« ΠροηγούμενηΣυνέχεια »
is any weight in the recognition of these gov: | provision, the votes from which ought to be | Legislature and elected Senators in Congress, ernments by the President; I do not think counted, I should like to hear such a case and they by virtue of that election were adthere is. I do not think he had any right to as that stated.
mitted into Congress as soon as the State was recognize governments in the rebel States at Mr. BUCKALEW. Of course the territo- admitted. Now, suppose a question had never all. I suppose the honorable Senator and rial organization might continue until the State arisen there in regard to the admissibility of myself agree on that subject; but there is a was fully organized under the enabling acts of Missouri; suppose a controversy over the quesparty who hold that his organization of State Congress. The electoral votes might be taken tion of slavery bad not arisen, and Missouri governments in the rebel States was valid and before the new State organization was per- had been admitted before tbe counting of the constitutional, and that those governments are fected, and yet there be no earthly objection votes, but not before the day of the election, the permanent lawfulgovernments of the States; to the reception of those votes.
and had presented her electoral votes, if such and they insist upon it, they have insisted upon Mr. CONKLING. How would this amend. a law as this had been on the statute-book, it it in this Chamber, as the bonorable Senator ment interfere with that?
would have excluded them and required repeal. knows very well, that Congress has on repeated Mr. BUCKALEW. I think it would exclude Mr. CONKLING. To go back to the point occasions recognized by its legislation the ex- the vote.
of the Senator's question, which, I think, was istence and the validity of those governments. Mr. CONKLING. If the Territory is to be in his first suggestion, all that can be just as the Would the honorable Senator leave that very treated as a State within the provision at all, Constitution can be, and if the Senator will important question open to debate and discus- then it seems to me the language is exactly Il give me his attention I will try to answer bim sion hereafter?
adapted to admit it. Why not? It would have precisely. “Each State shall appoint in such Mr. CONKLING. Not at all; and there. a government, which governinent would be manner as the Legislature thereof may direct." fore I propose to close the question by exclud- recognized by Congress, and the election would That implies literally that there is to be a State ing froin the provision all governments which have taken place under the authority of that with a Legislature, and tha the direction is to have been recognized as temporary or provis- government. That is precisely what is pro- precede the choice of electors, not only to be ional. Now, does the Senator mean to say vided for here.
at the same time, but earlier than that. To that anybody has argued that Congress, speak
Mr. BUCKALEW. I think the new govern. enforce this literally, how could you ever count ing at this time, recognizes or has recognized ment set up in such a case would be strictly the votes in such a case as he has put? You those governinents as legitimate, permanent || provisional, until the State constitution and rep- could not do it obviously, because there was no governments, contradistinguished from pro- resentatives should be accepted by Congress, State, there was no Legislature of a State prior visional governments, when the President him. and the State fully admitted. It would fall to or at the time of the choice, and therefore all self and luis party, as bas been argued bere exactly under the description of a provisional you can do is to condone it and treat it as vir. over and over again, and greatly at length the government.
tually complied with afterward when you count other day by the honorable Senator from Indi- Mr. CONKLING. I do not think so. I the votes, and that you can do under this proana, (Mr. HENDRICKS,] have never treated cannot inagine any case which would fall vision. If the Senator will look at the Conthem as anything except temporary and pro- within it. I do not think there can be such a stitution he will find that his criticism is just as visional governments? case put. If there can then it would be im
strong applied to the discrepancies between the It inay be said that that objection which the possible to have any general provision on this case he states and the Constitution itself, and honorable Senator makes, which is so unlike | subject, and it would be impossible, I submit I think more so, than it is between the case he the objection be made last night, has the recom- to the Senator, to execute in its terms the states and this provision. mendation of ingenuity; but he must pardon mandate of the Constitution in that respect. Mr. President, I have occupied much more me for saying that I do not see that it has. It Mr. DRAKE. I will state to the honorable time about this matter than l'intended when I seems to me that it is a criticisin made in the Senator from New York that just such a case rose; and when I make a single further obser. very teeth and letter and obvious meaning of || has occurred in the history of this country. vation, I shall relieve the Senate. I do not the provision. “Unless at the time prescribed || The constitution of the State of Missouri was think it is worth while for legislative or for by law for the choice of electors, there shall adopted in July, 1820, the year of a presiden || political purposes to put forth in an act of be in such State a government recognized by tial election. Suppose that State had gone on Congress the idea that we expect that the parCongress as regular and permanent, and not at the presidential election to elect electors ticular States which we have been reconstructprovisional only." How anybody in the face in the expectation of being admitted. There ing are to tumble down or collapse before the of that language can say that there is room for would occur a case where it had not been recog. next presidential election. I do think it is tbe shadow of a doubt as to its meaning in the nized at the time of the election in November, || prudent to have a general provision on this behalf suggested I cannot comprebend. and such a case inay occur again, and yet Con- subject for abundant caution, as we had in 1864;
Mr. BUCKALEW. I will ask the Senator gress would recognize it afterward, and before and as we are compelled to make one now in whether his amendment would not exclude the the counting of the electoral vote. If the bon. reference to the three States of Virginia, Misvotes of States situated as Wiscousin once was, orable Senator perceives my meaning, he will sissippi, and Texas, which are not in condition whose votes were counted in the joint conven perceive at once a case that might arise. to vote, I think it is worth while, while attendtion of the two Houses? Would it not exclude Mr. CONKLING. I say that is a case that ing to them, to extend it so as to provide for the votes of States that may have been taken did not happen. If in addition to what did any possible danger; but to select suspiciously under provisions made by their constitutional occur other things had occurred that would and tremulously those States which we have conventions before State organizations have have been a case. My answer to it, to be just rebaptised, and say that while we fear no been actually organized or an act of the State | brief, is this: there are several answers to it, commotion anywhere else, we are trembling Legislature passed authorizing the election of but one will do; if afterward Congress recog. lest there the rebellion should break out electors? There may be cases of that kind nized it as a State, that would be the end of again, as an act of legislative or party policy where it would operate very inconveniently ; the whole thing. If Congress did recognize it does not commend itself to my judgment. Nor cases where there would be no question about and did count the votes, of course it would be does it commend itself to my judgment to pass the validity of the new State; no objection to held to be within the provision as it would be, a temporary act, as we did in 1864; and now its organization or its constitution; and yet it and that would settle it altogether. You might let me remind my honorable friend from Miche might not have gone through all the necessary state the case on the constitution as it stands | igan that if ten years ago the very proposition forms to meet the requirements of his amend- just as strongly as you can state it upon this | which I offer to-day had been adopted, there ment before the electoral votes were taken. provision, and I ask the Senator from Missouri would have been no such occasion in 1864. He
Mr. CONKLING. I should like to ask the to look at the language of the Constitution: will agree with me about tbat. There would Senator what he means by not having gone “Each State shall appoint in such a manner as not have been any necessity for the provision, through the forms required by this amend- the Legislature thereof may direct." That nor any proposition by joint or concurrent resoment?
cannot happen in such case as he states, for it | lution in 1864 to provide for this. Mr. BUCKALEW. The form of setting up I would not be a State, but Congress afterward If the provision is adopted now no matter a State government, and having regular au- in the case he has supposed would condone that what may take place in this presidential electhority by virtue of State law for holding the and treat it as State for that purpose, and that tion or any future presidential election on this election of electors, and the acceptance of the I would settle the whole thing, and that would be head, we have a statute which stands a harmconstitution by Congress, and the admission just as much under this declaratory provision less statute unless difficulty arises, and wbich, of Senators and Representatives, all which as it would be under the Constitution without || if difficulty of this sort does arise, will provide would seem to be contemplated as constituting any provision of law about it, because if you for every case, be it North, South, East, or recognition by Congress under the amend. are to stick in the letter the Constitution stands West, just as well for a Dorr or a Shay's rebel
just as much in your way as would a provision lion, or an anti-rent rebellion in the State of Mr. CONKLING. I do not understand the of this sort.
New York, as for secession in the State of provision at all as the Senator does in that Mr. DRAKE. How can that be, when the South Carolina. While we are about it why respect. The original proposition recites what | Senator's amendment says that at the time pre- should we not adopt a general and lasting proare to be the prerequisites, and recites the scribed by law for the choice of electors there vision on this subject, disclosing no weakness things to which the Senator has referred among shall be in such State a government recognized | and no unreal apprehension in any direction, others. This provision is that there shall be || by Congress, and the election shall have been but providing abundantly for every adverse in the State a government which Congress held under ihe authority of that government. contingency which any Senator can apprehend? recognizes, and that the election shall have the constitution of the State of Missouri was I have no pride about this, Mr. President, I taken place under the authority of that govern. formed in July, 1820, and its Legislature was need not say. I shall vote with great pleasure ment. If the Senator can put me the case of elected in August, 1820, and that Legislature for the original proposition introduced by the a Territory which does not come within this went on to perform the functions of a State Senator froin Vermont, if we come to that,
with one or two amendments, which I shall New York (Mr. ConkLiNG] to the amendment On motion by Mr. HARLAN, take the liberty to offer; and I have no doubt of the Senator from Missouri, (Mr. DRAKE.) Resolved. That the Senate insist upon its amend. that, so far as the present occasion is con- The question being taken by yeas and nays,
ments to the said bill disagreed to by the House of cerned, and the substance of it, that provision resulted-yeas 19, nays 20; as follows:
Representatives, and ask a conference on the dis
agreeing votes of the two Houses thereon. will be adequate; and yet I must think that a YEAS-Messrs. Conkling, Cragin, Fessenden, Fow- Ordered, That the conferces on the part of the Sengeneral provision to be made durable, and to ler, Harlan, Honderson, Ilowe, McDonald, Morgan, ate be appointed by the President pro tempore.
Osborn, Patterson of New Hampshire, Ross, Stewart, apply to all cases, would be much wiser for the
The PRESIDENT pro tempore appointed Thayer, Trumbull, Van Winkle, Wado, Willey, and present and the future than this special and Wilson---19.
Mr. Harlan, Mr. Conkling, and Mr. VICKERS. temporary proposition. NAYS-Messrs. Buckalew, Cattell, ole, Conness,
EXECUTIVE COMMUNICATIONS. Mr. DRAKE. Mr. President, there is so
Davis, Drake, Edmunris, Ferry, Howard, McCreery,
Morrill of Maine, Morrillof Vermont, Morton, Nyo, much said in the Senate that might just as well
The PRESIDENT pro tempore laid before Pomeroy. Sumner, Tipton, Vickers, Williams, and not be said for the purpose of shedding light | Yatos-20.
the Senate a message from the President of
ABSENT - Messrs. Anthony, Bayard. Cameron, the United States, communicating further, in on any question that the greatest trouble I ever
Chandler. Corbett, Dixon, Doolittle, Frelinghuysen, connection with his message of the 23d of May have to address the Senate at all is to determ- Grimes, Hendricks, Norton, Patterson of Tennessee,
last, information relative to transactions which ine whether I have anything worth saying: I Ramsey, Rice, Saulsbury, Sherman, Sprague, and think there is something worth saying about Welch-18.
have occurred in Japan in connection with ibe this matter. I am not going to wander from
So the amendment to the amendment was
civil war which exisis in that empire ; which the points of the case and not going into any rejected.
was referred to the Committee on Foreigo
Relations. political discussion; I simply wish to have the The PRESIDENT pro tempore. The ques. matter shown in its true light and in as brief tion recurs on the amendment of the Senator
WAIT TALCOTT. terms as I can possibly command. from Missouri.
On motion of Mr. TRUMBULL, the bill It is of no manner of use for the Senator Mr. DRAKE. I propose to amend the amend: (H. R. No. 1099) for the relief of Wait Talfrom New York to talk about introducing a ment by inserting in the first line after the word cott was considered as in Committee of the general proposition here and putting it upon Wheretofore" the words “declared to be." Whole. It is a direction to the Secretary of the the statute book of the country when he knows, The PRESIDENT pro tempore. The amend. || Treasury to credit to Wait Talcott, (as of the as well as he knows anything else, that it never ment will be so modified. The question is on 18th February, 1865,) internal revenue col. would bave occurred to him in the world to the amendment.
lector for the second district of Illinois, the introduce such a proposition as this but for
Mr. POMEROY. We have never declared
sum of $556 93, in consideration of the lors the fact that this Congress has been through them to be simply in insurrection ; we always of that sum by the robbery of his depuly, its whole history so far, and the next preced- || say " rebellion.'
Captain Richard A. Smith. ing Congress through its whole history, dealing The PRESIDENT pro tempore. Five o'clock The bill was reported to the Senate, ordered with States that were in insurrection; and, sir, having arrived, the Senate according to the to a third reading, read the third time, and we might just as well come out and treat the order will take a recess until half past seven passed. subject upon that basis, admit to the country o'clock.
HOUSE BILLS REFERRED. that we are still dealing with States that were
The bill (H. R. No. 1337) to increase the in insurrection and not undertake to salve over
pension of Mrs. Frances T. Richardson was the whole thing by adopting a general proposi- The Senate reassembled at seven and a half | read twice by its title, and referred to the Comtion which, in my opinion, is an insult to the
o'clock p. m. loyal States to adopt at all. The very propo
mittee on Military Affairs and the Militia. POST ROADS.
The bill (H. R. No. 1363) to increase the sition that we have gone upon in all our legis. lation is that these insurrectionary States ceased
On motion of Mr. RAMSEY, the Senate, as
pension of Emily B. Bidwell was read twice to be States in connection with the Union by in Committee of the Whole, proceeded to con:
by its title, and referred to the Committee on their insurrection, and that it was necessary sider the bill (S. No. 589) to establish certain
Military Affairs and the Militia. that they should be readınitted to representa
The joint resolution (H. R. No. 329) to tion in Congress. The amendment that I pro
Mr. RAMSEY. I am instructed by the
amend the fourteenth section of an act approved pose directly affirms that fact by its terms. The Committee on Post Offices and Post Roads to July 28, 1866, entitled “ An act to protect the Senator from New York shies clear round it, move a few amendments. I move to strike out revenue, and for other purposes, "was read
twice by its title, and referred to the Commitand says nothing whatever about it. It does | lines seven and eight, under the head of "Calinot refer, either. to the insurrectionary States; fornia," in these words:
tee on Finance.
Cecilville, Centreville, and Black Bear to Sawyer's
Mr. CONNESS. I move to take up for enactment of a law which could have no possible necessity except in the fact that insurrec
The amendment was agreed to.
consideration Senate bill No. 349. My object tionary States exist.
Mr. RAMSEY. I move to strike out line
is to get the bill read; I shall not ask action Why should we do this? Why should there thirty-seven under the head of Minnesota, in
upon it just now.
The motion was agreed to; and the bill (S. be such a law put on the statute-book with these words :
No. 349) granting aid in the construction of a regard to Maine, Vermont, New Hampshire,
From Sauk Rapids, via Princeton, to Taylor's Falls.
railroad from the town of Vallejo to Humboldt Massachusetts, Missouri, and all the other loyal The amendment was agreed to.
Bay, in the State of California, was considered States of the Union to determine the question Mr. RAMSEY. I move to insert after line as in Committee of the Whole. The Commithere whether their governments had been recog. twenty-one :
tee on Public Lands proposed to amend the nized by Congress when the joint session of the
bill by striking out all after the enacting clause two Houses meet in February next? There is From Waterville, via thecounty seat of Clay, Cloud, and inserting: necessity for it. I do not understand the rea Ottowa, and Saline counties, and Sharp's Creek to son which lies at the bottom of the amendment Wichita on Walnut Creek.
That there be, and is hereby, granted to the State of the Senator from New York. Does he dis
The amendment was agreed to.
of California, for the use and benefit of the San
Francisco, Vallejo, and Humboldt Bay Railroad like to come up and talk in plain terms about The bill was reported to the Senate as
Company, (a company organized and created under
the general laws of said State,) the right of way these insurrectionary States and deal with them amended, and the amendments were concurred through the public lands of the United States for upon the basis of their readmission to Con- in. The bill was ordered to be engrossed for a
the construction of a railroad and telegraph line gress and the substitution there of lawful and third reading, read the third time, and passed.
from the town of Vallejo to Humboldt bay, and the
right, power, and authority is also hereby given to permanent for provisional governments? If he
take from the publio lands adjacent to the line of does, I do not. I choose to take this matter
said road material of timber, earth, and stone for by the horns exactly as it stands, to put no
The Senate proceeded to consider the amend- the construction thereof; said way is granted to the general statute upon the book for which there ment of the House of Representatives to the
extent of one hundred fect in width on each side of
said railroad, where it may pass through the public can be no justification in the circumstances of
joint resolution (S. R. No. 107) in relation to domain. the country. You can find no justification in
the Maquoketa river in the State of Iowa. SEC. 2. And be it further enacted, That there be, and the condition of any of the States but those
The amendment was to add as an additional hereby is, granted for the purpose of aiding in the
construction of said railroad and telegraph line, and that engaged in rebellion ; and I wish to make section to the resolution, as follows:
to secure the transportation of the mails, troops, it distinctly and pointedly' applicable to them.
And be it further resolved, That dams and bridges munitions of war, and public stores over the route of This is the whole purpose of my amendment;
may be constructed across the Iowa river in the stato said line of railway, every alternate section of pubof Iowa above the town of Wapello.
lic land, not miperal, designated by odd numbers, to that is the difference between the amendment Mr. HARLAN. I move that the Senate
the amount of five alternate sections per mile on of the Senator from New York and the one
each side of said railroad on the line thereof, between concur in that amendment, and I will state that Calistoga Springs and Humboldt bay, where the that I have proposed, that he undertakes to deal as to the whole nation and all the States the Legislature of the State has memorialized
United States have full title, not reserved, sold,
granted, or otherwise appropriated, and free from on a condition of things that is not applicable Congress asking for this authority.
preëmption or other claims or rights at the time the The amendment was concurred in.
line of said road is designated by a plat tbereof filed to all, while I undertake to deal with the rebel
in the office of the Commissioner of the General States and the condition of things applicable to
Land Office. And whenever, prior to said time, any them only. Therefore, sir, it is that I think
said sections or parts of sections sball bave been The Senate proceeded to consider its amend
granted, sold, reserved, occupied by homestead setthe amendment I have proposed is preferable ments to the bill of the House (H. R. No. 344) tlers, or preë inpted, or otherwise disposed of other to his. to incorporate the Washington Target-Shoot
lands shall be selected by said company in lieu The PRESIDENT pro tempore. The ques
thereof, under direction of the Secretary of the ing Association, in the District of Columbia, Interior, in alternate sections, and designated by tion is on the amendment of the Senator from ll disagreed to by the House; and
odd numbers, pot more than five miles beyond tho
limits of said alternate sections, and not including act, and not afterward, and shall be deposited in the pany M, first regiment Vermont heavy artillery the reserve numbers: Provided, that all mineral office of the Secretary of the Interior.
volunteers; lands be, and the same are hereby, excluded from the Sec. 9. And be it further enacted, That the directors operations of this art: Provided further, That the of said company shall make and publish an annual
A bill (H, R. No. 1396) granting a pension word" mineral," where it occurs in this act, chall report of their proceedings and expenditures, veri- to Stephen T. Carver; not belield to include iron or coal: trovuled further, fied by the allidavits of the president and at least A bill (H. R. No. 1397) granting a pension That the lands hereby granted to aid in the construc- five of the directors, a copy of which shall be dotion of said railroad shall be solat by the State of posited in the office of the said Secretary of the In
to Prescott Y. Howland; California to actual settlers in quantities not to terior.
A bill (H. R. No. 1398) granting a pension exceed one quarter section to any one person, and at SEC. 10. And be it further enacted, That the better to Martin Burke; a price to be fixed by the company not excceding to accomplish the object of this act, namely: to pro92 50 per acre, and the amount received for said mote the public interest and welfare by the construe
A bill (H. R. No. 1399) granting increased land shall be paid by the State to said company, after tion of said railroad and telegraph line, and keeping i pension to William B. Edwards; deducting all the expense incurred by the said State the same in working order, and to secure to the Govin making such sales. And all sales so made shall be
A bill (H. R. No. 1400) granting a pension crument at all times, but particularly in timc of war made upon the following terms, namely, one fourth of the use and bencfits of the same for postal, military,
to Jonathan H. Perry ; the amount thereof shall be paid in cash at the time and other purposes. Congress mily at any time, hav- A bill (H. R. No. 1401) granting a pension of purchase, and the balance thereof shall be paid ing due regard for the rights of said San Francisco, to Joho La Marsh; by the settler in three annual installments with inter- Vallejo, and Iluinboldt Bay Railroad Coinpany, add est, not to exceed Neven per cent. per annuin, to, alter, amend, or repcal this act.
A bill (H. R. No. 1402) granting a pension until paid. And the Secretary of the Interior shall have power to prescribe rules and regulations for
Mr. CONNESS. Now I move that, the bill
to Catharine Skinner; carrying this act into effect, and no person shall bo be posi poned until to-morrow.
A bill (H. R. No. 1403) granting a pension deemed an actual settler who does not furnish cvi- The motion was agreed to.
to Helen L. Wolf; dence, iu such form as the Governor oi the State may
A bill (H. R. No. 1404) granting a pension prescribe, that it is his or her intention to enter
to William Smith; upon, improve, and reside upon the lands he or she may purchase: Provided further, That any alternate A message from the House of Representa- A bill (H. R. No. 1405) granting a pension even-numbered sections along the line of any rail
tives, by Mr. McPherson, announced that the to Elizabeth Lamar; way, wbich have not been sold or entered upon by actual settlers within ten years from and after the House had passed the following bills, in which
A bill (H. R. No. 1406) granting a pension survey and location of said railway, sball be dis- it requested the concurrence of the Senate: to Patrick Collins ; posed of on the same terms as other public lands of A bill (H. R. No. 614) for the relief of Mrs. A bill (61. R. Nó. 1407) granting a pension The United States. Sec. 3. And be it further enacted, That whenever Alice A. Dryer;
to John Gridley; said San Francisco, Vallejo, and lluinboldt Bay Rail- A bill (H. R. No. 851) granting a pension to A bill (II. R. No. 1408) granting a pension road Company shall have ten consecutive miles of Ann Williams;
to Catharine Gensler; any portion of said railroad and telegraph line ready
A bill (H. R. No. 886) for the relief of Mrs. A bill (H. R. No. 1409) granting a pension for the service contemplated, the Governor of the State of California shall certify to the Secretary of Mary J. Trueman ;
to Asa F. Holcomb; the Interior that ten consecutive miles of the said A bill (H. R. No. 991) for the relief of Za- A bill (H. R. No. 1410) granting back pen. road and telegraph line have been completed in a dock T. Newman ;
sion to the minor children of Joseph Berry; good, substantial, and workmanlike manner, as in all other respects required by this act; and thereupon
A bill (H. R. No. 1263) granting a pension
A bill (H. R. No. 1411) granting a pension patents of lands, as atoresaid, shall be issued to said to Joseph A. Fry;
to Polly W. Cotton ; State, confirming to the said State for the said com
A bili (H. R. No. 1295) granting a pension
A bill (H. R. No. 1412) granting a pension pany the title to said lauds situated opposite to and conterminous with said completed section of said to William J. Cotty, late of the twenty-first
to the cbildren of William R. Silvey; road. And from time to time, whenever ten additional Missouri infantry volunteers;
A bill (H. R. No. 1413) granting a pension consecutive miles shall have been constructed. coinpleted, and in readiness as aforesaid, and verificd as
A bill (H. R. No. 1315) for the relief of Seth to Jane Rook; and aforesaid to the President of the United Siates, then Lea;
A bill (H. R. No. 1414) granting a pension patents shall be issued to said State for the use of
A bill (H. R. No. 1331) for the relief of
to Sarah K. Johnson. said company, conveying the additional sections of lands as aforesaid, and so on as fast as every ten Nancy Cook, of Tennessee;
These bills were read twice by their titles, miies of said road is completed.
A bill (H. R. No. 1332) for the relief of and referred to the Committee on Pensions. Sec. 4. And be it further enacted, That said Vallejo Barbara Stout, of Tennessee;
ELECTORAL VOTES OF LATE REBEL STATES. aud Humboldt Bay railroad shall be constructed in A bill (H. R. No. 13824) granting a pension a substantial and workmaulike wanner, with all the
Mr. EDMUNDS. Now I call for the regnecessary draws, culverts, bridges, viaducts, crosto Sarah E. Ball, widow of James Ball, de
ular order. sings, turn-outs, stations, and watering-places, and ceased, late fireman on the steamer Vedette, all other appurtenances, including furnituro and connected with the Burnside expedition ;
The PRESIDENT pro tempore. The antin. ruiling-stock, equal in all respects to railroads of the tirst class when prepared for business, with rails of
A bill (H. R. No. 1383) granting a pension
ished business of the morning session is the the best quality; and a uniform gauge, being the to Miss Ann E. Hamilton, of Alleghany city,
joint resolution (S. R. No. 139) excluding from same as that of the Union and Central Pacitic ruil
the Electoral College votes of States lately in roads, shall be established throughout the entire
Pennsylvania, aunt and adopted mother of length of the road. And there shall be constructed James E. McKillip and Charles P. McKillip, lized. That joint resolution is before the Sen
rebellion which shall not have been reorgan: a telegraph line of the most substantial and approved | deceased, late soldiers in the Union Army: description to be operated along the entire line.
A bill (H. R. No. 1384) granting a pension
ate as in Committee of the Whole; and the And it shall be the duty of'tho San Francisco, Vallejo, and Huunboldt Bay Railroad Company to permit any to Mrs. Elizabeth Lane, of Boston, Massachu: || pending question is on the amendment of the other railroad which shall be authorized to be built setts, mother of John Lane, deceased, late a
Senator from Missouri, (Mr. Drake.] by the United States, or by the Legislature of the
Mr. DRAKE. With regard to that amendState of California, to form running connections with
private in company A, twelfth regiment Masit on equitable, just, and fair terms. sachusetts volunteers;
ment, in consequence of a suggestion made by SEC. 5. And be it further enacted, That the Presi- bill (H. R. No. 1385) granting a pension | adjourned, as to the use of the word "jusur
the Senator from Kansas just before the Senate dent of the United States shall cause the lands to be to Roslinda McCalee, widow of Barney McCa. surveyed for ten iniles in width on both sides of the entire line of said road, after the general route shall lee, deceased, late a private in company I, I rection, I have examined the
acts of 1861, and be fixed, and as fast as may be required by the con- tenth regiment New York cavalry volunteers;
the proclamation of the President in regard to struction of said railroad; and the said odd-numbered A bill (H. R. No. 1386) granting a pension || I had correctly used the word "
the insurrectionary States, and have found that sections of land hereby granted shall not be liable
"insurrection.' to sale or entry or preëmption after the line of said
to Hinman L. Hall; railroad is designated by a plat filed in the office of the A bill (H. R. No. 1387) granting a pension
I have now modified my amendment so as to Commissioner of the General Land Office, as provided to Elizabeth G. Hibben, widow of Rev. Samuel
embrace the very language of the acts and in section two of this act, except by said company, as provided in this act. And the reserved alternato Hibben, deceased, late a chaplain in the fourth
proclamations of 1861, and it reads thus : even-numbered sections shall not be sold by the cavalry regiment, Illinois volunteers;
"NoState whoso inhabitants were by the proclama
tion of the President of the United States of August Government at a price less than $2 50 per acre when A bill (H. R. No. 1388) granting a pension 16, 1861, dcclared to be in a state of insurrection, offered for sale. Sec. 6. And be it further enacted. That each and to Kate Higgins ;
shall be entitled to representation in the Electoral every grant, right, and privilego herein, are so made A bill (H. R. No. 1389) granting a pension
College for the choice of President and Vice Presi
dent of the United States, nor shall any electoral and given to and accepted by said San Francisco,
to Eliza Donnelly, mother of Dudley Don- vote be received or counted from any such State, Vallejo, and Humboldt Bay Railroad Company, upon and subject to the following conditions, namely: nelly, deceased, late colonel of the twenty. unless at the time prescribed by law for the choice
of such electors the State shall have been readmitted that the said company shall commence the work on eighth regiment infantry, New York State volsuid road within one year from the passage of this
to representation in Congress, nor unless the electors unteers ; act, and shall completo not less than ten miles per
shall have beon chosen under and by authority of a year after the second year, and shall corstruct, equip,
A bill (H. R. No. 1390) granting a pension State government theretofore recognized by Congress furnish, and complete the main line of the whole to Michael Reilly ;
as lawful and permanent, and not provisional." road by the 4th day of July, A. D. 1880.
A bill (H. R. No. 1391) granting a pension
Mr. EDMUNDS. I wish Senators to pay Sec. 7. And be it further enacted, That the United States make the several conditional grants herein, to Jane McNaughton;
a little attention, because the only object any and that the said San Francisco, Vallejo, and Hum- A bill (H. R. No. 1392) granting a pension of us have is to get the measure in the best boldt Bay Railroad Company accept the same upon to Chauncey D. Rose, father of Alvin J. Rose, form. I studied the subject somewhat myself the further condition that if the said company make any breach of the condition hereof, and allow the
late a sergeant-veteran in company A, second before the original resolution was introduced; samo to continue for upward of oue year, then in regiment of Ohio cavalry volunteers, who was and going over the debates of 1864 and 1865, such case, at any time hereafter, the United Statos
killed in action at Five Forks, Virginia, April and the various forms in which Senators i hen mily do any and all acts and things which may be needful and necessary to insure a specdy completion 1, 1865 ;
offered amendments to reach this same result, of the said road.
A bill (H. R. No. 1393) granting a pension | I thought it was altogether wiser to take what SEC. 8. And be it further enacted, That the accept- to Hugo Eichholtz;
was then settled upon as the foundation of ance of the terms, conditions, and impositions of this act by the said San Francisco Vallejo, and llumboldt
A bill (H. R. No. 1394) granting a pension this proposition, because men of all parties Bay Railroad Company shall be signified in writing to Daniel Sheets;
agreed to that form and voted for it. As I under the corporate seal of said company, duly executed pursuant to the direction of its board of direc
A bill (H. R. No. 1395) granting a pension stated to-day, it was maintained that in that tors, first had and obtained, which acceptance sball
to Esther C. C. Vangilder, widow of Charles form it was the true and proper expression be inade within one year after the passage of this F. Vangilder, deceased, late a private in com- of legislative will; and I would be glad to have
the Associated Press who have to-day, I see, so far as the prohibitory branch of it is con. the white men alone, when another set will reported my advocacy of the joint resolution, | cerned, the very language which is contained in come from the reorganized governments. It which was all I was entitled to, but who have the joint resolution now reported from the is, therefore, necessary to declare by law which omitted to report what I read as to the pre. Committee on the Judiciary, and which was of these two ostensible represeutations from vious opinions and declarations of the Senator | copied from that joint resolution. That resolu. such a State is to be received. from Kentucky and the Senator from Mary- | tion had a preamble which recited that the Then there is another provision in this amend. land and the Senator from Illinois-if is is not inhabitants and local authorities of the States ment that these States shall not be entitled to too much trouble to them, to put what they l of Virginia, North Carolina," and so on, recit. hold this election, and so on, until the States said, or the substance of it, into their report, ing them, rebelled against the Government "shall have been readmitted to representation because, as the report goes out to the country of the United States, and were in such con. in Congress.” It is a somewhat equivocal in the evening papers, the Senator from Ken- dition on the 8th day of November, 1864, that phrase. One gentleman would say that tucky is represented as contending that Con- no valid election for electors of President and meant until they had become entitled to repgress has not any power or jurisdiction what- Vice President of the United States, according resentation,'' and so far I should agree to it. ever over this question. I would beg of the to the Constitution and laws thereof, was held Another would say, my honorable friend froia Associated Press, as a favor to the country, therein on said day;'' and therefore Congress Pennsylvania with his keenness and clearness and for the cause of history, to put in the proceeded to resolve that “the States men- would say "that meant "until their Senators opinion of the honorable Senator from Ken- tioned in the preamble" were “not entitled to and members had been actually adınitted,'"} tricky delivered three years ago, in which he || representation in the Electoral College” at that that they could not hold an election although most clearly demonstrated that this was one election. That was the declaration. Now, they might have become entitled to be admit. of the subjects over which Congress had juris- this joint resolution stands precisely upon that || ted, and therefore next February, when the diction, and upon which they ought to act. position, which was then agreed to with the votes come to be counted, if the State of Ala
That having been settled in 1865, and in this concurrence of all parties, and merely declares, bama or North Carolina should happen to have very form that the resolution I have introduced | naming those same States, that they shall not voted in a direction that he should consider to setiles it, naming the States, and declaring now be entitled to representation unless they | be the wrong one or the unconstitutional one, what should be the rule as it respects those shall have organized themselves into a new and their Senators and Representatives had States, I thought it was altogether wiser upon | political community, and shall have thereafter not before the 3d of November actually taken a question of this kind that we should take once more been restored into the brotherhood their seats, he would say their votes under this that as the settled and proper form, and merely of States. It is a logical, necessary conse- provision were not to be counted. That may reënact it by declaring that the state of things quence of that legislation. Now, on a question or may not be a correct construction. It is which then existed still continued until those which is represented by the Senator from somewhat equivocal. It will bear either inter: communities should have restored themselves Illinois and several others to be a delicate pretation, whereas the object of this law is to according to the plan laid down by Congress. ll question, is it not wiser to take a settled form, provide against any such open question being
Mr. DAVIS. With the honorable Senator's and follow it in substance and in form, which raised and to determine by a rule which does permission, as he has relerred to the argument has been agreed to by gentlemen of all parties, not admit of any misinterpretation, no matter contained in the remarks which I made in than it is to resort to any new rule? I think how ingenious may be the person who would 1865, I beg to say that he is mistaken. I did it is : and it was so thinking, and after having wish to misinterpet it, what shall be done in not admit the power of Congress to decide tried almost all the experiments that my friend that contingency. whether a State bad the right to cast electoral from Missouri and my friend from New York Now, Mr. President, saying this, and only votes or not. What I admitted was that Con. have, that I came to the conclusion that it was saying it in the interest of getting that which gress might regulate the simple matter of com- wisest to follow what our predecessors had shall state what we propose in the clearest and puting the electoral votes. If I recollect what
most specific way, having the sanction of all 1 did say, and if I recollect what the honorable One very serious objection to the amend. parties for its form adopted in 1865, I feel Senator read this morning from that debate, ment proposed by the Senator from Missouri, obliged to oppose this amendment of my friend this was the extent of my position.
until he has now modified it in the light of from Missouri. Otherwise I have no objection Mr. EDMUNDS. To that I have only to later events. (which shows how unsafe it is to to his amendment or to that of my friend from reply by asking the reporters of the Associated pass upon an amendment in a hurry,) was that New York. What they desire I desire. Press to report exactly what the Globe shows as he proposed it it declared that
The PRESIDENT pro tempore. The questhat the Senator from Kentucky did say, which heretofore in insurrection'' should be entitled tion is on the amendment offered by the SenI read this morning, and the country then will to representation, &c. That leaves open the ator from Missouri. judge what his two positions are as distin. very question that we are trying to foreclose, Mr. DRAKE. On that I ask for the yeas guished between 1865 and 1868.
because our honored friends on the other side Mr. DAVIS. I am sorry that the honorable maintain that no State as a State ever has been The yeas and nays were ordered. Senator gives himself any trouble about what in insurrection or rebellion. That is the very Mr. DRAKE. I notice one feature of the the reporters of the Associated Press report of dogma upon which they hang all their hopes. || original joint resolution to which I desire to his remarks.
But my friend from Missouri has now modi. call the attention of the Senate. Simply that Mr. EDMUNDS. I do not.
fied it, so that as to that particular objection | if the Senate choose to put this matter upon Mr. DAVIS. I never give myself any trouble the difficulty is removed, and his amendment that basis, it will do so with a full knowledge about or any attention to what they report me now provides that “no State whose inhabit- of the exact position of things. The original as saying. I would as soon they should report ants were by the President's proclamation of resolution does not make the admission of the one thing of me as another, because I care not August 16, 1861, declared to be in a state of electoral vote of any of these States dependent what they do report, and 'I should hope the insurrection shall be entitled," and then copies upon the readmission of the Representatives and honorable Senator was as indifferent as I am in at quite a little distance the language of the Senators of these States to their seats in Conrelation to that matter.
original joint resolution. I do not now remem. gress, but upon the fact that the people of Mr. EDMUNDS. I have found no fault ber whether all these States were named in the such State and before the day of choosing the with the Associated Press as to reporting me. proclamation of 1861, I presume the Senator electors have adopted a constitution under They have always done me entire justice by from Missouri has looked to that.
which a State government shall have been or. condensing what I have to say into a very nar
Mr. DRAKE. Every one.
ganized and shall be in operation. Therefore, row compass indeed. What I was saying was Mr. EDMUNDS. That proclamation, as I Mr. President, we are to leave the matter, if that inasmuch as my honorable friend from remember it, was partial as to several States, the original resolution is adopted, at loose ends Kentucky is known over the whole country as omitting several districts in some of the States, so far as determining the question whether a public man and as a jurist, I hoped they and naming the others altogether. Of course these States are again admitted to representawould do the country the benefit of reporting || in a running debate in the Senate we can. tion in Congress. If I am wrong in this mat. what he did declare in 1865 as well as what lie not tell precisely how such a provision will ter the honorable Senator from Vermont will declared to-day. That is all.
apply. But still if Senators think it is better, correct me. Mr. DAVIS. I am obliged to the honorable instead of naming, as the joint resolution of Mr. EDMUNDS. I will correct my friend. Senator for his courtesy, and I hope he will | 1865 did, by name the very States that we What the resolution reported from the comextend it a little further by reading himself meant to operate upon, and in respect to which mittee provides is—that is the substance and all that I said on the subject.
as a matter of precaution there is a necessity effect of it-that when these States, Alabama Mr. EDMUNDS. I have done so with the for action, to pass a general formula, be it so. and North Carolina, and those that we have greatest satisfaction and instruction. Now, to Action is called for, not necessarily on account now provided may be admitted and yet whose come back to the precise point that is pending: of the violence that has been talked of, but Senators and Representatives have not come, when you have studied the debates of 1865 because according to the distinct announce- shall, under our law which authorizes them to and the form in which they were finally crys- ment of the Democratic press and of the Dem. come have complied with and become enti. talized into a statute, we find that our pre- ocratic leaders it is fairly to be presumed that tled to have their Senators and Representa. decessors at that time thought the wise and tbere is an intention to have a vote cast for tives in this Capitol, then they shall be enti. safe way was to say exactly what we did mean electors there by white men, as they call them, tled to cast their votes for President, and to as it respected the very States of which we not necessarily by overturning the other gov. have them counted. That is the proposition spoke, and it therefore declared that those ernments, but quietly, and on the ground that which the bill contains; and it is not indisStates, naming them, there having been votes by the laws of 1860, still in force as they say, pensable to their voting that their Senators and sent here from two of them, were not legally the white men are entitled to do that—to have | Representatives should actually have been entitled to be represented, using in the main, a quiet election and send on a set of votes from ll received, because according to ordinary expect
, and is quite certain that it enumerates Mr. WILLIAMS. must confess that I have
ation we shall propably have adjourned before Mr. CONNESS. Mr. President, I like the Mr. WILLIAMS. I have none whatever. the Senators and Representatives from all amendment of my friend from Missouri best in Mr. TRUMBULL. Then why should we those States will have been received here, as one respect, and yet I think there is a great pass a resolution declaring if they comply." a mere matter of time. Suppose we should ; deal of force in the last argument I have heard Mr. WILLIAMS. I think that there is obI do not know that we shall; but take it for from the Senator from Vermont. Is an amend- jection to including those States; but there is granted that we inay; my proposition is that inent to the amendment in order?
a suggestion which perhaps would have some having adopted the fourteenth article of amend- The PRESIDENT pro tempore. The amend- force upon the idea proposed by the Senator froin mieut, having got their governments in opera- ment is amendable.
Illinois, and that is, that it is not only necessary tion under this act of admission which has Mr. CONNESS. Then I beg to submit a under this resolution that these States shonld passed, as the Senate knows, and having taken slight amendment to the amendment of the be entitled to representation in Congress, but every step pursuant to our la' to put them || Senator from Missouri to strike out in the sixth it is necessary that electors should be elected selves upon their original restored footing, line the words “ been readınitted," and insert under the government that is recognized by they may be entitled to vote on the first Tues- in lieu thereof the words “become entitled." Congress. day of November, and let their Senators and I do not like that part of the committee's res- Mr. TRUMBULL. I should like to inquire Representatives come here and be sworn in, olution which recites the States. I prefer that again of the Senator from Oregon if he has any if they are not before, on the first Monday of they should not be recited. I like the style of expectation that anybody is to be elected in December, to which we shall adjourn when the amendinent best.
Arkansas or Florida under any other governwe do adjourn ; and that I think is right. Mr. WILLIAMS. I should like to inquire ment, or would give color or countenance to They ought not to be deprived of their vote of the Senator from Missouri if he has referred such an idea for a moment by passing a resofor whomever they may cast it, because we do
lution to provide against it. not interfere with that; nobody wishes to inter fere with it. They are perfectly at lib. the States that were in rebellion. I do not not much expectation that any such election erty to vote the Democratic ticket if they think wish to make any mistake on that subject. will be held in those States; but it is impossithey can carry the platform and candidates; Mr. DRAKE. I did so, and had the book ble to foresee what may happen, and from what nobody objects to that; but they ought to be here. I will have it again.
has been put forth to the country by very high permitted, when they have complied with all Mr. WILLIAMS. I prefer the phraseology | authority it is possible that revolutionary prothat Congress requires, and their Senators and employed by the Senator from Missouri in his | ceedings may be organized there for the purRepresentatives have become fully entitled to amendment, if it be true that that proclama- pose of carrying the presidential election. It be admitted, to then cast their vote for Pres- tion does refer to the eleven States that were at is possible, although I acknowledge it is not ident, although it may be three or four weeks one time in rebellion against the Government. very probable in my opinion, that the white afterward before those Senators and Repre- Mr. HOWARD. If the Senator from Ore- men of those States may undertake to hold a sentatives actually come in.
gon will listen a moment, I will read him a presidential election under the provisional gove Now, I understand my friend's construction clause from the proclamation:
eruments that were set up there by the Presiof his amendment to be the one I supposed • Now, therefore, I. Abraham Lincoln, President dent, and repudiate the governments that were might be put upon it, and he would require of the Uvited States, in pursuance of an act of Con- organized under the reconstruction acts of Conthat they should actually have come here and
gress, approved July 13, 1861, do hereby declare that
gress because they allow suffrage to the black been sworn in and admitted to their seats. I
Carolina, Virginia, North Carolina, Tennessee, Ala- men. I am very sure that proclamations have think that is going too far.
bama, Louisiana, Texas, Arkansas, Mississippi, and been made by men very prominent in the party Mr. DRAKE. I think that I can state the Florida, (except the inhabitants of that part of the State of Virginia lying west of the Alleghany moun
opposed to the reconstruction policy of Conwhole proposition in much fewer words than tains, and of such other parts of that State and the gress that some means were to be devised to those employed by my friend from Vermont. other States hereinbefore named as may maintain a overthrow and destroy these State governments Mr. EDMUNDS. I do not doubt that.
loyal adhesion to the Union and the Constitution, or
that were set up under the reconstruction acts Mr. DRAKE. It is simply this: whether by forces of the United States engaged in the disper
of Congress. Whether that attempt will be the Senate will agree to letting the electoral sion of said insurgents,) are in a state of insurrection made at the presidential election, or whether vote be counted in those States which have against the United States.'
those persons may suppose it most expedient not been declared by Congress to be entitled Mr. DRAKE. That is it.
to wait and see if their candidate is not elected, to representation here by the admission of Mr. HOWARD. Yes, that is it; but the || is more than I can determine. But if we are their Senators and Representatives, or whether Senator from Missouri will observe that the to have any legislation at all on this subject it they shall go on and elect upon their assump- proclamation contains exceptions. One excep- is desirable that it should be as explicit and as tion that they are entitled to be readmitted. tion is the whole of what is now West Vir | unambiguous as possible. There is the whole thing. The question is, iu | ginia, and then there are exceptions of parts I was about to say that these questions as to other words, whether we shall take their elect- of other States which are not in insurrection, whether or not these States have complied oral vote before we have ourselves recog. and those parts of States which are occupied | with the reconstruction acts of Congress, as to nized practically their right to readmission, or by the troops of the United States. It pre- || whether or not their electors were chosen whether we shall wait until after that practical sents a very complicated question.
under the governments that have been recogrecoguition has taken place.
Mr. DRAKE. When the proclamation ex- nized by Congress, must be questions to be Mr. EDMUNDS. My friend will permit || pressly declares that the inhabitants of those || decided, I suppose, by Congress when it prome to say that as to five States, North Caro- States were then in insurrection, with some ceeds to count the electoral votes, for there lina, South Carolina, Alabama, Georgia, and slight and inconsiderable exceptions, I should must be some tribunal or some body someLouisiana, who have not yet their Represent- hardly think there could be any question as to where to decide these questions in case a conatives here, by a bill we have passed they be the States referred to in the language of my | troversy should arise; and although I am not now readmitted and entitled to representation amendment.
so fully impressed with the necessity of this as soon as they adopt the fourteenth article of Mr. WILLIAMS. I am not altogether pleased || legislation as some other Senators, because it amendment; and as to one of them, Georgia, with the phraseology of the joint resolution re- seems to me that the power is in Congress at there is another little condition about notenfore ported by the Senator from Vermont, but at that time to pass upon all these questions, yet ing a particular article of her constitution, and the same time, since the reading of that proc. it is perhaps advisable to have some legislation that the Legislature is to vote upon it. No | lamation, I can see that a door will be left open on the subject, and I would prefer to have this matter for that. Then we have declared as to there for controversy, and it is desirable, if we joint resolution 80 constructed as to refer these five States that their constitutions are legislate upon this subject at all, to make our exclusively to those States that are not entitled satisfactory to us, that their people are justly | legislation clear, certain, and definite, so that to representation in Congress when this sesentitled to be remitted to self-government now. can be understood, and so as, if possible, to sion adjourns. That is the way the resolution If we should happen to adjourn before their avoid any future controversy on the subject. ought to read, and that is what it ought to Senators and Representatives get here, after I suppose that the object of this joint resolu- mean, and, not provide that certain States they have adopted the fourteenth article, I can tion is simply to provide that so many of the whose Senators and Representatives are now see no ground of justice on which they should States wbich were in rebellion as are not enti- in Congress, shall not, in a certain contin. be precluded from voting for President. If the tled to representation in Congress when this | gency, be entitled to representation in the Senate do, very well.
session of Congress adjourns shall not be | Electoral College. I have no time to suggest Mr. DRAKE. Then the matter stands in allowed to cast electoral votes for President | an amendment, but that would suit my views this way: we have declared that they may be and Vice President. That is the purpose of better than any of the propositions that have admitted upon the happening of a certain con- the joint resolution. I should prefer to have been submitted. I concur with the Senator tingency, may be admitted upon their doing phraseology employed less diffuse and more from Vermont that whenever a State is encertain things; and now the proposition is to pointed than that contained in this original joint || titled to representation in Congress it should give them the right to send in an electoral vote resolution. I suppose that it will be necessary be entitled to have its electoral votes counted here liefore we ourselves have declared that the for somebody or tribunal to decide this ques. || for President and Vice President; and if we conditions of admission have been complied | tion as to whether or not these several States should adjourn in a week or two before Senawith. I merely wish the Senate shall see have complied with the reconstruction acts of tors and Representatives from some of those sharply and distinctly the point of difference | Congress.
States are able to take their seats in Congress, between the two propositions, and if it is the Mr. TRUMBULL. I should like to inquire I do not think that therefore those States desire of the Senate to take the original instead of the Senator from Oregon if he has any should be denied the right to have their votes of my amendment, certainly with all cheerful- doubt as to whether Arkansas and Florida have counted for President of the United States. ness I will abide their judgment. complied.
Mr. DRAKE. I have concluded to accept