The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-07-01

the Senator from Indiana Mr Hendrlcks) was making
u a.n % July Grafton, not next 4th, but some other
M. JOHNSON, (dem.l Of Nd, thought the word
iopt' was quite as enectual as the word ''ratify."
prerequisite 10 admission the adoption OF the four
teenth amendment, and therefore saw no present
objection to the immediate swearing In OF the sena-
MI. DooL1rrlE said the paper ofered by him pur
ported to be the credentials Of William Marvin as
MI. TRuMBULL quoted from various old laws to
show that the word adoption" had been used In
this sense synonym for ratification" and said
no good reason had been shown for the reference.
II seemed a hunting after objections.
Mr. DAVIS, tdem.) Of KY, asked jocularly, why
hold the elections or scrutinze the returns or ere
dentiasa Why not If the Senator elect did not suit
them, just declare so, and choose one who did 1t
would be in accordance with the rest OF their legis
The Senate decided-21 to s-to hear the paper pre-
scented by Doottle and 1t read, being to the
effect above stated, and dated November 80, 1868.
EDMUNDs said that while he had no doubts on the
subject Of Technology he would vote to send the
first Of number Of States to present ITSELF and 1t
was well to take every precaution. The motion to
refer was rejected-16 to 80.
Mr.. DRAKE called for the reading or the action OF
the Legislature on the ratification Of the amend
ment, and II was read.
Mr.. DRAKE pointed out various verbal variations
in the documents Of the thirteenth and fourteenth
constitutional amendments, the only one OF which
he claimed TO be OF special importance was the use
Of the word its instead of thephrase protection
OF the law" referring to the denial of equality by the
State.
Mr.. MORTON repeated that on the Senator's own
showing there no objection OF substance to the
immediate admission of The Senator elect. II OF
no consequence that the clerk that had copied the
text of the amendment had made trhng verbal
errors. The Legislature had especially ratified the
amendments such.
Mr.. HOWARD took the same view.
Mr.. EDMUNDs thought the error cited material
one. Under 1t Missouri, with her black code, could
deny to men rights denied by that code.
Mr.. FRELINGHUysEN contended that presumption
OF law Is that when the amendments were adopted
by the State IL was with correct copy Of before
them and that no clerical error In copying 1t could
vitiate the legality OF that act
Mr.. DoOLITTLE was opposed to the swearing in,
maintaining that since March, 1S45, when she was
admitted, Florida has never been out of the Union,
and in 1868 a Senator was consttutlOnally elected,
whose credentials he had presented.
This opened up brief discussion between Messrs
Doolittle Nelson, Howe Anthony and others the
point raised by the former.
Mr.. DRAKE then moved to lay the credentials on
the table and refer the document in regard to the
ratification Of the amendments to the Judiciary Com
mittee.
his motion, first, to laying the credentials on the
table.
Mr.. CoRBETT, (rep.) of Oregon, protesting to have
been convinced by the argument OF the Senator
from Missouri, suggested that he withdraw the mo-
ton, and he Mr. CorbetN would move to reconsider
the motion to refer, having voted in the negative.
Mr.. CONFESS, (rep.) of Cal, raised the point OF
order that motion was pending upon which the
yeas and nays had been ordered, and which must
have precedence.
Mr.. ANTHONY, repD of r. l., then moved to refer
the whole matter to the Judiciary Committee.
Mr.. CONFESS urged the same point with reference
to that, and the CHAIR sustained the point.
Mr.. ANTHONY argued that he had the right to ask
that the pending motion be committed to writing,
and then move to refer it.
After some further remarks on the point Mr.. FIRE.
LINGHUYsEN repeated that he saw no reason for
referring it to the Judiciary Committee. He had
examined the ratfyng resolutions OF four States in
regard 70 these OF New York
found errors Just as substantial in each OF them.
Mr.. DRAKE moved to lay the credentials on the
table.
Several SENAroRs suggested that that would not In
terfere with the swearing In Of the Senators.
Mr.. DRAKE then moved TO postpone the whole sub
Ject until tomorrow, which was rejected-13 to 30
as follows
tie 2rske Edmund Fss.snaen Hendricks McCreey, Nor
NXys-Gss:!s. Cameron, Chandler Cole conklng, Con-
ness Cr.gp Ferry Fssnshuysen, Harlan G Howard Howe
on ru%Sa %sde Whey wsms wilson, and
The question was then taken on the motion to swear
in, and it was decided in the afrmative-33 to O.
Mr. HOWE escorted the Senator elect Mr. A. ".
OSBORNE, up to the President pro tenn, who al.
ministered the OATH and Mr.. Osborne took his seat
on the republican side
THE PUBLIC LIBRARY.
MT. MORGAN, lrep.l OF n. T., rom the Joint Com
directing the Secretary OF the Interior to sell pub
lie auction all surplus books and documents In his
TRANSPORTATION OF MAILS.
Mr. RAMSEY introduced bin in relation to the
companies, which was referred to the Committee
Post Oflces and Post Roads.
THE CIVIL APPROPRIATION BILL
was then taken up. The amendment OF the com.
mttee, striking from the bill the appropriation Of
$4,000 for the care OF sixty transient paupers medi
adopted.
The committee reported an appropriation OF $3.50
for record books ordered for the Office OF the Register
OF Deeds Of the District of Columbia when Edward
@. Eddie was register
Mr. HARLAN, (rep.l Of Iowa, opposed the amend.
the receipts OF the ONCE being about 5000 week.
Congress- had nothing to do with paving for the re-
erty holders should pay 1t themselves.
The amendment was agreed to.
Mr. FEssENDEN offered an amendment TO appro.
pirate $4,000 for heating the rotunda the hall OF the
House OF Representatives and the onices and stair
cases connected Herewith Adopted
Also an amendment appropriatng q, 400 for paint.
ing the eastern front OF the City HAIL Washington;
various Improvements in the same building provided
that the city authorities appropriate equal amount
for the western front. Adopted.
Also an amendment appropriatng $4,000 10 con-
tinue the water mains from street to First street.
Mr. HOWARD, from the Joint Committee on Ord.
nance, reported an amendment to appropriate
for the expenses OF that committee. Adopted
MR.. sHERMANs FUNDING BILL.
his bill from the Committee on Finance known as
the Funding bill as rider to the bills In the form
Mr.. MORRILL,, (rep) of Me-, raised the point OF
order that II was not .germane TO an appropriation
Mr.. PoNER0y, trep) OF Kansas said there was no
SPECIFIC rule OF the Senate the subject but such
amendments were not In harmony with sound par
liamentary laws. He would, however, submit Ii to
the Senate. He stated the question.
Mr.. SHERMAN contended that ordinary paramen-
tary law the rules OF the House were not involved
in this question: but the rules OF the Senate. The
Senate, he claimed, had never attempted 10 place
any such limit upon amendments, and he pointed
out several instances In which amendments not ger
name to bill had yet been placed upon II. Were IL
not for the strong considerations urging the passage
or this measure he would not press Il now
Mr.. HENDRICKS, too, held that this was matter
entirely within the discretion OF the Senate.
Mr.. CoNKLlNG submit ted that such practice ought
not TO prevail Under II any bill before the senate
might be tackled to the Appropriation bill He might
tomorrow, Tor example. move 70 tack on a bill for
the extension OF patent.
The PRESIDENT pro tenn. having resumed the chair