Evening star. [volume] (Washington, D.C.) 1854-1972, 1880-05-20
FORTY.SIXTH CONGRESS.
THURSDAY, MAY 20,

Morgan, from the select committee on counting
the electoral vote, reported, with amendment,
the bill introduced by him to enforce the Ob-
serVance OF the constitution OF the United States
in reference to elections of President and Vice.
PRESIDENT OF the United States. Placed on the
calendar.
Mr.. Ednunds stated that he and Mr.. Teller
were unable to concur In the report Of the ma
jortty OF the committee.
Mr.. Morgan from the same committee, re-
ported adversely On the bill introduced by him.
providing that the President of the Senate shall
submit to the Senate and House of Representa-
t1ves, when assembled to count the votes for
PRESIDENT and Nlce-PreSfdent all packages pur-
porting to contain electoral votes. Indefinitely
postponed.
Mr.. Morgan introduced bill to remove the
political disabilities of John 81. Forney of Ala.
The Senate proceeded to consider the calen.
dar. The first bill was the one establishing a
retired list for rnon-commiSsioned army officers.
The pending question was on Mr.. Dawes
amendment, requiring the President to appoint
yearly hVe cadets at large at West Point. This
was offered as an amendment to Mr.. AlliSOn'S
amendment requiring the yearly appointment
OF two c0lOred cadets.
Mr.. Kernan understood there were now more
graduates from West Point than could find
Mir. Anthony thought Mr. Dawes amendment
would defeat the object OF Mr.. Allison'S amend
ment.
MIR. Dawes amendment was rejected viva
vOce
MIR. Allisons amendment was then rejected
yeas 15 nays 81.
All the yeas being republicans, and Messrs.
Booth, Dawes Jones New, Paddock, Hoar and
Teller voting with The democrats, in the mega
tive.
Mir. Hoar offered an amendment providing
that In appointment OF cadets at West Point,
whether trom Congressional districts or at
large, the President shall see that no undue
preference is given to any class OF citizens On
account of race.
MIR. Salisbury asked if it was intended to
confer ON the President the control OF appoint
mentS from Congressional districts
MIR. Hoar though he had that control now
The recommendation by congressman was
merely customary. There was no law author
izing it. He knew of one case where colored
boy was recommended from a Massachusetts,
list and the President refused to confirm him
because he did not pass the examination.
Mr.. salisbury said it appeared then that
there had been an unlucky attempt to force in
competent colOred boys into West Point, and it
now seemed that one such attempt had re-
suited in the cadet muttlating himself because
he feared an examination. In further remarks
he intimated that this agitation in favor of col
ored cadets was gotten up for campaign pur-
poses. The people would not be deceived.
There was no more kindly feeling for the COL
Ored race on the republican than on the demo-
cratic side OF the Senate.
Mr.. HOar said the Senator from Delaware was
court martial, in dragging before the Senate
his suspicious. The wish was probably father
to the thought In this case. But the cOlored
race would be slow to believe that the men who
,,
them equal citizens, are hypOcrites In pretend
ing to be their friends, and that those who re-
sisted those measures were their real friends.
He alleged that the laws of Delaware not only
recognized race distinctions, out did not pro-
vide protection for black men.
MIR. Salisbury replied that there was no state
where negroes were better protected than in
Delaware. There was positively no discrimna-
Mr.. Hoar said the laws left them entirely to
the marvellous sympathy referred to by the Sen
ator from Delaware
Mr.. MaXey thought the amendment foreign to
the purpose OF the bill, which was to provide
just reward for deserving officers The present
laws respecting cadets allowed appointment OF
cOiored bOyS II they were competent. The Pre-
sident had the right to select them, and there
was no law discriminating between races This
amendme MT recognized race and compelled the
President to recognize it. He was therefore
opposed to it. He favored competitive eXam'-
nation and letting the ablest hoy win regardless
OF color.
Mr.. Morgan said Mr.. Hoar had assumed that
the southern men had voted against the 18th
amendment and opposed emancipation. He
showed that in the Alabama democratic con-
yentlon, before reconstruction, resolutions
faV0rlng emancipation were adopted. The only
man who voted against it afterWard turned re-
publican, and received the support OF the negroes
against whose freedom he had voted He
thought such facts initiated against Mr.. Hoars
assumption.
Mr.. ingalls, said the available time for days
had been wasted in talking upon amendments
tIldC udu uO TelepdiCe uO tQe Dill, and unless
vote could be taken now he would object to the
Dill and prevent 1t from longer impeding the
dispatch of business.
Mr. Hoar's amendment was rejected by par
ty vote.
Mr.. Kirkwood moved to add to the bill, that
when an enlisted man has served as such nfteen
consecutive years in the army honorably and
faithfully, and the last five years thereon as a
non-cOmmiSsiOned officer, he shall be eligible
for appointment as second lieutenant in any
corps OF the line in which he has served. He
wished to hold out to pr1vateS the prospect OF
honorable advancement. The amendment was
adopted.
The bill was read third time and passed
TO a accommodate MI Garland the calendar
upon the Kellogg resolutions. Referring to
Mr.. Blaine'S assertion, that there was an agree
ment by which Kellogg was seated on the
his seat Mr.. Garland read the record Of the
proceedings at the time referred to.
Mr.. Garland had inquired What is toibe done
with the other case:" Mr.. Blaine evidently sup
posed that Mr.. Buffers case was referred to,
but Mr.. Garland explained that he meant the
Eustis case. The agreement on that night was
seemed interminable. by coming to "a vote. o.
There was no bargain, so far as MI. Garland
knew. II was an ordinary ending Of debate
the resolutions, Mr.. Garland said Something
was undoubtedly settled by the action of the
Senate In seating Mr.. Kellogg, but he could not
na tn ay tne acon th o 10 The proper time
year ago. when the proposition to reopen the
case was made. The Senator from Wisconsin
(Mr Carpenter) did then argue against a re-
hearing, but the Senate decided against him
The seating OF Kellogg was ION the merits of
his credentials. but the decision did not cover
charges OF bribery and corruption. The newly
discovered evidence and new charges warranted
rehear1ng, even under the principle of res ad-
Juafcdto. Among the authorities quoted on this
point was the decision OF the Supreme Court In
racket Company VS.. Sickles 18th Wallace, 592l
that on plea OF res Gdjudicdta it must be
SHOWN that the former decision showed that It
was necessarily made, on full knowledge of the
Iacts, urged on the application for rehearlng
But MI. Garland would not rely entirely upon
STRICTLY legal arguments. This was not uiles-
tlon Affecting the rights of individuals but of
states. Although res adj,tdicota was legal
phrase, 1t represented something observed In
all the transactions OF life; there must be settle
menJ or controversies. But 1t was Insisted
upon TOO far In the Senate. Ii any material fact
Is SHOWN TO have been excluded from the first
trial the Senate cannot be concluded from de-
cldlng the case again on the new facts.
sHOUSE.-Mr. Page presented memorial OF
the San Francisco board of trade, representing
$4,000, 900 OF capital in favor of an interoceanic
canal Referred.
THE DISTRICT CODE
ne House then resumed the consideration
OF Inc Dill to regulate the municpal code of the
DISTRICT OF Columbia, which came over as nm
nnlshed business from last nights session.
separate vote was demanded on the amend
menu requiring t5 per cent Of the annointmantc