·... 418 CONGRESSIONAL RECORD-SENATE. AUGUST 17,

Mr. MOSES. As I have said, our fathers thought it unwise repeal of the silver-purchasing clause of the so-called Sherman to take one metal as the st:mdard, because one metal was more law; which was referred to the Committee on Finance. liable to fluctuate in value -than the average of two. They Mr. TELLER presented a memorial of the Denver (Colo.) thought it wiser to take two of the precious metals and establish Chamber of Commerce, remonstrating against the repeal of the• a parity between them, so that when there was a scarcity of one so-ealled Sherman silver law without an adequate substitute there might be a supply of the other. Now, I .think it is unwise therefor; which was referred to the Committee on Finance. for us to repudiate the system whic11 has existed for a thousand He also presented a petition of citizens of Montezuma County, years, and for more than a hundred years in our own country. Colo., praying for the enactment of legislation providing for the Men talk about putting a price upon silver; how canyouput a free and unlimited coinage of silver at a ratio of 16 to 1; which price upon a thing which itself sets prices? To talk about putting was referred to the Committee on Finance. a pr ice upon silver under free coinage is to talk about measuring Mr. HALE present.ed the petition of W. W. Thomas, presi­ a measure, about measuring a yardstick. Now, I say it is our dent of the Canal Bank, and of r epresentatives of seven other duty to our people to keep the standard of value uniform in our national and savings bmks of Portland, Me., praying for the country, and I believe that if the American Government will say pass _• ge of Senate bill 453, allowing national banks to issue an to the world that we propo e to have free coinage of silver, sil­ amount of circulating notes equai to the par value of the United ver will be upon a p :1rity with gold at its coinage value the world States bonds deposited as security therefor; which was referred over. .to the Committee on Finance. My friend from New York [Mr. HENDRIX] quolied Mr. Cernu­ Mr. MITCHELL of Oregon. I present a petition signed by 19 schi, the great French :financier, as a high authority to prove business men and merchants of the city of Portland, Oregon, in that free coinage by the United States alone is impracticable. I which they pray that Congress may enact legislation as follows: will introduce his own witness. Mr. Cernuschi said: First. That the purchasing clause of the Sherman silver act be repealed. Second. That no substitute of any kind whatever be enacted at this ses­ France maintained for a century the ratio of 15} to 1 in every part of the sion. world. A m onetary system ba. ed 0n two metals is more safe than it is when Third. That an expert commission be appointed to consider n.nd recom­ based on only a single metal. England has suffered many crises simply be mend a scientific plan of currency, based on the experience of other coun­ cause she had only one metal in circulation. tries, and adequate to the requirements of a great commercial nation. He then goes on to ss.y, Mr. Speaker: All the petitioners are leading merchants and business men of It is the monometallists who are the authors of the depreciation which tb:ey point to as a proof of the unworthiness o{the me tal they cry down. ~hey the city of Portland, 19 of them; and their petition comes to me resemble the people who, havinq tied the legs of a horse, call out for him to not directly from them, but under the cover of a communication be killed becaru.e he does not gallop. from the secretary of the Chamber of Commerce of the city of That is what Mr. Cernuschi says about the rea ~ on why silver New York. I move thaii the petition be referred to the Com­ does not keep upon a parity with gold. . mittee on Finance. Mr. Speaker, I see that my time is exhausted. I know that no The motion was agreed to. man's vote will be changed one way or the other by this de bate. Mr. CHANDLER presented the petition of John P. Goggin, Let us not inaugurate a Democratic Administration by repudi­ W. A. Nelson, George B. French, and llothercitizensof Nashua,. ating our past record. N. H., praying for the repeal of the purchasing clause of the so­ ·The people will see to this matter; and ii you do not stand by called Sherman silver law; which was referred to the Committee your pledges they will send men here who will. I appeal to my onFinance. · colleagues to be faithful to the people; and then, with the Demo­ Mr. PERKINS presented a petition of the Board of Trade of cratic party at the helm of st!1te, we can go back and ask them Los Angeles, Cal., praying for the construction of the Nicaragua for a continuance of power, and we shall close the last decade of Canal by the Government; which was referred to the Committee this century with an era of prosperity greater than we have ever on Foreign Relations. seen before, and we sh"ll show to the struggling peoples of the Mr. PASCO presented a petition of the Bond of Trade of world that we realize that we stand as the culmination of the Tamps., Fla., praying for the unconditional repeal of the silver­ . ' hopes ~f past agos and will not be recreant to the trust com­ purchasing clause of the so-called Sherman law; which was ra­ mitted to our care. [Applause.] ferred to the Committee on Finance. LEAVE OF ABSENCE. Mr. PEFFER presented the memorial of N. B. Coggeshall, of By unanimous consent, leave of absence was granted asf.ollows: Eldorado, Kans., remonstrating against the unconditional re­ peal of the so-called Sherman silver law, and praying for-the To Mr. WISE, for two days, on account of import~t business. To Mr. MARSHALL, for three days, on. account of important free and unlimited coinage of the silver dollar of the present weight and fineness; which was referred to the Committee on. business. UNITED STATES MILITARY ACADEMY. Finance. He also presented amemorialofthe Chanute Populist Club, of Mr. WHEELER of Alabama, by unanimous consent, presented Kansas, remonstrating against the destruction o1 silver by any the annual report of the Bo:ITd of Visitors to the United States legislation; which was referred to the Committee on Finance. Military Academy for the ye:tr 1893; which was ordered to be Mr. WASHBURN presented a petition of the Board of Trade printed, and laid on the table. of Minneapolis, Minn., praying for the repeal of the compulsory The SPEAKER. As it is now within two minutes of the hour silver-purchasing section of the so-called Sherman law, and the :fixed by the standing order for adjournment, the Chair, if there passage of a bill allowing national banks to issue notes to the full be no objection, will declare the House adjourned until to-mor­ face value of United States bonds deposited to secure circulation; row morning at 11 o'clock. which was referred to the Committee on Finance. There was no objection; and accordingly (at 4 o'clock and 58 Mr. FRYE presented a memorial of the Board of Managers minutes) the House adjourned. of the National Temperance Society, remonstrating against the passage of a joint resolution providing for a six months' exten­ si.on of the bonded whisky period; which was relerred to the Committee on Finsnce. SENATE. Mr. KYLE presented two memorials of citizens of Clay County, THURSDAY, August 17, 1893. S.Dak., remonstrating against the repeal of the so-called Sher­ man silver law ; which was referred to the Committee on Finance. Prayer by the Chaplain, Rev. W. H. MILBURN, D.D. Mr. CALL. I present petitions from the boards of trade of a The Journal of yesterday's proceedings was read and approved. large number of cities in the United States, praying for the con­ CHANGE OF REFERENCE. struction of anational harbor of refuge in the bight of Cape Can­ averal, .l!,lorida. I move that the petitions·be referred to the Com­ Mr. McPHERSON. I find• in the RECORD that a bi11 I had the mittee on Commerce. honor to introduce.yesterd ay, the bill (S. 504) for the relief of the The motion was agreed to. Berdan Fir·earms Manufacturing Company, was re:t

ing, to whom was referred the' resolution submitted by the Sen· administrator; which was read twice by its title, and referred to ator from Connecticut [Mr. PLATT] on the 15th instant, to report the Committee on Military Affairs. it with a substitute. I ask for the present,consideraticn of the He also introduced a bill (S. 529) for the relief of William R. resolution. Miller; which was read twice by its title, and referred to the The PRESIDING OFFICER (Mr. FAULKNER in the chair). Committee on Military Affairs. The substitute resolution reported by the committee will be He also introduced a bill (S. 530) for the 1'13lief of Capt. W. M. read. Wallace; which was read twice by its title, and referred to the The Secretary read as follows: Committee on Military Affairs. Resolved by the Senate (the House oj Representatives concw•ring), That there He also introduced the following bills; which were severally be printed and bound in cloth 6,000 copies of the report of the commission read twice by their titles, and referred to the Committee on appointed to inquire into the Indian currency, commonly known as the Cl aims~ "Herschell Report on the Coinage of Silver in India," witn the accompany­ ing con·espondence and testimony, of which number 2,000 shall be for the A bill (S. 531) for the relief of Howard Lodge, No. 13, Inde­ use of the Senate and 4,000 for the use of the House. pendent Order of Odd Fellows, of Gallatin, Tenn.; The PRESIDING OFFICER. Is there objection to the pres­ A bill (S. 532) for the relief of tho book agents of the Metho-· entconsiderationof the-resolution? The Chair hears none. The dist Episcopal Church South; question is on the amendment reported by the Committee on A bill (S. 533) for the relief of J. Kropp, administrator of ·Christian Kropp, deceased; · · Printing. A bill (S. 534) for the relief of Caleb Bryan; The amendment was agreed to. The resolution as amended was agreed to. A bill (S. 535) for the relief of the heirs of Samuel B. Spark­ Mr. GORMAN. I ask that the report of the Committee on man, of Nashville, Tenn.; Printing on the resolution may be printed. A bill (S. 536) for the relief of Cummings, Doyle & Co., and The PRESIDING OFFICER. The report will be printed Doyle & Co.; A bill (S. 537) for the relief of the county of Da.vidson, Tenn.; under the rule. A bill (S. 538) for the r elief of the city of Nashville, Tenn.; BILLS INTRODUCED. A bill (S. 539} for the relief of Mrs. Clementine H. Holman; , Mr. FRYE introduced a bill (S. 506) granting an honorable A bill (S. 540) for the reliei of the estateofAndrewJ. Duncan, discharge to William Pierce; which was read twice by its title, deceased; · and referred to the Committee on Military Affairs. A bill (S. 541) for the relief of D. W. and Minna H. Glassie and He also introduced the following bills; which were severally Joseph C. Nash; and read twice by their titles, and referred to the Committee on Com­ A bill (S. 542) for the relief of the trustees of Stewart College, m3rce: Montgomery Countv, Tenn. A bill (S. 507) providing for the collection of fees for furnish- l\1r. BATE also introduced a bill (S. 543) increasing the pen­ ing certific:1tes of title to vessela; , sion of Mrs. Rochie Brien Buell; which was read twice by its A bill (S. 508} exempting American cos.stwise sailing vessels title, and referred to the Committee on Pensions. piloted by their licensed masters or by a United St:l.tes pilot Mr. McMlLLAN introduced a bill (S. 544) to reclassify and from the obligation to pay State pilots for services not rendered; prescribe the salaries of railway postal clerks; which was read A bill (S. 509) to amend an act entitled "An act to amend sec­ twice by its title, and referred to the Committee on Post-Offices tion 4178, Revised St:ttutes, in relation to the marking of vessels' and Post-Ro::tds. names at bow- and stern, and also to provide for marking the He also introduced a bill (S. 545) to provide for a more extended ' draft," approved February 21, 1891; use of gold by the people of the United States; which was read A bill (S. 510) to protect the wages of seamen; and twice by its title, and referred to the Committee on Finance. A bill (S. 511) providing for the establishment and enforce· Mr. MANDERSON introduced a bill (S. 546} to reorganize the ment of rules and regulations for the use and navigation of artillery and infantry of the Army, and to increase its efficiency; United Shtes canals and similar works of navigation, and for which was read twice by its title, and referred to the Committee ,' other purpo.;;es. on Military Affairs. Mr. FRYE also introduced a bill (S. 512) to provide for a com­ He also introduced a bill (S·. 547) providing for the public mission on the subject of the alcoholic liquor traffic; which was printing and binding and the distribution of public documentsr read twice by its title, and referred to the Committee on Educa­ which was re3.d twice by its title, and referred to the Committee tion and Labor. on Printing. Mr. JONES of Arkansas introduced a bill (S. 513) granting the Mr. BLACKBURN introduced a bill (S. 548) for the relief of use of certain lands in the Hot Springs reservation, in the State the eshte of Pearce Noland, deceased; which was read twice by of Arkansas, to the Barry Hospital; which was read twica by its its title, and referred to the Committee on Claims. title, and referred to the Committee on Public Lands. Mr. CALL introduced a bill (S. 549) for the construction of He also introduced a bill (S. 514) for the relief of the Eastern works to render the Bight of' Canaveral, in the State of Florida, band of Cherokee Indians of North Carolina; which was read available for the use of the Navy; which was read twice by its twice by its title, and referred to the Committee on Indian title, and, with the accompanying papers, referred to the Com­ Affairs. mittee on Commerce. He also introduced a bill (S. 515) to amend an act entitled Mr. TELLER introduced a bill {S. 550) explanatory ·of an act ''An act making appropriations for certain expenses and fulfill­ entitled, "An act to settle certain accounts between the United ing treaty stipulations with Indian tribes for the fiscal year end­ St3tes and the State of Mississippi and other States/' and for ing June 30, 1894;" which was read twice by its title, and referred other purpos~s; which was read twice by its title, and referred to the Committee on Indian Affairs. to the Committee on Public Lands. He also introduced the following bills; which were severally Mr. FAULKNER introduced a bill (S. 551) for the relief of read twice by their titles, and referred to the Committee on Marion Lance, administrator of Henry Lance, deceased, of Bar­ Claims: bour County, W.Va.; which was read twice by its- title, and, A bill (S. 516) for the relief of the estate of James Scull, late with the accompanying papers, referred to the Committee on of Arkansas; Claims. A bill (S. 517) for the relief of Holliday S. Ravell; Mr. COCKRELL introduced a bill (S. 552) for the relief of Cal­ A bill (S. 518) for the relief of the estate of J. H. Moseby, de-­ vin Gunn; which was read twice by its title, and referred to the ceased; Committee on Claims. A bill (S. 519) for the relief of the estate of Samuel J. Jones, Mr. l\fORRILL introduced a bill (S. 553) granting a pension to deceased; Martha R. Hitchcock; which was read twice by its title, and, A bill (S. 520) for the relief of the estate of William B. Pool, with the accompanying- papers, referred to -the Committee on late of Jefferson County, A rk.; Pensions. A bill (S. 521} for the relief of Henry M. Stone; Mr. HAWLEY introduced a bill (S. 554) for the relief of Lydia A bill (S. 522) for the relief of James R. L afferry; T .. Hadlock, administratrix of E. C. Hadlock, deceased, of Ver­ A bill (S. 523) for the relief of the board of trustees of the Old mont· which was read twice by its title, and referred to tli.e Com­ School Presbyterian Church of Helena, Phillips County, Ark.; mittee on Claims. A bill (S. 524) for the relief of W. Jasper Blackburn; He also introduced a bill (S·. 55'5) to remove the charge of deser­ A bill (S. 525).for the relief of Margaret. E. Watkins; and tion from the military record of Peter Buckley; which was read' A bill (S·. 5'26) making an appropriation for the benefit of the· twice by its title, and referred to the Committee on Militarv Af- estate of William Moss, decoosed. fairs. ~ Mr. BATE introduced a bill (S. 527) to construct a road to the' Mr. LODGE introduced a bill (S·. 556)for the relief of the Atlan­ national cemetery at Dover, Tenn.; which was· read twice by its' tic Works, of Boston, Mass.; which was read twice by its title, title, and referred to the Committee on Military Affairs. and referred to the Committee on Claims-. He also introduced a bill (S. 528) for the relief af A. W. Wills, Mr. TURPIEintroduced a bill (S. 557) fat" the-relief of George

'· 420- CONGRESSIONAL RECORD-SENATE. AUGUST 17,

F. Roberts, administrator of the· estate of William B. Thayer, of waiting for that report, of course his re olution would b6 deceased, surviving partner of '.rhayer Brothers, and others; opportune~ but if it is only a general question of information, all which was read twice by its title, and referred to the Committee of it is to be found in the Supervising Architect's report, which on Claims. I suppose will come in in November. Mr. JONES of Arkans::ts introduced a bill {S. 558) to authorize Mr. CHANDLER. What the Senator from Maine says is the loyal Creek Indians, Indian Territory, to bring suit in the quite true, that this information, with a gre.tt deal more, will Court of Claims for damages committed upon their property; be found in the report of the Supervising Architect of the Treas­ which was read twice by its title, and referred to the Committee ury, which will be communicated by the Secretary of the Treas­ on Indian Affairs. ury with his regular report on the first Monday in December. He alEO introduced a bill (S. 559) for the relief of the children The resolution simply calls for a shtement in concise form of and heirs-at-law of Albert Pike, deceased, and for other pur­ the unexpended b:tlances and a statement also of what buildings po.se3; which was read twice by its title, and referred tO tha have not been commenced, with a suggestion as to whether there Committee on Indian Affairs. has been delay in commencing them on account of the nonprepa­ He also introduced a bill (S. 560) to pension Alexander Mackey; r.ltion of plans. It will not be a long shtement, nor one which which was read twice by its title, and referred to the Committee it will be injudicious to ask the Supervising Architect to pre­ on Pensions. pare bPfore the first Monday in December. 1f the Senator from He also introduced a bill (S. 561) to provide for the improve­ Missouri has the information now in such shape that he can pre­ ment of the building and grounds of the United States court and sent it to the Sen:1te and it can be printed, of course I do not post-office at Little Rock, Ark.; which was read twice by its desire to press the resolution, but I do desire to have before title, and referred to the Committee on Public Build~gs and Congress the exact information called for by the resolution and Grounds. as much more as can be furnished at this extraordinary session He also introduced the following bills: which were severally of Congress. read twice by their titles, and ref~rred to the Committee on Mr. MITCHELL of Oregon: Will the resolution, if.adopted, Claims: elicit information as to whether the plans for the new buildings A bill (S. 562) for the relief of the est3.te of J. H. Moseby, de- are being prepared in the Architect's office or whether they are ceased; • being prepared under calls for bids? . A bill (S. 563) for the relief of the board of trustees of the Old Mr. CHANDLER. The resolution asks for a statement of ' School Presbyterian Church of Helena, Phillips County, Ark.; whn.t pre-paration is being made. A bill (S. 50-!) for the relief of W. Jasper Blackburn; Mr. MITCHELL of Oregon. I think the resolution ought to A bill (S. 565) for the relief of the heirs of Mark W. Izard, de­ be adopted. · ceased; Mr. CHANDLER. I think it calls for all the information the A bill (S. 566) forth~ relief of the estJ.te of Albert L. Berry, Senator would wJ nt. deceased· Mr. MITCHELL of Oregon. It is very desirable that we should A bill (S. 567) authorizing and directing the Secretary of the have this information before the regular report comes in. Interior to examine certain claims of persons who owned or oc­ Mr. CHANDLER. I think I will ask for the present consid· cupiE>d buildings on the Hot Springs Mount':tin Reservation, eration of the resolution. which had b3en condemned by the Hot Springs Commission and The VICE-PRESIDENT. Is there objection to the present afterwards burned, and to fix a reason::tble value for each of sa.id consideration of the resolution? buildings from the evidence now on file in the Interior Depart­ Mr. GORMAN. I ask the Senator from New Hampshire to ment; and let the resolution go over until to-morrow morning. A bill (S. 568) for the relief of William W. Burns. The VICE-PRESIDENT. The resolution goes over undeJ Mr. LODGE introduced a bill (S. 569) for the erection of a the rule. public building at Medford, Mass.; which was read twice by its PENSION INVESTIGATION. title, and referred to the Committee on Public Buildings and Grounds. Mr. GALLINGER. I submit a r ..: solution to which I feel sur

1893. •r CONGRESSIONAL RECORD-SENATE. 421

The Secretary read as follow'S: The records of the Senate present no previous case in which At end of line 13 add: both of these questions are involved. . Provided further, That hereafter any national banking association" now The Lanman c9.se, from Connecticut, which arose. in 1825, in­ organized or hereafter organized, desiring to withdraw any part of its cir­ volved the first queotion. It was the first contested case in culating notes, shall, in writing, at least sixty days before the time of the proposed withdrawal, make application to the Comptroller of the Currency which the question of the power of a governor to appo~t a Sen­ for permission to withdraw the same, stating in such application the amount ator at the beginning of a term was seriously considered. In a of notes which it desires to withdraw, and no such withdrawal shall be made few preceding cases Senators so appointed were admitted to unless such application is approved, in whole or in part, by the Secretary of the Treasury: Provided, however, That permission shall not be granted for seats without objection or discussion or division, and in one case, the withdrawal of more than $3,000,000 of the circulating notes of national that of Uriah Tracy, of Connecticut, in 1801, after discussion banking associations within any one calendar month, nor shall any more but without reference to a committee. In this last-mentioned than said amount of such notes be actually withdrawn within any one calen­ case there was a yea-and-nay vote, in which it appears from the darmonth. record that the Senate divided on party lines. The vote on the Mr. McPHERSON. I should like to ask the Senator from questi<1n of seating Mr. Tracy was-yeas 13, nays 10. · Maryland, as I was not paying close attention at the time, In the Lanman case, after the report of a committee and after whether the matter he has had read at the desk is in reality an consideration and discussion by the Senate, a motion to seat him independent measure limiting the withdrawal of circulation, or failed on a yea-and-nay vote, there being 23 yeas and 18 nays. whether it is offered as an amendment to the bill now pending? In these cases the State Legislatures charged with the duty of Mr. GORMAN. It is offered as an amendment to the bill re­ choosing the Senators had not met, and in this respect they·dif­ ported by the Committee ori Finance. fered from the ·Ca5e now under consideration. The Lanman case The PRESIDING OFFICER. The proposed amendment will remained as an accepted authority upon the first question I am be ordered to be printed, in the absence of objection. considering until the decision of the Bell case from New Hamp­ SENA'l'OR FROM MONTANA. shire in 1879. Mr. Bell, with a similar title, was admitted upon Mr. HOAR. If the routine morning business is over, I call a yea-and-nay vote, though the report of the majority of the for the consideration of the case of Lee Mantle. Committee on Privileges and Elections was adverse to his right, The VIC1i~-PRESIDENT. The Chair lays before the Senate and since that decision the practice of the Senate ha.s been in the resolution referred to by the Senator from Massachusetts. accord with it. The Senate resumed the consideration of the resolution re­ The leading case involving the second question is that of Mr. ported by Mr. HOAR from the Committee on Privileges and Kensey Johns, from Delaware, which arose in 1794. I will Elections, March 27, 1893; which was read, as follows: merely refer to it here, but will state it more at length pres­ Resolved, That Lee Mantle is entitled to be admitted to a seat as Senator ently. He was appointed by the governor, after the Legisl.1ture from the State of Montana. charged with the duty of electing a Senator to succeed -Mr. Mr. PASCO. Mr. President, at the commencement of the George Read, who had resigned, had m et and adjourned with­ present Congress, on the 4t-h of March last, it wa.s found that tbe out final action. The Senate, after due deliberation, decided by Sbtes of Montana, Wyoming, and Washington had failed to elect a vote of 20 yeas and 7 nays, that Mr. Johns was not entitled to successors to their Senators whose terms had just expired. In a seat. In all similar cases since then this authority has been· Montana and Wyoming the Legislatures had met in January, ac­ followed, as I will show more at length hereafter. The only cording to the requirements of their organic laws, entered upon difference between the c:tse of Johns and the one before us is, the work of the election, balloted fruitle~sly from day to day, and that in the former the governor attempted to fill a vacancy oc­ when the term of each ended by constitutional limitation no Cllrring in a broken te1·m actually commenced; in the present choice had been made. The finaladjournmentoccurredin these case the governor has assumed the right to appoint at the be­ States before the ending of the terms of the former Senators, ginning of a term; but the cases are alike in this, that in ewh Sanders and Warren. the Legislature had failed to act after having an opportunity to In the ca.se of Washington the Legislature assembled later in do so . . January,and was still in session on the 4th of March; the balloting It would seem that the governor's right to appoint would be was then proceeding and continued after the Sena-te a5Sembled far more doubtful under such circumstances at the beginning of in extra session, and the final adjournment occurred abo_ut the a full term than upon the happening of a vacancy in a broken 9th of March, after the actual commencement of the new Sena­ term. torial term. The governors of these States attempted to make It is not, however, because no case exactly similar ever before temporary appointments of successors to the Senators whose arose in the history of the country that this question has never terms had expired, and the credentials of the appointees as they been presented to the Senate. In the years that have passed were presented and received were referred to the Committee on other Legislatures have failed to elect Senators, and States have Privileges and Elections, and the m3.jority of this committee have lost their representation here in whole or in p::trt for months, re.whed the conclusion thatthese appointments are regular and sometime!:! years, at a time. It was not then eontended that the valid, and their reports are accomp:m.ied by resolutions for the failure of the Legislature cast a duty or conferrc.d a privilege admission to membership in this body of those claiming seats upon the governor of the State whose power here was thus dimin­ under the governors' certificates. ished. It wa.s not then contended thatotherStat .o shad constitu­ The reports of this majority in the Montana and Wyoming tional rights as to such diminished representation because of its cases present the following proposition: the Constitution au­ effect upon the general political situation of 1he entil·e country. thorizes the gqvernpr of a State to appoint a Senator, to enter The cha.irs rem3.ined unfilled until the unsuccessful or defaulting upbn a full term at its commencement, after the Legislature Legislatures or their successors had other opportunities in sub­ charged with the duty of electing a Senator for such term has sequent sessions to renew their efforts and continue them till regularly met, attempted the performance of such duty and finally their constitutional functions in the premises were per­ reached no result, and the session of such Legislature has sub­ formed. sequently been ended by a final adjournment ]:)efore the com­ With this history before us, it seems unreasonable to ask in mencement of the new Senatorial term. the second century of the existence of the Senate that we should The report of this majority in the Washington case presents enter upon a new line of action. It is too late to change a prac­ this further proposition: tice that has been followed so long and uniformly; it is safer to The Constitution authorizes such appointment under like cir­ regard the meaning of the Constitution upon this point as per­ cumstances even when the new Senatorial termcommenced, not manently and definitely settled. during a recess, but while such Legislature was actually in ses­ In case~ where a Senator ha.s been elected at the beginning of sion, and the . final adjournment occurred subsequently without a term and the Legislature has once entered upon the duty of the election of a Senator. filling a vacancy occurring subsequently,-as has already been The Montana case, which is the one actually before us, rests shown, the failure to elect has not, up to the present time, been upon the first proposition, and if it is demonstrated to the satis­ held to warrant a gubernatorial appointment. The authority of faction of the majority of the Senate we shall be asked to pro­ the governor as to such vacancy is exhausted. This was for­ ceed to consider and accept the second also. merly regarded as finally and forever settled after the decision This first proposition involves two important questions: of the Kensey Johns ca.se, to which I have already referred, and 1. Whether a governor can make an appointment of a Senator no governor has since attempted to exercise the power of ap­ at the beginning of a term. pointment under such circumstances. 2. Whether a governor can, under any circumstances, appoint The Johns case was as follows: Kensey Johns was appointed a Senator after a State Legislature has had an opportunitv to by the governor of Delaware to fill a vacancy caused by the discharge its constitutional duty to choose and has not done so. resignation of Senator George Read in December, 1793, at the Unless both of these questions can be answered in the affirma­ first session of the l'hird Congress. The Legislature met in tive the proposition upon which the resolution of the majority January, 1794, failed to elect a successor to Mr. Read, and ad­ of the committee rests is not sustained by constitutional author­ journed. The Executive appointment was made in February _. ity. after this adjournment, and Johns was not admitted to the seat. . ' I I

422 CONGRESSIONAL RECORD-SENATE,. AuGUST 17,

The committee of the Senate to whom his case was referred ~mporaneous interpretation said meant that very thing which submitted. the following resolution, which was adopted by a vote 1s ~eld up as incredible. This interpretation, too, was by formal of 20 yeas to 7 nays: actwn of a Senate which contained in its membership some of Resolved, That Kensey Johns, appointed by the governor of the State of the f:a;me.rs .of the Cons~itution, and this occurred during the Delaware as a Senator or the United States- for said State, is not entitled to a seat in the Senate of the United States, a session of the Legislature of Ad~miStratwn of Washmgton, who had presided over the Con­ the said State having intervened between the resignation of the said George ventiOn. .... Read and the appointment of the said KenseyJohns. . The <:onclusions of these Senators upon constitutional ques­ The same principle was afterwards fully recognized in the tw~s will always be lis~ened to with attention and interest by Phelps case, many years later, at the first session of the Thirty­ theJ.r colleag:ues, ~d will. generally be acc&pted as conclusive; third CongTess. but upon thiS pomt the great cm·rent of authority is against In this case the appointment of Samuel S. Phelps as Senator them_, a~d at present ~he position that the governor's power to had been made by the governor, during a recess of the State appomt IS exhausted m such cases may still be recrarded as the Legislature, to fill ~ vacancy caused by the death of ~enat-or settled doctrine, and it will remain so unless the ""senate gives William Upham during the Thirty-second Congress. The ap­ some new interpret:ltion to this pa1·t of the Constitution. pointee filled the seat during the closing months of that Congress The power of a governor to make an appointment at the com­ .- and during an extraordinary session of the Thirty-third Congress. mencement of a Senatorial term under any ordinary circum­ After the close of the latter session the Legislature met, failed stances was never claimed or recognized after the decision in to elect a Senator, and adjourned sine die in December. M.r. the Lanman case until the New Hampshire C'lses arose in 1879 Phelps again attended the Senate, after this failure, on the and ~ubsequent years. Lanman, who was appointed from Con­ 29th of December, 1853; his right to do so was questioned, and nectiCut under such circumst'lnce , was refused his seat in 1825 -the Senate decided against his claim, when the question came to after his case had been considered by a committee and thor~ a vote, on the 16th day of March, 1854, there being 12 yeas and 26 oughly discussed in the Senate. nays. As Senators who sust3.in the views of the m ajority of the com­ No further appointment was attempted, and the seat remained mittee im;ist that the L anman dAcision re ts upon a different vacant till the Legislature again met later in the year and elected principle and is not decisive upon this point, I will give a fuller L g_wrence Brainerd, whose term of service here commenced on statement of the case than I h :we yet done. The term of Sena­ the 14th day of October, 1854. The Williams case, from New tor James Lanman, of Connectiqut, expired March 3, 1825, and no Hampshire, which arose during the first session of the Thirty­ successor had been chosen. An extraordina!t'y session of the third Congress, should also be mentioned in this connection. Senate was ,called by the Pt·esiden t to 2.ssem ble on the next day. Upon the death of Senator Charles G. Atherton during a recess Lanman appeared and presented an executive appointment of the Legislature, the governor appointed Jared W. Williams dated February 8, 1825, a few weeks before the former term had to fill the vacancy. His credentials were presented on the 12th ended. The Legislature was n ot in session, and did not meet till day of December, 1853, and he was sworn in. Subsequently the May. Exceptions were hken to his credentials and they were Legislature met, attempted to elect a Senator, failed and, after referred to a committee. The facts were reported to the Senate transacting all the business of the session, adjourned on the 15th on the 7th of March, and a motion was made tt.at he be admitted day of July, 1854, to a fixed day. This was in effect a final ad­ to the oath required by the Constitution. This motion was de­ journment, and was so regarded and treated by the Senate in the feated by a vote of 18 yeas and 23 nays. consideration and decision of the case. The majority of the Committee on Privileges and Elections Ten days later Senator Mallory of Florida, one of my honored in their report say: predecessors, submitted a resolution inquiring whether the There is no historical evidence from which we can determine whe th~r the rie-ht of Senator Williams under the appointment had expired. Senate rejected Mr. Lanman on the ground that the governor could not fill a vacancy happening at the beginning of the term, or on the ground that The resolution was referred to the Committee on the Judiciary, the governor could not lawi ully make the appointment in anticipation, be­ and a un:rnimous report a.gainstMr. Williams's right was made fore the vacancy occurred and before he could possibly [which should, per­ on the 2d of August, 1854, and a few days later the report was ~!fo~:ebth~~st\~:.ly] know whether the Legislature might be called together adopted without a division. Again the governor's power to appoint was regarded as ex­ They cite the following authorities in support of the view that hausted, and the seat remained vacant till the Legislature again the case was decided upon the latter ground: ., met in the Jollowing year and elected John P. Hale to fill the Judge Story (Constitution, sec. 721, note 2) says; "In tbe case of Mr. Lan­ unexpired term of Senator Atherton. The newly elected Sena­ man, a Senator from Connecticut, a que~ tion occurre::l whether the tate executive could m.ake an appointment in the recess of the State Legislature tor commenced bis term here on the 13th day of July, 1855. in anticipation of the exph·a.tion of the term of office of an eXisting Senato1·. When the question as to the right of a governor to make ap­ It was decided by the Senate that he could not make such an appointment. pointments, after the Legislature h ad once assumed authority or * * * The Senate, by a vote of 23 to 18, decided that the appointment could not be constitutionally made until after the vacancy llad actually occurred.'' jurisdiction over the subject, arose incidentally in this Chamber (See Gordon's Digest of the L:~.ws of the United States, 1827; appendix, note some ye.u·s ago, during the discussion of one of the later New 1 B). Hampshire cases, it was generally admitted by the Senators who inr~r[~aft~fi>1 ~;~~me case, the National Inteiligencer of March 8, 1825, s:\ys participated in the dei>ate that the governor had no longer any "An important constitutional question was yesterday decided in the Sen­ power under the Constitution to fill a vacancy when the Legis­ ate by the refusal to admit Mr. Lanman to a sE.'at in the Senate under a com- 1 lature had had the opportunity to elect and failed to do so. The mission from the goveTilor granted before the expiration ot Mr. Lanman's late term of service. This is the first time the question has bee:1 adj udi­ Senator from M assachusetts [Mr. HoAR] has indicated in this cated under such circumstances as to form a precedent; and we presume it debate that his views upon this point have undergone a change may now be considered: a.<> a settled construction of the con titu tional pro­ since then. His recognized ability as a lawyer entitles his .opin­ vision that a vacancy must have literally 'happened,' or com.e to pa s, be­ ions to the highest respect, and his long experience upon the fore an appointment can be m.ade to filllt.'' Committee on Privileges and Elections, and his habit of care­ Cert3.inly the decision is an authority up-on this second point, fully investigating questionsof this character, givegreatweight but neither Mr. Story nor the National Intelligencer claimed .~ to his views, but this opinion is not supported by practice or that the only question decided was that a vacancy could not be precedent. anticipated. The other was also in issue, and the fair supposi­ The Senator from Indiana [Mr. TURPIE] toward the close of tion is that both grounds of objection to Mr. L anman were sus­ his interesting and able speech in this debate, expresses views t3ined. similar to those of the Senator from Massachusetts as to the But the committee, in endeavoring to ascertain the teachings _power of the governor to appoint after the failure of the Legis­ of the Lanman case, did not exhaust the sources of historic in­ lature to elect a Senator. He says: fm·mation, nor did the Senator from Virginia [Mr. HUNTON] iL There is no mere 'construction by implication which will justify us in con­ his recent interesting and able prasenhtion of his view in sup­ cluding that any vacancy could not be filled by the governor occurring dur­ port of the majority report. ing recesses. We ought to b · unwilling to come t{) the conclusion that any Mr.Bentondevotes achapterofhis Thirty YearsView(volume such vacancy could happen from any cause which could not be supplied by a gubernatorial appointment, unless the power is expressly excluded by the 1, page 56) to this case, and he showsth tthe right of a governor terms of the Constitution. For instance, this would be an exclusion: "When t-o appoint a Senator at the beginning of a term was one of the the Legislature has been in session and adjourned without choice, the gov· questions that was passed upon by the Senate. ernor shall not in the subsequent recess appoint a Senator." What if that had been offered during the Convention whicn framed the Constitution of I quote the chapter in full, omitting only the names of the the United St.ates? What it it had been read in the presence of the presid­ Senators who voted upon each side: ing o1ll.ct\r, Washington, and in the presence of that great statesman, Frank­ Mr. r_.anman had served a regular term as Senator from Connecticut. IDs lin, as I have read it here to-day? term of ser-..'ice expired on the 3rd of Mar.ch of tb is year, and the General As­ Ithinktherewould have been many members of the Con-vention who would sembly of that State having failed to make an election of Senator in his place, have sprung to their feet and said: "Why, gentlemen, it is impossible for us he r eceived a tem-porary appointment from the governor. On presenting to adopt such a proposition as that." him elf to take the onth of otnc . on the 4th d:\y of March. being the first day The Sen"Ltor thinks it incredible that such a proposition could of the special Senatorial session convoked b,v the retiring President (Mr. Monroe), ac.cording to usage, for the inauguration or his successor; his ap­ have been entertained, and yet hist-ory tells us that the Conven­ pointment was objecteu ro, as not having tJeen made in a case in which a gov­ tion did actually entertain and adopt a proposition which con- ernor of a State could fill a >acancy by making a temporary appointment.

I"' 1893. C-ONGRESSIONAL REC.ORD---:SENATE. 423

Mr. Tazewell wa.s .the principal•speaker.against the validity of the appoint- whenever a Legislature adjourns :without action, would .make it ment, arguing against it both on the words of the Constitution and the rea- "hl · r • f il · L · 1 t t fill th sons for the provision. The words of the Constitution are: "If vacancies poss1 e 1n case.o1. .snccess1ve aJ. ures,ln a eg1s a ure o e happened (in th~ Senate) by _resignation or otherwise, during the recess of entire time by .appointing and .re.1ppointing, by piecemeal, the ~e Legislature of any St.ate, the executive thereof may make temporary same person lor a .full term in all or by filling- the seat for the appointments, -until the next meeting of the Legislature." f 11 te b t .::~ ~" t f d.iff t t f tt... "Happen" was held by Mr. Tazewell to be the governing word in this pro- u rm, u Wlt.u·+• ·I..L.Llleren _persons or eren par s o LU.e vision, and it alwa.ysimplied:a·contingency,andan unexpected one. It could term. I do not find in the Constitution any foundation for such not apply to a foreseen event, botmd to occur at a fixed period. Here the power. vacancy was foreseen; there was no contingency in it. It was regular and Th fi t t f th d h 1 t to th t bl' h certain. It was the right of the Legislature to fill it, and if·they failed, no e rs par o e secon paragrap re a es e es a lS. - matter from what cause, there was no right in the governor to supply their ment of classes, and settles the length of the first term of Sana-­ omission. The reason of ·the phraseology w •B evident. The assembly was tors from a State acquiring representation here, but there is a the appointing body. It was the regulat· authority to elect Senators. It dist' t •t• f th · ht f h · th i I ll t was abodyofmoreorlessmembers, butalwaysrepresentingthewholebocly me recogn1 iOn 0 eng o c oosmg em or u erms of the State, and every county of the State, and on that account -vested by thereafter, and it is manifestly the legislative choosing l'eferred the Constitution with the power or choosing Senators. to in the former paragraph that is me.:tnt. The terms choose and elect al·e the words applied to the legislative election The l'emainder of .the paragraph relates to the subJ.ect of vacan- of Senators. The term appoint is the word applied to a gubernatorial ap- pointment. The election was the regular mode oUhe Constitution. and was cies, and even here the Legislature is to act if possible. lf it not to be supe~eded by an appointment in any case in which the Legislature referred again to full terms, why is it necess:try to give the Legis- could act, wnether they acted or not. Some debate took place, and prece- 1 t th t fill · f th t h t ? S h dents were called for. On motion of l'iir. Eaton, a committee was appointed a ure e power 0 vacanCies 0 a C arao er · _uc power to search for them, and found several. The committee consisted of Mr. had been already gran ted if it referred to the beginning of a new Eaton of Tennessee. Mr. Edwards of Connecticut and Mr. Tazewell of Vir- term. Is it not manifest that the vacancies refer:r:ed to were not ginia. They reported the cases of William Cocke, of Tennessee, appointed h db th t't t• 1 d' f t hi h by the.governor of the State in April, 1797, to fill the vacancy occasioned by sue as :were cau-se Y e cons 1 u 10na en mg o erms TI c the expiration of his own term the ad of March preceding; of Uriah Tracy, had already been provided for, but mere fractions of a term of Connecticut,-appointed by the governor of the State in February, 1801. to caused by some unlooked-for event? T.hese fractional terms fill the vacancy to occur upon the expiration of his own term, on the 3d of t b fill d · th L · 1 t if 'bl Th March following; of Joseph Anderson, of Tennessee. ap1Jointed by the gov- even were 0 e e by e eg1s a ure posB.l e. e govern- ernor of the State in February, 1809. to .fill the vacancy-which 1ihe expiration or's power was only to be exercised during the recess of the of his own term would make on the 4th of March following; of John Williams, Legislat-ure, the .appointment was only to .be tern porary, it was oi Tennessee, appointed by the governor of the State in January, 1817, to fill 'd t th t th t• ted t · •t t t the vacancy to occur from the expiration of -his term on the ensuing 3d of evl en a e execu 1ve was expec o exermse 1 or no a March; andinall.thesecases the persons'So appointed·had been admitted to his discretion, the power existed only until the next meeting of their seats, and all of them, except in the case of Mr. Tracy, without .any theLegislature. If no sessionoftheSenatewas to be held befora question beib,g raised, and in his case by a vote of 13 to 10· These precedents the meeting of the Legislature no appointment was necessary·, were not satisfactory to the Senate; and after considering Mr. Lanman's case, from the 4th to the 7th of March, the motion to admit him to a seat if the Legisla;ture :were soon to meet it .might not be desirable tp was rejected by a vote of 23 to 18. • make an appointment th9.t would perhaps terminate at an early Then 'follow the names of the Senators voting. day. Therefore, says the Constitution, the executive may.make And with this decisio!l the subsequent practice of the Senate has con· tempm>ary appointmen:ts. · formed, leaving States in part or in whole unrepresented when the Legisla- The latter part of the second paragraph eviden:tly takes up a 1iure fails to 1ill a regular vacancy. new subject:not already provided for. The provision for filling We must suppose that this result, upon the ground las:t stated full terms -is ample and complete, but broken terms may occur as well as the other, was generally acquiesced in, for no action and an arrangementwas necessary to fill them without unneces­ was subsequently taken adverse to th.e authority of this case sary delay, so as to preserve to each State its right of full rep­ upon either ooint, until the operation of the law of 1866, to which resentation. T.his was the ·purpose of the closiljl.g _part of the I ,shall refer -at some length later on, shut New Hampshire out second paragraph. 'I' he suggestion that the framers of the Con-· at times from her full represent:ttion in the Senate except stitution in this •paragraph intended not only to provide lor through the appointing power. Tbe action in these cases and in broken terms, but also to provide for the beginning of new . ..: ·the Florida C3se, which has recently occurred, admitting Sana- terms in cases where the machinery prodded in the former tors appointed under such circumstances, has •rested, tf I under- paragraph had failed is not well founded. Attention hao already stand the matter correctly, mainly upon the idea that these been,called by Senators who have preceded me to the presump­ States had never had the opportunity to elect. There was no tion that those charged with-duties would perform them, and it foundation for any imputation or suggestion of neglect or willful could not be that in this-one ·matter provision should hav:e been omission in the discharge of duty by the Legislature.. 'ir.his is a deemed necessary against neglect or default. No .such provision broad distinction between these precedents and the cases at bar. aga;instiailure was ·deemed necessary,elsewhere, except in cases New Ramps-hire and Florida had no opportunity to choose Sana- of failure to elect a President or Vice-President through the -tors before the new terms began. Monta,na·and Wyoming had machinery oi the electoral colleges, and the vital importance.of the opportunities and failed to improve rthem. these.elections is a sufficient reason for the exception. Several of those :who have supported the report of the ma- Thera is none to be fOtmd in the following instances : Where jority of the committee in the argumerrt .cregard thooe later the President is char:ged with the.duty of appointing .public ·cases as logically following the -actio.n takan already in the officers; where the_governor is charged with the duty of setting iormer ones, and there is force in .the suggestion. But if this is in motion -the machinery for .filling a vacancy from his State in -the logical ·result and it is wrong, the remedy is to retrace the .the House oi Representatives; where the House of Representa-­ 'WI'ong step and accept the .reasoning and·conclusion of 'the Lan- ti:ves are charged with the duty of choosing theit!..Speaker and man, case H.nd return .to ·the practice of admitting Senators at the other officers; whm7e the Benate, in the absence of the Vice­ beginning of a term only after the Legislature of -a Sta;te has ac- President, have to.choose a President pro tempore. In the two 1JUally performed its constitutional functions rwith reference to latter cases the difficul.ty of ooming to an a.gTeement because of :filling the seat and securing its representation. The situation political differences and individual ambition and rivalry may of my own State in this regard has pressed this matter upon my .arise, as in State Legislatures when Senators are to be chosen. 3Jttention and justifies me in entering upon it at greater length; The importance of these occasions is greater, the :w.heels of which can, however, lbe done more app1mpri!rlely hliter on in the govermilent are.at a standstill while either House remains un­ course of these remarks. organized, and history affords instances of the danger to our Let us examine lthe Constitution with reference to the re- insti-tutionsiro.m the failure of an organized-Congress. But in spective powers of the L egislature and the governor in .filling these cases patriotism prevailed o:ver selfishness and ,the Con­ -seats in this body. .stitution was :found to be equal to the-emergency. It was as The first parag·raph of section 3, Article I, declareshow.States easy to anticipate a -difficulty in organizing the House of Rep­ -are to ba given their re.presenta.tion in the Sariate., and the resentatives, or in choosing a presiding officer in .this body, as power of filling a whole ·and entire term.of six years is there , in·eleoting a Senator, and yttt it was not deemed essential to di­ given to the Legislature, and only to the Legislature. No hint .rectly provide for aiailure, either by naming some other officer or suggestion is there found that any. national legislation or to pr·eside -after a designated time had been -spent in fruitless executive action in the State can abridge tha;tpower,of choosing efforts to elect, or by giving the power of appointing a-Speaker for six years by a single day. When the Legislature of New or President pro tmnpo1·e under such circumstances to some Hampshire met in June, 1889, .to elect aSenatortheyfound them- other authority. selves shorn of their constitutional rights and prerogatives be- '!'he theory ol -the Constitution is that ;the duties charged in cause the executive had claimed and exercised the power of ap- it ·w:i:ll ·be •p sriormed by those u,pon whem the different func­ pointment and the Senate had Tecognized and confirmed the tions of government-are imposed, not that they may be neglected action. Instead of choosing ·a Senator for six. years, as the Con- and that provision .must be made in ca-se of their nonperiorm­ stitution gave them the right and power to do, ·they were able to ance by those primarily charged with them. If this idea that choose the present senior Senator for :five years and eight and a 1 responsibilities devolved upon others in case o.f the neglect or 'half months, -enly a fraction of a term. 1 omission of -those to whom they were originally committed were The re1soning of the Senator from Massachusetts, w..ho no.w -well fttmnded, it would only remove the possibility of failure a claims tha-t the power to appoint is revived in the executive, csingle·step fnl'lther, and .it was far better to rtlly ,.as the founders / CONGRESSIONAL RECORD-SENATE. AUGUST 17,-

of our Government manifestly did, upon the idea that patriotism· exammation of the instrume_nt from its beginning to its latest would be a stronger influence than party st-r:ife and personal am­ amendment discloses no such doctrine, either in direct language bition in t.he days then to come, when divisions and differences or by fair inference. Neither its makers nor its early inter­ might delay and obstruct the easy and regula movement of the ureters claimed the existence of any such a doctrine when they machinery of the Constitution they were framing. decided the Johns and L':tnman cases. Nor had it been discov­ . But I claim that the Constitution sheds more and still clearer ered by·their successors when they decided the Phelps and Wil­ light upon this interesting and important subject. An object liams cases. The Constitution gives to the St3tes the absolute lesson is afforded us by the arrangements fo1· organizing the right to a full and equal representation in the Senate, and pro-· Senate of the First Con~ress. Surely we shall be safe if we pur­ vides that such right shall never be taken from any State, sue the same course that was then to be pursued. There was even by an amendment to the Constitutjon, except with its full never a time when the importance of a full Senate was greater. consent, and the necessary me ~ns are provided to secure such The number of States was small. There was jndifference in cer­ representation without inte rmissio_n, except for such brief periods tain quarters as to accepting the Constitution and entering into as it may take for the constituted authorities to act. But there the" more perfect union." Neglect or refusal on the part of a is no provision for an absolutely uninterrupted succession, as in few States to elect Senators, even after they had ratified it and the case of the Presidency. As a matter of actu•ll experience accepted the ne w Echeme of go vernmen t, migh t render the whole we see every second year, except when an extraord!nary session plan abortive. These difficulties must have been understood intervenes, a break in the terms of about one-third of our num­ thoroughly and well bvthe public men of that day, and they soon ber from March _to December, if the theory is correct that the became realities and actually palsied theeffortsof those charged choosing of a Senator is not completed till the oath of office is with setting in motion the machinery of the new Government administered. for nearly two months. The correct doctrine with reference to the representation of When the 4th day of March, 1789, arrived, the day fixed for the States here is that it is a privilege and right given to each, commencing the operations of government under the new Con­ and if there is any protracted lapse in such rep1·esentation while stitution, but eleven States had r atifi ed that instrument, and it the Senate is in session it is owing to the failure of the proper was found that only ten had participated in the election which authority to act, or to some faulty legisla tion here. had made George W ashine-ton President. The great State of The deliberate omission of a L 3gislature to elect at the proper New York, whose principal city wus to be the temporary capi­ time is a voluntary relinquishment on the part of the Sta te of tal, had not even chosen her Senators. No one was then bold its privilege for the time baing, and during the century of our enough to assume that the governor might avoid the delay history such omissions have been r are, and no serious inconveni­ caused in part by the absence of elected Senators by exercising enca or disastrous result has followed in any case. the appointing power. Only eight Senators, represEl'nting in The Senator from Massachusetts [Mr. HOAR] lays stress upon whole or in part five Skttes, were present, and an adjournment an amendment offered by Mr. Madison in the convention of 1787 was necessary from day to day and from time to time till the to the clause or passage relating to vacancies. It seems he appearance of an actual quorum. - wished to add after ''vacancies" the words ''happenin? by refusals After waiting one and two weeks for the absentees to assem­ to accept, resignations, or otherwise," and that he deemed these ble, two circulars were successively issued urging their attend­ words import3.D.t so as to prevent doubts whether resignations ance, and they gradually came in one by orie, till on the Cth of could be made by Senators.- . The Senator suggests that Mr. April the arrival of a Senator from Virginia made a bare quo­ Madison's doubt was b3.Sed upon a practice that prevailed in rum of 12 from eight different States. The electoral vote was England of denying to a member of Parliament the rig ht to then counted. Six more Senators had presented themselves by resign. But certainly,if this was his sole purpose, Mr. Madison the 21st of April, when the Vice-President was formally con­ must have offered this amendment out of abundant caution, and ducted to the chair and assumed his office. The President was for some reason it was only engrafted in part upon the p 3.ssa.ge not inaugurated till the 28th day of April, and the full comple-. relating to vaca,ncies when the instrument was put in its final ment of Senators was not completed till the Senators from New shape, before adoption as a whole, under the supervision of a York presented themsel-ves on the 25th and 27th of July, and on committee of which he himself was a member. the 28th they drew lots for their classes, and the entire legisla­ The acceptance of a pa-rt of the amendment dii not change the tive machinery of the new plan or government was only then right of a Senator as to resignation, but its true effect was cer­ fully completed and in workrng order. tainly to limit the vacancies to a class, and excludes the ides. that Why is the Constitution silent upon the questions of vacancies all vacancies; those occurring by the natural ending of terms ac­ until after making arrangements for completing the machinery cording to the provisions of the Constitution as well as those by the division of the Senators into classes? Why was the power happening by some event which could not be foreseen, could of filling them not given in the first instance? The answer must be tilled by the executive of a State by temporary appoint­ be that the provision for filling vacancies was only intended to ment. Even if the Madison amendment h ad been incorporated include fractional and broken terms, and that no such terms could into the Constitution in full, it would not have settled the mean­ exist when the Senate first met. If vacant full terms, or original ing of the c~ause relating to removals decisively in favor of the vacancies as they are sometimes ca.lled, were to be provided for, views of the majority of the committee; for in the case of a Sen­ the provision for filling them at the first organization of the ator-elect refusing to accept, which is the case omitted by the Senate would have been as important as in subsequent sessions, committee on stylE'! and arrangement, the Legislature has acted and I think I have shown that it would have been vastly more and commenced the term, and in that respect it is like the case important. -The Senator f1·om Indiana [Mr. TURPIE] recognizes of a resignation. that the vaca,ncies to be filled were such as might occur only after If the part of the Madison amendment relating to resigna­ the first organization of the Senate had been completed and the tions had never been adopted, the right of a Senator to resign division in to classes had been perfected; but his argument avoids would still have been clear. Prohibitory words would have been the conclusions I have drawn from the absence of any power to neces3ary to deny to him such a privilege. The right of aPres­ fill vacancies at the outset by suggesting that the vacancies meant iden t to resign is referred to only incidentally ; it was not deemed vacancies in the classes and not in tlie terms of Senators. necessary to confer it by affirmative words, and there are many This would seem to make it of greater importance to keep the reasons why a President should not voluntarily abandon his office classes full, when they are established simply for convenience in which do not apply to a Senator. regulating the number of Senators to be elected every second Senators have referred to the custom in England which denied year, than to preserve to each State, as far as practicable, its full to a member of Parliament the privilege of resigning, but constitutional representation. they have overlooked the fact that this practice was not followed The foundation stone upon which the majority of tl!e com­ in the American Congress which existed under the Articles of mittee rest their conclusions is a requirement which they cla1m Confederation prior to the adoption of the Constitution. to have found in the Constitution that the Senate must be al­ In that body, on the 14th day of July, 1786, a report was offered ways full. To accomplish this result of keeping up constantly by a committee containing, among other resolutions, th~follow­ and without interruption the full complement of Senators, they ing: wrest words from their usual and plain meaning and attach new That a. Delegate, having tal~en his seat in Congress, has no right to with· or unusual signification to them. "Happen " is thus made to draw himself wlthout permission obtained either from Congress or the State mean" occur" and "exist;'' instead of relating to some event he represents. which could not be foreseen or predicted, it is made to relate to The yeas and nays were called. Each State had one vote and something in the future that is fixed, settled, and determined by all questions of this character were determined by the votes of constitutional enactment. a majority of the States. But five of the thirteen States voted If this doctrine of a Senate to be kept always full can be found aye, and the resolution was defeated. then the canons of construction m ':1y be invoked to give such in­ In this connection it may be pertinent to suggest that if a rea­ terpretation to the language of the Constitution as will carry sonable doubt existed as to the right of a member of either House out its plain and manifest intent, but not otherwise. A careful to resign, it was as imporhnt to remove it in the case of a Rep- 1893. CONGRESSIONAL RECORD-SENATE. 425 resentative as a Senator; yet there is no mention in the Consti­ cessor of the Legislature to the constitutional authority to fill tution, even incidentally or indirectly, of the right of a Repre­ Senatorial vacancies after they have failed to elect. It is not sentative to resign. Still, the right has never been questioned wise to extend the power of the executive b 3yond the plain mean­ since the first Congress was organized. The practice established ing of the language used in the Constitution, beyond the inter­ and followed prior to that time was continued under the Consti­ pretation of that language that h as come down to us from the tution, and scarcely a session passes without one or more res­ early days of the Republic. The Constitution ought not to be ignations. changed in this particular, either by any la.tt.er-day interpreta­ If we are to dep:trt from the interpretations of the past and -tion or by any regular amendment. enter u:P.on a new line of practice with reference to States that Those advocating the report of the majority of the committee have failed to elect Senators at the time and in the manner re­ made frequent reference in the early part of this debate to the quired by the Constitution and l a.ws. it is better to admit, as the fact that Senators had been admitted to seats here upon execu­ Senator from New Hampshire [Mr.'CHANDLER] does, that it is tive appointments; some after debate and a vote, others without "a new advance." He claims that "three gains over the old question or division, at the beginning of their terms; and this prohibitory notions" have been made in the course of modern was deemed a sufficient reason for the adoption of the pending progresS', and he is ready for another forward movement. He resolution. At that time I was here representing the State of takes pride i.If having" gone on gradually outgrowing the old, Florida under such an appointment, and my name being thus the n arrow, and the t echnical construction of the Constitution introduced into the debate, I deem it proper to show why the which prevailed in some minds and in some cases." State, which I have the honor in part to represent, was in- this This is a dangerous doctrine, but it places squarely before us situation, and that if she was not at the time represented by a the real meaning of the majority report. The Constitution as Sen·1otor duly chosen by her Legislature, it was because of the it has come down to us from the fathers does not permit a gov­ legislation of former years and the decisions of the Senate there­ ~rnor to appoint a Senator when a Legislature charged with the under. duty of choosing and having had the opportunity to choose has I am not disposed to find fault with the proposition that Flor­ omitted or neglected or failed to do so. This is regarded by the ida should not be represented at t.he beginning of a full term by Senator from New Hampshire as illiberal, so we must change it an appointee of a governor, any more th ~ n Montana. But it-is by interpretation. If the irreverent hand of change is thus to not the State uf Florida that h ;~ s sought or arrc1nged this mode be laid upon this instrument whenever those charged with the of represent·1 tion. It h f. s resulted from the act of 1866 and the duty of enforcing it deem that it does not suit the advanced spirit decisions of this body under its constitutional power to judge of of the age, the end of our form of governmentisnear, its stability the elections of its own members. But if the logic of the New is threatened, its permanency is in peril. Hampshire c:tses leads to the conclusions reached by the major­ But I claim that the power to appoint under such cit·cum­ ity o ~ the committee, before we decide to follow this logic it stances was wisely withheld from the executive, and if we were may be well to take our bearings, and if we find ourselves away making a new Constitution to-day a true conservatism would from the right track, let us see where we left the proper sailing suggest that the authority of a governor should not be incres_sed lines, and so direct our voyage as to return to them. in this direction. If it is once understcod that the prevention In 1866 the Congress, in the exercise of the power given by of an election does not deprive a St

'r I. •' • 426 OONGRESSIONAL BEC.ORD-·SENAIDE. AUGUST lJZ,

presented a similar appointmentfrom the gover.nor authorizing Theiormer case is the one before .us. In this respect it is like himtorepresentthe Statefrom the beginningof theterm,Maroh the Kensey.J ohns case from Delaware, the Phelps case from Ver­ 4:, 1885, or from the date of his appointment, till the Legislature mont, the · williamsca~e from New Hampshire. They all sustain met in June, when .he was again elected for a fractional term. the doctrine that -the power of the governor to ~ppointno longer This, then, became the accepted way for Sta.tes thus situated exists when the Legislature h as met and had an qpportunity to to secure representation. The Senate was the constitutional tri­ act. The decisions upon this point are entirely uniform. Not n. bunl.l to p .1ss upon these elections and these were its judgments. single de-cision has been made in the Sen.1te inconsistent with The members of the Legislature of Florida are elected under this doctrine, which was settled in the Johns case.in 1794. The its present constitution in October in the even-numbered years, Montana case rests upon the same sha.te of i acts as these prece­ and the two houses convene in the April after the election. The dents, and our declBlon should be in h armony with them. statute of 1866 requires an election by the Legislature chosen next While the action of the Senate baa not been consistent in cases preceding the expiration of the term for which a Senator was similar ·to the Lanman case, as the Bell case demonstrates, as to elected. The term of the present junior Senator expired in the right of a governor to make an appointment at the be()'in­ March last, and the State of Florida, respecting the legislation ning of a term, there .has been no inconsistency as to its decisions of the Congress and the practice of the S 3nate in former cases, in cases where-the Legislature charged with the duty of choos­ had not through her Legislature attempted to provide for this ing a Senator has met and finally adjourned without doing so, expiry befol'e it occurred. There was but one way in which her and this is precisely the case befora the Senate. Whatever op­ constitutional right to represenhtion could be secured during portunity there may be to differ as to the first question involved the interval before the meeting of the Legislature under the law in the proposition upon which themajorit;y report rests, ·the sec­ as establisl1ed and settled in the N e.w Hampshire cases, and that ond question must be answered in the negative if we follow the was by an executiv-e appointment. It was proper under these uniform action of the Senat.e up to this -time. circumshnces that her representation should have been kept Mr. President, I have attempted to show that the Constitution full without objection, for she had followed the course determined confers upon the L egislatures (and only upon the Legislatures) of by the constitutional tribunal having jurisdiction of the question St~tc s the power of choosing Senators at the commencement-of to be proper and lawful. But though Florida is compelled to terms, and that the power of a governor to appoint is only in obtain her constitutional representation in part, at times, in the cases of broken t erms caused bv.some unforeseen event after a manner fixed and established as regular by the decisions of this Legislature has acted; that theuexecu.tive of a State under no body, which alone has jurisdiction to pass final judgment upon circumstances has power to make an appointment, even in cases what constitutes a valid right toaseat here, a Senator from that of broken terms, where a Legislature h as once entered upon its State is under -the same obligation as his colleagues to endeavor constitutional duty of attempting to choose; that these views are to change and ab3Jldon a practice he believes to be unauthorized, supported by the plain meaning of the Constitution and by the although it is his duty to accept it and respect it as long as it is action of the Senate when questions arose involving the power sustained and continued by the Senate. Whenever the Senate of the Legislature and the governor in such cases up to the pas­ is convinced that the course ·heretofore pursued is wrong, it is sage of the act approved July 25, 1866, and included in theRe­ our duty to change the law at such a time-and in such a way that vised Statutes, Title II, chapter 1, page 3; that this act of 1866 no State will lose any part of its representation. encroJ.ched upon the constitutional right of some of the St~tes But the law of 1866 ·produces other results that are incongru­ to elect their Senators. for six years, and h as resulted in a de­ ous and undesirable. Some States elect their legislators for parture irom the practice of our predecessors, in the early days terms of four years, and although the bodies thus formed may of the Republic, of admitting only Senators elected by State hold several sessions during the ·years of their existence, they Legislatures at the beginning of a tm·m; that instead of treating must, upon the second Tuesday after they convene and organize, .the::e cases as propar precedents, and following their logic by enter upon the election of the successors to the Senators whose taking another step in the direction of changing the Constitution terms expire before another Legislature is elected. In such a by interpretation, we should retrace om· steps and amend the case a Senator m 1.y be chosen more than three, and perhaps objectionn.ble section of the law of 1866, so as to give e ach State nearly four years before his term begins. The late Senator an opportunity to elect its Senators before the beginning- of their Gibson of Louisiana served an entire term in the House of Rep­ terms; that the recognition of a power in the governor to appoint resentatives during the Forty-seventh Congress after he had a Ben:Ltor, after the omission of a Legislature to do eo when it ·been chosen a member of this body. has had the opportunity, is not only unwarranted, but such a In Mississippi, the present L 9gislature was ·electedin Novem­ power is undesirable, and would encourage a spirit of disorgani­ ber, 1891. .It met and was organized in January, 1892, and on the zation in Sen 9.torial contests to prevent an election whenever it second Tu-esday thereafter entered upon the choics of ·its Sena­ was deemed desirable to transfer the power of m :1king the Sena­ tors-one to fill a term beginning Murch 4, 1893, the other begin­ tor to the executive authority. ning March 4, 1 95, and ending March 3, 1901. Cert~nly it Belie;ving, as I do, that th e~e-views n.re founded upon the Con­ iWOuld be wise to avoid -such results, and the law should be Jtitutlon, and the inter.pret · tion of it that was -accepted when its so amended that Senators should,be alway-s chosen before the makers were still upon the stage of action; believing that the ·b~ginning . of a term, and as near a.s •p ossible to the time when the makers,of that honored instrument acted with wisdom and dis­ former term expires. A la.w requiring an election to be held cretion•in limiting the power of the executive of a State in ap­ after the term b 3ginsabridges the right of a State to choose its p o inti~g Senators to the filling of bruken t erm£ tempoTarily Senators for six years. until the next meeting of the Legislature, I can not accept the It may be urged that a State should.alter·its constitution when report of the majority of the·committee nor favor the adoption the time fixed for the 1meeting .of its L egislature ·causes these of their resoluhl.on. And instead of joining the Senator from results, but that is no ·answer to -the objections 'to the present New Hamp-ahira [Mr. CHANDLER] in "this new advance," I law. States fix the time for-electing and convening t heir Leg­ favor an.aba:ndonment of "the three l'ains over the old prohib­ islatures to-suit their convenienoe,and interssts; their action is itory notions," which he claims that he and his as:wciates have not subject to·the supervision of the Congr.:ss. It ·s very nat­ made, and a return to the practice as it prevailed when the Sen­ ural that these considerations should differ in different States, ate fi.rst diverged from the right path to Jnake these so-called and thei'e is no reason why any uniformity should ·be -attempted; gains. it is our duty in legislating upon this subject to consider the Mr. nUBUIS. Mr. President, the question before the Senate convenience of the St!l.tes. We have.no power to change their as t::> whether the governor of a State has a right to appoint a .constitutions, and we should conform to them and shape our Senator when the Legislature fails toelen-t to provide foraknown laws so as to secure to each the opportunity to be always rep­ vacancy gives a splendid opportunity for those who love to deal ·resented by·afull representation-of elected Senators. in legal abstractions and fine technicalities. For myself, I have But whether the law o11866 is continued or not, and whether no taste for either, and I do not intend now·to further confuse .the precedent established by the Bell case is ·to ,b e again fol­ this question by further refinements of constitutional l aw. I rise lowed or not, it must still be-remembered that the report of the simply to emphasize an answer whlch has beonmade to those who majority of the committee rests upon two propositions, and if s1y that if the Senate at this time seats these gentlemen who either of them fail their conclusions fall. Not only •must the h ave been appointed by the governors it will pave the wa.v for Bell case be sust:llned, but the Johns case must also be reversed. fraud and-corruption in the future and o~er a premium to thos:e The broJ.d line of demarcation between the point involved, in the who desit·e to betray their constituents. Montan q, case, as to the power of n. governor.to appointwhenthe It is said thn.t a gentleman who goes into the Legislature with L egislature·ha.s .had the opportunity to chooseaSenator and •has a small following and has the governor as his personal friend, will .failed to choose, and the point involved in the Bell-case, where ,preven.t the election of a Senator, knowing that the governor :llG' such opportunity had been afforded to the Legislature, ha-s will appoint him if the Legislature fails to elect. Senators have hitherto been carefully observed tby the Senate, and the .Senator emphasi:aed that point several ttmes. My object in rising now from Massachusetts clearly recognized this distinction when he is to say that.plainly the effect of the action of the Senate in re­ J>?-rticipated in the disoussion of the Bell case, as .he has himself fusing t.o seat these gentlemen who have been appointed will be recently reminded us. offering a premium to corruption.· It has often happened in other . /

. \ 1893. ,. CONGRESSIONAL RECORD-SENATE. 427 ' States, and it was the ease in the State of Montana now nnder kindly given me th-e following letter, reciting the histOi"y ·of the- discussion, that at the time for the election of a Senator there matter at that time and what took place, which I .ask the Secre­ w-ere three parties, neither of whom had a majority in the Leg­ tary to read, if there is no objection. islatu~e. Th~re were the Demoprats, the Republicans, and the The PRESIDING OFFICER (Me. FAULKNER ln the chair). Populists, neither of whom alone and'"Unaided could elect a Sen­ The Secretary will read as requested. ator. The Secretary read as follows: The members of the Legislature were elected on separate PORTLAND, OirEGON, July 12, 1893. plain and distinct platforms,.pledging them to car-ry out certain MY DEAR SENATOR: In r~ply to your favor of the lOth instant requesting principles. As honorable men there was but one course for them the copy of a letter written by Secretary Lewis Cass to Hon. Delazon Smith and of which I spo'ke to you, I can only say that after diligent search I have been to pursue, that was to vot-e for a gentleman for the high ~;.b~::uoft~ain the letter referred to. But I will give you its purport as I office of United States Senator who represented th-e principles which they were pledged and elected to carry out. In the ca.se Mr. Smith was elected to the United States Senate in 1858 by the Leglsla­ tur~ of the new State of Oregon, prior to the admission of the State to the of Montana, and in similar eases which will arise, there is no Umon, and took his seat in that body wlliln the State was admitted in the way by which a United States Senator can be elected unless midst oft"?-~ second sessiol! of the Thirty-fifth Congress. He drew a short some of the members of the Legislature abandon their 'principles; ~erm, exprrrng March 4, 1859. Shortly afterwards iu the same year th-e Leg­ ISlature of Oregon was c;:onven~d for the purpo~e of setting the wheels of the they must be corrupted -either by money or by offioe or through new St~te government m motiOn and of electmg a United States Senator; some other means. It is their duty t<> sit there and vote their the L~glSlature, ~fter havmg made an effort to elect, adjourned without principles; and if they can not elect a United States Senator, etiectmg an electiOn. .Mr. Smith then wrote to Secretary of State Lewis -Gas", asking to be ad­ then they must return to their people and the governor can fill Vl~ed whether, under t"?-e circumstances, the executive of the State couldap­ t~e posi~ion temporarily until, at the next election, the people pomt a Senator. Havmg been consulted 1n the mat.ter, I recoll-ect the an­ Will agam be called upon to decide. swer of the Secretary very welL It was in etieet that tihe prime duty and pmyer of choosing Senat ors to represent each State in the Senate of the None of the members of the Legislature have amoral right to Umted St.a tes was devolved by the Constitution upon theStateLegislatui·e· abandon their ceandidate, and when they do so they abandon that the executive of a State could not initiate a term in the Senate of the their principles. When you say t<> these gentlemen they can United States ; that his power to appoint was secondary only and did not attach until there occurred a vacancy in the ofllce, after the term had been not get a seat because the Legislatur-e- should have elected some occmpied by a Senator regularly elected. He said this was the settled rule of one, you sa_y to future Legislatures that they must in some way the Selli'l.te established on full consideration. • elect a Senator, even if .they have to sell out their party and He advised against the appointment of a Senator by the 'Cx:ecuti>e of the State at that time; and no appointment was made. The State or Oregon principles. ':('hat answer occurs to me, and I think it is a sufficient was represented by one Senator only in the Senate of the United States one as to the dangers from a moral standpoint, arising· from from March 4. 1859. to March 4, 1861, in obedience to this rule. seating the Senator from Montana at this time. If you ref~e After careful ex~minati~n of the subject at that time, I was satisfied of the correctness of this doctrme; and, of course, I fully concur in the position to seat h~ the same Legislature which co:uld not relect will be taken by you on this question at the last session or C.ongress , a.nd congratu­ called together again, with instructions that they must elect or late you on your lucid and forceful demonstration of it in the debates. their State will be but partially represented in the United States Very truly yours, L. F. GROVER. Senate. Some of the meljlbers must betray their constituents Hon. .J. H. MITCHELL, Un ited states Senatm·, and principl-es in order to elect~ and thus the door for corrup­ Washington, ]). 0. tion is widely opened. Mr. MITCHELL of Oregon. Mr. President, I do not intend . Mr. MITC.HELLofOl:egon. ~he thengovernorofOregon, act­ to detain the Senate at any length in regard to the pending mg upon this ~very sens1ble adv1ce of Secretary Cass, declined to question, but I rise simply for the purpose of statinO' a fact or m ·: ke a temporary appointment, and from March 4, 1859 until two and introducing in evidence a couple of letters be~ring upon 1ar?h 4,_ 11:>61, Ore~~n was represented by but one se'nator. this matter. Havmg given the oprn1on of. the leading Democrat and Secretary In 1858 the Legislature of the State of Oregon elected two of Shte of that day, approved by another leading Democrat and Senators from th::tt State. This was prior to the admission of able lawyer of my own Shte, the writer of the letter just read the State into the Union. The State was not admitted until the as to thei~' views of the Co_nstitution on this import:mt question: 14th day of February, 1859. On the admission of the State the I now des1re to call attentwn to another case happening in my two Senatoes previously elected by the Legislature of the embryo own State. State presented their credentials to the Senate of the United In 1885, March 4, the term of Senator Slater, then a Senator States and both were admitted. from the Shte of Oregon, expir~d. Under the law it was the Lots were drawn, and under the classification as it then ·stood duty of the Legislature of the State of Oregon which met in Jan­ one or the other necessarily had to retire on the 4th of March, uar:y, 1885, to el-ect a successor. That Legislature met, balloted 1859. Delazon Smith, one of the Senators elected, dJ.•ew the durmg the wh-ole forty days of the session in a futile attempt to short time. Consequently hi.s term of service ended on the 4th elect a Senator, and then adjourned prior to the 4th of 1\iarch. day of March, 1S59, he h aving served only a few -days, perhaps 18S5,, without m:1kin.g· ~n election. There was a vacancy again; two weeks. Then there was a vacancy in the Senate of the precisely on all fours with that now before the Senate it beinO' United StateB from the State- of Oregon occasioned by the expi­ ~he case of the exp_irati~n of a term, and the meeting of the Leg­ ration of a term. The Legislature of the State subsequently lsbturo whose busmessJ.t was to elect, and a failure on the part met, and although it was the constitutional duty of such Legis­ o~ that Legislature to elect . Again, for the second time in its lature to choose a Senator it adjourned without making choice, h1story, the St_::Lte _of Oregon was confronted with the question and the questiOI\ presented to the g·overnbr of the State was, as to ~he const1tut1?na~ p ower of the governor to appoint tem­ whether he had theoonstitntional power to temporarily appoint a porarily at the begmnmg of a term, and where the LeO'islature Senator to-Jill that term, the precise question now presented in had b ad opp~rtunity to elect and failed. The Legisl:ture was the Montana case now before the Senate. · then Republwan. The g·overnor of the State was a Republican. Mr. GRAY. May I ask the Senator a.question? He was at a loss to know what his duties in the premises were. Mr. MITCHELL of Oregon. Certainlj. Although one of our most prominent a.nd leading citizens and Mr. GRAY. When did the Legislature which ,elected both of an excellent business man, he is not a lawyer. TheTefore he these Senators adjom·n? took advice from a number of lawyers in our Shte. Mr. MITCHELL of Oregon. It hacl adjourned prio-r .to th-e ~r: G~A Y. Let me. ask the S~nator before he speaks -of the deCislOn m that case, d1d the Legislature which failed to elect 4th of March, pri01~ to the expiration <>f th-e term, so that the case was free from any question as to whether a .recess of fue adj8m·n before the 4th of March, 1885? Legislature had occurr-ed. Mr. MITCHELL of Oregon. It did. It adjourned before the 4th of March. 1885. Among other le·'l.ding lawyers, not only in The question was a new one, of course, to the people of Or~won at tha~ time, to the ·governor of the Sta-~e, and the leading reP-re­ the State of Oregon but outside of the State, the governor ad­ senbtlve men of the State. At thnrt time Mr. Lewis Cass was dressed a letter .to Hon. George F. Edmunds, of the State of Secretary of State. The Legislature of the State-of Oregon -and Vermont, then a Senator frDm the State of Vermont in the Sen­ by the g ove~nor of t~e State were in accord with the party in power ate of the United States. S en 1.tor Edmunds responded, and, the courtesy of Governor Moody, I h ave his letter here v.-hich I at that t1me , and It w:.as determined th ~-....t the opinion of Mr. Cass should be taken upon the question as to the constitutional power ask may be read, giving his opinion as to the constitutional of t he governor to appoint to fill that vacancy. He was addressed po>ver of Governor Moody to appoint a Senator under the cir­ the subject by the ex-Senator, Delazon omith, and he gave in cumstances j u.st stated. oz: The Secretary read a.s follows: h1s response his ~pinion against the constitutional ;power of the go:-ernor to appornt. I regret I have been unable to get a eopy BURLINGTON, VT., Sept. 1, 1885. of "Lhe letter of Gen. Cass, but I havealetterfromex-Senat"Orand n~R Sm: ·Ihaye yours of the 21st ultimo. The Constitution, as you know, proVIdils ~especti?g Senators- that "H vaeaneies happen by resignation ex-Governor Grover; of the State of Oregon, who participated in 0! otherwise durmg the recess of trre Legislature of any State, the execu­ that matter .at the tJ.D?-e, and who was fully conversant with the tive the~eof may ID!J>ke temporary appointments until the next meeting of the Legislature, which shall then fill such vacancy." whole quest10n then d1scussed, and had seen and remembered dis­ It has been -held by "the Senate, and may now be considet·ed as the settled tinctly the contents of Sec:ce~y Cass's letter. He .has very law o:f that body, that if a State Legislature has once acted or had an appor-

'I •

-· , ,. 428 CONGRESSIONAL . RECORD-SEN ATE. AUGUST 17, , tunity to act while a vacancy exists, the governor has no power to supply the failure of the Legislature to fill it up. nity to elect, but had absolutely endeavored to elect, running Applying this rule to the case of Oregon, a vacancy existed on and a.{ter · through a period of three or four weeks. There is the difference. 4th March, 1885, and your Legislature, as I understand it, continued to s1t a Now, I fr.:tnkly confess that, with the view I take of the Con­ long ti_me after that date and had the legal opportunity to fill the vacancy, so that the vacancy did not happen durillg a recess of the Legislature, and stitution, it does not make any difference. Evidently it did make it only now exists because the Legislature failed in its duty of keeping its a difference wi~h Senator Edmunds; evidently it does make a Senatorial representation full. If we construe this clause of the Constitu­ difference with a great many Senators; evidently it made differ­ tion as some Democratic Presidents have the corresponding clause re­ specting the President filling vac::mcies in oftlres, so as to make it mean that ence enough, when the Bell c..tse and the Blair case was here, to ll vacancies happen to exist <1 uring any recess the governor may fill them, it cause a majority of the Senate to vote against the majority of would be an indefinite power to be exerted just so long as the Legislature the Committee on Privileges and Elections, and both of those tailed, which is not according either to the language or spirit of the Consti­ tution. But, however we may reason about it, the Senate will be obliged gentlemen were seated. Se ::~. ted why? Evidently because the to reverse its repeated decisions on the subject in order to admit a Senator Senate were of the opinion that, inasmuch as the Legislature of appointed by a governor under such circumstances. Trusting that in some the State of New Hampshire had no opportunity to elect, there­ way a Republican Senator from Oregon may be preserved to us at a time when the only security for safe and conservative government lies with the fore it was no more than right-without going into the consti­ Senate, I am, tutional question very deeply-that the governor should h ave Very truly, yours, the power to fill that vacancy until such time as the Legislature GEO. F. EDMUNDS. of New Hampshire met and could fill the vacancy. !lis Excellency Z. F. MOODY, Salem, Oregon. But I shall not consume the time of the Senate further. As I said, I think this question should be brought to a close at as early Mr. CHANDLER. I should like t-o ask the Senator-- a day as possible. If the gentlemen whose cases are in question The PRESIDING OFFICER. Does the Senator from Oregon are to be seated, they should be seated without any unnecessary yield to the Senator from New Hampshire? delay; and if they are not to be seated, they ought to know it. I Mr. MITCHELL of Oregon. Certainly. g a,ve my views on this subject fully at the extra session of the Mr. CHANDLER. I should.lili:e to ask the Senator from Ore­ Senate in April last, and therefore I shall not now detain the gon whether prior to this date in 1885, to wit, in 1879, Mr. Bell Senate further than to say, in my judgment a vote to seat the had not been admitted to a seat in the Senate under an appoint­ contestants in these three cases is a vote to overturn the prece­ ment from the governor of New Hampshire, and whether at that dents of the Senate, and in plain contravention of the provisions verv time, in 1885, Senator Blair was not admitted to a seat in of the Constitutjon relating to the choosing of Senators. the~ Senate under an appointment from the governor of New Mr. CALL. Mr. President, it is not my intention to occupy ·' Hampshire, for both of which admissions Senator Edmunds any considerable t.ime in the discussion of the question before > voted? the Senate as to the right of Senators to admission here upon Mr. MITCHELL of Oregon. I believe the statement of the the appointment of the governor of a State at the commence­ Senator from New Hampshire is entirely correct; but, Mr. Pres­ ment of a term, or where the Legislature has failed to exercise ... ident-- its power. It seems to me that all reasonable construction of Mr. CHANDLER. Now, then-- the language of the Constitution, an of the theory and scheme Mr. MITCHELL of Oregon. I do not yield now. Pardon me. of government established by the Constitution, concur in one di­ But the vote given then by Senator Edmunds was in strict ac­ r ection, and leave but little doubt upon this subject. The lan­ cordance and entireiy consistent with the views given in the guage of the Constitution is: letter, where he places the right to appoint upon the ground that The Senate of the United States shall be com nosed of two Senators from the Legislature whose business it was to elect had had no oppor­ each State, chosen by the Legislature thereof. - tunity to elect. In a subsequent clause it says: Mr. CHANDLER. I am aware that that was the very ques­ If vacancies happen- tion, whether the Legislature of New H ampshire had had an Vacancies in what? In the office of Senator appointed by the opportunity to electand had failed to do it, as theLegislature of executive or in the office of Senator chosen by the Legislature Oregon had had an opportunity to elect and had failed to do it. of a State? There seems to be no doubt that the vacancy must I do not myself comprehend the distinction which is made in the be of that character prescribea in the original clause constitut­ two cases by the Senator from Oregon and the Senator from ing this body, vacancies in the only office known to the Con­ Florida. stitution, the office of a Senator chosen by the Legislature of a Mr. MITCHELL of Oregon. The distinction is-- State. · Mr. CHANDLER. I have never been able myself to see why In this view it is not material how you may define the term the case of New Hampshire was any stronger for the allowance "happen," but unquestionably the whole theory and scheme of of the gubernatorial power of appointment than the case of the this Government is a representative one, that this body shall Shtes whose Sena.tors are now seeking admission to this floor. represent the Legislatures, that it shall be chosen by a represent­ Mr. MITCHELL of Oregon. I will state the difference. I ative body, the Leg-islatures, who are them.selves chosen by the decline to yield for a speech. I have not finished my speech .. peo-ple of the respective States. Mr. CHANDLER. I thought the Senator yielded. This interpretation is sustained further by the theory of the Mr. MITCHELL of Oregon. I yielded for a question. I did Government. It is a Government of the people, in which the not yield for a speech. voice of the people ought to be potential in all its departments; Mr. CHANDLER. I did not ask the Senator to yield for a and every interpretation of parts of this Constitution must be question. I asked him to yield to let me m ake a statement, and made in that direction. · 1 supposed he h <:td yielded to me. However, the Senator so sel­ Is it true that this body, constituted by the exercise of an ap­ dom interrupts anyone himself that I do not like to interrupt pointive power by a single individual, would be representative him further. of the people? Is it true that there is less danger to popular Mr. MITCHELL of Oregon. I yield to the Senator to finish government, to the proper representation of the ideas of the peo­ his statement, if he has not finished it. ple, in the exercise of the power to appoint Senators by a single The PRESIDING OFFICER. The Chair recognizes the Sen- individual, than it is by their being chosen by the voice of. men ator from N~w Hampshire. - immediately elected by the people and constituting their law­ Mr. CHANDLER. I was about to sit down when the Senator making power? informed me that he did not yield to me to make a speech. These days, Mr. President, have justified the wisdom of the Mr. MITCHELL of Oregon. The Senator need not get testy . provision of the Constitution limiting the power of appointment about it. I said I did not yield to the Senator to make a speech. to vacancies in the office of a Senator chosen by the Legislature I did yield to him to make a shtement, and I am willing to yield of a State. These are days in which the power of money, o1 yet if he has any more statement to make. · men in high social and business positions influence and direct . Mr. CHANDLER. I will wait until the Senator gets through. the performance of public trusts, when the money power of the Mr. MITCHELL of Oregon. The Senator says he does not see country controls to a great extent those in whom the power oi any difference between the present case, the Montana case, and the people is vested. the cases from New Hampshire, his own State. The Senator is If we permit the introduction into this body in the beginning too bright a man not to be able to see the difference. Whether of a term of a Senator created by a governor, the interprehtion that difference m~kes any odds or not is another question; but of the Constitution which-permits that must permit the exercise the difference is this: In the case of the State of New Hamp­ of a like power in every recess of the Legislature of a State; and, shire, both in the Bell case and the Blair case, the Leg-islature as was said by my colleague [Mr. PASCOJ in his speech to-day, it of the State of New Hampshire, whose business it was to elect a might be, under this construction of the Constitution, that the successor, had not met, had never convened, and therefore had entire term of six years, not only of one, but of two Senators, no opportunity to elect a Senator, while in the case at bar the and not only of two Senators, but of a majority of this body might Legislature 'whose business it was to elect a successor to Senator be constitutionally crt>ated under the influence and power of cor- Sanders from the State of Montana had not only convened in rupt methods. • regular session according to law, had not only had an opportu- Sir, it is within my knowledge that in one State of this Union

- .. 1893. GONGRESSION.AL RECORD-SENATE. 429

the great cor porations of this country, under this supposed in­ Mr. HOAR. f ask that we may have a vote to-morrow before terprehtion of the Constitution that the governor would h ave the Sena.te adjourns, say a.t 5 ·o'clock. . power to appoint a Senator, has been used to pervert the voice Mr. STEWART. Let th'tt be done by unanimous consent. of a Legislature chosen, four-fifths of it, under instructions to The PRESIDING OFFICER. The Senator from Mass:lChu­ obey the will of the people in a p.1rticular direction. For the setts submits a requestforunanimousconsent that thevoteupon purpose of enabling this power to be exercised, the great corpo­ the resolution before the Senate be taken to-morrow evening at rate wealth and power of the country was brought to bear upon 5 o'clock. Is there objection? • the Legislature, with the understanding that the governor of Mr. VANCE. I object to that. the Shte would exercise the power in correspondence with their Mr. HOAR. Will the Senator from North Carolina state a will; and such will be the case in other States. If any other time at which he will consent to the vote being t:tken? interpretation of this Constitution shall prevail than that the Mr. VANCE. I am not prepared to do so until I ascertain vacancy must be in the office of a ·Senator chosen by the Legish­ precisely what number of Senators on this side of the Chamber ture of a State, this evil will have free course, and the way will desire to speak. be opened for the constitution of this body, not as a represent­ Mr. HOAR. I will ask, then, that we may -have an under- ative body of the people of this country, but as the rapresent­ standing that the vote be taken on Monday at 5 o'clock. ative of p.:trticular and special interests. . Mr. VANCE. I believe I shall agree to that. The PRESIDINGOFFIC~H. What is the pleasure of the Sen­ Mr. HOAR. Very well. ate? ["Vote!" "Vote!"] The question recurs on the adoption The PRESIDING OFFICER. The Senator from Massachu- · of the resolution !'eported by the Committee on Privileges and setts submits a request that the vote on the pending resolution · Elections. reported by the Committee on Privileges and Elections be taken Mr. HOAR. I call for the yeas and nays. on Monday evening at 5 o'clock. Is there objection to there­ Mr. VANCE. Do I understand that the Senator from Massa­ quest? The Chair hears none, and it is so ordered. chusetts asks for a vote now? EXECUTIVE SESSION. The PRESIDING OFFICER. That is· the undersh.nding of the Chair. The Senator from Mass3.chusetts demands a vote on Mr. COCKRELL. I understand, in consequence of what has the passage of the resolution reported by the Committee on occurred and announcements m 1.de elsewhere, that the Senate Privileges and Elections, on which he dem:wds the yeas and will be very soon c:tlled upon to adjourn. Prior to that, I move nays. · that the Senate proceed to the consider.:ttion of executive busi­ Mr. VANCE. I hope that will not be done: I wish to say ness. something myself upon the question, and I am not able to do so The motion was agreed to; and the Senate proce9ded to the to-day. There are an urn ber of Senators on this side of the Cham­ consideration of executive business. After five minutes spent ber who were not expecting that the vote would be called for in executive session, the doora were reopened. to-d::ty, and consequently they are not prel?ared to proceed. I PAYMENT OF MILEAGE. hope the Senator from Massachusetts will not insist upon his _Mr. COCKRELL. I havebeenrequeatedbyanumberof Sena­ request. tors to call up the joint resolution (H. Res. ::l) making immedi­ Mr. HOAR. Of course I shall not insist on a present vote ately available the appropriations for mileage of Senators and against such a suggestion from the chs.irm!tn of the committee, 1embers of the House of Representatives, which was objected but it is proper to say that early in the week I tried twice to fix to by the Senator from Kansas (Mr. PEFFER) the other day . . I the time for a vote, so informed the Senate, and stated that I ask that the Senate proceed to the consideration of the· joint hoped we should proceed to vote on Thursday. I thought there resolution, with a simple statement. If any Senator does not de­ was general acquiescence in that purpose, and I have thought sire to draw his mileage now, I am perfectly willing to have a every Senator on both sides o[ tho Chamber understood that proviso inserted by way of amendment which will excuse such there should be a vote, as no one expressed a wish to the con­ Senator from accepting it. trary. So I am not pressing the resolution unduly. Of course, I Mr. ALDRICH. I think the Senator from Missouri the other shali not object to its going over if the honorable Senator does day sufficiently explained the great exigency which demands im:­ not desire to speak to-dsy; but I wish we may have an underst9-nd­ mediate action upon the joint resolution. ing when he has concluded his speech, or within some short time Mr. COCKRELL. There is no exigency about it at all. The after, as to taking the vote. joint resolution explains itself. If tb e Sen q, tor from Rhode Island Mr. VANCE. I understood the Senator to say the other day does not want to take his mileage he will be excused from it, and that he did not ask for a binding agreement. I will thank him to offer an amendment to that effect. Mr. HOAR. That is true; I did not. Mr. ALDRICH. I was satisfied with the explanation the Sena­ Mr. VANCE. But that it. should be understood that we tor made the other day. should proceed regularly with the case. The PRESIDING OFFICER. Is thereobjectipn to the request Mr. HOAR. Yes. o'f the Senator from Missouri, that the joint r esolution be taken Mr. MITCHELL of Oregon. We can not hear the interesting up for consideration? dialogue which is going on between the two Senators. Mr. PEFFER. It is not my purpose to interpose any further Mr. VANCE. What I have to say on the question I shall objection to the immediate consideratiqn of the jointresolution; submit to-morrow, and it will be very brief. I should not ask but I wish to state, in withdrawing my objection, that I do so at the indulgence if I had known the vote was to be had to-day. the earnest request of a number of gentlemen who have spoken Other Senators who wish to speak, I suppose, will understand to me about it in this and the other Chamber; and the only rea­ that they must be prepared to speak to-morrow. son why, in the beginning !objected was that it seemed to me as The PRESIDING OFFICER. The Chair understands that though we were acting with undue haste in the premises. When the demand for the yeas and nays on the resolution reported by · we are called together in view of a depressed condition of things the Committee on Privileges and Elections is withdrawn. in the country and a general clamor for more money and for re­ Mr. CHANDLER. I did not understand the Senator from lief, it seemed to me to be a hasty proceeding, to say the least, Massachusetts to withdraw the call. I renew the demand, if it that the first jointresolution we should be called upon to pass is is withdrawn, but of course there is no objection to the resolu­ tion going over until to-morrow at the request of the Senator one to provide ourselves withmoneythatisnowin theTreasury. from North Carolina. The difficulty is that many Senators on There being no objection, the Sena.te, as in Committee of the this side of the Chamber could not unders·tand what arrangement Whole, proceeded to consider the joint resolution. the Senator from Massachusetts and the Senator- from North Mr. VEST. Let the joint resolution be read at length. Carolina were reaching. The joint resolution was read, as follows: Resolved by the Senate and House of Representatives, etc., That the appropria­ Mr. HOAR. I did not propose to object to the case going tions for mileage or Senators, Members of the House of Representatives, and over until to-morrow, but I crave leave to say thah by the uni­ Delegates from the Territories made in the legislative, executive and judi­ versal assent of all Senators, the business of this special session cial appropriation act for the fiscal year 1894, approved March 3, 1893, be, and the same are hereby, made immediately available and authorized to be paid of the Senate is of a gravity and importance affecting all sections to Senators, Members of the House of Representatives, and Delegates from of the country, affecting every State in the Union, which has the Territories for attendance on the first session of the Fifty-third Con­ scarcely a precedent, and it seems to me that justice to these gress. States requires the prompt determination of theirpresent right Passed the House of Representatives, August 14, 1893. to a representation here, and that I ought to press upon the The joint resolution was reported to the Senate without amend­ Senate the settling of this question before any other business of ment. importance is transacted. That I propose to do. Mr. VEST. I do not propose to make anything 1ike factious Mr. STEWART. Perhaps the Senator from Massachusetts opposition to this measure. I do not like it and I shall vote could arrange a time, by common consent, for the taking of the against it. We know what the law says in regard to the pay­ vote, so that Senators may know when the vote is coming off ment of mileage. We are entitled to it at the regular session and be here. Ample time should be given. and not now.' We are voting ourselves special favors in a finan-

...... ,I 430 CONGRESSIONAL RECORD-SENATE&' AuGUST 17,.

cial way under circumstances that are not at alf pleasant, to say ple in any other res-pect. If we now vote ourse].ves this mileage, the least. I think it is bad. policy on our part; it is acting in bad in advance of the time when it is due to us, we change that con­ faith. The amount involved is inconsiderable, but the measure tract or use tbe power the people h ave given us to take mone.v is yery objectionable, and I want the privilege of recording my out of the public Treasury before tlie time when it ought to be vote against it. taken out under the established law for our own benefit. I need Mr. HARRIS. I wish to inquire of the Senator from Mis- this money as much as any man living. I think I can safely say. souri, for I was not a v~ry careful listener to the joint resolution, My friend from Kentucky [Mr. LINDSAY] asks me what h as whether he understands the measure to provide for the payment been the practice. I do not know that there has been any prece­ of mileage to the extraordinary session and also to the regular dent established on the question. I recollect that I attended a session. · called session the first time I ever appeared in the Senate Cham- Mr. VEST. Oh, no. I shted distinctly that we were antici- ber. It was the session called by President Hayes in the sprin~· pating our mileage; that is to say, we are changing the opera- of 1879. Wedidnotvoteourselves any mileage then in advance. tion of the law that gives us the mileage on the first Monday of I recollect distinctly, and the books of the financial clerk in the December , and taking it now. That is what I was speaking of. Secretary's office will show it, that we got no mileage until we Mr. HARRIS. Then I have but to~dd, Mr. President, that met in regular session in December. I do not want to be either there is no gentleman occupying a seat on this floor who needs sensational, dramatic, or oratorical; but this country is now in a the funds more than I do; but I am in full sympathy with the financial condition unprecedented, the people are demanding view expressed by the Senator from Missouri, and I think I can bread literally and looking to Congress for r elief, and we are wait. unable to do anything- except to give ourselvesourmileagethree Mr. HOAR. Mr. President, I think the people of the United months in advance of the time fixed by law. ... States understand that a servant, public or private, is entitled Mr. VILAS. Mr. President, I suppose it will be by this time to his pay when he has earned it. The arrangement was for this pretty generally: recognized that this is but an extension in sum to be p::Lid the first Monday of December next, at the be- advance of the regular session beginning in December; that as ginning of the next session, because that was supposed. to be the we have paid our mileage expenses in coming, we are here to time when the law was passed that we should do the traveling perform the duties which we should perform at a regular ses­ for which we were to be compensated as a part of our salary. sion, so far as they may be now discharged; and we are just as Now we have done it at midsummer, and when we have done it well entitled to our mileage as if it were a regular se ion. at' midsummer we are as much entitled to it at midsummer as Mr. VEST. How as to the law? any other servant who has done his work. Mr. VILAS. The law is made by Congress and was intended I do not think that the people of the United States are affected to be applied according to the circumstances, as was well stated by the small gibes on this subject·. The Senators who render by the Senator from Massachusetts. Now, whatis the practical this service of legislation to ·the country, to·their States, and point of this matter to the people? If we anticipate we simply to the American people, do it at an immense pecuniary cost. I have the money three or four months in advance, practically am one of the least conspicuous in my profession of thelawofthe three. We then might impose a burden on the people if the ~ members upon thisfl.oor, buticouldeasilyearn, working-only nine Treasury was obliged to borrow the money at interest in order months in the year, never working evenings, selecting only from to discharge this mileage. If it is shown that the national debt professional employment offered to me that which was agreeable,., will be increased by the payment of this money out of the Treasury without any drudgery, five times the amount of my salar'y. I now instead of in December we should be imposing some burden could h ave earned this summer but for this session three times upon the people. Unless bonds are to be issued whereby there is the amount of my salary as a Senator. interest to be imposed upon the people it makes no difference There is a great compensation and satisfaction in holding this whatever to them. It seems to me that the reason is so plain office of public honor, in the opportunity for large usefulness, in that we ought all to agree upon it without any more discussion. the opportunity to deal with tbe things which are great and per- Mr. ALDRICH. I think the. semiofficial statement-! say manent in their importance, which no money can measure; and semiofficial on account of the relation which the Senator from I am not to be understood as saying that, when any Senator for Wisconsin recently held to the· Administration-that thi8 is to tlie living sahry with which he can pay his board in Washington, be a continuous session of Congress; will be more .unwelcome to acts as a legisb,tor for 65,000,000 of'people, and represents asover- the people of' the United States than the payment of any sum to eignStateoftwoorthreeorfivemillionpeople,heismakingasac- Congress on account of mileage. I am very sorry thataDemo­ ritice. It is not that the compe.ri.sation which comes·for any use- cratic Senator· so near the National Administl'ation as the Sen­ ful service here is abundant, but it is not in the line of money. ator from Wisconsin should have felt obliged at this time· in the I do not believe that any American citizen whose judgment or session to say that we are here to stay permanently. As I have opinion is respectable takes any other- view of it. When the said, that statement will be very unwelcome to the people of the little hundred or two dollars which is a part of. our salary that United States. is assigned under the· form of mileage has been earned, I thin~ I Mr. PASCO. The Senator from Missouri speaks of the con­ am as much entitled to receive it" as any workman on a farm 01~ in , tract and t"he law. I do not think it. is at all well settled by law a mill; and I propose to pursue the same policy in r.egard· to that the mileage is not payable until the next session. The act both. I am strugqling to bring about a condition of things by of 1856 so regulates it, but there is a later act, the act of Decem­ which the work~en in our mills and on our farms can get ber 23, 1857. I will read both. The first says: promptly their wages, and that they may have an opportunity to Mileage for two sessions only, to be pam.iri the following manner, to wit: ·resume the]r earnings. The same principle. applies t·o me that· On the first day of each regular sesslon each Senator, Representative, and l' t th Delegate shall receive his mileage for one session; and at the beginning of app 1es 0 em. , the second regular session of the Congress each Senator, Representative, and Mr. VEST. Mr. President, I did not care to discuss this ques- Delegatll shall receive his mileage for such second session, tion. I simply desired to state whatlny own action upon it' would But that was changed in 1857. Both these sections are in the , be, and not even to call for the yeas and nays. I am utterly in- , Standing< Rules of the Senate, under the head of ''Compensation different as to what can be said in regar·d to my motives in the of Members- of Congress," on the 59th page. The act of 1 57 matter, because I am satisfied with those motives for myself. provides that- That is the important matter to me. · 1 on the first day of the first session of each Congress- At a time of great distress; when the people of the country are Not the regular, but" the first session of each Congress"- looking to us for immediate relief .it possible, and when, from or as soon thereafter as he may be in attendance and apply, each Sena­ circumstances I do not care to discuss, it is almost impossible for tor, Representative, and Delegate shall receive his mileage m>now allowed us to come to a conclusion, I do not think it is in good taste, to bylaw; and on thEt first day of the second, or any subsequent session1 he use no stronger expression, to attend to our own financial c~n- l shall receive his mileage as now allowed. dition when, to say-nothing else, we are un~ble to gi've relief' to T.hat was the act of December 23, 1857. I do not think it is at the people. .&ll plain that this joint resolution is necessary. I suppose, how- All that the Senator from Massachusetts says is. doubtless true ever, it was considered proper to pass it and it is before the Sen­ as to his being able to m ake a much larger-amount by his pro- 'ate. But it seems to me·that the last law, passed in 1857, clearly :fessional pursuits outside of the Senate; and-yet the fact.remains 1carries out the views of the Senator from Mass a~ husetts by sht­ that none of us are here by coercion, and that whenever coercion· ing the true object, which is to p ay mileage as soon as possible is employed it is by the people in relieving us from these respon- after the Senator and Representatives h ave paid it out- of their sibilities. Weassumethem voluntarily and generallyholdon to town pockets. . them. That is unquestionable. When we took this office we Mr . VILAS. I merely wish to add, with reference to what the knew the law or we are not fit to be here. We knew that our distinguished Senator from• Rhode Island [Mr. ALDRICH] has salaries and our mileage were payable at a certain time,.and tQ.l said, thattheobservation·whichimadewithregard tothecontin­ change the time of payment is as much an attack upon the prin-· uance of the present session was-neither uttered as a friend of the oiple of observing the law as it is written,by the lawmaJa:ers as Administration nor as an expression of judgment on my part of if we should now vote ourselves back salaries or should change what ought to be done, but merely to indicate that it is.obvi­ the contract as put in the statute between ourselves and the peo- ous we have a good deal of business before us. I t -· '· 1893. CONGRESSIONAL RECORD-SENATE. 431

Mr. ALDRICH. I feel reassured. DEATH OF REPRESENTATIVE Clll.P~..L~N. Mr. C.L<\.LL. Mr. President, according to my view of this mat­ A message froni the House of Representatives~ by Mr. T. 0. ter the law as it st nds-the spirit of the law, its proper inter­ TOWLES, its Chief Clerk, communic c~.ted to the Senate the intel­ prets.tion-is that the members shall have mileage for coming to lig-ence of the de!:Lth of the Hon.-J. Logan Chipman, late a Rep­ Congress to perform the duties required. What else is it given resentative from the State of Michigan, and transmitted the ac­ for!' If a man is elected to the Senate or the other House of tion of the House thereon. Congress, and charged with the duty of coming here, the law Mr. McMILLAN. I ask that the resolutions of the House of ­ provides him with the means of coming. It is not at one session Representatives be laid before the Senate. or unother. The term "regular" is employed, but the object of The PRESIDING OFFICER. The Chair lays before the Sen­ the law is to bring the servants of the people here to the place ate resolutions of the House of Representatives, which will be of performing their duty, and it is a p1·oper law. The people of read. this country are not disposed to quibble about small matters for The Secretary read the resolutions, as follows: the convenience and necessities of public business; they want AUGUST 17, 1893. to see every Senator here and every member of Congress. They Resolved, That the House has heard with deep regret and profound sor­ are able to pay them a reasonable compensation, and they desire row of the death of the Hon. .T:l!.ogan Chipman, late a Representative from ... . tho State of Michigan. them t9 be in symp

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432 CONGRESSIONAL RECORD-SENATE. .AUGUST 17,

DEPUTY FOURTH AUDITOR. United Sbtes at Mannheim,· Germany; to which office he was Elliott N. Bowman, of Indiana, to be deputy fourth auditor appointed during the last · recess of the Senat3, vice John F. of the Treasury, to succeed Andrew J. Whitaker, resigned. Winter, recalled. Michael J. H endrick, of Union Springs, N.Y., to be co~sul of DEPUTY AUDITOR FOR THE POST-OFFICE DEPARTMENT. the United States at Belleville, Canada, to which office he was Willhm G. Crawford, of Louisiana, to be deputy auditor of appointed during the last recess of the Senate, Yice Samuel H. the Treasury for the Post-Office Department, to succeed John I. Deneen, recalled. - Rankin, resigned. Norfleet Harris, of Greensboro, Ala., to be consul of the United CONSULS. States at Leeds, England, to which office he was appointed dur­ H. Clay Armstrong, of Auburn, Ala., to be consul of the United ing the last recess of the Senat-e, vice Francis H. Wigfall, re­ States at Grenoble, France, to which office he was appointed d~r­ signed. ing the last recess of the Senate. J. Hampton Hoge, of Roanoke, Va., to be consul of the United Newton P. Ashby, of Cedar Rapids, Iowa, to be consul of the Shtes at Amoy, China, to which office he was appointed during United Sbtes at Dublin, Ireland, to which office he was ap­ the last recess of the Sen::tte, vice Edward Bedloe, recalled. i· pointed during the last recess of the ~enate, vice John J. Piatt, J. Courtney Hixson, of Union Springs, Ala,., to becon~ul of the recalled. United States at Ningpo, China, to which office he was appointed Bennington R. Bedle, of Jersey City, N.J., to be consul of during the last recess of the Senate, vice John Fowler, reca-lled. the Uuited States at Sheffield: England1 to which office he was George Horton, of Chicago, Ill., to be consul of the United appointed during the last recess of the Senatel vice Benjamin States at Athens, Greece, to which office he was appointed dur­ Folsom, resigned. ing the last recess of the Senate, vice Irving J. Manatt, recalled. John P. Beecher, of New York City, N.Y., to be consul of Anthony Howells,. of Massillon, Ohio, to be consul of the the United St'ates at CognM, France, to which office he was ap­ United States at Ca-rdiff, Wales, to which office he was appointed pointed during the last recess of the Senate, vice William S. during the last recess of the S~nate, vice Walter E. Howard, - Preston, recalled. recalled. Frank H. Brooks, of Chicago, Ill., to be consul of the United Theodore Huston, of Macomb, Ill., to be consul of the United Shtes at Trieste, Austria, to which office he was appointed dur­ States at Paso del Norte, Mexico, to which office he was ap­ ing the last recess of the Senate, vice James F. Hartigan, re­ pointed during the last recess of the Sena.t3, vice Archibald J. called. s ~mpson, reealled. Francois X. Belleau, of Lewiston, Me., t.o be consul of the Puhski F. Hyatt, of Lewisburg, Pa., to be consul of the United United States at Three Rivers, Canada, to which office he was Stltes at Santiago de Cuba, to which office he was appointed appointed during the last recess of the Senate, vice Henry M. during the last recess of the Senate, vice Albert S. Twitchell, Moore, recalled. recalled. George W. Bell, of South Bend, Wash., to be consul of the Frank E. Hyde, of Hartford, Conn., to be consul of the United United States at Sydney, New South Wales, to which office he States at Lyons, France, to which office he was appointed during was appointed during the last recess of the Senate, vice Wil­ the last recess of the Senate, vice Edmund B. Fairfield, re­ liam Kapus, recalled. called. Charles H. Benedict, of St. Paul, Minn., to be consul of the William H. Jacks, of Logansport, Ind., to be consul of the United States a.t Cape Town, Africa, to which office he was ap­ United St::ttes at London, Ontario, to which office he was ap­ pointed during the last recess of the .Senate, vice George F. pointed during the last recessofthe Senate, vice Hiram Z. Leon­ Hollis, resigned. ard, recalled. W. S. Campbell, of New York City, N.Y., to be consul of the Grenville James, of New York, to be consul of the nited United States at Newcastle, England, to which office he was ap­ Shtes at Woodstock, New Brunswick, to which office he was ap­ pointed during the last recess of the Senate, vice Horace W. pointed during the last recess of the Senate, vice Walter T. Metcalf, recalled. Townshend, r ecalled. Jacob T. Child, of Richmond, Mo., to be consul of the United Alfred C ..Tohnson, of Philadelphia, Pa., to be consul of the States at Hankow, China, to which office he was appointed dur­ Unit-ed Stat-es at Stuttgart, Germany, to which office he was ap­ ing the last recess of the Senate, vice Henry W. Andrews, re­ pointed during the last recess of the Senate, vice Ferdinand C. called. Gottschalk, recalled. John W. Coppinger, of Alton, Ill., to be consul of the United Harvey Johnson, of Atlanta, Ga., to be consul of the United States at Toronto, Canada, to which office he was appointed dur­ Shtes at Antwerp, Belgium, to which office he was appointed ing the last recess of the Senate, vice Charles R: Pope, recalled. during the last recess of the Senate, vice George F. Lincoln, re­ Edward P. Crane, of Pitt.sburg,Pa., to be consul of the United called. States at Hanover, Germany, to which office he "'"as appointed R -:1lph Johnson, of Buffalo, N.Y., to be consul of the United during the last recess of the Senate. · Sta.tes at Fort Erie, Ontario, to which office he was appointed Louis S. Delaplaine, jr., of Wheeling, W.Va., to be consul of during the last recess of the Senate, vice Ossian Bedell, recalled. the United States at Demerara, Guiana, to which office he was ap­ Thomas C. Jones, of Frankfort, Ky., to be consul of the United pointed during the last recess of the Senate, vice Philip Carroll, States at Funchal, M::;.deira, to which office he was appointed rec3.lled. during the last recess of the Senate, vice John F. Hea-ley, re­ James A. Demorest, of Plainfield, N. J., to be consul of the called. ·. United States at Brookville, C~ada, to which office he was ap­ William F. Kemmler, of Columbus, Ohio, to be consul of the pointed during the last recess of the Senate, vice James F. Ellis, United States at Borgen, Switzerland, to which office he was ap­ recalled. pointed during the la-st recess of the Senate, vice Charles A. Edward Downes, of New Haven, Conn., to be consul of the Vortriede, recalled. . United States at Amsterdam, Netherlands, to which office he Frederick W. Kickbusch, of Wausau, Wis., to be consul of thfl was appointed during the last recess of the Senate, vice Theo­ United States at Stettin, Germany, to which office he was ap­ dore M. Schleier, recalled. pointed during the last recess of the Senate, v'ice Jam&:; C. Kel­ Otto Doederlein, of Chicago, Ill., to be consul of the United logg, resigned. States at Leipsic, Germany, to which office he was appointed Warner S. Kinkead, of Shelbyville, Ky., to be consul of the during the last recess of the Senate, vice Henry W. Diedrich, United States at Southampton, England, to which office he was recalled. appointed during· the last recess of the Senate, vice Jasper P. Matthew M. Duffie, of Princeton, Ark., to be consul of the Bradley, recalled. Unite~ States at Winnipeg, Manitoba, to which office he was John B. Laguaite, of New Orleans, La., to be consul of the appointed during the last recess of the Senate, vice James W. United States at Martinique, West Indies, towhich office he was - Taylor, deceased. appointed during the last recess of the Senate, vice Alfred B. William C. Emmet, of New York, to be consul of the United Keevil, recalled. States at Aix la Chapelle, Germany, to which office he was ap­ Peter Lieber, of Indianapolis, Ind., to be consul of the United pointed during the last recess of the Senate, vice Johnson Brig­ States at Dusseldorf, Germany, to which office he was appointed ham, recalled. during the last recess of the Senate, vice Soren Listoe, recalled. James C. Fox, of Rochester, N.Y., to be consul of the United Benjamin Lenthier, of Lowell, Mass., to be consul ofthe United St::Ltes at Antigua, West Indies, to which office he was appointed States at Sherbrooke, Quebec, to which office he was appointed during the last recess of the Senate, vice John P. Eirich, re­ during the last recess of the Senate, vice James A. Wood, re­ called. called. Eugene Germain, of Los Angeles, Cal., to be consul of the Joel Linsley, of Middlebury, Vt., to be consul of the United United States at Zurich, Switzerland, to which office he was ap­ States at Coaticook, Canada, to which office he was appointed pointed during the last recess of the Senate, vice George L. during the last recess of the Senate, vice Alfred W. Street, re­ Catlin, recalled. . called. Max Gol~finger, of New York City, N.Y., to be consul of the FrankO. McGhee, of Meridian, Miss., to be consul of the United ·,

1893. CONGRESSIONAL ·RECORD-HOUSE. 433

States at Huddersfield, England, to which office he was appointed James B. Taney, of Wheeling, W. Va., to be consul of the during the last recess of the Senate, vice William P. Smyth, re­ United Shtes at Belfast, Ireland, to which office he wa.s ~p­ called. pointed during the last recess of the Senate, vice Samuel G. Ruby, C. F. Macdonald, of Massachusetts, to be consul of the United recalled. · States, at Hamilton, Canada, to which oflice he was appo~nted Marshall P. Thatcher, of Detroit, Mich., to be consul Qf the during the last recess of the Senate, vice William Monaghan, re­ United States at Windsor, Ontario, to which office he W