Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1878-06-18

provision in the appropriation bill to do
that which would hereafter be claimed to le-
galize it. He hoped that the fervency with
which he had spoken would not lead anyone
to infer that he questioned the undoubted
right OF the President to decide whether
troops should be employed in Louisiana or
not; but he did say to the senate that the
| sending of FIVE tourists visitors to Louisl-
ana, and allowing them TO remain there to
| cOnsummate that which they did, was, in his
Judgment, not only behind the law, but be-
side the law and IN violation of the law.
Senator Thurman referred to the condition
| OF affairs IN Louisiana existing IN the spring OF
| 1877, and said that it was admitted on all
hands that there was not quorum In the
| Packard legislature. In point of fact, there
was but one legislature and but one governor.
| Packard and his Legislature were protected by
| the bayonets Of the Federal army. He denied
that the President of the United States sat as
a court of last resort to determine contested
| elections. He did not agree with the idea
| that when the people of State elected a
man governor the opposite party could take
an appeal to the President to overturu the
| rightful government of a State. 1t was the
duty of the President to find out what gov
eminent he was to recognize, 1t being in the
vacation of congress.
Senator Conkling inquiredif the senate was
under the five-minute rule. The senator from
Ohio was moving on to discuss tbs question
(Conkling) was willing that the senator
should proceed.
Senator M'AIillan argued that Federal
| troops took no part in the Louisiana difficult
ty, that they only preserved the peace; they
abstained from taking sides of either OF toe
| claimants, but kept the mob quiet which
| threatened the statehouse.
Senator Eustis denied there was any mob in
| New Orleans to threaten Packard or his
legislature. AT no time was there any inten
| ton on the part of Governor Nichols to drive
them out of the building which they occupi-
ed, and they might have remained there
| until to-day.
| Senator Kellogg said that he did not pro-
| pose to mix in this discussion as to whether
| there was mob or not. There was one
| point to which he desired to call attention,
| and that was that the Packard legislature
| was the legal legislature of the State. 1t
| met as constitutionally required. He (Kel-
| logg) happened to be governor at the time.
| There was a legal quorum In the Packard leg
| islature, recognized by him. In the lower house
| a full quorum was admitted to have been
! elected on the face of the returns. In the
| senate there was not quorum, except by the
| certificates of the returning board. There
was not an officer in the State who did not
recognize him as governor, and the legisla-
| ture which he recognized was the legal and
constitutional one.
| Senator Window said if this debate was
| 10 oACSnu throughout the forenoon ne WOOlu
| withdraw his amendment Several senators
| objected, and Senator Anthony, in the chair,
ruled that the anne ld uent could not be with
drawn.
| Senator Blaine said he did not think the
| President had any right to send five men to
New Orleans to take enough men from the
| lawful Legislature to recognize Nichols as
governor. He (Blaine) made use Of a re-
| mark in the senate three days after Hayes
was inaugurated, to the effect that if the Pres
Ident was elected Packard was elected, and
there was no one to throw doubt on Governor
Packard's title except Hayes himself. There
was no effort at all made by the commission
to get legislature to recognize Packard.
Now there was demand that the men who
threw into chaos the affairs of louisiana men
who were authors of all the mischief enacted
since, should be paid for it. He, for one,
would not vote for such an amendment. Re-
ferring to the remarks Of Senator Eustis, he
said the governor of Louisiana sat in his chair
to-day on account of a mob, having been
placed there by a mob. According to the doc
trine laid down by the senator from OHIO
| (Thurman) Abraham Lincoln could not have
taken his seat in 1861, because the whole city
of Washington was against him. Could
| Scott have stood in front of this capitol with
battery of artillery to keep down the Dem
ocratic mob?
Senator Sargent said that at this hour and
at this stage of the session the senate could
not afford to discuss the Louisiana question.
He therefore moved to lay the amendment on
the table, but withdrew his motion at the re-
quest of Senator Beck, member of the COM
mlttee on appropriations, who read letter
from Secretary Sherman urging the appro-
priation and citing precedents for it, and then
argued that the President has the right to
exhaust all peaceable means to settle the diff
fculties in Louisiana before resorting to mil
itary power If the President believed it was
best to send those people there, if he believed
the good of the service required 1t, 1t was
mean in congress to say 1t would not pay
their expenses when they went in good faith
Senator Sargent then renewed his motion
to lay the amendment ON the table, and it
was agreed t0-yeas, 81; nays, %.
I'm the House.
Mr.. Thomson offered preamble and res
olut1on, reciting the depressed condition of
labor and industry throughout the country,
and providing for a select committee, to sit
during the recess, to inquire into the causes
thereof, and recommend remedies therefor.
Adopted.
The consideration was resumed of the TO-
bacco bill-Mr. Carlisle in the chair-the
| pending amendment being that offered by Mr..
| Burchard, imposing tax of onetwenty- fourth
| of one per cent. per month on the average
amount of bank deposits subject to draft or
| check, being a modification of the existing
law on that subject. The amendment was
adopted.
| Mr. Cox IOhiol moved to strike out the
section of the bill relating to banks and bank
ers, together with the amendments cognate;
agreed to-yeas, 1874; nays. III.
| Mr.. Bnrchard (the next section having been
ready said: The bill as originally reported
was one relating simply to the manner of col
| Letting the internal revenue taxes. He had
been intrusted with the charge of that bill,
but since the provision reducing the tax on
| tobacco had been Incorporated IN it, he could
not give it his support. He therefore yielded
| charge of the bill to the gentleman from
| Virginia Tucker, and moved tofiay the bill
| on the table. Deteated-yeas, 1l2; nays, 1856
Mr.. Phillips offered an amendment abol-
| ishing the tax on lucifer and friction matches
after the first Of January, 1879. Adopted
| yeas, 17S; nays, 66.
The last section of the bill having been read,
| Mr.. Banning offered as a substitute an
amendment providing that the word gal
Ion, !" when used in regard to lager-beer, ale,
etc, shall be held to mean wine gallon, the
| liquid measure containing two hundred and
twenty-one cubic inches. Adopted.
l The consideration Of the bill having been
| completed, Mr.. Tucker demanded the previ-
! GUS question on the passage of the bill.
| Mr.. Harrison desired to offer an additional
| section, but he was not permitted to do 50,
calls for the regular order coming from all
parts of the hall.
The previous question having been Sec
| onded, Mr.. Tucker yielded to Mr. Foster,
| who opposed the passage OF the bill. He be-
| lieved the real condition of the revenue would
not permit with safety the passage of any
such bill. 1t was claimed that reduction of
the tax would increase the revenue. In an
| swer to that, the statistics showed constant
| ly increasing revenue under the present tax.
| Congress had increased the appropriations
] this year at least ten million dollars beyond
what they had been last year. The revenue
was falling, yet fIom that falling revenue it
was proposed to take fifteen million more
No one would be benefited by the bill, for
he would tell the manufacturers, who were in
the galleries. and who had lobbied it through,
| that if the tax were reduced now it would be
| restored next year.
Amid a great deal of noise and confusion,
| Mr.. Sayler stated that when the tax was
| lower, the revenues were larger than at pres
| emf.
Mr.. Atkins to Mr.. Foster: Didn't you vote
| for the nine million-dollar river and harbor
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