New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1870-03-23
XLIsr CONGRESS-2d SESSION.

SENATE. wAsuISGros March o.
Bills were introduced aud referred as follows:
MI HAMLIN rep, Nel-To incorporate the Amer
Union Academy Of Science and Arts
Mt SUNNI FIR ORep, Massl, from the COMMITTEE on
Foreign kn,irs reported adversely on the proposed
amendment the rules allowing treaties for the anne va
ton Of any foreign territory to be discussed III open
NJ SUMNER. from the Committee reported bill
for relief of Ross browne. late Minister 10 Nina
Mt. HARLAN Rcp, Ewal. from The COMMITTEE on IN
dian Affairs. reported ih TO promote the edEliL i
Of Indians aud TO prepare them Tor the nights ana uu''S
os., Tor e appointment Inspector. Of Indian issr'
Secretary the neuor ami owu'',ourt 81 IuoA
Assi 'ss eos,a,e Board to .usr,'e All 'gtaia, %" t.y
100 =, ,h ,hs Of al .'5 iS DISPUTES 70 resi to
te eotdo,. t lbtan Department To- 'utft Mea
reatan o. sts sNs aud treaties as NAV iet 70 'qs f
M r,gco Commissioners Of ind''h
Mr rENToN Rep " " called the resolution in, In
ttrnciug The Judiciary Commi,o TO i"3 v law of the
expenses Of claimants IN suits for soldiers h"uh,s nc
N, JouNsoN fDcn Val introduced bin to DIVIDE
the State of Virginia into two Judtlal DlsltlciS
THE sriCW INMENr BItL NpitiNillf F"sIfoNLp
MIR sHEEVAN rep. Ohol, from The Finance Com
mittcc. reported Mr sumner b To W., lrNa
st.ce p,ypelis on Jan l. 1871, Ga recommendation
that u be indefinitely postponed The report OF the Com
NJ wIis0Y d;er, Mass called MP the Joint resolution
retirg 10 The construct ON of the Rock Island Railroad
bridge between Rock Island aua the city oi Davenport
I'M answer 10 a question of Nj THURMAN Dem, Ohio
Mr. WILSON explained that the bn was intended TO
Is-ou Tie expenditure already authorized 10y providing
foI a single track bridge instead Of wide bridge with
double track thus avoiding the difficulty of operatlnga
draw owing the current OF the Mississippi The bill
MIR. CONKIING. Gep, N. ". rising to a question Of
privilege moved that The senate take up the report ofhe
judiciary Committee the case OF Gen Ames The mo
non being grrcd Nh COBkliug yielded the floor to
MI. ANTHONY, rep. II. H., upon whose motion the
House IesUuton for The printing OF 1900 copies Oh tho
report Of the Special Committee of the House on the de-
cline of the American Commerce was taken up.
Mr.. CHANDLER Hep. Mich) denounced the report as
cheat aud fraud 10 winch he was unwilling me senate
mttcS had been able to discover in all their invesga-
lions only acthat wastn nine years ago wooden
ships use. aud now. outside OF the United states
ships were built ~ iron. lie dssontod entirely with the
conclusions ~ the Committee aud complained that I'M
M HHMiIN Rep. Mel defended the report. believ-
II Tine re resolution. solution v was then adopted
NE CASE on GIN. AMEs
At lis the case Of Gen. Ames senator elect from
Ms, rp taken ny, and the report Of the judiciary
Commitire was Rad.
Mr. tONKLING, in explaining the reasons for the
port said that feeling toward Gen Ames found eX-
and epcct the nterroratory submitted to the Com
Inteo made OF sterner stun tian pohtlcal
CT pcrsousl preference. III ms military !Hsi
ton Gen. Ames was douolE charged at hrst
second by orders Of his superior with tho execution
of the Reconstruction acts 10 was bis duty 10 govern
duct elections aud give certificates Of election To those
chosen by the people to seats IN the LEGISLATURE ana
"a military order, and remained there IN ohedi'
cnce 10 mat order, never having been IN Mlssls-
sippi otherwise. far as tho Committee knows.
The Committee. therefore. were required, was the
Senate. 20 answer this question: Was Gen Ames Wheh
elected AN mhabtant OF the state Of Mississippi Pass
ma over the fact that Gen. Ames welded great and pc
oahar powers among the people by ms election
was conferred, he lr Coukns would come AZ once to
constitutional provision that an applicant Tor seat
An Congress shall be- an iuhabtant Of from
which he n chosen and shall be such nhabitant when
elected. Had the latter been omitted Inc present case
would been relieved Of any embarrassment. because
suce hls election Cen Amcs hai resigned Ills commits
Mr. CoNKLTNG then read from Webster. Worcester
Story aud other authorities 70 show the general and
lesii definition of the term "l1hdbitauG' also from
Congressional debates III lu th 81 Ihe cOhStilutoha
meaning Of the term and tLe cccdehts established IN
the House against the case oil Tie present claimant
IA the Convention which framed tine Constitution the
word resident" was stricken out ara the word in-
requirement A man should he idonuted with the state
All TIC interpretations were 10 me lhi lnat tne repre-
sentative ~ state must be bJHd me member of that
community, subject 10 do jury duty therein dmcnabe 10
all the provisions of It's laws and entitled 10 all their
privileges aud advantages. The essential requisite Of
voluntary residence was lacking IN the pcA.u case No
distinction could be drawn between an officer and pm.
waite Neither could go remain except by superior
thor and FOR either 81 them TO proceed under orders
not % 20 voluntarily In ills case, the only thng
ndeperdei ~ proceeding 10 and remaining IN Mssissip
ri Gen. Amess intention as testified by him before
The COMMITTEE s language belns tnat IL was d9uDiIu
whether De should have become citizen Dut Tor ms elec
nited to = sca in the senate he woud regard Missis-
sipp his home. and would return there This inten-
way that obstacle which as the Committee ON the Ju-
dietary understood the law ana iac', me constitution
the previous intention Ia become citizen beng cOntin
gent upon a particular ciFcum- duce. was incomplete
MIR RICE Rep, Ark member of the Judiciary |
COMMITTEE gave h,s for dissenting from the re
port Of the majority The question was, whether |
a man ia the military service could change or ac- /
ure residence. and he thought the rule be applied
the decision OF the question should harm0nze with the
sprt Institutions In this government Of the
pie the soldier formed part and there nothing 10
prevent his acquiring aTesidence whenever ana wherever
he pleased Ic claimed that the soldier lost no right az
citizenship. except such as was inconsistent Win ms MIL
Nh CONKIING remarked that he had maintained that |
every cLen had an nhaoltanoy, hut that IN the mill
tary soldier could not acquire residence by SIM
x.IE hot
LOCALITY that some act was necessary on ms part fnhe
pendent of the dct that lie remained In the place
10 which he ordered and that the act must be ac
rompaned with an Intention 10 become and remain a
resident Both these elements were wanting in the pres
gent, and, therefore, incomplete.
Mr. RICE said he stating his views from his own
standpoint and proceeded 10 that the right Uf
a military 10 hold or acquire residence had been
conceded the only question was to meet them In the
that that many yeaIs Gen Ames abandoned all
out place at Which to vote lie had right TO tx upon
that location which he intended 70 make his future resi-
dence and there Forpube and private reasons,
he had Mississippi his place of residence and
had declared 10 various persons his intention Of becom
ing citizen OF the state as was shown by inc ahdavs
before the Committee. Therefore he had the neces
cary intention aud was actually present he became
clon under the general provision oil the state Cohst
Mr. HOWARD Rep.. MiehJ regretted that the Com
mtiee furnished all the evidence III the case ana
argued that the only Inference rom he report OF Inc
Committee was that Gen. Ames bad Determined aoso
lutey aud uuquahfedly not only TO become candidate
for the Senate, but TO remain IN MISSISSIPPI ana make
that his residence The statement Of the senator ilo
Newlork Mr Cpnkling), that the law Pfesuheu eNory
10 have dOmcile or residence was Doubtless cor
but the senator very careful not to commit
himself by giving his own views as TO where Gen. AmeSs
habtatiOu was before the election ,,-.,-- 49,,
MI. CONKLING said no had made that inquiry, and
Mi. HOWARD felt confident lie could answer the ques'
Committee. There time when Gen. Ames went TO
school Maiue, and afterward spent large portion OF
Where AZ his residence during the latter period Would
iue honorable Senator undertake to say 1t was not at