The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-09-22

House had passed resolution was equivalent to the
House having sent message to the Senate that
permitted TO remind the Senator that 1t was unusual
and somewhat novel for a senator to inform them
now another body was constituted.
Mr. YATES (rep.) OF Ill., who had come into the
chamber during the debate, desired to have his
name entered as being presentwhen the roll was
Mr.. PoMERoY, rep.) of Kansas asked whether that
could be DONE the Senator not having been present
The PREsIDENT remarked that the name could not
be entered on the list Of those who responded to
their names; but he understood the Senator to ask
that his name be recorded as being present to-day.
and there could be no objection to that.
n Mr. McCreery DEM Of Ky also IN
democratic Senators present.
The resolution from the House was again read,
when Mr.. SUMNER called for vote on his motion TO
concur.
Mr. BucKALEw said he was in favor Of having
everything done decently and in order and was OPP
duct Of this government Therefore he had no hest
tation In responding to his name when the roll was
have made no difference in thu eventual result upon
organization. The Senate had regular record
made gp for history showing Its organization TO-
tives whether they were also properly organ
izedS 1t seemed TO him little surprising that
any member OF the Senate should have an objection
to his resolution, having stated, when he offered it,
that of his own knowledge, derived from member
not present to-day The Clerk brought to the Senate
resolution purporting to be adopted by the
House. but the Senate had had no notice that q
quorum had passed II. The fact was not so. 1t had
been said that the Senate must receive this resolu-
ton from the House as evidence TO show that the
House is properly constituted tor the transaction OF
business. This presumption might be accepted In
the absence OF other information but the Senate
had other information, and should not confne itself
to mere technical presumption. This government
ought not to be conducted on false presumption
against the actual knowledge Of those entrusted with
MIR. ANTHONY said 1t seemed to him that the
Senator from pennsylvania proceeded on the CRY
from this was merely an adjourned session or the
fOrtieth Congress. twas known that Onehaf Of the
business OF Congress was transacted without quo
rum. What would the Senators think II during
session Of Congress the House should send to them
message asking whether there was quorum In
that bodyS He thought though he did not attribute
| that it would be considered impertinent. With
equal propriety they might ask whether the Speaker
had taken his oath and whether members had beer
admitted to their seats without the proper quaifca
lions. He was quite sure such Q message
sent the Senate q resolution. II the House passed
It when q quorum was not present that was the
fault OF the House and not OF the Senate. Very i'm
pOrtant bills had been passed when O quorum wal
not present. He had known Indian treaties negO
tiated when only three members were present.
MI. PoMERoY, interrupting him, said, not nego
Mr.. ANrHoNY-Yes, ratified. I am not sure the!
were negotiated when they were In charge Of th'
Senator from Kansas. (Laughter.)
Mr.. BUCKALEw said the House met, and the reso
luton OF adjournment was passed, shortly ate
tanned that quorum was not present.
Mr.. ANTHONY replied that when resolution or
bill was passed by the House. and Immediately ate
| 1t was ascertaned that no quorum was present. tn
Senate never inquired whether a quorum wa
present at the preceding business.
Mr.. BUCKALEw repeated that the House paSSet
| the resolution without quorum.
Mr.. ANTHONY replied the House thought it wa
that bodys own business, and 1t could send bacl
| Tor the resolution.
Mr.. BUCKALEw added and in the meantime the
Senate can concur in that resolution and adjourn
Mr.. EDMUNDS agreed with the Senator from Rhode
Island that 1t would be discOurteous and mperti
nent for the Senate to inquire into the organization
or the House. His friend from Pennsylvania assert
ed that he had personal information that no quorum
was present when the resolution passed by the
House, on the ground that somebody said that on
call OF the roll Immediately aterward no quorum
voted But the fair presumption that quorum
was present when the resolution was passed. and
that some OF the members went away. His friend
jumped at the conclusion that the House was with
out quorum when the resolution was passed be
cause there was 10 quorum afterward or now.
The resolution was then concurred in, when the
presidents declared the Senate adjourned until the
10Th Of october.
Mr.. EDMUNDs-We had better inform the House
that we have concurred in the resolution before
adjourn.
The Senators then separated. Many OF them will
leave Washington this evening for their homes.