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Waves of Global Terrorism 1st Edition

David Rapoport
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change and revise said schedules. When such schedules shall have
been made or revised as aforesaid, it shall be the duty of said
commissioners to cause publication thereof to be made for three
successive weeks, in some public newspaper published in the city of
Springfield in this state: “Provided, That the schedules thus prepared
shall not be taken as prima facie evidence as herein provided until
schedules shall have been prepared and published as aforesaid for all
the railroad companies now organized under the laws of this State,
and until the fifteenth day of January, A. D. 1874, or until ten days
after the meeting of the next session of this General Assembly,
provided a session of the General Assembly shall be held previous to
the fifteenth day of January aforesaid.” All such schedules,
purporting to be printed and published as aforesaid, shall be received
and held, in all such suits, as prima facie the schedules of said
commissioners, without further proof than the production of the
paper in which they were published, together with the certificate of
the publisher of said paper that the schedule therein contained is a
true copy of the schedule furnished for publication by said
commissioners, and that it has been published the above specified
time; and any such paper purporting to have been published at said
city, and to be a public newspaper, shall be presumed to have been so
published at the date thereof, and to be a public newspaper.
Sec. 10. In all cases under the provisions of this act, the rules of
evidence shall be the same as in other civil actions, except as
hereinbefore otherwise provided. All fines recovered under the
provisions of this act shall be paid into the county treasury of the
county in which the suit is tried, by the person collecting the same, in
the manner now provided by law, to be used for county purposes.
The remedies hereby given shall be regarded as cumulative to the
remedies now given by law against railroad corporations, and this act
shall not be construed as repealing any statute giving such remedies.
Suits commenced under the provisions of this act shall have
precedence over all other business, except criminal business.
Sec. 11. The term “railroad corporation,” contained in this act,
shall be deemed and taken to mean all corporations, companies, or
individuals now owning or operating, or which may hereafter own or
operate any railroad, in whole or in part, in this State; and the
provisions of this act shall apply to all persons, firms, and
companies, and to all associations of persons, whether incorporated
or otherwise, that shall do business as common carriers upon any of
the lines of railways in this State (street railways excepted) the same
as to railroad corporations thereinbefore mentioned.
Sec. 12. An act entitled “An act to prevent unjust discriminations
and extortions in the rates to be charged by the different railroads in
this State for the transportation of freight on said roads,” approved
April 7, A. D. 1871, is hereby repealed, but such repeal shall not affect
nor repeal any penalty incurred or right accrued under said act prior
to the time this act takes effect, nor any proceedings or prosecutions
to enforce such rights or penalties.
Approved May 2, 1873.

S. M. Cullom,
Speaker House of Representatives.

John Early,
President of the Senate.

John L. Beveridge,
Governor.

The same spirit, if not the same organization, led to many petitions
to Congress for the regulation of inter-state commerce and freight
rates, and to some able reports on the subject. Those which have
commanded most attention were by Senator Windom of Minnesota
and Representative Reagan of Texas, the latter being the author of a
bill which commanded much consideration from Congress in the
sessions of 1878–’80, but which has not yet secured favorable action.
In lieu of such bill Senator Cameron, of Pennsylvania, introduced a
joint resolution for the appointment of a Commission to investigate
and report upon the entire question. Final action has not yet been
taken, and at this writing interest in the subject seems to have
flagged.
The disastrous political action attempted by the Grangers in
Illinois and Wisconsin, led to such general condemnation that
subsequent attempts were abandoned save in isolated cases, and as a
rule the society has passed away. The principle upon which it was
based was wholly unsound, and if strictly carried out, would destroy
all home improvements and enterprise. Parties and societies based
upon a class, and directed or perverted toward political objects, are
very happily short-lived in this Republic of ours. If they could thrive,
the Republic could not long endure.
Supplementary Civil Rights Bill.

Senator Sumner’s Supplementary Civil Rights Bill was passed by


the second session of the 43d Congress, though its great author had
died the year before—March 11th, 1874. The text of the Act is given in
Book V. of this volume, on Existing Political Laws. Its validity was
sustained by the U. S. District Courts in their instructions to grand
juries. The first conviction under the Act was in Philadelphia, in
February, 1876. Rev. Fields Cook, pastor of the Third Baptist colored
church of Alexandria, Virginia, was refused sleeping and eating
accommodations at the Bingham House, by Upton S. Newcomer, one
of its clerks; and upon the trial of the case, in the U. S. District Court,
John Cadwalader, Judge, instructed the jury as follows:
The fourteenth amendment of the Constitution of the United
States makes all persons born or naturalized in the United States,
and subject to the jurisdiction thereof, citizens of the United States,
and provides that 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 * * * deny to any person within its jurisdiction the
equal protection of the laws. This amendment expressly gives to
Congress the power to enforce it by appropriate legislation. An act of
Congress of March 1, 1875, enacts that all persons within the
jurisdiction of the United States shall be entitled to the full and equal
enjoyment of the accommodations, advantages, facilities and
privileges of inns, public conveyances on land or water, theatres and
other places of public amusement, subject only to the conditions and
limitations established by law, and applicable alike to citizens of
every race and color, and makes it a criminal offense to violate these
enactments by denying to any citizen, except for reasons by law
applicable to citizens of every race and color, * * * the full enjoyment
of any of the accommodations, advantages, facilities or privileges
enumerated. As the law of Pennsylvania had stood until the 22d of
March, 1867, it was not wrongful for innkeepers or carriers by land
or water to discriminate against travelers of the colored race to such
an extent as to exclude them from any part of the inns or public
conveyances which was set apart for the exclusive accommodation of
white travelers. The Legislature of Pennsylvania, by an act of 22d of
March, 1867, altered the law in this respect as to passengers on
railroads. But the law of the State was not changed as to inns by any
act of the State Legislature. Therefore, independently of the
amendment of the Constitution of the United States and of the act of
Congress now in question, the conduct of the defendant on the
occasion in question might, perhaps, have been lawful. It is not
necessary to express an opinion upon this point, because the decision
of the case depends upon the effect of this act of Congress. I am
under opinion that under the Fourteenth Amendment of the
Constitution the enactment of this law was within the legislative
power of Congress, and that we are bound to give effect to the act of
Congress according to its fair meaning. According to this meaning of
the act I am of opinion that if this defendant, being in charge of the
business of receiving travelers in this inn, and of providing necessary
and proper accommodations for them in it, refused such
accommodations to the witness Cook, then a traveler, by reason of
his color, the defendant is guilty in manner and form as he stands
indicted. If the case depended upon the unsupported testimony of
this witness alone, there might be some reason to doubt whether this
defendant was the person in charge of this part of the business. But
under this head the additional testimony of Mr. Annan seems to be
sufficient to remove all reasonable doubt. If the jury are convinced of
the defendant’s identity, they will consider whether any reasonable
doubt of his conduct or motives in refusing the accommodations to
Fields Cook can exist. The case appears to the court to be proved; but
this question is for the jury, not for the court. If the jury have any
reasonable doubt, they should find the defendant not guilty;
otherwise they will find him guilty.
The jury brought in a verdict of guilty, March 1, 1876, and the
Court imposed a fine of $500.
The Morton Amendment.

In the session of ’73, Senator Morton, of Indiana, introduced an


amendment to the Constitution providing for the general choice of
Presidential Electors by Congressional districts, and delivered
several speeches on the subject which attracted much attention at the
time. Since then many amendments have been introduced on the
subject, and it is a matter for annual discussion. We quote the
Morton Amendment as the one most likely to command favorable
action:
“Resolved by the Senate and House of Representatives of the
United States of America in Congress assembled, (two-thirds of each
House concurring therein:) That the following article is hereby
proposed as an amendment to the Constitution of the United States,
and, when ratified by the Legislatures of three-fourths of the several
States, shall be valid, to all intents and purposes, as a part of the
Constitution, to wit:

“Article —.

“I. The President and Vice-President shall be elected by the direct


vote of the people in the manner following: Each State shall be
divided into districts, equal in number to the number of
Representatives to which the State may be entitled in the Congress,
to be composed of contiguous territory, and to be as nearly equal in
population as may be; and the person having the highest number of
votes in each district for President shall receive the vote of that
district, which shall count one presidential vote.
“II. The person having the highest number of votes for President in
a State shall receive two presidential votes from the State at large.
“III. The person having the highest number of presidential votes in
the United States shall be President.
“IV. If two persons have the same number of votes in any State, it
being the highest number, they shall receive each one presidential
vote from the State at large; and if more than two persons shall have
each the same number of votes in any State, it being the highest
number, no presidential vote shall be counted from the State at large.
If more persons than one shall have the same number of votes, it
being the highest number in any district, no presidential vote shall be
counted from that district.
“V. The foregoing provisions shall apply to the election of Vice-
President.
“VI. The Congress shall have power to provide for holding and
conducting the elections of President and Vice-President, and to
establish tribunals for the decision of such elections as may be
contested.”
VII. The States shall be divided into districts by the legislatures
thereof, but the Congress may at any time by law make or alter the
same.
The present mode of election is given in Book V. of this volume.
The Whisky Ring.

During 1875 an extensive Whisky Ring, organized to control


revenue legislation and avoidance of revenue taxes, was discovered
in the West. It was an association of distillers in collusion with
Federal officers, and for a time it succeeded in defrauding the
government of the tax on distilled spirits. This form of corruption,
after the declaration by President Grant—“let no guilty man
escape”—was traced by detectives to the portals of the White House,
but even partisan rancor could not connect the President therewith.
O. E. Babcock, however, was his private Secretary, and upon him was
charged complicity with the fraud. He was tried and acquitted, but
had to resign. Several Federal officers were convicted at St. Louis.
Impeachment of Belknap.

Another form of corruption was discovered in 1876, when the


House impeached Wm. W. Belknap, the Secretary of War, on the
charge of selling an Indian trading establishment. The first and main
specification was, that—
On or about the second day of November, eighteen hundred and
seventy, said William W. Belknap, while Secretary of War as
aforesaid, did receive from Caleb P. Marsh fifteen hundred dollars, in
consideration of his having appointed said John S. Evans to maintain
a trading establishment at Fort Sill aforesaid, and for continuing him
therein.
The following summary of the record shows the result, and that
Belknap escaped punishment by a refusal of two-thirds to vote
“guilty:”
The examination of witnesses was begun, and continued on
various days, till July 26, when the case was closed.
August 1.—The Senate voted. On the first article, thirty-five voted
guilty, and twenty-five not guilty. On the second, third and fourth,
Mr. Maxey made the thirty-sixth who voted guilty. On the fifth, Mr.
Morton made the thirty-seventh who voted guilty. The vote on first
was:
Voting Guilty—Messrs. Bayard, Booth, Cameron of
Pennsylvania, Cockrell, Cooper, Davis, Dawes, Dennis, Edmunds,
Gordon, Hamilton, Harvey, Hitchcock, Kelly, Kernan, Key,
McCreery, McDonald, Merrimon, Mitchell, Morrill of Vermont,
Norwood, Oglesby, Randolph, Ransom, Robertson, Sargent,
Saulsbury, Sherman, Stevenson, Thurman, Wadleigh, Wallace,
Whyte, Withers—35.
Voting Not Guilty—Messrs. Allison, Anthony, Boutwell, Bruce,
Cameron of Wisconsin, Christiancy, Conkling, Conover, Cragin,
Dorsey, Eaton, Ferry of Michigan, Frelinghuysen, Hamlin, Howe,
Ingalls, Jones of Nevada, Logan, McMillan, Paddock, Patterson,
Spencer, West, Windom, Wright—25.
Mr. Jones of Florida declined to vote. Those “voting not guilty”
generally denied jurisdiction, and so voted accordingly. Belknap had
resigned and the claim was set up that he was a private citizen.
The White League.

By 1874 the Democrats of the South, who then generally classed


themselves as Conservatives, had gained control of all the State
governments except those of Louisiana, Florida and South Carolina.
In nearly all, the Republican governments had called upon President
Grant for military aid in maintaining their positions, but this was
declined except in the presence of such outbreak as the proper State
authorities could not suppress. In Arkansas, Alabama, Mississippi,
and Texas, Grant declined to interfere save to cause the Attorney-
General to give legal advice. The condition of all these governments
demanded constant attention from the Executive, and his task was
most difficult and dangerous. The cry came from the Democratic
partisans in the South for home-rule; another came from the negroes
that they were constantly disfranchised, intimidated and assaulted
by the White League, a body of men organized in the Gulf States for
the purpose of breaking up the “carpet-bag governments.” So
conflicting were the stories, and so great the fear of a final and
destructive war of races, that the Congressional elections in the
North were for the first time since the war greatly influenced. The
Forty-fourth Congress, which met in December, 1875, had been
changed by what was called “the tidal wave,” from Republican to
Democratic, and M. C. Kerr, of Indiana, was elected Speaker. The
Senate remained Republican with a reduced margin.
The troubles in the South, and especially in Louisiana, had been in
the year previous and were still of the gravest character. Gen’l
Sheridan had been sent to New Orleans and on the 10th of January,
1875, made a report which startled the country as to the doings of the
White League. As it still remains a subject for frequent quotation we
give its text:

SHERIDAN’S REPORT.
New Orleans, January 10, 1875.

Hon. W. W. Belknap, Secretary of War.

Since the year 1866, nearly thirty-five hundred persons, a great


majority of whom were colored men, have been killed and wounded
in this State. In 1868 the official record shows that eighteen hundred
and eighty-four were killed and wounded. From 1868 to the present
time, no official investigation has been made, and the civil
authorities in all but a few cases have been unable to arrest, convict
and punish perpetrators. Consequently, there are no correct records
to be consulted for information. There is ample evidence, however, to
show that more than twelve hundred persons have been killed and
wounded during this time, on account of their political sentiments.
Frightful massacres have occurred in the parishes of Bossier, Caddo,
Catahoula, Saint Bernard, Saint Landry, Grant and Orleans. The
general character of the massacres in the above named parishes is so
well known that it is unnecessary to describe them. The isolated
cases can best be illustrated by the following instances which I have
taken from a mass of evidence now lying before me of men killed on
account of their political principles. In Natchitoches Parish, the
number of isolated cases reported is thirty-three. In the parish of
Bienville, the number of men killed is thirty. In Red River Parish the
number of isolated cases of men killed is thirty-four. In Winn Parish
the number of isolated cases where men were killed is fifteen. In
Jackson Parish the number killed is twenty; and in Catahoula Parish
the number of isolated cases reported where men were killed is fifty;
and most of the country parishes throughout the State will show a
corresponding state of affairs. The following statement will illustrate
the character and kind of these outrages. On the 29th of August,
1874, in Red River Parish, six State and parish officers, named
Twitchell, Divers, Holland, Howell, Edgerton and Willis, were taken,
together with four negroes, under guard, to be carried out of the
State, and were deliberately murdered on the 30th of August, 1874.
The White League tried, sentenced, and hung two negroes on the
28th of August, 1874. Three negroes were shot and killed at
Brownsville, just before the arrival of the United States troops in the
parish. Two White Leaguers rode up to a negro cabin and called for a
drink of water. When the old colored man turned to draw it, they
shot him in the back and killed him. The courts were all broken up in
this district, and the district judge driven out. In the parish of Caddo,
prior to the arrival of the United States troops, all of the officers at
Shreveport were compelled to abdicate by the White League, which
took possession of the place. Among those obliged to abdicate were
Walsh, the mayor, Rapers, the sheriff, Wheaton, clerk of the court,
Durant, the recorder, and Ferguson and Renfro, administrators. Two
colored men, who had given evidence in regard to frauds committed
in the parish, were compelled to flee for their lives and reached this
city last night, having been smuggled through in a cargo of cotton. In
the parish of Bossier the White League have attempted to force the
abdication of Judge Baker, the United States Commissioner and
parish judge, together with O’Neal, the sheriff, and Walker, the clerk
of the court; and they have compelled the parish and district courts
to suspend operations. Judge Baker states that the White Leaguers
notified him several times that if he became a candidate on the
republican ticket, or if he attempted to organize the republican party,
he should not live until election.
They also tried to intimidate him through his family by making the
same threats to his wife, and when told by him that he was a United
States commissioner, they notified him not to attempt to exercise the
functions of his office. In but few of the country parishes can it be
truly said that the law is properly enforced, and in some of the
parishes the judges have not been able to hold court for the past two
years. Human life in this State is held so cheaply, that when men are
killed on account of political opinions, the murderers are regarded
rather as heroes than as criminals, in the localities where they reside,
and by the White League and their supporters. An illustration of the
ostracism that prevails in the State may be found in a resolution of a
White League club in the parish of De Soto, which states, “That they
pledge themselves under (no?) circumstances after the coming
election to employ, rent land to, or in any other manner give aid,
comfort, or credit, to any man, white or black, who votes against the
nominees of the white man’s party.” Safety for individuals who
express their opinion in the isolated portion of this State has existed
only when that opinion was in favor of the principles and party
supported by the Ku-Klux and White League organizations. Only
yesterday Judge Myers, the parish judge of the parish of
Natchitoches, called on me upon his arrival in this city, and stated
that in order to reach here alive, he was obliged to leave his home by
stealth, and after nightfall, and make his way to Little Rock,
Arkansas, and come to this city by way of Memphis. He further states
that while his father was lying at the point of death in the same
village, he was unable to visit him for fear of assassination; and yet
he is a native of the parish, and proscribed for his political
sentiments only. It is more than probable that if bad government has
existed in this State it is the result of the armed organizations, which
have now crystallized into what is called the White League; instead of
bad government developing them, they have by their terrorism
prevented to a considerable extent the collection of taxes, the holding
of courts, the punishment of criminals, and vitiated public sentiment
by familiarizing it with the scenes above described. I am now
engaged in compiling evidence for a detailed report upon the above
subject, but it will be some time before I can obtain all the requisite
data to cover the cases that have occurred throughout the State. I will
also report in due time upon the same subject in the States of
Arkansas and Mississippi.

P. H. Sheridan,
Lieutenant-General.

President Grant said in a special message to Congress, January 13,


1875:—
“It has been bitterly and persistently alleged that Kellogg was not
elected. Whether he was or not is not altogether certain, nor is it any
more certain that his competitor, McEnery, was chosen. The election
was a gigantic fraud, and there are no reliable returns of its result.
Kellogg obtained possession of the office, and in my opinion has
more right to it than his competitor.
“On the 20th of February, 1873, the Committee on Privileges and
Elections of the Senate made a report, in which they say they were
satisfied by testimony that the manipulation of the election
machinery by Warmoth and others was equivalent to twenty
thousand votes; and they add, to recognize the McEnery government
‘would be recognizing a government based upon fraud, in defiance of
the wishes and intention of the voters of the State.’ Assuming the
correctness of the statements in this report, (and they seem to have
been generally accepted by the country,) the great crime in
Louisiana, about which so much has been said, is, that one is holding
the office of governor who was cheated out of twenty thousand votes,
against another whose title to the office is undoubtedly based on
fraud, and in defiance of the wishes and intentions of the voters of
the State.
“Misinformed and misjudging as to the nature and extent of this
report, the supporters of McEnery proceeded to displace by force in
some counties of the State the appointees of Governor Kellogg; and
on the 13th of April, in an effort of that kind, a butchery of citizens
was committed at Colfax, which in blood-thirstiness and barbarity is
hardly surpassed by any acts of savage warfare.
“To put this matter beyond controversy, I quote from the charge of
Judge Woods, of the United States circuit court, to the jury in the
case of the United States vs. Cruikshank and others, in New Orleans,
in March, 1874. He said:
“‘In the case on trial there are many facts not in controversy. I
proceed to state some of them in the presence and hearing of counsel
on both sides; and if I state as a conceded fact any matter that is
disputed, they can correct me.’
“After stating the origin of the difficulty, which grew out of an
attempt of white persons to drive the parish judge and sheriff,
appointees of Kellogg, from office, and their attempted protection by
colored persons, which led to some fighting in which quite a number
of negroes were killed, the judge states:
“‘Most of those who were not killed were taken prisoners. Fifteen
or sixteen of the blacks had lifted the boards and taken refuge under
the floor of the courthouse. They were all captured. About thirty-
seven men were taken prisoners; the number is not definitely fixed.
They were kept under guard until dark. They were led out, two by
two, and shot. Most of the men were shot to death. A few were
wounded, not mortally, and by pretending to be dead were
afterward, during the night, able to make their escape. Among them
was the Levi Nelson named in the indictment.
“‘The dead bodies of the negroes killed in this affair were left
unburied until Tuesday, April 15, when they were buried by a deputy
marshal and an officer of the militia from New Orleans. These
persons found fifty-nine dead bodies. They showed pistol-shot
wounds, the great majority in the head, and most of them in the back
of the head. In addition to the fifty-nine dead bodies found, some
charred remains of dead bodies were discovered near the courthouse.
Six dead bodies were found under a warehouse, all shot in the head
but one or two, which were shot in the breast.
“‘The only white men injured from the beginning of these troubles
to their close were Hadnot and Harris. The courthouse and its
contents were entirely consumed.
“‘There is no evidence that any one in the crowd of whites bore any
lawful warrant for the arrest of any of the blacks. There is no
evidence that either Nash or Cazabat, after the affair, ever demanded
their offices, to which they had set up claim, but Register continued
to act as parish judge, and Shaw as Sheriff.
“‘These are facts in this case, as I understand them to be admitted.’
“To hold the people of Louisiana generally responsible for these
atrocities would not be just; but it is a lamentable fact that
insuperable obstructions were thrown in the way of punishing these
murderers, and the so-called conservative papers of the State not
only justified the massacre, but denounced as Federal tyranny and
despotism the attempt of the United States officers to bring them to
justice. Fierce denunciations ring through the country about office-
holding and election matters in Louisiana, while every one of the
Colfax miscreants goes unwhipped of justice, and no way can be
found in this boasted land of civilization and Christianity to punish
the perpetrators of this bloody and monstrous crime.
“Not unlike this was the massacre in August last. Several northern
young men of capital and enterprise had started the little and
flourishing town of Coushatta. Some of them were republicans and
office-holders under Kellogg. They were therefore doomed to death.
Six of them were seized and carried away from their homes and
murdered in cold blood. No one has been punished; and the
conservative press of the State denounced all efforts to that end, and
boldly justified the crime.”
The House on the 1st of March, 1875, by a strict party vote, 155
Republicans to 86 Democrats, recognized the Kellogg government.
The Senate did the same on March 5th, by 33 to 23, also a party vote.
Under the influence of the resolution unanimously adopted by the
House of Representatives of the United States, recommending that
the House of Representatives of that State seat the persons rightfully
entitled thereto from certain districts, the whole subject was, by
consent of parties, referred to the Special Committee of the House
who examined into Louisiana affairs, viz.: Messrs. George F. Hoar,
William A. Wheeler, William P. Frye, Charles Foster, William Walter
Phelps, Clarkson N. Potter and Samuel S. Marshall, who, after
careful examination, made an award, which was adopted by the
Legislature in April, 1875. It is popularly known as the “Wheeler
Compromise.”
Text of the Wheeler Compromise.

New Orleans, March, 1875.

Whereas, It is desirable to adjust the difficulties growing out of the


general election in this State, in 1872, the action of the Returning
Board in declaring and promulgating the results of the general
election, in the month of November last, and the organization of the
House of Representatives, on the 4th day of January last, such
adjustment being deemed necessary to the re-establishment of peace
and order in this State.
Now, therefore, the undersigned members of the Conservative
party, claiming to have been elected members of the House of
Representatives, and that their certificates of election have been
illegally withheld by the Returning Board, hereby severally agree to
submit their claims to seats in the House of Representatives to the
award and arbitrament of George F. Hoar, William A. Wheeler,
William P. Frye, Charles Foster, William Walter Phelps, Clarkson N.
Potter, and Samuel S. Marshall, who are hereby authorized to
examine and determine the same upon the equities of the several
cases; and when such awards shall be made, we hereby severally
agree to abide by the same:
And such of us as may become members of the House of
Representatives, under this arrangement, hereby severally agree to
sustain by our influence and votes the joint resolution herein set
forth.
[Here follow the signatures of the Democrats who claimed that
their certificates of election as members of the House of
Representatives had been illegally withheld by the Returning Board.]
And the undersigned claiming to have been elected Senators from
the Eighth and Twenty-Second Senatorial Districts, hereby agree to
submit their claims to the foregoing award and arbitrament, and in
all respects to abide the results of the same.
[Here follow the signatures of the Democrats, who made a like
claim as to seats in the Senate.]
And the undersigned, holding certificates of election from the
Returning Board, hereby severally agree that upon the coming in of
the award of the foregoing arbitrators they will, when the same shall
have been ratified by the report of the Committee on Elections and
Qualifications of the body in session at the State House claiming to
be the House of Representatives, attend the sitting of the said House
for the purpose of adopting said report, and if said report shall be
adopted, and the members embraced in the foregoing report shall be
seated, then the undersigned severally agree that immediately upon
the adoption of said report they will vote for the following joint
resolution:
[Here follow the signatures of the Democratic members of the
House of Representatives in relation to whose seats there was no
controversy.]

JOINT RESOLUTION.

Resolved, by the General Assembly of the State of Louisiana, That


said Assembly, without approving the same, will not disturb the
present State Government claiming to have been elected in 1872,
known as the Kellogg Government, or seek to impeach the Governor
for any past official acts, and that henceforth it will accord to said
Governor all necessary and legitimate support in maintaining the
laws and advancing the peace and prosperity of the people of this
State: and that the House of Representatives, as to its members, as
constituted under the award of George F. Hoar, W. A. Wheeler, W. P.
Frye, Charles Foster, Samuel S. Marshall, Clarkson N. Potter, and
William Walter Phelps, shall remain without change except by
resignation or death of members until a new general election, and
that the Senate, as now organized, shall also remain unchanged
except so far as that body shall make changes on contests.
TEXT OF THE AWARD.

New York, March 13, 1875.

The undersigned having been requested to examine the claims of


the persons hereinafter named to seats in the Senate and House of
Representatives of the State of Louisiana, and having examined the
returns and the evidence relating to such claims, are of opinion, and
do hereby find, award and determine, that F. S. Goode is entitled to a
seat in the Senate from the Twenty-second Senatorial District; and
that J. B. Elam is not entitled to a seat in the Senate from the Eighth
Senatorial District; and that the following named persons are
entitled to seats in the House of Representatives from the following
named parishes respectively: From the Parish of Assumption, R. R.
Beaseley, E. F. X. Dugas; from the Parish of Bienville, James Brice;
from the Parish of De Soto, J. S. Scales, Charles Schuler; from the
Parish of Jackson, E. Kidd; from the Parish of Rapides, James
Jeffries, R. C. Luckett, G. W. Stafford; from the Parish of Terrebone,
Edward McCollum, W. H. Keyes; from the Parish of Winn, George A.
Kelley. And that the following named persons are not entitled to
seats which they claim from the following named parishes
respectively, but that the persons now holding seats from said
parishes are entitled to retain the seats now held by them; from the
Parish of Avoyelles, J. O. Quinn; from the Parish of Iberie, W. F.
Schwing; from the Parish of Caddo, A. D. Land, T. R. Vaughan, J. J.
Horan. We are of opinion that no person is entitled to a seat from the
Parish of Grant.
In regard to most of the cases, the undersigned are unanimous; as
to the others the decision is that of a majority.

George F. Hoar,
W. A. Wheeler,
W. P. Frye,
Charles Foster,
Clarkson N. Potter,
William Walter Phelps,
Samuel S. Marshall.

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