The New York herald., 1870-04-02
for the construction Of railroad from Umitata, on
Columbia river, Oregon. through Idano Territory 70
Great Salt Lake. II provides for the usual grant Of
twenty sections on eacn side OF the road.
T0HTY-TIRsr CONGRESS.
Second Sessicn.
SENATE.
WASHINGTON. April !. 1870.

WASHINGTON. April ], 1917.
CONTEsriNG THE SEAT OF FLORIDA SENATOR.
Mr.. Os9oRN trep.) OF Fla, presented petition OF
O. b. Hart OF Florida setting forth that the election
OF Senator Gilbert OF that State, was illegal and
void that he r. Hart had subsequently oeen elected
In compliance with the terms OF the oct Of Con-
gress regulating tho time and manner OF holding
elections for Senators IN Congress, which law was
aisregarded In the election Of Mr. Gllbert and ask
ing to be admitted TO the seat now occupied by that
gentleman.
Mr.. OSBORN said he believed his colleague (Mr.
Gberp had been legally elected; but as the legality
OF the proceeding nad been disputed 10 would be for
o committee OF the Senate to decide tho question.
He therefore moved to refer the petition, with the
various accompanying papers, to The judiciary
COMMITTEE
The petition Of Mr.. Hart setting forth various ir
regularities In The election OF Mr. Gilbert. among
others the absence Of quorum In either branch OF
the Legislature, was read, when MIR. Csborn's mo-
tiOn was agreed TO, and the whole subJect was re-
ferred to the judiciary Committee.
PERSONAL EXPLANATION.
Mr.. PoMERoY, (rep.) or Kan, made personal ex
planati0n by way VI cofrec.lon OF q statement In
recent response from the secretary Of the Treasury
20 House resolution relating 70 certain unexpended
balances OF former appropriations. TRe statement
had reference TO an Appropriation during Mr.. Lin-
twenty-five thousand dollars beng assigned 10 the
enterprise, which he was appointed by Mr.. Lincoln
W SuptTlutcnu. lie promptly nl3uB MS returns
to the Secretary OF the interior and settled his
counts, and the papers were hlel IN the Inferior De-
partment. They were never sent to the Treasury
department., and Hence arose the misapprchenson
of the secretary that The account had not yea been
settled.
Mr.. CAssEhLY, dcml OF CAL. presented resou-
lions OF the Callfornla Legislature for the Abolition
Of the income TAX and in asking ITS reference 10 the
Finance Committee he remarked tnat the sentiment
OF his state was averse 10 longer continuance OF
the tax as oppressive anu UNJUST. He also pre-
nfA1 paa nltttin Nf thu naltc
Legislature Tor the establishment OF mail service
between san Diego California, and Salt Lake City,
Utah. The fret resolution was referred to the Iii
nance Committee and the latter to tie Post Once
Committee.
ENFoRcEaEsr OF THE FIFTEENTH AavNpMrNr.
After the expiration OF the morning hour, Mr.
MORTON, rcp.) OF lnd., introduced as y substitute
for the iormer bill on the same subject bili TO
force the llieenth amendment the constitution OF
the United States. lie gave notice that on Monday
ne would move TO take from the table the resoau on
IN regard to the oneida catastrophe.
THE CASE OF GENERAL AMEs.
At quarter past one O'Clock the regular order the
case OF General Ames, was projected with, and Mr..
MED that tue fact OF inhabitancy had been cstaD-
ishsd either with reference to the letter spirit OF
present that General Ames by virtue OF tue
military power entrusted TO nun by the governments,
had elected himself His credentials depended en-.
trey Tor their validity upon hls own Signature. Was
nc paid by the government TO use MS Time as an
army OfIicer IN electoneerlng for hinselfY On
appropriated apr the time time ana ana DO poston 'e cansa meI
by his military rank for his personal ele-
M Ha'vo woud Mas no 80 g boss M 81 IT trust
Senate rs to admit that an election under sucn cr-
enmstances was process Of wnich any notice could
be taken IN q republican form OF government.
Mr. SHERMAN, lrep.l OF ONO, rs one OF those who
would vote to admit Mr.. Ames 20 seat, 1ened the
deson Claiming a the y Ws one Of
TACT and not merely OF law. lie believed that the
fact Of inhabtancy and the intent to remain were
established sufficiently to constitute CITIZEN. The
Senator from Delaware mr. Bayard) had argued
against the idea Of accumulang In the hands OF one
man the enormous power which had been welded
by General Amcs in Mississippi, but had not at
tempted to show that any law prevented the election
Of that gentleman uader the circumstances.
Though the existence OF ths pOYer was complained
OF there was no allegation thar II used or IN.
tended to be USED for a bad purpose. Therefore tile
objection OF the Senator WAS not applicable to the
Mr.. EDMUNps, trep.l fvt., thought the disclaimer
OF Mr. sherman, and those VINO acted with nun on
the present question. that they were not controlled
by partisan Considerations, was certainly true, for
they were about to do an act which would not result
In any benefit to the republican party In this they
showed how thoroughly unselnsh and bipartisan
they were Tho Judiciary Committee had reported
not what they wished, but what they thought upon
the facts, and the law in connection with consttu
tOnal question, and they have been weak enough TO
suppose that the senate desired to be guided b the
OpiniOn OF the court. A friend at his elbow had
informed him that the question had been al reauy
determined. He appreciated the force OF that re-
In the Senate wes strong that Senators were apt
to decide the question In advance OF Its considera-
sions az which they mad umped He M expected aI the
COMMITTEES would be Overruled and would regret the
iact in view OF the Importance OF tue precedent
the Senators, particularly those from doubtful
Sta,cs, that there sucn thing the last straw
camei's back.
MIR. rRUMBULr, trcp.) OF H., made an argument to
show that no act ON the part OF General Ames had
been shown In support OF the idea OF inhabitancy.
Mr.: SUMNER; S trep Of Mass, argued taat !ae in.
dence WAS the real question at issue.
Mr.. CARPENTER, irep.) OF WIS., replied that the
first and only act illustrative OF any intent was the
resignation OF General Ames which did not take
place until ten days after his election.
MIR. DAVIS, tdem.) OF KY, SAID that Anes' vote In
the Senate was necessary TO overcome the Bingham
amendment 10 the Georgia bill and upon other ques-
tons 1t was manifest that the radical party In the
senate was dlsintegratin9 that the ablesr and
purest OF its members were leaning the downward
course dictated " tmpetuous leaders, aud some pro-
vision WAS felt TO be necessary to guard against the
coming storm. He believed THAT the desperate
spirits that controlled that party were ready to
plunge the country into another war ana 1t would
come unless all the manhood OF the oppressed por.
tion OF the people OF America ground into dust
BY this tyranny When one OF the great Lights OF that
party dared openly to assert that Congress had
power to seize Kentucky or Massachusetts by the
showed how frghtfu were the strides they had al.
ready made In their course OF usurpatOn. II the
threat to degrade Tennessee to military province
was carried ouG 4 storm ot Indignation would be
raised.
Various authorities upon the legal question were
EDMUNDs and CONKLING, the latter charging that
the friends OF Ames were dlsprtlng against an un-
broken current OF authority bearing upon the casc
and IN their desperation were hunting around for
some respectable apology for their action
MIR. SUMNER moved TO amend the report OF the
Committee by striking out tns word mot
30 as to make read 'that Adebert Amea Is eligible
to the seat IN the Senate OF the United States 10
which he has been appolnted.r
vote being taken Mr.. Summers motion was
agreed TO. by yeas Az, nays IL, as f0li0ws:-
hnpa.r Cas Aoso' srow6oT Cameron Cae
Gilbert. Hamilton Of Texas, Hamlip Harris How ard Howe
Howell Mcdonald Morrill, OF Maine, Morrill, Of Vermont
~ EKce. Kc:s Scott Thtrman, spence5 Stewart, Summer,
NAYs.Messrs Bsyard, Carpenter, Cssserly, Conkiinz
Davis Edmunds, McCreey, Norton, Pratt 6chuiz, Trum
'tIl and vickers-l2.
Messrs. Stockton, Thurman, HAMILTON. OF Mary.
and, and Johnston, who were opposed to the mo-
lon, 10 announced tnat they had pared on with
dessrs. Norton Sawyer, BOreman and Lewis rv.
pectively, who would have voted for the motion.
The report OF the committee as thus amended,
Ames entitled to admission, was then |
ld0pted.
SEyATOR AMEs SWORN IN.
BY invitation OF the Chair Mr.. AInea presented |
himself and took the usual oath OF ONCE.
A NJ n cnh efa<l