Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1880-04-23
FORTY-SIXTH CONGRESS.
Second SESSION.
The Senate.

bridge across the Detroit river. Referred.
Senator Morrill, submitted resolution in
structing the comm ;ttee on printing to tax
such measures as shall exclude from the Con
greSSional Record what purports to be the copy
which appears in the Record to-day, but wasn'
in fact ever delivered IN the House.
Senator Salisbury thought, the House hav
ing authorized the poem to be printed, thu
Senate couldn't, in courtesy. interfere.
Senate Morrill, said the Senate would have tt
bear part of the reputation, good or bad, oi
authorizing this production.
Senator Hamlin said the committee on print
ing was joint committee, and nothing would
be done without consulting the House. He
exclusion of speeches and other productions
not actually delivered in Congress.
Senator Morrill, said since offering the resolu.
tion he had learned the House was considering
the natter. He should, therefore, withdraw
the resolution.
On motion of Senator Voorhees,, the bill i'll
troduced by him permitting Elias O. Bandinot
of the Cherokee nation, to sue in the court OF
claims for damages to him by seizure of his
property by revenue officers, was taken up and
Voorhees, spoke in favor of the bill.
Senator Harris presented the petition of the
German society, of New York, praying for pro-
lection to emigrants. Referred.
Senator Maxey, from the committee on post
offices and post roads, reported, with amend
ments, the post route bill, Laid on the table
to be called up.
Senator Salisbury gave notice that as soon
as this bill is disposed of he will call up the
Kellogg-Spofford report.
The morning hour having expired, the SEN
ate resumed consideration of the army bill.
Senator Withers, who reported the bill, said
while the bill es it came from the House didn' t
exactly meet the views of perhaps a majority
of the Senate committee on appropriations,
they had decided not to propose any amend
ments in view of the fact that the session was
far advanced and but one appropriation bill
had been passed. The committee didn't wish
to take any action likely to delay the passage
of the bill, which was then read, but the read
ing was interrupted by message from the
President informing the Senate the heirs of
Thomas Jefferson desired to present to the
United States the desk on which the declara-
tion of independence was signed. The Vice
President also laid before the Senate the Joint
resolution passed by the House accepting the
gift in the name of the nation, and thanking
the donors. The joint resolution then passed
without division and reading of the
army bill was resumed. Section 2 pro-
vides that no money appropriated in
the act is to be paid for subsistence,
equipment, transportation or compensation of
any portion of the army to be used as police
force to keep peace at the polls at any election
held within any State, providing that nothing
In this provision shall be construed to pre-
vent the use of troops to- protect against
domestic violence in each of the States on ap-
plication of the legislature or executive there
Of
Senator Blaine moved to strike out the Sec
ton Rejected. Yeas 20; nays %, a party
vote, Senator Davis, Illinois, voting nay.
Senator Blaine moved to add to the section
the following: Provided. further, that any
person who shall carry deadly weapon of
any kind, openly or concealed, at the polls at
any election for representatives in Congress,
shall, on conviction thereof, be punished by a
fine of not less than $500 or more
than $5, 600, or by imprisonment not less than
six months nor more than five years, or by both
in the discretion of the court.
Senator Wlthers raised the point Of order
that the amendment was out of order, as beiGg
new legislation, not proposed by any commit.
tee or recommended by the department.
Senator Blaine-It is germane to the section.
1t does not appropriate anything.
The Vice President-The chair does not
think the amendment in order, but not upon
the grounds stated by the Senator from Vir-
ginia. The chair thinks it general legisla.
tion.
Senator Blaine-No more general than legis-
lation in the bill. 1t is germane amendment
and was ruled in order last year upoa precisely
the same circumstances, in precisely the same
language, and by precisely the same presiding
officer.
The Vice President-Not by the present en-
cumbent of the chair.
Senator Blaine-BefOre the chair Announces
the rulirp I he0 fo cav that ,f II xuora M
pendent piece of legislation, which l arose, as
member of the Senate, TO propose to an appro-
priRtiOn bill, then the hanorahle Vice President
would be strictly in order, bat here comes a
piece of Independent Legislation. in no wise
connected with an appropriation f,r the army.
general law, prescribing wha. is right and
prohibiting what is wrong. Now,
to that. in exactly the same
line, and further modifying and
enlarging the precise provisions which the
House sent to US, l offer that amendment. 1
beg the attention of the Hon. Vice President
to this, that if he rules that out he will not
only take from the Senate the right to move
independent legislation, but it will take from
the Senate the right to modify in the least
degree any independent legislation sent us by
the House. We will have to take it lust as the
House sends it or not take it at all.
The Vice President-The chair must admin
lister the rules of the Senate as he finds them.
The frat paragraph of the twcnty-ninth rule
provides that no amendment which proposes
general legislation shall be received to any gen.
eral appropriation bill. This amendment Gre
ates new offense, and the chair rules that it
is general legislation.
Senator Blaine-The piece of legislation in
this section came from the House last year and
my amendment was offered. l have the i'm
preston that the Vice President then ruled for
its admission, but if not 1 stand corrected.
have been steady advocate that the subject of
legislation on appropriation bills ought to be a
matter of Joint rule and understanding be-
tween the two tuses and restricted bv precise
ly the Same limitations as in BOTH Otherwise
the two houses are unequal In their powers of
legislation. But they have never been so uu.
equal as the decision of the Vice President will
make them.
The Vice President-The chair in his iudg-
ment leaves the Senate in the attitude in which
its rules place it.
Senator Edmunds thought the chair is right
in his decision, but in conformity with IL
offer the following amendment which is simpIy
restrictive of legislation now in the bill. Nor
shall this section be held to apply to any case
in which the employment of the military powe,
of the United States is authorized by the con.
stitution and laws made in pursuance thereof,
Rejected, yeas IA, nays q.
Senator Kirkwood offered the fo,lovino
amendment: Provided further, that nothine
in this provision shall be construed as to pre
vent the use of troops when necessary to en-
force the lawful execution of any Law
of the United States by the execu.
tive thereof in any State or Territor,
against forcible or violent resistance thereto
or to prevent the use of troops when necessar,
to protect any civil officer of the United State,
when engaged in the lawful performance of biz
official duty against forcible or v;olent attool
or resistance, although the application for suct
use of troops shall not be made by the legisIa
ture or executive of said State.
Senator Withers raised the same point o
order against this as against Senator Blaine
amendment.
The Vice President overruled the point O
order, ruling that the amendment was simpl
| explanatory and defnitive.
| Senators Kirkwood and Conkling advocate
the amendment, after which it was reiecte1
| yeas IS, nays 90.
/ =