The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1886-02-19
XLIXth CONGRESS- FIRST SESSION.
SENATE,

oi11eo euoy NSIe dorelgn D0rn, praying loi tne
submission by Congress to the several States
OF g. proposed constitutional amendment
abolishing the Presidency.
When reports of committees" were an
nounced in order, Mr.. Edmunds rose and
SAID: MI. President, l am instructed by
the committee on Judiciary to whom was re-
ferred the letter of the Attorney General
with authority to report with open doors, to
make a report with sundry resolutions,
which ask may be placed on the calendar, .
The President pro tem.-Does the Senator
desire to have them read?
Mr.. Edmunds-No sir: but the Senator
from Alabama (Mr. Pugh) desires to make a
remark.
Mr.. Pugh-From the minority of the COM
mittee, as to the report just made, desire to
state they knew nothing of the contents OF
the report until it was read to the committee
this morning. The minority desire to pre-
pare report in which they win present their
views, and to enable them to do so they have
until Monday week, within which to pre-
pare a report 1t is understood that the
majority report and resolutions accompany
ing it will not be called up for consideration
until we get leave to file a minority report
The time given us to do so is not to extend
beyond next Monday week.
The resolutions were read, and with the
accompanying report. were ordered to be
printed. These are the resolutions;
Resolved, That the foregoing report of the com-
mittee on judiciary be agreed to and adopted.
Resolved, That the Senate hereby expresses its
condemnation of the refusal of the Attorney Gen
era, under whatever influence, to send to the Sem
ate copies Of the papers called for by its resolution
OF the 26th of January, and set forth in the re-
ports Of the committee on judiciary as in violation
OF his official duty and subversive OF the funda-
mental principles of the government and of a
good administration thereof.
Resolved, That it is, under these circumstances,
the duty of the Senate to refuse its advice and con-
sent to the proposed removals of officers the doc
uments and papers In reference to the supposed
held by the executive or any head of department
when deemed necessary by the Senate, and called
for in considering the matter
Resolved, That the provision of Section 1854 Of
the Revised Statutes declaring that persons, hon
Orably discharged from military OF naval service
by reason of disability resulting from wounds or
sickness incurred in the line of duty shall be pre-
ferred for appointments to civil office, provided
they are found to possess the business capacity
9ecSsssIy or proper ia dsehaTge OF the s duties o
in execution and that to remove or propose to re-
move any such soldier whose faithful ness, COM
potency and character are above reproach, and to
give place to another who has not rendered such
service, is violation of the spirit of the law and
OF the practical gratitude the people and govern
ment OF the United States owe to the defenders of
constitutional liberty and the integrity of the
government.
The report recites the fact and circum-
stances of the removal of Dustin and APP
pointment of his successor as u. S. attorney
for the Southern district of Alabama. It de-
Judiciary committee since the passage of the
tenure of office act to call upon the heads of
departments for all papers and information
in possession of the department touching the
conduct and administration of the officer
proposed to be removed and the character
and conduct of the person proposed to be
appointed. This has been done with the
unanimous approval of all the members, al
though the scomposition of the committee
bas been during the period sometimes of one
political character and sometimes of another.
In no instance until this time has the COM
mittee met with any delay or denial with re-
spect to furnishing such papers and inform
alton, with single exceptian, and in which
exception the delay and suggested denial
lasted only for two or three days. The pre-
cedents are cited and discussed at great
length. One of the appendices is a list show
ing the numbers of officials of various ranks
who were suspended or removed by the
President during the first 80 days of the
present session of Congress.
The hour OF two o'clock having arrived the
education bill was taken up and its consider
alton proceeded with.
Mr.. Plumb offered an amendment to it
providing that as to territories not the Secre-
tary of the Interior but the legislatures of
the several territories shall have administra-
ton of the money. Agreed to.
Mr.. Teller moved an amendment so as to
include the Indians in its provisions. Re
jected.
Mr.. ingalls, said the bill was an act of
grand larceny on the treasury. When the
States OF the South asked for this money on
the basis of the whole number of its litter
ates above 10 years old they knew and the
whole country knew they were obtaining
money under false pretences.
number of amendments having been
submitted in order that they may be printed,
the Senate on Mr.. Allison's motion went at
once into executive session and after few
s<'
till tomorrow.
The speaker announced the appointment
of Mr.. Findlay of Maryland as member of
the committee on banking and currency, to
fill the vacancy occas ioned by the resigna-
ton of Mr.. Curtin of Pennsylvania.
Mr.. Crisp of Georgia, from the committee
on Pacific railroad, reported a bill amending
the Pacific railroad acts so as to compel these
railroads to pay to the United States the
amounts paid out by it for surveying the
lands to which they are entitled Put on
the calendar.
The House then resumed consideration of
the bill FORGETTING the land grant of the At
lantic and Pacific Railroad.
The bill was discussed without any result
being reached until the expiration of the
morning hour and then the House went into
committee of the whole on the Fitz John
Porter bill.
Mr.. Phelps of New Jersey said he had be-
lieyed for twenty years that Porter was
traitor and deserved to be hanged. That was
the popular opinion of the loyal North and
his heart had been with it. He had changed
his mind and believed that Porter was an
honest man and loyal soldier when as his
representative he had been obliged to exam
inc evidence and learn facts.
Mr.. Curtin of Pennsylvania earnestly sup
ported the bill in a short speech but he was
attentively listened to and his crisp replies
to many interrogatories which were pro-
pounded to him gave rise to a good deal of
applause and laughter.
Mr.. Bragg of Wisconsin, in a..few remarks,
closed the debate. The committee then rose
and reported the bill to the House.
Mr.. Warner of Missouri moved to recon-
nit the bill with instructions to the military
committee to report an additional section
authorizing the President to place A. j.
Smith on the retired list, with the rank of
brigadier general.
Mr., Bragg raised a point of order, which
was argued by Mr.. Reed of Maine, who man.
aged between his parliamentary points to
get in an assault upon the constitutionality
of the bill
Mr.. Eyerhard of Pennsylvania moved to
recommit with INSTRUCTIONS to strike out the
words prior to his appointment under this
act so as to make the proviso read "said
Fitz John Porter shall receive no pay, com
pensation or allowance whatsoever"
Mr.. Reed, suggesting that this gave an OPP
portunity for vindicating Porter free from
any question OF money, demanded the yeas
and nays. The motion to recommit was
lost.-yeas 112, nays 173.
Mr.. Bragg of Wisconsin, who demanded
the previous question, then withdrew the
demand and again took the floor i'll support
of the bill.
On conclusion of Mr.. Bragg's remarks a
vote was taken and the bill was passed.
yeas III, nays 113,-as follows:
Yeas-Adams of New York. Allen of Mississip-
pi, Anderson of Ohio, Baker, Ballentine Barnes,
Blanchard, Bland, Bliss, Blount, Bragg, Brecken,,
ridge OF Arkansas Breckenridge of Kentucky.
Burleigh. Burnes, Bynam, Cabell, Felix Campbell
of New York, Campbell of Ohio, J. j. Campbell of
New York, Gambler, Carleton, Catchings, Clandy,
Clemens, Cobb, Collins, Compton, Comstock,
Gowles, Crane Crisp Galberson, Curtin, Daniel
bama, Dibble, Dockery, Dougherty,. Dowdney,
Dunn, Eden, Eldridge, Ellsberry Ely, Ermen-
trout, Findlay, Fisher, Foran, Ford, Forney,
Fredericks Gay, Geddes, Gibson of Maryland,
Green OF North Carolina, Green of New Jersey,
Hahn, Hale, Hall, HalSell, Hammond, Harmer,
Harris, Hatch, Hayden, Haynes, Head, Hemp
hill Henderson of North Carolina, Henley, Her
bert, Hewitt, Holman, Howard Hutton, Irwin,
James, Johnston Of North Carolina, Jones of Ala
Lanham, Lawler, LeFeyre, Lore, Lowering, Low
ry, Mahoney. Martin, Matson, Maybury, Nc
Creary,. Mcmillan, McCrea, Merriman, Miller,
Mills, Mitchell, Morgan, Morrison, Miller, Muir
ply, Neal, Norwood, Oates, O'Ferral, O'Hara,
ONeil OF Missouri, Outwaite, Pell Perry, Phelps,
Pincer, Pindar Reagan, Reid of North Carolina,
Richardson, Riggs, Robertson, Rockwell, Rogers,
Sadler, Sayers. Seney, Seymour Singleton, Skin
ner, Snyder, Sowden, Springer, Stahliecker
q Tqrfn nf rfiV1 of axxr