The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1877-02-28
Forty Fourth Congressional Session.
SENATE.

WASHINGTON, Feb. q.
Messrs. West, Hamlin and Bogy were ap-
pointed members OF the conference committee
on the post Office bill.
Mr.. Mcdonald, Bayard and Others and the
usual resolutions were passed.
Mr., Window from the committee on public
lands reported fayorably on Senate bill for the
authorizes homestead and preemption settlers
whose crops were destroyed by grasshoppers in
1876 to leave and be absent from their lands
till 1878.
ing, reported favorably on the resolution to
print 500 copies of the naval and 500 copies of
the army register for the year 1877. Adopted.
He also reported without recommendation the
House resolution to print 100000 copies OF the
report of the commissioner OF agriculture lot
1876. Placed on the calendar,
Mr.. Wadleigh from the committee on patents
reported fayorably on the Senate bill to cure
defects in certain letters patents for certain IN
ventions and designs. The bill was placed on
the calendar.
Mr.. Howe called up the bill appropriating
$15O,O00 to provide additional accommodations
for the library of Congress by the erection of
building to form an extension OF the eastern
front of centre capitol building Laid aside.
Mr.. Sargent from the joint special committee
on Chinese immigration, submitted report.
Ordered printed
Mr.. Hitchcock from the committee on terri
tories, reported substitute for the Senate bill
to establish the territory Of Black Hills and to
provide temporary government therefor.
Placed on the calendar.
At the expiration of the morning hour the
Pacific Railroad funding bill came up and
| some discussion took place as to the propriety
of going on with it at this late day of the SEES
sion, several Senators claiming it to be an i'm
possibility to pass it.
Finally Mr.. Morrill, moved to lay it on the
table, but subsequently, at the request of Mr..
Sherman modified his mn fion On &c IN
the consideration of the bill till the LIST Monday
in December next, and it was agreed to-yeas
20, nays %.
Mr.. Cameron of Pennsylvania submitted a
resolution THAT the Secretary of State is here
by directed to transmit to the Senate any COM
munication received by him demanding the
payment of moneys claimed to be now due the.
Dominican government from the government of
the United States" Agreed to.
Mr. Sargent called up the House bill to pro-
vide for the sale of desert lands in the states of
California, Oregon and Nevada and the terri
tories Of Washington, Idaho, Montana, Utah,
Wyoming, Arizona, New Mexico and Dakota.
Several amendments were agreed to and the
| bill was passed
Mr.. Oglesby presented the credentials of Hon
David Davis, elected United States Senator
| from Illinois for six years from March 4th, 1877
Read and filed.
| the Secretary of War enclosing preliminary
report in regard to the construction of a canal
| around the cascade of the Columbia riv er, Ore
| gon, and an estimate of the cost thereof. Re-
ferred to the committee on commerce
The House bill to amend the Revised Stat
| utes in respect to vacancies in the Office of
| President and Vice President, was read by its
| title and referred to the committee on priyil-
| eyes and elections
| The amendments of the House to bill for the
| preparation and publication of new edition of
| the Revised Statutes of the United States were
! concufred in and the bill passed.
Mr.. Anthony submitted resolution instruct
| ing the committee on public buildings and
chasing the fountain of M. Auguste Bartholdi
now at Philadelphia, and placing it on one of
the public parks of this city Agreed to-
| Mr.. Gordon presented the credentials of
Hon. j. T. Morgan. elected United States
1 Senator from Alabama for six years from
| March 4th, 1877. Read and filed.
House bill for the appointment of official
| shorthand reporters in United States courts
was amended and passed.
The Senate at 4.45 went into executive ses-
sion and subsequently took recess till 10 to-
morrow morning.
House went into committee of the whole on
the sundry civil bill.
The appropriation for the Powell expedition
W as increased from $4,000 to $4,000.
The next paragraph to which question was
made was that appropriating 5000 for the
payment of amounts to mail contractors for
mall service performed in certain Southern
| states in the years 1859.60 GIL.
Some objection having been made and the
committee having arisen that new legislative
day might begin, Mr.. Atkins offered in the
House resolution that when the committee of
the whole next considered the sundry civil
appropriation bill, it should be in order to offer
an amendment providing for paying the mail
contractors who performed the mail service in
ADOPTED, -
INF +ba p,;t of
the whole.
Mr.. Atkins Of Tennessee offered his amend
ment which was adopted
Mr.. Seelye of Massachusetts offered an
amendment authorizing the accounting officers
to settle the accounts of the commissioners APP
pointed in 1875 and to investigate the affairs
at the Red Cloud agency.
A large number of amendments relative to
the pay of the House employees were offered,
but most of them were ruled out of order
The committee then rose and reported the
bill to the House. Before action was taken
Mr.. Field, from the committee on privileges
reported a bill amending the Revised Statutes
Of the United States so as to provide for case
of removal, death, resignation or inability of
both President or Vice President, or for case
of vacancy in those offices arising from the
failure of both Houses of Congress to ascertain
and declare an election before the commence
ment of the term of Office in respect to which
the electoral votes were cast, or In case of va
cancy arising from any other cause. 1t pro.
vides that the President of the Senate, or if
there is none, then the Speaker of the House
of Representatives for the time being, or If
there be no such Speaker then the Secretary of
State in office when the vacancy happens shall
act as President until the disability is removed
or President elected.
Mr.. Burchard of Illinois raised point of Of
der that the committee on privileges hadIno
authority to report by bill and the farther
point that the subject matter of the bill had
never been referredltO that committee
The Speaker overruled the point Of order,
holding that this was question of the highest
have recognized any member to introduce such
bill and to demand immediate action
Objection being madei to the second reading
OF the bill the Speaker put the question under
one of the rules, Shall the bill be rejected? 1t
was decided in the negative Bill was then
read second time.
Mr.. Field then proceeded to explain and ad-
vocate the bin. he said that it was not merely
the present exigency which this bill was intend
ed to provide for, In case of invasion or civil
war count of the electoral vote at the time re-
quired BY law might be prevented. In that
case as the law now stood, there was no officer
whatever to exercise the Presidential Office ad
interim. II, after the declaration the Presi-
dent and Vice President both should die, if to-
morrow the President and Vice President elect
should be both on the same railroad train and
should lose their lives by railroad accident,
there was no possibility under the existing law
VI prOVlulnS lot the vacancy. BILL was not
partisan measure. He was sure there was no
desire to do otherwise than to faithfully abide
by the law as it now stood, the law made but |
few weeks ago. But that should not prevent
Congress taking advantage of an occasion which
suggested the need of this amendment, and for |
that reason he had presented it, |
Mr.. Kasson of Iowa, said there were two OBJ |
jections in his mind to the BILL The first and !
most Important objection was that the bill was |
unconstitutional. The Constitution provided |
that Congress should provide for succession to |
the Presidential chair in case it should be made
vacant through one of four causes, viz, death, |
resignation, removal or inability to act, and be
very much doubted if Congress could pass a |
law creating another cause without violation |
of the Constitution. His second objection was |
that the bill provided not only that the Presi- |
dent of the Senate should succeed in case of the |
failure to elect, but that he should succeed If |
there was failure to declare the result of the |
election. That would leavesit in the power of |
either House of Congress, by refusing to unite |
in declaration of a result to defeat the popu-
lar election and keep in Office an administra- |
ton which might have been rejected by the |
people.
Mr.. Lawrence of Ohio, had little doubts
about the constitutionality of the measure, but |
there was one objection to it which, in his mind,
was iUSurmOuntablo. and that was that it made