Evening star. [volume] (Washington, D.C.) 1854-1972, 1868-06-30
F0RfIETH CONGRESS.
This Afternoons Proceedings,
TUESDAY, June %.


TUESDAY, June %.
SkNATI-Tne Chair presented q resolutio,
from the Reconstruction Convention of Te.as
wallis in that State. Referred TO Commit,.p ~, =,
Military Affairs.
Mr.. Howe presented the resolutions of IN
legislature OF Florida, rstifying the l2th an,
18TH amendments to the Constitution
Mr.. Howe also presented the credentials n
Thos w. Osborn, elected by legislature o
Florida to the United States Senate for IN.
term expiring March 4. Is1S
MI. Howe asked that the Senator elect N
sworn IN, and the Chair replied that If Their
was no objection the Senator elect would com,
Mr.. Fessenden said ne was NO, ,v,ra q, IN.
facts set forth in the different communication
and suggested their reference TO the Judiciary
Committee.
Mr. Drake called for the reading of the reso
Unions, and they were read by the Secretary
Mr.. Drake proposed the resolutions shonld
be referred 10 the Judiciary Committee for an
examination, and that the Senator elect should
admit the ult of that ratification
Mr.. Fessenden was not aware that the rati
hcation OF thee Amendments had been don,
according TO Law, and therefore thought II bes
Tor an examination.
Mr.. Howard did not like the language I'm
which the resolutions Were couched, and
called the attention of the Judiciary Commits,
10 III. for the purpose OF ascertaining whether i,
had been according TO the form prescribed.
MI. Ferry suggested that the credentials he
laid upon the table, and the resolutions alons
eferred to tue committee.
Mr.. Drake wanted the credentials also re.
ferred. The law OF Congress prescribed thar
the two houses OF a legislature should first
vote separately for Senator, but il appears
that the two houses met m Joint con VENT Al
once and proceeded to the election, and be
wanted this inc ulred into.
MI Pomeroy said the language of the cre-
Dental showed that the Legislature proceedad
10 vote In convention at first He had, how
ever, no objection to the reference, but be did
fria a A..
new States as they Were presenting them
selves.
Mr.. Drake had not made the suggestion i'm
any unfrlendly spirit.
Mr.. Wilson explained that the two Houses
had voted separately on the first day, and there
was no choice, and then they had gone into
lOlnt convention.
Mr.. Howard thought the election ,or Senator'S
in the rebel 5 ates had been under the recon-
struction acts, and he did not think that they
were bound by the statute of 1856 relative 10
the election OF Senator's. He was not troubled
about the form of the credentials, bat as 10 the
language OF the resolutions. The Legislature
of Florida do not say that they ratify the
amendments, but that they adopt them. Ii NAV
oe tnat the WORDS mean The same thing, but he
wanted an expression Of opinion on the SUBJ
ject.
Mr.. Sumner thought adopt would answer
Just as well as ratify.
Mr.. Trumbull saw no use IN referring tho
matter to the Judiciary. The resolutions and
Credentials properly authenticated were hera
In due form, and he saw nothing IN the world
10 1e gained by reference Of the papers.
Mr., Drake did not believe that these amend-
ments were legally ratified, and iniimated his
belief that there was some design in the use of
the word "adOption." Several of the rebel
States mad used the same term: and il might hs
that after they got their Senators and Repre-
sentatives in here they might turn around and
swear they had never ratified the amendment
and as the duty Of proclaiming the ratification
OF the amendments had been most unaccount
ably left to the Secretary of State, that func.
uonary might take sides W tn them.
MIR. Morton contended that ..ratify' was not
technical term, and that ssadopt" in this in
stance meant exactly the same thing
Mr.. Doolittle sent TO the desk and asked for
the reading OF paper signed by David =
Walker, Governor Of Florida, TO which Mr.
Howe objected.
MIR. Hendricks would vote for the reference
OF these credentials, bpt not for any of the
reasons yet set forth, but for the same reasons
thai he advocated the reference Of the creden.
tals OF the Arkansas Senators. He did not be.
lieve that Congress had any right to saw tina,
before State was admitted to represeptation
1t should OF should not ratify a Constitutional
amendment. II had no more right To do This
that 10 say they should not be represented al
all. The credentials OF this person Were much
more pret ise than any that had ever come here
before. The Governor certifies that he has been
a resident Of Florida for two years. and he
INT. h. was glad to find by this that
he was not one Of those adventures VINO had
gone dowr there 10 fatten on those people, He
SnOuiu NOoF buc reference 10 De consistent
not that he thought there was any use Congress
had assumed TO amend the Constitution of
these states, and why not bring in q resolution
that ''adopt' meant ''ratify." That was the
easiest way to do IL The Senate had settled
all this in the case Of Arkansas, il hat DECIDED
that the Legislature, which they did not recog.
nize at the time, had the night to elect Senators
and TO ratify Constitutional amendments and
Of course the Judiciary Committee could NOT
rev erse the action Of the Senate.
Mr.. Edmunds said the Senator must be max.
ing Fourth Of July speech, and denied that
me senate had decided any such thing as the
Mr.. johnson held that s.adopt- was syuonv.
nous with '.raufy' in this case, and referring
to the decision Of the Senate in prescribing the
conoiflons OF admission, and as those coudi-
uons had been complied with, he saw no OBJ
Jecton TO the present admission Of the Senator
elect.
Mr Doolittle said the paper which no h.,
presented from Lyman Walker was the ere.
dentials OF Hon. VIM. Marvin as Senator and
II the other Credentials were referred, he want
ed Mr.. Marvin's credentials referred with
them.
Mr. Trumbull thought Senators were making
an effort TO hunt up some excuses for the refer
ence.
Mr.. Drake repelled the idea Of hunting mn
any reason. He wanted TO see that the man-
dates OF the Constitution were complied with
be mad done ms duty, and now if the Senate
chose 10 60 it blind he could not help IT,
Mr.. Davis expressed his surprise at hearing
any allusion 10 the Constitution on the other
side Of the chamber. They had SO long ignored
the Constitution that il was scarcely worth
while for them TO talk about il now Ii might
serve to amuse the country, but as the farce
had been going on for AN hour or more, he
thouRht II was time to stop II. II this man
suited them, let him be sworn in: if he did nor
just swop him on for somebody that did he
begged Senators to talk no more abut the Con-
stiiution.
The credentials Of Mr.. Marvin, as presented
by Mr.. Doolittle were then ordered to be read
by vote Of the Senate, and a motion of Mr-
Doolittle TO refer them with the other credrn.
tials was lost.
The motion 10 refer the credeH tials of Mr.
Osborn was then relected-ayes, 10, nays 40
Mr.. Drake again called for the reading of the
resolutions of ratification, and then stated thai
there was departure from the original ian.
guage OF the amendment, and who knew hut
that il might be personal.
Mr.. Morton argued that there WAS no diffsr
ence in substance.
The debate was further confined at great
length, when Mr. Drake moved to Law the cre
denuais OF Mr.. Osborn on the table, and 10
refer the resolutions of ratification to the Com
mittee ON the Judiciary, but after further de-
bate. changed his motion to postpone the whole
subject until tomorrow, which was reected-
yeas I3, nays 81. The question then occurred
on the motion of Mr.. Howe, that the Senator
be admitted to his seat, when IL was decided in
the amrmative-ayes 80. nays6.
Mr.. Osborn then came forward and was
sworn in.
HOUSE or RRPREsENTATIvRe.-Mr Cake
pal from Committee on Printing, reported a
number Of resolutions, which were seyeralIy