National Republican., 1876-12-16
FORTY-FOURTH CONGRESS.
SECOND SESSION.
FRIDAY, December is, 1875.
Senate.


President pro fempore FERRY, and prayer was
offered by the Chaplain.
BILLS AND PETITIONS
Communications, bills and petitions were pre-
sented and referred as follows:
By Mr.. CHAFFEE: Bill to authorize the citi-
zens of Colorado and Nevads to fell and remove
timber on the public reservations for mining pur-
poses To Committee on Public Lands.
By Mr HERMAN: Petition and bill from the
heirs of II. Van Ransellear, for the extension of
a patent on power looms. To Committee on
Patents. -. .---.-..-. .s....-
Mr.. THURMAN asked and obtained leave to
road act, set down for consideration on the third
Tuesday Of January, lsI7
EXPENSES OF ELECTORAL MESSENGER.
Mr.. WINDOW, from Oommittee on Appropria-
tions reported House bill 1877, to pay electoral
messengers. 1t provides for payment Of twenty
Mr. BOUTWELL, moved TO amend by making
it twenty five cents per mile for each way.
mile in these days ofrailroads was very unequal
way of compensating persons employed by the
Government. A messenger from the Pacific
for his two weeks work in coming here, while
those from Virginia and Maryland would hardly
receive enough 70 pay their hotel bills ~.
amendment to make the bill conform to existing
law, which was now on the statute books.
Mr.. ALCORN thought this was not the way to
de IL, to pass an appropriation bill changing
the law in single instance and leave the law stin
y Mr.. EDMUNDS said he should stick to what
he had avowed as good principle at every session
of Congress. He did not approve of tinkering
the law every time an appropriation bill came In
here, and would oppose the amendment This
was q good time TO do IL, for the messengers were
so equally divided in politics that there was no
mt MI. HIMI1N 4 defended the amendment, and
a ft,a Law va anta nar
mile for each way, and the committee to revise
the Statutes changed it surreptitiously, and the
amendment only proposed to restore the law to
II MI. CONKLfNG said he sat with some impa-
thence and heard every little while some criticism
upon the action Of the
coMMITTER TO REVISE THE LAWS.
He spoke Of the disadvantages and labor under
which that committee performed their duty, and
the phrase sand return" was unintentionally
omitted In the revision in regard to this particu-
lar law. Most of the errors discovered In the
Mr.. THURMAN said that Gov. Chase once re-
vised the laws Of Ohio, when he was q young man,
and after year Of %ss S;s not an srTST had
later day, and now, after thirty years use, they
were found without error.
Mr.. CONKLING said he now understood why
tices, having appointed two from that State. It
was because ali the citizens were well qualified
for that service, and the other States were left
Mr.. THURMAN said he would not undertake
for q moment TO. say that every Republican ap
pointed by the President to office was not quali-
The question was taken on the amendment by
yeas and nays, and II was lost-yeas 13; nays, 81.
Mr.. WINDOW said the bill as reported con.
formed to the law, as the committee understood
1t, and as the Treasury ofhcials understood 1t.
MI. EDMUNDS moved to strike out every
thing in the bill changing existing law, which
The biil as reported provided for paying
twenty five cents per mile one way was lost.
The morning hour having expired, the CHAIR
resoiutiOn r in T ressfd To 70 he @ Oregon % electors
Mr.. DAWES asked that It be laid aside tenn
porarily to take up the resolution providing for
the pay Of witnesses attending Investigations.
Mr.. EDMUNDS said he had given notice that
he should call up yesterday the resolution offered
by Mr.. MoRToS last Msrch, to provide for and
did not call it up yesterday, but thought ii ought
to be taken up at once lrrs-z. agr- oft ss-.
ln. ~ 20 wrrSRss ZEE. at :.EHs bts
BY consent the witness fee bill was taken up,
and Mr. MITCHELL moved TOT amend by adding
at the end Sf the resolution OUiSss That
allowed seven cents per mile each way instead Of
i've cents per mile each way" The amendment
Mr.. MITCHELL took the ffoor, but yielded to
Mr.. ANTHONY to offer the following resolution:
SOB ... COVERING THE STEPS. % s5l!
Resolved, That the Committee ON Public Build
ings and Grounds be authorised to place proper
planks upon the west steps to the Capitol.
steps was an old tumble down rickety set Of steps
that had been put up there each winter for four
or i've years and were really Indecent, and such
would put up TO q COW crib or q barn. 1 ~
Mr.. AAMLIN wanted TO amend by adding
that the steps themselves should be kept in
proper order and free from ice. 1t could be done
with little or no expense and without trouble.
Mr.. ANTHONY said 1t seemed to be a conflict
Of authority between the Sergeant-at-Arms, the
Public Buildings as to whose duty 1t was to do
this work. He, himself, had once found o COW
grazing on the terrace, and no one Of these on
cials attended to having her driven of on the
principle of the Royal House when they froze, be:
cause 1t was the duty Of one man 70 lay the wood
and ANOTHER one to lightthe fire. So the Senator
Mr.. THURMAN. I demand the regular order.
Mr.. ANTHONY Il want the resolution passed.
Mr.. THURMAN. don't think it can be dons
without several long speeches, and demand the
Mr. ANTHONY. 1 don't think or the Sem
ator from Maine occupy SO much time here as to
Justify the Senator from Ohio in snubbing us in
this manner.
Mr.. THURMAN. I don't propose to sit here
and hear the Senator give US his biography In
Mr. HAMLIN. occupy SO much more time
on this floor than the Senator from Ohio does,
that Of course will not say another word.
The vote was taken, and the resolution was
adopted.
OREGON ELEoToR.
Mr.. MITCHELL resumed the floor, aud
yielded to MIR. THURMAN, who proceeded to dis.
cuss the Oregon resolution, and said Gov. Grover
had decided no question that he was not abso-
lutely bound to decide. He showed that Mr..
Watts was not eligible to be appointed as an
elector Of that State; He read from the lsith
section of the Revised Statute, Act Of lS45 show
ing the law in relation to filing the vacancies in
case of failure to elect.
He claimed that Watts ineligibIlity placed
4 n in ha nfa fail 70 Al nd
that it became the duty Of Governor Grover to
fill the vacancy according to the act Of the Oregon
Legislature. Governor Grover sought informs
tion from every source, and heard arguments on
both sides, to govern him In his action.
He sent up to be read by the Clerk an opinion
from Judge Hoadley, Of Ohio, to Governor Gro
had taken.
PALPABLE LIE.
During the reading an alluson was made in the
opinion to Senator Sherman as one who was to be
be the one to open the electoral votes, SC.
Mr.. SHERMAN rose and said that allusion to
World, which was palpable lie, without par
ticle Of foundation. -#
The opinion was quite elaborate, and was read
The asaanx
MrWALLACE took the floor, but yielded to
Mr.. WRIGHT, to move that when the Senate
adjourns to-day it be to Monday next; which was
Mr.. WALLACE, resuming, said that Gov.
Grover had complied with the Constitution and
laws Of the United States and of the State of
Oregon, and who complains? WHY, postmaster,
who had sworn to obey the same laws and the same
Constitution. Without going into the merits Of
the case, he wanted to show If there were not de-
cisions
JUsTIFYING THE ACTION OF GOV. GROVER,
who was acting in q ministerial capacity of the
United States for his own State. This was q
question Of United States law, and the question
was whether the votes cast for Watts were void
or not. 1t is a question Of the Federal law and
Federal Constitution morethan one of state law.
He said he was inclined to believe that there
were but two lawful electors appointed in Oregon.
He read what he considered rs the law of va
cancy, and claimed that there was no vacancy.
not create vacancy; It is simply void election.
Section l34 Of the Revised Statutes prescrlbes
the manner in which vacancies shall be hlled,
and the steps to be taken by the Legislature In
case of failure TO elect The Legislature of
Oregon having failed to provide for the failure TO
elect, the State has but two electors. II Cronin
was not elected, and Watts was not elected, then
ONLY TWO ELECTORS WERE APPOINTED,
and there is failure to elect, and there are only
two electors in that State.
Mr.. MITCHELL denounced the act Of Gov.
Grover as usurpation OF law, and said no SEN
ator dare defend his action, and he was not sur
prised that the Senator from Ohio should shield
himself behind the opinion Of lawyer in Cincin-
nati.I He asserted that the Governor had no
right to adjudicate upon the question whatever,
or to decide who was elected, or to I'LL the va
cancy, or to appoint any other person than Mr..
Mr.. MITCHELL yielded for Mr. CLAYTON to
in trnduaa q hill for 10 relief -of Iohn Lacks