 been stationed at New York city has not been your debtor ; if every clerk in the Navy Ajjent's 
 office in New York city, and every one connected with the Bureau of Provisions and Clothing at the 
 navy yard has not been your debtor ; if the Disburdiflg Clerk of the Navy Departuieut here, the 
 
GARFIELD THE FRIEND OF ROBESON. 167 
 
 principal clerk, and the next clerk to him in the Bureau of Provisions and Clothing ; if the Quarter- 
 master of the Marine Corps and the Assistant (Quartermaster and his clerk, Mr. Marks, have not 
 been your debtors ? A. To a great extent that is true. 
 
 Not only were the clerks of the Navy Department with whom he came in con- 
 tact leeches upon him, but those in the Comptroller's and Fourth Auditor's office 
 of the Treasury Department, where his accounts passed, bled him. His old 
 ledgers were filled with unsettled accounts against this class of public officials. 
 In addition, his note ledger showed various sums of money loaned — to J. S. 
 Delano, of the Second Comptroller's office, $500 ; John F. Denson, chief clerk 
 to Paymaster-General "Wilmough, $300 — and not one of them ever paid. 
 
 OTHER GENERAL BROKERS OF NAVY BUSINESS. 
 
 The business of " General Brokers " for Navy Department business was not 
 monopolized by the Cattells. They did the largest part of it, but there was 
 enough left to throw a few fine plums into a half dozen other shops. 
 
 Mr. "William J. Murtagh, proprietor of the National Republican, official organ, 
 Police Commissioner of Washington, who furnished detectives to spy upon the 
 movements of the editor of the New York Sun and his Washington corre- 
 spondent, and to set up jobs on Mr. Whitthorne, Chairman of the Naval Com- 
 mittee, sold his "influence " with Robeson in one instance for $4,000 to sell a lot 
 of timber for George P. Wallace, and again for $10,000 to put through a claim 
 of Joseph L. Savage, rejected by Secretary Wells, for $21,719.58. 
 
 S. P. Brown, erstwhile defaulting Navy Agent, then. Naval Contractor, sold 
 his influence for $40,000 or more to put through the claims, rejected by Secretary 
 Wells, for the steamers Governor and Louisville. 
 
 The following table of "rejected claims " by Robeson is tabulated from official 
 sources. They do not include all this class. Only the most prominent and noto- 
 rious have been selected. In every one of them large sums were paid by the 
 claimants for "influence." 
 
168 
 
 GARFIELD THE FRIEND OF EOBESON. 
 
 LIST OP SOME OP THE WORTHLESS CLAIMS PAID. 
 
 Name of Claim. 
 
 Secor. 
 
 Governor 
 
 Ames 
 
 Engineers 
 
 Clara Dolson 
 
 Matthews 
 
 Tllton & Wheelwright. 
 
 Belknap. 
 
 Bonsall 
 
 Lonisvllle.... 
 
 "Hungerford 
 Total.... 
 
 Amount al- 
 lowed or 
 paid. 
 
 $93,000 00 
 
 52,000 00 
 
 21,719 58 
 
 216,015 38 
 
 20,000 00 
 
 9,450 00 
 
 81,968 61 
 
 *32,000 00 
 
 21,000 00 
 130,832 00 
 
 4,615 00 
 
 ♦82,000 00 
 
 75,000 00 
 
 $789,590 57 
 
 Former ac- 
 tion. 
 
 Rejected , 
 
 Rejected. 
 
 Remarks. 
 
 That is to say, the Secors had presented their 
 claim to Congress ; it had been acted on ; the 
 amount ascertained upon reference to the 
 Secretary of the Navy, Mr. Welles, and they 
 had accepted the amount which the act of 
 Congress said should be in full discharge. 
 Secretary Welles passed upon this claim and 
 rejected it. S. P. Brown, employed for his 
 influence, does nothing, and, with S. M. John- 
 son, receives one-balf the claim. 
 Original claim for $31,559.93, of which $9,838.35 
 allowed by Secretary Welles; balance disal- 
 lowed, lavage employs Murtagh, for his in- 
 fluence, to collect this; is successful, and pays 
 Murtagh $10,000, 
 Secretary Welles states the history of this claim 
 in his proof. It was a claim founded on a 
 contract to make certain guns. They were to 
 pass inspection; they never did. 
 This was for services voluntarily tendered the 
 government during Secretary Welles's ad- 
 ministration of the navy, which understand- 
 ing he rejected. 
 Subsequently to this, claimant presented to 
 Congress balance of this claim. Why should 
 he not have done so as to this amount ? It was 
 paid, as In the case of the Governor, to the 
 attorney. 
 Presented, so far as record shows, first in May, 
 1873 ; allowed in November, by order of the 
 secretary. E. G. Cattell receives fee of 
 $10,000 for his influence and services; upon 
 face of approved bills said to be for reserva- 
 tions withheld on account of duties chai-ged, 
 etc.— a false suggestion or a suppression of the 
 tmth. 
 This claim was examined into by Committee on 
 Naval Expenditures. 
 
 Belknap was dismissed from navy by Presi- 
 dent Johnson. At that time he was in de- 
 fault $130,832, which it was alleged was 
 stolen from him at Brooklyn Navy Yard. 
 Secretary Welles, in dismissing him, two 
 years after date of alleged robbery, stated 
 that he had not applied for relief to Con- 
 gress, etc. The circumstances of this case 
 are altogether peculiar, and one which 
 should have been examined into by court- 
 martial or Congress before the allowance of 
 his pay and the amount of his alleged defal- 
 ^ cation. 
 
 Attorney representing claimant was A. C. Sco- 
 vel, former partner of the secretary. Pav al- 
 lowed to claimant when not an official of the 
 navy. 
 This claim was rejected by Secretary Welles, 
 whose account of it is wholly different from 
 the present secretary's. The claimant was 
 represented by S. P. Brown. 
 This claim has been commented on. See below. 
 
 ♦About. 
 THE BOLDEST OPERATION OP GEORGE M. ROBESON 
 
 Was his use of the Navy Pay Fund to sustain the banking house of Jay Cooke, 
 McCulloch & Co., in London. The foreign account of ^the navy had been kept 
 from 1815 with the justly celebrated house of Baring Brothers & Co., London. 
 They were not only reliable, but all during our civil war they were true friends 
 of the Union cause, and by liberal and assiduous efforts had contributed largely 
 
GABFIELD THE FRIEND OF ROBESON. 169 
 
 to the maintenance of our credit abroad during tliat troublous period. More- 
 over, Congress, by an act passed in 1844, provided : 
 
 That no person shall be employed or continued abroad to receive and pay money for the use 
 of the naval service on foreign stations, whether under contract or otherwise, who has not been, or 
 shall not be, appointed by and with the advice and consent of the Senate. 
 
 The appointment of Baring Brothers having been made in 1815, this provision 
 did not apply to them, but, without its violation, their successors could not be 
 appointed unless "by and with the advice and consent of the Senate." Never- 
 theless, Robeson did, of his own motion, in May, 1871, remove the foreign pay ac- 
 count of the navy from Baring Brothers and appoint Jay Cooke, McCulloch & 
 Co. their successors "to receive and pay money for the use of the naval service 
 on foreign stations." 
 
 In an oflScial letter of May 15, 1871, addressed to Baring Brothers & Co., he 
 
 assigned to them the reasons for the change : 
 
 I beg to assure you that this change in no way grows out of any dissatisfaction dt any kind on 
 the part of the department with your house, which has for so many ^ears and eo acceptably trans- 
 acted its foreign financial business, but is the result solely of the opinion entertained by the de- 
 partment that the establishment in London of respectable houses of purely American origin and 
 character makes it in every sense becoming and desirable that the government business should be 
 entrusted to some one of them. 
 
 In a private letter of May 23, 1871, addressed to Henry Clews, Robeson as- 
 signed the following reasons for the change : 
 
 "political as well as financial reasons." 
 
 My Dear Clews : I have your letter of the 19th instant, in regard to the appointment of a fiscal 
 agent of the government abroad. I am sorry I was absent when you were here, for I could have 
 explained to you personally, much more fully and satisfactorily, the situation of this matter. The 
 truth is, that the Navy Department really has no fiscal agent abroad, but has hitherto kept its ac- 
 count with Baring Brothers «fc Co., of London. This account I transferred about the first of the 
 present month to Jay Cooke's house abroad. This I did for the broadest political as well as finan- 
 cial reasons, looking to the good of the service abroad as well as strengthening the party and ad- 
 ministration at home. The house of Jay Cooke & Co. has, as you know, large and extended in- 
 terests and influence throughout the country. Their connection and influence with the national 
 banks; with the Pennsylvania Railroad, which controls the State of Pennsylvania, and which, ab- 
 sorbing the Camden and Amboy Railroad, now controls New Jersey, and stretches from its west- 
 ern terminus across many of the Western states far toward the Pacific; their interest in the North- 
 ern Pacific, and their general interest in the country, make them very powerful friends when 
 actively interested in the success of the administration, and dangerous enemies, in vital localities, 
 when indifferent or unfriendly. These were some of the considerations which influenced me, and 
 which would have still influenced me, had I known of your application, which I did not at the time 
 when I acted. In addition to this, they are entirely an American house, without any connection 
 with any foreign person or interest, and having been largely connected with the financial operations 
 of the government during the war, and contributing largely to its success in connection with local 
 men like yourself, it seemed to be proper, under the circumstances, that this account should be 
 given to them. 
 
 WHERE THE FINANCIAL REASONS CAME IN. 
 
 The appointment undoubtedly was largely due to "the broadest political as 
 well as financial reasons." The Cookes, all powerful, then had brought their in- 
 fluence to bear on Grant, and he indicated his desire to have the change made. 
 But this was not all. The relations of A. G. Cattell to the C.ookes was of the 
 most imtimate character. The house of Jay Cooke, McCulloch & Co. was 
 established in London to enable them to figure more conspicuously and profitably 
 in the Syndicate operations, as well as to aid their Northern Pacific enterprise. A. 
 G. Cattell was to be the financial agent of the government in London, to repre- 
 sent it in the Syndicate transactions. The opportunities for percentages, per- 
 quisities and other profits would be great. The establishment of a house of 
 ' ' purely American origin and character " would aid in the direction, and make 
 more convenient and confidential "crooked" transactions. It was here that 
 "the financial reasons" for the change came in. The change was made. It 
 placed in the- hands of Jay Cooke, McCulloch & Co. several million dollars annu- 
 ally. The concern was ostensibly started with a million dollars capital, but in 
 reality it depended entirely upon the government money in its custody, from the 
 
170 GAEFIELD THE FEIEND OF EOBESON. 
 
 Syndicate operatioDS and the naval foreign pay account, to carry on its business. 
 This was not only sufficient for this purpose, but the house of Jay Cooke & Co. 
 was enabled, when the financial stress, which caused the panic of 1873, began to 
 be felt, to draw upon the London house largely. At the time of their failure 
 Jay Cooke & Co. was indebted to Jay Cooke, McCulloch & Co. about $1,800,000. 
 
 WHAT FOLLOWED THE PANIC OP 1873. 
 
 On the 18th of September, 1873, the panic began with the failure of Jay Cooke & 
 Co. The disaster was widespread and ruinous in its effect. Wise men had seen the 
 danger afar off. Samuel J. Tilden, in February preceding, pointed out the im- 
 pending financial crash, and predicted its culmination in the coming fall. But the 
 adminstration of the government was totally unprepared for it. Prompt and 
 ordinarily sensible measures would, however, have immediately made the govern- 
 ment secure against any losses abroad. It had an inconsiderable amount of the 
 Navy Fund in the hands of Jay Cooke, McCulloch & Co., and the government, as a 
 preferred creditor, could readily have made itself safe by asserting its claim against 
 the property of Jay Cooke & Co. in this country, as well as against the bondsmen 
 of Jay Cooke, McCulloch & Co. This, however, would have bankrupted the latter 
 concern and ruined A. G. Cattell, one of their sureties. Measures were promptly 
 taken — not to save the government, but to sustain Jay Cooke, McCulloch & Co. 
 The government was actually indebted to Jay Cooke, McCulloch & Co. £37,758, 6s. 
 on the 18th of September, 1873. It is true that a requisition. No. 2024, was drawn 
 July 2, 1873, in their favor, for $205,714 5s., but a time draft for that amount was 
 sent, and, as the record shows, was not due and was not paid till September 22, 
 1873 — four days after the failure of Jay Cooke & Co. But even admitting that 
 the government was in honor bound to pay this draft, which it could have 
 stopped — there being no evidence then or since that it had passed into the hands 
 of innocent holders — still, it only made the government creditor of Jay Cooke, 
 McCulloch & Co. in the sum of £166,932 2s , or less than $900,000. 
 
 JAY COOKE, M'CDLLOCH & CO. SUSTAINED WITH THE PEOPLE'S MONEY. 
 
 In this condition of things, what did Robeson do ? On September 17, 1873, 
 he had drawn a requisition for $1,000,000 on the pay fund of the navy in favor 
 of Jay Cooke, McCulloch & Co. The Secretary of the Treasury, September 18, 
 1873, stopped the draft issued on this requisition in transitu to New York. Robe- 
 son not only had this order revoked and countermanded and the money go 
 forward to Jay Cooke, McCulloch & Co. , but between September 24 and 27, 
 1873, he sent forward an additional amount of $381,333.35. 
 
 He immediately communicated by cable with Paymaster-General Bradford, 
 then abroad, directing him to report at once to London, and again, in defiance of 
 the Act of 1844, sent him a commission constituting him an extraordinary fiscal 
 agent " to receive and pay money for the use of the naval service on foreign 
 stations." He also communicated with A. G. Cattell, giving through him par- 
 ticular and definite instructions to Bradford for the protection and care of Jay 
 Cooke, McCulloch & Co. He established a secret cipher with both Cattell and 
 Bradford, by which they could communicate with him by cable. He authorized 
 Bradford to open accounts with the Bank of England and the banking house of 
 Williams, Deacon & Co. , and other concerns, and to borrow on the credit of the 
 United States whatever sums of money he might require to pay the drafts drawn 
 on Jay Cooke, McCulloch & Co. by naval paymasters on foreign stations, in order 
 to leave that concern the large amount of money of the United States he had for- 
 warded them after the panic, September 18, 1873. This Bradford did, his accounts 
 
GAEFIELD THE FRIEND OF ROBESOK. lYl 
 
 with the banking house of Williams, Deacon & Co. showing that more than 
 once he borrowed money for this purpose on the credit of the United States in 
 sums reaching nearly if not quite a million dollars. And further, the records 
 show that Robeson, in order to enable Bradford to meet liabilities incurred in 
 this and other ways, anticipated appropriations, drew from appropriations made 
 for one fiscal year and applied the money to liabilities incurred in a preceding 
 year, all in defiance of express legislation to the contrary. 
 
 WHO SUFFERED AND WHO DIDN'T. 
 
 3y these acts, done in violation of law, the pay of officers and sailors was di- 
 verted to an illigitimate object, and at one time the naval corps was more than 
 six months unpaid. The unfortunate officers suffered the greatest hardships, and 
 the country rang with their complaints. Bradford was detained in London for 
 several years at this illegal work. In the meantime, the government had obtained 
 a lien upon a lot of railroad iron, bought by Jay Cooke & Co. for the Northern 
 Pacific Railroad, and, by being held preferred creditors, in one way and another, 
 by hook and by crook, finally managed to make itself whole for the amount 
 advanced by Robeson to sustain Jay Cooke, McCulloch & Co. But if the expense 
 and all other things are taken into consideration, it was largely a loser by the 
 transaction. 
 
 A. G. Cattell, however, did not suffer in any way by the transaction. As the 
 agent and attorney of the Navy Department, he had control and manipulation of 
 many millions of collaterals pledged to secure the advance to Jay Cooke, McCul- 
 loch & Co., consisting of banking paper, 23,000 tons of railroad iron and the 
 individual estate of Mr. McCulloch, upon all of which he drew a percentage as his 
 fees. 
 
 ROBESON'S MANIFOLD VIOLATIONS OF LAW. 
 
 The Naval Committee, moreover established by irrefragible proofs that Robe- 
 son had disregarded the law : 
 
 In failing to advertise for supplies, macerials and other articles required by the department. 
 
 In not requiring proper bond and sureties from those who made co»tract8 and agreements 
 with the department, now being«required in the majority of cases. 
 
 In not, in a single instance, prosecuting and enforcing the law against defaulting contractors. 
 
 In making payment in advance of work and complete delivery, a bare-faced instance of which 
 exists in the case of the contractor for the destruction of the " Hero " and the " Piscataqua" at the 
 WashiuKton navy yard, the contractor in this case dropping the job when it ceased to be profitable, 
 and leaving the government without any adequate protection against his default. 
 
 In permitting contractors to be relieved from the fulfillment of their contracts Tvhen it was 
 apparent that their failure to do so originated from a fraudulent purpose. The method of these 
 frauds was as follows: At the regular annual lettings, articles for which bids were invited were 
 scheduled in classes. A knowing or favored contractor would take a certain portion of the 
 articles which he knew would be largely demanded, and on these fix large prices, and then on a 
 vast number of other articles, which he knew would not be wanted entire, he would bid low. 
 When the bids came to be scheduled in the department, the prices would be arranged, and thus 
 the favored contractor would appear to be the lowest bidder. He would furnish the large quantities 
 for which his bids were high, and then the department actually not requiring the quantities of the 
 other articles on which his bids were very low, he would be relieved from delivery. 
 
 It was also established that gross frauds and abuses were made easy on the 
 
 government because the system of inspection under Robeson was a sham. This 
 
 was especially the case in the acceptance of live oak from certain contractors. 
 
 In one single instance, in which S. B. Brown and John Bigelow, a friend, by the 
 
 way, of Paymaster-General Bradford, were the contractors, they got pay for 
 
 60,000 feet before — months before — it was delivered. And again, when timber 
 
 was rejected by one inspector at a navy yard, it was sometimes shipped to 
 
 another, and order obtained from Robeson to receive it. 
 
 THE NAVY YARDS TURNED TO POLITICAL ACCOUNT. 
 
 To prevent the use of the naVy yards as political machines, Congress at differ- 
 
172 GARFIELD THE FRIEND OF ROBESON. 
 
 ent times enacted stringent laws regulating the employment of workmen. The 
 Acts of March, 1867, June, 1868, and May, 1872, provides, among other things: 
 
 First. That master workmen in the various navy yards should be men skilled in their several 
 duties. 
 
 Second. That no officer or employee of the Government should require any workman to con- 
 tribute any money for political purposes, and that no workman should be removed or discharged 
 on account of his political opinion; and 
 
 Third. That laborers should be employed in the several yards by the proper officers in charge, 
 with reference only to skill and efficiency, and without regard to other considerations. 
 
 These enactments were systematically disregarded.with the knowledge of Robe- 
 son. The Committee on Naval Affairs, after a thorough examination of this 
 abuse, was satisfied that during elective years fully $1,000,000 per annum was 
 used through the navy yards for corrupt partisan purposes. The following 
 illustrates Robeson's methods of accomplishing this political debauchery with the 
 public money. 
 
 [Private.] 
 
 Boston, Mass., Oct. 23, 1874. 
 My Bear Commodore : I wish you would approve requisition for men to be employed, as they 
 may be, made until 1st of November. 
 
 Some fifty additional men have been allowed from the Chelsea district, and I suppose some more 
 will be required from Gooch's district. 
 
 The administration desire the success of Gooch and Frost. 
 
 Yours, very respectfully, J. HANSCOM. 
 
 To Commodore E. T. Nichols, U. S. N., Commandant. 
 
 [Telegram.] 
 
 Wajhikgton, Feb. 21, 1873. 
 Commodore J. C. Howell Commandant Navy Yard: 
 
 As the Monongahela is wanted, you may employ forty men on her in addition to present force. 
 Give N. H. a large share. J. HANSCOM, 
 
 Chief Bureau Const, and Repairs. 
 
 HOW AND WHAT IT WAS DONE FOR. 
 
 This was for the benefit of New Hampshire Republicans at their spring 
 elections. At the time of these communications elections were pending in the 
 states of New Hampshire and Massachusetts respectively. Orders for labor and 
 the assignment of the amount of money to be expended at the different yards are 
 made by the Secretary of the Navy through the heads of bureaus. No command- 
 ant of a navy yard, nor any oflficer there, can, of his own free will, originate any 
 work or determine the amount of money to be expended. This is done entirely 
 by the department at Washington. Hence, when any political purpose is to be 
 accomplished, as, for instance, at Norfolk, when an election is pending, the 
 Galena, or some other vessel that has been nominally undergoing repairs for the 
 last three or four years, is ordered by the chief of the bureau at Washington to 
 be worked upon, and a given amount of money is set apart for that purpose, of 
 which the ofiicers at the Norfolk navy yard are duly notified. So at Boston, 
 another vessel is ordered to be worked upon ; a certain amount of money is set 
 apart for it by the chief of the bureau, and instructions are given accordingly. 
 
 An examination of the rolls of the various navy yards show that during the 
 month preceeding elections and the month in which the election is held, the 
 force of employees are double and sometimes quintuple what it is in the same 
 month in years when there are no important elections. 
 
 ANOTHER OF ROBESON'S METHODS OF EVADING THE LAW 
 
 was to make contracts with favorite contractors to repair certain ships. The 
 law forbids the expenditure of any money or the incurrring of any liabilities, un- 
 less in pursuance of appropriations specifically made. Robeson got around this 
 by giving certain contractors contracts to repair vessels and take part pay from 
 material. A small piece of iron would be taken, say from the Puritan, and about 
 it would be built an entirely new ship, into which went the old iron from three or 
 
GAEFIELD THE FRIEND OP ROBESON. 173 
 
 four other vessels. Other vessels were broken up, and the old material, iron, 
 copper, wood and machinery, bartered or exchanged for new material. Sixteen 
 ships were destroyed in this way, and always to the advantage of favored con- 
 tractors. All this was in violation of law, or without authority of law. The 
 Secretary of the Navy possesses no right whatever to destroy a vessel belonging 
 to the United States. He possesses power to sell at public sale any " vessel and 
 material" of the United States Navy that "cannot be advantageously used, 
 repaired or fitted out.'' If in his judgment such sale could not be advantageously 
 made, it is his duty to report to Congress the fact and obtain authority to make 
 other disposition of the property. 
 
 THE SYSTEM OP BARTER AND EXCHANGE 
 
 was confined to the old material of ships ; but the Bureau of Provisions and 
 Clothing did a large business in the same way with Mr. Mathews, to his and the 
 Cattell's advantage. In all, some $15,000,000 of the property of the United 
 States was thus privately and without competition disposed of by Robeson. The 
 terms on which the old iron was exchanged Hon. Abram S. Hewitt, of Cooper, 
 Hewitt & Co., perhaps one of the most competent experts in the country, pro- 
 nounced "most extravagant, wasteful and improvident." He declared that the 
 contract with Seyfert, McManus & Co., by which 4,538,781 pounds of old iron 
 was exchanged at the rate of eight pounds of old for one of new, was outrageous, 
 and that the treasury of the United States was robbed thereby. He asserted 
 that if the iron trade of the country had had any knowledge of the disposition 
 about to be made, and a chance to compete had been given, the government 
 could have readily obtained three cents a pound for the old iron. 
 
 The catalogue of Robeson's misdemeanors is almost interminable. He violated 
 the law in not awarding contracts to the lowest bidders ; in giving contracts 
 without advertisement and without competition ; in making purchases of large 
 quantities of supplies privately; in permitting contractors who were favorites to 
 rule navy yards ; in countenancing sinecurists ; in permitting the use of govern- 
 ment property and material for private purposes ; in applying money appropri- 
 ated for one purpose to another. 
 
 THE RUIN OF THE NAVY THE RESULT. 
 
 And what was the result of all this jobbery; all these violations of law; all 
 this shameless corruption and maladministration? Up to the period of which 
 we now speak he had spent more than $150,000,000; what was there to show for 
 it? As to the efficiency of the navy we quote briefly from a great number of 
 opinions given by officers of the navy upon its condition at that time : 
 
 Vice Admiral Rowen: Our cruising vessels of war, as compared with the navies of the principal 
 powers, are inferior; lamentably so in speed. 
 
 Rear Admiral Leroy: The vessels of our navy are inferior in construction, armament, speed and 
 other properties to nearly all the vessels I have met belonging to foreign powers. 
 
 Rear Admiral Pennock: It compares unfavorably with other navies. 
 
 Rear Admiral Almy: The speed and efficiency of the United States vessels of war are, in gen- 
 eral, inferior to those of the vessels of war of other powers. 
 
 Rear Admiral C. R. P. Rogers: As compared with the navies of the chief foreign powers, I think 
 onr own Inefficient in its more powerful ships. 
 
 Rear Admiral Stnbllng: I am not favorably impressed with the efficiency of our navy as com- 
 pared with that of other countries. 
 
 Rear Admiral Lee: It is mortifying and humiliating to witness the amount of scarcely more 
 than naval trash that has been turned out, and of which our navy, as to vessels, is now in a large 
 degree composed. 
 
 Rear AdmiralJenkins: Fifteen or twenty years since we had the credit of having, vessel for 
 vessel, those superior to any in foreign naval service; now none so poor as to do us honor by 
 offering us praise. 
 
 Rear Admiral Sands: There is not much doubt that our navy has gone backward in efficiency. 
 
 Rear Admiral Emmons: We have gradually dwindled from a third to a sixth or eighth-rate 
 power. 
 
 Commodore Amman : Our vessels are, I fear, in general, inferior in speed, especially under steam, 
 to those of the same classes in the better foreign navies. 
 
174 GAEFIKLD THE FRIEND OF'^OBESOX. 
 
 The opinions of a score of other officers to the same effect could be added. It 
 would be supererogation. The fact is undeniable that our navy is worthless. 
 When Robeson became secretary, in 1869, there were 203 vessels on the register. 
 Eight sloops of -war and two torpedo boats were, by authority of Congress, built 
 during his administration. Three more were purchased. The Committee on 
 Kaval Affairs estimate that Robeson to 1876 expended $170,000,000, used or dis- 
 posed of the material of 70 ships of war, and contracted liabilities amounting to 
 several millions of dollars, and yet the navy was in a worthless condition. Ad- 
 miral Porter gave it as his opinion that at least 60 or 70 million dollars of the 
 money expended by Robeson would have been saved by a wise and honest admin- 
 istration. The Naval Committee of the House declared that if it had been hon- 
 estly expended, our navy would have been at once the pride of our own people 
 and the admiration if not the envy of other nations. The responsibility for all 
 this waste of public money, for the- degradation of the service, the demoralization 
 of the bureaus of the department, the same committee traced directly to the Sec- 
 retary of the Navy. 
 
 GENERAL GARFIELD OPPOSES FURTHER INVESTIGATION. 
 
 The above is an outline only, hurried and incomplete, of what the Naval Com- 
 mittee of the House, during the Forty fourth Congress, discovered and reported. 
 In the judgment of its members, and everybody else who had knowledge on the 
 subject and an honest desire to see the bottom facts laid bare, there remained a 
 great many other things to be inquired about. This was the judgment of the 
 majority of the House at the beginning of the Forty-fifth Congress. Accordingly, 
 on December 14, 1847, Mr. Fernando Wood reported from the Ways and Means 
 Committee a resolution which, among other things, directed the Committee on 
 Naval Affairs to further prosecute the inquiry begun in the preceding Congress. 
 The Republicans, under the leadership of Gen. Garfield, made sturdy opposition 
 and raised every imaginable point of order against it. Upon one occasion Gen. 
 Garfield said: 
 
 I desire to make a point of order upon this series of resolutions as not being a privileged report 
 from the Committee of Ways and Means at any time, and it does not relate to revenue or anything 
 which, under rule 151, the Committee of Ways and Means ii? charged wiih, and upon wliich it is 
 
 permitted to report at any time. Therefore, to-day, when that committee is not undercall, this ia 
 "ast'd re 
 The Speaker overruled the point of order. 
 
 not a privileged report from the committee. 
 
 The merits of the resolutioii were discussed, and Gen. Garfield, still with a view 
 
 to debating it, said: 
 
 The gentleman from New York (Mr. Wood) is well aware there could have been perfect unan- 
 imity in the Committee of Ways and Means as regards the reporting of this resolution, if the clause 
 giving power to send for persons and papers from all parts of the country, of sending for private 
 citizens everywhere, had been left out. 
 
 Mr. Wood reminded Gen. Garfield that unless that power was given the 
 proposed inquiry would amount to nothing. There could be no investigation 
 without witnesses and papers. 
 
 This, of course. Gen. Garfield knew perfectly well. The power to send for 
 persons and papers, as he had experienced on more than one occasion, was dan- 
 gerous only to those who had something to conceal. His object was to defeat the 
 inquiry and prevent further exposure, which would be not only damaging to his 
 friend Robeson, but to his party. The only way to prevent the adoption of the 
 resolutions was to prevent their consideration. The Republicans, therefore, under 
 Gen. Garfield's lead, filibustered all that day. (See Record, ml. 7, part 1, 2d 
 Sept., 45ih Cong., pp. 227-231 ) 
 
 FILIBUSTERING TO PROTECT ROBESON. 
 
 The next day the same tactics were resorted to By filibustering, action was 
 
GARFIELD THE FRIEND OF KOBESOIT. llH 
 
 prevented till after the holiday recess, for Congress had previously resolved to 
 adjourn till January 10, 1878. During all this filibustering. Gen. Garfield was 
 the leader of his side. {See Hecord, Ibid, pp. 237.246.) 
 
 ' When Congress reassembled, January 10, the fight was resumed. Gen. Gar- 
 field still led the opposition. Referring to the investigation of the Navy Depart- 
 ment at the preceding Congress — the results of which we have summarized in the 
 preceding pages — Gen. Garfield said that no one believed that it was worth what it 
 cost. Mr. Clymer, of the Committee of Appropriations, called him to task at 
 once, and said that the results of that inquiry had enabled his committee to effect 
 vast savings. This discussion took place in the Committee of the "Whole, where 
 the yeas and nays could not be called, and Gen. Garfield and his friends succeeded 
 in amending the resolution in a way which would, if finally adopted, have ren- 
 dered nugatory the proposed investigation. In the House, however, the yeas and 
 nays were called, and the resolution, as originally reported, was adopted on a yea 
 and nay vote. Gen. Garfield voted no. {Ibid, p. 290.) 
 
 WHAT WAS FOUND DURING THE FORTY-FIFTH CONGRESS. 
 
 Under this resolution the Naval Committee reported to the House Feb- 
 ruary 21, 1879. They showed from official records from the close of 
 the f-scal year, 1870, to the close of the fiscal year, 1877, $173,674,170.36 
 had been expended; that, in addition, there was a deficiency for the 
 fiscal year, 1877, of $2,003,861.27 ; a further amount, necessary to pay 
 bills, approved that year, of $8,217,738.76, and contingent liabilities incurred 
 during the same year of $3,600,263.09. So that Robeson, in addition to millions 
 of material sold, bribed and exchanged, had disbursed in eight years the sum of 
 $182,496,033.48. He left a navy which, according to Republican Representative 
 Harris, of Massachusetts, was— . 
 
 In comparison with the leading naval powers of the world, in a very humiliating and unsatis- 
 factory coudition. 
 
 The present Secretary of the Navy, in his first annual report, recited tlie con- 
 dition in which he found things upon assuming control. He said : 
 Robeson's successor tells unpleasant truths. 
 
 On March 1, 1877, the indebtedness of the Bureau of Steam Engineering to sundry individuals 
 and companies, for balances due upon contracts made before that lime— 
 
 For machinery, boilers, &c., was $1,454,694 3-3 
 
 For materials, stores, «fcc., was.. 206,852 75 
 
 Total 1,661,547 08 
 
 On March 3, 1847, contracts were made hj the department for work on account of the iron-dads 
 Puritan, Monadnock, Terror and Amphitnte, aggregatins^ $1,165,000, each of which contained a 
 provision that no portion of the money should be. paid until appropriated by Congress. 
 
 Contracts* were also made March 7 and March 10, 1877, for boilers for the '1 uscarora, Narragan- 
 pett. Snowdrop and Dictator, amounting to $331,621.09, making a total indebtedness of this bureau 
 March 10, 1877, $3,158,168.77. As there was no ivoney appropriated by Cmigress subject by law to be 
 appli.dtoimymentsqfworkclone vnder the coutracts made subsequent to March!, 1877, these con- 
 tructb were suspended, and the oi'der of suspension has not been revoked. 
 
 To tlie above aggregate of indebtedness sh uld be added, for necessary purchases, &c., from 
 MarclJ 1 to July 1, 1877, the sum of $5,747.29, making the total indebtedness of the Bureau of Steam 
 Engineering to July 1, 1877, $3,163,915.47. 
 
 THE INDEBTEDNESS OF THE BUREAU OP CONSTRUCTION AND REPAIR, 
 
 As ascertained up to March 1, 1877, was, upon bills in requisition of navy paymasters, $185,680 ; 
 a<crued bills not drawn, $8.3,558.71; for labor at navy yards, $27,949.76; and bills held by parties 
 and available only after an appropriation to meet the same was made by Congress, $547,609.64. 
 Large quantities of timber had been contracted for, part of which had been delivered and another 
 part was to be thereafter delivered. That part to be delivered was contracted for by orders from 
 the bureau, which, having been issued when there was no money on hand to pay the bills and 
 without advertisement arid competition, were all suspended. 
 
 A contract was made by the department February 8, 1877, for the impregnation and preservation 
 of timber, for which it was agreed to pay $14,000 for one hundred thousand feet of timber, and be- 
 yond that qutuitity ioMX cents per cubic foot, with further conditions in reference to the execution 
 
176 GARFIELD THE EEIEND OF ROBESON". 
 
 thereof. This contract was also suspended for the same reason as those referred to above, and ia 
 not therefore embraced in the foregoing estimate of indebtedness, as the amount to be paid undei 
 it, if executed, is indefinite. 
 
 THE INDEBTEDNESS OF THE BUREAU OF PROVISIONS AND CLOTHING. 
 
 On March 1, 1877, for bills for provisions, was $55,846.31; for clothing, $385,189.08; for small 
 stores, $88,500; and for freight, $3,935.91 ; making a total of $473,471.30. It is due to the manage- 
 ment of this bureau, however, to say that there was due to it on account of clothing issued and 
 checked against pay of the navy, $339,200.23, and that it was indebted to pay of the navy on ac- 
 count of purchases and expenses of storehouses abroad, $225,742.77; for clothing, $3,489.05, and for 
 contingent expenses, $4,548.30, making a total of $233,780.12. So that, in striking the balance be- 
 tween this bureau and pay of the navy, the latter fund remains in debt to it $105,420.11, for which 
 there has been no transfer. The bureau has also unsettled balances with the other bureaus and the 
 hospital fund, as follows: The other bureaus are indebted to it in the sum of $8,779.80, while it is 
 indebted to them and the hospital fund $4,946.96, leaving $3,832.84 in its favor. If these adjust- 
 ments were all made between the bureaus it would, therefore, reduce the indebtedness of this 
 bureau to $364,218.35. But as all the money appropriated for the last fiscal year has been expended, 
 and no portion of that appropriated for the present fiscal year is applicable to the adjustment of 
 these balances, the indebtedness of the bureau cannot be relieved in any other way than by the ap- 
 propriation of the whole amount of $473,471.30 by Congress. 
 
 It the sums covered by these suspended contracts be held as chargeable against the Bureaus of 
 Steam Engineering and of Construction and Repair, the total indebtedness of the three bureaus is 
 $7,083,503.25. 
 
 EXTRAVAGANCE AND NO NAVY. 
 
 From these it will appear that, with "no navy," large expenditures of public money, and vast 
 quantities of public property disposed of, there existed at the close of Mr. Robeson's administra- 
 tion an indebtedness, actual and contingent, of $7,083,503.25 in the Navy Department— an indebt- 
 edness not warranted by law, since indebtedness cannot legally be made by any agent of the gov- 
 ernment except by the consent and authority of Congress. That one department of the government 
 should be found in this condition; that agents of the government who were the sworn executors of 
 the law, and who stood in high places, should be so unmindful of their obligations and duties as to 
 involve the faith of the government in such large amounts, and that, too, in times of profound 
 peace, was startling. 
 
 It was with such an exhibit before them that the committee of the Forty-fifth 
 
 Congress entered upon the investigation. 
 
 A TERRIBLE SHOWING. 
 
 The committee reported that — 
 
 In the year 1865 there were borne on the Naval Register the names of some six hundred and fifty 
 vessels; there was then also on hand a large number of engines, boilers, machinery, stores, and 
 materials, the aggregate cost, if not value, of which was from two hundred to three hundred millions 
 of dollars. Up to 1869 there had been sold over four hundred of these vessels; the majority of 
 them were of less cost than those retained, and no very large amount of materials had been dis- 
 posed of— leaving, in 1869, and just prior to the administration of Mr. Robeson, two hundred and 
 three vessels in the navy, together with a large quantity of materials and stores^ not attached to 
 ships, but being in the different navy yards or the country. Now, within these eight years, there 
 have disappeared from the Naval Register the names of about seventy vessels, aud there have been 
 added to the register eight. Of the seventy which have disappeared, five have been lost at sea; 
 forty six have been sold, and their proceeds paid into the treasury; three have been sold, and their 
 proceeds paid over or credited to contractors, and twenty have been destroyed by order of the 
 secretary or his subordinates, and the materials " cut up," paid over or credited to contractors. 
 Large quantities of materials, such as engines, boilers, plate, iron, &c., have also been sold and 
 delivered to or bartered or exchanged with contractors. 
 
 Assuming the estimate hereiuoefore made approximates correctness, and calling attention to 
 the fact that the account of stores in the then indebted bureaus shows a diminution of stores (ex- 
 cept in the item of live-oak timber in the Bureau of Construction), we have this showing, viz: 
 
 Expenditures in money • .- • • $182,496,033 
 
 Public property sold, used and consumed principally for construction and motive 
 
 power, which cost the government $100,000,000, one half of which is charged 50,000,000 
 
 Total $232, 496,033 
 
 Of the public property disposed of privately there were — 
 
 31 vessels, original cost $13,775,837.52. .Realized $542,524.47 
 
 21 vessels, original cost 12,614,390.45. .Realized 429.983.73 
 
 Provisions and small stores, original cost 525,640.47 . . Realized in trade 205,536,39 
 
 From the Bureau of Steam Engineering millions upon millions of pounds — 
 
 engines, complete and incomplete, boilers, shafting, propellers, tubes, iron and 
 
 brass and composition, which must have cost forty or fifty millions of dollars. 
 
 Recapitulating, the committee say: 
 
 MILLIONS OF PROPERTY BARTERED AWAY. 
 
 Four vessels, costing $3,002,390.48, have been sold without advertisement, the proceeds of three 
 of which have not been paid into the treasury, twenty vesBela cut up and destroyed, coeting 
 
GARFIELD THE FRIEND OF ROBESON. 177 
 
 $12,614,394.35, their material soldaa old Bcrap, and proceeds exchanged: multiplied millions of ma- 
 terial from the Bureau of Steam Engineering, consisting of engines, boilers, complete and incom- 
 plete, iron, copper, brass and composition, costing a vast sum of money, has been sold, bartered and 
 exchanged for sums of money not greatly in excess of the cost of destruction, but the proceeds of 
 which have not been paid into the trea'^ury; large quantities of provisions and clothing have been 
 sold, bartered and exchano:ed, costing large sums of money, for small prices, but the proceeds of 
 which have not been paid into the treasury, and all of which, except in case of clothing, should have 
 been done. Not being paid into the treasury, it has been applied, as stated by the actors in this 
 so-claimed "barter "and exchange business," to useful purposes. Suppose it be admitted, for the 
 nonce, that this immense amount of public property was so used, it is replied, in the first place, 
 that there was no authority under the law so to use it; secondly, a report of the disposition should 
 have been made to Congress; thirdly, it was an application of the proceeds of public property 
 without the knowledge of or an appropriation by Congress. 
 
 THE LAWS OP 1872 VIOLATED. 
 
 This disposition of the public property was in direct violation of the acts of 
 Congress, approved May 8, 1872, and May 23, 1872. These acts were intended 
 to prevent exactly what Robeson did. At the close of the war the War and Isavy 
 Departments having a surplus of material of war on hand, began to dispose of it. 
 Congress, noting this, and that the property was not only sacrificed, but the money 
 realized was not turned in to the treasury, thought proper to restrict the powers 
 of the executive officers of the government. The Act of May 8, 1872, provided 
 that all proceeds of sales of material, condensed stores, supplies, or other public 
 property of any kind, shall be deposited and covered in to the treasury as miscel- 
 laneous receipts, and shall not be withdrawn or applied except in consequence 
 of a subsequent appropriation. And the Act of July 23, 1872, regulated the man- 
 ner of sale by the secretary of the money of such vessels and materials as in his 
 judgment cannot be advantageously used, repaired or fitted out. It also required, 
 before such sale, public notice by advertisement in some leading newspaper in at 
 least four of the principal cities of the United States, which should state the 
 number of vessels and the amount of materials proposed to be sold, together with 
 a description thereof, and when and where the same could be examined. Full 
 report was to be made to Congress by the Secretary of the Navy of all his acts 
 under the act, the property sold, the parties buying, the amount realized, and, 
 further, required all moneys received on account of the sales to be covered in to 
 the treasury. Not one of these requirements of the Acts of May 8 and May 23, 
 1872, were complied with by Robeson, but every one was violated. 
 
 In concluding their report, the committee say : 
 
 HUNDREDS OF THOUSANDS OF DOLLARS TO "PROCURERS." 
 
 Your committee are thoroughly satisfied that large sums of money have been lost to the govern- 
 ment by this disregard of the law ; and if any additional evidence were wanting, it is to be found 
 in the existence of " Cattellism " in the naval service, wherein hundreds of thousands of dollars 
 have been paid to " procurers " for their services and influence in securing and obtaining contracts 
 with the bureaus of the Navy Department. 
 
 There remains but one other question suggested by the defense to these alleged violations of the 
 law, and that is, whether any punishment is enacted and provided by the law. It is urged that it is 
 incumbent to show a fraudulent intent in the violation of the statutes; and that, again, the separate 
 statutes referred to as having been violated are without penalties. 
 
 Your committee submit in reply, waiving any consideration of how far the common law or the 
 local criminal' laws of the District may be applicable, that by section 5439, Revised Statutes, it is 
 provided and enacted that " Every person who steals, or embezzles, or knowingly applies to his 
 own use, or who unlawfully sells, conveys or disposes of any ordnance, arms, ammunition, cloth- 
 ing, subsistence stores, money or other property of the United States furnished or to be used for 
 military or naval service, shall be punished as prescribed in the preceding section," which punish- 
 ment is, as stated, imprisonment at hard labor for not less than one nor more than five years, or a 
 fine not less than one nor more than ten thousand dollars. 
 
 THE PLEA OP ROBESON DISPOSED OP. 
 
 Now, it is urged that this law was only intended for the soldier or sailor, or petty violator of 
 the law. Such is not the reading of the statute or the act from which it was codified. But again, 
 it is here said that the "fraudulent intent " must appear or be shown. To this it is replied that 
 such is not the reading of the law. If punishment was sought for " stealing," the felonious intent, 
 it is admitted, must be shown ; so in the case of a charge of " embezzling." And in the case of 
 " application of public money or property to the person's own use," it is probable that a fraudulent 
 intent would be required to be shown, yet this is doubtful under the words of the statute ; but 
 where one unlawfully sells, conveys or disposes of public money or property, the averment and 
 
178 GARFIELD THE FKIEND OF EOBESOX. 
 
 proof of fraudulent intent is not required under the statute, nor is it necessary to the offense. The 
 averment and proof of a fraudulent intent would make it one of the other offenses of the statute. 
 They are distinct offenses, with distinct ingredients. In the case of the sale, conveyance or dis- 
 position of public money or public property, the evident meaning of the statute is that it shall be 
 done alone by the warrant and sanction of law ; otherwise it is unlawful and an offense punish- 
 able as prescribed. 
 
 WHO ARE RESPOiS'SIBLE. 
 
 And, in further discharge of their duty, your committee now say that it is apparent from the 
 whole proof in this investigation, that for the indebtedness of the navy existing at the time said 
 investigation commenced, and that for the unlawful sale and disposition of large amounts of valu- 
 able property belonging to the naval service, and the unlawful disposition of large sums of the 
 public money appropriated to the naval service, George M. Robeson, late Secretary of the Navy ; 
 VV. W. W. Wood, late Chief of the Bureau of Steam Engineering ; Isaiah Hanecom, late Chief of 
 the Bureau of Construction and Repair, and Chiefs of the Bureau of Pro\isions and Clothing since 
 1872 to March, 1877, are chiefly responsible. 
 
 Therefore, in the opinion of your committee, that the law may be vindicated, and respect for 
 its mandates maintained, it is the duty of the House to mark its condemnation of the illegal 
 practices of these former officers of the Navy Department, and to invoke the attention of the Ex- 
 ecutive Department of the government, upon which rests the responsibility of further action in 
 the premises, to these violations of law; and accordingly your committee submit for the favorable 
 consideration of the House the following resolutions : 
 
 CONDEMNATION. 
 
 Hesolved, That the acts and conduct of the late Secretary of the Navy, George M, Robeson, and 
 of the late Chiefs of the Bureaus of Steam Engineering, Construction and Repair, and Provisions and 
 Clothing, and who were such since May. 1872, and as referred to in this report, as well as all others 
 aiding and abetting therein, in the sale and disposition of public property, in their method of mak- 
 ing contracts and in involving the government in indebtedness over and beyond the appropriations 
 made by Congress for the support of the navy, deserve and should receive the severest censure and 
 condemnation. 
 
 Resolved Jurther, That it shall be the duty of the clerk of the House of Representatives to de- 
 liver certified copies of the testimony taken before the Committees on Naval Affairs and Naval 
 Expenditures of this House, together with the reports of t-aid committees and the views of the 
 minority, to the President of the United States, the Attorney-General and the Secretary of the 
 Navy. 
 
 ANOTHER COMMITTEE CONDEMNS, ALSO. 
 
 Tlio Committee on Expenditures of the Navy Department also presented an 
 investigation of that department, directing its inquiries especially to the acts of 
 Robeson during the last months of his administration. Their report fully cor- 
 roborates that of the Committee on Naval Aff^rs. The Committee on Naval 
 Expenditures report : 
 
 That in their investigation of the expenditures of the Navy Department they found- 
 Extravagance and disregard of legal restraint have been recognized at almost every step pre- 
 vious to the beginning of the present administration of the department. 
 
 We discovered that a major part of the indebtedness was incurred several years ago, on ac- 
 count of work done and material furnished— long since accepted and used by the government, and 
 payment of which has been rendered impossible, for the reason that the funds in the treasury to 
 the credit of the various bureaus have been recklessly squandered in what are technically known 
 as open purchases, amounting to millioos very often, without competition or advertisement, and, 
 as your committee maintain, in disregard of economy and in gross violation of law. 
 
 Notwithstanding the plain terms of section 3709, open purchases have been the chief mode by 
 which the Navy Department has been supplied with materials; not in obedience to exigency, but 
 vastly in exceee of its needs. 
 
 so THE PLEA OP EMERGENCY FAILS, 
 
 and also the pretext of a threatened war with Spain, which disappeared, after a few months' 
 duration, in December, 1875. The character of this abuse, and under whose auspices it flourished, 
 covering a period of years, is sufficiently indicated by the testimony taken by the committee. 
 
 This violation of law, without warrant in precedent of authority, has depleted the treasury to 
 the extent of millions of dollars, and has been the food on which pampered favorites have fattened, 
 while it has prevented the payment of moneys due a meritorious class of creditors, to such an ex- 
 tent that many have been involved in bankruptcy, and all of them subject to irreparable loss. 
 
 The amount of open purchases and bureau orders within the last few years aggregates more 
 than twenty millions of dollars; all the advantages of an open market have been ignored, fair com- 
 petition avoided, and both the letter and spirit of the law disregarded. 
 
 At the date of the foregoing contracts, amounting to nearly four millions of dollars, there was 
 to the credit of the Bureau of Construction and Repair only gl8,357.94 (see Appendix, page 251); 
 to the credit of the Bureau of Steam Engineering, $36,291.07 (see Appendix, page 245). The out- 
 standing indebtedness at the same date amounted to more than four millions of dollars, exclusive 
 of that incurred by the foregoing contracts. 
 
 It occurs to your committee that the simple statement above is sufficient to indicate 
 
 THE ILLEGAL CHARACTER OP THE CONTRACTS. 
 
 The honorable Secretary of the Navy, in his report, refers to Congress the question whether 
 these contracts shall be ratified. We unhesitatingly recommend their cancellation, and we charge 
 that their execution by the bureau officers, imder the direction of the late Secretary of the Navy, 
 
GAKFIELD THE FKIEND OF ROBESOX. 179 
 
 was a most defiant and inescusablc abuse of power, in the very teeth of express statntes. The 
 provisions of law applicable are found in sections 3709 and 3732, printed in full hereinbefore. 
 
 The late Secretary of the Navy, when cailed before the committee at the instance of the minority, 
 attempted to excuse this violation of law, so far as the third of March contracts are concerned, 
 for the reasons, first, that payment of said contracts was conditional, dependent upon appropria- 
 tions, and that no obligation was incurred— a pretention too idle for refutation ; for if the work had 
 been done and accepted, the government would have been bound in honor to pay for it ; second, 
 that he had acted upon the opinion of Attorney-General Taf t, pronounced in these words, to wit : 
 " The foregoing order (found in Appendix, p. 23) having been submitted to me by the Secretary of 
 the Navy, I state that Iperceive no legal objection to it, and it seems to me judicious and expedi- 
 ent, as well as just." This opinion is dated March 2, 1877, the same date of the order, indicating 
 that the late attorney-general devoted brief time in its preparation, which fact is the only excuse 
 which your committee is able to find for such an opinion from the highest law officer of the govern- 
 ment. 
 
 This opinion it is needless to characterize. Cabinet officers are not at liberty to violate the 
 law, even when advised they may do so by the law officers of the government ; besides, the govern- 
 ing statute precludes any misunderstanding as to its meaning, for its terms are plain and specific ; 
 nor can any exigency be urged to justify the act. 
 
 THE KEPUBLICAI^S AFRAID OF THE llEPORT. 
 
 On February 10th, 1879, Mr. Whitthorne moved in the House to suspend the 
 Rules so as to fix the 20th of that month for the consideration of the report of the 
 Committee of Naval Affairs. The motion was rejected by a vote of 123 to 107, 
 the required two-thirds not voting in the affirmative. All the Democrats voted 
 aye, and all the Republicans no. General Garfield was present and voted no. 
 
 Another attempt was made on the first day of March to fix a day for the con- 
 sideration of the resolutions, and the motion was again defeated, and by almost 
 the same vote as above. {Record, vol. 8, partd, Sdsess. 45th Cong., p. 2256.) 
 
 The Republicans thus refused to permit a vote. They knew well that the 
 House would have condemned the management of the Navy Department bv a 
 large majority if a direct vote could have been reached. 
 
180 GARFIELD CHAMPIONS GEORGE F. SEWARD. 
 
 GARFIELD CHAMPIONS GEO. F. SEWARD. 
 
 FILIBUSTERS TO PREVENT HIS IMPEACHMENT. 
 
 George F. Seward was United States Consul-General at Shanghai. In this 
 position, from 1864 till promoted to be Minister to China, he practised a system 
 of frauds and speculations which soon rendered him notorious everywhere. He 
 charged enormous illegal fees for his consular services ; he assumed the juris- 
 diction of the vice-consuls throughout China, in order that he might increase his 
 fees; he compounded with the Chinese authorities to shield Chinese offenders and 
 criminals as against American complainants; and, for great fees paid him, discon- 
 tinued suits instituted against such criminals and offenders. He was guilty of so 
 many outrageous acts that the American name became odious throughout the 
 East. His crimes became so notorious that complaints were lodged against 
 hin^ at the State Department. 
 
 Unfortunately, the laws regulating consular affairs do not provide that the books 
 of United States consuls shall be subject to official inspection. This weak place 
 in the consular laws enabled Seward to enjoy absolute immunity. 
 
 ROBBING A DEAD MAN'S ESTATE. 
 
 The following are among the illegal acts upon which articles of impeachment 
 were founded by the "Committee on Expenditures in the State Department," 
 at the third session of the Forty-fifth Congress : 
 
 As Judge of the Consular Court at Shanghai, in the settlement of the estate of D. R. Shedding, 
 formerly an American citizen, he charged and exacted from Engene McLaughlin, executor of 
 Sheddings will and his administrator, a fee of S620 for admitting the will to probate. This was in 
 1864. At the time this charge was made McLaughlin's account was before him as executor for 
 allowance, and was allowed by Seward for five per cent, on the amount of Shedding's estate, when, 
 in fact, under the law, McLaughlin was only entitled to one per cent. Seward retained his $B20. 
 against the protest of T. F. Brown, who owned one-half of the Shedding estate. The probate 
 service rendered was a part of the consul-general's regular judicial duties, and for which he was 
 not entitled to receive one cent. 
 
 Benjamin Pease, charged with and proved to be guilty of piracy and murder, was the same year 
 discharged from custody and permitted to go at large without trial. 
 
 In 1875 Vice-Consul Bradford tried and sentenced some American sailors to sixty days im- 
 
 Erisonment for desertion without trial or hearing. One of these men petitioned Seward for a 
 earing to show bad treatment on board ship. Seward refused the hearing and caused the sentence 
 of the petitioner to be extended to ninety days at hard labor on bread and water, and the sentence 
 was duly executed. 
 
 He permitted this Vice-Consul Bradford to sit and try causes and pronounce judgments which 
 were executed; also a man named George Sporter to try a man for murder and sentence him, and 
 enforced the sentence in both cases. Neither of these men had authority to sit as judges, and 
 Seward had no authority to permit them so to sit. 
 
 HE STOLE $20,000 OP GOVERNMENT MONEY. 
 
 In 1865, he took $20,000, being moneys of the United States and known as the Seamen's 
 Relief Fund, of which he was disbursing officer, and converted it to his own use, loaned it to a man 
 named Andrew Anderson and to the firm of Clapp & Co., and to other persons, taking mortgages 
 in his own name, with interest at eighteen per cent., which he pocketed as it fell due. He fore- 
 closed the mortgage as plaintiff before himself as judge, ordered sales under the execution of the 
 ^reclosures, purchased the property sold to satisfy the judgments, and confirmed the titles to 
 himself by order of himself, all the time sitting as judge. This was one of his neatest and most 
 skillful operations. 
 
 Oliver B. Bradford, who was vice-consul at Shanghai and as such deputy Consul-General of the 
 United States, Clerk of the Consular Court, and Consular Clerk of the United States, associated 
 
GAKFIELD CHAMPIONS GEORGE F. SEWARD. 181 
 
 himself with one A. A. Hayes and others in an unlawful scheme to construct a railroad from 
 Woosung to Shanghai, This was contrary to the wishes of the Chinese authorities, and against 
 treaty stipulations; but Bradford bought the right of way, pretending that he was about to build a 
 common highway. Seward was well aware of what his purpose was, and aided and abetted the 
 scheme, thereby causing great scandal and exciting the indignation of the Emperor of China. 
 
 In 1871 Richard Phenix was United States marshal of the Consulate-General at Shanghai, and 
 as such entitled to fees for his services, the salary and perquisites of his office. Seward converted 
 to his own use these fees, to which Phenix was entitled, making no return to the government 
 therefor, but rendered false and fraudulent vouchers therelor. Seward, knowing that the fees of 
 Phenix would be very largely in excess of his lawful salary, made a bargain with Phenix by which 
 the latter received a stipulated sum, and Seward received the surplus derived from Phanix's fees, 
 which he pocketed. He then got vouchers from Phenix for the entire amount of the latter's fees, 
 which he forwarded to the United States treasury and was duly credited for. 
 
 SHAVING THE UNITED STATES. 
 
 As disbursing officer of the United States, charged with receipts and disbursements on account 
 of the Consular Court, all the money received by him was paid in Mexican dollars. Silver was 
 at a premium over American gold and over United States currency. He uniformly paid out the 
 same ailver he received, the receipts being very largely over the payments. But when he made out 
 his quarterly accounts of receipts and disbursements, he doctored them to make them show that 
 the receipts had been in currency of the United States, which had depreciated below the value of 
 United States coin ; that he had been compelled to purchase American gold at a premium for his 
 disbursements. 
 
 In 1876 Seward became Envoy Extraordinary and Minister Plenipotentiary of the United States 
 to China. In this capacity he converted to his own use the salary of the consul-general at 
 Shanghai for the quarter beginning January 1st and ending March 31st of that year. During this 
 quarter O. B. Bradford was acting consul-^neral at Shanghai, and Seward forwarded, or caused to 
 be forwarded a voucher to the treasury in Bradford's name for the amount which he had thus con- 
 verted to his own use. This compensation did not suffice. He also received his salary as United 
 States minister at Peking, China, for and during :he same quarter, the amount of the latter being 
 $2,637.36, and of the former $1,249.98. 
 
 FOR SELF-PROTECTION SAVES BRADFORD. 
 
 On the 27th of March, 1877, in order to conceal the facts that while 'he had been consul-general 
 at Shanghai he had made false vouchers and neglected to pay over consular moneys in his hands, 
 and been guilty of extortion and other crimes as such consul-general, Seward unlawfully 
 removed John C. Myers from the office of consul-general at Shanghai, and appointed in his place 
 O. B. Bradford, who was advised of every one of his misdemeanors. 
 
 After his appointment as Envoy Extraordinary and Minister Plenipotentiary to Pekin, Seward 
 interfered in behalf of O. B. Bradford, vice consul-general at Shanghai, who had been convicted 
 on a charge of embezzlement and was in prison, fie left his post as minister at Pekin and went 
 to Shanghai, where he unlavyf uUy endeavored to procure Bradford's release and discharge from 
 jail. In this he unlawfully used his position as minister to obtain the discharge of a felon, know- 
 ing him to be guilty. He succeeded iu his unlawful purpose. Bradford was released through 
 his manipulation. 
 
 Mr. Springer's committee, investigating and controlling the accounts of the 
 State Department, found it necessary to ask some questions of Mr. George F. 
 Seward, and that gentleman was subpoenaed to come home and bring his books 
 with him. He came, but refused to show his books, claiming that they were his 
 private property. 
 
 THE PART GARFIELD PLAYED. 
 
 Mr. Seward was then held to be contumacious, and was placed in custody. 
 While so under arrest and in charge of the Sergeant at- arms of the House, Mr. 
 Springer, as a question of privilege, presented articles of impeachment against 
 him, containing a long list of charges, of which those above referred to are a 
 portion. The impeachment articles were brought forward on the 3d of March. 
 1879. Previous to that date, on the 22d of February, Mr. Springer, as a question 
 of privilege, endeavored to have Seward brotight before the bar of the House to 
 show cause why he should not be dealt with for contempt. When he presented 
 the proposed order. Gen. James A. Garfield sprang to his feet, saying: 
 
 Mr. Garfield: Let it be understood that all points of order are reserved. 
 
 Mr. Springer offered the report of the committee, with the views of the minor- 
 ity, which were ordered to be printed. 
 
 After this the Republican side of the House, lead by Gen. Garfield, Mr. Hale 
 and others, began to fillibuster in order to defeat every effort to bring Sew- 
 ard to justice. Only one week of the session was left. 
 
 On the 24th of February Mr. Springer called up the reports previously sub- 
 mitted with reference to his contumacy, and asked that the order directing 
 
182 GA.EPIELD CHAMPIONS GEORGE F. SEWARD. 
 
 the sergeant-at-arms to take Seward into custody and bring him to the bar of 
 
 the House, as recommended by the committee, be adopted. Thereupon Mr. Hale 
 
 raised the question of consideration, 
 
 Mr. Garfield: Allow me to make a parliamentarv inquiry . Does the Speaker decide that if the 
 question of consideration were not raised it would be competent for us as a preliminary proceeding 
 to bring this person to our bar before we decide the question presented in this case? The very 
 question how pending as between the majority and minority of the committee is, whether there is 
 any cause for oringiug this man here at all? We ought not to bring him here if there is a proba 
 
 _ ig 
 bility that on hearing the considerations, pro and corT, to be presented by the two branches of t'ie 
 decide that there is nothing requiring him to be brought here 
 
 _ aqu _ 
 fore suggest that we ought not to be called upon to decide the question in "this summary way. The 
 reports 'have only come oefore us to-day. We did not receive the Record yesterday, as we usually 
 do on Sunday; and we have only seen these reports since the session opened this morning. I hope 
 the gentlemen on both sides of the House see the propriety of letting this questioa lie over till to- 
 morrow, when gentlemen can read the majority and minority reports. 
 
 The Speaker said it was a question of privilege. 
 
 Mr. Garfield: Very well; let it lie over for the present. 
 
 The Speaker said the refusal of a witness to answer had always been considered a question of 
 privilege, though he had recognized the right of Mr. Hale to raise the question of consideration. 
 
 VERY ANXIOUS TO KNOW. 
 
 Mr. Garfield: We certainly ought to know all there is about the case before we are called upon to 
 act. 
 
 After more debate, by consent the matter was allowed to go over, to be called 
 up again as soon as the Legislative Bill should be disposed of. 
 
 On the 26th of February Mr. Springer sent a preliminary order to the clerk's 
 desk requiring George F. Seward to show cause why he refused to answer ques- 
 tions put to him by the Committee on Expenditures in the State Department. 
 
 Mr. Conger and other Republicans instituted dilatory propositions, which were 
 kept up until an adjournment was reached. 
 
 On the 27th of February Mr. Springer again called up the Seward matter. 
 
 Mr. Eugene Hale at once raised the question of consideration. 
 
 Mr. Bundy, from the minority of the committee, submitted a resolution de- 
 claring that the reasons already given by Seward for refusing to answer {i. e.,that 
 the consular books wanted were his private books and therefore privileged) were 
 sufficient to excuse his failure to produce them. 
 
 After further skirmishing, Mr. Springer got a vote by yeas and nays on the 
 question of consideration raised by Mr. Hale. The question being "Will the House 
 proceed to the consideration of the question of privilege presented by the gentle- 
 man from Illinois (Mr. Springer)" the yeas were 132, nays 122, not voting 36. 
 This was practically a party vote, only one Republican (Mr. Brogden, N. C), 
 voting with the Democrats. Gen. Garfield resorted to his usual method in such 
 cases, and on the yea-and-nay call dodged. 
 
 The main question was then seconded, after a struggle in which Mr. Conger 
 was somewhat conspicuous. 
 
 Mr. Springer then took the floor and addressed the House upon the question 
 of contumacy which had been raised by Mr. Seward's refusal to exhibit the books 
 of the Shanghai Consulate during his incumbency of that office. 
 
 A long debate followed, upon the conclusion of which the question recurred 
 upon the resolutions of Mr. Bundy, declaring that Seward was excused from pro- 
 ducing the consular books. 
 
 On this question the yeas were 119 to nays 142, not voting 29. This was also 
 .a party vote, and Mr. Garfield voted yea. 
 
 So the Bundy minority report was disagreed to. 
 
 FILIBUSTERING TO SAVE A ROGUE. 
 
 The filibustering continued for some time. 
 
 Mr. Conger moved to adjourn. 
 
 Mr. Springer: Does the gentleman mean to filibuster on this question? The House has 
 
GAKFIELD CHAMPIONS GEORGE F. SEWARD. 183 
 
 ordered a recess at half -past seven o'clock. The House has not adopted the resolutions reported 
 by the committee. The vote just taken was on the minority reeofutions. Does the gentleman 
 Irom Michigan desire to prevent the passage of the resolution ? 
 
 Mr. Conger: I have acted advisedly. 
 
 Mr. Springer: The gentleman, then, desires to prevent their passage ? 
 
 Mr. Conger: I will answer the gentleman after we have taken a recess. 
 
 The Speaker said it was in order to take a recess. 
 
 Mr. Luthell: The whole object is to filibuster and defeat the investigations of the com- 
 mittee. 
 
 Mr. Springer insisted that a vote should be had on the resolution of the majority of the com- 
 mittee. 
 
 Mr. Conger moved to take a recess, which was lost by yeas 87, nays 130, not voting 73. 
 
 Mr. Garfield voted yea. 
 
 The question being on agreeing to the resolution of Mr. Springer, to cite Seward before the 
 bar of the House for contumacy, the vote was taken by a division of the House, resulting in yeas 
 115, nays 1, the Republicans refusing to vote to prevent a quorum. 
 
 Several other dilatory motions were made, followed by votes which disclosed 
 the want of a quorum. 
 
 Finally, Mr. Springer succeeded in having his report agreed to on a rising vote 
 of 105 yeas to 47 nays, five votes more than a quorum. 
 
 On the 28th of February the sergeant-at-arms presented George F. Seward at 
 the bar of the House. 
 
 He was told by the Speaker why he had been placed under arrest, and pre- 
 sented in response a written defense of his recusancy, the principal feature of 
 which was a quotation from the 6th amendment to the Constitution of the United 
 States, declaring that 
 
 No person * * * s?uiU be compelled in any criminal case to be a witness against hiTuself. 
 
 When asked by the Speaker whether he declined to produce the books he had 
 been required to furnish, 
 
 Mr. Seward said: I stand here, Mr. Speaker, for my rights as a citizenand an officer. -So 
 iHg as persons who are my enemies are pursuing me befo 
 and papers which I now hold. 
 
 long as persons who are my enemies are pursuing me before that committee, I shall hold all books 
 
 Debate was then had, during which Mr, McMahon asked Mr. Springer if the 
 witness had made answer under oath that they were private or public books, 
 
 THE ROGUE REFUSED TO CRIMINATE HIMSELF. 
 
 Mr. Springer: I desire to explain that matter. The answer is just this: the witness was not 
 required to be sworn at all before the committee in the first instance; he was only asked to produce 
 these books, and a subpoena was directed to him. I declined to ask that he be sworn; but us chair- 
 man of the committee I put the question to him whether he would produce the books. To tliat 
 question he made no response except that he would answer by his counsel. 
 
 I then asked him the other question, whether he would produce the books at some convenient 
 time, at a meeting of the committee to be held thereafter. To that question he made no other 
 response than an answer by his counsel. Then, by order of the committee, I asked him to take a 
 qualified oath as to where the books could be found. He declined to be sworn and sat mute. 
 Another general oath was tendered to him, not because the committee wanted to ask him any 
 .question, but to save a point which was raised by a member of the committee, that unless he was 
 sworn he could not be regarded as a witness. He refused to take both oaths, and the only object 
 of this proceeding is to secure the books. That is all. 
 
 Considerable debate followed, when Mr. Springer called for the reading of his 
 resolution, declaring the answer of Seward insufficient, and he in contempt, 
 which was done. 
 
 On seconding the demand for the previous question on this resolution, tellers 
 were ordered, and the House refused to second the demand, by yeas 107, nays 
 110. 
 
 Mr. Bundy offered a substitute for Mr. Springer's resolution, which directed 
 that the answer of Seward and all the papers and evidence in the case be referred 
 to the Judiciary Committee, with instructions to report at an early day what 
 action the House ought to take. The resolution was agreed to by yeas 112 to 
 nays 108, not voting 70. Mr. Garfield dodged . 
 
 On March 1st Mr. Springer raised a question of privilege to submit the report 
 of the committee in reference to the impeachment of George F. Seward. 
 
184 GARFIRLD CHAMPIONS GEORGE F. SEWARD. 
 
 Mr. Garfield raised the point of order that the House was then executing an 
 order under a suspension of the rules 
 
 Debate followed and the Speaker ruled that a question of privilege tooK pre- 
 cedence of any other business. 
 
 Mb. Gakfi&li): Then I raise tbe question of consideration npon it. The debate continued 
 with the usual dilatory tactics, terminating in a motion to take a recess till 9J-<^ o'clock a. m. the 
 next day (Sunday). This motion was agreed to by yeas 89, nays 84, not voting 117. Mb. Gabfield 
 (Christian Statesman) voted yjss. 
 
 OARFIELD LABORED TO DEFEAT IMPEACHMENT. 
 
 On March 3d Mr. Springer resumed the floor on the privileged question for presenting articles 
 of impeachment against Creorge F. Seward. The articles were read, as also were the views of 
 the minority, opposing any further action by the House in the premises beyond a reference of the 
 matter to the Judiciary Committee. Mr. Springer moved the previous question on the original 
 resolution of impeachment, and also on the amendment offered by the minority; which was agreed 
 to and the main question ordered. It was the last legislative day. The filibustering to save 
 Seward was likely to succeed. Mr. Springer now held the floor, but Mr. Butler (Mass.) of the 
 Judiciary Committee claimed the right to make a report from that Committee concerning the re 
 solution of contempt which had been referred to them, with instructions to report at an early day. 
 Mr. Butler claimed that this was as much a privileged question as the impeachment matter. I 
 was a cognate subject. * 
 
 A good deal of debate followed in which, in order to further delay and embarrass the proceedings 
 Mb. Gabfield said: ' 
 
 Permit me to say a single word. I desire to call the attention of this House to the fac^ 
 that here is a proceeding begun in the first place by bringing a party before the house for contempt- 
 He is under arrest: he is under our custody, legally and technically. Our hand is upon him; he is 
 by us restrained of his liberty. Now, while that restraint is still upon him, while he is still not at 
 liberty, a proposition is made here to impeach him. Now, we on this side say that the two propo- 
 sitions relating to this party are, first, the question of personal liberty; and, second, the judicial 
 proceeding against him. The personal liberty feature is the higher privilege and ought to be heard 
 first. A man ought to be free when we proceed to impeach him. To put him in jail is law; to 
 strike him while he is in jail, is to say that we will follow the law of Rhadamanthus, to punish and 
 then hear. That is not American law, and is not American liberty. The question of nis liberty 
 ought to be heard first. 
 
 This was mere buncomb. It had just been announced that Seward was dis- 
 charged from arrest. 
 
 The Speaker decided that the Springer resolutions of impeachment were of higher privilege 
 than the proposed report of Mr. Butler. 
 Mr. Banks appealed from the decision. 
 Mr. Springer moved to lay the appeal on the table. 
 Mr. Banks demanded the yeas and nays, which were ordered. 
 
 THEY TOOK THE RESPONSIBILITY. 
 
 After further debate and dilatory proceedings, Mr. Springer said : 
 
 If gentlemen on the other side wish to filibuster until the hour of adjournment to-morrow, 
 for the purpose of preventing one of their own party friends for being impeached for high crimes 
 and misdemeanors, they can do so, but they must take the responsibility for it before the country. 
 
 The filibustering continued, and finally took the shape of a motion by Mr. 
 Conger for a recess of 30 minntee, which was not agreed to. Yeas 17, nays 221, 
 not voting 52. 
 
 Gen. Garfield dodged this vote. 
 
 The House then voted on Mr. Bundy's substitute, referring the whole matter to 
 the Judiciary Committee, and it was rejected by yeas 99, nays 120, not voting 71. 
 
 Gen. Garfield voted yea. 
 
 More dilatory proceedings followed, and Mr. Conger demanded a separate vote 
 on the impeachment resolutions. 
 
 Gen. Garfield insisted on voting on the 17 articles of impeachment separately, 
 and then upon the resolutions of impeachment separately. 
 
 The Speaker ruled that the usual proceeding of the House in similar cases 
 must be followed; that is, to vote on the resolutions first and the several charges 
 afterward. 
 
 On the adoptiou of the resolutions the Republicans left the House without a 
 quorum, the vote standing: yeas 109, nays 16, not voting 165. On this vote Gen. 
 Garfield went with the solid republican side and dodged. 
 A call of the House was ordered, and then withdrawn. Another vote waa 
 
GA.RFIELD CHAMPIONS GEORGE P. SEWAKD. 185 
 
 then taken on agreeing to the resolutions, which disclosed another lack of a 
 quorum, the vote standing yeas 106, nays 2, not voting 182. Gen. Garfield 
 again dodged. There was more filibustering and sharp talk. 
 
 Finally, a compromise was effected by which the main question was recon- 
 sidered, and the subject was postponed untill 11 o'clock a. m. 
 
 This was the final disposition of the case. It was impossible to secure action 
 on the impeachment resolutions, because the Republicans would always leave the 
 House without a quorum. Mr. Springer, knowing that ^there were important 
 measures on the Speaker's table necessary to be acted on, regular appropriation 
 bills, conference reports, and other important bills which it was imperatively 
 necessary to pass, did not desire to consume in a fruitless struggle the three re- 
 maining hours of the session. He had discharged his full duty in the premises. 
 He yielded to the inevitable, and the Republican party, with James A. Garfield 
 as one of its chief managers, took the responsibility before the country of saving 
 from impeachment an officer of the government, tainted with every kind of of- 
 ficial malpractice, guilty of numerous misdemeanors. To-day Gcorge F. Seward 
 is the representative of the United States to the Empire of China. The failure to 
 impeach him gave a fraudulent administration the opportunity it had longed for. 
 Seward went back to China, without even a film of whitewash to cover his mul- 
 titudinous official misdeeds. 
 
186 THE ELECTORAL COMMISSION. 
 
 THE ELECTORAL COMMISSION. 
 
 GARFIELD S DOUBLE COURSE. 
 
 General Garfield as a member of the House of Representatives in discussing 
 the Electoral Commission bill, and afterwards as a member of the Electoral 
 Commission, was inconsistent. It would be unnatural for him to be otherwise. 
 He believed that the bill as it was reported from the "Joint Select Committee of 
 the two Houses on Counting the Electoral Votes," and as it passed and became a 
 law, gave Congress and the Commission the right and the power to go behind 
 the returns. He feared the Commission would exercise this power. He knew if 
 it did, Mr. Tilden must be declared to have been elected President of the United 
 States, for Mr. Garfield, as one of the visiting statesmen to Louisiana, fully un- 
 derstood that Mr. Tilden had carried the electoral vote of that State. Therefore 
 he opposed the bill in the House of Representatives. In speaking of the power 
 this,t)!ill conferred, he said: 
 
 HE DECLARED IK THE HOUSE Til AT THE LAW EMPOWERED THE COMMISSION TO 
 GO BEHIND THE RETURNS. 
 
 This "bill createa and places in the control of Congress the enginery by which Presidents can 
 be made and nnmade at the caprice of the Senate and the House. It grasps all the power, and 
 holds states and electors as tovs in its hands. It assu?nes the Hght of Congress to go down into the 
 Colleges an^ inquire into cdl the acts and facts connected with their work. It assumes t/ie right of 
 Congress to go down into the states to review the act of every officer, to open every ballot box, and to 
 passjudgment upon every ballot cast by seven tnilliotis of Americans.'''' * * * * 
 
 But double returns from a state are to be eent to a mixed commission, consisting of an equal 
 number of members from each House of Confess and the Supreme Court. That commission is vir- 
 tually clothed with 2W2V€r to hear and determine tlie vote of any state, and its decision is the law, 
 finab and conclusive, unless both Houses shall concur in reversing the decree. * * * * 
 
 They may 'take into view such petitions, depositions, and other papers, if any, as shall by 
 the Constitution be competent and pertinent in such consideration.' They may also send for per- 
 sons and papers, because they haye all the powers possessed by the two Houses or either of them, 
 and this House certainly has shown its power to send for persons and papers beyond any other of 
 its great powers. 
 
 The first test vote on the Electoral Commission came upon the question whether 
 it would receive evidence in the Florida case. By a-vote of 8 to 7 the Commis- 
 sion — 
 
 Ordered, That no evidence will be received or considered which was not submitted to the Con- 
 vention of the two Houses by th'i President of the Senate except such as relates to the eligibility 
 of F. C. Humphreys, one of the Electors. 
 
 The only thing the President of the Senate submitted to the Convention of the 
 two Houses was the certificates of Electoral votes. 
 
 HE WENT BACK ON HIMSELF AS A MEMBER OP THE COMMISSION. 
 
 In his opinion as a member of the Commission, on this question of receiving 
 evidence, General Garfield says — 
 
 Though I opposed the bill in the House and regarded it, as I still do, in conflict with the con- 
 stitutional plan of counting the electoral vote, my opinion was overruled by the two Houses : and 
 shall do all in my power to carry out the provisions of the act in its spirit and letter. And this 
 being one to correct the act itself to ascertain our powers and duties under it. 
 
 This law is based on the assumption that it is the right and the duty of the two Houses of Con 
 gress meeting together, to count the votes for President and Vice-President. 
 
THE ELECTOEAL COiOHSSION^. ISiT 
 
 It prescribes the order of proceeding to perform that duty. When the certificates of any state 
 are opened, if no objection be made, the votes of that state shall at once be counted. If objection 
 be made, two modea of procedure are provided, one for a single return, and another for a double 
 return. The two Houses pass upon objections to a single return ; this Commission is required to 
 act in cases of double returns. In either case the action is to be according to the Constitution and 
 the law. In each the object to be reached is to count the lawful votes of the state. The provisions 
 of the act which regulates the conduct of the two Houses in cases of single returns will throw 
 light upon the duty of the Commission in cases of double returns. The first section of the act pro- 
 vides that in cases where there is but one return from a state, and an objection is made to the 
 count, the two Houses shall separate and each shall act upon such objection. The fourth section 
 provides that— 
 
 When the two Houses separate to decide upon an objection that may have been made to the 
 counting of any electorial vote, or votes, from any state, or upon an objection to a report of the 
 commissioners, or other questions arising under this act, each Senator or Representative may speak 
 to such objection or question ten minutes, and not oftener than once ; but after such debate shall 
 have lasted two hours it shall be the duty of each House to put the main question without further 
 debate. 
 
 A PUERILE ARGUMENT. 
 
 Can it be claimed that this provision implies the hearing of testimony and the trial of a contest ? 
 The whole time allowed to the two Houses to decide the gravest objections that may be raised to 
 the counting of the vote of any state or of any elector is but two hours ; and that brief period is 
 devoted, not to the hearing of evidences, but to debate. There is no provision in the section for 
 taking testimony or trying disputed questions of fact. The reasonable construction of the section 
 is that the two Houses decide any question of law or any matter of informality which may appear 
 on the face of the certificate, opened by the president of the Senate. It has been said by an 
 honorable member of the Commission that, in deciding upon an objection to a single return, the 
 two Houses may exercise their acknowledged power of inquiry by sending for persons and papers, 
 and may use testimony already taken by their committee ; but it must De remembered that the 
 contents of the certificates on which the objection is based, can be known by neither House nor by 
 any member of either House until it is opened in their presence ; for the objection provided for in 
 the act is " to any vote or paper from a state." Certainly it will not be claimed that any testimony 
 taken, before the contents of the sealed package are made known, can be lawful and valid testi- 
 mony to sustain an objection made afterward. Such testimony might be ex parte, misleading and 
 false ; and yet in the two hours allowed by the bill it might be wholly impossible to procure evi- 
 dence to overcome it. 
 
 As a member of the House General Garfield declared upon his honor that the 
 law which created the Commission conferred the power to "go down into the 
 states and review the act of every officer to open every ballot box, and to pass 
 judgment upon every ballot cast by seven millions of Americans." * * * 
 "That the commission is virtually clothed with power to hear and determine the 
 vote of any state." * * * "They may also send for persons and papers, 
 because they have all the powers possessed by the two Houses or either of them." 
 Comment on such inconsistency certainly is unnecessary. The order made in the 
 Florida case was repeated in the Louisiana case by the same 8 to 7 vote, General 
 Garfield of course voting with and making up the eighth. 
 
 GARFIELD CALLED TO ACCOUNT. 
 
 Mr. Hewitt, of New York, said : "Although I am physically in no condition to 
 address the House, I feel nevertheless that I have a duty, a painful duty to per- 
 form which can no longer be deferred. The decision rendered this day is the 
 
 COMPLETION OF THE FRAUDULENT SCHEME 
 
 for counting in a President who was not elected, and for counting out a President 
 who was elected by the votes of the people of this country. The consummation 
 of this scheme was a foregone conclusion from the hour when the decision in the 
 Florida case was rendered. It is not to be disguised that there is in this country 
 a deep-seated feeling of injury, a keen sense of wrong. It comes up from the 
 heart of the people, from every class ; from the lawyer, the doctor, the clergy- 
 man, as well as from the farmer, the mechanic, and the laborer. I have been 
 overwhelmed by letters from every part of the country appealing to me to do 
 something that would make this outrage a nullity. These people feel, not that they 
 have lost the fruits of victory ; that is not what stirs their indignation — they feel that 
 they were willing to confide their case to a just tribunal ; that they did confide 
 their case to a tribunal whose judgment is not a just one ; that they and the 
 members of this House who voted for that tribunal, and the members of the com- 
 
188 THE ELECTORAL COMMISSION. 
 
 mittee who framed the bill creating it, have been deceived. They ask me where 
 the responsibility lies. They ask me whether this feeling is well founded ; I am 
 compelled to say that it is. It is my purpose in the few minutes that I now have 
 to try to fix that responsibility. " * * * * 
 
 THE RESPONSIBILITY FIXED. 
 
 "Now as to the three judges. I propose to say only this : they took no part in 
 the formation of this measure ; they made no request to sit upon this tribunal ; 
 they were put there, so far as we know, without their consent, and probably 
 against their will. Their action, therefore, is to be judged not by us, but by a 
 higher tribunal, to whom they must render their account at the last. In regard 
 to the other members of that tribunal, they are to be judged by the record which 
 they have made in committee and in the discussions of the two Houses. Of 
 Judge Edmunds I desire to bear witness that at no time to my knowledge did he 
 express an opinion as to the power of this Commission to go behind the returns. 
 It might possibly have been inferred from his actions on previous occasions that 
 he entertained the view that the two Houses of Congress could go behind the 
 returns ; but neither in his speech on the bill nor elsewhere do I know that he 
 ever expressed that view. Mr. Frelinghuysen undoubtedly expressed the opinion 
 that there was no such power. 
 
 MR. GARFIELD'S POSITION. 
 
 "Mr. Garfield in the discussion in this House unquestionably expressed the 
 opinion that there was such power. Mr. Morton, in the discussion in the Senate, 
 undoubtedly expressed the opinion that it was the bounden duty of the tribunal 
 to go behind the returns. In replying to the Senator from Ohio (Mr. Thurman) 
 he stated in unmistakable language that the Senator from Ohio had declared that 
 it was the judgment of every Democratic member of the House and of the Senate 
 that there was power to go behind the returns, and without this power the bill 
 could not have received a single Democratic vote in either House ; and it was the 
 judgment of every Democrat who sat upon the committee that there was such 
 power. {Becord Forty-fourth Congress, second session, vol. 5, part 3, page 1914.) 
 
 GARFIELD THE CHIEF OF THE CONSPIRATORS. 
 
 HE WAS COUNSEL, CONGRESSMAN AND JUDGE. 
 
 Garfield's nomination means the indorsement and approval in the most positive and 
 offensive manner possible of the presidential fraud of 1876-77. He Jiad more to do 
 with it than any other man, and was the only man who occupied toward it a double 
 relation. After the election Garfield went to New Orleans by request of Gen. Grant, 
 without authority of law, as a partisan. He went there to assist his party in making 
 up a case, and ajter his return to Washington, of all his associates he was tJhe only 
 man who took his seat upon the Electoral Commission. By every sentiment of fair 
 play lie shxmld have been excluded from the jury box. By his own sworn statement of 
 what he did in JSfew Orleans, Garfield had charge of the returns from West Felicia/na 
 parish. In one of the inner rooms of Packard's Custom House lie did his work, ex- 
 amined the affidavits, and when tliey were not sufficiently fuU, he prepared or had 
 prepared additional interrogatories to bring tliem within the rules adopted by the re- 
 twning board. The testimony, so received by Garfield, went back to tJie returning 
 board, and the result was that West Feliciana with its Democratic majority was 
 thrown out. In Washington, Garfield's vote was that Congress could not go behind tM 
 returns thus made. As agent for his party he helped to make returnsby manipulating 
 the evident/ and as juryman for the nation he lueld such evidence as conclusive and 
 binding. 
 
THREE MONSTROUS GRIEVANCES. I89 
 
 THKEE MONSTROUS GRIEVANCES. 
 
 I. TROOPS AT THE POLLS. II. PARTISAN JURY LAWS. IIL PARTISAN ELECTION 
 
 LAWS — GEN. Garfield's devious course — his inconsistent record. 
 
 A majority of the people of the United States, represented by the Democratic 
 majority in Congress, complained of , and demanded the redress of threejnonst/ous 
 /grievances : 
 
 First. The power conferred, by section 2002 Revised Statutes, upon, and exer- 
 cised by, the Executive Department of the government, to use the military and 
 naval forces of the United States "to keep the peace at the polls." 
 
 Second. The power conferred, by sections 820 and 821, Revised Statutes, upon, 
 and exercised by, the Judicial Department of the government, to pack juries, 
 and thereby interfere with and pervert the administration of justice. 
 
 Third. The power conferred by sections 2016, 2017, 2018, 2019, 2020, 2021, 
 2022, 2023, 2024, 2025, 2026, 2027, 2028 and 2031 and 5522 Revised Statutes, upon, 
 and exercised by Federal officers, appointed by irresponsible partisans, to inter- 
 fere with state elections, and to intimidate, persecute and control duly qualified 
 electors of the state. 
 
 The Democratic majority in Congress proposed to redress these grievances by 
 amending the sections of the Revised Statutes which made this possible. "We 
 print the sections with the parts to be repealed in italics. 
 
 Section 2002, Revised Statutes, is as follows : 
 
 Sbc. 2002. No military or naval officer, or other person engaged in the civil, military, or naval 
 service of the United States, shall order, bring, keep, or have under his authority or control, any 
 troops or armed men, at the place where any general or special election is held in any state, unless 
 it be necessary to repel the armed enemies of the United States, or to keep the peace at Vie polls. 
 
 JURY LAWS TO BE REPEALED. 
 
 Sections 820 and 821, Revised Statutes, are as follows: 
 
 Sec. 820. The following shall he causes of disqualification and challenge of grand and petit jurors 
 in the courts of the United States, in addition to the causes existing by virtue of section eight hundred 
 and twelve, namely: Without duress and coercion to have taken up arms or to have joined any insur 
 rection or rebellion against the United States ; to have adhered to any insurrection or rebellion, giv- 
 ing it aid and comfort; to have given, directly or indirectly, any assistance in money, arms, Jwrses, 
 clothes, or anything whatever, to or for the use or benefit of any person whom the giver of such assist- 
 ance knew to have joined, or to be about to join, any insurrection or rebellion, or to have resisted, or 
 to be about to resist, with force of arms, the execution of the laws of the United States, or whom 7ie 
 had good ground to believe to have joined, or to be about to join, any insurrection or rebellion, or to 
 have resisted, or to be about to resist, with force of arms, the execution of the laws of the United 
 States; or to have counseled or advised any person to join any insurrection or rebellion, or to resist 
 with force of arms the laws of the United States. 
 
 Sec. 821. At every term of any court of the United States tJie district attorney, or other person act- 
 ing on behalf of the United States in said court, may trhove, and tJie court, in their discretion. m<iy 
 require the derk to tender to every person summoned to serve as a grand or petit juror, or venireman 
 or talesman, in said court, the following oath or affirmation, namely: " Tou do solemnly swear (or 
 
190 THREE MONSTROUS GRIEVANCES. 
 
 affirm) that you tviU support tJie Constitution of the United States of A?nerica; that you have riot, 
 without duress and constraint, taken tip ai^ms or joined any insurrection or rebellion against tM 
 United States; that ymihavenot adhered to any insicn^ection or rebellion, giving it aid and comfort; 
 that you have not, directly or indirectly, given any assistance in money or any other thing, to any 
 person or persons ivJiom you knew, or 7iad good ground to believe, to have joined, or to be about to 
 join, said bisui'rection or rebellion, or to have resisted, or to be about to resist, ivithfoi'ce of arms, the 
 execution of the laws of the United States; and that youhavs not c»unseled or advised any person to 
 join any insurrection or rebellion against, or to resist with force of amis, the laws of the United 
 States." Any 2)^rson declining to take said oath shall be discharged by the court from serving on the 
 grand or petit jury, or venire, to which he may have been summoned. 
 
 SECTIONS OF FEDERAL ELECTION LAWS TO BE AMENDED. 
 
 Sections 2016 to 2028 and 2031 and 5522, Revised Statutes, are as follows: 
 
 Sec. 2016. Tfie supervisors of election, so a2)])ointed, are authorized and required to attend at all 
 times and places fixed f(yr the registration of voters, wTw, being registered, would be entitled to vote for 
 a representative or delegate in Congress, and to challenge any person offering to register; to attend 
 at all times and places when the names of registered voters may be marked for challenge, and to 
 cause such names registered as they may deem prefer to be so marked; to make, when requii'ed, the 
 lists, or either of them, provided for in section two thousand and twenty-six, and verify the same; 
 and uj)on any occasion, and at any time when in attendance upon the duty herein 2)resc?'ibed, to 
 personally inspect and scrutinize such registry, and for jmrposes of identification to affix their sig- 
 nature to eachjyage of tlie original list, and of each copy of any such list of registered voters, atmch 
 tim£s, upon each day when any name may be received, entered, or registered, and in such manner as 
 will, in their judgment, detect and expose the improper or wrongful rsiruyval therefrom, or addiUan 
 Uwreto, of any name. 
 
 Sec. 2017. The supervisors of election are authorized and required to attend at all times and 
 places for holding elections of representatives or delegates in Congress, and for counting the 
 votes cast at such elections; to challenge any vote offered by any person whose legal qualifications 
 the supervisors, or either of them, may doubt; to be and remain where the ballot-boxes are kept at 
 all times after the polls are open until every vote cast at such time and place has been counted, the 
 canvass of all votes polled wholly completed, and the proper and requisite certificates or returns 
 made, whether the certificates or returns be required under any law of the United States, or any 
 State, territorial, or municipal law, and to personally inspect and scrutinize, from time to time, 
 and at all times, on the day of election, the manner in which the voting is done, and the way and 
 method in which the poll-books, registry-list, and tallies or check-books, whether the same ai» 
 required by any law of the United States, or any state, territorial, or municipal law, are kept. 
 
 Sec. 2018. To the end that each candidate for the office of representative or delegate in Congress 
 may optain the benefit of every vote for him cast, the sujyervisors of election are, and each qf them is, 
 required to personaJJ^y scrutinize, count, and canvass each ballot in their electiou district </r voting 
 •precinct cast, wJiatev&r may be t/ie indorsement on the ballot, or in ivhatever box it may have been 
 placed or be found; to make and forward to the officer who, in accordance with the provisions of sec- 
 tion two thousand and twenty-five, has been designated as the chief supervisor of the judicial district 
 in which the city or town wJierein they w,ay serve, acts, such certificates and returns of all such bal- 
 lots as such officer may direct and require, and to attach to the registry list, and any and gU copies 
 thereof, and to any certificate, statement, or return, whether the same, or any part or portion thereof, 
 be required by any law of the United States, or of any state, territorial, or municipal law, any state- 
 ment touching the truth or accuracy of the registry, or the truth or fairness of the election and can- 
 vass, which the supervisoi's of the election, or either (Jf them, mxiy desire to make or attach, or which 
 should properly and hxmestly be made or attached, in order that the facts may become known. 
 
 Sec. 2019. The better to enable the supervisors of election to discharge their duties, they are at>- 
 thorized and directed, in their respective election districts or voting precincts, on the day of regis- 
 tration, on the day when registered voters may be marked to be challenged, and on the day of elec- 
 tion, to take, occupy, and remain in such position, from time to time, whether before or behind 
 the ballot-boxes, as will, in their judgment, best enable them to see each person offering himself 
 for re.gistration or offering to vote, and as will best conduce to their scrutinizing the manner in 
 which the registration or voting is being conducted; and at the closing of the polls for the recep- 
 tion of votes, they are required to place themselves in such position, in relation to the ballot- 
 boxes, /or the purjjose of engaging in the work of canvassing the ballots, as will enable them to fully 
 perform the duties in respect to such canvass provided herein, and shall there remain until every 
 duty in respect to such canvass, certificates, returns and statements has been wholly completed. 
 
 Sec. 2020. When in any election district or voting 2)reci}ict in any city or town, f»r which there 
 have been appointed supervisors of election for any electio?i at which a representative or delegate in 
 
aHREE MONSTROUS GRIEVANCES. lOl 
 
 Congress is voted f(/r, the suj)e7Tisors of election are not allowed to exercise and discharge, fuUy and 
 freely., and witlwut l/rihery, solicitation, int€rfe7'ence, hindrance, DWlestation, violence or threats 
 thereof, on the part of any person, all the duties, obligations, and jxnvei's confei-red upon them by lato, 
 the supervisors of election shall make 2»'om2)t report, under oath, loithhi ten days after tJie day of 
 election to the officer toho, in accordance with the irrovisions of section two thousand and twenty-five, 
 has been designated as the chief supervisor of the judicial district in w?iich tlie city or town wherein 
 they served, acts, of the maimer and means by which they were not so allowed to fully and freely ea> 
 ei'cise and discharge the duties and obligations required and imjiosed herein. And ujyon receiving 
 any such repoi^t, the chief sujm'vism', aciiig both in such capacity and officially as a com?nissioner of 
 tlie Circuit Court, shall foi'thwith examine into all the facts; and lie shall have jxywer to subjmna 
 and compel the attendance before him of any witness, and to administer oaths and take testi/nwiy in 
 respect to the charges made; and, prior to (he assembling of the Congress for which any such repre- 
 sentative or delegate was voted for, he shall file with tlie derk of the House of Rep7'esentatives all the 
 evidence by him taken, all information by him obtained, and all reports to him made. 
 
 Sec. 3021. Whenever an election at which representatives or delegates in Congress are to be chmen 
 is held in any city or town of tiventy thousand inhabitants or upward, the marshal for the district in 
 which the city or town is situated shall, on the application, in writing, of at least two citizens resid' 
 in// in such city or town, aj)point special deputy marshals, whose duty it shall be, when required 
 thereto, to aid and assist the supervisors of election in the verification of any lists of 2)ersons who may 
 have registered or voted; to attend in each election district or voting jn'ecinct at the times arid places 
 fixed for the registration of voters and at all times or places when and where the registration may by 
 law be scrutinized, and the names of registered voters be marked for challenge; and also to attend, 
 at all times for hxMing elections, tlie polls in such district or precinct. 
 
 Sec. 2022. The marshal and his general deputies, and such special deputies, shall keep th£ peace, 
 and supjjort and jrrotect the supervisors of election in the discharge of their duties, pre- 
 serve order at such jJlaces of registration and at such polls, prevent fraudulent registration and 
 fraudulent voting thereat, or fraudulent conduct on the part of any officer of election, and immediate- 
 ly, either at the place of registration or polling place, or elsewhere, and either before or after register- 
 ing or voting, to ai^est and take into custody, with or without process, any person who commits, or 
 attempts or offers to commit, any of the acts or offenses prohiMted herein, or who commits offense 
 against the laws of the United States; but rw person shall be arrested without jyrocess for any offense 
 not committed in tlie presence of the m/irshal or his general or special deputies, or either of them, or 
 of thesupervisorsofelection,or either of them, and, for the purposes of arrest or the preservation of 
 the peace, th^ supervisors of election shall, in the absence of the marshal's deputies, or if required to 
 assist such deputies, have the same duties and powers as deputy marshals; nor shall any person, on 
 the day of such election, be arrested witlwut process for any offense committed on the day of registra- 
 tion. 
 
 Sec. 2023. Whenever any arrest is made under any provision of this title, the person so arrested 
 shxull forthwith be brought before a commissioner, judge, or Court qf the United- States for examine 
 Hon of tlie offenses alleged against him; and such commissioner, judge, or Court shall 2>roceed in re- 
 spect thereto as authorized by law in case of crimes against the United States. 
 
 Sec. 2024. The marshal or his general deputies, or such special deputies as are thereto specially 
 empowered by him, in writing, and under his hand and seal, whenever he or either or any of them is 
 forcibly resisted in executing their duties under this title, or shall, by violence, threats, or m,enaces, 
 be 2yreventedfi'om executing such duties, or from arresting any pte^rson who has committed any offense 
 for which the marshal or his general or his special deituties are authorized to make such arrest, are, 
 and each of them is, empowered to summon and call to his aid the bystanders or posse comitatus qf 
 his district. 
 
 Sec. 2025. The Circuit Courts of the United States for each judicial circuit shall nam^ and appoint, 
 on or before the first day of May, in the year eighteen hundred and seventy-one, and thereafter as va- 
 cancies may from any cause arise, from among the Circuit Court Commissioners for each judicial 
 district in each judicial circuit, one of such officers, who shall be known for tlie duties required of him 
 under this title as the chief supervisor of elections of the judicial district for which he is a commis- 
 sioner, and shall, so long as capable and faithful, discharge the duties in this title imposed. 
 
 Sec. 2036. The chief stqiervisor shall 2irepare and furnish all necessary books, forms, blanks, and 
 instructions for the tise and direction of the supervisors of election in the several cities and towns in 
 tjieir respective districts; he shall receive the applidation of all parties for appointment to su^h posi- 
 tions; upon the opening, as contemplated in section two thousand and twelve, of the Circuit Court for 
 the judicial circuit in which the commissioner so designated acts, he shall present such applications to 
 the judge thereof, and furnish information to him in resj)ect to tlie appointment by the Court cf such 
 supervisors of election; he shall require of the supervisors of election, when necessary, lists of the per- 
 sons who may register and vote, or either, in their respective election districts or voting precincts, and 
 cause the names of those iqxm any such list whose right to register or vote is lionestly doubted to be 
 
192 THREE MONSTROUS GRIEVANCES. 
 
 verified by proper inqui?^ and examination at the repective places 'by them assigned as their resi- 
 dences; and he shall receive, jireserve, and file all oaths of office of supervisors of election, and of all 
 special deputy marshals apjxnnted under the provisions of this title, and all certificates, returns, re- 
 ports and records of evei'y kind and nature contemplated and made requisite by the provisions hereof, 
 save where otherivise herein specially directed. 
 
 Sec. 2027. All United States marshals and commissioners wTio in any judicial district perf<yrm 
 any duties under the preceding ])rovisions relating to, concerning, or a^ecting tlie election of represent- 
 atives or delegates in tlie Congress of the United States, from time to time, and, with cdl due dili- 
 geuce, shall forward to the chief supervisor in and for their judicial district, all complaints, examina- 
 tions, and records pertaining thereto, and all oaths of office by them administered to any siq^ervisor 
 qf election or special deputy marshal, in order that the same rnay be properly preserved and filed. 
 
 Sec. 2028. No person shall be appointed a supervisor of election or a deputy marshal, under the 
 preceding provisions, who is not, at the time of his appointment, a qualified votei of the city, town, 
 county, parish, election district, or voting precinct in which his duties are to be performed. 
 
 Sec. 2031. TJm^e shall be allowed and paid to the chief supervisor, for his services as such officer, 
 the following compensation, apart from and in excess of all fees allowed by law for t/ie performance of 
 any duty as Circuit Court Commissioner; For filing and caring for every return, report, r^ecord, 
 document, or other paper required to be filed by him under any of tlie proceeding provisions, ten cents; 
 for affixing a seal to any paper, record, report, or instrument, twenty cents; for entering and index- 
 ing the records of his office, fifteen cents per fdio; and for arranging and transmitting to Congress, as 
 provided for in section two thousand and twenty, any report, statement, recor^l, return, or examina- 
 tion, for' each fdio, fift^n cents; and for any copy thereof, or of any paper on file, a like sum. And 
 there shall be allowed and paid to each supervisor of election, and each special deputy marshal who 
 is appointed and performs his duty under tlie preceding pi-ovisions, compensation at the rate of five 
 dollars per day for each day he is actually on duty, not exceedinp- ten days ; but no compensation shall 
 be allowed in any case, to supervisors of election, except to those appointed in cities or towns of 
 twenty thousand or more inhabitants. And the fees of the chief supervisors shall be 2Jaid at the 
 Treasury of the United States, stich accounts to be made out, verified, examined and certified as in 
 the case of accounts of commissioners, save that the examiruition or certificate required may be made 
 by either the circuit or district judge. 
 
 Sec. 5522. Every person, whether xoith or without any authority, poiver or process, or pretended 
 authority, power, or process, of any state, territory, or municipality, who obstructs, hinders, assardts, 
 or by briliery, solicitation or otiverrvise, interferes with or prevents the supervisors of election, or 
 either qf them, or tlie marshal or his general or special deputies, or either of them, in the performance 
 qfany duty required of them, or either of them, or which he or tliey, or either of tJiem, may be au- 
 thoiized to perform by any law of the United States, in the execution qf process or otfierrvise, or who 
 by any of tlie means before mentioned hinders or perverts the free attendance and 'presence at such 
 placesof registration or at such polls of electimi, or fuU and free access and egress to and from any 
 mch place of registration or poll of election, or in going to and from any such place of. 
 registration or poll of election, or to and from any room, where any such registration or 
 election or canvass of votes, or of making any returns or certificates thereof, may be had, or wJio mo- 
 lests, interferes with, removes, or ejects from any such place of registratwn or poll of election, or of 
 canvassing votes cast thereat, or of making returns or certificates thereof, any sujrervisor of election, 
 the marshal, or his general or special deputies, or either of them; or who threatens, or attempts, or of: 
 fers so to do, or refuses or neglects to aid and assist any supervisor of election, or the marsJial or his 
 general or sjredal deiruties, or eitlier of them, in the performance of his or their duties, rvhcn required 
 by him or them, or either of them, to give such aid and and assistance, shall be liable to instant arrest 
 without process, and shall be punished by imp7isonment not more than two years, or by a fine of not 
 more than three thousand dollars, or by both such fine and imprisonment, and shall pay the cost of 
 the prosecution. 
 
 THE HISTORY OP TROOPS AT THE POLLS. 
 
 The history of section 2002 is as follows : During the war and after the war in 
 the early reconstruction period the military interfered in the border states with 
 elections. This was particularly the case in Delaware, Maryland, West Vir- 
 ginia and Kentucky. Subordinate army officers took possession of the polls and 
 arbitrarily supervised elections and in their discretion directing ballots to be re- 
 ceived or rejected. These occurrences took place in states where the reconstruc- 
 tion acts were not in force and where the civil authority was unobstructed by 
 disloyal persons and where it ought to have been superior to the military power. 
 These illegal and high-handed acts excited the just indignation of all classes, and 
 when reported to Congress were defended by no one. To stop their recurrence 
 
THREE MONSTROUS GRIEVANCES. 193^ 
 
 Senator Powell of Kentucky introduced at the first session of the Thirty-eighth 
 Congress a bill to prevent military interference in elections in the states. He 
 desired to have it go to the Judiciary Committee, hut the Republican majority 
 sent it to the Military Committee. This was in 1864, when the war fever was 
 still at a white heat. It was claimed that the rebellion was not yet at an end, 
 that a spirit of defiance still existed even in the border states of the South toward 
 the federal authority, and that it would be unwise to lift entirely the heavy hand 
 of military restraint. The Military Committee of the Senate reported adversely 
 upon Senator Powell's bill, and, after much discussion, it was informally laid 
 aside. On June 23, 1864, Senator Powell again called it up, and after amend- 
 ment, it was passed. The essential portion of the bill, as Senator Powell pro- 
 posed it, was as follows : 
 
 "That It shall not be lawful for any military or naval ofllcer of the United 
 States, or other person engaged in the civil, military or naval service of the United 
 States, to order, bring, keep or have under his authority or control any troops or 
 armed men within one mile of the place where any general or special election is 
 held in any state of the United States of America, unless it should be necessary 
 to repel the armed enemies of the United States." 
 
 Senator Pomeroy, of Kansas, successfully moved to amend the clause by adding 
 "or to keep the peace at the polls," whereupon Mr. Powell said : " I object to 
 that. It would destroy the effect of the bill. The state authorities can keep 
 peace at the polls." And Senator Saulsbury, of Delaware, said: " That is the 
 very pretext on which these outrages were committed in my state, and it is the 
 very same pretext that will be put forward again. " 
 
 Senator Pomeroy claimed that the troops had been used in the territory of 
 Kansas ostensibly to preserve the peace at the polls, and he thought the Demo- 
 crats should be chary of legislating now altogether to prohibit the use of troops 
 really to preserve peace at the polls. 
 
 Senator Howard, of Michigan, of the Committee on Military Affairs, explained 
 that the adverse report from his committee was upon the ground that it is not the 
 right of an enemy of the country to vote or exercise any political functions, 
 whether that enemy be a rebel, a traitor in arms against the country, and hence 
 a domestic enemy, or whether he be a public enemy, owing allegiance to a foreign 
 government. This, he said, was the doctrine of his report. 'But," he con- 
 tinued, "in respect to all persons who are friends of the government, but who 
 may happen to differ upon questions of administration, the report does declare, 
 very properly, certainly, that there should be no interference, either of the mili- 
 tary or other persons, in the free enjoyment of that valuable privilege." 
 
 There had been interference on the part of the military in elections in the 
 border states of Delaware, Maryland and Kentucky, states that were not in 
 rebellion, states where a decided majority of the people were Union in faith and 
 practice. It was to forbid the employment of the federal troops for such pur- 
 poses in those states that this law was proposed, and upon which this discussion, 
 as epitomized above, was had in the Senate on the 22d day of June, 1864, twelve 
 (iays before the victory was won by the Union troops over the rebels at Gettys- 
 burg. While this very discussion was going on in the Senate, Lee's army was 
 across the Potomac, and his cavalry was raiding into Pennsylvania. But even at 
 this critical period. Republican Senators like John P. Hale and Henry Wilson, 
 voted against Pomeroy's amendment " to keep peace at the polls." This amend- 
 ment, however, was adopted, and the Democrats satisfied that they had obtained 
 all that they could hope for — the concession of the principle which Howard's 
 
194 THREE MONSTROUS GRIEVANCES. 
 
 report made, that the presence of troops at the polls was not to be justified save 
 to exclude the public or domestic enemies of the United States from the right of 
 suffrage — were content to accept a substantial gain, the positive inhibition of the 
 presence of troops within a mile of the polls, save to quell actual riot. The bill 
 passed the Senate as amended by Pomeroy, by a vote of nineteen to thirteen— 
 Hale, Lane of Kansas, Pomeroy, Trumbull, Ben Wade, Grimes, Willey, stalwart 
 Republicans of that day, voting in the affirmative. There was a subsequent 
 attempt to reconsider the bill in the Senate, but it failed ; and at the next session 
 of the Thirty-eighth Congress it passed the House, and was approved by Presi- 
 dent Lincoln on February 25, 1865. 
 
 The intent and purpose of this law was to restrict the power of the military 
 and forbid their interference at the polls. The concession which the radical 
 leaders made, the relief which the people of the border states thereby obtained 
 was so great the Democrats in the Senate and House were willing, temporarily, 
 to yield the proviso " or to keep the peace at the polls." They, however, did not 
 concede this as a constitutional right of the executive power, they said then that 
 it was a dangerous innovation, but they never dreamed that these eight words 
 " or to keep the peace at the polls " would afford an opportunity to an adminis- 
 tration to use almost the entire military establishment for partisan election pur- 
 poses in the Southern states, as was done in 1876, or to make preparations to use 
 the army and navy in the city of New York as was done in 1870. 
 
 HISTORY OF THE JURY LAWS. 
 
 Sections 820 and 821 are a part of the war legislation and of the reconstruction 
 measures. They were a part of the extraonlinary machinery provided for the en- 
 forcement of the Fourteenth Amendment. They were so manifestly unjust, un- 
 necessary and so liable to be improperly used for partisan or arbitrary purposes, 
 that a Republican Congress in 18— repealed them. They were re-enacted and be- 
 came sections 820 and 821 of the Revised Statutes by a trick or a mistake, which 
 no one has ever been able to discover. The Revised Statutes being, as it was sup- 
 posed, a compilation of the Statutes then in force and unrepealed was enacted as 
 one huge law in 1874. They were the work of two or three commissions, and were 
 accepted by Congress upon the indorcement of the Committee on Revision of 
 Laws — that they contained nothing, not a line or a letter which was not then the 
 law of the land. In the Senate this huge compilation was passed without being 
 read, without even removing the wrapper in which it came from the printing 
 office. It is well known that there were the most serious errors, willful or 
 otherwise, and that great interests were imperiled thereby. Many of these addi- 
 tions and omissions very possibly were accidental Two distinguished Republi- 
 can lawyers were employed and paid $10,000 each to revise the revision. The 
 law directed that the revised revision should be verbatim et literatim et punctuatum 
 the language of the Statutes at Large, which were unrepealed, l)ut with the modi- 
 fications necessary to conform them to, amendatory acts subsequently passed. 
 These two eminent lawyers employed two incompetent persons, one a huckster, 
 the other nothing in particular, neither having the slightest qualification for the 
 important work, to make the revision of the revision. Whether by the ignorance 
 of these incompetents, or by design, only one thing is certain — sections 820 and 
 821 slipped into the Revised Statutes and were re-enacted in 1874. 
 
 INTERESTING HISTORY OF FEDERAL ELECTION LAWS. 
 
 Sections 2016 to 2028 and 2031 and 5522 are part of the Federal Election Laws. 
 Their history is interesting. They were framed under the direction of a shrewd 
 
THREE MONSTROUS GRIEVANCES. 195 
 
 lawyer, but John I. Davenport appears to have conceived the idea and with other 
 persons employed by the Union League Chib, of New York city, to have sug- 
 gested the ingeniously oppressive and expensive features. Davenport is un- 
 scrupulous, ingenious and energetic. The laws were intended to serve the 
 lowest partisan ends, but they were chiefly designed to put money in Davenport's 
 pocket. They have served both purposes admirably well. Prior to 1868 Federal 
 Election Laws were unknown. 
 
 Report Xo. 800, House of Reprepentatives, first session. Forty-fourth Congress, 
 furnishes the history of the conception, formation and presentation of these laws 
 to Congress. Mr. Samuel J. Glassey, a lawyer of New York city, who was ex- 
 amined by the Committee on Expenditures, in the Department of Justice^ of 
 the Forty-fourth Congress, testified : 
 
 WHERE AND HOW THE LAWS ORIGINATED. 
 
 The Union League Club, on the evcnino;of Thursday, the 5th of November, 1868, appointed a 
 ppecial committee to take measures to have an investigation made into the frauds alleged to have 
 been committed at the election held on the Tuesday of that week, two days before. That com- 
 mittee was composed of five or six prominent members of the club, all gentlemen well known in 
 tne community; and at the instance of that committee, I was retained one or two days afterward 
 to act as counsel for the Union League Club to conduct that investigation. General John A. Foe- 
 ter, a well-known lawyer of this city was about the same lime retained as my as.^ociate. He and I 
 had a consultation together on the day after we were respectively informed that we had been 
 selected to do that work, and arrived at an underi^tanding between ourselves as to the manner in 
 which it should be done, the objects to be sought, the methods to be pursued, and immediately 
 put ourselves in communication with the committee. 
 
 All those concerned in pressing the investigation were active Republicans, and we looked for 
 Democratic frauds, although we invited by public advertisement information as to frauds perpe- 
 trated by both parties. 
 
 By Mr. Cochrane : Q. State what you know, without going too much in detail ? 
 
 A. Two acts of Congress, passed during the session of 1870, one in May and the other in 
 July, were the result of a comparison of some eight or ten bills which the different members of the 
 two different Houses had prepared and introduced on their own motion, with the bills drafted to 
 accomplish the same object. Mr. Davenport, in this same employment, acting under the direc- 
 tions of the club committee, and especially of myself and General Foster, was sent to Washington, 
 his expenses being paid and he receiving compensation for his services, to attend to the urging of 
 these bills. In the winter of 1870 and 1871, the club resolved that some further legislation was nec- 
 essary on the subject, and in December of 1870 or January of 1871 Mr. Davenport wenc to Wash- 
 ington again, and while he was there this act of February 28, 1871, was passed. The concoction of 
 that bill 1 had very little to do with. Some part of it was drafted by Mr. Davenport. I very dis- 
 tinctly remember reading over the section relating to fees. The two previous acts of Congress, 
 those passed in May, 1870, and July, 1870, I knew all about. 
 
 Q. What did he say to you about that section in reference to fees ? 
 
 A. That if he could get that clause in it would enable him to make $15,000 or $20,000 at the time 
 ■of every general election. It is proper to say that these first two bills that were passed in 1870 
 were very carefully considered, not only by (General Foster and myself, but by several prominent 
 lawyers, who were members of the club, and several members of Congress and other persons of 
 prominence. 
 
 Q. Was he not appointed supervisor in 1871 ? 
 
 A. Yes, sir ; I think so, but my business relations with him closed within a very few days after 
 that, and I don't think that I was aware that he had actually received the appointment when I dis- 
 eolved the partnership. Down to the 1st of May, 1871, there had not been opportunity or occasion 
 for any action, officially or otherwise, on his part, in relation to elections, after the election held in 
 the fall of 1870. He held no office that warranted any action on his part in regard to elections in 
 any way, shape or manner. The act passed on the 28th of February, 1871, was in great part of his 
 designing— he prepared it, and at the instance of the Union League Club he went to Washington 
 and attended to its passage. Some time during the spring of 1871, whether before or after the Ist 
 of May 1 can't now distinctly recollect, I heard that he was obtaining information from the census 
 marshals for use at elections. 
 
 DAVENPORT'S PECUNIARY INTEREST. 
 
 The Committee on Expenditures in the Department of Justice in their report 
 to the House say : 
 
 After taking Whitley's (who was chief of the secret service) testimony on the 23d March, 1876, 
 the committee recalled him about the 13th of April, and he testified that he was ordered first by 
 Attorney-General Akerman and afterwards by Attorney-General Williams to pay to Davenport the 
 money out of this $50,000 annual appropriation ; that in 1871 he paid him $5,000 ; in 1872, during 
 the presidential campaign, he paid nim $20,000, and afterward, in the next year, $4,000, making in 
 all $34,000. He says he did not know what Davenport was to do with the money, but he always 
 objected to paying it to him. He testified ihat the attorney -general told him he had received a re- 
 quest from the President to pay it to Davenport, and he (Whitley) therefore obeyed orders. He 
 said Davenport was a politician in New York, and was in no way connected with him in the secret 
 service department. 
 
 Notwithstanding the payment of $34,0(X) of government money out of the Ku-klux fund to Dav^ 
 ^finport, there is not the slightest evidence in the Attorney-Generars Office or any department 
 
196 THREE MONSTROUS GRIEVANCES. 
 
 of tlie government to show that he ever received a dollar of this fund for any purpose (see pagers 
 28, part 2). 
 
 Your committee is much impressed with the conviction that Mr. Davenport was not wholly un- 
 selfish in the interest he took in the passage of these laws, as we find that as soon as the laws were 
 passed he was called upon to fill the chief offices created by them, until now he holds no less than 
 four offices, to wit.> United States commissioner, chief supervisor of elections, clerk United States- 
 circuit court, and master in chancery. 
 
 The first of these laws which Mr. Davenport says he was instrumental in having passed is the. 
 enforcement act of May 3, 1870. This law is made to provide in section 9 for an increase in the. 
 number of United States commissioners, and in section 12 for their fees. 
 
 Mr. Davenport says (page 42), in answer to the question, " How long have you been United 
 States commissioner?" "Some time in 1870, 1 think about August ;" just after the passage of the 
 law. The next law which he was instrumental in passing, as he says, is the act to amend uie natu- 
 ralization laws, which provides in section 5 for the appointment of supervisors of elections. 
 
 The next act which he is instrumental in passing is the law to amend an act "to enforce the 
 right of citizens to vote," wherein it is provided, in section 1.3, that the court shall appoint one of 
 these United States commissioners chief supervisor of elections. This act was approved February 
 28,1871. Mr. Davenport is asked (page 42), "How long have you been chief supervisor of elec- 
 tions ?" He answered, "Ever since the law passed, which, I think, was on February 28, 1871." 
 
 Mr. Davenport says that the aforesaid act (under which he was appointed chief supervisor) was 
 amended by the act of June 10, 1872, chapter 415, volume 17, at his expense of $80 for telegraphing^ 
 to and from Wasliins^ton. 
 
 It will be remembered that June 10, 1872, was at the beginning of the presidential campaign of 
 1872. 
 
 This amendment, procured by Davenport, under the head of "judiciary," as he says, provide8-< 
 " for defraying the expenses of the courts, &c., for jurors and witnesses," &c., "and for the ex- 
 penses which may be incurred in the enforcement of the act relative to the rights of the citizens to- 
 vote," of February 28, 1871 (providing for the appointment of chief supervisors), as above given, 
 " $3,200,000; of which sum $200,000 shall be available for the present fiscal year." 
 
 Under the same head, page 350, and in the same law, is the appropriation of the sum of $50,000, 
 to be expended under the direction of the attorney-general, for what is known as the Ku-klux 
 fund, for the "detection and prosecution of crime," &c. 
 
 We find Davenport, one month after this, gets from Whitley as shown by his receipt, $5,000; 
 on the 26th of September, $10,000; October 11, $5,000; in all $20,000, during the presidential cam- 
 paign of 1872. 
 
 In addition to this, the testimony shows (see page 142) that, in the winter of 1871 and 1872, Dav- 
 enport got from the committee of seventy between $8,0,0 and $10,000 "for services performed." 
 In addition to this sum we find that Mr. Davenport rendered a bill to the government for the elec- 
 tion of November, 1872, which is given on page 34, for $18,630.35. This bill is for expenses incurred 
 for payments to himself, which are provided for by the law of February 28, 1871, section 14, which 
 he was instrumental in having passed, fixing the fees of chief supervisor, and which is as follows : 
 
 In the matter of the account of John I. Davenport, as chief supervisor of elections southern dis- 
 trict of New York, for services rendered and expenses incurred at the election held on the 5th day 
 of November, 1872, at which representatives in Congress were chosen. 
 
 The United States to John I. Davenport, chief supervisor of elections. 
 For services : 
 To filling 2,141 applications for appointment as United States supervisors, at ten cents 
 
 each $214 la 
 
 To administering 3,888 oaths to supervisors and deputy marshals, at ten cents each 388 80 
 
 To filling 3,888 oaths of supervisors and marshals, at ten cents each 388 80 
 
 To filling 3,505 registry and verification books, at ten cents each 350 50 
 
 To filling 951 reports of examination of houses and voters and reports of supervisors, 
 
 at ten cents each 95 10 
 
 To filling 924 commissions of superviso»s, at ten cents each 92 40 
 
 To filling 2,590 returns of the canvass, at ten cents each 259 00 
 
 To indexing 79,995 folios of records of my office, at fifteen cents per folio 11 ,999 1 5 
 
 $13,787 85 . 
 For expenses : 
 To bill of J. X. Browne, as annexed 4,842 50 
 
 Total services and expenses $18,630 35 
 
 In addition to the above is Marshal Sharp's account furnished for the same election, which ac- 
 count was paid upon the written order of the President, under the provision of the law approved 
 August 31, 1852. 
 
 The account amounts to $15,132.20, one item of which is $1,991.50 for carriages; another for $440 
 rent of rooms at Fifth Avenue Hotel for chief supervisor of elections (Davenport) as headquarters, 
 which rooms were adjoining the rooms of the Republican State Committee at Fifth Avenue Hotel, . 
 as shown by Davenport's testimony (see page 146). 
 
 THE marshal's BILL PAID BY ORDER OF GRANT. 
 
 The bill of Marshal Sharpe for the pay of their deputy marshals was not 
 taxed by the Circuit Court nor allowed by the First Comptroller of the Treasury 
 Department, whereupon the President, General Grant, directed it to be paid. 
 
 The United States of America to George H. Sharpe, United States marshal for the southern district 
 
 of New York, Dr. 
 
 For the payment of extraordinary expenses incurred in executing the laws of Congress entitledN 
 " An Act to enforce the right of citizens of the United States to vote in the several states of this 
 Union, and for other purposes," approved May 31, 1870, and also the law entitled "An Act to» 
 
THREE MONSTROUS GRIEVANCES. 197 
 
 amend the natnralization laws, and to punieh crimes against the same, and for other purposes," 
 approved July 14, 1870, at the election held for representative in Congress, November 8, 1870. 
 ~For the compensation of deputy marshals in the fourth, fifth, sixth, seventh, eighth and ninth 
 Congressional districts or the state of New York, as per rolls of the several districts comprising 
 the same, as follows, namely : 
 
 Tor the compensation of deputy marshals in the first assembly district, as per roll an- 
 nexed, voucher No. 1 $4,500 00 
 
 For the compensation of deputy marshals in the second assembly district, as per roll 
 annexed, voucher No. 2 3,510 00 
 
 Por the compensation of deputy marshals in the third assembly district, as per roll an- 
 nexed, voucher No. 3 2,400 00 
 
 Por the compensation of deputy marshals in the fourth assembly district, as per roll 
 
 annexed, voucher No. 4 2,100 00 
 
 Por the compensation of deputy marshals in the fifth assembly district, as per roll an- 
 nexed, voucher No. 5 4,015 00 
 
 Por the compensation of deputy marshals in the sixth assembly district, as per roll an- 
 nexed, voucher No. 6 1,355 00 
 
 Por the compensation of deputy marshals iu the seventh assembly district, as per roll 
 annexed, voucher No. 7 1,320 00 
 
 Por the compensation of deputy marshals in the eighth assembly district, as per roll an- 
 nexed, voucher No. 8 3,150 00 
 
 Por the compensation of deputy marshals in the ninth assembly district, as per roll an- 
 nexed, voucher No. 9 3,505 00 
 
 For the compensation of deputy marshals in the tenth assembly district, as per roll an- 
 nexed, voucher No 10 1,230 00 
 
 For the compensation of deputy marshals in the eleventh assembly district, as per roll 
 annexed, voucher No. 11 , 1,155 00 
 
 For the compenpation of deputy marshals in the twelfth Assembly district, as per roll 
 annexed, voucher No. 12 2,570 00 
 
 For the compensation of deputy marshals in the thirteenth assembly district, as per 
 roll annexed, voucher No. 13 2,740 00 
 
 Por the compensation of deputy marshals in the fourteenth assembly district, as per 
 ' roll annexed, voucher No. 14 1,765 00 
 
 Por the compensation of deputy marshals in the fifteenth assembly district, as per roll 
 annexed, voucher No. 15 1,225 00 
 
 For the compensation of deputy marshals in the sixteenth assembly district, as per roll 
 annexed, voucher No. 16 1,635 00 
 
 For the compensation of deputy marshals in the seventeenth assembly district, as per 
 roll annexed, voucher No. 17 1,820 00 
 
 For the compensation of deputy marshals in the eighteenth assembly district, as per 
 roll annexed, voucher No. 18 1,690 00 
 
 Por the compensation of deputy marshals in the nineteenth assembly district, as per 
 roll annexed, voucher No. 19 510 00 
 
 For the compensation of deputy marshals in the twentieth assembly district, as per roll 
 annexed, voucher No. 20 1,765 00 
 
 For the compensation of deputy marshals in the twenty-first assembly district, as per 
 roll annexe.!, voucher No. 21 1,585 00 
 
 For the compensation of deputy marshals 'and special deputies at the headquarters of 
 the UnitecJ States marshal during the same election, for the safe-keeping and convey- 
 ance of prisoners, as per roll annexed, voucher No. 22 420 00 
 
 For toe compensation of deputy marshals and special deputies in the several assembly 
 districts above named, whose names were transferred from the rolls above stated, as 
 noted thereon, to roll No. 23 hereto annexed (see affidavit annexed to roll 23, voucher 
 No.23, 2,015 00 
 
 For the compensation of deputy marshals and special deputies in the several ast^embly 
 districts above named, who.<e names appear on pay roll and voucher No. 24, hereto 
 annexed, the same being authorized by letter of the attorney-general, dated January, 
 1871, a copy of which is hereto annexed, voucher No. 24 805 00 
 
 Por the special and extraordinary expenses incurred and paid by me, in and about the 
 execution of said laws at said election, as per statement and vouchers hereto annexed, 
 marked Exhibit A 1,962 48 
 
 For the special and extraordinary services of John Sedgwick, Esq., as special counsel for 
 the United States marshal and deputy marshals, as per voucher annexed (withdrawn 
 by marshal) 3,500 00 
 
 Total 53,337 00 
 
 Payment of the within account allowed under the special taxation of the Circuit Court of the 
 United States for the southern district of New York, in which district the services were rendered, 
 and is to be paid from the appropriation for defraying the expenses of the judiciary. 
 
 An advance of an amount sufficient to pay the same is authorized. 
 
 U. S. GRANT. 
 
 Executive Mansion, December 21, 1870. 
 
 In addition to the above the following account was allowed and paid : 
 The United States to George L. Sharpe, United States marshal southern district of New Toric, Dr. 
 Moneys paid out during the election for representatives in Congress, Novpmber 8, 1870, under the 
 
 acts of Congress relating to elections, severally approved May 31, 1870, and July 14, 1870. 
 To carriages for conveyance of prisoners to this office on arrest, and from this office to 
 
 county jail, as per voucher annexed $18 00 
 
 To bills of Western Union Telegraph Company for the erection of four special oflBces 
 
 and connections with their city lines ; and for messages eent and received, on day 
 
 of election, as per voucher annexed 336 98 
 
198 TIIKEE MONSTROUS GRIEVANCES. 
 
 To bill of M. O. Sullivan, special clerk, for making and copying lists of commissions, 
 filing up commissions, correcting lists from time to time as changes were made, ren- 
 dered necessary by refusals to act, removals, and resignations, and filling out new 
 
 commissions therefor, as per voucher annexed 50 00 
 
 To bill of expenses of the United States marshal, George H. Sharpe, in proceeding to 
 Washington and back twice on business connected with the election, as per vouclier 
 
 annexed 52 00 
 
 To bill for badges of chief deputy marshals, as per voucher annexed 44 00 
 
 To bill for badges of deputy marshals, as per voucher annexed 1,250 00 
 
 To bill of printer, G. B. Tripp, for commissions for supervisors of election ; for com- 
 missions of deputy marshals, for acts of Congress, for instructions to supervisors and 
 deputy marshals, as per voucher annexed 363 50 
 
 Total 2,014 48 
 
 Deduct items No. 4 above— not taxed 52 00 
 
 Total amonnt of voucher 1,962 48- 
 
 The total amount paid in 1872 for New York City was as follows : 
 
 Amount paid deputy marshals on district rolls $50,500 00 
 
 Amount paid deputy marshals on supplementary rolls 7,155 00 
 
 Amount paid supervisors of elections on district rolls 23,885 00 
 
 Amount paid deputy marshals on headquarters rolls , 3,925 00 
 
 Total 85.555 00 
 
 To extraordinary expenses incurred in enforcing the acts of Congress in relation to elec- 
 tions at the election held in the city of New York on the 5th of November, 1872 33,434 36 
 
 Total $118,989 36 
 
 In 1876 there was expended in the same way for New York city $94,587.96. 
 Of this Davenport received $19,383.36. 
 
 In 1878 the amount paid the chief supervisor Davenport was not reported to 
 Congress, but there was paid to supervisors and deputy marshals for that year 
 in New York City $57,000. In 1876 Davenport was paid $19,383.36. He was not 
 paid a less amount in 1878. 
 
 NO NECESSITY FOR FEDERAL ELECTION LAWS. 
 
 As to the necessity for all this expenditure of money in New York City Mr. 
 Samuel J. Glassey, who was employed by the Union League Club in 1868 to work 
 up the frauds of 1868, a good Republican, testified as follows : 
 
 Q. What do you say of the necessity of Federal interference in elections here in this city and 
 the considerable expenditure of public money in that respect at the present time ? A. Keeping in 
 view the laws of the state now in force. 
 
 By Mr. Cochran : Q. And which have been in force how long? A. Since 1873. I regard any 
 action on the part of the United States as wholly unnecessary. 
 
 By Mr. Meade : O. An expenditure therefore unnecessary ? A. A dead waste of public money, 
 and also objectionable as affording an opportunity to the person who happens to hold the office of 
 chief supervisor to distribute a great deal of patronage among the most dangerous and worthless 
 class in the community, the lower breed of politicians. 
 
 Q. Right there, won't you illustrate the practical operation of it in local politics of employing 
 these marshals ? A. In a city like this there are always hundreds of men who have hardly any 
 regular employment, who are chronic seekers of small offices, hangers-on to the politicians of all 
 grades and stripes. About the time of election they make a little money by doing miscellaneous 
 work for the candidates. It is from that class of men that these supervisors and marshals, 
 especially the marshals, are most likely to be selected. Their pay is a per diem fixed by law, and 
 for as man}"^ days, not exceeding ten, as the marshal and chief supervisor may choose to certify. 
 
 Q. Migiit not such a power vested in the marshal be used, in the hands of an improper man, for 
 purposes of corruption ? A. Unquestionably. The duties of a deputy marshal are purely nomi- 
 nal. They have no authority except to keep the peace and see that the supervisors are not inter- 
 fered within the discharge of their duties. Except under such exceptional circumstances as ex- 
 isted in 1870, there has not been the slightest danger of the breach of the peace; and, besides that, 
 the municipal police, which is a regularly organized and well-disciplined force, is there for that 
 special purpose, and under ordinary circumstances, there is no reason to doubt the fairness and 
 efficiency of their action. If there should be a contest between the state and national authorities, 
 ten policemen would be worth fifty marshals. In other words, I regard the marshals, selected as 
 they are and as they must be, as purely useless. 
 
 The Democratic majority in Congress, in view of the occurrences of 1876 and 
 in previous years, and respecting the demand made by a majority of the people 
 of the United States, determined to repeal the obnoxious features of the laws we 
 have quoted. "We will take up these laws in the order in which we have quoted 
 them 
 
THREE MONSTROUS GRIEVANCES. 199 
 
 TROOPS AT THE POLLS. 
 
 Mrst. Section 2002 Revised Statutes. This section, as we liave shown, was in- 
 tended to prevent the interference of the military at the polls. It was, neverthe- 
 less, the pretext of authority for all the lawless invasions of the rights of the peo- 
 ple of which Grant's administration was guilty in the employment of troops to 
 control elections. 
 
 THE TROOPS AT A NEW YORK ELECTION. 
 
 At the Congressional election of 1870, the military and naval forces of the 
 United States were threatened to be used, and were prepared for use in the city 
 of New York, vide the following : 
 
 BELKNAP'S ORDER. 
 
 [Official.] 
 
 Wak Department, | 
 
 Washington City, Oct. 27, 1870. f 
 Sir : In view of the apprehension that there may be possible opposition made to the United 
 States laws in connection with the coming election in the city of New York, November 8, 1870, 
 the President directs that you instruct Brigadier-General McDowell, commanding the Department 
 of the East, to hold the troops in.that vicinity in readmess for service during a week, if necessary, 
 to protect and assist the civil officers of the United States in their duty of enforcing the laws. 
 The engineer troops and all others in the harbor of New York and vicinity will, for the occasion, 
 be at his command. You will instruct General McDowell to confer fully beforehand with the 
 United States Marshal and the United States District Attorney, to concert with them proper meas- 
 ures, and to promptly respond to any call made upon him for troops by the marshal during the 
 week of the election, ordering them in such numbers and to such points in the city as the marshal 
 may signify. 
 
 The President hopes that the use of the United States troops for the purpose indicated will 
 never be required, but the law must be enforced, and he therefore expects General McDowell 
 and the officers and troops under his command, while using the utmost discretion, to take care 
 that the purposes of the government to enforce the law is fully carried out ; but in the performance 
 of this duty they are only effectually to execute the measures indicated to them by the authorized 
 civil officers of the United States. 
 
 I am, sir, very respectfully, your obedient servant, 
 
 WM. W. BELKNAP, Secretary of War. 
 
 CHAUNCEY McKEEVER, Assistant Adjutant-General. 
 
 General W. T. Sherman, 
 
 United States Army, Washington. D. C. 
 
 BY COMMAND OP BRIGADIER-GENERAL M'DOWELL. 
 [Special Orders, No, 229.] 
 
 Headquarters os the Department of the East, I 
 New York City, November 5, 1870. f 
 
 1. The available officers and two hundred non-commissioned officers and privates of the en- 
 gineer troops at Willett's Point, New York Harbor, will come to the headquarters building in this 
 city, on next Monday evening, November 7, so as to arrive at 10 P. M., prepared for armea service, 
 and remain at least till Wednesday morning. They will come in a steamboat, which the quarter- 
 master's department will send for them, anil will be landed at the foot of Spring street (Pier No. 43 
 North river), and march thence and take the station which may be shown them by the district 
 
 ?[uartermaster. They will bring a day's cooked rations. Facilities will be afforded in the building 
 or making hot coffee. 
 
 2. All the available officers and the men of the Eighth Infantry will be brought to the city on 
 Monday the the 7th instant, to arrive about 10 o'clock P. M. They will come prepared for armed 
 service, with their overcoats and blankets, to remain at least till Wednesday morning the 9th in- 
 stant. The colonel, with five companies will take post in building No. 161 Avenue B, near the 
 northeast p orner of Tompkins square, and the lieutenant-colonel, with five companies, will take 
 post in buildings Nos. 322, 324, and 326 East Forty -fifth street, between First and Second avenues. 
 
 3. The available officers and men of the companies of the First Artillery at Forts Hamilton, 
 Wadsworth, and Wood, under Colonel Vogdesor the senior officer, will come to the city on Mon- 
 day evening, the 7th instant, to arrive by about 10 P. M., prepared for armed service, and to remain 
 at least till Wednesday morning. They will take post at building No. 294 Broadway, near the cor- 
 ner of Reade street, and will land at the wharf most convenient for their reaching that point. They 
 will bring with them a day's cooked rations and their camp-kettles for making coffee. • The district 
 quartermaster will furnish drays to carry their effects from the steamboat. 
 
 4. The troops above indicated, and the Fifth Artillery from Fort Trumbull and Fort Adams, 
 are to be brought here to aid the United States civil officers in the execution of their duty in en- 
 forcing the United States laws ; audit cannot be too strongly impressed on them that the duty 
 they have to perform is one of exceeding delicacy and of the highest importance, and that it may 
 depend largely on their fidelity and good conduct that peace is maintained. They will be held for 
 service at literally a moment's notice ; and from the time of their arrival not a man will be al- 
 lowed to leave the building on any account, or for any purpose whatever, unless under a com- 
 missioned officer. 
 
 5. Commanders of the stations above named will, immediately on their arrival, send a report of 
 the fact to department headquarters. 
 
 By command of Brigadier-General McDowell. 
 
 ROBERT C. PERRY, Acting Assistant Adjutant-General. 
 
200 THREE MONSTROUS GRIEYANCES. 
 
 THE tribune's ACCOUNT OF THE COMING OF TROOPS. 
 
 The New York Tribune, Nov. 9, 1870, says : 
 
 The troops came on Monday night (the night before the election) and disembarked silently to 
 their several quarters. During the day perfect order reigned. The headquarters of the department, 
 at the corner of Houston and Greene streets, presented a quiet appearance. The stairways, how- 
 ever, leading to the two upper stories of the building, were packed with troops. The engineer de- 
 partment from Willett's Point, numbering three hundred men, with companies H and I of the Fifth 
 United States Artillery from Fort Trumbull, New London, Connecticut, all under command of Col. 
 Kiddoe, were quartered in the halls and on the stairs. Their arms were stacked, and the men were 
 scattered around on benches and on the floor, or stood in groups engaged in conversation. All were 
 armed with the latest improved needle-gun, and furnished with forty rounds of ammunition, with, 
 one hundred rounds a man in reserve. 
 
 At pier No. 27 North River, companies A, B, and L, of the Fifth United States Artillery, from 
 Port Adams, Newport, were quartered on the steamer Metis. In addition to these was Dupont's 
 Light Battery of four guns. No one was allowed to leave the boat or to enter without a pass. The 
 men were in the lower part of the boat and the officers were in the cabin under Col. Hunt. 
 
 Companies B, C, D, H, and M. of the First United States Artillery, Col. Vogdes, from Forts 
 Hamilton and Wadsworth, New York Harbor, were stationed in the three upper siories of No. 294 
 Broadway. 
 
 At No. 161 Avenue B, near Tompkins square, there were stationed the first five companies of the 
 Eighth Infantry, Col onel Bomf ord in command. This regiment came from David's Island, and was 
 armed with the needle-gun. They were quartered in the hall over a lager beer saloon, and company 
 A was kept under arms ready for marching orders. The remainin,^ five companies of the regiment 
 were on Forty-fifth street, between First and Second avenues, in the large room of a brewery. 
 Guards were, as in all cases, starioned at the top and bottom of the stairs, and all who applied for 
 entrance were taken under guard before Colonel Edie. Long rows of stacked arms extended the 
 whole length of the hall. An ample supply of ammunition was brought to the plaae, amounting in 
 the aggregate to one hundred and forty rounds for each man. 
 
 The Tribune goes on to say : 
 
 In the river and harbor, the frigates Guerriere and Narragansett were at anchor at the foot of 
 Chambers street. North River, and Wall street. East River, respectively. The port-holes were all 
 closed, however, and every appearance of warlike preparation on board was avoided. None other 
 than the troops regularly stationed there were on Governor's Island. 
 
 GOVERNOR HOFFMAN'S ELOQUENT PROTEST. 
 
 The Democratic governor of New York, Mr. Hoffman, at the meeting of the 
 legislature in January following, in his message, speaking of this outrageous vi- 
 olation of law, said : 
 
 Since the adjournment of the legislature, the Federal government has assumed to interfere di- 
 rectly, by its officers and armed forces, with elections in this state. The pretext was fear that the 
 Tight of suffrage would, in some way. be denied to the class of persons upon whom it had been con- 
 ferred by the fifteenth amendment to the Constitution of the United States. It was a mere pretext; 
 for our state legislature at its last session promptly altered our election laws to conform with that 
 amendment so soon as it was declared adopted. Moreover, this class of voters had exercised their 
 new right freely and without the least molestation at our state election, which took place in May 
 last. 
 
 Congress, nevertheless, enacted a law for the ostensible purpose of supervising the election of 
 Congressmen only; and the President was authorized to employ the army and navy to enforce cer- 
 tain of its provisions. Under color of this act, the President and other United States officials 
 claimed the right to supervise the entire election, not only for representatives in Congress, but for 
 state and local officers. In the city of New York, special preparations were made to enforce this 
 ■claim. A large number of United States deputy marshals and supervisors were appointed, many 
 of whom were men of well known disreputable characters, and some of whom had been convicted 
 •criminals; a class of dangerous men never before chosen by any ruling authority, in any commu- 
 nity, as conservators of the peace. They were instructed, under advice of the Attorney-General of 
 the United States, to submit to no interference from any quarter under state or municipal author- 
 ity. Orders were issued which authorized them, in the discretion of each one of them, to arrest 
 at the polls, citizens claiming the right to vote, as well as the inspectors who were charged by law 
 with the custody of the ballot-boxes. These arrests were to be effected without process of law is- 
 sued upon formal complaints. 
 
 Then telling what steps he had taken with the best organized regiments of New 
 York, to guard all the rights of every citizen, he said : 
 
 Notwithstanding all this, by the President's orders. United States troops were brought from dis- 
 tant posts and quartered in the city of New York, and ships of war were anchored in its harbor. It 
 was certainly not unreasonable to expect that the first drop of citizens' blood shed in the city of 
 New York by Federal troops in time of peace, might lead to terrible results, involving great loss of 
 life and incalculable destruction of property. 
 
 ************* 
 
 At the last moment, that is to say, the afternoon immediately before the election, the ofticers of 
 the United States fortunately and wisely abandoned the extreme ground they had taken, and en- 
 tered into a stipulation with the local authorities of New York City in my presence,' v^hich 
 resulted in preventing any armed interference by troops, either of the United States or of the 
 state. 
 
 To depend for the peace and order of localities on the Federal army is not self-government; to- 
 substitute the regular soldier with his musket as a peace officer in place of the constable with hia 
 writ, is not to preserve the peace, but to establish the condition of war; to surrender elections to 
 
THREE MONSTROUS GRIEVANCES. 201 
 
 "the control of the President, supported by armed forces, is to surrender liberty and to abandon a 
 .republic. 
 
 TROOPS IN PENNSYLVANIA AND GOVERNOR GEARY'S PROTEST. 
 
 In the preceding year, 1869, when an election for governor and state officers 
 :alone, was to be held in the state of Pennsylvania, an armed body of marines 
 ^ere brought to the polls in the third precinct of the fifth ward of Philadelphia. 
 This armed body of Federal troops took possession of the polls and kept them 
 closed for an hour, and when they did allow the election to proceed they exer- 
 cised the right to allow or disallow citizens to vote. 
 
 In commenting upon this extraordinary and outrageous interference of the 
 
 Pederal soldiery, Gen. John W. Geary, the Republican governor of Pennsylvania, 
 
 in his next annual message to the legislature of that state, said: 
 
 The employment of United States troops at elections, without the consent of the local and state 
 governments, has recently received considerable attention and reprehension. It is regarded as an 
 interference with the sovereign rights of the states which was rot contemplated by the founders of 
 the general government, and if persisted in must lead to results disastrous to peace and harmony. 
 The practice is one so serious in its character, and so injurious in its tendencies, as to merit prompt 
 consideration and decisive action, not only by the General Assembly, but by Congress. One of the 
 complaints of the colonists against the British king was the oppression growing out of the assump- 
 tion of this power. They said: " He has kept among, us in times of peace, standing armies with- 
 out the consent of our legislatures," and what is especially pertinent to the case m point, "he 
 has affected to render the military independent of, and superior to the civil power." The alleged 
 authority for the use of troops at our state elections is derived from the tenth section of an Act of 
 Congress, approved May 31, 1870, entitled, *' An Act to enforce the right of citizens of the United 
 States to vote in the several states of the Union, and for other purposes," which authorizes United 
 States marshals to call to their assistance " such portion of the land and naval forces of the United 
 States, or of the militia, as may be necessary to the performance of the duty with which they are 
 charged, and to insure a faithful observance of the fifteenth amendment to the Constitution of the 
 United States." But it must be a forced construction of this law that will justify the presence of 
 armed national forces at our places of election when no necessity exists therefor, and where their 
 presence is calculated to provoke collision. With a good President, the exercise of the power re- 
 ferred to might have no injurious results, but in the hands of a bad man, governed by personal 
 ambition, it might prove exceedingly calamitous. Unconsciously, a good President might be in- 
 duced to employ it wrongfully; a bad one would be almost certain to use it for his own advancement. 
 Under any circumstances, in my opinion, it is unsafe and antagonistic to the principles that should 
 govern our Republican institutions. At the last October election United States troops were sta- 
 tioned in Philadelphia for the avowed purpose of enforcing the election laws. This was done with- 
 out the consent, or even the knowledge of the civil authorities of either the city or the state, and 
 without any expressed desire on the part of the citizens, and, as far as can be ascertained, without 
 existing necessity. From a conscientious conviction of its importance, I have called your attention 
 to this subject. A neglect to have done so might have been construed as an indorsement of a 
 measure that meets my unqualified disapproval. The civil authorities of Pennsylvania have always 
 been, and are still, competent to protect its citizens in the exercise of their elective franchise, and 
 the proper and only time for the United States military forces to intervene Would be when the 
 power of the commonwealth is exhausted, and their aid is lawfully required. 
 
 Brightly, in his Digest of American Election Cases, an eminent and impartial 
 
 legal authority, says: 
 
 Perhaps there is no better proof of the extent to which the principles of civil and political liberty 
 have passed from the remembrance of the American people, than the fact recorded in the daily 
 newspapers, without comment, that at the municipal election of the city of Charleston, held on the 
 2d of AugU!?t, 1871, six years after the close of the civil war, a body of Federal troops was stationed 
 at each precinct, to prevent violence. And this without shadow of authority, and without its ex- 
 citing the slightest emotion in the citizens of what is claimed to be a free country. 
 
 THE USE OP TROOPS IN VIRGINIA DEFENDED BY GRANT. 
 
 The troops of the United States were sent to Petersburg, Virginia, in Novem- 
 ber, 1876, to control the elections. They performed the work of intimidating 
 voters. Gen. Grant, in his special message to Congress, December 14, 1876, ad- 
 vocated and defended the right of the Executive to thus employ the military arm 
 of the Federal government. He said : 
 
 These inclosures will give all the information called for by the resolution, and I confidently 
 believe will justify the action taken. It is well understood that the presence of United States 
 troops at polling places never prevented the free exercise of the franchise by any citizen, of what- 
 ever political faith. If, then, they have had any effect whatever upon the ballot cast, it has been 
 to insure protection to the citizen casting it in giving it to the candidate of his unbiased choice 
 without fear, and thus securing the very essence of liberty. It may be the presence of twenty-four 
 United States soldiers under the command of a captain and lieutenant, quartered in the custom- 
 house at Petersburgh, Virginia, on the 7th of November, at a considerable distance from any poll- 
 ing place, without any interference on their part whatever, and without going near the polls during 
 the election, may ham secured a different result from what would have been obtaiTiedi/they had not 
 
202 THBEE MONSTKOUS GRIEVANCES. 
 
 been there (to maintain the peace in case of riot) on the face of the returns. But if such is the case, 
 it is only proof that in this one congressional district in the state of Virginia the legal and consti- 
 tutional voters have been able to return as elected the candidates of their choice. 
 
 U. S. GRANT. 
 Executive Mansion, December 14, 1878. 
 
 ORDER OF GENERAL SHERMAN, DATED DECEMBER 11, 1876. 
 
 To a more complete imderstandinw of the case, I will add that on the 2d of November a gentle- 
 man came tome from the Attorney-General, representing that there was reason to apprehend a 
 breach of the peace at Petersburgh, Virginia, aad asking a detachment of troops to be sent there. 
 You being then absent, I saw Judge Taft in person, and he advised that a company of soldiers be 
 sent to Petersburgh, if practicable; and the next day, being in New York city, I saw General Han- 
 cock in person, and after some inquiries as to the troops available, I ordered him to send the above- 
 designated company to Petersburgh, to remain during the election of November 7, and then return 
 to its post. 
 
 I inclose a copy of his orders; also copies of General Orders Nos. 85 and 96, which include all 
 the orders and instructions made to troops serving in districts where disturbances were appre- 
 hended. 
 
 I have the honor to be, your obedient servant, 
 
 W. T. SHERMAN, General. 
 Hon. J. D. Cameron, Secretary of War. 
 
 OW THE TROOPS WERE EMPLOYED. 
 
 How the United States troops were for years used to control elections in Louis- 
 iana, South Carolina, Florida, Georgia, Alabama, Mississippi and every other 
 Southern state, everybody knows. In the state of Georgia a Federal army of- 
 ficer, acting under orders from Washington invaded her legislative halls and 
 turned out nineteen duly elected representatives, and set up and maintained by 
 Federal bayonets a railroad official as Speaker of the Georgia House of Repre- 
 sentatives. In 1872 the Attorney-General of the United States sent the following 
 telegram to the United States marshal at New Orleans : 
 
 Department op Justice, December 3, 1872, 
 S. B. Packard, Esq., United States Marshal, New Orleans, Louisiana. 
 
 You are to enforce the decrees and mandates of the United States courts, no matter by whom re- 
 sisted, and General Emory will furnish you with all necessary troops for that purpose. 
 
 GEO. H. WILLIAMS, Attorney-General. 
 
 The people of Louisiana had elected a Conservative Republican Governor and 
 Legislature. The Federal officials were determined to nullify the will of the peo- 
 ple and install as Governor Wm. Pitt Kellogg and a Radical Legislature. To do 
 this it was necessary to obtain an illegal order from the Judge of the United 
 States District court. An infamous creature named Durell issued that order at 
 his boarding house at midnight, and it will be known through all coming time 
 as Durell's infamous midnight order. The Senate Committee on Privileges and 
 Elections subsequently inquired into all these proceedings in connection with the 
 election of a United States Senator. The majority of the committee in this re- 
 port, which was signed by Senators Carpenter, Anthony and Alcorn, all Re- 
 publicans, say of Durell's order : 
 
 It is impossible to conceive of a more irregular, illegal and in every way inexcusable act on 
 the part of the Judge conceding the power of the court to make such an order. The Judge out of 
 cofiirt had no more authority to make it than had the marshal. It has not even the form of judicial 
 process. It was not sealed, nor was it signed by the clerk, and had no more legal effect than an 
 order issued by any private citizen. 
 
 WHAT FOLLOWED THE INFAMOUS ORDER. 
 
 Yet upon this order the United States troops ordered from Pensacola Bay, 
 Florida, reached New Orleans just after it was issued, and acting under the or- 
 ders of the marshal took possession of the State House and set up and maintained 
 the Kellogg government. The order of Attorney- General Williams above quoted 
 was the authority of the marshal for this high handed and illegal act. The troops 
 from Florida were ordered to New Orleans before, showing that there was con- 
 cert between the Federal administration in Washington and the conspirators 
 against free government in Louisiana. Judge Trumbull, of Illinois, a member of 
 
THREE MONSTROUS GRIEVANCES. 20S 
 
 the Senate Committee on Privileges and Elections, in his report said of these 
 proceedings : 
 
 This dispatch, so far as the evidence shows, was not responsive to any call for troops, there had 
 been no resistance to any process of the United States courts, nor does it appear that any was threat- 
 ened. R. H. Jackson, a captain in the First Artillery, United States Army, testified that he went 
 to New Orleans on the night of December 5 with two batteries of his regiment and eighty-six men. 
 
 The same night, December 5, between nine and eleven o'clock. Judge Durell. at his private lodg- 
 ings, issued his order which, for want of jurisdiction, was void, and entitled to no respect from 
 anybody, directing the United States marshal forthwith to take possession of the State-House, to 
 hold the same until the further order of the court, and prevent all unlawful assemblage of persons 
 therein, having reference to the persons returned as elected to the legislature according to the offi- 
 cial returns. Captain Jackson testifies that he took possession of the State-House at about two 
 o'clock in the morning of the 6th, with instructions to take and hold it under the direction of the 
 United States marshaland to act in obedience to his orders. He further testified that he was not 
 stationed in the State-House to prevent riots, but to hold the building, and that if a riot had occurred 
 in front of the building he would not have interfered. He posted two soldiers at the entrance door, 
 who guarded it with crossed bayonets, and suffered no one to enter the building except by permis- 
 sion of the United States marshal, one of whose dejjuties was at all times present. These troops 
 continued to occupy the State-House for more than six weeks, until January 21. and it is manifest, 
 from the whole testimony, that they were not there to preserve the peace but to carry out the 
 illegal orders of Judge Durell, and prevent the legally elected members of the legislature from 
 assembling and organizing. , 
 
 In South Carolina, in 1876, the troops of the United States were stationed at 
 SIXTY-SIX different polling places and openly employed to intimidate both white 
 and black electors. These troops were sent there without the state legislature 
 having been convened, or attempted to be convened, as the Constitution requires 
 to be done before the governor is authorized to ask the President for troops. 
 They were sent also at a time when every judge in South Carolina, all Republi- 
 cans except one, had certified that the state was in peace and quiet, and in ready 
 obedience to the civil processes of the law. 
 
 THE CROWNING ACT OP INFAMY, 
 
 in all this series of infamous acts, was the bringing of and the quartering of 
 United States troops in the city of Washington, in December, 1876, for the 
 avowed purpose of overawing and intimidating the Democratic majority in the 
 House of Representatives, and to enforce the right of the President of the Senate 
 to count the electoral vote, register the fraudulent counts of the returning 
 Boards, and complete the work of fraud and force. On December 10, 1876, 
 Grant, in conversation with an Associated Press reporter, said : "There are six 
 HUNDRED or EIGHT HUNDRED troops iu Washington. If there should be any 
 necessity for more, I will order them hither." The report of the War Depart- 
 ment, July 10, 1876, shows there were no soldiers in Washington. The same 
 authority, January 9, 1877, shows that there were 771 solders at the Washington 
 Arsenal, At the same date there were 1,466 in South Carolina and 1,391 in 
 Louisiana. 
 
 DANIEL WEBSTER ON THE USB OP TROOPS. 
 
 The employment of the military power for such purposes has been condemned 
 
 by all the eminent statesmen of the republic. We will only quote from other 
 
 than Democratic sources. Daniel Webster, in his Bunker Hill oration, said : 
 
 Quite too frequent resort s made to military force ; and quite too much of the substance of the 
 people is consumed in maintaining armies, not for defence against foreign aggression, but fer 
 enforcing obedience to domestic authority. Standing armies are the oppressive instruments for 
 governing the people in the hands of hereditary and arbitrary monarchs. A military republic, a 
 
 fovemment founded on mock elections and supported only by the sword, is a movement indeed, 
 ut a retrograde and di.«astrous movement, from the regular and old-fashioned monarchical systems. 
 If men would enjoy the blessings of republican government they must govern themselves by rea- 
 son, by mutual counsel and consultation, by a sense and feeling of general interest, and by the 
 acquiescence of the minority in the will of the majority, properly expressed ; and, above all, the 
 military must be kept, accordiner to the language of our bill of rights, in strict subordination to the 
 civil authority. Wherever thislesson is not both learned and practiced there can be no political 
 freedom. Absurd, preposterous is it, a scoff and a satire on free forms of constitutional libery, for 
 frames of government to be prescribed by military leaders, and the the right of suffrage to be exer- 
 cised at the point of the Bword.— Works of Daniel Webster, volume 1, pages 98 and 99. 
 
204 THREE MONSTROUS GRIEVANCES. 
 
 MR. EVARTS' ELOQUENT PROTEST. 
 
 The present Secretary of State, Hon, Wm. M. Evarts, speaking to the citizens 
 of New York City, on the occasion of an indignation meeting held to condemn 
 the illegal interference of the United States troops, commanded by General De 
 Trobriand, acting under the order of General Grant, in January, 1875, in turning 
 out the legally elected legislature of Louisiana at the point of the bayonet, said : 
 
 I must confess that the news that came from Louisiana a few daj' s ago has profoundly alarmed 
 me. A thing has happened which has never happened in this country before, and which nobody, 
 I trust, ever thought possible. 
 
 When the legislature convened— and I repeat, it convened according to law, at the time and in 
 the place fixed by law, called to order by the very officer designated by law— those persons were 
 claimants for seats on the ground of the votes they had; some of them presenting claims so strong 
 on the ground of majorities so large that even such a returning board as Louisiana had did not 
 ■dare to decide against them; and when they had been seated in the legislature organized as I 
 ■have described, United States soldiers with fixed bayonets decided the case against them and took 
 them out of the legislative hall by force. When that had been done the conservative members left 
 that hall in a body with a solemn protest. The United States soldiery kept possession of it; and 
 then, under their protection, the Republicans organized the legislature to suit themselves. 
 
 There is another thing which especially the American peojne hold sacred as the life element of 
 their republican freedom. It is the right to govern and administer their local affairs independ- 
 ■ently, through the exercise of that self-goveenment which lives and has its being in the organism 
 of the states; and, therefore, we find in the Constitution of the Republic the power of the Na- 
 tional government to interfere in state aft'airs most scrupulously limited to well-defined cases and 
 the observance of certain strictly prescribed fonns; and if these limitations be arbitrarily disre- 
 garded by the national authority, and if such violation be permitted by the Congress of the Uni- 
 ted States, we shall surely have reason to say that our system of republican government is in 
 danger. 
 
 I cannot, therefore, escape from the deliberate conviction, a conviction conscienticmsly formed, 
 that the deed done on the 4th of January, in the State-House of the state of Louisiana, by the 
 anilitary forces of the United States constitutes a gross and manifest violation of the Constitution 
 and the laws of this Republic. We have an act before us indicating a spirit in our government 
 which either ignores the Constitution and the laws or so interprets them that they cease to be the 
 ^fiafeguard of the independence of legislation and the rights and liberties of our people. And that 
 spirit shows itself in a shape more afarmibg still in the instrument the Executive has chosen to 
 •execute his behests. 
 
 On all sides you can hear the question asked, "If this can be done in Louisiana, and if such 
 things be sustained by Congress, now long will it be before it can be done in Massachusetts and 
 in Ohio? How long before the constitutional rights of all the states and the self-government of 
 all the people may be trampled under foot? How long before a general in the army may sit in the 
 <chair you occupy, sir, to decide contested election cases for the purpose of manufacturing a ma- 
 jority in the Senate? How long before a soldier may stalk into the national House of Represen- 
 tatives, and, pointing to the Speaker's mace, say, * take away that bauble ?' " 
 
 HOW TO PRESERVE OUR LIBERTIES. 
 
 ************* 
 And now the culminating glory to-day— I do not know whether it will be the culminating glory 
 to-morrow; Federal soldiers, with fixed bayonets, marching into the legislative halls of a state, 
 and invading the legislature assembled in the place, and at the time fixed by law, dragging out of 
 the body, by force, men universally recognized as claimants for membership, and having been 
 seated; soldiers deciding contested-election cases and organizing a legislative body; the lieuten- 
 ant-general suggesting to tbe President to outlaw by proclamation a numerous class of people by 
 the wholesale that he may try them by drumhead court-martial, and then the Secretary of War 
 informing the lieu; enant-general by telegraph that "all of us," the whole government, have full 
 xjonfidence in his judgment and wisdom. And, after all this, the whites of the South gradually 
 driven to look upon the national government as their implacable and unscrupulous enemy, and 
 the people of tlie whole country full of alarm and anxiety about the safety of republican institu- 
 tions and the rights of every man in the land. 
 
 He who in a place like ours fails to stop or even justifies a blow at the fundamental laws of the 
 land, makes himself the accomplice of those who strike at the life of the Republic and the liberties 
 of the people. 
 
 ************* 
 
 If you really think that the peace and order of society in this country can no longer be main- 
 tained through the self-government of the people under the Constitution and the impartial enforce- 
 mentof constitutional laws; if you really think that this old machinery of free government can no 
 ionger be trusted with its most important functions, and that such transgressions on the part of 
 those in i)ower as now pass before us are right and necessary for the public welfare, then, gentle- 
 men, admit than the government of the people, for the people, and by the people, is a miscarriage. 
 Admit that the hundredth anniversary of this Republic must be the confession of its failure, and 
 makeupyour minds to change the form as well as the nature of our institutions; for to play at 
 republic longer would then be a cruel mockery. But I entreat you do not delude yourselves and 
 others with the thought that by following the fatal road upon which we are now marching you 
 can still preserve those institutions; for I tell you, and the history of struggling mankind bears me 
 out, where the terms of constitutional government can be violated with impunity, there the spirit 
 of constitutional government will soon be dead. 
 
 CARL SCHURZ ON THE USE OP TROOPS. 
 
 The present Secretary of the Interior, speaking of these things in the South 
 and elsewhere, said : 
 
THREE MONSTROUS GRIEVANCES. 2 OS- 
 
 United States soldiers, with fixed bayonets, decided the case against them, and took them one 
 of the legislative hall by force. * * * I cannot, therefore, escape from the deliberate 
 conviction— a conviction conscientiously formed— that the deed done on the 4th of January, in the 
 State-House of Louisiana, by the military forces of the United States, constitutes a gross and man- 
 ifest violation of the Constitution and laws of this Republic, * * * if this can be done- 
 in Louisiana, and if such things be sustained by Congress, how long will it be before it can be- 
 done in Massachusetts and Ohio? 
 
 He who, in a place like ours, fails to stop, or even justifies a blow at the fundamental laws of the 
 land, makes himself the accomplice of those who strike at the life of the Republic and at the lib- 
 erties of the people. 
 
 JUDGE M'CREARY ON TROOPS AT THE POLLS. 
 
 Hon. George W. McCreary, late Secretary of War, and recently appointed 
 United States Judge, in his book on Contested Elections, says: 
 
 There can, however, be no doubt but that the law looks with great disfavor upon anything like 
 an interference by the military with the freedom of an election. An armed force in the neighbor- 
 hood of the polls is almost of necessity a menace to the voters and an interference with their free- 
 dom and independence, and if such armed force be in the hands of or under the control of the 
 partisan friends of any particular candidate, the probability of improper influence becomes still 
 stronger. 
 
 THE ENGLISH LAW. 
 
 Blackstone, the most eminent of English authorities in his commentaries says : 
 And as it is essential to the very being of Parliament that elections should be absolutely free,^ 
 therefore all undue influences upon the electors are illegal and strongly prohibited. * * * As 
 soon, therefore, as the time and place of election, either in counties or boroughs, are fixed, all 
 soldiers quartered in the place are to remove at least one day before the election to the distance of 
 two miles or more ; and not to return till one day after the election is ended. 
 
 OTHER EMINENT AUTHORITIES. 
 
 Dr. Liefber, in his work on civil liberty and self-government, in speaking of 
 
 elections, says : 
 
 It is especially necessary that the army be in abeyance, as it were, with reference to all subjects- 
 and movements appertaining to the question at issue. The English law requires the removal of 
 the garrison from every place where common election for Parliament is gomg on. Much more^ 
 necessary is the total neutrality of the army in an election of the sort of which we now treat. 
 
 Judge Cooley, in his work on Constitutional limitations, under the title of the 
 
 "Freedom of Elections," on page 614 says : 
 
 And with a just sense of the danger of military interference where a trust is to be exercised, the 
 highest as well as the most delicate in the whole machinery of the government, it has not been 
 thought unwise to prohibit the militia being called out on election days, even though for no other 
 purpose than for enrolling and organizing them. 
 
 The ordinary police is the peace force of the state, and its presence suggests order, individual 
 safety, and public security ; but when the militia appear upon the stage, even though composed of 
 citizen militia, the circumstances must be assumed to be extraordmary, and there is always an 
 appearance of threatening and dangerous compulsion which might easily interfere seriously with 
 that calm and unimpassioned discharge of the elector's duty which the law so justly favors. The 
 soldier in organized ranks can know no law but such as is given him by his commanding ofllcer, 
 and when he appears at the polls there is necessarily a suggestion of the presence of an enemy, 
 against whom he may be compelled to exercise the most extreme and destructive force, and that 
 enemy must generally be the party out of power, while the authority that commands the force 
 directed against them will be the "executive power of the state for the time being wielded by their 
 opponents. 
 
 8EN-\T0R SEWARD ON THE USE OP MILITARY. 
 
 Mr. William H. Seward, from his place in the Senate of the United States in 
 discussing the Kansas troubles in 1856, declared that — 
 
 The time was, and that not long ago. when a proposition to employ the standing army of the 
 United States as a domestic police would have been universally denounced as a premature revela- 
 tion of a plot, darkly contrived in the chambers of conspiracy, to subvert the liberties of the people 
 and to overthrow the Republic itself. 
 
 Civil liberty and a standinq army for the purpose of civil police Jiave never yet stood together, and 
 never can stand together. If I am to choose, sir, between upholding laws in any part of this 
 Republic which cannot be maintained without a standing army, or relinquishing the laws them- 
 selves, I give up the laws at once, by whomsoever they are made and by whatever authority; for- 
 either our system of government is radically wrong, or such laws are unjust, unequal, aud per- 
 nicious. 
 
 *********** 
 
 If the founders of the Constitution had been told that within seventy years from the day on 
 which they laid its solid foundation and raised its majestic columns a standing army would have 
 been found necessary and indispensable merely to execute municipal laws, they would have turned 
 shuddering away from the massive despotism which they had erected. 
 
 HIGH MILITARY AUTHORITY. 
 
 Captain O'Brien, (who distinguished himself as a soldier at Buena Vista^ 
 Mexico), in his very able work on " American Military Law," in his chapter (2> 
 on "restraints of executive," says : 
 
206 THREE MONSTROUS GRIEVANCES. 
 
 Congress may declare when and for what objects the arm}'^ is to be used, and for what purposes 
 it may not be used, and thus chart out accurately the limits of executive power. And even within 
 these limits the action of the Executive, indirectly but absolutely, depends on the concurrence of 
 Congress, which must appropriate funds for the purpose before even a corporal's guard can be 
 moved. 
 
 REPUBLICAN INCONSISTENCY. 
 
 The Democrats in Congress proposed to strike out of section 3002 Revised 
 Statutes the words, "or to keep the peace at the polls." They proposed to do 
 this by placing the repealing clause on the Army Appropriation Bill. Thereupon 
 the Republican leaders in Congress set up the cry that this was revolutionary to 
 enact general legislation on appropriation bills. They all at once saw in "riders " 
 upon appropriation bills a dreadful evil, although in the course of a few years 
 preceding the Republican majority in Congress, had enacted general legislation 
 upon many bills, to the extent of 387 different provisions of law. Every promi- 
 nent member of the party who had ever served in a Republican Congress, from 
 ]VIr. Hayes down have not only advocated, but voted for these riders on approp- 
 riation bills. Moreover, .Secretary of State Evarts had declared upon a memor- 
 able occasion the control of the purse was given to the House in this republic, 
 and to the House of Commons in England for the very purpose of enabling that 
 branch of the legislature to compel redress of grievances. He said : 
 
 What use is it to give the purse and the sword to the House of Commons if the King or the 
 President by military power can determine what shall be the constitution of the House of Com- 
 mons or the House of Congress ? And that is what they fought for in England. * * * And for 
 this reason the people of the United States are justified in assuming that the supreme civil power 
 shall dominate over the military, and that no merging of them or interference with them shall be 
 permitted 
 
 The very Federal Election Laws were enacted by being placed as riders on 
 
 appropriation bills. Indeed the great majority of the infamous legislation of the 
 
 Republican majority in Congress during the past fifteen years was enacted in the 
 
 .same way. 
 
 THE ISSUE SQUARELY MADE. ' 
 
 The Democrats began this memorable contest for the rights of the people, this 
 struggle for human liberty at the last session of the Forty-fifth Congress. They 
 were bitterly fought by the Republicans. The bill passed the House with the 
 repealing clause on it. The Republican Senate would not accept it. The bill 
 went to a conference committee which could not agree. On the final disagreeing 
 report from this conference committee, Hon. Abram S. Hewitt said : 
 
 The conferees, on the part of the Senate, declined to agree to the repeal of so much of the two 
 sections of the revised Statutes as authorized troops to be present at the polls. The issue, there- 
 fore, was fairly and clearly defined. * * * This presents an issue which 
 involves the very essence of free government. The difference between a despotic government and 
 a free government is this, that in a despotism the military power is superior to the civil ; in a free 
 government the civil dominates the military power. And this principle is one which we never 
 fought for. It came to us as an inheritance from our fathers. It was so well recognized that 
 when the Constitution was framed it was not even deemed necessary to insert an article to that 
 effect. * * * * No English speaking man for two hundred years has 
 questioned the principle that soldiers should never be present at the polls. And the question 
 could never have been raised in this country, the demand could never have been made in our 
 land, but for the unhappy calamity of a civil war. In time of civil war all political rights must be 
 surrendered to the necessities of the conflict. And so it was here. We surrendered the right we 
 had inherited, and which up to that hour we had exercised, that no soldier should show himself at 
 the polls. * * * Now, for fifteen years we have been striving to recover that 
 lost ground. We have made gigantic efforts ; sacrifices such as the world never saw, to get back 
 to the resumption of specie payments, and yet we have done nothing for the resumption of our 
 political rights— the rights which lie at the very foundation of this government. The time has come 
 to recover this lost ground ; and I think it is a reproach to our patriotism that the resumption of 
 specie payments should have preceded the resumption of the rights necessary for the preservation 
 of free government. Can we surrender this question ? Would we be justified by the people of 
 this country, now that the issue has been raised, in conceding the principle m time of profound 
 pcaee, fifteen years after the close of the civil war, that soldiers may be ordered by the executive 
 powertothepollson the day of election. * * * If the provision authorizing the 
 presence of troops at the polls shall remain upon our statute books when an unscrupulous executive— 
 and we may have such an one— shall occupy the pre.«idential chair, with this power to control the 
 troops at the polls, the people of this country will never elect his successor. That danger confronts 
 us. We are asked why we press this iasuc now. We press it now because we have had an admon- 
 
THREE MONSTROUS GRIEVANCES. 207 
 
 ition that when the Army Bill failed in the Forty-fourth Congress, the army was maintained with- 
 out law for months, nearly to the time of the nest election, before Congress was called together 
 and provision could be made for its support. * * * j( jg fQj. jj^^t reason that 
 
 the conferees, on the part of the House, have felt themselves constrained to plant themselves 
 firmly upon the ground that they would never yield this position ; and I trust that they will be 
 sustained by the unanimous voice of this House. The issue thus made is one which we are ready 
 to accept before the country. Let the people decide whether they are prepared to surrender the 
 sacred right of untrammelea suffrage, which this bill seeks to guard, and the provisions which m 
 the Legislative Bill are designed to maintain unimpaired the trial by jury, which is the great 
 achievement of our race. Unless the blood which courses in our veins has degenerated from the 
 vital fluid whiah has made the Anglo-Saxon people great and free, I cannot doubt the result of the 
 appeal which I now make to the country {Record, ml. 8, Part 3, 'M sess. 45lh Cong., pp. 2380-81). 
 
 GENERAL GARFIELD'S DEVIOUS COURSE. 
 
 The record of James A. Garfield on the question of "Troops at the Polls" is 
 characteristic of the man. We propose briefly to trace it through all his devious 
 course, and mark his glaring inconsistencies. 
 
 General Garfield followed Mr. Hewitt, and in reply to the speech we have 
 
 quoted from above said : 
 
 Gentlemen talk as though these sections (2002-3) had been adopted to empower the army to 
 interfere with the freedom of elections (we have shown that they were not) ; on the contrary, they 
 were in precisely the opposite direction. It should be remembered that these sections were 
 enacted in 1865 (how, we have shown) ; when the roar of battle was still in our ears ; when our 
 guns were still smoking; when none of the state- in rebellion had been reconstructed ; when 
 none of them had been restored to their place in the circle of the Union; when all was chaos; 
 when, from governor down to the humblest officer in any one of those states, there was no one 
 bore, in the new order of things, anv recognized authority; when even the machinery for the 
 services of ordinary civil processes had all to be set up anew; wheu, by the necessity of the case, 
 the military occupation or all that part of the country was indispensable, even in the view of the 
 most extreme opposers of the Union. * * * Perhaps the law is now as neces- 
 
 sary as it was in 1865. [How could it be in view of what he had just said ?] / am free to admit, 
 far one, that these enactments were passed at a period so different from the present, that probably 
 we can, withmit serious harm in any direction, muster them out as we mustered out of service the vic- 
 torious armies when the war was done. For myself, I see no serious 2>ractical objection to letting these 
 sections go, though I do not quite see how anybody can say that, while a state may call out its own 
 militia to keep the peace at its own polls, and nobody calls that tyranny; nobody calls that 
 ■wickedness, injustice and a menace to civil liberty ; so it seems to me that a nation, when 
 it has its own elections, which its own constitution says it may regulate as* to time, place and man- 
 ner of holding them, may, with great propriety, use its own military force to keep the peace at 
 the polls. That is all there is in these sections that any gentlemen have complained of. Now, I 
 believe that, as a matter of fact, no one will say that any citizen, during the thirteen years and 
 more that this law has stood on our statute booK, has been denied the full and free exercise of the 
 elective franchise in consequence of the presence of armed soldiers of the United States near the 
 polls. If there has been such a case, I will join with any man, of any party, in deprecating it, in 
 deploring it, in doing what I can to prevent its recurrence. But lest' it should be a rock of offence 
 4ind a stone of stumbling to any man in this co^mtry, I, for one, would be willing to let it go out oj 
 the law rather than even appear to sin against the liberty of the citizen. 
 
 WHAT GENERAL GARFIELD MUST HAVE KNOWN. 
 
 The Statement of General Garfield that he did not believe that one citizen had 
 been denied full and free sufi'rage by the presence of troops at the polls is paral- 
 leled only by his other statement about all the states having the right to call out 
 their militia, and have them near or at the polls. He knew better in both 
 cases. The laws of the following states must have been familiar to him : 
 
 NEW YORK. 
 
 If any officer or other person shall call out or order any of the militia of this state to appear 
 and exercise on any day during any election to be held by virtue of this chapter, or within live 
 days previous thereto, except m cases of invasion or insurrection, he shall forfeit the sum of 
 $500 for every such oS.Qu»<i.— {Revised Statutes of New York State, chapter 6, title 7, section 5, 
 page 448.) 
 
 MAINE. 
 
 If any officer of the militia parades his men or exercises any military command on a day of 
 election of a public officer, as described in section 102 of chapter 10, and not thereby excepted, or 
 except in time of war or public danger, he shall for each offense forfeit not less than $10, nor more 
 than fSfiO.— {Revised Statutes of Maine, chapter 4, section 65, page 104.) 
 
 PENNSYLVANIA. 
 No body of troops in the army of the United States, or of this commonwealth, shall be present, 
 either armed or unarmed, at any place of election within this commonwealth during the time of 
 such election. P?-(wicfe<Z, That nothing herein contained nhall be so construed as to prevent any 
 officer or soldier from exercising the right of suffrage in the election district to which he may 
 belong, if otherwise qualified according to la.\v.—{Brightley's Pardon's Digest, 1872; Pennsylvania; 
 eection 124, page 562.) 
 
208 THREE MONSTROUS GRIEVANCES. 
 
 NEW JERSEY. 
 
 No 8uch election shall be appointed to be held on any day on which the militia of thi3 state 
 shall be required to do military duty, nor shall the militia of this state be required to do military- 
 duty on any day on which any such election shall be appointed to be held.— {Dixon's Digest; Nevsr 
 Jersey, revision of 1871; an act to regulate elections; section 33, page 262.) 
 
 ILLINOIS. 
 
 Electors shall in all cases, except treason, felony, or breach of the peace, be privileged from 
 arrest during their attendance at elections, and in going to and returning: from the same, and no- 
 elector shall be obliged to do military duty on the days of election, except in time of war or public 
 da.ngeT.—{Bevised Statutes of Illinois 1874, Constitution 1870, article 7, section 3.) 
 
 MASSACHUSETTS. 
 
 No meeting for the election of national, state, district, county, city, or town officers shall be held: 
 on a day upon which the militia of the commonwealth are by law required to do military duty. — 
 {General Statutes of Massachusetts, 1860, section l,page 58.) 
 
 THE CONSTITUTION OP NEW YORK. 
 All elections ought to be free; and no person, by force of arms, malice, menacing, or other_. 
 wise, shall presume to disturb or hinder any citizen of this state in the free exercise of the right 
 of suffrage. 
 
 THE CONSTITUTION OF DELAWARE. 
 Art. 28. To prevent any violence or force being used at the said elections no persons shall' 
 come armed to any of them, and no muster of the militia shall be made on that day; nor shall any 
 battalion or company give in their votes immediately succeeding each otlier, if any other voter, 
 who offers to vote, objects thereto, nor shall any battalion or company, in the pay of the continent, 
 or of this or any other state, be suffered to remain at the time and place of holding the said elec- 
 tions, nor within one mile of the said places respectively, for twenty-fonr hours before the opening 
 of said elections, nor within twenty-four hours after the same are closed, so as in any manner to- 
 impede the freely and conveniently carrying on the said elections; Provided, always. That every elec- 
 tor may, in a peaceable and orderly manner, give in his vote on the said day of election. 
 
 THE CONSTITUTION OP ARKANSAS. 
 
 Elections shall be free and equal No power, civil or military, shall ever interfere to prevent the 
 free exercise of the right of suffrage. 
 
 THE CONSTITUTION OP GEORGIA. 
 Freedom from arrest on the day of election is guaranteed. 
 
 THE CONSTITUTION OP MICHIGAN. 
 
 No military duty exacted on election days, save in time of war, and freedom from arrest guar- 
 anteed. 
 
 THE CONSTITUTION OP PENNSYLVANIA. 
 
 Elections shall be free and equal; and no power, civil or military, shall at any time interfere to 
 prevent the free exercise of suffrage. Electors shall in all cases, except treason, felony, and breacU 
 of surety of the peace, be privileged from arrest daring their attendance on elections and in gomg 
 to and returning therefrom. 
 
 These same provisions in spirit and substance are to be found in the laws and 
 constitutions of almost every state in the Union. 
 
 Notwithstanding Gen. Garfield's declaration that he was ready to vote for the 
 repeal of that part of section 2003 Revised Statutes which permits ' ' troops at the 
 polls," he did not, and he stood with his side in support of the Senate's refusal to- 
 agree, and the Army Bill failed at the last session of the Forty-fifth Congress. 
 
 GENERAL GARPIELD GOES BACK ON HIMSELP. 
 
 There was a called session of the Forty-sixth Congress. The Army Bill was 
 
 reported by Mr. Sparks, of Illinois, from the Committee of Appropriations. At. 
 
 the suggestion of Gen. Garfield general debate was closed upon the whole bill, 
 
 except the clause in regard to troops at the polls. It was precisely the same 
 
 clause that was in the Army Bill at the last session of the Forty-fifth Congress. In 
 
 discussing this provision at the called session of the Forty-sixth Congress Gen. 
 
 Garfield said : 
 
 " The question. Mr. Chairman, may be asked, Why make any special resistance to the clanses 
 of legislation in this bill which a good many gentlemen on this side declared at the last session 
 they cared but little about, and regarded as of very little practical importance, because for years 
 there had been no actual use for any part of these laws, and they had no expectation there would 
 be any ? It may be asked, Why make any controversy on either side ? So far as we are con- 
 cerned. Mr. Chairman, I desire to say ihiti: We recognize the other side as accomplished parlia- 
 mentarians and strategists, who have adopted with skill and adroitness their plan of assault. You. 
 
THREE MONSTROUS GRIEVANCES. 209 
 
 have placed in the front, one of the least objectionable of your measures* but your whole pro 
 gramme has been announced, and we reply to your whole order of battle. The logic of your po" 
 sition compels us to meet you as promptly on the skirmish line as afterward when our intrench- 
 ments are assailed; and, therefore, at the outset, we plant our case upon the general ground upon 
 which we have chosen to defend it. 
 
 " Ge)itlemen : We have calmly surveyed this new field of conflict; we have tried to count the 
 cost of the struggle, as we did that of 1861, before we took up your gage of battle. 
 Though no human foresight could forecast the awful loss of blood and treasure, yet, in 
 the name of liberty and union, we accepted the issue and fought it out to the end. We 
 made the appeal to our august sovereign, to the omnipotent public opinion of America, 
 to determine whether the Union should perish at your hands. You know the result. And now 
 lawfully, in the exercise of our right as representatives, we take up the gage you have this day 
 thrown down and appeal again to our common sovereign to determine whether you shall be per- 
 mitted to destroy the principle of free consent in legislation under the threat of starving the 
 government to death. 
 
 We are ready to pass these bills for the support of the government at any hour when you will 
 offer them in the ordinary way, by the methods prescribed by the constitution. If you offer those 
 other propositions of legislation as separate measures, we Mill meet you in the fraternal spirit of 
 fair debate and will discuss their merits. Some of your measures many of us will vote for in 
 separate bills. But you shall not coerce any independent branch of this government, even by the 
 threat of starvation, to consent to surrender its voluntary powers until the question has been 
 appealed to the sovereign and decided in your favor. On this ground we plant ourselves, and 
 here we will stand to the end. 
 
 Let it be remembered that the avowed object of this new revolution is to destroy all the defenses 
 which the nation has placed around its ballot-box to guard the fountain of its own life. You say 
 that the United States shall not employ even its civil power to keep peace at the polls. You say 
 that the marshals shall have no power either to arrest rioters or criminals, who seek to destroy the 
 freedom and purity of the ballot-box {Cong. Record, vol. 9, part 1, 1st Sess. 4!dth Cong., pp. 
 217 and 218). 
 
 THE MISERABLE PRETEXT. 
 
 In concluding his speech in reply to General Garfield, Mr. McMahon said: 
 
 The pretext that it is necessary to have troops at the polls to preserve the peace, and that super- 
 visors and deputy marshals are necessary to preserve the purity of elections, is only a bold pretense 
 not believed by those who urge it. The great mass of the American people require constant 
 urging to bring them to the polls. We often spend months in an active canvass to convince them 
 of the duty of attending elections. If the people find troops stationed there under the command 
 of the President of the opposite party— often, as we know, one of the most active though quiet 
 workers for the success of the party— they will become indifferent or timorous, and relinquish 
 their right. If the naturalized citizen knows that he is to be subjected to the danger of arrest by 
 persons in authority, purposely appointed by leaders or the opposite party to diminish the number 
 of .votes against it, he will remain at home rather than take the risk of the trouble or inconve- 
 nience to which he may be put. The result will finally be that the adherents of the party in power 
 will be the only ones to approach the polls, and power once gained will be thus perpetuated forever. 
 
 Against any authorized interference between the voter and the ballot-box, we have raised our 
 protest. The citizen should be as free as air. The penalties against illegal voting are ample. The 
 state laws to preserve the peace are ample. Riots will occur, and illegal voting will take place. 
 Punish the guilty; but let the ballot-box be free, and put no obstacle in the way of the honest 
 voter . 
 
 Because these are fundamental propositions, and concern the very existence of the government, 
 we are making the contest that is now before us. We appeal to the people, and by their judgment 
 are willing to abide {Ibid., p. 123). 
 
 THE REVOLUTION GARFIELD DREADS. 
 
 In the course of the same debate Mr. Muldrow said : 
 
 The distinguished gentleman from Ohio (Mr. Garfield) recognized the importance of, and 
 makes no argument against, the impolicy of the proposed legislation, but confines himself to 
 holding up the specter of revolution. How can it be called revolution for the legislature of this 
 country to insist upon the repeal of obnoxious laws before furnishinsr the means to execute them, 
 is past my comprehension. I do not see how it can be called revolution for the lower house of 
 Congress and the Senate to pass a bill repealing certain objectionable features of certain laws now 
 upon the statute books. They have abundant precedents for doing it in the manner in which they 
 now propose. They have the example of former Congresses, and especially former Republican 
 Congresses. 
 
 * * ** * * * * * * * 
 
 The revolution they expect is one of converting tyranny into freedom, of having it understood 
 that the military arm of the government shall be held in subordination to that of the civil arm; 
 that we shall return to that condition of things which recognizes the fact that all republican gov- 
 ernments must re-t upon the consent of the governed, and this is the revolution to which the 
 Democracy of this country is pledged, and this is the revolution that the people of this country 
 will uphold. 
 
 The gentleman from Ohio himself voted against this bill when it originally passed, as he stated 
 himself on the floor of the House on Saturday. I presume, then, that he has no objection, per se, 
 to the repeal of tha bill. 
 
 Mr. Garfield: If the gentleman will allow me, I will say that I will vote with pleasure for the 
 repeal of the bill, and in doing so I will act consistently with my former course. 
 
 Mr. Muldrow: If the gentleman objects to the method only, he should not complain of that, for 
 he sanctioned it himself in 1872 {Ibid., page 146). 
 
 GARFIELD AGAIN HELD UP. 
 
 In the course of this same debate, Mr. Townshend, of Illinois, said: 
 
210 THREE MONSTROUS GRIEVANCES. 
 
 It is asserted by the gentleman from Ohio that the method by which we are seeking to repeal 
 these laws is "revolutionary." If this method be revolutionary, I want to know the fact; and I 
 wish, further, to look beyond the present, and ascertain who are the authors of this "revolution- 
 ary " method. I have before me records showing that this is no new invention, originating with 
 the Democratic party of the Forty-fifth or Forty-sixth Congress. I have before me records showing 
 that this method of legislation has been practiced in the past; and I say now, in passing, that if 
 the President vetoes these two bills because of the provisions we propose to tack on to them, it 
 cannot be for the reason that he regards the method by which we endeavor to effect this object as 
 "revolutionary." He will not veto them for any such reason if he is guided by his own action in 
 the past, and by the precedents and practices of the Republican party itself in Congress. 
 
 The gentleman from Ohio had an opportunity, on the 4th day of March last, to pass his opinion 
 npon them. And what was the position taken by him then? It is the same provision, except 
 simply this modification with regard to the appointment of the two supervisors which are retained 
 in this bill, but whose offices were abolished by the bill then under consideration. What was the 
 language of the gentleman from Ohio on the 4th day of March last, when the bill was more objec- 
 tionable from his standpoint than it is now? I read it from the Record: 
 
 "I am free to admit, for one, that these enactments were passed at a period so different from the 
 present that probably we can, without serious harm in any direction, muster them out, as we mns- 
 tered out of service the victorious armies when the war was done. For myself, I see no serious 
 practical objection to letting these sections go,'" etc. 
 
 On the 4th of March last, the gentleman from Ohio thought these amendments were harmless 
 and might well be "mustered out," but on last Saturday he pictured in frightful colors the dark 
 and damning treason that was nursed in our effort here to place a clause repealing them in this 
 appropriation bill. (Ibid, pp. 169-70.) 
 
 A TEMPEST IN A TEAPOT. 
 
 Mr. Buckner also alluded to Mr. Garfield's change of front, and said: 
 In the face of the fact that the gentleman from Ohio (Mr. Garfield) not a month since would 
 have consented to this amendment as to the use of the miliiary at the polls, and would also have 
 been willing to give his sanction to this assumed " coercion " of the Executive, how does it happen 
 that this able leader of the minority then and now can justify himself for his extraordinary speech 
 of last week? 
 
 How can he who, as Chairman of the Appropriations Committee for years, adopted time and again 
 this mode of legislation, and who but yesterday was ready to consent to the passage of the identical 
 bill now before this committee, denounce the action of the majority as " revolutionary? " With 
 what grace can he charge that we are attempting to repeat the history of 1861 by " starving" the 
 Union to death, instead of " shooting" it to death? Never before, Mr. Chairman, has this House 
 witnessed such a tempest in a teapot. Never before has the country seen such an exhibition of 
 extreme partisanship and electioneering clap-trap at the expense of consistency and common 
 fairness, and I venture to say it will never again witness an attempt to engage in such a gigantic 
 speculation with so small a capital, or to deduce such unjust conclusions from such false and 
 
 groundless assumptions. The distinguished gentleman from Ohio will pardon me for reminding 
 im that he has commenced the presidential campaign a year too soon, and that he ought not to 
 attempt the impossible feat of jumping over the stile before he gets to it. {Ibid, p. 177.) 
 
 The vote was taken on the bill, and General Garfield voted, no ! It passed the 
 Senate with the House amendment, went to the de facto President, who vetoed 
 it. The repealing act, was then passed as an independent measure, and was again 
 vetoed. 
 
 SENATOR THURMAN ON HAYES's VETOES. 
 
 Senator Thurman, that able constitutional lawyer and eminent jurist, in speak- 
 ing of these veto messages of Mr. Hayes, says : 
 
 There are some other things about these messages which are very peculiar. I think everybody 
 that read the first message understood the President as saying that under existing law, troops could 
 not be used at elections, i)ut now, in the second message, he tells us in effect that the Constitution 
 will be overthrown, for the post-office in Fremout, Ohio, and the po?>t-offices in all the other cross- 
 roads villages may be taken by a mob if he is not allowed to employ the military there on election 
 days. It is necessary that the power to use the military at elections ehall be preserved in order 
 that he may defend the public property. Sir, was there ever so transparent a sham— I will not say 
 contemptible. I want to speak respectfully of the Executive ; but \va^ there ever such transparent 
 sophistry, if it can be dignified with that name, a?* this pretense that it is necessary there shall be 
 in the statute book a power to use the troops to preserve the peace at elections, for that is the point, 
 and that you shall not abolish that power for fear the President cannot defend the post-offices and 
 custom houses with the troops if a mob should assail them ? So help me Heaven, I cannot get 
 down quite to the level of that argument. 
 
 A RIDER GARFIELD VOTED FOR. 
 
 On June 6, 1877, Mr. Clymer reported another army bill from the Committee of 
 
 Appropriations. The following proviso was attached. There was an agreement 
 
 that all discussion of this clause should be reserved till the bill had been completed 
 
 in the Committee of the "Whole. The clause was as follows : 
 
 Sec. 6. That no money appropriated in this act is appropriated, or shall be paid, for the subsist- 
 ence, equipment, transportation or compensation of any portion of the Army of the United States 
 to be used as a police force to keep the peace at the polls at any election held within any state. 
 
THREE MONSTROUS GRIEVANCES. 211 
 
 ADMITS HE IS IN FAVOR OF TROOPS AT THE POLLS. 
 
 In discussing this proviso General Garfield said : 
 
 My first observation is, that this section does not prof esl to repeal, and does not repeal any law 
 of the United States. There is not now, and so far as I know, there never was on oar statute book, 
 a law which authorized the use of the army " as a police force" at the polls, and even if this section 
 were a repealing clause, there is nothing on which it can operate as a repeal. But whatever the 
 section prohibits is in the form of a limitation for the coming year on the objects to which the 
 appropriations here made are to be applied. It is declared that this money is not '• appropriated for 
 the subsistence, etc., of any portion of the army to be used as a police force to keep the peace at 
 the polls." I affirm without fear of successful contradiction, that this limited and indirect prohi- 
 bition does not apply to any law or to any practice known. 
 
 Mr. Hawley : Not since the Kansas troubles. 
 
 Mr. Garfield : Certainly, not since the Kansas troubles. And furthermore I do not know of a 
 man in this House who is in favor of using the army of the United States as an ordinary police 
 force to run elections. 
 
 * * * * * * 
 
 The proposition to use our army as a police; to send them out and station them one by one at 
 the polls to run the elections as a police, is a fiction so absurd that I trust no man on this side of 
 the House will give the least color to the assumption that he favors it by holding that this sixth 
 «ection repeals, suspends, or modifies any existing statute. 
 
 Mr. Williams, of Wisconsin: Will my distinguished friend allow me to submit to him one 
 question, which he will understand I put in the utmost good faith. 
 
 Mr. Garfield: Certainly. 
 
 M. Williams: It is this: Are you now in favor of using any portion of the army of the tJnited 
 States at any time under any circumstances, in any emergency, to keep peace at the polls? 
 
 Mr. Garfield : Not in the sense of using that army as an ordinary police force. 
 
 Mr. Williams: In any form or manner? 
 
 Mr. Carlisle: This section does not refer to the use of the army as an ordinary police force. 
 
 Mr. Garfield: I will refer, my friend 
 
 Mr. Williams: I do not mean as an ordinary civil police force, but in any form whatever. Is the 
 gentleman in favor of using the army in any form whatever to keep the peace at the polls? 
 
 Mr. Garfield: I am in favor of using the army and the navy, and all the militia of the United 
 States, to enforce the laws of the United States, any one of them and all of them, everywhere, and 
 at all times when the civil force is inadequate, but not until then. 
 
 Mr. Williams: Including the keeping of the peace at the j)olls? 
 
 Mr. Garfield : If there be any law that authorizes the President to use the army as an ordinary 
 police force for that purpose, I am in favor of enforcing it. 
 
 Thus it will be seen that Gen. Garfield, after all his equivocations, all his 
 evasions and protestations to the contrary, was forced to admit that he was in 
 favor of using the troops "to keep the peace at the polls." How the army had 
 been used for that purpose we have already shown. However, he voted as did 
 nearly all the Republicans, for the proviso above quoted — but with the declara- 
 tion that it changed no law and had no legal effect whatever. 
 
 STILL MORE INCONSISTENCIES. 
 
 In the second session of the Forty-sixth Congress the fight was renewed. The 
 Army Bill was reported by Mr. Clymer April 7th, 1880. A suggestion was made 
 as before that the right to discuss the political features of the bill should be re- 
 served. The following colloquy took place between Mr. Garfield and Mr. Sparks: 
 
 Mr. Garfield : Let me suggest to the gentleman, when the political irider. if it is to be offered. 
 Is reached, it can be introduced and printed, and passed over informally until we have gone through 
 with the bill regularly. Then we can take up the proposed amendment and discuss it. 
 
 Mr. Sparks : I presume, Mr. Speaker, the rider the gentleman speaks of is a proposition in 
 regard to which he congratulated himself last session that fewer Republicans voted against it than 
 Democrats. 
 
 Mr. Garfield : I do not, of course, know what the gentleman's rider is. 
 
 Mr. Sparks : I remarked just now that I remember the gentleman from Ohio congratulated him- 
 self and his side of the House that fewer Republicans voted against this rider than Democrats did 
 in the last Congress. 
 
 Mr. Garfield : We will be ready to attend to any question when it arises. 
 
 April 8th the following amendment was offered by Mr. Sparks, the Chairman 
 of the Military Committee : 
 
 Sec. 2. That no money appropriated in this act is appropriated or shall be paid for the subsist- 
 ence, equipment, transportation, or compensation of any portion of the army of the United 
 States to be used as a police force to keep the peace at the polls at anv election held within any 
 state. 
 
 It was the same amendment that was offered in the former session, for which 
 Mr. Garfield voted. A point of order was immediately raised against it. 
 
 Mr. Garfield, who had previously expressed his willingness to have the law re- 
 jpealed, did all he could to have a point of order sustained that the amendment 
 
212 THREE MONSTROUS GRIEVANCES. 
 
 did not come from any standing committee of the House. He tried to make it 
 appear that Mr. Sparks was not authorized to offer the amendment. His oppo- 
 sition was factious and his points technical to the last degree. He consumed 
 hours in discussing them. The point he made was that the new rules which had^ 
 been adopted a few days previous took away tlie jurisdiction of the Military 
 Committee. The chairman, Mr. Carlisle, of Kentucky, one of the ablest parlia- 
 mentarians in the House, as well as one of the best lawyers, ruled that Gen. Gar- 
 field's point of order was not well taken. Although he had voted for the same 
 proviso on the Army Bill at the previous session he did not vote at all this time, 
 but DODGED. The proviso was adopted and is in the bill as it passed the Senate; 
 and was approved by the President. 
 
 THE ODIOUS AND DANGEROUS JURY LAWS. 
 
 Second. We next come to consider Sections 820 and 821 Revised Statutes. It< 
 certainly is not necessary to say anything about the importance of impartial, 
 juries. All English people regard trial by jury as the great bulwark of their 
 liberty. It stands in the grandest of all monuments of English courage and love ' 
 of liberty — Magna Charta — and Sir Edward Coke says that its insertion there was 
 but an aflSrmation of the undoubted and prescriptive right of all Englishmen. It 
 not only stands in Magna Charta but in the Act of Settlement, in our Declaration 
 of Independence and our Constitution, as it stood in the constitution of everyone 
 of the original thirteen states, and as it stands in the constitution of every state 
 of the Union to-day. Why is it that we attach so much importance to the right 
 of a trial by our peers — an impartial, unbiased jury ? Because in all ages of the 
 history of English speaking people that right has been found to be the great 
 shield of protection against oppression by the government. No people who have 
 had and maintained unimpaired that right have ever lost their liberty. Hallam^, 
 the philosophic author of English constitutional history, says : 
 
 THE IMPORTANCE OP IMPARTIAL JURIES. 
 
 Civil liberty in the kingdom has two direct guarantees : the open administration of justice ac- 
 cording to known laws, truly interpreted, and fair construction of evidence ; and the right of 
 parliament, without let or hindrance or interruption, to inquire into and. obtain redress of public 
 grievances. Of these the first is by far the most indespensible ; nor can the subjects of any state 
 be reckoned to enjoy a real freedom where this condition is not found in its judicial institution 
 and in their constant exercise. * * * 
 
 I have found it impossible not to anticipate, in more places than one, some of these glaring 
 transgressions of natural as well as positive law that rendered our courts of justice in cases of 
 treason little better than the caverns of murderers. Whoever was arraigned at the bar was almost 
 certain to meet a virulent prosecutor, a judge hardly distinguishable from the prosecutor except 
 by his ermine, and a passive, pucillanimous jury. * * * There is no room for 
 
 wonder at any verdict that could be returned by ajnry when we consider what means the govern- 
 ment possessed of securing it. The sheriff returned a panel either according to express directions, 
 of which we have proofs, or to what he judged himself of the crown's intention and interest. 
 
 If a verdict had gone against the prosecution in a matter of moment, the jurors must have laid 
 their account with appearing before the star chamber ; lucky if they should escape, on humble re- 
 traction, with sharp words, Instead of enormous fines and indefinite imprisonment. The control 
 of this arbitrary tribunal bound down and rendered impotent all the minor jurisdictions. That 
 primeval institution, those inquests by twelve true men, the unadulterated voice of the people, re- 
 sponsible alone to God and their conscience, which should be heard in the sanctuaries of justice, 
 as fountains springing fresh from the lap of earth, became like waters constrained in their course 
 by art, stagnant and impure. Until this weight that hung on the Constitution should be taken off,, 
 there was literally no prospect of enjoying with security those civil privileges which it held forth. 
 
 SENATOR THURMAN ON THE JURY LAWS. 
 
 Senator Thunnan, speaking of the provisions incorporated in the Legislative, 
 
 Executive and Judicial Appropriation Bill repealing these objectionable election 
 
 laws which so mysteriously crept back into the statute book, said : 
 
 Now, what does the provision in this bill propose ? First, that sections 820 and 821 shall be re- 
 pealed outright. Ought they not to be repealed ? We did repeal section 820, but it passed into the 
 Revised Statutes without a man here knowing that it was brought back into the statute book. It 
 was one of those mysterious transactions that occurred in making up that book, such as the strik- 
 ing out of the word " white " from the naturalization laws after Congress had expressly refused to»' 
 
THEEE MONSTROUS GRIEVANCES. 213 
 
 •«trike it out, like tlie demonetization of silver which Congress had not demonitized. It was one of 
 the marvelous things of that revision of 1874 which I saw lie on that desk tied up as it came from 
 the printing office, and passed by the Senate without the cords that bound the wrapper ever being 
 untied or cut, read by its title alone, because there was no time to read more and because no Senator 
 supposed it was necessary to read more, as it professed to make no change in existing law. And 
 60 this section 820 stole back into the statute law of this laud. 
 
 What is it ? It reads : 
 
 "Section 820. The following shall be causes of disqualification and challenge of grand and petit 
 jurors in the courts of the United States, in addition to the causes existing Toy virtue of section 
 \812, namely : 
 
 " Withont duress or coercion to have taken up arms or to have joined any insurrection or rebellion 
 against the United States ; to have adhered to any insurrection or rebellion, giving it aid and com- 
 fort ; to have given, directly or indirectly, any assistance in money, arms, horses, clothes, or any- 
 thing whatever to or for the use or benefit of any person whom the giver of such assistance knew to 
 iave joined, or to be about to join, any insurrsction or rebellion, or to have resisted, or to be about 
 to resist, with force of arms, the execution of the laws of the United States, or whom he had good 
 ground to believe to have joined, or to be about to join, any insurrection or rebellion, or to have re- 
 sisted, or to be about to resist, with force of arms, the execution of the laws of the United States ; 
 or to have counseled or advised any person to join any insurrection or rebellion, or to resist with, 
 force of arms the laws of the United States." 
 
 Now, sir, mark it. The suit may be between a boy ten years of age and another boy of the same 
 age. both born long after the rebellion ; it may relate to their estate with which the rebellion had 
 nothing to do ; they and their guardians who prosecute or defend for them may be perfectly satis- 
 fied with the jury ; the lawyer on one side may be perfectly satisfied ; but some lawyer on the other 
 side may get up and say to a juror, "You, sir, gave a cup of cold water to a weary confederate sol- 
 dier on a hot summer day, and thus you gave aid to the rebellion, and you cannot sit to try this 
 question as to the property of these boys who were not then born." That is your statute ; and 
 that any man can stand up for one moment at this day, fourteen years after the close of the rebel- 
 lion, to defend such a provision as that makes me wonder at the extent of human audacity. 
 
 HOW THEY MIGHT WORK. 
 
 But what is section 821 ? Section 821 is even worse than 820 in some respects. Section 820 only 
 gives a right to one of the parties to challenge a juror. It makes aiding or comforting the rebellion 
 a principal cause of challenge, and that principal cause of challenge can only be insisted on by one 
 of the parties to the suit \ but section 821 introduces a new figure on the scene. Suppose again 
 these two boys with their guardians trying a suit, the title to a piece of land in the state of Onio, 
 and a jury is called and the boys are satisfied that the jurors are good men and true, and their 
 friends and their lawyers are satii^fied that they are good men and true, and they all, lawyers, friends 
 and parties, want them to try the case, then, just as they are to be sworn, in steps the District At- 
 torney of the United States, or any other person acting on behalf of the United States, and says : 
 " May it please your Honer, there are men on that jury who gave aid and comfort to the rebellion ; 
 they gave a pair of shoes to a poor confederate famishing soldier when his feet were bleeding in the 
 frost and the enow ; they were so vile as to believe that the parable of the Good Samaritan was 
 told for our edification and example, and they assuaged the dying agony of a poor confederate with 
 a cap of cold water ; they are men who aided the rebellion, and I demand that your honor shall di- 
 rect that every man in that jury shall take the iron-clad oath or be compelled to leave the jury- 
 box." And if the judge is a fool or a knave, or if he is under the influence of passion, or prejudice, 
 or fear of consequences, he may make the order and enforce it. Let no man say that this is an im- 
 possible supposition. Such an order has been made and enforced since we assembled in this Cham- 
 ber ; not in Ohio, it is true, but in another state. 
 
 Mr. President, ought that to be the law ? Ought that to be the law in a country that has the 
 least pretense to call itself civilized, I will not say free ? I say it would disgrace the kingdom of 
 Dahomey, much more the United States of America. I do not speak now of whether there was a 
 necessity lor that law at the time it was enacted— although it may well be questioned whether it 
 would not have been far better to have suffered the evils that might result from an occasional case 
 of a rebel sitting on a jury than to set the example of passing such a law— but if it were justifiable 
 then, the moment that peace was restored, the moment that we once more looked upon a united, 
 harmonious, and a fraternal people, that law ought to have been swept from the statute book. It 
 was due to the national character, it was due to justice, it was due to civilization that that law 
 should cease to exist. The only wonder is that it did not cease to exist long ago. We propose now 
 that it shall cease to exist. Pray, is it not time ? Pray, is this demand for an honest, impartial 
 jury ; pray, is this demand that we go back to the old and well-trodden p.tths of justice and legal 
 decision, a matter that should fire the Northern mind and set all the demagogues in the whole laud 
 north of Mason and Dixon's line to declaiming against this side of the Chamber ? 
 
 THE REMEDY. 
 So much for the law as it exists. What is the remedy ? It is not easy to provide a remedy ; but 
 one thing is certain, experience has proved that when you frame a jury system under which there 
 may be many political questions or political trials, or danger of political bias or prejudice, it is es- 
 sential that you shall provide in some way that the juries shall not consist of men of one political 
 party alone. That experience proves. Is there anything strange in our taking no: ice of the exist- 
 ence of political parties ? Why, sir, do we not take notice of it in one way or another, directly or 
 indirectly, in many of the states of the Union, and in the laws of the United States themselves ? 
 Do we not provide, directly or indirectly, in divers states of the United States, that judges of elec- 
 tion shall be of different 'political parties ? Do we not in our own election laws provide that the 
 supervisors of election shall be of oifferent political parlies ? We are, as practical men, compelled 
 to recognize the fact that there are in this country great political partie.«, as there have been in every 
 free country that ever existed. To ignore that is to ignore as plain a fact as t-xMH on the face of 
 the earth, and therefore the proposition in the pendintr bill that the names of the jurors shall be 
 placed in a box by the clerk of the court and by a jury commissioner, to be appointed by the judge, 
 who shall be of the principal political party opposed to that to which the cierk belongs, and that 
 they shall put in names alternately until the proper number is placed in the box, is not obnoxious 
 to criticism because it recognizes the fact of the existence of political parties. 
 
214 THREE MONSTROUS GRIEVANCES. 
 
 It required the struggle of nearly a whole year in Congress to get these reforms 
 ■which Senator Thurman demonstrated to be so necessary in our judiciary. As 
 long as there was a decent pretext for opposing them they were opposed. The 
 legislative bill containing them was vetoed by the de facto President. It was not till 
 the jury bill was enacted as an independent measure that it was approved. Had 
 not the Republicans felt that they had a suflBcient record to defend in upholding 
 the monstrous claim of the right to combat elections with Federal troops, it is 
 doubtful whether these jury reforms would have been secured. 
 
 THE FEDERAL ELECTION LAWS. 
 Third.— The consideration of the Federal Election Laws, sections 2016 to 2028, 
 and 2031 and 5522, Revised Statutes, is our last duty. The claim of constitu- 
 tional authority for these laws is based upon article 2, section 1, clause 2 of the 
 Constitution. It is as follows : 
 
 Each state shall appoint, in snch manner as the legislature thereof may direct, a number of 
 electors, equal to the whole number of Senators and Representatives to which the state may be 
 entitled in the Congress. 
 
 The word "manner" in this clause of the Constitution is the foundation upon 
 which the Republican leaders base the entire superstructure of Federal Election 
 Laws. These laws, be it remembered, not only give the federal officials appointed 
 under them — the chief supervisors of elections, the supervisors of elections and the 
 deputy marshals— the power not only to control elections for representatives, but 
 for presidential electors, and executive officers of the states and members of the 
 state legislatures. The elections for these state officials are in almost every 
 state held at the same time and place as the elections for members of Congress. 
 These federal officers supervising, regulating and controlling, not only the elec- 
 tion officers of the state, but the registration of voters which precedes the elec- 
 tion as well, therefore exercise an unwarranted power, even admitting their 
 constitutional right to interfere at federal elections, in deciding state elections. 
 
 SENATOR THURMAN 'S UNANSWERABLE ARGUMENT. 
 
 It was upon this ground that Senator Thurman based his unanswerable argu- 
 ment against the Federal Election Laws. He said : 
 
 I go to another proposition which T hold is capable of demonstration, and that is, that whether 
 the right of Congress to regulate the manner of congressional elections when there is no default on 
 the part of the state exists or does not exist, the law which this bill proposes to repeal is not con- 
 stitutional exercise of the power, for it ift fundamental that Congress cannot under article 1, sec- 
 tion 4, interfere in any manner with the election of state officers. It can no more do it, under pre- 
 tense of regulating congressional elections, than it can when no Congressmen are to be elected. It. 
 follows that any regulation of congressional elections enacted by Congress must be so framed as 
 not to interfere with the election of state officers. If it do so interfere, it is unconstitutional. 
 Upon that I stand with a cbnscionsness of being in the right that I hope is not presumptuous, To 
 me no legal proposition ever appeared clearer. There are two classes of elections in this country. 
 There is an election for federal officers. Representatives and Senators in the Congress, and electors 
 of President and Vice-President ; if the latter can properly be called Federal officers. There is 
 another class of elections for the officers of a state and her sub-divisions. With the elections of 
 this latter class. Congress under this clause of the Constitution has no more right to interfere than 
 it has to interfere with the elections in France. So far as it can interfere at all, it is under the Fif- 
 teenth Amendment, and that is simply to guarantee the right of men otherwise qualified against a. 
 discrimination on account of race, color, or previous condition of servitude. But that guarantee, I 
 have shown, has nothing to do here. Here the question is not about objections of race, color, or 
 previous condition of servitude, but it is whether Congress under the pretense of regulating con- 
 gressional elections can in effect regulate the elections of state officers too, and that in direct viola- 
 tion of the laws and the rights of the states. 
 
 Sir, did our farthers ever think for a moment when they were placing that provision in the Con- 
 stitution authorizing Congress to make regulations in respect of the times, places, and manner of 
 electing members of the House of Representatives or Senators in Congress that they were giving: 
 Congress plenary power over the election of state officers ? 
 
 WAS THAT THEIR OPINION ? ' 
 
 That it was not their opinion we may easily see by the forcible language in this same flfty-eighth 
 number of the Federalist. 
 
 Suppose an article had been introduced into the Constitution empowering the United States to 
 regulate the elections for the p^ticular states, would any man have hesitated to condemn it both a& 
 
THREE MONSTROUS GRIEVANCES. 215 
 
 an unwarantable transposition of power and as a premeditated engine for the destruction of the 
 state government ? The violation of principle in this case would have required no comment, and 
 to an unbiased observer it will not be less apparent in the project of subjecting the existence of 
 the national government in a similar respect to the pleasure of the state governments. An impar- 
 tial view of tne matter cannot fail to result in a conviction that each, as far as possible, ought to 
 depend on itself for its own preservation. 
 
 If our forefathers in the convention should have put a clause in the Constitution that would 
 warrant what these laws attempt, they knejv that the whole instrument would be rejected, and 
 rejected with scorn and indignation. Sir, I ask what do these laws effect ? Do they not interfere 
 with the election of state officers ? How is it that when thousands, I believe I am not going too 
 far in saying thousands, of men who claimed the right to vote, and who so far as we know had the 
 right to vote, at the last election in the city of New York, were arrested by Federal officers, dragged 
 from the polls before Mr. Commissioner Davenport, put in a cage, as many as the cage would hold, 
 kept there until the election was over, and others only admitted to bail on the condition that they 
 would promise not to vote, others again only on condition that they would surrender their naturaliz- 
 ation papers— papers that he had no more right to take from them than he had to take their goods 
 and chattels— when that was done, was that not interference with the election of the officers of the 
 state ? Was that simply a regulation of the matter of electing members of Congi'ess ? Was that 
 not an interference with the election of the members of the legislature of the state who were to be 
 chosen at that election ? Was it not an interference with the election of one of the judges of the 
 highest judicial tribunal of that state then to be chosen ? Was it not an interference with the elec- 
 tion of every state officer who was voted for at that election ? Who can deny it ? Nobody can. 
 And, sir, will you tell me that Congress, under the power to regulate the manner of elections in the 
 choice of members of Congress, can frame a law in such wise as really to authorize a deputy mar- 
 shal of the United States to tear the state judges of election from their seats and confine them in 
 prison and stop the election, and that all that is not interfering with the rights of the states to hold 
 their election for state officers according to their own laws ? Will you tell me that that is the exer- 
 cise of the power to regulate the manner of electing members of Congress ? No, sir, it will not 
 stand one moment's examination. There are some things so clear that argument upon them is 
 useless. 
 
 ANOTHER POINT WAS MADE CLEAR 
 
 by Senator Wallace. The undue authority exercised by these Federal ofBcers, 
 
 acting under the Federal Election laws, would enable them to nullify the laws 
 
 of the states in regard to the qualifications of voters. Congress has no such 
 
 power. Article 1, section 3, of the Constitution says the qualifications of 
 
 electors for members of Congress shall be the same as the qualifications requisite 
 
 for electors of the most numerous branch of the state legislature. Remarking 
 
 on this, Senator Wallace said : 
 
 The electors for the House of Representatives of the United States are those who are qualified 
 electors for the legislatures of the states. Qualified how ? Qualified by whom ? Qualified by the 
 Federal government ? A qualification created in an act of Congress enforced by the marshals at 
 the point of the bayonet ? No, sir ; but qualified by the states. The electors for the members of 
 the legislatures of the states are the electors for members of the House of Representatives and 
 they are to be qualified by and under the constitutions of the states. If you have no qualifications 
 of electors for the members of the legislatures of the states, you have under the Constitution no 
 criterion to determine who are to be electors for members of Congress. Where are your qualified 
 electors then y They have vanished and gone. There can be no electors for members of the lower 
 House if there be no electors for the state legislatures. There is no measure or criterion of quali- 
 fication except as it IS found in the clause quoted, which provides that the electors for members of 
 the United States House of Representatives are the electors of the state who are qualified by state 
 constitutions and state laws to vote for members of the legislature. If there be none of these, 
 there can be none for members of the Federal house, and it logically follows, that the existence of 
 the state legislatures is vital to the existence of that branch of the Federal government, for in 
 their absence you have no criterion, no qualification under the Constitution itself. Do we presume 
 to exercise that power here ? Do we assert that we can grasp that power and regulate by a Federal 
 statute the qualifications of voters ? If we do, we make a consolidate^ government out of a 
 Democratic republic. 
 
 OLD FEDERAL THEORIES IN NEW FORMS. 
 
 National power over the voter as such, or national elections as such, are neW forms of old federal 
 theories. In the laws we propose to repeal, and in kindred enactments in 1870 and 1871, the 
 revamped doctrines of the federalism of 1798 first finds statutory existence. The universal practice 
 of the government since 1801 has been against any such theory as is found in these statutes. 
 National electors would require national citizenship for qualification. How absurd a theory, that 
 a man may be a citizen of the state and not of the tfnited States and still be a national voter. Yet 
 I propose to show that such would be the legitimate result of this teaching as to national elections. 
 This subject is rightly and absolutely controlled by state law and state constitutions in almost 
 every state. There are no national voters. Voters who vote for national Repres^entatives are 
 qualified by state constitutions and state laws, and national citizenship is not required of a voter 
 of the state by any provision of the Federal Constitution nor in practice. Under the constitutions 
 of Kansas, Nebraska, and Colorado an unnaturalized foreigner who has declared his intention to 
 become a citizen may vote for members of Congress and state officers if he has resided six months 
 in the state, and in Indiana, Minnesota, Oregon, and Wisconsin after a residence of twelve months, 
 while in Massachusetts he must reside in the e(ate two years after he has been naturalized. Does 
 the new gospel as to control of elections by ?ia<iona^ authority co)itemplate making the rule of seven 
 years' residence, required by Massachusetts, or that of six months, required by Kansas, the test of 
 qualification as a "national" voter for a foraigU'boru citi/,ea ? Which is the doctrine ? Is it that 
 
216 THREE MO>'^STKOUS GKIEVAXCES. 
 
 of Maspachnsetts or that of Kansas ? The foreign-horn citizen declaring his intention, after six 
 months' residence in Kansas, is a voter, and may vote lor a member of Congress and governor of 
 the state, while in Massachusetts he must carry a parchment certifying that he is a citizen of the 
 United Stares and must have resided two years in Massachusetts. The whole difference is the 
 difference between seven years in one state and six months in another as applied to foreigu-boru 
 citizens. 
 
 HOW THE LAWS MIGHT BE USED. 
 
 National elections, naturally, necesssarily, include national voters, and the plain purpose indi- 
 cated by this action of the Executive is to make the states conform to the Federal authority as to 
 the rule of suffrage. I ask Senators who now have in their states masses of unnaturalized citizens 
 who are voting for members of Confrres^s, whether they seek to disfranchize these voters or whether 
 it is reasonable to hold that the Federal government can by its laws change the qualifications cre- 
 ated and fixed by state constitutions ? If Davenport could reject five thousand citizens in New York 
 because of his allegation of non-naturalization, why shall the tn^enty-ftve thousand in the Western 
 states who vote without naturalization be permitted to do so ? Only because the whole subject is 
 under state control. It is not hard to understand the meaning of the declaration of the Senator 
 from Vermont for "the universality of equal suffrage," if it be read in the light of 1799 and the 
 tenet of federalism. It means a universal rule of citizenship for suffrage everywhere. The states 
 are lo be made to bend their will to the control of universal equal suffrage by the Federal govern- 
 vemment, and the control claimed by Kansas, Colorado, and Nebraska over the right to prescribe 
 the qualifications of voters is to give place to a statute enacted by the Federal government, pre- 
 scribing a rule like that of Massachusetts. What more potent argument as to the fallacy of the 
 existence of national elections can there be than the fact that qualifications for voters differ in 
 every state, and that by universal rule the states have absolute control of the subject ? 
 
 A FOREIGNER MAY VOTE IN CERTAIN STATES BEFORE HE IS A CITIZEN OP THE 
 
 UNITED STATES. 
 
 The laws of the United States require a residence of five years within the country before a 
 foreigner can be naturalized. This makes him a citizen of the United States, but he may be a 
 voter for members of Congress, or for electors for President, or for the members of a state legis- 
 lature who elect a United States Senator, after he has resided six months in the country if he lives 
 in Kansas, Nebraska, Colorado or Georgia; or within twelve months residence in Alabama, Arkan- 
 sas, Florida, Indiana, Minnesota, Missouri, Oregon, Texas, and Wisconsin. 
 
 A naturalized foreigner can vote in California after a residence of six months: Connecticut, 
 after a residence of one year if he be able to read any article of the constitution or any section of 
 the statutes of the state; Delaware, after one year's residence if he has paid taxes; Illinois, after 
 one year's residence; Iowa, six months' residence; Kentucky, two years' residence; Louisiana, 
 one year's residence; Maine, three months; Maryland, one year; Michigan, three months; Missis- 
 sippi, six months' residence; Nevada, six months; New Hampshire and New Jersey, one year; 
 North Carolina, one year; Ohio, one year; South Carolina, one year; Tennessee, one year; Ver- 
 mont and Virginia, one year; and West Virginia one year in the state. The same residence is 
 required in these twenty-one states of the native-born citizens. 
 
 In these states residence is superadded by state authority as a qualification to voting for all 
 officers, state as well as Federal. In Massachusetts two years, in Pennsylvania thirty days, and in 
 New York ten days are added by State authority to the qualification of five years; and in Rhode 
 Island ownership of real estate must be in the naturalized foreigner before he is a voter. 
 
 Are all these distinctions, are all the restrictions imposed by state authority and state consti- 
 tution as to residence, naturalization, qualification, registration, age, tax, and property, to be 
 obliterated in this effort for th^ " universality of the security of equal suffrage" in this renewed 
 and studied effort for a consolidated government ? 
 
 In the 51st number of the Federalist we find the question of suffrage discussed 
 
 as follows : 
 
 The definition of the right of suffrage is very justly regarded as a fundamental article of repub- 
 lican government. It was incumbent on the convention, therefore, to define and establish this 
 right in the Constitution. To have left it open for the occasional regulation of the Congress would 
 have been improper for the reason just mentioned. To have submitted it to the legislative discre- 
 tion of the states would have been improper for the same reason, and for the additional reason that 
 it would have rendered too dependent on the state governments that branch of the Federal govern- 
 ment which ought to be dependent on the people alone. To have reduced the different qualifica- 
 tions in the different states to one uniform rule would probably have been as dissatisfactory to 
 some of the states as it would have been diflUcult to the convention. The provision made by the 
 convention appears, therefore, to be the best that lay within their option. It must be satisfactory 
 to every state, because it ia conformable to the standard already established, or which may be 
 established by the state itself. It will be safe to the United States, because, being fixed by the 
 state constitutions, it is not alterable by the state governments, and it cannot be feared that the 
 people of the states will alter this part of their constitutions in such a manner as to abridge ths 
 rights secured to them by the Federal constitution. 
 
 WHAT THE DEMOCRATS PROPOSED TO DO. 
 
 The Democratic majority in Congress, in attempting to repeal certain pro- 
 visions of these Federal election laws, were accused, first, of attempting a 
 "revolution" — of a purpose to starve the government to death unless they were 
 allowed to accomplish their second purpose, which it was alleged was to remove 
 all restraints, overturn all safeguards which had been placed about the polls to 
 prevent fraud. .^ 
 
THREE MONSTROUS GRIEVANCES. 217 
 
 It was asserted that they were in favor of every sort and description of frauds 
 :at elections. A more senseless and wicked falsehood was never uttered. This 
 /Cry of "revolution" has been the sole stock in trade of the fraudulent administra- 
 tion and the Republican minority in Congress since the great fraud of 1876 was 
 consummated. When the Democratic majority in the House of Representatives 
 proposed to inquire into the monstrous crimes by which that wicked nullification 
 of the will of the people was accomplished, the Republican minority at once set 
 up the howl of " revolution. " It fell flat when the Democrats, having probed 
 to the bottom the frauds of 1876-1877 and demonstrated as clear as the un- 
 -clouded sky at noonday, that Rutherford B. Hayes had no shadow of title to 
 occupy the White House, save the partisan decision — eight to seven — of an uncon- 
 stitutional commission, voted that they would establish no new and possibly 
 dangerous precedent by initiating legal proceedings to unseat him. Again when 
 the cry was shouted at the last session of the Forty-fifth Congress that the Demo- 
 crats meant to starve the government to death unless the Executive would con- 
 sent to be coerced into approving their enactments, and was renewed and con- 
 tinued in the Forty-sixth Congress, it another time proved hrutem fiilmen, when 
 the Democratic majority, having exhausted every legal remedy to secure the 
 redress of substantial grievances, voted the money necessary to carry on the 
 machinery of government. 
 
 What the Democrats proposed to do, and all they proposed to do, was to amend 
 XhQ Federal election laws so they would cease to be non-partisan ; so they would 
 cease to be unnecessarily oppressive and arbitrary ; so they would no longer be 
 capable, in the hands of unscrupulous and designing men of intimidating legal 
 but timid electors ; so they would not permit the control of state elections for 
 state officers ; so they would not legalize an unnecessary and illegal squandering 
 of the people's money. This, and this only, was their purpose. It was charged, 
 and the charge is iterated and reiterated that they proposed and attempted to 
 ^ipe out the Federal election laws. It was and is a base calumny. They pro. 
 posed to amend fifteen sections of these laws, which number nearly one hundred 
 sections. From many of these fifteen sections they proposed only to strike a few 
 lines and from others only a word or a few words. We have printed these sec- 
 tions which it was proposed to amend in full, with the lines and words to be 
 stricken out in italics. 
 
 THE BASE USE TO WHICH THEY ARE PUT. 
 
 We have shown how these laws originated, and how they were made to serve 
 the pecuniary purposes of their author. We will now show how they were made 
 to serve the basest partisan purposes. They have been employed in two ways. 
 First, as a means of corrupting electors. This was easy. There are always a 
 low class of electors in every great city whose votes can be purchased. The 
 «,ppointment of these men as deputy marshals was a legalized way of buying their 
 votes and making the government furnish the money. 
 
 One Congressional district in the city of St. Louis was carried by the repub- 
 licans in 1876 in this way. There were one thousand and twenty-eight deputy 
 marshals appointed in that city for no other purpose than to secure their votes 
 for and their assistance in the election of the three republican candidates in the 
 three Congressional districts of St. Louis. There was $20,000 of the people's 
 money spent as campaign money in that contest, though ostensibly for enforcing 
 the election laws. D. W. D. Barnard, an old friend of General Grant and a 
 IS^ational Bank Examiner, testified in the contested election case of Frost vs. 
 
218 THREE MONSTROUS GRIEVANCES. 
 
 Metcalf that he controlled the appointment of these deputy marshals and that he 
 used his power simply and only for partisan purposes. 
 
 He was asked: " Was there any more necessity for the appointment of marshals 
 for that election than for any previous election ?" He answered, " Oh, well, you 
 gentlemen know very well that in a political struggle for party ascendancy it is 
 necessary for the co-ordinate branches of the government to be in accord : and 
 there was an effort on the part, so I interpreted it, of the party which I acted with 
 to gain control of the House of Representatives." 
 
 Thomas Berrell, J. F. Ryan, K W. Devoy, Michael Carroll, Matthew Horan 
 and Michael Welsh testified that they were appointed deputy marshals on the 
 condition that they would vote for the Republican candidate, and others were 
 appointed on a like distinct pledge. Carroll testified that the man who 
 appointed him said, " I don't care a damn what you are ; I want you to do one 
 thing and I will get you a commission — vote for Metcalf." Thomas McNamara 
 testified that he was appointed a deputy marshal eight days before the election 
 and instructed " to move around the ward and do all he could to help Metcalf." 
 These marshals were in companies and under captains. Michael Welsh testified 
 that his company was instructed on ejection day "to arrest all the Democrats they 
 could, bring them in and keep them from voting— damn them." 
 
 Second, The Federal Elect ions Laws have not only been perverted to enable 
 the money of the United States to be used for corrupting electors, but the chief 
 supervisors by appointing men from the lowest and most vicious classes deputy 
 marshals, not only secured their votes, but employed them to terrrorize and intim- 
 idate legal voters. Here is a list of the characters appointed deputy marshals in 
 New York city. 
 
 NEW YORK'S SCUM AS DEPUTY MARSHALS. 
 
 J. F. Baderhop, appointed by this estimable Judge Woodruff, at the instance of some of my 
 frienda, " bucket-men " in New York, some of those " shoulder-hitters" and " rat-pit heroes." 
 
 Theodore, alias Mike Anthony, alias Snuffy, of 24 Cherry street, a laborer, thirty-five years of 
 age, married, and cannot read or write. Anthony was arrested by detective James Finn, of the 
 fourth precinct, on July 24, 1870, for larceny from the person, and was held in $2,000 bail for 
 trial by Justice Hogan. He was indicted by the grand jury on the charge on the 23d of August 
 last. 
 
 Joseph Frazier, of 279 Water street, is a thief and confederate of thieves. 
 
 James Miller is the keeper of a den of prostitution in the basement of 339 Water street. 
 
 James Tinnigan keeps a similar den in the basement of 337 Water street. 
 
 James Sullivan, alias Slocum, keeps a house of prostitution at 330 Water street, which is a resort 
 for desperate thieves. 
 
 Frank Winkle ki^eps a house of prostitution ata37i Water street. 
 
 John, alifis "Buckey " McCabe, supervisor of the Eighth District, Fifteenth Ward. He is now 
 under indictment for shooting a man with intent to kill. This precious " supervisor" was first 
 known to the police for his dexterity in robbing emigrants. His picture is in the " rogues' gallery " 
 at police headquarters in this city, No. 225. rfle was known as Pat Madden, alias " Old Sow," alias 
 Honsey Nicholas, alias Dennis licCabe. His real name is Andrew Andrews. 
 
 Joseph Hurtnett, supervisor Eighteenth Ward. Arrested June 3, 1869, as accessory to the mur- 
 der of Richard Gerdes, a grocer, corner of First avenue and Twenty-fourth street. 
 
 Henry Rail, supervisor Eighth Ward. One of the principals in the Chatham street saloon mur- 
 r; went off West to escape punishment, and has only been back a few weeks. 
 James Moran, supervisor Third District, Eighth Ward. Arrested on Sunday last for felonious 
 
 assault. 
 
 William (alias Pomp) Hartman (colored), marshal Twenty-second Ward. Arrested a few days 
 since for vagrancy. 
 
 Theodore Allen, marshal Eighth Ward. Now in prison for perjury and keeps a house, the resort 
 of panel thieves and pickpockets, on Mercer street. 
 
 Richard O'Connor, supervisor Seventh District, First Ward; has been for years receiver of smug- 
 gled cigars from Havana steamers. 
 
 L. H. CargUl, supervisor Ninth District, Ninth Ward; tried in United States Court for robbing 
 the mails. 
 
 John Van Bnren, supervisor Twelfth District, Eighth Ward; was at one time in sheriff's ofl5ce 
 and discharged for carrying a load of seized goods from the establishment of Richard Walters in 
 East Broadway. 
 
 Mart Allen, marshal Eighth Ward; served a term of five years in the Connecticut State prison; 
 sentenced to Sing Sing for five years by Judge Bedford. 
 
 John McChesney, supervisor Fourth District, Ninth Ward; associated with thieves; bears a bad 
 character generally. 
 
 William Cassidy, supervisor Twefth District, Ninth Ward; is street bummer, without any visible 
 means of support. 
 
THREE MONSTROUS GRIEVANCES. 21^ 
 
 Thomas Mclntyre, marshal Eighth Ward; has been frequently arrested for beating his aged 
 mother; sent several times to Blackwell's Island. 
 
 Timothy Lynch, marshal Sixth District, First "Ward ; a Washington market lounger. 
 
 Peter Mose, marshal Sixth Ward ; habitual drunkard. 
 
 John Connor, supervisor First District, First Ward ; keeps a disorderly gin-mill, resort of lowes 
 
 Francis Jordan, supervisor Sixth District, First Ward ; lives in New Jersey ; was turned out of 
 thepost-office by Postmaster Jones for bad conduct. 
 
 Bernard Dugan, supervisor Eighth District, First Ward ; habitual drunkard. His wife left him on 
 account of his drunkenness, and procured a divorce on that ground. 
 
 John Tobin, supervisor Ninth District, First Ward ; arrested about six months ago for grand 
 larceny. 
 
 Patrick Mnrphy, supervisor Fourth District, Sixth Ward ; two years ago distributed fraudulent 
 naturalization papers, and would furnish them to anybody that would promise to vote for Grant. 
 
 Edward Sievin, Jr., supervisor Second District, Fourth Ward ; has an indictment now pending 
 against him in court of general sessions for cutting a boy named Kilkenny. 
 
 Michael Foley, supervisor Fourth District, Fourth Ward ; well known repeater, voting for any 
 body that will pay. 
 
 James F. Day, supervisor Seventh District, Fourth Ward ; shot at a man in fight between the 
 Walsh association and a gan» from Water street. 
 
 John Conners, alias "Jockey," supervisor Third District, Fourth Ward ; a well-known desperate 
 character. 
 
 Michael Costello, marshal Sixth Ward ; bounty -jumper during the war. 
 
 Harry Rice, supervisor Thirteenth District, Sixth Ward ; was connected with the Chatham street 
 concert saloon murder and fled to Nebraska to escape punishment. 
 
 Thomas Lane, supervisor Seventeenth District, Sixth Ward ; formerly keeper of a notorious den 
 at Five Points, headquarters of thieves and robbers. 
 
 John Lane, supervisor Twenty-second District, same Ward ; was indicted for receiving stolen 
 goods. Has served a term in Sing Sing. 
 
 Edward Foley, supervisor Sixth District, Ninth Ward ; arrested lastiyear for stealing a watch. 
 
 Humphrey Ayers, supervisor Eighteenth District, Ninth Ward ; arrested six years ago for robbing 
 the United States mail. 
 
 John Dowling, supervisor Nineteenth District, Ninth Ward ; arrested August 20th, 1869, for till- 
 
 James Fitzsimmons, supervisor Twentieth District, Ninth Ward ; arrested August 1st, 1868, for 
 robbery. 
 
 John Martin, supervisor Fifth District, Twelfth Ward ; arrested a few years ago under an indict- 
 ment for arson. 
 
 Samuel Rich, supervisor Fourth District, Thirteenth Ward ; served a term of two years at Sing 
 Sing for felonious assault. 
 
 John alias "Buckey" McCabe, supervisor Eighth District, Fifteenth Ward ; charged with shoot- 
 ing a man with intent to kill about a year ago. 
 
 William P. Burke, supervisor Twentieth District, Eighth Ward ; served his term in the State 
 prison of Massachusetts for burglary ; also two years in the New York State prison. 
 
 James McCabe, supervisor Fourth District, Eighth Ward ; now confined in the Tombs under in- 
 dictment for highway-robbery. 
 
 William Irving, supervisor Fourteenth District, Eighth Ward ; has served a term in Sing Sing 
 prison for burglary committed in the Eighth ward, and has never been pardoned. 
 
 Patrick Henry Kilv, alias Fred. Williams, supervisor Twenty-second District, Eighth Ward ; 
 keeper of a house of ill-fame : resort of the lowest and vilest characters. 
 
 Patrick Hefferman, supervisor of the Tenth District, Sixth Ward ; arrested some time since for 
 attempted murder. 
 
 Frederick Sterringer, supervisor Eighth Ward, has been arrested several times for keeping dis- 
 orderly house. 
 
 J. F. Baderhop, supervisor Tenth Ward ; arrested for murder a few years since. 
 
 Ed. Weaver, marshal in Eighth Ward ; has been but a short time out of State prison, where he 
 has been serving out his sentence. 
 
 Walter Prince (colored), marshal Eighth Ward ; now in prison awaiting trial for highway rob- 
 bery. 
 
 Andrew Andrews, alias Hans Nichols, marshal ; panel-thief ; been sentenced two or three times 
 to State prison, and has just returned from Blackwell's Island. 
 
 I read this from page 1,636 of the Crnigressional Olobe for the Forty-first Congress, third session, 
 February 24th, 1871. 
 
 PHILADELPHIA JAIL BIRDS AS DEPUTY MARSHALS. 
 
 In Philadelphia the list is equally redolent of crime, the gallows and murderer's 
 cell. Here they are for 1878 : 
 
 Charles Oliphant, marshal Second division. Twentieth Ward ; drunk on election day and insult- 
 ing voters; seized Mr. Hackenberg without cause. 
 
 Charles Herr, marshal Second Division, Twenty -ninth Ward ; character and reputation bad, 
 had been arrested for crime. On election day he arrested a voter, who was released by Judge 
 Hare and voted. Herr wore a badge and solicited votes as a Republican. 
 
 Arthur Vance, marshal Eighth Division, Fifth Ward; arrested Hutchinson, a voter, without 
 cause. Vance was a notorious Republican worker. 
 
 John Homeyard, marshal Sixth Division, Sixth Ward ; drunk and arrested voters without cause, 
 drew a club on a Democrat for challenging a negro repeater. The police blocked up the poll, acted 
 in concert with Homeyard and brought voters to polls. Homeyard vouched for Republican voters 
 and distributed Republican tickets. Shriver, a United States revenue officer, kept Republican 
 window-book. 
 
 J. R. Desano, marshal First Division, Fifth Ward ; drunk all day, too drunk to arrest any one. 
 There were five policemen at these polls. Deeano never voted in that division before that day. 
 
220 THREE MONSTROUS GRIEYANCES. 
 
 James Brown, marshal Fourteenth Division, Fourth Ward ; record of his conviction in 1872 for 
 voting illegally produced. Proof was made that he voted twice on the same daj'. 
 
 William Augustus, Fourth Division, Eighth Ward ; acted as marshal, assuming authority as such, 
 but was not on the list ; a Republican worker. 
 
 Joseph Hilferty, marshal Twenty-first Division, Second Ward; held the Republican window -book 
 .all day and electioneered : threatened to arrest the Democratic United States supervisor for pro- 
 curing bail for a legal voter who had been arrested. 
 
 William McGowan, marshal Twenty-third Division, Second Ward. A policeman blocked up the 
 voting window, and a Democratic United States supervisor ordered him away, when McGowan and 
 the policeman seized him and locked him up in the station-house on a charge of interfering with 
 officers. The case was never tried. McGowan is employed in the gas office and paid by the city. 
 
 Charles N. Miller, detective, testified that in Seventeenth Division of Nineteenth Ward a gang of 
 repeaters were brought to the polls by a letter-carrier ; he had one of the gang arrested. 
 
 Philip Madden, marshal Fourth Ward ; one of the most dangerous men in the city, has been in 
 prison twice, once for highway robbery, and the second time for shooting a colored boy. 
 
 Francis McNamee, marshal Eighth Ward ; had been arrested for five different robberies. 
 
 Andrew Lenoir, marshal First Ward ; a warrant has been issued for him for larceny. 
 
 Daniel Redding, marshal First Ward ; a bad and dangerous man, had been tried for murder. 
 
 Henry Pitts, marshal Seventh Ward : a colored man' who keeps a gambling- house and been ar- 
 lested twice ; distributed Republican tickets and vouched for voters. 
 
 R. S . Stringfield, marshal Fifteenth Ward ; had been tried for shooting a man , character very 
 bad. 
 
 Michael Slavin, marshal Fifth Ward ; a thief and notorious repeater, had been arrested for sub- 
 •omation of perjury, but never tried. 
 
 William Glenn, marshal Nineteenth Ward, superintendent of Norris square, and paid by the 
 city for his duties. 
 
 Enoch Baker, marshal Second Division, Third Ward ; arrested John Carroll, a legal voter, with- 
 X)Ut cause and locked him up ; Carroll was discharged after a hearing. 
 
 J. Roberts, marshal Sixteenth Division, Thiid Ward ; arrested John Johnson a legal voter and 
 locked him up all night ; case never tried. Roberts electioneered for the Republican ticket ; was 
 xlerk in the gas office and paid by the city ; there were also twelve to fourteen policemen at the 
 polls all day, and they blocked up the poll. 
 
 Andrew Jackson, marshal Twenty-second Division, Thirteenth Ward ; employed in the gas 
 works under the city. Ackerman, Republican judge of election, acted as United States supervisor 
 and judge and refused to vacate the place of judge after writen orders by marshal Reams and 
 judge Elcock. Jackson arrested Feeny, who had been legally appointed judge and took him 
 away from the polls. Did not return to get possession until 2 p. m. 
 
 C. A. Pinnexson, marshal Thirteenth Ward ; aided in arrestmg Feeny. 
 
 Taylor, marshal Fifteenth Division, Third Ward, arrested Sweeny for illegal voting and 
 
 locked him up ; charge was found to be false and he was released and voted. 
 
 James Calligan, marshal Eighth Division, Sixth Ward ; so drunk in the afternoon he could not 
 walk, seized a qualified voter by the collar and staggered with him against the wall ; policeman 
 brought a repeater to the polls, who was arrested, as was the policeman. 
 
 Henry Scott, marshal Second Division, Seventh Ward ; a man of bad repute, colored, keeps a 
 low drinking house ; electionered and gave out tickets and tax receipts ; was inside at the counting 
 of the vote and took tickets out of the box ; only five votes came out for the Democratic candidate 
 for Congress ; democratic overseer contested this, and Scott allowed seventeen to be counted for 
 him. 
 
 Thomas Donlan, marshal Seventh Division, Sixth Ward ; an habitual drunkard and a graduate 
 of house of correction for this ; was drunk all day. 
 
 William D. Barth, marshal ; same place; blocked np the voting window and would not allow 
 legal voters to come to it ; there were two United States marshals and six policemen at this poll. 
 
 John Archer, marshal Twenty-seventh Division, Nineteenth Ward ; acted as United States 
 supervisor; was on both lists and paid as both officers ; when a marshal wanted during the day to 
 arrest a Republican repeater, he did not make known that he was a deputy marshal ; had no badge; 
 heavy Republican division ; no policeman there. 
 
 Joseph T. Fuller, marshal Sixth Division, Twenty-third Ward ; a guard in the House of Correc- 
 tion and paid by the city. 
 
 William Stringfield, marshal Thirty-Second Division. Twenty-fourth Ward ; arrested a legal 
 voter and took him to the magistrate's, where he was discharged ; Stringfield was discharged from 
 employment the day before election for stealing. 
 
 Charles Male, marshal Seventh Division, Eleventh Ward, keeps a house of prostitution. 
 
 Abraham Hoffman, marshal Eleventh Ward, a repeater, and had kept a house of prostitution 
 within a year; a thief. 
 
 William Eckenbrim, marshal Eleventh Ward, arrested for larceny: bill ignored. 
 
 David Beckman, marshal Thirty-second Division, Nineteenth Ward, held the Republican win- 
 dow-book and electioneered; threatened to put the Demociatic United States supervisor out of the 
 room for challenging a voter: the vote was rejected and the voter did not return. 
 
 William A. Ahem, marshal Ninth Division, Twelfth Ward, employed in the United States 
 Revenue office. 
 
 Fleming, marshal Sixth Division, Eighteenth Ward, distributed Republican tickets and 
 
 challenged voters; a legal vote was rejected on his challenge; intimidated many Democratic 
 voters. 
 
 William Boehm, marshal Eighteenth Division, Twenty -ninth Ward, plug inspector, and paid by 
 the city, electioneered and distributed Republican tickets. 
 
 Charles Prenderville, marshal Seventeenth Division, Fifth Ward, arrested a legal voter; case 
 never tried; electioneered for Republicans all day. 
 
 This was the record of a two days' investigation at Philadelphia. 
 
 The character of elections in Philadelphia is well-known. The registration 
 there is always in excess of the legal voters from 30,000 to 50,000. The repub- 
 licans having the machinery of registration in their own hands, uniformly and 
 
THREE MONSTROUS GRIEVANCES. 
 
 221 
 
 systematically make the registration in excess as a preparation to repeating and 
 other forms of illegal voting. Before every election the Democrats prepare affir 
 davits and go into the courts and have several thousand stricken from the regis- 
 ter lists, but they can scarcely more than make a beginning, because all the 
 courts can give suflSces only to strike off > few hundreds a day, 
 
 HOW THE people's MONEY IS SQUANDERED. 
 
 The following tables show what these federal election laws have cost the peo- 
 ple at the two last Congressional elections and where the money has been ex- 
 pended : 
 
 Supervisors and Deputy Marshals employed in 1876, with compensation. 
 
 States and Districts. 
 
 Isi 
 
 so-? 
 
 < 
 
 eg 
 
 It 
 
 73 
 
 < 
 
 
 :2s 
 
 a oi 
 
 aj S 
 
 < 
 
 p 
 
 a 
 < 
 
 Alabama, northern 
 
 
 
 
 150 
 244 
 
 192 
 
 785 
 
 214 
 
 244 
 
 135 
 
 745 
 
 207 
 
 115 
 
 840 
 
 1,222 
 
 117 
 
 239 
 
 9 
 
 1,032 
 
 9 
 
 249 
 
 342 
 
 723 
 
 2,500 
 
 166 
 
 13 
 347 
 
 49 
 338 
 
 30 
 
 18 
 201 
 
 
 
 
 
 
 
 
 
 
 S2,298 38 
 
 19 
 
 $500 00 
 
 $2,530 00 
 
 $5,238 3& 
 
 Arkansas, eastern 
 
 
 
 
 
 
 
 California 
 
 Delaware 
 
 1,578 99 
 
 105 
 
 5,220 00 
 
 4,225 00 
 
 11,023 99* 
 
 Florida, northern 
 
 
 
 
 
 
 Georgia 
 
 567 50 
 
 v 
 
 1,410 00 
 1,105 00 
 5,705 00 
 8,085 00 
 1,170 00 
 
 1,977 50 
 
 
 188 
 
 270 
 
 574 
 
 66 
 
 5,640 00 
 
 4,115 00 
 
 2,950 00 
 
 660 00 
 
 6,745 Oa 
 
 Louisiana 
 
 Maryland 
 
 .4,463 33 
 
 977 55 
 
 223 20 
 
 50 50 
 
 14,283 33 
 12,012 55 
 
 Massachusetts 
 
 2,083 20 
 
 Mississippi, northern 
 
 50 50- 
 
 
 
 Missouri, eastern 
 
 18? 40 
 
 152 
 
 1,330 00 
 
 16,385 00 
 
 17,902 40 
 
 Nevada 
 
 
 New Jersey 
 
 3.771 19 
 7,723 70 
 12,150 52 
 19,383 36 
 501 84 
 
 85 
 
 339 
 
 370 
 
 1,070 
 
 3,420 00 
 
 9,975 00 
 
 11.674 00 
 
 32,115 00 
 
 4,085 00 
 
 7,925 00 
 
 11,986 00 
 
 1 39,785 00 
 
 12,276 19' 
 
 New York, northern 
 
 25.623 70 
 
 
 35,810 22 
 
 New York, southern 
 
 91,283 36 
 
 North Carolina eastern 
 
 591 84 
 
 
 
 
 
 
 Pennsylvania, eastern (Philadelphia) 
 
 3.449 40 
 
 1,368 
 224 
 
 27,360 00 
 2,240 00 
 
 3,500 00 
 490 00 
 395 00 
 150 00 
 900 00 
 
 1,785 00 
 
 34,309 40 
 
 2,730 oa 
 
 South Carolina .... 
 
 879 14 
 120 00 
 249 92 
 551 05 
 206 GO 
 
 1,274 14 
 
 Tennessee, western 
 
 ■■■■33 
 
 ■ 1,866' 66 
 1,630 00 
 
 279 00 
 
 Texas, eastern. 
 
 2,949 92 
 
 Virginia, eastern 
 
 3,966 05 
 
 
 205 00 
 
 West Virginia 
 
 
 
 4 
 4 
 
 78 
 18 
 
 
 
 Idaho .\ 
 
 
 
 
 
 
 New Mexico 
 
 
 
 
 
 
 Utah ... 
 
 
 
 
 
 
 
 
 
 
 
 
 Total 
 
 59,371 67 
 
 4,863 
 
 110,629 00 
 
 11,610 
 
 112,616 00 
 
 282,616 67 
 3,304 60 
 
 Amount paid U. S. Commissioners in New 
 York City for services under election laws. 
 
 
 
 
 
 
 
 Total expenditures reported for 1876. . . 
 
 285,821 27- 
 
222 
 
 THREE MONSTROUS GRIEVANCES. 
 
 Supervisors and Deputy Marshals employed in 1878, with compensation. 
 
 States and Districte. 
 
 
 y 
 
 d 
 
 fl 
 
 •si 
 
 11 
 It. 
 
 -SI'S 
 
 Alabama 
 
 $1,551 71 
 
 
 $1,000 00 
 
 110 
 175 
 189 
 36 
 215 
 
 ■■■241 
 
 , 698 
 
 10 
 
 $1,000 00 
 
 $3,551 71 
 
 Arkansas 
 
 Florida ,.... 
 
 
 
 
 i 
 
 Georgia 
 
 
 
 
 i7o66 
 
 2,240 00 
 870 00 
 4,000 00 
 4,445 00 
 2,935 00 
 135 00 
 
 170 00 
 
 Illinois, northern 
 
 
 224 
 
 '206 
 
 4,480 00 
 
 870 00 
 
 .<* fim nn 
 
 6 720 00 
 
 Kentucky , 
 
 Louisiana 
 
 116 00 
 
 1,313 00 
 
 351 03 
 
 1,856 00 
 8,913 00 
 
 Maryland 
 
 230 ! 2^950 00 
 52 1.300 00 
 
 7,746 03 
 
 Michigan, eastern 
 
 1,435 00 
 
 Massachusetts 
 
 
 282 
 
 8,460 00 224 
 
 11,395 00 
 
 Nevada 
 
 
 
 20 
 192 
 
 10 
 
 1,260 
 
 574 
 
 
 New Jersey 
 
 7,324 84 
 
 148 
 
 3,050 00 
 
 2,880 00 
 
 13,254 84 
 
 New Mexico 
 
 
 New York, southern (city) 
 
 
 1,225 
 
 an nnn m 
 
 27,666 66 
 6,500 00 
 
 57,666 66 
 
 N^ew York, eastern 
 
 15,972 33 
 
 7,558 80 
 
 740 45 
 
 5,830 00 
 
 354j 10',620 65 
 
 3741 11,000 00 
 
 1 890 00 
 
 33.092 33 
 
 New York, northern . . 
 
 ■Ohio, southern . . 
 
 376 
 
 71 
 
 7,000 00 
 
 447 78 
 
 7,550 00 
 
 25,558 80 
 2,078 23 
 
 Pennsylvania, eastern 
 
 1,3701 27,440 00 773 
 312; 3,121 00; 19 
 34 680 00 4fi 
 
 40,820 00 
 
 Pennsylvania, western. 
 
 3,121 00 
 
 South Carolina 
 
 579 35 
 
 700 00 
 "'" 576'66 
 
 1,975 35 
 
 Texas 
 
 
 79 
 93 
 
 Virginia, eastern 
 
 585 00 
 
 70 620 00 
 
 1.775 00 
 
 
 
 1 
 
 
 Total 
 
 41,922 51 
 
 4,881 
 
 110 081 00' 5.411 
 
 68,442 78 
 
 220,446 29 
 2,567 95 
 
 Amount paid U. S. Commissioner for ser- 
 vices under election laws in New York city. 
 
 
 
 
 
 
 
 
 
 Total expenditures reported for 1878 
 
 222,714 24 
 
 In the above table the amount paid Chief Supervisor Davenport, of New York City, is not in- 
 cluded because it was not reported to Congress. 
 
 There is no data for expenditures prior to 1876, except in New York City, for 
 1872. There the amount expended in that year was $118,989.36. 
 
 GENERAL GARFIELD'S INCONSISTENT RECORD. 
 
 The record James A. Garfield made for himself on the proposition to amend 
 the Federal election laws illustrates his character and proves the bulk of the 
 charge which the leaders of his own party have time and again made against 
 him, namely, that he is without moral courage, and consequently always incon- 
 sistent. His course in regard to the amendment of Section 2003, Revised Sta- 
 tutes, gave great offence to his party friends iu both Houses of Congress, and 
 gained him no credit with the democrats. He began by declaring that in his 
 iudgment the woids, "or to keep the peace at the polls " ought to be stricken 
 from that section, and avowed his determination to vote therefor. This was at 
 the last session of the Forty-fifth Congress. In the Forty-sixth Congress he first 
 excused himself for not keeping the pledge by declaring against the "wicked- 
 ness" of placing general legislation as "riders" on appropriation bills. Prob- 
 ably no man in public life has been guilty of more " wickedness " of this kind 
 than General Garfield. During the time he was Chairman of the Committee of 
 Appropriations there was scarcely an appropriation bill reported to the House 
 which did not contain one or more provisions of general legislation. Again, 
 when the report of the words, "or to keep the peace at the polls " was attempted 
 Ijy an independent measure, General Garfield dodged the vote, and then when 
 the de facto President vetoed it, he voted to sustain the veto. And more than 
 this, he first voted to place a proviso on the army bill at the called session of the 
 Forty-sixth Congress, declaring that none of the money appropriated by that bill 
 ^vas intended for the support, equipment, transportation or pay of troops, to be 
 
THREE MONSTROUS GRIEVANCES. 223 
 
 used to keep the peace at the polls, and forbidding the use of any of the money 
 for that purpose ; and at the second session of the Forty-sixth Congress he en- 
 deavored by every parliamentary trick to prevent a similar proviso being added 
 to the army bill, and when he failed he dodged the vote on the adoption of the 
 same. Mark how inconsistent was his course in regard to the amendment of the 
 election laws. 
 
 The Legislative, Executive and Judicial bill failed at the last session of the 
 Forty-fifth Congress because the Republicans would not yield on the proposition 
 to amend the election laws. At the first session of the Forty-sixth Congress 
 -which was called by the de facto President, Mr. Cobb, on June 26, 1879, reported 
 from the Committee of Appropriations a deficiency bill making appropriations to 
 pay the fees of United States marshals and their general deputies. This bill con- 
 tained provisions amendatory of the Federal election law. In discussing this bill 
 on the following day General Garfield said : 
 
 GENERAL GARPIELD'S EXTRAORDINARY VIEWS. 
 
 " The dogma of sovereignty which has reawakened to such vigorous life in this chamber has borne 
 such bitter fruits and entailed such suffering upon our people, that it deserves some particular no- 
 tice" 
 
 It should be noticed that the word sovereignty cannot be fitly applied to any government in this 
 country. It is not found in our Constitution. It is a feudal word born of the despotism of the 
 middle ages, and was unknown even in imperial Rome, * * * [bnperialism, 
 
 however, which was known to Rome has never had any particular terror for Gen. Garfield]. Again 
 the government of the state may be absolutely abolished in case it is not republican inform. And 
 finally, tocaptheclim,axofthi8 absurd pretension, every right possessed by one of these sovereign states, 
 every inherent sovereign right except the single right to equal representation in the Senate may be taken 
 away without its consent by the vote of two-thirds of Congress and threefourths of the states. And 
 yet in spite of these disabilities we have them paraded as independent, sovereign states, the creators 
 of the Union and the dictators of its powers. How inherently sovereign must be that state west of 
 the Mississippi, which the Nation bought and paid for with the public money, and permitted to come 
 Into the Union a half a century after the Constitution was adopted! 
 
 So could two-thirds of Congress and tliree-fourths of the states vote to abolish, 
 our form of government and establish a Presidency for life, with the succession 
 to the heir of the so-called President. The one is just as logical as the other. Ac- 
 cording to Gen. Garfield's theory two-thirds of Congress and three-fourths of the 
 states can constitutionally say that New York or Pennsylvania shall not elect a 
 governor for three years, but must elect them for twenty years ; that their legisla- 
 tures shall meet only once in fifty years, in short, take away from the people of 
 those states " every inherent right'' save equal representation in the Senate, and 
 even that they might say should not be enjoyed by Catholics or Presbyterians, 
 
 Holding such views as these in regard to federal power, it is not strange that 
 Gen. Garfield should argue as he did • in the same speech that the Nation 
 might send its soldiers and deputy marshals to the polling places in any state and 
 supervise local as well as well as general elections, under the pretence of keeping 
 the peace of the Nation at the polls. 
 
 GENERAL GARFIELD ANSWERED. 
 
 Mr. Hurd, of Ohio, in answer to Gen. Garfield said: 
 
 My colleague, from Ohio, who has just taken his seat, has seen fit * * to enter 
 
 upon a discussion as to the nature of the Federal government, and the relations of the states to 
 that government under the Constitution which they created. Never in all mv studies of the politi- 
 cal history of this country, never in all my knowledge of the political debates which have taken 
 place in the Congress of the United States, have I heard such views of consolidation advanced as 
 have been suggested to day by that gentleman. 
 
 lie advanced the extraordinary proposition that the Union preceded the states, when the sev- 
 enth article of the Constitution declares: 
 
 "The ratification of the conventions of nine states shall be sufficient for the establishment of 
 this Constitution between the states so ratifying the same." 
 
 But in order that all doubt might be removed upon the subject that the Constitution and the 
 linion were the creature of the states, it was declared in the tenth amendment of the Constitution: 
 
 '' The powers not delegated to the United States by the Constitution, nor prohibited by it to the 
 states, are reserved to the states respectively, or to the people." 
 
 Nor is the opinion of the highest judicial tribunal in this country wanting upon this proposition. 
 
224 THREE MONSTROUS GRIEVANCES. 
 
 Tn the case of Lane County rs. Oregon the following is the decision of Chief-Justice Chase, to be 
 found on page 76 of 7 Wallace: 
 
 " The people of the United States constitute one nation, under one government, and this gov- 
 ernment within the scope of the powers with which it is invested, is supreme. On the other hand, 
 the people of each state compose a state having its own government, and endowed with all the 
 functions essential to separate and independent existence. The states disnnited might continue to 
 exist. Without the states in union there could be no such political body as the United States.'"' 
 * * it: * * * * 
 
 At the beginning of this session of Congress the Democratic partj' declared three propositions. 
 We insisted that the army should be kept away from the polls; that the test oath should be re- 
 pealed; and that laws should be enacted for the impartial drawing of jurors, and that the Federal 
 government should not exercise authority over elections held within the states. We insisted and 
 maintained that because of and by virtue of the constitutional provision that the House of Repre- 
 sentatives alone shall originate money bills, the representatives of the people had the right to in- 
 sist that the grievances of which they complained should be remedied before appropriations should 
 be made for the support of the government. 
 
 ******* 
 
 We said that the measures to ^rhich we objected were unconstitutional; we said that there was 
 no such person as a voter of the United States as such; that every man who had a right to vote had 
 it because of state authority and under state laws, and that therefore the Federal government, not. 
 creating the voter, had no power to interfere with him in the exercise of his rights of franchise. 
 
 We insisted that under the laws as they now stand there is no such thing as a national election; 
 that under the provisions of the Constitution in order that there should be a national election it was 
 fundamental that Congress should fix the places, times and manner of holding such election. In 
 that event there might be a national election, but that is not this case, for in every instance the 
 times, places, and manner of holding elections are fixed by the constitution and the laws of the 
 states, except in a single instance as to the time. The states having exercised power upon the 
 subject, there is no occasion for the exercise of power by the United States, and to say that the 
 United States and each state at the same time possess the power of fixing the time, place and man- 
 ner of holding elections is to say that two sovereignties possess the power to do the same thing at 
 the same time on the same subject-matter, which is itself an absurdity. We maintain as to the 
 army that it being a creature of Congress, it has no power to be within the limits of the sovereign 
 states, except as the Constitution of the United States provides, and then only for the purpose of 
 suppressing domestic insurrection or repelling the armed enemies of the United States, and then 
 only at the request of the legislature thereof, or the executive of the state, if the legislature be 
 not in session. 
 
 ******* 
 
 And in the history of this government, from the day of its foundation until now, the veto power 
 was never before exercised to prevent the repeal of a law or to prevent the enactment of a general 
 appropriation bill. Certainly never before was the veto power exercised to practically take away 
 from one of the two Houses of Congress a power which is conferred upon it separately by the pro- 
 visions of the Constitution itself. The power to originate bills of revenue is a power which belongs 
 to us, and it is a power which, if the President interferes with it as he has done by this veto in this. 
 case, he can absolutely take away from us. 
 
 What reasons have been urged for these extraordinary vetoes? Chiefly that the bills we sought 
 to pass took away from .the executive authority power to enforce the law. Because we would not 
 let him use the army on election day to keep the peace at the polls, he said we took away from him 
 the power to enforce the laws. Sir, the army is a creature of Congress. The Constitution declares 
 that the Congress may raise an army. The Constitution declares that appropriations for the army 
 shall not last longer than two years. The Constitution declares that Congress may make rules and 
 regulations for the government of the army; rules and regulations— " rules " coming first, "regu- 
 lations " afterward. Therefore the army is absolutely the creature of Congress. Whether it shall 
 be used to execute the laws or not is for Congress to say, and not for the President. He must take 
 the army as we give it to him, for the purposes which we declare it shall be used for, we being the 
 power to create it. 
 
 ******* 
 
 In the Forty-fifth Congress we said to the President, your army— our army, I mean— our army 
 shall not be used as a posse comitatus. In the Forty-sixth Congress we have said our army shall not 
 be used as a part of the police force. And before the Forty-sixth Congress shall have closed its 
 term I say to gentleman that we will have taken from the statu te-book"every law which proposes 
 to use this creature of ours at the polls to intimidate American citizens in the exercise of their highr 
 est prerogative. 
 *****♦♦*******♦ 
 
 Mr. Chairman, this extra session has made up the issue between the two parties. The Demo- 
 cratic party declare that the army shall be kept from the polls; that juries shall he impartially 
 drawn ; that the test oath shall be repealed, and that the Federal authority shall not interfere in 
 elections within the states. Upon that question the Republican party takes issue with us. Confi- 
 dently appealing only to the patriotism of the country, the Democratic party goes into this contest. 
 Never in all the nistory of this land have more important questions been submitted to the American 
 people for their determination. 
 
 THE BILL VETOED. 
 
 Mr. Cobb demanded the previous question on the passage of the bill, and Mr, 
 Conger called for the yeas and nays. The question being taken the bill passed 
 — yeas 89, nays 69 — Mr. Garfield voting nay. 
 
 The bill then went to the Senate and was passed without amendment on Juno 
 28th. On the 30th day of same month it was vetoed by Mr. Hayes. The veto 
 message being read the question was, "Will the House, on reconsideration, agree 
 to pass the bill notwithstanding the objections of the President ?" The yeas and 
 
THREE MONSTROUS GRIEVANCES. 225 
 
 nays being demanded, the vote stood, 3reas 85, nays 63, Mr. Garfield again 
 recording his vote in the negative. Two-thirds not voting in the affirmative the 
 bill was lost. 
 
 No appropriations were made at the first session of the Forty-sixth Congress 
 for tlie pay of marshals and their general deputies. 
 
 THE ELECTION LAWS AT THE SECOND SESSION FORTY-SIXTH CONGRESS. 
 
 At the second session of the Forty-sixth Congress the de facto President, Feb- 
 ruary 25, 1880, asked Congress in a special message to make appropriations for 
 the pay of the marshals for the current fiscal year. A general deficiency bill was 
 reported from the Committee of Appropriations providing, among other things, 
 for the pay of the marshals, with restrictive legislation in regard to the duties of 
 Federal election officers. The amount appropriated for the pay of marshals was 
 ample— $600,000 for that current year. There was no election that year and the 
 prohibition that none of it should be applied to the payment of expenses incurred 
 or to be incurred for election officers applied only to deficiencies on account of 
 liabilities incurred for an election in the state of California, or to what might be 
 unexpended. The pay of the special marshals for the election in California, 
 $7,600, had been guaranteed by the Republican State Committee, and therefore 
 it was a private obligation. 
 
 Gen. Garfield opposed the bill on the ground that it was a nullification of exist, 
 ing laws. He claimed that under sections 2011 and 2012, Revised Statutes, the 
 Judges of the Circuit Courts of the United States were bound to appoint these 
 election officers. This was literally begging the question. The law requires the 
 judges to appoint supervisors only — not deputy marshals. They are to be ap- 
 pointed by the marshals. The amendments to the election laws proposed by the 
 Democrats did not do away with supervisors. They only curtailed some of 
 their powers and repealed the unwonted powers given to special deputy mar- 
 shals. The deficiency bill prohibited payment only to these deputies. The mar- 
 shals knew before they appointed them that Congress had not provided for their 
 payment, and they and those they appointed acted upon their own responsibility 
 in appointing and accepting. The Revised Statutes, section 3679, specifically 
 prohibits the expenditure of any money or the incurring of any liaUUties without 
 appropriations made for the same, or in excess of appropriations. Therefore the 
 marshals violated this law in appointing deputies, and the Department of Justice 
 violated it in permitting the marshals to incur the liability of paying these dep- 
 uties. 
 
 REPUBLICAN AUTHORITY QUOTED. 
 
 Mr. Warner, of Ohio, made a speech in which he elaborately argued the right 
 of the House to control money bills and the object for which appropriations 
 should be made. He quoted not only from the Fathers of the Republic to show 
 that this had been their view of the power of the House and of Congress, but 
 from the great lights of the Republican party, Mr. Sumner, Mr. Fessenden, Mr. 
 Hale, Mr. Seward, Mr. Wilson, Mr. Giddings and Mr. Wade. 
 
 Mr. Woods, Senator from Ohio, said : 
 
 Must the people's House of Representatives sit with their arms folded, and although the Consti- 
 tution of the United States confers emphatically upon them the power to orl<?inate all revenue bills 
 (which comprises the power to place these j^rants of money on such conditions as they see fit,) 
 must they refrain from exercising their authority in an emergency like this ? la this the liberty 
 of the American citizen, that the people's House, where there really is a representation of the peo- 
 ple, where the wisdom of the fathers placed the taxing power, are leading to revolution by annexing 
 a condition to the appropriation of the people's money a most wholesome restraint, putting a curb 
 in the mouth of the traitor who sits in the executive chair, now stimulating this country as fast as 
 he caa do it to a civil war ? 
 
226 THEEE MOXSTROTJS GRIEVANCES. 
 
 John p. Hale, of New Hampsliire, said : 
 
 Mr. President, I understand this princiiile to be the great principle of English liberty incorpor- 
 ated in our Constitution, and it is the only resource by which the Parliamenr of Great Britain have 
 held tlie king in check. If we surrender it we shall give our own Executive an arbitrary power un- 
 known to the Constitution, and not vested in the king of England. It is the only principle that 
 is left of popular government by which the supremacy of the popular will can be maintained 
 in this country or in England, and if we give it up to-day, we may just as well give up the 
 experiment. 
 
 Joshua R. Giddings spoke in the same way : 
 
 I take the position which I have always maintained here for myself, and which I am unwilling in 
 the midst of passing events to leave unproclaimed on this floor, and that is that the people have a 
 perfect unlimited control of their own funds. We are the representatives of the people here. We 
 are their agents, sent here to deal out thiir funds, and it is not for the Senate or for the Executive 
 to say that we shall appropriate them to any object revolting to the proper sense of justice 
 and propriety. I lay down tiiis as a principle too old and too well understood to be disputed at 
 this day. 
 
 Mr. Seward, recognized by all parties as a statesman of high rank, said : 
 
 Since the House of Representatives has power to pass such a bill distinctly, it has power, 
 also, to place an equivalent prohibition in any bill which it has constitutional power to pass. 
 And so it has a constitutional right to place the prohibition in the annual Army Appropri- 
 ation bill. 
 
 I grant that this mode of reaching the object proposed is in some respects an unusual one. and 
 jn some respects an inconvenient one. It is not, therefore, however, an unconstitutional one, or 
 even necessarily a wrong one. 
 
 It is a right one if it is necessary to effect the object desired, and if that object is one that is in 
 itself just and eminently important to the peace and happiness of the country or to the security of 
 the liberties of the people. 
 
 Mr. Wilson, afterward Vice-President, went so far as to step even on the dan- 
 gerous ground so bitterly condemned now by the other side of the House, and 
 which I also in part condemn. Mr. Wilson says : 
 
 " The House of Representatives," says Mr. Madison, " cannot only refuse, but they alone can 
 propose the supplies requisite for the support of the government." This declaration is full, ample, 
 complete. If the House can refuse the supplies requisite for the support of the government, if 
 it possesses this complete and effective weapon for obtaining a redress of every grievance and for 
 carrying into effect every just and salutary measure, the occasion surely demands the full exer- 
 cise of that power of th '. House; and in its firm exercise, to use the words of Madison, it will be 
 Bustained by the consciousness of being supported in its demands by right, by reason, and by the 
 Constitution. 
 
 GENERAL GARFIELD SUGGESTS AN AMENDMENT. 
 
 On March 19, 1880, while this bill was being considered in the Committee of 
 the Whole, Mr. Springer, from the Committee on Elections, acting upon a sug- 
 gestion — a proposition made the day before by Gen. Garfield — offered the follow- 
 ing amendment to an amendment which had been offered by the Republicans 
 to appropriate $7,600 for the pay of the special deputy marshals in California : 
 
 Amend the amendment by adding thereto the followinj; : 
 
 For special deputy marshals of elections, the sum of $7,600 ; Pi'ovided^ That hereafter special 
 deputy marshals of elections and general depute marshals, for performing any duties in reference 
 to any election, shall receive the sum of $2 per day in full for their compensation; and that all ap- 
 pointments of such special deputy marshals or of general depul v marshals having any duty to per- 
 form in respect to any election shall be made by the jud^e of the Circuit Court of the United States 
 for the district in which such marshals are to perform their duties, or by the district judge, in the 
 absence of the circuit judge, and not less than two nor more than three appointments shall be made 
 for any voting precinct where such appointments are required to be made, and the persons so ap- 
 pointed shall each be of different political parties, of good character, and able to read and write the 
 English language, and shall be well-known residents of the voting precinct in which their duties 
 are to be performed. 
 
 Mr. Hitchcock, of New York, and Mr. Keifer, of Ohio, both made points of 
 order on the amendment, and opposed it on its merits. In the progress of the 
 debate on this amendment, Gen. Garfield said : 
 
 Mr. Garfield: Do I understand the Chair to hold that the vote on one branch of the amendment 
 would cut off debate upon the second branch? 
 
 The Chairman: The Chair thinks it would. It is all one amendment; and if there is to be any 
 debate upon it, it should take place before any vote is taken. 
 
 Mr. Gai field: Mr. Chairman. I desire to offer an amendment to the second branch— 
 
 The Chairman: That is not m order. 
 
 Mr. Springer: I will hear the gentleman's amendment; perhaps I will accept it. 
 
 Mr. Garfield: It is 1o strike out all after the words " in the absence of the circuit judge," where 
 they occur in the last line of the Record print, page 39. I speak for nobody but myself, but I will 
 vote for the amendment if all following these words be struck out. 
 
THREE MONSTROUS GRIEVANCES 227 
 
 A Member: What is the effect? 
 
 Mr. Springer: I cannot accept that amendment. 
 
 Mr. Garfield: I do not ask the gentleman to accept it. This is not a contract. 
 
 The Chairman: The Chair will state to the gentleman from Ohio (Mr. Garfield) that the Com- 
 mittoe on Appropriation 6 has reported back this bill, recommending the adoption of an amendment 
 making an api)ropriati<)n of 8600,000 lo pay marshals and their general deputies. To that amend- 
 ment the gentleman from Illinois has proposed an amendment. Therefore not only an amend- 
 ment, but an amendment to the amendment, is now pending; and at present no further amendment 
 is in order under the rules. 
 
 Mr. Garfield: Would it be in order to offer a substitute for the whole amendment of the gentle- 
 iman from Illinois? 
 
 Tlie Chairman: That can be done. 
 
 GARFIELD'S AMENDMENT IN H^C VERBA. 
 
 Mr. Garfield: Then I offer as a substitute the amendment of the gentleman from Illinois, with 
 these modifications: inserting $5 a day instead of $i a day, and omitting everything after the words 
 "in the absence of the circuit judge." 
 
 The proposed substitute was read, as follows: 
 
 " And for special deputy marshals of elections, the sum of S7,fiOO; Provided, That hereafter special 
 deputy marshiils oi elections and general dt-put marshals, for performing any duties in reference to 
 any election, shall receive the sum of ^5 per day in full for their compensation; and that all appoint- 
 ments of such special deputy mars^hals or of general deputy marshal-i having any duty to perform in 
 respect to any election shall be made by the judge of the circuit court of the United States for the 
 district in which such marshals are to purform their duties, or by the district judge, in the absence 
 of the circuit judge." 
 
 -St************ 
 
 Mr. Simonton: I desire to make a parliamentary inquiry. 
 
 The Chairman: The gentleman will si ate it. 
 
 Mr. Simonton: Is the substitute of the gentleman from Ohio open to amendment? 
 
 The Chairman: One amendment may be offered to that substitute. 
 
 Mr. Simonton: Then I offera^ an amendment to the substitute what I send to the desk. 
 
 The clerk read as follows: 
 
 '* Strike out ' $5 ' and insert '$2;' and after the word 'judge ' insert ' and not less than two nor 
 more than three appointments shall be made for any v iting precinct where such appointments are 
 required to be made, and the persons so appointed shall be of different political parties; and if there 
 are more than two political parties having tickets to be voted lor, no two of said deputy marshals 
 shall be appointed from the same party. And tlie persons so appointed shall be persons of good 
 -character, able to read and write the English language, and shall be well-known residents of the 
 voting precinct in wh ch their duties are to be performed." 
 
 Mr. Connor: That is the original proposition. 
 
 The Chairman: The Chair thinks it is substantially the same thing, but it is offered as an amend- 
 ment to the substitute. 
 
 Mr. Conger: Marshals of three political parties were provided for by the modification of the 
 amendment of the gentleman from Illinois [Mr. Springer], and this is virtually restoring the origi- 
 nal proposition. 
 
 The Chairman: There is no doubt about that; but the Chair cannot rule it out on that account. 
 
 Mr, Springer: Is the modification of the gentleman from Tennessee [Mr. Simonton] now before 
 the committee? 
 
 The Chairman: It is. 
 
 Mr. Hon-: I desire to oppose the amendment. 
 
 Mr. Springer: I rise to support it. 
 
 Mr. Simonton: I will yield my time to the gentleman from Illinois [Mr. Springer.! 
 
 The Chairman: The Chair will first recognize the gentleman from Illinois, to support the amend- 
 ment, after which he will recognize the gentleman from Michigan [.Mr. Ilorr]. 
 
 HE FURTHER AMENDS. 
 
 Mr. Springer: I regret that the gentleman from Ohio [Mr. Garfield] should so soon have retreated 
 from the pos tion which he took in this liouse yesterday. 
 
 Mr. Garfield: I have not retreated from it at all. 
 
 Mr. Springer: The gentleman says he has not retreated. 
 
 Mr. Garfi.'ld: Not at all. 
 
 Mr. Springer: I will read from the Record to show whether the gentleman has retreated or not. 
 The gentleman said: 
 
 " We offered last session to let the law be changed so that these officers should be appointed 
 from the two parties. I distinctly held that out as a standing offer; and, .so far as lam concerned, 
 that ' lamp still holds out to bum.' " 
 
 Now, that gentleman comes in with a substitute, and proposes to leave out the very portion of 
 my amendment which provides that these ofllcers shall be appointed from different political parties. 
 Is not that true ? 
 
 Mr. Gar ti eld: If the gentleman will allow me, I will say that I am entirely willing to put that 
 in. I had not in the moment allowed me the lime to prepare carefully the whole amendment. The 
 part to which 1 objected, and which I wanted to gel stricken out, was that part which limited us to 
 three marshals to keep the peace in a precinct where there might be a not Of several thousand 
 persons. 
 
 Mr. Springer: Then the gentleman moved to strike out •' three," and insert " as many as the 
 Court may deem necessarv. 
 
 Mr. Garfield: Very well, but I will not take your three-marshal proposition, 
 
 Mr. Springer: It seems to be difiicult to frame a proposition to which the gentleman will 
 agree. 
 
 Mr. Garfield: Restricting the number of marshals to three for a whole voting precinct was never 
 apart of any proposition suggested by the other side yesterday, or accepted by us on this side. 
 That 16 what 1 objected to. 
 
228 THREE MONSTROUS GRIEVANCES. 
 
 Mr. Springer: If the gentleman desired to remedy that, it was his province to move an amend- 
 ment as to the number. 
 
 Air. Garfield: I am willing to do 80 now. 
 
 Mr. Springer: The gentleman did not do so, but moved an amendment in regard to the political 
 complexion nf these marshals. 
 
 Mr. McMahon: If the gentleman will permit me, I will say to my colleague from Ohio [Mr. Gar- 
 field! that he seems to forget that the law is not interfered with at all which permits general deputy 
 marshals to be present at the polls; and under the statute they may be appointed to an unlimited 
 number. 
 
 Mr. Garfield: Not under this amendment. This amendment limits the number to three, of 
 general and special deputies. The point I make against the amendment as it stands is, that in all 
 cases of doubt, danger and disturbance, the government of the United States can have but three 
 oflicers empowered to keep the peace against a riot, however large. 
 
 GENERAL GAEPIELD'S AMENDMENT ACCEPTED. 
 
 Mr. Springer; I will say to the gentleman from Ohio that I have no objection to leaving to the 
 discretion of the Court the power to appoint a suflicient number in each precinct to keep the peace 
 at the polls. I desire a free and fair expression of the popular will at every poll in the United 
 States. The Democratic party desires such free and fair expressions of the people's will at every 
 poll in the United States. 
 
 Mr. Keed: It must be a recently-bom desire. 
 
 Mr. Springer: And any one who asserts that the Democratic party desires to commit or permit 
 fraud at any poll in the United States, asserts that which is not true, and which is not supported by 
 the history of the Democratic party in the past. 
 
 I ask the members of the Democratic party on this floor, I ask the Republicans on the other side 
 of tills House, to support this amendment, or the substance of it, in order that this vexed (question 
 of deputy marshals at the polls may be settled by this House in such manner as to give satisfaction 
 to all the people of this country, and to take the subject out of all the discussions of political 
 parlies. 
 
 We all say that we desire fair and free elections. Gentlemen on the other side must understand 
 that it is not fair to surround the polls with an unlimited number of their own partisans, paid out 
 of the treasury of the United States, for the purpose of electioneering in behalf of their own party 
 candidates. You know that is not fair. I ask you to remedy it. You can remedy it by voting for 
 this amendment. If you do not remedy it, bnt contend for the right to surround all the polls of the 
 United States with your own paid partisans, in order to electioneer for your parly candidates, you 
 will be asking for that which you know is not right, and which is not sustained by the law. 
 
 GENERAL GARFIELD WRITES IT OUT. 
 
 Mr, Garfield: I have written out a modification in the form of an additional clause. 
 
 The Chairman: The clerk will report the substitute as now modified. 
 
 The Clerk read as follows; 
 
 " For special deputy marshals of elections, the sum of $7,600: Provided, That hereafter special 
 deputy marshals of elections and general deputy marshals, for performing any duties in reference 
 to any election, shall receive the snm of $5 per day in full for their compensation; and that all ap- 
 pointments of such special deputy marshalf, or of general deputy marsha s, having any duty to 
 perform in respect to any election, shall be made by the Judge of the Circuit Court of the United 
 States for the distnct in which such marshals are to perform their duties, or by the District Judge in 
 the absence of the Circuit Judge; said special deputies to be appointed in equal numbers from the 
 different political parties." 
 
 Mr. Garfield: I modify the substitute further by striking out the words "and general deputy 
 marshals," as the amendment ought to relate to special deputies only. 
 
 Mr. Springer: I object to that modification. 
 
 The Chairman: The gentleman lias the right to modify his own substitute. 
 
 Mr. Field: I desire to call the attention of the gentleman from Ohio to one point. The pro- 
 vision is, that in the absence of the Circuit Judge these ofticers shall be appointed by the District 
 Judtre. 
 
 Mr. Garfield: Yes, sir. 
 
 Mr. Field: I suggest that the words " of the district " be inserted. 
 
 Mr. Gai-field: Very well; I modify the amendment further by. inserting after " district judge '* 
 the word* •• of the district." 
 
 The amendment of Mr. Simonton to the substitute of Mr. Garfield was read, as follows: 
 
 "Strikeout '$5' and insert * $2;' and after tlie word 'judge' insert: 
 
 " And not less than two nr)r more than three appointments shall be made for any voting precinct 
 where appointments are required to be made; and the persons so appointed shall be of different 
 political parties; and if there are more than two political larties having tickets to be voted for, no 
 two of said deputy marshals shall be appointed from the same party. And the persons so appointed 
 shall be persona of good character, able to read and write the English language, and shall be well- 
 known residents of the voting precinct in which their duties are to be performed." 
 
 Mr. Keifer: I should like, if we are going to vote on the amendment of my colleague [Mr. Gar- 
 field) to have the clerk read that substitute, as it would be if adopted. 
 
 The amendment was read. 
 
 The Chairman : The Chair understands the gentleman from Tennessee to modify his amend- 
 ment so as make it come in at the end of the substitute aa originally offered. 
 Mr. Simonton : Before tho word •' naid " and after the word " judge." 
 The question recurred on Mr, Simonton's amendment to Mr. Garfield's substitute. 
 The committee divided, and there were— ayes 105, noes 103. 
 Mr, Garfield demanded tellers. 
 
 Tellers were ordered ; and Mr. Garfield and Mr. Simonton were appointed. 
 The committee again divided ; and the tellers reported— ayes 117, noes 114. 
 So the amendment to the amendment was agreed to. 
 
THREE MONSTROUS GRIEVANCES. 229 
 
 SPEAKER RANDALL WELCOMES GAKFIELD'S PROPOSITION. 
 
 Maech 20, 1880.— Mr. Randall (the Speaker) : I renew the jiro forma amendment. The issue 
 "between the two sides has been very much narrowed during the discussion to day. This law is on 
 the statute-book ; many of us belifve that it is unconstitutional. The effect of the amendment 
 propo.*ed by the gentleman from Illmois [Mr. Springer] is to take in part from that law a partisan 
 administration oi its provisions. It has been distinctly asserted on the other side by several who 
 have addressed the House tiiis morning that they will not be satisfied witti any compromise or with 
 any chnngc of the existing law in these respects. We are ready to meet that issue. We say that 
 if special deputy marshals are to be used at elections, whatever may be the opinion as to the con- 
 stitutionality of such a law, those officers should be divided between the two or three political 
 par' ies contending at snch election. We say that when we come to vote the money to carry out 
 such law we will not vote it to be used for any partisan purposes. We want the money to be used 
 for no party ends whatever, but only for the purpose of carrying out the act which is on the 
 statute-book, but which you declare it to be your purpose to administer as has been heretofore 
 done.. 
 
 Mr. 'Robeson : The gentleman says "for no party end." Did not the gentleman from Ohio 
 [Mr. McMahon] stand here ten minutes ago and say that he did this for a party end, that they 
 would take this now for the advantage which thev could get from it, and afterward, having 
 obtained that vantage-ground, they would sweep all the law from the statute-book ? [Applause 
 on the Republican side.] 
 
 Mr. Randall (the Speaker) : In answer to the gentleman, allow me to say that I take no one 
 man's word on this side of the House. I take the acts ot the party who have the otficers to execute 
 this law in contradistinction to the words of anybody. Yon have administered this law in an 
 outrageous and unjustifiable manner. [Applause on the Democratic side.] And in endeavoring to 
 modify that law here to-day we do no more than to ask that it shall be made to exercise its 
 powers upon all alike, and that those who administer the law shall be drawn from the great body 
 of the people, without reference to party associations or affiliations. [Renewed applause on the 
 Democratic side.] 
 
 The friends of the gentleman from Ohio [Mr. Garfield] assert that he did not take the position 
 during the extra session of this Congress which it has been said he took. I ask to have read what 
 the gentleman proposed as an amendment to this very bill and what he said at the time. 
 
 Mr. Hawley : We know what he said, and a great many of us would say the same thing. 
 
 The Chairman : The clerk will read what has been sent up by the gentleman from Penn- 
 sylvania [Mr. Randall]. 
 
 The clerk read as follows : 
 
 Mr. Garfield : I modify the substitute further by striking out the words " and general deputy 
 marshals," as the amendment ought to relate to special deputies only. 
 
 Mr. Springer : I object to that modification. 
 
 The Chairman : The gentleman has a right to modify his own substitute. 
 
 Mr. Field : I desire to call the attention of the gentleman from Ohio to one point. The provision 
 is that in the absence of the circuit judge these officers shall be appointed by the district judge. 
 
 Mr. Garfield : Yes, sir. 
 
 Mr. Field : I suggest that the words " of the district " be inserted. 
 
 Mr. Garfield : Very well ; I modify the amendment further by inserting after " district judge " 
 the words " of the district." 
 
 Mr. Randall (the Speaker) : I ask the clerk now to read the last two lines of the amendment 
 offered by the gentleman from Ohio [Mr. Garfield]. 
 
 The clerk read as follows : 
 
 Said special deputies to be appointed in equal numbers from the different political parties. 
 
 I WILL VOTE FOR IT, I SWEAR I WI" 
 
 Mr. Garfield : We are equals here, each having rights equal to every other, and nobody 
 having any authority to bind any but himself. With that preface, I will speak for myself. 
 
 The first object which I try to keep before my mind in legislation is to be right. And on this 
 question of tho election laws, during the long and heated session of debate last summer, in which 
 all sorts of accusations were made again-t them by gentlemen on the other side, there was made 
 but one lodgment in my mind of a just criticism upon them. There was one charge made by the 
 other side, and in so far as it was true I consider it a just objection to the law. It was that the law 
 had been used, or was capable of being used, to fill election precincts with men of one party whose 
 time might be employed at the public expense for party electioneering purposes. 
 
 I say in so far as that Jaw can be so used to that extent it is unjust ; and at all times and on all 
 proper occasions 1 have declared, and I now declare myself, willing to modify the law so that the 
 alleged abuse cannot take place. [Applaas<? ou the Democratic side ] That I say for myself, and 
 will continue to say it. No other vaiid objection to this law was, in my judgment, made by any- 
 body during the last session of this Congress or since. 
 
 ***** * ***** 
 
 BUT GARFIELD HADN'T HEARD FROM HIS PARTY. 
 
 Mr. McMahon : There is no accounting for gentlemen's taste who like pickles. If the gentle- 
 man is pleased, we are. I assert that my colleague [Mr. Gai-field] inaugurated it. Time was given 
 him for discussion when I tried to close debate. He came in with a prepared speech, endeavoring 
 to place us in a false position. I undertook to reply in my feeble way. In the course of that argu- 
 ment, repudiatinf? the interpretation the gentleman had put upon my speech. I said we desired a 
 modification of the election laws ; that, if constitutional, they were not good laws ; that if they 
 were modified we might vote money in the future for the purpose of carrying them out. There- 
 upon my colleague from the state of Ohio said to me on the floor that he had offered a propositiou 
 to appoint these marshals, by the court, from all parties at the last session, and that— 
 
 " While the lamp holds out to burn. 
 The vilest sinner may return." 
 
230 THREE MONSTROUS GRIEVANCES. 
 
 And that the lamp was still burning, and he was ready to modify them. We acted on his words. 
 We took it as an offer of compromise in good faith. Your stalwart men shout, " No compromise !" 
 We acted on my colleague's offer, made on Wednesday last. The Committee on Elections met next 
 morning and agreed upon the amendment, now pending, of my friend from Illinois [Mr. Springer], 
 who brought it Into the House and offered it under the rules, as he had a right to do. We 
 thought when the offer contained in this amendment was made to gentlemen on that side, it would 
 be accepted. But it seems to be objectionable in various ways, especially in limiting the number 
 of deputies who may be appointed. 
 
 The amendment I have just now offered, which I hope our friends on this side will accept with- 
 out dissent, as well as gentlemen on the other, is precisely the amendment my colleague from the 
 state of Ohio [Mr. Garfield] offered yesterday in the House, without the crossing of a < or the dotting 
 of an i, which proposition he has always said he will support, and which he has just now said he 
 will vote for "if no other man does." 
 
 * * * * * * * * * * *•* 
 
 GENERAL GARFIELD AND TWEEDLEDEE AND TWEEDLEDUM. 
 
 Same day the amendment of General Garfield, slightly modified, was adopted 
 in Committee of the Whole. The committee rose, reported the bill, with amend- 
 ments, to the House. The amendment above referred to was read. We print 
 side by side General Garfield's amendment with that adopted by the Committee 
 of the Whole. 
 
 GENERAL GARPIELD'S AMENDMENT. AMENDMENT OP THE COMMITTEE OP 
 
 For special deputy marshals of elections, the THE WHOLE, 
 
 sum ofSS7,600 : Protided, That hereafter special yox special deputy marshals of elections, the- 
 
 deputy marshals of elections and gemral deputy gu,n of $7,600 : Provided, That hereafter special 
 
 marshals for performing any duties m reference deputy marshals of elections for performing any 
 
 to any election, shall receive the sum of $5 per duties in reference to any election shall receive 
 
 day in full for their compensation ; and that all the sum of %6 per day in full for their compen- 
 
 appointments of such special deputy marshals nation, and that the appointments of such special 
 
 or of general deputy marshals having any duty deputy marshals shall be made by the judge of 
 
 to perform in _ respect to any election f hall be tlie circuit court of the United States for the 
 
 made by the judge of the circuit court of the district in which such marshals are to perform 
 
 United States for the district m which such their duties or by the district judge in the ab- 
 
 marshals are to perform their duties, or by the gg^ce of the circuit judge, such special deputies 
 
 district judge of the district in the absence of to ^e appointed in equal numbers from the dif- 
 
 the circuit judge ; said special deputies to be ferent political parties ; and the persons so ap- 
 
 appointed in equal numbers from the different painted shall be persons of good moral character 
 
 political parties. q^^ gf^fjn j^ well-known residents of the voting 
 
 The words in italics above are not in the precinct in which their duties are to be per- 
 
 amendment adopted by the Committee of the formed. 
 
 Whx)le. yy^g words in italics above are not in General 
 
 Garfield's amendment 
 
 The yeas and nays were called on the adoption of this amendment. General 
 Oarjield voted no against his own measure. 
 
 The yeas and nays were as follows: 
 
 Yeas.— Atherton, Atkins, Bachman, Belford, Beltzhoover, Berry, Bicknell, Bland, Bliss, Blount^ 
 Bouck, Bright, Butterworth, Cabell, Carlisle, Clardy. Clark, John B., Cobb, Coffroth, Colerick, 
 Cook, Covert, Cravens, Culberson, Davis, Joseph J., Davis, Lowndes 11., De La Matyr, Deuster, 
 Dibrell, Dickey, Ellis, Evins, Finley, Forney, Frost, Geddes, Gibson, Goode, Gunter, Hammond, 
 N.J. , Harris, John T., Hatch. Henkle, Henry, Herbert, Herndon, Hosteller, House, Hull, Hunton, 
 Hutchins, Johnston, Kenna, Kimmel, King, Kitchin, Kloiz, Knott, Ladd, Lewis, Manning; Mar- 
 tin, Henj. F., Martin, Edward L., McM«hon, McMillin, Mills, Morrison, Morse, Muldrow, Murch, 
 Meyers, New, Nicholls, O'Connor, O'Reilly, Persons, Phelps, Philips. Phister, Poehler, Reagan, 
 Richardson, J. S., Robertson, Rothwell, Samford, Sawyer, Scales, Shelley, Simonton, Single- 
 ton, O. R., Slemons, Speer, Springer, Steele, Stevenson, Talbott, Taylor, Thompson, P. B.,Til man, 
 Townshend, R. W., Tucker, Upson, Vance, Waddill, Warner, Weaver, Wellborn, Wells, Whit- 
 thome, Williams, Thomas, Willis, Wilson, Wood, Fernando, Wright, Young, Casey— 115. 
 
 Nats.— Aldrich, N. W., Aldrich, William, Anderson, Armfield, Baker, Ballou, Barber, Bayne, 
 Bingham, Blackburn, Blake, Bowman, Brewer, Briggs, Brigham, Browne, Burrows, Calkins, Camp, 
 Cannon, Carpenter, Claflin, Conger, Converse, Cowgill, Davis, George R., Davis, Horace, Decring, 
 Dennell, Dwight, Einstein, Errett, Farr, Ferdon, Field, Fisher. Ford, Fort, Frye, GARFIELD, 
 Godshalk, Hammond, John, Harris, Benj. W., Hawk, Hawley, Hayes, Hazelton, Henderson, His- 
 cock. Hooker, Honk, Humphrey, Hurd, dames, Jones, Joyce, Lindsey, Marsh, Martin, Joseph J., 
 Mason, McCoid, McKenzie, McKinley, Miles, Monroe, Morton, Neal, Newberry, Norcross, O'Neill, 
 Orth, Osmer, Overton, Pacheco, Piige, Pierce, Reed, Rice, Richardson, D. P., Robeson, Robinson, 
 Russell, Daniel L., Russell, W. A., Ryan, Thomas, Shallenherger, Sherwin, Smith, A. Herr, Smith, 
 William E., Starin, Stone, Thomas, Thompson, Wm. G., Townsend, Amos, Turner, Oscar, Tyler, 
 Updegraff, J. T.. Updegraff. Thomas, Vahntine, Van Aernam, Voorhis, Wait, Washburn, Wil- 
 liams, C. G., Willlts, Wood, Walter A., Yocum. Young, Thomas L.— 107. 
 
 Not Voting.— Acklen,. Aiken, Bailey, Barlow, Beale. Boyd, Brag^, Buckner, Caldwell, Caswell, 
 Chalmers, Chittenden. Clark, Alvah A., Clymer, Cox, Crapo, Crowley, Daggett, Davidson, Dick, 
 Dunn, Elam, Ewing, Felton, Forsythe, Gillette, Hall, Harmer, Haskell, Heilman, Hill, Horr, Hub- 
 bell, Jorgensen, Keifer, Kelley, Ketcham, Killinger, Lapham, Le Fevre, Loring, Lounsbery, Lowe, 
 McCook. McGowan, McLane, Miller, Mitchell, Mont y, Muller, O'Brien, Pound, Prescott, Price, 
 Richmond, Ross, Ryon, John W., Sapp, Singleton, J. W., Smith, Hezekiah B., Sparks, Stephens,. 
 Turner, Thomas, Umer, Van Voorhis, Ward, White, Whiteaker, Wilber, Wise— 70» 
 
THREE MONSTROUS GRIEVANCES. 231 
 
 GENERAL GARFIELD AGAIN CHANGES FRONT. 
 
 The same day the bill as amended passed the House. On April 18, the bill with 
 Senate amendments was reported to the House from the Committee of Appro- 
 priations, recommending concurrence in some and non-concurrence in other of 
 the Senate amendments. April 21 McMahon,- in charge of the bill, wanted the 
 bill considered with five minutes debate. The Republicans demanded one hour 
 and a half. They fillibustered to prevent a vote on Mr. McMahon's motion to 
 .imit debate to five minutes. April 23, bill came up again and an agreement was 
 reached allowing the Kepublicans one hour and the Democrats twenty minutes. 
 In this debate General Garfield again changed front and came to the support of 
 the amendment of the Committee of the Whole, which was practically his amend- 
 ment. He had voted against it March 20, thirty- three days before, but now he 
 thought it was almost altogether good. He said : 
 
 The theory of our government is that in the last civil resort we summon all men without dig- 
 tinciion of party to act as consen'ators of the peace. If the by-standers, without distinc.ion of 
 party, can be trusted to p.rform this important duty, surely we can trust such as the court on ita 
 highest responsibility shall appoint to aid in securing a fair election. It ought constantly to be 
 remembered that no one of these special deputy marshals has any power to put down a riot at the 
 polls, unless the marshal, under his handaud seal, in writing, shall specially empower such special 
 deputy to do that thing. And let it also be remembered that this amendment in no way interferes 
 with the power of the marshal to appoint as many general deputy marshals as maybe needed to 
 suppress disorder. 
 
 I hope I am not altogether a dreamer, forgetful of practical necessities, but I have never been 
 able to see why this measure cannot be executed fully, thoroughly, and justly, provided its lan- 
 guage makes it a part of the election law. My friend 1 rom Maine [Mr. Reed] has raised some doubt 
 on that point, and in so far as that doubt is justified, it is a fair argument against the clause. But 
 
 point, and in so far as that doubt is justified, it is a fair argument against the clause. But 
 ixid look beyond the mere word of the amendment to the objects of national good it may '^ 
 made to accomplish. Ictire but little for it as a mere settlement of a present party controversy. 
 
 we should look beyond the mere word of the amendment to the objects of national good it may be 
 ide to accomplish. Ictire but little for it as a mere settlement of a present party controversy. 
 No thoughtful man can fail to see great danger in a close and bitterly contested national elec- 
 
 tion. In common with my party associates I believe that these election Jaws are great and benefi- 
 cient safeguards to the f ai-r and free expression of the national will. Now, if the adoption of a 
 measure like this will harness the two great political parties to these election laws, by the bonds of 
 common consent and mutual co-operation for their enforcement, it will be a benefit that will far 
 outweigh any slight advantage that can be gained by retaining wholly within our party the appoint- 
 ment of a few officers to aid the supervisors. I believe this measure will not weaken but will 
 strengthen the authority of the election laws, and will remove from them the only reasonable 
 ground of complaint that the other side have made against them. 
 
 A committee of conference was appointed to which the bill went. The Senate 
 amendments were not political and they were insisted upon by the conference on 
 the part of that body. The conference disagreed. The House, April 27, insisted 
 upon its disagreement. The bill finally passed both Houses and went to the de 
 facto President, who, on May 5, returned it with his objectione. Plis veto was 
 based solely on the ground of opposition to legislation on appropriation bills. 
 
 GEN. GARFIELP'S AMENDMENT PASSED AS AN INDEPENDENT BILL. 
 
 . On June 11 the House passed as an independent measure — the amendment to the 
 Deficiency Bill, which Gen. Garfield, on April 23d, had declared he was so de- 
 decidedly in favor of. The bill hud passed the Senate, was reported from the 
 House Judiciary Committee, and was discussed at some length in the House, Mr. 
 Keifer, of Ohio, and Mr. Lupton, of New York, and other Republicans opposing 
 it. The bill was as follows : 
 
 Be it enacted by the Senate and Home of Representatives of the United States of Atnerica in Con- 
 gress assembled. That from and after the passage of this act the pay of all deputy marshals for ser- 
 vices in reference to any election shall be live dollars for each day of actual service, and no more. 
 
 Sec. 2. That all deputy marshals to serve in reference to any election shall be appointed by the 
 Circuit Court of the United States for the district in which such marshals are to perform their duties 
 in each year; and the judges of the several circuit courts of the United States are hereby authorized 
 to open their respective courts at any time lor that purpose, and in case the circuit courts shall not 
 be open for that purpose at least ten days prior to a registration, if there be one, or if no registra- 
 tion be required, then at least ten days before buch election, the judges of the District Courts of the 
 United States are hereby respectivsly authorized to cause their courts to be opened for the purpose 
 of appointing such deputy marshals, who shall be appointed by the eaid district courts; and the 
 omcers so appointed shall be in equal numbers from the different political parties and shall be well- 
 known citizens, of good moral character, and actual residents of the voting precincts in which their 
 duties are to be performed, and shall not be candidates for any office at such election; and all laws 
 and parts of laws inconsistent with this act are hereby repealed: Ftviided, that the marehals of the 
 
232 THREE MONSTROUS GRIEVANCES. . 
 
 United States for whom deputies shall be appointed by the court under this act shall not be liable 
 for any of the acts of such deputies. 
 
 Mr. Hayes vetoed this bill — the same measure substantially which Gen. Garfield 
 suggested, which he advocated but which he did not vote for. 
 
 A Deficiency Bill was passed, which was approved, providing for the payment 
 of marshals' fees and those of their general deputies, but prohibiting any of the 
 money so appropriated to be paid for services of special deputies. 
 
THE PACIFIC MAIL STEAL. 233 
 
 THE PACIFIC MAIL STEAL, 
 
 GARFIELD'S PART, AS SHOWN BY THE RECORD. 
 
 In the winter and spring of 1871-2, the Pacific Mail Steamship Company sent 
 Richard B. Irwin to Washington to buy through Congress a subsidy for an ad- 
 ditional monthly mail service between San Francisco, Japan and China. By an 
 act approved Feb. 17, 1865, Congress provided for a monthly mail service be- 
 tween San Francisco and some Chinese ports, including the port of Honolulu and 
 a port in Japan, to be performed by American steamships of not less than 3,000 
 tons burden each, of suflScient number to make twelve round trips per annum. 
 The project of the Pacific Mail Steamship Company in 1871-2 was to have Congress 
 provide for additional monthly service, or, in other words, double the mail service 
 between San Francisco, Japan and China, and double their subsidy. Irwin came 
 to Washington in January, 1872, took a large furnished house, employed a caterer, 
 a French cook, and a large retinue of servants, and began to feel the ground by giv- 
 ing a series of elaborate entertainments to members of Congress. Of course, the 
 first important object of this preliminary survey of the field of operations was to 
 establish friendly relations with the leading men of the Committee of Appropria- 
 tions of the House of Representatives. The two leading members of that com- 
 mittee were James A. Garfield, the chairman, and Aaron A. Sargent, who was 
 second on the committee. Sargent, coming from California, was naturally the 
 friend of the Pacific Mail and earnestly in favor of the largest possible subsidy 
 for the China mail service. He was, moreover, well known to Irwin, who for some 
 years previous had been in charge of the Pacific Mail interest at San Francisco. 
 Irwin had another old friend in Washington whose services in the undertaking 
 were very valuable. This was Donn Piatt. He was the particular friend of James 
 A. Garfield, and had for several years done a profitable business as a lobbyist, 
 through his influence with the Chairman of the Committee on Appropriations. 
 He was at that time in receipt of 5 per cent, of the gross amount of whatever ap- 
 propriations he could obtain for a worthless moth preventive and water-repellant 
 process owned by George A. Cowles & Co., of Philadelphia, and used, against the 
 wishes of the War Department, in treating soldiers' clothing and tents. Col. 
 Rifchard C. Parsons, of Cleveland, Ohio, then Marshal of the Supreme Court of 
 the United States, the same individual employed by Chittenden , the agent of 
 DeGolyer & McClellan, to reach Gen. Garfield, was an old acquaintance of Mr. 
 A. B. Stockwell, President of the Pacific Mail Steamship Company. Stockwell 
 employed Parsons to assist Irwin in Washington, and he was paid, first and last, 
 $13,500, of which $1,500 came through Irwin. 
 
 PROVIDING THE SINEWS OF WAR. 
 
 The ground having been felt by Irwin, and the preliminary arrangements 
 made, the serious operations began. The executive committee of the Board of 
 
234 THE PACIFIC MAIL STEAL. 
 
 Directors of the Pacific Mail Steamship Company held a meeting Feb. 14, 1873, 
 
 in New York, and passed the following resolution: 
 
 Resolved, that the President, in his discretion, is liereby authorized to employ counsel and incur 
 such other necessary expense as may be necessary in connection with the measures for additional 
 subsidy now pendinj:; before Congress. 
 
 On Feb. 21, 1872, this resolution passed by the executive committee was, at a 
 meeting of the board of directors, approved and ratified. 
 
 A. B. Stockwell, the President of the Pacific Mail Steamship Company, wrote 
 to R. B. Irwin as follows : 
 
 Office op Pacific Mail Steamship Compant, 
 New York, Feb. 13, 1872. 
 
 Dear Sir : I enclose checks to my order indorsed to your order for $250,000, $110,000 and $40,000, 
 which are placed in your hands to be used in payment of your services in case of the passage and 
 approval by the President of the bill or amendment providing for the increase of our China mail 
 service to semi-monthly trips, with a subsidy of $500,000 a year for ten years, said compensation 
 to be reduced pro rato in the event of a reduction of the amount appropriated as above. None of 
 these checks to be used by you, but all to be returned to me in the event of failure, excepting only 
 the last named ($40,000), all or any portion of which you may apply, if actually required, for your 
 necessary expenses and for counsel's fees. Very respectfully yours, 
 
 Richard B. Irwin, Esq. • A. B. STOCKWELL. 
 
 To which Irwin in substance replied that his understanding was that the contin- 
 gent amount was to be $500,000 and that at the proper time he would call upon 
 him for checks for the additional amount. Mr. Stockwell subsequently wrote as 
 follows to Irwin 
 
 Office op Pacific Mail Steamship Company, I 
 New York, May 4, 1872. ) 
 Dear Sir : Yours of the 3d to hand. We are much encouraged by the result yesterday, were it 
 not for the demands to-day. When we were defeated in the "House," you said to me there was 
 smne good to come of it ; that if we did get our bill itioofM cost less. I don't think it wise for the 
 company to give their check • in this matter. Notwithstanding, I now enclose the four checks for 
 $100,000 each, as you desire, but if they must be used, I would prefer my checks to be substituted 
 for these, but, as I say above, I send them because I want to do everything to insure success. Of 
 course, you will return me my checks for $250,000, previously sent you. 
 Mr. It. B. Irwin. Yours, very respectfully, A. B. STOCKWELL. 
 
 Mr. Irwin retained one of these $100,000 checks of the Pacific Mail Steamship 
 Company, together with the $40,000 check of Feb. 13, 1872, given by Mr. Stock- 
 well. On May 24, 1872, Mr. Irwin, in New York city, returned the personal 
 checks given by Stcckwell Feb. 13, and subsequently to the amount of about 
 $560,000, and received then or subsequently checks of the Pacific Mail Steamship 
 Company, payable to his order, for $750,000. The arrangements all made in 
 Washington, the sinews of war supplied, the business of buying the .required 
 legislation went forward, not without opposition, but successfully. Everything 
 at least seemed so favorable that the jobbers had determined to increase their 
 demands, and after getting through the Committee of Appropriations the item of 
 $500,000 a year, they determined to increase it in the House to $1,000,000 a year. 
 They were, however, defeated by the narrow margin of eigJit votes. The 
 increase was susbequently made in the Senate, and Gen. Garfield did his best to 
 have the House concur, but failed. The proceedings in the House summarized 
 from the Olobe will tell the story in detail. 
 
 HOW THE MONSTROUS STEAL WAS PUT THROUGH. 
 
 The Post Oflice Appropriation bill was reported to the House Jan. 18, 1872. 
 
 It did not contain an item appropriating $500,000 per annum for additional 
 
 monthly mail service between San Francisco, Japan and China for ten years. 
 
 Gen. Garfield, from the Committee of Appropriations, offered that item as an 
 
 amendment to the bill. On March 12, in advocating this amendment reported by 
 
 the Committee of Appropriations, he said : 
 
 Mr. Chairman : I do not doubt that the word subsidy is a hateful one to the American raind. 
 It is a word which brings to my mind ideas not altogether compatible with my sense of the dignity 
 and freedom wf our institutions. When the pending proposition was first suggested to the Committee 
 
THE PACIFIC MAIL STEAL. 235 
 
 an Appjvpriations, all the sentiments I had entertained and cherished on the general subject to which, 
 it relates inclined me to oppose it. But the subject being properly and legitimately before the com- 
 mittee, I was bound to consider it ; and after a careful study of the facts in the case I have reached 
 the conclusion that it is my duty to si^P2X>rt the amendment. I shall try in the few moments given 
 me to state some of the reasons which led me to that conclucion. In doing so I do not abandoa 
 my general sentiment of opposition to granting subsidies by the government, for generally they are 
 invidious and partial, and help one class of citizens at the expense of the rfst; but I believe there 
 are special and exceptional facts connected with the trade of the Pacific ocean which we cannot, in 
 view of the situation, safely neglect. 
 
 Let me say, Mr. Chairman, that all the great achievements of civilization from the remotest 
 period have been grouped round one of the great seas. The Mediterranean sea was the center 
 round which the great civilization of the ancient nations were grouped, and the great event which 
 murks the boundary between ancient and modern history was the passing from the Mediterranean 
 to the Atlantic ocean as a centre of commerce and art. When the current of European life turned 
 from Athens, and Rome, and Carthage, the coasts and islands of the Atlantic ocean became its new 
 center of activity. On the ocean the great forces^ of modern civilization have been playing for a 
 thousand years. 
 
 But I venture the prediction, Mr. Chairman, that in the near future the other great theater of 
 commercial activity, the third and last in the history of the world's work, will be the Pacific ocean; 
 and just now the whole current of public thought, the whole current of public and national ac- 
 tivity is turned towards that great sea, and the momentous question is, who shall be its master ? 
 
 We have never possessed, and can hardly hope to possess, the control of the Mediterranean sea; 
 and the sad events of the last twelve years have led me to fear that we have lost, perhaps irretriev- 
 ably lost, the control of the Atlantic ocean— the great historic sea of to-day. Our hope is in the 
 great historic sea of the future. If we lose that it will be a lasting disgrace to our statesmanship 
 and a measureless calamity to our people. We now occupy the largest and noblest portion of it» 
 western shores. Our islands in the northwest reach more than a thousand miles of the distance 
 from this continent to Asia. 
 
 ALL FOR THE PACIFIC MAIL STEAMSHIP COMPANY. 
 
 We have already established the only line of steamers that ply between the oldest of the em- 
 pires and the youngest of the great nations. Six hundred millions of human beings that live on 
 the western border of that sea are looking to us for commerce, for science, and the arts. We are 
 their nearest eastern neighbor, and they now ask our friendship, seek our shores, and offer to pour 
 their commerce in our lap. At this critical and interesting moment we are in danger of losing our 
 grasp upon the commerce of that great ocean. The other maritime nations are ready to snatch the 
 prize from our hands unless we at once secure it. The increased service provided by this amend- 
 ment will hold the trade in our hands, and put it on a basis where it will soon grow to independ- 
 ence, so that no further aid will be needed. 
 
 Never has there been a time in the history of any nation when such a prospect was opened, 
 when such a future was clearly attainable. For these reasons, I am ready to make an exception in 
 this case, and to do what I can to make the commerce of this great ocean our own, and to make 
 our country the teacher, the guide and friend of the great peoples of Eastern Asia. This measure 
 can be no precedent for the score of schemes now pressing for recognition, for it stands alone in 
 the greatness and importance of its consequences. {Cong. Globe, 2d sess., 42d Cong., part 2, p. 
 1630.) 
 
 TRYING TO MAKE THE STEAL $1,000,000. 
 
 On March 12th, Mr. Conger (Republican) of Michigan moved an amendment 
 increasing the subsidy for this service to $1,000,000 a 3'ear for ten years, which 
 would have made the subsidy to the Pacific Mail Steamship Company $1,500,000 
 a year. Gen. Garfield, in the Committee of the Whole, March 20, advocated this 
 amendment, but it was rejected. The same day the bill passed the House. The 
 vote was 101 to 30. The yeas and nays were not called. It went to the Senate, 
 where the subsidy was increased to $1,000,000 a year. The bill came back to the 
 House May 8th. It was referred to the Committee on Appropriations. Gen. 
 Garfield reported the bill back to the House May 21st, recommending concurrence 
 in the Senate amendments, including the one increasing the subsidy to the Pacific 
 Mail Steamship Company to $1,000,000. There was a hot debate on the motion 
 to concur. In the course of the debate Mr. Randall of Pennsylvania and other 
 members denounced the Committee on Appropriations for recommending concur- 
 rence in the Senate amendments. The following debate followed : 
 
 THE MEREST AND MEANEST SUBTERFUGE. 
 Mr. Garfield of Ohio : I do not intend to re-argue this question, but I wish to answer some of the 
 objections which have been raised this morning. In the first place, the gentleman from Pennsyl- 
 vania (Mr. Randall) says that the Committee on Appropriate ns ought not to have brought into this 
 House a proposition which had been rejected here. I answer him that we have not brought back 
 a rejected proposition, but one quite different in its ttrms and conditions from the proposition 
 which was acted on in the House. The difference is this : the House simply proposed to double 
 the service and double the pay. The proposition was defeated by a very small vote. It was a 
 proposition to give to the one company now doing the work double pay for double work. The 
 objection was raised by many gentlemen around me that it was giving it to a single company ^vlth- 
 out any competition or without opening the matter to the enterprise of the country. The propo- 
 
236 THE PACIFIC MAIL STEAL. 
 
 sition of the Senate is different. It offers an open bid in open market to the lowest bidder to 
 do the work, and thus takes the case entirely out of the range of a mere monopoly, giving it to one 
 special company. 
 
 A VERY PERTINENT QUESTION. 
 
 Mr. Ambler : Will my colleague yield to me for a question ? 
 Mr. Garfield : Certainly. 
 
 Mr. Ambler : I would inquire of my colleague whether it is possible that within sixty days 
 another company can be organized to compete with this company ? 
 
 A WILLFUL FALSEHOOD. 
 
 Mr. Garfield : I suppose it could. 
 
 Mr. McCormick of Missouri : I understand this is to be open to competition. 
 
 Mr. Garfield : It is ; all parties are free to sail in. In the second place, a very considerable re- 
 striction is to be placed upon whatever company takes the service ; they must build their ships so 
 that the Secretary of the Navy may be satisfied that they will be fitted for naval service in time of 
 war. They must be built to be approved by him. 
 
 A SHOT BELOW THE WATER LINE. 
 
 Mr. Randall : The gentleman knows very well ihat there will he only one bidder for this service. 
 
 Mr. Garfield : If this is done, an additional line must be kept up between Panama and New 
 York. That will be an additional service, more than was provided for by the proposition of the 
 House. I answer the gentleman from Pennsylvania (Mr. Randall) by saying that this is another 
 and different ])roposition, one far more favorable to the United States and tTie interests of com- 
 merce than the proposition which failed here in the House by only two votes. 
 
 Mr. Randall : BY EIGHT VOTES. 
 
 Mr. Garfield : And the Committee on Appropriations felt bound to give the House an opportu- 
 nity to act upon this proposition of the Senate, after pointing out the differences between the 
 two propositions. 
 
 MORE SUBTERFUGE. 
 
 My colleague (Mr. Stevenson) asked a (luestion intended to raise another objection to this 
 proposition. He said : Would you be willing to subsidize a line of steamers on the Mississippi 
 river ? Let me tell my colleague what we have done for the Mississippi river within the last few 
 days. Under the laws hitherto passed by Congress in relation to the coasting and internal trade of 
 this country, M'e have an absolute monopoly, unrivalled by any foreign keel along our coasr, and 
 upon our navigable rivers. No foreign keel under a foreign flag can float at all ujjon those waters 
 in competition with our commercial marine. And to make it still stronger for our interests, during 
 the last week this House, under the lead of the gentleman from Indiana (Mr. Holman), made abso- 
 lutely free of dutj^ all material that enters into the construction of river steamers on all the navi- 
 gable waters of this country. 
 
 MAKING USE OF IRWIN'S STATISTICS. 
 
 Now, one other fact, and I Avill leave this subject. The latest reports show these facts : the 
 merchandise exported from San Francisco to Japan, from January 1 to April 30, 1870, was $411,000. 
 For the corresponding period of this year, ending with the month of April just past, it was |780,000; 
 almost doubled in one year. 
 
 Mr. Morgan : If this commerce is increasing at this rapid rate, why the necessity of a subsidy 
 to support this line ? 
 
 Mr. Garfield : I thank my colleague (Mr. Morgan) for that word, for otherwise I should have 
 forgotten one thing I desire to state. Within the last week the London Times comes to us, inform- 
 ing us that a British company is ready, the moment they can set their competing line on the 
 waters of the Pacific, and to establish a trade there, and to put on a large number of steamers be- 
 tween Japan and San Francisco. And unless we seize the occasion just ready to be shut up so 
 that we will not be able to seize it at all, the work will be in the hands of England, and not in our 
 own. 
 
 MR. RANDALL POURS IN HOT SHOT. 
 
 Mr. Randall: Mr. Speaker, I charge that this amendment is a miserable siibterfuge. The result 
 of the original House 2}roposition and of this amendment of the Senate, will be the same. It is a mere 
 equivocation of language unworthy of Congress and of the gentlemen wfw advocate it. I charge 
 more: that this line, having already received an enormous bounty from the government, and being 
 already in a pro -porous condition, has no right to come here and ask for $500,000 more a year, mak- 
 ing in all $1,000,000, when the mail service proposed is in no measure required by the commerce of 
 the country. I say more, that agencies disgraceful to Congress have been employed by people outside 
 of this hall, and by members in it, in favor of this line. 
 
 MR. RANDALL INDICATES THE DISGRACEFUL AGENCIES. 
 
 Mr. Sargeant: State what they are. 
 
 Mr. Randall: Undue advocacy of it, in season and out of season. 
 
 Mr. Sargeant: What efforts does the gentleman refer to ? I want to understand him distinctly. 
 Mr. Randall r Efforts of people outside of this hall and in it, who I believe are interested- 
 Mr. Sargeant: Doing what ? 
 Mr. Morgan: A hired lobby, working to carry the measure through. 
 
 MR. RANDALL OFFERS THE PROOF. 
 
 Mr. Randall : I say, and will stand by it, and if you propose a committee of investigation I will 
 undertake to i)rove it 
 
 Mr. Sargeant: All right. 
 
 Mr. Morgan: I am ready to back it. The thing will not bear investigation. 
 
THE PACIFIC MAIL STEAL. 237 
 
 Mr. Sargeant: Allow me to ask what is the specific thing charged. When we ascertain that it 
 will be time to investigate. ^, ^ ^ ^rir. ^■ ,. u 
 
 Mr Randall: I eay, sir, that undue mfluences— I will go further and say that what I believe to be 
 wicked influences— have been used to induce Congress to unnecessarily, unwarrantably and unjus- 
 tiflcably increase this appropriation. I say this, knowing the language I use and comprehending 
 its full purport. {Conr/. Globe, 2d sess. 42(1 Cong, part 5, p.SQ7S.) ^ , ., . ^^ , 
 
 Mr Holman of Indiana: I move to amend tv^e Senate amendment by striking out the clause 
 providing for an additional monthly mail, and to insert the following: "■ For the conveyance of a 
 monthly mail on said route at a compensation not to exceed $500,000 a year." 
 
 The yeas and nays were called on this proposition. Gen. Garfield voted 
 no! The amendment was rejected. (Ibid, p. 3679.) 
 
 The amendment of the Senate was rejected. Gen. Garfield voted for it. 
 (Ibid, p. 3680.) This occurred May 27. 
 
 A new committee of conference was asked of the Senate. The House ap- 
 pointed its conferees. The Senate receded. The report of this second confer- 
 ence the Senate amendment receded from was adopted May 27. The bill was 
 approved June 3, 1872. 
 
 The Senate also put on an amendment providing for a subsidy to a mail steam- 
 ship line to Brazil. Gen. Garfield voted for this subsidy amendment also, but the 
 House rejected it and the Senate had to yield. 
 
 what MR. RANDALL DID. 
 
 Mr. Randall was always ready to prove the truth of his charges made as above 
 
 quoted, but no opportunity was given him. Finally, in another investigation, 
 
 LeGrand Lockwood, of New York (whose evidence convicted Charles Sherman, 
 
 a United States district judge — a brother of John Sherman — of corrupt practices 
 
 before Congress, and who resigned to escape impeachment), testified that a large 
 
 sum of money had been used to secure the passage of the Pacific Mail subsidy. 
 
 Then, in the midst of the Credit Mobelier excitement in the House, when the 
 
 Republican majority was terribly demoralized, Mr. Randall offered the following 
 
 resolution, which was passed February 20, 1873: 
 
 Whereas, In the testimony taken before the Ways and Means Committee of this House, in 
 reference to certain matters committed to said committee for investigation, it has been sworn by 
 LeGrand Lockwood, of New York city, that a large sum of money was used to secure the pas- 
 sage through Congress of an increased annual appropriation to the Pacific Mail Steamship Com- 
 . pany, in the matter of a subsidy for the transportation of mails and other purposes; therefore. 
 
 Resolved, That said Committee on Ways and Means are hereby authorized and directed to make 
 full inquiry into the truth or falsity of said sworn statement, and to this end the said committee 
 is hereby authorized and directed, to send for persons and papers, and generally to exercise such 
 powers and discretion as will be necessary thereto. 
 
 A FARCICAL INVESTIGATION. 
 
 The Committee of Ways and Means pretended to make the investigation it was 
 directed to make by the above-quoted resolution. It was a farce. They called 
 four witnesses, three of whom testified to the rumors they had heard, one of 
 them to his conviction that money was used by the Pacific Mail Steamship Com- 
 pany, and to being approached by a member of Congress on the subject of 
 money in connection with the Brazilian Steamship line. These three witnesses 
 all indicated that R. B. Irwin was the man the committee wanted, if it wanted 
 to know anything. But the committee made no effort to find Mr. Irwin, who 
 was then at his residence in San Francisco. Not one of the officers of the Pacific 
 Mail Steamship Company were called. Their books and papers showed the pay- 
 ments of the large sums of money heretofore given. The Republican members 
 of the committee attempted to excuse themselves for their failure to prosecute 
 the inquiry, by making to the House false statements about their efforts to find 
 Mr. Irwin. They turned the evidence of the four witnesses examined by them 
 over to the House, and asked that it be sealed up and retained by the clerk. They 
 would not even allow it to be printed. They fondly hoped this would be the 
 last of it. The Forty-second Congress would expire in a few days. 
 
^38 THE PACIFIC MAIL STEAL. 
 
 The Forty- third Congress assembled on the first Monday of December, 1873. 
 James G. Blaine was elected speaker. He reappointed the same gentlemen, in- 
 cluding those who had been smirched by the Credit Mobelier investigation of the 
 previous Congress, chairmen of the same important committees. Mr. Dawes 
 was continued Chairman of the Ways and Means. The same Republicans who 
 had been members of the committee and re-elected to the Forty-third Congress 
 "were put back on the committee. But not one of them proposed to revive the 
 Pacific Mail investigation. A whole year elapsed and no investigation was 
 made. The first session of the Forty-third Congress expired, and still no further 
 inquiry. 
 
 The last Republican House was, however, not to escape that responsibility. 
 Hichard B. Irwin was in New York and in the service of Jay Gould. He desired, 
 ior stock jobbing purposes, to have this investigation revived. Irwin began to 
 furnish Jay Gould's newspaper, the New York Tribune, with some very interest- 
 ing reading matter. His first letter was published December 10, with an edito- 
 rial which was as follows: 
 
 A HALF MILLION STEAL. 
 
 The first of the jobs makes its appearance at the capital early, and, we regret to say, in one of 
 *Gen. Garfield's surprisingly prompt appropriation bills. We beg the General to relieve himself and 
 Lis committee from the responsibility for it at once. * * * a correspondent thor- 
 
 oughly well informed traces in detail, in another column, the various steps of the robbery. Let us 
 here reproduce the outline. 
 
 The Pacilic Mail was in the enjoyment of a subsidy of $500,000 per annum. Mr. Stockwell, one 
 of its numiTous retirin<» presidents, succeeded in getting a law authorizing $500,000, on condition 
 that enough new first-class iron steamers should be placed on the line to do the mail service by the 
 first of October, 1873. The company failed to get them on by that time, has not yet got them on, 
 and has only two of them, the Tokio and City of Peking, even built. The Postmaster-General re- 
 ported this failure to Congress in December, 1873. Congress thereupon made no appropHation for 
 the subsidy, and the bill itself only escaped repeal because of the view, generally expressed, that 
 the company's failure to comply with its terms made it null. Congress being out of the way, At- 
 torney-Gen. Williams was appealed to for one of his opinions. He conveniently decided that 
 the failure of a year or two, more or less, made no difference. Postmaster-General Jewell, new to 
 the duties of his office and easily imposed upon in matters of routine, has been induced to estimate 
 for the extra $500,000 subsidy, as if it had been earned, and Gen. Garfield has promptly reported it 
 to Congress in the Postal Appropriation Bill. 
 
 We call upon every friend of honesty in the public service to watch this job and to resist it from 
 the outset. We are unwilling to believe that either Governor Jewell or Gen. Garfield could have 
 been aware of its nature, but after this exposure there can be no decent pretext for continuing the 
 -claim. 
 
 WHAT GARFIELD DIDN'T AND WHAT HE DID DO. 
 
 Of course, after this direct impeachment of his motives — made with full knowl- 
 'edge of his connection with the passage of the subsidy bill in June, 1872 — his re- 
 markable conversion from an anti-subsidy to a pro-subsidy Congressman — Gen. 
 Crarfield at once demanded an investigation. Not by any means. He did not even 
 propose that that old inquiry, began away back in February, 1873, should be re- 
 vived ! What did he do ? 
 
 On December 11, 1874, Gen. Garfield had the editorial article from the Tribv.ne 
 read by the clerk of the House and made a personal explanation ! In this personal 
 explanation he threw the responsibility for the appearance of the $500,000 subsidy 
 Item in the Post OflSce Appropriation Bill upon a sub-committee of his committee, 
 which had been at work during the recess preparing the bills. He deplored the 
 fact that a great journal made such a serious charge so recklessly, and said it only 
 showed the facility with which and on what slight grounds men in public life are 
 charged with unworthy motives and dishonorable conduct. Then he sat down. 
 He asked for no investigation. None of his colleagues did. But Mr. Irwin 
 obeyed Jay Gould's instructions, and his paper, the New York Tribune, continued 
 to let scraps of information about the purchase of the subsidy legislation in 1872 
 find their way, apparently mysteriously, into its columns. 
 
 FORCED TO INVESTIGATE. 
 
 The fire grew so hot that something had to be done, and the Committee on 
 
THE PACIFIC MAIL STEAL. 239 
 
 Ways and Means began its long-deferred inquiry. They struck bare rock the 
 first day. Two directors of the Pacific Mail Steamship Company were examined, 
 and they told what the books of the company showed— the expenditure of $750,- 
 000 of the company's money by Mr. Irwin. Then the committee went through 
 the farce of asking the House to order Irwin's arrest on the theory that he was a 
 witness in contempt, when the truth was he had never been subpoenaed. This is 
 the neat way Mr. Irwin went for the committee when brought before it : 
 
 Before the committee put any questions, I should like to make a preliminary statement, in order 
 to purge myself of the allesed contempt. There seems to be two grounds for my arrest by the 
 committee— two grounds which formed, in the minds of the committee, the basis for the alleged 
 contempt. The first was, that they had once summoned me during a prior session of Congress, and 
 had looked for me and could not find me. Now the first information that I received that I had ever 
 been summoned was from reading Mr. Dawes' speech in the House the day after it was made. 
 Until I read that I never knew that I had been summoned at all. 
 
 The Chairman (Mr. Dawes): Well, it was not literally true that you had been summoned, but 
 we had tried to find you. [ What a humiliating confession I] 
 
 Mr. Irwin: I was at my residence in San Francisco from the 4th of June, 1872, until the 4th of 
 September, 1873. [The Ways and Means Committee was supposed to be looking for him in Febru- 
 ary^ 1873.] I have lived in San Francisco since 1869, and have had no other place of residence. I 
 was there from June, 1872, until September, 1873. I merely state that to show that by remaining 
 at my place of residence I could not have been attempting to evade the process of the committee. 
 
 * * * Then the second ground upon which the committee was induced to believe 
 <what I could not very easily be induced to believe) that I was attempting to evade the process of 
 the committee was the assertion of Mr. Sage that he had liad me arrested, which assertion I may 
 just as weir say here w^as not true. * * * I never was arrested bv anybody 
 until I was arrested by the sergeant-at-arms, under the warrant of the House, and my impression 
 is that I never shall be arrested by anybody again. * * * j arrived in New 
 York on Monday, November 30, 1874, and went directly to the Hoffman House, where I 
 always stay in New York. My name was registered there and appeared in all the news- 
 papers. I then went to my father-in-law's place at Englewood, New Jersey, leaving my 
 address at the Hoffman House, and remained there until the following Friday morning. The fol- 
 lowing Friday morning I again came down to New York, and went to tlie Hoffman House again, 
 and my name being again registered it appeared a second time in the newspapers very publicly. 
 For instance, one of them had it in this way: " Speaker J. G. Blaine and R. B. Irwin of San Fran- 
 cisco are at the Hoffman House." I merely mention that my name was announced in this way to 
 8how how public it was. Mr. Whitelaw Reid, the editor of the Tribune, and Mr. L J.Jennings, the 
 editor of the Times, were personally aware of my address during almost the whole of this period. 
 Everybody else in New York that knew me, or had any occasion to see me, knew where I was. 
 
 * * * Now I think I have said enough to satisfy ihe committee that I have made 
 no intentional attempt to evade its summons. 
 
 THE RESULT OF THE INVESTIGATION. 
 
 The investigation went on in a sort of way, and the committee found out a 
 good deal more than it wanted to find, but not nearly so much as the public 
 wanted and expected to have found out. 
 
 All the committee practically did find was that Mr. Irwin got $890,000 from 
 the Pacific Mail Steamship Company, and that he disposed of it as follows : 
 
 Total paid to different individuals $703,100 
 
 Incidental expenses, clerks. House expenses, etc 186,900 
 
 W. S. King, Postmaster House of Representatives, was examined at the far- 
 cical investigation by the "Ways and Means Committee, in the Forty-second Con- 
 gress, and swore he never received a dollar or knew of anybody who did. He 
 was not found by the committee of the Forty-third Congress. John G. Shumaker, 
 member of the Forty-second Congress, would not account for the money he 
 received. 
 
 In addition to the money disbursed, A. B. Stockwell paid Col. Richard Par- 
 sons $12,000 as fees and expenses. There was some evidence, and more might 
 have been found if it had been looked for, showing that Parsons disbursed a 
 great deal of money for Stockwell, independent of Irwin. Whitelaw Reid testi- 
 fied that Irwin told him Parsons distributed about $300,000. Everybody who 
 knows anything of Irwin, or of the manner of doing business at Washington, 
 knows that the vast amount of money he disbursed was not for those who appear 
 to have received it, save in a few instances. At least $600,000 of the $890,000 
 Irwin disbursed went to members of Congress, and, in addition, probably $200,000 
 was put there also by Parsons. 
 
240 THE MOTH SWINDLE. 
 
 THE MOTH SWINDLE. 
 
 A NICE THING FOR GARFIELD' S FRIENDS. 
 
 Gen. Garfield, as Chairman of the Committee of Appropriations, was always 
 superserviceable to those in authority or to his friends, in advocating any and all 
 questionable jobs which they recommended or advocated. Of course, he was not 
 always dishonest in the advocacy of such measures. He may have been imposed 
 upon sometimes. The men who used him were greedy creatures, and not disposed 
 to divide, unless they could not succeed in any other way. It has been proved 
 beyond doubt that in the core of the District of Columbia Ring Gen. Garfield was 
 rewarded for his services to the men who so shamelessly plundered the govern- 
 ment of the United States and the people of the District ; that his zeal in that 
 service became conspicuous after he was retained for DeGolyer & McClellan, 
 and by a word spoken at a casual meeting between himself and Boss Shepherd, 
 obtained for his clients a contract worth $700,000. The discovery of his con- 
 nection with that fraud was purely accidental. Had not one of the parties inter- 
 ested, by purchase after the transaction, had a motive for disclosing the knowl- 
 edge he acquired, as part of his purchase, in all human probability the discredit- 
 able disclosure would never have been made. 
 
 One of the worst swindles he assisted in practicing upon the government was 
 Cowles & Brega's Moth Preventative and Water Repellant Process, for which, dur- 
 ing four years $450,000 was paid. According to the account of Don Piatt, 
 who claimed to be chiefly responsible for this fraud, one George W. Brega, in the 
 spring of 1871, was in Washington lobbying in the interest of a reciprocity treaty 
 with Canada and the St. Croix land grant railroad job, proposed to get a contract 
 with the war department for one George A. Cowles of Philadelphia, to treat army 
 clothing, blankets, tents and material for the same with a patent process which 
 would prevent moths from cutting the same and make canvass for tents water- 
 proof. Piatt said that Brega was a very disagreeable sort of a. fellow in many 
 respects, but enthusiastic, persistent and loquacious. He had made no progress 
 whatever with either the Quartermaster-General or the Secretary of War. After 
 relcutantly looking into the matter, Piatt said he was satisfied it was a good thing, 
 and he undertook to remove the objections of the obstructing officials. Cowles had 
 been making tests and getting certificates as to the efficacy of his process, and 
 Piatt swears " my appeal in his behalf on that ground obtained a contract " The 
 first contract was for $20,000. The next year, 1872-3, there was an appropria- 
 tion in the deficiency bill for $50,000, with an addition of $150,000 in the Army 
 Bill. For the following year, 1873-4, there was, without any recommendation 
 of the Quartermaster-General, appropriated "for preservation of clothing and 
 equipage from moth and mildew, $200,000, which shall be available immedi- 
 i^tely." " Shall be available immediately" meant that Cowles & Co. need not wait 
 
THE MOTH SWINDLE. 241 
 
 till the beginning of the fiscal year, but could draw the money forthwith. The 
 last appropriation was made for the fiscal year 1874-5, and was for $30,000. 
 
 In 1872 Captain C. A. Alligood, the Quartermaster in charge of Schuylkill 
 Arsenal, an honest and upright man, an honorable and efficient officer, examined 
 carefully the cloth and clothing stored there, and found that the process was 
 worthless so far as protection against moths was concerned. He was led to naake 
 this examination by discovering accidentally that moths were cutting cloth wMcIa 
 had been treated by Cowles & Co.'s process. Thereupon he had the entire stock 
 of goods and clothing at that depot overhauled, and found that the moths, 
 worked as freely upon the treated stock as upon that not treated. He reported! 
 these facts to the Quartermaster-General October 16, 1872. All the interested! 
 parties were at once informed of this report, and forthwith there was a gathering;, 
 in Washington. There was a board of some kind fixed up and a pretended ex- 
 amination made. Alligood was ready to substantiate by irrefragible evidence the 
 facts stated in his report, but no opportunity was given him. He was forthwith 
 ordered away from the Schuylkill Arsenal against the protest of Simon Cameron,, 
 and sent South where he would not be troublesome to the so-called moth de- 
 stroyers. All this was not kept entirely from the public. Some of the facts . 
 leaked out and found their way to the press. There was a good deal said about 
 this particular swindle, and at the succeeding session of Congress the job did not 
 get through without opposition. The correspondent of the Cincinnati Com- 
 mercial denounced it as a job ; spoke of Don Piatt's connection with it, and in- 
 timated very plainly that Garfield's zeal in behalf of the job was not altogether: 
 disinterested. He said : 
 
 AN INDEPENDENT VIEW OP THE BUSINESS. 
 A thrifty firm, sailing under ttie name of Cowles & Brega, liave for some time past had a coir- 
 tract with the government to apply a process, which they own, to the preserving of army clothing, . 
 cloth, etc., from moths. Ttie process does not preserve cloth from moths. It never did. Some two • 
 or three years ago, when it was first decided to try it, Congress appropriated some fifty thousand, 
 dollars for the purpose, and in the succeeding year, one hundred and fifty thousand dollars. Not- 
 withstanding the fact that the process is a failure, and so recognized by all who have impartially 
 examined into its workings, the Quartermaster-General and the Secretary of War have by some- 
 means steadily indorsed it and its appropriations. This last year the firm came to Congress,, 
 asking an appropriation in the army bill of $300,000 for the use of their process during the coming- 
 year. Of course, they went before Garfield's committee. Don Piatt is a member of the firm of 
 Cowles & Brega, a silent partner. Heretofore, this appropriation has gone through the committee 
 unquestioned, which might, to a wicked man, seem to be a singular thing. This j'^ear, however, 
 some of the facts in regard to the worthlessness of the process having come to the knowledge of 
 members of Congress, word was sent to the committee, and Cowles and Brega were compelfed to. 
 appear, and show cause why the appropriation should be made. Piatt was on hand, but quietly 
 and modestly, making no speeches nor argument, but pulling such things as he could lay hi* Bands-, 
 on unostentatiously. After a short discussion, a hurried and incomplete investigation, in which-. 
 Cowles and Brega alone had a chance to be lieard, the committee decided—" to throw out the: 
 item and end the ewindle"— by no means, my friends! They decided to reduce the item one-third.. 
 and instead of giving the concern $300,000, as was asked, they gave $200,000. Of course, ^ae>.. 
 Piatt, who is virtuous, had no motive for keeping on the right side of the chairman of the commit- 
 tee, who was to pass upon the merits of his firm's contracts. No more had Garfield, tboii^k 
 rather needing newspapers friends, any motive other than the best in the world for passing favosa- 
 bly upon such a contract when he knew it was very doubtful in its nature. No I Such things may 
 not be, and overcome us like a summer's cloud. 
 
 WHO CALLED A HALT AND WHY? 
 
 This so-called moth-preventing and water-repelling business went along swim- 
 ingly until one day Don Piatt found out that he wasn't getting what he consid- 
 ered was his fair share of the stealings. The firm of Fant, Washington & Co., 
 bankers, Washington, D. C, drew the money for Cowles & Brega, placed Piatt's 
 share to his credit on their books and remitted the balance to Cowjes & Co., as; 
 per their orders. Piatt appears to have had a good deal of this sort of thing to 
 attend to, besides running a Sunday newspaper, and paid no attention to his divi- 
 dends other than to check against his account at Fant, Washington & Co's. 
 He supposed he was drawing about $10,000 a year from the business, and thought 
 
242 THE MOTH SWINDLE. 
 
 'that was about all lie was entitled to. One day, however, in conversation with 
 Mr. Fant he learned, very much to his surprise, that he was entitled, as he be- 
 lieved, to a good deal more. He was getting 10 per cent, of Cowles & Brega's 
 individual shares, which was 5 or 6 per cent, of the gross appropriations, but he 
 swore he was entitled to 15 per cent, of the whole amount. He demanded that 
 ^ of Cowles, who wouldn't come down, whereupon Piatt did two things. He wrote 
 immediately to Gen. Garfield, telling him to telegraph to Belknap, Secretary of 
 War, and he went to Belknap and told him the whole business was a beastly cor- 
 rupt business, and Cowles & Co. must not have another dollar. Of course, Piatt 
 was virtuous. ' He asserted that Cowles told him that there was a thing or two 
 about the business which he would not impart to another human being except 
 Brega, and, therefore, he could not render Piatt an account of their profits. This 
 was in August, 1874, and there were only $30,000 to be drawn that year by Cowles 
 i& Co. The job was petering out. It was not likely that the swindle could be 
 successful another year. The Credit Mobilier exposure had made Congressmen a 
 little merry, and the correspondents at Washington were firing a round shot every 
 once and a while at the moth fraud. It was rather a cheap way, therefore, of 
 being virtuous — going to the secretary and warning him not to pay Cowles & Co. 
 >any more money. 
 
 GARFIELD'S COERESPONDENCE WITH BELKNAP. 
 
 Belknap notified Cowles & Co of the charges preferred against them, and tem- 
 porarily suspended their operations. Gen. Garfield, by Piatt's instructions, im- 
 mediately telegraphed Belknap as follows .: 
 
 Little Mountain, Ohio, Aug. 7th, 1874. 
 
 Hon. W. W. Belknap, Secretary of War : 
 
 I hope you will stand firmly by your order, suspending further work by Uowles & Brega. 
 
 J. A. GARFIELD. 
 
 To which Belknap replied: 
 
 War Department, Washington, D. C, Aug. 8th, 1874. 
 Hon. J. A. Garfield, Little Mountain, Ohio : 
 
 On an intimation from one of the parties supposed to be interested in the process that there was 
 a fraud therein, I ordered that no more payments should be made at present. Verbal notice of ap- 
 peal for reconsideration of that decision has been given me. If you desire me to stand by that 
 decision, please give me such facts as will enable me to do so. H. W. BELKNAP, 
 
 Secretary of War. 
 
 Gen. Garfield, on August 24th, wrote the following letter to Belknap: 
 
 Littlk Mountain, Ohio, Aug. 24th, 1880. 
 ZDear Sir : I owe you an apology for so long neglecting to answer ^our request of the 8th in- 
 stant, in reference to subject matter of my telegram of that date. 
 
 The ground on which I recommend you to stand firmly by your order suspending work of 
 Cowles & Brega was this: I heard that tliese men alleged that they paid money to procure the ap- 
 propriation for treating army clothing by their process. If their statement be true they ought not 
 to be paid a dollar out of the treasury for any purpose. If it be false, they are slanderers of the 
 government, and ought not to receive any of its favors. I don't believe that they paid anything 
 xor any such purpose. If they had not said so, I would withdraw my telej'ram; but if they have 
 Tsaid so, I am in favor of making them prove what they have said. This is all I know on the subject. 
 If you have any further intelligence on the subject, I shall be very glad to know it. 
 
 Very truly yours, J. A. GARFIELD. 
 
 Hon. W. W. Belknap, Secretary of War. 
 
 War Department, Sept. 8th, 1874. 
 
 Bear General: 1 have the honor to acknowledge the receipt of your letter of Aug. 24th, rela- 
 tive to the Cowles & Brega preserving process, in which you state that you heard that these men 
 alleged that they paid money to procure an appropriation for the preserving of army clothing 
 by their process. 
 
 Since that letter was received I have examined into this matter, and Messrs. Cowles & Brega 
 have filed an affidavit denying that they have made any such statement. I therefore revoked my 
 former order,*.and substituted the following in its stead: " Respectfully returned to the Quarter- 
 master-General. The order of the 20th of July, directing ' that no more money be paid from old 
 or new appropriations on account of what is known as the Cowles process for preservation of 
 cloth, &c., until further orders, is hereby revoked, and the Quartermaster-General is directed to 
 select three officers of his department to comprise a board for the purpose of inspecting all the 
 materials at the Schuylkill Arsenal which have been treated by the process above named; report to 
 be made as to the condition of such materials, and whether the benefits claimed for this process 
 have been fulllUed with respect thereto. Iso further payments to be made or work done in the va- 
 
THE MOTH SWINDLE. 243 
 
 rioas preserving processes till the results of the report of the board are made known. These 
 papers to be returned as soon as practicable." Yours truly, 
 
 W. W. BELKNAP, Secretary of War. 
 Gkn. Jambs A. Garfield, Little Mountain, Ohio. 
 
 Don Piatt swore that he did not tell Gen. Garfield that Cowles & Brega told 
 him " that money had been expended to procure appropriations." 
 
 Q. You stated to Gen. Garfield just what Mr. Cowles had told you ? A. I think so. 
 
 Cowles & Co., in their affidavit that Belknap mentions in his letter to Gen. Gar- 
 field, say that Don Piatt made his demand " for money beyond what he had re- 
 ceived," June 28, 1874. Of Gen. Garfield's telegram they say : 
 
 " As to Gen. Garfield's telegram, it contains no evidence whatever, and we can 
 prove that on the 16tli or 17th of July last Mr. Cowles heard that Mr. Don Piatt 
 stated he (Piatt) had telegraphed to Gen. Gai-field to telegraph the Secretary of 
 War to suspend our work. Gen Garfield's telegram is dated the 7th of August. 
 It is evident that Gen. Garfield acted under the misrepresentations of Mr. Don 
 Piatt." 
 
 Capt. C. A. Alligood, when on his way South, where he was ordered after his 
 removal from the Schuylkill Arsenal, stopped in Washington and called upon Don 
 Piatt, and told him all the particulars of his removal and the real character of the 
 frauds practiced by Cowles & Brega, and the utter worthlessness of their process. 
 This circumstance Don Piatt admits in his evidence before the Clymer commit- 
 tee, but he suppressed the important facts Capt. Alligood told him. This was in 
 the Summer of 1872. Mr. Piatt did not call upon the Secretary of War then and 
 denounce Cowles & Brega, and have justice done to a worthy officer, who was 
 being persecuted for his fidelity to the interest of his government. 
 
 THE PROFITS AND WHERE THEY WENT. 
 
 Mr. H. G. Fant, of the firm of Fant, Washington & Co., the bankers, and 
 Cowles & Co., produced their account to show the money they had received from 
 the government through his house. 
 
 Amount collected by Fant, Washington cfc Co., agents of G. A. Cowles & Co., between February 
 or March, 1872, to July or August, 1874. 
 From the Army, Navy and Ordinance Department, $403,875.00, distributed as follows: 
 
 G. A. Cowles & Co., manager, expense account $41,374.18 
 
 G. A. Cowles & Co., army account 63,525.10 
 
 G. A. Cowles & Co., individual account 92,570.99 
 
 George W. Breea, individual account. 92,570.99 
 
 L. H. Bacon, of Hartford, Conn 57,934.26 
 
 Victor Vicrow, of Philadelphia 28,967.13 
 
 Donn Piatt 22,934.35 
 
 Commissions to Fant, Washington & Co., per cent 3,998.00 
 
 Making the total amount received from the government $403,875.00 
 
 According to this distribution of the proceeds of this robbery of the government 
 the profits were, allowing the army account to be really legitimate expense, $29S,- 
 975,72. If the army account was illegitimate, as would appear by the face of 
 Fant, Washington & Co.'s books the profits were $362,500.82. 
 
 Mr. Fant could give no explanation of this account. It was their duty as agents 
 to simply collect the money and forward it in checks on New York, and charge 
 them to different items, as per the direction of Cowles & Co. The committee did 
 not seek to unravel this mystery beyond the inquiries put to Fant. The object 
 of this investigation was to ascertain whether or not $39,040.17 was illegally paid 
 to George A. Cowles & Co. by the order of Rufus Ingalls, then Quartermaster- 
 General. They reached the conclusion that it had been, upon an opinion of 
 Attorney-General Pierrepont, who therefore divided the responsibility of the vio- 
 lation of law with the Quartermaster-General and Secretary of War. 
 
244 GENERAL GARFIELD AND THE LABORING MEN, 
 
 GEN. GAEFIELD & THE LABORmG MEN. 
 
 A great parade has been made in all the political biographies of Gen. Garfield 
 of the fact that he was born in humble circumstances and that in his youth he 
 drove mules on the tow path of a canal. But his record as a friend of the class 
 with whom he associated in his youth is not refeiTed to by his biographers. 
 They deal in glittering generalities. They know his acts are not in accordance 
 with their encomiums. In his exalted station he has become the friend, the 
 champion, the beneficiary of every monster corporation like the Credit Mobilier 
 of America, which stole $50,000,000 from the People's Treasury in building the 
 Union Pacific Railroad ; like the Six Chinese Companies of San Francisco, that 
 fattens at the expense of Free American Labor ; like the Cobden Free Trade 
 League of England, of which he is an honorary member. 
 
 In the Forty-third Congress, when Mr. Garfield was Chairman of the Commit- 
 tee on Appropriations of the House of Representatives, he brought in the Sundry 
 Civil Bill with a clause cutting down the wages, of the printers who work in the 
 Government Printing OflSce. Gen. Hawley, of Connecticut, moved to strike out 
 this clause, reducing the compensation of skilled mechanics. Gen. Garfield 
 insisted that the printers in the government employ were overpaid — that they 
 received more and better pay than they were entitled to. At the close of the next 
 session of Congress he engineered through an amendment to the Legislative, 
 Executive and Judicial Appropriation Bill which not only increased his own pay, 
 but extended it back to the beginning of the Congress. In the discussion of the 
 clause reducing the printers' wages Gen. B. F. Butler, of Massachusetts, took the 
 floor and said that when Congress would go to work and reduce the interest on 
 the Government Bonds, that only cost 38 cents on the dollar, and by intervening 
 legislation of Congress had been raised to the value of $1.16, he would be willing 
 to consider a proposition to reduce the wages of laboring men. Capitalists could 
 always come to Congress and secure legislation to protect their interests, and so 
 long as this continued he was in favor of the mechanical and laboring classes or- 
 ganizing to protect their interests. 
 
 Gen. Garfield contended that Congress had the right to make the wages of the 
 printers whatever it saw fit. No one denied the powe?' of Congress to legislate 
 against the employees of the Government Printing Office. It was the equity of 
 the thing for which Gen. Butler and others contended. Gen. Hawley, of Con- 
 necticut, insisted that the wages paid printers in "Washington were not too high. 
 Gen. Garfield admitted that the printers in the Government Office did more night 
 work, and that their employment was more irregular than in outside printing of- 
 fices ; that the cost of living in Washington was higher than elsewhere, but still he 
 contended that these workmen ought not to be paid more than printers elsewhere 
 received. On the motion to strike out this clause reducing the printers' wages 
 Gen. Garfield voted no— {see Congressional Record 43(f Cong., \st Sess., pp. 4877-8- 
 80-81.) 
 
SOME OF GENERAL GAKFIELD's VOTEB. '24(i 
 
 SOME OF GENERAL GARFIELD'S VOTES. 
 
 Below are given some of the votes cast by General James A. Garfield since he 
 became a member of Congress. They embrace votes on the most important 
 topics. It will be found that he invariably voted for all land grants and subsidies 
 and in favor of all monopolies, while he at the same time voted against giving 
 soldiers 160 acres of land. 
 
 Besides the votes given below he voted generally against Democratic investiga- 
 tions ; against reductions of the army, and in favor of the largest appropriations 
 for all purposes. 
 
 RAILROAD LAND GRANTS. 
 
 May 16, 1864.— The Northern Pacific Land Grant Biirwas under consideration, and Mr. Holman 
 moved an amendment requiring the road to transport the troops and property of the United States 
 free of charge. Mr. Garfield voted against the amendment {Globe, parts, Utsess. 38th Cong., 
 p. 2291). 
 
 The bill was rejected the same day. Garfield, however, voted for it (Ibid., p. 2297). 
 May 31st.— A bill of the same character was called up, and this time it passed, Garfield voting for 
 it Ubid., p. 2612). 
 
 February 17th, 1865.— General Garfield voted in the interest of a bill to extend the time for the 
 completion of certain land grant railroads in Michigan and Wisconsin {GM>e,part2,2d sess. 38th 
 Cong., p. 873). 
 
 March 3d, 1865.— Garfield voted to suspend the rules and take up a bill to extend the time for the 
 completion of certain land grant railroads in Minnesota, and the bill passed (Ibid, p. 1410). 
 
 July 5th, 1866. — A bill was considered which proposed to amend the Union Pacific Railroad Act in 
 such a way as to give enlarged powers to the grant of land previously made. Mr. Garfield is 
 recorded in favor of it (Globe, part4, Ut sess. 39th Cong., p. 3589). 
 
 July 26, 1866.— Garfield voted for a bill granting lands to aid in the construction of a railroad and 
 telegraph line from the states of Missouri and Arkansas to the Pacific Coast ( Globe, part 5, Ist sess. 
 39th Cong., p, 4183). 
 
 March 2, 1867.— A bill to grant land for the construction of the Stockton and Copperopolis Rail- 
 road, in California, was passed. Garfield voted for it (Ibid., 2d sess., p. 1769). 
 
 January 15th, 1868.— The bill to extend the time for the completion of the Dubuque and Sioux City 
 Railroad was taken up. It proposed to take away five or six hundred thousand acres of the public 
 lands. With a view of stopping the steal, E. B. Washburne made a point of order against it. The 
 Speaker overruled the point of order, and Garfield voted to sustain the decision of the chair (Globe, 
 part 1, 2d sess. 40th Cong, p. 544). 
 
 The bill was not disposed of on that occasion. It came up the next day and Garfield voted for it 
 at every stage, and imtil it was finally passed (Ibid., p. 571). 
 
 January 18, 1869.— An attempt was made by Mr. Holman to commit the House against the policy 
 of granting public lands to railroads and other corporations, and declaring that such lands should 
 be reserved for actual settlers. Garfield voted agamst the resolutions, and his vote helped to lay it 
 on the table (Globe, part 1, 3d sess., 40th Cong., pp. 424-5). 
 
 February 22, 1869.— Garfield voted for the bill granting the right of way to the Memphis, El Paso 
 & Pacific Railroad Company from El Paso to the Pacific Ocean (Ibid., part 2, p. 1444). 
 
 April 9th, 1869.— A proposition was pending to extend the time for the completion of the first 
 twenty miles of the Little Rock and Fort Smith Railroad— a land grant road. Garfield helped by 
 his vote to pass it, with an amendment for the benefit of the Memphis & El Paso Road (Globe, 1st 
 sess., 41st Cong., p. 702). 
 
 The bill came from the Senate on March 4th, 1870, with sundry amendments, and Garfield again 
 voted to put it through (Globe, part 2, 2d sess. 41st Cong., p. 1699). 
 
 May 25, 1870.— The House having under consideration a Senate bill to authorize the Northern 
 Pacific Railroad to issue its bonds for the construction of its road, an amendment was offered that 
 the lands granted said company should be sold to actual settlers only, in quantities not greater than 
 160 acres to any one person, and at a price not exceeding $2.50 per acre. General Garfield voted 
 against it. Then the same amendment was put in another form, and he voted against that also 
 (Globe, part 5, 2d sess. 41st Cong., pp. 3797-8). 
 
 The next day, May 25th, he voted against a like amendment. He also voted against an amend- 
 ment declaring that nothing in the act should be construed as a guarantee by the United States of 
 the bonds issued by said company or its agents. Then other efforts were made to fix the price at 
 which the lands should be sold, and Garfield voted steadily against all of them. He also voted 
 
246 
 
 against the following propositions : that any railroad authorized to be built by competent state or 
 national authority, whose line of road intersects that of the Northern Pacific Company, should 
 have the right of way to the extent of 200 feet in width, with necessary grounds for depot purposes, 
 over and across the lands of said company, free of charge; that the company should be required to 
 report annually to the Secretary of the Interior; that the United States should have the right at all 
 times to take possession of and own the road of said company, and all its appurtenances, on pay- 
 ing the actual and legitimate cost thereof, etc. After voting against these and other proper amend- 
 ments, nearly all of which were defeated, he finally voted for the bill {Ibid., pp. 3850 to 53), 
 
 July 12, 1870.— On a motion to take up and consider the bill extending the time for the comple- 
 tion of the St. Croix & Bayfield Railroad, Mr. Garfield voted to take it up, and resisted all attempts 
 to defeat it {Globe, part 6, 2d sess. Alst Cong., p. 5469). 
 
 February 21, 1871.— Garfield voted for a grant of land in aid of the construction of the Texas Pa- 
 cific Railway {Globe, part 2, Zd sess. A\st Cong., p. 1473). 
 
 February 29, 1872.— The St. Croix and Bayfield Railroad land grant was brought up again, it hav- 
 ing failed in the previous Congress. Mr. Holman wanted to recommit it with such mstructions 
 as to compel the reporting of a bill which would better protect the interests of the government ; 
 to limit the land gi-ant and to prevent any of the lands enuring to the benefit of the Northern Pacific 
 Railroad. The bill was referred with the instructions, but in spite of Mr. Garfield for he voted 
 against the motion {Globe, part 2, 2d sess. 42d Cong., p. 1313). 
 
 April 18th, 1872.— The bill to incorporate the Great Salt Lake and Colorado River Railroad Com- 
 
 {)any, and making a grant of land thereto was taken up. Gen. Garfield voted against a motion to 
 ay the bill on the table and it was then passed {Ibid., part 3, p. 2547). 
 
 It will be observed that he voted generally in favor of landgrants. "When the 
 
 Democrats came into power they stopped that sort of legislation and adopted the 
 
 following resolution, which Garfield voted for, after he saw that no more land 
 
 legislation was to be had. 
 
 December 15th, 1875.— Sesolved, That in the judgment of this House, in the present condition of 
 the financial affairs of the government no subsidies in money, bonds, public lands, indorsements 
 or by pledge of the public credit, should be granted by Congress to associations or corporations en- 
 gaged, or proposing to engage, in public or private enterprises, and that all appropriations from the 
 public treasury ought to be limited at this time to such amounts only as shall be imperatively de- 
 manded by the public service {Record vol. 4, part 1, 1st sess. 4Ath Cong., p. 227), 
 
 He voted for a similar resolution in 45th Congress {Record, wl. 7. part 1, 2d sess. 
 
 45th Cong., p. 626). 
 
 OTHER LAND GRANTS. 
 
 February 14th, 1865.— Mr. Garfield voted for a bill donating public land for the construction- 
 of a ship canal at the head of the Sturgeon Bay, Wisconsin {Globe, part 1, 2d sess. 38 Cong., p. 795). 
 
 March 1st, 1865.— Mr. Garfield voted for a bill granting land to the state of Michigan, to aid in 
 building a harbor and ship canal at Portage lake, Lake Superior {Globe, pari 2, 2d sess. 48th, Cong.y. 
 p. 1263). 
 
 April 2d, 1866.— The bill granting a donation of two hundred thousand acres of land (which 
 failed in the Thirty-eighth Congress), for the Sturgeon Bay Canal came up again and, Garfield true 
 to his instincts in favor of land grants voted for it {Globe, part2, 1st. sess. 2QthCong., p. 1727). 
 
 TAX ON DISTILLED SPIRITS, ETC. — VOTES IN THE INTEREST OF THE WHISKEY 
 
 RING. 
 
 March 3, 1864.— A report of a conference committee on an internal, revenue bill was under con- 
 sideration in the House. The point in controversy was as to the propriety of taxing the stock on 
 hand. The House said it should be taxed, and the Senate said it should not. Garfield voted that 
 the House should recede from its position, and thus concur in the Senate amendment {Globe, part 
 1, 1st sess. dStfi Cong). 
 
 April 28, 1864.— Garfield voted against another proposition to tax the stock on hand {Ibid, part 2,. 
 p. 1963). 
 
 December 19, 1864.— He voted to strike out a section of a revenue bill which taxed spirits on 
 hand 50 cents per gallon ( Globe, part 1, 2d sess. 38ih Cong., p. 68). 
 
 January 30, 1878.— A bill was pending in relation to the tax on distilled spirits. Gentlemen wha 
 knew most about it demonstrated that a reduction of the tax would be of great advantage to the 
 revenues of the country. An amendment was offered, declaring that a reduction of the tax was 
 inexpedient. Gen. Garfield voted for the amendment {Record, vol. 7, part 1, 2d sess. 45th Cong., p. 
 681). 
 
 June 17, 1878.— A bill to amend the laws relating to internal revenue was passed. It was of de- 
 cided advantage to the government in the matter of the tax on distilled spirits. Garfield voted 
 against it {Ibid., part 5, p. 4770). 
 
 STEAMSHIP SUBSIDIES. 
 
 April 15, 1864.— Mr. Garfield voted against a motion to lay on the table a bill granting a subsidy 
 of $150,000 for mail service between the United States and Brazil {Globe part 2, 1st sess. SSthCong., 
 p. 1658). 
 
 March 2, 1867.— Garfield voted for a bill to subsidize a line of steamers between the United States 
 and the Hawaiian Islands (Globe, part 3. 2d sess., 39th Cong., p. 1781). 
 
 June 10th, 1868.— Gen. Garfield voted for a bill granting a subsidy to a line of steamships be- 
 tween New York and one or more European ports {Globe, part 3, 2d sess. ^th Cong., p. 3033). 
 
 May 21, 1872.— The Senate put an amendment on the Post-Office Appropriation Bill for an 
 additional monthly mail between the United States and China. Holman wanted to reduce the 
 amount of compensation. Garfield voted against the proposition. He then voted for the increased 
 subsidy and additional service. On the same day he voted for the Brazilian mail subsidy {Globe^ 
 part 5, 2d sess. 42d Cong., p. 3679-80), 
 
SOME OF GENERAL GARFIELD S VOTES. 2477 
 
 February 15, 1875.— On a motion to suspend the rules and pass a Senate bill for the relief of the 
 contractors for the construction of yessels of war and steam machinery— Secors and others, whose 
 claims were frauds— Gen. Garfield voted in the affirmative {Recor'd, part 2, St? sess. Aid Cong., p. 
 1292). 
 
 December 15, 1877.— Garfield voted against the resolution offered by Mr. Wood authorizing cer- 
 tain committees to make investigations of matters before them. One of the principal investigations 
 proposed was that with regard to frauds in the Navy Department {Record, vol, 7, part 1, Ahth Cong.^ 
 2d sess., pp, 243 and 4, (fee). 
 
 PRINTING FRAUDS. 
 
 May 16, 1876.— Mr. Garfield voted against a resolution reported from the Committee on Printing,, 
 directing the Speaker to transmit to the proper authorities the testimony taken by that committee 
 relating to the Congressional printer, to the end that he might be indicted and presented. By 
 voting against that resolution, Mr. Garfield proposed to shield Mr, Clapp from certain acts of mal- 
 feasance in office which the committee had found against him (Record, vol. 4. part 4, 1st sess. . 
 44th Cong., p. 3118), 
 
 THE CHOCTAW CLAIM. 
 
 There has been pending before Congress for several years a bill to pay the • 
 Choctaw Indians the sum of nearly three million dollars which they claim to be 
 due them. As the claims have nearly all passed into the hands of speculators for 
 a merely nominal sum, and as the Indians would not be benefited by the appro- 
 priation to any great extent, the claim was regarded as a swindle, and as such> 
 opposed. Moreover, Secretary Boutwell reported that it had been paid in full. . 
 In the Forty-third Congress the claim was attached to the Indian Appropriation ; 
 Bill. Gen. Garfield vote& for it (Record, vol. 3, part 1, 2d sess. 43d! Gong., p. 
 617). On account of this appropriation the bill was rejected. The next day 
 (January 21st, 1865), Mr. Garfield voted to reopen the question (75zd, J9. 636). 
 A motion was then made to recommit the bill to the Committee on Appropria- 
 tions (the committee of which Garfield was cliairman), with instructions to report 
 the same, excluding the Choctaw claim. Garfield voted against the motion. He • 
 also voted in favor of the bill, and it was finally recommitted to the committee 
 of the whole House {Ibid., pp. 637-639). 
 
 The bill was reported back again February 9th, 1875, but still retained the 
 Choctaw clause, slightly modified. The clause was rejected, but not with Gar- 
 field's aid, for he voted to retain it {Ibid., part 2, p. 1093). 
 
 January 22, 1877. — The friends of the claim changed their tactics a little- 
 Failing to get the House to act on the bill, they proposed to refer it to the Court 
 of Claims. Gen. Garfield voted for the reference {Record, vol. 5, part 1, 2d 
 8688., Uth Gong., p. 812). 
 
 VOTES AGAINST SOLDIERS' INTERESTS. 
 
 April 30, 1864.— The Army Appropriation Bill being under consideration, Mr, Holman offered an 
 amendment providing that after January 1st, 1864, the pay of the private soldier of the army shall 
 be $20 per month. The Speaker ruled the amendment out of order and Mr. Holman appealed from 
 the decision of the chair. On motion to lay the appeal on the table, James A. Garfield voted for 
 it, thereby declaring his opposition to an increase of the private soldiers' pay ((?^o66,j9af< 3, \st 
 sess., 2Sth Cong., p. 1999), . 
 
 January 6th, 1864.— Mr, Famsworth reported a bill from the Committee on Military Affairs, con- 
 tinuing the payment of bounties for enlistment from the 5th of January, 1864, to the 1st of March, 
 1865. The bill passed— 112 to 2. Mr. Garfield was one of the two voting no {Globe, part 1, Ist 
 sess., 38th Cong., ]h 110). 
 
 February 18ih, 1865. — A bill was reported from the Committee on Military Affairs to increase the> 
 pay of certain officers of the army. An amendment was offered to make the pay of private soldiers 
 $20 per month. General Garfield voted against the amendment. He then moved that the bill be 
 recommitted and voted for that motion. His motion prevailed and the bill was then immediately 
 reported back providing for the officers but leaving the private soldiers out, arhd it was passed 
 {Globe, jmrt 2, 2d sess., 38th Cong., pp. 909 and 910). 
 
 December 12, 1872.— General Garfield voted against the bill allowing every private soldier, musi- 
 cian and officer who served in the army of the United States during the late war for ninety days, 
 and was honorably discharged, and the widow or orphan of such soldier to enter 160 acres of land 
 under the homestead law {Globe, part 1, M sess., 42d Cong., p. 167). 
 
 February 8th, 1875.— General Garfield voted against suspending the niles and passing a bill 
 granting bounties to heirs of soldiers who enlisted in the service of the United States during the > 
 late war for a period of less than one year, and who were killed or have died by reason of such , 
 service {Record, vol. 3, part 2, 2d sess., 4M Cong., p. 1068). 
 
 PENSIONS OF SOLDIERS OP 1812. 
 July 6th. 1866.— Mr. Garfield voted to lay on the table a bill granting pensions to soldiers of the- 
 
"248 SOME OF GENERAL GARFIELd'S VOTES. 
 
 •war of 1812. He then voted to recommit the bill, and therebv helped to defeat it (Globe, part 
 4, 1st sess. ZWi Cong., pp. 3928 a»c? 29). 
 
 April 3d, 1876.— A bill to pension soldiers of 1812 and their surviving widows being under con- 
 sideration, Mr. Garfield voted to strike out a clause giving arrearages of pensions to widows whose 
 husbands' names were dropped for alleged disloyalty {Becord, vol. 4, parts, 1st sess. 4Ath Ccmq., 
 2). 2167). 
 
 PENSIONS TO MEXICAN SOLDIERS. 
 
 February 25th, 1878.— General Garfield was a determined opponent of the bill to pension the vet- 
 •eraneof the Mexican war. He voted at the date above named against amotion to go into Commit- 
 tee of the Whole to consider a bill to pension them (Beco^^d, vol. 7, part 2, 2d sess. 45th Cona., o, 
 1315). 
 
 January 14th, 1879.— He voted again against going into Committee of the Whole on the bill (Bec- 
 ord, vol. 8, part 1, Sd sess. 45th Cong., p. 443). 
 
 During that session several other attempts were made to get the bill up and Garfield was always 
 recorded against it. 
 
 TARIFF. 
 
 June 4th, 1864. — Mr. Garfield voted against an amendment to the pending tariff bill, to admit 
 a.ree of duty during a period of one year, any machinery designed for and adapted to the manufac- 
 ture of woveh fabrics from the fiber of flax or hemp, «fec. (Globe, part 3,1st sess. S8th Cong., p. 
 ;2?50). 
 
 June 27th, 1864.— Mr. Garfield voted for a Senate amendment to the tariff bill, fixing a duty of 
 ■sixty cents per one hundred pounds on all iron imported in bars for railroads, and inclined planes 
 made to patterns and fitted to be laid down on such roads or planes ( Globe, part 4, 1st sess. 38th 
 Oong., p. 3S12). 
 
 July 10th, 1866.— A tariff bill being under consideration, Garfield voted against reducing the duty 
 on railroad iron to 50 cents per hundred pounds and then voted to make it 70 cents per hundred 
 pounds (Globe, part 4, 1st sess. S9th Cong., p. 3723). 
 
 December 8tn, 1868.— Garfield voted for a bill increasing the duty on imported copper and cop- 
 per ores (Globe, ])art 1, 8rf sess. ^th Cong., p. 15). 
 
 February 8th, 1869. — The bill went back to the House from the Senate with the rates of duty 
 largely increased, and Garfield voted for the Senate amendments (Ibid part 2, p. 960). 
 
 May 23d, 1870.— Garfield voted against a motion offered by Mr. Judd, of Illinois, to suspend the 
 rules and pass a bill to reduce duties on sugar, molasses, iron, etc. (Globe, part 4, 2d sess. 41st Cong., 
 p, 3727). 
 
 June 6th, 1870. — An internal revenue bill being under consideration, Mr. Schenck offered an 
 Tamendment imposing increased duties on tea, coffee, sugar and other necessaries of life. In fact 
 2t was a regular tariff bill injected into an internal revenue bill. Garfield voted for it (Ibid, part 5, 
 p. 4106). 
 
 June 20th, 1870.— The House had in the above bill raised the duty on live animals from 20 to 30 
 per cent, ad valwefn , and had so increased the duties on potatoes and fish that they were almost pro- 
 hibitory. A resolution was offered directing the Ways and Means Committee to reduce the duties on 
 potatoes and fish 50 per cent. Garfield voted for its reference to the Ways and Means Committee 
 without instructions, and thus practically defeated it {Ibid, p. 4603) 
 
 February 26th, 1872.— A resolution declaring it to be the judgment of the House that the duty on 
 pjg iron should be reduced to five dollars per ton or less, was rejected. Mr. Garfield voted against 
 it (Globe, part 2, 2d sess. 42rf Cong., p. 1217). 
 
 DUTY ON PRINTING PAPER. 
 
 January 23, 1865.— Mr. E. B. Washburne introduced for passage a joint resolution to reduce the 
 dxity on printing paper unsized, used for books and newspapers exclusively, to three per cent, ad va- 
 9»rein. Mr. Garfield voted to lay the joint resolution on the table ; he also voted against ordering 
 #4e main question and fought it at every stage down to the final passage. He wanted the rate of 
 <laty put higher ( Globe, pan 1, 2d sess. mh Cong., pp. 369 and 370). 
 
 March 3d, 1865.— The above bill was returned from the Senate with an amendment increasing 
 tbe> duty to 15 per cent. Garfield voted for that amendment. He also voted against tallying the bill, 
 which the friends of cheap paper desired to do (Ibid., part 2, p. 1416). 
 
 DUTY ON SUGAR. 
 
 Apnl 28, 1864.— An internal revenue bill being under consideration Mr. Garfield voted for an 
 ■junendment increasing the duty on sugar from one to two cents per Tpoxxnd (Globe, part 2, 1st 
 ^segs.28th Cong., p. 1942). 
 
 DUTY ON COAL. 
 
 June 6th, 1870.— Mr. Garfield voted against a resolution directing the Ways and Means Commit- 
 ttee at the earliest practicable moment to report a bill abolishing the duty on coal, was to secure 
 Chat important article of fuel to the people free from all taxation (Globe, part 5, 2d sess. 41st Cong.. 
 p. 4101). 
 
 SPIES AND INFORMERS. 
 
 April Ist, 1872.— A bill was passed to dispense with informers- in the internal revenue service 
 den. Garfield voted against it (Globe, part 3, 2d sess. '^id Cong., p. 2077). 
 
 SA.N DOMINGO. 
 
 December 12, 1870.— Mr. Banks offered a resolution authorizing the President to appoint a com- 
 mission in regard to the acquisition of San Domingo. Mr. Cox moved to lay the resolution on the 
 table. That would have killed, at once, what afterwards turned out a great scandal. General Gar- 
 field voted against the motion to table (Globe, part 1, M sess. 41st Cong., p. 66). 
 
 January 9th, 1871.— The Senate having passed a joint resolution similar to the above, Mr. Orth 
 moved to suspend the rules and pass the Senate joint reaolution. General Garfield voted for it. 
 'The rules were not suspended, however. Then Orth reported back the House bill. The opposi- 
 tion filibustered successfully against it, but finally Orth succeeded in having the Senate bill taken 
 up for consideration, Mr. Garfield voting in favor of it all the time (Ibid., pp. 381 and 84). 
 
 January 10th, 1871, the joint resolution was passed with the aid of Garfield's vote (Ibid., p. 416). 
 
SOME OF GARFIELD'S VOTES. 249 
 
 THE PRANKING PRIVILEGE. 
 
 Jan'y 20, 1869.— In a bill to restrict and regulate the franking privilege was a clause prohibiting 
 persons entitled to the privilege from receiving through the mails any mail matter free of postage 
 except public documents printed by order of Congress. Gen. Garfield voted to strike that clause 
 from the bill {Globe, part 1, M sees. 4^t/i Cong., p. 480). j 
 
 BELLIGERENT RIGHT TO CUBANS. 
 
 January 28th, 1872.— Mr. Voorhees offered a resolution to recognize the belligerent rights of the 
 Cubans in their war against Spain. Gen. Garfield voted against it (Globe, part I, 2d sees. 4M 
 Cong., p. 685). 
 
 THE CHINESE QUESTION. 
 
 March 22d, 1869.— Gen. Garfield voted against a resolution declaring that the Fifteenth Amend- 
 ment to the Constitution never intended to confer the right of suffrage upon Chinese or Mongoli- 
 ans (Globe, Ut sess. 41st Cong., p. 202). 
 
 NO SYMPATHY FOR IRELAND. 
 
 March 8th, 1867.— A resolution was offered extending the sympathy of the people of the United 
 States to the people of Ireland, in their struggle for constitutional liberty. Gfen. Garfield was one 
 of fourteen members who voted against considering the resolution, and then voted to refer it to a 
 committee (Globe, Istsess. 4fith Cong., p. 36). 
 
 MUZZLING THE SUPREME COtlRT. 
 In January, 1868, the Kepublicans became fearful that the Supreme Court would upset some of 
 their unconstitutional reconstructive laws, so a bill was introduced to prevent it, by declaring what 
 should be a quorum, &c., of the Court. It was a virtual interference with the prerogatives of that 
 tribunal. Gen. Garfield voted with the bill at all its stages (Globe, part 1, 2d sess. 4iith Cong., pp. 
 476-77 and 78). ' . 
 
250 GARFIELD AGAINST FREE SALT. 
 
 GARFIELD AND GENERAL SHIELDS. 
 
 HIS INGRATITUDE TO A SCARRED VETERAN OF THREE WARS. 
 
 There was a bill introduced in the Forty-fifth Congress authorizing the President 
 to appoint James Shields a brigadier-general in the United States Army, on the 
 retired list, with rank and pay from and after the passage of the act. General 
 Shields was then without means of support, and so broken by disease contracted 
 in the service of his country in the field, and so enfeebled by age and infirmity 
 that his Democratic friends in Congress resolved to do a last act of simple justice 
 by placing him on the retired list of the army, and thus provide a dying veteran 
 with food and shelter. It was an extreme case, and the dictates of humanity, to 
 say nothing of the acknowledged services of the grand old hero during a long and 
 brilliant career in the field, would seem enough to justify any proper measure 
 of relief. 
 
 General Shields was then nearing his grave, dying only a few months after- 
 wards in great poverty. He was not only a soldier of honorable fame, but a 
 Democratic statesman of great ability and unsullied patriotism, having served as 
 Senator in Congress from three different states of the Union. 
 
 When the vote was taken on a motion to suspend the rules and pass this bill, 
 the yeas were 112 and the nays 55. To the surprise of every lover of justice in. 
 that House James A. Garfield voted nay {see Cong. Record, 45th Cong., dd 8688. 
 p. 2,387). 
 
 GARFIELD AGAINST F REE SALT. 
 
 MR. GARFIELD OPPOSES THE REPEAL OF THE DUTY ON SALT. 
 
 A motion was made by Mr. Hatch on January 13th, 1880, to suspend the rules 
 and pass the following bill to provide for the importation of salt duty free : 
 
 Be it enacted, <&c., That no duty shall be levied or collected, directly or indirectly, on the im- 
 portation of salt brought into any port of the United States; but salt, fine or coarse, in bulk or ia 
 Dags, sacks, barrels, or other packages, may be imported free of duty. 
 
 Sec. 2. That all laws or regulations of the Treasury Department in conflict with this act be, and 
 the same are hereby, removed. 
 
 Sec. 3, That this act shall take effect and be in force from and after its passage. 
 
 Mr. Conger objected to its consideration, but the objection was overruled by 
 the Speaker. Mr. Conger then moved to adjourn, and on that motion demanded 
 the yeas and nays. The vote being taken the yeas were 97, nays 128. Mr. Gar- 
 field signified his opposition to the bill by voting yea. 
 
 The motion to adjourn having failed the question occurred on the motion of 
 Mr. Hatch to suspend the rules and pass the bill. The yeas and nays being called 
 for the question was decided in the negative, yeas 115, nays 115. Mr. Garfield 
 being recorded among those not voting {see Cong. Record, January IZth, 1880, 
 p. 18). 
 
 On the following day Mr. Garfield rose in his place and said : 
 
 Mr. Speaker: I find that in the list of yeas and nays on the Journal, on the motion yesterday 
 to suspend the rules and pass the bill for the repeal of the duty on salt, I am recorded as not voting. 
 I wish the correction to be made. J voted against the motion. 
 
 So the Journal was corrected and Mr. Garfield's vote was recorded in the 
 negative {Id. January 14th, 1880, p. 4). 
 
GAKFIELD DENOUNCED BY REPUBLICANS OF HIS DISTRICT. 251 
 
 ME. GARFIELD DENOUNCED BY THE 
 REPUBLICANS OF HIS OWN DISTRICT. 
 
 GEN. GARFIELD'S REPUBLICAN CONSTITUENTS PASS JUDGMENT. 
 
 On the 7tli of September, 1876, the Republicans of the Nineteenth Congress- 
 ional district of Ohio opposed to the return of James A. Garfield to Congress met 
 in convention at Warren, Ohio, and organized. A committee on resolutions was 
 appointed, which, after mature consideration, submitted the following, which 
 was adopted : 
 
 Be it by this independent convention of Republicans of the Nineteenth Congressional District 
 of Ohio, 
 
 First. Resolved, That dishonesty, fraud and corruption have become so common, notorious and 
 obvious in the administration of our national government, as to be not only humiliating and dis- 
 graceful in the estimation of every honest and intelligent citizen, but to imperil the prosperity of 
 the people, if not the stability of the government itself. 
 
 Second. Resolved, That this deplorable condition of the administration of our national gov- 
 ernment is largely due to the election to office and continuance therein of corrupt, dishonest and 
 venal men. 
 
 Third. Resolved, That it is useless and hypocritical for any political party to declare for reform 
 in its platforms, papers and public addresses, while it insists on returning to high official place and 
 power men who have been notoriously connected with the very -schemes of fraud which render 
 reform necessary and urgent ; that to send those to enact reform who themselves need reforming 
 to make them honest, is worse than setting the blind to lead the blind. 
 
 Fourth. Resolved, That there is no man to-day officially connected with the administration of 
 our national government against whom are justly preferred more or graver charges of corruption 
 than are publicly made and abundantly sustained against James A. Garfield, the present represen- 
 tative of this Congressional district and the nominee of the Republican convention for re-election. 
 
 Fifth. Resolved, That since he first entered Congress to this day there is scarcely an instance in 
 which rings and monopolies have been arrayed against the interests of the people, that he has been 
 found active in speech and vote upon the side of the latter, but in almost every case he has been 
 the ready champion of rings and monopolies. 
 
 Sixth. Resolved, That we especially charge him with venality and cowardice in permitting Benja- 
 min F. Butler to attach to the Appropriation bill of 1873 that ever-to-be-remembered infamy, the 
 salary steal, and in speaking and voting for that measure upon its final passage;; and 'charge him 
 with corrupt disregard of the clearly expressed demand of his constituents that he should vote for 
 its repeal, and with evading said demand by voting for the Hutchinson amendment. 
 
 Seventh. Resolved, That we further arraign and denounce him for his corrupt connection with 
 the Credit Mobilier, for his false denials thereof before his constituents, for his perjured denial 
 thereof before a committee of his peers in Congress, for fraud upon his constituents in circulating 
 among them a pamphlet purporting to set forth the findings of said committee and the evidence 
 against him, when, in fact, portions thereof were omitted and garbled. 
 
 Eighth. Resolved, That we further arrai^ and charge him with corrupt bribery in selling his 
 official influence as Chairman of the Committee on Appropriations to the DeGolyer Pavement King, 
 to aid them in securing a contract from the Board of Public Works of the District of Columbia; 
 selling his influence to aid said ring in imposing upon the people of said District a pavement which 
 is almost worthless at a price three times its cost, as sworn to by one of the contractors; selling 
 his influence to aid said Ring in procuring a contract to procure which it corruptly paid, $97,000 
 " for influence;" selling his influence in a matter that involved no question of law, upon the ehallow 
 
 Eretext that he was acting as a lawyer ; selling his influence in a manner so palpable and I clear as to 
 e so found and declared by an impartial andcompetent Court upon an issue solemnly tried. 
 Ninth. Resolved, That we arraign him for the fradulent manner in which he attempted, in his 
 speech, delivered at Warren, on the 19th day of September, 1874, to shield himself from just cen- 
 sure in receiving the before-named $5,000, by falsely representing in said speech that the Congress 
 of the United States were not responsible for the acts of said board, nor the United States liable for 
 the debts created thereby, when in truth and in fact, as he then well knew, the said Board of Public 
 Works and the officers of said District were but the agents and instruments of Congress, and the 
 United States, was responsible for the indebtedness by them created. 
 
 Tenth. Resdved, That we arraign him for gross dereliction of duty as a member of Congress in 
 failing to bring to light and expose the corruption and abuse in the sale of post traderships, for 
 Which the late Secretary Belknap was impeached, when the same was brought to his knowledge by 
 
252 GARFIELD DENOUNCED BY REPUBLICANS OP HIS DISTRICT. 
 
 Gen. Hazen in 1872, and can only account for it upon the supposition that his manhood was de- 
 bauched by the corruption funds then by him just received and in his own purse. 
 
 Eleventh. Resolved, That the law of 187.3, known as the act demonetizing silver, was enacted in the 
 interest of gold rings, bondholders and capitalists and against the interest of the taxpayers and 
 without their advice or knowledge. That this act, by a single blow, has seriously crippled our 
 power to resume specie payments or pay our national debt in coin. That no sufficient reason has 
 yet been given for this legislation, so dishonest and palpable in its discrimination in favor of the 
 small creditor class and capitalists and against the great debtor class and the industrial interests of 
 the country. That James A. Garfield during the last session of Congress was the conspicuous de- 
 fender of this crafty attempt to sacrifice the interests of the people to bondholders and foreign capi- 
 talists. That when it was proposed to restore the old silver dollar to the place it had held during 
 our history as a nation as a legal tender for all debts, public and private, he denounced the attempt 
 as " a swindle on so grand a scale as to make the achievement illustrious " and as a " scheme of 
 vast rascality and colossal swindling." 
 
 Twelfth. Resolved. That neither great ability and experience or eloquent partisan discussion of 
 the dead issues of the late war will excuse or justify past dishonesty and corruption or answer as a 
 guaranty of integrity and purity for the future. 
 
 Thirteenth. Resolved, That believing the statements in the foregoing resolutions set forth, we 
 cannot, without stultifying our manhood and debasing our self-respect, support at the polls the 
 nominee of the Republican convention of this district for re-election, nor can we, without surrender- 
 ing our rights as electors and citizens, sit silently by and see a man so unworthy again sent to repre- 
 sent us in the national legislature. That strong in the conviction of right, we call upon the electors 
 of the district, irrespective of former or present party attachment, who desire honest government, 
 to unite with us in an earnest, faithful effort to defeat the re-election of Gen. Garfield, and elect in 
 his stead an honest and reliable man. 
 
 The result of this expose was a majority for Mr. Garfield of twenty-nine hun- 
 dred and ninety-one votes less than the head of the Republican state ticket re- 
 ceived in the Nineteenth district. Garfield's majority was 3,569 less in his Con- 
 gressional district in 1876 than Hayes received in it for President. 
 
 an address to the republican voters op the nineteenth (ohio) con- 
 gressional district. 
 
 September 10, 1876. 
 
 Fellow Citizens : We who address you were appointed a committee for this pur- 
 pose by an independent convention of Republicans assembled for the purpose of 
 putting in nomination a suitable person as candidate for Congress in opposition to 
 James A. Garfield. 
 
 The cause which impelled the calling of that convention and inspired its action 
 are set forth in the resolutions by it adopted and printed herewith. To the indict- 
 ment contained in those resolutions and the evidence submitted in support thereof, 
 we respectfully call your attention and ask your candid consideration. 
 
 We have no grievances. We never sought favors at Mr. Garfield's hands, and 
 have no personal quarrel with him. On the contrary we have been among his 
 warmest political friends and supporters and now only attack his acts and conduct 
 in public life and the character he has thereby attained. 
 
 It is easier to float with the tide than to row against it and we regret the neces- 
 sity that compels us to denounce him. 
 
 It is fitting that as true men we should seek the cause and remedy for this state 
 of ruin and we look not far nor long. Corruption in office and want of wisdom 
 in legislation loom up before us. We review with pride our party history and 
 achievements, but we now see fraud in high places eating at its vitals. Its revenue 
 officers are found stealing and dividing with whisky rings. Its secretaries sell 
 post traderships. Its Congressmen raise their own salaries and make them retro- 
 active; take great fees for argument on pavement jobs before boards of their own 
 creation and pocket the dividends of great frauds like the Credit Mobilier. Cor- 
 ruption rides in $1,600 landaulets, purchased at government expense, and Con- 
 gressmen build palaces at the Capitol while the people toil and sweat under their 
 burdens — they forget that they are but the servants of the nation and act as if they 
 were its owners seeking to wring from it the greatest possible number of dollars 
 for their own purposes. 
 
 The Republican party has done much to purify itself within itself. Its Whisky 
 
GARFIELD DENOUNCED BY REPUBLICANS OF HIS DISTRICT. 253 
 
 Ring Revenue officers are convicted and imprisoned, Belknap is deposed and im- 
 peaclaed and only escapes conviction by a technicality. Its Salary Stealing, 
 Credit Mobilier, Pavement Jobbing Congressmen are mostly retired. James A. 
 Garfield remains. Richard C. Parsons, his compeer as a gi-eat patent pavement 
 lawyer nominated without opposition in a district Republican last year by 6,500 
 majority, was buried at the polls by Henry B. Payne, a Democrat, by 3,500 
 majority. The office-holders nominated him, but the brave, honest people rebuked 
 them. 
 
 James A. Garfield fell from 10,935 majority in 1873 to 3,536 majority in 1874. 
 " Oh, what a fall was there, my countrymen ! " Rebuked, shorn of character for 
 truth and integrity, all that is noble in manhood almost defeated, he stands a sad 
 and blackened monument of avarice and greed. 
 
 By the arts of the orator and demagogue, of which he is a consummate master, 
 he is striving and struggling and may postpone the day of his final doom, but he 
 bears upon his front the writing on the wall "mene, mene, tekel upharsin." 
 
 "Whom the gods would destroy they first make mad." 
 
 Forgetting his duty to his country and his constituents, in his haste to serve his 
 bond-holding masters, on the 13th of July, 1876, he committed himself to the de- 
 fense of that great fraud upon the people, the demonetization of the silver dollar, 
 and denounced its restoration as a "swindle on so vast a scale as to make the 
 achievement illustrious, " 
 
 That speech, so weak in its logic and so damning in its political heresies, and so 
 ruinous to the high pretensions of statesmanship of its author, is suppressed by the 
 Republican editors of his district and is only to be found in the Congressional Rec- 
 ord. Holding post-offices and places of emolument at his will, they dare to raise 
 their voices only in his praise. 
 
 If the Republican party would survive, it must strike from its rolls the last dis- 
 honored name and select only honest, true and brave men to fill its high places. 
 
 Flaming oratory upon the horrors of Andersonville and Libby, and the disor- 
 dered condition of the South, are a poor compensation for want of integrity. The 
 fools who believe that another great rebellion or pajmaent of the rebel debt are im- 
 minent, are only found in the post-offices and lunatic asylums. The people know 
 better, and that cry of the demagogue to arouse their fears, that he may get their 
 votes, ought to be of no avail. 
 
 G. N. TUTTLE, 
 P. BOSWORTH, 
 
 H. H. HiNE, of Lake county. 
 J. A. GiDDiNGs, of Ashtabula. 
 D. E. DuRFEE, of Geauga. 
 L. D. Brown, of Portage. 
 A. YouMANS, of Trumbull. 
 
254 GAKFIELD AGAINST THE SHIPBUILDERS OF NEW ENGLAND. 
 
 GARFIELD AGAINST THE SHIPBUILDERS 
 OF NEW ENGLAND. 
 
 ^ REVIVAL OF OUR COMMERCIAL MARINE— MR. GARFIELD SPEAKS AND VOTES 
 
 ADVERSELY. 
 
 On the 28tli day of August, 1870, Mr. Lynch, of Maine, introduced a bill to re- 
 vive the navigation and commercial interests of the United States. This bill 
 premised that the late war had nearly destroyed the merchant marine of the 
 country, and that now (^. e. , 1870) it had no protection from foreign competition 
 as afforded to other gi*eat national interests and industries, and was therefore 
 steadily declining ; that its restoration, constituting as it did one of the most ef- 
 ficient means of defense in time of war,. was of great national importance and 
 necessary to the maintenance of our position as a first-class power, and therefore 
 enacting, in substance as follows : 
 
 That on all imported lumber, timber, h^mp, manila and composition metal, 
 and iron and steel not advanced beyond rods, bars and bolts, plates, beams and 
 f orgings, used and wrought into the construction of steam or sail vessels built in 
 the United States, for any portion of such vessels, there should be allowed and 
 paid by the Secretary of the Treasury, a rebate or drawback equal to the duties 
 on such material, and that where American material should be used in the con- 
 struction of iron, steel, or composite vessels or steamers, there should be allowed 
 and paid an amount equivalent to the duties imposed on similar articles of for- 
 eign manufacture when imported. 
 
 The bill also provided that all ship stores and coal to be consumed by any ves- 
 sel on its voyage from any port of the United States to any foreign port might be 
 taken in whole packages in bond and disposed of for such purposes, free of im- 
 port and internal duty and tax. 
 
 In order to further encourage the restoration of our commercial supremacy on 
 the seas, the bill enacted that the owner of an American sail or steam vessel en- 
 gaged for more than six months in the year in the carrying trade between Ameri- 
 can and foreign ports, or between the ports of foreign countries, should, at the 
 end of each fiscal year, be paid by the collector of the port where registered, on 
 every sail vessel one dollar and fifty cents for each registered ton ; on every 
 steamer running to and from the ports of the North American provinces, one 
 dollar and fifty cents for each registered ton ; and on every steamer running to 
 and from any European port, four dollars per registered ton ; and on every steamer 
 running to and from all other foreign ports, three dollars each registered ton. 
 Also, that in lieu of all duties now imposed by law, a duty of thirty cents per ton 
 be imposed on all ships, vessels or steamers entered in the United States from 
 foreign ports, the receipts of vessels paying such tax being relieved from the tax 
 
GARFIELD AGAINST THE SHIPBUILDERS OF NEW ENGLAND. 255 
 
 imposed by section 103 of the Act of June 30, 1864, and that vessels of all classes 
 trading regularly between ports of the United States and Mexico, and south of 
 Mexico down to and including Aspinwall and Panama and ports of the British 
 Kortli American provinces, and with the West Indies, should not be required to 
 pay this tonnage more than once a year. The act to be in force ten years. 
 
 This bill was debated in the morning hour during a number of weeks, and sev- 
 eral amendments were offered to it. 
 
 On May 34, the bill had progressed so far that the pending question was on or- 
 dering the main question on its engrossment and third reading. 
 
 The yeas and nays were called and Mr. Garfield voted no, and the main, 
 question was not ordered {Glohe, 41st Cong., 2d sess., 3708). 
 
 The vote was very full on this call, the motion failing by only 12 majority. 
 
 In the debates which followed, Mr. Lynch, finding the opposition m his own 
 party too great to justify any hope of its passage, so modified his bill as to limit 
 its operations practically to the removal of duties from all imported material go- 
 ing into the manufacture of American ships. 
 
 It should be recollected that early in the Forty-first Congress, a special com- 
 mittee of the House had been instructed by resolution to devise some means for 
 the restoration of our perishing commercial marine, and that after patient and 
 diligent investigation a sub-committee, of which Mr. Lynch was chairman, had 
 reported this bill, and it had been fraternized by the special committee. 
 
 The bill as now modified by Mr. Lynch simply proposed to allow American 
 ship builders to import materials for ship building, and for ship supplies free of 
 duty. 
 
 Mr. Garfield, in opposing the bill, whether as originally offered or as modi- 
 fied, claimed that it gave great advantages to builders of ships for the coastwise 
 trade, which he held had not suffered except by the competition of railroads 
 {Mr. Oarfielcl had some Credit Mohilier stock). He said this proposition would take 
 ten millions a year out of the treasury, and that it would not give any relief to 
 our ocean commerce. He contended that for the purposes of foreign trade it was 
 inadequate, and for purposes of the coastwise trade it was unnecessary, and 
 therefore he hoped it would be laid on the table {Globe, Alst Cong., 2d sess., p^,. 
 8785, 3786). 
 
 On May 27th the bill being again under discussion, Mr. Allison moved to lay k 
 on the table. The motion was lost, but under a call for the yeas and nays Mi. 
 Garfield voted yea {Globe, Alst Cong., 2d sess., p. 3862). 
 
 On the 31st of May the bill was variously amended and finally reached the 
 stage where Mr. Allison called for the yeas and nays on ordering it to be en- 
 grossed and read a third time. The call was sustained, and the motion was lost, 
 Mr. Garfield voting no {Globe, 41st Cong., 2d sess., p. 3958). 
 
 Mr. Maynard moved to reconsider the vote. 
 
 Mr. Allison moved to lay that motion on the table. 
 
 The motion was lost, Mr. Garfield voting yea {Globe, 2d sess., p. 3959). 
 
 The bill was then recommitted to the special committee, wliere it slept the sleep 
 that knows no waking. 
 
256 GAKFIELD AGAINST THE DISTILLERS OF HIS OWN STATE. 
 
 GARFIELD AGAINST THE DISTILLERS OF 
 HIS OWN STATE. 
 
 On the 21st of January, 1878, Mr. Blackburn introduced a joint resolution (H. 
 R, No. 90) extending the time for the withdrawal of distilled spirits then in bond, 
 until July first of the same year. The resolution was referred to the Committee of 
 Ways and Means, and ordered to be printed. 
 
 At that time there was great agitation throughout the country on the subject of 
 the reduction of the tax on distilled spirits. The subject was pending in the 
 Committee of Ways and Means, and what their action would be was problem- 
 atical. Meantime persons interested in distilling spirits and holding spirits in 
 bond then under a limitation for one year, were in a disagreeable predicament. All 
 the whisky that had then been in bond for one year had to be drawn out from 
 month to month during the period of this agitation, with the prospect impending 
 of a reduction on the tax. The distiller who was thus forced to withdraw was 
 also compelled to pay a tax of 90 cents per gallon, with the market falling on him 
 in view of the anticipated reduction of the tax. In consequence he was required 
 to pay so heavy a tax, that it withdrew that amount of his capital to be bestowed 
 upon a product that he could not get a sale for. There was danger that a large 
 number of distillers, from whom the government was deriving a very large 
 part of its revenue, would go under in view of these conditions. The abstraction 
 of a large portion of the capital invested from this industry to pay the tax, had 
 the effect to cause many distilleries to stop running, and there was a prospect that 
 many more of the largest distilleries would have to suspend operations. The re- 
 duction in the production would be followed by a corresponding reduction in the 
 revenue receipts, and the receipts of the government were likely to be seriously 
 affected unless Congress passed the measure proposed at once. 
 
 The Commissioner of Internal Revenue foreseeing what was likely to occur, 
 actually drew up the resolution above referred to, and urged its immediate passage 
 as a measure of necessary relief. 
 
 Two days after its introduction it was placed on the House Calendar, and was 
 called up by Mr. Tucker of Virginia. 
 
 In the discussion which took place upon it Mr. Garfield said : 
 
 I appreciate all that the gentleman from Virginia [Mr. Tucker] has said in regard to the serious 
 effect upon the business of the country of any threatened change in our revenue laws. Such a 
 change always produces a very serious effect. What he has said on this particular resolution is but 
 one out of many examples of the serious effect produced when the manufacturers of the country 
 are in anticipation of some great and sweeping change, uncertain as yet but probable to come upon 
 their various interests. I think, however, that no wise or just consideration of revenue can prop- 
 erly take out one from the whole mass of our industries and give it exceptional advantages, as this 
 joint resolution proposes to give to the manufacturers of distilled spirits. If this joint resolution 
 be passed and is followed up by a reduction of the tax on whisky, that will amount substantially 
 to this : that all the whisky now m existence and the tax upon which it is suspended under the 
 operation of this joint resolution until the lat of July next, will escape the present rate of taxation. 
 
GARFIELD AGAIXST THE DISTILLERS OF HIS OWN STATE, 257 
 
 and will pay only the reduced rate when it comes. * # * There will be offered 
 
 when we come to the discussion under the five minutes' rule, an amendment which, if the House is 
 willing to adopt it. will settle all this at once. I believe we ought not to reduce the taxes at all., and, 
 therefore, we ought not to pass this resolution {Cong. Record, 45th Cong., 2d sess., p. 574). 
 
 Mr. Sayler caused to be read a letter from the Commissioner of Internal Revenue 
 
 advocating the passage of the resolution, in which that official said : 
 
 The question of reducing the tax on spirits has already largely affected the withdrawal of spirits 
 for sale, and is seriously affecting the business interests involved. It occurs to me as a very proper 
 thincj to do, pending the discussion of this question of reducing the tax, to give distillers the option 
 of allowing their products to remain in bond. 
 
 The resolution was debated at some length, and was again taken up on the 30th 
 of January. In the meantime various amendments had been submitted. 
 
 Mr. Banning submitted a telegram from distillers of Cincinnati paying $6,000,- 
 000 a year taxes on distilled spirits, urging the passage of the joint resolution. 
 
 A substitute was offered to strike out all after the enacting clause and insert in 
 lieu thereof, "that the reduction of the tax on distilled spirits is inexpedient." 
 This substitute was adopted, Mr. GtArfield voting yea (Cong. Record, 45^.^ 
 Cong., 2d sess., p. 680). 
 
 The resolution as amended was adopted. 
 
258 gbnejBAL gakfi:bld and Chinese immijgkation". 
 
 GENERAL . GARFIELD AND CHINESE 
 IM-MIGRATION. 
 
 On the subject of Chinese immigration, which is of such vital importance to 
 
 the people of the Pacific Coast, Garfield is as usual Janus-faced. His record as a 
 
 member of Congress is in direct conflict with his letter of acceptance. In his 
 
 letter of acceptance, dated July 12, General Garfield says : 
 
 The material interests of the country, the traditions of its settlement and the sentiments of our 
 people have led the government to offer the widest hospitality to emigrants who seek our shores for 
 new and happier homes, willing to share the hurdens as well as the benefits of our society, and 
 intending that their posterity shall be an indistinguishable part of our population. The recent 
 movement of the Chinese to our Pacific coast partakes but little of the qualities of such an emigra- 
 tion, either in its purposes or its results. It is too much like an importation to be welcomed with- 
 out restriction; too much like an invasion to be looked upon without solicitude. We cannot con- 
 sent to allow any form ol servile labor to be introduced among us tinder the guise of immigration. 
 Recognizing the gra-vity of this subject, the present administration, supported by Congress, had 
 sent to China a commission of distinguished citizens for the purpose of securing such a modification 
 of the existing treaty as will prevent the evils likely to rise from the present situation. It is confi- 
 dently believed that these diplomatic negotiations will be successful, without ,llie lose of commer- 
 cial intercourse between the two powers, which promises a great increase of reciprocal trade and 
 the enlargement of our markets. Should these efforts fail, it will be the duty of Congress to miti- 
 gate the evils already felt and prevent their increase by such restrictions as without violence or inj".s- 
 tice will place upon a sure foundation the peace of our communities and the freedom and dignity 
 of labor. 
 
 Two letters of acceptance by General Garfield have been published; one of 
 them was printed — presumably before it was revised — July 11, in all the daily 
 papers of Ohio, and was dated July 10. In this one he says of Chinese immigra- 
 tion : 
 
 The question of Chinese immigration is a living and leading topic of the social and political 
 economy of the states of the Pacific. While, as a representative of an Ohio constituency I voted 
 against Chinese proscription, in response to a public sentiment that every representative should be 
 bound to respect, my views as a citizen of the Republic of States, are not compromised thereby. I 
 have given this subject much thought and careful investigation, and am convinced that a servile 
 race, emigrating to this country, not to become citizens, but merely for mercenary gain, should, in 
 accordance with the sentiment expressed in our platform, be restrained from landing upon our 
 shores or invading our territory. Nor can it be argued that citizenship is due the Chinese as much 
 as the children of the continent of Africa. The African makes this country his home. The Chinese 
 refuses either to become a citizen, or to assimilate himself into our social and political fabric. 
 
 On the 7th day of January, 1879, the Speaker laid before the House a letter from 
 
 the Secretary of State of Oregon, transmitting a memorial of the legislature of 
 
 that state relative to Chinese immigration, which was referred to the Committee 
 
 on Education and Labor. The petition was ordered to be printed in the Record, 
 
 and is in substance as follows : 
 
 The Legislative Assembly of Oregon represent that the continued immigration or importation of 
 Cooly slaves or Chinese laborers into that State is a violation of treaty stipulations, which provide 
 that such immigration shall be voluntary, an{L is a very serious injury to the laboring classes of the entire 
 Pacific coasts by the reduction of wages to starvation prices; that such importation tends to drive 
 white and all other free labor out of our country, and ultimately comjyel alt who subsist by manual 
 lahw to the alternative of thoosing between starvation and crime. The petition also states that at 
 least 75 per cent, of all the earnings of said Chinese, or Cooly, slave labor, instead of being in our 
 midst, is sent to China never to return, thus withdrawing the coin from our country and rapidly 
 diminishing our circulating medium, to the great injury of the best interest of the entire Pacific 
 coast. That such labor does not contribute to the wealth and prosperity of the country by the acqui- 
 
GENERAL GARFIELD AND CHINESE IMMIGRATION. 259 
 
 sition of property and the payment of taxes, but, by pauperism and crime, are a continnal source of 
 expense to the country and municipalities of the Pacific coast states. That the Burlingame treaty 
 of 1868 has never been maintained on the part of China in accordance with its intent and meaning. 
 The right of migration and immigration which it recognizes was to be entirely voluntary, and to be 
 exercised in view of expatriation. That the Chinese have no right to be admitted under the circum- 
 stances under which they come— that is to say, in hordes and m a condition of semi-slavery, and 
 obligated to perform a term of servitude. That the privilege accorded to contracting parties was 
 upon condition that the immigration to either country by the subjects or citizens of the other should 
 be a voluntary act. That China has utterly failed to have this condition observed; therefore, the 
 memorialists pray Congress to modify the treaty referred to so as to stop the imi)ortation of Chi- 
 nese and other Asiatic laborers to the Pacific coast (^Record, 45th Cong., 3d sess.,p. 361). 
 
 Immediately after the ratification of the Burlingame treaty between the United 
 States and China, the so-called Chinese Six Companies of California was organized 
 with a view to speculating in the labor of the Asiatic races. In a short time their 
 operations assumed majestic proportions, and a regular system of peonage, similar 
 to that now existing in Mexico, was established, the Six Companies enjoying the 
 profits of the contracts made with the coolies for a term of years. Thus in a few 
 years the labor system of the Pacific coast states was completely revolutionized ; 
 the Mongolian people, subsisting on a few cents a day, could starve American free 
 laborers and drive American competition entirely out of the field. This state of 
 things has produced its logical results in California, Oregon, Nevada, and the 
 Pacific coast territories, and is the source of the existing volcanic condition of labor 
 all along that coast to-day. 
 
 THE BILL TO RESTRICT CHINESE IMMIGRATION. 
 
 On the 14th of January, 1878, Mr. Wren, of Oregon, introduced a bill to restrict 
 the immigration of Chinese to the United States. This bill prohibited the master 
 of any vessel from taking on board at any port of China, or other foreign 
 port or place whatever, more than ten Chinese passengers with intent to bring 
 such passengers to the United States, or from bringing on any one voyage more 
 than ten such passengers within the jurisdiction of the United States, under 
 penalty, on conviction, of payment of one hundred dollars fine for each such pas- 
 senger in excess of ten, so brought within the jurisdiction of the United States, 
 with imprisonment six months, in the discretion of the court. The bill also pro- 
 vided penalties, imposed liens on the vessels violating the act, and subjected them 
 to libel in any competent court of the United States. It also prohibited our con- 
 suls in China from granting certificates for more than ten Chinese passengers on 
 any one vessel. 
 
 On the same day, in 1879, Mr. Willis, of Kentucky, reported this bill back to 
 
 the House from the Committee on Education and Labor, with amendments, and 
 
 it was ordered to be printed and made the special order for the 28th of January. 
 
 On the day named, Mr. Willis called up the bill for consideration, and it was read. 
 
 After some preliminary skirmishing, the report of the committee on the bill was 
 
 read. The report discusses the question whether it is in the power of Congress to 
 
 repeal a treaty ; dealt with the obnoxious features of the Burlingame compact, and 
 
 the evils complained of under them, and concluded in the following language: 
 
 "That these complaints are not without cause cannot, upon the evidence, be doubted. Your \/ 
 Committee, in a report accompanying joint resolution, H. R.'No. 123, at the second session of this 
 Congress, endeavored to present what seemed to them some insuperable objections to Chinese im- 
 migration. Further examination of facts only confirms tht* conclusions therein stated. This whole 
 question is not one of right, but of policy. There is no principle upon which we are compelled to 
 receive into our midst the natives of Asia, Africa or any other part of the world. The character, 
 sources and extent of immigration should be regulated and controlled with reference to our own 
 wants and welfare. The difficult problems, economic and political, resulting from the presence of 
 the red and black races would be renewed in a more aggravated and dangerous form by the yellow 
 race. The Mongolian, unlike the Indian, is brought in daily contact Avith our social and political 
 life; and, unlike the African, does not surrender any of his marked peculiarities by reason of that 
 contact. It is neither possible nor desirable for two races as distinct as the Caucasian and Mongo- 
 lian to live under the same government without assimilation. The degradation or slavery of one or 
 the other would be the inevitable result. Homogeneity of ideas, and of physical and social habits, 
 
260 GENERAL GARFIELD AND CHINESE IMMIGRATION. 
 
 are essential to national harmony and progress. Equally grave objections may be nrged against the 
 Chinese from an industrial standpoint. Our laboring people cannot and ought not to be subjected 
 to a comi)etition which involves the surrender of the i^acred and elevating influences of homeTand 
 the sacrifice of the ordinary appliances of personal civilization. The question, therefore, is not one 
 of competition, but of a substitution of one kind of labor for another. 
 
 No self governing country can afford to diminish or destroy the dignity, the welfare and inde- 
 pendence of its citizens. Justice to the people of the Pacific Slope, the dictates of common hu- 
 manity and benevolence, as well as the plainest suggestions of practical statesmanship, all demand 
 that the prob'em of Chinese immigration shall be solved while it is yet wathin the legislative control. 
 " Governed by these views, your committee present and recommend the passage of the bill ac- 
 companying this report." 
 
 TliG bill was then debated, and the amendments considered and agreed to, and 
 the question recurring on engrossing and third reading, Mr. Garfield proposed an 
 amendment to prevent the bill from going into effect until the Chinese empire 
 be apprised of the termination of the treaty. Mr. Garfield characterized the bill' 
 as one merely for party capital. 
 
 The amendment was declared to be out of order. 
 
 The motion to engross and pass to a third reading was agreed to, and it was 
 read a third time. On its passage, under a call of the yeas and nays. Gen. Gar. 
 FIELD DODGED. It was passed, however, by 155 yeas to 72 nays {Recoi'd^ A6th 
 Cong., ddsess.,2y- 801). 
 
 The Senate considered and passed the bill on the 15th of February, and it came 
 back to the House with amendments. ^, 
 
 Mr. Willis moved to take it from the Speaker's table and concur in the Senate amendments. 
 This was agreed to. 
 
 Mr. Garfield: I reserve the right to demand separate votes on the amendments. 
 
 The previous question was seconded and the main question ordered. 
 
 Mr. Willis moved to reconsider the vote by which the main question was ordered, and also 
 moved that the motion to reconsider be laid on the table. 
 
 This motion was agreed to. 
 
 Mr. Garfield: I call for separate votes on each amendment of the Senate. 
 
 A motion was made to lay the bill and amendments on the table. This motion was lost by 95 
 yeas and 140 nays. Mr. Garfield voted tka {Becord, 45th Cong., M se8S.,p. 1796). 
 
 The Senate amendments were then concurred in. 
 
 The bill then went to the President, who, on the 1st day of March, returned it 
 to the House unapproved and accompanied by a veto message. After the mes. 
 sage was read, the question was, "Will the House, on reconsideration, pass this 
 bill, notwithstanding the objection of the President ? The yeas and nays were 
 ordered, and the result was yeas 110, nays 9G. Two j;hird3 not voting in the af- 
 firmative, under the constitutional provision the bill stood rejected. Gen. Gar- 
 itELD VOTED NAY (Hecord, AiitJi Cong., Sd aess., p. 2277), thus clenching his 
 opposition to the passage of the bill, and illustrating his disrespect for the dignity 
 and humanity of American labor, his contempt for the working n.an of his own 
 race, and his willingness to force white American free laborers into competition 
 for their daily bread with a race that knows no God, no morality and no obliga- 
 tions of social decency. 
 
 MR. GARFIELD IS THE EXPONENT OP HIS PARTY ON THE CHINESE QUESTION. 
 
 It is plain from the foregoing, that the administration of Mr. Hayes and the 
 Republican party of the United Stales, stand squarely upon the doctrine enun- 
 ciated in the votes of Mr. Garfield in the House upon the bill to restrict 
 Chinese immigration. This is plainly demonstrable from the tone of the veto 
 message of Mr. Hayes, who in it speaks for the party that made him President 
 by monstrous fraud. Mr. Hayes in his veto message says: 
 
 A denunciation of a treaty by any government is, confessedly, justifiable only upon some reason 
 both of the highest justice and of the highest necessity. * * * As the power of 
 
 modifying an existing treaty, whether by adding or striking out provisions, is a pa:.-t of the treaty 
 
 making power under the Constitution, its exercise is not competent for Congress, nor would the 
 assent of China to this partial abrogation of the treaty make tiie action of Congress, in thus pro- 
 curing an amendment of a treaty, a competent exercise of authority under the Constitution. The 
 importance, however, of this special consideration seems superseded by the princijjk? that a denun- 
 ciation of a part of a treaty, not made by the terms of the treaty itself separable from the rest, is a 
 
GENERAL GARFIELD AXD CHINESE IMMIGRATION. 261 
 
 dennticiation of the whole treaty. • As the other hij^h contracting party has entered, into no treaty 
 obligations, except such as include the part denounced, the denunciation by one party of the part, 
 necessarily liberates the other party from the whole treaty. 
 
 , I am convinced that, whatever urgency mi^ht, in any quarter or by any interest, be supposed to ' 
 require ah insUmt suppression of further immigration from China, no reasons can require the im- 
 mediate withdrawal of our treaty protection of the Chinese already in this country, atul no circum- 
 stances can tolerate an exposure of our citizens in China, merchants or missionarifes, to the conse- 
 quences of so sudden an abrogation of their treaty protections. Fortunately, however, the actual 
 recession in the flow of the emigration from China to the Pacific coast, shown by trustworthy statis- 
 tics, relieves us from any apprehension that t/ie treatment of the subject in tfie proper course of diplo- 
 matic negotiations will introduce any new features of discontent or disturbance among the com- 
 munities directly affected. Were such delay fraught with more inconveniences than hate ever been 
 ' suggested by tfie interests most earnest in promoting this legislation, I cannot but regard the summary 
 disturbance of our existing treaties with China as greatly more inconvenient to much wider and 
 ■nuyre permanent interests of the country. 
 
 It is rendered still plainer when shown as below, that the great apostle of the 
 Republican party, tlic man who maintained to the day of his death absolute leader- 
 ship of the Republican organization, and who, when he spoke, never failed to 
 indicate the line of political procedure for the party; gave utterance to senti- 
 ments so pronounced in advocacy of the promiscuous influx of Chinese on our 
 shores, as to shock the moral sense of every enlightened American. 
 
 HON. OLIVER p. MORTON 
 
 was chairman of a joint select committee of the two Houses, to investigate the 
 Chinese question, appointed in 1876, and which during the summer of that year 
 sat at the Palace hotel in San Francisco long enough to compile a volume of 
 testimony making 1,281 printed octavo pages. This testimony was presented to 
 the Senate by Mr. Sargent, one of its members, on the 27th of February, 1877. 
 Mr. Sargent made the report on account of the then illness of Senator Morton, 
 who subsequently gave notice that he would at a future day submit some re- 
 marks to the Senate on the Chinese question. He did not live long enough to • 
 realize the intention indicated in person; but he left behind him the written 
 manuscript on that subject which he had prepared, and which was, on the 17th 
 of January, 1878, referred to the Senate Committee on Foreign Relations, and 
 ordered to be printed to accompany the report which had been made by Mr. 
 Sargent, his colleague on the committee. Thus the views of that chief apostle 
 of the Republican party speak to-day to the people of California and the country 
 as from the grave. \ 
 
 The pamphlet quoted from is Senate Miscellaneous Document No. 20, 2d ses- 
 sion, Forty fourth Congress, and is entitled 
 
 "views op the LATE OLIVER P. MORTON 
 
 on the character, extent and effect of Chinese immigration to the United States." 
 
 In thiig document, Mr. Morton starts out with the doctrine that: 
 
 A cardinal principle in our government, proclaimed in the Declaration of Independence, in the 
 Articles of Confederation, and recognized by our Constitution, is, that our country is open to 
 immigrants from all parts of the world; that it was to be the asylum of the oppressed and unfor- 
 tunate. It is true that when the government was formed, and for nearly three-quarters of a cen- 
 tury, no immigration was contemplated except from nations composed of white people; but the 
 principles upon which we professed to" act, and the invitation we extended to the \iox\A, cannot 
 and ought not to he limited or controlled by race or color, nor by the character of the civilization of 
 the codntries from which immigrants may come. Among the nations of ^urope, civilization widely 
 varies, conflicting in many Important particulars, and differing greatly in degree. Nor sJumld the 
 operation oftJiese irrinciples be limited on accoimt of the religious faith of nations. Absolute relig- 
 ious toleraiion was regarded by our fathers as of vital importance. Kot only were the different 
 sects of Christians to oe tolerated, but the deists, atheists, the Mahommedan and the Buddhist were 
 to be free to express and enjoy their opinions. 
 
 Further along Mr. Morton discourses thus: 
 
 As to all other rights of foreigners coming to our shores to work, to trade, or to live and acquire 
 property, we have never made any distinction. To do that now would be a great innovation upon 
 the policy and traditions of the government, and would be a long step in the denial of the broth- 
 erhood of man and the broad, humanitarian policy inaugurated by our fathers. 
 
 The limitation of the right to become naturalized to white persons was placed in the law when 
 slavery was a controlling influence in our government, was maintained by the power of that insti 
 
262 GENERAL GARFIELD AND CHINESE IMMIGRATION. 
 
 tntion, and is now retained by the lingering prejudices growing ont of it. After having abolished 
 slavery and by amendments to our Constitution and the enactments of various statutes establish- 
 ing the equal civil and political rights of all men, without regard to race or color, and, at a time 
 when we are endeavoring to overcome the prejudices of education and of race, and to secure to 
 colored men the equal enjoyment of their rights, it would be inconsistent and unsound policy to 
 renew and reassert the prejudices against race, and another form of civilization by excluding the 
 copper-colored people of Asia from our shores. It would be again to recognize the distinctions of 
 race and to establish a new governmental policy upon the basis of color and a different form of 
 civilization and religion. In California the antipathy to the Mongolian race is equal to that which 
 was formerly entertained in the older states against the negro; and although the reasons given for 
 this antipathy are not the same, and the circumstances of its exhibition are different, still, it be- 
 longs to the family of antipathies springing from race and religion. 
 
 TENDER CONSIDERATION FOR THE HEATHEN CHINEE. 
 
 As Americans, standing upon the great doctrine to which I have referred, and seeking to edu- 
 cate the masses into their belief, and charged with the administration of the laws by which equal 
 rights and protection shall be extended to all races and conditions, we cannot now safely take a 
 new departure, which, in another form, shall resurrect and re-establish those odious distinctions 
 of race which brought upon us the late civil war, and from which we fondly hoped that God in his 
 providence had delivered us forever. If the Chinese in California were white people, being in all 
 other respects what they are, I do not believe that the complaints and warfare made against them 
 would have existed to any considerable extent. Their difference in color, dress, manners, and re- 
 ligion have, in my judgment, more to do with this hostility than their alleged vices or any actual 
 injury to the white people of California. The inquiry which the committee were instructed to make 
 does not involve the political rights or privileges of the Chinese. As the law stands, they cannot 
 be naturalized and become citizens; and I do not know that any movement or proposition has been 
 made in any quarter recently to change the law. But the question is, whether they shall be per- 
 mitted to come to our country to work, to engage in trade, to acquire property, or to follow any 
 pursuit. 
 
 But before entering upon the discussion of any other principles, I may be permitted to observe 
 that, in my judgment, the Chinese cannot be protected in the Pacific States while remaining in their 
 alien condition. Witfwut representation, in the legislature or Congress, without a voice in the selec- 
 tion of oncers, and surrounded by fierce and, in many respects, unscrupulous enemies, the law will 
 befouna insufficient to screen them from persecution. Complete jtrotection can be given them only by 
 avowing them to become citizens and acquire the right of suffrage, when their votes would become im- 
 poT'tanciJi elections, and their persecutions, in great part, converted into kindly solicitation. 
 
 But in his solicitude for injecting this race of Joss worshippers, among Ameri- 
 cans, and making them citizens, Mr. Morton betrays his adherence to another pet 
 Republican dogma, to wit : Tliat of undeviating hostility to American commerce, 
 and an anxiety and fear that, by restricting the exodus of Chinese from their na- 
 tive shores, we shall interfere seriously with the dominancy of the British carry 
 ing trade. In this connection he says : 
 
 TENDER CONSIDERATION FOR BRITISH COMMERCE. 
 
 In considering any proposition to prohibit Chinese immigration, or to limit it, we must bear in 
 mind the fact, fully cPtabhshed by the evidence, that the Chinese landing upon our Pacific coast 
 come entirely from the British port of Hong Kong. Though subjects of the Chinese Empire, they 
 embark at a British port, and in that respect are invested with the rights of British subjects, and 
 in any legislation or treaty by which we would propose to limit or forbid the landing upon our 
 shores, of Chinamen, or any other class of people embarking at a British port, we must deal with 
 the British Government, and not that of China. With the laws of England, or the marine regula- 
 tions by which the people of China are permitted to enter a British province and to embark from a 
 British port, we have nothing whatever to do: but it is quite clear that any legislation of ours 
 which would interfere with the landing upon our shores of any class of people embarking at a 
 British port, whether they be Chinese or Japanese subjects, would be an interference with the 
 trade and commerce of that port. It may be an important commercial matter to Great Britain 
 that the port of Hong Kong shall be open to the reception of people from China or any other part 
 of the world who propose to emigrate to the United States or any other country, and if we cut off 
 such emigration, in whole or in part, it is not an interference with the Government of China, for 
 which we should answer to that government, but with the Government of England. Our refusal 
 to permit a Chinaman to land, who had embarked at a British port upon a British vessel, would 
 certainly be a question with the English government, and not with that of China. 
 
 THE HEATHEN CHINEE AS GOOD AS ANYBODY. 
 
 The following excerpts from this interesting pamphlet will give the intelligent 
 reader an idea of Mr. Morton's honest opinion of the moral and religious condi- 
 tion and capacities for equal citizenship with Americans the race of men 
 whom he was willing to make voters, and to endow with every other right now 
 possessed by the American people : 
 
 The intellectual stagnation in China is the result of their institutions. The minds of men have 
 been diverted from science and the arts to the endless ceremonies and ritual of innumerable gods. 
 It was said long ago that " no people can rise above the plane of the gods they worship"; and 
 Chinese civilization long ago rose to the level of the gieods. 
 
GEXERAL GARFIELD AlffD CHINESE IMMIGRATION. 263 
 
 Nearly all of them upon their arrival become members of one or the other of the Six Companies 
 in San Francisco, for which they pay an initiation fee, and through that they do their business, 
 make their contracts for labor, make remittances to China, deposit their money, and make arrange- 
 ments for the return of their bones to China, ehould they die. 
 
 A few families have come, but nearly all the men are unmarried. About five thousand Chinese 
 women have come, the most of them prostitutes, imported by procurers, who manage and dispose 
 of them on their arrival. 
 
 ************* 
 
 A vice to which they are peculiarly addicted is gambling. This they carry on extensively. 
 :|c * *"^* * * * * * * * * # 
 
 A common vice with them is perjury in the courts. The testimony shows them in many in- 
 stances to have very imperfect conceptions of the obligations of an oath. They are in every respect 
 free men, and no form or semblance of slavery or serfdom exist? among them. But it is also true that 
 their prostitutes are imported as slaves, and are often bought and sold for that purpose in San 
 Francisco. It is, of course, a voluntary bondage in this country, but it is submitted to by the miser- 
 able beings, who are helpless and defenceless among strangers, and must submit to the will of their 
 masters for the mere matter of existence. In many cases Chinamen who buy them live with them 
 as wives and raise families. Labor must needs be free, and have complete protection, and be left 
 open to competition. Labor does not require that a price shall be fixed by the law, or that men 
 who live cheaply, and can work for lower wages, shall for that reason, be kept out of the country 
 
 BAYARD TAYLOR'S TESTIMONY. 
 
 But the testimony of another distinguished Republican politician, scholar and 
 political writer may also be given, to show the character and moral attributes of 
 a race whom Mr. Morton and the Republican party were willing to see placed on 
 an absolutely political and social equality with American citizens. 
 
 Mr. Bayard Taylor, lately deceased, at the time of his death American Minister 
 
 at the German Empire, in his work on India, China and Japan, published in 
 
 1855, says : 
 
 "It is my deliberate opinion that the Chinese are, morally, the most debased people on the face 
 of the earth. Forms of vice, which in other countries are barely named, are, in China, so common 
 that they excite no comment among the natives. They constitute the surface-level, and below them 
 are deeps of depravity so shocking and horrible that their character cannot even be hinted. There 
 are some dark shadows in human nature which we naturally shrink from penetrating, and I made 
 no attempt to collect information of this kind ; but there was enough in the things which I could 
 not avoid seeing and hearing— which are brought almost daily to the notice of every foreign resi- 
 dent—to inspire me with a powerful aversion to the Chinese race. Their touch is pollution ; and, 
 harsh as the opinion may seem, justice to our own. race demands that they should not be alloioed to 
 settle on our soil. Science may have lost something, but mankind has gained, by the exclusive pol- 
 icy which has governed China during the past centuries." 
 
 All the above is Republican testimony ; and it was to impose upon the millions 
 
 of American citizens who have their homes on the Pacific coast the infliction of 
 
 a people such as is described and testified to in the extracts made, that General 
 
 Garfield consented, when he voted against Mr. Wren's bill ; that Mr. Hayes 
 
 consented, when he vetoed that bill ; and that the Republican party of the United 
 
 States, including Mr. Garfield, consented, when it sustained that veto in the 
 
 House of Representatives. 
 
264 MR. Garfield's opposition to foreigners. 
 
 DUTY ON PRINTIICt PAPER, 
 
 On the 3d day of March, 1865, Mr. Garfield voted in favor of increasing the 
 duty on printing paper from three to fifteen per cent, ad valorem. The bill, as it 
 passed the House, fixed the duty on paper used exclusively for hooks and newspapers 
 at three per cent. When the bill went to the Senate the following amendment 
 was adopted : 
 
 " There shall be levied, collected and paid, a duty of fifteen per cent, ad 
 Talorem." 
 
 Mr. Washburne mov^ed to concur in the Senate amendment, and demanded the 
 previous question. 
 
 Mr. Holman called for the yeas and nays, and the question was decided in the 
 negative — yeas 53, nays 67. Mr. Garfieh> recording his vote in the affirmative. 
 
 Thereupon Mr. Farnsworth moved to lay the amendment on the table, and on a 
 call of the yeas and nays the motion was lost — yeas 46, nays 63. 
 
 Again Mr. Garfield stood by the monopolists by voting nay {Cong. Globe, dStli 
 Cong., 2d sess., p. ). 
 
 MR. GARFIELD'S OPPOSITION TO FOREIGNERS. 
 
 On the 8th of March, 1867, at the first session of the Fortieth Congress, Mr. 
 Fernando Wood asked unanimous consent to offer the following resolution: 
 
 Resolved, That this House extends its sympathy to the people of Ireland in 
 their pending struggle for constitutional liberty. If the despotic governments of 
 Europe shall be allowed to establish monarchical institutions in America, so 
 should the United States foster and promote the extension of republican institu- 
 tions in Europe. 
 
 Mr Broomall (Rep.) objected. The motion was then to suspend the rules to 
 enable the resolution to pass. The question was taken, and there were 104 yeas 
 and 14 nays. Thirteen of those who voted nay were Republicans, and James A. 
 Garfield was one of that number. 
 
 In the C'ongressioruil Olobe, April 17, 1871, first session, part 2, page 735, will 
 be found the following: 
 
 Mr. Kinsella: 1 move a suspension of the rules and the adoption of the follow- 
 ing resolution, which I send to the desk. 
 
 Whereas, a conference is now being held between joint high commissioners 
 representing the government of the United States and that of Great Britain; 
 and. 
 
 Whereas, it is expected and desired that the several questions which keep up 
 unkind feeling between the people of the respective countries shall be settled 
 through the labors of such joint high commissions; and 
 
 Whereas, the prolonged incarceration in the prisons of the Dominion of Can- 
 ada of persons accused of violating the neutrality laws is a source of irritation 
 to a large number of American citizens ; therefore, 
 
 Resolved, That the President of the United States be respectfully requested to 
 have the case of such persons presented before such joint high commission, to 
 the end that their release may be effected. 
 
 James A. Garfield objected, and voted against the passage of this strictly just 
 resolution, showing thereby his hatred not alone of the unfortunate Fenian pris- 
 oners referred to in the resolution, who were confined in Canadian dungeons 
 for more than five years, but of the whole Celtic race. 
 
GENERAL GARFIELD S RELIGIOUS INTOLERANCE. 265 
 
 GENERAL GARFIELD'S RELIGIOUS INTOLERANCE. 
 
 The Sundry Civil Appropriation Bill of first session, Forty -third Congress, 
 came back from the Senate to the House, with a number of amendments, among 
 which was one giving the sura of $25,000 to a Catholic Institution in Washington, 
 called "The Little Sisters of the Poor." 
 
 Mr. Garfield opposed the appropriation, because it was to aid an association 
 strictly sectarian. He said that no woman not a Catholic could be a corporator 
 in this charity. 
 
 Mr. Butler, of Mass., made the point that there could not be a Catholic in the 
 Women's Christian Association of Washington, a Protestant organization, for 
 which a similar amount had been appropriated. 
 
 Mr. Garfield, said: 
 
 The association known as the " Woivien's Christian Association," does not as such belong to any- 
 church. The members of that corporation are from various churches. But here is an association 
 whose very title, " Little Sisters of the Poor," is, as I understand, descriptive of an order within 
 the Catholic Church. Here is an organization composed exclusively of people of one religious de- 
 nomination. Under its charter the members are wholly and only of one religious sect, and of one 
 society within that religious sect. 
 
 After brief debate in which Messrs. Hoar and Butler, of Mass. ; Cessna, of Pa. ; 
 and Parker, of Missouri, took ground in favor of the appropriation, the amend- 
 ment was agreed to notwithstanding the opposition of Mr, Garfield {see 
 Hecord, 43d Cong., l8tsess.,p. 5584). 
 
266 CIVIL TE^IURE — IMPEACHMENT. 
 
 CIVIL TENME-IMPEACHMENT. 
 
 Mr. Garfield first voted against the impeachment of Andrew Johnson, but after- 
 wards repented, and became a furious advocate of impeachment. He had sup- 
 ported the Tenure-of-Offlce Act of March 3, 1867, and held that Andrew John- 
 son deserved to be impeached and turned out of the presidential office for violat- 
 ing that law in removing Edwin M. Stanton, and appointing Lorenzo Thomas to 
 serve in his place, as Secretary of War. For seventy-five years the Presidents of 
 the United States had exercised the power of appointing and removing the mem- 
 bers of their Cabinets, and subordinate executive and ministerial oflicers. This 
 power was conferred by the Constitution, and had always been so recognized by 
 Congress. But when the Republican majority in the Thirty-ninth Congress dis- 
 covered that Andrew Johnson was opposed to the policy of perpetuating disunion 
 by keeping the states of the South in subjection to the will of lawless military up- 
 starts, it was proposed to strip the President of all power to aid in restoring and 
 upholding constitutional government. The Tenure-of-Office Act was the first 
 attempt in this direction. It was designed to prevent the removal, by the Presi- 
 dent, of any officer, for any cause, who was devoted to the scheme of perpetuat- 
 ing the ascendancy of the Republican party. 
 
 The best legal minds of the country regarded that law as unconstitutional. The 
 Attorney-General of the United States at the time so regarded it. Even Edwin 
 M. Stanton, the Secretary of War, and a member of Mr. Johnson's Cabinet at the 
 time the act was passed advised Mr. Johnson that it was unconstitutional, and 
 that it was his duty to veto it. President Johnson having made the removal, 
 solemnly declared, in a message to the Senate, that his object was to place the 
 question in such shape that it could be submitted to the courts for decision. If 
 Mr. Johnson can be blamed at all in the matter of this removal of Stanton, it is 
 that he delayed it too long; but his desire to submit the question thus raised to 
 judicial determination, deserves the applause of every honest citizen. 
 
 Mr. Garfield trimmed his sails to the wind very closely in discussing civil 
 tenure and impeachment. Of course, he would not have favored the impeach- 
 ment of Johnson, if the then acting Vice-President had been a Democrat The ob- 
 ject of that stupendous farce was to place Ben Wade in the White House, and 
 turn over to the Radical party all the offices of the country, and the whole power 
 of every department of the government. Mr. Garfield found it convenient to 
 abandon, for the time being, his cherished doctrine that the administration was 
 the government. To sustain impeachment it was necessary to set up the theory 
 that Congress was the government, whose supreme will Mr. Johnson had not recog- 
 nized with the alacrity required by the Republican managers. 
 
 CIVIL TENURE. 
 
 Mr. Butler introduced a bill (H. R. No. 3), to repeal the act of March 2d, 1867, 
 
CIVIL TENURE — IMPEACHMENT. 267 
 
 entitled " An Act Regulating the Tenure of Certain Civil Officers." The bill was 
 passed without debate under the operation of the previous question, and on the 
 call of yeas and nays on its passage, Mr. Garfield dodged (Globe, 41st. Cong., 
 Istse8s.,p. 40). The bill went to the Senate, where various propositions were 
 made, all of which finally resolved themselves into the passage, by that body, of 
 a substitute, to amend the Civil Tenure Act, by repealing the first and second 
 sections, and substituting in their place two sections of the following purport : 
 
 1st. That every person holding any civil office, or to which he may hereafter 
 be appointed by and with the advice and consent of the Senate, shall be entitled 
 to hold such office during the term for which he shall have been appointed, unless 
 sooner removed by and with the advice and consent of the Senate, &c. 
 
 2nd. Giving the President power during any recess of the Senate to suspend 
 any civil officer, (except judges of the United States Courts,) until the end of the 
 next session of the Senate, and to designate some one to perform the duties of 
 such suspended officer in the meantime ; and thirty days after the commencement 
 of each session of the Senate to nominate persons to fill all vacancies in office 
 which existed at the meeting of the Senate, whether temporarily filled or not, and 
 also in the place of all officers suspended, and in case of the refusal of the Senate 
 to advise and consent to an appointment in place of any suspended officer, then, 
 and not otherwise, the President was given power to nominate another person for 
 the place of the officer so suspended. 
 
 WANTED TO REPEAL THE LAW FOR GRANT'S BENEFIT. 
 
 The Civil Tenure Act passed in 1867, for the purpose of preventing Andrew 
 Johnson from exercising the Presidental prerogative to remove obnoxious persons 
 from office, became a plague to the Radical Congress on the accession of Ulysses 
 S. Grant to the Presidency. Such interference with the Executive power as had 
 compelled President Johnson to retain in office, even Cabinet officers who were 
 constantly plotting with his enemies for his overthrow, was at once deemed by 
 the Radical House entirely too unjust to be exercised against Ulysses S. Grant ; 
 so the House, under B. F. Butler's domination, made haste to restore to Grant the 
 prerogative they had torn by unconstitutional legislation from Mr. Johnson. 
 
 THE SENATE WANTED TO HOLD ON TO ITS POWER. 
 
 But the Senate having experienced the advantage of being able to dictate not only 
 Executive appointments, but also Executive removals, was not willing to yield it 
 up even to gratify their idol. President Grant. Hence the amendment of that 
 body to the repeal measure of the House, whereby the Senate made it possible for 
 any officer of the Federal government, howsoever unworthy, corrupt or dis- 
 honest, to stay in office so long as he might hold sufficient influence with the 
 Senate to retain him. The Senate amendment went back to the House, and on 
 the 25th of March Mr. Butler called it up from the Speaker's table, and moved to 
 refer it to the Judiciary Committee. During the debate which followed this 
 motion Mr. Butler used this language : 
 
 In other words we have now before us a proposition to clothe the Senate with power to control 
 the appointments made by the executive. Now, 1 hold that it is against the principles of this gov- 
 ernment and against the theory of our constitution, that the executive officer of this government 
 shall be called upon to do work when he cannot control, independent of everybody else, the ap- 
 pointments of the officers to do that work. 
 
 Whv you put in a Collector of Internal Revenue and ask him to collect the taxes; and he cannot 
 do so, because there is a i)ower over him keeping unfit men in office, or giving them encourage- 
 ment that they wil. be retained in office. President Grant, the Secretary of the Treasury, the Com- 
 missioner of Internal Revenue, cannot, while thus hampered, collect your taxes and execute your 
 laws. Let us see where we are. The moment suspension takes place, then comes a quarrel, then 
 comes a struggle in every district in the United States, between the man who has been removed 
 and who hopes to get back and the man who has been appointed and who hopes to retain his place. 
 
268 CIVIL TENUEE IMPEACHMENT. 
 
 The struggle thus inaugurated vrill go on in every district for six or nine months, the effort being 
 to see which can bring the strongest influence to bear upon the Senate. 
 
 Mr, Butler who had impeached Andrew Johnson, in 1867, mainly because he 
 had resisted the operation of a law so evil in its operations, had come to think in 
 1869, what he embodied in the words above quoted. At all events, the Senate 
 amendment went to the committee, of which Mr. Butler, was chairman. 
 
 Mr. Garfield under the call of the yeas and nays voted no. 
 
 Mr. Butler entered a motion to reconsider, and then the House adjourned. 
 
 The next day (March 26th), Mr. Butler called up his motion to reconsider ths 
 vote by which the bill had been referred to the Judiciary Committee, his an- 
 nounced reason being a purpose to see if an amendment could not be made which 
 would cover the points of difference of the two Houses on it. 
 
 GARFIELD STANDS BY THE SENATE. 
 
 In the discussion which followed this motion, Mr. Garfield got the floor, and 
 
 in the course of his remarks said : 
 
 I repeat that the whole impeachment trial was based on the proposition that the President alone 
 did not possess the power of appointment or removal of any officer to whose appointment the con- 
 sent of the Senate was necessary. * * * The third article of impeachment 
 which was voted for by the geHtlemen from Massachusetts, charged directly that the President had 
 attempted to appoint and remove without consent of the Senate while that body was in session. 
 * * * Now, Mr. Speaker, this subject was argued very elaborately in this House, 
 and still more elaborately before the Senate, and this was the ground on which we planted our 
 cause, that the power of removal except by imjjeachment is not conferred in express terms cither 
 upon the President or the Senate, but that it is incident to the power of appointment and that a 
 man is removed' from office, except in cases of impeachment only by the appointment of his suc- 
 cessor, by and with the advice and consent of the Senate, the appointment so made and so con- 
 firmed incidentally working a removal. * * * ]3y(; j^g j g.jjjj before, never by 
 my vote shall Congress give up the constitutional principle, and allow to any one man, be he an 
 arujel frcnn heaven, the absolute and sole control of appointments to and removals from office in 
 this country. No feeling of pride that I belong to the House of Representatives and must there- 
 fore restrain the power of the Senate, shall keep me from doing this great act of justice and leav- 
 ing upon the statute book the substantial principle of this law. * * * i shall 
 vote against all measures to delay or seriously to modify this bill. I shall vote against non-concur- 
 rence. I shall vote to concur ixi the bill as it comes to us from the Senate {Globe Fortieth Cong., 'Zd 
 6Ci^s.,iJ/). 315,316, 317). 
 
 Mr. Garfield thus placed on the record his indorsement of the unconstitu- 
 tional principle, which was nothing less than an usurpation by the legislative 
 power of the Executive prerogative to remove Federal oflicers for cause without 
 consulting the Senate. 
 
 A CONSERVATIVE REPUBLICANS VIEWS. 
 
 Mr. Blair, of Michigan, who was a member of the same political party as Mr. 
 
 Garfield took exactly opposite ground. In the course of his remarks, Mr. Blair, 
 
 said: 
 
 I thank the gentleman from New York (Mr. Davis), for calling the attention of the House to 
 the fact that for the fir!«t time in the government of the Uuited States, the aristocratic branch of 
 the government has asserted its power in an amendment to an act which we have given them to 
 have a voice in all removals from office. It says that the President of the United States shall not 
 remove except by and with the advice and consent of the Senate, and for that amendment they 
 ask us to vote. There is the whole question. They ask us to say here to-day for the first time un- 
 der this government, no removals shall be made except by and with the advice and consent of the 
 Senate. * * * j gay tii^t i shall vote for no bill of the sort. * * * 
 
 I remember that while we come directly from the people with our commission from them, and 
 while the President comes directly from the people and brings his commission from them, the body 
 which sits at the other end of the Capitol does not come directly from the people, but from the legis- 
 latures of the states, and I shall resist as much as I can their getting this power into their hands. 
 
 After further debate, the motion to reconsider was agreed to, and the bill was 
 taken up. And on the question to non- concur in the Senate amendment to the 
 bill, Mr. Garfield on a call of the yeas and nays, voted yea. So the amend- 
 ment was non-concurred in. General Garfield stood up all the way through 
 by voice and vote, in favor of concurrence in a proposition so glaringly and 
 monstrously an act of usurpation and tyranny, that even Ben Butler, and Blair of 
 Michigan, denounced it in the unmeasured terms above quoted. 
 
GENERAL C. A. ARTHUR's CIVIL RECORD. 269 
 
 GENERAL C. A. ARTHUR'S CIVIL RECORD. 
 
 Gen. Chester A. Arthur succeeded Thomas Murphy, Grant's old pet, as Col- 
 lector of Customs of the Port of New York, December 21, 1871. Murphy was 
 forced to resign by the pressure of the entire mercantile community of New 
 York, who were outraged by his mal-administration of the custom-house. 
 Gen. Arthur is the political creature of Roscoe Conkling. The Senator from 
 New York ruled the Republican party of New York State with a rod of iron 
 during Grant's administration. He controlled absolutely the vast patronage of 
 the Federal government in the Empire State, and with the power of a despot 
 rewarded his friends and punished his enemies. The New York custom-house 
 is the heart of the Republican machine in New York State, from which vast 
 arteries, like the blood channels in the human body, extend to the remotest sec- 
 tions of the commonwealth. The selection of Gen. Arthur as Collector of Cus- 
 toms made him Mr. Conkling's political lieutenant. 
 
 The expenditures annually in the custom-house during Gen. Arthur's eight 
 years service as collector averaged $2,500,000. There were employed in the 
 custom-house during the greater part of his term of office 1,036 regular clerks, 
 exclusive of the appraiser's department, consisting of deputies, clerks, inspectors, 
 weighers and guagers. The immense political power exerted by this band of 
 organized politicians can readily be imagined. 
 
 Of the character of Gen. Arthur's administration nothing can be learned, 
 except from reports of Republican officials and commissions appointed by the 
 Treasury Department to investigate the custom-house. The fitness of the 
 Republican candidate for vice-president for election to the second highest posi- 
 . tion in the land can only be determined by the testimony of his own party asso- 
 ciates. Those records are amply sufficient to prove his unworthiness for the high 
 position he has been nominated for. The citizen who was removed from an 
 administrative office by the de facto President and Senate of the United States for 
 his faithlessness and incapacity should not be elected to the highest post of legis- 
 lative honor under the government. 
 
 INVESTIGATIONS OF THE CUSTOM-HOUSE. 
 
 In 1870 and 1871 the Joint Committee of Congress on investigation and re- 
 trenchment investigated the New York Custom-House. Abuses of such magni- 
 tude were found to exist there that Collector Grinnell was removed and Murphy 
 was installed in his place. The abuses grew under Murphy, and Arthur assumed 
 the reins. When Murphy resigned, Grant eulogized him. Early in 1877 the 
 Jay Commission, consisting of John Jay, Lawrence Turnure and J. H. Robin- 
 son, was appointed to investigate the New York custom-house. Nearly 70 per 
 cent, of the customs revenues are collected at that port, and since 1872, the year 
 following Mr. Arthur's aplDointment as collector, the receipts from customs had 
 
270 
 
 GENEEAI. C. A. ARTHUR S CIVIL RECORD. 
 
 steadily decreased, while the expenses of collection, with the exception of one 
 year, had constantly increased. The following statement, taken from a letter of 
 Secretary Sherman to William A. Wheeler, Jan. 15, 1879, shows the receipts and 
 expenditures alluded to above : 
 
 Yeak. 
 
 Receipts. 
 
 Expenditures. 
 
 1872 
 
 $148,881,446 
 126,824,900 
 
 10,972,062 
 108,590,256 
 101,745,268 
 
 91,056,962 
 
 $2,301,496 
 2,373,305 
 2,466,192 
 
 1873. . 
 
 1874 
 
 1875 . 
 
 2,668,159 
 2,516,309 
 2,306,226 
 
 1876 
 
 1877 
 
 Note.— In 1876 there was a reduction of 10 per cent, of all salaries. 
 
 The Jay Commission made its first report in May, 1877, and recommended a 
 reduction in the force of employees of 20 per cent. Collector Arthur opposed 
 this reduction and said that a reduction of more than 13 per cent, would cripple 
 the service. The reduction recommended by the commission was ordered, how- 
 ever, and an annual saving in salaries of $235,298 effected. This circumstance 
 proves beyond peradventure the oft repeated charge that men were borne upon 
 the rolls of the custom-house who did no work, and were paid simply for polit- 
 ical services. 
 
 ARTHUR PALLS OUT WITH THE FRAUDULENT ADMINISTRATION. 
 
 The operations of the Jay commisssion were very distasteful to Mr. Arthur. 
 He wanted to be left alone. His chief, Senator Conkling, was sulking in his 
 tent at the indifference manifested towards him by Mr. Hayes. He lost no op- 
 portunity of making faces at the Fraudulent Administration. He sneered at its 
 measures and openly spoke contemptuously of the Cabinet. It was but natural 
 that Gen. Arthur should share the opinions of his chief. Threats of a change in 
 administration of the custom-house were heard, but Mr. Conkling defied the 
 Administration to do its worst. John Sherman claimed that neither collector 
 Arthur nor Naval Officer Cornell were in sympathy with the reforms recom- 
 mended by the Commission. In the Fall of 1877 Mr. Arthur was requested to 
 resign. The kind invitation was not accepted, and in September following Mr. 
 Theodore Roosevelt was appointed Collector, and L. Bradford Prince Naval Offi- 
 cer of the Port of New York. The Senate met in December, and on the 13th of ^ 
 that month Mr. Hayes's nominations were rejected. The defeat of Roosevelt 
 and Prince was due to the personal appeals of Mr. Conkling to his brother Sena- 
 tors. In July, 1878, Gen. Arthur was suspended, and Mr. Hayes appointed E. 
 A. Merritt collector and Mr. Burt naval officer to succeed Mr. Cornell. Mr. 
 Conkling having won one victory did not propose to abandon the fight. 
 
 As soon as Congress met in the following December the New York nomina- 
 tions were referred to the Committee on Commerce, and on the 27th of January, 
 1879, they were reported to the Senate with an adverse recommendation. It was 
 at this stage of the proceedings that the Republican candidate for Vice-President 
 was arraigned by the Secretary of the Treasury and his unfitness to retain public 
 office shown in a manner which caused the prompt confirmation of his successor. 
 On the 15th of January, 1879, John Sherman sent to the Senate the following 
 Executive communication. It is an able exposition of the abuses which have 
 grown up in this important department of the public service, and a clear state- 
 ment of the manner in which those abuses were fostered by Gen. Arthur. The 
 letter is as follows : 
 
GENERAL C. A. ARTHUR S CIVIL RECORD. 
 
 271 
 
 GENERAL ARTHUR'S MALADMINISTRATION. 
 
 Treasttrt Dbpabtmbht, 1 
 Jan. 15, 1879. f 
 
 The Hon. William A. Wheeler, President of the United States Senate: 
 
 Sir : I have the honor, by direction of the President, to transmit to the Senate the inclosed 
 official reports to this Department relating to the abuses and irregularities in the New York Cus- 
 tom-House, and bearing upon the nominations pending in the Senate of Edwin A. Merritt, for Col- 
 lector of Customs at the Port of New York, in place of Chester A. Arthur, suspended ; and of 
 Silas W. Burt as naval officer at that port in place of Alonzo B. Cornell, suspended. I beg to add 
 a fuller statement of the causes that led to these nominations and suspensions than appears upon a 
 public record. 
 
 The management of the Customs Service has for several years been open to much criticism in 
 Coneress, in the press, and in popular and business circles, founded upon alleged arbitrary abuses 
 by the officers, and upon imdervaluation and frauds. When I entered this office, I determined to 
 make a full examination into these allegations, and into the existing methods of conducting the 
 customs business, with a view to economy and reform, not only at New York, but at every other 
 port of the United States. 
 
 The President took great interest in the matter, and heartily supported the measure proposed. 
 The examinations were made mostly by committees of private citizens, and resulted in a large sav- 
 ing and many reforms. 
 
 Naturally the Port of New York, where about 70 per cent, of the duties on customs is collected, 
 attracted the chief interest. It appears that for a series of years from 1872, the receipts from cus- 
 toms at that port have constantly diminished, while the expenditures have, with the exception of 
 but a single year, steadily increased, as is shown by the following statement : 
 
 Year. 
 
 Receipts. 
 
 Expendi- 
 tures. 
 
 1872 
 
 ^148,381,446 00 
 126,82<1,900 00 
 110,972,061 95 
 108.590,256 44 
 101,745,268 54 
 91,056,967 67 
 
 $2,301,946 00 
 
 1873 
 
 2.373.305 00 
 
 1874 
 
 1875 
 
 2,466,122 00 
 2,668,159 07 
 
 
 2,516,309 18 
 2,606,226 61 
 
 1877 
 
 
 THE JAY COMMISSION, 
 
 Consisting of two eminent citizens of New York and one officer of the Department of Justice 
 made a very full and elaborate examination of the methods of business in the custom-house at that 
 port, and their reports, copies of which I have the honor to send you, show great abuses. 
 
 It appears from their first report that in May, 1877, there were in the collector's office 923 persons ; 
 in the naval office 81, and in the surveyor's office 32, making in all 1,036 permanent employees in the 
 custom-house, exclusive of the a,ppraiser'8 department, consisting of deputies, clerks, nispectors, 
 weighers and gangers, and that this number could be safely reduced 20 per cent. This reduction 
 of 20 per cent, was opposed by Collector Arthur. 
 
 The second report shows that it was a common practice among entry clerks, withdrawal clerks, 
 liquidating clerks, weighers, gangers, inspectors and storekeepers to receive from importers and 
 brokers irregular fees, emoluments, gratuities and perquisites in the nature of bribes. 
 
 This practice was a matter of general notoriety in the custom-house, and it does not appear 
 that any effort was made by the collector, naval officer or surveyor to suppress it. * * 
 
 The third report shows that the gravest irregularities existed in the department of weighers 
 and gangers ; that the larger number of the thirteen weighers and eight gangers rendered but lit- 
 tle, if any, personal service to the government ; that the weighers' fireman performed but little 
 service ; that the weighers' clerks in some instances performed no duty ; that in most, if not all, 
 the weighers' offices men were hired as employees, and assigned to do the work of the regular clerks ; 
 that the number of laborers thus assigned varied from four to eight persons in each weigher's 
 office ; thacthe men so assigned had but little duty to perform; that persons were borne on the 
 pay-rolls as laborers as a 
 
 REWARD FOR POLITICAL SERVICES 
 
 who performed no service except to sign their names to the rolls and receive their pay ; that a 
 part of the weighable merchandise was not weighed by the government officers, but by city weigh 
 ers, who furnished memoranda upon which the United States' weighers rendered their returns ; 
 that a part of the weighable goods were not weighed at all, but the marked weights on the pack- 
 ages were copied off and returned by the weighers as if weighed ; that the weighers had adopted a 
 Bchedule of irregular fees, which they illegally collected irom merchants for special returns and 
 conies of weights, delaying to make returns to the custom-house until the importers paid .hese •rre' 
 gular fees ; that by reason of these irregularities the cost of weighing and gauging imported goods 
 at the port of New York had increased to the enormous sum of $346,524.80 per annum. 
 
 These evils were known to Collector Arthur, yet he made no attempt during his term of office 
 to remedy them. * * * rp^e existence of all these irregularities was subse- 
 
 quently verified by independent investigations made under my direction. 
 
 * * * * It appears also from the evidence on file in this department that a 
 
 vicious practice had for a long time existed of granting free permits for imported goods without 
 authority of law. * * * From a detailed statement on file in (his department, 
 
 it appears that over two hundred of such permits were granted from March, 1874 till May, 1875, 
 The value of the goods thus illegaly delivered free of duty amounts to a very large eum. In a 
 single instance the value was $53,000. The total value it is impossible to estimate, from the fact 
 that except in a very few cases no appraisement was had. From inspection of the papers it is ap- 
 parent that much of this merchandise, if it had been properly entered and appraised, would have 
 been subject to duty. The government has, therefore, by this illegal practice, lost^-very large 
 sum. 
 
272 
 
 ARTHUR S COMPENSATION. 
 
 * * * Dnring the period of his service his compensation amonnted to $155,860.36, 
 
 a detailed statement of which is herewith transmitted. An officer, charged with the high duties of 
 the Collector of the Port of New York, and receiving snch compensation, ought properly to be 
 held responsible for all abuses that grew up or continued during his term of office ; and the exist- 
 ence of such abuses is sufficient, if within his power to correct them, to justify his removal. 
 
 The President was strongly of the opinion, upon the reports of the Jay Commission, that the ■ 
 
 PUBLIC INTEREST DEMANDED A CHANGE 
 
 in the leading offices in the New York Custom-house. I preferred to try to execute the reforms 
 proposed with Mr. Arthur in office, rather than a stranger. The President acquiesced in this view, 
 but gradually it became evident that neither Mr. Arthur nor Mr. Cornell was in sympathy with the 
 recommendations of the Commission, and could and did obstruct their fair execution. 
 
 The President became entirely satisfied that it was his duty to make a change in both offices ; 
 but, with the view of consulting the Senate, this was postponed until the beginning of the follow- 
 ing session, when Messrs. Roosevelt and Prince were nominated for the offices of collector and 
 naval officer. The Senate, however, deemed it best not to confirm these nominations, and, 
 without fnrther controversy or any attempt or desire to send to the Senate other nojninations, 
 Messrs. Arthur and Cornell remained in their positions. 
 
 NO HOPE OF SECURING REFORMS, 
 
 A very brief experience proved that any hope of carrying out any systematic reforms or changes 
 in the mode of conducting the business would be abortive while the collector held his position. 
 The same system, the same persons, the same influences prevailed as before. * * * 
 
 General Arthur did not give that personal attention to the business of the office that would seem to 
 be necessary for the proper discharge of its duties. He did not usnally arrive at his office until 
 after noon. Continued complaints came from other ports of entry that unconstitutional discrim- 
 inations were made in favor of the. port of New York by the methods of conducting business at 
 that port ; that allowances for damages, not permitted at other ports, were made ; that a system of 
 undervalnatious prevailed : and that, by these means, important branches of business were turned 
 from their usual course almost exclusively to the port of New York, causing reduction of the 
 revenue and injustice to other ports and to the people of the United States. 
 
 I respectfully call your attention to the report of General Appraiser John F. Meredith and Special 
 Agents N. W. Bingham and B. II. Hinds, of the date of July 17, 1878, a copy of which is herewith 
 transmitted. These gentlemen having had long experience in the customs service, were directed 
 to examine into alleged irregularities m the administration of the customs laws in the chief ports 
 of the United States, and the general result of their examination is disclosed in their report. From 
 the testimony taken and the documents referred to by them, all of which will be placed at j'our 
 service, it would appear that the system of frauds complained of, including undervaluations, false 
 classifications, improper weights and measures, and illegal damage allowances, was clearly 
 proven. These officers say, in regard to Collector Arthur : 
 
 A NEGLIGENT PUBLIC OFFICER. 
 
 It came to our notice early in our investigation that the collector, as a rule, neglected to appear 
 at his office uutil Friday or after. * * * a neglect of duty so conspicuously 
 
 displayed in the presence of a large corps of subordinates, must inevitably have produced a very 
 demoralizing effect, upon the morale of the office, and it is particularly lamented, as it occurred at 
 a port of the magnitude of New York, where over twelve hundred subordinate officers are em- 
 ployed, and where nearly seventy per cent, of the entire customs duties of the country is collected. 
 
 In this connection we would respectfully call attention to our special report in relation to certain 
 practices of 
 
 SPECIAL DEPUTY LYDECKER, 
 
 and to the several reports in relation to him of a similar character, which, as we are informed, 
 have heretofore been submitted to you. We were surprised to learn that Collector Arthur, after 
 having been advised of the connection of his special deputy, Mr. Lydecker, with ' 
 
 SCHEMES TO DEFRAUD THE GOVERNMENT, 
 
 and after proofs of such official misconduct had been submitted to him, still appears to repose in 
 Lydecker the most implicit confidence, and to allow him to practically control the business man- 
 agement of the office. We found that the more honest and intelligent officials at the custom- 
 house had long had reason to distrust Mr. Lydecker's inte^ity, and that the influence exercised 
 by him over the collector had been for a long time the suoject of comment among them. This 
 matter, as well as the collector's neglect of office hours, was repeatedly referred to in an unfavor- 
 able manner by the merchants who were associated with us in the early part of our investigation 
 at this port. 
 
 It would appear, also, from the special report made by the same officers, of the date of June 25, 
 1878, that Mr. Lydecker, the chief deputy, had been guilty of certain neglect and fraudulent prac- 
 tices therein stated. I also inclose a copy of a report of the date of May 2, 1878, made by Assistant 
 Secretary French and J. H. Robinson, Assistant Solicitor of the Treasury, relative to the abuses 
 and irregularities in the New York custom-house. 
 
 These documents, together with many detailed reports of officers of this department, convinced 
 me. after several months' trial and consideration, that without any arraignment of the personal 
 character of the collector aud naval officer, the 
 
 % PUBLIC SERVICE DEMANDED A CHANGE 
 
 in the incumbents of these offices. Some time after the close of the session of Congress, and 
 after the experiment had been fully tried, the President suspended these officers and appointed 
 General Mwritt, then surveyor of the port, as collector, and Mr. Burt as naval officer. Mr. Burt 
 had been for years, practically, the naval offlcer, and had conducted the business with fidelity and 
 
GENERAL C. A. ARTHUR'S CIVIL RECORD. 273 
 
 skill, to the satisfaction of all. Mr. Cornell held simply a sinecure position, the real duties beijie; 
 discharged by his deputy, and Mr. Burt is now performins: the duties both of naval officer and 
 those formally discharged by him as comptroller, the latter having been discontinued. 
 
 * * * * It is respectfully submitted that, under the circumstances, the resto- 
 
 ration of Messrs. Arthur and Cornell would be a serious injury to the public service, involving a 
 loss of public revenue and an increased revenue. It would establish a constant irritation and 
 struggle between old abuses that existed and reforms that are sought to be accomplished. It would 
 destroy the discipline of the department; for, after all, the collector of customs is but a subordi- 
 nate of this department, and though possessed of great powers, can do but little without the sanc- 
 tion of the Secretary, but he may seriously obstruct the department in the conduct of business 
 according to its ideas and plans. 
 
 IMPORTANCE OP THE NEW YORK COLLECTORSHTP. 
 
 It has been the established custom that this great office should be held as an administrative 
 office, like that of a Cabinet minister; for the officer who collects over two-thirds of the revenue 
 from customs performs functions equal to those of a Cabinet minister; but the law requires con- 
 stant supervision and approval of his acts by this department. 
 
 To require this business to be performed by persons in hostility to the general policy of the 
 administration, would create discord and contention where there ought to be unity and harmony. 
 It would be unjust to the President and personally embarrassing to me in the discharge of my 
 duties to have the office of collector of customs at New York held by one who will not perform his 
 duties according to the general policy of the department. * * * * 
 
 I have the honor to be, very respectfully, 
 
 JOHN SHERMAN, Secretary. 
 
 Hon. Wm. A. Wheeleu, President of the United States Senate. 
 
 Collector Arthur addressed a letter to Senator Conkling, in reply to the commun- 
 ication of the Secretary of the Treasury. Gen. Arthur attempted to justify his 
 administration of the custom-house, but signally failed. On the 31st of January, 
 John Sherman wrote a letter to the President on the subject of the abuses in the 
 custom-house, which Mr. Hayes immediately transmitted to the Senate, with the 
 following communication : 
 
 R. B. HAYES' OPINION OP ARTHUR. 
 
 To the Senate of the United States : 
 
 I transmit herewith a letter of the Secretary of the Treasury, in relation to the suspension of the 
 late Collector and Naval Officer of the Port of New York, with accompanying documents. In addi- 
 tion thereto I respectfully submit the following observations : 
 
 The custora-house in New York collects more than two thirds of all the customs revenues of 
 the government. Its administration is a matter not only of local interest merely, but is of great 
 importance to the people of the whole country. For a long period of time it has been nsed to man 
 age and control political affairs. 
 
 The officers suspended by me are, and for several years have been, engaged In the active 
 
 PERSONAL MANAGEMENT OF THE PARTY POLITICS 
 
 of the city and state of New York. The duties of the offices held by them have been regarded as 
 of subordinate importance to their partisan work. Their offices have been conduet^d as a part of 
 the policical machinery under their control. They have made the custora-house a center of parti- 
 san political management. 
 
 The custom-house is a business office. It should be conducted on business principles. General 
 James, the Postmaster of New York City, writing on this subject says : " The post office is a busi- 
 ness institution and should be run as such. It is my deliberate judgment that I and my subordi- 
 nates can do more for the party of our choice by giving the people of this city a good and efficient 
 postal service, than by controlling primaries or dictating nominations.''' The New York custom- 
 house should be placed on the same footing with the New York post-office. But under the sus- 
 pended officers the custom-house would be one of the principal political agencies in the state of 
 New York. To change this, they profess to believe, would be, in the language of Mr. Cornell, in 
 his response, "to surrender their personal and political rights." 
 
 Convinced that the people of New York and the country generally wish the New York custom- 
 house to be administered solely with a view to the public interest, it is my purpose to do all in my 
 power to introduce into this great office the reforms which the country desires. 
 
 With my information of the facts in the case, and with a deep sense of the responsible obliga 
 tion imposed opou me by tlie Constitution " to take care that the laws be faithfully executed," I 
 regard it as my 
 
 PLAIN DUTY TO SUSPEND THE OFFICERS IN QUESTION, 
 and to make the nominations now before the Senate, in order that this important office may be 
 honesUy and efficiently administered. 
 
 R. B. HAYES. 
 ExBcuTivB Mansion, January 31, 1879. 
 
 SHERMAN ARRAIGNS ARTHUR FOR "UNLAWFUL PRACTICES, FRAUGHT WIT^ 
 GREAT DANGER TO THE REVENUE." 
 
 Trkasurt Department, OrricE of the Secretary, I 
 Washington, D. C, January 31, 1879. f 
 
 The President: The letter of Mr. C. A. Arthur, late Collector of Customs at New York, of 
 the date of the 2l8t inst., to the Hon. Roscoe Conkling. Chairman of the Committee on Commerce 
 of the Senate, was first seen by me in the New York Tribune of the 38th inst. 
 
 18 
 
274 GENERAL C. 
 
 On the 23d inst., and before Mr, Arthur's letter was acted upon by the committee, I caused to 
 be delivered to the chairman of the committee a request for a copy of it, to enable the department 
 to verify any statement in its letter of the 15tli inst. which might be disputed by Mr. Arthur, and 
 to present such answer to his allegations as would place the wliole case before the Committee. 
 
 To this rec[uest no answer was made, and I am not now advised whether it was communicated 
 to the Commutee. It is to be presumed that it was not done, for it appears by the public journals 
 that the committee acted upon the nominations before an opportunity had been given to the de- 
 partment to establish the reasons stated by it for the suspension of Mr. Arthur. 
 
 READY TO SUPPLY THE PROOFS. 
 
 I now repeat that all the allegations stated in department lester of the 15th inst., are susceptible 
 of closest proof, and the department is prepared to verify them if It id the pleasure of the Senate 
 to give the opportunity, 
 
 Mr. Arthur thinks that if the department letter of the 15th inst. contains all that can be said 
 against his administration of the office of collector, his suspension is directly contrary to all the 
 professions of your administration, and a \iolation of every principle of justice. This is a matter 
 of opinion as to what constitutes just cause of removal. If to secure the removal of an officer it is 
 necessary to establish the actual commission of a crime, by proofs demanded in a court of justice, 
 then it is clear that the case against Mr. Arthur is not made out, especially as his answer is held to 
 be conclusive without reference to the proofs on the public records and tendered to the committee 
 and the Senate, 
 
 But if it be held, that to procure the removal of Mr. Arthur it is suflScient to reasonably 
 
 ESTABLISH THAT GROSS ABUSES OF ADMINISTRATION 
 have continued and increased during his incumbency ; that many persons have been regularly paid 
 on his rolls who rendered little or no service; that the expenses of his office have increased while 
 collections have been diminishing; that bribes, or gratuities in the nature of bribes, have been 
 received by his subordinates in several branches of the custom liouse; that efforts to correct these 
 abuses have not met his support, and that he has not given to the duties of liis office the requisite 
 diligence and attention, then it is submitted that the case is made out. This form of proof the 
 department is prepared to submit. * * * * 
 
 That the mode of conducting public business in the custom house in New York during the en- 
 tire administration of Mr. Arthur as Collector, was subject to grave criticism is hardly a matter of 
 dispute. The developments made by the Committee of the Senate in 1872, of which Mr. Bucking- 
 ham was chairman, excited the attention of the country. The abuses whicn sprang out of the 
 moiety system were fully disclosed by the examination and discussion that preceded the passage 
 of the Anti-moiety Act of 1874. Numerous reports of special agents called tlie attention of the 
 department to existing irregularities. * * * * jj^^ Arthur, himself, claims 
 
 credit for attempts to oring about reforms, and admits that at the beginning of his administration 
 there was a necessity for a very large reduction of expenses. Kindred abuses which it was be- 
 lieved had crept into the public service in all p.irts of the country, led to a general examination of 
 the methods of conducting the customs business in the chief cities of the United States. The Jay 
 Commission was organized to conduct such examination at the port of New York. 
 
 MR. ARTHUR COMPLAINS OF THE PERSONNEL OF THIS COMMISSION AND THE 
 MANNER OF PURSUING ITS INQUIRIES, 
 
 It appears from the correspondence with Mr. Arthur that he was both personally and by letter 
 consulted as to the persons forming this commission. 
 
 He came to Washington on the 14th of April, 1877, and was fully advised of the object of the 
 investigation. He was authorized to, and aid, confer with each member of this commission, and 
 selected Mr. Turnure as one of them. It was the desire of the department that Gen. John A. Dix, 
 formerly naval officer, should be the chairman of the commission, and, tlirough Mr. Arthur, he 
 was invited to accept tliat position, but the dangerous illness of his son prevented him from 
 accepting. Mr. Arthur then tendered the position to Mr. Royal Phelps, of New York, but he, too, 
 declined. Then, with the concurrence of Mr. Arthur, Mr. Jay was named by the department as 
 chairman, and he, with great reluctance, consented to serve in that position. Mr. Robinson, the 
 third member of the commission, is an offlcer of the Department of Justice, holding the position 
 of Assistant Solicitor of the Treasury. No special agent or officer of this department served on 
 the commission, and I never heard any objection to any member of it made by Mr. Arthur until 
 after its report. The two citizens selected on the commission were of opposite politics, and men 
 of eminent position and high character. 
 
 He complains of the mode of their proceeding ; but it appears that he testified before them 
 that every person he requested to b^ called was called and examined, and every opportunity was 
 given to him to present his view of the facts. ***** # 
 
 His complaint of unfair treatment by the department is entirely unfounded. He states that the 
 first notice of hie intended removal was accompanied with an offer of an 
 
 IMPORTANT FOREIGN APPOINTMENT 
 
 under another department of the government. This statement is entirely inconsistent with the 
 pretense that he was treated unjustly. 
 
 In September, 1877, after the first two or three reports of the commission, Mr. Arthur freely 
 talked of resigning— said he had private business that demanded his attention; that the passage of 
 the anti-moiety act had greatly reduced the compensation of the office, and that he had no great 
 desire to retain it. * * * * 
 
 In seeking his resignation I earnest! v desired to avoid controversy in the Senate at the beginning 
 of your administration. Changes had been made during the count of the electoral vote in the 
 tenure of offices in New York that I believe indicated that any change made by the present ad- 
 ministration, however important to the public service, would be contested. 
 
 THE TENURE OP OFFICE ACT, 
 of^ which your predecessor complained, left it within the power of the Senate to compel you to 
 
GENERAL C. A. ABTHUr's CIVIL RECORD. 275 
 
 employ, in the discharge of the most delicate executive duties imposed upon yon by the constitn- 
 tionand the laws, persona whom you believed unfit to be trusted with such duties, and the well 
 known practice in tlie Senate to defer largely to the Senator representing the party in tlie state 
 where the 'ifttcc is located, made it at all times difficult and sometimes impossible to make the ne- 
 cessary changes. 
 
 When Mr. Arthur declined to resign, I still hoped that the reforms suggested by the commission 
 might be executed by him, and the voluminous correspondence of the department will show the 
 difficulties encountered and the kindly action of the department to Mr. Arthur. If I committed any 
 fault in connection with this matter, it was in not concurring heartily and promptly in the lorjic of 
 iA^reporfJstf^ic/i c?wian«?ea{«c/ia«<7« in the loading officers of the custom-house. * * * 
 
 The Senate having rejected the nominations, Air. Arthur continued in the office. The corre- 
 epondence will show that after that time every proper effort was made to secure his co-operation in 
 the necessary reforms, but w ithout success, except in an unwilling way that 
 
 OBSTRUCTED WHILE CONSENTING. 
 
 I come now to the specific charges to which he replies; and, first, as to the gratuities in the na- 
 ture of bribes given to clerks and oi her employees. * ♦ ♦ ♦ * 
 •" The evidence taken shows that most of the witnesses who were interrogated on this point, tes- 
 tHled thht gratuities were constantly received. It was in testimony with regard to inspectors, that 
 they were anxious to be sent to discharge steamers xaxhat than sailing vessels, because they were 
 paid by the owners of the steamships 
 
 A GRATUITY OF FROM TEN TO FIFTY DOLLARS, ' 
 
 technically called ''house mon^y.'''' The agent of one of the lines stated that thirty dollars was 
 paid to each inspector discharging their pteamers as '• house money." The agent of another, testi- 
 fied that perquisites were constantly paid to inspectors for discharging vessels; that the shorter 
 the time the vessel was to be in port the larger the amount paid; that the inspectors received a 
 gratuity for permitting the vessel to discharge before the custom-house permit reached the ship; 
 that if these fees were not paid, the inspector had it in his power to delay the vessel in many ways, 
 and that it was merely a question between the owner and the inspector as to how much it was 
 ■worth to the former to obtain these facilities; that is, whether it was cheaper to pay the inspector 
 a gratuity for obtaining these facilities than to have the inspector stand upon the strict letter of 
 the law, and throw obstructions in his way. It was also in testimony that other irregular fees 
 were constantly received by inspectors, customarily called 
 
 " HATCHETS " AND " BONES," 
 
 "hatchets" being fees received from merchants for the privilege of holding their goods on the 
 dock, instead of going into the general-order store at once, and "bones " being paid by passengers 
 for favors extended to them "in the examination of their baggage." With regard to weighers it 
 was testified that there was a complete list of irregular fees adopted by all of them, to be exacted 
 of merchants for supplying copies of weights. These fees ranged from two cents to thirty cents a 
 ton for iroi and other metals, and a schedule upon which the foreman of the weighers was accus- 
 tomed tt make the demands, shows in detail the amount to be collected upon each barrel, package 
 and bag, upon rice, sugar and many other articles. It was also distinctly testified, that the collect- 
 or's entry clerk received fifteen cents for each entry from brokers and merchants, for facilities in 
 passing the entries. 
 
 THE RECEIPT OF THESE IRREGULAR FEES 
 
 for entry withdrawal, export entry and refund clerk was afterward fully shown from the books of 
 the custom-house. 
 
 In addition to all this it is clear, from letters addressed to the Jay Commission, by the collector, 
 naval officer and surveyor, in regard to this very question, that the practice of taking illegal fees 
 was well known. * * * ;^i._ Arthur speaks of my action in relation to the re- 
 
 taining in office a certain entry clerk and an inspector shown to have received money from brokers. 
 But the evidence before me was clear that and conclusive that this practice was common to all 
 such clerks. « * * r^x^Q reply of Mr. Arthur to the charge made by the depart- 
 
 ment " that a vicious practice has for a long time prevailed of allowing free permits for imported- 
 goods without authority of law," is a complete evasion of the charge. It is true that the law allows 
 certain goods to be admitted free of duty after a lawful examination by proper officers, and it is the 
 daily practice in accordance with the law to issue permits for that purpose, but these are not the 
 
 {)ermits of which the department complains, but permits issued by the collector and deputy col- 
 ector without authority of law for the 
 
 FREE ENTRY OF GOODS SUBJECT TO DUTY 
 without examination and without appraisement, and as a matter of favor to individual persons. 
 Such H practice, whether of long or short duration, opens the door to fraud, invites the commis- 
 sion of like frauds by all subordinates, and exempts friends and favorites from equal burden of 
 the revenue laws. * * * As these permits were granted in most cases without 
 
 lawful examination of the goods, it is impossible to tell how great or how little was the value of 
 the goods thug illegally admitted, or whether they conformed to the invoices. The single case re- 
 ferred to by Mr. Arthur, * * * where the value was alleged to be $5.3,000, was 
 cited simply as an instance that these illegal entries are not articles of trifflmg value, and in that 
 case it is admitted that no examination or entry of the goods was made in conformity to law. * 
 * * In the case to which reference has been made, Mr. Lydecker issued an order to the 
 inspector at the importing: vessel to send the package to the importer's place of business, and the 
 merchandise was thus dtlivered without question. 
 
 The record shows, that for years, under Mr. Arthur's administration these 
 
 IMPROPER PRACTICES WERE OF ALMOST DAILY OCCURRENCE, 
 
 and the articles thus permitted to pass without entry or payment of duty embraced merchandise in 
 many instances of very considerable value, such as horses, carriages, jewelry, cases of wines, bran- 
 
276 GENERAL C. A. ABTHUR's CIVIL RECORD. 
 
 dies and other liquors, cases of cigrars, and packages the contents of which are not known, and may 
 have been of great value. These unlawful practices fraught with 
 
 GREAT DAInGER TO THE REVENUE AND TO THE REPUTATION OF HONEST MEN, 
 
 Mr. Arthur treats as trivial in character and scarcely worthy of mention. The particular cases are 
 not stated here, as injustice might be done to persons ia this way, bat, if desired, a full ptatement 
 of all the fac^s shown upon the records will be given of these cases, from which it will appear that 
 they are not " the harmless free permits granted in the ordinary course of business to free goods," 
 but are in violation of law, of dangerous example, and, if permitted, can be made the cover of 
 fraud to any extent with litle danger of detection. 
 
 I stated that clerks engaged in makmg statements for refunds in the well-known " Charges and 
 Commissions" cases received gratuities for the work done by them for the attorneys themselves, 
 who were pressing these cases before the Courts and Department. 
 
 In what manner does Mr. Arthur answer this grave charge ? Ho begins by explaining that 
 several years since it was the custom for the attorneys to compel the referee by subpoena to pro- 
 duce before himself the papers lodged in the custom-house, and while in his hands to permit the 
 calculation to be made by persons employed by the attorneys ; that the practice was afterwards 
 changed at the suggestion of the Solicitor of the Treasury for the reason that it would be better to 
 employ clerks in the custom-house, as then the original entries and invoices would not be removed 
 from the custody of the government. 
 
 In accordance with this suggestion, clerks were employed on this work and, of course, Mr. Ar- 
 thur states, they were 
 
 PAID BY THE IMPORTERS 
 and their attorneys, the work being outside of government hours and not done for the govern 
 ment. 
 
 It will thus be perceived in the statement of Mr. Arthur himself, that under his coUectorship, 
 as a matter of course, clerks were allowed to receive illegal fees from importers and their attorneys, 
 pressing claims for refund, many of which were without foundation. * * * * 
 
 It appears from documents submitted to the House of Representatives and oral statements 
 made to the Committee on Appropriations in the presence of the attorneys for these claims, that 
 forged protests were introduced in many cases to give jurisdiction in such cases ; that there was a 
 failure to plead the statute/)f limitations ; that the amount already paid on these antiquated claims 
 is ^1,980,000; and that there are still claims pending, all of which are over fourteen vears old, which 
 if allowed, would require the further sum of at least $750,000. It is now contended by the Depart- 
 ment of Justice before the courts of New York, that the great body of 
 
 THESE CLAIMS ARE FRAUDULENT. 
 
 While Mr. Arthur admits that expenses increased and receipts from the revenue steadily dim 
 inished during his administration, he claims that there were improperly, if not illegally, charged 
 to the expense of collection large amounts over which he had no control, and which, in strictness, 
 had nothing to do with current expenses. 
 
 But, leaving out of consideration the extraordinary expenses to which he refers, as well as those 
 incurred by the Naval Office and Surveyor's and Appraiser's Department, it is shown, by the 
 accompanying tabular statements, made np by the treasury registers, giving the number and com- 
 pensation. of tlie employees in the several divisions of the collector's office, and of the weighers, 
 gangers and insp>ectors, all appointed upon the nomination of the collector, that the force and 
 expenses of bis own department increased steadily from the date of assuming his duties as col- 
 lector to the 30th of June, 1874, in number 251 persons, and in amount $364,574 more than in 1871, 
 and this in the face of the fact that the receipts had fallen off in the time mentioned many millions 
 of dollars. * * * * • * 
 
 INCREASE OF EXPENSES BY GENERAL ARTHUR. 
 
 In the collector's immediate office it is seen' that the force and expenses were increased from 
 eight persons and $13,200 in 1872, to eighteen i>ersons and $36,700 in 1877. * * * * 
 
 Mr. Arthur compares the cost of weighing for the year ending June 30, 1872, with the cost for the 
 year ending June 30, 1873, showing a decrease in f;;vor of the latter year of $7,767.91. 
 
 When it is considered that tea and coffeeweve made free July 1, 1872, and that there were, there- 
 fore, many millions of packages weighed in 1872 for which there was no corresponding expense for 
 1873, the ingenious character of this defense will be appreciatc^d, especially as free tea and coffee 
 were not forgotten when a decrease of revenue receipts was to be accounted for. 
 
 Mr. Arthur assumes that in my letter of the 15th he is held responsible by the department for 
 the falling off of the revenue, which in fact was cansed by the reduction of taxes. No such 
 accusation was made against him, but it is insisted that while by law taxes were reduced, and the 
 labor of his office diminished, the expenses were increased. *♦#*■(: 
 
 Two of the weighers directly state that the receipt of these [illegal] fees was a custom long 
 established, and known to and approved by the collector aud surveyor of the port. # * * 
 
 Mr. Arthur attempts to defend his deputy against the clurges contained in the Meredith Com- 
 mission by characterizing them as " stale," referring to the fact that the transaction occurred ten 
 years ago * * * * rpjjg evidince in relation to the principal charge, and 
 
 which is most conclnsive and unanswerable, was first brought to the attention of the department 
 by said report. This evidence Cf)nsist3 of orders issued by Mr. Lydecker that appeared upon the 
 fraudulent entries and invoices in his own hand and over his own signature. * . . * 
 
 It is submitted whether the Statute of Limitations, which may operate as a bar to criminal pros- 
 ecution and so enable a guilty officer to escape the punishment of the law, can properly be urged for 
 the purpose of securing his retention in office. * * * * Among the reports 
 
 to this department, to which attention was called by Messrs. Meredith, Bingham and Hinds, in 
 their report of July 17, 1878, as reflecting upon the official conduct of Special Deputy Collector Ly- 
 decker, ia a report by a special agent, dated March 13, 1876, in which are described the following 
 cases : 
 
 FRAUD COMMITTED BY LYDECKER. 
 
 let. A firm of theatrical managers, iu New York, in January, 1875, made two entries of stage 
 scenery, stating the value as $3,000. These were passed free by Mr. Lydecker as " tools of trade" 
 ia violation of law. 
 
2in 
 
 2d. An actress, January 5, 1875, imported silk and velvet dresses whicli were sent as samples to 
 the appraiser's office, and returned by the appraiser as of the value of $400, and subject to a duty 
 of 60 per cent. By order of Lydecker, in direct violation of law, these dresses were admitted to 
 entry free o/duti/. A iriplicate invoice on file in the custom-houee shows that they were purchased 
 goods, and the value given in the invoice is the equivalent of $575, duty upon which would amount 
 to $340. * * * * 
 
 4th. A dressmaker imported three cases of merchandise which were sent by order of said Ly- 
 decker directlj' to her store (falsely described as puWic store) without entry. * * ♦ 
 
 It has come to the knowledge of the department that these cases were selected by the specia 
 agent as samples of a large number of transactions, extending over more than two yeara, where the 
 same facilities for fraud had been extended to the same person by the said Lydecker. 
 
 Mr. Arthur admits that he did not sometimes reach the office at the hour when by law it is open 
 to public business, but intimates that the time after office hours that he spent at the custom-house 
 was an off-set. His presence after office hours could be of little use to the public. I am advised 
 by persons entirely familiar with the subject, that the time of Mr. Arthur, when at the custom- 
 house, was often 
 
 OCCUPIED WITn OTHER THAN GOVERNMENT MATTERS. 
 
 That it was sometimes difficult for a merchant, who was dissatisfied with the ruling of a subordi- 
 nate, to obtain a hearing. It is susceptible of proof that he habitually did not arrive there until after 
 noon, and was, therefore, absent during a period when his attendance was necessary to the transiac- 
 tion of public business, and this was espiecially so after the action of the Senate upon the nomina- 
 tion of his successor. 
 
 The watchful care of a collector at a port of such importance as New York over the action of his 
 snbordinates in their methods of doing business, is at all times imperatively necessary for the pro. 
 taction of tie revenue. 
 
 In a case which has come to light since the retirement of Mr. Arthur, it has been shown tha 
 goods upon which the duties amounted to $120,000 were delivered to the parties without payment 
 of any duties to the government, and in a suit to recover these duties, it is claimed by the importers 
 that the unlawful delivery was due to the 
 
 NEGLIGENCE OR SOMETHING WORSE 
 
 on the part of the customs officers under the charge of Mr. Arthur. 
 
 It soon became apparent, after January, 1878, from the daily business of the department with 
 the New York custom-house, that anything like harmony or heartiness in the administration of 
 the duties of collector could not be brought about while Mr. Arthur remained in office, and, there- 
 fore, after full trial, I reccommended his suspension. * * * * The letter of 
 Mr. Arthur, carefully written, with full knowledge of, and access to, all the public records, and his 
 familiarity with them, is controverted by the careful investigation of the Jay Commigsion, by the 
 testimony submitted herewith, by the reports of the special agents, and by the Meredith Commission, 
 together with my well-considered opinion, based upon the business as it was brought before me 
 officially, and.your own personal examination of the different reports submitted to you. * * 
 
 It will be expected by the public that you see that these officers act in harmony with your policy 
 in correcting all abuses that are developed, and securing all possible reforms, and, if they, in your 
 opinion, fail, that you ehaU exercise the potfer given to you by the constitution to secure officers 
 who will do so. * * ♦ * 
 
 Very respectfully, 
 
 JOHN SHERMAN, Secretary. 
 
278 CIVIL SERVICE RBFOKM. 
 
 CIYIL SERVICE EEFOM. 
 
 For tMrteen years the Republican party has discussed the question of reform 
 in the Civil Service. During those years one attempt was made to inaugurate 
 such a reform. It was abandoned after less than two years trial. The term 
 " Civil Service Reform " is now held in undisguised contempt by the Republi- 
 can party. The agitation for reform in the Civil Service was begun by Hon. 
 Thomas Jenckes, of Rhode Island, in the House of Representatives in 1867. He 
 made a speech in favor of a bill "to regulate the Civil Service of the United 
 States and promote the eflaciency thereof.*' Again in May, 1868, he spoke upon 
 the same subject. At that time the party had made no definite pledges of Civil 
 Service Reform to the country. J. D. Cox, of Ohio, a short time Secretary of 
 the Interior, under Grant, was one of the first Republican martyrs to the cause of 
 civil service reform. In 1870 the clerks in the departments received a circular 
 from the Congressional Committee assessing them one per cent, of their salaries 
 for political purposes. On the third of August, 1870, Mr. Cox received a letter 
 from the Republican Executive Committee requesting a full list of the employees in 
 his department from Ohio with the amount of salaries, &c., for the purpose of 
 making an assessment upon them for state and Congressional campaign purposes. 
 Then as now Ohio politicians were in the front rank of those levying political 
 contributions. Mr. Cox declined to furnish the lists requested. A horde of 
 hungry politicians principally from Ohio and Pennsylvania turned upon him and 
 made his position so unpleasant that he resigned. Grant promptly accepted his 
 resignation. 
 
 On March 3d, 1871, a clause attached to the sundry Civil Appropriation Bill 
 was passed, authorizing the President to appoint a commission to prescribe rules 
 and regulations for promoting the efficiency of the civil service. This provision 
 was opposed by the Repubhcan leaders in the Senate, Messrs. Conkling, Cam- 
 eron, Morton and others. They openly avowed their disbelief in the success of 
 any attempt to reform a civil service which they then pronounced to be the best in 
 the world. The rules recommended by the advisory board were approved and 
 President Grant, April 16, 1873, approved them in an executive order which 
 especially forbade the levying of political assessments on office holders. From 
 that time until the present day the farce has been enacted with unvarying regu- 
 larity by the Republican party whenever a state or national convention has made 
 a platform. The civil service reform plank has been laid down with such firm- 
 ness and has remained unused so long that it has finally grown rotten, and the 
 Committee on Resolutions in the recent Convention at Chicago omitted to make 
 any reference to the subject. 
 
 THE FLANAGAN SPEAKS AT CHICAGO. 
 
 The omission was noticed by an obscure delegate from Massachusetts, Mr, 
 
CIVIL SERVICE BEFOEM. 279 
 
 Barker, who sent to the Chairman's desk the stereotyped profession of civil ser- 
 vice reform. The utter insincerity of the thing, the hollowness of the pretension, 
 was so great that a speech made by an honest delegate from Texas, named Flana- 
 gan, was received with great applause. He expressed the sentiment of the Con- 
 vention in these words : 
 
 "We are not here for the purpose of getting offices for the Democracy. What are we here for 
 except to get the offices ? 
 
 ************ 
 
 If the Republicans are victors they are entitled to the offices, and those who fought in the cause 
 will get them if justice is done." 
 
 This speech, though honest, was indiscreet. It compelled the convention to 
 make Mr. Barker's resolution a part of the platform. Had it not been for Flan- 
 agan's speech the Republican party would have finally abandoned at Chicago the 
 false colors under which they have been sailing for so many years. 
 
 The letters of acceptance of presidential candidates are generally considered as 
 the real platform of political parties. The promises made by the candidates are 
 of more importance to voters than the code of party principles laid down by the 
 conventions. The latter are declarations of belief. The former are solemn 
 pledges to the country. Does Gen. Garfield promise in the event of his election 
 to reform the civil service of his country ? Let his letter of acceptance speak for 
 him. He says : 
 
 MACHINE POLITICS. 
 To select wise'y from our vast population those who are best fitted for the many offices to bo 
 filled requires an acquaintance far beyond the range of any one man. The Executive should, there- 
 fore, seelc and receive the information and assistance of those whose knowledge of the communi- 
 ties in which the duties are to be performed best qualifies them to aid in making the wisest 
 choice.' 
 
 When Gen. Garfield wrote this paragraph of his letter he must have have had 
 before his eyes a speech made by the late Senator Morton, of Indiana, in the Sen- 
 ate, January 4, 1871. Mr. Morton said : 
 
 Now, Mr. President, I come to the principle of the bill and insist that it is false in itself. I un- 
 dertake to say that to say that the greatest security an executive can have, who can know but a very 
 small number of the American people, is the fact" that he can rely upon members of Congress, hw 
 political friends, for recommendation to office. How so ? Take, a member of the House. He is 
 expected to recommend, if he is a political friend of the President, for the local offices in his dis- 
 trict. The people understand, and if there is a bad appointment made, if there is a bad postmaster, 
 if a horse thief is appointed postmaster, they hold the member of Congress directly responsible for 
 it. They expect that in the natural course of things he has recommended that man. Therefore it 
 becomes his interest at once to recommend good men for these offices : his re-election depends 
 upon it. 
 
 In other words, under the system recommended by Gen. Garfield, Gen. Arthur, 
 Senator Conkling, Senator Cameron, and all the prominent members of the Re- 
 publican party, the tenure of ofiice of politicians depends upon the manner in 
 which the local offices are given to the underlings who control primaries and ma- 
 nipulate ward conventions. 
 
 The Republican party assembled in convention at Cincinnati in 1876 promul- 
 gated the principle that, under the constitution, the president and heads of de- 
 partments are to make appointments ; the Senate is to advise and consent to ap- 
 pointments, and the House is to accuse and prosecute faithless oflicers. The 
 enforcement of this constitutional principle is impossible when the officers who 
 are to advise and consent to appointments, and to prosecute and judge faithless 
 officers, are allowed to recommend and dictate the appointments. Gen. Garfield 
 promulgates a principle which the Republican party four years ago solemnly 
 repudiated. 
 
 GENERAL ABTHUR AND CIVIL SERVICE HEFORM. 
 
 But if it be held that to procure the removal of Mr. Arthur it is sufficient to reasonably establish 
 that gross abuses of administration have continued and increased during his incumbency; that 
 many persons have been regularly paid on his rolls who rendered little or no service; that the ex- 
 
280 CIVIL SERVICE REFORM. 
 
 penses of his office have increased while collections have been diminishing; that bribes or gratni- 
 ties in the nature of bribes, have been received bj' his subordinates in several branches of the cus- 
 tom-house; that efforts to correct these abuses have not met his support, and that he has not given 
 to the duties of his office the requisite diligence and attention, then it is submitted that the case i» 
 made out. This form of proof the department is prepared to submit. (Secretary Sherman's letter 
 to R. B. Hayes, January 31, 1879.) 
 
 The Republican candidate for Vice -President has been the conspicuous example 
 held up before the eyes of the American people by the present administration as 
 the great violator of civil service reform ; the incarnation of all that is corrupt 
 and bad in the organization of the public service. The complete record of Gen. 
 Arthur as an administrative oflBcer is contained in another part of the Text Book. 
 It is, perhaps, unfortunate for the Republican champions of civil service reform 
 that Gen. Arthur has been nominated for the second instead of the first place on 
 the ticket. While his acts have always tended to degrade the civil service, his 
 professions for the future, contained in his letter of acceptance, are much more 
 manly and comprehensive than those of Gen. Garfield. 
 
 THE HAYES ADMINISTRATION AND REFORM. 
 
 When R. B. Hayes was fraudulently declared President of the United States 
 by the partisan eight of the Electoral Commission, he sought to appease in some 
 measure the w^ounded honor of the country and to allay the popular indignation 
 at the outrage, by promising a reform administration. The corruptions of the 
 Grant administration had disgusted the honest masses and a general demand for 
 reform was heard from the people. It was this desire for reform which elected 
 Tilden and Hendricks by the largest popular majority ever cast for a presidential 
 ticket. Hayes, therefore, sought to gain same popularity or toleration by pledg- 
 ing himself to do what the Democratic candidate had already done in the state 
 of New York. 
 
 In his inaugural address Mr. Hayes said : 
 
 I ask the attention of the public to the paramount necessity of a reform in our civil service ; 
 a reform not merely as to certain abuses and practices of so called official patronage which have 
 come to have the sanction of usage in the several departments of our government, but a change in 
 the system of appointment itself ; a reform that shall be thorough, radical and complete ; a return 
 to the principles and practices of the founders of the government. They neither expected nor 
 desired from public officers any partisan service. They meant that public officers should owe 
 their whole service to the government and to the people. They meant that the officer should be 
 secure in his tenure as long as his personal character remained untarnished and the performance of 
 his duties satisfactory. They held that appointments to offict; were not to be made nor expected 
 merely as rewards for partisan services, nor merely on the nomination of members of Con- 
 gress, as being entitled in any respect to the control of such appointments. The fact that both the 
 great political parties of the country, in declaring their principles prior to the election, gave a 
 prominent place to the subject of reform in our civil service, recognizing and strongly urging its 
 necessity in terms almost identical in their specific import with those I have employed, must be 
 accepted as a conclusive argument in behalf of these measures. It must be regarded as the 
 expression of the united voice and will of the whole country upon this subject, and both political 
 parlies are virtually pledged to give it their unreserved support. 
 
 His failure to fulfill his pledges has disgusted the people fully as much as did 
 
 the rottenness of Grantism, and the term "civil service reform" has become a 
 
 by -word and a reproach. The fraudulent President inaugurated his reform 
 
 policy by issuing the following order : 
 
 CIVIL SERVICE ORDER NO. 1. 
 
 Executive Mansion, 
 
 Washington, June 83, 1877. 
 Sir : I desire to call your attention to the following paragraph in a letter addressed by me to 
 the Secretary of the Treasury, on the conduct to be observed by the officers of the general govern- 
 ment in relation to the elections : 
 
 " No officer shall be required or permitted to take part in the management of political organiza- 
 tions, caucuses, conventions or election campaigns. Their right to vote and to express their views 
 on public questions, either orally or through the press, is not denied, provided it does not interfere 
 witn the discharge of their official duties. No assessments for political purposes on officers or 
 subordinates should be allowed." 
 
 This rule is applicable to every department of the civil service. It should be understood by 
 every officer of tne general government that he is expected to conform his conduct to its require- 
 mentB. Very respectfully, 
 
 R. B. HAYES. 
 
CIVIL SERVICE REFORM. 281 
 
 HOW THE ORDER HAS BEEN OBEYED. 
 
 The first part of the order that no officer should take part in political manage- 
 ment has never been enforced except in the cases of objectionable officials whom 
 the administration wanted to get rid of. For instance, Postmaster Filley, of St. 
 Louis, was removed from office for advising and directing some local primary 
 elections, and at the very same time Secretary Schurz, who insisted upon his re- 
 moval, was making political speeches in Ohio, and but a short time afterwards 
 Secretary Sherman also went to Ohio and delivered a political speech. After the 
 election in Ohio that year (1878) Mr. Hayes congratulated both Sherman and 
 Schurz upon the effect their speeches had apparently had. 
 
 The memorable contest between the administration and Senator Conkling over 
 the removal of Messrs. Cornell and Arthur from the positions of Naval Officer 
 and Collector, respectively, of the port of New York, was another instance of the 
 enforcement of "Civil Service Order No. 1." By purchasing the votes of a 
 number of Republican Senators by Federal patronage, Hayes and John Sherman, 
 after a long struggle, in which they were once signally beaten, obtained the 
 confirmation of their nominees, and Cornell and Arthur were ousted. In 1879, 
 Senator Conkling, as a rebuke to the administration, had Cornell nominated as 
 the Republican candidate for Governor of New York, and the "reform" admin- 
 istration forthwith surrendered. Hayes advised all Republicans in New York to 
 vote for Cornell, and John Sherman and Wm. M. Evarts made speeches in the 
 canvass in behalf of the regular nominees. John Sherman, in the course of 
 these speeches, eulogized the man he had pronounced unfit to hold the position 
 of naval officer and urged the people of the state to make him their governor. 
 The administration raid upon the New York Custom-house in 1877-'78 was 
 simply a move to get the Conkling machine out and the Sherman machine in. 
 Immediately afterwards John Sherman announced himself as a presidential can- 
 didate. The revenue and customs officials all over the country were organized 
 and put to work in his interest. 
 
 Collector Merritt, the "reformer," who succeeded Arthur, had his assistants 
 and employees formed into bands of Sherman workers, and none dared decline 
 the service. Each man understood that it would cost him his position to refuse 
 to join in the Sherman Boom. Prior to the holding of the New York Republican 
 Convention for the election of delegates to the Chicago Convention, Collector 
 Merritt traveled all over the state in the interest of John Sherman. He packed 
 primaries, promised government patronage, and, in short, did everything he 
 supposed would help the Sherman cause. He made no secret of his mission, and 
 caused himself to be interviewed about the progress of his labors. And yet not 
 a word of reproof or reproach was uttered by the fraudulent administration. His 
 bold and flagrant violation of the civil service order was not rebuked. From the 
 opening of the presidential canvass for the Republican nomination until after 
 the last state convention had chosen its delegates to Chicago, the various treasury 
 officials throughout the country devoted their time chiefly to packing primaries 
 and running local conventions in the interest of John Sherman. Every delegate 
 that Sherman obtained in the Southern states was won for him by the influence of 
 treasury officials. The Grant men protested most vigorously against this inter- 
 ference of government officials and the press called loudly for the enforcement of 
 Civil Service Order No. 1, but Hayes was as dumb as an oyster. Evidence could 
 be accumulated page upon page to prove that Secretary Sherman not only re- 
 quired government employees to work in his interest but that he also bribed dele- 
 gates to support him with Federal patronage. 
 
282 CIVIL SERVICE REFORM. 
 
 WHAT THE NEW YORK " TIMES " THINKS OP IT. 
 
 The New York Times, tlie leading Republican newspaper of the United States, 
 
 said editorially, in its issue of May 12th, 1880, of Secretary Sherman's methods of 
 
 electioneering : 
 
 Of the delegates to the Mississippi Republican Convention, eight were employees of the Treas- 
 ury Department, six were postmasters or postal route agents, and one was a United States dis- 
 trict attorney. All these were, of course, Sherman men, since to hold a Federal office in the South 
 and support any presidential candidate except the Secretary of the Treasury is to invite removal. 
 They were aided by half a dozen outsiders, also in the employ of an indulgent people, whose money 
 is used to the extent of at least ^35,000 a year to galvanize Mr. Sherman's candidacy in Mississippi. 
 Perhaps the discreet journalists in Ohio and New England who have been so greatly shocked by 
 the suggestion that Mr. Sherman was not entirely without responsibility for the peculiar transac- 
 tions of brother-in-law Moulton may condescend to explain the tactics by which their immaculate 
 candidate has pushed his candidacy in Mississippi. These are, it is true, merely a repetition of the 
 shameless trickery practiced in North Carolina and Georgia, but as they are, if possible, a little 
 more impudent, they appear to challenge some sort of notice from the alleged reformers who have 
 undertaken the somewhat delicate task of vouching for the statesmanship and political probity of 
 the eminent trimmer from Ohio. 
 
 One of the special staff correspondents of the New York Times, writing from 
 
 Jackson, Mississippi, under date of May 7th, 1880, charged that the Republican 
 
 Convention of that state had been manipulated by Sherman's hirelings, and 
 
 that the Chairman, Gibbs, declared the Convention adjourned to avoid putting to 
 
 a vote a resolution indorsing Grant. The correspondent concluded his letters as 
 
 follows : 
 
 It is well to make this statement in order that Mr, Sherman may know just how much his 
 friends bear for his sake. Further for his information, that of the civil service reform adminis^tra- 
 tion, and the public, it will not be amiss to give the following list of office-holders who conducted 
 the Secretary's Mississippi canvass. Those marked with a star were delegates to the convention. 
 The others did good work on the outside: 
 
 PAT. 
 
 *W. H. Gibbs, Census Supervisor $500 
 
 *Jame3 Hill, Collector Internal Revenue 2,650 
 
 J. J. Spellraan, Deputy Collector Internal Revenue 1,200 
 
 *W. D. Frazee, Deputy Collector Internal Revenue 1,000 
 
 *W. M. Hancock, Deputy Collector Internal Revenue 1,000 
 
 *W. H. Noonan, Deputy Collector Internal Revenue 1,000 
 
 *Frank Hill, Deputy Collector Internal Revenue 1,000 
 
 ♦W. H. Foote, Deputy Collector Internal Revenue 1,000 
 
 *Jame8 D. Cesson, Deputy Collector internal Revenue 1,000 
 
 *J. P. Matthews, Deputy Collector Internal Revenue 1,000 
 
 W. C. Raum, alternate 1,000 
 
 E. W. Hall, alternate ' .' 1,400 
 
 *J. L. Morphis, United States Marshal 2,500 and fees 
 
 Thomas W. Hunt, United States Marshal 2,500 and fees 
 
 *Green C. Chandler, United States District Attorney 2,500 and foes 
 
 *W. H. Kennon, Postmaster, about $2,000 
 
 *J. L, Wofford, Postmaster 2:0()0 
 
 ♦J. R. Smith, Postmaster 2,000 
 
 *H. R. Smith, Postmaster 2,000 
 
 W. G. Henderson, Collector Customs 2,500 
 
 I. N. O«born, Deputy Collector Customs 1,000 
 
 * W. H. Harney, Route Agent, Post Office Department 900 
 
 *N. D. Sneed, Route Agent, Post Office Department 900 
 
 In addition to these were a number of messengers and minor " hangers-on." 
 
 In order that the public and '* the civil service reform administration" may know exactly upon 
 what terms Mr. Sherman is with those of his officers who aid him in his effort to capture the 
 Presidency, it will not be amiss to publish the following letter, which was signed by James Hill, 
 (colored) Revenue Collector, Delegate at Large to Chicago, and Chairman of the State Executive 
 Committee: 
 
 Jackson, Miss., May 6, 1880. 
 The Hon. John Sherman, Secretary of the Treasury, Washington City: 
 
 Dear Sir: My friend, Mr. A. H. Kennedy, is one of the most worthy working Republicans in 
 our state, and will do to depend upon on any p^rt of the ground. He was a delegate from his 
 county, and assisted vs largely in your behalf. I think his services have been such as deserve recog- 
 nition at the hands of the administration. He and his family are all stt'ong Republicans, and have 
 never held or asked for oflBcial position until now, that I am aware of. Any assistance that you may 
 be able to give him, I am sure, will be fully appreciated by him, by the party of the state at large, 
 and by myself. I am, very respectfully, your obedient servant, JAMES HILL, 
 
 Chairman State Executive Committee. 
 
 This letter was sent to Mr. Sherman Inst night. I have sworn evidence of its authenticity. That 
 
 Sortion of it which reads, " He was a delegate from his county, and assisted us largely in your be- 
 alf — I think his services have been such as to deserve recognition at the hands of the Administra- 
 tions—needs no comment. Still, it may, perhaps, be remembered thct Mr Sherman—according to 
 his own solemn statement— knows nothing of, and is in no way afEected by, efforts of Federal 
 ofUce-holders, made either for or against his presidential ambition. 
 
CIVIL SERVICE REFORM. 283 
 
 This charge against John Sherman was made by the ablest Republican organ 
 in the country, and with its usual fairness the Times proceeded to prove its alle- 
 gation. It cannot be said, in defense of Sherman, that he is the object of Demo- 
 cratic slander. He has been arraigned by his own party, and the better portion 
 of it has found him guilty. That Mr. Hayes connived at Sherman's prostitution 
 of the civil service in the interest of his candidacy cannot be doubted. To say 
 lie was ignorant of the flagrant abuse of his civil service order by Sherman would 
 be to pronounce him as stupendous a fool as he has shown himself to be knave. 
 
 POLITICAL ASSESSMENTS. 
 
 Having shown what a farce was made out of the first clause of the civil service 
 order relating to the non-interference of government officials in elections, we will 
 now show that the latter clause in relation to assessing government employees for 
 campaign purposes was also ignored. Hayes' persistent pretensions in regard to 
 reform lead some people to believe that he would put a stop to the infamous sys- 
 tem of assessing government employees to swell the corruption fund of the Re- 
 publican party in every canvass. But he has not done anything of the kind. 
 That part of his order relating to assessments has remained as much of a dead 
 letter as the first clause forbidding government officials to take part in political 
 management. The first general election held after Hayes was fraudulently seated 
 was in the year 1878, when members of Congress were elected. In the summer 
 of that year the Republicans organized their Congressional Committee, who in 
 turn appointed a sub-committee, called the Executive Committee, to manage and 
 direct the campaign from Washington. Hon. Eugene Hale, of Maine, was made 
 Chairman of the Executive Committee, and George C. Gorham, then Secretary of 
 the United States Senate, was made Secretary. Mr. Gorham was, in fact, the 
 head of the committee. He managed and directed all its affairs, and nearly the 
 entire work of the campaign was intrusted to him. The Special Committee of 
 the Senate, of which Senator Wallace is Chairman, appointed to inquire into al- 
 leged frauds in the elections of 1878, investigated the matter of assessments upon 
 office-holders that year, and from the report of that committee we get the follow- 
 ing facts: 
 
 Mr. Gorham testified that he, as the executive officer of the Republican Com- 
 mittee, collected, in the fall of 1878, for use in the Congressional campaign, a total 
 of $106,000, of which sum over $93,000 was obtained from the government em- 
 ployees in Washington. Mr. Gorham inaugurated his assessment campaign by 
 the issuance of the following circular, which was addressed to government em- 
 ployees : 
 
 CIRCULAR NO. 1 
 
 Hkadquartbrs of the Republican Congressional Committee, 1878, 1 
 
 1319 P Street, Northwest, Washington. D. C. V 
 
 Washington, D. C, May 27, 1878. ) 
 
 Sir: This committee, charged with laboring for the success of the Republican cause in the com- 
 ing campaign for the election of members of Congress, call with confidence upon you, as a Repub- 
 lican, for such a contribution in money as you may feel willing to make, hoping that it may not be 
 less than 8 16. 
 
 The committee deem it proper, in thus appealing to Republicans generally, to inform those who 
 happen to be in Federal employ that there will be no objection in any official quarter to such vol- 
 untary contribution. 
 
 The importance of the pending struggle cannot easily be exaggerated. That the Senate is to be 
 Democratic after the 4th of March, 187y, is very nearly a certainty. In view of this, the election of 
 a Democratic House of Representatives would, precipitate upon the country dangerous agitations, 
 which would inevitably add to present distresses. Foremost among their schemes the opposition 
 already announce their intention to attempt the revolutionary expulsion of the President from his 
 office. 
 
 If, by the presentation of three candidates for the Presidency in 1880, the people should fail to 
 choose, the House must elect, each state delegation casting one vote. 
 
 From what is now known, and with the growing dissensions in the camp of the enemy, the com- 
 mittee have good reason to enter upon their work with courage. 
 
284 / CIVIL SERVICE REFORM. 
 
 Please make prompt and favorable response to this letter, and remit at once, by draft or poetal 
 money order, to " Sidney F. Austin, Esq., Treasurer, &c., German-American National Bank 
 Washington, D. C. 
 
 By order of the Committee. 
 
 GEO. C. GORHAM, Secretary. 
 
 In about six weeks, such clerks and employees as had not responded to the 
 notification contained in the first circular to call at Captain Gorham's office and 
 settle, were reminded that the Republican party expected and insisted that every 
 man should pay his assessment, by the receipt of circular No. 2, as follows: 
 
 CIRCULAR NO. 2. 
 
 Headquarters of the Republican CoNOREssioMAii Committee, ) 
 Washington, July 11, 1878. ) 
 
 Bear Sir: Since sending you circular under date of May 27, we have ascertained that the rules 
 of your department render difficult your absence during office hours, and that you are unable to 
 call at the bank where contributions are received. We have, therefore, arranged with the treas- 
 urer, Mr. Austin, to attend at the German- American National Bank from 4 to 5 o'clock P. M.. to 
 receive contributions from those in your department who have not already responded. If more 
 convenient, the amount can be transmitted by mail to Sidney F. Austin, Treasurer Congressional 
 Republican Committee, as above. Respectfully youre, 
 
 GEO. C. GORHAM, Secretary. 
 
 There were still delinquents, even after the second circular was sent, and such 
 were once more called upon for their money by the following circular: 
 
 CIRCULAR NO. 3. 
 
 -, Dear Sir: There appears to be due upon your subscription to our campaign fund 
 dollars. We have regarded your subscription as a debt of honor, voluntarily 
 
 incurred by you, and, relying upon its payment, have taken it into the account in the conduct of 
 our work. We earnestly request immediate payment, and Mr. N. B. Fugitt will be in attendance 
 at these headquarters (second floor) daily from 10 o'clock A. M. till G o'clock P. M. to receive and 
 receipt for such moneys. 
 
 Respectfully, GEO. C. GORHAM, Secretary. 
 
 These circulars, Mr. Gorham said, were sent to Mr. Hayes, and were substantially 
 approved by him. This last circular was without date, but Mr. Gorham testified 
 that it was issued some time in August. Mr. Gorham testified that the rate of 
 assessment — he persisted in calling it "contribution" — fixed upon by the committee 
 was one per cent, of the salary of each government employee. The circulars, as 
 was shown by the testimony of Mr. Gorham and his clerks, did not meet with the 
 responses from the government employees that the Republican committee wanted. 
 From the official Register, or "Blue Book," the names of the various government, 
 employees and the salary of each were obtained. The names of the employees in 
 each department were entered in a book, and opposite each name was written 
 the amount of the assessment demanded by the committee. Then collectors, 
 provided with these books, were sent through the departments with instructions 
 to call upon each employee personally for the sum set opposite his name by the 
 committee. In order to make the authority of the Republican committee to levy 
 these assessments more forcible, the heads of the several departments wrote their 
 names and entered a contribution on the first page of the book intended for use 
 in their departments. For instance, the assessment book used in the treasury 
 contained on the first page the names of John Sherman and his assistant secreta- 
 ries, with amounts ostensibly contributed opposite each. The poor clerk, upon 
 seeing this, would feel that he dared not defy an authority that had the sanction 
 of his chief, and with trembling hand and unwilling heart would "fork over" 
 the amount demanded by the collector. 
 
 now THE MONEY WAS SQUEEZED OUT OP THE POOR CLERKS. 
 
 A few extracts from Mr. George C. Gorham's testimony will show how the 
 
 machine was worked : 
 
 Chairman Wallace: Who was appointed to receive contributions in the Treasury Department T 
 A. I would state here, if it has not been stated, that a finance committee of three gentlemen of the 
 
CIVIL SERVICE REFORM. 285 
 
 committee was appointed at an early meeting to direct the manner of collecting the money, and 
 that they appointed Mr. Henry Baker (to assess the treasury). 
 
 Q. To visit the Trcasnry Department ? A. To visit the Treasury Department and solicit sub- 
 scriptions—ask the persons who chose to give to so state in a book. 
 
 Mr. Gorham, in answer to a question, said he had the book, and would turn 
 
 it over to the committee, which he subsequently did. When the assessment 
 
 books were examined, it was shown that the clerks had not voluntarily entered 
 
 their names and subscriptions in them, but that they were entered from the 
 
 official register, and then the clerks were called upon for the amounts they were 
 
 assessed. But let Mr. Gorham continue his story to the committee : 
 
 By the Chairman : Q. Was a man named Fugitt employed or authorized ? A. Yes, sir. 
 
 Q. What was his first name:'' A. It was N. B. He was clerk of my committee; Baker was 
 not; and when I was left in charge I called upon him generally. 
 
 Q. What one of the departments did Mr. Fugitt visit ? A. I think Mr. Fugitt visited the Post- 
 Ofhce Department, I think the Agricultural Department, and I think the Sixth Auditor's Office of 
 the Treasury. Baker, I think, did not visit that, and Fugitt did; but I am not sure. He may have 
 gone to other places in the citj . He was generally the man I relied on to g:>. I think I sent him 
 up to the Navy Department. 
 
 Q. Were Mr. Baker's visits soliciting contributions at the treasury Interfered with by the rules 
 of the deparment, do you know ? A. I never heard anything on that subject. 
 
 Q. Was this circular sent to the navy yards and post-offices of the country generally ? A. If it 
 was not eent to every civil officer who received over ^1,01)0 a year, gome of the clerks neglected 
 their duties, because that was my instruction. 
 
 Q. Your instruction was to send it to all the Federal employees receiving over $1,000 ? A. It 
 was. 
 
 Q. To all the employees of the government ? A. That was my object; to have it reach every 
 man who was in office ? 
 
 Q. Were the responses to the leading circular (circular No. 1 I shall call it) from th^ collectors 
 of customs and postmasters, and so on, in the leading cities in the country, in the form of sub- 
 scriptions y A. Very generally; more so than ever in the history of the party, I have been told. Fifty 
 percent, more in number contributed, probably, than did in 1876. I mean by that to say that in* 
 1876 the request was for two per cent., and m 1878 the request was for one per cent., and although 
 we only asked for half as much, we got three-quarters as much. 
 
 Q. Do you know of any case in any of the departments in Washington in which men who failed 
 to respond to your circular were dismissed within thirty days ? A. Do I know of my knowledge ? 
 
 Q. Yes, sir ? A. I do not. 
 
 Q. Have you heard of any such case ? A. I have heard of a single man who was removed from 
 a department, and that man did not subscribe; but whether that had any connection with his re- 
 moval I do not know, and nobody connected with our committee promoted any report about it or 
 any change. 
 
 Q. What was the politics of that man ? A. He said he was a Democrat. 
 
 Being asked if his committee called upon national banks for money for the 
 campaign of 1878, Mr. Gorham replied tJiat Mr. Eugene Hale, chairman of the 
 committee, visited New York City and raised $13,000, and he presumed some of 
 it came from national banks. 
 
 POLITICAL ASSESSMENTS IN AN OFF YEAR BRING IN $106,000. 
 
 In the following answers Mr. Gorham explains where the Republican party 
 
 gets its sinews of war. He has already shown how the assessment plan is 
 
 worked. Now, let him tell who it is that, somehow or another, feels constrained 
 
 to make these contributions : 
 
 By Mr. Bailey : Q. I understand that altogether the subscriptions to yonr fund amounted to 
 about $106,000 ? A, Yes, sir; as near as I can get at it. 
 
 Q. Of which $93,000 came from the officers ? A. From Senators, Representatives and 
 others. 
 
 Q. How much of that came from Senators and Representatives ? A. I cannot state it now ; I 
 think that their subscription was pretty general ; there were, as we know, thirty-nine Republican 
 Senators, and they gave, as a general rule, $100 a-piece. There may have been some exceptions ; I 
 do not remember; the Republican members of the House gave us $50 a-piece. 
 
 Q. All of them, or only a portion ? A. The great body of them ; the intention of all was to do 
 it ; there may have been a case here and there where it was not convenient. 
 
 Q . All the remainder of the $93,000 came from those in the civil service of the government ? 
 A. Yes, I think so. 
 
 Q. And from all the Republican party outside of those who were employed you received but 
 $13,000 ? A. That is all ; I am sorry to say that was all we got from them. 
 
 Q. Then your treasury— 1 mean the treasury of the committee — was recruited chiefly from the 
 employees of the government ? A. It would appear so from my last answer. 
 
 Q. And they bore the expenses of the Republican campaign chiefly, with the exception you 
 have named ? A. That would be the inference from the last question and answer. 
 
 THEY FARMED OUT SOME OF THE BEST LOTS, 
 
 Mr. Gorham further testified that in various states the state committees were al- 
 
286 CIVIL SERVICE REFORM. 
 
 lowed to assess the Federal office holders, and that the money thus raised was in 
 addition to the $106,000 collected by the Executive Committee at Washington. 
 According to Mr. Gorham's showing, the money raised by assessing government 
 clerks was used to pay for printing and sending out documents, to pay speakers, 
 etc., and to aid generally in the election of Republican Congressmen in close dis- 
 tricts. The amounts sent out to the different states for use in close districts were 
 distributed as follows : 
 
 Maine, $5,000; New Hampshire. 81,750; Vermont, 3cl district, $500; Connecticnt, 3d district, $1,000, 
 New Jersey, 1st district, $1,500; 2d district, $500; 5tlii district, $500; Pennsylvania, irth district, 
 $1,500; Maryland, 6th district, $1,250; West Virginia, 2d district, $350; 8d district, $500; Virginia, 
 2d district, $1,000; 4th district, $1,300; North Carolina, three districts, $1,300; South Carolina, 1st 
 district, $1,000; 5th district, $600; state at large, $200; Florida, 1st district, $500; 2d district, $1,000; 
 Alabama, 4th district. $500; Tennessee, 1st district, $500; 2d district, $500; Missouri, 2d district; 
 $500; 3d district $500; 7th district, $100; 10th district, $1,000; Ohio, to nine districts, $9,300; Indi- 
 ana, to state central committee, with recommendation that it be, distributed as follows: 1st district, 
 $2,000; 4th district, ^1,000; 6th district, $1,000; 8th district, $500; 10th district, $500; cannot Bay 
 whether or not the distribution was made as recommended; Illinois, 18th district, $250; Michigan, 
 $5,000; Iowa, $5,000; Wisconsin, $1,500; Oregon, $2,000; Colorado, $1,000. Total, $53,900. 
 
 The fradulent administration, as proven by the testimony of Gorham and his 
 assistants, consented to a few other little irregularities, such, for instance, as the dc 
 tailing of men who were employed and paid by the government to do campaign work 
 for the Republican party, thus robbing the people of service they were paying for. 
 
 THE PERSONAL ACCOUNT OF R. B. HAYES WITH THE CIVIL SERVICE. 
 
 They (the founders of the government) held that appointments to office were not to be made ot 
 expected merely as awards for partisan services. 
 
 The above was Mr. Hayes' language in his inaugural address. This was the 
 principle laid down by the de facto President as the rule by which he should be 
 guided in making appointments. While the words above quoted were upon hi§ 
 lips he had made promises which involved their violation in letter and in spirit. 
 Placed in the White House by a conspiracy against free government, the conspir' 
 ators demanded of the beneficiary of their plots payment in lucrative offices. 
 The ready compliance of Hayes with their demands was the most convincing 
 proof of his knowledge of the awful crime of 1876. Convicted perjurers and 
 thieves tilled the corridors of the executive mansion and jostled innocent citizens 
 of the Republic in the reception and anterooms. The rogues who made false re- 
 turns and stole the electoral votes of three states swaggered about the barrooms 
 of Washington boasting of their villanies and savagely cursing Hayes for his tar- 
 diness in settling the score. 
 
 WHAT A FRAITDULENT PRESIDENT COST THE PEOPLE. 
 
 Hardly had the printers' ink dried on the newspapers which printed the inau- 
 gural address than the work of rewarding crime was begun by Mr. Hayes. How 
 well he succeeded the following table will show. 
 
CIVIL SERVICE REFORM. 
 
 287 
 
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 CIVIL SERVICE REFORM. 
 
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CIVIL SERVICE REFORM. 
 
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290 CIVIL SERVICE REFORM. 
 
 This record of beneficiaries was prepared over a year ago. It is impossible to 
 ascertain from the pay rolls of the government what additions have been made to 
 this black list since. The name of one member of the Louisiana Returning Board 
 is conspicuous because of its absence from this list. Civil service reform was not 
 vindicated, however, because G. Cassanave did not receive an office. The sum of 
 $1,750, paid to Cassanave in August, 1879, by R. B. Hayes and John Sherman as 
 the price of his silence and for services rendered, is not included in the total an- 
 nual roll of $342,170. 
 
 THE CASE OF CASSANAVE. 
 
 The expenses of the defense of the Louisiana Returning Board, indicted in the 
 
 Circuit Court at New Orleans for perjury and fraud, were $5,000. As the other 
 
 members of the board were insolvent, Cassanave's property was levied upon to 
 
 meet the judgment rendered for the $5,000 fee. On August 7, 1879, Cassanave 
 
 wrote to Mr. Hayes as follows : 
 
 If my property is sacrificed under that judgment it will render me bankrupt. I am a poor man 
 and unable to sustain such a loss. I have always assumed a full share of the responsibility attach- 
 ing to the official acts of the returning board, although I have never enjoyed any of the fruits re- 
 suiting from its findings; and in this connection I respectfully remind you that I hold no office 
 under your administration, and have derived no pecuniary benefits whatever therefrom; but, on the 
 contrary, I have sustained considerable loss in ray business on account of my identity with the 
 board. Messrs. Anderson, Wells and Kenner, the other three members, and their numerous family 
 connections, are enjoying lucrative positions in the employ of the government. 
 
 I called upon Mr. Sherman yesterday and he proffered me a contribution of $100, as the only 
 relief he could offer me, which I was compelled to decline out of respect for the great finance 
 minister of our government. 
 
 Cassanave wrote this letter in "Washington. Before sending it he had called at 
 the White House and had been refused the assistance he demanded. He was 
 more successful in his epistolary efforts, and a few hours after the letter had been 
 received at the White House $500 was sent to New Orleans to be paid on the 
 judgment. The following telegraphic correspondence between Shellabarger & 
 Wilson, Hayes' attorneys, and E. North Cullom, of New Orleans, who held the 
 judgment, explains the conclusion of the case: 
 
 DAMNING CORRESPONDENCE. 
 
 Washington, D. C, August 13, 1879. 
 E. North Cullom, New Orleans, La.: 
 
 Should we send $1,000 more on returning board judgment will you give reasonable time for 
 balance? 
 
 SHELLABARGER & WILSON. 
 
 To this dispatch came the following reply: 
 
 New Orleans, August 13, 1879, 
 Messrs. Shellabarger & Wilson, Washington, D. C. : 
 
 If you send me $250 more, making a total of $1,750, and Cassanave will give security not to dis- 
 T)08e of his property, 1 will wail till January 1. 
 
 E. NORTH CULLOM. 
 
 On August 15 Shellabarger gave Cassanave the following dispatch and directed 
 him to sign and send it : 
 
 Washington, D. C, August 15, 1879. 
 E. North Cullom, New Orleans : 
 
 Will cause $1,000 to be mailed to-day, provided you stop sale and wait until January Ist for 
 balance. Answer immediately. G. CASSANAVE. 
 
 Cullom replied as follows : 
 
 New Orleans, August 15th, 1879. 
 G. Cassanave, Washington, D. C: 
 I will not. Sale goes on. E. NORTH CULLOM. 
 
 Cassanave carried the reply to Shellabarger, who indorsed upon it the follow- 
 ing : 
 
 To Secretary Sherman : 
 
 I telegraphed that I would send $1,000 to-day if sale would stop and the plaintiff wait for the 
 balance till January, and this is the answer. What hhall I do with the $1,000 y 
 
CIVIL SERVICE REFORM. 291 
 
 The $1,000 had been previously sent by R. B. Hayes to Shellabarger to help 
 Cassanave out. Sherman wrote in reply to Shellabarger '* You may offer the 
 $1,250." 
 
 This sum together with the $500 previously sent made up the amount which 
 
 Cullom demanded and the sale was stopped. Senator West in commenting on 
 
 this transaction in the Senate said : 
 
 Why the President and Secretary of the Treasury changed their determination, and what relation 
 -existed between the work of the returning board and the payment by them of ^1,750 I leave to 
 the candid judgment of honest men. 
 
 THE CLOSE OF THE FARCE. 
 
 During the past three and one-half years of trickery, deceit and hypocrisy the 
 f rudulent administration has striven to hide its rank offenses against decency and 
 pure government by a cloak of smooth words, voluble excuses and pretentious 
 palaver. In the present campaign, the mask will be thrown off entirely. Every 
 department of the government will be utilized to assist in the election of the Repub- 
 lican ticket. The standing army of 100,000 federal office holders will be marched 
 into the field and forced to contribute liberally. A refusal to pay promptly means 
 dismissal. Already the heads of a score of department clerks, who had the bravery 
 to openly declare their preference for Hancock have fallen. Free speech is 
 denied the servants of the people. Democrats in the departments are given the 
 alternative of subscribing to the Republican campaign fund or losing their places 
 The following circular has been mailed to all the government clerks : 
 
 CIVIL SERVICE ORDER NO. 1, ACCORDING TO M'PHERSON. 
 
 Headquarters of the Republican Congressional Committee, 1 
 l.yil F St., N.W., Washington, D. C 
 Jay A. HubhdU Chairman. Ediod. McPherson, Secretary. 
 
 .'Executive Committee : The Hon. William B. Allison, the Hon. E. H. Rollins, the Hon. Frank 
 Hiscock, the Hon. Mark H. Bunnell, the Hon. Godlove S. Orth, the Hon. Wm. McKinley, 
 the Hon. Joseph Jorgensen, the Hon. G. R. Davis, the Hon. H. G. Fisher. 
 
 Washington, D. C, April 19, 1880. 
 ^r : This committee is organized for the protection of the interests of the Republican party in 
 -each of the congressional districts of the Union, In order that it may prepare, print and circu- 
 late suitable documents illustrating the issues which distinguish the Republican party from every 
 other, and may meet all proper expenses incident to the campaign, the committee feels author- 
 ized to apply to all citizens whose interests or principles are involved in the struggle . Under the 
 circumstances in which the country finds itself placed, the committee believes that you will esteem 
 it both a privilege and a pleasure to.make to its fund a contribution, which it is hoped may not be 
 
 less than % . The committee is authorized to state that such voluntary contributions/row 
 
 persons employed in the service of the United States, will not be objected to in any official quarter. 
 The labors of this committee will affect the result of the presidential as well as the congressional 
 struggle ; and it may therefore reasonably hope to have the sympathy and assistance of all who 
 look with dread upon the possibility of the restoration of the Democratic party to the control of 
 the government. 
 
 Please make prompt and favorable response to this letter by bank check or draft or postal 
 money order, payable to the order of George Frs. Dawson, Treasurer, post-office, lock box 723, 
 Washington, D.C. By order of the Committee, EDWARD WcPHERSON, Secretary. 
 
 Collections were begun on the 1st of July in the Treasury Department. 
 When clerks refuse voluntarily to pay the assessment, the disbursing officer 
 deducts the two per cent, from their salaries. 
 
 ASSESSMENT ON DISTRICT OF COLUMBIA CLERKS. 
 
 In the general raid upon office holders, the clerks employed in the government 
 of the District of Columbia have not been forgotten. The following circular has 
 been addressed to them : 
 
 Republican Central Committee for the District op Columbia. \ 
 Washington, D.C, July 16, 1880. f 
 Sir: This committee, composed of three members from each of the twenty-two legislative 
 districts in the District of Columbia, is organized for the protection of the interests of t e Repub- 
 lican party ; to aid the Republican cause in the Congressional districts in contiguous States ; to 
 provide for the transportation of voters ; to circulate suitable documents illustrating the issues 
 which distinguish the Republican party from every other, and to do such other campaign work 
 -as may be assigned it by the National Republican committee. 
 
 } 
 
292 • CIVIL SERVICE REFORM. 
 
 The committee feels authorised to apply to all citizens whope interests or principles are involved' 
 in ttie struggle. Under the ci cumstances in which the district finds itself placed, the committee 
 believes that you will esteem it both a privilege and a pleasure to make to its funds a contribution, 
 
 which it is hoped, may not be less than S . The committee is authorized to state that such 
 
 voluntar • contribution from persons employed by the District of Columbia will not be objected ta- 
 in any official quarter . 
 
 It has been decided to hold a mass meeting of the Republicans of the District of Columbia at an 
 early date to ratify the nominations of the Chicago convention. The importance of our position at 
 the national capital renders it neccessary that every effort be made to insure entire success. 
 
 Please make prompt and favorable response to this letter by check payable to the order of W. B. 
 Reed, Chairman Finance Committee, P.O. box 594, Washington, D.C., or in person, to any member 
 of the Finance Committee. J. M. GREGORY, Secretary 
 
 The fraudulent administration has been false to every promise of reform it has 
 ever made. Its shallow hypocrisy in this regard has made the very name of 
 reform a reproach. Civil service reform has grown to be a synonym, in 
 ironical language, for all that is hollow and deceitful, disgusting and false irt 
 government. The crowning sheaf to the sham is the spectacle of the cabinet led 
 by Carl Schurz stumping the country for Garfield and Arthur. 
 
CIVIL SERVICE REFORM. 
 
 293 
 
 Members of KeUogg legislature (?) who voted for Kellogg for U. S. Senator, and afterward re- 
 ceived Federal offices. 
 
 Names. 
 
 Senators : 
 
 ■Z. E. Breaux 
 
 J. H.Burch 
 
 A. J. Dumont 
 
 P.Landry .. 
 
 Isaac Sutton 
 
 M. A. Twitchell... 
 George W. Bryant. 
 A.J. Wakefield.... 
 
 Eight senators receive directly 
 
 Officers of the Senate : 
 
 •C. C. Antoine, president 
 
 Peter E. Bechtel, Ist secretary. . 
 W. H. Green, ass't secretary.. 
 
 Senate officers receive. 
 
 Members of the House : 
 
 Charles F. Brown 
 
 O. H.Brewster 
 
 R. J. Brooks 
 
 John E. Brown 
 
 J. M. Carville 
 
 W. J. De Lacy 
 
 W. H. Dinkgrave 
 
 Louis Desmarais , 
 
 A. De Joie 
 
 Fred. Fobb 
 
 George Gracien 
 
 O. Bfolt 
 
 ■J.J. Johnson 
 
 Robert Johnson 
 
 Milton Jones 
 
 C. W. Keeting , 
 
 William Kern 
 
 W.G. Lane 
 
 A. H. Leonard , 
 
 John G. Lewis 
 
 A. E. Milon 
 
 M. L. McMillen 
 
 W.J. Moore 
 
 Henry Raby 
 
 L. J. Souer 
 
 George A. Swazie 
 
 L. A. Snaer 
 
 Jules Severgnes 
 
 J. R. Stewart 
 
 George Washington 
 
 L. Como 
 
 R. Simmes 
 
 Thirty-two members of the 
 
 Officers of the House: 
 Robert Guichard, chief clerk . . . 
 William Vigers, assistant clerk. 
 T. A. Clover, minute clerk. . . 
 C. H. Merritt, house postmaster 
 
 Four house employees. 
 
 Present offices. 
 
 U. s. aepui. 
 
 Clerk in New Orleans custom-house 
 
 U. S. deputy collector. New Orleans 
 
 Laborer m N. O. custom-house at 25 cents per hour, or., 
 
 (- U U (( (i i( 
 
 Consul to Kingston, Canada 
 
 Laborer in N. O. custom-house at 25 cents per hour, or. . 
 Night inspector N. O. custom-house at $2.50 per day, or, 
 
 Clerk and storekeeper in N. O. custom-house 
 
 " in N. O. c istom-house 
 
 U. S. inspector, N. O. custom-house at $3 per day, or. . . 
 
 Laborer in N. O. custom-house. 
 
 Surveyor-general, New Orleans 
 
 Night inspector N. O. custom-house at $2.50 per day, or. 
 
 Messenger in N. O. custom-house 
 
 Inspector in N. O. custom-house at $2.50 per day, or 
 
 '• *' " $90per month, or.. 
 
 Clerk in.N. O. custom-house 
 
 Cashier *' " 
 
 U. S. ganger at New Orleans 
 
 Night inspector N.O. custom-house at $75 per month, or 
 
 Laborer in N. O, custom-house 
 
 Inspector in N. O. custom-house at $3 per day . 
 
 Laborer " '" 25 cents per hour, or. 
 
 Night inspector N. O. custom-house at $75 per month, or 
 
 Revenue boatman at New Orleans 
 
 U. S. ganger at N. O. custom-house 
 
 •* deputy collector at New Orleans 
 
 " commissioner " " 
 
 " dist. attorney " «' 
 Night inspector N. O. custom-house at $75 per month, or 
 
 Postmaster at New Orleans 
 
 Ganger in N. O. custom-house 
 
 Night inspector N. O. custom-house at $75 per month, or 
 
 U. S. appraiser. New Orleans 
 
 Laborer in N. O. custom-house 
 
 Storekeeper N. O. custom-house 
 
 Night inspector N. C. custom-house at $75 per month, or 
 
 Captain of night watchmen at N. O custom-house 
 
 United States boatman. New Orleans 
 
 See testimony of James Lewis, on p. 649 of evidence 
 
 Appointed since he testified. (See telegram in evidence) 
 
 house draw annually 
 
 Examiner in N. O. custom-house 
 
 Niyht inspector N. O. custom-house 
 
 Assistant weigher, N. O. custom-house 
 
 Inspector New Orleans custom-house at $3 per day, or. 
 
 Salary. 
 
 $1,500 
 
 1,400 
 
 3,000 
 
 720 
 
 720 
 
 1,500 
 
 720 
 
 900 
 
 10,360 
 
 2,000 
 1,600 
 1,080 
 
 4,680 
 
 600 
 
 1,800 
 
 900 
 
 600 
 
 900 
 
 1,080 
 
 600 
 
 500 
 
 Pees. 
 
 900 
 
 600 
 
 1,080 
 
 720 
 
 900 
 
 600 
 
 1,500 
 
 1,000 
 
 900 
 900 
 
 3.500 
 
 Fees. 
 
 900 
 
 3,000 
 600 
 
 1,410 
 900 
 600 
 750 
 
 30,070 
 
 1,200 
 1,080 
 
 4,980 
 
 RECAPITULATION. 
 
 8 senators receive $10,360 
 
 3 senate officers receive 4,680 
 
 3 i members of the house receive 30,070 
 
 4 house officers receive 4,980 
 
 47 members and officers draw 49,490 
 
294 THE GREAT FRAUD OP 1876. 
 
 THE GREAT FRAUD OF 1876. 
 
 When the polls closed Tuesday evening, November 6, 1876, Samuel J. Tildea 
 and Thomas A. Hendricks vs^ere by the ballots in the boxes elected President and 
 Vice-President of the United States. By a popular majority of more than a quar- 
 ter of a million of all the votes cast the Tilden and Hendricks electors, to the^ • 
 number of 196, were beyond a possibility of doubt elected. 
 
 By midnight, November 6, 1876, the fact of the election of Tilden and Hen- 
 dricks was known at the rooms of the National Republican Committee, in the 
 Fifth Avenue Hotel. There were present there Zach. Chandler, chairman of the 
 committee, R. C McCormick, secretary, George F. Edmunds, Senator from Ver- 
 mont, W. E. Chandler, member of the committee for New Hampshire, Chester 
 A. Arthur, collector of the port of New York, Alonzo B. Cornell, naval officer of 
 that port, and divers other more or less important Republican politicians. There 
 was a consultation. The news received from Louisiana left no shadow of doubt, 
 that the Democrats had carried that State by a clear majority of from 6,000 to 
 10,000 votes. That elected Tilden and Hendricks. The probabilities were that 
 Florida and South Carolina had been likewise carried by the Democrats. It was 
 absolutely certain that, excluding Florida, Louisiana and South Carolina, 184 
 Tilden and Hendricks electors had been elected. To make a majority of the elec- 
 toral votes for Hayes and Wheeler the Republicans must have the votes of Flor- 
 ida, Louisiana and South Carolina. This was the task the Republican conspir- 
 ators in the Fifth Avenue Hotel set themselves to accomplish at midnight, No- 
 vember 6, 1876. 
 
 To be successful they must have the countenance and assistance of the Presi- 
 dent of the United States, Ulysses S. Grant. Time was precious. There must be 
 instant and safe communication with him. He was known to be in Philadelphia, 
 accompanied by Don. Cameron, Secretary of War. There was no train to Phila- 
 delphia till four o'clock the next morning. A messenger by that train could not 
 reach and communicate with Grant before seven o'clock. That might be too late. 
 It would not do to use the wires of the Western Union or Atlantic and Pacific 
 Telegraph Companies, for a tell-tale record would be left behind. It was sug- 
 gested by some one of the conspirators, having knowledge of the fact, that Jay 
 Gould had a private wire connecting his house and Philadelphia. This intelli- 
 gence was a ray of hope to the desponding and well-nigh hopeless conspirators. 
 To Jay Gould's house, after midnight, the chiefs hastened. It is certain that 
 Chandler, Edmunds, Cornell, and Arthur, were of the number. They roused 
 Jay Gould from his slumbers, stated the object of their visit at that unseemly 
 hour, and were admitted. Then their confidential telegrapher began the work of 
 finding Grant and Cameron in Philadelphia. It was not an easy job. Neither 
 Grant nor Cameron was at his accustomed haunts. Messengers scoured Phila- 
 
THE GREAT FRAUD OF 1876. 295 
 
 delphia for them. After much delay, to the inexpressible relief of the conspira- 
 tors in Jay Gould's private office, the confidential operator announced that Grant 
 and Cameron had been found, and in a few minutes would be at the other end of 
 the wire. The ticker presently ticked off "all ready." and then began in the 
 small hours of the morning of November 7, 187G, the communications between 
 Zach Chandler, at Jay Gould's house in New York, and Grant in Philadelphia, 
 which laid the foundation for the Great Fraud of 1876. 
 
 Chandler briefly informed Grant of the situation. The Democratic 184 elec- 
 toral votes certain without Florida, Lousiana and South Carolina. It was very 
 evident that the ballots in the boxes gave them Lousiana by a large majority and 
 that Florida and South Carolina were probably the same way. With either one 
 of these three states, Tilden and Hendricks would be elected, without all three of 
 them Hayes and Wheeler could not be counted in. It was necessary, to accomplish 
 this, to have not only the countenance, but the active assistance, of the Federal 
 government. There must be troops sent to Florida, and the Federal force in 
 Lousiana must be increased. To every demand Grant responded " it shall be 
 done ." The orders for the disposition of the troops were given by Cameron, who 
 left Philadelphia on the first train for Washington. The next day— the very day 
 after this colloquy and conspiring to defeat the will of the people— came Grant's 
 hypocritical telegram from Philadelphia declaring his purpose to see a fair count 
 and saying that no man worthy to hold the high office of President could accept 
 it if it was obtained by unworthy means. 
 
 Meanwhile to Florida, Louisiana and South Carolina and everywhere went the 
 false, but encouraging telegrams of Zach Chandler, "Hayes has received 185 
 electoral votes and is elected." Swift messengers left New York on the first trains 
 Nov. 7th for Tallahassee, Columbia and New Orleans. The shrewd and wily 
 William E. Chandler went to Florida prepared for every emergency, and equally 
 reliable and unscrupulous men were dispatched to Louisiana and South Carolina. 
 . The uncontradicted testimony of men who were familiar with the situation in New 
 Orleans and with the hopes and fears of the desperate carpet-bag politicians was 
 taken. This establishes the fact that they were hopeless during the first twenty-four 
 hours after the election. Then came the reassuring telegrams of Zach Chandler, 
 and as fast as steam could bear them on express trains came also the visiting 
 statesmen. John Sherman and James A. Garfield with others went to New Or- 
 leans. Noyes, now Minister to France, and others to Florida, while the Chief 
 Justice of the courts of the District of Columbia headed the delegation to South 
 Carolina. The Second Assistant Postmaster-General, accompanied by a retinue 
 of detectives, special agents of that department, went to Florida, and the Secret 
 Service force of tlie Treasury Department was scattered through South Carolina 
 and Louisiana to serve the purposes of the conspirators. The complete history of 
 the work that was done in those states to accomplish the monstrous conspiracy, 
 the double-dyed villainy of the visiting statesmen, the perjuries they were privy 
 to, the forgeries they countenanced, will never be fully told. Enough, however, 
 has been imperishably recorded to make all who were concerned therein eternally 
 infamous. 
 
 The most complete as well as the most succinct account of the frauds by which 
 the electoral votes of Florida and Louisiana were stolen from Tilden and Hen- 
 dricks will be found in the Potter Report, made to the House of Representatives 
 at the third session of the Forty-third Congress, which we here append in full. 
 
296 ELECTORAL FRAUDS IN THE LATE PRESIDENTIAL ELECTION. 
 
 ELECTORAL FRAUDS IN THE LATE PRESIDENTIAL 
 
 ELECTION. 
 
 Mr, Potter, from the select committee on alleged electoral f ra ids in the late presidential elec- 
 tion, submitted the following: 
 
 The committee appointed by the resolution of the House " to inquire into the alleged fraudulent 
 canvass and return of votes at the last presidental election in the states of Louisiana and Florida,'' 
 and who, by a subsequent resolution of the House, were authorized " to investigate frauds touching 
 that election in any state where they had probable cause to believe the same existed," respectfully 
 report: 
 
 That they proceeded at once to the discharge of the duty imposed upon them. They have ex- 
 amined over two hundred witnesses, and taken about 3,000 closely-printed pages of testimony. 
 
 INVESTIGATION CONFINED TO FLORIDA AND LOUISIANA. 
 
 No application having been made to them, either by any member of the committee or of the 
 House, or from any other quarter, to consider any matter conected with that election in any other 
 state, they have confined their inquiries to the said states of Florida and Louisiana. 
 
 WHAT CONGRESS SHOULD INVESTIGATE, 
 
 The Constitution provides that each state shall direct the manner in which its electors are to be 
 appointed. Their appointment is therefore conducted under state law and determined by state 
 officers. 
 
 Wrongs in connection with state elections are not novelties. The stuffing and destruction of 
 ballots and alteration of figures have heretofore occurred, and it is within the power of the states 
 in which such frands occur to punish them. Such cases do not require investigation by Congress, 
 because as to none of them has it any power to remedy or punish the wrongs committed. But 
 frauds in the appointment of electors directly affect the choice of a President, and therefore de- 
 mand investigation by the Congress. 
 
 FRAUDS IN QUESTION UNPRECEDENTED. 
 
 The frauds alleged in connection with the appointment of electors in Florida and Louisiana in 
 1876 were entirely unprecedented. 
 
 For the first time in the history of the government electoral votes, challenged as fraudulent and 
 false, were nevertheless received and counted, and did in fact change the result of the election. 
 
 In Florida the board of state canvassers usurped discretionary powers and reversed the result 
 of the votes cast. They did this in the presence of certain visiting statesmen sent there by the Presi- 
 dent of tiie United States, and surrounded by Federal troops vMcLin— Fla., 144-''5). 
 
 That state, by every department of its government— legisative, executive and judicial— there- 
 upon protestt d against this action of the state canvassers, and declared that the persons thus certi- 
 ficated were not iis electors, and did not r<'present the state. Nevertheless, it was decided by the 
 Electoral Commission that during the few hours those men pretended to be in office they did repre- 
 sent the state ol Florida and did exercise its discretion. The President of the United States holds 
 his place by virtue of their action (Electoral Count, 1, 2-24). 
 
 Such action may be repeated in any state at any Presidential election, and if the Congress can- 
 not prevent this altogether, it is at least within their power to adopt measuT-es that will afford the 
 state in which it may occur an opportunity to annul the fraudulent action so taken, and recall the 
 pretended vote so cast through usurpation, before the same is finally received and counted as her 
 genuine vote. 
 
 On the other hand, the election in Louisiana was determined by a partisan returning board, ex- 
 ercising discreti(mary revisory power over the votes cast. This power was unauthorized, but even 
 if au horized, the board flagrantly and outrageously abused it. They were supported in its exercise 
 by visiting stat' smen, sent also by the President to Louisiana. They were (surrounded, while 
 engaged in it, by Federal troops (Post, 20-1 ; Post, 28-29). 
 
 Here, then, was disclosed a new danger. A discretionary power over the result of an election in 
 a state by one of the parties, to be exercised wiih the aid of external influence ant) patronage, and 
 with the protection of Federal troops, is, of all conceivable things, the greatest mockery in the 
 way of an election and the greatest danger to free government. 
 
 It became, therefore, the duty of Congress to inquire into these frauds in order to correct them 
 when within its power, and when not, to recommend to the state legislation to that end. 
 
 To refrain from inquiry into gross wrongs is to invite their repetition. 
 
 CONDUCT OP THE INVESTIGATION. 
 
 In conducting this investigation, the committee have not been unmindful of its difficulty and 
 importance, and have endeavorid to conduct it with absolute and judicial fairness. 
 
ELECTORAL FRAUDS IX THE LATE PRESIDENTIAL ELECTION. 297 
 
 Since it was unavoidable in an investigation of this magnitude that much secondary testimony- 
 should be received, some of which might thus unjustly involve the fair fame of individuals, we 
 thought it proper that the Republican members of the committee should decide whether the 
 sessions of tne committee should be private or open ; and on their determination at last that the 
 session of the committee should be open, it was so ordered. 
 
 We have called every witness that was required by the minority of the committee in respect of 
 questions at issue; and as to any other matters, we have endeavored to adapt our conduct to their 
 
 Generally we have desired that every opportunity consistent with our means of ascertaining 
 the truth should be afforded to all concerned: and we are ^lad to know that in this respect there is 
 no difference in the committee, and that the majority and minority are alike agreed that every 
 proper facility has been afforded by each to the other. No complaint, in respect of the conduct of 
 the committee, has been expressed by any member of it. 
 
 DIFFICULTIES OP SUCH AN INVESTIGATION. 
 
 An investigation into the conduct of a party in power, conducted by a committee set on foot by 
 the opposition, is necessarily subject to great difficulties and embarrassment. 
 
 The power of such a committee to elicit truth is limited to the willingness of witnesses to speak 
 it; for when witnesses choose to withhold or pervert the truth they can do so without fear of pun- 
 ishment, since punishment is alone lodged in the hands of those for whom the truth is withheld or 
 perverted. Men are naturally' unwilling to admit frauds in which they have participated, espec- 
 ially when they gain nothing by the admission, and they have no inducement to admit their par- 
 ticipation in such frauds to a committee which has nothing to give them. Beyond the advantage 
 of telling the truth for conscience sake, the solace of chagrin at a want of due recognition or the 
 hope that a change in parties may bring reward for their confessions, they have no impelling 
 motives for such admissions. 
 
 The confessions of persons who participated in such frauds are unlikely to be made, and when 
 made, are not readily accepted as such. The committee do not doubt that some of the witnesses 
 who have testified before them as to frauds in the election of 1875, and their participations in them 
 have done so from chagrin and disappointment; nor that others may have done so in some hope of 
 a change that might result in their political preferment. But the passage by the House of the reso- 
 lution that Mr. Hayes' title was unassailable put an end to all such hopes, and was at once fol- 
 lowed by a marked falling off in the readiness of persons who had participated in frauds in Florida 
 and Louisiana, and who had not been satisfactorily rewarded, to make or sustain their revelations. 
 
 POWER OF PATRONAGE TO CONC]pAL WRONG. 
 
 On the other hand, the power of an administration with the absolute disposal of one hundred 
 and ten thousand offices, some of whose members are most interested in disposing of them so as 
 to sustain themselves and their action, is enormous, as has been felt at every step of the in- 
 vestigation. 
 
 There is no form of continuing influence equal for convenience and control to that of an office. 
 If a man be bribed by a sum down he may lose it or waste it, and then the control it gave over 
 him will be gone. But in an office which he holds at the pleasure of the person who appointed 
 him he IS under continuing control. W^hile he is compliant and serviceable he receives a support; 
 but when he fails in either regard, or confesses where he might have kept silent, his supplies are cut 
 off and he is turned out on the world without means and without character, ruined by his confes- 
 ijion of the truth. 
 
 Patronage has, besides this, the further advantage that it affords the possibility of ascribing its be^ 
 stowment to just causes, so that, while being used for the most reprehensible purposes, the mo- 
 tiv s of its use may be concealed. 
 
 It is the history of all state conspiracies that if the conspirators succeed, the means by which 
 they do so are rarely disclosed or published whilst their party remains in power. 
 
 How fully the administration has profited by these examples, and how desperately it has used 
 the Federal patronage, alike to reward and keep under control those who participated in the frauds 
 of 1876 and to retain witnesses in its interest, will appear. 
 
 CONFESSIONS BY THE GUILTY QUESTIONABLE. 
 
 The character of persons engaged in conspiracies, such as those in question in Florida and 
 Louisiana, requires that their statements, whether in confession or denial, should be received with 
 suspicion. It was unavoidable, from the chaiacter of those concerned, that the committee should be 
 exposed to mistake and imposition. It was long ago said that the investigation of conspiracies was 
 alike odious and necessary, and your committee have not found this investigation any the less dis- 
 agreeable or any the less important than the inquiry into other state conspiracies have been. But, 
 however bad the character of conspirators or however unreliable their statements, there are in 
 transactions of the sort, when a sufficient number of witnesses can be examined and many iems 
 of testimony collected, certain general patent and controlling facts from which a just conclusion as 
 to what occurred may be reached. 
 
 COMMITTEE HAVE RELIED ON OTHER TESTIMONY. 
 
 Your committee have therefore desired to rest their conclusions, so far as might be, rather upon 
 such known and patent facts and the attendant circumstances than on the confessions of any of 
 the parties who participated in these transactions; and they have not found it difficult, apart from 
 these coufessions, to come to a clear conclusion in respect to what in the main occurred. 
 
 MISREPRESENTATION ON THE COMMITTEE. 
 
 Your committee have noticed that very gross misrepresentations from time to time, and indeed al- 
 most daily, have appeared in the public pi ess in respect to their declarations, conduct and actions. 
 
 Although they nad maintained the most absolute silence about the purposes and action of the 
 committee, and have conducted the investigation with the most careful propriety and fairness, 
 there is hardly any improper or unworthy statement which has not been falsily put in their 
 mouths, nor any nefarious and corrupt purpose which has not been attributed to them. They 
 
29S ELECTORAL FRAUDS IN THE LATE PRESIDENTIAL ELECTION. 
 
 have, however, Kept in mind the rule which required them neither to state anything about the 
 action of Ihecomm ttee nor about their own views in respect to the matter in hand before making 
 th ir rc'po t to the House; and having borne in silence for montns tliese misrepresentations, they 
 desire to say now, in this proper place, once for all, that the same are, and each of them is, ab- 
 solutely without any foundation whatever. 
 
 UNIFORMITY AND UNCONTRADICTED NATURE OF THE TESTIMONY. 
 
 As regards the transactions in the state of Florida there can hardly be said to be any contradic- 
 tions or dispute, except to the part the visiting statesmen took in some of the occurrences there. 
 
 No witnesses have appeared to contradict the witnesses to the frauds in that state or th& 
 general facts to wliich they testified. 
 
 Nor in Louisiana has tiiere been contradiction about the transactions which took place there, 
 except in some degree to the question of intimidation and as to the participation in and control 
 by the visiting statesmen over the action of the returning board and oflicers of registration. Sa 
 that, generally, your committee were not embarrassed in considering the transactions in that state 
 by jiny conflict of witnesses. 
 
 In this report they make reference to the testimony of the witnesses, as they proceed, by pages.* 
 
 I. 
 
 FLORIDA. 
 
 The board of canvassers of the state of Florida usurped revisory power over the votes cast^ 
 Without warrant of law they rejected votes where they saw fit, instead of compiling them; and 
 that they usurped this power for partisan purposes, and exercised it partially and fraudulently, has 
 been in part confessed. But a^j the power usurped had no lawful existence, the motives which 
 inspired its exercise may perhaps be regarded as immaterial (McLiu, Fla., 98). 
 
 ELECTORS — HOW APPOINTED. 
 
 The Constitution of the United States (art. 2, sec. 1) provides " that each state shall appoint, in 
 such manner as the legislature thereof may direct, the electors of President and Vice-President for 
 that state." 
 
 The legislature of the state of Florida directed that the electors of that state " should be 
 elected by ballot." 
 
 The laws of Florida provide that the person having the highest, number of votes cast for any office 
 shall be elected to such office; that upon the close of the polls the inspectors shall proceed to can- 
 vass the votes cast; that the canvass shall be public and continuous until completed; that the vote* 
 shall then be counted ; that if the number t.f votes exceed the numbers of persons who have voted 
 according to the clerk's list, the excess publicly drawn out by lot shall be destroyed. Duplicate 
 certificates of the result shall then be sealed up and sent to che clerk of the Circuit Court and the 
 judge of the county tliush's Digest, chap. LXVI). 
 
 Upon the receipt of the returns the judge and the clerk are to meet at the clerk's office, and, 
 with the assistance of a justice of the peace of the county, proceed to publicly canvass the vote as 
 shown by the retui-ns on JUe, and to forward certificates of the result to the Secretary of State and 
 the governor; and within thirty-five days after the election the Secretary of State, attorney-general 
 and Clerk of the Supreme Court are to meet at the office of the Secretary of State and canvass the 
 returns, and if any of the county returns " be shown, or shall appear to be so irregular, false or 
 fraudulent that the board shall be unable to determine the true vote for any such officer or member, 
 they shall so certify, and shad not include such return in their determination and declaration, and 
 the Secretary of State shall preserve and file in his office all such returns," and the accompanying 
 papers. 
 
 POWER OP STATE CANVASSERS. 
 
 This was the only povsrer given the state canvassers. They had no other powerjwhatever. The 
 authority thus given them was an authority to perform the ministerial duty of canvassing and 
 compilmg the returns of the election sent them by the county officers, except when so false, 
 fraudulent or irregular on their face as not to disclose the vote, and to thus airive at the result of 
 the vote cast. Indeed, the naked power to canvass returns of itself involved the power of discrim- 
 ina iiig between what were real and what were forged or only pretended returns of the vote cast. 
 Such a power is a necessary concomitant of the power to canvass returns. In order to count — 
 whether it be voles or money, or any other thing— it is necessary that the one who counts must 
 first decide as to what is to be counted. But the discretion of determining what were real returns 
 from the county officers, and whether they expressed a vote that could be determined from them, 
 was the only power or discretion whatever committed to the state canvassers in Florida. Such has 
 been held to be tbe law m Florida, both before and since the canvass of 187e was made. In 187a 
 the Supreme Court of Florida, in the case of Boxham vs. The State Canvassers (13 Fla., 73-'77), 
 declared that the " object of the law was to ascertain the number of votes cast, and determine 
 therefrom i.nd certify the result of the election;" that it is the " duty of the state canvassers to 
 determine whether the paper received by them purportin<' to be returns were, in fact, such, and 
 were genuine, intelligible and substantially authenticated by law," ana if so, it was their duty to 
 count and canvass them. 
 
 This law was, in December, 1876, reaffirmed in Drew's case by the unanimous decision of the 
 Supreme Court, of which the majority were Republican. '• The duty and power of the board of 
 
 * References are made to the testimony taken by the committee by pages simply, thus: p. 10; 
 to the te^t)mony taken by the Florida sub-commiitee as Fla., p. 10; to that taken by the first 
 Louisiana sub-committee as La., p. 10. The testimony taken by the second Louisiana sub-committee 
 is embodied in the testimony of the main committee. 
 
ELECTORAL FRAUDS IN THE LATE PRESIDENTIAL ELECTION. 299 
 
 state canvassers," saj' the Court, in that case, " was confined exclusively to the compiling of suck 
 "returns of any election as should come to their hands from the county canvassing boards, and 
 " upon computation of the aggregate vote, as shown by such returns, to ascertain who had received 
 " the highest number of votes for any office, and to certify the result and declare therefrom who 
 " was elected to any office " (Fla., 59). 
 
 Such has also been held to be the true meaning of similar laws in the other states of the Union. 
 Indeed, there is no question better settled; and none as to which the view established is more in 
 accordance with the spiril of our institutions, separating government into distinct departments, in 
 which the judicial, the legislative and the executive authorities exercise distinct and independent 
 functions, 
 
 UNLAWFUL ACTION OF STATE CANVASSERS. 
 
 By the genuine returns made to the board of state canvassers, the Tilden electors were chosen 
 by a majority of 91. This result the state canvassers overcame by arbitrarily and unlawfully re- 
 jecting portions of the votes duly returned to them. Under the claim of exercising a discretion 
 with which they had not been clothed, tiiey excluded the entire return from Manat6e county, and 
 parts of the returns from the counties of Hamilton, Monroe and Jackson, amounting to over 1,000 
 votes, and thereby gave the state to the Hayes electors by a majority of 220, instead of declaring 
 the true majority fur the Tilden electors. 
 
 UNLAWFUL ACTION CONCEALED. 
 
 After all the board had heard the proofs and arguments before it, it conducted its final confer- 
 ence in secret. Federal troops surroun(ied the State House, and access was only permitted through, 
 the state officials, of which Governor Stearns was the head. Throughout the wtiole canvass, and 
 before the election, he had been alike vigilant, unscrupulous and determined. It was only on the 
 morning of the 6th of December that it was announced that the board had decided to give their cer- 
 tificate to the Hayes electors. At the same time they announced that Stearns, the Republican can- 
 didate, had been chosen governor (Fla., 147). 
 
 TILDEN ELECTORS MEET AND VOTE. 
 
 On the same 6th of December, being the day appointed by law for the meetmg of the electoral 
 colleges (R. S., § 135), the Tilden electors, who had received a clear majority of all the votes cast in 
 Florida at the election of 1876, and who were thereby, by virtue of the constitution and laws of 
 the state of Florida, duly appointed the electors of that state, met and cast their votes in distinct bal- 
 lots for Samuel J. Tilden lor President and Thomas A. Hendricks for Vice-President of the United 
 States, and certified the same in due form to the President of the Senate of the United State* 
 (Electoral Count, 12-14). 
 
 ACTION TO TRY THE TITLE OP THE ELECTORS. 
 
 On that day, but prior to their meeting, and prior, also, to the assembling of the Hayes electors, 
 the Tilden electors also brought an action by quo warranto to try the title of the Hayes electors to 
 the offices which they usurped. In that action judgment was subsequently given declaring that 
 the Hayes electors were usurpers and had no title to the office, and that the Tilden electors had 
 been duly elected thereto, which judgment remalLS in full force and effect, unreversed and undis- 
 charged. 
 
 ACTION TO TRY THE TITLE OF GOVERNOR. 
 
 At the same time an action was brought by Drew, claiming to have been duly elected as gov- 
 ernor of the state, for a mandamus directing the canvassers to re-canvass the vote of the state for 
 governor, according to the established law of Florida, which, like that of other states, provides for 
 directing a re-canvass, or completion of the canvass, in case of mistake, neglect or abuse by the can- 
 vassing officers. In that proceeding the Supreme Court of Florida adjudged and declared that the 
 canvassing board had exceeded its powers, and had usurped discretionary and revisory functions 
 not committed to It by law, and that its duty was to count the votes returned to it, not to discard 
 them, and directing it to complete the canvass of the votes duly returned to them (Fla., 60, 74). 
 
 THE RE-CANVASS FOR GOVERNOR. 
 
 In obedience to that direction the board of canvassers did proceed to re-canvass the vote of the 
 state for governor, and returned Drew as elected, and thereupon he entered upon the office of gov- 
 ernor, ana has remained such, without question, ever since. 
 
 In January, 1877, the legislature of the state convened. It at once declared that It was the duty 
 of the state canvassers to also count the votes for electors, according to the judgment rendered by 
 the Supreme Court of the state, and directed that they proceed to re-canvass the vote accordmgly, 
 and to verify the result of the election. And the board of canvassers did thereupon proceed to re- 
 canvass the votes in accordance with the law as settled by the Supreme Court, and as ordained and 
 directed by the legislature, with the result that the Tilden electors were found to have been chosen 
 by a majority of ninety-one votes (Act January 7, 1877; Electoral Count, 22). 
 
 The same statute declared the electors shown to have a majority on the re-canvass made accord- 
 ing to law to be the true electors, having the riirht, and alone having the right, to cast the vote of 
 the state; then superadded an appointment by the legislature under the Constitution of the United 
 States; and also provided for a lawful and conclusive authentication of the right of such electors 
 to cast the vote of the state, and for the issue of true certificates by the state canvassers and the 
 issue of true certificates by the governor (Electoral Count, 22). 
 
 Thereupon the governor of the state proceeded to issue his certificate in due form (R. S., § 136), 
 declaring, as provided by law, that the Tilden electors, which had duly met and voted on the 6th 
 of December, the day fixed by law, were the persons appointed to the office of electors for that 
 state. 
 
 DECLARATION BY THE STATE OP FLORIDA. 
 
 And thus it was that the state of Florida, prior to the second Tuesday in February, when the 
 votes of the electoral colleges were to be opened and passed iijjon and counted in Congress, as pro- 
 vided by the Constitution and the law, had duly declared, by every department of her government 
 
SOO ELECTORAL FRAUDS IN THE LATE PRESIDENTIAL ELECTION. 
 
 —the executive, legislative and judicial— that the votes cast at the election of 1876. in accordance 
 with the Constitution of the United States and the laws of that state, the Tilden electors were the 
 true and only electors appointed in Florida, and were the only persons entitled, on the 6th day of 
 December, 1876, to cast the vote of that state for President and Vice-President, and that the 
 Hayes electors had usurped the office, misrepresented the choice of the people and the wishes of the 
 state. 
 
 USURPERS RECOGNIZED. 
 
 But it was impossible to get any decision by the court on the quo warranto in the few hours be 
 tween the announcement in favor of the Hayes electors by the canvassing board and noon of that 
 .same day; and at noon the persons who were unlawfully declar d by the state canvassers to have 
 been chosen electors met and assumed to cast the vote of the state for Hayes and Wheeler. So that 
 while the usurpation of the state canvassers was corrected by the state at the earliest possible mo- 
 ment, and the canvassers, by withholding their declaration, had themselves fraudulently prevented 
 its earlier correction, and a though the persons who were really elected had duly met and voted for 
 President on the law day, nevertheless, the Electoral Commission decided, because of the fraudu- 
 lent return of the canvas^-ing board, and because the governor had fraudulently withheld his certifi- 
 cates from the true electors, and given them to the persons falsely returned electors by the canvass- 
 ing board, that the spurious electors were in possession of the office on the law day, and did exer- 
 ■cise the power of the state, and that all the authorities of the state combined werrf powerless to 
 
 five evidence, and Congress was powerless to accept evidence of the public facts which everybody 
 new. And Mr. Hayes holds his title by this decision (Electoral Count, 11). 
 
 FRAUDULENT ANIMUS OF STATE CANVASSERS. 
 
 It was assumed in Florida that the state canvassers could exercise power to go behind returns, 
 and during some days evidence was introduced and discussions had before them in contemplation 
 •of that probability. It might seem, therefore, not to be just to conclude from the mere assumption 
 by the state board of such powers that they intended to act falsely and fraudulently. But an exam- 
 ination of what they did will disclose that their controlling purpose was to count the state, at all 
 ■events, for Hayes. While frauds pointed out by Democrats were disregarded, Democratic votes 
 enough were excluded, without just cause, to secure the result upon which they had determined. 
 
 A review of the votes cast returned to and rejected by the state canvassers will make clear the 
 fraudulent animus which controlle . the Republican members of that board 
 
 IN REJECTING VOTES. 
 
 The whole vote of the county of Manatee, which was 262 for the Tilden and 26 for the Hayes 
 electors, was rejected for the alleged reason that there had been no clerk to conduct the registra- 
 tion. That there was no clerk was because Stearns, the Republican governor, had failed to appoint 
 one for that Democratic county. For this official dereliction on his part the board deprived all the 
 voters previously registered of their suffrage, and rejected the whole vote of the county (Sen. 
 Rep., fill, pp. 356-'64). 
 
 In Hamilton county they threw out the whole vote at poll No. 2, in Jasper precinct— where the 
 vote was 320 for the Tilden electors and 189 for the Hayes electors— withoat any charge of illegal 
 voting, but on the alleged ground of irregularity, because two Republican inspectors who conduct- 
 ed the election and made the return's, filed an affidavit before the board, stating that they had 
 absented themselves from the polls different times during the day (Ibid., pp. 151-154 : ibid., pp. 
 416-42.5). 
 
 In Monroe county they rejected the return of 401 Democratic and 59 Republican votes because 
 the canvass was not completed that day, the inspectors having adjourned and completed it th': next 
 morning, although there was not even a suggestion of wrong in the count or cu^^tody of the bollots. 
 
 In Jackson county, Campbellton precnct— giving 291 Democratic and 77 Republican votes— the 
 vote was entirely thrown out, althouo:h it was not even claimed that more than 133 Republican votes 
 could have been given, because the inspectors went to dinner and left the ballot-box meantime 
 carefully locked in a secure place, also locked and barred, placing the ke5'8 in the possession of the 
 Republican inspector, who certified to the returns and testified tnat there was no fraud nor wrong 
 about the election. And the return for Friendship precinct, giving 145 Demoeratic and 44 Repub- 
 lican vt)tes, was rejected, because the inspection ofiicers, who were colored, left the church, where 
 the election was he^d, at night, without completing the count, to go to a neighboring house to get 
 lights and paper to complete it, and tliere made their return (.Ibid., pp. 175-178; ibid., 201-2). 
 
 IN RECEIVING VOTES. 
 
 On the other hand, frauds by which the Democrats suffered were disregarded. 
 
 In Alachua, Dennis was the chairman of the Republican committee, and the virtual manager of 
 the Republicans in the county. To his house, on the night following the election, came Richard 
 H. Black and Thomas H. Vance, two colored men who had been conducting the election at Archer 
 precinct, box 2 ; Vance as inspector and Black as clerk, both leading and managing Republicans 
 <Deimi8, 477; do. 494; Fla., 155-171). 
 
 They brought with them a blank for the returns of the election already signed and sealed, but 
 as to which the figures remained to be filled in. They were asked by Dennis what was the 
 vote at the precinct where they attended, and they informed him that it was 178 Republican and 
 141 Democratic ; and they had so announced it at the polls. At that he expressed great indigna- 
 tion, and declared that the business had not been properly managed, or no such result could have 
 been reached. They expressed contrition, and their wiilingness to correct any error that h id oc- 
 ■curred in the returns. He accordingly furnished them with an upper room, and. with a printed list 
 of the voters of the county, and from that printed list they proceeded to add 219 fictitious names to 
 the poll-list, and as many to the Republican candidates". This brought the vote up to a total of 31)7 
 Republican and 141 Democratic, and their return was filled up to correspond with this result. This 
 fraudulent return was then forwarded to the county canvassers, and embraced in their return to 
 the state canvassers, notwithstanding one of the inspectors at that pole made affidavit the return 
 Avas false and forged. The visiting statesmen allotted to Governor Noyes the task of maintaining 
 the truth > nd fairness of this return before the state canvassers (Dennis 492, 403, 494; Fla., IGJ; 
 Denniis 492-^4, 48'., 486, 49.*:). 
 
ELECTORAL FRAUDS IN "^HE LATE PRESIDENTIAL ELECTION. 301 
 
 These retrnrns were attacked by the Democrats on the grounds of this addition. Dennis defended 
 them. The board allowed them. McLin, one of the board, and Dennis, Black and Vance were all 
 subsequently appointed to office by Hayes. McLin and Dennis were thereafter retired, and McLin 
 then admitted the fraud in Alachua, and Dennis confessed his participation in it. Black and Vance 
 have been in attendance on your committee, but have not appeared to deny the transaction. They 
 still continue to hold their places in the departments. The transaction itself, therefore, may be 
 said to remain uncontradicted (McLin, Fla., 129-lSO; Fowle, Fla., 151-154). 
 
 In Leon County, Bowles, one of the inspectors of the election procured a lot of small Repub- 
 lican tickets, to be printed in very fine type and on thin paper. These tickets, spoken of in Florida 
 as "little jokers," ne had printed at the official Republican printing office. Before the election he 
 showed them to McLin, and stated his purpose of u?^ing them. The plan was to fold them up inside 
 the ballots that were voted, and hav«.! them surreptitiously so cast, or otherwise to smuggle them 
 into the ballot-boxes, which tht-ir small size easily admitted of. McLin advised Bowes not to use 
 them. After the election Bowes stated that he had managed to smuggle seventy-three of them 
 Into the boxes in his precinct, and he told McLin, after the state had been awarded to the Demo- 
 crats, and it was known Drew was to be governor, that he was in a scrape on this account, and that 
 he had to clear out for stuffing the boxes. It was claimed, because these ballots were found loose 
 in the box, and not folded inside the other tickets, that they had been regularly cast; but it would 
 have been very easy to have produced that effect, either by some other manner of stuffing the box 
 than the one originally proposed, or by shaking the box after they were deposited, and thus ecat- 
 tering.them, and that circumstance was of no weight against Bowes' own admission, and against 
 the evidence of the persoiis receiving the ballots, that not one of these small ballots was voted. 
 Bowes fled the state for protection, and found a refuge in the Treasury Department at Washington, 
 where he still remains (Fla., 99; Edwards, Fla., 94-'7; Fla., 129, 152, 153; Booth, 153). 
 
 In a certain precinct in Jefferson county, where Bell was inspector, the inspectors tied up the 
 tickets into bundles of one hundred each and laid them out on a counter. Bell ingeniously with- 
 drew one of these bundles, probably all Democratic votes (but whether all such or part only and 
 gart Republican, perhaps, does not clearly appear), and substituted instead one hundred Republican 
 allots; for which little service— early admitted and confessed also to McLin when the Democrats 
 recovered the state— Bell found a haven in the Department of the Interior (McLin, Fla., 99, 126- 
 130; ibid., 126-130). 
 
 THE FACE OF THE RETURNS. 
 
 It has oeen denied upon the face of the returns the Tilden electors had a majority of the votes 
 cast. 
 
 The Executive and the Repuplican officials of Florida who conducted the election well knew 
 the import«nce of having a majority on the face of the returns, and they made the most desperate 
 efforts to secure one. But it will be seen that the effort failed, and that only after it was learned 
 that the returns gave the Tilden electors a majority that the expedient of assuming unauthorized 
 discretionary power wa^ resorted to by the state canvasser(». 
 
 About this there ought to be no dispute. The returns from.the various counties, as certified ta 
 the board of state canvassers, gave 24,441 votes for the Tilden electors and 24,350 votes for the 
 Hayes electors. An attempt was made to falsify the returns from Baker county so as to reverse the 
 result. The history of this attempt, as told by the Republicans who conducted it, and confirmed 
 by all the evidence, is significant (Bloxham, Fla., 54). 
 
 BAKER COUNTY FALSE RETURN. 
 
 The law required the county clerk (clerk of the Circuit Court of the county), county judge, and a. 
 justice of the peace for the county, to canvass the precinct returns as soon as they were all received,, 
 and if not then all received, to canvass those received by the sixth day after the election, and 
 certify the result to the secretary of state and governor (Coxe, Fla., 11 and 47). 
 
 In. case of the absence or refusal of the county judge or clerk to act, the sheriff of the county 
 was to be called upon to act in his place. The canvass was to be conducted publicly at the clerk's* 
 office (Coxe, 11 and 47). 
 
 The returns having been all received, Coxe, the clerk of the county, notified Allen, the sheriff,, 
 in the absence of Driggers, the county judge, to attend on the 10th of November, at the place pre- 
 scribed by law, to canvass the returns. A like notification was given to Dorman, the justice of 
 the county. Dorman attended, but Allen, the sheriff, refused to join in the canvass, which the- 
 clerk and the justice thereupon proceeded to make and return to the secretary of state. The 
 county contained four precincts, the votes from ail of which were embraced in this canvass, and 
 gave 238 votes for the Tilden and 113 votes for the Hayes electors (Coxe, Fla., 12; Bloxham,. 
 Fla., 7). 
 
 Drigs'ers, the county judge, hearing of this canvass, on the 10th of November gave written 
 notice to Coxe and to Dorman of a canvass to be held on the 13th of November, that being the^ 
 latest day allowed by law for canvassing the returns. He then went to Tallahassee, and there 
 learned the result in the state, a d that the vote of Baker county gave the state to Tilden. He pro- 
 cured there from Stearns, the governor, a commission to owe Green, as a justice of the peace, and 
 returned to Sanderson. On the 13th Dorman and Coxe attended, upon the notice which Driggers 
 had given, to proceed with the canvass. Drij.gers absented himself part of the day, but they sub- 
 sequently found him, and he then refused to join them in the canvass. Thev then applied to- 
 Allen, the sheriff, to join in making the canvass, and he, under instructions from Driggers, refused 
 also. Driggers told Allen that " they (the Republicans) were beat in the state ; that something 
 must be done," and that " he proposed to have a canvass by himself." Allen asked him how he^ 
 could get any one to act with him, and he said he "had got it all right ;" that he "had a com- 
 mis^ion for Bill Green as a justice of the peace" (Coxe, Fla., 16; Driggers, Fla., 33; Coxe» 
 Fla., 14-17 ; Allen, Fla., 18 ; Green, 25). 
 
 Coxe and Dorman, after waiting all the day, proceeded, late in the afternoon, upon the refusal 
 of both the sheriff and county judge to join them, to complete the canvass themselves. This cor- 
 responded exactly with the canvass made upon the 10th ; and they certified the result, with an 
 explanatory note, stating the refusal of the other officers to participate in the canvass, and left and 
 locked up the clerk's office (Coxe, Fla., 12). 
 
 After dark Driggers procured a key to the clerk's office, and taking Allen and Green with him, 
 entered and found the returns lying on the table, where Coxe and Doiraan had left them . He thea 
 
S02 ELECTORAL FRAUDS IN THE LATE PRESIDENTIAL ELECTION. 
 
 told Allen and Green that they must throw out two precincts— Darb3'ville and Johnsville— which 
 gave Tilden a majority of 126, and they excluded them entirely, and took the addition of the votes 
 of the other two precincts made by Coke and Dorman, and returned those two precincts alone as 
 the vote of the county. In excluding from the returns the two precincts that thoy did, Allen and 
 Green acted solely upon Drigirers' direction. They had neither proofs, affidavits nor other evidence 
 of any kind before them ; but Driggers said that he knew one case of illegal voting in one precinct 
 and one of intimidation in another, and they must exclude these precincts, and that it was 
 necessary for the success of the Republican party in the state that they should do it : and they did 
 it (Allen, Fla., 19 ; Allen, Fla., 18 ; Driggers, Fl;i., 33 ; Green, 25). 
 
 When the board of state canvassers came to Baker county, having before them the returns from 
 all the p ecincts, with which of course the Coxe return corresponded, they properly took the Coxe 
 return and canvassed it. McLin first read out the Driggers return as if the only one received, be- 
 cause, as he savs, " it was the one most favorable to the Republicans." But on the other return 
 being demanded, the fourth-precinct return was reluctantly produced, and was then read, and was 
 canvassed. This left a majority upon the face of the returns for the Tilden electors and for Drew, 
 the Democratic candidate for governor. But by exercising the arbitrary power of rejecting votes 
 from other counties, the state canvassers succeeded in bringing out majorities for the Hayes 
 electors and for Stearns, the Republican candidate for governor. But none the less it remains 
 that according to the face of the returns the Tilden electors were duly chosen in the state of 
 Florida, and should have been so declared (Pasco, Fla., 55-56 ; McLin, Fla., 105). 
 
 It was claimed that if the canvassers must count by the face of the r turns, they were bound to 
 count the Driggers instead of the full returns from Baker county, because it was signed by the 
 judge, a justice and the sheriff, while the full return was only signed by the clerk and a justice. 
 But the sheriff had no power to act except when the clerk or judge did not. And as the returns 
 ghowed that b')th the clerk and judge had acted, they furnished the board the evidence on their 
 face that the contingency in which alone the sheriff was authorized to act had never occurred, and 
 that his action was a nullity. The board had, therefore, before it two returns, each signed by two 
 authorized officers only, one returning the vote of but two precincts, the other returning the vote 
 of all the precincts in the county and explaining the absence of the judg3 and sheriff. On the face 
 of the returns, therefore, ihe latter was a complete, the Driggers return only an incomplete and 
 partial return : and, under the circumstances disclosed by the returns, one suggestive of fraud. 
 
 BAD FAITH OF THE STATE CANVASSERS. 
 
 The conduct of the two Republican state canvassers subsequent to thi-< canvass shows their 
 •want of good faith ; for, aft. r the direction of the Supreme Court requiring the re-canvass of the 
 -vote for governor, they volunteered to re-canvass the vote for the electors in accordance with 
 Its decision in the cas • of the vote for governor— that is, accordmg to the true returns before them. 
 As doing this would give a majority to the Tilden electors, when they came to Baker county they 
 took the return Driggers had manufactured, containing but two precincts of that county, and 
 thereby made the result seem to be, upon the face of the returns, for Hayes. But as between the 
 double returns from this county it was within tlieir province to decide, and as they had the facts 
 .and the precinct returns before them, and had previously determined that the Driggers return was 
 l)artial and false, their adopting it on this canvass, under the f.il.«e pretense of obedience to the 
 •court, was another fraudulent act in violation of right and law to make it falsely appear that the 
 astate had gone for Hayes. Especially clear is this, as in both their canvasses of the governor's vote 
 they included the fourth-precmct return of Baker county (McLin. Fla., 107 ; McLin, Fla., 127). 
 
 Howell, an employee in the clerk's office of Baker county, claimed the credit of causing the 
 Driggers canvass, and insisted that it was he that had secured Mr. Hayes' election, as the double 
 returns from that county furnished the pretext for counting it for Hayes ; and he was rewarded 
 for his ingenious device by being made United States collector of the port of Femandina (McLin, 
 F1&., 141). 
 
 THE ACCURACY OP THE PRECINCT RETURNS. 
 
 An application was made to your committee to show that the precmct returns in the state of 
 Florida did not correspond with the votes actually offered. That evidence we declined to receive. 
 An inquiry as to whether the local election officers of the state of Florida had improperly received 
 or rejected any votes would be neither profitable nor practicable. Such an inquiry would involve 
 evidence not only as to what took place before them, but as to the residence, naturalization, or other 
 fitness, as well of the persons whose votes were rejected as of those whose votes were received, 
 and might be so conducted as to extend to every man in the state, and its completion thus be 
 made absolutely impracticable (Allen, Fla., pp., 22-3). 
 
 Beyond this the laws of the state of Florida do not contemplate such an inquiry. The laws 
 require the precinct officers to count the votes cast, so far as they tally with the poll-list, and re- 
 turn the same to the county officers, who are to compile and forward the votes thus returned them 
 by the precinct officers to the board of state canvassers : and the state has withheld from them 
 liny other authority. When the precinct officers and the county officers and the state officers had 
 exercised these powers, and the only authority vested in them, the result showed that the state 
 had cast its vote for Tilden. That vote had been a.scertained by the means provided by law, and 
 an inquiry into the purpose or wishes of the individual voters would have been alike impracticable 
 and without the law of Florida. 
 
 In vi'W of the control which the Republican state officials exercised over the election and 
 TCti.rns throughout the state, and their determination to use every possible influence, power and 
 opportunity to have the state counted for the Republicans, it is quite certain that no injustice 
 could, on the whole, have been done to their own party by the local officers of election. But had 
 it been otherwise, it was not within the authority of Congress to correct the evil, nor within its 
 powers efficiently to investigate it ; and we therefore decided not to enter upon an inquiry such as 
 the state had not provided for, which could not be brought to any conclusion within the term of 
 this Congress, and which could result in no fact important for'the determination of the real ques- 
 tions involved in the investigation. 
 
 THE DECISION OF THE ELECTORAL COMMISSION. 
 
 As is well known, the Electoral Commission, by a strict party vote, refused to inquire into fraud 
 in the appointment of '^.•lectors, and refused to receive evidence thereof or to inquire into their title, 
 
ELECTORAL FRAUDS IN THE LATE PRESIDENTIAL ELECTION. 303 
 
 and refused also to recognize the vote cast by the electors appointed in accordance with the Con- 
 stitution and tlie laws of Florida, and which, upon the completion of the canvass directed by the 
 legislature, and conducted in accordance with the judgment and direction of the Supreme Court, 
 had been verified as the only real appointment by Florida. They persisted in counting instead the 
 vote given by tlie usurping electors on the 6th of December for Hayes and Wheeler, which is the 
 foundation of their title. , ,., . * 
 
 And yet, as has been stated, there is really no question or dispute about what did occur in the 
 state of Florida, and it is evident from all the proceedings in that state that, according to a true 
 return and canvass of the votes cast, a majority of the votes of that state were cast for Tilden and 
 Hendricks, and not for Hayes and Wheeler. 
 
 Nor can it bo doubted, from a review of the undisputed facts, that the action of the state authori- 
 ties in falsely returning the state for Hayes and Wheeler, was an intentional wrong, fraudulently 
 and knowingly carried out under the encouragement of the visiting statesmen. 
 
 THE DANGER FROM THAT DECISION. 
 
 Such a wrong mav be repeated in any state at any Presidential election, and the Electoral 
 Commission has decided that, if it be not corrected by the state before the first Wednesday of De- 
 cember following the election, it cannot, under existing laws, be corrected at all, and that the vote 
 of the usurping electors must be counted. 
 
 This we think an erroneous, unjust and dangerous determination. 
 
 The exercise of choice l)y one entitled to suffrage cannot be said to be complete until his vote 
 is finally deposited. If a man were to approach a poll, and offer to vote by handing up a ballot, 
 and his vote should be challenged, and he should be subjected to question, and finally be required 
 to swear in his vote, and the ballot he tendered should be passed up from the officer who received 
 it to one who compared it with the registry, and from him to one who administered the oath and 
 conducted the examination, and finally to that officer who was to deposit it in the ballot-box, and 
 at the last moment the latter should remark to the voter : "I notice you vote for A B," and the 
 voter should reply; *' No ; that is a mistake; I had a wrong ballot put into my hand ; I intended to 
 vote for C D; give me back that ballot ;" every one would say that the correction was in time, and 
 that the voter would have the right to recall ti.e ballot wh.ch he had mistakenly passed up. Just 
 i?o, it seems to us, that when, by the fraudulent and unlawful action of the canvassing board, men 
 received certificates as electors who were not entitled to them, and thereupon assumed to cast the 
 vote of the state, there remained in the state, until the return was finally opened and Congress 
 came to decide what were the electoral votes, a power to annul the action unlawfully taken, and to 
 declare that the vote thus returned was not her vote. 
 
 AND ITS INJUSTICE. 
 
 The Tilden electors, who had a majority of the votes cast at the President.ai election in Florida 
 in 1876 were, by virtue of the Constitution and the laws of Florida, thereby appointed the electors 
 of that state. It then only remained to declare their election. That the canvassing board fraudu- 
 lently declared persons not elected to have been appointed, or that the governor fraudulently with- 
 held his certificate from the true electors, did not affect the right of the Tilden electors, and when 
 they met on the day fixed by law and cast their votes for President and Vice-President, theirs were 
 the only votes for those offices entitled to be given, and when that fact was made to appear by the 
 action and declaration of every department of the state government, no other votes should have 
 been counted. 
 
 Neither the Constitution nor any law in pursuance of it limits the state from offering evidence 
 to verify its vote or prevent the Congress from receiving such evidence at any time before they 
 act in receiving and counting, or refusing to receive, the votes certififd as the vote of the state. 
 And the Constitution makes the two Houses of Congress the exclusive and final judge of what 
 electoral votes shall be counted. 
 
 REMEDY RECOMMENDED. 
 
 But, since the Electoral Commission have otherwise decided, we recommend the passage of an 
 act providing that in case of contest as to the choice of the electors in any state, if the highest 
 court of the state shall hear and pass upon the title of the contesting electors, its judgment, when 
 certified to the Congress any time before the second Monday in February following the election, 
 shall be controlling upon that question, unless the two Houses of Congress otherwise order and 
 agree. 
 
 MR. NOYES' CONDUCT. 
 
 It was claimed, and this was the only point npon which there was any conflict in the evidence, 
 that the wrongful action of the state authorities was not procured by the co-operation of Mr. 
 Noyes, and that he, at least, had no knowledge of their fraudulent purpose and conduct (Dennis, 
 478; McLin, Fla., 100). 
 
 Mr. Noyes seems to have been regarded as the leader of the Republican visitors and special 
 friend of Mr. Hayes. He often spoke of Hayes as his intimate friend, and gave assurances of 
 Haves' fidelity to the Republican cause, and his special desire to take care of Southern Republi- 
 cans. He occupied, while at Tallahassee, the same room with Gen. Lew Wallace. 
 
 He denies having made Mr. McLin any promise of office or reward for his conduct on the can- 
 vassing board, and Gen. Wallace says the assurances which McLin received were from him. As it 
 was known th it the Presidency was at stake, and telegrams from all parts of the country were 
 coming in to the officials and canvassing board of Florida to stand firm, it doubtless '-goes without 
 saying"' that McLin and Cowgill knew they were to be compensated or rewarded for any service 
 that they did either party at that juncture, and Mr. No3'es admits having waited on McLin imme- 
 <liately after the canvass to thank him and offer his services to obtain reward for him (McLin, 
 Fla., 98 and 100). 
 
 He denied having even had any private conversation with the canvassers. But as to this he is 
 probably mistaken (Noves, 504; Cocke, Fla., 149; Mcintosh, Rippey, 1330; Dennis, 478^81). 
 
 There was somedon'ht about the sincerity of the visiting statesmen's desire to save the state for 
 Stearns, the idea being that they cared only for Hayes. The Republicans known as carpet-bag- 
 gers had an indignation meeting over this. Dennis had heard that Gen. Barlow had been negoti- 
 
304 ELECTORAL FRAUDS IN THE LATE PRESIDENTIAL ELECTION. 
 
 ating with the Democrats to have the state counted for Hayes and Drew, and he went, as the rep- 
 resentative of th- carpet-bag Republicans, to see Mr. Noyes, whom, he says, they regarded and 
 who was generally understood to be the personal representative of Mr. Hayes. He found Noyes 
 and Wallace in bed, and in an excited manner stated the alarm he and his friends felt, and added: 
 V We had determined that the state belonged to Tilden and Drew or to Hayes and Stearns; that it 
 did not belong to a Republican President and a Democratic governor." He demanded that the- 
 management of the Republican case before the canvassing board be taken away from Barlow;; 
 "that they believed there was a trade going on, by which the national ticket was to be saved and 
 the state ticket sacrificed; and that they intended to give the state to Tilden in that event, if they 
 could, and that they believed they could." At this Noyes and Wallace both got up, went speedily 
 out, giving Dennis satisfactory assurances; and the result was, that ihe munayement before the 
 board was transferred from Barlow to Noyes. 
 
 Noyes admits the visit; says Dennis was greatly excited; complained that the local Republicans 
 considered they were being sold out; demanded that the c<mduct of the case should be taken from 
 Barlow, "and threatened all sorts of things— -to give up.' try to do nothing'— if the demand 
 was not acced'-d to." Noyes adds that Dennis did not explain what he meant by selling out; that 
 he neither understood nor thought about how it was possible, at all, and only acted as he did to 
 accommodate Dennis and his friends, who were angry and distrustful (Noyes, 499). 
 
 Dennis further states, that in the Alachua case, in which he procured the affidavits to support 
 the false returns, Noye^ notified Dennis of his intention to call him as a witness; Dennis objected; 
 "told him he must not do it, unless he wanted to give up his case, or words to that elf ect." "I 
 wanted him," he testifies, "to understand that I objected to going on the stand, and it would do 
 no good to put rae there. He asked for no explanation, and I gave him nont-, and lef^him to draw 
 his own inferences." "He knew that I was familiar wiih the election proceedings in Alachua 
 county, and in getting the evidence. He knew that I did all the work there myself (Dennis, 482). 
 
 fsoyes states that he asked Dennis to be sworn because he had msisted upon the correctness of 
 the Alachua returns, and had undertaken to prove it, and had proved it to his own satisfiaction; 
 but that he had learned that Dennis' life had been threatened; that he had heard somewhere of his 
 calling together tlie colored people of the vicinity, and having them kneel down and raise their 
 hands and "swear that if he was killed they would lay wa«te in every direction and avenge his 
 death." " That," he adds, "made an impression on mo. Knowint', therefore, the dangtr which, 
 he and others regarded him as being in, the impression I got was that he did not wish to U stify so 
 as to bring himself into conflict with anybody, especially, perhaps, because he himcelf was a candi- 
 date for the Senate, and his own election was at stake. That was the only impression I had'* 
 (Noyes, 497). 
 
 Many persons may regard these explanations as far from satisfactory, and, unfortunately for the 
 last explanation, it has appeared that Dennis' own election was not at all at stake, having beea pre- 
 viously decided, and that, so far from liaving been alarmed or having considered himself in very 
 great danger, he had never been alarmed at all. On the contrary, he told Mr. Noyes " that it was 
 often necessary to assume a bold and aggressive attitude; and, as illustration, said that he was 
 once going to Noonansville to hold a meeting, and was varned by, perhaps, two or three citizens 
 not to speak, that it might lead to a disturbance that might endangtr his life; that he went on to 
 the meeting and spoke, and stated the warning, and asked the audience if anything happened to 
 him if they would retaliate and avenge him, wliich they expressed their willingness to do. He was 
 not intimidated, and never gave Noyes the impression that he was; that, after learning of Noyes* 
 testimony, bespoke to Noyes and told him it was wholly imaginary, and that he wi^hed him to 
 correct it; that he promised to do so, but left for Europe without doing so; that he then wrote him 
 and received in reply the letter to be found at page a54 (Dennis, 853-855). 
 
 Dennis adds, and it Is curiously illustrative of the intimidation cry, that the first time he 
 heard of his being intimidated was on tome social occasion, when Noyes wjis telling the same 
 story he testified to before the committee, and that when he undertook to correct him, Noyes dis- 
 
 Sosed of him with the reply : " Now, Dennis, do not interrupt me, this is my story ; " of all of which 
 foyes makes no contradiction (Dennis, 854). 
 
 Noyes was not then a Federal ofticer ; he has since received his appointment as minister to France. 
 He may not be liable to be impeached for any action before he became minister, nor to any punish- 
 ment by Congress; and the committee, therefore, submit whether the action of state canvassers of 
 Florida was influenced by his conduct and action. 
 
 GENERAL BARLOW's JUST COURSE. 
 
 Among the gentlemen sent by the Presidont to Florida was General Francis C. Barlow. His dis- 
 tinction as a lawyer, a soldier and a public man caused him to be regarded as a leader there. He 
 argued various questions for the Republicans, but when finally desirtd to sum up their whole case 
 before the canvassing board declined, because unwilling to insist upon all they claimed. He was 
 ready to sustain everything that could be rightfully urged for the Republicans, but not what was 
 ckarly untrue, unjust and unfair. 
 
 After the proofs were closed he had an interview with Mr. Cowgill, one of the canvassers, in which 
 he stated the necessity for applying the same principle to both |)arties, insisting that Democratic 
 polls should not be thrown out where, on like facts and conditions. Republican polls were retain- 
 ed, nor Republican polls received where, under like circumstances, Democratic polls were rejected. 
 
 As the reeult of the application of these principles to the facts before the board, he stated to Mr. 
 Cowgill he did not see how the vote of the state could be given to Hayes. In this Cowgill con- 
 curred. Governor Stearns then came in, and to him General Barlow repeated his views and con- 
 victions. Later in the evening he made a like statement to one of the Democratic counsel, and the 
 following day he communicated these views to others. Mr. Cowgill having again called upon him 
 and exhibited a change of feelinp; upon the subject, he then wrote him a letter reiterating his desire 
 to see the same rules df law and evidence impartially applied to both sides. 
 
 For this General Barlow was severely censured before the committee by Mr. Chandler, who had 
 charge in Florida of the Republican case, who insisted his conduct had been treacherous and dis- 
 honorable. It is conceded that General Barlow commnnicated no fact to the Democrats, nor ex- 
 pressed his conclusions until the case was closed, and then openly and frankly to his own party 
 friends first; but Mr. Chandler claims that,<»tiinding in the relation he did to the Republican party, 
 he ought not to have expressed to the canvas&ers or to the public his conviction as to the result of 
 the election and the duty of the board. 
 
 General Barlow seems to have really thought that Florida ought not to have been counted for 
 
ELECTORAL FRAUDS IN THE LATE PRESIDENTIAL ELECTION. BOS' 
 
 the Republicans unless that could be fairly done. Indeed he told Mr. Chandler Mr. Hayes would 
 not accept the Presidency unless satisfied he was fairly elected. This Mr. Chandler denounces afr 
 " a shallow and sickly pretense " on the part of Mr. Hayes. 
 
 It aftbrds the committee satisfaction to find one man with whom, at any rate, this was not a- 
 pretense; and who, notwithstanding he regarded the election of Tilden " as a great national calam- 
 ity," was still willing to face the coldness of his friends and the accusations of his associates in the- 
 discharge of what seemed to him, as it does to us, a paramount duty; and who did really go to 
 Florida for the purpose of seeing "a fair count"" That his was the single instance of such integ- 
 rity and independence only entitles him to the more respect. 
 
 LIST OF OFFICE-HOLDERS. 
 
 In conspiracies everything is to be pre«umed against the conspirators. In crimes participation: 
 in the fruit of the crime is among the strongest evidences of complicity in it. 
 
 The following officers of the government were in Florida during the Presidential canvass,, draw; 
 n g their regular salaries, looking after the canvass: 
 Thomas J. Brady, Second Assistant Postmaster-General. 
 
 E. W. Maxwell, Assistant in Attorney-General's Office. 
 Peyton. " " " " 
 
 II. Clay Hopkins, Special Agent Post-Office Department. 
 
 Wm. T. Henderson, " " " 
 
 Z. L. Tidball, 
 
 B. H. Camp, " " " 
 
 Alfred Morton, " " " 
 
 The following were visiting statesmen since appointed to office: 
 
 Edward C. Noyes, Minister to France. 
 
 John A. Kasson, Mmister to Austria. 
 
 Lew Wallace, Governor of New Mexico, 
 
 John Little, Attorney-General of Ohio. 
 
 Gen. Francis C. Barlow, late Republican Attorney-General of Kew York. 
 
 Wm. E. Chandler, Secretary of National Republican Committee, were also among the principsRSr 
 visiting statesmen. 
 
 General Barlow wrote a letter stating that Tilden was elected. 
 
 Mr. Chandler wrote a pamphlet reflecting on Mr. Hayes. Neither of them have been appointed: 
 to any office. 
 
 Tlie following persons were connected with the count in Florida, and have since received the ^ 
 following appointments: 
 
 M. L. Stearns, governor. Commissioner of Hot Springs. 
 
 John Vamum, adjutant-general, Receiver Land Office. 
 
 George H. DeLeon, governor's secretary. Custom House, 
 
 Samuel B. McLin, state canvasser. Justice of New Mexico. 
 
 F. C. Humphreys, first elector at large, Collector Pensacola. 
 
 Charles H. Pearce, second elector, has been convicted of bribery when member of legislature- 
 and pardoned by Stearns (Sen., Rep., 611, p. 14). 
 
 J, W. Howell, Baker false return. Collector Fernandina. 
 
 L. G. Dennis, Alachua, manager. Treasury sinecure. Dennis became dissatisfied with thi'r! ; 
 subordinate position; was removed, and then published an affidavit admitting the fraud. 
 
 Richard H. Black, false returns Alacha, Custom-house. 
 
 Thos. H. Vance, false returns Alachua, Sixth Auditor's Office. 
 
 W. K, Cessna, county judge Alachua, Postmaster Gainesville. 
 
 Joseph Bowes, stuffed boxes L'^on county. Treasury. 
 
 James Bell, changed tickets Jefferson county, timber agent (Bell was dropped but after Den- 
 nis' statement was reinstated). 
 
 Moses J. Taylor, clerk Jefferson county. Land Office. 
 
 Manuel Govan, Rep. manager Monroe, Consul Spezzia. 
 
 Phelps, political manager, Sec. to McCormick at Paris. 
 
 E. W, Maxwell, detective, lieutenant regular army. 
 
 G. D. Mills, telegrapher. Interior Department. 
 
 William J. Purman, member of Congress, had sister in Treasury Department; declared he con- 
 sidered Tilden elected, and his sister was dismissed. 
 
 Dennis Eagan, Ch. Rep. State Com., timber agent. Eagan came to Washington to testify;; 
 then stated he knew nothing; returned home, and received this appointment. 
 
 II. 
 
 LOUISIANA. 
 
 In Louisiana a returning board existed, having by statute (but, as we think, contrary to the- 
 state and Federal Constitutions) discretionary power in certain cases over the returns. They- 
 usurped a kindred power in cases where none was granted, and by arbitrarily and fraudulently re- 
 jecting more than ten thousand Democratic votes duly cast and returned, gave that State to Hayes^ 
 
 SUPERVISORS OF REGISTRATION, 
 
 The election laws of Louisiana provided for a registration of all the eligible voters of the state_ 
 Supervisors for this registration, and the r clerk, were to be appointed in every parish (county) by 
 the governor. These supervisors were to conduct and continue the registtation from year to year. 
 They were to sit for thirty days preceding the election in order to hear tht persons seeking to be 
 registered, and to register or reject the same. From their judgment there was no appeal, Thej 
 
306 ELKCTORAL FRAUDS IN THE LATE PRESIDENTIAL ELECTION. 
 
 conld, in effect, register whom they pleased and refuse whom they pleased; and the citizens re- 
 jected, or the body of citizens injured by improper registration, were alike without remedy. Pos- 
 sibly some action at law might have been taken against the supervisors, but none by which prac- 
 tical relief could be secured before the election (Act 1871, 155). 
 
 The law further provided that these supervisort^ might designate the number of polls for each 
 parish and the places at which they were to be held; and that the voters registered might cast their 
 ballots at any poll within the parish. 
 
 The law also provided that the supervisors, prior to the election, or commissioners of elec- 
 tion upon election day, might protest against the freedom and fairness with which the regis- 
 tration or election had been conducted; and the protest, if accompanied by the aftidarits of 
 three citizens in support of the same, should be attached to the returns, and forwarded to the re- 
 turning board ; and that a duplicate of the protest should be filed with the clerk ol the par- 
 ish (Act 1872, 98, §3). 
 
 POWER OP RETURNING BOARD. 
 
 This returning board, thus possessed of the returns and of any protest accompanying the 
 game, were then to hear evidence as to the allegations contained in the protest so forwarded, and 
 decide thereon; and the law authorized them in case they decided that the election at any poll 
 duly protested against had not been fair and free, to exclude the poll entirely, but not to purge it. 
 
 Tlie power thus given to the returning board was a novelty. In no other state in the Union 
 has such a power ever been retained. Mr. Sherman and the " visiting statesmen " have de- 
 clared that "nothing could be more simple, nothing more just " than the provisions of this law 
 (44th Cong , 2d sess., Ex. Doc. 2, p. 5). 
 
 In our judgment, nothing could be more unjust, more wicked, or more fitted to disguise and 
 cover up fraud. Leading Republicans of Louisiana have spoken of this law as the greatest 
 political mvention of the age ; and in the sense of its being the most dangerous and the most atroci- 
 ous, they were right. 
 
 In the first place, the registrars had almost absolute control over the vote. It was not an in- 
 frequent thing when the supervisors were permitted to be candidates, for supervisors of registration 
 to coiae just before the election into localities where they entire strangers, and return them- 
 ■elvesyst the close of the polls, elected (Sheldon, p. 1468). 
 
 Under the provision by which the supervisor was to fix the polling places for the parish, he could 
 withhold any announcement of them until so late that the opposition would n-t generally learn by 
 the election day where the polls were fixed, while his own party friends, forewarned of his selec- 
 tion, could attend at the polls in full force (Burke, 1002). 
 
 Under the provision by which the voter might vote at any poll in the parish (county), it was easy 
 to have the lleoublicans (especially those who were negroes) vote— for instance, in a parish of ten 
 polls— at Nos. '1,3, 5, 7 ; and when they had thus concentrated their votes at these polls to create 
 sonae pretended or real disturbance at the other polls, and then to claim, because there were no 
 Bepnblican votes polled at these other polls, that such disturbances had prevented a free election 
 there, and therefore to exclude such polls, wheieby all the Republican vote concentrated at the 
 eelfccted polls would be preserved, while the vote excluded would be mainly Democratic votes. 
 And this became a very common and barefaced performance under this law (Burke, 1002). 
 
 Beyond this, the control given to the supervisors of registration enabled them falsely to swell 
 the registry of their party, so that whenever tiie vote of the party fell short of this registry, it could 
 be claimea that there had been intimidation to drive off their voters. 
 
 It is always difficult t » prevent a party in power from doing or permitting some wrongs at an 
 election; but the extraordinary powers given to the election and returning officers in Louisiana, of 
 coaise, added greatly to the opportunity for such wrongs. 
 
 THE COLOR-LINE PRETENSE. 
 
 The Republicans began early by assuming that the color-line divided the politics of the state, 
 and in 1870 it substantially did. A few white men had obtained control of the political machinery, 
 and partly through sympathy and i)romises, partly by organization, and partly by threats, they held 
 the negroes in a complete control. But gradually their mismanagement of the state created such 
 disappointment and distress that some of the negroes— few at first, and gradually more— upon 
 local questions and issues in the beginning, and later upon state questions and issues, decided to 
 leave the Republican party and vote with its opponents. The Republicans, on the other hand, for 
 the same cause, received no accession from the whites. So marked had this defection of the col- 
 ored people become that at the election of 1874 (after Kellogg was seated as governor, through an 
 order of Judge Durell, for which he was subsequently presented for impeachment) a very consid- 
 erable portion of the blacks had voted with the whites, and in the examination of that election the 
 committee of this House, in the Forty-third Congress, reported that the state had undoubtedly gone 
 for the Conservatives, because the number of white and black voters in the state being equal, and 
 a considerable portion of the blacks having, for the reasons mentioned, voted with the Democrats, 
 and none of the whites having voted with the Republicans, it was unavoidable that the Conserva- 
 tive candidates had received a majority of the votes (43d Cong., 2d sess., Rep. 261). 
 
 As illustrating how entirely all the whites of the state had then become united by " carpet-bag" 
 rule against those who had administered it, that committee called attention to the fact that no wit- 
 ness had " succeeded in naming in any parish five white Republicans who supported the Kellogg 
 government, who were not themselves office-holders, or related to office-holders, or those having 
 official employment " (Ibid. Rep. 101). 
 
 This report of the committee of the Forty-third Congress was fatal to the control of the state by 
 the Republicans under the conditions existing, and thereupon the Republicans adroitly set about 
 a new census. In that new census they made it appear that there were twenty-five thousand more 
 adult colored people in the state than adult whites (Burke, 1000-2, 1017). 
 
 THE FALSE CENSUS. 
 That this was a fraudulent return of the number of colored adults cannot be doubted. The Fed- 
 eral census of 1870, which had never been questioned for its accuracy, made the number of adults 
 of the two races in the state just about equal ; and all the causes which should have varied this re- 
 lation had operated, as was stated by the committee of the Forty-third Congress^rather for the in- 
 crecse cf w'^iLcs than the blacks {iZd Coii^i , £d £'--i. ., L.,'. SG'.). 
 
ELECTORAL FRAUDS IN THE LATE PRESIDENTIAL ELECTION. 307 
 
 Of the adult blacks in the state 24,m) were returned from the parish of Orleans alone. How 
 utterly fraudulent this return was appears from the census itself, which returned 56,641 men, wo- 
 men and children as the entire colored population of that city, which, on the usual proportion of 
 Ave persons lo each voter, should have given 11,629 as the colored voters in that parish. Whereas, 
 thi-< census returned 24,300 as the number of adult males in that parish (Burke, 1001). 
 
 No such proportion as that pretended by this census ever existed in Louisiana or any other of 
 the United Slates— not even in the remote Western states, where the collection of miners leads to 
 a large excess of males beyond their normal proportion, 
 
 THE FRAUDULENT REGISTRATION. 
 
 Nevertheless, the registration for 1876 was made up by the registrars on that basis. The Con- 
 servatives pointed out and made proof of 9,800 cases of double or otherwise false registration in 
 New Orleans alone. But no correction was made by Kellogg's officials in this respect. On the con- 
 trary, some five thousand v> hites were excluded improperly, and the Republicans went into the next 
 canvass with an apparent but false registration of over twenty-two thousand more colored voters in 
 the state than existed (Gauthreaux, 1052, 1058). , . , , ^ ^ 
 
 Kellogg had the appointment of the supervisors of registration and of their clerks and other 
 election olficers. The law required that the supervisors should reside in the parishes for which 
 they were appointed. But this law was disregarded, and absolute strangers to the ijarish, without 
 character or responsibility— mere political creatures, like Anderson— were appointed as supervisors 
 of some of the most important parishes. Some twenty of the supervisors of registration held 
 positions in the custom house, post-office or police force of New Orleans ; several of them were 
 under indictment or fugitives from justice. In some cases the commissions of the registrars and 
 their clerks were issued in blank, and given to the Republican candidate of the district to fill in his 
 own appointees. . , , , , , . •, , .. 
 
 From the nature of the office men of the best character should have been selected to perform its 
 duties, but the effort seems instead to have been to select the most pliant and despicable political 
 tools for the place. None but such men could have been expected to carry out the instructions they 
 received, w^hich, in effect, promised recognition and preferment as the reward of successful fraud. 
 
 ORGANIZED REPUBLICAN FRAUD. 
 
 These instructions were issued to all the supervisors directly by the Republican party. We give 
 a. copy of one of them. The italics are ours (Edgeworth, 1074-5) : 
 
 Headquarters Rkpublican Partt of Louisiana, \ 
 
 Rooms Joint Committee on Canvassing and Registration, > 
 Mechanics' Institute, New Orleans, September 25, 1S76. ; 
 To Supervisor of Begistration, Parish of Plaquemines : 
 
 Dear Sir : It is well known to this committee, /ro?«, examination of the census of 1875, that the 
 Republican vote in your parish is 3,000, and the Republican majority is 2200. 
 
 You are expected to register and vote the full strength of the Republican party in your parish. 
 Your recognition by the next state administration will depend upon your doing your full duty 
 in the premises, and you will not be held to have done your full duty unless the Republican regis- 
 tration in your parish reaches 3,000, and the Republican vote is at least 3,000. 
 
 All local candidates and committee^ are directed to aid you to the utmost in obtaining this 
 result, and every facility is and will be afforded you; but you must obtain the results called for 
 herein without fail. 
 
 Once obtained, your recognition will be ample and generous. 
 
 "Very respectfully, your obedient servant, 
 
 D. J. M. A. JEWETT, Secretary. 
 
 By " the Republican vote " shown by " the census " was meant the colored vote, and the direc- 
 tion by these party leaders to sworn officials " to register and to vote a majority according to the 
 census," and to return a Republican vote equal to the number of colored adults in the parish, when 
 it was well known a large portion of that race had already abandoned the party, has, so far as we 
 are aware, not been equaled in infamy in any state in the Union. 
 
 THE RESULT OF THE ELECTION. 
 
 But so it was that, notwithstanding all these preparations and frauds, the number of votes 
 actually cast at the election of 1876 was 160,964, being the largest vote ever cast in the state, and ex- 
 ceeding by 16,0J'l the number of votes cast at any previous election; and exceeding in proportion to 
 the population the entire vote of the Union. And the returns, as made and forwarded by the Re- 
 publican election officers to the returning board, disclosed a majority of 6405 for the Tilder 
 electors, and were unaccompanied by a single protest, except one against Republican fraud in Con- 
 cordia parish (Burke, 1003). 
 
 USURPATION BY THE RETURNING BOARD. 
 
 The returning board had, therefore, no lawful power except to canvass, compile, and promulgate 
 the votes returned to it. Bad as was the law authorizing the returning board, it had not contem- 
 plated their control over any return in a case where no protest accompanied it. 
 
 They had attempted this in 1874, and their action had been declared by a committee of this 
 House, composed of Messrs. Hoar, Wheeler, and Frye, to be unlawful. " Upon this statute we are 
 all clearly of opinion," said these gentlemen, " that the returning board haa no right to do any- 
 thing except to convass and compile the returns which were lawfully made to them by the local 
 officers, except in cases where they were accompanied by the certificate of the supervisor or com- 
 missioner provided in the third section. In such cases the last sentence of that section shows 
 that it was expected that they would ordinarily exercise the grave and delicate duty of investigat- 
 ing charges of riot, tumult, bribery or corruption on a hearing of the parties interested in the office. 
 If v.ever could have been meant that this board, of its own motion, sitting in New Orleans, at a 
 disiance from the place of voting, and without notice, could decide the right of persons claiming 
 to be elected" (43d Cong., 2d sess., Rep. 261, minority). 
 
 \ 
 
308 ELECTORAL FRAUDS IN THE LATE PRESIDENTIAL ELECTION. 
 
 But it was a necessity of the political situation that Louisiana should be carried for the Repub- 
 licans. Had the vote of this state not been necessar}^ to elect a Republican President, the power 
 that was assumed to count it for Hayes would not have been usurped. But it was known that the 
 men composing the board were capable of anything that was to their interest, and that when a plan 
 was devised by which they could usurp power successfully they would use it. 
 
 ITS PARTISAN COMPOSITION. 
 
 It was, therefore, from the first, given out among the politicians that the returns were of no 
 consequence, and that the returning board would count the state for Hayes. Accordingly, when 
 the board assembled, they began by refusing to fill the vacancy in their number by a Democrat, 
 although the law provided that the board should consist of persons from all political parties, and 
 sat throughout a partisan board, composed of Republicans only, a non-compliance with the law 
 which had occurred for a short time in 1874 and was condemned by the committee of the Forty- 
 third Congress (Tribune Pam. 12, Pitkin dispatch; Burke, 1005; Jewett, 1270; 43d Cong., 2d 
 sess; Rep. 101). 
 
 In utter contempt of law and this opinion, the board refused all applications to put a Democrat 
 into the board, and then proceeded to sit in judgment upon the returns (Palmer, 1084-6). 
 
 THE INTIMIDATION CHEAT. 
 
 A large portion of the people of the United States have come to believe that such intimidation 
 existed in Louisiana as prevented a fair Republican vote, and that this afforded an equitable offset 
 to any fraud by the returning board, and this belief is the basis upon which Republican rule stands. 
 It has been reiterated by nearly every journal and assented to by every politician in the land who 
 profited by that rule. There were circumstances that made it seem plausible; and these circum- 
 stances, together with the wish to believe it, have convinced a large part of the Republican party 
 that it really existed. 
 
 This belief is based upon the assumption, to use the words of Mr. Sherman and the visiting 
 statesmen, in their report to the President, " that if left free to vote, uninfluenced by violence or 
 intimidation, the blacks would be almost unanimously Republican." But the assumption itself 
 was entirely unwarranted by the facts (Ex. Doc, No. 2, 44th Congress). 
 
 NEGROES DISSATISFIED WITH REPUBLICANS. 
 
 Prior to 1876 the distress in the state had induced many negroes to leave the Republican party. 
 This had been recognized by the committee of the Forty-third Congress, and was so patent that 
 the Republican members of the legislature whom the returning board had counted in, were, upon 
 the recommendation of the gentlemen of that committee, unseated, and their places given to Con- 
 servatives. The same dissatisfaction among ;the cohired population continued. Nothing was 
 more inevitable than the ignorant men, whose votes had been procured by the promise of farms, 
 of mules, and of general prosperity, when they found that year after year, that they got neither 
 farms nor mules, and that instead of general prosperity taxes grew heavier, and wages smaller, and 
 I lie opportunities for employment less, should be dissaticfied even with the party they supposed 
 had secured their freedom (43d Cong., 2d sess.. Rep. 261; Wheeler Comp. Report). 
 
 Beyond that the negroes attached great importance to maintaining schools, and in the negro 
 parishes the school moneys had gone into the hands of irresponsible and abandoned persons, and 
 had been stolen outright, or squandered without good result. The negroes were, therefore, then in 
 a condition more than ever favorable to the acceptance of overtures from the Democrats (Wicklifle, 
 La., 548; Powell, La,, 550; Leake, 555; Morrison Report). 
 
 AND PROPITIATED BY THE DEMOCRATS. 
 
 The Democrats accordingly made the most determined efforts to propitiate them. They em- 
 ployed many colored preachers and leaders, and had them stumping the negro parishes. They re- 
 alized that to secure these parishes was to carry the state. They therefore adopted the most con- 
 ciliatory action to that end. Governor Nicholls himself made a journey into these parishes to 
 assure the negroes of the fullest protection and equality under the law. Indeed, as Mr. Sypher 
 admits, the wnite Democrats, in their promises to the negroes of equality— in theatres, hotels, 
 street-cars, and in other social relations— outstripped the Republicans (Powell, 5.50; Leake, 554; 
 Burke, 1004; Roberts, 898; Sypher, 816). 
 
 In trouble, the negroes still looked to their old masters for aid. And when a planter got up a 
 club of citizens of both colors, and presided at its meetings, with his former slaves on each side of 
 liim as vice-presidents, and appealed to the negroes to join the Democrats against the state and 
 local abuse, on the ground of their own interest, it was not strange that they sliould do so; and so 
 we find them crowding to Democratic meetings with their wives and children, and carrying ban- 
 ners in the Dem. cratic processions, " ' hallooing ' louder than any white man " (Wicklitfe, 548). 
 
 Where the leaders of the colored race go the masses generally and perhaps thoughtlessly fol- 
 low. When, therefore th. Democrats had secured the leading negroes it was to be expected that, 
 with the aid of barbecues and music, of promises and conciliation, the rest should be induced to 
 follow them. 
 
 DEMOCRATS COULD GAIN NOTHING BY INTIMIDATION. 
 
 On the other hand, the Democrats had absolutely nothing to gain by intimidation, for the re- 
 turning board had been established on purpose to annul votes so secured, and provide for votes so 
 prevented. They knew by experience how reckless and desperate the board was. They knew, 
 also, that this recklessn.ss and desperation had been the subject of Congressional rebuke, so that 
 they might hope for relief if they afforded no pretext for its arbitrary action. 
 
 It will be remembered that th board was composed of the same whii ; members in 1876 as in 
 1874, and that the committee of the Forty-third Congress had reported, that in 1874, in the parish 
 of Rapids, in which Wells, the president of the board, resided, there was really no disturbance nor 
 any dispute about the result; and yet that upon a secret affidavit by Wells, as to occurrences in 
 the parish npon the dav of election, when he was not there at all, the board had thrown out the 
 whole vote of the parish, and thereby seated four Republican members of the legislature, who had 
 not claimed to be elected, and who were subsequently, upon the recommendation of the Con- 
 
ELECTORAL FRAUDS IN THE LATE PRESIDENTIAL ELECTION. 309 
 
 :gre88ional committee, unseated; and that the action of Wells had been denounced by that com- 
 mittee (43d Cong., 2d sess.. Rep. 101). 
 
 The Democrats, therefore, well knew that it was intended by the returning board to count them 
 out upon the slightest evidence of intimidation, and their effort throughout was to avoid not only 
 any provocation, but any pretense for such a charge (Burke, 1004). 
 
 PRETEXTS FOR RETURNING BOARD U8UEPATI0N. 
 
 It was necessary that the returning board should have a pretext for assuming control of the 
 votes cast in cases where the law hacTnot given it; and this pretext was to be found, first, in pro- 
 tests by supervisors of registration made after the returns had been received, fraudulently pre- 
 tending a condition of things which made It unsafe to make protests with their returns; second, 
 some form of testimony to give color to the assertions in these protests. 
 
 The first step, then, necessary to secure a reversal of the popular will by the returning board, was 
 to obtain from the supervisors a declaration that some unfairness had taken place in the parishes 
 intended to be disputed. Without this the board would have had nothing to act upon; while the 
 supervisory, nncommitted by any writing, might at any time have declared the real truth. 
 
 As it became known that the Presidential election would depend upon Louisiana, the pressure 
 ■became greater, and supervisors who had witnessed and declared to a perfectly free, full and peace- 
 able registration and election, were constrained by party persuasion and promises, to make false 
 and fraudulent protests; and they were encouraged by like influences "to stand firm" to their 
 protests after they had been made." 
 
 THE FALSE PROTESTS — ANDERSON-WEBER, 
 
 The two most important officials for this purpose were James E Anderson, the supervisor ot 
 East Feliciana, and Don A. Weber, the supervisor of West Feliciana. 
 
 Anderson was a stranger, an adventurer and a rascal. His education had been that of a sensa- 
 tional newspaper reporter; his position, when selected as supervisor, that of one of Kellogg's 
 creatures in the Custom-house. He was a notorious liar and va^ibond before appointed to be 
 supervisor of a county as large as the state of Rhode Island, to which he was an utter stranger. 
 Finding that the Republicans could not carry the parish, he got up a story that his life was in 
 danger, procured hiriiself be slot at, and fied. An examination disclosed the story to be a humbug 
 and a fraud. The people of the parish then called upon Kellogg to provide them a new registrar. 
 He promised that Anderson should be sent back, and publicly ordered him to go back, and furn- 
 ished him with a little money to do so, but caused it to be privately suggested to him that no 
 election was wanted in that parish, and that he was not to return. Indeed, he had him threatened 
 with arrest if he did return. The Democrats, conscious they had secured a majority of the voters 
 in the parish, and anxious to have an election, then hired Anderson to go back, and secretly ran 
 him out of the reach of Kellogg's police (Anderson, G-7; Wedge, La., 128; Lyons, La., 80-1; 
 McVea, La., 85-9; Patton, La., 278-9; Burke, 1004). 
 
 Anderson arrived in the parish two days before the election, having been gone for ten days, and 
 by his absence shut out from registration about five hundred Democratic votes (Patton, La., 279; 
 Lyons, La., 81; McVea, La., 87). 
 
 The election having passed off without complaint he signed the returns of the election, only in- 
 sisting upon being paid the amount to which he was by law entitled for his services as registrar, 
 and declared, as did T. C. Jenks, who accompanied him, that everything in the parish had been 
 perfectly free and fair in all respects (Wedge, La,, 130; Jenks' aff., La., 89). 
 
 Weber was a native Creole. He and his brother Emile had for years been the managing Re- 
 publicans of the district. They and their families were the only white Republicans there. They 
 •worked in couples and controlled all the offices and exorcised all the power there. Don 
 Weber, when the election was over, openly declared that it had been in every respect fair and free, 
 and furnished no ground for protest, and he signed the return without protest (Weber, 590-4; 
 Powell, La., 551; Leake, La., 556). 
 
 THEIR CREDIBILITY. 
 
 As these two supervisors subsequently made protests, and as the contest in the state largely 
 turned upon these two parishes, it was a necessity that their evidence should be taken, if it could 
 be had; and Don Weber having died in the meantime, it became a necessity that his brother and 
 
 gartner in politics should be examined in his stead. Both Emile Weber and Anderson had sworn 
 efore previous committees; both had sworn to stories the reverse of what they testified to be- 
 fore us. 
 
 Under the circumstances the evidence of neither was entitled to any consideration, except such 
 .as resulted from its corroboration by crediable testimony and known facts and circumstances; and 
 we have given it no other. 
 
 ANDERSON'S STORY. 
 
 The story which Anderson tells is, that there was a Republican conspiracy to prevent Republican 
 votes being cast in the Felicianas, and thereby to afford a pretext for rejecting the vote of those 
 parishes, in which there was a large bona fide Democratic majority; and that the registration and 
 election in both parishes had been perfectly fair and free; that, upon arriving at New Orleans, he 
 was urged to protest his parish; that he resisted on the ground that there was no foundation for 
 such a protest; that, under pressure, he prepared a paper, which Judge Campbell, the counsel for 
 the Republican party directing such matters, declared to be worthless; that thereupon, at the 
 request of Pitkin, the United States marshal, Campbell prepared an effective protest for him to 
 sign; that Campbell was subsequently sent for to come and take the verification of this protest; 
 that he then refused to verify it, but that he then signed it and left it with Pitkin, with the impor- 
 tant parts of it not filled up; that he subsequently called on Pitkin to reclaim it, who refused to 
 ^ve it to him; that thereupon he began making complaint, and the Republican leaders used their 
 influence to keep him quiet; and, finally, that he went with Weber, who had also made a false pro- 
 test, to Moreau's restaurant, where they met Sherman; and that they received from him satisfactory 
 assurances of reward for letting their protests stand, which assurances they determined the follow- 
 ing day to have in writing, and thereupon sent Mr. Sherman a letter to that effect, to which he 
 ^returned a satisfactory reply (Anderson, 27; Anderson, 2-12). 
 
810 ELECTORAL FRAUDS IN THE LATE PRESIDENTIAL ELECTION* 
 
 ITS COmiOBORATION. 
 
 As matter of fact, it certainly appears— 
 
 That Anderson left East Feliciana without pretending: that any ground for protest against th& 
 election existed, and that none did exist; that he arrived at New Orleans and again declared that 
 he had no ground for protest; that, upon Pitkin's requesst, he prepared a statement which, both 
 Pitkin and Campbell tell us, was rejected as worthk ss; ihat Campbell then prepared, as they both 
 fell us, a protest proper in substance and form, and sent it to Anderson; that Campbell 
 did then call at Pitkin's office, having been sent for to take Anderson's verification, and found 
 Anderson in high discussion, declaring that the matters stated in that protest were not true, 
 and that he could not attest it; and that Campbell then, without taking his affidavit to it, with- 
 drew; that Anderson, having signed it, subsequently left it with Pitkin, and the next day tried to 
 reclaim it; that Pitkin, having forwarded it to Packard, instead of procuring its return, saw fit to 
 take offense at Anderson's manner, and turn him out of his office; that shortly after Pitkin told 
 Campbell of Anderson's attempt to get b^ck his protest, and that he wanted assurances of reward 
 for letting it stand (Wedge, La., 140; Burke, 1007; Jewett, 1300; Pitkin, 401; Campbell, 434-6; Pit- 
 kin, 402; Campbell, 444-5). 
 
 That Weber left home declaring there were no grounds for any protest, and that the election 
 had been fair and free; that after getting to New Orleans he was induced to make a protest; that 
 the protest, as he made it, was wholly insufficient, and was subsequently forged by alterations and 
 additions; that he stated he had been induced to make it by promises of reward from Republican 
 leaders; that both he and Anderson did go together to Moreau's, and there met Sherman; and that 
 within a few days after Anderson showed a sealed letter, which he said contained wliat would 
 take care of him; and that Weber showed his friends a letter, which, in reply to a request by him 
 and Anderson for written assurances of reward for letting their protest stand, gave such assurances 
 in the name of Mr. Sherman; and that the conspiracy to falsely protest and count out the parishes 
 of East and West Feliciana is substantiated by credible witnesses and undisputed facts and circum- 
 stances wholly independent of the evidence of either Anderson or Weber's brother Emile (Powell, 
 La., 5.51; Leake, La., 5.55-6; Revnolds, La , 292; Duncan, La., 316; Wickliffe, La., 548-9; Kennard, 
 La., 593; Weber, 590; Sherman, 765; Anderson, 12; Sypher, 753; Burke, 1007; Gauthreaux, 1060). 
 
 PROTESTS SECURED AGAINST OTHER PARISHES. 
 
 Other supervisors who h.sd witnessed and certified to free, full and fair elections in their par- 
 ishes, were prevailed upon to make these supplemental charges against the election. One of these 
 — Kelley, of Richland parish—has told us how great was the pressure and desperate the means em- 
 ployed to procure them. Under these protests votes were rejected upon various pretexts; but the 
 ne<rro parishes — the Felicianas, Ouachita, Baton Rouge and Morehouse— were those in which the 
 Democrats had made the greatest gains, and from which, therefore, the most Democratic votes were^ 
 rejected (Jewett, 1424-1427; Kelley, La., 171-181). 
 
 EX PARTE AFFIDAVITS. 
 
 The returning board having thus secured the necessary false and fraudulent protests, pro- 
 ceeded upon the examination and ex ■parte affidavits which they permitted to be broujjht in, to hear 
 allegations in respect of those parishes where it was important to exclude the vote in order to re- 
 verse the will of the people and count the state for Hayes (Ret. B'd., pro. Gauthreux, 1059; Burke^ 
 1005-6; Morey, 826-8). 
 
 Ex parte statements of apprehension from intimidation can always be procured in every com- 
 munity. These are daily occurrences— some personal quarrel, some drunken brawl in the street, 
 some row in a bar-room, some social party blustering in their cups, some fellow swaggering or 
 joking in the country store— which furnish color for pretending to be alarmed. The most trifling 
 assault, the commonest personal difficulty, the smallest act of violence, no matter what their origin, 
 nor how absolutely disconnected with politics, can thus be made to appear as the result of political 
 action. Besides, nothing is easier than to get up disturbances, to promote rows, and to procure 
 \\hite men to purposely threaten negroes; nothing easier than to pervert the effort of the people 
 to protect tlieir own property and defend themselves against marauders into organized movements, 
 for party intimidation. 
 
 Once have it settled that the election of a President, with all the enormons patronage and 
 power connected with that office, depend upon ex parte affidavits of this kind, and they will be 
 forthcoming in any community. 
 
 REPUBLICAN ADVANTAGES. 
 
 In this contest the administration party had every advantage; they had the control of a class of 
 ignorant and reckless negroes; they had numbers of" deputy marshals to send into the parishes for 
 the witnesses; they had the local machinery there with which to collect them; they had the funds 
 with which to bring them personally to Ntw Orleans; they had the visiting statesmen to fortify 
 them with their assurances; and they had, besides, the advantage of making the first statement. 
 
 Of course, it was very difficult to meet these charges as they were produced. A man can tell 
 more lies in an hour than can be disproved in a day. The Democrats were compelled to send to 
 the parishes to ascertain what were the charges referred to, and to find persons acquainted with 
 the facts to furnish the proofs to contradict these charges. In many cases the affidavits were pro- 
 duced before the returning board at so late a day that "it was almost impossible to show in due 
 lime the groundlessness of the charges (Burke, 109.5-'). 
 
 By great diligence the Democrats did succeed in fully answering them. That they should have 
 been able to so completely and so quickly meet the false charges against the conduct of the elec- 
 tion, can only be explained on the theory that there did prevail throughout the state a free, full, 
 fair and peaceable election, and that all pretenses to the contrary were unfounded (McDonald, Rep). 
 
 THE FELICIANA CONSPIRACY. 
 
 As the purpose of the Democrats was to propitiate the negro vote, their attention was especially 
 directed to the parishes which had the greatest excess of negro population, and it turned out after 
 the election that their efforts had been successful. In the five principal negro parishes, instead of: 
 
ELECTORAL FRAUDS IX THE LATE PRESIDENTIAL ELECTION. 311 
 
 the Republicans haviiif? a majority of 3979, as had been the case in 1874, the Deiwocrats lad a 
 majority of 3504. Tiiat thi;? was likely to be the result had become apparent before the election, 
 and the importance of excluding the votes of these parishes thus became evident Tfais was es- 
 pecially the case with East Feliciana, where the efforts at propitiating the Republican colot-ed vote 
 had b en most successful. Kellogg hoped to secure this result there by having no election held 
 at all. That would have enabled the Republicans to claim that East Feliciana was a Rep<afelica« 
 parish and would have given a Republican majority, and that the ruffianly Democrats had, by 
 driving away the virtuous Ander.«on, prevented that result. This scheme was actually carried out 
 in Grant parish, where the board excluded the returns from the whole parish made by the 
 other election officers (539 Democratic votes), because the supervisor absented himself during the 
 election. In East Feliciana it was only defeated by the determination of the Democrats to have an 
 election, and by their hiring Anderson to go back (Anderson, 6-7, La., 80-17, 85-9, 128,278-9; 
 Bnrke, 1004). 
 
 T'liswas reported to Kellogg and required a change of programme (Anderson letter, 27). 
 
 Accordingly, it was suggested by sorpe scoundrel — Audi rson claims the credit of it — titat since 
 rhey were in such a great minority the Republicans should withhold their votes entirely, atwl tiien 
 'jii'm the absence of Republic«n votes as evidence that Republicans had not been permitted to \-ote, 
 :;id as thus proving the extent of the intimidation. 
 
 Thereupon, the leaders of the party gave out privately that no Republicans need vote; that ** there 
 was no use going to the polls at all," and " not to come out to the polls; " that " it was all a 
 farce to vote; " " the programme was to have no ticket, so as to have the parish thrown out,"" and 
 the like. This direction was disseminated everywhere throughout the parish, and men wei« on 
 hand on election day to give the necessary cue to the Republican negroes, who are exceedingly 
 adroit at appreciating such suggestions. No Republican tickets were printed or dislributed, and 
 Republicans stood around the pools resisting the solicitation of the Democrats to vote Repubncan 
 tickets, which the Democrats wrote out for and offered them (Patton, La., 1280; McWilliams, La., 
 139; Harrison, La., 146; Wedge, La., 129; DeGray, La., 129; DeLee, La., 141; Lanier, La., 143). 
 
 This is beyond peradventr.re. It has been testified to by many citizens of the mo«t respectable 
 character — colored and white — and no one of the persons charged with the thing has come for- 
 ward to deny it. It was understood that in pursuance of ihe direction from "below" <New 
 Orleans), no Republican should cast his vote, and it was intended by thus witholding votes that the 
 claim of intimidation should be set up and the parish excluded. This plan was carried out in 
 East Feliciana perfectly. 
 
 When the election was over neither the United States supervisors of the election nor the militaiy 
 officers in charge of the troops there, nor any human being of all the Republican officials in those two 
 parishes, made any pretense whatever that the election had not been perfectly fair and free. The 
 telegrams and reports to the Republican official organs in New Or'eans announced the same fact 
 day after day. Anderson, the supervisor of East Feliciana, and Weber, the supervisor of West 
 Feliciana, left their parishes declaring the freedom and fairness of the election, and that there was 
 not the slighest ground for protest; and neither of them accompanied the returns they forwarded 
 with any protest whatever (Tel., 698; Wedge, La,, 130; Jenks' Aff., La., 90; Leaks, La., S55: 
 Powell, La., 550; Kennard, La., 593). 
 
 THIS CONSPIRACY CONFTRMED. 
 
 The conspiracy thus testified to and uncontradicted is confirmed By every known fact and 
 circum^tance. 
 
 By the census of 1870 there were in East Feliciana 2810 adult males, of whom 1986 were colored 
 and 834 white. In 1874 the total vote cast was 2525, of which 1688 were Republican and 847 Demo- 
 cratic, showing that a portion of the colored people then voted with the whites. In 1876 the vote 
 was 1746 registered, and about 472 unregistered; total, 2218 Democratic and none Republican 
 (Tel., 698). 
 
 By the census of 1870 West Feliciana «ontained 2210 male citizens, of which 1876 were colored 
 and 344 white. In 1874 the whole number of votes were 1859, of which 1358 were Republican and 
 .501 Democratic, showing that some 200 of the colored voters voted the Democratic ticket In 1876 
 West Feliciana gave 1248 Democratic and 778 Republican votes, being a total of 2026 votes. 
 
 So that tlie votes cast in West Feliciana in 1876 actually exceeded those of preceding jesa, 
 while in Eiet Feliciana the Democratic votes alone were nearly up to the whole vote of both partaes 
 in 1874, and had not the Republican vote been purposely withheld, the agcregate vote ia that parisk 
 would also have exceeeded that of any previous year. 
 
 These facts of themselves show that the Democrats had a clear majority in both parishes, and 
 that it was their certain interest to do nothing which would afford color for excluding the vote there. 
 They are so inconsistent with the pretended terrorism among the colored people as to be destructive 
 of any theory of a state of intimidation in those parishes at that election. 
 
 Indeed, the total absence of any Republican vote in this great parish itself indicated by its very 
 completeness of purpose to withhold such votes, not the fear of casting them. 
 
 ALLEGED INTIMIDATION IMPOSSIBLE. 
 
 The history of the state has shown that in so vast a territory, garrisoned by Federal troops, 
 \^ ith a large body of Republican officials, and the black population in a great majority, such astate 
 of ti-rrorism as to prevent the casting of one Republican vote, even those of the Repnfelican 
 officials themselves, was an impossibility. There never has been another instance in the state of a 
 parish in which no Republican votes were cast. And yet, so far from East Feliciana being one of 
 the disturbed parishes, this was the first time it had been claimed there had not been a free and 
 fair election there. Nor was it even then claimed that the election had not been entirely peace- 
 able, but only that because of certain former disturbances, what Mr. Parker called "a state of 
 intimidation "prevailed. But these disturbances had taken place several months before, and 
 were connectea with a movement under Powers, a prominent Republican, to suppress cotton-8eed 
 thefts, and were not political ; and experience has shown such disturbances do not material y effect 
 the parly vote ; still less argue a state of things which would not permit the depositing of even a 
 single one of such votes (Parker, 733). 
 
 AGAINST THE INTEREST OF DEMOCRATS. 
 It is true that the hostility of the Democrats to Kellogg's and Packard's rule was great Tlie 
 
<il2 ELECTORAL FRAUDS IN THE LATE PRESIDENTIAL ELECTION. 
 
 •state has been oppressed and demoralized by that rule for years. So much had the people suffered 
 f;om it that they would have preferred military rule to its continuance (Palmer, 1090). 
 
 But their conduct must be judged by the motives which usually govern men nnder such circum- 
 s-tances. They knew the whites were united against Kellogg. They knew also that every year the 
 accession from the colored people had been increasing, and they justly expected to be ioined by 
 enongh of Ihem to overcome all the frauds of registration and of election officers, provided, but 
 provided always, tbey did nothing to repel the colored voters, nor to afford the returning board a 
 •pretense for rejecting Democratic polls. That after having persuaded two-thirds of the negroes in 
 the parish to join them they should then have established such a reign of terror as prevented every 
 single Republican, Avhite and black, from voting is to assume the existence of conduct as impos- 
 sible as it would have been insane. 
 
 AND UNSUPPORTED AND DISPROVED. 
 
 If 500 square miles of territory were in a state of such terrorism the fact must needs have been 
 •as patent as if it had snowed upon election day, and yet of all the persons in that parish, the re- 
 .'ttirRing board only collected twenty-two to state any instance of intimidation connected with the 
 ' election of 1876. Of these, the foremost witnesses were James E. Anderson and Thomas C. Jenks; 
 both subsequently retracted under oath all they then said and confessed the conspiracy which ex- 
 isted ; and no one would receive the evidence of either unsupported. This testimony was over- 
 whelmingly contradicted and negatived at the time ; 1196 witnesses appeared to contradict the 
 allegations of these affidavits, and to establish that the election in East Feliciana had been perfectly 
 peaceable, free and fair (44th Cong., Ex. Doc. 2, 17, 20 ; Anderson, 8 ; Jenks, La., 90). 
 
 It is so easy to suppress truth, to distort facts, and to mislead witnesses, especially when igno- 
 rant, or stupid, or reckless, that^a; parte testimony is rarely entitled to much weight. It was a 
 common thing for these East Feliciana affidavits to state as ground for excluding the parish, that no 
 Republican tickets were permitted at the polls. That was true, but it was the Republicans who 
 would not permit them. And, coming as these returnmg board affidavits did, from Republican 
 • camp-followers and negroes, they were of hardly arfy value at all ; and, in view of the controlling 
 iacts and probabilities and circumstances of the' case, never deserved consideration. 
 
 RETURNING BOARD AFFIDAVITS. 
 
 In Louisiana the crowd of ignorant and thoughtless negroes summoned from their labor by 
 United States marshals and brought for the first time in their lives to a great city, were marched 
 through the crowded streets past cordons of police and platoons of troops into the great govern- 
 ment building, where they were brought face to face w'th an army of clerks and stenographers and 
 - officials, and all the machinery of a great state. Ushered at last into some inner room, and there 
 ■ engaged in a conversation, in which they supplied some of the answers, and the persons standing 
 around supplied more, they might, when dismissed, well be expected, even if they had conscientious 
 scruples about the business, to make their marks where told. Those who deal with persons who 
 ' -do not reatl and write, know how readily they affix their marks to receipts or any papers connected 
 with business when told to do so, because those by whom they are told know so much better than 
 they do what is to be done. It is cur ous and instructive to hear the accounts of the negroes who 
 aiade affidavits for the returning board of the process by which their evidence was manufactured 
 (Nolan, La., 581-6; Norphlis.s La., 495: Green, La.. 512; Amy Mitchell, La., 474,480; Thornton, 
 La., 527 ; Lagadie, La., 5^30-2 ; Armistead, La., 298 ; Duncan, La., 308. 311, 315). 
 
 They were brought down from the country and i)laced before a clerk, when the general process 
 would be something like this: They would be asked if they knew of certain disturbances in their 
 parishes: if they answered they did not, some one of the bystanders would say, Why, he was the 
 man who was killed behind the corn crib at such a plantation by such a person; then the negro 
 witness would answer, yes, I heard of him, but never heard about that; then another one of the 
 bystanders would give the details, and presently, when the affidavit is finished, we have the wit- 
 ness'' story, stated partly upon his own knowledge and partly upon information and belief, of a 
 Urst-class outrage of which he knew nothing, and of which he perhaps never had heard before, and 
 to this he makes his mark, is sworn, and receives his fees, and returns to the field from which 
 .'he was broueht. 
 
 Of the witnesses in Feliciana whom Mr. Sherman desired to have called fifteen have appeared 
 before us; of these, thirteen have retracted their testimony to violence as given to the returning 
 board. The statements of the other two witnesses, Dula and Swayze, were made under suspicious 
 V circumstances, even if they had not been in conflict with all the known and established facts. 
 
 WORTHLESSNESS OF THIS TESTIMONY. 
 
 It was claimed by Dula that Weber, after he had testified before this committee, desired to be 
 ^supported in his statements by the negroes of his vicinage, whose leader he had been, and to that 
 -«id WAS engaged in persuading and bribing them to take back their testimony before the returning 
 "^^jboard. 
 
 Dula' s -statement was that he had been paid fifty dollars and was to be paid more for testifying 
 ■as Weber desired. He was a man of notoriously bad character; and the fact that Kellogg's agent, 
 Kennedy., had just before gone down to New Orleans to arrange with Dula and Swayze, and the 
 manner in which his testimony wds given, satisfies us his story was an imposition which had been 
 :put up to deceive the committee (Kennedy, 1117, 1118). 
 
 But even if it were true that the Feliciana negroes were so utterly reckless as to what they testi- 
 fied, and followed the Webers for favor or for i)ay upon whicliever side they swore, it only estab- 
 lishes how utterly worthless their testimony originally was, and upon what a wretched and deceptive 
 foundation all this pretense of intimidation was based. 
 
 OBJECT OF THE INTIMIDATION PRETENSE. 
 
 And yet it was this trick in East Feliciana which virtually settled the Presidential contest. It 
 was not that the people had confidence in the Louisiana returning board, nor that they doubted the 
 proved rascality of Wells and Anderson, but it was because— ignorant of the full vote which had 
 been cast in the state; of the efforts that had been made to propitiate the negroes; and of the 
 ^irauds to which the Kellogg government was competent; and supposing that the color-line still 
 
ELECTORAL FRAUDS IX THE LATE TRESIDENTIAL ELECTION. 313 
 
 fciuctly divided parties— tliey accepted the fact that not a single Republican vote was cast in East 
 Feliciana as conclusive evidence of a terrorism which constituted an equitable offset to all the 
 fjauds of canvassing and returning boards, and justified the seating of Mr. Hayes. 
 
 As in East P'eliciana, so in the other negro parishes the same claim of intimidation was made, 
 supported by tbe same class of witnesses, and in the same exjyarte and dangerous way; and though 
 fully disproved and in direct conflict with the fairness of the vote, and with all the known facts 
 and circumstances, the claim of intimidation was nevertheless allowed, and so much of the vote 
 of these parishes as was necessary rejected. And the board so managed it as to reject 1010 votes 
 in West Feliciana; 1736 in East Baton Rouge; 1517 in Ouachita— in all 5706 votes; while re- 
 jecting but 259 Republican votes; add yet 49 witnesses to intimidation in West Feliciana were 
 contradicted by 527 witnesses; 51 m Ouachita by 727 witnesses; and 63 in East Baton Rouge by 
 457 witnesses; and 26 in East Feliciana by 1196 witnesses (p. 1468; see evidence reported in 
 Sherman & McDonald's Report). 
 
 The same deception is, as we believe, now being assiduously kept un to control the next election. 
 The administration foments disturbances, then misrepresents them; then has its press to magnify 
 them; and under the assumption that the blacks, if let alone, would all vote the Republican ticket, 
 Is preparing, by like pretenses, to claim and control the next election. 
 
 OUTRAGEOUS INJUSTICE OP RETURNING BOARD. 
 
 Throughout, the action of the board was partisan, arbitary, and flagrantly unjust. For illustra- 
 tion: In Orleans one return showed 297 or 299 Democratic votes; because the last figure was so made 
 that it could not certainly be said whether it was meant for a 7 or 9 they rejectee, the whole poll 
 (ftet. B'd Pro. 63). 
 
 In Vernon they changed the returns by adding to them 176 Republican votes and subtracting 
 from the Democrats 178 votes (Danford, 750; Ret. B'd Pro. 113). 
 
 In Iberia, where the Republican election oftlcers omitted to write " voted " upon the registration 
 certificate of the first hundred voters, they rejected the whole poll— 322 Democratic and 11 Repub- 
 lican votes— although there was r.o pretense the vote was wrong (Ex. Doc. 2, 73-74; Burke's Stat., 
 14; Ex. Doc. 2, 88). 
 
 In Concordia and Nachitoches they counted 1854 votes not appearing on the returns, and which 
 by the rule applied to Democratic parishes, should not have been counted (Burke's St., 29; Burke, 
 1003). 
 
 In De Soto they accepted protests and returns which had evidently been inserted in the packages 
 after they were mailed (Ret. Bd. Pro., 54; Gauthreaux, 1059; Jewitt, 1442). 
 
 THEIR GENERAL MISCONDUCT. 
 
 And generally they were guilty of every arbitrary, unjust, and outrageous act practicable (Burke, 
 1005-6; Trumbull, 855, 867). 
 
 After sitting for twelve days they succeeded in excluding enough of the votes returned to give 
 the f-tate to the Hayes electors and to Packard as governor. In the progress of their session it 
 turned out that, by reason of an error in nrinting, two of the electors on the Hayes ticket had run 
 some fifteen hundred votes behind the rest of the electors, so that it became a necessity that fifteen 
 hundred more votes should be excluded, in order to count in those two electors, than would other- 
 wise have been necessary. But the board was equal to the occasion, and secured the desired res^ult. 
 (Palmer, 1087-8; Gauthreaux, 1057. 1059; Morey, 826-8; Jcwitt,1452). 
 
 The returning board closed their sessions at two o'clock on Saturday afternoon, December 2d, 
 having before them over forty-five hundred pages of manuscript testimony, which at the rapid rate 
 of a page a minute, and taking ten hours a day, would have required ivvo weeks to read; and on 
 December 5th their decision was announced. But before they met Pitkin telegraphed: " Louisiana 
 is safe; our Northern friends stand firmly by us; the returning board will hold its own." Indeed, 
 their decision was never in doubt. It is true that Wells appears to have been for sale, but his 
 price and its payment seems to have been the only doubt attending the result; and for corrupt in- 
 fluence money competes jjoorly with office, the latter being the much more safe, successful, and 
 respectable form of bribery (Gauthreaux's calculation, 1064; Wharton, 1230; Maddox, 1212). 
 
 THE CHECK ON RETURNING BOARD INIQUITY. 
 
 The power to control the result of the election in Louisiana rested with the returning board 
 which assumed discretionary revisory power over the returns. 
 
 For the ordinary abuse of discretionary power there is no remedy. But those who are intrusted 
 with discretion are prevented from very flagrant and violent abuse of it by the influence and the in- 
 dignation of the people whom they outrage. 
 
 For illustration, take the case of a Presidential elector. By law he is intrusted with absolute 
 discretion over his vote, and it was intended that he ^hould cast it exactly for whom he saw fit. 
 But, under our system, he has come impliedly and most positively pledged to cast his vote for the 
 candidate of the party by which he is elected. At the late election if an elector clearly chosen for 
 Hayes were to have cast his vote for Tilden, he would have brought upon himself an outburst of 
 public indignation such as no man could withstand. This was exactlythe situation of the returning 
 board. Assuming that they had the large discretion which the Republicans claimed for them, the 
 Democrats would have been powerless against ordinary abuses; but there were stretches of power 
 so flagrant and outrageous that no man would have dared to commit them without some potent ex- 
 ternal support. 
 
 THIS CHECK REMOVED. 
 
 , It was at this point, and to supply this need, that the influence of the Federal administration 
 came in. For the first time in the history of the country the President requested leading members 
 of his party personally to attend the countiu]^ of votes instates upon which the Presidential elec- 
 tion depended. They went there, charged with a semi-oflicial character. They had rights, as Mr. 
 Parker thinks, no other visitors possessed. They were there (as Mr. Brady, the assistant post- 
 master-general, testifies) "to represent the President, and to say to the witnesses that the Repub- 
 lican party and the authorities at Washington would stand by them. In short, to furnish those 
 who did the swearing and the counting with the necessary support— physical, political, and moral— 
 
314 ELECTORAL FRAUDS IX THE LATE PRESIDE]STIAL ELECTION. 
 
 to "enable them to make a fair count;" which, considering the Democrats had a majority of the 
 votes to be counted, was in eflfect the support necessary to enable the canvassers, under the pretext 
 of a fair count, to count in the Republicans and to count out those really elected (Parker, 741). 
 
 No one at all familiar w"th Louisiana will believe that even the desperate and, abandoned m^ 
 who control the returning board would have ventured to so outrage the community in which they 
 lived as to count the state for the Republicans but for the presence and encouragement of these 
 visitors. That " moral support," as the visitors called it, " and the tone which they gave to the pro- 
 ceedings," and the protection which Federal bayonets afLorded, were the real cause of the returning 
 board's action. Indeed, Packard had received 2366 more votes in the state than the Hayes' electors,, 
 and yet the moment it was announced that the Federal government was about to withdraw its 
 troops, the government he had established faded like the mist, and the control of the state passed 
 without a struggle into the hands of the Democrats. 
 
 So that in Louisiana, as in Florida, we have this anomaly : The wish of the voters was recognized 
 by the state and disregarded by the Federal government. The same ballots by which Democratic- 
 governors were elected were used to count out a Democratic and count in a Republican President. 
 
 THE VISITING STATESMEN. 
 
 The visiting statesmen arrived in New Orleans about the 15th of November and remained until 
 December 2d, when the returning board went into secret ses' ion. 
 
 They declined the proposition of the Democrats for a canvass of the votes cast and returned. 
 A committee of them attended the sittings of the returning board daily, and by their favor and 
 countenance assured its members of the support of the administration and of the Republican party 
 in their action (44tli Cong., 2d sess., Ex. Doc. No. 2, 31-3). 
 
 It does not seem to have been thought wise to inform these visitors, except generally, of what 
 was taking place. Mr. 3Iorey, one of the leading counsel for the Republicans, hus testified that the 
 local Republican managers early satisfied the visitors that they were competent to attend to the in- 
 terest of the party in Louisiana themselves, and that thereafter they did not think it necessary to 
 consult the visitors about details. Undoubtedly many of these gentlemen were shrewdly left in 
 ignorance of what was going on (Morey, 851). 
 
 Gentlemen from the North, unacquainted with Louisiana, and, like Mr. Parker, stopping at the 
 hotel where they heard only the assertions of the local Republican politicians and the ex parte 
 affidavits manufactured for the returning board, mi^ht jjossibly have misunderstood the real situa- 
 tion. " But those who mingled at all with the people could hardly have escaped better knowledge. 
 For instance, Mr. Sherman has insisted that Don Weber was a hero, killed for doing his duty in 
 West Feliciana; but General Sheldon admits Weber was known to be for sale, and it reached even 
 General Garfield's ears that Weber was not to be trusted. Those who read Emile Weber's letter, 
 written upon his brother's death— now confessed by him to be wholly false— may realize the hollow- 
 ness of the pretense to fire the Northern heart, which contact wiih the negroes themselves did not 
 always dispel (Parker, 732-3; Sherman, 755; Sheldon, 1285; Garfield, 798; Weber, 596-9). 
 
 For instance, General Garfield f aw the negroes from West Feliciana himself. In an upper room 
 in the great goveniment building in New Orleans, guarded by police and attendants, these West 
 Feliciana negroes who followed the Webers were brought down and u-^hered into the general's im- 
 posing presence. That they should then have adhered to the afiidavits which had just been made 
 for them isnot surprising. As Amy Mitchell testifies: "What they told me to say I just said it, 
 but I did not know it. I didn't say because I knew it. but I said because they told me ; because I 
 was scared." But of the whole number he saw, including this woman, who impressed him most, 
 all that have been brought before the committee have, without hesitation, recanted what they told 
 me (Garfield, 799, 801 ; Amy Mitchell, La., 474). 
 
 Others of the visiting statesmen were even more active in their participation in the action of 
 the local officials. The country is indebted to Gen. Harry White, of Pennsylvania, for the sug- 
 gestion which brought Mrs. Eliza Pinkston from the interior and exploited her with her wounds 
 exposed on a sofa bvfore the returning board. But it was indeed rarely that the visitors could sug- 
 gest anything to supplement the resources of the local managers (Morey, 818, 822). 
 
 THE LOCAL LEADERS 
 
 The Republican party in Louisiana contained very few white persons— just enough to hold the 
 offices, with their families and connections. The experience of the Congressional committee of 
 1875, who could not find five white persons who were not opposed to the Kellogg government, out- 
 side of office-holdors, or those connected with them or with the government in some way, shows 
 the substantial condition of things there. These white officials received very large sjilaries. Louis- 
 iana had always been a state that paid its public officers extravagantly. They were fully aware 
 that the election turned on Louisiana, and that without its vote tney would all go out of power. 
 They clung, therefore, desperately to the chance which the discretion cf the returning board 
 afforded, and were naturally ready to do anything that men under such circumstances could do to 
 give it color for its action; and they were very able, as well as very unscrupulous and desperate. 
 
 NECESSITY OP ADMINISTRATION SUPPORT. 
 
 But, desperate and unscrupulous as were Kellogg and Packard and their followers, they would 
 never have succeeded in carrying through their scheme for counting out the majority, and counting 
 in the minority, without the help of the national administration and of the Republican party; to 
 effect that result the support of both was a necessity. 
 
 When later, after Hayes was declared elected, it was announced that tT e troops would be with- 
 drawn, the whole Republican edifice in the state fell down in a night; and the returning board, un- 
 less they had been intrenched with troops and suj ported by the admin'stration and the visitinr 
 statesmen, would never have dared to count some six thousand Tilden majority into a majority of 
 three thousand for Hayes. 
 
 THE SEATING OP HAYES. 
 
 The alleged arrangement by which opposition in the House of Representatives to counting in Mr. 
 Hayes was placated by assurances that the people of South Carolina and Louisiana should be 
 allowed to recover the right to direct their own affairs, forms an instructive chapter in the events 
 
ELECTORAL FRAUDS IX THE LATE PRESIDENTIAL ELECTION. 315 
 
 of the Presidential election which we will not discuss (Burke, 601-31, 976-8: Morey, 841 ; Roberts, 
 880) 
 
 Of course, either Packard, with twenty-three hundred more votes than Haj'es, was elected, or 
 Hayes was not; and the action of Hayes and his friends, both by their negotiations to secure him 
 title and by their abandonment of Packard's title, manifest their convictions that neither Hayes, 
 nor Packard had been elected. 
 
 MR. Sherman's offer of testimony. 
 
 In June last an application was made to us by Mr. Sherman to take the testimony of some 
 ninety witnesses in East and West Feliciana who had previously testified before the returnino: 
 board or Senate committee of the Foity-fourth Congress to murders, whippings and violence, and 
 whose tesiimony had there been contradicted. It is not clear that such evidence could have any 
 bearing upon the action of the returning board or the conspiracy in these parishes to prevent votes 
 being cast. To call witnesses to a matter as to which they did not te^-tify before that board could 
 in no way establish the good faith of the board in dealing with the evidence they had before them 
 (p. 1905). 
 
 Nevertheless, we consented to receive this testimony, partly because we desired to give Mr. 
 Sherman the benefit of any doubt as to its propriety, and partly because of the difference betweenL 
 the laws of Louisiana and those of the other states in respect of the canvass of votes (p. 1102). 
 
 In Florida the law made no provision for going behind the ballots to ascertain the wishes of the 
 people. There the election was to be determined by the votes cast, i ot by those the people wanted 
 to, but did not cast. While in Florida, therefore, it seemed to us improper to go into the question 
 o^the intention of voters, we thought that in view of the provisions of the law of Louisiana for con- 
 sidering the intention of the voters, there might be some ground for such an inquiry there. 
 
 THE TESTIMONY NOT PRODUCED. 
 
 Accordingly, on the 20th of July we notified Mr. Sherman's counsel that we would receive th e 
 tesiimony proposed. He replied that owing to the lateness of the season it had been decided to^ 
 adopt aline of investigation omitting intimidation. The sub-committee left New Orleans on thfr 
 2oth of July, and shortly after the yellow fever became epidemic. In December Mr. Sherman's 
 counsel claimed that it Avas the presence of the yellow fever which had prevented their taking this 
 testimony in the previous summer (p. 1102, Sub-Com. Rep. 1468). 
 
 It will be seen by his answer at the time that that was not the ground then taken for refusing to- 
 produce it; nor was there any reason why, even if the yellow fever was then expected, that the 
 committee could not have withdrawn to the parishes and there safely have taken the testin ony; 
 and the claim that Mr. Sherman had been prevented from introducing this testimony seemed to tl.e 
 committee unfounded. Nevertheless, we again consented to take the testimony. Objection was 
 then made that the witnesses could not safely be brought to New Orleans, and we then consented 
 to go to the parishes to take it. This opportunity to take the testimony was also declined, on the 
 ground that the witnesses could not safely testify at all under the condition of things growing o t 
 of the last election in Louisiana (p 1102; Sub-Com. Rep. 14()8: Ray, 1470). 
 
 Inasmuch as they were being called at the time to testify before the Senate committee, then in 
 Louisiana, where tliey would be as much exposed by testifying as before the House con^mittee, 
 and as this committee had already called a considerable number of the very witnesses desired by 
 Mr. Sherman, and as at the last election there was no Republican ticket and the witnesses only 
 had c^oice between different Democratic candidates, it is difficult to see what ground there was for 
 this assertion, which appeared to us to be part of the pretense which proposed to call witnesses who 
 were really not desired. 
 
 THE SHERMAN LETTER. 
 
 Mr. Sherman was the chief of the visiting statesmen in Louisiana. The election in that state* 
 turned mainly upon the parishes of East and West Feliciana (Sherman, 763). 
 
 The supervisors of those parishes called upon him one evt ning at Morean's restaurant, as he re- 
 collects " indistinctly." They had a conversation with him and left. A letter ha s been referred to 
 as having been afterwards written by him to them. Mr. Sherman has testified: " I do not believe 
 I ever wrote that letter. At the same time there are things in this letter that I would have written 
 to these or any other men who were engaged in the performance of what I believed to be their 
 duty, if I had been asked." If that was so, his position in regard of what occurred would seem to 
 be defined by the letter, whether he wrote it or whether he did not (Sherman, 765; Sherman, 17). 
 
 Very considerable evidence has been taken as to the existence of this letter, and the press has 
 been largely engaged in discussing it. It is entirely certain that a letter of the kind did exist, by 
 whomsoever higned. 
 
 Weber left his parish declaring that the election had been fair; that there was no ground for 
 protest, and returned stating that he had made a protest; that he was constrained to do it, and 
 that he had received assurances of reward for doing so. This is established by gentlemen of char- 
 acier and credibility, and is not attempted to be disputed. Beyond that, at a time corresponding 
 with the date of this letter, he called upon his friend, Mr. Sypher, long one of the Republican Con- 
 gressmen from Louisiana, and showed him a letter, purporting to be signed by Mr. Sherman, of the 
 character of the letter referred to, and which Mr. Sypher believed to be, as Weber represented it to. 
 be, an original letter from Mr. Sherman (Weber, 590-4; Powell, La., 551; Leake, La., 550; Sypher,. 
 753). 
 
 General Sheldon tells us both Weber and Anderson were considered as for sale; and that An- 
 derson was demanding promises of reward for permitting his i-rotest to stand, we learn from such, 
 other Republican managers as Pitkin and Campbell. It is equally certain that Anderson thoii;ght 
 that he had received the assurances he sought. He says that they wrote to Sherman a letter asking 
 for written assurances of the fulfillment of the promises they had had, and gave it to Weber to- 
 take. It was a reply to this letter, by whomever sij'ned, that Weber showed to Sypher; for this- 
 reply acknowledges the receipt of the letter that Anderson and Weber had written, and establishes 
 of itself that there must have been a letier asking for a!^surance8 received by the person who pre- 
 pared the reply which Weber showed Sypher. It is, therefore, certain that Weber and Anderson 
 joined in a letter to Sherman demanding assurances for permitting his protest to stand, and that 
 
316 ELECTORAL FRAUDS IN THE LATE PRESIDENTIAL ELECTION. 
 
 they received a reply to that letter purporting to be signed by Sherman (Sheldon, 1284; Weber, 
 593; Anderson, 11; Agnes Jenks, 324; Sypher, 758; Weber, 593). 
 
 Emile L. Weber says that he found this Sherman letter among his brother's papers and de- 
 stroyed it. Mrs. Jenks says that Weber gave to her, to take to Sherman, his and Anderson's letter 
 demanding written assurances; that Weber then told her that they had already received verbal as- 
 surances and wished written ones; that t-he thought that they ought not to demand this, but be 
 satisfied with tl e v^ord of a Republican of Sherman's standing; and that in her zeal for the Re- 
 publican party she suppressed Weber and Anderson's letter, and herself caused a reply to be pre- 
 pared and signed for Sherman by a local politician, whose name she declined to give, and took 
 this, as Sherman's answer, back to Weber and Anderson, and this was the letter oii which he and 
 Anderson acted (Weber, 593; Agnes Jenks, 322, 344, 378). 
 
 It is certain, from Anderson's action as well as from Weber's, that they regarded this letter as 
 an original signed by Sherman, and that when later Anderson found himself without any such re- 
 ward as he thought he was entitled to, he at once set about pursuit of it, and his conduct shows 
 that he really believed that it not only existed but was genuine. 
 
 REPUBLICAN BELIEF IN IT. 
 
 Certain circumstances indicate a belief upon the part of those concerned in it that it was 
 genuine. 
 
 It was rumored among the leading Republicans in Louisiana that such a letter existed; that 
 Weber had been killed to obtain it, and a story then set on foot that he had been killed by the 
 Democrats. Kellogg and Packard, Darrell and Stanley Matthews, all acted upon the assumption 
 that such a letter existed, and Mrs. Jenks sought it diligently. Senator Matthews was cited bef«re 
 the commiitee, but refused to appear. We cannot say that on the whole we respect him the less 
 for his reticence. 
 
 It i« evident from Mr. Sherman's first examination, that he apprehended that he might have 
 written the letter and forgotten it, and the efforts that liave been made to mislead the public and 
 the committee about it have strengthened their conviction of this apprehension. 
 
 EFFORTS TO MISLEAD THE COMMITTEE. 
 
 On the 4th of September Mr. Sherman declared to the press that he believed the " roundsmen " 
 ■of the comiDittee were about to produce a forged letter as his and publish it with a view of affect- 
 ing the October elections. As the committee had adjourned, not to meet until after the October 
 elections: as they had no "roundsmen," nor had heard of such a letter, this naturally excited sus- 
 picion. Various letters purporting to be from persons who claimed to have formerly been in Mr. 
 Sherman's employment, but who could not be traced, were then sent to the committee offering to 
 produce his original letter. When no attention was paid to all this, Mrs. Jenks began, just before 
 the October election, dropping in the streets of New Orleans a packet containing what was intended 
 to pass for the original letter. This packet having been returned to her by tnose passing at the 
 time, she finally succeeded in leaving it unnoticed in a carpet shop in New Orleans. In its make- 
 up, and the papers inclosed, it had all the evidence of- being her property, and of having been 
 casuall}' lost, and of containing the original Sherman letter that she had so much sought for 
 <7yi6«M6, Sept. 5, 18/8, p. 1467; Bickford, 1300; p. 1127; Raymond, 1121; Lloyd, 1123; Raymond, 
 1118, 1125). 
 
 This was not a joke; the pui-pose was to have the committee produce this letter as if the original 
 letter, and when they had committed themselves to it to have the forgery certainly exposed by nav- 
 ing those who made it show when and where it had been forged, and thus lead to the impression 
 that no genuine letter had ever existed (Maloney, 1126). 
 
 This forged paper was not the letter which Weber showed to Sypher. That letter was written 
 upon two pages of note paper, this forged letter upon one page of letter paper. That was written 
 in a bad hand, difticult to decipher, as is Mr. Sherman's writing ; this was written in a plain and 
 round hand, obviously not intended for his, but to which an imitation of his signature was 
 attached. It was to serve as a decoy; and it is diflicult to see why anyone should want to set on 
 foot such a decoy who did not believe such an original letter did exist or had existed (Sypher, 755; 
 Anderson, 13). 
 
 In view of her relations to the Treasury Department, in which her brother was appointed after 
 she testified in Washington, and by which her husband has been employed since her testimony, 
 it is submitted that this attempt to impose a letter upon the committee was not without purpose 
 and for the benefit of those by whom she subsists, and with whom she sympathized, and whom 
 she has, as she says, before attempted to serve (T. H. Jenks, 583; T. C. Anderson, 570; Shellabar- 
 ^er, 786; Hahn, 1130). 
 
 By whomsoever signed with Mr. Sherman's name, the letter which Weber received, he and An- 
 derson, after the interview at Moreau's, accented and acted upon as genuine, and the only impor- 
 tance that attaches to its genuineness is whether Mr. Sherman actually did give in writing the 
 Assurances which he says he might well have given, but was careful not to express. 
 
 CONNIVANCE AT RETURNING BOARD FRAUD. 
 
 How far the controlling visiting statesmen like Mr. Sherman really believed there was any jus- 
 tification for the rejection of Democratic votes by the returning board, men will never agree. We 
 are apt to believe in the right of what we earnestly desire. Men who thought the welfare of the 
 country depended upon the continuation in power of the Republican party, would naturally have 
 been disposed to consider almost anything justified to retain it there. To us it seems impossible 
 that the flagrant and atrocious conduct of the returning board was not realized above all by the 
 men of most political experience, or that the most dangerous and outrageous political fraud of the 
 age was not assisted and advised by those who next proceeded to take posseseiou of its best 
 fruits. 
 
ELECTOR-IL FRAUDS IN^ THE LATE PRESIDENTIAL ELECTION. 31 T 
 
 LIST OF PERSONS CONNECTED WITH THE CANVASS OR ELEC- 
 TION OR NEGOTIATIONS IN LOUISIANA IN 1876, SUBSEQUENTLY 
 APPOINTED TO, OR RETAINED, IN OFFICE : 
 
 CONNECTED WITH THE RETURNING BOARD. 
 Names. Employment 1876. Office. 
 
 J. Madison Wells President Returning Board Surveyor Port N. O. 
 
 Thos. C. Anderson Member Returning Board Deputy Col. Port N. O. 
 
 S. M. Kenner " " " Deputy Naval officer. 
 
 G. Cassanavc " " " Brother of U. S. Store- 
 
 keeper, N. O. 
 
 Chas. A. Vernon Secretary Returning Board Insp'r Custom House. 
 
 Chas. S. Abell " " " '* " 
 
 York A. Woodward Clerk of Returning Board Clerk Custom House. 
 
 W.H.Green " " " " 
 
 P. P. Blanchard " " " " " 
 
 G. R. Davis " " " " 
 
 Charles Hill " " " " 
 
 Geo. Grindley " " " " " " 
 
 John Ray Counsel of Returning Board Spec. Agt. Treas. Dep. 
 
 A. C. Wells Son of J. Madison Wells Spec. Dep. Surv'r N. O. 
 
 T. A. Woolfley Affidavit taker U. S. Commissioner. 
 
 R. M. J. Kenner Brother Returning Board Kenner Clerk Naval Office. 
 
 STATE OFFICERS AND MANAGERS. 
 
 Michael Hahn State Registrar Superintendent Mint. 
 
 James P. McArdle State Registrar's Clerk Custom House. 
 
 W. P. Kellogg Governor U. S. Senate. 
 
 S. B. Packard Candidate for Governor Consul to Liverpool. 
 
 Geo. L. Smith Candidate for Congress Collector New Orleans^ 
 
 James Lewis Police Comm'r New Orleans Naval Office. 
 
 Jack Wharton Adjutant-General Louisiana U. S. Marshal. 
 
 A. S. Badger General of State Militia Postmaster N. O. 
 
 D. J. M. A. Jewett Secretary Republican Com Insp'r Custom House. 
 
 H. J. Campbell Chief of Affidavit Factory U. S. Att'y. Wyoming. 
 
 H. Conquest Clarke Kellogs^'s Secretary Clerk Int. Rev. 
 
 N. F. Loan Chief of Police Clerk Internal Rev. 
 
 W. L. McMiHan " '' , Pension Agent, N. O. 
 
 ELECTORS. 
 
 William P. Kellogg Elector at Large U. S. Senator. 
 
 J. Henri Burch " " State Senator, 
 
 Peter Joseph " " Clerk Custom House. 
 
 Lionel A. Sheldon " " Mr. Sherman's counseL 
 
 Morris Marks " " Collector Int. Rev. 
 
 A. B. Levisee . '• " , Spec. Agt. Treasury. 
 
 O.H.Brewster " " Surveyor-General. 
 
 SUPERVISORS AND PERSONS CONNECTED WITH THE ELECTION. 
 
 James P. McArdle State Registrar's Clerk Custom House. 
 
 Michael Hahn State Registrar Supt. of Mint. 
 
 M. J. Grady Supervisor at Ouachita Dept. Col. Int. Rev. 
 
 John K. Dinkgrave Manager at Ouachita Legislature. 
 
 H. C. Attwood " " U.S. Marshal. 
 
 W. R. Hardy District Attorney Insp'r Custom House. 
 
 Henry Smith Sheriff of East Feliciana Custom House. 
 
 Samuel Chapman " " " " " 
 
 James E. Anderson Supervisor of East Feliciana Consul Funchal 
 
 A. H. Ferguson Supervisor at De Soto ..Custom House. 
 
 M. 11. Twitchell Supervisor Claiborne Consul Kingston. 
 
 J.E.Scott " Rapides Post Office. 
 
 B. W. Woodruff " St. Tammany " " 
 
 Victor Gradias Rep. Manager Grant Parish Tax Collector N. O. 
 
 A. J. Brien " 2d ward N. O Insp'r Custom House. 
 
 Patrick Creagh " 3d " Chief Laborer. 
 
 R. C. Howard " 4th " ^ Clerk Custom House. 
 
 J.C.Pinckler " 5th " " 
 
 W.J.Moore " 7th " " " 
 
 Thomas Leon '• 8th " " " 
 
 H.C.Bartlett " 9th " " 
 
 T.IT. Rowan " 10th " ... " 
 
 A. W. Kempton Comm'r 11th ** Boatman Custom House, 
 
 L. Backus Manager 11th " Police " " 
 
 Napoleon Underwood Supervisor 12th " Inspector. " " 
 
 P. J. Maloney " 14th " Cu.stom House. 
 
 W. F. Loan " 15th " Chief of Police. 
 
518 ELECTORAL FRAUDS IX THE LATE PRESIDENTIAL ELECTION. 
 
 VISITING STATESMEN. 
 
 ^ohn Sherman Secretary of Treasury. 
 
 John M. Harlan Justice Sup. Court. 
 
 Stanley Matthews Senator from Ohio. 
 
 James A. Garfield Admin'n Can. Speaker. 
 
 Eugene Hale. ... Offered P. M. General. 
 
 Edwin W. Stoughton Minister to Russia. 
 
 Wm. D. Kelley Member of Congress. 
 
 T ?,• 4 P'^"^ Minister to Austria. 
 
 J. K. Hawley Commissioner to Paris. 
 
 John Coburn Coram'r Hot Springs. 
 
 COUNSEL BEFORE THE ELECTORAL COMMISSION. 
 
 Wm. M. Evarts Secretary of State. 
 
 Sam'l Shellabarger _ Messrs. Hayes and Sher- 
 man's private counsel. 
 
 III. 
 
 THE FORGED ELECTORAL CERTIFICATES. 
 
 The electors thus declared cho.sen, except Levisee and Brewster, met in the State House, in the 
 ■city of New Orleans, at noon on the 6th day of December, 1876. Both Levisee and Brewster, at 
 the time of the election, held offices under the Federal government— Levisee as United States 
 commissioner, and Brewster as surveyor-general, which, it was feared, rendered them ineligible as 
 electors. They did not, therefore, attend the first meeting. The other members thereupon pro- 
 <;eeded to choose them respectively lo fill the vacancies occasioned by their own non-appearance, 
 for having since the election resigned their offices, they were considered then eligible as electors. 
 Levisee and Brewster being sent for, attended, and the electors then proceeded to vote for Presi- 
 dent and Vice-President by ballot. This they did, as Levisee states— and no different version has 
 been offered to your committee— by each elector taking a slij) of paper on which was written, 
 *'For President, Rutherford B. Hayes; for Vice-President, William A. Wheeler; folding such 
 slip, indorsing it with bis name, and openly depositing the paper in a hat (Levisee, pp. 98 and 
 751). 
 
 THE FIRST SET OF CERTIFICATES. 
 
 The electors, having thus disregarded the jjrovisions of the Constitution, which require them to 
 vote for President and Vice-President by distmct ballots, proceeded to sign, in triplicate, a certifi- 
 cate of the votes cast, which included in one list or certificate both the votes for President and 
 Vice-President ; and also a process verbal or recital, of their i)roeeedings, including an authority to 
 Thomas C. Anderson to carry to Washington one of these certificates (Levisee, p. 93). 
 
 Kellogg, as governor, caused to be delivered to these electors, as required by law (R. S., sec. 
 139), three certificates, stating that they were duly chosen as electors, and one of these certificates 
 by the governor was annexed to each of the triplicate certificates, which the electors t-igned (pp. 266, 
 «36). 
 
 The electoral certificates were then enveloped and sealed up by H. Conquest Clarke, Governor 
 Kellogg's secretary, and upon each of these envelopes a certificate was indorsed, as required by 
 law (R. S., sec. 132), stating that it contained a list of all the votes for President and Vice-Presi- 
 dent; but the electors omitted to sign any of these certificates (Ferry, 133). 
 
 Of these triplicate papers, one was maiktl on the 9th of December to the president of the Sen- 
 ate, one was filed by Clarke with the judge of the United States district court, and one was 
 handed (by him or Kellogg), on the 21st of December, to Anderson to take to Washington (Clarke, 
 p. 259). 
 
 THESE CERTIFICATES REJECTED. 
 
 Anderson arrived in Washington on Christmas eve, the 24th of December. On Christmas morn- 
 ing he waited upon Mr. Ferry, the president of th" Senate, and presented to him the package 
 he had brought. Mr. Ferry called his attention to the fact that the paper did not have the indorse- 
 ment which the statute required, and Anderson says that thereupon he returned to his hotel and 
 opened the envelope and examined the paper within, in the hope of finding the indorsement there; 
 and then, although accompanied by ladies, without the rest of another night, returned immedi- 
 ately with the papers to New Orleans (Anderson, 539; p. 540). 
 
 Anderson reached New Orleans on the morning of Thursday, the 28th of December, and took 
 the papers to Kellogg, at his office at the State House, and informed him that the president of the 
 Senate had said that the returns were not in form, and that a new one must be prepared. Kellogg 
 thereupon sent for Clarke, his secretary, and gave him directions to confer with Anderson and 
 prepare such new certificates; and Clarke, learning from Anderson that the defect was that, the 
 electors had made one list of votes cast for President and Vice-President instead of two distinct 
 lists, proceeded to rectify it, and he at once went to the Rejjublican printing office and gave there, 
 in person, the directions for the changes necessary for the new electoral certificates (p. 541; Kel- 
 logg, 674; Clarke, p. 258). 
 
 THE NEW CERTIFICATES. 
 
 The following are copies of the electoral certificate executed on the 6th of December and of the 
 electoral certificate prepared by Clarke's direction upon the 28th of December for execution, but 
 antedated as if of the 6th of that month: 
 
ELECTORAL FRAUDS IN THE LATE PRESIDENTIAL ELECTION. 319 
 
 electors' LIST OF DECEMBER 6. 
 
 The United States op America 
 
 State of Louisiana, State House 
 New Orleans, December 
 
 lousE, y 
 
 r 6, 1876. ) 
 
 We, the electors of President and Vice-President of the United States for the state of Louis 
 lana, do hereby certify that on this the sixth day of December, in the year of our Lord one thou- 
 eand eight hundred and seventy-six, we proceeded to vote by ballot for President of the United 
 States on the date above; that Rutherford B. Hayes, of the state of Ohio, received eight votes for 
 President of the United States, being all the votes cast, and that we then immediately proceeded 
 to vote by ballot for Vice-President of the United States, whereupon William A. Wheeler, of the 
 state of New York, received eight votes for Vice-President of the United States, being all the 
 votes cast. 
 
 In testimony whereof, we, said electors, have hereunto signed our names, on this the first 
 Wednesday, being the sixth day of December, in the year of our Lord eighteen hundred and sev- 
 enty-six, and of the Independence of the United States the one hundred and first. 
 
 WILLIAM P. KELLOGG. 
 
 J. HENRI BURCH. 
 
 PETER JOSEPH. 
 
 LIONEL A. SHELDON. 
 
 MORRIS MARKS. 
 
 AARON B. LEVISEE. 
 
 ORLANDO H. BREWSTER. 
 
 OSCAR JOFFRION. 
 
 Clarke's electoral list, printed December 28. 
 
 Thk United States of America, ) 
 
 State of [Seal] Louisiana, State House, V 
 New Orleans, December 6, 1876. ) 
 We, the electors of President and Vice-President of the United States for the state of Louisiana, 
 ^o hereby certify that on this day, Wednesday, the sixth day of December, in the year of our Lord 
 ■eighteen hundred and seventy-six, we proceeded to vote by ballot for President of the United 
 States, whereupon Rutherford B. Hayes, of the state of Ohio, received eight votes for President 
 of the United States, being all the votes cast. 
 
 In testimony whereof, we, said electors, have hereunto signed our names, on this the first 
 Wednesday, being the sixth day uf December, in the year of our Lord eighteen hundred and sev- 
 enty-six, and of the Independence of the United States the one hundred and first. 
 
 WM. P. KELLOGG. 
 J. HENRI BURCH. 
 PETER JOSEPH. 
 LIONEL A. SHELDON. 
 MORRIS MARKS. 
 AARON B. LEVISEE. 
 ORLANDO H. BREWSTER. 
 OSCAR JOFFRION. 
 
 The United States or America, ) 
 
 State of Louisiana, State House, '- 
 New Orleans, December 6, 18v6. ) 
 We, the electors of President and Vice-President of the United States for the state of Louis- 
 iana, do hereby certify that on this day, Wednesday, the sixth day of December, in the year of 
 our Lord eighteen hundred and seventy-six, we proceeded to vote b^^ ballot for Vice-Presicient of 
 the United States, whereupon William A. Wheeler, of the state of New York, received eight votes 
 for Vice-President of the United States, being all the votes cast. 
 
 In testimony whereof, we, said electors, have hereunto signed our names, on this, the first 
 Wednesday, being the sixth day of December, in the year of our Lord eighteen hundred and sev- 
 enty-six, and of the Independence of the United States the one hundred and first. 
 
 WILLIAM P. KELLOGG. 
 J. HENRI BURCH. 
 PETER JOSEPH. 
 LIONEL L. SHELDON. 
 MORRIS MARKS. 
 AARON B. LEVISEE. 
 ORLANDO H. BREWSTER. 
 OSCAR JOFFRION. 
 It will thus be seen that tlio electoral certificate taken back by Anderson was a statement of 
 the votes cast both for President and Vice-President, certified in a single paper, whereas the twelfth 
 article of tlie Constitution, which in this respect changed the Constitution from the original pro- 
 vision of the second article, required that the electors should not only vote in distinct ballots for 
 President and Vice-President, but that they should make ''distinct lists of all persons voted for as 
 President and for all persons voted for as Vice-President," which distinct lists "they were to sign 
 and certify," so that the electoral certificates made on the 6th of December were open to objection 
 as failing to comply with this precise and positive provision of the Constitution. 
 
 This defect was avoided in tho new electoral lists, whicli were prepared as distinct. That Is, 
 there was a separate certificate to be signed by all the electors, stating the votes cast for President, 
 and another distinct certificate, also to be separately signed by the electors, stating the votes cast 
 for Vice-President; and both these distinct certificates by the electors were to be used in place of 
 the original single certificate which reported the votes cast for both officers. 
 
 Anderson does not recollect that he consulted or spoke with any one about the sufficiency of the 
 electoral certificate he took to Washington before he broughr, it back to Kellogg, but supposes he 
 may have done so. He certainly did not notify him or any one of the defect by telegraph. But not 
 to have consulted any one in Washington about it would have been a very unlikely course to take 
 
320 ELECTORAL FRAUDS IN THE LATE PRESIDENTIAL ELECTION. 
 
 in a matter of such importance, and upon which, as Ferry told him, the Presidential election de- 
 pended. And as Anderson on his return told Clarke that " friends in Washington thought that 
 instead of the names for President and Vice-President being on one sheet they should be on two 
 sheets," and notified Sheldon what the real defect was: he doubtless had consulted his " friends " 
 here about it (Anderson, 540, 541; Clarke, 258; Kellogg, 673; Sheldon, 1576). 
 
 Clarke further states that the form of the electoral certificate made on the 6th of December was 
 only adopted after much consultation and advice of counsel. That in a matter of such graviti'- he 
 should at once, and without consulting with any one, have proceeded to discard that form and ta 
 adopt, instead of one, two distinct certificates, shows a?^o that this conrse must have been advised 
 by friends whom Brewster " supposed to be some of our leading men;" friends, indeed, of control- 
 ling prominence (Clarke, 260; Brewster, 255\ 
 
 As the law (R. S., 140) required that the certificate should reach Washington by the first Wednes- 
 day of January (January 3, 1877), it was imperative that the new certificates should leave New Or- 
 leans not later than the afternoon of the following day, Friday, December 29 (Sheldon, 1275). 
 
 SO PRINTED AS TO MISLEAD. 
 
 Pressing as was the haste, Clarke, curiouslj'^ enough, found time to have the new electoral lists 
 printed upon sheets of a peculiar size, texture and appearance, and in a peculiar type, all corres- 
 jionding in appearance exactly with the certificates of their appointment, furnished to the electors 
 by the governor on the 6th of December, and to be dated that day, so that when annexed to the 
 new electoral certificates, one looking at these certificates would naturally suppose that both the 
 electors' and the attached governor's certificates were prepared and issued at the same time, instead 
 of weeks apart (see original lists). 
 
 The deception thus intended would have been useless, and would not have been attempted, un- 
 less the parlies had known in advance that they could possess themselves of certificates by the 
 governor, dated December 6th. One of such certificates Clarke obtained, by detaching it from the 
 electoral certificates of December 6 Anderson brought back from Washington, and annexing it to 
 one of the electoral certificates prepared in triplicate on the 29th of December, but antedated to the 
 6th. For the other two parts of these later electoral certificates, he snys he took like certificates by 
 the governor, which had been left over since the 6th of December (Clarke, 268). 
 
 His story is, that Kellogg, finding that his certificates of who had been appointed electors had 
 been filled out in a handwriting he did not like, ordered another set to be made out, and that thus 
 there were duplicate governor's certificates of the 6th of December made, from which Clarke, after 
 using those required for the electoral certificates of that date, had enough left over to answer for 
 the new electoral lists of the 29th. Your committee have been unable to discover any such infe- 
 riority in the i)enmanship in the governor's certificates which Kellogg rejected as to require a new 
 set to be prepared; nor has it been explained why, if the penmanship was so objectionab'e, Kellogg 
 should have thought it necessary to be at the trouble not only of signing all the rejected certificates, 
 but also of having his signature attested by the great seal of the state, and by the signature of the 
 Secretary of State; nor why, after the well-written electoral certificates executed on the 6th of De- 
 cember were completed, it should have been thought necessary to preserve those rejected and un- 
 used governor's certificates (Clarke, 265). 
 
 But, whether the governor's certificates for the new electoral lists were made on the 29th of 
 December, and falsely dated and certified by the Secretary of State to appear as if issued on the 6th 
 of December, or whether they were "curiously" surplus certificates left over from the 6th of De- 
 cember, in either case Clarke was able to provide himself with certificates by the governor, dated 
 December 6, to annex to the new electoral lists, so as to can-y out the deception designed (Clarke, 
 261). 
 
 SECRETLY SIGNED. 
 
 The lists, being thus prepared for signature, were taken to a small room in the third story of the 
 State House, " not at all frequented," where Clarke had them in charge, instead of being taken to 
 his ordinary office adjoining the governor's chamber (Clarke, 259, 260). 
 
 No formal meeting cf the electors was had, nor was any notice given that new lists were being 
 prepared, but the whole proceeding was kept entirely secret among the parties concerned in its exe- 
 cution and their advisers. 
 
 On the following morning, Friday, December 29, Anderson proceeded, about eleven o'clock, to 
 this upper room, where he found Clarke sitting at a table, and spread out before him were papers 
 which seemed to be the electoral lists. He stated to Clarke that he was unable to again make the 
 journey to Washington, and that some one must go in his place, and that it had been arranged that 
 one Charles Hill, tlien an examiner in the auditor's ofiice, and now a storekeeper in the custom- 
 house, should be the messenger for that purpose; and he asked Clarke if the certificates would be 
 ready to go that afternoon by the train to the north— which train left New Orleans about five o'clock. 
 Clarke responded that they would be ready. Meantime, word had been sent out by Clarke to the 
 different electors to come to the state building (Anderson, 544, 545). 
 
 Kellogg, Brewster, Sheldon, Burch, Joseph, and, perhaps, Marks, seem to have been at the State 
 House during that day. 
 
 Kellogg swears he signed the certificates that day, but saw no one else sign them. Brewster, 
 that he signed them, but saw no one else sign them. Marks, that he signed them, and saw Sheldon 
 sign them; and saw Biirch, and, he thinks, Joseph, in the room when he signed (Kellogg, 675; 
 Brewster, 2.53,255; Marks, La., 423). 
 
 Clarke says he saw Kellogg sign them, and that Kellogg signed first, and saw them .signed by 
 Brewster (Clarke, 262, 263, 271). 
 
 Sheldon says he saw Anderson on the morning of his return; was told of the defects in the first 
 certificate and the necessity for a new set; and knew of the importance of their being sent forward 
 at once. Knew Joffrion and Levisee to be out of town, and inquired of Kellogg if they would be 
 there in time, and was told they had been .sent for. Called the next morning on Kellogg, and asked 
 if they had arrived, and was told by him they had; and then went with Kellogg upstairs to the pri- 
 vate room; there saw Kellogg sign, Burch sign, Marks sign, and signed himself, but met no other of- 
 the electors that day at all (Sheldon, 274). 
 
 In the afternoon, about half -past three, Hill says Kellogg went with him from his chamber, in 
 the executive oftice, upstairs to get the returns. There they found Clarke, but no one else whom 
 he can now identify. Kellogg asked if Brewster had signed, and Clarke answered that Brewster 
 
rJLECTORAL FRAUDS IN THE LATE PRESIDENTIAL ELECTION. 321 
 
 had not come j'et. While they were waiting Brewster came in and signed the retnms, and was the 
 last who did sign them; then Clarke folded up the papers, put them in the envelopes, sealed them, 
 and Kellogg took them down stairs to his office, accompanied by Hill, and there wrote something 
 on them (probably his signature to the indorsement), and handed to Hill to take to Washington 
 one of the triplicate parts, and gave him a letter directed in Anderson's writing, to Ferry (Hill, La., 
 50, 52; Hill, La., 50, 53). 
 
 Anderson states that, toward four o'clock of that day, he went up to this upper room and met 
 Brewster coming out. Brewster stated that he had just signed the returns. Anderson entered and 
 found Clarke there, and he thinks Hill, although as to that he is not positive. Anderson sat down 
 at a desk in the room and wroie a letter to Ferry introducing Hill, and inclosed with it his authority 
 as messenger, and handed it to Hill, and left the room (Anderson, 545). 
 
 Hill departed for Washinuton with his triplicate of the electoral certificates that afternoon. 
 Clarke sent another triplicate by registered mail by the same train, and on the following day Clarke 
 took the third set to the district .ludge and filed them there. These certificates purported to be 
 signed by all the electors (Hill, La., 50; Clarke, 259). 
 
 TWO electors' SIGNATURES FORGED. 
 
 Levisee has testified that on the 28th and 29th of December he was himself many hundred miles 
 from New Orleans, at Shreveport. He could not, therefore, be procured for the purpose of signing 
 the new electoral lists, and did not sis^^n them; and that the signature of his name appended to them 
 is not his, but a tolerably well-imitated forgery (Levisee, 92, 96). 
 
 On the 9th day of June last one Thomas S. Kelly, who had formerly been a door keeper employed 
 by Kellogg in his office, and who had general charge of it for four years under Clarke, and who had 
 been reported as dead, wrote to the chairman stating that he was then living at Lake Piovidence, 
 Louisiana; that he saw Jellrion's and Levisee's names forged to the electoral certificates, and, if 
 protected from being murdered, he would so testify (Kelly, La., 507). 
 
 Kelly was accordnigly summoned before the sub-committee in New Orleans, but, on the day on 
 which the subptena reached him, one James D. Kennedy, an employee of the sergeant-at-arms of the 
 Senate of the United States, where he had been appointed on the recommendation of Senator 
 Kellogg, and who had obtained from the sergeant-^t-arms, upon Kellogg's request, leave of 
 absence, arrived at Lake Providence and took Kelly with him and carried him off to Cincinnati and 
 thence, so that at the time your committee were not aule to find him (Kelly, La., 569, 571; Kennedy, 
 1115; Kellogg, 681,682). 
 
 After Kelly's litter had been proved, and his journey with Kennedy had been traced to Wash- 
 ington, and the facts published, he and Kennedy notified the committee they were ready to be 
 called. They were not called at the time, but some months later, during all of which time, although 
 poor as a " church mouse,*' having been brought to Washington by the money which Kennedy fur- 
 nished him, with no baggage but a satchel, Kelly continued living at Washington, judging from hig 
 appearance, in luxury, doing nothing he would state (Kennedy, 1116, 1117). 
 
 He then reafliirmed the story which he had told in his letter, and declared that he knew that both 
 Levisee's and Joffrion's signatures were forged, because neither of them was in New Orleans on that 
 day, and from the further fact that he saw Joffrion's signature forged. He says that the forgery 
 was executed by one D. P. Blanchard, then the executive clerk in Governor Kellogg's oftice, and 
 chairman of the Executive Republican Committee. As Blanchard died after Kelly's letter to the 
 chairman, and as Kelly wrote the letter because of his dissatisfaction at the conduct of Hayes and 
 his administration, and as he had been for months cared for by the friends to whom Kennedy had 
 brought him, your committee strongly suspect that this story was false, and was told because 
 Blanchard was dead, and in order to divert attention from the persons who really committed the 
 forgery (T. S. Kelly, 1135, 1147; T. S. Kelly, 1147, 1148; Jewett, 1440, 1448). 
 
 NECESSITY FOR FORGERY, 
 
 Since it was known when the second set of electoral certificates was prepared that the Presiden- 
 tial election turned upon one vote, it was essential that the certificates, if signed at all, should ap- 
 pear to be signed by all the electors. With six votes they would have been no more useful than 
 with one, and as it was not known until Anderson returned that they would be needed, there was 
 little time to get, from the interior of a state in which travel is so difficult as in Louisiana, the per- 
 sens whose presence was requisite. It was natural, therefore, that some of these might not arrive 
 in time. It was equally necessary that the certificates should leave on the 29th, so that their arrival 
 could not be waited for. Joffrion, Levisee and Marks all resided in the interior. Maiks says he 
 arrived in time, although there is much confusion about his story. Joffrion and Levisee did. not. 
 It became, therefore, a necessity that if the new electoral certificates were to be of any use the 
 names of the absentees should be forged to them. The resources of Kellogg's administration 
 were equal to the occasion, and they were forged (Marks, La., 418, 420-6; Whitaker, La., 573; Doug- 
 lass, La., 574). 
 
 As these papers consisted of distinct lists of the votes for President and of the votes for Vice- 
 President separately certified, the signature of an elector was required to the set of papers nme 
 times— once to the list of votes for President, once to the list of votes for 'Vice-President, and once 
 for the indorsement upon the envelope reciting what the papers within were; and as the papers 
 were prepared in triplicate these three si^atures had to be three times repeated, thus making nine 
 signatures for each elector, to say nothing of tlie signatures that may have been required ix) a 
 new authority to a messenger to carry the electoral list to Washington if a new authority was exe- 
 cuted. 
 
 And so it was that these papers thus prepared in the State House in New Orleans, under the 
 direction of Kellogg and his secretary, were furnished in the afternoon of the 29th day of Decem- 
 ber, 1876, with from eighteen to twenty-seven forged signatures. 
 
 DELIVERY OF FORGED CERTIFICATES. 
 
 Two of the forged electoral certificates reached Washington on the first Wednesday of January, 
 1877, one by mail, the other by Hill as messenger. Upon his arrival Hill waited upon Mr. Zacha- 
 riah Chandler, chairman of the Republican National Committee, to whom he brought a letter from 
 Kellogg. He informed Chandler he had brought the returns, and was then directed to immediately 
 deliver them to Mr. Ferry. He reached Mr. Ferry's office at the Capitol about four o'clock. Hill 
 
 21 
 
322 ELECTORAL FRAUDS IX THE LATE PRESIDENTIAL ELECTION, 
 
 informed Mr. Ferry what he brought. Mr. Ferry went out and called in Mr. John Sherman, and 
 then, in Mr. Sht-rman's presence, Hill delivered his triplicate of the forged certificate to Ferry. 
 Hill then went with Mr. Sherman to his committee-room, where Sherman wrote a letter to Kellogg, 
 which he delivered, sealed, to Hill to take back. Hill then waited upon Mr. Frye and Mr. Hale, to 
 "Whom he brought letters from Mr. Packard, and told them he had brought the returns, and then 
 Mr. Frye told him to " hold the fort," and Mr. Hale " to stand firm " (Ferry, 140: Hill, La., 53; 
 Hill, La., 567). 
 
 ATTEMPT TO SUPPRESS GENUINE CERTIFICATES, 
 
 The first intention of the parties was to suppress the genuine certificates of the 6th of Decern. 
 her, and rely entirely upon the forged ones, which were regular in form. Clarke accordingly sup- 
 pressed and retained the certificate which Anderson had taken to Washington, and an application 
 was made to the district judge to withdraw from the files the triplicate of the genuine set which ' 
 had been filed in his office, but this the district judge refused to permit, and the purpose in this re- 
 spect was thereby defeated. Not only did neither the press nor any of the Democratic leaders learn 
 that a second meeting of the Electoral College was to beheld, or that the electoral certificate intrust- 
 ed to Anderson had been returned to New Orleans, or that new ones were made, but the matter was, 
 as Brewster styles it, "kept rather private;" so private that, although he was repeatedly sent for 
 during the 29th to come to the governor's office, it was not even hinted to him why his presence 
 was needed until he learned the reason from Clarke there. And the president of the Senate, Mr. 
 Ferry, appears to have as carefully withheld from the Democrats in Washington, and indeed from 
 everybody but two of the Republican managers, any knowledge that another set of certificates had 
 been received from Louisiana (Clarke, 266; Devonshire, La., 61; Brewster, 252; Ferry, 147; Tuck- 
 er; IJunton). 
 
 THE BURLESQUE CERTIFICATE AND ITS OBJECT. 
 
 When the two houses met in joint convention on the 12th of February, 1876, and the state of 
 Louisiana was reached, the president of the Senate produced first the genuine Kellogg certificate, 
 which had come to him by mail; next the McEnery certificate,which had come to him in duplicate, 
 one copy by mail and the other by messenger; and next the forged Kellogg certificate, of which 
 two copies, one by mail and the other by Hill as messenger, had reached him; and finally a certifi- 
 cate signed by John Smith, declaring that the vote of Louisiana had been cast for Peter Cooper. 
 This bogus certificate the convention directed to be suppressed from its records, and no reference 
 to it appears there. It is difficult to conceive why, for the first time in the history of the govern- 
 ment, a false, an avowedly false certificate should have been sent in, in a case of all others so seri- 
 ous, and regarded so extremely unfit for pleasantry, unless it was to draw attention from the 
 forged Kellogg certificates, and to create a diversion which might withdraw from those certificates 
 the scrutiny of the convention, and to create a certificate to which any rumors of a forgery in 
 the electoral certificates from that state might naturally be ascribed. This suspicion is strength- 
 ened by the fact that this certificate cannot now be found, nor is any account given of what be- 
 came of it, after it was returned by the tellers. It appears by the record kept of such certificates 
 that it reached the president of the Senate on the 9th of January, 1877, six days after the delivery 
 of the forged Louisiana certificates, time enough after that certificate was received to have tele- 
 graphed to Louisiana to have this burlesque paper prepared (Electoral Count, 205, 212: Moses, 
 1160-1; Ingalls; Allison). 
 
 THE FRAUD ON THE ELECTORAL COMMISSION, 
 
 All the certificates, except that ofiSmith, were sent before the Electoral Commission. There 
 they were not read, but as the reading was about to begin, a motion was made that they be printed, 
 and the secretary of the commission was thereupon directed lo have them printed. It had been the 
 practice of the secretary to send the original certificates to the public printer to be printed, by 
 whitm the certificates and printed copies were returned the following morning; and the printed 
 copies were then distributed by the secretary or his deputy to the commission and the counsel. 
 On this occasion, however, and on this occasion only, the certificates, instead of being sent to the 
 
 fmblic printer, were sent to a private printer, Mr. Pearson, who, instead of returning them the fol- 
 owing morning to Mr. McKenney, the secretary, to be distributed, distributed them directly to the 
 commission and the counsel by two of his press boys. This change cf the printer and in the de- 
 livery of the prints of the certificates neither the commission nor the counsel seem to have been 
 aware of (Electoral Count, 218; McKenney, 118, 121; Pearson, 567, 5<i8). 
 
 Inasmuch as no notice was taken by the many counsel before the commission, nor by those in 
 conference with them, nor by any of the members of the commission, nor by any of the two hun- 
 dred Democratic members of the House and Senate, who.-e attention had been concentrated upon 
 Louisiana, of the fact that the first electoral certificate from that state was so defective, the pre- 
 sumption would seem to be inevitable that the prints of the Louisiana- Kellogg certificates, which 
 were distributed, must have been, not one copy each of the original defective certificate, and of 
 the revised certificate with forged signatures, but, instead, two copies of the latter (Electoral Count, 
 212-16). 
 
 Such a substitution of the one print for the other might have happened by accident. But the 
 attendant circumstances indicate that this change in the distribution of the prints was the result, 
 not of accident, but of design. 
 
 The originals of the Louisiana certificates had been marked by the presiding judge with his in- 
 itials, and with a number to distinguish them. That is, the first certificate of the Kellogg electors 
 was marked " No. 1, N. C.;" the next, or Democratic certificate, was marked " No. 2, N. C," and 
 the forged certificate was marked " No. 3, N. C." But as printed, these distinguishing marks were 
 omitted, and the prints were without any distinguishing marks, and the prints of the two Kellogg 
 certificates w^ere made exactly alike in external appearance, and their first pages (which contained 
 the certificate of the governor as to who were the electors) were so set up as to be precisely alike, both 
 in matter and in form, so that they might easily be mistaken one for the other, and that if the de- 
 livery of two copies of the forged but revised certificate, instead of one copy of that and one of the 
 prior genuine but defective certificate should be discovered, the change could easily be accounted 
 for as an accident. 
 
 Mr. Murphy, the stenographer of the Electoral Commission, tells us that Ve caused the printed 
 
ELECTORAL FRAUDS IN THE LATE PRESIDENTIAL ELECTION. 323 
 
 copies of the Louisiana electoral certificates to be marked '"l Z' "2" and "3," but beyond taking 
 care that Nos. "1" and ''3" had Kellogg certificates as governor attached, he gave them no 
 examination, so that he might as readilj' Yiave marked two prints of No. "3" as prints of Nos. "1" 
 and "3" with those numbers (Murphy 1141). 
 
 Besides, if the substitution in tlie delivery of one printed copy for the other had been by accident, 
 some one of the commission, at least, would have received a print of the first Kellogg certificate, 
 or have been left without a print of the McEnery certificates, and this would havd led to remark. 
 
 Beyond this it is to be observed that while Kellogg knew of the forgery, and took great care to 
 prevent the fact getting out, he yet let the Republican managers know that there was something 
 wrong about the second set of certificates; and as there was nothing wrong on their face that wrong 
 must nave been in their execution. He says he told Morton that the second set was made after the 
 law day, and must not bo depended upon, and that the first set was all right, and to stand on that. 
 But the " leading friends in Washington," who had declared on the 25th of December that the cer- 
 tificates first made on the law day were defective, and that separate ones must be prepared, knew, 
 as soon as they saw the second set, that they were antedated. Kellogg's statement could not, 
 therefore, have been meant to give Morton that information. But in whatever form given, whether 
 by a word, a shrug, a look, or an infl<;ction of the voice, even if Kellogg went no further, it would 
 have served to give that astute manager to understand that while the new certificates were impor- 
 tant for the commission to consider, it would never do to let them stand in the record, nor leave it 
 to be thereafter discovered that the Presidential election depended upon them (Kellogg, 710-11). 
 
 THE FALSIFICATION OF THE RECORD. 
 
 Accordingly, before the Electoral Commission, Mr. Morton moved that the votes in certificate 
 No. 1 (the objections to which, it will be observed, stated nothing as against the form of that certi- 
 ficate, and were doubtless drawn to apply to No. 3, and not to it), be counted, and limited his mo- 
 tion to certificate No. 1. And when, later, the record of the proceedings in Congress and before 
 the Electoral Commission came to be made up, this formally correct but forged certificate was, in 
 fact, wholly suppressed, while a second copy of the genuine but defective certificate was inserted in 
 its place. That is, the record declares that there was before the Congress, and by it referred to the 
 commission, and there considered, the Democratic certificate and the genuine but defective cer- 
 tificate of the Republican electors, and no others, the latter in duplicate, once by the name of No. 1, 
 and later by the name of No. 3. Whereas, it is altogether certain that this was not the fact, and 
 altogetoer probable that the prints which were before the Electoral Commission were a print of the 
 Democratic certificate and two prints of the forged Republican certificate, and of these alone, and 
 that nothing whatever was considered or acted upon by the commission or Congress but these, 
 and that, instead of it being the fact, as these records state, that Congress and the commission 
 had before them two prints of the genuine but defective, and no other Republican certificate, there 
 Avas before them, and really considered by them, only two prints of ihe regular but forged— and of 
 no other Republican — certificate, and that neither Congress nor the commission ever had an oppor- 
 tunity to or did consider the defects of the genuine certificate at all (Electoral Count, 420: Electoral 
 Count, 205-7,208-11; Pro. Electoral Com., 292). 
 * 
 
 NOT ACCIDENT, BUT DESIGN. 
 
 An attempt was made to explain this error in the record, on the ground that the printed copies 
 of the certificates had become accidentally intermixed. Mr. McKenney says that when Mr. Mur- 
 phy, the compiler of the volume known as "The Electoral Count," and stenographer of the com- 
 mission, applied to him for copies of the Louisiana certificates, he took from each of the three 
 pockets in which he had received the prints of these Republican certificates from the printer one 
 print, and gave them to Mr. Murphy; and that when, the following year, he learned that a mistake 
 had occurred, he went to these pockets and found that the certificates had become intermixed, 
 different ones having gotten into the same pocket. Such a mistake might have happened accident- 
 ally once, although m setting up the type from such copies it would be almost unavoidable that 
 attention should then have been called to it; but, unfortunately for the theory of mistake, there were 
 two separate reports of the electoral proceedings printed: one, this book of '* The Electoral Count," 
 and the other the "Supplement to the Congressional Record," which was first prepared. Mr. 
 McKenney made up the matter himself. Mr. Murphy did notice, in making up the matter for the 
 Electoral Count, that the two Kellogg certificates, " 1" and " 3," were identical, and he took this as 
 evidence of the correctness of the printer, supposing " 1 " and "3 " to be duplicates of the same 
 certificate. In both books precisely the same error occurs, and in both the revised but forged Louis- 
 iana Kellogg certificate is suppressed . The chances against this having occurred once by accident 
 would be six to one; against its having occurred twice, thirty-six to one; quite independent of the 
 additional improbability arising from such a mistake not having been noticed in the office of the 
 public printer on either occasion, and having been discovered only after the forgery was known and 
 this examination was instituted. 
 
 Whether the genuine electoral certificate from Louisiana was so fatally defective that its vote 
 could not have been received, or not, the parties in interest were entitled to the judgment of the 
 commission upon this, and that judgment they never had. Instead, the certificate which was passed 
 upon of the votes for Hayes and Wheeler from Louisiana was a certificate made after the law day 
 when the electors were functi officiis, and therefore of no validity. But were this otherwise, it was 
 still a forged certificate ; whether of two or more electors is immaterial. As to two electors, at 
 least, there never was before the commission for consideration any vote from Louisiana at all. 
 So that, absolutely, Mr. Hayes was counted into office at most upon 183 votes, and the declaration 
 of his election is the result of this imposition upon the commission and Congress, or, at h-ast, upon 
 those members who were not informed upon the subject of the two forged votes attached to a list 
 perfect in form. 
 
 THE FORGERY KEPT SECRET. 
 So entirely secret was not only the forgery but the post execution of the second set of electoral 
 certificates kept, that except to certain Republicans nothing was known of it until more than a year 
 after the session. By accident the forgery of Levisee's name became known, and in the inquiry which 
 followed we have only been able to learn what could be obtained from persons connected in some 
 way with the forged certificates and open to suspicion of participation in or knowledge of that 
 fraud. 
 
324 ELECTORAL FRAUDS IN THE LATE PRESIDENTIAL ELECTION. 
 
 Of these persons Kellogg became Senator of the United States, Burch remained Senator of 
 Louisiana, Brewster surveyor-general, and Joseph captain of police ; Conquest Clarke became 
 first-class clerk in the Treasury Department, Hiil storekeeper, and Anderson collector. And after 
 this inquiry \\ as begun, and tlie forgery became known, of the remaining persons naturally sus- 
 pected of some connection with it, Marks was made collector of iuternal revenue, Levisee special 
 treasury agent, and Sheldon counsel for Mr. Sherman. It is also signilicant that Howard, 
 McKenner's deputy, was appointed to a place in the Post-Office Department on Senator Morton's 
 recommendation. So long as Kelly kept silence no provision was made for him, but so soon as it 
 was known that his dissatisfaction with Mr. Hayes' action had made him speak, he was convoyed 
 to Was^hington by a Senate employee and cared for by friends unknown to the committee until he 
 could testify that the forgeries were committed by a man who was dead (Kelly, La., 568). 
 
 Levisee's appointment was especially significant. Having, like Joflfrion, been absent, he neither 
 joined in nor knew of the second set of certificates or their forgery, and so had no claim to a place. 
 But when, after the forgery became known, Kellogg denied that he had informed Levisee of the 
 forgery during the sitting of the commission, and enjoined him not to speak of it, and Levisee was 
 sent for to testify as to that, he failed to appear ; and it turned out that he had in the meantime 
 been appointed special agent of the treasury by Kellogg's procurement, and your committee have 
 not since been able to secure his attendance (Kellogg, 711, 679-85 ; P. 1468 ; P. 785). 
 
 KELLOGG AND CLARKE PRIVY TO THE FORGERIES. 
 
 Of course these signatures did not forge themselves ; nor would any person have committed so 
 grave a crime, except under some strong inducement, There was nothing in the position either of 
 Kelly, the negro doorkeeper, or of Blanchard, the executive clerk— the subordinates charged with 
 this crime— to induce them of their own volition, without the knowledge or request of Kellogg, 
 to stand for and forge the names of the absent electors. It is, besides, physically as well as morally 
 impossible that these eighteen forgeries could have been committed without coming to the notice 
 of Kellogg, wh ) ordered and joined in, and Clarke, who was charged with the execution of the 
 papers. Both knew Levisee and JofErion were absent : both were necessarily anxious about their 
 arrival, and neither could have escaped knowing of their entrance into the State House, then gar- 
 risoned. 
 
 Kellogg's guilty participation in the execution of this paper, upon which, as he testifies, Ander- 
 son told nim Ferry said the presidential election depended, is manifested throughout— by his send- 
 ing for the electors privately; by his secret conference with and direction to them as they arrived; 
 by'hls false declaration to Sheldon, that Levisee and Joff"rion had come; by his going in the after- 
 noon to the private upper room, to see if Brewster had arrived ; by his waiting there until he did 
 arrive, and until the papers were enveloped and sealed; and by his then taking the papers from 
 Clarke, and forwarding them by Hill? (Kellogg, 673.) 
 
 Brewster was the last >\ho signed ; the forged signatures had been supplied before he came. It 
 is impossible that Clarke might have stepped out of the room to allow Kelly or Blanchard, or who- 
 ever did forge them, to do so; but it was impossible that he could subsequently put up, or that 
 Kelly could see him put up the papers without seeing that the signatures of the absent mm had 
 been supplied. Equally impossible for Kellogg to have signed his name at the last moment on the 
 sealed envelopes without noticing the forged signatures of the absentees just below the place 
 where he was signing. 
 
 The icrnorance orindifference asserted by the persons charged with the execution ^of the ^e pa- 
 pers, and who were bound to know, and must have known about these forgeries, confirmf their 
 guilt. 
 
 We are without a reasonable doubt that at least eighteen signatures to the second set of electoral 
 certificates from the state of Louisiana were forged on the afternoon of the 29th of Deceinber, 
 1876, in the State House at New Orleans, and that William Pitt Kellogg, first Republican elecfv^r at 
 large and governor of the state, and now a Senator of the United States, and H. Conquest Clarke, 
 his private secretary, now a clerk in the Treasury Department, were privy and accessory to such 
 forgeries. 
 
 IV. 
 
 DANGER OF RETURNING BOARDS. 
 
 When the Democrats recovered control of Louisiana they abolished the returning board, and there 
 no longer exists in the United States any tribunal having discretion to receive or reject at pleasure 
 the votes cast. No such body ought ever again to be permitted. If the wisdom of the fathers and 
 the experience of free government have settled anything, it is the necessity of keeping the functions 
 of judging and of administering the laws separate. No tribunal ought to be clothed with such a dis- 
 cretion ; no persons ought to be intrusted with absolute powers upon the exercise of which the suc- 
 cess of their own party and their own power and that of their friends depend. Such discretion 
 cannot fail to be debased and abused, and the abuses will be greater as the temptation is greater 
 and as the irresponsibility of the oftlcials increases. It is idle to talk of free government where 
 the people are not permitted to choose, or where their choice is ignored or disregarded by the cus- 
 todians of the people's power. 
 
 AND OF FEDERAL INTERFERENCE. 
 
 Nor can the danger of interfering in local election by Federal troops, whether to protect officials 
 in the exercise of discretion or to coerce citizens or to aid voters, be overrated. If an election can- 
 not bo conducted without foreign troops to protect the men who vote and the men who count, there 
 should be no election. Military used to protect those who count and those who vote, will prove to 
 be military used to put down liberty under the guise of protecting it, and to be the more dangerous 
 because of its disguise. 
 
 AND FROM FEDERAL PATRONAGE. 
 
 But behind all these dangers remains the fundamental danger resulting from the centralization 
 of all appointments to office in the President. In no government in the world is so vast a patronage 
 
ELECTORAL FKAUDS IX THE LATE PRESIDENTIAL ELECTIOX. 325 
 
 dependent on the absolute control of a changing Executive. If the Executive were permanent ; if 
 the patronage were distributed; or if the tenure of office were in any way fixed by law, the evil 
 ■would be lessened. But now at the end of each four years the entire Federal patronage— amounting 
 to one hundred and ten thousand offices— is collected in one lot, and the people divide themselves 
 into two parties, struggling, in name to choose a President, but in fact to control this enormous 
 patronage, which the President when elected is compelled to distribute to his party, because he was 
 elected to so distribute it. 
 
 The temptation to fraud, to usurpation, and to corruption thus created, is beyond calculation. A 
 prize so great, an influence so powerful, thus centralized and put up for contest at short recurring 
 periods would jeopard the peace and s jfety of any nation. 
 
 The election of a President would never lead to the effort and struggle and bitterness with which 
 it is now attended, nor be followed by any question as to who was really the choice of the people, 
 nor be the subject of any attempt to defeat their will, but for the offices within his gift. 
 
 No nation can withstand a strife among its own people so general, so intense, and so demoraliz- 
 ing. No contrivance so effectual to embarrass government, to disturb the public peace, to destroy 
 political honesty, and to endanger the common security" was ever before invented. Its existence in 
 this nation was not designed, but was the result of a national growth and centralization, which the 
 fathers could not foresee, and failed therefore to provide against. Every jirinciple upon which they 
 founded government, every practice which they inculcated, demand of us in some way to break up 
 this system, and by removing the evils remove also the dangers with which it threatens us. 
 
 RECAPITULATION. 
 
 To recapitulate then : 
 
 First. The power to appoint electors of President and Vice-President for the state of Louisiana 
 was legally and constitutionally vested in the people thereof. 
 
 Second. This power was duly executed in 1876. On the day, in the manner, and at the places 
 prescribed by law, the ballots of the people were taken and counted ; showing a clear majority of 
 seven thousand for the Tilden electors in Louisiana. 
 
 Third. This majority Avas wholly made up of voters, legally qualified ; their right to vote being 
 subjected to the scrutiny of hostile registrars and commissioners, appointed by their enemies for 
 every polling place. 
 
 Fourth. The election was free and peaceable. There is no proof or pretense that intimidation 
 was practiced on the day of election. 
 
 Fifth. Nor were the people prevented by intimidation, or any cau«e, from assembling at the 
 polls. All allegations to the contrary are effectually disproved by the undisputed fact that the vote 
 was larger in proportion to the population than at any previous election ever held in the state- 
 larger than in most of the other states where elections were held the same day, and where every 
 exertion was made to bring out the last man. 
 
 Sixth. The Tilden electors were thus " duly appointed " by the people who alone had the right 
 and power to appoint. This thing was not done in a corner ; it was seen and known of all men. 
 The act of appointment was immediately placed on the public records of the several parishes. This 
 fact is as indisputable as any other in history. 
 
 Seventh. The legal, just and constitutional effect of this appointment upon the presidential 
 election cotdd be avoided only by falsifying the act of the people; that is to say, by altering the 
 election returns in such manner as to make them appear like an appointment of other persons 
 instead of those who in truth and in fact were appointed. This was the crime hy which the authority 
 and will of the people were defeated in the case under consideration. A crime— considering the 
 extent of the corrupt combination required to carry it through, the vast chain-work of frauds, fiilse 
 pretenses and perjuries connecting it together, and the magnitude of the rights prejudiced by it— 
 of the highest magnitude. 
 
 Eighth. The agents of the Republican party sent into the state to get its electoral vote for Mr. 
 Hayes, were among the ablest and most conspicuous men in their organization ; they were desig- 
 nated for this service by the then President, and many of them were known as the intimate friends 
 of his successor. These men, notwithstanding that the Tilden electors had been fairly, peaceably 
 and legally chosen by a large majority of the people at a full poll, encouraged, by their presence, 
 the fraud, falsehood and crime by which the vote was used to elect Mr. Hayes. They affected to 
 believe that the returning board had legal and constitutional power to set aside the appointment 
 made by the people, and make another appointment themselves; they pronounced the warmest en- 
 comiums on members of the board who bore characters notoriously bad; and they distinctly re- 
 fused to unite with the Democrats in an effort to have an honest count made of the votes actually 
 cast and legally returned by the proper officers of the election. 
 
 Ninth. No direct evidence has revealed what bargain was made in words or in writing with mem- 
 bers of ihe so-called returning board ; but we cannot doubt that they did their corrupt work with 
 the understanding that they should not only be protected against public justice, but rewarded for 
 tiuir villainy. This pledge has been kept. When Wells and Anderson were indicted, Federal 
 cliicers at Washington interfered with the administration of state law at New Orleans ; and those 
 same men and the others who gave their active assistance to the perpetration of the fraud have 
 been quartered on the public treasury, and the people whom they have defrauded are made to pay 
 them for their crimes. 
 
 Tenth. All the foregoing propositions of fact apply nomine mutato to Florida, as well as to Loui- 
 siana. 
 
 The majority in the former state was not so large as in the latter, but it was decisive and well at- 
 tested. The appointment made by the people was frustrated and altered in a like way under the 
 instiration of " visiting statesmen " of the same class, and was followed by similar reward. 
 
 The fraud was aggravated in Florida because the canvassing board had no power under their stat- 
 ute but that of mere clerks, and their Supreme Court had expressly so decided ; and because all the 
 departments of the state— judicial, legislative and executive— protested against their action as not 
 only false, but a mere usurpation. 
 
 The necessary effect of a successful and prosperous falsification of the choice of the people for 
 the Chief Magistracy of the country, is to tempt all those who profit by the wrong, and those who 
 suffer by it, to adopt the like corrupt methods on future occasions. 
 
326 ELECTORAL FRAUDS IN THE LATE PRESIDENTIAL ELECTION. 
 
 CONCLUSION. 
 
 Finally we report : 
 
 First. That due effect was not given to the vote of electors appointed by the state of Florida at 
 the presidential election of 1876, by reason of false and fraudulent returns for the said electors by 
 the canvassing board of that state, whereby the choice of the people of that state was annulled and 
 reversed, and that the action of the board of state canvassers in making the returns was coun- 
 tenanced and encouraged by, among others, the Hon. Edward F. Noyes, who has since been ap- 
 pointed the minister for this country to France. 
 
 Second. That due effect was not given to the vote of the electors appointed by the state of 
 Louisiana at the presidential election of 1876, by reason of the false and fraudulent action of the 
 returning board of that state, whereby the choice of the people of that state was annulled and re- 
 versed, and tl.at the action of the returning board was countenanced and encouraged by, among 
 others, the Hon. John Sherman, who has since been appointed Secretary of the Treasury. 
 
 Third. That a conspiracy existed in the state of Louisiana, whereby the Republican vote in all 
 the precincts of the parish of East Feliciana and in some of the precincts of West Feliciana at tlie 
 general election in November, 1876, was purposely withheld from the polls to afford a pretext for 
 the exclusion by the returning board for that state of the votes cast in those precincts for electors 
 for President and Vice-President. 
 
 Fourth. That the signatures of two of the electors to the second Republican certificate of the 
 electoral vote of the state of Louisiana returned to Congress and referred to the Electoral Com- 
 mission were forged; and that William Pitt Kellogg, then governor of that state, and now a Senator 
 of the United States, and H. Conqust Clarke, his private secretary, now a clerk in the Treasury 
 Department, were privy to such forgery. 
 
 Fifth. That Samuel J. Tiklen and Thomas A. Hendricks were, and Rutherford B. Hayes and 
 William A. Wheeler were not, the real choice or a majority of the electors duly appointed by the 
 several states and of the persons who exercised and were entitled to the right of suffrage at the las 
 general election in the United States. 
 All of which is respectfully submitted. 
 
 CLARKSON N. POTTER. 
 WILLIAM R. MORRISON. 
 EPPA HUNTON. 
 WILLIAM S. STENGER. 
 JOHN A. McMAHON. 
 JOSEPH C. S. BLACKBURN. 
 WILLIAM M. SPRINGER. 
 
TREASURY BOOK-KEEPING. 327 
 
 TREASURE BOOK-KEEPING. 
 
 FORCED BALANCES. — THE PUBLIC DEBT DOCTORED. — DISBURSEMENTS INCREASED. 
 RECEIPTS DECREASED. — ERASURES AND MUTILATIONS. — PENSION ACCOUNT 
 CROOKEDNESS. — THE SECRETARY VIOLATES THE LAW. — FICTITIOUS WARRANTS 
 DRAWN. — MILLIONS UNACCOUNTED FOR. 
 
 Senator Henry G. Davis of West Virginia, having stated several times in tlie 
 Senate that the various reports from the Treasury regarding the financial condition 
 of the government did not agree, a committee of investigation was raised by the 
 Republican Senate, and continued by the Democratic Senate, The investigation 
 fully sustained every statement that had been made by the Senator, and it is a 
 matter of importance that as to the facts in the evidence the majority and minority 
 reports virtually agree. The majority report submitted by Senator Davis makes 
 clear the fact of great discrepancies in the figures on the books of the department. 
 
 The system of 
 
 FORCED BALANCES 
 
 was to increase the amounts of previous years in the reports of five and six years 
 subsequent, and thus, by the mere insertion of false amounts, make the books 
 balance. For instance : 
 
 In the report of 1870 the expenditures for pensions are stated for 
 the year 1864-65 at $16,347,621 34 
 
 In the report of 1869 the same expenditures in the same year are 
 statedat .. 9,291,610 48 
 
 Showing an increase in the report of 1870 over the figures in the re- 
 port of 1869 of _ 7,056,010 86 
 
 The annual treasury report for 1870 gives the expenditure for pensions for that 
 year at $28,340,302.17, while four years later the annual report states the expendi- 
 tures for 1870 at $28,402,241.20, or $62,039.03 more than the amount given in the 
 report for the year in which the expenditure was made. In this manner the 
 treasury books and reports show discrepancies in the expenditures of nearly all 
 the departments of the government. In the report of 1869 the War Department 
 is charged with $599,298,600 for the year 1863. Two years later, or in the report 
 of 1871, the War Department is charged with over four million dollars more for 
 the year 1863 than it was in the report of 1869. A discrepancy of over two mil- 
 lion dollars occurs in two statements of the expenditures of the Indian Depart- 
 ment for 1863. A difference of fifty-eight millions in the loan and treasury 
 notes for 1863 is found between the report for that year and the report of 1870 for 
 the year 1863. 
 
 In every instance the difference is in the shape of an increase in after years, 
 which increases were found necessary to make the books balance. While this is 
 the fact regarding the disbursements of money the rule is made to work equally 
 
328 TKEASUKY BOOK-KEEPING. 
 
 well in the receipts. Disbursements are increased and receipts decreased. 
 All these facts are taken from the official reports of the Treasury, and are not the 
 result of any computations other than the simple comparisons to be seen at a glance 
 in these reports. This is the manner in which 
 
 THE revenue diminishes, 
 
 as time gives it a perspective view. 
 
 Report for 1866 states net revenue collected for 1864. $264,626,771 60 
 
 Report for 1870 states net revenue collected for 1864 262,742,854 32 
 
 Showing a decrease of 1, 884,417 28 
 
 In 1870 there was need of a large amount to make a balance, and the annual 
 report for that year displays the net receipts of revenue for the year 1865 to have 
 been over ten millions less than the report of 1803 gives the revenue for the year 
 1865. This vast amount is totally unaccounted for in the books of the Treasurer, 
 Register, and of the Secretary of the Treasury. No explanation could be given 
 by the witnesses called, and not a marginal note could be found in the books to 
 relieve the anxious searcher of the hole through ^vhich the ten millions disap- 
 peared. The letters of the Commissioner of Pensions of July 25th, 1876, for the 
 eleven years ending with 1870 show the amounts paid during those years for 
 
 ARMY AND NAVY PENSIONS 
 
 to have been $129,391,228.38. The Secretary's finance report for 1870, page 30, 
 gives the expenditures for the same purpose and same years $143,540,493.44, or 
 
 THIRTEEN MILLION FIVE HUNDRED AND FIFTY-FOUR THOUSAND FOUR HUNDRED 
 
 AND NINETEEN DOLLARS AND EIGHTY-NINE CENTS more than the Commissioner of 
 Pensions reports. The Treasurer says the Commissioner received $13,554,419.89 
 more than the Commissioner officially says he received. 
 
 There are millions of dollars difference between the Secretary, Treasurer, and 
 Register as to cash in the treasury at the end of fiscal years. It is a fact that the 
 statements of the Secretary, Register, and Treasurer all differ widely at the end of 
 fiscal years between 1860 and 1870 as to cash in the treasury, interest paid, 
 receipts and expenditures, and the amount of the public debt. No explanation is 
 given by the minority report or the treasury officials. 
 
 The annual reports of 
 
 THE PUBLIC DEBT 
 
 from 1835 to 1869 are, in the year 1871, practically thrown aside. In 1871 and 
 subsequent years the statements of the public debt for these years by some magical 
 power is changed, and all the previous reports for thirty-five years are abandoned, 
 or at least sought to be abandoned. In some years, according to the new order 
 of things, there is an increase and in other years a decrease in comparison with 
 the reports that were made from year to year during all this time. The reports of 
 1869 and previous years show aggregate of the annual statements of the public 
 debt at the end of 1869 to be $19,973,622,423.71. But under the new dispensation 
 of 1871, the report for the same years brings the debt up to $20,221,399,098.42, or 
 
 TWO HUNDRED AND FORTY-SEVEN MILLION, SEVEN HUNDRED AND SIXTY-SIX 
 THOUSAND SIX HUNDRED AND SEVENTY-FOUR DOLLARS AND SEVENTY-ONE CENTS 
 
 more than it had been reported. It is a significant fact that during the years 1867 
 and 1868, preceding Grant's election, the first time the new report shows a decrease 
 in the public debt, but in the j-ears 1809 and 1870 the debt suddenly increased 
 $193,000,000. The examination of these debt statements shows how regularly they 
 were 
 
TUKASUKY UOOK-KEEIMNG. 
 
 329 
 
 MANIPULATED ABOUT ELECTION TIMES. 
 
 After tlie election the debt, as in 1869 and 1870, is forced up to cover the 
 forcing down process that preceded the election. But there is no such covering 
 up process to account for the marvelous and sudden increase of over two hundred 
 and forty-seven millions in the year 1871. A new table of expenditures in the 
 report of 1871 is also brought into service, and past reports discarded • 
 
 Increase of expenditures in report of 1871 as compared with report of 1869. 
 
 Year. 
 
 Military 
 service. 
 
 Pension!?. 
 
 Indians. 
 
 Na^nl fotab- 
 libuUieat. 
 
 Total 
 
 1860 
 
 $2,000,000 00 
 
 
 1 1 
 
 
 ]86-^ 
 
 
 $104,546 10 
 
 2,1)75,706 35 
 
 91,678 17 
 
 92.395 81 
 
 48,664 76 
 
 
 
 1863 
 
 4,015,810 99 
 
 
 
 $50,130 04 
 
 
 1864 
 
 $5,840 73 
 
 7,056.010 86 
 
 197 53 
 
 
 18'>5 
 
 
 49,657 95 
 
 
 1866 
 
 
 
 
 
 
 ■ 
 
 Total.... 
 
 Increase: 
 
 Military serv 
 Pensions . . 
 
 $6,015,810 99 
 ice 
 
 $7,061,949 12 
 
 $2,412,991 19 
 
 ' $99,787 99 
 
 
 
 $6,015,810 99 
 7.0Q1,949 12 
 2,412,991 19 
 
 99,787 99 
 
 
 
 
 
 Indians 
 Maval establ 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 Total. 
 
 I $15,590,539 29 
 
 ERASURES AND MUTILATIONS. 
 
 To make the new statements which began with the report for 1871 consist with 
 books of former years, the books of former years were scratched and made almost 
 a new set. 
 
 On the question of alteration, changes, and erasures of the Treasury books, 
 William Woodville testified : 
 
 Q,. Did you find upon those bo-^ks alterations or errors or erasures in figures ? 
 
 A. Yes, sir; I found alterations, scratches, canceled warrants. 
 
 Q. To what extent? 
 
 A. In the Treasurer's books from 1860 to 1867, inclusive, the alterations, scratches and canceled 
 warrants amounted to about twelve hundred in round numbers. 
 
 Q,. Twelve hundred different alterations ? 
 
 A. Alterations, scratches, and canceled warrants, anything like a change from the original 
 amount. 
 
 Q. Just explain generally what you found upon the books in regard to erasures or alterations of 
 fig'ures ? 
 
 A. Amounts scratched and new figures substituted. 
 
 It will be seen from the above that the testimony shows on the Treasury books 
 between 1860 and 1867 in round numbers twelve hundred alterations, changes, 
 erasures, etc. , affecting amounts ranging from a few dollars to many millions. 
 Mr. Saville, former chief clerk of Treasury Department, answered : 
 
 Q. Do you think it would be good book-keeping to carry erasures into the ledger ? Of onur.se a 
 ledger is made up from the day-books and journals, and do you think it would be good book keeping 
 to make "lots " of erasures and alterations^, as you expressed it, iu the ledgers ? 
 
 A. 1 should not call it good book-keeping. I would not employ a book-keeper who did much of it^ 
 
 On the same point let us read from Mr. Gentry's testimony, page 174 : 
 
 John W. Gentry sworn and examined. 
 
 By the Chairman : Q. Have you made a careful examination of certain ledgers of the Register 
 and Secretary of the Treasury ? 
 
 A. I have. 
 
 Q. You selected one of the number that you have examined as an example of all that you 
 examined ? 
 
 A. I did of those mentioned in this statement. 
 
 Q. Is the statement before you the statement you wish now to offer as being a correct statement 
 of the erasures and apparent alterations on the books you examined ? 
 
 A. It is. 
 
 He had examined nine ledgers ; three from the Register's office and six from the 
 
330 TREASURY BOOK-KEEPING. 
 
 office of the Secretary of the Treasury. In all he found 2,527 erasures and appar- 
 ent alterations, and these changes involved amounts ranging up to twenty million 
 dollars. These books are the great ledgers of the Treasury Department, The 
 erasures in the day books and journals were so numerous that they were not com- 
 puted. Major Power, the chief clerk, testifies that no scratcli should appear on 
 the ledgers. Mr. Saville, another clerk at the head of a Bureau, says he would not 
 etain a book-keeper who made changes on the ledgers. Yet there are thousands 
 on the books, and no one can tell who made them or why. 
 On the subject of 
 
 LEAVES CUT OUT 
 
 of the books, William AVoodville says : 
 
 Q. Do'3'ou know of an}'^ leaves being entirely out of the books, that appeared to have been cut out? 
 A. Yes, sir. In the beginning of the v^ar some of the Treasurer's accounts are that wav, abaut 
 1801 and 1862. 
 Q, In how many instances ? 
 A. Two— four leaves in one case, and. five in the other. I can produce the books if you wish. 
 
 This shows that not only changes, etc., in amounts have been made, but that 
 entire leaves are out of books and cannot be accounted for — no one can tell what 
 amounts they affected, why the leaves were cut out, or what became of them — it 
 has not been explained. 
 
 The minority report admits the above and says : 
 
 Numerous alterations and erasures upon the books of the Secretary, Treasurer, and Registerwere 
 discovered, and in some imstances entire leaves were found to be cut or torn from some of the books. 
 
 Major Power testifies that to examine the debt statement carefully to find errors,. 
 
 if any, for a year during the late war, would require four or five clerks a year. On 
 
 the same page we find the following : 
 
 Q. Going into the warrants and transactions of the government to show whether or not there 
 were errors in the accounts ? 
 
 A. To not go beyond the stated accounts as stated and certified by the Comptrollers, it would not 
 be a task of much difficulty. It would take four or five years. 
 
 Q, For how many clerks ? 
 
 A. With a corps of seven or eight clerks. 
 
 Thus it appears that this experienced officer of the Treasury Department testi- 
 fies that it would take seven or eight clerks four or five years to examine carefully 
 the accounts of the government between 1860 and 1870. Notwithstanding this th^ 
 testimony is that a new and inexperienced clerk examined the books from 1833 to 
 1870 in four or five months, and upon that examination wholesale changes were 
 made. Mr. Bayley, a clerk in Treasury Department, testified that he was a new 
 clerk, and the first work he did in the department was to make up statements. 
 
 THE SECRETARY VIOLATES THE LAW. 
 
 In chapter 6, section 313 of the Revised Statutes it is provided that the Register 
 of the Treasury shall be the official book-keeper of the Treasury Department. The 
 testimony taken by the committee, which was altogether that of treasury officials, 
 was all to the effect that sixty days was enough time to close and correctly state 
 all accounts, yet many alterations have been made after accounts had not only been 
 closed, but had years before been reported to Congress. lu 1871 the books of the 
 department were the most subjected to forced entries and balances. The Register 
 of the Treasury was the official book-keeper yet in 1871 the public debt was 
 increased a quarter of a million and the official book-keeper was compelled to yield 
 his official statement of the debt. Here is how it was done : 
 
 Register Scofleld, on page 5 of the testimony, was asked the following questions, 
 to which he gave the answers stated : 
 
 Q. You Hpeak of an order from the Secretary to the then Register, who I believe was Mr, Allison, 
 
TREASURY BOOK-KEEPING. 331 
 
 to make the changes you have referred to in this debt statement. Will you give the committee- 
 that order ? A. Yes, sir; this is the original order, and I will hand you a copy. 
 
 Q. Read us the original. A. I will. 
 
 " Treasury Department, November 24, 1871. 
 
 " Sir- I have to request that the statement of the public debt on the Ist day of January in each 
 of the years from 1791 to 1842, inclusive, and at various dates in subsequent years, to July 1, 1870, 
 as printed on page 276 of the finance report for 1870, may be omitted from your tables in the forth- 
 coming reports, or else that it be corrected to conform to Table H on page 25 of the same report for 
 the same year. 
 
 " This request is made in consequence of a letter from the Assistant Secretary of the Treasury, 
 now in London, who complains that these different tables are frequently referred to in England, 
 and the discrepancies between them constantly and unfavorably commented upon. 
 
 " The table found on page 25 is, I believe, as nearly correct as the examination of the accounts up 
 to the present time will enable it to be made, though I am under the impression there will be some 
 changes necessary in order to make it absolutely reliable. 
 
 " Very respectfully. "J. H. SAVILLE, Chief Clerk. 
 
 " Hon. John Allison, Register of the Treasury." 
 
 This letter is indorsed : "Secretary of the Treasury; chief clerk; 24,171. Asks statement of the 
 public debt may be made to correspond with statement made in Secretary's office. Memorandum. • 
 As published for the fiscal year ending June 30th, 1871, the statement is the same as the Secretary's. 
 
 George S. Boutwell, of Massachusetts, was the Secretary of the Treasury who 
 ordered these changes. As soon as Boutwell came into the office, in 1869, he began 
 his peculiar manipulations of the accounts of the government finances. 
 
 Major Power tells us that the Secretary and Register, previous to 1870, agreed 
 
 as to the amount of the public debt and the receipts and expenditures, and that 
 
 they substantially agree since 1871 ; and that the changes and alterations took 
 
 place between 1869 and 1871 ; and that there were none before and have been none 
 
 since. He was asked : 
 
 Q,. Do I understand that you could not make a correct debt statem<^nt commencing with 1833 and 
 coming to 1870 by issues and redemptions ? A. I could do it. 
 Q. Would it be correct ? A. It would be correct. 
 
 This shows that the present chief clerk of the Treasury Department thinks that 
 a correct statement of the public debt could be made up from issues and redemp- 
 tions. If so, why in 1870 introduce a new system which changed and increased 
 the public debt and the expenditures ? There must have been a cause for it. Let 
 those who made the changes explain. 
 
 Before 1869 the 
 
 PACIFIC RAILROAD INDEBTEDNESS 
 
 was a part of the regular statements of the public debt. After that it was dropped 
 out. 
 
 This shows two important facts : First, up to and including 1869 what is 
 known as the Pacific Railroad debt, amounting to about $58,000,000, was in- 
 cluded in the debt statement of the Secretary, but was dropped out in 1869. 
 Second, if it had been included, instead of the Secretary's statement of 1870 
 increasing the debt $94,000,000, the increase would have been $151,000,000. 
 
 Major Power testifying regarding the issuance of bonds says : 
 
 Q. An order coines from the treasurer's office to the loan branch of the secretary's office to 
 issue a bond for $1,000 ; the loan division directs a two-thousand-dollar bond to be issued instead 
 of one-thousand-dollar bond, which the treasurer directed to be ordered. That order goes to the 
 register^ I understand The register issues a two-thousand-dollar bond, and it comes back to the 
 same office that ordered it for the seal ; that office puts the seal on it and the bond then goes back 
 to the rogister for delivery ? '^ 
 
 A. That is the practice. 
 
 Q. Then there is no check outside of that particular office as to whether or not the bond was a 
 one-thousand-dollar or a two-thousand-dollar bond ? 
 
 A. I believe not. 
 
 William Fletcher, chief of the loan division, and Treasurer Gilfillan, each agrees 
 with Major Power, that there is little or no check on the loan division in issuing 
 bonds. 
 
 The bonds ought to be sent to the treasurer to see if the money received agrees 
 with the amount named in the bond. The minority report of the Senate commit- 
 tee says: 
 
332 TREASURY BOOK- KEEPING. 
 
 The present method of handling securities of the goverment, including notes, 
 bonds, and stamps, would be greatly improved by having all securities pass through 
 the office of the register. 
 
 It does not require any evidence of the officials, which in itself is conclusive to 
 show every citizen that no one really knows the true state of the government's 
 finances. Forced balances have been made amounting according to the official 
 records to over $300,000,000. 
 
 THE FICTITIOUS WARRANTS 
 
 for these amounts, the chief of the warrant division testifies, are not on file. Many 
 of them were no doubt merely drawn up as part of the formula by which balances 
 were forced, but why should they disappear from the archives of the treasury? 
 If all this vast sum was merely figures used to balance the books, why not keep the 
 warrants? If all was not for this purpose, some of the warrants w^ould be interest- 
 ing reading. So it is that the people are in utter darkness as to the financial con- 
 dition of their country, and will continue to be so until a new set of men can ex- 
 amine the books and learn the truth. 
 
-rnpt the treasury. Here it is. [Holding it up.] " " "'"" "''' ^'''"^ •-" "**"*'- 
 
 To begin with, the very first we find on the Hst is a claim from tlie loval Rf«f a nf p«T,r,„^+- ^ * 
 $8 655, first introdnced into the Republican Forty-tWrd CongTe s by M^ Ke loX a K hH.Vrf f 
 and next on he list is a claim for S5,000 from the state of New Jersej^ The nfk? cZp? ?rnJ 
 Tennessee ; there is not a claimant from that state who is not a loyal man Then therS /^ « n^S 
 from Pennsy vania-the state from which our Speaker comes. Then comes New York- • pnH^'Jh'"' 
 
 flfr'^ w"«1'h'^''?>,*'^^"*y1r;^^^^^"?'' ^";" ^ ^'^"^^h, and, as I learn fromSy friend from Mat and 
 [Mr. Walsh], they are all the claims of oyal men. Then comes Virainin Th^TfrJ^J ^ Maryland 
 lina, which i^s a little claim, but North Carolina has been ve?3'modSr^^^ this resne™ ^Th?n O^n 
 <:omes for one-fourth of a steamboat. Then comes Pennsylvania for «22 027 ^ S fH.J ..^ P^^^ 
 state of Kentucky, with a long array of these claims 3thSw I fj^Vi si -^^^^^ *'^® ^^^^^ 
 fffty-four times on the list, and that claim as I leam from my f e?d nVT? f)n r^in^ i«V' '^P^^*^'^ 
 
 X1o^^LX.=dri^^^^^^^^^^ 
 
 ance in that district and every man I know on D brelfflist was ^Fln^oin, at^'^a % 'f ^^^ acquaint- 
 
 m:^'°''SsXr%z'i'S'£i\fr^r^ ^'^^ *" "'' ^f^'"^'' «■«' '"-^ <='«-» ->»"■" ^ $300,. 
 
 ..Jow, I say that ia such a mistake that it ought not to have gone oat from this hall. All the claims 
 
lv,frrrin,..f 1 1 1? V"^^"".^*'"^^^'"^'^' I Wish to State that in the Forty-third Con^^ress ther? 
 rr-Gen^?aTcoLKa?vTJ:^?,? ^?l^\' ^^f"^' ''' the an,ount of $396391^3; for the Q^I^rterS 
 ino-Vhr f^fo'i ! *^'^^" .^'^^ "^ Subsistence, and Comm seioner of Claims, SI 561 HI 76- mak- 
 
 lal contr%''and''?heVrS-ri^^ $1,959,603^^39. That.wa« a Congress in which our Rcpublicai friend. 
 
 here wa^h, tip Fnrfv f.^^^^^^ before the Committee on War Claims than 
 
 in the Forty f ourUi Con^rP^ tS?"^'^'" Y''f ' "?^ Democrats had control. I will state further that 
 
 Louart^rmX amirfm amounted to $188,015.30, and 
 
 reportedSt Sl^l fiS^^^T^^^^^^ 
 
 thrForty S rnni;S«"!?-.o^i^';^ reported favorably by the Republican committee of 
 
 fourth C^rSreiovef-T«)0,S ^°'°"''^ '"^"'"^"^ ^^ "^" Democratic committee of the Forty- 
 
 dedsion'S*';hTcnnIt«^fip^''''?l Mr Speaker I think it cannot be denied that every law or 
 wMch navnitnf ^TL^f 'iV^-""' T^ ^^ '''''"? "*^ 1''^'^^ Southern claims have been paid, aifd under 
 preted EJ^a Rt nnhbV^n tT^.^' '^^t o^^'^I-ated and enacted by a Republican Congress and inter- 
 
 o tf e Forfv fm rS r^^^^^ ''*,^'''' "^ ^'^^ government since the close of the war prior 
 
 In add.Wfn nniL ''"^'^P^^' ^^Siflative uud executive, having been held by the Republican party, 
 party wk>r to ?S-fi hifl^f l^ii""^ -'i '"^l"^' Payment could be made, we find that the Repuilicat. 
 A nH ^f ?Li?i ^' ?' '^^ actually paid of the Southern claims more than $100,000,000. 
 And It would also appear that the Republican party believed in payin-^ all these claim*. I 
 a leLrTt-his'iiSf: ^'"""''^ '" '^' ^^"^'" "' *^^ United States b^ 'the' late Stor Zrton, 
 anotS rulp'^^.'![f fn T^f any other rnle on tliis subject? We might save some money by making 
 eJSpfVfiLol-r^li^'^r^^.^/Y""''^^^ *^"^ pound-foolish economy. After having 
 
 Xl D irtv rW? 'ST.\Ti ^" ^'"''^' ^^'l ^"''"^ ?. *^^ Union, and after all our labors to build up I 
 Hooro?thpSpn„ p^^^^^^^^^^^ come here making shipwreck in the end by declaring upon tlie 
 
 be treated as nublS onp'n. "^^' men whose hardships and sufferings we can never estimate, shall 
 
 nder whirh Jp wn?^ and that we will not pay them under the same circumstances 
 
 consent to it. '^ ^"^^ ^ ™*'" ^'''' ^''*' ^'''''"S "'^ ^'^"^ property in the North ? I can never 
 
 The bills reported from the Comraitttie on War Claims at the first session of the Forty-third Cou- 
 
WAR CLAIMS. 337 
 
 wrees amounted to the sum of $5,912,790, That was a Republican Congress. The same committee 
 of the Forty-fourth Congress, the first Democratic Congress, at the first session, reported bills favor- 
 ably to the amount of $215,361. The present ' Congress has not paid to exceed $5,000 of Southern 
 claims and payment in these cases was urged y the Republican side of the House. The test case 
 of the'present Congress was the bill for the relief of William and Mary College, of Virginia. 
 The ablest speech made in favor of its payricntwas by a Republican from Massachusetts, and 
 the leading speech against it by a Democrat from Wisconsin, and, strange to say, this case, which 
 has provoked so much debate at this session of Congress and which has acquired such newspaper 
 notoriety, was passed without serious opposition by the Republican House of the Forty-second 
 Congress. 
 
 The Southern Chiims Commission was established by a Republican Congress, and for the purpose 
 of allowing and providing a way to pay, as its name indicates, Southern claims. 
 
 These facts soeak for themselves. Let the people who must pay the taxes judge. For my- 
 self, 1 care not which party advocates the payment of Southern claims ; so long as my voice or 
 vote can prevent their payment in the committee-room or in the House, I shall continue to 
 oppose them. They are of the past, and they should be permitted to remain as an inheritance and 
 warning to evil-doers. 
 
 Senator Hill, speaking on the subject of war claims, said : But, Mr. President, I vote against 
 this bill, because, in my judgment, it is what we call par excellence, a war claim, and I am 
 against the payment of all war claims, * * * unless it be perhaps some 
 
 few exceptions in favor of religious, educational, and charitable institutions; and there are 
 very few even of that character that I will except. I vote against their payment upon principle. I 
 have considered this question very carefully, and for a long time, and to-day is the first occasion I 
 have expressed publicly my views upon the subject, because I did not desire to express them until 
 after careful consideration of the question. 
 
 Now, why do I vote against this claim ? It is, as I have said, emphatically a war claim ; that is, 
 it is a claim for compensation by reason of losses incurred during the war and by act of war. My 
 first reason for not voting for it is that we cannot pay all of this kind of claims. They would bank- 
 rupt the government. It is impossible that the government should be expected to pay all these 
 claims and claims standing on as good footing as this in every respect. 
 
 I think, sir, all parties ought to take this position. It is a little painful to me to see gentlemen 
 of one party seeking to make political capital out of cases of this kind, and the other side protest- 
 ing that it is not right. Why not agree to take some common position, that these war losses cannot 
 be paid ? The government is not able to pay them ; the government ought not to pay them, in 
 view of their peculiar character and the circumstances of the war, and the sooner the people are 
 taught that, the better, and let these constant irritations about the payment of war losses cease. As 
 I said, I might make a few exceptions in favor of religious, educational, or charitable institutions, 
 but I should make very few of that sort. Where the property destroyed was of such a character as 
 to be of great public importance and great public benefit, not only to one section of the country, 
 but to all sections of the country, I should think it would be legitimate and proper as a public bene- 
 fit to pay that kind of loss. There are, I think, perhaps a few cases of that kind, but put them 
 altogether, so far as my knowledge extends, they would not exceed half a million of dollars. 
 
 Mr. President, I am the humblest man in the Democratic p.. rty. That party, after eighteen 
 years of absence, I trust and believe, is about to return full-fledged to power. I think it will ha--- j 
 possession of every department of this government. It certain!'- will have it if we convince the 
 people North and South that we deserve to have it ; for evidently the people are well satisfied that 
 the Republican party does not deserve to be continued in power, and the only question with the 
 people is whether the Democratic party does deserve to be intrusted with power. If I had control 
 of the party, as I have not, and shall never have, if my voice were worth anything, there are four 
 things I would have the Democratic party to proclaim to the worla in most convincing terms and 
 adhere to with unflin -hing fidelity. I would have the party to say : 
 
 1. We will not pay v r losses, loyal or disloyal, unless we make a few exceptions of religious, 
 educational and charitab '■ institutious, and very few of these. 
 
 2. We will vote no moi\. of the public money and no more of the public credit, and no more of 
 the public lands to build up or enrich mammoth monopolies in the shape of railroad corporations. 
 
 3. We will in good faith pay every dollar of the public debt, principal and interest, in good money 
 of the standard value. 
 
 4. We will restore the Constitution to the country and honesty and economy to its administration, 
 confining the general government to its limited, delegated sovereign powers to promote the general 
 welfare, and leaving the states unmolested in the exercise of their reserved sovereign powers to 
 promote the local welfare of the people. 
 
 Do these four things, and, iu my judgment, the child is not bom who will witness the termi- 
 nation of Democratic administration in this country, and the tongue has not been gifted with 
 language that can express the prosperity which will follow to all our people in every section of our 
 country. 
 
838 PRIVATE CLAIMS AGAINST THE GOVERNMENT. 
 
 PRIVATE CLAIMS AGAINST THE GOVERNMENT. 
 
 Mr. Potter, from the Committee on Reform in the Civil Service, submitted 
 the following report, May 18, 1878 : 
 
 By the theory of government the sovereign was regarded as the source of all power. He could 
 not, therefore be liable to his subjects ; for redress, he could be petitioned, but not compelled ; 
 and, as he could do no wrong, every petitioner might expect to have his claim justly considered. 
 
 Accordingly, when our fathers framed this government, they made no provision for suits 
 against it. They provided in the fundamental law that the right of petition should never be 
 abridged, and declared that the government was formed to maintain justice ; but they left those 
 who had claims upon it to petition it for redress. From the beginning, therefore. Congress pro- 
 ceeded to consider the private claims upon the government addressed to it, to satisfy itself of their 
 merits, and dispose of them in its absolute discretion. In those days, with few members and little 
 business, an intelligent consideration of such claims was not impossible ; but as population 
 and wealth and industries increased, the private claims addressed to Congress rose to a number 
 and importance which made intelligent consideration of them by Congress impossible. 
 
 From the nature of things no tribunal can be less fitted to examine and decide upon private 
 claims than the Congress. The organization of the body requires that the consideration of such 
 claims must be first had in committee. The pressure of business is now so great that the claims 
 before the committees are generally allotted for examination to subcommittees of one, or two, or 
 three members. Claimants, therefore, naturally begin by seeking first a favorable committee to 
 which to refer their claims, and next for a favorable selection from that committee to consider 
 them. Evidence is then offered in the form of statements or of ex parte affidavits. There is no 
 answer, usually no personal appearance of witnesses, no cross-examination, no opposing testimony, 
 no inquiry by nor appearance on the part of the government, no general publicity, no check against 
 fraud, and no prescribed rules and regulations for the investigation. Many of the claims are im- 
 pressed with a sectional or party character especially calculated to exclude all judicial fairness in 
 their consideration. 
 
 The evil resulting from the consideration of private claims by Congress, and the injustice and 
 delay done to honest claimants were early observed. 
 
 Sensible of how illy fitted such a body was to maintain the justice for which the government was 
 established, and moved by the example of other civilized nations that had established judicial 
 tribunals to determine the claims of their subjects upon the government, Congress in 1855 
 established a court to take the evidence in respect of all that class of claims that arose out of 
 contract, or were based upon positive law, and to report to Congress the facts found and its recom- 
 mendation as to the disposition to be made of the cases so heard. Subsequently, in 1863, the 
 jurisdiction of this court of claims was so extended as to authorize it to give judgment in the cases 
 heard by it. 
 
 But there still remain large classes of claimants of whose claims no court has jurisdiction. 
 Many of these claims are addressed to the legislative discretion of Congress, a discretion which 
 cannot be relegated to any court, such as claims falling within the principles but not the terms of 
 existing laws. 
 
 How numerous these cases have become may be seen from the fact that of late years the number 
 of private bills alone belonging to the exceptional classes, relief for which rests in the discretion 
 of Congress, amount in a session of Congress to about 2,500, or about five for each day Congress 
 is in session. 
 
 From the nature of these exceptional claims, their final determination must remain with the 
 Congress to whose discretion they are addressed. All that can be done in such cases is therefore 
 to secure a judicial ascertainment of the facts involved. But to do that will be in a very great 
 degree to cure existing evils. When the facts are fairly and judicially ascertained, and an 
 impartial court has given its opinion as to the merits of each claim, we may expect the action of 
 Congress to be as speedy, as uniform, and as reasonable as practicable. 
 
 It IS intended by this bill to provide for the judicial ascertainment of the facts involved in every 
 private claim for which no judicial tribunal has been afforded, and to prohibit the consideration 
 oy Congress of any jirivate claim until the facts involved in it have been so determined. That is, 
 to substitute a court, ascertaining the facts by judicial methods, and reporting the same to Congress 
 with its recommendation in each case, for and in the place of, the committee to whom the examin- 
 ation of such claims is now referred. All the court could judicially ascertain in such cases would 
 be what loss the claimant had sustained by the war, and the circumstances of the loss ; and 
 whether he was loyal. It would be for Congress then to decide if any case of that class should be 
 paid at all. But if such claims are to he paid at all, such a determination of the facts about them 
 would largely reduce the present chance of imposition, deception and mistake ; would expedite 
 the worthy and prevent the allowance to unworthy claimants. 
 
 The following bill— H. R. 5214— is the substitute for the original bill, reported 
 by the committee. 
 
PRIVATE CLAIMS AGAINST THE GOVERNMENT. 339 
 
 An act pioviding for the judicial ascertainment of claims against the United States. 
 Be it enacted, etc., that any person who may have a claim against the United States of which 
 the Court of Claims would not now have jurisdiction, but founded upon equity and justice, and 
 not bound by any statute of limitations provided by any law of the Lnited States, may file his bill 
 in the Court of Claims of the United States, setting out the grounds of his claim and the relief 
 desired by him ; and the Attorney-General of the United States shall appear and plead thereto a& 
 provided for in other cases. 
 
 Section 2. Any issue of fact joined upon such bill may be tried by the court as now provided for 
 cases of which it has jurisdiction. 
 
 Section 3. The court shall find the facts appearing from the testimony before them in each case, 
 and shall report their findings to Congress, with their opinion as to the determination that should 
 be made of such claim. 
 
 Section 4. Congress shall not consider nor allow nor authorize the payment of any private claim 
 not payable under existing laws until the same has been heard and reported to Congress by said 
 Court of Claims, as herein provided. 
 
 Section 5. All claims against the United States provided for by this act not prosecuted within nix 
 years from the passage of this act, or of the time when the same severally accrued, shall b«' barred. 
 except that when the claimants are under legal disability to sue, the action must be brought within 
 said sis years, or within three years after such disability shall cease. 
 
 Mr. Potter moved that the rules be suspended so as to enable him to report from 
 the (.yommittee on Reform in the civil service, as a substitute for the bill of the 
 House (H. R. 4377) providing for a judicial ascertainment of claims against the 
 United States, a bill of the same title (see above bill), and enable the House to 
 pass the same, and the question being put, viz. : 
 
 Shall the rules be suspended ? It was decided in the affirmative, two-thirds 
 voting in favor thereof — yeas 168, nays 75, not voting 48 — the yeas and na3's 
 being desired by one-fifth of the members present. Those who voted in the 
 affirmative are Democrats in italics • 
 
 3fr. J. H. Acklen ; D. Wyatt Aiken ; J. D. C. Atkins ; William J. Bacon : George A. Bagley ; 
 
 Henry B. Banning ; Hiram P. Bell ; George A. Bickaell ; lioratio Bisbee, Jr. ; Jos. C. 8. Black- 
 hum ; Archibald M. Bliss ; James H. Blount ; Andrew R. Boone ; Thomas A. Boyd ; Samuel A. 
 
 Bridges : John M. Bright; Curtis H. Brogden ; George C. Cabell; John W. Caldwell • Jacob M. 
 
 Campbell ; Milton A. Candler ; Lucien B. Caswell : J. It. Chalmers; Alvah A. Clark ; John B. 
 
 Clark ; John B. Clarke, Jr. ; Rush Clark ; Heister Clymer ; Thomas R. Cobb ; Fhilip Cook ; James 
 W. Covert ; Jacob D. Cox ; Sam,uel S. Cox ; William W. Crapo ; Jordan E. Cravens ; Thomas 2\ 
 Crittenden; D. B. Culbertson ; H. J. B. Cummings ; Augustus W. CuUer; Robert H. M. Davidson ; 
 
 Jose])h J. Davis ; Benjamin Dean ; George G. Dibrell ; H. L. Dickey ; Mark H. Bunnell ; Milton J. 
 
 Durham ; Benjamin T. Eames ; John R. Eden ; Anthony Eickhoff ; J. B. Elam ; Russell Errett ; 
 
 John H. Evins ; Tfiomas Ewing ; William II. Eelton ; Ebenezer B. Finley ; William H. Forney ; 
 
 Charles Foster ; Benjamin J. Franklin ; Benoni S. Fuller ; James A. Garfield ; WilliamW. Garth ; 
 
 Lucien C. Gause; Randall L. Gibson ; D. C. Giddings ; John Goode ; Eugene Hale ; Andrew H. 
 
 Hamilton ; Augustus II. Hardenbergh ; Henry R. Harris ; John T. Harris ; Carter H. Harrison ; 
 
 E. Kirke Hart ; Julian Harfridge ; William Hartzdl ; Thomas J. Henderson ; Eli J. Henckle ; 
 
 Daniel M. Henry ; Abram 8. Hewitt ; Goldsmith W. Hewett ; Hilary A. Herbert ; Charles E. Hooker ; 
 
 J. F. House ; Eppa Hunton ; H. L. Humphrey ; J. N. Hungerford ; Anthony Ittner ; A. B. James ; 
 
 Frank Jones ; J. T. Jones ; J. S. Jones ; Joseph Jorgenson ; John E. Kenna ; William Kimmel ; 
 
 J. Proctor Knott ; William Lathrop ; Robert F. Leighton ; S. D. Lindsay ; D. N. Lockwood ; J. K. 
 
 LuttreU; W. Pitt Lynde ; L. A. Mackey ; Levi Maish ; V. H. Manning ; 8. L. Mayham ; A. G. 
 
 McCook ; J. A. McKenzie ; J. A. McMahon ; Roger Q. Mills ; James Monroe ; C. H. Morgan ; W. 
 R. Morrison ; Leopold Morse ; H L. Muldrow ; Nicholas Midler ; Addison Oliver ; Charles O'Neill ; 
 T. M. Patterson ; James Phelps ; C. N. Potter ; T. C. Pound ; A. L. Pridemore ; J. H. Randolph ; 
 David Rea ; John H. Reagan ; Thomas B. Reed ; James B. Reilly ; A. V. Rice ; II. Y. Riddle ; 
 W. M. Robins ; C. B. Roberts ; G. D. Robinson ; Miles Ross ; Milton 8ayler ; A. M. Scales ; G. 
 Schleicher ; L. Sexton ; CM. Shelley ; 0. R. Singleton ; Robert Smalls ; W. E. Smith ; M. I. South 
 ard ; W. A. J. Sparks ; W. M. Springer ; W. L. Steele ; W. 8. Stenger ; A. II. Stevens ; H. B. 
 Straight ; J. M. ThompBOu ; J. W. Throckmorton ; R. W. Townshend ; J. R. Tucker ; TJwmm 
 Turner ; Jacob Turney ; R. B. Vance ; W. D. Veeder ; A. M. Waddell ; J. T. Wait ; G. C. Walker ; 
 Levi Warner; W. C. Whittliome ; P. D. Wigginton ; A. 8. Williams; C. G. Williams; James 
 Williams ; Richard Williams ; Albert 8. Willis ; Benjamin Wilson ; Casey Young. 
 
 Those who voted in the negative are Mr. William A Idrich ; Mr. William H. Beeken ; Mr. H. W. 
 Blair ; John H. Baker ; N. P. Banks ; Gabriel Bouck ; E. S. Bragg ; L. Brentum ; M. S. Brewer ; 
 James F. Briggs ; T. M. Browne ; Solomon Bundy ; T, W. Burdick ; B. F. Butler ; W. H. Calkins ; 
 J. G. Cannon : William Claflin : Nathan Cole : O. D. Conger ; Lorenzo Danf ord ; Horace Davis ; 
 N. C. Deering ; D. C. Dennison ; J. W. Dwight ; C. C. Elsworth ; J. U. Evans ; J. L. Evans ; C. 
 Freeman ; W. P. Frey ; Mills Gardner ; John Hanna ; A. C. Harmer : D. C. Haskell ; P. C. Hayes ; 
 G. C. Hazelton ; G. W. Hende ; J. Hiscock ; J. A. Hubbell ; M. C. Hunter ; E. W. Keightley ; W. 
 D. Kelley ; J. H. Ketcham ; E. G. Lapham • G. B. Loring ; B. F. Marsh : J.H . McGowan ; W. 
 McKinley, Jr. ; J. I. Mitchell ; H S. Neal ; E. Overton, Jr. ; H. F. Paee ; G. W. Patterson ; T. B. 
 Peddie : W. A. Phillips ; H. Mc. Pollard ; L. Powers ; W. W. Rice ; Thomas Ryan ; E. S. Samp- 
 son ; W. F. Sapp ; W. S. Shallenberger ; C. H. Sinnickson ; A. Herr Smith ; J. U, Starin ; J. H. 
 Stewart ; J. W. Stone : J. C. Stone ; Amos Townsend ; M. L. Townsend ; William Ward ; Frank 
 Welsh ; M. D. White ; Andrew Williams : B. A. }Villis ; Thomas Wren. 
 
 Those not voting are Mr. L. W. Ballou ; T. M. Bayne : G. M. Beebe ; C. B. Bennedict ; R. P. 
 Bland ; A. H. Buckner .: H. C. Burchard : R. H. Cain ; W. P. Caldwell ; J. H. Camp ; J. G. Car- 
 lisle ; I. B. Chittenden ; F. D. Collins ; B. B. Douglass ; E. J. Ellis : G. L. Fort ; J. M. Glover ; 
 T. M. Gunter ; B. W. Harris ; R. A. Hatcher ; C. H. Joyce ; J. W. Keifer ; J. W. Killinger ; R. M. 
 Knapp ; G. M. Landers ; B. F. Martiu ; L. S. Metcalf ; H. D. Money ; Amaea Norcross ; Hiram 
 
840 
 
 PRIVATE CLAIMS AGAINST THE GOVERNMENT. 
 
 Prince ; J. H. Pugh ; T. J. Quinn ; J. H. Rainey ; E. W. Robertson ; M. S. Robinson ; W .F. Slem- 
 mons ; Thomas Swann ? J. M. Thornburgh ; T. F. Tipton ; N. H. Van Vorhes ; William Walsh ; 
 L. F, Watson ; Harry White ; J. N. Williams ; Edwin Willits ; Fernando Wood ; H. B. Wright ; 
 J. J. Yeates. 
 
 So the rules were suspended and the said substitute (H. R. 5214) was passed. 
 Ordered, that the clerk request the concurrence of the Senate in the said bill, 
 
 [House Journal, 2d'Session, 45th Congress, 1877-78, pp. 1408-9.] 
 WHAT THE REPUBLICAN SENATE DID. 
 
 Sekatb, Jan. 8, 1879.— Mr. Conkling, from the Committee on the Judiciary, to whom were re- 
 ferred the following bills, reported them severally, without amendment, and that they ought not to 
 pass. * * *********** 
 
 H. R., 5214. An act providing for the judicial ascertainment of claims against the United States. 
 
 The Senate proceeded, by unanimous consent, to consider the said bills (S. B. 510, S. B. 1148, 
 H. R. Bill 3972 and H. R. Bill 5214), as in Committee of the Whole, and no amendment being made, 
 they were reported to the Senate. 
 
 Ordered, That the said bills be postponed indefinitely. 
 
 [Senate Journal, 3d session, 45th Congress, 187 -79, pp. 93-94.] 
 
 CLAIMS ALLOWED AS PER SECRETARY OP THE TUEASURX's LETTER. 
 
 Dec. 31, 1874. Secretary Bristow, 43d Congress, 2d session, Ex. 
 Doc. No. 107. 
 
 Northern states $9,720 21 
 
 Loyal Southern states 51,009 18 
 
 Southern states .50,570 02 
 
 $111,299 41 
 
 Jan. 6, 1876. Secretary Bristow, 44th Congress, 1st session, Ex. 
 Doc. No. 64. 
 
 Northern states $12,386 66 
 
 Loyal Southern states 72,971 77 
 
 Southern states 73,189 67 
 
 $158,548 10 
 
 Jan. 24, 1877. Secretary Morrill, 44th Congress, 2d session, Ex. 
 Doc. No. 35. 
 
 Northern states $1,758 62 
 
 Loyal Southern statee 85,026 67 
 
 Southern states . 102,576 82 
 
 $189,362 11 
 
 Jan. 14, 1878. Secretary Sherman, 45th Congress, 2d session, Ex. 
 Doc. No. 31. 
 
 Northern States $11,800 13 
 
 Loyal Southern states 66,300 35 
 
 Southern states 53,305 87 
 
 $131,406 35 
 
 Jan. 11. 1879. Secretary Sherman, 45th Consress, 3d session. 
 
 Northern states $42,163 43 
 
 Loyal Southern states 1)2,361 85 
 
 Southern states w 128,600 47 
 
 $263,125 75 
 
 Dec. 3, 1879. Secretary Sherman, 46th Congress. 2d session, Ex. 
 
 Doc. No. 14. 
 
 Northern states $19,719 07 
 
 Loyal Southern states 42,019 89 
 
 Southern states 52,324 89 
 
 $114,063 00 
 
 Claims allowed as per report. Total 
 
 Northern States. $867,794 72 
 
 Dec. 31, 1874 $9,720 21 
 
 Jan. 6,1876 12,386 66 
 
 Jan. 24, 18/7 1,758 62 
 
 Jan. 14,1878 11.800 13 
 
 Jan. 11, 1879 42,163 43 
 
 Dec. 3, 1879 19,719 07 
 
 $97,548 12 
 
 Loyal Southern States. 
 
 Dec.31,1874 $51,009 18 
 
 Jan. 6, 1876 72,971 77 
 
 Jan. 24, 1877 85,02P 67 
 
 Jan. 14, 1878 66,30u SS 
 
 Jan . 1 1 , 1879. . . 92,361 85 
 
 Dec. 3,1879 42,019 89 
 
 409,oo9 71 
 
 Dec. 31, 1874. 
 Jan. 6, 1876. 
 Jan. 24, 1877. 
 Jan. 14, 1878. 
 Jan. 11, 1879.. 
 Dec. 3, 1879., 
 
 Southern States. 
 
 $50,570 02 
 73,189 67 
 
 102,576 82 
 53,305 87 
 
 128,600 47 
 52,-324 04 
 
 $507,237 83 
 360,566 89 
 
 
 $867,794 7o 
 
rUIVATH: CLA.IMS AGAINST THE GOVERNMENT. 
 
 341 
 
 STATEMENT OF THE AMOUNTS EXPENDED UNDER THE APPROPRIATIONS FOR 
 " CLAIMS FOR QUARTERMASTER AND COMMISSARY SUPPLIES." ACT JULY 4, 1864. 
 
 States. 
 
 1876. 
 
 isrr. 
 
 1878. 
 
 1879. 
 
 1880. 
 To April 15. 
 
 Totals. 
 
 New York 
 
 
 $1,730 00 
 
 305 89 
 
 25,484 70 
 
 ■V3,628'42 
 396 25 
 
 
 
 
 $1,738 00 
 9.825 54 
 
 
 irns 75 
 8,972 M 
 
 $1,371 33 
 
 48,570 83 
 
 381 12 
 
 45,819 81 
 
 $7,754 57 
 37,208 91 
 
 '26,517 74 
 
 ""43000 
 
 32,515 16 
 
 387 00 
 
 130 00 
 
 37,485 16 
 
 125,024 17 
 
 17,679 97 
 
 20 00 
 
 "$17i'62 
 
 Maryland 
 
 Vir^'iiiia. 
 
 120,408 60 
 381 12 
 
 V\ est Virginia 
 
 North Carolina 
 
 4,121 90 
 
 84,087 87 
 396 25 
 
 Georgia 
 
 76 50 
 100 00 
 
 "10,233 '56 
 
 1,095 00 
 
 790 00 
 
 44,862 75 
 
 128,217 61 
 
 16,481 43 
 
 
 76 50 
 
 
 
 
 
 100 00 
 
 Texas 
 
 
 6 66 
 
 97 17 
 
 200 00 
 
 284 50 
 
 46,228 18 
 
 65,524 22 
 
 8,900 84 
 
 270 00 
 
 1,359 88 
 
 
 436 00 
 
 Ohio 
 
 250 00 
 
 125 00 
 
 630 00 
 
 26,418 38 
 
 37,629 12 
 
 9,217 81 
 
 3,505 65 
 
 43,095 83 
 
 Indiana 
 
 
 1,807 00 
 
 Illinois 
 
 
 1,834 50 
 
 Kentucky 
 
 Tennessee 
 
 Missouri 
 
 697 55 
 
 1,144 50 
 
 218 25 
 
 155,692 02 
 
 357,539 62 
 
 52,498 30 
 
 290 00 
 
 
 Kansas 
 
 937 92 
 
 5,803 45 
 120 00 
 
 Nebraska 
 
 120 00 
 
 
 Colorado 
 
 
 875 00 
 
 
 875 00 
 
 California 
 
 
 
 500 00 
 50 00 
 175 50 
 
 
 500 00 
 
 
 
 600 00 
 7,208 97 
 
 
 
 650 00 
 
 District of Columbia. . 
 
 4,085 80 
 
 2,834 96 
 
 
 14,305 23 
 
 
 
 
 
 $95,349 95 
 
 $173,100 02 
 
 $301,772 76 
 
 $279,998 18 
 
 $2,231 92 
 
 $852,452 83 
 
 Register's Office, AprU 22, 1880. G. W. SCOFIELD, Register. 
 
 PRIVATE CLAIMS. 
 
 Statement of private claims, passed at 42d, 43d, 44th and 45th Congresses: 
 
 42d Congress, 1st sess _ $56,105.64 
 
 2d sess 611,140.19 
 
 3d sess 766,128.10 
 
 43d 
 
 Total 42d Congress 
 
 Congress 1st sess $614,123.31 
 
 2d sess 239,553.92 
 
 Total 43d Congress. 
 
 Total 42d and 43d Congress. 
 
 44th Congress 1st sess. $292,050.05 
 
 2d sess 234,489.95 
 
 Total 44th Congress 
 
 45th Congress 1st sess $311,953.53 
 
 2d sess 349,438.01 
 
 3d sess 348,779.43 
 
 Total 45th Congress. 
 
 $1,433,373.93 
 
 $853,677.23 
 $2,287,051.16 
 
 $526,540.00 
 
 $1,010,170.97 
 
 Total 44th and 45th Congresses. $1,536,710. 97 
 
 Reductions 44th and 45th Congresses (Democratic House) in amounts appro- 
 priated for private claims under amounts appropriated for private claims by the 
 Forty-second and Forty-third Congresses (Republican in both branches), 
 $750,340.19, being a reduction of more than 32 per cent. 
 
342 THIBTiiEJSTH, iOUIiTi:KNTH AND FIJb^TEENTH AALENDMENTS. 
 
 THE THIRTEENTH, FOURTEENTH AND 
 FIFTEENTH AMENDMENTS. 
 
 ARTICLE Xin. 
 Section 1. 
 Neither slavery nor involuntary servitude, except as a punishment for crime 
 whereof the party shall have been duly convicted, shall exist within the United 
 States, or any place subject to their jurisdiction. 
 
 Section 2. 
 Congress shall have power to enforce this article by appropriate legislation. 
 
 ARTICLE XIV. 
 Section 1. 
 
 All persons bom or naturalized in the United States, and subject to the juris- 
 diction thereof, are citizens of the United States and of the state wherein they re- 
 side. No state shall make or enforce any law which shall abridge the privileges 
 or immunities of citizens of the United States ; nor shall any state deprive any 
 person of life, liberty or property without due process of law, nor deny to any 
 person within its jurisdiction the equal protection of the laws. 
 
 Section 2. 
 
 Representatives shall be apportioned among the several states according to their 
 respective numbers, counting the whole number of persons in each state, exclud- 
 ing Indians not taxed. But when the right to vote at any election for the choice 
 of electors for President and Vice-President of the United States, representatives 
 in Congress, the executive and judicial officers of a state, or the members of the 
 legislature thereof, is denied to any of the male members of such state, being 
 twenty-one years of age and citizens of the United States, or in any way abridged, 
 except for participation in rebellion or other crime, the basis of representation 
 therein shall be reduced in the proportion which the number of such male citizens 
 shall bear to the whole number of male citizens twenty-one years of age in such 
 state. 
 
 Section 3. 
 
 No person shall be a Senator or Representative in Congress, or elector of Presi- 
 dent and Vice-President, or hold any office, civil or military under the United 
 States, or under any state, who, having previously taken an oath, as a member of 
 Congress, or as an officer of the United States, or as a member of any state legis- 
 lature, or as an executive or judicial officer of any state, to support the Constitu- 
 tion of the United States, shall have engaged in insurrection or rebellion against 
 
THIRTEENTH, FOURTEENTH AND FIFTEENTH AMENDMENTS. 343 
 
 the same, or given aid and comfort to the enemies thereof. But Congress may, 
 by a vote of two-thirds of each House, remove such disability. 
 
 Section 4. 
 
 The validity of the public debt of the United States, authorized by law, includ- 
 ing debts incurred for payment of pensions and bounties for services in suppress- 
 ing insurrection or rebellion, shall not be questioned. But neither the United 
 States nor any state shall assume or pay any debt or obligation incurred in aid of 
 insurrection or rebellion against the United States, or any claim for the loss or 
 emancipation of any slave ; but all such debts, obligations and claims shall be 
 held illegal and void. 
 
 Section 5. 
 
 The Congress shall have power to enforce by appropriate legislation the pro- 
 visions of this article. 
 
 ARTICLE XV. 
 » Section 1. 
 
 The right of the citizens of the United States to vote shall not be denied or 
 abridged by the United States or any state on account of race, color or previous 
 condition of servitude. 
 
 Section 2. 
 The Congress shall have power to enforce by appropriate legislation the pro- 
 visions of this article. 
 
844 THE DEMOCRATS AND THE SOLDIERS. 
 
 THE DEMOCRATS AND THE SOLDIERS. 
 
 LEGISLATION THAT SPEAKS FOR ITSELF. 
 
 DEMOCRATIC EFFORTS FOR THE SOLDIER THWARTED BY REPTTBLICANS. 
 
 The Republicans in Congress have always been loud m their professions of love 
 for the soldier. Professions are one thing. Acts are quite another. An examin- 
 ation of the records of the Democratic and Republican parties on this subject 
 shows that while the latter have been professing, the former have been acting; 
 while the latter have been promising, the former have been fulfilling. The Demo- 
 crats have not only passed private pension bills most cheerfully, but have enacted 
 general laws whenever the mass of the soldiers were to be benefited thereby. Bills 
 for the equalization of bounties and for arrearages of pensions have both passed 
 Democratic houses, only to be defeated outright or contemptuously kicked aside 
 in the Republican Senate. 
 
 In the course of a speech on this subiect in 1878, in the House of Representa- 
 tives, Hon. John A. McMahon, of Ohio, truthfully said : 
 
 The importance of these votes is more apparent when we consider that the Democratic party 
 came liere in the interest of retrenchment and reform. Have we ever cut down the pension bills? 
 Have we ever listened to the oft repeated charge that the pension list is too large; that fraudulent 
 claims are on it; that it should be revised? No, we prefer to err on the side of the soldier and his 
 suffering family. We have cut everywhere else; we have retrenched in every direction but in that. 
 We vole for no increased expenditure except for the Union soldier. 
 
 Below are a few of the measures which the Democrats have originated and 
 passed in the interest of the soldier. In every case, where the measure was de- 
 feated, the Republican party was responsible for the defeat as the record shows. 
 Votes against meritorious bills always came from the Republican side. If they 
 thought they could not defeat a bill by their votes they buried it in the committee 
 room. 
 
 EQUALIZATION OP BOUNTIES. 
 
 Frequently since the close of the war attempts have been made to equalize the 
 bounties of soldiers. In the Forty-third Congress a bill passed the House. It 
 went to the Senate, which was at the time overwhelmingly Republican. After 
 remaining in committee some time it was passed, but at so late a day in the ses- 
 sion that it was somehow lost between the two Houses. It never received the 
 President's signature. 
 
 "When the Democrats came into power in the House they immediately looked 
 into the question. Several bills for equalization were introduced and referred to 
 tlic Committee on Military Affairs. They were placed in the hands of Gen. Phil. 
 Cook, of Georgia, who reported a bill without unnecessary delay. It was re- 
 ported on March 11th, 187C. Although frequently pressed by Gen. Cook, its 
 consideration was not reached until June 20th. Gen. Banning, of Ohio, the 
 Chairman of tlie Committee on Military Affairs, made a speech, in the course of 
 
THE DEMOCRATS AND THE SOLDIERS. 345 
 
 which he demonstrated the feeling of the Domocrats toward the soldiers. Gen. 
 
 Banning said : 
 
 I do not propose to make a speech or an argument on this bill. This House has frequently 
 heretofore declared in favor of this measure. It has been promised to the soldiers since 1862, but 
 it is left f it this Congrsss to redeem the promises of gentlemen on the other side, who have 
 been making them, and making them, and making them, but have never kept them. I believe that 
 those promises will be redeemed to-day, and it will be done by this Congress that gentlemen have 
 seen fit to denominate the Confederate Congress. When the news goes abroad that this Confederate 
 Congress has rendered unto the soldier that which is his, but which the Republican party failed to 
 give him, tuen I hope the cry of " Confederate Congress " will be buried forever. 
 
 The bill passed the "Confederate Congress," as it was called, by a vote of 
 
 141 to 46 (see Cong. Record, vol. 4, part 4, 1st sess. 4:ith Cong., pp. 3939, 3940). 
 
 The affirmative vote was as follows : Messrs. Adams, Ainsworth, Anderson, Atkins, Bagley, 
 J. H. Bagley, Jr., Baker (Ind.), Baker (N. Y.), Ballou, Banks, Banning, Blair, Bland, Brown (Kan.), 
 Burchard (111.), Burchard (Wis.), Burleigh, Campbell, Cannon, Cason, Caswell, Cate, Caulfield, 
 Clarke (Mo.), Clymer, Cochrane, Cook, Cutler, Danford, De Bock, Dennison, Dibrell, Dolling, 
 Bunnell, Dugand, Eames, Eden, Finley, Fort, Foster, Franklin, Freeman, Frost, Frye, Fuller, 
 Glover, Goodin, Hamilton (Ind.), Haralson, Hartzell, Hatcher, Hayward, Hendee, Henderson, 
 Hewitt (Ala.), Hill, Hoye, Holman, Hopkins, Hoskins, Hubbell, Hurd, Hunburt, Hyman, Jenks, 
 Jones (N.H.), Joyce, Kasson. Kelly, Ketcham, Kimball, Landers (Ind.), Landers (Conn.), Lawrence, 
 Le Moyne, Levy, Lynch, Mackey (Pa.), Maish, McCrary, McDill, McFarland, McMahon, 
 Metcalfe. Miller, Monroe, Morgan, Morrison, Mutchler, Oliver, O'Neill, Page, Payne, Phillips (Mo.), 
 Phillips (Kan.), Poppleton, Potter, Pratt, Rainey, Randall, Rea, John Reilley, Rice, Rollins (Pa.), 
 Rollins (X. C), Robmson, Rusk, Sampson, Savage, Sayler, Sheakley, Simonton, Smulls, Smith 
 (Pa.), Southard, Springer, Strait, Stenger, Stone, Teese, Townsend (Pa.), Tufts, Turney, Van Vor- 
 hees, Vance (N. C), Wait, Waldron. Walker (N. Y.), Wallace (S. C), Wallace (Pa.), Walsh, White, 
 WUiting, Wike, Willard, WiUiams (Wis.), Wilson (Ind.), Williams (Mich.), Williams (Min.), Wood 
 (Pa.), and Yeatee. 
 
 Of the gentlemen above recorded, 74, or more than one-half, were 
 Democrats. 
 
 Gen. James A. Garfield seems to have dodged this vote. He is recorded 
 among the absentees, and no pair is announced. The Record shows, however, 
 that he was present during the day for he participated in the proceedings. 
 
 the republican senate postpones THE BILL. 
 
 The bill thus passed through the House, and was sent to the Senate. It was 
 reported back on June 26th, and placed on the calendar. Attempts were repeat- 
 edly made to get the bill up, but without success. Whenever the motion was 
 made to consider the subject, th£re was always enough votes against it to prevent 
 action. The last attempt to take it up was made August 11th, 1876, but the 
 motion was defeated, as usual {see Record, Part 6, 44^^ Cong., 1st sess., p. 5434). 
 
 That was the last heard of the bill. It was indefinitely postponed, which was 
 an indirect way of killing it. 
 
 That which the Democratic House had cheerfully passed, the Republican 
 Senate, with all its professed love for the soldier, deliberately killed. 
 
 TIME FOR FILING BOUNTY CLAIMS EXTENDED. 
 
 The time for filing claims for additional bounty under the Act of July 28th, 
 1866, expired by limitation on the 30th day of January, 1875. In February, 1876, 
 a bill was reported from a committee of the Democratic House to extend the time 
 until the 1st day of July, 1880. The bill further provided that all claims 
 for such bounty filed in the proper department after the 30th day of Janu- 
 ary, 1875, and before the passage of this act, should be regarded as having been 
 filed in due time, and should be consideT'ed and decided without refiling. The 
 bill promptly passed the House (Record, Part^, 4Ath Cong., 1st sess., p. 1117). 
 
 ARREARS OP PENSIONS. 
 
 In the Forty-fourth Congress a large number of bills for arrears of pensions 
 were introduced and referred. They were placed in the hands of that gallant 
 soldier from Ohio, General A. Y. Rice. Out of all the bills referred he formu- 
 
346 THE DEMOCRATS AND THE SOLDIERS. 
 
 lated a general bill and reported it on March 22d, 1876. At his suggestion the 
 bill was made a special order. 
 
 HOW GARFIELD AND OTHER REPUBLICANS FOUGHT IT. 
 
 On August 1st General Rice moved to go into committee of the whole for tlie 
 purpose of taking up the bill. The Republicans endeavored to defeat the motion 
 by indirection and by a resort to parliamentary expedients. Had they been in 
 favor of the bill they could have helped to pass it by simply withholding their 
 objections. Anything can be done in the House by unanimous consent ; but 
 they chose to adopt a different course. 
 
 Mr. Sampson, of Iowa, was the first to interpose an objection. He said: 
 
 1 understand the motion of the gentleman from Ohio is, that the House now resolve itself into 
 committee of the whole on the state of the Union for the purpose of considering a special bill. 
 
 The Speaker ^ro tern (Mr. Sayler): That is so. 
 
 Mr. Sampson: Can that be done? Must not all bills be taken up in their order when the House 
 resolves itself into committee of the whole on the state of the Union? 
 
 The Speaker joro^em: The parliamentary motion is to go into committee of the whole on the 
 state of the Union. That motion is in order and the rules may be suspended for that purpose by a 
 majority vote. The Chair is informed it has been the custom to go into committee of the whole 
 on the state of the Union for a certain purpose, and to antagonize against that other purposes, and 
 to settle the question prior to going into committee of the.whole. 
 
 Mr. Hoar: That motion extends only to appropriation bills. A special motion to go into com- 
 mittee of the whole on an appropriation bill is in order. But, sir, all other bills in the committee 
 of the whole must be taken up in their order on the calendar and laid aside one by one. 
 
 Mr. Garfield: If we go into the committee on the whole on the state of the Union, we must take 
 up the calendar in order just as on Fridav. 
 
 Mr. Hale: That has been the invariable rule. 
 
 Mr. Rice: It has been the practice so far as I have observed during this session to go into com- 
 mittee of the whole on bills specially indicated. I wif<h to say the usage has been during this 
 session, at least, in accordance with the motion I have made. 
 
 It will be observed that, while General Rice wanted to go into committee on 
 the bill of the greatest importance to the Union soldier, and while the Democratic 
 Speaker pro tern wanted to assist him in the accomplishment of that object, 
 General Garfield, Mr. Hoar and Mr. Hale, all prominent leaders of the Republican 
 party, insisted upon a strict application of the rule as against the soldiers' interests. 
 
 General Rice insisted upon his motion and the House went into committee. 
 The rule requiring bills to be taken up in their order was rigidly insisted upon, 
 and before the arrears bill could be reached the committee was found without a 
 quorum and had to rise {Record, ml. 5, part 6, \st seas., 44th Cong., pp. 5054 and 
 5055). 
 
 MORE FACTIOUS OPPOSITION. 
 
 On the following day, August 2d, General Rice tried to push the bill forward 
 again. He succeeded in getting it into Committee of the Whole, but the entire 
 time was again occupied in discussing the order of business, gentlemen insist- 
 ing that the bills on the calendar be taken up in their order (Ibid, pp. 5084, 
 5085). 
 
 The opposition was so determined that the bill could not be reached again 
 at that session of Congress. It might have been passed then if the Republicans 
 had not made the point about taking it out of its order. 
 
 THE DEMOCRATIC HOUSE ACTS, THE REPUBLICAN SENATE REFUSES. 
 
 On March 3d, 1877, at the second session of the Forty-fourth Congress, the 
 bill was passed under a suspension of the rules by the Democratic House. The 
 same day the bill went to the Republican Senate and there it slept the sleep of 
 death in the Republican household — lost in the house of its professed friends. 
 
 THE BILL OP 1878. 
 On June 19th, 1878, the Democratic House passed another Arrears of Pension 
 Bill. This was in the Forty-fifth Congress. It passed by a vote of 1G4 to 61. 
 The bill was not exactly in the form in which General Rice and the majority of 
 
THE DEMOCRATS AND THE SOLDIERS. 347 
 
 the Pension Committee wanted to have it. Tlie bill of the committee proposed 
 to repeal section 4716 of the Revised Statutes which was as follows: 
 
 No monej' on account of pensions shall be paid to any person, or to the widow, children or heirs 
 of !iny person, who in any manner voluntarily engaged in, or aided or abetted the late rebellion 
 against the authority of the United States. 
 
 The purpose of this repeal was to restore to the rolls the pensioners of the war 
 of 1812 and other wars, whose names had been stricken therefrom for disloyalty. 
 Notwithstanding the refusal of the Republicans to permit this clause to be re- 
 pealed, the Southern Democrats did not on that account withhold their votes from 
 the arrears bill. They gave it a cordial support for they had determined to do 
 justice to the Union soldier, although the Republicans refused to act in an equally 
 just spirit toward the veterans of 1812. 
 
 When the bill went to the Senate it was fought for some time. Action was not 
 reached upon it in that body until the next session on January IGth, 1879. It 
 passed on the 18th of that month after a good deal of opposition and after several 
 attempts had been made to amend it, so that it would have to be sent back to the 
 House. 
 
 The soldiers are indebted for the arrears bill to the energy, in their behalf, of 
 the Democratic majority in the House of Representatives. 
 
 THE APPROPRIATION UNDER THE BILL. 
 
 The bill had been passed only a few days whan the Appropriation Committee 
 of the Democratic House brought in and passed the following bill. It will be ob- 
 served that they were not only prompt to raise the money to pay the pensions, 
 but they included clauses construing certain clauses of the arrears act. 
 
 An Act making appropriations for the payment of the arrears of pensions granted by act of Con- 
 gress approved January 25th, ei;|hteen hundred and seventy-nine, and for other purposes. 
 Be it enacted by the Senate and House of Representatives of the United States of America in 
 Congress assembled, that there be and hereby is appropriated out of any money in the treasury not 
 otherwise appropriated, the following sums namely: F(."r the arrears of pensions due on claims 
 in which the pensions were allowed prior to Jauuary 25th, eighteen hundred and seventy-nine, 
 twenty-five million dollars; the amounts paid out respectively for army and navy pensions to be 
 accounted for separately to the proper accounting officers of the Treasury Department. For pen- 
 sions for army and navy Invalids, widows, minors and dependent relatives for the fiscal year end- 
 ing June thirtieth, eighteen hundred and seventy-nine, one million eight hundn d thousand dollars 
 in addition to the amounts heretofore appropriated for those purposes, the amounts paid out on ac- 
 count of army and navy pensions respectively to be accounted for separately to the proper ac- 
 counting ofticers of the Treasury Department. For temporary clerks in the Pension Office and for 
 furniture, rent of additional rooms and other contingencies fifty-two thousand two hundred dollars 
 in addition to the appropriations which have be- n or shall be made under other acts the same to be 
 available until June thirtieth, eighteen hundred and eighty: Provided, That no more than three 
 thousand five hundred dollars shall be used for furniture, contingencies and rent. 
 
 The pension agents shall receive for their services and expenses in paying the arrears upon pen- 
 sions allowed previous to January twenty-fifth eighteen hundred and seventy-nine, including post- 
 age on the vouchers and checks sent to the pensioner, thirty cents for each payment; and the sum 
 of fifteen thousand dollars, or so much thereof as may be necessary, is hereby appropriated for 
 the payment of the same. 
 
 That the rate at which the arrears of invalid pensions shall be allowed and computed in the 
 cases which have been or shall hereafter bti allowed shall be graded according to the tic,., of the 
 pensioners disability from time to time and the provisions of the pension laws in force over the pe- 
 riod for which the arrears shall be computed. 
 
 That section one of the act of January twenty-fifth, eighteen hundred and seventy-nine, granting 
 arrears of pensions shall be construed to extend to and include pensions ou account of soldiers 
 who w< re enlisted or drafted for the service in the war of the rebellion, but died or incurred disa- 
 bility from a cause originating after the cessation of hostilities; and before being mustered out: 
 Provided, That in no case shall arrears of pensions be allowed and paid from a time prior to the 
 date of actual disability. 
 
 t'Ec. 2. All pensions which have been, or which may hereafter be, granted in consequence of 
 death occurring from a cause which originated in the service since the fourth day of March, eigh- 
 teen hundred and sixty-one, or in const quence of wounds or injuries received or disease contracted 
 since that date shall commence from the death or discharge of the person on whose account the 
 claim has been or is hereafter granted if the disability occurred prior to discharge, and if such disa- 
 bility occurred after the discharge then from the date of actual disability or from the termination 
 of the right of party having prior title to such pension : Provided, The application for such pen- 
 sion has been or is hereafter filed with the Commissioner of Pensions prior to ihe first day of July 
 eighteen hundred and eighty, otherwise the pension shall commence from the date of filing the ap- 
 phcation; but the limitation herein prescribed shall not apply to claims by or in behalf of insane 
 I)ersons and children under sixteen years of age. 
 
 Sec. 3. Section forty-seven hundred and nine of the Revised Statutes is hereby repealed. 
 Approved, March 3, 1879. 
 
S4b THE DEMOCRATS AND THE SOLDIERS. 
 
 THE REPUBLICAN OUTRAGE ON THE SOLDIERS OF 1812. 
 
 There is no darker blot on legislation than the action of the Republicans in 
 Congress with regard to the soldiers of the war of 1812, and their widows and 
 orphans. Shortly after the war of the rebellion broke out, the Republicans 
 struck all those people who resided in the South from the pension rolls. It was 
 just and right to do so at the time, because the United States could not send 
 money to the South during flagrant war. But after the war was over, and when 
 all the States had been re-admitted to their places in the Union, there was no justi- 
 .Ication for withholding from these old veterans the money which they earned 
 in defence of the flag of the whole country. In the Forty-fourth Congress, 
 General Hunter, of Virginia, was Chairman of the Committee on Revolutionary 
 Pensions of the War of 1812. He had for his colleagues on the committee such 
 men as James Phelps of Connecticut, Frank Hurd of Ohio, Martin J. Townsend 
 of New York, Samuel A. Dollins of New Jersey and Thoman J. Henderson of 
 Illinois. On March 3d, 1876, by direction of his committee, he reported a bill 
 to amend the laws granting pensions to the soldiers and sailors of the war of 
 1812. The bill proposed to restore to the rolls the names of the pensioners who 
 had been stricken therefrom for disloyalty, and the widows and dependent 
 children of such pensioners. The bill also provided that the pensions should 
 commence after the close of the civil war, in 1865. It was not proposed to pay 
 them for any time during the war, when they were supposed to have sym- 
 pathized with the South. In the course of the discussion of the bill attention 
 was called to the fact that from the lapse of time from the war of 1813 until the 
 beginning of , the war of the Rebellion, that these old men could not have pos- 
 siblj^ participated in the latter. Nevertheless, the Republicans opposed the bill. 
 Congressman Conger of Michigan was a leading spirit in opposition. He moved 
 to so amend the bill as to make its pensions take effect at the date of its passage, 
 and he added "that is time enough to pension men who have been disloyal. " 
 Mr. Reagan and other gentlemen again called attention to the fact that from the 
 very necessities of the case, these veterans of 1812 were so old in 1861 that they 
 could not have participated actively in the rebellion. 
 
 Mr. Conger and his friends did not succeed in striking out the clause. 
 
 FIGHTING WIDOWS AND ORPHANS. 
 
 There was another section of the bill which excited the ire of the Republicans. 
 It was not proposed to give arrears of pay to the old soldiers who had 
 sympathized with their children and grandchildren. But it was proposed to 
 give arrears to the widows and heirs of these old soldiers. Then the Republicans 
 came to the front again to fight the widows and orphans. 
 
 To the credit of the American Congress be it said, the motion to strike out the 
 section was rejected by a vote of 92 yeas to 102 nays. 
 
 The Democratic House had no idea of fighting widows and orphans. 
 
 Here are the names of some of the Republicans who voted for that infamous 
 proposition : 
 
 Baker, of Indiana ; Ballou, of Khode Island ; Burchard, of Illinois, now Director of the Mint ; 
 Cannon, of Illinois : Conger, of Michigan ; Dunnell, of Minnesota ; Fort, of Illinois ; Foster, 
 of Ohio, now Republican Governor of that State and one of Garfield's right hand men ; Frye, of 
 Maine ; James A. Gakpield, the Republican Candidate fob President ; Hoar, of Massa- 
 chusetts ; Hurlburt, of Illinois ; Joyce, of Vermont ; Kasson, of Iowa ; O'Neill, of Pennsylvania ; 
 Page, of California ; Rusk, of Wisconsin ; Wheeler, of New Yor*v, and others not so prominent 
 in Republican circles. 
 
 All of the negative votes, with three exceptions, were Democrats. 
 
 After a further fight upon the question of paying arrearages, the bill was 
 
 passed {Record, vol. 4, part d,4ith Cong., 1st sess., pp. 2167-70). 
 
THE DEMOCRATS AXD THE SOLDIERS. 849 
 
 THE REPUBLICAN SENATE KILLS THE BILL. 
 
 The bill went to the Republican Senate. It was referred to a committee, 
 reported back with amendments, the report was ordered printed, and that was 
 the last of it. The Republican Senate did not care to pass the bill. It was a 
 matter of indifference to them whether the old soldiers or their widows were 
 paid or not. 
 
 THE BILL OP 1878. 
 
 In the Forty-fifth Congress, bills to restore these old veterans were introduced 
 in both Houses. On the 19th of February, 1878, Mr. Withers called the bill up in 
 the Senate. Senator Edmunds and other Republicans opposed the restoration of 
 the veterans to the rolls. Mr. Maxey made a speech in which he administered a 
 merited rebuke, and showed how absolutely indefensible and outrageous was the 
 position of the Republican party on this question. He said : 
 
 It seems to me, Mr. President, that when the laws of this country under the operation of the 
 Fourteenth amendment juntify, and wisely so, the admission to this body and to the highest offices 
 in the gift of the people, to men like myself who openly, actively participated in the late rebellion, 
 it is, to say the least of it, something singular that these few old men, now rapidly passing to their 
 graves, should be deprived of the poor pittance of a pension of eight dollars per month for their 
 services 63 years ago, in a war with Great Britain, simply because, forsooth, their sympathies were 
 with their children and grandchildren who participated in the late war, for these old people were 
 too old to have taken an active part in it. 
 
 A broad and liberal statesmanship was laid down by the late President, General Grant, in the 
 message to Congress of December 7th, 1874, in respect to the soldiers of 1812-15, living in the 
 South, and provided for by the bill now before the Senate. 
 
 grant's rebuke to the republicans. 
 
 In that message General Grant said : " The act of Congress providing an oath which pensioners 
 must subscribe To, before drawing their pensions, cuts off from this bounty a few survivors of the 
 war of 1812 residhig in the Southern states. I recommend the restoration of this bounty to all 
 such. The number of persons whose names would thus be restored to the list of pensioners is not 
 'arge. They are all old persons, who could have taken no part in the rebellion, and the services for 
 which they were awarded pensions were in defense of the whole country." 
 
 These, continued Mr. Maxey, were the utterances of the President, a man who as General-in- 
 Chief of the armies of the United States brought the war to a close. If such a man, occupying the 
 exalted position that he did, and who was lifted to the Presidency of the United States, by reason 
 of the military service he had rendered his country; if this man, who more than any other one man, 
 perhaps, who occupied a high position, had confused the so-called rebels and brought the war to a 
 close ; if such a man could utter such sentiments ; it does seem to me that the broad statesman- 
 ship which he annunciated in the passages I have quoted, ought to prevail in this body, and to 
 induce us to secure to these old men this pittance, for the remnant of their days {Record, Vol. 7, 
 Part 2, 45i!A Cong., 2d sess., p. 1161). 
 
 LEADING REPUBLICANS OPPOSE THE BILL. 
 
 The bill was opposed by Senators Edmunds, Anthon}^ Morrill and others. But 
 Mr. Maxey's speech and the quotation from General Grant's message seemed to 
 have had some effect, for the motion to strike out the clause authorizing the 
 restoration of the old pensioners to the rolls was defeated by a vote of 50 to 7. 
 The seven Senators who voted to strike it out were Anthony, Cameron of Wis- 
 consin, Edmunds, McMillan, Morrill, Oglesby and Teller. 
 
 The bill was then passed, the same seven Republican Senators voting against 
 it (Ibid., p. 1169). 
 
 THE BILL IN THE HOUSE. 
 
 The bill was taken up in the House on March 4th, 1878. It was reached in 
 the course of business on the Speaker's table. Mr. Stephens moved that it be 
 put upon its passage just as it came from the Senate. Mr. Joyce and other Re- 
 publicans wanted to move to amend so as to exclude all who had participated in 
 the rebellion. The motion was decided not in order, pending Mr. Stephens' 
 demand for the previous question on the passage of the bill. The previous ques- 
 tion was seconded and the bill was passed by a vote of 218 to 20. All the Demo- 
 crats voted in the affirmative. The twenty Republicans who voted against these 
 old and decrepit men were Baker, Hunter and Robinson, of Indiana ; Brewer, 
 
350 THE DEMOCRATS AM) THE SOLDIERS. 
 
 Keightley, McGowan, Stone and Willits, of Michigan; Cox and Danford, of 
 Ohio; Dennison and Joyce, of Vermont; Dwight, Hiingerford and James, of ' 
 New York; Hayes and Tipton, of Illinois; Hazleton and Humphrey, of Wiscon- 
 sin, and Killinger, of Pennsylvania (Ibid.,]). 1465). 
 
 DID (JARPEELD DODGE ? 
 
 General Garfield is not recorded, nor is he announced as paired. He seems to 
 have DODGED because he had voted just previously on a bill for a custom-house 
 at Memphis, and was, therefore, present (Ibid., x>' 1463). 
 
 In spite of Republican opposition, the old soldiers of 1813 rejoice to-day, and 
 they have the gratification of knowing that they are pensioned for the remainder 
 of their days by a unanimous Democratic vote. 
 
 AN EFFORT TO PROTECT SOLDIERS FROM SHARPERS. 
 
 On January 25, 1876, Mr. Jenks, a Democratic representative from Pennsyl- 
 vania, reported from the Committee on lavulid Pensions a bill supplementary to 
 the several acts relating to pensions and bounty lands. Under the law as it then 
 existed, land warrants were regarded as personal property. Consequently, they 
 not unfrequently got into the hands of sharpers, who sold them, and thereby the 
 soldiers were swindled. For the purpose of protecting the soldiers, the Pension 
 committee reported a bill declaring land warrants issued to soldiers to be real 
 instead of personal property. The object was to place the same directly under 
 the control of the courts, because when the warrants were made realty the ad- 
 ministrator of a soldier's estate could not dispose of the warrant without an 
 order from the Orphan's Court. The law was framed entirely for the protection 
 of the soldier and his heirs. The bill was opposed in the House, but it finally 
 passed by Democratic votes {Eeco7'd, vol. 4, part 1, 1st sess. , 4Ath Cong.,]). 618). 
 
 THE REPUBLICAN SENATE DEFEATS THE BILL. 
 
 The bill went to the Senate, where it was referred to the Committee on Invalid 
 Pensions. It was there pigeon-holed, and that was the last of it. The bill was 
 based upon petitions that had come from a large number of soldiers. 
 
 The Democrats in the House did all in their power to meet the wishes of the 
 petitioners. 
 
 The Republican Senate paid no attention to the petitions. 
 
 ARTIFICIAL LIMBS FOR SOLDIERS — A REPUBLICAN WRONG RIGHTED. 
 
 The Republicans in the height of their power never made adequate provision 
 for the furnishing of artificial limbs to soldiers, sailors and others. The Demo 
 orals of the Forty-fourth Congress took this subject up. The Committee on Invalid 
 Pensions was presided over in this case by George A. Jenks of Pennsylvania. It 
 had among others for members George W. Hewitt of Alabama ; Jesse J. Yates of 
 South Carolina and Haywood Y. Riddle of Tennessee, three ex-Confederates. 
 These gentlemen wanted to have a l)ill passed to pension the veterans of the Mex- 
 ican war. The Republicans voted against the bill at every chance. But that did 
 not deter these gentlemen. They endeavored to do all that was just for the Union 
 soldier. 
 
 The Republicans said in almost so many words, " We will not do anything for 
 the Mexican veterans who gave an empire to the Union, because the majority of 
 them live in the South." 
 
 The Democrats, and Southern Democrats at that, said, " We will do justice to 
 the Union soldier, although they fought us in four years of war." 
 
 And they did equal and exact justice. 
 
THK UKilOCKATS AND TUK SOLDIEKS. 351 
 
 Under Republican rule, the maimed and wounded soldiers of the Union army- 
 had been compelled to purchase their artificial limbs and other appliances at such 
 prices as the dealers chose to demand. 
 
 The Democrats, including the "Confederate Brigadiers," said, that is not right 
 Hence, they reported a bill in June, 1876, to regulate the issue of artificial limbs. 
 
 The first section of the bill provided, that every person vrho in the line of his 
 duty in the military or naval service of the United States shall have lost a limb, 
 or sustained bodily injuries, depriving him of the use of any of his limbs, shall 
 receive once every five years an artificial limb or appliance, under such regula- 
 tions as the surgeon-general of the army may prescribe ; and the period of five 
 years shall be held to commence with the filing of the application after the 17th 
 day of January, in the year 1870. 
 
 The last clause of the act is significant. The Democrats did not only what the 
 Republicans should have done long before, but they dated the law back, so that 
 the soldiers should not suffer in their pockets, in consequence of the indifference 
 of the Republican party to their interests. 
 
 But the Democrats went further. They believed that the government of the 
 United States owed a debt to the soldiers, and that it should be generous. So they 
 provided in the same bill, that the necessary transportation to have artificial limbs 
 fitted shall be furnished by the Quartermaster-General of the Army, and an ap- 
 propiation was made for that purpose. 
 
 There was not the slightest trouble in passing the bill throught the Democratic 
 House. It went to the Senate. The Senate was Republican. Senator Ingalls, of 
 Kansas, was Chairman of the Committee on Pensions. The very essence 
 of the bill '.was taken out by an amendment offered by Mr. Ingalls 
 himself. It deprived the soldier of the very advantage which the Democratic 
 House insisted he should have. It was fought in the Senate and substantially 
 destroyed. The Democratic House insisted upon its law for the benefit of the 
 Union soldier. A committee of conference was ordered on the disagreeing votes. 
 The Democratic House finally made the Senate yield, and the law of August 
 loth, 1876, became a part of the statutes of the land through the obstinacy of 
 the Democratic House in the interest of the Union soldier (see Becord, vol. 4, 
 part 5. \st sess. 4Ath Cong., p. 4182, dc). 
 
 A CONTRAST. 
 
 Contrast the above liberal act with the following, which the Republicans passed 
 when they had majorities in both Houses : 
 
 Be it enacted by the Senate and House of Representatives of the United States of America in Con- 
 artss assembled. That all persone who are now entitled to pensions under existing laws, and who 
 nave lost either an arm at or above the elbow, or a leg at or above the knee, shall be rated in the 
 second class, and shall receive twenty- four dollars per month : Provided, That no artificial limbs, 
 or commutation therefor, shall be furnished to sucn persons as shall be entitled to pensions under 
 this act. 
 
 Sec. 2. That this act shall take effect from and after the fourth day of June, eighteen hundred 
 and seventy-four. Approved June 18. 1874. 
 
 TOTALLY DISABLED SOLDIERS RELIEVED. 
 
 On May 34, 1878, the House passed a bill to increase the pensions of certain 
 pensioned soldiers and sailors, who had lost either both their hands or both their 
 feet, or the sight of both eyes, in the service of the country. It provided that 
 the pensions of such soldiers and sailors should be increased to $72 per month. 
 The pension allowed at the time was a little over $30 only {Record, panrt 4, 45th 
 Cong. , 2d sess. , p. 3758). 
 
 The bill gave them the pension absolutely without conditions or reservation. 
 It went to the Republican Senate, where the Committee on Pensions proposed to 
 
352 THE DEMOCRATS AND THE SOLDIERS. 
 
 attach conditions to it. They recommended the striking out of all after the enact- 
 ing clause and to insert as follows : 
 
 THE SENATE ATTEMPTS TO IMPOSE CONDITIONS. 
 
 That all persons who, by wounds received or diseases incurred while in the military or naval 
 service of the United States, and in the line of duty, have lost both arms or both feet, or the eight 
 of both eyes, or the sight of one eye, the sight of the other having been previously lost; or who 
 is or shall hereafter become so totally or permanently helpless, from wounds or diseases so received, 
 as to require the regular personal aid or attendance of another person, shall be entitled to a pen- 
 sion of 1^72 per month, which shall be in lieu of the pensions now granted to such persons. 
 
 Here was a condition precedent that certain persons should have the attendance 
 'P another person before the increase should be available. But the committee 
 went a step further and proposed to add the following proviso to the bill : 
 
 Provided, That this act shall not apply to those who have no families dependent upon them for 
 support; nor to those who are not, in the judgement of the Commissioner of Pensions, in a necessi- 
 tous condition; nor to any person during the time he may be in the civil service and employment 
 of the government of the United States. 
 
 Let all soldiers note the difference in the two bills. That of the Democratic 
 House proposed to help the pensioner in a plain, straightforward, direct way. 
 That of the Republican Senate hampered it with conditions; left much to the 
 discretion of the Commissioner of Pensions, and proposed to repeat what they 
 had done immediately after the war, and say that employment in the civil service 
 should be a bar to a pension, no matter how much suffering the soldier might 
 have endured. 
 
 The proposed Senate amendment was rejected, and the bill was passed just as 
 it came from the House {see Record, part 5, 45^A Cong. , 2d sess. , p. 4588). 
 
 STILL FURTHER RELIEF GRANTED. 
 
 Another bill, passed on May 24, 1878, increased the pensions of all soldiers who 
 had suffered amputation of their leg at the hip joint to $37.50 per month. It 
 went through the House the same day it was reported (^corc^, part 4t, 45th Cong., 
 2d sess., p. 3758). 
 
 There were very few of this class on the roll. Hence the passage of the bill 
 could not add very largely to the pension account. But the Republican Senate 
 let the bill lay for nearly one year, and only took it up and passed it about the 
 time the Forty-fifth Congress was expiring, and when the Republican majority 
 was about to give place to a Democratic majority. It passed March 3d, 1879. 
 
 RELIEF BILLS PASSED BY THE HOUSE AND REJECTED BY THE SENATE. 
 
 On May 23, 1878, Mr. Riddle, of Tennessee, reported a bill from the pension 
 committee to increase pensions in certain other cases. It amended the pension act 
 of 1874 so as to extend its provisions to all persons who had lost an arm below 
 the elbow, or so near the elbow, or a leg below the knee, or so near the knee, as to 
 destroy the use of the elbow or the knee-joint, and rated such persons in the sec- 
 ond class and to receive a pension of $24 per month. 
 
 The bill passed the Democratic House without the slightest opposition {see Rec- 
 ord, part 4, 45^7i Cong., 2d sess. , p. 3731). 
 
 The bill went to the Republican Senate, and that body demonstrated its regard 
 for the soldiers' interests by sending it to the Committee on Pensions, where it was 
 pigeon-holed and forgotten. It was never heard of more. 
 
 In looking over the laws, the Democrats found that the Republicans had neg- 
 lected a class of pensioners who were suffering very seriously. They were the 
 men who had lost one hand or one foot, or one arm or one leg. The Republicans 
 said $24 a month is enough for this class of pensioners. The Democrats, in the 
 House, said it is not enough ; these men shall have $36 a month. The bill passed 
 the House {see Record, Ut sess. 4Mh Cong., vol. 4, part 1, p. 619). 
 
THE DEMOCRATS AND THE SOLDIERS. 
 
 353 
 
 It went to the Republican Senate. It was referred to the Committee on Invalid 
 Pensions in that body, and it was never heard of again. 
 
 REPUBLICAN AND DEMOCRATIC LAWS CONTRASTED. 
 
 The obiect of the Democrats in introducing and trying to pass the aim bills 
 was to remedy glaring defects in Republican legislation. 
 
 In 1872, when both Houses were under Republican control completely, they 
 passed the following general law: 
 AN ACT increasing the rates of pension to certain persons therein described. 
 
 Be it enacted by the Senate and House of Rtpvesentatives of the United States of America in Con- 
 gress assembled, That the act entiiled " An act supplementary to the several acts relatins; to pen- 
 sions," approved June sixth, eighteen hundred and sixty-six, be so amended that from aud after 
 the passage of this act all persons entitled by law ro a less pension than hereinafter specified, who, 
 while in the military or naval service of the United States, and in line of duty,, shall have lost the sight 
 of both eyes, or shall have lost both hands, or shall have lost both feet, or been permanently and to- 
 tally disabled in the same, or otherwise so permanently and totally disabled as to render them utterly 
 helpless, or so nearly so as to require the constant personal aid and attendance of another person, 
 shall be entitled to a pension of thirty-one dollars and twenty-five cents per month ; and all persons 
 who. under like circumstances, shall have lost one hand and one foot, or been totally and perma- 
 nently disabled in the same, or otherwise so disabled as to be incapacitated for performing any 
 manual labor, but not so much as to require constant personal aid and attendance, shall be entitled 
 to a pension of twenty-four dollars per month ; and all persons who, under like circumstances, 
 shall have lost one hand or one foot, or been totally and permanently disabled in the same, or oth- 
 erwise so disabled as to render their incapacity to perform manual labor equivalent to the loss of a 
 hand or foot, shall be entitled to a pension of eighteen dollars per month, from and after the fourth 
 day of June, eighteen hundred and seventy-two. Approved June 8, 1872. 
 
 THE LAWS PASSED BY DEMOCRATS. 
 
 Contrast the above general law with the following for some of the same classes 
 of disability, passed after the Democrats obtained control of the House of Repre- 
 sentatives. They at once increased pensions where it was deserved : 
 
 AN ACT to increase the pension of certain pensioned soldiers and sailors who have lost both their 
 hands or both their feet or the sight of both eyes in the service of the country. 
 Whereas, it is apparent that the present pension paid to soldiers and sailors who have lost both 
 their haiids or both their feet in the service of the country is greatly inadequate to the support of 
 such ae have families; therefore, 
 
 Be it enacted by the Senate and House of Representatives of the United States of America in Con' 
 gress assembled. That on and after the passage of this act, all soldiers and sailors who have lost 
 either both their hands or both their feet, or the sight of both eyes, in the service of the United 
 States, shall receive, in lieu of all pensions now paid them by the government of the United States, 
 and there shall be paid to them, in the same manner as pensions are now paid to such persoils, the 
 sum of seventy-two dollars per month. Approved June 17, 1878. 
 
 The next year they went a step further and passed the following: 
 
 AN ACT for the relief of soldiers and sailors becoming totally blind in the service of the country. 
 
 Be it enacted by the Senate and House of Representatives of the United States of America in Con- 
 gress assembled, That the act of June 17th, eighteen hundred and seventy-eight, entitled " An act 
 to increase the pensions of certain soldiers and sailors who have lost both their hands or both their 
 feet, or the sight of both eyes, in the service of the country," be so construed as to include all sol- 
 diers and sailors who have become totally blind from causes occurring in the service of the United 
 States. Approved March 3, 1879. 
 AN ACT to allow a pension of thirty-six dollars per month to soldiers who have lost both an arm 
 
 aud a leg. 
 
 Be it enacted by the Senate and House of Representatives of the United States of Amei^ica in Con- 
 gress assembled, That all persons who, while in the military or naval service of the United States, 
 and in the line of duty, shall have lost one hand and one foot, or been totally and permanently dis- 
 abled in both, shall be entitled to a pension for each of such disabilities, and at such a rate as is 
 provided for by the provisions of the existing laws for each disability: Provided, that this act shall 
 not be so construed as to reduce pensions in any case. Approved February 28, 1877. 
 AN ACT for the relief of certain pensioners. 
 
 Be it enacted by the Senate and House of Representatives of the United States of America in Con- 
 gress assembled. That all pensioners now on the pension rolls, or who may hereafter be placed 
 thereon, for amputation of either leg at the hip-joint, shall receive a pension at the rate of thirty- 
 seven dollars and fifty cents per month from the date of the approval of this act. Approved March 
 3, 1879. 
 
 These acts leave no doubt as to which party is the best friend of the soldier. 
 
 THE THREE MONTH'S EXTRA PAY TO MEXICAN SOLDIERS. 
 
 On the 17th day of January, 1878, Gen. Banning, from the Committee on Mili- 
 tary Affairs, reported a bill to pay the officers and men of the Mexican war the 
 three months extra pay allowed them by an act passed in 1848, after the close of 
 
 24 
 
354 THE DEMOCRATS AXD THE SOLDIERS. 
 
 the war. Some of the officers and soldiers had not taken the pay at the time, and 
 the right to do so had lapsed. The bill was to enable those to take it who had 
 previously neglected to do so. The bill passed the House after a very brief ex- 
 planation {see Record, part 1, 45^A Gong., 2d sess., p. 386). 
 
 It was taken up in the Senate on April 18, 1878, and Mr. Maxey, who had re- 
 ported it, asked for immediate action. Mr. Edmunds objected, apparently for 
 no other reason than that the bill had something to do with the Mexican soldiers. 
 In consequence of this objection the bill was not again reached until January 
 15th, 1879, in third session of the Forty-fifth Congress. The Senate committee 
 had amended the bill, so as to include in its provisions also the officers, petty 
 officers, seamen and marines of the United States navy employed in the prose- 
 cution of the said war. 
 
 Mr. Edmunds, upon whose objection the bill went over before, then offered an 
 amendment to grant also three months' extra pay to the soldiers who liad served 
 in the suppression of the rebellion. As this amendment was in no sense germane 
 to the bill, its offer could not have been intended for any purpose but to embarrass 
 it, and it was so construed by the friends of the bill. It so complicated matters that 
 the bill again went over {Record, pari \,M sess. 45t7i Cong., pp. 451 and 462). 
 
 It came up again on the 8th of February, and it was then passed, but not with- 
 out opposition on the part of Senators Sargent and Edmunds and other Republi- 
 cans. They insisted that the pension rolls were largely increasing year by year ; 
 but, underlying all their opposition, was a manifest indisposition to pass the bill 
 because it would help the veterans of Mexico, the majority of whom resided in 
 the South. 
 
 Mr. Maxey administered a pointed but well-deserved rebuke to this spirit of 
 sectionalism by remarking that he and others who wore the gray in the late un- 
 pleasantness had cheerfully voted for pensions to the Union soldiers, because 
 they believed it was right to do so, and they thought it right also to vote some- 
 ' thing to the old veterans who had fought their country's battles in Mexico 
 {Record, part 2, dd sess. 45th Cong., p. 1121), 
 
 The House subsequently concurred in the Senate amendment and the bill was 
 passed, but the veterans who got the pay are under no obligations to the Repub- 
 licans of either House for it. 
 
 SOLDIERS PROTECTED FROM EXORBITANT PENSION FEES. 
 
 In the second session of the Forty-fifth Congress, the House Committee on 
 Pensions, with the view of protecting the soldiers from the pension claim agents,, 
 reported a bill fixing by law the fees they were authorized to charge. On mo- 
 tion of Mr. Fuller of Indiana, a Democrat, the charge was limited to ten dollars. 
 The bill passed with but slight opposition in the House. It went to the Senate, 
 where it was debated some time, Messrs. Conkling, Christiancy, Hoar, Dorsey and 
 other Republicans arguing in favor of allowing the claim agents a larger fee. The 
 bill passed, however, by a vote of 41 to 8, and more than one-half of those voting 
 in the affirmative were Democrats. 
 
 Those voting yea were: Messrs. Allison, Anthonj% Bailey, Bamnm, Bayard, Beck, Booth, Bruce, 
 Burnside, Butler, Cameron (Wis.), Cockrell, Conover, Dawes, Eaton, Eustis, Gordon, Grover, Harris, 
 Hore, Ingalls, Johnston, Jones (Fla.), Jones (Nev.), Kellogg, Kiernan, Kirkwood, Lamar. McCreery, 
 McMillan, Maxey, Merrill, Sargent, Salsbury, Saunders, Teller, Voorhees, Wadleigh, Wallace, 
 Whyte, and Withers— 41. 
 
 Of the above 22 are Democrats. The Senate at the time had a clear Republican 
 majority. 
 ^ Of the negative vote 7 were Republicans, and only 1 a Democrat. 
 
THE DEMOCEATS AND THE SOLDIERS. 355 
 
 Those voting were: Messrs. Christiancy, Coke, Conkling, Dorsey, Hoar, Mitchell, Paddock, and 
 •Spencer. 
 
 The Democrats in this, as in other cases, indicate their regard for the interest 
 
 of the soldier {see Record, part 5, 45th Gong., M sess., p. 4842.) 
 
 THE LAW FOR FILING CLAIMS FOR LOST HORSES AND EQUIPMENTS. 
 
 Mr. De Bolt, a Democrat from Missouri, introduced a bill in the Forty-fourth 
 Congress to revive the law and extend the time for filing claims for horses and 
 equipments lost by officers and enlisted men in the service of the United States. 
 The bill was reported back promptly from the Committee on Military Affairs by 
 General Cook of Georgia. It proposed to repeal the limitations which had Icjn 
 put on by the Republicans. The bill was general in its application and was in- 
 tended to cover a large number of claims. It wa^ liberal and provided that all 
 claims for horses, or other property lost or destroyed in the military service of the 
 United States, filed in the proper department after the first day of January, 1876, 
 or before the passage of this act, shall be deemed to have been filed in due time, 
 and shall be considered and decided without refiling. 
 
 The bill promptly passed the House (Record, 2^art 5, 45th Cong., 2d ses8.,p. 
 4161). 
 
 When it went to the Republican Senate, what fate did it meet? It " slept the 
 sleep of death." Such was Republican love for the Union officer and soldier. 
 
 The above cases are cited to show that in every instance where the real interest 
 of the soldier was at stake, the Democrats were his friends, while Republicans 
 threw impediments in the way of relief. 
 
 DEMOCRATIC AND REPUBLICAN RECORDS CONTRASTED. 
 
 The record of the Democratic majority of the House of Representatives since 
 the commencement of the Forty -fourth Congress ; that of the Democratic ma- 
 jority of the Senate, since the commencement of the Forty-sixth Congress, so far 
 as relates to the soldiers, will bear the closest scrutiny. The verdict of every 
 impartial mind, after the scrutiny, must be that the interests of the soldiers have 
 been guarded more carefully, that more has been done for them in the brief time 
 that the Democrats have been in power, than during all the long years of Repub- 
 lican domination in Congress. The whole Democratic party has been charged 
 with hostility to the Union soldier, while the Republicans, with characteristic 
 impudence and arrogance, have claimed credit for themselves as the special friends 
 of the gallant men who periled their lives for the Union cause. 
 
 Compare the record of the two parties, and it will be found that the Democrats 
 have been practical, while the Republicans have been theorizing. The Republi- 
 cans promised ; the Democrats performed. 
 
 It is not only in the matter of bounty and general pension laws that the Repub- 
 licans have been derelict. They have falsified their professions that the soldier 
 shall be preferred in filling the civil offices under the government. Laws to this 
 end were passed one day, only to be broken or to be conveniently forgotten the 
 next. 
 
 HOW SECTION 1754 HAS BEEN VIOL A1 ED. 
 
 In 1865, just after the close of the war, the following law was passed: 
 Persons honorably discharged from the military or naval service, by reason of disability result- 
 Ins; from wounds or sickness incurred in the line of duty, shall be preferred for appointments to 
 civil offices, provided they are found to possess the business capacity necessary for the proper dis- 
 charge of the duties of such offices (s c. 1754, Revised Statutes). 
 
 In grateful recognition of the services, sacrifices and sufferings of persons honorably discharged 
 from the military and naval service of the country, by reason of wounds, disease, or the expiration 
 of terms of enlistment, it is respectfully recommended to bankers, merchants, manufacturers, me- 
 chanics, farmers and persons engaged in industrial pursuits, to give them the preference for 
 appointments to remunerative situations and employments {sec. 1755, Bevised Statutes). 
 
356 THE DEMOCRATS AND THE SOLDIERS. 
 
 But, unfortunately for the poor soldier seeking employment, these laws were — 
 
 Like Dead Sea fruits which tempt the eye, 
 But turn to ashes on the lips. 
 
 Examine the shameful record. Let Union soldiers everywhere look around 
 them and see how the Republican party has kept its pledges! They will not fail 
 to realize that they have been mocked at bj"- the politicians who professed to be their 
 best friends. 
 
 The laws above quoted were passed as far back as the Thirty-eighth Congress, 
 when the Republicans had more than two-thirds in each branch. They soon be- 
 came obsolete in practice. They were forgotten by Republican oflEicials until the 
 Democrats called attention to them. 
 
 THE DEMOCRATIC HOUSE RIGHTS THE WAY. 
 
 In the Forty-fifth Congress, the Committee on the Judiciary of the Democratic 
 House of Representatives reported the following act : 
 
 An Act to enforce by appropriate legislation the will of the people in 7'egard to the disabled soldiers of 
 
 the late xvar. 
 
 Be it enacted, That whoever shall violate or set at naught any of the provisions of section 1754 
 of the Revised Statutes sliall be punished by a fine not less than one hundred nor exceeding $5,000, 
 and by imprisonraeut not less than one month nor exceeding two years. 
 
 In the discussion of the bill some members expressed the fear that section 1754 
 did not apply to a certain class of soldiers, namely, the Veteran Reserve Corps, 
 and in order that there might be no doubt of the intention of Congress, the fol- 
 lowing additional section was added : 
 
 Section 2. Nothing in the first section of this act, or in section 1754 of the Revised Statutes, 
 shall be so construed as to exclude from appointment to oflSce any soldier who was disabled in the 
 line of duty and honorably discharged, or the widows or daughters of the killed or disabled soldiers. 
 
 This act passed the Democratic House on June 10th, 1878. 
 
 THE REPUBLICAN SENATE REFUSES TO ACT. 
 
 The Senate was at that time Republican. The bill was sent over to that body, 
 when it was referred to the Judiciary Committee, and that was the last heard of 
 it. Thus the pretended love of the Republicans for the Union soldier has always 
 failed at some point. They neglected to enforce section 1754, and when the 
 Democrats attempted to right a great wrong and compel the enforcement, the 
 Republicans kicked the bill aside unceremoniously. 
 
 THE LAW NEVER REGARDED. 
 
 Let any one examine the record of Republican appointments, and he will find 
 that the law has always been a dead letter. Take the City of Washington. Let 
 any mun go through the departments, and he will find that of the many thousand 
 men in the employ of the Republican administration, a few only are disabled 
 and crippled soldiers. The lusty politicians who never trained a gun on an 
 enemy occupy the fat places. While the Republicans have thus ignored the duty 
 imposed upon them by law, the Democratic majority in Congress has given 
 ample proof that no reasonable measure for the relief of the Union soldier has 
 suffered anj' neglect at their hands. 
 
 A SPECIMEN BRICK — THE RHODE ISLAND CASE. 
 
 An investigation recently made in the state of Rhode Island shows how much 
 regard Federal officials had for the claims of the soldiers. The case is only an 
 illustration of many others. 
 
 J. B. Greene, Augustus Woodbury and other honorably discharged soldiers 
 and sailors of the United States and citizens of Rhode Island, in May, 1879, pre- 
 sented a memorial to Congress, alleging violations of sections 1754 and 1755 of the 
 
THE DEMOCRATS AND THE SOLDIERS. 357 
 
 Revised Statutes, in relation to the appointment of wounded soldiers and sailors 
 to civil oflSces. In their memorial the petitioners say: 
 
 It is herein alleged that several honorably discharged soldiers have been within a short period 
 dismissed the custom-house of the Port of Providence, Rhode Island. Their places have been 
 filled by civilians with one exception, and mainly by the relations of Hon. H. B.Anthony. Sev- 
 eral of these deposed veterans are and were ready to submit to a competitive examination. This 
 privilege was denied them. 
 
 Gallant men, with dependent families, have been displaced to make room for mere striplings 
 who were in swaddling clothes when these veterans were fighting the battles of their country; men 
 whose 8> nse of duty impelled them to the front in the late struggle are now forced to yield their 
 well-earned places to men who were speculating in cotton or other merchandise during the late 
 war. * * * Your honorable bodies are respectively asked to interfere in be- 
 
 half of the parties aggrieved. 
 
 Subjoined is the roster of the custom-house of the Port of Providence, Rhode Island ; names of 
 the civilians nlarked thus, X 
 
 Joseph T. Reed X 1,095 
 
 D. M.Arnold 1,095 
 
 J. R. Skinner, soldier 1,095 
 
 B.C.Allen X 900 
 
 William S. Chase, soldier 1,095 
 
 , boatman x 500 
 
 E. C. Pomroy, soldier 1,095 
 
 Cyrus Harris X $5,000 
 
 Edward P. Burrows X 3,000 
 
 E.C.Ashley X 1,800 
 
 Nathan Goff, jr., soldier 1,600 
 
 Robert Perkins X . -• 1,095 
 
 George W. Pettis, soldier 1 ,095 
 
 Master Burrows X 1,095 
 
 J. E. Burrows, soldier 1,095 
 
 Total S22,655 
 
 A glance at the above names and figures shows that the civilians far outnumber the veterans. 
 The money paid to the civilians is twice that paid to the veterans. 
 
 The memorial w^as referred in the Senate to the Committee on Civil Service and 
 Retrenchment. The committee was subsequently authorized to investigate the 
 charges, and were further authorized to sit during the recess of Congress. Accor- 
 dingly, Senators Butler, Beck, Wythe and Rollins met at Newport in August, 
 1879, and there examined a large number of witnesses. They not only inquired 
 into the charge that sections 1754 and 1755 had been violated, but also into alle- 
 gations of the violations of the Civil Service rules made by the fraudulent admin- 
 istration. 
 
 The specific allegations and charges made in the memorial of the " discharged 
 
 soldiers and sailors" were: 
 
 That sections 1754 and 1755 had not been obeyed, " especially in regard to appointments made 
 for collection of customs dues at the district and Port of Providence; " that "the statutes have been 
 violated, the rules of civil-service reform have been disregarded, and nepotism has been a marked 
 feature in the selection of civilians to fill the places of discharged veterans; " and that " for a long 
 time the interference of Federal officers at the polls at town, city and state elections has restrained 
 men from the exercise of rights guaranteed by the Constitution." 
 
 THE LAW VIOLATED IN LETTER AND SPIRIT. 
 
 The committee say in their report : 
 
 Your committee are of the opinion that the testimony shows beyond dispute that sections 1754 
 and 1755 have been violated in letter and in spirit in " the appointments made for collection of 
 customs dues at the district and Port of Providence;" that ''persons honorably discharged from 
 the military and naval service, by reason of disability resulting from wounds or sickness incurred 
 in the line of duty," have not been preferred for appointments to civil offices; " but that, on the 
 contrary, honorably discharged soldiers," though not suffering "under disabilities from wounds 
 or sickness incurre'd in the line of duty," were "wounded" in the line of duty and honorably 
 discharsred after highly meritorious and gallant service during the war, have been removed, and 
 their places filled by civilians wholly without a record of service in the army or navy. 
 
 Not only were these discharged soldiers thus supplanted, but it appears to your commitu e from 
 the evidence entirely without proper cause, and in the face of the fact that " they were fomd to 
 possess the business capacity necessary for the proper discharge of the duties of the offices " in 
 which they were employed. 
 
 General James Shaw, Jr., the collector at the Port of Providence, was one of 
 the officers removed. Mr. Cyrus Harris, who was never in the military or naval 
 service, was appointed to succeed him. In response to the question of how long 
 he was in the military service. Gen. Shaw testified as follows : 
 
 I entered the service the 26th of May, 1862; remained for three months; it was a three months' 
 
 jiment; entered again the last of December, 1862, and was mustered out some time in July, 1863; 
 
 that was a nine months' regiment. I was nearly eight months in it. I again entered the service 
 
 regiment; entered again the last of December, 1862, and was mustered out some time in July, 1863; 
 that was a nine months' regiment. I was nearly eight months in it. I again entered the service 
 in command of the Seventh United States Colored Troops in October of 1863, and remained until 
 
 November, 1866. We were finally discharged at Baltimore, Md., November 16, 1866. 
 
 Q. What rank had you when you were mustered out? A. Colonel and brevet brigadier- 
 general. 
 
358 THE DEMOCRATS AND THE SOLDIERS. 
 
 The testimony shows that Shaw was removed because he refused to contribute 
 himself or ask his subordinates to contribute to a forced political assessment. 
 Of his case the committee say : 
 
 It will not be doing justice in the case of General Shaw and others to say simply that " they 
 were found to pot^sess the business capacity necessary for the proper dischar^ of their duties." 
 
 By the concurrent testimony of all parties— importers, merchants, public officials and employees 
 —General Shaw " possessed " the highest qualifications for the discharge of his duties as collector 
 of the Port of Providence, and appears to have had the esteem and confidence of officials, superiors 
 in rank, and the entire community within the range of which his duties were performed. 
 
 His military record was most honorable and meritorious, as presented to your committee, and 
 yet he was displaced for no other cause that your committee can discover— and an aged civilian 
 politician appointed in his stead— than that he obeyed the Civil Service orders which had been 
 promulgated by the head of his department, and refused to be assessed on the amount of his 
 salary as a public officer for political purposes. If there was any other cause for his removal it was 
 not made to appear . 
 
 It thus appeared that a soldier was displaced because he refused to violate the 
 Civil Service rules of his superior officers, the President of the United States and 
 the Secretary of the Treasury. Mr. Cyrus Harris, who never saw a gun fired 
 during the war, appears to have been appointed chiefly on account of his per- 
 sonal or political influence, to succeed Gen. James A. Shaw, who was a gallant 
 soldier and a very efficient officer. 
 
 OTHER SOLDIERS KICKED OUT. 
 
 Major Wii-LTAM II. Joyce was another soldier who was .dismissed for no 
 
 just cause. He was foreign inspector, weigher, ganger and measurer at the 
 
 Providence custom-hou-e, and had acceptably filled the office for eight years. 
 
 Here is his testimony with regard to his service in the war: 
 
 William H. Joyce sworn and examined : 
 
 By the Chairman: Q. What Is your age ? A. Forty-five last July. 
 
 Q. Were you a soldier in the late war in the Union army? A. I was. 
 
 Be good enough to state in what capacity. A. I entered the service on the first call of the 
 President for state troops in 1861, in the First Regiment Rhode Island Detached Militia, under 
 Colonel (now General) Burnside. Subsequently I was commissioned first lieutenant in the Seventh 
 Rhode It'land, promoted captain therein for gallantry at the battle of Fredericksburg, Va., and 
 subsequently promoted major for gallant and meritorious services during the war. 
 
 Q,. Why were you discharged? A. By reason of the termination of the war and my services 
 being no longer required. 
 
 Q. When? A. June, 1865, I believe. 
 
 Q. Honorably discharged? A. Yes, sir. 
 
 The hardship to which this soldier was subjected by being dismissed and having 
 a civilian appointed in his place was brought out by the following testimony 
 elicited by Senator Beck : 
 
 By Mr. Beck: Q. I want you to state again your story as connectedly as you can. You are 
 forty -five years of age, I understand? A. Yes. sir. 
 
 Q. You have a wife and five children depending on you for support? A. Yes, sir. 
 
 Q. State briefly your length of service in the war, the position yon held, and the promotions 
 made. A. 1 first entered as a private Company C, First Rhode Island Detached Militia; served the 
 full term; was discharged by reason of expiration of term; re-entered the service as first lieutenant 
 in the Seventh Rhode Island Volunteers; September 6, 1862, 1 was mustered in; was promoted cap- 
 tain in the December following— December 13, 1862 — and subsequently promoted major. 
 
 Q,. You were promoted for gallant services where? A. At the first battle of Fredericksburg, 
 December 13, 1862. 
 
 Q. And again promoted major for gallant and meritorious services? A. Yes, sir, that is em- 
 bodied ill my commission. 
 
 Q. Those facts are set forth in your commission? A. Yes, sir. 
 
 Q. And you served till the end of the war? A. Yes, sir. 
 
 Q. Then you held two other positions, I understood you to say, which you did not name 
 before? A. The first position I held on my return to civil life, I think, was assistant United States 
 marshal for taking the census in 1870; the next position, I was appointed storekeeper in the internal 
 revenue service. A short time after getting through with my duties as assistant marshal, while 
 acting as storekeeper in this district, there was no particular duty for me to perform by reason of 
 the distilleries to which I was assigned Iteiug closed up. The then internal revenue collector, Mr. 
 Earaes, deputized me as a deputy collector, and I performed duty as such and collected the inter- 
 nal revenue taxes on North Providence, and in this city a portion of them. 
 
 Q,. Then you were appointed to the custom-house? A. I resigned my position as storekeeper. 
 I was actively engaged as storekeeper when I did resign to accept a position in the custom-house 
 tendered me by Collector Shaw. 
 
 Q. Was any fault found with you in the discharge of any of your duties either as soldier or civ- 
 ilian? A. I never knew of any. 
 
 Q. A 8 either being difihouebt or unfaithful or incompetent? A. I challenge the strictest scru- 
 tiny on that point. 
 
THE DEMOCRATS AND THE SOLDIERS. 359 
 
 Q. And no complaint was made against j'ou wh-n yea were discharged in Maj- last? A. None. 
 I inquired for the reasons, but the collector perempt.ifily declined to give any reasons. 
 
 Q. You say your place was given to a man who had never served tne country, that you know of, 
 at least in the army? A. He could not have served; he was too young to serve at that time. 
 
 O. A single man? A. Yes, sir. 
 
 Q. A former clerk of the collector? A. So I understand. 
 
 Q. Who was himself a civilian during the war? A. Yes, sir. 
 
 {Senate Report No. — , 4Uh Cong., 2d sets., p. 72.) 
 
 Major Joyce, it appears, was also unwilling to contribute to a forced assess- 
 ment, and consequently his official head rolled into the basket. 
 
 Capt. Henry A. Greene, a coastwise, inspector, was also dismissed as soon as 
 Cyrus Harris took possession of the office of collector. There were no charges of 
 dereliction of duty against him. His place was wanted for some one else. Of 
 these cases of Joyce and Greene, the committee say in their report : 
 
 What has heretofore been said in General Shaw's case is largely true of Major Joyce and Cap- 
 tain Greene, who were likev/ise honorably discharged soldiers', and, moreover, competent and faith- 
 ful public servants. They, too, were removed without proper cause, and a civilian who had done 
 no military service during the war was appointed in the place of Major Joyce, who was wounded in 
 service and promoted for gallant and meritorious conduct. 
 
 Major Pomeroy, appointed in Captain Greene's place, was a Union soldier of good military 
 record and was wounded in action, while Captain Greene was eng isred in less important service, 
 principally on the Indian frontier, and was in no engagement in the field, and therefore in his case 
 the statute has not been violated. 
 
 Many other facts might be recited from the evidence relating to the discharge and appointment 
 of employees in the Providence custom-house, to the pernicious practice of the present collector in 
 permitting his subordinates to engage in other business avocations while they are employed by the 
 government, to which, by the nature of their contracts, and for the best interest of the public busi- 
 ness, they owe their undivided service. 
 
 But it is not deemed necessary to recount them in order to sustain the proposition that the above 
 recited sections of the Revised Statutes and the Civil Service rules and orders have been violated 
 and disregarded, as set forth in the memorial. 
 
 Other facts were brought out by the committee showing violation of the stat- 
 utes referred to, and also of the Civil Service orders of the fraudulent adminis- 
 tration. All the facts clearly indicated that the Republicans' professions of love 
 for the soldier, and their desire to have him occupy places of honor, trust and 
 profit, were mere lip service. The Rhode Island case was but one of many. The 
 same condition of things exists elsewhere, and an investigation only is needed to 
 bring out the utter heartlessness of Republican professions of love for the soldier. 
 
 ANOTHER REPUBLICAN DISCRIMINATION AGAINST SOLDIERS IN CIVIL EMPLOYMENT. 
 
 In 1865 Congress, both branches being then largely Republican, passed an act 
 which was entitled 
 
 An Act supplementary to the several acts relating to pensions. 
 
 The first section of that act contained this proviso : 
 
 Provided that no pension should be allowed to any person as an invalid for any period of time 
 during which he received, or has become entitled to receive, for services to the United States gov- 
 ernment in any capacity, the full pay which able-bodied officers or employees rendering like ser- 
 vices are allowed by law. 
 
 This proviso remained on the statute book for one year and more. It virtually 
 struck from the pension rolls every wouilded soldier, no matter whether he had 
 lost an arm or a leg, who had been fortunate enough to obtain civil employment 
 under the government. The proviso created much righteous indignation among 
 the soldiers and their friends, and in June, 1866, the proviso was repealed. But 
 no pension was made to reimburse the soldiers who had been deprived of their 
 pensions between the date of the enactment of the proviso and its repeal. 
 
 THE DEMOCRATIC HOUSE RIGHTS THE WRONG. 
 
 On May 24, 1878, Gen. A. V. Rice, of Ohio— a gallant soldier who left a leg 
 upon the field of battle, a Democrat tried and true, and one of the best friends 
 the soldier ever had in Congress— reported a bill to remedy a wrong which the 
 Republicans had left uncorrected on the statute book for twelve years. The bill 
 was entitled 
 
 An Act relating to soldiers while in the Civil Service of the United States. 
 
360 THE DEMOCRA.TS AND THE SOLDIERS. 
 
 The bill gave the pensioners the pensions of which the Republicans had de- 
 prived them. It provided as follows : 
 
 That all persons who, under or by virtue of the first section of the act entitled an Act supple- 
 mentary to the several acts relating to pensions, approved March 3d, 1865, were deprived of their 
 pensions during any portion of the time, from the 3d day of March, 18fi5, to the 6th day of June, 
 1866, by reason of their beine in the Civil Service of the United States, shall be paid their said 
 pensions, withheld by virtue bf said section, for and during said period of time. 
 
 This bill passed the Democratic House without a murmur of opposition (see 
 Cong. Record, part A:, 45th Cong., 2d sess., p. 3757). 
 
 It went immediately to the Republican Senate, where the majority, which 
 claims to have such supreme love for the soldier, let it lay until February, 1879, 
 when the House bill was taken up and passed. 
 
 The bill originated in a Democratic House, it was pushed to a passage by a 
 Democratic representative, and but for his action and that of his fellow -Demo- 
 crats the pensioners who were deprived of their money in 1865 would still be 
 without it. In all their years of power the Republicans never thought of doing 
 this simple act of justice, 
 
 ANOTHER DEMOCRATIC EFFORT TO SECURE CIVIL EMPLOYMENT FOR SOLDIERS. 
 
 In the regular Annual Pension Appropriation Bill for the fiscal year ending 
 June 30, 1879, which passed the House April 11, 1878, Gen. Mce of Ohio offered 
 an amendment, which was adopted by the Democratic House, providing that from 
 and after July 1st, 1878, the oflSce of pension agent should be filled by wounded 
 or disabled Union soldiers. It seemed to the Democratic House eminently fit and 
 proper that the money disbursed for the benefit of soldiers should be distributed 
 by soldiers. Besides that, it opened up a new avenue of employment to a number 
 of the veterans {fee Cong. Record, ml. 7, part 3, 4f)th Cong., 2d sess.). 
 
 The bill was taken up in the Senate on May 6th, 1878, and the Senate Commit- 
 tee on Pensions moved to amend the House amendment by directing the Presi- 
 dent to give preference to wounded and disabled Union soldiers in the appointment 
 of pension agents. 
 
 The amendment of the House, as well as the proposed amendment of the Senate 
 committee, was opposed on the ground of unconstitutionality. It was argued that 
 Congress could not instruct the President who to appoint. As an answer to this 
 the fact was pointed out that in appointing judges, the President necessarily con- 
 fined himself to the legal profession ; that in appointing surgeons he was confined 
 to the medical profession, etc. , and that there was therefore no impropriety in 
 directing him to confine himself to a certain class in the appointment of pension 
 agents. 
 
 SENATOR INGALLS' TRIBUTE TO THE DEMOCRATIC HOUSE 
 
 In the course of t;ie debate, Senator Ingalls, a Republican, said: 
 
 At the other end of the Capitol is a Houee which is frequently alluded to as the House of the 
 Confederate Tragedies. They have no unconstitutional scruples about declaring that Union 
 soldiers shall administer the pension agencies of this country. The men who have served in tlie 
 rebel army, and have had their disabilities removed and have come to Congress, pass a section to a 
 bill expressly declaring that the powers and duties of those offices shall be exercised by disabled, 
 wounded and honorably discharged Union soldiers. But when t^e bill came to the Senate, a por- 
 tion of the gentlemen of that faith, and a portion of the gentlemen of the opposite political faith, 
 come together in a body that is ostensibly Republican, and find a great many constitutional scru- 
 ples about the power of the Executive to appoint Union soldiers to office. * * * The 
 Senate, nominally Republican, attacks a section that comes from the House, actually Democratic. 
 That body, controlled very largely by the sentiment known as the Confederate during the war, have 
 sent to us an open, manly declaration that the duties of these offices shall be discharged by wounded 
 and disabled Union soldiers. * * * jf Democrats and Confederates, as they 
 
 are called by the public press, can find no constitutional difficulty about this matter, it seems to 
 me that we ought not to be particularly troubled upon the point {see Record, May 6, 1878, 
 part 4, \hth Cong., 2d sees.). 
 
 Senator Ingalls, in the extract above quoted, recognized and confessed the 
 
 fact that the Democrats, including the "Confederate Brigadiers," were more 
 
THE DEMOCRATS AND THE SOLDIERS. 361 
 
 disposed to do equal and exact justice to the Union soldier than the Republican 
 Senate was. 
 
 The House clause was amended so as to provide that in case of a vacancy from 
 any cause, the office of pension agent shall be filled by wounded or disabled 
 Union soldiers, or the widows or daughters of Union soldiers. 
 
 When the bill went back to the House it was sent to a conference committee, 
 and as the committee could not agree upon the construction of that clause, it was 
 dropped out entirely. Thus the good intentions of the Democrats toward the 
 Union soldiers were defeated, because the Republican Senate, in the language of 
 one of their own Senators, " had constitutional scruples about the power of the 
 Executive to appoint Union soldiers to office." 
 
362 THE KEPUBLICAN INSULT TO TUE MEXICAN VETERANS. 
 
 THE REPUBLICAN INSULT TO THE 
 MEXICAN VETERANS. 
 
 At the regular monthly meeting of the Associated Veterans of the Mexican 
 "War, held in this cit}', on Saturday, July 3d, the following resolutions were 
 adopted ; 
 
 Whereas, when the constitution and by-laws of this association was formed, in 1S73, pa^-ty politics 
 were ignored as forming no part in the objects and aims of the eociety. it being then the desire and 
 intention to accord to every member perfect freedom in action and belief iu all i)olitical questions 
 of the day. But in the course of human events circumstances sometimes alter cases. The time 
 has now come, iu the opinion of tliis body, for a temporary suspension of this rule, and for taking 
 a. new departure in the interest of our comrades. It is well known that leading Republican Senators 
 and mem Ders of Congresa have latterly indulged in unmitigated abuf^e, malignant falsehood, and 
 bitter contempt of our old comrades in arms whenever our friends sought occasion to have our 
 humble claims to recognition on the pension roll of honor considered in those legislative bodies. 
 They have repeatedly heaped insultand contumely, in a most ungenerous spirit, noon the heads of 
 old sokiiersof the republic, whose pretensions to recognition by the Pension Oltice on a footing 
 with other pensioners were indorsed by twenty-five state legislatures, and a leading Republican 
 Senator, who presided over the Republican Convention atCnicago, offered, as a proviso to ihe bill 
 before the Senate, that before the Mexican veterans shall be pensioned they shall firet make oath 
 and prove themselves paupers 1 Self-respect and the common instincts of manhood, therefore, 
 requireof ufc« that we should combine our influence, and endeavor to enlist in our cause, by an 
 earnest appeal, the sympathy and aid of our fellow-soldiers of all wars in which the couiitry has 
 been engaged, who have a common heritage in the glory and prosperity of the nation, to properly 
 rebuke thia arrogant party, grown insolent by overfeeding at the public crib, at the polls, in the 
 forthcoming contest for political supremacy; therefore. 
 
 Resolved, That we recommend to our kindred associations of Mexican veterans through ut the 
 United States to organize campaign clubs, and cordially invite the ex-soldiers of the Republic, in 
 the North and in the South, in the fiast and in the West, to enndl their names with us and rally 
 around the old flag as a grand army of Ameficam warriors, in support of the nomine" of the Demo- 
 cratic party for the presidency, General Winfield Scott Hancock, a gallant soldier and statesman, in 
 whom every patriot whoever bore arms in defense of what he honestly deemed to be right, may 
 with confidence hope to find a friend and wise counsellor. 
 
 Resolved, That a copy of these resolutions be furnished for publication in The Videfte, and to the 
 press of the country, and we earnestly recommend their adoption by the associations of veterans 
 of Mexico in every state of the Union. 
 
 JAMES W. DENVER, President. 
 
 A. M. Kenadat, Secretary. 
 
 It is not at all surprising that these veterans should have taken this stand. It would have been 
 surprising if they had not. They have been treated most shamefully by the Republicans in both 
 branches of Congress. They have not only been refused a place on the pension rolls, but the Re- 
 publ^gfifis have gone so far as to attempt even to deny their cause a respectful hearing by voting 
 tim« Jmd again against taking up their pension bill. 
 
 James A. Garfield was always among those who refused to do justice to these 
 brave men. It would, therefore, be the sublimity of impudence for Garfield or 
 his friends to appeal to a single Mexican sold er for his vote. Before the Demo- 
 crats came into -power in the House no attempt was made to pension the veterans. 
 The Democrats in Congress stood as a solid phalanx in favor of pensioning them. 
 The Republicans refused to pension the Mexican soldiers, because they hoped to 
 make political capital out of the fact that the bill might pension a few who were 
 not on the Union side. Once in the Forty-fourth Congress, when the Democrats 
 had an overwhelming majority in the House, a bill was passed through that body, 
 after much difficulty and many delays. But the Republican Senate killed it by 
 indirection 
 
THE REPUBLICAN INSULT TO THE MEXICAN VETERANS. 363 
 
 LEGISLATION IN THE FORTY-FOURTH CONGRESS. 
 
 Early in the Forty-fourth Congress a number of bills were introduced and 
 
 referred. 
 
 Granting pensions to certain soldiers and sailors of the Mexican, Florida and Black Hawk wars, 
 and to certain widows of deceased soldiers of the same. 
 
 On February 24, 1876, Mr. Hewitt, of Alabama, reported a substitute, embrac- 
 ing the features of all the bills, and moved to make it a special order for a certain 
 day. 
 
 Mr. Kasson, Republican of Iowa, objected {see Record, vol. 4, parti, 1st seas. 
 Ut7L Cong., page 126S). 
 
 On May 3d, Mr. Hewitt succeeded in having the bill assigned for the 19th of 
 that month, but in consequence of objections and other business, it was not taken 
 up on that day {Ibid., part 3, page 2917). 
 
 It was not reached again until the second session of the Forty-fourth Congress. 
 On January 4th, 1877, it was taken up and passed {Record, vol. 5, part 1, M sess. 
 Uth Cong., pp. 427-432) 
 
 It went to the Republican Senate, where it was referred, and killed iii com- 
 mittee. 
 
 LEGISLATION IN THE FORTY-FIFTH CONGRESS. 
 
 Early in the first session of the Forty-fifth Congress (called session) Mr. Hewitt 
 reintroduced the bill. It was reported back January 17, 1878, and Mr. Hewitt 
 tried to have a day fixed for its consideration. 
 
 Mr. Conger, Republican, of Michigan, objected to it {Record, vol. 7, part 1, 2d 
 sess. 4o^/i Con^. , p. 384). 
 
 On February 14th Mr. Hewitt succeeded in getting the bill up in committee of 
 the whole House, and tried to limit debate. The Republicans objected. They 
 were determined to talk it to death. They pretended that their principal oppo- 
 sition to the bill arose from the fact that if it was passed Jefferson Davis would be 
 placed on the pension rolls. In order to meet this objection the friends of the 
 bill were willing to add a clause 
 
 that the provisions of this act shall not apply to any person while under the political disabili- 
 ties imposed by the 14th amendment to the Constitution of the United States. 
 
 Even this did not satisfy the opposition, and their refusal to accept the proposi- 
 tion was the best evidence that Jefferson Davis' name was used merely as a blind, 
 and that the real opposition was to the Mexican soldier {Record, vol. 7, part 2, 
 2d sess. 45th Cong., pp. 1038, 1047). 
 
 GARFIELD SHOWS HIS HAND. 
 
 February 25th Mr. Hewitt again moved to go into committee of the whole on 
 the bill. On this occasion the Republicans resisted that motion and demanded 
 the yeas and nays. The motion prevailed by a vote of 174 to 51. 
 
 The negative side was as follows : 
 
 Messrs. Bacon, Ballou, Bayne, Blair, Brewer, Brig^, Burdick, Camp, Campbell, Clark (Iowa), 
 Cox (Ohio), Cummings, Danford, Deering, Dwight, Ellsworth, Erret, Field, Foster, Garfield, 
 Hardenburgh, Hendee, Hiscock, Humphrey, Hungerford, James, Jones (N. H.), Keightley, Lap- 
 ham, Lathrop, Lockwood, McCook, McGowan, Monroe, Patterson (Col.), Patterson (N. Y.), Rice 
 (Mass.), Robinson (Mass.), Sampson, Starin, Stone (Mich.), Stone (Iowa), Strait, Townsend 
 (Ohio), Townsend (N. Y.), Wait, White (Pa.), Williams (Wis.), Williams (Del.), Williams (Ore- 
 gan) and Willetts. 
 
 In committee the Republicans again tried to talk the bill to death. They would 
 not permit a vote to be reached {Ibid., pp. 1315,1321). 
 
 The same thing occurred on February 26th, 27th and 28th. The friends of the 
 bill tried hard to pass it, but the Republicans always resisted successfully, either 
 by debate or by dilatory motions. The result was that the bill went over until 
 
364 THE REPUBLICAN INSULT TO THE MEXICAN YETERANS. 
 
 the next session. Then the Republicans repeated their tactics to defeat the bill, 
 
 and on every yea-and-nay vote James A. Garfield is recorded as voting against 
 
 the bill {see Record, ml. S, parti, M sess. 45th Cong., pp. 440, 441, 447). This 
 
 was the short session of Congress, and the Republicans by their conduct were 
 
 successful in preventing any action. The bill was consequently lost. 
 
 Early in the Forty -sixth Congress bills were introduced in both Houses. In 
 
 the House it is on the calendar. Several attempts were made to take it up, but 
 
 the Republicans individually objected. In the Senate the bill was discussed, but 
 
 no vote was taken. General Williams, of Kentucky, made an eloquent speech in 
 
 behalf of his old comrades. Other Democrats spoke in the same strain. The 
 
 Republicans denounced the bill, as usual, and, as the Mexican veterans say in 
 
 their resolution, they took the ground 
 
 that before the Mexican veterans shall be pensioned, they shall first make oath and prove 
 themselves paupers. 
 
 It is not at all surprising, therefore, that the old soldiers should be indignant 
 and that they should espouse the cause of their old companion in arms. Gen. 
 Hancock. 
 
 Garfield and his party friends are unworthy of a single consideration at their 
 liands. 
 
THE BEBEL BRIGADIEK. 365 
 
 THE REBEL BRIGADIER: 
 
 DANGEROUS AS A DEMOCRAT — FIT FOR THE HIGHEST HONORS AS 
 
 A REPUBLICAN — RADICAL. DEMAGOGUISM — THE SOLDIERS' 
 
 ROLL OF THE CONFEDERATE CONGRESS. 
 
 Since the Democrats came into control of the Senate and House, the Republi- 
 can speakers and press have persistently represented that the Democratic party in 
 its appointments of employees of Congress had shown its hostility to the Federal 
 soldier. Repeated denials accompanied by conclusive evidence did not stop the 
 misrepresentation. 
 
 In 1879 the Republican party of Ohio, in nominating as their candidate for gov- 
 ernor a man who staid at home during the entire war and never exposed himself 
 to a moment's danger, saw fit, in connection with that nomination, to indulge in a 
 hypocritical gush against the abuse which Federal soldiers were receiving from 
 the Democratic party. They passed the following resolution : 
 
 Resolved, That the memory of our dead heroes who gave their lives to save the nation from de- 
 struction protests against the expulsion of their hving comrades from public ofBlces to gratify the 
 partisan purposes of the dominant party in Congress. 
 
 One would suppose from the loud pretense of Republican love for the soldiers 
 that at least every other man officially connected with the Republican Senate and 
 Republican House was a discharged and wounded veteran. "When the Senate 
 was turned over to the Democratic party there were found just six wounded 
 soldiers on its rolls and no more, out of one hundred and fifty employees. Under 
 Democratic rule the six are still in the employ of the Senate. 
 
 In regard to the employees of the House the following statements carry their 
 own story: 
 
 Doorkeeper's Ofpice, ) 
 
 House of Representatives, United States, >• 
 Washington, D. C, June 6, 1879. ) 
 
 I certify on honor that there are now upon the rolls of the Doorkeeper's Department, House of 
 Representatives, my appointees, twenty gentlemen who served in the " Union Army " during the 
 late war. Of this number is Colonel Baker, chief of document-room, one of the most responsible 
 positions in the House; a second is Captain Knight, assistant doorkeeper, appointed by me to that 
 place for the reason that he was a Union soldier. 
 
 CHARLES W. FIELD. 
 
 Engineer's Department, House of Representatives, June 5, 187!). 
 There are employed in the engineer's department of the House of Representatives two persons 
 who served in the war for the Union, namely, William Lannan, chief engineer, who served in the 
 navy, and S. J. Davenport, who served in the army. 
 
 WM, LANNAN, Chief Engineer, House of Representatives. 
 
 Clerk's Office, 
 House of Representatives, United States, - 
 Washington, D. C, June 6, 1879. ) 
 
 There are employed in the office of the Clerk of the House of Representatives five ex-Union 
 soldiers, among whom are Hon. George M, Adams, Clerk of the House, and Henry H. Smith, 
 journal clerk. 
 
 GREEN ADAMS, Chief Clerk, House of Representatives. 
 
 The soldier roll at this hour, with the Democratic party in the ascendency 
 
366 THE REBEL BRIGADIER. 
 
 in both branches of Congress, under the control, of "Confederate brigadiers," 
 
 to use a hackneyed phrase, shows a better patronage bestowed on the Union 
 
 soldier than it did when the Republican party had unlimited sway. 
 
 The Democratic party has been arraigned for the present composition of the 
 
 Senate. Senator Conkling m a speech delivered m the Senate said : 
 
 Twentj'-seven states adhered to the Union in that dark hour. Those states send to Congress 
 two hundred and sixty-nine Senators and Representatives. Of these two hundred and sixt^-nine 
 Senators and Representatives, fifty-four and only fifty-four, were soldiers in the armies of 
 the Union. 
 
 He is now speaking of the House as well as the Senate : 
 
 The eleven states which were disloyal send ninety-three Senators and Representatives to Con- 
 gress. Of these, eighty-five were soldiers in the armies of the rebellion, and at least three more- 
 held high civil station in the rebellion, making in all eighty-eight out of ninety-three. 
 
 Let me state the same fact, dividing the House. There are but four Senators here who fought 
 in the Union army. They all sit here now; and there are but four. Twenty Senators sit here who- 
 fought in the army of rebellion, and three more Senators sit here who held high civil command in, 
 the Confederacy. 
 
 Since the war closed four Senators have been elected in the State of New 
 York by Republican legislatures. Each time that party had an opportunity to 
 send somebody here who had shed his blood or offered to shed it in the war for 
 the Union. Four times they refused to do it, three times by sending Mr. Conk- 
 ling, and once in sending Mr. Fenton. Four times the party of which the Sena- 
 tor is leader and king in his own state had a chance to select as Senator some 
 soldier who had adorned the history of New York by his valor, who had been 
 conspicuous by his heroism, who had faced the belching batteries of the enemy, 
 and yet each time the towering figure of Conkling himself intercepted the 
 soldier's hopes. Those who wore the blue went to the rear while the tall plume 
 of the civil chieftain went to the front; and yet he now rails at the Democrats for 
 not filling the Republican seats in the Senate with Union soldiers. Amazing 
 spectacle ! 
 
 Senator Blaine has made constant assaults on the Democratic party for its a Jeged. 
 hostility to Federal soldiers. He, too, has been disturbed because there are so- 
 many men on one side of the Senate Chamber who have periled their lives in 
 battle and so few on the other. If the fact is to be deplored, then why comes the 
 Senator from Maine. Why does he not yield to some gallant soldier from the 
 Pine Tree state ? 
 
 But there have been in the state of Maine five elections for Senators since 1865, 
 each time resulting in the choice of a Republican Senator. Are there, in fact, na 
 soldiers in that state to send to the Senate ? Is there nobody there fit to be a 
 member of this body who wore the blue during the war ? If there is, and he has 
 been jostled aside by the superior ability, artifice or ingenuity of the Senator from 
 Maine, certainly that Senator ought not to reproach the Democrats for his own 
 grievous fault. Five times the state of Maine has had the chance to do honor to 
 some soldier in her borders, and five times she has done nothing of the kind, and 
 thus she has added five conspicuous illustrations of the dire hypocrisy, the vile 
 sham, and black, false pretense of the Republican party in its pretended love for 
 the Federal soldier. The ' ' home guards " are there in force. The proper order 
 of things is reversed. The rear ranks are to the front, and the front ranks have 
 gone to the rear. And now these rear men in war and front men in peace fill all 
 the air with a dismal cry over the injustice which they themselves have inflicted 
 on the soldier. 
 
 The Republican party in common decency ought to be silent on the subject, 
 because they have had a hundred chances, taking all the states throughout the 
 North together, to remedy the very evil they rail about. The Republican party 
 
THE REBEL BRIGADIER. 367 
 
 of Indiana, with all of its clamorous outcry for the Union soldier, and its love for 
 the soldier, always pushed the soldier aside and sent men to Washington who 
 never faced the enemy. The Union army is as well represented on the floor of 
 the Senate and House now, so far as Indiana is concerned, as it ever was. 
 
 Vermont has held seven senatorial elections since the war closed. There could 
 not have been any soldiers in that state, or some one might have been fou^d in 
 seven trials. The state is not large; the population is not extensive. Seven times 
 a Senator was called and seven times a civilian answered and was chosen. Seven 
 times the roll of public merit has been called of those who deserved well of their 
 country ; and seven times the eager, hungry, stay-at-home, home-guard politician 
 has rushed to the front, seized the prize, and the soldier has staid at home. He 
 goes not to the Senate from Vermont. 
 
 Massachusetts sent one hundred and fifty thousand troops to the field. Since 
 the war it has six times held a senatorial election, and no soldier was elected. 
 The hypocritical policy of the Republican party is thus fully illustrated. 
 
 Let us see, however, about this dangerous person called the Confederate briga- 
 dier. Who is responsible for the introduction of the Confederate brigadier to the 
 theater of national politics ? Southern gentlemen are in Congress because they 
 thought the country was restored to its normal relations ; that the states were re- 
 habilitated under the Constitution ; that each state had the right to select its own 
 representatives in both branches of Congress, and that they were not compelled to 
 .ask leave to come of any set of men from any part of the country. 
 
 They are right in being there. They are met, however, by a party with a vio- 
 lent unwelcome, with abuse and denunciation hurled as a key-note to party war- 
 fare by the great Senator from. New York, and followed up by all the Senators on 
 his side of the Chamber. There is something due to history on this subject. Is 
 the Confederate soldier unfit to take part in the affairs of this government ; or, is it 
 in fact only the Confederate soldier who votes the Democratic ticket to whom they 
 •object ? Is it the Confederate soldier ^er se, or does the objection to him only arise 
 when he votes the Democratic ticket ? If a Confederate soldier votes the Repubh- 
 can ticket, and indorses all the rascality that overwhelmed the South as a deluge 
 during carpetbagism, do they not embrace him ? None such have ever been cast 
 out by the Republican party. On the contrary, all such have had seats of dignity 
 and robes of honor assigned. 
 
 THE ROLL OF HONOR. 
 
 Grant appointed Brigadier-General Amos T. Akerman, of Georgia, to a seat in 
 his Cabinet. A majority of the Republican Senators m the Senate to-day on their 
 oaths voted to confirm as the first law ofiicer of this government. They gave it 
 to him to construe the Constitution, to interpret the laws, to render decisions bind- 
 ing for years, and perhaps for all time. General Grant put into the hands of 
 Confederate Brigadier-General Amos T. Akerman the portfolio of justice, and a 
 Republican Senate confirmed him; and why ? Not because he was greatly learned 
 in the law. Nor did they object that he had carried a sword, and killed whom he 
 could, under the Confederate flag; he voted the Republican ticket, and that was 
 enough ; it washed away all his sins, and made him clean and pure in their eyes, 
 though his sins had been as scarlet before. 
 
 The present administration has confided one of its very important Cabinet port- 
 folios to another Confederate brigadier, Postmaster-General Key. It not only thus 
 took liim to their heart, but has provided that during his life or good behavior he 
 shall sit as a United States judge to construe the law of the land. General Key, in 
 the Senate, just before he was made a member of the Cabinet, in a speech said: 
 
368 THE REBEL BRIGADIER. 
 
 And on this testimony, the falsehood of which is so apparent on its face, a state is to be dis- 
 franchised, and a President whom the people never elected, is to be placed in office. 
 
 "Within but a few days of his appointment and confirmation, he not only an- 
 nounced that the present President of the United States was not elected President 
 by the people at all, but further, that there was a plot to foist him into that office 
 by disfranchising a state through the instrumentality of wholesale falsehood. He 
 has never recanted this truthful statement. He has agreed to vote the Republican 
 ticket, and doubtless he does so. It was on that condition that a Republican 
 Senate confinned this Confederate brigadier with an additional handicap in the 
 shape of the speech quoted from above. 
 
 Going south of the Potomac one can still further illustrate the shameless, false 
 pretensions of the Republican party on this subject. A Federal judge (Judge 
 Hughes) is holding an office for life in Virginia. He was an original secessionist 
 and the editor of a secession paper when the war broke out. He now construes 
 the law over a large and intelligent population. 
 
 They have welcomed Confederate officers to the bench and to the Cabinet; they 
 have welcomed them to foreign missions ; they have welcomed them to official 
 positions of every description, on the one sole condition that they Avould vote the 
 Republican ticket. Party politics control this whole matter. When they vote 
 the Republican ticket they are " loyal " brigadiers; when they vote the Democratic 
 ticket they are "rebel " brigadiers. 
 
 Here, next, is another Virginian, John S. Mosby. Who was John S. Mosby ? 
 One time, it was a question whether his surrender would be received, 
 whether he would be accepted as a prisoner of war, or whether he should be out- 
 lawed from that general amnesty which the government was then extending. 
 There was a time when the name of Mosby paled the faces of men in the Cap- 
 itol. There was a time when it was supposed he fought under a black flag, and 
 that it could sometimes be seen from the dome in the soft sunlight on an after- 
 noon. It was thought that his warfare partook of the nature of the guerilla, and 
 such a belief largely prevails to this hour. But all is forgiven now ; not only for- 
 given, but verily this most offensive Confederate warrior has rich reward. He cm- 
 braced radicalism, and it in turn embraced him. Instead of some wounded 
 Federal soldier occupying the position, the Republican Senate has confirmed John 
 S. Mosby as consul at Hong-Kong, and he is now an American representative to 
 the oldest empire on earth; he is among the Celestials. 
 
 The traveler in passing through Virginia naturally visits North Carolina next. 
 Let us do the same. Thomas Settle, of North Carolina, is now a district judge of the 
 United States, a life office of rank and importance. He was an officer of the Confed- 
 erate army ; he was a secessionist; he fought the battles of secession; he turned to 
 be a Republican, and was made president of the Republican National Convention 
 which nominated Grant in 1872 at Philadelphia. Afterward he was made minister 
 to Peru, and he now occupies a high judicial station. The most profitable spec- 
 ulation a man who fought in the Confederate army can now engage in is to adver- 
 tise himself ready to enter the ranks of the Republican party at a fair compensa- 
 , tion. 
 
 Governor Holden, of North Carolina, was an original secessionist and a signer 
 of the ordinance of secession which took North Carolina out of the Union. The 
 Republican party, as soon as he had joined its ranks, made him governor of the 
 state. He remained governor until he was impeached; but proven crimes did not 
 seem to disgrace him with Republicans. Since then he lias been appointed post- 
 master at Raleigh and confirmed by the Senate, and he is there now at a good, 
 
THE REBEL BRIGADIER. 369 
 
 wholesome salary. Every weak or treacherous man in the South who for shams 
 or for love of gain desires to abandon his friends and prey upon his own people is 
 thus rewarded. 
 
 Take the Barringers ; one of them is a United States judge in Egypt, They were 
 Confederates ; they are Republicans now, and they are cared for. 
 
 The United States district attorney of North Carolina, Mr. Lusk, was an officer 
 in the Confederate army, and he was confirmed here. He was confirmed by 
 Republican Senators, 
 
 James L, Orr, of South Carolina, was once speaker of the House of Representa- 
 tives. He went into secession and ai-med rebellion, and was a Confederate officer. 
 He afterwards joined the Republican party ; and what a place they gave him ! They 
 made him minister to Russia, one of the four first-class missions, and this Con- 
 federate officer received it as his reward for joining the Republican party. 
 Colonel Northrup of North Carolina is now United States district attorney. 
 He was an officer in the Confederate army. In Mississippi let us see how the Re- 
 publican party has managed its affairs. Major Morphis was the most prominent 
 scout of General Stephen D, Lee's command, and he is now the United States 
 marshal for the Northern district of Mississippi, 
 
 Captain G, W. Hunt was an aid to General Hardee, and he is now United States 
 marshal for the Southern district of Mississippi. Ah ! how the good things come 
 to the regenerated ! Thomas Walton — I knew him; he is in his grave, and peace 
 to his ashes — was an aid to General Longstreet. He was appointed United States 
 district attorney ; and after his death he was succeeded by Green Chandler, a Con- 
 federate officer, who was at that time United States mail agent, and is now United 
 States district attorney in the place of Walton, deceased. 
 
 Colonel G. W. Henderson was a colonel of cavalry in General Chalmer's divi- 
 sion. He is now receiving the reward of his services as a United States revenue 
 collector; and in order to make Republicans feel proud of their party in Mississippi, 
 and to finish up the work properly, it only remains to state that the Republican can- 
 didate for state auditor in 1875 was Captain Buchanan, captain in the Second Mis- 
 souri Cavalry at Fort Pillow. He is said, according to all accounts, to have fought 
 fiercely in that memorable battle. Yet he received all the votes the Republican 
 party had to give, as well as the prayers of his Northern friends who could not get 
 to the polls to vote for him. With what devout aspiration Northern Republicans 
 hoped for his success, and we have no doubt he could prove that he would have 
 been elected if his supporters had not been bulldozed. Yes, he was a captain 
 fighting at Fort Pillow under the Confederate flag. The leaders of the Republican 
 party as the representatives of indignant loyalty against Confederate brigadiers 
 take to their bosoms this Confederate officer, who bathed his sword in their blood 
 at Fort Pillow. 
 
 There never was before a fountain of grace so wide, so deep, so exhaustless, so 
 spontaneous in its unceasing flow, as that of the Republican party to Confederate 
 officers, if they will only vote the Republican ticket ! 
 
 Take Louisiana. We see one who was long in office there and who has made a 
 great and bloody figure in history ; a man of commanding mihtary capacity — Gen- 
 eral James Longstreet. General Grant made him surveyor of the port of New 
 Orleans, took his bloody hand in his — not only forgave but rewarded him, not only 
 welcomed him, but said, ' ' Come up higher, " Who was Longstreet ? Those 
 who fought in the Wilderness speak of the dreadful shock of battle when they 
 encountered Longstreet's corps, and the blood ran in rivulets. No braver, harder 
 fighter ever drew sword or encountered our Union armies than Longstreet. He 
 
^"70 THE KEBEL BRIGADIER. 
 
 •was educated for a soldier by his government, and he cost it more lives than any- 
 other one man who commanded no more than a corps in the Confederate army. 
 Who was Longstreet at Gettysburg and at Antietam ? An educated American 
 soldier fighting with desperate courage to destroy our government. 
 
 When the history of the late war shall be written, alongside of the names of 
 Gordon and Stonewall Jackson, of Joseph E. Johnston and Albert Sidney John- 
 ston, will be written the military achievements of James Longstreet. Yet 
 nothing stood between him and civil preferment the moment he was willing to 
 turn his back upon his old comrades, who had shared with him the bloody charge, 
 the nightly bivouac, and the overwhelming disaster that fell upon them all at the 
 ■close. 
 
 It is proposed to 
 
 APPEAL FOR FAIRNESS, 
 
 for common honesty and common decency. It is not intended that the record 
 shall be made up in the interest of injustice. It is not in the power of Republican 
 Senators to make it up in the way they propose, for the truth is not their way. 
 Their accusations shall recoil on their own heads. Their charges rest upon false 
 foundations. If there is guilt at all on this subject the leaders of the Republican 
 party are themselves the guilty parties. 
 
THE NEGRO EXODUS. ^'^ 
 
 THE NEGRO EXODUS. 
 
 In the fall of 1878 public attention was attracted to the wholesale importation 
 of negroes from certain Southern states to the Northwest. Kansas was first se- 
 lected as the objective point of the exodus. The migration began from the states 
 of Mississippi, Louisiana, Arkansas and Texas. Companies of negroes, destitute 
 of clothing, furniture and money, appeared upon the various landings along the 
 southern Mississippi and embarked in steamboats for St. Louis. A great major- 
 ity of the emigrants had no idea where their future homes were to be. Emissa- 
 ries of the Republican party had visited them in their cabins and had followed 
 them through the rice, cotton and sugar fields of the South, tempting them, with 
 promises seductive and false, to leave their homes and move to the North. 
 Tales extravagantly untrue were told them of fortunes to be made without work 
 in the Western states. All were to be given easy employment at wages which, 
 to the uneducated negro, seemed fabulous in amount. They were told that the 
 white men of the North were waiting with open arms to receive them. Bible 
 illustrations, which always impresses the mind of the negro, were used to pro- 
 mote the scheme. A new Canaan was promised, with a modern Moses to lead 
 them into a land of milk and honey. They were promised from 80 to 160 acres 
 of good land apiece, and assistance in the construction of houses and the purchase 
 of stock. It is not strange that these tempting offers were eagerly embraced. 
 Comfortable cabins were deserted, the women and children, scantily clad, were 
 moved to the nearest railway stations and steamboat landings, and the natives of 
 the warm South set forth to endure the rigors of a cold northern winter, ignorant 
 of what the future had in store for them, but with blind confidence in the 
 promises of their seducers. 
 
 WHAT ATTRACTED PUBLIC ATTENTION. 
 
 The first idea the people of the North had of the extent of the exodus was 
 the cry which came from the municipalities of St. Louis, Kansas City and Lea- 
 venworth. The emigrants were arriving in those cities by scores daily. They 
 were for the most part utterly destitute. Sickness spread among them. They 
 cried for bread. The men who had enticed them from their homes could not 
 be found. The negroes, like a flock of frightened sheep, ran hither and thither 
 trying to learn where the Canaan they had been promised was situated, and 
 what Moses could be found to pay their railroad fares into the promised land. 
 
 The citizens were sorely taxed to prevent the innocents from dying of cold 
 and starvation. Proclamations were issued by the mayors, and an attempt to 
 stop the exodus was made. Many of the negroes who were provided with 
 funds returned to their homes. Others were given assistance to return. The 
 stories told of their treatment dissuaded many of their friends from emigrating, 
 but it was found impossible to entirely stop the tide. The radical press of the 
 
S72 THE NEGRO EXODUS. 
 
 North encouraged the exodus. It represented the negro as a martyr, denied the 
 natural rights of man, defrauded, oppressed and discriminated against in the 
 race of life, liberty and happiness, followed by bloodhounds, hunted with shot- 
 guns and outraged beyond description. In strange contrast with this bloody- 
 shirt howl were heard the voices of the white people of the South urging the 
 negro to remain at home, warning him of the dangers and trials to be undergone 
 in emigrating to an unknown land in a different clime. 
 
 REPUBLICAN LEADERS SEEK TO TURN THE EXODUS TO ACCOUNT. 
 
 The Republicans in Congress also encouraged the exodus. The leaders of 
 the party were in the secret of the trick which had for its sole purpose the ma- 
 nipulation of the negro vote in the states where Republican supremacy was endan- 
 gered. On the 16th of January, 1879, Mr. Windom introduced in the Senate 
 the following resolution : 
 
 Besdved, That with a view to the peaceful adjustment of all questions relating to suffrage, to 
 the effective enforcement of constitutional and natural rights, and to the promotion of the best 
 interests of the whole country, by the elimination of sectionalism from j)olitics, a committee of 
 seven Senators be appointed by the chair, and charged with the duty of inquiring as to the expe- 
 diency and practicability of encouraging and promoting by all just and proper metnods the partial 
 migration of colored persons from the states and Congressional districts where they are not allowed 
 to fret'ly and peacefully exercise and enjoy their constitutional rights as American citizens into 
 such states as may desire to receive them and will protect them in said rights, or into such ter- 
 ritory or territories of the United States as may be provided for their use and occupa:ion ; and if 
 said committee shall deem such migration expedient and practicable that they report by bill or 
 otherwise what in their judgment is the most effective method of accomplishing that object ; 
 and that said committee have leave to sit during the recess. 
 
 In February following Mr. Windom made a speech on this resolution, in 
 
 which, after flaunting the bloody shirt, he said : 
 
 If it should cost a few millions to provide the territory for them, who would weigh that fact in 
 the balance against a solution of the most perplexing and dangerous problem that menaces our 
 future as a nation, the performance of partial but tardy justice to a race, and the permanent pacifi 
 cation of the country ? 
 
 Again, he said: 
 
 Let it be understood that such a place is ready for them, and the bishops and ministers of their 
 various churches will head the exodus to the promised land with songs of praise and devout 
 thanksgiving to God for this mighty deliverance. Do you say they are too poor to pay the 
 expenses of the proposed journey f Doubtless the great majority are so, but the enterprising, the 
 Intelligent, and the ambitious Will find some means of getting there ; and should any difficulty 
 occur at this point, the patriotism and philanthropy of the people may be confidently relied upon 
 to organize and provide the needed funds. 
 
 Mr. Windom struck the key-note of the Republican campaign with the negro 
 in the words above quoted. Aid societies to assist the negro to emigrate were 
 organized, and contributions were taken up in the churches to help on the cam- 
 paign work. These societies were first formed in Washington and St. Louis. A 
 few months afterwards the exodus took a new direction, and the Republican con- 
 spiracy was then unmasked. *' On to Indiana " was the watchword whispered into 
 the ears of the negro by the agents of the Republican party. Senator Voorhees. 
 in his speech in the Senate on the 4th of June, 1880, said : 
 
 I shall not dwell on the well known and well proven fact that as early as the autumn of 1878 
 Republican newspapers in Indiana, edited by Republican Federal officials, were openly and system- 
 atically engaged m encouraging negroes to come and settle in that state, avowedly for political 
 ends. A Democratic state ticket had just been elected by 13,000 majority, a Democratic legisla- 
 ture by a majority still larger, and the camp of the Republican party was desolate, its colors were 
 m the dust, its haughty pride was broken, and it cried out piteously'for the negro to come, and to 
 come in large numbers, to its aid. Passionate appt als were made editorially, and circulars were 
 printed of tne most enticing character for distribution in the South. The Baiviei\ a very promin- 
 ent Republican paper, published at Greencastle, Indiana, and edited by Mr. Langsdale, the post- 
 master at that large and important town, appears to have been selected to do most of this work, 
 while the whole Republican press of the state and all the leaders of that party stood by either in 
 silent or outspoken approval of its course. Not a whisper had been heard from the negroes them- 
 gelves on this subject up to that time. The thought of emigrating in large bodies from their liomea 
 in the South had not until then occurred to them. But in seeking the oriein of the negio exodus I 
 am not confined to the Republican papers and postmasters of Indiana. Inhere is high authority in 
 this body for the assertion that it was conceived in the brain of a Northern white man, and not in 
 that of a Southern black man. 
 
THE NEGRO EXODUS. 373 
 
 THE MOVEMENT ON INDIANA 
 
 ■was begun simultaneously from Virginia and North Carolina and from Kansas. 
 Agents were sent into the states first mentioned to start the exodus there, and the 
 negroes who had previously been started into Kansas were solicited to leave that 
 solidly Republican state and swell the army that was expected to make Indiana 
 Republican. The object of the exodus was so apparent, the sufferings which the 
 negro would be forced to undergo to gratify the political ambition of the Repub- 
 lican leaders were so evident, that the Senate passed the following resolution, 
 introduced by Mr. Voorhees, on the 15th of December, 1879 : 
 
 Whereas, large numbers of negroes from the Southern states, and especially from the state 
 of North Carolina, are emigrating to the Northern states, and especially to the state of Indiana ; 
 and 
 
 Whereas, it is currently alleged that they are induced to do so by the unjust and cruel conduct 
 of their white fellow-citizens towards them in the South : Therefore, 
 
 Be it Resolved, That a committee of five members of this body be appointed by its presiding 
 otficer, whose duty it shall be to investigate the causes which have led to the aforesaid emigration, 
 and to report the same to the Senate ; and said committee shall have power to send for persons 
 and papers, compel the attendance of witnesses, and to sit at any time. 
 
 The testimony taken by this committee showed beyond peradventure that the 
 negro exodus was a well-organized political scheme to vote Southern negroes in 
 certain close Western states where Democratic success would be fatal to Republi- 
 can national supremacy. In this scheme the negro was to be used as a mere tool, 
 regardless of his own well-being or the future of himself and his family. Wit- 
 nesses from all of the states whence negroes had migrated, the agents of the 
 movement, organizers of aid societies and colored men who had participated in 
 the exodus in any manner were examined. 
 
 O. S. B. Wall, a colored resident of Washington, who helped to organize the 
 National Emigrant Aid Society, testified that three of these societies were organized 
 in Indiana, one at Green Castle, another at Indianapolis and a third at Terre 
 Haute. These organizations were of a secret character and their object was to 
 transport pauper negroes from the South into Indiana. 
 
 A SPECIMEN AGITATOR FOR THE EXODUS. 
 
 One of the most conspicuous of the negro agitators was Gen. S. W. Conway. 
 This person has lived on the proceeds of his efforts to benefit the colored race for 
 nearly twenty years. He first appears as a commissioner of the unfragrant Freed- 
 man's Bureau for Louisiana and Alabama. When that swindling concern evap- 
 orated he became Superintendent of Education for Louisiana, an office which he 
 filled as long as the carpet-baggers were permitted to plunder and rule that unfor- 
 tunate state. Since 1873 he has been identified with the "interests" of the 
 colored people in one way or another, always managing to keep well fed, well 
 clad and never entirely without money. In less than one month after Mr. Win- 
 dom's speech was printed Conway appeared in Washington for consultation with 
 the Republican leaders in regard to the exodus. The late Zach Chandler, Chairman 
 of the National Committee, took Conway to his bosom, encouraged him to work 
 up the exodus and said that the funds necessary to carry out the scheme would 
 be raised. Six months before the negroes began to arrive in Indiana Conway 
 went to Indianapolis and there prepared the programme of the exodus with the 
 Republican leaders of that state. He talked with John C. New, Chairman of the 
 Republican State Central Committee, E. B. Martindale, Postmaster Hollo way and 
 others. They conversed together about the prospects of carrying Indiana for the 
 Republicans, and the idea of importing negroes for that purpose was approved. 
 After fixing matters in Indianapolis Conway went to St. Louis and Kansas City 
 ^nd was partially successful in diverting the tide of immigration from Kansas to 
 
374 THE NEGRO EXODUS. 
 
 Indiana. He then returned to Indianapolis to report the result of his labors. 
 The scheme was concocted with careful deliberation, and it received the approval 
 of the principal politicians in the Republican party, national and state. Mr. Con- 
 way in his testimony before the investigating committee admitted it. Being ex- 
 amined by Mr. Windom, he said ; 
 
 Q,. Do you know of any effort to colonize any state with negro voters ? A. There has been 
 some talk abont it, and I have been trying to help carry Indiana by their aid. 
 
 Q. What have you done in that direction ? A. I encouraged as many of them to go there as I 
 could; first, because I believed they coulri get good wa^es, and, second, to help out the Republican 
 cause and raise the negro to a higher civilization. I think he is a good Republican and agood loyal 
 citizen, and should be allowed to vote; therefore, I have not liked the idea to exclude politics from 
 the exodus. I think the negro ought to go where he can do the most good for himself and the Re- 
 publican party. 
 
 Q. Hasn't it been something of a failure rather— your trying to get them to go to Indiana ? A. 
 Yes, sir; I think so. I have oeen desirous to see a good many of them go in there. I wanted to 
 see the Democrats beaten, and I wanted the negroes to go in there and help do it. 
 
 Q. How many voters do you suppose have gone in there ? A. If all had gone whom I advised 
 to go there would have been fifteen or twenty thousand. 
 
 THE CONSPIRACY TO CARRY INDIANA PROVED. 
 
 The existence of the conspiracy was proven out of the mouth of its chief agent, 
 a Republican witness, examined by a Republican Senator. The infamous plot to 
 subvert the will of the people of Indiana by the importation of pauper negroes was 
 fully proven. That the plot failed was not due to the unscrupulous zeal of its 
 Republican authors. Employees of the reform administration of R. B. Hayes as- 
 sisted in the nefarious task of colonizing Republican voters in Indiana. H. W. 
 Mendenhall, of Wayne Co., Indiana, a government clerk in Washington, was a 
 member of the original immigrant society. He made a speech to the society advis- 
 ing the importation of negroes to Indiana for political purposes. He corresponded 
 with Colonel Dudley, U. S. marshal of Indiana, who wanted the negroes to come 
 into Indiana but wisely preferred that the exodus should not be known as a Re- 
 publican movement. 
 
 After Conway had finished his persuasive labors in Kansas, the tide of immigrants 
 from North Carolina began to flow. They came by hundreds on almost every 
 train from the South, filling the air with complaints of their poverty at home, 
 and indulging in the wildest anticipations of the paradise they were to enter in 
 the Hoosier state. These immigrants were composed of the lowest and most 
 impecunious class of negroes in North Carolina. They had been furnished 
 with transportation by the agents of the conspiracy. Many of them 
 were destitute of food, a majority were insufficiently clad and not 
 a few had been provided with tickets which were good to Washington only. 
 They had been taken away from their homes and were left to the <;liarity of the 
 public for means to complete the journey. Hundreds of them remained in 
 Washington for days at a time waiting for the emigrant aid society to raise funds 
 to carry them on to Indiana. It was well known that the negroes must endure 
 great suffering after their arrival in Indiana. The people of that state, regard- 
 less of party, had never desired the presence of a large pauper negro population 
 among them. There was no demand in Indiana for their labor, and no prospect 
 that they would better their financial or social condition by the change. 
 
 The people of North Carolina had treated the negro with kindness. His con- 
 dition there had steadily improved since emancipation, and the exodus from 
 that state would never have occurred but for the false promises of Republican 
 emissaries and the lying tales printed in exodus circulars. 
 
 Another proof of the fact that the exodus was caused by Republican politicians 
 is afforded by the testimony of Wm. B. Tinney, passenger agent of the Bal- 
 timore and Ohio Railroad at Indianapolis. A party of emigrants were stranded 
 
THE XEGRO EXODUS. 375 
 
 in Washington for lack of money to pay their railroad fares. Mr, Koontz, the 
 agent of the road at Washington, telegraphed Mr. Tinney to call upon three 
 prominent Republican politicians in Indianapolis and obtain $625 to pay the 
 transportation bill. Mr. Tinney obeyed instructions. The money was promptly 
 given him and Ihe delayed emigrants were immediately sent on to the Iloosier 
 state. Every circumstance indicates that this money was raised by the Repub- 
 lican State Central Committee. 
 
 The evidence taken by the committee showed conclusively that the negroes 
 \vere not wanted in Indiana. Every witness except Republican office-holders and 
 politicians testified, that, to use the words of Mr. Voorhees, "such an influx 
 would be the abomination of the people of the state; that the supply of laborers 
 was far greater than the demand, and had been for many j-ears, especially since 
 1873; that thenegroes already imported there had fallen upon hard lines, many 
 of them not employed at all, objects of daily charity, and others obtaining a pre- 
 carious subsistence from temporary and uncertain engagements." 
 
 THE PROSPEROUS CONDITIOX OF NEGROES IN NORTH CAROLINA. 
 
 The committee also investigated tlie condition of the negro in North Carolina, 
 and ascertained by a line of unbroken and uncontradicted testimony that there 
 is not a single right or privilege belonging to any citizen of the United States 
 that is not enjoyed by the colored residents of North Carolina. 
 
 Charles N. Otey, an educated colored native of North Carolina, testified before 
 the committee. His evidence is so strongly in contrast with the statements 
 of Radical politicians concerning t*he position of the negro in that state that an 
 extract is given. He said: 
 
 In North Carolina the most kindly relations exist between the white and colored people. At 
 the last celebration of the day of the emancipation proclamation the whites, all of whom had 
 owned slaves, paid three-fourths of the expenses neceseary for making it a success. They not 
 only did this in Raleigh, but in other places where the day was celebrated" 
 
 The colored people as a mass are more intelligent than in any other state in the South. They 
 always had more opportunities for acquiring an education. There are at least five schools in the 
 state' where they can get a scholastic education, and almost every town has a graded school. 
 
 They have what no other stale in the South possesses— an asylum for the deaf^ dumb and blind. 
 A Democratic legislature has appropriated money for the erection of an insane asylum; at pres- 
 ent the colored insane are in the white asylum, than which there is no finer in this country. 
 
 The free schools are open for all, and colored teachers are always employed in preference to 
 A'hites. 
 
 There are numbers of colored lawyers who have made a name at the bar; doctors who have 
 ■successful practice; farmers who own their farms and carry their own cotton to market. Why. 
 Raleigh, a city of about thirteen thousand inhabitants, half of whose population is colored, has 
 grown within the past five years to such extent that I could scarcely recognize my native city. 
 There are more colored people who own their own houses than there are in the city of Washington. 
 Their beautiful cottages are to be seen everywhere. 
 
 As I beheld this sight I said to myself, why does not the emigration begin at Washington ? 
 
 In one word I eay that the cause of the exodus from North Carolina can be found in the purses 
 of the men who furnished Perry and Williams with the means. 
 
 In my opinion the time will come when those who have encouraged this movement will repent 
 in sackcloth and ashes. 
 
 In my humble judgment, in December, 1880, many colored men who are now feasting on the 
 lamb in Indiana will be begging for money to pay their way back to old North Carolina. 
 
 Mr. O'Hara, the Republican candidate for Congress in the last election, testi- 
 fied before the committee. He said : 
 
 I do not know of any state in the American Union where there is a better feeling between the 
 white and colored people than in North Carolina. It is a very usual thing to see, on the day of 
 election, the landlord and the tenant, the employer and the employee going to town in the same 
 buggy and voting different ways. I have even wondered why it was that the employer could in- 
 fluence his tenant ol- employee on every other subject except voting. I think I ought to say with 
 regard to Captain Wall's testimony, as it will all come before the House in due time, that in my de- 
 feat, or rather my being counted out, the Republicans had more to do with it than the Democrats, 
 and I say that the colored Republicans of the South have more to fear from the white Republicans 
 than the Democrats. And tliere is always a combination between the white Republicans against 
 any intelligent colored Re, ublican who seeks to aspire to oftice. 
 
 THE SAD STORIES THE EMIGRATING NEGROES TOLD. 
 
 The committee did not listen alone to the statements of those emigrants who 
 had settled in Indiana. They heard the stories of dozens of deluded colored 
 people who had learned by bitter experience that the exodus was a fraud and a 
 
376 THE NEGRO EXODUS. 
 
 cheat, originated to benefit the Republican party at the expense of the negro. 
 Old colored men, hungry and footsore in their efforts to return to the comfort- 
 able homes which they had left in the Southern states, related their experiences. 
 
 The statements made by Mingo, Simmons, Green, Ruffin and others of their 
 treatment in Indiana almost paralleled the tales which the Radical newspapers 
 used to unfold day after day during the campaign of 1876. RuflBn, after suffering 
 in the land of his adoption, concluded to return to the land of his birth. He an- 
 nounced his determination to go. 
 
 "Did any of them advise you to stay V asked a committeee man. "Yes, sir," was the reply. 
 " They said, they did not blame you emigrants for wanting to go home, but said, you try and stay 
 until after the presidential election and then we think it best for you to go home ; and I said, aU 
 right, and I went on my way and come here." 
 
 Ruffjn also testified that he was induced to go to Indiana by a general promise 
 made to the colored men that they should 
 
 receive $15 a month on a farm, house to live in, firewood furnished and a cow and a calf to milk 
 extra for each family. 
 
 The first object of the politicians who organized the exodus was undoubtedly 
 to revive sectional agitation and bitterness by the circulation of untruthful stories 
 about Southern outrages, whippings and bulldozing. The idea of colonizing 
 Indiana was born almost simultaneously with the execution of the plan for 
 moving the negroes into Kansas. Agencies were established at Topeka and at 
 St. Louis, which dealt largely in the manufacture of campaign stories of the out- 
 rage type. 
 
 A CONSERVATIVE SOUTHERN VIEW. 
 
 Senator Lamar, of Mississippi, made a speech in the Senate on the 14th of June, 
 in which he discussed the question of the exodus from a conservative Southern 
 point of view. The evidence taken by the committee had convinced him that 
 the exodus was planned by Republican politicians for political purposes. There 
 was nothing in the condition of the states from which the emigration proceeded 
 to drive labor from the pursuits in which it was actively and profitably engaged, 
 and nothing in the condition of the states to which the emigration proceeded to 
 call for such an influx of labor. Mr. Lamar said that if the negro believed it to 
 be for his best interests to leave the South he would bid him go. If they were 
 deluded, the delusion would soon be exposed. He said that the planters of Mis- 
 sissippi, even while he was speaking, were in communication with laborers in 
 Kansas and Indiana, looking upon them as more accessible sources of supply than 
 the laborers of Georgia and Alabama. In a single sentence Mr. Lamar gave the 
 true history of the exodus. He said : 
 
 It was a movement concocted outside of the South, having no connection with the wants of 
 labor or tlie demands of capital, but set on foot for the purpose, in part, to obtaining partisan 
 ascendancy in a northern state ; in part to diminish the basis of representation in the Soutli in the 
 approaching census ; and lastly, to renew the agitation of " Southern outrages '' in the coming 
 presidential election." 
 
 He went on to say, that for every black man who left the South the planters 
 would have a white immigrant from the North, better skilled in labor and more 
 advanced in intelligence and more political experience. His speech was a most 
 emphatic refutation of the oft-repeated charge, that the South is Xhe home of 
 disorder, outrage and lawlessness. From the labor statistics of the government 
 he showed that in Mississippi, a population of 581,206 above the age of ten years 
 was reported, of which number 318,850 were employed in bread-getting, while 
 in Minnesota, the state which the sensational exodus agitator, Mr. Windom, repre- 
 sents, only 132,657 out of a population of 305,568 (Census 1870), were employed 
 m bread-getting. The occupation of such a proportion of the citizens of Missis- 
 sippi in peaceful labor was incompatible with a condition of lawlessness and 
 disorder. 
 
HOW THE POOR FKEEDMEN WERE SWINDLED. 37f 
 
 HOW THE POOK FREEDMEN WERE 
 SWINDLED. 
 
 THE WICKEDEST AIO) MEANEST OF ALL THE FRAUDS THE REPUBLICAN . PARTY 
 
 IS RESPONSIBLE FOR. 
 
 They would pillage the palace of the King of Kings, 
 And strip the gilding from an ange'l's wings ; 
 Cheat the living, rob the dead, 
 And deprive the orphan of his crust of bread. 
 
 The wickedest and meanest swindle which the Republican party is responsible 
 for was that practiced upon the ignorant and helpless f reedmen. The Freedmen's 
 Savings Bank was intended by the majority of its first board of trustees to be a 
 worthy institution. The conception was a good one. Philanthropists lent their 
 names and their influence to it, and men like Chas. Sumner, Peter Cooper, William 
 Cullen Bryant, A. A. Low, S. B. Chittenden, John Jay and Gerritt Smith were 
 among its trustees. Under these excellent auspices it was ushered into existence. 
 Its sponsors were men of character, but its originators were the most cunning, 
 the most unscrupulous, and the most influential leaders of the Republican party. 
 The men who governed and mismanaged the bank after its organization, and who 
 robbed the trusting freedmen of their hard-earned savings, were hidden behind 
 this cloud of philanthropists, and the cowardly scheme for plundering the igno- 
 rant colored people was matured before Mr. Sumner was induced to introduce the 
 bill which gave the men, with whom Gen. Garfield was involved in at least one 
 corrupt transaction, the power to carry out their design. Sneak thieves are brave 
 men compared with the crowd of politicians who robbed the Freedmen's Savings 
 and Trust Company. 
 
 ORIGIN OF THE BANK. 
 
 The freedmen who first, in any numbers, earned more money than was sufficient 
 to meet their daily wants, were those who enlisted in the Federal armies. The 
 institution which has done so much injury to the race is the outgrowth of a couple 
 of savings banks started by Generals Butler and Saxton at Beaufort, S. C, and 
 Norfolk, Va. They were simply for the colored troops, but it began to be indi- 
 cated by the deposits made in them that the race, or a large part of it, was inclined 
 to be thrifty. Deposits accumulated to such an extent that the shrewd, calcu- 
 lating spirits in Washington saw their opportunity. They lived on plunder, and 
 here was an undreamed-of hoard in the labor of freed negroes on which they 
 might fatten. 
 
 Some mysterious person, presumably one of those who afterwards became one 
 of the managers of the bank, drew a bill in the winter of 1864-5 chartering the 
 
3V8 HOW THE POOR FREEDMEN WERE SWINDLED. 
 
 institution. It was a bill giving tlie concern the ordinary powers of a savings 
 bank. Ostensibly the bill was to induce the freedman to save his money and to 
 educate him to habits of thrift. A gloss of charity was spread over every page^ 
 and its purpose recommended it to the kind friend of the negro, Charles Sumner 
 who introduced it into the Senate on the 17th of February, 18G5. 
 
 The following taken from the speech of Hon. William S. Stenger of Pennsyl- 
 vania is the precise truth concerning the origin of the bank : 
 
 They [freedmen] were entirely unfitted to make safe and remunerative investments of their 
 money. Here was a proposition to render them necessary assistance, by providin^j them a deposi- 
 tory where their funds could be received and invested for their benefit in the stocks, bonds, treas- 
 ury notes or other securities of the United States. It was a lofty and laudable purpose. It was 
 calcuhited to encourage the freedman to the exercise of industry, so tliat he might make monev,. 
 and to the practice of frugality, so that he might husband his resources and thus provide for the 
 wants of himself and family ac;ainst the coming of old age, sickness, and death. And with this 
 purpose Mr. Sumner could not Dut feel the heartiest sympathy. In the exhort debate in the Senate 
 on the bill, he characterized it as a simple charity. He ingrafted in it an amendment requ ring the 
 officers of the bank to give security. But it never occurred to him that it was necessary to inspect, 
 line by line, a bill that had been i)laced in. his hands by men known as the professed, zeah.us friends 
 of the freedmen. He never dreamed that there might be a jjredeterminatitm on the part of these 
 men to abuse the great trust then about to be placed in their hands. Had such a thought occurred 
 to him, I do not doubt that additional restrictions would have been imposed, and some very Impor- 
 tant provisions added. 
 
 But, sir, devilish cunning and ingenuity played their part, and played it well, in framing this act 
 of incorporation. There were men who saw in this project a golden opportunity to make money 
 for themselves. 
 
 The bank was marked by evil from its birth. Bad men conceived it, and hid- 
 den away in the bill which Mr. Sumner introduced were the opportunities for the 
 iniquities which ultimately brought ruin on the best of the negro race, and sent 
 them back, dispirited and hopeless, into the poverty from which they had hoped 
 to escape. No sooner was the bill before Congress than a lobby was gathered in 
 its interest. It was a lobby of bad men, who had much influence with the Repub- 
 lican party. 
 
 THE WORK OF THE LOBBY. 
 
 When the bill was introduced, the powers conferred by it as to extension were 
 
 unlimited. The managers might set up branches of the bank anywhere within 
 
 the United States. The attempt was made to pass the bill through the Senate 
 
 without reading, but Mr. Buckalew called attention to the fact and said : 
 
 I have read the bill ; it is in proper form, and the only question is whether we ought to establish 
 such an institution outside the District of Columbia. 
 
 . After a short colloquy, Senator Powell of Kentucky said : 
 
 I find by the reading of that bill that it is a roving kind of commission for these persons fo es- 
 tablish a savings bank in any part of the United States, I think the bill is wholly unconstitu- 
 tional. I do not believe Congress has any right to establish a savings bank outside of the District 
 of Columbia. 
 
 Mr. Sumner thereupon agreed that the bill might be amended so that the bank 
 should be confined to the District of Columbia. This amendment was adopted by 
 the Senate, so that the bill passed by that branch of Congress confined the bank to 
 the District of Columbia. 
 
 The lobby seems to have followed the bill to the engrossing clerk's office, for it 
 was not engrossed as it passed the Senate. Some one was interested in securing 
 the roving commission of which Senator Powell spoke, and had power and influ- 
 ence enough to manipulate and change the bill while it was in the hands of the 
 clerks of the Senate. At any rate, when the bill reached the House the amenda- 
 tory words were not in it. 
 
 The following colloquy took place in the House on this subject: 
 
 Mr. Ganson: I would ask where this bank or association is to be located? 
 Mr. Eliot: In Washington City. 
 Mr. Ganson: It is not so stated m the bill. 
 
 Mr. Eliot: That is an error. Then I ask unanimous consent to insert after the words "body 
 corporate " the words " in Washington City, District of Columbia." 
 
HOW THE POOR FREEDMEN WERE SWINDLED. 379 
 
 No objection was made and the amendment was adopted. 
 
 Mr. Ganson: I think there should be among the corporators ttie name of some person in this 
 District. 
 
 Mr. Eliot: 1 move to amend by inserting the name of Salmon P. Chase among the trustees. 
 No objection was made and the amendment was accordingly agreed to. 
 
 The lobby was as potent in the House as in the Senate. The bill was sent back 
 to the Senate in precisely the same form as it had gone to the House from that 
 body. There was no allusion made to the amendments in the message from the 
 House ; there were no amendments in the body of the bill, which was signed by the 
 Vice-President and Speaker of the House. 
 
 THE BILL, THEREFORE, BORE ALL THE INDICATIONS OP FRAUD. 
 
 At the outset it was evident that dishonest people were eager for its passage, 
 and that they had been able to call to their assistance the committees on enrolled 
 bills and employees of both Houses of Congress. 
 
 Mr. Stenger said concerning the fraud that marked the passage of the bill : 
 
 "Again, this charter, as originally framed, contemplated the widest possible stBetch of territory 
 for the operaiions of the company. It did not mean to be liemmed in by any sort of inconvenient 
 limitations. Its missionaries were to be commissioned to go into alJ the States of the Union, 
 and, while proclaiming themselves as the deliverers of the bondmen and teaching the latter " to toil 
 and to save," to gather in their little savings, so that the Ring might have immense sums upon 
 which to speculate and grow rich. * * * * * * *,* * 
 
 The history of the legislation is interesting, not only as showing the extent of the powers conferred 
 upon the corporation, as understood by the Senate and House, but also as showing a juggle or 
 trick by which the charter was illegally procured, and the freedmen deprived of the services and 
 protection of one of their warmest and staunchest friends. It shows that the act was conceived in 
 fraud and brought forth iniquity. 
 
 FRAUD IN THE ORGANIZATION. 
 
 The motive for surreptitiously striking out the amendments confining the bank 
 to the District of Columbia were soon seen. The first act of the company was 
 to establish the bank or principal office at New York, This went even beyond 
 the charter as it passed, after its manipulation by the conspirators. The organi- 
 zation of the company was effected May 16, 1865. A branch bank was establish- 
 ed in Washington, August 1st, and during the year other offices were established 
 at Louisville, Ky., Richmond, Va., Nashville, Tenn., Wilmington, N. C, Hunts- 
 ville, Ala., Memphis, Tenn., Mobille, Ala., and Vicksburg, Miss. During the 
 course of its history other branches were established at Beaufort, S. C. , Jack- 
 sonville, Fla., Baltimore, Md., Alexandria, Va., Natchez, Miss., Newbern and 
 Raleigh, N. C, St. Louis, Shreveport, La,, Columbia, Ga., Lynchburg, Va., 
 Macon, Ga.. Lexington, Ky., Little Rock, Ark., Atlanta, Ga., New Orleans, 
 Norfolk, Va., Tallahassee, Fla., Philadelphia, Augusta and Savannah, Ga., and 
 Montgomery, Ala. These were intended to be feeders to the central concern, but 
 they were simply aids to the plunder of the freedmen. 
 
 The politicians and conspirators soon got possession of the institution. The 
 only man among the original trustees whose name is smirched by his connection 
 with the bank is James W. Alvord. It is unfortunate that the Bruce committee, 
 in its recent investigation, did not secure the testimony of tliis man concerning 
 the manner in which the charter was manipulated during its passage from one 
 House to the other. He did appear before the committee, but begged off because 
 he was then on his way to Colorado to advance to his two boys some " means " 
 with which to engage in speculations. That was the last of him so far as the 
 committee was concerned. How much of the "means " he was about to advance 
 he had gleaned from the toiling negroes of the South, he never explained. 
 
 This man was evidently the 
 
 ADVANCE PICKET OF THE ARMY OF PECULATORS, 
 
 for whose introduction into the management of the bank a way had been care- 
 fully prepared in the charter. The number of the trustees was fifty, and it was 
 
380 HOW THE POOR FKEEDMEN WERE SAVINDLED. 
 
 provided in the bill that if a trustee failed to attend a meeting of the board for 
 six months his place should be considered vacant, and a vote of any ten trustees 
 could fill the vacancy. James W. Alvord was an excellent man to take advan- 
 tage of this provision. The trustees had faith in him. He was corresponding 
 secretary of the bank, then vice-president and finally president. He was a pro- 
 fessional philanthropist, a kind of man who goes about doing good — for pay. He 
 had always been a friend of the negro, and had been connected with the Freed- 
 men's Bureau at different times as inspector of schools and finances, and again as 
 superintendent of schools. He claims to have been the originator of the bank. 
 Its management was left largely in his hands from the first, and, taking advan- 
 tage of the confidence reposed in him, he proceeded to carry out the original de- 
 sign of the institution. As soon as vacancies occurred in the board he secured 
 the election of the men, then the bright particular stars of the Republican party 
 in Washington, the future captains of hosts during the Grant administration and 
 members of the District Ring. 
 
 The proper kind of persons for his trustees being secured, the charter gave the 
 power of the board into the hands of a quorum of nine, and, more a^stonishing 
 still, only seven votes were required to make " any orders for, or authorizing the 
 investment of, any monej^s, or the sale or transfer of any stock or securities be- 
 longing to the corporation, or the appointment of any ofiicer receiving any salary 
 therefrom ' 
 
 THE LAW WAS FRAMED TO FACILITATE THE FORMATION OF A RING. 
 
 By another regulation the control of the assets of the institution was given into 
 
 the hands of even a smaller number of men. A finance committee of five trustees 
 
 was appointed 
 
 To exercise a general supervision and control of all the funds, securities and property of the 
 company— to direct as to the temporary deposit or loan of funds, and as to the investment thereof. 
 
 Three of this committee constituted a quorum, and these three, during the 
 years of the mismanagement of the bank, were three notorious members of the 
 District of Columbia Ring, men with whom Gen. Garfield had intimate personal 
 and political relations, and for his influence with whom he once received a bribe 
 of $5,000. They were Henry D. Cooke, atone time governor of the District, and 
 brother of Jay Cooke, W. S. Huntington, and Lewis Clephane. It was through 
 these men and J. W. Alvord that the swindling operations were conducted. 
 Huntington was cashier of the First National Bank of Washington, of which 
 Cooke was president, and was connected with the Metropolitan Paving Company. 
 Clephane was a member of the " District Ring" in a general way, and president 
 of the Metropolitan Paving Company. With these three of the finance committee 
 were Associated Le Roy Tuttle and J. M. Brodhead, but they left everything to 
 the " quorum." Tuttle was Assistant Treasurer and Brodhead Second Comptroller 
 of the Treasury Department. Their duties seem to have been confined to ratify- 
 ing anything done by their associates. They very seldom attended any of the 
 meetings of the finance committee, and when one of the three was absent, the 
 other two acted and took their decision to one of these faithless treasury officials 
 for ratification. 
 
 Everything being prepared for the business of fraud, the managers went to 
 work to secure deposits. The first and chief recommendation in the eyes "of the 
 negro was the name of Abraham Lincoln, signed to the charter of the bank. This 
 was taken advantage of by the Ring. At first a newspaper was published for 
 Southern distribution, and circulars sent out assuring the negroes that the man 
 
HOW THE POOR FREEDMEN WERE SWINDLED. 381 
 
 whose memory they cherished as their emancipator approved and fostered the 
 
 institution. The announcement was : 
 
 The whole institution is nnder the charge of Congress, and received the commendation and 
 countenance of the President, Abraham Lincoln; one of the last acts of his valued life was the 
 signing of the bill, which gave legal existence to this bank. 
 
 The intention was to deceive the negroes by making them believe that the bank 
 was under the care of the government. This is further borne out by the fact 
 that there was printed in the pass-book issued by the bank the following: 
 
 The government of the United States has made this bank perfectly safe. 
 
 This was as bald a case of lying as can be found. 
 
 THE EVIDENCE OF ANSON M. SPERRY 
 
 on this point will be found interesting. He was continuously in the service of 
 
 the bank during its existence. 
 
 Q. Do you know whether at Vicksburg, or any other branch, the inducement was held out to 
 depositors to deposit in that bank because it was a government institution ? A. I think it was. 
 Q. That inducement was made to Induce persons to deposit; that it was a government instiution, 
 
 and that the government was bound to the depositors ? A. Yes; I cannot say especially at Vicks- 
 „, " ighit ■" . " . " . " " 
 
 C^. Did they not represent that the deposits made by individuals would be guaranteed by the gov- 
 
 burg, though I tliink that that foolish policy was adopted there. 
 
 emment of the United States? A. I think they did, but I will qualify ray answer by saying that I 
 am not certain as to Vicksburg, though I think so; but of this I am certain, that you will find on 
 many of the pass-books of the New ifork branch these words, in English, French and German: 
 •' The government of the United States has made this bank perfectly safe." 
 
 In this way the confidence of the negro was gained. Gen. O. O. Howard, then 
 
 head of the Freedman's Bureau, organized simultaneously with the bank, added 
 
 Ms certificate, as follows : 
 
 I consider the Freedmen's Savings and Trust Company to be greatly needed by the colored 
 people, and have well earned it as an auxiliary to the Freedman's Bureau. 
 
 O O. HOWARD, Major-GeneraL 
 
 The Bruce committee, appointed last winter by the Senate to further investi- 
 gate the bank, finds that the bank was well managed till 1868. It was in that 
 year that the conspirators obtained full possession, and elected Alvord president. 
 They were storing up material for plunder, however, during these three years. 
 •Tracts touching on the beauties of frugality were distributed. Some of these 
 were in poetry, of which the following is a fair specimen : 
 
 'Tis little by little the bee fills his cell. 
 And little by little a man sinks a well; 
 'Tis little by little a bird builds her nest, 
 By little a forest in verdure is drest. 
 
 'Tis little by little great volumes are made; 
 Ehr little mountains or levels are made; 
 'Tis little by little an ocean is filled, 
 And little by little a city we build. 
 
 'Tis little by little an ant gets her store; 
 Every little we add to a little makes more; 
 Step by step we walk miles, and we sew 
 
 stitch by stitch; 
 Word by word we read books, cent by 
 
 cent we grow rich. 
 
 These artifices proved successful. The negroes deposited their little earnings 
 in the branch banks of the south, being told that they could draw them out at 
 any time. This was another deception, for the money was sent to the central 
 bank at Washington, whither it was removed in 1867. Deposits came in rapidly. 
 During the first ten months of its orginization 
 
 THE BANK RECEIVED DEPOSITS 
 
 amounting to $305,167. For the year ending March 1, 1867, the deposits were 
 $1,624,853.33; for 1868, $3,582,378.36; for 1869, $7,247,798.63; for 1870, $12,605,- 
 781.95; and for 1871, $19,952,647.36. When the bank was forced into liquida- 
 tion in 1874 the total deposits had reached $56,000,000; the amount paid out 
 
382 UOW THE POOR FEEEDMEN WERE SWINDLED. 
 
 was $53,000,000, leaving a balance of $3,000,000 due depositors, and of this $3,- 
 902,033.55 was due colored persons. The following payments on this have been 
 made by the commissioners in 1874 appointed to wind up the affairs of the bank: 
 November 1st, 1875, a dividend of twenty per cent, was declared. Of this about 
 $44,000 remains still unpaid. A second dividend of ten per cent, was declared 
 March 20th, 1878. About $40,000 of this remains unpaid. The commissioners 
 have on hand about half enough cash for another ten per cent, dividend, and a 
 bill has been introduced in Congress authorizing the sale of the real estate of the 
 bank in order that a final dividend of fifty per cent, may be paid. 
 
 SHAMELESS FKAUDS ON THE NEGRO. 
 
 Mr. Stenger, speaking of the losses by the negroes, said: 
 
 But these losses, important as they may seem (the losses at the branch banks), are utterly insig- 
 nificant compared with those sustained by reason of the irregularities and frauds practiced in the 
 principal office at Washington. Here it was that men intent on plunder found and tilled the richest 
 field. I venture the assertion that the history of all the banks in America does not disclose a rec- 
 ord of such shameless disregard of law and wanton violation of rights as does the history of the 
 ^)rincipal office of the Freedman's Savings and Trust Company. Here, in the American Congress, 
 '. anaiyn at the bar of public opinion the men who have heartlessly speculated uf>on, mic^used, 
 squandered and sunk tne hard earnings of a helpless race of people, whom they were hypocriti- 
 cally pretending to befriend. And I cannot but think it strange that successive Congresses, cer- 
 tainly large majorities of those who claim to be the only true friends of the colored people, should not 
 have taken sufficient interest in their welfare, and watched the operations of those in charge of this 
 company, so as to have prevented this terrible abuse of a sacred trust, and consequent shameful 
 plunder of the freedmen. The charter provided that the books of the corporation shall at all times 
 during the hours of business be open for inspection and examination to such persons as Congress 
 shall designate or appoint; but no such persons were appointed. This failure on the part of these 
 pretended guardians to exercise the necessary vigilance for the thorough protection of these 
 people is in the highest degree reprehensible. But when it is taken into account that tbP legisla- 
 tion enacted by Congress helped to facilitate the swindling operations of the ring, words are power- 
 less to express the enormity of their conduct. 
 
 Thus it will be seen, by the neglect of the first board of trustees to act, the 
 worst members of the District Ring got control of the bank, and by the influence 
 they had over Congress a legislation was procured which gave opportunity for 
 the methods of swindling which remain to be narrated. 
 
 The leading members of the Ring appear to have been H. D. Cooke, William 
 S. Huntington, Lewis Clephane, the three members of the finance committee who, 
 strangely enough, were the three who alone always had time to attend its meet- 
 ings, and who invariably constituted the quorum for the transaction of business; 
 D. L. Eaton and Geo. W. Stickney, the two actuaries. These were the "pals" in- 
 side the bank. The outside "pals" were Alexander R, Shepherd, Hallet Kil- 
 bourn, John O. Evans, J. V. W. Vanderburg, and some others. 
 
 The following paragraphs are submitted as illustrations of how shamelessly long- 
 established banking and business principles were disregarded ; how all sense of 
 responsibility and sacred trust was sunk in the mire; how individual honesty, per- 
 sonal honor, and official duty were swallowed up in the greed for gain; how 
 professional philanthropists proved to be as 
 
 WHITENED SEPULCHRES. 
 
 Henry D. Cooke was president of the First National Bank of Washington; he 
 was a member of the firm of Jay Cooke & Co. , the financial agents of the gov- 
 ernment, and he was president of the finance committee of the Freedmen's 
 Bank. William S. Huntington was cashier of the same National Bank. Among 
 the first business transactions of the "quorum" of which these two men made 
 the majority, was the making of the First National Bank the depository of the funds 
 of the Freedmen's Bank. This made it convenient for the National Bank to act 
 as the agent of the savings bank in making its investments. Consequently, 
 Messrs. Cooke and Huntington, acting for the Freedmen's Bank, negotiated with 
 themselves, as officers of the National Bank, for the purchase of the United States 
 
HOW THE POOR FREEDMEX WERE SWINDLED. 385 
 
 securities in which the law directed that the funds of the savings bank should 
 be invested. They thus secured some large commissions for the National Bank. 
 This was not illegal, perhaps, but it was certainly contrary to the spirit of the 
 charter and the purposes of the institution. 
 
 After Alvord became president, in 1868, the "quorum" had full swing. The 
 Cookes had on hand large "blocks " of Union and Central Pacific Railroad bonds, 
 and were looking about for a market. The Freedmen's Bank presented an op- 
 portunity for an easy swindle, for Henry D. Cook was an adept at negotiating 
 with himself. He made excellent bargains to buy of himself, but his prices were 
 high when he sold to himself as member of the finance committee, or rather of 
 the " quorum." 
 
 How to do it was the question ; how to overcome the difficulties of the statute 
 creating the savings bank; how to accomplish what the law prohibited. It was 
 the first time that the attempt had been made to commit such a flagrant violation 
 of the law, and the conspirators hesitated. There was no need of hesitation, how- 
 ever, as they afterwards discovered, for they had behind them a pliant majority in 
 Congress, willing to wink at all the iniquities that these saints of the Republican 
 church could commit. A meeting of the finance committee was called, and the 
 " quorum," Messrs. Cooke, Huntington and Clephane, pondered over the pro- 
 vision of the charter which directed that the funds of the bank should be invested 
 "in the stocks, bonds, treasury notes and other securities of the United States." 
 The board of trustees had left t^is question to be answered by these worthies, the 
 chief of whom had everything to make by answering it in the afflimative, and 
 everything to lose by saying "no." 
 
 Are Pacific Railroad bonds a security contemplated by the charter? 
 
 Mark the cunning of the answer. 
 
 Pacific Railroad bonds are not a security contemplated in the charter, but the government bonds 
 Issued to the company are within the meaning of the law. 
 
 In a short time afterwards investments were made in the government bonds of the 
 Union and Central Pacific Railroads. Henry D, Cooke, with an eye always in. 
 the main chance, made the purchases through his own firm, Jay Cooke & Co., 
 and again the " simple charity " over which he had such large control was made 
 the means of lining his purse with commissions. 
 
 The following is a list of the purchases of bonds following the decision just 
 
 referred to : 
 
 February 17th, 1869, Union Pacific $100,000 | June 8th, 1868, Union Pacific $15,000 
 
 April 30th, 1869, Union Pacific 200,000 June 23d, 1868, Central Pacific 40,000 
 
 May 4th, 1869, Union Pacific 50,000 | October 8th, 1868, Central Pacific .... 300,000 
 
 This shows a total investment of $705,000 in Pacific Railroad bonds within a 
 year. 
 
 THE FIELD FOR SWINDLING ENLARGED. 
 
 The bank thus entered upon a new field of investment. No great harm would 
 
 have come of it had the field not been still further enlarged. But the Cookes 
 
 and the "Ring" men had demonstrated their power and the weakness of their 
 
 opponents, and they saw their opportunity and proceeded to profit by it. It was 
 
 the first step away from and against the law — the first step in the direction of 
 
 permitting the "quorum " to manage the affairs of the bank according to their 
 
 own discretion and in opposition to the law, which soon entirely ceased to 
 
 govern them. The next inroad in the charter was the construction by the 
 
 " quorum " of the sixth section of the charter. That section was as follows: 
 
 And be it further enacted, that it shall be the duty of the trustees of the corporation to invest, a» 
 soon as practicable, in the securities named in the next preceding section, all sums received by 
 
384 HOW THE POOR FREEDMEN WERE SWINDLED. 
 
 them beyond an available fund, not exceeding one-third of the total amount of deposits with the 
 corporation, at the discreciou of the trustees, which available funds may be kept by the trustees to 
 meet current j)ayments of the corporation, and may, by them, be left on deposit, ac interest or other- 
 wise, or in such available foTyn as the trustees may direct. 
 
 Th(i object of this section was plain enough. The bank was to have on haixl 
 always a sum not too large, " not exceeding one-third of the total amount of de- 
 posits," with which to meet the current expenses. It was to be in cash, to be 
 something that could be kept on deposit and subject to sight checks. It was to 
 be available, whether it drew interest or not. Availability was to be its charac- 
 teristic, the evident intention being that the bank should always have on hand a 
 suflScient sum to meet its expenses and the daily demands of its depositors. If the 
 trustees did invest any part of this third, as they might under the charter, they 
 must have invested it in the stocks, bonds, treasury-notes and other securities of 
 the United States. There was no other subject of investment pointed at by the 
 law to which the trustees were bound to conform. 
 
 At this time the charter did not permit loans on real estate. It is a pleasure to 
 record that in this instance Henry D. Cooke did not at first countenance the viola- 
 tion of the law which is now to be decided. He gave his construction of the 
 statute in writing, and the opinion was spread on the minutes of the company. It 
 is as follows: 
 
 • My understanding of the clause is that it authorizes the leaving of a certain sum in deposit, 
 which deposit may draw interest or otherwise, but it must be always subject to check at sight; 
 and I think a careful reading of the clause will justify this interpretation. 
 
 MR. COOKE'S VIRTUE WAS SOON OVERCOME, 
 
 however, and at a meeting held at his banking house soon after this opinion was 
 
 written, the following entry was made on the minutes : 
 
 The question under consideration was the recommendation to the board of the right to loan, 
 under section 6, a portion of the idle funds now on deposit. 
 
 It was decided so to recommend. D. L. EATON, Actuary. 
 
 Then followed a most extraordinary scramble to throw away the hard earnings 
 of the freedmen in the most worthless securities. Some of these securities were 
 of a kind that no reputable banker would take, but they were such as are gener- 
 ally hawked about the street to be picked up, at exhorbitant rates of discount, by 
 the sharp-eyed gentry who do their business on the curbstones, or in underground 
 oflSces. In three weeks loans to the amount of $98,593.43 were made. Not a 
 single security, authorized by law, was taken by the finance committee in these 
 negotiations. 
 
 A NOTE AND VOUCHER-SHAVING BUSINESS. 
 
 In his testimony before the Bruce committee, Commissioner Creswell testified 
 that he found the " available fund" loans as "unavailable " as any in the posses- 
 sion of the institution, and Auditor G. W. Stickney testified as follows : 
 
 Q. What was this " available fund " business? A. It turned out to be very unavailable (laugh- 
 ing). It allowed that one-third the amount of the deposits should be invested by the trustees in any 
 "available fund." 
 
 Q. Yes; exactly. A. That was the decision of the finance committee that they had the author- 
 ity to do that. 
 
 Q. The bank discounted a good many pay-vinchers, government vouchers and vouchers of 
 the District of Columbia, belonj^ing to the clerks and employees of the government and of the 
 District, did it not? A. Yes, sir. 
 
 Q. That was out of this " available fund," was it? A. Yes, sir. 
 
 Q. Can you state what rate was usually charged, or whether there was a uniform rate for dis- 
 counting these pay-vouchers? A. I think that in ihe District vouchers they used to charge one per 
 cent, per month; and for the clerks in the department I think it was generally one or two per cent, 
 —I forget now which— two per cent. I think it was, for a while. 
 
 Q. About how much of that kind of paper remained in the bank at the time of the failure? 
 A. About a thousand dollars or so of the clerk's vouchers. 
 
 The ofllcers of the bank were then doing a note and voucher shaving business, 
 
 like a Chatham street pawnbroker, except that they had not half the shrewdness 
 
 that characterizes that thrifty race. 
 
HOW THE POOR FKEEDMEN WERE SWINDLED. 385 
 
 Among the securities taken by the bank for these loans, which still remain 
 unpaid, and most of them, probably, uncollectable, are certificates of the Auditor 
 of the Board of Public "Works to pavement companies, bills against the District 
 government, promissory notes of individuals, indorsed and unindorsed, secured 
 and not secured ; loans without any collateral whatever, pay orders, life insur- 
 ance policies, shares of stock of worthless corporations, shares in the Washing- 
 ton Sunday Capital newspaper, deeds of trust of property in distant cities, orders 
 on the Board of Public Works of the District; District eight per cent, bonds, stilt 
 unpaid, and checks. There is still due on this account $24,352.24, the total loans 
 from the available fund amounting to $303,875.46. 
 
 HELPING ALONG NORTHERN PACIFIC. 
 
 Not long afterwards the available fund was used to help along the Northern 
 Pacific, this time with Henr^^ D. Cooke's consent and at his instance, showing 
 that his former opinion was given largely for effect. The bank was made the 
 agent for the sale of Northern Pacific bonds m this way ; the bank to pay for the 
 bonds and sell them if it could, for which it was to receive a commission, and to 
 take the guarantee of Jay Cooke & Co. to buy them back within one year if not 
 sold. On the 7th of February, 1871, $50,000 of these bonds were bought for the 
 bank. After the transaction had been completed, and the bank was the absolute 
 owner of the bonds, the question was raised as to whether the bank had the 
 power to purchase them, i. e., whether it possessed the power to do what it had 
 already done. It was a shrewdly played game, a game in which the leading con- 
 spirators enacted their parts very skillfully, pretending to do with great reluctance 
 what they had long ago made up their minds to do. The proposition seems to 
 have greatly excited the board of trustees, for on May 3d it passed a resolution 
 " doubting the expediency of investing $50,000 in these bonds." On May 9th 
 Mr, Cooke, pretending to have carefully examined into the subject, made a 
 special report on it. He thus expresses the judgment of the finance committee 
 
 The second resolution as to the investment of the company m the bonds of the Northern Pacific 
 Railway: 
 
 In investing its available funds, the actuary found this state of facts* On the 7th of February, 
 the day on which this purchase was made, the lowest-priced six per cent. United States bond in 
 the market was the 5-20 coupon bond of 1865 or 1867, $1 09>^. This bond of 109»4 pays the investor 
 5 4-10 per cent., so that the Northern Pacific Railroad bond at 100 pays 73 -10 per cent., so that the 
 Northern Pacific Railroad bond is belter by l 9 JUper cent. 
 
 Further, the actuary, witb the consent of the finance committee and the board [of trustees | m 
 full session, bought the bonds lor sale, and the conditions were tbat we receive 3^ per cent com 
 mission in cash, and i^ per cent, in stock tor ail bonds aisposed of so that this company lealizes 
 actually in cash 5 4-10 per cent, more than on the best investment in government bonds; ana id ad 
 dition thereto, 3i^ per cent, in stock of the Northern Pacific Railroad Company for an bonas sold. 
 
 Tiie only question, ttierelore, is, are these bonds sale ? In answer to thib we show the written 
 pfuarantee of Messrs. Jay GooKe <fe Co to redeem tliem on demand at any time wiinin one year 
 from date of purchase, at same rates we gave for them. 
 
 It was these considerations of profit anci of safety abundant, as it seemed to the committee, 
 which led to the investment in question, anu they are stiii ot foice in their minds As to the other 
 statements of the resolution, touching the character of tht bona itseli fiameiy. that theioad is but 
 begun, and may not for years be able to pay any interest out of us earnings, we would respectfully 
 state that the [N P. R. R] company has already six hundred miies of r.oad in operation; that 
 nearly three hundred miles of tiack have been laid during the three hundred days wnich have 
 elapsed since the commencement of work upon the road; tnai the company is endowed by govern- 
 ment with a grant of land amounting to over fifty millions of acres, worth, at government rates, 
 over $150,000,000 from the sale of which ample provision is made lor ttiu payment of ihe mterest 
 and [the] principal of the bonds, in audition to the security given by the road, its equipments, and 
 all the property and franchise of the company. 
 
 Thus, for the third time, did Henry D. Cooke manage the Freedmen's Savings 
 and Trust Company, and make use of the money of the negroes, lately in slavery, 
 for the purpose of lining his own purse. He was directly interested in the sale 
 to the bank of these Northern Pacific Railway bonds, and he and his firm made 
 money from it. When the head of the " quorum " is found to be such a man, its 
 decision concerning the use of the "available fund," and the manner in which it 
 invested iu worthless, and wildcat securities will not be wondered at. 
 
.386 HOW THE POOR FREEDMEN WERE SWINDLED. 
 
 THE DOOll FOR STEALING WAS OPENED WIDER 
 
 in 1870 by the passage of an amendment to the charter. The Republican major- 
 ity in Congress was not satisfied with the stealing their rascals in the District 
 Ring and in charge of the freedmen's banks had accomplished. They thought 
 they ought to have more latitude ; that they should not be confined in their invest- 
 ments to the "stocks, bonds, treasury notes and other securities of the United 
 States." Grant was in power, and the "boys" who had formerly been known 
 only as the heads of the District government, were now potent with the national 
 administration. 
 
 It is interesting to note, in passing, that these same "boys," now somewhat 
 older, who made the District Ring and the Grant administration odious by their 
 connection with them, and who went to Chicago to help nominate Grant because 
 of what he did for them in the old days of the " Ring," are about the only Grant 
 -men who are pleased with Garfield's nomination. They like Garfield "because 
 lie is a friend of the District " — friendship to the District meaning, with them, 
 the cherishing of the contractors at the expense of the taxpayers. This is especi- 
 ally significant, in view ^r the DeGolyer charge against Gen. Garfield. 
 
 The amend ating act, among other things, authorized the board of trustees to 
 Invest the funds of the bank " to the extent of one-half in bonds or notes, se- 
 cured by mortgage in real estate in double the value of the loan. " 
 
 March 21, 1870, Mr. Cook, an ex-reverend scoundrel, who was the subservient 
 tool of Huntington and Shepherd, and served them well a year later in the pas- 
 sage of the act creating the District Ring government, introduced a bill to amend 
 the charter of the Freedmen's Saving and Trust Company. In April Cook re- 
 ported from the Committee on the District of Columbia a substitute to his bill, 
 which authorized the bank to loan money on real estate. This substitute was 
 forthwith passed without a word of discussion, without a single inquiry or 
 suggestion. There was not even a formal vote. The Speaker asked the ques- 
 tion: "Is there objection?" There was none; he declared the bill passed. 
 
 In this way the money of the f reedmen was placed at the disposal of the man- 
 agers of the bank and their outside "pals," who, in the language of the thieving 
 fraternity, were working everything in the district for all it was worth. The 
 thousand and one schemes of public improvement and private speculation that 
 brought ruin to those engaged in them, brought also ruin to thousands of helpless 
 and confiding negroes, trusting in those whom they looked upon as their deliv- 
 erers from slavery only to be deceived and robbed by them. 
 
 THE "SENECA SANDSTONE COMPANY." 
 
 It was this notorious swindle that reaped the first benefit from the new act. 
 Within twelve days after the passage, Henry D. Cooke and W. T. Huntington 
 made a loan on the second mortgage bonds of the Maryland Mining and Manu- 
 facturing Company, better known, as the Seneca Sandstone Company. Hunting- 
 ton and Cooke were both stockholders of the company, and thus directly violated 
 the twelfth section of the charter, which provided that 
 
 No president, vice-president, trustee, officer or steward of the corporation shall, directly or indi- 
 rectly, borrow the funds of the corporation or its deposits, or in any manner use the same except 
 to pay necessary expenses under the direction of tlie board of trustees. 
 
 This company was organized upon an investment made by Henry D. Cooke, 
 Henry H. Dodge and John L. Kidwell, in a tract of land containing six hundred 
 acres, situated in Montgomery county, Maryland. The purchase price was 
 $70,000, and the cost of the improvements made upon it was $50,000. The land 
 contained quarries of Seneca sandstone, and a charter was procured from the 
 state of Maryland. Five thousand shares of stock were issued of the par value 
 of $100 The following is a list of the original stockholders of the Maryland 
 IBVeestone Mining and Manufacturing Company: 
 
HOW THE POOR FEEEDMBN WERE SWINDLED. 
 
 38* 
 
 DATES. 
 
 No. of Cer- 
 tificates. 
 
 No. of 
 Shares. 
 
 NAMES. 
 
 November 21, 1867 
 
 1 
 2 
 3 
 4 
 5 
 6 
 
 8 
 9 
 10 
 
 930} 
 
 734 ( 
 930) 
 733 f 
 930 » 
 
 735 f 
 
 sf 
 
 2(. 
 3f 
 
 Henry D. Cooke 
 
 (( 4« i» 
 
 (( « <( 
 
 John L. Kidwell 
 
 <( it <« 
 
 M (( <( 
 
 Henry H. Dodge 
 
 (( «J «J 
 
 .( <c « 
 
 J. Heath Dodge 
 
 (i (( (I 
 
 (( (( « 
 
 
 (( «4 U 
 
 Thomas Anderson 
 
 
 
 Total 5,000 
 
 The original stockholders made it their business to secure the names of leading 
 men in Washington, both in civil and military and naval circles, as shareholders 
 in this company. The object was to fill Washington full of public and private 
 buildings built of Seneca sandstone. 
 
 The following is a list of the stockholders as they appear at present, and as they 
 were transferred by Messrs. Cooke, Kidwell and Dodge. It will be seen from this 
 how successful were these gentlemen in placing their stock where it would do the 
 most good : 
 
 LIST OF STOCKHOLDERS AS THEY AT PRESENT APPEAR UPON THE BOOKS, AND AS 
 THEY WERE TRANSFERRED BY MESSRS. COOKE, KIDWELL AND DODGE, SUBSE- 
 QUENTLY. 
 
 Date. Najnes and Shares. 
 
 Date. Names and Shares. 
 
 Nov. 22, 1867, B. B. French 200 
 
 Nov. 22, 1867, William H. Seward 200 
 
 Nov. 22, 1867, U. S.Grant 200 
 
 Nov. 22, 1867, J. K. Barnes 200 
 
 Nov. 22, 1867, Caleb Cushins. 200 
 
 Jan. 21, 1870, U. S. Gkant (divM) 120 
 
 Jan. 21, 1870, Caleb Cnshing (div'd) 120 
 
 Jan. 21, 1870, B. B. French (div'd) 120 
 
 Jan. 21, 1870, E. B. Washbume (div'd) 120 
 
 Jan. 21, 1870, R. J. Dobbins 240 
 
 J an. 21, 1870, W. S. Huntington 60 
 
 Jan. 17, 1868, E. Washbume 100 
 
 May 5, 1868, E. B. Washbume 100 
 
 May 2, 1868, R. J. Dobbins 200 
 
 March 1, 1870. R. J. Dobbins 40 
 
 Oct. 20, 1869, F. T. Dent (div'd) 100 
 
 April 30, 1870, F. T. Dent, (div'd) 40 
 
 Oct. 20, 1868, Mrs. H. L. Dent (div'd) 100 
 
 April 30, 1870, Mrs. H. L. Dent (div'd) 40 
 
 Dec. 3, 1868, W. S. Huntington 100 
 
 Feb. 28, 1870, Caleb Cushing 3 . 
 
 April 14, 1874, J. K. Barnes 60 
 
 Jan. 2, 1869, W. B. Love 3 
 
 Jan. 21, 1870, Wm. B. Love 1. 
 
 Jan. 2, 1869, C. H. Hayden -30 
 
 Jan. 21, 1870, C. H. Hayden , 21 
 
 Feb. 17, 1869, J. A. Wills 100 
 
 Jan. 21, 1870,J. A. Wills 60 
 
 Jan. 25, 1869, W. B. Boggs 100 
 
 Jan. 21, 1870, W. B. Boggs 60 
 
 June 25, 1869, J. L. Kidwell 544 
 
 Oct. 31, 1869, J. L. Kidwell 2 
 
 April 14, 1874, J. L. Kidwell 217. 
 
 July 13, 1869, E. D. Townsend 50 
 
 Jan. 21, 1870, E. D. Townsend 30 
 
 July 13, 1869, Robert Williams 1.50 
 
 Jan. 21, 1870, Robert Williams 90 
 
 Jan. 21, 1870, H. R. Hubbard 120 
 
 June 2, 1870, H. R. Hubbard 100 
 
 June 2, 1870, H. R. Hubbard 100 
 
 Feb. 2, 1870, H. D. Cooke 468 
 
 Sept. 27, 1870, H. D. Cooke 235 
 
 April 15, 1871, H. D. Cooke 80 
 
 Jan. 20, 1873, H. D. Cooke 160 
 
 May 20, 1873, H. D. Cooke 46 
 
 Aug. 27, 1873, H. D. Cooke 100 
 
 Jan. 2. 1874. H. D. Cooke 2 
 
 Feb. 28, 1870, J. C. Kennedy 75 
 
 March 1, 1870, J. C. Kennedv 80 
 
 Feb. 2, 1872, J. C. Kennedy 25 
 
 Feb. 2, 1872, J.C.Kennedy 20 
 
 Feb. 2, 1872, J. C. Kennedy. 20 
 
 Feb. 2, 1872, J.C.Kennedy 10 
 
 March 9, 1870, Joseph L. Savage 80 
 
 March 30, 1870, Mrs. M. W. Lynde 40 
 
 Aug. 18, 1870, Wyman Crow and Ed. C. 
 
 Cushman 160 
 
 \ Dec. 1, 1870, H. A. Risley 150 
 
 ! Dec. 19, 1870, Thomas B. Bryan 320 
 
 I March 12, 1872, Thomas B. Bryan 40 
 
 : March 24, 1871, J. W^. Pilling 10 
 
 I March 24, 1871. J. W. Pilling 10 
 
 I March 24, 1871, J. W. Pilling.^ 10 
 
 March 24, 1871, James C. Pilling 10 
 
 April 12, 1871, Mrs. Chr. L. Burnett 160 
 
 I April 12, 1871, N. W. Burchell 10 
 
 I April 13, 1871, Lewis Johnson & Co 50 
 
 ; July 22, 1871, Riley A. Shinn 100 
 
 ' Dec. 12, 1871, Charles A. Nichols 50 
 
 March 12, 1872, Mrs. Maria V. Brown 125 
 
 March 12, 1872, R. T. Merrick 2 
 
 March 12, 1872, W. P. Mattingly 2 
 
 March 15, 1872, W. G. Metzeroit & Co. . . . 2 
 
 March 22, 1872, Watkins Addison 5 
 
 March 22, 1872, Watkins Addison 5 
 
 March 22, 1872, Charles E. Mix 5 
 
 March22, 1872, R. P. Dodge 8 
 
 March 28, 1872, J. V. N. Huyk 1 
 
 Dec. 21, 1872, J. V. N. Huyk 3 
 
 April 3, 1872, Evan Hnghes 2 
 
 Nov. 13, 1872, Evan Hushes 12 
 
 May 9, 1873, Evan Hugh^es 14 
 
 Dec. 19, 1872, A. H. Seward 80 
 
 Dec. 19, 1872, F. H. Seward 80 
 
 Dec. 19, 1872, William H. Seward 80 
 
 Dec. 19, 1872, Olive Risly Seward 80 
 
 Jan. 6, 1873, Francis Dodge 9.3 
 
 Jan. 20, 1873, George Peter 4 
 
 May 9, 1873, Huyk & Addison 12 
 
 Aug. 22, 1873, J. H. Cochrane 80 
 
 Aug. 22, 1873, Enoch Totten 50 
 
 Aug. 22, 1873, Enoch Totten 50 
 
 April 14, 1874, F. W.Jones 10 
 
 May 26, 1874, Edwin ;M. Sems (trust estate 
 
 of Jay Cook & Co.) 400 
 
 April 14, 1874, J. W. Alvord 10 
 
 Nov. 10, 1874, W. V. Brown, Jr 4 
 
388 HOW THE POOR FREEDMEN WERE SWINDLED. 
 
 HOW GRANT GOT IN — HOW THE FREEDMEN's MONEY WENT. 
 
 It will be seen from this list that these gentlemen obtained subscriptions for 
 the stock from several influential people. The President of the United States 
 was a member of the Goodby Company, and the ex-Secretary of State, the Sur- 
 geon and Adjutant-General of the Army, and a host of others more or less intim- 
 ately connected with the administration. Whether they were all in the same 
 boat with Gen. Grant or not is not known. Although he permitted this swindling 
 company to advertise that he had invested $20,000 in its stock, he had not paid a 
 single cent. To quote from a report made by the correspondence of the New 
 York Journal of Commerce: 
 
 Your correspondent has authority that can be relied on for the statement that Gren. Grant 
 never invested a dollar in the stock of the Seneca Sandstone Company, although his name ap- 
 peared in the list of stockholders, and he voted by proxy in business meetings. Henry D. Cooke 
 went to Gen. Grant and asked him to subscribe to the stock of the company. The general replied 
 that he had not at that time any money he could spare for the investment. Mr. Cooke then re- 
 quested the privilege of carrying 320 shares of stock for him. The request was granted. And that 
 is how the late President of the United States came to own $32,000 of Seneca Sandstone stock. 
 
 The first loan by the bank to this concern was made in the face of a resolution 
 
 passed by the board of trustees as follows : 
 
 Resolved, That the company ought not to loan its funds upon mining and manufacturing stocks 
 or bonds; and that the loan of that nature now existing ought to be called in as soon as it may be. 
 
 Again, as in the case of the purchase of the Northern Pacific bonds, Henry D. 
 
 Cooke was ready with his report, which was as follows : 
 
 First resolution: The Committee beg leave to state respectfully that with the general proposi- 
 tion in this resolution they are in full accord. This case is, however, exceptional. First (m that) 
 the Maryland Mining and Manufacturing Company is a well-known and solvent company, estab- 
 lished and doing business in this city; its business is profitable: it is earning dividends, audita 
 stocks and bonds are both well-known and have ready sale in this market; that it has real estate 
 to the amount of six hundred acres of land, the farm thus constituted being one of the most pro- 
 ductive and profitable in the state of Maryland. 
 
 The machinery and buildings in use as their works have cost over $200,000, and the latter would 
 sell for three-fourths of its original cost for use in any other quarry, even if it [they] were no longer 
 needed for this: that the fifty-seven thousand dollars' worth of bonds of this company, which are 
 held as collateral for this loan of the Freedmen's Savines and Trust Company ($"27,000), are really 
 a first-mortgage bond, secured upon all this real estate and other property; that the whole issue of 
 bonds is not equal to more than one-third [of] the value of the property, and therefore the loan 
 itself comes fully within the stipulation of the charter of the bank, to wit: a loan on real estate to 
 the extent of one-half the value thereof; or, even if this were not true, the loan comes fully and 
 abundantly within the resolution unanimously adopted by the board May 12, 1870, touching the 
 " available fund," that it shall be loaned "only on collateral of government or railway bonds, or 
 other securities of a marketable value of at least 10 per cent, more than the loan. The marketable 
 value of the bond held here as collateral is at least double the loan. * * * Further, the 
 quarry of this company is furnishing the stone from which the banking-house of this savings com- 
 pany is erecting. It employs constantly about three hundred colored men in its works and in this 
 city, and it is in these respects an institution kindred with the bank; their interests are mutual. 
 Those who from week to week and month to month watch over and strive to direct the best use of 
 the freedmen's money in the bank are those who also afford them this field of valuable and profit- 
 able labor." 
 
 All thi s was untrue. 
 
 July 25th, 1870, the bank bought of the company $20,000 of its first mort- 
 gage bonds at 90 cents, when they could not be sold on the street for 50 cents ; 
 not a dividend had been paid by the company since its organization in 1867, ex- 
 cept in watered stock. 
 
 The following is the statement of George W. Stickney, actuary, concerning all 
 the transactions of the bank with this company : 
 
 ACTUARY STICKNEY'S STATEMENT. 
 
 Washington, D. C, Nov. 6, 1878. 
 J. M. Langstok, Esq., Chairman Special Committee : 
 
 At your request I would make the following statement as to transactions had by this company 
 with the Maryland Mining and Manufacturing Company and with Me-^srs. Kilboum & Evans: 
 
 First. As shown by the books of the company, May 18, 1870, $4,000 were loaned to said Mary- 
 land Freestone and Mining Company, secured by $10,000 of their second mortgage bonds. 
 
 Second. July 25, 1870, the Freedmen's Savings and Trust Company bought of said Maryland 
 Freestone and Mining Company $20,000 of their first mortgage bonds at ninety, with the verbal 
 nnderstandiug that the company would take said bonds back from the hank at par after two years. 
 
HOW THE POOR FREEDMEN WERE SWINDLED. 389 
 
 Third. July 17, 1871, a further loan was made of the Freedmen's Savings and Trust Company 
 by said mining company of $27,000, secured by $49,000 second mortgage bonds of the same as col- 
 lateral. This statement shows that up to January 2, 1872, the bank held of second mortgage bonds 
 of the Maryland Mining and Manufacturing.Company $59,000, and $20,000 of the first mortgage. 
 
 Fourth. On January 2, 1872, as shown by the books, the transactions as between the bank and 
 said company were settled, said company at that date being in debt to the Freedmen's Savings and 
 Trust Company for cash loaned. 
 
 First. Loan of May 18, 1870 $4,000 00 
 
 Second. Loan of July 25, 1870, beingj amount paid for twenty first mortgage 
 
 bonds 18,000 00 
 
 Third. Loan of July 17, 1871 27,000 00 
 
 Fourth. Interest due on above loans December 30, 1871 : 2,785 73 
 
 Total due Freedmen's Savings and Trust Company $51,785 73 
 
 At this date, according to the books of this company, a transaction covering chis whole matter 
 was had with Messrs. Kilbourn & Evans, whereby their notes were given for $50,000, payable six 
 months after date and secured as follows, namely : Twenty-four shares American Dredging Com- 
 pany, Philadelphia, Penn., $2,400; seventy-five shares Metropolitan Paving Company stock, 
 100 par value, $7,500; one thousand shares market-house stock, 50 par value, $50,000; forty shares 
 National Metropolitan Life Insurance Company, $2,000; one hundred and fifty bonds Maryland 
 Mining and Manufacturing Company, $509 each, $75,000; and payment by the Maryland Freestone 
 Mining and Manufacturing Company of $1,785.73 on account of interest. This payment was 
 made by check on the First National Bank, signed by C. W. Hayden. treasurer. 
 
 G. W. STICKNEY, Actuary. 
 
 CHEATrNG THE BANK OUT OF $20,000. 
 
 The next transaction was to cheat the bank out of the $20,000 of first mort- 
 gage bonds held by it. This was done by means of a substitution and colorable 
 loan to Hallet, Kilbourn and John O. Evans. Ostensibly this transaction was for 
 another and no less culpable purpose. The Seneca Sandstone Company was 
 always a suspected corporation, and the public, and especially that portion of it 
 interested in the fortunes of the freedmen, began to clamor about the connection 
 of the bank with it. The newspapers had grown suspicious, and an investigation 
 of the concern began to be demanded. To quiet the apprehensions of those 
 whose money was at stake and the clamors of the press, a disreputable agreement 
 was resorted to for the purpose of deceiving the public. The transaction with 
 the Sandstone Company became a business arrangement with Messrs. Evans & 
 Kilbourn, and the following agreement was entered into: 
 
 HOW IT WAS DONE. 
 
 Ofpice op the Commissioneks op the Freedmen's Savikos akd Trust Company, } 
 
 Washington, D. C, December 30, 1873. f 
 The Freedmen's Savings and Trust Company have thia day made q, loan to John O. Evans and 
 Hallett Kilbourn of $50,000, upon the following-described securities as collateral to their note : 
 $2,400 stock American Dredging Company, Philadelphia ; $2,000 Metropolitan Insurance Company 
 stock, Washington, District of Columbia ; $75,000 Maryland Freestone Manufacturing and Mming 
 Company 6 per cent, gold bonds, Montgomery county, Maryland ; $7,500 Metropolitan Paving 
 Company stock, Washmgton, District of Columbia ; $50,000 Washington Market House etock, 
 Washington, District of Columbia. Said note is payable eix months after date, with 10 per cent, 
 interest ; a: i in case said Evans and Kilboum's note shall not be paid as it becomes due, then it is 
 fully agreed that the Freedmen's Savings and Trust Company Bhall keep the $75,000 bonds of the 
 Maryland Freestone Manufacturing and Mining Company as full pajTnent of said note and interest, 
 and surrender to said Evans and Kilbourn the other securities above enumerated (save and except 
 the $75,000 bonds of the Marj'land Freestone Manufacturing and Mining Company), together with 
 their note. D. L. EATON, Actuary. 
 
 Approved : 
 
 L. CLEPHANE, 
 
 WM. S. HUNTINGTON, 
 
 L. B. TUTTLE, 
 
 Finance Committee. 
 
 In some mysterious way that it is difllcult for honest men, unfamiliar with the 
 intricacies of fraudulent banking, to understand, the bank finally became pos- 
 sessed of $95,000 of second mortgage bonds which are not worth a cent, and were 
 not at the time they were taken as security for the loan of $51,785.73, which, 
 with interest, now amounts to $90,000 or $100,000. 
 
 THE COMMISSIONERS APPOINTED WOULDN'T PROSECUTE THE ROGUES. 
 
 When the three commissioners were appointed to take charge of the business 
 of winding up the affairs of the Freedmen's Bank, two were appointed for politi- 
 
390 HOW THE POOR FREEDMEN WERE SWINDLED. 
 
 cal reasons — ex-Postmaster-General John A. J. Creswell and C. B. Purvis — and 
 and a third, R. H. T, Leipold, because he was a skilled accountant, then in the 
 employ of the Treasury Department. The manner in which the two politicians, 
 one of them Purvis, himself a colored man, treated the men who had swindled 
 the freedmen is shown by the following testimony, taken before the Bruce Com- 
 mittee, concerning the means taken to recover the amounts lost by reason of the 
 swindling transactions with the Seneca Sandstone Company. Concerning this 
 Mr. Leipold testified as follows : 
 
 Mr. Leipold : Well, I think it was finally developed some time in 1875 —the winter of 1875, 1 
 think. This conversation took place some time in the winter of 1875-76, After having a consulta- 
 tion with Colonel Totten, I went back to the bank and wrote a note to the other commissioners, 
 which I have here. This is the original note that I wrote (producing the original). I see by the 
 date that there must be some mistake as to the time. This was written in the summer of 1876, in 
 July. (Reading :) 
 
 Office of the Commissionbks op the Freedmkn's Savings and Trust Company, | 
 
 Washington, D. C, July.21, 1876. j 
 To Messrs. Creswell and Purvis, Commissioners : 
 
 It having been shown, through some testimony taken in the suit against A. Langdon, that a num- 
 ber of deposit accounts were paid by the company after its suspension, June 29, 1874, especially one 
 of Sl-000 to R. W. Tompkins, Colonel Totten suggests that suits should be brought for the recovery 
 of all such moneys. 
 
 Colonel Totten also expresses it as his opinion that the trustees, and especially the members of 
 the finance committee who approved what is known as the secret agreement in the Seneca Stone 
 loan, can be held personally liable for the amount of said loan. Such being the case, it seems to 
 me some definite action ought to be taken at once looking to a recovery of these moneys thus 
 illegally paid out and invested. 
 
 J favor immediate action, and that the whole matter be turned over to Mr, Totten, with instruc- 
 tions to make a careful examination of the law bearing on these cases, and if he should find that th6 
 law sustains his opinion, he should be directed to proceed at once to the recovery of the several 
 amounts. 
 
 R. H. T. LEIPOLD, Commissioner. 
 This note is indorsed as follows : 
 
 This matter had best lie over until it can be presented to all the commissioners, Mr. Pmris being 
 now absent from Washington. 
 July 27, 1876. JOHN A. J. CRESWELL. 
 
 Also (in pencil memorandum) : 
 This paper was on Mr. Purvis' desk until April 15, 1879, and never acted on. 
 
 B. L. 
 
 LETTER ADVISING ACTION LAID OVER. 
 
 Mr, Leipold (resuming) : I put this communication, as I did every matter of importance in- 
 volving an exercise of discretion, on Mr. Purvis' desk. I did that on the 21st of July, 1876. On 
 the 27th of July, 1876, Mr. Creswell indorsed this paper : "This matter had best lie over until it 
 can be presented to blithe commissioners, Mr. Purvis being absent from Washington." This 
 paper then lay on Mr. Purvis' desk from that time until the 15tli of April, 1879. 
 
 By Mr. Gordon: Q. And what was the year when it first laid there ? 
 
 A. In 1876. No action in writing was ever had on this subject by Commissioner Purvis. The 
 matter was discussed between us as to the propriety of this thing, and Mr. Purvis was inclined to 
 apologize for the board of trustees, both in this case and in a great many other cases, so that no 
 united action could have been had against the board of trustees. In this connection, the Secretary 
 of the Treasury, Mr. Bristow, sent for me to bring over these original papers. I do not know 
 whether this was before or subsequent to this discussion of the matter. I took these papers to him: 
 he looked at them and said : "Is this ourMr. Tuttle?" Mr. Tuttle was then Assistant-Treasurer 
 of the United States. I said, "Yei*." He seemed to be very much surprised at it, and expressed 
 himself to the effect that he could not have any such man in his department— a man who would 
 sign such an agreement as that. I had known Mr. Tuttle for a number of years, and did not believe 
 that Mr. Tuttle would affix his signature to such a paper, if he knew the contents of it, and I told 
 Mr. Bristow so. His reply was that no man had a right to put his name to a paper of that kind 
 without knowing what was in it. And the result was that Mr. Tuttle left the department. Mr. 
 Purvis has abused me once or twice in this case, because I have made known that thing— he taking 
 the ground that gratitude on my part to this man who had elected me as commissioner ought to 
 make me lieep quiet on the subject. I do not know that that was exactly his language, but I Know 
 that "gratitude " was the word he made use of, that " common gratitude to those men oughtta 
 have prevented me from prosecuting them," or words to that effect. Of course, no other action 
 has been taken as against the trustees in that matter. 
 
 WENT AFTER THE BANKRUPT COMPANY. 
 
 By Mr. Withers: Q. No action ? A. I was about to say that we did proceed to some extent. I 
 presented the coupons of the Seneca Sandstone Company's bonds we had in the bank, had them 
 protested for non-payment, and then instructed the trustees to foreclose the mortgage. A bill was 
 filed on behalf of the Freemen's Bank and other parties to have the property sold, and the property 
 itself is now in litigation. That was all the action that was taken by the commissioners. I want 
 to say here, that in some conversations which took place last summer about the violation of the 
 charter by some of the trustees Mr. Purvis notified me that if I attempted to hold tliese men up 
 to the ridicule of the community, I would find that they would defend themselves; and I replied to 
 
HOW THE POOR FREEDMEN WERE SWINDLED. 891 
 
 him— and I think It was in the presence of Mr. Creswell— that I had no fears on that score; that 
 whatever facta they knew they were welcome to bring out; I did not care anything about it. 
 
 By Mr. Garland: Q,. After you read that letter, you stated, I believe, that you had some consulta- 
 tions with the other commissioners from time to time? A. Yes. 
 
 6. And you agreed upon no definite course of action? A. No sir, not as against the trustees. 
 
 Q. Well, j'ou gave Mr. Totten or your attorney no instructions to bring suit? A. No, sir. 
 
 •. MR. CRESWELL'S LAME EXCUSES. 
 
 Mr. Creswell testified about his unwillingness to prosecute these dishonest 
 officials in the following unsatisfactory way: 
 
 Mr. Creswell : I do not remember. 
 
 The committee will obsepe that the finance committee had approved this transaction; itis signed 
 by L. Clephane, William S. Huntington and L. Tuttle. My opinion was, to recover against them 
 we would be obliged to show in court that they had proceded corruptlj^. I knew Mr. Tuttle by 
 reputation; I had heard his statement about the transaction, and I did not believe that we could 
 succeed in fastening upon him any such imputation. Huntington was dead, and Mr. Clephane, I 
 believe, I did not know; I do not believe that I had ever met him more than casually; and that wa» 
 the reason why I hesitated in authorizing that proceeding. Of course, we could not reach Mr. 
 Huntington, he being dead, nor could we reach the others, except by showing improper and corrupt 
 motives. 
 
 Mr. Leipold: The points in the case are somewhat different from those stated by Mr. Creswell. I 
 addressed a letter directing the trustees named in the mortgage to proceed to sell the property under 
 the mortgage covering the bonds. 
 
 By Mr. Garland: Q. A letter to whom? 
 
 Mr. Leipold : A letter to Joseph T. Brown, who was trustee in the mortgage securing these 
 bonds. And this Joseph T. Brown about the same time received another communication, from an 
 opposing interest, requiring him to proceed to the sale of the property under the first mortgage 
 bond ; and although our letter reached him first, he nevertheless proceeded under the first mortgage 
 bond, and it was subsequent to that we were brought into the courts about it. 
 
 Adjourned to Thursday, January 22, 1880. 
 
 IT WAS ALWAYS THUS WITH THE RING ROGUES. 
 
 Thus it is that throughout, from first to last, from the time the loan was made 
 till now — the bank is wound up — the Seneca Sandstone Company has been a bur- 
 den on the Freedmen's Savings and Trust Company. The managers of the 
 Freedmen's Bank were closely connected with the District of Columbia Ring. 
 Cooke was governor of the District and chairman of the notorious Board of 
 Public Works, which was under the control of Alexander R. Shepherd ; George 
 W. Balloch, of the examining committee of the bank; William S. Huntington, of 
 the finance committee ; Z. B. Richards, of the board of trustees, and D. L. Eaton, 
 actuary — these men were all connected in some official way "with the District 
 government. Huntington and Clephane, also of the finance committee, were 
 also connected with the Metropolitan Paving Company. The Board of Public 
 Works ran out of money and issued certificates, worthless unless Congress — with 
 whom the Ring was growing in disfavor, largely because the Republicans had 
 taken alarm at the rapidly-increasing strength of the Democrats — made appropri- 
 ations to pay them. On these certificates, perfectly worthless as securities, the 
 officers of the bank loaned the money of the freedmen. 
 
 D. L. Eaton, the actuary, was 
 
 BRIBED 
 
 with a half interest in a $100,000 sewer pipe contract with a Ring -contractor 
 named Vandenburgh, the transactions of whom, in connection with Shepherd 
 and others, brought ruin and hopelessness into the home and heart of many a 
 poor negro, his indebtedness to the bank standing at about $144,164.83. 
 
 Before going to the testimony concerning these public improvement swindles, 
 which Gen. Garfield so signally aided as Chairman of the Committee of Appro- 
 priations, it will be well to note that the "available fund" was scattered and 
 wasted among such rotten securities as the Metropolitan Paving Company stock 
 (worthless). Northern Pacific Railroad stock. Young Men's Christian Association 
 stock (worthless.) This loan was secured by the Christian financier, Henry D. 
 Cooke, and the Christian soldier. General O. O. Howard, Seneca Sandstone 
 Company bonds, shares of International Steamship Supply Company, Morris 
 
392 HOW THE POOE FREEDMEX WERE SWINDLED. 
 
 Mining Company stock, chattel mortgages on the furniture of the Arlington and 
 St. James hotels, state bonds of Virginia, city bonds of Philadelphia, shares of 
 Washington building associations, mortgage bonds of the Chesapeake and Ohio 
 Railroad Company, shares of the American Seal Lock Company, state of Florida 
 bonds, Detroit Car Loan Company stock, Columbia railroad stock, bonds of the 
 First Congregational Church, Second National Bank stock, District of Columbia 
 certificates, auditor's certificates, paving and curbstone tax, orders on the Board 
 of Public Works, orders on and acceptances of the treasurer of county schools, 
 life insurance policies, etc. As late as April, 1874, more than six months after 
 the failure of Jay Cooke & Co. , the bank made a loan and accepted as col- 
 lateral an assignment of a claim on that firm for $11,975. . 
 
 HOW THE RING ROGUES GOT THE MONEY. 
 
 The following extracts from Auditor Stickney's testimony will show the 
 manner in which the District Ring managed its financial transaction with the 
 bank: 
 
 Q. Do you know of any loan at any time made to Vandenburgh on the personal assurance of 
 Alexander R. Shepherd that it would be paid in a day or two? 
 
 A. That loan was not made to Vandenburgh. I recollect the transaction you refer to. It occurred 
 in November, 1873. I was away at the time (simply for the Saturday). Governor Shepherd and 
 Colonel Magruder came to Mr. Alvord and goc the loan of $50,000 on a $30,000 check on the First 
 National Bank, drawn by J. A. Magruder, treasurer, and on a $20,000 certificate of the Board of 
 Public Works, to be paid out of the first moneys that the board received when the appropriation 
 was mfide by Congress. I found out from Mr. Tuttle, the assistant treasurer, as soon as the check 
 was made for the amount of the appropriation, and the next morning, before the bank was opened, 
 I went to the First National Bank and deposited this $30,000 check, and got it placed to my credit 
 by Mr. Swayne, the cashier of the First National Bank. The $20,000 certificate ran along without 
 being paid until February or March, 1874. One day, as I was in the Metropolitan National Bank, 
 Mr. Moses Kelly said that the Board of Public Works wanted a loan of $35,000, and would give a 6 
 per cent, bond on the District of Columbia for it. Mr. Kelly was one of the finance committee at 
 the time, and he advised that the loan be made, saying that it was a good loan and the bonds were 
 good. The market price was then 85, and the bonds could be sold iu any amount for that. I told 
 film I was not willing to make that loan, unless the $20,000 certificate was included in it, and bonds 
 deposited enough to cover the $55,000. That was agreed to, and I made the loan of $35,000, and 
 took $65,000 in Donds to cover that loan and the $20,000 certificate, which made the amount, $55,000. 
 That ran along some time, something less than a month, when the whole amount was paid. Mr. 
 Vandenburgh had nothincr whatever to do with it, unless perhaps he got the money from the 
 Board of Public Works. The loan of $50,000 was made to Governor Shepherd by Mr. Alvord. 
 
 Q. What was the certificate worth at that time. A. None of the certificates or obligations of the 
 Board of Pablic Works were ever worth less than 85 or 90 up to that date. None of them brought 
 less than 80 or 85 until after the panic. That certificate was put into this new loan. 
 
 HOW SHEPHERD HELPED VANDENBURGH TO OTHEll MEN's MONEY. 
 
 Q. Did you never say to C. B. Purvis, or to any other person, that you had done one wrong 
 thing, and that was allowing that money to be paid to Vandenburgh on the personal pledge of 
 Shepherd. A. No, sir; I have no recollection of that. I know where Dr. Purvis got that idea. In 
 November, 1872, Vandenburgh came to me and wanted some more money— five or six thousand 
 dollars— to pay his men. I told him that he was so much indebted to the bank that I did not feel 
 like letting nim have any more money on the securities of the Board of Public Works, as other 
 people seemed to get their money and we could not. He said it was for Mr. Shepherd. I went to 
 Mr. Shepherd and he said, " If you allow Vandenburgh to have that amount of money now, you 
 shall have all that is due you paid up when we get the first appropriation; but if you let him have 
 any more, it will be your own lookout." I let him have about $5,000 on that occasion, and when 
 the appropriation was made I got $22,000 of him instead of some hundred and odd thousand, as was 
 promised: but as to any sum of $30,000, 1 know nothing about it. 
 
 Q. Did Mr. Shepherd agree that he would pay that money himself? A. No; he agreed that it 
 should be paid out of the first appropriation that the board got from Congress. 
 
 Q. And you got $22,000 instead of $100,000 ? A. Yes; there was due the bank from Vanden- 
 burgh and the Paving Company some $100,000, and we got about $22,000. 
 
 Q. You mean to say that when that loan of $5,000 was made, Mr. Shepherd said that you should 
 have the whole amount that had been loaned by the bank, which at that time was over $100,000? 
 A. Y''e8, sir. 
 
 Among the new facts brought out by Senator Bruce's committee was the fact 
 that the officers of the bank, especially Mr. Huntington, were in the habit of 
 loaning money to themselves in violation of the charter. Clephane also, another 
 member of the finance committee, was. in the habit of breaking the law. He 
 testified before the Bruce committee that he and Hallet Kilbourn at one time bor- 
 rowed $2,000 on Metropolitan Paving Company's stock. All these loans and a 
 number of others were made mainly on worthless securities, almost always on 
 securities not recognized by the bank's charter. 
 
 The notorious firm of Kilbourn & Latta, real estate brokers, was employed to 
 appraise the value of real property on which loans were solicited. Many of these 
 loans were secured by this firm as brokers, and the result was, as might have 
 been anticipated, the property was valued at about double its value, and it haa 
 been found impossible to realize the mortgage debts on much of it. 
 
HOW THE POOR FREEDMEN WERE SWINDLED. 
 
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 HOW THE POOR FREEDMEN WERE SWINDLED. 
 
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HOW THE POOR FREEDMEN WERE SWINDLED. 395 
 
 THE ROUTINE BUSINESS 
 
 of the bank was managed as might have been expected of a gang of plunderers. 
 The clerks did as they would without supervision. The institution was not a 
 business concern ; it was a means for easy plundering ; its accounts were not 
 subject to scrutiny, and it made no manner of difference that the books were 
 incorrect. Incorrect charges were made and proper credits were not given. The 
 consequence was that the books furnish no reliable evidence against any debtor 
 of the bank. 
 
 The following from Mr. Sperry's testimony before the Bruce committee will 
 throw light on the manner in which the regular routine business of the bank was 
 managed : He testified that the employees were all inexperienced persons, mainly 
 young colored men to whom the managers of the bank ostentatiously gave the 
 preference, while robbing the rest of the race. Perhaps it was as well for their 
 schemes that those about them should be inexperienced and ignorant. With 
 such guardians it was easy to mutilate the books and to tear out leaves contain- 
 ing^ damaging stories. 
 
 Being asked what were his duties in connection with the Washington branch 
 of the bank, Mr. Sperry answered : 
 
 A. I was put in there at vanous times, if possible, to straighten out the accounts, to organize the 
 business, and I did my best to do so. I had various persons to help me. The blunders simply ran 
 over me; that is all there is about it. I stopped the business once and opened a new set of oooks. 
 The new set of books was worse than the old set. I am reflecting on nobody, sir; I am simply 
 stating the facts. 
 
 Q. The blunders, you say, simply overwhelmed you? A. Yes, sir; they just overwhelmed me. 
 Why, you could not settle the cash any night. Sometimes they were from five thousand dollars to 
 five cents one way, and sometimes they were t'other way. Everybody felt like going out and 
 having a special oyster supper if the thing came out even. 
 
 Q. It was an exception, you mean, to have it come out even? A. That is what I mean, sir. Put 
 the actuary on the stand and ask him if he don't remember those times. 
 
 Q. When the account of cash was over or under, what did the officers of the bank do about it? 
 A. Oh, they did the best they could— opened a debit and credit account with the branch, and profit 
 and loss on the books of the principal office. If the cash was "over" we took possession of it. 
 When it was short we made it up. We always waited for something to turn up. 
 
 Q. That is, you transferred from one side of the account to the other? A. That is ;to say, we 
 would start the teller right in the morning anyhow, and keep an account of the errors and omis- 
 sions that might occur from time to time. Things were continually coming up. " Overs " were 
 accounted for generally by some deposit turning up that had not been properly entered on the 
 dei)08it journal. Then these things were so numerous that they have furnished your experts 
 legitimate occupation for some months, I understand, and they have not yet got the profit and loss 
 account cleared up, I see. 
 
 With such management and such dishonesty, is it any wonder that this Re- 
 publican institution for the benefit of the freedmen met with disaster, and its 
 poor dupes with ruin? 
 
 In 1874 the affairs of the bank were placed in the hands of three commissioners. 
 Their acts have been investigated by a committee of which Senator B. K. Bruce, 
 of Mississippi, was chairman. He has made a long and patient investigation, 
 and the testimony taken before his committee corroborates the story as already 
 told in these pages. It does more, for it makes certain that even in its winding 
 up the Freedmen's Saving and Trust Company and its poor creditors were still 
 the victims of unscrupulous politicians. Both Purvis and Creswell paid no more 
 attention to the affairs of the concern tj^an though they had never been employed 
 to look after the business at salaries of $3,000 per annum. Leipold alone did^is 
 work. 
 
 The following is a statement of the extraordinary cost this commission has 
 been to the bank: 
 
396 
 
 HOW THE POOR FREEDMEN WERE SWINDLED. 
 
 COST OF WINDING UP THE BANK. 
 
 Statement of the annual expenses attending the appointment of the Commission, and its management 
 of the business of the Freedmen's Savings and Trust Company. 
 
 Character of Expenditures. 
 
 Salaries of commissioners 
 
 Salaries of agents 
 
 Advertising, stationary, express- 
 age, postage and other ordinary 
 expenses 
 
 Attorneys' fees and costs 
 
 Rents 
 
 Expenses Incident to loans, insur- 
 ance, advertising, auctioneers' 
 fees, expenses of foreclosure, &c. 
 
 Expenses incident to the mainte- 
 nance of properties, insurance re- 
 pairs, fuel, gas, &c 
 
 Taxes and arrearages of taxes 
 
 Prior incumbrances 
 
 Miscellaneous expenses, premiums 
 on coin, over-payments refunded, 
 judgments against company, <fec. 
 
 Total annual expenditure 
 
 a <u 
 o « 
 
 $4,308 32 
 24,912 24 
 
 4,266 37 
 2,503 65 
 7,993 32 
 
 4,570 89 
 
 2,715 26 
 17,933 28 
 4,936 38 
 
 316 72 
 
 74,456 43 
 
 1875. 
 
 $9,000 00 
 17,046 91 
 
 4,539 17 
 7,306 74 
 1,238 00 
 
 6,279 89 
 
 9,675 37 
 
 14,387 90 
 
 572 26 
 
 1,511 09 
 
 71,557 33 
 
 1876. 
 
 $9,000 00 
 9,925 74 
 
 1,21717 
 10,362 99 
 
 10,596 92 
 
 10,035 23 
 
 26,691 95 
 
 6,379 27 
 
 85,37025 
 
 1877. 
 
 $9,000 00 
 5,054 92 
 
 63191 
 7,019 03 
 
 3,509 21 
 
 9,811 01 
 
 11,942 16 
 
 416 80 
 
 49 55 
 
 47,434 59 
 
 a 2 
 
 
 $8,250 00 
 7,289 76 
 
 1,106 
 4,186 
 
 3,279 91 
 
 7,907 
 
 7,780 
 
 76 
 
 01 
 
 57 96 
 
 39,935 04 
 
 Totals. 
 
 ^9,558 32 
 64,229 57 
 
 11,761 09 
 
 31,378 82 
 
 9,231 32 
 
 28,236 34 
 
 40,145 04 
 78,735 30 
 12,381 54 
 
 3,096 30 
 
 318,753 64 
 
 The following statements of transactions, not heretofore fully narrated, are 
 taken from the report of the Bruce committee : 
 
 J. C. KENNEDY LOAN. 
 
 A loan was made to J, C. Kennedy, March 27, 1872, for $12,000, on $20,000 second-mortgage 
 bonds of the Seneca Sandstone Company. This loan was made just after the questionable trans- 
 actions between the bank, the Seneca Stone Company, and Kilbourn and Evans, and made on the 
 same kind of worthless security. This loan has never been paid, and the question of settlement is 
 now pending in the courts on suit brought by the commissioners. The probabilities are that this 
 amount will be lost to the bank. 
 
 VANDENBURGH. 
 
 Another set of loans by which the bank will suffer heavy loss are those made to J. V. W, Van- 
 denburgh and the Abbott Paving Company, of which Vandenburgh was treasurer. Loans amount- 
 ing in the aggregate to $122,000 were made to Vandenburgh, the collateral for which consisted of 
 certificates of the Board of Public Works of the District of Columbia, and approved bills against the 
 District for work done improving streets, etc. 
 
 There is still due the bank from Vandenburgh about $77,000. 
 
 The Abbott Paving Company, of which Vandenburgh was treasurer, also obtained large sums 
 from the bank in the nature of loans, lor which the same class of securities were given as in the 
 Vandenburgh loans. The loans to the Abbott Paving Company aggregated $89,000, of which 
 about $48,000 have been paid. Jx is estimated that the loss to the bank in these two cases will reach 
 between $50,000 and $75,000. 
 
 The loans made to Vandenburgh and the Abbott Paving Company were made at various times 
 during the years 1870-'71-'72--73 and '74. 
 
 EVANS LYONS LOAN. 
 
 The Loan of $34,000 to Evan Lyons, made on the 23d of July, 1872, has caused a loss of $25,000 
 to the bank. The collateral given consisted of 60 ^cres of land, known as the Lyons Mill Seat, in 
 Washington county. Lyons made four applications for loans of smaller amounts, offering in each 
 case the same collateral. Upon presentation of the application to the finance committee ic was re- 
 peatedly rejected, and on the 8th of May, 1872, it was rejected absolutely. Yet on the 23d of July 
 following the same finance committee approved this loan to him for $34,000. The board of trustees, 
 at a meeting of Mav 16th, 1870, expressly forbid the making of any loan for a longer period than 
 one year. When the bank closed in June, 1874, this loan remained unpaid, and when the affairs of 
 the bank were turned over to the present commissioners there was due from Lyons, including ac- 
 crued interest, the sum of $38,188.37. 
 
 The commissioners of the company subsequently sold the property under the deed of trust held 
 by the bank, and bought it for $40,000. They still hold the property, being unable to obtain a 
 purchaser for it at a price anywhere near the amount of indebtedness. It is estimated that the 
 loss on this loan will amount to $25,000. This statement of facts, taken from the books of the 
 company, was not satisfactorily explained by the testimony taken on this point. 
 
HOW THE POOR FREEDMEN WERE SWINDLED. 397 
 
 R. I. FLEMING LOANS. 
 
 The loans made to R. I. Fleming aggregated about $224,000. A balance is still due from Fleming 
 (.f $a5,026.98. The securities taken for the loans made to Fleming were often insufficient, consist- 
 ing mainly of approved bills against the District of Columbia, Young Men's Christian Association 
 stock, and collaterals of that character, and in some cases no security was taken. Fleming is now 
 bankrupt, and there is very little prospect of the Freedman's Savings and Trust Company ever rea- 
 lizing anything on his indebtedness. The estimated loss on the Fleming loans will aggregate 
 $32,000. The following named were members of finance committee and approved many of the 
 loans made to Fleming, viz. : Messrs. Kelly, Cooke, Huntington, Richards, Langston, Balloch, 
 Clephane and Tuttle. 
 
 JUAN BOYLE LOANS. 
 
 The loans appearing in the name of Juan Boyle were made in direct violation of the charter. 
 The board of trustees had, by a yea-and-nay vote, closed the bank on the 29th of June, 1874. The 
 books show that $33,366.66 was loaned Boyle on the 30th of June, the day after. For one loan, 
 viz., $4,366.66 no collateral whatever appears to have been taken, and for the other, viz., $29,000, 
 collateral utterly worthless was accepted, in direct violation of the amended charter, which pro- 
 vided that the collateral in all cases should be of double the value of the loan. In this case it 
 amounted to but $18,000, $10,000 of which turned out to be of no value whatever. The $10,000 
 note of Boyle, part of the security, Jwas secured by real estate upon which there existed a prior lien, 
 and the real estate in question was sold under this prior lien, thus leaving only the $8,000 of rail- 
 road bonds. 
 
 The estimated loss on the Boyle loans is $31,000, which includes interest, cost and expenses. 
 These loans were not approved by the finance committee or the board of trustees. 
 
 ^The result of the Bruce investigation was a bill introduced by Mr. Garland^ 
 a Democratic Senator from Arkansas, repealing the act providing for the three 
 commissioners and turning the institution over to the Comptroller of the Cur- 
 rency, with power to sell the bank's property and institute civil and criminal pro- 
 ceedings against the men who robbed the freedmen. 
 
398 TWELVE YEARS OF FRAUD, PLUNDER AND PECULATION. 
 
 TWELYE YEARS OF FRAUD, PLUNDER 
 AND PECULATION-THE EMMA MINE. 
 
 A brief history of some of the peculations and corruptions which have charac- 
 terized the last twelve years of radical rule are gathered from the official records 
 of the government. One of these scented flowers in the bouquet of Civil Service 
 corruption is presented m the case of the " Emma Mine, " showing how for the 
 first time in our history an American minister has used his official station to fleece 
 the people to whom he was sent as the representative of America. 
 
 THE EMMA MINE. 
 
 In 1871 Trenor W. Park and Henry H. Baxter, American citizens, purchased 
 9-16 interest in the Emma mine,^ situated in Utah, for which they paid $468,750, 
 or at the rate of $1,500,000 for the whole mine. The purchase was subject to a 
 litigated claim of James E. Lyon, of Wisconsin, for one-third. Lyon employed 
 Senator William M. Stewart as liis attorney. 
 
 The Emma mine was extensively worked up abroad. Fabulous stories were 
 circulated about the production of silver from its richly-laden veins. Extra- 
 ordinary efforts were made during the summer of 1871 to secure a large product 
 of ore, and the mine was exhausted in the effort. The ore was shipped to 
 England arid sold, and the mining world was fully informed of the large yield 
 and extraordinary prices obtained. In September, Park, representing the owners 
 of the mine, and Stewart, representing Lyon, went to Europe to float their bauble 
 upon the English market. Albert Grant, the great European speculator, whose 
 star of prosperity was at its zenith at that time, agreed to put the mine upon 
 the market. 
 
 THE SCHEME CONCOCTED. 
 
 The contract with Grant provided that the property should be capitalized at 
 £1,000,000, or $4,500,000 more than the estimated value of the mine. One-half of 
 the property was to be offered to the public in £20 shares, and the other half to 
 be retained by the vendors for nine months, unless Grant & Co. should consent to 
 their sale at an earlier date. For "promoting" the company Grant was to re- 
 ceive 20 per cent, on the sales. He was also to keep up the market by buying 
 the vendors' shares whenever it became necessary, at a premium. There was 
 one other and very important stipulation exacted by Grant in connection with 
 his job to bloat the mine. That was the association with the enterprise of Minis- 
 ter Schenck 
 
 HOW MR. SCHENCK CAME IN. 
 
 In November, 1871, Robert C. Schenck was minister of the United States at 
 the Court of St. James. When Park and Stewart arrived in England they deter- 
 
TWELVE YEARS 6f FRAUD, PLUNDER AND PECLUATION. 399 
 
 mined to secure his official influence. They treated him just as Oakes Ames did 
 Garfield in the Credit Mobilier transaction. Park proposed to Schenck that he 
 should become a subseriber in the company to the extent of 500 shares, par value 
 £10,000, with the understanding that he should not be required to pay any. 
 money, but should have the amount for one year without interest. Park also 
 guaranteed that dividends should be paid on Gen. Schenck's stock at the rate of 
 1^ per cent, per month, or 18 per cent, per annum as long as he held it. The 25 
 shares were sold by Gen. Schenck to a lady residing in Paris as an act of friend- 
 ship for £500. 
 
 GENERAL SCHENCK RAISES THE BLIND. 
 
 As soon as the American minister had become interested in the company with- 
 out expending a dollar of his money, he consented readily to become a director. 
 A salary of $2,500 was paid to each of the directors. A prospectus was issued 
 containing a list of directors, among them the name of "Gen. Robert C. Schenck, 
 United States minister, London." In the body of the prospectus was the follow- 
 ing paragraph : 
 
 "Major-Gen. Schenck, on account of the exceptional cha/racter of the undertaking, 
 has consented to act as one of the directors. " 
 
 The prospectus contained a number of lies at the outset. It stated that the 
 profits for four months were £231,059, or at the rate of £700,000 per annum. 
 Dividends were paid for thirteen months at the rate of li per cent. Shares went 
 up to £32 and the owners quietly imloaded. In December, 1872, the scheme 
 exploded, and shares in the following May sold at £1 5s. Innocent investors suf- 
 fered great loss and distress. Hundreds of poor people, attracted by the indorse- 
 ment of the American minister, put their savings into the scheme and lost every- 
 thing. 
 
 GENERAL SCHENCK THROWS UP HIS HAND. 
 
 As soon as the fact of Schenck's connection with the mine became known in 
 the United States, the newspapers criticised his conduct severely, and Schenck, 
 like Garfield in a similar plight, began to squirm and prevaricate. He said he had 
 paid "dollar for dollar" for his shares, which was entirely false. Schenck then 
 retired from the -directorship, but gave the scheme a parting puff in so doing. He 
 said : " I have the fullest confidence in the value and profitableness of the property 
 they have in charge." 
 
 In April, 1872, Schenck obtained 300 additional shares and sold them at a 
 profit of $10,000. Park notified Schenck by telegraph when the scheme would 
 burst, and Schenck immediately ordered 2,000 shares sold on Park's account, 500 
 on WoodhuU's account (Woodhull was Secretary of Legation), 200 shares of his 
 475 investment shares. 
 
 After a full investigation of the transaction, the House committee passed the 
 following: Besolxed, That this House condemns the action of Gen. Robert E. 
 Schenck, United States minister at the Court of St. James, in becoming a director 
 of the Emma Silver Mining Company of London, and his operations in connec- 
 tion with the shares of the said company, and the vendors thereof, as ill-advised, 
 unfortunate and incompatible with the duties of his official position." 
 
 This case (like the DeGolyej- fee) finally came into court, and in London, on 
 the 29th of July, 1880, Sir George Jessel, Master of the Rolls, gave judgment 
 against Albert Grant in favor of the Emma Mining Company for £120,000, that 
 sum being claimed by Grant as profit for floating the company. Sir George Jessel 
 held that Grant, by making a profit as promoter of the company, was guilty of 
 breach of trust. 
 
400 THE WHISKY KING. 
 
 THE WHISKY RING. 
 
 A REMARKABLE EPOCH OP OFFICIAL CORRUPTION. 
 
 Whisky Rings of greater or less magnitude have been in existence ever since 
 the tax was first imposed upon distilled spirits. They flourished from 1862 to 
 to 1874, but it was not until Gen. Bristow, then Secretary of the Treasury, began 
 his fight against th^ violators of the law in Missouri and Illinois, and the ramifica- 
 tion's of the conspiracy were found to extend into the White House, that public 
 attention was attracted to the enormity of 'their frauds. In 1863 the first tax was 
 imposed upon whisky. 
 
 THE INCIPIENT WHISKY RINGS. 
 
 The civil war was raging, and it became necessary for the government to increase 
 its revenues. There had previously been much talk about imposing a tax on 
 spirits, and shrewd speculators had bought immense quantities of whisky and 
 were holding it for the rise in price which would follow the imposition of the 
 tax. The Committee of Ways and Means recommended that a tax of twenty 
 cents per gallon be imposed upon domestic spirits. An attempt was made to 
 make this tax apply to spirits already manufactured. The whisky dealers 
 assembled at the capital by hund^-eds, begged and bribed members of Congress to 
 vote against the proposition, and it was defeated. The tax was levied only upon 
 spirits manufactured after the passage of the law. Millions were made by the 
 speculators within two years from the imposition of the first tax. An increase of 
 the duty was agitated ; the same tactics were repeated ; distilleries were enlarged 
 and the capacity of stills was increased. It is estimated that the speculators 
 had 25,000,000 gaUons on hand, and were manufacturing hundreds of thousands of 
 gallons daily. 
 
 Of course, the high tax levied upon spirits was really a premium on fraud. If a 
 distiller could manage to make a few gallons per day of "crooked" whisky his 
 profits were enormous. The Ring was liberal in its expenditure of money. The 
 campaign expenses of members of Congress were paid by the distillers, and a 
 favorite method of securing influence was to buy a hundred barrels of whisky on 
 commission for certain Congressmen, selling after the tax bill had passed. 
 
 THE RING CONTROLS THE REPUBLICAN ADMINISTRATION. 
 
 A very large proportion of the campaign expenses of the Republican party in 
 1868, and again in 1872, were paid by the Rings. In return for their services they 
 demanded the means of making money rapidly, and their shameful robberies were 
 winked at by the party in power. Combinations were formed with the Federal 
 officials at St. Louis, Chicago, Evansville and Milwaukee. Officers of the govern- 
 ment were appointed at the direction of the Rings. Local revenue officials were 
 selected by the members of Congress, who designated appointments, and the mem- 
 bers themselves were elected with the Ring's money. In Galena, 111,, the north- 
 
THE WHISKY RING. 401 
 
 western Ring was very powerful. The Galena Ring nominated the Federal 
 officials for Chicago. J. Russell Jones, a particular friend of Grant's, was collector 
 of customs. Ben. H. Campbell, Babcock's father-in-law, was marshal of the 
 Northern district of Illinois. The collector of internal revenue was controlled 
 by Campbell. Senator Logan was credited with being on terms of great in- 
 timacy with the Ring. Dan Munn, the supervisor for the district comprising 
 Indiana, Illinois and Wisconsin, was a particular pet of Logan's. Munn was 
 connected with the frauds which brought the administration into such bad odor 
 in 1874. 
 
 WHY GRANT WAS SUSPECTED OP COMPLICITY. 
 
 The perpetration of frauds on the revenue would have been impossible with 
 honest men in office. When the administration was fortunate enough to stumble 
 upon an honest and capable man, he was not allowed to remain long in office. 
 The appointment of an honest collector of internal revenue in any district where 
 the Rings were in power was certain to be followed by the advent of an army of 
 politicians into Washington clamorous for his head. Grant always yielded. He 
 obeyed their behests implicitly. It is not a matter of surprise that people began 
 to suspect that the ramifications of the Ring extended to the White House. In 
 May, 1869, Col. Jussen, a brother-in-law of Carl Schurz, was appointed collector 
 of internal revenue at Chicago. Jussen was an honest officer. The dealers 
 attempted to buy him, but failed. He detected a ganger by the name of Lamper 
 stealing high wines, and had the temerity to discharge him. Lamper was given 
 another office by Grant, but Jussen was not disturbed. A few months after he 
 had taken the office, Orville Grant, the President's brother, who was then in busi- 
 ness in Chicago, approached Mr. Jussen, and proposed that he should join him in 
 defrauding the government by permitting a certain distillery to run double its 
 registered capacity. Mr. Orville Grant moralized as follows: 
 
 " If you decline, the government will gain nothing, for in that event the distil- 
 lery will not increase its product. If you consent, the same tax which you now 
 collect will still be paid, and the receipts of the government will, therefore, not be 
 diminished. A few barrels more or less on the market cannot depress the quota- 
 tions, and the competitors who do not enjoy the privileges I ask for my friends 
 cannot suffer. There can really be no fraud in the transactions proposed. More- 
 over, I shall see to it that all is safe at Washington.'' Mr. Jussen, of course, declined 
 the job. The collector's honesty was a serious barrier to the operations of the 
 Ring. Congressman Farwell and the local politicians joined hands in securing 
 Mr. Jussen's removal. Senator Logan gave his assistance to the movement, and 
 the President, without any complaint being made by the Treasury Department, 
 unceremoniously removed him. 
 
 MILWAUKEE WHISKY RING. 
 
 In June, 1874, Bunker & Rogers' distillery in Madison, Wis., was seized for 
 shipping high wines, without compliance with the revenue laws, to Sam. Rhinds- 
 kopf of Milwaukee and the Killian Bros, of Chicago. As soon as the seizure was 
 made Supervisor Munn went to Madison to take possession of the books and 
 papers of the firms. The correspondence he thus obtained would have convicted 
 all the guilty parties. 
 
 Sam, Rhindskopf of Milwaukee, whose guilty participation in the fraud was so 
 apparent that he could not be shielded, was arrested. He had the powerful assist- 
 ance of Senator Carpenter of Wisconsin to save him from punishment. He was 
 indicted, but the case was postponed from time to time at the request of Senator 
 
402 THE WHISKY EING. 
 
 Carpenter, Commissioner of Internal Kevenue Douglass ordered the district 
 attorney to continue the case, and the probability is, if the Commissioner's 
 instructions had been obeyed, that Rhindskopf would never have been brought to 
 trial. The district attorney, however, proceeded with the case, and Rhindskopf 
 was convicted and sentenced to pay a fine of $5,000 and be imprisoned in the 
 county jail for one day only. The fine was a mere bagatelle. The imprisonment 
 was an amusement. He passed the day in the company of his intimate friends, to 
 whom he gave one of the most magnificent entertainments that was ever heard of 
 in Madison. 
 
 The Whisky Ring purchased a newspaper and ran it as a Carpenter organ. 
 
 The special revenue agent for that district, Mr. Burpee, was removed at the 
 demand of Keyes, the Chairman of the Republican State Central Committee, and 
 a willing tool was appointed in his stead. 
 
 Every Democratic district in Milwaukee was carried by the Republicans oy a 
 liberal use of the Whisky Ring money. 
 
 When the books of Rhindskopf were seized, the check-book stubs showed that 
 each distiller and rectifier in Milwaukee was assessed $300 per month for the 
 *' boss " of the Republican " machine," Mr. Conklin. 
 
 THE WHITE HOUSE AND THE RING. 
 
 In 1874 Gen. B. H, Bristow was appointed Secretary of the Treasury. Im- 
 mediately after his confirmation by the Senate he began an active warfare against 
 the Whisky Ring. His lieutenant was Bluford Wilson, Solicitor of the Treasury. 
 George W. Fishback, of St. Louis, communicated to Gen. Bristow the fact that 
 an organized system of fraud upon the internal revenue existed in that city. 
 
 It appeared that the officers of the revenue service in that city, from Supervisor 
 McDonald down to and including nearly every ganger and storekeeper in the 
 public service, and every distiller and rectifier in St. Louis, were banded together 
 in active efforts to defraud the revenue. It was necessary that every movement 
 made under the direction of the Secretary of the Treasury should be kept secret. 
 In March, 1875, the nets were thrown out by trusted agents of the department, 
 under the direction of Gen. Bristow. The Chicago distillers were watched and 
 detected in their frauds. The government devoted its principal attention to the 
 frauds in St. Louis. McDonald, the supervisor of internal revenue, was con- 
 fronted by Gen. Bristow with the proofs of the frauds committed by himself and 
 his confederates. He broke down and admitted the truth of the charge. To Mr. 
 Wilson he said that the interests of the Republican party in Missouri, and in his 
 district, would be damaged greatly by the seizure of the distilleries. He said that 
 arrangements had been made to heal the dissensions then existing in the Republi- 
 can party in that state, and he claimed that he could do more for the party in the 
 ensuing Presidential campaign than any other man, or ten men, that could be 
 found. But the Secretary of the Treasury and the Solicitor were not influenced 
 by political considerations. McDonald confessed his guilt to the President, hut he 
 was never dismissed. McDonald, Joyce, McKee, Avery and other parties were 
 arrested shortly afterwards, indictments having been found against them for com- 
 plicity in the whisky frauds. David P. Dyer was the district attorney in St. 
 Louis. J. B. Henderson and Lucien B. Eaton were appointed his assistants. The 
 rogues were convicted and sentenced to prison. 
 
 About this time suspicions were aroused that the President's private secretary, 
 Orville E. Babcock, was concerned in these frauds. It was not known whether 
 the ramifications of the Ring extended above the private secretary of the President 
 
THE WHISKY RING. 403 
 
 or not, but certain it is that when the evidence implicating Babcock reached Pre- 
 sident Grant there was a marked change in his demeanor. Secretary Bristow's 
 course was not approved by the President, and the rumor was current that he 
 would soon be forced to surrender the Treasury portfolio. 
 
 In August it was discovered that the celebrated " Sylph " telegram was in Gen. 
 Babcock's handwriting, and that he was on intimate terms with the members of 
 the Ring. Gen. Bristow attempted to secure from the President some indorse- 
 ment of his action in prosecuting the thieves, and Gen. Grant, who was then sum- 
 mering at Long Branch, wrote upon the back of a letter, the celebrated indorse- 
 ment, "Let no guilty man escape, if it can be avoided." This apparent guarantee 
 of the President inspired the Secretary with new zeal, and operations against the 
 " Ring " were resumed with renewed vigor. The oflacial backers of the thieves 
 mustered in Washington and circulated most abominable falsehoods about Secre- 
 tary Bristow. The President seemed willing to listen to these stories. He accused 
 Bluford Wilson of endeavoring to involve him in the whisky frauds. This 
 unjust accusation Mr. Wilson promptly denied. Gen. Grant would not listen to 
 anything imputing guilt to Babcock. 
 
 THE PRIVATE SECRETARY INDICTED. 
 
 The proofs against the private secretary were so strong that he was indicted. 
 About this time Gen. Grant charged that Mr. Henderson was openly hostile to 
 iim, and signified his intention to remove him. 
 
 Jim Casey, the President's brother-in-law, who was also believed to be connect- 
 ed with the Ring, was particularly violent against the government prosecuting 
 officers. As soon as Babcock was indicted the idea of a military court of inquiry 
 was brought to the front, and the President of the United States took the 
 ground that the military court should supersede the civil tribunal at St. Louis. 
 He asked that the papers in the case against Gen. Babcock should be handed over 
 to a military court prior to their issue in the civil courts of the country. Gen. 
 Henderson was dismissed from the prosecution in opposition to the written pro- 
 test of the Solicitor of the Treasury and the verbal protest of the Secretary. This 
 dismissal was a fatal blow to the prospect of a successful prosecution in Gen. 
 Babcock's case. 
 
 Mr. Wilson was sent for by the President to give him an outline of the proof 
 against Babcock in the possession of the government. A man named Everest 
 announced his willingness to testify that he had seen Joyce mail two letters con- 
 tainiDg $500 each, one addressed to Babcock. 
 
 As soon as the President had obtained this interesting information he impart- 
 ed it to his private secretary, and Gen. Babcock called upon Mr. Wilson and 
 asked to be informed of the evidence in possession of the department tending to 
 implicate him. The President questioned the prosecuting officers in Babcock's 
 interest. To secure the conviction of the thieves it became absolutely necessary 
 to take the testimony of accomplices. Gen. Grant made a terrible fuss about this. 
 About this time he compelled the Attorney-General to issue a circular letter to 
 district attorneys, stating in substance that he was dissatisfied with the policy 
 that had been adopted, and intimated that they must not go so far in their attempts 
 to secure convictions. 
 
 GENERAL BABCOCK WAS DISMISSED. 
 
 About this time Gen. Babcock was dismissed. His removal was not due to his 
 suspected complicity with the Whisky Ring. He had speculated in the famous 
 
404 THE WHISKY KING. 
 
 Black Friday operations and lost about $40,000. He had deceived the President, 
 but Grant expressed his belief of Babcock's innocence of the whisky frauds to 
 , the last. 
 
 Day by day he received the Secretary of the Treasury and Mr. Wilson with in- 
 creased coldness. Mr. Wilson, on June 20, 1875, tendered his resignation as Solici- 
 tor of the Treasury, and a day or two later Gen. Bristow resigned. 
 
 The Rings were substantially broken, but the faithful officers who exposed the 
 frauds were punished by virtual disniissal. 
 
THE BELKNAP IMPEACHMENT, 405, 
 
 THE BELKNAP IMPEACHMENT. 
 
 The impeachment of General W. W Belknap, Grant's Secretary of War, was 
 one of the disasters that overtook the Republican party in the closing years of its 
 legitimate exercise of power. Belknap was the victim of discovery. He was 
 found out, but in his finding out there were dragged down a good many others 
 against whom the evidence was not so direct as it was against him. 
 
 The case against Belknap, stated briefly, was this: In 1870, John S. Evans was 
 post-trader at Fort Sill. In July, 1870, Congress passed an act giving the appoint- 
 ment of post-traders to the Secretary of War. Strange as it may appear, this pro- 
 vision was a rider on an army bill. General Garfield's objection to legislation on 
 appropriation bills seems to be confined to that kind which relieves the people 
 of burdensome and odious laws ; he always voted for such riders as the post- 
 trader one, which gives an opportunity for official plundering. This rider was in 
 the interest of thieving, for it took from the post council of administration the 
 power to control the sutler in his prices, and superseded the act of 1866, which 
 provided that the soldiers should have their supplies at cost. It thus gave to a 
 post-trader the monopoly of trade with the soldiers, and the power and right to be 
 extortionate as he naturally would be. What avail the Secretary and his post- 
 trader made of their rider will be seen further on. Evans made application for 
 appointment under this law as early as June Sj3d, 1870. His application was 
 indorsed by General Gierson, commandant of the post, and by all the officers 
 stationed at the post. It was a remarkably strong recommendation of a man who 
 had been a post-trader at Fort Sill, and who was known in that capacity by all 
 who indorsed his application. Other recommendations were forwarded, and 
 there was no other application except one made by C. P. Marsh, of New York, 
 which was filed on the 16th of August. The evidence in the trial of Belknap 
 pointed to the fact that this letter had been written after its alleged date of filing, 
 and was not received August 16th. It is indorsed by Belknap, " Received August 
 16th ;" but the records of the War Department show that Belknap was absent from 
 Washington from the 12th of August to the middle of September. 
 
 There was nothing in support of Marsh's application. Evans called on the 
 Secretary of War in October, and was then told by Belknap that he had 
 promised the appointment to Marsh, who would be in the city that or the next 
 evening, and he had better see him and they could probably make some satisfac- 
 tory arrangement. 
 
 THE ARGUMENT BETWEEN EVANS AND MARSH. 
 
 Marsh says he was called to Washington by a telegram from Belknap, or Mrs. 
 Belknap ; that he came here and called on the Secretary, and was informed by 
 him that Evans was in the city and he had better see him. The Secretary also 
 «aid that Evans had a large stock on hand at Fort Sill, and he (Marsh) ought to 
 
406 THE BELKNAP IMPEACHMENT. 
 
 make some arrangement to save him from loss. Belknap told him where Evans 
 would be found {seepage 164 of the Record). At this suggestion Marsh called on 
 Evans, and they made the arrangement preliminary to the agreement of the 8 oh 
 October, 1870. The sum of $20,000 was first exacted by Marsh ; finally $15,000 
 was fixed, and the parties were to go to New York the next day and have the 
 writings drawn. 
 
 On the way to New York, the next day, Evans stated to Marsh he had seen a 
 statement in the paper that a portion of the troops stationed at Fort Sill were to 
 be removed ; that $15,000 was more than he could pay, and the sum of $12,000 
 was finally agreed upon, to be paid quarterly in advance. "Why paid in advance ? 
 Clearly, from the terms of the agreement, to secure the certain payment of the 
 bonus and to enable Evans to hold the place. It was not to be a division of 
 profits, but the payment in advance of a fixed sum, whether Evans made profits or 
 not. If he had made a dollar or a dime, he was bound to pay this large bonus or 
 surrender his post {see Record, Impeachment Trial, p. 112). 
 
 It will be seen, therefore, that the rider on the army bill was availed of so far as 
 the Secretary of War was concerned ; he had sold the otfice the appointment to 
 which was given him by the statute. The evidence that the appointment of 
 Marsh was a mere cover by which the place might be sold to Evans for the bene- 
 fit both of Belknap and Marsh is shown by the following correspondence : 
 
 marsh's letter to BELKNAP. 
 
 No. 51 West Thirty-fipth Street, I 
 New York City, October 8, 1870. j 
 Dear Sir: 1 have to ask that the appointment which you have given to me as post-trader at 
 Port Sill, Indian Territory, be made in the name of John S. Evans, as it will be more convenient 
 for me to have him manage the business at present. 
 
 I Mm, my dear sir, your obedient servant, C. P. MARSH. 
 
 P. S.— Please send the appointment to me, 51 Wet^t Thirty-fifth street, New York City. 
 Hon. W. W. Belknap, Secretary of War, Washington City. 
 
 Two days after this the respondent made the following appointment: 
 
 War Department, ) 
 
 Washington City, October 10th, 1870. f 
 Sir : Under the 'provisions of section 22, of the Act of July 15, 1870, you are hereby appointed 
 a post-trader at Fort Sill, Indian Territory, and will be required to assume your duties as such 
 within ninety days from the date of this appointment. You will please report to this department 
 through the adjutant-general's office your acceptance or non-acceptance of this appointment. 
 
 WM. W. BELKNAP, Secretary of War. 
 Mr. John S. Evans, care of C. P. Marsh, Esq., 51 Wes-t Thirty-flfth street, New Y'ork City. 
 
 Evans, it was known, would lose greatly, if not suffer ruin, by failing to secure 
 this post-tradership. The two argued from this that he would be willing to pay 
 something for it. 
 
 Belknap carried out his agreement, at once ordering the removal from Fort 
 Sill of all traders except Evans. This order was obeyed and Evans given the 
 monopoly. 
 
 Almost immediately after taking the post, Evans was found guilty by the ofli- 
 cers stationed there of introducing liquor into the Indian country. Belknap 
 came forward m his defense, and without an opportunity to make an examination 
 of the case, declared Evans guiltless. 
 
 BELKNAP AND MARSH HAVING CHARGED EVANS $12,000 
 
 a year for the post-tradership, the latter was obliged to make it up from the 
 soldiers to whom he sold goods. Complaint having been made by General Hazen, 
 through the columns of the New York Tribune, that Evans was extortionate, 
 Belknap wrote the following letter to General Grierson : 
 
 War Department, I 
 
 Washington City, February 17th, 1872. j 
 
 The commanding officer at Port Sill will report at once directly to the Adjutant -General of the 
 
 Army, for the information of the Secretary of War, as to the business character and standing of 
 
 J. S.Evans, post-trader at that post; whether his prices for goods are exorbitant and unreasonable 
 
 or whether his goods are sold at a fair profit; whether the prices charged now and since nis appoint- 
 
THE BELKNAP IMPEACHMENT. 40 7 
 
 nicnt to that position by the Secretary of War, under the Act of July 15th, 1870, are higher than 
 those charged by him prior to that appointment, when he was trader under previous appointment; 
 whether he has taken advantage of the fact that he is sole trader at that post to oppress purchasers 
 by exorbitant prices; whether ne charges higher prices toenlisted men than to oflScers, and whether 
 he has complied with the requirements of the circular vf the Adjutant-General's office, issued June 
 rth, 1871. 
 The commanding officer is expected to make as full and as prompt a report as is possible. 
 
 W. W. B. 
 
 To this General Grierson made the following reply: 
 
 Headquakters, Fort Sill, Indian Territory, I 
 February 28th, 1872. ) 
 Adjutant-General United States Army, Washington, D, C. 
 
 Sii\- I have the honor to acknowledge the receipt of your letter dated February 17th, 1872, rela- 
 Jive to the post-trader at this post. 
 
 EVANS NOT AT FORT SILL FOR MONTHS. 
 
 I underetand J. S. Evans" character as a business man is good, and he has heretofore given 
 general satisfaction ; but Mr. Evans is absent, and has been for some months, and has associated 
 with him J. J. Fisher, now also absent, who has had control of the establishment and who claims 
 to have the greater pecuniary interest in the business (the business being conducted, however, under 
 the name of J. S. Evans). Repeated complaints have been made to me of the exorbitant prices at 
 which goods were sold by them, and when I have represented the matter to the firm they replied 
 that they were obliged to pay $12,000 yearly (to a Mr. Marsh of New York City, who they represent, 
 was first appointed post-trader by the Secretary of War) for their permit to trade, and necessarily 
 had to charge high pi ices for their goods on that account. I have repeatedly urged them to repre- 
 sent this matter m writing to me, in order that I might lay the matter before the proper authority 
 to relieve the command of this burden, upon whom it evidently falls ; but they declined to do so, 
 stating 1 hat they feared their permit to trade would be taken from them. 
 
 As the prices could not be regulated by a council of administration, the trader not being a sutler, 
 it has been contemplated by some of the officers of the garrison to represent this matter, without 
 reference to J. S. Evans, through the proper military channels, but as it was claimed that the 
 authority for the tradership emanated from the Secretary of War, it was feaied that that course 
 might be construed as taking exception to the action of superior authority. 
 
 The prices are considerably higher since his appointment by the Secretary of War than pre- 
 viously, and he has undoubtedly taken advantage of his position as sole trader in charging these 
 exorbitant prices, giving the reasons above quoted, stating that he could not, under the circum- 
 stances, sell goods at lower prices. 
 
 It has also been reported to me that he charges enlisted men greater prices for the same articles 
 than he does officers, and, at all events, it is very evident that the officers and men of this garrison 
 have to pay most of the $12,000 yearly, referred to above, they being the consumers of the largest 
 portion of the stores. 
 
 UNITED STATES SOLDIERS ROBBED FOR TRADERS' BENEFIT. 
 
 I feel that a great wrong has been done to this command in being obliged to pay this enormous 
 amount of money under any circumstances : the largest portion of which, at least, has been taken 
 from the officers and eniisted men of this post, nearly all the money of the latter mentioned going 
 to the trader. The responsible party of this great injustice should be held responsible and be 
 obliged to refund the money. 
 
 If J. S. Evans has not paid this exorbitant price for permission to trade, as stated by him, his 
 goods should be seized and sold for the benefit of the post fund. 
 
 In order to insure a healthy competition, to reduce the price of goods, and to relievo the officers 
 and soldiers of this garrison from this imposition, I recommend that at least three (3) traders be 
 appointed, and that those appointments be made upon the recommendation of the officers of the 
 post; that each trader be known to be interested only in his own house, and that they be obliged to 
 keep such articles as are required for the use of officers and enlisted men of the army and to sell 
 them at moderate prices. 
 
 The trader complies with circular of A. G. O., issued June 7, 1871, as far as I am aware. 
 The buildings (store, etc.), however, are not convenient to the present garrison, having been 
 built when the command was in camp. 
 
 Very respectfully, your obedient servant, 
 
 B. H. GRIERSON, Colonel Tenth Cavalrj', Commanding. 
 Received in the office of the Adjutant-General, March 9, 1872. 
 
 [Indorsement.] 
 
 War Department, A. G. O., March 11, 1872. 
 Respectfully forwarded to the Secretary of War, with application of C. P. Marsh for tradership 
 at Fort Sill. 
 
 E. D. TOWNSEND, Adjutant-General. 
 
 Belknap took no notice of this matter until Gen. McDowell called on him and told 
 him it was " a thing that would be damaging to the service if it was not at once 
 corrected." 
 
 Then, with the concurrence of Gen. McDowell, Belknap issued an order which 
 was very cunningly devised. This order gave the council of administration the 
 power to fix the prices at which a post-trader should sell his goods, but gave the 
 trader the right to appeal to the War Department should he feel himsel 
 aggrieved. 
 
408 THE BELKNAP IMPEACHMENT. 
 
 The effect of this order was to reduce the amount of the annual payment to 
 $6,000, it having been discovered that too much robbery of the soldier was made 
 necessary by the payment of $13,000. 
 
 The truth about the payments by Marsh to Belknap is well stated by one of 
 the Republican managers, E. G. Lapham, in his argument before the Senate. 
 Evans paid Marsh $13,000 a year. One-half of this Marsh paid to Bellinap 
 quarterly in advance : the first $1,500 for Mrs. Belknap, the next two for his 
 child, and after the decease of the child the like quarterly payments were made 
 to him for his own use. 
 
 The following extraordinary letter was ignored both by Belknap and Grant, 
 and its author summarily dismissed the army in court-martial proceedings : 
 
 CAPTAIN ROBINSON'S LETTER. 
 [Personal.] 
 
 Saint Louis Barracks, Missouri, April 2d, 1876. 
 
 Sir: I have the honor to inform you that I am now preparing a set of charges against the firm of 
 J. S. Evans & Co., post-trader at the post of Fort Sill, Idaho territory. I have been stationed at 
 that post since its first location in 1868. Among the many charges I am preferr ing against this firm 
 is one of malicious slander, in which both members of this firm have repeatedly stated, not only to 
 myself but to Brevet Major-General Hazen, Brevet Major-General Grierson, and many of the 
 officers of the Sixth infantry and Tenth cavalry, that they were paying you at one time $15,000 per 
 year, at another date $12,000 per year, ^1,000 per month in advance, and only a short time ago Mr. 
 J. J. Fisher stated in my quarters at this post that he w^as still paying you the same amount. 
 
 He also informed Gen. Grierson at the same date at this post of what he termed " these facts." 
 I was, while at the post of Fort Sill, Idaho territory, on the post council of administration many 
 times, as its " recorder." The repeated statements of both J. S. Evans and J. J. Fisher to the fact 
 that they could not sell their goods any cheaper to the men and officers of the United States arihy 
 because they were obliged to pay to the Secretary of War $15,000 per year, monthly in advance. I 
 took down carefully, with day and date, and the names of the officers present who heard these 
 statements made. They were made before me officially as the recorder of the post council of 
 administration. 
 
 I have thought that you, sir, should know these facts before I brought them to your official 
 notice by sending the charges to you througli ail of the official channels, and to ask your advice as 
 to the best and most expeditious manner of bringing these men to justice. Every man and officer 
 of these regiments have been most outrageously swindled by this firm, as I have abundant testi- 
 mony to prove. If I leave the army by sentence of the general court martial that has just tried 
 me, it is by getting into unavoidable debt to these men, who, after getting all the money I had, 
 now seek to ruin me, knowing that I alone am in possession of all the facts in the case against 
 them. I honestly believe that these slanders on your name and action are false, and shall bring 
 this firm to speedy justice whether I am in or out of the army, and ask of you, sir, your advice as 
 to my procedure before action. 
 
 Should I remain in the army I shall, if you desire, transmit all of the documents entire to you 
 for your information, and such action as you may see fit to take. I will either act as prosecutor or 
 witness, as you may elect. Many of my notes are at my home in Baltimore, some of them here; 
 but I have enough to draw charges on here, which I am now doing. Several newspaper men have 
 made me very afluring offers for these papers, but I prefer to take the course I am now doing, so as 
 to get officially all the facts on record before a court of justice against these men. 
 I am, General, your obedient servant, 
 
 GEORGE T. ROBINSON, Captain Tenth Cavalry. 
 
 Hon. W. W. Belknap, Secretary of War. 
 
 On his trial Belknap's counsel, Judge Black, of Pennsylvania, defended him 
 on the ground that he was no more guilty than his Republican associates in office. 
 The following extract from Black's argument is instructive though humiliating : 
 
 ARGUMENT OF HON. JEREMIAH S. BLACK IN BEHALF OP BELKNAP. 
 
 I do not myself believe that presents are proper when taken by a public officer from a person 
 who may by any possibility in the future have an interest in the officer's performance of his 
 duties, I think so because, in the first place, " a gift blindeth the eye and perverteth the judgment 
 of the righteous ;" and also because, in the next place, these gifts may be used to cover essential 
 bribery. I do not believe that the institutions of this country are perfectly safe in the hands of 
 men who habitually receive presents from their friends and constituents, or from anybody. But I 
 say now that there is no law that makes it a crime or misdemeanor ; and that is not all. There is 
 no code of morals known to the public men of this age, or to the men who now hold office, which 
 condemns it. If our fathers could have foreseen the fatal degeneracy of their sons, perhaps they 
 might have made some provision to prevent it ; but they inserted nothing to prohibit it either in 
 their Constitution or in their statutes, and you cannot in your judicial capacity supply the cams 
 omissus. 
 
 PRESENTS AS A BRIBE. 
 •' I give you an office and you give me another office," or, " I give you office and you give me 
 money." What of that ? If the exchange was preceded by a contract which made one tne con- 
 sideration of the other, that is bribery and corruption, but if there was no contract of that kind-, 
 the case is otherwise ; and so it has been held in the case of the greatest and wisest and best men 
 we have ever had in this country. 
 
THE BELKNAP IMPEACHMENT. 409 
 
 There waa a time in 1825 when Mr. Clay held in his hand the presidency of the United States, 
 and could give it to whom he pleased. He handed it over to John Quincy Adam?, against whom 
 there was a large majority of the states and the people. He did it in opposition to instructions alff.ost 
 unauimons from his constituents and in the face of his own recorded opinion that Mr. Adams was 
 not a proper person to be chief magistrate of the country. The first thing that Mr. Adams did 
 after he went into office was to appoint Mr. Clay Secretary of State. Did these two men bribe one 
 another! They were charged with making merchandise of the highest offices under the govern- 
 ment. The defense which botli of them made against the charge of bribery was precisely the 
 same that we make here, namely, that no proof could be produced to show the previous existence 
 of a corrupt contract or understanding which could have influenced their conduct, and the general 
 public acquitted them on that ground alone. 
 
 Remember, I do not hold up this transaction as an example of public virtue. I admire much 
 more the high-toned behavior of Mr. Bayard twenty-five years earlier. He did not vote for Mr. 
 Jefferson, but he had it in his power to protract the election in the House of Eepresentatives so 
 that Mr. Jefferson and Col. Burr would both of them have been defeated. For got)d and sufficient 
 public reasons he determined that he would not use that power, but would retire from the contest 
 and allow Mr. Jefferson's friends to elect iiim. After a few days Mr. Adams, the then incumbent 
 of the presidential chair, offered him the mission to France. He eaid : " No ; I cannot get to my 
 post of duty until Mr. Jefferson shall be inaugurated, and then he will have the power to recall 
 me. I would not hold any office under him, as 1 would virtually be holding this office, lest it 
 might be inferred that I had received a reward for my action in the presidential election." 
 
 The most distinguished man, perhaps, that this country ever produced— certainly the greatest 
 orator— one who was gifted with the most exquisitely organized intellect that ever was bestowed 
 upon any of the children of men— was appointed Secretary of State by General Taylor. He said 
 that he could not live upon the salary in a way that would accord with nis taste and habits, and he 
 invited his friends to make presents to him, and they did contribute among them $100,000, which 
 they invested and gave him the interest of it for the remainder of his life. Was that bribery ? It 
 was given by merchants who were pleased with his advocacy of the bank, by manufacturers 
 whose interest he had promoted by supporting a protective tariff, perhaps also by lovers of the 
 Constitution, who admired him for the noble defense he had made of its principles. But there 
 was no evidence and no reason to believe, and nobody ever did believe, that it was given as a con- 
 sideraiion for previous services or in pursuance of a contract for future service. Therefore, and 
 therefore alone, he was held to be innocent. 
 
 The member from Massachussetts (Mr. Hoar) said, speakin" of the Union Pacific Railroad, that 
 every foot of that road had been founded in corruption and built with the wages of iniquity. That 
 is true ; and it is equally well known that the managers of that corrupt concern gave large amounts 
 of their stock and bonds to the wife of a Senator who was afterwards elected Vice-President. The 
 wife received it with the full consent of the husband. Though he had voted for the charter of the 
 corporation, and afterwards voted to extend its privileges, and always vindicated it by his speeches 
 on this floor, there was no proof that the speeches and votes were the consideration given for the 
 bonds and the stock. The aosence of that proof left him in the full possession of the character which 
 he had earned by his previous life. His popularity moulted no feather ; he lived respected and 
 honored and died in the odor of sanctity. 
 
 The mt mbers of the House of Representatives who received the same stocks and bonds from 
 the agents of the same company considered themselves as fully acquitted when the committee 
 failed to find that there had been any corrupt contract, and such was the view of the House when 
 for that reason it refused to pass a vote of censure. 
 
 If Mr. Lincoln had been impeached, and evidence had been introduced against him like 
 the trash you have here to show that his wife, with or without his knowledge, took a present from 
 some contractor or some officer, who would have listened to it in patience ? Mr. Lincoln could not 
 have come into this court with a higher character than General Belknap. Judge Davis would have 
 sworn for him that he was all his lifetime scrupulously honest. The governor of his state and 
 any number of ex-governors, and the Senators in Congress, would have testified to the same fact ; 
 but he could not have a character one whit better than that which is made out by General Belknap, 
 and by the force of that character the accusation would have been swept away like chaff upon the 
 summer thrashing-floor. Nobody would have thought of a conviction. 
 
410 THE VENEZUELA SCANDAL. 
 
 THE VENEZUELA SCANDAL 
 
 The Venezuela scandal arose out of the treaty of April 25, 1866, which provided 
 a mixed commission for adjudicating the claims of American citizens against the 
 Republic of Venezuela. Under this treaty each government was to appoint one 
 commissioner, and those two were to agree upon an umpire. If they were unable 
 to agree, the selection of the third person was to be left to the representatives of 
 Switzerland or Russia at Washington. The decision of this mixed commission 
 was to be final and conclusive as to all claims pending at the date of installation. 
 
 The action of this government was marked by fraud from the outset. The 
 first step taken was the appointment of David M, Talmage of New York as 
 commissioner on the part of the United States. General Antonio Guzman-Bianco 
 was appointed commissioner on the part of Venezuela. Mr. Talmage had not 
 the first qualification for the office of commissioner; he knew nothing of law, 
 especially of the delicate questions arising under international law, and, more- 
 over, was in bad repute in the country to which he was going, having been a 
 constructor of gas works in Caracas, and there involved in serious lawsuits aris- 
 ing from said business. In New York he was a coal broker. 
 
 General Blanco and Mr. Talmage met August 30, 1867. Of course, they dis- 
 agreed as to who should be appointed umpire. Mr. Talmage nominated Mr. 
 Rolandus, but General Blanco objected, and insisted on the minister-resident of 
 either England, France, Spain or Brazil. For some reason Talmage would not 
 be satisfied with any one but Rolandus, and finally grew so insolent that Blanco 
 refused to hold any communication with him. Talmage then appealed to the 
 President of Venezuela, General Talcon, but was told that the government could 
 not recede. Finally Blanco retired and another commissioner, Senor Francisco 
 Conde, was appointed. More delay and more correspondence resulted in leaving 
 the matter to Baron Stoeckl, the Russian minister at Washington. Immediately 
 Talmage came home, was seen about Washington, and Stoeckl was mysteriously 
 influenced to appoint a man of whom no one had ever heard, who had no diplomatic 
 or legal training, but who was simply a candle-wick manufacturer. He had been 
 in Talmage's employment. There was to be found the secret motive for his ap- 
 pointment. His name was Juan N. Machado, Jr., but Baron Stoeckl was so 
 ignorant of the man and his family that he made out the appointment to Juan N. 
 Machado. Naturally, this would have gone to the father, but Talmage knew who 
 was meant, and he gave it to the son, writing back to the State Department to 
 have the mistake corrected. 
 
 The commission was now organized to work the intended fraud. Thomas N. 
 Stilwell of Indiana was minister to Venezuela, and his brother-in-law, William 
 P. Murray, was secretary of legation. Notwithstanding his representative 
 character, Murray was attorney for a large number of the claimants before the 
 
THE VENEZUELA SCANDAL - 411 
 
 commission, and charged fifty per cent, on the allowances for his fee. He mad& 
 this exorbitant charge for his influence, for he was really in partnership with 
 Talmage, who, worse still, appeared as attorney for claimants before a tribunal 
 of which he was a member, Machado, the umpire, being a willing tool. Murray 
 openly boasted that he had a monopoly of the influence, and it is certain that all 
 the claimants, in whose favor awards were found, were represented either by Mr. 
 Murray or Mr. Talmage. 
 
 SUSPICIOUS CIRCUMSTANCES. 
 
 From Dr. James S. Mackie, a highly respectable gentleman, for a long time 
 connected with the State Department of Washington, and the attorney for 
 William H. Aspinwall and others, who had bona fide and just claims against Ven- 
 ezuela, the following valuable and suggestive evidence on the modus operandi of 
 the American modern statesmen, Stilwell, Talmage, Murray & Co., was adduced 
 before the Foreign Affairs Committee of the present Congress: 
 
 I went into a coal broker's office, and found Mr. Talmage to be a coal broker, dealing largely in 
 anthracite coal. I introduced myself, and congratulated him upon his appointment, and said: " Mr. 
 Talmage, I want you to do me a favor, to look at a memorial which I have here (referring to a par- 
 cel of b(mds). Have the goodness to count the bonds over, and to see that they are all there, as 
 stated in my memorial, and take charge of them in behalf of American citizens whom I represent 
 as attorney.'" Mr. Talmage said, "I cannot have anything to do with that kind of business." I 
 said, " I beg your pardon; I thought you were a commissioner on the part of the United States to 
 represent our citizens.'" Said he, "I have nothing to do with taking charge of their claims." I said, 
 "Mr. Talmage, if you will excuse my personality, I was twelve years in the Department of State, 
 and I have known all about all the commissions to the Spanish governments in that time, and I 
 have ni'ver yet heard a commissioner, either an American commissioner or a foreign commissioner, 
 say that it was no part of his duty t<» take charge of the claims of his fellow-citizens. I take it that 
 that is one of the objects of your appointment." He said, "I cannot reco^ize that at all; I will 
 have nothing to do with it," I then said, "Mr. Talmage, I was a commissioner of the United 
 States myself to Peru, and I felt it not only a duly but a privilege to give every attention that I 
 could to American claims before I went abroad," He still persisted. I said, " It is very strange; 
 here I am, an attorney for these recognized claims, and you, as commissioner, refuse to take charge 
 of them. What am I to do ?" Said he, "Mr. Mackie, I advise you to go to a gentleman who 
 happens to have a great deal of that business in his hands, and I think he is the best man that 5'ou 
 can give your claims to." I said, "Who is he ?" He said, "Mr. William H. Whiton." He gave 
 me his address— I think some place in John street or Maiden lane. I went down to that place, and 
 went through rows of bales of hay piled up all through a warehouse, until I came to a gentleman 
 sitting with his hat on at a desk writing. I said, "Is Mr. Whiton here ?" This gentlemen looked up 
 and said, "Yes." I said, "Whiton, is that you ?" I recognized in him an old friend and neigh- 
 bor of .mine when I was living on the heights of Georgetown. Said I, "I am looking for another 
 man." He said, "Who?" I said, " A man of the same name, W. H. Whiton." He said, 
 "What do you want with him?" I said, "I was referred to him by Mr. Talmage as having 
 charge of Venezuelan claims; but j-'ou have nothing to do with Venezuelan claims ?" "Yes," 
 said ne, " I have; I am the man." With a little strength of expression, I asked him what the deuce 
 he knew about Venezuelan claims. He said that he had peculiar facilities for presenting them, and 
 having favorable action upon them. I said, " Whiton, I have got a bundle of claims here, but I do 
 not know why I should give them to j-^ou more than anybody else. What are you going to charge 
 for taking care of them? " He said, " Fifty per cent." Said I, "That is modest. There is about 
 $180,000 of these claims, and as much accrued interest, and you want half for presenting the memo- 
 rial and claims. All the claims are recognized ; they are simply protested notes of Venezuela. I 
 cannot give you fifty per cent., because I could not control that." Said he, " I cannot do it for less, 
 for I have got to divide." I said, " You cannotdivide any of my friends' money," and I went out. 
 I then immediately wrote to the Department of State, and transmitted my papers, and I have the 
 receipt from the Department of State, in which the department promised to send them to Ven- 
 ezuela, which reads as follows : 
 
 Department of State, \ 
 Washington, June 20, 1868. j 
 
 Sir: Your communication of the 19th Inst., with its enclosure, has been received ; also the 
 package addressed to the joint commission now in session at Caracas. 
 
 \ our wish in reference to the papers has been complied with, and they will go out in the mail of 
 the 23d instant. I am, sir, your obedient servant, W. HUNTER, Secretary. 
 
 James S. Mackie, New York. 
 
 The package arrived there, but was never brought before the umpire. Tal- 
 mage told Dr. Mackie with reference to it, that he went to the umpire, and that 
 the umpire told him that he had allowed so many claims that if he was to allow 
 this claim he could not look the Venezuela government in the face. Worse than 
 all, Murray tried to make away with the bonds intrusted to him, and it was with 
 some difficulty that Dr. Mackie secured their return. 
 
 MINISTER STILWELL'S PART IN THE CONSPIRACY. 
 
 What part the minister, Stilwell, played is shown by the fact that at his death. 
 
412 THE VENEZUELA SCANDAL. 
 
 although he had been so poor that he had been tempted to overdraw his account 
 at the bank of which he was president, to the amount of $150,000, there was 
 found as collateral for the overdraft, Venezuela certificates to the amount of 
 $80,400. Congressman Milton L. Robinson swore that Stilwell had received these 
 certificates for his influence, as American minister, in securing the allowance of 
 claims, Murray paying him one-fifth of his ill-gotten fifty per cent. Stilwell paid, 
 of this, $3,000 or $4,000 to Godlove S. Orth of Indiana, for lobbying through 
 Congress legislation favorable to these fraudulent awards. 
 
 THE IDLER CLAIM 
 
 is an instance of gross fraud. Whiton, Talmage's agent, appeared for the claim- 
 ants. In other words, Talmage appeared as attorney before himself in behalf of 
 this fraudulent claim. 
 
 On this claim $253,814 was awarded. It grew out of supplies furnished the old 
 Colombian Confederacy in 1817. In his lifetime, Jacob Idler had brought suit for 
 this in the Venezuelan courts, and there had been allowed by one decision $70, 520.- 
 11. This had afterwards been set aside, and Idler abandoned the suit, leaving the 
 country. It slept for more than thirty years, and was revived before this com- 
 mission. It was not in the list of claims which were pending in the American 
 legation at the time the mixed commission was organized. It was trumped up 
 afterwards. Talmage decided that the $70,520.11 was still due, notwithstanding 
 the adverse decision of the courts and the abandonment of the case by Idler. 
 Talmage insisted on the decision of this case within five days of its hearing, but 
 Conde protested, and resigned his position rather than consent to such an outrage. 
 Talmage gave the claimants the principal and $182,294 interest. On the adjourn- 
 ment of the commission Talmage returned to this country, and still acting as attor- 
 ney for the Idler claim, committed perjury by swearing before Congress that he made 
 all his statements "from considerations of public policy." Afterwards he testi- 
 fied that at this very time he was in receipt of a $15,000 fee for acting for the Idler 
 claim, in getting a recognition from Congress of the awards of the commission. 
 This admission was the result of the investigation of the scandal by the Demo- 
 cratic House of the Forty-fourth Congress. 
 
 Every claim on which the two commissioners disagreed was allowed by the 
 umpire, who acted throughout as Talmage's tool. The total awards of the com- 
 mission were $1,253,300.17, of which $794,122 were awarded by the umpire. Of 
 these the Committee on Foreign Affairs of the House of Representatives, Forty- 
 fifth Congress, found as follows: 
 
 THE TOTAL AMOUNT STOLEN. 
 
 On a careful examination of each and every one of the cases decided by the umpire, your com- 
 mittee have failed to discover a single award which is justified by the law or the evidence. Not 
 one of these awards, which were adjudged to be paid under the impoverished resources of that Re- 
 public (Venezuela), amounting to nearly $800,000, is of such a character, when the merits of each 
 case is fairly considered and understood, as entitled it to any consideration whatever. Now that 
 the fraudulent character of these claims are exposed, our government cannot consistently, with 
 national honor and that fair dealing which should always characterize the conduct of stronger gov 
 emments towards weaker ones, insist further upon their payment. 
 
 What could be more unjust and unreasonable than the decisions of the umpire in the cases above 
 referred to? 
 
 HOW A REPUBLICAN CONGRESS DID. 
 
 In marked contrast with the action of the Democratic House of Representatives 
 in reference to these frauds is the action of the Republican Congress. The mixed 
 commission adjourned August 5, 1868, and almost immediately the Venezuelan 
 government began to enter protest against its action. The adjournment was 
 a hasty one, being a month before the statutory limitation. Talmage and Murray 
 were in a hurry to get away from the scene of their rascalities, and left Caracas 
 
THE VENEZUELA SCANDAL. 415 
 
 surreptitiously. Machado also fled from Venezuela with his share of the plunder. 
 
 Then followed a long correspondence, in which the Venezuelan government 
 
 charged the American minister and commissioner with bribery and corruption, 
 
 and that the awards by the umpire were fraudulent and groundless. This was 
 
 referred to the Committee on Foreign Affairs of the Forty-first Congress, of which 
 
 Godlove S. Orth was a member. The subject was investigated, and, strangely 
 
 enough, the following extraordinary resolution was the outcome: 
 
 That the adjudication of claims by said commission, pursuant to the terms of said convention,. 
 is hereby recognized as final and conclusive, and to be held as valid and subsisting against the Re- 
 public of Venezuela; and for the purpose of enforcing the collection and payments of the sums of 
 money so awarded, the President is hereby authorized and directed to make demand upon the Re- 
 public of Venezuela for immediate payment; and in case of neglect or refusal to make such pay- 
 ment, that he employ such portion of the naval and military forces as may be necessary, in his 
 judgment, to secure the faithful performance of the terms of said convention. 
 
 This resolution was not pressed to passage, and nothing more was done by the 
 Forty-first Congress. The subject was again investigated by the Forty-second 
 Congress, and on March 1st, 1873, the following report was made: 
 
 Your committee have examined this testimony, and cannot avoid the conclusion that it shows 
 reasonable ground for complaint on the part of the government of Venezuela, and the claimants 
 whose cases were adjudicated before the tribunal. 
 
 These complaints are of the following tenor: That powers of attorney were given in some of 
 the cases to the American commisgioner, and he received pecuniary compensation for executing 
 the same; that an improper intimacy existed between the American commissioner, the umpire, 
 and Mr. William P. Murray, who was the attorney of sundry claimants, and was also represented 
 as being the secretary of legation, all the claims having to pass through his hands; and that the 
 said William P. Murray received from the tribunal of arbitration certificates to the amount, in 
 most cases, of one-half the sum allowed to the claimants. This last ground of complaint is com- 
 mon to the Venezuelan government, and to the claimants, who earnestly request the passage of a 
 joint resolution to authorize the President to call in all the certificates issued by the commission,, 
 so as to defeat any payment to those whom the memorialist consider fraudulent holders. 
 
 The bill was referred to the Committee on Foreign Affairs, and there it slum- 
 bered. This is where Godlove S. Orth appears in the matter. Having been a 
 member of the Forty-first Congress, and on the Foreign Affairs Committee, he 
 became a lobbyist for Talmage and Murray before the Forty-second Congress. His 
 influence was sufficient to defeat the bill. He testified as follows before the inves- 
 tigating committee at the Forty-fourth Congress : 
 
 Q. State your residence and position* A. I reside in Indiana; I was a member of the 
 Thirty-eighth, Thirty-ninth, Fortieth, Forty-first and Forty-third Congress. I have just returned 
 from Europe. 
 
 Q. Are you still Minisfer Plenipotentiary to Austria ? A. Yes; I have not yet sent in my resig- 
 nation, but I expect to resign in a day or two. 
 
 Q. You were a member of Congress in the summer of 1873? A. Yes; I was elected in October, 
 1872, from the slate of Indiana, at large, to the Congress which organijted on the first Monday in 
 December, 1873. 
 
 Q. Do you know anything about what is called the Venezuelan awards? A. Yes. During the 
 Forty-first Congress, I was a member of the Committee on Foreign Affairs, when I first heard the 
 trouble about the Venezuelan awards. That committee had an investigation of the matter, and 
 took testimony, which I presume is among the archives of the committee, and it made an unani- 
 mous report feustainin^ the awards. I think the report was made to the House by Mr. Wilkinson. 
 That was at the second session of the Forty -first Congress. 1 went out of Congress on the 4th of 
 March, 1871. Subsequently to that time, and when I never expected to be in Congress again, / 
 accepted an employment from StUwell and Talmage to act as their attorney in xyrocuring a payment 
 of some money which had been forwarded hereby the Venezuelan government, and which ivas in llie 
 State Department. That employment included my service down here in Washington to assist in pro- 
 curing the passaae of the joint resolution of the Forty-second Congress declaring the validity of the 
 award. My recollection is that the House passed a joint resolution, which weiit to the Senate, and 
 that the Senate amended it by striking out what was supposed to have been the foi-ce part of it, as 
 It was called; and when it came back to the House, the House concurred in the Senate amendment. 
 Mr. Packard, of Indiana, reported it from the Committee on Foreign Affairs. 
 
 Q. Wan Mr. Packard a member from the same district which you represented? A. No, sir; he 
 was a member from the La Porte district, and I lived in the La Fayette district. I was here in the 
 latter part of January or the first of February of that year, 1873. I was here at the time that the 
 House concurred in the Senate amendment. 
 
 Q. Were you favoring thejyassage of the bill reported by Mr. Packard, in which the President of 
 the Uni ed /States was authorized and directed to adopt such measures as he might deem expedient 
 to enforce the claims of the citizens of the United States adjudicated by the mixed commissson? 
 A. My impression is that the House bill had passed before I came here, and that the Senate struck 
 out what was called the/wee clause of it. 
 
 ORTH TAKES SEVEN OR EIGHT OF THE FRAUDULENT CERTIFICATES. 
 Q. While you were here you were acting in behalf of Talmage and Stilwell? A. Yes, sir. 
 
414 THE VENEZUELA SCANDAL. 
 
 Q. Who was Mr. Stilwell? A. He was formerly a member of Congress from Indiana, and was 
 appointed minister to Venezuela. 
 
 Q. Was he minister to Venezuela pending the sitting of the mixed commission at Caracas? 
 A. Yes, sir. 
 
 Q. Who was Mr. Talmage? A. He was the commissioner on behalf of the United States. 
 
 Q. Did you receive compensation from Stilwell as well as from Talmage? A. Yes; from both 
 of them. 
 
 Q. Was any portion of the compensation that you received paid to you m these certificates ? A. 
 Yes; I think I probably got seven of these thousand dollars. 
 
 Q. Did those certificates come through Talmage or through Stilwell ? A. They came thtvugh 
 both of them. 
 
 Q, Which furnished the greater part ? A. I think that Talmage furnished the greater part. 
 
 Q. At what time did you receive those certificates ? A. 1 received probably some of them in 
 1871, some in 1872, some in 1873. 
 
 The foregoing from Mr. Orth's own lips establishes his close identification with 
 this swindle. He earned his money well. Through his influence Secretary Fish 
 paid an instalment of 7 per cent, on the fraudulent certificates, $121,000 of which 
 Talmage had possession, but which were claimed by Seth C. Driggs, who had 
 notified the State Department that this amount of certificates belonged to him, 
 and were fraudulently withheld from him, the lawful owner, by Talmage. 
 Through his influence the House of Representatives of the 43d Congress passed 
 the following bill : 
 
 HOW ORTH EARNED HIS MONEY. 
 
 Mr. Ortli earned his money, for through his influence Mr. Fish, Secretary of 
 State, paid an instalment of seven per cent, on the fraudulent certificates. He 
 also secured the passage of the following bill : 
 
 Section 1. That the adjudication of claims by the convention with Venezuela of April 25, 1866, 
 pursuant to the terms of said convention, is hereby recognized as final and conclusive, and to be 
 held as valid and subsisting against the Republic of Venezuela; and that the President of the 
 United States be, and he is hereby authorized and directed to adopt such measures as he may deem 
 expedient to enforce the claims of citizens of the United States, adjudicated by the mixed com- 
 mission organized under the treaty of the 25th of April, 1866, and made payable by the Republic of 
 Venezuela to the government of the United States, in accordance with the provisions of said treaty. 
 
 Sec. 2. That he be authorized and directed, in like manner to collect such claims of the citizens 
 of the United States as were acknowledged by Venezuela to be due prior to the sitting of the said 
 mixed commission. 
 
 On motion of Mr. Sumner, however, the fore part of the bill was stricken out. 
 
 THE DEMOCRATIC WAY OF DEALING WITH FRAUD. 
 
 The following is the conclusion of the unanimous report of the Committee on 
 Foreign Affairs of the Forty-fourth Congress. 
 
 Now that a careful inquirv has been made by your committee in reference to the conduct of our 
 officials, and also to the fraudulent character of the claim awarded by the commission— which in- 
 vestigation, in the opinion of your committee, had demonstrated the truth and reasonableness of 
 the allegations of Venezuela— a further and continued refusal on the part of our government to 
 respond to the appeals of that government cannot be justified on principles of international honor 
 ana comity. If Venezuela were the equal of this government in area, population and resources, 
 she would have long since ceased to address our government by appeals to our magnanimity and 
 sense of justice, and would have terminated all diplomatic intercourse and assumed toward us the 
 attitude which we now bear toward her. In order, therefore, to vindicate the proud position 
 ■which our government has always assumed toward other nations of the world, and to preserve 
 Intact the peaceful means of national arbitrament for the settlement of all differences arising 
 between nations, we should at once proceed to do full justice in the premises. We can afford to 
 respond to the appeals of Venezuela, in this case, and by so doiujg will honor ourselves and vindi- 
 cate the old precept, that " righteousness exalteth a nation, but sin is a reproach to any people." 
 
 In view of the fact that this session of Congress will soon adjourn, and that definite and final 
 legislation on this subject cannot be effected at this session, your committee recommend the 
 passage of the following joint resolution suspending all further payments by the Secretary of State 
 to holders of Venezuelan certificates, and withholding further demands upon Venezuela for future 
 payments until the 4th day of March next, or until further legislation by Congress. 
 
 The following joint resolution was passed: 
 
 Resolved by the Senate and House of Representatives of The United States of America, in Con- 
 gres, assembled. That the President of the United States is hereby requested to withhold further 
 demands upon the government of Venezuela on account of the awards of the mixed commission 
 under the convention of April 25, 1866, until the 4th of March, 1877, and the Secretary of State is 
 authorized and directed to suspend all further payments to holders of certificates awarded by said 
 mixed commission until said time, unless Congress shall otherwise direct. The committee unani- 
 mously concur in recommending the passage of the foregoing joint resolution. 
 
 The result of this investigation, among other things, was the withdrawal of 
 Godlove S. Orth as a candidate for governor of Indiana after he had been nom- 
 inated by the Republican party of that state, and after the canvass had begun. 
 
THE SAN DOMINGO JOB. 415 
 
 THE SAN DOMOGO JOB: 
 
 ITS INCEPTION, PROSECUTION AND FINAL FAILURE. 
 
 I. . 
 
 "GENERAL GRANT IS IN IT. 
 
 If Gen. Grant, Gen. Babcock and others hi, 
 with the real value of our 
 
 ;ock and others high in office in Washington are so well satisfied 
 prospects and feelsafe in lending their names and influence to carry 
 them out, I cannot for the life of me see why you should hesitate. It was our intention to have 
 sent 1,200 shares of the stock of the San Domingo Copper Company to you, as eoon as Knapp 
 shall have signed the certificates, to be distributed among officials of influence iu Washington . 
 But from the tone of your letters I suppose we shall have to do our business through some other 
 party. 
 
 These words, which seem like the idle boast of a confidence operator, are in re- 
 ality the statement of a scandalous fact. They were written on the 21st of De- 
 cember, 1866, by Joseph W. Currier, then of New York, to a friend in Washing- 
 ton, who hesitated to embark in a scheme which looked to the raising of a million 
 of dollars for the avowed purpose of mining copper in the island of San Domingo. 
 Currier had been a quartermaster in the Union army. He was speculative by na- 
 ture, and circumstances made him impecunious. He was enthusiastic and cred- 
 ulous, but perhaps not deliberately dishonest. At this time, however, he was in 
 the clutches of two unscrupulous knaves who, years before, had gone from Mas- 
 sachusetts to the West Indies to teach the Dominicans tricks of which they never 
 dreamt before. These were Joseph W. Fabens and William L. Cazneau. They 
 were both natives of the Bay state. In 1863, Fabens, Cazneau and Currier estab- 
 lished the Great American West India Company, with an office at 5 Pine street, 
 New York. Their rooms were fitted up in sumptuous style, and by the free use 
 of printers' ink they succeeded in disposing of their worthless stock to the amount 
 of $160,000. Then they closed their doors and disappeared. But they came 
 again in 1866, scattering far and wide their prospectus of the Great San Domingo 
 Copper Company. They were accompanied this time by Buenaventura Baez, the 
 deposed president of the Dominican republic, who had been driven from the 
 island and was ready for any sort of a job which promised him a good living 
 without work. These conspirators explained that Cabral's revolution had de- 
 stroyed the Great American West India Company, but that the present corpora- 
 tion rested on a secure basis. To all doubting inquirers they whispered, "Gen. 
 Grant is in it !" On the strength of his name they raised money from investors. 
 Fabens took $30,000 and started for Africa to buy camels for the copper mines. 
 He was accompanied by Baez. The 1,200 shares of stock were duly distributed 
 among "officials of influence in Washington," and $200,000 was raised by the sale 
 of shares. Then the doors of the office were closed again, and the adventurers 
 sought safety in flight. They returned to San Domingo, where Baez re-estab- 
 lished himself in the presidency. There they remained till President Grant was 
 inaugurated, and then they began once more their swindling operations in good 
 earnest. 
 
416 THE SAN DOMINGO JOB. 
 
 n. 
 
 GENERAL BABCOCK GOES TO SAN DOMINGO. 
 
 When Buenaventura Baez resumed control of affairs in the Dominican repub- 
 lic, he seems to have had a premonition that his stay would be short, and that it 
 behooved him to fill his purse while the opportunity lasted. He made a conces- 
 sion to Edward H. Houtmont for the working of the coal mines of Samana, for 
 which he was to receive a loan of £420,000 from Lawson & Co., of London. This 
 was in May, 1869 ; but in July, 1868, the notorious Fabens had received a sort of 
 general geological and mineralogical concession, under which he was to have one- 
 fifth of all the public lands. Cazneau had received a concession for the National 
 Bank of San Domingo, and also for the copper mines and the wharf frontage on 
 the Bay of Samana. Having sold most of the franchises at his disposal and given 
 away the rest, the idea quietly dawned on the mind of Buenaventura Baez 
 that he would sell out all his right, title and interest — the right of a traitor, the 
 title of a usurper, and the interest of a plunderer — in the island of San Do- 
 mingo to the government of the United States, for a good round sum in cash, 
 while he sought a home in some distant clime. Through Cazneau and Fabens he 
 communicated his plans to the Washington authorities, where they were received 
 with great favor. 
 
 On the 13th of July, 1869, President Grant addressed a letter to his "great and 
 good friend," as he called Baez, in which he said: "Deeming it desirable to 
 satisfy my curiosity in respect to your interesting country by obtaining informa- 
 tion from a source upon which I rely, I have for this purpose appointed Brevet 
 Brig, Gen. Orville E. Babcock, of the army of the United States, to proceed to 
 the Dominican republic in the character of a special agent. Having been one of 
 my aides-de-camp while I commanded the armies of the United States, and hav- 
 ing since been intrusted by me with confidential business of importance, I have 
 entire confidence in his integrity and intelligence, and I commend him to your 
 Excellency accordingly." 
 
 Armed with this document, Babcock set out for San Domingo. He also took 
 with him an order from Robeson, Secretary of the Navy, placing at his disposal 
 the United States ship-of-war Seminole, and directing her commander to seize the 
 Telegraph, a little vessel belonging to Cabral, which was to be brought as a prize 
 into the port of Baltimore. She was to be seized as a pirate, but an examination 
 before the British consul showed that the charge of piracy could not be sustained. 
 But even after this decision Robeson directed Commander Queen to sail in the 
 Tuscarora to San Domingo and place himself under Babcock's orders, that he 
 might help to capture the Telegraph. All this gratuitous service was rendered to 
 Baez against his enemy Cabral, that the annexation scheme might not fall 
 though. 
 
 Babcock remained in San Domingo till August, when he returned to Washing- 
 ton, received further instructions from Grant, and departed almost immediately 
 to complete his arrangements with Baez. 
 
 m. 
 
 THE IMPRISONMENT OF AN OBSTRUCTING AMERICAN CITIZEN. 
 
 Davis Hatch was a citizen of Connecticut who went to San Domingo in 1863 
 to act as agent of a New York company organized to work a salt mine in that 
 island. The required concessions were made by the Spanish government in 1864, 
 but in 1865 Spain abandoned the country, and Baez, who set up as president, an- 
 
THE SAX DOMINGO JOB. 41 77 
 
 nulled the grants. But when Cabral overthrew and succeeded Baez in 1866, he 
 reconfirmed the concessions of Spain to the salt company. In 1868 Baez defeated 
 Cabral, through an insurrection, and returned to power. In May, 1869, the city 
 of Barahona, where Hatch resided, was deserted by Baez, and taken possession 
 of by Cabral's forces. It was retaken in the following August by Baez, who 
 thereupon caused the arrest of Hatch on the ground that he had sided with Ca- 
 bral. He was condemned to death by a court-martial, and was then pardoned by 
 Baez on condition that he should immediately leave the island. He was quite 
 willing to go, but was not permitted to do so. He was kept a close prisoner from 
 the 29th of August, 1869, till the 15th of March, 1870, in flagrant violation of his. 
 rights as an American citizen. During the period of his unlawful imprisonment 
 Babcock visited the island. J. Somers Smith was at that time the government's 
 commercial agent at San Domingo, and in the following despatch to the State. 
 Department he tells what happened : 
 
 On the 31st of August the United States ship Tuscarwa arrived from Key West, when Com- 
 mander Queen called on me. I handed him a memorandum regarding Mr. Hatch, and expressed 
 my desire that he would proceed to Barahona to see Mr. Hatch and learn the particulars of his case. 
 The commander informed me that, notwithstanding his willingness to comply with my request, he 
 was powerless to act in the matter, as his instructions placed the ship at the disposal of General ' 
 Babcock. On my communicating with General Babcock, he did not seem disposed to co-operate» 
 appearing not to regard the case m as serious a light as I do, from my knowledge of the Dominican 
 character. It is unfortunate for Mr. Hatch that since General Babcock has been here he has been- 
 In close companionship with Mr. Cazneau, who is an enemy of Mr. Hatch, as he (Mr. Hatch) fur- 
 nished the information which caused the rejection of Cazneau by the Senate, some three years ago,, , 
 when his name was sent in for a position in this country. 
 
 When the Senate of the United States sent for a copy of the correspondence 
 between Mr. Smith and the State Department, the alleged communications were 
 transmitted, but the foregoing paragraph, and all others relating to Babcock, 
 were carefully stricken out. This garbling of official papers for the protection of 
 an executive favorite aroused the indignation of Mr, Sumner and other Senators. 
 
 Mr. Hatch, an American citizen, was kept in a dungeon for six months, under- 
 no process of law, because Baez, Fabens, Cazneau, Babcock and Ingalls, whoi 
 were in league with the President of the United States, were afraid of him. 
 He knew more about the annexation scheme than they could safely allow to be 
 told. He was a ready writer, and had corresponded occasionally for the New 
 York Times. If he should unfold the facts — the double sale of valuable fran- 
 chises, the jobbery and fraud which characterized the whole proceeding — the ne- 
 gotiations would come to a sudden end. Knowing this, the conspirators, safe in 
 the protection of Grant's favor, locked him up. For his boldness in calling- the: 
 attention of the State Department to this inexcusable outrage, J. Somers Smith 
 was removed, and Raymond H. Perry was sent to San Domingo in his place asi 
 commercial agent. 
 
 BABCOCK, AIDE-DE-CAMP TO U. S. GRANT, MAKES A TREATY. 
 
 On the fourth day of September, 1869, the bases of a treaty between the United 
 States and the Dominican Republic were reduced to writing as agreed upon — so 
 runs the official document— "by General Orville E. Babcock, Aide-de-camp to 
 his Excellency, General Ulysses S. Grant, President of the United States of 
 America, and his special agent to the Dominican Republic, and Mr. Manuel Maria 
 Gautier," Secretary of State, etc., of the Dominican Republic,'^, ;,( j,( :. 
 The first article of this protocol will bear careful reading : | . \,n^.^{\ 
 1. His Excellency, General Grant, President of the United States, promises, privately, to use all 
 his influence, in order that the idea of annexing the Dominican Republic to the United States may 
 acquirp such a degree of popularity among members of Congrcs? as will.bp n,ece^8aa-y for its aecom- 
 pliehment ; and he offers, to ma^e no commanication tq that ^bojiy on the iiabject until he shall be 
 
418 THE SAN DOMINGO JOB. 
 
 certain that it will be approved by a majority. The acceptance of annexation will oblige the United 
 States to pay the Dominican Republic the feum of $1,500,000 in coin, in order that the republic may, 
 as a ptate, pay its public debt, which is estimated at, the sum of $1,500,000 in coin ; and the Domini- 
 can Republic, on its part, agrees to conform its constitution to those of other states of the Union. 
 In the event that the Dominican Republic's debt should exceed $1,500,000 in coin, the excess shall 
 be charged to the Dominican State. 
 
 In commenting on this in the Senate, Charles Sumner spoke as follows : 
 Here you see how this young officer, undertaking to represent the United States of America, 
 entitles himself Aide-de-camp to his Excellency, General Ulysses S. Grant, President of the United 
 States of America, and his special agent to the Dominican Republic. Do you know any such officer 
 in our government as Aide-de-camp to his Excellency, the President of the United States ? Does 
 his name appear in the constitution, in any statute, in the history of this republic anywhere. If it 
 does, jour information, sir, is much beyond mine. I have never before met any such instance. I 
 believe this young officer stands alone in using this lofty dei^ignation. I believe still further that 
 he stands alone in the history of free governments. I doubt whether you can find a diplomatic 
 paper anywhere in which any person undertaking to represent his government has entitled liiinself 
 aide-dt'-camp to the chief of the state. The two duties are incompatible, according to all the ex- 
 perience of history. No aide-de-camp would be commissioned as a commissioner, and the assump- 
 tion of this exalted and exceptional character by this young officer shows at least his inexperience 
 in diplomacy. However, he assumed it, and it doubtless produced a great effect with Baez, Caz- 
 neau and Fabens, the three confederates. 
 
 By the other articles of this protocol (2) the price of Samana was fixed at 
 $2,000,000. (3) Grant agreed to pay $150,000 down. (4) The United States Gov- 
 ernment agreed to protect Baez during the negotiations. (5) Absolute secrecy 
 was enjoined. (6) Baez agreed to solicit his Senate to sell Samana. 
 
 With this basis for a treaty Babcock returned to Washington and left poor 
 Hatch in prison. 
 
 KAYMOND H. PERRY INTERFERES AND GETS INTO TROUBLE. 
 
 Raymond H. Perry, the newly-appointed commercial agent, sailed for San 
 Domingo on the 3d of November, 1869. He found on the steamer " Colonel " 
 Fabens, to whom Babcock had given him a letter of introduction. Perry was ig- 
 norant of diplomacy, and was a stranger in San Domingo. He was a native of 
 Rhode Island, and a relative of the famous commodore. He had served in the 
 war, winning distinction by his courage, but involving himself in several serious 
 quarrels. After the war he went to Mexico to fight against Maximilian. When 
 the empire was overthrown he returned to the United States and was employed 
 on special duty by Gen. Sheridan, in Louisiana. He then drifted into Texas, and 
 served for a time as chief of police at Galveston. In October, 1869, he applied 
 for the office of United States Marshal for the Western District of Texas. The 
 conspirators in Washington, judging from his antecedents that he must be an ad- 
 venturer, thought they could use him, and therefore resolved to send him to San 
 Domingo. They discovered in due time that they had caught a Tartar. 
 
 On the outward voyage Fabens filled Perry with false accounts of the state of 
 affairs. He warned him against Hatch, who, he said, was a dangerous and 
 wicked man. He told him that Cazneau was a person of great wealth and influ- 
 ence in San Domingo, and that he was in regular correspondence with the White 
 House. He urged him to seek Cazneau's friendship, as the surest way of making 
 a fortune for himself. 
 
 BABCOCK TRIES TO COACH PERRY. 
 
 Mr. Peny relieved Mr. Smith on the 16th of November, and learned from him 
 that Cazneau was a swindler, but that he was running the Dominican govern, 
 ment ; that he had been a bitter Confederate during the war, but was then a pro- 
 nounced friend of Grant. Perry also learned the facts in the case of Davis 
 Hatch, and immediately resolved to seek his release. Two days after his arrival, 
 Perry was told by Fabens that a man-of-war would arrive that morning with 
 Gen. Babcock on board. Babcock came, accompanied by Gen. Rufus Ingalls, 
 
THE SAN DOMINGO JOB. 419 
 
 bearing with liim a commission authorizing Perry to sign on behalf of the United 
 States the treaty which he brouglit with him, and which was substantially the 
 same as the protocol. They went ashore and visited Buenaventura Baez. Caz 
 neau and Fabens were present at this and all subsequent interviews. When the 
 treaty was read, Cazneau coolly proposed to draw up two separate papers, one to 
 place before the people of San Domingo, to influence the election, and the other 
 before the United States government, to keep them quiet. Against this crime 
 Perry sturdily protested, though Baez argued that- if the elections went against 
 him he should lose his life. Finally this part of the scheme was abandoned, but 
 Babcock, before leaving the island, told Perry that he must trust implicitly to 
 Cazneau and Fabens ; that they represented large interests, and that he had large 
 interests with them. Cazneau also told him (this is all sworn testimony) that 
 Babcock and Ingalls had interests in real estate with him, and that he (Fabens) 
 and their friends in New York had originated the idea of annexation. 
 
 PERRY TOLD BABCOCK IT WAS A JOB. 
 
 Perry bluntly told Babcock that this whole business looked to him like foul 
 play ; that Cazneau appeared to him dishonest, and that Hatch ought to be re- 
 leased. Babcock told him not to release Hatch ; told him he was a dangerous 
 man, and that his imprisonment was necessary to the treaty's success. 
 
 After the departure of Babcock, Perry tried, in good faith, to carry out the in- 
 structions he had received from Washington. He placed no obstacle in the way 
 of annexation, but sought to promote the project. He saw that the election by 
 which the Dominicans were made to approve the plot was carried by force and 
 fraud. But he permitted Cazneau and Fabens to dictate his dispatches on that 
 subject. Presently, however, the indications of foul play multiplied around 
 him, and he resolved to reveal the truth to the government. He wrote at first 
 private letters to the Secretary of State and to Babcock. The secretary did not 
 reply. But Babcock and Ingalls hastened to write, telling him to leave all per- 
 sonal matter out of his official communications, and to speak encouragingly of an- 
 nexation. When Perry found that Cazneau was about to secure, through the 
 Dominican Senate, a large tract of public land in violation of the treaty, he ad- 
 dressed a communication to that body warning it not to make the grant. By the 
 rules of diplomacy he should have sent the communication through our govern- 
 ment, but he was not versed in court etiquette, and his indignation would not 
 brook delay. Cazneau was inclined to call him to sharp account for this inter- 
 ference, and, as usual, was backed by the Washington authorities. He gave 
 Perry to understand that he knew more about the policy of the United States than 
 its accredited representative. 
 
 When the success of the treaty was supposed to be assured, and not before, Da- 
 vis Hatch was released. On the 13th of May, 1870, he addressed from the Island 
 of St. Thomas a memorial to Congress claiming damages in the sum of $50,000 
 and asking the intervention of aur government to help him in obtaining it. A 
 committee, consisting of James W. Nye, J. M. Howard, George H. Williams, 
 Willard Warner, Carl Schurz, O. S. Ferry, and George Vickers, was appointed 
 to inquire into the matter. Raymond H. Perry appeared before this committee 
 on the 9th of June, and testified to some of the facts herein set forth. His evi- 
 dence astonished the country and brought the San Domingo scheme into disrepute. 
 Grant, Babcock, Baez, and the others found it necessary to postpone their 
 operations. 
 
420 THE SAN DOMINGO JOB. 
 
 THE ATTEMPT TO KIDNAP MAJOR PERRY. 
 
 In December, 1870, President Grant, in his annual message, asked the appoint- 
 ment of a commission to visit San Domingo. The commission was accordingly 
 appointed, and after spending nearly $100,000 of the public money, its members 
 returned and made a glowing report to Congress, earnestly urging annexation. 
 But in spite of the glowing picture which these enthusiasts painted. Perry's 
 testimony was fresh in the public mind. Thereupon the conspirators resolved to 
 destroy this objectionable witness. 
 
 In February, 1871, W. B. Moore, who subsequently figured in the whisky 
 frauds, came up from Texas, where he had been serving as a carpet-bag assessor 
 of internal revenue, with a requisition from E. J. Davis, the carpet-bag governor, 
 for the arrest of Raymond H. Perry, for murder. This atrocious charge was based 
 on the affidavit of one ignorant and irresponsible man, who swore that about the 
 middle of December, 1865, he heard that a murder had been committed at a cer- 
 tain place, and on approaching the river bank he saw signs which satisfied him 
 that the body of the murdered man had been thrown in. But he did not see the 
 body, and he saw no one who had seen it. Nor was any one missing. But a 
 band of marauders had been through that region a few days previous, and they 
 were said to be under the command of one Raymond H. Perry. On such testi- 
 mony as that Grant and Babcock proposed to try an innocent man for murder. 
 
 BABCOCK FAVORS KIDNAPPING. 
 
 Babcock gave Moore a letter of introduction to Col. Whitley, chief of the^ 
 
 secret service, and Moore addressed Whitley in these written words : 
 
 I have a requisition from the Governor of Texas for the arrest of Raymond H. Perry, the ex- 
 commercial agent for San Domingo, who is charged with murder, highway robbery, burglary, and 
 horse stealing. As the inte§;rity of the President is questioned, through the misrepresentations 
 of this fugitive from justice, it is highly important that his real character should be exposed at 
 once, and I depend upon you to learn his whereabouts and bring him to justice. 
 
 Whitley soon discovered that Perry was in Rhode Island, and that to secure 
 
 his arrest certain papers would have to accompany the requisition. Moore 
 
 then wrote : 
 
 The requisition upon the Governor of Rhode Island has no papers attached, but those accom- 
 panying the requisition on the Chief Justice of this district can be carefully detached and attached 
 to the former, if it is necessary to make the arrest in Rhode Island. * * * It is im- 
 
 portant that the arrest be made before the San Domingo matter comes up again in Congress, that 
 the integrity of the President may be fully vindicated. 
 
 Nettleship, who figured in the safe burglary conspiracy, was sent on to Rhodo 
 Island, and found Perry at his home, near Bristol. He reported to his chief : 
 " Perry is nobody's fool. There is no danger of his going away; but he is not 
 the man to be taken by force without the papers are all right." 
 
 The papers were all wrong, as the conspirators well knew, and Nettleship's 
 discovery of Perry's courageous character frustrated the plot for kidnapping him. 
 While he remained at large, and was the custodian of so many dangerous secrets, 
 it was not safe to prosecute the annexation scheme. It was abandoned for the 
 time being, with a view of renewing it at no distant day. But Buenaventura, 
 Baez was shortly deposed, and the foul partnership between him and the Wash- 
 ington authorities was thus permanently terminated. 
 
 So ended Grant's attempt to annex San Domingo to the United States. 
 
THE HISTORY OF A CARPET-BAG GOVERNMENT. 421 
 
 THE HISTORY OF A CARPET-BAG 
 GOVERNMENT. 
 
 HOW SOUTH CAROLINA WAS SHAMELESSLY ROBBED. 
 
 The elections of 1876 swept from power the infamous Republican carpet-bag 
 government which had for years dominated several of the Southern states. On 
 the 4th of March, 1879, the representatives of those governments, with one ex- 
 ception, departed from the Senate forever. That solitary exception, Wm. Pitt 
 KeUogg of Louisiana, is convicted of having obtained his election by fraud, per- 
 jury and bribery, and he will probably be expelled from the Senate at the next 
 session of Congress. Although the cormorants have been driven from the states 
 which they plundered, the memory of their deeds remains fresh in the minds of 
 the people. Their acts will not be forgotten so long as the taxpayers continue 
 to groan under the burden of indebtedness created to line their pockets. 
 
 These carpet-bag governments are responsible not only for the millions of 
 dollars of debt imposed upon an impoverished people, but for the utter stag- 
 nation of the business interests of the states which they controlled and the pros- 
 tration of all the rich material resources of an immense section of the Union. 
 Louisiana, Mississippi, Alabama, Florida, Georgia, North Carolina, South Caro- 
 lina, Arkansas and Virginia all suffered from the invasion of these pests, but 
 South Carolina alone has been able to make a record which shows in its clearest 
 light the manner in which these adventurers administered the affairs of a great 
 commonwealth. 
 
 THE SOUTH CAROLINA INVESTIGATION. 
 
 At the regular session of the general assembly of South Carolina in 1877-78 
 an investigation of the frauds perpetrated in that state under Senator J. J. Pat- 
 terson's regime was ordered. The report of this committee fills a volume of 937 
 pages. It became apparent to the thieves who had plundered the state as soon 
 tis Hampton was elected governor that an investigation of their misdeeds would 
 be made. An exposure was certain to follow the investigation, which would 
 make every member of the Ring amenable to the laws of the state. Prison doors 
 yawned before them, and their only security lay in immediate flight. The ex- 
 odus of carpet-baggers from South Carolina in 1877 will long be memorable. 
 John Patterson remained in close cover at Washington pleading his privilege as 
 United States Senator. Chamberlain, Cardozo, Scott, Parker, Niles, in fact, all 
 the old administrators of the government and robbers of the treasury, fled from 
 the state. Some were arrested. Others were persuaded to return and give their 
 testimony under promises of immunity. 
 
 It was not difficult to obtain a true history of the frauds committed by the 
 iSouth Carolina Ring, State officers, members of the legislature and sub- 
 
422 THE HISTORY OF A CARPET-BAG GOVERNMENT. 
 
 ordinate oflficials came before the committee and unblushingly avowed their par- 
 ticipation in the frauds. There was no concealment of the crimes at the time 
 they were committed. The entire judiciary of the state was controlled by the 
 King. The judges were as coiTupt as the legislators, and as long as the Republi- 
 cans were in power, the thieves scoffed at the idea of punishment. A majority of 
 the members of the legislature were ignorant negroes. The white men at the 
 head of the machine manipulated the negroes as they pleased, and dictated the 
 laws of the state. 
 
 HOW PATTERSON W^AS MADE SENATOR. 
 
 In 1872 there were three candidates in South Carolina for election to the Senate.. 
 They were R. B. Elliott, the especial champion of the negroes, ex- Gov. R. K. 
 Scott, and John J. Patterson, president of the notorious Blue Ridge Railroad 
 Company and a prominent member of the Greenville Railroad Syndicate. In 
 the general state election of 1872 there had been a spirited campaign, from which 
 the victorious candidates came out with exhausted means. For the four years- 
 preceding there had been a carnival of corruption in the state. Many of the new 
 legislators came fresh from the cornfields and log cabins of the rural districts, clad 
 in the homely garb of labor, but, unfortunately, yearning to exchange the raiment 
 of honest poverty for "fine clothes," such as decked the persons of their prede- 
 cessors returning from previous sessions of the general assembly. 
 
 Patterson established headquarters over a bar-room in Columbia, and his strikers 
 announced that he proposed to be elected to the Senate, and was willing to pay^ 
 for it. The evidence taken by the committee showed that Patterson bought the 
 votes of scores of assemblymen, paying from $200 to $1,500 apiece, according to 
 the estimated value of the men. Patterson's election cost him between $50,000 
 and $60,000 more, as he expressed it, "than the d — d thing was worth." The 
 committee, in its report, says : 
 
 In conclu8i«n, the undersigned respectfnlly report that the election of Hon. J. J. Patterson to 
 the Senate of the United States, on December 10, 1872, was procured by corruption and bribery. 
 
 They would further remark that the legislature of 1872-3 was largely composed of new mem- 
 bers, and that they were most solemnly pledged to a correction of past abuses and to the inaugura- 
 tion of real reforms. Some of the members, who may have been unfit for the discharge of the im- 
 portant duties of legislation by reason of ignorance, yet came to Columbia with a desire, in an 
 humble way, to do wnat was right. John J. Patterson enjoys the unenviable distinction of having 
 been the first to place before them the poisoned chalice of temptation, and to corrupt them with its 
 enticing draughts. Need we wonder that they were intoxicated and fell ? Then followed a wild 
 saturnalia of public plunder, the record of which furnishes nothing which is at all pleasant to inves- 
 tigate or to perpetuate in history. But it is due to the cause of good government that the story of 
 the crimes and disasters of the past few years should be written in the journals of our courts of 
 justice in order that it may be a warning to all servants of the people of all political parties of the 
 present and of the future not to prove recreant to high or humble trusts of the republic. Let it also 
 expose the dangers menacing a government resting on any other foundations thau those of educa- 
 tion and good morals. 
 
 PATTERSON'S SUBSECiUENT HISTORY AS TOLD BY HIMSELF. 
 
 The following letters were written by John J. Patterson to Gen. H. C. Worth- 
 ington, collector of the Port of Charleston, S. C. , during the last four years of 
 Grant's administration. They partially tell the story of Patterson's infamous 
 career. The letters begin just after Patterson's election to the United States Senate, 
 when he was in fear of an indictment for bribery, and shed light on various local 
 frauds, and give an insight as to the employment of troops in 1876. 
 
 WATCH THE GRAND JURY. 
 
 Ukited States Senate Chamber, | 
 Washington, January 3, 1873. f 
 Jdy Dear General : I am terrible hard up and run down to less than a hundred dollars. I have- 
 drawn a draft on you at 30 days for $500, on which Sawyer got me the money. Please accept it, 
 and by that time we can provide for it. Perhaps we can get Gurney to help us a little then, as the 
 taxes will be partly paid m then, and money will be in the hands of our friends. I will return to 
 Columbia about the 20th, and we must then make a bold push to pass some bill. Get Bowen [an 
 
THE HISTORY OF A CARPP:T-BAG GOVERNMENT. 423 
 
 ex-CougresBuienl to talk to Jerry, and if he will take hold I want him to introduce our bill. I see 
 Neagle tried to kill Moses. How lucky for the state he did not succeed. 
 
 I find a good feelinir here toward me, as the result of the investigation we had at Columbia. I 
 feci easier tiian I ever did, tmd don't tliink we have anything to fear from an investigation, even if 
 the Senate should order one, whicli is very improbable. I hope you will watch the jury matter at 
 Columbia. Dennis is our friend, and will act in our behalf. Grt him to let you know wlien the 
 names will be made out, and, wh<n drawn, you had better, if pos^■ible, be there. As soon as a vote 
 ia taken on Williams' case and the Civil Rights Bill, I will be ready to go home. I would also like 
 to be here to vote on Shepherd's appropriation for the District. Let me hear what Bowen can do 
 with Jerry, and if you have t^een Moses, and how matters are generally. 1 am happy, only infer- 
 nally poor, but getting used to it. 
 
 I saw Jane. She swears at yon, and then long^ to see you. She says she is after some rich fel- 
 low. I am not in that list, and still feel weak on the charity fellow. Tom Scott will try to pass 
 his bill. If I can only bridge over the bloody chasm for two or three months I will be all right. 
 
 Yours truly, JOHN. J. PATTERSON. 
 
 P. S.— Send on the two notes I sent yon from Columbia, as I will fill them up and renew the 
 notes in the Juniata Valley Bank and put them off until April. 
 
 NEARLY BROKE, AND THAT GRAND JURY TO BE SEEN. 
 
 United States Senate Chamber, | 
 Washington, January 16, 1873. ) 
 
 My Bear General: I have been in such an uncertain frame of mind I have delayed writing you. 
 I saw Scott [Col. Tom] last Sunday a week ago, and he promised me lo raise what 1 needed to pay 
 my debts, but has not done it yet, and says money is to tight he can't do it now. It is true money 
 ia awful tight at the North, but I don't believe him, and I think the trouble about my seat, or 
 rather, fear that there will be a contest, deters him from advancing. I am going over to Phila- 
 delphia this evening to see him, and liope to get some, as I am nearly broke, and must raise some to 
 pay some of my pressiiii; loans. All this, of course, is strictly conlidential. 
 
 The case of Caldwell [a Kansas Senator undercharges of bribery, and a fellow Pennsylvanian of 
 the Kemble school] frighiens them. It looks ugly; but he says he will clear it all up, and if he has 
 half a case the Senate will keep him in. I am very auxious for him to succeed, as it will help me 
 by discouraging any attempt in my case. 
 
 I can hear or no effort to b ; made here. Elliott [colored Congressman] is here, but I can hear of 
 no action on his part. The Senators of both parties greet me ver/ cordially and seem glad I beat 
 Elliott, and I am satislied they will give me a fair chance. Now, I do not wish to return to 
 Columbia as long as tiie legislature is in h-ession, as I do not want to see some of those fellows. 
 There is no use of my going unlei?s something turns up at the court. Can you manage tiiat through 
 Rankle and Dunbar, if I stay away, if any attempt should be made ? Carpenter was here and is 
 all right, and you can confer fully with him. If I am away and it is done it would look better, 
 but of course I will go if it is necessary. If I could have raised money I would have telegraphed 
 you to come on, but I was too poor, and thougtit we could not enjoy ourselves when both were 
 broke. 
 
 I saw Mrs. B. [the seal-lock lobbyist] in New York. She is happy and salubrious. The other 
 fellow [Gen. Roddy] has not returned from Europe. 
 
 It is evident that Ryan and McAdden want to sell the N. and P. R. R., as by the terms payment 
 can be made in bonds and coupons. They will buy it and hold it themselves. It is impossible to 
 get Scott [Col. Tom], or any one else, to go into New Railroad schemes now, as money is too 
 scarce. 
 
 Now, as to the scrip [Blue Ridge Railroad]. If it fails I will be in a bad way; and it is ail 
 Neagle' 3 fault. He is so bull-headed and nearly always wrong that he ruins every one connected 
 with him. I still have hopes that !^ome good may come of his plan. Robertson [then United States 
 Senator from South Carolina] has been active for me in setting things right, and done me great 
 good. He will act in harmony with me in regard to the appointments, and seems very kind and 
 cordial and accommodating. 
 
 I want badly to see you. but think it better for you to remain there until I return, or until after 
 the February court. You should see about the grand jury and the right man for foreman, as he 
 will have power to help us. After it is all over, and if I can raise some money to keep us both 
 going, I want you to come here, and we will remain here until I am sworn in. There will be an 
 executive session cf the Senate for a few days. 
 
 I have written Jacobs to-day fully, and am sorry I have to write 3'ou so much bad news, and 
 hoped to wait for better. However, we should not complain. Even after a victory it requires time 
 to repair damages, and we mu::'t be economical and virtuous until we repair damages. The future 
 looks very promising, and we will flourish. 
 
 Good-by, old fellow, and may God bless yon and keep you from temptation 1 Tell Miles [Parker] 
 his old friend Whiiney is at the Arlington, and is known as the rich and gay Southern widow. 
 Such is life in Washington. I have been nearly tempted several times, but I have lesolved to fear 
 God and eschew evil, and you should do likewise. I will keep you posted as to my whereabouts so 
 you can write or telegraph me. Yours truly, JOHN J. PATTERSON. 
 
 HEART BOWED DOWN — THAT GRAND JURY MUST BE WATCHED. 
 
 J. J. Patterson, President. F. S. Jacobs, Sec. and Treas. 
 
 [Cut of train of cars.] 
 
 Office of the Blue Ridge Railroad Co., 
 Columbia, S. C, Dec. 25, 1873. j 
 
 My Dear General: I have no heart to write or do anything. It is a sad Christmas. You of 
 course have heard of our being completely cleaned out. The secret history I wid tell you when I 
 see you. Frank [Gov. Moses] did not sell us out, only he h;id not the courage to make a fight for 
 us when it was necessary. He is not so much to blame as some others. Old Wesley and Neagle, 
 the one through stupidity, the other through worse, did more to defeat us than, any one el.>^e. It is 
 a long story, and I want to forget it. The only hope is to jiass a bill when they meet again to pay 
 gcrip m bonds at par. This we can do. Cardozo [state treasurer] assures me he will nelp. Per- 
 
424 THE HISTORY OF A CAEPET-BAG GOVERNMENT. 
 
 haps we may get them to allow interest on the scrip. I have given it two months' hard work, and 
 am feeling very badly. Can Bo wen do anything with Jerry to make him go right? They seem 
 cross at iis both [I mean Gilleon and Jerry]. 
 
 I must go to Washington, and would like very much to see you. I can neither sell or rent my 
 house, and will wait until February. I will return here after the legislature meets to try it again, 
 as it is my only hope. My great trouble is how to bridge over the next two months. Can you or 
 Gurney help me in any way? I need five hundred dollars very badly. It seems very strange, the 
 warehouse and drayage all at once turns out nothing when there is so much business in port and 
 when other years it paid so well. Shepherd got no appropriation before the recess, and you can 
 get nothing there. Curse the luck. Everything goes wrong. 
 
 I hear no more stories of bribery, except that I paid Coleman $8,000 to dismiss the case. I wish 
 1 had half that much. Jones was arrested and gave bail. Moses agrees to appoint Dennis jury 
 commissioner. The jury matter must be watched closely, or it may lead to trouble. I must go 
 to Washington, as it will not do to stay away any longer. Could you come to-morrow night and 
 let us look over matters? I forgot to send you Mounce's name, although I presume you got it from 
 the newspapers. It is W. H. Mounce, but I can't find out what the W. stands for. You had better 
 write to him and inquire. I will start on Sunday or Monday. 
 
 Telegraph me if you can come up Friday night. Wishing you had more pleasure to-day than I 
 have had, I remain. Yours truly, JOHN J. PATTERSON. 
 
 DEAD BROKE, AND BOSS SHEPHERD'S APPROPRIATION NOT MADE. 
 
 Columbia, Dec. 27, 1873. 
 Dear General: I enclose you note indorsed, which you can fill up. For God's sake try to get it, 
 •or I can^t go to Washington, as I am dead broke and can't raise any money. I loaned some money 
 around and now can't get a dollar in return. Try early Monday morning and telegraph me. If 
 you fail I don't know what in the hell to do. If you get it, telegraph me here, and get a draft pay- 
 able to my order and forward it at once to me at Washington. 
 
 Be sure to give Mounce a place or he may ^o back on us. After you see the appropriation made 
 ■for Shepherd you should come on, and we will try to get something out of him. That will not be 
 until February. Hoping to hear from ^ou favorably, I am yours truly, 
 
 JOHN J. PATTERSON. 
 I inclosed two [notes], thinking it might be easier to get two discounted for $250 each at differ- 
 '.ent banks. 
 
 IF DENNIS IS JURY COMMISSIONER ALL WILL BE WELL. 
 
 Columbia, Dec. 29, 1873. 
 My Bear General: Your despatch received, and was more bad news. I start to-morrow, and 
 what I am to do is a mystery. If you possibly can get $250, do it, and send it to me. Moses will, 
 he says, appoint Dennis [jury commissioner], and ir he does Dennis will be all right. See him 
 when he goes to Charleston on 1st January. I make Frank [Gov. Moses] believe we do not blame 
 him, and put it all on Cardozo; and when you meet him be friendly with him, and say that we do 
 not "blame him, and that I have written you that way. We must keep in with him, and, if possible, 
 get something for our scrip, so we will have it out of the next campaign. 
 
 Try, if possible, to raise me $250 on one of those notes. Write me to Washington. Be sure to 
 attend to the drawing of the jury. Gen. Robertson is here, and says I have trouble ahead in Wash- 
 ington—that them attacks have done me harm. Good-by. 
 
 Yours truly, JOHN J. PATTERSON. 
 
 READY FOR A HELL OF A FIGHT. 
 
 United States Senate Chamber, I 
 Washington, Dec. 11, 1874. j 
 
 My Dear General: Yours received. I am not despairing of the party or the Republic, and am 
 ready for a hell of a fight, and only regret we must wait so long ; but I feel hurt that Chamberlain 
 should go out of his way to insult me by appointing such a fellow as Jones, who is no one's friend, 
 only Cardozo' 8 spy, and who abuses me on all occasions. Puffer, Solomon, Judge Carpenter and 
 myself went to lum and asked it should not be done, and he assured us he had made no such 
 promise. It was a deliberate lie, and a mean one, and he should be ashamed of himself. When I 
 think you and I, Puffer, Carpenter, and only a few were his friends over a year ago, and deter- 
 mined to make him governor before Melton or Cardozo believed he had any chance, it seems very 
 nnkind in him to disregard our wishes. As he, Cardozo and Elliott offer us no share of their patron- 
 age, I propose that we use our patronage entirely for our own benefit, but not now, as it is time 
 enough. 
 
 No doubt Chamberlain thought it would soothe us by writing to you that he would stand by us. 
 I do not know that we need his help, and let him show his gratitude by refusing to give our enemies 
 places. Rainey is very much excited because I will not help to remove Sam Lee, and he can't do it 
 without me. There is no use in our quarrelling with these enemies when they feed us. We made 
 ourselves odious to the people of the state by fighting the battles for Elliott and Chamberlain, and 
 now they are willing to see us cursed if they can be praised. We hold the cards and I propose to 
 play them in future for our benefit. When you come up we will talk the whole matter over. 
 
 I trust Bowen and Puffer will get their jud;^e, but Chamberlain told me he was opposed to 
 Baker because he was a carpet-bagger, and it would not do to run that question too strong. I felt 
 cross then, and told him he had oetter not talk that way or it would ruin him. From that time 
 I gave up my confidence in him. I know he will cheat all our friends in the state. Like Moses, 
 he will think it best to break us all down, and, like him, he will fail. I am in good spirits and 
 having a good time, and do not want to change my luck. Yours truly, J. J. P. 
 
 HELL AND THE POORHOUSK NOT FAR OFF. 
 
 United States Senate Chamber, ) 
 Washington, Jan. 23, 1876. \ 
 Dear General: I have delayed writing, intending to go South if necessary. I do not think it is 
 at this time. The grand jury will be drawn this week, and as soon as we know the complexion of 
 
thp: history of a carpet-bag government. 425 
 
 « 
 
 it we can tell where we are. I look for the worst kind of jurors, as the Chairman of County Com- 
 missioners is George Davis, a Democrat, but I guess Nash can do something with him. After the 
 grand jury is announced it will be time enough for me to go down. 
 
 Baldwm writes me that Warner told him that owing to the reduction nothing had been paid up, 
 and the matter was dropped. When Cunningham [Mayor of Charleston] taxes his policemen $20 
 per month for three months, on a salary of $60, to raise money, I think your employees, with sal- 
 aries ranging from $750 to $2,500, should help to carry the load. To-day they all hold their places 
 through me, for, if I would join in the effort to turn you out, there would be no one to oppose it, 
 and they would all be turned out, and would soon find their present salaries three times what they 
 could make outside. However, I am glad they did not give anything, as it might be brought up 
 against you and me in the fight against you. I will stand by you, but hereafter hope you will not 
 hesitate to turn any of them out to make room for some one who can help us politically. These 
 fellows do not thank us, and I propose to disregard their interests hereafter. As I said, it is well 
 nothing has been paid, and I ask that nothing shall be, as it will only be used against us. 
 
 No matter how much I do for other people, no one is ready or able to help me. You are the 
 only one who tries to help me, and I certainly appreciate it. If I would consent, every Federal 
 officer would be removed except Corbin and Bowman. I confirmed Corbin [U. S. district attor- 
 ney] to show him I would keep my promise, and if he breaks his to me I can't help it. You and 
 Bowman made me go for him. 
 
 I see no way now to hold my house. If I had not relied upon the money yon expected to raise, 
 I would have brought my furniture here, but it is sold, and Baldwin got the pay, and I suppose now 
 I am to lose house, furniture and all. Well, every day things get worse. Hell and the poorhouse 
 can't be far off ! 
 
 Of course, we could not tell about the reduction, but where there is a will there is always a way. 
 Now, let it go, and do say, or do nothing but tell the committee to drop it finally. I can't raise the 
 money to furnish this house, and, with a prospect of indictments ahead and lawyers' expenses, I 
 do not wish to go in debt. I am so much troubled sometimes I get perfectly desperate. What a 
 fool I was to impoverish my family and myself, and to render myself liable to prosecutions, in 
 order to secure and hold an office to benefit every one but myself. Hereafter I propose to only help 
 them who help me. I am getting very poor at the generosity game. Spencer [Republican Senator 
 from Alabama] told me his Federal officers raised him ten thousand dollars in one year, and he hag 
 not as many as we have, I don't believe. 
 
 I talk thus freely to you, as we understand each other. We have been too easy and too free 
 with our former favors and patronage. It may be too late, but let us help ourselves. Cass Car- 
 penter is here, and gives me all the news. I have read Whipper's speech. It is heavy, but true 
 and just. 
 
 Everything here is all right. Everbody is getting Radical, and the whole North is waking up to 
 understand the Southern question, A unitea Democratic South has alarmed the North ! You are 
 all right, and I do not fear any danger. All our friends will stand by us. After we hear about the 
 grand jury we can determine about my going down or your coming up. I will write Dennis 
 (jury commissioner] to write me as soon as it is announced. Cass will also write me. 
 
 I am very well. Willie is here from school. I really could not afford to send him. He is young 
 yet, and may go hereafter. He is my clerk. Your friend, 
 
 J. J. PATTERSON. 
 
 A HELL OF A TIME, BUT BOSS SHEPHERD A TRUMP. 
 
 United States Senate Chambeb, | 
 Washington, May 8, 1876. \ 
 
 Dear General: I have had a hell of a time with your bond. Park, the agent, reported against 
 its sufficiency, owin^ to the condition of Solomon and Dunn, and the fact that McKenley and Tom 
 Johnson were on other bonds. He did all he could to damage the bond, and Bluford Wilson [So- 
 licitor of the United States Treasury] decided it not good. 11. C. Johnson [Commissioner of Cus- 
 toms] said he would overrule Wilson if I could get a strong man on here. I went to Gov. Shepherd 
 and told him how you were being persecuted, and asked him to go on, and this morning, like a man, 
 he went up and went on the bond and justified in $50,000— thus taking the whole bond upon him- 
 self if your other sureties are not good. The agent reports Gurney and Bart good; McKenley and 
 Johnson and Sanborn and Howard only probable, and Solomon and Dunn not good. 
 
 As soon as Shepherd signed the bond, Commissioner of Customs Johnson at once approved the 
 bond, so it is all fixed. I want you write Shepherd, thanking him for his kindness. Mr. Rawlins 
 was present and told Shepherd the condition of the office and accounts. Johnson told him it was 
 one of the best offices in the country. Now say nothing to any one, only keep quiet and your own 
 counsels. You have triumphed, and that is enough. 
 
 Butts has injured his case by rushing into the newspapers, and I think the result now will be 
 that Mackey will be ousted and a new election ordered. I wrote that Bowen and friends would 
 consult with Elliott and others and agree upon a candidate and a programme. Whoever is the can- 
 didate must agree to raise money, and if he can't he should not ask us to support him. Grant 
 seems unwilling to remove Bowman now without cause. Jewell [Postmaster-General] seems will- 
 ing to do it, but Grant, as usual, hesitates to do what is decent. I have kept it very quiet, and want 
 you to say that no effort is being made to remove Bowman. I will get him out after a while, only 
 I do not wish to make a losing fight. 
 
 I am awful poor and do not know what to do. Is there any possible chance for you to take care 
 of a draft for $500 ? I go to the Centennial to-morrow with my wife, but we only remain there on 
 Wednesday and return on Thursday, and go by special train to York, so that I have not written 
 Mrs. W., as she would not desire to go over for one day. We go over because we are to go as dead- 
 heads. Mrs. P. and the boys will go over again in June, and I think Mrs. W. had better go then 
 with us, and you will be here and can go along. 
 
 We had the Emperor [Dora Pedro] m the Senate gallery to-day. He is a good-looking man and 
 travels quietly, and goes about like a private gentleman. 
 
 I am glad Stone was appointed. It will show Elliott how Chamberlain feels. I had a letter from 
 Judge Carpenter, who is still for fight. I am anxious to see you all, but will wait until we get to- 
 gether in June. I am afraid Cass Carpenter will fail in his bond. Corbin has it now. I thihk Don 
 Cameron will go into the Cabinet in a few days, but I do not know in whose place. Say not a word 
 about it. Glad Jo Cain beat Mackey. Your friend, 
 
 JOHN J. PATTERSON. 
 
426 THE HISTORY OF A CARPET-BAG GOVERNMENT. 
 
 DON CAMERON WILL RESPOND FREELY. 
 
 Unitkb States Senate Chamber, > 
 Was-hington, July 30, 1876, j" 
 
 J/w Dmr General: Your letters have all been received and read with pleasure. I have not 
 answered becauee I hate to write letters and have little to say. We are waiting, bat everything i» 
 uncertain, and no one can tell when we will adjourn. We will stand out, and if the House insists, 
 we may not adjourn unless Grant sends us home by cause of disagreement on adjournment. I have 
 been at Morrill [Secretary of the Treasury] to approve of Shine's removal, and he has agreed to do 
 it. Yesterday I was there, and Conant [Assitant Secretary of the Treasury] sent for the papers and 
 promised me to attend to it, and I guess he will. I will see him to-morrow again. I am watching 
 things at home with great interest and am very anxious to go and will be there by the 15th, if not 
 sooner, I will give up Congress, as I want to be at home and take a hand. 
 
 I have much to tell you, but can't write it, and will wait until I get home. Don Cameron is all 
 right, and we can get all the help we want. I go to New York Tuesday, to attend meeting of exec- 
 utive committee [National Republican] on 2d August, as I am on it. Potter goes out as architect. 
 That is good. Gov. C. was very anxious while here, and I told him I guess we would be all right. 
 
 I hope the Dems. will nominate on 15, and then we can throw Gov. C. overboard, and there i< 
 no one that can offer him belter terms than I can. He will trust us before those other fellows. 
 However, it will be time enougli when I get down. Smalls is very bitter against Gov. C. You get 
 all the news in the papers, while I can tell nothing of S. C. affairs from the papers. 
 
 Yours truly, J. J. PATTERSON. 
 
 MODEIi LETTER FROM A UNITED STATES SENATOR, 
 
 United States Senate Chamber, \ 
 Washington, July 22, 1877. j 
 
 Dear General : Yours received and of course gave me great anxiety. I have emploi^ed Colonel 
 Cook, one of our shrewdest lawyers, and he says they can only require me to give bail here, and 
 that I can demand a hearing, and the}^ must prove their case, and that I can offer proof of my 
 innocence, and if the commissioner thinks proper he can dit^charge me. He says I can resist even 
 if I am indicted, which cannot be until October. Judge Carrier would grant the requisition, and 
 he is all right. It will be so apparent an effort to get me out of the Senate that every one will 
 understand it, and make me friends and create sympathy for me. I will keep a sharp lookout, but 
 in no event shall I be taken back to S. C. 
 
 Dennis is staying here, and seems very uneasy. I have seen Scott to-day. He is uneasy, but 
 pretends otherwise. I can't think they will attempt to send for any of us without an indictment. 
 I will telegraph you if they come for me, and I may need your testimony in my behalf, and vou 
 will understand if I telegraph you to come here. Now to pleasure: 
 
 One day last week I saw a splendid looking girl in the Ninth street car. I was bad struck. I 
 saw her another day in a store. On Friday I wrote a note to your friend Miss Van Buren to meet 
 me at Crosby's on Saturday, but she did not come. I sent her a note that I would like to see and 
 say where I "could see her, and she sent me word to come and see her at her rooms yesterday at 4, 
 and when I went, found her to be my street car lady. She is gorgeous. She put on airs, and was 
 very stiff, and I made an excuse that you wanted me to help her to get an ottlce, and had asked me 
 to call, but I had forgotten her address and had written you for it. She seemed afraid of me, was 
 engaged last evening, said she would go away to-day for a few days. I asked her to let me know 
 when she returned, and she only half promised. She said she was going to write you, and if she 
 does, tell her I will befriend her. We must not let that go out of the family. Keep up heart; keep 
 me posted. Your friend, PATTERSON. 
 
 DON CAMERON'S ORDER MEANS "BIZ." 
 
 United States Senate Chamber, I 
 Washington, Aug. 18, 1876. j" 
 
 Dear General : I enclose you Bemy's appointment. Have him make up a strong bond, as 
 Senator Robertson will strike at it. Have it approved by.Corbin, if possible. Say nothing, and 
 keep it quiet if you can. Sheer's removal was ordered to-day. I am getting things ready so I can 
 go down, and expect to start on Monday or Tuesday. 
 
 Hampton's nomination will unite our party and prevent any bolt, and if we throw Gov. C. off 
 he must still support the ticket. Don Cameron's order [sending troops to South Carolina), means 
 " biz." We will »et all the troops we want. I had them ordered to Laurens, Edgefield and Black- 
 ville, and we will have other places filled. 
 
 I have very much to tell you, but will Avait until I see you. Everything looks well and our 
 friends are very confident. Yours truly, JOHN J. PATTERSON. 
 
 BLAINE, HALE AND FRYE WANT ME IN MAINE, 
 
 United States Senate Chamber, { 
 Washington, Aug. 26, 1876. f 
 
 My Dear General .• Your letters all received, I can't leave here until after next Wednesday, and 
 I hope by that time Bemy's bond will be received, I would like to be here to help it through, as 
 Tom Robertson may object to it, I guess it is as well for me to be away from S. C. just, now. Lei 
 Dunn and D. H. C. fight, and let us be friendly to both, and when the Convention meets we will 
 know what to do. I do not know what is best to do even if I can be nominated [for governor] , 
 but you and Bowen and I will talk it over. 
 
 Shine's removal has been ordered, and I presume you have the secretary's letter. Hiram goes 
 out and StoUtsund takes his place. I found Grant wanted to give him some place, and proposed - 
 this. He is our friend, and will do what you waut. But don't say I had it done. I could not get 
 it for Dennis, and when I found I could use (name illegible), thought it would be wise to do it. 
 
 1 guess I am doing as well here as if I was at home. Blaine, Hale and Frye want me to go tc» 
 Maine and repeat my speech there. I would like to go on Thursday next, and stay so I could 
 reach Columbia on the 11th. If you think I could stay away telegraph me. My speech is univer- 
 sally commended, and is highly spoken of. I guess it was a success. Keep me posted. I hope 
 Bowen will succeed in his matters. In the meantime, I have a little good (rye). Don't you take 
 water, old fellow. It is good to sec the Reps snub D. H. C. 
 
 Your friend, JOHN J. PATTERSON. 
 
THE HISTORY OF A CARPET-BAG GOVERNMENT. 427 
 
 TELL AS LITTLE AS POSSIBLE. 
 
 United States Senate Chambeh, I 
 Washington, July 28, '77. f 
 Deaf General: Just returned ; have seen Jake. He is all right, and will do what is wanted. I 
 have received year letters, and also your despatch saying you are enmmoned. I would go, and 
 refuse to answer anything, especially on the ground of your being counsel for Parker and Scott and 
 Moses. You can prove that by Jacobs and me. Tell them you only knew of the Mooney and Leg- 
 gett warrants as counsel. The story of Moses about those certificates is all t'tuff. If ever I bought 
 any it was on the street. He can't substantiate this story, and Jacobs and I know it is not true, but 
 don't say anything about it. Tell the committee as little as possible. In regard to my election, 
 decline to answer on the ground that you were my counsel and acted as such, and all you know was 
 obtained in that confidence. They can't commit you for contempt until the legislature meets, and 
 by that time I think we can h'lve it stop'd, or you out of their reach. Write me after you testify. 
 I send this to Columbia. I still do not think they will find anything against you and me except in 
 regard to my election, and I do not believe they will press that. I still think they will let you and 
 me alone. I am anxiously looking for Butler. If he is in Columbia let me (know), and find out 
 when he is coming. 1 care nothing for what Moses may tell or say. I will write you to-morrow 
 again. I will keep Jake posted. 
 
 Yours truly, J.J.PATTERSON. 
 
 A MODEL CARPET-BAG LEGISLATURE. 
 
 "A state has no right to be a state unless she can pay and take care of her states- 
 men," said the Hon. C. P. Leslie, a carpet-bag State Senator of South Carolina. 
 This opinion met with the unanimous approval of every other Republican in both 
 branches of the assembly. Right nobly did South Carolina take care of her 
 "statesmen" under the carpet-bag regime. The supplies purchased during one 
 session of the legislature, under the head of ' ' legislative expenses, sundries and 
 stationery," cost $350,000, of which sum not less than $125,000 was paid for "re- 
 freshments," "wines," "liquors" and "cigars." The legislative duties of the 
 South Carolina statesmen were extremely fatiguing. The climate of the country 
 being naturally enervating, it became necessary for the assemblymen to provide 
 some place where needful repose might be obtained. 'A large room in the State 
 House was fitted up in the most elaborate manner. The walls were magnificently 
 decorated, furniture the most costly was purchased, and every luxurious appli- 
 ance necessary for the bodily comfort of the members and pleasing to their artistic 
 tastes, so surprisingly developed, was obtained regardless of cost. Nor were 
 their grosser natures neglected in this legislative retreat. Westphalia hams, Bo- 
 logna sausages, imported cheeses, gilt-edge butter, sardines, smoked and canned 
 salmon, beef, buffalo tongues, fresh oysters, mushrooms, guava jelly, pickles, 
 brandy cherries and peaches, French chocolate and other refreshments filled the 
 larder. Bottles of various brands of champagne. Moselle, Catawba, Chateau la 
 Rose, La Fitte, sherry, Madeira, cognac, rye and bourbon whiskies, gin, rum and 
 bitters were on hand to promote digestion. Negroes whose only acquaintance 
 with tobacco previously had been the mastication of horse-leg plug and manufac- 
 tured leaf, smoked imported brevas, partagas, espanolas, conchas and other brands 
 of choice cigars. The champagnes cost $40 per case, port wine $40 per dozen, 
 brandy $20 per gallon and other articles in the same proportion, all paid for by 
 the state. 
 
 A WONDERFUL BAR-ROOM. 
 
 The State House bar-room was kept open from 8 A. M. to 3 A. M. There the 
 state officials, judges, Senators, members of the House, citizens generally and in- 
 vited guests assembled and discussed affairs of state. The legislators of South 
 Carolina developed a fertility of resource, a knowledge of mankind and a true 
 insight into the needs of the commonwealth under these circumstances which is 
 unequalled in the history of legislation. The investigating committee examined 
 the barkeeper of the State House restaurant. Although familiar with social resorts 
 of large cities, the barkeeper said that "he never saw a bar-room equal to the 
 State House restaurant for drinking, smoking and talking." The amount of 
 
430 THK HISTORY OF A CARPET-BAG GOVERNMENT. 
 
 ex-Senator Patterson were the bright liglits of the pay certiiicatc li'-.w-j:. Th<> for- 
 mer issued ♦-^le c«Ttifieates »nd the liitter purchased them. 
 
 cient cigars to supply the demanu lOi^.v. ^i,^-„^A ^.j,^* u .^n.^ •> -t^"n.,rio hptween 
 always filled their pockets when they put their hands in thelK)x. The state, more- 
 over, paid for large quantities of liquors and cigars furnished members at their 
 boarding houses. On March 4th, 1872, one dealer furnished the Senate with 
 $1,631 worth of wine and liquors, and on the 7th, three days later, he sent to the 
 Senate $1,852.75 worth, aggregating $3,483.75 in that brief space of time. The 
 liquor bills were always promptly paid, while the free schools were closed, teach- 
 ers unpaid and the inmates of the lunatic asylum were suffering from lack of 
 proper clothing and food. Thte following is a literal copy of one of the bills found 
 among the vouchers of the clerk of the Senate : 
 
 Columbia Feb 22th 1872 
 Gov. A. J. Ransiekb Dr. 
 
 To Joe Taylob 
 for licours and segara and other Articulars $280 00 
 
 Recuieved paymen 
 
 Job Tatlob. 
 
 During watermelon time the negro legislators revelled in the delicious fruit, as a 
 
 bill of $1,080 presented by a fruiterer shows. 
 
 FURNITURE BOUGHT BY THE STATE. 
 
 Not in the purchase of wine, liquors, cigars and watermelons alone did South 
 Carolina show her liberality toward her "statesmen." The state bought furni- 
 ture for the members of the legislature. Over $400,000 was paid for furniture 
 within four years, and at the expiration of that time there was by appraisement 
 $17,715 worth of furniture in the State House. Members who had rarely enjoyed 
 the luxury of sleeping on anything softer than a husk mattress or bundles of straw 
 came to Columbia and furnished their beds with sponge mattresses as naturally as 
 though they had lived lives of voluptuous ease. When the pattern of the Wilton 
 carpets upon the floor of their apartments failed to please the eye, or the color of 
 the satin upholstery became tiresome, the colored gentlemen shipped it off to 
 their log cabins in the countrj' and ordered a new outfit. Rooms were re- 
 furnished as often as three times in the course of two years. At the expira- 
 tion of a session of the legislature the furniture would be removed to the homes 
 of the members, never to be returned. A house of ill-fame in Columbia was 
 furnished at the expense of the state. Musical instruments were bought with the 
 public funds, and the sweet strains of the melodeon and accordeon helped the 
 members to wile away their leisure hours. Bills for carpets aggregating thousands 
 of dollars were paid; $68,000 was paid for stationery in one session. Gold pens, 
 jack-knives and bronze inkstands were consumed with great avidity; every mem- 
 ber (even those who could not write) was supplied with a Webster Dictionary 
 unabridged. 
 
 Diamonds were as plentiful in the South Carolina legislature as in the mines of 
 
 Golconda. Huge stones flashed from the white bosoms of the legislators with 
 
 dazzling radiance. Huge watch chains, from which depended expensive gold 
 
 watches, w^ere hung about the necks of these "statesmen. " South Carolina paid 
 
 for these adornments. Mr. Woodruff, clerk of the Senate, kept a diary during 
 
 the era of this extravagance, and a glance at his memoranda now and then is 
 
 interesting. Here is one : 
 
 Wednksday, January 15th, 1873. 
 Collected certificate for $945, and paid Hay den for Whittemore's watch. Gracious goodneee ! 
 Whittemore will have somewhere about ten thousand dollars this session. That ought to be satis- 
 factory. He is always, though, after one more. 
 
 Whittemore was a state Senator. The prudent statesmen stole the coal and 
 
THK HISTORY OF A. CARPET-BAG G0VERNMP:NT. 431 
 
 Speaker Moses testified : 
 
 Some time diirine: the session of 1871-72, Jolin J. Patterson came to me and proposed that if I 
 would turn over to him blanlc pay certiflcates he would have them filled up with fictitious names 
 to the amount of S-^0,000, and if I would sign them as Speaker, and have Jones attest them as 
 clerk, he would pay me $10,000, he to keep the certificates. I accepted the proposition, delivered 
 to him a batch of blank pay certiflcates, and he returned them to me filled out, I think in the hand- 
 writing of F. S. Jacobs, cashier of the South Carolina Bank and Trust Company, to the amount 
 above stated. 
 
 The evidence further shows that they were duly signed, and that Patterson paid Moses in cash 
 $7,000 at one time and $3,000 at another. 
 
 Woodruff, clerk of the Senate, kept a diary, iu which he entered liis opinions 
 of what was going on with great freedom. This is a sample entry : 
 
 Tuesday, March 17, 1874. 
 Signed and jjave out certiflcates to a great number to-day. Almost signed the state away. I 
 did hope that Gleaves and Lee would be able to stand the pressure. It's just awful ! 
 
 LEGISLATIVE EXPENSES. 
 
 The total legislative expenses 'of the South Carolina General Assembly under 
 
 Eepublican administration, were as follows : 
 
 For 1870-71 ' $822,608 83 
 
 For 1871-'72 1,533,574 78 
 
 Forl872-'73 908,855 00 
 
 For 1873-74. 922,536 00 
 
 The legislative expenses in 1876-'77, under Democratic administration, were 
 $84,096. The surplusage over this sum represent the amount stolen by the Re- 
 publicans at each preceding session of the legislature. 
 
 THE PRINTING SWINDLE. 
 
 The Republicans of South Carolina were not content with the proceeds of their 
 robbery of the people by the issue of fraudulent certificates. Every institution 
 of the state was laid under contribution and every scheme that rascally ingenuity 
 could devise to bleed the taxpayers was put in operation. The division of spoils 
 extended from the highest officers of the state to the lowest members of the as- 
 sembly. The only difference between the operations of the Republican Ring iu 
 Pennsylvania was that the matter of the latter w^as "addition, division and si- 
 lence, " while the former only looked to "addition and division "and did not 
 deem it necessary to maintain silence. The carpet-baggers thought it necessary 
 to have the support of the press, and as all of the established organs were Demo- 
 cratic they used the funds of the state to start various Republican newspapers, 
 daily and weekly, throughout the state. Their principal organs were the Charles- 
 ton Daily Repuhlican, the Columbia Daily Union and the Columbia Union- Herald. 
 A large amount of money was expended annually for their maintenance. Bills 
 purporting to be presented by virtue of law were illegally and fraudulently in- 
 creased in amount to many thousands of dollars, and paid year after year from 
 the state treasury. 
 
 At first the division of the money thus obtained was confined to a few leading 
 members of the assembly, but as the. demands for money increased the scope of 
 operations was widened and the Carolina Printing Company, a firm composed of 
 state officials and the editors of the Republican and Union, was formed. Pay cer- 
 tificates for public printing were issued right and left, and thousands of dollars 
 were stolen annually in this manner. Claims for current and permanent printing 
 w^ere raised in many cases three times the original amount and the proceeds di- 
 vided among the Ring. 
 
 From 1868 to 1876 the amount appropriated and paid for printing, including 
 the publication of the general laws and claims for printing, was $1,326,589, a 
 sum largely in excess of the cost of public printing from the . establishment of 
 the state government up to 1868, including all payments made during the war in 
 
432 THE HISTORY OF A CARPET-BAG GOVERNMENT. 
 
 confederate currency. In 1873 the public printing in South Carolina cost $450,* 
 000, exceedip'^ the cost of like work in Massachusetts, Pennsylvania, New York, 
 Ohio and Maryland for that year by $123,932.13. Ohio, with nearly four times 
 the population of South Carolina and over nine times the capacity to pay, ob- 
 tained her public printing for $63,000. 
 
 ORGANIZATION OF THE PRINTING COMPANY. 
 
 The South Carolina Printing Company was organized in 1870 by J. W. Denny, 
 R. K. Scott, N. G. Parker, D. H. Chamberlain, J. W. Morris and L. Cass Carpen- 
 ter. The committee say : 
 
 Senator Leslie told Woodruff that " the friends " in the Senate thought that as this was a matter 
 of Senate patronage they should have a percentage of the profits from the printing. In order to 
 carry out the wishes of " the friends," Mr. Leslie proposed that pay certificates for various amounts, 
 ranging from three to five thousand dollars, for current printing be drawn, and one-third or one- 
 fourth of the amount realized be given to the Chairman of the Committee on Printing for division 
 among " the friends," including some fifteen or sixteen Senators. This system was carried out as 
 long as moneys could be paid out of any sums in the treasury, not otherwise appropriated, and was 
 onlj"- checked and stopped when the law for specific appropriations and payments was enacted. 
 Besides this. Woodruff testifies that a vast deal of unofticial work was done by the company for 
 State officials, friends and members of the general assembly; that the certificates were usually 
 discounted at the South Carolina Bank and Trust Company, of which bank Governor R. K. Scott, 
 Treasurer Niles G. Parker and Attorney-General Chamberlain were stockholders. The checks in 
 the hands of the committee are but a portion of the amounts paid during the time of the above 
 arrangements. The money was deposited to the credit of the Printing Company, and sometimes, 
 according to the witness, division or gratification checks were drawn against deposits in the 
 Carolina National Bank and Central National Bank, which checks he supposes are still held by 
 these banks. 
 
 SCOTT, PARKER AND NEAGLE, MOSES AND CARDOZO. 
 
 Gov. Scott, Treasurer Parker and Comptroller Neagle formed a combination 
 
 whereby $45,000 of printing accounts were sold to Neagle, afterwards raised and 
 
 receipted for on the treasurer's books at $90,000, thus defrauding the state out of 
 
 $45,000 at one stroke. This sum was divided equally among the conspirators. 
 
 Out of the appropriation of $280,000, approved December 21, 1872, $98,500 was 
 
 paid at one session as bribes and "gratifications." Gov. Moses, Treasurer Car- 
 
 dozo and twenty-two out of thirtj-'-three Senators participated in this steal. Every 
 
 session money was appropriated and stolen in this way. Here is an extract from 
 
 Woodruff's diary appropos of the printing steal. 
 
 Thursday, January 16, 1873. 
 Cardozo gave us checks for $100,000. I propose to give Cardozo $12,000 out of this. That will 
 be a big thing for him. If we had Parker we would probably have had to pay hall of it and then 
 not get it. Jones and self will come out clear about thirty thousand dollars between us, or $15,000 
 each. 
 
 In comparison with the usual record of payments made by Woodruff, the fol- 
 lowing entry seems amusing : 
 
 Tuesday, February 4, 1873. 
 Gave Mr. White a check for $25, and we agreed to stand by each other to the last. 
 
 Out of an appropriation of $230,000 made for printing in 1873, $41,269 was 
 paid to seventy-seven members of the House out of a total membership of 124. 
 The instances above given, selected from a multitude of similar ones, will illus- 
 trate how tenderly South Carolina cared for her Republican " statesmen." Under 
 Democratic administration, in 1877, the public printing of the state cost $5,222. 
 
 THE GREENVILLE AND COLUMBIA RAILROAD SWINDLE. 
 
 When John J. Patterson entered Soiith Carolina, his first manoeuvre was to 
 become identified with the material interests of the land of his adoption. It was 
 rough on the material interests of the state, but a good thing for Patterson, 
 " Honest John " set himself up in business by obtaining a contract for the com- 
 pletion of the Blue Ridge Railroad, which contract was annulled by the payment 
 of $80,000 to him out of the treasury of the state. Out of his share of the pro- 
 ceeds of this robbery he organized a Ring composed of public officials to obtain 
 possession of the Greenville and Columbia Railroad. In this Ring were included 
 
TllK HISTOHY OF A CARPET-BAG GOVERNMENT. 433 
 
 Patterson, George W. Waterman, representing the interests of Gov. Scott, Trea- 
 surer Niles G. Parker, State Auditor Tomlinson, Comptroller General Neagle, 
 Attorney-General Chamberlain, Secretary of State Cardozo, Land Commissioner 
 Leslie, Financial Agent Kimpton, Joseph Crews, Chairman of the Committe on 
 Railroads, and Representative Tim Hurley. The state at that time owned large 
 amounts of stock in various railroads, which had been acquired in consideration 
 of bounties conferred upon those corporations. 
 
 THE BEGINNING. 
 
 An act was passed by the Ring creating a sinking fund commission which 
 was empowered to sell all the unproductive property of the state. The commis- 
 sioners appointed under the act were the members of the Ring organized by Pat- 
 terson, The ostensible purpose of the act was to enable the state to sell dam- 
 aged granite, marble and other materials laying about the State House. The real 
 purpose was consummated by the sale to the Ring of 21,698 shares of the Colum- 
 bia and Greenville Railroad stock, bought by the state at $20 per share, aggre- 
 gating $438,960, for $2.75 per share, aggregating $59,969.50. The stock of the 
 state in other railroad corporations was also sold and the fund transferred to the 
 financial agent, from whom it was stolen by the thieves who concocted the 
 scheme. 
 
 WHOLESALE BRIBERY. 
 
 The act authorizing the creation of the commission was passed by bribery, the 
 means being furnished by Financial Agent Kimpton. After the Ring had ob- 
 tained possession of a majority of the stock of the road another act was carried 
 through the legislature by bribery, authorizing a further issue of bonds of the 
 road and its consolidation with the Blue Ridge road. A well-devised scheme was 
 concealed underneath the wordy sections of this voluminous act. The state held 
 a lien for indemnity against her indorsement upon $1,500,000 of guaranteed 
 bonds of this company, so that subsequent bonds would be of little or no value 
 and could not be sold by the Ring. The Ring devised a section in the bill by 
 which the lien was postponed to bonds to be issued under a second mortgage, 
 thus enabling the Ring to divide and put their bonds upon the market, the only 
 security held by the state being swept away and a contingent debt of $1,500,000 
 fixed upon her. Although the Ring obtained the stock owned by the state by 
 fraud, it became necessary for them to buy of private holders in order to secure 
 control of the management. Financial Agent Kimpton was applied to for funds. 
 He had in his possession many millions of bonds of the state for sale or hypothe- 
 cation, and although the proceeds of the sale of the bonds were only applicable 
 to the purposes of the state, Kimpton raised by the sale of state ])onds enough 
 money to buy about $173,000 worth of stock par value. 
 
 THE IMPEACHMENT SWINDLE. 
 
 During the Republican carpet-bag administration of South Carolina, the le^aders 
 were constantly waging a secret warfare against each other. The state officials and 
 members of the legislature were aware of the extent of the plundering conspiracy 
 and knew about the share that each man received. The principle of "honor among 
 thieves," which is supposed to apply in the select circle composed of pickpockets, 
 burglars and thugs, in the larger cities, was unknown in Columbia. "When the 
 state's money gave out these worthies would fall to robbing each other. Among 
 such expert thieves the task was a diflicult one. 
 
 An investigation of the state debt showed beyond peradventure that the 
 Financial Board., composed of Governor Scott, Treasurer Parker and Attorney- 
 
434 THE HISTORY OF A CARPET-BAG GOVERNMENT. 
 
 General Chamberlain liad illegally issued several millions of state bonds. On the 
 18th of December, 1871, C. C. Bowen, a member of Charleston, introduced a 
 resolution to impeach Governor Scott and Treasurer Parker for high crimes and 
 misdemeanors. John J. Patterson saw a brilliant opportunity to make a strike. 
 The legislature was overwhelmingly Republican, the members generally had 
 participated in the numerous frauds originated by the men it was sought to im- 
 peach, and there was no prospect of the passage of the impeachment resolution. 
 Patterson wanted money, however, and he began operations on Scott, 
 
 Assisted by his tool, H. G. Worthington, Patterson set about frightening Scott. 
 He informed the governor that impeachment was certain to follow the result of 
 Ms misdeeds unless something was done to prevent it. That " something " was 
 to bribe the members to vote against the resolution, and Patterson said that he 
 alone could insure Scott's safety. For a long time Scott held out against Patter- 
 son's threatening talk, but at last he was persuaded that he would be impeached, 
 unless the members of the House were bribed. Scott signed in blank three 
 warrants or orders upon what was known as the "Armed Force Fund " and 
 gave them to Patterson. Scott told Treasurer Parker that the warrants should 
 be paid when presented, remarking: " I don't know what amount he will want; 
 I hope not a very large amount, but I suppose the scoundrel will make it as large 
 as he can. " 
 
 The warrants were filled out by Patterson in fictitious names — one to John 
 Mooney for $25,545, another to Jolm Leggett for $10,600 and the third to David 
 H. Wilson for $13,500, making in all $48,645. The money was collected by P. 
 S. Jacobs and Hardy Solomons, both trusted friends of Patterson , a day or two 
 before the vote on the impeachment resolution was taken. In addition to this 
 Speaker Moses received $15,000 of state money from Governor Scott for making 
 a parliamentary decision in the House, which prevented the report of the joint 
 investigating committee (which fully established Scott's guilt) from being pre- 
 sented. How much of this money Patterson used to bribe members is not known, 
 but the resolution was defeated by a vote of 63 to 27, and two of the members of 
 the Ring went unpunished for their crimes. 
 
 THE BLUE RIDGE RAILROAD SCRIP FRAUDS. 
 
 A plausible scheme to relieve South Carolina from its guarantee of the sum of 
 $4,000,000 of the bonds of the Blue Ridge Railroad was introduced in the shape 
 of a bill in the House on the 3d of February, 1872, by A. L. Singleton. The 
 state was to obtain this relief ostensibly by the issue of scrip to pay the honest 
 debt of the company, but in reality the object of this scheme was to convert this 
 scrip into a corruption fund for the benefit of the Ring. The plan of the con- 
 spirators succeeded admirably for a time. They bribed members to pass the bill 
 through the legislature. The governor vetoed it. He was not interested in this 
 steal. The bill was passed by bribing over his veto and scrip was issued. The 
 Supreme Court decided the issue of the scrip to be unconstitutional, and the 
 scheme was then dropped. 
 
 THE VALIDATING ACT AND FINANCIAL SETTLEMENT. 
 
 On the 8th of February, 1872, a bill "relating to the bonds of the state of South 
 Carolina " was introduced in the House by John B. Dennis. It apppeared to be 
 an act to validate the irregular issue of certain bonds, but it was a bill to validate 
 the illegal use and disposition of $6,000,000 of state bonds by H. H. Kimpton, 
 the financial agent, and fasten that debt upon the state. 
 
 At the same time Dennis introduced another bill entitled " a bill relating to the 
 
THE HISTORY OF A CARPET-BAG GOVERNMENT. 435 
 
 financial agent of the state in the city of New York." This measure empowered 
 the notorious financial board to make a settlement with Kimpton, and afforded 
 the desired opportunity of covering up and cancelling the large amounts paid out 
 hy Kimpton from sales of bonds illegally made, to be divided in commissions 
 among the Ring, and in carrying the purchase of the Greenville and Columbia 
 Railroad for the same Ring. The following simple and concise agreement 
 made between the thieves, who doubted the honesty of each other, explains the 
 purposes of the Ring in securing the passage of these bills : 
 
 THE thieves' AGREEMENT. 
 
 Vice-President's Office, 1 
 
 Greenville and Columbia Railroad Company, v 
 Columbia, S. C, March 4, 1872. ) 
 Hon. NiLES Q. Parker. State Treasurer, South Carolina: 
 
 Please deliver to H. H. Kimpton " revenue bond scrip " due the Blue Ridge Railroad Company, 
 according to act passed March 2, 1872, amounting to one hundred and fourteen thousand, two hun- 
 -dred and fifty dollars, at par, upon the following conditions: That forty-two thousand eight hun- 
 dred and lif ty-seven dollars of said scrip, at par, is to be used for paying the expenses or passing 
 through the House of Representatives bills styled " A bill relating to the bonds of the state of 
 South Carolina, and " Bill to authorize the financial board to settle the accounts of the financial 
 agent." Now, if these above-named bills are passed and become laws, this order for forty-two 
 thousand eight hundred and fifty seven dollars in scrip, at par, is to be paid to said Kimpton; 
 and if not passed, then this order for that amount to be void and the scrip is not to be delivered. 
 Also that seventy-one thousand four hundred and fourteen dollars of scrip, at par, you 
 «hall deliver to said Kimpton if said bills become laws, and provided that he shall pay the 
 «um of fifty thousand dollars, the proceeds of said scrip at seventy cents on the 
 dollar, in paying the expenses already incurred in passing through the Senate the bill known 
 as " A bill to relieve the state of all liability on account of guaranty of Blue Ridge Railroad 
 bonds, etc.," passed March 2, 1872. which said expense said Kimpton has contracted to pay; if said 
 Kimpton fails or refuses to pay said amounts in aefra3'ing said expenses (when required by me), 
 then this order to be void. If said conditions are complied with and the amount of scrip delivered 
 to said Kimpton, he is not to be held liable for or to account for its value. The above two sums of 
 $42,859 and $71,414 in scrip, at par, make up the amount of scrip first mentioned in this order. 
 
 JOHN J. PATTERSON, 
 President Blue Ridge Railroad Company in S. C. 
 Witness: R. B. Elliott. 
 
 These bills became laws. Three drafts, one for $25,000, another for |35,000, 
 and a ihird for $13,500, were cashed on Blue Ridge Railroad scrip as collateral 
 security, and the money was used to bribe Senators and assemblymen to vote 
 for the bills. Treasurer Parker was compelled to take up the drafts when they 
 came due, he paying all but $10,000, which was contributed by Gov. Scott. 
 These schemes put thousands of dollars into the pockets of the originators of 
 them. 
 
 THE KU-KLUX REWARDS. 
 
 On the 28tli of July, 1871, Gov. Scott issued a proclamation offering a reward 
 ■of $200 for each person arrested with proof to convict of the charge under the 
 •enforcement act commonly known as the Ku-Klux Act. The legislature appro- 
 priated $35,000 to pay these rewards. The governor, instead of paying the re- 
 wards himself, appointed a commission composed of Attorney-General Cham- 
 berlain, C. D. Melton, J. D. Pope, R. B. Elliott and James A. Dunbar, for the 
 distribution of the rewards. The commissioners paid themselves $500 apiece for 
 their services. The record of the United States Circuit Court for South Carolina 
 shows that 109 persons were convicted under the Ku-Klux Act. A reward of 
 $200 for each of these convictions would have amounted to $21,800. No portion 
 of the appropriation of $35,000 was returned to the treasury. Before the appro- 
 priation was made a government officer named Hester presented a bill to Gov. 
 Scott of $18,600 for the arrest and conviction of 93 persons under the act. 
 Scott at first refused to pay the bill, but on an illegal opinion from Attorney- 
 General Chamberlain that the money might be paid out of the "Armed Force 
 Fund," Scott gave Hester $9,000. 
 
 THE PHOSPHATE STEAL. 
 
 The natural resources of South Carolina were laid under contribution by the 
 
436 THE HISTOEY OF A CAEPET-BAG GOVEENMENT;. 
 
 Republicans to filch money from the people. The phosphates were a source of 
 wealth belonging to the farming interests of the state, and which should hava 
 been jealously guarded for the benefit of the agricultural population. The Ring 
 formed a Marine and River Phosphate Company. A bill was prepared entitled r 
 "An act to grant to certain persons therein named, and their associates, the right 
 to dig and mine in the beds of the navigable streams and waters of South Caro- 
 lina for phosphate rocks and phosphatic deposits." The bill was passed. R. R. 
 Rivers, a member of the assembly, told the investigation committee how. He 
 said: 
 
 Tim. Hurley made arrangements with myself and Rush, of Darlington, John Mead, Wade Perrin, 
 Harry Daniels, an l one or two others, at $300 a vote for such members as voted for the charter. We 
 were the committee of arrangements chosen to confirm the arrangements with Hurley. The way 
 it happened was this: Hurley wanted to give some members $50 and some $100, and so on, and the 
 members found it out and had a caucus,.and appointed this committee. The committee met him 
 and stated that they were authorized to state that if he did not pay them all equally they would not 
 vote for the bill, and that he must also put the amount in an envelope, subject to the committee, 
 where they agreed to make the deposit. Hurley agreed to it, and we selected Governor Moses, then 
 Speaker of the House, to hold the money, and after Hurley agreed to meet the committee in the 
 Speaker's room when the House was in session, and we did so, and Hurley brought the money, the 
 committee counted it and sealed it up. After we did this we sent for the Speaker (the House was 
 in session), and the Speaker came, and I handed him the envelope, and I asked him to put it in hi» 
 safe until I called for it. No one told him what it was. He opened the safe and put it iu there, and 
 after the bill passed that evening I took the committee wth me and asked the Speaker for the en- 
 velope that I gave him; he handed it to me, and the committee went off, and we divided it accord- 
 ing to the agreement, and each man got his part. Hurley was not then a member of the House, but 
 was a lobbyist. There was a Ring ahead of this. The committee paid about twenty -five members 
 $300 apiece. The other was of down-country members, and I turned in with the up-country mem- 
 bers, and we found that with the Democratic vote we could defeat any measure of the down-country 
 Republicans. They used to control matters, and gave us no showing until we found it out, and by 
 our combining together we then had our showing, too. We didn't find out for some time that the 
 down-country members were using us, and getting paid themselves for their own and our votes,, 
 and when we found it out we combined against it so as to secure our share of the pay as well as the: 
 others. 
 
 ORGANIZING THE MILITIA. 
 
 The Republicans of South Carolina wanted some money for election expenses 
 prior to the election of 1870, and they concluded to organize the militia of the 
 state. Local agents were employed in almost every county of the state to enroll, 
 organize and inspect the state militia. It cost $200,000 of the public funds to da 
 this, and as the agents were generally candidates for ofl&ce they succeeded in 
 obtaining a valuable campaign fund in this manner. Rev. William Thomas, a 
 member of the Ring, found time between sermons to organize Co. F, 4th Regi- 
 ment, N. G. S. S. C, for which he demanded and was paid $135. Mr. Thomas 
 was elected to the legislature, and he figures prominently as a receiver of bribes 
 from the state officials. State guards were organized and they drew full pay and 
 rations until after the election. Contracts for the purchase of arms were made 
 to the amount of $180,750, and Speaker Moses testified he received a royalty of 
 $1 for each musket, or $10,000 in all. The expenses of enrollment were $100,- 
 000, and of equipment $250,000, making a total of $350,000 wasted in this man- 
 ner. 
 
 AEMED FORCE AND CONSTABULARY. 
 
 In 1869 a joint resolution was passed by the legislature authorizing Gov. Scott 
 to employ an armed force for the preservation of the peace. The state was 
 apparentlj- peaceful enough until election time, when scores of "constables" 
 were marched into the close districts to make Republican campaign speeches and 
 intimidate white voters. The "Armed Force " was used, not to preserve peace, 
 but to carry elections for the party and intimidate and demoralize Democratic 
 voters. There were appointed 151 deputy constables and 500 specials on full pay 
 and mileage, to do duty just prior to and during the elections. These men made 
 regular reports of the condition of the parties, attended political meetings and in 
 many cases had themselves elected to legislative and county offices. Over twenty 
 
THE HISTORY OF A CARPET-BAG GOVERNMENT. 437 
 
 "horses and equipments were bought for the mounted men. When their term of 
 service ended the horses were sold and the proceeds pocketed by the governor. 
 The armed force fund was depleted on forged certificates, and the Republican 
 candidates were elected to ofl9.ce. 
 
 PETTY PILFERING. 
 
 To enumerate all of the frauds perpetrated by the Republican Ring and to 
 -explain the scores of small schemes which were hatched by the conspirators to 
 rob the taxpayers of the state would occupy the greater part of the Text Book. 
 The Ring managed to secure something from almost every appropriation made. 
 JVIembers of the Committee of Ways and Means and Contingent Fund were 
 bribed to recommend a large appropriation for the contingent fund. The funds 
 of the state were used to pay the bribes, and state officials then robbed the con- 
 tingent fund. Moses bought a newspaper from this fund. The treasurer of the 
 state was authorized to borrow money for legislative expenses. Treasurer's notes 
 were issued without money being borrowed or vouchers turned into the treasurer's 
 oflBce. Political tramps, broken down party hacks and prostitutes were paid 
 from the transient sick and poor fund. On one occasion three warrants for 
 ^5,000 each, issued originally for the penitentiary account, were returned by 
 Hardy Solomons to F. J. Moses, then governor, there being no money in the 
 treasury to pay the warrants. Ex-Grovernor Chamberlain consulted with Moses 
 and informed him, as Moses swears, that he could get a loan on those warrants 
 from the Receiver of the Bank of the State. Moses obtained $7,000 on the war- 
 rants, gave Chamberlain $1,000 and pocketed the balance. Money was paid to 
 judges of the courts for favorable decisions in certain cases. Fraudulent claims 
 were paid, and hundreds of honest claims were raised double and treble their 
 original amounts. In the construction of a penitentiary the state was robbed of 
 thousands of dollars. The legislature made extravagant appropriations, for 
 doing which the members were paid. Frauds, perjuries, embezzlements and 
 larcenies of the party in power covered every transaction and article, from the 
 cradle of the infant to the coflln of the dead. The orphan children dependent 
 upon the state for care were robbed and defrauded. The children fared poorly, 
 "but the grown orphans in the institution must have fared better, as the following 
 list of some of the articles purchased will show : 
 
 Carpeting, laces, swiss, damask, ladies' linen handkerchiefs, kid gloves, corsets, ladies' collars, 
 pique, tarletan, ribbon, vases, umbrellas, writing desks, satin, satinette, water-proof cloth, under- 
 vests, ear-rings, needles, pocket books, toilet pm-cushions, walking canes, whips, sundries, which 
 covered almost every article of woman's wear. 
 
 HARDY SOLOMONS' CLAIM. 
 
 The South Carolina Bank and Trust Company was a Republican institution. 
 The principal members of the Ring, Chamberlain, Scott, Parker and others, were 
 at the head of it. Hardy Solomons, a notorious character, who grew rich in fur- 
 nishing the legislature with supplies, was president of the concern. In October, 
 1873, a bill was introduced in the legislature to pay claims of the bank amounting 
 tto $125,000. Only $103,865.71 were due the bank according to the schedule pre- 
 pared by Solomons, but the other $21,134.29 was thrown into the claim "just to 
 dignify its proportions." At the time this fraudulent claim was presented the 
 salaries of school teachers, judges of courts, county auditors and clerks of the 
 4iflferent departments of the state government were unpaid,*and $200,000 of the 
 Appropriation for schools of the year previous remained unpaid. The Ring 
 wanted more money, however. Their insatiable maws were never satisfied. The 
 |)roceeds of their multifarious robberies were expended as soon as received. It 
 was well understood that the time for a profitable failure of the "bank had not 
 
438 THE HISTORY OF A CARPET-BA(i GOVERNMENT. 
 
 arrived. The payment of these claims would give the institution at least two 
 years more of life. The members of the legislature had become experts in th& 
 art of bleeding the Ring of state officials by this time. Whenever a bill was in- 
 troduced calculated to benefit the Ring, the legislators would not vote for it with- 
 out being paid. Mr. Solomons was aware of this fact, and he wasted no time in 
 talking. The cashier of the bank was instructed to open an account on his books 
 for "legislative expenses." Negotiations were opened with the assembly. The: 
 bill was promptly passed, and Solomons divided $81,105.34 among the members 
 as a small return for their kindness. The bank suspended two years later witk 
 $300,000 of state money and a large amount of school and county funds on de- 
 posit, with as worthless a lot of assets as ever were rendered in a court of insol- 
 vency. A special tax was levied to meet the claim presented by Solomons. 
 Only a small portion of these claims were valid demands against the state, and 
 these were in large measure abstracted from the bill and paid by the state treas- 
 urer out of other funds in order to give place to over $20,000 of fraudulent pay 
 certificates manufactured for the occasion, so that certain state officials might re- 
 ceive their share of "gratification." 
 
 THE PLUNDERERS DEPOSED. 
 
 A history of corruption, misrule and brigandage similar to that which pre- 
 vailed in South Carolina might be written of the Republican carpet-bag adminis- 
 trations in every Southern state. The state of affairs in Louisiana was even 
 worse than in South Carolina. The day of justice for these rogues at last. 
 arrived. It was long in coming. The Republican party maintained itself in 
 power as long as a dollar could be stolen from the people. When the funds gave 
 out speedy disruption followed. The people of those violated states in 1876, 
 under the banner of Tilden and Hendricks, by a desperate effort, freed themselves 
 from the yoke. The conspirators fled. They had spent the proceeds of their 
 crimes with knavish extravagance, and the incarceration of their impecuni- 
 ous bodies in the jails of the state would only have been a further burden 
 to the people. They were allowed to go unpunished, merely being required to 
 testify to the record of their own perjuries, frauds and robberies as a monument 
 of everlasting shame to the American people and a warning to future generations. 
 The states were glad to be well rid of them. With the coming into power of the 
 Democrats honesty succeeded dishonesty, economy deposed extravagance. The 
 people set about paying their debts. In every instance but one the common- 
 wealths undertook to pay the obligations created by these mercenaries. Efforts; 
 to compromise were made, but in no case, with the single exception of Louisiana, 
 did the state repudiate its debt or any portion of it. What temptation to re- 
 pudiation there must have been one can imagine by perusing the record above 
 printed. 
 
PLUNDERING THE SOUTH. 43ft 
 
 PLUNDERING THE SOUTH. 
 
 WHAT RADICAL MISRULE HAS COST THE PEOPLE OF ELEVEN 
 
 STATES. 
 
 One of the darkest chapters in the history of Republican misrule is that de- 
 scription of the plundering of the Southern states by carpet-bag governments. 
 
 The history of the outrages committed in the name of laW — of the crimes com- 
 mitted without color of law — are familiar to the American people. The effect of 
 this robbery of the Southern states have been keenly felt at the North. The im- 
 paired credit of one section of the country has retarded the prosperity of the other 
 sections. 
 
 The statements given below are compiled from the report of the Joint Commit- 
 tee of both Houses of Congress, appointed March 20, 1871, to investigate the con- 
 dition of the Southern states. It shows, 1st, the debt of these states in 1865 and 
 1871-2 ; 2d, the prospective and contingent debt. 
 
 ALABAMA. 
 
 ACTUAL, AND ADJUSTED DEBT. 
 
 In 1865 $6,221,186 
 
 In 1872 9,306,781 
 
 Increase under carpet-bag rule $3,085,595 
 
 CONTLNGENT AND PKOSPECTIVE DEBT. 
 
 This debt represents the indorsement by the state of the bonds of 
 railroads, the bulk of which are in default, and many of them 
 worthless. It had reached in 1872 the sum of $29,620,000 
 
 Total debt and contingent liabilities in 1872 $32,705,595 
 
 Total increase under carpet-bag rule, $26,484,409. 
 
 In 1837 Alabama's debt was $15,400,000 and reduced to $3,445,000 in 1860. 
 
 ARKANSAS. 
 
 ACTUAL AND ADJUSTED DEBT. 
 
 In 1865 --- --- $4,527,879 
 
 In 1871 - 5,361,265 
 
 Increase under- carpet-bag rule _ $833,386 
 
 PROSPECTIVE AND CONTINGENT DEBT. 
 
 This debt consists of liabilities assumed by the state in guaranteeing 
 the payment of railroad and levee bonds, and amounted in 1871 
 
 to - $14,390,000 
 
 Total debt and contingent liabilities in 1871 . 19,751,265 
 
 Total increase under carpet-bag rule, $15,223,386. 
 
440 PLUNDEKING THE SOUTH. 
 
 FLORIDA. 
 
 ACTUAL AND ADJUSTED DEBT. 
 
 In 1865 .--- 11,370,617 
 
 In 1873 - 2,556,073 
 
 Increase under carpet-bag rule '. $1,185,455 
 
 CONTINGENT AND PROSPECTIVE DEBT. 
 
 The state has become responsible for the bonds of several railroads 
 
 amounting in 1873 to $14,000,000 
 
 The total debt, actual and contingent, is, therefore, in 1873 $16,556,073 
 
 Being an increase under carpet-bag rule of $15,185,455. 
 
 GEORGIA. 
 
 ACTUAL AND ADJUSTED DEBT. 
 
 In 1865. $5,706,500 
 
 In 1873 ---- - 8,618,750 
 
 Increase under carpet-bag rule $3,913,250 
 
 CONTINGENT AND PROSPECTIVE DEBT. 
 
 This debt is for liabitities assumed in indorsing the bonds of rail- 
 roads, and amounted, in 1873, in round figures to $30,000,000 
 
 The total debt, actual and contingent, in 1873, was 38,618,750 
 
 Increase under the carpet-bag government, $33,913,250. 
 
 Formerly Georgia was not only the wealthiest and most prosperous of the 
 Southern states, but was almost free from both debt, and lightly taxed. The earn- 
 ings of a railroad which she owned were alone nearly sufficient to meet the an- 
 nual expenses of the state government. This railroad was sold by a carpetbag 
 governor and a corrupt legislature for a mere song. 
 
 LOUISIANA. 
 
 ACTUAL AND ADJUSTED DEBT. 
 
 In 1865 $13,357,999 
 
 In 1873 39,619,473 
 
 Increase under carpet-bag rule $16,361,474 
 
 CONTINGENT AND PROSPECTIVE DEBT. 
 
 This debt consists of bonds indorsed by the state to assist miscella- 
 neous, so-called, internal improvements, railroads, levees, canals, 
 etc., etc., and in 1873 amounted to _ $13,345,000 
 
 Total debt and contingent liabilities in 1879. $41,864,473 
 
 Total increase under carpet-bag rule $38,506,474. 
 
 MISSISSIPPI. 
 
 ACTUAL AND ADJUSTED DEBT. 
 
 In 1865 $919,767 
 
 In 1871 - 2,284,316 
 
 Increase under carpet-bag rule $1,364,449 
 
 In 1860 the cost of conducting the state government was only $438,000, and in 
 
 1870, $943,000. 
 The public printing before the war cost $10,000. This work in 1873 cost 
 
 $137,000. 
 In 1874, the rate of taxation readied $30 per 1,000 in several of the larger counties. 
 
l»kUNDHRING THE SOUTH. 441 
 
 NORTH CAROLINA. 
 
 DEBT AND LIABILITIES. 
 
 In 1868 $15,779,945 
 
 In 1873 34,887,467 
 
 Increase under carpet-bag rule. $19,107,532 
 
 SOUTH CAROLINA. 
 
 ACTUAL AND ADJUSTED DEBT. 
 
 In 1865 $13,038,964 
 
 In 1871 15,768,306 
 
 Increase under carpet-bag rule $3,739,343 
 
 CONTINGENT AND PROSPECTIVE DEBT. 
 
 This debt is for indorsing the bonds of railroads, and in 1871 was.. . $6,712,608 
 
 Total actual and contingent debt $33,480,914 
 
 Total increase under carpet-bag administration, $9,441,950. 
 
 TENNESSEE. 
 
 ACTUAL AND CONTINGENT. 
 
 In 1866 $36,777,347 
 
 In 1873... 33,054,476 
 
 Total increase carpet-baggers, $5,377,139. 
 
 TEXAS. 
 
 ACTUAL AND ADJUSTED DEBT. 
 
 In 1865 $328,866 
 
 In 1871 1,454,887 
 
 Increase under carpet-bag rule $1,136,031 
 
 CONTINGENT AND PROSPECTIVE DEBT. 
 
 The state has incurred prospective and contingent liabilities by guar- 
 anteeing the bonds of the Southern Pacific and International 
 Railroads, to an extent estimated in 1873 at $11,500,000 
 
 Total contingent and prospective debt _ $13,954,887 
 
 Total increase under the carpet-baggers, $13,636,031. 
 
 VIRGINIA. 
 
 In 1865 $41,061,316 
 
 In 1871 47,390,839 
 
 Increase under carpet-bag rule $6,339,533 
 
 RECAPITULATION. 
 
 TOTAL INCREASE UNDER CARPET-BAG GOVERNMENT. 
 
 Alabama $36,484,409 
 
 Arkansas 15,333, 386 
 
 Florida 15,185,455 
 
 Georgia 33,913,350 
 
 Louisiana 38,506,474 
 
 Mississippi _ -... 1,364,449 
 
 North Carolina 19,107,533 
 
 South Carolina 9,441,950 
 
 Tennessee 5,337,139 
 
 Texas 13,639,031 
 
 Virginia 6,339,533 
 
 Granl Total Increase in the Eleven Southern states $172,411,568 
 
442 THE POSTAL FRAUDS, 
 
 THE POSTAL FRAUDS. 
 
 During the long years of Republican administration, every department of the 
 government has grown corrupt. The mismanagement, maladministration, profli- 
 gacy and corruption of the Post-offlce Department is, and has been, if possible, 
 worse than that of any other department of the public service. It was thoroughly 
 investigated in 1875, by tie Committee on Post-offices and Post-roads of the 
 House of Representatives of the Forty-fourth Congress. That investigation 
 disclosed not only suspicious acts on the part of the heads of the department, 
 but proof of the dishonesty and corrupt practices of the subordinate officials was 
 found. It was shown beyond the shadow of doubt that a ring of contractors 
 for what is known as the Star Route mail service controlled the department 
 during the administrations of Postmaster-Generals Creswell, Jewell and Tyner. 
 It was proved that another ring manipulated the railroad mail service, and still 
 another grew rich at the expense of the government by the steamboat mail 
 service. 
 
 The investigation by the Committee of Appropriations of the House at the 
 last session of Congress established the fact that in the Star Route mail service 
 the same ring of contractors, with individual changes it is true, but by the old 
 methods, has and does control the Post-office Department to-day. The adminis- 
 tration of that department by Postmaster-General Key and his subordinates is no 
 improvement on that of Postmaster-General Creswell. And why should it be ? 
 Practically, the subordinate officials are the same to-day that they were then. 
 There have been in the last twelve years, it is true, three second assistant post- 
 master-generals, who have presided over and controlled the contract office — the 
 important branch of the postal service. Two of these retired from office rich ; 
 they entered their offices poor. The third, and the present occupant. General 
 Brady, began his career like his predecessors, poverty-stricken, and now his 
 friends boast that he is worth a half million dollars. 
 
 Second Assistant Postmaster-General Giles A. Smith, Creswell's first chief of 
 the contract office, not only grew rich himself in a few years, but his brother, 
 Morgan S. Smith, who blackmailed the contractors and divided the profits, grew 
 rich also. He lived in regal style in Washington, and entertained like a Russian 
 prince. General Routh, who succeeded Giles A. Smith, after a few years' ser- 
 vice was made governor of Colorado Territory, and is now a millionaire. Clerks 
 who held offices under these men at salaries not exceeding $2,000 a year, are now 
 Star Route contractors, with profits of $20,000 and $50,000 a year. 
 
 The First Assistant Postmaster-General, James A. Tyner, who was Postmaster- 
 General after the forced retirement of Marshall Jewell from Grant's Cabinet, and 
 who accepted his present position under Key when the fraudulent administration 
 began, lives at the rate of $10,000 a year on a salary of $5,000 per annum. He 
 keeps last horses and dabbles in mining and other stocks. 
 
THE POSTAL FRAUDS. 443 
 
 The investigation of the Forty-fourth Congress established — 
 
 First. Service was improvidently and inconsiderately granted where no public 
 demand existed or public convenience accrued. 
 
 Becond. Exorbitant prices were allowed for services when needed, and for the 
 i' ork when done. 
 
 Third. Services, when not rendered according to the contract, either in spirit 
 • >r measure, were nevertheless fully paid for. 
 
 Fourth. When fraud was detected on the part of contractors, no adequate 
 action was taken by officials to either punish or correct the fraud. 
 
 Fyth. When official dereliction, or corruption, or remissness was discovered^ 
 the department took no sufficient measures to punish delinquents, or to prevent 
 a recurrence of similar official wrong-doing; so that the government lost annually, 
 in violation of law and through corrupt practices, millions of the public money, 
 and the guilty parties in office and out of office have generally gone free, both of 
 prosecution and punishment. 
 
 STKAW BIDS. 
 
 The most flagrant abuse which has ever been fastened upon the Post-office De- 
 partment is that which is described by the popular designation of straw bids, a 
 species of organized knavery utterly unknown in our history before the postal 
 administration of Mr. Ores well. A straw bid is the offer of a person to render 
 under given conditions service which he does not intend to render. In most 
 cases it is the bid of an irresponsible person at a figure below the necessary first 
 cost of the service to be performed. It is a false pretense, its immediate object 
 being to obtain the award as a means of preventing the contract from falling into 
 the hands of a responsible party who has bid in good faith. The names of stage 
 drivers and other insolvent intermediates have commonly been used for this pur- 
 pose. Contractors, in order to defeat the efforts of the department in obtaining 
 a contract on fair and reasonable terms for transporting the mails, form a ring of 
 many bidders, whose bids range from exorbitantly high figures to manifestly small 
 amounts. The contract is awarded to the lowest bidder, who fails, in the interest 
 of the ring ; then every next lower bidder retires or refuses to answer when noti- 
 fied, leaving the department the alternative between some bidder higher up the 
 list, or a continuance of the old contract in the nature of temporary services, the 
 temporary services always being performed by the old contractor, at the old ex- 
 orbitant prices, because no one else on the long mountain routes in the territories 
 will be prepared to commence immediately temporary service. Where there are 
 bidders who do not belong to the ring, these, in many instances, receive large 
 sums to refuse to answer to the bids when notified that the lowest bidder has 
 failed to execute the contract. The contractor or confederated contractors by this 
 means virtually control the contract, and force the department to let to them on 
 their own terms. Again, in many instances of the recent practice, the Postmaster- 
 General has exercised a suspiciously convenient and absolute discretion, and 
 overlooking altogether the bidders in an ascending scale, declared a temporary 
 service, to the advantage of some favored recipient. 
 
 THE MODUS OPERANDI. 
 
 In operating this system for the purposes of plunder and corruption, there ap- 
 pears from the testimony to have been a combination of rings : 
 
 First, a ring of contractors. 
 
 Second, a ring of officials, embracing clerks in the contract office ; and some- 
 times an intermediary ring of brokers or agents, by which the two former com- 
 
444 THE POSTAL FRAUDS. 
 
 binations were brought in contact and enabled to effect and perfect their schemes 
 against the public treasury. That many clerks in the department were in the 
 pay of some of these contractors was fully developed in the trial of Hinds, and 
 the circumstances surrounding that case force belief that this corrupt combination 
 between those clerks and contractors pervaded all the usually denominated ring- 
 contracts to such an extent that the contractor was enabled, from information 
 gained through the clerk who had official access to the records, to know positively 
 who was the lowest bidder, making it easy to underbid him for the contract. As 
 examples of the range in the graduated scale where straw-bidding has been prac- 
 ticed, routes 7,587 and 8,539 may be adduced; in the former, from Fort Gibson to 
 Sherman, 205 miles and back, three times a week, the highest among sixty bidders 
 was $80,049 per annum, and the lowest (straw) $900; and in the latter, from Fort 
 Concho to El Paso, Texas, 475 miles and back, twice a week, the highest bid, of over 
 fifty bidders, was $150,000, and the lowest, $75. In the last instance, the minimum 
 bid was summarily set aside by the Postmaster-General as too preposterous to be 
 entertained, and a straw bid of $4,200 accepted, although it was equally obvious 
 that it was inadequate to a just, or any performance whatever, of the service ; and 
 Mr. Creswell had the hardihood to vindicate himself from the charge of failing to 
 exercise a wholesome discretion in rejecting all plainly fraudulent bids, by 
 pleading the letter of the law in its rigor and asserting the illegality of his own 
 act in refusing to consider this very El Paso bid. 
 
 CORRUPT OUTGROWTHS. 
 
 One of the peculiarities of this system of contract roguery is its tendency to 
 corrupt outgrowths. The award is made to the straw man, and ample time al- 
 lowed ostensibly to execute the stipulations, but, in reality, to admit of ring 
 handling. Each of the bidders above him and under the first ring bid is ap- 
 proached by one of the ring, who says in substance: "Here are a thousand (or 
 more) dollars for you, if you will withdraw your bid. Even if you allow it to 
 remain you cannot get the contract, for it is already awarded to one of my men, 
 and he will hold it unless you get out of the way. As the cage stands you won't 
 make a dollar, while the effect of your withdrawal would be advantageous to 
 both of us ; it would put this money in your pocket, and enable me to get a more 
 profitable contract. " The bid is withdrawn and the money paid. When all be- 
 low the first ring bidder are disposed of, the route is awarded to him, the straw 
 man having* notified the department that he will not execute the contract. The 
 ring bidder, in like manner, delays until those above him are purchased out of 
 the way, when he in turn fails to execute the contract, and so on up the list. 
 If a hitch in this process compels the ring to take a route at a low rate, they may 
 still depend upon an order from the Postmaster-General increasing or expediting 
 the service. When the object has been by means of straw bidding to secure an 
 order for temporary service, and a re-advertising of the route, the old contractor 
 has allowed the use of his stock for the month's running necessary to save from 
 forfeit the percentage check on the bid deposited with the department. Finally, 
 this business of straw bidding culminated in regular corruption pay for the clerks 
 in the contract sections ; the abstraction, for perusal in midnight councils of the 
 ring, of legitimate bids supposed to be properly and securely filed ; the forging of 
 names upon bids put in, and in counterfeit authenticating seals. 
 
 WHO IS RESPONSIBLE ? 
 
 For these sustained depredations upon the treasury, and the perversion of cleri- 
 cal morals, Postmaster-General Creswell must be regarded as eminently responsible. 
 
THE POSTAL FRAUDS. 445 
 
 There is, indeed, reasonable room for grave suspicion of his complicity; but even 
 if it be clearly established that he derived no pecuniary profits from these frauds, 
 it cannot be denied that he knowingly and consciously suffered them to exist 
 from motives of either personal or partisan consideration. To this end he solic- 
 ited and obtained strained constructions of obsolete law in disregard of the more 
 recent statute ; to this end he violated habitually the clear and conservative pro- 
 visions of specific law. That, at least, was before him for his guidance ; nor can 
 it be successfully alleged that he was in ignorance of the situation and of its par- 
 ticulars, with a departmental force so organized as to grasp and expose them, with 
 special reports before him, in view of the notoriety which obtains from a well- 
 founded public clamor, and in the face of his own official confession of the reality 
 of the evil, and a pretended desire for its excision. 
 
 THE CASE OP PETERSON. 
 
 The case of Peterson, who sustained an equally unenviable relation to the Cres- 
 well regime as that of the Cattells to another department of the government, i» 
 singularly illustrative and instructive. This man, who had been a brigade sur- 
 geon under General Giles A. Smith, commenced his career as a contractor upon 
 the appointment of that gentleman to the second assistant postmaster-generalship.. 
 His rise as an influence in the postal affairs of the Southwest was rapid and re- 
 markable. In the language of the facetious Captain Leathers, one of the wit- 
 nesses, he became "a big man in Washington," "a man to tie to," and "always, 
 knew how to sound the gong. " The innermost portals of the post-office opened 
 at his approach; his solicitations never fell unheeded upon the official ear; he was. 
 never chided for tardy settlements, nor inopportunely investigated for defective 
 service; and when, in the course of a perfunctory routine, fines and deductions^^ 
 fell to his share as the holder of many contracts, they vanished magically before 
 his protest. However arid it was with other men, the fleece of this Gideon was 
 always wet. His gains were counted in the bar-rooms of Washington, and his 
 power was marveled at by the steamboat men of the Mississippi. A great deal of 
 the testimony relates to the fortunes of this prosperous gentleman, who appears 
 upon the stage in several characters, but is always easily to be identified. Not- 
 withstanding the number and extent of his river contracts. Doctor Peterson was 
 certainly not the captain of a steamboat, does not appear to have ever owned even 
 a portion of a steamboat, and if credence is to be given to the conviction of tha 
 veteran Leathers, did not even own " a wheelbarrow. " But it is incontestable 
 that in a certain sense he owned both the Postmaster and Second Assistant Post- 
 master-Generals. 
 
 PETERSON'S METHODS. 
 
 Peterson's method was to procure contracts upon his merits as an individual 
 and a fellow-campaigner with General Smith, and then sub-let them to more ordi- 
 nary mortals, who were content with the fair results of vulgar industry. As one 
 illustration among many, the testimony shows that John A. Scudder, the owner 
 of a steamboat, put in a bid to carry the mail from White River to Vicksburg. 
 The lowest bidder having failed, Scudder became eligible, and was prepared to 
 carry it out in good faith according to the conditions of his bid. He received no 
 notice, as was supposed to be the custom under the regulations, and the contract 
 was awarded to Peterson at much higher figures. Scudder's bid was $7,000. 
 Peterson sub-let to Scudder at $10,000, giving Scudder $3,000 more than he bid to 
 do the work for. All these contracts for carrying the mail upon the Mississippi 
 and its tributaries, it will be remarked, were taken by Peterson in his own name,. 
 
446 THE POSTAL FRAUDS. 
 
 and were, therefore, in direct contravention of that section of the postal laws, 
 which, as he was neither owner nor master of any vessel plying upon those waters, 
 disqualified him in terms from becoming a contractor. Several of the profitable 
 routes thus lavished upon Peterson by his friend Smith, who had charge officially 
 of these contracts, were indisputably superfluous; and the mails of several routes 
 were commonly carried upon the same line of boats under the agreement of a 
 single sub-letting. The work, too, was often very improperly performed, some 
 localities which by the contract should have been served semi or tri-weekly, getting 
 not a single mail in periods of twelve to eighteen days, to the serious delay and 
 derangement of business, and the confusion of social intercourse. But Peterson 
 was too securely entrenched to be dislodged by the protests of angered communi- 
 ties, or seriously disturbed by the reports of special agents. 
 Peterson's influence. 
 The evidence concerning Peterson and his intimate relations with the "high offi- 
 cials of the General Post-office, as well as with W. W. Belknap, the then Secretary 
 of "War, with Collector Casey and various Senators, as given by other witnesses 
 before the committee, is always either inculpatory or suggestive. Is a hitch 
 threatened in the usual remitting of Peterson's fines and deductions, or in the settle- 
 ment of his accounts ? There is forthwith a peremptory telegram from Senator 
 West, or a visit from Casey. Is there danger to him of a discontinuance ? Casey 
 is presently at the front to remonstrate. Does a Congressional investigation 
 expose the exorbitant plunder derived by him from a river sub-letting ? A more 
 remunerative land route is substituted in its place ; while Chief Clerk French, who 
 also drives a prosperous private stroke at life-insuring the contractors, which 
 makes him thoughtful and conservative towards them, counts not among the least 
 of the felicities of his table Peterson's present of a service of plate. What is sin- 
 gular about this ambitious and benevolent personage is that, notwithstanding the 
 magnitude of his operations, he is several times presented as a perplexity to pur 
 suing sheriffs, who are unable to find anything tangible about him in the way of 
 assets but his aliases. Finally he disappears from the scene but still holding five 
 existing and unexpired contracts, not indeed in a halo of glory, but in a cloud of 
 profanity at Willard's. He has been described here as a type of his class, and 
 yet he has been very inadequately portrayed. There is an impotence in mere sci- 
 entific analysis for such unique knaves that cannot reach the height of their de- 
 serving. Except for the probably less-favored advantages of opportunity, such 
 as is Peterson's are also those of Sawyer and Draper, Barlow and Huntley. 
 
 BARLOW, SANDERSON & CO. 
 
 The history and experiences of the celebrated firm of Barlow, Sanderson & 
 Co., as given to the committee by its senior partner, is neither less guileless nor 
 less curious. Barlow is a resident of St. Albans, Vt., now a member of Con- 
 gress; and Sanderson is a resident of St. Louis. The company appears to have 
 been more or less fluctuating. The first-named gentleman was the definable 
 quantity of the concern in the Washington transactions, and he speaks of his 
 sorrows with an instructive mixture of reticence and candor. The associates 
 were of the straw -bid ring, holding and operating mail contracts in Kansas, 
 Colorado, New Mexico and Arizona; they had abundant capital, and always had 
 stock for carrying the service on these remote territorial routes. Sometimes a 
 cashier was set up as the straw-bidder; sometimes a lady relative. At the end of 
 the quarter there would be a declared failure of this bidder; the contract was 
 thrown up, the certified checks with the department having been returned. 
 
THE POSTAL FRAUDS. 447 
 
 and the Postmaster-General was compelled to employ the firm which alone 
 possessed facilities for transportation. For so extended a business as theirs, 
 there was probably never so little bookkeeping as by the firm of Barlow, 
 Sanderson & Co. Their papers were of a fugitive and perishable constitution, 
 and, when preserved, were commonly kept in a cellar or a boot-box. Accounts 
 were rendered in gross. , Transactions aggregating hundreds of thousands of 
 dollars could only be gathered from loose sheets. Their affairs largely depended 
 upon a class of agreements that were never reduced to writing at all. 
 
 NO RECEIPTS. 
 
 Twenty, thirty, fifty thousand dollars were paid away to various serviceable 
 individuals at Washington without any recorded acknowledgment or remaining 
 sign, except in the feeble and fallible memory of Mr. Barlow, who, when 
 speaking of the results, innocently expresses it as "a good deal like scattering 
 seed;" an application of the parable which Satan himself might have envied. 
 Repeatedly, when the particular in question is the expenditure of a large sum 
 at a most anxious crisis of his affairs, he is utterly unable to recall either the 
 amount, or the names of the persons to whom it was paid. Enough, however, 
 IS produced to indicate the character and proportions of that which is concealed. 
 Two different sets of men were the recipients of the bounty of this firm — the 
 relatives and friends of high officials in the department, and the department 
 lawyers, for their influence and vigilance, and outside Assyrians, who would 
 come down like the wolf on the fold, with the menaces and machinery of 
 investigation and demands for blackmail. To emasculate the investigation of 
 the Republican committee of the then Republican House, Barlow admits to have 
 paid, through one Farrar, between forty and fifty thousand dollars. It is ob- 
 vious that so large a sum would not have been squandered in obscure and unin- 
 fluential quarters. This contractor testifies to having paid Hood, a lawyer, not 
 for professional services, but for "influence with the department," over twenty- 
 five thousand dollars. Earle was Creswell's law partner at Elkton, and First 
 Assistant Postmaster- General until he resigned for the opportunity of this pecu- 
 liar and profitable species of practice — one of those promoters of Chorpenning 
 whom Senator Morrill, of Vermont, declared " should have their day in court.'' 
 Mr. Earle was handed $100, $500, $1,000, in the language of Barlow, "any time 
 I was a mind to," as undefined but current compensation for " aid " and " pro- 
 tection " in the department. 
 
 CORRUPT USE OF MONEY. 
 
 Q. Did you ever make any presents? A. Oh, now, since it occurs to me, I did let General Mor- 
 gan L. Smith have money; he was the brother of Mr. Giles A. Smith. 
 
 Q. Is he dead? A. Yes, sir, he is. 
 
 Q. How much money did you pay him? A. I do not know whether you call it payments or not. 
 I never called it payments at all. 
 
 Q. What did you give him? A. I could not tell you how much I did give him; I gave him 
 money, loaned it or gave it to him— it is all the same thing— when he asked me for it; not at regu- 
 lar times, but when he wanted it. 
 
 Q. What did he want it for? A. I suppose he wanted it to pay his expenses; he was a pretty 
 expensive man. 
 
 Q,. Can you not remember the amounts? A. I let him have a considerable amount at one time 
 and another. 
 
 Q. What do you call considerable? A. I don't know; I don't know how much I did let him 
 have. 
 
 Q,. As much as $.30,000 ? A. I should think not; nor $20,000. I let him have considerable, one 
 time and another; I don't know how much. 
 
 Q. What was the object in letting him have that money? A. Well, I don't think there was 
 mucn object in it any way; I never thought there was. 
 
 Q. You gave it to him whenever he wanted it? A. Yes, sir. 
 
 Q. At the time you gave it to him who was Second Assistant Postmaster-General. A. His broth- 
 er was; but I never thought that it had a particle of influence; I never gave it to him to influence 
 his brother, and never thought that it did influence him in any other way than that he would 
 think I was a clever fellow; that is all. 
 
448 THE POSTAL PBAUDS. 
 
 Very naturally Mr. Barlow's great expenditures for interest and protection 
 within the Post-office Department were much more cheerfully made than his 
 payments of levies to the outside raiders who from time to time were threatening 
 mischief to his contracts. Although his memory is usually defective when ques- 
 tioned concerning the details of his transactions with these last, the same cannot 
 be said of his temper when he has occasion to refer to them, where they are 
 either " devils" to be suppressed or "hounds " to be kept in leash. It was not 
 investigation Mr. Barlow, if he is to be believed, feared in the least, only personal 
 annoyance and a jeoparding of the character of his good friends Creswell and 
 Smith. 
 
 POSTMASTER-GENERAL CRESWELL'S LITTLE GAME. 
 
 And just here may be profitably recalled, by way of contrast to the honest and 
 tborough exposures made in the report of the committee of the present Democratic 
 House, from which we are taking these particulars of the gross mismanagement 
 of postal affairs under the administration of President Grant, the scandalous sup- 
 pressions and perversions which characterize the report of the Republican 
 majority in the investigation of 1872. That investigation was compelled by a 
 severe and specific article published in the Washington Patriot. Postmaster- 
 General Creswell was arraigned for malfeasance, among other charges, in award- 
 ing a contract for the Oroville and Portland route in direct violation of law, at a 
 private letting and without advertisement. The route at first had been advertised 
 and should have been awarded to the lowest bid of $96,000 per annum. Cres- 
 well accepted an illegal but lower bid upon a pretense of economy. This bidder 
 failed to transport, and the department procured temporary service at $700 a day. 
 Again the service was let at figures far in excess of the rejected bid. Another 
 failure of service ensued, and the department again secured temporary 
 service at $420 per diem. Then the contract was given without advertisement 
 to Barlow and Sanderson at $142,000 per annum. The illegal, if not the corrupt 
 character of this transaction is too apparent to be insisted upon. Even Assistant 
 Postmaster- General Giles A. Smith testified that he knew of no authority of law 
 for making this contract as it was made, for the full term. Attorney-General 
 Ackerman gave it as his opinion that the proceeding was altogether contrary to 
 law. And now appears an important use in the disposition of the money hereto- 
 fore referred to as paid to Farrar. These fifty thousand dollars were adroitly 
 employed to divert the investigation of the House committee from Barlow to 
 Sawyer, another notorious and peccant straw-bid contractor, who refused "to 
 bleed." No evidence whatever was sought or taken as to the specific charges af- 
 fecting Barlow, and Creswell was not only acquitted but extolled by the Repub- 
 licdii majority of the committee as an upright and vituperated public function- 
 ary. It will be thought that such a contrast as is here presented of the records 
 of the Republican and the Democratic House should abash the utmost effrontery 
 of cavil. 
 
 LAVISH USE OF MONEY. 
 
 So also concerning the practice of lavishly and systematically paying corrup- 
 tion money, which has obtained at Washington during the Republican adminis- 
 tration, to influence the operations of the Post-office Department, there is signifi- 
 cant testimony pertinent to Sawyer, whose routes were in Texas. A portion of 
 the evidence of George W. Paschal is as follows: 
 
 Q. state to the committee whether, in your examination of Mr. Sawyer's papers, yon found 
 any other papers, drafts or memorandum books that were not before the committee when you 
 were last examined? [The witness produced a memorandum book.] A. This memorandum book 
 was handed to me by Mr. Taylor. Mr. Taylor, in looking over the books, happened to take it up 
 and brought it to me. It shows some of the running expenses, traveling expenses and other 
 things. 
 
THE POSTAL FRAUDS. 449 
 
 Q. Is that Mr. Sawyer's handwriting ? A. Yes, sir ; they are rough notes of running accounts 
 \vhich he kept. I see here " November," which seems to be November, 1872. Judging by the- 
 dates, I should say that in the past June this entry was made : " Paid attorneys, mails, $10,000."- 
 On the same page, which would carry it into the next year, 25th February, for the same kind of 
 services, "Attorneys, $8,000." It is next to the last of the page, on the right-hand side. Then 
 there is an entry here which is a blind account. It is as follows : 
 
 Amount paid sharks on account of contract after 1st July. 
 
 Wm. H. Farrar, paid by L $20,000 
 
 Captain Hinds, paid by L 7,500 
 
 Mrs. Stuart, paid b y L 2,000 
 
 August, Paid Col. Bell 150 
 
 Wol%'erton 2,000 
 
 Phips 3,000 
 
 Williamson 2,000 
 
 Sept., D. A. F 2,000 
 
 Oct., B. & Co 2,000 
 
 Oct., Wm. H. Farrar 4,000 
 
 And again from the testimony of Francis C. Taylor: 
 
 COOKING UP ACCOUNTS. 
 
 Q. What amount of those expenses were not put upon the books ? A. All the parties interested, 
 I thmk, were in Austin, Texas, having a sort of general settlement, in November, 1872. I had beea 
 engaged for some time in trying to finish up the business between Ben. Ficklln and Sawyer for 
 the administrator, and Sawyer came on there during the time. Slaughter Ficklin had been there 
 all the time. Sawyer brought with him his account for some $30,000 or $40,000 paid Abbot for 
 coaches, for which he took credit, and which was divided between the different divisions. There 
 were four divisions of staging, and all the parties were there. Sawyer had accounts against my 
 division, and, I think, against all the others. After having various accounts put on the books of 
 the several divisions, Sawyer said, " Here I have an account," amounting to considerable, as well 
 as I now remember, from $50,000 to $60,000— and said, " All the divisions will have to pay their 
 proportion of this." It was a memorandum showing that amount. 
 
 6. This November settlement or charging up of all the different accounts ? A. Yes, sir. 
 
 Q. And the $50,000 or $60,000 that was there brought in without vouchers, and whicli had not 
 
 Ereviously been entered upon the books, is a separate and distinct item from $200,000 that you said 
 ad been previously entered upon the books ? A. Yes, sir ; that amount of $200,000 was on a settle- 
 ment between Ben. Ficklin and Sawyer. This other amount of $50,000 or $60,000, I forget which, 
 was for the year from July, 1871, to July, 1872, and was lo be divided among the different firms 
 then in existence ; and as Sawyer said, when it was presented, "Here is an account of money that 
 I have expended in Washington that must be divided among the different companies." Idon'^t 
 think Wright objected. I tnink Scott said a little, and Slaughter Ficklin said considerable,, and 
 intimated that such blackmailing operations should not be paid, or something of that kind. 
 
 O. There were no names on the paper indicating to whom it had been paid ? A. No, sir ; I am 
 satisfied of that. I remember that there were two items of $10,(X)0 or one of $20,000, 1 am not 
 positive which, and which Sawyer stated or admitted that he had paid to the same party. 
 
 A LOOSE SYSTEM. 
 
 For transportation of the mails the advertisement and contract specify a cer- 
 tain number of trips per week each way over the route. If at any time during^ 
 the contract term it properly appears to the department, through petitions from 
 the people and from reports of its agents, that additional mail facilities are re- 
 quired, the Postmaster-General is authorized by law to order an increase in the 
 number of trips per week. Such an order carries with it a corresponding increase 
 of pay. Where the contract calls for, say one trip a week, with compensation 
 at $10,000 per annum, if an additonal trip be ordered, the pay is advanced to 
 $20,000; three trips would command $80,000, and so on, a trip each day in the week 
 enabling the contractor at this rate to draw $70,000 per annum. It will be readily 
 perceived what reaches of corruption are thus made possible on territorial routes 
 traversing remote regions and subject to but limited observation. 
 
 In issuing the advertisements for postal services, proposals are invited for car- 
 rying the mail on a particular route, say, once a week. With the advertisement 
 is published the following notice : 
 
 The Postmaster-General has no power under the law to release bidders and contractors, and their 
 
 fnarantors and sureties, from their liabilities, on the allegation of real or supposed mistakes of any 
 ind in making proposals. He particularly requests that, before bidding, the fullest inquiry and in- 
 vestigation be made in regard to the route, distance, service, weight of mails, cost of stock,, feed 
 and all, expenses, existing and likely to occur, during the contract term and with due consideration 
 of the consequences imposed by law on delinquents. 
 
 HOW BONA FIDE BIDDERS ARE DISPOSED OF. 
 
 After this notice a bonajide bidder, in making his estimates, will assuredly al- 
 
 29 
 
450 THE POSTAL FRAUDS. 
 
 low margin for a fair profit, taking into account all the difiiculties, expense and 
 risks involved in the performance of the service. Having obtained the contract, 
 established his stations along the route, and otherwise arranged for one trip per 
 week, any order that he can procure for additional service, carrying with it pro 
 rata increase of pay, gives him a great percentage of profit. It is matter of com- 
 mon information among people advised on the subject of postal contracts that 
 the amount of stock ordinarily employed in transporting the mail once each way 
 over a route is sufficient also for an additional trip. If any further expense is in. 
 curred, it is, in comparison to the pay received, so slight as hardly to merit at- 
 tention. 
 
 We will suppose the route, probably a sparsely-peopled expanse of wilderness 
 and mountain road, to have been procured by the favorite ring contractor. The 
 preliminaries have been ostensibly observed — the guarantors have been certified 
 to by Postmaster Edmunds, whose vocation it is to swear clairvoyantly to the 
 circumstances of unknown people, and the signatures to the bonds have been at- 
 tested by some complaisant Washington notary who can make a thousand dollars 
 worth of realty indefinately available by administering the oath in instalments, 
 and the service is begun. Part of the route is coached, and on parts of it where 
 there is no passenger travel, the "mails" — sometimes a mere pocketful of letters 
 . — are carried on horseback or on a buckboard. Presently — within a month or a 
 week, it may be — interest having been previously made with the Postmaster-Gene- 
 ral, an increase of service is ordered, and the contractor's pay doubled. In some 
 instances, when the necessity for the route itself was altogether doubtful, it has 
 been thus trebled. Penalties for default on the favorite contractor, when default 
 is reported at all, in the shape of fines and deductions, are seldom visited ; and 
 when visited speedily remitted, except in perhaps a nominal sum for the sake of 
 appearances, while the honest contractor is held to a rigorous accountability. 
 The ring contractor's accounts are marked ' ' special, " and take precedence in set- 
 tlement ; while the required certificates of service from the postmasters at the 
 termini are often forged in Washington and presented as from New Mexico or 
 Colorado with the ink upon them scarcely dry. It was one of Peterson's tricks 
 to run the service regularly on long routes a few miles to and from each terminus, 
 that he might spare the tender Republican consciences of the oflacials in making 
 their reports, while he was neglecting the whole intermediate for weeks together. 
 This prevalent, if not collusive, knavery under his predecessor, by which the 
 treasury was Inordinately plundered, was refused investigation by Postmaster- 
 General Jewell, upon the principle so appropriately recognized, it may be sup- 
 posed, by a military administration, that dead men should tell no tales. 
 
 GLARING FRAUDS. 
 
 The orders made by Postmaster-General Creswell within a single year for in- 
 crease of service on route No. 43,127, considered in connection vrith the popula- 
 tion of the country through which it runs, and the insignificant postal revenue 
 derived from it, bear on their face the most glaring indications of fraud. The 
 route referred to was that which was held by C. C. Huntley, of the Northwestern 
 Stage Company, running from Walla- Walla, Washington territory, to Missoula, 
 Montana territory, a distance of 450 miles. The pay on this route was increased 
 to $71,226 per annum. The intermediate stations, as entered upon the depart- 
 ment records, are Waitsburgh, Tukannan, Union Flat, Colfax, Rosalijf, Rock 
 Creek, Pine Grove, Spokane Bridge, Horse Plains, St. Ignatius and Agency. 
 Here is quite a suggestion of populous geography, but with one or two exceptions 
 
THE POSTAL FRAUDS. 451 
 
 the places are scarcely entitled to be called hamlets, while Walla-Walla itself, the 
 largest of them all, is but a small settlement. So far as the report of the last cen- 
 sus indicates, the sum of their population is a little over three thousand souls. 
 But, to avoid cavil, we will take the population of the counties in which these 
 places are supposed to be situated, which is 8,588. So the department pays out 
 for postal facilities for each and every man, woman and child about the sum of 
 nine dollars. Now the postal receipts from all the sixty-three routes of these two 
 territories w^as at the time but $44,113, or over $27,000 less than was paid Huntley 
 for running this almost superfluous route. But if it be contended that such a 
 route is in the nature of necessity and the interests of civilization, we will pursue 
 the inquiry a little further. Of the 3,341 inhabitants of the places before enumer- 
 ated, 3,194 reside at or near the termini of the route, leaving only 147 as living 
 along this barren reach of four hundred miles. Again, the above population was 
 otherwise provided with mail facilities. Missoula had a mail outlet to civiliza- 
 tion, and the Union Pacific Railroad, by a route running to Helena, Montana, over 
 which postal communications was had three times a week. On the other hand, 
 Walla taps the railroad seven times a week by the stage route, and it is in addition 
 supplied with mails seven times a week from Portland, Oregon. 
 
 Huntley was the first contractor on this route, and his contract called for one 
 trip per week, with pay at $23,000 per annum. This service was increased to 
 three trips, and for the fiscal year ending June 30, 1869, he received $68,967.39. 
 Owing to the persistent protests of postmasters, special agents and an officer of 
 internal revenue, the number of trips was, about the close of 1869, reduced to 
 one per week. But the complaints in behalf of honesty of these faithful public 
 servants brought the axe to their necks. Huntley boasted of their dismissal. 
 
 On the 30th of September, 1869, advertisements were issued for service in the 
 territories for four years, to commence July 1, 1870. As to the Walla- Walla route, 
 proposals were invited for one trip per week, including side supply to Stevensville 
 and Fort Owen. L. L. Blake was the accepted straw bidder at $15,100, and con- 
 tract was made with Huntley at $22,900. Now, holding in view the history and 
 character of this route — the fraud by which the route was established and the 
 contracts obtained, the ridiculously few people to be supplied with postal facili- 
 ties, the abundance of supply through other channels, the trifling revenue to be 
 derived by the department, and the great preponderance of expenditures over re- 
 ceipts, all of which was fully proven to Mr. Creswell — observe his action imme- 
 diately following the commencement of service under Huntley's renewed contract, 
 which went into operation July 1, 1870.' 
 
 Huntley's allowance. 
 
 First. — On that very day he made an extra allowance. In June, 1868, a post- 
 office called Tukannan was established in Walla- Walla county, Washington terri- 
 tory, about ten miles off the main route, w^hich at that time was numbered 15,422, 
 and the salary of the postmaster thei;e stationed was fixed at $12 per annum. Up 
 to the 30th of June, 1873, no change had been made in the salary of this officer, 
 showing that little or no business was transacted by him for the department; and, 
 moreover, the agent of the Census Bureau, if he happened to find the place, dis- 
 regarded it, for there is no enumeration. Nevertheless, on the 1st day of July, 
 1870, Mr. Creswell made an order allowing Huntley $2,130 for pretended supply 
 of this office from June 17, 1868, to June 30, 1870, under his old contract. 
 
 Second. — Within the same month, to wit, on the 29th thereof, he issued an or- 
 der for one additional trip a week on side supply from Missoula to Stevensville, 
 forty miles, with additional allowance of $2,022 per annum. 
 
452 THE POSTAL FRAUDS. 
 
 Third.— By the 23d of the following month Mr. Huntley had made interest 
 with him for a yet greater favor ; for on that day was promulgated his order for 
 service on side supply extended from Stevensville to Gird's Creek, forty-five 
 miles, with additional allowance of $4,550 per annum. The office of Gird's Creek 
 was of so little importance that no person could be found to act as postmaster, 
 and in the following December it was discontinued and has not been re-estab- 
 lished ; and the astonishing fact is to be told that the additional pay of $4,550 was, 
 notwithstanding, continued until the end of the contract term, a period of three 
 years and six months. 
 
 Fourth. — Only four months later he presented Mr, Huntley with the equiva- 
 lent of a large fortune in the shape of an order, dated Dec. 22, 1870, for two ad- 
 ditional trips a week between Walla- Walla and Missoula, with an additional al- 
 lowance of $41,754 per annum ! 
 
 HOW THE ADVERTISING OP ROUTES IS MANIPULATED. 
 
 In a general way, the manner and effect of " increasing the service" — a power 
 vested in the Postmaster-General — has been explained ; and it will now be shown 
 how the Ring has, by directing the preparation of advertisements in the depart- 
 ment, opened the way for the exercise of that power in their interest. 
 
 For the purposes of the contract office, the states of the Union are grouped in 
 four sections. The first comprises the New England and Middle states, Maryland 
 and the Virginias ; the second the Carolinas, Georgia, Florida, Alabama, Missis- 
 sippi, Tennessee, Kentucky, Ohio and Indiana ; the third, Illinois, Michigan, 
 Wisconsin, Iowa and Missouri ; and the fourth all the remaining states and the ter- 
 ritories. The contract term for each of these sections is four years, commencing 
 with the fiscal period, but the regular lettings are separated by equal intervals of 
 time. 
 
 There are seventeen corresponding or contract clerks, about equally distrib- 
 uted, each assigned to the business of a particular number of states belonging ta 
 his section. It is the duty of the contract clerk to keep a record of bids and 
 awards ; to see that provision is made for supplying his post-offices with transpor- 
 tation ; to receive petitions for the establishment of new routes and for increase 
 of service, and to examine as to the necessity for what is asked in the petitions ;. 
 to be familiar with the character of the country through which his routes pass, 
 and to this end he is supplied with maps and all other necessary facilities ; to 
 make up and submit cases to his superiors, and to prepare advertisements for pro- 
 posals. These advertisements are published in a pamphlet, and arranged therein 
 according to the numerical order of the routes. The offices on the route are given, 
 as are also the distance, time of arrival and departure, and the number of trips 
 per week. This last is the item which invites attention. It was the object of the 
 Ring to have the number of trips on any given route reduced in the advertisement 
 to one trip per week in order to ward off competition, well knowing that having 
 once obtained the contract they could, by the mere scratch of Mr. Creswell's pen„ 
 have the service increased and the pay doubled or trebled. 
 
 Outside bidders, ignorant of the country and not in the secrets of the Ring, were 
 not disposed to risk their capital under a contract for but one trip a week, except 
 at a rate which carried them above competition with the Ring. But suppose an 
 outside bidder should assume the risk and obtain the contract at one trip per 
 week, then indeed would he feel the power of the monopoly. He would in vain 
 attempt to procure an increase of service. The performance of his contract would 
 be watched with the untiring vigilance of cupidity and malice, and he would be 
 
THE POSTAL FRAUDS. 453 
 
 subjected upon every pretext to fines and deductions. Reduced to a condition of 
 despondency, he would be approadjed by an emissary of the Ring with a proposal 
 to sell his contract, and this he would gladly accept. But such a contract is not 
 assignable. This, however, is only an apparent difficulty, readily overcome by 
 the execution of a power of attorney, which carries with it the control of route 
 pay. All that remains to him is the percentage the Ring may consent to bestow. 
 The bargain concluded, the department at once relaxes, and an increase of service 
 is ordered for the account of the Ring. 
 
 Sometimes less service has been advertised for than was actually needed, and 
 in such cases the public have suffered great inconvenience. This was done with 
 ^ full knowledge by the department of existing necessities in the territorial let- 
 tings of 1869. The wants of the people, as was foreseen, compelled an almost 
 immediate increase. Take, for example, route No. 7,587, from Fort Gibson, 
 Ark. , to Sherman, Texas, and the direct line of communication between St. Louis 
 to that state. There was need of daily service, and of this fact the department 
 was fully aware. Such, indeed, was the importance of the route that the Cham- 
 ber of Commerce of St. Louis petitioned for that amount of service. Yet in the 
 advertisement but three trips were called for. The award was made to a straw 
 bidder at $900, upon whose failure the petition of the Chamber of Commerce was 
 granted, the service was increased to six trips a week, and a contract was made 
 with F. P. Sawyer for the temporary service at $34,396 per annum, the old rate 
 of pay. 
 
 ANOTHER INVESTIGATION. 
 
 The investigation at the second session of the Forty-sixth Congress originated 
 in this way : The Postmaster-General, in his annual report to Congress, made no 
 allusion whatever to a possible deficiency for the Star Route mail service. At the 
 time he wrote his report he knew that there must be for that fiscal year, 1879-80, 
 a deficiency in that service for more than $1,000,000. Congress had not been in 
 session two weeks before Postmaster-General Key, enclosing a letter from his 
 second assistant. Gen. Brady, sent a letter to the Senate and the House asking for 
 an appropriation of $2,000,000 to meet a deficiency in the Star mail service. 
 Thereupon the House referred the letter to the Committee of Appropriations. 
 That committee considered the matter, and unanimously agreed to ask the House 
 for authority to inquire into the whole subject. That power was granted by the 
 House without dissent. 
 
 The investigation began. Second Assistant Postmaster-General Brady was 
 <;alled upon to account for the money he had expended. The appropriation made 
 by Congress for the Star Mail service for the fiscal year 1879-'80 was $5,900, 000 — 
 -every dollar the department estimated would be required, and every dollar asked 
 of Congress. He had spent the whole of this sum in the first three-quarters of 
 the fiscal year. This had been done by increasing the pay of contractors. It was 
 the old system. Contractors bid low for the service. The department had pre- 
 pared the way for this, by advertising for service less frequently than it was 
 required, and at a slower speed than the mails had been carried the previous con- 
 tract term. Then the contractors having obtained the contracts at low bids, got up 
 petitions along the routes asking for more frequent deliveries of the mails and 
 quicker time. On these petitions the increased speed and additional deliveries 
 were ordered, 
 
 SENATOR DORSET'S RAKE. 
 
 To show how this business was managed we will instance one case. Senator 
 Stephen W. Dorsey, while he was still in the United States Senate, entered into a 
 
454 THE POSTAL FRAUDS. 
 
 combination with his brother, John W. Dorsey, his brother-in-law, John M. Peck, 
 and John R Miner, to obtain as large a number of Star Mail contracts as possible. 
 They employed an ex-post-office clerk named Redell, who was familiar with the 
 routine of the business in the department. He prepared the, bids, drew up the 
 bonds, which must be signed by the bidders, with the amount of the bid inserted, 
 and then some postmaster must certify that he is well acquainted with the bonds- 
 men, that he saw them execute the bonds, and that he knows that they are good 
 for the amount thereof. Senator Dorsey sent these bonds, without being signed 
 by the bidders, without having the amount of the bids inserted, to the postmaster 
 at Little Rock, Arkansas, a creature of his, who had them executed, with one or 
 two sureties, and returned them to Dorsey at the Senate Chamber. The whole 
 thing was a farce and fraud from the beginning. It was so proved before the 
 Committee on Post-Offices and Post-Roads of the Forty-fifth Congress, in March, 
 1878. So complete was the proof that Mr. Cannon, a Republican member of the 
 cemmittee, insisted that the Postmaster- General should be notified of the facts, so 
 that he might reject the fraudulent bids. The notice was given ; Dorsey himself 
 came before the committee and solemnly swore that he had no interest, and ex- 
 pected to have none, in any contracts which might be obtained on these bids. The 
 Postmaster-General, Mr. Key, in spite of the notification he had received of the 
 character of the bids made by Dorsey's Syndicate, accepted them and awarded 
 more than 100 contracts to the members of the Ring. His excuse for doing this 
 was that the government saved $160,000 a year thereby, as compared with the 
 price paid for carrying the mails on the same routes during the previous four 
 years. 
 
 Within a month after Dorsey's time expired as Senator, on the 4th March, 
 1879 — the contracts taking effect, June 30, 1879 — he himself took sub-con- 
 tracts in a large number of the most profitable of the routes the Syndicate had 
 obtained. A sub-contractor means the one who actually performs the scr 
 vice. Dorsey did not perform the service. He sublet the routes to Barlow, 
 Sanderson «& Co. , and other contractors. Now, what happened with these con- 
 tracts which were to save the government $160,000 a year? Before service began 
 on many of them, and before any of them were six months old, they had been 
 raised by Second Assistant Postmaster-General Brady, till they — the 100 and odd 
 routes — cost the government $553,000 a year more than the original contract called 
 for. These contracts were for four years, so that this steal will amount to 
 $2,212,000 ! 
 
 TWELVE SAMPLE COKTRACTS. 
 
 To show how the government was swindled by allowances by Brady for addi- 
 tional service and increased speed, we append the following table, showing what 
 twelve sample routes were originally let for, and what they were raised to : 
 
THK POSTAL FRAUDS. 
 
 455 
 
 Bd\JL% JO 
 
 •OK »uasajj 
 
 •jjaaAk. J9d 
 
 ijaiBW 
 Bdja^ JO -OK 
 
 §88,.SS§S§gl8g?8 
 
 iiiigSiiiiii 
 
 S B § ^" 88 5 ^^ S S" ?f i§ 'i 
 
 S88Sfeg8§l?SS?8 
 
 ^s8i~c*e3<oIn<»(N_^C5 
 •* «o to S 
 
 1-. I- w o 
 
 8888^8888888 
 
 gS88fe82§8i8§8 
 
 «o cf ^ o o" V eo" t-^ 00 cT itf 
 
 I- O I- t- I- l~ t- I- t- I- t- x> 
 
 THi-ii^e>s«eo«©»T-4(Ni-s« 
 
 •q^auat 
 
 
 •o^noj 
 JO OK 
 
 |2 2§SSl!;SS§^iS 
 
 goo eO-*eOCO'<r-<3'r-(r-l(Nrf-r-( 
 
 g I I I § S I s 
 
 ■sag 
 
 - -e - « 
 
 a tf :f 
 
 
 K? PLh P^ P^ Eh cc K 
 
 S S I S g I 
 
 eo ^ ^ ^ -^ Tj( 
 
 5 
 
 P ^ N 
 
 ^ ^ <«5 
 
 o o 
 
 o o 
 
 
 ^ 
 
 CONTRACTOR SALISBURY'S INCREASE. 
 
 Here is another table showing how one 'contractor, Monroe Salisbury, had his 
 contracts worl^ecl up by Brady. These include only those on which the increase 
 amounted to more than $5,000 a year : 
 
456 
 
 THE POSTAL FRAUDS. 
 
 QOODQOQOOO 00 feoo 00 00 QoSoQOOO 00 00 00 
 
 
 l- ^i_,tHi-i »0 1-1 1-1 
 
 ^' ij" !»^ bi) 
 
 tc tc 
 
 3 
 
 3 3 a> 5 5 '4) 'sd J^ 'o oogH « » s^ 
 
 828S8 8 88 3 8 8888 8 8 8 p; 
 
 oTodeooTiC o Tio I- rJ t^-^eoo i-i so o' \i~ 
 T-i 1-1 o« rH 1-1 c* TH i-( 0* 1-1 ir; 
 
 00O5OiOjaOO5OTO5O5OSQ0O^Q0O5QO 
 QOOOQOOOOCOOOOOOOOOOOOQOOOOOOO 
 
 ii-^i-ii-it-i-^in««i-<«t-i-iT-ti 
 
 35 « S^r** s'25'= « a* «^ 3 
 
 <J'<^'-9"<il=<l-5lT<<JO^CC><t-5 
 
 8SSSSSS888SSS8S8 
 
 ■* 00 oi ofof 1-1 1- eo'oo c 
 
 . «j 3j !-• t- S lo 
 
 g?2g 
 
 3 3 3. 
 
 8 8 
 
 S 3" 
 
 6^ 
 
 88888 8 88 8 8 8888 8 8 8 
 
 •aojjd 
 !»»Ba}aoo iBUfauQ I 
 
 fcS 
 
 '^l 
 
 88 5 
 
 »o in 
 
 OSt-!D«e'<9' ©J COi 
 
 t- ■*©*■<*< »oo 
 
 •aou'Bjsid 
 
 ililSSISs ilS§SI§S 
 
 "2§°3 
 gToSgo 
 
 1 S^ ^ 
 
 2 Si ^ 
 
 >. . 
 
 
 
 ^ I 
 
 to ::: 
 
 ^ Pl^p^pq^ 02 02 ^ 
 
 :s s § sg^i III 
 
 
 2^ 
 
 
 o o 
 
 i^^^ 
 
TIlli: POSTAL FRAUDS. 457 
 
 Iq addition to tliese Salisbury liad 58 contracts, and his total increase on the 
 Whole 75 was more than $1,000,000 a year or $4,000,000 for four years. 
 
 GENERAL BRADY's IMPOTENT DEFENCE. 
 
 The following is the way General Brady excused himself for his acts. The 
 questions were put by General Hawley of Connecticut, one of the Republican 
 members of the committee : 
 
 Bj' Mr. Hawley : These contracts, if carried out. will make a deficiency. Were they in any proper 
 sense authorized by law ? A. It was entirely within the discretion of the postmaster-general to do 
 all that he has done. 
 
 O. Was there an appropriation (considered in the language of the statute) adequate to the 
 fulfillment of those contracts ? A. There was up to a certam time. 
 
 Q. My question admits of an answer, yes or no. Was there an appropriation (considered in the 
 language of the statute) adequate to the fulfillment of those contracts as they stand to-day ? A. I 
 answer again that the appropriation was adequate up to a certain time. 
 
 Q. And that is as nearly as you can answer ? A. What that time is, we may get at by the 
 slate. 
 
 Q. These contracts not being in existence when the appropriation of $5,9(X)!000 was made, could 
 they have been contemplated at that time ? That question, however, answers itself. They could 
 not be. How do you meet section 3679 of the Revised Statutes, which provides that j'ou shall not 
 expend in excess of appropriations ? A. I meet it by saying that we have not yet expended in excess 
 of the appropriation, and do not propose to do so. We propose to bring ourselves within that 
 statute. 
 
 Q, How do 3'on meet that section of the statute which says that you shall not involve the govern- 
 ment in contracts for future payments in excess of the appropriation ? A. My former reply answers 
 that. 
 
 Q. That is to say, that you have a right to kill the contracts so as to keep within the appropri- 
 ation, is that it ? A. Yes. 
 
 Q. But you say in j'our statement that the expenditures for the present fiscal year up to the 
 first of January is $3,8(X),(XX). A. Yes; about that. 
 
 Q. Is that the rate at present ? In other words, are you going at the rate of $7,600.<X)0 a year- 
 or have 3'ou increased the service so that for the next six months the expenditure would be more 
 than $3,800,000 ? A. No ; I think not. 
 
 Q. You have but $2,100,000 left for contracts that call for $3,800,000. Is that true ? A. I pre- 
 sume it is ; I have not figured it. 
 
 Q. If you have now expended $3,800,000 out of the $5,900,000, there is but $2,100,000 left ! 
 A. Something in that neighborhood. 
 
 Q. There is,then, $2,100,000 left for contracts,that call for $3,800,000. That is a little over one- 
 half. Must you not, then (to saj^ nothing about the month's extra pay), stop all the Star routes 
 absolutely, about the first of April, in order to keep within your appropriation ? A.I had calcu- 
 lated that we could run the service exactly as it is until about the middle of April. 
 
 Q. I calculate that it will take you to about the 10th of April, but I understand that you are 
 bound for a month's extra pay in case you stop the contracts ? A. Yes. 
 
 Q. So that ^ou have got to stop absolutely about the 10th of March every single Star route 
 within the United States in order to keep within the appropriation authorized by law. Is not that 
 mathematically correct ? A. It is very near correct, I judge. The postmaster-general was fijjur- 
 ing on it the other day, and as the result of his figuring he gave me an order to commence a reduc- 
 tion on a large number of routes, to take effect immediately. I told him that I did not think that 
 that would be good policy, as I thought that Congress was going to give us the money. 
 
 Q. Then, approximately, on the 10th of March the service on every Star route in the country 
 must stop. You stated that failure to keep up the service would be disastrous to the contractors. 
 Did they know that they took their contracts under the risk of an entire suspension? A, No, sir ; 
 they knew nottuDg about the internal management of the office in that respect. 
 
458 POST-OFFICE DEPARTMENT, 
 
 POST-OFFICE DEPARTMENT. 
 
 PETIT LARCENY. 
 
 Petty steals in the departments have given the Democratic Congress great 
 trouble. Amounts ranging from five hundred dollars to twenty and thirty thou* 
 sand dollars have been smuggled into the estimates sent to Congress. They are 
 so covered up in ostensible necessities that it is hard to discover them. In las; 
 year's appropriation an item of twenty thousand dollars in the Post-Office De" 
 partment estimates was found to be of the character referred to. The House 
 Committee on Appropriations notified Postmaster-General Key that there would 
 be no further use in sonding in the request for this particular amount. 
 
 Eight years ago the Post-Office Department began Ihe payment of $20,000 an- 
 nually for the publication of the official Post-Office Guide. There is no record 
 of its having been given out by bid and contract. All that appears is an appropri- 
 ation of this amount to be paid to the Boston publishing firm of H. 0. Houghton 
 & Co. for the publication of the Guide. When the Democrats came into power 
 the request was changed by omitting the name of the publishing firm, making it 
 appear that the department was publishing the Guide. When the true nature of 
 the transaction was learned, the present Postmaster- General wms warned that 
 thereafter no appropriation would be made for the purpose. Mr. Key said in ex- 
 planation that it was a matter he found in the department when he came in, and 
 he begged as a personal favor to have the appropriation made. The ofiicial Post- 
 OflSce Guide is a book known to every one. Its sale reaches into hundreds of 
 thousands of copies annually. It is corrected about every three months. The 
 corrections consist of the mere insertion of new post-offices and the names of the 
 new postmasters. All this data is furnished to the publishers by the department, 
 thus relieving them of all the trouble save the mere changing of th^ names. 
 This being accomplished a new edition is brought out and sold at 50 cents a 
 copy. The profits on the book are thus made enormous. The $20,000 a year is 
 given as a bounty to the publishers. The pretense upon which this money has 
 been handed over is that it is in payment for copies furnished the department. 
 
 There are many publishing firms who would not only furnish the department 
 with its copies gratis, but would pay the department $20,000 a year for the priv- 
 ilege of publishing and selling the Guide ; which is made official by the signa- 
 ture of the Postmaster-General. 
 
GOVERNMENT PBINTING FRAUDS. 45^ 
 
 GOVERNMENT PRINTING FRAUDS. 
 
 The Government Printing Office was established in 1860. Immediately before 
 that the public printing had been done by contract, and had been done so well 
 and honestly that its continuance was advocated by the ablest men in both Houses 
 of Congress, and by Senators Cameron and Hamlin, then the only practical prin- 
 ters in the Senate. The scheme 6f establishing a public printing office was advo- 
 cated chiefly by those who expected to profit by such an institution. Chief among 
 these was Cornelius Wendell, the owner of the establishment which the govern- 
 ment bought at an enormous price. Wendell was doing the printing for Con- 
 gress, was financially embarrassed, and was suspected of being guilty of frauds. 
 
 The Committees on Printing of the two Houses had many conferences on the 
 subject, and listened to the testimony of many expert witnesses as to the feas- 
 ability of establishing a government printing office. All whose opinions were 
 worth anything expressed adverse opinions, Mr. Rives Saying Ihat the printing 
 would cost from fifty to one hundred per cent, more if it was done by the govern- 
 ment itself. Those who recommended the plan were Wendell (who owned the 
 building in which the printing office is located), English, Larcomb, Powers, and 
 Defrees, the present public printer. The other three were clerks of Wendell. 
 The plan was adopted, notwithstanding the character of the opposition, and the 
 superintendent of public printing was authorized to contract for the erection of a 
 government printing office by joint resolution of June 30th, 1860. The office of 
 Congressional Printer was established February 22d, 1867. John D. Defrees was 
 the first printer, A. M. Clapp the second, and now Defrees is at the head again. 
 
 In 1873 the Congressional Globe was discontinued and tlic Congressional Record 
 established. The former had been printed by Mr. Rives, the latter is printed at 
 the Government Printing Office. 
 
 No sooner was this great machine set in motion, than suspicion of fraud began 
 to attach to it. So loud were the complaints and so plain the evidence that in 
 1874 the Republican Senate was compelled to order an investigation. It was a 
 whitewashing affair, however, directed only to one subject of inquiry, the charge 
 of excessive charges made by the public printer against the departments. Other 
 charges were made against Clapp while this investigation was pending, but a 
 hearing on ihem was rudely refused by the committee. Clapp's attorney was 
 Dick Harrington, a member of the District Ring, who was himself under investi- 
 gation at the time. 
 
 When the Democratic House came in, however, at the beginning of the Forty- 
 fourth Congress, it was determined to make a thorough investigation of the print- 
 ing office. The institution had been established by the Republicans, and was 
 vigorously defended by Republican influences. With this establishment the cost 
 of the public printing has increased to between $1,500,000 and .$2,000,000, from 
 
460 GOVERNMENT PRINTING FRAUDS. 
 
 ^hich it is estimated the stealings are from $400,000 to $600,000 a year. Some of 
 this money is used for printing Republican campaign literature, and for binding 
 books for the private libraries of members of Congress. 
 
 The investigation being ordered, Mr. Clapp testified that he bought his supplies 
 at the lowest rates, and did his work economically. A number of expert printers, 
 on the other hand, testified that samples of work shown them could be done prof- 
 itably for from twenty to three hundred per cent, lower than Clapp had charged. 
 
 ASTOUNDING DISCLOSURES. 
 
 A. R. Spofford, the able Librarian of Congress, testified to the enormous charges 
 of the government printer for work done for the Congressional library, and said 
 that he wanted it put on record that he was no party to these frauds, as he was 
 compelled by law to send all the books to be bound to the Government Printing 
 Office, no matter what the charges were. He brought books to the committee 
 room and fully illustrated the various charges. The binding for the Congres- 
 sional library last year cost over twenty-eight thousand dollars. 
 
 George A. Gane, of New York City, the proprietor of two of the largest estab- 
 lishments in this country for the sale of binders' material — one in New York City 
 and the other in Boston— made astounding disclosures in regard to what the 
 government printer pays and what he would furnish the same material for. He 
 said that he had noticed the frauds practiced in the purchase of binders' material 
 for the government several years ago and found out that there was no competition 
 to the trade. He had written to Mr. Clapp, sent him samples, and said that he 
 would furnish the articles for prices named. Mr. Clapp paid no attention to this, 
 so a year later Mr. Gane wrote again to Mr. Clapp, calling his attention to his 
 former offer. Mr. Clapp gave him an order for a small quantity, and, acknowl- 
 edging the receipt of the material, stated that it was entirely satisfactory, but 
 never gave another order. 
 
 John Gibson, of Washington, a practical printer, who has a large establishment 
 which he had conducted over thirty years, furnished prices at which he was will- 
 ing to do the work for the government, and they were one hundred and sixteen 
 per cent, lower than those charged at the Government Printing Office. 
 
 Joseph L. Pearson, a practical printer of twenty-one years' experience, was one 
 hundred and twenty per cent, lower in his estimates. 
 
 All the persons named and many others, who gave similar testimony under 
 oath, are proprietors of large establishments and are persons of the highest in- 
 tegrity and bear the highest reputation for truth and veracity, and their testimony 
 cannot be questioned. 
 
 OVER ONE HUNDRED PER CENT. PROFIT. 
 
 In regard to blank books manufactured at the Government Printing Office for 
 the various departments, including all the custom-houses, Mr. Lewis A. Lipman, 
 of the firm of Boorum & Pease of New York, the largest blank-book manufac- 
 turers in New York City, testified that their prices, including profits, were one 
 hundred per cent, lower than those charged at the Government Printing Office. 
 
 It should be borne in mind that in all these charges against the Congressional 
 printer for work done he takes no account of superintendence, rent, taxes, insur- 
 ance, repairs, and many other items of cost that amount in the aggregate to a large 
 sum, and which all private establishments have to take into consideration in mak- 
 ing up their prices. The foreman in the press room in the Government Printing 
 Office testified that the presses were run up at a very high rate of speed, in some 
 double what they would be in a private establishment, and hence frequent 
 
GOVERNMENT PRINTING FRAUDS. 461 
 
 breakages and repairs and early destruction of the presses. To practical printers 
 it is only necessary to say that an Adams press is run at the rate of sixteen hundred 
 impressions per hour, and they can form an idea of the enormous wear and tear 
 there must be in the course of a year. It makes no difference to the public printer 
 how long a press may last, for as soon as it is worn out it is thrown away and an- 
 other purchased. 
 
 There is no check whatever upon the person in charge of this vast establish- 
 ment, and he can purchase whatever material, machinery, presses, type, etc., he 
 chooses, and makes whatever arrangement he can with parties furnishing such 
 supplies, and it would be a very easy matter in this way to defraud the govern- 
 ment of large sums of money. The quantity of type in the Government Printing 
 Office would probably supply every printing establishment in New York City. 
 They have such a vast supply that if they have a book to print which they have 
 reason to believe may be ordered reprinted in a year, they keep all the forms 
 standing, no matter if there are a thousand pages. Instances in which forms are 
 kept standing in this way were made known to the committee ; and it was proved, 
 that the cost of composition was charged against the government a second time. 
 
 WHAT REPUBLICAN WITNESSES TESTIFIED. 
 
 With such facts before them the committee made their report to the House 
 recommending certain changes, which recommendations were adopted by the 
 House, and legislation authorizing them was inserted in the Sundry Civil Bill. 
 The Senate struck out all these safeguards and checks, which were designed by 
 the House to prevent overcharges and other fraud on the part of the public 
 printer. Senator Morton advocated Mr. Clapp in the Senate, notwithstanding the 
 testimony taken by the Printing Committee of the House had been published 
 weeks before, had been discussed for days in the House, and had been commented 
 on by all the principal papers in the country ; and notwithstanding, too, the fact 
 that nearly all the witnesses and experts who gave this testimony acknowledged 
 themselves to be Republicans. Mr. Lipman and Mr. DeVinne, who gave the most 
 damaging testimony, are staunch Republicans ; and Mr. Behle. an accountant 
 who examined the books of Mr. Clapp, is also a Republican and has been em- 
 ployed for the National Republican Executive Committee as a stump speaker. The 
 committee, in selecting experts, had but one object, and that was to obtain com- 
 petent experts and honest men. Those only who were known as standing at the 
 head of the different trades were subpcenaed. 
 
 WHAT IS STOLEN. 
 
 Some of the frauds practiced were of such glaring character that the testimony 
 of an expert is not necessary to expose them ; for instance, small blank books, 
 which can be purchased at any stationery store at retail for from thirty to forty 
 cents a dozen, the Congressional printer swears cost, at the Government Printing 
 Office, from sixtj-- to seventy-five cents per dozen. The Revised Statutes, a book of 
 course familiar to every lawyer, the government printer testified cost three dol- 
 lars and a half each. This is one of the cases in which he undercharges. The 
 object of this is to make it appear that work of this kind done at the Government 
 Printing Office is done at far below the prices charged at private establishments ;; 
 but when the books of the Congressional printer came to be examined by the 
 committee it was found that his volume which he says cost three dollars and a 
 half actually cost nearly seven dollars. In the same way various other cases may 
 be mentioned. For instance, the Army and Navy Register, of one hundred and 
 fifty pages, is kept standing in the forms from one year to another, only slight 
 
462 GOVEBNMEXT PRINTING FRAUDS. 
 
 changes having to be made in the yearly corrections; yet full composition is 
 charged every year, no matter if hut a single name has been changed. 
 
 From 1863 to 1875, inclusive, the Government Printing Office, exclusive of re- 
 pairs, taxes, insurance and improvements, has cost $21,767,496.91, or an 
 average per year of $1,674,422.S4. From the data obtained by the House 
 Committee on Printing, it can be safely assumed that if the work done at this 
 establishment had been honestly done or given out by contract to the lowest re- 
 sponsible bidders, it could have been done as promptly and more faithfully, at a 
 saving of at least forty per cent., or about ^§,600,000. 
 
 THE FRAUDS PRACTICED IN THE PURCHASE OF MATERIALS 
 
 can be judged from the testimony of George W. Garner, a member of the firm of 
 John Campbell & Co. This house had furnished materials to the public printer 
 for seven years. Garner testified that Clapp bought from $125,000 to $150,000 
 worth of material of his firm annually. To show what profit was made on these 
 sales, he swore that in a sale of $879.25 worth of imitation gold leaf the firm made 
 a profit of $570.25. This transaction was more to the discredit of the public 
 printer because the gold leaf was purchased of Valleau, of New York, and each 
 package was stamped witli his name. Had Mr. Clapp been really desirous of 
 Tjuying the goods as low as possible he would certainly have dealt with first hands. 
 On a sale of $4,452 worth of law calf, Garner testified that his firm realized a profit 
 of $1,264. Generally, he swore, the public printer paid him higher prices than 
 individuals did. Mr. Clapp swore that he always made liis purchases in open 
 market, but on cross-examination he testified that he bought at private sales and 
 of whom he chose, never advertising for proposals or bids. 
 Mr. Clapp was guilty of a 
 
 VIOLATION OF CRIMINAL LAW. 
 
 In March, 1872, he testified he drew a check for $234 to Philp «fc Solomons for 
 white paper. Solomons swore, however, that the public printer had not pur- 
 chased a sheet of paper of the firm, and that the check was a false voucher, made 
 out for Mr. Clapp's benefit. The following is the story of this discreditable trans- 
 action : 
 
 From A. M. Clapp's testimony: Question. Referring to the stubs of your check-book under the 
 date of March 1, 1872, do you find that a check was drawn in favor of Philp & Solomons for $234 ? 
 Answer. I do. 
 
 Q. Can you explain for what that check was drawn ? A. I cannot here say, 
 
 Q. Do the data you have show that fifty reams of white cap paper were purchased from Philp & 
 Solomons on February 20, 1872 ? A. Yes; and receipted for by my foreman of binding. 
 
 Q. It shows that you purchased paper from Philp <fc Solomons ? A. Yes, sir. 
 
 A. S. Solomons testifies to the fact that not one sheet of such paper was pur- 
 chased from him by the Congressional Printer, but that a false voucher was 
 made out for the benefit of Mr. Clapp, and used in his settlement with the 
 treasury. 
 
 Question. Did you make an examination in regard to the transaction of March 13, 1872, when the 
 Congressional Printer drew a check in favor of Philp & Solomons for $234 ? Answer. I did. 
 
 Q. Please state the result of that examination. A. We had a large number of blank books 
 which we desired to sell to the Treasury Department. They needed the books, but had no fund 
 out of which they could pay for them, and suggested that we should see some one connected with 
 the])ublic printer. I met Mr. Roberts, whom I believed to be the foreman of the bindery, and re- 
 lated to him the circumstances. He said he would see about it. Shortly thereafter he made inquiry 
 as to the number of books in our possession, and subsequently saw and made a selection from 
 them, footing up the amount we asked for such books. He then informed me that, under the law, 
 they could not buy blank books, but had to buy paper, and he asked me to make out the bill for the 
 gross amount of the books ; that was $234. The bill read, " Fifty reams white cap paper, ISpounds. 
 At 26 cents per pound, $4.68 per ream," making in the aggregate $2.34. Subsequently that amount 
 was paid to ua by a check from the government printer, and the account was closed. 
 
govj^kisme2;t puinting frauds. 4G3 
 
 Q. How many books did you sell them ? A. Somewhere between one hundred and twenty-five 
 and two hundretl demy and crown cloth-covered books, ruled faint only, and paged. 
 
 Q. Did you include in this charge p»per, books, binding, and all else connected ? A. Yes. 
 Q. In this bill of $234, did you furnish any white cap paper ? A. None whatever. 
 
 CLAPP CONTKADICTED BY HIS OWN EMPLOYEES. 
 
 J. PI. Roberts, foreman of binding, through whom the blank books were pur- 
 chased, fixes the responsibility upon the Congressional printer, where it properly 
 belongs, although the printer feigns utter ignorance of the whole transaction. 
 
 Question. Did you ever make a purchase of Philp «fc Solomons of books, and have them make 
 out a bill for the game as paper ? Answer. Yes, sir. 
 
 Q. Was Mr. Clapp conversant with that transaction in its various stages ? A. I cannot say that 
 I presume I reported to him when I came back. 
 
 Roberts corroborates this testimony, but fixes the blame on Clapp. 
 
 Clapp retained, in violation of law, some $60,000 belonging to the government. 
 He swore that all this money was in the safe at the office. The clerk of the in- 
 vestigation went there, however, and found only $16,257.99 in the safe. Al- 
 though Clapp swore the money was nowhere on deposit, and that he had no de- 
 posit in any bank in the city, the cashier of the Metropolis Savings Bank testified 
 that he had at that very time deposited in their institution $12,000, drawing in- 
 terest at five per cent, per annum. The cashier of the Second National Bank 
 also swore that Clapp had deposited there $8,000, and that his deposits ranged 
 from $15,000 to $16,000. On these deposits interest was allowed. 
 
 WHAT THE ACCOUNTANT FOUND. 
 
 Mr. C. E. Behle, a very skilled accountant, who spent days in trying to sift 
 and digest the accounts of the Public Printing Office kept by Mr. Clapp, gave 
 testimony as follows : 
 
 Question. Do the amounts stated in the reports as realized from sales of waste, etc.), agree with 
 the book entries ? Answer. They do not. 
 
 Q. Should, or should not, the books sustain the reports ? A. By all means, the books should 
 corroborate the statements of the reports. 
 
 Q. Piom your examination, state the amounts deposited from October 1, 1875, to March 10, 1876? 
 A. Thereare two deposits on October 12 of $9,137.38; and on November 12, $10,889.93. 
 
 Q. What balance, then, would this show to be on hand on the 10th of March ? A. The amount 
 realized from October 1, 1875. to February 18, 187«, as shown by loose sheets accompanying sum- 
 mary cash-book, was $12,580.50; with the balance on hand not deposited on September 30, $63,828.- 
 88, and the balance as shown by cash-book from H. H. Clapp, from October 4, 1875, to March 10, 
 1876, $3,850.66, or total receipts amounting to $80,260.04, would show, after the deduction of the 
 two deposits, a balance on hand March 10, 1876, amounting to $60,232.73. 
 
 This amounted, under the statutes, to embezzlement on the part of Clapp. 
 
 ONE MORE INSTANCE OF OVERCHARGES. 
 
 The various departments of the government use millions of blank vouchers 
 during the year. There has been no change in the form of these blanks for 
 the last ten years. The forms on which they are printed are stereotyped, yet 
 no matter how frequently they are ordered, full composition (setting type) is 
 charged on each order, though not a single letter had been changed. The 
 work for the departments amount to about nine hundred thousand dollars a 
 year. Many of these blanks are small, and frequently thirty- two of them can 
 be printed at one impression, yet the Congressional printer charges an impres- 
 sion for each blank. This system of overcharges on press-work is adniirably 
 illustrated by the chairman of the Printing Committee of the House, Mr. Vance, 
 who, when the legislation proposed by his committee was under discussion in 
 the House, spoke as follows : 
 
 THE OVERCHARGES ILLUSTRATED. 
 
 I next come to the question of overcharges. The overcharges referred to in the contract system 
 have prevailed here; the same system of •'doubling up," of charging for work that has not been 
 done. 
 
 This paper which I hold in my hand is what is termed a form of sixteen pages. These sixteen 
 pages are made up in type, locked up in what is termed a chase, and put upon a press. The paper 
 IS put in and run through the press and comes out with sixteen pages printed on it. 
 
4G4 GOVEEIfMENT TKINTING FRAUDS. 
 
 Now, the complaint that was made heretofore in discussing the wrongs practiced nnder the con- 
 tract system was, that the contractor would print these sixteen pages— would tear them apart and 
 charge sixteen times for the work. But what do we find in reference to the work of the Congre?- 
 sional Printing Office? We find this Identical system carried out there, and it has been carried out 
 there through all the books that I have examined. 
 
 But now I am speaking upon the present charges. Look at this. Here is a form of sixteen pages. 
 If these forms were made up of single-sheet reports there would be sixteen printed at once. Here 
 are sixteen cut apart. Now the Congressional Printer prints off these forms of sixteen pages each. 
 He tears them into sixteen pieces. He makes sixteen separate and distinct jobs of nineteen hun- 
 dred copies each. And what does he charge? Not one press work, but sixteen press-works. What 
 is the result? He makes an overcharge of about S85 for press-work alone upon each and every 
 form of that sort that he puts through his press. An examination of the books of the Congres- 
 sional Printer shows that full press- work is charged upon each and every job of work, whether 
 put through the press singly or combined with other jobs. 
 
 Then there are overcharges made in composition. We find by further examination of the Con- 
 gressional Printing Office that a great many jobs are stereotyped there— hundreds of them— and 
 that all that is necessary to do when an order comes from a department is to print it. We find 
 tliat in almost every such case full composition is charged, when all he has to do is to take one of 
 these out, lock it up in a chase and put it on a press, and charge every time the job is ordered. 
 The books show that these charges have been made ; that it is a rule to so charge. 
 
 During the session of Congress, these one and two-page documents Mr. 
 Yance speaks of, will vary from sixteen to one hundred and fifty g, day: 
 yet there is no single instance where on his books Mr. Clapp has not over- 
 charged for them. 
 
 THE OBJECT OP UNDERCHARGES. 
 
 It was found by the investigation that two classes of work were system- 
 atically undercharged by Mr. Clapp; one of these was the Congressional Rec- 
 ord and another was the work of the Supreme Court. The Congressional Rec- 
 ord, it will be remembered, was taken from the private establishment of the 
 Rives Brothers, and the Supreme Court work was also taken from other private 
 parties in the City of Washington. For forty years the Congressional Olohe had 
 been printed by the Riveses, and always to the satisfaction of Congress. v 
 
 An examination of the books of the Congressional Printer showed that the cost 
 of the Congressional Record had been underestimated; in other words, was re- 
 ported to have cost forty thousand dollars less per Congress than the white 
 paper, type-setting, press-work and other labor incident to the performance of 
 the work actually cost. The object of this undercharge was to make Congress 
 believe that all the work done at the government establishment was done in the 
 same reasonable manner. He was enabled to do this by using the surplus of 
 money accumulated from overcharges on other work to defray the cost of print- 
 ing the Record which was not reported. 
 
 THE PRESIDENT VINDICATES CLAPP AND THE SENATE CONCURS. 
 
 Yet, notwithstanding all the facts, which proved beyond a doubt that a system 
 of corruption existed in the management of the Goverment Printing Office, and 
 that frauds and overcharges against the government were regularly practiced, 
 the President renominated Mr. Clapp, who had just been legislated out of office 
 by the House insisting that the public printer should no longer be nominally an 
 officer of the Senate. The new office was created, and the incumbent is hereafter 
 to be known as the Public Printer. To this Mr. Clapp was appointed by the 
 President ; the nomination was referred to the Senate Committee on Printing, 
 and Senators Anthony and Sherman reported it back, with a recommendation 
 that Mr. Clapp be confirmed. The Democratic Senators protested in Executive 
 session against it, yet Mr. Clapp was by a unanimous vote of the Republican 
 Senators confirmed. 
 
PUBLIC BUILDING FRAUDS. 465 
 
 PUBLIC BUILDING FRAUDS. 
 
 Under Grant's administration the Ring of Republican politicians who formed 
 the "Kitchen" Cabinet discovered that a gold mine, yet undeveloped, lay in the 
 construction of public buildings. The total cost of public buildings, from 1779 
 down to 1860 were $28,640,170.38. In 1866 the pipes were laid, and in 1868 the 
 carnival began. The total expenditures for public buildings from 1860 to 1876 
 were $51,174,978.05. Nearly all this vast sum was expended under Grant's ad- 
 ministration. Of the grand total of $79,805,148.15 expended for public build- 
 ings since the creation of the government, $28,640,170.38 were expended in the 
 seventy-one years previous to 1860, and $51,164,978.05 during fifteen years of Re- 
 publican extravagance and misrule. 
 
 The Republican party has had a continuous tendency to create new offices, bu 
 reaus and divisions, to provide places for the politicians who were demanding re- • 
 wards for political service. In this manner the Supervising Architect's office, in 
 the Treasury Department, which was not created by law, has grown to be one of 
 the most important divisions of the civil administration. From a petty officer, 
 who had control of the Treasury building extension only, the Supervising Archi- 
 tect has become the head of a bureau. 
 
 Government agents are appointed to superintend the work of construction. 
 The contractors are friends of the administration, and their employees are ex- 
 pected to vote the Republican ticket. It is a notorious fact that the workmen in 
 the granite quarries in Maine, whose work is virtually controlled by the Super- 
 vising Architect, have for many years been under political duress, and that a re- 
 fusal to vote the Republican ticket meant prompt dismissal. 
 
 The accounts for fuel, gas and water for public buildings pass through the Su- 
 pervising Architect's office. When Mr. Bristow became Secretary of the Treasury, 
 he attempted some reform in this direction, but his efforts to check abuses being 
 offensive to Grant, he was compelled to resign. 
 
 JOBBERY IN THE SUPERVISING ARCHITECT'S OFFICE. 
 
 During the fiscal year 1872-3 there were twenty-one public buildings in course 
 of construction, appropriations for which aggregated $10,052,063. There were 
 no contracts awarded for the construction of the buildings in gross sums, but the 
 Supervising Architect awarded different contracts for various kinds of work on 
 the same buildings. On the total cost of the work the contractors received a 
 profit of fifteen per cent., or $1,500,000. 
 
 I THE NEW YORK POST-OFFICE. 
 
 The construction of this great and necessary public building in New York was 
 managed in the interests of a Ring of contractors and politicians. The site for 
 the building and the plans for its construction were prepared by a commission of 
 eminent gentlemen in New York, acting under a resolution of Congress. They 
 
 S9 
 
466 PUBLIC BUILDING FRAUDS. 
 
 estimated tlie cost of a larger building tlian the one now completed, making a 
 liberal allowance for contingencies, at $3,542,930. These plans were objected to 
 by the Supervising Architect. The Committee on Post-oflaces and Post Roads, 
 however, adopted the commission's plans. The Supervising Architect, through 
 the influence of the White House, threw the commission's plans aside. The present 
 building occupies 10,000 square feet less than the one originally planned by the 
 commission. The work dragged along from year to year, until the citizens of 
 New York began to despair of living to see the new post-ofllce completed. When 
 it was completed, the total cost was found to be $7,454,831.68, or nearly $4,000,000 
 more than the estimated cost of the larger building under the plans of the commission. 
 The building was constructed in the most extravagant manner. Contracts for 
 the granite, of which the building is composed, were awarded without competitive 
 bidding. A contract was made with the Dix Island Granite Company to furnish 
 stone for sixty-five cents per cubic foot for all stones whose quarry dimensions 
 did not exceed twenty cubic feet, and one cent additional for every cubic foot in 
 excess of twenty; and, in addition, fifteen per cent, on the total cost. The con- 
 tractors made fortunes. The masonry work was performed by day work, under 
 the inspection of a crowd of superintendents, who received from $6 to $16 per 
 day each. 
 
 THE BOSTON POST-OFFICE. 
 
 This public work was constructed upon the same principle as the New York 
 post-oflice. Although the former building did not cost so much as the latter, the 
 jobbery in its construction was more apparent. The site for the Boston post-oflice 
 was purchased in March, 1868, for $453,000. The city government expended half 
 a million dollars in providing suitable approaches to the site. Merchants of Bos- 
 ton employed an architect of ability and experience to prepare drawings for the 
 superstructure of the building. Those plans did not please the Supervising Archi- 
 tect, who rejected them without even consulting tlie 8ecreta/ry of the Treojm/ry. 
 
 The sum of $200,000 was expended in laying the foundation. The cost of the 
 building was estimated at $2,598,967.60. Subsequently an extension to the build- 
 ing was authorized and the cost was run up in round numbers a million more 
 than the original estimate. 
 
 The frauds in supplying stone and other materials for the Boston post-oflice 
 were equally as glaring as those in connection with the building in New York. 
 
 The interests of the government were entirely unprotected. Incompetent men 
 were employed, mainly because of their political influence. 
 
 BOSS shepherd's CONTRACTS. 
 
 Boss Shepherd, who had a finger in every job where money was to be made, 
 came in for his share of the plunder at this time. He was the owner of two patents. 
 One was the Vaux patent roofing and the other a patent anti-freezing pipe used in 
 plimibing work. Shepherd made it his business to secure the fat contracts for 
 plimibing and roofing the public buildings then in process of construction. 
 
 His workmen traveled from Washington about the country, their expenses being 
 paid by the government. Material purporting to be shipped from Washington 
 was charged to the government at profitable prices, and thus Shepkerd was paid 
 15 per cent, on the total cost, and 10 per cent, royalty for the use of his patents. 
 The old public buildings were stripped of their gas fixtures and supplied with new 
 ones purchased from the Tucker Bronze Company, in which Shepherd was the 
 principal stockholder. 
 
FRAUDS IX THE PENSION OFFICE. 467 
 
 FRAUDS IN THE PENSION OFFICE. 
 
 The administration of the Pension service of the United States for the past ten 
 years has been a disgrace to the country, and an outrage upon the brave men for 
 -whose reward the service w^as established. The representatives of a grateful 
 people, then struggling in the throes of civil war, promised the heroes who 
 marched forth to battle that in the event of their disability from wounds or death, 
 the government would, in the former case, render them assistance, and in the latter 
 «vent, care for their widows and children. This promise implied prompt and 
 liberal treatment of these most honorable wards of the nation. How those pledges 
 have been fulfilled none are so well qualified to tell as the men, impoverished 
 and disabled, who have been knocking at the doors of the pension offices for the 
 last decade, vainly striving to have justice done them. 
 
 For the first few years the work of the pension office was well done. At that 
 time the exigencies of the Republican party were not such as to demand the con- 
 version of the pension service into a political machine. The service was managed 
 for the benefit of those whom it wa^ intended by the people to reward. In the 
 year 1866, with a clerical force of 175, over 50,000 original pensions were granted 
 by the Pension Bureau. 
 
 CONVERSION OP THE PENSION OFFICE INTO A POLITICAL ORGANIZATION. 
 
 In 1875 the Pension Office was called to the assistance of the Republican party. 
 In that year there was an average clerical force of 420, and only about 13,800 
 original cases were considered and granted. The object of the administration was 
 to give as many politicians places as possible, and to so retard the work as to keep 
 these political hacks in steady employment. Between the 4th of March, 1875, 
 and the 6th of February, 1876, 128 employees were discharged to make room for 
 98 new men. From the 4th of March, 1875, down to the present time, four dif- 
 ferent Commissioners have been in office. The present Commissioner, Mr. Bentley, 
 has been in office since 1876. There has been trouble in the operations of the 
 office ever since. Attorneys and claim agents, who do by far the greater part of 
 the pension business of the country, have not been given facilities for the speedy 
 transaction of their work. Individual applicants complain of the treatment they 
 have received in presenting their claims to the bureau, and members of Congress 
 have been harassed in securing information for their constituents. Since March 
 4th, 1877, Democratic Congresses have voted $117,493,000 for the payment of 
 pensions ; of this sum $25,500,000 has been voted to pay arrears of pensions. In 
 1876 employees of the Republican Congressional Committee were borne on the 
 rolls of the Pension Bureau, but did no work there. 
 
 AN INVESTIGATION OP THE PENSION BUREAU. 
 
 At the last session of Congress the abuses in the Pension Bureau had increased 
 to such an unusual degree, complaints of delays in the settlement of pensions were 
 
468 FEAX7DS IN THE PENSION OFFICE. 
 
 SO frequent and universal, that the House determinea to take official cognizance 
 of the matter. On the 12th of January, 1880, Mr. Harmer, Republican, introduced 
 the following preamble and resolution in the House : 
 
 Whereas, it is a matter of public record that soldier's claims for pension to the number of two 
 hundred thousand are now pending in the Pension Office and unsettled ; and whereas, it is alleged 
 that bounty and back pay, due under existing law to soldiers who have served in the armies of the 
 United States, are due and unpaid; therefore, 
 
 Resolved by the House of Representatives of the United States of America, That a committee of 
 seven members of this House be appointed by the Speaker, whose duty it shall be to examine and 
 inquire into the method and manner of the payment of pensions, arrears of pensions, bounty, and 
 back pay, and to ascertain whether any irregularities exist in the payment of the same: and the 
 said committee shall have further power to investigate any subject of complaint that may be lodged 
 with them concerning the payment, rejection, or suspension of pensions, bounty, ana back pay; 
 to examine witnesses, to send for persons and papers, to employ a clerk, and to report the result 
 of said investigation to this House, with a view to the enactment of such additional legislation as 
 may correct existing defects and as may be deemed necessary to protect the pensioners and soldiers 
 of the government fn their rights. 
 
 And be it further Resolved, That the expenses of the said committee shall be paid out of the 
 contingent fund of the House upon vouchers signed by the chairman of the said committee. 
 
 The resolution was promptly adopted, and the Speaker appointed A. H. Coff- 
 roth of Pennsylvania, George W. Geddes of Ohio, W. R. Myers of Indiana,. 
 Benton McMillin of Tennessee, A. C, Harmer of Pennsylvania, Lucien B. Cas- 
 well of Wisconsin, J. R. Thomas of Illinois, as the committee. 
 
 The investigation made by the committee proves beyond question that the 
 present administration of the Pension Bureau is solely responsible for the grievous 
 delays that pensioners suffer in securing action upon their cases. The Democratic 
 House has been most liberal in dealing with the soldiers of the late war. It 
 has not alone given the Union soldiers increases and arrearages of pensions but 
 it has furnished the Commissioner of Pensions with every facility for the speedy 
 transaction of business in his bureau. 
 
 After the Arrearages Pension Act was passed Congress promptly made au addi- 
 ional appropriation for an increase of clerical force. To-day the number of 
 employees in the bureau proper is 590. On the 30th of June, 1879, there were 364 
 clerks in the office, independent of laborers, mechanics and engineers. 
 
 With a largely increased force the work of the office has steadily fallen behind. 
 The number of applications for pensions has, it is true, largely increased, but the 
 Commissioner has so organized the work of the office that there are duplications 
 and delays innumerable. 
 
 The investigating committee had no opportunity to make a report at the last 
 session of Congress, and a large portion of the evidence taken has not yet been 
 printed. Mr. Bentley, the Commissioner, first appeared before the committee 
 and made a long statement about the work of his office. The main purpose of 
 his testimony seemed to be to show what a large increase of cases there had been 
 since 1877, and to impress the committee with the idea that there was no possible 
 method by which the business of the office could be quickened. According to a 
 table prepared by the Commissioner, there have been filed and allowed from 1862 
 to January 31, 1880, excluding claims for increase, arrears and bounty claims, 
 pension claims as follows: Applications filed: Invalids and widows, 608,511; 
 navy, invalids and widows, 9,918 ; war of 1812, 73,342. 
 
 Of the total of 608,511 applications filed from the army, 347,127 were allowed. 
 Of the total of 9,918 navy applications filed, 6,796 were allowed, and of the 
 73,342 applications from survivors and their relatives of the war of 1812, 68,974 
 were allowed. 
 
 BEFORE THE PENSION BUREAU BECAME A POLITICAL MACHINE. 
 
 For the purpose of comparing the work done in the bureau, when there were 
 no political influences at work, with the administration of the office at the present 
 
FRAUDS IN THE PENSION OFEICE. 469 
 
 time, the class of pensioners known as invalids have been selected. In 1866, 32,645 
 invalid claims were allowed. There were then 175 clerks in the bureau. There 
 are now 590 employees in the otSce, and from June 30, 1879, to February 1, 1880, 
 three-fourths of the fiscal year, only 3,332 invalid claims had been allowed. The 
 number of applications filed during that time for invalid pensions was 50,938, 
 while the total number of such applications filed in 1866 was 35,799. In 1866 the 
 bureau did not possess the facilities for quick transaction of business that it 
 now does. 
 
 SINCE IT BECAME A POLITICAL MACHINE. 
 
 Since 1875 the work of the Pension Office has been constantly falling behind. 
 In June, 1875, according to the testimony of Mr. Bentley, the pending claims 
 were 73,795 ; on June 30, 1876, 88,973 ; June 30, 1877, 91,444 ; June 30, 1878, 
 120,387 ; June 30, 1879, 184,709. This included 48,064 claims for arrears from 
 old peasioners. On the 1st of February, 1880, there was an aggregate of 
 269,178 claims pending. Mr. Bentley said that 64,000 of these claims were in 
 the rejected files, and of that number 25,000 were dead cases. The rejected 
 cases, with the exception of 25,000, however, are yet alive, and can be reopened, 
 jso they properly belong in the class of pending cases. During all the time that 
 these cases were accumulating. Congress was increasing the clerical force of the 
 ofllce. Instead of devoting this force to the pension work proper, Mr. Bentley 
 was inventing a new system for doing the work. Hundreds of thousands of 
 names had to be copied, lists revised, etc., and the work was not finished until 
 the end of the last fiscal year. He made nine divisions for work, and employed 
 nine chiefs of divisions, and did away with some of the old time distinctions. 
 These chiefs of divisions have from twenty to fifty men underneath them. 
 Although Mr. Bentley has a high opinion of his new system, the practical 
 results of its operations do not seem to be successful. 
 
 The following extract from Mr. Bentley's examination will show the length of 
 time necessary to obtain a pension : 
 
 Mr. Harmer : Is it not very exceptional for cases to be reached within a year from the date of 
 application ? A. There are a great many more cases pending longer than a year than there are 
 cases settled within a year from the date of application. There are many cases pending six or 
 seven years. 
 
 Mr. Harmer : So few cases have come under my notice that have been settled within one year 
 or even within two years from the date of application, that I am led to make these inquiries. 
 
 Mr. Thomas : And yet there are cases that have been settled in much less time. I have 
 knowledge of one that has been settled within four months from the date of application. A. That 
 is certainly exceptional. 
 
 FAVORITISM IN THE PENSION OFFICE, 
 
 It is charged that gross favoritism has been shown certain pensioners of 
 influence, and members of Congress who are especial friends of the Com- 
 missioner. 
 
 One instance of this kind in particular was brought to light in the testimony 
 of Charles King, Esq., an attorney of this city. William P. Copeland, a "Wash- 
 ington lobbyist, applied for arrearages of pensions. Mr. King testified in rela- 
 tion to his case as follows : 
 
 When Mr. Copeland made his affidavit, he said he thought himself entitled to a pension, and de- 
 scribed his disability ; and after he described it, I told him I thought he was entitled to a pension 
 of from $3 to $4 a month. I asked him the effect that it had upon his capacity for business. He 
 said it had obliged him to abandon his business, and he had taken up the busmess of journalism. 
 "And," said he, " I would like to get that pension immediately, for I am going to California to 
 represent several newspapers, and I wish there was some way to hurry it through so that I might 
 get the money to use." I told him we had refused for several years to go to the Pension Office to ask 
 any favor in any case, but that if any public man would go for him, to represent his interests, or if 
 he would himself go to the commissioner and represent the urgency of his case, perhaps the com- 
 missioner wo'ild do something for him. He said he would try it. We made out his apulication, 
 and he took it up. lie called on us a day or two or perhaps a week, afterwards, and said that the 
 
470 FRAUDS I^q- THE PEXSION OFFICE. 
 
 arrangement was all made, and the case would be made " epecial." We filed that application on? 
 the 10th of July, 1879, and in just sevent5'-fiv.e days from that time the pension was allowed to him, 
 and he drew nearly ^400. He was a man in no distress whatever for the money, but it wa? a matter 
 of convenience for him, and he said that he would be very much obliged to us if we would put him 
 in the way of hastening it, 
 
 Mr. Geddes : So far as you know, what were the influences brought to bear to bring about that 
 speedy allowance ? 
 
 The witness : I do not know ; only it was suggested to him by me that, being a newspaper man, 
 it was probable that he would have considerable influence in that office. Said I, " I see no other 
 way." 
 
 The Chairman : Why should he have special influence because he was a newspaper man ? 
 
 The witness : I have* noticed for several years back a great deal of what I call trash and stuff, 
 eulogizing the Pension Office and its management, and every little while there would be a flaming 
 statement that Commissioner Bentley had discovered frauds here and there ; that Commissioner 
 Bentley had ascertained that the claim agents were doing this, that, and the other thing ; a con- 
 stant tissue of this sort of twaddle has been going out from here for at least three years. 
 
 Mr. Geddes : When you made that suggestion, did Copeland say he would use the means you 
 suggested, or did he tell j'ou afterwards that he had done so ? 
 
 The witness : He said he would act upon the suffgestion, and subsequently told me that he had 
 acted upon it, and that the matter was all right, and that he would soon get his pension. 
 
 The Chairman : Do you know whether he wrote any flaming articles, such as you described ? 
 
 The witness : I do not know who does write that literary trash, and never have known. 
 
 Other cases where favoritism had been shown were brought to the attention of 
 the committee. 
 
 THE EX PAKTE INVESTTGATTON SYSTEM. 
 
 One of the most glaring evils of the present pension system is the practice of 
 employing spies or special agents to investigate pension cases after allowances 
 have been made. The wrong is not in making the investigations, but in the man- 
 ner of conducting them. Certain clerks are detailed by the commissioner of 
 pensions to investigate suspicious cases. Sometimes the enemy of a pensioner- 
 writes to the bureau that the said pensioner obtained his pension by fraud. The 
 spy of the bureau goes to the informer secretly, and obtains from him all the 
 hearsay information he possesses. The spy is then directed to other enemies of 
 the unsuspecting pensioner, who in turn give him their suspicions. The object 
 of the investigation knows nothing of the inquiry in progress; He is not allowed 
 to appear in his own defense. The spy measures his success in the business by 
 the number of fraudulent pensioners he discovers, and the consequence is that he 
 reports every man guilty until he is proven innocent. The first information the 
 pensioner has of the occurrence is notification that his name has been dropped 
 from the pension rolls. If he is able immediately to establish his innocence two 
 or three years may elapse before he can get his name upon the rolls again. 
 
 George M. Yan Buren, ex-pension agent in New York City, in his testimony 
 
 said : 
 
 The special agents are as a class a low order of spies. They feel that the more cases they can 
 report, the better their standing with the department, and they become spies, informers, tricksters, 
 persecutors and prosecutors. Generally they look only to find those who will report against the 
 claimant and get the credit of stopping the pension. One of the worst of these examples was 
 found in Western North Carolina, where a specinl agent was sent who filled out such affidavits as 
 he wanted and then hunted up witnesses to make them, often reading only a part of the affidavit (I 
 wish this statement to be taken as made, not of my own knowledge, but upon information). In 
 this case a whole host of pensions was stopped, and the department, finding they could not stand 
 the odium of such a man, discharged him, giving as a reason that he charged in his vouchers $3 per 
 day paid for the use of a horse, when in fact he paid but fiftv cents. Another agent was sent 
 after him and reported these facts as I have stated to the Pension Office, but, strange as it may seem, 
 these pensioners are still suspended." 
 
 Mr. Bentley does not approve of the monstrous ex pm^ law enacted by the 
 
 Republican administration. He alluded to it before the committee as follows : 
 
 This system is conducted now on a somewhat different basis from that on which it was started. 
 Originally the system was that an agent went out, took a case, and played the part of a detective. 
 That was his business. He made his reputation by trying how many pensioners' heads he could cut 
 pff. He did not report evidence. He simply reported what results he found. He wrote down 
 that such and such was the case and sent it in, and on that report the pensioners were dropped from 
 the rolls. In later years it was changed, so that all the evidence was required to be taken by affi- 
 davit and sent into the office. That is the system now. There is another thing. Without con- 
 demning myself or any of my predecessors as beang politicians, or using these officers for political 
 purposes, I desire to call attention to the fact that the system is peculiarly open to that abuse. I 
 might go on and name many other grounds upon which such a system is peculiarly open to- 
 
FRAUDS IX THE PENSION OFFICE. 47 1 
 
 abuse. ************* 
 
 I have known caBes where they went so far after they had been detailed as to be caught in some 
 political engineering, but I believe none of those men went out a second ticie. 
 
 Mr. Geddes : On demanding money for a fayorable report ? 
 
 Mr. Bentley : Well, I hear many allegations made against agents. I have a case now in my mind 
 where very serious allegations are made against an agent whom I have believed to be one of my 
 best and most eflScient men. Whether the allegations are true or false I do not know, but I mean 
 to find out. I have no knowledge of charges of bribery. 
 
 Mr Harmer : I have now on my files a number of cases in which great injustice has been done, 
 to which. I shall call the commissioner's attention at a proper time. 
 
 DROPPING PENSIONERS FROM ROLLS WITHOUT NOTICF. 
 
 Commissioner Bentley has plainly violated one provision of t lie statutes in his 
 management of the Pension Office. He has dropped men from the pension rolls 
 without givin(]j notice to the pensioner and without hearing sworn testimony. The 
 chairman of the committee, prior to the investigation, held a consultation with the 
 commissioner, and pointed out to him wherein he thought he was exceeding his 
 powers. The following testimony was taken upon this point : 
 
 Q. Then under the present rule, adopted since the conversation with the chairman of this com- 
 mittee to which you have referred, there are no cases in which parties have been dropped from the 
 rolls without notice ? A. Yes, there are some. There are all these cases that are included within 
 the provisions of section 4719; but no names are now dropped from the rolls, in cases where the Pen- 
 sion Bureau takes aggressive steps to drop them, without giving notice to the claimant ; and except 
 in cases that were dropped on the certificate of an examining surgeon, there have been no such in- 
 stances for several years. 
 
 The Chairman : I will state the position which I took in my consultation with you with refer- 
 ence to that section of the statute. It was, that where you had notice that a certain party was 
 drawing a pension who was not entitled to it, you were obliged to have a sworn statement of the 
 facts alleged before an examination could be ordered, and that the statement or statements would 
 have to be under oath, all except the certificate of the surgeon, he being by law presumed to be act- 
 ing under oath. 
 
 Mr. Bentley : If you state that as your interpretation of my power and my duty under the law, 
 I must beg leave respectfully to disagree with you, because I don't think you are correct. I think 
 that I may order any invalid pensioner on the roll to go and be examined, without having any alle- 
 gations against him at all. 
 
 The Chairman : Yes, but I do not refer to cases of that kind. I mean cases where the order 
 for the examination results from allegations or charges made by somebody, and what I contend is 
 that those allegations or charges must be under oath. 
 
 Mr, Bentley : I do not agree with you in that. I think that I may or may not require the pre- 
 liminary statement to be under oath, as I please. The mere ordering of an examination is one 
 thing ; the taking of aggressive steps after the examination has been made is quite a different 
 thing. I do not tnink it is necessary under the law that preliminary statements made to me shall 
 be under oath. 
 
 The Chairman : But how do you get around the provision of the statute that " in no case shall 
 a pension be withdrawn or reduced except upon notice to the pensioner and a hearing upon sworn 
 testimony." 
 
 Mr. Bentlev : I do not withdraw or reduce until after the examination— never before. 
 
 The Chairman : Then the act of Congress is made void by your interpretation, because /could 
 write a letter stating that a man was not entitled to a pension, and, upon that statement, you could 
 order him to be examined. 
 
 Mr. Bentley: I could., but perhaps I would not. 
 
 ABUSES IN THE PENSION OFFICE. 
 
 Nathan W. Fitzgerald, formerly general clerk of the Pension Office in Indian- 
 apolis, and at present claim agent in Washington, gave the committee the benefit 
 of his experience in the Pension Office. Mr. Fitzgerald and indeed every witness 
 examined by the committee were Republicans. Ko political bias can be attrib- 
 uted to his testimony. He had 25,000 pension claims pending in his office at the 
 time. He said : 
 
 For the last two or two and a half years I have noticed a very considerable increase of the delay 
 in adjusting claims beyond what occurred prior to that time. About two years ago, I believe, the 
 commissioner notified Congress that he did not require any more clerical assistance at that time, so 
 that I suppose the delay has arisen not from the lack of clerical force, but because of the Commis- 
 sioner's desire to institute another line of examination and procedure in the matter of pension 
 cases. 
 
 By Mr. Geddes : Q. From your own personal knowledge, to what do yon attribute the delaj's in 
 the Pension Bureau ? A. I attribute the delay at present to alack of clerical force and to the want 
 of a proper organization of the oflice. From my knowledge of the mode in which the business has 
 been conducted, I do not believe that the office is properly organized ; I do not think it is organ- 
 ized, for instance, on the basis on which a private individual would conduct a business of that kind 
 so as to get the most out of it and to obtain the greatest amount of labor for the number of persons 
 employed ; I think there is a very great fault in the organization of the Pension Office in that re- 
 spect. 
 
 Q. Do you know of any changes that have been made by the Commissioner which have corrected 
 
472 FRAUDS IX THE TEXSIOX OFFICE. 
 
 that condition of affairs ? A. I do not. With the permission of the committee I will state a matter 
 which will show you the want of system in that office. Within the last four or five months I have 
 received duplicate, sometimes triplicate, and sometimes quadruplicate letters from the Tension Office 
 containing the very same matter exactly. For instance, I file a claim for a pension ; shortly after- 
 wards I receive notice from the offlee that the claim has been received and placed on the files and 
 given a certain number ; then in the course of two or three weeks along comes another letter giv- 
 ing the same notice exactly ; that causes me to set my clerks at work to search my files for the case, 
 and then I discover that I have already one such notice on file and that this is a duplicate. Such 
 cases have often occurred, and even triplicate notices are C[uite frequent. 
 
 Q. To what do you attribute these repeated communications containing the same substance ? 
 A. It seems to me that if I conducted my business in that way it would indicate a lack of manage- 
 ment ; if I managed my business in such a way as to have my clerks do the same work over again 
 two or three times, I should think there was a waste of material and a lack of system. 
 
 Q. Do those notices in every case come from the same branch of the office ? A. Yes, sir ; from 
 the same branch. 
 
 THE INTERMINABLE DELAYS. 
 
 Mr. Fitzgerald testified that generally six months or a year elapsed after evi- 
 dence is filed in a given case before any answer or communication is received in 
 reply from the Pension Oflice. 
 
 Q. Can you state whether, in his rulings upon the law and the evidence, the commissioner is 
 liberal toward the applicant and the pensioner, or whether he rules always against them ? A. I 
 know that in my practice in every case to which I have given my personal attention rejections are 
 made on technicalities of cases which a liberal ruling— that is, a just and equitable ruling — would 
 pass, I have had a great many cases rejected where the office seemed to be sorry for its action after- 
 Avards, because they have often taken up such cases and allowed them afterwards without my call- 
 ing them up again at all. 
 
 The witness then explained the difficulties under which pensioners suffer in 
 securing their claims, through the severity of the Pension Office. Circumstances 
 frequently occur to prevent a claimant from obtaining proof of treatment in- the 
 service for a wound or disease, owing to death or absence of the surgeon, although 
 the claimant's old comrades and officers testify that the man vras wounded or dis- 
 eased, he seldom has the good fortune to secure a pension. In the witnesses' prac- 
 tice the number of cases at first rejected by the Pension Bureau, and afterwards 
 granted without request, is so .arge that he does not remove rejected cases from 
 the files of his office ; expecting, like Micawber, that one day or another something 
 will turn up. The average time for settlement of his claims exceeds two years. 
 The testimony of Mr. Fitzgerald on the subject of dropping pensioners from the 
 rolls without notification contrasts severely with the testimony of the Commissioner 
 on that point. 
 
 Mr. Harmer : Q. Do I understand you to say that a number of your clients who had been placed 
 on the pension roll have been dropped on the report of special agents? A. Yes, sir, some of them: 
 I cannot tell just how many. 
 
 Q. In how many of those cases were the pensioners notified and given an oi)portunity to file tes- 
 timony in their defense? A. I do not know of any such case. 
 
 FALSE RATING OF DISABILITY. 
 
 One of the greatest abuses in the pension system is the way in which pensioners 
 are rated according to the extent of their disability. A sample is as follows : Henry 
 A. Smith, pension $4 per month from June 15, 1864, to June G, 186C; $8 yer month 
 from June, 1866, to January, 1879, and $18 per month from January, 1879, on. 
 The pensioner's disability was the same from 1864 to the present time. Mr. Fitz- 
 gerald submitted thirty-two glaring cases of this unjust and Inexcusable rating of 
 certain favored pensioners! Another abuse complained of is the authority exer- 
 cised by the Commissioner to change ratings. If Brown comes before a board of 
 surgeons in New York, is examined and rated by the board to receive a pension of 
 $8 per month, the Commissioner, on the authority of the medical referee in Wash- 
 ington, who knows nothing of the case, can rate the man $4 per month. These 
 instances are of frequent occurrence. Ex-Pension Agent Van Buren, in his te"*' 
 mony on this point, says : 
 
 NO LAW OR JUSTICE FOR IT. 
 The surgeons— old army surgeons, three of them -exammc a man, and they five hini a three- 
 
FRAUDS IN THE PENSION OFFICE. 473 
 
 fourths or total i>cnsion, and, upon review, the Pension Office issues him a certiftcatc for a one-f oarth 
 or one-half pension, virtually stealing the balance. There is no more Jaw, justice or authority for 
 this than for the President approving a bill for $25,000 after its passage for $100,000, and the com- 
 mittee should draw articles of impeachment at once in the case. No monarch could exercise more 
 complete sway than the Commissioner of Pensions. The entire weal or woe of these thousands of 
 poor pensioners rests upon his mere ipse dixit. I submit that the law gives the President a right 
 to approve or to disapprove a bill, and the Commissioner to approve or to disapprove of a rating of 
 a board of surgeons; but right here comes in the devilishness of the scheme; while he does neither 
 approve nor disapprove, he stabs in the dark. (I do not mean personally, but I mean that the de- 
 partment takes the man entirely in the dark.) He throws aside the rating of the surgeon, and his 
 medical referee, who never saw the applicant, gives him his own rating, and the certificate is issued 
 giving a pensioner a pension of $2 a month when he feels that he should receive $8 per month, and 
 he knows he is unjustly dealt by; that a species of lynch-law has been enacted towards him, but 
 can't tell where, and hence no appeal, and he curses the government ho strove so earnestly to save. 
 Do you ask how I know this? I say I have seen and heard boards of surgeons give these ratings, 
 and then have seen the certificates come back at these lesser rates. 
 
 AN expert's testimony. 
 
 Mr. Van Buren is familiar with all the workings of the Pension Oflace. He says 
 that he believes the whole struggle in the Pension Bureau is to find work for the 
 clerks, and not allow pensions. He says : 
 
 Now, in my opinion it is very slow work for an office where there are five or six hundred clerks 
 to issue only 3,360 pension original invalid claims in seven months, although the arrears might 
 have interfered. From the 13th of January to the 26th of February there were only 900 original 
 pension claims of invalids issued; not, in niy opinion, because they could not be issued, but because 
 the commissioner dare not issue them. 
 
 Q. Why d.ire he not issue them? A. Because he has no money to pay them. 
 
 Q. Has Congress refused to give appropriations for the payment of pensions? A. The Commis- 
 sioner of Pensions, a year ago or thereabouts, when Congress asked him if he needed any more 
 clerical force, replied that he did not; and I think he did. 
 
 Q. That is not an answer to my (question. I ask you if Congress has ever refused to make ap- 
 propriations for the payment of pensions? A. I do not think so. 
 
 PRESIDENTIAL POLITICS IN THE PENSION BUREAU. 
 
 Q. Then why dare not the Commissioner issue these pensions, and why would he not have the 
 money ? A. He does not ask for it. In my opinion —that is, a political opinion. 
 
 By Mr. Geddes : O. But why would the Commissioner feel a personal or official interest in keep- 
 ing back cases; simply because of the amount of money that would be required to pay them if al- 
 lowed ? A. Because I do not think the Treasury Department wishes that that should be the case. 
 I think that Mr. Sherman does not want to have so many million dollars turned out of the treas- 
 ury; and in mjr opinion that is the difficulty and the reason why this money is not called for. But 
 I believe that if called to the notice of the President they would be paid, as he was a soldier and is 
 in sympathy with them. Now it takes thirty and odd million dollars to pay the regular pensions 
 for the next year, the cases now on the roll ; and for every one thousand pensioners that are put on 
 the roll the first payment alone will take a million dollars, so that if 20,000 are put on the roll, next 
 year it will take $20,000,000 to make the first payment in addition to the thirty or thirty-three mil- 
 lion dollars required to pay these regular pensioners; it will take a million dollars for every one 
 thousand cases that he puts upon the roll, and if he issues 40,000 cases it will take $40,000,000 to 
 pay them, and Mr. Sherman will not be able to report what he would like to report until after 
 the next campaign. 
 
 Q. What he would like to report is a decrease in the public debt. I suppose? A. And so forth. 
 I will say that I am a radical Republican and do not want to interfere with the party in any way. 
 I am a Grant man, and have always been so. I have the figures here by which I can give you the 
 number of invalid pensions that have been issued up to certain dates. On the 14th of June last 
 there were 160,771 ; on the 15th of January, seven months and a day later, 164,130 ; on the 26th of 
 February, 165,038; on the 19th of March, 165,673; from February 28th to March 19th there were a 
 little over 600 cases. 
 
 Q. Have you in your mind any other reason why the Commissioner in his official or his personal 
 capacity would be biased toward withholding the allowance of cases ? 
 
 ** ** ie if if if if if :f. if ^i if 
 
 The witness : Well; I believe that the whole system for the last couple of years has been aiming 
 toward centralization, the one-man power, if you choose to say it, in the Pension Office ; I believe 
 the rulings in the action of the Pension Office have been made so that the Commissioner 
 could have the entire control and management of the pensioners throughout the. aountry in his 
 own hands. 
 
 Q. Do you know any other reason or motive for these delays which you say occur in the settle- 
 ment of pension claims ? A. I think the Commissioner of Pensions or the Bureau should act as a 
 judge in these cases. The practice, for the last few years particularly, has been for him to act as a 
 prosecuting attorney and as a strong defendant in these cases, seeking not to do justice to the pen- 
 sioner, but to defeat every claim by any possible means. That nas been the practice in my 
 opinion. 
 
 ONE SPECIAL CASE — A SAMPLE ONE. 
 
 Mr. Van Buren knew one case of favoritism exercised by the Commissioner at 
 
 the expense of some poor soldier. 
 
 O. Do you know of any cases made special unless the claimant was sick or CTeatly impoverished? 
 A. General Graham, Surveyor of the Port of New York, whom I met in the Pension Office draw- 
 ing a good many hundreds of dollars, told me that his case had been made special, and I think he 
 
474 FliAUDS IN Tllltl PEXSION OFFICE. 
 
 said that within eix weeks he got his pension. I know that he asked me about it, and he had made 
 the claim for a pension only a very short time before. 
 
 Q. Bo you know anything about liis condition or his embarrassments ? A. He is getting $6,000 
 or $8,000 a year as Surveyor of the Port of New York. 
 
 Q. Do you know on whose request his case was made special ? A. I do not. 
 
 Q. Can you name any other case ? A. I do not know that I could name any other case now; if I 
 were in New York I think I could, 
 
 PENSION ATTORNEYS. 
 
 There are about 16,000 persons practicing before the Pension Bureau, and 
 
 styling themselves "pension attorneys." A great majority of this number are 
 
 claim agents. Charles King, Esq. , in his testimony before the committee, swore 
 
 that three-fourths of the pension business of the country is clone by 100 men, and 
 
 the attorneys residing in Washington have probably 100,000 of the 240,000 live 
 
 cases before the bureau. According to Mr. King's estimate there are several 
 
 thousand attorneys having from one to three or five cases each. 
 
 "Now," said Mr. King, "if this is even approximately true, it seems to be perfectly apparent 
 that the Pension Office is contending with a mass of incompetency and ignorance that, to me, 
 would be utterly appalling. If I were commissioner I should ^et on my knees and pray (Congress 
 to give me some relief, and I am not at all surprised at the condition In which the office is said to 
 be by the officials who have it in charge. But my position is that the failure is in not making a 
 
 {)roper selection of persons to do businees with the office, and in my judgment the Commissioner 
 lae full power to do that under the advice of the Secretary of the Interior and the President of 
 the United States, to both of whom he can appeal under the law." 
 
 It is an undoubted fact that the Commissioner, by allowing irresponsible per- 
 sons to practice the claim business in liis ofRce, has retarded the work of the 
 bureau, and in many instances injured the claims of applicants for pensions. 
 Pensioners can understand how many of their claims come to be rejected by the 
 following sample. This communication was sent to Mr. King from the Pension 
 Office: 
 
 Yon are hereby informed that claim No. 225,4.54, of John Friend, as guardian of the minors of 
 Elias Friend, is rejected on the ground that the disease, consumption, of which the soldier died, 
 was not contracted in the United States service. 
 
 That notification did not inform the attorney of the precise difficulties supposed 
 to exist in the case. He had no means of knowing whether the office had evi- 
 dence that consumption existed in the man at the time of his enlistment, or 
 whether consumption was contracted by carelessness on liis part, or whether the 
 disease originated after liis discharge from the army. These points are important, 
 as the man might be able to give an explanation which would show him to be 
 entitled to receive a pension. 
 
 THE PENSION OFFICE DEFINITION OP LOYALTY. 
 
 Loyal people who resided in the Southern states during the war have had great 
 difficulty in obtaining pensions and settling bounty land claims. The Union 
 soldier who left his home to fight the battles of his country has often suffered 
 greatly because of the severe ruling of the Department. Circulars liave been 
 issued from the Pension Office from time to time declaring that in proving loy- 
 alty, both in invalid and widows' cases, where loyalty is necessary to be proven, 
 it must be shown whether the applicant paid taxes io or in any other manner 
 aided or abetted the Confederate cause. Such a test of loyalty was never heard 
 of. Men may be disloyal to this government and yet pay taxes to it. A Union 
 soldier owning property in the South may have left his wife upon his farm. 
 Unless she paid taxes licr sole means of support might be taken from her. If she 
 did pay the taxes, and her husband was killed in the Union army, she could not 
 obtain a pension on his account. 
 
 CHIEFS OP DIVISIONS CONTRADICT THE COMMISSIONER. 
 
 The committee examined the nine chiefs of divisions in the Pension Office as 
 
FBAUDS IN THE PENSION OFFICE. 475 
 
 to their duties. It will be remembered that the Commissioner said that he did 
 not desire an increase of his clerical force; that such an increase would not facili- 
 tate the work of the office. Each of the chiefs of divisions swore that an in- 
 creased number of clerks would assist materially in pushing forward their work. 
 Mr. Bentley was contradicted by his own subordinates, who should have had 
 more politeness. A number of witnesses appeared before the committee who 
 declared that they had been dropped from the rolls without notification. Others 
 testified that they could not obtain from the Bureau the reasons why their appli- 
 cations were rejected. Still others declared that they had been refused informa- 
 tion about cases when they applied personally. The investigation showed that 
 the office is mismanaged; that its business is not conducted for the benefit of the 
 soldier and sailor, but to promote the political aspirations of certain Republican 
 office-holders. In fact, the Union soldiers need only read the record evidence of 
 this investigation to be convinced that a change of administration is needed to 
 give them the tardy justice th^y have been so vainly striving to obtain under 
 Republican rule. 
 
41 Q FRAUDS IN THE DEPARTMENT OF JUSTICE. 
 
 FMUDS m THE DEPARTMENT OF JUSTICE. 
 
 WHAT IT COST THE TAXPAYERS TO SUPPLY LUXURIES FOR 
 REPUBLICAN ATTORNEYS-GENERAL. 
 
 FREE RIDES, FBEE TICKETS, FREE LITERATURE AND OTHER CONTINGENT EX- 
 PENSES OF THE DEPARTMENT OF JUSTICE. 
 
 In the good old days, before the Republican party got possession of the govern- 
 ment, a Cabinet officer would have been shocked at the suggestion that his ex- 
 penses for carriage hire, novel reading, visiting cards, trips to Long Branch, and 
 the like, could be legally charged in his account against the United States. 
 
 In the opinion of Democratic Cabinet ministers this would have been as gross 
 an abuse of law and decency as to charge the government with their clothing and 
 board. The plan of assessing the government for expensive pleasure excursions, 
 costly equipages, tapestry, carpets for private dwellings, and servants in livery, 
 whose names were borne on the pay-rolls as messengers, was inaugurated by the 
 Rev. James Harlan, a Republican Secretary of the Interior. 
 
 There was something in this idea of ease and luxury at the public expense that 
 commended itself to other departments, and it has been fashionable in Repub- 
 lican administrations ever since, and especially so during those of Grant and 
 Hayes. 
 
 The Attorney-General, and latterly tJie Department of Jtistice, have been con- 
 spicuous for abuses of this kind. 
 
 Taking the Attorney-General's office for a period commencing June, 1875, and 
 ending the same month in 1879, and we find the following aggregate cost, year 
 by year, for a few only of the unnecessary items of luxury purchased, and a few 
 only of the vast number of the contingent expenses of that office. 
 
 This statement is taken from the official reports of the Attorney-General cover- 
 ing the period named. It should be remembered that the money so expended 
 came out of the pockets of the taxpayers of the United States. 
 
 REPORT OF 1875. 
 
 THE OFFICIAL CARRIAGE. 
 
 Salary of driver of Department carriage .i.. $840 00 
 
 Livery (3) horses 903 00 
 
 Horseshoeing 101 00 
 
 Medical attendance 2 00 
 
 ■Carriage repairs ; 399 63 
 
 Harness and repairs 178 62 
 
 $2,424 26 
 
 Street-car tickets 59 70 
 
 Partisan Newspaper subscriptions paid for bt the taxpayers 64 00 
 
 laTEBATURE 59 25 
 
FBAUDS IN THE DEPABTMENT OF JUSTICE. 417 
 
 MISCELLANEOUS. 
 
 Washing towels $165 14 
 
 Hack hire 4 50 
 
 Portrait Attorney-General Ackerman 500 00 
 
 Visitine cards 2 00 
 
 Trip to Long Branch , , . 138 59 
 
 $810 23 
 
 Summary $3,417 4a 
 
 REPORT OF 1876. 
 
 THE OFFICIAL CARKIAQK. 
 
 Drivef of l^epartmcnt carriage $787 11 
 
 Livery (3) horses , 912 50 
 
 Horseshoeing 72 25 
 
 Repairing carriages. 293 79 
 
 Harness ; 102 00 
 
 New carriage 650 00 
 
 $2,817 65 
 
 Street-car tickets 72 07 
 
 Partisan Newspapers paid for bt the taxpatxrb ., 73 75 
 
 Literature 116 50> 
 
 MI8C ELL ANE0U8. 
 
 Two tripe to Long Brattch. • i < , . • 53 29 
 
 Re-upholstering 1 sofa and 7 chairs 100 00 
 
 J. W. McKnight, of the Feather Dusting' Legislature, % chamois skin 500 
 
 2 pairs gloves 6 00- 
 
 2,000 visiting cards (Mrs. Taf t) : 12 00 
 
 80 packs do. do. do. and printing 60 00 
 
 Portrait Attorney-Gen. Taft 750 00 
 
 do. Judge CliflEord 456 00 
 
 Electric bell : , 40 00 
 
 One rep couch , 30 oO 
 
 Washing towels i •. .i ..... r 340 43 
 
 $1,852 72 
 
 Summary $4,932 69 
 
 REPORT OF 1877. 
 
 THE OFFICIAL CARRIAGE. 
 
 Salary of driver of Department carriage i < 1 1 ....... . $840 00 
 
 Livery (2) horses 688 33 
 
 Medicine , 1 75 
 
 Hire of Horse 18 GO 
 
 Purchase of new horse; 300 00 
 
 Horseshoeing 85 13 
 
 New carriage , 600 00 
 
 New harness , 103 00 
 
 Repair of carriage 186 30 
 
 $2,822 51 
 
 Street-car tickets 52 10 
 
 Partisan Newspaper subsciuptions paid for by the taxpayers 95 75 
 
 Literature:— 
 
 Life of Prince Consort $2 00 
 
 Life of Marie Antoniette 2 60 
 
 Life of Seward 5 20 
 
 North American Review 5 00 
 
 British Quarterly 7 50 
 
 $22 20 
 
 MISCELLANEOUS. 
 
 Washing towels. .........•••>>> 1 1 . « i $144 00 
 
 Milk 25 
 
 Carpets, &c 83 25 
 
 Trip TO Long Branch 43 00 
 
 Portrait oi Attorney-General Pierrepont 1,305 00 
 
 Frame 35 00 
 
 Cloralum ,...,, , , . , 50 
 
 1,611 00 
 
 Summary $4,603 5& 
 
478 
 
 FRAUDS IN THE DEPARTMENT OF JUSTICE. 
 
 REPORT OF 1878. 
 
 THE OFFICIAL CARRIAGE. 
 
 Salary of driver of Department carriage ; . , $940 00 
 
 Livery (.3) horsee 714 15 
 
 Horseshoeing 98 85 
 
 Carriage repairs 22180 
 
 Harness and repairs 84 75 
 
 Horse purchased 335 00 
 
 $2,394 55 
 
 Street-car tickets 81 29 
 
 Partisan Newspaper subscriptions paid por bt the taxpatsbs : . . $102 00 
 
 MISCELLANEOUS. 
 
 Lounge - 25 00 
 
 Tapestry , 226 56 
 
 Summer trip Attorney-General to Colorado 184 65 
 
 Summer trip Attorney-General to Long Branch 39 75 
 
 Portrait Ex-Attorney-General Taft 750 00 
 
 Washing towels 182 40 
 
 ■ 1,408 36 
 
 Summar- $3,986 13 
 
 REPORT OF 1879. 
 
 THE OFFICIAL CARRIAGE. 
 
 Salary of driver of Department carriage $840 00 
 
 Livery (2) horses 556 84 
 
 Medical attendance on same 6 00 
 
 Horse hire 51 50 
 
 Purchase of two horses 525 00 
 
 Horseshoeing 79 50 
 
 New carriage 550 00 
 
 Repairs on carriage 286 41 
 
 Harness and repairs 185 15 
 
 Two whips 2 00 
 
 3,072 40 
 
 Street car tickets . 150 50 
 
 Partisan Newspaper subscriptions paid i-or bt the taxpayers 93 35 
 
 Literature 158 25 
 
 MISCELLANEOUS. 
 
 Sweeping office • . . • . . • • 240 00 
 
 Trips to Long Branch and^New York 1,103 77 
 
 Trips to Huntsville 92 75 
 
 Towels 14 50 
 
 Washing towels 2ft3 86 
 
 Sweetoil 100 
 
 Chlorine .... 1 00 
 
 Upholstering two sofas ,, 25 00 
 
 Feather dusters 7 00 
 
 Plectric bell 73 50 
 
 500 VISITING CARDS 7 50 
 
 One ream Cream Note 4 50 
 
 One SMYRNA RUG 18 00 
 
 One mat 10 50 
 
 One corkscrew 25 
 
 Two settees and chairs , Ill 00 
 
 Bookcases ,,,. ,, 369 00 
 
 2,283 13 
 
 Summary $5,762 63 
 
 RECAPITULATION. 
 
 TEAR. 
 
 WHEN REPORTED. 
 
 attornet-general. 
 
 AMOUNT. 
 
 1874 
 1875 
 1876 
 1877 
 1878 
 
 Reported 1875 
 1876 
 1877 
 1878 
 1879 
 
 Williams. 
 
 Pierrepont. 
 
 Taft. 
 
 Devens. 
 
 Devens. 
 
 $3,417 43 
 4,932 69 
 4,603 56 
 3,986 13 
 5,762 63 
 
 Total fo^ five years' luxuries for the Attorney-General's office, $23,702.44. 
 
FAVORITISM IN ENFORCEMENT OF JUDGMENTS. 479 
 
 LANDAULET WILLIAMS OUTDONE. 
 
 It will be observed that Landaulet "Williams, who has been so bitterly abused on 
 account of official extravagance in the matter of the purchase of a ** department 
 carriage," has been outdone by his successors. Pierrepont, for the same manner of 
 luxuries expended more than did Williams out of the department contingent fund. 
 Taft exceeded Pierrepont's expenditures in the same line, and the aristocratic 
 Devens has run the expenditures for the same items up to $5,762.63, as against 
 $3,417.43 expended in his last year by Williams. 
 
 This is but one of the many instances which show that Hayes' administration is 
 tainted with the same luxurious extravagance that made Grant's a reproach to the 
 country. 
 
 FAYORITISM IN ENFORCEMENT OF JUDGMENTS. 
 
 FAT TIMES FOR SPECIAL ASSISTANTS. 
 
 From the report of the Attorneys-General from June 30, 1874, to June 30, 1879, 
 it appears that the total amount of judgments obtained in the Federal courts in 
 
 civil and criminal causes was $16,516,580 33 
 
 and the total amount realized from collections 5, 599, 495 23 
 
 Balance uncollected _ $10,917,385 11 
 
 It also appears from the same reports from June 30, 1874, to June 30, 1879, 
 that the amount paid by the government on account of causes farmed out to special 
 assistant attorneys was $142,249.37. 
 
 Thus it will be seen that under Republican administration even the Federal 
 judiciary has become debauched, and judgments obtained for money due the 
 United States from its defaulting agents have been permitted to lapse through 
 political favoritism. It has been by such crooked practices in the courts of justice 
 held by political judges, whose judgments have been placed in the hands of poli- 
 ical strikers for execution, that during the few years referred to nearly eleven 
 million dollars have been suffered to go uncollected, in order that political favor- 
 ites, unworthy Federal officials in a large number of cases, might go scot free. 
 
 OFFICIAL INCOMPETENCY. 
 
 In the same connection it will be seen that the huge army of attorneys-general, 
 assistant attorneys-general, regular assistant attorneys-general, and special assist- 
 ants strewn thickly around our Federal courts all over the country, have, during 
 four or five years past, been so terribly overworked, taking pleasure excursions, 
 driving fast teams, reading literary works, paying and interchanging visits per 
 card, testing electric bells, sampling $5 chamois skins, drinking milk, etc., etc., 
 etc., all at the expense of the taxpayers of the United States, that they have been 
 obliged to 'call to their assistance an army of special assistant attorneys-general to 
 enable them to get along with the public business. 
 
480 EXPENSES OF UNITED STATES COURTS. 
 
 EXPENSES OF UNITED STATES COURTS. 
 
 ALARMING INCREASE IN THE PAST TWENTY-FIVE YEARS. 
 
 Below will be found a table making comparisons of the cost of llie Federal 
 Courts before and since 1860. From this it appears that the average cost 
 of the Federal Judiciary in 1850 was .021 per capita, a little more than two 
 cents ; in 18G0 was .03 per capita, a little more than three cents ; in 1870 was 
 .0572 per capita, nearly six cents. Whilst the increase in the decade from 1860 to 
 1870 has been at the rate exceeding 131 per cent. , the increase for the decade from 
 1865 to 1875, has been at the rate of 104 per cent., and is constantly augmenting. 
 Much of this extravagance is due to payments for partisan election work by par- 
 tisan supervisors of election and deputy marshals. As a country increases its popu- 
 lation to the square mile, these expenses should decrease as compared with the 
 denser population. The reverse is the case under Radical rule. Whilst the char- 
 acter of the judiciary has deteriorated, its expenses have augmented : 
 
 FOR THE YEARS 1850, 1860, 1865,' 1870 AND 1875, 
 
 1850 $497,558 54 
 
 1860 - 936,477 61 
 
 1865 - .: 1,192,272 84 
 
 1870 -- --- 2,162,109 82 
 
 1875 - 3,332,182 27 
 
 2 years, 1850 and 1860 - 1,434,036 15 
 
 2years, 1870 and 1875 5,494,292 09 
 
 1865 - --- 1,192,272 84 
 
 1875 .,-..,...„,.............., 3,332,182 27 
 
481 
 
 SHERMAN'S PET BANK 
 
 HOW IT HELPED HIM REFUND THE DEBT — A MONOPOLY OF THE FOUR PER CENT. 
 BONDS— $115,000,000 MADE OFF THE GOVERNMENT— $5, 000, 000 BORROWER 
 FROM THE BANK AND NEVER PAID BACK. 
 
 Secretary Sherman, at the conclusion of his funding operations in the fall of 
 1879, sent out a letter of congratulation to the people claiming that he had saved to- 
 the government millions of dollars of interest. ' ' The great Secretary " failed, how- 
 ever, to state in his pronunciamento that at the very time of this wasted saving he 
 gave away hundreds of thousands of dollars to pet banks, which could also have 
 been saved to the people. The return to prosperity in 1879 made the government, 
 bonds a very desirable security. Sherman and Hayes, in their report to Congress, 
 were claiming much credit for resumption and the refunding operations, whichi 
 in reality they had little to do with. 
 
 The refunding of the ten forty bonds into four per eent. is a disgraceful history. 
 
 There were $740,000,000 of the four per cent, bonds sold at par, and a half of 
 one per cent, commission, netting the government 99^ cents. The market value 
 of the four per cents can be put at $1.07, which would make the $740,000,000 of 
 four per cents worth $851,800,000. But at 99| they netted the government only 
 $736,300,000, or a profit to the speculators of $115,500,000. The principal pur- 
 chaser was the First National Bank of New York, the heir and successor of the 
 notorious Jay Cooke, McCulloch & Co. This bank, with a capital of only half a 
 million dollars, on the 14th of June, 1879, owed the government $128,109,071 for 
 bonds. 
 
 In a circular issued October 7th, 1879, the bank boasted that it had sold over 
 $400,000,000 of the $737,157,050 of four per cents issued up to that time. 
 
 It was an institution of obscure and uncertain credit at the time its present 
 owners came into control, which, singularly enough, was of the same date as the 
 incoming of the present administration. In so short a time it has acquired a re- 
 lation with the government that the Bank of England and the Rothschilds could 
 never accomplish with any government. 
 
 The four per cent, bonds were selling rapidly and on better terms for the govern- 
 ment. Private and state trusts were being converted into these bonds. They were 
 becoming inevitably a popular security, when Mr. Sherman suddenly announces 
 that he has received subscriptions for all that he can sell; that is, that over 
 $150,000,000 have been subscribed for, which will enable him to take up 
 all the ten-forty (higher rate of interest bonds) that will fall due for 
 two years. This, he said, was a saving of interest for two yefni's,. But it took time 
 to learn what the Secretary failed to state : that he had given his pet bank the mo- 
 nopoly of these bonds. In two days they were at a premium of two per cent. Of 
 the ten-forty called bonds the national banks had nearly $100,000,000 on deposit 
 with the government for their security. With the call their interest stopped. Of 
 course, the banks would desire to replace them with an interest bearing bond. 
 The only bond to be purchased was the four per cent, bond, which the pet bank 
 now controlled. Inside of a week this bond was raised to a premium of 106. If 
 Mr. Baker, the cashier, refused to sell a bond at 102^, inside of an hour the gov- 
 
 31 
 
<?i82 SHERMAN S PET BANK. 
 
 enzQieDft four per cents were quoted at 102|, and so the premium was forced up. 
 7[h& national banks, mostly in the West, which had the ten-forties, were compelled 
 tka^Mj the four per cents of the First National Bank of New York. Some of the 
 jaational banks held off and did not readily come to terms, saying they would 
 acafliEr Jose the interest than be fleeced by Mr. Sherman's bank. The latter insti- 
 *utkai, by reason of this, soon found itself in a predicament. By arbitrary action 
 at kept up the price of four per cents. 
 
 50m the first of August, 1879, one of its subscriptions for forty millions fell due. 
 HIl Bherman -was in the Maine campaign at the time. Mr. Gilfillen, Treasurer 
 *«jff -the United States, needing some money to pay interest, made a draft upon the 
 •bank for six million dollars. The bank was not selling many bonds, and could 
 not pay the draft. It had overreached itself. It had put the bonds at too high a 
 Xiwemium. "The bank telegraphed Mr. Sherman in Maine and Mr. Sherman tele- 
 .gcaplied Mr. Gilfillen not to press his draft. Then Mr. Sherman hurriedly left 
 "Maine if or Washington and issued an oi^der extending the time for payment by tlie 
 (Sbsmktwo Quonihs. Mr. Sherman then went to Ohio to make speeches and tell the 
 ^pocrple how well he had refunded the debt. With his first speech, however, came 
 tilMB publication of his transactions with the pet bank. He made a poor effort at 
 explanation before the Cincinnati Chamber of Commerce, saying the bank did 
 mot ta"ke actual possession of the bonds until paid for, but he did not say that the 
 l»ank had the coupons and up to that time had drawn eight hundred thousand dol- 
 Mari interest. 
 
 The exposure run Mr. Sherman out of Ohio, where he had engaged himself for 
 aen^peeches. On his return to Washington he issued an order that no news was 
 ^Isegrven to the press, except on his order, by any employee of the Treasury 
 lliepartment. The exposure which drove him out of Ohio had leaked from the 
 treasury. This pet bank and its associates were then levied upon for money to 
 lielp elect Foster over Ewing as Governor of Ohio. 
 
 The First National Bank finally paid for its bonds after having them five month 
 ^Mt, credit^ and during which time it regularly drew the interest. 
 
 A LOAN ON GOOD TERMS SECURED. 
 
 This bank, as before stated, is the heir of and pretty much owned by the for- 
 snier Jay Cooke concern, of which John Sherman was a stockholder. 
 
 la 1877, when Mr. Hayes was anxious to get Packard, who had received more 
 VBiteB than he had in Louisiana, out of the gubernatorial fight, he sent a com- 
 ■oiiBslon to accomplish his end. Below is the correspondence which shows how 
 fluts-same bank advanced the money. Mr. Sherman has since had the audacity 
 itoaisk Congress to appropriate it, but as yet the bank must be contented with its 
 paj in the way of profits on the bonds. Charles F. Conant was Assistant Secre- 
 tory of :the Treasury, and went through that open passage way between the 
 Treasury Department and the syndicate to become the London mutual friend of 
 tflbte ^treasury and the syndicate. He is now Mr. Sherman's confidential agent 
 
 altDoad. 
 
 (Private and confidential.) \ 
 
 Treasury Department, March 23, 1877. f 
 ®EOEGE T. Baker, Cashier First National Bank, N. Y. 
 
 My iDear Mr. Baker: The President has decided to send a commission, com- 
 Eposed of men of prominence and respectability, to some of the Southern states 
 Jor -the purpose of healing, if possible, the present political difficulties which 
 «existan:them. It is also hoped that this course will secure to the administration 
 tEadttheigowemment the moral support and aid of the persons residing in South- 
 «stii localities. The only practical difficulty in the way of carrying out this grand 
 
Sherman's pet bank. 483 
 
 project arises from the want of an appropriation. Your bank can remove that 
 difficulty, and it is for the purpose of securing your aid in this matter that I ad- 
 dress this letter to you, believing that you will, cheerfully co-operate in a work 
 which has for its aim and object the peaceful solution of grave -and perplexing 
 difficulties. The amount which will be required will probably fall between 
 $3,000 and |5,000. What I have to suggest is this : that your bank advance the 
 money to some person who will be appointed the disbursing agent and receive 
 from him the vouchers, which he will take when he makes the disbursement. 
 When Congress convenes again a deficiciency appropriation will be asked for by 
 the Executive for the purpose indicated above, and what you shall advance will 
 be promptly returned to you. I do not think there can be any hazard or risk in 
 this matter, or I would not suggest it. I have thought also that you would be 
 pleased to have the opportunity to render the aid which is so much needed for 
 a good purpose at this time! I shall be glad to receive an early reply to this 
 letter. With much respect, I am truly yours, 
 
 (Signed.) CHARLES F. CONANT. 
 
 The Treasury Department but Congi-ess has not performed. 
 
 Baker's answer was as follows : 
 
 First National Bank, N. Y., March 24, 1877. 
 
 My Bear Conant: I am in receipt of your letter of yesterday in regard to making 
 an advance of money for the expenses of the commission to be appointed by the 
 President to visit the Southern states, and beg to say that the bank will take 
 pleasure in extehding the accommodation in the manner requested. 
 
 (Signed) Yours, truly, GEO. F. BAKER. 
 
 James .D. Powers, a treasury clerk, and a stenographer, both paid by the 
 treasury, were detailed to go with the commission. 
 
 Conant then writes : 
 
 Treasury Department, 
 Washington, D. C, March 29, 1877. 
 
 My Dear Mr. Baker: Enclosed I send you a copy of a letter addressed to the 
 gentlemen composing the commission about to visit the South, from which you will 
 see that Mr. Jas. D. Powers, of this department is to act as disbursing agent. 
 
 The committee will probably leave here Monday next, and I will thank you to 
 transmit to Mr. Power, in my care, a draft in his favor for $5,000. 
 
 Truly yours, 
 
 (Signed) CHAS. F. CONANT. 
 
 The enclosure is as follows : 
 
 Treasury Department, March 28th, 1877. 
 Addressed to Lawrence, Harlan, Brown, Hawley and McVeigh. 
 
 Gentlemen: This will be presented to you by Mr. Jas. D. Powers, a clerk of this 
 department, who has been detailed to accompany you on your proposed trip South, 
 in the capacity of disbursing agent. He will also provide for your transportation 
 and subsistence, and will make such other arrangements as may be necessary for 
 your comfort and convenience. Mr. Power has the confidence of the department 
 and is a trustworthy gentleman. Very respectfully, 
 
 (Signed) JOHN SHERMAN, Sec'y. 
 
 The five members of this commission in three weeks spent all of the $5,000 to a 
 cent. John M. Harlan, according to the evidence before the Potter Committee, told 
 General Boynton that he expected to get a place on the United States Supreme 
 bench for his work on this commission, and so he did. He carried his son along 
 with him, whose expenses were also paid out of the common fund. 
 
484 CARL SCHURZ AND THE INDIAN BUREAU. 
 
 GAEL SCHURZ AND THE INDIAN 
 BUREAU. 
 
 ENORMOUS AND WASTEFUL EXPENDITURES. 
 
 hayt's vtlliany. 
 
 Senator Dawes, Republican, of Massachusetts, in a letter dated July 21st, 1880^ 
 to the Springfield, Mass., Bepublican, regarding the removal of the Ponca Indians, 
 said : 
 
 " Some one is making up an Indian record for this administration, which it will 
 be hard to defend by the side of the blackest that has gone before. " 
 
 Mr. Schurz, about the same week, in a speech at Indianapolis said in glorifica- 
 tion of the present administration and its reforms, that he spoke from personal 
 knowledge when he asserted that the Indian bureau had been greatly reformed. 
 The only act that he could point to in support of this statement was the removal 
 of Commissioner Hayt. The record of the Board of Indian Commissioners shows 
 that Mr. Schurz had to be prodded into doing this long-delayed act. 
 
 As was shown by the evidence taken before the Board of Indian Commissioners, 
 Mr. Schurz had been repeatedly informed of the true character of his Commis- 
 sioner of Indian affairs. While serving in such position he was arrested for de- 
 stroying a savings bank, of which he was one of the directors. At the precise 
 time of his arrest Mr. Schurz was insisting upon the suspension of a federal official 
 in St. Louis, who was under indictment, on the ground that no federal oflSciai 
 should be in actual service while under indictment for a crime. Yet he did 
 not suspend Mr. Hayt, and did not remove that official until after it was conclu- 
 sively proven that he had been using the Indian Bureau to steal a mine in the Far 
 West. What Senator Dawes no doubt refers to in particular are the constant vio- 
 lations of faith with the Indians. The treatment of the Nez Perces, the Poncas, 
 Bannocks and Northern Cheyennes, are but illustrative of the rule which guides 
 Mr. Schurz in his dealings with the Indians. The Nez Perces, living a civilized 
 life in Idaho, were the victims of the white man's encroachment. This they re- 
 sisted and war followed. 
 
 Over one million dollars were expended by the government in that war. At 
 last Joseph, after carrying on a warfare, which General Miles testifies was free from 
 all brutality, surrendered. The terms of his surrender were that he and his people 
 should be allowed to return to their reservation in Idaho, where his tribe had always 
 lived. The contractors of the Indian Bureau objected. There was more money 
 to be made by having the Indians sent to the Indian territory. The malarial cli- 
 
CARL SCHUKZ AND THE INDIAN BUREAU. 485 
 
 mate had its natural effect upon people who had come from the invigorating and 
 cool air of Idaho. The death rate was thirty per cent, a year. In vain they have 
 appealed for justice, but are still kept prisoners in a country to them absolutely 
 pestilential. The Sioux were promised a reservation near the Missouri River. 
 They were deceived and sent into the back country. By this maneuver contractors 
 could get more compensation for hauling the stores and provisions. 
 
 Senator Dawes from the select committee of the Senate to inquire into the re- 
 moval of the Poncas reports as follows : 
 
 "In concluding that branch of the subject matter with which the committee is 
 charged, that requires of them to inquire into the circumstances of the removal of 
 the Poncas, the committee find that they were one of the most peaceable of all the 
 Indian tribes, that they were dwelling upon a reservation which they had occu- 
 pied ever since they were known as a tribe, under words of absolute grant from 
 the United States, accompanied by a covenant of peaceable enjoyment during 
 their good behavior ; that without their knowledge and without compensation and 
 without a shadow of complaint against them as a tribe, the United States included 
 their reservation by mistake of boundaries within the limits of the reservation set 
 apart from the Sioux ; that the United States has never undertaken to compensate 
 them in any way for this attempting to deprive them of their home; that to relieve 
 themselves of the difficulties in which this mistake had involved the United States, 
 they undertook to remove the Poncas from their home and provide for them else- 
 where and Congress authorized their removal to the Indian Territory if they should 
 give their free consent to such removal ; that the goverment failing to obtain such 
 free consent, removed them by force and placed them where they now are against 
 their will, leaving their houses and all other property which they were unable to 
 take with them and lodging them in a hot, and to them an inhospitable climate ; 
 that they have suffered greatly from the time of their removal to the present time, 
 and have been thereby greatly diminished in numbers; that they are at the present 
 moment discontented, discouraged, and disheartened, and are making no progress 
 toward self-support ; that this proceeding on the part of the United States was 
 without justification, and was a great wrong to this peaceable tribe of Indians, 
 and demands at the hands of the United States speedy and full redress." 
 
 In vain the Poncas have asked for justice at Mr. Schurz's hands, as do all these 
 tribes. When Mr. Schurz does as he did with the Poncas, he orders one of his 
 agents to take to Washington some of the head chiefs. Arriving in Washington 
 they are given carte blanche. Thousands of dollars are spent upon them during 
 their sojourn at the Capital. All this is for the purpose of making them forget 
 the wrong that has been done them. 
 
 COST OF THE SYSTEM. 
 
 Mr. Schurz's management has not decreased the cost of the Indian service. The 
 annual average is over five million dollars. The annual average under Democratic 
 rule up to 1861 was three million dollars. A comparison of the cost of the care 
 of the Indians in this country with those in Canada, gives an illustration of tha 
 theiving, and of the extent to which it is carried on. There are 94,324 Indians 
 scattered over the Canadian domain. The annual cost per head is $2. Many of 
 them have become prosperous farmers. Above all they are peaceable. By the 
 honest operation of the Canadian system a large reserve fund has been created, the 
 interest on which will before long maintain and make the Indians independent. 
 The census as taken by the Indian Bureau shows 275,000 Indians in this country. 
 It is an undisputed fact that the Indian agents exaggerate the number of Indians, 
 
486 CARL SCHURZ AND THE INDIAN BUREAU. 
 
 SO that they may get larger allowances for their care. But at their figures the cost 
 is $24 per head, and in Canada it is done vastly better at $3 a head. 
 
 No definite knowledge can be obtained of the detail of expenditure of the mil- 
 lions Congress is called upon annually to appropriate for the care of these 
 "Wards of the Nation." 
 
 Such items as the following are found in the reports: 
 
 Civilization and subsistence of Indians on the Malheur reservation $48,057 64 
 
 Collecting and subsisting Apaches 4,182 00 
 
 Expense of Indian delegation visiting Washington 13, 544 00 
 
 The names of the agents are given, but how this money is expended is left for 
 them to show in whatever manner they please. They can make out their vouchers 
 for thousands of dollars, almost as sure of payment as if they called for as many 
 cents. 
 
ANOTHER EX-CABINET OFFICER BROUGHT TO GRIEF. 48T 
 
 ANOTHER EX-CABINET OFFICER 
 BROUGHT TO GRIEF. 
 
 HISTORY OF A TRANSACTION MORE DISGRACEFUL THAN THE CREDIT MOBILIEIfc 
 AND DE GOLYER FRAUDS, AS TOLD BY THE SUPREME COURT OF THE. 
 UNITED STATES. 
 
 THE KIND OF MAN MR. GARFIELD SELECTED FOR CHAIRMAN OF THE REPUKLBCAN: 
 NATIONAL COMMITTEE. 
 
 For several weeks after the nomination of Mr. Garfield the chairmansMp of 
 the Republican National Committee went begging. Don Cameron was- made 
 sick, " nigh unto death," by the victory of Garfield and the crushing defeat of 
 Grant at Chicago. To heal the wounds inflicted by the mad factions in that 
 convention Mr. Garfield and his friends implored Cameron to remain at the Head 
 of the National Committee; but Mr. Cameron was in a bad humor and positively- 
 declined. They next offered the vacant post to William E. Chandler, with; the 
 hope of reconciling the friends of Blaine, but the "Plumed Knight" ordered 
 his wily henchman to reject it. The doubtful honor went begging anotherweek. 
 At length the friends of Mr. Garfield betook themselves to Utica, and begaic 
 coquetting with Senator Conkling. They offered the chairmanship to the H(mi_ 
 Thomas C. Piatt, Mr. Conkling's friend, with protestations of unfailing loyalty 
 to the "head and summit of the human race," and dutiful affection for the 
 New York Senator. Mr. Conkling was also sick. Sprague's shotgun at Canoo- 
 chet, and Grant's Waterloo at Chicago, had soured his temper. Mr. Piatt was 
 not permitted to accept the chairmanship. Several other Republican statesmen 
 were implored to accept it, but each in turn declined. 
 
 At length, in great despair, Mr. Garfield turned to his old friend, Marshali. 
 Jevtell, of Connecticut. ** A fellow-feeling makes men wondrous kind." Mr- 
 Jewell had been Postmaster- General under Grant, who unceremoniously kicked 
 him out of that office. Garfield had been caught in two schemes of fraud with 
 scarcely a parallel in history. Jewell had been caught in a transaction! evwt 
 more disgraceful, but not so well known to the public. The chairmanship, waa 
 offered to Mr. Jewell and promptly accepted. 
 
 The public may learn who this Chairman of the Republican National Cbmmilf- 
 tee is by reading the following opinion of the Supreme Court of the United. 
 States, as reported in the 4th volume of Otto's Reports, p. 506. 
 
 Allore ) 
 
 m. y In the Supreme Court of the United States, October Term, 1876. 
 Jewell. ) 
 
 Appeal from the Circuit Court of the United States for the Eastern District oC 
 Michigan. 
 
488 ANOTHER EX-CABINET OFFICER BROUGHT TO GRIEF. 
 
 The facts are stated in the opinion of the court. 
 
 Mr. Alfred Russell for the appellant. 
 
 Mr. A. B. Maynard, contra. 
 
 Mr. Justice Field delivered the opinion of the court. 
 
 This is a suit brought by the heir-at-law of Marie Genevieve Thibault, late of 
 Detroit, Mich., to cancel a conveyance of land alleged to have been obtained 
 from her a few weeks before her death, when, from her condition, she was in- 
 capable of understanding the nature and effect of the transaction. 
 
 The deceased died at Detroit, on the 4th of February, 1864, intestate, leaving 
 the complainant her sole surviving heir-at-law. For many years previous to her 
 death, and until the execution of the conveyance to the defendant, she was seised 
 in fee of the land in controversy situated in that city, which she occupied as a 
 liomestead. 
 
 In November, 1863, the defendant obtained from her a conveyance of this 
 property. 
 
 A copy of the conveyance is set forth in the bill. It contains covenants of 
 seisin and warranty by the grantor, and immediately following them an agree- 
 ment by the defendant to pay her $250 upon the delivery of the instrument ; an 
 annuity of $500, all her physician's bills during her life, the taxes on the property 
 for that year, and all subsequent taxes during her life; also, that she should have 
 the use and occupation of the house until the spring of 1864," or that he would 
 pay the rent of such other house as she might occupy until then. The property 
 was then worth, according to the testimony in the case, between $6,000 and $8,000. 
 The deceased was at that time between sixty and seventy years of age, and was 
 ■confined to her house by sickness from which she never recovered. She lived alone 
 in a state of great degradation, and was without regular attendance in her sick- 
 ness. There were no persons present with her at the execution of the convey- 
 ance except the defendant, his agent and his attorney. The $250 stipulated were 
 paid, but no other payment was ever made to her; she died a few weeks after- 
 wards. 
 
 As grounds for canceling this conveyance, the complainant alleges that the 
 ^deceased, during the last few years of her life, was afflicted with lunacy or chronic 
 insanity, and was so infirm as to be incapable of transacting any business of im- 
 portance ; that her last sickness aggravated her insanity, greatly weakened her 
 mental faculties, and still more disqualified her for business ; that the defendant 
 4and his agent knew of her infirmity, and that there was no reasonable prospect of 
 her recovery from her sickness, or of her long surviving, when the conveyance 
 was taken ; that she did not understand the nature of the instrument, and that it 
 -was obtained for an insignificant consideration, and in a clandestine manner 
 without her having any independent advice. 
 
 These allegations the defendant controverts, and avers that the conveyance was 
 taken upon a proposition of the deceased ; that at the date of its execution she was 
 in the full possession of her mental faculties, appreciated the value of the property, 
 and was capable of contracting with reference to it, and of selling or otherwise 
 dealing with it ; that since her death he has occupied the premises, and made 
 permanent improvements to the value of $7,000 ; and that the complainant never 
 gave him notice of any claim to the property until the commencement of this 
 suit. 
 
 The court below dismissed the Dili, whereupon the complainant appealed here. 
 'The question presented for determination is, whether the deceased, at the time 
 
ANOTHER EX-CABINET OFFICER BROUGHT TO GRIEF. 489 
 
 she executed the conveyance in question, possessed sufficient intelligence to under- 
 stand fully the nature and effect of the transaction ; and, ii so, whether the con- 
 veyance was executed under such t3ircumstances as that it ought to he upheld, or 
 as would justify the interference of equity for its cancellation. 
 
 Numerous witnesses were examined in the case, and a large amount of testi- 
 mony was taken. This testimony has been carefully analyzed by the defendant's 
 counsel ; and it must be admitted that the facts detailed by any one witness with 
 reference to the condition of the deceased previous to her last illness, considered 
 separately and apart from the statements of the others, do not show incapacity to 
 transact business on her part, nor establish insanity, either continued or temporary. 
 And yet when all the facts stated by the different witnesses are taken together, 
 one is led irresistibly by their combined effect to the conclusion, that, if the 
 deceased was not afflicted with insanity for some years before her death, her mind 
 wandered so near the line which divides sanity from insanity as to render any 
 important business transaction with her of doubtful propriety, and to justify a 
 careful scrutiny into its fairness. 
 
 Thus, some of the witnesses speak of the deceased as having low and filthy 
 habits, of her being so imperfectly clad as at times to expose immodestly portions 
 of her person ; of her eating with her fingers, and having vermin on her body. 
 Some of them testify to her believing in dreams, and her imagining she could see 
 ghosts and spirits around her room, and her claiming to talk with them ; to her 
 being incoherent in her conversation, passing suddenly and without cause from 
 one subject to another ; to her using vulgar and profane language ; to her making 
 immodest gestures ; to her talking strangely, and making singular motions and 
 gestures in her neighbors' houses and in the streets. Other witnesses testify to 
 further peculiarities of life, manner, and conduct ; but none of the peculiarities 
 mentioned, considered singly, show a want of capacity to transact business. 
 Instances will readily occur to every one where some of them have been exhibited 
 by persons possesing good judgment in the management and disposition of 
 property. But when all the peculiarities mentioned, of life, conduct, and language, 
 are found in the same person, they create a strong impression that his mind is not 
 entirely sound ; and all transactions relating to his property will be narrowly 
 scanned by a court of equity, whenever brought under its cognizance. 
 
 The condition of the deceased was not improved during her last sickness. 
 
 The testimony of her attending physician leads to the conclusion that her mental 
 infirmities were aggravated by it. He states that he had studied her disease, and 
 for many years had considered her partially insane, and that in his opinion she 
 was not competent in November, 1863, during her last sickness, to understand a 
 document like the instrument executed. The physician also testifies that during 
 this month he informed one Dolsen, who had inquired of the condition and health 
 of the deceased, and had stated that efforts had been made to purchase her prop- 
 erty, that in his opinion she could not survive her sickness, and that she was not 
 in a condition to make any sale of the property " in a right way." 
 
 This Dolsen had at one time owned and managed a tannery adjoining the home 
 of the deceased, which he sold to the defendant. After the sale, he carried on 
 the business as the defendant's agent. Through him the transaction for the pur- 
 chase of the property was conducted. The deceased understood English imper- 
 fectly, and Dolsen undertook to explain to her, in French, the contents of the 
 paper she executed. Some attempt is made to show that he acted as her agent ; 
 but this is evidently an afterthought. He was in the employment of the defendant, 
 had charge of his business, and had often talked with him about securing the 
 
490 ANOTHER EX-CABINET OFFICER BROUGHT TO GRIEF. 
 
 property ; and in his interest he acted throughout. If the deceased was not in a 
 condition to dispose of the property, she was not in a condition to appoint an 
 agent for that purpose. 
 
 The defendant himself states that he had seen the deceased for years, and knew 
 that she was eccentric, queer, and penurious. It is hardly credible that during 
 those years, carrying on business within a few yards of her house, he had not 
 heard that her mind was unsettled ; or, at least, had not inferred that such was 
 the fact, from what he saw of her conduct. Be that as it may, Dolsen's knowledge 
 was his knowledge ; and when he covenanted to pay the annuity, some inquiry 
 must have been had as to the probable duration of the payments. Such covenants 
 are not often made without inquiries of that nature ; and to Dolsen he must have 
 looked for information, for he states that he conversed with no one else about the 
 purchase. "With him and with his attorney he went to the house of the deceased, 
 and there witnessed the miserable condition in which she lived, and he states that 
 he wondered how anybody could live in such a place, and that he told Dolsen to 
 get her a bed and some clothing. Dolsen had previously informed him that she 
 would not sell the property ; yet he took a conveyance from her at a consideration 
 which, under the circumstances, with a certaintj'" almost of her speedy decease, 
 was an insignificant one compared with the value of the property. 
 
 In view of the circumstances stated, we are not satisfied that the deceased was, 
 at the time she executed the conveyance, capable of comprehending fully the 
 nature and effect of the transaction. She was in a state of physical prostration ; 
 and from that cause and her previous infirmities, aggravated by her sickness, her 
 intellect was greatly enfeebled ; and if not disqualified, she was unfitted to attend 
 to business of such importance as the disposition of her entire property, and the 
 securing of an annuity for life. Certain it is, that in negotiating for the disposi- 
 tion of the property, she stood, in her sickness and infirmities, on no terms of 
 equality with the defendant, who with his attorney and agent, met her alone in 
 her hovel to obtain the conveyance. 
 
 It is not necessary, in order to secure the aid of equity, to prove that the de- 
 ceased was at the time insane, or in such a state of mental imbecility as to render 
 her entirely incapable of executing a valid deed. It is sufficient to show that, 
 from her sickness and infirmities, she was at the time in a condition of great 
 mental weakness, and that there was gross inadequacy of consideration for the 
 conveyance. From these circumstances, imposition or undue influence will be 
 inferred. In the case of Harding vs. Wheaton, reported in the 2d of Mason, a con- 
 veyance executed by one to his son-in-law, for a nominal consideration, and 
 upon a verbal arrangement that it should be considered as a trust for the mainte- 
 nance of the grantor, and after his death for the benefit of his heirs, was, after his 
 death set aside, except as security for actual advances and charges, upon applica- 
 tion of his heirs, on the ground that it was obtained from him when his mind was 
 enfeebled by age and other causes. "Extreme weakness," said Mr. Justice 
 Story, in deciding the case, "will raise an almost necessary presumption of im- 
 position, even when it stops short of legal incapacity ; and though a contract, in 
 the ordinary course of things, reasonably made with such a person might be ad- 
 mitted to stand, yet if it should appear to be of such a nature as that such a per- 
 son could not be capable of measuring its extent or importance, its reasonableness 
 or its value, fully and fairly, it cannot be tliat the law is so much at variance with 
 common sense as to uphold it." The case subsequently came before this court ; 
 and, in deciding it, Mr. Chief Justice Marshall, speaking of this, and. it would 
 seem, of other deeds executed by the deceased, said : "If these deeds were ob- 
 
ANOTHER EX-CABINET OFFICER BROUGHT TO GRIEF. 491 
 
 tained by the exercise of undue influence over a man whose mind had ceased to 
 be the safe guide of his actions, it is against conscience for him who has obtained 
 them to derive any advantage from them. It is the peculiar province of a court 
 of conscience to set them aside. That a court of equity will interpose in such a 
 case is among its best-settled principles" {Harding v. Handy, 11 Wheat., 125). 
 
 The same doctrine is announced in adjudged cases, almost without number; 
 and it may be stated as settled law, that whenever there is great weakness of 
 mind in a person executing a conveyance of land, arising from age, sickness, or 
 any other cause, though not amounting to absolute disqualification, and the con 
 sideration given for the property is grossly inadequate, a court of equity will 
 upon proper and seasonable application of the injured party, or his representa- 
 tives or heirs, interfere and set the conveyance aside. And the present case comes 
 directly within this principle. 
 
 In the recent case of Kempson v. Ashbee, 10 Ch. Cas., 15, decided in the Court 
 of Appeal in Chancery in England, two bonds executed by a young woman, liv- 
 ing at the time with her mother and stepfather, one, at the age of twenty-one, as 
 surety for her stepfather's debt, and the other, at the age of twenty-nine, to 
 secure the amount of a judgment recovered on the first bond, were set aside as 
 against her, on the ground that she had acted in the transaction without independ- 
 ent advice ; one of the justices observing that the Court had endeavored to pre- 
 vent persons subject to influence from being induced to enter into transactions 
 without advice of that kind. The principle upon which the court acts in such 
 cases, of protecting the weak and dependent, may always be invoked on behalf 
 of persons in the situation of the deceased spinster in this case of doubtful sg.nity, 
 living entirely by herself, without friends to take care of her, and conflned to her 
 house by sickness. As well on this ground as on the ground of weakness of 
 mind and gross inadequacy of consideration, we think the case a proper one for 
 the interference of equity, and that a cancellation of the deed should be decreed. 
 
 The objection of the lapse of time — six years — before bringing the suit cannot 
 avail the defendant. If during this time, from the death of witnesses or other 
 causes, a full presentation of the facts of the case had become impossible, there 
 might be force in the objection. But as there had been no change in this respect 
 to the injury of the defendant, it does not lie in his mouth, after having, in the 
 manner stated, obtained the property of the deceased, to complain that her heir 
 did not sooner bring suit against him to compel its surrender. There is no statu- 
 tory bar in the case. The improvements made have not cost more than the 
 amount which a reasonable rent of the property would have produced, and the 
 complainant, as we understand, does not object to allow the defendant credit for 
 them. And as to the small amount paid on the execution of the conveyance, it 
 is suflacent to observe that the complainant received from the administrator of the 
 deceased's estate only $113.42 ; and there is no evidence that he ever knew that 
 this sum constituted any portion of the money obtained from the defendant. A 
 decree must, therefore, be entered for a cancellation of the deed of the deceased 
 and a surrender of the property to the complainant, but without any accoimting 
 for back rents, the improvements being taken as an equivalent for them. 
 
 Decree reversed and cause remanded, with directions to enter a decree as thus stated. 
 
I 
 492 PRESIDENTIAL LUXURIES. 
 
 PRESIDENTIAL LUXURIES. 
 
 HOW THE PEOPLE ARE TAXED TO PAY FOR DOGS, COUPES, CARRIAGES, CRO- 
 . QUET SETS, CHINA DINNER SERVICE, ETC., FOR THE WHITE HOUSE. 
 
 R. B. HAYES IN A NEW ROLE. 
 
 The simple habits and straightforward honesty of Democratic Presidents 
 made the White House the pride of every citizen. From the humblest to the 
 highest, all were welcomed there with a cordial and unaffected hospitality. The 
 inmates of the Executive Mansion, in the good old Democratic days, treated all 
 visitors alike, whether they were the laboring poor, clad in homespun, or for- 
 tune's favorites done up in broadcloth, or in satin and silk. In those days the 
 President of the United States was proud to acknowledge himself the servant of 
 the people, and not their master. 
 
 But all this has changed. Under Republican rule official snobbery at the 
 White House has made that home of the Presidents offensive to plain and honest 
 people. Democratic simplicity has been superseded by a code of mannerism 
 about as little understood by the multitude as were the mysteries of the Holy 
 Vehm by Continental rustics in the middle ages. But while the general public 
 know but little about the aristocratic social system of the White House, by rea- 
 son of the exclusiveness of its inmates, even less is known about its financial 
 management. 
 
 With the introduction of this imperial code of manners, came that mania for 
 luxury and extravagance which has brought such scandal upon the Executive 
 Mansion of late years. With the advent of Grant came the gift-maker. Thou- 
 sands of costly presents were showered upon him. Hambletonian colts, bull 
 pups, gold-tipped cigars, expensive libraries and the like, were among the gifts 
 that found their way to the White House. The giver was almost invariably re- 
 warded with a fat oflBce or a remunerative contract. 
 
 None but the elect were permitted to visit the ofl&cial dog kennels, or the offi- 
 cial stables, built by Babcock at a cost to the people of $10,000. The display of 
 blooded animgfls, poultry, ponies, coupes, splendid carriages, sulkies, drags, and 
 other costly things, was amazing. And it must not be forgotten that all of this 
 expensive stud, including the dogs and their keepers, were maintained by the 
 taxpayers of the country. 
 
 A few vouchers, taken at random from the expense accounts of the White 
 House, will serve to show how the taxpayers were made to foot the bills for these 
 official luxuries: 
 
PRESIDENTIAL LUXURIES. 493 
 
 THE OFFICIAL DOG. 
 
 [Form 8.1 
 Appropriation for improvement and care of public grounds. 
 The United States (for sundries) to Patrick Sweeny, Dr., 1872. Sept. 30 — 
 For board and care of dog for July, August and September, three months, 
 at $10. Application: used in place of watchman. $30 (receipted as above). 
 Paid by check No. 328; dated September 30, 1872, for $41, on treasurer, 
 Washington. 
 I certify that the above account is correct and just, the articles to be (or have 
 been) accounted for in my return for the third quarter of 1872. 
 
 O. E. BABCOCK, Major of Engineers, U. S. A. 
 
 I THE president's COUPE. 
 
 [Form 8.] 
 Appropriation for improvement and care of public grounds. 
 The United States (for repairing coupe) To John McDermott& Bros., Dr., 1871. 
 Oct. 31st— For repairing, trimming and painting government coupe, $173.50. 
 Received at Washington, this Nov. 3d, 1871, from Major O. E. Babcock, Corps 
 of Engineers, the sum of one hundred and seventy-three and fifty-one-hundredth 
 dollars, in full payment of the above account. Check No. 76, dated Nov. 3d, 
 1871, on treasurer at Washington, for $173.50. 
 
 (Signed in duplicate) JOHN McDERMOTT & BROS. 
 
 I certify the above account is correct and just. 
 
 O. E. BABCOCK, Major of Engineers, U. S. A. 
 
 [Form 8.] 
 Appropriation for improvement and care of public grounds. 
 The United States (for repairs) To J. McDermott & Bros., Dr., 1872. May 31— 
 For repairing coupe, office carriage and buggy, from Aug. 8th, 1871, to 
 May 31st, 1872, $169.15. 
 Received, June 6th, 1872, from Major O. E. Babcock, Corps of Engineers, the 
 sum of one hundred and sixty-nine and fifteen-one-hundredth dollars, in full pay- 
 ment of the above account. Check No. 255, dated June 5th, 1872, on treasurer 
 at Washington, for $169.15. 
 
 JOHN McDERMOTT & BROS. 
 I certify that the above accoimt is correct and just. 
 
 0. E. BABCOCK, Major of Engineers, U. S. A. 
 
 [Form 8.] 
 Appropriation for improvement and care of public grounds. 
 The United States (for repairs) To John McDermott & Bros., Dr., 1872. Sept. 
 25th — For thoroughly repairing, trimming and painting, including new wheels, 
 axles, lamps and trimming complete. Application: "on coupe." $550. 
 Received at Washington, D. C, this Oct. 19th, 1872, from Major O. E. Bab- 
 cock, Corps of Engineers, the sum of five hundred and fifty dollars, in full pay- 
 ment of the above account. Check No. 408, October 19th, 1872, on treasurer at 
 Washington, for $550. 
 
 (Signed in duplicate) JOHN McDERMOTT & BROS. 
 
 I certify that the above account is just and correct. 
 
 O. E. BABCOCK, Major of Engineers U. S. A. 
 
494 PRESIDENTIAL LUXURIES. 
 
 [Form 8.] 
 Appropriation for improvement and care of public grounds. 
 The United States (for repairs) To John McDermott <& Bros., Dr., 1873. July 
 3d to Nov. 30th — For painting, trimming and necessary repairs on car- 
 riage and huggy. Application : office use. $315.50. 
 Receipted as above, Jan. 39th, 1873. Check No. 476, Jan. 39th, 1873, on 
 treasurer at Washington, for $315.50. 
 
 I certify that the above account is just and correct, the articles to be (or have 
 been) accounted for in my return for the first quarter of 1873. 
 
 O. E. BABCOCK, Major of Engimeers, U. S. A. 
 
 It will appear from these vouchers that the carriage cobbler cost the taxpayers 
 almost as much as the carriage builder ; and that the elevation of the dog to the 
 responsible post of watchman brought the canine and human species in direct 
 competition for positions of honor and trust "near the throne." 
 
 The aesthetic tastes of the Presidential household have greatly changed since 
 the retirement of Grant. When the Electoral Commission decided to give Hayes 
 the office to which Mr. Tilden had been elected, the coimtry was assured that the 
 manners and morals of the White House would be radically improved. Grant 
 had been profligate in his tastes. He had spent a fortune on his private table, 
 gave rich entertainments, and the crowd at the White House had con- 
 sumed vast quantities of strong liquors and fine cigars. When Hayes took 
 Mr. Tilden's seat an air of godlinesss was assumed by the new incum- 
 bents. Wines and other abominations were banished from the Executive 
 Mansion. Pious people rejoiced. Religion and morality had found a 
 home at the White House, and nothing stronger than ApoUinaris water was 
 allowed there. In a short time there was a lapse from godliness to sin — from 
 ApoUinaris water to vulgar whisky and strong wines. The Russian Grand Dukes, 
 Alexis and Constantine, were dined in state at the Executive Mansion. The 
 moral ideas of the fraudulent President vanished before these scions of a royal 
 house. Liquors flowed in abundance, and there was a high old time at the White 
 House. The Grand Dukes departed for Russia and the Hayes household again 
 settled down to their psalm-singing and spring water. 
 
 Mr. Hayes soon discovered a taste for innocent sports, for works of art and 
 refined luxury. The taste of his household ran in the same direction. Having a 
 salary of only fifty thousand dollaes a year, he could not think of gratify- 
 ing this taste at his own expense. So he decided to make a raid on the Federal 
 treasury. This was shortly after his inauguration. The healthful and innocent 
 game of croquet was in fashion. He could liave bought a set for $10, but it was 
 agreed that nothing but box-wood halls would answer for the White House, and 
 they would cost six dollars more — a drain that his private fortune could never bear. 
 The following voucher will show how he obtained them at the expense of the tax- 
 payers. It will be observed that this purchase is brought under the head of 
 ''Repairs and Fuel" for the Executive Mansion, a simple device that no one but 
 a Christian statesman like Mr. Hayes could invent. 
 
PRESIDENTIAL LUXURIES. 
 
 495 
 
 THE OFFICIAL CROQUET SET. 
 
 [Form 8.] 
 Appropriation for Repairs, Fuel, etc., Executive Mansion, 1878. 
 States (for furniture) to J. Bradley Adams, Dr. 
 
 The United 
 
 
 
 Designation. 
 
 Application. 
 
 Cash. . 
 
 
 Dollars. | Cents. 
 
 1877 
 AprD 
 July 
 
 24. 
 10. 
 
 For 1 Set Croquet 
 " 8 Boxwood Balls 
 
 Refurnishing 
 Ex. Mansion 
 
 10 
 6 
 
 00 
 00 
 
 $16 
 
 00 
 
 Received at Washington, D. C, this 13th day of July, 1877, from Lieut. -Col. 
 T. L. Casey, corps of Engineers, the sum of sixteen Dollars and — cents, in full 
 payment of the above account. 
 
 Check No. 634, dated July 13th, 1877, on Treasury of the United States for $16. 
 (Signed in duplicate) 
 
 J. BRADLEY ADAMS. 
 
 I certify that the above account is correct and just, the articles to be (or have 
 been) accounted for in my return for the 3d quarter of 1877. 
 
 THOMAS LINCOLN CASEY, 
 
 Lieut. -Col. of Engineers. 
 
 At a later date Mr. Hayes became dissatisfied with his carriage. He wanted a 
 more costly vehicle — a luxurious Rockaway, capable of holding a large family. 
 So the disbursing officer of the White House was ordered to buy one and have it 
 charged to the Government. 
 
 The purchase was made at a cost of $800 to the taxpayers of the country as the 
 following voucher shows : 
 
 THE OFFICIAL ROCKAWAY. 
 
 Rept. 
 
 No. 213,467. 
 W. K. 
 
 Crook, Dis. Agent, 
 
 Ex. Man. 3d and 4th quarter, 1878. 
 [Executive Office.] 
 
 To Andrew J. Joyce, Dr., 
 Carriage Manufacturer, Nos. 412, 414, 416 Fourteenth street. 
 
 July 15th. To 6 seat-pass. Rockaway $800.00 
 
 Rec'd payment, 
 
 ANDREW J. JOYCE. 
 August 25th, 1878. 
 
 It has been whispered that, in view of an early retirement to less exciting scenes, 
 this carriage has already been sent to Ohio to be stored. 
 
 IMPERIAL CROCKERY. 
 
 In July, 1879, the Hayes family determined to put in practical shape a long cher- 
 ished scheme to stock the Executive Mansion with crockery suited to the moral 
 tone and elevated tastes that prevailed there. 
 
 The Fraudulent President had frequently cheated the taxpayers by saddling on 
 the Government the cost of luxuries purchased for his own private enjoyment ; 
 but, like the proofs that showed his defeat in 1876, he no doubt considered the 
 evidence of this petty plundering as aliunde. At all events, it was settled that the 
 
496 PRESIDENTIAL LUXURIES. 
 
 Hayes family must have a new dinner set, and that the government must pay for 
 it. Tlie mania for rare China was raging at the "White House, and accordingly, 
 negotiations were opened with the Havilands of Limoges, France, and estimates 
 and plans and prices were agreed upon for a dinner set to be made of that exquisite 
 material. There was a stipulation in the contract that the enormous price named 
 was exclusive of customs duties. Mr. Hayes must see to it that the goods were 
 smuggled in by the customs oflScers in New York, or pay the duty himself. The 
 dinner set was made and is now at the White House. Every piece in the service 
 is a work of art. Each one is decorated differently, all representing American 
 game birds, animals, fish and hunting scenes. The American coat-of-arms is 
 painted conspicuously on every dish. 
 
 When the contract was made Mr. Hayes agreed to employ an American artist 
 to make the designs. After the designs were completed, the American decorator 
 was paid $3,000 by the French manufactures. Mr. Hayes refused to reimburse 
 them, and in consequence, they claim that they make no profit on their work. 
 
 The following transcripts of papers, the originals of which are in the secret 
 archives of the Executive Mansion, show all the details of this remarkable 
 transaction. 
 
 THE OFFICIAL DECORATED CHINA DINNER SERVICE. 
 
 Haviland & Co., 45 Barclay Street, ) 
 
 Limoges. New York, January 19th, 1879. j" 
 
 Mr. T. L. Casey, Lieut.-Col. of Engineers, U. S. A. : 
 
 Sir: We inclose detailed estimate for dinner set for Executive Mansion, to be 
 of our very best quality of porcelain and decorated by our first artists ; in all re- 
 spects equal in quality to the samples submitted to her excellency, Mrs. Hayes. 
 We will deliver the set in the Mansion. The figures quoted are, of course, based 
 on the understanding that we can import the set free of duty. 
 
 We have included in the cost of each article the price of the crest, thus the 
 dinner plates cost $34.85 per dozen, and the crests $15. 
 
 If you decide to give us the order please do not forget to send, at the same 
 time, the clippings of ferns and the photograph of toilet set the writer spoke to 
 you about. Yours respectfully, 
 
 HAVILAND & CO., 
 
 By Albert A. Love, Att'y 
 
 Haviland & Co., 45 Barclay Street, ) 
 
 Limoges. New York, January 19th, 1879. j" 
 
 Estimate for Dinner Set for Executive Marmon. 
 
 10 dozen dinner plates, flat, plain, 8f pouce. Decoration : Pearl grey 
 on border, with line of dead gold ; rich Persian border, by Renard, in 
 rim of plate in gold and colors, with crest of U. S. and figures 1879 
 in gold, at $49.85 $498 50 
 
 5 dozen soup plates, deep plain, 8f pouce; same decoration, at $49.85, 349 25 
 
 5 dozen fish plates, shell shape, 1\ pouce; color under glaze, grand fire 
 and marine plants and shells, by Pallandre, at $39. 70 198 50 
 
 5 dozen game plates, engraved border, 8 pouce; decoration similar to 
 dinner plate, and game birds in center, by Bellit, at $59. 90. 299 50 
 
 5 dozen dessert plates, coufe (thin),'8 pouce ; color under glaze, grand 
 
 fire, and subjects by Bracquemond, with crest, etc., at $75.35 376 75 
 
 6 dozen dessert plates, coufe (thin), 1% pouce; color under glaze, grand 
 fire, with flower and fern centers, by Lyssac, with crest, etc., at 
 
 $51.70 , 258 50 
 
PRESIDENTIAL LUXURIES. 497 
 
 4 fruit baskets, Saxon round ; color under glaze, grand fire, flowers in 
 
 panels, by Chabunrier, with crest, etc. , at $11.^6 45 00 
 
 2 fruit baskets, Saxon oral; same decoration; assorted colors, at $24,35. 48 70 
 
 4 Jardinieres Meissen 2d; same decoration; assorted colors, at $15.40.. 61 60 
 
 2 Jardinieres Meissen 1st; same decoration; assorted colors, at $29.60. 59 20 
 6 Bon-Bon stands, laced edge; fern decoration in centre, by Lyssac, at 
 
 $10.15 60 90 
 
 4 Bon-Bon stands, laced edge, high foot; same decoration, at $10.15.. _ 40 60 
 30 pairs after-dinner coffees, anchor shape (thin, deep saucers), Persian 
 
 borders, by Renard, with crest, etc., at $4.95 148 50 
 
 30 pairs teas, Parisian (thin) ; same decoration, at $5. 85. 175 50 
 
 30 pairs after-dinner coffees, chrystal (thin), rich decoration, by Joch- 
 
 um, with crest, etc. ; cups tinted inside; 12 colors, at $7,50 225 00 
 
 30 pairs teas, Parisian 1st, at $8.35. ^ - 250 50 
 
 In United States currency _ $2,996 50^ 
 
 ARTICLES OF AGREEMENT. 
 
 Articles of agreement entered into this 20th day of February, 1879, between 
 Lieut. -Colonel Thomas Lincoln Casey, Corps of Engineers, United States Army,, 
 for and in behalf of the United States, of the first part, and David Haviland, 
 Charles E. Haviland, and Theo. Haviland, partners, doing business under the 
 firm name of Haviland & Co., of New York, in the county of New York, state of 
 New York, of the second part. 
 
 This agreement witnesseth that the said parties have mutually covenanted and 
 agreed, to and with each other in the manner following, namely: That the said 
 Haviland & Co. shall, in conformity with their proposal and estimate hereunto 
 attached, and which form a part of this contract, and, with the samples sub- 
 mitted by them for inspection, make and complete, in the best artistic manner of 
 their manufactory, and to the satisfaction of the party of the first, and deliver in 
 complete order at the Executive Mansion, in the city of Washington, D. C, a por- 
 celain service for the state dinner table of the said Mansion, comprising the fol- 
 lowing pieces, and at the prices annexed, which prices are to be exclusive of im- 
 port duty; namely: 
 10 dozen Dinner Plates, @, $49.85 $498 50 
 
 5 " Soup " " 49.85. 249 25 
 
 5 " Fish " " 39.70 -.. 198 50 
 
 5 " Game " " 59.90... 299 50 
 
 5 " Dessert " " 75.35„. 376 75 
 
 5 " " " " 51.70 258 50 
 
 4 Fniit Baskets, " 11.25.. 45 00 
 
 2 *' " " 24.35... 48 70 
 
 4 Jardinieres, " 15.40 61 60 
 
 2 " " 29.60.-- - 59 20 
 
 6 Bon Bon Stands, " 10.15... 60 90 
 
 4 " " " 10.15 - -. 40 60 
 
 30 Pairs after-dinner Coffees, @ $4.95 148 50 
 
 30 " Teas, " 5.85.- 175 50 
 
 30 " after-dinner Coffees, " 7.50 225 00 
 
 30 " Teas, " 8.35 250 50 
 
 Being, for the whole, the sum of two thousand nine hundred and ninety -six dol- 
 ars and fifty cents ($2,996yV7y)- 32 
 
498 PRESIDENTIAL LUXURIES. 
 
 That the above cost's shall include the marking upon each piece ordered, of the 
 eeat-of-arms of the United States, as per sample furnished, together with the year 
 1879, beneath the same, in small figures. 
 
 That the said Haviland & Co. shall commence the manufacture of the articles 
 Serein contracted for as soon as possible after the signing of this contract, and de- 
 Kver the same within six months from the commencement of the work, or as 
 much sooner as is practicable. 
 
 That payment shall be made when the articles shall have been delivered and ac- 
 eepted 
 
 In witness whereof the undersigned have hereunto placed their hands and seals, 
 the day and date first above written. 
 
 THOMAS LINCOLN CASEY, 
 
 Lieut. -Col. of Engineers, U. S. A. [Seal.] 
 HAVILAND & CO., 
 
 By Theodore Haviland, Att'y [Seal.] 
 
 Witnesses : 
 
 e. f. conklin, 
 William L. Briggs, 
 E. Campbell, 
 
 THE TAX-PAYERS FOOT THE BILL. 
 
 This rare set of dinner service is charged to the furniture account of the Execu- 
 tive Mansion, and the taxpayers of the United States foot the bill. The total cost 
 of this royal outfit is about $15,000. When Mr. Hayes retires from the White 
 Hbuse, like the Rockaway and the croquet set, this china service will find its way 
 to Ohio, to become an heirloom in the family of the First Fraudulent President. 
 
 The people will never know how many articles for personal use have been paid 
 for by the government, under the Grant and Hayes' administrations, until a Dem- 
 ocratic President is elected. 
 
EXECUTIVE MANSION. 499 
 
 EXECUTIYE MANSION. 
 
 Total expenditures on account of the Executive Mansion, from March 3d, 1779, 
 to June 30th, 1876, reported to the House of Representatives by the Secretary of 
 the Treasury, May 23, 1878. 
 
 Furniture. 
 
 Prom March 2, 1797, to February 20, 1861 $281,052.92 
 
 " February 20, 1861, to March 3, 1873 $242,980 82 
 
 Bepair%. 
 
 From March 3, 1807, to March 2, 1861 395,073 01 
 
 " March 2, 1861, to April 20, 1870 156,948 81 
 
 Repairs, Furniture and Fuel. 
 From March 3, 1871, to June 23, 1874 161,845 00 
 
 L^ary. 
 
 From Sept. 30, 1850, to March 2, 1861 3,998 46 
 
 " March 3, 1861, to March 1, 1862 251 54 
 
 Improvement of Grounds. 
 
 From April 20, 1818, to March 2, 1861 149,773 76 
 
 " March 2, 1861, to March 3, 1871 119,297 51 
 
 Watchman. 
 
 From March 3, 1851, to February 20, 1861 11,601 00 
 
 " February20, 1861, to July 12, 1870 14,694 07 
 
 Furnace Keeper. 
 
 From March 3, 1855, to February 20, 1861 2,842 00 
 
 " February 20, 1861, to July 12, 1870 .• 6,527 50 
 
 From Aug. 31, 1852, to Februarj' 20, 1861 .* 10,479 00 
 
 " February 20, 1861, to July 12, 1870 10,834 63 
 
 Fuel 
 
 From March 3, 1855, to March 2, 1861 8,200 00 
 
 " March 2, 1861, to July 15, 1870 38,929 03 
 
 Policeman. 
 None orevlous to 1866. 
 From July 28, 1866, to July 12, 1870 15,346 58 
 
 Repairs of Summer Residence. 
 
 From July 12, 1864 3,000 00 
 
 Surxey of Land foi' Site fo^r President's Mansion. 
 
 1867 2,89131 
 
 Underdraining Grounds and Garden. 
 
 1866 994 21 
 
 Total Expenditures from the Commencement of the Government. 
 
 March 2, 1797, to March 2, 1861— 72 years $863,020 15 
 
 The above includes building the White House and rebuilding same. 
 From March 2, 1861, to June 23, 1874—13 years $773,040 51 
 
 Very nearly as much spent in thirteen years Republican rule as in seventy-two 
 years previous, being less than one-fifth of the time only. 
 
 The average per annum for 72 years preceding 1861, $11,986.39. 
 
 Average per annum for 13 years, 1861 to 1874, $59,387.73. 
 
 An increase of $47,401.34 per annum, or an average increase of 395 per cent. 
 And in this connection it may be remarked that the Executive Mansion was con- 
 structed and rebuilt previous to 1861. The amounts $65,441.90 lavished upon it 
 since that time, and especially since the commencement of Grant's administration, 
 and during the incumbency of Mr. Hayes, have been spent for the comfort and 
 luxuries of the occupants, and not for permanent public improvements. 
 
500 
 
 EXPENSES OF THE WHITE HOUSE. 
 
 EXPENSES OF THE WHITE HOUSE, 
 
 Executive Mansion. 
 
 Annual repairs, including painting, etc 
 
 Kef umishmg interior, etc 
 
 Care and improvement of grounds south of house 
 
 Kepairs, etc. , of greenhouse and plants 
 
 Fuel, in part for President's house 
 
 Books for library " " ;.. 
 
 Iron fencing around grounds 
 
 New stables to replace those torn down to make room for 
 
 Treasury 
 
 Care of nursery, etc 
 
 For trees, tree stakes, lime and stock for nursery 
 
 For removing snow and ice 
 
 For flower pots, twine, baskets, and lycopodinm 
 
 For filling, leveling and improving grounds in front of 
 
 Executive Mansion 
 
 Last 4 years of 
 Democratic rule. 
 
 Total 
 
 Last 12 years of 
 Republican rule. 
 
 $32,000 00 
 
 $302,345 00 
 
 20,000 00 
 
 
 5,500 00 
 
 113,719 25 
 
 1,000 00 
 
 37,000 00 
 
 7,300 00 
 
 37,000 00 
 
 1,000 00 
 
 
 
 82,000 00 
 
 20,000 00 
 
 
 
 7,56660 
 
 
 
 13,000 00 
 
 
 5,000 00 
 
 
 3,500 00 
 
 
 
 10,000 00 
 
 $86,700 00 
 
 $611,064 25 
 
 Salakies op Emplotkbs in Executive Mansion- 
 
 Night watchmen , 
 
 Door keepers 
 
 Furnace keeper 
 
 Policeman 
 
 Usher 
 
 $3,600 00 
 18,000 00 
 1,565 00 
 
 $14,400 00 
 
 19,360 00 
 
 9,648 00 
 
 18,440 00 
 
 22,000 00 
 
 Total. 
 
 $23,165 00 
 
 $83,848 00 
 
 Salakies op Officers ik the Executive Office— 
 
 President of the United States 
 
 Secretary to sign land warrants 
 
 Private Secretary 
 
 Assist. Private Secretary 
 
 Clerk's Executive (2) 
 
 Clerks, J4, ^» 3=^ 
 
 Steward 
 
 Messengers (5) 
 
 Stenographer (1) 
 
 Telegraph Operator 
 
 Contingent expenses, including stationery 
 
 Total. 
 
 $100,000 00 
 
 8,756 '66 
 
 4,200 00 
 3,150 00 
 
 2,625 00 
 
 $118,725 00 
 
 $500,000 00 
 7,500 00 
 
 176,200 00 
 
 25.500 00 
 
 $709,900 00 
 
 RECAPITULATION. 
 
 Executive Mansion 
 
 Salaries to employees in same. 
 Salaries to officers in same — 
 
 Totals. 
 
 $86,700 00 
 23,165 00 
 118,725 00 
 
 $228,590 00 
 
 $611,064 25 
 
 83,848 00 
 
 709,200 00 
 
 $1,404,112 25 
 
 Expenditure during four years of Democratic rule, from 1857 to 1861 $228,590_00 
 
 Expenditure during twelve years of Republican power and misrule, from March 4, 
 
 1869, to March 4, 1881 , $1,404,118 26 
 
 Average annual expenditure under Republican rule $117,009^ 
 
 Average annual expenditure under Democratic rule $57,147,60 
 
 Average annual saving under Democratic administration $68,861 86 
 
THE BOTANICAL GARDEN. 501 
 
 THE BOTANICAL GARDEN. 
 
 MR. GARFIELD INCREASES THE APPROPRIATIONS FOR BOUQUETS AT THE WHITE 
 HOUSE, AND FOR FLORAL GIFTS BY THE PRESIDENTIAL HOUSEHOLD. 
 
 THE BOUQUET SHOP. 
 
 The Botanical Garden at Washington, which is used amongst other purposes to 
 supply bouquets to the White House, and for presentation by the occupants of the 
 Presidential mansion to distinguished persons for social entertainments, has grad- 
 ually become a gr^at annual charge to the tax-payers. According to the official 
 reports the sum spent on this Bouquet Shop, from the commencement of Repub 
 lican rule in 1861 to the present year, aggregates $436,216.66. During the admin- 
 istration of Lincoln and Johnson the appropriations were small, not averaging to 
 exceed $11,828 per annum, including the erection of buildings. The increased 
 Appropriations for this official luxury were begun in Grant's administration, and 
 continued extravagant during the period when Mr. James Garfield held the purse 
 strings as Chairman of the Committee of Appropriations of the House of Repre- 
 sentatives, until the advent of the Democratic House, when they were reduced. 
 
 The first great increase was for the fiscal year ended June 30th, 1873, being also 
 the first year appropriated for after Mr. Garfield became Chairman of the Com- 
 mittee on Appropriations. The amount he secured for this project in that year 
 was $43,646, and in the following year he secured the increase to $56,646. A 
 •comparison for the former years appropriated when Mr. Garfield was Chairman 
 of the Appropriation Committee with those appropriated for during the first years 
 of the Forty-fourth and Forty-fifth Congresses (when the House was Democratic) 
 shows the former to have been $152,959 as against $69,795, a decrease by the 
 Democratic House under Mr. Garfield's appropriations of $83,164, being a reduc- 
 tion of more than fifty-four per cent. 
 
 Let us now examine the cost of the Botanical Garden from the first year of its 
 little beginning up to the present time, and make the comparison between its cost 
 previous to the extravagant expenditures made upon it by the Republicans and 
 the cost of its maintenance since 1861. The first appropriation for the Garden 
 appears in an item in the Act of 1836. The total expenditures since that date 
 were as follows : 
 
 EXPENDITURES ON ACCOUNT OP THE BOTANICAL GARDEN FROM 1836 TO 1866. 
 
 Buildings and Grounds $42,447.11 
 
 Salaries 45,496.80 
 
 Improvement of Grounds 20,600.00 
 
 Bepairs 1,044.16 
 
 Total for thirty years ..$109,587.57 
 
 Being an average of $3,653.92 per year. 
 
502 THE BOTANICAL GARDEN. 
 
 EXPENDITURES ON ACCOUNT OF THE BOTANICAL GARDEN PROM 1866 TO 1877. 
 
 Buildings and Grounds JlSSjlse-SS 
 
 Salaries 121,590.07 
 
 Improvement of Grounds 108,847.99' 
 
 Bepairs 7,561.38^ 
 
 Total for eleven years $373,155.79 
 
 Being an average of $33,923.00 per year. 
 
 In other words, the Botanical Garden since 1866 has cost ten times more per an- 
 num to support than it did before that period. 
 
 Below will be found a correct statement from the official records of the amounts 
 annually appropriated for the Botanical Garden since 1861 : 
 
 U. S. GOVERNMENT EXPENSES FOR BOUQUET SHOP FOR TWENTY YEARS. 
 
 Year Ending 
 
 Appboprijltions for 
 Botanical Garden. 
 
 Year Ending 
 
 Appropriations for 
 Botanical Garden. 
 
 1862 
 
 $8,612 50 
 
 1873 
 
 $43,646 00 
 
 1863 
 
 8,412 50 
 
 1874 
 
 56,646 00 
 
 1864 
 
 8,421 50 
 
 1875 
 
 29,071 00 
 
 1865 
 
 9,445 80 
 
 1876 
 
 •23,596 00 
 
 1866 
 
 26,945 80 
 
 1877 
 
 ♦16,450 00 
 
 1867 
 
 9,446 80 
 
 1878 
 
 *17,400 00 
 
 1868 
 
 16,645 80 
 
 1879 
 
 *20,450 00 
 
 1869 
 
 16,696 00 
 
 1880....... 
 
 *15,495 00 
 
 1870 
 
 25,296 96 
 
 1881 
 
 *18,883 00 
 
 1871 
 
 31,671 00 
 
 
 
 
 1872 
 
 32,986 00 
 
 
 $436,216 66 
 
 Years appropriated for by the Democratic House. 
 
DISTRICl' OF COLUMBIA. S&S 
 
 DISTRICT OF COLUMBIA. 
 
 COMPARISON OF EXPENDITURES BY THE GENERAL GOVERNMENT IN THE DISTRICT 
 OP COLUMBIA FOR PUBLIC PURPOSES, PROM THE COMMENCEMENT OF THE GOV- 
 ERNMENT TO JUNE 30, 1876, AS REPORTED TO THE HOUSE OF REPRESENTA- 
 TIVES BY THE SECRETARY OF THE TREASURY, MAY 32, 1878. 
 
 The extravagant expenditures of Republican administrations in the District 
 of Columbia, have been on so grand a scale as to merit and receive the condem- 
 nation of the people. It is not complained of that the government should pro- 
 vide for itself the necessary buildings and conveniences for the transaction of the 
 public business, but a large portion of the money chargeable to expenditures in the 
 District of Columbia has been stolen by the rings with which the administra- 
 tion of Gen, Grant, and the Chairman of the Committee on Appropriations of the 
 House, Mr. Garfield, were on intimate relations. 
 
 On the 22d of May, 1878, the Secretary of the Treasury made a report to the 
 House of Representatives, which contained all the public expenditures made by 
 the United States, in the District of Columbia for public purposes, from 1797 to 
 1876, inclusive. This report shows the following facts : 
 
 The total amount expended from 1797 to 1861, a period of 64 years, aggregated 
 $35,478,899.40, being an average of $554,357.80 per year. 
 
 The total amount expended in the District of Columbia for public purposes, 
 from 1861 to 1876 inclusive, a period of 16 years, aggregated $56,663,496.47, being 
 at the rate of $5,541,468.53 per year. 
 
 Statement of expenditures from the National Treasury in the District of Col- 
 umbia for streets and avenues. 
 
 From April 24, 1800 to March 3, 1861, $497,378.60, 61 years, or $8,153.75 per 
 year. 
 
 From March 3, 1861 to March ^3, 1876, 15 years, $3,534,930.96, or $235,662.06 
 per year. 
 
 Comparison by year of expenditures from the national treasury for public pur- 
 poses in the District of Columbia : 
 
 EXPENDED. 
 
 Year. In 
 
 1873 $8,041,458 56. 
 
 1860 1,535,783 59. Excess, $6,505,674 97. More than five times as muck 
 
 1874 5,135,901 01. 
 
 1860 1,535,783 59. Excess, $3,600,117 42. More than three times as muck 
 
 1875 6,468,753 64. 
 
 1860 1,535,783 59. Excess, $4,932,970 05. More than four times as much. 
 
 1876 5,050,770 95. 
 
 1860 . . 1,535, 783 59. Excess, $4,514,987 36. More than three times as much 
 
504 DISTRICT OF COLUMBIA. 
 
 These figures require no explanation — they speak for themselves. It may be 
 attempted to reply to them by saying, that the government has been erecting large 
 and costly buildings in the District since 1861. This is true; but it is also true 
 that a much greater number of public buildings, and of much greater value , 
 were erected by the government in the District of Columbia previous to 1861. 
 For example : The largest and most costly building erected by the government is 
 the Capitol of the United States, which was nearly completed previous to June 
 30, 1861. The amount expended in the erection of the old and new Capitol, and 
 repairing the same, was, previous to June 30, 1861, $9,225,000, whilst since that 
 date, the following amount only has been expended in its completion: $2,470,000. 
 
 In addition to the Capitol building, the government had, previous to 1861, con- 
 structed in the District of Columbia the court house, jail, President's house 
 (building and rebuilding), patent oflQce, post-office, buildings for the war, navy, 
 and state departments, the old treasury building (and had nearly completed the new 
 treasury building), had completed observatory, navy yard, arsenal, and the bo- 
 tanical garden (partly constructed). Since 1861 the government has commenced, 
 but not yet completed, the new building intended for the state, war and navy 
 departments; completed the building for the treasury department ; erected a 
 small building for the department of agriculture; also a small building for a 
 national museum, and completed the interior of the extension to the patent office. 
 
 In examining the expenditures in the District of Columbia by the government, 
 since 1861, it will be found that they have not been in a great degree for public 
 improvements, but rather temporary and contingent expenses. For example, 
 making a comparison again in expenditures for the Capitol previous to and since 
 1861, we find the following items : 
 
 Repairs, for 34 years to March, 1861, $347,468.85; Repairs for 14 years from 
 1861 to 1875, $355,986.95. 
 
 Furniture for 61 years to 1861, $256,911.69; Furniture for 15 years from 1861 to 
 1876, $425,884.32. 
 
 Lighting for 32 years to 1861, $425,426.49; Lighting for 14 years from 1861 to 
 1875, $910,331.21. 
 
 Heating and ventilating for 30 years to 1861, $40,742.82; Heg^ting and ventil- 
 ating for 9 years to 1871, $257,841.57. 
 
 Improvement of grounds for 43 years to 1859, $224,012.41. 
 
 Improvement of grounds for 12 years to 1876, $1,410,246.00. 
 
 Police force for 10 years to 1861, $65,273.77. 
 
 Police force for 14 years from 1861 to 1875, $653,586.01. 
 
 In addition there are such items as the following, which do not appear previ- 
 ous to the year 1861, viz.: Senate stable, $10,000; labor, $21,110; police uni- 
 forms, $5,352.25, and the like. 
 
 MR. GARFIELD RESPONSIBLE FOR INCREASED EXPENDITURES. 
 
 A comparison of the year previous to the war with the years 1873, 1874, 1875 
 and 1876 (when Mr. Garfield was chairman of the Committee on Appropriations), 
 of the expenditures made in the District of Columbia, shows the following enor- 
 mous difference : 
 
 Comparison by years of expenditures from the National Treasury for pub- 
 lic purposes in the District of Columbia: Expended in 
 
 YEAR. 
 
 1873 $8,041,458.56 
 
 1860 1,535,783.59 
 
 Excess $6,505,674.97 More than five times as much. 
 
DISTRICT OP COLUMBIA. 505 
 
 1874 $5,135,901.01 
 
 1860 1.535,783.59 
 
 Excess $3,600,117.42 More than three times as much 
 
 1875 .....$6,468,753.64. 
 
 1860 1,535,783.59' 
 
 Excess .$4,932,970.05 More than four times as much. 
 
 1876 $5,050,770.95 
 
 I860; 1,535,783.59 
 
 Excess $4,514,987.36 More than three times as much. 
 
 The comparisons are made with the years 1873, 1874, 1875, and 1876, because 
 Mr. Garfield was Chairman of the Committee on Appropriations, which made the 
 appropriations for those years, and always the most strenuous advocate of ring 
 interests in the District of Columbia. 
 
 Take another item in detail, of the expenditures in the District of Columbia, 
 namely, for streets and avenues : We find that there was expended for those pur- 
 poses in the District of Columbia, in 61 years, from April 24, 1800, to March 3, 
 1861, $497,378.60; whilst for the same purposes there was expended in the Dis- 
 trict of Columbia by the general government, for 15 years, from March 3, 1861, to 
 March 3, 1876, $3,534,930.96, or an average of $235,662.06 per annum, as against 
 $8,153.75 per annum for the years preceding the war. 
 
 In addition to this large sum expended by the government in the District of 
 Columbia for streets and avenues, an indebtedness was raised of $21,683,650.00, 
 for which the government was compelled to issue its bonds. Nor does this repre- 
 sent the total amount expended in the District of Columbia through the agency 
 of the Board of Public Works, which exceeded $35,000,000. 
 
506 APPROPRIATK NS AND EXPENDITURES. 
 
 APPROPRIATIONS AND EXPENDITURES. 
 
 DEMOCRATIC ECONOxMY AND REPUBLICAN EXTRA- 
 VAGANCE. 
 
 The profligate expenditures inaugurated by the Republican party culminated 
 in Grant's second administration, and, to a considerable extent, were checked by 
 the incoming of the Democratic House of Representatives, in December, 1875. 
 
 That body, as far as it had the power, cut down expenditures and endeavored 
 to bring back the government to the economy in administration which prevailed 
 before the new era of Radical corruption and wasteful extravagance. 
 
 DEMOCRATIC ECONOMY BEFORE THE WAR — 1860 COMPARED WITH 1874. 
 
 Economy in public expenditures has always been a cardinal principle of the 
 Democratic party. Contrast the net ordinary expenditures of the last Democratic 
 administration with the last Republican administration previous to the advent of 
 the Democratic House of Representatives in 1875, and the difference is startling. 
 Eliminating from the calculation all expenditures relating to the public debt, 
 principal, interest and premiums, and taking only tlie net ordinary expenditures, ex- 
 clusive also of pensions, and we find : 
 
 Democratic administration, year ending June 30th, 1861, $61,581,456.05 ; Re- 
 publican administration, year ending June 30th, 1874, $165,080,570.34 ; a differ- 
 ence of $103,499,114.29 per annum, exclusive of expenditures arising out of the 
 war ! 
 
 TEN YEARS BEFORE THE WAR COMPARED WITH TEN YEARS SINCE THE WAR. 
 
 It may be said that a comparison of 1861 with 1874 is only that of one year 
 with another single year. Let us, then, make the comparison as complete as possi- 
 ble. For this purpose eliminate entirely the war period, say from June 30th, 
 1862, to June 30th, 1866, both fiscal years inclusive, being more than a year after 
 the close of the war. Eliminate again all except the net ordinary expenditures, 
 excluding public debt, principal, interest, premiums and pensions, and it appears 
 that the net ordinary expenditures above stated, from the fiscal year ended March 
 4th, 1879, down to and including the fiscal year ended June 30th, 1861, both in- 
 clusive, covering 
 
 A PERIOD OP SEVENTY-TWO YEARS, 
 
 amounted to one billion five hundred and six millions seven hundred and six 
 thousand and one hundred and forty-one dollars and fifteen cents ($1,506,- 
 706,141.15). 
 
 Now, the net ordinary expenditures (for the same items) for the last ten years 
 OP Republican rule preceding the advent of the Democratic House of Repre- 
 sentatives, beginning with the fiscal year ended June 30, 1867, more than one 
 
DEMOCRATIC ECONOMY REPUBLICAN EXTRAVAGANCE. 50 T 
 
 year after the close of the war, up to and including the fiscal year ended June 30, 
 1876, amounted to one billion five hundred and twenty- eight million nine hun- 
 dred and thirty-seven thousand one hundred and thirty-seven dollars and eighty- 
 seven cents ($1,628,937,137.87). In other words, the Republican party ex- 
 pended more money in ten years after the close of the war and the disbandment 
 of our armies, for net ordinary expenditures alone, exclusive of public debt, 
 interest, principal and premium, and exclusive of pensions, by twenty-two mil- 
 lions two hundred and thirty thousand nine hundred and ninety-six dollars and 
 seventy-two cents ($22,230,996.72), than had been expended in seventy-two years, 
 preceding the advent of the Republican party to power I 
 
 TEN YEARS BEFORE THE WAR AND TEN YEARS SINCE THE WAR. 
 
 Taking the same net ordinary expenditures for ten years of Democratic con- 
 servative rule before the war, beginning with the fiscal year ended June 30, 1852,. 
 up to and including fiscal year ended June 30, 1861, both inclusive, we find them 
 to have been but five hundred and seventy-two millions eight hundred and 
 seventy-six thousand two hundred and sixty dollars and fifty-two cents 
 ($572,876,260.52). Compare that period with expenditures for like items 
 during the ten years of Radical rule in time of peace — from fiscal year ended June 
 30, 1867, to and including fiscal year ended June 80, 1876 — which were one billion 
 five hundred and twenty-eight millions nine hundred and thirty-seven thousand 
 one hundred and thirty-seven dollars and eighty-seven cents ($1,528,937,137.87) 
 and we discover an 
 
 EXCESS OF REPUBLICAN EXPENDITURES OP NINE HUNDRED AND FIFTY-SIX 
 MILLIONS SIXTY THOUSAND EIGHT HUNDRED AND SEVENTY-SEVEN DOLLARS 
 AND THIRTY-FIVE CENTS, 
 
 an increase in ten years of Republican rule in the items of net ordinary ex- 
 penditures alone, of more than one hundred and seventy per cent., comparing ten. 
 years of peace before 1861 with ten years of peace after 1867 ! The average. 
 PER ANNUM of thesc net ordinary expenditures for the ten years of Republican 
 rule — in time of peace — reached the sum of one hundred and fifty-two millions eight 
 hundred and ninety-three thousand seven hundred and thirteen dollars and seventy- 
 eight cents ($152,893,713.78), whilst the same items of net ordinary expenditures 
 for the ten years of Democratic rule above-named averaged only fifty-seven mil" 
 lions two hundred and eighty-seven thousand six hundred and twenty-six dollars 
 and five cents ($57,287,626.05). This shows that, comparing two decades of 
 profound peace, the net ordinary expenditures of the government, exclusive of 
 the public debt, interest, principal and premiums, and exclusive also of pensions, 
 under a decade of Republican rule, were nearly three times as large as for 
 
 THE LAST DECADE OF DEMOCRATIC CONSERVATIVE RULE. 
 
 Taking the censuses of 1860 and 1870 respectively as the bases for calculation, 
 it appears that these same net ordinary expenditures under the same decade of 
 Radical rule in time of peace amounted to thirty-nine dollars and sixty-five centa 
 ($39.65) PER CAPITA, whilst the same items of expenditure for the last decade of 
 Democratic conservative rule amounted to but eighteen dollars and twenty-six 
 cents ($18.26) per capita, or an excess of one hundred and seventeen (117) per 
 cent.* against the Republican party. 
 
 EXTRAVAGANCE IN EVERY BRANCH OF THE SERVICE. 
 
 The official record shows that the extravagant and criminal increase of expen- 
 ditures occurred in every branch of the service. ' 
 
 * See table marked A, p. 506. 
 
:508 
 
 APPROrRIATIO NS AN(1 EXPENDITURES 
 
 IN THE WAR DEPARTMENT. 
 
 For instance, the regular army was largely increased— not during but after the 
 war— and the cost of maintaining it per man was gi-eatly augmented. The ex- 
 penditures during this decade of Radical rule, for that branch of the service were 
 $593,000,000 as against the sum of $169,000,000 under the last decade of 
 Democratic conservative rule, showing a diffei-ence for ten years against the 
 Radical party of $424,000,000, being an increase of more than one hundred and 
 ninety-one per cent. 
 
 IN THE NAVY DEPARTMENT. 
 
 The expenditures for the decade ending June 30th, 1876, for maintaining a so- 
 called navy, were $234,000,000, as against but $123,000,000 for the last Democratic 
 decade, a difference against Radical rule of $111,000,000; being an increase of 
 more than eighty-nine per cent. 
 
 IN THE INDIAN DEPARTMENT. 
 
 The Indian Ring held full sway during this decade of Radical rule, and expended 
 $62,500,000, as against $32,500,000 expended on account of the Indian service 
 during the last ten years of Democratic rule, a difference against Republican rule 
 of $30,000,000 5 being an increase of more than ninety-three per cent. 
 
 THE CIVIL AND MISCELLANEOUS EXPENDITURES 
 
 for these ten years of Radical rule amounted to the enormous sum of $638,000,- 
 000, as against but $247,000,000 expended during the last ten years of Demo^ 
 cratic rule, showing an increase under Republican rule of $391,000,000 
 IN TEN YEARS, IN THE CIVIL AND MISCELLANEOUS EXPENDITURES ; being an in- 
 crease of more than one hundred and fifty-eight per cent. 
 
 KECAPITULATION OP COMPARISON OF A DECADE OF DEMOCRATIC RULE WITH A 
 DECADE OF RADICAL RULE. 
 
 Average per annum of ten years of Democratic rule, June 30, 1852. to June 30, 1862. . . $57,277,236.05 
 
 '* " Radical rule, June 30, 186?, to Jane 30, 1876 152,893,713.78 
 
 -Cost per capita of ten years of Democratic rule, from June 30, 1852, to June 30, 1861. . . 18.26 
 
 " " " Radical rule, June 30, 1867, to June 30, 1876 39.65 
 
 The above is, as already stated, for net ordinary expenditures alone, exclusive of 
 public debt, interest, premium, and exclusive also of pensions. 
 
 The following table, marked A., gives the aggregate for the years and purposes 
 named and is compiled from the oflBcial report of the Secretary of the Treasury. 
 
 TABLE A. 
 
 Net Ordinary Expenditures of the United States, exclusive of Public Debt, Premiums, Interest and 
 Principal, and exclusive also of Pensions, for ten years, June 30, 1852, to June 30, 1861, both in- 
 clusive, and for ten years from June 30, 1867, to June 30, 1876, both inclusive: 
 
 TiTLB. 
 
 Ten years of Radical 
 rule— June 30, '67 to 
 June 30, '76— both fis- 
 cal years inclusive. 
 
 Ten'years of Democratic 
 rule— June 30, '52, to 
 June 30, '61-both fis- 
 cal years inclusive. 
 
 Increase of 10 years 
 Radical rule over 10 
 years Democratic rule 
 for same periods. 
 
 War 
 
 Navy 
 
 Indians 
 
 $593,629,479 43 
 234,191,119 10 
 62,678,183 52 
 638,438,355 82 
 
 $169,132,248 55 
 
 123,476,351 20 
 
 32,571,486 75 
 
 247,592,174 02 
 
 $434,497,230 88 
 
 110,714,767 90 
 
 30,106,696 77 
 
 Civil and Miscellaneous.. 
 
 890,846,181 80 
 
 Total 
 
 $1,528,937,137 87 
 
 $572,772,260 52 
 
 $956,164,877 35 
 
 EXPENDITURES OF 1860 COMPARED WITH 1875. 
 
 Additional comparisons of Democratic economy with Republican extravagance 
 are here appended. 
 
DEMOCRATIC ECONOMY REPUBLICAN EXTRAVAGANCE. 50^ 
 
 The last fiscal year of Democratic administration was that ending June 30, 1860.- 
 The net ordinary expenses of the government for that year, exclusive of pensions 
 and public debt and interest, were $58,955,952. 
 
 These expenses, stated in detail, were (omitting cents) : 
 
 For the War Department $16,472,202- 
 
 '« Navy " 11,514,649 
 
 " Indian " 2,991,121 
 
 " Miscellaneous or civil 27,977,973^ 
 
 Now compare these expenditures with those of the last year in which the Re- 
 publican party had unlimited control, the fiscal year ending June 30, 1875. 
 The net ordinary expenses for the government for that year, (exclusive of pen- 
 sions, public debt and interest), were $142,073,632, being $83,117,682 in excess of 
 the last year of Democratic administration ; or, in other words, the Republican ex- 
 penditures were nearly two and a half times as great as the Democratic expendi- 
 tures. 
 
 But it may be said that our population was much greater in 1875 than it was in 
 1860, and that this accounts for the increased expenses of government. This ex- 
 planation will not suffice. . The population in 1860 was 31,443,321, and the expen- 
 ditures were at the rate of $1.87i P^'' capita. In 1875 the population, as nearly as 
 it can be estimated, was 43,000,000, and the expenditures were at the rate of $3.30' 
 per capita. 
 
 Again, it may be said, that the increase of expenses grew out of the war. This 
 explanation will not answer. In the figures given, and those hereafter given, 
 we exclude the expenditures occasioned by the war — namely, pensions, the public 
 debt and the interest thereon — and confine the comparison to the ordinary expenses 
 of government, namely, the cost of the War, Navy, Indian and Civil Departments 
 in time of peace. The increase in these departments is shown in the following 
 table: 
 
 DETAILS. 
 
 1860. 1875. Increase. 
 
 War Department $16,472,202 $41,120,645 $24,648,443 
 
 Navy 11,514,649 21,497,626 9,982,977 
 
 Indian 2,991,121 8,384,656 5,393,535 
 
 Miscellaneous or civil 27,977,978 71,070,702 43,092,724 
 
 Increase $83,117,679 
 
 But it may be said that the comparison should not be of a single year with a 
 single year, because special circumstances might make such a comparison unfair, 
 and that the only fair mode is to compare a period of several years with a like 
 period. 
 
 SEVEN YEARS BEFORE THE WAR COMPARED WITH SEVEN YEARS SINCE 
 
 THE WAR. 
 
 Let us take a period of seven years of Democratic administration, and compare 
 it with a like period of Republican administration— both periods being years of 
 profound peace. Let us take the seven fiscal years commencing July 1, 1853, 
 and ending June 30, 1860, when the Democracy were in power, and compare 
 them with the seven fiscal years commencing July 1, 1868 (three years after the 
 close of the war), and ending Jime 30, 1875, when the Republicans had unlimited 
 control; and what is the result? The following table shows it: 
 
 July 1, 1853, to June 30, 1860, seven years— 
 
 ORDINARY EXPENDITURES, LESS PENSIONS. 
 
 Fiscal year ending June 30, '54 , $50,734,863 
 
 " ',55 54,838,585 
 
 56 65,476,298 
 
 H 64,730,763 
 
 ,58 71,110,669 
 
 ,59 65,133,728 
 
 60 58,955,952 
 
 $430 980 868 
 Average annual expenditure, $61,568,694. ' * 
 
 Expenditure per capita, $1.94. 
 
510 APPROPllIATIONS AND EXPENDITURES. 
 
 •July 1, 1868, to June 30, 1875, seven years— 
 
 Fiscal year ending June 30, '69 $162,019,733 
 
 '70 136,081,305 
 
 '71 123,139,933 
 
 •' " 72 124,668,454 
 
 " ■ •' '73 151,129,210 
 
 " '74 165,080,570 
 
 " '75 142,073,632 
 
 $1 004 192 837 
 Average annual expenditure, $143,456,119. 
 Expenditure per capita, $3.45. 
 
 All these figures are derived from official sources, and it appears by them that 
 the average annual ordinary expenses of government in seven years of Demo- 
 cratic rule were $61,568,694, while the like average annual expenses in seven years of 
 Republican rule were $143,456,119, being an average annual excess under Repub- 
 lican administration of $81,887,425. 
 
 And this excess cannot be explained by the increase of population, for the ex- 
 •penae per capita in the seven Republican years was $3.45, while in the seven 
 Democratic years it was $1.94. 
 
 Nor can it be explained as necessarily resulting from the war; for there are ex- 
 cluded from the comparison expenses caused by it — namely, pensions, public debt 
 and interest thereon ; and the first of the seven Republican years taken was the 
 third year after the war. 
 
 EXTRAVAGANT INCREASE OP EXPENDITURES — THEY GROW GREATER AS WE 
 RECEDE FROM THE WAR PERIOD. 
 
 An examination of the net ordinary expenditures of the government (exclud- 
 ing always the public debt, interest, principal and premiums, and also excluding 
 pensions) shows a reckless increase as we recede from the war period which is 
 totally inexcusable. And this increase continued up to the advent of the Demo- 
 cratic House of Representatives in 1875. For example, the expenditures for these 
 purposes named were for the fiscal year ended June 30, 1871, one hundred and 
 twenty-three millions one hundred and thirty-nine thousand nine hundred and 
 thirty-two dollars, and in 1876 one hundred and thirty-six millions six hundred 
 thousand four hundred and seventeen dollars — an increase of thirteen millions, 
 four hundred and sixty thousand, four hundred and eighty-five dollars and sixty 
 seven cents ($13,460,485.67), whilst the expenditures for like items for the fiscal 
 year ended June 30, 1874, were one hundred and sixty-five millions eighty thou- 
 sand, five hundred and seventy dollars, being an increase over the year 1871 of 
 forty-one million nine hundred and forty thousand six hundred and thirty-eight 
 dollars and thirty-four cents ($41,940,638.34). 
 
 So it will be seen that the Republican Congresses and administrations con- 
 stantly increased the expenditures from year to year, after the close of the war, 
 and at the same time, that the purchasing power of money was continuously aug- 
 menting! The following is a statement of the net ordinary expenditure of the 
 government (excluding public debt, principal, interest and premiums, and exclud- 
 ing also pensions) from the fiscal year ended June 30, 1871, to the fiscal year 
 ended June 30, 1876, being years appropriated for by a Republican Senate and 
 House of Representatives. 
 Net ordinary expenses exclusive of public debt and pensions : 
 
 For the fiscal year 1871 $133,139,933.00 
 
 1873 134,668,453.43 
 
 1873 151,139,310.04 
 
 1874 165,080,570.34 
 
 1875. 143,073,633.05 
 
 1876 : 136,600,417.67 
 
DEMOCRATIC ECONOMY — REPUBLICAN EXTRAVAGANCE. 
 
 511 
 
 EXPENDITURES APPROPRIATED FOR BY THE FORTY-SECOND AND FORTY-THIRD 
 CONGRESSES, COMPARED WITH FORTY-FOURTH AND FORTY-FIFTH — DEMOCRATIC 
 HOUSE REDUCTIONS. 
 
 In December. 1875, a Democratic House of Representatives came into power, 
 and the attempt was successfully made to cut down extravagant expenditures. 
 The first fiscal years appropriated for by this Democratic House were those ending 
 June 30, 1877, and June 30, 1878. Let us compare these with the two previous 
 years appropriated for by a Congress Republican in both branches. 
 
 The actual net ordinary expenditures, exclusive of the public debt, principal, 
 premiums and interest, and exclusive also of pensions appropriated for by the 
 Forty-third Congress and the Forty-fourth Congress, are as follows : 
 
 Republican Forty-third 
 Congress. 
 
 1875 1143,073,633.05 
 
 1876 136,600,417.67 
 
 Total $378,674,049.73 
 
 Forty-fourth Congress, Democratic 
 House. 
 
 1877---- $116,346,311.01 
 
 1878 107,336,433.07 
 
 Total-- $333,573,644.08 
 
 Here, then, we have stated for each fiscal year the actual net ordinary expendi- 
 tures for the years 1875 and 1876 under the appropriations made by a Republican 
 Congress, against which we place the expenditures for the same purposes for the 
 years 1877 and 1878, under the influence of a Democratic House, showing an actual 
 saving of $55,101,404.64, made under the greatest difficulties placed in the way 
 of retrenchment by a Republican Senate and a Republican administration. 
 
 Now let us compare the expenditures appropriated for by the Forty-second Con- 
 gress, Republican in both branches, and the Forty-fifth Congress, when the House 
 was Democratic : The actual net ordinary expenditures, exclusive of the public 
 debt, principal, premiums and interest, and exclusive also of pensions, appropriated 
 for by the Forty-second and Forty-fifth Congresses, are as follows : 
 
 Republican Forty-second 
 Congress. 
 
 1873 - - -$151,139,310.04 
 
 1874 165,080,570.34 
 
 Forty-fifth Congress, Democratic 
 House. 
 
 1879 - -$136,498,453.14 
 
 *1880 131,994,037.17 
 
 Total $316,309,780.1 
 
 Total $358,493,489.31 
 
 This exhibits a decrease of fifty-sewn millions seven hundred, and seventeen 
 
 thousand dollars in round numbers, or, to be exact, of $57,717,291.07. 
 
 ♦Partly estimated. This includes the bills passed at the first session Forty-sixth Congress, 
 which failed to become laws in Forty-fifth Congress. 
 
 ECONOMY INAUGURATED BY DEMOCRATIC HOUSE. 
 
 Taking the saving effected by the Democratic Houses of the Forty-fourth and 
 Forty-fifth Congresses over the expenditures of the Forty-second and Forty-third 
 Congresses, when both branches were Republican, and adding them together, the 
 total exhibits a saving of one hundred and thirteen millions of dollars in 
 round numbers (or, to be exact, of $113,818,695.71), in the four years, 1877, 1878, 
 1879 and 1880, as compared with the previous four years, 1873, 1874, 1875 and 
 1876. 
 
 DEMOCRATIC REDUCTIONS IN APPROPRIATIONS IN THE FACE OF A REPUBLICAN 
 SENATE AND EXECUTITE. 
 
 So far we have been treating of actual expenditures only. This does not ex- 
 hibit, however, all the reductions that were attempted by the Democratic House, 
 but represents only the amounts of reduction wrung from a Republican Senate 
 
512 APPROPRIATIONS AND EXPENDITURES. 
 
 and Executive after repeated struggles and after most serious opposition in the 
 Republican House, Mr. James A. Garfield being a conspicuous opponent on the 
 floor of the House. In treating of these appropriations at present, we shall only 
 speak of the eleven great appropriation bills, viz. : the Military Academy, Fortifi- 
 cation, Consular and Diplomatic, Navy, Post-Offlce, Pension, 'Indian, Army, 
 Legislative, Executive and Judicial, Sundry Civil, and River and Harbor Bills. 
 The Deficiency and Miscellaneous Bills will be treated of hereafter, and will show 
 a still greater reduction. 
 
 These eleven great bills for the years 1877, 1878, 1879 and 1880, and 1873, 1874, 
 1875 and 1876, appropriated the following amounts : 
 
 42d Congress j 1873 $160,320,113.11 
 
 Republican 1 1874 181,587,054.61 
 
 43d Congress J 1875 177.679,473,77 
 
 Republican | 1876 172,600,205.53 
 
 Total $692,186,847.02 
 
 44tli Congress J 1877 $145,997,956.72 
 
 Dem. House 1 1878 140,384,606.95 
 
 45th Congress] 1879 157,213,933.77 
 
 *Dem. House 1 1880 156,970,248.71 
 
 Total $600,566,746.15 
 
 ♦Includes bills passed at extra session 46th Congree 
 
 These flares, taken from the official records, exhibit a REDUCTION EX- 
 CEEDING NINETY-ONE MILLIONS OF DOLLARS, secured by the efforts of 
 the Democratic House of Representatives in four years in these eleven bills alone, 
 the exact figures being $91,620,100.87. 
 
 Great as these reductions were for a period of four years, they by no means 
 represent all that was attempted by the Democratic House of Representatives in 
 the Forty-fourth and Forty -fifth Congresses. Every measure of economy proposed 
 by the House was fiercely fought by the Republicans in the House at every stage, 
 and a Republican Senate, backed by a Republican administration, refused to 
 sanction the economical measures proposed by the Democratic House. The fol- 
 lowing, in brief, is a statement of the 
 
 RECORD OP ATTEMPTED REDUCTIONS 
 
 by the Democratic House in these eleven bills : 
 For the fiscal year ended June 30, 1877 : 
 
 Estimates of Departments $200,375,553 78 
 
 Appropriations as passed the House 138,080,856 68 
 
 Appropriations as increased by the Senate 157,419,767 36 
 
 Appropriations as reduced by the House 145,997,956 72 
 
 For the fiscal year ended June 30, 1878 : 
 
 Estimates of Departments , 184,182,005 14 
 
 Appropriations as passed the House 131,309,.307 87 
 
 Appropriations as increased by the Senate , 148,988,885 75 
 
 Appropriations as reduced by the House 140,384,606 95 
 
 For the fiscal year ended June 30, 1879 : 
 
 Estimates df Departments 176,226,348 31 
 
 Appropriations as passed the House 147,687,739 94 
 
 Appropriations as increased by the Senate 161,852,269 41 
 
 Appropriations as reduced by the House 157,213,933 77 
 
 For the fiscal year ended June 30, 1880 : 
 
 Estimates of Departments 159,861,836 58 
 
 Appropriations as passed the House 153,331,949 01 
 
 Appropriations as increased by the Senate 160,475,194 97 
 
 ♦Appropriations as reduced by the House 156,970,248 71 
 
 Total Estimates of Departments for 1877, 1878, 1879 and 1880 720,645,743 81 
 
 Total as passed Democratic House for 1877, 1878, 1879 and 1880 574,048.152 70 
 
 Total as increased by Republican Senate for 1877, 1878, 1879 and 1880 628,736,117 49 
 
 Total as reduced by Democratic House for 1877, 1878, 1879 and 1880 600,566,746 15 
 
 ♦Included bills passed at extra session Forty -sixth Congress. 
 
 If the Republican Senate had concurred with the Democratic House in passing 
 these bills as they originally passed the House, there would have been 
 
 A SAVING OF $146,597,591.11. 
 as compared with the profligate estimates and demands of the Republican officials, 
 while there would have been an 
 
DEMOCRATIC ECONOMY REPUBLICAN EXTRAVAGANCE. 513 
 
 ACTUAL SAVING OP $118,138,694.32. 
 
 in these eleven bills for four years— 1877, 1878, 1879 and 1880— as compared with 
 the appropriations in the same eleven bills for the years 1873, 1874, 1875 and 1876. 
 
 APPROPRIATIONS MADE AT SECOND SESSION, FORTY-SIXTH CONGRESS, FOR FISCAL. 
 YEAR ENDING JUNE 30, 1881. 
 
 The book of estimates is made up from the estimates made by the various de- 
 partments, and is sent to the Secretary of the Treasury for revision and approval. 
 It is then presented to Congress at the beginning of each regular session, as the 
 estimates of the administration for appropriations necessary to defray the ex- 
 penses of the government for the incoming fiscal year. Congress is in no way 
 responsible for the expenditures, and yet, at the end of each fiscal year, the ad- 
 ministration brings in long lists of deficiencies, which represent expenditures 
 made by the administration in excess of the appropriations and in violation of law. 
 
 The regular estimates presented to Congress through the Secretary of the 
 Treasury for the fiscal year ending June 30, 1881, amount to $184,559,042.17, to 
 which must be added the sum of $8,500,000.00 for estimates sent in by the admin- 
 istration to the Committeee of Appropriations, and the sum of $11,000,000.00 sent 
 in to the Committee on Commerce at various times, thus swelling the grand total 
 of estimates for the fiscal year ending June 30, 1881, to $204,059,042.17. The 
 thirteen great appropriation bills, viz. : The Pension, Military Academy, Fortifica- 
 tions, Consular and Diplomatic, Navy, Post-Ofiice, Indian, Army, Legislative, 
 Executive and Judicial, Sundry Civil, River and Harbor, District of Columbia, 
 and Agricultural (the last two appearing for the first time as separate bills), amount- 
 ed to $168,730,945.04. All the appropriations made (including miscellaneous) 
 for all net ordinary expenses, arrears of pensions, etc., and excluding only per- 
 manent annual appropriations for the public del)t, the total for the fiscal year 
 ending June 30, 1880, were $186,404,959.30, while the estimates amounted 
 to $204,059,042.17. Thus the estimates of the Republican departments exceeded 
 the appropriations by $17,654,082.87. This reduction was secured by Demo- 
 cratic votes, the Republicans uniformly arguing and voting for increased ex- 
 penditures. 
 
 From this grand total of appropriations, $186,404,959.30, the sum of at least 
 $18,000,000.00 should be deducted, as having been appropriated for unusual or 
 exceptional objects, not annually provided for, such as the item of $14,000,000.00 
 for arrears of pensions, $218,000.00 to provide clerical force connected with the 
 arrears of pensions, &c. Of the whole amount appropriated, $26,826,000 was for 
 the arrears of pensions. In addition, another unusual item, not occurring an- 
 nually, amounts to $2,960,000, for taking the census, and there are additional un- 
 usual items for monuments, military posts, etc., making the sum total of unusual 
 items amount to $18,000,000.00, which, taken from the grand total, leaves 
 $168,404,959.80 as the sum of the net ordinary appropriations (including certain 
 deficiencies) for the next fiscal year. 
 
 If the sum of one-half million, which is in excess of the usual appropriations 
 for new public buildings, and of $3,000,000, which is in excess of the average 
 amount appropriated for rivers and harbors in the Forty-third and other Con- 
 gresses, should be added to the $18,000,000 of extraordinary appropriations, we 
 would then have $21,500,000 of unusual appropriations, which, deducted from the 
 grand total, would leave less than $165,000,000 as the true net ordinary appropria- 
 tions for the next fiscal year. In this sum of $165,000,000 more than liberal 
 allowances are made for public buildings, national cemeteries, life-saving service, 
 
514 
 
 APrROPRfATIONS AND EXPENDITURES. 
 
 light-houses and Federal courts. The net ordinary appropriations for the first 
 year of the Forty-third Congress, the last term that the distinguished gentleman 
 from Ohio, now the Republican nominee for President, sei-ved as Chairman of the 
 Committee on Appropriations in this House, were $184,304,789.08. The appro- 
 priations, ordinary and extraordinary, amount to $186,405,058, from which deduct, 
 for reasons just given, $21,500,000, and there remains $164,905,058, or nearly 
 $30,000,000 less for the net ordinary appropriations for 1881 than were appropriated 
 for 1875. 
 
 It is proper to place in the same category of "unusual or extraordinary" the 
 item of $1,200,000 of deficiency for star service, so called, which would have 
 brought down the appropriations for net ordinary expenditures, including those 
 less abnormal and vastly more legitimate, to $163,705.58. In making these appro- 
 priations due and scrupulous regard has been had to the proper and legitimate 
 demands of the public service. No estimate has escaped notice and scrutiny, and 
 without partisan or other prejudice eveiy consideration has been given to the facts 
 in each case, and such appropriations have been made as the needs of the public 
 service in every branch of it seemed to require. Large increases were made in 
 the pension, adjutant-general's, surgeon-general's and second auditor's offices 
 each, on account of the disposition of Congress to facilitate those Bureaus in 
 expediting the adjustment and settlement of the claims of soldiers for pensions 
 and bounties. Some additions were made to the force in the Patent Office to faci- 
 litate the work in that bureau in perfecting and issuing patents to the inventors of 
 our country, who seem to excel the citizens of all other countries in their invent- 
 ive genius and skill. In the Post-Office Department a heav}^ increase of force has 
 been made, owing to the immense growth and expansion of that most important 
 branch of the public sei-vice ; the growth being now about 14 per cent. , as against 
 a year or two back, when it was about 7 per cent. Considerable increase has been 
 made in the appropriations for the Internal Revenue Bureau on account of its 
 growth and its constantly augmenting incomes. So in other branches some 
 increase has been made, but in no instance has more been granted by the House 
 than has bfcen asked by the government ; where the force has been wanted to 
 facilitate the settlement of pension claims all demands of the departments have 
 been fully met by Congress. 
 
 REDUCTIONS IN ONLY POLITICAL DEPARTMENT CONTROLLED BY THE DEMOCRATS. 
 
 It is well known that the Folding Room of the House of Representatives was 
 used by the Republicans for their party purposes. It is there where frankable 
 speeches and documents are folded during a campaign. An examination of the 
 subjoined table shows the great reduction made by the Democratic House in 
 this item. 
 
 Statmient ahowlnij Uie cost of employees, and for folding, of the House of Representatives, 
 for the Forty-second, Forty-third, Forty-fotorth and Forty-fifth Corujresses; tJvB first 
 two v;ere RepuUican, and of the last two the House V)as Democratic. 
 
 Folding 
 Documents. 
 
 42d 
 Congress. 
 
 43d 
 
 Congress. 
 
 Total. 
 42d & 43d 
 Congresses 
 
 44th 
 
 Congress. 
 
 45th 
 
 Congress. 
 
 Total 
 44th & 4.5th 
 Congresses. 
 
 $237,000 
 
 $97,150.49 
 
 $334,150.49 
 
 $44,250 
 
 $62,800 
 
 $107,050 
 
 Reduction 
 
 made by 
 
 44th & 45th 
 
 Congresses. 
 
 $227,100.49 
 
DEMOCKATIC ECONOMY REPUBLICAN EXTKAA'AGANCE. 
 
 515 
 
 For example : Take the Forty-second Congress, which began in December, 
 1871, and ended in March, 1873. This Congress was the one which sat during the 
 year of the Presidential election of 1873, and in the Folding ]loom was done the 
 campaign work of the Republican party. In that Congress the Folding Room 
 cost $337,000, whilst the Folding Room, as operated by the Democratic House of 
 Representatives in the Forty-fourth Congress, during the Presidential election of 
 1876, cost but $44,350, a reduction of $193,750, or a reduction exceeding four 
 hundred and thirty-five per cent. 
 
 The aggregate of the expenses of the Folding Room of the House of Repre- 
 sentatives for the Forty-second and Forty-third Congresses — both Republican — 
 reached $334,150.49, whilst that for the Democratic House of Representatives for 
 the Forty-fourth and Forty-fifth Congresses aggregated but $107,050, a reduction 
 of $337,100.49. 
 
 APPROPRIATIONS FORTV-SECOND AND FORTY-THIRD CONGRESSES. 
 
 Detailed statement of the 11 Appropriation Acts for the fiscal years 1873, 1874, 1875 and 1876 , 
 passed by the Forty-second and Forty-third Congresses (Republican in both branches), James A, 
 Garfield then being Chairman of the Committee of Appropriations. 
 
 Title or Act. 
 
 Military Academy. . . 
 
 Fortifications 
 
 Consular & Diplomatic 
 
 Navy 
 
 Post-Oflice 
 
 Pensions 
 
 Indian . . 
 
 Army 
 
 Legislative, Executive, 
 
 and Judicial 
 
 Sundry Civil 
 
 River and Harbor 
 
 Total 
 
 Fiscal Year. 
 1873. 
 
 Fiscal Year. 
 
 1874. 
 
 Fiscal Year. 
 1875. 
 
 $326,10132 
 
 •2,037,000 OOi 
 
 1,219,659 00; 
 
 18,296,733 95 
 
 28,519.341 84; 
 
 30,48o;ooo oo; 
 
 6,349,402 04l 
 28,683,615 32, 
 
 S344.317 56 
 1,899,000 00 
 1,311,359 00 
 22,276.257 65 
 32,529.167 00 
 30,480,000 00 1 
 5*541,418 90 
 31,796,008 81 1 
 
 Fiscal Year. 
 1876. 
 
 Aggregate for 
 fiscal years '73, 
 '74, '75 and '76. 
 
 $339,835 00, 
 904,000 00 
 
 3,404,804 OOl 
 20,813,946 20, 
 35,7.56,091 00 
 29,980,000 00 
 
 5,680.651 96 
 
 18,671,785 74 17,120,496 60 
 20,148.413 90: 32,186.129 09 
 5,588.000 00 6,102,900 00 
 
 $160,320,113 11 
 
 $181,587,054 61 
 
 27,788,500 00 
 
 20,783,900 80 
 
 27,009.744 81 
 
 5,218,000 00 
 
 $17 
 
 ),473 77 
 
 $364,740 00 
 850,000 00 
 
 1,374,9S5 00 
 17,001,006 40 
 37,524.985 00 
 30,000.000 00 
 
 5,360,554 55 
 27,933,830 00 
 
 18,902.236 99 
 
 26,644,350 09 
 
 6,643,517 50 
 
 $172,600,205 53 
 
 $692,186,847 02 
 
 APPROPRIATIONS FIRST SESSION FORTY-FOURTH CONGRESS. 
 
 History of the eleven Appropriation Bills for the stcpport of the Government for the fiscal year 
 ended June 30, 1877, passed at the first scssioii of the Forty-Jourth Congress. 
 
 Title of Bills. 
 
 Estimates of jBills as passed Bills as passed ; t „,., t^-^ iQ^y-- 
 Departments. the House. the Senate. -i-aw tor I87v . 
 
 Military Academy 
 
 Fortifications 
 
 Consular and Diplomatic 
 
 Navy 
 
 Post-Ofiice 
 
 Pensions 
 
 Indian 
 
 Army ! 33,348,740 50 
 
 Legislative, Executive and Judicial 20,836,307 00 
 
 Sundry Civil i ,32,560,475 29 
 
 River and Harbor , 14,301,100 00 
 
 $487,470 00 
 3,406,000 00 
 1,3.52,485 00 
 20,871,666 40 
 37,939,805 99 
 29,533,500 00 
 5.787,995 60 
 
 Total 1 $200,425,545 78 $143,080,856 68i $157,419,767 36 1 $145,997,956 72 
 
 $259,231 
 
 315,000 
 
 912,747 
 
 12,43 ?,855 
 
 33,739,109 
 
 29.533,500 
 
 3,979,602 
 28.179,819 
 12,998,815 
 14,857,326 
 
 5,872,850 
 
 $308,841 00 
 315,000 00 
 
 1,341,647 50 
 14,857,855 40 1 
 36,796,850 00 
 29,533,500 00 
 
 4,958,361 27 
 27,715,877 20 
 16,635.338 00 
 19,956,496 99 
 
 5,000,000 001 
 
 $290,065 00 
 315.000 00 
 
 1,187,197 50 
 12,742,155 40 
 34,585,701 00 
 29,533,500 00 
 
 4,572,762 01 
 25,987,167 90 
 15,417,93;^ 33 
 16,351,474 58 
 
 5,015,000 00 
 
516 
 
 APPROPRIATIONS AND EXPENDITURES. 
 
 APPROPRIATIONS SECOND SESSION FORTY-FOURTH CONGRESS. 
 
 oftJie eleven Appropriatwn Bills for the support of the Oovemmentfor tJie fiscal year 
 ended June 30, 1878, passed at the second session of the Forty-fourth Congress. 
 
 Title of Bills. 
 
 Estimates of 'Bills as passed 
 Departments. | the House. 
 
 ^lUlSL"*^ I-- '«»«». 
 
 Military Academy 
 
 Fortifications 
 
 Consular and Diplomatic 
 
 Navy 
 
 Post-Offlce 
 
 Pension 
 
 Indian 
 
 Army 
 
 Legislative, Executive and Judicial. 
 
 Sundry Civil 
 
 River and Harbor 
 
 Total 
 
 $395,080 00 
 2,828,000 00 
 1,245,997 00 
 19,430,012 69 
 36,723,432 43 
 28,533,000 00 
 5,342,890 12 
 31,896,915 90 
 18,192,431 68 
 26,974,105 82 
 13,220,100 00 
 
 $184,182,005 14 
 
 $265,161 00 
 250,000 00 
 
 1,137,085 00 
 12,497,952 40 
 32,221,618 00 
 28,533,500 00 
 
 4,439,499 12 
 21,993,749 00 
 14,523,935 50 
 15,446,807 35 
 
 $299,505 00 
 350,000 00' 
 
 1,138,097 50 
 17,049,452 40 
 34,993,590 OOl 
 28,538,500 OOi 
 
 5,154,935 69! 
 26,188,870 50 
 16,311,986 89! 
 18,968,947 77 
 
 $286,604 00 
 
 275,000 oa 
 
 1,138,374 50 
 13,541,024 40 
 33,584,143 00 
 28,533,000 00 
 
 4,829,865 69 
 25,612,500 00 
 15,450,345 3a 
 17,133,750 06 
 
 $131,309,307 37 
 
 $148,988,885 75 1 $140,384,606 96 
 
 APPROPRIATIONS FIRST AND SECOND SESSIONS FORTY-FIFTH CONGRESS. 
 
 History of the eUven App^'opHation Bills for the support of the Oovernment for the fiscal year 
 ending June 30, 1879, passed by the Forty-fifth Congress, first and second sessions. 
 
 Title of Bills. 
 
 Estimates of 
 Departments. 
 
 Bills as passed 
 the House. 
 
 Bills as passed 
 the Senate. 
 
 Law for 1879. 
 
 Military Academy I $540,425 00 
 
 Fortifications 850,000 00 
 
 Consular and Diplomatic 1,214,397 50 
 
 Navy 16,233,234 40 
 
 Post-Offlce 36,427,771 00 
 
 Pensions • . . . . i 29,500,000 00 
 
 Indian ' 5,415,891 20 
 
 Army t 31,597,270 68 
 
 Legislative, Executive and Judicial i 16,205,-572 41 
 
 Sundry Civil \ 24,939,186 12 
 
 River and Harbor i 13,302,600 00 
 
 $265,155 00 
 275,000 00 
 
 1,038,435 00 
 14.038.684 00 
 33,140.373 00 
 29,371,574 00 
 
 4,769,475 70 
 24,913,787 18 
 14,991,370 00 
 17,590,786 06 
 
 7,293,700 00 
 
 Total i$176,326,348 31 $147,687,739 94 
 
 $348,621 
 275,000 
 
 1,120,635 
 14,249,528 
 33,996,373 
 29,406,574 
 
 4,721,475 
 25,937,986 
 15,598,184 
 27,851,891 
 
 8,346,000 
 
 $161,852,269 41 
 
 $282,805 00 
 275,000 00 
 
 1,076,135 00 
 14,151,603 70 
 33,256,373 00 
 29,371,574 00 
 
 4,721,275 70 
 25,583,186 01 
 15,438,881 30 
 24,750,100 06 
 
 8,307,000 00 
 
 $157,213,933 77 
 
 APPROPRIATIONS THIRD SESSION FORTY-FIFTH CONGRESS. 
 
 History of the principal Appropriation Bills, 1879-80, passed at the third session of the Forty- 
 fifth Congress, and the first session oftlie Forty-sixth Congress. 
 
 Title. 
 
 Estimates. 
 
 As passed 
 House. 
 
 Pass'd Senate. 
 
 Law 
 
 for 1880. 
 
 Military Academy 
 
 Fortifications 
 
 Consular and Diplomatic. 
 
 Navy 
 
 Post-Office 
 
 Pension 
 
 Indian 
 
 Army 
 
 Legislative, &c 
 
 Sundry Civil 
 
 River and Harbor 
 
 $411. 
 
 1,000, 
 
 1,178! 
 14,187: 
 36,57i: 
 29,616, 
 
 4,933, 
 29,084. 
 16,520, 
 21,342, 
 
 5,015. 
 
 790 09 
 000 00 
 635 00 
 381 45 
 900 00 
 000 00 
 244 20 
 500 00 
 601 91 
 783 93 
 000 00 
 
 $316,647 
 . 275,000 
 
 1,045,735 
 14,018,468 
 35,914,400 
 29,366,000 
 
 4,681,278 
 26,747,300 
 18,184,553 
 16,945,965 
 
 5,836,600 
 
 $322,347 
 
 500,000 
 
 1,127,835 
 
 14,104,968 
 
 37,348,400 
 
 29,366,000 
 
 4,740,035 
 
 26,797,300 
 
 18,484,823 
 
 19,690,384 
 
 7,993,100 
 
 $319, 
 275. 
 
 1,087, 
 14,029. 
 36,121, 
 29,366 
 
 4,713 
 26,797 
 16,287, 
 18,394 
 
 9,577, 
 
 547 33 
 000 00 
 8:35 00 
 968 95 
 400 00 
 000 00 
 478 58 
 300 00 
 457 73 
 766 51 
 494 61 
 
 Total $159,861,aS6 58 
 
 $153,331,949 01 $160,475. 194 97 1 $156,970,248 71 
 
DEMOCRATIC ECONOMY REPUBLICAN EXTRAVAGANCE. 
 
 517 
 
 FORTY-FOURTH AND FORTY-FIFTH CONGRESSES. 
 
 Aggregate of the 11 great Appropriations Bills passed by the Forty-fourth and 
 Forty-fifth Congresses (Democratic House of Representatives), appropriating for 
 the fiscal years ended June 30, 1877, 1878, 1879, and 1880, showing: 1st. Estimates 
 of the Departments; 2d. Bills as they passed the Democratic House; 3d. Bills 
 as increased by the Republican Senate ; 4Lh. Bills as finally enacted. 
 
 Title of Act. 
 
 Military Academy 
 
 Fortifications 
 
 Consular and Diplomatic 
 
 Navy 
 
 Post-Offlce 
 
 Pensions 
 
 Indian 
 
 Anny 
 
 Legi8lative,Executive <fc Judicial 
 
 Sundry Civil 
 
 River and Harbor 
 
 Total 
 
 1877, 1877, 1879, 1877, 1878, 1879, 
 
 1880. 1880. 
 
 Estimates of the Bills as passed 
 Departments. the House. 
 
 $1,784,765 00 
 7,484,000 00 
 4,991,505 00 
 
 70,722,294 94 
 147.662,909 42 
 117,182,500 00 
 
 21,480,030 12 
 125,937,435 08 
 
 71,754,913 00 
 105,816,581 16 
 
 45,838,800 00 
 
 $720,655,733 72 
 
 $1,106,194 33 
 
 1,115,000 00 
 
 4,134,002 50 
 
 52,987,960 75 
 
 135,015,500 00 
 
 116,804,574 00 
 
 17,869,855 51 
 
 96,834,655 70 
 
 60,698,674 71 
 
 64,840,285 50 
 
 19,003,150 00 
 
 $570,409,853 00 
 
 3 
 
 1877, 1878, 1879, 
 
 1880. 
 
 Bills as passed 
 
 the Senate. 
 
 $1,279,314 79 
 
 1,440,000 00 
 
 4,728,215 00 
 
 60,264,805 45 
 
 143,135,213 00 
 
 116,839,594 00 
 
 18,863,932 23 
 
 106,640,033 71 
 
 67,030,332 70 
 
 86,467,720 35 
 
 21,279,100 00 
 
 Laws for 
 
 1877, 1878, 1879, 
 
 1880. 
 
 $1,179,021 33 
 
 1,140,000 00 
 
 4,489,542 00 
 
 54,464,7.52 45 
 
 137,547,617 00 
 
 116,804,074 00 
 
 18,837,381 98 
 
 103,980,153 91 
 
 62,594,617 66 
 
 76,630,091 21 
 
 22,899,494 61 
 
 $627,968,261 23 $600,566,746 15 
 
 DEMOCRATIC HOUSE REDUCTIONS. 
 
 Aggregate of Reductions in the 11 great appropriations for the support of the 
 government for the fiscal years 1877, 1878, 1879 and 1880 (passed by a Democratic 
 House), showing : 
 
 1st, Reductions made in bills as originally passed the House of Representatives 
 under the amounts estimated for by the Departments ; 2d, The amounts added 
 by the Republican Senate ; 3d, Reductions under amounts appropriated for the 
 years 1873, 1874, 1875 and 1876, Congress then being Republican in both branches. 
 
 Title op Act. 
 
 Military Academy . 
 Fortifications 
 
 Consular and Diplomatic 
 
 Navy 
 
 Post-Office . .' 
 
 Pensions 
 
 Indian 
 
 Army '. 
 
 Legislative, Executive and Judicial. 
 
 Sundry Civil 
 
 Biver and Harbor 
 
 Reductions made by 
 the House under 
 the Amount Esti- 
 mated for by the 
 Departments. 
 
 $678,570 67 
 
 6,369,000 00 
 
 857,502 50 
 
 17,734,334 19 
 
 12,647,409 42 
 
 377,926 00 
 
 3,610,174 61 
 
 29,102,779 38 
 
 11,056,238 29 
 
 40,976,295 66 
 
 26,835,650 00 
 
 Amounts added to 
 the House Bills by 
 the Senate. 
 
 $173,120 46 
 
 325,000 00 
 
 594,212 50 
 
 7,276,844 70 
 
 8,119,713 00 
 
 35,020 00 
 
 994,076 72 
 
 9,805,378 01 
 
 6,331,657 99 
 
 21,627,434 85 
 
 2,275,950 00 
 
 House Reductions 
 for four years ; 
 1877, 1878, 1879 
 and 1880. Under 
 four years ; 1873, 
 1874, 1875 and 1876 
 
 $268,799 55 
 4,575,000 00 
 3,176,804 50 
 25,399,983 45 
 * 
 
 4,135,426 00 
 5,062,231 94 
 19,367,298 43 
 14,779,745 43 
 41,148,352 39 
 4,549,267 50 
 
 Lees increase. 
 
 $150,245,880 72 
 
 $57,558,408 23 
 
 $122,462,909 18 
 *685,915 16 
 
 $121,776,994 03 
 
 DEMOCRATIC LAW REDUCTIONS. 
 
 For the 44th and 45th Congress (Republican Senate and Democratic House of 
 Representatives), in the appropriations for the fiscal years ended June 30, 1877, 
 1878, 1879 and 1880. 
 
 1. — Under the amounts estimated for by the Republican administration. 
 
518 
 
 APPEOPRIATIONS AND EXPENDITURES. 
 
 2. —Increased amounts added by the Republican Senate to the bills as they 
 passed the Democratic House. 
 
 3.— Actual reductions in the laws for 1877, 1878, 1879 and 1880 under laws 
 for 1873, 1874, 1875 and 1876. 
 
 Title of Acts. 
 
 Military Academy 
 
 Fortifications 
 
 Consular and Diplomatic 
 
 Navy 
 
 Post-Office 
 
 Pension 
 
 Indian 
 
 Army 
 
 Legis., Ex. and Judicial. . 
 
 Sundry Civil 
 
 River and Harbor 
 
 1. 
 
 Reduction under 
 the amounts 
 
 estimated for by 
 
 the Deparments, 
 for the fiscal 
 
 years ended June 
 30, 1877, 1878, 
 1879 and 1880. 
 
 S605. 
 
 6,344, 
 
 501. 
 
 16,257; 
 
 10,115; 
 
 378, 
 
 2,642, 
 21,957. 
 
 9,160, 
 29,186, 
 
 743 67 
 000 Oo 
 953 00 
 .^42 49 
 292 42 
 426 00 
 648 14 
 281 17 
 295 34 
 489 95 
 305 39 
 
 $120,088,987 57 
 
 2. 
 
 Increased 
 amount secured 
 
 by action of 
 the Senate over 
 bills as passed 
 by the House 
 for fiscal years 
 ended June 30, 
 1877, 1878, 1879 
 and 1880. 
 
 $72,827 00 
 25,000 00 
 
 355,539 50 
 1,476,791 70 
 2,532,117 00 
 
 967,526 46 
 
 7,145,498 21 
 
 1,895,942 95 
 
 11,789.805 71 
 
 3,896,344 61 
 
 $30,157,393 15 
 Less increase.. 
 
 Net Reduction 
 
 3. 
 
 Reductions in 
 
 laws for 
 1877, 1878, 1879 
 and 1880, under 
 
 laws for 
 
 1873, 1874, 1875 
 
 and 1876. 
 
 $195 
 4,550, 
 
 2,821 ; 
 
 23,923 
 
 ,972 55 
 000 00 
 265 00 
 191 75 
 
 4,135, 
 
 4,094; 
 
 12.221, 
 
 12,883; 
 
 29,358. 
 
 652; 
 
 926 00 
 ,705 47 
 800 22 
 802 47 
 546 68 
 
 $94,838,133 03 
 3,218,032 16 
 
 $91,620,100 87 
 
 Increase. 
 
 $3,218,032 1& 
 
 $3,218,032 16 
 
 *$500. 00 decrease. 
 
DEMOCRATIC ECONOMY REPUBLICAN EXTRAVAGANCE 519. 
 
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 APPROPRIATIONS AND EXPENDITURES. 
 
 
 
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DEMOCRATIC ECONOMY REPUBLICAN EXTRAVAGANCE. 
 
 521 
 
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DEMOCRATIC ECONOMY REPUBLICAN EXTRAVAGANCE. 
 
 523 
 
 CIVIL LIST AND NET ORDINARY EXPENDITURES OP THE UNITED STATES GOV- 
 ERNMENT, BY PERIODS OF FOUR YEARS, AND ADMINISTRATIONS FROM THE 
 ORGANIZATION OP THE GOVERNMENT. 
 
 Administration. 
 
 Datbs. 
 
 Civil List. 
 
 Net Ordinary 
 Expenditures. 
 
 1 Washington 
 
 1789 to Dec. 31, 1792 
 4 years, Dec. 31, 1796 
 4 years, Dec 31, 1800 
 4years, Dec. 31, 1804 
 4year!^, Dec, 31, 1808 
 4 years, Dec. 31, 1812 
 4 years, Dec. 31, 1816 
 4years, Dec. 31, 1820 
 4years, Dec. 31,1824 
 4 years, Dec. 31, 1828 
 4 years, Dec. 31, 1832 
 4 years, Dec. 31, 1836 
 4 years, Dec. 31, 1840 
 4 years, June 30, 1845 
 4years, June 30, 1849 
 4 years, June 30, 1853 
 4 years, June 30, 1857 
 4 years, June 30, 1861 
 4 years, June 30, 1865 
 4 years, June 30, 1869 
 4 years, June 30, 1873 
 4 years, June 30, 1877 
 
 $1,138,052 03 
 
 1,607,969 07 
 
 2,329,433 08 
 
 2,297,648 17 
 
 2,616,772 77 
 
 2,887,197 98 
 
 3,768,342 61 
 
 4,494,606 42 
 
 4,665,602 11 
 
 5,271,124 34 
 
 6,081,307 73 
 
 7,659,086 86 
 
 9,899,496 58 
 
 11,508,546 86 
 
 10,615,571 14 
 
 14,214,458 90 
 
 25,036,171 74 
 
 25,180,671 33 
 
 30,765,508 71 
 
 66,412,391 61 
 
 69,989,774 16 
 
 69,313,353 23 
 
 $3,797,493 20 
 
 2 Washington 
 
 12,093,205 35 
 21,348,351 19 
 17,174,432 96 
 
 
 4 Jefferson . .... 
 
 
 25,926,355 72 
 36,117,357 98 
 
 6 Madison 
 
 7 Madison 
 
 108,537,086 89 
 
 8 Mnnroe...7 
 
 57,698.0S7 71 
 
 9 Muuroe 
 
 45,665,421 88 
 
 10 J. O. Adams 
 
 11 Jackson 
 
 12 Jackson 
 
 50,501,913 31 
 56,270,480 62 
 89,522,286 68 
 
 13 Van Buren 
 
 121,729,801 16 
 
 
 104,360,163 10 
 
 15 Polk 
 
 165,381,026 34 
 
 16 Taylor 
 
 165,684,050 48 
 
 17 Pierce , 
 
 18 Buchanan 
 
 232,820,632 35 
 261,165,809 62 
 
 19 Lincoln 
 
 3,176,017,346 93 
 
 20 Johnson 
 
 1,012,420,202 14 
 
 21 Grant 
 
 656.066,892 39 
 
 22 Grant . . ; 
 
 684,716,609 91 
 
 
 
 For one year ending June 30, 
 Hayes 
 
 1878: 
 
 15,450,345 30 
 15,430,781 30 
 16,287,457 73 
 
 153,608,681 28 
 
 
 June 30, 1879 
 June 30, 1880 
 
 163,406,493 27 
 161,360,037 17 
 
 ARMY, NAVY AND PENSION APPROPllIATIONS. 
 
 It is not infrequently the case that the charge is made by Republicans in Con- 
 gress and by the Republican press that the Democracy are not disposed to make 
 liberal appropriations for the army and navy and for the pensions of soldiers. As 
 facts and figures are more convincing than argument and expostulation, we sub- 
 mit the following table carefully prepared from the statutes: 
 
 APPROPRIATIONS ON ACCOUNT OP THE ARMY, NAVY AND PENSIONS FOR THE 
 TEN FISCAL YEARS COMMENCING 1871 AND ENDING 1880. 
 
 Years. 
 
 Army. 
 
 Navy. 
 
 Total Army 
 and Navy, 
 
 Pensions. 
 
 Total each 
 Year. 
 
 1871 
 
 $29,321,367 22 
 27,719,580 00 
 28,6a3,615 32 
 31,796,008 81 
 27,788,500 ) 
 27,933,830 00 
 25,987,167 90 
 25,612,500 00 
 25,593,486 01 
 26,788,300 00 
 15,675,447 00 
 
 $19,250,290 29 
 19,832,317 25 
 18,296,733 95 
 22,276,257 65 
 20,813,946 20 
 17,001,006 40 
 12,742,1.55 40 
 13,541,024 40 
 14,152,603 70 
 14,029,968 95 
 7,630,160 00 
 
 $48,571,657 51 
 47,551,897 25 
 46,980,349 27 
 54,072,266 46 
 48,602,446 20 
 44,934,836 40 
 38,729,323 30 
 39,153,524 40 
 39,746,089 71 
 40,818,268 95 
 23,305,607 00 
 
 $30,000,000 00 
 29,050,000 00 
 30,480,000 00 
 30,480,000 00 
 29,!'8O,0O0 00 
 30,000,000 00 
 29,533,500 00 
 28,533,000 00 
 29,-371,574 00 
 56,233,200 00 
 9,930,000 00 
 
 $78,571,657 51 
 76,601,897 25 
 77,460,349 27 
 84,552,266 46 
 78,.582 446 20 
 
 1872 
 
 1873 
 
 1674 
 
 1875 
 
 1876 
 
 74,934,836 40 
 68,262,823 30 
 
 1877 
 
 1878 
 
 1879 
 
 1880 
 
 67,686,524 40 
 69,117,663 71 
 97,051,468 95 
 33,2:35,607 00 
 
 Deficiencies.... 
 
 Grand Totals... 
 
 $292,899,802 26 
 
 $179,566,464 19 
 
 $472,466,266 45 
 
 $333,591,274 00 
 
 $806,057,540 45 
 
 Estimating the average population of the country for the past ten years at 
 44,807,000, a liberal estimate, the pei' capita cost of the army during that period 
 has been $6.53, of the Navy $4.01, and of pensions $7.44, or $17.98 for the three 
 combined, which is equal to a per annum cost pei' capita ©f $1.79. 
 
524 PATRONAGE OF THE UNITED STATES GOVERNMENT. 
 
 PATRONAGE OF THE UNITED STATES . 
 GOYERNMENT. i 
 
 [From the Express Almanac.'\ 
 
 It will be seen from the following table that the Navy Department contains a 
 list of only one hundred and twenty-eight civilians in its employ. It is difficult 
 to account for this glaring omission, but by accepting the statement of a politi- 
 cian who remarked that (politically) a late Secretary of the Navy "knew how to 
 run his department." A careful estimate of the number of civil employees in 
 this department, shows that in times of peacr, wtich means that portion of the 
 year in which elections do not occur, it does not vary much from 10,500. 
 
 In the table of Post-Office Department, page i)0, the total number of employees, 
 as recorded in the "Official Register," is 63,672. This is probably only about 
 two-thirds of the number of persons (contractors excepted) who are employed, 
 directly and indirectly, in this branch of the government service. In giving its 
 list of employees, this department only records those which it directly pays, and 
 has no definite knowledge of the deputy clerks, which are generally hired by 
 postmasters. It has been estimated by some officers in the Postmaster-General's 
 office that the number of deputy clerks in post-offices are equal to the number of 
 postmasters, or an average of one to each post-office in the country. As the 
 number of postmasters at the close of the present fiscal year was 40,855, this 
 would swell the patronage of the Post-office Department to the enormous figures 
 of 100,000 employees. But, casting this estimate aside, the number officially 
 known to the department, as recorded in table on page 30 of Official Register, 
 is 766,500. 
 
 In the Treasury Department, the tables on page 29, are short over three thou- 
 sand names, as compared to the number which were employed at the end of the 
 present fiscal year. 
 
 In the Judiciary Department, the " Register " contains the record of only six- 
 ty-five United States marshals, and not one supervisor of elections. A careful 
 estimate shows that there are, altogether, fully 2,500 deputy marshals and clerks 
 in marshals' oflices. It is also not an overestimate to say that in times of Con- 
 gressional elections there are about six thousand United States supervisors. In 
 addition to all these, there are some five thousand men employed in the different 
 international improvements prosecuted by the government. Taking all these 
 facts, we have the following as the total of the patronage of the national admin- 
 istration : 
 
PUBLIC DEBT PRINCIPAL AND INTEREST. 525 
 
 Number of Employees recorded in ' ' Register " 74,431 
 
 Deficiency as to Naval Department 10,500 
 
 Deficiency as to Post-OfBce Department 6,500 
 
 Deficiency as to Treasury Department _ 3,000 
 
 Deficiency as to Deputy Marshals and Clerks. 2,500 
 
 Deficiency as to Supervisors of Election 6,000 
 
 Deficiency as to Employees on Internal Improvements 5,000 
 
 Total - - 107,931 
 
 INTEREST ON THE PUBLIC DEBT. 
 
 The interest paid on the public debt for the fiscal years from 1873 to 1879 in- 
 clusive, is, according to the official report of the Secretary of the Treasury, as fol- 
 lows: 
 
 1873 $104,750,688 44 
 
 1874 107,119,815 31 
 
 1875 103,093,544 77 
 
 1876 100,243,271 23 
 
 1877 . 97,124,511 58 
 
 1878 - - 102,500,874 05 
 
 1879..-. .- 105,327,949 00 
 
 PRINCIPAL OF THE PUBLIC DEBT. 
 
 In the oMcial report of the Secretaiy of the Treasury is the following statement 
 of outstanding principal of the public debt on July 1st, from 1869 to 1879, in- 
 clusive : 
 
 1869. $2,588,452,213 94 
 
 1870 2,480,672,427 81 
 
 1871 2,353,211,332 32 
 
 1872. 2,253,251,328 78 
 
 1873.. 2,234,482,993 20 
 
 1874 2,251,690,468 43 
 
 1875. • 2,232,284,531 95 
 
 1876 2,180,395,067 15 
 
 1877... 2,205,301,392 10 
 
 1878 2,256,205,892 53 
 
 1879.... 2,349.567,482 04 
 
526 
 
 TERRITORY OF THE UNITED STATES GOVERNMENT. 
 
 THE TERRITORY OF THE UNITED STATES, SHOWING ITS ORIGINAL EXTENT; 
 HOW, WHEN, AND UNDER WHAT ADMINISTRATION IT HAS BEEN IN- 
 CREASED; ALSO AREA OF THE STATES AND TERRITORIES BY SQUARE 
 MILES AND ACRES. 
 
 
 
 (Taken from the 9th official census.) 
 
 
 
 
 State 
 
 or 
 
 Territory. 
 
 * GO 
 
 LouisianaPurchase, 
 
 1803. 
 By Thos. Jefferson. 
 
 1 § 
 
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 ill 
 
 % I 
 
 u 
 
 PhSc 
 
 Alaska Purchase, 
 
 1868. 
 Andrew Johnson. 
 
 Total 
 Square 
 Miles. 
 
 Total 
 Acres. 
 
 AlnhflTnfl 
 
 48,422 
 
 
 2,300 
 
 
 
 
 
 50,722 
 113,916 
 52 198 
 
 32 462 080 
 
 Arizona 
 
 
 82,381 
 
 31,.535 
 
 72,'906!240 
 
 Arkansas 
 
 
 52,198 
 
 
 
 ^^ aoR 79n 
 
 
 
 
 
 
 577,390 
 
 577.390 369;529;606' 
 188,981 120,947,840 
 104,500 66,880,000 
 4,750 3,^40,000 
 150.932 96,596.480 
 2,120 1,356,800 
 64 1 40,960 
 59,268 37,931,520 
 58,000 37,120,000 
 86,294 55,228,160 
 55,410' 35,462,400 
 33,809! 21,637,760 
 68,991! 44,154,240 
 55,045 35,228,800 
 81,318 52,043,520 
 37,680 24,115,200 
 41,346 26,461,440 
 35,000 22,400,000 
 
 California 
 
 
 
 
 
 188,981 
 47,500 
 
 
 
 
 57,000 
 
 
 
 
 
 
 4,750 
 
 
 
 Dakota 
 
 150,932 
 
 
 
 
 
 
 
 2,120 
 64 
 
 
 
 
 
 
 District of Columbia 
 
 
 
 
 
 
 
 
 
 59,268 
 
 
 
 
 
 Georffia 
 
 58,000 
 
 
 
 
 
 
 Idaho 
 
 86,294 
 
 
 
 
 
 
 Illinois 
 
 55,410 
 33,809 
 
 
 
 
 
 
 
 
 
 
 
 
 
 Indian Territory 
 
 68,991 
 
 
 
 
 
 
 
 
 55,045 
 73,542 
 
 
 
 
 
 
 Kansas 
 
 
 
 
 7,776 
 
 
 
 Kentucky 
 
 37,680 
 
 
 
 
 
 
 Louisiana 
 
 37,602 
 
 3,744 
 
 
 
 
 
 Maine 
 
 35,666 
 11,124 
 7,800 
 56,451 
 26,000 
 43,556 
 
 
 
 
 
 
 
 
 
 
 
 
 11,124 7.119..«lf>n 
 
 Massachusetts 
 
 
 
 
 
 
 
 7,800 
 56,451 
 83,531 
 47,156 
 65,350 
 
 143,776 
 75,995 
 
 104,125 
 
 4,992,000 
 36,128,640 
 53,459,840 
 30,179,840 
 41,824.000 
 92,016,640 
 
 
 
 
 
 
 
 
 Minnesota 
 
 57,531 
 
 
 
 
 
 
 
 3,600 
 
 
 
 
 
 Missouri 
 
 65,350 
 143,776 
 
 
 
 
 
 
 Montana 
 
 
 
 
 
 
 
 
 
 75,995 
 
 ... . 
 
 48,636,800 
 fififi4nnno 
 
 Nevada 
 
 
 
 
 104,125 
 
 
 
 New Hampshire 
 
 9,280 
 8,320 
 
 
 
 
 9,280 5,939,200 
 
 8,3?20 5,324,800 
 
 121,201 , 77,568.640 
 
 
 
 
 
 
 
 
 
 
 
 107,201 
 
 14,000 
 
 
 New York 
 
 47,000 
 50,704 
 39,964 
 
 
 
 
 47,000 30,080,000 
 
 North Carolina 
 
 
 
 
 
 
 
 50,704 .^2.4.50 .560 
 
 Ohio 
 
 
 
 
 
 
 
 39,964 
 95,274 
 46,0U0 
 1,306 
 34,000 
 45,600 
 274,356 
 
 25,576,960 
 
 Oregon 
 
 95,274 
 
 
 
 
 
 
 60,975,360 
 
 Pennsylvania 
 
 Rhode Island 
 
 46,000 
 
 1,306 
 
 34,000 
 
 45,600 
 
 
 
 
 
 
 29.440,000 
 
 
 
 
 
 
 
 835,840 
 
 South Carolina . . 
 
 
 
 
 
 
 
 21,760,000 
 29,184,000 
 
 17.'S.!iR7fi4n 
 
 
 
 
 
 
 
 
 Texas 
 
 
 
 274,356 
 
 
 
 
 Utah 
 
 
 
 
 84,476 
 
 
 
 84,476 54,064,640 
 
 Vermont 
 
 ib,2i2 
 
 38,348 
 
 ■'23,666 
 53,924 
 
 
 
 
 
 
 10,212 6,535,680 
 
 Virginia 
 
 Washington Territory 
 West Virginia 
 
 
 
 
 
 
 
 38,348 24,542,720 
 
 69,994 
 
 
 
 
 
 
 69,994 44,796,160 
 
 
 
 
 
 
 23,000 14,720,000 
 
 
 
 
 
 
 
 
 53,924 34,511,360 
 
 Wyoming Territory. . 
 
 83,563 
 
 
 
 14,320 
 
 
 
 97,883 62,645,120 
 
 
 
 
 
 
 
 
 
 827,844 
 
 1,173,087 
 
 68,912 
 
 274,356 
 
 636,760 
 
 45,535 
 
 577,390 
 
 3,603,884 
 
 2,306,485,760 
 
SQUANDERING THE PUBLIC DOMAIN. 
 
 529 
 
 Maine 35,000 
 
 New Hampshire 9,300 
 
 Vermont 10,200 
 
 Maspachiisetts 7,800 
 
 Rhode Island 1,300 
 
 AREAS IN SQUARE MILES. 
 
 Connecticut 4,700 
 
 NewYork 47,000 
 
 New Jersey 8,000 
 
 Pennsylvania 46,000 
 
 Delaware 2,100 
 
 Maryland 11,000 
 
 Ohio 40,000 
 
 Indiana 33,800 
 
 Total........ 256,200 
 
 Republican land grants, 294,758 square miles. 
 Valuation per acre, average, $2.50. 
 Total valuation, $736,895,000. 
 
 34 
 
530 
 
 LOANING THE PUBLIC CREDIT TO CORPORATIONS. 
 
 
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SOMe OF GENERAL HANCOCK S ORDERS. 5(.l 
 
 SOME OF GENERAL HANCOCK'S ORDERS 
 
 WHILE IN COMMAND OF THE FIFTH MILITARY DISTRICT, 
 
 AGAINST REMOVAL OP CIVIL OFFICERS BY MILITARY-PROHIBITING MILITARY 
 INTERFERENCE IN SELECTION OF JURORS — SUSTAINING JURISDICTION OF 
 CIVIL COURTS — PROHIBITING MILITARY AT THE POLLS -AGAINST STAY OF 
 CIVIL PROCESS— AGAINST MILITARY COMMISSIONS-ON ELECTIONS-DISCLAIM- 
 ING JUDICIAL FUNCTIONS -DECLINES TO EXERCISE RIGHT OF EMINENT DO- 
 MAIN-REVOKING ORDERS INTERFERING WITH REGISTRATION— CONCERNING 
 TAXATION-LETTER AGAINST USURPATION OF FREEDMEN'S BUREAU. 
 
 The object of the following pages is to direct the attention of those whom, for 
 political or other reasons, it may concern, to the services of General Hancock in 
 maintaining the civil rights of citizens. The celebrated order No. 40 and also 
 General Hancock's letter to Gov. Pease have been produced in the Life of the 
 General, which will be found in another part of this book. The object here is to 
 present a few from a large number of General Hancock's orders and letters, 
 which exhibit his exalted statesmanship on all the questions of importance upon 
 which he was called upon to act in his civil career in Louisiana and Texas. The 
 documents selected are but a few out of a mass of similar material. But they will 
 be sufficient to illustrate the principles upon which his administration of public 
 affairs was conducted. 
 
 ORDER OF GENERAL HANCOCK REVOKING A SUMMARY REMOVAL 
 FROM OFFICE, MADE BY HIS PREDECESSOR, AND REFERRING 
 THE COMPLAINT TO THE JUDICIAL TRIBUNALS. 
 
 Headquarters Fifth Military District, ) 
 New Orleans, La., December 4, 1867. ) 
 Special Orders No. 203. 
 
 [extract.] 
 « * * * * « * * * * 
 
 2. Paragraph 3, of special orders No. 188, from these headquarters, dated No- 
 vember 16th, 1867, issued by Brevet Major-General Mower, removing P. R. 
 O'Rourke, Clerk of Second District Court, JParish of Orleans, for malfeasance in 
 office, and appointing R. L. Shelly in his stead, is hereby revoked, and P. R. 
 O'Rourke is reinstated in said office. 
 If any charges are set up against the said O'Rourke, the judicial department of 
 
532 SOME OF GENERAL 
 
 the government is sufficient to take whatever action may be necessary in the 
 premises. 
 
 ********** 
 
 By command of Major-General Hancock. 
 [Official.] 
 
 ORDER OF GENERAL HANCOCK REVOKING THE ORDER OF HI^ 
 PREDECESSOR WHICH INTERFERED WITH THE SELECTION 
 OF JURORS, AND DEFINING THE TRUE AND PROPER USE OF 
 MILITARY POWER. 
 
 Special Orders No. 203. 
 
 Headquarters Fifth Military District, ) 
 New Orleans, La., December 5, 1867. j" 
 
 [extract.] 
 * * 
 
 2. The true and proper use of military power, besides defending the national 
 honor against foreign nations, is to uphold the laws and civil government, and to 
 secure to every person residing among us, the enjoyment of life, liberty and 
 property. It is accordingly made, by act of Congress, the duty of the commander 
 of this district to protect all persons in those rights, to suppress disorder and 
 violence, and to punish, or cause to be punished, all disturbers of the public peace 
 and criminals. 
 
 The Commanding General has been officially informed that the administration 
 of justice, and especially of criminal justice, in the courts, is clogged, if not 
 entirely frustrated, by the enforcement of paragraph No, 2, of the military order 
 numbered special orders 125, current series, from these headquarters, issued on 
 the 24th of August, A. D. 1867, relative to the qualifications of persons to be 
 placed on the jury lists of the state of Louisiana. 
 
 To determine who shall, and who shall not be jurors, appertains to the legis- 
 lative power ; and until the laws in existence regulating this subject shall be 
 amended or changed by that department of the civil government, which the con- 
 stitutions of all the states under our republican system vest with that power, it 
 is deemed best to carry out the will of the people as expressed in the last legis- 
 lative act upon this subject. 
 
 The qualification of a juror, under the law, is a proper subject for the decision 
 of the courts. The Commanding General, in the discharge of the trust reposed 
 in him, will maintain the just power of the judiciary, and is unwilling to permit 
 the civil authorities and laws to be embarrassed by military interference ; and as 
 it is an established fact that the administration of justice in the ordinary tribunals 
 is greatly embarrassed by the operations of paragraph No. 2, special orders No. 
 125, current series, from these headquarters, it is ordered that said paragraph, 
 which relates to the qualifica! ions of persons to be placed on the jury lists of the 
 state of Louisiana, be, and the same is hereby revoked, and that the trial by jury 
 be henceforth regulated and controlled by the constitution and civil laws, with- 
 out regard to any military orders heretofore issued from these headquarters. 
 ********** 
 
 By command of Major-General Hancock. 
 [Official.] 
 
SOME OF GENERAL HANCOCK's ORDERS. 533 
 
 ORDER SUSTAINING THE JURISDICTION OF THE CIVIL COURTS 
 OVER THE RIGHTS OF PRIVATE PROPERTY. 
 
 Headquarters Fifth Military District, 
 New Orleans, La., December 16, 1867. 
 
 Special Orders No. 311. 
 
 EXTRACT. 
 
 * * 
 
 4 Paragraph 3, of special orders No. 197, current series, from these headquar- 
 ters, issued by Brevet Major-General J. A. Mower, in the matter of the estate of 
 D. B. Staats, is hereby revoked, the local tribunals possessing ample power for 
 the protection of all parties concerned. The property in dispute will be restored 
 to the possession of the party entitled to the same by order of court. 
 
 ********** 
 
 By command of Major-General Hancock. 
 [Official.] 
 
 ORDER TO SECURE THE PURITY OF ELECTIONS, AND TO PRE- 
 VENT MILITARY INTERFERENCE AT THE POLLS. 
 
 Headquarters Fifth Military District, ) 
 New Orleans, La., December 18, 1867. ) 
 Special Orders No. 213. 
 
 extract. 
 I. In compliance with the supplementary act of Congress of March 23d, 1867, 
 notice is hereby given that an election will be held in the state of Texas on the 
 10th, 11th, 12th, 13th and 14th days of February, 1868, to determine whether a 
 convention shall be held, and for delegates thereto, "to form a constitution " for 
 the state under said act. 
 
 ********** 
 
 IX. Military interference with elections, "unless it shall be necessary to keep 
 the peace at the polls," is prohibited by law, and no soldiers will be allowed to 
 appear at any polling place, unless as citizens of the state they are registered as 
 voters, and then only for the purpose of voting ; but the commanders of posts 
 will be prepared to act promptly if the civil authorities fail to preserve the peace. 
 
 X. The sheriff and other peace officers of each county are required to be pres- 
 ent during the whole time the polls are kept open, and until the election is com- 
 pleted, and will be made responsible that there shall be no interference with 
 judges of election, or other interruption of good order. 
 
 As an additional measure to secure the purity of the election, each registrar or 
 clerk is hereby clothed, during the election, with authority to call upon the civil 
 officers of the county to make arrests, and in case of failure of the aforesaid civil 
 officers, are empowered to perform their duties during the election. They will 
 make full report of such failures on the part of civil officers to the Commanding 
 General, Fifth Military District, through the headquarters. District of Texas, for 
 orders in each case. 
 
 ********** 
 
 By command of Major-General Hancock. 
 [Official]. 
 
534 
 
 ON THE STAY OF CIVIL PROCESS. 
 
 Headquarters Fifth Military District, V 
 
 Office of Secretary for Civil Affairs. y 
 
 New Orleans, La., December 20, 1876. ) 
 
 The Hon. E. Heath, Mayor of New Orleans : 
 
 Sir: — In answer to your communication of the 30th ult., requesting his inter- 
 vention in staying proceedings in suits against tlie city on its notes, the Major- 
 General Commanding directs me to respectfully submit his views to you on that 
 subject, as follows : 
 
 Such a proceeding on his part would, in fact, be a stay-law in favor of the ^ 
 city of New Orleans, which, under the Constitution, could not be enacted by ther^^ 
 legislature of the state, and in his judgment such a power ought to be exercised ^ 
 by him, if at all, only in a case of the most urgent necessity. ^ 
 
 That the notes referred to were issued originally in violation of the charter of 
 the city, cannot be denied ; but the illegal act has since been ratified by the legis- 
 lature. The corporation is therefore bound to pay them ; and- even if a defense 
 could be made on technical grounds, it would be disgraceful for the city to avail 
 itself of it. Why, then, should the creditors of the city be prevented from resort- 
 ing to the means given them to enforce the obligation ? 
 
 In support of your application you state that the city is unable to pay its debts. 
 This is unfortuately the case with most debtors; and on that ground nearly all 
 other debtors would be equally entitled to the same relief. 
 
 The Supreme Court of this state has decided that taxes due a municipal corpo- 
 ration cannot be seized, under execution, by a creditor of the corporation, nor is 
 any other property used for municipal purposes liable to seizure. If, therefore, a 
 constable levies an execution on such property, he is a trespasser, and the city 
 has its remedy against him in the proper tribunal. 
 
 It does not, therefore, seem to the Major-General Commanding that there is an 
 urgent necessity which would justify his interference in the manner required. Be- 
 sides, the expediency of such a measure is more than questionable ; for, instead of 
 reinstating the confidence of the public in city notes, it would probably destroy it 
 altogether. 
 
 I am, sir, very respectfully, your obedient servant, 
 
 W. G. MITCHELL, 
 Bvt. Lieut. -Col., U. 8. A., Sec'y for Civil Affairs. 
 
 ON THE TRIAL OF OFFENDERS AGAINST THE LAWS OF THE 
 
 STATE. 
 
 Headquarters Fifth Military District, 
 Office of Secretary for Civil Affairs, 
 New Orleans, La,, December 28. 
 
 aRS, y 
 , 1876. ) 
 
 His Excellency E. M. Pease, GoDernor of Texas: 
 
 Sir : Brevet Major-General J. J. Reynolds, commanding District of Texas, in a 
 communication dated Austin, Texas, November 19, 1867, requests that a military 
 commission may be ordered "for the trial of one G. W. Wall, and such other 
 prisoners as may be brought before it," and forwards, in support of the request, 
 the following papers: 
 
 1st, A printed account taken from a newspaper dated Uvalde, October , 
 
 1867 (contained in a letter of James H. Taylor, and in another from Dr. Ansell, 
 U. S. Surgeon at For t Inge), of the murder of R. W. Black, on the day of 
 
635 
 
 October, 1867. In this account it is stated Mr. Black was shot through the heart 
 by G. W. Wall "while lying on the counter at Mr. Thomas' store." 
 
 2d. A letter of Judge G. H. Noonan to Governor Pease, dated November 10, 
 1867, informing him that "Wall, Thacker and Pulliam are in confinement in 
 Uvalde county for murder." In this letter it is asked, "Would it not be best to 
 try them by military commission?" 
 
 3d. A letter from Governor Pease, dated "Executive of Texas, Austin, Novem- 
 ber 11, 1867," in which the governor states that he received a telegram from 
 Judge G. H. Noonan, an extract from which I transmit herewith. In the letter 
 of the governor the further statement is made that " Uvalde county, where the 
 prisoners are confined, is on the extreme western frontier of the state, and 
 lias only about one hundred voters in a territory of about nine hundred 
 square miles;" and he then adds, "It is not probable that they (meaning 
 the prisoners) can be kept in confinement long enough ever to be tried by 
 the civil courts of that county ; and express the opinion that they never "can be 
 brought to trial unless it is done before a military commission. " And he there- 
 fore asks that a military commission be ordered for their trial. 
 
 From an examination of the papers submitted to the commander of the Fifth 
 Military District, it does not appear that there is any indisposition or unwilling- 
 ness on the part of the local civil tribunals to take jurisdiction of and to try the 
 prisoners in question ; and a suggestion made by the governor that it is not prob- 
 able that the prisoners can be kept in confinement long enough to be tried by the 
 civil courts (and which is apparently based on the fact that Uvalde county is a 
 frontier county, and does not contain more than a hundred voters), seems to be the 
 only foundation on which the request for the creation of a military commission is 
 based. This, in the opinion of the Commanding General, is not sufficient to justify 
 him in the exercise of the extraordinary power vested in him by law " to organize 
 military commissions or tribunals " for the trial of persons charged with offenses 
 against the laws of a state. 
 
 It is true that the third section of " An Act to provide for the more 
 efficient government of the Rebel States," makes it the duty of the 
 commanders of military districts "to punish, or caused to be pun- 
 ished, all disturbers of the public peace and criminals ; " but the 
 same section also declares that " to that end he may allow local civil tribunals to 
 take jurisdiction of and to try offenders. " The further power given to him in 
 the same section, " when in his judgment it may be necessary for the trial of of- 
 fenders," to organize military commissions for that purpose, is an extraordinary 
 power, and from its very nature should be exercised for the trial of offenders 
 against the laws of a state only in the extraordinary event that the local civil tri- 
 bunals are unwilling or unable to enforce the laws against crime. 
 
 At this time the country is in a state of profound peace. The state government 
 of Texas, organized in subordination to the authority of the government of the 
 United States, is in the full exercise of all its proper powers. The courts, duly 
 empowered to administer the laws, and to punish all offenders against those laws, 
 are in existence. No unwillingness on the part of these courts is suggested to in- 
 quire into the offenses with which the prisoners in question are charged, nor are 
 any obstructions whatever in the way of enforcing the laws against them said to 
 exist. Under such circumstances there is no good ground for the exercise of the 
 extraordinary power vested in the commander to organize a military commission 
 for the trial of the persons named. 
 
 It must be a matter of profound regret to all who value constitutional govern- 
 
536 
 
 ment, that there should be occasions in times of civil commotion, when the public 
 good imperatively requires the intervention of the military power for the repres- 
 sion of disorders in the body politic, and for the punishment of offenses against 
 the existing laws of a country framed for the preservation of social order ; but 
 that the intervention of this power should be called for, or even suggested, by 
 civil magistrates, when the laws are no longer silent and civil magistrates are 
 possessed, in their respective spheres, of all the powers necessary to give effect 
 to the laws, excites the surprise of the commander of the Fifth Military 
 District. 
 
 In his view it is of evil example, and full of danger to the cause of freedom and 
 good government, that the exercise of the military power, through military 
 tribunals created for the trial of offenses against the civil law, should ever be per- 
 mitted, when the ordinary powers of the existing state governments are ample for 
 the punishment of offenders, if those charged with the administration of the laws 
 are faithful in the discharge of their duties. 
 
 If the means at the disposal of the state authorities are insuflacient to secure the 
 confinement of the persons named in the communication of the governor of the 
 state of Texas to the general commanding there, until they can be legally tried, on 
 the fact being made known to him, the commander of the district will supply the 
 means to retain them in confinement, and the commanding ofllcer of the troops in 
 Texas is so authorized to act. If there are reasons in existence which justify an 
 apprehension that the prisoners cannot be fairly tried in that county, let the 
 proper civil officers have the " venue " changed for the trial, as provided for by 
 the laws of Texas. 
 
 In the opinion of the commander of the Fifth Military District, the existing 
 government of the state of Texas possesses all the powers necessary for the 
 proper and prompt trial of the prisoners in question in due course of law 
 
 If these powers are not exercised for that purpose, the failure to exercise them 
 can be attributed only to the indolence or culpable inefficiency of the officers now 
 charged with the execution and enforcement of the laws under the authority of 
 the state government ; and if there is such a failure, in the instance mentioned, 
 on the part of those officers to execute the laws, it will then become the duty of 
 the commander to remove the officers who fail to discharge the duties imposed 
 on them, and to replace them with others who will discharge them. 
 
 Should these means fail, and it be found, on further experience, that 
 there are not a sufficient number of persons among the people now 
 exercising political power in Texas, to supply the public with officers 
 who will enforce the laws of the state, it will then become necessary for the com- 
 mander of the Fifth Military District to exercise the powers vested in him, by the 
 acts of Congress under which he is appointed, for the purpose of vindicating the 
 majesty of the law. But until such necessity is shown to exist, it is not the inten- 
 tion of the Commanding General to have recourse to those powers ; and he deems 
 the present a fitting occasion to make this known to the governor of Texas, and 
 through him to the people of the state at large. 
 
 I am sir, very respectfully, your obedient servant, 
 
 W. G. MITCHELL, 
 Bvt. Lieut. -Col., U. 8. A., Sec'yfor Civil Affairs, 
 
SOME OF genp:]ral Hancock's orders. 537 
 
 ON ELECTIONS BY TPIE PEOPLE. 
 
 Headquarters Fifth Military District, ) 
 
 Office op Secretary for Civil Affairs, [ 
 New Orleans, La., December, 28, 1867. ) 
 Lieutenant-Colonel W. H. Wood, Commanding District of Louisiana, New 
 
 Orleans, La.: 
 
 Colonel : — I am directed by the Major-General Commanding to ac- 
 knowledge receipt of a letter from Nelson Durand (forwarded by you), 
 stating that the treasurer of Avoyelles parish, Louisiana, refused an election to 
 be held to ascertain if the citizens of the township were in favor of selling a 
 school section belonging to the parish, and requesting an opinion as to the legality 
 of said election. 
 
 In reply to said letter, I am directed by him to state that if the provision of the 
 law were complied with in regard to advertisements, the manner of taking the 
 sense of the inhabitants and legal voters only were admitted to take part, there 
 seems to be no reason why the action should be considered a nullity. It was not, 
 properly speaking, an election, but a way prescribed by law of arriving at the will 
 of the community as regards the disposition to be made of certain school lands 
 belonging to the parish. 
 
 The previous authorization of the Major-General Commanding is not considered 
 necessary. But if the sense of the people was not duly regarded (on the previous 
 occasion) as to the foregoing requirements, the matter should be again referred to 
 them for a free and legal expression of their opinion. 
 
 I am. Colonel, very respectfully, your obedient servant, 
 
 W. G. MITCHELL, 
 Bvt. Lieut. -Col. U. S. A., Sec'y for Civil Affairs. 
 
 ON REMOVALS FROM OFFICE WITHOUT JUDICIAL INVESTIGATION 
 AND DETERMINATION. 
 
 Headquarters Fifth Military District, ) 
 
 Office of Secretary for Civil Affairs, [• 
 
 New Orleans, La., December 30th, 1867. ) 
 
 His Excellency B, F. Flanders, Governor of Louisiana: 
 
 Governor : — I am directed by the Major-General Commanding to acknowledge 
 the receipt of your commifhication of the 11th inst., with papers and documents 
 accompanying the same, charging the Police Jury, parish of Orleans, right bank, 
 with appropriating to their own use and benefit the public funds of said parish, 
 and with being personally interested in contracts let by them, and recommend- 
 ing the removal from ofiice of the president and members of said Police Jury; 
 and in reply to state that these charges present a proper case for j udicial investi- 
 gation and determination ; and as it is evident to him that the courts of justice 
 can afford adequate relief for the wrongs complained of, if proved to exist, the 
 Major-General Commanding has concluded that it is not advisable to resort to the 
 measures suggested in your excellency's communication. 
 
 I am. Governor, very respectfully, your obedient servant, 
 
 W. G. MITCHELL, 
 Bvt. Lieu ;. -Col. U. S. A., Sec'y for Civil Affairs. 
 
538 
 
 ORDER OF GENERAL HANCOCK DISCLAIMING JUDICIAL FUNC 
 TIONS IN CIVIL CASES. 
 
 ri^^.^ .. r\^^^^c AT^ 1 Headquarters Fifth Military District, ) 
 
 General Orders No. 1. ^^^ 0^1^^^3^ La., January 1, 1868. \ 
 
 Applications have been made at these headquarters implying the existence of 
 an arbitrary authority in the Commanning General touching purely civil contro- 
 versies. 
 
 One petitioner solicits this action, another that, and each refers to some special 
 consideration of grace or favor which he supposes to exist, and which should in- 
 fluence this Department. 
 
 The number of such applications and the waste of time they involve, make it 
 necessary to declare that the administration of civil justice appertains to the regu- 
 lar courts. The rights of litigants do not depend on the viewr of the general — 
 they are to be adjudged and settled according to the laws. Arbitrary power, such 
 as he has been urged to assume, has no existence here. It is not found in the laws 
 of Louisiana or of Texas — it cannot be derived from any act or acts of Congress — 
 it is restrained by a constitution and prohibited from action in many particulars. 
 
 The Major-General Commanding takes occasion to repeat that while disclaiming 
 judicial functions in civil cases, he can suffer no forcible resistance to the exe- 
 cution of process of the courts. 
 
 By command of Major-General Hancock. 
 
 [Official.] 
 
 COMMUNICATION CONCERNING AN APPLICATION BY A RAIL- 
 ROAD COMPANY. 
 
 Headquarters Fifth Military District, J 
 
 Office of Secretary for Civil Affairs, V 
 
 New Orleans, La., January 2d, 1868. ) 
 
 Henry Van Vleet, Esq., Chief Engineer : 
 
 Sir: — In reply to your communication, requesting the Major-General com- 
 manding to issue a certain order relative to the New Orleans, Mobile and Chat- 
 tanooga Railroad Company, I am directed by him to state : 
 
 That the order asked for embraces questions of the most important and delicate 
 nature, such as the exercise of the right of eminent domain, obstruction of navi- 
 gable rivers or outlets, etc., and it appears to him very questionable whether he 
 ought to deal with questians of that kind; nor is it clear that any benefit could 
 result to the company from such an order. 
 
 So far as the state of Louisiana is concerned, there can be no difficulty in ob- 
 taining a decree of appropriation of the land which may be required for the en- 
 terprise, according to the existing laws, as the company has been regularly incor- 
 porated under the general corporation act. Be this, however, as it may, the 
 question oi power, \Yhich the company desires solved by the proposed order, be- 
 longs properly to the j ad iciary and therefore the Major-General Commanding 
 declines to take action in this matter. 
 
 If you desire, the papers in this case, together with a copy of this letter, will be 
 forwarded to the Secretary of War. 
 
 I am, sir, very respectfully, your obedient servant, 
 
 W. G. MITCHELL, 
 Bvt. Lieut. -Col. U. S. A., Sec'y for Civil Affairs. 
 
SOME OF GENERAL HANCOCK's ORDERS. 53& 
 
 ORDER OF GENERAL HANCOCK REVOKING CERTAIN INSTRUC- 
 TIONS ISSUED BY HIS PREDECESSOR TO THE BOARDS OF REG- 
 ISTRATION, AND RELATING TO THE DUTIES OF BOARDS OP 
 REGISTRATION. 
 
 Headquarters Fifth Military District. ) 
 New Orleans, La., January 11, 1868. j" 
 General Orders No. 3. 
 
 Printed "Memoranda- of disqualifications for the guidance of the Board of 
 Registrars, und.r the Military bill passed March 2, 1867, and the bill supplement- 
 ary thereto," and "Questions to be answered by persons proposing to register,'* 
 were distributed from these headquarters in the month of May, 1867, to the mem- 
 bers of the Boards of Registration, then in existence in the states of Louisiana 
 and Texas, for the registration of " the male citizens of the United States " who 
 are qualified to vote for delegates under the acts entiled " An Act to provide for 
 the more efficient government of the rebel states. " 
 
 These " Memoranda " and " Questions " are as follows : 
 
 [The Memoranda, being lengthy, are ommitted.] 
 
 Grave differences of opinion exist among the best informed and most consci- 
 entious citizens of the United States, and the highest functionaries of the national 
 government, as to the proper construction to be given to the acts of Congress 
 prescribing the qualifications entitling persons to be registered as voters, and to ex- 
 ercise the right of suffrage at the elections to be holden under the act entitled 
 "An Act to provide for the more efficient government of the rebel states " and the 
 acts supplementary thereto. Such differences of opinion are necessary incidents 
 to the imperfection of human language when employed in the work of legisla- 
 tion. 
 
 Upon examining those acts, the Commanding General finds himself constrained 
 to dissent from the construction given to them in the "Memoranda" re- 
 ferred to. This construction would of course necessarily exclude all officers 
 holding offices created under special acts of the state legislatures, including all 
 officers of municipal corporations, and of institutions organized for the dispensa- 
 tion of charity, under the authority of such special laws. Such a construction, la 
 the opinion of the Major-General Commanding, has no support in the language of 
 the acts of Congress passed on the 2d and 23d of March, 1867, which were the 
 only acts in existence when these " Memoranda " were distributed. Since that 
 time, however, what was before, in the opinion of the Commanding General, 
 only an error of construction, would now be a contravention of the law, as amended 
 and defined in the Act of July 19, 1867. 
 
 The Major-General Commanding also dissents from various other points in the 
 construction given to the disqualifying clauses of the acts in question, as shown 
 by the "Memoranda" referred to, but he will add nothing further to what he has 
 already said on the subject, because his individual opinions cannot rightfully 
 have, and ought not to have, any influence upon the Boards of Registration in the 
 discharge of the duties expressly imposed upon and intrusted to them by these 
 acts of Congi-ess as they now stand. The Boards of Registration are bodies 
 created by law with certain limited but well-defined judicial powers. It is made 
 their especial duty " to ascertain, upon such facts as they can obtain, whether any 
 person applying is entitled to be registered " under the acts. Their decisions 
 upon the cases of individual applicants are final as to the right, unless appeals 
 are taken, in the proper form, and carried bofore competent superior authority 
 for revision ; and, like the members of ordinary courts engaged in the exercise of 
 
540 SOME OF GENERAL HANCOCK's ORDERS. 
 
 judicial functions, it is the bounden duty of the members of the Boards of Reg- 
 istration to decide upon the questions as to the right of any applicant, on the 
 facts before them, and in obedience to the provisions of the law. 
 
 Since the passage of the act of July 19, 1867, it is not only the right, but the 
 solemn duty of the members of these boards, each for himself, and under the 
 sanction of his oath of office, to interpret the provisions of the acts from which 
 the authority of the boards was derived, and to decide upon each case according 
 to the best of his own judgment. 
 
 The distribution of the above "Memoranda" was well calculated to produce 
 the impression in the minds of the members of Boards of Registration, that they 
 constituted rules prescribed to them for their government in the discharge of Iheir 
 official duties which they were required to obey ; and it seems certain from va- 
 rious communications of facts in relation to the mode of carrying out the regis- 
 tration, that they were so regarded by the members of the boards, and that they 
 not only influenced, but in point of fact, controlled the proceedings of the diJBfer- 
 ent boards. 
 
 In consequence of this, and as the time for the revision of the registration in 
 the state of Texas is now at hand, and the duty of making the revision will, it is 
 probable, in a great degree be performed by persons who are members of the 
 Boards of Registration, to which the "Memoranda" in question w^ere distributed 
 for their guidance, the Major-General Commanding deems it of importance that 
 the members of the Boards of Registration, and the people at large, should be 
 informed that the "Memoranda" before referred to, distributed from the head- 
 quarters of this Military District, are null and of no effect, and are not now to be 
 regarded by the^ Boards of Registration in making their decisions ; and that the 
 members of the Boards are to look to the laws, and to the laws alone, for the rules 
 which are to govern them in the discharge of the delicate and important duties 
 imposed upon them. 
 
 For this purpose they will be furnished with copies of the acts of Congress re- 
 lating to this subject, and of the amendment (known as Article XIV.) to the Con- 
 stitution of the United States. 
 
 In case of questions arising as to the right of any individual to be be registered, 
 the person deeming himself aggrieved, is entitled to his appeal from the decision 
 of the Board, and the Boards are directed to make a full statement of the facts 
 in such cases, and to forward the same to these headquarters without unnecessary 
 delay. 
 
 By command of Major-General Hancock. 
 [Official.] 
 
 ORDER FOR CONVENING A SPECIAL CIVIL COURT FOR THE TRIAL 
 OF CRIMINAL CASES. 
 
 Headquarters Fifth Military District, ) 
 New Orleans, La., January 2, 1868. ) 
 
 SpeclAlL Orders No. 1. 
 
 [extract.] 
 ********** 
 
 3. Whereas, The presence of an epidemic at Corpus Christi has prevented the 
 holding of the usual term of the District Court of Nueces county, Texas; and 
 
 Whereas, A large number of criminal cases are on the docket of said court that 
 should be tried without delay : 
 
 It is therefore ordered, That a special term of the District Court for Nueces 
 
541 
 
 county shall be held on Monday, the thirteenth day of January, 1868, for the 
 trial of all criminal cases that may be brought before it. 
 
 Such court shall continue in session for three weeks, unless the business before 
 it is sooner disposed of. 
 
 All process in criminal cases shall be, and they are hereby made, returnable to 
 the said special term of said court. 
 
 The proper officers of that county will cause the usual number of jurymen to 
 
 be drawn and summoned. 
 
 ********** 
 
 By command of Major-General Hancock. 
 [Official.] 
 
 CONCERNING THE LEVY OF A SPECIAL TAX. 
 
 Headquarters Fifth Military District, ) 
 Office op Secretary for Civil Affairs, y 
 New Orleans, La., January 13, 1868. ) 
 His Excellency E. M. Pease, Governor of Texas, Austin, Texas : 
 
 Governor : I am directed by the Major-General Commanding to acknowledge 
 the receipt of your letter and accompanying documents relative to an application 
 from the Mayor and City Council of Houston, for authority to hold an election 
 to determine whether a special tax shall be levied for the purpose of raising 
 means with which to cut a ship's channel to Galveston Bay, and to state that if 
 the power to hold such election was not conferred upon the city of Houston by 
 its act of incorporation, nor by any act of the legislature, no such election, and 
 no tax levied for such a purpose would be legal. 
 I am, governor, very respectfully, your obedient servant, 
 
 W. G. MITCHELL, 
 Bvt. Lieut. -Col. U. S. A., Sec'y for Civil Affairs. 
 
 RELATING TO THE COLLECTION OF TAXES. 
 
 Headquarters Fifth Military District, \ 
 Office of Secretary for Civil Affairs, v 
 New Orleans, La., January 15, 1868. ) 
 H. Peralta, Esq., Auditor of Public Accounts, New Orleans, La: 
 
 8ir : I am directed by the Major-General Commanding to acknowledge receipt 
 of your letter of the 13th inst., in which you state that the "taxes imposed by 
 the Constitutional Convention cannot be collected through the ordinary process 
 of collecting taxes in this State," and "refer the whole matter to him for his 
 action ;" and in reply to state that the tax-collectors of the parishes of Orleans 
 and Jefferson, in their report to you of the same date, say that " the tax-payers 
 have generally refused to pay the tax." By reference to the ordinance of the 
 convention, you will find " that the Auditor of Public Accounts of the state 
 shall, as under existing laws in relation to the collection of taxes, superintend 
 and control the collection of said tax of one mill per cent., and shall give imme- 
 diate notice and instructions to the different sheriffs and tax collectors." 
 
 It does not appear, from your statement, that any process for the collection of 
 this tax has issued, or that any other steps have been taken, except giving notice 
 in the newspapers, and a demand to pay, which has been refused. No resort has 
 been made to those coercive means to enforce the payment of taxes pointed out 
 by the laws of the state ; this it is your duty to direct the tax-collector to do. 
 When that is done, and forcible resistance should be made, the Major-General 
 
[RS, f- 
 
 542 somp: of general hancock s orders. 
 
 Commanding will, upon it being reported to liim, take prompt measures to vindi- 
 cate the supremacy of the law. 
 
 I am, sir, very respectfully, your obedient servant, 
 
 W. G. MITCHELL, 
 Bvt. Lieut. -Col, U. S. A., Sec'y for Civil Affairs. 
 
 RELATING TO THE COLLECTION OF TAXES. 
 
 Headquarters Fifth Military District, 
 Office of the Secretary for Civil Affairs, 
 New Orleans, La., January 21, 1868. 
 
 Hon. Wm. p. McMillan and Hon. M. Vidal, Special Committee: 
 
 Gentlemen : The Major-General Commanding directs me to acknowledge the re- 
 ceipt of your letter of the 17th instant, and to state in reply that the second or- 
 dinance of the Constitutional Convention, adopted on the 4th of January, 1868, 
 provides a new mode for the collection of the tax, and imposes penalties on de- 
 faulting taxpayers. 
 
 You request the Commanding General to state what his action would be should 
 the civil courts of Louisiana interfere with the collectors in the discharge of tbeir 
 duties. 
 
 In this connection the Commanding General deems it unnecessary to repeat 
 what he has already stated in reply to a previous letter concerning his author- 
 ity on this subject. 
 
 It would be highly improper for him to anticipate any illegal interference of 
 the courts in the matter. 
 
 Whenever a case arises for the interposition of the powera vested in the Com- 
 manding General by the acts of Congress, he will promptly exercise them for the 
 maintenance of law and order. 
 
 I am, sir, very respectfully, your obedient servant, 
 
 W. G. MITCHELL, 
 Bvt. Lieut. -Col. U. S. A., Sec'y for Civil Affairs. 
 
 LETTER OF GENERAL HANCOCK TO GENERAL HOWARD ON THE 
 USURPATIONS OF THE FREEDMEN'S BUREAU. 
 
 Headquarters Fifth Military District, ) 
 New Orleans, La., February 24, 1868. ) 
 
 Major-General O. O. Howard, Commissioner of Bureau Refugees, Freedmen, and 
 Abandoned Lands, Washington, D. C. : 
 
 Gene7'al : Referring to the report of Captain E. Collins, Seventeenth infantry, 
 sub-assistant commissioner of the Bureau refugees, freedmen, and abandoned 
 lands, at Brenham, Texas, dated December 31, 1867, and transmitted by you for 
 my information, I have the honor to state that I do not understand how any orders 
 of mine can be interpreted as interfering with the proper execution of the law 
 creating the Bureau. It is certainly not my intention that they should so inter- 
 fere. Anything complained of in that letter, which could have lawfully been 
 remedied by the exercise of military authority, should have received the action of 
 General Reynolds, who, being military commander, and also Assistant Commis- 
 sioner for Texas, was the proper authority to apply the remedy, and to that end was 
 vested with the necessary power. 
 
 A copy of the report of Captain Collins had already been forwarded to me by 
 General Reynolds before the receipt of your communication, and had been re- 
 turned to him January 1 6th, with the following indorsement: " Respectfully re- 
 
543 
 
 turned to Brevet Major-General J. J. Reynolds, commanding District of Texas. 
 
 " This paper seems to contain only vague and indefinite complaints, without 
 specific action as to any particular cases. If Captain Collins has any special 
 cases of the nature referred to in his communication, which require action at 
 these headquarters, he can transmit them, and they will receive attention." 
 
 No reply has been received to this — a proof either of the non-existence of such 
 special cases, or of neglect of duty on the part of Captain Collins in not report- 
 ing them. It is, and will be my pleasure as well as duty, to aid you and the offi- 
 cers and agents under your direction, in the proper execution of the law. I have 
 just returned from a trip to Texas. Whilst there I passed through Brenham 
 twice, and saw Captain Collins, but neither from him nor from General Reynolds, 
 did I hear anything in regard to this subject, so far as I recollect. 
 
 There are numerous abuses of authority on the part of certain agents of the 
 Bureau in Texas, and General Reynolds is already investigating some of them. 
 
 My intention is to confine the agents of the Bureau within their legitimate au- 
 thority, so far as my power as district commander extends; further than that, it 
 is not my intention or desire to interfere with the Freedmen's Bureau. I can say, 
 however, that had the district commander a superior control over the Freedmen's 
 affairs in the district, the Bureau would be as useful, and would work more har- 
 moniously, and be more in favor with the people. At present there is a clashing 
 of authority. I simply mention the facts without desiring any such control. 
 
 The reconstruction acts charge district commanders with the duty of protect- 
 ing all persons in their rights of person and property; and to this end authorize 
 them to allow local civil tribunals to take jurisdiction of, and try offenders ; or if 
 in their opinion necessary, to organize a military commission or tribunals for that 
 purpose. 
 
 They are thus given control over all criminal proceedings for violation of the 
 statute laws of the states, and for such other offenses as are not by law made triable 
 by the United States courts. The reconstruction acts exempt no class of per- 
 sons from their operation, and the duty of protecting all persons in their rights of 
 person and property, of necessity invests district commanders with control over 
 the agents of the Bureau, to the extent of at least enabling them to restrain these 
 agents from any interference with, or disregard of their prerogatives as district 
 commanders. 
 
 The district commanders are made responsible for the preservation of peace 
 and the enforcement of the local laws within their districts ; and they are the 
 ones required to designate the tribunals before which those who break the 
 peace and violate these laws shall be tried. 
 
 Such being the fact, many of the agents of the Bureau seem not to be aware of 
 it. In Texas some are yet holding courts, trying cases, imposing fines, taking 
 fees for services, and arresting citizens for offenses over which the Bureau is not 
 intended by law to have jurisdiction. 
 
 General Reynolds is aware of some of these cases, and is, as I have already 
 mentioned, giving his attention to them. 
 
 In Louisiana, this state of affairs exists to a less extent, if at all. 
 
 I am, General, very respectfully, your obedient servant, 
 
 W. S. HANCOCK, 
 Major-General XJ. S. Army, Commanding. 
 
 About the date of the preceding letter, however, the time had arrived when it 
 was thought necessaiy by the controlling powers at Washington to supersede 
 
544 SOME OF GENERAL HANCOCK's ORDERS. 
 
 General Hancock's administration in Louisiana and Texas, it being deemed an ob- 
 stacle in the way of the congressional plan of reconstruction, which contemplated 
 the complete suppression of the civil authorities of those states and the substi- 
 tution of military commissions. Gen. Garfield, the Chairman of the Military 
 Conmiittee in the House of Representatives, introduced a bill to reduce the num- 
 ber of major-generals in the army with the avowed object of getting rid of Han- 
 cock, and thus punish him for his steadfast subordination of the military to the 
 civil jurisdiction. This bill, however, was never pressed to its passage, being 
 deemed by those friendly to its object as too likely to excite a popular demonstra- 
 tion in favor of the persecuted individual. 
 
 A safer method was adopted. General Grant, having been invested by Con- 
 gress vnth extraordinary powers, so as to be no longer responsible to the Presi- 
 dent, his constitutional commander-in-chief, was induced to interfere in such 
 manner with Gen. Hancock's official action as to humiliate him before the people 
 he was sent to govern. This naturally soon led to Gen. Hancock's application to 
 be relieved of his command. 
 
 About this time he wrote to a friend in Congress, as follows: 
 
 * * * "I hope to be relieved here soon. The President is no longer able to 
 protect me. So that I may expect one humiliation after another, until I am forced 
 to resign. I am prepared for any event. Nothing can intimidate me from doing 
 what I believe to be honest and right." 
 
 His letter to Governor Pease, in which Gen. Hancock vindicated the justice 
 and policy of his administration, bears date the 9th of March, 1868, and on the 
 16th of the same month (seven days afterwards, he was relieved of his command. 
 
CIVILIZED BULLDOZING IN MASSACHUSETTS AND RHODE ISLAND. 546 
 
 CIVILIZED BULLDOZING IN MASSACHII 
 SETTS AND RHODE ISLAND. 
 
 The attention of the Senate committee charged "to inquire whether any citizen 
 of any state has been dismissed or threatened with dismissal from employment or 
 deprivation of any right or privilege by reason of his vote or intention to vote at 
 the recent elections, or has been otherwise interfered with, and whether citizens of 
 the United States were prevented from exercising the elective franchise, or forced 
 to use it against their wishes, by * * * any unlawful means or prac. 
 tices," was directed to the states of Massachusetts and Rhode Island by a large 
 number of affidavits from citizens of those states. The specific allegation was made 
 that employers of labor in those states coerced their employees to vote as the em- 
 ployers wished, and that deprivation of employment was the penalty for refusal 
 to do so. Among the data submitted to the committee in proof of this allegation 
 was a circular, which was in these words . 
 
 Dear Sir : Your co-operation with the Massachusetts Republican State Central Committee is 
 most earnestly requested. It is in your power, by the authority you can exercise over those em- 
 ployed by you, to maintain the honor of Massachusetts, and keep it out of the hands of spoilers and 
 political knaves who have selected General Butler as their candidate. His election would disgrace 
 oar state, and ruin our standing at home and abroad. A thorough canvass of those you employ, and 
 an early report to the secretary of the Republican State Central Committee, will be thankfully re- 
 ceived. 
 
 This was issued in the canvass of 1878, but by whom the committee could not 
 ascertain. 
 
 MEETINGS OF MANUFACTURERS HELD TO mTDtflDATE VOTERS. 
 
 A meeting of manufacturers was held at Worcester, Mass., in the office of Mr. 
 Washburne, Chairman of the Republican City Committee. The purpose of this 
 meeting was to urge the employers of labor there ^present to exercise their influ- 
 ence. They were asked to call their employees together and address them on the 
 issues. This was done in at least one case. The action taken at this meeting was 
 spoken of by the employees affected as being prejudicial to their freedom of action. 
 Fear of loss of work if they voted or acted against their employers' wishes was 
 frequently expressed. The result of the meeting, and its action, was a degree of 
 intimidation to the employee. A witness said the meeting was held for the pur- 
 pose of "forcing their help, through dread of non-employment, to vote contrary 
 to their wishes and according to the wishes of their employers." And still an- 
 other described it thus : 
 
 ?\. What was the effect, as ^ou gathered it from the employees themselves, upon their minds ? 
 ts effect was this : that while up to that date the operatives and employees, as a general rule, in 
 Worcester County, had been enthusiastic, had thronged our rooms, the Democratic headquarters, 
 day and evening almost. A great many of them then came and expressed doubts as to whether they 
 would be able to vote or act openly for this reason; that they understood that this meeting had been 
 held, and that that was the policy that would be adopted. In consequence of that, there was a de- 
 cided coolness at that time on the part of this class of men. A great many upon whom we had 
 counted with absolute certainty up to that time, were missing or else voted against us. 
 
546 CIVILIZED BULLDOZING IN MASSACHUSETTS AND RHODE ISLAND. 
 
 Senator Wallace, in behalf of the committee, reported upon several of these 
 cases as follows : 
 
 OPERATORS INTIMIDATED AND DISCHARGED. 
 
 Your committee are of opinion that in very many instances during that elec- 
 tion the ballot was cast by operatives against their own deliberate convictions, 
 and in favor of the candidates of their employers, and that this was the result of 
 a fear of loss of work at the beginning of winter. 
 
 This policy of keeping " inside the law " was publicly proclaimed in the Her- 
 ald, a leading and influential newspaper in Boston, which earnestly and effective- 
 ly aided the cause of those who called and held those meetings of employers, in 
 these words : 
 
 There will probably be a good deal of " bulldozing " done in Massachusetts this year of a civ- 
 ilized tj;pe. The laborers employed by General Butler in his various enterprises— mills, quarries, 
 &c.— will be expected to vote for him or give up their situations. The same rule will hold good 
 on the other side. There will be no shot-guns or threats. Everything will be managed with de- 
 corum, adorned by noble sentiments. But the men who oppose Butler employ three-fourths, if 
 not seven-eighths, of the labor of the state. They honestly believe that Butler's election would in- 
 jure their property. They know that idle hands are waiting to do their work. It is not to be ex- 
 pected that they will look on indifferently and see their employees vote for a destructive like But- 
 ler. Human nature is much the same in Massachusetts and Mississippi. Only methods are dif- 
 ferent. Brains, capital, and enterprise will tell in any community. It is very improper, of course, 
 to intimidate voters, but there is a way of giving advice that is quite convincing. 
 
 This action was described before your committee as "civilized bulldozing," 
 audits occurrence was said to be much more frequent and effective in the manu- 
 facturing villages than in the cities. 
 
 It is impossible that there should be so much in the cities as in towns. It is easier to bring to 
 light the wrong-doings of an employer there; it is harder to cover them up, because of the public 
 press and because of the number of the people who would become cognizant of them. In a fac- 
 tory town it is different. There is no newspaper there; the operative lives in a tenement belonging 
 to the manufacturer; his wages are small; his wife probably works in the mill; his children proba- 
 bly work in the mill; and, if he is anyway fractious, or opposed to voting in a way that these peo- 
 ple dictate, his wife, children, and himself are turned oat of the mill, out of the tenement, and out 
 of the means of earning a livelihood. 
 
 The case of the Manchaug Manufacturing Corporation, in the county of Wor- 
 cester, was cited as one of those in which this policy of " civilized bulldozing " 
 was pursued. The testimony disclosed the following facts: Manchaug is a man- 
 ufacturing village, wherein the real estate, mills, houses, churches, halls and 
 public buildings were owned by the stock company which there manufactured 
 muslin fabrics. They employed a large number of persons as workmen, many 
 of whom were French Canadians. The number of voters at the mills were up- 
 wards of 100 in 1878, of whom three-fourths were Democrats. All of the man- 
 aging force, superintendents and bookkeepers, were Republicans. Many young 
 people of both sexes were employed at the mills, and their homes were with 
 their parents in the tenement houses of the corporation. One case was shown in 
 which a man who had served during the war occupied one of the company's 
 houses, whilst his son and three nieces worked in the factory and lived with him. 
 He describes what occurred as follows : 
 
 I was not working for the corporation, but I was active in the campaign. I was one of the sign- 
 ers of the Butler call and one of the vice-presidents of the Butler Club. I contributed two or three 
 dollars to the Butler flag-raising, when we were going to have a good time. Mr. Waters, who had 
 asked for the hall, came to my house when I was not at home ; my wife told me of his being there. 
 Immediately after this, a notice came from the mill that I must vacate my tenement within two 
 weeks. It was signed by Robert McArthur and by Charleg A. Chase, clerk. For two or three days 
 nothing was said, and they sent for me to come to the shop. 
 
 The son was notified to quit work, and did quit. The effect of this notice to 
 leave, upon men who had families dependent upon them, was to take away their 
 freedom of action, and they were obliged to vote as their employers required, for 
 they had no place to go with their families. 
 
CIVILIZED BULLDOZING IN MASSACHUSETTS AND RHODE ISLAND. 547 
 
 Its effect appears to have been decided upon the voters. Their timidity was 
 
 described as follows : 
 
 They spoke to me about making arrarigements about raising a flag, as I did not work for 
 the company and cared nothing for the company. They were afraid to take an active part in it, 
 but agreed to contribute toward defraying the expense. I had a list of some twenty-four names 
 of those who contributed— some a dollar and some two dollars— toward hiring the band and pay- 
 ing the expense of a French speaker. After Mr. Waters came with a notice of Mr. Thayer's and 
 Mr. Mellen's meeting, this notice which followed, from Mr. McArthur to my father, made a change. 
 Those men did not seem to dare to speak to me on the front street there ; they would come around 
 after dark and call me out to speak to me : they would pass me on the street without speaking, 
 and they told me, two or three different ones, that it was coming near winter, and they did not wish 
 to lose their jobs ; still they wished to vote for Butler. 
 
 BALLOTS TAKEN AWAY FROM VOTERS AND OTHERS FORCED UPON THEM. 
 
 The selectmen of the town have charge of the ballot-box on election day. 
 McArthur, an employee of the company, was in charge of such in 1878. Chase 
 and Knox, two other employees of the company, were in attendance. The work- 
 men were provided with Republican tickets at the works, hauled in wagons to 
 the polling place, and voted under the direct supervision of McArthur, Chase and 
 Knox. A witness describes the process thus : 
 
 My attention was called to the peculiar way they had of mangaging the voters there. I stepped 
 up to the little railing that they had there to» go around and up to the polls, and I saw two men 
 stationed at the entrance where the voters went in. One was a Mr. Chase, the other was a Mr, 
 Knox. I saw that the help of the village (I was acquainted with a great por'ion of them) came 
 along in a sort of rotation. Mr. Chase was on one side and this Mr. Knox was on the other, and 
 as each man came up they would take hold of the ticket that the man had, and say, " That is right, 
 pass on." Another would come up, and they would say: " That is right, pass on." Another 
 would come up, and they would say: " Hold on, that is not the vote you want to cast." " Why, 
 yes, it is the vote I want to cast." " No, it is not." "Why, certainly, this is my vote." "O, no;" 
 and he got it out of the man's hand, tore it up and threw it on the floor. He said, "You do not 
 want to vote such a damned vote as that." He then handed the voter another one. The man 
 then remarked, " I don't want to cast this vote. " The reply was, " Go right along ; that is the vote 
 you want." The man went right along and put it in the box. Mr. Hastings, the constable, stood 
 right opposite, and 1 stood, perhaps, four feet from this Mr. Knox. 
 
 Another instance is given thus : 
 
 Q. Who was at the polls to receive the employees in November last ? A. Mr. Chase. 
 
 Q,. Is he connected with the corporation ? A. He is the book-keeper there. 
 
 Q. Who takes them from the mills to the polls ? A. The teams of the corporation take 
 them. 
 
 Q. What have yoii seen in regard to tickets when they have got to the polls ? A. I have seen 
 Mr. Chase change their tickets. He generally stands at one side there where there is a small 
 place to go through, and, as they come along, he always has the ballots there, and I have seen him 
 change them, and have seen them get tickets from him and carry them in. 
 
 Q,. The specific tickets you speak of, did they examine those ? A. I do not know whether they 
 could or not. Pretty nearly all of those who work there are French, and I do not know whether 
 they could examine them. 
 
 Q,. Do you know whether those tickets were in envelopes or open? A. I have seen Mr. Chase 
 give tickets to them that were open. 
 
 Q. Did you see this occur in November, 1878? A. Yes, sir. 
 
 Q.. Specify an instance and describe how this occurred, if you can? A. As they passed along he 
 was standing there on this side, and as they would come up to the polls he would stop them, hand 
 them one of the tickets, and say, "Here, carry it in." They might have had an envelope or some- 
 thing of that kind. I have seen them have envelopes. I have seen that occur. 
 
 The ballot-boxes were open boxes and those in charge could see the form and 
 appearance of the ballot voted, and they were easily distinguishable apart. 
 
 The result of this close supervision of the votes of the operatives by their 
 employers, and the fears which prevailed among them lest they should be dis- 
 charged, very naturally affected the result in the district in which they voted, 
 and gave to the candidates favored by the' employer a large number of votes they 
 would not have received if perfect freedom of action had been allowed to the 
 workmen. 
 
 Your committee examined a number of witnesses in regard to' the manage- 
 ment and manner of voting at Webster, Worcester County, by the employees of 
 the Slater Manufacturing Company, where several hundred men are employed ; 
 a majority of whom are Irishmen, and the proof showed about the same state 
 of facts as existed in Manchaug. 
 
548 CIVILIZED BULLDOZING IN MASSACHUSETTS AND RHODE ISLAND. 
 
 The same was the case at the Douglass Axe Factory, where the agents of the 
 company stood at the door of the election-house, watched every one of the em- 
 ployees who came in, passed him the Republican ticket, and told him it would be 
 to his interest to vote that ticket. 
 
 The Boston Elastic Fabric Company employs a large number of hands, most 
 of whom were Democrats, but under the orders of their employer, Mr. McBirney, 
 they were nearly all required to vote the Republican ticket in November, 1878. 
 The foreman of the factory stood at the polls in Chelsea all day on election day 
 between the door and the ballot-box, and required the men employed nnder him 
 to vote the Republican ticket. Another of the employees was directed to tell them 
 that this was their employer's wish, and they must govern themselves accordingly. 
 This was done and the men very generally obeyed the orders given. One testi- 
 fied that he did not and was soon driven out of that employment. 
 
 THE AID OF THE CHURCH INVOKED. 
 
 The campaign of 1878, in Massachusetts, seems to have been anomalous. For 
 the first time, so far as your committee could learn, ministers of the Christian re- 
 ligion were openly invited to aid in the campaign by furnishing the names and 
 post-office address of their church members, to the end that documents containing 
 the dogmas of a political party might be sent to them through the mails. 
 
 A circular in the following form was sent to every clergj'man in the state, 
 whose name and address could be found from the religious monthlies: 
 
 Republican State Committee or Massachusetts, ) 
 
 Adin Thatbb, Chairman. ) Headquarters, 376 Washington Street, V 
 
 S. B. Stbbbins, Treasurer. >• Boston, September, 26, 1878. ) 
 
 George C. Crocker, Secretary. ) 
 
 Bear Sir : In order to enable us to distribute documents effectively, will you kindly furnish 
 us immediately with a list of the male members of your church and parish, and with such other 
 names as you may deem expedient. By so doing, you will aid us in saving the honor of our com- 
 monwealth. 
 
 With esteem, yours, ADIN THAYER, Chairman. 
 
 George C. Crocker, Secretary. 
 
 There were a large number of responses, and documents were sent to the 
 names and addresses furnished. Of the character of the documents furnished to 
 the members of the churches, your committee did not learn, but it is fair to sup- 
 pose that, as the following circular seeks to arouse the alarm and indignation of 
 " Christian citizens," it was forwarded to church members : 
 
 Republican State Committee op Massachusetts, 
 Adin Thayer, Chairman. ) Headqfarters, 376 Washington Street, 
 
 S. B. Stebbins, Treasurer. V Boston, September 19, 1878. 
 
 George C. Crocker, Secretary. ) 
 
 Dear Sir : A desperate attempt is being made, under a hypocritical pretense of state reform, to 
 deliver Massachusetts over to the Repudiationists, Greenbackers, and Communists. 
 
 This attempt should excite the alarm and indignation of every Christian citizen, and call forth 
 the active, earnest, and persistent opposition of every lover of the fair fame of Massachusetts. 
 
 It must be mot defiantly and vigorously at once by private and public appeal to the intelligence, 
 honor, and conscience of Massachusetts. 
 
 The state ticket nominated by the Republican party stands for public and private honesty and 
 national good faith. 
 
 We earnestly invoke your active aid in securing its election, and thus saving the " old common- 
 wealth" from the control of unscrupulous and self-seeking demagogues. 
 
 Per order of the Republican State Committee. ADIN THAYER, Chairman. 
 
 George P. Crocker, Secretary. 
 
 Your committee deems this system of electioneering dangerous and vicious, 
 calculated as well to bring the Christian religion into the mire of politics as to 
 arouse sectarian animosity among the people. 
 
 CrVILIZED BULLDOZING IN RHODE ISLAND. 
 
 In pursuing another duty enjoined by the Senate in Rhode Island, this subject 
 of controlling the votes of employees by the employers, through fear of loss of 
 work, was incidentally examined. 
 
 >f 
 
CIVILIZED BULLDOZING IN MASSACHUSETTS AND RHODE ISLAND. 549 
 
 AtWesterly, in the southwestern part of the state, there are two corporations known 
 as the New England Granite Company and the Smith Granite Company. They 
 employed in 1876 about 150 men in getting out and preparing granite. Direct in- 
 fluence was brought to bear upon these employees about a week before the Presi- 
 dential election of 1876 by these corporations issuing a handbill and circulating 
 it where the men worked, which stated that the election of Mr. Tilden would be 
 a great injury to their business, and by the concluding paragraph, which declared 
 they would secure tJieir own interest by voting against Mr. Tilden. The «ircular 
 was in these words: 
 
 TO ALL VOTERS 
 
 Employed by the 
 
 N. E. GRANITE WORKS AND THE SMITH GRANITE CO. 
 
 Having become fully convinced that the election of Samuel J. Tilden and a Democratic Con- 
 gress, on the 7th of November, will do a great injury to our business, and will also be a National 
 Calamity, we do most earnestly advise all VOTERS IN OUR EMPLOY to vote the Republican 
 Ticket, more especially for a Republican Member of Congress. You will, by so doing, secure your 
 own interest, our interest and the interest of your country. 
 
 The N. E. GRANITE WORKS. 
 The SMITH GRANITE CO. 
 
 The plain implication from the language here used is that the injury to the 
 business of the corporation would result in loss of employment to the workmen, 
 and it undoubtedly had the effect to intimidate voters. 
 
 It was shown that at Hope Village in the Congressional election the Republicans 
 used a colored ballot of a very distinctly marked color. At that time there were 
 a number of Democrats employed in the works who attended Democratic meet- 
 ings and desired to vote that ticket, but when these men came to vote on election 
 day, men in the employ of the Hope Manufacturing Company stood at the ballot- 
 box and watched the ballots all day. Some of these Democrats declared that they 
 did not dare to vote. 
 
 At Woonsocket there are seven or eight large manufacturing establishment^.. 
 They employ many workmen, a majority of whom are of foreign birth, and among 
 the employees are many whose political opinions are Democratic. It was shown 
 that at almost every election for years these men voted under the eye of their em- 
 ployers' agents who were Republicans, and in very many cases under circumstances 
 showing intimidation and fear of loss of work. 
 
 companies' agents IN CHARGE OF POLLING PLACES. 
 
 One witness described the acts which he thought amounted to intimidation, in 
 this language : 
 
 From the Woonsocket Machine Company at the last Congressional election, they had their 
 overseer posted about two feet from the ballot-box, and he was handing ballots to the operatives as 
 they came up to vote. His name is Charles A. Chase. I remember now a party who did work for 
 the Woonsocket Machine Company, who told me, shortly after the election, that he was going to 
 lose his position, and he did lose it. About a month after that they discharged him because he 
 would not peddle Republican ballots in the shop. 
 
 Another witness describes it thus : 
 
 I have known men employed in the Woonsocket machine shop to be marched up, in the hall, in 
 squads by a man named Chase, who had some position there— I do not know whether it was that 
 of engineer or what it was— and compelled to hold their hands up with the ballots in them in this 
 manner. [The witness elevated his right hand to a level with his head.] They walked along 
 and he went with them, watching them until, as each man dropped the ballot in, he took his eye 
 off the man. At the last Congressional election I saw him march up two sqaads from the machine 
 shop. I know one man up there who, at the same election, informed me that he wanted to vote 
 the Democratic ticket, but was obliged to vote the Republican ticket, because he had been given to 
 understand that it would be for his interest to do so. His property was mortgaged, and a party who 
 ran on the Republican ticket controlled, or his intimate friend controlled the mortgage at the time. 
 The man was afraid to vote otherwise, he informed me. They have come to me, for instance, and 
 to other Democrats in my hearing and sight and said, " We want a ticket." This was the evening 
 before the election. And they gave us a ticket and said that they had to carry it or they would lose 
 their job. There is a strong feeling in their minds that if they do not vote the ticket that is given 
 to them by their employers they are liable to be turned off, that they are spotted, and, if anybody 
 is turned off, it will be them. These employees who are Democrats, who have been furnished with 
 
550 CIVILIZED BULLDOZING IN MASSACHUSETTS AND ERODE ISLAND. 
 
 tickets or who say, " We shall be furnished with a ticket by the boss or the manufacturing com- 
 pany's agents," come to our headquarters and say, " We want a ticket in our pockets that is of our 
 kind, so that we can vote it if we change it for the other." Well, the employers have found that 
 they were being cheated by the men; that the men, in spite of their convincing advice, had got the 
 tickets that they wanted to vote and had put them in. That accounts for their compelling the men 
 to hold their hands up. They give them their ticket when they get out of the carriage and compel 
 them to hold it up in their hands as they march along through the crowd. 
 
 company's TIME-KEEPER NOTES HOW EACH EMPLOYEE VOTES. 
 
 It was shown that in the Tenth Ward of Providence, at the Presidential election of 1876, the time- 
 keeper employed by The Corliss Steam Engine Company was at the polls with his book, and as 
 every man working for his establishment would cast his ballot he would check his name or write 
 his name down upon the book. He was not there as .m official of the election. He would watch to 
 see which way a man voted and then take memoranda in his book. Employees complained of this 
 and said they were afraid to vote. The ward was largely Democratic, and this action produced distur- 
 bance on the part of citizens who sought to have the time-keeper removed, because the employees 
 of the Corliss Steam Engine Company were afraid if they voted their principles, they would be dis- 
 charged from the works, and he was finally removed from the place. This company employed 
 several hundred men at that time. 
 
REPUBLICAN DISCRIMINATION AGAINST FOREIGN BORN CITIZENS. 551 
 
 REPUBLICAN DISCRIMIMTION AGAINST 
 FOREIGN-BOM CITIZENS. 
 
 Extracts from a report of the United States Senate Committee submitted by 
 Mr. Wallace in the Senate : 
 
 Your Special Committee was directed to inquire and report to the Senate con- 
 cerning the denial or abridgement of the right of suffrage to citizens of the United 
 States, and now reports the result of its labors. 
 
 Article 11 of the Constitution of the State of Rhode Island prescribes the quali- 
 :fications of electors in that state, which are further fully set forth in the General 
 Statutes of the state, passed in pursuance of said article, from which we quote as 
 follows : 
 
 CHAPTER V. 
 
 OF THE RIGHTS AND QUALIFICATIONS OF VOTERS. 
 
 Section 1. The two following classes of persons have bv the Constitution— the first as regis- 
 tered and the second as unregistered voters— a right to vote m the election of all civil officers, and 
 on all questions, in all legally organized town, ward, or district meetings. 
 
 First. Every native male citizen of the United Second. Every male citizen of the United 
 
 States of the age of twenty-one years, and who States of the age of twenty-one years who has 
 has had his residence and home in this state had his residence and home in this state for 
 two years, * * * whose name shall one year, * * * and who is really 
 be registered in the office of the clerk of the and truly possessed in his own right of real es- 
 town where he resides on or before the last day tate in such town or city of the value of one 
 of December in the year next preceding the hundred and thirty- four dollars over and above 
 time of his voting, and who shall show by legal all incumbrances, or which shall rent for seven 
 proof that he has, for and within the year next dollars per annum over and above any rent re- 
 preceding the time he shall offer to vote, paid a served, or the interest of any incumbrances 
 tax or taxes assessed against him in any town thereon, being an estate in fee simple, fee-tail 
 or city in this state to the amount of one dollar, for the life of any person, or an estate in rever- 
 including in such tax or taxes a tax upon his sion or remainder, which qualifies no other per- 
 property in the town in which he shall offer to son to vote, the conveyance of which estate, if 
 vote valued at least at one hundred and thirty- by deed, shall have been recorded at least nine- 
 four dollars. ty days. 
 
 Sec. 2. The two following classes of persons have, by [the Constitution, as registered voters, a 
 right to vote in all elections, and on all questions as aforesaid. * * ♦ ♦ * 
 
 First. Every male native citizen of the United States of the age of twenty-one years, * * * 
 and whose name shall be registered in the town where he resided at the time of such registry on or 
 before the last day of December in the year next preceding the time of his voting, and who shall 
 show by legal proof that he has, for and within the year next preceding the time he shall offer to 
 vote, paid a tax or taxes assessed against him in any town or city in this state, to the amount of 
 one dollar. 
 
 Sec. 3. The following class of persons have, by the Constitution, as unregistered voters, a right 
 to vote in the election of all general officers, and members of the general assembly, in the town or 
 city in which they shall have had their residence and home for the term of six months next preced- 
 ing the election. 
 
 Every male native citizen of the United States of the age of twenty-one years, * * * 
 
 and shall own any such real estate within this state, but out of the town or city in which he resides 
 as is described in the second clause of the first section of this chapter, and who shall j)roduce a cer- 
 tificate from the clerk of the town or city, in which his estate lies, bearing date within ten days of 
 the time of his voting, setting forth that such person has a sufficient estate therein to qualify him as 
 a voter, and that the deed, it any, has been recorded ninety days. 
 
552 REPUBLICAN DISCRIMINATION AGAINST FOREIGN-BORN CITIZENS^ 
 
 CHAPTER VI. 
 
 OP THE REGISTERING, LISTING, AND RETURNING LISTS OF VOTERS, AND OP 
 PROOF OF THEIR QUALIFICATION TO VOTE. 
 
 Sec. 2. The town clerk shall register in such hook, with the date of the registry, the name of 
 every male inhabitant of the town who shall demand such registry and who shall declare that he 
 is qualified by birth * * * 
 
 Sec. 10. The assessors of taxes in each town shall, within five days after said second Monday of 
 January in every year, assess upon every person whose name shall have been registered as afore- 
 said, as his registry tax, a tax of one dollar, or such sum as with his other taxes shall amount to 
 one dollar * * *. 
 
 The distinction herein made between the rights of native born and foreign bom 
 citizens to vote, is so broad and well marked that at the outset of our inquiry the 
 attention of your committee was arrested by it, as an anomaly in the American 
 system, and we have given it careful examination and thought. 
 
 Carl W. Ernst, an intelligent Republican foreign born citizen, gives an esti- 
 mate, after a careful examination, and places the number of disfranchised foreign 
 born citizens at not less than 10,000 to 15,000. He testifies as follows: 
 
 Rhode Island contains not less than 75,000, probably 80,000 males twenty-one j'ears old or more. 
 The highest vote ever polled in this state is that of 1876, for President, when 26,627 votes were cast. 
 The state census of 1875 gave 42,741 as the number of legally qualified voters, and, approximately, 
 72,257 as the number of males of 21 years or more. It appears, then, that in 1875 nearly 30,000 males 
 were either disfranchised citizens or aliens. It is reasonable to assume the following as correct: 
 
 Number of possible voters 80,000 or 100 per cent. 
 
 Number of legal voters 45,000 or 56 per cent. 
 
 Number of disfranchised citizens 17,500 or 22 per cent. 
 
 Number of aliens 17,500 or 22 per cent. 
 
 The Chairman : You have been called at my instance, because, having observed some statistics 
 in the paper which you edit, I wish to get some information from you upon the subject of which 
 they treated. 
 
 The witness: The result of the last calculation that I made was that the state must have now 
 about 300,000 inhabitants. Applying the ordinary rate of voters which obtains throughout the 
 country, it would follow that we ought to have very nearly 70,000 persons entitled to vote. The 
 registered voters was 42,000 and something. So that that shows there are at least 24,000 not ac- 
 counted for. In Dr. Snow's report the persons enumerated as qualified voters are not persons actu- 
 ally qualified, but persons who have the constitutional qualifications to vote. They include, for 
 instance, the unregistered registry voters, the explanation which he gives himself. And, therefore, 
 1 am obliged to infer that the number of persons who are either alien residents or who are disfran- 
 chised citizens is very much greater than is commonly supposed. The United States census of 1870 
 enumerates about 43,000 voters in this state. Dr. Snow's census, taken five years later (that of 
 1875), enumerates about 42,000. We have in Rhode Island the extraordinary phenomenon of a con- 
 stant decrease in the number of voters (who are almost exclusively natives), while the number of 
 residents who are disfranchised increases. To all intents and purposes Rhode Island has now 
 more people of foreign birth or foreign parentasre than it has of people who are natives, and that 
 fact applies as emphatically to this city of Providence and to some of the principal towns of the 
 state as it does any other portion of the state. I speak of the whole state. I say that of the popu- 
 lation of tlse whole state there must be to-day at least thirty per cent, of persons born abroad, and at 
 least thirty per cent, of persons of foreign parentage; the remaining forty per cent, being of per- 
 sons who are natives of this country. We have at least 75,000 males in this state over twenty-one 
 years of age. Of these 75,000 about 40,000 (I hardly think more than that) are registered voters, or 
 persons who can appear at any election. That leaves 35,000 to be accounted for. Of these not less 
 than 5,000 are persons who are constitutionally qualified to vote, but who have failed to register or 
 pay their taxes, and in that way are thrown out. Of the 30,000 remaining to be accounted for a 
 large number are undoubtedly natives of this country or of other states, aliens, and a floating popu- 
 lation, the latter being made up of persons who come here for certain periods; for instance, Cana- 
 dians who work in our factory villages, jewelers who work in our shops, and others, mainly young 
 men, who come here for temporary employment. These 30,000 cover also certainly a number of 
 alien residents who eventually, undoubtedly, would take out their naturalization papers if they 
 could vote, but who have now no interest in becoming citizens of the country. We come now to 
 the number of disfranchised citizens. Making a liberal allowance for the floating population, I 
 think that the number disfranchised in this state cannot be less than 10,000, and it may be 15,000. I 
 speak of citizens of the United States who are in the same position in which I am, who are citizens 
 of the country, but who are not allowed to vote because they do not have the necessary real estate. 
 
 In order to aid in ascertaining the probable number of persons, citizens of the 
 United States, who were denied the privilege of voting because of their nativity, 
 or by reason of the restrictive laws before quoted, the state census of Rhode 
 Island of 1875 has been taken by your committee as a basis of calculation. 
 
 The total population in 1875 was 258,239 
 
 •' number born in the United States 186,609 
 
 " " " " foreign countries i ._ 71,630 
 
 The total number of votes . 42,741 
 
 " native born 37,377 
 
 foreign 5,364 
 
REPUBLICAN DISCRIMINATION AGAINST FOREIGN-BORN CITIZENS. 553 
 
 or one to every thirteen born abroad, while one to every five in the whole popu- 
 lation is the general rule. 
 Of the whole number of persons in Rhode Island there were : 
 
 Native born - 72. 22 per cent. 
 
 Foreign born -. 27.67 " " 
 
 Of American parentage ._. 52.17 '* " 
 
 Of foreign parentage ^ 47.83 " " 
 
 Of the whole number of voters there were : 
 
 Native born. 87.45 per cent. 
 
 Foreign born - 12.55 " " 
 
 The whole male population over twenty years of age was 74,753, of 
 whom 52.17 per cent, were voters. Comparing Rhode Island with Massachu- 
 setts we find that the percentage of votes to the male population over twenty 
 years of age was as follows. 
 
 Rhode Island _ _ 57. 17 per cent. 
 
 Massachusetts - 76.34 " " 
 
 Of the whole number of voters in these states there were : 
 
 In Massachusetts, native born 80. 03 per cent. 
 
 In Rhode Island " " 87.45 " " 
 
 In Massachusetts, foreign born. 19.07 " " 
 
 In Rhode Island, " " .._ 12.55 " " 
 
 Of the whole number of male persons the following percentage were voters : 
 
 In Massachusetts 44.00 per cent. 
 
 In Rhode Island 34.04 " " 
 
 In Massachusetts in the whole number persons there are voters. _. 21.25 " " 
 In Rhode Island " " *' " " " " ... 16.55 " " 
 
 Or a loss of 4.70 per cent, as compared with Massachusetts, which would be a 
 loss of 12,000 votes as compared with that state. 
 
 This comparison with Massachusetts is more favorable to Rhode Island 
 than if made with any other state, owing to the educational qualification there 
 existing. 
 
 In the light of the testimony taken by the committee, the discrepancy between 
 the voting population of Massachusetts and Rhode .Island is readily accounted 
 for. It is the result of the practical denial of suffrage to citizens of the United 
 States of foreign birth, and of impediments to the exercise of the electoral fran- 
 chise by poor natives, under constitutional provisions, executed under rigid reg- 
 istry laws. 
 
 From the figures given by witnesses brought before the committee it is possible 
 that, under the Fourteenth Amendment and the Act of 1872, Rhode Island might 
 rightfully have been deprived of one representative in the House of Representatives 
 of the Forty-fourth Congress, and that her additional vote in the Electoral College 
 thus secured, decided the question of the presidency in 1877, the vote as returned 
 by the Electoral Commission being 185 to 184, and it might again decide it. 
 
 As instancing the peculiar hardship of the real estate qualification in Rhode 
 Island the following facts culled from the testimony are interesting. 
 
 Rhode Island has a less number of acres of land than any state in the Union, yet 
 she is the only one where real estate votes. 
 
 Total mimber of square miles in Rhode Island 1, 054. 
 
 Total number of acres in Rhode Island 674,560. 
 
 Total number of inhabitants to the square mile 244. 90 
 
 Total number of inhabitants to the acre 2.61 
 
 According to the census of 1870 the total value of real estate and improvements 
 
554 REPUBLICAN DISCRIMINATION AGAINST FOREIGN-BORN CITIZENS. 
 
 in Ehode Island was $132,876,581, being in the proportion of $611 to each inhabi- 
 tant. According to the census of 1875 and the Rhode Island Manual the total 
 valuation of real estate and improvements in that year was $190,279,473, or $736 
 to each inhabitant. The total number of acres in farms 480,928, leaving but 
 193,682 otherwise classified, the total number being 6,363 fanns, valued at $28,892,- 
 836, the farms averaging 75.58 acres at $4,540 per farm. Of the real estate improve- 
 jnents not classified as farming land the total valuation was $161,387,137, or an 
 average of $833.47 per acre. The total number of dwelling-houses in the state 
 was only 38,875 in 1875. The testimony shows that a large part of the foreign 
 population was employed in the manufacturing establishments of the state, and 
 that a small house suitable for an operative and his family would cost $2,000, and 
 upwards. 
 
 Restricted suffrage, registry taxes upon poor men alone, statutory closing of the 
 poUs at sunset, instead of at eight o'clock, as formerly, by which the operatives in 
 the mills are prevented from voting, and the compulsory payment of the registry 
 tax ten months prior to the general election, in a presidential year, cause great 
 complaints upon the part of the poor men and foreign born citizens in Rhode 
 Island ; and to these features of her laws many intelligent witnesses ascribe the 
 small percentage of voters among her people and the large amount of coiTupt 
 practices in the elections of the state. A foreign-born soldier, breveted a major 
 for gallantry, said, under oath, ' ' I have never qualified myself to vote for the 
 reason that I consider the principle wrong; that suffrage ought to be based on 
 manhood, and not on real estate ; and that no qualification was required for 
 negroes, their color being suflacient passport, provided they vote right." In reply 
 to the question, what action the government of the United States could take to 
 remove the disqualifying features of the state constitution, he said, "that by the 
 Fourteenth and Fifteenth Amendments of the Constitution of the United States, 
 universal suffrage Vas forced upon the South, and that the rule ought to work 
 just as well on the North." Another foreign-born soldier, breveted at Missionary 
 Ridge as Lieutenant-Colonel, testified that he had tried to get many foreigners to 
 become naturalized, telling them that in time they would become voters, but they 
 would not do so, as they declared they would feel more degraded in becoming 
 citizens of the United States, and not having the privilege of voting then they felt 
 that they were without naturalization; lie said that was his own feeling, and 
 although he owned no real estate now, but did when he voted, he felt that one 
 who had for so long been a soldier in the service of the country ought not to need 
 any such qualification. 
 
 The owner of real estate gets upon the registry of voters by virtue of his real 
 estate. The native born, owner of personalty, pays his taxes of over one dollar 
 and thus he gets upon the registry, but the native who owns no taxable property 
 must personally register himself and pay his taxes or he cannot vote ; the foreign 
 born citizen may own personalty, but cannot vcte unless he owns real estate, and 
 of course, he cannot get upon the registry. If registry taxes for one year are 
 not paid the Constitution forbids the vote until the arrears for two years are 
 paid up. 
 
 This is the explanation of the fact proved in this testimony that out of 42,741 
 voters shown by the census of 1875, to be in the state and qualified to vote, but 
 26,627 actually did vote in the hotly contested presidential election of 1876 ; 
 16,114 voters, or about three-eighths of the whole voting population, actually ab- 
 stained from voting. No such percentage of non-voters is found anywhere, 
 l^orth or South, in that election. In the great central belt of states North, 
 
REPUBLICAN DISCRIMINATION AGAINST FOREIGN-BORN CITIZENS. 555 
 
 over 90 per cent, of the whole vote therein was polled at that election, whilst 
 in Rhode Island but about 63 per cent, finds its way to the polls. 
 
 Naturalized citizens may own any amount of personal property, and pay any 
 amount of taxes thereon, but they cannot vote unless possessed of a certain 
 amount of real estate. Foreign born citizens who were naturalized and voted in 
 Ehode Island long before the war of the rebellion, and who served the United 
 States and the state of Rhode Island, in Rhode Island regiments throughout the 
 war, and who have been shown to have lost this real estate, have been deprived 
 of the right to vote by that loss. 
 
 As a specimen case your committee refers to that of Col. James Moran, of 
 Providence. An abstract of his testimony is as follows : 
 
 Lived here twenty-eight years; foreigner; naturalized; entered service of United States from 
 Rhode Island under promises made by the state officials that foreigners who went into the service 
 could vote when they came back; commissioned as second lieutenant; promoted to captaincy; 
 served three years; honorably discharged; held an election for officials m Rhode Island in his 
 company in the army, but could not vote himself; was a voter once because he owned real estate; 
 has lost it and cannot vote now; been colonel in militia, and notary public; majority of the opera- 
 tives in the mills are foreigners; are changed about and can't save money to buy homes. 
 
 A similar case is that of Col. John M. Duffy, who had been a resident of Providence for twenty 
 years. He entered the service of the United States in May, 1861, in the Second Rhode Island Volun- 
 teers, as a private, being promoted, subsequently, to sergeant, 2d lieutenant, and 1st lieutenant of 
 that regiment. After same service in the Second Rhode Island Volunteers, he was honorably dis- 
 charged to accept the commission in the United States Regular Army, as first lieutenant in the 
 13th Infantry, being brevetted lieutenant-colonel for gallantry at the battle of Missionary Ridge. 
 He remained in the a'-my until 1869, when he was discharged for disability, and received a pension 
 of S15 per month. Col. Duffy acquired real estate after his return from the army, and upon becom- 
 ing naturalized, was permitted to vote. Having lost his real estate from the vicissitudes of for- 
 tune, he has lost his right to vote. 
 
 The case of Hon. Thomas Davis, formerly a member of Congress from Rhode 
 Island, is given in the following condensation of his testimony : 
 
 Live in Providence ; foreigner ; naturalized forty-five years ago ; seventy-five years old ; a 
 manufacturing jeweler ; been in both branches of the legislature a number of times ; member of 
 Congress from Rhode Island in 1853-'4 ; then owned real estate ; I am not now a qualified voter ; 
 I failed in business and the title to my property passed to my assignees, and I cannot now vote ; 
 colored men now vote here like native-bom whites, while every foreign-born citizen is excluded 
 unless he owns real estate ; the effect of this is bad ; it makes the voters mercenary ; wealth con- 
 trols suffrage in Rhode Island ; money is all-powerful here ; it can overwhelm public sentiment at 
 any time here ; have been both a Republican and a Democrat, but always advocated the repeal of 
 this restriction. 
 
 Thomas McMurrough.— Naturalized ; cannot vote ; no real estate ; am president of the Rhode 
 Island Suffrage Association ; presented a memorial praying for extension of suffrage to foreign- 
 born citizens ; father lived in Massachusetts, a naturalized citizen and a voter there ; the line 
 between the states was changed and we were thrown into Rhode Island we cannot vote now, for 
 we own no land ; at least 5,000 naturalized citizens in the state who cannot vote. 
 
 Daniel Donovan.— Naturalized ; came from Connecticut ; lived in United States since five years 
 old ; am a skilled mechanic ; ten of us work together in one room in our factory ; the highest 
 grade room in it ; six of the ten are foreigners and cannot vote for want of land ; a house and lot 
 to suit my family would cost me $3,000. 
 
 Repeated efforts have been made to secure the alteration of the Constitution of 
 Rhode Island in regard to property qualifications for foreign-born citizens, but 
 they have always been defeated. In the case of the submission of the question 
 of the extension of suffrage to soldiers and sailors who had served in Rhode 
 Island regiments during the war, submitted during the presidential canvass of 
 1876, the testimony shows that it was made a party question at the polls. 
 
 Witnesses testify that a minority of her people has ruled Rhode Island for 
 more than fifteen years past, and that the opposition to the extension of suffrage 
 came mainly from those now in power, who fear the loss of place that would 
 follow. 
 
556 REPUBLICAN DISCPvIMINATJON AGAINST FOREIGN-BORN CITIZENS. 
 
 The average vote cast in each Congressional district in the New England 
 States in past four Congressional elections, is as follows : 
 
 States. 
 
 1872. 
 
 1874. 
 
 1876. 
 
 1878 
 
 Massachusetts 
 
 17,521 
 14,333 
 18,101 
 24,232 
 22,964 
 9,465 
 
 16,467 
 12,940 
 19,565 
 26,528 
 26,295 
 3,381 
 
 23,609 
 21,448 
 25,357 
 30,539 
 26,708 
 13,026 
 
 22,707 
 16,358 
 25,749 
 
 Vermont 
 
 Maine . . 
 
 
 26,089 
 
 New Hampshire 
 
 25,257 
 
 Rhode Island . . 
 
 9.198 
 
 
 
 It is thus seen that the average vote to the Congressional district in Rhode 
 Island of the combined Democrat and Republican candidates was only 3,381 in 
 1874, whilst in the remainder of New England it was 20,359 to the Congressional 
 district ; and while Connecticut in the presidential contest polled 30,539 votes in 
 each of her Congressional districts, Rhode Island polled but 13,313 votes to 
 choose a Congressman. 
 
 Florida and Rhode Island have each two Congressmen. The population of the 
 former in 1870 was 187,748, of the latter 217,353 ; yet in the presidential election 
 of 1872 Florida polled 33,190 votes, or one to every five and a third, whilst Rhode 
 Island polled but 18,994, or one to every eleven and a half. In 1876 Florida 
 polled a total of 46,772 votes, and Rhode Island but 26,627. 
 
 At the Congressional elections the comparison is as follows : in each Congres- 
 sional district the average vote in — 
 
 States. 
 
 1872. 
 
 1874. 
 
 1876. 
 
 1878. 
 
 Rhode Island 
 
 Florida 
 
 9,497 
 16,595 
 19,036 
 28,970 
 
 3,381 
 17,639 
 28,952 
 20,560 
 
 13,313 
 23,386 
 36,555 
 27,798 
 
 9,198 
 19,549 
 
 South Carolina 
 
 34,439 
 
 Pennsylvania 
 
 24,281 
 
 
 
 The tables of the votes in these years show some curious facts when we con- 
 sider the drift of newspaper sentiment in the past eight years as to the whole 
 people voting in certain localities. They are worthy of careful examination and 
 furnish proof of the most positive character that the repeated charge that suffrage 
 is denied in the South to any class or race is untrue. 
 
REPUBLICAN DISCRIMINATION AGAINST FOREIGN-BORN CITIZENS. 557 
 
 TABLES OF VOTES FOR PRESIDENT AND CONGRESS. SHOWING AVERAGE PER 
 CONGRESSIONAL DISTRICT. 
 
 
 II 
 
 Presidential Election. 
 
 States. 
 
 1872. 
 
 1876. 
 
 Average per District. 
 
 
 1872. 
 
 1876. 
 
 Rhode Island 
 
 2 
 11 
 2 
 
 10 
 3 
 • 5 
 6 
 5 
 
 1 
 
 9 
 8 
 4 
 9 
 6 
 13 
 8 
 
 18,994 
 192,732 
 33,190 
 191,135 
 53,001 
 95,180 
 128,692 
 90,509 
 96,928 
 68,892 
 185,164 
 169,716 
 79,300 
 142,906 
 129,463 
 273,059 
 164,863 
 
 26,627 
 259,703 
 
 46,775 
 259,608 
 
 64,346 
 182,776 
 159,349 
 116,786 
 122,156 
 
 80,124 
 235,228 
 170,232 
 
 97,029 
 180,534 
 164.778 
 351,765 
 233,844 
 
 9,497 
 17,521 
 16,595 
 19,113 
 14,333 
 19,036 
 21,448 
 18,101 
 24,232 
 22,964 
 20,573 
 21,214 
 19,825 
 15,878 
 21,577 
 21,004 
 20,607 
 
 13,313 
 23,609 
 
 
 Florida .... 
 
 23,386 
 
 Kentncky 
 
 25,960 
 
 
 21,448 
 
 South Carolina .• 
 
 36,555 
 
 
 26,558 
 
 Maine 
 
 Connecticut . 
 
 25,357 
 30,539 
 
 
 26,708 
 
 Virginia 
 
 26.203 
 
 Alabama 
 
 2i;279 
 
 
 24,257 
 20,059 
 
 Georgia 
 
 Mississippi 
 
 27.463 
 
 
 87,058 
 
 North Carolina 
 
 29,230 
 
 States. 
 
 Vote for Congressmen. 
 
 1874. 
 
 Total 
 Votes. 
 
 Average to 
 District. 
 
 1878. 
 
 Total 
 Votes. 
 
 Average to 
 District. 
 
 Maine 
 
 New Hampshire 
 
 Vermont 
 
 Massac hussetts 
 Rhode Island . . 
 Connecticut .... 
 
 Alabama , 
 
 Arkansas 
 
 Florida 
 
 Georgia 
 
 Kentucky 
 
 Louisiana 
 
 Maryland 
 
 Mississippi , 
 
 Missouri 
 
 North Carolina. , 
 South Carolina. 
 
 Tennessee 
 
 Texas 
 
 Virginia 
 
 West Virginia.., 
 
 10 
 
 13 
 
 *78,263 
 78,885 
 38,822 
 
 181,142 
 6,763 
 
 106,112 
 
 55*, lie 
 34,279 
 
 tll5,574 
 128,462 
 
 ^121,554 
 120,891 
 855.614 
 253,451 
 
 §124,381 
 144,760 
 154,106 
 
 1. . 
 178,611 
 
 19,565 
 26,295 
 12,940 
 16,467 
 3,381 
 
 18,372 
 17,639 
 14,447 
 12,846 
 24,311 
 20,148 
 27,807 
 19,496 
 24,896 
 28,952 
 15,410 
 
 19,846 
 22,088 
 
 128,746 
 75,773 
 49,075 
 
 ai9,783 
 18,396 
 
 104,357 
 88,306 
 42,558 
 39,098 
 
 125,511 
 
 159,905 
 
 120,315 
 
 illl51,f''?l 
 322,120 
 129,426 
 172,198 
 146,572 
 216,392 
 126,287 
 94,907 
 
 25,749 
 25,257 
 16,358 
 22,707 
 9,198 
 26,089 
 11,039 
 14,186 
 19,549 
 13,946 
 15,990 
 
 20,052 
 8,6013 
 24,778 
 ttl6,178 
 34,439 
 14,627 
 27,040 
 14,032 
 31,635 
 
 * Vote of four districts. 
 
 § Vote of five districts. 
 
 No opposition. H No contest in eighth district. 
 
TABLE OF CONTENTS. 
 
 TABLE OF CONTENTS. 
 
 PAGE.. 
 
 Platform oriDEMOCRATic National Co^fYENTiON, 1880 3 
 
 General Hancock's Letter or Acceptance 4r 
 
 Hon. Wm. H. English's Letter of Acceptance 6 
 
 Life of General Winfield S. Hancock 9 
 
 General Hancock at Gettysburg 13 
 
 General Hancock's Civil Record 16 
 
 The Celebrated General Order No. 40 17 
 
 President Johnson's Message Relative to General Order No. 40 18 
 
 General Hancock's Letter to Governor Pease, of Texas 19 
 
 General Hancock's Address and Motion in the Babcock Case 26 
 
 General Hancock's Speech to the Citizens of Washington 28 
 
 General Hancock's Letter to General Sherman, Dec. 28, 1876 29 
 
 Life of Hon, Wm. H. English 33 
 
 The Record of James A. Garfield 53 
 
 1. The Credit Mobilier Fraud 55 
 
 2. The District of Columbia Ring and the De Golyer Bribe 80 
 
 (a) Decision of Chicago Circuit Courti on De Golyer Bribe 120 
 
 3. The Sanborn Frauds 124r 
 
 4. The Back-Pay Grab and Salary Steal 131 
 
 5. The Indian Ring— Garfield's Services in its Behalf 139 
 
 6. Encouraging and Defending Petit Larceny 143 
 
 7. Garfield the Champion of O. O. Howard 147 
 
 8. The Black Friday Scandal— Garfield's Efforts to Suppress the Truth 151 
 
 9. Garfield the Friend of Robeson 15& 
 
 10. Garfield Champions Geo. F. Seward 18a 
 
 11. Garfield and the Electoral Fraud— As Chief of the Conspirators, he was 
 
 Counsel, Congressman and Judge 186 
 
 12. Three Monstrous Grievances ,. 189 
 
 1. Troops at the Polls. 
 
 2. Partisan Jury Laws. 
 
 3. Partisan Election Laws— Supeivisors and Deputy Marshals. 
 
 13. The Pacific Mail Steal 233 
 
 14. The Moth Swindle 240 
 
 15. Garfield and the Laboring Men 244 
 
 16. Some of Garfield's Votes 245 
 
 17. Garfield and General Shields 250 
 
 18. Garfield Against Free Salt 250 
 
 19. Judgment of his Republican Constituents 251 
 
 20. Garfield Against the Shipbuilders of New England 254 
 
 21. Garfield Against the Tax-paying Distillers of his own State 256 
 
 22. Garfield on Chinese Immigration 258 
 
 23. Garfield Opposes Reduction of Duty on Printing Paper 264 
 
 24. Garfield's Opposition to Foreigners 264 
 
 25. Garfield's Religious Intolerance . . .". 265 
 
 26. Garfield on Civil Tenure and Impeachment 266 
 
 Chester A. Arthur's Civil Record 269 
 
 1. Arthur falls out with the Hayes' Administration 270 
 
 2. John Sherman demands Arthur's removal from CoUectorship of the Port of 
 
 New York 271 
 
 3. Hayes removes Arthur on the ground that he is dishonest, incompetent, 
 
 and a Machine Politician 273 
 
 4. Sherman arraigns Arthur for "unlawful practices " and "gross abuses of 
 
 administration " 273 
 
 CmL Service Reform 278 
 
 1. Hayes' famous Civil Service Order No. 1 280 
 
11 TABLE OF CONTENTS. 
 
 Civil Service Reform : page. 
 
 2. How John Sherman Manipulated Ofllceholders in the South 282 
 
 3. Gorham Squeezes $106,000 out of Poor Department Clerks 284, 285 
 
 4. Returning Board Thieves and their Friends Rewarded with Money and 
 
 Offices to Keep them from Squealing 286, 291 
 
 5. Republican Civil Service Reform a Sham, and what it Cost the People 292-3 
 
 The Great Fraud of 1876 294 
 
 1. A Midnight Conspiracy Formed 294 
 
 2. How the Votes of Florida, Louisiana and South Carolina were Stolen for 
 
 Hayes 296-323 
 
 Treasury Book-keeping : 
 
 How Balances were forced by Interlineations, Erasures and Mutilations of the 
 
 Treasury Books 327 
 
 War Claims— Democrats Opposed to Paying them 333 
 
 The Xlllth, XlVth and XVth Amendments 342 
 
 (Held by Gen. Hancock and the Democratic Party to be Inviolable, pp. 3-4.) 
 
 The Democrats and the Soldiers 344 
 
 Republican Insult to the Mexican Veterans 362 
 
 The " Rebel Brigadier " — Fit for the highest honors as a Republican, but danger- 
 ous as a Democrat 365 
 
 The Negro Exodus 371 
 
 How the Poor Freedmen were Swindled 377 
 
 Twelve Years of Fraud, Peculation and Plundering: 
 
 The Emma Mine Swindle 398 
 
 The Whisky Ring 400 
 
 The Belknap Impeachment 405 
 
 The Venezuela Scandal 410 
 
 The San Domingo Job 415 
 
 History of a Carpet-Bag Government 421 
 
 Plundering the South 439 
 
 Frauds in the Post-Office Department 442 
 
 Petit Larceny in the Post-Office Department 458 
 
 Government Printing Frauds 459 
 
 Frauds in the Construction of Public Buildings 4 465 
 
 Frauds of the Pension Office 467 
 
 Frauds in the Department of Justice 476 
 
 Favoritism in the Enforcement of Judgments 479 
 
 Expenses of United States Courts 480 
 
 Sherman's Pet Bank 481 
 
 SCHURZ AND the InDIAN BUREAU 484 
 
 Another Ex-Cabinet Officer Brought to Grief 487 
 
 Presidential Luxuries : 
 
 How the People are Taxed to Pay for Dogs, Horses, Carriages, Croquet Sets, 
 
 China Dinner Service, etc., for the White House 492 
 
 The Executive Mansion 499 
 
 Expenses of the White House 500 
 
 The Botanical Garden — the Official Bouquet Shop 501 
 
 Expenditures for the District op Columbia 503 
 
 Appropriations and Expenditures : 
 
 Democratic Economy and Republican Extravagance 506 
 
 Territory Acquired under Democratic Rule 506 
 
 Squandering the Public Domain 526 
 
 Loaning the Public Credit to Corporations 528 
 
 Some of General Hancock's Orders 530 
 
 Civilized Bulldozing 531 
 
 Republican Discrimination against Foreign-born Citizens 545 
 
 Tables of Votes for President and Congressmen, showing Average Vote for 
 
 Each Congressional District 557 
 
 Forty-second and Forty-third Congresses compared with Forty-fourth and 
 
 Forty-fifth Congresses 510, 511 
 
 History of Appropriation Bills, Forty-fourth and Forty-fifth Congresses, 
 
 SHOWING Economies Inaugurated by the Democratic House 510 
 
 Table of Appropriations from 1868 to 1881, inclusive 519 
 
 Appropriations for Army, Navy, and Pensions, March, 1871, to 1880, in- 
 clusive 520 
 
 E3u»ENDiTURES— Seventy-two years Cost Less than Ten Years Republican Ex- 
 travagance 506 
 
 Seven Years of Democratic Frugality compared with Seven Years of Re- 
 publican Profligacy 509-10 
 
 Expenditures growing greater as we recede from the War Period 510 
 
 $100,000,000 Saved by the Democratic House 511 
 
 Table of Civil List and Net Ordinary Expenditures by Administrations.. 520 
 Detailed Statement of Expenditures, by Years, prom March, 1789, to June 
 
 30, 1879 521 
 
INDEX. Ill 
 
 INDEX 
 
 PAGE. 
 ACCEPTANCE : 
 
 Gen. Hancock's Letter of 4 
 
 Hon. Wm. H. English's Letter of 6 
 
 AMENDMENTS : 
 
 Thirteenth, Fourteenth and Fifteenth, to the Constitution 342 
 
 Held by Gen. Hancock, English and the Democratic party to be Inviolable 3-4 
 
 APPROPRIATIONS AND EXPENDITURES: 
 
 Democratic Economy and Republican Extravagance Contrasted 506-18 
 
 Extravagance of Forty-second and Forty-third Congresses, compared with 
 
 Economy of Forty-fourth and Forty-fifth 511 
 
 History of Appropriation Bills Forty-fourth and Forty-fifth Congresses, show- 
 ing Economy Inaugurated by Democratic House 511 
 
 Saving of $146,000,000 under the Profligate Estimates of the Republicans At- 
 tempted 513 
 
 Seventy-two Years from the Beginning of the Government to 1861 Cost less than 
 ten Years of Republican Extravagance since 1867, the Era of Extrava- 
 gance Inaugurated by the Republicans 506-7 
 
 Seven Years of Democratic Economy, Contrasted with Seven Years of Repub- 
 lican Profligacy, $1.94 per capita under Pierce and Buchanan, and 3.45 per 
 
 capita under Grant 509-510 
 
 Expenses of the House Folding Room decreased by the Democrats 514 
 
 Table of Civil List— Net Ordinary Expenditures 520 
 
 Statement of Expenditures of the United States from 4th of March 1789 to 
 
 June 30, 1880, inclusive, by Years 521 
 
 Struggle with Republican Senate in favor of Economy 512 
 
 $91,(X^,000 finally saved to the Tax-payers by the persistent efforts of a Demo- 
 cratic House 512 
 
 Tables of Appropriations from 1868 to 1881 inclusive 519 
 
 Appropriations for Army, Navy and Pensions from March, 1871 to 1880 inclusive 520 
 APPROPRIATIONS GROW GREATER AS WE RECEDE FROM THE WAR 
 
 PERIOD 510 
 
 ARMY RECORD : 
 
 Of General W. S. Hancock 9 to 16 
 
 Of General James A. Garfield 53 
 
 ARTHUR, CHESTER A., RECORD OF : 
 
 Appointed Collector of the Port of New York 269 
 
 The Jay Commission — Receipts and Expenditures in New York Custom-house 270 
 Hayes suspends Arthur because he is a Machine JMUician, and Incompetent and 
 
 Dishonest 270 
 
 Sherman aiTaigns him for ''Gross Abuses of Administration," and "Unlaw- 
 ful Practices " 271 
 
 Arthurs' Favoritism— Genteel Smuggling — Deadheads and Bribe-Takers re- 
 tained by him — Increased Cost of Collecting Revenue 271 
 
 Arthurs' Compensation, $155,860.36 — Sherman says no Reform possible under 
 
 Arthur 272 
 
 The New York Custom-house a Political Machine— Other Charges by Sherman. 27^-4 
 
 Fraudulent Claims Allowed — Arthur neglects his Duties 276-7 
 
 Arthur as a Civil Service Reformer 279-280 
 
 ASSESSMENTS, POLITICAL.: 
 
 One per cent, levied on Salaries of Government Employees in 1870, one per 
 
 cent, in 1878, and two per cent, in 1880 278-284 
 
 How Gorham squeezed $106,000 out of Poor Department Clerks 284^5 
 
 BABCOCK, 0. E. : 
 
 General Hancock's Motion in Case of 26 
 
 Babcock's Connection with the District Ring 92 
 
 His Lightning Calculations 113-114 
 
 Babcock and the Whiskey Ring— The " Sylph " Telegrams 402-403 
 
 36 
 
V INDEX. 
 
 PAGE. 
 BABCOCK, O. E. : 
 
 Indicted at St. Louis — Grant Shields him from Punishment 403^04 
 
 Master of Horse to Grant — Certifies Accounts for Boarding the Official Dog 
 
 . and for Repairing the Official C irriage, etc 493 
 
 BACK PAY STEAL AND SALARY GRAB : 
 
 How it got into an Appropriation Bill 181 
 
 By Duplicity and Double Dealing Garfield forces its Passage 132 
 
 He Votes for the Bill and Pockets the Plunder 136-7-8 
 
 BATTLES. {See Life General Hancock.) 
 BELKNAP IMPEACHMENT, THE: 
 
 The Case against Belknap — The Arrangement between Evans and Marsh 405-6 
 
 Marsh's Letter to Belknap — Belknap and Marsh charge Evans $12,000 a year 
 
 for the Post-tradership 406 
 
 United States Soldiers Robbed for Post-Traders' Benefit 407 
 
 The Payments Marsh made to Belknap 408 
 
 Argument of Hon. Jeremiah S. Black in the Belknap Case 408-9 
 
 BLACK FRIDAY SCANDAL : 
 
 How General Garfield sought to Suppress the Truth— Grant's first Meeting" withv 
 
 Fisk and Gould '..... 151 
 
 Gould and Grant's Brother-in-law select an Assistant Treasurer 152 
 
 Grant Hides himself 153 
 
 The Conspirators Jubilant— $25,000 to Mrs. Grant 154 
 
 Garfield tries to make $250 out of $25,000 155 
 
 Grant Frightened by Fisk 155 
 
 That Awful Day . . .* 157 
 
 BOTANICAL GARDEN, THE: 
 
 Mr. Garfield Increases the Appropriations for Bouquets and Floral Gifts 501 
 
 Expenditures for Botanical Garden for Twenty Years 502 
 
 BULLDOZING (" CIVILIZED ") : 
 
 In Massachusetts and Rhode Island 545 
 
 Operatives Intimidated— Compelled to vote the Republican Ticket or be dis- 
 charged 546 
 
 Ballots taken away from Voters and others forced upon them 547 
 
 The Aid of the Church invoked by the Republican State Committee of Massa- 
 chusetts 548 
 
 Circular sent to Operatives in Westerly by their Employers — Company Agents 
 in charge of Polling Places, and tKe' Company's Timekeeper checking off 
 
 Voters 549 
 
 BURLINGAME TREATY— ITS EFFECT — 259 
 
 CARPET-BAG GOVERNMENT, HISTORY OF A : 
 
 How South Carolina was Robbed — Investigation by a Committee of the Legis- 
 lature 421 
 
 How John J. Patterson was made Senator— His Subsequent History as told by 
 
 himself— Patterson's Racy Letters to his Friend Worthington 422-7 
 
 "Don Cameron's Order Means Biz." 426 
 
 A Model Carpet-Bag Legisislature, and How it Reveled in Luxuries at the 
 People's Expense — A Wonderful Bar-Room— Diamonds, Dresses, Furni- 
 ture and Supplies Bought by the State 427 
 
 Bustles, Chignons and Palpitators Purchased 429 
 
 How the Bills were Paid 429 
 
 Imaginary Expenses 430 
 
 Legislative Expenses $1,500,000 Per Annum under Republicans— $84,000 Per 
 
 Annum under Democrats 431-2 
 
 The Printing Swindle 431-2 
 
 The Greenville and Columbia Railroad Swindle— Wholesale Bribery 432-3 
 
 The Impeachment Swindle 433 
 
 The Blue Ridge Railroad Scrip Frauds 434 
 
 The Thieves' Agreement^The Ku-Klux Rewards— The Phosphate Steal 435 
 
 Armed Force and Constabulary 436 
 
 Petty Pilfering— Hardy Solomon's Claim 437 
 
 How the Plunderers were Finally Deposed 438 
 
 CARRIAGES, OFFICIAL: 
 
 For Department of Justice — Recommended by Garfield 144 
 
 Coup6 and Rockaway for the White-House 495 
 
 The Official Carriage for the Pension Office 
 
 The Official Carriage of the Post-Office Department 
 
 CA8SANAVE, G. : 
 
 One of the Louisiana Returning Board— He Threatens Hayes and Sherman, 
 
 who Pay him $1,750 to Keep Quiet \ 290 
 
 CHARITABLE ASSOCIATIONS: 
 
 Garfield Opposes Aid to them 265 
 
INDEX. V 
 
 PAGE. 
 
 •CHINESE IMMIGRATION— GARFIELD OPPOSED TO ITS RESTRICTION : 
 
 Garfield's Letter of Acceptance 258 ' 
 
 Burlingame Treaty— its Effect— Wren's Bill to Restrict— Willis' Report' 259 
 
 Garfield Opposes it — Vetoed by Hayes — The Message — Garfield Votes to Sus- 
 tain the Veto 260 
 
 Morton Favors Chinese Suffrage 261-2 
 
 CINCINNATI GAZETTE : 
 
 What it said about Credit Mobilier in 1873 56 
 
 CINCINNATI PLATFORxM (see title Batform) 3 
 
 '' CIVILIZED " BULLDOZING 
 
 In Massachusetts and Rhode Island— Meetings of Manufacturers held to In- 
 timidate Voters 545 
 
 . . Operatives Intimidated and Discharged 546 
 
 How They Did it in Worcester, Mass 546-7 
 
 Bulldozing in Rhode Island 548 
 
 The Circular sent to Operatives — Companies' Agents take Charge of Polling 
 
 Places 549 
 
 CIVIL SERVICE REFORM : 
 
 Early Attempts at Reform in the Civil Service — Employees Assessed One Per 
 Cent, by Republican Congressional Committee, 1870 — Secretary Cox De- 
 clines to Aid, and is Driven Out of Grant's Cabinet — The First Civil Ser- 
 vice Reform Committee— Its Work Fails for Lack of Executive Sympathy- 
 How the Civil Service Reform Plank got into the Republican Platform 278 
 Machine Politics — Garfield's Letter of Acceptance — Arthur as a Civil Service 
 
 Reformer 279 
 
 Hayes as a Reformer — The Famous Civil Service Order No. 1 280 
 
 A Sham as Described by the N. Y. Times — Sherman's Officeholders in 
 
 Mississippi 282 
 
 Gorham Squeezes $106,000 out of Government Clerks — Where the Monev was 
 
 Spent * 284 
 
 Cassanave, of the Returning Board, Threatens, and is paid |1,750 by Hayes and 
 
 Sherman 290 
 
 How the Returning Board Thieves and their Friends have been taken Care of. 287-9 
 
 State Senators who Voted for Kellogg Provided with Officers 293 
 
 The Navy Yards Turned to Political Account 171 
 
 CIVIL TENURE: 
 
 Garfield favored the Law Preventing Removals by the President, and then 
 
 Favored its Repeal 266-9 
 
 COASTWISE TRADE : 
 
 Garfield against its Development 254-5 
 
 COLORED SOLDIERS ROBBED 149 
 
 COMMERCIAL MARINE: 
 
 Garfield Opposes the Shipbuilding Interests of New England and the Revival 
 
 of our Commercial Marine 254-5 
 
 CONSTITUTION: 
 
 Thirteenth, Fourteenth and Fifteenth Amendments to 342 
 
 CONTRIBUTIONS, POLITICAL 278 
 
 Two per cent. Levied on Salaries of Government Employees 284r-5 
 
 CREDIT MOBILIER: 
 
 Garfield's Defense in 1880 55 
 
 His First Newspaper Statement, 1872 55 
 
 What the Cincinnati Gazette said, 1873— What the New York THUme said,1873— 
 
 Garfield's Sworn Statement — Oakes Ames wants to Shield Garfield 56 
 
 But Swears Garfield Got the Stock 57 
 
 Alley Corroborates Ames— The Talk in the Senate, 1867— The Truth Comes 
 
 out by Degrees 58 
 
 That $329 Garfield Got— Not a Loan 59 
 
 Ames' Memorandum Book and Check 60 
 
 Garfield's Tell-tale Figures — Ames Keeps them 62 
 
 History of Credit Mobilier and the Union Pacific Railroad 63 
 
 Garfield's Vote for the^^Corporation — What the Bill Did— Washbume Tells the 
 
 Truth about it at the Time 64 
 
 Garfield Votes for the Swindle 65 
 
 Over a Million Dollars the First Haul— The Legislation of 1867 66 
 
 The Poland Report on the Oakes Ames Contract 67 
 
 Oakes Ames' Letters — " We Want More Friends in Congress " 68-9 
 
 The Fraud Exposed in 1868 69-71 
 
 Profits of the Credit Mobilier 74 
 
 Further Legislation Asked, and Garfield Votes for it 76 
 
 The Scheme Exposed in the Senate 76-8 
 
 What the Facts Prove Against Garfield 78-9 
 
 What the Republican Newspapers said in 1873 79 
 
VI INDEX. 
 
 PAGE. 
 CUSTOM-HOUSE, PORT OF NEW YORK (see Arthur, C.A.) : 
 DE GOLTER BRIBE AND DISTRICT RING: 
 
 Garfield Owned by the District Ring 80 
 
 His Services Secured for the De Golyer Pavement — Parsons' Celebrated Letter 
 
 Announcing His Capture 80 
 
 History of the District Ring 81 
 
 The Market Swindle Reported on an Appropriation Bill 83 
 
 Million^ Demanded from the United States 83-84 
 
 The Pennsylvania Avenue Job — Government Property Given Away 86-87 
 
 What Wine and Wassail Accomplished 87-88 
 
 The New Government Installed 88-89 
 
 The Cookes •. 89-90 
 
 Public Building and other Frauds 90-91-93 
 
 Shepherd and Babcock 93 
 
 The Judiciary Prostituted .- 94-95 
 
 Large Schemes of Plunder — The Real Estate Pool, Wooden Pavements 97-99 
 
 The Ring Speculates on Information 99 
 
 Robeson and Landaulet WUliams Get their Share 101 
 
 A Few Specimen Frauds 103 
 
 Letting Contracts and Fixing Prices 103 
 
 The Board of Public Works Investigated and Whitewashed 103-104 
 
 The Ring Captures Garfield 104^105 
 
 Parsons' Testimony about the $5,000 Fee 105 
 
 Testimony of McClellan and Cook 105-106 
 
 Testimony of Jenkins 106 
 
 The Parsons' Letter Sworn to 106 
 
 The De Golyer Bribe Investigated in 1877 106 
 
 Testimony of Boss Shepherd 106-107 
 
 Nickerson Testifies about the Bribe 107 
 
 Garfield's Testimony 107-108 
 
 What the Testimony Shows 108 
 
 What Garfield was Paid $5,000 for Doing 109 
 
 He Attempts to Push an Appropriation Through the House in the' Sundry 
 
 Civil Bill :..... 109 
 
 The Senate Adds the Rejected Item 110 
 
 Garfield Sei-ves the Ring in the Conference Committee 110 
 
 He is Deaf to the Cry of Citizens 110 
 
 Tries to Steal $1,341,930.43 for the Ring Ill 
 
 He Pleads for the Ring and Votes Awpy $3,500.000.00 113-113 
 
 Garfield Could Not Save the Ring 115 
 
 The Safe Burglary Conspiracy llfr 
 
 The Report of the Investigating Committee 117 
 
 The Indebtedness the Ring Created 118 
 
 The New York Independent Denounces Garfield 119 
 
 His Constituents Denounce Him 119 
 
 Record of a Suit in the Chicago Circuit Court 130-133 
 
 DEMOCRATS AND THE SOLDIERS : 
 
 Democratic Efforts for the Soldiers Thwarted by Republicans — What Hon. 
 
 John A. McMahon of Ohio said ^344 
 
 Bill for Equalization of Bounties Passed the House, and Garfield Dodged the 
 Vote— The Bill was Killed in the Senate— Time for Filing Bounty Claims 
 
 Extended— Arrears of Pensions |345 
 
 How Garfield and other Republicans Fought it — He Insisted upon a Strict Ap- 
 plication of the Rules as Against the Soldiers' Interests — The Democratic 
 
 House Acts, the Republican Senate Refuses 346 
 
 Soldiers Indebted for the Arrears Bill to the Energy of the Democratic House — 
 
 The Appropriation Under the Bill 347 
 
 Republican Outrage on the Soldiers of 1813— Republican Ingratitude to the 
 Widows and Orphans — James A. Garfield among the Republicans who 
 Voted Against Pensioning the Widows and Orphans of the Soldiers 
 
 of 1813.. 348 
 
 Grant's Rebuke to the Republicans— Leading Republicans Oppose the Bill— 
 The Bill Passes the House, all the Democrats Voting for it — But Mr, Gar- 
 field Dodged 349-350 
 
 An Effort to Protect Soldiers from Sharpers— The Bill Passes the House, but 
 is Pigeon-holed in the Senate— Artificial Iambs for Soldiers— A Republican 
 
 Wrong Righted by a Democratic House .• 350 
 
 Bill to Relieve Totally Disabled Soldiers— The Senate Imposes Conditions. .351-352 
 
 Relief Bills Passed by the House and Rejected by the Senate 353 
 
 Republican and Democratic Laws Contrasted 353 
 
 The Three Months Extra Pay to Mexican Soldiers 353-4 
 
 Soldiers Protected from Exorbitant Pension Fees , 354 
 
INDEX. Vll 
 
 PAGE. 
 
 DEMOCRATS AND THE SOLDIERS : 
 
 The Law for Filing Claims for Lost Horses and Equipments — It Passes the 
 
 House but Dies in the Senate 355 
 
 The Democratic House Rights the Wrong — the Republican Senate Refuses to 
 
 Act — The Rhode Island Case, a Specimen Brick 356 
 
 A Memorial from Discharged Soldiers and Sailors of the United States Alleg- 
 ing Violation of sections 1754 and 1755 of the Revised Statutes — Honora- 
 bly Discharged Soldiers Displaced by Civilians in the Custom-house at 
 Providence — What the Specific Allegations were — The Law Violated in 
 
 Letter and Spirit 357 
 
 Soldiers Kicked out of Office by Republicans to make Room for Civilians 358-9 
 
 Another Democratic Effort to secure Civil Employment for Soldiers — Senator 
 
 Ingalls' Tribute to the Democratic House 360 
 
 Good Intentions of Democrats Defeated by Republican Senate 361 
 
 DEMOCRATIC ECONOMY AND REPUBLICAN EXTRAVAGANCE CON- 
 TRASTED 506-18 
 
 DEPARTMENT OF JUSTICE : 
 
 Frauds in 476 
 
 DISTILLERS : 
 
 Interests of Tax-paying Distillers opposed by Garfield — He Opposes Reduc- 
 tion of Taxes 256-7" 
 
 DISTRICT OF COLUMBIA : 
 
 Comparative Expenditures in, under Democratic and Republican Rule 503 
 
 Mr. Garfield Responsible for Increased Expenditures 504r-5 
 
 DISTRICT RING {see Be Golyer Bribe) 80 
 
 DOG: 
 
 The Official Dog of the White House Placed on the Pa5'-roll as Watchman- 
 Fed at the Public Expense— Vouchers Certified by"Babcock and Paid by 
 
 the Government at the Rate of .^10 per Month 493 
 
 ELECTORAL COMMISSION, THE : 
 
 Garfield's Double Course ; Was one of the Visiting Statesmen to Louisiana ; 
 Garfield Opposed the Electoral Bill ; Declared it would Require the Commis- 
 sion to go behind the Returns 186 
 
 As a Member of the Commission he voted against going behind the Returns ; 
 
 then goes back on himself 187 
 
 Mr, Hewitt on the Electoral Commission, and Garfield's Inconsistency 187-8 
 
 Garfield as Chief of the Conspirators — Was Counsel, Congressman and Judge. 188 
 ELECTORAL FRAUDS OF 1876-7: 
 
 Report of the Potter Committee , 296-323 
 
 Unprecedented Frauds in Florida and Louisiana — Federal Troops as well as 
 
 Visiting Statesmen Support the Returning Board in Louisiana 296 
 
 Federal Patronage used to Conceal the Frauds 297 
 
 Testimony as to the Frauds Uncontradicted 298 
 
 The Inve'stigation in Florida 298-305 
 
 Electors ; How Appointed ; Power of State Canvassers 298 
 
 Unlawful Action of State Canvassers — The Entire Return from Manitee County 
 and Parts of Returns from Hamilton, Monroe and Jackson Counties exclu- 
 ded from the Count — Tilden Electors Meet and Cast their Votes 299 
 
 Action to try the Title of the Hayes Electors — Action to try the Title of Gov- 
 ernor — A Re-Canvass ordered by the Supreme Court — Drew declared 
 
 Elected Governor 299 
 
 Animus of Florida State Canvassers in Rejecting Votes and in Receiving Votes. 300 
 The Face of the Returns gives Tilden Electors a Majority — How it was Over- 
 turned—The False Return of Baker County 301 
 
 Bad faith of the State Canvassers— Howell made Collector of Port of Feman- 
 
 dina for his Share in the Fraud 302 
 
 Accuracy of the Precinct Returns — The Decision of the Electoral Commission 302-3 
 Ex-Gov. Noyes' Part in the Fraud— Dennis' Visit to him, and the Result. .... 303-4 
 
 Gen. Barlow Repudiates the Fraud 304 
 
 List of United States Office-holders in Florida looking after the Returning 
 
 Boai'd Canvass 305 
 
 The Investigation in Louisiana 305-18 
 
 Supei-visors of Registration — The Power of the Returning Board — The Color 
 
 Line Pretense — Why the Colored People Voted for Democrats 305-6 
 
 A False Census and Fraudulent Registration 306-7 
 
 Kellogg Appoints the Supervisors of Registration and other Election Officers — 
 The Result of the Election an Overwhelming Majority for the Tilden 
 
 Electors 307 
 
 Usurpation by the Returning Board ; Its Partisan Composition 307-8 
 
 Pretexts for Returning Board Usurpation 309 
 
 Protests Secured against various Parishes 310 
 
Vlll INDEX. 
 
 ELECTORAL FRAUDS OF 1876-7: 
 
 The Feliciana Conspiracy— Alleged Intimidation impossible 310-11 
 
 Returning Board AflSdavits — Thirteen of the Witnesses called by Sherman 
 
 Retract their Testimony 313^ 
 
 Outrageous Injustice of the Returning Board — Entire Votes of Precincts 
 
 thrown out 313 
 
 Gen. Garfield Cooks up the Returns for West Feliciana — Necessity of Ad- 
 ministration Support 314 
 
 The Sherman Letter to Weber 315-16 
 
 List of Persons connected with the Canvass or Election or Negotiations in 
 
 Louisiana in 18T6, subsequently Appointed to or Retained in Office 317-18 
 
 The Forged Electoral Certificates — Meeting of the Electors in Louisiana — The 
 
 first set of Certificates Rejected — New Certificates Forged 318 
 
 Electors' List of Dec. 6 and New List of Dec. 28 SW 
 
 The New Lists Printed so as to Mislead — The Certificates secretly signed — 
 
 Forgery of JofErion's and Levisee's Signature to the new List 321 
 
 Attempt to suppress genuine Certificates — The Fraud on the Electoral Com- 
 mission 322 
 
 Hayes's Title based on Forged Certificates 322 
 
 The Falsification of the Record 323 
 
 Tilden and Hendricks Elected — A Midnight Conspiracy Formed — The Conspir- 
 ators communicate with Grant 294 
 
 Grant informed of the Situation — Zach Chandler's Telegram, ''JHayes has re- 
 ceived 185 Votes and is Elected" — The Visiting Statesmen — Garfield goes 
 
 to New Orleans and becomes Chief among the Conspirators 295 
 
 ELECTION LAWS: 
 
 Davenport's Pecuniary Interest, and his Bill 195-6- 
 
 History of Partisan Election Laws ; they originate in the Union League Club 
 
 of New York 190-4 
 
 The Marshal's Bill paid by the Order of Grant 196-8 
 
 No Necessity for Federal Election Laws 198 
 
 Senator Thurman's Unanswerable Argument 214 
 
 What the Democrats Proposed to do 216 
 
 The Scum of New York and Philadelphia as Deputy Marshals 218-20 
 
 What the Federal Election Laws have cost the People 221 
 
 Garfield's Inconsistent Record — His Extraordinary Views 222-3 
 
 The Election Laws at Second Session, Forty-sixth Congress 225 
 
 Gen. Garfield suggests an Amendment 226 
 
 His Amendment Accepted by the Democrats 228 
 
 Speaker Randall Welcomes Gai-field's Proposition 229 • 
 
 Garfield Goes Back on himself Squarely and Votes No 229-30 
 
 He Changes Front again but his Amendment is Passed 231-2 
 
 EMMA MINE (THE) SWINDLE : 398 
 
 ENGLISH, HON. W. H.: 
 
 Letter of Acceptance. 
 
 Indorses Platform — A Change necessary 6 
 
 Corruption of Electors — Centralization — Union under the Constitution. . . 7 
 Results of the War Accepted — Every citizen must be Protected— Restric- 
 tion of Chinese Immigration— The Public Credit to be Maintained and 
 
 Labor Elevated 8 
 
 Life of: 
 
 Parentage and Early Life — Admission to the Bar — Entrance into politics. 33-4 
 Early i^pointments to Office — Is made Secretary of the Constitutional 
 Convention of Indiana and Speaker of the House of Representatives. 35-7 
 
 His Services in Congress 37-43 
 
 His Course on the Kansas-Nebraska Bill 3S-41 
 
 Popular Sovereignty 38 
 
 Against Secession — Speaks for the Union 45 
 
 His Career as a Banker 46-7 
 
 Family Life 49 
 
 Business Character 50 
 
 EXECUTIVE MANSION : 
 
 Total Expenditures for from 1779 to 1876 499 
 
 Official Snobbery and Extravagance at the White House under Grant and 
 
 Hayes — Specimen Vouchers 493-498 
 
 EXPENSES OF THE WHITE HOUSE : 
 
 Under Democratic and Republican Rule 500 
 
 EXPENSES OF THE HOUSE FOLDING ROOM DECREASED BY THE DEMO- 
 CRATS 514 
 
 EXPENSES OF UNITED STATES COURTS : 
 
 Alarming Increase in t^e Past Twenty-five Years 480* 
 
INDEX. IX 
 
 PAGE. 
 
 FRAUDS IN THE DEPARTMENT OF JUSTICE: 
 
 Free Rides, Free Tickets, Free Literature, &c 476 
 
 Table of Expenditures for 1875-6-7-8-9 476-8 
 
 Landaulet Williams Outdone 479 
 
 Favoritism in the Enforcement of Judgments 
 
 FREEDMEN— HOW THEY WERE SWINDLED : 
 
 The Basest of all the Frauds 377 
 
 Origin of the Freedmen's Bank 377-8 
 
 Confined to District of Columbia Bill — Passes the Senate — Is not Engrossed as 
 
 it Passed the Senate 378 
 
 It Passes the House— Hon. Wm. S. Stenger on the Fraud 379 
 
 Garfield's Friends on the Finance Committee 38G 
 
 The He Printed on the Pass Books— Gen. 0. O. Howard's Ceitificate— The De- 
 posits the Bank Received 381 
 
 The First National Bank of Washington acts as Agent for the Freedmen's 
 
 Bank 382 
 
 The Charter Violated— The Bank invest in Union and Central Pacific Bonds. . 383. 
 
 A Note and Voucher — Shaving Business 384 
 
 Why the " Boys " of the District of Columbia Like Garfield — Mr. Cook intro- 
 duces a Bill which Passes Enlarging the Privileges of the Bank 386. 
 
 The Seneca Sand Stone Company— List of Stockholders 386-7 
 
 How the Freedmen's Money was Stolen — Cheating the Bank out of $30,000 — 
 
 The Rogues not Prosecuted 389* 
 
 Some of the Testimony Taken before the Bruce Committee 39Q 
 
 The Rotten Securities the Funds of the Bank were Loaned on 391 
 
 Some Specimen Loans on Real Estate 393 
 
 The Routine Business of the Bank 395 
 
 Cost of Winding Up the Business — The J. C. Kennedy and Other Loans 396 
 
 The Result of the Bruce Investigation 397 
 
 FREEDMEN'S BUREAU 377 
 
 FOREIGN BORN CITIZENS : 
 
 Republican Discrimination against them 551 
 
 Extracts from Report of Senate Committee — Constitution of Rhode Island — 
 
 Article 11 551 
 
 The Number of Disfranchised Foreign-born Citizens 552 
 
 The Hardship of the Real Estate QualificatiDn in Rhode Island 553 
 
 Uiiion Soldiers Deprived of the Right to Vote 555 
 
 The Average /ote in each Congressional District 555 
 
 GARFIELD, JAMES A., RECORD OF : 
 
 Army Record 53 
 
 Garfield as a Civil Sei-vice Reformer, 1877 54 
 
 A Machine Politician, 1880 54 
 
 HIS RECORD AT LARGE. 
 
 1st. Credit Mobilier ; see Index under that head 55 
 
 2d. De Golyer Bribe and District Ring ; see Index under that head 80 
 
 (rt.) Decision of Chicago Circuit Court on De Goyler Bribe 120 
 
 3d. Sanborn Frauds ; see Index under that head 124 
 
 4th. Back Pay Grab and Salary Steal ; see Index under that head 131 
 
 5th. Indian Ring ; Gai-field's Services to ; see Index under that head 139 
 
 6th, Encouraging and Defending Petit Larceny ; see Index under Petit 
 
 Larceny '. 143 
 
 7th. Garfield the Champion of O. O. Howard: see Index under Howard, 
 
 0.0 147 
 
 8th. Black Friday Scandal ; see Index under that head 151 
 
 9th. Gai-field the Friend of Robeson ; see Index under Robeson 158 
 
 10th. Garfield Champions George F. Seward ; see Index under Seward, 
 
 George F 180 
 
 11th. The Electoral Commission ; see Index, Electoral Commission 186 
 
 12th. Three Monstrous Grievances 189 
 
 1st. Troops at the Polls ; see Index under that head — 2d. Partisan Jury 
 Laws ; see Index, Jury Laws-^3d. Partisan Election Laws — see Index, 
 Election Laws. 
 
 13th. The Pacific Mail Steal ; see Index, Pacific Mail Steal 235 
 
 14th. The Moth Swindle ; see Index, Moth Swindle 240 
 
 15th. General Garfield and the Laboring Men ; see Index, Laboring Men. . 244 
 
 16th. Some of General Garfield's Votes 245 
 
 17th. Garfield and General Shields ; see Index, Shields, General 250 
 
 18th. Garfield against Free Salt 250 
 
 19th. Judgment of his Republican Constituents 251 
 
 20th. Gai-fleld against the Shipbuilders of New England ; see Index, Ship- 
 builders 254 
 
X INDEX. 
 
 PAGE. 
 
 GARFIELD, JAMES A., RECORD OF: 
 
 21st. Garfield against the Taxpaying Distillers of his Own State 256 
 
 22d. General Garfield and Chinese Immigration ; see Indx, Chinese 
 
 Immigration 258 
 
 23d. Duty on Printing Paper 264 
 
 24th. Gai-field's Opposition to Foreigners 264 
 
 25th. Religious Intolerance ' 266 
 
 26th. Civil Tenure 269 
 
 Garfield in Favor of Troops at the Polls 211 
 
 Garfield Defends Geo. F. Seward 182-5 
 
 Gai-field Dodged Vote on Equalization Bounty Bill 345 
 
 Works against the Arrears of Pension Bill 346 
 
 Against Pensioning the Mexican Veterans 362-3^ 
 
 Dodged Vote on Pensioning Widows and Orphans of Soldiers of War of 1812. . 350 
 
 Gai-field Responsible for the System of Moieties and Spies. 126-8 
 
 Garfield Believes in an Official Aristocracy 145 
 
 GENERAL ORDER No. 40 17 
 
 GETTYSBURG, BATTLE OF 12-15 
 
 GOVERNMENT PRINTING FRAUDS : . 
 
 Government Printing Office Established 459 
 
 Investigated by the Democratic House — Over One Hundred per cent. Profit. .49-60 
 
 What Republican Witnesses Testified to 461 
 
 Frauds in Purchasing Material — A. M. Clapp's Violation of Criminal Law — 
 
 Proven Guilty by his own Employees 463 
 
 Clapp is Rewarded by an Appointment as Public Printer 464 
 
 GRANT, GENERAL U. S. : 
 
 " His Dog Kennel and other Luxuries at the White House 493-4 
 
 HANCOCK, GENERAL W. S.: 
 
 LETTER OF ACCEPTANCE. 
 
 Indorses Platform — The Thirteenth, Fourteenth and Fifteenth Amend- 
 ments Inviolable — No Centralization 4 
 
 Necessity for Economy and Reform in Administration — No Bayonets at 
 the Polls— Public Office a Tmst — Civil Sei-vice Reform— Public Credit 
 — No Sectionalism — Revival of Commerce — Will Defend the Union 
 and Execute the Laws Impartially 5 
 
 LIFE OF. 
 
 Ancestry and Early Life '. 9 
 
 Services in Mexico and in Florida War 9 
 
 His Patriotic Course in California in 1861 10 
 
 His Services in AVarof the Rebellion 10-11 
 
 His Great Courage and Superior Generalship at Spottsylvania 11 
 
 Williamsburg 11-12 
 
 Gettysburg 12-15 
 
 Wilderness 15 
 
 His Record as Military Governor of Louisiana and Texas 16-25 
 
 His Celebrated General Order, No. 40 17 
 
 Message of President Johnson in Relation to General Order, No. 40 18 
 
 Letter to Governor Pease of Texas 19 
 
 Address and Motion in Babcock Case 26 
 
 Speech at Ovation Tendered him by the Citizens of Washington 27 
 
 Letter to General Sherman 29 
 
 GENERAL HANCOCK'S ORDERS. 
 
 Order Revoking a Summary Removal from Office 531 
 
 Order Revoking the Order Interfering with the Selection of Jurors 533 
 
 Order Sustaining Jurisdiction of the Civil Courts 533 
 
 Order to Secure the Purity of Elections and to Prevent Military Interfer- 
 ence at the Polls 533 
 
 On the Stay of Civil Process 534 
 
 On the Trial of Offenders Against the Laws of the State 534 
 
 On Elections by the People 537 
 
 On Removal from Office without Judicial Investigation and Determination 537 
 
 Order Disclaiming Judicial Functions in Civil Cases 538 
 
 Concerning an Application b> a Railroad Company 538 
 
 Order Revoking Certain Instructions to the Boards of Registration in 
 
 Louisiana and Texas 539 
 
 Order for Convening a Special Civil Court for Trial of Criminal Cases 540 
 
 Concerning the Levy of a Special Tax 541 
 
 Relating to the Collection of Taxes 541-2 
 
 Letter to General Howard on the Usuipation of the Freedmen's Bureau. . 542 
 HAYES, RUTHERFORD B.: 
 
 His Title to the Presidency based on Forged Certificates 322 
 
 He Removes Chester A. Arthur for Dishonesty and Incompetency 273 
 
INDEX. XI 
 
 PAGE. 
 
 HAYES, RUTHERFORD B.: 
 
 His famous Civil Service Order, No. 1 280 
 
 Officially approves Gorham's Circular on Assessment of Office-holders 284 
 
 He Gratifies his Taste for Croquet, Crockery, Pic-Nic Carriages, etc., at the 
 
 Public Expense 492-8 
 
 He Rewards Returnina; Board Thieves and other Conspirators for giving him 
 
 Mr. Tilden's Seat. ! , 287-9 
 
 Pays Cassanave $1,750 to keep him from Squealing 290 
 
 He Vetoes the Appropriations for Marshals 210 
 
 He Vetoes the Little Deficiency Bill 210 
 
 He Vetoes the Act to Prevent Military Interference at the Polls 224 
 
 He Vetoes the Marshals' Bill 232 
 
 He Vetoes Bill Restricting Chinese Immigration 260 
 
 HOWARD, O. O. : 
 
 Garfield the Champion of 147 
 
 The Freedmen's Bureau Inaugurated 147 
 
 Its Increased Power for Evil Advocated by Garfield 148 
 
 Colored Soldiers Robbed and the Government Swindled 149 
 
 Howard's Trial— Garfield Advocates Payment of $7,000 to Defend him 150 
 
 IMPEACHMENT : 
 
 Garfield's Record on 266 
 
 The Case against Belknap 405-9 
 
 INDIAN RING : 
 
 Legislation on the Subject— Garfield's Services to the Ring 140-1 
 
 Beck's Scathing Review 141 
 
 Garfield Deceives the House 142 
 
 INTEREST ON THE PUBLIC DEBT 525 
 
 IRISH CITIZENS : 
 
 Resolution of Sympathy with them Opposed by Garfield 264 
 
 JEWELL, MARSHALL : 
 
 Another Ex-Cabinet Officer brought to Grief— The kind of Man Garfield 
 
 selected for Chairman of the Republican National Committee 487 
 
 Opinion of the Supreme Court of the United States in case of Allore v. Jewell. .487-91 
 
 JURY LAWS 189 
 
 KELLOGG, W. P.: 
 
 State Senators who Voted for Kellogg, provided with Offices 293 
 
 LABORING MEN : 
 
 Garfield Against Them — He Advocates Bill Cutting down their Wages 244 
 
 LAMAR, SENATOR: 
 
 Speech on the Negro Exodus 372 
 
 LETTERS : 
 
 General Hancock's Letter of Acceptance 4 
 
 Honorable W. H. English, Letter of Acceptance 6 
 
 General Hancock to Governor Pease 19 
 
 General Hancock to General Sherman 29 
 
 LIFE OF : 
 
 General W. S. Hancock 9 
 
 Honorable W. H. Enghsh 33 
 
 LOANING THE PUBLIC CREDIT TO CORPORATIONS : 
 
 Bonds issued to the Pacific Railway Companies— Interest payable by the 
 United States 530 
 
 MEXICAN VETERANS: 
 
 Republican Insult to the Mexican Veterans 362 
 
 Resolutions adopted by the Associated Veterans of the Mexican War— They 
 invite the ex-Soldiers to Support Hancock— Garfield always Refused to do 
 
 Justice to these Brave Men 362 
 
 Legislation in Forty-fourth Congress — The House passes a Bill granting Pen- 
 sions to Soldiers and Sailors of the Mexican War— Republican Senate 
 
 Kills it 363 
 
 Legislation in the Forty-fifth Congress— Garfield shows his hand 363 
 
 He is recorded against the Bill on every Vote — Mexican Veterans must prove 
 themselves Paupers before the Republicans will Pension them 363-4 
 
 MEXICO, HANCOCK'S SERVICE IN 9 
 
 MORTON, OLIVER P. : 
 
 Favors Chinese Suffrage 261 
 
 His Opinion of Civil Service Reform 279 
 
 MOTH SWINDLE : 
 
 How Garfield, as Chairman of Appropriations, helped Cowles, Brega & Co. to 
 
 Swindle the Government 240 
 
 Denounced as a Job by the Cincinnati Gazette 241 
 
 Garfield's Correspondence with Belknap 242 
 
 The Profits— Where they Went 243 
 
Xll INDEX. 
 
 PAGE. 
 
 NEGRO EXODUS, THE: 
 
 The Migration begins in 1878— The Cause 371 
 
 False Promises held out to them 371 
 
 Republican Leaders seek to turn the Exodus to Partisan Account 37^ 
 
 Mr. Windom's Resolution in the Senate 372: 
 
 Senator Voorhees' Speech in the Senate 372 
 
 The Movement on Indiana — The Exodtis a Political Scheme 373 
 
 A Specimen Agitator for the Exodus 373 
 
 The Conspiracy to carry Indiana proved 374 
 
 Prosperous Condition of Negroes in North Carolina 375 
 
 What Mr. O'Hara, Republican Candidate for Congress, said 375 
 
 The Sad Stories the emigrating Negroes told 375 
 
 The Promises made them 376 
 
 Senator Lamar's Speech on the Exodus 376 
 
 NEW YORK INDEPENDENT; 
 
 Denounces Garfield's De Golyer bribe 11^ 
 
 NEW YORK TRIBUNE: 
 
 Exposes Garfield's share in the Credit Mobilier Fraud 56 
 
 And in the Sanborn Frauds ' 130 
 
 ORTH, GODLOVE S. : 
 
 His Connection with the Venezuela Scandal 410 
 
 He is Forced to Abandon the Race for Governor of Indiana 414 
 
 PACIFIC MAIL STEAL : 
 
 Gai-field's Part as Shown by the Record 233 
 
 How the Monstrous Steal was Put Through 234 
 
 General Garfield Advocates Amendment fncreasihg the Steal to $1,000,000 per 
 
 annum 235 
 
 The Committee of Appropriations Denounced by Democrats 235-6 
 
 Gai-field Resorts to a Subterfuge 235-6 
 
 The House Rejects" the Amendment — Garfield Votes for it 237 
 
 A Half-Million Steal 238 
 
 What Garfield Didn't and What he;Did Do 238 
 
 The Result — Amount Disbursed 239 
 
 PATTERSON, JOHN J. : 
 
 A Model Carpet-Bag Senator— His History as Told by Himself 422 
 
 How he Kept Out of the Penitentiary — Racy Correspondence 422 
 
 Frauds in Railroad Scrip 434-5 
 
 PATRONAGE OF THE UNITED STATES GOVERNMENT 524 
 
 PEASE, GOVERNOR, Hancock's Letter to . . .' 19 
 
 PENSION OFFICE FRAUDS : 
 
 The OflBce Turned Into a Political Organization 467 
 
 An Investigation Demanded by Mr. Harmer, a Republican 467-8 
 
 Before the Pension Bureau Became a Political Machine 468 
 
 ^er It Became a Political Machine 469 
 
 The ex parte Investigation System 470 
 
 Pensioners Dropped from the Rolls Without Notice 471 
 
 The Interminable Delays in Settling Claims 472 
 
 False Rating of Disability 472 
 
 An Expert's Testimony— A Sample Case of Favoritism 473 
 
 Chiefs of Divisions Contradict the Commissioner 474-5 
 
 PETTY LARCENY: 
 
 Encouraged and Defended by General Garfield 143 
 
 Garfield Defends Landaulet Williams 143 
 
 A Sixteen-Hundred Dollar Carriage — Garfield Believes in Official Aristocracy. 145 
 
 A Carriage for the Commissioner of Pensions 146 
 
 Visiting Cards and Printing the Same, $81.50— Washing Towels for the Attor- 
 ney-General, $1,035.82 476-7-8 
 
 Dogs, Coupes, Rockaways, and Croquet Sets 493-5 
 
 PLATFORM OF THE DEMOCRACY : 
 
 Opposition to Centralization 3 
 
 Opposition to Sumptuary Laws 3 
 
 Separation of Churcb and State 3 
 
 Common Schools 3 
 
 Home Rule 3 
 
 Honest Money 3 
 
 Public Faith 3 
 
 Revenue Tariff 3 
 
 A Free Ballot 3 
 
 The Hayes Administration represents Conspiracy only 3 
 
 No Troops at the Polls, nor at the Count 3 
 
 The present Civil Service a Debauched System 3 
 
 Civil Sei-vice Reform Demanded 3 
 
INDEX. Xll¥ 
 
 PAGE. 
 
 PLATFORM OF THE DEMOCRACY : 
 
 The Great Fraud of 187&-7 Denounced 3 
 
 Patriotic Acquiescence of Democratic Party 3 
 
 Tilden's Patriotism Eulogized 4 
 
 Free Ships 4 
 
 No Discrimination in Favor of Corporations 4 
 
 Public Money for Public Purposes 4 
 
 Public Credit for Public Purposes 4 
 
 Public Lands for Settlers only '4 
 
 Friend to Labor and the Laborer 4 
 
 Chinese Emigration to be Restricted 4 
 
 Democratic Economy 4 
 
 Thorough Reform Demanded 4 
 
 PLUNDERING THE SOUTH: . 
 
 What Radical Misrule has Cost the People of Eleven States 439-41 
 
 History of a Carpet-Bag Government 421 
 
 POLAND REPORT 55 
 
 POLITICAL ASSESSMENTS 27* 
 
 POSTAL FRAUDS (THE): 
 
 The Mismanagement, Profligacy and Corruption in the Post-Oflfice Depart- 
 ment 442 
 
 Straw Bids 443 
 
 The Case of Peterson — His Methods 44& 
 
 Barlow, Sanderson & Co 446 
 
 Their Corrupt Use of Money 447 
 
 Postmaster-General Creswell's Little Game 448 
 
 Fifty Thousand Dollars Employed to Divert an Investigation 448- 
 
 How bona fide Bidders are Disposed of • 449 
 
 The Manner of Advertising Routes 452^ 
 
 Another Investigation — Senator Dorsey's rake 453 
 
 Sample Contracts 454 
 
 General Brady's Impotent Defense 457 
 
 POST OFFICE DEPARTMENT: 
 
 Petit Larceny— $20,000 a Year Paid for the Publication of the Post-Office Guide 458 
 
 PRESIDENTIAL LUXURIES: 
 
 Official Snobbery at the White House 49^ 
 
 The Official Dog, the Official Carriage, the Official Croquet Set, Official 
 
 Crockery etc. — all at ihe Expense of the Tax-payers 493-49S 
 
 Expenses of White House from 1779 to 1876 499 
 
 Expenses of White House under Democratic and Republican Rule — a 
 Comparison 500 
 
 PRINTERS, GOVERNMENT: 
 
 Garfield Advocates Bill to Cut Down their Wages 244 
 
 PRINTING PAPER— DUTY ON: 
 
 Garfield favored its Increase from Three to Fifteen Per Cent 264 
 
 PRIVATE CLAIMS AGAINST THE GOVERNMENT 338-41 
 
 Committee on Reform in the Civil Service Report An Act Providing for the 
 
 Judicial Ascertainment of Claims against the United States 338-^ 
 
 The Bill Passes the House— Killed in the Senate 339-40 
 
 Claims Allowed as per Secretary of the Treasury's Letter 340 
 
 Statement of Amount Expended for Claims for Quartermaster and Commis- 
 sary Supplies 341 
 
 PUBLIC BUILDING FRAUDS: 
 
 The * 'Kitchen" Cabinet Discover a Bonanza — Jobbery in the Supervising 
 
 Architects Office . 465' 
 
 The New York Post-Office— The Boston Post-Office '.!'.!!".!*.".'.!'.!!!'.!!!'.'.'. ! 465-466 
 
 PUBLIC CREDIT LOANED TO CORPORATIONS 530 
 
 PUBLIC DEBT— PRINCIPAL AND INTEREST 525 
 
 REBEL BRIGADIER (THE) : 
 
 Good enough if he Votes the Republican Ticket, but veiy Bad if a Democrat. 365-370 
 
 Wounded Soldiers on the Rolls of a Democratic Senate 365 
 
 The Men Republican Legislatures sent to the Senate 366 
 
 Rebel Brigadiers Appointed to Office by Republicans 367-370 
 
 REFORM: ^ ^^ ^ ^ 
 
 Impossible under C. A. Arthur 272 
 
 REFORM IN CIVIL SERVICE : 
 
 See " Civil Service Reform" 278 
 
 See " Arthur, Chester A., Civil Record" 269 
 
 RELIGIOUS INTOLERANCE : 
 
 Garfield opposes Aid to Catholic charities 265 
 
 REVENUE FRAUDS 271 
 
XIV INDEX. 
 
 PAGE. 
 
 KOBESON, GEORGE M.: 
 
 The Secor Claims 158-160 
 
 How the)' were Paid in full ; and again Paid 159 
 
 Millions Squandered and no Navy 162 
 
 Investigated by Democratic House 163 
 
 How the Cattells Divided with Robeson 164 
 
 How they Sold Robeson to Contractors 165-167 
 
 Robeson puts the Navy Fund where it wiU do the most Good 168-169 
 
 Jay Cooke & Co. come in for a Slice 170-171 
 
 Navy Yards turned into Political Machines 171 
 
 Ships of the United States Broken up and Sold for a Song 173-174 
 
 Garfield Opposes Investigation — he Filibusters to save Robeson 174-175 
 
 Investigation subsequently made by Democratic House. .What it Revealed. . . 175 
 
 Millions made by " procurers" , 177 
 
 . Report of the Committee 177-178 
 
 Garfield again Prevents an Investigation 179 
 
 SALARY GRAB AND BACK-PAY STEAL : 
 
 How it got into an Appropriation Bill 131 
 
 Garfield Responsible for its Passage— His Trickery and Double-Dealing 132 
 
 After Feigning Opposition to the Bill, He Votes Squarely for It 136 
 
 The Amount Stolen 137 
 
 Garfield Took the " Swag," Kept it Six Weeks, and was Forced by Public 
 
 Clamor to Cover it into the Treasury 138 
 
 Congress Forced to Repeal the Law 137 
 
 SALT : 
 
 Gen. Gai-field Opposes the Repeal of Duty on Salt 250 
 
 SANBORN FRAUDS : 
 
 History of the Sanborn Frauds 124-30 
 
 Garfield forces the Passage of the Infamous Moiety Contract Law 126-8 
 
 Investigation by Committee of Ways and Means Discloses the Frauds 128 
 
 The law Repealed, but Repealing Act Violated by Sherman 129 
 
 N. Y. Tribune Exposes Garfield's Share in the Sanborn Frauds 130 
 
 SAN DOMINGO JOB (THE) : 
 
 Grant's Interest in it 415 
 
 Gen. Babcock goes to San Domingo — The Arrest of Davis Hatch 416 
 
 Raymond H. Pern' Interferes and gets into Trouble 417 
 
 The Attempt to Kidnap Perry— The Annexation Scheme Falls Through 420 
 
 SCHURZ, CARL : 
 
 His Administration of the Indian Bureau 484 
 
 Enormous and Wasteful Expenditures 484-6 
 
 Hayt's Villainy — Cost of Schurz's System of Dealing with the Indians 485 
 
 SEVENTY-TWO YEARS FROM THE BEGINNING OF THE GOVERNMENT 
 TO 1861 COST LESS THAN TEN YEARS OF REPUBLICAN EXTRAVA- 
 GANCE SINCE 1867, THE ERA OF EXTRAVAGANCE INAUGURATED 
 BY THE REPUBLICANS 506-7 
 
 SEVEN YEARS OF DEMOCRATIC ECONOMY CONTRASTED WITH SEVEN 
 YEARS OF REPUBLICAN PROFLIGACY, $1.94 PER CAPITA UNDER 
 PIERCE AND BUCHANAN, AND $3.45 PER CAPITA UNDER GRANT.509-510 
 
 SEWARD, GEO. F. : 
 
 Garfield Filibusters to Prevent His Impeachment 180 
 
 How Seward Robbed the Government 181 
 
 Garfield Defends Seward's Roguery, and finally Succeeds in Preventing His 
 Im])eachment 182-5 
 
 SHERMAN, GENERAL : 
 
 Hancock's Letter to 29 
 
 SHERMAN, SECRETARY: 
 
 His first Report to Congi-ess about Arthur 271 
 
 He Violates the Law Repealing the Moiety Act 129 
 
 SHERMAN'S PET BANK : 
 
 He gives the First National Bank of New York a Monopoly of the Four Per 
 Cent, Bonds— A Disgraceful History— How the Government lost 
 
 $115,000,000 481 
 
 The Pet Bank helps to elect Foster Governor of Ohio 482 
 
 The Visiting Statemen get $5,000 from this Bank 483 
 
 SHIPBUILDERS OF NEW ENGLAND : 
 
 Garfield Speaks and Votes against the Revival of our Commercial Mai iue . . . 254 
 
 The Bill Presented by Mr. Lynch, of Maine 254 
 
 Mr. Gai-field Votes against it 255 
 
 SHIELDS, GENERAL : 
 
 Garfield's Ingratitude to a Veteran of Three Wars— A Bill introduced to Place 
 Gen. Shields on the Retired List— Garfield Votes against it 250 
 
 SOLDIERS {see the Democrats and the Soldiers) 344 
 
INDEX. XV 
 
 PAGE. 
 
 SOUTHERN CLAIMS {see War Claims) 33a 
 
 SOUTH CAROLINA : 
 
 How the State was Plundered 421 
 
 A model Carpet-Bag Legislature 427 
 
 Wholsale Bribery 433 
 
 How the Thieves were Driven out 343 
 
 SQUANDERING THE PUBLIC DOMAIN : 
 
 Land Grants to Corporations and Monopolies by the Republican Party 528 
 
 Total Valuation $736,895,000 529 
 
 STATEMENT OF EXPENDITURES OF THE UNITED STATES FROM 4th 
 
 OF MARCH, 1789, TO JUNE 30, 1880, INCLUSIVE, BY YEARS 521 
 
 SUBSIDIES, LAND GRANTS : 
 
 Loan of Government Credit 330 
 
 TABLE OF CIVIL LIST, NET ORDINARY EXPENDITURES 520 
 
 TAXATION : 
 
 Garfield Opposed to a Reduction — He Votes Against Relief to Tax-Paying 
 
 Distillers 256-7 
 
 TERRITORY OF THE UNITED STATES : 
 
 How, When and Under what Atiministrations it has been Increased 526 
 
 The Area Acquired by Democrats 527 
 
 TREASURY BOOK-KEEPING : 
 
 ^ How Balances are Forced 327 
 
 The Revenue Diminishes — Millions of Dollars Difference between the Secre- 
 tary, Treasurer and Register as to Cash in the Treasury— The Public Debt 
 
 Statements 328 
 
 How it is Manipulated about Election Time 329 
 
 Erasures and Mutilations — Leaves Cut Out 329-30 
 
 The Secretary Violates the Law 330-1 
 
 Pacific Railroad Debt— Fictitious Warrants 331-2 
 
 TROOPS AT THE POLLS : 
 
 History of Troops at the Polls •• 192-4 
 
 Troops at a New York Election — Belknap's Order 199 
 
 N. Y. Tribune's Account — Govenior Hoffman's Eloquent Protest 200 
 
 Troops in Pennsylvania, and Governor Geary's Protest 201 
 
 Use of Troops in Virginia Defended by Grant 201 
 
 Durell's Order, and what the Senate Committee Said of It — What Followed 
 
 the Infamous Order •. 202 
 
 Daniel Webster on the Use of Troops 203 
 
 Mr. Evart's Eloquent Protest 204 
 
 Carl Schurz on the Use of Troops 204r-5 
 
 W. H. Seward on the Use of Military at the Polls 205 
 
 Republican Inconsistency 206 
 
 Gai-field's Devious Course — He Goes Back on Himself 207-8 
 
 The Revolution Garfield Dreads 209 
 
 A Rider Gai-field Voted For 210 
 
 Admits he is in Favor of Troops at the Polls 211 
 
 TROOPS AT THE CAPITOL : 
 
 During Electoral Count— Brought There to Intimidate Congress 29 
 
 TWELVE YEARS OF FRAUD, PECULATION AND PLUNDERING 398 
 
 UNION PACIFIC RAILROAD : 
 
 History of ; see Credit Mobilier 55 
 
 Land Grant 528 
 
 Loan of Government Credit to 530 
 
 VENEZUELA SCANDAL: 
 
 The Commission for Adjudicating Claims against the Republic of Venezuela 410 
 
 Suspicious Circumstances 411 
 
 Minister Stillwell's part in the Conspiracy 411 
 
 Total Amount Stolen 412 
 
 Godlove S. Orth Takes a Hand 413 
 
 How Orth Earned his Money 411 
 
 The Contrast— The Democratic way of Dealing with Fraud 414 
 
 VETO BY HAYES OF BILL RESTRICTING CHINESE IMMIGRATION 260 
 
 ' APPROPRIATIONS FOR MARSHALS 210 
 
 LITTLE DEFICIENCY BILL 210 
 
 ACT TO PREVENT MILITARY INTERFERENCE AT 
 
 THE POLLS 224 
 
 VOORHEES, SENATOR D. W.: 
 
 Speech by, On the Negro Exodus 372 
 
 VOTES, SOME OF GARFIELD'S : 
 
 Railroad Land Grants 245-6 
 
 Votes in the Interest of the Whiskey Ring 246 
 
 Steamship Subsidies 246 
 
XVI INDEX. 
 
 PAGE. 
 
 VOTES, SOME OF GARFIELD'S: 
 
 Printiug Frauds 347 
 
 The Choctaw Claim 347 
 
 Votes Against Soldiers Interests 347 
 
 Pensions to Soldiers of 1813 347-8 
 
 Pensions to Mexican Soldiers 348 
 
 Duty on Printing Paper, Sugar, Coal 348 
 
 San Domingo 348 
 
 The Chinese Question 349 
 
 No Sympathy for Ireland ^ 349 
 
 Muzzling the Supreme Court. ! 349 
 
 Votes for President and Congress 557 
 
 WAR CLAIMS : 
 
 The Republican Cry against so-called Rebel Claims 333 
 
 Democrats Opposed to Paying Them 333 
 
 All of these Claims are Forever Barred by the Constitution of the United States 333 
 
 Claims ff " Loyal Citizens" not Barred by the Constitution 333 
 
 Amounts Allowed by the Southern Claims Commission 334 
 
 Republican Slanders Refuted by Mr. Davis, o^ North Carolina 335-7 
 
 WHISKY RING. (THE) : 
 
 The Ring Controls the Republican Administration 400 
 
 Why Grant was Suspected of Complicity 401 
 
 Milwaukee Whisky Ring ' 401 
 
 The White House and the Ring 403 
 
 Gen. Babcock's Complicity in the Whisky Frauds 403 
 
 WHITE HOUSE : 
 
 Expense under Democratic and Republican Rule , 500 
 
 Snobbery at the White House under Rei)ublican Rule 493 
 
 How the People are Tuxed to Pay for Dogs, Carriages, Croquet Sets, and other 
 
 Luxuries for the White House 493-498 
 
 Total Expenditure for White House from 1779 to 1876 499 
 
 WILLIS' REPORT ON CHINESE IMMIGRATION 359 
 
 WREN'S BILL TO RESTRICT CHINESE IMMIGRATION : 
 
 Action of House and Senate thereon — Garfield Opposes it 359 
 
THIS BOOK Tq riTTr. 
 
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