The national Republican., 1867-03-05
CONGRESSIONAL PROCEEDINGS.
FORHETH CONGREsS-.FIRST SESSION.
SENATE.

The new Senators then came forward and wero
qualified by taking the oath Of Office
| called
Mr.. Trumbull presented the credentials Of the
Nebraska Senators, Messrs. Thayer and Upton,
who were thereupon sworn In,
The Nebraska Senators then drew from the box
for terms, whom Mr.. Thayer drew the term expiring
March 8, 1871, and Mr.. Upton the term expiring
| March 3, 1869
The usual resolution notifying the President and
the House Of the fact Of quorum being present
were then adopted, and the Senate, at ono o'clock,
HOUSE OF REPRESENTATIVES,
After Mr.. Colfax had concluded his remarks
closing the Thirty Ninth Congress,
| Mr.. Mcpherson, Clerk Of the last House, imme
diately called the House Of Representatives Of the
Fortieth Congress to order, and called the roll Of
| members, when quorum answered.
Mr.. Wilson. Of Iowa, moved to proceed to the
election Of Speaker.
Mr.. Brooks, Of N Y, spoke against perfeeting
the organization, md said there was no precedent
to justify such hasty action. The shortest period
during which Congress was ordered to convene was
In 1918, when q proclamation was issued three
months In advance, and Il was not then as now,
that some Of the States were not represented.
| Then the boundaries Of the country extended only
from the Chattahoochie, In Georgia, to the Penob-
scot, In Maine, and now, when we stretch out from
the Atlantic to the Pacific, notice Of one month
and nine days Is supposed to be sufficient for con.
vening Congress-
Mr.. Kelley asked Mr. Brooks II, at the time re.
ferred to, railroads and telcgraphs were in opera
tion.
Mr.. Brooks replied that there were some people
who asked very foolish questions, but he supposed
| parliamentary usage would not allow him TO say
that he never expected foolish question that
| from tho learned gentleman from Pennsylvania.
There are sections Of this country that could not be
reached In time to hold elections for this Congress-
and not only Is the far-oT State Of California ex.
| cludcd, but also such old States as Rhode Island
New Hampshire, and Connecticut, three Of the
original thirteen, have found 1t impossible to have
members hero.
| There are those who call this body tho "Rump
| Congress-" He would not indulge in any such
phraseology, but he would caution members not to
| act go rs to deserve the name not Of q Tump Con.
| gress, but the rump Of rump Congress. There are
others who believe that this Is not legal Congress
with so many States excudedi and while he could
not recognise this Congress de jure, he did
recognize 1t as de JaeiO and such had obeyed
the order to assemble here, but the Democratic
members had drawn up paper protesting against
any further action being taken until oil the States
are represented.
| Mr. Williams, Of Pennsylvania, asked If one Of
the most important Congresses that ever convened,
| that Of 1861, had not been summoned to assemble
| on q proclamation Of sixty days, and that, too,
| when many Of the States were not represented.
Mr. Brooks said he did not at all question the
right Of the Executive to call Congress together;
but who ever witnessed such scene as this-one
Congress expiring, and In the midst Of the excite
ment attendant upon 1t another Congress imme-
diately assembling and proceeding to business
Mr.. Dawes, Of Massachusetts,, asked Mr.. Brooks
IL he had not heard that President Pierce had con-
vened one session Of Congress Immediately upon
the expiration Of the preceding one.
Mr.. Brooks said that case had no bearing upon
this; for upon that occasion 1t was only another
session Of the same Congress that had assembled.
Mr.. Bromwell, of Illinois, suggested that, II the
law under which this Congress assembled was un.
constitutional II could not be remedied by finding
fault with II, and II would therefore be better to
organize truce and consider the law afterwards.
| There were but six States absent.
Mr.. Brooks said Mr. Bromwell was mistaken.
There seventeen States absent, for be under
| stood that the representative from Nebraska
not here and yet twenty States propose to proceed
| to the organization Of the House. Tho organiLa.
tion Is, Of all things one Of the most important
movements, for 1t involves the appointment Of
mittees and the arrangement Of all the machinery
for the government of the House. Especially is Il
important that all the States should at this time
take part In this question: for IL the papers are to
| be believed q movement Is to be made toward i'm
| peachment and the Speaker Of the House will have
| the formation Of the committees to conduct that
impeachment. Of all steps this is the most i'm.
| portant, and the Democratic members therefore
protested against any further steps until all States
| are represented.
Mr. Brooks then read a protest naming the States
that are not represented, including the Southern
States naming also such Of the excluded States as
were Of the old thirteen and giving the number Of
representatives to which each State was declared
entitled under the last Apportionment and con.
cludes as follows: "We, members elected to the
Forteth Congress, enter our most solemn protest
against any and all acts tending to the organization
| Of the House Of Representatives of the Fortieth
Congress until all the States are represented"
The protest was signed by all the Democratic
members, and Mr.. Brooks asked that 1t might be
spread upon the Journal,
Mr.. Williams, of Pennsylvania, and others OBJ.
jectod.
Tho Clerk declined to entertain the paper Of
fered any motion that did not affect the organ-
ration of tho House.
Mr. Wilson, of Iowa. said he did not propose to
make any extended remarks, and would only say
that the Congress had assembled by authority Of
law. Tho gentleman Mr.. Brooksl seemed to for
get that for four years ten of the States had waged
fearful war against the Union, but the people
had not forgotten that fact nor had their repre-.
sentatives forgotten 1t. This Is not IN extra ses-
sion but the first regular session Of the Fortieth
| Congress, and he would therefore move that the
House proceed at once to the election of a Speaker
Tho motion was agreed to.
Mr.. Wilson then said he would place in nomina-
tiOn for the Office Of Speaker of the House Schuyler
ColfaX, Of Indiana, Applause, and in doing so he
believed the nomination commended by every
gentleman Of the organization with whom he acted
and he was so far believed to be the proper man
that no caucus was deemed necessary.
Mr. Nicholson Of Del said as 1t seemed tho
House determined to proceed with the organi-
zation, he would nominate Hon. S. S. Marshall Of
| Ill, as candidate for Speaker.
The Clerk appointed as tellers Messrs. Banks
Eldrdge, Paine, and Boyer, and the House pro-.
ceeded to vote ViUa for Speaker, and after all
tho votes had been pollsd, the teers announced
that l57 votes had been polled Necessary TO a
choice, 70. Mr. ColGAx had received 1877 votes and
Mr.. Marshall 80, and the former was therefore de.
clared elected Speaker.
The announcement was greeted with applause.
The Clerk designated Messrs. Marshall and Pome.
roy to escort the Speaker to the chair which being
done, the Speaker spoke as follows
GENTLEMEN: Elected for the third time to this
responsible and trying position, appreciate more
than ever before the inheritance Of this trust, and
realize more than when first entering on its diff.
cult duties the absolute necessity of your confidence
and support Nor do l overrate the gravity of our
position as American legislators.
''The years have mover dropped their sands
On mortal issues vast and grand
As ours to. day
A nation decmated by conflict Of fratrcidal
strife-a laEd desolated by the destructive march
Of hostile armes-a people with the fruits Of pro.
longed war ripened into the gloomy harvests of
hearts dead with the bullet, we'll as hearts heavy
with bereavement and broken with anguish-lOOk
anxiousy from the North and South alike to this