Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1877-02-28
FORTY-FOURrH CONGRESS-.
Second Session.
SENATE.

FORTY-FOURrH CONGRESS-.
second Session.
| SENATE.
WASHINGTON, February 81
West, Hamn and Bogy were appointed mem
bers of the conference on the post off &c bill.
| The Pacif: railroad bill is postponed till the
| first MONDAY of December; yeas 90 nays %.
Mr. Hitchcock from the committee terri.
tories, reported a substitute for the senate bill TO
establish the territory Of Black Hills, and to pro-
vide temporary government therefor. Placed
| on the calendar.
| At the expiration 'of the morning hour, Mr.
| Cameron of Penn. submitted a resolution that
the secretary of state is hereby directed to
init to the senate any communication received by
him demanding the payment af monies claimed to
! be now due the dominican government from the
| United States. Agreed to.
| MI Sargent called up the house bill to provide
for the sale of desert lands in the states of Cali
forna, Oregon and Nevada and the territories of
Washington, idaho, Montana, Utah, Wyoming
and Arizona, New Mexico and Dakota. Mr. Sar-
gent submitted AN amendment, THAT no person
shall be permitted either to reserve acquire a
title to more than one section OF land undet the
act" Agreed to.
| Mr.. Oglesby submitted an amendment provd-
ing that any person conducting water to any des-
ert land for the purpose of irrigation, shall not
acquire any exclusive rig At 10 use of the water
beyond what is actually necessary for red em,n.
and rrgatng the same, but the water in all lakes
rivers, and other sources of water supply shall be
held for the use of the public for irrisatng and
mining purposes. Agreed to.
| Several other imp irtant 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 chair submitted communication from the
secretary of war, enclosing preliminary report in
regard to the construction of a canal around tn e
| cascade of the Columbia river, Oregon, and an
estimate of the cost thereof.
The communication was referred TO the CON-
mittee on Commerce.
The house bill to amend the revised statutes in
respect to vacancies in the Office Of president and
vice president, Ad by its title, and referred
to the committee on privileges and elections.
The senate at 4.45 went into executive session
and subsequently took recess till ten clock to-
morrow morning.
Field, from the committee on privileges, re
ported bill providing that in case of failure to
elect president and vice president OF the United
State, the president of the Senate, or in case of
vacancy in that office then the Speaker of the
House, or if no speaker, then the Secretary of
State shall assume the Office of president until
president is elected.
Burchard raised point of order that the COM
mittee had no authority to report by bill. The
Speaker overruled the point of order and the mo-
L
then read a second time and discussion ensued
Mr. Field then proceeded to explain and advo-
cate the bill. He said that it was not merely the
present exigency which this blllwas intended to
provide for. In case of invasion or civil war
count OF the electoral vote at the time required
by law might be prevented. liz that case as the
law now stood there was no officer whatever to
exercise the presidential office ad interim. If,
after the declaration of the president and vice
president, both should die, II to morrow the pres
ident elect should be both on the same railroad
train and should lose their lives by railroad ac
cdent there possibility under the existing
law of providing for the vacancy. The bill was
not a partisan measure.
Mr.. Kasson of Ia, said that there were two OBJ
iections in his mind to the bill The first and
most important objection was that the bill
unconstitutional. The constitution provided
that Congress should provide for succession to
the presidential chair in case 1t should be made
vacant through one of four causes, VIZ, death,
resig nation removal or inability 10 act, and he
very much doubted if Congress could pass law
creating another cause without violation of the
Constitution. His second objection was that the
bill provided not only that the President OF the
Senate should succeed IN case OF the failure TO
elect, but that he should succeed if there was
failure to decla the result Of the election. That
would leave it i'll the power of either House OF
Congress by refusing to unite IN declaration OF
the result to defeat the popular election and keep
in office an administration which might have been
rejected by the people.
Mr. Lawrence of Ohio had little doubts about
the consttutionaty of the measure, but there
was one objection to il, which IN his mind was
insurmountsblc, and that WAS that it made il the
interest of the president of the senate 10 delay the
hount to pos pone in order that he himself might
become president of the United States. Il would
be a dangerous power to put into that officers
hands; a power which he could WELD for ev !,
only
After u,ther debate the bill was ordered read
~ h;rd nd 40
passed yeas 1873, nays l09.
Mr. Shelecher moved to suspend the rules and
adopt a resolution that Congress recognize
the Hampton and Nichols state governments was
re eCted yeas lob, nays 10, not Two thirds IN the
affirmative.
Mr. Watterson OF XIV, moved to suspend the
rules and adopt resolution recItlng the text of
telegram sent yesterday TO Gov. Nichols of La,
by authority OF the President to the effect that
the Nichols government should be sustained
REPRESENTING the best elements of the State, and
declaring that the opinion expressed by the Pres
ident are sound and the sentiments of large
majority of the American people.
Calls were made on the republican side of the
house for the author OF the telegram Dut ms name
was not gwen.
To remark made by the speaker to Mr.. Con-
ger OF Michigan that the chair was right in not
allowing any suggestions to be made after the
yeas and nays were ordered, Mr.. Conger retorted
in his usual sarcastic tone that the speaker might
be right by mere chance. (Laughter)
The motion to suspend the rules and adopt the
resolution was defeated. yeas III, nays So, not
two-thrds in the affirmative.
The conference report on the Indian appropria-
ton bill was agreed to.
Mr. Cox of New York moved a recess until ten
o'clock tomorrow. The vote very close
many of the moderate democrats voting with the
republicans against recess, in order that the
electoral commission might have an opportunity
of reporting this evening. 1t was, however, car
ried by a majority of one, whereat there was con-
siderable hand-clapping ON the democratic side of
the chamber
The house accordingly at five o'clock took re-
cess till to- morrow morning.
OHIO.