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THE OFFICIAL PROCEEDINGS OF CONGRESS, PUBLISHED BY F. & J. RIVES, WASHINGTON, D. C.
THIRTY-EIGHTH CONGRESS, 20 SESSION.
WEDNESDAY, JANUARY 25, 1865.
NEW SERIES.....No. 24.
appropriation in each particular case, or provide Court of Claims," &c., and to ask that it be con- the pending motions, for the previous question by a board or in some other way for ascertaining sidered now.
and to lay on the table, shall be voted down. the claims generally.
The SPEAKER. That cannot be done at this Mr. FARNSWORTH. I appeal to the genI do not think there was very much difference time.
tleman from Ohio (Mr. SPALDING) to withdraw touching the obligation of the Government to pay Mr. HALE. Then I ask that the bill be re- his motion and let us refer the resolution to the for property that was destroyed by the Army to committed to the Committee of Claims.
Committee of Ways and Means. preveni its falling into the hands of the enemy, The SPEAKER. The Chair will have the rule Mr. SPALDING. I withdraw my motion, or to prevent its being used as a matter of defense read. It is a question whether the objection does and shall vote against sustaining the previous to the enemy. But I want to make this sugges- not apply. The rule is imperative.
question. tion to the chairman: inasmuch as by the act of The Clerk read the rule, (a portion of rule 51,) Mr. FARNSWORTH. I move to refer the the Government these claims are united, and in- as follows:
joint resolution to the Committee of Ways and asmuch as the full investigation of the Senate and “On the call for reports from committees on each alter- Means. House of Representatives has been given to them, nnte Monday, which shall coinmenee as soon as the Jour- The SPEAKER. The motion is not in order is it not better to let both go together as a whole?
nal is read, all bills reported during the first hour after the
pending the demand for the previous question. There is no question about the right of the case; Committee of the Whole, and, together with their accom
The House divided on the demand for the preand may we not pass this joint resolution as it panying reports, printed; and it during the liour all the vious question, and there were ayes 31, noes 34; came from the other House without establishing committees are not called, then, on the next alternate Mon
no quorum voting. day, the Speaker shall commence where kuch call was susa precedent that will govern us hereafter? We pended: Provided, Tuat no bill reported under the call on
Tellers were ordered; and Messrs. WASHBURNE, do not want to take up each claim and decide it alternate Mondays and committed shall be again brought of Illinois, and GANSON,
wore appointed, now; but these necessarily came together; we before the House by a motion to reconsider.”
Mr. JOHNSON, of Pennsylvania. I would have examined them, and I think we may a8 well Mr. HALE. I withdraw the report.
like to inquire what is the present duty on paper? pass this resolution as it came from the House Mr. HOLMAN. I suggest to the gentleman The SPEAKER, The Chair cannot answer of Representatives, and then this case will never that he pursue the same course in reference to the that question. It is in the nature of debate. come before Congress or a commission again. joint resolution first reported by him.
The House again divided, and the tellers reMr. CLARK. I desire to say to the Senator Mr. HALE. I withdraw that also.
ported-ayes 56, noes 47. from Indiana that have not the least objection The SPEAKER. That can only be done by So the previous question was seconded. to allowing the whole claim if the Senate so de- unanimous consent.
The question recurred upon ordering the main cide; and he is entirely right, I think, when he No objection was made.
question to be now put. says that there was but very little difference Mr. SCHENCK. Do I understand that re- Mr. DAWES. I demand the yeas and nays. among the Senators composing the committee
ports made under this call must go upon the Cal- We want an opportunity to discuss this question, in regard to the justice of this class of claims; || endar without debate?
The SPEAKER. Debate is not in order. but as they pressed upon the committee in large The SPEAKER. That is the rule, and they The yeas and nays were ordered. numbers, the committee determined at an early day || cannot be brought back by motions to reconsider. Mr. FARNSWORTH. I move to lay the to bring a knowledge of that fact to the Senale so
CALL OF STATES FOR RESOLUTIONS.
joint resolution upon the table. that they might have some indication which they
Mr. COX. On that motion I demand the yeas may regard, and that is all they desire to accom
The call of the committees having been conplish by this amendment.
cluded, and no further reports being made, the Mr. GRIMES. I move that the Senate proSpeaker proceeded, as the next business in order,
The yeas and nays were ordered. ceed to the consideration of executive business. to call the States and Territories for resolutions
Mr. MORRILL. I would like to inquire The motion was agreed to; and after some and bills on leave, commencing, where the call was
whether it would be in order lo ask to be excused time spent in executive session, the doors were last suspended, with the State of Ohio.
from voting on this measure on the ground that reopened, and the Senate adjourned.
Mr. SPALDING. I desire to offer a resolu
the question is now pending before the Committee tion.
of Ways and Means. [Laughter.] The SPEAKER. Only one bill or resolution
The SPEAKER, The Chair will direct the HOUSE OF REPRESENTATIVES. can be offered by any member upon this call.
rule to be read, if the gentleman desires it. Monday, January 23, 1865. The gentleman offered one last Monday; but if
Mr. WASHBURNE, of Illinois. To relieve The House met at twelve o'clock, m. Prayer there be no objection, he can offer another now.
the gentleman, I will, if he desires it, move that by the Chaplain, Rev. W. H. CHANNING.
Mr. WASHBURNE, of Illinois. I must in.
he be excused from voting. The Journal of Friday last was read and apsist upon the regular order. I want the State of
The SPEAKER. The question is now on the Illinois to be reached.
motion that the joint resolution be laid on the proved.
The SPEAKER proceeded with the call.
table, on which the yeas and nays have been APPOINTMENT OF MEMBER OF COMMITTEE.
ordered. DUTY ON PAPER.
The question was taken; and it was decided in The SPEAKER announced that he had ap
Mr. WASHBURNE, of Illinois. I offer the the negative-yeas 43, nays 84, not voting 53; as pointed Mr. STEELE, of New York, to fill the following joint resolution:
follows: vacancy on the committee of investigation on certain charges against Hon. LUCIEN J. ANDERSON,
Be it resolved, &c., That in lieu of the duty on printing YEAS_Messrs. Alley, Ames, Ashley, Bally, Boutwell,
paper, unsized, used for books and newspapers exclusively, Broomall, William G. Brown, Cole, Creswell, Henry Winin place of Mr. J. C. ALLEN, excused.
now levied by law, there shall be levied, collected, and ter Davis, Thomas T. Davis, Dawes, Dixon, Eliot, Farns. paid, a duty of three per cent. ad valorem.
worth, Frank, Garfield, Griswold, Nale, ligby, Hooper, THANKS TO MAJOR GENERAL SHERIDAN.
The joint resolution was read a first and second
Jenckes, Kelley, Orlando Kellogg, Knox, Marvin, Me Bride, Mr. WASHBURNE, of Illinois. Mr. Speaker, time.
McClurg, Moorhead, Morrill, Amos Myers, Leonard Myers,
Charles O'Neill, Perham, Pike, Alexander H. Rice, John is it now in order to offer a resolution of thanks Mr. WASHBURNE, of Illinois. I demand H. Rice, Shannon, Spalding, Sievens, Thayer, Tracy, and to Major General Philip H. Sheridan? the previous question on the engrossment and
William B. Washburn-43. The SPEAKER. Not until after the morning third reading of the joint resolution.
NAYS—Messrs. James C. Allen, Allison, Ancona, An
derson, Arnold, Augustus C. Baldwin, Baxter, Beainan, hour. The Chair only enforces the construction Mr. FARNSWORTH. I hope that resolution
Blaine, Bayd, Brooks, James S. Brown, Ambrose W. Clark, of the rules made by ihe Committee on Rules at will not pass without some discussion upon it. Cobb, Coffroh, Cox, Cravens, Dawson, Dening, Denison, the last session.
It is too important to be decided under the pre- Donnelly, Eckley, Eden, Edgerton, Eldridge, Finck, GanMr. WASHBURNE, of Illinois. Then I give | vious question in this summary manner.
son, Grider, Harding, Ilarrington, Charles M. Harris, Her
rick, Holman, Asaliel W. Hublard, John H. Hubbard, Innotice that after the morning hour I shall submit The SPEAKER. The demand for the previous
gersoll, Philip Johnson, Kasson, Francis W. Kellogg, KerBuch a resolution. question cuts off debate.
nan, King, Law, Lazear, Le Blond, Long, Longyear, MalCALL OF COMMITTEES.
Mr. FARNSWORTH. I hope the previous Hory, McDowell, McIndoe, Middleton, Samuel F. Miller, question will not be sustained. This is a very
Morrison, Noble, Norton, John O'Neill, Orth, Patterson, The SPEAKER stated the first business in or
Pendleton, Price, Samuel J. Randall, William H. Randall, important question.
Robinson, Edward H. Rollius, Ross, Scheuck, Scofield, der to be the call of committees for reports to be Mr. WASHBURNE, of Illinois. I suppose Scott, Sloan, John B. Steele, Williain G. Stecle, Strouse, referred and not to be brought back by a motion | debate is not in order. I take it the House un.
Sweat, Townsend, Upson, Wadsworth, Elihu B. Washto reconsider.
burne, Whaley, Wheeler, cbllion A. White, Joseph W. derstands the question fully, and we may as well
White, Wilder, Wilson, Windom, and Yeaman--84. BENJAMIN ROACH. try the question now.
NOT VOTING-Messrs. William J. Alleu, John D. Bald. Mr. HALE, from the Committee of Claims,
Mr. BROOMALL. Is it in order to have this win, Blair, Bliss, Blow, Brandegee, Chanler, Freenian reported a joint resolution for the relief of Benresolution considered to-day:
Clarke, Clay, Driggs, Dumont, English, Gooch, Grimnell, jamin Reach; which was read a first and second
The SPEAKER. It is.
Hall, Benjamin G. Harris, Hotchkiss, Hulburd, Hutchins,
William Johnson, Julian, Kalbfleiscli, Knapp, Litucjohn, time, referred to the Committec of the Whole
Mr. BROOMALL. Being a joint resolution ? Loan, Marcy, McAllister, McKinney, William H. Miller, House on the Private Calendar, and ordered to
The SPEAKER. It is in order.
Daniel Morris, James R. Morris, Nelson, Odell, Perry, be printed.
Mr. SPALDING. I move to lay the joint res.
Pomeroy, Pruyn, Radford, Rogers, James S. Rollins, Smith, olution on the table.
Snulthers, Starr, Stiles, Stuart, Thomas, Van Valkenburgh, COURT OP CLAIMS.
Voorhees, Ward, Webster, willinis, Winfield, Benja
Mr. MOORHEAD. Is it in order to move to min Wood, Fernando Wood, Woodbridge, and WorthingMr. HALE. I am instructed to report from refer the resolution to the Committee of Ways
ton-53. the same committee an act supplementary to an act and Means ?
So the House refused to lay the resolution on entitled "An act to restrict the jurisdiciion of the The SPEAKER. It will be in order if both the table.
H. Randall, John H. Rice, Robinson, Rogers, Edward H. Rollins, James S. Rollins, Ross, Schenck, Scofield, Scott, Sloan, John B. Steele, William G. Steele, Sirouse, Sweat, Townsend, Upson, Van Valkenburghi, Wadsworth, Elilu B. Washburne, Webster, Whaley, Wheeler. Chilton A. White, Joseph'W. White, Wilder, Wilson, Windon, and Yeaman--98.
NAYS–Messrs. Alley, Ames, Baily, John D. Baldwin, Boutwell, Broomail, William G. Brown, Freeman Clarke, Cole, Creswell, Henry Winter Davis, Thomas T. Davis, Dawes, Dixon, Elioi, Farnsworth, Frank, Hale, Highy, Hooper, Jenckes, Kelley, Orlando Kellogg, Marvin, MeBride, Moorhead, Morrill, Daniel Morris, Amos Myers, Leonard Myers, Charles O'Neill, Perham, Alexander H. Rice, Shannon, Spalding, Stevens, Thayer, Tracy, Willian B. Washburn, and Williams-10.
NOT VOTING--Messrs. William J. Allen, Anderson, Asbley, Brandegee, Dumont, English. Goochi, Griswold, Hall, Benjamui G. Harris, Herrick, Hulburd, Hutchins, William Johnson, Kalbfleisch, knapp, Knox, Littlejolin, Loan, Marcy, McAllister, McClurg, McKinney, William H. Miller, James R. Morris, Nelson, Noble, Pike, Pomeroy, Pruyn, Radford, Smith, Smithers, Starr, Stiles, Stuart, Thomas, Voorhees, Ward, Winfield, Benjamin Wood, Fernaudo Wood, Woodbridge, and Worthington-41.
So the resolution was passed.
Mr. WASHBURNE, of Illinois, moved that the vote by which the resolution was passed be reconsidered; and also moved that the motion to reconsider be laid on the table.
The latter motion was agreed to. THANKS OF CONGRESS TO GENERAL SHERIDAŃ.
Mr. WASHBURNE, of Illinois. I ask unanimous consent to introduce a joint resolution.
Mr. BROOMALL. I objeci.
Mr. WASHBURNE, of Mlinois. I move to suspend the rules. It is a resolution of thanks to General Sheridan,
Mr. BROOMALL. Then I withdraw my ob
The SPEAKER. The question now recurs on ordering the main question to be now put, on which the yeas and nays have been ordered.
The question was taken, and it was decided in the affirmative-yeas 88, ways 44, not voting 48; as follows:
YEAS— Messrs. James C. Allen, Allison, Ancona, Anderson, Arnold, Ashley, Angustus C. Baldwin, Baxter, Beaman, Blaine, Bliss, Boyd, Brooks, James S. Browni, Ambrose W. Clark, Cobb, Cotiroth, Cox, Cravens, Dawson, Denison, Donnelly, Dringa, Lckley, Eden, Elgerton, Eldridye, Finek, Ganson, Grider, Grinnell, Harding, Harring. ton, Charles M. larris, Herrick, Holman, Asahel W. liubbaru, Joan I. Hubbard, Ingersoll, Philip Jolinson, Julian, Kasson, Keruall, King, Law, Lazear, Le Blond, Long, Longyear, Mallory, McDowell, Mcindoe, Middleton, Samuel F. Miller, Morrison, Noble, Norton, Odell, John O'Neill, Orth, Patterson, Pendleton, l'rice, Samuel J. Randall, William II. Randall, Jom 11. Rice, Robinson, Edward H. Rollins, James S. Rollins, Ross, Scotield, Scotl, Sloan, John B. Steele, William G. Steele, Strouse, Sweat, Townsend, Upson, Wadsworili, Elihu B. Washburne, Whaley, Wheeler, Chilton A. White, Joseph W. Wbile, Wilder, Wilson, and Yeaman-88.
NAYS-Messrs. Ames, Baily, Boutwell, Broomall, William G. Brown, Cole, Creswell, llenry Wluter Davis, Tlomas T. Davis, Dawes, Deming, Dixon, Eliot, Farnswortlı, Frank, Garfield, Gooch, Griswold, Hale, Highy, Hooper, Jenckes, Kolley, Orlando Kellogs, Littlejohni, Marvin, McBride, McClurg, Moorhead, Morrill, Daniel Morris, Amos Myers, Leonarel Myers, Charles O'Neill, Perhamn, Pike, Alexander II. Ric", Shannon, Spalding, Stevens, Thayer, Tracy, William B. Washburn, and WilIlans-41.
NOT VOTING-Messrs. William J. Allen, Alley, John D. Baldwin, Blair, Blow, Brandegee,Chanier, Freeman Clarke, Clay, Dumont, English, Hall, Benjamin G. Harris, Hoteh. kiss, Hulbord, lutchins, William Johnson, Kalbfleisch, Francis W. Kellogg, Knapp, Knox, Loan, Marcy, McAllister, McKinney, William II. Miller, Jaines K. Morris, Nelson, Perry, Pomeroy, Pruyn, Radford, Rogers, Schenck, Smith, Smithers, Starr, Stiles, Stuart, Thomas, Van Valkenburgh, Voorhees, Ward, Webster, Windom, Winfield, Benjamin Wood, Fernando Wood, Woodbridge, and Worthington—48.
When the call of the roll had been concluded,
Mr. ALLEY, who was not within the bar when his name was called, asked leave to vote.
Mr. HARRINGTON objected.
So the main question was ordered, which was on ordering the joint resolution to be engrossed and read a third iime.
Mr. SPALDING. I move that tie House adjourn; and on that motion 1 demand the yeas and nays.
Mr. BROOMALL, I was just going to make the game motion.
The yeas and nays were ordered.
Mr. MORRILL. Mr. Speaker, I rise for the purpose of asking unanimous consent lo make a suggestion to the gentleman from Illinois.
Mr. WASHBƯRNE, of Illinois. I do not object, provided I am permitted to reply.
Mr. RANDALL, of Pennsylvania. I object, unless we all have a chance to be heard.
The question recurred on the motion to adjourn.
The question was taken; and it was decided in the negative-yeas 13, nays 115, not voting 54; as follows: YEAS-Messrs. Baily, Cox, Henry Winter Davis, Thomas T. Davis, Dawes, Hale, Jenckes, Law, Moorlead, Alexander II. Rice, Spalding, Thayer, and William B. Washibur-13.
NAYS-Messrs. James C. Allen, Allison, Ames, Ancona, Anderson, Arnold, Ashley, Augustus C. Baldwin, John D. Baldwin, Baxter, Beaman, Blaine, Blair, Bliss, Blow, Boutwell, Boyd, Brooks, Brooinall, James $. Brown, William G. Brown, Ambrosé W. Clark, Clay, Cobb, Coffroth, Cole, Craveny, Creswell, Dawson, ' Deming, Denison, Dixon, Donnelly, Driggs, Eckley, Eden, Edgerton, Eliot, Farnsworth, Finck, Frank, Gooch, Harding, Ilarrington, Charles M. Morris, Herrick, lligby, Holman, Jon II. Hubbard, Ingersoll, Philip Johnson, Julian, Kasson, Kelley, Francis W. Kellogg, Orlando Kellogg, Kernai, King, Le Blond, LilleJohn, Long, Longyear, Marvin, McClurg, MoDowell, Alc. Indoe, Middleton, Samuel F. Miller.Torrill, Daniel Mor. ris, Morrison, Amos Myers, Lurd yes, avubic, Aur. ton, Odell, Charles O'Neill, Jolin O'Neill, Orih, Patterson, Perliam, Perry, Pike, Price, Simuel J. Randall, William H. Randall, John 11. Rice, Robluson, Rogers, Edward II. Rollins, James S. Rollins, Ross, Schenek, Scofield, Scott, Shannon, Sloan, John B. Steele, William G. Steele, Steyens, Strouse, Townsend, Tracy, Upson, Van Valkenburghi, Wadsworti, Liihn B. Washburne, Wheeler, Chile ton A. White, Joseph W. White, Williams, Wilder, Wilson, Windom, and Yeaman-015.
NOT VOTING-Messrs. William J. Allen, Alley, Bran. degee. Chanler, Freeman Clarke, Dumont, Eldridge, Eng. lisli, Ganson, Gartield, Grider, Grinnell, Griswold, Hall, Benjamin G. Harris, Ilooper, Iotelikiss, Asahel W. Hubbard, Ilulburd, Hutchins, William Johnson, Kalbfleisclı, Knapp, Knox, Lazear, Loan, Mallory, Marcy, McAllister, McBride, McKinney, William II. Miller, Jame: R. Mor ris, Neison, Pendleton, Pomeroy, Pruyn, Radford, Smith, Smithers, Starr, Suites, Stuart, Sweat, Thomas, Voorhees, Ward, Webster, Whaley, Winfield, Benjamin ivood, ferpando Wood, Woodbridge, and Worthington--34,
So the House refused to adjourn.
During the vote, Mr. JOHNSON, of Pennsylvania, stated that his colleague, Mr. Stiles, was absent from the city, and that he had no doubt if he were present he would vote for the adjournment.
Mr. HERRICK stated that his colleague was detained from the House by illness.
Mr. SLOAN moved that the reading of the list be dispensed with.
Mr. SPALDING objected.
Mr. VAN VALKENBURGH stated that his colleague, Mr. POMEROY, was absent on account of illness.
Mr. MORRILL stated that his colleague, Mr. WOODBRIDGE, was detained from the House by sickness in his family.
The vote was then announced as above recorded.
Mr. BROOMALL moved that when the House adjourns to-day it adjourn to meet on Wednesday next, and on that motion demanded the yeas and nays.
Mr. MORRILL. I hope the gentleman from Pennsylvania will withdraw that motion.
Mr. 'ELDRIDGE. I object to debate.
Mr. BROOMALL moved that the House do now adjourn; and on that motion demanded the yees and nays.
The yeas and nays were not ordered; and the motion was then disagreed to.
The joint resolution was ordered to be engrossed and read a third time; and being engrossed, it was accordingly read the third time.
Mr. WASHBURNE, of Illinois, demanded the previous question on the passage of the joint resolution.
The previous question was seconded, and the main question ordered.
Mr. RICE, of Massachusetts, moved that the resolution be laid upon the table.
Mr. HOLMAN demanded the yeas and nays.
The question was taken; and it was decided in the negative-yeas 42, nays 91, not voting 49; as follows:
YEAS-Messrs. Alley, Amcs, Baily, John D. Baldwin, Boutwell, Broomail, William G. Brown, Freeman Clarke, Cole, Creswell, Henry Winter Davis, Thomas T. Davis, Dawes, Dixon, Eliol, Farnsworili, Garfield, Hale, Highy, llooper, Jenckes, Kelley, Orlando Kellogg, Marvin, McBride, McClurg, Noorlieail, Morrill, Daniel Morris, Amos Myers, Leonard Myers, Charles O'Neill, Perham, Pike, Alexander H. Rice, Shannon, Spalding, Stevens, Thayer, Tracy, William B. Washburn, and Williams-42.
NAÝS-Messrs. Jaines C. Allen, Allison, Ancona, Anderson, Arnold, Ashley, Augustus C. Baldwin, Baxter, Beamun, Blaine, Blair, Bliss, Blow, Boyd, James S. Brown, Ambrose W. Clark, Clay, Cobb, Cotirou, Cox, Cravens, Dawson, Deming, Denison, Donnelly, Eckley, Eden, Edgerton, Eldridge, Finck, Frank, Ganson, Grider, Harding, Harrington, Charles M. Harris, Herrick, Holman, Asahel W. Hubbard, John !I. Hubbard, Ingersoll, Philip Johnson, Julian, Kasson, Francis W.'Kellogy, Kernan, King, Law, Lazear, Le Blond, Longyear, Mallory, McDowell, Mcindoc, Middleton, Samuel F. Miller, Morrison, Noble, Norton, Odell, Jolin O'Neill, Orth, Patterson, Perry, Price, Samuel J. Randall, Il'illiain H. Randall, Rogers, Edward II. Rollins, James S. Rollins, Ross, Schenck, Scofield, Scott, Sloan, John B. Sicele, William G. Steele, Strouse, Townsend, l'pson, Van Valkenburgh, Wadsworth, Elihu B. Washburne, Whaley, Wheeler, Chillon A. White, Joseplı W. While, Wilder, Wilson, Windoi, and Ycaman-91.
NOT VOTING-Messrs. William J. Allen, Brandegee, Brooks, Chanler, Driggs, Dumont, English, Gooch, Grinnell, Griswold, Hall, Benjamin G. Harris, Hotchkiss, Huiburd, Hutchins, William Johnson, Kalbfleisch, Knapp, Knox, Littlejoli, Loan, Long, Marcy, McAllister, McKinniey, William II. Miller, James R. Morris, Nelson, Pendle101, Pomeroy, Pruyn, Radford, John H. Rice, Robinson, Smith, Smithers, Sinrr, Stiles, Stuart, Sweat, Thomas, Voorbees, Ward, Webster, Winfield, Benjamin Wood, Fernando "lood, "loodbridge, and Worlbington—49.
The question recurring on the passage of the resolution
Mr. JENCKES demanded the yeas and nays.
The question was put; and it was decided in the affirmative-yeas 98, nays 40, not voting 44; as follows:
YEAS--Messrs. James C. Allen, Allison, Ancona, Arnold, Augustus C. Baldwin, Baxter, Beamnn, Blaine, Blair, Bliss, Blow, Boyd, Brooks, Janes S. Brown, Chauler, Ambrose W. Clark, Clay, Cobb, Coffroth,
Cox, Cravens, Dawson, Deming, Denison, Donnelly, Drigas, Eckley, Eden, Edgerton, Eldridge, Finck, Ganson, Garfield, Gri der, Grinnell, llarding, Harrington, Charles M. Harris, flolmail, Hotchkiss, Asabel W. Bubbaril, John H. Ilubbard, Irigersoll, Philip Johnson, Julian, Kasson, Francis W. KRlogy, Kerman, King, Law, Lazear, Le Blond, Long, Long. year, Mallory, McDowell, McIndoe, Middleton, Samuel F. Miller, Morrison, Norton, Odell, Jolm O'Neill, Orth, Patterzon, Pendleton, Perry, Price, Samuel J. Randall, William
Mr. WASHBURNE, of Illinois, then, by unanimous consent, introduced a joint resolution tendering the thanks of Congress to Major General Philip Sheridan, and the officers and men under his command; which was read a first and second time, and referred to the Committee on Military Affairs.
AMENDMENT OF THE CONSTITUTION. Mr. FRANK, by unanimous consent, presented a concurrent resolution of the Legislature of New York, proposing an amendment to the Constitution of the United States so as to abolish slavery; which was laid on the table and ordered to be
Mr. COX. I suppose such resolutions can be referred under the rule.
The SPEAKER. Resolutions from State Legislatures are generally received in the House and ordered to be printed. But the Chair is informed by the Journal Clerk that this resolution has already been printed.
Mr. FRANK. I think not.
The SPEAKER. If it has been printed, it will not be printed again.
Mr. SCHENCK. I rise to a question of privilege.
PRINTING OF AGRICULTURAL REPORT. Mr. HUBBARD, of Connecticut. I ask the gentleman from Ohio lo yield to me a moment.
Mr. SCHENCK. I will yield.
Mr. HUBBARD, of Connecticut. Task unanimous consent to introduce the following resolution:
Resolved, That the Committee on Printing be directed to inquire into the cause of the delay in printing the agricultural and mechanical report for the year 1863, and make a report thereon.
Mr. Speaker, it has been announced by a porlion of the press that these valuable reports have been printed and prepared for distribution, by reason of which, the farmers of the country are constantly calling for copies, and we are unable lo respond. I was informed on Saturday by the superintendent of the folding-room, that the members of the House were entitled only to ten copies each, to that time, and that the balance would not be ready for distribution iill some time in June next. I have offered the resolution to ascertain the reason of the delay, and that correct information may go to the country on the subject.
By unanimous consent the resolution was admilied, read, and agreed 10.
USE OF THE HALL OF TIE HOUSE. Mr. FARNSWORTH. Will the gentleman from Ohio yield to me to present a resolution?
Mr. SCÁLNCK. I will; but I cannot yield
Mr. FARNSWORTH. I ask unanimous consent to introduce the following resolution:
Resolved, that the use of the Hall of this llouse be given to Bishop Simpson, for the purpose of a lecture, on Wednesday evening next, the 25 in instant.
Mr. COX. I object to using the Hall for any purpose except that of legislation.
Mr. FARNSWORTH. I move to suspend the rules.
Mr. ROSS. What kind of a lecture is it to be?
Mr. FARNSWORTH. It is to be a moral lecture, and therefore I hope my colleague will not object. (Laughter.]
On the motion to suspend the rules, the House divided; and there being--ayes 54, noes 51,
Mr. ECKLEY demanded the yeas and nays.
So the rules were not suspended, two thirds not voting in favor thereof.
ENROLLED BILLS. Mr. COBB, from the Committee on Enrolled Bills, reported that the committee had examined and found truly enrolled bills of the following titles:
An act (H.R. No.607) to provide foran advance of rank to officers of the Navy and Marine corps for distinguished merit; and
An act (H.R. No.598) making appropriations for the consular and diplomatic expenses of the Government for the year ending the 30th of June, 1866; when the Speaker signed the same.
EXECUTIVE COMMUNICATION. The SPEAKER, by unanimous consent, laid before the House a communication from the Department of the Interior transmitting an account of the superintendent and agent of the southern superintendency having charge of refugee Indians; which was laid on the table, and ordered to be printed.
EXCHANGE OF PRISONERS. The SPEAKER also laid before the House an answer of the Secretary of War to a resolution offered on the 21st of December last, in regard to the exchange of prisoners; which was read, ordered to be printed, and referred to the Committee on Military Affairs.
Mr. SCHENCK. I am instructed by the Committee on Military Affairs to ask the unanimous consent of the House to offer the following resolution:
Resolvei, That the Committee on Military Affairs be authorized to send for persons and papers, and to examine winiesses, in their investigation as to the exchange and treatment of prisoners of war under luriner resolutions of this House,
There being no objection, the resolution was considered and agreed to.
BREACH OF PRIVILEGE. Mr. SCHENCK. I now rise to a question of privilege, and I ask first to have read at the Clerk's desk the proceedings before a police court in this city, as published in a newspaper of Washington yesterday morning, in relation to a member of This House.
The Clerk proceeded to read an article from the Sunday Chronicle.
Mr. MALLORY. I rise to a question of order. Can that be regarded as a question of privilege in this House?
The SPEAKER. The Chair cannot yet ascertain whether it is a question of privilege or not.
Mr.SCHENCK. After the reading of the proceedings I propose to offer a resolution.
The SPEAKER. The Chair would state to the gentleman from Ohio that the proper mode would be to offer the resolution first.
Mr. MALLORY. I should say so.
The SPEAKER. The Chair can then decide whether it is a question of privilege or not.
Mr. SCHENCK. I can do that; but I supposed that, as a statement by a member is sometimes made accompanying the resolution, this publication might be received as such statement, but as that is objected to I will offer the resolution first.
Mr. MALLORY. If I could understand that it was a question of privilege I would not object to the manner of its introduction.
The Clerk read the resolution, as follows: Whereas it is understood that on the evening of Friday, the 20th instant, A. P. Field, a citizen of Louisiana, did al tempt by language of intimidation, and by bullying, to deter
William D. Kelley, a Representative in this House from away; the Judge replied that he was the injured man, and
could not be tolerated. Mr. MALLORY. I raise the question of order (Despite this reminder of the court, Judge Field continthat the case set forth by the gentleman from Ohio ued, in the same style of language, to interrupt the witness does not bring the matter within the question of
will questions and remarks, which we deem it proper to privilege.
exclude from our columns.] The 'SPEAKER. The Chair would refer the
Judge Kelley said: I have other witnesses, but I suppose
their examination might be dispensed with. In view of gentleman from Kentucky to the 145th page of the fact that Judge Field has told many persons that lie The Digest. In the Twenty-Second and Twenty
would take my life, I ask that the bail be of so substantial Third Congresses it was decided that an assault
a character that I can feel I have protection while going
about my public duties. upon a member was a breach of privilege, and Justice Boswell said he should require Judge Field 10 even the use of menacing language toward a mem- find bail in the surn of $500 to answer the charge of assault ber out of the House. The Chair has looked and battery at the next term of court, and a further bail of at it since the point was raised by the gentleman
$1,000 to keep the peace toward Judge Kelley for the space
of six montis. from Kentucky, and the various precedents have Mr. John D. Hammack became his bail for the suns been there cited by the Journal Clerk of the House. named.
Mr. MALLORY. Tam happy to hear that we Mr. FARNSWORTH. I offer the following are surrounded with more safeguards for our pro- amendment, lo come in at the end of the resolution: tection than I had supposed.
And until the report of such committee shall be made, The Clerk then read the statement, as follows: the said A. P. Field shall be excluded from the privileges The Assault AND BATTERY UPON Judge Kelley.--The
of this tlour.
I understand that at present, by order of the
Mr.JOHNSON, of Pennsylvania. I think we
had better have him tried first. The committee Field. Most of the congressional delegation from Louis- will probably be able to report by to-morrow. jana were present.
We had better give this genileman a fair oppor-
tunity of making his defense.
Mr. FARNSWORTH. I think the facts are several friends. After a while we proceeded to Willard's sufficiently verified already for us to take this acHotel to supper. At first I did not recognize what persons
lion. Until the report of the investigating comwere at the table. Soon Judge Field asked, " Why do you keep us out in the cold? Why don't you admit us, like a
mittee can be made, this man ought to be excluded man?” Rather than appear rude, I simply said, “I have from the floor. nothing to do with admitting you; the question is in Mr. JOHNSON, of Pennsylvania. I do not the committee, and is not yet before the House.” Then he said, with an oath, “ Why do you not come up like a
like to see the precedent established that upon the inan and toe the line? I then remarked in subdued tones, mere reading of a newspaper article the House "Judge Field, if you will inquire of my friends, you will should take such action as this. Let us have a find I am in the habit of toeing the mark; of marching up full investigation of the matter, and I will go us to the line." He then broke out more violently, “ You dare not go home and face your constituency; you would
far as any gentleman will in making any ord r quail before them.” I replied, “ Judge Field, my constit
which may be necessary to protect any member uency will not rebuke nie for excluding a man like you, from any ihreat or violence from any blackguard who, before ladies, can act as you are doing.” He then, either inside the House or outside of the House, uttering another oath, quilted ihe room, remarking as he
whether it be upon this side of the House or upon did so, “I will hold you responsible; you shall feel me for thai." I left the supper room in about fifteen or twenty
the other side. minutes thereafter, and on passing into the hall saw Judge Mr. MOORHEAD. I desire to know from Field conversing with other gentlemen. On purpose to the Chair whether an amendment to the amendavoid him I endeavored to pass out the other way, but he saw me, and running to me, seized the collar of my coat
ment is in order. with his left hand, while with his right hand he struck me,
The SPEAKER. It would be if it were gerexclaiming as he did so, with an oatlı, “ You shall give me mane. satisfaction.” The blow appeared to strike to the bone,
Mr. MOORHEAD. Mr. Speaker, I dislike the and clear across it. I said, “You are an old man, and I wish you would go away; I do not want to strike you." appearance of the Pennsylvania delegation or of He then made a second effort to strike me, but Major Har- any member of it coming here invoking the proper seized his arm. Meanwhile I felt the blood trickling lection of the House. I dislike the asking of a down, (witness here exhibited the wound; it was about one and a half inch Jong, on the back part of the hand,
committee to investigate this matter. near the wrist.] People gathered around, and some at
Mr. COX. I would like to inquire whether tachés of the hotel insisied on my going away. I told them the amendment proposed by the gentleman from I was not the culprit; they should take the other man Illinois (Mr. FarNSWORTH) has been accepted isy away ; lie was the disturber. Juge Field went on the platform and talked with other gentlemen, saying he was armed,
the mover of the original resolution. and he could take care of himseil.
Mr. SCHENCK. I have no objection to it; Judge Field. Did you not tell me at the table to go back but I do not accept it. I leave it to the House. and tell the people oi Louisiana to send a inore decent man Mr. COX. Is it in order to debate it? there? Answer. I ultered no such words; what I said was, my
The SPEAKER. It is; and the gentleman constituency will not rebuke me for excluding such a man from Pennsylvania (Mr. MOORHEAD) is on the as you are, who behaves in the presence of ladies as you do. floor debating it.
Major Harper testified as follows: In the company of Mr. MOORHEAD. I think that this was so
nois, (Mr. FarxSWORTH,) and exclude Mr. Field
from the privileges of the Noor. I hope that will berure the House; Judge Field then said Judge Kelley be done promptly and by a unanimous vote of ought to toe the mark; a lady was sitting near, when Judge who would wish to be associated with a man.
the House. I do not think there is any member Field with an oathi, said, “You dare not go before your constituency; you would quail before them ;'' he then lett the table, saying he would sce loin outside and hold him who would be guilty of so gross an ourrage. But responsible. Suspecting there would be trouble, I came out I do not wish to have the thing magnified. The firsi to see where Field was, and it possible prevent i col. question as to whether this man has a claim to a lision; noticing the Judge sitting on the heater, I returned and told Judge Kelley loe nad belier go out by the side door;
seat here has not been examined; but I would as he was passing out, I observed Judge Field advancing have him immediately excluded from the privirapidly toward Juilge Kelley, and as I came up he struck leges of the House. I hope, therefore, that the with his right hand and grappled with his leli; on bis at- amendment of the gentleman from Illinois will be teinpt to strike the second blow, I saw the knife and arrested his arm; he wanted me to let go, but I would not;
adopted in place of the original resolution. I do a cierk belonging to the hotel wished Judge Kelley to go
not want to have any report from a commillue.
I want lo have this man excluded froin the floor, addressing a cliizen of your character and intelligence, and and there have done with the matter. I move one wiio las himself heen honored by the people with a scat that as a substitute for the original resolution.
in this blouse, il cannot be necessary that I'should add to
the duty enjoined upon me by dwelling upon the character Mr. SCHENCK. Mr. Speaker, I am sorry or consequences of the offense with which you have been to hear the remarks of the genileman from Penn-charged and found guilty. Whatever has a tendency to imsylvania (Mr. MOORHEAD) in reference to the pair the freedom of debate in this House, a freedom no less
sacred than the authority of the Constitution itsell, or to character of this proceeding. I hold that you
detract from the independence of the Representatives of the cannot magnify this proceeding in regard to its people in the right dischargc of their higli functions, you character. Whether Mr. Kelley, a member of are, no doubi, sensible, must, in the same proportion, the House, has been assaulied, or whether Mr.
weaken and degrade not only the Lrgislature of the nation
itself, but the character of our free institutions." Field or any one else has been admitted to the privileges of the floor, is a matter of the least pos- It is therefore, I say, a matter of very little Bible consideration, as is also the question whether consequence who has been assaulted, so far as Mr. Kelley comes from Pennsylvania or from he himself is concerned; a matter of very little Ohio, as compared with the greai question which consequence who is the person who has made underlies this whole proceeding which I propose
the assault; a matter of very little consequence to the House.
whether the person assaulted or others in this Mr. Speaker, I know how able my friend from House may or may not be able and willing to Pennsylvania (Mr. Mooriiead) is to protect him- defend themselves against personal attacks. I self. I have not spoken in this resolution of this trust there is no one here who would be craven man Field as having been admitted, by any former enough to permit himself to be drubbed at pleasresolution of the House, to the privileges of the ure by anybody outside for what he had done floor. I studiously excluded that, wishing to pre- here while waiting for the House to act; but over sent to the House ihe simple question-whether any and beyond that, and beyond the action of the citizen, of any State or of any country, can under- police courts of the country, arises this question lake to intimidate or prevent from the free exer- towering above all others, how far this House, cise of judgment and action on questions of legis- as a part of the legislative department of the Govlation a member of Congress of the United States. ernment, will sit quietly by and permit anybody I knew that that question had been distinctly to interfere with members and assault them or raised in the case of Sianbery and Houston in undertake to intimidate and bully them and deter 1831-32, and that the House, against its political them from the free course of legislation here, and character-it being then largely Democratic- the part which they have taken, and which it is maintained the ground that an attack made upon their duty to take, in that legislation. a member for words spoken in debate on this floor Mr. COX. Mr. Speaker, there is, I think, no was such a breach of the privileges of the House onc upon this side of the House who does not as should be visited by punishment. After a long believe that this is a question of privilege. There investigation at the bar of the House, Houston is no one upon this side of the House,
so far as I was brought before the bar of the House of Rep- am aware, who would object to the motion as resentatives and publicly reprimanded for his con- made by my colleague froni Ohio; and I think that duct by Mr. Stevenson, the Speaker, according the compliments of the House are due to the gento the order which the House had made. In that tleman for having presented this matter in the reprimand, which I commend to the consideration proper shape and with its proper dignity. But I of the gentleman from Pennsylvania, (Mr. Moor- ihink that ihe motion of the gentleman from Illihead,j Mr. Stevenson, with all his political affin- nois (Mr. FARNSWORTH) will tend to embarrass ilies and prejudices in favor of the culprit, look the matter somewhat, because it prejudges the occasion, nevertheless, to speak in noble terms of case; it debars a quasi member, or a man who the immense importance of protecting and defend- secks privileges upon this floor, already granted ing free speech and free legislution in the House 10 some extent, from coming here to present the of Representatives against any attempt at intimi- claims of his constituency and tlie claims of his dation from any citizen or other person.
Slate. I would not, sir, be instrumental in deMr. DAWES. If the gentleman from Ohio barring any one from presenting a case like that to will yield to me I will cite another instance that be presented from the State of Louisiana. Whatoccurred in the other branch of Congress. When ever may be my opinion in the matter, I would not the late Senator Shields was elected, as he so far prejudice or prejudge the case as to rule out claimed, Senator from the State of Illinois, and this man merely on the lestimony as presented. when his seat was contested on the ground that First let us have this examination; lei us know he was not naturalized within the constitutional just what is the grievance complained of; let us period, some one wrote a threatening letter to him know how far this man has violated the privilege and the Senate took action on it similar to that pro- l of this House, cither by intimidation or otherwise, posed here.
and then the House will be prepared to take action Mr. SCHENCK. The precedent to which I upon the case. The man who is inculpated should have referred is not by any means the only one;
also be heard, not on his own account, but on acbut it is one dating as far back as 1831-32, to which count of the constituency that he claims to repreI believe every other since that time has con- sent. I think that the gentleman from Illinois will formed.
see the propriety of withdrawing his amendment Now, it is true, perhaps, that this man, A. P. and allowing the resolution of my colleague to be Field, who has made the assault upon a member, l) passed, so that an examination may be made and has been admitted to some privilege upon this
a fuir hearing given to the man inculpated. Every floor, as one claiming a seai here as himself a man is entitled to be heard fairly before adjudged Representative of ihe people. I have taken care or convicted; and the amendment of the genileman not to mention that in the resolution, because I
from Illinois (Mr. FARNSWORTH) goes upon the desire that, if such should be disclosed as a part
idea that this man is already guilty. Perhaps he of the history of the case and of the relation of is; but let us first have an examination into ihat, that individual to this House, it should come in and then we will be prepared to vindicate the by way of aggravation of his offense, just as, in privileges of the House. the case of Houston, the fact that he had been Mr. Speaker, I do not know that I would bring himself a member of Congress before the time my case, if I had one, before the members of this of his making this assault upon one who was body. I think that I would be prepared, owing then a member, was cited by Mr. Stevenson, the to my physical capacity, to defend myself under Speaker, as a reason why he particularly had in- the circumstances. (Laughter.] curred the just censure of the House, being a man But that is not the question before us. The who ought better to have understood the privi- || gentleman from Pennsylvania over there-I refer leges of the legislative body:
to the gentleman from Pittsburg (Mr. MoorI beg leave to read, in reply mainly to the sug- | Head)-having a ponderous frame, having the gestion made by the gentleman from Pennsylva- | ability to defend himself, does not feel the case nia, some of the remarks made by Mr. Steven- as it comes home to me and other members upon Bon, of Virginia, Speaker of the House, (afterward | this floor. There is a dispute as to the facts apminister to England,) in reprimanding Houston: parent already on the first reading. The gentle"If, in fulfilling the order of the House, I were called
man from Pennsylvania claims that there was inupon, as its Presiding Officer, to reprimand an individual
timidation of him and his action upon this floor. uiicducated and unincred, it might be expected that I The party inculpated says that he did not intend should endeavor, as far as I was able to impress upon him the imporiance and propriety of sedulousty guarding from
to intimidate the action of the gentleman from violation the rigtits and privileges secured zo the meinbers
Pennsylvania. Let us have the issue fairly underof us lleuse by our inyalyable Constitutiou; but what I stood, and then the House will be prepared to act
on the subject. But I will not prejudge the case by voting for the amendment of the gentleman from Illinois.
MESSAGE FROM THE SENATE. A message was received from the Senate, by Mr. Forney, its Secretary, notifying the House that that body further insisted upon its amendments to House bill No. 620, to supply deficiencies in the appropriations for the service of the fis. cal year ending ihe 30th of June, 1865, disagreed to by the House, asked a further conference on the disagreeing votes of the two Houses thereon, and had appointed Messrs. CLARK, TRUMBULL, and Powell the commillee of conference on the part of that body;
That it had passed bills of the following litles, in which he was directed to ask the concurrence of the House:
An act (S. No. 402) to repeal an act entitled “An act to remove the United States arsenal from the city of St. Louis, and to provide for the sale of the lands on which the same is located;" and
An act (S. No. 136) for the relief of A. T. Spencer and Gurdon S. Hubbard;
That it had passed House bill No.94, for the relief of Isaac R. Diller, with amendments, in which he was directed to ask the concurrence of the House;
That it had passed House joint resolution No. 140, authorizing the Secretary of the Treasury to give the necessary notice stipulated pending the intention of the United States to purchase the building known as the Merchants’ Exchange, New York city, now used for custom-house pur. poses, withoui amendment;
That it had agreed to the amendment of the House to Senate joint resolution No. 98, to present the thanks of Congress to Major General Alfred H. Terry, and the officers and men under his command; and
That it requested the return of Senate bill No. 212, for the relief of Henry A. Brigham.
BREACII OF PRIVILEGE-AGAIN. Mr. THAYER. Mr. Speaker, I desire to call the attention of the House to the fact that in Houston's case, which has been referred to by the gentleman from Ohio who introduced this resolution, immediately on the communication being presented to the House from Mr. Stanbery, member of Congress from Ohio, Mr. Vance, one of the Representatives from the State of Ohio, moved the following resolution:
“ Resolved, That the Speaker do issue his warrant, directed to the Sergeant-at-Arms attending this House, commanding him to take in custody, wherever to be found, the body of Samuel Houston, and the saine in his custody to keep, subject to the further order and direction of this House."
The resolution was read; and after debate thereon a motion was made by Mr. Speight to amend the same by striking out all after the word “resolved," and inserting the following:
" That a select committee be appointed, to whom shall be referred the communication of Hou. William Stanbery, a member of this House from the State of Ohio, in relation to an assault and battery committed on him by Samuel llous. lon, with power to take such steps as will insure a thorough investigation of the transaction.”
Afier further debate, the question was put on Mr. Vance's original resolution, and it was adopted on the mere communication from a member of this House who had been assaulted. This House, by a large majority, adopted the resolution of Mr. Vance, and commanded the Speaker of this House to issue his warrant for the immediate arrest of the offender, and his compulsory attendance before the House lo answer for a high breach of its privileges.
There is another case which occurred at the second session of the Twenty-Third Congress, in which Mr. John Ewing, a member of this House, was assaulted by John F. Lane, a lieutenant of the United States Navy, and on the communication of the fact to the House, the House immediately asserted its jurisdiction and took all the proceedings in the premises.
Now, sir, it is objected by the gentleman from Ohio (Mr. Cox) that the amendment of the genlleman from Illinois presupposes the guilt of the defendant. The principle upon which this House has heretofore acted in cases of this kind is this: that where a prima facie case has been shown to the House of a breach of its privileges, this House will act immediately by an arrest of the offender, and bringing him to the bar of the House to an- sentative to act according to his best conscience by Mr. Stanbery; and after a full examination of swer for his high offense. That was done in the in regard to the rights and interests of his con. Houston, himself, at the bar, he was again withHouston case. He was immediately brought to stituents on political questions which come before drawn, and the House proceeded to consider the bar of the House.
the House, are of so 'sacred a character that the what they would do. A Voice. He was a member.
House will rebuke the first intimation of an inva- Now, it so happened that Houston, having Mr. THAYER. No, sir; I beg the gentle- sion of them in attempting to influence the con- been a member of the House, had the privilege man's pardon; he was not a member of the House, duct of a member of ihis House by an appeal to of the floor at that time. There was a proposibut he had been a member. And, sir, I suppose violence. It is upon this principle that this House tion to exclude him from the privileges of the floor that the case of a man who is here asking for ad- has always acted. It is upon this principle, I trust, | pending the consideration of his case; but after mission to this House presents quite as strong a that the House will act now; and I hope that the ihe case had been fully heard a motion was made case for the action of this House as that of a man House will not show by its action in the present that he be punished in this form: first, that he be who had been a member of the House.
case that it is behind the 'Twenty-Second Congress brought to the bar of the House, and reprimanded But the action of the House has never been in its appreciation of its own dignity and self-re- by the Speaker for the assault made on a memconfined to cases of assaults committed by a mem- spect, and in the assertion of its determination to ber of the House; and second, that he be deprived ber upon a member. The cases are numerous on bring to immediate justice anybody who outrages of the privileges of the floor under-I think it the Journal of the House in which the House has the rights of the people in the person of the Repre- was-the 13th rule. The House, it being in high asserted its determination to maintain its privi- || sentative. Sir, I hold that while this inquiry is party times, voted down that part of the punishleges and its dignity by arresting and bringing to | going on, and in the face of the prima facie case ment which excluded him from the floor; but it its bar, and trying and punishing anybody, it which has been presented to the House, the per- did adopt the resolution directing the Speaker to makes no difference who, who is guilty of a breach son who has been charged with this offense should reprimand him, and he was punished accordingly. of the privileges of this House. There can be no be excluded from the privileges of the floor of this So that not only did the House notexclude Housgreater breach of the privilege of this House than House.
ton from the floor during the progress of the inan assault upon a member of the House for his Mr. Cox. Mr. Speaker, I wish to add only a quiry, but when that was proposed as a form of political action.
word or two. I think my colleague (Mr. SCHENCK] punishment it was voted down. That happens Now, I suggest to the gentleman from Ohio (Mr. || has followed the precedenis laid down in the Hous- io be the fact in regard to Houston's case, who Cox) if the House of Representatives was justi- lon and Stanbery case, and that he intends to give himself had the privilege of the floor as an exfied in Houston's case, upon the simple statement a fair chance for an examination of this case before member, just as Field has now the privilege of of Mr. Stanbery, a member of the House, in he proceeds to afix a penalty. That case of Hous- the floor by an express resolution of the House. ordering its Sergeant-at-Arms to take Mr. Hous- ton and Stanbery was a case that excited a great It was for that reason that I left out everything ton into custody, and bring him immediately to deal of interest at the time. It is well known, and relating to Field's having the privilege of the floor, its bar for trial, where he was tried and punished, especially in my own district, for Stanbery. hap- intending to leave that part of it for a future prothat we do not go beyond the precedent simply | pened to be a predecessor of 'mine in the district ceeding. If it be thought that part of the punin passing a resolution that the gentleman who is which I formerly represented, and he never came ishment should be to deprive him of the privaccused of having committed this breach of privi- || back to Congress because he submitted to this ilege of the foor, I, for one, shall think it a proper Jege shall be excluded from the privileges of the || Aagellation by Houston. But the resolution of. mode of punishment, and a very small part of floor of this House during the examination which fered by Mr. Davis, of Massachusetts, in that case what should be extended to him. But I did not is contemplated by the resolution before the House. looked to a fair hearing before punishment., An propose that that should be done in the first
Mr. CÓX. Do I understand the gentleman to order was made that Houston should be placed instance. say that he would vote for this amendment as a at the bar of the House and that the letter of Stan- Again, the gentleman is mistaken in this; but punishment, without giving the gentleman from | bery should be read to him; after which the it is only to be accounted for by the fact that it Louisiana a hearing upon this floor?
Speaker put to him certain interrogatories. Here was in high party times. Mr. Stanbery comMr. THAYER. Not at all.
is one of them: “Do you deny oradmit that you. municated by letter to the House that an assault Mr. Cox. Then you are not in favor of the assaulted and beatihe said Stanbery, as he has rep- had been made upon him by Mr. Houston, a citamendment ?
resented in the letter which has been read, a copy izen, near his lodgings on Pennsylvania avenue. Mr. THAYER. I favor it upon this ground: l of which has been delivered to you by the order On the motion being made to arrest Houston, a I think that no man against whom a prima facie of the House?” This was preliminary to pun- discussion arose, and it was questioned whether case is made out by a member of this House of ishment. But the gentleman proposes to hang there was sufficient showing for the action of the an assault upon him in the exercise of his repre- the man first and try him afterward. That is not House in the written statement of the member; sentative privileges, is fit to come into this House fair; it is not according to the rules of criminal and some of the colleagues and friends of Mr. while he rests under that charge. If the investi- || jurisprudence.
Stanbery yielded a point which I think I never gation shall prove that the charge is groundless, Mr. THAYER. The gentleman will allow me would have yielded, and in the midst of the disthat there has been an error of fact, I will be as to say that I do not propose to do any such thing. cussion they sent out Mr. Stanbery and had an quick as anybody to vote to restore the gentleman I do not propose to punish this man until he be affidavit made of the truth of the facts stated in the to the privileges of which he is deprived. But I || duly convicted; but I do propose, after a prima letter. All that is obviated here, however, bemaintain that a proper assertion of the dignity | facie case is made out against him, to exclude him cause the testimony which I have introduced is and self-respect of this House requires, when from the floor of the House until investigation already sworn to. I do not think that any mema prima facie case is made against a man of an shall prove him innocent.
ber has objected to it on the ground of its not assault committed upon a member of this House Mr. Cox. Well, I look upon that as a pen- being sufficient. I think I should prefer that Mr. for the exercise of his privilege as a Representa- || alty, as a punishment, and perhaps the only pun- Field should be brought to the bar of the House tive, that that man shall not be permitted to come ishment that this House can inflict upon him. by the Sergeant-at-Arms, as was done in Hous. into this House until he has cleared his skirts of The only connection he has with the House is lon's case; but, on consideration, I supposed that the charge preferred against him.
the privilege of the floor which the House has the other was a better mode. I should not object I have only to add that the present circum- || granted him.
to an amendment proposing that Field should be stances place this case in as strong a light as the Mr. SCHENCK. Will my colleague yield to brought to the bar of the House instead of what case of Houston. Although no communication me for a moment?
is proposed by my resolution; but in regard to has been addressed to this House by my colleague, Mr. COX. Certainly, sir.
the other matter of excluding him from the floor who was subjected to this gross and brutal insult, Mr. SCHENCK. Mr. Speaker, I have made now, it is not only, as my colleague [Mr. Cox] yet the testimony of that gentleman, given before myself familiar with this Stanbery case, and in- has said, anticipating the decision and giving ihe tribunal which examined into the charge, has deed I had a pretty lively recollection of that case punishment before inquiry, but it is, so far as been read within the hearing of my colleague, || from its political aspect; for, although then a very Houston's case is concerned, directly in face of and he has not denied its correctness, and, by re- young man, I was connected with one of the the precedent where the House refused to take maining silent, he has given his acquiescence to members here who was very active in the course away from him the privileges of the floor. the correctness of the report. Members of the of this proceeding, in seeing that proper action of Mr. FARNSWORTH. Mr. Speaker, if this House, then, in my opinion, are bound to take the House was had as against Houston.
were a proceeding like the proceeding in the case the statement which has been read within the The member from Pennsylvania (Mr. THAYER] of Houston, where the Speaker was directed to hearing of the gentleman from the fourth district is right in this, that in that case, instead of ap- issue his warrant for the immediate arrest of the of Pennsylvania (Mr. KELLEY) as the statement pointing a committee in the first place to inves- offender, there would be, of course, no propriety of the gentleman himself. It is the record of his ligate and report to the House, a warrant was in refusing the individual the privilege of the floor, own testimony; it is a record which, by listening | immediately issued, and Houston was brought because, in such case, he could only come on the to here, he indorsed as correct; and therefore it to the bar of the House. I have no objection at floor under arrest. The resolution offered by the stands before the House in as strong a light as if | all to that course being pursued now. I thought gentleman from 'Ohio (Mr. SCHENCK) is for the the gentleman from the fourth district of Penn- that perhaps the one which I have proposed appointment of a committee to investigate the sylvania had sent a written communication to this might save time and accomplish the end as well. ease and report upon it to the House. This inHouse, informing this House of all the circum- That was my only reason for deviating from that dividual is not entitled, by right, to the privileges stances of the assaulthe manner in which it was
particular precedent. After Houston had been of the floor; nor is there any rule of the House done by Stanbery in the Houston case.
brought to the bar of the House, however, a com- entitling him to it. There is only an order of the The House cannot be too jealous of its dig. mittee was appointed, at the head of which was House giving him that courtesy. It does seem nity and its rights. We do not inquire in regard || Mr. Davis, of Massachusetts, to report what pro- to me that where a prima facie case like this is to a private injury. It is upon no such idea that ceedings the House would take in the case. That made out by the statement of the aggrieved party the action of this House is predicated. It goes committee reported that Houston, who had been from Pennsylvania, it is eminently proper that. upon higher grounds, and those grounds are chat sent from the bar while the matter was being dis- this courtesy, heretofore extended to the culprit, the rights of the people in the keeping of their cussed, should be again brought to the bar and should be withdrawn until the case shall have Representatives here upon the floor of this Hall, certain questions put to him in succession, touch- been investigated. as well as the untrammeled liberty of the Repro- ll ing his admission or denial of the charge made I do not propose to reply to the argument of