Evening star. [volume] (Washington, D.C.) 1854-1972, 1869-02-11
FORTIETH CONGRESS.
This AiteFneon's Proceedings.
THURSDAY, Februarv I,


Columbia and the Territories Referred To
Z, mmlttee on the DisirIc; of Columaia
Mr. Ramsey, from the Commrt.e on Pos
8mces U ana hosds, reported fsvo-thiy IN
mouse bill TO construci a bridg- oyeT Fast
river, from New York TO BROOKLYN
Mr.. Morgan sand the Commitrs.a On C,-,
merce had charge of this bill, aud would rep srt
on II, and he moved 10 ms e. ths rapo., rom
the Committee on Commerce The bill. with
anne ndments.
Mr.. Frelinghuysen, from rae Committee on
the judiciary, a. ked 10 oe discharged from th.
fuTther consideration OF tho inquiry as %
VINE ther Any legislation - necessary % prevent
the discharge OF criminals In Y Nlrgtuia on tie
ground thst VI Il not expedI-ur to inter!sra b.
ietlslauon with the special aJJudi cations of a
court.
Mr.. .Conkling resent, d memorial of the New
1 fork ohamber of Commerce. ASKING the pas
sage OF the bill now pending IN the senate nro-
hlbilng thr secret sales OF gold.
Mr. Wilson. from COMMITTEE on Military
AnaIs, reported bill To amend the acr p-c.
wang rules and regulations TOR the govern
Mr.. Nye, from the Committee on The District
OF COLUMBIA, asked 10 be discharged FROM th,.
TURNER consideration of the blli 20 incorp,rata
tDe rational LosD aIo TrUst 4 tnpsnv
MT. DAVIS offered concurr-ltF r-soIution
mat the noisy, disorderly, aud urnaItuous con-
nuct OF Benjamin +. Butler. of Mass chrts sets
ana other Representative acting with h,ro in
the Representative Hail on rbe ,G;h -. Fabrr
ary inst, during the time the Pes tdrtt Of the
senate, In the presence OF The senate tud Hous.
4 fas
OF eiectors for President and VICE Pres ldent OF
tne United States from the several STAGES, and
said votes were being counted. whereby said
business was disturbed and INSTRUCTED, is dis
Ieputanie TO the SAID Benz. +. Butler and the
other Representatives acting with him and a
wrong and insult 10 the people OF the United
States.
Objection was made by Mr. Ferry. and the
resolunon went over under tn. rule
MT TTumoull called up the bill TO provide
TOT the execution OF judgments in capital cases
winch WAS passed.
Mr.. Anthony called up the bill to provide for
the medical and surgical history of the rebellion,
ana, IN reply to a question OF Mr. COnkIirg
stated mat be though the cost OF publication
would be about $3.50, 200.
Mr. Conkling was not disposed, in the pres
ent state OF the finances, to favor the exprndi-
ture OF SO large a sum Of money for this pur-
pose.
After further discussion, the resolu ion vyas
recommitted.
Mr.. Cragin called up the bill to authorize the
issue OF $40 bond Of the denomination a,
S1,tOO TO Henry T.. Noyes, OF Claremont N u
The circumstances OF the case. as brough, ont
appear that $1,000 500 bond belonging to said
Noyes was buried by him IN a TIN box beneath
ms mouse, and that the contact with the damn
earth had the effect TO destroy il. and the parry
asks the issue to him of bond of similar
amount and denomination.
Mr.. Cragin stated that be carried the fra y
men's OF the bond, probably one thousand in
NUMBER, TO the Secretary OF the Treasury, but
mat Official had informed him that ne had no
o..
must be made TO Congress
Mr Sherman thought the Senate had better
pause before passing such a bill, as the num-
oer oi me bond was not even definitely known.
MI. Cragln had no doubt IL was ali right
The affidavit OF the woman had been made as
te the number of the bond
The bill was then passed
On motion of Mr.. Chandler. il was ordered
that a recess be taken from TO :. aud that the
evening session be for the purpose of consider
ing bills reported from the Committee on Com
merce.
Mr.. Sherman called up the bill IN reiarion 10
the public debt and the currency, upon which
Mr.. ConkLng took the floor.
HoUsE-The Speaker stated that the first
business in order was the unfinished business
OF yesterday, the privileged resolution of the
gentleman from Massachusetts, (Mr ButIer,)
on which
Mr.. Shellabarger (Ohio) had the floor. He
said IT was not wonderful that the House had
fallen into doubt IN this matter; 50 new. SO un-
Defined in the Constitution, ana so lacking in
precedent. In considering the resolution he
would assume that the twenty-second rule
and the concurrent resolution relative to
Georgia were both unconstitutional. This
ne understood to be the position of the
gentleman from Massachusetts, (Mr ButlerD
He would now call the attention OF the House
10 the fact that the Constitution prescubes the
manner OF choosing the electors. second that
Congress has the power to fix the manner of
counting the electoral vote The Constitution
requires that the day of voting in the several
States snail be the same. He then revie wed
the legislation OF Congress relative to the
provisions OF the Constitution on the sub
lect OF the election o. the President and
vice President of the United States Toe
difhculty was IN the Constitution ITSELF
1t was an element of weakness and danger in
the very framework of the Government. In
support OF this he read from Story's commentary
on the constitution. The express proposition
OF the Constitution is that the electoral vote
must be counted by the President of the Senate
The next proposition was that the two Houses
must be present. Ii was q present make IN of
three constituents, a President of the Senate
tie senate, and the House OF Representatives.
he President OF the Senate cannot refuse to
count Thus Tar there is room for no debate or
doubt The conclusion is that there can be no
authority for counting by the House sepa-
rately. Any resolution authorizing this cannot
be law, no matter which branch passes H.
Buffers resolution denounced the President OF
the Senate for refusing TO do what For re-
fusing to permit the House to decidc for itself
independently OF the Senate, who should and
who should not be President The gentleman
from Massachusetts (Mr. Butler) had de-
wanted the House to do.
Mr.. Butler Mass. } interrupted to say, tSup-
pose the House had retired and left the Senate
10 count the votes p
Mr.. Shellabarger (Ohio) resuming said the
gentleman was supposing what could not ex-
lst, except in case OF unmitiga gated revolution
~ II was inquired why the House voted yes
terday on the proposition As to whether the
vote OF Georgia should be counted when II was
unconstitutional to do so, he would answer
tnat the Joint rule LETT nothing else for the
House TO do. He assumed that the concurrent
resolution relative TO Georgia, is not unconsu-
tutional 1t does not require that any vote
shall be rejected. 1t simply requires that if
Georgia should affect the result Georgia shall
be left out But it also has the effect of de.
priving Mr.. Buffers resolution Of all place
upon which il can stand. He then explained
the resolution and showed that IL took all the
point out OF Mr.. Buffers resolution
The Speaker, pro tenn, INT Dawes,) an
nounced as the Committee on the part of the
House, to join a similar Committee on the part
OF the Senate, TO inform the President and Vice
President elect OF their election, Messrs Will
son, of Iowa, and Pruyn, OF New York
Mr.. Thomas (Md.) said that it was his for
tune 80 years ago yesterday, to be named i,
conjunction with gentleman from Tennessee.
lGrundy.) TO count the votes for President and
Vice President Of the United States. A dini-
Guilty similar TO that OF Yesterday sprung up
authoritzng 1t mad proceeded to organize
state government.
They had, among other things, taken some
action relative to the boundary Of Indiana
Congress had taken that action into considera-
tion, and 1t was pending when the Presidential
election occurred. The question arose whether
the vote Of Michigan should be counted. Mr.
similar to the concurrent resolution which had
been passed few days ego. That resolution
was passed By the Senate some OF the ablest
men Of the body voting for II, and only nine
against II, and they were headed by Mr. Cal
houn. He held that Congress had perfect au-
thority under the Constitution.
Mr.. woodward (Pa-) said he was sorry the
gentleman from Massachusetts,, (Mr. Butler)
and the gentleman from Ohio, fMr Shella.
burger,) had not been here the other nieht when