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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.

and nays.

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 ils 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 Goverument these claims are united, and in- as follows:

joint resolution to the Committee of Ways and asmuch as the full investigation of the Senale and “On the call for reports from committees on each alter- Means. House of Representatives has been given to them, nnte Monday, which shall comience as soon as the Jour- The SPEAKER. The motion is not in order is it not belter to let both go together as a whole?

nal is read, all bills reported during the first hour after the
Journal is read shall be cominilled, without debate, to 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 pot called, then, on the next alternate Mon

no quorum voting. day, the Speakersball commence where such call was susa precedent that will govern us hereafter? We pended: Provided, That no bill reported under the call on

Tellers were ordered; and Messrs. WASHBURNE, do not want to take up cach 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 88 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 I 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. DA WES. 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 Senate 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 con-
plish by this amendment.
cluded, and no further reports being made, the

The yeas and nays were ordered.
Mr. GRIMES. I move that the Senate pro-
Speaker proceeded, as the next business in order,

Mr. MORRILL. I would like to inquire ceed to the consideration of executive business.

to call thie States and Territories for resolutions The motion was agreed' to; and after some and bills on leave, commencing, where the call was

whether it would be in order to 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. The Chair will direct tho The SPEAKER. Only one bill or resolution 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 Minois. 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 cer

Be it resolved, &c., That In lieu of the duty on printing YEAS-Messrs. Alley, Ames, Ashley, Bally, Boutwell, tain charges against Hon. LUCIEN J. ANDERSON,

papur, 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, Male, lligby, Hooper, THANKS TO MAJOR GENERAL SHERIDAN.

The joint resolution was read a first and second

Jenckes, Kelley, Orlando Kellogg, Knor, Marvin, McBride, Mr. WASHBURNE, of Illinois. Mr. Speaker, time,

McClurg, Moorhead, Morrill, Amos Myers, Leonard Myers,

Charles O'Neill, Perham, Pike, Alexander II. Rice, John is it now in order to offer a resolution of 'thanks Mr. WASHBURNE, of Illinois. I demand H. Rice, Shannon, Spalding, Stevens, 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, Boyd, 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, Coffrotii, Cox, Cravens, Dawson, Deniing, 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, Harrington, Charles M. Harris, Her

rick, Holman, Asahel 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, Kersuch a resolution. question cuts off debate.

nan, King, Law, Lazear, Le Blond, Long, Longyear, MalCALL OF COMMITTEES. Mr. FARNSWORTH. I hope the previous | fory, McDowell, McIndue, Middleton, Samuel F. Miller,

Morrison, Noble, Norton, John O'Neill, Orth, Patterson, question will not be sustained. This is a very The SPEAKER stated the first business in or

Pendleton, Price, Samuel J. Randall, William H. Randall, important question.

Robinson, Edward H. Rollius, Ross, Schenck, Scofield, der to be the call of committees for reports to be Mr. WASHBURNE, of Illinois. I suppose Scott, Sloan, Jolm B. Steele. Williain G. Steele, 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, Cullion A. White, Joseph W. derslanuls 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. BaldMr. HALE, from the Committee of Claims,

Mr. BROOMALL. Is it in order to have this win, Blair, Bliss, Blow, Brandegee, Chanler, Freeman reported a joint resolution for the relief of Benresolution considered to-day?

Clarke, Clay, Driggs, Dumont, English, Gonch, Grinneli, jamin Reach; which was read a first and second

The SPEAKER. It is.

Hall, Benjamin G. Harris, Ilotclikiss, Hulburd. Hutchins,

William Johnson, Julian, Kalbfleiscli, Knapp, Littlejohn, time, referred to the Committee of the Whole

Mr. BROOMALL. Being a joint resolution? Loan, Marcy, McAllister, McKinney, Williarn 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

Poncroy, Pruyn, Radford, Rogers, James S. Rollins, Smith, olulion on the table.

Smulthers, Starr, Stiles, Stuart, Thomas, Van Valkenburgh, COURT OF CLAIMS.

Voorlees, Ward, Webster, Williams, Winfield, Berija

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 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.

a

ton-53.

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, vays 44, not voting 48; as follows:

YEAS— Messrs. James C. Allen, Allison, Ancona, Anderson, Arnold, Ashley, Augustus C. Baldwin, Baxter, Beaman, Biaine, Bliss, Boyd, Brooks, James S. Browni, Ambrose W. Clark, Cobb, Cotiroth, Cox, Cravens, Dawson, Denison, Donnelly, Dringe, Lekley, Eden, Eilgerton, Eldridge, Finck, Ganson, Grider, Grinnell, Harding, Harring. ton, Charles 11. Barris, Herrick, Holman, Asahel W. liubbaru, John II. Hubbard, Ingersoll, Philip Johnson, Julian, Kasson, Keruali, King, Law, Lazear, Le Blond, Long, Longyear, Mallory, McDowell, Mcindoe, Middleton, Samuel F. Muler, Morrisont, Noble, Norion, Odeil, Jolin O'Neill, Orth, Patterson, Pendletoni, Price, Samuel J. Randall, William II. Randall, John 11. Rice, Robinson, Edward H. Rollins, James S. Rollins, Ross, Scofield, Scott, Sloan, John li. Sreele, William G. Steele, Strouse, Sweat, Townsend, Upson, Wadsworth, Elihu B. Washburne, Whaley, Wheeler, Chilton A. White, Joseph W. White, Wilder, Wilson, and Ycaman--88.

NAYS-Messrs. Ames, Baily, Boutwell, Broomall, Wiliam G. Brown, Cole, Creswell, llenry Wimmer Davis, Thomas T. Davis, Dawes, Deming, Dixon, Eliot, Farnswortli, Frank, Garfield, Gooch, Griswold, Hale, lighy, Hooper, Jenckes, Kolley, Orlando Kellogg, Lillejolili, Marvin, Me Bride, McClurg, Moorhead, Morrill, Daniel Morris, Amos Myers, Leonarel Myers, Charles O'Neill, Perham, Pike, Alexander II. Ric'', Shannon, Spalding, Stevens, Thayer, Tracy, William B. Washburn, and Wiliams-41.

NOT VOTING-Messrs. William J. Allen, Alley, John D. Baldwin, Blair, Blow, Brandegee,Chanler, Freem: Clarke, Clay, Dumont, English, Uall, Benjamin G. Harris, Moren: kiss, Hulbund, Hutchins, William Jobinson, Kulbfleisch, Francis W. Kelloge, knapp, Knox, Loan, Marcy, McAL. lister, McKinney, William II. Miller, Jaines K. Morris, Nelson, Perry, Pomeroy, Pruyn, Radford, Rogers, Schenck, Smith, Smithers, Starr, Stiles, Stuart, Thomas, Van Valkenburgh, Voorhecs, Ward, Webster, Windoin, Winfield, Benjamin Wood, Fernando Wood, W odbridge, 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.
The result was then announced as above stated.

So the main question was ordered, which was on ordering the joint resolution to be engrossed and read a third time.

Mr. SPALDING. I move that the House adjourn; and on that motion I demand the yeas and nays.

Mr. BROOMALL, I was just going to make the same motion.

The yeas and nays were ordered.

Mr. MORRILL. Mr. Speaker, I rise for the purpose of asking unanimous consent to make a suggestion to the gentleman from Ilinois.

Mr. WASHBURNE, 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, Moorlicad, Alexander II. Rice, Spalding, Thayer, and William B. Washbum-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, Ambrose W. Clark, Clay, Cobb, Coffroili, Cole, Craveny, Creswell, Dawson, Deming, Denison, Dixon, Donnelly, Driggs, Eckley, Eden, Edgerton, Eliot, Farnsworth, Finck, Frank, Gooch, Ilarding, Ilarrington, Charles M. Harris, Herrick, lligby, Holman, Jolu II. llubbard, 11gersoll, Philip Johnson, Julian, Kasson, Kelley, Francis W. Kellogg, Orlando Kellogg, Kernun, King, Le Blond, Litlle. john, L.ong, Longyear, Marvin, McClury, McDowell, MicIndoe, Middleton, Samel F. Miller. Sorrill, Daniel Mor. ris, Morrisou, Amos Myers, Letid Higurs, avubic, ior ton, Odell, Charles O'Neill, John O'Neill, Orth, Patterson, Perbam, Perry, Pike, Price, Sumuel J. Randall, William H. Randall, John II. Rice, Robinson, Rogers, Ldward H. Rollins, James S. Rollins, Ross, Schienek, Scofield, Scott, Shannon, Sloan, John B. Steele, William G. Sicele, Sie vens, Strouse, Townsend, Tracy, Upson, Van Valken. burgli, Wadsworth, Llib B. Washburne, Wheeler, Chilton A. White, Joseph W. White, Williams, Wilder, Wild son, Windom, and Yeaman-113.

NOT VOTING-Messrs. William J. Allen. Alley, Pran. degee. Chapler, Freeman Clarke, Dumont, Eldridge, Eng. listi, Ganson, Gartield, Grider, Grimeil, Griswold, llall, Benjamin G. Harris, Hooper, Ilotchkiss, Avahel W. Hubbard, Iluburd, Ilutchins, William Johnson, Kalbfleischi, Knapp, Knor, Lazear, Loan, Mallory, Marcy, MeAllister, McBride, McKinney, William II. Miller, James R. Morris, Nrison, Pendleton, Pomeroy, lruyn, Radiord, Suith, Smithers, Starr, Suites, Stuart, Sweat, Thomas, Voorlees, Ward, Webster, Whaley, Winfeld, Benjamin Wood, Ferpando Wood, Woodbridge, and Worthington--54.

So the House refused to adjourn.

During the vote,

H. Randall, John H. Rice, Robinson, Rogers, Edward H. Mr. JOHNSON, of Pennsylvania, stated that Rollins, James S. Rollins, Ross, Schenck, Scofield, Scott, his colleague, Mr. Stiles, was absent from the

Sloan, John B. Steele, William G. Sicele, Strouse, Sweat,

Townsend, Upson, Van Valkenburglı, Wadsworth, Elibu city, and that he had no doubt if he were present B. Washburne, Webster, Whaley, Wlietder, Chilton A. he would vote for the adjournment.

White, Joseph W. White, Wilder, Wilson, Windon, and Mr. HERRICK staled that his colleague was

Yeaman-98. detained from the House by illness.

NAYS-Messrs. Alley, Ames, Baily, John D. Baldwin,

Bouiwell, Broomail, William G. Browl, Freeman Clarke, Mr. SLOAN moved that the reading of the list Cole, Creswell, Henry Winter Davis, Thomas T. Davis, be dispensed with.

Dawes, Dixon, Elini, Farnsworth, Frank, Hale, Highy, Mr. SPALDING objected.

Hooper, Jenckes, Kelley, Orlando Kellnes, Marvin, McMr. VAN VALKENBURGH stated that his

Bride, Moorhead, Morrill, Daniel Morris, Amos Myers,

Leonard Myers, Charles O'Neill, Perham, Alexander H. colleague, Mr. POMEROY, was absent on account Rice, Shannon, Spalding, Sievens, Thayer, Tracy, Wilof illness.

liam B. Washburn, and Williams--10. Mr. MORRILL stated that his colleague, Mr.

NOT VOTING--Messrs. William J. Allen, Anderson,

Ashley, Brandegee, Dumont, English. Gooch, Griswold, WOODBRIDGE, was detained from the House by

llall, Benjamin G. Harris, Herrick, Hulburd, Hutchins, sickness in his family.

William Johnson, Kalbfleisch, knapp, kuox, Lillejolin, The vote was then announced as above recorded. Loan, Marcy, McAllister, McClurg, McKinney, William

H. Miller, James R. Morris, Nelson, Noble, Pike, Pomery, Mr. BROOMALL moved that when the House

Pruyn, Radford, Smith, Smithers, Siarr, Stiles, Stuart, adjourns to-day it adjourn to meet on Wednesday Thomas, Voorlees, Ward, Winfield, Benjamin Wood, Fernext, and on that motion demanded the yeas and naudo Wood, Woodbridge, and Worthington--41.

So the resolution was passed. naye. Mr. MORRILL. I hope the gentleman from

Mr. WASHBURNE, of Illinois, moved that Pennsylvania will withdraw that motion. the vote by which the resolution was passed be Mr. ELDRIDGE. I object to debate.

reconsidered; and also moved that the motion to The yeas and nays were not ordered.

reconsider be laid on the table. The motion was then disagreed to.

The latter motion was agreed to. Mr. BROOMALL moved that the House do THANKS OF CONGRESS TO GENERAL SHERIDAN. now adjourn; and on that motion demanded the

Mr. WASHBURNE, of Illinois. I ask unani. yeas and nays. The yeas and nays were not ordered; and the

mous consent to introduce a joint resolution.

Mr. BROOMALL. I objeci. motion was then disagreed to. The joint resolution was ordered to be en

Mr. WASHBURNE, of Ilinois. I move to grossed and read a third time; and being en

suspend the rules. Ii is a resolution of thanks

to General Sheridan. grossed, it was accordingly read the third time.

Mr. BROOMALL. Then I withdraw my obMr. WASHBURNE, of Illinois, demanded the previous question on the passage of the joint res

jection,

Mr. WASHBURNE, of Illinois, then, by olution. The previous question was seconded, and the

unanimous consent, introduced a joint resolution main question ordered.

tendering the thanks of Congress to Major GenMr. RICE, of Massachusetts, moved that the

eral Philip Sheridan, and the officers and men

under his command; which was read a first and resolution be laid upon the table. Mr. HOLMAN demanded the yeas and nays.

second time, and referred to the Committee on The yeas and nays were ordered.

Military Affairs. The question was taken; and it was decided in

AMENDMENT OF THE CONSTITUTION. the negative-yeas 42, nays 91, not voting 49; Mr. FRANK, by unanimous consent, presented as follows:

a concurrent resolution of the Legislature of New YEAS-Messrs. Alley, Amcs, Baily, John D. Baldwin, York, proposing an amendment to the ConstituBoutwell, Broomall, William G. Brown, Freeman Clarke, tion of the United States so as to abolish slavery; Cole, Creswell, Henry Winter Davis, Thomas T. Davis,

which was laid on the table and ordered to be Dawes, Dixon, Eliot, Farnsworth, Garfield, Hale, ligby, biooper, Jenckes, Belley, Orlando Kellogg, Marvin, Mc

printed. Bride, McClurg, Noorheuil, Morrill, Daniel Morris, Ainos Mr. COX. I suppose such resolutions can be Myers, Leonard Myers, Charles O'Neill, Perham, Pike, referred under the rule. Alexander H. Rice, Shannon, Spalding, Stevens, Thayer,

The SPEAKER. Resolutions from State LeTracy, William B. Washburn, and Williams-42. NAYS--Messrs. James C. Allen, Allison, Ancona, An

gislatures are generally received in the House and derson, Arnold, Asliley, Augustus C. Baldwin, Baxter, Bea- ordered to be printed. But the Chair is informed mun, Blaine, Blair, Bliss, Blow, Boyd, James S. Brown, by the Journal Clerk that this resolution has Ambrose W. Clark, Clay, Cobb, Coflroth, Cox, Cravens,

already been printed. Dawson, Deming, Denison, Donnelly, Eckley, Eden, Edgerton, Eldridge, Finck, Frank, Ganson, Grider, Harding,

Mr. FRANK. I think not. Harrington, Charles M. Harris, Herrick, Holman, Asaliel The SPEAKER. If it has been printed, it will W. Hubbard, John !1. Hubbard, Ingersoll, Philip Johnson, not be printed again. Julian, Kasson, Francis W.'Kellogy, Kernani, King, Law,

Mr. SCHENCK. I rise to a question of privLizear, Le Blond, Longyear, Mallory, McDowell, McIndoc, Middleton, Sainurl F. Miller, Morrisoli, Noble, Nor

ilege. ton, Odell, Jolin O'Neill, Orth, Patterson, Perry, Price, PRINTING OF AGRICULTURAL REPORT. Samuel J. Randall, William H. Randall, Rogers, Edward Il. Rollins, James S. Rullius, Ross, Schenck, Scofield, Scott,

Mr. HUBBARD, of Connecticut. I ask the Sloan, John B. Steele, William G. Steele, Strouse, Towns genileman from Ohio to yield to me a moment. send, Upson, Van Valkenburgh, Wadsworin, Elihu B. Mr. SCHENCK. I will yield. Washburne, Whaley, Wheeler, Chilton A. White, Josepla W. White, Wilder, Wilson, Windom, and Ycaman-91.

Mr. HUBBARD, of Connecticut. I ask unaniNOT VOTING-Messrs. William J. Allen, Brandegee, mous consent to introduce the following resoluBrooks, Chanler, Driggs, Dumont, English, Gooch, Grin- tion: nell, Griswold, Hall, Benjamin G. Harris, Hotchkiss, Hul

Resolved, that the Committee on Printing be directed to burd, Ilutchins, William Johnson, Kalbfleisch, Knapp,

inquire into the cause of the delay in prinsing the agriculKnox, Litllejoli, Loan, Long, Marcy, McAllister, Mekin

lural and mechanical report for the year 1863, and make a ney, William II. Miller, Jannes R. Morris, Nelson, Pendle

report thereon. lon, Pomeroy, Pruyn, Radford, John H. Rice, Robinson, Smith, Smithers, Siarr, Stiles, Stuart, Sweat, Thomas, Mr. Speaker, it has been announced by a porVoorbice, Ward, Webster, Winfield, Benjamin Wood, Fer- lion of the press that these valuable reports have pando "Vood, Woodbridge, and Worthington–49.

beon printed and prepared for distribution, by The question recurring on the passage of the reason of which, the farmers of the country are resolution

constantly calling for copies, and we are unable Mr. JENCKES demanded the yeas and nays. lo respond. I was informed on Saturday by the The yeas and nays were ordered.

superintendent of the folding-room, that the memThe question was put; and it was decided in bers of the House were entitled only to ten copies the affirmative-yeas 98, nays 40, nol voting 44; each, to that time, and that the balance would as follows:

not be ready for distribution will some sime in YEAS--Messrs. James C. Allen, Allison, "Ancona, Ar

June next. I have offered the resolution to ascernold, Augustus C. Baldwin, Baxter, Beaman, Blaine, Blair, tain the reason of the delay, and that correct inBliss, Blow, Boyd, Brooks, Janes s. Brown, Chander,

formation may go to the country on the subject, Ambrose W. Clark, Clay, Cobb, Coffroth, Cox, Cravens, Dawson, Deming, Denison, Donnelly, Drigas. Eckley,

By unanimous consent the resolution was adEden, Edgerton, Eldridge, Finck, Ganson, Garfield, Gris mitted, read, and agreed 10. der, Grinnell, Harding, Harrington, Charles M. Harris, Hlol

USE OF THE HALL OF TIE HOUSE. inani, Horelikiss, Asaliel W. Hubbaril, Jobu A. Hubbard, Ingersoll, Philip Johnsoll, Julian, Kasson, Francis Il'. Kel Mr. FARNSWORTH. Will the gentleman logy, Kernan, King, Law, Lazear, le Blona, Long, Long from Ohio yield to me to present a resolution? year, Mallory, McDowell, Meindoe, Middleton, Samuelt. Miller, Morrison, Norton, Odell, John O'Neill, Orth, Pat

Mr. SCHENCK. I will; but I cannot yield terson, Pendleton, Perry, Price, Samuel J. Kandall, William

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Mr. FARNSWORTH. I ask unanimous con- William D. Kelley, a Representative in this House from away; the Judge replied that he was the injured man, and sent to introduce the following resolution:

the fourth district of the State of Pennsylvania, from the that the other should be taken care of*; I went with Juilge

free and fearless exercise of his rights and duties as a mem- Kelley to get his wound dressed; when we returned Judge Resolved, that the use of the Hall of this House be given

ber of Congress, and voting and deciding upon a pending Field was walking up and down very much excited : I went to Bishop Simpson, for the purpose of a lecture, on Wed

subject of legislation, and did follow up the said aliemptat with Judge Kelley to his room, and when I returned I found nesday evening next, the 25ih instant.

intimidation and bullying by an assauli upon the person of Judge Field had been arrested. Mr. COX. I object to using the Hall for any

the said Representative Kelley, thus committing a breach of The knife be used was a dark-handled one with a small the privilege of this House: Therefore,

blade. purpose except that of legislation.

Be it resolved, That a select commiliee of five members Judge Field. Did not Judge Kelley tell me to go and Mr. FARNSWORTH. I move to suspend the be appointed by the Speaker to inquire into the said alleged tell my coustituency to send a more decent man there? rules.

breach of privilege ; that the said committee have power to Answer. I sal between you, and I say Judge Kelley Mr. ROSS. What kind of a lecture is it to be?

send for persons and papers, and to examine witnesses; and made no such remark as that. Such words did not issile

that the committee report as soon as possible all the facts from his mouth. Mr. FARNSWORTH. It is to be a moral

You said you would hold bim responsiand circunstances of the afl'air, and what order, if any, it is ble, and have satisfaction. lecture, and therefore I hope my colleague will proper for this House to take for the vindication of its privi- Judge Field, with an oath, said the witness lied. not object. (Laughter.] lege, and right, and duty of free legislation and judgment. The court reminded the accused that such langnage

could not be tolerated. On the motion to suspend the rules, the House

Mr. MALLORY. I raise the question of order (Despite this reminder of the court, Judge Field contindivided; and there being-ayes 54, noes 51, that the case set forth by the gentleman from Ohio ued, in the same style of language, lo interrupt the witness

Mr. ÉCKLEY demanded the yeas and nays. does not bring the matter within the question of with questions and remarks, wbich we deem il proper to The yeas and nays were not ordered. privilege.

exclude from our columns.] So the rules were not suspended, two thirds 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 not voting in favor thereof.

gentleman from Kentucky to the 145th page of the fact that Judge Field has told many persons that he ENROLLED BILLS. The Digest. In the Twenty-Second and Twenty

would take my life, I ask that the bail be of so substantial Mr. COBB, from the Committee on Enrolled Third Congresses it was decided that an assault

a character that I can feel I have protection while going

about my public duties. Bills, reported that the committee had examined

upon a member was a breach of privilege, and Justice Boswell said he should require Judge Field 10 and found truly enrolled bills of the following ber out of the House. The Chair has looked even the use of menacing language toward a mem- find bail in the sum of $500 to answer the charge of assault

and battery at the next term of court, and a further bail titles:

$1,000 to keep the peace toward Judge Kelley for the space An act(H.R. No.607) to provide for an advance at it since the point was raised by the gentleman

of six months. of rank to officers of the Navy and Marine corps

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. for distinguished merit; and

Mr. MALLORY. I am happy to hear that we An act (H.R. No.598) making appropriations

Mr. FARNSWORTH. I offer the following for the consular and diplomatic expenses of the

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, Government for the year ending the 30th of June,

The Clerk then read the statement, as follows: the said A. P. Field shall be excluded from thie privileges 1866; when the Speaker signed the same.

of this tlour.
The Assault AND BATTERY UPON Judge Kelley.--The
EXECUTIVE COMMUNICATION.
case of A. P. Field, charged with assault and battery on

I understand that at present, by order of the
Judge W. D. Kelley, member of Congress from the fourth House, he is entitled to ihe privilege of the floor,
The SPEAKER, by unanimous consent, laid district of Pennsylvania, was brought before Police Justice and that should be denied him.
before the House a communication from the De- F. A. Boswell, at his office on E street, near Thirteenth

Mr.JOHNSON, of Pennsylvania. I think we partment of the Interior transmitting an account

street, at threc p. m. yesterday. of the superintendent and agent of the southern

Hon. Thomas Corwin, of Ohio, appeared as counsel for

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. superintendency having charge of refugee Indians; jana were present.

We had better give this genileman a fair oppor.. which was laid on the table, and ordered to be Judge W. D. Kelley was sworn, and testified as follows: I was spending the evening of yesterday with Hon.

tunity of making his defense. printed. Charles O'Neill, at his rooms on f street, where I met

Mr. FARNSWORTH. I think the facts are EXCHANGE OF PRISONERS.

several friends. After a while we proceeded to Willard's sufficiently verified already for us to take this acThe SPEAKER also laid before the House an

Hotel to supper. At first I did not recognize what persons
were at the table. Soon Judge Field asked, “ Why do you

lion. Until the report of the investigating conianswer of the Secretary of War to a resolution keep us out in the cold? Why don't you admit us, like a

mittee can be made, this man ought to be excluded offered on the 21st of December last, in regard to man?” Rather than appear rude, I simply said, "I have from the floor. the exchange of prisoners; which was read, or

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 dered to be printed, and referred to the Commithe said, with an oath, “ Why do you not come up like a

like to see the precedent established that upon the tee on Military Affairs.

man and toe the line?" I then remarked in subdued tones, mere reading of a newspaper article the House Mr. SCHENCK. I am instructed by the Com- “ Judge Field, if you will inquire of my friends, you will should take such action as this. Let us have a mittee on Military Affairs to ask the unanimous

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,

6 You consent of the House to offer the following resodare not go home and face your constituency; you would

far as any gentleman will in making any ord: r lution:

quail before them.” I replied, “ Judge Field, my constit- which may be necessary to protect any member Resolved, That the Committee on Military Affairs beau

uency will not rebuke me for excluding a man like you, from any ihreat or violence from any blackguard thorized to send for persons and papers, and to examine

who, before ladies, can act as you are doing.” He then, either inside the House or outside of the Housi, witnesses, in their investigation as to the exchange and

uttering another oath, quilted the room, remarking as he treatment of prisoners of war under former resolutions of did so, " I will hold you responsible; you shall feel me for

whether it be upon this side of the House or upon this House, that." I left the supper rooin 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 There being no objection, the resolution was Field conversing with other gentlemen. On purpose to the Chair whether an amendment to the amendconsidered and agreed to.

avoid him I endeavored to pass out the other way, but he
saw me, and running 10 me, seized the collar of my coat

ment is in order.
BREACH OF PRIVILEGE.
with his left hand, while with bis right hand he struck me,

The SPEAKER. It would be if it were gerMr. SCHENCK. I now rise to a question of

exclaiming as he did so, with an oatlı, “ You shall give me mane.

satisfaction.” The blow appeared to strike to the bone, privilege, and I ask first to have read at ihe Clerk's

Mr. MOORHEAD. Mr. Speaker, I dislike the and clear across it. I said, “You are an old man, and I desk the proceedings before a police court in this

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 Harcity, as published in a newspaper of Washington

any member of it coming here invoking the proper seized his arın. Meanwhile I felt the blood trickling yesterday morning, in relation to a member of

lection of the House. I dislike the asking of a down, (witness bere exhibited the wound; it was about This House. one and a half inch long, on the back part of the hand,

committee to investigate this matter. The Clerk proceeded to read an article from the near the wrist.) People gathered around, and some at

Mr. COX. I would like to inquire whether tachés of the hotel insisted on my going away. I told them Sunday Chronicle.

the amendment proposed by the gentleman from I was not the culprit; they should take the other man Mr. MALLORY. I rise to a question of or

Illinois (Mr. FarNSWORTH) has been accepted isy away; he was the disturber. Julge Field went on the platder. Can that be regarded as a question of privi- form and talked with other gentlemen, saying he was armed,

the mover of the original resolution. and he could take care of himsell.

Mr. SCHENCK. I have no objection to it; lege in this House? The SPEAKER. The Chair cannot yet ascer

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 of Louisiana to send a inore decent man Mr. COX. Is it in order to debate it? tain whether it is a question of privilege or not.

there? Mr.SCHENCK. After the reading of the proAnswer. I ultered no such words; what I said was, my

The SPEAKER. It is; and the gentleman ceedings I propose to offer a resolution.

constituency will not rebuke me for excluding such a man from Pennsylvania [Mr. MOORHEAD) is on the The SPEAKER. The Chair would state to

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 the gentleman from Ohio that the proper mode Judge Kelley and Hon. Leonard Myers, I went to the rooms would be to offer the resolution first.

of Ilon, Charles O'Neill, about nine o'clock; left at half gross an outrage, without any provocation, with Mr. MALLORY. I should say so.

past ten or eleven o'clock, and went to supper at Willard's; out any cause, that this House should adope the The SPEAKER. The Chair can then decide

I sat next to Judge Fielil, and Judge Kelley sat on my right; amendment offered by the gentleman from Illi

Judge Field leaned over and said, “Juuge, why do you whether it is a question of privilege or not.

nois, (Mr. FarNSWORTH,) and exclude Mr. Field keep us ont in the cold?" Judge Kelley replied that the Mr. SCHENCK. I can do that; but I supdelegation business was in committee, and had not come

from ihe privileges of the floor. I hope that will posed that, as a statement by a member is some

before the House; Judge Field then said Julge Kelley be done promptly and by a unanimous vote of

ought to toe the mark; a lady wils sitting near, when Judge iimes made accompanying the resolution, this

the House. I do not think there is any member Field with an oath, said, "You dare not go before your

here who would wish to be associated within man publication might be received as such statement, constituency; you would quail before them;" he thicii lett but as that is objected to I will offer the resolution

we table, saying he would see him outside and hold him who would be guilty of so gross an outrage. But first.

responsible. Suspecting there would be trouble, I came out I do not wish to have the thing magnified. The

first to see where Field was, and it possible prevent a col. Mr. MALLORY. If I could understand that

question as to whether this man has a claim to a lision; noticing the Judge sitting on the beater, I returned it was a question of privilege I would not object and told Judge Kelley he had beller go out by the side door;

sent here has not been examined; but I would to the manner of its introduction.

as he was pissing out, I observed Judge Field advancing have him immediately excluded from the privi

rapidly toward Julye Kelley, and as I came up he struck The Clerk read the resolution, as follows:

leges of the House, I hope, therefore, that the with his right hand and grappled with his leit; on bis atWhereas it is understood that on the evening of Friday,

amendment of the gentleman from Illinois will be tempt to strike the second blow, I saw the knite and arthe 20th instant, A. P. Field, a citizen of Louisiana, didal rested his arm; he wanted me to let go, but I would not;

adopted in place of the original resolution. I do tempt by language of intimidation, and by bullying, to deter a clerk belonging to the hotel wished Judge Kelley to go

not want to have any report from a commillee. I want to have this man excluded from the floor, addressing a cltizen of your charncter and intelligence, and on the subject. But I will not prejudge the case and there have done with the matter. I move one wlio lias himself been honored by the people with a scat by voting for the amendment of the gentleman that as a substitute for the original resolution. in this llouse, it cannot be necessary that I should add to

from Illinois. Mr. SCHENCK. Mr. Speaker, I am sorry

the duty enjoined upon me by dwelling upon the character
or consequences ofilie offense with which you have been

MESSAGE FROM THE SENATE. to hear the remarks of the genileman from Penn- charged and found guilty. Whatever bias a tendency to imBylvania (Mr. MOORHEAD) in reference to the pair the freedom of debate in this House, a freedom noless A message was received from the Senate, by character of this proceeding. I hold that you

sacred than the authority of the Constitution itsell, or to Mr. FORNEY, its Secretary, notifying the House

detract from the independence of the Representatives of the cannot magnify this proceeding in regard to its people in the rightpulischarge of tlicir ligli functions, you

that that body further insisted upon its amendcharacter. Whether Mr. Keller, a member of are, no doubi, sensible, must, in the same proportion, ments to House bill No.620, to supply deficienthe House, has been assaulied, or whether Mr.

weaken and degrade not only the Legislature of the nation cies in the appropriations for the service of the fis. Field or any one else has been admitted to the Itself, but the character of our free institutions."

cal year ending ihe 30th of June, 1865, disagreed privileges of the floor, is a matter of the least pos- It is therefore, I say, a matter of very little

to by the House, asked a further conference on Bible consideration, as is also the question whether consequence who has been assaulted, so far as

the disagreeing votes of the two Houses thereon, Mr. Kelley comes from Pennsylvania or from he himself is concerned; a matter of very little

and had appointed Messrs. CLARK, TRUMBULL, Ohio, as compared with the greai question which consequence who is the person who has made and Powell the commillee of conference on the underlies this whole proceeding which I propose the assault; a matter of very little consequence

part of that body; to the House.

whether the person assaulted or others in this That it had passed bills of the following titles, in Mr. Speaker, I know how able my friend from House may or may not be able and willing to

which he was directed to ask the concurrence of Pennsylvania [Mr. Moorhead) is to protect him- defend themselves against personal attacks. I

the House: self. I have not spoken in this resolution of this trust there is no one here who would be craven An act (S. No. 402) to repeal an act entitled man Field as having been admitted, by any former enough to permit himself to be drubbed at pleas

“ An act to remove the United States arsenal from resolution of the House, to the privileges of the ure by anybody outside for what he had done the city of St. Louis, and to provide for the sale floor. I studiously excluded that, wishing to pre- here while waiting for the House to act; but over

of the lands on which the same is located;" and sent to the House ihe simple question-whetherany and beyond that, and beyond the action of the

An act (S. No. 136) for the relief of A. T. citizen, of any State or of any country, can under- police courts of the country, arises this question Spencer and Gurdon S. Hubbard; take to intimidate or preveni from the free exer- iowering above all others, how far this House,

That it had passed House bill No. 94, for the recise of judgment and action on questions of legis- as a part of the legislative department of the Gov- lief of Isaac R. Diller, with amendments, in which lation a member of Congress of the United States. ernment, will sit quietly by and permit anybody

he was directed to ask the concurrence of the I knew that that question had been distinctly lo interfere with members and assault them or

House; raised in the case of Slanbery and Houston in undertake to intimidate and bully them and deter

That it had passed House joint resolution No. 1831-32, and that the House, against iis political them from the free course of legislation here, and 140, authorizing the Secretary of the Treasury to character-it being then largely Democratic- the part which they have taken, and which it is give the necessary notice stipulated pending the maintained the ground that an aitack made upon their duty to take, in that legislation.

intention of the United States to purchase the a member for words spoken in debate on this floor Mr. COX. Mr. Speaker, there is, I think, no building known as the Merchants’ Exchange, was such a breach of the privileges of the House one upon this side of the House who does not New York city, now used for custom-house pur. as should be visited by punishment. After a long believe that this is a question of privilege. There

poses, withoui amendment; investigation at the bar of the House, Houston is no one upon this side of the House,

so far as I That it had agreed to the amendment of the was brought before the bar of the House of Rep- am aware, who would object to the motion as House to Senate joint resolution No. 98, to preresentatives and publicly reprimanded for his con- made by my colleague from Ohio; and I think that sent the thanks of Congress to Major General duct by Mr. Stevenson, the Speaker, according the compliments of the House are due to the gen

Alfred H. Terry, and the officers and men under to the order which the House had made. In that cieman for having presented this matter in the

his command; and reprimand, which I commend to the consideration proper shape and with its proper dignity. But I That it requested the return of Senate bill No. of the gentleman from Pennsylvania, (Mr. MOOR- ihink that ihe motion of the gentleman from Illi

212, for the relief of Henry A. Brigham. HEAD,] Mr. Stevenson, with ali his political uffin- nois (Mr. FARNSWORTH) will tend to embarrass

BREACII OF PRIVILEGE-AGAIN. ilies and prejudices in favor of the culprit, took 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

Mr. THAYER. Mr. Speaker, I desire to call the immense importance of protecting and defend- seeks privileges upon this floor, already granted

the attention of the House to the fact that in ing free speech and free legislation in the House 10 some extent, from coming here to present the

Houston's case, which has been referred to by the of Representatives against any attempt ut intimi- claims of his constituency and the claims of his

gentleman from Ohio who introduced this resodation from any citizen or other person. Slate. I would not, sir, be instrumental in de

lution, immediately on the communication being Mr. DAWES. If the gentleman from Ohio barring any one from presenting a case like that to

presented to the House from Mr. Stanbery, will yield to me I will cite another instance that be presented from the State of Louisiana. What

member of Congress from Ohio, Mr. Vance, one occurred in the other branch of Congress. When ever may be my opinion in the matter, I would not

of the Representatives from the State of Ohio, the late Senator Shields was elecred, as he so far prejudice or prejudge the case as to rule out

moved the following resolution: claimed, Senator from the State of Illinois, and this man merely on the lestimony as presented.

Resolved, That the Speaker do issue his warrant, di

rected to the Sergeant-at-Arms attending this House, comwhen his seat was contested on the ground that First let us have this examination; lei us know

manding him to take in custody, wherever to be found, the he was not naturalized within the constitutional | just what is the grievance complained of; let us body of Samuel llouston, and the same in his custody to period, some one wrote a threatening letter to him know how far this man has violuted the privilege keep, subject to the further order and direction of this

House." and the Senate took action on it similar to that pro- of this House, cither by intimidation or otherwise, posed here.

and then the House will be prepared to take action The resolution was read; and after debate Mr. SCHENCK. The precedent to which I upon the case. The man who is inculpated should thereon a motion was made by Mr. Speight to have referred is not by any means the only one;

also be heard, not on his own account, but on ac- amend the same by striking out all after the word but it is one dating as far back as 1831-32, to which count of the constituency that he claims to repre- “resolved,” and inserting the following: I believe every other since that time has con- sent. I think that the gentleman from Illinois will “ That a select committee be appointed, to whom shall be formed.

see the propriety of withdrawing his amendment referred the communication of Hon. William Staubery, a Now, it is true, perhaps, that this man, A. P. and allowing the resolution of my colleague to be

member of this blouse from the State of Ohio, in relation to

an assault and ballery commilled on him by Samuel llous. Field, who has made the assault upon a member, passed, so that an examination may be made and

ton, with power to take such steps as will insure a thorough has been admitted to some privilege upon this a fuir hearing given to the man inculpated. Every || investigation of thie transaction.” floor, as one claiming a seai here as himself a man is entitled to be heard fairly before adjudged After further debate, the question was put on Mr. Representative of ihe people. I have taken care or convicted; and the amendment of the gentleman Vance's original resolution, and it was adopted not to mention that in the resolution, because I

from Illinois (Mr. FARNSWORTH) goes upon the on the mere communication from a member of this desire that, if such should be disclosed as a part

idea that this man is already guilty. Perhaps he House who had been assaulted. This House, by of the history of the case and of the relation of is; but let us first have an examination into ihat, a large majority, adopted the resolution of Mr. that individual to this House, it should come in and then we will be prepared to vindicate the Vance, and commanded the Speaker of this by way of aggravation of his offense, just as, in privileges of the House.

House to issue his warrant for the immediate the case of Houston, the fact that he had been Mr. Speaker, I do not know that I would bring arrest of the offender, and his compulsory attendhimself a member of Congress before the time my case, if I had one, before the members of this ance before the House to answer for a high breach of his making this assault upon one who was body. I think that I would be prepared, owing || of its privileges. then a member, was cited by Mr. Stevenson, the to my physical capacity, to defend myself under There is another case which occurred at the Speaker, as a reason why he particularly had in- the circumstances. (Laughter.]

second session of the Twenty-Third Congress, in curred the just censure of the House, being a man But that is not the question before' us. The which Mr. John Ewing, a member of this House, who oughi better to have understood the privi- | gentleman from Pennsylvania over there I refer was assaulted by John F. Lane, a lieutenant of the leges of the legislative body.

lo the gentleman from Pittsburg (Mr. Moor- United States Navy, and on the communication I beg leave to read, in reply mainly to the sug- HEAD)-having a ponderous frame, having the of the fact to the House, the House immediately gestion made by the gentleman from Pennsylva- ability to defend himself, does not feel the case asserted its jurisdiction and took all the proceed. nia, some of the remarks made by Mr. Sieven- as it comes home lo me and other members upon ings in the premises. son, of Virginia, Speaker of the House, (afterward this floor. There is a dispute as to the facts ap- Now, sir, it is objected by the gentleman from minister to England,) in reprimanding Houston: parent already on the first reading. The gentle. Ohio (Mr. Cox] that the amendment of the gen"' If, in fulfilling the order of the House, I were called

man from Pennsylvania claims that there was in- tleman from Illinois presupposes the guilt of the upon, as its Presiding Officer, to reprimand an individual timidation of him and his action upon this floor. der lant. The principle upon which this House uneducated and uniniorused, it might be expected that I The parly inculpated says that he did not intend has heretofore acted in cases of this kind is this: sliould endeavor, as far as I was alte, io impress upon him the imporiance and propriety of sedulousty guarding from

to intimidate the action of the gentleman from that where a prima facie case has been shown to violation the rights and privileges secured in the ineinbers

Pennsylvania. Let us have the issue fairly under- | the House of a breach of its privileges, this House of this llousa by our invaluable Constitution ; but what stood, and then the House will be prepared to act 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 ower 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.

che 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 soor at that time. There was a proposi. but 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 jis 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 ils 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 ortwo. I think iny 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 afiix 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 ai 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, 1, for one, shall think it a proper lege shall be excluded from the privileges of the || flagellation 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 beforethe 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 beat the 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 li 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 ton'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 insuli, 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 | rigate 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 tho 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. case 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- lo 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 that 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 Repre• || ing his admission or denial of the charge made I do not propose to reply to the argument of

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