"The funeral ceremonies deemed appropriate to this occasion in the Senate Chamber are now terminated. We consign all that is mortal of our brother to the custody of an officer of the Senate and a committee of its Members, to be conveyed to his home on the Pacific, and there committed for burial to those who have honored him and loved him so much when living. The Senate, as a body, will now attend the remains to the station."
Mr. Miller was highly esteemed by his associates in the Senate. He was born in Indiana a few miles from Cincinnati, Ohio. After graduating as a lawyer he went to California, in 1853, but returned to his native state, and at the outbreak of the war entered the Union army with the rank of colonel. That he was a gallant soldier is shown by the fact that on his return to Indiana, at the close of the war, Governor Morton presented him a sword which he had promised the soldier of the state who had distinguished himself most and reflected the greatest credit on his state and country. At the close of the war he returned to California, and, after a few years, was elected, by a Republican legislature, to the United States Senate. He was not a frequent or lengthy speaker, but was a man of thought, of attention, of industry and practical sagacity, and brought to every question patient and persistent energy and intelligence. In his manner he was quiet, dignified and courteous. For years he suffered greatly from wounds received in the war, which no doubt shortened his life. He held the position of chairman of the committee on foreign relations, to which I succeeded him.
During April and May interstate commerce was the subject of an extended debate in which I participated. Amendments to the bill passed two years previously, involving "the long haul and the short haul" and whether Congress should attempt to legislate as to transportation within a single state, were debated, and no problems of legislation have been more difficult. The Interstate Commerce Commission organized under these laws was invested with extraordinary powers and its action has been beneficial to the public, but in many cases has seriously crippled many railroad corporations, and bankrupted some of them.
During the latter part of this session I was called upon to perform a very disagreeable duty. The election of my colleague, Mr. Payne, as a Member of the Senate, after an active contest with Mr. Pendleton, gave rise to charges of corruption, not against him personally, but against those who had charge of his canvass in the legislature. The succeeding legislature of Ohio was Republican and undertook to examine these charges by a committee of its house of representatives. The charges made and the testimony taken were sent by the house to the Senate of the United States, with a resolution requesting further examination and that the election be vacated. The papers were referred to the committee on privileges and elections, the majority of whom reported that the charges were not proven, and asked that the committee be discharged from further consideration of the matter. The minority of the committee reported in favor of the inquiry proposed. I felt it to be my duty to the people of Ohio to insist upon an investigation, but in no spirit of unkindness to my colleague. It was the first and only time I had occasion to bring before the Senate the politics of Ohio. My relations with Mr. Payne were friendly. I knew him, and respected him as a prominent citizen of Cleveland and regarded well by his neighbors. I believed that whatever corruption occurred at his election he had no personal knowledge of it, and that his honor would not be touched by the testimony to be produced.
On the 22nd of July I made a long speech upon the report of the committee, reviewing the evidence presented by the Ohio legislature and insisting that it was ample to justify and require a full and thorough examination by the committee. I disclaimed any desire to reflect upon the motives, or the honor, or the conduct, or the opinions, of the Senators who differed with me, saying:
"I believe from my own knowledge of the history of events in Ohio, as well as from the papers sent to us, that there is a profound conviction in the minds of the body of the people of Ohio of all political parties that in the election of my colleague there was gross corruption, by the use of large sums of money to corrupt and purchase the votes of members of the general assembly.
"Now, that is a fact. Whether sufficient evidence has been produced before you to justify this belief is for you to say. Whether sufficient has been said here to put you upon an inquiry, the fact remains that the people of Ohio believe, that in the election of my colleague, there was the corrupt use of money sufficient to change the result."
I then entered upon the details of the charges and testimony submitted to the committee, and concluded as follows:
"It is not sufficient for us to state that the case made by this printed testimony is not strong enough to convict. It is a question whether it is sufficient to excite a suspicion, because upon a suspicion a Senator's seat and his right to hold a seat here may be inquired into. Therefore, with due deference to the distinguished and eminent gentlemen who treat this case as if we were now passing upon the guilt or innocence of an accused with the view of a lawyer and the strictness of a lawyer, it seems to me they have confounded the stage of this inquiry. It is now an inquiry only in the hands of a committee of our body to advise whether or not, in these papers or in any that can be produced, there is cause for investigation, or whether there is reasonable and probable cause that can be produced. If so, then the inquiry goes on. The final judgement, however, is only arrived at when we shall have completed testimony of a legal character, when, with grave and deliberate justice, and with the kindness that we always give to our colleagues here, we proceed to render our judgment.
"I have said more than I intended to say when I rose. I will now add, in conclusion, that I consider that I perform a duty to my state, and especially to the party that I represent here, and all we can say to you is that we have believed and do now believe, mainly upon the statements made by Democratic editors and Democratic citizens, for they know more about it than we do, that upon the belief generally held in the State of Ohio that fraud and corruption did supervene in this election we ask you to make such inquiries as will satisfy your conscience whether that charge is true or false. If it is true, you alone are the judges of it. If it is false, then you should punish the men who started these charges and you should vindicate the men who have been unjustly arraigned.