The New York herald., 1870-03-23
F0RTY-FIRsT CONGRESS.
Second Session.
SENATE.
WASHINGTON, March %, 1870.

Mr. SUMNER, trep.} OF Mass, from the Comnhtee
on Foreign Affairs, reported adversely OH the pro-
posed amendment to the rules allowing treaties for
the annexation of the entire dominion of any foreign
power 10 be discussed in open session.
CIVILIZATION or THE INDIANS.
Mr.. HARLAN, rep.) or Iowa, from the Committee
on Indian AGams, reported bill TO promote the
CIVILIZATION oil Indians and TO prepare them Tor the
rights and ddties OF citizenship u provides ior the
appointment OF i've inspectors OF Indian Affairs,
who. with The Secretary OF the Interior and Commis
soner OF lndian Affairs, shall constitute q board to
supervise all expenditures OF money Tor the beDent
or the Indians, TO visit them, inquire into their
conoition. and see that the provisions OF laws and
treaties relating 10 them are faithfully executed; 20
near complaints and decide disputes IN regard to
the conduct OF the agents Of the Indian Department.
10 suggest sucn notifications OF existing laws and
dans and TO exerSise general management Of
indian affairs The Inspectors TO have the same
salary as Commissioners 0f Indian affairs
JAPANESE INDEMNITY FUND.
Mr.. SUMNER called up the joint resolution direct
ing the Secretary o State 10 adjust and pay out OF
the Japanese indemnify fund the damages TO the
steamer Monitor, fired into by the batteries OF the
Mikad0 IN Japan III 1864. Passed.
MR.. SUMMERS CURRENCY BILL.
Mr. SHERMAN, trep.1 OF Ohio, from the Finance
Committee reported Mr.. Summers bnI To strengthen
tue legal reserves OF the banks and provide or the
redemption ol specle payments on January l, 1871,
with recommendation that IL oe indefinitely post
poned. the report OF the committee was con
RELIEF OF MRS. FANNY KELLY.
Mr.. BUCKINGHAM, treQ.) OF Conn. called up the
bill appropraslng 20 900 70 MIS- Fanny heiiy ior va-
evil designs OF hostile Indians e held in captivity
by them, which was passed.
THE CASE OF GENERAL AMEs, SENATOR ELECT FROM
MISSISSIPPI.
The case OF General Ames, as Senator elect from
Mississippi, was taken up and the report or the Ju
dIclary Committee was read.
Mr.. CoNKLING. trep.l OF n. Y, IN explaining the
reasons for the report, said that no Ieeling toward
General Ames found expression in the committee
but that OF personal Kindness ana respect; but the
interrogatory submitted TO the committee was made
OF sterner stuff than political or personal prefer
ence In his milltary position General Ames was
douDly charged-at first ny the statutes Of the
ror-w1th the execution OF the reconstruction acts.
IL was his duty to govern and 10 ascertain the ex-
tent OF military rule; also TO conduct elections aud
give certificates OF election TO tuOse chosen by the
people TO seats IN the Legislature and Otner oices.
lie mad gone to Mississippi IN obedience to o mill
tary order, and remained there In obedience
10 that order never having been MISSISSIPPI 9th.
erwise SO far as the committee came TO know.
The Committee therefore were required, as was the
the Senate, to answer this quesuOn:-Was General
Ames, when elected, an inhaOtant OF the State OF
MISSISSIPPI? Passing over the fact that General
Ames welded great and peculiar powers among the
people by whom his election was conferred. ne tMr.
Conxlngl would come at once to the constitutional
provision tnat an applicant for seat IN Congress
chosen and shall De such an innabtant when elected.
Had the latter been omitted the present case woud
have been relieved OF any embarrassment because,
since his election, General Ames mad resigned MS
commission He then read from Webster, WOrces-
ter Story and other authorities To show the general
and legal deiinltlon OF the term ..lnnabllant also
1r0u Congressional debates, IN illustration OF the
constitutional meaning OF the term and the prece-
dents established the House against the OF the
present claimant. IN the convention which framed
the constitution the word .resldent was stricken out
anu 'inhaDtanr' substituted, as better expressing
the requirement.. A man should be identified with
State. All The interpretations were to the point
that the representative OF q StaIe must be u OOau
dde member OF tnat community. subject to do jury
duty therein, aoe to all the PROVISIONS or Its laws
and entitled to all their privileges and advantages
The essentiaI requisite OF voluntary residence
was lacking in the present case. No distinction
could be drawn between an officer and private.
Neither could 20 or remain except by superior au-
ttorlty, and for ellher OF them TO proceed under
orders was not to go voluntarily la this case the
only thing independent OF proceeding to aud re-
naming III Mississippi was General Ames' lnten-
Llon AZ testified by nm before the committee, his
language being that 1t was doubtful whether he
should have become citizen except for his eec-
tion Senator He SAID lurther however. that not
admitted 10 seat In the senate he would regard
Mississippi as ms home and would return there.
THIS intention would enable his constituents 10 re-
move from his way that obstacle which, as the Conn.,
mfee on The Judiciary understood the law and fact.
the constitution would not allow them or the Senate
to remove, because the previous intention - become
cltiZen. being contingent upon particular circum
stance, incomplete and vold He IN. Conk-
ngi had been told that the votes OF some Senate RS
mad been solicited because OF the action this gentle
man might take upon pending measures II lie were
introduced III season. But could such things be 7
God FORBID Far distant, ne hoped, would De the
day when the elect or states assembled here to
guard their privileges and the liberties which those
privileges preserved would be moved by such con-
siaeratons. Should ne live To see the time when
judgments rendered by tins tribunal up~n such
grounds ne would be led 10 exclam In the lang
vi another .'Twere mercifullf thunderbot should
vis the temple and purn up the records OF our dis
gIdceW
The discussion was continued by Messrs. Rice,
Howard ana Ihayer In opposition TO the report an1
by Mr. Thurman III It's iavor, until twenty minutes
to hVe O'Clock when. without taking vote on the
question, the Senate adjourned.