The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1870-03-03
e q N q X II y 8 .



Contirued from the Third Edition.
Mr.. Wiley moved to amend the amendment so
that the Judge shall reside in the circuit after ap
ha Wtn sae R necessity S ms Us
view OF the qualifications required and the import
ance OF the office, the President should be allowed
to make his selection from the nation at large, aud
that national interests should not be made suDser
Went to the sentiments OF localities where as In
Southern circuits 1t might be diicult to find man
whose loyalty and superior qualifications entitled
him to the exalted position or Judgeship OF the
United States Supreme Court.
Mr.. Davis, though distrusting the animus OF the
appointing power In the important duty of filling
the ofices OF judges OF the Supreme Court OF the
United States, was willing to leave to the President
that unrestricted constitutional discretion which he
proposed OF making his nomination from any por-
tion OF the country. He believed it was not com
peten for Congress to restrict the President In this
particular or In relation to nominations for foreign
embassiea
Mr.. Conkling remarked that the inference from
the Senator's (Mr. Davis0 position that because
the Constitution silent on the subject therefore
Congress could not inquire whether a Judge was
learned In the law possessed other essential
qualifications BY the same right the matter OF resi-
dence could not be an official requisite.
Mr.. Wilson submitted an amendment looking to
new arrangement OF the circuits.
Mr.. Trumbull explained that the arrangement OF
the circuits by the committee was based upon popu-
lation and the number OF cases on the Supreme
Court docket, with view to equalizing the amount
OF business each OF the judges He said the bill
had no personal object buttnat the arrang sment Of
the circuits was intended to &C ,Ommodate circuits
to judges already coniiTmed Tn The argument that
particular district In selecting these judges was
BASED upon an idea that Congress could not pre-
scribe the mode in which the President shall per-
form his duties. The President was Commauder-
in-Chief Of the army and navy, but he could not
raise or pay soldier without the cooperation OF
The bill was then laid aside.
Mr. Chandler, from the Committee on Commerce.
reported with amendments the bill 10 incorporate
the National Bolivian Navigation Company. Also,
adversely to the bill to provide for an American line
OF mail aud emigrant passenger steamers between
New York and Scandinavian ana German p0rtS.
Also, adversely the bill relieving masters OF vessels
gagged In the coastng trade from the obligation OF
employing licensed pilots.
Mr. kellogg, from the Committee on Commerce,
reported, with amendment, Joint resolution pro-
vding for survey and estimate OF The cost or re-
moving distractions from the Bayou Teche in Lousl-
Al O'Clock the consideration OF the Funding bill
was resumed, and Mr.. Morrill, (vt9 addressed the
Senate.
Continued from the Third Edition
Mr.. Wheeler introduced bill granting lands for
building branch railroad to the Uintah Mountains.
Mr Davis IN. " gave notice that he would, at the
earliest practicable moment report from the Judiciary
The House then, at half-past one, went into Com
mittee OF the Whole Mr. Mercur In the chair on the
An amendment offered by Mr.. Paine pro.
viding that nothing In the act should be construed
recognizing subsistng public treaties any such
treaties made before the 10th day OF july 1857 gave
rise to considerable discussion, 1t being denounced
by Mr. Maynard a violation OF the faith OF the na
tion, and defended by Messrs. Paine, Lawrence and
other members. Finally, not wishing 10 occupy fur
ther the time of the committee, Mr. Paine Withdrew
the amendment and the bill was laid aside to be
reported to the House.
Mr.. Lawrence moved to take up the Deficiency
bill.
The chairman decided that that could not be done
without unanimous consent AS the Tariff bill Wa
the special order In Committee OF the Whole.
The committee then rose aud reported backfth'
Indian Appropriation bill with amendments. Th'
amendments were agreed to In bulk, and the bill
m