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CHAPTER V
The Fifteenth General Assembly convened at Des
Moines on the 12th of January, 1874. In the House there was a long
contest over the election of speaker, as no party had a clear
majority. After one hundred thirty-two ballots, on the 23d of
January, John H. Gear, Republican, was chosen over J. W. Dixon, the
candidate of the opposition. In the House there were fifty
Republicans and fifty opposition. As the General Assembly could not
be organized until a Speaker was elected, no business was transacted
until the 23d when the Governor sent in his message. On the
following day the two houses met in joint convention and canvassed
the vote for Governor and Lieutenant-Governor. On the 27th Governor
Carpenter was inaugurated for the second time and Joseph Dysart
became Lieutenant-Governor.
In his message the Governor called attention to
reports of great destitution existing among the homestead settlers
in the northwestern counties of the state. On motion of Senator
Perkins a joint committee of five members, two from the senate and
three from the House, was appointed to inquire into the situation
and report to the General Assembly.
On motion of Senator Kephart a joint committee
consisting of three members of the Senate and five members of the
House was appointed to investigate charges made against the
management of the State Agricultural College by its trustees,
president and other officials. The committee consisted of Senators
Kephart of Linn County, Merrill of Clinton, Cooley of Dubuque, and
Representatives Goodrich of Howard, Newbold of Henry, Peet of
Delaware, Mitchell of Jackson, and Brown of Washington. The
committee had authority to send for persons and papers, administer
oaths to witnesses and make a thorough investigation. The
investigation began on the 3d of February and was continued until
the 11th of March. It was developed in the course of the
investigation that the charges against the management were made by
three members of the college faculty whose connection with the
college as professors was, by action of the trustees, terminated.
These gentlemen employed ex-Governor W. M. Stone, who was the
son-in-law of one of the dismissed professors, to prosecute the
charges made against the management of the college. Forty-three
witnesses were called before the committee and testified, among whom
were all of the officials who had financial and administrative
management of the business of the college from the opening of the
institution up to that time.
The charges made against the management were
numerous, but the following were the principal allegations: First.
The funds of the college have been mismanaged and misappropriated
in the erection of buildings, purchase of lands and other purposes
not contemplated in the laws. Second. Losses sustained by the
defalcation of S. E. Rankin late treasurer, are not likely to be
made good out of his property surrendered. Third. The college is
drifting away from its original intent as a school of agriculture
and mechanical arts and students are unjustly treated by officers of
the college.
After a thorough and rigid investigation the
committee made a report to the General Assembly, of which the
following is a summary.
As to the improper use of the funds belonging to
the college the committee reported that all moneys of every
description and from whatever source, had been accounted for by the
trustees and officers controlling the same, except the loss by the
late treasurer, Samuel E. Rankin, and all appropriations and
receipts from whatever source had been honestly used for the benefit
of the college; though in some cases money received for the rent of
lands, called the interest fund, had been used in erecting buildings
and in the purchase of land deemed necessary by the trustees for the
interest of the college and farm, without the authority of any
existing legislative enactment. All of these irregularities had
been reported to previous General Assemblies. In relation to the
loss by defalcation of S. E. Rankin the committee found that the
real estate deeded to the college to secure loss, was estimated to
be worth $29,000 in addition to $2,000 paid by said Rankin
heretofore. Of the amount of the defalcation, $11,400.70 was from
the interest fund and a portion of this sum must be lost unless the
lands turned over by Rankin be held for a better price than could
then be obtained for them. As to similar sums charged to have been
improperly paid out of the interest fund, for locating and looking
after lands, the committee found that the items had been approved by
the trustees, reported to the General Assembly and were correct.
The committee was of the opinion that the endowment fund had been
wisely, judiciously and honestly managed, so far as any evidence
accessible showed and that the leasing of the lands was the best
policy that could have been pursued to make them available and
remunerative to the college. In conclusion, on this branch of the
subject, the committee found no evidence tending to show that nay
officer or trustee of the college had speculated in or appropriated
to his own use any of the funds of the college or acted in bad faith
in the management of the same. The committee found no evidence to
sustain the charge that the college was drifting away from its
original intent, or that students had been unjustly treated.
The report of the committee was unanimous and as
both political parties were represented the conclusions were
accepted by the General Assembly. The dismissed professors were not
reinstated, their assaults upon the college management utterly
failed and were dismissed by the public as malicious and false.
The advocates of woman suffrage made an earnest
effort to secure the passage of a joint resolution at this session
for the amendment of the Constitution, granting suffrage to women.
They were successful and the joint resolution was adopted by both
branches of the General Assembly.
By far the most absorbing subject considered by this
General Assembly was the growing demand of the people for an act
regulating the freight charges of the railroads. frank T. Campbell,
an able young journalist of Jasper County, was serving his second
term in the Senate. During the preceding session in 1872 he had
given the subject of the regulation of railroad charges careful
study. He had procured copies of a carefully prepared table of
rates from the Illinois Railroad Commission, which had been made by
experts at heavy expense. Taking these tables as a basis, Senator
Campbell made a thorough study of the intricate problems involved
and became well informed on the subject. With the assistance of
Judge George R. Willett, Senator from Winneshiek County, on the
legal questions involved, he prepared the bill which became the
famous "Grange Law." So general had been the feeling of opposition
to the exorbitant rates fixed by the railroads, that delegations of
business men came to Des Moines urging the enactment of laws
regulating the charges of these common carriers.
Early in the session Senator Shane of Benton County
offered a series of resolutions declaring that, "In the sense of the
Senate this General Assembly should not adjourn until laws shall
have been passed upon the following subjects:
First. Regulating and providing for a
reasonable maximum rate of freight and passenger fares on and over
the railroads of this Senate.
Second. Prohibiting railroad companies
doing business in this State, from hereafter buying or holding more
real estate than is necessary to carry on the legitimate business of
railroading therein, also prohibiting the consolidation of parallel
or competing lines of railway, or the issue of any stock or bonds by
any railway company, except the same is in good faith paid for in
money or other valuable consideration.
Third. Prohibiting railroad companies
from issuing free passes, or passes at a discount from the uniform
rate to any person residing in this State and holding any office of
trust, honor or profit under or by virtue of any of the laws of the
State.
Fourth. Prohibiting railroad companies
from granting or giving to any of its officers any special
privileges in carrying passengers or freight by express or
otherwise, over their respective lines of roads.
Fifth. Regulating and taxing railroads
and railroad property as the property of others."
These resolutions which were sent to the committee
on railroads represented the growing radical sentiment of the people
who demanded the right to control these corporations; and they
brought up for discussion and action the whole subject of
legislative regulation of railroads. It became the absorbing topic
before this General Assembly as it had for several years been before
the Granges. The representatives of the corporations came to the
Capital in force and used all of their persuasive and argumentative
skill to defeat radical legislation and were partially successful;
but, after a long and stubbornly contested struggle, the advocates
of legislative control won a substantial victory. With the powerful
aid of the Granges, long working for the education of the farmers on
these lines, and a declaration of both political parties for
legislative control of railroads, a majority of both branches was
able to agree upon the Campbell bill which was passed, accomplishing
one of the reforms, in many respects the most important.
Much time and work had been devoted to the framing
of this bill to make it effective and to keep its requirements in
harmony with well defined constitutional limits.
The principal features of the law were as follows;
the fixing of reasonable maximum rates for the transportation of
freight and passengers on the different railroads of the State; the
provisions of the act to fix the maximum rate for passenger fare at
from three to four cents per mile, regulated by the class under
which the road is placed by the Executive Council; roads to be
classified on the basis of their earnings; a schedule fixed giving
the maximum rate to be charged for freight by each of the four
classes of roads; reports of railroad officers required to be made
during the month of January of each year showing the earnings of the
different roads which shall govern the classification; a penalty of
one hundred dollars per day for failure of any road to make such
report; no railroad company to be permitted to charge any person or
company for transportation of any property a greater than it shall
at the same time charge any other person or company for like
services and upon like conditions.
A number of railroad companies notified Governor
Carpenter that, while the companies denied the justice and
constitutionality of this act, they were disposed to subject it to
the test of actual experiment, before assailing it in the courts.
If an actual experiment should demonstrate that the continual
observance of these schedules would not result in total or partial
confiscation, it might not be necessary to raise any question as to
the validity of the act. If such observance were found to involve
the permanent surrender of the revenues to which the company was
entitled from the operation of its lines, a different policy would
be adopted, with a view of securing such revenue; and any attempt to
enforce the act, as a valid law, would be resisted in the proper
tribunal.
Lafayette Young, Senator from the Cass District, was
chairman of the Senate railroad committee and an influential friend
of railroad control. Senators Shane and John P. West of Henry
County did good service in support of the "Grange" legislation. In
the House, John Q. Tufts of Cedar County led the friends of the
bill, assisted by Lemuel R. Bolter of Harrison and John G. Newbold
of Henry County.
The Legislature made an appropriation of $50,000 to
aid the destitute people of the northwestern counties whose crops
were destroyed the past year by grasshoppers. Joint resolutions
were passed instructing our members of Congress to support an
amendment to the Constitution providing for the election of United
States Senators by vote of the people; to support an amendment
prohibiting Congress from increasing the compensation of its
members; to request Congress to prohibit the granting of public
lands to railroad companies and memorializing Congress for an
increase of currency.
The opposition to the Republican party, under the
name of the Antimonopoly party, held a State Convention at Des
Moines on the 23d of June, 1874, and placed in nomination the
following candidates: Secretary of State, David Morgan; Auditor, J.
H. Keatley; Clerk of Supreme Court, G. W. Ball; Reporter, J. M.
Weart; Register Land Office, R. H. Rodermel. The resolutions were
lengthy but raised no issues differing from the platform of the year
before.
The Republican State Convention assembled at Des
Moines on the 1st of July and placed in nomination the following
ticket: Secretary of State, Josiah T. Young; Auditor, B. R.
Sherman; Treasurer, Wm. Christy; Attorney-General, M. E. Cutts;
Clerk of Supreme Court, E. J. Holmes; Reporter, J. S. Runnells;
Register Land Office, David Secor. The platform made but two new
declarations; the first, favoring the election of President and
Vice-President by a direct vote of the people and the submission to
the people of an amendment of the Stare Constitution admitting women
to the right of suffrage.
At the election in October the Republican candidates
were chosen by an average majority of about 28,000. The vote for
Secretary of State was as follows:
| Young, Republican................ |
107,340 |
| Morgan, Antimonopoly.......... |
78,597 |
| Majority for Young................ |
28,743 |
The Republican candidates for Representatives in Congress were
elected in eight of the nine districts, as follows: George W.
McCrary in the First; J. Q. Tufts in the Second; L. L. Ainsworth,
Democrat, in the Third; H. O. Pratt in the Fourth; James Wilson in
the Fifth; E. S. Sampson in the Sixth; John A. Kasson in the
Seventh; J. W. McDill in the Eighth; and Addison Oliver in the
Ninth.
The act of the Legislature of 1874, known as the "Grange Law",
fixing the schedule of rates to be charged by railroads for
transporting freight and passengers, went into effect in July of
that year. Most of the railroads complied with the provisions,
reluctantly however, some making vigorous protest. The Burlington
and Missouri River Railroad, operated by the Chicago, Burlington and
Quincy Railroad Company, determined to test the validity of the law
in the courts and obtained a temporary injunction restraining the
Attorney-General of Iowa from prosecuting the company, and the State
Treasurer from paying out money for the expense of such prosecution.
The case was brought before John F. Dillon, Judge of the United
States Circuit Court for the District of Iowa, to have the
injunction made perpetual. The position taken by the railroad
company in the case was that the company had the exclusive power to
fix the measure of its own compensation and that the act of 1874 was
in violation of its chartered rights. After a full hearing Judge
Dillon denied the injunction and in rendering his decision said:
"Without further enlarging upon the public nature and uses
of railroads or undertaking to review the authorities cited or
examine the positions assumed by counsel, which would necessarily
lead through a broad field of discussion, I content myself on this
branch of the subject with stating as my conclusion that the
Legislature has not expressly conferred on railway corporations in
this State the exclusive power to fix their own charges, and such a
power cannot be deduced by implication from the constitutional act
of the corporations and that whatever powers are conferred in this
respect are subject to an implied condition that they shall not be
oppressively or unreasonably exercised and also subject to the
future exercise of the police regulations of the State, properly
legislative in its nature, which includes the power to regulate,
consistently with the charter, all of the franchises granted and to
prescribe and limit the amount of toll or charges."
The case was appealed by the railroad company to the Supreme
Court of the United States which confirmed the decision of Judge
Dillon. M. E. Cutts, who was the Attorney-General for Iowa, argued
the case before the two courts and was assisted in the preparation
of the case by Senator Campbell who was familiar with every section
of the act. Mr. Cutts met the ablest attorneys in the country, who
had been employed by the combined railroad interests, and won a
victory of great magnitude in its far reaching effects. It was
regarded as one of the most important decisions ever rendered by a
court in which the interests of the people came in conflict with
those of corporations. It was hailed by the people of Iowa and the
country in general with great satisfaction. The issues involved
reached deeply the material prosperity of every farmer in the State
for all time to come. Under this decision corporations could be
restrained from practicing extortion in conveying the products of
the farms to distant markets and returning the supplies that every
farm must have from the eastern cities and factories. Without this
restraining power unlimited extortion could be enforced upon the
people for an indefinite period of time, for which no remedy would
exist. This decision added much to the value of Iowa farms and
insured to the tillers of the soil a fair compensation for the
capital and labor invested in their pursuit. The untiring effort of
the farmers in the Granges of the State was the most potent
influence brought to bear upon the legislators to secure the
enactment of the law fixing and limiting railroad charges. It was
their united effort that compelled the two strong political parties
to incorporate the demand into their platforms, thus committing
these powerful organizations to the advocacy of the reform.
A State Convention of the Democrats and Antimonopolists was held
at Des Moines on the 24th day of June, 1875, at which the following
candidates were nominated: Shepherd Leffler for Governor; E. B.
Woodward, Lieutenant-Governor; W. J. Knight, Judge of the Supreme
Court, and Isaac Doan, Superintendent of Public Instruction. The
platform was substantially in accord with the former declarations of
the two parties since the formation of their alliance against the
Republicans.
The Republican State Convention was held at Des Moines on the
30th of June and was composed of six hundred and forty delegates.
There was an animated contest between those who were in favor of a
positive endorsement of the prohibitory liquor law and those who
were opposed to such a declaration, The prominent candidates for
Governor were Hon. John Russell of Jones County, late Auditor of
Stare, and General James B. Weaver of Davis County, a distinguished
officer in the Civil War and a radical advocate of the prohibitory
liquor law. The radical prohibitionists united in the support of
General Weaver while those who opposed making prohibition a part of
the platform for the most part supported Mr. Russell. John H. Gear,
Robert Smyth and W. B. Fairfield were also candidates and each had
warm supporters. But before the roll was called it became evident
that the contest was narrowing down to a choice between Russell and
Weaver. The names of the candidates had been presented and a ballot
about to be taken when, by preconcerted agreement among some of the
leaders, Dr. S. M. Ballard, a veteran white haired Republican of
imposing form arose, and, in a powerful voice that penetrated every
part of the assembly, nominated Samuel J. Kirkwood, the "Old War
Governor." The vast audience responded with wild applause. General
Trumbell of Dubuque arose and inquired by what authority Governor
Kirkwood was nominated. Dr. Ballard responded in stentorian voice:
"By authority of the great Republican Party of Iowa." John Russell
arose and declined to be a candidate against Governor Kirkwood.
John H. Gear followed, also declining to be a candidate against the
"Old War Governor." It was known to some delegates that Governor
Kirkwood had sent word to a friend in the convention that he would
not be a candidate. But it was to no avail, the leaders were
determined that he should be nominated. In the midst of intense
excitement the roll was called with the following result: Kirkwood,
two hundred thirty-eight; Weaver, two hundred; Smyth, one hundred
eleven; Fairfield, thirty-three. Before another ballot was
completed so many votes were changed to Kirkwood that his nomination
was made unanimous. Joshua G. Newbold of Henry County was nominated
for Lieutenant-Governor; Aistin Adams of Dubuque for Supreme Judge,
and Alonzo Abernethy was re-nominated for Superintendent of Public
Instruction. The resolutions presented no new issues; the
convention defeated an attempt to commit the party to prohibition.
The State Convention of the temperance organizations of Iowa was
in session at the time the Republican Convention assembled and
earnest efforts were made by its delegates to secure from the
Republicans an endorsement of the prohibitory liquor law but without
success. The Temperance Convention thereupon adopted the following
platform:
"Whereas existing political parties have ignored
prohibition:
"Resolved, That the temperance people of Iowa are forced
to seek promotion of their cause in such a way as will be most
effective without regard to parties; that the law of the State
relating to the desecration of the Sabbath should be rigidly
enforced; that there shall be no diversion of the school fund for
sectarian purposes; that political organizations shall not control
men in their action on moral questions; that county organizations be
formed to elect temperance men to the Legislature."
Rev. John H. Lozier was nominated for Governor by the State
Central Committee consisting of one member from each Congressional
District.
After a spirited campaign the election resulted in the success of
the Republican candidates by a plurality of over 30,000. J. H.
Lozier, the Temperance candidate for Governor, received 1,397 votes.
In September, 1875, the reunion of the Army of the Tennessee was
held in Des Moines. It drew together at the Capital of Iowa the
greatest military commanders of modern times. General Grant, who
was President of the United States, Generals Wm. T. Sherman, Philip
H. Sheridan, George H. Thomas, Oliver O. Howard, John A. Logan, W.
W. Belknap. Secretary of War, and Grenville M. Dodge were all
present and participated in the meetings which continued several
days. Immense crowds of people from every part of Iowa gathered at
the Capital to meet and greet these veteran commanders of the late
Civil War. A reception was held at the Government building where
the famous generals, with President Grant at the head, stood in the
main hall, between the United States Pension Office and the Post
Office, where more than 10,000 citizens passed taking by the hand
these world famous military chieftains. Nearly every building in
the city was decorated with the National flag. At the public
meeting, held at Moore's Opera House on September 28th, General
Grant made a speech which attracted wider notice and interest than
any before delivered by him. It was the subject of public
discussion for more than thirty years. The school children of the
city had been given a holiday to meet the President, and in their
presence General Grant spoke of the common schools in the following
sentence:
"Encourage free schools and resolve that not one dollar of
money appropriated to their support, no matter how raised, shall be
appropriated to the support of any sectarian school. Resolve that
either the State or Nation or both combined shall support
institutions of leaning sufficient to afford every child growing up
in the land the opportunity of a good common school education,
unmixed with sectarian, pagan or atheistical tenets. Leave the
matter of religion to the family circle, the church and the private
school supported entirely by private contribution. Keep the church
and State forever separate."
A report of this speech was sent by a reporter of the press which
totally misrepresented the statement of the President in relation to
the common schools. He was made to say - "support common schools
and none above common schools." The journals of the country and
college presidents took up the subject, believing in the truth of
the report sent out by the press and a long and bitter controversy
arose. Professor Leonard F. Parker of Iowa College did not believe
that the President's Des Moines speech had been correctly reported
and in order to settle the matter he prepared a letter of inquiry to
General Grant and procured the signature of Governor Kirkwood to the
inquiry in order to make sure of a reply. The following was
received by Governor Kirkwood:
EXECUTIVE MASION, WASHINGTON,
November 17, 1875
HON. S. J. KIRKWOOD,
Iowa City, Iowa:
DEAR SIR: What I said in Des Moines was hastily noted
down in pencil and may have expressed my views imperfectly. I have
not the manuscript before me as I gave it to the Secretary of the
Society. My idea of what I said is this: "Resolve that the State
or Nation or both combined, shall furnish to every child growing up
in the land the means of acquiring a good common school educations,"
etc. Such is my idea and such I intended to have said. I feel no
hostility to free education going as high as the State or National
Government feels able to provide - protecting, however, every child
in the privilege of a common school education before public means
are appropriated to a higher education for the few.
Yours Truly,
U. S. Grant.
This letter was published by all of the principal journals of the
country, but the misrepresentation continued to be spread by a class
of persons and journals hostile to the President. Finally to set
the matter at rest with all honest people, General L. M. Dayton,
Secretary of the Society of the Army of the Tennessee who received
the manuscript directly from the hand of General Grant, as he
finished his Des Moines address, called attention to the printed
copy of the proceedings which gave the correct version of the
speech. General Belknap further had the original manuscript of the
address photographed and a facsimile was published which set the
libel forever at rest.* Professor Hammond a few years ago
pronounced this persistent misrepresentation among the "frauds of
the most surprising character."
*A facsimile of the original manuscript of General
Grant's famous address may be seen in the Historical Department of
Iowa.
The State Grange of the Patrons of Husbandry held its annual
session in Des Moines beginning on the 14th of December and
continuing five days. The report of the treasurer showed the
receipts of the year to be $22,000, property on hand including cash
$13,761. Arrangements were made to procure crop reports through the
local Granges to be published in the agricultural papers. A
resolution was adopted asking the General Assembly to enact a law
requiring all banks of deposit to give security in real estate first
mortgages to be held by the Auditor of State, for the benefit of
depositors in case of failure of said banks.
The sixteenth General Assembly convened at Des Moines on the 10th
of January, 1876. The House was organized by the election of John
H. Gear, Speaker. After the inauguration of Governor Kirkwood and
Lieutenant-Governor Newbold the latter entered upon the discharge of
his duties as President of the Senate.
A United States Senator was to be chosen for six years by this
General Assembly and, as the Republicans had a large majority on
joint ballot, the warm contest that ensued was entirely within the
ranks of that party. The candidates were Governor Kirkwood,
Ex-Senator James Harlan, General W. W. Belknap, Hiram Price and
George W. McCrary, all able and well known men who had served the
State in various public positions. The contest was earnest but
friendly and free from the bitterness that often attends similar
campaigns. Mr. Harlan was Governor Kirkwood's strongest competitor
and, up to the time of the assembling of the joint caucus of the
Republican members, the result was in doubt. But just before the
session began Harlan's name was withdrawn and upon the first ballot
Governor Kirkwood received the nomination by a majority of two over
all of his competitors. He was elected, by the joint convention of
the General Assembly five days after his third inauguration as
Governor, for a term of six years from the 4th of March, 1877.
There was little legislation of importance although there were
warm discussions on subjects of deep interest. Among the measures
defeated were bills to restore capital punishment; to repeal the act
of 1874 fixing rates for railroad passengers and freights; to modify
the liquor law by establishing local option. The amendment to the
Constitution, granting suffrage to women, proposed by the previous
Legislature, was again approved by the House for submission to the
people but failed in the Senate by a close vote.
The attempt to repeal the railroad "Grange law" was vigorously
pressed by the opponents with a large lobby representing the
railroad companies. It was claimed that it was crippling the roads,
putting a stop to railroad building and driving some of the
companies into bankruptcy. The Senate railroad committee, to which
the bills for repeal were referred made a careful investigation on
the subject and a majority made a report from which the following
statements are taken:
"We have examined the workings of the law and find that
the people have been benefited by it, the interests of the State
advanced and there are many reasons why the law should be retained.
We find the law has reduced rates largely, has wiped out unjust
discrimination and extortions that existed throughout the State
prior to its passage, has opened up markets within our State for its
products, facilitated the interchange of commodities at home,
fostered our manufactures, aided in the development of agriculture
and is operating largely in favor of Iowa and Iowa people. No
petition for its repeal has come from our constituents and we
believe our people are content with the law and desire to have it
thoroughly tested."
The first State Convention of the year was held by the Temperance
Associations at Des Moines on the 20th of January, while the
Legislature was in session. It adopted a series of resolutions,
among which were the following declarations:
"We regard drunkenness as a crime and the vendors of
intoxicating liquor should be held accessory to and responsible for
injury and crime committed by inebriates.
We favor the absolute prohibition of the sale and
manufacture of all intoxicating liquors as beverages and the
importation of the same.
We ask the General Assembly to urge the appointment of a
National Commission to investigate the legislative criminal,
scientific, economic and other aspects of the liquor traffic as
relates to the public welfare.
One-half of all fines imposed for the violation of the
prohibitory liquor law should be paid to the prosecuting witness.
The owner of the property where liquor is sold should be
made criminally liable to the same extent as the vendor."
A State Convention was held at Des Moines on the 10th of May,
1876, to organize a Greenback party in Iowa. It adopted a platform,
of which the following is a summary:
"Labor is the basis of all wealth and capital cannot be
accumulated except as the product of industry.
It is the duty of the government to establish a monetary
system based on the faith and resources of the nation and adapted to
the demands of legitimate business.
We demand the immediate repeal of the resumption act of
January, 1875, and that the circulating notes of the State and
National banks, as well as all local currency, be withdrawn from
circulation and their place supplied by a uniform currency, the same
to be a legal tender for all purposes and interchangeable for bonds.
We demand the present bonded debt of the country be
refunded as speedily as possible into registered interchangeable
bonds that shall bear interest at a low rate, not exceeding 3.65 per
cent per annum.
We are in favor of the repeal of the act of March 18,
1869, making greenbacks payable in coin and making 5-10 bonds
perpetual or payable only in coin and thus unjustly discriminating
in favor of the money interest."
On the 20th of September the Greenback party held a convention at
Des Moines to nominate candidates for State officers and adopted
additional resolutions as follows:
"We recognize the rights of capital and its just
protection; we condemn all special legislation in its favor.
We demand a reduction of official salaries proportionate
to the reduction of the profits on labor.
We demand the re-monetization of silver.
We demand the equality of soldiers' bounties and favor
Peter Cooper for President."
The following candidates were nominated: for Secretary of State,
A. Macready; Auditor, Leonard Brown; Treasurer, George C. Fry;
Register Land Office, G. M. Walker; Superintendent of Public
Instruction, J. A. Nash; Judges Supreme Court, Charles Negus and
Oliver Jones.
The Republican State Convention met at Des Moines on the 31st of
May, 1876, and nominated the following ticket for State officers:
Secretary of State, J. T. Young; Auditor, B. R. Sherman;
Treasurer, G. W. Bemis; Register Land Office, David Secor; Supreme
Judges, W. H. Seevers and J. H. Rothrock; Superintendent of Public
Instruction, C. W. Van Coelln; Attorney-General, J. F. McJunkin.
The resolutions made new declarations on the following subjects:
"We are in favor of a currency convertible with coin and
therefore advocate the gradual resumption of specie payment by
continuous and speedy steps in that direction.
We cordially invite immigration from all civilized
countries, guaranteeing to emigrants the same political privileges
and all social and religious freedom we ourselves enjoy, and favor a
free and unsectarian system of common schools for their children
with ours.
"We favor James G. Blaine for President."
The Democratic State Convention was held on the 30th of August,
and placed the following candidates in nomination; Secretary of
State, J. H. Stubenbraugh; Treasurer, Wesley Jones; Auditor, Wm.
Groneweg; Register Land Office, H. C. Ridenour; Attorney-General, J.
C. Cook; Supreme Judges, W. I. Hayes and Wm. Graham. The
resolutions indorsed the platform of the Democratic National
Convention and its candidate for President.
The political campaign was warmly contested by the Republicans
and Democrats on the National tickets; the Republicans having
nominated Tutherford B. Hayes of Ohio for President, and William A.
Wheeler of New York for Vice-President. The Democrats nominated
Samuel J. Tilden of New York for President, and Thomas A. Hendricks
of Indiana for Vice-President. The National Greenback party placed
in nomination Peter Cooper of New York for President, and Samuel F.
Cary for Vice-President.
The State election resulted i the choice of the Republican
candidates by an average majority, over the Democratic and Greenback
candidates, of about 50,000.
The first reports of the Presidential election in the country at
large announced the choice of Samuel J. Tilden, by a large majority.
Later returns indicated that doubts existed as to the result.
Intense excitement prevailed over the entire country as
contradictory returns were received from the States of Louisiana,
South Carolina and Florida. It would require every electoral vote
of these three States to elect Hayes. One vote from any of the
three States would insure the election of Tilden. There was a
bitter dispute between the representatives of the two political
parties in the three States as to the result, which could not be
settled by any ordinary means. At the request of President Grant,
John Sherman, John A. Kasson, James A. Garfield and other prominent
Republicans went to New Orleans to see that an honest count was made
and returned. The Democratic National Committee sent eminent men,
among whom were Samuel J. Randall, Lyman Trumbull and Henry
Watterson to look after the interests of Mr. Tilden. Committees
from each party of "visiting statesmen" were invited by the
canvassing board to be present and witness the canvass. But the
board completed the canvass in secret session declaring all of the
Republican candidates elected including the Presidential electors.
The Governor, Attorney-General and a District Judge examined the
duplicate returns of the vote cast in the State and made a
certificate declaring the Democratic candidates for Presidential
electors were elected. A contest of a somewhat similar nature took
place in South Carolina where the Republican canvassers declared
that the Republican electors were chosen. In Florida a similar
disagreement resulted in the Republican candidates for Presidential
electors being declared elected. That there were gross frauds
perpetrated by both parties in each of these States in making
returns there is little doubt. If these returns were accepted and
held to be legal by Congress, Hayes would be elected by one majority
of the electoral vote. Intense interest now centered in the action
of Congress and the state of public feeling was such that serious
apprehension prevailed that a resort to arms might follow the
decision of Congress. There was no dispute that Tilden had received
a majority of the popular vote amounting to 157,394 over the
combined vote of all other candidates. His majority over Hayes was
250,950.
Immediately after the assembling of Congress, Hon. George W.
McCrary of Iowa offered the following resolution.
"Whereas there are differences of opinion as to the proper
mode of counting the electoral votes for President and
Vice-President and as to the manner of determining questions which
may arise as to the legality and validity of returns of such votes
by the several States;
And whereas, it is of the utmost importance that all
differences of opinion and all doubt and uncertainty upon those
questions should be removed, to the end that the votes may be
counted and the result declared by a tribunal whose authority none
can question and whose decision all will accept as final;
Therefore be it resolved, that a committee of five members
of this House be appointed by the Speaker to act in conjunction with
any similar committee that may be appointed by the Senate to prepare
and report without delay such a measure, either legislative or
constitutional, as may in their judgment be best calculated to
accomplish the desired end and that said committee have leave to
report at any time.
The resolution was referred to the judiciary committee, which ,
after consideration, reported it back with the following additional
resolution, all of which were adopted:
"Resolved, That a committee of seven members be appointed
by the Speaker of this House to ascertain and report what are the
privileges powers and duties of the House of Representatives in
counting the votes for President and Vice-President of the United
Stares and that said committee have leave to report at any time."
The Senate agreed to the McCrary plan and appointed a committee
of seven to cooperate with the House committee in devising a plan
for settling the question involved in counting the electoral vote.
McCrary was made a member of the House committee which also
consisted of seven members. Each of the political parties was
represented by trusted and prominent members on this most important
joint committee. The feeling of intense anxiety and serious
apprehension which pervaded the entire country was somewhat allayed
when it was seen that Congress was proceeding to act with fairness
and freedom from partisan considerations. This joint committee
reported the following plan to decide on the conflicting returns
from the disputed States:
"They shall be referred to a commission composed of an
equal number of members from the Senate, the House of
Representatives and the Supreme Court of the United States. This
commission shall decide what is the constitutional vote of each
State in question, and that decision shall govern, unless both
houses shall determine otherwise."
The committee composed of an equal number of members of each
political party agreed upon this plan of settlement, all but one of
the members signing the report. Senator Morton of Indiana did not
agree to the plan. The plan reported by the committee was enacted
into law, receiving the votes of a large majority of the members of
both the House and Senate and was approved by President Grant. When
the two houses of Congress met to receive the returns of the States,
and Florida was reached, there were conflicting returns, one
declaring that the vote had been given to Hayes for President and
another declaring that it had been given to Tilden. The conflict
was then referred to the Electoral Commission for a decision. It
decided in favor of the hayes electors by a strictly partisan vote,
all of the Republican members, (eight,) voting to report the Hayes
electors legally chosen, and the Democratic members, (seven,) voting
that the Tilden electors were legally elected. All of the contested
returns submitted to the Commission were decided by a similar
partisan vote in favor of the Hayes electors. As the Republicans
had a majority on the Commission and as each member voted to
recognize the electors from each contested State who belonged to the
political party of which he was a member, Hayes, the Republican
candidate, was given one majority of the electoral votes and was
declared elected President.
The Senate having a Republican majority, by a strict party vote
accepted the decision of the Electoral Commission and the House
having a Democratic majority, by a strictly partisan vote refused to
accept the decision. As it required the concurrence of both houses
to reject the decision of the Electoral Commission and as only the
House of Representatives rejected the decision, it stood and made
Hayes President.
The contest had lasted from the day of the Presidential election
up to the last day of February, and during all of this time intense
excitement and gloomy apprehension of serious trouble prevailed over
the entire country. No one could foretell the probable decision of
the new tribunal created to make a peaceful solution of the conflict
and public confidence and business were seriously depressed by the
long strain. When the decision came, although arrived at by a
strictly partisan vote, such is the loyalty of the American people
that it was accepted as a legal and equitable settlement. But the
strictly partisan votes in every case, of the judges of the Supreme
Court, was no small shock to that class of people who had heretofore
believed that the members of that high judicial tribunal would put
aside partisan considerations, in such a momentous case, and render
a purely equitable decision. The country could not escape the
conviction that had a majority of the Supreme Judges, acting on the
Commission, been Democrats instead of Republicans, Samuel J. Tilden
would have been declared elected President.
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