National Republican., 1879-04-04
F0RTY-SIXTH CONGRESS.
Sharp Debate in the House on the
I.. Army Bill. I'D
The New Hampshire senatorship-Two Re-
ports submitted-Proctor Knotts Apol.
ogy for Mr.. Trye--A Southern Re-
publican Shows the Necessity
for the Law--Mr. Black
burns Defense, SC.
SENiTE.


THURSDAY, April 8. 1870.
The following. named bills were introduced and
referred;
BY Mr. WiTHERs Authorizing the Secretary of
War to erect free bridge near the Three Sisters, in
the District Of Columbia. ...
BY Mr.. ANTHONY; Relating to printing impres.
sons from portraits and vgnettos in the Bureau of
Engraving and Printing
By Mr.. TELLER: Providing for n disposition Of
the public lands III III ...
By Mr. VOORHEES, Authorizing the President to
appoint James Shields, of Missouri, o brigader-
general In the army, on the retired list
Mr.. Kirkwood was appointed member Of the
Committee on Pensions, in the place Of Mr.. Bruce,
who declined such service.
The Senate proceeded TO the consideration Of the
New Hampshire Senatorial election case.
The report of the majority Of the Committee on
Privileges and Elections read II says that the
claimant to seat in the senete-Charles II. Bell
bases his right TOT seat not upon the fact that a
term filled by the legislature Of New Hampshire
had became vacant during recess of the Legisla-
tnre, but upon the fact that the Executive claims
tile right 10 make atemporarynppointment at the
beginning of term which the Leplsahlre has not
undertaken to fll The committee cannot find In
the Constitution an sufficient warrant for such
claim; Applying the rules recognized for the con-
sruction of statutes and constitutional provisions,
they forced to the conclusion tliut the Legisia
tnre alone is empowered to choose n Senator upon
the expiration OF q Senatorial term, and that the
Executive can only make temporary appointments
TO fill vacancies occurring In term which has been
previously filled. Nothing in the history OF the
Senate for the last fity years rs Mt variance with
these views. The power to make temporary ap.
pointments was conferred upon the Executive be.
cause accidents Of death resignation expulsion, or
acceptance of another Office could not be foreseen
or provided for by the Legislature. The committee,
from every view of the case ore forced to the con.
clusion that the vacancy occasioned by the expira
ton of the term of Senator Wadleieh cannot be
filed by Executive appointment, and therefore re.
port the following resolution and recommend its
"Rss0,rtd, That the Hon. Charles II. Bell is not
entitled to seat as Senator by virtue of the mp
pOintment by the EXccutiy of New Hampshire"
The report Is signed by Messrs Salisbury Hill Of
Georgia, Bailey, Herman Houston, and Vance.
The minority of the Committee on Privileges and
Elections (Messrs. Htar, Cameron Of Wisconsin, and
Ingalls,, IN giving their views, say the purpose Of
the Constitution Is to have q Senate always fun
This is the interest not merely of the State whose
right TO elect is In question but of the whole eoun
try, for whom the Senator Is to legiSNte, whose
want he is and TO whom his service is due To meet
the case Of q vacancy happening in the recess of
The State Legislature the Constitution clothes the
Executive with the power Of temporary appoint
ment.
The purpose to keep the representation of the
State always full requires the construction which
authorizes such appointment when the vacancy
happens at the beginning OF term, as much as IT. 1t
happened at any other time. The authority of the
Government is TO appoint until the next meeting
of the Legislature" which, literally construed
would require the Senator SO. appointed to vacate
his seat on the day the legislature meets. Yet the
Senate in iItherance of the contr0lling purpose of
The The btG Cha, bS hs sn be ws 3
retains his scat until the Legislature choose his sue
cessor or adjourn without making choice The
authority to appoint is vested IN the Executive IF
There i no distinction indicated between vacNn-
cies which happen when the term begins and va
cancies which hapen later. There can be no rea-
son suggested for such distinction. II is not the
ending of the term, but the absence from the Office
word E hSppen haS " WhcR expresses M contingency IS
applied. By a line of decisions unbroken, with
one possible exception, it has been held that the
Governor of a State is authorized to fiji vacancy
existing at the beginning of a Senatorial term.
The minority submit that the natural and ordi-
nary meaning Of the language employed, the pur.
pose which the trainers of the Constitution meant
TO accomplish the unbroken current Of decisions
in like cases, and the uniform construction given
10 the same Language when used elsewhere in the
Constitution, and in legislation in like cases concur
IN supporting the Interpretation which establishes
Mr.. Bells claim. The office of Senator is acontinu-
Gus office whom the senator is duly elected by the
Legislature beforehand No vacancy exists within
the meaning of the Constitution. vacancy hap
pens, and only happens when the Legislature has
ihiled to make due election, or the person chosen
declines the appointment, or when the Office once
filed is vacated by death resignation, or otherwise
Mr.. HoAR submitted n few remarks additional 10
the minority report, contending that there Is an
unbroken and unshaken line Of precedonts from
the commencement Of the Goyernment to the pres,
vacancy however IL may happen, when the Legis-
lature is not in session.
After remarks from Mcssrs Fdmunds and Hlll
(Ga) on the constitutional question involved. the
further consideration oil the subject on motion OF
Mr. Saulsbry was postponed until Monday.
Mr. PADDOCK introduced Il JOINT resolution au-
thorizing the appointment of four Senators and
four members of the House Of Representatives as
commission 10 devise plan for the reconstruction
Of the Department of Agriculture, with view Of
extending its Jurisdiction and increasing its eili-
cheney, with power TO send for persons and papers,
and 10 report at the next session of Congress-
Also hill to establish National Board of Agri-
culture. Referred TO the Committee on Agricul.
ture. . H..
Mr. HEREFORD gave notice that on Monday he
would call up tho resolution OF Mr.. uoar, con-
dcmnatory of the Democratic policy in order TO
express his views upon 1t.
The Senate (at twenty minutes TO two O'CLOCK
went into executive session, and when the doors
were opened adjourned till Monday.
HOUSE OF REPRES ENT1TIVES.
The House. at 1906, went into Committee Of the
Whole (NIr. Springer In the chair on the army ap-
preparation bill.
Mr.. KNOTT took the floor, and said that the ques-
ton under discussion involved the most important
principle that had ever challenged the attention OF
the American Congress-a principle paramount TO
every conceivable consideration Of party eXpedi-
ency-a principle in which every freeman in the
country, whether Republican or Democrat, had q
vital nterest-a principle which lay at the founda-
ton of all political institutions and upon which
their purity and perpetuity depended; in word
n great fundamental principle of republican lib,
crty that the ballot-box should be protected from
the slightest approach OF military power and tho
voters left absolutely free in exercising at the polls
the high perOgative of sovereign citizens.
ua nuntal from n luW CnnCted in the reign OI