Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1878-06-09
Senator Spencer Wants to Get Up AnOth-
er InvestigatiOn-The Texas Pacific
Bill Laid Over till December
Steamship Service with
Foreign Countries.
The Twenty.ninth Section of the Army
Bill Amended by Striking Out the
"Penalty'' Clause-Ain't that
Bill Dead, or Do we Know!
I'm the senate.


illegality, intimidation, violence, and other OBJ
stacles to free and honest suffrage occurring at
said election in the States of South Carolina,
Florida and Louisiana, and also into all SINH
lar charges which said committee may deem
of sufficient gravity concerning said election
in Alabama Mississippi, Oregon, or any other
State; also into all other circumstances which
they may deem expedient to investigate con-
nected with the Presidential electoral count
In the forty-fourth congress; also into all the
circumstances of the dissolution of the legis-
lature aud government of the State OF Lou
isiana, known as the Packard government,
and the establishment of the legislature and
government known as the Nichols govern
ment, and to ascertain whether or not sucn
dissolution of that government and the estab
lishment of another was In consequence OF
any act or transaction occurring prior TO
March 4, 1877, and through what persons or
agencies, if any, such result was accom-
plished; and that said committee have power
to appoint a subcommittee, employ clerks
and stenographers, administer oaths, to send
for persons and papers, examine witnesses,
and to sit during recess with all the powers
of full committee of the senate, and that
the expenses thereof be paid from the con-
tngent fund of the senate.
Senator Bayard-Let that lay over and be
printed.
Senator Spencer gave notice that no would
call the resolution up every day until a vote
upon it should be received.
On motion Of Senator Mathews, the further
consideration of the Texas Pacific railroad
bill was postponed until the first Wednesday
after the first Monday in December next. In
submitting the motion, Senator Mathews
said that, after consultation with the friends
of the measure, he had concluded not to sub
NIT the motion to make it a special order for
that day, as he had previously announced.
Tho rrncIdnnt IN IN
eral senators, said the effect of the motion
would simply dispose Of the bill Tor the pres
ent session, but gave it no priority at the next
session.
The committee on privileges and elections
reported favoraby on the house bills to pro-
vide for the election of representatives to the
Forty sixth congress in West Virginia, Colora-
do and California, land adversely on the senate
bill relating to the election of representatives
to the forty sixth congress in North Carolina,
and the election of a senator in New Hamp-
SHIRE the subject being covered by amend
meDts to the bill above mentioned. Placed
on the calendar.
Senator Wallace presented petition FROM
citizens of Plttsburg in favor of general
law for increasing the steamship service with
foreign countries. Referred.
The resolution recently introduced by Sen
ator Gordon. calling npon the commission OF
agriculture for information In regard to sheep
husblndry and wool production In the south
ern States, was agreed to.
Consideration of the army appropriation
bill was resumed and discussion upon the
twenty ninth section of the house bill forbid
ding the employment of the army as a posse
cOmitafus was continued.
Senator Edmunds said that had this section
been In force in April, 1861, President Lin
coin and his minister of war, and those asso
ciated with them, who undertook to hold
Fort Sumter and protect the property of the
United States, would have been liable to have
been sent to the penitentiary. Again. If any
body should attempt to dispossess the Chief
Magistrate of his office, he would have no
right to call upon the army, as its commander
in-chief, to protect his rights.
The section, as 1t came from the house OF
representatives, reads: From and after the
passage of this act it shall not be lawful to
employ any part of the United States army
purpose of executing the laws, except In such
cases and under such circumstances as such
employment of said force may be expressly
authorized by act of congress"
Senator Teller submitted an amendment to
strike out the word expressly" so as to
read, 'Such employment of said for as
may be authorized by act of congress, " etc.
Senator Bruce, from the committee on
pensions, reported In favor of concurrlng IN
the house amendment increasing the pension
of General James Shields from fifty dollars
per month to one hundred dollars per month.
Placed on the calendar.
The special committee appointed to inquire
into the alleged connection of Senator Math-
ews with the Louisiana frauds, under the
joint resolutions submitted by him, is as fol-
lows: Senators Edmunds, Allison, Ingalls,,
Hoar, Davis Ill. ], Whyte, and Jones Fla.
By a vote of IS yeas to 2 hayes, bill was
passed modifying the contract with James b.
Eads for the construction of jetties at the
South pass of the Mississippi river.
The negative votes were Senators Burnside
and Howe. The bill provides that the pay
ments to Captain Eads shall be advanced, on
certain conditions, In monthly payments, not
thousand dollars, ano also provides for a
commission of five army engineers to ex-
anime the work.
Senator Whyte moved to insert the words
''wilfully and knowingly" so as to provide
that ANY person wllfully and knowingly vio-
lating the provisions of section" etc.
Agreed to.
Senator Copkling SAID he might be per-
mitted to say, speaking for the present adj
ministration, it had never expressed an
intention to do anything which would demand
from any senator penal statute. or anything
10 the shape of menace of this kind. He
[Conkliugl hoped that no Chief Magistrate,
no commander of the army or the navy, would
ever take 1t into his head that he mad right
to use the army and navy, except as the law
provided. Should any such intention be
shown, and he [Conklng] was in any posi-
ton of power or authority, he would vote to
chastise such commander.
The question being on the motion to strike
out the section as amended, 1t was rejected
yeas, 81; nays, 20.
Senator Blaine moved to strike out the lat
ter part of the section, as follows: And any
person willfully and knowingly violating the
provisions of this section shall be deemed
guilty of misdemeanor, and on conviction
thereof, shall be punished by fine not exceed
ing ten thousand dollars, or imprisonment
not exceeding two years, or by both fine and
Imprisonment" Agreed to-yeas, 25; nays,
"a
The section, as retained IN the bill, reads:
From and after the passage of this act 1t
shall not be lawful to employ any part of the
army of the United States as posse cOn3itd-
tus, or otherwise, for the purpose of execu-
ting the laws, except in such case and under
such circumstances as such employment OF
said force may be authorized by the constltu
ton or by act of congress; and no money ap-
propriated by this act shall be used to gay
any of the expenses incurred in the employ
ment OF any troops In violation OF this sec
tlon."
Amendments were agreed to authorizing
the secretary of war to expend eighty thou
sand dollars of the one million one hundred
thousand appropriated for quarters, etc, in
the erection of suitable buildings at Omaha,
and increasing the appropriation for the
manufacture of arms at the national armo-
ries from one hundred thousand to one hun
dred and fifty thousand dollars.
The bill having been considered in COM
mittee of the whole, was reported to the sem
ate, and the amendments made In committee
of the whole were concurred in, A separate
vote was demanded by Senator Merrimon on
the amendment providing for commission
to consider the expediency of transferring the
Indian bureau from the interior to the war
department, and it was concurred in-yeas,
A; nays, 9.
The bill was then read third time, and
passed.
The river and harbor hill was then taken
up, and dismissed with the understanding
that 1t should be unfinished business Mon
day, and bill passed approprating five and
a half million ddllars for the payment of the
award made by the fisheries commission.
Senator Window, from the conference COM
mittee on the military academy appropriation
bills, submitted report, which was adopted,
and the bill passed
The house bill in regard to Diminishing
graduates after all vacancies in the army
shall have been filed was amended so as to
take effect July l, 1882. Every cadet enter
ing the academy hereafter does SO with the
I1Ddarafapdipr tbot no would he dismissed