794 CONGRESSIONAL RECORD-SENATE. J .ANU.ARY 22,
.sioners from the date of their discharge from the Army, to the Com June, 1876, duly elected, in conformity to the provisions of the Constitution and laws of the United States and the State of New Hampshire, a Senat~r to represent mittee on Invalid Pensions. the State of New Hampshire in the Sena.te of the United Sta,tes for the term of six By Mr. CAULFIELD : The petition of the Chicago Historical Society, years, commencing on the 4th day of March in the year of our Lord, 1877, and on for the purchase by the Government of the papers of the General Count the 21st day of said June, at twelve o'clock m., the members of the said two houses de Rochambeau, the commander of the French forces in the revolu being convened in joint assembly, and the journal of each house being then read. and the said Edward H. Rollins having been found to have received a majority of tionary struggle for national independence, to the Committee on the the votes in each bouse, was declared duly elected Senator as aforesaid. Witness his excellency Person C. Cheney, governor of New Hampshire, and our Li~;~. COX: The petition of Robert .Fenwick! th~t aid be giv~n seal hereunto affixed. at Concord, this 14th day of July, in the year of our Lord by Congress to the public schools of Washmgton, D1stnct of Columbia, 1876, and of the Independence of the United States of America the one hundred and.first. · to the Committee for the District of Columbia. P. C. CHENEY, Governor. By Mr. CUTLER: The protest of citizens of New Vernon, New By his excellency the governor. Jersey, against the assumption by the President of the Senate of the B. F. PRESCOTI', power of counting the electoral votes, to the committee on counting Secretary of State. the electoral votes. EXECUTIVE COMMUNICATION. Also, the protest of citizens of Green Village, New Jersey, of similar import, to the same committee. The PRESIDENT pro tempare laid before the Senate a letter of the By Mr. FORNEY: The petition of A. C. Copeland and other citi Secretary of War, transmitting, in compliance with a resolution of the zens of De Kalb County, Alabama, for cheap telegraphy, to the Com Senate of the 19th instant, a copy of a report of Lieutenant-Colonel mittee on the Post-Office and Post-Roads. Q. A. Gillmore, Corps of Engineers, on a water line of transportation By Mr. FRYE: The petition of Ann F. Greely, William 0. McDon from the mouth of Saint Mary's River to the Gulf of Mexico ; which aJd, and others-78 men and 70 women-148 citizens of Maine, for a was ordered to lie on the table and be printed. sixteenth amendment to the Constitution of the United States pro PETITIONS .AND MEMORIALS. hibiting the several States from disfranchising United States citizens The PRESIDENT pro tempo·te presented the following communica on account of sex, to the Committee on the Judiciary. tion; which was read and ordered to lie on the table: By~ Mr. GOODIN: Papers relating to the claim of Dennis McCarthy . CmcAGO, ILLINOIS, Janua,ry 22, 1877. for arrears of pension, to the Committee on Invalid Pensions. Ron. T. W. FERRY, By :Mr. KASSON: The petition of citizens of Iowa, for the removal President of the Smate, Wa.shingttm : of the excessive taxation on banks, to the Com.mi ttee on Banking and I am instructed to communicate to yon, and to respectfully request that yon will lay: before the Senate the following, adopted by this board on Saturday last, to Currency. Wlt: By Mr. PLAISTED: The petition of Harlan P. Sargent and 39 citi Resolved, That the Board of Trade of the City of Chicago, representing largely the zens of Brewer, Maine, for the purchase by the United States of tele commercial and manufacturing interests of the Northwest, and without distinc graph lines for postal, military, and other purposes, to the Committee tion of political parties, heartily approves the report of t.he joint congressional committee for the final determination of all questions as to the late election of on the Post-Office and P.ost-Roads. presidential electors and the counting of their votes. By Mr. POWELL : The petition of .R. R. Little and 30 other citi By order of the board. zens of Tunkhannock, Wyoming County, Pennsylvania, for tb.e adop CHAS. RANDOLPH, Secretary. tion of measures for the amicabl6 adjustment of the present political The PRESIDENT p1·o tempore presented a memorial of the General difficulties, to the eommittee on counting the electoral votes. Assembly of Colorado, in favor of an appropriation by Congress for Also, the petition of Thaddeus W. Hunter and 149 others, that the establishment of a military wagon-road from White River agency, pensioners be allowed arrears of pension from the date of their dis- Summit County, to Hot Sulphur Springs, Grand County; which was charge from the Army, to the Committee on Invalid Pensions. . referred to the Committee on Military Affairs. By Mr. TURNEY: The petition of citizens of Greene County, l\!r. WINDOM. I present a memorial of a large number of soldiers Pennsylvania, for the enforcement of the provisions of the act of July of the Mexican war, respectfully calling the attention of the Federal 24, 1866, relating to the purchase of telegraph lines by the General Government to the fact that as one of the results of their service in Government, to the Committee on the Post-Office and Post-Roads. connection with the regular and volunteer Army we acquired the : By Mr. VANCE, of Ohio : The petition of Smith Partingale and 41 golden State of California and the Territory of New Mexico and set others, that pensioners be allowed arrears of pension from the date of tled the boundary of Texas, and that some further recognition of such their discharge from the Army, to the Committee on Invalid Pensions. service is due the few survivors of that war after a lapse of twenty • By Mr. WALSH: The petition of Rev. Thomas Scott Bacon, that seven years. They therefore "petition your honorable body that we Congress refuse to recognize the pretended State government of the may be placed upon the pension-rolls of our country." I move that usurpers in Louisiana; that such wrongs to the people of Louisiana the petition be referred to the Committee on Pensions. may be prevented in the future as have been perpetrated in the past The motion was agreed to. by civil and military officers of the United States; that the perpe 1\Ir. CHil,FEE presented the petition of Alida C. Avery, N. W. trators of past wrongs who may be reached by impeachment may be Smith, and others-15 men and 12 women-27 citizena of the State of punished; and that tbe newly-elected President may be installed and Colorado, praying for a sixteenth amendment to the Constitution of maintained as such in spite of any fraud or force which may be used the United States prohibiting the several States from disfranchising to prevent it, to the Committee on the Judiciary. United States citizens on account of sex; which was referred to the • By Mr. A. S. WILLIAMS : Resolutions of the Board of Trade of De Committee on Privileges and Elections. troit, Michigan, composed of members of both political parties, and Mr. WRIGHT. I am requested to present the petition of 0. W. representing the business interests of that city, communicated by Garrison and a large number of citizens of Iowa Falls, Iowa, com telegraph, expressing satisfaction with the report of the joint com plaining of the unjust limitations of the present law touching pen mittee on counting the electoral vote for President and Vice-Presi sions, and praying for relief. As the subject bas been reported upon, dent of the United States, and declaring that it receives the support I suggest that the petition lie on the table. of the commercial classes without regard to party, to the select com The PRESIDENT pto tempote. The petition will lie on the table. mittee on the privileges, powers, and duties of the House of Repre l\!r. CAMERON, of Wisconsin, presented the petition of Lavinia sentatives in counting the electoral vote. Goodell, Mathilde Franceske Anneke, Carl Doerflinger, and others- Also, the petition of Joseph Lovanger and 60 other citizens of 213 men and 264 women-477 citizens of the State of Wisconsin, pray Brownstown, Michigan, that pensioners be allowed arrears of pen ing for a sixteenth amendment to the Constitution of the United sions from the date of their discharge from the Army, to the Com- States prohibiting the several States from disfranchising United mittee on Invalid Pensions. . States citizens on account of sex; which was referred to the Com 1 By Mr. WILSON, of Iowa: The petition of H. T. Bassett and others, mittee on Privileges and Elections. of Blairstown, Iowa. for cheap telegraphy, to the Committee on the Mr. KERNAN presented the petition of Jesse Howell, of New York, • Post-Office and Post-Roads. a sea-faring man, praying compensation out of the fund known as the Geneva award for loss and damages sustained by him by the destruction of an American vessel of which he was an officer by the confederate cruiser Florida; which was referred to the Committee on the Judiciary. IN SENATE. Mr. BURNSIDE presented the petition of Catharine Cornell Knowles, l.IONDAY, January 22, 1877. John C. Nichols, and others-56 men and 70 women-126 citizens of the State of Rhode Island, praying for a sixteenth amendment to the Prayer bJ the Chaplain, Rev. BYRON SUNDERLAND, D. D. Constitution of the United States prohibiting the several States from The Journal of the proceedings of Saturday last was read and ap disfranchising United States citizens on account of sex; which was proved. referred to the Committee on Privileges and Elections. CREDENTIALS. Mr. SHERMAN presented two petitions of citizens of O~io, praying the modification of the pension laws so as to allow pensiOners tore The PRESIDENT pro tempore laid before the Senate the following ceive pensions from the date of discharge of the soldier; which were certificate ; which was read and ordered to be filed : ordered to lie on the table. STATE OF NEW HAllPSHIRE, Erucutive Department. Mr. ALLISON. I present a petition signed by a larg~ number of .To all to whom these presents sluiF. come, greeting : citizens of Iowa, praying for an amendment to the pensiOn laws al Know ye, that Edward H. Hollins, of Concord, New Hampshire, was, by the con. lowing pensioners the amount of arrears to wh~ch t~ey.wo~ld be ?n current vot~s of tlle two houses of the Legislatnre of tllis State, on the 20th day of titled by a removal from the statutes of the unJUSt limitation whwh 1877. CONGRESSIONAL RECORD-SENATE. 795 t has debarred ma,ny from receiving their just dues, and that they shall before the Senat.e and in Congress; he is behind in that practical in be entitled to receive in all cases pension from the date of the dis formation that he ought to have about every measure in order to en charge of the soldier. Inasmuch as a bill has been reported, I move able him to do efficient service. When he returns he must catch up that the petition lie upon the table. with business, study the questions anew, while all the Senators who The motion was agreed to. have remained at their places have become entirely familiar with Mr. JOHNSTON presented a petition of numerous citizens of Vir them. Thi.8 is not wise or fair to the Senator sent abroad or to ihe ginia, praying for an amicable adjustment of t.b.e questions arising country. . I out of the late presidential election; which was ordered to lie on the In addition to that, it involves a vast expenditure of money which table. is unnecessary in my judgment. This service might be done in an 1 Mr. MAXEY presented the petition of a large number of citizens of other way, through commissions, quite as well as, indeed I venture to Lamar County, Texas, praying the passage of such law as shall en say better than, it can be done by committees composed of Senators. force the passage of the act approved July 24, 1866, entitled ''An act My recent experience on a committee sent to the State of South Car ·, to aid in the coru;truction of telegraph lines, and to secure to the Gov olina has satisfied me that a commissioner, or two commissioners, ernment the use of thesameforpostal, military, and other purposes;" could have taken the testimony more advantageously to the Senate which was referred to the Committee on Post-Offices and Post-Roads. and to the country than the committee of Senators did. We were _ Mr. CRAGIN presented the petition of Caroline H. Barr, Elizabeth entire strangers to that community; we did not know the various S. Preston, E. A. Barrett, and others-7 men and 15 women-22 citi localities from which ·witnesses were called; we knew nothing of the zens of the State of New Hampshire, praying for a sixteenth amend witnesses; we were unfamiliar with •what they were testifying to; ment to the Constitution of the United States prohibiting the several we knew nothing of th13 history of the controversies there which it States from disfranchising United States citizens on account of sex; was very essential to know when taking testimony, in order to ar which was referred to the Committee on Privileges and Elections. rive at the truth. A commissioner or commissioners need not be sub Mr. CRAGIN. I present the m~morial of 50 citizens of the city of ject to this disadvanta~e, especially if he or they were allowed to Manchester, New Hampshire, praying that the limitation clause, so call to their aid counsel familiar with the witnesses, the localities, called, of the pension act be repealed, and for the passage of a lavt and controversies and subjects to be examined. a-uthorizin~ the payment of pensions in all, cases to date from the time I merely make these remarks in order to call the attention of the of the soldier's discharge. I believe a bill has been reported upon Senate to the character and what I consider the importance of the that subject; I therefore move that the memorial lie on the table. bill which I now desire to introduce and have referred to the Com The motion was agreed to. mittee on the Judiciary. Mr. BOUTWELL presented the petition of Eben Shute and others, At the proper time, in the course of the morning hour, I propose to citizens of Massachusetts, praying an amendment to the pension laws introduce a resolution Mr. WRIGHT. There is no report. The Senator from Louisiana, Mr. WRIGHT. I am sure that my friend from Kansas does not he will allow me to say, was not in when I explained the bill the propose this as an amendment to strike out what he proposes and in- other morning. sert what he has sent to the Chair. · Mr. WEST. I am sorry I was not here. Mr. INGALLS. That is my intention. Mr. WRIGHT. AP. the law stands now, there is provision made for Mr. WRIGHT. I shall oppose it, and shall oppose it as an amend two roads, one from Sioux City running to the northern line of the ment even if the lan~uage sought to be stricken out is retained. He State of Iowa ; the other from McGregor running west, and the law proposes to strike thiS out, whereas we propose in a mere local mat provides that the road running from McGregor west shall strike the ter to make provision that there shall be no further extension of the other road in the countv of O'Brien. It has so occurred that in the time for the completion of this railroad. He proposes to strike that construction of the road from Sioux City north, it only touches the out. northwest corner of O'Brien County ; and hence the road from Mc Mr. iNGALLS. No. Gregor in order to strike that road in O'Brien County must be diverted Mr. WRIGHT. I understand that he proposes to strike out all of to the north, whereas it is proposed that it shall strike it immediately the last proviso. west of that county and keep on the forty-thlrd paralleL Mr. INGALLS. I propose to strike out the portion of the bill from · The first amendment is to come in at the top of the second page lines 17 to 23, inclusive, after the word "further." and omitting the last word "to" on the first page. After the word Mr. WRIGHT. That is what I understand. "company," in line 3, I move to strike out the words "to which the Mr. INGALLS. And the object of that proviso, if I understand the State of Iowa. has made, or mn.y hereafter make, the grant of the Senator from Iowa, is simply to protect the rights of homestead and lands applicable to the completion of said road." pre-emption settlers. And in lieu thereof insert the words: Mr. WRIGHT. More than that, becauseitexpresslyprovides "nor Which now is or hereafter may be by the laws of the State of Iowa entitled to to extend the time for the completion of said McGregor Western Rail complete said road and receive the lands granted for and applicable to the same. road." The amendment was agreed to. Mr. INGALLS. So far as that language is concerne The PRESIDENT.pro ten1pore. The amendment will be rea-d. but $1.25 an acre and homesteaders would have had one hundred The Chief Clerk again read the amendment. and sixty acres of land. Now, the Senator from Iowa comes in and Mr. 'WRIGHT. I have no doubt that this amendment introduces a asks Congress to change the terminus and, therefore, the route of most pernicious rule ; but as I am exceedingly anxious to get this this toad. bill out of the way before the expiration of the morning hour, I pro Mr. WRIGHT. Will the Senator allow me to interrupt him T pose not to make any further resistance to the amendment as I un MrliNGALLS. Yes, sir. derstand it now, and let the bill go back to the House and be settled Mr. WRIGHT. It is a matter of a great deal more importance to finally by subsequent proceedings. my people to have this bill through, even with this amendment upon Mr. ALLISON. I desire to say one word in reference to the amend it, than it is to have it delayed. I therefore ask that, unless there be ment of the Senator from Kam~as. I do not think that amendment some objection, the amendment be concurred in and let it go to the has any application whatever to this bill, although it may be a cor House and have it by a committee of conference settled. Let that rect principle to adopt. The original act provided for land grants to be done unless there be some objection on the part of other Senators two railways, one beginning at Sioux City and extending in a. north to the amendment. easterly direction to the city of Saint Paul, the other beginning on Mr. INGALLS. That is all I desire, to have the amendment the Mississippi River and extending directly west on the line of the adopted. forty-third parallel; and the two were to meet in O'Brien County. Mr. WRIGHT. I want to have the bill disposed of, as it is a mat When these two lines were made they did not meet in O'Brien County ter of -vital importance to us locally that we shall have some work on as a matter of fact, and the Sioux City and Saint Paul rail way is com this road the present year. We cannot without it. pleted. Their line is fixed. The other railroad is not completed. In .1\Ir. WINDOM. I have no objection to the proposition with the order to make a crossing of that railway, as provided by the act of amendment offered by the Senator from California, which has been 1864, they are compelled in fact to cross west of O'Brien County or agreed to. divert their line too far from the forty-third parallel or from a direct The PRESIDENT p1·o tempore. That has been accepted. The qnes east-and-west line. tion is on the amendment of the Senator from Kansas, as amended. The bill as it stands now does not change the route of the McGreg The amendment was agreed to. or Western Railway in any sense; therefore the amendment proposed Mr. MORRILL. I move to insert after the word "grant," in line by the Senator from Kansas does not affect, as I understand, the land 17, "nor to give said railroads any claim npon the United States to be granted in this act. It involves a new principle with reference to re-imbursed for lands which may have been pre-empted or purchased land grants, and in that respect it may be of value to him as a. prec or occupied by settlers under the homestead acts of Congress. edent applying to some other railways in Kansas or some other por Mr. WRIGHT. I have no objection to that. tion of the country. The amendment proposed by him will be quoted The amendment was agreed to. . hereafter possibly as a precedent set by this Congress with reference The bill was reported to the Senate as amended, and the amend .to the rights of pre-emptors and homestead settlers. I do not know ments were concurred in. that it is wrong; I think it is right ; it appears to me to be so, but it The amendments were ordered to be engrossed and the bill to be has no application to this bill, and I trust it will not be adopted with read a third time-. out some previous examination by the Committee on Public Lands or The bill was read the third time, and passed. other committee of the Senate. Mr. WINDOM. If I understand the olast clause of the amendment, PRESIDENTIAL APPROVAL. I am opposed to it. I think it introduces a new principle entirely, and A message from ·the President of the United States, by Mr. U.S. that is t.o allow parties who have received eighty acres under the GRANT, jr., his Secretary, announced that the President had on the homestead law to make up their deficiency anywhere else in the Unit 20th instant approved and signed the act (S. No. 842) authorizing the ed States. I know of no case in which we have allowed that to be commissioners of the District of Columbia to remove the jail on Ju done. If we have allowed them to make up deficiencies at all, it has diciary Square to grounds near the Washington Asylum for the use been within the limits of the grant to the road; but this gives them of the District. a wandering commission to go anywhere in the United States. I JOHN E. CATLETI. think it would be a very pernicious principle if we should adopt it. Mr. CAMERON, of Wisconsin. I move to take up Senate bill I may have misunderstood the amendment. No. 807. · Mr. SARGENT. Is an amendment to the amendment in order t The motion was agreed to; and the bill (S. No. 807) for the relief of The PRESIDENT pro tempore. It is. John E. Catlett, of Hannibal, Missouri, was considered as in Commit Mr. SARGENT. I propose the following amendment to the amend tee of the Whole. It providee for the payment to John E. Catlett, of ment of the Senator from Kansas: After the words "United States," Hannibal, Missouri, of $4001 for money expended and services ren in the next to the last line of the amendment, I move to insert dered in the detection, arrest, and conviction of Edward W. Wise, for " within said State;" so as to read : . manufacturing and passing counterfeit fractional currency. That settlers under the homestead laws who, by reason of such withdrawal and The Committee on Claims proposed to amend the bill, in line 16, by snbseqnentchange, have received but eighty acres of land shaJl be entitled to eighty redncing the amount appropriated from $400 to $300. acres additional, to be selected from any of the public lands of the United States The amendment was agreed to. within said States, open to settlement or pre-emption. at the minimum price. The bill was reported to the Senate as amended, and the amend Mr. INGALLS. I accept the amendment. Does the Senator from ment was concurred in. Iowa [l\fr. WRIGHT] object to the amendment as amended Y The bill was ordered to be engrossed for a third reading, read 1he Mr. WRIGHT. I think the amendment is entirely out of place. I third time, and passed. regard it as vicious in principle, as I understand it, as applied to such MESSAGE .FROM THE HOUSE. a bill as this. I therefore trust the amendment will be voted down and that we shall have the bill as reported by the committee. A message from the House of Representatives, by Mr. GEORGE M. Mr. INGALLS. I understood the Senator from Iowa to say that ADAMs, its Clerk, announced that the House had passed the follow under the circumstances he was willing that the amendment should ing bills; in which it requested the concurrence of the Senate: be made to the bill, and that, as amended, it might go to a. committee A bill (H. R. No. 4475) removing the political disabilities of Joel S. of conference for further consideration; but, as he now asks the Sen Kennard, of Savannah, Georgia; ate to vote down my amendment and says that the principle involved A bill (H. R. No. 820) for the relief of the mission of Saint James, is new and vicious and one that ought not to be adopted, I beg leave in Washington Territory; and to submit a few remarks to the Senate in regard to what has been A bill (H. R. No 4476) to provide for the appointment of an official said by him and by his colleague. short-hand reporter for the United States courts in and for the dis The law under which this road was endowed was approved on the trict of California. 12th of May, 1864. The second section of the act provides- ENROLLED BILL SIGNED. SEc. 2. And be it further enacted, That the sections and parts of sections of land The nieseage also announced that the Speaker of the House had which by such grant shall remain to the United States within ten miles on each signed the enrolled bill (H. R. No. 4307) making appropriations to side of said roads shall not be sold for less than double the minimum price-of pub supply certain deficiencies in the contingent fund of the House of lic lands when sold, nor shall any of said lands become subject to sale at private en· try until the same shall have been first offered at public sale to the highest bidder Representa~ives, and.for other purposes; and it was thereupon signed at or above the minimum price as aforesaid: Provided, That actual bona fide ~' The motion was agreed to; and the bill (S. No.l152) granting a pen On the 18th day of Augu~t, 1.868, Messrs. Wilson.& Beard, attorneys for claim sion io Amasa J. Finch was read the second time and considered as ants, a~f:irosse!l a commUIDcation to .Mr. W. B. Miller, of Louisville, Kentucky in au~ho~g him to sa:y; ~General Thomas that if the Government relinquished Committee of the Whole. claunants_ pr of back rent, on condition of The bill was reported to the Senate, ordered to a third reading, read the ~urrender of possessiOn, had no legal force. In this we concur. If there was the thir(l time, and passed. ~ny JUSt reaaon w~y- the prop~r~y shou_ld not be given up, then it was wrong to give It up on such conditiOn; bn~ ~fIt was JUSt to give it up, the officers had no right to BENJAMIN AND D. W. FE.NTON. exact any b!ll"densome. condi?on, and any waiver made under such circumstances would be mtbout consideration and of no leaal effect. . Mr. CAMERON, of Wisconsin. I move the present consideration of The accounting officer having held that 'Claimants were entitled to reasonabl~ Senate bill No. 855. rent from August 20, 186~. (the date of the termination of the war as fixed by the The motion was agreed to; and the bill (8. No. 855) making an ap Supreme Court of the Uruted States,) to September 30, 1868, the date the premises were surrendered, the amo~t was fixed upon t~e report of Quartermaster Ekin at propriation to pay the claim of Benjamin Fenton and D. W. Fenton, $2,500perannum, and theclalJDants haveaccordmgly been paid the sum of$5 277 713 was read tho second time and considered as in Committee of the The balance of ~he claim-that is, th~ claim for rent from Jtme 6, 1862, to Ang~st Whole. It appropriates $958.32 in full payment, satisfaction, and 20, 1866-was !~Jected, a~d C~ngressiS _now asked topa.ythisrejectedclaim. Is the discharge of the claim of Benjamin Fenton and D. W. Fenton, for rent Government liable for this rt\)ected claun ~ of lot No. 59 of the Memphis navy-yard, in Memphis, Tennessee, while Be~jamin Fenton, ~ne of the claimants, is now and during the late civil war was !' resid~nt of Memphis, and D. W. Fenton, the other claimant was then and still the same was occupied by the United States. IS a resident of New York. ' Mr. EDMUNDS. Let us hear the report read in that case. It is_not claimed that the Government agreed with the claimants to make com The Secretary read the following report submitted by Mr. CAMERON, pensation for the use of the premises. . In. the view wh}ch your CO'!fimitte~ t;tkes of this claim it becomes important to of Wisconsin, from the Committee on Claims, on the 20th of May, mqUITe, "whe~ .did the reb.ellton begm and end 1" 1876: _Acts of hostility by the msurgents. occurred at periods so various and of such The Committee on Claims, to whom was referred the petition of Fenton & different degrees of Importance and m parts of the country so remote from each Brother, of Memphis, Tennessee, praying compensation for the nse and occupation o~her, bo!h at ~e colll!Ilencement and close of the late civil war, that it wonlll be of lot No. 59 of the Memphis navy-yard from June 6, 1862, to August 20, 1866, sub difficult, if not 11DposSible, to say at what :precise day it beaan or terminated. It is mit the following report : necessary, therefore, to refer to some pubh_c act of the political departments of the By an act of Congress approved August t5, 1854, the United States ceded all the Government t;o fix the dates; aJ?.d, for obVIous reasons, those of the executive de grounds and appurtenances th.13reunto belonging, known as the Memphis navy par.tment, wh1ch ~ay be and ill fact was, at tile commencement of hostilities yard, in Shelby County, Tennessee, bl the mayor and aldermen of the city of Mem obliged to act dnrmg the recess of Congress, mnst be taken ' phls. The Suprem.e Cou~t, in the case of The Protector, (12 Wallace 700,) holds that In the year 1857 the city of Memphis mortgaged the :property to secure a debt of the proclamation of mtended blockade by the President fL"es and determines the $350,000; and to raise the money to pay interest on said debt laid off the grounds date of the commen~men~ of ~e war, and the proclamation that the war had closed into lots and leaaed it to various parties. fixes the date_ of t~e tarmrnation of the war. But the war did not begin or close The property for which rent is demanded is known and designated as lot 59. at the same time ill all the States. There were two proclamations of intended On the 17th day of January, 1857, lot 59 was leased by the city of Memphis to blockade: the first of the 19th of April, 1861 ; the second of .April 27, 1861. The Charles Richmond for thirty years. On the 19th day of J una, 1il58, Richmond as State of Tennessee was not embraced~ either proclamation declaring a blockade. signed the lease to Walt. C. Bradford. On the 1st day of October, 1E59, Bradford 9n the 16th of August, 1861, the Presi_dent, by proclamation, declared the inhab assigned ~he lease to claimants. Itants of Tenuessee and other States "m a state of insurrection aaainst the u niteu Cfaimants entered into possession of the premises under their lease, and while States." (12 Statutes at Lar~e, 1262.) We think that the date of thls proclamation occupying them were dispossessed by the United States authorities in June, 1862, may be deemed to fix the_ nate of t~e commencement of t.he war in Tennessee. and the occupation of the buildings for storage and hospital purposes was con There wer~ two proclama:twns declarmg that the war had closed: one issued on the tinned by United States authorities until the 30th day of September, 1868. 2d of April, 1866, embracmg the State of Tennessee and all the other insuruent The entirenavy-yard having been taken possession of by United States authorities States except Texas, and the other, issued on the 20th of August 1866 emb~ing .-t soon after the occupation of the city of Memphis, repea.fud applications were made the State of Texas. ' ' by the city of. Memphis, throu&h its solicitor and mayor, to the President, Secretary W: e will, then, 11-'? f:?e Supreme Court has decided, take the dates of these procla. of War, and other officers of tne Government, during the years 1866 and 1867, for mations as ascertaining the commencement and the close of the war in the States the restoration of the property. mentioned in them. Applying this rnlo to the claim we are now considering we The Quartermaster-General, to whom the application was .finally referred, reported find _that the war began in Tennessee August 16, 1861, and ended on the 2d day of that the property, having been used for the manufacture of arms and ammunition Apn~ 1866. for the confederate military authorities, was captured by the United States and We do not rely upon the said a{)t of February2l, 1867, herein referred to. held for its use as a lawful prize of war. The la.ws_goverrung ~e case may_ be stated as follows, that is to say, where an Secretary Stanton transnntted all the papers to the Attorney-General in October, army ocoup1es and gamsons a town man enemy's country in time of war the occu 1866, and requested his opinion as to whether the property should be considered as patiop. of such bnil~gs aa are necessar:y to the use o~ ihe army and those de captured, and as to what disposition of the property should be made by the War De pen~g upon th~m1 with all the costs .and damages, is an incideutof war for which partment under existing laws. the G:overnment IS .ill no s~nse resP.onsible. An army cannot hold a city without oc The Attorney-General returned the papers with the opinion that the casA did not cupymg some portion of It; and if they do so, that is one of the incidents of war present any of the legal element-a that constitute a case of capture, and that the ~d gives no contract, e~--pressed or implied, against the government of the occupy: property should be restored to the citv. mga1my. By order of the Secretary of War the application for restoration was then re We adhere to the rule laid down by this committee in the case of Jamca Glover ferred to Major-General Thomas, with instructions to turn over the property to the reported---, 1876, and hold that, in law, durin a a state of war it makea n~ city authorities, with an aooompanying suggestion, that in consideration of there diiferen~e wh_ether the ow:ners ?f this property were loyal or disloyal,' nor wlletber linquishment of the property in question to the city, it might feel disposed to en they resided m a loyal or ill an Insurgent State-that the situs of the property gov tertain favorably a proposition to relinquish all claims for back rent. erns. Upon this point, as well aa uRon that of :providing quarters for troops then occu The claimants have been paid for rent of the premises since .August 20 1866 on ~J:~~~ the premises, General T omas was illstructed to obtain the best terms pos- the assumption that the war ended on that day. We have seen that the 'sup~me Court, in the case of The Protector, 12 Wallace, 700, held that the war ternuna.ted On the 3d day of September, 1868, General Swords leased from the mayor so much in Tennessee on the 2d of April, 1866. of the navy-yard grounds and buildings as would answer for the accommodation of We think claimants are entitled to be paid rent from April2 1866 the date of the troops, and wa.s informed by the mayor that he was not authorized to make any the end of the war in Tennessee, to August 20, 1866 at the rate of ' 2 500 per annum. aiTangement as to the back rent of the lessees. We therefore herewith report a bill ap~ropriatn;a the sum of ~5S.32 m full pay It appears that claimants paid to the city of Memphis the rente and taxes on said ment and satisfaction of the claimants' said claim, a'lld we recommend that the same property during the entire period of occupancy by the United States authorities, do pass. and maue many applications during the lea.rs 1866-'67-'68 to different officers of the Government for the restoration thereo , and were refused on the ground that it .1\Ir. EDMUNDS. Is that report made by the Senato1· from Wis wa.s required by the Government as a military storehouse. consin f ~ replY: to an application made by claimants during the summer of 1868, to Cap M.r. CAMERON, of Wisconsin. Yes, air. The hill siruply provides tam Parkinson, quartermaster at Memphis, for the restoration, they were advised lJy G_eneral Thomas that the Government would turn over the property only on for the payment of rent from the 2d of April, 1866, to the 20th of Au o-ust, condition that they (claimants) would relinquish all right to claim for rent and 1866, during which time the property was in the actual occupati~n of d:.mages. tho United States, as tho Supreme Court has held that the war termi- 1877. CONGRESSIONAL RECORD-SENATE. 799 .~ nated in Tenne3SOe on the2d of April, 1866. \Ve reject the claim for State, to go behind the decision made by the returning officers of the rent during the war, and only allow rent during the time the property State appointed by the State for that purpose; and the bill of 1800, was in fact occupied after the cessation of the war in the State of if I remember correctly, expressly provided that the two Houses shoultl Tennessee. not go behind the returns so far as to count the votes for electors. I :Mr. EDMUNDS. Wa.s possession demanded before that time f am not an advocate for State sovereignty; I never have been; but I 1\lr. CAMERON, of Wisconsin. Yes, sir. have been a consistent advocate of State right.s as I am now. The The bill was reported to the Senate, ordered to be engrossed for a Constitution of the United States confers upon the States the power third reading, read the third time, and passed. to appoint electors in such way as the Legislatures of the States may COUNTL~G OF THE ELECTORAL VOTES. prescribe. This is the absolute right of each State. The mode of appointment is left to the Legislature of the State. The determi- The PRESIDENT pro tempo're. The morning hour has Axpired. The nation as to who have been appointed is left entirely to the State. unfinished business is the bill (S. No.1153) to provide for and reg- Should Congress assume to determine who have been appointed so ulate the counting of votes for President and Vice-President, and the far as to go behind the action of the officers of the State appointed decision of questions arising thereon, for the term commencing March by the laws of the State for that purpose, Congress would absorb to 4, A. D. 1877, which is before the Sena.te as in Committee of the itself the entire power, would become a grand returning board, with ·whole. out limit and without restraint. The very moment we undertake to Mr. MORTON. Mr. President, as the member of thecommittee who go behind the determination of the officers of the State as to there did not agree to this bill, I have thought it proper that I should make suit of a State election and to count and determine the result for our a brief statement of the grounds on which I did not concur with my selves, that moment we establish a revolution which ultimately will colleagues; but I am not well this morning and am unable to speak be the end of presidential elections. I am not now referring to the as I should desire. Still, as the bill is about to come to a vote ap- certificate of the governor, which is prescribed not by State laws but parently, I will very briefly state the reasons why I could not give prescribed by the act of Congress; but I am referring to that deter my assent to its being reported. mination of the result of elections as prescribed by the laws of the This bill is presented for the consideration of Congress under very States. The States have the right to appoint electors; the Legislature peculiar circumstances. The Congress of the United States is scarcely has the right to prescribe the method; and the evidence as to the ap left free for its consideration. We are aware that there is great un- pointment, as to who has been appointed, is left to the States as ab easiness in the public mind throughout the country; apprehensions solutely and as completely as the appointment itself. are entertained of violence, of revolutionary action on the part of the I listened to the very able speech of the Senator from Vermont House of Representatives, of some course being taken that may re- [Mr. EDMUXDS] on Saturday last with great interest. If I under snit in disturbing the peace of the country. .A member of Congress stood him correctly he assumed that there was no provision of the Con baa eaid in a speech in this city that 100,000 men would be here on stitution that executes itself except one, and that is in regard to the the 14th of February to witness the counting of the votes. That may recovery of fugitives from labor, fugitive slaves; that the rest of the be regarded as an extravagant utterance; but it isone of very many provisions of the Constitution are not self-executing, but require leg of the kind that come up to us from different parts of the country ; islation to carry them into operation. He made a distinction, I be so that the business interests of the country have become alarmed, lieve, which is correct, that there are two classes of powers conferred and there is a disposition to take almost any measure that may be by the Constitution. Where a power is conferred directly upon any de proposed that will give assurance of peace without very much regard partment of the Government by the Constitution, that power cannot to tbe character of the measure. be taken from that department; th~t power cannot beclelegated; but I do not think I a.m at all out of the way when I say that this bill where the Constitution simply imposes a duty, but does not vest any is a literal product of "the Mississippi plan;" that the shadow of in- particular department with the performance of that duty, then Con timidation has entered this Chamber, and that in proposing this bill, gress may by law determine who shall discharge that duty. and in the consideration of it, members of the Senate and of the House- If I understood the Senator aright, he took the ground that the are acting under the apprehe~sion O'f violence, of some great revolu- counting of the votes was a duty imposed by the Constitution, but tiouary act that will threaten the safety and continuance of our in- that the Constitution had not located it, had not said who should do stitutions. I do not myself believe in the reality of this danger. I it. He denied that the duty was imposed upon the President of the believe that this sort of talk is intended for a purpose, and I very Senate. He said the President of the Senate. was directed to open all much fear that it will accomplish that purpose. The real danger that the certificates, but he was not directed to count them. He was di we are in results from weakness, results from timidity, results from rected to open them "and the votes shall then be counted." The not darin~ to stand up to do our whole duty a.s we understand it. power and duty to count were not located in the two Houses; the Con- It is sa1d by geologists that there was a period in the history of stitution did not say that any more than it said the President of the the earth's crust when there were skull-less vertebrates; and it would Senate should count them. It said the votes should then be counted. seem now that we have come to that period when there are verte- Assuming, for the sake of the argument, his position to be true that brateless skulls. The thing to do is to do what is right, and to do it there is nothing in the Constitution, any part of it, that indicates fearlessly. For one, I am not afraid that, if this vote shall be counted that the President of the Senate shall count the votes as well a-s open as it was for the first seventy-two years in the history of our Gov- •,hem; assuming it to be true that the Constitution simply imposes a ernment, there will be any revolution ; I believe that any one who duty to count the votes, but does not say by whom the duty shall be attempts it will be utterly destroyed. performed, and therefore that Congress is left free to impose the per- I regard this bill, Mr. President, a.s a compromise. It will take its formance of that duty upon a commission and upon any person it sees place alongside of the compromise of 1820, and the compromise of proper to put in that situation, his position would be tenable. The 1850. By the compromise of 1820, all the territory south of 36° 30' Senator in applying that to this case m..1.de use of the following Ian was given over to slavery; and, when the time came to settle the guage: terri tory north of that line, the com promise was destroyed. By the But, as I have said, I only intended on this occasion to explain in as brief a way compromise of 1850 the institution of slavery got the immediate ben- ~s I ~ould ex~ctly wh~t the bill if! and in a.general way the grounds upon 'Y"hich efit of the fugitive-slave law which gave it such prestige power and. 1~ r~s:.s. The illustr:ations that Illlg!J.t be still further I?Jade to show that t~ de- •t · ' h l _ . ' ' mdmg power of which I am speaking does not rest With you, a.nd as I think to con fid e.nce as mad e 1 aspire to t e comp ete conque::~t of the ~ountry. show equally that it does not rest With either House of Congress until Congress I believe that Rutherford B. Hayes has been elected Prestdent of provides a.ln.w that allows it to rest there, are so numerous that the whole day the United States; he has been elected under the forms of law and might be spent upon them. according to law, and that he is elected in the heart-s of the people; The position of the Senator is that the Constitution created the duty and I believe that if he should be counted in, as eighteen Presidents to count the votes, but did not locate the power or duty anywhere, were successively counted in from the beginning of this Government, and that Congress, under the general power to pass all laws necessa:ty he would be inaugurated and there would be no violence and no rev- and proper to carry into execution the powers given to any depart olution. mentor to the Government of the United States, may by law devolve There have been upon this question a great many loose opinions that duty upon a commission or upon a.ny person. If I do not state given from time to time on the first impression, without exam:ina- his position correctly, I hope he will correct me. tion, n.nd perhaps most Senators have indulged in them, so that very Mr. EDMUNDS. Mr. President, if the Senator wishes me to correct few can entirely claim to be consistent. I have indulged in them him now, he states a part of my position correctly, but he only states myself. But within the last few weeks this question has been pre- half of it; but I will take the opportunity to correct him, so as not to sented as a case in hand, not simply aa a matter speculative, some- disturb hun, afterward. thing to come in the future; and there has been a flood of light .Mr. MORTON. Well, Mr. President, I am stating the Senator's po ponred upon it such as had never been before ; many new things sition correctly and fully as I understand it, and I understand this have been discovered, many things have been said, and we have the position of his to be nec~ssary to another part of his argument, be counsel of the best legal minds all over the country. cause if the power to count the votes, which I believe he expressly I brought forward a bill some two yea.rs a.go, which was afterward disclaims, is lodged in the two Houses by the Constitution and is not reported by the Committee on Privileges and Elections, for the pur- a general power to be executed by law, then this power must be ex pose of having a law for the counting of the electoral vote. I did ercised by the two Houses only and cannot be delegated; whereas if ~ot claim that t.hat bill was perfect. It was not in view of any con- it is simply a duty imposed to count the vote then Contp'ess may locate ?ngency or case. It, however, was in one respect a safe bill, and that that duty wherever it sees proper by law. The posit-lou of the Sena- 18, leaving out of view who should count the vote, whether thePresi- tor is that neither the President of the Senate is vested with this dent of the Senate or the two Honses, it contained no word by which power nor are the two Houses of Congress, that neither can exercise the two Houses could be authorized to go behind. the returns of a it in the absence of a law pnssed for that purpose; and this bring8 us 800 CONGRESSIONA1 RECORD-SENATE. JANUARY 22, then to a very great fact which is that for eighty-four years Presi aro chosen by circuits. The Senator from Vermont barcUy did him dents were counted in and inaugurated without any authority in self justice on Saturday when he argued that they were chosen by point of law by any p~rson. The President of the Senate had no power circuits on account of geographical distribution. They were chosen to do it because there was no law authorizing him to do it. The two by circuits, as I understand it, not because of geographical distribu Houses had no power to do it because there was no law authorizing tion, but because of the1political antecedents of the men who pre them to do it. It wa.a a part of the Constitution which had not been side in those circuits. When the bill, instead of naming the judges, carried into operation by legislation. Now, sir, is it true that for names the circuits, it presents a harmless little sham that deceives eighty-four years Presidents were counted in and inaug~rated with ~obody. out authority of law! That would be a very great discoveryif it Four judges are taken by the bill because of their political anteced were true. It would show 1hat the men who made the Constitution ents, two on'each side. In other words, the four judges are selected did not understand it. I believe that they thought the first President upon political grounds, equally divided, it is said, in order to make and all succeeding Presidents were counted in and inaugurated ac the bill a fair one. Nevertheless, selection is made in the Supreme cording to law. They may have been mistaken. Their opportuni Court on political grounds. If we areto deal with the Supreme ties for knowing what the Constitution is were not so good as ours, I Court-and I confess I looked upon that proposition with more favor suppose. They undoubtedly believed that the votes were properly than the other-I thought we ought to have taken the whole court, counted for George Washington, John Adams, Thomas Jefferson, and and not admit by any form of provision that we believed politics en so on. tered into the court; not divide it up on political grounds; not as I believe that this power is vested somewhere, located somewhere, sume that the duties of that court are liable to be influenced by their that if it does not belong to the President of the Senate it belongs political prepossessions, but take the whole court as a court. I to the two Houses. It is in one place or the other. But whatever thought that the least objectionable. It is true the other day, when may be the location, in theory, that the two Houses cannot exercise there was a constitutional amendment here referring this matter to this power without legislation I think is correct. I think the Sena the Supreme Court, I voted against it; but I did so chiefly because tor from Vermont occupies a sound position in that respect; and what it re-enacted the electoral college and re-enacted an election of Presi ever we may say about the power of Congress to legislate, and con dent by the House of Representatives by States. But if we are to ceding that, as I have done heretofore and have presented bills to this take an outside tribunalit seemed to me to be far better that we should Chamber upon that hypothesis heretofore, yet that in the absence of take the court and take it a.a a court, take all the judges, and n I wish briefly to call the attention of the members of the Senate to by the State authorities as having been elected. No, sir; but they this bill. I speak of the jurisdictional part, that part conferring juris are required to find the fact were they duly appointed or elected r diction upon this commission, and it is the vital part of the bill. We If it had said that this commission shall find how many electors there need not deceive ourselves for a moment about this business. We were, and whether they were duly certified as having been elected by know that both parties are looking intently to that question and at the State authorities or the returning board created for that purpose; that particular point. We may aftect to be oblivious of it here, but we could understand that ; but they are required to find the fact as' we understand that the decision of this presidential question depends to who was elected, and thus, a-s I apprehend this bill, they are re-· absolutely upon that question, for if the principle shall stand that quired to go behind the returns from the States. If it was intended1 the action of the State authorities, those that are appointed to count that they should find who had been certified by the States a-s having the votes and to say by State laws who are elected, Rutherford B. been appointed or elected, that would be simple and easily under-; Hayes is elected and Mr. Tilden cannot be counted in except by over stood; but the bill quietly and innocently requires the commission to turning that principle. It is all in that, and the able lawyers of the find the fact as to who was duly elected. Then it provides that for democratic party on this floor and everywhere understand that just that purpose they-- 38 well as we do. I call attention to that part of this bill which gives May therein take into view such petitions, depositions, and other papers, if any, the jurisdiction to this tribunal: as shall, by the Constitution and now existing law, be competent and pertinent m Every oiJ:jection shall be- made in writing, and shall state clearly and concisely, such consideration. and without argument, the ground ihereof, and shill be signed by at least one Sena tor and one Member of the House of Representatives before the same shall be re In finding the fact as to who wa-s duly elected, they are authorized ceived. When all such objections so made to any certificate, vote, or paper from a to take into consideration petitions, unsworn evidence, depositions, State shall have been received and read, all such certificates, votes, and papers so papers of all kinds, reports, everything that may be put in for the in objected to, and all papers accompanying the same, together with such objections, formation of Congress. If these things are not to be considered in shall be forthwith submitted to said commission, which shall proceed to consider the same, with the same powers, if any, now possessed for that purpose by the two determining who has been elected, then the reference is useless. If Houses acting separately or together- this commission is to be controlled by the State authorities, by those ! may here remark that the bill proceeds upon a theory different who have been certified as elected by the returning officers of the from that of the Senator from Vermont in his argument. He assumes se:veral States, then they have no occasion to look at these petitions; that the Constitution does not locate this power anywhere, but that memorials, and reports. The bill invites them to look at these papers; it is to be located by law, while this bill goes upon the hypothesis invites them for a purpose, and there can be no use in looking at them that this power is located in the two Houses and that this commis if the other principle of law is to be observed, that they are to be gov sion shall have what the two Houses have, more or less- erned by the returns made by the officers of the several States. Now, Mr. President, I think I do the intelligence of these dis .. which shall proceed to consider the same, with the same powers, if any, now pos· sessed for that purpose by the two Houses acting separately or together, and, by a tinguished democratic Senators but justice when I say that they majority of votes, decide whether any and what votes from such State are the votes would not go for this bill except that it gave them a chance for the provided for by the Constitution of the United States, and how many and what per only thing that can count Mr. Tilden in, and that is, to go behind the sons were duly appointed electors in such State, and may therein take into view returns. Outside of that he has no chance, no possible hope; and such petitions, depositions, and other papers, if any, as shall, by the Constitution and now existing law, be competent and pe~inen~ in such consideration. that these distinguish!3d and eminent lawyers go for a bill which at the very beginning cuts off aud shuts out this their only hope, I must First, they are required to find what were t.he constitutional votes be excused for saying that I do not believe it. of a State. They are required to do a thing there which in my opin Mr. President, I am not able to proceed any further to-day. ion the Constitution does not authorize, whether the power to ·count the votes be vested in the President of the Senate or in the two SWEARING IN OF A SENATOR. Houses. They are required to find, for example, under that provis .Mr. HAMLIN. I ask the Senate to suspend its action upon the bill ion whether the electors were eligible or ineligible as to their quali for a moment that the oath of office may be administered to my col fications, while I maintain there is no time or place under the Con league-elect [Mr. Bi:.AINE] whose credentials I a few days ago pre.! stitution when the votes are counted for an inquiry of that kind. sen ted for the term he ha-s lately been filling under ex!3cutive appoint~ The duty is short and simple. The President of the Senate shall ment. He wa-s not in his seat in the morning hour, but is now present open' the certificates in the presence of the two Houses and the votes and ready to take the oath of office. , shall then be counted. There is but one thing to do and that is to The PRESIDENT pro tempore. The Senator-elect from Maine will count the votes. There is no time, there is no place to try the ques please present himself to be sworn. tion of the eligibility of the electors. Mr. BLAINE advanced to the desk, and the oaths prescribed by law . Suppose it should be said, if you please, that the President him having been administered to him, he took his seat in the Senate. self, the candidate, is not a citiz·en of the United States; that he is not eligible to be elected, and that that charge should be made when CO~TIXG OF THE ELECTORAL VOTES. the votes are counted. The candidate takes issue; he says he is a The Senate, as in Committee of the Whole, resumed the considera· citizen; was born in this country, or he says he is thirty-five years tion of the bill (S. No. 1153) to provide for and regulate the counting old. That may be denied. An issue of fact arises. Can yon try that of votes for President and Vice-President, and the decision of ques issne then f Will you count him out because you say he is not thirty tions arising thereon, for the term commencing March 4, A. D. 1877! five years old when he says heisT You cannot try that question of Mr. FRELINGHUYSEN. Mr. President, may I ask the attention fact then. Will you count him out because it is said he was not born of the Senate while as briefly as possible I give some of my views on in the United States f He says that he was; that there are those the subject involved in the pending hill f living whowere present and can prove it. If that issue is made you Appointed as one of the committee in reference to counting the cannot possibly try it at that time. And so with regard to electors. electoral vote and having to the best of my ability discharged that If they suggest that an elector was not eligible, that he was post responsible duty, I feel an obligation not to remain entirely silent. master, if you plea~e, he may deny the fa-ct ; he may insist that he While many of the reflecting and patriotic people of this country had resigned before that time, and his resignation had been accepted. are interested, yes, deeply interested in several matters growing out Is there any time or pla-ce there to try the issue of fact, whether he of this subject, I believe there is one consideration with them which was eligible or not; whether he wa-s postmaster or not; whether he is paramount to all others. They are interested that their respective was qualified or not to become an elector! No, Mr. President, who candidates for the Presidency shall be successful. They are inter ever may count the votes, there is no time or place when you count ested that the true dignity and proper deportment of the Republic the votes to try that question. in the exercise of its elective franchise shall be maintained. They The two Houses are to come together. The President of the Sen are interested that no precedent shall now be set which in each re ate is to open all the certificates. That does not mean every kind of curring election shall lead the lust of power to resort to force and fraud certificate that may be placed in his possession. It does not mean to attain its ends. They are interested that the peace of society shall any paper that may purport to be a certificate, but he is to open all not be disturbed. But paramount to all these considerations is their the certificates from the electors of the several States and the votes intense anxiety that the Senate and House of Representatives-the shall then be counted, the votes in those certificates, be they good, great Legislature of the nation-rising above all party and selfish con bad, or indifferent, be they for an alien, or be they for a citizen of siderations, shall at this critical period do exactly right. the United States. At that time and at that place there is but one This legislative body is the controlling Government of the country. thing to do, and that is to count the votes. It may be said that the It fixes its policy; it shapes its destinies. Legislation for the right candidate is not qualified to be elected; it may be said that the elector may be (lenounced when it conflicts with partisan zeal or interests, was not qualified to be an elector, but you cannot try that issue and its promoters may be ostracized; but right, like of fact then and there ; there is but one thing to do, that is to count Truth crushed to earth sha.ll rise again: the votes. The President of the Senate has his duty, and that is to The eternal years of God are hers ; open the certificate that comes from the electors of the States. He But Error, wounded1 writhes with pain, is not bound to open certificates from pretended authority, from out .And dies among his worshipers. siders, from persons unknown officially. I am going on a little fur It is not necessarily that party that secures the Presidency, not ther, Mr. President. that party which secures a political triumph, but it is that party This bill requires this commission to find the facts, whether these which is most devoted to the right and to the truest interests of the electors were duly appointed. We will just put the word " elected" country that is now to be victorious. instead of "appointed," for in this connection it means the same Mr. President, the earliest commentators on the Constitution pre thing. They are required to find were these electors duly appointed t dicted that our greatest peril would be in the succession of the Presi· They are not required to find whether they have been duly certified dency, and it seems as if every conceivable circumstance had com· V-51 802 CONGRESSIONAI1 RECORD-SENATE. J~U.ARY 22, bined to enhance that peril. The momentous question, whether the ate, the Speaker of the Honse, and the Chief-Justice of the Supreme. Administration~ with its vast patronage reaching to every village in Court of the United States to decide which of the two votes should the land, is to change hands is to be decided by one vote out of 369- be received. Twenty republican Senators voted with me, but the 185 to 184. The currents of party feeling are strong, dashing against amendment was lost. The measure now before us carries out the the foundations of our institutions, and the waters are bitter. The principle of that amendment. Instead of the subject being referred people have but recently ingrafted colored suffrage on our Constitu to the President of the Senate, it is referred to five Senators; instead tion, and many men of influence are in heart opposed to the provision, of to the Speaker of the House, it is to five Representatives; instead and extremely, unreasonably, and unjustly reluctant that that vote of to the Chief-Justice, it is to five justices of the Supreme Court. I shall determine th& Presidency. States that are believed to have a thouuht the amendment necessary for the good of the country before large political majority for one party have sent returns in favor of the the e~eotion, and the election, I assure you, has not changed my opin • 'other. In four States double returns have been sent to the President ion. of the Senate by persons who claim to represent the true government Mr. President, those who object to this moosure I think will see at of the respective States. Honest men of each of the two great parties once that under the practice of the repo blican Senate and House for believe that they are about to be defrauded out of their ri~hts, while ten years, or under the bill that passed the Senate at the last session, myriads of office-holders and office-seekers strive to intensify the ex there would be a sorry prospect of having the House agree that th.e cited feeling. And amid all this complication the law-such a con vote of Louisiana, Florida, or South Carolina should be counted; an-a dition of affairs not having been contemplated-is undefined, yes, is if they were rejected, the Senate very possibly might retaliate as to chaotic, and what is still worse at such a time, the political majority other States and thus the will of the people, whatever that will may in one Honse differs from that in the other. be found on investigation to be, would be entirely defeated. ; It may be that it would be heroic statesmanship for the one party I agree that the method practiced by the two Houses for ten years, to claim that the power to count the vote is with the President of and provided for in the bill as it passed the Senate last year, is not the Senate and for the other party to claim that the approval of both the constitutional method of counting the vote ; but with these Houses of Congress must be had before a vote shall be counted, but I precedents against the republican party, amounting well-nigh to an do not think so. I do not think so, first, because neither proposition estoppel, I think it but just to say that the democracy of Congress in my opinion is true, and because, assuming that anta~onistic posi have acted with entire fairness in agreeing that where there is but a tion necessarily brings discredit and dishonor on the J:£epnblic. If single return from a State the vote shall be counted unless both there ever was a time when the representatives of the people should Houses reject it, and iil joining with us in establishing a tribunal so rise above passion, and prejudice, and party feeling, and with true just and equal that the veriest caviler cannot point out in it any ine courage and patriotism avert the threatened evil to our country, this quality, which tribunal shall decide in case there is a double return is that time. The duties of a faithful Senator are always responsi from a State which of the two shall be counted, subject to the right ble, but in conn:onting this question we touch the point of the high of both Houses still to reject the return that has thus been decided est duty. to be the true one. Events of interest, opportunities for usefulness frequently occur to But, sir, it is insisted that the constitutional method is for the Presi pnblicmen, but it is seldom that they have an opportunity in a time dent of the Senate to count the votes. That position we will con of marked political hazard of promoting a measure so calculated in sider presently, remarking here that if the power to count the "1otes my opinion to check a disastrous current of events and to give a is by the Constitution either expressly or impliedly reposed in the new and ha.ppy turn to public affairs. We must at all events, sir, do President of the Senate, it is a little difficult to understand how so our duty if we can discover it, even though it be at a personal many of us have under our oaths for ten years, and most emphatically sacrifice. at the last session, declared that the power under the Constitution Mr. Justice Story, in speaking of the Senate, uses this language: was not with the President of the Senate ; for how could we have There are particular moments in public affairs when the people, stimulated by conferred that power upon the two Houses of Congress if the Con- some irregular passion or some illicit advantage, or misled by the artful re'P,resenta stitution reposed it with the President of the Senate f · tions of intrnsood men, may call for mea.snres which they themselves will a.fter By whom under the law as it stands is the electoral vote for Presi wards be most ready to lament and condemn. In these critical moments how salu f tary will be the interference of a body of respectable citizens, chosen without refer dent and Vice-President to be counted The familiar provision of the ence to the exciting cause, to check ihe misguided course of public opinion and to Constitution is that the electors of the several States- enspend the blow until rea.son,jnstice, and truth can regain their authority over Shall make distinct lists of all persons voted for as President, and of all person.s the public mind. voted for as Vice-President, and of the number of votes for eaeh; which lists they shall sign and certify, and tra.n.smit sealed to the seat of Government of the United Sir, I believethat the complication which now seems somewhat to States, directed to ttie President of the Senate. The President of the Senate shall, imperil the quiet propriety of the Government will be adjusted by in the presence of the Senate and Honse of Representatives, open all the certifi~ Congress and accepted by the people. And then our nation-its en cates and the votes shall then be counted. ergies and conscious strength havin~ been developed by the war; its In answer to the question who is to count the votes f I reply that if habits of frugality and economyhavmg been inculcated and fixed by the controlling word in the short sentence "and the votes shall then the recent financial depression; the capability of the people for self be counted," is the word" counted," and if that word "counted" is government and the stability of our institutions having been demon taken to mean only enumeration or arithmetical computation, the strated by a quiet and peaceful solution of existing embarrassments votes are to be and may be said always to have been counted by the then our nation will enter upon a career of progress and prosperity President of the Senate. The votes are under the Constitution in his that has in history few parallels. custody. AB a matter of practice, since the origin of the Government, And now, sir, let me call the attention of the Senate to what, in my he has handed the votes to tellers of the Senate and of the House in opinion, is the present condition of the law relative to counting the the presence of the two Houses. The tellers made the tally, the list, electoral vote. It is essential that we know what the existing law is and then handed the result to the President of the Senate, and he before we can determine whether remedial legislation is required. haa announced it. Although the computation of votes is in fact Mr. President, this meaanre seems to meet with more opposition made by the tellers I call this process (using the word "count" as from republicans than from democrats. My opinion is that I am simply meaning enumeration) a counting by the President of the a republican, and while I would seek no unfair advantage over the Senate, for the reason that for a long period after the origin of our opposing party, I would be the last man to sacrifice in the slightest Government, for some thirty-six years, the President of the Senate, degree the interests of that party of liberty which has so bravely and as directed by the jointresolntion of the two Houses, made and signed so grandly stood by the nation in its hour of peril. Some republicans a certificate which was transmitted to the President of the United. say with emphasis that we must stand by the constitutional method States and by him sent to the person who had been elected; and such of counting the vote, and that they will agree to nothing else. That certificates termed this process I have described a counting by the is right, sir. President of the Senate. The form of the certificate is this : ·! What is the constitutional method of counting the vote f From :Be it known that the Senate and Honse of R.epresentatives of the United States 1865 to 1875, ten years, when both Houses were republican, the method, of America, being convened in the city of Philadelphia on the second Wednes I do not say the constitutional method, of counting the vote waa this: day of February, in the year of our Lord 1797, the undersigned, Vice-Presjdent When the vote of a Sta~ was called, if it was objected to, the two of the United States and President of the Sena.te, did, in the presence of said Sen Houses separated, andA.:f they both agreed, the vote was counted; ate and Honse of Representatives, open all the certificates and count all the votes of the elootorsfor a President and Vice-President, by which it appears tha.t Thomas but if they differed the vote was not counted. Either House could .Jefferson, esq., was duly elected. agreeably to the Constitution, Vice-President of reject it. By a bill which passed the republican Senate last session the United States of America. 9 by a large vote, but did not reach the House, we have an enactment And, sir, the practice of simply counting the votes has not been in these words : changed; and I take it that, using the word "counted" to mean 1 That if more than one return shall be received by the President of the Senate "enumerated," none will dispute that the President of the Senate from a State, purporting to be the certificates of electoral votes given at the last preceding election for President and Vice-President in such State, all such returns counts the votes; but in the short sentence" and the votes shall then be shall be opened by him in the presence of the two Houses when assembled to count counted" there is another more important word even than u counted;" the votes; and that return, and that only from snob State shall be counted which it is the word "votesi" votes are to be counted. Who is to adjudi the two Holl868 acting separately shall decide to be the true and valid return. cate what are votes! 1s the question at iHsoe. The measure before us When that bill was before the Senate, knowing that it was our con provides that if there is one return from a State, it shall be counted, stitutional duty to give effect to and not to suppress the will of the unless both Houses reject it; and where there are two returns the people, I was extremely anxious to have an amendment adopted which vote shall not, as heretofore, be lost by either House so declarin~, but should provide that where ~he two Houses disagreed as to counting that it shall be referred to a fair commission, to advise which IS the true vote and phat the vote w~ch it says is the true one shall stand tbe vote of a .State it should be referred to the President of the §en- 1 1877. CONGRESSIONAL RECORD-SENATE. 803 in the same position as does the vote of a State from which there is election of the President by the States, further than to ascertain but a single return to be counted, unless both Houses reject it. who the State said it had voted for, and to that end guarding every If it be true that this power of adjudicating what ia a vote to be point of danger, that yet Congress possessed the right to go behind counted is by the Constitution reposed in the President of the Senate, the duly authenticated papers sent np by the States, determine upon the bill under consideration ia of course unconstitutional. But it the fairness of the coud oct of the inspectors, judges, and the canvass-, would be a wonderful power to repose in one man. Suppose that dur ing and returning boards of the State, decide whether this parish ing the recent war the President of the Senate had said, "I hold that should have been counted and that one rejected, and, in fact, turn· the Union cannot be dissolved, and I therefore recognize aa trne votes itself into a grand returning board of the nation to examine, if it those returned from the Southern States," is it true that under the pleased, eight or ten million of votes and adjudicate which of two citi~ Constitution the Senate and the Representatives of the people must zens had in the several Stat.es a majority. quietly have witnessed that proceeding I Or if, by a few more polit If Congress ha.a th~ power, it can by the exercise of its discretion ical changes or by some casualty between this and the second Wednes no, by the exercise of its uncontrolled will-make the votes elect for day in February, this Senate should change its political character and President whom it sees proper, or cast it upon Congress to elect when: then elect a ·new President in political accord with it, is it trne that he it sees fit; and thus Congress, and not the StateS, chooses the Presi~ should have the power to reject Louisiana, Florida, and South Caro dent. It is no answer to this view to say that we cannot assume that lina, and to admit Oregon f I think not. 'fhe word "counted" clearly Congress will abuse its powers. The very poSBesaion by CongreSB of signifies adjudicated as well a.a enumerated. the power to go back of the returns sent up by the States without · What we seek to know is: first, who is to determine, when there is any abuse of the power is inconsistent with the provision that the only one return from a State and that is objected to, whether it shall election of the President is devolved upon the States. · be counted, or if the President of the Senate or if one Honse so decides, The Constitution directs that the State shall appoint the electors orwhetherthereturn mnst have the approval ofboth Houses. Secondly, "in such manner as the Legislature may direct." The State is to de we seek to know, under existing laws, if the Honse says one certificate cide whether the elector is chosen according to its laws and to see to and the Senate says the other certificate is the true one, how is the it that its officers do their duty. This is committed to the State just question which vote shall be counted to be decided or is the vote to as it is committed to the General Government to determine whether be lost t I will never agree to any provision by which the vote of a collectors of customs, postmasters, marshals, and attorneys do their State is lost, for in this chaos of law there is one thing certain, one duty 1and the General Government has no more right to question the duty clearly imposed by the Constitution. It says that "the vote decisiOn of the State in the one case than the State has to question shall be counted." We are under obligation to ascertain which is the the decision of the General Government in the other. true vote and are derelict if we do not legislate to that end. I can conceive of nothing more at variance with the Constitution But, Mr. President, before undertaking to give more folly my views than that Congress should go into an investigation whether each of as to who shall decide what are votes to be counted, it is important the three hundred and sixty-nine presidential electors fairly received to consider the limit and range of questions to be decided. If the a higher vote than his competitor ; and, as the election turns on one Constitution reposes the duty of determining what are votes to be electoral vote, and as the substantial inquiry is not the propriety of counted in the President of the Senate, he has no greater power than the procedure to elect, but is whether the electors were fairly elected, Congress would have if the duty waa reposed there, and the commia· anything short of such a full inquiry would be of no avail. sion provided for by the !'ending bill would have a more restricted Equally absurd in my opinion is it for Congress to investigate power than Congress1 for by the provisions of the bill the commission whether the three hundred and sixty-nine electors were all eligible has no jurisdiction where there is not a double return. When that is whether one waB not a postmaater and another a commissioner, and the case the commission has, in the language of the bill, "the same another a district attorney of the United States. The provision of powers, if any, now pos~essed for that purpose by the two Houses of the Constitution that "no person holding an office of trust or profit Congress acting separately or together." If then we aacertain the under the United States shall be appointed an elector" is a mandate limits of the power of Con~ess in adjudicating what are votes to be to the State, and it is confided to the State to enforce it. The State counted, if the power is w1th it, we have the limit to the power, by no doubt before the duty of the office is performed could by quo war whomsoever it is to be exercised. ranto or injunction prevent and restrain the ineligible person from I submit, sir, that if the power iswithCongresstodetermine what acting, but which duty when performed even the State can no more are votes to be counted, it can only give effect to such objections as vacate or set aside than you can set aside the judgment of a court be are sustained by an. inspection of the papers, the returns, and the cause the· judge was not of the constitutional age, or invalidate an certificates, and by facts of which judicial notice can be taken, and act of Congress because it was passed by the vote of a Senator who have no right to go back of the returns further than I have stated. was not thirty years old. . I submit that this is undoubtedly so from the following considera No, Mr. President, whether the power to determine which are votes tions: to be counted is reposed with the President of the Senate, with Con= The Constitution of the United States has carefully and expressly gress, or shall by the law in quest.ion be conferred upon the commis conferred on the States, aa such, the function of choosing the Presi sion, either one of the three most take as true what the State, on dent. It provides that each State, large or small, shall have two whom the Constitution of the United States devolves the function of votes in the choice, and the number of additional votes is to be ac appointing presidential electors, says in that regard is true. ~ cording to population. If it be said that to accept the returns from the State as conclusive The language of the Constitution is: might be to accept great frauds and to obtain a result founded on Each State shall appoint, In such manner aa the Legi.slo.tnre thereof may direct, fraud, my answer is, then change the law; but while the appoin~ a number of electors equal to the whole number of Senators and Representatives ment of electors is conferred upon the States you must accept the 1.o which the State may be entitled in Congress. conclusions of the States. A judgment of a State court may be a1 The electors are State officers, deriving under and by virtue of the great violation of ri~ht, but yet it must be enforced in every other; Constitution of the United States their power from the State; and State of the Union where the record is sent. A conviction may wrong that power is exercised and terminated within the State. Thid pro the innocent, but yet the record of t4at conviction is conclusive all vision of the Constitution was not carelessly adopted. The framers of over the nation. that instrument first decided that the President should be chosen by If the system is wrong change it, but while it stands it must be re Congress, but after fnll debate and mature deliberation they saw the spected. Congress cannot be a grand returning board to investigate evils of placing one co-ordinate branch of Government under the con millions of votes, and the authenticated returns from the States are t.rol of another-the executive under the control of the legislative infinitely more likely to approximate to the truth than any investi branch-and they then determined. that, except to prevent a failuro gation by Congress. 'Vhat Senator of either party has not quietly to elect, (and in that event tho Honse, voting by States, should choose smiled at the idea that what A B or CD testified to having seen or a President)-·the framers of the Constitution, I say, determined that heard in Louisiana. should constitute evidonce upon which we should with the exception stated Congress should have nothing ·to do with gravely adjudicate whether the ono or the other of the two great making the choice of a President. political parties of the nation should come to power. And still more thoroughly to sepa.rate Congress from the procedure Further, sir, the provisions of the Constitution are in other respects of electing the President, the framers of the Constitution provided inconsistent with tho idea. that Congress shall look back of the cer that no Senator or Representative should even be an elector. Know tificate, returns, and papers sent up by the State, to find out who has ing that if Senators or Representatives were electors the choice of been elected an elector. - a President would not be so thoroughly divorced from the Federal The Constitution provides that the electors shall give their votes by Government, and knowing that Senators or Representatives acting as ballot. That imports secrecy. It provides again that the lists of electors might be tempted so to cast their votes as to throw the choice their votes shall be transmitted sealed (secrecy again) to the Presi· of a President, by reason of a failure of the electoral college to elect, dent of the Sen&te, and that he shall first open them when the two upon Congress, the direction or mandate is issued to the States that Houses meet in joint convention, as it is called, to count the votes. Senators and Representatives must not be electors; and still further So if the provisions and intent of the Constitution should be carried to secure the States in the exercise of this duty of choosing a Presi out, no one would know until the two Houses assembled in Joint dent from any Federal influence, the Constitution provides that-- Convention what had been the aotion of the electoral college. By the Constitution the votes as soon as the certificates are opened No JX'rson holding a.n office of trust or profit under the UJiited States shall be ap· are, without any delay, to be counted. It says the votes shall then pointed an alector. _( _ -. be counted, and I believe there never has been an instance that after _It would be an anomaly indeed if after the Constitution care the process has commenced there has been any a.d.joUrn.ment of the fully excluded Congress from intermeddling in any manner with the Joint Convention.' 804 CONGRESSIONAL RECORD-SENATE. JANUARY 22, Now how in contemplation of the Constitution are the two Houses which framed the constitution of Louisiana the right to fix the man to go into an investigation back of the certificates, returns, and ac ner in which electors should be elected, but reposed that right in t.he companyin~ papers to canvass it may be millions of votes, to ascertain Legislature of Louisiana,and if that Legislature sees proper to say that :whether ih1s elector or that had a greater number of votes than his in the election of electors there shall be areturningboard which shall competitor, or to investigate as to the eligibility of three hundred and have the power to reject the vote of a parish where intimidation and sixty-nine electors f Then, too, tlie Constitution provides that no per violence prevents a free election, of which that board is to judge, that son except a natural-born citizen of the United States who is thirty legislation is valid and constitutional so long as it does not violate five years old, and who has been fourteen years a resident within the Constitution of the United States, from which source alone the the United States, shall be eligible to the offic~ of President of the Legislature derives ito power to legislate on that subject. So I do United States. How is Congress, when the count has comm:mced, to not see that there is any constitutional question to come before Con investigate and ascertain whether the person voted for was born this gress or before the commission in that regard. or the other side of the Canada line; whether he is thirty-four years Again, it may be suggested that if Congress or the commission in and six months old or thirty-frye years old, or whether his residence their adjudications cannot go back of the returns, that the true state out of the United States wa8 such that he had resided here only of the vote in Oregon cannot be disclose~. thirteen years and six months and not fourteen years f In the first place, let me say that I do not believe that five demo No, the count must go on, and leave it ~o judicial or congressional crats, drawn promiscuously, can be found who would take advantage proceedings afterward to vindicate the Constitution. And if from of so gross an i.mpropriety a.s the Oregon transaction. They will not the very nature of the procedure provided by the Constitution the be the five appointed on the commission. But further, let me say that joint convention cannot stop to investigate the qualifications of the if Mr. Hayes, because of our standing by the law in refusing to person voted for as President, surely it cannot investigate the quali agree that Congress may usurp the power of making the President by fications or the eligibility of three hundred and sixty-nine electors, canvassing the number of votes given to the several electors, is to be and for still stronger reasons cannot stop to canvass the millions of defeated, then we must submit to that great misfortune, but the peo votes cast to find out who bas been elected President. . ple will appreciate it, and the result will be that that party which And again, sir, the very nature of the tribunal that is to count the (with all respect to the democracy) I believe has a policy best calcu votes (assuming that it is either the two Houses of Congress or the lated to ad vance the interests of the country will be in power for the President of the Senate) precludes the idea that there can be any in next generation. vestigation back of the certificates, returns,andacompanying papers. But as I understand the condition of the returns from Oregon, from The tribunal consists of nearly four hundred members. They are not rumor and the press, there is no necessity of going behind the returns one consolidated body but two distinct Houses, each of which must to get at the truth. I understand that Cartwright, Odell, and Cronin retire and vote separately on every question. They convene while have the governor's certificate. I understand that it appears by the Congress is in session a fortnight before the President ls to be inau return made by Cartwright and Odell, a.s well as by the return made gurated. There is no time to bring witnesses from remote parts of by Cronin, that there was a vacancy; that fact, then, cannot be dis the country or to examine them or to read documents or hear ex puted; true, Cronin says there were two vacancies. He admits there tended arguments. was one. Cartwright and Odell say there was one. Cartwright and If errors may be committed by the returning and canva.ssing boards Odell filled the vacancy and three votes are registered for Governor of the State, let me say that you augment the probability of error a Hayes. Cronin filled the two vacancies he claimed, and two votes thousand-fold by having the joint convention of Congress assume the are cast for Governor Hayes and one for Governor Tilden. And the duty of reviewing and reversing the conclusions those boards have only question is whether two or one constitutes a majority and a rendered. quorum of a college consisting of three members. Reserving the No, sir; Congress can onlytakenoticeofsuch objections as appear right to change my opinion, I think two and not one is a majority of on the returns, or such of which judicial notice can be taken, and the three. commission proposed has in the language of the act ''the same powers, But with aU these limitations as to the subject.s that may be adju if any, now possessed for that purpose"-that is, for the purpose of dicat_ed while the count is being made, and with all the restrictions determining the objection to a vote-" now possessed for that purpose as to the nature of the evidence to be relied on, it still is true that by the two Houses acting separately or together." there are questions which must be adjudged while the count is being Whether Congress or the commission can go back of the certificate, made, such as the questions whether the State is in such relations returns, and accompanying papers is one of the questions referred by with the National Government as entitles it to have its vote; whether the act to the commission. And I am entirely willing to abide by the. State had been duly admitted to the Union ; if it appeared by the decision of the fifteen sworn members of that commission. I have the return of electors that the vote was not cast on the da.y fixed by confidence in the truth. law, whether that vitiated the vote; if a State had notoriously given It may be said that if this doctrine of not going behind the returns its vote for one candidate and by sheer acciclent the list of votes had is true there was no necessity of taking testimony in Louisiana. I such a heading a.s to give it for another, whether it could or could do not think there was the least necessity for so doing, exce{>ting for not be counted. But these are all questions arising where there is phe purpose of satisfying the public that no injustice had been done, but one return from a State, and with which the proposed commission or to give the Executive such information as he might require to de has nothing to do. cide which of the two governments be should recognize. The bill before us says the votes from the State shall be counted Again it may be said that if Congress is not to go back of the papers unless rejected by both Houses of Congress. Is not this right, or does sent up it cannot adjudicate whether the law of Louisiana under it belong to the President of the ~enate to decide whether the vote which parishes were rejected because of intimidation was or was not shall or shall not be counted T in violation of the constitution of Louisiana, and therefore void, and The Constitution does not give him in words any such power; the so the rejection of the vote unlawful. I do hold, sir, that Congress enunciation of his powers stops short of this. When it said the cer is not a tribunal to decide the constitutionality of State laws; cer t.ificates should be opened by the President of the Senate, and stated tainly not without parties, pleadings, evidence, counsel, or time for that the votes should then be counted, why did it not atld " by him T" argument and deliberation. .. No Senator, no prudent citizen would to-day change the Constitution But the constitution of Louisiana or of any other State has nothing by adding the words H by him." It would be a tremendous power for to do with the electoral vote. Most powers enumerated in the Con one man to possess. If he has the power he could set at defiance both stitution are such as are conferred by the people of the States on the Houses of Congress and make President whom he pleased. The Presi General Goverument; but there are some few powers conferred by dent of the Senate has never, though several cases have arisen, exer the aggregated people of all the States, speaking through the Consti cised or asserted any such power. Since 1817 both branches of Con tution, upon the States themselves. gress have claimed and exercised the power of adjudicating what Thus the Constitution confers upon each State the right to have votes should be counted. In 1865 a joint rule asserted it. At the la t here two Senators; that right comes from and depends on the Con session a majority of the republican Senate by adopting a bill claimed stitution of the United States alone. The Constitution of the United this power to be in Congress. I believe the pending bill is right in States provides that those Senators shall be chosen by the Legisla saying that the vote shall be counted unless both Houses reject it. ture of the State. Suppose the constitution of Louisiana or of any There is another case of greater difficulty growing out of factions other State ordained that the Senators of. the United States for that that have sprung up since and in consequence of the recent war in State should be elected directly by the votes of the people, and the several of the States: it is the case of double returns being forwarded Legislature itself proceeded in despite of the constitution of the State to the President of the Senate, each signed by different persons claim to elect two Senators ; no one will pretend that the election by the ing to represent the true government. Who shall decide .which re Legislature would be invalid because in violation of the State consti turn is to be recognized T Not the President of the Senate, for the tution. The action of the Legislature is not by virtue of the State reasons already given. It is clear that the votes which both Hou es constitution but by force of tbe Constitution of the United States, recognize shall be counted, but if the Senate says one return is the which is the paramount law. true one and the House says the other is the true one, is .the vote to So, too, the Constitution of the United States says that "each State be lostf No; that would be a violation of the rights of the States, shall appoint, in such manner as the Legislature thereof may direct, a and besides the Constitution says the" votes shall be counted." number of electors," &c. The whole power that the Legislature has It is just here that the pressing necessity for an impartial tribunal, to direct the manner in which electors shall be appointed it gets from such as the pending bill provides for, arises ; and the only question the Constitution of the United States, and the discretion of the Legis that tribunal or commission would according w my view have for lature is absolute and uncontrolled by the State constitution. The adjudication would be which of the two asserted State governments Constitution of the United States did not repose in the convention is the true government of the State and which is its return; and those 1877. CONGRESSIONAL RECORD-SENATE. 805 questions could be settled by the commission by taking judicial The PRESIDING OFFICER. The Senator from Oregon moves notice of notorious facts, by the papers, and perhaps testimony as to that the Senate adjo~. some single fact. The motion was not agreed to. If the bill does not become a law and the House says one return The PRESIDING OFFICER. The bill is open to 3Jllendment in from a State is the true one and the Senate says the other is the true the Senate. one, what is to be done on the second Wednesday of February nextY 1\Ir. SHERMAN. Mr. President, I have no desire to-day to address This is an important inquiry. All the President of the Senate could the Senate. Indeed I desire to hear the members composing the com do would be to lav all the returns before the joint convention stated mittee on this subject before I venture to express my own views to and tabulated in every form and then to oojourn ~he joint convention. the Senate. I think the question is of such transcendent importance ~ It is certain that, as but two mtizens have been voted for, and as that a vote ought not to be pressed except in a reasonable time, so as the States have all appointed electors, and as the number of electors is to bring the matter to a conclusion during the present week, so that t an uneven number, being three hundred and sixty-nine, it is certain, I if the bill is to pass it can pass in time before the first act is to be say, that one of the two citizens voted for has been elected, and no case performed under its operation. I think, therefore, the Senate ought exists that casts the election of a President on the House of Represent to be content with the arguments that have been made to-day; and atives, for it is only, in the language of the Constitution, where "no I move that we now proceed to the consideration of executive busi person has a majority of the whole number of electors appointed" ness. that the House of Representatives chooses the President; and for 1\Ir.EDMUNDS. If the Senator will withdraw that motion a moment the same reason no case exists where the President of the Senate that I may say a word in reply to him, I will renew it, if he desires, could act as President of the United Stat.es. or yield to somebody else who will. But how, if this bill does not pass, is it to be detet:mined which of Mr. SHERMAN. Certainly. . the two citiz.ens voted for has been elected Y It may ultimately be Mr. EDMUNDS. If this bill is to pass, the first act to be done by adjudication in proceedings instituted by means of a writ of quo under it will be ~required to be done on the 30th day of January. tvarranto in the supreme court of the District of Columbia and by an This day is the 22tl. The 30th is eight days from to-day. a:gpeal to the Supreme Court of the United States. And this exciting 1\Ir. CONKLING. A week from to-morrow. question, if the pending bill does not pass, may be immediately de Mr. EDMUNDS. A week from TUesday, to-morrow. Now, I do termined by the outgoing President, by reason of the necessity that not care whether the debate proceeds to-day or to-morrow; but I rests on him to pla{)e the Government in the hands of some one, the appeal to every Senator who desires to dispose of this question in a necessity of handing over the archives of the Government, the Treas right way, whether it be to pass the bill or not to pass it, that this ury, the Army, the Navy, to some one to take care and charge of matter must be disposed of to-morrow finally one way or the other. them. In the absence of law he may be driven to determine, for the If my honorable friend from Ohio is not ready to go on to-day, and purposes stated, who has the majority of the 369 votes. with the fair notice that I feel obliged to give, I being in charge of It seems to me, sir, that every consideration of prudence, propriety, the bill, that I shall feel it to be my duty to insist upon the Senate and patriotism demands that we establish an entirley impartial tri disposing of the question to-morrow-no matter if we do give a night bunal to settle this vexed question. Neither party should seek any to our country; it will not hurt us-I shall have no objection to hav thing that is not fair. The pending bill secures to each party what ing an executive session or adjourning now; but the Senate will see is fair. if there are many to speak that it might run it quite a way into the Sir, we have thus far been disappointed in the centennial of Ameri night to finish it to-morrow. But if you do not pass the bill to-mor can liberty. We had hoped that it would be a sabbath of rest from row, and it is to pass, if it should pass on Wednesday and go to the party bickerings and sectional animosities. We had hoped that it House of Representatives on Thursday, then, as we understand by would have been spent as ajubileeinreviewingourpasthistory,con the rules of both Houses-that I think I am not out of the way in sidering what it had cost and what it was worth-contemplating referring to-it would take, if anybody insisted upon it, three days, our vast resources and our capabilities for usefulness to the world. for the first, second, and third reading of the bill, to go through with We have been thus far disappointed. The people have been finan it there; and then the President of the United States should h.:·we a cially straitened, and the political skies have been somber and angry; reasonable time to consider whether he ought to sign it or ought not but is there not a brighter vision to dawn upon us 7 to sign it. Therefore, my friend from Ohio can readily perceive that Sir, the present complication is very strange and far beyond that after all the debate that has been had upon this subject at the last which could have been anticipated by any human foresight. I session of Congress, or the bill of the Senator .from Indiana, [Mr. watched the progress of events in the several States, hoping that the MORTON,] now on your files, and which once passed the Senate-- result in one after the other would decidedly settle who was elected Mr. CONKLING. Twice. - and relieve our institutions from the strain that is upon them. :Mr. EDMUNDS. Which twice passed the Senate, my friend from And now let me ask, should we not gather a lesson of wisdom from New York says, and I believe with the vote of the Senator from Ohio, this peculiar complication of events f And what is that lesson f Sir, [Mr. SHERMAN]-but it is quite immaterial whether with his vote or if all the patriots of the land were assembled in an extended plain with mine-the subject has been so thoroughly debated in all it.s as with the hills for walls and the heavens for a canopy to ask the God pects in a general way that it is not unreasonable, as the subject is of nations for a boon, for what would we ask t It would not be for not a new one, considering the present situation of affairs, that we wealth, dominion, or empire; but I think it would be that our coun should be somewhat prompt-! do not say hasty, but deliberately try might be delivered from the baneful consequences of party strife, prompt-in disposing of the subject in one way or another. Ifthe Sen that the time and energy, the money and the talent that is now ex ator from Ohio prefers not to go on to-night, but to go on to-morrow, pended and exhausted by millions of freemen against millions of free after this statement that I have made and the notice that I have men might be devoted to developing the resources of our country and given that I shall ask both the friends and the opponents of the meas elevating the condition our countrymen. That the freedmen of our ure to dispose of it to-morrow one way or the other, I shall not oppose land might make moral and intellectual pro~ress ; be taught to love his moving an executive session. and adorn their homes and educate their children; that all sections Mr. SHERMAN. There is no occasion and ther.e is no propriety for of the country might be blended in harmonious fellowship- haste in the debate on this bill, and in asking the vote of the Senate on it to-morrow. This is a bill to which every Senator ought to de And sovereign law, that state's collected will, O'er thrones and globes elate, vote more than one or two days' passing deliberation. It took an able Sit empress, orowning good, repressing ill. committee of both Houses of Congress three or four weeks to frame it. It is entirely novel in our whole political history. It presents And are we not brought to this crisis that we may receive that questions of the gravest importance that can be presented by any boon f .Are we not by the present situation taught that millions of committee or at any time. Both Houses will debate this question. citizens cannot, even in party politics, overcome millions of freeman, The debate will not cease to-morrow. The other House, according to but that, moderating our partisanship, we should unite to promote our the order as I am informed already established, will take up the bill. country's truest welfare, place the best men in power, stand up for Both Houses ~;hould debate it. There is no haste about it. Many the highest public virtue, and thus advance the glory of the nation f Senators who have participated in framing this bill have not yet ex I believe, sir, that is the lesson we should now learn. And if we could pressed their opinions and stated the reasons which have led them to now adjust our present difficulties and then gather the wisdom the their conclusion. They no doubt will take their own time to do so. present complications are calculated to teach, this would be a more I think my honorable friend from Vermont would do best for the prosperous and a more happy nation. public service, best for the interests of a great people, best for the The PRESIDING OFFICER, (Mr, INGALLS in the chair.) If there order and dignity of the Senate and the good of our common constit be no amendment proposed the bill will be reported to the Senate. uents, not to hurry this matter. Two arguments h.ave been made to The bill was reported to the Senate without amendment. day, one on each side. They have been listened to with unusual Mr. MITCHELL. I move that the Senate do now adjourn. attention. It seems to me that these arguments might well now be Mr. EDMUNDS. I hope not. considered. -, Mr. SPENCER. I suggest that we proceed to the consideration of I am informed since I made the motion that a Senator is prepared, executive business. if the Senate really feel disposed to go further this afternoon, to speak. M:r. EDMUNDS. It is only a quarter past three. • If so, I will at once give way to him ; but if he prefers to take up the The PRESIDING OFFICER. Does the Senator from Oregon insist subject to-morrow morning after he has considered the arguments · upon his motion f \ already made, and thinks it is better to do so, and if this debate is to Mr. :MITCHELL. - Yes, sir. go on until Th~day or Friday, there can be no harm done. 806 CONGRESSIONAL -RECORD-- SENATE. I assure the Senator from Vermont, so far as I am concerned, that whot by well-considered opinions of the ablest lawyers of this land, within this week I am perfectly willing to have a vote, and within and oy the expression I think of the opinion of the honorable Senator ample time to submit the case to the Pre&ident, who will no doubt hiptself, can in a certain case decide upon the count of the vote. This already be considering the bill, and in ample time to perform the first power is denied. The power of the two Houses to some extent is denied. act under the bill, which I believe is on next Tuesday, is it not f The two Houses are balanced with an evenly poised plan, so that they Mr. CONKLING. Yes, sir. become nullities, and the whole of this great question as to who shall Mr. SHERMAN. I think it is due to the magnitude of the ques be President of the United States is transferred from the electoral tion that nothing like a dilatory motion, nothin~ like a captions op college composed of men chosen under the laws of the Statea to a tri position, nothing like even the ordinary opposition to an ordinary bunal carefully selected, four of whom are named as if their names bill should be offered; bnt in due time, with deliberation, we should were printoo on this bill, and the other is left to the uncertainty of take the vote on this bill; there ought to be time for thought and doubt or chance. reflection and debate. To-morrow probably is not the time. I will It is to the consideration of a proposition like this, before the pub now give way if any Senator is ready to go on. I am perfectly will lic mind has been directed to it, that we are called, and we are asked ing to stay and hear any argument on the bill. I am not prepared to to deliberate and decide upon it hastily. I think we ought not to do go on myself, but if any Senator is prepared I will give way to him, so. There is no occasion for it, and I trust the Senate will not hurry and if not, I shall insist upon my motion. any one into an argument of this matter until he is prepared to pre · Mr. EDMUNDS. Mr. President, I wish to say one word in reply to sent his own views, supported if possible by lessons drawn from our my honorable friend from Ohio. history, or drawn from books, that it may be necessary to examine The PRESIDING OFFICER. Does the Senator from Ohio with The gentlemen who have examined this matter in the committee draw his motion. having had three or four weeks of ample preparation, with a careful Mr. SHERMAN. Certainly, for the purpose of hearing the Senator. comparison of views between each other, with a careful examination 4 Mr. EDMUNDS. My honorable friend from Ohio made use of one of each other's views, and the study of the case, have the advantage expression in which I think he did not display his usual accuracy. no doubt; but we who have not had that advantage, and who have He said that this bill was perfectly novel in its character. been engaged in the ordinary pursuits of the Senate, certainly have Mr. SHERMAN. In several of its provisions, I meant. not yet become prepared to look into this subject, debate it, decide it Mr. EDMUNDS. It is only seventy-six years, as my friend from for ourselves and for our constituents in the same manner as the gen ( Ohio must well recollect as well as I do, that a bill involving exactly tlemen who served on this committee. I hope and expect to hear these principles passed the Senate of the United States, wh)ch pro from each of them in his own good time his views and the reasons vided that disputes of this character should be decided preliminarily, that have led him to concur in the bill presented to us, so that in the and I believe I may say finally-which goes much further than this bill light of all the information, all the knowledge that this committee does-by a body of men not composed entirely of the members of the have gathered together, we may then exercise our duty to pass upon two Houses. Certainly, then, my friend is a little mistaken in say this subject for ourselves and our constituents. ing that we are startling the country with a novelty. The men who Mr. THURMAN. Mr. President, one remark fell from my colleague came very near to the time of the formation of the Constitution, that induces me to say a word. He intimates that the other mem many of whom participated in its formation, seem to have thought bers of the committee ought to be heard from. I submit to him that that it was the proper subject of legislation, and that the Constitu they have been heard from ; that on Thursday of last week they pre tion had not reposed it in a particular official, but that it was the sub sented their written report accompanying this bill; that on Saturday ject of lawful re~ation; and as a proper, lawful regulation, the the chairman of the committee delivered an elaborate speech in favor Senate of the Umted States of that day-perhaps not so wise as we of the bill; that to-day another speech has been made by a member are, because it had not had the time to be so wise as we are; it had of the committee supporting the bill; and that but one very brief not had so long a history of the Republic before it-thought that it speech has been made on the other side. Now it seems to me that was within the competence and within the duty of Congress to pro while acknowledging the duty which the committee owe to the Sen vide, not for deciding arithmetic, but for deciding doubts and dis ate to give to the Senate all the possible light that their studies and putes respecting the character of what purported to be the certifi reflection can enable them to give, there is some duty also due not cates of electoral votes. But that is apart from what I wish to say. only to the committee but to those who favor this bill, from those I only mention that in reply to the suggestion of my friend from Ohio who oppose it; that it is time now for those who oppose this bill to that this is a novelty. state upon what grounds they oppose it. So I repeat, Mr. President, that you have before you a bill that is I am sure there is no disposition on the part of any member of this not startling for novelty, is not startling for methods, but it is only committee to assume such infallibility of judgment as to ask that the startling as it is looked upon by partisans on either side; no, I will Senate shall take his work without question. I am quite sure that not say partisans, but with views on either side as it may affect my in the three weeks of deliberation of that committee there was enough wishes and those of my friend from Ohio and the wishes of other gen of humility displayed, and not one particle of improper self-esteem, tlemen who are supposed to be rather different from ourselves as to to warrant me in saying that the committee will be very glad that particular results. That is all there is about this bill that is start their work shall be criticised as strictly and completely and thoroughly ling; that it does not propose that either side shall enter into a race as any Senator may see fit to criticise it. But I do submit that it is of II\.ere athletic diligence, to see which can get first possession of the timethatweshouldhearfrom those who are opposed to the bill. Then, White House. That is all there is to it, and to settle in an orderly if some one who is opposed to the bill will speak, now that the floor way how that is to be found out. So, then, there is no reason, as is open to be taken by him, some other member of the committee or there might be some on some occasions, for assuming that here is a some other supporter of the bill will be ready to reply. new proposition that nobody has ever thought of before, that is Mr. BAYARD. Mr. President, two facts are very apparent to the brought fresh upon the arena of the deliberative Assembly of the Senate: :first, the admitted gravity a.nd importance of this measure, Republic. in both of which it can be scarcely said that it is second to any My honorable friend from Ohio has discussed the principles of this brought before the Congress of the United States; and, next, the very bill and within twelve months; and his views, as usual, have been necessity for diligence in the consideration of the question. The stated with clearness and great force and great weight, and, as far as I tinie fixed at which this bill, if it ever is to become a law, is to oper can appreciate. them, they are entirely in favor of the principle of ate, is measured now by days, and not by weeks. Therefore, just in thiB bill. So then we have not a novelty ; we d,o not require so much proportion to the gravity and importance of the measure comes the time to deliberate in respect Of principle as we otherwise might. But duty to decide upon it. In that aspect, while I concede the general here we are d1ifting day by day toward the inevitable hour, as the views that I hold upon this measure to have been represented in the law now stands, when we shall either have a regulated orderly course report to which I appended my signature, yet, at the same time, I of procedure that the law, the benign instrument of the public will, have felt that upon such a subject there was something due from has .fixed, or we shall have no man can say what. every man to this country, or to that portion of his countrymen to • Hence it seems to me, Mr. President, that I am not unduly ask ·whom he was known, that he should give reason for the faith that was ing the Senate of the United States not to adjourn or go to the con in him. That is why I propose, not to enlighten the Senate, but to sideration of executive business at half past three o'clock in theafter justify myself in a grave emergency in my country's history, by stat noon, but that it should proceed with diligence, not with haste, to ing in as short and direct terms as I could why it was I thought that consider and dispose of this question. If any Senator desires to speak the bill should become the law of the land. But while I felt that now, very well; but I repeat that I shall a.sk the judgment of the was a duty, yet I considered it secondary to the other fact of not by Senate to-morrow whether it ought to suffer this matter to be longer a desire to express my views retarding even for a~honr the passa~e delayed. of the bill, should it be the pleasure of the Senate now to consider It. Mr. SHERMAN. Mr. President, when I said this was a novel prop Therefore it was that rather than delay the ·passage of the bill to osition I said what everybody in this country knows is perfectly true. night, if a vote could be reached upon it to-night, I should have sat So far as my knowledge of the history of this country goes, I know in silence and permitted the bill so to be voted on, because my object of no case where a measure containing provisions similar to this has is its passage, believing it to be just and really essential for the wel been proposed in a law, certainly not in the act to which I suppose fare of this country. But it does seem to me that those opposed to it the Senator refers, of 1800 or 1801. Here is a blending of two dis- should now show cause why this bill should not be a law. We have . tinct departments of the Government. reached that point of the debate when their reasons should be given . Mr. EDMUNDS. That waa in the bill of 1800. As my friend from Ohio who sits near me [Mr. THURMAN] says the Mr. SHERMAN. Not in this form at all. Here is a proposition to reasons forthe bill and the bill itself, intelligible upon its face, have ignore and deny all power on the part ef the President of the Senate, been in the Senate now the greater part of a week. It wa.s discussed 1877. CONGRESSIONAL RECORD-SENATE. 807 with clearness and thoroughness and ability by the chairman of the delay is a day devoted to adversity, no matter whether that adversity committee on Saturday, in the presence of a full and, I am glad to comes by the passage or by the defeat of the measure. Every day say, most attentive Senate. It has been discussed to-day by the that is devoted to delay, I repeat, is devoted to adversity. According on1y member of the committee of either branch of Congress who to the customs of this body, seventy-five or seventy-six gentlemen, withheld from it, for reasons no doubt good and satisfactory to him all equally capable of illuminating this subject and every other one, self, his signature and approval. He has given us to-day some of the might spend a year in high debate here ; and if we did not stop de reasons that moved him to that course, although he has also signi bate by patience or by diligence, we should be as far from a decision fied that, owing to indisposition, he is unable to complete his speech as we are now. The honorable Senator, therefore, has no right to say at this time. . that I or any other member of this committee desire to preBS this meas Now, .Mr. President, while I am desirous to be heard upon this bill ure unduly. We have not shown the least disposition in the world to I will most gladly defer altogether or to some other occasion the op do so; but there will be an important responsibility upon some body's portunity to express my views upon this all-important topic rather shoulders, not to popular opinion but to truth and to justice, if we than that my speech should delay the action of the Senate upon it. If do not make progress; and that progress, in my opinion, will be made 1he bill is to go over and to go over because no gentleman here on the nnless a majority of this body determine that it ought not to be made, floor who desires to oppose its passage is ready to say a word against and then they will be responsible for it. That is all I have to say. I it, that will have to be deci<\ed by the pleasure of the Senate. I do not wish to hurry anybody, but at some time, and at a very speedy would not feel at liberty to ask the Senate to continue this discussion time, this measure must either pass or fail. It will not die in its on my a~connt. I hope, therefore, that the sugg::estion made by the tracks, neither going forward nor going back. honorable Senator from Vermont who ha-s this bill in charge, that it Mr. MORTON. Mr. President, the Senator from Ohio [Mr. SHER may be taken up to-morrow and that if possible it may be disposed MAN] expressed his desire that this bill should go over until to-morrow. of to-morrow so far as this body is concerned, will meet the approval He desires to speak upon it himself, but is not ready to-night. .I of the Senate, and that those who desire no delay and are willing to think other gentlemen wish to speak, but there seems to be a desire have the test of the Senate's sense on this subject, no matter which to force this bill through to-night-a very important measure. way they may vote, as well as those who desire the success of this Mr. EDMUNDS. My friend is mistaken about that. I said only measure, may do all that they can to carry the suggestion made by that I wished to have it disposed of to-morrow. He should not say the honorable Senator from Vermont. it is desired to force it through to-night. The PRESIDING OFFICER. The bill is before the Senate and Mr. MORTON. The Senator wants to have it read a third time and open to amendment. put into a peculiar attitude. No, Mr. President, this bill ought to be Mr. SHERMAN. I now renew my motion that the Senate proceed fairly discussed. It may seem very clear to some Senators ; it may to the consideration of executive business. seem not so clear to others; but the idea is that we are to be forced The question being put the motion was declared not to be agreed to. now to take this bill, g~od or bad, under the apprehension of war ! Mr. SHERMAN. I call for a division. Adversity, we are told, is in store for us. We are to le~slate he1·e Mr. EDMUNDS. Let the bill be read a third time with the under under terror. Some unseen, indescribable danger is hangmg over us. standing-- We must put this bill through at once and we must disregard public Mr. SHERMAN. The bill has been reported to the Senate, and it opinion to do this. I do not believe in this danger. I know there may be necessary to offer amendments. • have been threats of war and violence, and I know there has been an Mr. EDMUNDS. It is a good time to offer them now. effort made to terrorize the country. We have been told we are to Mr. SHERMAN. It is not a fair time. I am not prepared to offer be overrun here by armed meu; we are to have these corridors and amendments now. If the Senate of the United States under the lead halls and galleries filled with armed men ; and we must make ha-ste of the Senator from Vermont wants to carry this bill, without popular to legislate to avoid this danger. We are to be bull-dozed into the understanding, while the voice of the people and the consideration of adoption of a bill that nobody wants. I do not believe there are the people is given to it all over this broad country of ours, without half a dozen republicans on this floor who would want this bill if ) a debate, in a manner unusual in the Senate of the United States, let their judgments were to be consulted and if they were not under the it be done; but I state that I desire myself in due time to say some influence of apprehension. t thing about this bill and shall desire perhaps to offer amendments to AI; far as I am concerned, I am not apprehensive of danger. I think it. The Senator wishes to place it beyond the reach of &mendment. the danger is to come from our own weakneBS and our own apprehen Certainly it cannot be the desire to prevent a test of the Senate on sions. This is a very important measure, and there ought to be full questions of amendments. I do not want to be forced into this de time to discuss it. The idea is to force the vote to-morrow, that this bate, nor is it a pleasure to have this done. bill must be disposed of so that some action can be had by to-morrow Mr. EDMUNDS. Mr. President, the Senator from Ohio acts a good week, as if that was the last day, the very crack of doom. The law deal to me as I once read in a story somewhere of some sailors in a as it now stands provides for the counting of the votes on the 14th boat that were drifting down stream toward some very rough water, of February, but it must be anticipated two weeks; and if that is not and one cried out "Put the oar out on this side;" another said "No, done, adversity is to come upon us, something terrible is to happen! that will not do, it ought to be put out on the other sidez" and they · Mr. EDMUNDS. Mr. President, I admit that I am afraid. I am kept on debating as to which way they should shift therr oars until just so much of a coward as to be afraid to do wrong, and I hope I the boat went over the cataract. Now if myfriend from Ohio is fond am brave enough not to be afraid to do right. Nobody has spoken of of that species of navigation, I am not. I wish to repeat to him that fears about these one hundred thousand men. They do not seem to there is no disposition on the part of this committee or on my part to exist in the imagination of any body but my friend from Indiana. I burry this measure while popular opinion is considering it at all; but have not even thought of them, so far as I remember, except in a very there is a disposition that this measure shall be fairly carried or fairly jocose connection, which it is hot proper within the proprieties of this defeated and not left to drift to suit any body's convenience until its Chamber that I should refer to, that was stated in the newspapers. value good or bad, is entirely lost. So the statement of the Senator from Indiana that anybody is to op And let me tell my honorable friend from Ohio that it is a part of pose this measure or vote for it on the ground of intimidation-a fa the duty of this Senate to legislate upon its own opinion, and not vorite phrase of my·friend from Indiana and one in which I largely upon the popular opinion. I think I have beard him say something sympathizeintbeapplicationthatheusuallymakesof it-isonlyapart of the same character before now,_when the elections have gone against of...his imagination. The true courage that belongs to an American us in particular districts and parts of the country. I always believed Senator is the courage to follow the deliberate judgment upon the Con it to be a true saying that our duty is to legislate upon our own judg stitution that my honorable friend has expressed and that the Senator ment. If we are to wait for popular opinion and appoint a commit from Ohio has expressed and that so many others have expressed when tee or get certain newspapers to inquire what the popular opinion is there was nothin~ to gain by the expreBSion of their judgment, and before we either say yes or no to this measure, we shall wait a good that is, not to :r«amtain the attitude that, because by the accident of while. My friend and I might differ aa much upon that subject as politics we may be supposed to have a chance of gaining by having it is said he and the Senator from Missouri [Mr. BoGY] do about what you, sir, in the Chair to decide this question, we willreverse now all the state of things in Louisiana is. We cannot do the thing that that we have said before and insist upon that. Sir, truth and consti way. We have got to do it upon our responsible judgments, the very tutional principle are two of those things that do not change accord judgments that the Constitution of the United Sbtes has committed ing to men's wishes from day to day. They stand. And when this to us and commanded us under oath to perform, whether this measure committee follow the opinions of my honorable friend from Indiana first is what the Constitution authorizes, and second whether it is ex and my honorable friend from Ohio and many other gentlemen in now pedient for the public interests. There is no other question in it. providing in a great emergency exactly that legislation in principle 1 Now I wish to repeat what I said before, because it cannot be re which they have before defined as being within the Constitution, and peated too often, that nobody is surprised about this measure. We set a-side that procedure which they seem now disJ>osed to maintain, are exceedingly shy of coming to a discussion of it, it appears. the propriety of which they had before condemned, I do not think Mr. SHERMAN. So it appears. we ought to be accused of cowardice. We ought rather to be thought Mr. EDMUNDS. So it appears. My honorable friend from Ohio, as paying a devoted and respectful homage to the judgments of great who was not a bit slow eleven months ago, has now suddenly dis statesmen, pronounced at a time when no bias of wish could infinence covered that there is great difficulty, and that it is a very novel sub their opinions. That is our attitude. and it is no other. ject and all that sort of thing. It is not novel, Mr. President, and But the event for which this legislation is to provide is coming when my honorable friend says that we are to cut off amendments, rapidly upon us. There is no disposition t-o press any gentleman ; let me ask why are not amendments ready f The bill has been before but there should be, and there must be, and there is, a disposition to the Senate for many, many days, and every day that is devoted to be diligent. 808 CONGRESSIONAL RECORD-HOUSE. J .ANU.ARY 22, Now, after all that has been said, if the honorable Senator from that day every member of that court becomes a politician, and all Ohio is not ready to go on to-day, in view of what has been said about the sanctity of his office will be gone. I cannot imagine that the finishing this matter to-morrow, I shall be perfectly willing that the people of this country will ever agree that it shall be taken from the honoral:He Senator from Ohio shall take the floor and yield it for an high place it occupies now, down to party politics, that every man executive session or an adjournment. I have no disposition at all to shall be a candidate for every place. How soon will it be after that press anybody; but the end of this thing being present, if Senators court shall have decided who is President, before every member of that prefer to squeeze it into to-morrow, very good, if they are not ready court will be asking for places for his sons, and his sons-in-law, and to go on to-day: and the Senate can determine to-morrow whether it his cousins, and his other relations f Will not the offices be sought will stay and finish it or whether it will not. I do not wish to press by them' They are but men, and will act like other men when you anybody, but I do not intend to have the thing slumped, as the com once take from them the dignity which the Constitution and the high mon expression is, by having it go on from day to day with one or position they have held has given to them. I want them to be pure two speeches and so on until the 4th of March. Now if it is agreeable for all time to come. Several times in my life prominent men on to my honorable friend from Ohio who wishes to speak, I will myself that bench have been unfortunately affi.icted with the desire to move that the Senate proceed to the consideration of executive busi become President. One of them especially, for whom I had great ness. I make that motion, Mr. President. regard and who was a very great man, destroyed his usefulness by Mr. CAMERON, of Pennsylvania. Before the motion is put, if the trying until he died to be President of the United States. Be was as Senator will allow me, I desire to say a word. great a man as there is on the bench now, as great as. any man you The PRESIDING OFFICER. Does the Senator from Vermont will probably put there. Why should )Ve put this temptation before withdraw his motion f the men holding that high place f Mr. EDMUNDS. I do so for a moment, or, if people prefer to go I at present am opposed to it. I will listen, though, with great at on now, entirely. tention to every member of the Q.emocratic party upon the other side Mr. CAMERON, of Pennsylvania. I see no necessity for going on of the House who will give us his views. I think the republiGans with this measure now. The .country is not prepared for it, I am unfortunately for our side have been placed here with all this re sure. While I have the greatest deference to everything that is said sponsibility upon them, and I think in the goodness of their hearts by the great Senator from Vermont, I cannot agree with him in his de aud their great fears of the country being destroyed they have given sire to push this bill forward. To my mind it is wrong, and if the vote way a little to our democratic friends. comes now I shall vote against the bill. Perhaps I may be convinced The PRESIDING OFFICER. Shall the bill be engrossed for a third so as to change my mind. I look upon it now as a democratic meas reading! ure, a measure in the interest of Mr. Tilden, to elect Mr. Tilden. I Mr. EDMUNDS. 1\fr. President, out of consideration for the wishes am a plain-spoken man and say what I think. I desire to hear the of the Senator from Ohio, I move that the Senate proceed to the con democrats give their opinions upon this subject. Let them tell us of sideration ~f executive business; but I give notice at the same time the. faith which is in themselves; I will listen to them with great at that I shall ask the Senate to finish this bill to-morrow. tention, and after that I will decide how I ought to vote, and will vote The PRESIDING OFFICER. The question is on the motion of tlte according to my decision. I have a prejudice, probably because I am Senator from Vermont. an old man, against all compromises. The motion was agrood to; and the Senate proceeded to the consid Mr. EDMUNDS. So have I. eration of executive business. After nine minutes spent in executive Mr. CAMERON, of Pennsylvania. Every compromise of the Con session the doors were re-opened, and (at four o'clock and fifteen min stitution in this country has been destructive of the interests of the utes p. m.) the Senate adjourned. country and destructive of the party which was flattered by the mi nority to make the compromise. That greatest of all our statesmen, Henry Clay, was destroyed by his first compromise on the Missouri question. Mr. EDMUNDS. How was he destroyed 1 HOUSE OF REPRESENTA·TIVES. Mr. CAMERON, of Pennsylvania. He was destroyed because he ( never received the support of the country for that office which was MONDAY, January 22, 1877. ,I the grand object of his ambition. Mr. EDMUNDS. There are a good many destroyed people in this The House met at twelve o'clock m. Prayer by the Chaplain, Rev. Chambernow. [Laughter.] I. L. TOWNSEND. Mr. CAMERON, of Pennsylvania. That may be so; but I trust The Journal of Saturday last was read and approved. that the Senator from Vermont will not place himeelf in that condi FRENCH SPOLIATION CLAIMS. tion, because I love him. Look at the case of Webster. He yielded Mr. O'BRIEN. 1\Ir. Speaker, I ask unanimous consent to present to the temporizing policy of compromise in his speech of March 7, the petition of John T. Pickett and Joseph J. Stewart, attorneys for 1850, and he never after retained his hold on the popular heart. So the heirs of James B. Causten and others, asking that the unappro of Douglas, who brought forward his compromise in the Kansas priated balance of the Geneva award be devoted to the P.ayment of Nebraska bill under the delusive title of "popular sovereignty." the French spoliation claims. Compromise destroyed them all. Here we have a committee most Several MEMBERS demanded the regular order of business. wisely or by accident--I think wisely-containing four of the great Mr. O'BRIEN. Then I will present this petition under the rules est men in the Senate of the republican party, and three of them and have it referred to the Judiciary Committee. have voted -to gratify their political opponents. The SPEAKER. That can be done under the rules. That, I suppose, is plain talk, but I mean it. I do uot believe to day, if the vote be taken, there will be three members of the demo INDIAN .APPROPRIATION BILL. cratic party who will vote in opposition to this bill. I am a plain Mr. HOLMAN. I ask, by unanimous consent, after the call of States man and I like to tell the truth. There is no danger, to my mind, of and Territories for bills and joint resolutions for reference has been the Republic now. It has overcome every difficulty which has been gone through with, that the House will then go into the Committee presented to it and has always come out of the contest stronger than of the Whole on the state of the Union for the purpose of finishing at it was before. To my mind the Constitution has provided for every once the Indian appropriation bill. It will facilitate the public busi exigency that arises in deciding this contest ; and I am for standing ness and will not take up more than an bout' of the time of the Honse. by the Constitution and not compromising it away. Mr. THORNBURGH and others demanded the regular order of What is the difference whether there is only a majority of one or business. whether there is a majority of twenty-one f The people of this conn ENROLLED BILL. try, when they are convinced that the majority is i..ft. favor of a par Mr. HARRIS, of Georgia, from the Committee on Enrolled Bills, ticular candidate, will acquiesce in the result. Those who talk and reported that they had examined and found truly enrolled an aot (H. bluster about fighting do not mean to fight. A bravemanneverbrags R. No. 4307) making appropriations to supply deficiencies in the con about his courage, while the coward is very apt to talk about what tingent fund of the House of Representatives, and for other purposes; he will do in a certain contingency, believing that that contigency when the Speaker signed the same. will never occur to put his self-declared valor to the test. MO~G HOUR. One of the greatest objections, in my judgment, to this bill is mak ing members of the Supreme Court of the United States, which hith The SPEAKER. The regular order being called for, the morning erto has been above all party, partisans. The bill begins by taking hour commences at seventeen minutes after twelve o'clock, and this bein~ Monday, the first business in order is the call of States and Ter five members of the Senate, three of whom, a majority, are to be re publicans, and five members of the House, three of whom, a major ritories, beginning with the State of Wis'Jonsin, where the call rested ity, are to be democrats, and then selects four of the judges, two of at the conclusion of the morning hour on Monday last, for the intro whom are democrats, or believed to be, and two of whom are repub duction of bills and joint resolutions for reference to their appropriate licans, and leaves them the right to select a fifth whovirtuallymakes committees, not to be brought back on motions to reconsider. Under the decision. You start out with the idea that you have made a po this call memorials and resolutions of State and territorial Legisla litical court and you are trying by trick or by law to cheat the other tures may be presented for reference and printing. party. If these gentlemen are to act according to their political bias, SETTLERS ON PUBLIC LANDS. will they not each try to get the fifth on their side f Of course they 1\Ir. STRAIT introduced a bill (H. R. No. 4481) for the relief of set will; and from the day you bring in that court as a tribunal to de tlers on the public lands; which was read a first and second time, cide who shall fill the high office of President of this country, from referred to the Committee on Public Lands, and ordered to be printed. 1877. CONGRESSIONAL RECORD-HOUSE. 809 IMMIGRATION, ETC. BANKRUPT LAW. Mr. STRAIT also introduced a bill (H. R. No. 4482) making an ap Mr. JOYCE also presented the following joint resolution of the propriation for the preparation of a report on immigration and public Legislature of the State of Vermont, in relation to the bankrupt law lands; which waa read a first and second time, referred to the Com of the United States; which was referred to the Committee on the Ju mittee on Printing, and ordered to be printed. diciary, and ordered to be printed. EXEMPLIFIED COPIES-LAND OFFICE. Resolved by the aenats and house of Tepresentatives, That our Senators in Con gress be instructed and our Representatives requested to use their votes and in Mr. GOODIN introduced a bill (H. R. No. 4483) to authorize the fluence for the repeal of the act of Congress known as the general bankrupt Ia.w of money received by the General Land Office for exemplified copies to the United States. be used for the employment of clerical labor; which was read a first JOHN W. STEWART and second time, referred to the Committee on Public Lands, and Speake'r of the HOU8e of Representatives. ordered to be printed. REDFIELD PROCTOR, PTesident of the Senate. E. F. WENCKEBACH. Mr. KIDDER introduced a bill (H. R. No. 4484) for the relief of E. DONATION OF CONDEMNED ORDNANCE. F. Wenckebach; which was read a first and second time, referred to Mr. CRAPO introduced a bill (H. R. No. 4487) donating condemned the Committee on Military Affairs, and ordered to be printed. ordnance to Post No.1, Grand Army of the Republic, New Bedford, STREET PAVING, ETC., WASHINGTON A...~ GEORGETOWN. Massachusetts; which waB read a first and second time, referred to Mr. HALE introduced a bill (H. R. No. 4485) to regulate street the Committee on Military .Affairs, and ordered to be printed. paving and repairs in Wa.ahington and Georgetown, District of Co- THOMAS A. WESTON. lnmbia; which was read a first and second time. Mr. SEELYE introduced a bill (H.R.No. 4488) to confirm the term ~.lr. HALE. I aBk for the reading of the bill in extenso. for the period of seventeen years from the date of its original grant The Clerk proceeded with the reading of the bill. of the patent of Thomas A. Weston, No. 67470, granted August 6, Mr. HOLMAN. I feeljustified, Mr. Speaker, in again aBking unani- 1867, re-issue No. 4791, July 9, 1872; which was read a first and sec- mons consent of the Honse, instead of consuming the time in the read- ond time, referred to the Committee on Patents, and ordered to be • ing of all bills introduced for reference, that, after the Stat-es and printed. Territories shall have been called through for the introduction of RECEIVERS OF NATIONAL BANKS. bills and joint resolutions for reference, the House shall then resolve Mr. W A.RNER introduced a bill (H. R. No. 4489) amending the act itself into Committee of the Whole on the state of the Union, to go entitled "An act authorizing the appointment of receivers of national on with the Indian appropriation bill. banks, and for other purposes;" which WaB read a first and second The SPEAKER. The ~entleman from Maine introduced_a bill for time. reference and demanded Its reading, which he had a right to do, and Mr. W A.RNER. I ask that the bill may be referred to the Com- the Clerk is proceeding with the bill. mittee on the Judiciary. Mr. HOLMAN. I presume the gentleman's object is to consume the Mr. COX. I think that the bill to which this is an amendment morning hour. . . · . came from the Committee on Banking and Currency; but I have no The SPEAKER. Th~ ChaiT cannot look m~o the motiv~s of mem- objection to the reference suggested. b.ers, and the Clerk will therefore proceed With the reading of the . The bill was referred to the Committee on the Judiciary, and or- t bill. dered to be printed. · Mr. HALE. I have no objection whatever after the States and Ter- ritories have been called for the introduction of bills and joint reso TELEGRAPffiC COMMUNICATION BETWEEN AMERICA AND EUROPE. lutions for reference, to unanimous consent being given to go into Mr. WOOD, of New York, (by request,) introduced a bill (H. R.No. Committee of the Whole on the state of the Union. 4490) to encourage and promote telegraphic communication between Mr. HOLMAN. I ask that unanimous consent shall be given imme America and Europe; which was read a first and second time, re diately after the introduction of bills and joint resolutions to go into ferred to the Committee on Foreign Affairs, and ordered to be printed. • Committee of the Whole to take up the Indian appropriation bill. SURETIES OF ROBERT H. LANE. Mr. HALE. I have no objection to that proposition, that is, as soon as the :first call for bills and joint resolutions has been gone through, Mr. WOOD, of New York, a]so (by request) introduced a bill (H. that then the House shall go into Committee of the Whole. R. No. 4491) for. the relief of the sureties on the official bond of Robert Mr. HOLMAN. It will only take half an hour, in my judgment, to H. Lane, late collector of internal revenue, second district of Texas; :fini h the Indian appropriation bill. which was read a first and second time, referred to the Committee of Mr. HALE. I do not object to the morning hour being terminated Ways and Means, and ordered to be prin.ted. as soon as the States and Territories have been called through for SECOJ\TD JUDICIAL DISTRICT, NEW YORK. bills and joint resolutions for reference. Mr. HEWITT, of New York. By request of a large number of the The SPEAKER. In other words, the proposition is to cut off the in- members of the bar of the city of New York, ratified by the action of the troduction of House resolutions on the second oall. Bar Association of that city, I introduce for reference a bill to amend Mr. HOLMAN. Certainly. chapter 6, title 53, of the Revised Statutes of the United States, and Mr. BANNING. Then I object. to provide for the appointment of associate justices of the second ju Mr. HOLMAN. I hope the gentleman will withdraw his objection, dicial district of New York. as my object is to make available the time which otherwise would The bill (H. R. No. 4492) was received, read a first and second time, be consumed in the reading of these bills. referred to the Committee on the Judiciary, and ordered to be printed. The SPEAKER. The Clerk will proceed with the reading of the bill. CLERKS OF UNITED STATES COURTS. The Clerk then :finished the reading of the bill. Mr. WILLIS introduced a bill (H.R.No. 4493)in relation to clerks, The bill wa.s referred to the Committee for the District of Col deputy clerks, and assistant clerks of the United States courts; which umbia, and ordered to be printed. was read a first and second time, referred to the Committee on the CONTESTED ELECTIONS FOR THE PRESIDENCY, ETC. Judiciary, and ordered to be printed. Mr. FRYE introduced a bill (H. R. No. 4486) to establish a court PUBLICATION AND SALE OF PUBLIC DOCUMENTS. for the trial of contested elections for the offices of President and Vice Mr. LEAVENWORTH introduced a bill (H. R. No. 4494) to provide President of the United States; which was read a first and second for the publication, distribution, and sale of public documents; which time. was read a first and second time, refeued to the Committee on Print Mr. FRYE asked that the bill be read through. ing, and ordered to be printed. The bill was read in extenso, referred to the Committee on the Judi ciary, and ordered to be printed. HENRY G. HEALY. FISHERIES. Mr. MACKEY (byrequest)introduced a bill(H. R. No. 4495)forthe relief of Henry G. Healy, late lieutenant-colonel of the Sixty-fifth Mr. JOYCE presented ille following joint resolution of the Legisla Regiment of New York Volunteers; which was read a first and sec ture of the State of Vermont, relative to fisheries in waters within ond time, referred to the Committee on :Military Affairs, and ordered the jurisdiction, in part, of different States and the Brilish Prov to be printed. inces; which was referred to the Committee on the Judiciary, and COUNTING THE ELECTORAL VOTE. ordered to be printed. Mr. FREEMAN. The governor of Pennsylvania has transmitted Whereas, unde~ existing provisions of law and treaty, there is no adequate to means of pre-venting or punishing the wrongful destruction of fish in the waters me a series of resolutions adopted by the Legislature of that State in partly within the jurisdiction of the severarstates and the British Provinces of relation to a peaceful settlement of the pending difficulties in relation North America, by reason of which great injury is done to an import.ant branch of to the counting of the electoral vote. I ask that the resolutions may industry, commerce, and food supply of the United States: Therefore, be read, printed in the RECORD, and referred to the select committee Resolved by the senate amd hOttlle oj Tepresentativea; That our Senat~rs be instrncted and our Representatives in Congress be requested to use all proper efforts to the on counting the electoral vote. · f end of .Preserving and protecting such fisheries and the interests of the United The resolutions were read, referred to the select committee on count States m the same. ing the electoral vote, and ordered to be printed in the RECORD. They REDFIELD PROCTOR, are as follows : PTesident of th~ Senats. JOHN W. STEWART, Whereas the tranquillity of the country has been disturbed and it.s business Speaker of the House of Reprueneati"'. -- prosperity imperiled by the extra6rdinary difficulty of ascertaining in the nearly I 810 CONGRESSIONAL RECORD-HOUSE. JANUARY 22, balanced vote what has been the result of the late election for the electors of Pres the monstrous assumption that the President of the Senate could ident and Vice-President; And whereas to allay any excitement that may endanger the public peace and count the electoral votes. I did unveil a conspiracy which aimed a.t precipitate upon the people the calamities of civil war, from which they have been the overthrow of popular government and the inauguration of the lat~ly delivered, it seems fit and proper that the Legislatures of the States whose defeated candidate as President. I did insist that the power to count pT"erogatives an~ ~tal interes~ a.r:e involve~ in the is~ue ~hould de Thomas H. Bradley; which was read a :first and second time, referred referred to the Committee on Invalid Pensions, and ordered to be to the Committee on Military Affairs, and ordered to be printed. printed. JOSEPH WHITEHEAD. EASTER:N BAND OF CHEROKEE INDIANS. Mr. GUNTER introduced a bill (H. R. No. 4523) for the relief of Mr. GLOVER also introduced a bill (H. R. No. 4509) to repeal an Joseph Whitehead; which was read a first and second time, referred act entitled" An act to authorize the Commissioner of Indian Affairs to the Committee of ClaimsJ and ordered to be print~d. to receive lands in payment of judgments to the eastern band of Cherokee Indians ; " which was read a first and second time. referred MARCELLUS A. WILLI.AMS. to the Committee on Indian Affairs, and ordered to be printed. Mr. FINLEY introduced a bill (H. R. No. 4524) for the relief of Marcellus A. Williams, of Florida ; which was read a first and second RED RIVER RAFT. time, referred to the Committee on Expenditures in the Interior De Mr. LEVY introduced a bill (H. R. No. 4510) making appropriation partment, and ordered to be printed. for closing the bayou opposite the Raft in Red River and Mack's Bayon; which was read a first and second time, referred to the Com MATTHI.AB PABST. mittee on Commerce, and ordered to be printed. Mr. SCHLEICHER introduced a bill (H. R. No. 4525) for the relief of Matthias Pabst; which wa.s read a first and second time, referred CAPITAL MUTUAL GAS-LIGHT COMPANY OF DISTRICT OF COLUMBIA.. to the Committee for the District of Columbia, and ordered to be ' Mr. LEVY also introduced a bill (H. R. No. 4511) to incorporate the printed. Capital Mutual Gas-light Company of the city of W a.shin~on; which TROOPS IN THE DISTRICT OF COLUMBIA. was read a first and second time! referred to the Comnnttee for the Mr. CAULFIELD introduced a bill (H. R.-No. 4526) to regulate the District of Columbia, and orderea. to be printed. disposition of troops in the District of Columbia; which was read a REVISION OF THE STATUTES OF THE UNITED STATES. first and second time, referred to the Committee on Military Affairs, and ordered to be printed. Mr. HARDENBERGH introduced a bill (H. R. No. 4512) to correct the revision of the statutes of the United States; which was read a BONNET CREVASSE, MISSISSIPPI RIVER. first and second time, referred to the Committee on the Revision of Mr. HOOKER introduced a bill (H. R. No. 4527) to protect the the Laws, and ordered to be printed. States of Mississippi and Louisiana and the sea-coast of Mississippi from the inundations of the Mississippi River through -the Bonnet IMPROVEMENT OF THE CHATTAHOOCHEE RIVER. Crevass~; which was read a first and second time, referred to the Mr. HARRIS, of Georgia, introduced a bill (H. R. No. 4513) mak Committee on Commerce, and ordered to be printed. ing an appropriation for continuing the improvement of the Chatta UNITED STATES .ARMY. hoochee River, in the State of Georgia; which was read a :first and second time, referred to the Committee on Commerce, and ordered to Mr. THROCKMORTON moved to snspend the rules and a-dopt the be printed. following resolution: .Resolvea, That the Committee on Military Affairs be, and is hereby, directed to BOARD OF HEALTH, DISTRICT OF COLUMBIA.. inquire and report to this Houae the present strength, location, and occupation of Mr. WILLARD introduced a concurrent resolution directing the the troops of the United States Army ; how many are now being nsed npon the In dian and Mexican frontier, and what troops, if any, have been withdrawn there printing of 1,000 extra copies of the report of the board of health of from, and if the safety of the frontier does not demand that all the troops with the District of Columbia; which was read, and referred to the Com drawn should be replaced; how many are now located in and around Washington ; mittee on Printing. when the troops were ordered toWashington ; the nature of their orders; by whom made, and the purpose for which they are or have been ordered here; tho amount P.ALAIS ROYAL HOTEL, DISTRICT OF COLUMBIA. paid for transportation of troops since July last; by whom and to whom paid. Said Mr. WELLS, of Missouri, introduced a bill (H. R.lfo. 4514) to in committee are hereby authorized to send for persons and papers. corporate the PaJ.a.is Royal Hotel of District of Columbia; which The question being taken on the motion to suspend the rules, there was read a first and second time, referred to the Committee for the were-ayes 109, noes 73, less than two-thirds voting in the affirmative. District of Columbia, and ordered to be printed. Mr. THROCKMORTON. I call for the yeas and nays. JANE D. COTTON. The yeas and nays were ordered. The question was taken; and there were-yeas 142, nays 87, not Mr. AINSWORTH introduced a bill (H. R. No. 4515) grantin~ a pen voting 60 ; as follows : sion to Jane D. Cotton; which was read a first and second tune, re YEAS-Messrs. .Abbott, .Ainsworth, Anderson, .Ashe, .Atkins, Bagby, John H. ferred to the Committee on Invalid Pensions, and ordered to be Bagley, jr., Banning, Bell, BlMkburn, Bland, Blonnt,Boone, Bradford, Bright, John printed. Young Brown, Samuel D. Burchard, Cabell, John H. Caldwell, William P. Caldwell, BENJAMIN F. RUNYON. Campbell, Candler, Cate, Caulfield, John B. Clark, jr., of Missouri, Clymer, Coch rane, Cook, Cowan, Cox, Culberson, Cutler, Davis, DeBolt, Dibrell, Donglas, Eden, Mr. DUNNELL introduced a bill (H. R. No. 4516) granting a pen Ellis, Felton, Finley, Forney, :E)'anklin, Fuller, Gause, Glover, Goode, Goodin, Gun sion to Benjamin F. Runyon; which was read a first and second time, ter, .Andrew H. Hamilton, Robert Hamilton, Hancock, Hardenbergh, Henry R. referred to the Committee on Invalid Pensions, and ordered to be Harris Harrison, Hartridge, Hartzell, Hatcher, Haymond, Henkle, Abram S. Hew printed. itt, Ho'lian, Hooker, Hopkins, House, Humphreys, Hunton, Kehr, Knott, Lamar, Fr~nklin Landers, George M. Landers, Lane, Le.vJ:, Lewis, Luttrell, Mackey, WESTERN CHEROKEES. MaiBh, McFarland, McMahon, Metcalfe, Milliken, Mills, Money, Moruan, Mut-ch Mr. WILSHIRE introduced a bill (H. R. No. 4517) to refer the claim ler, Neal, New, O'Brien~.Payne, Phelps, John F. Philips, Piper, Popple~n, Powell, Rea.. Reagan, Rice Ridrue, John Robbins, William M. Robbins, Roberts, Sa•age, of the Western Cherokees or " old settlers " against the Government Sayler, SCales, Schleicher, Sheakley, Sing:leton, Slemons, William E. Smith, South of the United States to a board of commissioners for adjustment and ard, Sparks, Springer, Stanton, Sten11:er, Stevenson, Swann, Tarbox, Teese, Terry, final settlement ; which was read a first and second time, referred to Thompson, Throckmorton, Tucker, Turney, JohnL. Vance, Robert B. Vance, Wad the Committee on Indian Affairs, and ordered to be printed. dell, Charles C. B. Walker, Wallins, Wafsh, Warner, Watterson, Erastus Wells, Whitthorne, Wike, .AlphellB-S. Williams, Jere N. Williams, Willis, Wilshire, Ben· MRS. SARAH J. CHIPMAN. jamin Wilson, Fernando Wood. Yeates, and Young-142. NAYS-Messrs. Adams, George A. Bagley, John H. Baker, William H. Baker, Mr. PRATT introduced a bill (H. R. No. 4518) to grant a pension to Ballou, Banks, Blair, Bradley, WilliamR. Brown, Horatio C. Burchard, Burleigh, Mrs. Sarah J. Chipman; which wa.s read a first and second time, re Cannon, Carr, Chittenden, Conger, Cra.po, Crounse, Danford, Davy, Denison, Dob .ferred to the Committee on Invalid Pensions, and ordered to be bins, Dunnell, Eames, Evans, Flye, Fort, Foster, Freeman, Frye, Garfield, Hale, Haralson, Benjamin W. Harris, Hathorn, Hendee, Henderson, Hoar, Hoge, Hos printed. kins, Hubbell, Hunter, Hurlbut, Hyman, Joyce, Kasson, Kelley, Kimball, Lapham, .ADOLPH NIMITZ. Lawrence, Leavenworth, Lynch, Magoon, MMDougall, McDill, Miller, Monroe, Nash, Norton~ Oliver, Page, Pierce~.Plaisted, Potter, Pratt, Rainey, Robinson, RllBk, Mr. SMALLS introduced a bill (H. R. No. 4519) to re-imburse Adolph Sampson, Seelye, Sinnickson, Smaua, A. Herr Smith, Strait, Stowell, ThornbtD'gh, Nimitz, trustee for Meta Nimitz, his wife, for losses sustained at Beau Martin L Townsend, Tufts, Van Vorhes, Wait, Waldron, John W. Wallace, Whit fort, South Carolina, November 8, 1861; which was read a first and ing, Charles G. Williams, William B. Williams, James Wilson, .Alan Wood, jr., and second time, referred to the Committee on War Claims, and ordered Woodworth-87. NOT VOTING-Messrs. BaRs, Beebe, Bliss, Buckner, Cason, Caswell, Chapin, to be printed. John B. Clarke of Kentucky, Collins, DarraJl, Durand, Durham, Egbert, Faulkner, FIRE AT MADISON BARRACKs, NEW YORK. Field, Gibson, John T. Harris, Hays, Hereford, Goldsmith W. Hewitt, Hill, Hurd, Jenks, Frank Jones, Thomas L. Jones, King, Le Moyna, Lord, Lynde, McCrary, Mr. HOGE introduced a bill (H. R. No. 4520) for the relief of 'offi Meade, Morrison, Odell, O'Neill, Pooker, William A. Phillips Platt, Purman, John cers of the United States Army who suffered loss by fire at Madison Reilly, James B. Reilly, Miles RQss. Sobieski Ross, Schumaker, Stephens, Stone, Thomas, Washington Townsend, Gilbert C. Walker, .Alexander S. Wallace, Ward, Barracks1 New York, November6, 1876; which was read a. first and second time, referred to the Committee on Military Affairs, and or Warren, G. Wiley Wells, Wheeler, White, WhitehollBe_ Wigginton, Willa.rd, .An dered to be printed. drew Willia.:ms, James Williams, and Woodburn--{iO. CHA.RWTTE F. CLARK. So (two-thirds not voting in favor thereof) the rules were not sus Mr. FORT introduced a bill (H. R. No. 4521) granting a pension to pended. Charlotte F. Clark, widow of Bela T. Clark, late captain Company During the roll-call the following announcements were made: D, Forty-second Regiment lllinois Volunteer Infantry; which was Mr. ELLIS. My colleague, Mr. GIBSON, is detained from the House read a first and second time, referred to the Committee on Invalid on account of sickness. Pensiens, and ordered to be printed. Mr. JOHN REILLY. I am paired off with my colleague, Mr. O'NEILL, on all political questions; and deeming this question of that MELCHI GROVE. nature I refrain from voting. Mr. FORT also introduced a bill (H. R. No. 4522) granting a pension Mr. WALLACE, of South Carolina. On this question I am paired to Melchi Grove, first lieutenant Company E, Eighty-sixth Regiinent with the gentleman from California, 1\fr. WIGGINTON. Illinois Volunteer Infantry; which was read a first and second time, -The restllt of the-vote was announced as above stated. 812 CONGR,ESSIONAL RECORD-HOUSE. JANUARY 22, CHOCTAW INDIANS. The message further announced that the President had approved Mr. SEELYE. I submit the following resolution: and signed January 20, 1877, an act (H. R. No. 2287) for the relief of Peters & Reed, naval contractors at the Norfolk navy-ya.rd in the Resolved, That the rules be suspended so as to discharge the Committee of the Whole Honse on the state of the Union from the further consideration of the bill year 1860. (H. R. No. 3798) for the relief of the Choctaw Indians and bring the same before ASKING LEAVE TO VOTE. the House for consideration at this time. Mr. DENISON. Mr. Speaker, I was not within the bar before the May I have unanimous consent simply to state the object of this last name on the roll was called, but I should like to have my vote billf recorded. The SPEAKER. If there be no objection, the gentleman will pro Mr. FORT. I should like to accommodate the gentleman, but un- ceed. The Chair hears no objection. der the circumstances I must object. · Mr. SEELYE. The bill which this resolution proposes to consider .Mr. CAULFIELD. I was absent from the House engaged in com provides. simply ~hat ~he Choctaw Nation may. have permiss~on to mittee-room on public business when my name was called, and ask bring srut for their clatm before the Court of Cla1ms. If the bill can leave to vote. be brought up for consideration, I think but a few moments will be The SPEAKER. The gentleman from lllinois WaB not present be required to pass it. fore the Jast name on the roll wa.s called, and asks leave to vote. Is Mr. FORT. Is this debate proceeding by unanimous consent 7 there objection f The Chair ·puts this question distinctly because the The SPEAKER. The gentleman from Massachusetts asked unani vote is very close. mous consent (which was given) to make a brief statement in refer Mr. KELLEY. · Will the Chair permit me to ask whether the rule ence to the subject. The question is on suspending the rules. is not now, at any time when the roll was called, at the beginning, or Mr. FORT. Unanimous consent ought to be given for debate on while it WaB proceeding; and whether that does not bring the mem the other side. ber within the rule' The SPEAKER. This is a motion to suspend the rules and consider The SPEAKER. The rule does not read so, a.nd the Chair is the bill, not to pass it by this vote. obliged to conform to the language of the rule. Mr. PAGE. Does the gentleman from Massachusetts propose toaJ.- Mr. KELLEY. It has always been so considered. low the proposition to be debated f The SPEAKER. The Chair begs leave to differ from the gentle- Mr. HOLMAN. I hope the resolution will be agam read. man. The resolution was again read. Mr. HOAR. I ask the Clerk to read the rule. Mr. HOLMAN. Will the gentleman from Massachusetts explain The Clerk read as follows: what consideration he proposes that this bill shall receive-how long 29. No member shall vote on any question in the event of which he is immedi a consideration f ately and partienlarly interested, or in any case where he was not within the bar Mr. SEELYE. Of course I propose to leave that entirely to the of the Honse when the question was put.-April 17, 171:!9. When the roll-call is House. I do not suppose that any lengthy consideration is necessary completed. the Speaker shall state that any member offering to vote does so upon the a8Snrance that he was within the bar before the last name on the roll was or would be desirable. It is a simple matter and can be explained in called.-March 19, 1869. Provided, however, That any member who wa.s absent by a very few minutes. The House can judge very rea.dily whether the leave of the Honse may vote at any time before the result is announced.-March 2, bill is proper or not. 1865. It is not in order for the Speaker to entertain any request for a. member to change his vote on any question after the result shall have been declared, nor shali Mr. HOLMAN. This subject is, of course, very well understood by any member be allowed to record his vote on any question if he wa.s not present memb~rs of the House. Time and again during a great many years when such vote was taken.-May 27, 1870. past the subject has been before Congress for consideration and the claim has been uniformly rejected, as it was recently rejected by the Mr. KELLEY. Wjth due deference to the opinion and memory of the Interior Department. Speaker, I beg leave to suggest that any member who waf:l present Mr. WILSHIRE. I rise to a point of order. I submit that the when the question waB put, or before the last name was called, has motion to suspend the rules is not debatable. the clear right to vote. And during my now somewhat extended ca The SPEAKER. The Chair sustains the point of order. reer, such has been the uniform ruling. I have frequently been in the Mr. HOLMAN. If the effect of this suspension of the rules will be House when the question was put, gone out during the progress of the to pass the bill, I hope it will not be agreed to. call, and returned and voted under the rule; and I have seen hundreds The House divided; and there were-·ayes 101, noes 48. of others do the same thing. Mr. HOLMAN. This is so important a measure tha.t I demand the The SPEAKER. The gentleman may have had that permission yeas and nays on the motion to suspend the rules. given to him if he was on a committee that had leave to sit during The yeas and nays were ordered. the sessions of the House. · The question was taken; and it was decided in the negative-yeas Mr. HOAR. Does the Chair believe that a rule which states that 141, nays 74, not voting 74; as follows: a member who was within the bar before the la~t name on the roll was called shall vote, cannot vote if he were in the House before it YEAS-Messrs. Abbott, Adams, .Ainsworth, .Anderson, Ashe, Bagby, George A.. was called 7 Bagley, John H. Bagley, jr., William H. Baker, Ballou, Banning, Bland, Boone, Bradley, William R. Brown, Burlei~h, Campbell, Cate, Chittenden, Conger, Cook, The SPEAKER. If the gentleman did not respond to his name Cowan, Crapo, Dary-, Dibrell, Dobbms, Dunnell, Eames, ElliB, Evan.s, Fililey, Flye, when it was called, the practice as well as the wording of the rule is Franklin, Freeman, Frye, Fuller, Garfield, Gause, Goode, Gtlodin, Gunter, Hancock, that he must give assurance on the request of the Speaker that he Haralson, Benjamin W. Harris, Henry R. Harris, Harrison, Hartzell, Hathorn, Hay was within the bar before the last name on the roll was called, before mond, Hendee, AbramS. Hewitt, Hoar, Ho~!'· Hooker, Hopkins, Hubbell, Hunter, Hurd, Hurlbut, Hyman, Joyce, Kasson, Keuey, Lamar, Franklin Landers, Ge01:g_e he can vote. That is the rule and so the Chair decides. M. Landers, Lane, Le Moyne, Levy, Lord, Luttrell, Lynch, MacDougall, McDill, Mr. HOAR. There was a misunderstanding of the ruling of the McFarland, Meade, Metcalfe, Miller, Milliken Mills, Money, Morgan, Mut-chler, Chair. It was understood that the member must Le here when the Nash, Norton, Oliver, Payne, Phelps, Pierce, P?Rr;::,ton, Pratt, Furman, Rainey, last name on the roll was called. Rea, John Reilly, Rice, Riddle, John Robbins, w· M. Robbins, Robinson, Say ler, Scales, Schleiche!J Seelye, Shea.kley, Singleton, Slemons, Smalls, Southard, Mr. KELLEY. Snch was my understanding of the ruling of the Stanton, Strait, Stoweu, Tarbox, Thompson, Throckmorton, Martin I. Townsend, Chair. Tufta, VanVorhes, John L. Vance, Robert B. Vance, Waddell, Wait, Charles C. The SPEAKER. The Chair made no such ruling. B. Walker, .Alexander S. Wallaee, Walling, Walsh, Ward, Warner, Warren, Wat terson, White, Whiting;, Whitthorne, Wike, .Alpheus S. Williams, Wilshire, Ben· Mr. CAULFIELD. 1 will state, Mr. Speaker, that I was not with jamin Wilson, James Wilson, .Alan Wood, jr.. Woodworth, and Yoong-141. in the bar at the beginning or end of the roll-call; that I was absent . NAYS-Messrs. Atkins, John H. Baker, Blount, Bradford, John Young Brown, on the Judiciary Committee to aBcertain how I should vote on a pend Horatio C. Burchard, Samuel D. Burohard, Cabell, John H. Caldwell, William P. ing measure before that committee, and I now ask leave to ha.ve my Caldwell, Candler, Cannon, John B. Clarke of Kentucky,Iohn B. Clark jr., of Mis 1 vote recorded. souri, Clymer, Cochrane, Cox, Cutler, Danford, Davis, lJe Bolt, Do~laB, Felton, Forney Fort, Glover, Hale, .Andrew H. Hamilton, Robert Hamilton, .tt.ardenbergh, Mr. FORT. Will the Chair allow me to state the reason why I ob Ha.rtri.~~. Hatcher, Henderson, Holman, Hoskins, Humphreys, Hunt;on, Kehr, ject! Kimball, Lawrence, Leavenworth, Mackey, Magoon, Maish, McMahon, Monroe, The SPEAKER. The gentleman objects, and that is sufficient. Morrison, Neal, New, O'Brien, Page,John·F. Philips, Piper, Potter, Powell, Rea gan, Roberts, Sampson, Savage, .A.. Herr Smith,William E. Smith, Sparks, Stenger, Mr. CAULFIELD. Does the gentleman object! Stevenson, Swann, Teese, Terry, Tucker, Turney, Waldron, Erastus Wells, Uharles Mr. FORT. I have objected to others, and of course must object in G. Williams, Jere N. Williams, and Yeates-74. this case. NOT VOTING-Messrs. Banks, Bass Beebe, Bell, Blackburn, Blair, Bliss, Bright, .Mr. CAULFIELD. I will then state, Mr. Speaker, that I w:Rl absent Buckner, Carr, Cason, Caswell, Caulfield: Chapin, Collins, Crounse, Culberson, Dar raJI, Denison, Durand, Durham, Eden, Egbert, Faulkner, Field, Foster, Gibson, on the business of the House. John T. Harris, Hays, Henkle, Hereford, GOldsmith W. Hewitt, Hill, House, Jenks, Mr. LAPHAM. I was not present a.t the close of the roll-call, hav Frank Jones, Thomas L. Jones, King, Knott, Lapham, Lewis, Lynde, McCrary, ing been called to the Senate on important business. I ask unanimous Odell, O'Neill, Packer, William .A.. Phillips, Plaisted, Platt, James B. Reilly, Miles consent that I may vote. Ross, Sobieski Ross, Rusk, Schumaker, Sinnickson, Springer, Stephens, Stone, Thomas, Thornburgh, WashinJrt,en Townsend, Gilbert C. Walker, John W. Wal· Mr. SAVAGE. I object. lace, G. Wiley Wells, Wheeler, Whitehouse, Wigginton, Willard, .Andrew Williams, The result of the vote was then a.unotinced as above recorded. James Williams, William B. Williams, Willis, Fernando Wood, and W~burn-74. MESSAGE FROM THE SENATE. So (two-thirds not having voted in favor thereof) the rules were not suspended. A message from the Senate, by Mr. SYMPSO~, one of its clerks, in MESSAGE FROM THE PRESIDENT. formed the House that the Senate had passed, without amendment, bills of the House of the following titles: During the roll-call a messa.ge, in writing, was received from the The bill (H. R. No.3575)granting a pension to Eliza A. Blaze, widow President of the United States by his Private Secretary, Mr. U.S. of Abner T. Blaze, late a private in Company C, Thirteenth Indiana. GRANT, Jr. Cavalry Volunteers; 1877. CONGRESSIONAL RECORD-HOUSE. 813 The bill (H. R. No. 3511) granting increased pension to Thoma.s G. So (two-thirds. not having voted in favor thereof) the rules were not Kingsley; and . . . suspended. The bill (H. R. No. 3038) granting a pens10n to Almon F. M1lls, late ORDER OF BUSINESS. a private in Company K, Twenty-ninth Regiment Ohio Volunteers. Mr. ASHE. I rise to make a motion to suspend the rnles. The message further announeed that the Senate had passed, with Mr. WELLS, of .Missouri. I move that the House do now adjourn. amendments in which the concurrence of the House was reque~ted, Mr. HOLMAN. I trust the gentleman from Missouri, [Mr. WELLS,] the bill (H. R. No. 4168) to amend section 1 of the act of May 12, 1864, instead of movina to adjourn, will move that the House go into Com for a grant of land to the State of Iowa, to aid in the construction of mittee of the Wh~le on the Indian appropriation bill. a railroad in said State. Mr. ASHE. I ask the gentleman from Missouri not to insist on his The message further announced that the Senate bad passed bills of motion until I have obtained the sense of the. House on the motion the following titles; in which the concurrence of the Honse was re to suspend the rules. quested: The SPEAKER. Tbe gentleman from Missouri [Mr. WELLS] moves A bill (S. No. 1152) granting a pension to Amaza J. Finch; that the House do now adjourn. A bill (S. No. 855) making an appropriation to pay the claim of Ben- Mr. HOLMAN. I trust the gentleman will change that motion to jamin Fenton and D. W. Fento~; and . let us proceed to the consideration of the Indian appropriation bill. A bill (S. No. 807) for the rehef of John E. Catlett, of Hanmbal, The SPEAKER. If the ~entleman from Missouri changes his mo Missouri. tion the Chair will recogmze the gentleman from North Carolina, CLAIMS FOR WAR LOSSES. [Mr. AsHE.] The Chair would state to the gentleman from Indiana Mr. HUNTER. I move that the rnles be suspended, and that the that, having recognized the gentleman from North Carolina for a mo joint resolution which I send to the desk be passed. tion to suspend the rules, he is compelled to reco~nize the -gentleman The Clerk read as follows : from Missouri to make the motion to adjourn, which is not debatable. But the gentleman from Indiana can see that it would be unjust to A joint resolution proposing an amendment to the Constitution of the United States. the gentleman from North Carolina if under those circumstances the .Resolved by t:M Senate and House of Representatives of th.e United States of A mer ica in 007Lf!ress assembled, (two-thirds of each House concurring therein,) That the fol Chair were to recognize the gentleman from Missouri to make another lowing articl~ be ~ro:posed to the Legislatures of the several States as an amend motion. ment to theConstttution of the United States, which, when ratified. by three-fourths Mr. HOLMAN. That is manifest ; but in the interest of public of t!aid Legislatures, shall be valid as a part of the Constitution, namely: business I hope the gentleman from Missouri will withdraw his mo II ARTICLE XVL tion to adjourn and renew it after the gentleman from North Carolina "No claim shall ever hereafter be allowed or paid by the United States, in the shape has been heard. of damages or otherwise, for any kind of property, real or personal, used, cons~ed, Mr. WELLS, of Missouri. I withdraw for the present the motion injured or destroyed by United St.a.tes troops, or by or through any officers, Civil or to adjourn. military, acting under or by au~hority of the Unite~ St;ates, or from any other cause whatever, during the suppressiOn of the late rebellion many of the States that were REFllli'D TO NORTH CAROLL.~A. in rebellion aaainst the Government of the United States ; or, for any property nsed, consumed injured or destroyed, as aforesaid, during snob rebellion outside of said Mr. ASHE. I have not occupied the time of the House. very much, States that were ht rebellion, and which belonged to persons residing within such and I do not expect to trouble it much more up to the 4th of .March. States that were in rebellion, unless the property at the time it was so used, consumed, But I desire the action of the Honse on a bill in which my State is injured, or destroyed, belonged to persons who were during all the time of such re bellion loyal to the Government of the United States and gave neither aid nor encour- deeply interested, which has· been reported by the Committee of agement to the enemy." - Claims favorably and which now stands on the Calendar. I move that the rules be suspended and that the Committee of the Whole The question being taken on a division by sound, the Speaker said House on the state of the Union be discharged from the further con that he was in doubt whether two-thirds had voted in the·affirmative. sideration of the bill (H. R. No. 1146) to refund to the State of North Mr. HUNTER. I call for the yea.s and nays. Carolina certain moneys therein named, and that it be brought before The yeas and nays were ordered. the House for action at this time. · Mr. WADDELL. I ask that the resolution may be again reported. The SPEAKER. The gentleman from North Carolina [Mr. AsHE] The resolution was again read. moves to suspend the rules for the purpose of considering this bill, Mr. REAGAN. IB that debatable? it being a motion to discharge the Committee of the Whole on the The SPEAKER. It is not. The motion is to suspend the rules and state of the Union from the further consideration of the bill. pass the joint resolution, and on that question the yeas and nays have The bill was read. been ordered. Mr. ASHE. I now ask that the report be read. Mr. EDEN. I would like to ask the gentleman from Indiana [Mr. Mr. HURLBUT. I object to the rea-ding of the report; it is not HUNTER] a question. necessary; we have heard the bill read. It is in the nature.of de Mr. PAGE. I demand the regular order. bate. Mr. HUNTER. I object to debate. Mr. HOAR. I rise to a parliamentary inquiry; is not this a motion Mr. EDEN. I do not want to debate, but to ask a question. to suspend the ritles f The SPEAKER. The Chair thinks that that wonld be in the na The SPEAKER. It is a motion to suspend the rules and pass the ture of debate. bill. The question was taken; and there were-yeas 125, nays 71, not vot Mr. ASHE. I aak that the report be read. ing 93; as follows : The SPEAKER. The gentleman from Illinois objected to the read YEAS-Messrs. Ad~s, Anderson, Bagby, George A. Bagley, John H: ~agley, jr., John H. Baker, William H. Baker, Ballou, Banks, :Bell, Bradley, William R. ing. Brown, Horatio C. Burchard, :Bu.rleigh, Cannon, Caswell, Clymer, Cochrane, Con Mr. YEATES. I rise to a parliamentary inquiry. I want to ask if ger, Crapo, Crounse, Cutler, Danford, Davy, Denison, Dobbins, Dunnell, Durand, this report is a unanimous one T Eames, Evans, Flye, Fort, FostertFreeman, Frye, Fuller~,...... Gar!ield, Goodin, Hale, The SPEAKER. That is not a point of order. .Andrew H. Hamilton, Hardenbergn, Benjamin W. Harris, .1:1.al'rison, Hartzell, Hen dee, Henderson, .Abram S. Hewitt, Hoar, Roue, Holman, Hopkins, Hoskins, Hub Mr. YEATES. I did not rise to a point of order, but I wished to bell, Humphreys, Hunter, Hurlbut, Hyman, ~oyc~~ Kasson, Kehr~,..,.Kimball, Lap make a parliamentary inquiry. I want to be informed whether this ham, Leavenworth, Luttrell, Magoon, MacDougau, McCrary, MolJill, McMahon, report is unanimous ! . Metcalfe, Monroe, Morgan, Neal, New, Norton, Oliver, PagebPhelps, Pierce, Piper, The SPEAKER. That is hardly a parliamentary inquiry, but the Plaisted, Poppleton, Potter, Powell, Pratt, Rice, John Rob ins, Rob1nson, Rusk, Sampson, Savage, Seelye, Sinuickson, A. Herr Smith, Sparks, Springer, Stenger, Chair will try to find out that fact for the information of the gen Stevenson, Stowell, Strait, Tarbox, Teese, Thompson, Thornburgh, Martin I. Town tleman from North Carolina, if there be no objection. send, Tufts, Turney, Van Vorhes, John L. Vance, Wait, Waldron, John W. Wal Mr. PAGE. I object. looe,Ward, Warner, White, Whiting, Wike, Willa.rd,.Alpheus S.Williams, Charles Mr. YEATES. Well, I will state that I am informed that it is a G. Williams, William B. Williams, Willis, James Wilson, .Alan Wood, jr., and Woodworth-125. unanimow report. [Laughter.] NAYS-Messrs. Ainsworth, Ashe, .Atkins Blackburn, Bland, Blount, Boone, The question was taken on Mr. AsHE's motion; and on a division Bradford Bright, John Young Brown, Samuel D. Burchard, Cabell, John H. Cald there were-ayes 76, noes 79. well, william P. Caldwell, Candler, Cate, Caulfield, John B. Clarke of Kentucky, So (two-thirds not voting in favor thereof) the rules were not sus Cook~ f:ulberson, Davis, Dibrell, Douglas, Eden, Ellis, Felton, Finley, Forney, FranJUin, Glover, Goode, Gunter, Robert Hamilton, Hancock, Henry R. Harris, pended. Hartridge, Hatcher, Henkle, Hooker, Hunton, Thomas L. Jones, Knott, .Lamar, Mr. ASHE. I ask unanimous consent that the report accompany Lynch, Milliken, Mills, O'Brien, John F. Philips, Rainey, Rea~an, Riddle, William ing the bill may be read. I am sure if the House conld hear the re M.lli>bbiru., Scales, Singleton, Slemous, Smalls, William E. Smit:n, Southard, Swann, port they would pa.ss the bill. Terr~, Throckmorton, Tucker, :&>bert B. Vance, Waddell, Erastus Wells, G. Wiley Wells, Whitthorne, Jere N. Williams, Wilshire, Fernando Wood, and Yeates-71. Mr. HOSKINS, Mr. HURLBUT, and other members objected. I move that the House do now adjourn. NOT VOTING-Messrs. Abbott1 Banninu, Bass, Beebe, Blair, Bliss, Buckner, Mr. KNOTT. Campbell, Carr, Cason, Chapin, Chittenden, john B. Clark,jr., of Missouri, Collins, The SPEAKER. Pending that motion the Chair desires to lay be Cowan, Cox, Darrall, De Bolt, Durham, Egbert, Faulkner, Field, Ganse, Gibson, fore the House a communication from the President of the United Haralson, John T. Harris, Hathorn, Haymond, Hays, Hereford, Golds~th W. Hewitt, Hill, House, Hurd, Jenks, Frank Jones, Kelley, King, Franklin Landers, States. George M. Landers, Lane, Lawrence, Le Moyne, Levy, Lewis, Lord, Lynde, Mac Mr. HOLMAN. I hope the ~entleman from Kentucky will not press key, ~h. McFarland, Meade, Miller, Money, Morrison, Mutchler, Nash, Odell, his motion. There is ample ttme dispose of the Indian appropria O'Neill, Packer, Payne,WilliamA.Phillips, Platt, Purman, Rea,JohnReilly,James to B. Reilly, Roberts, Miles Ross, Sobieski Ross, Salyer, Schleicher, Schumaker, tion bill this evening, and it is very important that the bill should Sheakley, Stanton, Stephens, Stone, Thomas, Washi.E_puton Townsend, Charles C. B. pass. Walker, Gilbert C. Walker, Alexander S. Wallooe, walling, Walsh, Warren, Wat EMPLOYMENT OF TROOPS IN SOUTHERN STATES. terson, Wheeler, Whitehouse, Wigginton, Andrew Williams, James Williams, Benj amin Wilson, Woodburn, and Young-93. _The SPEAKER. _The gentleman from Kentucky has waived his 814 CONGRESSiONAL REOORD-HOUSE. jANUARY 22, motion until the message from the President can 'Qe read, and the I have not employed troops on slight occasions, nor in any case where it has not. been necessary to the enforcement of the laws of the United States. In this I have Clerk will now read that message. been guided by the Constitution and the laws which have been enacted and the The Clerk read the message, as follows : precedents which have been formed under it. To ~ Houae of Representatives: It has been necessary to employ troops occasionally to overcome resistance to the On the 9th day of December, 1876, the following resolution of the House of Rep internal.revenne laws from the time of the resistance to the collection of the whisky resentatives was received, namely: tax in Pennsylvania, under Washington, to the present time. In 1854, when it was apprehended that resistance would be madtfin Boston to the " Resolved, That the President be requested, if not incompatible with the public seizure and return to his master of a fugitive slave, the troops there stationed were interest, to transmit to this House copies of any and all orders or directions e~ anating from him or from either of the Executive Departments of the Government employed to enforce the master's right under the Constitution, and troops stationed to any military commander or civil officer, with reference to the service of the at New York were ordered to be in readiness to go to Boston if it should prove to Army, or any portion thereof, in the States of Virginia, South Carolina, Louisiana, be necessary. In 1859, when .Tohn Brown, with a small number of men, made his attack upon and Florida, smce the 1st of Au~st last, together with reports by telenraph or otherwise from either or any of Bald military commanders or civil officers. Harper's Ferry, the President ordered United States troops to assisl; in the appre It was immediately or soOn thereafter referred to the Secretary of War and the hension and suppression of him and his party without a formal oa.1l of the Legis Attorney-General, the custodians of all retained copies of "orders or directions" lature or governor of Virginia and without proclamation of the President. given by the executive department of the Government covered by the above in Without citing further msta.nces in which the Executive bas exercised his power q niry, together with all information upon which snob "orders or directions " were as Commander or the Army and Navy to prevent or suppress resistance to the laws given. of the United States or where he has exercised like antherity in obedience to a call The information, it will be observed, is vobuninous, and, with the limited clerical from a State to suppress insurrection, I desire to assure both Congress and the force in the Denartment of Justice. has consumed the time up to the present. Many country that it has been my purpose to administer the executive powers of the Gov of the communications accompanying this have been already made public in connec ernment fairly, and in no instance to disregard or transcend the limits of the Con tion with messages heretofore sent to Congress. This class of information includes stitution. the important documents received from the governor of South Carolina and sent to U.S. GRANT. Congress wit11 my message on the subject oi the Hamburgh massacre; also the docu EXECUTIVE MANSION, January 22, 1817. ments aooompan~$. my resl?onse to the resolution of the Honse of Representatives in regard to the solaiers stationed at Petersburgh. Mr. WOOD, of New York. Mr. Speaker, I offer the following reso There have also come to me and to the Department of .Justice, from time to time, lution, upon which I demand the previous question, in connection other earnest written communications from persons holding public trusts and from with this message: others residing in the South, some of which I append herE~to as bearing up. on the precarious condition of the public peace in those States. These commnirlcations I Resolved, That the message of the President, and the accompanying documents, have reason to regard as made by respectable and responsible men. Many of them in answer to the resolution of the Honse, oalling for copies of all diSpatches, orders, deprecate the publication of their names as involving danger to them personally. &e., relating to the use of troops in the States of Virginia, South Carolina, Louisiana, The reports heretofore made by committees of Congress of the results of their in and Florida since the 1st August last, be referred to a select committee of el81i'en qniril\8 in Mississippi and in Louisiana, and the newspa:J,>6rs of several States recom members, with instructions to report whether there has been anv exercise of au mending "the lUssissippi plan," have also furnished Important data for estimat thority not warranted by the Constitution and laws of the United States in the use ing the danger to the public peaoo and order in those States. of the troops in the States referred to within the period stated, for which the Presi It is enough to say that these dift'erent kinds and sources of evidence have left dent is justly responsible; with power to send for persons and papers, to administer no doubt whatever in my mind that intimidation has been used, and actual violence oaths, and to report at any time. to an extent requiring the aid of the United States Government, where itwas pra~ ticable to furnish such aid, in South Carolina, in Florida, and in Louisiana, as well Mr. KASSON. I make the point of order that the resolution is not as in Mississippi, in .Alabama, and in Georgia. in order except under a motion to suspend the rules. The troops of the United States have been but sparingly used, and in no ease so The SPEAKER. What is not in order f as to interfere with the free exercise of the right of suffrage. Very few troops were available for the purpose of preventing or suppressing the violence and inli.mi Mr. KASSON. This resolution. dation existing in the States above named. In no case, exl:Bpt that of South Caro The SPEAKER. In what particular f lina, was the number of soldiers in any State increased in anticipation of the elec :Mr. KASSON. Simply because it changes the rule, and on this day tion, saving that twenty-four' men and an officer were sent from Fort Foote to that is not in order as an original resolution. Petersburgh, Vtrginia, where disturbances were threatened prior to-the election. No troops were stationed at tbe voting-places. In Florida and in Louisiana, re Mr. HOLMAN. There is no rule bearing upon the subject. spectively, the small number of soldiers already in the said States were stationed The SPEAKER. The Chair reads from the Digest. The Constitu at such points· in each State as were most threatened with violence, where they tion of the United States provides that the President shall from time might be available as a posse for the officer whose duty it was to preserve the p6j:Wle to time communicate to Congress, &c.; and and prevent intimidation of voters. Snob a disposition of the troops seemed to me reasonable and justified by law and precedent, while its omission would have All messages from the President are in writing, and are sent to the Honse by his been inconsistent mth the constitutional duty of the President of the United States Private Secretary. * • * Whenever taken up messages from the President are "to take care that the laws be faithfully executed." The statute expressly forbids always read in ntenso, the House never, as in the case of other communications, the bringing of troops to the polls, " except where it is necessary to keep the peace," dispensing with the reading of the same. implying that to keep the pe.ace it may be done. But this even, so far as I am ad vised, has not in any case been done. The stationing of a company or part of a Mr. HALE. I take it that the objection :is to the motion of the gen company in the vicinity, where they would be availaole to prevent riot, has been tleman from New York, [Mr. WooD,] who seeks now to create a new the only use made of troops prior to and at the time of the elections. Where so st-a.. tioned, they could be called in an emergency requiring it by a marshal or deputy committee. Now, by what authority has he the floor, objection being marshal as a po e to aid in suppressing unlawful violence. The evidence whicb made the moment the resolution was read, to bring that matter be:.. has come to me has left me no ground to doubt that if there had been more military fore the House f Of course these messages from the President are force available it would have been my duty to have disposed of it in several States always r13ceived and read and take the natural course. But that a with a view to the prevention of the Yiolence and intimidation which have un doubtedly contributed to the defeat of the election law in Mississippi, Alabama, member can take advantage of that and introduce a motion that and Georgia, as well as in South Carolina, Louisiana, and Florida. shall raise a new committee, is certainly an innovation. Now what By article 4, section 4, of the Constitution, "The United States shall guarantee right has the gentleman from New York to introduce this resolution f to every State in this Union a republican form of goverment, and shall protect The SPEAKER. The Chair, in accordance with the uniform prac each of them against invasion, and on application of the Legislature, or of the ex ecutive, (when the Legislature cannot be convened,) against domestic violence." tice, plac~s before the House a message from the President of the By act of Congress (R. S. U. S., sections 1034-'5,) tlie President, in case of "in United States. That message is read. The gentleman who introduced surrection in any State," or of "unlawful obstruction to the enforcement of the the resolution upon which that message was based is uniformly .rec laws of the United States by the ordinary course of judicial proceedings," or when ognized, as the Chair well remembers, to make the motion to print ever " domestic violence in any State so obstructs the execution of the laws thereof and of the United States as to deprive any portion of the people of such State" of and refer. their civil or political rights, is authorized to employ such parts of the land and Mr. HALE. Yes; but to refer it to some ordinary committee of the naval forces as he may deem necessary to enforce the execution of the laws and House. preserve the peace, and sustain the authority of the State and of the United States. Acting under this title (69) of the Revised Statutes, United States, I ac The SPEAKER. The Chair thinks that the motion can be to refer companied the sending of troops to South Carolina with a proolama.tion such as is the message either to a standing committee or to a special committee, therein prescribed. and the motion to refer to a standing committee would have prefer The President is also authorized by act of Congress" to employ such part of the ence. land or naval forces of tbe United States" * * * "as shall be necessary to prevent the violation and to enforce the due execution of the :{)revisions" of title 24 of the Mr. HALE. May any gentleman who has introduced a resolution Revised Statutes of the United Stares, for the protection of the civil rights of citi of this kind, when the message in answer to it comes back to the zens~ among which is the provision against- conspiracies"~ prevent by force, in House, take the floor and offer a resolution creating a new committee, timiaation, or threat, any oitizen who is lawfully entitled to vote from ~ving his just the same as he might take the floor to submit a motion to refer support or advocacy in a legal manner toward or in favor of the election of any lawfully qualified person as an elector for President or Vice-President, or as a it to a stan~~i committee of the Honse f member of Congress of the United States." (United States Revised Statutes, The SPE R. That would be a reference of the message. The 1989.) Chair thinks it would 'be in order to move to refer this communica In cases fallin~ under this title, I have not considered it necessary to issue a tion e!ther to a standing committee or to a special committee. It is proclamation to precede or accompany the employment of such part of the Army as seemed to be necessary. respectful to do so, and so far as the Chair recollects, it is the ordi In case of insurrection against a State government or agafust the ~vernment narymodein reference to such communications. The Chair will listen of the United States, a proclamation is appropriate. But in keeping the peace of to any gentleman who will indicate any instance when a different the United States at an election at which members of Congress are elected, no course of procedure was adopted. such call from the State or proclamation by the President is prescribed by statute or required by precedent. Mr. KASSON. I beg the Chair to allow me to call his attention to In the case of South Carolina, insurrection and domestic violence against the this fact : the proposed resolution would not only create a new com State government were clearly shown, and the application of the governor founded mittee, but it would also give to that special committee powers to thereon was duly presented, and I could not deny his constitutional request with· ont abandoning my duty as the Executive of the National Government. send for persons and papers. It there:(ore would constitute a new The compames stationed in the other States have been employed to secure the committee organization, differing from all the committees now exist better execution of the laws of the United States and to presern the peace of the ing nnder the rules. My point of order is that, even admitting that United States. a motion to refer is in order to-day and may be carried by a majority After tbe election had been had, and where violence was apprehended by which the returns from the counties and precincts might be destroyed, troops. were or vote, it is not in order to do anything foc which the rules do not pro dered to the State of Florida, and those already in Louisiana were ordered to the vide. points in greatest danger of violence. - The SPEAKER. Then the Chair understands the gentleman from 1877. CONGRESSIONAL RECORD-HOUSE. 815 Iowa [Mr. KASSON] to object to that portion of the resolution which ject to that committee, the question would then come before the House proposes to give authority to this select committee to send for per- as laid down in Rule 43, upon the reference of the subject first to a sons and papers. Committee of the Whole Honse, next to a standing committee, and Mr. KASSON. I object to that part of it, and I also raise the point then to the select committee already appointed. that upon Monday no order can be taken except under a suspension The SPEAKER. This message comes before the House by consent of the rules. I agree with the ChaiT that it has often been the case of the Hoose. Role 43 clearly provides that mot.ions for the J..-efer that a messa~e of the President has been referred to one of the or- ence of any matter shall be put in such order as therein stated: first, dinary standmg committees without opposition; and to that no one to the Committee of the Whole House on the state of the Union; would object in this case. · secondly, to the Committee of the Whole House; thirdl:, to a standing The SPEAKER. The Chair would call the attentio:a of the gentle- committee; fourthly, to a select committee. llow, the Chair sustains man to Rule 43: the point of order made by the gentleman from Massachusetts, [Mr. When a resolution shall be offered, or a motion made, to refer any subject, and BANKs,] that to give this committee the right to report at any time different committees s.hall be proposed, the question shaJ.l be taken in the follow- can only be reached by a suspension of the rules. But the Chair inP. order: thinks that it is competent for the Honse without such a suspension The Committee of the Whole Honse on the state of the Union; the Committee to make a reference to a select committee, and to say what shall be of the Whole House; a standing committee; a select committee. the powers of that committee. Mr. KASSON. There is no question about the ordinary mode of Mr. HOAR. I desire to inquire whether the ruling of the Chair procedure in the case of a reference. But this is an extraordinary upon the point raised by the gentleman from Massachusetts does not mode of reference, as the Chair will see by reference to the resolu- embrace also the power to send for persons and papers f Is it not tion. true that neither the power to report at any time nor the power to The SPEAKER. It is not extraordinary, because it is the last mode send for persons and papers can be given except by a suspension of of reference mentioned in the rule to which the Chair has just re- the rules? ferred. But the Chair would like to have any gentleman state if Mr. KASSON. It is in the nature of a special order. during his experience be recollects any procedure different from t.he The SPEAKER. The Chair would state that the point of order one now indicated, in the case of a message. raised by the gentleman from Massachusett-s was simply as to the Mr. KASSON. I recollect no case where a message bas been re- right to report at any time, and that point the Chair sustained. fecyed to a select committee with a.ll these special powers on a Mon- Mr. KASSON. The Chair will remember that I raised the other day, except under a suspension of the rules. As the Chair is aware point as to conferring extra powers. and I think, as far as the Chair can recollect, a President's message The SPEAKER. The Chair understood the gentleman from Iowa is referred to some cemmittee having jurisdiction of the subject in- as making that point, and in deciding it would remark that it has volved in the message, referred in the ordinary way, and without frequently happened in the House that standing committees have, by objection. But this resolution proposes the creation of a new com- a majority vote, been authorized to send for persons and papers. The mittoo, with powers not conferred by the rules on any ordinary stand- Chair therefore thinks it is competent to embrace in this proposition ~ ing committee of the House. Those powers certainly are not with- of reference such a power in regard to a select committee. in any provision of the existing rules. Mr. MONROE. I beg to ask a question for the sake of information. The SPEAKER. Rule 43 clearly provides for a reference, and pro- Does not the resolution or motion before the House include two prop vides that the question shall be :first taken upon referring to a Com- ositions: one for reference and the other to constitute a new commit mittee of the Whole on the state of the Union, then to the Commit- tee to which the matter shall be referred f These two propositions tee of the Whole House, then to a standing committee, and lastly to a are quite distinct. I submit that the ordinary motion of reference select committee. as made in the House under the rules implies the existence oj the Mr. KASSON. If the Chair will permit me-- committee to which it is proposed that the matter shall be referred. The SPEAKER. Certainly. A proposition to constitute a new committee is a different proposi- Mr. KASSON. Ordinary bills introduced into this House for refer- tion altogether. As I understand Rule 43 and as I remember the ence are treated just as messages from the President. We have this ~ practice under it, the different kinds of committees named are sup morning been introducing bills and they have been referred to their posed to be committees already in existence. appropriate committees. The present ruling of the Chair would au- The SPEAKER. A select commitee might not be already in exist- thorize any member when he introduces a bill to move its reference ence. to a select committee, leaving to any other member only the right to Mr. MONROE. Bnt there are select committees in existence, and, call for the question :first upon its reference to a standing committee. according to my recollection of the rule and the practice under it, The SPEAKER. That has been frequently done. the power to refer to a select committee has regard to committees Mr. KASSO.N. Not on Monday. which have already been constituted. But the proposition to consti- The SPEAKER. That choice has been given on Monday in regard tute a new committee is a different thing altogether. A simple mo- to standing committees. tion to refer to a select committee is no doubt in order· bot it must Mr. KASSON. Yes, with regard to standing committees; or if there have reference to a committee already in existence. A proposition be a select committee already appointed it could be referred to that to appoint a new committee, it seems to me, can only be adopted un committee. But this resolution proposes to provide for something der a suspension of the rules. which is not now provided for by the rules. The SPEAKER. The language of the rule is general-" a select Mr. BANKS. A part-of this resolution is clearly not in order now, committee." It is not confined to committees already created. that part which proposes to give to this select committee, if appointed, Mr. MONROE. We have a dozen select committees already, to any the right to report at anytime; that portionof the resolution is cer- one of which the matter may be referred. tainly not in order. I agree with the Chair that it is ~ompetent for The SPEAKER. Under parliamentary rule, a select committee ex the House to order a select committee, if it thinks proper to do so, pires at the end of a session of Congress; the appointment does not bot it is not competent for the House, without a suspension of the run through two sessions, as is the case with other committees, yet rules, to give to any committee leavetoreport aparticularsubjectat it baa been uniformly held that the reference of anymattertoaselect any time, because that would supersede all other business before the committee that has expired has the effect to revive that committee, House. . which is substantially the same as the creation of a new committee. The SPEAKER. The Chair sustains the -point of order that the The Chair rules that the resolution is in order. part of the resolution to which the gentleman refers is not in order. Mr. KASSON. Including the new powers Y Mr. WOOD, of New York. I will modify the resolution by striking Mr. WOOD, of New York. I demand the previous question. out that part. Mr. KASSON. Then I move to suspend the rules for the pUl'pose of Mr. KASSON. And also the part giving these extraordinary pow- adopting the resolution which I.send to the desk. ers to the proposed committee. Mr. WOOD, of New York. I do not yield to the gentleman. Mr. WILSON, of Iowa. Rule 74 tells us what shall be the commit- Mr. KASSON. My motion I submit is, according to the rulings here- tees of the House. And after a select committee has been raised tofore, a privileged one, which has the effect even to take a gentle under a suspension of the rules, and a proposition of reference is man from the floor. brought before the House, Rule 43 indicates in what order the ques- Mr. WOOD, of New York. I have the floor on my motion. The tion shall be taken upon the question of reference. While there may gentleman from Iowa knows better than to suppose that he can take be some doubt whether the resolution of the gentleman from New me from the floor in this way. I have demanded the previous question. York [Mr. WooD] toraiseaselect committee is nowin order, I think The SPEAKER. Thegentlemanirom New York demands the pre there can be no doubt at all that it requires a suspension of the rules vious question. to give to that committee extraordinary powers, suchasthepower to Mr. KASSON. The Speaker has always rn.led that a resolution re send for persons and papers, to give those powers either to a standing qniring a suspension of the rules and a two-thirds vote takes priority committee or to a new committee about to be raised. on Monday over any other proposition, and will even take fmm the The SPEAKER. Does the Chair understand the gentleman to say floor a gentleman who is advocating another proposition. that it is not now in order to move to refer this message to a special Mr. WOOD, of New York. That certainly does not apply to the committee f reference of a President's message, which stands upon privileged Mr. WILSON, of Iowa. I think it would require a suspension of ground. All these questions of order which gentlemen have raisecl the rules at this time to create a special committee. But if a special upon the other side are frivolous, and not appropriate to this partie committee is already in existence, having been authorized under a ular proposition. It haa always been held without dispute that when • suspension of the rules, and it is proposed to refer a particular sub- a President's message is before the House it has the right to make a 816 CONGRESSIONAL RECORD-HOTJSE. JANUARY z2, disposition of that message as a privileged question, upon grounds Mr. KASSON. If the Chair will recollect the facts, he will find on appertaining to the dignity and character of the quarter from which Monday it has been uniformly held that a motion to suspend the rules, it emanates. requiring two-thirds, takes precedence of even a motion to suspend Mr. KASSON. That point I dispute. the rules which requires a majority, as in the case of going into Com Mr. WOOD, of New York. It will be conceded that I would have mittee of the Whole on the state of the Union. the right to move the reference of the communication to the Commit That has been, so far as I know, the uniform ruling for Monday; tee on Milita;ry Affairs. The only difference in this case is that I that these are privileged motions and will take any other motion out move to refer it to a select committee, and if in addition Iproposeto of consjderation of the House. instruct the committee to make specific inquiry as to the facts al Mr. WILSON, of Iowa. Unlessihe House is already acting under a leged, it is clearly an appropriate part of such a motion. suspension of the rules. Mr. HOAR. Mr. Speaker, I differ with some of my friends on the Mr. KASSON. Yes; with that saving clause. republican sitle of the House in regard to one question which has just Mr. WOOD, of New York. There are two difficulties in the way of been raised. I understand that it is within the power of any member my friend from Iowa. The Speaker can dispose of the question of to move to refer anything either to a general committee or to a com order. But I want to set the gentleman right aa to two matters of fact. mittee created for the purpose, and that whenever a motion of refer Where unanimous consent has been ~iven to present a message of the ence is made it is in order for the member making the motion to move President of the United States, pendmg the disposition of that ques for the creation of a select committee to which the subject shall be tion a motion to suspend the rules is clearly out of order. referred. Mr. KASSON. Allow me to answer that before the gentleman But I do not understand that the rule is as stated by the honorable goes to the other point. The answer to that is: No unanimous con gentleman from New York. On the contrary, the President's message sent was given for the introduction of a resolution on the subject. It in the ordinary course of our rules takes its place on the Speaker's was only to lay before the House the President's message; and allow table, and can never be taken up, even to be read-- me to add, at the usual time when the Speaker merely makes such Mr. . WOOD, of New York, rose. announcements to the House pending a motion to adjourn, and when Mr. HOAR. I will answer the gentleman's question in a moment the House is not prepared to expect that laying the communication if he ·will permit me to finish my sentence. And that message can before the House will be followed by a motion for consideration of never be taken up to be read without going to the Speaker's table, anykind- excep~ by unanimous consent, unless the House shall proceed in order :Mr. WOOD, of New York. The gentleman must be aware of the with the consideration of the business on the Speaker's table. The fact that a message from the President of the United States is always statement of Barclay in his Digest is this : disposed of before any other business. All messages from the President are in writing, and are sent to the Honse by his Mr. KASSON. Not necessarily. Private Secretary, or such other person as he may dele~ate, and, as in the case of Mr. WOOD, of New York. And that it is proper and necessary to mess~es from the Senate, are announced at the door by me Doorkeeper and handed to the Speaker, who plru::es them upon his table, to be taken up whenever the Honse, move its reference. under the :fifty-fourth rule, shall go t.o the business thereon. In the case of the Mr. KASSO:N. On the contrary, without unanimous consent the annual message, however, it is usn8Jly taken up, by unanimous consent, as soon as message should have lain on the Speaker's table until at the sugges received. . tion of th_e Speaker or of some member the House agreed to go to the Now, the House consented, by not objecting, to take up this message, consideration of business on the Speaker's table. and it is that point to which I wish to call attention, that i.t is be Mr. WOOD, of New York. But in this case, although the rule re fore the Hou&e for reference ; like any other business before the House quires this business to go to the Speaker's table, and a motion to go for reference, it must give place on Monday to a motion to suspend to bnsi.ness on the Speaker's table calls it up in order, yet, where the the rules. The gentleman from New York, instead of moving its Spea$:er presents these communications by unanimous consent to the reference, might have taken the floor for an hour and he might have House, the rule requiring such a communication to go to the Speaker's been followed by other gentlemen. ·All that proceeding is regulated table is thereby waived; and when it is presented to the House, the by the rule. Of course, if the motion to suspend the rules be voted only question that can come before the Honse is what disposition down, this matter is immediately revived again. The gentleman can be made of it. does not lose the actual advantage of position, becatl'Be here he is Mr. KASSON. It is disposed of when it is still left on the Speaker's with his motion before the House, and the House is to take up his table. motion and deal with it just as soon as the motion to suspend the Mr. WOOD, of New York. I demand the previous question on the rules is out of the way. adopiion of my resolution as modified. The SPEAKER. The Chair desires to state to the gentleman from Mr. KASSON. I first ask the decision of the Chair on the point of Massachusetts that he agrees fully with him as to the effect of the order raised. I will remind the Chair what are the facts. I take the fifty-fourth rule. Before presenting this message, the Chair exam floor to offer a resolution for a suspension of the rules, which requires ined Rule 54, to see whether, under the terms of that rule, this mes a two-thirds vote; and I remind the Chair that he, himself as his pred sage could be reached and read in any other way than by unanimous ecessors have done, has always given preference to that hlnd of mo consent. He stated, therefore, that he asked unanimous consent to tion to suspend the rules, over even a motion to suspend the roles to place before the House a message from the President of the United go into Committee o~ the Whole on appropriation bills. On Monday States. he recognizes, owing to the character of the business of that day, a The gentleman from Massachusetts will remember, too, that special motion to suspend the rules requiring a two-thirds vote in preference orders are made under suspension of the rules. Unanimous consent, to any other motion; as to-day, when the gentleman from Missouri when given, is equivalent, according to various decisions heretofore [Mr. WELLS] sought to suspend the rules to go into Committee of the made, to a suspension of the rules. Whole on an appropriation bill other gentlemen were recognized for Mr. HOAR. No unanimous consent has been given.z except to the motions whiCh required a two-thirds vote, in preference. And such presentation of the message and that it should be reaa.. . ha-s been the uniform ruling. The SPEAKER. The message is before the House therefore, in Mr. GARFIELD. Will the Speaker allow me to call his attention obedience to the unanimous consent of the House. That waived any to page 207 of the Digest, where are stated all the cases in which it is right any member of the House had under Rule 54. not in order on Monday to move to suspend the rules : The Chair desires to read further as to the point raised by the gen It is not in order to move a suspension of the rules while the Honse iB actingun. tleman from Iowa, that he has the right to take the gentleman from der a suspension of the rules, unless connected with the business immediately be. [Mr. fore the House, nor while considering a special order, it having been made under a New York WooD] off the floor by his motion to suspend the sns:Qension of the rules, [uniess connected with the consideration of such special or· rules. That is the point now before the House. The Manual, page der,j nor while the previous question is operating. 207, states many cases when the motion to suspend the rules cannot be made. If the previous question -were seconded and the main ques Now there are three conditions under which it is notinorderonMon tion ordered and the previous question were in operation, it will ap day to move to suspend the rules. None of those three conditions pear that the motion of the gentleman from Iowa could not be enter now exist. We are not acting under a suspension of the rules. We tained. are not acting under upon a special order made so by a suspension of The Chair reads further from the Manual, so the whole case may the rules. We are not under the pendency of the previous question. fully appear: And those are the onlyconditionsnamedin the rules in which it is not It is not in order to move a suspension of the rules while the House is acting un in order to move a suspension of the roles. The gentleman from Iowa der a suspension of the rules-Oongressionat Globe, 2, 27, pages 58l-..14.2; 1, 31, page [Mr. KAssoN] has moved to suspend the rules, and none of those 1225-unless connected with the business immediately before the .House-Journal, three exceptional conditions exist His motion must clearly be in order. 2, 36, page 212-nor while considering a special order, it having been made under a The SPEAKER. The Chair has carefully in the brief time allowed suspensiOn of the rules-Oongressional Globe, 2, 29, pages 401, 439-(unless con nected with the consideration of suoh special order:) nor while the previous ques him considered this subject, and is of opinion that itiscompetentfor tion is operating.-(.Journal, 2, 33, page 564.) the gentleman from Iowa to take off the floor the gentleman from Pending a motion to suspend the rules, so as to take an immediate vote on a propo New York when he makes a motion to suspend the rules for a higher sition, a motion for a recess is not in order.-(Journal, 2, 39, pages 572, 573.) This privilege. But the Chairwillstate tothe gentleman fromNewYork decision of the Speaker was sustained on appeal by the very decisive vote, by yeas and nays, of yea.s 173, nays 4; and would seem to have settled the question that, that the business on which he submitted a motion being introduced pending a sinillar motion, dilatory motions, suoh as had been previously tolerated, into the House, remains as unfinished business till the next session of would not be entertained hereafter. the House, when it cannot be interfered with by a suspension of the Pending a motion to suspend the rules, the Speaker may entertain one motion rnles. tha,t the Honse do now a_djourn; but after the result thereon is announced, he shall not entertain any other dilatory motion till the vote is taken on snspenaion.-(Rule Mr. BANKS. I think the decision of the Chair is right, except in 161.) the phraseology in which it is stated. 1877. CONGRESSIONAL RECORD-HOUSE. 817 The SPEAKER. The Chair will correct his phraseology if the gen ers, of Albany, New York, for relief from burdensome taxation, to tleman from .Massachusetts will point out that it requires correction. the Committee of Ways and .Means. .Mr. BANKS. I desire it to be corrected aa a matter of precedent. By :Mr. BLAIR:·The petition ofT. A. Gleason and 68 others, citi The gentleman from New York has not now the floor. He made his zens of Coruish, New Hampshire, for cheap telegraphy, to the Com motion and bas taken his seat; and that gives the gentleman from mittee on the Post-Office and Post-Roads. Iowa his right as stated, a right to mov~ to suspend the rules. By Mr. BURLEIGH: The p.,.tition of 0. M. and D. W. Nash and 25 Mr. WOOD, of New York. I wish to correct the gentleman from others, of Portland, Maine, for the repeal of the excessive t.ax: imposed Massachusetts in his statement of facts. I have not taken my seat. on national banks. to t.he Committee on Banking :tnd Currency. Th~ SPEAKER. The Chair thinks the gentleman from New York By .Mr. CALDWELL, of Tennessee: The petition of citizens of yielded nothing. Tennessee, for cheap telegraphy, to the Committee on the Post-Office Mr. BANKS. The gentleman from New York certainly took his seat. and Post-Roads. At any rate, whenever the Chair submitted the motion the motion to By :Mr. CUTLER: Protest of citizens of Hawthorne, New Jersey, suspend the rules was in order. against the assumption by the President of the Senate of the power The SPEAKER. The Chair so rules on Monday. of counting the electoral vote, to the committee on counting the elect Mr. KASSON. In order that the Chair may not misunderstand the oral vote. history of this matter, I will state that I rose immediately upon hear Also, the petition of ,V, W. James,J. :M. Barker, and other citiz~ns, ing the resolution read for information and objected to its introduction, of Bristol, Tennessee, for a commission of inquiry concerning the and then the point of order was made by the gentleman from Massa alcoholic liquor traffic, to the Committee of \Vays and Means. chusetts, [Mr. BA.J.~KS.] The Chairsustained tbepointof order raised By Mr. CRAPO: Tb.e petition of Benjamin Reiply, for the payment by the gentleman from Massachusetts, and I was not aware that the of awards made in his favor by the United States and Mexican mixed resolution had been re-introduced as amended. claims commission, to the Committee on Foreign Affairs. The SPEAKER. The chair sustained that point of order, and then By Mr. FINLEY: The petition of citizens of Saint Augustine, the gentleman from New York [Mr. Woon] withdrew that part of Florida., for an appropriation for cleaning out the harbor at Saint the reso1ution. Augustine, and for the construction of a mole or wharf for the use of Mr. KASSON. It was not offered again, to my knowledge, but if the Government, to the Committee on Commerce. it is pendiug, then I will offer the resolution under my right. By Mr. FREEMAN: The petition of Barbara Arrison, that the act Mr. COX. I wish t.o inquire whether, if the House adjourns now, of February 14, 1871, grantiug pensions to the soldiers of the war of this matter will come up to-morrow as unfinished business t 1812, or their widows, be extended so as to include the widows of all The SPEAKER. The Chair thinks it would. the soldiers of said war regardless of the date of marriage, to the :Mr. WILSON, of Iowa. Not unless the previous question is sus Committee on Invalid Pensions. tained upon it. By Mr. GOODIN: The petition of citizens of Kansas, for the enforce Mr. HALE. How could it be, unless the previous question was ment of the act of July 24, 1866, by appropriate legislation, to the sustained upon itt Committee on the Post-Office and Post-Roads. Mr. GARFillLD. It will come up as unfinished business on Monday By Mr. HENKLE: The petition of William L. Riley, for compensa next. tion for work done on the grounds of the Smithsonian Institution, to The SPEAKER. In reference to the points suggested by the gen the Committee on Appropriations. tleman from Iowa, the Chair desires to read under the head of "Un Also the petition of 2,580 citizens of the District of Columbia, for finished Business" upon page 227 of the Digest: tbe passage of au act continuing the public schools of the District of Tho consideration of tho unfinished business in which tho Honse may be engaged Columbia for the fu U scholastic year of ten months, to the Com!llittee at an adjournment shall be resnmed as soon as tho Journal of the next day is read, for the District of Columbia. and at tho same time each day thereafter nntil disposed of; and if, from any cause, By Mr. KIDDER: The petition of E. S. Wenckebach, late captain other business shall intervene, it shall he resumed as soon as such other business is disposed of. And tho consideration of all other unfinished business shall be re Twenty-second Infantry, United States Army, to be restored to his sumed whenever tho class of busin688 to which it belongs shall be in order nnder rank and position in the Army, to the Committee on Military Affairs. tho rules. By Mr. KIMBALL: Memorial of Constantine Connerwaif, of Green Now the Chair rules that it was competent for the gentleman on Bay, Wiscon"sin, for compensation for- military services rendered the to-day to make a motion of a higher privilege, and that is to suspend government of .Mexico, to the Committee of Claims. the rules by a two-thirds vote, but as soon as that motion was disposed Also, the petition of D. R. Bean and 54 citizens of Wisconsin, for of then this matter comes up as the unfinished business immediately cheap telegraphy, to the Committee on the Post-Office and Post after tllat motion is disposed of. Roads. Mr. WILSON, of Iowa. I do not desire to impeach that, but I Also, the petition of D. W. Woodward and 48 citizens of Wiscon would call the attention of the Chair to the last clause of the para sin, of similar import, to the same committee. graph which he has just read: By Mr. LUTTRELL : The petition of Phineas Banning and others, of Los Angeles, California, for the passage of the bill (S. No. 805) relat And tho consideration of all other unfinished business shall be resumed when ing to indemnity lands, to the Committee on Pub1ic Lands. ever tho class of business to which it belongs sba.ll be in order under tho rulos. Rule 56. Also, the petition of A. W. Potts and others, of Los Angeles, Cali fornia, exposing an alleged attempt at fraudou members of Congress The SPEAKER. The gentleman from Iowa. will see that under for the purpose of defeating Senate bill No. 805 and House bill No. such construction of the rule as he indicates there never could or would 3664, and asking for the passaj:!;e of smd bills, to the same committee. be any reference made or disposition made of this executive message. By Mr. MACKEY: The petition of citizens of Renovo., Clinton A motion of higher privilege having been exhausted, which was to County, Pennsy1vania, for an amicable adjustment of all qnestious suspend the rules on Monday, then the gentleman from New York wa-s arising from the late presidential election, to the committee on count recognized in his right to move the previous question. · ing the electoral vote . .Mr. WILSON, of Iowa. Yes, if somebody else does not also move By Mr. MILLER: The petition of citizens of Hancock, Delaware to sn pend the mles. County, New York, and of citizens of Susqnehanna Connty, Penm~yl The SPEAKER. The Chair has already stated that it is in the vania, that the law be so amended as to allow pensioners to receive power of members by continuously making motions to suspend the in all cases pensions from the date of discharge, to tha Committee on rules to keep the gentleman off the floor on to-day, but that this will Invalid Pensions. come up as unfinished business then, and the Chair is bound to recog By 1\fr. MONROE: The petition of H. S. Deisem and 16 other citi nize the gentleman from New York to demand the previous question. zens of Ohio, of similar import, to the same committee. OtherwisA the business before the House, which in this case is the Also, the petition of Hon. E. N. Sill and 29 other citizens of Sum President's message, would never have any reference, which would he mit County, Ohio, for the removal of the ta.x upon deposit , cir ·nln. disrespectful and contrary to practice. tion, and capital of banks, to the Committee ou Banking and Cur .Mr. KASSON. I offer the resolution as reported by the J ndiciary rency. Commi~tee through its chairman. By Mr. O'BRIEN: The petition of John T. Pickett and Joseph J. Mr. COX. Is it iu order to move to adjoum now f Stewart, attorney for the heirs of James H. Causten and others, that The SPEAKER. It is. . the unappropriated balance of the Geneva award be devoted to the Mr. COX. Then I make that motion. payment of the French spoliation claims, to the Committee on the The motion was agreed to. Judiciary. And accordingly (at four o'clor.k and ten minutes p.m.) the House By Mr. PAYNE: The petition of the officers of the Ohio National adjourned. Bank of Cleveland, Ohio, for relief from excessive taxation, to the Committee on Banking and Currency. By Mr. POTTER: The petition of Albert Armes and 32 citizens of PETITIONS, ETC. Kendall, Michigan, for the purchase and control by_the Government The following petitions, &c., were presented at the Clerk's desk of all telegraph lines in the United States, to the Committee on the under the rule, and referred as stated: Post-Office anu Post-roads. By the SPEAKER: Resolutions of the Board of Trade of Chicago, By Mr. JOHN'" REILLY: The petition of citizens of B,edford County, communicatell by telegr~ph, indorsing the report of the joint com Pennsylvania, of similar import, to the s~me oQmmit~ee. · mittee on counting the eleotor~l vote, to the joint committee on By Mr. RUS~: The petition of e\tizeus of Jackson County, Wis counting tho electoral vote for President and Vice-President. consin, of similar impmt, to the same committM. By Mr. ADAMS; Tlw petition. of c: P. Williams aud otb.ets, ban~ .. :By M.t:. S.E~LY.E; The petition of. Clemeua Grove church, ~farsha~ V----{}2 818 CONGRESSIONAL RECORD-SENATE. 1 JANUARY 23, County, Iowa, for a commission of inquiry concerning the alcoholic terday, Janua1·y 22, 1877, at which were introduced a preamble and liquor traffic, to the C6mmittee of Ways and Means. resolutions by Ex-Lieutenant-Governor E. 0. Stanard, of that State, Also, the petition of the Massachusetts Medical Society, for an ap and which passed the meeting with but one dissenting voice. The propriation to print the new catalogue of the libmry of the Surgeon Merchants' Exchange of Saint J.-ouis is composed of over two thou General's Office, to the Committee on the Public Printing. sand members, embracing in thu.t membership men of capital, men By Mr. SlNNICKSON: The petition of William Orr and other citi of intelligence, men of patriotism and devotion to their country, · zens of New Jersey, tor cheap telegraphy, to the Committee on the men who control the commercial interests of the great Mississippi Post-Office anfl Post-Roads. Valley, men who belong to all the different political organizations By Mr. SLEMONS: The petition of J. W. Barnett and other citi known in our conntry. I will read the preamble an•l resolutions: .zons of Arkansas~ of similar import, to the same committee. Wherea.q the Merchants Exchange of Saint Louis, an organization for strictly By Mr. VANCE, of North Carolina: The petition of J. U. Stepp QOmmercial purposes, E'mbracing a. membershlp of nearly two thoosancl. enga~ed in nearly all the commercial and trnancial pursuits of this trade center, ha.ve v1ewed and other mtizens of North Carolina, of similar import, to tho same with solicitude and alarm the recent political complications of the country and felt committee. their disastrous effects on her commerce and on that of our city; Also, a leUe1· from the Commissioner of Pensions, concerning the And whereas we rejoice at the results of 1he deliberations of the joint commit tee of the Senate and House of Representatives, and believe the plan reported by ' petition of Dovey Pace for arrears of pension, to the Committee on them t() be the best available one for the solution of our presidential complications: l'nvalid Pensions. Therefore, By Mr. WALSH: The petition of Conrad Dalfer and other soldiers Be t".t resolved, That we approve of the provisions of the bill reported to Congress of the late war, to change the law so as to allow pensioners to receive by said joint committee and urge upon our Senators and Members of the House of pensions from the date of their di charge, to the same committee. Representatives a hearty support of the same. By Mr. WIGGINTON: The petition of A. J. Gillette and 62 others, I move that the memoriallio upon the table. for a post-route to connect the China post-office on route 46136 with The motion was agreed to. the Temeseal post-office, San Bernardino County, California, to the Mr. BURNSIDE presented the petition of J. B. Taylor, D. ,V, Kelsey, Committee on the Post-Office and Post-Roads. and other citizens of Manlius, Onondaga County, New York1 prayiu~ Llso, the petition of F. M. Stone and 110 others, for a post-route for a general law to prohibit the liquor traffic within the national from Soledad via Peach Tree and Slacks Cafion to Imusdale, Mon domain; which was referred to the Committee on Finance. terey County, California., to the same committee. Ur. RANDOLPH. I present thirteen petitions of citizens of New By lli. WILSHIRE: The petition of William A. Britton, of Arkan Jersey, praying for the passage of some bill by which the present presi sas, to be paid $2,000.74 compensation for repairs made by him while dential contest shall be justly n.nd promptly decided. I may say with United States marshal, uvon a building used as a jail by the United reference to these petitioners that they consist of members of both po States authorities, to the Committee on the Judiciary. litical parties; that they represent all the interests that New Jersey has; that they are citizens of high standing, and that their prayer should be promptly and reasonably considered. I move that the peti tions lie upon the table. The motion was agreed to. IN SENATE. 1\Ir. ALCORN presented a memorial of the executive committee of the Mexican war veterans of the State of Mis issippi in favor of the TuEsDAY, January 23, 1877. pastmge of a law granting pensions to the soldiers of the Mexican war to date from the time of their enlistment; which was referred Prayer by the Chaplain, Rev. BYRON SUNDERLAJ.~, D. D. the Committee on Pensions. The Journal of yesterday's proceedings wa~ 1·ead and approved. to Mr. WINDO.M presented a petition of citizens of :Minnesota, pray HOUSE BILLS REFERRED. ing that the telegraphic business may be transferred to the superin The bill (H. R. No. 820) for the relief of the mission of Saint James, tendence of the Post-Office Department and for cheaper telegraphic in Washington Territory, was read twice by its title, and referred to facilities; which was referred to the Committee on Post-Offices and Post-Roads. the Committee on Public Lands. • l\!r. WAD LEIGH presented the petition of Osborn Stanley, Pleas The following bill~:~ from the House of Representatives were sever ally read twice by their titles, and referred to the Committee on the ant Coppock, and other citizens of Ohio, praying for the prcbibition Judiciary: of the manufacture antl sale of alcoholic liquors in the District of A bill (H. R. No. 4475) removing the political disabilities of Joel S. Columbia and the Territories; which was referred to the Committee Kennard, of Savannah, Georgia; and · on Finance. A bill (H. R. No. 4476) to provide for the appointment of an official Mr. KERNAN presented the petition of William and William H. short-hand reporter for the United States courts in and for the dis Lewis, praying for an extension of their letters-patent for photo-, trict of California. graphic plate-holder; which wasre~rred to the Committee on Patents. Mr. INGALLS presented the petition of H. M. Metcalf, Thomas EXECUTIVE COMMUNICATION. Prunty, W. Rucker, and numerous other citizens of Nemaha County, The PRESIDENT pro tempo1·e laid before the Senate a letter of the Kansas, praying for the· passa.ge of a law to enforce the provisions of Secretary of the Treasury, inviting attention to the terms of the act the act of Congress of July !M, 1866, relating to the purchase by the approved :March 3, 1875, and recommending an appropriation of money Government of all the telegraph lines, property, and effects of any in lieu of bonds to be paid to Captain J. B. Eads, on account of the and all companies acting under the provisions of said a-ct; which was construction of jetties, &c., to maintain the channel between the referred to the Committee on Post-Offices and Post-Roads. South Pass of the Mississippi River and the Gulf of Mexico; which Mr. EDMUNDS presented the petition of Clara Lyon Peters, Han was referred to the Committee on Appropriations, and ordered to be nah Coffee, L. F. Sawyer, and others-240 men and 339 women-579 printed. citizens of the State of illinois, praying for a sixteenth amendment PETITIO~S AND MEMORIALS. to the Constitution of the United States prohibiting the several States from disfranchising United States citizens on account of sex; which The PRESIDENT 111'0 tempore presented a petition of H. Luhre and was referred to the Committee on Privileges and Elections. . 25 other citiz-ens of Lavernia, Texas, praying that telegraphic busi ness be transferred to the superintendence of the Post-Office Depart REPORTS OF COMMIITEES. ment and for cheaper telegraphic facilities; which was referred to the Mr. SPENCER, from the Committee on Military Affairs, to whom Committee on Post-Offices and Post-Roads. was referred the bill (H. R. No. 4258) to provide for . the payment for Mr. PADDOCK presented a petition of citizens of Fremont, Ne certain improvements on lands now embraced in the military reser braska, praying ~or the repeal of the law imposing a tax on the de vation of Fort Cameron in the Territory of Utah, submitted an ad posits, circulation, and capital of banks; which was referred to the verse report thereon; which was ordered to be printed, 8nd the bill Committee on Finance. was postponed indefinitely. Mr. WITHERS presented the petition of Mrs. Jane DuJany, widow He also, from the same committee, to whom was referred the peti-. of the late Colonel William Dulany, pr&.ying to be allowed arrears of tion of Leopold Kaspeles, late of Company E, Fifty-seventh Regiment pension; which was referred to the Committee on Pensions. Massachusetts Volunteers, praying for the passage of a law granting Mr. WALLACE presented a memorial of A. E. Borie, John Welsh, him a balance of bounty claimed to be due him upon his diseharge John C. Bullitt, and other leading citizens of Philadelphia, without from the United States service, submitted an adverse report thereon; distinction of party, praying for the passage of the electoral-count which was ordered to be printed, and the committee discharged from bill; which was orclerecl to Jie on the table. the further consideration of the petition. He also presented tho petition of George Shiras,jr.,John H. Shoen He also, from tho same committee, to whom was referred the bill barger, John n. Guthrie, Maleolm Ha.y, Thomasl\L Marshall, and other (H. R. No. 2603) for the relief of Catherine Harris, reported it without Jeading citizens of Pittsburgh, Pennsylvania, without distinction of amendment and submitted a report thereon; which was ordered to be party, praying for the passage of the electoral-count bill; which was printed. i ordered to lie on the table. He also, from the snme committee, to whom was referred the peti Ho also presented the petition of leading citizens of Wyoming tion of Peter P. G. Hall, of Pennsylvania, paymaster of the United • County, Pennsylvania, praying for an amicable adjustment of presi States Army, praying that he may be refnnded money he was obliged dential difficulties: which was ordered to lie on the table. to pay in consequence of the embezzlement of a clerk, submitted a Mr. C.OCKRELL. I bold in my hand the proceedings of a moot report thereon accompanied by a blll (S. No. 1175) gr~nting relief ttl ing of th.:: _.Merchants' E:x.clfange Q·f th~ city of Sa.int Louis, held yea. Major P. P. G. Hall, a paymaster of the United St:ttes Army.