2 CONGRESSIONAL RECORD-HOUSE. DECEl\IBER 4, 

dent p1·o tempore to Messrs. BLAL~, CHAFFEE, and TELLER, they took 

the.ir seats in the Senate. 

1th'. DAVIS presented the credentia.ls of Samuel Price, appointed . by the governor of the State of 'Vest Viq~iuia a Senator from that 

State to fill, until the next meeting of the Legislature thereof, the va- cancy caused by the death of Allen T. Caperton. · The credentials were read; and, the oaths prescribed by law having been administered to Mr. PRICE, he took his seat in the Senate. 

CLASSIFICATION OF COLORADO SE.a.~ATORS. 

Mr. HITCHCOCK submitted the following resolut.ion and order; 

which were considered by unanimous consent, and agreed to: 

Resolved, That the Senate now proceed to ascertain the cla.~ses to which the 

Sen :\tors fl'Om the Sta.to of Colora{}o shall be Msigned., in conformity with the reso- lution of the 14th of May, 1789, and as the Conl'!titution reqnimsOrdRud, That the Secreta.r.v put into t.he ballot~ box two paper:J of equal size, one of which shall be numbered two and the other shall boa. bl:mk. E .1 ch of the Sen- ators of the State of Colorado shall draw out one paper, and tile Senator who shall 

draw the paper numbered two shall be insertecl iu the class of Senators whose term of !'lt'rvice will expire the third day of March, 1879. 

That the Secretary then put into the ballot-box two papers of equal size, onA of 

'vbich shall be Immbered OJle and the other ~hall b6 numbered three. The other 

Senator shall draw out one paper. lithe paper c!mwn be-numbered one t.he Sena- tor sh:1.U be inserted in the class of Senators whose terms of service will expire the 

3c.l tlay of March, 1877, :mel if the paper drawn be numbered three the Sena.tor shall 

be iu11erted m t.he class of Senators whose terms of service will O>.'J)ire the 3d day 

of March, 1881. · 

The Secretary having put into tbe ballot-box two pa,pers, one num- bereu two auu the other a, blank, l\1r. CHAFFEE drew tbe paper num- bered two, auu is accordingly in the class of Senators whose terms of s~rvice will expire on thfl 3d day of March ltl79. 

The Secretary having then put into the ballot-box two papers, one numbered one and the other numbered three, Mr. TELLER urew tbe paper numbereu oue, and is accordingly in the class of Seua,tors whose 

torms of service will expire on the 3u day of March, 1B77. 

NOTIFICATIO~ TO THE HOUSE. 

Mr. ANTHONY offered the following resolution ; which was con- sidertd by unanimous consent, and agreed to : 

Resol~ed, That the Secretary inform the Honse of Represenhl.ti\'es that a quorum 

of the Senate is asSOllJbled and that the Senate is ready to proceed to busines11. 

N%TIFICATION TU THE PHESIDEJ."iT. 

Mr. A~TIIO~Y offered the following resolution; which was con- sidered by unanimous consent, and agreed to: ~solred, That a committee consistina of two members be appointed t{) join such 

committee as may be a.ppoiuted by the lrouso of Representatives, to wait upon tho 

President of the United St.<ttes and inform him that a quorum of each House is as- sembled, and that Congt·ess is rea.tly to receive :my communication that he may be 

pleased to make. 

By unanimous consent, the President pro temp01·e w.as authorized to 

appoint the committee on the part of the Senate; and Messrs. A.."i- THO~Y anu McCREERY were appointed. 

HOUR OF ~IEETL~G. 

On motion of Mr. ANTHO:NY, it was 

· Ordered, That the honr of the daily meeting of the Senate be twelve o'clock 

moridi:m until otherwise odered. 

RECESS. 

Mr. THURMAN, (at twelve o'clock and twenty minutes p. m.) I move tha.t the Senate t:tke a recess for three-qn:trters of an hour. 

Tho motion was agreed to; and at the expiration of the recess (at one o'clock and five minutes p. m.) the Senate re-assembled. 

A.J."i~UAL REPORTS. 

The PRESIDENT 1n·o tempore laid before the Senate the report of 

t.he Secretary of the Senate, communicating, in obedience tA Ja,w, a. statemeu t of the receipts anu expenditures of t.he Senate from July 1, 

Hl75, to June 30, 1876; which was ordered to lie on the table and be 

printed. 

He also laid before the Senate the n,unual report of the Sergeantat-Arms of the Senate, communicating, in obedience to law, a statement of property belonging to the United States in his possession December 4,1876; which was ordered to lie on t.he table and be prinred. 

He also laid before the Senate the report of the clerk of the Court 

of Claims, communicating, in obedience to law, a statement of all 

jud~ments rendered by that court for the year ending December 4, 

1R7t>; which was ordered to lie on the table and be printed. 

VOTERS IN CERTAI~ STATES-ELIGIBILITY OF ELECTORS. 

Mr. EDMUNDS submitted the following resolutions; which were 

ordered to lie on the table anfl be printed: 

Whereas it is provided in the secoml section of the fourteenth article of the 

amendment.<> w the Uonstitution of the Unitetl States that "Representatives shall be 

apportioned amon~ the se>eral States according to their respective numbers, count- ina tl1o whole nnmoer of persons in each State, excluding Indianl! not taxed. llut 

wfleu the ri~bt to >Ote at any election fot· the choice of electors for President and 

Vice-Presid.ent of the United States, Representati\'es in Uongress, the e~ecutive 

and ,judicial officer!'! of a State, or t!.w members of the Le_!rislature thereof, is denied to any of tbe mJLle inhabitants of such State, being twenty-ono years of age. and citizens of the Unite!l States, or in any way n.bridg:ell, except for farticipa.tion in re- bellio•, or other crime, tho basis of representation therein shal be re•lucerl in the 

proportion which tba tmmber of such male citizens shall bear to tho whole number 

of male citizen& twenty-one yea.~ of a~e in such State;" and 

Whereas it is alle~ed that in se>eral of tile St:1te.~. and particularly in the States 

of South Carolina.. Georgia, Florida, AltJ.lut.ma. Louisiana. and M.issi sippi, the ri1· ht 

of male inhaba~mts of said St!lteiJ, respectivel , be·ng twenty-one years of age. and 

Pi~i~lln& of tqe Pwtc4 St;ntlls, to vote 3t the lata elections of the electors for rresident. and Vice-President of the United States, and for RepreRentatives in Congt-eRS, 

and for the executive anrl judicial officers of such States, and for members of tho Le~slatures thereof, has been denied or l!l'Catly abrid!!ed: Therefore, 

Resolved, That the Committee on Pri\ileges and EJections, when appointed, be 

antl it hereby is instructecl to inquire amlreport as soon as may bel. Whether in any of the elections named in said amendment, in said States, in 

t.hfl yearf4 1875 t>r 1876, the rirrht of any portion of such inhabita.nts and citizens to vote as aforesaid bas been iu any wise denied or abrifl d. 

2. To what extent such denial or abridgment has been carried. 

3. llywhat meand such denhl or aurid~!rnent has been accomplished. 4. n.v whom has such denial or abridgment been effected. 

5. With what motives and for what purposes bas such denial or abridgment beell 

carried on. · 6. By what authority or pretenderlanthority has 11uch denial or abridgment been 

exercised. 

Resolved further, That the said <',ommittee have powt'r to employ such number of 

stenographers a.s shall be needful, and to send for persons and papers, and have 

letn-e t{) sit during the sessions of the Senate, and to appoint subcommitteeH with 

full power to make the inquil'ies aforesaid, and report the same to the committee. 

Resvl11edj·urthe-r, That said committee, in ortlet· to the more speedy pt'dormance 

of its duties, have power to provide for the taking of affidavits on the subjects aforesaid before any officer authorizec.l by the laws of the-United Sta.tes to take affidavits; 

a.nd to recei\'e and consider the same. Res l~:'!-d ju1·ther, That the sa.id committ~e be, and is hereby, instrur.ted to 

inquire into the olirribility to office under the Constitution of the United States of 

any perso•1s alleged' to have been ineligible on the 7th day of No\'ember l:lst, or to 

be ineligible as dedors of President and Vice· President of the United States, to 

whom certiticates of election ha\'e been or shall bo issued by the executive authority of any SLate as snch electors, and whether the appointment of electors, or those 

claiming to be such in any of tho StAtes, has been made either by furce, fraud, or other meanf4 otherwise than in conformity with the Constitution and l~ws of the 

Unitt'd States and the hws of the respective States; antl whether an.v such appointment or action of any such elector bas been in anywise unconstitutionally or unlawfnll.v interfered with; and tu inquire antl report whether Congress has any 

constitutional power, and, if so, what, and the extent thereof, in respt'ct of the 

appointment of, or action of, electors of President and Vice-President of the United 

States, or O\'er retums or certificates of votes of such elect{)rs; and t.hat aid com- mittee have power to end for pei'Rons and papers, and to employ a. stenographer, 

and have leave to sit during the session of the Senate. · 

PROPOSED CO~ TITUTIONAL CO~VE..~TION. 

Mr. lNG ALLS. I offer n, ·joint resolution, and ask that it be read, laid on the table, and printed. 

By unanimous consent, leave wns granted to int.roduce a joint res- olution (S. R. No. 27) recommending a convention to revise nnd amend 

Lue Constitution of the United States; which was read twice, and 

ordered to lie on the table nud be printed. It is as follows: 

Whereas article 5 of the Constitution empowers Con,!!l'ess to call a cQnvention for 

propos in~ amendments to the Con titutior, on the aJ?plication of the LegislatnrP.s 

of t~o-tbirds of the several States; and whereas it IS apparent that there are important defects in the system of the Federal Government which render the situation of the Unitell States at this time delicate and critical, calling for an exertion 

of t.ho combined \'irtue and wi:~tlom of all the people: Therefore, B~ it resolved, &c., 1. 'l'bat in the opinion of Congress a. convention of deleg-ates 

from the several States should be held for the sole and expre s pur·pose of revisin~ 

tho Constitntiou of the United States and reportin~ snch alterations and amend- ments in the nature of a.n entire instrument as shall, when ratified as provided in 

said article 5, render tho Federal Constitution ailequnte to the exigencies of the 

Governmt>nt :md the preservation and support of the Union. 2 Thai in tbe opinion of Congress each St.<tte should be represented in said con- vention by as many delegates as it is entitled to Senators and Representatives in 

CongrE'ss; two of tlaitl delegates from each State to be chosen by tho Legislature 

thereof, and one to be elecled from each congre. llionnl district by the qualified vot~rs thereof. at such time anll places a..<> the Legislature may prescribe: and that no person holding an office of honor, trust, or profit undor any State or under the 

Unitecl States slwuld be eligible as a delegate w said convention. 3. That in the opinion of UonS'ress sn.itl convention shonlll be held atColnmbns, in 

the State of Ohio, on tbe seconu Monday in May, 18i7, and sit without unnecessary 

interruption till it11 deliberations are concluded. 

4. That in the opinion of Con~ess tho Chief Justioo of the Supreme Court should 

be the presiding onicer of said convention, and that eaeh delt:gate should receive 

compensation at the rate of ~0 p11r cla.y, with mileage at tho rate of twenty cents fm· each mile necessaril,y tra>oled in going to and returning from the place of meet- ing, and that all the expensos of s:ti.d convention should be defrayed from the 'l'rea~ury ofthe United States. 5. That in the opinion of Uont:{I'ess the revised and amended Constitution should 

be reported to the President of the Uuitecl States upon the adjournment of said 

con\'ention, and that it should thereupon immediately be submitted by the President to a co"\vention of delegates chosen in each State by the people thereof, under 

the rt'AJOmmendation of its Legislature, for their as. ent and ratification. 6. That it is recommended to the Legislatures of the several States of the Union to apply to Uongress without delay to call a convention as aforesaid, as provided 

in a.rticle 5 of the Constitution. 

Mr. WRIGHT. I move that the Senate do now adjourn. 

The motion was agreed to; and (at one o'clock and thirteen minutes p.m.) the Senate adjourned. 

HOUSE OF REPRESENTATIVES. 

MONDAY, December 4, 1876. 

This being the day designated by the Constitution for the meeting 

of Congress, the members of the House of Represoutr.tives of tho Fortyfourth Congress assembled in their Hall for their second session. 

At twelve o'clock m. the Clerk, Ron. GEORGE M. ADAMS, called the 

House to order in the following words: 

The time for the meeting of the second session of the Forty-fourth 

Congress having arrivetl, the Spe;1ker of the Hou. c having since the 

last session of Congress departed this life, the Clerk, in conformity 

with the rules of the Honse, now roqnests the House to be in order. 

If t.here be no objection, tl-lc roll will be called to ascertain whether 

there be a quorum of members in attendance. · 
1876. CONGRESSIONAL RECORD-HOUSE. 3 -

CALL OF THE ROLL. 

The roll was called, and the following members answered to their names: 

John H. Burleigh. 

William P. Frye. 

Frank Jones. 

Samnel N. :&ll. 

Charles H. Joyce. 

William W. Crapo. 

Benjamin W. Harris. 

Henry L. Pierce. Josiah G. Abbott. 

Nathaniel P. Banks. 

Uharles P. Thorn pson. 

Benjamin T. Eames. 

George Y. Landers. 

Henry B. Metcalfe. 

Simeon B. Ubittenden. 

Archibald Y. Bliss. 

Edwin R. Meade. 

Samuel S. Cox:. 

Smith Ely, jr. 

I•'tlrnando Wood. 

AbramS. Hewitt. 

Benjamin A. Willis. 

George .M. Beebe. 

John H. Bagley, jr. 

Charles H. Adams. 

Miles Ross. 

P.obert Hamilton. 

Augustus W. Uutler. 

Chapman Freeman. 

Charles O'Neill. 

Samuel J. Randall. 

John Robbins. 

Washington Townsend. 

Alan Wood, jr. 

Hiester Clymer. A. Herr Smith. 

William Mutchler. 

Fra.ncis D. Collins. 

James B. Reilly. 

John B. Packet·. 

Joseph Powell. 

Philip F. Thomas. 

Charles B. Roberts. William J. O'Brien. 

Beverly B. Douglas. 

John Goode, jr. 

Gilbert C. Walker. 

William H. H. Stowell. 

Will1.1>m Terry. 

. MAINE. 

Harris M. Plaisted. 

NEW HAMPSHIRE. 

Henry W. Blair. 

VERMO::NT. 

Dudley C. Denison. 

MASSACHUSETTS. 

John K. Tarbox. 

William Wirt Warren. 

George F. Hoar. 

Julius H Seelye. 

Chester W. Chapin. 

RHODE ISLAND. 

Latimer W. Ballou. 

CONNECTICUT. 

James Phelps. 

NEW YORK. 

Martin I. Townsend. 

.An1lrew Williams. 

Henry H. Hathorn. 

Samuel F . .Miller. 

George :a. Bagley. 

Elias W. Leavenworth. 

Clinton D . .MacDougall. Elbrilige G. Lapham. 

Charles C. B. Walker. 

John M. J?a-vy. 

George G. Hoskins. 

Nelson L Norton. 

NEW JERSEY. 

Frederick H. Teese. 

.A ugustns A. Hardenbergh. 

PENNSYLVANIA.. 

Sobieski Ross. 

John Reilly. 

WilliamS. Stenger. Levi Maish. 

L.A. Mackey. 

Jacob Turney, 

James H. Hopkins. 

Alexander G. Cochra.ne. 

John W. Wallace. 

George A. Jenks. 

James Slleakley. 

Aluert G. Egbert. 

DELAWARE. 

James Williams. 

MARYLAND. 

Thomas Swann. 

Eli J. Henkle. 

William Walsh. 

VIRGINIA. 

George C. Cabell. 

John Randolph Tucker. 

John T. Harris. 

Eppa Hunton. 

NORTH CAROLINA. 

Jesse J. Yeates. 

John A. Hyman. 

.Alfred .M. Waddell. 

Joseph J. Davis. 

Alex:anderS. Wall~ 

Julian Hartridge. 

Philip Cook. 

Henry R. Harris. 

Milton A. Candler. 

Jere Haralson: Je1emiah N. Williams. 

Ta.ul Bradford. 

Lucius Q. C. Lamar. 

G. Wiley W olls. Hernando D . .Money. 

Randall L. Gibson. 

E. John Ellis. 

Milton Sayler. 

Henry B. Banning. 

J obn S. Savaae. 

John A . .McM'ahon. 

Americus V. Hice. 

Frank H. Hnrd. 

Lawrence T. Neal. 

William Lawrence. 

Earltly F. Poppleton. Charles Foster. 

Alfred M. Scales. 

Thomas S . .Ashe. 

William M. Robbins. 

Robert .B. Vance. 

SOUTH CAROLINA. 

Rober~ Smalls. 

GEORGIA. 

James H. Blount. 

William H. Feltori. 

Alexander H. Stephens. 

Benjamin H. Hill. 

ALABAMA. 

Charles Hays. 

John H. Caldwell. 

William H. Forney. 

MISSISSIPPI. , Ot.llo R. Sineleton. 

Charles E Hooker. 

John R. Lynch. 

LOUISIANA. 

omo. 

Chester B. Darrall. 

William B. Spencer. 

John L. Vance. 

.Ansel T. Walling. 

Milton L Southard. 

Jacob P. Cowan. 

Nelson H. Van Vorhes. 

Lorenzo Danford. 

Laurin D. Woodworth. 

James Monroe. 

Henry B. Payne. 

Andrew R: Boone. 

John Young Brown. 

Charles W. Milliken. 

J . Proctor Knott. 

H enry W atttlrson. 

George G. Dibrell. 

Haywood T. Riddle. 

Jolm F. House. 

KE::NTUCKY. 

Thoma.CJ L. Jones. 

JoHepb C. S. lllackburn. 

Milton J. Durham . John D. White. 

TE:NNESSEE. 

Washington C. Whitthorne. 

John D. C. Atkins. 

William P. Caldwell. 

C::J.Sey Yonng. 

Benoni S. Fuller. 

JE\ptha D. New. WilliamS. Holman. 

Morton C. Hunter. Thomas J. Uason. 

WilliamS. Haymond. 

Bernard G. Caulfield. 

Carter H. Harrison. 

John V. LeMoyne. 

Stephen A. Hurlbut. 

Horatio 0. Borchard. 

Thomas J. Henderson. 

Greenbm-y L. Fort. 

Richard H. Whiting 

John C. Bagby . 

Edw:trd C. Kehr. 

Era,'>tus Wells. 

William H. Stone. 

Robert A. Hateher. 

Richard P. Blantl. 

Charles H. Morgan. 

John F. Philips. 

Lucien C. Ganse. 

William F. Slemons. 

.Alpheus S. Williams. 

Henry Walrlron. 

William B. Williams. 

George H. Durand. 

Omar D. Conger. 

., '1-. 

INDIANA. 

Milton S. Robinson. 

Frank lin Landers. 

;r ames L. Evans. 

.Andrew H. Hamilton. 

John H. Baker. 

ILLINOIS. 

ScottWike. 

William M. Springer. 

Adlai E. St.evenson. 

Joseph G. Ca.nnon. 

J obn R. Eden. 

William A. J. Sparks. 

William R. Mortison. 

William Hartzell. 

William B. Anderson. 

MISSOURI. 

Benjamin J. Franklin. 

David Rea. 

Rezin A. De Bolt. 

John B. Clark. jr. John M. Glover. 

.Aylett H. Buckner. 

ARKANSAS. 

.. William W. Wilshire. 

Thomas M. Gunter. 

MICHIGAN. 

George Willard . .Allen Potter. 

Nathan B. Bradley. 

Jay A. Hubuell. 

LORIDA. 

Jesse J. Finley. 

TEXAS. John H. Reagan. 

Da"hl B. Cnluerson. 

James W. Throckmorton. 

Roger Q. Mills. 

John Hancock. 

George W . .McCrary. 

John Q. Tufts. 

Lucien L. Ainsworth 

Henry 0. Pt-att. 

Charles G. Williams. 

J.ucien B. Caswell. 

Henry S. Magoon. 

William Pitt Lynde. 

William A. Piper. 

Horac6 F. Page. 

1\fark H. Dunnell. 

Horace B. Strait. 

William A. Phillips. 

John R. Goodin. 

Benjamin Wilson. 

Charles J. Faulkner. 

IOWA. 

James Wilson. 

Ezekiel S. Sampson. 

John A. Kasson. 

Addison Oliver. 

WISCONSrN. 

Samuel D. Burchard. 

Alanson M. Kimball. 

Jeremiah M. Rusk. 

George W. Cate. 

CALIFORNIA. 

John K. Luttrell. 

MINNESOTA. 

Wil.1fum S. King. 

OREGO::N. 

Lafayette Lane. 

KANSAS . 

William R. Brown. 

WEST VIRGThTJA. 

Frank Hereford. 

NEVADA. 

William Woodburn. 

NEBRASKA. 

Lorenzo Crounse. 

The CLERK. Two hundred and fourty-eight members have answered 

to their names, more than a quorum to transact business, and the Clerk 

is now prepared 'to receive nominations for the office of Speaker. 

:hfr. HOLMAN. I offer the following memorandum and move its 

adoption by the House. 

Mr. BLACKBURN. I desire, Mr. Clerk, to have entered the reason for the absence of my colleague, Mr. CLARKE, who, as I am informed 

by telegram, is detained at llomo by serious illness in his family. 

Mr. HOLMAN. I move the adoption of the order which I have sent 

to the Clerk's desk. 

Mr. BANKS. I rise to a question of privilege, Mr. Clerk. I hold the 

certificate of the election of the member from the State of Colorado, 

which State was a.dmitted--

Mr. WIKE. I object. 

Mr. BANKS. It is a question of privilege. 

Mr. HOLMAN. The highest privilege is the organization of this 

House by the election of a Speaker. 

The CLERK. The gentleman from Indiana was recognized by the 

Clerk to submit a motion. 

..., 
4 CONGRESSIONAL RECORD-HOUSE. DECE:rtiBER 4, 

. Ur. BANKS. The motion I have made is of higher privilege than 

the one in reference to the org:s.nization of the House. 

Mr. WIKE. I object. 

Mr. BANKS. I desire to say that the right of a member to vote is 

tho highest possible privilege which can be presented to the House. 

The election of Speaker is a secondary matter which can be deterruined nly after the right of members to vote has been decided. 'fbe 

prirnafacie right of a member, that upou which we were all admitted, 

is the certificate of the governor of a State. · Mr. WIKE. I object. 

Mr. BANKS. I send the credential of the member from Colorado--

Mr. COX. There is nobody to administer the oath to the member 

from Colorado until we organize by the election of a Speaker. 

Mr. BANKS. The oath ettn be administered by any member of the 

House. 

Mr. HOLMAN. The administration of the oath is not neC('ssary. 

The statute prescribes in reference to the proceedings in the organization of the House the manner in which the roll of members shall be 

made out, and who shall participate in the organization of the House. 

Under that Jaw tho Clerk of Congress has prepared the roll of mem- bers which has just been called, aud be has announced the presence of a quorum for the transaction of business. I therefore submit, Mr. 

Clerk, that the highest step in the progress of the House at this moment 

is its complete organization, which is effected, upon tile basis of the 

roll made out in pursuance of law, by the election of Speaker. No 

gentleman is prejudiced by this action. 

Mr. DANKS. Yes; be loses his vote. 

Mr. HQLMAN. But he could not be placed on the roll of the House 

in conformity with law. Tbe Clerk could not place him there. The 

law does not authorize the placing of a gentleman on the roll repre- sentin~ a State not represented in the preceding Congress. 

Mr. BANKS. I desire the,.privilt\~e of saying, in reply to the gentleman from Indiana, that the electwn of a Speaker, which is neces- sary to the completion of the organization of the House, is a matter 

secondary to the determination of who is to participate in the vote 

upon that election. Now, sir, the making up of the roll which the 

Clerk has read, and to which members have responded when their nn.mes were caJled, is, as far as the Clerk is concerned, a mere ministerial duty. He ree.eives the certificates of governors of States as to 

the election of members, and upon the p1-irnajacie evidence be placed 

the names upon the roll. That does not prevent the House from 

changing it, if in the intermediate time another membe1· should !Je 

elected. 

Now, sir, I think there are half a dozen members here from different States of the Union whose seats are uncontested, a!Jout which no question can be made, who are ready to be sworn. The execut.ive officers of the States, according to the Constitution of the United States 

and the laws of tile several States, have certified to their election; 

and tbey should not be deprived of t.heir right to vote in this case. But I say to the gentleman from Indiana. that in the history of this 

Honse he cannot find a single instance where a .certificate of a gov- ernor of a State has been presented to the House certifying to tile 

proper and legal election of a member, and that election has been un- disputed, that t bat certificate has not been received as prima facie evidence of this election and be has not been permitted to vote. 

Mr. LUTTRELL. I desire to ask tile gentleman from Massachusetts one question: What evidence have we · of Colorado being a Sta.te f 

.Mr. BANKS. The President bas proclaimed it a State. I hold the 

President's proclamation in my hand. I ask that the credentials of 

tile Representative elected from that State shall be received; and I 

would ask that the oldest member of the House should administer the 

oath to him, and also to other members who have credentials and who 

have not been sworn. · .Mr. HOLMAN. Mr. Clerk, the administration of the oath is not a prerequisite of the right to vote in the election of Speaker. That is 

not a prerequisite. 

Mr. BANKS. I do not think it is. . Mr. HOLMAN. The gentleman from Massachusetts himself [.Mr. 

BANKS] was not sworn as a member before he voted in the organiza- . tion of the present Honse. The only prerequisite to the act of electing a Speaker of the House is the preparation of the roll under the 

law. And the gentleman from Massachusetts must bear in mind that 

since t.be enactment of the present law upon the subject declaring who 

shall be placed upon that roll: and providing in effect that the persons so pl:wed upon the roll shall alone participate in the organization of 

the House, the question to which he bas referred has never arisen. 

There is at present no Honse organized. There is no person to determine whet.her the gentleman from Colomdo is eutitloll to have his name placed npon tho roll or not. The embarrassment in the way is 

that tbe law does not provide for a case such as that of Colorado. The 

Clerk has not the right to place upon tbe roll the name of the gentle- man claiming to represent Colorado; but he is not prejudiced, except 

in the particular a-ct of the orgauiza.t.ion of the House. 

Mr. BANKS. A..ncl that is tlie most important act of all. The law, 

Mr.Cle,rkMr. HOLMAN. I believe I have the floor. · Mr. BANKS. I trust the gentleman will permit me one remark in 

reply. 

:Mr. HOLMAN. Very well . 1\fr.BANKS. The law to which thegentlemanfrom Indiana refers 

is for the instruction of the Clerk of the House alone, in tho performance of a ministerial duty. It is for his instruction alone. He can do nothing except what the Jaw specifies and provides he may do. 

But the Constitution of the United States gives to this House the 

power to determine who are its members and who shall vote on this 

very question of the election of Speaker. Now, sir, there is not a precedent in the history of this House-l ventu're to say there is not one single precedent, where the certificate of the governor of a Stato 

has been presented, ce1·tifying to the election of a member of this 

House, thero being no dispute and no contest in regard to it, that it 

has not been received. 

Mr. HAMILTON, of New Jersey. Will tho gentleman allow me to 

· correct him ' 

Mr. BANKS. In a moment. In this case it is essential that the 

member presenting the certificate should vote in what may be the 

most important act of the Hession. I will now hear the gentleman 

from New Jersey. 

Mr. HAMILTON, of New Jers y. I beg to remind the gentleman 

that in the New Je,rsey case in 1 38 those holtling the certificates w re not admitted. In that case the members bad received certificates from 

the proper officer of the State. 

Mr. BANKS. The gentleman from New Jersey is mistaken, I think, 

upon tb:tt point. A part of the members-elect from the State of New 

Jersey had the governor's certific:tte nnd a part of the members had 

certificates from the secretary of the State. Tho governor who bad 

given the certificates stated in an argument which was presented to 

the House of Representatives that be regretted that under the laws 

of the State of New Jersey be was not able to do justice to the con- testants by giving them certificates. 

Mr. WADDELL. Allow me to correct the gentleman from Mas a- chnsetts in regard to what has been the former practice of t.bis House. 

I will state what occurred in my own case. I came here with a cer- tificate from the governor of the State of North Carolina to the Fortysecond Congress, and when I went up to be sworn in, Mr. Maynard, of 

Tenne see, objected and I was made to stand aside. · Mr. DANKS. That was on account of clisabilities. 

The CLERK. The gentleman from Indiana [Mr. HOLMAN] is entitled to the floor. 

Mr. WIKE. Mr. ClerkMr. HOLMAN. The gentleman from Massachusetts [Mr. D.A.J.~s] 

must perceive that the precedents to which he refers have no application to the present law and the present rule of the House. 

Mr. COX. I calLfor the reading of the resolution now pending. 

J\1r. WIKE. What is before the House f 

Tile CLERK. The gentleman from Indiana [Mr. HoLMAN] submitted a resolution, which has not yet been read. 

Mr. HOLMAN. Before it is read--

Mr. WIKE. I call for the reading of the resolution. 

Mr. HOL~fAN. Defore it is read I c.lesire to submit two points in 

reply to what the gentleman from Massachusetts [Mr. DANKS] has 

sahl. 

Mr. DANKS. I desire to have it stated by the Clerk that I have presented a question of privilege involving tho right of a member of this 

House to take part in its organization. 

The CLERK. · The RECORD will show what the gentleman from 

Massachusetts has submitted . .Mr. HOLMAN. I desire to have read the present rule of procedure 

in the organizu,tion of this House. I will then ascertain the views of 

the House, so far as one member can do so, by calling the previous 

question on the resolution which I have submitted. I ask that so much of the thirty-first section of the Revised Statutes as I have 

markecl be now read, to~ether with that portion of the rules of this 

House relating to tho subject. 

The following was road : 

In making up of said roll, he ia direct~d to place thereon the names of all persona 

claiming seats as Representatives-elect from States which were repre en ted in the next preceding Congress, and of such per. ons only, and who e credentials show 

that they were regularly elected in accordance with the laws of their States re· spectively, or the laws of the United States.-( Laws Second Session Thirty-ninth 

Oongress. Sesiiwn Laws, page 28.) Having ascerta.ined whether or not a quorum is 

present, he announces the fact to the House. If a quorum shall have answered, 1t is then usun.l for some member to move "that the llouse <lo now proceed to the 

election of a Speaker viva voce." 

Mr. HOLMAN. It will be perceived from these provisions, the one 

of the statutes found as section 31 of the present Revised Statutes, and 

the other a rule of this Honse, that, avoiding the very question which 

the gentleman from Massachusetts now seeks to raise, it is made clearly the duty of the Clerk to proceed as he bas do e in conformity with 

that statute and with that rule of the House in making up the roll. 

I therefore call the previotls question on the pending resolution. 

Mr. BANKS. I trust the gentleman will allow me-- Mr. COX. I call for the reading of the resolution offered by tho 

gentleman from Indiana. 

The CLERK. Tho Clerk begs to state the condition of the two questions submitted here that the House may properly under tand them. The gentleman from Indiana submitted a resolution which has not 

yet been read. 

Mr. WIKE. I claim the floor, Mr. Clerk. 

The CLERK. By what rightT 
1876. CONGRESSIONAL RECORD-HOUSE. 5 

1\Ir. \YIKE. I submit to the Clerk the question whether I have tho 

floor or notT 

The CLERK. Tho Clerk does not understand that the gentleman is 

entitled to the :Boor. 

1\fr. WIKE. I want to statb my understanding of the qnestion. I 

rise uere to object to the introduction of Colorado as a State into the 

Union. 

The CLERK. The Clerk does not understand that that question is now pending, . Mr. WIKE. I want to make my objection in time. The CLI~RK. The Clerk will state the question before the House. 

Wbeu it was annonncerl by the Clerk that a quorum had ::ml:lwere(l 

to their names and the Clerk was ready to receive any motion which 

the Honse might be pleased to entertain, the gentleman from Indiana rose and submitted a resolut-ion, which has not yet been read. Pending that question, the gentleman from .Massachusetts arostl to a question of privilege and presented the certifica.te of a member-elect to 

the present Congress. The H()use must perceive that it is impossible 

for the Clerk to make any decision upon any question of privilege or ns to which question sh:tll take precedence, that of the gentleman 

from Indiann. [Mr. HOLMAN] or that of tho gent.leman from 1\l:.tt!sachnsetts, [Mr. BA-'\TKS,] until tue Clerk and the Honse have heard read 

the resolution of the gent.leman from Indiana, [Mr. HOLMAN.] That 

resolntion will now be read: 

The resolution was read, as follows: 

The House being informed that since its last, n.rljonrnment Hon. Michael C. Kerr, 

who at the commencement of the present Congress was elected SpcakPT of the 

llonse, baa departed this life, creating n. Yacanoy in the office of Speaker, it is 

lberefore ortlered that the House do now prooeeu w the election of a Speaker viva voce. 

Mr. HOLMAN. This being a question of the highest privilege, and n necessary result of proceedings already bad, the reading of tl.Jc roll 

made out in conformity to law, it not being contended but what every 

gentleman entitled by virtne of the present law to have his namE} 

placed on the roll has ha.~ his name placed on thn.t roll, I call the 

previous question on the adoption of the resolut,ion. 

Mr. BANKS. I hope the gentleman from Iniliana [Mr. HOLMAN) 

will allow me to say onl.v this, that the law to which he refers con- cerns only the opening of a new Congress; it has nothing to clo with 

the case now presented. Even if it had it is only an instruction to 

the Clerk in regard to his performance of a miui~:~terial duty. The 

Uonstitution of the United Stn.tes gives to a man who has the certificate of his election from the governor of the State which he has 

been chosen to represent-the Constitution gives to him, until tho 

question is uecided otherwise, the prima facie right to vote upon 

this very question of the organization oi the House. 

Mr. HOLMAN. Does not the gentleman see that it is far better to 

act under the law and the rule of the Honse in these preliminary 

proceedings than to go into questions upon which there may be 

diversity of opinion f I have, myself, no doubt that the gentleman 

referred to as representing the new State of Colorado is entitled to 

be sworn in as a. memuer of this House. Dut under the Jaw he is 

not entitleu to have his name placer! on this roll, and the persons 

whose names are placed on this roll are those who are entitled to 

tnke part in the election of Speaker of this House. 

Mr. BANKS. The House can direct that his name shall be placed on the ro11. 

Mr. HOLMAN. I insist upon tbe previous question. 

Mr. BANKS. I desire to say, Mr. Clerk--

Mr. WILLIS and others called for the regular order. 

1\lr. FRY E. I rise to a question of privilege. The CLERK. What question of privilege f 

Mr. FRYE. I hold in my hand the cerl:iificate of tho governor of 

the State of !laine of the election of Euwin Flye in place of JA.l'IES 

G. BLAI~E, resigned. 

:Mr. WOOD, of New York. I rise to a question of ordeT. Until the 

pending question is disposed of, that involved in the resQlntion submitted by the gentlem:tn fro;:n Indiana, [Mr. HOL:\:IA.l.~:] any other 

proposition is clearly out of order. The organization of the House is 

n. question of the highest privilege, and t.his is the question now pent ling. 

Mr. FRYE. Mr. Clerk, this is a. proposition to proceed to the election of a Speaker. Under f,he rnlo read at the instance of the gentle- man from Indin.na. [Mr. HOL:.\lAN] the case of Edwin Flye cleal'ly demands that his nn.me should be pbced 1pon the roll, and that he be 

permitted to vote upon the question of the election of Speaker. I 

therefore ask that the name of that gentleman may be placed on the 

roll. 

Mr. WOOD, of New Ym·k. There are four or five cases in which 

sinee the last session of this Congress elecLions have been held to fill 

vacancies. I propose that the ordinary course of procedure of this 

House from time immemorial shall be followed in those cases. Wo 

should first elect a Speaker, commencing as it were de nol'o, according to the roll made up by the Clerk under the law, from the credentials filed in his office. After the Spea.ker shall have been elected, 

his fu·st duty will be to swea.r in those members who ha.ve the propeT 

credentials and present themselves at the Clerk's desk for that purpose. It does appear to me thn.t this attempt to interpose objections 

and dilatory proceedings-! do not accuse gentlemen of any such intention, bnt such is the effect of their propositions-:-boforo we organize the House by tbe eleetiou of a Speaker, is, to say the least, un- necessary and inopportune. I suggeMt tuerefor~ tha.t if those gentle- men will wait twenty minutes or a half an hour, until we have or- ganized the House, these other proceedings will Le clearly in order. 

Bnt taking precedence of all other questions, as a matter of the higbest privilege, is the organiza.tion of this House. 'Ve now have no Speaker, no properly constituted official organ or presiding officer 

of the House. 

l\Ir. HOLMAN. I must insist upon my demand for the previous 

questio-n. The Clerk has made up the roll in conformity to law from 

the data furnished to him from the several States of the Union. 

There is no pretense to the cont.mry. Jf the question was raised 

whether the Clerk had properly performed his duty, I admit tl1at it 

would be a very grave question. But no such question is raised. 

He has made up the roll according to law, upon official documents 

furnished to him and on file in his offic.e. I insist upon the previous 

question. 

1\Ir. FRYE. The Clerk hasSeveral MEMBERS. Regular order! 

Mr. BANK~. I want tho regular order. 

The CLERK. Does the gentleman from India.na [Mr. HOLMAN] 

demann the previous question Y 

Mr. HOLMAN. I have been demanding the previous question with 

great patience. 

Mr. BANKS. I rise to a question oforder. I snbmitthatthisquestion should be submitted to the House. The Clerk cannot decide that a member, with a certificate of his State government that he is a mem- ber, bas not a right to vote on this question of the choice of Speaker. 

Mr. Clerk, you shonld submit the question to the House. 

Mr. HOLMAN. Does not the gentleman from Massachu~tts know 

very well that, since the unhappy contest in theopening of the Thirty-sixth Congress, the present rule, conferring upon the Clerk the 

power to administer the rules of the Honse, has operated with admirable effect in the public interest and in maintaining the peace and or- der of this body f On an occasion like this, the Clerk administers the 

rules as the Speaker would administer them. I therefore can upon 

him to administer that rule which gives effect to the demand for the 

previous question. 

:Mr. FRYE. One moment--

The CLERK. The gentleman from Massachusetts has risen to a. 

question of order. Questions of order must be decided, as the gentle- man from Maine [Mr. FRYE] very well understands, without debate .. ~Ir. FRYE. I wish to say t.hat the question of orderThe CLERK. Questions of order are not debatable. The point of 

orrler raised by the gentleman from Massachusetts is, as the Clerk 

understands, the first thing under consideration. That point was that the Clerk bad nQright to decide this question. For the information of the House, the Clerk begs to call attention to Rule 146, 

which reads as follows: 

All elections of officers of the Honse, including tbe Speaker, shall be condnctecl 

in accordance with these rule8, so far as the same are applicable; nnd, pending tho election of a Speaker, tho Clerk shall presmTe order and decorum, and shall 

decide all queetions of order that may arise, subject to appeal to the ~ouse. 

Mr. BANKS. I am perfectly aware of that rule. I remember very 

well tbe fact that at the opening of a previous Congress the Clerk 

presided for nine weeks. Bllt I understood the position of the gentle- man to be that there was to be no decision upon the question I made, 

and that it was not to be•submitted to the House in such a way that the 

Honse could pass it-s judgment upon it. If the Clerk decides the question, then I am perfectly satisfied; for upon his decision we can ta.ko an appeal and thus hav-e a vote of the House. 

Tho CLERK. If tbe gentleman from Massachusetts will allow, tbe 

Clerk will say that he understands it to be his duty to decide these 

questions of order as they may arise. 

Mr. BANKS. Yes, sir. 

The CLERK. The gentleman from Indiana has submitted a resolution, pending which the gentleman from Massachusetts rose to a question of privilege. The Clerk is of opinion that the resolution submitted by the gentleman from Indiana, looking to the organization of the 

House, is also a question of privilege, and that it takes precedence of 

tho question of privilege submitted by the gentleman from Massachusetts. These are, however, questions which tho House can decide 

for itself. If any member is dissatisfied with the ruling of tbe Clerk 

in this re~ard, he can of conrso appeal to the House. 

Mr. BA.l'iKS. I make that appeal on tlre ground that the right of a member to participate in this election is a question of higher privilege than the election of Speaker. 

Mr. HOLMAN. It is not a question higher than the law or the 

rules of the Honse. 

Mr. COX. I move to lay the appeal ou the table. This motion, I am aware, is not debatable; but I would like to say one word upon it. 

Several members objected. The CLERK. The gentleman from Ma-ssachusetts [Mr. BANKS] appeals from the decision just made, and the gentleman from New York 

[Mr. Cox] moves to lay tha.t appeal on the ta.ble. The qneation will 

be upon laying on tho table the appeal taken by the gentleman from 

Massachusetts. 

Mr. llA...,Ks, and Mr. TOWNSE!\jl> of New York, called for the yea11 

and nays. 

The yeas and nays were ordered. 

..... 
6 CONGRESSIONAL RECORD-HOUSE. DECEJ\fBER 4, 

Mr. BLACKBURN. · I ask that the Clerk will again state the question. 

The CLERK. Before the roll-call begins the Clerk begs to state 

again the qnestion under considern.tion. It bas been ruled by the 

Clerk that the motion submitted hy the gentleman from Indiana re- lating to the organization of the House is a question of privilege, and 

that it takes precedence of the questions of privilege rai eel by the ~entlemn.n from Massachusetts [Mr. BANKS] and the gentleman from 

Maine [Mr. FRYE] respectively. From that decision the gentleman 

from Massachusetts appeals; and the gentleman from New Yol'k [Mr. 

Cox] moves to lay the appeal upon tho table. The yeas and nays 

l1ave been ordered. 

Mr. LUTTRELL. Before the vote is taken I ask for the enforce- ment of the rule in regard. to admission to the floor, so that all persons 

who are not entit.led to the privilege of the floor shall be excluded. 

Several MEMB!l:RS. That is right. 

The CLERK. For the information of persons who ma.y be upon the 

floor without authority, the rule in reference to admission to the floor 

will be read. 

1\!r. STONE. And let the rule be enforced. 

The CLERK. The Clerk will now read the one hundred and thirtyfourth rule. 

The Clerk read as follows: 

No person except members of the Senate. their secret1ry, ht>acls of Departnwnt.s, 

the Pre itlent's Private Secretar.v, foreign ministers, the gon·rnor for the time 

heiug of any State, Senators and Representatives elect, judges of the Supreme 

Court of tho United States ancl of the Court of Claim~. an'cl such persons as have 

by namo received the thanks of Congress-March 15, 1867 -.'!hall be admitted within 

the Hall of the Honse of llepresentatives-March 19, JSGO-Qr any of the rooms upon ti.Je same floor or leading into the same-Jlarch 2, 1 G5; provitled that the ex-members of Congress who are not intereste<l in any claim ))ent1iug befm-e Congress, aucl shall so re;;ister ti.Jemsel \'es, may also be admittetl Within the Hall of the 

House; and no persons excl'pt those herein specified shall at any time be admitted to the floor of ti.Je House.-.Jfarch 15, lt:i67. 

Mr. STONE. I demand the enforcement of that rule before the rollcall proceeus. 

The CLERK. Persons not entitled to the privilege of the floor are requested to retire. The Doorkeeper has been requested to remove all such. persons, but the Clerk himself sees a number of persons 

present who are not entitled to the pr1 vilego of the floor, and the 

roll-call will not be proceeded with until they retire. .Mr. CONGER. I wi h to inquire of the Clerk whether his ruling 

includes the motion of the gentleman from MRiue [Mr. FHYE] as wella..<ithemotionof the ~entlem:mfrom Massachu ·etts, [Mr. lla..."'J{S i] 

The CLERK. Th3 pending question is ou the motion to lay on the 

t:tble the appeal from the deeision of the Clerk, on which the yeas anu nays have been ordered. 

The question was then taken; and it was decided in the affirmati>eyeas 165, nays 84, not voting 37; as follows: 

YEAS-Messrs. Abbott, Ainsworth, Anderson, .Ashe, Atkins, Bagby, John U. Bag· 

ley, jr., Banning, Beebe, llell, Bl:wkburn. Bland, Bliss, Blount., Boone, llra.c.lford. 

John Youn~ Brown, Buckner, S<lmuel D. Bn.rcharcl, Cauell, John H. CaJdwrll, \Viii· 

iam P. Cahlwell, Candler, Gate, Caulfield, Chapin, John B. Clark, jr., of Missouri, Cl~lDer, Cochrane, Collins, Cook, Cowan, Uox, Uuluerson, Cutler, Davis, De Bolt, 

Diurell, DouJ!las, Durand, Durham, Ellen, Egbert, Ellis, Ely, Faulkner, Friton, 

Fiuley, Forney, Franklin, Fuller, Gause, Gibson, GlO\'er, Goode, Goodin, Guntrr, 

Andrew ll. Hamilton, Robert Hamilton, Hancock, llarclenbergh. Henry R Harris, 

John T. Harris, Ilarrison, llartridgo, llartzell, Hatcher, Haymond, Henkle, Herc- forcl,Abram S.Hewitt, lliU, Holman, Hooker, Hopkins, Hon e, Hunton, HuJ·!l, .Tonks, 

Frank Jones, Thomas L. Jones, Kehr, Knott, Lamar, Fmnkliu Lanclern, or~e 

M. Landers, Lane, LeMoyne, Lorcl, Luttrell, Lynde, Mackey, Maish, McMahon, 

Mea.tle, Metcalfe. Milliken, Mill t,.. Money, MorJ!an, Mo· rison, Mutchler. Neal, New, 

O'Brien, Otlell, Payne, Phelps, tJohu I<'. Philip~, Piper, Poppleton. PowtJll, Rea, 

Reagan, John Rtlilly, James B. Rei.ly, Rice, Ridtlle,John Roubin , William M. Robbins. Roberts, Miles Ross, 8avage, Sayler, Scales, Sheakhw, Singl~ton, Slemons, 

Southard, Spm·ks, Spencer, Sprin~er, 8teuger, Steven on, Stone, :::iwann, Tarbox, 

Teese, Tt:rry, Thompson. 'l'Iwmas, Throckmortou, Tucker, TurntJy, John L. Vance, 

Robert B. Vp.nce. Waddell, Charles C. B. Walker. Gilbert C. Walker, Walling, 

Wabh, Warren. Wat.ter on, Era tns Wells, Whit.thome \Vike, .Alpheus S. Williams, James Williams, Jeremiah N. Williams, Willis, Wilshire, Benjamin Wilson, 

Fernanuo Wood, Yeates. :mel Young-1G5. 

NAYS-Messrs . .Adams, Geor~e A. Da~ley, John II. Baker, Ballou, Banks, Blair, 

Br:ulley, William R. Brown, Horatio U. Burchard, Burlci;!h, Cannon, Ca on, Caswell, Chittenden, Con$er. Crapo, Crounse, Da!.lford, DanalJ, Davy, Denison, Du.nnell, Ea Je~, Evans, .l'·ort, Foster. Frooman, Frye, llaral80u, Benjamin W. Hanis, 

Ha.tborn, Heutlerson, lloar, skin~. Hunter, Hurlbut, Hvman, Jovce, Kasson, 

Kimball, Kin_g, Lapham, Lawrence. Ltaveuwort.h, Lynch, 'Magoon. 'MacDon!,!all, 

McCrary, Miller, Monroo, Norton, Oliver. O'Neill, Packer, Page, William A.. Phillips, Pierce, Plaisted, Potter, Pratt, Robinson, Souieski nos , Rusk, Sampson, 

Seelye, A. Hen· Smith, Strait, Ma1·lin I. Townsend, W'a.~bington Townsend. Tnfts, 

Van VorheSJ, Waldron, .Al~xamler S. Wallacr, John W. WalJace, G. \Viley Wells, 

White, Whitinfi . .Andrew Williams, Charles G. Williams, William B. Williams, 

Jamt·s Wilson. Alan Wood, jr. Woodburn, aml Woodw,orth-84. 

NOT VOTING-MesSI'8. William H. Baker, Ba ·s, Bright, Campbell, John B. 

Clarke of Kentucky, Dobbins, Garfiehl, Hale. Hays, Hendee, Goldsmith W. Hewitt, 

Ho:!e, Hubbell, Kelle.\', Lo\"y, Lewis, McDill, McFarland, t\ash, Platt, Parman, 

Rainev, Rant.lall, Schlebher, Schumaker, Sinnick. on. Smalls, William E. Smith, 

Stowell, Thornburgh, Wait, ·warll, Wheeler, Whitehouse, Wiggington, aml Will:ml-37. 

So the appeal wa~ laid on the table. 

During the vote, 

Mr. LUTTRELL stated that his colleague [Mr .. WIGGINTOX] was detained at home by sickness in his family. 

Mr. COX. I move to dispense with the reading of the names. Mr. TOWNSEND, of New York. I object. 

The reading of the roll was concluded. 

The vote was then announced as above recorded. 

The Jlrevious question was secondell and the· main question ordered; 

and und~r the ope~ation thereof Mr. HOLMAN's resolution was adopted. 

ELECTION OF SPEAKER. 

Mr. COX. I propose the name of Hon. SAMUEL J. RANDALL, of the 

third district of Pennsylvania, as Speaker of this House. 

Mr. McCRARY. I place in nomination Hon. JAMES A. GARFIELD, 

of the nineteenth district of Ohio. 

The CLERK. There being no further nominations, tbe Clerk re- quests that 1\!r. CLYMER of Pennsylvania, Mr. BANNING of Ohio, Mr. Ba...~xs of Mas aohusetts, a.nd Mr. 'VILSON of Iowa, act as tellers, aud 

the tellers wiil ple-ase take their places. 

The Honse then proceeded to vote viva t:oce for Spea.ker, with the following result; which wa-s announced by .Mr. CL TIIER on behalf of the 

tellers: 

Whole number of votes cast, 246; necessary to a. choice, 114; of 

whichSAMUEL J. RANDALL received - --·· ·-···· ••.• ---·-· -----· --·---162 

JAMES A. GARFIELD received ... ·-·--··-·----··-··----·-·--· ..•. 82 

CHARLES G. WILLIAMS received ____ --·- .... ···--··---···-·--·.. 1 

,V, R. MoRRISOX received .... ·- .• -· .. ___ • ·--... _ -· ..• _ --- .. _. _. 1 

GEORGE F. HOAR received .....•••..•. ----·· __ .·--·-· ..•.. ·- __ •• 1 

The following is the vote in detail: 

For 1lfr. Ra.ndnll-Messr.:~ . .Abbott, 4insworth. Ashe. Atkins, Ba~by, Johu H. Baglr.y, jr., Hanning. Beebe, Bdl., Blackburn. Bland, Bliss, Bl01mt, Boooe. Brarlford, John Youu~ llrown, Buckner, Calll:lll, John H. Caldwell, William P. Caldwell, Cantller, 

Cate, Caulfield. Chapin, Johu B. Clark, jr., of Missou.ri, Clymer, Cochrane. Collins, 

Cook, Cowan, Cox, Culbr.r~on, Cutler, Davis, De Bolt, Dibrell, Douglas, Durand, 

Durham. Erlen, E~bert, Ellis, Ely, Faulkner, Felton, Fmley, Forney, Franklin, 

Fuller, Gause, Gillson, Glover, Goode. Gootlin. Gunter, Andrew H . Hamilton, Rob- ert Hamilton, Ha.ncoc!\ llaruenbe1·gh. Henry R. Harris, John T. Ranis, Harrison, 

Ilartridgo, Hartzell. Hatcher, llaymoud, Henkle, Hereford. AbramS. Hewitt, Hill, 

llolma.n. Hooker, Ilopkins, HousH. Hunt.o~ Hurd, Jenks, Frank Jones, Thomas L. 

Jones. Kl'hr. Knott, Lamar, Franklin Landers. George.M. Landern, Lane, LeMoyne, 

Lord, Luttrell. Lynde, Mackey. Maish. Mc.M..'lbon, Meade. Metcalfe. Milliken, Mi!IR, 

Money, Monh1nn, Mutchler, Neal, New, O'Brien, Odell, Payne, Phelps, John l!'. 

Philips, Piper, Poppleton, Powell. Rea, Rea!!':l.n,John Reilly, James B. Reilly, Rice, 

Hitl!lle. John Robbin. , William .M. Robbins, Roberts, Miles Ross, Savage. Sayler, 

Sc:lleR, Sheaklo.r. Sin;::loton. Siemon~. Southard, Sparks, Spencer, Splinger, Sten_ger, 

Stevenson, Stnne, Swann. Tarbox, Teese, Terry. Thompson, Thomas, Throckmorton, Tucker, Tnrne.v. John L. Vnnce, Robert B. Vance. Wadtlell, Charles C. B. 

Walker, Gilbert C. Walker, \Vallmg, Walsh, Wancn, Watter on, Erastus Wells, 

Whitthorno, Wike, .Alpheus S. Williams, James Williams, Jeremiah N. Williams, 

Willis, Wilsl1irc. Benjamin Wilson, Fernando Wood, Yeatea, and Yonng-162. 

l!'or Mr. Garfield-Messrs . .Adams. Goorge A. Bagley, John H. Baker, Ballou, 

Banks, Blair, BratUoy, William R. Brown, Horatio C. Burchard, Burlei.,.h, Cannon, 

Cason, CaAwell. Chittemlon. Conger Crapo. Crounse, Danford. Darrall, bavy, Deni- son, Dunnell, Eames, Evans, Fort, Foster, Freeman, Frye, Haralson, Benjamin ,V. 

Harl'iR, Hathorn. Henrlerson, Hoar, Hoskins, Hunter, Hurlbut, llyman. Joyce, Kas- son. Kimball, King, Lapham, Lawrence. Lea\"enworth, Lynch. MacDougall, McCrary, Miller, Monroe, Norton, Oliver, O'Neill, Packer, Page, William A. Phillips, 

Piorco, Plai tctl, Pratt., llobinson, Sobieski :Ross, Ru k, Sampson, A. Hen Smilh, 

Strait, MartinL Town end, Washin.lrt,on Towm~end. Tufts, Van Vorhes, Waldron, 

Alexander S. Wallace, John W. WaUace, G. Wiley Wells. White, Whiting, Willard, 

Andrew Williams, Charles G. Williams, William B. Williams, James Wilson, .Alan 

Wood, jr., Woodbnrn. and Woodworth-82. 

For Charles 0. Williams-Mr. Magoon-1. 

For Geome F. Ho"r-Mr. Seelye-I. 

Por Witiiam R. Morrison-Mr. Potter-1. 

The Clerk announced that SAMUEL J. RA.."'DALL, one of the Represcnt:ttives from the State of Pennsylvania, having received a majority of a.ll the votes given, was dnly elected Speaker of the House of 

Representatives for the remainder of the Forty-fourth Congress. 

Mr. Cox, of New York, and .Mr. McCRARY, of Iowa,, having been 

nominated by the Clerk for tha,t purpose, conducted Mr. RANDALL to 

the chair amid applause, wheu he addressed the House as follows: 

Gentlemen of the Hou..se of Rep1·esentatires: 

Called to this position because of the death of the la.te Speaker, Mr. 

Kerr, of Indiana, I only express the universal sent.iment in saying 

that he was a. good and great man, whose pn blic a.ml private life was characterized by purity, patriotism, and unswerving integrity. 

Nobody can more completely appreciate than I do the high honor 

of presiding over the deliberations of the Representatives of the 

American people, and for this mark of your esteem and confidenc{'. I 

ret.urn my profound and ben.rt-felt a.cknowledgments. 

In the di cl..mrge of tho import.ant duties confided to me I shall en- deasor tube absolutely fair and impartial. While enforcing the rules 

and npl10lding the constitutional prerogatives of this body I shall at 

tbe st~me time protect each a.nd every member in the rights anu privileges to wllich be ma,y jm;tly be entitled. 

lu tile exerci e of the parlinmentary powers of the Chair it wi1l be 

my dnty a.n<l my pleasure to give true expre.Qsion in the appointmeut 

of committees to the opinions an<l wishes of the House upon every 

qnestion pre en ted, believing my elf, as I really am, uo more than 

the voice of the Honse itself. 

\Ve stand in the presence of events which strain and test to the last 

degree our form of government. Our liberties, consecrated by so many 

sacrifices in the pa.st and preserved amid the rejoicings of an exultant 

people to our ceutennial anniversary as one among tho nations of tho 

eartll, must be maintained at every hazard. [Lond a.pplanse.] The 

people look eonfidently to your moderation, to your patient, calm, 

and firm judgment, to your wisdom in this time :fi·aught with so much 

peril. Let ns not, I Le eech you, disappoint their jnst expectations 

aud their keen sPnse of right, but by unceasing vigilance let us prevent even tlle slightest departure from the Constitution and the Jaws, 

forgetting in the moment of difficulty that we are the adherent-a of 

party and only rememberiug tha,t we are American citizens with acountry to save which may be lost if unauthoriz(jd and unconst:tu-
1876. CONGR.ESSIONAL RECORD-HOUSE. 7 

tiona1 acts of executive officers be not frowned down a.t once with 

relentless and unsparing condemnation. [Grea.t applaune.] 

I am now readv to take the oath of office, and the gentleman from 

Indiana [Mr. HOL;\1A~] will be kind enough to administer it. 

Mr. HOLMAN then administereu to the Speaker-elect the oath prescribed by law. 

MESSAGE FROM THE SENATE. 

A. · message from the Senate was announced; when Mr. SniPSON, one of its clerks, said: I am directed by the Senate to inform the 

House that a quorum of the Senate has assembled and that t.he Senate js ready to proceed to business; also that a committee hns been 

appointed by the Senate to join such committee as may be appointed 

by the House to wait upon the President of the United States and 

inform him that a quorum of each House has assembled, and that Congrt-ss is ready to receive any communication that he may be ple.a-sed 

to make, and that Mr. ANTHONY and l\lr. McCREERY have been appointed as such committee on behalf of the-Senate. 

SWEARL.~G :rn OF ME~ffiERS. 

Mr. "'\VOOD, of New York. I rise to a question of prhTiJege. I move that tue gentleman from Georgia, Mr. Alexander H. 3tephens, a mem- ber of this House, be now sworn in. 

The motion was agreed to. 

l\lr. WOOD, of New York. I reqnest tha.t, for reasons which will 

be obvious to the House, the gentleman from Georgia. be permitted 

to remain in hi!:! ~eat while th~ oath is administered. 

The SPEAKER. 1f there be no objection, the gentleman will be 

allowed to remain iu his seat. 

.Mr. A.. H. STEPHE.NS was then qualified by taking the modified oa.th 

provided in the act of July 11, 1868. 

.Mr. LANDERS, of Connecticut. I ask leave to present the credentials of Mr. Levi Warner, Representative-elect from the fourth con- gressional district of Connecticut, to fill the vacancy caused by the 

resignation of .Mr. W. H. B~mi. 

.Mr. FRYE. I also rise to a que tion of the same privilege, and preEent the credentials of Mr. Ed.win Flye, Representative-elect from the 

second district of Maine, to fill the vacancy caused by the I'esigna.-

tion of .Mr. JA1\1ES G. BLATh""E. 

11h. BANKS. I pre ent the credentials of James n. Belford, Representative-elect from the State of Uolorado. 

Mr. HOLMAN. I pre entthe credentials of Mr.AndrewHumphreys, 

Representative-elect from the second district of Indiana, and move that he be sworn in a!'! a member of the House. 

The SPEAKER. The Chair suggests that these credentials should 

be all forwarded to the Clerk; that they should be read, that the 

members to whom there is no objection be sworn in, and that those 

to whom there are objections, if any, shall stand a.side until the judgment of the House shall be determined thereon . .Mr. HOLMAN. The more usual practice, I think, has been where 

there has been no objection, and the reading of the certificate is not 

called for, not to require its reading. 

'fhe SPEAKER. The Chair thinks that the certificates should be 

read. 

Mr. CLYMER. I present the credentials of Mr. W. H. Stanton, 

Representative-elect from tho twelfth district of Pennsylvania., to fill 

the vacany created by tbe resignation of Mr. Winthrop W. Ketcham. 

The various credentia-ls presented were then read. 

When the credentials of Mr. J am~s n. Belford, Representative-elect 

from the State of Colorado, were read, 

Mr. SPRINGER said: I object to the swearing in of 'the member 

fro:n Colorado. I al:!k tha.t he stand aside till the other member!:! have 

been sworn. Mr. BANKS. I am entitled to the floor ou tha.t question; and I move that the oath be admiiJistered to Mr. Belford . .Mr. HOL"jfAN. I rise to a. fLuther question of privilege, and present the credentials of Mr. Natilan T. Uarr, Representative-elect from 

the third congressional district of Indiana. 

'Ihe credentials of .Mr. c~u-r were read . .Mr . .McCRARY. I pre out tbe cre<lentialsof Mr. Charles W. Battz, 

Representative-elect from the second district of South Ca.rolina.. 

The creclP.ntials of Mr. Buttz were read. 

Mr. MORRI 'ON. There is a protest on file from sundry citizens of 

this congressional district, and, for tile present, I object to tile swear- ing in of this gentleman. 

The SPEAKER. Tue Clerk will read the protest. 

Mr. HOLMAN. I presnme it is more in accordance with precedent 

that tue gentlemen to whom tllere is no objection shall now come forwarrl and be sworn. The SPEAKER. Tile Chair willsta.te that after all the certificates 

have been read he will tben suggest that tilo e to whom there is no oujcctiou shall qualify. No advantage will be taken in any respect as to those to whom there is objection. 

Mr. McCRARY. I suppose I will ha.ve the floor at the proper time 

to move that the gentleman from South Carolina be sworn in. 

The SPEAKER. The gentleman shall have no advantage wllat- ever taken of him. ~:ir. HOLMAN. It is not necessary, then, to read this prot.cst at 

this time. 

Tho SPEAKER. If there is no call for the reading of the protest, it 

will be posLponed until that case is before tho House. 

Mr. FLYE, Mr. WAR~ER, Mr. STA~TO~, Mr. CARR, and Mr. HmrPHREYS then presented themselves aml wero duly qua.lified by tak· 

ing the oa.th prescribed by the act of July 2, ll:l62. 

COLORADO ELECTIO~ CASE. 

Mr. SPRINGER. In reference to the credentials which ha.ve been 

presented from Colorado, I submit a rt}Solution, which I send to the 

desk. · l\lr. BANKS. I behe>e I have the floor upon tha.t matter. 

The SPEAKER. The Chair will recognize the gentleman from Massachusetts [Mr. BANKS] to make any motion tha.t he sees fit. 

Mr. BANKS. I move that the gentleman presenting credentiala 

from the State of Colorado be sworn in. 

The SPEAKER. The gentlema.n from Ma.ssachusetts [Mr. BANKS] moves that the gentleman preRenti:Jg credentials from Colorado be sworn in, and the gentleman from Illinois [Mr. SPRL~GER] moves a substitute, which the Clerk will read. 

The Clerk read as follows: · 

&solved, That t.be credentials of James B. Belford be referred to the Judiciary Committee, and that said committee be instructed to inquire and report at as early a day M possible whether Colorado is a State in the Union, and that until such 

report is received no person claiming to be a. Representative from Volorado be sworn in as a member of this HollSe. 

Mr. SPRINGE&. I now move the previous question on tha substitute which I have Qft."ered. 

Mr. BANKS. I desire to sa.y that I was entitled to the floor upon 

my motion that the oath be now administered to the gentleman pre· 

senting ~redentia.ls a.s a member from the State of Colorado. 

The S.PEAKER. The gentleman from .Massachusetts. will bea.r with 

the Chair a moment. The gentleman will remember that when the 

credentials were read objection was made to the swea,ring in of the 

person claiming to be the Representative-elect from the State of Colorado: H was theroforo the duty of the Speaker first to recognize 

the gentleman from 1\!a.ssachusetlis [Mr. BANKS] to make his mot.fon, 

and then to recognize the gentleman from Illinois [Mr. SPRI:SGER] to 

submit hi!~ objection in the iorm of a substitute. The Chair wonlu 

suggest to the gentleman from Illinois [Mr. SPRINGER] that he allow a reasonable time to the gentleman from Massachusetts--

Mr. BANKS- I think the Chair misnnderstands the precise state 

of the qnest.ion. I moved that the oa.til be administered, and I have 

the floJr upon that question. Of course there will be time for the 

proposition of the gentleman from Illinois, [Mr. SPRINGER,] but he 

cannot submit it while I have the floor. I am entitled upon this 

question to the floor for one hour if I desire to use that time; of course I do not intend to do so. But I submit to the Cha.ir that that 

is the position of the question, and that is my right. 

The SPEAKER. The Chair wonld l:!nggest to the gentleman from 

Illinoiti to withdraw tempomrily his motion for tbo previous question, so as to allow the geut.le.man from Mas achusetts to be heard. 

Mr. SPRINGER. Iu deference to the wishes of tile Chair, I will 

withdraw for t.ho pre ent my mot.ion for the previons quel:!tion. 

Mr. BANKS. Tho motion for the previous question could not be 

made by the gentlema.u from Illinois, because l am entitled to the 

floor upon this question. 

Tile SPEAKER. The gentleman from Massachusetts [~fr. BA..~KS] 

isrecognizecl by the Chair a{'! now entitled to the floor. 

Mr. BANKS. I have been requested to present these credentials 

for the gentleman claiming to be a Representative-elect from the 

Sta.te of Colorado. I have very littlo acquaintance with the historical part of the question, so far as the election or the circumstances 

connected witil the election are concernec\. I present these credentials as a question of privilege. Congress passed a statute which was approved March 3, 18i5, authorizing the people of the Territory 

of Colorado to form a. State government, with -certain conditions to 

be embodied in ordinances to be passed by the convention, which wns authorized at the same time to frame a constitution for the State. 

Upon that being properly certified to the President of the United 

States by tile executive officer of the Te.rritory, the Presic\ent was authorized and directed to issne a proclamation declaring the State 

of Colorado admitted into the Union "without further action of Congr~~; I have not the slightest objection to any possible inquiry tha.t can be made into the history of this election. I simply state here in 

my place, as a. member of the House, that there is not a precedent for 

the rejection of the credentials of the gentleman claiming .a seat as a. member of this Honse from the State of Colorado. l do not believe 

that there can be found one single precedent where the Honse ha.s ever, 

nuder the same circumstance , refused to recognize such certificate a!'\ 

entitling a person l11·imajacie to his seat. If a question of any kind 

arises inrega.rcl to the legality or propriety of any proceeding connecte(l 

with this election, it can be referred by the House to any committee 

hereafter and full and complete investigation had thereof. 

The reason for taking t.his course is one of great import.ance ancl 

ought to weigh upon the min<.ls of members of t.he Honse. The reason is this: if any member is entitled to object to any person who present,s himself with the certificate of the governor of a State that he has been 

elected, and upon that objection the question is sent to a committee 

for investigation, it may be, a.s very often it has been, a rear or perhaps more before the qu~tion will be decided, and in that event 

there will be no person to represent the State. And such objection and 

action cl1ll be repeated in as many instances as the Hom~e ma.y choose 
[ . 

8 CONGRESSIONAL RECORD- HOUSE. DECEl\fBER 4' 

to enfol"ce so arbitrary a rule, and thus effectually to impair if not 

(lefca.t the right of a State to be represented in this Hou e. It is upon this principle, lairl down by most of the writers npon this 

subject, that, wherever the officers of a State who are authorized to 

Jlerform that dut.y by the constitution or the laws of tlle State certify 

that a member has been elected, that certificate is received as prima 

fa.cie evidence of his right to a seat, and be is admitted without further 

l]Uestion. After that, of course every avenue of inquiry is open. 

'l'hat is all I ask of the Honse in this case, and I believe it is perfectly in accordance with the precedents of the House, with the Constitution of the Uniteu States, and with the laws and constitution of 

the State of Colorado. 

The precerlents of the House with one single exception are uniform 

in favor of the admission of a member to his seat upon the certificate 

of the governor of the St.;l>te. The case of New Jersey is perhaps the 

most remarkable exception to this rule that can be shown. In the 

text of parliamentarv writers, especially in the text of the work by 

the distinguiRhed gentleman from Iowa, [Mr. McCRARY,] which is so often quoted here on both sides of the House, it is laid down as a rule 

of procedure that wherever a certificate is presenteu in proper form it 

is received as prima facie evidence upon the question of the right of 

the member to take the oath of office. 

In the case of New Jersey, which was a remarkable contest growing out of t.he equally balanced condition of parties at tha.t time, 

the certificates were sent to a committee; but there were two sets of 

contestants present in the Hoose claiming seats: one set upon the 

certificates of the governor of the State, while the other set, with one exception, had certificates of the secretary of state of New Jersey. Therefore a question aro e upon tho right of the claiming members to 

the seats which they claimed. But, in adrlition to that, it appear~ to 

have been stated bythegovernorof Ne-.vJersey,inanargumeutupou 

that subject, that he regretted the laws of his State required him to 

give the certificates wllich he did give to one set of persons claiming 

seats, and that he was not able to do justice by giviug certificates to 

the other parties. So that, upon the very evidence pre eo ted from the 

governor himself, the authority of the credentials in those ca es was assailed. It was upon that ground, if upon any ground whatever, that 

the reference of those certiticat.es to a committee was made. 

There have been one or two other cases in which it has appeared 

upon the face of the certificate itself that there was a doubt of tbe 

e1ection-a doubt of the right of the member to the seat. In snch cases the certificate bas been referred to a committee. Bnt with ex- ceptions of this kind, where the evidence impeaching the integrity or the truth of the certificate has been fo'und in tho circumstances 

attending its receipt by the Honse or upon the face of the certificate 

itself-with these exceptions, t.he practice has been nniiorm and 

unvarying; so that there is scarcely a single exception to the nlle even upon the grounds which I have just indicD.ted. 

Now I do not know what may have been the con(lition of affairs in 

the State of Colorado which resulted in tho election upon which 

:Mr. Belford claims a seat. I do not express any opiuion npou that 

point. I see here a certificate of the State of Color:ulo-a. State thn.t was authorized by the Con~ress of the Unitell States to be formed, 

and which has complied witn the conditions imposed by Congress in 

forming its constitution and adopting the proper ordinances; and the 

Congress of the United States, in the statute itself, bas declared that, 

without any further proceedings by Congress- upon the declaration 

of the President of the United States that these conditions have been 

complied" ith-Colorado shall be admitteu as a Stato of the Union 

upon an equal footing with all other States. 

Now, under the Jaws of the United States, the House in view of the 

admission of this State has the right to add another member to its 

roll. This is the privilege which t.he House ha.Q of increasing its mem- berihip upon the admission of this State. All the circumstances being completely verified and every condition being complied with, t.bero can be no objection-no just or proper objection-to the admission of a member claiming the right to a seat as Representative !rom the State 

of Colorado. 

I send to the Clerk's desk n.nd a k to have reau a copy d the proc-. lama.tion of the President of the United States upon this subject. 

The Clerk read a.s follows 

RY THE PRESIDENT OF THE UXITED STATES OF AMERICA. 

.A. Proclamation. 

Whereas the CongreRs of the Unitrd Statrs did, by an act approvrd on the 3d 

day of March, 1875, authorize the inhabitants of the forritory of Colorado to form 

for themselve~ out of said 'ferritory a. State ~ovcrnment w th the name of t1o 

Statu of Colorado, and for the admission of sucn State into the Union on an equal footing with the original States upon certain conditions in said act specified; and 

Wher, as it waq provided by f.aid act of Congress that the convention elected 

by the people of said Territor·yto frame a St.ateconstitrttion should, wbon a. erubled 

for that purpose and a.fter organization dec• are on behalf of tho peoplt~ that thtJ.V 

adopt the Constitution of the UIJited States, antl should also provide by an ordi· nance, irrevocable without the consent of the Unite.d States and the people of said 

State, that perfect toleration of reli ~ioos sentiment shall be secured, and that no inhabitant of said State shall ever be molested in person or property on ::wcount of his or her mode of religious worship, and that. the people inhabiting said Territory do agree and declare that they forever discl:tim all1ight and title to the un- appropriated public lands ying within sahl Territory, and that the same shall be 

and rt>main at the sole and entire disposit.ion ~r th.3 United States, and that the 

lands belonging to citizens of the United States residing without t.he said Sta to ball novor be taxed higher than the lanrls belon~ing to residen s thereof, and that no taxes shall be imposed by the State on lanus or property therein belooging to or which may hereafter be purcbasea by the United Mates~; and 

Wbereas it was further provided by said act that the c.onstitution thus form ell 

by the people of the Territory of Colorado sbould by an ordinance of the conven. tion forming the same be submitted to the peoplo of said Territ.ory for ratification or rejection at an election to be held in the month of Jnly, 1876, at which election 

the lawful voters of said new State should vote directly for or a~ainst the propo,"o'l 

constitu1ion and the returns of said election should be made to the actin,g goveruor of the 'l'erritory, who with the chief ,justice and United States attorn-ey of sai•L 

Territory, or any two of them, should canvass the same, and if a ma:jorit.v of lPgal votes should be cast for said constitutiou in said proposed State, tho said aotjn!! 

govPrnor should certify tho same to th11 Prt'sident of t.hc United States to.~e tb r 

with a copy of sairl constitution and ordinance ; wherenpon it should b tho tlnt.v 

of tho President of tbe United States to issue his proclamation nec arin~ lhe tate atlmittod into the Union on an equal footing with t.ho original Statea without any funher action whatever on the part of Congress; aml 

Whereas it has been certified tn me by tho actin,g governor of sairl Territory of 

Colorado that within the time prescribed by said ad of Con.!!l'e.~s a constitution for 

said proposed State has been arlopted, and the same ratified by a ma:jnrity of tbo 

legal 'I"Oters of said proposed new State in accordance with tho conditions prescribed by !'aid act of Congre s ; and 

Whereas a. duly authenticated copy of said constitution and of tho declaration 

and onlmauce required by said ::wt bas been received by me. Now, therefore, I, Ulys es S. Grant, President of the United States of America, 

do, in accordance with the provisions of the act of Congress aforesaid, declare and 

proclaim the fact that the fundamental conditions imposed by Congress on t.ho 

State of Colorado to entitle that State to admission to the Union have b ·n ratified 

and accepted and that the admission of the said State into the Union i1:1 now com- plete. 

In testimony whereof I have hereunto set my hand and have caused tho seal of 

the United States to be affixed. 

Dono at the r.ity of Washington, this first day of August, in the year of onr Lord. 

[

SEAL l one thousand eight hundred and se\•cnty-six, and of tho Independence of · the United States of America. tho one hundred and first. 

U.S. GRANT. 

By the President: HAillLTON FISH, 

Secretary of State. 

Mr. BANKS. l\Ir. Speaker, this proclamation is in accord with the 

directions given to the President upon this subject in section 5 of tho 

act of March 3, 1875, to enable the people of Colorado to form a con- stitution and State government. That section provides thatIf a majority of legal votes shall be east for said constitution in said proposed 

State, the said acting governor shall certify the same to the Presitlentof the United 

States, together with a copy of Raid constitution and ordinances; whereupon it ~:~hall 

be the duty of f.he President of tho United States to issue his proclamation declar. 

in!! the State a1lmitted into tho 1Jnion on an equal footing with the original States, 

without any fnrther action whatever on tho part of Congress. 

The record is therefore complete. The State of Colorado is admitted by the Congress of the United States. It is a State. A Representa.tive from that State ha been legally elected. He has the cer- tificate of the governor and secretary of the State. Such a certificate 

nnc:ler circumstances similar to these ha never been disrerrarued by 

this House, and it ought not to be in this case. Desiring that tho 

fu1le t possible inquiry may be made hereafter into this subject, I 

trnst that the usual course may be adopted in reference to this mcm- !Jcr claiming a seat under his certificate a.nd that the oath of office 

may 1Jo administereu to him. 

I now yield the floor for ten minutes to my colleague, [Mr. HOAR.] 

Mr. HOAR. My colleague [Mr. BANKS] has very well stated the 

law and usage of the House, if this were a mere question of the sufficiency of credentials of the due election of a member. Bnt no such q nc tion is matle. The gentleman from Illinois [Ur. SPIU~GER] 

bases his objection on the extraordinary suggestion that he de ires a leg:tl inquiry to be made as to what country be belongs to-as to ti..Jo 

question who constitute the States of the American Union. Now, 

Mr. Speaker, he might as well refer to the Judiciary Committee the 

C}Hestion whet.her the Declaration of Independence ever took effect, 

w11ether the Constitution of the United St.ates wa-'3 ever adopted by 

the proper munber of States, what amendments have been ingrafted 

upon it since, or any other question which goes to that simple fnmlawental inquiry what makes up the count.ry called the United Stat<'s 

of America-a IPatter which every Amellican citizen and every Amel'i- ca.u law-giver is conclusively presumed to take notice of as of right, 

without proof from any other quarter. 

The Congress of the United States (the present House of Representatives concurring in the act) directed the President to signif,y to 

the American people at large by executive proclamation, tl.te hi~hest 

evidence known to legislative or judicial processes, the ndtlition of 

this State to the number which make up the American Union-tho s:~me formality which has a.lwa.ys conclusively attested and proved 

tlle cbauges which have taken place in the Constitution of the United Stat-es itself. 

Now it is utt.erly idle and trivial. The territorial government of 

Colorado, as a matter of history, i ended. The State gov rument, 

the State judiciary, the State legislature, the State executive havo 

taken its place. The Senators from Colorado aro already sworn ancl 

in their seats at the otller end of the Capitol. In what a.ttitnde 

would the suggestion of the gentleman from illinois place the House, 

to refer to a committee to take evidence ::t-'3 to the const:tuent 

parts which make up the country of whose Legislature we form a. branch! 

Mr. B~~KS. I now yield for ten minutes to the gentleman from 

Illinois, (Mr. HURLBUT.] 

.Mr. HURLBUT. Mr. Speaker, this question is altogether too important to pass on suddenly, and, in order to be passed upon wit.h cnre and with considerat.ion, there is or ought to be in business of all kinds some final adjudication, ome completo testimony. 

Now, under the law of the 3d of March, 1875, in the fifth section, J 
- -

1876. CONGRESSIONAL RECORD-HOUSE. 9 

find certain thingsreqnired to be done by the territori:llcom·ention and and the laws of the State of Colorado. And where there is no con- the territorial officers as evidences of tbebctthatthe action of the peo- testaut., whe1·e no one else is contending for the seat, there is no prepie of that Territory had converted under this law their territorial con- cedent for the rrjection of the moUou now before the House, which is 

clition into a State condition. The Congress of the Uniteu States made that the member shall be permitted to take his oath upon the presentthe President by that law their organ to put forth the fin al uetermi- ation of these credentials. If afterward the House shall think proper 

nation, not of the law question, but of the fact. The fifth section, to institute an inqniry into tlle history connected with the organizaa.fter prescribing various 1hings 1o be done, concludes, "whereupon tion of the State it has fnll power to do so. This will not interfere 

it shall be the duty of the President of tlle United States to issue llis with it in any (legree whatever. "\Ve recognize the fact that there is 

proclamation declaring the State aclmit.teu into the Union on an eqnal 1n·ima facie evidence of the election of the mem b~r, and for the time 

footing with the original States," without any further action whatever being will give l1im the seat upon the credentials presented. on the part of Congress. That is the la.w; that is the direction given The SPEAKER. Does the gentleman from :Massachusetts yield the 

by the joint action of the two Houses exercising tho legislative sov- floorf 

ereignty of the United States to the President of the United States; .Mr. BANKS. I do. 

and his proclamation which has been read to yon is the assertion by Mr. SPRINGER was recognized, and yielded ten minutes to Mr. 

the a.~eot wllon1 you constituted that all those facts had taken place, WooD, of New York. 

and tnat the great fact of the change of territorial condition in Col- Mr. WOOD, of New York. I do not propose in this preliminary 

orado was accomplished without requiring any fnrther legisla,tion on discussion of this matter to follow the gentleman f1·om 1.\fassn.chu ctts 

the part of Congress. [Mr. BANKS] and the gentleman from Illinois [Mr. HURLBUT] in 

Nor is that assertion capable of being questioned in any court or in discussing the questions they ha.ve referred to. But I submit, sir, 

any body of Congress. It is final and conclusive upon tho people, and that this House is made the judge of the q ua.lifications of its own upon the courts, and upon Congress. members; and that implies that we have the full right to consider 

There is no new State in this Union bnt what stands precisely upon not only whether a man presents ap1'imajacie case, but to go behind 

the same grounds. It is just as competent for any one to challenge that case and institute an inquiry into the election, and into every 

the right of my comrade t.o sit from the State. of lllinois, as it is for thing appertaining to the claim which he sets up to become a mem- bim to make this question in regard to the Delegate from Colorado, ber of t.his body. That in olves in this case not only a consideration uecause both States stand upon the same consummation of author- as to the regularity and form of the credentials he may present, but 

ity-the power given by Congress, completed by the act of the Execu- also the question what constitueney he claims to represent. 

tive. • Now, sir, I agree with these gentlemen that Congress did pass an Now, sir, if Colorado became a Stato, that is a fact, and n. fact we act authorizing t~e Territorv of Colorado to become a State tmder are presumed to know. If Colorado became a State, she is entitled certain conditions. I a.lso admit that the President of the United 

under the Constitution to her Representative, and when that Repre- States has issued his proclamation in which be declares certain facts, 

sentative comes and presents tbe regular form of certificate, such as and upon those alleged facts he proclaims Colorado a State. I go we all hold, it is not competent to refuse him, unless upon attacking further. I admit that this person who is presented by the genthe validity of the election; and that, as a. rule, has always taken tleman from Massachusetts [Mr. BA~'KS] may, in form, present a place as a secondary thin~, in the nature of contest. proper certificate signed by the so-called governor of that so-called 

I can imagine no possible ground npou which the proposition made Stn,te. But are we to be ueprived of the privilege of examining the 

by my colleague can stand. I ~now him to be a man of infinite in- records f Is this Honse in judging of tho qualification of this person, 

genuity, but I think it woulu puzzle a.ll the ingenuity of a.ll the per- who claims the right to sit here as our peer, to be deprived oi the verse men of the world to get clear of that plain statement of fact, right of knowing whether he is entitled to sit here or not f 

and that completes the action of both Houses of Congress. The gentleman from Mas uchusetts [Mr. BA..,KS] tells ns, give him 

I do not know, because he bas not yet stated upon what grounds his seat n.nd inquire afterwarcl. Does the gentleman from Massahe bases it, but believing as I do that the absolutely final action has chusetts not kll'lW that in giving him his seat we give full recognitaken place, that the Congress of the United States authorized the tion to his position that Colorado is a State, and are precluded from 

people of 1hat Territory to do certain things, and upon their doing investigation into that fact afterward f Now, sir, I am quite sure certain things and reporting in the regular way to the President of that there is no disposition on this side of the House to exclude this 

these United States tha.t they had done certain things it authorized gentleman from his seat if he be entitle(l to it. But as Colorado 

the President by proclamation, the highest evidence, as stated by my when we adjourned last August w.1s a Territory represented by a Dolfriend from Massachusetts, to put that fact officially before the conn- egate without tho right to vote, it is our right and dut.y to institute 

try. Now, sir, tho da.y when that proclamation took place the ter- an inquiry as to the facts whether Colorado as a Territory has been 

ritorial government of that State had clisappeared. Hs territorial converted into a State in pursuance of the Constitution and laws of 

Delegate has no right here, and the State can be and must be repre- the United States; whether she ba.s adopted a constitution for the 

sented, and in justice ought to be represented, by the man whom the St.ate which is republican in form. We have no proof of that fact. 

people of that State under the forms of law have selected to perform A few years ago om· republican friends were exceedingly anxious t.hat 

that duty. ' every State should have a government republican in form. And now, 

Mr. BANKS. I have only a few words to say in addition. sir, I bold it is entirely legitimate and appropriate, preliminary to 

This State, as has been stated, has been a1lmitted by the Congress swearing in this gentleman, that we shall institute an inquiry into 

of the United States, anu the people of the State of Colorado, and no- all these questions. And if Colorado be a State, then I am certain 

body else, has anything to do with it. It is in e.xact accordance with we shall not object to this gentleman being sworn in as a member. 

the conditions of the Constitution for the admission of new States. Mr. SPRINGER. I now yield ten minutes to the gentleman from 

The Constitution requires that every State of the Republic shallgive Pennsylvania, [Mr. JE~KS.] 

full faith and credit to every act of this Stuto of Colorado, and we Mr. JENKS. Before deciwng on the regularity of the election of nre bound to do the same thing ourselves. We cannot require of the gentleman who comes from Colorado, it is first necessary that it 

o1.her States that recognition which we refuse ourselves. shall be determined that there is a State in existence in this Union 

It is quite possible, I suppose, to discuss the question of the destruct- known as Colorado. Next, the question a.rises, is Colorado a. State in 

ibility of a State. I do not know whether it can be done or not; this Union. Before speaking further on that question, I would re- whet.her a State that has been created by the act of the Congress of mark that there is sufficient doubt to justify the reference of this 

the United States, and by the people of the State itself, can be de- question to the Judiciary Committee. 

stroycd by Congress or by any other power in the Government. That I do not propose to commit myself upon the CJUcstion whether Colois a question which is involved in the propo ition of the gentleman rado is or is not now a State of this Union. Bnt I propose to show 

from illinois. It has been tried once in another field; but i't is be- that there are questions of doubt surrounding the case sufficient to 

lievcd, and I think justly believed by the people of this country, a.nd justify tho reference of the subJect to a committee for inquiry. Tho 

it is arecoguize<l principle in regard to tho governments in ever.v part act nnder which it is claimed tllat Colorado baa been admitted proof tho world, that a government once established and recogni:r.ed can- ~ vides in the fifth section as follows: 

not be destroyed. It ma.y encounter defeat in war; it may be sn bjectcd 

to miRfortunes of var~ous kinds; but so long as there is anybody to 

represent it the State has an existence. It is inllestructible; anll this 

Stat.e of Colorado is indestructible. Its star is upon t.he flag of our country. That place cannot be made vacant by anything that is within the power of the House of Representatives. 

These questions are involved in the proposition of the gentleman 

from Illinois. I do not propose to enter upon the discussion of them 

now, because the question that is presented to tlle House does not involve considerations of that cha.racter. Here is a State, made so by 

the Congress of the United. States nnd the act of the people o the 

Territory, declared upon the instructions gh·en to the President by 

Congress as a conceded and complete<l fact. The member bas been 

elected by the people of that State an<l claims his seat. He has a cer- tificate from the governor of tlw Sta.te in the form required by t he 

Constitution and laws of tho United States, and by the constitution 

.Ancl if a. majority of legal votes shall be cast for said constitution in said proposeu State, the sai•l acting governor shall certify the same to the President of the 

United StateR, together with a. copy of said con~titntion and ordinances; where- upon it shall be the duty of the President of the United States to issno his proclamation declaring tho Stato admitted into tbo Union on an equal footing with tho ori~al States, without any further action whatever on the part of Congress. 

Now, ·by that provision of the fifth section it is devolved upon the 

President to a.<lmit the State of Colorado when it shall have been 

established that a certain state of facts exists. The President of the 

United States is to be the judge of those facts. Suppose a law should 

be pa-ssed to authorize the Presjdent to admit as a State any portion 

of the territory of the United States when the inhabitants thereof 

shalt petition to be so admitted, provided they have framed and 

adoptc<l a constitution of a given form. That would only be extending this act a little farther tha.n it goes, for the principle woul(l be 

iuenticalJy the same. It would be a delegation to the President of 
10 CONGRESSIONAL RECORD-HOUSE. DECEI\IBER 4, 

legislative powers or judicial powers, or of both. The third section 

of t,hc fourth n.rticle of the Constitution of the United States pro-

-vides thatN ew States may be admitted by the Con~ress into this Union; but no new State 

shall be formeu or erected within the jurisuiction of any other State, &c. 

This act, from which I have read, provides that the President shall 

atlmit Colorado as a State. Now, before a new Stn,te can be admittau the Constitution of the United States proviues that the constitution of said. State shall be republican in form. Juuici::tl action or legit:~lative ac.tion is required to U.etermine whether said constitution 

is republican in form. 

Now, if Congress has power to delegate any portion of its lerrishtive 

functions to the Presiuent it may delegate them all, anu if Con,"ress 

may delegate all it·S legit:;lative fnnctions to the President, we ~nay then dissolve this Congress and allow the President of the United 

States to rule this country by his mere proclamations. 

Taking this view of the question, it seems to me to be sufficiently 

doubtfnl to justify its refercn"e to t.he Comwittee on the Judiciary to 

determine whether the provisions of the act have been complied 

·with, and whether Congre scan U.elegate t.o the President any of its 

legislative or judicial functions, as theca e may be. 

Mr. SPRINGER. I do not know that it is necessary for me to say 

anything iu behalf of the mot.ion I have made, in ad<lit.ion to what 

has been said by the gentleman from New York [.Mr. WOOD] and the 

gentleman from Pennsylvania, [Mr. JE:\"KS.] . 

In reference to the remark of the gentleman from Massachusetts 

[l\lr. Ba.NKS] that this question has been ettled and that Colora<lo is now a.s much a State of the Union as is Illinois, aml that it is now too late to raise that question, I desire to say that it is not too late 

for this House now and at all times to jn<lge of the election returns and 

qualifications of its own members, and one of the chief qualifications 

of a member of this House is that he shall have a. State behind him 

to represent. 

As has been remarked by the gentleman from Pennsylvania, [l\lr. JE~Iffi,] certain formalities have pa sed between the Presi<lent of the 

United States and the Legislature of the late Territory of Colorado. 

The Territory of Colora-do has formed what purports to be a State 

consti'tution. Who ha.s seen that instrumentf Who ha 1·eau it f 

'Vho knows one of the provisions of that instrnmE>nt which is to be 

received as the constitution of one of the States of this Union T Is it. 

republican in form t Have the bonn<laries of that State been fixed 

in conformity with that provision of the Constitution of the Unitecl 

States which re4uires that no new State shall be formE>d or erected 

within the jurisdiction of any other State f And have the other pro-

-visions of the Constitution been complied with T No one knows. I do 

not know; nor do I know what will be the result of the proposed 

investigation by the Judiciary Committee. 

As the gentleman from Pennsylvania [Mr. JEXK ] has well said, 

the !acts will justify an inquiry on the part of the Committee of the 

Judiciary of thls Honse to detarmine whether the law of Conrrress 

has been complieu with, and whether the President of the U~ited States may exercise legislative powers which by the Constitution, in 

the third section of the fourtll article, have been committed to Con- ~ress alone, and whether new States should be allmitted into this 

Union by the Congress and not by a. proclamationof the Presiuentof 

the Uniteu States. 

I think, therefore, that no injustice can be done to the territory of ~olora.d.o, 'Yhich in point of populat~on is smaller than any eongresslOnal dtstnct represented upon this floor. That territory is now claiming the right to have two representatives in the Senate'Chamber 

and one upon thls floor, and to cast three votes in the electoral collecre 

for President and Vice-Pre ident of the United States. I say tllat ~o injustice can be done to that handful of population about to be en- dowed with so important prerogatives by having the question determined by the highe t judicial power of this House, and in the mean time requiring the Representative to wait as Representatives from ot~er Stat~s have long waited. abou.t the lobbies of this House, before 

bemg a-dm1tteu upon an equality w1th other members upon this floor. 

I ask that this re olution be adopted in the form in which I have ~odi.fied it by the additio~ of a provision directing the committee to 

mqmre whether the electwn has been hel<l in pursuance to the acts 

of Congress. I ask that I he resolution, as modified, be read. 

The resolution, as modified, was read, as follows: 

Resolv~d, That the crf'i!entials of James B Belford be referred to the Judiciary 

Committee, a~ul that saJd committe~ be instrn.cterl to iJ?quiro and report at a.s early a day as po Sible whether Colorado 1s a. St.at-e rn the Umon, and whether an election 

bas been. held therein in. pursuance to law for~ ~epresentati'o in Con:rre s; ancl 

that until such report ts made no person claumng to be a Representati>o from 

Colorado be sworn in as a. member of this House. 

Mr. CONGER. I make the point of order that the reference proposed is irregular under the rules; that this matter should go to the 

Committee of Elections. 

Mr. SPRINGER. I move the previous question. 

?-'~e SPE~KER. The gentleman ~om Michigan [Mr. CosGER] is 

ratsmg a pom t of order. · 1\h. SPRINGER. Excuse me; I did not hear it. 

1\lr. CONGER. I make the point of order t.hat under the rules of 

the Honse this question can only be reff'rred, except by a suspension 

of the rnles, to the Commit.tee of Elections. 

The SPEAKER. The Chair overrules the point of order. It is 

competent for the House to make any reference it may choose of a legal question of this sort: either to the Committee of Elections or to 

tbe Committee on the Judiciary or to any other committee . .Mr. CO.NGER. Then I move au amendment so a.s to refer the 

question to the Committee of Elections. 

1\!r. SPRINGER. I have the floor aud U.o not yield it. I call for 

tile previous que.stion. 

Mr. CONGER. I made my motion before the call of the previous 

que tiou. . 

1\Ir. SP~INGER. The gentleman took the floor upon a point of 

order, wh1ch has been overruled by the Chair. The SPEAKER. The gentleman from Illinois mo-ves the previous 

question . 

.Mr. BANKS. I hope the gentleman will not press the demand for 

the previous qnestiou. 

. '!-'h~ SPEAKER. The ~hair would suggest to the gentleman from 

Illmots to allow the motiOn of the gentleman from Michirran to be 

made, so that if tho majority of the Hou e wish toadopt it~heymay have an opportnnity to do so. That conr e may facilitate business. 

Mr. SPRIKGER. 'Vhat is the amendment! I <liu not hear it. . The S~EAKER. The amendment of the gentleman from Michigan IS to. stnk~ from the resolutio.n "tbe Committee on the Judiciary" 

anllmsert mstead "the Committee of Elections." 

1\fr .. SPRINGER. I ~hink t~e J.udiciary Committee is t.he proper 

committee to make tll1s exammn.tion; and I prefer not to yield for 

the amendment. 

The SPEAKER. The gentlem:m from Dlinois declines to yield and 

demands the previous,question upon his resolution. 

.Mr .. DANKS. I hope he will not press the demand for the previous 

questiOn. 

Mr. SPRINGER. I will yield for the amendment and then move the pre-dons gnestion. 

:Mr. CO"NGER. If the gentleman docs not yield to allow me to 

speak upon the proposition, I withdraw the amenument. .Mr. BANKS. Let us ha.ve a little time for uebate. 

The SPEAKER. The gentleman from :Michigan withdraws the 

amentlment and the gentleman fro~ illinois renews the demand for 

f,ho prcviouR question. 

Mr. BANKS. 1 hope that the call for the previous question will 

not be presse<l. 

The question being taken, the previous question was seconded · there being-ayes 1:20, noes 71. ' 

The question then recurring on ordering the main question, there 

were-nyes 116, noes 73. 

1\Ir .. CONGER. I demand the yeas and nays on ordering the main 

qnestwn, because gentlemen wish. to speak further upon this subject 

an<l the opportunit.y is refused. 

The yeas and na.ys were ordered. 

The question was taken; and there were-yeas 147, nays 95, not 

voting 48; as follows: 

YEAS-Ye srs. Abbott, .Ainsworth, .As~e. Atkins, llnp:b.r, John IT. Bagley, jr., 

Banmug. Beebe, Bell, ntackbnrn, Bland. Bhs , Boone Bra.clford. John Younrr Brown 

Uuckner, ~a bell, John IT. Ca.ldwell, ~illiam P. Cald~ell, Candler. Can·, Cato. Caul: 

fiel cl, Cbapm, John ll. C]flrk,.Jr, of Mts~ouri. Cl.vmer, Cochrane Collins, Cook, C:ownn, 

Cnlberson. Cutler, Dans, .De Bolt, Dibrell, Donglas, Durand, Eden, Egbert, Ellis, 

Ely, FaulL.-n«?r, Felton. li'inley, Fo.rne;\', Franklin, Fuller, Gause, Gibson, Glover, 

Goode, Goodm, Androw H. llamilton, Robert IIamilton Uancock Ilardenberrrh 

IIemy R. Uarris, .Tohn T. H. rris, Harrison, HartrH~e.' Hartzell.' Hatcher rr:'O.y'. monrl, IIercford, Abram S. Ilowitt, Hill, llooker, Hopkins, Honse, llnmiJhr(ly, 

llunton, llurd, JeiJks, Frank Jones, Thomas L. Jones, Knott. Lamar, Franklin 

Lan1ler, G~r~e M. L~nders, Luttrell. ~yndo, Macl{ey. Ma.i~h, McMahon. Mratle, 

Metcalfe, ~~hk.en,. Mills, :Uone.v, Mornson, Mutcl!ler, Now, Odell, Paino, Phf'lpR, 

John F. Pbtlip~. P1per, Popr.leton, Powell, Rearran John Reilly James B. Reilly ~ice, IUildl~ William ll. Robbin , Roberts, Miles' Ro s, San'go, ra.les, Secly·o: ~ht>.akley, Smgleton Siemon~. Southard, Sparks, Rpencer, Springer. Stanton, Strn- ~er, Tarbox, Teese, Terr.v. Thompson, Thoma., Throckmorton, Tucker, Turney, 

John.L. Vanco, Rollertn. Vnnce, Warldcll, Chades U. ll. Walker, GilbortU.Walkcr, 

Wallmg, Walsh, Warner, Warren, Era tus Wr.Us, Whitt.horne, Wike. Alpbeus S. 

Williams, James William~. Jeremiah N. Williams, Willis, Benjamin Wilson, Fer· 

nando Woorl, YeateR, and Young-147. 

NAYS-Me ·srs. 4c1am .• Geor~o A. Bagley, Jobn H. Baker.Ballon, Ban lis, Dla.ir, 

Blount, Bratlley, W11Iiam R. Brown, Horatio C. Burchar<l, Samuel D. Durcbartl Bnrlri~h Cannon. Cason,Caswell, Chittenden, Conger. Cox, Crapo, Crounse, Dauforll:· DaiTall. Davy, Denison, Dunnell, Durham, Eamo~. Evans, Fort .. Fo ter, Freeman 

Frye, Haralson. Benjamin W. Barris, Ilathorn, Henuerson, Hoar, llolman, IIos: 

kins Hunter, Hurlbut, Hyman, Joyce, Kehr, Kimllall, Kin~. Lapham. Lawrence, 

Leavenworth, T,o Moym.\ Magoon, MacDou.[!all, McCrary. Miller, Monroo, Morgan 

Nral. Norton, O'Brien Oliver, O'Neill, Packer, Pa.:-re, William A.. Phillips, Piorc<>: 

Plaisted, Potter, Pratt, JohnRohbins, Robinson, Sobieski no.'s, Rusk, Sampson. A.. 

Herr Smith, 'trait. tevem;on, Martin I. Townsend, W3.shiu~on Townsend, Tufts, 

Van Vorhcs, Waldron. Alexander S. Wallace, Jo'-'n 1V. Wallace. Watte.rflon, G. 

Wiley Wells, White, Whitin!!. Willard, Andrew Williams, Cbatl<>s G. Williams, 

William n. Williams, James Wil on, Alan Wood,jr.,Woodlmrn,ancl Woodworth-!15. 

KOT VOTING-Messrs. Ander on, William IL Daker, B:u~s. Dright Campbell, 

John B. Clarke ~f Kentncky .• Dobbins, Flyo, Garfielrl, Gunter, Halo, Uays. Hendee, 

llenkle, Goldsrrut~ W. How1tt, lloge, Hubbell, Kasson, Kelley, Lano. Levy, Lowi., 

Lord, Lynch, McD1ll, McFarland, Na h, Platt, Pnrman, Rainey, Rea., Sayler, Schleicher, Schumaker. Sinnick on, Smalls. William E. Smith, Stephen , Stone, towoll, 

Swann. Thornburgh, Wait, Ward, Wheeler, Whitehouse, Wi~ginton, anu Wilshlre-48. 

So the main question was ordered to be now put. 

Durinrr the vot.e, 

l\1r. JOYCE st::ttetl that his colleague, 1\Ir. HEXDEE, was absent on account of sickness. · The vote was then announeeu as abovo recor<lcd. 

Th'3 question then recurred on the adoption of .Mr. SPRL'XGER s sub· stitnte for the resolution. 
1876. CONGRESSIONAL RECORD-HOUSE. Jl 

Mr. HOLMAN demanded a division. 

The House divided ; and there were-ayes 133, noes 88. 

So the substitute was agreed to. 

Mr. BANKS demanded the yeas n.nd nays on the resolution as amended. 

The yeas and nays were ordered. 

The question was taken; and it was decided in the affirmativeyeas 142, nays 99, not voting 49; as follows: 

YE_AS-Messrs. Abbott, Ainsworth, Ashe, Atkins, Bagby, John H. Bagley, jr., 

Banruno-, Beebe, Bell, Blackburn, Bland, Bliss. Boooo, Bradford, John Young 

Brown. ".Buckner, Samuel D. Burchard, Cabell, John H. Calcl well, William P. Cahl- well, Candler. Carr, Cate, Caulfield, Chapin, John B. Clark,jr., of Missoud, Clvmer, 

Cochrane, Collins, Cook, Cowan, Culber!lon. Cutler. Davi'l, De Bolt, Dibrell, bonglas, Durand, Eden, Egbert, Ellis, Ely, Faulkner, Felton, Finley, Forney, Franklin, 

Gause, Gib!-lon, Goode, Goodin, Gunter, Andrew H. IIamilton. Robert Hamilton, 

Hancock, llardeuber~h, Henry R. Harris. John T. Harris, Harrison. Ha.rtridge, llatcher, Ha.ymond, J!Preforrl, Abram S. Hewitt, Hill, Hooker, Hopkins, llonse, 

Humpbre.'fS, Hunton, Hurd, Jenks, F1 ank Jones. Thomas L. Jones, Knott, Lamar, 

Franklin Landers, George 111. Landers, Lane, Luttrell, Lynde, Mackey, Maish, 

McMahon, Meacle. 1\Iet~lfe, Milliken, Mills, Money, Mntchler, New, Odell, Payne, Phelps. John l!'. Philips, Poppleton, Powell, Reagan, John Reill.v, James B. R~illy, 

Rice, Riddle, John Robbins, William M. Robbins, Roberts, Miles Ross, 'calcs, 

Sheakley, Sin_gleton, Slemons, Soullia.rd, Sparks, Spencer, Springer, Stanton, Steu_!!· er, S\vann, Terry, Thomas, Thompson, Throckmorton, Tucker, Tlll'llf'Y, John L. 

Vance, Robert B. Vance, Waddell, Charles C. B. Walker, Gilbert C. Walker, Walling, Walsh, Warner, Warren, Whitthorne,Wike, Alpbe•ts S.Williams, James Will- iamR, Jet"P.miab N. Williams, Willis, Wilshire, Benjamin Wilson, l!'ernando Wood, 

and Yeates-142. · N A. YS-Mes;;rs. Adams, Anderson, George A. Ba;rley, John H. Baker, Ballou, 

Banks, Blair, Blount, Bradley, William R. Brown, Horatio C. Burchard, Burleigh, 

Cannon, Cason, Caswell, Chittenrlen, Conger, Cox, Crapo, Crotm•e. Danford, Darrail, Davy, Denison, Dunnell, Dnrbam. Eames. Evans, Flye, Fort, Foster, Free- man, Frye, Haralson, Benjamin W. Harris, Hartzell, IIathorn, Hendersnn, Hoar, 

llolrnan, Hoskins, lluntor, H11rlbut, Hsruan, Joyce, Ka;;son, Kehr, Kimball, King, 

Lapham, Lawrence, J,yn~h, Magoon, MacDou_!!all, l!IcCrary, Miller, Monroe, Mor· ~ran, Neal, Norton, O'Brien, Oliver, O'Neill, Packer. Page, William A. Phillips, 

Pierce, Plaisted, Potter, Pratt. Rea, Robinson, iobieski Ro.s, Rusk, Sampson. Sav- a~e, Seelye, A. Herr Smith. Strait, Stevenson, Martin I. Townsellll, Wasbinf{ton ~ownsend, Tufts, Van Vorhes, Waldron, Alexander S. Wallace, John W. WdlLace, 

Watterson, Erastus \V('Jls, G. Wiley W<>lls, White, WhitinJZ. Willard. Andrew 

Williams. Charles G. Williams, William n. Williams, James Wilson, Alan Wood, 

jr., and Woodworth-99. NOT VOTING-Messrs. William H. Baker, Bass. Bright, Campbell, John B. 

Clarke of Kentucky, DobbiT-'1, Fuller, Garfield, Glover, Hale, Hays, llendoo, 

Henkle, Goldsmith W. Hewit~;, Hoge, Hnbbell, Kelley, Leavenworth; Le Moyne, • Levy, Lewis, Lord, McDill, McFai"land, Morrison, Nash, Piper, Platt, Purman, 

Rainey, Sa:vler, Suhleicher, Schrunaker, Sinnickson, Smalls, William E. Smith, 

S.ephens, Stone, Stowell, Tarbox, Teese, Thornburgh, Wait, Ward, Wheeler, 

'Vhitehouse, Wigginton, Woodburn, and Young-49. 

So the resolp.tion, as amended, was adopted. 

Mr. SPRINGER moved to reconsider the vote by which the resolution as amended was adopted; and also ml)ved that the motion toreconsider bo laid on the table. 

The latter motion was agreed to.-

liiEl\IDER-ELECT FROM SOUTH CAROLINA. 

1\Ir. McCRARY. I rise for the purpose of ml'.king a privileged mo- tion, that the member from the second district of South Carolina be sworn in. The moiion will call for some debate, and as it is quite 

late I will yield to a motion to adjourn if gentlemen desire it. . 1\Ir. HOLMAN. I move the House adjourn. 

Mr. HEWITT, of New York. I a.sk the gentleman to yield to me a moment. 

The SPEAKER. The Chair will not allow the gentleman from 

Indiana to yield to any other motion to interrupt the gentleman from 

Iowa.. 

Mr. HAMIL TO~, of Indiana. I ask my colleague to yield to al1ow me to introduce a resolution in reference to the death of Mr. Kerr. 

The SPEAKE H.. The Chair will entertain a motion to adjourn, but 

will not permit the mover of that motion to yield to any other motion 

that will interfere with the motion of the g3ntleman from Iowa. 

Mr. HOLMAN. The gentleman from New York desires to submit a request to the Honse of general importance, and I think there will be no trouble about it. 

The SPEAKER. If the gentleman from Iowa will hear the motion 

of the gentleman from New York, the Chair has no objection. 

Mr. HEWITT, of New York. My motion will require unanimous 

consent. 

The SPEAKER. The Chair will state to the gentleman from Iowa 

that the motion of the gentleman from New York, whatever it may 

be, will require nnanimous consent, so that Ly hearing it read he will 

not lose any of his rights. 

ELECTIO~ l.t~VESTIGATION. 

1\Ir. HEWITT, of New York. I ask unanimous consent to introduce the following rP-solution. 

Mr. CONGER. While there is a member waiting to be sworn in I 

object to anything. 

The SPEAKER. The Clerk will read and then the gentleman can make his objection. 

Mr. CONGER. I object to its being read. 

The SPEAKER. The gentleman from Iowa has yielded to hn.ve it 

l'ead. 

The Clerk read as follows: 

R~s~lved, That th;ee special committees, one of fifteen members to proceed to LoutsJana, one of s1x mf'mbcrs to proceed to Floriua. aml one of nino memiJers to pi'Oce~d to South Car~lina, hall be appointed by the Speaker of the House to mvestigatercceut electu~ns therf'in and tho a.ctiou of the retnrning or canvassing 

boar!ls w the ~>aJd Stat~ lD refcreooo thereto, ami to roport :ill the facts essential 

to an honest return of the votes received by the electors of the said States for 

President and Vice-President of the United States. ami to a fair understand in~ 

thereof by the people, and whether the electoral votes of the said States shonhl be 

countf'd: and tbat for t.he purpose of speedily executing this resolution tlle said 

committee shall have power to send for persons anrl papers, to administer oaths, to take testimony, and, at their discretion, to detail subcommittees, with like 

authority to seml for persons and papers, to administer oaths, aud to take testi· 

mony, and that the said committees and their subcommittees may employ stenog- raphers, clerkR, and messenger!!, and be attended each by a deputy sergeant-at-arms; 

and said committees shall have leave to report at ~ny tune, by bill or otherwi~>e. 

The SPEAKER. Does the gentleman from Iowa [Mr. McCRARY] 

yield that that resolution may be offered. 

Mr. McCRARY. I do not. 

1\Ir. HEWITT, of New York. Is it in order to move a suspension of 

the rules' 

Tho SPEAKER. The Chair understanus the gentleman from Iowa 

[Mr. McCRARY] is on the floor for a question of privilege; and the 

Chair would therefore rule that a motion to suspend the rules is not 

in order. 

Mr. McCRARY. I agreed to yield to the gentleman from Indiana, 

[1\fr. HoLMAN,] if he proposed to move an adjournment. 

THE LATE HO~. M. C. KERR. 

Mr. HAMILTON, of Indiana. I ask the gentleman from Iowa to 

yield to me thl-l>t I may offer a resolution in regard to the death of the 

late Speak6r, Mr. Kerr. 

Mr. McCRARY. I yield for the purpose of hel\ring it read. 

The Clerk read as follows : 

Resolved, That the special order for Saturday, December 16, at two o'clock, Rhall 

be the ptesentation of suitable resolutions on the death of Hon. M. C. Kerr, 

Speaker of this House during its last session, and the expression by the memb~:~rs 

of the esteem in which be was held for his unblemishe(l character. for his eminent 

services as a representative, and for his ability and impartiality as a presiding 

officer. 

1\Ir. McCRARY. I have no objection to that resolution if the gentle- man will add at the end of it," and that, as a mark of respect for the 

memory of the deceased Speaker, the Rouse do now adjourn." 

The 8PEAKER. Does the gentleman from Iowa yield for that resolution f 

Mr. McCRARY. I do not, unless with the amendment [have stated. 

Mr. HAMILTO~, of Indiana. I do not accept the gentleman's 

amendruent.. 

Mr. McCRARY. I wish to understand whether it is proposed to 

adjourn immediately upon the adoption of this resolution t 

Mr. HOLMAN. No, sir. 

Mr. McCRARY. Then we wil1 proceed with the other matter. 

The SPEAKER. The gentleman from Iowa [Mr. McCRARY] is 

entitled to the floor. 

SECO~"D DISTRICT OF SOUTH CAROLINA. 

Mr. McCRARY. The credenti.:11s of the member-elect from the 

second district of Soutb.Carolina, now submitted to the House, are under tho great seal of that State. They are in due form, and while 

it tnay Lea matter of very little consequence to this House, or to the 

country, whether that member shall be sworn in to-day or at some fnture time, the precedent which will be established by refusing to swear him in on these credentials is one that, I trust, the House will 

pause long before it establishes. There is a long bnt unbroken line 

of decisions in this House which hold that it is the absolute and. 

imperative dut.y of the Honse in all cases to respect credentials that come here from the various districts of the conn try bearing the great 

seal of the State and certified in due form of law, so far as to swPar 

in persons holding these credentials, and leaving to the future action 

of the House anything in the natnre of a contest as to the legality, 

the fairness, the regularity of the election. There is scarcely in the 

history of t.he country an exception to this rnle, and I submit to the 

House that it is of the utmost importance that this rule and this 

long-established principle shall be adhered to in this case. A depart- ure from it, Mr. Speaker, may lead to the most serious consequences 

in the future. 

What is it that is proposed here on this occasion f Here is a gen· 

tleman wbo presents the usual certificate under the seal of the State 

of South Carolina.. He asks to be sworn in. He has presented such 

credentials as we have all presented. The proposition is to antagonize this certificate, to go behind it, to consider a protest, signed by some half dozen or more citizens of the State of South Carolina, 

alleging something against the regularity or legality of this- election. 

Now, sir, what are we doing when we establish a precedent like that Y 

We are saying that in all future cases, when we come to organize a ConO"ress, when the credentials of members are presented at the 

Clerk's desk bearing the great seal of a State in due form of law, if 

a gentleman upon the floor may rise in his place and present an un· sworn and unattested petition, or protest, or paper of any kind purporting tp come from some citizen or citizens of a State, that 

thereupon the House may refuse to swear the member in and give 

him a voice in the organization of the House, or, it may be, may 

refuse to swear him in, and thereby deny to the pei'Jple be represents a. voice in the election of a President of the Unite(l States. 

Sir, when a ca:-e shall arise~ a.s a case may arise in any Congress 

when parties are eqnally divicled, when two or three votes on one side or the other will determine the organization and control of the 

House of Representatives, it is proposed here to establish a precedent 
12 CONGRESSIONAL RECORD-HOUSE. D ECE~IBE a 4, 

by which by mere petition, by mere prote t, a. number of members 

mn.y he kept out of their places and denied a voice in the organization 

of the Hou e. There is no case on record that begins toe t.ablish any 

snch precedent as will be established here by refusing to swear in 

this gentleman. The case from New Jersey i not like this; :mel that 

i the ~trongest case that cn.n be found a~ain t tho doctrine that a mnn 

shall always be sworn in when he presents the proper credentials 

under tlle proper seal and executed by proper authority. That certainly was not a case where the gonrnor of n. State certitled to the 

election of Representatives, and where citizensseutin a protest against 

it.. Not at all, sir. It was a case where the governor hacl certified the 

election of one set of members, and the secretary of state had certified the election of another set of members. And even as regards 

that ca e it has been ever since nniversa,lly conceded th'1t the Honse 

made a grave mistake in it in goin~ bebin·u. the certificate given by 

the governor of the State. But now it is proposed, not that we shall 

act upon tlJe certificate of the secretary of state; not that we sha.ll 

decide between two certiticate comin~ from officials of the State, but 

that we shall set aside the regnlar ami. formal certificat'3 of the O'OVernor of Sonth Carolina under the great seal of that State, and shall 

r efuse to swear in a member on this floor, upon the petition or protest 

of !Some citizens of Sonth Carolina. 

Sir, you open the door if yon e tablish tlli precedent, and at th(\ 

organization of tbe very next Congress, if the two parties shall be 

divided almost evenly, witll but a small majority on the ono side or 

the other, you e tablish a. precedent wherel.Jy members may be kept 

out of their pla,ces u pon this floor nntil the House has been organizell 

aud the power of e~i lation placed in the hands of a Speaker and of 

committees of this llou ethat repre ent ouly a minority of the legally 

elected members. This is what is proposed; and, in the presence of n, 

proposition to estahli·h a precedent like tbi~, the claims of inilividua.Js, the claims of parties ought to sink out of sight. There is no 

safety for us but to Rtaud by tlJe precedent so often r epeated, that 

in tlle swearing in of members in tue first in tance we will not go behind the regular credentials from the governor of a State. 

If we ever establish tlle doctrine that the House may do tl1is upon 

any pretense, especially upon tho mere petition or prote t of a citizen, from that day on we are at ea, and it may be tllat in some ca~es 

the Hou e could not be organized a.t all. If you may keep one man 

out. of hi seat by the presentation of a protel:!t from private citizens 

against the regularity or legality of his election, calling upon the 

llon~e to go behind the credentials, issued by tho governor of a State, 

you mny keep all men out of their seati upon this floor in the same 

way, because it is not required by this propo ition that there shonhl 

be proof that the ouj.ection is well founded. There is no eviflence 

filed in this case, nothing but the protest of certain citizens, 11ot even 

under oath, a protest sot.ting fortb fa.lse grounds of conte t. 

Mr. WOOD, of New York. Will the gent.lcman allow me to ask him 

a questionT 

Mr. McCRARY. Certainly. 

Mr. WOOD, of New York. I wotlld ask the gentleman whether Mr. 

Pinch back,. of Loui iana, did not come here with credentials o.f the 

same cbaracter and be was refused admission Y 

Mr. McCRARY. The gentleman from New York [Mr: WOOD] 

knows very well tbat when that claimant came here there were two 

governments in the State of Louisiania., two gentlemen claiming to 

be the governor of that State. One set of claimants came here with 

the certificates of Governor Ke11ol?g and tlle otller set of claimants 

c::~me with the certificates of Mr. l!IcEnery, unu the question was unsettled as to who was the governor of the State. In such a case as t.ba.t 

there may be some reason for pausing and in!Stitnting an investigation. 

Mr. WOOD, of New York. I woul<l ask the gentleman whetherh~ 

himself or his political friends had any doubt as to who was then the 

governor of Louisiana f 

Mr. McCRARY. We are not now, I believe, di!'lcnssing the Loni ·ian a 

question, anu I do not wish to be drawn off into a tliscns ion of it. 

Dut I say that the refusal to swear iu Mr. Piuchback wa put upon 

the ground that there was another gentleman here cl::~iming to have 

the certificate of the governor of Lonisiaua; an<l also upon another 

~round, that Mr. Pinch back also held a certificate for a seat in the 

Mnate of the United States. 

I · challenge the gentleman from New York, [l\Ir. WooD,] or any 

other member npon this floor, tofiud one single case in the whole hi t~ry 

of Congre s where tlle regular certificate was set asid.t>, aucl the Hon e 

went behind it and refused to swear in a member who was certified 

to be elected, merely upon the protest of a ba,]f dozen private citizens 

of any State of this Union. 

I beg the House to pause before it establishes any such precedent. 

It does seem to me that the Honse will not take this step; I cannot 

believe the House will do it. Why, sir, n.t the beginning of this very 

Congress a, similar objection and protest w'ls made against t he swear- ing in of Mr. Morey, of Louisiana. After debate, this House, with 

its large democratic mnjority, ordered tha.the be sworn in, and under 

the lead of the llonoraole gent.Jeman from Indiana [Mr. HOL:UAN] 

confirmed the doctrine for which I contend here to-dn.y, that we cannot, we must not go behind t.he regular cretlentia.ls in determining 

whether a mnil shall be sworn in or not. 

I trust that the usual course will be taken; that this regular credential shall be reS}Jccted ; that the great seal of the State of South 

Carolina sbn.ll be respected, and that this man shall be sworn in. If 

any gentleman bas cause to contest his election, the way is open for 

him to do it. Dnt there is no contestant. here; there is nothing upon 

which the Honse can act a.!'< against this credential except tho protest 

of some pri ,·ate citizen cf Sooth Carolina. 

The fact is that this gentleman ha a m:-~jorit.y, I believe, pf about 

8,000 votes; that be carried every county in his district; thn.t there 

is no que tion made in tho State of South Carolina as to his right to a 

seat in this House; that no objection was made that any votes were 

thrown out, and that tbere is not a particle of ground for claiming 

that he is not entitled to his seat even upon the merits of the case, autl 

that que tion is not now here. 

What I ask is that the Hou 'e will not depart from this simple and 

necessary rnle. It is a rigbt, a.ncl I claim it here as the right of the 

people of that district of South Carolina nuder tlle Constitution to 

be represented upon this floor by the mao who comes here and presents the credentials which the Constitution and laws of the land re- quire. 

Deny that right. in this c:tso, deny it to this claimant, and you 

llave opened a rloor whereby yon may deny it in the future to n.nybotly aud everybody wuo comes here with similar crellentials. I 

tru t, I sa.y, that the House will not take this step, but that the u ual 

conrse will be observed. 

'fhe gentleman from Illinois [Mr. :MORRISO~] desires, I believe, to 

offer a resolution; and I yield to him for that purpose. 

Mr. MORRISON. I desire that the protest in this case be read, 

which is all the speech I have to make on the. subject. When that 

has been read, l desire to offer a resolution. 

The Clerk read as follows: 

To the lvmorable the Hottso of R,(!presentatives of the United States: 

The memorial and proteRt of M. P. O'Conner, Ellwartl McCrany, G. L. l3niRt, 

C. R Miles, F. W. Dawson, T. G. BarkPr, llenry E. Yonn:r, Au~. T. Smvthe, II. A. 

M. Smith, T. R. McGahan, antl C.ll. Simonton,' on behalf of th~m;;elves.and other!'!, 

citizeDs of South Carotin:~. and voters in the 11econd congre sional distr-ict thereof, 

respectfully howeth unto your honorable body that upon the 311 day of -ovembcr, 

1 :(74, there was ball in tho State and district afor·esaid, a general election for tho 

chnice of a membPr o£ Congre~s for the said Reconcl con,grcs~ional district. • That E. W. M. Mackey anrl C. W. nuttz wero canilitlates thereat, the sJill E. W. 

M. Mackey receh'in,rr q. majoritv of the vutea cast. That the said C. W. nnttz protested the election of the Raid Mackey, and, the snid 

protest having been hearcl before the Committee of Elections, tho saiJ committee 

reporte!l to the llouse of Ilopre. entatives the following re. olution, which was adopted by the llouRe of ltepn·. entative npou the 13th day of July, 1 76: Resolved. That neither C. \V. Buttz nor E. W. M. Mackev was Iawfnllv electetl to 

tho Forty-fourth Congress from the econd con~res11ional district of South Carolina, nor is either of them entitlerl to a. seat. in , aid voncrre s. lly the auontion of which re olutwu a vacancy was created in tho representation of said ·econil congrpssional district of South Carolina. 

And yonr petitioners further show that the Rnid C. \V. nuttz now olaimR to have 

been elected to fill Ruch '' acanc'l", ancl to take l1is seat under a certificate from the 

SP.CTetary of state of tb~ State o·f South Cal'Olina., forwanled to your honorable l>od.v, 

and purportin.~r to boa legal certifie<lte of, ai•l election, whereas no suciJiegal dco· 

tion has ever lmen ll.ad, and tile aaill. certificate is null and void £or the following rea. onR: 

1. The ConRtitution of the United States, section 2, article 1, provitles, " Whfln >acam:ie. l.mpp,·n in the repr£', entation from any State, the xecutin~ authority thereof shall is:me writ.<~ of election to fill aucb >acanc.v." nut in this case ot Tacancy the-executive authority of 1 be State of South Carolina failed andnogleutcll to i:sne any writ of election to fill uch ncancy. 2. That the vac'\uc.v created null declared by the rPsolufion of the House or Jl(lp· re E'ntatiYe was a-vacauc.v in the rc]lresentation of tb" second congressional c.Jis· 

trict of South Carolina composed b.v law of tho countie!'l of Cha1·leston, Omnl!e· 

bur;rh. Clarendon and Lexin~oou, while the said pret~nded cl ction was heltl only in the counties of Charleston, 01-angeburgh, and Claroudon, alto;;ether omittin~ th'} c01mty of Lexingt{)n. 3. liy 1be election law of the Hate of South Carolina it is pro>ilh>£1 (chapter viii, 

section 24. Reviserl tatuteA) that tho boanl of State canva.-Jsers "shall npon certitied 

copies of the statements made l>y the hoard of county call\'a<~ erR procceu tomako a t.tatementof tho whole nnml>er of -vote given at Huch election for tho va- ious 

officers, and for each of them voted for, distingui•hiug the RM~eral counties in 

which they were ~riven. The\ sh~ll certify such statements to be correct, and sui>· 

scribe the , amo with their proprr name11 " 

"SEc. 2.'>. They Kba.ll make and subscr-ibe on the proper Rtatement a certificate 

of theil· determination. and shall dolivcr the same to th~ sccrcta.ry of state." 

13.\ sec1ion :l2 it ia provided that the secretm·y of state '' sl.mll prepare a. general 

certificate, under the ><eal of the Stato, and atte~<tccl by him a secretary thereof, au 

ol'essed to tbe Hou ·e of TI.rpres; ntatives of tho Unhed tates in that Congres. for 

which auy ptrsou shall. ha'l"e bmm chosen, of tho duo Pleotion of the person so c1o en at sncb election as RepresPntative of this State in Collgre s, and shall trans- mit the Fame to the said Honse of Representative:~ at their firRt mooting." nut the certificate issued in this case by tho sairl hoard of State canvas Prs in pretended obedience to this la1v was issued iu detianco and contempt of a Jll'Ohil>-

itor. order of th snprrme court of the State of South Carolina pr >hibitio~ tlwm to take any action thereumler until the decision of said court of certain questions then properly p nding before it, and t.bat fo.r such coutem)lt of the order of sa ill court the saitll>oard of Stat(\ cam·asRers was duly and lawfully committed to cus· tocl.v by the said supremo court and haYO not hy pur;tin" t-:aid contempt be.,n 

discharged therefrom. Wherefore the said cel'tilicate and tile certificate of the 

said sem-etar.v of Rtate ba. ed thereon are null and void. 

And your petitioners pray that your honorable body will therdore refuse tore- ceiYe said credentials, and declare saitl preteudod elec:tion null aud void. 

t. P. O'CO~NER, 

ED. McCRADY, 

U. L. llUIST, 

C. R. MILES, 

F.W.DAW 0~ 

T. G. BARKER, 

ll. E YOUNG, 

A. T. SMYTHE, 

II. A. M. 8MIT1I, 

T. R.JUcGA.IlAN. 

C. H. IMONTO.N, 

ny WM. HENRY THE COT, .Atton~J for l!ctiiioneTB. 
' 

1876. CONGRESSIONAL RECORD-HOUSE. 13 

Mr. MORRlSvN. As a substitute for the proposition of the gentle- man from Iowa, [.Mr. McCRARY,] I offer the following resolution: 

Resolved, That the creden tiaJs of C. W. Bu ttz, claiming to be a mem her-elect to fill 

the vacancy which under a resolution of this House bas occurred in the second con· gressional district of South Carolina, together with the protest on behali of certain 

citizens of said congre:~siona.l di trict. which bas been filed with tbe Clerk of tho 

Tiouse, alleging that the ~;aid credentials are null and void, and all the papers relating to said matter in the pos:~ession of tho Clerk, be referred to the Committee of 

Elections, with instruL\·ions as early as pos.·ible to report upon the prima facie right 

of the said C. W. Buttz to a seat on the floor of this House M the reprt~Sentative of 

said secoml. congres ional district of South Carolina.. 

On this resolution I move the pre·lious qnestion, if I have the floor. · Mr. McCRARY. I will yield to the gentleman in a moment fur that 

purpose; but before doing so I wish to make one suggestion. I desire simply to call the attention of tile House to the fact which is 

very apparent, even if tile statements in this protest be true from IJeginning to end, that everything in it is a mattt:Jr for snb.·equent inquiry 

and investigu.tion, and forms nothing more than the basis for an or- dinary contest of a seat on this fluor. It does not relate to the prima 

facie case at all, but goes ~ltogether to tile question of the merits. The 

p1ima facie case stands upon tbe face of the certificate; anu the gentleman makes no objeciion to the printa facie case. I say furtilermore, however, that it is a matter of public history that 

the mandamns auout which that protest speaks hau nothing to do with 

the election of member::~ of Congress. That mandamus comm:tnded the 

issuing of certificates in accordance with tile votes as actu:tlly ca-st; 

and if it applied at all to tilis ca8e it would support this very cer- tificate, because there was a ,majority of 8,000 votes in favor of Mr. 

lluttz. 

I yield to the gentleman from Imnois to demand the previous question. 

Mr. MORRISON. I dee:ire to call the attention of the gentleman 

to the fact that the election claimed by this man is by only a portion of the district in which the vacancy existed. 

Mr. McCRARY. My frieud from Illinois is mi taken. At the last srssion of tile Legh;lature of South Carolina, that defect was reme- died; and the district is now entirely contiguous. The question 

which arose in the other case does not arise here at· all. 

Mr. MORRISO~. The district is the same in number. 

Mr. McCRARY. It is the same in numuer, but not in territory. 

Mr. MORRISON. When the original election was held before the 

contest, four counties voted; now only three vote; so that the admission of this man is the disfranchisement of one county. 

l\lr. McCRARY. Does the ~entleman from Illinois claim that the 

Legislature could not make a district containing only three counties 1 

If so, I think he is mi taken. · Mr. MORRISON. I do not claim that; but the vacancy existed in 

tho second congres ional district a-s it wus then formed, and not in 

the district as newly made. 

Mr. HOAR. Will the gentleman from IlJinois be kind enough to 

inform the Honse whether that change Wll.S not made by tile Legislature to remedy the defect in the original dietricting of the StMe, 

upon t.Ile recommendation of the Committee of Elections of this 

House! In the original arrangement of the districts, the Legislature being required to form each district of contiguous territory, 

failed in this oue instance, so thn.t a portion of tbe district was sopn.ratecl from the remainder of it by another district. 

That case went before the Committee of Elections of this House, 

and wns fully argueu, and there).lpon they beld that the original 

district wn.s a void district, ~o that H could not be represented in 

this llouse, not being composed of contiguous territory, anti the Legi lature, in punma.nce ortheir opinion, accepted by this House, reme- died the defect in tllia way. Mr . .MORRISON. I do not know what the exact facts arc, but I 

know that tP.e counties composing tile di')trict from which these gentlemen were contesting are not the same as those composing the 

present district. Mr. HOAR Any democmtic member of the Committee of Elections of this House will inform the gentleman from Illinois, unless I am miostaken--

Mr. HARRIS, of Virginia. I "ill inform the gentleman from 

Massachusetts that he is wrong. 

M1-. HOAR. Perhaps the gentleman will be good enough to state 

the facts. 

Mr. l\IORRISON. I demand tile previous question. 

The previous question was seconded anti the main question ordered. 

Mr. McCRARY. I demand the yeas anu nays. 

Tlle yeas and nays were ordered. 

Mr. HOAR. I should like to have the gentleman from Virginia answer my question. 

l\Ir. HARRIS, of Virginia. I desired to answer the question of the 

gentleman from Mas a.chusetts. The SPE KER. Tlle main question having been ordered, it can only be do11o by unanimous consent. 

Mr. HARRIS, of Virginia. I expected to b:tve bud time to do so before the previous question. 

Mr. CO"NGER. I object. 

The question was taken; and it was decided in the affirmative-yellS 

141, nays 89, not voting 60; as follows: 

YE_AS-:Messrs. Abbott, Ainsworth, Ashe, Atkins, Bagby, .Tobn II. Ra leyjr., 

B:ummg, Blackburn, Bland, Bliss, Blount, Boone, Bradforu, .Tohn Young BruWil, 

Cabell, John H. Caldwell, William P. Caldwell, Candler, Carr, Cate, Caulfield, Chapio,.Tobn B. Clark, jr., of Missouri, Clymer, Cochrane, Collins, Cook, Cowan, Cox, 

Cutler, DaYi -1, Dibrell, Douglas, Durham, Eden, Egbert, Ellis, Ely, Faulkner, Felton, 

Finley, .Five. Franldin, Fuller. Gaose, Gibson, Glover, Goode, Gunter, Andrew lf. U~mi"lton."Robert Hamilton, Hancock, Haruenhrrgh, Henry R. IIariis, John T. Harris, IIarri on. Hartriuge, Hartzell, Hatcher, Haymond, Hereford, Hill, Holman, 

Hooker, House, llumphrey, Hunton. Hurd, J enks, Frank Jones, Thomas L . .Tones, 

Knott, Lamar, Franklin Landers, George M. Landers, Laue, Luttrell, Mackey, 

Maish, Mci\Iahon, Meade, Metcalfe, Millil•en, Mills, Moue~·. Morgan, Morrison, 

Mutchler, Keal, New, O'Brien, Payne, Phelps, .Tohn .F. Philips, Poppleton. Powell, 

Rea., Rea_g:m, John Reilly, llicA, Riddle, .Tohn Robbins, William M. Robbins, 

Roberts, .Miles Ross, Scales, Singleton, Slemons, Southard, Sparks, Spencer, 

Springer, Stant.on, Stenger, SteV'enson. Thr·box, Teese, 'l'erry, Thomas. Throckmorton, Tucker, Turney, .Tohn L. Vance. Robert B. Vance, Waddell, Charles C. K. 

Walker, Gilbert C. Walker, Walling, \Varner, Warren, Watterson, Erastus Wells, 

\Vhitthmoo. Wike, A.lpheus S. Williams .. James Williams . .Teremiah N. Williams, 

Willis, Bentamin Wilson, Ferll3.lldo Wood, auu Yeatt~S-Hl. 

NAYS-Messrs. Adams, Arxlerson. George A. Bagley, John H. Baker, Ballou, 

Banks, BeebE'. Bell. Blair, Bradley, William R. Brown, Buckner, Horatio C. llm- · cba.l"d, Samuel D. Burchard, Burleigh, Cauuou. Ca ·on, Call well, ChittQnden, Con;rer, 

Crapo, Cronnse, Da.rrall, Davy, Denison, Dnnuell, E-tmes, Evans, Forney, Foster, 

Freeman, ]<'rye, Haralson, Benjamin W. Harris, Hat,hom. Henderson, Hoar, Hop- kins, Ho. kins, Hunter, HnrTbut, Hyman, .royce, Ka ,on. Kimball. King, Lapbam, 

Lawrence, Lea.venwor:h, Lord, Lynch, Magoon, Ma Doa~a.U , UcCrury. Miller, Monroe, Norton, Oliver, O'Keill, Packer, Page William A. Phillips, Pierce, Plaisted, 

Potter, Pratt., .James B. Reilly, Robim;on, Rn~k. Sampson. Seelye, A. IIon Smith, 

Strait. Thompson, Martin I. Townsend. Washington Townsend, Tnft.s, Van Vor- bes, Waldron, Alexander S. Wanace, .Tohn W. Wallace, G. Wile.v Wells, White. 

Whiting, A.nd.l-ew Williams, Charles G. Williams, William B. Williams, Jarues 

Wilson. an41. A.lan Wood,jr.- 9. 

NOT VOT~G-Me srti. William H. Baker, Bass Bright, Campbell, John B. 

Clarke of Kentucky, Culberson, Danford, De Bolt, Dobbins, Dorancl, Fort, Gar- field, Goodin, HaJe, Hars. Hendee, Henkle. Alwam S. Hewitt, Goldsmith W. 

Hewitt. lloge, HubbeP. Kehr. Kellr.v, Le Mo_rne, Levy, Lewis. Lynde, McDill, Mc- Ffl.r.':md, Xasb, Odell, Piper, Platt, Purman, l~ain ey, Sobieski Ross, ·avage, aylfw, 

Schlt:Icher, Schumaker, Sbea.kley, Sinnickson, Smalls, William E. Smith. Stepllens, 

Stone, 8towdl. Swann; Thornburgh. Wait. Walsh, Ward, Wheeler, Whitehouse, 

Wigginton, Willard, WiLshire, Woo,lburn, Wootlworth, and Young-GO. 

So Mr. MoRRISO~'s resolution wa-s adopted. Mr. MORRISON moved to reconsiuer the vote by which the reso- lution was adopted; and also moved that the motion to reconsider be 

laid on the table. 

The latter motion Wll.S agreed to. 

ELECTIO~ DITESTIGA TIOXS. 

Mr. HEWITT, of New York. I ask unanimous consent to introduce some re olntions for adoption at this time. Mr. HURLBUT. I demauti the regular order of business. 

Mr. HEWITT, of New York. Then I move to snspencl the rules 

and pru s the resolutions. Mr. HURLBUT. It is not in order to suspend the n1les. 

Mr. HOLl\1A..i.'f. If there has been no morning hour and these reso- lutions cannot be introduccd-- Ml'. BLACKBURN. The motion to suspend is in orcler one hour 

after the reading of the Journal and not after the morning hour. 

The SPEAKER. The Clerk will read the fifty-first and fifty-second 

rules. Mr. KASSON. I ask particularly for the reading of the one hundred and thirtieth rule, to which I call the attention of the Speaker. The Clerk read as follows: 

5'. As soon as the .Journal is reac1, and the unfinished bnsine!ls in which the 

House was engaged at the last preceding atljonrument bas been uisposell of, re- ports from conJmittees shall be called for and disposed of; iu doing which tho 

Speaker shall call upon each standing committee io re)!nlar order. and then upon 

select committees; and if the Speaker sl:jall not get thrm.gh the callupou tho com- mittees before the Bouse pasRes to other business, he shall rf'sume the next ca.ll 

wbm·e he left off-Septnnber 15, 1837-giving preference to the report la. t under 

cons1deration: Prov;·ded, That whenever any committee shall ha•e occupi ll t-ho 

rooming hour on two days, it shall not bo in order fol" E~nch committee to report 

further until the other committees ~;ball have boon called iu their turn.-December 7. 1857. 

· 52. Reports from committees having been present d and disposed of. tho Speaker 

shall call for resolutions from the m mbers of each State all(l Dcle~ate from each 

Tenitor.l, beginnin""with Maine and the Tcrritm·.v la tm·gnnized, alternately; an•l 

the,y shall not be debated on the very day of their being presented, nor ou any da.v 

ass1goed by the House for the receipt of rPsolntions nnles where tho Hon~e shall 

dir.:ct otherwise, but shall lio ou the table, to be taken np in tho orrler in which 

t.he.v were presented; and if on any day the whole of tho States and Territories 

shall not be called, tho Speaker shall begin on the next day where be left off the 

previous day: Pl'ovid.ed, 'l'bat no member shall offer more than one resolution, or one series of resolutions, all relating to the same subject, until' all tlle States and 

Territories shall have been called. 

1\Ir. HOSK l~S. Rule 51 bas no relation to the bnsi nes of Mouoav. 

I call :tttention to B;uchty's Digest, puge 150, in reference to Uulo 130. 

The Clerk read as follows: 

130. All the States and Territories shall be called for bills on le.owe :md rcsoln· 

tiona every Monday during each session of Congre. s; and, if nece sary to !\ecure 

the object on said dayR, all resolutions which ~ball give ris to deba te shall lie Mer 

for discussion. under the rules of the Hou a already established; an41 the whole of 

said clays shall bo appropriated to bills on lea.ve and resolutions, until all. the ~t;J tes 

and Territories are called tbrongh.-February 6, 1833. Aucl the Sptaker shall first 

caJI the States and Territories for bills on leave; aml all bills .·o introduced during 

tho first hour after the Journal is read shall be referred, without debate. to their 

appropri..'tre committees: Provided, however, That a bill so introduced and referred, 

and all biUs at any time introduced by unanimous consent IUld referred, shall not be brou~bt back iuto the IIouse upon a motion to reconsitler.-Jiarch 16, 18CO, ana Jamtary 11 , 18i2. And on said c:tl.l, .ioint resolutions of Stat~ and territoriallllgislaturesfor pr·inting and reference may~ introilucell.-Jamuzry 11, 1807. 

. Mr. HURLBUT. I call the Spea.l~er's attention to Rule 145. 

The SPEAKER. Tho Chair rnlos that as there has been no reading of f.ho Journal t.o-day there is no morning hour and that a mo- tion can be entertained to suspend the rules. 

.Mr. HEWITT, of New York. I renew my motion to suspend the 

rules and adopt the resolution wbic~ I have sent to the desk. 
14 CONGRESSIONAL RECORD-HOUSE. DECEMBER 4, 

M HOAR I riso to a privileged motion. I submit the following I recrret the necessity of taking an appeal from the decision of the resof~tion: · Chair 7 but as it is the first time such a ruling ha.s been rendered in 

Resolved That a committee of three members be appointed on tho p'trt of the the history of the House, I think it should not be allowed to pa s into 

Honse, to Join sue~ committ~e as has .been appointed on the p.ll't of the Senate, to a precedent without, at least, having it also on record that the House 

wait upon the President anrlmform him that a quorum of both Houses has assem- deliberately sustained that r?ling. This is the ~rst day of. t~e s~coml 

blet.l, and that Congress is really to receive any communication he may be pleased SP.Ssion of Congress. Touchmg that day there lS no provtswn m the 

to make. rule whatever that distinguishes it from any other corresponding day The SPEAKER. That resolution is not in order pending a motion during the session. It is 1\Ionclay, and being Monday it c~mes under 

to supsend the rules. The gentleman from New. York [.Mr. HEWITT] the general provision of the rule which says that a certam order of moves to snspen~ the rules and adopt a resolutwn, whHJh the Clerk bnsiness shall be pursued on Monday, binding of course upon the 

will read. Honse n.s well as upon the Speaker. Thn.t order of business is to deMr. HOAR. My proposition is that, under the usag~ which ~as vote one hour to the calling of the States and Territories for bills on prevailed since the foundation of the Government! this resolut10n leave and joint resolutions. 

which I submit takes precedence of ::wy other busmess under the The question, therefore, for the Speaker to decide is, "Whether there 

1·ules. is any authority under the rules that takes t~at Monclay, heint5 the · The SPEAKER. This is a motion to suspend the rules. first instead of the second 1\fonday of the sessiOn, out of the ordrnary 

Mr. BANKS. It i& not in order until we have had the morning rules of the House. I thought if the attention of the Speaker and 

hour. the House was directed to that question they might in the absence 

The SPEAKER. The Chair ha.s ruled upon that point. of all preceuents to the contrary adhere to the usual course o~ proJ!,Ir. KASSON. I appeal from the ruling of the Chair, because it is cedure in the House, and hold thn,t the rules of the Hou e applied to 

in violation of the one hundred and thirtieth rule of the House. this Monday us to other Mondays during this session. At any rate I 

The SPEAKER. Tho gentleman will submit his appeal in writing. have myself found no precedent or authority for distinguishing the 

Mr. HURLBUT. Peuuing that I ask the Clerk to read Rule 145 on first 1\Ionclay of the second session of Congress, after it has had a :first 

page 205 of the Digest. session, and has adopted rules and put them in force; from n.ny other 

Mr. HOSKINS. I submit to the Chair that, without reference to l\Ionuay of the session. 

the reading of the Journal, Rule 130 says that- It is for that reason that I have desirecl to take this appeal, that 

All tbe States and Territories shall be called for bills on leave and resolutions tJ.le House may not inadvertently con ent to a precedent which to 

every Monday during each session of Congress. many of its me.mbers seems to violate the written rules of the House, 

The SPEAKER. That relates to the morning hour on Monday. which I know' the Speaker is as anxious to respect as nny members 

M.r. HOSKINS. That rule is imperative; and in Barclay's Digest, of the Honse. I will :uld to my exception Rnle 145, the latter rule on page 150, in the pa.ragraph relating to Rule 130, it is al:~o there made simply prohibiting the entertainment of n. motion to suspend the rules 

imperative. The morning hour shall be held on every Mond.ay, 1.mtil the expiration of the morning hour. 

whether there be any journal to read or not, for the reference of bills 1\Ir. CONGER. I ask that Rule 145 be ren.d. on a call of the States and Territories. Barclay's Digest says: The SPEAKER. The Clerk will read Rule 145. 

On eve~ Monday it is ma.de the duty of the Speaker to call the State::~ and Ter- The Clerk read as follows : ritories · r. t for bills on leave for reference only, and without uebate, and not to N 0 stan din.,. ru1e or order of the Honse shnll be rescinded or changed withou~ be broug t back by motions tQ recon!:!ider, a.t which time joint resoluti~n~ of Stat.e one day's notice being ¢ven of the motion therefor; nor shall any rnle be sns- and territorial Legislatures may be introduced fo~ refE>rence and pnntine:; ~hm pE>ndetl, except by a vote of at least two-thirds of the members present; nor for resolu!.ions at which time bills on leave may be mtroduced; and all resolutions ball the orde.t of busine s, as established by the rnles, be postponed or changed, which shall gi~e rise to debate shall lie over for discussion. exr.cpt by a vote of at least two. thirds of the-members present; no: shall the Speaker 

The SPEAKER. The gentleman from New York [Mr. H. OSKINS] entertain a motion to suspend tho rules. except during tho last s1x: days of thesession, and on Monday of every week at the ~xp~ration o~ ono boor after tbe .To~nal will notice that the morning hour is the hour after the readmg of the is read, unless the call of Stat.es ancl Terntones for b1lls o? leave 3.!1d resolutlon:J 

Journal. There has been no J onrnal read to-day ; and this is a motion bas boon earlier concluded, when the Speaker may enterta.m a motlon to suspend 

to suspend all rules, including the very rule to which the gent.leman the rules. 

hasjust called the tt.ttention of the Chair. 1\fr. KASSON. One single word furt.her. It is proper to call for 

Mr. HOSKINS. The morning hour is not necessarily one hour after the re(J'ular order, this being a continuation of the former session of 

the reading of the Jonrnal on .Monday. The Digest sn.ys: Congr~ss. The Journal of the last d~y never having been read and 

On e>ery Monday it is made the duty of the Speaker to call the St..'l.tes :mel approved, under the call for the regular order the reading of that 

Territories. · Journal would now be in order. 

The Speaker shall call the States n.nd Territories without refe;re~ce The SPEAKER. The Chair desires to state that as a matter of fact 

to whether there has been a ren.ding of the Journal or not. It IS~- there has been no Journn,l re:ul to-dn,y7 and the rule provides that tl1e 

perative. The question whether there is a Journal or not has nothmg morniniT hour shall be the hour after the reading of the Journal. 

to do with it. The Ch~ir entertains the motion of the gentleman from New York 

Ur. BURCHARD, of ll1inois. Rule 145 forbids the Speaker to en- [Mr. HKWITT] to suspend the rules and decides that motion is in or- te:tain :\ motion to suspend the rules until one hour after the Journal uer . . The gentleman from Iowa [Mr. K.Asso~] appeals from that delS read. cision of the Chair. 

Mr. LAWRENCE. Let Rule 14S be read. Ur. HEWITT, of New York. I move to lay that appeal upon the 

Mr. WOOD, of New York. I snbmit, 1\Ir. Speaker-- table. 

Th(j SPEAKER. If gentlemen will preserve order each Will have Mr. WILSON, of Iowa. Will the Chair allow me to make one sug- a.n opportunit;y of being heard in order. The gentleman from New gestiou. ... 

York [Mr. WooD] is now upon the floor. , The SPEAKER. Certainlv. 

Mr. WOOD, of New York. I rise to a question of order. The Chair Mr. WILSON, of Iowa. 'fhe Chair bases his ruling upon the fact 

bas ruled ou this question. Th~ gentleman from Iowa [Mr. KAsso~] that there has been no reading of the Journal to-day. Now, it is 

has taken a.n appeal from the decision of tho Cha.ir and has been re- quite a common practice of the House when business pre-sses to disqnested to sn?mit his appeal in writing. ~ending t~at, I hold that pense with the reading of the Journal. -The ruling of the Chair, if 

the introduction of references to these vanous rules ts out of order, it passes into a precedent, as it undoubtedly will, would put it in the 

unless the Chair desires to reconsider its decision. power of every member, on a :Monday when the reading of the JourThe SPEAKER. The Chair will say that the gentleman from Iowa nal has been dispensed with, to move to suspend the rnles and p'lss a. 

appealed from his deci ion; thn,t the Chair then requested tho gen- resolution while a State was being called for bills; for it is a well-estlem;w from Iowa to submit his appeal in writing; and pending that, tablished pra.ctice of the House that when it is in order to suspeud 

and while the gentleman from Iowa was preparing that statement of the rules the motion to do so will take any member from the floor; 

his appeal in writing, the Chair diu, for the time being, allow and consequently I am afraid that this decision of our Speaker will lead 

still allows the gentleman from New York on the left [Mr. HOSKINS] us into this complication. 

to call the attention of the Chair to other rules, for the reason that The SPEAKER. The Chair would state iu reply to the gentleman 

he wants to be well informed. . from Iowa [l\Ir. ·wrLsox] that, in the first place, dispensing wi h the 

Mr. WOOD, of New York. The Chair will pardon ~e for saymg readincr of the Journa.l is not a practice of this House, an(l if it was that a number of gentlemen around me desire to kf!-o.w 1f the n.ppeal j it could only be done by unanimous consent, which is equivalent to 

of the gentleman from Iowa has been reduced to wntmg; and we de- the Jomnal having been ::tpproved without reading. So that, even sire tha-t the House shall act upon that appeal so that we may not be under tlle statement of the case as presented by the gentleman from : 

kept here the whole night. Iowa, [Mr. WILSON,] theJournalispracticallyapprovedandagreedto. 

The SPEAKER Tl1e Clerk will read the appeal of the gentleman 1-fr. HURLBUT. I understand the Chair to base his right to enterfrom Iowa. tain this motion to snspend the rules upon the fact that there has 

The Clerk read as follows: been no Journal read to-day. If that is so, then Rule 145 unquestionMr. KAssox appeals from the decision of the Chair just rendered as a violation ably defeats the doctrine of the Chair, because under that Rule 145 

of the rule of the House, No. 130. the rules cannot be suspended, even on a Monday, until the Journal 

Mr KASSON. I believe that under the rules I am entitled to be has been read. 

heard. I desire only to make a very brief explanation. The SPEAKER. This is a mot.ion to SUipencl that rule with all 

The SPEAKER. The gentleman can be heard, but will confine him- others. . . self to the question of order. .1\Ir. HURLBUT .. And by tha~ rule the Speaker IS expressly for-

.Mr. KASSON. Certainly; I have no other purpose. b1dden to entertarn such a motiOn. ''Nor shall the Speaker entef4 
1876. CONGRESSIONAL RECORD-HOUSE. 15 

tain;, motion to suspend the rules,~xcept during the last six days of 

the session and on Monday of every week at the expiration of one honr after the Journal is reacl." If the Journal is not read, the Speaker 

cannot entertain any such motion. 

[Cries of" Regular order."] 

The SPEAKER. The penuiug question is npon the motion of the 

gentleman from New York [Mr. HEWITT] to Jay on the t:1ble the appeal of the gentleman from Iowa [l\1r. KASSON] from the decision of 

the Chair. 

.Mr. HURLBUT. Upon that question I call for the yeas and nays. 

The yeas and nays were ordered. 

The question was taken; and there were-yeas 145, nays 73, not 

voting 72; as follows: 

YEAS-Messrs. Abbott, Ainsworth, Ashe, AtkinR, Bagby, John H. Bagley, jr .• Banning, Beebe, Bell, lllackl.mrn, Blantl, mount. Boone, llratlford, John Young 

Brown, Buckner, Samuel D. Burchard, Cabell, John H. Caltlwell, William P. Cald· 

well, Canuler, Carr. Ca.te, Caulfield, Chapin, John B. Clark, j1·., of Mi ~ouri, Cly- mer, Cochrane, Collins, Cook, Cowan, Cox, Cutler, Davis, De Bolt, Dibrell, Douglas, 

Durham, Euen, Egbert, Ellis, Faulkner, }''olton, Finley, Forney, Franklin, Fuller, Gause, GibRon, Glover. Gunter, Andrew H . IIamilton, Robert Ilamil10n, Hancock, Haruenbcrgh, Henry R. Harlis, Jobn T. lla1 ris, llarrison, Hartriclge, Hartzell, 

Hatcher, l:iaymoml, Herefuru, Abram S. llewitt, Hill, Holman, Hooker, Hopkins, 

llouse, Humphreys, Hunton, Hunl, Jenks, }'rank Jones, Thomas L. Jones, Kehr, 

Knott, Franklin Lanuers, George .M. Lanuers, Lane, Le Moyne, Lord, Luttrell, 

l!Iackey, :Mai ·h, McMahon, lleaue, Metcalfe, Milliken, Mills, MonE-y, Morgan, Mo·rison, Mutchler. Neal, New, O'Brien. Payne, Phelps, John F. Philips, Pop· 

p 'eron, Powell, Rea, Reagan, John Reilly, Rice, Riddle, Jobu Robbins. William M. 

Robbins. Roberts, Miles Ross, Scales, Sin~leton, Slemons. Southard, Spark~. Spen- cer, Springer, St.en.eer. Stevenson, Taroox, Terry, Thompson. Throckmortop, Tucker, Turney, John L. Vance, Robert B. Vance, Waddell, UharlesC.B. Wnlker, Gilbert C. Walker, Wallin,!!, Warner, Warren, Wattert~on, Erastus Wells, Whitthorne, Wik~1 Alphen S. Williams, James Williams, Jeremiah N.Williams, Willis, 

:Beniamin Wilson, Fernando Wood, aml Yeat~l45. • NAYS-Messrs. Auams, George A. Bagley, Ballou, :Banks, Blair, Bradley, William R :Brown, Horatio C. llmcha~ d, Cannon, Cason, Uaswell, Conger, Crapo, 

Crounse, Davy, Denison, Dunnell, Eames, Evans, Jt'lye, :Foster, Freeman, Frye, 

Henjamin W. Harris, Hathorn, Henuerson, Hoar, Hoskins, Hunter, Hurlbut, Hy- man, Joyce, Kasson, Kimball, ~i~~· Lapham, Lawrence, Leavenworth, Lynch, 

Magoon. MacDougall, McCra1·r, ..llliuer, Monroe, Norron, Oli>er, O'Neill, Packer, 

Page, William A. Phillips, PiArce, Plaisted, Pratt, Robinson, Rusk, Sampson, 

Seelye, A. llerrSmith, Strait, Martin I. Townsend, Wa hington Townsencl, 1.'ofts, 

Van Vorhes, Alexanuer S. Wallace, J:ohn W. Wallace, G. Wiley Wells, White, 

Wl1iting, Andrew Williams, William B. Williams, James Wilson, Alan Wood,jr., 

and Woorlwortb-73. 

'OT VOTING-Messl'S. Anderson, John H. Baker, William H . Baker, Bass, 

Bliss., Bright. Burleigh, Campbell, Chittenden, John .B. Clarke of Kentucky, Culberson, Danford, DarraH, Dobbins, Durand, Ely, Fort, Garfield, Goode, Goodin, 

Hale, Haralson, Hays, Heu•lee, Henkle, Ooldsmith ,V. Hewitt, Horre, llubbell, 

K elley, Lamar, LeV¥, Lewis, Lynde, McDill McFarlanu, Nash, Odell, Piper, Platt, 

Potter, Pruman, llmney, James B. Reilly, Sobiesld Ro s, f:iayage, Sayler, Scllleirher, Schumaker, Sheakley, Sinnickson, Smalls, William E. Smith, Stanton, Stephens, Stone, Stowell, Swann, Teese, Thomas, Thornburgh, Wait, Waltlrou, Walsh, 

Ward, Wheeler, Wbitehon e, Wigginton, Willard, Charles G. 'Villiam.s, Wilshlre, 

Woodburn, and Young-72. 

So the motion to lay on the table was agreed to. 

:Mr. KASSON. I beg to submit a point of order. 

The SPEAKER. The Chair will hear the gentlem:w's point. ~1r. KASSON. It is that the first business now in order is the readjng of the Journal; and I desi:r_e to ay a word in support of this point. 

By the first role of the House it is made the duty of the Speaker to cause the Journal of the preceding day to be read. It thus appears 

by the rules to be the duty of the Speaker (whP-n there is one) to 

make that the first business of the clay. The other business that has come in to-day by the consent of the Speaker, and also because it involved questions of very high privilege relating to the organization 

of the House and the admission of persons authorized to \Ot.e and au- thorized also to caU for the reading of the Journal, is all the lmsiness 

that has yet been transacted prior to the points of order which have 

been made. Inasmuch as the interpretation given to the rule by the 

Speaker, and from which we on this siue have dissented, rests upon 

t.he fact that the Journal has not been read, and as it thus appears 

that there has been a neglect to do a thing which tht' rule calls for, I 

desire to submit that it is now in order for any member to call for the 

reauing of the Journal, the reading of :whi.ch bas simply been postponed without any order of the House and by the intervention of cer- tain business of high privilege. 

I find that at the second session of the Forty-third Congress (and 

this is one of the pre.cedents to which I alluded when I was up before) a point like that which the Honse has been considering was distinctly 

made. I read from the proceedings of the first day of the second ses- sion--

Mr. LUTTRELL. I rise to a question of order. 

The SPEAKER. The gentleman from California, [Mr. LUTTRELL] 

will allow the Chair to a k him not to interrnpt the gentloman from 

Iowa, becau~e the Chair is desirous beyond all measure to be right in 

ail these decisions. He therefore wants to ])ear everythiug that the 

gentleman from Iowa has to say. 

Mr. LUTTRELL. I supposed that the House h:W. voted upon the 

qnestion and tl.ae case had been decided. . 1\Ir. KASSON. Tho point to which I am now speaking has not been 

decided, so fat· as I know. In addition to that, as I unuerstand, it is 

t!Je usnge for the Chair to hear an explanation of any point of order 

submitted. 

The SPEAKER. It has been the usage. and, more than that, it is 

the wish of the present occupant of the cbau t.o do so. Mr. KASSON. I was going to say that the reason the pomt is now made is lJecause of the importance which the fact assumes in therecent ruling of the Chair. On turning to the first day's proceedingd 

of the second session of the l<..,orty-third Congress, I find this record: 

ORDER OF BU8D."ESS. 

Mr. BUTLER, of Massachusetts. I demand the regular orrler of business. I 

think tho rules require that the States shall be called for bills anrl joint resolutions. The SPEAKER. lf the regular order be demanued, that is the regular order of 

business. • 

Then the gentleman from Pennsy1van.ia [Mr. KELLEY] insisted on a motion to adjourn, which the House supported . It thus appears that at the second se sion of the Forty-third Congress there was a decision of the Speaker (there may ha.ve been 

others previously; I have not had time to examine further back) 

that this busiuess was iu the regular order of business for Monday. 

Now, as I say, the Speaker having stated as a rea-son for a different 

opinion, overruling precerlents of the Honse heretofore, that the 

Journal has not been read, I desire to present to the Cbn.ir and to the 

Holl8e the point that it is in order _for any member to call for the 

reading of the preceding day's Journal at any time dnring the day on which it is in order to make corrections, if, by inadvertence or by anybody's neglect of the duty pointed .ont by the ruliug of the 

Chair, the Journal has not been read. And the rule requiring it-1 

simply make the point thnt we have the right to the rending of the 

Journal, that we may know whether it is to ue approved or not. 

Tbe SPEAKER. The Chair states the fact that the la-st session of 

Congress was adjourned without day, sine die, and that there is not, 

therefore, any prececHng flay's Journal to be read. 

Mr. KASSON. Then the reason of the Chair's ruling fails. 

Mr. hEWITT, of NP-w York. I now renew my motion to suspend 

the rules and pass the resolution. ~ 

1\Ir. PAGE. I now move the House adj<Jfi.rn. 

The SPEAKER. One motion to adjourn is in order pending the 

motion to suspend the rules. 

Mr. PAGE demanded the yeas and nays. 

The yeas and nays were ordered. 

The question was taken, and decided in the negative; yeas 75, nays 

145, not voting 70; as follows: 

YEAS-Messrs. Adams, George A. Bagley, John H. Baker, Ballou, Banks, Blair, 

Bradley, William R. Brown, Horatio C. Burcharrl. C•mnon. Cason . Caswell, Con. 

ger, Crounse. Darmll, Davy, Denison. Dunnell Eames. Evans, Fl"e. Fort, ]!'roo- man, Frye, Haralson. Benjamin W. IJarris, Hathorn. Henderson, Hoar, Hoskins, 

Hunter, llurlbot, Hvman, Joyoo, Kasson, Kimbnll. King, LaM, Lapha~ Law- rence, Lea>enworth, tyncb, M~oon. M.acDourrall. McCrary, Miller, Monroe, Norton, Oliver, O'"Neill, Packer, Pa.:;re, William ..l. 'llhillips. PlaiR ted. Robinson, Rusk, 

Sampson, Seelye, A. Hen· Smith, Strait, Martin I. Townsend, Washin.~n Townsend, Tufts, Van Vorhes, Alexander S. Wallace, John W. Wallace, G. Wiley 

Wells, White, Whiting, .Andrew Williams, Char-les G. Williams, William B. Williams, ,James Wilson, Alan Wood. jr., and Woodworth-75. 

NAYS-Mt>ssrs. Abbott, Ainsworth, Af<he, Atkins, Bagby .. Tohn H . Bagley,jr., 

Beebe, lllackburn , Bland, Bliss, Blotmt, Boone. Hradford, .John Young Brown, 

Buckner, Samuel D. Borcharrl, Cabell, John H. Caldwell, William P. Caldwell, Can•ll~r. CaJT, Cate, Caulfield, Chapin, J ohu ·B. Cl:uk, jr., of Missonri, Clvmer, 

Couhrane, Collins, Cook, Cowan, Cox. Cutler, Davis, De Bolt., Dibrell, Dongl:.ts, Durand, Durham, Edcn,Egbert. Ellis, Faulkner, Felron. Finley, Fol'lley, Franklin, 

Fuller, Gause, Gibson. Goode, Gunt r. Andrew .II. Hamilton. Robert Hamilton, 

Hancock, Hardenbergh, Henry R Harris, John T. Harri~. Harrison, Ha.rtridge, 

Hartzell, Hatcher, Henkle, Ilereford, Abram S. IJewitt, GolUsmith W. Hewitt, 

Hill, Holman, llookt>r, Hopkins, House, Humphreys, Hunron, Jenks, Frank Jones, 

Thomas L. Jones, Kehr, Knott Lamar, Franklin Lanuers, George M. Landers, 

Lord, Luttrell, Mackey, Maisll, McMahon. Me:ule, Metcalfe, Milliken. Mills, 

Money, Morgan, Morri on. Mutchler, Neal, New, O'Brien. Payne, Phelps, John F. 

Philips, Piper, Poppleton. Powell. Rea, Reagan. John Reilly. James B. Reilly. Rice, 

Riddle, John RoLbin . William M. Robbins, Roberts, Milt's !loss, Scales Sin loton, Slemons, Rpark.s. Spencer. Springer, Stanton, Stenger, Tarbox. Terry, Thomp- son, Throckmorton, Tucker, Tnrne.\", John L. Vauce Robert B. Vance, Waddell, 

Charles C. B. Walker, Gilbert C. Walker, Walsh, Warner, Watterson, Era~:;tus 

Wa11iug,Wells, Whit.tborne, Wike. AlpbeusS. Williams,'James W1Uiarns. Jereu1in.h .N. Williams. Willis Benjamin Wilson. Fernan1lo Woou, and Yeates-145. 

NOT VOTING-Me rs. Anderson, William II. Baker. Banning, Bass, nell. Bri~ht, 

Burleigh, Campbell, Chittenden, John B. Clarke of Kentucky, Crapo, Culberson, 

Danford, Dobbins, Ely, Foster, Gartleld, Glover, Goodin, Hale, llaymond. Hays, 

Hendee, Hoge, Hubbell. Hurd, Kelley, Le Moyne, Levy, Lewi , Lynde, McDill, 

McFarlaml, Nash. Odell. Pierce, Platt Potter, Pratt. Pnrmau, Rainey, Sobit·sk.i 

Ross, Savage, Sayler, Schleicher, Schumaker, Sheakley, Sinnickson, Smalls, William E.Smith, Sonthard. Stevenson, Stephens, Stone, Stowell. Swann, Teese, Thomas, 

Thornburgh, Wait. Waldon, Ward. ·warren, Wheeler, Whitehouse, Wigginton, 

Willard, Wilshire, WooJburn, and Yonng-70. • ~ . 

So the House refused to adjourn. 

'fhe question then recurred on the motion of Mr. HEWITT, of New 

York, to suspend the rules and pass the resolution. 

Mr. KASSON. Let the resolution bo again read. 

Tbe resolution was again read. 

Mr. KASSON. I ask the gentleman from New York to modify his 

resolution so as to confine it to Federal officers. 

Sevemll\fE.\IBERS. Regular order! 

The SPEAKER. The question now is on the motion of the gentle- man from New York to suspend the rules and pa s the resolution as 

it bas been jttst read. Debate and amoudment are out of order. 

Severall\1EUBERS. Regular order! 

Mr. KASSON. I ask, accordiu,g to the usual cust.om heretofore, to 

suggest :t modification of the resolution, if the gentleman is willing 

tq itccept iL. 

1\fr. HEWITT, of New York. I insist on the resolution as presented. 

.Mr. COX. I object to any modification or debate. 

Mr. KASSON. It refers to State elections and State officers, and I 

ask it be limited to Federal officers, as it is now an encroachment upon 

State rights in thnt respect. 

Mr. BLACKBURN. I demand the regular order of business, which 
I, 

16 CONGRESSIONAL R.ECORD-IIOUSE. DECEJ\IBER 4, 

is on the motion to suspend the rules and pass the resolution, and on that motion I demand the yeas and nays. 

The yeas and nays were ordered. · Mr. LYNCH. I wish to make an inquiry. 

The SPEAKER. It is not in order. 

Mr. LYNCH. But the gentleman from New York hn.s a right to 

yield. 

The SPEAKER. For what purpose does the gentleman rise t 

Mr. LYNCH. I merely wish to a~k the gentlemn.n from New York 

to yielU to allow Mis i sippi to be included. 

The SPEAKER. Tho motion to suspend the rules cannot be 

amended. 

Mr. LYNCH. But ho can modjfy his motion. 

Mr. COX. Let the roll-call proceed. · The question was taken; and it was decided in the affirmativeyeas 156, nays 78, not voting 56; as follows: 

YEAS-Messrs . .Abbott, Ainsworth, Ashe. Atkins, Ba.gby, .John H. Ba.g_ley, jr., 

Bannin" Beebe Bell, Blackburn, Bland, Bliss, Blount, .Boone, Brn.clforu. John 

Young Brown B'uclrner, Samuel D. Burcharll, Cabell, John rr. Caldwell, William 

P. Calilwell, Cancller, Carr, Cate, Caulfiehl, Chapin, John n. C~ark. jr .. of Mi~ ouri, 

Clymer Cochrane, Collins, Cbok, Cowan. Cox, Cutler, DaVIs, De Bolt, Dibrell, Dougl:t~. Dnrancl, Dttrhmn, Eden, E!.!bert, Ellis. Faulkner, Felton, Fi:?ley, Forney, 

l!'r:mklin, Gause, Gibson, Glover, Goode, Gunter, Af!rlrO\v H. 1Iam1!ton, r~bert 

Hamilton, Tiancock, Har<lenbergh, Ilenry R. Harrts, John T. Rant~. Harrtson, 

Hartl'idge, Hartzell, Hatcher, Henkle, llcreforc1, A~ram S. HeWitt, Hill, Holman, 

llooker llopl,ins. House. Humphreys, Hnntou. Hur£1, Jl'nk.o;, Frank Jones, Thomas 

L. Jon~s. Kohr, Knott, Lamar, Fr~nklin Landers. George 11. Land~r~. Lane .. Le 

:Morna Lord. Luttr<lll, .Mackey, JJmsll,McMahon, Meacle, Metcalfe,Milhken, Mills, 

Mone.r: Morgan, Morrison, Mutchler, Neal, New, O'Brien, P?.vne, rhelps, Job~ F. 

J:'ltilips, Pierce, Poppleton, Powell Rea, Rea..e:nn, John lleill.v, .Tames B. Reilly, 

Rice Ridclle, John Robbin~, William M. Robbins, Roberts, Miles Ross, S~'\"age, 

Scale , Seelye, Singleton. Sle~ons, Southard, Sp~rks, Spencrr, Stanton, Sprmger, Sten"er, tevenson, Tarbox.~rry, Thomp on, Throckmorton, Tnckor, Turney, .Tobu L. Vance, Robert B. Vance, ·waddell, Charles C. B. Walker. Gilbert C. 

Walker, Walling, \Valsh, Warner, Warren, \Vatterson, Era.<~tus Wells. Whitthorne, 

\Vike. Willard. A.lvheus S. Williams, James Williams. Jeremiah N. Willia.ms, Willis, Wil hi:re, Benjamin Wilson, Fernando Wood. and Ycates-156. 

N A.YS-llr. srs. Adams.GcorgeA. Bagley, John ll. Baker, Ballou, Banks, Blair, 

Braclie.v. WilliamR. Brown. Horatio C. Burchard, Cannon, ason, Caswell, CoHger, 

Crapo.' Crounse. Danford, DarraH, Davy, Denison, Dunnei~ Eames, Evan. , Flye, 

Fort. Foster, Freeman, Frye, Haralson, Benjamin W. Harris, H~thorn, H~nderson, 

Hoar, Hoskins. Hunter, Hurlbut, Hyman, Joyco, Kasson, Kimball, King, Lapham. Ln.wr·enoe, Leavenworth. Lynch, Magoon, MacDougall, McCrary Miller, 

Monro!', Norton, Oliver, O'Neill, Paf.'_ker.Page, William .A. Phillip , Pratt. Rollin- son, Rusk, Sampson, A. Herr Smith, Strait, Martin I. Townsend, Washington 

Towns nd, Tufts, Van Vorhes, Waldron, Alex.an<ler S. \Vallace. John W. Walll!ce 

G. Wilev Wells, White, Whiting, Andrew Williams, Charles G. Williams, William B. \Villiams, James Wih!On,Alan ·wood,jr .• Woodburn, and Woodwortll-78. 

NOT VOTING-Me; rs. Anderson, William H. Baker, Bas, Bri~ht, Burleigh, 

Campbell, Chittenclen. John B. Clarke of Kentucky, Culber on, Dobbins, Ely, 

Fuller, Garfield, Goodin, Hale, Haymond, llays, Henclee Golcl mith W. Hewitt, 

Hoge, IJnbbell, Kelley, Levy, Lewis, Lyt;de, M~ill, .McFarland, Nash. 9dell, 

Piper, Plaisted, PL1tt., Potter, Punuan, Rame.v, outOskt Ross, Sa..vler, SchleiCher, 

Schumaker, She.'l.kloy, Sinnickson. Smalls, William E. Smith, Stephens, Stone, 

Stowell, Swann. Teese, Thomas, Thornburgh, Wait, Ward, Wheeler, Whitehouse, 

Wigginton, :mu Young-56. 

So (two-thirds ha,ing voted in favor thereof) the rules "Wero sus- pended and tbe resolution was nrlopted. 

During the ca.ll 0f the roll the following proceedings took place: 

1\lr. CONGER. The name of my colleague, JAY A. HUIJBELL, a republican Representa,tive from Michigan, was read by the Clerk .1s 

voting in the affirmative; he i not in the city. 

The PEAKER. The clerks have informed the Cbnir that there was a mistnke in the reading of the name of Mr. Hurm~tr~L. He is 

not recorded as votin(J' at a1l. His name was reacl by mi take for that 

of Mr. H;UMPnREYS, ;hich is inserted on the roll-call in writing. 

Mr. STRA.ll'. My name was read in the affirma,tive and also in 

the negativo vole. 

The SPEAKER. That., of course, cannot be allowed. [Laughter.] 

Mr. STRAIT. I voted in the negative. 

Mr. CONGER. I a k that the names be read again. 

Mr. SPRINGER. I ca.U for the regular order. Let the vote be 

announcell. 

Mr. WHITE. I nnderstn.nd that my name was read on both sides. 

The SPEAKER. The gentleman from Kentucky [Mr. WHITE] is re corded as voting in tbe negative. 

The Chair will now announce the vote. On the motion to suspend 

the rules and adopt the resolntion suLmitted by the gentleman from 

New York [Mr. HEWITT] the yeas are 156 an<l the na;s 78. Twothirds having voted in the aftirma.tive, the rules a.re suspended and 

the resolution adopted. [Applause.] 

ORDER OF BUSI~'"ESS. 

Mr. DURHAM. I rise ton. question of privilege. 

The SPEAKER. The House will come to or«ler. Gentlemen will 

please take their seats. [After a pause.] Tho gentleman from New 

York [M.J·.WooD] is recognized. The Chair will afterward recognize the gentlema.n from Kentucky. 

NOTIFICATION OF ORGANIZATIO:N. 

Mr. WOOD, of New York. I move the adoption of the following 

resolution: f 

Resolved That a. committee of three be appointed on the part of the House, to join such committee as may be appointed on the part of the Senate, t.o wait on the 

Pl'esident of the United States and inform him that a quoruni of the two Houses 

hitS assembled and that Congress is ready to receive any communication that he 

may be pleased to make. 

Mr. KASSON. I ask if there has not been a message from the Sen-

/ 

ate a.nnonncing the appointment of the committee on the part of that 

IJotly. If so, I woultl suggest that the langua.ge of the resolution 

bo ruo(li lied so th·1t it shall read : " Such c9mmittee as has been appointe(l." 

Mr. WOOD, of New York. That is a technical matter, but I have no objection to modifying the resolution in the way suggested. 

The resolution, as modified, waa adopted. 

The SPEAKER. The Chair annonnces as the committee to wait 

upon the President of the United States, under the resolution just 

ntlor,ted, Mr. WooD of New York, Mr. CLYMER of Pennsylv:tnia, and 

Mr. HOAR of Mas achusetts. 

1\Il'. MORRISON. I offer the following resolution: 

Resolved, That a. messa(!e be sent to tlle Senate to inform that body that a. quo- rum of the House of Representati'\"eS bas assembled and tbatHon. SAMUELJ'. RA....'i· 

DALL. one of the Representatives fl'om the State of Pennsylvania, has been chosen 

SpeakeJ', and tb.'l.t the Honse is now ready to proceed to business. 

Mr. HOLMAN. I believe, sir, that the law requires that the Preshlent of the United States shall be notified of the election of the Sp~aker. If so, I submit the following resolution: 

Reso!ved, Tbat the Clerk of the Honse inform tlle Pre ident of the United States 

that Hon. SAMUEL J. RaXllALL, one of the Representatives from tllo State of Pennsylvania, bas been elected Speaker· of the House of Representatives. 

Mr. HOAR. I would suggest that both that resolution and the 

last oue bo modified by the audition of the words ''in room of Ron. 

:\fichael C. Kerr, deceased." · Mr. HOLMAN. I think that is ha.rilly necessary. - The resolution was agreed to. 

CORRECTION OF TilE JOURNAL. 

Mr. DURHAM. I rise to a, question of llrivilege. On the last da.y 

of last session a vote wns tuken on the report of the conference com- mittee on the bill (H. R.No. 4146) to authorize the President to accept 

t.he services of volunteers to aid in t.he suppression of Indian ho tili tics. 

I was reported as voting in the a.ftirma.tive on thnt bill. I desire tp 

state that I voted in the neg:ttive. I did not know that I was recordc(l as hn.ving voted in the a.ffirmative on thn.t proposition until I saw it so a,nnonnced iu the Loui ville Courier of August 17. I immediately 

adore sed a letter to the Clerk of the House, a king him to make the 

correction. He wrote to me that it was not in his power to make that 

correction of the Journ!tl. I take this the first opportunity I have to 

set myself right on the record. 

The SPEAKER. The Journal cn.nnot now be corrected, but the 

Chn.ir supposes the gentleman has accompli8hed his object IJy making 

his statement. 

Mr. DURHAM. Yes, sir; that is all I ~esire. 

ORDER OF BUSIXESS. 

.Mr. HOLMAN. I move that the House do now adjourn. 

Mr. MAcDOUGALL. I hope the gentleman will yield to me that I 

may offer ~t resolution. 

:Mr. HAMILTON, of Indiana. I desire to offer the resolution which 

I su IJmitted so!Ile timo ago. 

The SPEAKER. Does the Chair understand the gentlema,n from 

Intliann. fMr. HODIAN] to yield l 

Mr. HOLMAN. I preslltne that by unanimous consent tho resolution of my colleague m:ty be adopted. . Tbo SPEAKER. If t.he gentleman from Indiana [Mr. HOLl\IAN] 

does not yield, the question is on his motion t.hat the House do now adjourn. 

b1r. MAcDOUGALL. I ask the gentleman to yield to me for this 

resolution. I think it is a little early to begin these ta.ctics. I have 

been on my feet for some time with the promise of the Chair that I 

should be permitted to offer this resolution. 

The SPEAKER. The Chair will say to the gentleman from New 

York [Mr. 1\fAcDoUGALL] that he has no power to prevent a member 

from making n. motion to adjourn. 

Mr. HOLMAN. Without withdrawing the motion to :uljourn, as it seems to be the wish of gentlemen that n. resolution should be adopted 

fixing a day upon whichproperrespectmaybe howntothememoryof 

the late Spea.ker of this House, I will yield for that resolution. I 

suppose there will be no objection to that. 

Mr. MAcDOUGALL. We have no objection to that. We were wi1lin(7 to adjotirn some time ago out of respect to the late Speaker, 

but t h~re was no respect for him then. All I desire is to submit the 

resolution wbich I have in my hn.nd. 

Mr. HOLMAN. I cannot yield for any other resolntion than the one I have indi~ated. I hope that it will be read and con itlereu 

"Without my withdrawing the motion to adjour:n. 

Mr. 1\lAcDOUGALL. I object to the reading of any resolution 

until--

1\fr. HOLMAN . . Then I insist npon the motion to af1jonrn. And 

in order to comply with the rule I will move that the Honse now adjourn until twelve o'clock ~o-morrow, ina~much as no time has 

been fixed for the regular meetmg of the House. 

The SPEAKER. The Chair uuclerst!l.nds that that is the regular 

hour of meeting. 

1\Ir. HOLMAN. By the rule the regular hour of meeting must be 

fixed by the House. As it has not yet been fixed, I move that the 

House now adjourn to twelve o'clock to-morrow. 

, 

. 
1876. CONGRESSIONAL RECORD-SENATE. 17 

ELECTIO~ L'lif SOUTII CAROLL'IifA, 

The SPEAKER. Before ;PUttln~ the motion to adjourn, the Chair 

will announce as the select committee authorized by the resolution 

this day adopted to investigate the late election in South Carolina, 

Mr. SAYLER, of Ohio; 1\fr. ABBOTT, of Massachusetts; Mr. STE~GER, 

of Pennsylvania: Mr. ED ~, of illinois; Mr. Jo~s, of Kentucky; 

Mr. PmLLI:Ps, of Missouri; Mr. B~Ks, of Massachusetts; Mr. HALE, 

of Maine, and Mr. LAWRE~CE, of Ohio. · Mr. HOAR. Mr. HALE, of Maine, as I am informed, is not in this 

city. Putting him on that committee will deprive the republicans of 

this House of one of their number. 

The SPEAKER. That is not the wish of the Chair, who will appoint Mr. WILLARD, of Michigan. 

M1·. CONGER. I wish there might be arepublicanappointed in place 

ot 1\Ir. HALE. 

Mr. SPRINGER. Is not Mr. WILLARD a republican 7 

Mr. CONGER. He voted with the other side. 

Mr. WILLARD. I am already on an important committee, which 

will employ all my time during this entire month. I therefore ask 

to be excused. 

The SPEAKER. Then the Chair will appoint Mr. LAPHAM, of New 

York. 

The motion of Mr. HOLMAN was then agreed to ; and accordingly 

(at seven o'clock and thirty minutes p.m.) the Honse adjourned till 

twelve m. to-morrow. 

IN SENATE. 

fUESDAY, December 5, 1876. 

Prayer by the Chaplain, Rev. BYROlf SuNDERLAND, D. D. 

JAMES L. ALCORN from the State of Mississippi, GEORGE GoLDTRW AITE from the State of Alabama, TIMOTHY 0. HOWE from the State 

of Wisconsin, J o~ W. J OHNSTO~ from the State of Virginia, JOHN 

P. JONES from the State of Nevada, SAMUEL J. R. McMILLAN from 

the State of Minnesota, and RICHARD J. OGLESBY from the State of 

Illinois, appeared in their seats to-day. 

The J ournaJ. of yesterday's proceedings was read and approved. 

MESSAGE FROM THE HOUSE. 

A message was received from the Honse of Representatives, by Mr. 

GEORGE M. ADAMS, its Clerk, as follows: .Mr. President, I am directed by the House of Representatives to inform the Senate that a quorum of the House of Representatives has 

assembled, and that SA...."\:IUEL J. RANDALL, one of the Representatives 

from the State of Pennsylvania, has been chosen Speaker, and that 

the House is now ready to proceed to business. • Also that a committee of three on the part of the Honse has been 

appointed, to join such committee as may be appointed on the part of 

the Senate, to wait on the President of the United States and inform 

him that a quorum of each Honse has assembled and that Congress 

is ready to receive o.ny communication which he may be pleased to 

make, and that the Speaker has appointed Mr. FER~ANDO WOOD of 

New York, Mr. HEISTER CLY:\IER of Pennsylvania, and Mr. GEORGE 

F. HOAR of Massachusetts the said committee on the part of the House. 

EXECUTIVE COIDWNICATION. 

The PRESIDENT pro tempo1·e laid before the Senate· a report of tlte 

Secretary of the Interior, communicating, in obedience to law, an in- ventory of the property belonging to the United States in the buildings 

:and grounds in the District of Columbia under the charge of the Interior Department; which wa~ ordered to lie on the table and be 

printed. 

PETITIONS AND MEMORIALS. 

Mr. WRIGHT presented a resolution of the board of supervisors 

of Woodbury County, Iowa, in fo.vor of dividing the Sto.te of Iowa 

into two judicial districts, to be known as the northern and south~rn 

districts, and fixing Sioux City as one of the places at which sessions 

of the United States courts shall be held in the northern district; 

which was ordered to lie on the table, to be referred to the Committee on the Judiciary when appointed. 

He also presented the petition of '1.'. A. Walker, a citizen of Iowa, 

praying to be re-imbursed for the amount of certain money paid by him for clerk hire while acting a-s register of the United States land 

office at Des Moines, Iowa; which was ordered to lie on the table, to 

be referred to the Committee on Public Lands when appointed. 

BILLS INTRODUCED. 

Mr. SPENCER asked, and by unanimous consent obtained, leave 

to introduce a bill (S. No. 1048) to estv.blish the Territory of the 

Black Hills, and to provide a tempora.ry government therefor ; which 

was reo.d twice by its title, and ordered to lie on .the table and be 

printed. · POPULAR VOTE FOR PRESIDE~"!. 

Mr. MORTON. I offer a joint resolution, which I ask to have 

printed and laid on the table until committees are appointed, and 

then referred to the Committee on Privileges and Elections. 

V-2 

The joint resolntio:t;t (S. R. No. 28) proposing an amendment to the 

Constitution of the United States, so as to elect the President and 

Vice-President by the direct vote of the people, was read a.t length, as follows: 

Resolved by the Senate and House of Representatives of the United States of A mer- ica in Oongress assembled, (two.thirds of each House concurring therein,) That the 

following artic1e is hereby proposed as an amendment to the Con...qfitution of the 

United States. and, when ratified by the Legislatures of threb-fourths of the sev- eral States, shall be valid, t.o all intents and purposes, as a part of the Constitution, to wit: ARTICLE-. 

I. The President and Vice-President shall be elected by the direct vote of the 

people in the manner following: Each State shall be divided into districts, equal In number to the number of Representatives to which the State may be entitled in 

the Uon~ess, to be composed of conti.,.uous territory, and to be as nearly equal in 

population as ma:v be; and the person 'baving the highest number of votes in each 

district for President shall receive the vote of that district, which shall count one presidential vote. . ll. The person having the highest number of votes for President in a State 

shall receive two presidential votes from the State atlarge. 

ill. The person having the highest number of presidential votes in the United 

States shall be President. 

IV. If two persons have the same number of votes in any State, it being the 

highest number, they shall receive each one presidential vote from the State at large; and· if moo than two persons shall have each the same number of votes in 

any State, it being the highest number, no presidential vote shall be connted from 

the State at large. If more persons than one shall have the same number of vot-es, 

it being the hi~hest number in any district, no presidential vote shall be counted 

from that district. 

V. The foregoing provisions shall apply to the election of Vice-President. 

VI. The Congress shall hwe power to provide for holding and conductin~ the 

elections of President and Vice-President, 'llld to establish tribunals for the decision 

of such elections as may be contested. 

Vll. The States shall be divided into districts by the Legislatures thereof, but 

the (J{)ngress may at any time by law make or alter the ~a.me. . 

Mr. MORTON. I desire to state that that is the identical proposition reported by the Committee on Privileges and Elections two years 

ag~he PRESIDENT pro tempore. The joint resolution will lie on the 

table o.nd ue printed, being considered as read twice. 

Mil.TlfER OF COUNTING ELECTORAL VOTES. 

?tfr. MORTON. Mr. President, I have here a compilation prepared 

by Major McDonald, our very able and experienced Chief Clerk, con- taining the action of the Sel)ate and House of Representatives in re- gard to the manner of counting electoral votes for President and 

Vice-President from 1789 to 1873, with a statement in detail of the 

electoral votes for President and Vice-President for the sn.me period. 

I think that the information contained iu this compilation is very important and will be of great interest to Congress and to the country at 

this time. In this matter, Major McDonald bas simply carefully and 

accurately compiled the action taken, and hat~ given no opinion of his own. I move tho.t 10,000 copies of this compilation be printed for the use of the Senate. The cost will be $327.72. 

The PRESIDENT pro tempore. The Senator from Indiana moves that the compilation presented by him be printed. The question is on that motion. 

Mr. CONKLING. 1\fr. President, I should like to inquire whether 

this compilation was not made in pursuance of a resolution adopted 

by the Senate two or three years ago. 

The PRESIDENT pro tempore. The Chair understands that two or three years ago there was :1 similar statement made in response to a resolution, but that there was no resolu~ion inviting the present 

compilation. 

Mr. CONKLING. It may not be important; but I am quite sure there was :1 resolution adopted by the Senate, I think in 1873 or 1874-

Mr.ED:YUNDS,(toMr.Co~KLL.•m.) Which was offered byyonrself. 

Mr. CONKLING. As my friend from Vermont reminds me, and 

that is my recollection, I had the honor to offer myself the resolution 

which was adopted by the Senate. It directed this compilation, and 

directed it to be made by the gentleman who has made it; and for 

that rea-son, aa well as for others, it seems to me a matter of course that it should be printed. Although I speak from recollection, I am quite sure I am not mistaken. 

The PRESIDENT pro tempore. The Chair it~ advised, in answer to 

the Senator from New York, that the Chief Clerk reported a statement, which was printed, in answer to the resolution referred to by 

the Senator, but it was not so full as the present compilation. 

Mr. CONKLING. That is quite possible. 

The PRESIDENT pro tempore. That is the statement of the Chief 

Clerk. 

1\Ir. THURMAN. What is the motion Y 

The PRESIDENT pro tempore. The motion is to print 10,000_ copies 

of the compilation. , Mr. THURMAN. That motion will have to go to the Committee on Printin(J", will it notY 

The PRESIDENT pro tempore. It will, unless the motion be considered by unanimous consent. 

Mr. THURMAN. I have no doubt of the general accuracy of the 

compiler of this statement, but I have not seen it at all and knownothingwhatsoever about it. I should like to see itbeforeordering10,000 

copies of it to be printed for distribution among the people, of course. Ten thousand copies cannot be needed for the use of the Senate. I 

say this the more freely because I have seen what purport to be com·