New-York tribune., 1878-06-08
XLVth CONGRESs---IId SESSION.

THE SENATE DISCUSSES TIE RIGHT OF THE HOUSE
TO SUBPOENA SECRETARY GoRHAM-ACTIoS ON
THE ARMY BILL-THE GENERAL DEFICIENCY
BILL IN THE HOUSE.
SENATE. WASHINGTON June z, 1878.
The Senate cOncurred to-day in the amend
ment OF the House the bill authorizing the pubhca-
ton for sale edition Of the narrative OF the Polars
Expedition, and it was passed
The PRESIDENT pro temporc laid before the Senate q
letter from the Secretary, George c. GOrham, stating
that on the Sd inst he was served with subpoena to
appear before the Potter Committee and to bring with
him all books, and papers in his CUSTODY reia-
ing TO the election Of Presidential electors IN the state OF
louisiana He states he ooeyso tne supp1 tnt ou I
conclusion says respectfully request tnat you H
this communication before the Senate IN order t, "a
deemed necessary and proper may have lnsiructIons
duty in this and any similar cases that may
Mr. EDMUNDs Rep, vt) submitted the following:
Ordered That the Secretary Of the Senate attend before
the Committee OF Representatives. mentioned IN
eo and 1v submit sad papers 70 Tie exnaon said
from time TO time, according to its eonvemehee
Mr. HOAR (Rep. Massl said he desired for one 10 ex-
press his opposition to this order IL the Committee OF
the House desired these papers the proper way %oua
been for the House to request the senate 10 Iurnsh
them II he remembered correctly, in England II was
regarded as breach Of privilege OF the House OF Com
Uouse of ords The mode of proceeding suggested
In THIS case would make bad precedent Tor the nture
Mr.. EDMUNDs rep, w said ne thought tnis tue
most convenient way To settle IT, . A.,
Mr BAYARD Dem, Deli said in his Judgment the
OF the Senate They belong to the country, ana 10 tne
House Of representatives so far as The right to pnDhc
Mr.. CONKLING REP. n. " said Judging fIom the
letter presented by the Secretary OF the Senate lie IN
ferTed that might be SAID the House mad ranscenued
its rights and trenched upon the privileges OF the senate
The subpoena was addressed to the Secretary Ia ms
official capacity and did to visit papers which were
conessedly the records Of the Senate when the COM
mtee the House OF Representatives had no rght 10
do The OF the Senator from Vermont was proper
Mr. COnklIng cOncurred in much said by the senator
from Delaware with regard TO the papers n not %
member Of the Senate originally to mold III custody or
certain purpose As the matter had been brought up
he would take OF IT, but not upon the theory hat
the Electoral certificates belonged to the senate OF 10
tho Secretary OF the senate.
MIR HAMIIN (Rep., Mel was in favor OF the prompt
delivery of the papers TO the House COMMITTEE and ne
wished the Senator from Vermont lEdmunds) would
modify his order to provide that all papers asked
for by the House be promptly furnlsned, thOugn ne
channc-the House OF Representatives
Mr.. BLAINE read the subpoena duees teeum 10 Seefe-
tey GOham which instructed him appear before the
committee Referring to the latter part he SAID that the
idea Secretary Of the Senate was not to depart
without the leave "A committee OF the House, athoug
the senate might need him hour to sign bills and
other papers, seemed to HIM to De about as gross an a
surdify as could be- committed.
Mr.. WHYTE Dem, Md said 1t was hardly worth
wasting the time Of the Senate upon this question Oh
equste between the two Houses for that was the only
question. The Senate would not dare to refuse 10 sur
render the papers IN ITS possession shou II u9 SO Sen
ators would stand before the country condemned Ihey
would be like persons having stolen GOODS III ther pos
Mr. EDMUNDS said the House committee had made
mistake IN this matter. and the resolution submitted Dy
him W. ud answer every purpose r,,.,,,, ,,,o,,eo,
After some further discussion Mr.. Edmunds mOdlneu
his order so as to read as follows;
Oyded deserving all questions touching The reguarty Of
the action OF committee OF the House Of Representatives.
In calng for the papers that the Secretary 2 e a.
entonSd in the letter OF the Secretary with the papers
eYSmig9toB Of SAID committee from time time ding
convenience, retaining however the CUSTODY OF sau
papers.
Mr. HOAR withdrew his motion TO refer to the Com
mittee the judiciary and the order as mOdineu was
he senate bill TO declare the true intent and meaning
Of the law bearing the election OF senator III new
Hampshire indefinitely postponed. , -
Mr.. CAMERON REP Wisl, by request, lntroaueea H9
bill approprating money TO compensate fi1k * MiIs'
Referred TO tie Committee on Claims. 49,. -.
Mr.. BRUCE Rep., Miss) submitted an amendment to
pirate $3,696OO0 to close gaps and creVasses III the
evces OF the Mississippi
A DISCUSSION OVER TUE ARMY.
The morning business having been concluded the
resumed consideration Of the Army appropriation
bill.
Rr. BLAINE (Rep Me- in charge Of the bill said that
the Committee on Appropriations had held meeting
and came TO the conclusion would not be wise TO
ris, ,,nder one conmissfon He therefore submitted
an amendment substitute for the weniyeghth sec
of the Indian bureau to the War Department so as TO
provide for the appointment OF joint commission OF
three and four Representatives to inquire as TO
the expedency OF transferring the Indian Bureau,
authorizing the commission 70 send for persons and
Congress before the first day Of January, 1873;
also appropratng 1000 for the expenses OF the com
Mr. BURNSIDE CRep., r. ~ submitted an amendment
10 the provision submitted by him yesterday providing
FOR commission reform to provide for three
Senators that commission Instead OF two three men,
bcrs Of the House OF Representatives and three oeers
oi the regular Army. Agreed To.
Mr. THURMAN Dem, Ohio) said he had intended 10
speak at length to-day In regard to the proposed trans
fer OF the Indian Bureau but not well enough 70 90
& SO S o eye years had been tending to the concn
hnf
the War Department The Indian Service as now ad-
mnsered Is OF the great causes OF our Indian wars
lie believed there would be far less corruption, and the
service would be efficiently administered by the
military power and the Indians would get three umes
as much of tnat appropriated for them they do now
We are turning forth officers from West Point every
wear and some employment must be found for them.
lie favored the appointment OF commission OF promi-
nent consider the expedeucy OF the IasIcr anu
would pay them literally that they might give their
whole attention TO the matter. -,
Pending discussion the Senate, at 1880 p. M, took
recess for two enable Senators 10 attend the iu
neral VIM. Mcdonald late chief clerk OF the Senate
Upon reassembling at $50 p M tho question Delng on
the amendment reported by Mr. Blaine Il was agreed TO-
The Committee ON Appropriations having reported 10
favor Of striking out the twenty-nnh section OF the
House bin which forbids the OF the Army as posse
comitatus Mr.. HERMAN Dem. N. ~, for Mr. Bayard,
who was necessarily absent from the Senate submitted
an amendment so as TO make the section read'
From and after the passage Of this act shall not be lawful
employ part Of tue Army OF the United states as
a axse ac and Under such
IA employment of said force may be expressly au'ho
ized by the Constitution Of by act OF Congress- etc
Mr.. WINDOW Rep., Mimi opposed the retention OF
the section In any shape. Mr.. KEENAN, (Dem., n. -
said that to say that the army could be used as posse
comatus by United states Marshals without any call
by the Governor OF State as authorized by the consul
tntiOn would be to assert claim which would over
throw our institutions to say that Marshal could
order the army about election places as posse eoma
tus would be destructive OF our liberties Mr BLAINE
rep Mel said that the only way that the army Is used
now as a posse comitatus IS TO aid the revenue
officers Mr.. EDMUNDS rep, W. opposed the section
AS general legislation, and said II would be ratner sng
lar TO say the army Of the United states shall not DO
used for the purpose OF executing the laws.
Mr. MERRiMON Dem, N c. said that this section,
amended as proposed would not prevent the proper use
OF the army. - A., ,,.,u 49,,
Mr. Edmunds. The former said 1t was the duty OF
every law officer every State TO enforce United
in which ie might hive Mr.. EDMUNDs said he wished