CONGRESSIONAL RECORD. 

PROCEEDINGS AND DEBATES OF THE FORTY-FOURTH CONGRESS. 

SECOND 

IN SENATE. 

:MoNDAY, December 4, 1876. 

The first Monday of December being the day prescribed by the 

Constitution of the United States for the annual meeting of Congress, 

the second session of the Forty-fourth Congress commenced this day. 

The Senators assembled in the Senate Chamber at the Capitol, in the 

city of Washington. 

SE~ATORS PRESE~T. 

The following Senators were present: From the State ofMaine-Hannibal Hamlin. . l:\ew Hampshire-Aaron H. Cragin and Bainbridge Wadleigh. 

Vermont-George F. Edmunds and Justin S. Morrill. 

Massachusetts-GeorgeS. Boutwell and Henry L. Dawes. 

Rhode Island-Henry B. Anthony and Ambrose E. Burnside. 

Connecticut-William H. Barnum and William W. Ea.ton. · New YoJ'k-Roscoe Conkling and Francis Kernan. 

New Je1'sey-Frederick T. Frelinghuysen and Theodore F. Randolph. 

Pennsylvania-Simon Cameron and William A. Wallace. 

Delau:a1·e-Thomas F. Bayard 

Ma1·yland-George R. Dennis and William Pinkney Whyte. 

Virginia-Robert E. Withers. 

North Ca1·olina-Augu.stus S. Mernmon and Matt. ·w. Ransom. 

S01tth Carolina-John J. Pa.tter8on. 

Georgia-Thomas M. Norwood. 

Florida-Simon B. Conover and Charles W. Jones. 

Alabama-George E. Spencer. 

Mississippi-Blanche K. Bruce. 

Louisiana-J. R. \Vest. 

Texas-Morgan C. Hamilton and Samuel B. Maxey. 

.A1·kansas-l'owell Clayton n,nd Stephen W. Dorsey. 

Missottri-Lewis V. Bogy and Francis M. Cockrell. 

Tennessee-l;Ienry Cooper n,nd David M. Key. 

Kent1wky-Thomas C. McCreery and John W. Stevenson. 

West Virginia-Heury G. Davis. 

Ohio-Allen G. Thurmn,u. 

Indiana-Joseph E. McDou:tld and Oliver P. Morton. 

fllinois-J ohn A. Logan. 

Michl!Jm~r-Isaac P. Christiancy and Thomas W. Ferry. 

Wisconsin-Angus Cameron. 

Iou:a-William B. Allison and George G. Wright. 

Minnesota-William Windom. 

Kansas-James M. Harvey and John J. Ingalls. 

Nebmska-Phineas \V. Hitchcock and Algernon S. Paddock. 

California-Newton Boot.h aud A:tron A. Sargent. 

Oregon-John H. Mitchell. 

The PRESIDENT pro tempore (THOMAS W.· FERRY, of Micbirran) 

cn,llcd the Senate to order at twelve o'clock m., there being a quo~um o{ Senators present. PRAYER. 

Rev. BYRON SUNl>ERLAXD, D. D., Chaplain to the Senate offered 

the following prayer: ' . 

O, Thou, Almi~hty aod Everlasting God, in Whom we live, and move, 

and ha_ve our lremg-, we co~e here together this day to lift up to Thee our umt.ed prayer m worshtp and adoration. We come to thank Thee 

for tho kindness of that providence which has gone over us and over all the land during the mouths tha.t are past. We thank Thee that in 

Thy goodness Thou hast preserved the lives of so many of these, Thy 

SESSION. 

servants, and brought them hither again to greet each other and to re- sume their serious labors in this place. We thank Thee for th:tt great 

me:tsUre of mercy which Thou hast vouchsafed to our country during 

this centennial yen.r. We th:tnk Thee for the success of those wonderful arrangements by which it has been commemorated. We thank 

Thee that in the miust of a momentous politic:tl contest so much of 

right sense aud goou order has prevailed among tho people. And we come to confess n,nd to deplore before Thee and before the nations 

wha,tever of evi1, in any quarter or upon any side, may have been in 

the viobtion or abuse of the great fra.nchise of freemen. And now that we :tnd this whole nation are in the midst of this vital business, 

wllich llas yet to be concluded, we humbly entreat Thee to remember 

all t.hose who lla.ve any part to take in tho solemn juncture of our national affairs. 

We beseech Theetorememberaud bless Thy servant, the President 

of the United States, and his C:tbinet; Thy servants, the officers and 

members of the Congress now convened; thejudges andm:tgistratesof 

the land; the officers and men of the Army and Navy; and all those 

who have any rule or authority to bear over us. O, we beseech Thee, grant to these, Thy servants, special wisdom 

and understanding, that they may be able to determine and to do that 

which is right in accordance with Thy most gracious will and in furtherance of the welfare of all the people. 0, Thou Fatller of Light, 

may they see light in Thy light. 0, Thou Author of all Peace, suffer us not for our sins to fall into confusion, but breathe peace and stability over all the land. And forasmuch as the members of this Congress first came together under the shadows that yet lingered a.bout 

these halls for the death of him who once presided here, and forasmuch as they parted n,way in the anticipation of the same sad event 

for him who presided yonder, a,nd whose memory yet claims our rev- . erent attention, we entreat Thee, 0 Lord, that these united voices, 

speaking from the grave, may give tender counsel to all the living; 

and we beseech Thee that there may be a continual effort to understand 

and to know the way of right, and truth, and justice. 

0, Thou God of our fathers, keeping covenant and mercy for thou·· 

sands of them th:tt love Thee and obey Thy law, forsake us not, wo beseech Thee, before the eyes of all the nations in such a time as this; 

but do Thou be graciously pleased to preside over us in all our affairs, 

and do not, for any single instant, let go Thy care upon us. Through 

Jesus Christ, our Lord. A.meu. 

SWEARING IN OF SE~ATORS. 

The PRESIDENT pro tempore presented the credentials of Jerome 

D. Chaffee, elected by the Legislature of the State of Colorado a Senator from that State; which were read. · He al~o presented the credentials of Henry 1\I. Teller, elected by 

the Legislature of the State of Colorado a Senator fi·om that State; 

which were read. 

The PRESIDENT pro tempore. The Senators-elect who are present 

will please advance to the desk n,nd take the constitutional oath. 

Messrs. Chaffee and Teller advanced to the desk. 

· Tho PRESIDENT pro tempore. Tho Chair understands there are 

other Senators-elect present, who will please ad vance to tho desk to be sworn at the same time. 

Jn,mes G; Blaine (whose credentials of appointment by the gov- ernor of Maine as Senator fr(}jn th:tt State to fill until the next mec>t.-

ing of the Legislature the vacancy occasioned by tho resignation of 

Lot M. Morrill were presented at the last session) advu.ucetl. to tlle 

desk. 

Tho oaths prescribed by law having been administered by the Presi-
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. ·