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Mr. Marvin as a Senator veertig tera-1 object to another sein in w take a seat is de lewe in die desired that this question shumti bering to be Committee on the screenshots apos; but the Senate brate lesz ezt do that, and therefore I have some print, withont argaing it
I will conclude by saying that has to who has been elected a Senazas ida, is a gentleman of high imam high qualificatious for the panica titfore and during the whole meado ofesored friend to the Center Chios, giving no a.d. Coudlebaze des in any manner whatever to the relating bipseifacting as the judge of the sto of the United Stales a les sis pie the time, and therefore there can be ya tion on the score of bis not been ited to take the office or tablet ottice which is required by law.
Mr. WILLIAMS. I sholm or Senator a qurstion. He says that mea
never been out of tbe Color by terds that it ever has been cadas but this is a question of repeat
bould like to ask him if he body ay with a confederate State goreng ut till tv representation in lupa!
Mr. DUVLITTLE. Wbile Finan ma: the control of the confederate in ry be impossible for Florida :obbies
ther for a member of the Hearts hor of the Senate: bar in AS, ENT halalf after the war was Ofer. A hoe been proe'aimed, and ('oneret ***
recognized the fact that per a per ibe the Legislature of Florida
, the sam in a peaceful condition, an A**
the person to whom I hareminis eru lentials I have presented the eyes
Vr. WILLIAMS. I to nie Ling Senator to have answered the Gren!
I propounded. He says itaso
for Fiorida during the rele'lsa les confederate State government ) :ch tin. It was not physica:) ppm.
3 could bare elected Senators in *** on tives under that confederate se potent 'n and the question is, woall the light Representatives
, if elected, bare at ibat time to admission is in huishould like to have the depuis 13 il pieases, a categorical answer 1. eta
Mr. DOOLITTLE. I dare rez tor the answer to the question
, 198 of ida precisely as it would be in this
Mr. HOWE. And if that Legislature met the theory upon which he proceeds. I do not that time who could be admitted to the House, to pass laws, could not that Legislature choose know whether he was one of the Senators, || for they were not in a condition to elect. SupSenators in spite of the war? Will my col. almost the entire body, who voted at one time pose they had captured two or three or four league answer?
that Florida had not a right to be represented districts of the State of Maine, it could not preMr. DOOLITTLE. My colleague is putting in the Electoral College?
vent the other districts from electing a member a case which of course it is impossible to sup Mr. DOOLITTLE. While the insurrection of the House, and the House is to judge whether pose could exist.
The confederate assembly was going on. It was impossible for Florida ll the election has taken place fairly or unfairly; met, making war on the United States. Is it to elect electors while a war was going on. So whether the people have had a fair opportunity supposable that they could elect or would elect it would be in Rhode Island if there were a to elect and have elected. The House will Senators in Congress? rebellion there.
judge for itself. The Senate will not judge for Mr. CONNESS. If they did what?
Mr. ANTHONY. I do not understand that the House, nor the House for the Senate.
The PRESIDENT pro tempore. The quesMr. DOOLITTLE. I will ask him another Mr. DOOLITTLE. Before this election in tion is, Shall the Senator-elect from Florida question. If under the Constitution Florida Florida took place Congress had by law recog: now be permitted to take the oath with a view was a State in this 'Union was she not entitled nized the proclamation of the President which to adinission to his seat in the Senate of the to two Senators in this body?
proclaimed that the war had ceased and the United States ? Mr. HOWE. While she was a State in the rebellion was suppressed. Congress by law
Mr. DRAKE. I wish to make another effort Union she was.
had recognized that fact before this election to send this supposed resolution of the Legis, Mr. DOOLITTLE. Very well. took place.
lature of Florida ratifying the constitutional Mr. HOWE. But to be a State in the Union, Mr. ANTHONY. But I understand that amendment to the Committee on the Judiciary: wbich entitles her to two Senators, it was neces Congress resolved, and I think my friend from I do not exactly know whether a motion of sary for her to have a government which could Wisconsin voted with the great body of the
that kind is in order at this moment or not. elect the Senators; and I have been trying to Senate-I think the Senator from Kentucky Mr. EDMUNDS. Certainly it is. get my colleague to say whether during the [Mr. Davis) and two others were the only ones Mr. DRAKE. The Senator from Vermont war she had such a government or not. He who voted in the negative-that Florida had no says certainly it is." All I want is that we says she could not elect because of the war; right under existing circumstances to repre shall delay action upon the credentials of the and the Senator from Oregon says that did sentation in the Electoral College, and Con Senator from Florida until we have & report not make it physically impossible, and my gress has not yet voted that it has the right to upon this supposed ratification. That is what colleague repeated that it made it impossible. be represented ; and I take it that the repre I wish to get at; but I do not know exactly I asked him to confess whether Florida did or sentation in the Electoral College depends pre:
how to do it unless it be to make a double did not have a Legislature which met to enact | cisely upon the same principle that should motion to lay the credentials of the Senator laws? He says yes. I asked if when they met govern representation in the two Houses of from Florida on the table and to refer the resto enact laws they could not have gone through | Congress. Therefore, it seems to me, if Con olution of the Legislature of Florida to the the form of choosing Senators. He seems to gress has a right to affirm the disability, it de Judiciary Committee. think that possibly they might; but he says pends upon Congress to say when the disability Mr. EDMUNDS. A simple motion to refer if they did choose Senators the Senate could
would take them both there. take care of itself and reject them. But what Mr. DOOLITTLE. I agree with the Senator Mr. DRAKE. That motion has already right has the Senate to reject them if the Legis- that while the war was going on in 1864 Con been put and negatived. lature have a right to choose them and do gress passed a joint resolution in which they Mr. EDMUNDS. But after debate you can choose them? Can the Senate reject repre. declared that the electors chosen for President move to refer again at any time. sentatives from States which have a right to and Vice President in the States where the Mr. DRAKE. If it is in order, I make that elect and which do elect?
insurrection was going on should not he counted motion, to lay the credentials of the Senator Mr. DOOLITTLE. I think the Senate has in the Electoral College. They said substan. from Florida on the table, and to refer the resshown that it has the right and the power to tially that in those insurrectionary States; but olution of the Legislature of Florida to the keep men out of this body for treason, or to it only applied to that single time, and since Judiciary Committee. expel them for treason. The Senate certainly that time the proclamation of peace and the The PRESIDENT pro tempore. Those are has exercised that power to expel or prevent passage of a law by Congress recognizing the two separate motions. men from coming into this body when they | proclamation of peace occurred before this
Mr. DRAKE. There are two separate papers, were elected from States that had never been election of Mr. Marvin in Florida.
and we must deal with them, it seems, separin the rebelliou ; and it would be most extraor Mr. ANTHONY. The Senator will allow ately. They are both presented in support of dinary if the Senate could not expel or keep me to say that he does not meet my question. the claim of the gentleman to be admitted as a out persons from States that were in actual His argument is that the time had come when Senator on the Hoor. Now, the question is war against the Government of the United Congress ought to declare this disability had whether I can make a motion that relates to States. I admit that when the State was in ceased; but Congress, I presume, is to judge | both of the papers or a separate motion for actual war against the Government of the Uni of that time for itself; and although it may be ted States, and the Legislature was at war with true that Congress ought to have declared that The PRESIDENT pro tempore. There is us, and their troops were at war, if it were not Florida was entitled to representation before, no doubt the Senator can move to lay either physically impossible that they should enter yet inasmuch as Congress did not so declare, or both on the table, into an election of Senators to this body, it | if the first affirmation of disability was valid Mr. DRAKE. Then, for the purpose of would be, in my judgment, morally impossible is it not necessary that Congress should remove getting at an authoritative expression on the that they should attempt to do it; and, in the that disability before Florida is entitled to part of the Senate by its Judiciary Committee second place, if they did attempt to do it, as a representation? I wish to know what is the as to whether this constitutional amendment matter of course it would be morally impossi- || theory of the Senator upon that point, and I has been ratified, and with a view to send that ble to suppose that the Senate would permit do not ask in any captious spirit.
resolution of the Legislature of Florida to that men in arms against the Government to come Mr. DOOLITTLE. I will state to the Sen committee, I move, in the first instance, to in here and take places in the Senate. ator in a single word that my theory is pre lay the credentials of the Senator from Florida
But, sir, the point I make is this: in 1866, cisely this: each House has a perfect right to on the table.
tion to a district represented in the House of Mr. CORBETT. Then, if the Senator from
Take the case of the State of my honorable mittee.
Mr. CORBETT. I voted against the refertious spirit, a question of the Senator from congressional district in that State in 1812. ence of this question to the Judiciary ComanitWisconsin, ( Mr. DOOLITTLE.] I wish to know They could not elect a member of Congress at ll tee, but I think the points made by the Senator
was an insurrection ibere. It terza un insurrection raging in florida E
hoid an election. If there was » raging in the State of Maire
, of State of Maine was captured, as s**
British forces, you could not be liste
Vy or a long discussion.
Hr. HOWE. Will my commons' to ask him a question?
Mr. DOOLITTLE. I bare De open & question
Wr. HOWE. The questione e he Florida did not hare a Legiscose be annually during the years of the rest her and passed laws.
Mr. DOOLITTLE. Florida torte
war with the confederate your ise Government of the United Naastai
by the war was orer. Sensin jo set the point I make at all
. There manier Isit. Peace bad been pre 4:34
was proclaimed. There was no and no interruption of a3e lar.
Mr. HOWE. I asked pereket
to do it. Soolmsh be wild Les question is, Did not Fiorida series
en ture which zne: annual is to pulos bois atert rear of the war
IMOLUTLE. I surpezarianten
from Missouri are well taken, and therefore The PRESIDENT pro tempore. There is there are many Senators here who do not shall now support his motion to refer to the no privileged motion here. Neither of those desire to vote against allowing the Senator Judiciary Committee. motions has a privilege over the other.
from Florida to take the oath, 1, for one, do My own impression is that perhaps the Mr. CONNESS. I understand that.
not. But I desire to refer this matter to the setting out of the adoption of the thirteenth The PRESIDENT pro tempore. They are Judiciary Committee. It can there be exam. and fourteenth amendinents sufficiently de entirely independent motions, and the first ined, and the Senator-elect can be admitted scribes them ; but certain important errors made must be disposed of first. The question to-morrow. It is merely a form. have crept into the copy of the fourteenth now is, Shall the Senator-elect from Florida be Mr. FRELINGHUYSEN. We have oeeramendment in that resolution, and I desire the admitted to take the oaths and take his seat? | pied so much time on this matter that I hope opinion of the Judiciary Committee, not only || The Senator from Rhode Island moves that that we shall conclude it now if it takes all day. on this case, but for future cases that may motion be referred to the Committee on the As to referring it to the Judiciary Committee, arise. I think that errors may be found here- || Judiciary. I can hardly think that that is in there is no reason given for it. When I was after in the constitutional amendment as order, because you never could get a decision up a few minutes ago, I said I had no doubt adopted by other States, and as a precedent I
in that way.
Motion after motion might be that if we examined the ratifications by other desire to have this referred to the Judiciary put, and the last one would have to go to a States there would be found the same inaccus Committee. I therefore move to reconsider committee. I know of no case where motions | racies. I have examined the ratification of the vote by which the Senate refused to refer of that kind have been referred, and I think I four States, Pennsylvania, New York, Wiscon. the credentials to the Committee on the Judi can see great difficulty in establishing such a sin, and Michigan, and there are inaccuracies ciary. rule.
in those four; and I presume if I went on and Mr. CONNESS. Upon that motion I make Mr. DRAKE. I now renew my motion to made the examination I should find like inac the question of order that the motion is not in lay the credentials of the Senator from Florida curacies in each certificate. order, because there is a pending motion that on the table.
Mr. EDMUNDS. Material ones? the Senator-elect be admitted to take the oath,
Mr. ANTHONY. Will the Senator with Mr. FRELINGHUYSEN. Some of them which is a motion of superior privilege because draw that for a moment? I certainly do not material. The reason that I object to this first made. And upon that motion, also, I mean to differ from the Chair but with great going to the Judiciary Committee is that I wish to say that it is competent for the Senate | respect ; but I understand that every motion | am opposed to the Congress of the United to settle this whole question. If there be a may be, on the demand of the Chair or of any States making their fundamental law to rest majority of the Senate in favor of his taking || Senator, reduced to writing. Suppose this upon the accuracy or inaccuracy in these the oath there is a majority against a reference. motion, that the Senator be admitted to take minor particulars of the copy of a resolution. I make the question of order.
the oath, be reduced to writing ; then is it not In the ratification of the State of Wisconsin, in Mr. HENDRICKS. If the motion to re in order to refer that to the Committee on the one sentence, there are four or five errors. consider prevails, then the motion to allow the | Judiciary? I do not desire to make that Mr. EDMUNDS. Point out one or two of oath to be administered will go with the cre motion. I much prefer that the other motion them. dentials to the committee.
made by the Senator from Oregon shall be put, Mr. FRELINGHUYSEN. I will read ono Mr. CONNESS. It will not.
which will fairly test the sense of the Senate. sentence : Mr. HENDRICKS. The Senator from Cal. The Senate have decided not to refer this ques. "But whenever the right to rote at any election ifornia is unusually positive. If he decided tion to the Judiciary Committee. Since that for electors of President and Vice President." that alone, it would be settled ; but as I think decision there have been other and, it seems to I ask the Senator from Illinois to be good it is competent for the Senate to send to a me, pretty important reasons why it should be enough to read from the statutes. committee a motion as well as a paper, that done brought before the Senate; and I think Mr. TRUMBULL. The resolution, as it motion can go with the paper, and ought to go it would be fair if my friend from California reads in the statutes, is : there. I submit to Senators, although they would allow that question to be put. But if "But when the right to vote at any election for may be convinced that there is nothing wrong he will not allow that to be put, I respectfully the choice of electors.' in the credentials, nothing wrong in the ratifi submit to the Chair if I bave not the right to The words "the choice of" are left out in cation of the amendment, that they are all right, || demand that the motion that is inade be | the Wisconsin certificate. Then in the statthere is no delay by this motion. We have reduced to writing, and when reduced to writing, utes it proceeds: spert more time this morning about it than if I have not a right to move that it be referred * For President and Vice President of the United would have been spent in the whole business to the Committee on the Judiciary? That is a | States." if it had been referred to the Judiciary Com. course I do not wish to take, because I think Mr. FRELINGHUYSEN. In this it reads mittee. The committee meets to morrow in the other course the most natural and more in "of President and Vice President." The the regular course of its business, and I submit, accordance with the good-natured way in wbich words “ of the United States" are left out. to facilitate the business of the Senate, this we transact business here.
Mr. TRUMBULL. And the word “for," motion had better prevail.
Mr. CONNESS. My position is ibis: re before “President,"' in the resolution is "of," Mr. CONNESS. I propose that we proceed | ducing a motion to writing gives it no extra as it is copied there. in order. I make the question of order and validity. A motion orally made is substantially Mr. FRELINGHUYSEN. "Or for United ask the decision of the Chair.
the same as if it were reduced to writing, and States Representatives in Congress." The PRESIDENT pro tempore. The Chair || there is no privilege, by being reduced to writing, Mr. TRUMBULL. Instead of " for United understands that. There is a motion pending, l existing on the part of the Senator to refer it. States Representatives in Congress,” the act the motion of the Senator from Wisconsin, | It is the privilege of the Senate when a motion
says Representatives in Congress." (Mr. Howe,] to permit this gentleman to take is made to vote upon that motion; and the Sen Mr. FRELINGHUYSEN. ** Executive or the oaths, on which the yeas and nays have , ator must see that if a majority of this body | judicial officers.'' been called, and which must be disposed of are in favor of applying the oath, that decides Mr. TRUMBULL. "Executive and judi. before another independent motion can be put. the whole question. Why are not gentlemen cial officers of a State." One has no precedence over the other.
content to take that decision and let us vote? Mr. FRELINGHUYSEN. And so you Mr. ANTHONY. I understood the Senator Mr. CORBETT. I am as anxious for the might go through all of them. from Oregon to more to reter that motion to admission of Florida as any other Senator on Mr. EDMUNDS. All those mean precisely the Committee on the Judiciary. That cer the floor; and I have no doubt that if the Sen- || the same thing on the face of it. tainly I presume to be in order.
ator from California will withdraw this objec. Mr. FRELINGHUYSEN. In the ratifica. The PRESIDENT pro tempore. The motion tion and allow us to test the question of recon. tion of the State of Pennsylvania instead of of the Senator from Oregon was to reconsider | sidering the vote on the motion to refer these its being "the laws" it is the law;" and the vote by which the Senate refused to refer the papers to the Committee on the Judiciary we that of the State of New York has two or three credentials to the Committee on the Judiciary. | sball sooner dispose of the question. If he inaccuracies.
Mr. ANTHONY. I move, if that motion is does not I shall be obliged to vote against the The PRESIDENT pro tempore. The ques. not pending, that this motion be referred to the admission of the Senator from Florida until tion of order is made and it ought to be decided. Committee on the Judiciary. I prefer to have they are referred. It seems to me it is import The Chair has already stated that in bis opin. the motion of the Senator from Oregon to ant as a precedent for the future that these ion a motion to refer another motion is not in reconsider; I think that is the better way to papers should be referred to the Committee on order. It takes nothing with it in this case. take the sense of the Senate ; but if we are the Judiciary, as these errors clearly show that There are many motions that may be made put upon parliamentary tactics we will take there may be errors hereafter committed in the that can be referred because they take some advantage of them ; that is all. Mr. CONNESS. I make the question of adjudged by the Judiciary Committee. I hope erated upon and decided by the committee
. order that when a motion is made which is a
my friend from California will withdraw his But here is a motion to admit this Senator to privileged question--that is, which has the objection. privilege of being put-it cannot be disposed Mr. CONNESS. Why will not the Senator
take the oath. A motion to refer that motion of by another motion to refer the preceding from Oregon permit the question to be taken? nothing for the committee to consider ; and
to a committee takes nothing with it; there is motion to a committee. If it can then we can If a majority of the Senate refuse to have the | therefore, and because of its inconvenience
, do no business at all. oath administered, then his motion can be put.
the Chair believes it not to be in order ; that Mr. ANTHONY. I agree to that fully. Mr. CONNESS. I ask the Chair to decide. ministering the oath, certainly they ought to | think that is a wrong decision, and probabrie
it would establish a bad rule. If Senators Mr. ANTHONY. I will not interrupt the be permitted to do so. Chair certainly.
Ńr. CORBETT. For the very reason that ll question.'
may be, they will take an appeal and settle the
tha Co Pri be de
rt, The Chair has already sealed that
1 there are roany Senators bere edhe bay e desire to vote against allowing the page
from Florida to take the cath. Ihre
. It can then ben Et ined, and the Senator-eleet can be seen
to-morrow. It is merely a forn.
Mr. FRELINGHUYSEN. Feber ?' pied so much time on this master the line at we shall conclude it nou il it takesvi Be As to referring it to the Judiciary Con In there is no reason given for it. This up a few minutes ago
, I said I beline be that if we examined the ratifications
& States there would be fome the same ti neracies. I have examined the parties
I four States, Pennsylvania, New Beeth as sin, and Michigan, and there are intens
in those four; and I presame if I sat en to made the examination I ekorld tod hu da curacies in each certificate
. Mr. EDMUNDS. Material ose! th XI. FRELINGHUYSEN. Só not' material. The reason that I oferty eat going to the Judiciary Combite in
son i am opposed to the Congress of 2 any States making their fundamental by zhs' upon the accuracy or inacan 13 ake' minor particulars of the copy of a ser not in the ratification of the State of Ties the one sentence, there are four or brg en
Mr. EDMUNDS. Point out ce vrt on them. put, Mr. FRELINGHUYSEN. Iris
sentence: 199 "But whenever the right to reteter that for electors of President and Vice Presi
I ask the Senator from Ilias 23; be 'l enough to read from tbe statutes ink,' Mr. TRUMBULL. The reschein ! nia reads in the statutes, is: if
"But when the right to vote degree illy the choice of electors." 110The words "the choice of art be the Wisconsin certificate
. Then ar ing, ates it proceeds:
Mr. DRAKE. Is my motion to lay the Mr. CORBETT. I desire simply to say bill (S. No.522) to authorize the proper accountmatter on the table in order?
that considering the question as having been ing officers of the Treasury to settle the accounts The PRESIDENT pro tempore. Certainly decided by the Senate, I shall now vote for of Andrew S. Core; and it was thereupon it is.
the admission of the Senator from Florida. signed by the President pro tempore of the Mr. DRAKE. I made that motion some The question being taken by yeas and nays, Senate. time ago, and a debate for fifteen or twenty | resulted--yeas 34, nays 6; as follows:
PETITIONS AND MEMORIALS. minutes bas followed upon it. I insist upon my YEAS-Messrs. Cameron, Cattell, Chandler, Cole, motion to lay the credentials on the table, and Conkling, Conness, Corbett, Cragin, Drake, Ferry,
Mr. SUMNER presented the petition of Mar. on that I ask for the yeas and nays.
Frelinghuysen, Harlan, Howard, Howe, McDonald, garetta S. Morse, administratrix of the estate
Morgan Morrill of Maine. Morrill of Vermont, Mor-
of Isaac E. Morse, deceased, praying for com.
pensation for services rendered by Isaac E. table with a view to make another motion.
Trumbull, Wade, Willey, Williams, Wilson, and Morse as commissioner to New Granada; which
was referred to the Committee on Foreign NAYS-Messrs. Buckalew, Davis, Doolittle, John
Mr. SUMNER. I also offer
a petition signed munds, Fessenden, Fowler, Grimes, Henderson, Hendtable it does not interfere with administering | ricks, Norton, Patterson of Tennessee, Rice, Sauls
by merchants of Boston, in which they reprethe oath to the Senator-elect, and therefore, as bury, Sherman, Spraguo, and Van Winkle-16.
sent that it is now proposed under an act of the it does not, the motion to administer the oath So the motion was agreed to.
Legislature of Massachusetts to build a bridge must take precedence of the motion to lay on
called the Maverick bridge across the harbor
The PRESIDENT pro tempore. The Senthe table.
of Boston. They set forth that this would ator-elect from Florida will please come forMr. DRAKE. I take it that is not a correct | ward and receive the oaths.
curtail the area of the harbor-already smallview of the order in the case.
for the anchorage of ships; cut off the United
Mr. Osborn advanced to the desk of the
States navy-yard and all wharves above the
tion with the sea; and in other ways would admitting this gentleman to a seat.
seat in the Senate. The PRESIDENT pro tempore. The ques
would injure the commerce of Boston. On tion is on swearing in the Senator.
ORDER OF BUSINESS.
that account they ask that Congress will not Mr. DRAKE. I move to postpone that The PRESIDENT pro tempore. The morn- \| give its sanction to the erection of that bridge. question until tomorrow, and I ask for the king hour having expired, the unfinished business
move the reference of this petition to the
Committee on Commerce.
The motion was agreed to.
Mr. CAMERON presented a remonstrance
of citizens of Pennsylvania. protesting against The yeas and nays were ordered.
Mr. MORRILL, of Maine. ' I take it it was any action of Congress which would tend toThe Chief Clerk called Mr. Anthony's name. not the purpose of the Senator from Massa ward the reduction of the present duty upon Mr. ANTHONY. I desire to say, as the chusetts, when he moved for an evening session coal, as such action would be disastrous to a yeas and nays are called, that I am as much in yesterday, to displace the appropriation bill. large number of citizens of the United States favor of admitting the Senators from Florida I trust, therefore, he will have no objection to
and would benefit none, besides which the as any member of this body. I desire, how- allowing this bill to be laid aside.
United States Treasury would suffer a loss of ever, that when they come in they shall come
Mr. WILSON. It was not my purpose to
revenue to the extent of any reduction that in correctly, and in such a way that neither we interfere with the appropriation bill, but I be
was made; which was referred to the Com. nor they will have any occasion to regret it. I lieve the debate is now over on this bill, and
mittee on Finance. think there is fair ground of presumption that it will take no time. I think it can be dis He also presented a petition of citizens of there is some irregularity in the proceedings, posed of in a few minutes.
Philadelphia, Pennsylvania, praying that penalthough I am inclined to think it will be found, Mr. ANTHONY. I hope both Senators sions be granted to the soldiers and sailors of upon investigation, that they are sufficiently I will allow the ordinary morning business to the war of 1812 and to the widows of such as regular for them to be admitted as Senators, be disposed of.
have died; which was referred to the Comand if I were obliged to vote on the subject Mr. MORRILL, of Maine. Allow my bill to mittee on Pensions. to-day I should vote to adınit tbem ; but I prefer come up first, and then I will yield.
PAPERS WITHDRAWN AND REFERRED. that these papers should be referred to the The PRESIDENT pro tempore. If it be Committee on the Judiciary; and I should the pleasure of the Senate to go through the
On motion of Mr. BUCKALEW, it was prefer that every State now coming in that has | morning business, it will be done.
Ordered, That Chauncey Smith, guardian of the
minor children of Presley N. Guthrie, have loave to been separated from us should have the cre Mr. MORRILL, of Maine. should like to
withdraw his petition from the files of the Senate. dentials of its Senators referred to the same have the appropriation bill taken up first, committee. I vote yea. The PRESIDENT pro tempore. It is
On motion of Mr. HOWE, it was Mr. POMEROY. I was going to say moved that all prior orders be postponed for
Ordered, That Mrs. C. S. Wilson have leave to
withdraw her petition from the files of the Senate, The PRESIDENT pro tempore. Debate the purpose of taking up the bill (H. R. No. and that it be referred to the Committee on Claims. must stop here. The call of the roll has com 818) making appropriations for sundry civil
On motion of Mr. CORBETT, it was menced.
expenses of the Government for the year endMr. POMEROY. I think it hardly fair for || ing June 30, 1869, and for other purposes.
Ordered, That Henry Bailey have leave to with
draw his petition and papers from the files of the the Senator from Rhode Island to make a The motion was agreed to.
REPORTS OF COMMITTEES.
Mr. STEWART, from the Committee on ought to count. I think, having spoken, my || being disposed of.
the Judiciary, to whom was referred the bill name should have been called again.
MESSAGE FROM THE HOUSE.
(S. No. 564) for the relief of Hulings CowperMr. POMEROY. I was only going to say that I never knew before, where a motion was
A message from the House of Representa thwaite and Enoch H. Vance, and for other made to lay on the table and then a motion to tives, by Mr. CLINTON LLOYD, its Chief Clerk, purposes, reported it with amendments.
Mr. FÉSSENDEN, from the Committee on postpone, that the motion to postpone took announced that the House had passed the fol.
Public Buildings and Grounds, to whom was precedence of the motion to lay on the table.
lowing bills, in which it requested the concur-
referred the bill (H. R. No. 1325) for the relief resulted-yeas 13, nays 31; as follows:
A bill (H. R. No. 90) to authorize and require
of Benjamin B. French, late Commissioner of
Public Buildings, reported it without amend. YEAS-Messrs.Anthony, Buckalew, Corbett, Davis, the administration of oaths in certain cases,
ment. Doolittle, Drake, Edmunds, Fessenden, Hendricks,
and to punish perjury in connection therewith; McCreery, Morrill of Vermont, Norton, and Vick A bill (H. R. No. 293) to regulate and limit
SALE OF SURPLUS DOCUMENTS. ers--13. NAYS-Messrs. Cameron, Cattell, Chandler, Cole, the admiralty jurisdiction of the district courts
Mr. MORGAN. I am instructed by the Conkling, Conness, Cragin, Ferry, Frelinghuysen,
of the United States in certain cases; and Committee on the Library to report a joint Harlan, Howard, Howe, McDonald, Morgan, Morrill A bill (H. R. No. 568) explanatory of the of Maine, Morton, Nye, Patterson of New Hampshire,
resolution (S. R. No. 163) authorizing the sale Pomeroy, Ramsey, Ross, Stewart, Sumner, Thayer, act entitled “An act declaring the title to land
at public auction of certain surplus books and Tipton, Trumbull,'Wade, Willey, Williams, Wilson, warrants in certain cases.
do iments now in the custody of the Secretary and Yates-31.
The message also announced that the House
of the Interior, and recommend its passage, ABSENT-Messrs. Bayard, Dixon, Fowler, Grimes, Henderson, Johnson, Patterson of Tennessee. Rice, had passed the following resolution, in which it
and if there be no objection I ask for its con-
sideration at this time.
The joint resolution was read the first time
the House of Representatives adjourn their respect by its title. tion now is, Shall the Senator from Florida be jve Houses without day on Wednesday, the 15th of The PRESIDENT pro tempore. Is there
July next, at noon. permitted to take the oaths with a view to take
any objection to the present consideration of his seat in the Senate of the United States ? on
ENROLLED BILL SIGNED.
the joint resolution? which question the yeas and nays have been The message further announced that the
Mr. MORRILL, of Maine. I do not like to ordered.
Speaker of the House had signed the enrolled II interpose. If it leads to no debate, I will not
"For President and Vice President d'a' iss States." link
Mr. FRELINGHUYSEN. In de e in '"of President and Vice Presiden nich, words of the United States." enke
Mr. TRUMBULL. And the pri re before " President," in the restleri idrs, as it is copied there.
Mr. FRELINGHUYSEN and States Representatives in Congres
Mr. TRUMBULL. Instead?" i
States Representatives in Congres ton says "Representatives in Courant Mr. FRÉLINGHUYSEN
. I dy judicial officers." des, Mr. TRUMBULL. "Erenina zen cial officers of a State."
Mr. FRELINGHUYSEN. Hl! the might go through all of them.
Mr. EDMUNDS. All those nam the same thing on the face of
Mr. FRELINGHUYSEN. In this DD tion of the State of Pennsylvania
that of the State of New York buatre he inaccuracies.
se,' its being "the lem" it is the bir
The PRESIDENT pro tempor til tion of order is made and it ought on
ese ! ion a motion to refer srother arten pa' order. It takes nothing with it al There are many motions that are ne that can be referred because there
take the oath. A motion to rele trei y nothing for the committee to now
therefore, and because of its input it would establish a bad rule !
object; but if it does, I shall be compelled to Mr. MORRILL, of Maine. If it takes no ending June 30, 1869, and for other purposes ; time I will not object.
the pending question being on the amendment The PRESIDENT pro tempore. No objec Mr. ANTHONY. The Senator from Maine reported by the Committee on Appropriatious, tion being made, the joint resolution will be withdraws his objection. He always does; he to strike out the following clanse froin line read througlı. is so good natured.
four hundred and fifty-six to line four hundred The Chief Clerk read the joint resolution, The resolution was considered by unanimous and sixty: which authorizes the Secretary of the Interior, consent, and agreed to, as follows:
For care, enprort, and medical treatinent of sixty under the direction of the joint Library Commit Rrsolded. That two thousand copies of the Army
transient paupers, inedical and surgical patients, in tee of Congress, to sell at public auction such Register for 1869 be printed for the use of the Senate.
some proper medical institution in the city of Wasb. books and documents now in the custody of
ington, under a contract to be formed with such NAVY REGISTER.
institution, $12,000, or so much thereof as may be his department and published by the order
necessary. of Congress or of any officer or department whom was referred a resolution to print addi
Mr, ANTHONY. The same committee, to The PRESIDENT pro tempore putthe ques. of the Government as are not needed for dis
tion on the amendment, and declared it to be tribution under existing laws or to supply | structed me to report it back without amend | agreed 10
of deficiencies in the Library of Congress or in
Mr. HARLAN. I must ask for a division, the Library of either House, and the net pro
ment, and recommend its passage, and I ask ceeds of such sale are to be deposited in the for its present consideration.
Mr. MORRILL, of Maine. I hope the Sen. Treasury of the United States.
The resolution was considered hy unani.
ator will let it go. Provision will be made for Mr. ANTHONY, I should like to have mous consent, and agreed to, as follows:
it in the other bill, to which I alluded yesterday.
Mr. HARLAN. I shall not ineist on the some explanation of this resolution. These
Resolved. That one thousand copies of the Navy
call, with the understanding that the commitdocuments have been ordered by various reso.
tee will see that it comes in on some other bill. lutions to be distributed; but it has been found,
TRADE WITII BRITISII PROVINCES.
Mr. MORRILL, of Maine. Certainly; there I think, in some cases impracticable to carry
Mr. ANTHONY. I am instructed by the is not the slightest danger of it. the resolutions into effect. The intention of same committee to report back the following
pro tempore. The amend. leaving these documents with the Secretary of resolution without amendment, and recom ment is agreed to. The reading of the bill will the Interior was that there might be a fund for mend its passage:
Executive Document No. 240 H. R., parts one and
The next amendment of the Committee on deficiencies; that there should be a supply there Senate.
Appropriations was to insert at the end of the in case other depositories should be destroyed.
bill: I have not examined this matter.
I ask for the present consideration of the resolution.
To enablo the Secretary of the Interior to pay for Mr. MORGAN. The matter has been up Mr. MORTON. What are those docuinents?
fitting necessary shelving, and for record books furonce or twice, and was finally referred to a
vished or ordered for the office of register of deeds
Mr. RAMSEY, A report on tbe trade with of the District of Columbia, during the period when sub-committee of the joint Library Committee, the British provinces.
Edward C. Eddie was such register, $550. and after a good deal of consideration they
The CHIEF CLERK. "A letter from the Sec. Mr. HARLAN. I do not know from where concluded to report in favor of this disposition of the books. The Senator from Wisconsin,
retary of the Treasury, transmitting a supple that amendment sprang, but under existing [Mr. Howe.] was one member of the sub-coin
mental report on trade with the British Ameri. laws the register of deeds in the District of mittee and a member of the House another. can provinces."
Columbia furnishes bis own stationery. The
Mr. ANTHONY. It will only cost sixty. It will be seen that by the language of the
law provides that the Secretary of the Interior five dollars. resolution they will be under the control of the
shall provide him with a suitable room in which
The resolution was considered by unanimous joint Committee on the Library if the resolu
to keep the records, but from the foundation consent, and agreed to.
of the office up to this time the register bas Mr. ANTHONY. Will the Senator state
furnished his own books und stationery. I what books they are and how many there are? Mr. RAMSEY asked, and by unanimous
should like, therefore, to know what the reaMr. MORGAN. It is impossible for ine to consent obtained, leave to introduce a bill (S.
son is for giving this additional pey to the
estate of the late incumbent. tell what they are. I have not seen them. No. 583) in relation to the transportation of Mr. ANTHONY. A great many of them, I United States mails by railroad companies ;
Mr. MORRILL, of Maine. This amend believe, are the Annals of Congress, which which was read twice by its title, referred to
ment is proposed on the recommendation of
the Secretary of the Interior, who represents would bring nothing at all at auction. the Committee on Post Offices and Post Roads,
that this expenditure was made for the pur Mr. MORRILL, of Maine. I hope the Sen and ordered to be printed.
poses indicated in this amendment. A part ator from New York will allow this resolution
HOUSE BILLS REFERRED.
of the money proposed to be appropriated is to go over. Mr. MORGAN. If it is objected to I must
The following bills, received from the House to pay for “necessary shelving,'' which I supof Representatives, were severally read twice pose would be covered by the statement of the
by their titles and referred to the Committee on Senator that the Department furnish the room. Mr. ANTHONY. I do not object to it, but the Judiciary:
Mr. HARLAN. I think that part of the before it is passed I should like to understand
A bil (H. R. No. 90) to authorize and re proposition is right. what it is. A large portion of these documents
quire the administration of oaths in certain Mr. MORRILL, of Maine. It also includes I presume to be the Annals of Congress, very cases, and to punish perjury in connection
another item, "and for record books." ! valuable documents, but which would not bring therewith ;
presume the stationery would naturally enough any more than their value as waste paper at
A bill (H. R. No. 292) to regulate and limit be covered by the perquisites of the office, but public auction. Mr. MORRILL, of Maine. I call for the
the admiralty jurisdiction of the district courts || probably an appropriation is needed for the
of the United States in certain cases; and permanent record books. regular order. A bill (H. R. No. 568) explanatory of the
Mr. FESSENDEN. I will say to the Sen. Mr. SUMNER. There is another document act entitled "An act declaring the title to land
ator from lowa that last year we made, on his which I think will be found among them, and warrants in certain cases."
recommendation as Secretary of the Interior, that is the second series of the State Papers.
an appropriation for this purpose to Mr. Hall, The PRESIDENT pro tempore. As this
who was register. The money which this joint resolution is leading to debate, the regu The concurrent resolution of the House of
appropriation proposes to refund was paid by lar order is called for, and the appropriation Representatives providing for the adjournment Mr. Eddie for record books, which remain in bill must be taken up.
sine die of the two Houses on the 15th of July, the office and are now used there. I trust no ARMY REGISTER.
was, on motion of Mr. Sumner, ordered to lie objection will be made to the appropriation ;
on the table. Mr. ANTHONY. I ask the Senator from
it is a very small sum. PACIFIC RAILROAD.
The amendment was agreed to. Maine to allow me to make two or three
Mr. HOWARD. I ask leave to lay before reports for the printing of documents such as
The next amendment was to add to the bill the Senate certain papers relating to the Pacific the public convenience requires should be dis.
the following clause: posed of now, as the type is standing. The railroad, containing a statement of the amount
To enable the Secretary of the Senate to complete Committee on Printing, to whom was referred
of bonds issued to the Union Pacific railroad the alphabetical list of private claims to the end of and its branches, with the amount of interest the second session of the Thirty-Ninth Congress
, and a resolution to print additional copies of the
to pay outstanding claims for services rendered in Army Register, have directed me to report it paid upon those bonds to those companies, and
the preparation of said work under a resolutiou of back without amendment, and recommend its interest repaid by the companies to the Gov. the Senate of March 16, 1866, $2,000. passage, and I ask for its present
consideration. ernment; and I ask that they may be printed The amendment was agreed to. Mr. MORRILL, of Maine. I cannot agree
for the information of the Senate.
The PRESIDENT pro tempore. The amend
ments reported by the Committee on ApproThe PRESIDENT pro tempore. Objection will be made.
priations are now through with.
CIVIL APPROPRIATION BILL. being made it cannot be considered.
Mr. BUCKALEW. On the sixteenth page, Mr. ANTHONY. There is no objection to The Senate, as in Committee of the Whole, ll in line three hundred and seventy-one, I move the resolution. The type is standing and the resumed the consideration of the bill (H. R. to strike out the word " public convenience and public economy will No: 818) making appropriations for sundry
"twelve,'' and again in the same line to strike be promoted by disposing of it at once. civil expenses of the Government for the year
out the word ' seven" aud insert "len," and
eight” and insert
to the Secretary of the Interior.
of appropriation proposes to
the second season of the Tunisie
to pay outstanding claim: ITS
to strike oui the word " **
be covered by the perpusis te
lie objection will be inade to che
The nest amendment i tratta
! the preparation of an u
welve,'' and again in the post
110 " ending June 30, 1969, and fire oberena
the pending question being on the string ne reported by the Commitee on Apps bre
10 strike out the thionin e •
four hundred and fifty-sli to lie tour in us and sixty:
For eare, support, and medical tren pode
tragsent paupers, medical 20 FARM
Pompe proper notes institutima
| The PRESIDENT pro km
sion on the amendment, and declared in
Mr. HARLAN. 1 most at indt
Mr. MORRILL, of Maine. lppo ai: ator will let it go. Prorision ti x2
it in the other bill, to which I ailedelse
Mr. HARLAN. I shall not mea call, with the understanding that
tee will see that it comes in an intere
!! Mr. MORRILL, of Maine Cerar,
ment is agreed to. The rest agd 21
d agreed to.
The next amendment of the i'm
To enab!n the Secretary of the best partie
Mr. HARLAS. I do not have
Columbia furnisbes bis owned
shall proride him with a smakers
of the office up to this time the morning
son is for giving this aduhinna
} estate of the late incumbers of Mr. VORRILL, of Haine lang
ment is proposed on the needs
in line three hundred and seventy-two to change the State of Nebraska and the State of Kansas For sundry brick and carpenters' work, $350. than in the Territories.
For renovating and ventilating court-room, $100. the aggregate appropriation from $25,000 to
Provided, The corporate authorities of the city of $10,000; so as to make the clause read:
Mr. MORRILL, of Maine. I examined this
Washington appropriate and expend a like sum for For surveying the public lands of Colorado atrates question by myself this morning to see whether painting and repairs of the western portion of said not exceeding fifteen dollars per lineal mile for there had been any communication from the
building. standard lines, twelve dollars for township, and
General Land Office making a complaint of Mr. MORRILL, of Maine. I should like twelvedollars for section lines, $10,000.
the sum fixed by the committee of the House, to ask the Senator whether. be understands This will make the rates for surveying in
for the committee of the Senate followed the that by law, or by usage, or both, the Governthat Territory precisely what they are in all the
committee of the House; and I had not ment of the United States appropriate for the other Territories mentioned in the bill. This observed before that that office made any com. erection and for the repairs of this building. ainendment it is understood is assented to by plaint of the appropriation for the service as Is that our obligation? the House committee, and I do not know how thus fixed. I ought, perhaps, in justice to the
Mr. HESSENDEN. I understand that to the error occurred in the amount. I have
Senator from Pennsylvania and to the Senate, The United States paid for building here an official report from the land depart
to read a communication from the Commis one half, I believe, of the City Hall, and they ment on this subject, but I believe there is no
sioner of the General Land Office, in which he were to have the occupation of it for their own objection to the amendment, and therefore I expresses his solicitude that the sums esti
purposes. They have been in the habit, also, will not go into the details. Mr. POMEROY.
since of paying for the repairs of that part I do not understand
mated for in the general estimates should be
which they occupy. The City Hall is now in
soft making appropriations for sundry civil expenses of stone; it has not been painted ; and it is disMr. BUCKALEW. I submitted it yester the Government for the year ending June 30, 1869, day, and had it referred to the Committee on now before the Committee of the Whole Ilouse, con
integrating, and it is very much out of repair. taining reduced appropriations on account of the
So is the roof. I have a letter from the archiAppropriations.
surveying service, which, if not restored to the sums Mr. POMEROY. It is not reported on
tect of the Capitol extension, who examined estimated by this office as the lowest possible con
it thoroughly, and made the calculations of the recoinmendation of any committee. sistent with the exigencies of the prosecution of the
amounts necessary, and he states, to use bis Mr. BUCKALEW.
public surveys, there will result great impediments I gave notice of it
in the carrying out of public requirements under own expression, that the building is almost in yesterday. sundry laws both in the field and office work in the
a tumble-down condition. It ought to be reMr. HARLAN. I inquire whether the suroffice of the surveyor general."
paired. There is no doubt of the necessity, veyor general of Colorado has been unable to On that statement I should say that it will
no doubt about the practice, and none of the procure the work at the rates that now stand be necessary to raise this appropriation. It is
obligation. I make it dependent, as the city in the bill. As I understand, the Senator's necessary, in the estimation of the Commis
is rather remiss on its appropriating like sums motion is to increase the price for surveying sioner of the General Land Office, that the
to repair its part. It wants thorough painting the public lands in Colorado. sum appropriated for this service should be in
outside and renovating in several particulars. Mr. BUCKALEW. To make it the same as creased.
The amendment was agreed to.
Mr. HARLAN. I beg to express the hope
Mr. FESSENDEN. I offer this amend-
For continuing the United States twenty-inch in the expenditure of the public money, and in
water main from its present terminus on north B not made in time.
making his estimates for expenses, and has street on the east side of Delawaro avenue to the Mr. POMEROY. I did not know that an always placed them at the lowest figure since United States branch twelve-inch main on Firststreet individual Senator, giving notice of it yesterthe war began which he thought was compati
east, $10,000. day, brings it within the rule. That was the ble with the public interests. I think that his
This is a much-needed improvement, as there point I made. estimates ought to be followed.
are great complaints of the scarcity of water in Mr. BUCKALEW. I offered the amend
Mr. BUCKALEW. The surveyor general all that portion of this city east of the Capitol ment in writing, and it was referred to the Com of this Territory informs us that he is utterly during the day, owing to the large quantity mittee on Appropriations. unable to get the work done for the rates pro
used as a motive power at the shops of the Mr. POMEROY. I admit all that; but our
posed in the bill; and if it should not be navy-yard. By connecting the two mains speciformer rule was that no amendment of this | amended, surveying such as is contemplated in fied this difficulty will be obviated. nature to a general appropriation bill could be
this clause will have to stop until the action of Mr. MORRILL, of Maine. Was this mat. moved excepting upon the recommendation Congress hereafter.
ter considered by the Committee on Public of a committee or on an estimate of the head Mr. MORRILL, of Maine. I think under || Buildings and Grounds? of a Department. Now the rule is amended the circumstances I shall not raise the point
Mr. FESSENDEN. Yes, sir. It is absothat all such recommendations shall be referred
of order on the Senator from Pennsylvania | lutely necessary to make this provision. one day in advance to the Committee on Ap
unless some other Senator deems it advisable. The amendment was agreed to. propriations; but if this amendment could
Here seems to be an express recommendation Mr. FESSENDEN. I desire now to offer not have been received under the rule form
on the part of the Commissioner that this sum an amendment that comes from the Commiterly, it cannot now, under the rule as latterly
should be appropriated, and in quite emphatic tee on Commerce, to come in after line one modified.
language he says the service will suffer if it is hundred and seventy-five on page 8: The PRESIDENT pro tempore. Unless the
Under these circumstances, per: For a new light-house on Half-Way Rock, on-the amendment is reported by a committee I sup
haps, the Senate would think I ought not to coast of Maine, $30,000.
Mr. MORRILL, of Maine. Is that recom-
Mr. POMEROY. The proposition is to mended by the Light-House Board? of the amendment fixing the rates does not
increase the appropriation from $25,000 to Mr. FESSENDEN. It is recommended by come under that rule; it would only affect the $40,000.
the board and recommended by the Commitlatter branch increasing the amount of the ap
Mr. MORRILL, of Maine. That is it, and
tee on Commerce.
that puts it on the same footing as Nevada and The amendment was agreed to.
Mr. HOWARD. I offer an amendment to
themselves whether they ought or ought not to
come in at the close of the bill which is recare for the amendment I will not object; I will
The PRESIDENT pro tempore. The ques
ommended by the joint Committee on Ordwaive the rule so far as I am concerned. tion is on the amendment of ibe Senator from
Dance, which was constituted by a vote of the
two Houses. I gave notice of my amendment Mr. MORRILL, of Maine. I was looking
Pennsylvania. to see on what principle this could be moved ;
The amendment was agreed to.
That the sum of $15,000, or as muoh thoroof as may I had not raised the point about the authority
Mr. FESSENDEN, By direction of the be necessary, be, and the same is hereby, appropriated to move it. There is a long list of rates fixed Committee on Public Buildings and Grounds,
out of any money in the Treasury not otherwise apfor the several Territories. I see that in Ne I have some amendments to offer. I move
propriated to defray the expenses of the joint Com
inittee on Ordnance; and that the same shall be braska, for the same service, the rates for first, after line three hundred and ten, on page drawn from the Treasury upon the order of the Secstandard lines are fixed at not exceeding ten fourteen, to insert
retary of the Senate as it shall be required, and any dollars; Colorado, for the same service, is
portion of the amount hereby appropriated that shall For heating the Rotunda, the old Hall of the House
be allowed by the said joint committee to witnesses fixed at fifteen dollars in the bill. I do not of Representatives, and the offices and stairways
attending before it, or other persons employed in its know that the Senator observed that. He will connecting therewith, $15,000.
service, for per diem travel or other necessary exsee that Colorado stands five dollars for stand
The amendment was agreed to.
ponses, and paid by the Secretary of the Senate in ard lines higher than Nebraska. I think it is
pursuance of the order of said joint committee, shall Mr. FESSENDEN. I move this amend
be accordingly credited and allowed by the accountthe same as Idaho, the same as Nevada, the ment, to come in after line three hundred and ing officers of the Treasury Department. same as Arizona. On the township lines it is twelve, on the same page :
Mr. MORRILL, of Maine. I should like to less.
For painting the exterior of the eastern portion of have the Senator make some explanation of Mr. BUCKALEW. The Senator will ob the City Hall, in Washington, $1,400.
For resetting steps, calking cornice, &c., $750.
Mr. HOWARD. I will say, then, that this
indicated in this ancienne of the money proposed to be the to pay for "' necessary shelsing," pose
would be covered tsib Senator that the Department first
Mr. HIRLAN. I think that re proposition is right.
Mr. MORRILL, of Naine. liske another itern, "and fur ream N3
presume the stationery would be urts probably an appropriation is set
permanent record books. the
Vr. FESSENDES. Swiss iod ator from lowa that last year an
appropriation for this papie 3
who was register. I'be more ent
vri Eddie for record books then olę, į the office and are now used the
it is a very small sum.
The amendment was agredia
ind 05. hi ted
tho Sepute of Maryl in
The amendment was agreed
The PRESIDENT pro tempo meats reported by the l'omnite nel priations are now ihrough with
Mr. BUCKALBW. On the