Autobiography of Seventy Years, Vol. 1-2

by George Frisbie Hoar

We had a good many contests. But the Committee determined to settle all the questions before it as they would if they were judges in a court of justice. The powerful influence of Mr. McCrary, the Chairman, aided largely to bring about that result. The Democratic minority soon discovered that we were sincere and in earnest. They met us in a like spirit. I believe the Committee on Elections during that Congress reported on every case with absolute impartiality, and the House followed their lead. I formed a very pleasant friendship on that Committee with Judge William M. Merrick, a Maryland Democrat, who had made himself very much disliked by the Republican authorities during the War because of his supposed sympathy with Rebellion. I do not think he sympathized with the Rebellion. But he construed the Constitution very strictly and was opposed to many measures of the Administration. He was nominated by President Cleveland to be Judge of the Supreme Court of the District of Columbia. The Judiciary Committee of the Senate reported against him, putting their objection on the ground of the conduct imputed to him during the War, and also of his age. He was then sixty-seven years old. I dissented from the Committee, of which I was a member, and I exerted myself with all my might to secure his confirmation, and was successful. He made a most admirable Judge, and my action was abundantly vindicated by the result.

I have taken special satisfaction in two reports which I made for that Committee. I have a right to say that I dealt with the subjects with the same freedom from bias or prejudice with which it would have been my duty to give to the question if I had been sitting on the Bench of the Supreme Court of the United States.

The case of Cessna vs. Myers was perhaps the most interesting and important of those in which I made a report for the Committee. John Cessna had served the State of Pennsylvania for several terms. He was a very popular and eminent Republican member. According to the returns, Myers, his adversary, had a majority of 14. Cessna showed beyond question, and his antagonist admitted, that more than 14 illegal votes were cast for Myers. On the other hand Myers claimed that there were many illegal votes cast for Cessna, the evidence of which, so far as appeared, came to his knowledge first when introduced in the case. When the evidence was taken Cessna claimed to have evidence that 328 illegal votes were cast for Myers, and that ten legal votes, cast or offered for him, were rejected. On the other hand the sitting member claimed that there were 341 votes illegally thrown for the contestant, and of those Cessna admitted that 81 had proved to be illegal. So the Committee were obliged to examine by itself the evidence in regard to the right to vote of each of several hundred persons.

The case turned finally on some very interesting questions of the law of domicile. It appeared that a considerable number of persons who were entitled to vote, if they were resident of the district where they voted, were workmen employed in the construction of a railroad. They had come from outside the district for that purpose alone, and had no purpose of remaining in the district after the railroad should be completed, and meant then to get work wherever they could find it, there or elsewhere. There were also a number of votes cast by students who had gone to college for the purpose of getting an education, having no design to remain there after their studies terminated. Still another class of voters whose right was in dispute, were the paupers abiding in the public almshouse, and maintained in common by a considerable number of townships and parishes. These paupers voted in the district where the almshouse was situated, although it was not the district of their domicile or residence when they were removed to it.

The Committee held in the case of the laborer,—in spite of the very earnest contention to the contrary, that if the laborer elected in good faith when he came into the district to make it his legal residence, it became his legal residence, even if he intended to leave it and get another after his job was done.

We applied a like doctrine to the case of the students, holding that a student of a college, being personally present in any district, had the right if he so desired, to take up his abode there, and make it by his election his legal residence for a fixed and limited time.

The question of the paupers we left undecided, as it turned out that whichever way it were decided, Mr. Cessna had not overcome his opponent's legal majority.

We also decided an Arkansas case where the title to his seat of a well known Republican member of Congress was at stake, in favor of his Democratic contestant.

I was somewhat gratified in the midst of a storm of vituperation which I had encountered for some political action of mine, in which I was charged by almost the entire Democratic press of the country with being a bitter partisan to find two Democratic gentlemen who had owed their seats to the impartiality of the Committee on Elections, coming very zealously to the rescue.

I served also from 1873 to 1875 on the Committee on Railroads and Canals. I have no recollection of doing anything on that Committee, except aiding in reporting a bill for the regulation by National authority of railroads engaged in interstate commerce, in defence of which I made a very elaborate speech. But I was able to secure the passage of one very interesting and important measure. James B. Eads, the famous engineer, architect of the great St. Louis bridge, had a plan for opening to commerce the mouth of the Mississippi River by a system of jetties. He had submitted his plan to the Board of Engineers appointed by the War Department. But he could get no encouragement, and of the twenty members of that Board, only one, General Barnard, the President, looked with any approval upon his scheme. The Board thought that a very long and costly canal was the only method of securing a water-way which would enable ocean steamers to reach New Orleans, and the product of the Mississippi valley to be carried to Europe that way. Captain Eads appeared before the Committee on Railroads and Canals and urged his scheme in a speech of great interest and ability. The Committee adjourned for a week. They were to take up the question at the next meeting. The vote was unanimous against Mr. Eads's Bill. When the Committee came out of their room he was waiting outside the door to learn his fate. I saw the look of disappointment and despair on his face when he was told of the vote. I asked him to come with me into another room, which he did. I told him that I was satisfied from what I had heard that his plan was a good one, although I had voted against it with the rest of the Committee. It seemed to me that it would be presumptuous in me, having no special knowledge in such matters, to go against the practically unanimous report of the United States Board of Engineers. But I said: "Captain Eads, can you not frame a bill, which will provide that you shall not have any money from the Treasury for your work until you have accomplished something. If you deepen the channel of the river a foot that will have done some good. Suppose you provide that when you have deepened the river a certain number of feet you shall have so much of your pay, when it is deepened further so much more, and so on until the work is done." Captain Eads eagerly caught at the plan. He said that he was willing to do it, and that he was perfectly willing that his getting his pay should depend upon the certificate of the engineers of his having accomplished the result. He agreed to have a bill drawn on that principle. He brought it to me afterward. I went over it very carefully, inserting some additional securities for the Government. I then took it to the next meeting of the Committee, moved a reconsideration of the vote of the previous week. That was carried by a bare majority of one vote. I then moved the new bill as a substitute for the old one. It was adopted. The bill passed the House and Senate under which the Eads jetties were constructed and vessels drawing over twenty- eight feet of water passed freely up and down to and from New Orleans. The depth before that time, I think, had been twelve feet. Captain Eads afterward sent me a beautifully bound copy of the history of the Eads's jetties with an inscription certifying to the facts I have stated, in his own handwriting. I told this story afterward at a meeting of the business men of Boston. Mr. Corthell who happened to be present made a speech after I got through. He is himself a very eminent water engineer. He said that he was associated with Captain Eads at the time and had often heard Captain Eads tell the story.