National Republican. (Washington City (D.C.)) 1872-1888, 1879-04-10
F0RTY-SIXTH CONGRESS.
Amendments Made to the Rules of
The House.
The New Hampshire senatorsIip-The De-
bate Not Conciuded-hIore Information
Called for-The House Rulcs-A
Suspicious Amendment is
the River and Hnrbor
BillReally Aimed nt2
SENATE.

WEDNESDAY, April Q, 1870.
Mr.. GonDoN introduccda bill to aid the Great
Southern Railway Compady in It's construction OF a
road through Georgia and Florida.
On motion Of Mr. VooRnEEs n resolution was
adopted directing the Postmaster. General 10 furnish
TO the Senate his reasons for discriminating postage
rates In the transmission of newspapers through
the mails.
On motion Of Mr. CALL n resolution was adopted
directing the Secretary OF the Treasury TO furnish
TO the Senate n detailed statement of the cxpcnd.
lures for the District and Circuit Courts Of tho
United States for the northern district of Florida
from 1870 TO the present time and the expenditures
connected with elections in that State
The Senate resumed the consideration Of the New
Hampshire Senatorial election case.
Mr. DAVIS ll) briefly addressed the Senate. lie
snid that the Senators from Georgia (Nfr. lI) aud
Wisconsin tNir Carpcntcr) had presented the proper
view of the Constitution MS applicable to the pcnd-
ing case. lie reviewed tho rrcccdcnts on similar
questions, saying the rule in Tracy's case was fol.
lowed until 1920, when different rule was adopted
from which II wOuld not now be julcious 10 de-
Por,. He az not believe vacancy Ind occurred
III the constitutional sense, which justified the Gov
ernor in making temporary appointment. rs no
person had been elected by Tic Legislature aud
served any part of the six years term SO as to ina
vacancy by resignation or otherwise.
Mr.. CAMEnoN tWs.). Of The minority Of the Com
miltce on Privileges aud Elections; spoke in favor
of the admisslon of Mr. Bell arguing the legal as.
poets of the case lie had hoped. he said, tint the
Democratic members Of The committee would como
over To the minority Of the committee.
-, Mr.. HILL tGa.) replied there was one difficulty
To do SO they would be obliged to set aside the
Constitution.
snch was the view of the Senator but there were
some excellent lawyers here who differed with
him.
Mr.. MCMILLAN gave his views IN support of the
admission of Mr. Boil. Under the new constltu-
ilon OF New HAMPSHIRE Legislature was chosen
~ November 1878, for n term to begin in June 1879
Ihnt Legislature cannot elect Senator until June,
isOl because by the constitution of the State its
legislative powers will not vest till then. Its pre-
n WHIT Ito ogt
md cannot now If called together in special ses.
sion, because 1t was not the Legislature last chosen
further argument Mr.. Mcmillan alluded to the fact
That no state can be deprived Of its equal suffrage
N the Senate without its own consent. The va
cancy which the Governor proposed TO fill was
caused in the manner already stated and not he.
cause of any default on the part Of the people of
Mr.. MCDONALD, In arguing the question before
me Senate, said he believed The appointment of
mr.. Bel came within thc spirit aud letter Of the
admission.
- Mr.; JoNEs (Fla) also spoke in favor of admitting
Mr.. Bell. Independently of all precedcnts the
Constitution made each House the judge of the
election returns and qualification of its members.
;, Mr.. DAWES remarked he was quite certain that
IT the Legislature of New Hampshire had been pre-.
vented from choosing a Senator twas owing to the
unfortunate phroseology Of the net OF Congress on
that subject; and, after further remarks said he
would vote for Mr., Bells admission.
Mr., EATON said he could not vote to seat Mr.. Bell
without doing violence TO his honor and violating
every constitutional opinion he entertained and
therefore he never would, nor could he do it..
MI. CoNKLING wished TO put in one word of dis
claimer He had heard 1t asserted here that the
senate had declared that the existing Legislature
Of New Hampshire had no powcrto elect Senator.
lie denied that the Senate had so declared, and he
wished to say, specifically and individually, that
nc had never made such declaration anywhere.
That Legislature had as much power to elect a SEN
ntor as nny other Legislature had to elect Senator
within the present century,.
Mr., EATON resumng, said he concurred IN what
was just uttered by the Senator from New York
gnd gave additional reasons why he could not vote
Tor the admission of Mr.. bell.
Mr.. SALISBURY obtained the floor for the purpose
OF closing the debate, but yielded 1t to Mr. Bayard,
VINO moved that the Senate proceed to the cOnsid-
Grafton of executive business This (at halEpast
1our o'clocl) was agreed to- and when the doors
were opened the Senate adjourned