Evening star. [volume] (Washington, D.C.) 1854-1972, 1869-12-21
FORTY-FlRST, CONGRESS.
This Afternoons Proceedings
TUESDAY, December q.

TUESDAY,, december Il.
= SENATE-The Vice President called the
attention Of the Senate to the fact that
vacancy existed among the regents of the
Smithsonian Institute by the death Of Senator
Fessenden.
Mr.. Cragin, from the Committee on Terri
tories, reported with amendments bill to sup
press the crime of polygamy In the territory Of
Mr.. Wilson introduced bill to grant the use of
the store houses in Judiciary Square, Washing
ton, to the Womens Christian Association of
Washington. Referred to the Committee on
Military Affairs.
Mr.. Warner introduced bill to provide for the
more equal distribution of national banking
capital. Referred to Committee on Finance.
MIR. Wilson offered resolution instructing
Committee on District of Columbia to enquire
into the administration Of the School Commis-
siOners in the District OF Columbia, and the con-
dtiOn of public schools in Washington and
Georgetown. Adopted.
The Senate then at 12.35 went into Executive
session, and after remaining therein some time,
the doors were reOpened.
Mr.. Sumner moved to take up the bill relating
to the telegraphic communication between the
United States and foreign countries.
Mr.. Trumbull urged that the bill for the ad-
mission of Virginia be taken up.
Mr.. Thayer thought this of no use, as he was
assured the bin could not pass before the hOi
days. Furthermore he had received informa-
ton from Virginia which was not satisfactory to
him.
Mr.. Trumbul had been assured that if the
senate would pass this bill to-day there was a
probability of the House passing it. This was a
very grave matter of keeping State out of this
UuiOn after it had complied with all the cond-
tions, and If the Senate chose to vote it down
they could do it.
Mr.. Thayer intimated his opinion that there
had been fraud in the Virginia election.
MIR. Howard believed and hoped that Virginia
had faithfully compiled with all the provisions
of the reconstruction acts, but he desired fur
ther time to examine into the matter and be sat
isfied of it.
sion of the Rules, reported without amendment
the House bill to provide for taking the census.
Mr.. COnkling was not altogether satisfied with
the bill, but II something was not done before
the recess the census would have to be taken
under the old law. The committee reported this
bill to be relieved of all responsibility. There
were two important pOints-whether ii should
be divorced from the provision In reference to
appOrtionment, and whether the matter should
be taken out of the hands of the marshals and
new set of officers created. The Senate could
pass joint resolution suspendng the operation
of the last census if it was disposed to put this
MIR. Wilson hoped this bill would be recon-
mitted, as he did not wish it TO pass in its i'm
perfect form.
HOUSE.-Mf. Dawes, from the Committee on
Appropriations, introduced bill making appro-
priation to supply certain deficiencies; which
The bill makes the following appropriations:
For compensation and mileage of the Legisla-
i've Assembly OF tnc OF New Mexico,
and contingent expenses thereof, $4,000.
For publishing the laws in pamphlet form,
and i'm newspapers of the States and Territories
and in TIE city OF Washington, S36,OOO.
The House then resumed the consideration of
the Georgia bill, and Mr.. Potter (N. W made
brief speech, arguing against the constitution
aity OF the bill, and that an amendment to the
constitution thus forced upon the people would
faIl entirely of its desired effect.
MI. voorhees, (Ind.) said he approached the
consideration of this bill with no desire for party
success, but solely with an honest desire to BEN
eht the whole country. He recognized in this
phi the same that was introduced last spring by
the gentleman from Massachusetts, (Mr. But
.1 and which the MSs.e y then % %EsSssd S tS Rass
from some cause or other. The President had
oeen influenced in some way or other to make
Recommendation for legislation on the case OF
georgia He did not know what influence had
been brought to bear upon the mind of the
PRESIDENT, but he was certain that he was not
aware that any new questions had arisen to in
duee or compel this action. He knew OF
nothing that Georgia had done since 1868 The
same facts that exist now existed i'm April
iast. Ihe same causes that require action now
were as operative and imperative i'm April last,
anu IL the House could not see a reason why this
bill should be passed in April, there was no
reason why II should be passed now. The House
had recognized the fact that Georgia was a
State in the Union and had refused to interfere
with her, and yet, although no new crime is
charged, it is proposed now to oyer+arn her State
Mr.. Dawes (Mass) asked Mr. voorhees, If he
would explain the clause of the Constitution with
regard to republican form &c ycverpz.ant for the
states tH t 1t was the de'y :, Congress to gGaran-
ment, and under that clause vas Il not the duty
OF Congress to see that reI Gbi.Can governments
were maintained in the several Safes, and If so
had not Congress perfect -igf to take notice
OF affairs in Georgia.
Voorhees, said the gentleman was estopped
from asking the first question, because only two
years ago he made report in which he declared
that Georgia had complied with all the recon-
structiOn acts, and had adopted a constitution
and State government republican in form. As
to the second question he was also estopped, be-
cause he had last April refused to vote for bill
almost identical with the one now pending, and
had thus virtually declared that Georgia was a
state In the Union, and that no further legisla-
hOn for her reconstruction was necessary.
Mr.. Dawes said the fact that he was estopped
might do for an answer to him (Dawes) person.
ally, but that answer would scarcely satisfy the
country.
Mr.. Voorhees, said he could answer that ques-
ton generally, and he denied that Congress had
any right to constitute itself an appellate court
to pass upon the acts Of State Legislatures. He
believed In the doctrine of once State, always
State; and If Georgia was State for one pur-
pose she was State for another, and Congress
could not interfere with her.
Mr.. Dawes said he too recognized the princi-
PIE of once, a State, always State; but he be-
neved that a Legislature could do certain acts
that would properly make her a subject of in
yestigation by Congress. He believed a state of
an appellate jurisdiction.
Mr.. Voorhees, asked who was to be the Judge
OF that state of facts. The gentleman from
Massachusetts, admits Georgia is Q State Of the
Union, but because her Legislature has done
acts Of which he does not approve, he proposes
to interfere. Who is to jud ge when the laws of
State Legislature are such as to require Con-
gressional Intervention? Whe ever heard that
Congress was an appellate court, to pass upon
the acts of Legislature, and approve or disap-
prove of them at pleasure. Under such ruling
as this Congress may overruie any act Of State
Legislature. 1t is the greatest Of all heresies to
Claim that Congress has the power to revise the
acts Of State Legislatures. If the doctrine was
ever promulgated before this time 1t was not
his privilege to hear II. This heresy now ema-
mates from the brain Of the gentleman from
Massachusetts, because he can find no other ex-
cgse for reversing his past action on this matter
OF reconstruction.
Mr.. Voorhees, then submitted an argument to
show that the Legislature of Georgia was q legal
body, and i'm support Of that argument he quoted
from orders Of military commanders who have
commanded in that district.
The debate was continued by McSSrs. Ether
idge, Cox Bingham, and FarnswOrth. Messrs
Bingham and Farnsworth both indicated their
purpose to be against the bill.
>~U~e-
Another reason for the adjournment Of the
Ecumenical Council to January 9Th Is on ac-
count Of the acoustic imperfections OF St. Peters,
and new hall Is to be procured. Several bish-
ma hov 40 ~ 60 -