The New York herald., 1869-02-13
be I'm conflict with the proviuions Of this &C. arc hereby re-

be CONFLICT pfovaons VI ncfety
peaed.
Mr. PIKE, from the Committee on Naval Affairs
eported a bill to pay Richard NJ Green for the use
OF his patent by the government. feferred 10 the
Committee Of the Whole. private calendar; l vs,.
80 PSI for difference In the cost Of crucioles iar-
nisned TO the New York Navy Yard. Passed:
Mr.. BLAIRE, trep) OF Mich, from the Committee on
Foreign Affairs, reported a bill directing United
States agents 10 examine the claim OF Knott Co.,
American merchants, trading and doing business ~
China. against the Chinese government Tor loss OF
caused by the capture and robbery OF the Neya
1885,. and II found to be just to cause its payment
The morning hour having expired while the report
was being read the bill went over till the morning
Mr.. GurIER's RESOLUTION or PROTEST.
The House then at two O'Clock, resumed the con-
sderation OF Mr. Buffers privileged question pro-
orders Of the President OF the Senate pro tenn. in
counting the vote OF Georgia In obedience TO the
order Of the Senate only and IN dissolvng tne ioint
convention OF the two houses at his own VIII, as an
invasion OF the rights and privileges OF the House.
Mr. Dawes, OF Mass, occupied the chair as Speaker
pro tenn.
Mr.. BENTON, rep.) Of N. H., having three minutes
allowed him, proceeded TO conclude the remarks
when ne nad commenced at the close OF yesterdays
morning session IN advocacy OF the resolution.
Mr.. WOODBRIDGE, (rep) Of Vt. having eight
minutes allowed him. argued that in counting the
electoral votes the House OF Representatives was
not mere cipher; but mad rights TO sustain and
duties to performs; and also that the decision OF the
presiding officer was correct IN ordering the tel!ers
10 proceed with the count.
Mr., LOGAN rep.) OF ILL.,. said he should not at
tempt to go over the questions discussed by the
various gentlemen who had preceded him IN the de-
BATE He was IN favor OF having the rule governing the
count OF the electoral votes made clear andhstnct
He was opposed TO the adoption Of the resolution,
because he held that there was no intentional viola
tton Of the rule on the part OF the presiding officer.
He agreed with Mr.. Woodbridge that the error
mitted by the presiding oicer was IN receiving the
objections OF the gentleman from Massachusetts In
the first place. lie would vote for any resolu-
ton that would contain the slightest sting or renec-
ton the brave and patriotic Senator from Ohio.
and he purposed submitting resolution To lay II on
the table. SO far as the conduct which had been
characterized as dlsgraceful was concerned, he had
naught to say. lie was sorry 10 witness the scene;
II was an exciting moment. There might be some
excuse paliation for OF the conduct tnat
witnessed. He did not participate In It, nor
did he sympathize with either side then nor
did he now VINO was y that the House
was asked TO censure? man sixty-nine years OF
age, the presiding officer OF the Senate the presid
ing oIilcer Of the Joint convention, a man who has
been thirty years In harness. man who stood In
the vanguard, the Old captain Of the Legion OF Lib
erty, on whose head Heaven has showered the
bouquets Of It's sunshine who stands to-day as the
great living monument Of this great age. The
House was asked 10 inflict sting upon that man be-
cause he had accidentally done wrong. Were mem
beFs reaoy to do that? We're they ready TO assign
10 ignominy man who had been born patriot,
had lived patriot and would die patriots Moth
Ing would give hum greater satisfaction .nan m to
lleve there was man in the House who could put
his hand on his heart and say that he was ready TO
censure Ben Wade IN the idea that he had acted
from any improper motive.
Mr.. BUTLER. (rep.) OF Mass never did say that.
i never shall.
MIR. LoGAN-Hence l say that ] should prefer to
see the resolution withdrawn
Mr.. BUrLER--I never have believed, and | do not
now believe that BenWade ever meant 10 do or ever
had done an intentional wrong; but do believe that
the privileges Of the House have been invaded.
That question has been discussed Il Is necessary to
have legislation SO tnat this will never happen
again. Waving all pride OF opinion and with dis
tlnct enunciation that never nave censured Ben
Wade or meant to censure him Tor any Intentional
act Of his but that his act acting under the Senate
acting under whatever influence he was, was an In
vason OF the privileges OF the House am ready to
withdraw the resolution and accept substitute
suggested by the gentleman from New York; Mr..
Kelsey.
Mr.. Kelsey's amendment was read, as follows:--
Resolved That the subject of the Of the join,
rules the OF the two FOR counting
the electoral votes for President and Vice President be
iered 10 select committee OF i've with power to report BY
bill or otherwise.
Messrs PRuYN, (dem.l Of \. Y, and MULLINS, trep)
Of Tenn had other substitutes which they desired to
offer; but Mr.. Logan declined to yield for that pur
pose.
OF order that the substitute did not present priv
legged question, and tat 1t was not germane TO the
original resolution.
The SPEAKER pro tenn. (Mr. .SDawes) overrued the
point OF order.
Mr.. FARMS WORTH appealed from the decision OF
Mr. KELLEY, (rep.) OF Pa, moved to lay the appeal
on the table. The motion was agreed to-yeas l3l,
nays 30.
discussion of the subject would keep up disturbing
clement IN the House. He had concluded that the
discussion ard the excitement should cease lie be-
lieved that the proper way TO arrive at that result
was to have the resolutions and amendment laid on
the table resolution might then be offered and
the idea OF censure but looking merely 20 an amend
ment OF the rule governing the c0ur ing OF electoral
votes. He therefore moved to lay the whole subject
on tie table.
The motion was agreed to-yeas 100, nays IS, as
follows:-
YEAs-Messrs. Allison, Ames. Ashley Of Ohio Baker,
Barnes, Barnum. Beaman, Beatty Beck Benjamin, Bng-
ham, saise B1wen Boyden BSye Bro2naa Bassiana
churchi, Clarke Of Ohio Cobb. Cobarn cornell, Dawes
n1sS ss s
ss Hfa :s 4 ss a
iss Knott Ky ssSs,. ss f.s h.ss tsssaes d f'fFs F
e Ohio L@c2n LOsR as
Morrel Xewcoms, Newsham Niback, Nicholson, korris,
fs lsnss Roand Possy Pomeroy Price Pran san
DALI Ranm Robertson. seoasd sheabarg smith,
Thomas Twehe Epson Van Asrnam j ySn % Aqssn Van
or Mass wilson wilson Ohio wood
bridge. woodward and the spesker.iso -,
BANKS Benton, boai%s f Bnomac Butler q Mass. Glars,
Hds ridge tSaig o S dr as
YER Haght, Hamilton, Hjsey Ingerso Jones, cf Ky, Ju
masss Nun ssif ie PIKE nes koo
sisvens s,Over I%bs Q, ssns rrowSrase g a.,
wh,temore-5s. ~' ''
A motion to reconsider was made and laid on the
table, which closed the matter.
THE AIR LINE RAILROAD.
The next business taken up was the oil 20 author
ize the building Of military and postal railrood
on Its passage. The bill was passedyeas loo, nays
5t-as follows:-
yrAs--Messrs Ashley Of New, Ashley Of Ohio, Banks.
Barnes Beatty, Bcsman, Benton Bingham, Blaine, Bare,
Boutwell, Bromwe Buckand, Buckley Cake, Gales Clark
OF Kas Cd Cobb, Coburn Corley Cornell Covode, Culom
Dcweesc, Dockery Donney, briggs Ecklev Edwards Ella
Eg Mass soa q oi. ak ss as,,a rsy
Highly Hopkins, Hoichkss, Ineersoll Jcnckss Jones
of N. O.. Judd, Julian, Kelsey, Lash, Lawrence
OF Pa, Lawrence o. Ohio, Logan, Lynch, Mallory,
Mccarthy. Mckee, Miller, Moorhead. morrill, Mullins,
Newconb, Norris Num-, Orth, Paine Pants Perhan, Pet
us, Pierce Pike, Pile PoIsley Kanm. Sawyer, scofed,
Shak sheabarser Stark weather. Stokes Sover, Sypher
Tmble OF Tenn. upson, ySn Aernam Van Horn OF Mo-
Vidal, Ward Mashburn OF Wis, Washburn Of Ind Weker.
Williams of Pa Williams of Ind, Wilson OF Ohio, Wilson Of
Pa and wndom-q9
n-tl.