Evening star. [volume] (Washington, D.C.) 1854-1972, 1879-04-03
THURSDAY, April 3.

By Mr. W1tnerS:-AuthOrHing the Secretary
of War to erect free bridge near the Three Sis
tiers, in the District Of Columbia.
By Mr.. SaunderS:-GranttBg hOmeSteadS to
the Santee Indians, In Knox County, Nebraska.
By Mr.. .Anthony:-Relatlng to printing ln.
pIessions from portraits and vlgnstte5 in the
bureau OF engraving and printing.
BY Mr.; r;Teller:-Providing for disposition Of
the public lands
to appoint James Shields, of Missouri, a orfga-
d1er general In the army, on the retired list
BY Mr.. Walker-To carry into effect the ten b
article OF the treaty with the Potawatamie In
MIR. KiIkwood was appointed a member Of
the committee on pensions, In the place OF Mr..
Bruce, who declined such service.
Mr.. WitherS presented the memorial OF the
general assembly of Virginia, asking for the
adoption OF speedy measures to prevent the
spread Of cattle diseases.
Mr.. CockIen presented the resolutions OF the
general ass emily OF Missouri In favor OF pen
sioning soldiers OF the Mexican war, and the
adoption of a constitutional amendment pre-
venting the federal courts from exercising Or
assuming jurisdiction In causes to which a
county or subdivision of state shall be a
party.
The Senate proceeded to the consideration of
the New Hampshire senatorial election case
The report OF the majority Of the commiJtee
on privileges and elections was read IL says
that the claimant to seat in the Senate
Charles II. Bell-bases his right to seat, not
upon the fact that a term filled by the iegiS.a-
ture Of New Hampshire had become vacant
during recess OF the legislature, but upon tue
TACT that the executive claims the light to
make temporary appointment at the begin
Mig Of term which the legislature has not
pDGertaken to ill. The committee cannot find
In the Constitution any sufficient warrant for
this claim. Applying the rules recognized for
the construction OF statutes and constitutional
provisions, they are forced to the conclusion
that the legislature alone is empowered to
choose Senator upon the expiration of Sena-
torlal term, and that the executive can only
IN q niyafff
occurring in term which has been previously
filled. Nothing in the history Of the Senate for
The last nifty years Is at variance with these
views. The power to make temporary appoint
ments was conferred upon the executive, be-
cause accidents OF deaths, resignation, eXpul-
sion. or acceptance Of another Office could not
De foreseen or provided for by the legislature
The committee, from every view of The case,
are forced to the conclusion that the vacancy
occasion ed by the expiration OF the term OF
senator Wadiefgh cannot be filled by executive
appointment, and therefore report the follow
Ing resolution and recommend its passage:
Resolred, That the Hon. Charles II. Bell is not
entitled to seat as Senator by virtue of the
appointment by the executive OF New Hamp-
The report is signed by Messrs. Salisbury,
Hfll Of Ga, Bailey, Herman, Houston aud
Vance.
The minority OF the committee on privileges
aid elect1ons-MeSsrS. Hoar Cameron of Wis,
and 1ngalls-fn giving their views, say the pur-
pose OF the constitution Is to have state
always always full. This is the interest not
elect is In question, but Of the whole
country, for whom the Senator Is to legsl ATE,
in whose service he is, and to whom his service
Is due. TO meet the case OF a vacancy happen
Ing In the recess OF the state legislature the
constitution clothes the executive with the
power OF temporary appointment. The purpose
full requires the construction which authorizes
such appointment when the vacancy happens
at the beginning OF the term, as much as If It
happen at any other time. The authority of
the governor is to appoint 'until the next meet
Ing Of the legislature" which, literally con
strued, would require the Senator so appointed
to vacate his seat on the day the legislature
OF the controlling purpose of the con-
stitution that the place shall be always full,
has uniformly held that the >enator so ap-
pointed retains his seat until the legislature
choose his successor or adjourn without making
q choice.
The minority submit that the natural and
ordinary meaning OF the language employed,
the purpose which the trainers OF the ConsIi5u-
tion meant to accomplish, the uhbroken current
OF decisions In like cases, and the uniform con-
struction given to the same language when used
elsewhere in the Constitution, and In legislation
in like cases, incur In supporting the 1nterpre-
tation which establishes Mr. Bell's claim.
Mr.. Hoar submitted few remarks additional
to the minority report, cOntendug that there is
all unbioken and unshaken line OF precedents,
from the commencement TO the present time,
supporting the act OF a governor filling va
cancy, however 1t may happen, when the legiS-
1at1Cn Is not IN session.
After remarks from MeSsrS Edmunds and
Hill (Ga.} Oh the constitutional question in-
volved, the further consideration OF the subject.
on motion OF Mr. salisbury, was postponed
until Monday.
On motion Of Mr.. Bayard, 1t was resolved that
when the Senate adjourn 1t be to Monday.
Mr.. Paddock introduced toint resolution.
authorizing the appointment OF four Senators
and four members OF the House OF Representa-
tlves, as commission, to devise plan for the
reconstruction OF the Department OF Agricul-
ture, with view of extending its jurisdiction
opnd increasing its efficiency, with power to
send for persons and papers, and to report at
the next session OF Congress. Also, bill to es-
tablish national board of agriculture. Re.
ferred to the committee on agriculture.
The Senate, at twenty minutes TO two o'clock,
Vent into executive session, and when the doors
were opened adjourned till Monday.
HOUSE.-The House, at 1905, went into COM
mittee OF the whole {Mr. Springer in the chair)
on the army appropriation bill.
Mr.. Knott took the floor, and said that the
question under discussion involved the most
important principle that had ever challenged
the attention Of the American Congress. A
principle permanent to every conceivable con-
sideIatiOn OF party expedient. A principle in
which every freeman In the country, whether
republican or democrat, had vital interest.
4 principle which lay at the foundation OF all
purity and perpetuity depended; in a word, a
great fundamental principle Of republican lib-
erty that the ballot box should be protected
from the slightest approach OF military power,
snd the voters left absolutely free In exercising
at the polls the high prerogative of sovereign
citizens. He quoted from a law enacted in the
reign Of George l., prohibiting the presence OF
the troops at the polls, to show the desire
which had always been shown in England to
have the elections free. He had hoped that \
question involving such great principle would
have been debated with caimnesS and fairness,
but he had been disappointed, particularly
with the speech Of the gentleman from Maine
{Mr. Frye. He had never listened to a speech
with such feelings OF profound regret. He
regretted it not because it Injured him Or hts
party, but because OF the high estimation he
had of that gentleman's legal mind, and be-
cause OF the extraordinary personal attach
ment which he entertained for him aud which
he sincerely trusted was reclprOeated. But he
must ce permitted to say, in sorrow and not in
anger, that while it might have been appro.
PIRATE for the small fry OF that gentleman's
party at the cross roads or around the stoves
Of village bar-roomS, 1t was unjust to
his (Mr. Frye's) genial and generous nature as
q man, to Indulge in line OF remark which
could have had no other purpose than to wound
the feelings OF gentlemen who had always en-
tertained friendly feelings toward him.
AFTER A ROMANTIC MARRIAGE.-A telegram
from Hartford, April l, says:-Fredeiick shep-
ard and his wife, the daughter Of ex-Goy. Hub
bard, St1ll remain In this city. The Montreal
dispatch announcing their journey westward
was incorrect. There is no disposition to make
any negotiations, though Shepard and his wife
"a No. Glad 1o -