®h* ® Alto* §momt BBLLBFONTE, PA. Xh* Largest, Cheapeit and Best Paper * PUBLISHKD IN CKNTRJC COUNTY. Contested Election —Smith vs. Shelley. SPEECH OF HON. ANDREAV G. CURTIN, OF PENNSYLVANIA, IN THE HOUSE OF REPRESENTATIVES, Thursday July 20, 1882. Tha Home having under conaideration tlio conteat" ed-election cuaea of Smith tb. Shalleby— Mr. Curtin said: Mr. Speaker: I am quite sure that nothing I can say to this House will change the result, for 1 apprehend that the report of the majority of the Com mittee of Elections in the pending case will be approved, and the sitting mem ber will be detruded from his seat. We have turned out two sitting members already in a very few days, and I sin cerely hope that the majority of this House have not excluded the sitting members and voted in the contestants in these cases for the reason simply that they were negreos. To vote the negroes in because they are men, under the paramount law of the land, would bo creditable, for they have equal rights with the members on this floor and ed by the amendments to our Constitu with all other American citizens confeir tion. But it they are voted in as mem bers of this House for political purposes in the future because they are negroes, it is not so creditable to the majority, and if the action of the House is con trolled by any such motives, serious ap prehensions may be entertained in the assertion of such a precedent for the future quiet of the country. Mr. Speaker, I gave my hearty ap probation to the learned gentleman from lowa [Mr. Kasson] when he intro duced a bill some days since to change the manner of disposing of contested elections by taking it away from this House so far as possible and remain within the letter of the Constitution ; because in the contests as I have noticed we are merely resolved into a political body and the representation of the Congressional districts in contest is re ferred exclusively to a committee of the House or a party caucus of the majori ty. That committee must be so consti tuted as to represent a majority of the political sentiment of the House; and the political majority of the House in obedience to the report of their own committee or their own caucus in this Congress uniformly unseated the sitting member and seated the contestant. Mr. Speaker, as we ate now sitting the Constitution declares us judges. To be called a judge is a designation known to sacred and profane history in all governments, ancient or modern. It comes down to us from the great nation upon whose institutions our own are in a large measure modeled. When a con test is made for a seat as a member upon this floor, representing a consti tuency of the people of the United States, we are the judges of that elec tion and we should sink the politician and the partisan ; we should put on the ermine'and the ermine should be spot less. And there being no intervening tribunal between the judgesof that con test as we are constituted and the God to whom we make our oaths, we should be careful that we leave outside these Halls all partisan political feeling and judge of the rights of constituents in dependent of political considerations, caste, color, or condition; and this House should not by any improper dis position of its high and important pow ers weaken in the least measure public confidence. The American citizen has ever, and J hope will ever, trusted to the judgment of his peers as one of the cardinal principles that protects his rights, liberties, and enjoyment of hap piness, and, what is infinitely of greater consequence, that the written law tdiall not be tortured by sectional antagonism or partisan zeal into the degradation of the means of punishment or disregard of guaranteed powers for his protection. 1 heard the distinguished gentleman from New .Jersey, |Mr Robeson,) the acknowledged leader of the majority of this House, on a memorable election election contest assert, as I understood his language, that this House, acting as judges, had a right to override the con stitution of a State and the election laws made in pursuance of that consti tution, and being, as he said, a law unto ourselves, decide a contest involving constithtional legal rights independent of the sovereignty of the State or the local law regulating elections or the right of its citizens. Mr. Speaker, one step more and you have revolution. I have always learned in my reading that the rules of a deliberative body were made for the protection of the minori ty ; and I can well understand how a majority may override the rights of a minority representing perhaps an equal number of the people of the United States, from what has occurred on this floor. [Here the hamer fell.] The Speaker pro tempore, (Mr. Ryan.) The six minutes yielded to the gentle man from Pennsylvania have expired. Mr. Curtin. But another gentleman agreed to yield me fifteen minutes. Mr. Thompson, of lowa. 1 want it to be understood how much time I am yielding. Mr. Curtin. I understand that you yield me fifteen minutes of your time. Mr. Thompson, of lowa. Very well. Mr. Curtin. 1 was proceeding to say that the rules of a deliberative body are made, as I understand, for the protec tion of the minority. And I said the gentleman from New Jersey, (Mr. Robe eon,) the acknowledged leader of the majority of this House, has declared that this House can override the consti-' tutions of States and local laws and un seat a member at their pleasure. Let us see, Mr. Speaker, where we would be carried by the assertion of suoh a prin ciple or the exercise of such a power if carried to its logical consequences. It would be possible for the Speaker of this House, as he has power under tho rules to constitute the committees at his pleasure, to form a committee if be pleases of the majority of the House that oould unseat man by man, no mat- ter what districts they represented, what States or by an acknowledged ma jority of their constituencies, until the minority was destroyed and not one left to voice the will or the wishes, the interests or the sentiments of one-half of the people of the United States, in all important measures directed to the collection of revenue, the expenditures of public money, the disposition of all those measures which lead to prosperi ty. The conservative sentiment and principles which underlie our structure of government would be set at naught, and the minority might be fritted away under the powers given by the rules and under the Constitution to the Speaker of this body ; and the majority having acquired absolute control could not only if they pleased increase that majority so as to be entirely satisfactory for the measures they proposed, but they might destroy the minority of the House altogether, and the minority of the people of the United States might be left without representation on this floor, and might cry in vain for relief, or ask for measures for their prosperity and the glory and the power of this Government. For they would he in the hands of an inexorable majority. Take one step more in the carrying out of such a principle and you have revolu tion. Mr. Speaker, if ever revolution eotnes to this great country ; if the liberties, the privileges, and the power of tiiis great people should ever he broken, it will not be by war ; it will not be on ac count of social relations, or caste, or privilege. Through this body is the highway upon which bad and design ing men may travel to revolution when in the future they may dare to strike at this matchless structure of human gov ernment. And I emphasize when we put on the ermine, when the partisan and the politician becomes a judge, let it be spotless. In God's name let us be judges and not partisans. Let us sink the character of political representatives of class or privilege or color, and leel that we represent a people. The Con stitution makes us judge fairly when we come to judge, and not seat a man be cause he is a black man, nor exclude a man because he is a white man. If he is a black man having legal rights su perior to a white man, let us seat him, because he is a man created by the same Providence that created the white man. That is surely logical, as wo have made the black man our equal before the law by amendments to our Consti tution. And if in our political struggles wo reach for the black man for political purposes delude, degrade, anil beguile liitu, to oppress and bring liiin back to a mental bondage, a deeper degradation to liim than the physical bondage from which he has been relieved, we degrade ourselves and humiliate our pride of superiority of race, and fail to elevate him. Mr. Speaker, take care that your committees report properly, after full, impartial, and just consideration of the law and evidence. Rut who on that side of the House has read the evidence as detailed by the gentleman fioui Massa chusetts, who has indulged in the bitter ness, in denunciation-*, in charges of falsehood and of perjury? Who has read that evidence l-ut himself ? In the answer made by my distinguished and youthful colleague from Pennsyl vania you have a perfect am( entire an swer to the gentleman's allegations. Mr. Ranney. Will the gentleman allow me to ask him a question ? Mr, Curtin. What is it you want ? Mr. Ranney, Have you read the re cord in this case? Mr. Curtin. No, { haye never read the record, arid do not believe it as you state it. I take my knowledge of the facts from the statements of my col league, [Mr. Belitzhoover,] and to his ad, mirable and trenchant speech what I say is a supplement. Air. Ranney, If you have never read it, then do not deny it. Mr. Curtin. lam contending for the right of freeman and the representa tion of freemen. The bitter allegations which have been made here come most ly from a vitiated political desire to as sert power. If the contestant was elec ted, ullhougli he is dead let us act as judges and expel the distinguished gen tleman who is iiere in his m.at and rep resents a c nstituencj . if the contest ant was not elecled, our duty will be performed when we declare as judges fairly and honestly on ttm testimony as adduced, and not be betrayed into the adoption of the sentiments, principles, and declarations of the committee with out a thorough and fair investigation in the absence of which all the allegations, rhetoric, and declamation to which in this and the other contested rights to membership drivel into unmeaning farce, and the consumption of time which should he given to the very im portant business of the House yet to be disposed of. That there was something wrong and out of place is shown by the fact thnt the learned and distingnished chair man of the Committee on Elections j Mr. Calkins] yesterday, when a majority had decided, a painful majority brought about under circumstances not the most creditable to this Government, got up in his place and stated that in bis conscience he did not believe that the man now sitting in his seat had a right to occupy it, and notwithstanding his declaration, and he of all others, us chairman of the committee, should know the majority acted, and the con testant is in, a member ot the House. It is time that the judges upon this floor should remember the character they have assumed and decided deliberately controlled by the evidenoe and consti tution and laws of the .StAte in which the election we are now considering was held. I believe that the man contesting in this case was a white man ; I under stand he was. No matter whether he was white or black, he had rights in this country. If he were living he would have rights on this floor provided he had facts clearly established which brought him within the laws of the State, a constituency of which if living, he might have represented on this floor. We are now asked to exclude the sit ting member on the flimsy and uncer tain testimony from poor, illiterate, un tortured, and untrained negroes, who swore indiscreetly and without knowl edge. We are asked to turn him out as though the people of that district may be better without a Representative than to have the distinguished gentleman, who is in all respects qualified and cul tured, to represent their interests and sentiments. Now, if it is true that we can absolve ourselves from the local law of a state or of a Congressional district, if we can rise above and override Statft sovereignty and law made uuder the constitution of the State and of the United States, and the majority of this House can be a law unto itself and settle in caucus or com mittee or by the dictum of leadership the question as to who shall represent the people upon this lloor, then I say that one step more briugs revolution in this country. It is not the lirst time that this has been done. It may possibly be that this is done to punish the people of the South for what has occurred in the past. Surely 1 have demonstrated in my modicum of history that I did not agree with them in that terrible war. I gave to my country, faithfully and conscien tiously, the freshest, strongest years of my lite in active struggle to give the moral and physical power of the great State to aid the central Government in compelling obedience to Iberians. As I then understood it now, the North would not suffer a disruption of the union of States, and war was made to compel the States south of the line to remain within the Government and enjoy its blessings and benefits. In that terrible war 700,000 strong men, ami more, went down to death, and those who contended against the Government and those who gave the highest meas ure of loyalty to sustain the Govern ment can now unite together in tho en joyment of our matchless Constitution and its broad liberty as citizens of one common country. It did not oorur to me that the great heart of the North, when obedience to tho law was com pelled and the people of tlyit portion of the Government which had been in in surrection bad returned to their alle giance, that they would take advan tage to disturb their relations with col or and caste to plunder and rob them of what little was left. Mr. Speaker, I never accorded with that revengeful spirit or sentiment and never will; per haps it 1 did I would not be here and have the honor of a place on this floor. In this case the House is brought face to lace with a contest from that dis turbed part til the United States. No matter whether the parties to this coo test are white men or black. The mem bers of this House will not forget their character as judges, remembering in their deliberations their oaths to their Maker, the anchor which binds the sou! of man to God, and judge knowingly and uiiderstandingly say that no man, remembering Hint he is acting as judge and juror, will cast his vote and turn his back upon tins contest without leel ing in his eonsience that he has perform ed a high and important duty faithful ly to his fellow-citizens and to bis conn try. What I say will, 1 am quite sure, go lor naught; you have decided to turn this gentleman out. You have spoken on the side of the House, and you will speak more. 1 am express- Img ltiv sentiments. While they may not affect a man of the majority of that side ol the House, what I will say will wing its way to uiv constituency, know ing well that the people I represent, who live in the mountains of Central Rente sylvan in, will respond heartily to the sentiments which for thcni I now de clare, that they have no ill feeling of hostility nr revenge to any portion ol the people of this country, and to Hie august tribunal of humble opinion in that district these views ol fluty .'[resub mitted lor candid consideration. Surely they regard every man within the borders of a common country as a i brother. They have that sublime feel- ' in g of patriotism which extends through out all our land, not thut sentiment ' which binds you to your home and State i and the valley in which you live, how- ' ever beautiful it may be; nr to the town j or city of your residence ; or to your so j cial relations, however agreeable but that patriotism which is a holier Hint ' higher sentiment of the human heart, j and makes us call every American citi- j zen a brother; that seutiment which j goes out in sympathy to all humanity. If the action soon to occur is designed ; to punish I he people of the South, then it is time to pause, for such direction limy lead to trouble. If it is expected to humiliate the tninoi ity on this side of the aisle, then there must he another denial of parliamentary usage, custom, and law, which gives to the minority rights which dun not lie disregarded without a dislocation of the great fund amental principles which lie at the very foundation of our great structure of human government. The recollections of that terrible war which 80challenged the brain and all the energies and pow ers of this Government to give to this great people a grandeur which was quite tiew to the nations of the Old World, which illustrated the heroism of the American people, and has so thorough ly established their character wherever martial virtues receive the homage of respect, it must never be forgotten was fought against men, against our own kith and kin, against American citizens. We did not in that war direct our forces against women and children, hut against strong, brave men ; and we learned n lesson we are not to forget. We found in the great battles of the war, our losses on the bloody field, and the long contest which agitated the commerce anil the trade and the sentiments of the civilized world, we were engaged in a great work which challenged to the front all our resources, loyal, moral, and physical. It was not war for revenge, and the revengeful feeling now discuss ed is discreditable to any American man. Its logical lessons have been oarried out, RDd we should forget the animosities and antagonisms which arose out of that strife in the retnrh of the people of that section restored once more to their sworn allegiance to the Government. When Toulon fell in the French Revolution the Abbe Hays wrote to the Direotory— Toulon hit* fallen. We ehot one hiiiidreil nn try. Surely his earnest prayer will be for the return of fraternity throuuh all the hoarders of our country. There' can bo no divisions in the future, and if we are true to ourselves then wo will be as we are once more united. If it bo true that the Representative now on trial has a right to his seat, it is unman ly to punish, through him, his constitu ency because gentlemen on this floor are governed bv recollections of the past. The testimony as detailed and the conclusions made by the ingenious gentleman from Massachusetts fail to convince me thut the gentleman from Alabama has not a right to his seat. I will say, Mr. Speaker, if we are to re gard the lessons of philosophy teaching bv example, that the end of all revolu tions is the oppression of the minorities. There was a Russian field marshal once said "order reigns in Warsaw," and the heroic people of Poland, a nation which had made its mark so strongly on the lace of Europe, a people who resisted and drove back the Turk, then carrying his conquest into the heart of Europe, a strong liberty-loving people for their natural right of liberty and law as de rived from their own nationality, were compelled to submission, to despotic power, to imprisonment, exile, and death. Hope for a seunon Initio Urn earth farewell, And freedom nhrieked when KoMrhirtko fell. Order reigned in Warsaw ; there was no minority there. | Here the hammer fell.J Mr. Thompson, of lowa, resumed the floor. Mr. Curtin. I would like five min utes more only live minutes. Mr. Thompson, of lowa. I have no time to spare. Mr. Curtin. You were born in Penn sylvania and must be a generous man. Just give 1110 five minutes. [Laughter.| Mr. Calkins. The time ot the gentle man from lowa has all been given out. 1 will yield five minutes of my time to i lie gentleman from Pennsylvania, | Mr. Curtin. | Mr. Curtin. I thank the gentleman. Mow I have only five minutes to speak ot minorities. In the French revolution, after the king had lost his head arid legitimate government was destroyed, there re mained in the Council ot Five Hundred an intelligent and conservative minori ty which gave offense and trouble to the progressive revolutionists of that country. One day when the council was in session and the minority asserted and contended tor their rights, the bloody-handed leader of the revolution uttered the declaration, "Purge the convention ! Let the blood of the wick ed How!" In one hour there was no minority in that body. This is a dispo sition of a minority not likely to occur in this country, certafnly not in this House, but who can tell what may oc cur in the future ; and should we not protect posterity bv the wisdom of our (Joverment from all such scenes as oc curred in Paris, where, under a sem blance of a representative form of gov ernment, the streets of Paris ran with human blood and government was moved from its legitimate and proper functions? For fifteen years civilization rocked and reeled under the lieavings of that wonderful revolution and mil lions of people went down to death. Commerce barely lived, civilization was brought to a pause, millions denied (iod and set up for worship the Goddess ot Reason. Mr. Speaker, I do not say this is to occur in this country ; I do not expect it; but it is proper arxl right to say tie lore I close that the minority lias rights guaranteed by the Constitution and laws of this country which cannot lie denied without disregarding the great funda mental principles of this Government, under which we enjoy so many bles sings. And if it should occur that a body of men in tho luture should con ceive to conspire revolution, to strike down our form of government as to take from the Representatives on this side of the aisle the benefits and blessings ac corded them by the Constitution ot the I'nited States and the rules ol debate of iliis House, this is the place tor sucli a body of men and this the highway to ttie consummation which we can only contemplate with feelings of sorrow and humliation. (Applause.| Proposed Postal Improvements, WASHINGTON, July 21.—The House