The New York herald., 1879-03-19
PROCEEDINGS OF CONGRESS.

The galleries Of the Senate were crowded long be
forc the hour Of noon, at which time the Vice Presi-
dent called the Senate to order and the Rev. DR..
Sunderland, the chaplain. delivered a prayer re-
turning thanks for the favorable auspices under
which the Senate had convened and invoking the
special blessing Of the Almighty upon Congress now
assembled.
The proclamation Of the President Of the United
States giving his reason for convoking Congress in
special session, then read by Secretary Gorham
namely the failure Of the late Congress pass the
bill making appropriations for the support of the
Legislative, executive and Judicial branches Of the
government and the Army Appropriation bill.
The VICE PRESIDENT then directed the Secretary to
call the names Of Senator'S elect who could take the
oath Of July 1862 and requested them to present
themselves four at time which they did, being es-
corted to the chair by their respective colleagues
In accordance with this order the fol-
lowing named Senators took what is COM
namely. that they not engaged in the rebellion
or give aid comfort to it, and that they would
support the constitution Of the United States =
Messrs Allison, OF Iowa. Cameron of Pennsylvania;
Carpenter, of Wisconsin; Conklipg, of New York |;
Farley OF California; Groome, Of Maryland Hill. Of
Colorado Ingalls,, OF Kansas; Jones, of Nevada;
Logan, Of Illinois, Morrill, OF Vermont; Pendleton,
OF Ohio Patt of Connecticut; Slater OF Oregon and
The following named Senators then respectively
took the modified onth-na,nely, to support the
stituton Of the United States against all enemies.
foreign and domestic taking 1t without mental
ervation; and further. that they would faithfully
discharge their duties undor it-Messrs CALL Of
Florida; Houston. OF Alabama; Jonas. of Louisiana;
Vance. of North Carolina; Vest. of Missouri. and
Williams OF Kentucky.
Mr.; Hampton. ldcni.l of s. G.. was not present.
AFR Gordon Of Georgia. also absent az his Gre
dentias, having beon somewhat informal, were re-
turned to the Executive Of Georgia for correction
dentias of Charles H. Bell. sppointed by the Gov
ernor Of New Hampshire during the recess of the
Legislature to MI - vacancy eccSsioned ne by the er-
THE NEW HAMPSHIRE sEHATORsHIp.
Mr.. WALLACE. tdeml of Pa, moved that these Gre
dentias be laid the table until tomorrow. His
reason for doing SO that grave legal question
was presented to whether there was such q
vacancy as could bc filled by the Governor.
The subject should, therefore, engage the
careful consideration Of the Senate. He
withdrew the motion temporarily to enable
statement. He submitted al the precedcnts he could
| fud from the commencement OF the government to
the present tine showing that in nine cases. under
circumstances similar 70 she present, senator's ap
pointed by Governors during the receas OF their re-
| spcctivs Legislatures he'd been admitted withou,
objection he expressed the hope that altar those
precedeuts the oath would bo administered to Mr.
Bell The Senate could examine into the question al
The act OF Congress Of July o5 1885, requires that
Senator'S shall be elected by the Legislature choser
| next preceding the expiration Of any term.
by reason OF o change in the constitution Of New
Hampshire. which took effect October l. 1878, two
legislatures were chosen in the year 1B7S-one in
March under the Old constitution, whose term o
office commenced in June. 1873, and will continue
| TO June, 1879. and the other in November, whose
term Of Office Will not commence till June, 1S79 and
will continue to June, 1881.
Upon bill being introduced into the Senate of tho
United States in Juno. 1875 to define which of these
two legislatures had the power to elect successor
| to Mr.. Wadeigh, the Committee on Privileges and
Elections made report NO. 4S5j that only the Legis
| lature chosen in November 1873. had that power
which report was adopted by the Senate Tho Legis
lature chosen in March thereupon took no steps tc
| elect successor to Mr.. Wadleigh
But the Legislature chosen In November, 1878. can
not be assembled until june 1875 therefore March
1879, when the vacancy occurred there was Legis
laturo in being or capable Of being assembled with
| the power to elect Senator.
On the principle of Sewers case, therefore, tho
| Governor had the right OF appointment.
Mr..wALLAcE. OF Pennsyivania. renewed his motion
saying he followed the precedent in such cases,
the question having been taken the credentials were
| laid on the table until tomorrow.
On motion OF Mr. THURMAN, Of Ohio, Il was re
solved that tho Secretary inform the House of Repre-
sentatves that quorum Of the Senate had assembled
| and were ready to proceed to business.
On motion Of Mr.. BAYARD. of Delaware, IL was 10
solved that . committee OF two members be ap
| by the House of Representatives to watt on tho
President of the United States and inform him that
quorum Of both houses havo assembled and are
| ready to receive any communication he may bt
| pleased to make.
The vIcx PRESIDENT appointed Mcssrs. Bayard. OF
Delaware. and Anthony. OF Rhode Island. snch
| On motion Of Mr.. WHITE. of Maryland, IL was or
dcrcd that tho daily hour OF the meeting OF the Sen
shall be twelve o'clock. until otherwise ordered
On motion of Mr.. WHITE the senate took recess
from hslf-psst twelve to o'clock
On reassembllng MT. WHITE said. from ipforma
tion received from the House OF Representative
rcscntativcs would organize before three or half
three O'Clock. He therefore moved that the Senate
adjourn until tomorrow, and this was agreed 70 a
hve minutes past one o'clock.