1- , . ' . 1889. CONGRESSIONAL RECORD-SENATE. 2l

NOMINATIONS. James V. Campbell, to be postmaster at Ada, in the county of No:r- Executive nominations received by the Senate the 14th day of March, 1889. man, and State of Minnesota, in the place of Fred. Pichler, resigned. SAMOAN COMMISSIONERS. GOVERNOR OF ARIZONA. John A. ~asson, of Iowa; William Walter Phelps, of New Jersey, Lewis Wolfley, of Tucson, Ariz., to be governor of Arizona, vice C. and George H. Bates, of Delaware, to be commissioners to represent Meyer Zulick,·to be removed. the United States at the conference to be held in Berlin concerning af­ UNITED ST.ATES .ATTORNEY. fairs in the Samoan Islands. Rathbone Gardner, of Rhode Island, to be attorney of the United UNITED STATES .ATTORNEY. States for the district of Rhode Island, to succeed David S. Baker, jr., Elbert D. Weed, of Montana, to be attorney of tbe United States for whose term of office expires on March 23, 1889. the Territory of Montana, vice Robert B. Smith, resigned. . .,. COLLECTOR OF CUSTOMS. WITHDRAW AL. Jeremiah Sullivan, of Montana, to be collector of customs for the To the Senate of the United States: district of Montfi.na and Idal\o, in the Territories of Montana and Idaho, I hereby withdraw the nomination of Elbert D. Weed, of Montana, to be mar­ to succeed Thomas A. Cummings, whose term of office has expired by shal of the United States for the TelTitory of Montana. BENJ. HARRISON. limitation. FIRST .ASSISTANT POSTMASTER-GENERAL. EXECUTIVE MANSION, March 14, 1889. Jam es S. Clarkson, of Iowa, to be First Assistant Postmaster-General, vice Adlai E. Stevenson, resigned. CONFIRMATION. UNITED STATirS MARSHALS. Executive nomination confirmed by the Senate March 14, 1889. ..,_ William L. Dunlap, of Indiana, to be marshal of the United States FIRST ASSISTANT POSTMASTER-GENER.AL. for the district of Indiana, vice Edward Hawkins, to be removed. Elbert D. Weed, of the Territory of Montana, to be marshal of the James S. Clarkson, of Iowa, to be First Assistant Postmaster-General. United States for the Territory of Montana, vice Robert S. Kelley, re­ signed. PROMOTIONS IN THE ARMY. MONDAY, March 18, 1889. Ordnance Department. Prayer by the Chaplain, Rev. J. G. BUTLER, D. D. Lieut. Col. .Adelbert R. Buffington to be colonel, February 28, 1889, The Vice-President resumed the chair. vice Crispin, deceased. The Journal of the proceedings of Thursday last was read and ap­ Maj. Joseph P. Farley, to be lieutenant-colonel, February 28, 1889, proved. vice Buffington, promoted. COMMITTEE ON WOMAN SUFFRAGE. Capt. Otho E. Michaelis, to be major, February 28, 1889, vice Far­ Mr. SHERMAN. I move that the Senate proceed to the considera­ ley, promoted. tion of executive business. Medical Department. Mr. BROWN. Will the Senator from Ohio permit me to introduce Capt. Julius H. Patzki, assistant surgeon, to be surgeon with the a resolution and have it referred? rank of major, February 28, 1889, vice Webster, retired 1rom active Mr. SHERMAN. Certainly; I have no objection. service. Mr. BROWN. The Senator from North Carolina [Mr. VANCE] is First Regiment of Artillery. absent. He is chairman of the Committee on Woman Suffrage. I am First Lieut. Gilbert P. Cotton, to be captain, March· 2, 1889, vice a member of that committee, and he has asked me to present thereso­ Sanger, appointed inspector-general with the rank of major; lution which I send to the desk and have the usual reference made. Second Lieut. Charles H: Hunter, to be :first lieutenant, March 2, He does not request any action on it at present, but he wishes it to take 1889, vice Cotton, promoted. the same course with other resolutions ofa like character. I move that POSTMASTERS. the resolution be referred to the Committee to Audit and Control the William S. Chase, to be postmaster at Sturgis, in the county of Law­ Contingent Expenses of the Senate. rence and Territory of Dakota, the appointment of a postmaster hav­ The VICE-PRESIDENT. The resolution will be read. ing, bylaw, become vested in the President on and after Octoberl, 1888; The Chief Clerk read the resolution,_.as_follows; Resolved, That the Select Committee on Woman Suffrage be authorized to sit George W. Pratt, who was appointed and commissioned by the Presi­ during the recess of the Senate, and to employ a. clerk, to be paid out of the con­ dent, and also nominated to the Senate, not having been confirmed. tingent fund of the Senate. John J. Cutler, to be postmaster at Parker, in the county of Turner Mr. SHERMAN. The resolution goes, under the rule, to the Com­ and Territory of Dakota, in the place of John J. Cutler, whose com­ mittee on Contingent Expenses. mission expired J anuarv 15, 1889. Mr. BROWN'. That was my motion. Kittill O. Walders, to be postmaster at Minot, in the county of The VICE-PRESIDENT. If there be no objection, the resolution Ward and Territory of Dakota, the appointment ofa postmaster for the will be referred to the Committee to Audit and Control the Contingent said office having, by law, become vested in the President on and after Expenses of the Senate. October 1, 1888; William Hope, who was appointed and commissioned by the President, and also nominated to the Senate, not having been RELATIONS WITH MEXICO AND CENTRAL .AMERICA. confirmed. Mr. GIBSON. I wish to call up the resolution which I offered some William Wallace, to be postmaster at Indianapolis, in the county of days ago to constitute a committee on relations with Mexico and Cen­ 1\larion and State of Indiana, in the place of Aquila Jones, sr., whose tral America. commission expires March 30, 1889. Mr. SHERMAN. I have already submi~d a motion to go into Joseph C. Bartlett, to be postmaster at Lake City, in the county ot: executive session, and until that is disposed of other matters will not Wabasha and State of Minnesota, in the place of David 0. Irwin, be in order. whose commission expires March 27, 1889. Mr. GIBSON. It will not take a moment to dispose of the resolu­ James M. Kellogg, to be postmaster at Wickes, in the county of Jef­ tion. I merely wish to make an explanation and to move a reference, or ferson and Territory of 1\Iontana, the appointment of a postmaster for rather to accept the reference proposed by the Senator from Connecti­ the said office having, by law, become vested in the President on and cut [Mr. PLATT]. after January 1, 1889. Mr. SHERMAN. I will withdraw my motion for the present, and Hannibal French, sr., to be postmaster at Sag Harbor, in the county will renew it when the matter the Senator from Louisiana has in charge of Suffolk and State of New York, in the place of Hannibal French, sr., is disposed of. whose commission expired December 11, 1888. Mr. GIBSON. I wish to say one word to show my personal rela­ Samuel C. Moore, to be postmaster at Findlay, in the county of Han­ tions to the resolution. Is the resolution before the Senate? cock and Staw of Ohio, in the place of W. S. Hammaker, re3igned. The VICE-PRESIDENT. The resolution will be read. Robert S. Bowman, to be postmaster at Berwick, in the county of The Chief Clerk read the resolution submitted by Mr. GIBSON March Columbia and State of Pennsylvania, in the place of Robert S. Bow­ 12, 1889, a..ostmaster at Warren, in the county of on relations with Mexico and Central .America.. Bristol and State of Rhode Island, in the place of Benjamin B. Mar­ Mr. GIBSON. Mr. President, the Senator from Connecticut [Mr. tin, whose commission expired January 30, 1889. PL.A.TT] in his observations on this resolution said that he thought it J. Frank Dalton, to be postmaster at Salem, in the county of Essex ought to be referred to the Committee on Commerce, for that Sena.tors and State of Massachusetts, in the place of J. Frank Dalton, whose felt disinclined to oppose a resolution of this kind because it appeared commission expired February 24, 1889. to emanate from a personal desire of the Senator who offered-the reso­ Guy W. McAlister, to be postmaster at Bucksport, in the county of lution to be upon the committee, or to be chairman of the committee, Hancock and State of Maine, in the place of George H. Snowman, re­ or to visit the country in respect to which his resolution proposed to moved. raise a committee. The Senator from Vermont [Mr. MORRILL] sug- .· .._

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·22 CONGRESSIONAL REOORD-SENATE. MARCH 18,

gested that if this committee was raised he would like to be a member d.istinguished ability, may be considered by the members of the com­ 9f it, a.nd that a palace car with a buffet would be furnished in order mittee who may be appointed now, if such a committee shall be ap­ t'3at the gentlemen who compose the committee might have a good time pointed aga.in to consider the same subject. ih visiting Mexico. The VICE-PRESIDENT. The question is on agreein~tothemotion ., These observations of the Senator from Connecticut and the Senator of the Senator from Connecticut [Mr. PLATT] to refer the resolution from Vermont indicate that the mover of this resolution had some such offered by the Senator from Louisiana [Mr. GmsoN] to the Committee purpose in view, either to have himself appointed chairman of the com- . on Commerce. fnittee or to induce the Senate to instruct the committee to visit Mex­ The motion was agreed to. ico. l\Ir. President, I had no such end in view whatever. My resolu­ COMMITTEE ON ADDITIONAL LIBRARY ACCOMMODATIONS. tion was offered originally as an amendment to the resolution proposed by the Senator from Massachusetts [Mr. HOAR] to constitute a com­ .Mr. VOORHEES submitted the followingresolution; which was re­ mittee on our relations with Canada, and if that amendment had been ferred to the Committee to Audit and Control the ContingentExpenses accepted by him there would have been no necessity whatever for a of the Senate: committee on relations- with Mexico. Resolved, Tbatthe Select Committ.ee on Additional Accommodations for the I offered the resolution because the people of my State and of the Library of Con&'l'ess be. and it is hereby, autholM:ed to sit daring the ensuing recess of Congress, and that aay necessary expense be paid out of the contin­ country adjacent to Mexico are very much interested in the subject of gent fund of the Senate. increasing our trade relations with the Mexican people. There are al­ EXECUTIVE SESSION. ready thirteen steamers plying between the city of New Orleans and Messages in writing were received from the President of the United the ports south of us, constantly occupied in the carrying trade between States by Mr. 0. L. PRUDEN, one of his secretaries. that city and Mexican and Central American sea-ports. The chief M.r. SHERMAN. I renew my motion that the Senate proceed to product is fruit, but we also import a. great deal of coffee from Mexico. the consideration of executive business. Our imports from Mexico amount to $17,329,889 a year, our exports The motion was agreed to; and the Senate proceeded to the consid­ to only $9,897,772; and it seemed to me therefore that there are eration of executive business. After fifteen minutes spent in execu­ some matters in our trade that required attention at the hands of the tive session the doors were reopened. American Congress. That the state of this trade is not satisfactory all must admit. RELATIONS WITH THE WEST INDIES. We have a large population of people of Spanish descent Iiving in the The VICE-PRESIDENT. The Chair lays before the Senate a reso­ city of New Orleans who are acclimated, who are acquainted with the lution submitted by the Senator from Florida [l\fr. CALL] on a pre­ people of Mexico and Central America, and who have trade and per­ vious day, which will be read. sonal relations with them. Natnrally enough, therefore, I responded The Chief Clerk read the resolution submitted by Mr. CALL on the to this interest and to this sentiment, which is growing, of commercial 12th instant, as follows: interchange and of hospitality between the people of New Urleans and Resolved, Thataspe9ial committ.eeofseven Senators shall be created to inves­ the people of Mexico and Central America. tigate and reoort on the relations of the United States with the Island of Cuba The people whom I repr~nt have large interests in Mexico and in and the other West Indies. Central America. They have obtained concessions from those govern­ :Mr. CALL. Mr. President, perhaps this resolution ought to have ments. They have invited foreigners and our friends from the North been offered in some other terms than considering legislative business. to invest their capital in enterprises which have been undertaken by It might ha\e been better expressed by saying that the Senate should them. We have large railway interests connecting us with Mexico. proceed to consider business required under the rules to be considered It was from these public considerations that I offered t'he resolution. in open session. Certainly there is no ground of argument or reason My friends on this side of the Chamber know very well that I seek no upon which the resolution can be confounded with anything pertain­ preferment on committees. I am perfectly willing that the resolution ing to the exercise of legislative power. If so, what is that ground? shall go to the Committee on Commerce and that it shall be considered What has the proposition to create a committee to consider and report without reference whatever to any Senator's pleasure, but upon the to the Senate upon the commercial relations of this country with any public considerations that properly belong to it. other country to do with legislative business? When a young man I spent a yeaT in Spain familiarizing myself as Is it legislative business to consider the treaty relations with other best I could with the Spanish language and literature in order that I countries, to ad vise and consent to the same, or to use the proper means might qualify myself in the deal with the countries south of us which to obtain information by which the Senate shall be able to intelligently are of Spanish origin. ad vise and consent to the execution of the treaty-making power? U)>on These personal considerations were the only ones that actuated me in what ground then is it to be assumed that this resolution will in some offering the resolution. I regret that the Senator from Vermont and way lead to the exercise of legislati;e power? Is it a ground of objec­ tho Senator from Connecticut should have endeavored to give a per­ tion that by possibility some effect on a future exercise of power may sonal cast to a resolution which so intimately concerns the interest of result from a present exercise of an admitted function or power by a the people not only of Louisiana, but of the whole Mississippi Valley. constitutional body-the exercise of the power to pass this resolution There is not a State bordering on the l\fississippi River that is not in­ for a consideration of the relations between the United States and Cuba terested in the development of our commerce with the countries lying and the West Indies? To create this committee, whether a special or a south of us. New Orleans is intimately connected by 16,000 miles of standing committee, ic; clearly within the power of the Senate. navigable water way with the people in the Mississippi Valley and by It is simply a part of the organization of this body. It is no legisla­ 18,000 miles of railway with the people of the whole country. The tive act in any other sense than that the very act of the organization highest statesmanship will respond to any effort to develop our trade and partakes of the legislative power; but it is contradistinguished from our commerce with the people of Mexico, Central America, and the the exceptions that are made of motions for the consideration or per­ West India Islands. formance of legislative business while in executive session of the Sen­ Mr. MORRILL. Mr. President, Ihadnoideaof belittlingtheimpor­ ate by the fact that it is not legislative business, and the term is only tance of the question of our commercial relations with Mexico. I did used in the sense of business not re.quired to be done in secret session. think tbat there had been altogether too many of these committees au­ There is nothing in the Constitution which forbids the organization of thorized to become peripatetic, traveling committees through the next this body in executive session. Of course it could do no executive season. So far a.s Mexico is concerned I was decidedly in earnest, if a act without organization. Organization is as necessary to the perform­ special committee was appointed, in wishing to go there myself and ex­ ance of its executive functions as it would be to the performamce of its amine into their commercial interests and relation..:; with this country, legislative functions in a Congress assembled. but it struck me that a commercial investigation properly belonged to I therefore insist that there is no ground for the objection of the Sen­ the Committee on Commerce or that on Finance, and therefore I sug­ ator from Delaware [Mr. GRAY] that this would b~ legislative bu i­ gested a substitute for a special committee. ness in the sense of the Constitution. It is suggested to me by the Sen­ Mr. COKE. Mr. President, I desire to call the attention of the ator from Louisiana [1\fr. Grnso :~] that the term of the resolution "to Senate to the fact that there is now in the document-rooms ofthe House investigate and report" involves _legislation. I do not see that to be and Senate a report made several years ago by Hon. Gustave Schleicher, true, but I will modify the resolution to meet even that hypercritical of Texas, who died while a member of the House, on the relatioHs be­ o~jection. tween the .United States and Mexico. It is perhaps one of the ablest, I take it there is nothing in that objection. The whole question re­ niost extensive, and exhaustive reports to be found on anysubjectnow lates to the organization of this body, just as does the appointment of in the archives of the GoYernment. The report was really the cause of the other comm!ttees. The appointment of the Senators who are to the reciprocity treaty that was concluded between the United States serve upon the other committees in some sense of the word might be and Mexico, which was ratified by the Senate, but which required leg­ ., ... considered to be a legislative a-0t, looking to legislation, because legis­ islation by Congress before it could be carried into effect. That treaty lation is one of the nec&iSary functions of this body when in Congress has never been proclaimed because the necessary legislation has never assembled, and everything that we do looks in the end either to legis­ been enacted by Congres8. lation or to executive action. I call attention to this report and to this treaty in connection with Mr. GRAY. Mr. President, if from the resolution as reported at this subject not for the purpose of opposing another committee, be­ the desk we are tp understand the scope of this proposition of the Sen­ cause I favor it, but in order that the report of M.r. Schleicher, one of ator from FloridaJ it is that a committee shall be now constituted ... ·. ' . - . . 1889. CONGRESSIONAL RECORD-SENATE. 23 ... ·- which shall proceed to consider matters of public interest with a view ness, when called together on an extraordinary occasion. There have .~ to legislative action; and the resolution goes on to authorize this com­ been many precedents upon this point, but they all turn not. upon the . ' mittee to make its investigations and to report to the Senate. I do power of the Senate to do the thing proposed, blJ.t whether it was dis­ not undP-rstand that this body, convened as it is in extraordinary ses­ creet and wise to enter into legislative questions when the Senate was sion, is clothed with any legislative function whatever, and I think it called together on an extraordinary occasion. is exceedingly important that we should maintain the distinction be­ I do not see how any one can dispute the constitutional power of th& tween this executive session aml the ordinary legislative session in Senate when called togethereither upon an ordinary or an extraordinary which we are one branch of the law-making or legislative power of occasion to do whatever it has a right to do as a body; but it seems to the Federal Government. me perfectly plain that when the Senate is called together it is not Mr. CALL. Will the Senator allow me to interrupt him ? called together to do only the things that the President recommends, Mr. GRAY. Certainly. because he does not recommend anything. We are called here by a Mr. CALL. Before the Senator proceeds to discuss that'proposition, proclamation issued by President Grover Cleveland. He, as a matter I think it would be well for ns to have clearly before the Senate and of course, could not limit the power of the Senate to act upon anything before the Senator himself the exact point he proposes to make. Now that may come before it upon the messages sent to us by President Har­ I wish to ask the Senator from Delaware why it is that he says this rison. resolution looks to legislation? I disclaim that. I ask him from what Therefore, there is no constitutional question involved, no question part of the resolution he draws that opinion? of the power of the Senate involved, because when the Senate is con­ Mr. GRAY. There is no possible action that could be taken by the vened it is in session and the Constitution of the United Rtates defines Senate on a report made by this proposed committee that would not in the limit of its powers. As a matter of course, no action of the Ex­ my opinion be legislative aotion. If the Senator from Florida has the ecutive can limit those powers. Everything that can be done by the idea and maintains that this proposition of his looks merely to perform­ Senate at any time can be done by the Senate when assembled in ex­ ing some executive function, of course that puts it upon a different traordinary session. It is true we can not pass a bill so as to make -it ground from the one on which I object to the resolution; but I can not a law, but we might consider a bill, we might inquire into a bill we understand, as I heard the resolution read, that anything can come as might pass resolutions. We can not make a charge on the public the ultimate result of the investigation proposed by this committee ex­ Treasury, becanse that requires the assent of both Houses; but we can cept action on the part of the Senate, and that action must be legisla­ express our opinions and do anything tl1at the Senate of the United tive adion in connection with the other branch of Congress. If that States may lawfully and rightfully do. We might pass a bill, so far be so, it comes clearly within the scope of the objection that I made. as we are concerned, but it would seem to be idle work, the other I think we should be very careful to confine ourselves within our just House not being in session to act upon it. powers and not proceed to business which it is not competent for the But here is the point, and all the precedents referred to turn on thls: Senate to transact at this extraordinary session. That in every case the Senate has by its vote and by its rule limited its Mr. CALL. I ask the Senator from Delaware to answer me this action. For instance, in July, 1861, when both Houses were convened question: Would or would not the information obtained by this com­ in extraordinary session, one of the first acts done by the two Houses mittee be useful to the Senate in the establishment of treaty relations, ·was to declare that no measure should be adopted or introduced except either in advising the President for their initiation or the consumma- that which related to the subjec.trmatter, that was the rebellion then tion of them ? • existing in the United States. So eight years ago a similar not rn1e :Mr. GRAY. If the Senator from Florida will so frame his resolu­ but practice was adopted. Objection was made to the introduction of tion as Jo confine the investigation proposed by his committee to the resolutions and also to the introduction of bills, but petitions were pre­ subject of those relations with Cuba which are within the scope of the sented. So in 1873 petitions and resolutions were presented and the treaty·powers of this Government-- point of order was made not as to the right to introduce those resolu­ Mr. CALL. And confine it to them. tions but as to whether it was exp@dient orwise, havin2beenconvened Mr. GRAY. And confine it to that scope, I think he would in a in extraordinary session, for the Senate to consider or even to intro­ measure meet the objection I have made. duce resolutions looking to legislative action. It was not denied that Mr. CALL. I have no objection to modifying the resolution in such we might receive those resolutions and might receive those petitions, manner and in such language as the Senator from Delaware may pro­ and if you choose refer them to appropriate committet>s already organ­ pose. ized, but it was held not to be wise to do it, because as we could not Mr. HARRIS. When the Senators are through debating the resolu­ complete anything we had better not do anything, and therefore the tion-let U go over under the rule and be printed. petitions were laid upon the table. Mr. HOAR. It has once gone over under the rule. I see that I took part in the debate myself at that time, and it was Mr. HARRIS. I thought it was introduced this morning. I sup­ there by common consent.or by alargevoteofnearly twotoone, agreed pose the Senator from Florida will have no objection to letting the res­ that the Eenate should not enter upon the consideration of questions olution go over. of a legislative character. I take it now at this session the Senate is Mr. GRAY. Do I understand the Senator from Mas&lchusetts to in the same condition. We are here without the power to enact laws, say that the resolution is not now before the Senate? without the power to act upon laws, but we have the power to act upon Mr. HOAR. I said the resolution had already once come over from resolutions. There can be no great use, however, in our expediting a former day under the rule. The Senator from Tennessee asked that matters by undertaking to introduce petitions for the pa.Esage of cer­ it should go over under the rule, supposing that it was introduced for tain bills. Doin~ so would not really expedite matters in the lea.st. the first time to-day. Therefore, in my judgment, we ought to confine ourselves (unlt>ss there Mr. HARRIS. I supposed the resolution was introduced this morn­ is some strong reason for making an exception as to a particular sub­ ... _ ing, but it has gone over once under the rule. I take it for granted ject-matter) simply to discharging the duties imposed upon us in con­ the Senator from Florida will not object to letting it lie over until to­ firming nominations and in passing upon treaties; we should confine morrow. ourselves simply to those duties that we can conclude and terminate Mr. CALL. I have no objection, Mr. President. by our separate action. Mr. GRAY. I move-- Therefore I for one am willing that this resolution may be intro­ Mr. SHERMAN. Before that is done, I desire to say a few words in duced and referred, and there I think it onght to end; but I do not respect to the main point. think we ought to pass any resolutions making a charge upon the Mr. GRAY. Does the Senator from Ohio wish to interrupt m·e? Treasury or even a charge upon our contingent fund; but after we have Mr. SHERMAN. Ob, the Senator is not through? discharged the duties we have been called upon to perform we ought J'tfr. GRAY. Certainly, I am quite willing to hear the Senator from to adjourn, and I for one express now the hope that as early as next Ohio. week at farthest we may adjourn and go home. Mr. SHERMAN. I supposed the Senator from Delaware was through. Mr. PLATT. Mr. President, I think the Senator from Delaware at Mr. GRAY. I shall detain the Senator from Ohio only while I make some time during his remarks said that we were convened for a special a motion that the resolution of the Senator from Florida be referred to purpose-- the Committee on Foreign Relations. Mr. GRAY. I beg the Senator's pa.rdon. Mr. PLA.TT. It should go to the Committee on Commerce. J\Ir. PLA.TT. Then I misunderstood the Senator. The VICE-PRESIDENT. The Senator from Delaware moves that Mr. GRAY. The Senator misunderstood me. We were convened the resolution be referred to the Committee on Foreign Relations. in extraordinary session. Mr. CALL. I hope that course will not be pursued. I suppo e the Mr. PLATT. There is certainly nothing in the proclamation which Senator from Ohio does not desire that my resolution shall lie over until limits the power of the Senate to do business at this session. There is to·morrow. I would like to have some action upon it. nothing in the proclamation that requires this to be a short or tempo­ Mr. SHERMAN. Mr. President, I am entirely indifferent to what rary session of the Senate. We may continue in session until next De­ committee the resolution is referred, whether to the Committee on Com­ cember. And for one I believe, and have always believed since I have, merce or to the Committee on Foreign Relations; but I think it ought examined the question, that it is in the power of the Senate_at a session to be referred to some standing committee. But I rose merely to speak like this to transact any business that it· can transact at the regular for a moment on the main question;. that is, upon the right of the Sen­ sessions of the Senate. It would seem to be somewhat futile to pass ate to transact business of an ordinary character, even legislative busi- bills, because the other House is not in session so that we can send them

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24 CONGRESSIONAL RECORD-SENATE. MARCH 18, .1 to the other House; but if it were thought best in order to facilitate the It is true this question ha.s been before the Senate heretofore. It is business of the coming session I believe that we could pass bills and not remarkable that it should often have been, as it has been, decided send them to the other House when it shall be convened next Decem­ in various ways. In 1873 on the reception of a petition looking to mat­ ber in regular session, and I have never understood that any settlement ters of general concern presented to the Senate at one of its ex,traordi­ of this question has ever been made which in any way limited the right nary sessions called by the President in the same manner and for the of the Senate to transact any business in this session which it could same purpose as this has been called, the question was debated at some ' ' transact in a regular session. length, and I find here an expression of opinion from Senators on both I think I remember a discussion of this question in which the Sen­ sides, 8en'at;ors whose opinions are entitled to the greatest respect, in at;or from Indiana [Mr. VOORHEES] adduced the precedents upon it regard to this question of propriety and competency on that matter of and what had been done in various special sessions of the Senate, and the reception of general petitions and having them referred. The then it only requires a reference to the CONGRESSIONAL RECORD and observ­ Senat.or from Wisconsin, Mr. Carpenter: a man of unusual ability as ing there what has been done in these special sessions t.o show that it well as of unusual brilliancy, said: has always been understood that the Senate could transact other busi­ But the real question is- ness than executive business, than that which related to our treaty That was March 14, 1873- obligations. I think it is true that we have not passed bills at these not whether the Senate could do such a thing, but whether the Senate a.lone, .' called sessions, but very many resolutions which are entirely outside at an extra session, shollld enter upon business which belongs to the Congress of executive matters and entirely outside of matters relating t.o treaties of the United States. The Senate, of course, could receive petitions; the Senate could perhaps pa.ss bills; but the question is, whether it would be proper to do have been passed at almost every special session of the Senate.· it. The ruling that was made yesterday, as I understood it then and under· And it seems to me that some light is thrown upon this matter by stand it now, is following the precedents that have been determined by the the Constitution itself. The same power which is given in the Constitu­ Senate where the objection was made. tion to the President t.o convene the Senate is also given him to convene In that same debate the Senator from Ohio, the present senior Sena­ the House of Representatives without the Senate or with the Senate. tor from that State [Mr. SHERMAN], said: It is found in the third section of the second article of the Constitu­ ~1r. President, my friend from Wisconsin rMr. Howe] seeks to establish a prec­ tion, which provides: edent. I submit to him whether on the whole, if we are to do that, it is not better for us to establish the precedent that the Senate shall not undertake to do He- what it can not do. The Senate is always disposed to exercise all the power it The President- possesses, and sometimes we go a little beyond the line. Now, when the point is distinctly made, I submit to the Senator whether it is not better for the Senate may, on extraordinary occasions, convene both Houses, or either of them. to be content with what it has the right to do, rather than to undertake to do So that he has a right to convene the House of Representatives with­ . what it has not the right to do. T·he Senate has no power at this session to do anything of a legislative character. All legislative power is conferred upon Con­ out the Senate; and for what purpose could he convene tB.e House of gress, and both Houses must be in session at the same time or legislation can not Representatives except to transact the ordinary business of the House be done; and then the Constitution provides that neither House can adjourn of Representatives? He certainly could not convene it for executive more than a specified number of days without the consent of the other. U this petition is in the nature of legislative business, it is the business of Congress, not business. Perhaps it would be difficult t.o conceive an emergency under the business of the Senate alone. which he would convene the House of Representatives without con­ vening the Senate, but the power given t.o him to convene either House So I say.now that here is a resolution to create a committee to take b.Y itself must be conclusive as to the question of whether there is any into consideration business which can not be the business of the Senate limitation upon the right of the Senate t.o do business after he shall alone, but. is necessarily the business of Congress. have convened it. The Senator from Ohio went on to say: The Senate for certain purposes is a distinct political body, perform1hg other Mr. GEORGE. Will the Senator allow me to ask him a question? duties besides those of legislation. The Senate shares with the President in the Mr. GRAY. Cerj:ainly. executive power. In certain cases it sh~res in the judicial power; in certain l\Ir. GEORGE. There is one function which the House of Repre­ other cases it shares in the legislative power, but when it ahares in the legisla­ tive power it must be as part of the Congress assembled, and the two Houses of sentatives could perform which is not legislative, when they are in ses­ Congress must both be in session. sion by themselves. .. . Mr. SPOONER. I should like to hear what the Senator says, but I Further on in the course of the same speech the Senator from Ohio can not, on account of the· confusion in the Chamber. said: Therefore, since the point of order is made I submit to the Senate whether Mr. GEORGE. I said that there was one very important function we ought not now to settle forever the question1 that this body has no power, which the House of Representatives can perform in session by themselves when separated from the House of Representatives, when not in Congress as­ which is not of a legislative character. They could prefer articles of sembled, to do anything of a legislative character.. The various propositions . ' impeachment of a public officer. which have been made here since this session commenced are all right. •' Mr. HOAR. May I ask the Senator to whom they would prefer Mr. SHERM.AN. From what page does the Senator read? them? Mr. GRAY. Page 79 of the CONGRESSIONAL RECORD for the spe­ Mr. GEORGE. They could formulate them and prefer them to the cial session of 1873. The debate was on March 14, 1873: Senate after the Senate should be in session. We have the power to pass upon the election and qualifications of our mem­ bers, upon their right to hold seats here. Each House is by the Constitution Mr. HOAR. They could not prefer them. the judge of that question, and we may act upon it. We are not in Congress Mr. GEORGE. They could make the investigation and formulate assembled, but we may vass on executive business. We may continue our com­ \" .. the articles and present them afterwards to the Senate. mittees; we may direct our committees during the vacation to perform certain duties. We may do that under the rules of the Senate, because the Constitu­ Mr. PLATT. Mr. President, that, as it seems to me, strengthens tion authorizes each House to prescribe rules for its own government. Hence the point I make. I do not think the power of the President t.o call we may, under our rules, continue our committees in action during the vaca­ the House of Representatives in special session at all depends upon the tion. Therefore the resolution offered by the honorable Senator from Michi­ gan this morning is perfectly within our power. '\Ve may continue all our com­ necessity of preparin~ articles of impeachment, but if the House were mittees during the vacation, because it is a power expressly given to us by our called in special session and should prepare articles of impeachment, rules, and those rules are authorized by the Constitution of the United States. the Senate not being in session then, it would simply prepare business But, sir, the same Constitution declares that all legislative power, everything that affects legislation, which makes laws, shall be done in Congress assem­ to he submitted to the Senate when the Senate should be in session, bled. These petit·ions are not addressed to 1.be Senate; they are addressed "to and that is what I claim the Senate may do when it is called in special the Senate and House of Representatives in Congress a.ssembled." Why there­ session. It may transact any business which is to be presented to the fore, receive petitions not add.Jessed to us? If a petition is addressed to' me as a member of the Senate, or even in a semi-official capacity, I ca.n not present it House of Representatives, or which being outside of executive business under the rules and usages of the Senate. it can transact finally for itself, and I have never supp~d that there Then the Senator from Ohio went on to quote from a debate which was any question about it. This objection has been frequently made, had occurred in the Senat.e at the called session of March, 1861, when but as I understand the precedents the better opinion has always been Mr. Powell, of Kentucky, undertook to present a petition: that if the Senate chose to exercise this right to do general legislative Mr. POWELL. I present a petition of various citizens of Superior, Wis., pray­ business, there was nothing in the Constitution, nothing in the nature ing for the adoption of the Crittenden compromise. of t,he call, which placed any limitation whatever upon that right. Mr. FES.SENDEN. That can hardly be presented, I apprehend, at this session. Mr. GRAY. Mr. President, t:qe Senate of the United States con­ We can not do any legislative business, and I think it improper to present pe­ titions for matters of legislation. vened in extraordinary session, as the Senate is now convened, in the Mr. POWELL. Why not? absence of the other House, undoubtedly has in one sense the power Mr. FESSENDEN. Congress is not in session. to do anything that it is its will to do. I do not dispute that. There Mr. POWELL. I am aware of that. I merely wish to present the petition and let it lie on the table. is no text of the Constitution that forbids it doing anything, taking Mr. FESSENDEN. My question was as to the propriety of presenting it at all. It any order of proceeding, making any investigation that it may by its is a precedent. It calls for legislation. I raise the question upon the propriety vote determine upon. This is not a question of order, properly so of it. It is nothing in reference to the petition it.self, but simply because! doubt whether there is any propriety in receiving it. called, but it is a question of propriety. The question to be consid­ Mr. POWELL. I can see no impropriety in that. The petition is addressed to ered is of the competence of the Senate, to be determined by a con­ the Senate, and is respectful in it.s terms. sideration of the legislative power as conferred by the Constitution, The VICE-PRESIDENT. Does the Senator from Maine raise the question? Mr. FEssENDEN. Yes, sir. taking into account the scheme of our Government and the appropriate The VICE-PRESIDENT. The impression of the Chair is, that such communica­ depositaries of it.s various powers. It is a matter which ought to be tions have been received at previous sessions, sh:o.ply for the purpose of placing careful1y and gravely considered by the Senate before it commits itself them on the files of the Senate, and not for the action of the Senate. Mr. FESSENDEN. Very well, sir; I take no appeal. to a precedent which, as seems to me, is so unwarranted as the one pro­ The VICE-PRESIDENT. This communication, therefore, will be placed on the posed by the unmodified resolution of the Senat.or from Florida. files of the Senate. :. ·.··. -. -, '. '. •' 1889. CONGRESSIONAL RECORD-SENATE.

I will not weary the Senate with reading further from the discus­ peachment in the absence of the other House. The House must form­ sion of this point, which was carried on at great length; but it seems ulate those articles and send them to us. to me that every objection made by the Senator from Ohio to the re­ Mr. HOAR. The House must be present at the trial by itself or its ception and reference of those petitions in 1873 lies to the adoption of managers. this resolution. Those petitions could undoubtedly have been received Mr. SHERMAN. Yes, the Honse must be present in form; but I by the Senate and could have been referred; that is, the Senate had the think it might be represented by a committee authorized to conduct or power to do it. There was no constitutional inhibition; that is, there prosecute the impeachment. So this is not a question of power; it is was no inhibition in the text of the Constitution which forbade their a mere question of convenience. doing it, nor is there any that forbids the Senate entertaining this resolu­ Mr. BLACKBURN. Do I understand the Senator from Ohio to say tion; but, as I said before, as a matter of propriety, as a matter of com­ that the Senate may try a case of impeachment in the absence of the petence on th"' part of the Senate, inasmuch as this resolution looks to House of Representatives? legislation, looks to some action which makes necessary the 'Presence Mr. SHERMAN. If the Honse has appointed its organized com­ of the other branch of Congress, it seems to me that we should not mittee to represent it in the conduct of the impeachment, although I I undertake the first step towards considering it when we are not present do not think there has ever been any precedent for it, but as a question in Congress assembled, but merely convened in extraordinary session of power I see no reason why the Senate might not take advantage of .:

as a Senate alone1 and as such vested with no legislative power what­ the recess to try a case of impeachment when the House was repre­ ever. sented, as the prosecuting attorney you may say, by its committee. Mr. SHERM.AN. Mr. President, I do not find fault with anything Mr. BLACKBURN. I knew very well there was no prece'!lent for that I said in 1873; it is exactly in aecordance with my position now; the suggestion of the Senator; and I had always believed that it was but the question as to whether we should enter upon these matters of absolutely ne~ary that the Honse should be present whenever the legislation was then a question of propriety. I am of the same opinion Senate sat as a high court of impeachment to try a question of im­ now, that we ought not to enter upon anything that we can not complete peachment. as a Senate; but even then, in 1873, although petitions were ruled out Mr. SHERMAN. Idoubtit, butstillthatisnotmaterialnow, hereor because they were addressed to both Houses of Congress, by a vote of there. Certain it is-and I could show on the same pa~e from which nearly two to one on two separat;e occasions petitions were excluded the Senator read-- because they were purely legislative in their character, resolutions of Mr. COCKRELL. What is the Senator reading from? various kinds were adopted and acted upon. So a distinction was made :Mr. SHERM.AN. The CONGRESSIONAL RECORD of the extra. session in 1873 that is palpable to the eye of every one between legislative pro­ of March, 1873. I can show here by the precedents quoted by Mr. ceedings and mere resolutions of inquiry to get information in regard Howe in that debate that although the Senate then had determined that to legislative matters or in regard to executive business. For instance, it would not receive petitions and memorials-which was upon my ol>­ on the very date from which the Senator reads, I find a resolution in­ jection, by the way-that we ought not to do it, yet the then Senator troduced by the then Senator from Michigan-- from Wisconsin produced the prec;edents to show that in every called Mr. GRAY. From what page is the Senator reading? session from that time back, twenty, thirty, or forty years, petitions and Mr. SHERMAN. From page 77. memorials, resolutions, etc., had been introduced, when the Democrats Mr. CHANDLER. I offer the following resolution, and ask for its present con­ were in power and when the Republicans were in power, and he quotes sideration: the cases on page 77, extending back to 1829, when at a called session "Resolved, That the Committee on Commerce be authorized and directed to ''the Vice-President laid before the Senate a memorial of Messrs. sit during the recess, and to investigate and report upon the subject of subsidfos , .. - to steam-ship lines, and what lines, if any, should be subsidized; also, upon the Gales & Seaton soliciting a subscription in behalf of the United States propriety of paying bounties to ship-builders," etc. to a proposed compilation of executive and legislative documents con­ Instituting an inquiry into the whole subject of subsidies to steam­ nected with the history of Congress anterior to the year 1815." ship lines, and that was objected to beeause it had not been printed, So, from the beginning, we may say, the Senate has acted upon these and it was ordered to be printed and laid over one day, and it was things, and in some cases has declined to do it simply as a matter of taken up subsequently and considered. So the Senate at the very time expediency. I hope now that no petitions will be offered and that no when this debate occurred, while they refused to receive petitions and legislative business will be done, but I will not surrender the power of enter upon the consideration of petitions, did receive resolutions. the Senate to do what it may properly do; because called by the Presi­ Mr. GRAY. The Senator from Ohio will allow me to sav that that dent of the United States, the Senate may do exactly the reverse of ,· resolution and a ~reat many others, I believe, of the same character as what the President asks it to do. We may refuse to do what he asks the one proposed by the Senator from Florida [Mr. CALL] have been and do exactly the reverse, and we. might .deem.it necessary in times of adoptM by the Senate, and they have generally been adopted by unani­ emergency to adopt extraordinary expedient.a and me.asures so far as we mous consent, as the Senator from Ohio, if he will pardon me, on page could do so under the Constitution of the United States. Neither his 78 of the volume before me, said in relation to just that point: proclamation nor any other act of any branch of the Government can limit the po~er of the Senare. The Senate is a law unto itself. It l'tfr. SHERMAN. It was done by unanimous consent, without objection. By that kind of logic I can show that there are no rules in the Senl\te at all, be­ prescribes its own rules and regulations. It may be convened, and cause every rule in the Senate has been violated by unanimous consent. Unless when convened it is the Genii of its own destiny. It may be brought the point was made, I insist that a precedent was not established by the Senate, into being by rubbing the wonderful lamp, but when it appears it is because every rule has been violated. There is no rule on the whole list but what has been waived over and over again by unanimous consent; but that the actor and the agent and defines its own powers, except so far as does not establish what the rule is. they are limited by the Constitution of the United States and the judg­ ments of the courts. Mr. SHERMAN. The Senate can do what it has a right to do, by Mr. CALL. Mr. President, I have already suggested that I shall unanimous consent, and it·can do what it has a. right to do, by a ma­ offer an amendment to this resolution in these words: "So far as they jority votei so that it makes no difference and there is nothing in that are within the power ofregnlation by the treaty-making power," lim­ point. As a matter of course, if the Senate bas the power to do any­ iting the inquiry to that extent. But, Mr. President, as to the ques­ thing, it is for it to determine. Usually all these matters are done by tion whether or not the Senate has now power to do any legislative unanimous consent; any of them may be by a majority vote, and a ·business, it ought to rest upon some ascertained and defined proposi­ majority of one vote makes it the act of the Senate just as much as if tion. Where does the Senate get the power to do legislative business, ... it was don~ by a unanimous- vote. A question of order may be waived and is this legislative business? These are the two questions. - Is the by a unanimous vote, but a question of' power can not be. The.re is organization of the Senat;e by the creation of one committee or a dozen the difference. committees legislative business in the sense of the Constitution, and if I say, then, it is a mere question of expediency, a mere question of so, upon what ground is that predicated? Surelywe can not say with .' propriety. I do not differ with the Senator from Delaware that on the any kind of reason or argument that the Senate has power to do anything question of expediency and propriety the Senate had better confine itself simplytoexecutivebusjnessortoresolutionswhichaffectitsorganization which is neither expressed nor implied in the Constitution. It must and separate business, but as to its power, I claim that the Senate of the be either expressed or implied in the Constitution, or there can be no United States has the power to go on now and pass bills or do anything authority for the exercise of the power. which the Constitution authorizes it to do where the presence of the Now, what is the language of the Constitution on the subject? Let Honse of Representatives is not required. We can not send messages us see if there is any doubt as to whether the Senate has the power to to the other House; we can make no progress towards the final passage do legislative business when it is convened on extraordinary occasions, of the bills; but whatever the Constitution authorizes the Senate to do, not as a Congress, but as one of the Houses. that may be done properly at this time. All legislative power­ The President is authorized to make treaties by and with the advice Says the Constitution- herein granted shall be vested in a. Congress of the United States, which shall and consent of two-thirds of the Senate. The Senate can give that con­ consist of a. Senate and House of Representatives. · sent whether the House of Representatives is here or scattered among Where, then, does the Senare get any power to do any legislative the people of the United States. So resolutions of inquiry or calling business when the Constitution says all legislative power shall be vested for information as to the condition of the country may be passed. The not in a Senate or a House of Representatives, but-- whole matter is a question of power. As a usual rule, it would not be in a Congress of the United States, which shall consist of e. Senate and House wise to enter into such considerations. We might try articles of im- of Representatives.

• I . .- I· ·.. .. 26 CONGRESSIONAL RECORD-SENATE. MARCH 18,

Now let us see what the Senate has power and what the House has M.r. PLATT. Mr. President, the Senate bas once acted on this power to do in this Congress of the United States. We come again to question by resolution. I find it in the remarks of the Senator from section 8 of Article I: · Indiana [Mr. Voo:&HEES], to which I have before referred, made in The Congress shall have powe:i: to lay and collect taxes, duties, imposts, and 1881, when he offered a resolution expressing the opinion of the Senate excise to pay the debts and provide for the common defense and general wel­ upon the attitude of the national banks towards the refunding of the fare orthe United States; national debt, and be cited, as I thought my recollection served me, * * * To borrow money on the credit of the United States; the precedents I find in his remarks that when the same point oforder To regulate commerce with foreign nations and among the several States. was made at a special session of the Senate on the 5th of March, 1851, But all the powers are here expressly defined and granted to whom? in the Thirty-second Congress, after some discussion, Mr. Seward in­ Not to a Senate or to a Honse of Representatives, but to- troduced the following resolution: o. Congress of the United Stares, which shall consist of a Senate and House of Resolved, That the Senate is not i·estricted at this session to the consideration Representatives. of matters purely executive, but that such consideration may be extended to all matters proper to be transacred by the Senate without the co-operation of the Then we go further, and here is a provision when and how the Con­ House of Representatives. gress shall convene-not the enate nor the Honse, but the two-and And this resolution was passed two days later without a. division. bow they shall separate and how they shall proceed in the exercise of Mr. VOORHEES. The Senator might read the colloquy which oc­ those powers, not as Houses of legislative powe~ but as a "Congress" curred at that time between Mr. Hunter and the Chair. consisting of a Senate and House of Representatives. Mr. PLATT. I will read a. portion of the remarks of the Senator Now reviewing this proposition the Senator from Wisconsin, Mr. from Indiana [Mr. VooRHEE.S]. The Senator said: Carpenter, who had a clear and logical and capable mind, said here The resolution appears to have grown so rapidly in the estimation of Senators is the power to Congress, consisting of a Senat.e and a House of Repre­ that it became the will of the Senate by commou consent, l'!o much so that it sentatives, convened according to the Constitution and sitting accord­ was al'treed to without even a division. I am warranted in saying this because, ing to it and where is the power to the Senate or to the House to pro­ on March 7, two days later, I find in the Globe the following: "Mr. HUNTER. I believe it has been decided by the Senate that we may at this ceed seo~rately? If it is not in the Constitution it does not exist. ses ion do whatever the Senate may do at any time alone without conjunction Who has found it from that day to this? It mu t be found either in with the House of Representatives. the words or the reasonable implication. Who bas pointed it out? "The PRESIDENT. It has been so decided. "l\Ir. Hul'l""TER. That being the case, I offer a. resolution, and as it is simply Arguments ''ab inconveniente'' as is the consequences of its non-exist­ one of inquiry, I hope the Senate will, by unanimous consent, consiEler it at this ence have but little force in the creation of constitutional powers. time." Mr. President, that is the language of the Constitution. Where will Then the Senator from Indiana said: you get any implication from, on what ground of. reason_, to the effect The resolution was offered, read, and adopted, and it fa no way related to ex­ that either Hou e may proceed separately? It is not m the nature ecutive business. After that. and during the same special session of the Sena.re, of the bu ine s to be transacted; it is not in any practical use or efficacy, many other questions were considered of like character. and where will you find any proposition to sustain, then, the propo­ So that the Senat.e is on record by a practically unanimous vot.e that .- sition that either House has power of itself to do anything? whatever does not require the co-operation of the House of Representa­ In regard to the Senat.e, we :find that in these words: tives we may do in special called session. I myself can not see and He- never could see any force in the claim that we can not pass bills in the The President- Senate because those bills can not become laws without the action of the other branch of Congress and the approval of the Executive. But shall haYe power, by and with the advice and consent of the Senate, to mak~ this resolution which was introduced by Senator Seward did not go so treaties, provided two-thirds o~ the Senators present concur; and he sha1:1 nomi­ nate and by and with the advice and consent of the Senate, shall appomt am­ far as to state any such proposition as that, nor, :ts I understand, does bassadorS, other public minist.ers and consuls, jud~es of the Supreme C~urt, and it preclude the claim. It was a resolution which brought the Senate all other officers of the United States, whose appom tments are not herem other­ wise provided for, and which shall be established by law. to a common ground that at least all matter which did not require the co-operation of the House of Representatives may be transacted by the Here is an express enumeration of certain powers which may be ex­ Senate in special extraordinary session, and a variety of those matters ercised by the Senate, but it does not say that it may exercise them have been acted upon at all such sessions. If it were important, and when not in Congress, but the implication results from the fact that one were to cite the precedents as to the business which has been trans­ the President has power to convene the Senate alone or the Honse alone, acted by the Senat.e in special extraordinary session, there would be a and, therefore, it may reasonably and conclusively be argue

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_, - t 1889. CONGRESSIONAL RECORD-SENATE. 27

I a coming together, a coming together of the representatives of the Congress may be constituted in which by the Constitution legislative IStates and of the people, and it is inaccurate and unconstitutional lan- power is vested. There is no legislative power vested by the Constitu­ -- 1ii:uage to apply the term ''Congress" to any individuals, though they tion in the Senate. There is no legislativ~ power vested by the Consti­ be Senators or Representatives, unless they be organized and assembled tution in the Houae of Representatives. The legislative power is vested as a Congress in pursuance of law. The assembling of the Senate in in a Congress. That is what the Constitution says. What now is a extraordinary session by the proclamation of the President is not an Congress? A Congress must be, if it be a constitutional Congress, aa­ assemblage of Congress. It is not a Congress, and therefore is not a. cording to the express words of the Constitution, composed of both the body in which the Constitution v:ests legislative power. It is not in Senate and the House of Representatives, and there is no such body in that condition even a part of Congress. It is the assemblage of a body existence. There is no answer to that. , which may, under certain circumstances and in accordance with law Mr. GRAY. The proposition of the Senator from Mississippi, if he and when the other body is assembled also, become then, and not till will pardon me, is that the Senate of the United St.ates or the House then, a part of the Congress of the United States. of Representatives, when convened in the absence of the oth ~r body, is To show that is correct, I have but to call the attention of Senators not under the Constitution in any sense the depositary of legislative to the formula prefixed to every bill and to every joint resolution ever powe_r. passed by the Congress, which is in these words: Mr. GEORGE. It is not the depositary of any legislative power Be it enacted by the Senate and House of .Representatives of the United Slates of whatever. .America in Congress assembled. Mr. HARRIS. And is not a legislative body. That formula was adopted at the very first session of Congress held Mr. GEORGE. And is not a legIBlative body. As unanswerable as under the ConRtitution, was prefixed to the first act ever passed, and it that position must be when tested by the language of the first section has been adhered to from that time to this. That formula expresses of the first article of the Constitution, it becomes, if possible, even more thil3 idea that there must be an assembly in Congress of both the Senate clear when we consider anoth~r clause of the Constitution to which I and the House of Representatives before that constitutional body is invite the attention of the Senate. The fourth clause of the fifth sec­ formed in which legislative power is vested by the Constitution. tion of the first article of the Constitution reads in this wise: ])fr. GRAY. The Senator from Miss1ssippi will allow me to say that Neither House, during the session or Congress, shall, without the consent or I understood the Senator from Ohio [Mr. SHEB:MAN] and the Senator the other, adjourn for more than three days. from Connecticut [Mr. PLATT] both to contend that it was competent .Alone this provision would be of no value in determining this ques­ for the Senate of the United States convened in extraordinary session, tion, but taken with the first section of the first article on which I have ' I • in the absence of the House of Representatives, to pass a. bill. commented it shows in the strongest and most conclusive manner that Mr. HARRrn. To transact any legislative business. the body of Congress mentioned in the first section in which legislative •I Mr. GEORGE. To do any legislative busine88 whatever; a preten­ power is vested shall not exercise any of its powers unless both Houses sion which I am trying to overturn and which I think has been suffi­ be in session. When both Houses get here under the clause to which ciently overturned by the mere calling of the attention of the Senate I have called the attention of the Senate, although being in legal ses­ to that part of the Constitution which was read by the Senator from sion, yet the Constitution so considers the necessity of having both Florida [Mr. CALL], and which I have also read. branches in actual session when legislative duties are performed that Mr. President, there is no Senate, there is no House of Representa­ it provides that neither House shall adjourn without the consent of tives, constitutionally speaking, until each body has been assembled the other for more than three days. So that, thoagh the Congress be according to law. We have seventy-six members of this body. The regularly convened, the Constitution by this clause provides against the ... seventy-six individuals who hold commissions from the thirty-eight transaction of business by one branch alone, except by the consent of . '' States as their Senators might all meet together at the same time and both Houses. place, and unless that time and that place were designated by law, Mr. President, I am not bound to furnish the motives and the reason­ which law clothed them with their character as a Senate, they would ing upon which the framers of the Constitution proceeded in making not be competent to perform any ad whatever, legislative, executive, that instrument. It is sufficient if we can understand the plain meaning or anything else. Any act intended to be officially performed by these of the terms used in the Constitution. According to it.a plain meaning, if seventy-six Senators assembled at a particular place and time not spec­ there be any proposition not mathematical, merely of a moTal charac­ ified by law would be as valueless in law as the acts of any other sev­ ter, which can be said to be demonstrated, it is demonstrated by a con­ enty-six persons in the United States assembled at any time and place. sideration of the clauses of the Constitution to which I have called at­ There is, then, no Senate unless it be assembled at the time and place tention that legislative power can not be exercised except when both .· fixed bylaw. The same is true of the other Hoµse. There is no House Houses are in session. But as this seems to be a matter upon which of Representatives now, because there is no body composed of three hun­ grave, learned, and patriotic Senatorscliffer, it may not be amiss that dred and twenty-five Representatives of the different States assembled I should suggest some reasons, especially some reasons connected with at a time and place fix:ed by the law and the Constitution for the per­ the history of that race to which we belong, and to whose genius and formance of their duties. aptitude for free institutions we are very much indebted, which require So we stand to-day in this wise, that there is a Senate of the United that both Houses shall be in session at the same time for the perform­ States and there is no actual House of Representatives. There U.ave ance of legislative functions. been, it is true, so many men elected to the House of Representatives He who will turn his eye to the history of that country from which who, when the time arrives which is fixed by law, may assemble to­ we derive our _institutions will find that in that country at least, dif­ gether at the place fixed by law, and then, organizing themselves as fering from other countries in Europe, it was found essential to the the Constitution requires them to be organized, they will constitute a preservation of the liberties of the people, essential to good government, House of Representatives. to good order, that there should be two houses of the legislature, not Now, having made that clear beyond controversy, I go back to the one branch like the National Assembly of France or the States General Constitution, and when Senators claim that this body now assembled, of France in the older time, but two houses, one operating as a check lawfully it is true, and in pursuance of the proclamation of the Presi­ upon the other, so that each house should perform its functions, if I dent, may exercise legislative power, I call their attention to the Con­ may use such a phrase, under the eye and supervision as well as by the stitution, which says-I will read it again: co-operation of the other house. Nearly all the evils arising from hav­ ".All legislative power "-not a part of it, bnt "all legislative ing a. supreme legislative power consisting of one body alone come from power herein granted shall be vested in a Congress of the United States," allowing one of these bodies alone, when there are two, to exercise this and that, too, "in a Congress of the United States, which shall consist," power when the other body is not in existence. not of a Senate alone, but'' of a Senate and House of Representatives.'' Sir, only this moining in reading a passage of the history of England Then, sir, there being no House of Representatives, there is no body, I discovered that there was a contest at one of the most important points no organized body, in which by the terms of the Constitution any part of the history of th'l.t kingdom in which the destinies of that country of the legislative power of this Government can be vested. For though were settled for good, I hope for many centuries. . There wn.s a contest there is a. Senate, yet there is no Congress, and it is only in the Con­ as to which house should originate one of the most import.ant meas­ gress that legislative power is vested by the Constitution. ures ever adopted by the Parliament of England. When James II had Mr. SPOONER. Will the Senator allow me t.o ask him a question? abdicated, when there was the greatest concern among the great states­ Mr. GEORGE. Yes, sir. men of that country as to the disposition to be made of the English crown Mr. SPOONER. I understand the Senator to argue that this body after that event, the House of Lords undertook to forestall the action of is not one of the Houses of Congress under the Constitution. the House of Commons by acting first upon that matter. Their eagerness }rlr. GEORGE. No, I did not say that. to anticipate the House of Commons was defeated by their president, .Mr. PLATT. Sitting now. Lord Halifax, and thereupon the great act of settlement of the English Mr. SPOONER. Sitting now. Did I misunderstand the Senator? crown was originated in the House of Commons. The historian in giv­ Mr. GEORGE. I did not say that. ing an account of this contest shows how important it was that the Mr. RPOONER. Does the Senator say that sitting now this body is Commons should be the first house that spoke upon this important not a part of Congress? subiect, for in troublous times, when men's minds are uncertain, the :· llrlr. GEORGE. I say that. the Senate as now organized and as now first action of one of two authorized bodies is apt to give shape to the sitting fa not per sea Congress of the United States, but is only one of conclusion of both. two constituent bodies, both of which must be convened in order that a So with that great historic example fresh in the minds of the men ·I J '· '· 28 CONGRESSIONAL RECORD-SENATE. MAROH 18,

who framed the Constitution, it is impossible to conclude that with the ate and a House of ~eprese:ntatives, and therefore ;f either of them is provisions I have read they intended to leave to one body in the ab­ not in session the otMr has no legislative power. sence of the 6ther, not only in the absence of the personnel of the body The argument goes too far, Mr. President. If we are not one of the but in the absence of the organization of the body, the origination of Houses of Congress to-day, we are nothing; and if we are one of the important matters of legislation. Houses of Congress to-day, I apprehend that we have a right to do what­ If Senators think that the question of the origination of a law is a ever pertains to the business of Congress as one of the Houses of Con- matter of no consequence under the Constitution of the United States, gress. . inasmuch as the concurrence of both Houses is necessary to the same I do not think this is a practical question; it is an abstract question; resolution or the same act in order that it shall have the force and ef­ bat for one I do not wish to concede or abdicate the right of the Sen­ fect of law, I have but to call their attention to that provision of the Con­ ate whenever convened in extraordinary session to do anything which stitution, derived also from our English forefathers, that bills to raise it may do as one of the Houses of Congress. If the contention of the money can only originate in the House of Representatives. So when Senator from Mississippi is right that we are not to-day one of the the jurist or the statesman comes to consider the meaning of the clauses Houses of Congress, then I admit I am wrong, but if we are one of the of the Constitution to which I have called attention he will fail to see Houses of Congress, we can do whatever a House of Congress may at their full force a.nd effect unless he also yields his judgment to t.he any time do. great fact established by the Constitution that the matter of the origi­ Mr. CALL. Mr. President, I do not propose to further elaborate nation of bills was a matter of supreme importance in the eyes and in the this question except simply to put the different clauses of the Consti­ judgment of the fathers who framed the Constitution. tution together. Of course logically we are a Senate and not a House Mr. PLATT. :Mr. President, it is perhaps hardly worth while to of Congress in the sense in which that term is used in the Constitution, discuss at length the question as to whether we may at an extraordi­ because ''a Congress'' shall consist ofa ''Senate and House of Represent­ nary session of the Senate pass- bills, because that is not the practical atives.'' If so, where in the Constitution is the authority for it, either question, and whatever may have been thought about the right of do­ expressed or implied? The Senator from Mississippi has read the first ing so I do not think any one has ever claimed that it would be wise or section of the :first article: expedient to attempt to do so. What I said-- All legislative powers herein granted shall be vested in a. Congress of the Mr. GRAY. Will the Senator permit me to a.sk him a question? United States, wh.ica shall consist. of a Senate and House of Representatives. Mr. PLATT. Allow me to finish this sentence. What I said when Now let me read from the fourth section of the same article: I was on my feet before was rather with a view of not conceding that The Congress shall assemble at least once in every year. we had no such right rather than for the purpose of asserting the right. And section 5 provides tbat- I think' the Senate ought not to concede that it bas no right to do so, A majority of each [House] shall constitute a. quorum to do business. as I will show in a moment. Now I will listen to the Senator from What will you do with that? A majority of each House of what? Delaware. Of a Congress assembled. All legislative powers vested in Congress Mr. GRAY. The question I was going toask the SenatorfromCon­ shall consist of a Senate and House of Representatives, and the Con­ necticut, and which by his permission I will a.sk him now, is whether gress, consisting of a Senate and a House of Representatives, shall as­ his contention that the Senate had the right when convened in extra­ semble once in every year, and a majority of each Honse shall consti­ ordinary ~ion such as this to pass a bill was not rested on the same tute a quorum to do business of any kind, exercise any of the legisla- ' ground of argument upon which he rests the right of the Senate to tive powers vested in Congress. It is evident that a majority of one proceed to an investigation which concerns legislative business? House is not a majority of each; that a majority of the Senate is not a. Mr. PLATT. My claim that the Senate bas a right to pass bills majority of the House; yet that is the contention here, unless the lan­ rests upon the foundation that we are called t-Ogether as a Senate, and guage of the Constitution shall be abandoned. that a Senate is one of the Houses of Congress whether the other House Mr. President, there is the whole power of the Government. There is in session or not. The Congress may not be in session. It is not, be• is the machinery to move it granted and limited in express terms, not cause Congress by the Constitution consists of two Houses, the Senate of one, but of each and both. We can only move the power granted and the Honse of Representatives, but each one of these Houses is a in the Constitution by a majority of each House-that is, of both. part of Congress. Ifwe are to admit, as the Senator from Mississippi Then comes the provision that the two Houses shall not separate with­ seems willing to admit, that when we, the Senate, are convened by the out the consent of both. Presid~nt in special session we are not a part of Congress, that we are It is asked: Suppose one House consents for the other to adjourn ten I not a House of Congress even, then we might as well give up the whole days or more, does that suspend the power of the other? Certainly argument. there is nothing in the mere act of consent that would suspend any :Mr. SPOONER. What are we? power, but the language of the Constitution is that all power is granted Mr. PLATT. What are we? We are the Senate, and the Senate is to a " Congress " of both Houses, meeting once a y~ar, and a majority a part of Con~ess, and whenever assembled it is one of the Houses of of each of whom shall be the power to do business and to exercise any Congress. Of course the whole body which we call Congress is not in of these powers. session unless both Houses are in session at the same time. What language can be plainer? And what kind of an argument is Mr. SPOONER. If the Senator from Connecticut will allow me to it that does not base itself either upon the langua~e of the Constitu­ interrupt him at that point, I desire to call his attention to t.he fact tion or the powers implied in it? Where do you get a status to argue that the section of the Constitution which confers upon the President from? The other is mere assertion, mere opinion without a founda­ the power to convene the Senate and the House of Representatives in tion for that opinion, for the language is clear and express, and the extraordinary session expressly treats either House thus convened as implications are equally clear. one of the Houses of Congress. But, Mr. President, that bas nothing to do with this resolution. He shall from time t-0 time e:ive to the Congress information of the state of This resolution relates to the powers vested in the Senate by the Con­ the Union and recommend to their consideration such measures as he shall judge necessary and expedient; he may, on extra-0rdinary occasions, convene stitution, powers to be exercised by the President by and with the ad­ -, both Houses or either of them, and in case of disagreement, etc. vice and consent of the Senate, only to the advisory and consenting powers of the Senate, and it is related only to those subjects which may ,,.· That means, if it means anything, both Houses of Congress or either be remedied by the treaty-making power. House of Congress. As I said before, while there is nothing in the Constitution which Mr. PLATT. I was just about to speak of that. expressly declares that the Senate may ev~n advise and consent to any Mr. HISCOCK. I desire to call the Senator's attention to another action of the President when there is not a.Congress convened, yet there provision of the Constitution. As I understand the argument upon is a ground, a starting-point, a status for argument and for a certain the other side, it is based upon the theory that both Houses are not in conclusion in the power given to the President to convene the Senate session. I call attention to this provision of the Constitution: upon extraordinary occasions. Neither House, during the session of Congress, shall, without the consent of What is that power given for? That is a reasonable rule of con­ the other, adjourn for more than three days. struction. It must be given for· a purpose within the purview of Is it claimed on the other side that if the Senattl should give its con­ the power, and therefore the consequence follows that the powers sent and the House of Representatives should adjourn for a week or for which the Senate may exercise and complete and execute of itself are two months, it would thereby suspend it.s power to legislate? contemplated in the provision that the President may convene it in ex­ Mr. PLATT. Cert.a.inly not. traordinary session. But for that the express language of the Consti­ Mr. HISCOCK. That is the argument of Senators on the other side. tution would still control, and even thosepowers could not be exercised Mr. PLA.TT. The argument which the Se~tors make upon the except when there was a Congress, although they might be exercised other side goes, as it seems to me, to this length, that whenever it hap­ by either House or by the Senate separately from the other House and pens by any reason that the House of Representatives is not in session without its consent. the Senate can not act, the Senate must stop acting, or vice versa, that But, Mr. President, I hope this resolution will pass. There is no whenever the Senate is not in session th~ House of Representatives subject of greater importance to this country than the relations :pmst stop ading; that they must both be in session in order that any which exist or may exist between the Island of Cuba and the United legislative business may be done. That is the argument, because the States. There is no part of the world which it is so desirable should legtsfative power, it is said, is vested in a Congress consisting of a Sen- be in commercial union with us. There is no part of the world which

.· \ ~. ' , .· \ ... ' 1889. CONGRESSIONAL RECORD-SENATE.. 29

may be of such essential importance t,o us for the protection of the debate is concerned, merely an o.bstraction, I am by no means prepared great commerce tbat passes along the Gulf of Mexico and between the to say that either House convened in special or extra session may not, Straits of Florida and the Island of Cuba. It is of the greatest im- so far as it is concerned, tender its legislative proposition to the other portance in the present condition of affairs in that island that we should Honse when it shall be in session, by the passage ofa bill which it has have information, and that we should use every effort and every means previously matured alone by investigation and by debate; and I think to show to the people of that country and of our own country that we a lawyer would be very slow to attack the validity of a law which had are regardful of the fact that great and important interests connect us, passed both Houses of Congress and had received the approval of the which may be much greater and more important in the future than President, upon the ground that at the time it was introduced in one now. We need, therefore, to be informed as to the present condition of the Houses and considered by one of the Houses that House was of aftairs in that island, and to consider them with great care. alone convened in special session. Mr. SPOONER. Mr. President, I do not intend to detain the Senate Mr. GRAY. Would it interrupt my friend inconveniently if I should longer than a very few moments. There seem to be two questions in- ask him a question? volved here. One is the power of the Senate, and the other is a ques· Mr. SPOONER. Nothing from my friend interrupts me inconven- tion of propriety. iently. I have no difficulty in determining what this body is. It is either Mr. GRAY. I would ask him, then, in view of the opinion which one of the ''Houses of Congress," or the President had no jurisdiction he has expressed in answer to my question, how he would entitle or under the Constitution to convene it at all. It is not a unique body. frame the enacting clause of a bill passed by the Senate at this present It is a body provided for by the Constitution, and one which as a House extraordinary session ? of Congress, and as such alone, the President is authorized t,o convene Mr. SPOONER. As to that, I have to say that it is utterly imma- in extraordinary session. · terial, in my judgment, to the validity of a law how the enacting clause The Senate is a permanent body. It was.intended by the Constitu- is phrased. I suppose if the words ''in Congress assembled" were tion to be a permanent body. It can not make laws, because the power omitted, if Congress preferred some other phrase, if the bill had been to. make laws is vested in Congress, and the act requires the concur- introduced in one of the Houses of Congress, had passed both Houses rence of the two Houses of Congress; but it is the Senate of the United of Congress, and had been approved by the President of the United States, a constituent body of Congress as completely ns it was three States, and these facts were evidenced as Congress might see fit to pro­ weeks ago. vide, it would be a law. If a bill were to be introduced here, consid- J ...... I read in the hearing of Senators a moment ago the provision of the ered at this special session of the Senate, p~sed by the Senate, to await Constitution, which it seems to me settles beyond any possible ques· concurrent action on the coming of the other House, I do not conceive tion the proposition that this is the same body in contemplation of law that there would be any difficulty or impropriety in the employment as if the other House were in session also. of the phrase ''be it enacted by the Senate and the House of Represent- Let me read it again: atives of the United States of America in Congress assembled." He- It would not be enacted, it nould not be enacted until the other House1 The President- had acted upon it. It could be proposed by one House to the other for . '· shall from time to time give to the Congress information of the state of the Union, its action, but the consummation of the legislation, the development of and recommend to their consideration such measures as he shall judge neces· the proposition into legislation, its enactment, in other words, would be saryand~xpedient; hema.y,onextraordinaryoccasions,convenebothHouses- the acceptance by the other body of the proposition of this body. That is, both Houses of Congress- I do not understand whence this limitation upon the power of the or either of them. · · Senate can come. The framers of the Constitution would doubtless That is, either of the Houses of Congt(;.JS. have expressed such a purpose in section 3 providing for extra sessions The President under this section of the Constitution convened the 1 of either House had they so intended to limit us. If, considering that Senate in special session because, as declared in·the proclamation (and the public interest requires that the attention of the country or of the it is properly so declared for it is the jurisdictional point), he deemed Senate should be called to some proposition of general public interest or this an extraordinary occasion. However, he did not undertake to limit, of peculiar interest to my constituency, I think best that a bill should and it would have been idle if he had, the power of the Senate as one be introduced and laid before the country, referred by the Senate to one of the Houses of Congress when thus convened in special session. of its corrunittees to be examined into and reported upon in order that The Constitution of the United States is not like the constitutions of at the next session of Congress we may take it np having more complete some of the Sfates in its restriction upon legislative bodies called in information upon it than we have to-day, I deny that there is any con­ extra session; many of the State constitutions in authorizing the con- stitutional restriction upon mypower or right as a Senator of the United vening of the Legislature provide that the governor in his proclama· Sfates to offer that bill in the Senate and ask that it be referred to the tion may limit them in the consideration of legislative business to cer- appropriate committee. What is there in the Constitution that limits ta.in indicated subjects. We have no such iimitation in the Constitu- this body, one of the two Houses of Congress, to merely expressing its tion of the United States. The President has no power to tell us what opinions in secret session, or open session if you choose, upon nomina­ we shall do when we are convened as a Senate, one of the Houses of tions sent there by the President? Congress, in extra session. He can not shackle us. We may not make If! think a subject is ofsufficientconsequencetowarrant its debate, laws, because it requires Congress to make laws, and Congress, mean· if I conceive under my oath as a Senator that there should be discus­ ing, of course, both Houses, is not in session. · sion here in the presence of the people upon some matter of vital con- Mr. GRAY. Will the Senator from Wisconsin allow me to ask him cern, what is there in the Constitution, what is there relating solely to a question there? the question of propriety, to prevent me from offering in my placeares- Mr. SPOONER. Certainly. olntion which under the rules will go over until to-morrow, and to- :Mr. GRAY. I quite agree with the Senator that the President of morrow in a respectful way addressing the Senate upon it? Ifwe are the United States in convening the Senateinextraordinary session has shackled, what shackles us? You find nothing in the Constitution no power to limit its functions. Those limitations, whatever they are, that does it, and you find nothing in the precedents of this body that must be determined by the Senate itself. I maysay, also, that I quite does it. agree with him, and I did not understand that any one on this side Mr. President, whether we could pass a bill or not is a question, as made any issue on that point, that the Sen~te is one of the Houses of I said a moment ago, that I need not discuss. May we not prepare for Congress. the future consideration of measures? Has not this body control of its .. ' Mr. SPOONER. I understood the Senator from Mississippi [Mr. committees? May it not to-day as much as it ever could lay instruc- GEORGE] to make that suggestion. tions upon its committees? Suppose the Senate deems it to be of Mr. GR.A. Y. The Senator from Mississippi, unless I misunderstood great consequence that before Congress meets again some committee of him., made the contention that the sole depositary oflegislative power this body should considera special subject, sbouldinvestigateit, should was the Senate and H;ouse of Representatives in Congress assembled, report upon it with a view to legislation? Is that the exercise of" leg­ and th::tt there was no deposit of legislative power in either House except islative power'' within the meaning of the Constitution? I think it is when both Houses were in Congress assembled. not. • But the question I wish to ask the Senator from Wisconsin, inasmuch Who has ever denied that the Senate may in extraordinary session as I understand him to say that the Senate has no right, to use hiR declare what committees it will have? That is a part of its organ­ phrase, to make a law (which of course it can not without the co-oper- ization. How empty and idle is the power to declare what committees ' ation of the other House), is whether in his opinion it has the right to we shall have, if we may not define the powers and duties of the com- • pass a. bill, I mean in this present session, which when acted upon mittees which we create! by the House of Representatives when it shall be convened will be· All that is proposed here, as I understand it, so far as this resolution come a law? · is concerned, is that the Senate convened as one of the Houses of Con- Mr. SPOONER. I do not find in the Constitution any limitation gr~s in extraordinary session shall create a committee and charge that npon the power of either House of Congress when convened on extraor· committee with a particular duty. clinary occasion in special session except the limitation contained in As to precedent, one of the oldest clerks of this body has handed me .. ,. that provision which declares that .to the making of a law, which means the proceedings of-the extrn session of 1867, and it is full from the be­ the passing of a bill by both Houses of'Congress, the concurrence of the ginning to the end of legislative resolutions, offered, too, by some of the two Houses shall be necessary. Although I consider it, so far as this most distinguished Senators, as statesmen and lawyers, who have ever .·- 30 CONGRESSIONAL RECORD-SEN.A.TE. MARCH 18,

l}ad the honor to represent States in this body. I :find here that Mr. take charge of our relations with Cuba; another to-morrow {because if Harlan,~ Senator at that time from Iowa, offered the following reso­ these are constituted there is no reason why we should stop) to take lution on the 2nd of April, 1867: charge of our relations with the different South .American states, and .Resolved, That the Committee on the District of Columbia be instructed to so on, I think these committees will be a hinderance and a detriment to prosecute the revision of the laws of said District, authorized by a joint resolu­ the executive department of the Government in cultivating friendly re­ tion entitled "A resolution to provide for the revision of the laws of the District of Columbia.," approved June, 1864, and that they have authority to sit during lations with the different powers, and managing discreetly and wisely the recess of the Senate, and to employ the necessary clerical assistance for that our foreign relationa. It is safer to leave the executive department to ' I purpose, not exceeding $10 per day. pursue its own course. .Another resolution was introduced by Senator Willey, in these words: These subjects are referred, as occasion requires, to the distinguished Resolved, That the Secretary of War be requested to communicate to the Sen­ Committee on Foreign Relations. That committee never has been ate co pi es of all deeds. conveyances, and other evidenc~ of title, by which the found, I think, inactive or inadequate. United States have claim to any lands, tenements, wat~r privileges, or other I had some doubt as to the propriety of the resolution introduced by property at or near Harper's Ferry, in the State of West Virginia; what parts thereof, if any, have been sold or transferred, and the purposes of such sale or my friend from Massachusetts [?tlr. HOAR] creating a special commit­ transfer; and w hetber there be any reason why the ps.rt' or par is of said lands, tee as to our relationa with Canada, but the case is somewhat excep­ tenements, water privileges, or other property remaining unsold and undis­ tional. However, these different propositions following it, which take posed of shall not be sold. their lead from it, have confirmed me in the impression I had that we That is not executive business at alL Here is another resolution, in­ ought not to enter upon such investigationa by special committee. troduced by Senator Frelinghuysen: I hope that the resolution will be referr~d to the Committee on For­ R esolved, That the Committee on Agriculture be requested to report t-0 the eign Relations, an9. that it will be reported back adversely. Senate in December next wpat means should be adopted to render the Agri­ [Messages in writing from the President of the United States were cuitural Bureau more efficient and useful; and whether the salary affixed to the office of Commissioner of Agriculture should not be increased, so as to se­ received, by Mr. 0. L. PRUDEN, one of his secretaries.] cure fqr that position the services of one thoroughly learned and accomplished JI.Ir. GRAY. Mr. Presid'ent- in all that relates to that Department, and whether there should not be created ?t!r. SHERM.AN. Will the Senator from Delaware yield for an ex;­ the office of a "ista.nt commissioner of agriculture, to be filled by one distin­ guished for his ability as a practical agriculturist, and to whom might be com­ ecutive session, be having the floor for to-morrow? mitted the superintendence of experimental grounds at Washington. :Mr. GRAY. I do not intend to occupy the attention of the Senate .And so on all through the session, at each daily sitting, resolutions very long, but I will yield to the Senator from Ohio. were introduced imposing duties upon committees with a view to the EXECUTIVE SESSION. preparation and consideration of legislation at the next regular session Mr. SHERMAN. I move that the Senate proceed to the considera· of Congress. Thus it has been from the very beginning of the Govern­ tion of executive business. ment: The motion was agreed to; and the Senate proceeded to the consid­ It is no answer to th~ proposition to say that most of these resolu­ eration of executive business. After seven minutes spent in executive

tions were passed by unanimous consent1 because the question which session the doors were reopened, and (at 2 o'clock and 50 minutes p. is raised here is a question of constitutional power, and consent can not m.) the Senate adjourned until to-morrow, Tuesday, March 19, 1889, give jurisdiction. The Senate could do nothing by unanimous consent at 12 o'clock m. which the Constitution does not permit it to do by a majority vote; and there is great force in the suggestion made to me by the Senator NOMINATIONS. from Massachusetts [Mr. HOAR] that the fact that unanimous con­ sent was given during all these years by distinguished and experi­ Executive nPhiladelphia, in the State of Pennsylvania, to succeed this Government. I · think myself that the whole subject of our for­ Joseph B. Baker, who has been removed. eign relations in the Senate ought to be in the hands of one commit­ John P. Ward, of Oregon, to be appraiser of merchandise in the dis­ tee. Primarily the cultivation of friendly relations with the different trict of Willamette, in the State of Oregon and Territory of Washing­ powers is an executive function. The Department of St.ate has the ton, to succeed Cornelius S. Schenck, resigned. power to make all the investigations that are es.sential to afford requi­ "' . SECRETARY OF ARIZONA . . site information to the executive department, and that departmentcau Nathan 0. Murphy, of Prescott, Ariz., to_be secretary of Arizona, exercise that power, to my.mind, to much greater advantage than can t1"ice James A. Bayard, resigned. be don~ by a special committee of the Senate. They can employ secret agents; they can select men with special reference to their experience .ASSISTANT POSTl\I.ASTERS-GENERAL. • or their qualifications. They do not hm.. t for testimony with a brass Smith A. Whitfield, of Ohio, to be Second Assistant Postmaster-Gen­ band. There is nothing of the publicity incident to the "junket" eral, vice A. Leo Knott, resigned. about it. Public attention is not called to it. The facilities possessed Abraham 1>. Hazen, of Pennsylvania, to be Third Assistant Post­ by the executive department are not only adequate, but are much bet­ master-General, mce Henry R. Harris, resigned. ter adapted to the accomplishment of the purposes here intended than COID:IISSIONER OF PATENTS. this coDlD)ittee would be. Charles E. Mitchell, of New Britain, Conn., to be Commissioner of If we create a committee on our relations with Mexico; another to Patents, vice Benton J. Hall, resigned• •

,. r - ·

! 1889. CONGRESSIONAL RECO],D-SENATE. 31

CONFIRMATIONS. by the committees within eight days after the reference. Within eight days after such a resolution is referred in the House of Representatives &ecuti1:e nominations confirmed by the Senate March 18, 1889. it is required by the rule to be reported back to the House, so that an POSTMASTER. opportunity shall be had by the House for discussion and for action. J. Frank Dalton, to be postmaster at Salem, Mass. The present proposition from the Committee on Rules of the Senate has no resurrection in it. It does not call for the resolution to eYer ASSISTANT SECRETARY OF THE INTEBIOR. come back. It consigns it to the tomb of the Capulets if such should Cyrus Bussey, of New York, to be Assistant Secretary of the In­ be the mind of the committee to whom it goes. terior. A committee under this proposed rule not desiring investigation can - SAMOAN COMMISSIONERS. stifle and throttle it for all time to come. A majority of the commit­ John A. Kasson, William Walter Phelps, and George H. Bates, to tee on that side of the Chamber can do it. Mind, I do not say that .. . ; be commissioners to represent the United States at the conference to they would do it, but they can under this p.[oposed rule protect any De­ -- be held in Berlin concerning affairs in the Samoan Islands. partment of the Government daring the Administration recently in­ ducted into power from any inquiry, from any investigation. Certainly, Mr. President, such a proposition must arrest the atten­ TUESDAY, tion of the country. We are starting to administer the affairs of this JJ[a1·ch 19, 1889. Government in new hands. I wish those hands success and prosperity; Prayer by the Chaplain, Rev. J. G. BUTLER, D. D. I have no desire to break down or to destroy; but I think the majority The Journal of yesterday's proceedings was read and approved. in this Chamber can ill afford to let it go forth that they will put up CENTENNIAL ANNIVERSARY OF WASHINGTON'S INAUGURATION. the bars and stop the pathways by which wrong-doing can be found The VICE-PRESIDENT. In pursuance of the provisions of section out. 4 of the act making appropriations for sundry civil expenses of the I confess that the proposition of this rule startled me. I wondered Government for the fiscal year ending June 30, 1890, and for other at it and took some pains to see whether the like had ever been pro­ purposes, the Chair appoints Senators HIScocK, SHERMAN, HOAR, posed before. With the exception of the amendment to the twenty­ fourth rule in the House of Representatives in the Forty-sixth Con­ VooRHEES, and EUSTIS as the committee on t~e part of the Senate. · gress, no step like this has ever been contemplated, and in the amend­ LOUIS RIEL. ment to the twenty-fourth rule of the House, as I have said, provision On motion of Mr. BLAIR, it was is carefully made that the resolution shall not be buried, but shall Ordered, That the report of the Secretary of State, ~ith accompanying manu­ come back with a report upon it, whether favorable or unfavorable, so script, in regard to the case of Louis Riel, be printed for the use of the Senate. that the subject is not swept away from the consideration of the House REFERENCE OF RESOLUTIONS. as this rule proposes to put it in the power of any committee to sweep Mr. SHERMAN. If there is no urgent business before the Senate, any resolation away from the further consideration of the Senate. I move that the Senate proceed to the consideration of the report from For these xeasons I am not prepared to vote for the adoption of this the Committee on Rules made the other day, which is upon the Cal­ proposed rule, whatever other Senators may think upon the subject. endar. Mr. SHERMAN. Mr. President, this proposed amendment to the The VICE-PRESIDENT. The Senator from Ohio moves that the fourteenth rule was adopted without objection and without division in Senate proceed to the consideration of the report of the Committee on the Committee on Rules, all of the members of which have had long Rules. The question is on that motion. experience in parliamentary proceedings. The motion was agreed to. The evil which we sought to correct was this: Sometimes resolutions The VICE-PRESIDENT. The report will be read. of the character referred to are introduced upon the motion of a single The Chief Clerk read as follows: Senator without examining as to the nature of the information already Mr. ALDRICH, from the Committee on Rules, gave notice of the intention of furnished from the Department, sometimes involving large expense, the committee to move an amendment to Rule XIV, clause 5, by the addition and in some cases which were mentioned in committee involving the thereto of the following words: expenditure caused by printing very large documents which had already "And any resolution calling upon tbe President or any head of a Department for information shall be first referred to the appropriate committee." been printed. Mr.SHERMAN. Lettherule be read as itwould stand if amended These resolutions of inquiry leave no discretion with the heads of Departments. They call for certain information and that must be com­ as proposed. municated in a certain form, sometimes requiring the employment of 'l'he CHIEF CLERK. As proposed to be amended the rule will read: thirty, forty, or fifty clerks for !Ii month or two. In one case whlch was 5. All resolutions shall lie over one day for consideration, unless by unani­ mous consent the Senate shall otherwise direct; and any resolution calling stated to the committee it had probably taken a hundred clerks for two upon the President or any head of a Deoa.rtment for information shall be first months to procure the information. These resolutions are passed pro referred to the appropriate committee. forma, simply to carry out the general desire to call for information and Ur. VOORHEES. What is the wish of the Senator from Ohio at make it free, and in this way a large expense is involved and unneces­ this time-to take this up and adopt it? sarily involved in allowing such resolutions to pass without inquiry, Mr. SHERMAN. That is the desire. I think it was agreed to by without examination, and without reference. Senators on both sides that some restraint of this kind should be made. Therefore it was that the Committee on Rules were of opinion that At all events the rule was adopted by the committee nem. con. that all some restraint should be made upon the free pas.5age of these resolu­ resolutions calling for information, which necessarily involve expense tions, not that any Senator would deilie to restrain in the slightest de­ and in some cases very great expense, should be referred to some com­ gree the ability or power of the Senate as a part of the legislative branch mittee before they are passed. I believe that was the general senti­ to examine into any question whatever. No one dreamed of a thing of ment so far as I could e:atheritfromSenatorsatthelastsession. How­ that kind, nor did we design to do it. We knew very well that if any ever, the matter is an open question now, and if there are any objec­ attempt was made to smother information it would be at once exposed, tions to the proposition, I should be very glad to hear them. and that when a charge is made against an executive officer the only Mr. VOORHEES. I am informed by Senators around me that there way is to meet it at once by a prompt investigation. has been not a word of assent to this rule on this side of the Chamber As a matter of course if we should desire now an investigation as to as far as known. Such is my own impression also. what had occurred in Mr. Cleveland's administration, the other side I desire simply to call attention to the fact that we are now within would not have the temerity to refuse to permit the examination, be­ a few weeks of accomplishing_a hundred years of history under our Con­ cause to do so would be an acknowledgmentofthe charge. So of this stitution, and that during the entire century of our national life no such side, if any Senator on the other side desired really to examine into the rule as this has ever been found necessary. :I can perceive no object conduct of the Executive Departments we should not deny info>:mation, that it is likely to accomplish except to stifle investigation and obstruct for if we did deny it that would be in the nature of a co:µfession of the inquiry. . charge. We have grown with our growth and strengthened with our strength But such resolutions calling for information, involving expense as and pursued our great career without ever before raising a restrictive they do, should not be passed except for some reason that could be rule upon inquiry and investigationintoanyExecutiye Department, and fairly given to the appropriate committee. We can always trust our I submit to Senators on the other side, I submit to the Senator from committees on questions of this kind. Ifit should appear in commit­ Ohio, with hls large experience and his large ability, whether we can tee that it would involve unnecessary printing or the printing over well afford on the opening threshold of a new Administration to give again of documents already on the files of the Senate, then the resolu­ notice to the world that investigation and inquiry into the proceedings tion would be modified. If it involved an examination into a charge of Departments shall be less free and less untrammeled than they have upon which information had already been given, then it would be re­ been heretofore. ported against for that reason. I am aware, sir, that the House of Representatives in the Forty-sixth So there is no danger at all that there will be any abuse by referring Congress adopted a rule upon this subjectforthefirsttime in American a resolution of this kind to our committees. Before any resolution in­ history, but it is no such rule as the one proposed here. It is a rule volving the expenditure of $5 out of the contipgent fund is passed here, calling for a refexence of resolutions of inquiry and investigation to ap­ we require that it shall go to the Committee on Contingent Expenses. propriate committees, but that rule requires a report to be made back Sometimes these resolutions of inquiry involve thousands and tens of

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