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jwfc mmmr-mm session.
Wtetarm. Awodtd4 Fceu . Btcprf.
SENATE WAflBEWTOir, January 18.
The Chair laid "before the Senate the petition of lam.
termen. Tassel-owners and others OI Manistee, Mictrt
umi, asking an appropriation- for the improvement of
Uw lurtHir i Uui plae. Referred.
Mr. Patterson presumed the pennon of D. H. Cham
berlain. H. U. Greaves v. I. Oanlota, R. B. Elliott,
John It Talbot and others, of Sooth Carolina: ana saxl
he woulii not as to have u read, bat moved it be print
ed in the Record.
Mr. Alcorn objected to anytlung being printed In the
Record without being read.
Mr. Anthony submitted a resolution calling nnorr the
President to transmit to tlieKennte, it not incompatible
tit tbetiubtie mterest. any correspondence with dip
lomatic officers of the United states in Turkey, or- any
inforaiatlon in the possession ot the uoverninetit in re
gard to the revolt in the Turkish provinces.
Mr. Morrill presented a petition of the citizen of
Washington, asking that the United states purchase
certain squares bordering on the Capitol grounds for
Uie putpo.-te of enlarging such grounds according to
the original plan, and tnaccommodBtenewbuildinRB for
the National Library. Soprenie Court and .National Mo.
seunu aud. iurtber. that the $1,500,000 to be reluuded
by tbe Centennial Couiir.iaion be appropriated for the
purchase ot such ground aud the erection of such
Mr. Patterson snbuiitted a'resolution recognizing the
Chamberlain (Jovi-rnuient in South Carolina as the law.
fill government or the state, and declaring it should be
aided by the United states to tlie end that the la ws may
be enforced. Reterred to the Committee on Privileges
The petition was then read, and ordered printed in
the Record. It sets lorth that many 1 the statements
In the petition of Wane Hampton, aud others, recently
presented in the Senate, are untrue. Others are calcu
lated to mislead the Semite, aud important farts are
omitted, 't he petitioners then revit-w at greHi length
tlie condition ot affairs in South Carolina, and claim
they were legally elected to their respective oflices.
Mr. Sheruiau, irom the Committee on Flns,uoe, re
potted back the House hill, authorizing the coining of
the standard silver dollar, and restoring Its legal-tender
etandnid, without rerouiniendation. and it was placed
on the calendar. In reporting the bill, Mr.
Sherman avid the Senate having, yesterday, ex
tended the time of the Silver Commission
to submit its report, the committee did
not deem it advisable to pass this bill now. He Rave
notice that when the bill should be considered, he
would submit a substitute for it. authorizing the coin
age of a silver dollar of the weight ot 412Hi grains
standard silver, nald dollar to be a legal tender to tbo
same extent and for the same purposes as United
Slates notes, and to be issued in redemption of United
Mates notes on demand of tlie holders, aud tbe United
States notes redeemed under this act shall be cancelled,
a ad be held to be part of the Siuking Fund provided
for by existing law. interest to be computed thereon as
in the case of bonds redeemed.
The second section of the bill authorizes the Presi
dent to appoint three commissioners toaLteud and par
ticipate, in the deliberation of any International Con
vention or Conference which may be called by one or
nwre countries for the purpose of adopting the ratio or
relative valuation In gold and silver coinages ot differ
ent countries of the world
It was ordered tliat the substitutes be printed.
At the expiration of the morning hour Mr. Withers
called np the message of the Piesiilent. in regard to the
occupation of Petersburg by the milltaiy on elect-on
day, and yielded the floor to his colleague Mr. Johnston,
who spoke at length on the subject.
Mr. Johnston quoten from a previous debate in the
Renate to show that the Henator from Ohio iMr. Hher
nianl stated that Virginia was not in the same condi
tion as the otlier Southern ntates, aud that peace nr.
vailed in that State. Mr. Johnston argued that there
was pet feet peace in the State, the colored people had
their rights, aud trie two races lived togeiher in har
mony, lie contended tbat the President had no author
ity to send troops to Petersburg because theie had
ben a street fljrbt at tbe previous election. It was
never intended by the fonmiers of the Government
tbat the power of the United States should be evoked
for the mere purpose of keeping peace. The Constitution
contemplated tbe use of tbe army only in concert
with the state authorities in suppressing domestic vio
lence. Tie then quoted from the circular of the Attor
ney General, giving instructions to the United States
Marshals, aud said tbat if tbe Attorney General was
right in his construction ot the law, the Deputy Mar
shal could take the Governor of the State fiom his
office or a Judge from the beuch, and compel them to
serve in his pwue, and thus the Sovereign mate might
lie overthrown. He then referred to the Petersburg
election, and said there were '2,500 colored voters in
(list place. They were organized into squads of ten
each, aod 250 captains for these squalls were appointed,
find ewh captain held a commission of lienuty Mar
shal. On election day each captain marched his squad
to the polls and saw that thev voted the Republican
.Mr. Withers said the Congress of the United states
had been engaged tor several w eeks past iu considering
how to connt the Klectoral vote. Iiwas true that the
presence or absence of troops at a small town in Vir
ginia might uea small matter, but the question involved
was whether the Executive liepartment ot tbe Govern
ment should be permitted to control the ballot by tbe
use of the army, and thus destroy the freedom of elec
tions. If this could be doue with impunity. Congress
had been wasting time iu talkiug about the Electoral
vote. The presence of the military at the polls for tbe
purpose of iulluencing the popular will, filled him w 1th
alarm for the safety aud perpetuity of a
free Government. He then re:'.d from a
message of tne President, of January, 1875, in regard
t: the occupation of New Orleans bythe niilitaiy.totfte
effect that military interference with any branch of a
State Government was repugnant to our Ideas of gov
ernment, and resumiug his remarks asked what change
had come over the President since he gave utterance
to those sentiments? Whv had the President since
committed acts which he formerly declared should uot
be permitted? It appeared now that noon the simple
ipse dixit of the gentleman in the Attorney General's
otiice the rights of the State ot Virginia had been vio
lated. It was lor the people of this countiy to decide
whether such louse iuterorelation of law would
be for their interest or their ruin.
Jint only had the military been used to toko
possession of state Governments, hut it was now gath-i-i
ing around the ( upirol. and Senators and Repre
sentatives were to legislate in the shadow of ttoops.
He referred to the history of other Repnblics, and
risked what were the three things which preceded
their downfall. Corruption, fraud and violence. We
had corruption. Irauds had been practiced in elec
tions, as every one knew, and who would say when the
third step would be taken! The people ot Virginia
weie honestly devoted to the principles of constitu
tional liberty, but they had passed through aiP.ictioii.
and knew what it was to suffer. They had lived
under despotic power In the past, and could
live under It m the fntnre. It was for
the Northern people to say whether they
would give their consent to ihe change.
Mr. VS hyte said the difficulty in regard to sending
troops into a State grew out of legislation in 18tj5. An
act of Congress that year provided that troops might be
sent ino a state to keep peace at the polls. That was
a broad authority, and the law shonld be amended by
removiug the wonts ' to keep peace at trie polls."
Mr. Withers submitted the following:
Resolved. That the Committee on Judiciary he In
structed to examine whether the construction of the
laws touching elective fimiculse. promulgated bv the
Attorney General, iu General Orders No. Ut, of date of
September 7. 1 HTii, be correct, aud that they report by
Dill or oiuei w inc.
The resolution was agreed to, and the Senate re
snmed the consideration of the report of the Commit.
tee on Knles aud Revising Rules for the government of
the Sena'e. wl.teu were a green to in committee ot the
whole and reported to the senate.
Pending discussion, adjourned.
HOUSE Washington. January 16.
The Senate Joint resolution authorizing the appolnt
nieiittiient of a Commission to atteud the International
Convention, to luqiiiie into the relative value of gold
and silver, was taken up.
The hill was laid on the table yea'". 125; nam. 104.
A resolution to permit Ihe Committee on Privileges
and Duties of the House to send for pipers and per
sons, and to sit during the session of the House, was
adopted by a vote of. yeas, 149; nays, 70.
Mr. I. mile, lioin the Judiciary Committee, made are
port relailve to the refusal of Messrs. Wells. Anderson,
t'asanave and Keiiner. members of the Louisiana Re.
tuiniiig Hoard, to produce before the Committeo on
Election In Louisiana certain papers demanded by said
committee. Tlio report concludes with a resolution
directing tho Scrgeaiit Ht-arms to take Into custody
and tiling before the bar of the House the above named
Mr. Frye, a member of the Judiciary Committee, said
when i list report was agreed to in the committee, there
was no Republican niemltf r of the comniitt.-e present.
For his part, he regarded the doctrine euuuclatud lu it
as a moustrotis one. Under it there was no sovereign
ty anywhere in tho country that was nor fliiblect to be
called before the committee of the llonse and com
pelled to produce its original records. He held, on the
routiary, that Congress had no more to do with the
Returning Hoard of the State of Louisiana, than he as
an mdiviiiual hud. He held that the Roturuing Board,
having been legally constituted by the authority of the
C onstitution of the United Stales, and it having pro
ceeded with its duties under the laws of Louisiana,
and having made Its retnrns, and those returns having
been authorized bv law, the House was excluded from
roing behind them. The only authority that the House
lad was tlie general condition ot theooaotry, the pub
lic weal; to inquire whether or not there was such a
state of things there that Congress ought; to take no
tice of; ou that question he should at onue admit that
there was such a condition of things there as required
Congressional intervention, it Congress had the right
to interfere to prevent murder, outrage aud everv
other barbarism. He believed that there was now and
hail been for tho Inst eight years a deep, deter
mined and absolute purpose not to permit
to certain citizens of Louisiana theexerclse of the right
of suffrage, and he believed that these citizens were
prevented from the exercise of that right by murder,
by blows ami by every conceivable outrage. He be
lieved that in some things tho States were supreme,
and In some things the l-nited states were supreme.
He believed that Congress bad no more authority to
take those original papers and records and to tiring
them out from under the Jurisdiction of the State of
I.oulsian to tbe city of Washington than the authori
ties of liOuisiana had to take the papers of the United
(states and carry thenr to tho city of New Orleans. For
State rights there had been one war, and was It possible
that (he men who went Into war fori State rights had
tieen so fur converted by defeat as to bo ready to say to
d.iy that a Congressional committee could take and
carry away thesrclilves of a State, of a state Court,
or of a state Returning Hoardf It se. med that nothing
was sacred from Hemocrstic investigating committees.
Even to-day the committee of the House was commit
ting the Indecency of demanding from a National Com
iiiideo its whole mauner ot conducting a.Natioual
campaign, its who! correspondence, all its telegrams,
all its money collections. d:t. He was happy t-i my. as
a member of that committee, that he hp.d advised the
lull ting in of everything letters, telegrams, Ac for
lie knew perfectly well that there was nothing in them
which would indicate fri-ud In Lonisinna. Florida
or South Carolina. He knew that that commit
tee beilevrd that tbo Republicans had carried those
three States honestly and fairly, and that they would
bo co u n ted for U. li. Hnres unless the Democrats of
those States rnd of the United States should steal, by
fraud, the votes of thoe states, i Contemptuous laugh
ter on the Democratic side and in the galleries. j He
hoped that tho galleries would not help Uie Democratic
lde of the House in this debate.
Mr. Luttreii I io not think the gentleman has a
right to charge the Democratic party with atealiug.
when his Republican committees robbed poor orphans
aud widows, in the departments, to carry on the cam
paign. Loud applause in the galleries. J
Mr. Frye I did not know, when t gave the gentleman
from California liberty to ask a question, tbat he want
ed to interject a lit t lo deuiogogical stump speech that
would met the f pprovnl of the galleries on that side.
Mr. Luttrcll Do yon deny that it K sol Yon were on
the Republican National Committee, and you know
that the poor widows and orphans of tbe departments
were mails to pay for the support of the campaign.
LLoud talis of order ou the Republican aids vf the
Mr. Frye There la a committee of members of Intel
ligent members of the House, which is Investigating
that very subject. The committee will find out and
auswer tbe gentleman shorly.
jtiA J-uiueU UBna M n&ke boUw tenaik,
bus-was rn formed irr th StsMfcer that die geuttoman
front Main waa entitled to the floor..
Well, sir. said. Mr. Iaiitreil,.h bull-dozed them.
Mr. Fr-re- declared- that the RerraMtean Corrrmlftee
had never" assess oil; demanded or asked contributions
from such people a Mr. LuttreuV bad described. OR
theconrrarr.lt ha sen out a- very- pout reqnest.
icoutempruons langtrtert to gentlemen w bo were com
missioned by to President, and eoitntmad by the Sen
ate, to help to rati the campaign.
Mr. Lntrrell Was it not understood that every one
whe declined to" pay an. assessment should bo dis
charged! Mr. Frye It was not so understood, and there never
was a man asked twice for a contribution.
Mr. Luttiell Because if he- refnaed he was dis
charged. Mr. Frye And there-nerer waa a saggestton that
anvbody shoatd be punished for refusing to make con
tnbuuon, and there -never waw any contribution what
ever to the Republican National Committee from de
Mr. Cox, of New York, said that he wonld not follow
the argument ot the gentleman from Maine, which bad
been sulBcientlyanswered by the badinage of the gen
tleman from California and the ironical cheers of the
galleries. Tbe peint before the House was simply
wherher-the authority ot the House should b disre
garded by the Returning Hoard ol Louisiana.
Mr. Kussoa argued against the resolution, because it
would establish a precedent tbat a committee of the
House oould summon a Governor of a Stats to bring
before it papers of his office, and could bring that high
official before the bar of the House, and degrade him
by asking him to stand at the' bar and answer for con
tempt. If one State officer could b so f ronted any
other state offleer might be; If one stete paper conld
be taken any staite paper could - be taken, ami archives
of a state might be plundered. lie denied tlie right ef
a committee of the House or- a committee of both
bouses, by a resolution or by law, to insist upon the
executive officer of a State blinking his official paper
and producing them before it
Mr. Hooker said that he would not follow the exam
ple of the gentlemau from Maine f Mr. Frye) in seeking
to avoid and evade the plain-, simple proposition sub
mitted by the report ot the Judiciary Committee, by
stating with emphasis, which that gentleman did, that
he believed that for a series of years a great body of the
citizens of Louisiana had determined to deny tlie light
of suQrage to a certain class which was entitled to it.
What was there that surrounded the Returning Board
of Louisiana with a sanctity which prevented it from
giving to tbe Committee of the Honse information ss
to whether there had been an hoeeet vote in that Sister
Shonld it be said that tbat Returning Board had power
to cast out voles troni ithla or that parish, and that
there was no power which conld investigate whether it
had legally done so)
Mr. Garfield argued agaiDSt the resolution, and quote
authorities against the power therein asserted, refer
ring among other things to the fact tbat lu 1S0O, when
onr Fathers were niscussing the question of an election
contest, they distinctly excluded in the bill which
passed one honse in one form, and another house in an
other form, tbe idea that a petition touching tbe ques
tion of how a vote went iuside ot a Stale should be pre
sented or heard. He denied that any prince, or poten
tate, or Legislatnre, or Cougresu, or committee of
Congress, could wag its tongue against the act of a
State in that regard. He referred to the famous
Piaquemine fraud in 1844, by which the vote
of Louisiana was given to Mr. Polk, and stated that no
one then claimed the rigbt to go behind tbe vote of the
state to undo that outrageous and open fraud. He
argued that the provisions of the Constitution in re
gard o the Presidential election were Imperative, and
left no time or authority for contest, and he challenged
the naming of any statesman who had overclaimed
that Congress had the power, within the five limita
tions mentioned by him, to go inside of a State to took
at the vote. IT the vote of one State were examined,
the votes of all tbe States might he. and thns an elec
tion of a President might be at any time rendered im
possible. He appealed to the Democratic, side of the
Honse to pause before It committed this act of assault
and destruction ou whatever there was ot sovereignty
in tbe thirty-eight States of the Union.
Mr. Davis, of North Carolina, asked Mr. Garfield why
It was that partisan committees had been sent to three
Southern States by President Grant. I Excitement and
applause in the galleries, and general dlsonier.j
Mr. Garfield If the galleries will stop their clatter I
will answer. The gentlemen who went to fxmislnna at
the request of the President, went there-only as invited
witnesses, anil on our arrival we were asked by a Dem
ocratic Committee to Join them in helping to secure the
count of all the votes actually cast. We answered that
we were not there to secure anything, but least of all
were we there to direct anybody in Louisiana to violate
the laws of that state. That was their business, not
Mr. Davis By what authority did toe President In
vite them there!
Mr. Garfield If the gentleman needs to know ty
what authority an American citizen travels anywhere
in the United States, he will learn the authority by
which I, for one, went to Louisiana.
Mr. Davis Why was it that four years ago yonr
party threw out the Klectoral votes of several States!
L Calls to order and Increased contusion.l
Mr. Hoar called attention to the disorder, and stared
tbat it was only within the last two months tbat the
practice of interrupting the proceedings by ap
plause on the floor or in the galleries had
arisen. He called upon the Speaker, before exciting
matters would be presented to enforce rigidly the rule,
and to have it understood tbat any member who in
dulges in applause is guilty ot disorder, and that if it i
attempted in tbe galleries they shall be cleared.
The speaker stated that the suggestion was a very
proper one, but that it was a mistake to say that the
practice had growu np within tbe last two months.
The practice, however, was an evil which the present
occupant of the chair had always checked, and would
continue to check.
Mr. Hoar 1 withdraw absolutely the remark that
the practice has growu up recently, hut we all concur
in the desirability of its being stopped.
The Speaker remarked, iu Justice to the galleries,
tbat some times disorder occurred because an example
was set on tlie floor. He would, however, ilgidly pre
The dobato then proceeded.
Mr. Wood, of New York, regretted that, the gentle
man from Ohio IMr. Garfield had seen fit to close an
otherwise admirable argument by a mere partisan allu
sion, which was entirely unnecessary to the pro:er ilis
cussion of the present matter. Ho wanted no partisan
influence of redectiou to enter into the discission, and
wanted the question determined on principle!
higher than party principles. He held that the
States had no sole power lo appoint
Electors. Thev had the power to appoint them under
certoln restrictions, and It necessarily followed that it
devolved ou Congress to ascertain whether that power
hail been executed in accordance with the law. The
Const tutlon placed certain limitations ou the States,
aud not on Congress, as tho gentleman irum Ohio IMr.
Mr. Lawrence proceeded to argue against the resolif
tion, and in the course of the discussion he was met
with suggestions about the interference with State au
thorities In the Oregon case.
In response to those suggestions, Mr. Garfield ex
pressed the hope thai if there was no right to inquire into
that fraud without violating the Constitution ot Oregon,
Mr. Tilden woul be couuted in. .Ironical laughter on
the Democratic side. I
The previous question was then seconded, and the
resolution went over until to-morrow.
'i he speaker laid before the Honse a communication
from K. W. Barnes, the recusant witness, ueclariug
that the answer which he made wneo last oeiore the
bar of the Honse was made in good faith, and that he
was entirely willing to produce the messages demand
ed, if it were in bis power, and that be would make
every effort to obtain said messages, and asking that
he be permitted to make the attempt, promising that if
he were unable to do so, be should again place himself
In the custody of tbe Sergeant-a&arms.
On motion of Mr. Hunton, the communication was re
ferred to the Judiciary Committee.
M r. Hunton, from the Judiciary Committee, reported
a resolution permitting William Orton, now In custody
of the Sergeaut-at-arms, to proceed under his charge
to New i org. lor trie purpose oi consulting nis pnvsi
clan. aud providing that he should return to Washing
ton on Friday. Adooted.
Mr. Glover, by request, Introduced a bill removing
me legal uisaomues ui women. Aeicrreu.
SENATE Washington, January 17.
Mr. Morton, from the Committee on Privileges and
Elections, stated mat tbe money appropriated to carry
ou the invebtigatious now being made by tbat commit
tee had been expended. A bill appropriating $.j,000
additional, to defray the expenses of the commit
tee, hud passed tbe Senate, but was
delayed in the House of Representatives.
A sub-committee of the Committee on Privileges and
Elections was now in Ijouisiana. Its investigation was
verv important, but tbe committee could uot go tor-
ward without money. He made tbis statement in or
der to exonerate himself from any responsibility in the
suspension of these investigations.
Mr. Anthony, irora the committee on printing, re
ported with amendment the House resolution to au
thorize tbe Pub'lc Printer to bind in cloth copies ot
the Honse publication in regard to counting the Elec
toral vote. He said it would require but a small
amount to pay for the work, but he desired to eall the
attention ot the senate to the appropriation tor publio
printing and binding. The appropriation made at the
last session was Insufficient to complete the work or
dered by Congress. It was no nse to goon now in
oidcrlng work when there was no money to pay for it.
The resolution was agreed to.
During tne morning nonr rue nenate panaou a num
ber of private bill, after which Mr. Morton took the
floor, and renlled at length to the remarks of Messrs.
Johnston and Withers, of Virginia, made yesterday, in
regard to the occnuattou of Petersonrg bv the military
ou tbe day of the late election for Presided.
lie entirely nisaenteu rmm tne viewsor lawexpressea
bv the senator from Virginia, aud ban affidavits read to
show that violence and intimidation existed in Peters
burg at the election in the spring of 1x70, and argued
that the President was Justified In sending troops there
to prevent a recurrence of bloody ontrages. No one
was punished for these outrages. A half dozen Repub
licans were uearly killed in the streets of Petersburg;
but that was not considered violence.
Mr. Johnston denied tbat derailed violence existed.
Mr. Morton replied that the Senator was not in Peters
burg in the spring of 1870. and therefore he did not know
that violence did not exist. The trouble In regard to
all ontrages in the Southern States was, that they were
denied. Evidence of tbemas plied np mountain high,
yet they were denied.
Mr. Withers promised a reply to-morrow, adding,
tbat the colored people were beginning to vote with
the white people of tlie South, and that he noticed,
from measures presented here and from expressions,
notably by Senators Morton and Sherman, a latent pur
pose oh the part of tbe Republican party to divest the
colored people of the right to suffrage given to them by
Mr. Sherman said the senator had imputed an idea
which never entered his head. He denied that be desired
to deprive the colored people ot the light ot suffrage. If
left to themselves the colored people would naturally
vote for that party which gave them liberty and the
right of suffrage. The history of the whole. South
showed that the colored people would so vote. They
had only been induced to vohe rhe Democratio ticket by
means which wonld compel white people to give up the
freedom of the ballot. The time would come when
tbe negroes would have tbe force and power to
assert the reform of the ballot box. Let
negroes exercise their Intelligence and Republicans
would abide the result. It the Democrats In the South
ought to vole tbe negro against his will, the Republi
cans would resist it. He then referred to tho occupa
tion of Petersburg by the military, and deieuded the
action of tbe President in that matter.
Mr. Morton denied that he desired to withdraw the
right of suffrage Irom the negro, and eald the Senator
from Virginia conld not find any lively evidence tor that
After some further discussion the subject was laid
Mr. Sargent, from the Committee on Appropriations,
reported back the Honse bill making the appropria
tions for the consular and diplomatic service ot the
Government for the fiscal year ending June 1, 1878, and
the various amendments were placed on the calendar.
He gave notice that he wonld call it up for consideration
to-morrow, or aa soon ' thereafter as he could set the
The Chair laid before the Senate a eommnntearlo n
from the Secretary of War transmitting tbe report ot
Major G. Weitsei, of the Corps ef Engineers. In regard
to the superintendence and management of the. IiOBis
Tille snd Portlaud Canal. Referred.
Tbe consideration of Ihe report ot the Committee on
Rules revising .the roic toe Uie gov. tuuawU jit Uie
Senatet wasrresnmed. - After- an extended diaesnwloBi
upon the amendment, pronoeed bv the eoaimttteei to
oorapei the atteniuuiee of abseot senators when neeeax
nary m mus a quorum, too ainenoment was aareea.tob
The committee also reported an amendment declaring
that tbe Vice PreaitLeat shsil by bis v 01 determine the
question when the senate is -equally divided.
After some discussion It whs amended so aa to read.
"may by his vote determine," ami a amended, wo
Tbe report of the committee wps then agreed to. and
it waa ordered that a suthoient number of copies of Uie
revised rules be piloted.
The Senate then went into exeoutlve session, and
HOUSE Washington, January 17.
A resolntlen was adopted permitting E. W. Barnes
to go to- New Orleans in tbe custody of the Hergeant-at-arms,
to procure certain telegrams, and return to Wash
ington witn tnem witnio teaiays.
T he following bills were Introduced and referrelt
By Mr. stone, of Missouri To provide for the organ
izntion of the Territory of Oklahoma.
By Mr. Kidder Extending the tune of payment for
public lands in cases where crops have been aeuiroyea
by grasshoppers. Also, establishing a land district in
the Black Hills.
Mr. Wells, from the Committee on Appropriations,
reported tbe Indian Appropriation Bill.
Mr. Harris offered a resolution instructing thCom
nrittee on Privileges and Duties ot the House to report
what number ot Electoral votes is necessary, under the
Constitution, to elect a President. Referred.
A discussion took place upon the resolution reported
by the Judiciary committee, yesterday, i a relation to
the refusal ot membeis of the Louisiana Returning
Board to produce certain paper before the Louisiana
Mr, O'Brien said that the report and resolution be
fore The House received tils entire approval. Tbeob
Ject of the investigation was to determine the legality
of the acts of the Returning Hoard, and to verily tbe
returns made. Congress had this power, and lu this
orisis. when the existence of the Government itself
might depend upon tbe trae results of tils Luaisinm
election, it must resolutely exert itself 10 the fullest
Mr. Hoar ssld he was struok with amazement that it
should ever have fallen to his lot to defend the rights
of an American State against the Demo
cratio House of Representatives. He laid
down the proposition that whatever power
the Honse had to compel the authorities of the state
to deliver up the records ot that state, and bring them
to the House to be kept according to its will, tbat same
authority the Legislature of a State had over United
States ontcials wirhin its Jurisdiction.
Mr. Bland asked if a committee of the House had not
power to examine ballots in case ot contested elections
for members of Congress.
Mr. Hoar replied that the records which were sought
for were records ot local elections, ami record which
related to the existence of the Government of the state.
Nobody doubted that there was a certain class of rec
ords to which tbe principle he bad laid down did not
apply; but records of the election ot Presidential
Electors were records essential to the preservation of
government and sovereignty itself, and Congress had
no right to lay bands oa them and bring; them out ot
the territory of the state.
Mr. Hereford stated tbat the House bad never order
ed papers to be taken out ot ihe State. The Returning
Board had refused to allow an inspection ot them. 1 he
right of the people to inspect pnblio papers never had
been doubted until to-day. Why was It that at every
stage of this Investigation tbe Democratic party met
with obstacles aud objections from Republicans! It
was because lor years past Governors could be de
throned and no auestion, no objection, no protest came
from the other side. But now the voice of the people
must and would be heard tn deciding tbe great question.
Mr. Banks said that tbe reoorcs demanded were tbe
records on which the existence of the state Govern
ment aud the Government of the Cm ted states de
pended. He defied any gentleman to find in tte histo
ry of the United States a single instance in which such
a demand was made. No man could Justify tbe officers
of Louisiana if tbey bad given up their records into ir
Mr. southard said that in the Forty-second Session
the Committee ou Elections in the Senate had beoo or
dered to inquire whether there was a State Government
in Louisiana, and that in that investigation the Com
mittee had summoued to Washington members of the
Kellogg an J McEnery Returning Boards, and the rec
ords of both parties had been produced before it- Ap
plause. Mr. Banks replied that in that case tbe existence of
the government of Louisiana had been at stake aud
that government had not been established, and the
question had been whether oue or the other of these
governments should be established. It would be con
ceded that on Ihe records demanded would depend the
election of President of the United States. If they
were destroyed, the original evidence of that election
would have been destroyed. If they were surrendered
up, thev were surrendered (he made no impeachment
of the committee) to absolutely irresponsible parties.
They might be accidentally lost, or intentionally de
stroyed. It those records were lost by accident or de
stroyed by design, the only evidence that exists
on which the election of the President is founded
and the Government of the United States established,
wonld be lost or destroyed, and the manifestations of
interest and applause even that yell which hnd be
come historic, and which was heard yesterday showed
to what-extent some men, not contented with the
House, were willing to go in such matters. What was
the foundation for tins extraordinary, unparalleled and
unprecedented demand, which would ake from the
Government the verv evidence and f.rundation on which
its authority and fight to existence must he based!
Mere public rumor. And whence did it come! From the
Ssrty interested in tne destruction of the original evi
enee. The State of Looisiana, he declared, ought never to
yield up those papers, except to an overwhelming force,
aud the Government of the United States ought never
to suffer the State of Lonlsians to be deprived of their
possession, except hy a power greater than that of the
United States. (Sensation.
Mr. Hurd defended the resolution, snd argued that
tho only question was whether the Honse of Represen
tatives had the power to enforce the prodnction of
papers called for by an Investigating committee and
now in custody ot the Louisiana Reluming Boarnvand
when gentlemen on the ether side interposed
the objection that the states had rights which
Congress ' conld not interfere with. they
simply begged the whole question. The
gaiestion was whether Congress had the power to 111
qmre. If It bad. It necessaiily followed tbat it had the
right to call for the production of papers incident to the
inquiry. The records called for were publio records,
and must he produced for the information of the public.
The members ot the Louisiana Reluming Hoard did
not hold these papers as officers, but ss individuals,
aud as individuals they must respoud to the writ, and
produce them.before any tribunal that had the power
to order their production.
He thouabtthat the allnsion yesterday of his col
league IMr. Garfield! to Ihe Plaquemines fraud in
1844 was a most unfortunate oue. His colleague had
said that the Whig party of that day acquiesced in and
submitted to that fraud. He would say now, however,
that that acquiescence in fraud and outrage was not a
precedent that was to be followed by the Democratic
party or bv the people of the country at this day. Ap
plause on the Democratic side.J
Mr. Kasson regarded the proposition before the
HoTwe as a usurpation of power dangctouB to the future
pence aud welfare of the Republic.
Mr. Cox, of New York, closed tbe debate by saying
that the State ot Louisiana lies prostrate, but she is
Just aa necessary now to the great West, to the great
Nortd.to the whole country, fcs she ever was, and
she has a potential voice in determining for this
people who shall be our next Chief
Executive. Let us not, Mr. Speaker, allow that voice
to be throttled or despised, and let us cany out the au
thority of Congiess to show to the reoole that tho voice
of Louisiana has been given for libcrty.for peace.for hou
esty, for Democracy and for Samuel J. Tilden. TAp
plaitse on the Democratic side.
Tbe vote was then taken, and the resolution for the
arrest of tbe membeis of the Loulsiaua Returning
Board, and their prodnction before the bar ot the
Honse to answer for contempt, was adopted by a strict
party vote yeas 1 r8, nays SI.
The Senate amendments to the Contingent Deficiency
Bill were reported by Mr. Foster; of Ohio, and acted
on bv the House, some being coucuried in and some
The Speaker presented the resignation of Mr. Spen
cer, of Louisiana, as a member of the House, behaving
accepted the appointment of Judge of the Supreme
Court of Louisiana. Adjourned.
A. Flan for Counting the Electoral Tote,
With aa Interesting; Statement of the Cane by the
- Committee Fall Text of the Agreement in Joint
Committee Presentation of the Bill la the Senate
High Court or Fifteen to Decide All Disputed Ques
tions. REPORT OP THE JOTST COMMITTEE ON COCSTINO
THE ELECTORAL VOTE.
Western Associated Press Telegrams.
Washington, January 18. The following Is the
repott of the committees ot tbe Seriate and the
House ef Representatives, appointed under tbe
several resolutions ot those bodies, to prepare and
report such measures as may be best calculated to'
accomplish tbe lawful counting of tbe Electoral
votes, and tbe best disposition of all the questions
connected therewith, and a declaration of tbe re
sult: Tbe committee say that tbey bare considered
the subject named in said resolutions, and have
bad full and free conference with each other
thereon, and now report tbe accompanying bill
and recommend Its passage. We have applied
tbe utmost practicable study and deliberation to
the subject, and believe that tbe bili now reported
Is tbe best attainable, disposition of tbe different
problems and disputed theories arising
out of tbe late election. It must be
obvious to every . person conversant with tne
history of the country, and with tbe formation
and interpretation of the Constitution, tbat a
w ide diversity of opinions touching; tbe subject,
not wholly coincident 'with tbe bias or wishes of
members of political parties, would naturally ex
ist. We have, in this state of affairs, chosen, there
fore, not to deal with abstract questions, save so
far as tbey are necessarily involved in tbe legisla
tion proposed. -
It is, of course, plain tbat tbe report of --tbe bill
Implies that, in our opinion, legislation, may be
bad on the subject in accordance with the Conati
tntion, and we think tbat tbe law proposed is in
consistent with few ot tbe principal theories on
tua subject. . Tbe - Constitution . requires
tbat ' tbe Electoral votes shall be
counted on a particular occasion. All , will
agree tbat tbe votes named In the Constitution
are the constitutional votes of the States, and no
other, and when tbey bare been found and Identi
fied there is nothing left to be disputed or decided.
Ail the rest is mere clerical work of summing np
tbe numbers, which being dona tbe Constitution
itself declares the consequences.
Tbis bill, then. Is only directed to ascertaining,
for. the purpose and In aid of counting, what
are the Constitutional votes of tbe respective
States, and, whatever Jurisdiction exists for such
purposes, the blU only regulates the method of
exercislnx U- The--. Co net! tut ton' is our great
instrument -and surety for liberty and-order, and
spea&s in the amplest lanmsge for ail sach rsures in
whatever aspect . they, may be presented; It de
clares: tbat the Oongres shall have power to make
all laws whleh shall be necessary and proper for
carrrinsx into eieenrtlen the foregotog powers, and
all. other- powers' vested, by the Constitution
in: the Government ot the United. State,
or any department' or- officer", thereof; The
committees, . therefore, think that the
law proposed can not be justly assailed as uncon
stitutional by any, and for this reason think it
unnecessary, whatever may be our individual
views, to -disease- any of tbe theories referred to.
Onr fidelity to. the Constitution is observed
when we' find , that the law we recommend
Is consistent with tbat instrument. The matter
being a proper subject for legislation, the fitness
of the mean proposed becomes the next subject
of consideration. TJdod this we beg leave to sub
mit a few brief observations.
In all just Governments, both public and private
rights must be defined and determined by the law.
This is essential to every idea of such a Government
and la a characteristic distinction between free
and despotic systems. However important it may
be Whether one citizen or another shall be chosen
Magistrate, tor a period proposed, upon theories
of civil institutions, it is of far greater moment
that tbe will of tba people, lawfully expressed in
choice of that oftrcer, shall ho ascertained and
carried into effect in a lawful way.
It is true tbat in every operation of a govern
ment of laws, from the most trivial to tbe
most Important, there will always be a possibility
that tbe result reached will not be the true one.
The Executive officer may not wisely perform his
duty, the Courts may not truly declare tbe law,
and the legislative body may not enact the best
laws but in either of tbe last, to resist an
act of the Executive, the Courts, or- tbe
Legislature, anting constitutionally and lawfully,
within their sphere, would be to set np anarchy in
place of government. We think, then, tbat to pro
vide a olear and lawful means of performing the
great and necessary function of government in a
time of much publio dispute, is of
far greater importance tban the par
ticular advantage that any man or
party may lu the course of events possibly attain,
but we have still endeavored to provide such law
ful agenotes of decision in the present case as
shall be the most fair and impartial possible un
der tbe circumstances.
Each of the branches of legislature and J udi
oiary ate represented in the tribunal in equal
proportions. The composition of the judicial part of
the Commission looks to a selection from different
parts of tbe itepnblic. While it is thought to be
free from any preponderance of suppoeabie bias,
the addition of tbe necessary constituent parts
of tbe whole Commission, in order to obtain an
uneven number, is left to an agency the farthest
removed from prejudice of any existing attainable
one. It would be difficult, if not impossible, we
think, to establish a tribunal that could be less the
subject of party criticisms tban such a one. Tbe
principle of its constitution is so absolutely fair
that we are nnable to perceive hew The most ex
treme partisan can assail it unless he prefers to
embark his - wishes , upon the stormy
sea of unregulated proceedings. with
the disputes and dangerous results that
can never be measured nor defined, rather than
npon a fixed and regular course of law that in
sures peace and order of society, whatever party
may be disappointed in its hopes.
Tbe unfortunate circumstance tbat no pro
vision had been made on the sub
ject before the election has greatly added to
difficulties of tbe committees in doaling with
It, inasmuch as many of the people of the country,
members of tbe respective political parties, will
perhaps look with jealousy npon any
measure that seems to involve even
tbe possibility of tbe defeat of their
wishes; but it has also led the committees to feel
that their members are bound, by tbe highest dnty
In such a case, to let no bias or party feeling stand
in the way of a just and peaoeful measure for
extricating the question from embarrassments
that at present surround it.
In conclusion, we respectfully beg leave to im
press upon Congress the necessity of a speedy de
termination upon this subject. It is impossible
to estimate tbe material loss tbe country daily
sustains from the existing state of uncertainty;
it directly and powerfully tends to
unsettle and paralyze business, to weaken publio
and private credit, and to create apprehensions In
the minds of the people that will disturb the
peaceful tenor of their ways and happiness. It
does far more. It tends to bring republican
institutions into discredit, aud to create doubts of
tbe success of our form of government, and of
the perpetuity of tbe Republic. Allconsiderations
of interest, of patriotism and of justice unite in de;
manding of tbe law-making power a measure tbat
will bring peace and prosperity to the country,
and show tbat onr republican institutions are
equal to any emergency; and. in tbis connection,
we can not refrain from tbe expression of our sat
isfaction that your committees, composed of equal
numbers of tbe opposing parties, have fortunately
been able to do wbat has been attempted in vain
heretofore; almost unanimously agree npon tbe
plan, considered by them all to be just, wise, and
efficient. We accordingly- recommeai tbe pro
posed act to the patriotio and just' judgment of
Congress. Geo. F. Edmhsps,
i'lUCU'K T. FEf.ISGHUT6EN,
A. G. Thvrman.
T. F. Bayakd,
M. W. Ransom,
n. B. Pat1 e.
Abham is. Hewitt,
WH. M. HMtlNGEII,
Gko. W. McCrahv,
geo. f. hoak,
senator Morton waa the. only member of tbe
committee who did not sign the report.
BENATE Washington, Tannary 18.
Mr. ECmnnda, from the special committee appointed
to devise means fur counting the Electoral votes, sub
mitted a report In writing, accompanied by a bill. He
said tbe report, he waa bajpy to say, was signed by all
the members ot both committees, with- on exception.
The committee would desire te take the bill up at tbe
earliest possible day, probably Saturday, bnt certainly
on Monday next, and wonld press it to a final consid
eration. The committee was of opinion that the meas
ure they recommended was not what could be called a
compromise, bat it was a measure of justice in aid of
Constitutional government. No one would have tbe
right to say that anybody's views had bees surrendered
in any respect.
TEXT OF TUB BILL.
The following is a text of tbe hill accompanying the
report presented by Mr. Edmonds:
"A bill to provide for and regulate the counting of
votes for President and Vice President, and the de
cision ot Questions arising thereon, for the term com
mencing March 4, A. D. 1877.
'Be it enacted. By the Senate and House of Repre-
aentativea of the United (states of America, in Congress
assembled. That the Senate and Honse. of Representa
tives shall meet in the hail ot the Honse of Representa
tives at the hour of 10 o'clock, ante meridian, on the
first Thursday In February. A. D. 1877, and the Presi
dent of the Senate sball be the presiding officer. Two
tellers sball be previously appointed on the part of the
Senate and two on the part of the Honse of Represent
stives, to whom shall be handed, as they are opened by
tbe President of the Senate, all the certificate and pa
pers purporting to be certificates ot Electoral votes,
which certiflcatee-and papers shall be opened, present
ed and acted npon in the alphabetical order of the
States, beginning ith the letter A. And. said tellers.
having then read tbe same In the presence and hearing
of the two houses, shall make a list of vote as they
sball appear from said certificates, and the votes hav
ing been ascertained and counted as in this act provid
ed, the result of the same shall be delivered to the
President ot the Senate, who . shall, thereupon,
announce the state of the vote and the names of the
persons, if any. elected, which announcement shall be
deemed a sufficient declaration of the persons elected
President and Vice President of tbe United States,
and, together with a list of the votes, shall be entered
on the Journals of tbe two houses. Upon such reading
ot anyaocfc certificate or paper, when there shall be
only one return from a State, the President ot the Sen,
ate shall eall for objections, it. any. Every objection
shall be made m writing, and shall state clearly and
conclusively, and without argument, the ground there
of, and snail be signed by at least- one Senator and one
member ot the House of BeprtsenUUves before tha
asm shall be received . . .. .
"When all objection so - made to' any vote or-paper
from the State shall, have been, received and. read,
thA-SeaateahaU. thereupon withdraw, and such objeo-taeoa-eteHha.
submitted to the Senate torita decision;
and tbe Speaker of the Honse of Bepresentatlves Shalt
in like manner submit snob, objectteoa to the Hoasaoi
iepreeentatrrea tor its decision; and' no Electoral vote
or votes from any State from which but one return has
been received ahaU he objected to except bytheamrm-
atrve vote of the two homes.
"When the two house bare voted, tbey sball ImmedU
tely again meet, and the presiding officer shall then
announce the decision of the question submitted.
"SBC. 2, That if more than one return, or paper, par-
porting to be a retnrn fiom a State, shall have been
received by the President of tbe Senate, purporting to
be certificates of the Klectoral votes given at the last
preceding election for President and Vice President In
sueh State, nnless they be duplicates of the same re.
torn, all such retnrns and purer shall be opened by
him in the presence of the two houses, when met as
aforesaid, and read by the tellers, and all such retnrns
and papers shall thereupon be submitted to the Indg-
ment and decision aa to which is the true and lawful
Electoral vote of such State to a Commission oonsti-
tnted as follows, namely: During the session of each
honse on the Tuesday next preceding the first Thurs
day In February. 1S77, each bonse shall, by a rfro voet
vote, appoint five ot its members, who. with five Asso
ciate Justices of the Supreme Court of tbe United
States, to be ascertained as hereinafter provided, shall
constitute a Coin mission for the decision of all ques
tion a npon or in respect ot such double returns named
Id this section.
"On the Tuesday next preceding the first Thursday
in February, A. D. 1877, or as soon thereafter as may
be, the Associate Justices of the Soprcme Court ot the
United States, now assigned to the First, Third,
Eighth and Ninth Circuits, shall select, in eucb man
ner as the majority of then shall deem tit, another of
the Associate Justices of said Court, which five persons
shall be members of said Commission, and the person
longest in commission of said five Justices shall be
President of said Commission. Members of said Com
mission shall respectively take and subscribe to the fol
lowing oath: ' I, blank, do solemnly swear, or affirm
as the case may be. tbat I will Impartially examine
and consider all questions submitted to the Commission
of which I am a member, and a true Judgment give
thereon, asreeably to the Constitution and laws, so
help ma God.' Which oath shall be filed with the Sec.
retary of the Senate. When the Commission shall
have been thus organized, it vhall not be in the power
of either Honse to dissolve the same, or to withdraw
any of its members, but if any'such Senator or member
shall die or become physically unable to perform the
duties required by this act, the fact of such death or
physical inability shall be, by said Commission, be
fore it shall proceed farther, communicated to
tbe Senate or House of Representatives, as tbe case
may be, wblch body shall, immediately, and with
out debate, proceed, by vita voce vote, to fill the place
so vacated, and the person so appointed sball take and
subscribe to the oath herein before preeciibed, and be
come a member of said Commiasion. In like manner. If
any of said Justices of the Supreme Couit shall die, or
become physically incapable of performing-the duties re
quired by this act, the others of said Justices, members
of said Commission, shall immediately appoint another
Justice of said Court a member of stud Commission,
and in such appointments regard shall be had to Impar
tiality and freedom from bias sought by the original a p.
pointments to said Commission, who shall, thereupon,
Immediately take and subscribe the oath herein before
prescribed, and become a member of said Commission
to fill tbe vacancy so occasioued.
"All certificates and papers, purporting to be certlfi
cates of the Electoral votes of each State, shall be
opened In the alphabetical order of States, as provided
in Section 1 of tbis act. and when there shall be more
than one such certificate or paper, as tbe certificates
and papers from sach Stats sball so bo opened, except
ing duplicates ot the same return, thoy shall be read
by tellers. and thereupon tbe President
of the Senate shall call for objections, if
any. Every objection shall be made
in writing, and shall state clearly and concisely, and
without argument, the erouud thereof, and shall be
signed by at least one Senator and one member of the
Honse of Representatives before tbe same shall be re
ceived. When all such objections so made to any cer
tificate, vote or paper from a State shall have been re
ceived snd read, all such certificates, votes and papers
so objected to, and all papers accompanying the same.
together with such objeciions, shall be forthwith sub
mitted to said Commission, which shall proceed to con-1
elder tbe same wHu the same powers of any now pos
sessed for that purpose by the two Houses acting sep
arately or together, and by a majority of votes decide
whether any, or what votes, from each State, are the
votes provided for by tbe Constitution of tbe United
states, and how many and what pet sons were duly ap
pointed Electors in such State, and may therein take
into view such petitions, depositions aud other papers,
if any, as shall by the Constitution and now existing
law be competent and pertinent in such consideration,
which decision shall be made in writiuir, staling
briefly the e-roimd thereof, aud sicnod by the members
of said Commission agreeing therein; whereupon tho
two houses shall again meet, and such decision shall
be read and entered in the Journal of each house.
aud the counting of the votes sball proceed
in conformity therewith, nnless upon objection
made thereto in writing by at least five Senators and
five members of the House of Representatives, the
honses shall separately concur In ordering other.
wise. In which case such concurrent order shall govern.
NO. votes or papers from any other State shall be acted
until the objections previously made to votes or
papers from any beste snail nave ueea nuaiiy uis
No votes or pnpers from any other State shall be act
ed npon nn til the objections previously made to tbe votes
or the papers from any State shall have been finally dis
Sec. 3. That while the 'two bouses shall be in
meeting, as provided in tbis act. no debate shall be al
lowed, and no question shall be put bv the presiding of
ficer, except to either house of a motion to withdraw,
and he shall have power to preserve order.
"Sec. 4. That when tbe two honses separate to decido
npon an objection that may have been made to the.
counting of any Electoral vote or votes, from any State,
or upon objection to a report ot said Commission, or
other question arising under this act, each Senator and
Representative may speak to such objection or ques
tion ten minutes, and not oftener tban once, but, after
sueh debate shall have lasted two hours, it shall be tbe
duty of each bonse to put tbe main question, without
Sec. 5. That at such joint meetincr of the two
houses seats shall be provided aa follows: For tbe
President ot the Senate, the Speaker's chair; for
the Speaker immediately upon his left; the Senators
in the body 01 the Hall upon the rigbt
of the presiding officer; for the Represen
tatives in the hotly of the hall not provided for tha
Senators; for tbe Tellers. Secretary of Senate and
Clerk of the House of Representatives, at the Clerk's
desk; for other officers of the two honses in front of tbe
Clerk's desk, and npon each side of the Speaker's plat
form. Such Joint meeting shall not be dissolved nntil
the connt of the Electoral vote sball be completed.
an d the resnlt declared, and no recess shall be taken
nnless a queetion sball have arisen in regard to count
ing any such votes or otherwise nnder this act, in
which case it shall be competent for either house, act
ing separately, in the manner hereinbefore provided,
to direct a recess of such bonse, not beyond the next
day (Sunday excepted), at the hour of 10 o'clock in tbe
forenoon. And while any question is being considered
bv said Commission, -either house may proceed with its
lea-itimate or other bnaioess.
"SKC. 6. That nothing in this art shall be held to im
pair or affect auv right now existing; nniier tlio. Con
Hlitntinn and laws to onestlon by proceeding lu tlie Jo
dielsl Courts of the United States the right or title of
the person who shall be declared elected, or who shall
claim to be Presideut or Vice President of the United
States, if any stick nirht exists."
Mr. Hamlin introduced a bill to amend a section of
the Post-office Appropriation Bill for tho present fiscal
year, so as to chauee the compensation of Postmasters
of tbe fourth class to a basis of stamps canceled in
stead of stamps sold. Referred.
The Senate non-concurred in the amendments of the
House to the bill making appropriations to supply cer
tain deficiencies in the L'oulliigeut Fund of the House
of Representatives, and a cunha-ence committee waa
The Chair appointed as members of the committee
Messrs. Windorn, Allison and Withers.
Senate bill amending the pension law so as to remove
the disabilities of those who, haviug participated lu tbe
rebellion, have since Its termination enlisted in tbe
army of tbe United States and became disabled, was
called up by Mr. luealls, and passed.
Mr. Bogy spoke of the actions of Ihe Retaining Board
In Louisiana, and argued that tbey were illeKal. He
Suoted from the laws of the Stale to show what the
uties of tbe Board were, and declared that the rejec
tion of tlie vote of certain parishes by this Returning
Board was an act of Infamy against which all honest
men should protest. He .contended that tbe
election throughout the State was free
and fair, and quoted at great length
from testimony taken by tho Democratic Committee,
which witnessed the count, to show that there waa no
intimidation during the canvass. He argued that iu
East Feliciana the Republicans knew that the Demo
crats would carry tbe pariah, and they formed a con
spiracy not to vote, in order that they might charge
that the Republican vote bad been kept out by Intimi
dation, lie quoted from the testimony lo support of
his statement, and also to show tbat in various parish
es most of the trouble grew out of violence towards
colored uemocraia ny coioreu nepuuncans.
Before Mr. Bogy concluded his remarks be yielded to
Mr. Anthony, who reported a resolution . to
print 100,000 extra copies of the report ot tbe
Special Committee on the subject ' ut counting 1
tne Electoral vote. 1
After aa executive session, aqjonrneq.
HOUSE...... WA8SIH0T0X, January 18.
Mr. Jones, ef Florida, presented the petition erf Wll.
rrn. Hiibart H. Hilton. J. SL VDU and Robert
JBtUlvckt Xeiuociaws PisstdeaOat ! of Florida,
rtaftnioa-to haw- beea legally eJoobvt, and asking tha -th
Electoral vote cast by the Kir President -and Viae-,
president be counted innrrad ol that. cent try the. JiUeoa. .
Ou motion of Mr. Jones the petition was lud on thai .
table, and m gave notice he -wen Id nail it up next week.
A good deal of time waa occupied this morning In d
rilling the preinmnary qneatioa aa- to whether the--Honse
should now proceed to the consideration of the
reto! rations reported last Friday from the Commltteeos
Privileges anil trie Us I leg of iua Hone In Counting -the
F.lectoral Votes, or to- that ut the -cemiiroinue piaav
The Republicans favored the- latter, tbe Dentecrata
the former. Finally a vote by yeas and nays was
taken, and resnlted In veaa 141, nays HI, In favor of :
proceeding with the resolutions reported by Mr. Knott.
hairman of the Committee on Privilege, Ac, and Mr. .
Knott addressed the Uoase.
Mr. Knott said tho power to count as wU as open the
certificates had no more been conferred on the Presi
dent of the benate tuan on the Sergeant-at-arms or-'
Doorkeeper. The claim that it had waa utterly at war
with the construction which tbe Republican party It
self put upon tbe sume urevlHio 01 tbeConAtiAuttoa-.
Itwelvp years ago. when It bad actual control of every
rnepartmeot of the Uovernment, and which ootirt mic
tion mu party naa continued to pnuttoe as well as
preach so long as it rode on tbe flood-tine of success.
Why was not the Tweuiy-secoDil Joint Rule Just ss fair
and Just as cotnt tuiionol now aa it was twelve, or
eight, or four years aof Why hail there been such
radical revolntiou in the opinion of certain Republicans
as totike coRNtituiional mode of coantiria; the voteaf
ItHOid not know, but he did know that Romeof theua
had changed front by a sort of gyinnaaue feat. He ad
mitted that neither honse conld reert any fair
vote ot a State. It woald be revolution to
do so. But it woald be an equal crime to
connt a franrinlent vote. lie then indulged la
n fmreaam at tlx ex pense ot the President, iutinuttinsj
that bis construction of his duty in the premises wee
to strip the frontier aud 01 own the Capital with troops,
lu ooHcltisleii, lie sold, believing that this House baa a
high power ami a solium nut y to perform in regard to the
counting of tne Klectoral votes for President, and Vicar
President, in my humble Judgment any atu-mpt on thv
part of any man or body ot men, executive, legislative
or mlniste'naJ, to coerce this House to count the vine
which, in its Jndginenr, la Invalid, or void toooerce'
this Honse to throw out tbe vote which lu its Judg
ment is legal or valid, or- to interfere 111 any lnsnner
wliatever with the peaceful discharge of its cmistltu.
tional functions in this high lt-gard. would be iui utter
subveisiouof our Constitutional Uovorninonf, and If
ncco-jipanled by an anuexl and organized force would
be treason to the United .states of America. I Applause
on the Democratio side of the House and In . the gal
Mr. Rurrhanl, of Illinois, member of the commit
tee, offeied, on behalf of the four Republican,
members of tho com in it lee. tbe following aa a
substitute for the resolutions otlered by tlm committee:
"Hesolved. Hist, That it is tbf imwer and duty of tbe
House, conjointly with tbe iseuate, to provide" hv law.
or other constitutional method, a mode for fairly and
truly ascertaining and proiierly counting the e lx-toral
veto of each St.ite, so as to give effect to tbo choice of
each state in theelectieo of President aud Vice Preat
"Hesolved. second. That in the absence of legislative
provision on the subject, or authoritative dlri-cllon
from the Senal and House i.f Representatives, the
president of th Senate, upon opening the cettitlcat-ss,
declares snd counts tlie Klectoral votes for Presideub
aud Vice Presideut ot tbe United States."
The House resumed the f'onHiitratton of the resolrt
tions reported by the Committee 00 Privileges, nod waa
addtvsned by .Mr. Hnrchard. of Illinois, in favor of a
iinnonty teport. He said that the resolutions reporuxl
bv tbe majority aase-rted the most extreme power on
the part of tlie'jlouss, and involved the preat constitu
tional question whether the i-eooial Govern moot had
the rifiiit to review tbe proceedings of theollirers of a
state in the election or appotntmeutof Electors. If
that posirioa were correct, then either honse could ex
amine collatei ally whether tlie officers of a Slate had
taken au oath to supiioit the Constitution. Ho denied
that right on the pait of cither house, and held mat the
acts of the dt.ly constituted authorities ol a Ntate.
when verified ss required by law, must be
taken as legal and correct; He claimed
that there was no rower to go behind
such acts. John Adams and Thomas Jeft'erann were
supposed to know something aliotit the Constitution,
and each ottbe-rn. when be was President of tho isenatv
signed a cert Ideate in which he slated tbat he hast
eiied the certiorates and hnd couuted the Electoral
vote. He ( Mr. Hiirehard I had endeavored to cvnne to
his conclusions on the suhjeet lfl ne iwrtlsan spirit, and
he was glad 10 wee tltat a better feeling was prevailing
with respect to tlie duty of Contort-,
and lhat the quest Ion was to be decided
in a conciliatory spirit, giving to each side credit for:
honesty, aud that, above all things, violence Huoutil be
resort ed to only in tbat emergency that Inst resort
which JiiHtirieif the actioo of the fathers of tbe Revolu
tion. Much a Ucee could never come in the history of1
the American tioverument. and it was wieke-d to talk
abouL what uurrht tie done in case of an meriencj.
At the close of Mr. HurchaiU's speech, 1 lie resolu.
tious wont over without action, aau the House ad
SENATE. WASHLNOTONJannary 19.
Mr. Cameron, of Pennsylvania, presented rewoirrtiona
recently adopted by the Pennsylvania I'slsltit ore, de
claring than tlie will of the people, in Ihe eieeiinn of a
lresKient arid Vice President, can only be declJ insre
the manner iirepenbed by the Constitution, and 1e
uonncing any threats of violence or so attempt to cast
out the Klectoral vote of any Htate by either House of
Conizreas; anil, further, that the certificates of Ihe Klec
tors from the various states are constitntlonnl evidence
of the votes cast fur Preslrtent aud Vice President, and
rnnt be coaiitee?. ordered printed and lie on tho table.
The House bill, making apnroiiiiaiion for the Con-
snlar and frinluinatic servtee nf ihe tlovernineiit for the-
fiscal year ending Jnne :10. 187t, was taken up. Heversl
amenoments reported by tbe Committeo on Appropiia--lious
were agreed to, and tbe bill passed without dis
cussion. Mr. Cooper rreentod a nnmber of petitions from
the Southern Conferences of the Merhodist Kp'scorml
Clinreh. In ftivoi of p;iyin the claim of ihe Metboolnt
mniieuing uoine. or .nsnviiie. leucesscr. ueierreo.
Mr. West, from the Committee on ItallTnartn. re-
ported, with amendments. Benate bill (recently 10
trtnlnced by Mr. (ieniou) to creale a siuklng fund for
iiqimiatioii 01 rue i.overnnienr nonas aavancixi 10 m
Central I'nc;lic Hailroad Company, of California the
Western I'Heitic Kmlroad comp.mv, and the Union Pa
cific Hailroad Company, under the act of July 1, lH6'i,
Itnd acts amendatory thereof, and for the settlement of
iho claims of the iloverumeut ou ticcouut of said bonds,
placed on the calendar.
Mr. Pnddork Intuslnreda bill for tbe relief of settlers
on public lands under the Pre-einpllon Laws. Iteferrea.
A motion was rwide by Mr. Wnvre, of Maryland, that
when tbe senate udjouics, It bo to meet uu Monday
Mr. Edmunds opposed the motion, and said If the
Mil reported by tbe select committee In regard lo
the count of tlie Klectoral vote was to become a
law, the first act to bo done under it mnsfj
lie dime a wevk from Tuesday next. Ho the bill should
lie taken up to-morrow, that by next Tuesday the isen
ute might destroy it by manly blows, or pass it, aud not
smother it- or jwrnrpone.
Mr. Ktevensoti said a great deal conld be done by
private eonteririre, and he thought if the sensto
Mionld afljourn over to-morrow, much could be gained
bv conference. He agreed with ihe Henator from Ver
mont, however, that it was important to pass tbe bill
as soon as possible.
Mr. KOuiumia insisted npon calling Ihe Wll
np on fo-iuoi row. and said ronierencts could tie held in
the morniug and evening; the bill was of ure.it inipor
tanre. It would cause discussion, and ought to
Mr. Whvte withdrew his motion to adjonnr over,
aud rnHidiTaiion was resumed of the resolutions re
cently introrinerd by Mr. Wallace in regard to the
count of the Kiectnral vote.
M r. Hocy, who had the floor when the Senate ad
lonrned yesterday, coniinned his remarks In regard to
the condition of ufTritr 111 Ixmisiana.
I n the course of the, debate following; the r.peech. Mr.
Bogy said thHt the character of Packard in ."New Or
leans was that f nn infminn robher. tGreat applause
in the gallery on the rightof the i'hair.1
On lnotion'of Mr. KiliiiundH, the Hergeant-at-orma
was directed to clear tbe galleries on the rigbt of the
The order was execnted immediately.
II r. Sherman argued 1 hat t he rx vrf testimony p re
sen fed by the Senator iinm Misnouti did not show that
violence did not exist. The Senator Mr. Hopyl bad
sunken agaiust Mr. l'ackaid. Tlrnt was not right. Mr.
Packard was h man of t-hamrter nod standing. When
a tsenator on the floor of the Kenato arraigns a Governor
of a (state us infamous, he utilises bis privileges as Hen
ator. Mr. Bogy I do not admit that be is floTornor.
Mr. r-lieroian resuming, leferred to the Kansas
troubles In isr.l. and said bloodshed In Kansas gave
lise to a Republican -Ute now able t defend'
herself, and he hoped the blood of tire poor
negrees sbed in the South would enable
that race to defend Itself. Tho Democrats wiinted
to make a lU tnrmnl Dime of rhe Henate snd House
of RepreKsiit-fttlvea to trample down Ihe rights of trie
people of l-omsiane, snd give effect to the violence asd -tumult
which prevailed in that Htate during the can
vass. Mr. Bogy sold lie was not aware that be wss nhuatng
his privilege as senator by calling Packard infamous.
Auv man who by force and frand attempted to Impose
himself upon the people of a State as Ooveruor, was In
Mr. Morton said he regretted to hear the fipnator
from Missouri sneak as be did about Governor Puckard. -
HeiMr. Mortonj was riot under any personal or poliu
cal obligation to ooverrior Packard, bur. he whs some
what familiar with Ixiiilsiaiia affairs, and be bad never
heard him SfHiken of as a man of bad character, either
ss a politician, in society or In hnsinsss. Among the
Jobs heard ot ta ixiinsiana during the paat iivs years
Governor Packard was uever montioiieu as interested
In any ol them.
Pending disciusinn, Mr. Wtndom, from tho confer
ence committee 011 tho hill making mi aiipn.i1ion to
supply cerutiii dctictencies in the Cntijiufreftt Kuud of
the House uf Heproeeniatives, made a report, which
was agreed to.
1'lic ii-purt as agreed npon appropriates f 40. 000 for
the trausiMirliitioii ot rioveiuim-nt note, bonds, An.;
$'.'4,0110 for investigating committees of the lioiisnot
Keproseniatives, and 2.-1, Ooo lor the investigations
now being coiiduetf-d by the Committee ou Privileges
aud Elections of the senate.
Alter an executive session the Senate adjourned.
HOUSE WASlllxorog, January 19.
Mr. Hnntou, from the Judiciary Committee, reported
a resolution diseharKing William tlrton. President ot
the Westein Union Teiegraph Company, from the ens
tdv of tlie Surgeant-at-aims. Adopted, without di
vision. J. Madison Wells and Thomas C. Anderson were
brought before the bar of tbe House, to anas cr for eon
teuipt of privilege of the House. If avfhg anawered, to
the question piopoamted by tbe Hpeaker. 1 hat they
wonld prefer to postpone their further answer nntll the
remaining members ef the Louisiana Returning lloard
shall arrive Id Washington, the matter was referred to
the Judiciary Committee.
Mr. Kills offered a resolution calling on the President
for Information regarding the rival governments In
John lteiily. ol Pennsylvania, from tbe Committee en
Military Affairs, endeavored to report a resolution
directing the committee tu inquire what removals of
arms are being; made from one siwtloti of the country
to another, what changes made in the location of
troops, tbe number ot troops stationed at Washington,
the object of collecting them there, aud by wbo.,rler
it has been done; but. the point ol order being made
that the resolution waa not in order on Friday, it was
the House then went into committee of the whole
(Mr. MilUkin. of Kentucky, in Uie chairioo tire private
caleudsr. When the committee rose, Mr. Poster sub
mitted the report of the conference committee on the
bill to supply tne deficiency lu the contingent f uud of
tne House. A K reed lo.
Mr. Uolman, fiom the Appropriations Committee, re
ported that the ltaislstive. Kxeeutive ami Judicial
Appropriation Bill was marls the special order for Tues
aojo turned uu to-morrow.
SENATE WaSHIWOTOIt. January 20.
During the morning bour tbe message of tbe Presi
dent in regard to tbe occupation of Petersburg bythe
military ou election day, was discussed. Mr. Wither
and Mr. Morton participated.
air. jaoixon arnmniwi ian creueutiBie wi w misiu -
Kellogg as United etatcs Benaior from Louisiaua, an