The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-12-08
THE FORTIETH CONGRESS-
Third Session.
SENATE.

WASHINGTON, bee. !, 1865.
The third session Of the Fortieth Congress began
AZ twelve O'Clock to-day.
There were present Senators Anthony, Cameron.
Cattel, Chandler, Conkling. CONFESS Corbet,
Cragn, Davis Dixon, Drake Ednunds Fessenden,
Fowler. Freelnghuysen. Grimes, Harlan, Harris,
Hendricks, Howe, Kellogg, McCreery, Morgan,
Morrill, OF Ne, Morrill, OF w. Morton. Norton, Nye
Patterson OF n. H., Patterson OF Tenn, Pomeroy,
Ramsey, Rice, Robertson. Ross, Sherman, Spencer,
Stewart, sumner, Thayer, Trunbuli Van Wrinkle
vickers, Wade, Wiley. Williams, Wilson and Yates.
After PRAYER BY the Chaplain the Senate was for
mally called to order by the President pro te7
ator Wade. who then presented the credentials OF
senator Edmlnde, VI Vermont. which were read.
The PRESIDENT also announced communication
from she Governor OF Georgia which was laid on
tho table.
rHE CREDENTIALS OF SENATOR uliL OF uEoRcrA.
Senator SHERMAN, lrep.l OF ohio presented the
credentials OF senator Hill OF Georgia.
senator DRAKE, srep.l OF Missouri moved to refer
them to the Judiciary Committee. lie understood
that after loyal members OF the Legislature Of
Georgia had been elected under the Reconstruction
laws. the white men Of tina. Legislature had com.
bined aud expelled all the coored members thereby
putting the Legislature under rebel control. If
this were so, he thought the reconstruction OF
Georgia should not be recognized so completely az II
would he by the admission OF the senator eiecl
Tie PRESIDENT said, under the rules OF the senate
there was no committee IN existence yet 10 which TO
refer The credentials
Mr.. SHERMAN hoped that such an unusual course Az
the refcfence Of senator's credentials to commit.
tee would not BIZ taken unless some goo1 reason for 10
should be shown-some reason affecting the status
ol the state or ol the Senator elect No such reason
appeared In the case. The extraordinary ana out
rage0us conduct OF the white members OF the
Georgia Legislature was ~ strongly condemned by
the Senator elect from that state ~ by the senator
from Missouri and he hoped when admitted to do
something to correct that action. Eut In the inean
time he claimed mis- seat az senator elected by u
large majority OF the whole Legislature before the
expulsion or the minority aud as man who had
been loyal all through the war and who was now
prepared to take the oath, and he should not be held
responsible for the conduct Of the majority or tho
Legislature which occurred after his election ana
which he strongly condemned.
Mr.. DRAKE said that Of course ne had no objection
to the gentleman whose credentials had been pre-
senied, but the question as 10 admitting him IN
VOWED the greater question whether the power Of
Congress a reconstructed state ends the mo.
ment that state il recognized by either House re-
stored 10 ner position IN the Union II that ques
ton were to be answered In the Affirmative, then II
would be IN the power Of any state, iiDme.
diatey upon being recognized, - CndD
everything u had done under The Recon.
struction acc, and TO restore rebels 10 power
u was, In hs Judgment, question OF continuing the
power OF Congress over the tate icbehous states 10
secure the great results ~ which the legislation hal
hitherto aimed, and he would give no vote wbiGA
could by Implication deny OF dispute that power.
Mr. IHAIsR, Fepl VI Nevada thought that neither