Evening star. [volume] (Washington, D.C.) 1854-1972, 1868-03-26
FORTIETH CONGRESS.
This Afternoons Proceedings,
THURSDAY, March %.

SENArr.-The Chair presented memorial and
protest Of the Legislature of Kentucky against
the nag grant wrong in f1icted upon that State by
refusal 10 admit 20 their seats in the House. tue
Representatives firm that State, who possess all
quaiincauens required by the Constitute
Laid on The table.
Mr.. Chandler, from the Committee on Com
merce, reported the bill TO amend the act 10 me-
vent and punish frauds on the revenue
Mr. Irombull introduced a bill in relation TO
the qualifications of persons. Referred 20 the
Committee on tae judiciary.
AT l. rs p. m. on motion of Mr. Sumner, the
Senate went into Executive session.
At 1l5 p. m. the doors were reopened.
Inc message of the President returning the
Dill relative 10 appeals TO the Supreme Court,
with his OF Bectiens thereto, was taken up
Mr.. Hendricks said the effect Of the legisla-
uon which the second section of thls act pro-
posed TO repeal, was to give any citizen Of the
United States the right OF hdIeds corpus. Win
out reference to any particular case or any
particular purpose to be subserved, why take
away from any citizen the right 10 appeal to
the Supreme Court from the Circuit Court
when the question is whether he shall be re-
STRAPPED from his liberty contrary TO the Con-
sutution Of the United States. In questions
Wnere not only mans liberty ut even has
lie are lnyoled, why should he not have the
right TO appeal to the Supreme Court. The for
eigner is given the right to appeal to the Su
preme Court where his liberty is concerned
and here it is proposed TO deny il TO the citi-
zen The Senator from Nevada Mr.. Stewart)
gave as a reason why this bill should pass that
the supreme Court was becoming crowded,
ana wher ne Mr.. ii had questioned him on
the subject he was compelled to admit that there
was but one case, the McArdle case before the
court. The citizen appealing for his life or lib
Special legislation has to be interposed TO lake
out OF the Supreme Court the single case Of this
kind now before it.
At this point Mr.. Hendricks gave way to
Mr. sherman, who moved to take up the bill
TO exempt certain manu- factures from internal
tax, as returned by the House.
On motion Of Mr.. Sherman, the Senate insist
ed on Its amendments, and asked for a commit
tee OF conference.
Mr.. Hendricks then resumed his argument.
and maintained that the only object of this
second section was to reach the McCardle case
McCardle, for commenting in his paper the acts
OF military officers, was arrested by order of
the Milityry Commander, and by decision of
the Circuit Court of Mississippi the writ of
manded 10 military custody. From this de-
clsion McCardle appealed TO the Supreme
Court, which had already decided that military
tribunals had no right TO arrest and try a cIti-
zen in time of peace.
The Chair announced the Committee of Con.
ference on the Manufacturers bill as M-ssrs
Sherman, Williams and Morgan.
HOUSE OF REPREsENTATIvEs-M Latin,
IN. W from Committee on Printing, reported
resolution 10 print 1880 copies of the report
country.
Mr.. Washburne (In.) objected, and demand.
ed the regular order.
The regular order being the consideration of
Mr.. Prices demand for the previous question
on the motion TO refer the bill appointing a
commissioner to fix tariff of rates for the Pa
cific Railroad, the Speaker announced that that
question would be taken mp.
Mr.. Washburne appealed TO Mr.. Price TO
withdraw his demand. He did not think il
just that the friends of the Pacific road should
attempt TO stifle debate upon this important
question.
Mr.. Price denied having any disposition to
stifie debate.
Mr. Highly (Cal) said that in some remarks
that had be, n made a few days ago when this
subject Was first up. the gentleman from Wis
consn, (Mr. Washburne> reflected upon tue
Pacific Railroad Committee, and insisted that
that Committee was Eot disposed 10 consider
this proposition. He repelled any such insin-
uation, and would say that the Committee
would at the proper time report
Mr.. Farnsworth (Ill.) suggested that if the
House set for business Satu rday, there
would then be but three working DAYS for some
time. He was therefore in favor OF referring
this matter and going on with other business
Mr.. Washburne (Ill.) did not think any tune
would be gained by sending the matter TO the
committee.
Mr.. Price insisted upon his demand for the
Mr.. washburne demanded call OF the
House.
A rising vote was taken, and the motion de-
Mr.. Washburne (Ill) demanded tellers,
which were ordered, and vote was taken with
similar result.
Mr. Washburne followed this up with an
other dilatory proceeding, and demanded the
yeas and nays upon ordering a call of the
House; and the House again refused by a vote
of ~ yeas to % nays.
Mr.. Price then demanded the previous q ues-
hon on his motion to refer; and the demand
was seconded by vote of 63 TO 81
The question then recurring upon ordering
the main question, Mr.. Washburne (Ill.) de-
manded the yeas and nays, and the main ques-
ton was ordered-yeas IS, nays 81.
Mr.. Washburne then deman ded the yeas and
nays upon the motion to refer to the Pacific
Railroad Committee.
The motion was agreed to-yeas 50, nays 80.
The House then resumed the consideration OF
the resolution, first reported from the Commit
tee on Printing, 10 print 500 copies Of j. Ross
Brownies report.
Mr.. Lafiin advocated the adoption of the res
olutIoD, and paid a great compliment TO Mr..
Browne for the manner in which he had pre-
pared the report.
Mr.. Cavsnaugh (Montana) opposed the print
ing OF the report, giving as a reason therefor
that in the report which ii was now proposed
to print facts were not truly set forth. He
charged that IL was a tissue of mIsrepresenta-
tions of Montana and other Territories would
be testified to by any gentleman from the Ter
ritonss.
Mr.. Lafiin contended that the report was
correct, and that the objection to IL was because
Mr.. Browne had not paid enough attention TO
certain particular names, and individual in
terests.
Mr. Ashley (Nevada) said the objection that
came from the delegates from Montana aud
Idaho were the result OF the fact that Mr.
Browne had not been as laudatory of Montana
and Idaho as the gentlemen referred 10 thought
he should have been. He charged that the
gentlemen from Montana and Idaho had gone
TO Mr.. Brownies room and told him about the
gold yield Of their Territories, and Mr.. Browne
said he could not take the gentlemen's state
ments alone, but proof must be adduced.
Mr.. Cayanaugh denied that such was the
fact.
Mr.. Ashley said that Notwithstanding the de-
nial Mr. Brown had said so.
Mr.. Holbrook (ldaho) said he did not wish
tins proposed report to 60 out unless il was ac-
companied with the statement that the re-
sources of Idaho had not been properly repre-
sented in the report.
After discussion by Messrs. Axtell and Higby
Of California, the resolution as originally re-
ported was adopted.
The House took mp and agreed to the report of
the Conference Comm ittee on the disagreeine
votes OF the two Houses upon the bill for the
relief Of Greenhouse Kelley, mail contractors
The Speaker laid before the House the fol-
lowing Executive communications, which Were
referred to the Committees named:
From the President Of the United States. en-.
closing q communication from Mr. (yovdin
commissioner TO the Paris Exposition In rela,
ton to the manufacture Of silk Referred 10
Committee on Foreign Affairs
From the Secretary OF the Treasury in an
swer to resolution of March I'D, transmitting
In detail the reasons why the Commissioner OF
Internal Revenue asked for the removal OF
II Inns m, of H.