The facts in this case show very plainly that the board of State canvassers were guilty of a disreputable attempt by mere trickery to defeat the result of the election by the people, and such conduct should not receive the countenance of the Senate.

The undersigned, therefore, recommend that the resolution to seat Mr. Corbin, reported by the majority of the committee, be not adopted.

A. S. MERRIMON.
ELI SAULSBURY.
BENJ. H. HILL.

TUESDAY, February 25, 1879.

On motion by Mr. Cameron, of Wisconsin, that the Senate proceed to the consideration of the resolution reported by the Committee on Privileges and Elections declaring David T. Corbin duly elected and entitled to a seat in the Senate as a Senator from the State of South Carolina, it was determined in the negative-yeas 25, nays 36.

On motion by Mr. Conkling, the yeas and nays being desired by one-fifth of the Senators present,

Those who voted in the affirmative are Messrs. Allison, Anthony, Blaine, Booth, Cameron of Wisconsin, Chandler, Conkling, Dawes, Dorsey, Edmunds, Ferry, Hamlin, Hoar, Howe, Ingalls, Kirkwood, McMillan, Mitchell, Morrill, Oglesby, Paddock, Plumb, Rollins, Wadleigh, and Windom.

Those who voted in the negative are Messrs. Bailey, Barnum, Bayard, Beck, Cameron of Pennsylvania, Cockrell, Coke, Conover, Davis of Illinois, Davis of West Virginia, Dennis, Eaton, Garland, Gordon, Grover, Harris, Hereford, Hill, Jones of Florida, Kernan, Lamar, McCreery, McDonald, McPherson, Matthews, Maxey, Merrimon, Morgan, Patterson, Ransom, Saulsbury, Shields, Voorhees, Wallace, Whyte, and Withers.

So the motion was not agreed to.

FRIDAY, February 28, 1879.

The Vice-President laid before the Senate a letter of David T. Corbin, withdrawing his claim to a seat in the Senate as Senator-elect from the State of South Carolina. Ordered, That it lie on the table.

[A copy of the letter is found on page 2028 of the Congressional Record, vol. viii, part 3.]

REIMBURSEMENT OF ME. BUTLER'S EXPENSES.

FRIDAY, March 17, 1882.

Mr. Hoar, from the Committee on Privileges and Elections, reported the following resolution; which was read the first and second times by unanimous consent:

"Resolved, That there be paid out of the contingent fund of the Senate the sum of $3,500 to M. C. Butler, a Senator from the State of South Carolina, in reimbursement of expenses necessarily incurred by him in defense of his title to his seat."

MONDAY, March 20, 1882.

On motion by Mr. Hoar, the Senate proceeded to consider, as in Committee of the Whole, the following resolution reported by him from the Committee on Privileges and Elections on the 17th instant, and no amendment being made it was reported to the Senate:

"A resolution to pay M. C. Butler the expenses incurred by him in defending his title to a seat in the Senate."

Ordered, That it be engrossed and read a third time.

The said resolution was read the third time.

Resolved, That the Senate agree thereto.

[The debate is found on pages 2046, 2047 of the Congressional Record, vol. xiii, part 3.]

REIMBURSEMENT OF MR. CORBIN'S EXPENSES.

"To pay D. T. Corbin, late contestant for a seat in the United States Senate from the State of South Carolina, his expenses of such contest, $10,000.”—U. S. Statutes at Large, 45th Cong., 1877-'79, vol. 20, page 400; surdry civil appropriation bill, approved March 3, 1879.

[Special session of Senate, March, 1877, and second session of the Forty-fifth Congress.] LA FAYETTE GROVER,

Senator from Oregon from March 8, 1877, till March 3, 1883.

March 2, 1877, the credentials of Mr. Grover, elected for the term beginning March 4, 1877, were pre sented. March 7, a memorial of citizens of Oregon protesting against his admission to a seat were presented, and objection was made to the oaths being administered to Mr. Grover at that time. The following day he was admitted after debate. March 9, Mr. Grover submitted a resolution that the memorial be referred to the Committee on Privileges and Elections for investigation. The resolution was agreed to. December 14, 1877, the testimony taken was printed. June 15, 1878, the committee reported that the evidence taken did not sustain any of the charges. The committee asked to be discharged from the further consideration of the subject. One member of the committee, concurring in the conclusion of the committee, submitted views more at length, maintaining that a great injustice was done to Mr. Grover by the consideration given in the Senate to the vague charges preferred against him.

The history of the case here given consists of a transcript of the proceedings of the Senate relating to it from Senate Journals, 2d sess. 44th and 45th Congs., and the report of the committee (except the testimony) from Senate Reports, 45th Cong., 2d sess., No. 540.

Special references to the debates of each day are inserted below.

FRIDAY, March 2, 1877. Mr. Kelly presented the credentials of La Fayette Grover, elected a Senator by the legislature of Oregon for the term of six years commencing March 4, 1877; which were read.

WEDNESDAY, March 7, 1877.

Mr. Wallace moved that the oaths required by law be now administered to Mr. La Fayette Grover, whose credentials were heretofore presented as a Senator from the State of Oregon, and who appeared at the bar of the Senate.

Mr. Hamlin objected to the oath being now administered to Mr. Grover, for the reason that Mr. Mitchell, a Senator from Oregon, now absent from the Chamber, had received and desired to present to the Senate a memorial of citizens of Oregon remonstrating against the admission of the said Grover to a seat in the Senate.

Pending further debate upon the amendment of Mr. Bayard to the resolution of Mr. Blaine,

Mr. Mitchell asked, and by unanimous consent obtained, leave to present at this time a memorial of citizens of Oregon protesting against the admission of L. F. Grover to a seat in the Senate as a Senator from that State until certain charges therein made can be investigated and disproved.

Ordered, That the memorial lie on the table.

[A statement by Mr. Mitchell and a copy of the memorial are found on pages 22, 23 of the Congressional Record, vol. vi.]

THURSDAY, March 8, 1877.

Mr. Wallace submitted the following resolution for consideration: "Whereas, under the Constitution and the laws and the practice of the Senate, La Fayette Grover, claiming to be a Senator from the State of Oregon-his credentials being regular and in due form and there being no contestant for the seat-and there being in said State but one body claiming to be the legislature, and but one person claiming to be the governor, and there being no doubt or dispute as to the existence of one legal, rightful State government, is entitled to admission to a seat in this body, on the prima facie case presented by such credentials, notwithstanding the objections contained in the petition of citizens of the State of Oregon against his admission: Therefore,

"Resolved, That the credentials of La Fayette Grover be taken from the table and the oaths of office be now administered to him.

"Resolved, further, That the petition of citizens of Oregon containing charges against La Fayette Grover lie on the table until the Committee on Privileges and Elections is organized, when they shall be referred to such committee, together with his credentials, with instructions to investigate such charges and report to the Senate as to their truth or falsity."

Mr. Whyte demanded a division of the question, and the question being first put on agreeing to the first resolution and preamble,

It was determined in the affirmative.

79908°-S. Doc. 1036, 62-3- 44

The question recurring on the second resolution, Mr. Wallace, with the consent of the Senate, withdrew the same.

Whereupon

Mr. Grover presented himself at the bar of the Senate, and the Vice-President having administered to him the oaths prescribed by law, he took his seat in the Senate. [The debate is found on pages 31-39 of the Congressional Record, vol. vi.]

FRIDAY, March 9, 1877.

Mr. Grover submitted the following resolution; which was considered by unanimous consent, and agreed to, viz:

“Resolved, That the thirteen memorials heretofore presented to the Senate by Hon. J. H. Mitchell, purporting to be signed by 369 citizens of the State of Oregon, reciting that it was currently reported and generally believed that the election of L. F. Grover as a Senator of the United States was procured by bribery, corruption, and other unlawful means in the legislature of the State of Oregon, and that the said L. F. Grover did corruptly and fraudently issue a certificate of election to one E. A. Cronin as a Presidential elector, on December 6, 1876, and that the said L. F. Grover did bear false witness before the Senate Committee on Privileges and Elections, on or about January 6, 1877, be now referred to the Committee on Privileges and Elections, who shall thoroughly investigate and report upon the foregoing charges, with power to send for persons and papers."

WEDNESDAY, March 14, 1877.

Mr. Mitchell submitted the following resolution for consideration: "Resolved, That the Committee on Privileges and Elections be authorized to designate a subcommittee of three of its members who shall have authority to sit in the vacation for the purpose of taking testimony and making report to full committee at commencement of next session in pursuance of the resolution of the Senate authorizing an investigation into certain charges preferred against La Fayette Grover, Senator from Oregon; and such subcommittee shall have all the powers to send for persons and papers and administer oaths that the full committee now has."

THURSDAY, March 15, 1877.

Mr. Mitchell presented twenty-three petitions of citizens of Oregon, praying that L. F. Grover may be denied a seat in the Senate until certain charges preferred against him may be investigated; which were referred to the Committee on Privileges and Elections. The Senate proceeded to consider the resolution yesterday submitted by Mr. Mitchell to authorize the Committee on Privileges and Elections to appoint a subcommittee to sit during the recess for the investigation of certain charges against La Fayette Grover, a Senator from the State of Oregon; and

Pending debate, it was

Ordered, That the further consideration thereof be postponed to to-morrow.

[The latter proceeding is taken from the Record. It does not appear in the Journal. The debate is found on page 42 of the Congressional Record, vol. vi.]

FRIDAY, March 16, 1877. The Senate resumed, &c., and an amendment having been proposed by Mr. Saulsbury, Pending debate,

On motion by Mr. Allison, the Senate proceeded to the consideration of executive business.

[The debate is found on page 43 of the Congressional Record, vol. vi.]

SATURDAY, March 17, 1877.

The Senate resumed the consideration of the resolution submitted by Mr. Mitchell on the 14th instant, to authorize the Committee on Privileges and Elections to appoint a subcommittee to sit during the recess for the investigation of the charges against La Fayette Grover, a Senator from the State of Oregon; and

The question being on the amendment proposed by Mr. Saulsbury, viz: Strike out all after the word "resolved" and in lieu thereof insert:

"That the Committee on Privileges and Elections, to which was referred a resolution of the Senate relating to the election of La Fayette Grover as Senator from the State of Oregon, be, and the said committee is, instructed to appoint the judge of the fourth judicial district of said State a commissioner to take testimony relating to the matters referred to in said resolution, and the said commissioner so appointed shall have power and authority, and it shall be his duty, to issue subpoenas for witnesses as well on behalf of the said La Fayette Grover as against him and to give due notice of the time and

place when and where the testimony will be taken. The testimony so taken shall be forwarded to the said committee, which shall report the same, with their conclusions thereon, at the next regular session of the Senate,'

On motion by Mr. Mitchell to amend the amendment by striking out all after the word "instructed" and in lieu thereof inserting:

"To appoint from its members a subcommittee of three, who shall take testimony relating to the matters referred to in said resolution and report to the full committee on the first Monday in December next; and for such purpose said subcommittee shall have power to sit in vacation; and if they deem expedient, go to the State of Oregon; and such committee shall have power to employ a clerk, stenographer, and sergeant-at-arms, and shall have all the powers of the general committee to administer oaths and send for persons and papers; and the expenses of such subcommittee, not exceeding $10,000, shall be paid out of the contingent fund of the Senate, upon vouchers to be approved by the chairman of such subcommittee,"

After debate,

It was determined in the affirmative.

On motion by Mr. Davis, of West Virginia, to amend the amendment as amended by striking out the work "clerk," it was determined in the negative-yeas 10, nays 34. On motion by Mr. Davis, of West Virginia, the yeas and nays being desired by onefifth of the Senators present,

Those who voted in the affirmative are Messrs. Beck, Davis of West Virginia, Dennis, Harris, Hereford, Hill, McCreery, McPherson, Wallace, and Whyte.

Those who voted in the negative are Messrs. Allison, Anthony, Bayard, Blaine, Bogy, Chaffee, Christiancy, Conkling, Davis of Illinois, Dorsey, Eaton, Garland, Hamlin, Ingalls, Johnston, Jones of Nevada, McMillan, Maxey, Mitchell, Morrill, Morton, Oglesby, Paddock, Patterson, Plumb, Randolph, Rollins, Sargent, Saulsbury, Saunders, Spencer, Teller, Wadleigh, and Windom.

So the amendment to the amendment was not agreed to.

On motion by Mr. Saulsbury to further amend the amendment by adding thereto the following:

"And that the said L. F. Grover shall be notified of the sessions of the said subcommittee, with the right to be present at the examination of witnesses,"

It was determined in the affirmative.

The amendment of Mr. Saulsbury, as amended, was then agreed to; and,

On the question to agree to the resolution as amended, as follows:

"Resolved, That the Committee on Privileges and Elections, to which was referred a resolution of the Senate relating to the election of La Fayette Grover as Senator from the State of Oregon, be, and the said committee is, instructed to appoint from its members a subcommittee of three, who shall take testimony relating to the matters referred to in said resolution, and report to the full committee on the first Monday in December next; and for such purpose such subcommittee shall have power to sit in vacation, and, if they deem expedient, go to the State of Oregon; and such subcommittee shall have power to employ a clerk, stenographer, and sergeant-at-arms, and shall have all the power of the general committee to administer oaths and send for persons and papers; and the expenses of such subcommittee, not exceeding $10,000, shall be paid out of the contingent fund of the Senate upon vouchers to be approved by the chairman of such subcommitte; and that the said L. F. Grover shall be notified of the sessions of the said subcommittee, with the right to be present at the examination of witnesses,"

It was determined in the affirmative-yeas 39, nays 8.

On motion by Mr. Whyte, the yeas and nays being desired by one-fifth of the Senators present,

Those who voted in the affirmative are Messrs. Allison, Anthony, Bayard, Blaine, Bogy, Booth, Bruce, Chaffee, Christiancy, Coke, Conkling, Davis of Illinois, Dorsey, Eaton, Garland, Hamlin, Hoar, Howe, Johnston, Jones of Nevada, McMillan, McPherson, Maxey, Mitchell, Morgan, Morrill, Morton, Oglesby, Paddock, Patterson, Randolph, Rollins, Sargent, Saunders, Spencer, Teller, Wadleigh, Windom, and Withers.

Those who voted in the negative are Messrs. Cockrell, Davis of West Virginia, Harris, Hereford, McCreery, Merrimon, Wallace, and Whyte.

So the resolution was agreed to.

[The debate is found on pages 43-46 of the Congressional Record, vol. vi.]

On motion by Mr. McMillan,

FRIDAY, December 14, 1877.

Ordered, That the testimony taken before the subcommittee of the Committee on Priv ileges and Elections, designated to investigate certain charges against La Fayette Grover, a Senator from the State of Oregon, be printed.

SATURDAY June 15, 1878. Mr. Wadleigh, from the Committee on Privileges and Elections, who were instructed by the resolution of the Senate of March 9, 1877, to investigate certain matters touching the election of La Fayette Grover as a Senator from the State of Oregon, submitted a report (No. 540), with a recommendation that the committee be discharged from the further consideration of the resolution, and that any member of said committee have leave to present to the Senate, at the present or the next session, his views in writing upon said testimony; and

Leave was granted as requested.

*

Mr. Saulsbury, from the Committee on Privileges and Elections, submitted his views on the question of the election of La Fayette Grover as a Senator from the State of Oregon, to accompany the report of the committee (No. 540) this day made.

REPORT OF COMMITTEE.

[The committee consisted of Messrs. Wadleigh (chairman), Mitchell, Cameron of Wisconsin, McMillan, Hoar, Ingalls, Saulsbury, Merrimon, and Hill.]

IN THE SENATE OF THE UNITED STATES.

JUNE 15, 1878.-Ordered to be printed.

Mr. Wadleigh, from the Committee on Privileges and Elections, submitted the following report:

The Committee on Privileges and Elections, to whom was referred the resolution of the Senate authorizing said committee to investigate and report upon charges that the election of La Fayette Grover as a Senator from the State of Oregon was procured by bribery, corruption, and other unlawful means, report that in their opinion the evidence taken does not sustain any of said charges against him.

Your committee therefore ask to be discharged from the further consideration of said resolution, and that any members of said committee have leave to present to the Senate at the present session or the next session their views in writing upon said testimony.

VIEWS OF MR. SAULSBURY.

Mr. Saulsbury, a member of the subcommittee on Privileges and Elections, appointed to take testimony in reference to the election of the Hon. L. F. Grover as Senator, concurring in the foregoing conclusion of the committee, submits more at length his own views.

At the special session of the Senate in March, 1877, the following resolution, offered by Senator Grover, was adopted, referring to the Committee on Privileges and Elections certain memorials which had been presented to the Senate, and requiring said committee to investigate the allegations therein contained. The resolution is in the following words:

"Resolved, That the thirteen memorials heretofore presented to the Senate by Hon. J. H. Mitchell, purporting to be signed by 369 citizens of the State of Oregon, reciting that it was currently reported and generally believed that the election of L. F. Grover as a Senator of the United States was procured by bribery, corruption, and other unlawful means in the legislature of the State of Oregon, and that the said L. F. Grover did corruptly and fraudulently issue a certificate of election to one E. A. Cronin as a Presidential elector on December 6, 1876, and that the said L. F. Grover did bear false witness before the Senate Committee on Privileges and Elections on or about January 6, 1877, be now referred to the Committee on Privileges and Elections, who shall thoroughly investigate and report upon the foregoing charges, with power to send for persons and papers."

The following is a copy of the memorials referred to in the foregoing resolution:

To the Senate of the United States:

Whereas it is currently reported and generally believed that L. F. Grover by bribery, the corrupt use of money, and other unlawful and dishonorable means procured his election to the Senate of the United States by the legislature of the State of Oregon at its last session; and

Whereas the said L. F. Grover, in obedience to a corrupt scheme to defraud the State of Oregon of its proper electoral vote, as the governor thereof did unlawfully, dishonestly, corruptly, and by acts of usurpation, declare elected to the office of Presidential elector for the State of Oregon, on the 6th day of December, 1876, and did issue a