Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1871-02-14
FOrty-First Congress Second Session
WASHINGTON, D. G., Feb. 10, 1871.
SENATE


Mr.. Thurman presented resolutions from the
Ohio legislature, requesting congress to pass no
more land grants for railroad or other purposes.
Mr.. Pomeroy, from the committee on public
lands, reported the house bill to enable honora-
bly, discharged soldiers and sailors, their widows
and orphan children, to acquire homesteads on
the public lands of the United States, with
amendments striking out the provision allow
ing assigning homestead certificates, and by
emitting the section allowing the entry of land
by an agent or attorney. The committee also
recommend that the commissioner of the gener-
al land office have authority to make all needful
regulations to carry the act into effect, especial
ly regarding declarations and proofs required.
The senate then took up, at ten O'Clock, the
special order, the joint resolution prescribing
the form of oath to be administered to II. b. NJ.
Miller, senator elect from Georgia, and was adj
dressed at length by Messrs. Trumbull, Carpen-
ter and Thurman in favor of, and by Messrs.
Edmunds and Conkling against, his admission.
Mr.. Carpenter held that the act of congress of
July, 1862, imposing the "iron-clad" OATH, was,
as to Miller, unconstitutional unlike TO Hill,
Farrow and Whitley, claiming seats from Geor-
gia, each of whom had had his disabilities re.
moved. Mr.. Miller never held a federal office
prior to the rebellion, but had only served as a
surgeon TO a rebel regiment. His offence, there
fore, was treason, without the aggravating crime
of perjury.
OF the term for which Mr. Miller was elected,
only one month now remained. His offense
came within the range of the general pardon
issued by President johnson, in December, 1868,
and had been entirely obliterated by that act.
The same offense OF aiding the rebellion, for
which he was now excluded from the senate,
was the very one which had been paTdoned;
and, while the constitution substantially en-
titled claimant to take his seat, the act of
congress prohibited him from so doing.
Mr.. Hill stated that Mr.. Miller had been
elected by the Georgia legislature over more
popular candidates, among whom were two gal
liant generals, because he was not obnoxious to
the 14th amendment, and likely to be most &C.
ceptable to congress. He denied that that gen.
tleman's success was due to his connection with
the rebellion, as the fact of his professional
vices in the rebel army was not generally
known. The speaker did not know of it until
very recently.
Mr. Hill then defended himself from the mpu-
tation upon his loyalty. During the debate, he
explained that his disabilities were removed with
out his knowledge his name being included in
BILL with many others, that he did know. He
labored under a disability, but considered his
case similar to that of Mr.. Thomas, of Maryland,
because of his having done acts of kindness to
his children in the rebel service, but never with
any intention of assisting that cause. His
colleague, DR.. Miller, had opposed secession,
was among the first to assist in the work of
reconstruction, and could not have been elected
unless by republican votes.
After three hours and a half of discussion, Mr..
Kellogg moved to take up the gulf steamship
subsidy bill Rejected-25 to 81.
Mr. Morton held that the election Of Mr.. Mil
Ter was void, because he was ineligible at the
time of his election. 1t had been said, during
the debate, that the ties oath had been repealed,
but was it repealed2 The bill had passed the
senate, at the last session, without the knowl-
edge of three members of that body, and it
could not get onc-third Of the senate to-day. Its
passage through the house had been procured
through the representation that it had received
the unanimous approval of the senate 1t was
not too much to say that the repeal of the test
oath was a fraud upon the senate.
MIR. Trumbull, responding to what he termed
a singular charge Of fraud upon the senate,
read, from the Globe, the report of the proceed.
iugs attending the passage of the test oath re-
peal id the senate. He expressed his surprise
| TO hear such charge.
Mr.. Morton explained that he did not charge
| fraud upon the senate, but that the passage of
the bill of so much consequence, in just one
minute, without general notice, justified him in
characterizing 1t as fraud.
Mr., Trumbull inquired whether Mr.. Morton
did not suppose the Judiciary committee knew
what the bill was,