.

CONGRESSIONAL. RECORD.

PROCEEDINGS AND DEBATES OF THE FORTY-SEVENTH CONGRESS.

SPECIAL SESSION OF THE SENATE.

SENATE. Maryland-Arthur P. Gorman and James B. Groome. Massachusetts-Henry L. Dawes and George F. Hoar. MoNDAY, October 10, 1881. Michigan-Omar D. Conger and Thomas W. Ferry. In Minnesota-Alonzo J. Edgerton and Samuel J. R. McMillan. pursuance of the proclamation of September 23, 1881, issued by Missi.sBippi-Jamea Z. George and Lucius Q. C. Lamar. President Arthur (James A. Garfield, the late President ofthe United M'us&uri-Francis M. Cockrell and George G. Vest. Sta.tes, having died on the 19th of September, and the powers and Nebraska-Alvin Saunders and Charles H. VanWyck. duties of the office having, in. conformity with the Constitution, de­ Nevada-John P. Jones. volved upon Vice-President Arthur) the Senate convened to-day in New Hampshire-Henry W. Blair and Edward H. Rollins. special session at the Capitol in the city of Washington. New Jersey-John R. McPherson and William J. Sewell. PRAYER. North Carolina-Matt. W. Ransom and Zebulon B. Vance. Rev. J. J. BULLOCK, D. D., Chaplain to the Senate, offered the fol­ Ohio-George H. Pendleton and John Sherman. lowing prayer : Oregon-La Fayette Grover and James H. Slater. Almighty God, our heavenly Father, in obedience to the call of the Pennsylvania-James Donald Cameron and John I. Mitchell. President of the United States, we have met together this day. We Rhode Island-Henry B. Anthony. meet under circumstances of the greatest solemnity, for since our last S&uth Carolina-M. C. Butler and Wade Hampton. meeting it has seemed good unto Thee in Thine inscrutable wisdom Tennessee-Iabam G. Harris and Howell E. Jackson. to permit the messenger of death to remove from this world by the Texas-Richard Coke and Sam. Bell Maxey. hand of violence the distinguished head of this nation. Vermont-George F. Edmunds and Justin S. Morrill. We mourn also the death of a Senator greatly beloved and honored; Virginia-John W. Johnston and William Mahone. and the respected Secretary, and other officers of this body. We West Vi1·ginia-Johnson N. Camden and Henry G. Davis. would bow submissively to Thy will, beseeching Thee to sanctify to W'~conBin-Angus Cam~ron and Philetus Sawyer. us these solemn events. Deeply impress upon onr minds a sense of Mr. HARRIS. I have been requested by a number of Senators on our mortality, of the shortness and uncertainty of life; and may we both sides of the Chamber to call the Senate to order. If there be no so live as ever to be ready for our departn;e when it shall be Thy objection, I will do so in order that we may proceed with the busi­ will to call us hence. ness for which the Senate is convened. [Taking the chair.] The We pray for the bereaved family of the deceased President of these Senate will please come to order, and the Chief Clerk will report to United States. Sustain and comfort them in the time of their severe the Senate the proclamation of the President convening this session afiliction. of the Senate. Most Gracious God, we offer up our sincere and earnest prayers for The Chief Clerk (Mr. FRANCIS E. SHOBER) read the following proc­ Thy servant who has been called in Thy providence to succeed to the lamation: Chief Magistracy of this great people. May he be plenteously endued By the President of the United States of America. with heavenly grace and wisdom to aid him in the discharge of the A PROCLAMATION. high trust which has been committed to his hands. Make him a bless- Whereas objects of interest to the United States require that the Senate should ing to the whole country and to the world. . be convened at an early day to receive and act upon such eommnnications as may be made to it on the part of the Executive : And now, our Heavenly Father, we invoke Thine especial blessing Now, therefore, I, Cheater A. Arthur, President of the United States, have con­ upon the Senate now assembled. Preside over their deliberations, sidered it to be my duty to issue this, my proclamation, declaring that an extra­ guide their councils, and lead them to such action as shall redound to ordinary occasion requires the Senate of the Uiiited States to convene for the Thy glory and to the best interests of our common country. transaction of business at the Capitol, in the city of Washington, on Monday, the loth of October next, at noon on that day, of which all who shall at that time be Most Merciful God, we implore Thy grace and the forgiveness of entitled to act as members of that body are hereby required to ta.ke notice. all our sins. These and all other blessings we ask in the name of Given under my hand and the seal of the United States, a.t WashinJZton, the 23d Christ, our Divine Redeemer. Amen. day of September, in the year of our Lord one thousand eight hundroo and eighty­ one, and of the Independence .of the United States the one hundred and sixth. SENATORS PRESEl\"T. [SEAL.] CHESTER A. ARTHUR. By the President : The following Senators were present: JAMES G. BLAINE, Secretary of State. From the State of- Alabama-John T. Morgan and James L. Pugh. ELECTION OF PRESIDENT PRO TEMPORE. Arkansas-Augustus H. Garland and James D. Walker. Mr. PENDLETON. Mr. President, I offer the following resolution, Califcn·nia-James T. Farley and John F. Miller. and ask for its immediate consideration. Colomdo-Nathaniel P. Hill and Henry M. Teller. The PRESIDING OFFICER, (Mr. HARrus.) The Senator from Connecticut-Joseph R. Hawley and Orville H. Platt. Ohio offers a resolution, for which he asks present consideration. The Delaware-Thomas F. Bayard and Eli Saulsbury. Chief Clerk will report it. Florid4-Wilkinson Call and Charles W. Jones. The Chief Clerk read as follows : Georgia-Joseph E. Brown and Benjamin H. Hill. Resolved., That THOMAS F. BAYARD, a Senator from the State of Delaware, is nlinoiB-David Davis and John A. Logan. hereby chosen President pro tempore of the Senate. Indiana-Benjamin Harrison and Daniel W. Voorhees. Mr. EDMUNDS. Mr. Chairman, I of course do not object to the Iatca-William B. Allison and James W. McDill. present consideration of that resolution, bnt under existing circum­ Kansas-John J. Ingalls and Preston B. Plumb. stances I think it to be a duty, in accordance with the rules of the Kentucky-James B. Beck and John S. Williams. Senate, to present the credentials of Mr. Warner Millerwand Mr. E. G. Louisiana-Benjamin F. Jonas and William Pitt KelloO'g, Lapham, Senators elected from the State of New York to fill the va­ Maine-William P. Frye and Eugene Hale. e~ cancies occasioned by the resignation of Senator Conkling and Sen- 505 506 CONGRESSIONAL RECORD-SENATE. OCTOBER 10,

ator Platt from that State, and also the credentials of Mr. Nelson W. the table was made for any reasoning or discussion upon such a sub­ Aldrich of Rhode Island, elected as a Senator by the Legislature of ject, if there could be any possible for man to conceive. that St~te, in conformity with law, to fill the vacancy occasioned by Now, in order to have the opportunity to again test the sense of the the death of our late associate, Senator Burnside. Senate and to endeavor to find out what it means upon this subject, In order that my friend from Ohio [Mr. PENDLETON] and the other I move to amend the resolution offered 9y the Senator from Ohio by Senators may not think that this is an inappropriate time to do this striking out all after the word "Resolved" therein, and inserting thing, I beg to read from the rule of the Senate o,n that subject. It what I send to the Chair. I hardly think that will go to the table. is the seventh rule : The PRESIDING OFFICER. The Senator from Vermont will The presentation of the credentials of Senators-elect and other questions of priv­ please suspend until the Chair inquires if there is objection to the ileae shall always be in order, except during the reading and correction of the Jour­ present consideration of the resolution of the Senator from Ohio. naf: while a question of order or a motion to adjourn is pending, or while the Senate Mr. EDMUNDS. I stated that there was none at all. is dividing ; and all questions and moti.o~ ari5i?g ?r made upon the presentation of such credentials shall be proceeded mth until disposed of by the Senate. The PRESIDING OFFICER. The Chair hears no objection to the present consideration of the resolution, and therefore the amendment I therefore, sir, send these credentials to the Chair and ask that of the Senator from Vermont willuow be reported to the Senate. they be read respectively. The CHIEF CLERK. The proposed amendment is to strike out all The PRESIDING OFFICER. If there be no objection, the creden­ after the word "Resolved" and to insert: tials will be reported to the Senate. The Chair hears no objection, That the credentials of Messrs. Warner Miller and Elbridge G. Lapham, Sena­ and he instructs the Chief Clerk to report the credentials to the Sen­ tors-elect from the State of New York. and of Nelson W. Aldrich, a Senator from ate. the State of Rhode Island and Providence Plantations, elected to fill the vacancy The Chief Clerk read the credentials of Nelson W. Aldrich, chosen caused by the death of the late Senator Ambrose E. Burnside, having been read, be placed on the :files of the Senate, and that the oaths prescribed by the Consti­ by the Legislature of Rhode Island a Senator from that State to fill tution and laws be administered to said Senators by Mr. HIDIRY B. A..."'THOh'Y, th& the vacancy caused by the death of Ambrose E. Burnside in the term senior Senator in service. ending March 3, 1887. Mr. BAYARD. I ask for the yeas and nays on the amendment. The PRESIDING OFFICER. These credentials will lie upon the The PRESIDING OFFICER. The question is upon the amend·· table. The Chief Clerk will new report the credentials of Mr. ment offered by the Senator from Vermont, upon which the yeas anRoscoe Conkling in the as I remarked a little while ago, that any member of this body, not term ending March 3, 1885. to say a majority of the members who are now sworn in, would hardly The PRESIDING OFFICER. These credentials will lie upon the fail, when endeavoring to exclude the Senators from sister States from table. The Chief Clerk will now report the credentials of Mr. Miller. participation in the body, to give some very conclusive rea,ijon for it. The Chief Clerk read the credentials of Warner Miller, chosen None has been given; it seems that none is proposed to be given; by the Legislature of New York a Senator from that State to fill the and now I will take the liberty of stating the reason for it, if, as I vacancy caused by the resignation of Thomas C. Platt in the term said before, there need be any statement in advance of a reason for it. ending March 3, 1887. It is true that we have met under extraordinary circumstances oc­ The PRESIDING OFFICER. The credentials will lie upon the casioned by events the consequences of which may have put it within. table. the legal, technical power of a bare majority of the States condition­ Mr. EDMUNDS. These credentials having been read, and the gen­ ally to provide for the presidential succession, when, if their sister tlemen named therein being now present ready to take the oath of States were consulted, a different provision might be made-to provide office, I move, in accordance with the precedents of the Senate, that for it under circumstances when, in order to make the provision they the oath of office to these Senators be .now administered by Hon. may desire, it is ne~essary that other. States wh~se relations to tbe HENRY B. ANTHoNY, the oldest member of the Senate in continuous Union and whose nght to representatiOn appear rn your own records service. now upon your table, and whose chosen representatives stand here ThePRESID~GOFFICER. The Senator from Vermont [Mr. ED­ ready to do their duty, shall be excluded in order that a minor'ty of MUNDS] moves that the oath of office be administered to the Sena­ the forces in this Government may a~complish a grave purpose which tors-elect by Senator HENRY B. ANTHONY, the senior Senator of the they could not accomplish were the voices of all the States ready tv body. Is the Senate ready for the question f be taken and entitled to be taken consulted. Mr. PENDLETON. I move that the motion of the Senator from I state this proposition, sir, in the simplest possible language, cer­ Vermont do lie upon the table. tainly without exaggeration and certainly without epithet or unkind The PRESIDING OFFICER. It is moved by the Senator from comment. There is the fact, if the indication we have had by the Ohio that.the motion of the Senator from Vermont lie upon the table. previous vote of the Senate is to be taken as evidence that this course Mr. EDMUNDS. On that question I ask for the yeas and nays. is to be persisted in, the same course with equal constitutional and The yeas and nays were ordered, and the Chief Clerk proceeded to legal propriety,-no more, no less,-may be continued for thewhole of call the roll. the number of years that each one of the three Senators whose cre­ Mr. PLATT, (when his name was called.) I am paired with the dentials have been read is entitled to fill a seat in this body ; and it Senator from Nevada, [Mr. FAIR.] This pair was arranged by my would seem logically th.at th~ only ground upon which such a. co~rse friends, who had authority to make it, at a time when it was sup­ of exclusion could be d1scontmued would be that there wu.a nothing posed it would be inconvenient for me to attend the session of the else to be gained by persiste~ce, and ~hat the sovereign ~tates in this Senate; and I shall recognize and respect the pair. Union of States, whose equality of vo1ce and representatJ.on the Con­ The roll-call having been concluded, the result was announced­ stitution took pains to declare should never be diminished or excluded yeas 36, nays 34 ; as follows : without their own consent in this body (even by an amendment of the YEAS-36. Constitution) are to depend upon the political idea of what is expe­ Bayard, Farley, .Jackson, Pugh, Book. Garland, Johnston, Ransom, dient for a temporary majority as to whether they shall have places Brown, George, J onaa, Saulsbury, at all and if they are to have places at all they are not to have them Butler, QQrman, Jones of Florida, Slater, until purposes can be accomplished that could not be accomplished Call, Groome, La.ma.r, Vance, were their lawful voice heard. Camden, Grover, McPherson, Vest, Cockrell, Hampton, Maxey, Voorhees, Is that the case 7 I only put it interrogatively. !should not dare Coke, Harris, Morgan, Walker, to suspect that there could be such a case if I had not seen the evi­ Davis of W.Va., Hill of Georgia, Pendleton, Williams. dence of this vote and I have been unable to comprehend upon what NAYS-34. principle such a vote could have b~~n give~. . Allison Edmunds, .Tones of Nevada., Rollins, Somebody has said-1 have seen 1t stated m the newspapers · 1t has Anthony, Ferry, Kellogg, Saunders, not been stated here-that the law of Congress requires that the oath Blair, Frye, Lo~n, Sawyer, of office of a Senator-elect should be administered by the President Cameron of Pa.., Hale, McJ,Jill, Sewell, Cameron of Wis., Harrison, McMillan, Sherman, of the Senate, either the Vice-President, the constitutional Presjdent Conger, Hawley Miller, Teller, of the Senate or the President pro tempore acting in his absence, and Davis of illinois, Hill of Colorado, Mitchell, VanWyck. that this law'is an exclusive law, by implication forbidding any other Dawes, Hoar, Morrill, administration of such an oath, and hence that is impossible legally Edgert<>n, Ingalls, it Plumb, to admit these gentlemen until there shall be a President pro tempore ABSE:NT-:1. who can fulfill the statute and administer the eath. I must suppose Fair, Mahone, Platt. (because, a I said, I must disarm myself from suspicion of P?litic!ll So the motion to lay on the table was agreed to. views) that to be the rea on which actuated my honorable fnend m Mr. EDMUNDS. Mr. President, I had supposed that some conclu­ moving to lay upon the table the resolution that I had the honor to sive and overpowering reason would have been given by my honora­ offer. . . ble friend from Ohio for asking a majority of this body to refuse to I wish to say in the briefest pOBSible manner that if my friend will admit the Senators from two States lawfully elected, whose creden­ look at the a.ct of 1789 he will see that it was passed by a Senate tials had been read and against whom no objection had been inter­ and signed by a President pro tempore of the ~en~te, not one of whom posed, the right to take the oaths of office and to participate in the had taken the oath prescribed by the Constit~tiOn. I do not SJ?eak :first as well as the later deliberations of this body. None was given, of that as showing ~hat the act is not ';\ '\'"ahd _act; far from It; I and therefore there was no opportunity after the motion to lay upon speak of it as showmg that when the JUBt exigency of the case I

. I I 1881. CONGRESSIONAL RECORD-SENATE. 507:

arises, this body as well as every other parliamentary body is enti­ binds the conscience of every man who take8 it to support every con- . tled to receive members who otherwise are a part of it, and to act, stitutionallawof the United States, which becomes a part of it. They. if there be no means of acting otherwise, on the very first question thought, and so they acted, that this act of 1789hadreceiveditsown, as well aa the last one that may be presented to the body, without construction by the' very body that passed it, and that was that it, taking an oath at all. was that directory provision for the convenient and orderly adminis~ . I repeat that for weeks and weeks the first Senate of the fathers, tration of the Government, which the two Houses of qongress were., who had built the Constitution, did not find it inappropriate to ad­ ~xpected to follow, unless the absence of the converuent means of mit Senators from all the States and to proceed to business, merely following it would put them back upon their own inherent powers. · from the circumstance that there did not exist an officer who by law I need not tell my honorable friend from Ohio, and I need not read to. could administer an oath. My friends on the other side may say, him the authority to show it, that by the ancient constitution of all " That is this case now; there is no officer who by law can adminis­ parliamentary bodies the power to administer oaths respecting their . ter t he oath." Are we to be wiser or more critical than the fathers T own proceedings (I limit it to that, of course) is inherent, and part . lf there be no officer l:o administer this oath, are we to say that two of their power and existence as a body. And so on this occasion those, States-it might be seventeen States or it might be twenty-seven gentlemen were sworn in. States, taking the constitutional term and the accidents of life-are Why should not these gentlemen therefore be sworn in now f Do . t o be excluded from any voice respecting the selection of the pre­ you say the statute forbids it f · I deny it. Do you say it is not ac­ siding officer of this body because the particular mode that a statute cording to the course of precedent f I deny it, for whenever it has. has pointed out cannot be effectuated 1 I do not think so, Mr. Pres- been proposed it bas always been done. And I do not believe that ident. · if there were not some question ulterior to this mere one a single, There was a time, something like the present perhaps, when a Senator would lift up his voice to say no to the proposition that these, great and controlling party in this country possessed members whose gentlemen should be now sworn in, for who would doubt the power memories now, though they are gone, have lent a splendor to the of the Senate to direct under existing circumstances that any Sen­ history, legal as well as political, of this country, who did not feel ator, the oldest preferably as a matter of courtesy, should administer. that they were violating the Constitution of the United States by the oath f I should be glad to hear from my learned friend from Ohio,. doing precisely what I hav'e proposed and now propose here. who I must suppose has some controlling reason in his own mind, · On the 4th of March, 1853, the Senate of the United States met on what this means. the special call of the President of the United States in what is called The PRESIDING OFFICER. The question is on the amendment . an executive or senatorial session. There was no President pro tent­ proposed by the Senator from Vermont to the resolution offered by ": pore in the chair. There waa one at the session before, who undoubt­ the Senator from Ohio. Is the Senate ready for the question f edly might have taken the chair and administered the oath to Sen­ Mr. GARLAND. Mr. Chairman, I will not detain the Senate for aily . ators-elect. For some reason, perhaps of personal delicacy, certainly length of time in discussing the points presented by the Senator from none that I know of that is open to any criticism, he did not. What Vermont, for really I think the question is one that is narrowed down then Y Did the Senate, at whose head then as oldest in service stood to a very sm~ll compass. I will not undertake to make any response , Lewis Cass of Michigan, and whose honorable coadjutors were Mr. to the assertion of the Senator from Vermont that possibly there was.. Badger of North Carolina, Mr. Gwin and Mr. Weller of California, Mr. some ulterior motive on the part of the Senator from Ohio, or any • Houston and Mr. Rusk of Texas, Messrs. Dodge and Jones of Iowa, other Senator, or all the Senators on this aid~ of the house, in propos-·. Messrs. Mallory and Morton of Florida, Mr. Borland and Mr. Sebas­ ing the proceeding which we now ask to be adopted. Believing as I · tian of Arkansas, Messrs. Atchison and· Geyer of Mi souri, Mr. Ham­ do, and believing as the Senators on this side do, that we are simply­ lin of Maine, Mr. Fitzpatrick of Alabama, Stephen A. Douglas of following the law in this case, we have no apologies to make to the illinois, a name still bright with real democratic fame; that great Senator from Vermont or to any other person or body of persons. H · and patriotic soldier James Shields; Messrs. Chase and Wade of we are mistaken in the course that we propose to adopt here, then it Ohio, Messrs. Benjamin and Soule of Louisiana, Mr. Jones of Ten­ is a mistake which both we and. the coantry will regret; but I am nessee, Messrs. Dawson and Toombs of Georgia, and a long list of satisfied, for one, after a most painful investigation of this matter _ others from all theNorthern and Eastern States whom I might name­ with a desire to arrive at a proper conclusion, if ever I had a sincere did they feel that this act of 1789 waa to exclude a single man 'whose desire on any subject, that we propose to follow the law in this case; credentials were presented and regular in form from taking part in and that I will proceed to show. _ the election of a President pro tempore of the Senate T Not at an. What, Mr. Chairman, are we here for to-day T What is the purpose , On that occa-sion, with this statute before their eyes, the Senate of convoking this assembly at this time f What was the object of being called to order as it wa-s on this occasion, with the single ex­ the Senate being called together and the only object, so far as the . ception that it was called to order by the oldest Senator in service, country knows and so far as the world knows! It waa to place some but called to order as it has been wisely and properly on this occa­ one between this Government and possible anarchy in case of the sion by one of our own number, no matter who- death or the taking away by any other means of the present Presi­ On motion by lli. Badger, and by unanimous consent, dent of the United States, and that is the person of a President pr(). . Resolved, That the oath prescribed by the Constitution be administered to the te:rnpore of the Senate to be elected here now. That was the object new members of the Senate by the Ron. Lewis Cass, the oldest member of the of this meeting, and it is for that purpose that this great concotiT8e , Senat&- of people is here to-day, and for no other purpose. We propose, then, I read from the Journal- at once to discharge the duty that is imposed upon us by the law of ­ The credentials of the following Senators having been heretofore read,­ the land, moved and incited thereto by the proclamation of the Pres- AB is now this case- ident of the United States. , the oath prescribed by law was administered to them by the Hon. Lewis Cass, The Senate is a continuing body. It has members enough when­ and they took their seats in the Senate, namely : . ever it may meet, in legal contemplation, to transact its business; Mr. Atherton from New Hampshire, Mr. Benjamin from Louisiana, and it is not so much the purpose, it is not so much the intention of Mr. Clayton from Delaware, Mr. Evans from South Carolina, Mr. the calling of the Senate together to provide a mere temporary Presi­ Everett from Massachusetts, Mr. Houston from Texas, Mr. Hunter dent, or President for the time being, as it is to. fill up that possible .. from Virginia, Mr. Jones from Iowa, Mr. Seba-stian from Arkansa-s, gap which there may be in the administration of this Government. Mr. Stuart from Michigan, Mr. Thompson from Kentucky, Mr. Thom­ Hence it is a high duty, it is a great duty, that precedes all others. son from New Jersey, Mr. Toombs from Georgia, Mr. Wright from in importance, that precedes all others in the law and under the law · New Jersey, and :Mr. Douglas from illinois. That having been done- of the land. It precedes the question of the swearing in of a Senator . Mr. Shields submitted the following resolution; which was considered by unan­ in this body; it precedes all other questions in this country, accord­ imous consent and agreed to : ing to my judgment, and it is a question that has never before been Resolved unanimously, That the Ron. David R. Atchison continue President of presented to this country. It is an anomalous occasion that calls ns · the Senate pro tempore. here. We propose decently and in order and according to law, on You will see, therefore, Mr. President, that although it is trutJ that our interpretation of it, to fill that possible gap at the earliest prac- eften and often when the mere convenience of the moment made it ticable moment that we can. • more agreeable and when nothing was in question about which Sen­ Now let us go to the law; and, for one, I never want to be wiser . ators might be divided Presidents pro tentpore have been elected and or more virtuous than the law. I am willing always to stand upon then administered the oath, yet here the Senate of the United States, that, and if it is a bad law, an inconvenient law, or an unjust one, · composed of men who at that time, in that period, probably were as woe to those who have provided it; our duty is to obey it. The sec­ eminent, as wise, as scrupulously careful of the Constitution as any ond section of the act of 1789 is: that had preceded them, (it would perhaps not be parliamentary for That at the first session of Congress after every general election of Representa· . me to say any who have succeeded them,) thought it was their duty, tives, the oath or affirmation aforesaid shall be administered by any one member before they proceeded to the disposition of the question of the pre­ of the Honse of Representatives to the Speaker; and by him to all the members siding officer of the Senate, to swear in the new Senators, and to swear present, and to the Clerk, previous to entering on any other business; and to the. members who shall afterwards appearhprevious to taking their seats. The Presi- ' them in in that way. dent of the Senate for the time bemg s all also administer the said oath or affirma­ How did they get over the statute t somebody will ask. It is not tion to each Senator who shall hereafter be elected, previous to his taking his to be supposed that they thought they were violating it, for if they seat. were violating a lawful and constitutional statute they were violat­ The President of the Senate pro tempo1·e, or " for the time being," ing their own oaths, for they had all sworn that they would support is to administer the prescribed oath. No one will contend that the the Constitution of the United States, and I take it nobody will dis­ Senate would not have power perhaps to displace that by making . pute that an oath to support the Constitution of the United States some other provision by unanimous consent. The statute I have 508 CONGRESSIONAL RECORD-SENATE. OcTOBER 10,

Just read is a part of the law of the land carried into the Revised Mr. E~MUNDS. Mr. President, the question seems to be reduced, Statutes of the United States and recognized and solemnly adopted then, as It truly should be, to the mere choice of the body. I am by Rule 63 of the Senate, which is a law to this body. That rule gratified to have heard my honorable friend from Arkan as [Mr. declares: GARLAND] admit, with the candor that is characteristic of his career, The oath or affirmation required by the Constitution and prescribed by the act th~t the Senate ha-s a lawful and constitutional right to direct at of .Tune 1, 1789- this moment that the oath of office shall be administered to the rep­ What oath! The oath to all these officers, to the members of the resentatives of these two States, and that they therefore would be House and Senators, that oath which the law prescribes shall be ad­ lawfully and justly entitled to participate in the action of their sister ministered by the President of the Senate pro t~mpore- States in choosing a provisional President of the United State . I of shall be taken in open Senate by each Senator before entering upon his duties. cour~e do not speak technically when I say" provisional President," Thus the Senate has recognized this statute and has prohibited but m the common language of men. I think my friend did say positively the taking of the oath anywhere else than in the open Sen­ ~owever, that these events took place ou former occa ions by unan~ ate. There is law enough to suit almost any person, I think. There ·unous consent; but I am sure he cannot mean that unanimous con­ is the statute passed in J nne, 1789; there is Rule 63 of this body that sent can change the binding obligation of a law. Unanimous con­ recognizes that statute and makes a further provision as to where sent can change the law of this body, because U:Je unanimous consent that oath shall be taken. makes it another law of the body; but a const•iutional act of Con­ But is it a matter of fact under the usual parliamentary law, Mr. gress, I take H, could hardly be changed or dispensed with by the Chairman, that this is obligatory upon us f I suppose nobody will unanimous consent of the Senate. oontrovert the position assumed by the Senator from Vermont that What I understand him to mean, therefore, is what I stated before this oath can be administered under the arrangement of the body to what is clearly the law, that it is within the lawful and constitu~ which these gentlemen come. It can be administered by a Senator tional and regular competence of this body n•w, IJ~fore it has a Presi­ here under a resolution unanimously agreed to-be administered by dentpro tempore, to do a.s it did in 185:J, when this same law was iu yourself, sir; but is it an inexorable rule ; is it a rule without change; force and before the electioa of a President p1'o tempo1·e, to swear in is it an unbending rule that this oath must be administered as con­ the Senators entitled to seats in order that the voices of their States tended for by the Senator from Vermont! Let us see what the au­ may ?e heard with their sisters in the selection of a presiding officer thorities on the subject say. Cushing's Parliamentary Law, pages of th1s body. To be sure, then, Mr. President, the prize-if we can 106 and 107, says: speak of this vacancy as a prize won in the lottery of as assination­ The three essential parts of an organization are the qualification of the mem­ the prize was not the conditional power in a contingency to admin­ bers, and the choice of the presiding and recording officers. In some of our legis· ister the office of President of the United States; it was the prize of ]ative bodies the speaker or president is first chosen, then the members are quali­ honorable mention, the prize of a duty chiefly consisting of drudgery fied, and lastly the clerk or secretary is chosen; in others, the members are first ·qualilied, then the clerk elected, and lastly the presiding officer; and, in others and work. That was all. .again, the members being first qualified, the election of the speaker or president Does my honorable friend mean to say that if the voice of the eight precedes that of clerk. or ten States whose Senators were then sworn in was to have been We are left to take either one of these courses under the parliament­ exerci ed upon a matter of conseq-q.ence to their States and to the ary law as we see proper in the order named; but unless we agree on gen~ral welfare they would have been excluded t I should have .all sides to one of them, where are we remitted f We are remitted supposed that the greater the consequence to follow the first act of back to the act of 1789. For the convenience of the Senate I admit the Senate in electing a President p1·o tempm·e, the greater the .im­ they may by consent adopt a different rule. They may call upon the portance and the duty of having every State exert its voice and ex­ senior or the junior member of the body; that has suited the conven­ press its opinion upon that question. There is no deny in()' that. And ience of the Senate repeatedly; there is no question about that; but therefore it appears to me, in the course this argument bas taken to thali did not fix a law nor could it fix a law in the teeth and face of resolve itself into this: that while it is admitted to be perfectly c~m­ the statute of 1789 if any Senator had objected. That proceeding was petent and right for the Senate of the United States to swear these by unanimous consent, nobody objecting. We frequently, by com­ ~entlemen .in now, it wil.l not do it bec~use theY: having been sworn mon or unanimous consent, do things here otherwise than is presc "bed m a questwn of great Importance might be differently decided to by law or rule, and they go forth as legal. But if those things had what it may be if they are not sworn in! If that be so, sir,-and I been questioned by any Senator at the time, they would not have been regret extremely to be forced by the apparent logic of this situation done. In other words, the fact that we do not adhere to the law on to. believe it-where is our fidelity to the Constitution of our common .all occasions is no reason why the law should not be enforced and com­ country, and to the common equality and right of every State in it f plied with when it is invoked. And so I might concede here for the If this were to. go on, in the c~ange of events in 18 3 it may happen present that we may by unanimous consent do otherwise than the law that the outgQmg Senators Will leave here a clt>ar and decided ma­ requires i.r.l our proceedings and for the time make a law for ourselves, jority of one party-! do not mind which-which clear and decided yet when that law is asked to be enforced by even one Senator it must majority of one party if the incoming Senators were sworn in would be complied with. Our rules require that a bill shall have three read­ be overturned, and it would be largely the other way. If this be a ings on three separate days; and yet how often do we see a bill read right precedent, why will lt not be right then for those who hold twice and referred to a committee in oue day because no Senator over to hold on and accomplish all the acts of legislation that they ·objects Y think are desirable to their ends before they admit their fellow-Sen­ In the present anomalous condition of affairs here, we choose to ators from other States, and so on, and so on f The fact that there .stand upon the statute of 1789 in proceeding to the important duty are only three Senators now in the question does not change it. As I of filling up the possible gap between us and anarchy in this Gov­ said before, it might be thirty-three. Where is your Government -ernment. then, sir f 'Vhy, .Mexico or the unhappy republics of South America Now, Mr. Chairman, it is not the question of an accidental majority; would be far preferable to this. The Constitution would be the it is not the question of exercising a power which we have by acci­ emptiest urn, held in the withered arms of some coming man in this ·dent; that cannot be charged to this side of the House. We saw country, with the sacred ashes of its life torn in the winds of party here last spring two honorable Senators on the other side of the acrjmony. I shall not believe it possible, sir, until I see it by a vote •Chamber voluntarily return their high trust from the State of New of this body, that, admitted as it now i~ that it is lawful to swear York to the people who had given it to them. Cerliainly that was these men at this time, this body will refuse to do it before it proceeds not the fault of our side, nor was it instigated by this side. We to any other business whatever. ,sought to take no advantage (If it then; everything moved along in The PRESIDING OFFICER. The question is upon the motion of its re~ular course as though this had not occurred. Providence has the Senator from Vermont to amend the resolution of the Senator •Seen nt to strike down an honored and honorable member on the from Ohio. Is the Senate ready for the question f ·other side of this Cham her, one who was beloved by us all, and whose Mr. EDMUNDS. I call for the yeas and nays. loss was sincerely mourned by the country. These are not circum­ The PRESIDING OFFICER. The yeas and nays have already stances that can be charged to this side of the Chamber. We cannot been ordered. 1>e held np before the country as taking advantage of accidental cir­ Mr. ANTHONY. Let the amendment be reported. cumstances. If these events had been brought about by any action, The PRESIDING OFFICER. The amendment will be again re- .(lirect or indirect, of this side of the Chamber, I would die in my ported. . tracks before I would lend my voice to take ad vantage of them ; and The CHIEF CLERK. The amendment is to strike out all after the ·such I believe is the sentiment of every Senator ou this side of the word "Resolved" in the original resolution anti in ert: Chamber. . That the credentials of Messrs. Warner Miller anrl E Ibridge G. Lapbam, Senator . Our position is that as the oath of membership must be adminis­ elect from the State of New York, and of Nelson W. Aldrich, a Senator from the !:;tate of Rhode Island and Providence Plantations, elected to fill the vacancy tered by a President pro tempore of this body, we must elect that caused b:v the death of the late Senatol' Ambrose E. Burnside, having been realf, ·officer first, so that there may be some one to swear in the new Sen­ be pla<>ed on the files of the Senate, and that the oaths prescribed by the Coa~t. itn­ .ators, and this we offer to do. The requirement of the act of 1789 tion and laws be administered to said Senators by .Mr. HENRY .B. ANTHmn:, the may by unanimous consent on various occasions to suit the conven­ senior Senator in service. ience of Senators have been displaced by administering the oath as The PRESIDING OFFICER. The question is on this amendment, stated by the Senator from Vermont, [Mr. EDMUNDS,] but we are on which the yeas and nays have been ordered. guilty of no shortcoming when we say that we will follow the law The Secretary proceeded to call the roll . .and the law is the proper exponent of our duty. I am always satis­ Mr. McPHERSON, (when his ltame was called.) On thi question ili.ed as long as I can hold myself and my party friends within the I am paired with my colleague, [Mr. SEWELL,] who has been unex· ~portals of the law. pectedly called away. / 1881. CONGRESSIONAL RECORD-SENATE. 509

Mr. WALKER, (when his name was called.) On this question I formably to the gracious precedea.ts of democratic Senates. Will we am paired with the Senator from Colorado, [Mr. Hrr.L.] If he were do it! Let us see. here he would vote "yea," and I should vote "nay." The PRESIDING OFFICER. The question is on the amendment The result was announced-yeas 33,·nays 34; as follows: proposed by the Senator from Vermont. YEAS-33. Mr. BECK. Mr. President, I desire to sa.y that the la.w of 1789 and Allison, Edmunds, Kellogg, Rollins, the rules of this Senate require that a. President pro tem,pore be elected Anthony, Ferry, LojZan. Saunders, by the Senate prior to the swearing in of new members, and that the Blair, Frye, McDill. Sawyer. oath shall be administered by him to them in the open Senate. That 1 Cameron_of Pa., Hale, McMillan, Sherman, it is proposed to do; no more, no less. , · Cameron of Wis., Harrison, Mahone, Teller, Why the President p1·o tempore should be elected for this day and Con~er, Hawley, Miller, VanWyck. Davis of illinois, Hoar, Mitchell, then have another election again. when the occupancy of the chair Dawes, ln~Zalls, Morrill, by the President pro tempore of the Senate is always in the power of the Edgerton, Jones of Nevada., Plumb, Senate and in the power of amactorityof the Senate, I am not quite able NAYS-34. to comprehend. I am a.l ways afraid of mischief from modifying res­ Bayard, Farley, Jackson, Ransom, olution~ of this character. I have seen very modest words accom­ Beck, Garland, Johnston, Saulsbury, plish great results when they were said to be very innocent at the Brown, George, Jon as, Slater, Butler, Gorman, Jones of Florida, ·Vance time they were inserted. I remember the "if any " of the Electoral Call, Groome, Lamar, Vest,' Commission law that cut a. tremendous figure in that great fraud Camden, Grover, Maxey, Voorhees, and deprived several States of their rights in that electoral count Cockrell, Hampton, Mor~Zan, Williams. Coke, Harris, Pendleton, within a very recent period. When we stand by the law as it is, and Davis of W.Va., Hill of Georgia, Pugh., leave the whole question hereafter in the power of the majority of ABSENT-6. the Senate, there can be no wrong done to anybody. As was well Fair, McPherson, Sewell, Walker. suggested by the Senator from, Arkansas, if the present President of Hill of Colorado, Platt, the United States, then the President of the Senate, at the last ses­ So the amendment was rejected. sion of this body had followed the precedents which ba.d been usual Mr. EDMUNDS. Mr. President, I hope I shall now have the hap­ and almost universal before, and allowed this Senate to elect a Pres­ piness to command the votes of honorable Senators who have voted ident pro tempore, there would have been no necessity for his con­ against the proposition that I have just submitted. Nobody, I be­ vening ns in session now. When the Senators from New York saw lieve, has expressed a disposition to exclude these Senators from every fit to resign, I suppose he did not vaeate his seat and give the Senate deliberation and act of the Senate to which they can be properly ad­ a chance to elect its own President pro temp01·e for some reason satis­ mitted, and thQ objection made to the amendment I had the honor to factory to himself a.nd to his party friends, and hence we are called offer before wa.s that the present acting majority of this body thought together. proper to follow the law and to have these oaths administered by the Now we propose to stand by the law and by that alone, and not to President pro tempore of the Senate. As the majority has so thought, accept any modification such as is now proposed. Nobody denies I am bound to yield my acquiescence to that course; and in order to that unanimous consent can do almost anything here. The simple a.ecomplish that purpese and at the same time not to stifle the voice thing is that we do not propose to give unanimous consent to any of these two States in our deliberations, I move to amend the resolu-· proposition except to carry out the law of the land. Men can be tion now pending by adding at the end of it the words "for this sworn in otherwise; unanimous consent ca.n do nearly anything in day;" so that it will read: the Senate ; a.nd we are taunted with seeking to do indecent things because we do not give unanimous consent to propositions made in That THO:MAS F. BAYARD, a Senator from the State of Delaware, is hereby chosen President pro tempore of the Senate for this day. contravention of the law of the land. Tba.t is all there is of the case, and I think this side of the Cham­ That, Mr. President, will fulfill the moat extreme Mosaical view of ber do not propose to give unanimous consent to anything, except in the law. We come up to the statute; we embrace it, and if our ob­ an orderly way to execute the law o.a it tttand& upon the statute-book. ject be to follow the law we follow it, and if we have left a.ny rev­ If that la.w is a bad one, change it. erence for the Constitution in allowing every State lawfully here by I ask for the yeas and nays on the amendment now offered. its members to speak, we can follow the Constitution too. The yeas and nays were ordered. My learned and honorable friends might think, perhaps, that this Mr. GARLAND. Mr. Chairman, one word. According to my ver­ is a novel motion, aud that as the Constitution says that the Senate sion of the law, while the Senate has the power to do what the Sen­ may elect a President p1·o tempore, he must be elected a Presiden~ pro ator from Vermont suggests in his amendment, it is entirely unneces­ tempore simply and purely, neither more nor less, without any limit sary to do so because the tenure of office of the President pro tempore to the duration of his career other than the will of the Senate. If has been distinctly defined by a resolution of this body which I be­ any man's mind should be discomposed upon such a question, I beg lieve now receives the approbation of every person-a. resolution leave to refer to another notable and honorable precedent of a demo­ adopted January 12, 1876, in these words : cratic majority of the Senate of the United States in the year 18.S4. Resolued, That the office of President pro tempore is held at the pleasure of the When the Senate met on the 4th day of December of that year there Senate. were two Senators-eJect who bad not been sworn in. That makes it different from this case, because there are three here. I mention that So that after Mr. BAYARD shall have been elected President of the so that anybody who wishes to make a point of it may have the ad­ Senate pro tentpore a majority may any da.y elect somebody else so that vantage of it. The Senate having been called to order and the fact be can return thanks and retire. That is alr~ady the tenure of office, that the President pro tempore of the Senate was not present having as everybody understands, and it would be just exactly like incor­ been communicated- porating this construction in the resolution expecting the Senator from Delaware to follow it up by saying that be holds his office at On motion by Mr. Hunter, and by unanimous consent, ~olved, That the Ron. Lewis Casa be President of the Senate pro tempore for the pleasure of the Senate. That. is the legal interpretation of the this day. amendment offered by the Senator from Vermont, so that it calls upon On ruotion by Mr. Broadhead, us to do an entirely unnecessary thing. Ordered, That the Secretary inform the Honse of Representatives, &c. Mr. EDMUNDS. Mr. President, I beg to assure my distil!guished That being done, then- friend from Kentucky that no gentleman on this side has asked unani­ Yr. Foot presented the credentials of Ron. Lawrence Brainerd, chosen a Senator mous consent to do anything. We have so far, those of us who merely by the General Assembly of the State of Vermont t(}fill the vacapcy occasione by by grace apparently continue to occupy seats-for the majority of this the death of Ron. William Upham; which were read, and the oath prescribed by body might if it found sufficient motive for it (I do not know how law was administered to Mr. Brainerd, and he took his seat in the Senate. great and extensive that motive would be) could by a simple resolu­ And I think there was another Senator sworn .in. but I will not tion declare that our credentials were invalid and out we should go; take the trouble to look; I said two a moment ago, but that is of no that does not appear to have been thought necessary yet,-we have consequence. And I believe, Mr. President, that only a session or not asked unanimous cons~nt for anything. But we who, by grace, two ago, while the late Senator from Ohio, Mr. Thurman, was occu­ or law, or whatever, are yet entitled to represent our States in this pying the office of President p1·o tempore of this body and was unable body, are endeavoring to understand, and a.re endeavoring, I confess, to be present on one occasion and, therefore, his office legally would to have the people of the United States understand, upon what ground fall and a new presiding officer would be elected, it was moved that it is that two States whose relations to the Union and to this body are Ron. Mr. Eaton (if I recollect the Senator aright) be made President unquestioned, that three Senators whose credentials are unassailed,. pro tempore for that day, and that was done. Indeed I need not take now on your table and standing here ready to be sworn, shall not be. time, I think, to discuss a proposition so plain. That is what we intend shall be understood, and in doing that we ask I repeat, we can have a President pro tempore for this day and for no consent. We follow the law, we follow democratic precedent, which this occasion. We can follow the law and call or rather admit to down to this time whenever it has been desired either for convenience their just seats in the deliberations of this body the representatives or for right bas sworn in Senators of both parties before it proceeded of two States, and then proceed to-morrow to determine,_ who shall to the election of an indefinite President pro ternp01·e. If it be thought be President pro tempore for that day or any other. Unless, I repeat, that some patriotic impulse inspires you to reverse that and to accom­ we desire to prevent those States from taking part in an important plish what you know cannot be accomplished without the exclusion act belonging to this body we can permit them to exert their lawful of these States, do it. rights conformably to the Constitution, conformably to the letter of There is an ancient saying that bas proved true forever that tbeSJ the law which my learned friend from Arkansas desires to follow, con- who take the sword will perish by it; and I think if we believe at 510 CONGRESSIONAL RECORD- SENATE. OCTOBER 10,

all in free institutions with orderly government, (and I do,) that they Pe~d.ing these exclusions from the Senate the gravest matters of who by methods and by will achieve advantages by the exclnsion of P.nbhc n~terest were enacted by this body; yon entered into legisla­ their equals from the conference out of which they are to come will tive sesstons; you pursued the even tenor of your way in imposing reap bitter fruit in the end. laws upon our States to which the people were bound to yield obedi­ I think that whatever fruit is ~ained from that will be ashes of the ence, and yet yon silenced the suffrage of Alabama and Mississippi bitterest description. But that lB for the future. For the present it a~d South Car?lina and Louisiana in this body without remorse and is our mission to appeal to you Senators by the precedents of your own Without. the slightest appearance of sympathy or of feeling. You party, by the conduct of your own honorable predecessors, by the entered m to execn ti ve session and con firmed nominations, often of men spirit and the letter of the Constitution, in this way that does com­ who exercised the functions of their offices within these several States, ply with the law in every particular, letter and spirit, to give your and yet no voice was raised even to intimate that these States were sister States the right that yon are to exercise yourselves of choosing the equals of other States in this Union and should be admitted to the presiding officer of this body. their suffrage in this body. Now there appears to be a purpose suf­ My learned friend from Arkansas says, "Why, yon can turn, him ficiently urgent to animate the honorable Senator from Vermont to out to-morrow." True; but why do we shut our eyes, when the eyes a very earnest advocacy of the doctrine we then contended for, and of all the world are open elsewhere, to the fact that apparently, prob­ which we yet admit to be just and true. Not content, however, with ably it may be, yon are to achieve this thing and put it out of the an urgent and vehement presentation of this doctrine, the honorable power of thes~ Senators whom yon deny a voice now to overturn your Senator from Vermont even taunts this side of the Chamber because resolution Y That is what it is. It is somewhat bare, therefore, of we are not willing to abdicate a solemn and sworn duty to obey the reason to say, "Exclude these gentlemen now becanse having come laws and Constitution of this country in the organization of this in they can participate in the rectification of the error, if it be an august body. There seems to be in the contemplation of the Senator error that we are now to commit by elect.ing the wrong gentleman some great crime which we are about to perpetrate, becanse we fol­ President of the Senate." No, Mr. President, it stands upon that low the mandate of the laws. deeper, broader gronnd that if by any possible expedient of this body Let us inquire, Mr. Chairman-suppose it had turned out that the it can be avoided, no State, great or small, is to be excluded from Senate of the United States had by the Constitution tha duty de­ the first as well as the last act that this body is to do, whether it be volved upon it in last February of the election of a Vice-Presideat trifling or whether it be important, for among equals all are equal, of the United States, in case the electoral college had failed to make and if the voice of equals is to be heard the voice of all the equals is to a choice, who would become President of the United States in the be heard at the same time if it can be done consistently with law. event of no election by the Honse. At the time of the count of the You admit. that it can be done consistently with law; you admit electoral votes there was a majority I believe of seven democrats in that this present proposition follows the very statute upon which this body. Suppose that this duty had been devolved upon the Sen­ you stand. Why will you not do it f Do yon think that Lewis Cass ate when we had seven majority, would any man have expected the and James Shields and- David R. Atchison and that great array of democratic party in this body to have elected a republican to that names appearing in the Journal of 1854 committed a mistake when office Y Why surely the world would have considered that we had they provided that there should be a President p1'o tentpo1·e for one abdicated the most solemn duty that rested upon ns with reference -day in order that the new Senators to come in (as I must suppose) to our relations to the States and. people that sent us to this body. should be sworn and then participate on the next day in the choice Precisely in that very light does the question stand to-day. Here we 'Of a President pro tempore to hold indefinitely at the will of the Sen­ are by law, and not by our act, plaood in a majority of this body, and -ate t Do you think that they mistook the meaning ·of the Constitu­ is it expected of us that, representing the States that sent us here, tion and that just regard for the rights of their equals to speak as we shall do otherwise than we would have done last February when well as they Y It may be that you do. I must suppose that yon our majority was seven members in this body f The parallel is-So 'think so, and that the shades of Cass and Shields and all the others plain in reference to the obligations of our duty that it seems to be are roaming uneasily in whatever departed good land they may be, impossible to disregard the conclusions to which it leads. as they now hear, as we may hope, our deliberations, at the mistake A State of this Union by the act of both its Senators retired from 'they bad committed which their wiser children are about to avoid. thls body during the last called session. That State, so far as the There used to be an old phrase, Mr. President, Senators could affect its relations to the Senate of the United States, 0 Shame, where is thy blush 7 seceded from this body. They were not provoked to that by any con­ but I believe that, like the methods of tb.e fathers, like the practice duct on the part of the democrats in the Senate. It was their own of Cass and his associates, has gone by, and our modern shame, if act of voluntary imprudence or impropriety. We had then no re­ such a thing exist, has lost her blush and that it has come to be a sponsibility resting upon us, and we have none now, for the with­ fixed purpose of any temporary and accidental power in this body drawal of the State of New York from this body. growing out of the constant changes of Senators by expiration of Then it was our right and it was our duty, if the opportunity had terms or death or resignation to exclude their fellows and their been allowed us1 to have selected a President pro tempore of the Sen­ ·equals until they can grasp something that 'if their fellows and ate who, according to all the laws and rules governing in such cases, ·equals were present they could not grasp. Well, as I say, sir, the would have entered on the duties and functions of his office without future will rectify it if it be done. the necessity of this second called session of the Senate. What bas Mr. MORGAN. Mr. President, notwithstanding the great misfor­ made it necessary that the President of the United States should tunes that have befallen the Senate and the country, we still have assemble this Senate to-day in extraordinary session T Nothing but '-Something left upon tvhioh to congratulate ourselves; and that is the fact that that same gentleman while occupying the office of Vice­ the exhibition in the Senate this morning of the fact that the Sen­ President and presiding in the Senate chose not to follow the almo t ·ator from Vermont, after having by his vote and voice frequently unbroken traditions of this body in withdrawing from it and allowing -participated in excluding sovereign StateR from a voice in this Sen­ a President pro tentpore to be elected. He was snRtained in that course ·ate, has at last come to the conclnsiQn that they must be admitted of conduct, doubtless, by his party. Then it was apprehended, I dare whenever the credentials of Senators are pre ented, without investi­ say, as it is now, that we would elect a distinguished and worthy .gation and without inquiry even on the part of the Senate or of Sen- democrat to fill that office, and we would have voted on that occasion ators. The country is evidently progressing towards a better condi­ to elect a democrat, and would have been bonnd in honor as demo­ tion, towards a state of relief from tbat very stringent rule which crats to have done so, as was conceded virtually by the fact tha.t the has been applied so freqn3ntly to m~mbers of the Senate on this side Vice-President declined to yield the chair according to the custom 'Of the Chamber by which they were compelled, though having full and allow us to elect. So to-day finding ourselves here with a major­ and lawful cred~ntials, to stan<\ ;;nonking at the door of the Senate ity capable of electing a President of the Senate, it seems to me to be for days and woelm and months rmd years, barred out by the vote of an interference in the freedom of our will for Senators on the other -the Senator merely becam:~ he desired to have inquiry made before side to demand that we should yield the power which they have thus -our credentials were permitted to have their full legal weight in this placed in our hands and allow them to elect a republican President body. The examples stand around me so thick to-day of the injus­ of the Senate. . tice inflicted upon States of the American Union by this course of That is the si tnation now, so far as the facts are concerned. This procedure, that it would seem almost unnecessary that I should men- body met here this morning, and is now in session in what capacity f 1iion the names of States that have been deprived of their suffrage Not as an organized Senate; I scarcely know how to designate it, bot in this body. perhaps the idea of a grand committee is the most appropriate with Here is the State of South Carolina that was kept out for months which to signify or to express the view that I entertain of the pre ent •and years. The State of Louisiana was disbarred her right to come condition of this body. Convoked by the President of the United into the Senate of the United States upon proper and lawful creden­ States, Senators met here, and by nnanimons consent the honorable tials. The State of Mississippi was compelled to sta.nd here when Senator from Tennessee [Mr. HARRIS] called the body to order; he the honorable Senator who now occupies the seat in my rear [Mr. now occupies the chair, and we are proceeding with the necessary LAMAR] brought lawful credentials from a lawful Legislature, pre­ legalst.eps to organize a legal, constitutional Senate. The Senators sented them to this body, and without reasonable excuse he was de­ are here; motions and resolutions are pending, a.nd we are discussing layed in his admission for two days. The State of .Alabama in the them under this consent with the view to the organization of a lawful, person of the Senator who now addreSRes the body was in like man­ constitutional Senate. We could not at this moment of time, for ner excluded. And never did the Senator from Vermont rise (IJ)On instance, send ames age to the President of the United States that the :floor to demanci that these Senators should have their right to a the Senate is organized and ready to receive from him any communi­ voice and their "suffrage" according to the language of the Consti­ cation he might choose to send to ns, the reason being that we are not tution in this body. yet a Senate. Then comes the la.w of the land, enacted in the very 1881. CONGRESSIONAL RECORD- SENATE. 511

beginning of the Government, which prescribes that the President of to say whether such substantial objections exist or not; but q.noting, the Senate shall administer the oath of office to Senators, and then not literally, but according to the general tenor of what has been said, •comes the rnle of the Senate which prescribes that in addition thereto from the great leadhlg republican journals of the State of New York, this oath shall be administered in the open Senate, and by the Presi­ it might well be supposed that Senators on this side of the Chamber -dent of the Senate. Now, we are endeavoring t.o follow this law and would desire at least a brief moment of examination before they con­ this rule so as to execute the law in obedience to what we conceive cluded to take Senators from aLegislatnreone member of which stands to be our sworn duty as Senators. indicted for bribing another in reference to the election of a Senator, .AP, to where the choice shall fall, that is a matter of little conse­ and which attained to such ignoble reputation among the leading -quence compared with the great duty that is devolved upon us by republican journals of the State of New York a-s that it became the the Constitution and laws of this country. We are now proceeding subject of reproach throughout the whole civilized world a-s to the cor­ to execute that law, and the honorable Senator from Vermont arises ruption which stained that body. Perhaps we shall be pardoned even .and reads a precedent, and he invites us by following that precedent in this great exigency,for which we are not responsible and which has to abandon our duty under the law. He cites us to the fact that some compelled the calling of this Senate together, if we should lend an '<>f the most eminent democrats in. the country on one occasion felt attentive ear to the complaints that have been made by the republican themselves at liberty in their own consciences to abdicate a duty party against the conduct of a republican Legislature in New York. under the law. The ready reply to that is that the more steadily But the Senator from Vermont would crowd these credentials upon us and uniformly and consistently we observe the laws of the land the and have these Senators admitted even when constitutional questions 'better and higher example we set to the people and all other depart­ are urged in reference to the fact of their lawful election to this body. ments of this Government, and we can find no excuse in f9llowing a Why is this done unless the Senator desires to escape from the investi­ precedent which Senators must logically concede is contrary to and in gation which it maybenecessarytoinstitnte and conduct, and to find violation of law. That is enough for us; it surely is enough for me. a summary remedy for the evils and difficulties which have been .My conduct will be governed and gnided strictly by that consideration. brought upon the country solely by the action of the party which he The honorable Senator from Arkansas [Mr. GARLAND] perhaps might leads so splendidly here f have conceded-! believe he did not intend to do so-that by unani­ I repeat, sir, we are not responsible for this called session of this mous consent the Senate of the United States could prescribe a method body. I repeat, sir, that if Mr. Arthur had retired from that chair

from the State of New York have resigned when they onght not tG Senator from Vermont that he is pushing us to conclusions with ex­ have resigned, it is not strange to me, as it sometimes happened I traordinary rapidity, not only at the expense of the law of the land believe in the Roman fornm when causes of justice were being de­ and the rules of the Senate, but, as we fear very much, at the expense cided, that the populace should add their constitutional views to of real substantial justice to this body and to the country. The e such an occasion and such an argument. credentials have only been read this morning, and there is perhaps But are we to be told, sir, seriously that any want of proper con­ not a Senator here who has retained in his mind a thorough under­ duct-and I am far from believing there was any although I know standing of what they certify to. I dare say that the eye of adem­ nothing about it, having been ill and absent at the time-in the ocratic Senator has never rested upon the papers which have been Vice-President of the United States, or supposing that the Senators presented. Certainly no opportunity of investigation whatever has from the State of New York betrayed their trust-and I have no been accorded to us. It has been intimated that not only frauds pre­ right or authority or wish to express any opinion upon the subject; vailed in the Legislature of New York, but it also has been stronglv they certainly did not betray it for they had a right to surrender it; intimated and urged that there was a want of constitutional powe'r or suppose they did anything that was unfair and not right, is that in that Legislature w.nder the Constitution of the United States and a reason why the people of the great State of New York and under of the State of New York to elect these Senators at the time they the Constitution the equally great State 6f Rhode Island, who fail were elected. Are we to have no moment of time for the considera­ to be represented for a. different cause, are to be punished for that, tion of these grave questione, and are we to admit Senators here and now when we have met as we are and their newly chosen repre­ when, perchance, it may afterwards turn out that we violate the Con­ sentatives are here that yon are to refnse to allow them to participate stitution in admitting them, because they were not elected by bodies in our proceedings f My friend's case wonld have been a precedent, having authority to electf Let us take matters a little more quietly, a bad one it is true, but it would have been a precedent if on that a little more sedately; let ·us observe the law of the land in the occasion to which he refers three Senators' credentials had been pre­ method of organizing this body, and we shall give to ourselves and sented and the ruling majority had refused to allow them to be sworn to the country far more satisfaction t'han we should if from any mo­ until those who were in slionld have chosen a President pro tempore tive, it makes no difference how good it might be, we should under­ whom they hoped when the others did come in conld not be ousted take to treat the laws on the statute-book with disdainful and con­ from his office. Then it would have been a case in point, not now. temptuous scorn upon the idea that they were interrupting the Sen­ Mr. MORGAN. Mr. President, I deny that this side of the Chamber ate in the discharge of its duty. have refused to admit Senators from New York or the Senator from <:>ne more word, Mr. Chairman. The amendment which is now pend­ Rhode Island said to be elected to this body. That subject has not ing proposes to limit the tenure of office of the President pro tempore been considered. If they have been denied admission into this body to one day, to this day. If we have a right to prescribe that tenure now, it is because the body is not in legal position to admit them. by a resolution of the Senate to the office of President pro tem~re of The officer prescribed by the law and the rnle of the Senate is not yet this body, we have an equal right to prescribe a year. Whenever you in existence who has authority to admit them into office by adminis­ assume to yourselves the right and power to prescribe the tenure of tering to them the required oath of office. We follow the law and that office yon thereby assume the right to forestall the Senate in support and sustain it in its refusal to admit these gentlemen as setting aside or disregarding the tenure which you have established members of this body until they can come in regularly as all other by your resolution, so that it must follow legitimately and legally members of this body are required to do, and as, doubtless, the good that if we can say that the President pro tempore to be elected shall of the country requires that they should do. Otherwise we should be chosen only for a day we should have an equal right to say he not find, as I have before observed, such stringent guards in the stat­ should be chosen only for an hour, and an equal right to say that he utes and in the rules of the Senate restricting their induction into should be chosen for a year, or during the whole presidential term of office. That is the fair statement of the situation so far as they are Mr. Arthur. And yet here stands the action of the Senate of the concerned. United States matured in its wisdom, and I believe taken from a I might retort upon the honorable Senator and say to him that he report of a committee, the chairman of which was Hon. Oliver P. exhibits remarkable anxiety, and I think very great haste, in under­ Morton, in which it was solemnly decided-the honorable Senator taking to sweep from the statute-book laws that are binding upon us, from Arkansas [Mr. GARLAND 1 read the resolution-that the office of and from the rules of the Senate rnles which have been acted upon President pro tempore of the Senate is always under the control of for many years here, in order that he may have some support in doing this body. Now, sir, when we have adopted this resolution suppose what T As far as I know, in bringing the Senate again into a dis­ this session lasts until midnight. graceful dea-dlock. Perhaps it might tum out otherwise ; I venture Mr. VEST. I think it was the Senator from Vermont who reported no prediction upon that subject; but for nearly two months of this that resolution. year we have found the Senate of the United States with equally Mr. MORGAN. If so, the argument would be only the stronger. divided parties unable to execute any of the business of the country Mr. EDMUNDS. My friend is mistaken. I think that resolution because o.f such condition. was reported from the Committee on Privileges and Elections, of Mr. EDMUNDS. Will the Senator allow me to ask him why itwaa which I was never a member to the best of my knowledge and belief• unable t · .Mr. MORGAN. That was my impression. Mr. MORGAN. I think it was because the Senator from Vermont Mr. VEST. I think it came from the Judiciary Committee, of or those with whom he is acting, having first made an arrangement which the Senator was chairman. with a Senator elected as a democrat and for the election of some­ Mr. EDMUNDS. Mr. Morton was never a member of the Judiciary body to the minor offices of the Senate, concluded that it was the Committee in my time. duty of the republican party on that side by any meaoti, whether Mr. VEST. It was a resolution of the Senator from Vermont, I sustained by law or morals it made no difference, to break down the think. party on this side and build up the part'y on that. That is my con­ . Mr. MORGAN. That resolution is just as thoroughly the law of viction about it. The Senator asks for an opinion. this Senate as any resolution ever adopted. Mr. EDMUNDS. The Senator will allow me to say that, according Mr. EDMUNDS. There is no doubt of its correctness. It is per­ to the best of my knowledge, information, and belief, he is mistaken fectly clear. :first as to his fact, as to any arrangement whatever. Second, if he Mr. MORGAN. And it subjects the office of President pro tent­ will allow me to say it ia his time, through his kindness, he is mis­ pore of the Senata to the will and pleasure of the Senate at all times taken as to his second proposition that a deadlock was occasioned. without exception. If, then, we prescribe that the Pre ident of the The fact that the Senate failed to pass a particular resolution, which Senate pro temp(Jre to be elected to-day shall be elected only for this was a lawful and orderly one, grew out of the circumstance that a day, it must follow, as a matter of course, that, after that resolution body of Senators in this Chamber-and ten could have done it as has been adopted and has passed beyond the period of reconsidera­ well as thirty-seven-obstructed and prevented the Senate from tion, it must stand as the law of the Senate until it is repealed by coming to any vote upon it, as any Senators can do on this now from some other resolution. So that the Senate of the United States is • this time until December. now call~d upon to violate its own solemn declaration, its own tra­ Mr. MORGAN. Educated to that particular science of tactics and ditional policy, its own avowal of its right under the Constitution, strategy by some ten or twelve days of obstruction in which the Sen­ and for this special occasion to limit itself to a particular line of ac­ ator from Vermont-not he, but his party in the Senate-led the tion and the office of President p1·o tempore to a certain fixed tenure. way. The Senator from Vermont might do as has been heretofore done on Mr. EDMUNDS. I think the Senator is again mistaken. one occasion, ofl'er a resolution that the President pro tempore of the Mr. MORGAN. They set up a pretense of high moral, political, Senate shall be elected and take his seat for the purpo e only of qual­ and constitutional duty for obstructing the proceedings of the Senate ifying Senators, by administering the oath to them. Perbap the until men could beelected by Legislatures or appointed by governors, Senator from Vermont may yet come forward with an amendment of in order to fill up the Senate and create a majority of this body. Per­ that kind. I do not know how far his genius and enterprh;e may haps we might say that "honors were easy" on that occasion so far lead him in arranging propositions for the purpose of defeating the as the practice of the two parties in the Senate was concerned. The law of the land and the · rules of the Senate aa they are laid down honorable Senator asked me why I had come to certain conclusions and prescribed in the book. or made certain statements here, and in answer to that I stated my But we should have just as much right to say that the President own convictions on the subject drawn from the facts as they presented pro tempore of the Senate should be chosen for the sole pnrpo e of themselves to my mind. Perhaps I am wrong; I hope that I am, but swearing in the Senators from New York and Rhode Is!.and as we should I do not believe it. have to say that be should be elected only for to-day. Suppo e that Now, Mr. President, I say that I could retort upon the honorable aftet we had elected him for to-day the President of the United States 1881. CONGRESSIONAL RECORD-SENATE. 513 should become disabled for the discharge of his duties, what would 1849, the same thing occurred; and upon March 4, 1857; upon March then be the condition of affairs! _Perhaps, without the will of the 4, 1863; upon March 5, 1877 ; upon March 4, 1837; and in only two three Senators who are not yet admitted, the gentleman whom we instances in the history of this country has the oath of office ever been might select would become instantly the acting President of the United administered to new Senators by a Senator upon this floor instead of States, a.nd that beyond the power of the Senate to undo him, beca:_use a President pro tempore. they had elected ~im for to-day ~nd tha~ means ~nder the Const_ltu­ Mr. EDMUNDS. If the Senator will permit me­ tion as I construe It, for the full time until a President of the Umted Mr. VEST. Certainly. States is elected or until the disability is removed. Mr. EDMUNDS. The Senator is perfectly correct in his history, Mr. EDMUNDS. That is not the law. but his statement, as it appears to me, with great respect, differed a Mr. MORGAN. That is my view of the law in reference to the little from the history. He said it was determined that they should (!evolution of the office or the duties of the office of President of the not be sworn in until a President pro tempore was elected. I differ United States upon the President pro tempore of the Senate. with him. No question was raised, no application was made, and, I Mr. Chairman, I would gladly yield to the other side of this Cham­ repeat, in the two instances that he names which are the only ones ber the responsibility of what they now so urgently and so earnestly that exist where any Senator proposed that that should be done, in­ demand ; I would gladly yield it, looking to the interests of the dem­ asmuch as parties stood so that it would make no difference, it was ocratic party, and looking to the gratification ~f my own feelings_; done. but, sir, we are here for the purpose of execntmg the laws of thiS Mr. VEST. Yet the Senator from Vermont assumes that Clay, Cal­ land, and I do not understand that I have any authority otherwise houn, Webster, Benton, Shields, Collamer, the great constitutional than by the regular course of legislative proceedings to repeal and lawyers of that day, the defenders of popular rights and the sover­ to nullify or annul those laws. While they stand on the statute­ eignty of States, were ignorant of the righta of Senators and the book they must be followed by me. laws of the land. Sir, I deny it in defense of the memory of these Mr. VEST. Mr. President, I have no disposition to enter into a par­ great men. I say no man raised the question until1E53. The act of tisan discussion at any time, and especially at a time like the present. Congress was passed June 1, 1789; and the precedents are unbroken Certainly the question before us, however, presented by the Senator down to 185~; and I make the statement now in regard to that case from Vermont, is one on which I think there need be very little de­ to relieve the conscience of the Senator from Vermont. On Decem· bate. When that Senator uses the expression that the democratic ber 20, 1852, David R. Atchison, of the State of.Missouri, was elected party now seeks to take advantage of assassination I conceive it President pro ternpo1·e of the Senate in place of 'Villiam R. King, the unworthy a disousMion of this kind. I might say to that Senator that President pro tempore at that time of the Senate, who resigned and the blow which struck down the late President of the United States went to Cuba on account of ill-health. At the succeeding session of had no aspiration in it for democratic success, but it w~ for a faction the Senate in March, 1853, the question was mooted whether Mr. of the republican party. If there be responsibility, direct or indirect, Atchison continued to be President pro tempore of the Senate, that it rests there and not on us. I charge it not, but I repeat that the session having expired, or whether he was out of office by virtue of the intimation, the suspicion that the democracy of this country have any­ expiration of the session. Some of the best lawyers then upon this thing else but tears to shed for that terrible event, and anything but floor and in the Union held to the opinion, as the Senator from Ver­ execration for that miserable offender, is utterly unfounded and cru­ mont very well knows, that with the expiration of the session the elly unjust. incumbent of the office of President pro tempo1·e went out of office. But, Mr. President, we are told now, as the shadows of the immor­ Mr. Atchison, in view of tws extraordinary contingency and this novel tal dead are invoked, that the democratic party seeks to exclude from question, submitted, as l:Ashonld have done in all delicacy and fair­ the deliberations of this Hall two sovereign States of this Union with­ ness, the question to his brothe.r Senators. I know from information out law and without excuse. I might again retort, when did the re­ derived from him (for in the providence of God he is yet an honored publican party learn to confine themselves within the letter of the citizen of the State of Missouri) that his motive was in delicacy law where partisan advantage was sought to be obtained¥ But, sir, and fairness to ascertain beyond any question what the real legal I am willing to stand in the presence of the immortal dead and try status of the ca,se was at that time. A compromise was the result, a this question. The Senator from Vermont has invoked the shade of compromise by which it was determined, by general and universal my illustrious predecessor upon this floor, that gallant man who illus­ consent, that the oldest Senator should swear in the new Senators. trated his valor and his fidelity to the American flag on many a blooay That is the whole of it, and that is the instance which the Senator battle-field-James Shields. I stand here and make my argument be­ from Vermont invokes·here to-day to break down the law of Congress, fore his spirit and the other illustrious dead who are now with him the rule of the Senate, and the unbroken precedents of this country in the land of shadows. since 1792. On the congressional records of this country are nine instances paral­ Sir, we can afford to submit any such case to the people of these lel with the case now before the Senate. 1 say now to the Senator United States. We can afford to go to the country and let them say from Vermont, and I challenge contradiction, that in some of these whether the democratic party seeks arbitrarily to wrest power and instances Senators from sovereign States were compelled to stand out­ to rob sovereign States of their equal rights under the Constitution. side of this Chamber while a President p1·o tempore was elected in Mr. President, if the democratic party were the party of vandals order to administer to them the oath. I challenge contradiction from and robbers described on this floor, where would be the majority or the whole republican press of this country and the representativetJ of the Senate to-day¥ Where would be the power a-ccidentally now in the republican party upon this floor when I state that it is shown by the hands of the Senator from Virginia [Mr.1r1AHONE] if eight dem­ the records of the country that seven times out of nine the Senators ocrats upon this side of the Chamber had not been actuated by their here by an overwhelming majority decided that the new Senators be· own conscientious convictions against partisan policy, against spoils, fore being sworn in should stand aside until a President pro tempore against plunder, when they had beyond question the undisputed ma­ of this body was elected in order to administer to them the oath of jority on this floor? Yet in the very teeth of that action of the dem­ office. ocrats, when we had eight majority and gave up the supremacy in Mr. EDMUNDS. AB my honorable friend challenges contradiction this Chamber because eight of us-not myself bnt eight others-be­ will he yield to me to make itt lieved the Constitution and the law required the keeping of the Sen­ Mr. VEST. Certainly. ator from Louisiana [Mr. KELLOGG] the sitting member now upon Mr. EDMUNDS. Then I do contradict it, and I say there is no in­ this floor, we are taunted with being a party of vandals, spoliators, stance in the history of the country in which any Senator-elect has and robbers, who seek to get all they can and hold it afterwards with­ been compelled to stand aside, as his phrase was, until a President out law and without right. pro tempore was elected. There is no instance until this one to-day in At the last session of the Senate if we heard one thing more than which when it was proposed to swear in the new Senators before a any other, and from high and distinguished authority, it was that the President p1·o temp01·e was elected, it was not done. voice of a constitutional majority is the voice of God. Sir, I invoke Mr. VEST. With all respect to the Senator from Vermont, that is the voice of the Deity to-day. I invoke the dogma announced then an evasion of tqe question and of my argument. When Clay, Cal­ by the republican party upon this floor. Where is "the constitutional houn, Webster, and Benton stood upon this floor and· saw fourteen majority!" It happens to be with the democratic party, but it is · new Senators waiting at that door to be sworn in, and determined hardly a divine uttemnce, I take it now. By a party movement of a that they should not enter until a President pro tempore was elected, portion of the republican party, and by the act of Providence which does the Senator pretend to say that they thought sovereign States struck down the generous and brave Sena~or from Rhode Island, it were being excluded from their privileges upon this floor t happens, without any act' on our part, that we to-day hold the major­ Mr. EDMUNDS. But, may I ask my friend, if he will allow me­ ity under the Constitution. In the debate in the Forty-fourth Con­ Mr. VEST. Certainly. gress, upon the very question which has been alluded to to-day, Mr. EDMUNDS. Did they determine that they should stand aside whether the President pro tempore is removable at the option of the until then Y Did a &ingle Senator propose_that they should be sworn Senate, the Senator from Vermont [Mr. EDMUNDS] gave us certain in 'I Did they a-sk it themselves f advice which I propose to follow. I read from an authority so dis­ Mr. VEST. They did determine it by the most solemn official ac­ tinguished and so disinterested. Said that Senator then : tion, under their oaths of office. One fit occasion- Mr. EDMUNDS. Will the Senator kindly refer us to the instance f Mr. VEST. I will, with pleasure, sir. Upon November 5, 179"2, a For the election of a President pto tem,pore: Ono fit occasion would be the absence of the President pro tempore. .Another President jJi'O tempore was elected before new Senators were sworn fit occasion might be his becoming unfit to discharge tho duties of his office. An­ in. Upon March 4, 1841, fourteen new Senators stood outside of this other fit occasion might be as I should say instead of being contrary to propriety, Chamber until a President pro tempore was elected. Upon March 5, in all propriety the case that was mentioned the day before yesterd~~oy, when the XII-33 ( 514 CONGRESSIONAL RECORD-SENATE. OCTOBER 10,

parties of this body being responsible for tho exercise of gov~rnmental powers ~A.YS-34. and for tho course of legislation should ~hange; and 'Yhen parti.es should change Beck, Garland, Johnston, Saulsbury, and one party shoulll fi.rid itself brought mto power mth a. President pro ~mpore Brown, Gt>orge, Jonas, Slater, of the other party in the chair, exercising the great powers that the Pres1~ent of Butler, Gorman, Jones of Florida, Vance, the Senate does exercise, I should say it would be the duty of .that party, mstead Call, Groome, Lamar, Vest, of a wrong, to change the President pro ~mpore, becau.se he 1s th~ ~rgan. of the Camden, Grover, Maxey, Voorhees, responsible body aud without hls being m harmony Wlth the political new~ of Cockrell, Hampton, Morgan, Walker, the ~~:entlemen in' the majority their will might ofte!l be frustrated. He ap.pomts Coke, Hams, Pendleton, Williams. special committees; he does a thousand things wh10h are of the greatest 1IDpor­ Davis of W. Va., Hill of Georgia, Pugh, ta.nce to the political intere ts of the country; and to say that one party may saddle Farley, Jackson, Ransom, another for the time being with a President pro tempore1 and that that o~~r pary;y, when the times shall change, and they be~~e responsible f~r the a.dmmlS~ation A.BSENT-7. of affairs cannot oust hlm and have a. pres1drng officer of thetr own, would, m my Anthony, Davis of illinois, McPherson, Sewell. opinion be contrary to the principles of repu\llican goyernment. A. party cannot Bayard, Fair, Platt, get on that way, and it ought not to get on that war. So the amendment was rejected. And I say "amen" to the declaration. . The PRESIDING OFFICER. The question recurs on the resolution Mr. EDMUNDS. So do I. . proposed by the Senator from Ohio, [Mr. PENDLETON.] Mr. VEST. Sir, if we are in the majority, even if for but t~n mm- Mr. EDMUNDS. On that I ask for the yeas and nays. utes, we are responsible, and it is our duty and our right under the The yeas and nays were ordered· and being taken, resulted-yeas Constitution and under the law to choose our own officers. 34, nays 32; as follows : Mr. President, this is a mandatory statnt~ so far as our duty ~ere YEAS-34. to-day is concerned. We seek to wrest not~~ from the republican Beck, Garland, Johnston, aula bury, party · we seek simply to meet the respons1bihty placed upon us by Brown, George, Jonas, Slater, the la~ of the land, the rule of the Senate, the public sentiment of Butler, Gorman, Jones of Florida, Vance, . the country, and as I honestly believe by the dict11te of conscience Call, Groome, Lamar, Vest, Camden, Grover, Maxey, Voorhees, and of duty. Cockrell, Hampton, Morgan, Walker, The PRESIDING OFFICER. The question is on the amendment Coke, Harris, Pendleton, Williams. proposed by the Senator fro~ Vermont [Mr. EDMUNDS] ~o the reso­ Davis of W.Va., Hill of Georgia, Pugh, lution of the Senator from Ohw, [Mr.PE~DLETON,] on which the yeas Farley, Jackson P.ansom, and navs have been ordered. NA.YS-3'2. Mr. SAULSBURY. Let the amendment be reported. Allison, Ferry, Jones of Ne.-ada, Morrill, Blair, Fr.ve, Kellogg, Plumb, ThePRESIDINGOFFICER. TheChiefClerkwillreporttheamend­ Cameron of Pa., Hale. Logan, Rollins, ment. Cruneron of Wis., Harrison, McDill, Saunders, The CHIEF CLERK. At the end of the resolution it is proposed to Conger, Hawley, McMillan, Sawyer, add the words "for this day;" so as to read: Dawes, Hill of Colorado, Mahone, Sherman, Edgerton, Hoar, Miller, Teller, ll.e8olved, That THOMAS F. BAYARD, a Senator from t!Ie State of Delaware, is Edmunds, Ingalls, Mitchell, VanWyck. hereby chosen President pro tempore of the Senate for this day. .ABSENT-7. The PRESIDING OFFICER. Is the Senate ready for the question Anthony, Dans of Illinois, McPherson, Sewell. upon the amendment T Bayard, Fair, Platt The Chief Clerk proceeded to call the roll. . . So the resolution wa.s agreed to. Mr. ANTHONY, (when his name waa called.) ~pon this questiOn The PRESIDING OFFICER. The Chair appoints the Senator from I am paired with the Senator from Delaware who Sits nearest me, [Mr. Rhode Island [Mr. A..~THO!IT] and the Senator from Ohio [Mr. PE...~­ BAYARD.] . . DLETON] to escort the President pro tentpore of the Senate elect to tho .Mr. McPHERSON, (when his name was called.) I am parred with chair. my colleague, [Mr. SEWELL.] I make the statement once for all. Mr. BAYARD was escorted from his seat by Mr. ANTHONY and Mr. The roll-call was concluded; and the result was announced-yeas PE).TJ>LETON, and upon taking the chair as President pro tentporc of 33, nays 34 ; as follows: the Senate said: YEAS-33. s~~ATORS: I fully appreciate the honorpaid me by this expre sion .Allison, Ferry, Kellogg, Rollins, of your confidence, and in assuming the duties of President pro tern­ Blair, Frye, Logan, Saunders, pore of the Senate in obedience to law and in accordance with the Cameron of Pa., Halet McDill, Sawyer, rules of this body and vote of the majority, I should have greater Cameron of Wis., HarrlSOn, :McMillan, Sherman, Conger, Hawley, Mahone, Teller, misgivings of fnllilliug acceptably the requirements of the post were Davis of Illinois, Hill of Colorado, Miller, VanWyck. it not for the assurance, that so long as I shall continue to exercise Dawes, Hoar, Mitchell, its duties I shall receive your co-operation and friendly aid,-which Edgerron, Ingalls, Morrill, Jones of Nevada, Plumb, I now earnestly and confidently ask at your hands. Edinunds, We are all painfully mindful of the unusual circumstances under NA.YS-34. which we meet, and of the national bereavement which has caused Beck, Garland, Johnston, Saulsbury, Brown, George, Jonas, Slater, this special session of the Senate. Butler, Gi>rman, Jones of Florida, Vance, May it not be hoped that, touched by a sense of common sorrow and Call, . Groome, Lamar, Vest, chastened by a grief that peuetrates every household in our great Camden, Grover, Maxey, Voorhee~ family of States, our proceedings shall be marked by a spirit of con­ Cockrell, Hampton, Morgan, Walker, Coke, Harris, Pendleton, Williams. cession and harmony,-a generous consideration for mutual differences Dans of W. Va., Hill of Georgia, Pugh, of opinion, a softening of partisan asperities, and a high intent to per­ Farley, Jackson, Ransom, form our duties in a manner responsive to tlre demands of the occa­ ABSENT~. sion and the best in~..rests of our common country. Anthony, Fair, Platt, Sewell. With such hopes and in such a spirit I now assume and shall en­ Bayard, McPherson, deavor to perform the duties of the high position to which your favor So the amendment was rejected. has assigned me. The PRESIDING OFFICER. The question recurs on agreeing to CREDE.l."'T!ALS. the resolution proposed by the Senator from Ohio, [Mr. PENDLETON.] 1\lr. EDMUNDS. Mr. President, I again rise to a question of the Mr. EDMUNDS. Mr. Chairman, the edict having been registered, highest privilege. Upon the credentials now lying on your table I in some other place, I fear, that these two Stat~s shall go ~ep.re­ move :first that Hon. Nelson W. Aldrich, Senator-elect from the State sented at this moment, and that the Senate by Its present maJonty of Rhode Island and Providence Plantations, be now sworn into will proceed to elect a President pro teml?ore indefinitely, it is m~ next office. duty to move to strike out the name of Senator BAYARD and msert Mr. PENDLETON. In order that we may have an opportunity of the name of Senator .ANTHo!IT; and so I move to strike out the words, examining the credentials of the Senator·elect whom it is now pro­ "THOl\IA.S F. BAYARD, a Senator from the State of Delaware," and posed to swear in, and the credentials laid upon the table of the two insert the words "HENRY B. ANTno::a, a Senator from the State of· Senators-elect from New York, I move that the Senate adjourn until Rhode Island and of Providence Plantations," to be exact about it; to-morrow at twelve o'clock. and on that I ask for the yeas and nays. Mr. EDMUNDS. On that question I ask for the yeas and nays. The PRESIDING OFFICER. The question is on the amendment The PRESIDENT pro tempore. The Senator from Vermont [Mr. proposed by the Senator from Vermont, [Mr. EDMIDIDS,] upon which Em.ru~--ns] has moved that the oath of office be administered to the Sen­ the yeas and nays are demanded. ator-elect from Rhode Island, and pending the consideration of that The yeas and nays were ordered; and being taken, resulted-yeas 32, motion the Senator from Ohio [Mr. PE~"'DLETO~] has moved that the nays 34 ; as follows : Senate do now adjourn, and upon that the yeas and nays ha.ve been ~2. demanded. Allison, Ferry, Jones of Nevada, Morrill, The yeas and nays were ordered, and the Chief Clerk proceeded to. Blair, Frye Kellogg, Plumb, Cameron of Pa., Hale; Lo~ran. Rollins, call the roll. Cameron of Wis., Harrison, MaDill, Saundars, The name of l\Ir . .ALLisoN was called, and he answered in the neg­ Conger, Hawley, McMillan, Sawyer, ative. Dawes, Hill of Colorado, Mahone, Sherman, Mr. HOAR. I ask leave before the motion is put inquire of th& Edgerron, Hoar, Miller, Teller, to Edmunds, Ingalls, Mitchell, VanWyck. Senator from Ohio if it has ever been known-- 1881. CONGRESSIONAL RECORD- SENATE. 515

The PRESIDE pro tempore. The Senator will pause. Is there Mr. EDMUNDS. May I ask the Senator to whom the paper is ad­ unanimous consent to the remarks of the Senator from Massachu­ dressed t setts' Mr. McPHERSON. It is addressed to the Senate of the United Mr. HOAR. I wish to put merely an inquiry with reference to the States. courtesy due nuder our customs to another branch of the Govern­ :Mr. EDMUNDS. It is then a petition or memorial f ment, whether it has ever been known that the Senate organized and Mr. McPHERSON. And in deference to the right of petition I adjourned without first communicating the fact of its organization have deemed it my duty to present it. I therefore offer the petition to the President of the United States! with the statement that at the proper time I shall move to refer it to Mr. PENDLETON. It was with no dispositisn to prevent a noti­ the appropriate committee. fication to the President of the United States of the organization of Mr. EDMUNDS. As the petition bears or purports to bear upon the Senate that I proposed a motion to adjourn in order to prevent the propriety of the swearing in of these gentlemen, I think it right, the swearing in of the Senators-elect without an opportunity of within the spiri~ of the rule which I have stood upon, not to object examining their credentials. With the unanimous consent of the to its reception in connection with this question, and I do not object. Senate I will withdraw the motion to adjourn that the President of The PRESIDENT p1·o tempo1·e. Is there objection to the reception the United States may be notified of the organization of the Senate. of the petition pending the motion of the Senator from Vermont ? I had some doubt of its propriety. ["None."] The Chair hears none and the petition is received and The PRESIDENT p1·o tempore. Is there objection to the with­ will lie upon the table. The question is upon the motion of the Sen­ drawal by the Senator from Ohio of his motion to adjourn, the Chair ator from Vermont, that the Senators-elect from the State of New understanding that the roll-call ha-d commenced and that one Sena­ York be now sworn into office. [Putting the question.] The "ayes' ~ tor had already answered to his name ' have it. The Senators-elect will step forward to the desk and take Mr. PENDLETON. The withdrawal will only be for the purpose the oaths of office. of entertaining a motion to notify the President of the organization Mr. LAPHAM and Mr. MILLER advanced to the Vice-President's of the Senate. desk, escorted respectively by Mr. EDMU~DS and Mr. SHERMA..'f, and Mr. EDMUNDS. That being the purpose, I feel obliged as a mat­ the oaths prescribed by the acts of June 1, 1789, and July 2, l 8G2,. ter of higher privilege than notifying the President of the United having been administered to them, they took their seats in the Senate. States to insist upon the right of these States to be first tried and either let in or excluded. NOTIFICATIO~ TO THE PRESIDENII'. Mr. PENDLETON and others. Let the roll be called. Mr. PENDLETON submitted the following resolution; which was. The PRESIDENT pro tempore. The call of the roll on the motion considered by unanimous consent, and agreed to: to adjourn will proceed. Resolved, Tha.t.a committet', censisting of two Sena.to~. be appointed to wait 0 11o The question being taken by yeas and nays, resulted-yea-s 35, nays the President of the United States and inform him that a qusrum of the Senatf) has assembled, and that Hon. THOMAS F. BAYARD, a. Senator from the State of Del­ 34 ; as follows : aware, has been chosen President pro tempore of the Senate, and that the Senat~ YEAS-35. is ready to receive any communication he may be pleased to make. Bayard, Farley, Jackson, Ransom, Beck. Garland, Johnston, Saulsbury, The PRESIDENT pro tempore. How shall the committee be apr Brown, George, Jonas, Slater, pointed' Butler, Gorman, Jones of FloridA, Vance, Mr. COCKRELL and qthers. By the Chair. Call, Groome, Lamar, Vest, Oamden, Grover, Maxey, Voorhees, The PRESIDENT pro tempore. If there be no objection, the Cham Cockrell, Hampton, Mor~an, Walker, will appoint the Senator from Ohio [Mr. PEm>LETON} and the Senatoli· Coke, Ha.ITlS, Pendleton, Willia.ms. from Rhode Island [Mr. ANTHONY] as such committee. Hill of Georgia, Pugh, Davis of W. Va., HOUR OF MEETING. NAYS--34. Allison, Edmunds, Jones of N eva.da., Plumb, Mr. COCKRELL submitted the following resolution; which was Anthony, Ferry, Kellogg, Rollins considered by unanimous consent, and agreed to : Blair, Frye, Lo~an. Saunde~s , Resolved, That the hour of the daily meeting of the Senate be twelve o'clock Cameron of Pa.. , Hale, McDill, Sawyer, meridian, until otherwise ordered. Cameron of Wis., Harrison, McMillan, Sherman, Conger, Hawley, · Mahone, Teller, RECESS. Davis of lllinois, Hill of Colorado, :Miller, VanWyck. Mr. HARRIS, (at twelve o'clock and fifteen minutes p.m.) I move Dawes, Hoa.r, Mitchell, that the Senate take a recess for one hour. Edgerton, Ingalls, Morrill, Mr. DAVIS, of illinois, and others. Say half an hour. ABSENT-4. Mr. HARRIS. At the 1mggestion of several Senators around me I Fair, McPherson, Platt, Sewell. will mpdify my motion and say a recess of half an hour instead of an So the motion was agreed to; and (at two o'clock and fifty-eight hour. minutes p.m.) the Senate adjourned until to-morrow at twelve o'clock. The PRESIDENT p1'o tmnpm·e. The question is on the motion of the Senator from Tennessee, that the Senate take a recess for half an hour• . The motion was agreed to; and at the expiration of the recess (at-. twelve o'clock and forty-five minutes p.m.) the Senate reassembled._ TUESDAY, October 11, 1881. STANDING COMMI'ITEES. Mr. EDMUNDS. Mr. President, I offer the following resolution:· Prayer by the Chaplain, Rev. J. J. BULLOCK, D. D. Resolved, That the standing committees of the Senate as they were constituted1 The Journal of yesterday's proceedings was read and approved. at the close of the last session of the Senate be continued for the present session,_ and that the President pro tempore be autltorized to fill up any vacancies now. SWEABING L'f OF SE..,ATORS. existing in said committees respectively. :Mr. EDMUNJ:?S. Mr. President, as a question of the highest privi­ ·Mr. HARRIS. Mr. President, let that resolution go over. lege under the rule that I read yesterday, I ask that the oaths of office The PRESIDENT p1·o tem.po1·e. Under the rnle the resolution will be administered to Mr. Aldrich, and I shall follow that, it being dis­ lie over. posed of, with asking the same thing as to the other Senators-elect. CO:\IMUNICATION WITH THE PRESIDENT.' The PRESIDENT p1'o tempore. The Senator from Vermont moves Mr. PENDLETO~ and Mr. Al'fTHONY, the committee appointed to that the oaths of office be administered to the Senator-elect from Rhode wait upon the President of the United StateR and notify him of the . Island. The question is on that motion. organization-of the Senate, appeared below the bar. The motion was agreed to. Mr. PENDLETON. Mr. President, the committee appointed to The PRESIDENT pro tempm·e. The Senator-elect will please come wait upon the President of the United States and inform l:Mm that a forward for the purpose named. quorum of this body is present, and that it is organized by the elec­ Mr. ALDRICH advanced to the Vice-President's desk, escorted by Mr. tion of Mr. BAYARD as President p1'o tempore, has performed that duty ­ ANTHONY, and the oa~hs prescribed by the acts of June 1, 1789, and and received from the President an answer that he would communi­ July 2, 1862, having been administered to him, he took his seat in the cate with the· Senate in writing to-morrow morning. Senate. ACCOUNTS OF SECRETARY BURCH. Mr. EDMUNDS. Mr. President, I now move that the oaths of office The PRESIDENT The Chair will lay before the Senate. be administered to the two Senators~elect from the State of New York, pro tempore. Mr. Miller and Mr. Lapham, who are present. a communication from the financial clerk and have it read. Mr. McPHERSON. Pending that question, I rise to present a peti­ The Chief Clerk rea-d as follows : t ion. I hold in my hand a petition,.. or rather a paper affecting the OFFICE OF SECRETARY OF THE UNITED STATES SENATE, motion of the Senator from Vermont. It is a commumcation1 signed # Washington, October 10, 1881. by certain members of the Legislature of the State of New York, Sm: The death of Hon. John 0. Burch, late Secretary of the Senate, on the 28th. of July, 1881, having rendered impossible my compillmce with section 62 of theRe-­ alleging certain reasons why Hon. Warner Miller and Ron. Elbddge vised Statutes, I have the honor ro submit herewith directly to the Senate a full G. Lapham are not entitled to seats in this body. With respect to and complete statement of the receipts and expenditures of the Senate, showing : the allegations I know nothing, and I have not the personal acquaint­ in detail the items of expense under proper appropriations, the aggregate thereof, ance of any of the gentlemen who have si~ed the petition. I do and exhibiting the exact condition of all public moneys received, paid out, and. remaining on nand from July 1, 1880, t() July 3, 1881. not offer it now with any desire to delay act10n upon the administer­ Also, a statement of balances on hand, amounts drawn, and the disposition made, ing of the oath to the gentlemen named. of such funds from the 4th of July, 1!!!31, t() the 6th of August, 18!!1, accompanied,