Forty-fourth Congress

Mr. Lynde, from tho Judiciary Oommittee, made a report relativo to the refusal of WelJs, Anderson, Caasanave, and Kenner, members of the Louisiana Iieturning Board, to produce before the Committee on Elections in Louiaiana certain papers domanded by gaid oommittee. The report conc'udes with a resolution directing the Arma to take iuto cuatody and bring beforo the bar of tho House tho above-nanied gontlemen. Mr. Frye, a member of the Judiciary Committee, eaid when that report waa agreod to in the committoo there was no Hepublican mombcr of ttie conimittee present. For nis part lio regarded the doctrine enunciatod in it au a monetrouö one. Under it thc-re was no sovcreignty anywbere in the country that waa Lot subject to bo callod before a committee of tho J louso and compelled to produce it original records, lie held, on the contrary, that (Jougreas had no more to do with the Returning Board of Louisiana thau ho as an individual had. It Beomed that nothiag was eacred frota the Democratie invcstigaüng committoes. Even to-day the commi'.tee of the Huuae was committing the indecency of demanding from the National Uepublican Committeo its whole manner ot conducting a naticnal oampaign, it-s wholo correspoadencu, all its telegram, all it monoy, coilections, etc. He wa happy to say, as a meiuber of that coiiinittec. that lie had adviued the putting in of everythiLg, letterb, telegram?, etc, for lielmewperfccrly wdl tbat tliere vai notbing inthem that wou. i indícate frawd ia L' uaimi, Florida orSouthOarolioa. He knew tliat that committee bolieved tho licpublicans bad carried theae tbreo States lioneutly and faiily, aud that tlioy would be cotnted for 1{ B. Uaje Uüle.-s the üomocrats of those States and of the Unitod States s'iould stoal by f rand the votes of those StatCF. He hoped that the gallerieB would not help tho Domocritic side of the Houe in this debate. Mr. Lattrell - I dj not think the gontleman has the right to chargo the Democratie party Withsteaiug whea l.is Üepublican conimiltio 10 ibtá the poor orphanu and ii lows in the deparunente to cany on the campaign. Mr. Fryo - I did not know ivhou í gave the gentloman from California liberty to aak a queetion that he wanted to nterjwot alittlo ' eiag'g calstump Bpeech that would meet the applame of the gallenen on that eide. Mr. Luttiell- Do you deny that it in so ? You were on the Republican Ñatiouul Conimittee and you know that the poor widowu and orphaus of the dopartments were made to pay for tho campaign. Mr, üi'.vi. - Thcro is a committee of members of the House - intelligent membor of tho Houho - which is investigatiug that very eubject. The committee will find out and answer the gentleman ahortly. Mr. Luttrolt atlompted to mako another remark, but was informeel by tho Speaker that "ie gentleman from Maine was ontitled to the floor. ' Well, sir,"Baid Mr. LuttrelJ, "he bulldoioj tiiem." Mr. Fryo declared that the Repnblican Committee had nevor asessed, rlemanded, or abed contributiona frora such peolo an Mr. Luttrell hul described. Ou tho contrary, it had sent out a very polite reinest to the gentlemen who were cmmúaioned by the Tresident and cinti'med by tho Senate to help to run the campaign. .Mi. Jjuttrell - Was it not undorefood that evory one wlio doclined to pay an a?eesement shotild be discharged ? Mr. Fiye - It waa uot so understood and thore nevor was a man aakcd twice for a i ' tribuí ion. y Mr. Luttroll- Becauee if he reíused ho was diacharged. Mr. Frye - And Hiere nover waB a snggestion tbat anybody sboitld bo punishr d for refupíng tomáko a contribution, aud títere nover was anv contribution whatever to tho Republican National Oommitteo írom the departmont clerks. Mr. Cox, of New York, said that be would not follow the ariiumont of the gentleman front Maine, wbich bad boen sufficiently anBwered by tho badinage of the gontlomaa from California and by tito irouical cheers of the gaileriee. Tito point boforo the House wan HÏruply whether tho anthority of the House shonld bo dierogardod by tite Eeturning Board of Louisiana. Mr. lvHsaon argued against tho reeolution heeauBO it wou'd establinh a precedent that a corflnuttoe of tho House cotild summon tlio Governcr of a Hutu to bring before it the papers of bis oftico, and could bring that high otiicial beforo the bar of tho Honso, degrading hint by aekiug him to etaud at the bar and auawor for contempt. Mr. Hooker Bid that ho would uot follow the esamplo of the gentleman front Mxiuo (Frj'e) in seeking to avoid an3 evade the plain, simple propo.iition Bubmittcd by tho report of tho Judiciary Committee by stating with the i etnphasis which that gentleman did that he bclievod that for a series of ycars a gront body of citizens of Louisiana "had determined to deny the right of aaffrae to a certain clasa wbicb. was entitled to it. What was thore that surroundcd the KatumiKg Board of Loiiisiana wilh a sanctity whioh preveuted it from giviug to tho comïüittee of tho Houbo information as to whether tbere had been an honest vote in that Stato ? ShouM it be said that tho Roturniug Boir.l had power to cast out votes from tliia or that pariah and that thero was no power which coulii investiga1 whether it had loKally doue so ? Mr. Oarfiold argued that the provieione of the constitntion in ropard to tho Presidential olection were imperative, and loft no time or authority for a oonteet, and he challenftort tho naruing of any stateBmHU who liad everclaimod that Congres had the power (within the five limitations montioued by bim) to go of a State to look at the voto. If the votos of ono State were exarained, tho votes of all States might be, and thus an election of President might bo at any timorenderedirupotisible. He appoaled to the Democratie side of the House to pauso before it committed this act of assault and destruction on whatever thore was of sovoreignty iu the thirty-eight Staten of tlie Union. Mr. David, of North Carolina, asbed Mr. Gariield why it was that partisan committeos had beea sent to three uuthern States by President Grant. Mr. Gaifield - lf the galleries will stop their chattcr I wül answer. The gentlemen wbo went to Lonit-iana at the requctst of the President went there only as invited witnosaee, aud on our arrival we were asked by a Democratie committee to join them in helping to secure a connt of all the votes actualïy cast. We anawered that we wre not there to secure anything, but least of all were we there to direct any body in Louieiaua to viólate the laws of that State. That waa their busineaa, not oura. Mr. Davia - By what authority did the President invite them there ? Mr. Garfield - If tho gentleman neode to ! know by what authority an American citizsn ! travela anywhere in the United States, he will learn the authority by which I for one, woutto Lo ni ai a na. Mr. Davis - Why was it that fonr years ago your party threw out the electoral votea of eevoral States ? Mr. Wood, of New York, repretted that the gentleman from Ohio (Garüeld) bad geen fit to cloee an otherwiso admirable argument by a mo o partisan allueion which waa entiraïy unneceesary to the diacneion of the present matter. He wanted no partisan influence or rofiectiou to enter iuto the discussion ; and wanted the question detenmued on principien higher than party principies. He held ttat the States had not the solo power f o appoint electora. They had power to appoint them under certaiu rostrictions, and it noct aarily followed that it devolved on Congreas to acertain whether that power had been executed in acoordance with law. The constitución placed certaiu limite on the Statea, not on Congreso as the gentleman from Ohio (Garfield) maiut&inerï. Mr. Lawronce procoedod to argue againat the refiolution, and in tho courae of tüo dtecuaaion he waa met with suggeetions abouttho interfere ace with the State authoritiea in the Orogon case. In reaponee to theBe suggestiona Mr. Garfteld expresaed hia hope that if thcro was no right to inquire into that fraud without violating the couatitution of Oregou, Mr. Tilden would be oounted in. Tho provioua question was then soconded, and the reeolution went over. Kfgalar Proceedings. Tuesday, Jau. 16.- Senate.- Mr. Pattereon presentad a petition of D.H. Chamberlain and oiliirR, rf Koufh Carolina, soitiny forllx that many of tho statements of Wade Haropton and othera, recently presented in tho Senate, are untrue. Itead and ordcred printed....Mr. Shermon, from the Fiuance Cominitteo, reported the Houao bül, known as Bland's Silver bill, without recommendation. and askod that it bo placed upon the calendar. He also gave notice that he would, when it waa taken up, offer a Bubstitute from hiniself personally, and not originat ing in the committee. Iho Eubfititute was ordered printod 4 reeolution was adopted calling upon the President for information in regard to the revolt in the lurkish provinces Mr. Patternon eubniitted a resolution recognizing D. H. Chambcrlaiu as tho lawful Governor of Soutn Carolina. Referred .... Mr. Withers called up the message of the President in regard to the occupation of Petersburg by tho military on o'ection day, and yielded the floor to bis colleague, Mr. Johiïston, who spoke at length on' the subject. Mr. WithiTi} also addressed the Henate upon tho subject, and at tíie conclusión of his remarks submitted thpi following, which waa agreed to: "_.'■■■- solved, That the Committee on Judicjary be iiiHtructcd to examine whether tho coustruction of the laws touching the elective franchise promulgated by the Attorney Ooneral in general orders No. 96, of date Sept. 7, 18 TG, be correct, and that they report by bill or otherwise." House.- Tho Senate joint resolution anthorlzing the appointment of a coniuiiBsion to attend the international coiivention to inquire into the relativo valué of gold and silvor waa laid on tho table. YeaB, 125; nays, V.i Mr. Lynde, from the Judiciary Committcc, made a report rolative to the refupal of Wells, inderson, Casatiave and Kenner, members of the Louisiana Iteturniug líoard, to produce bcfore Ihe committee on flection in iLonisiana certaln papers demanded by said comuiitteo. The report conclndes with a resolution direuting tho A rme to take into custody and bring before the bar of tho Hmit-fí tin abovc-mentionpd gentlcmon, A long and lively political discuBeion followed, participated in by Mt-r-urs. fr.ve, Luttrell, Cox, Easson, Oarñcld, Wood, Lawrenoe, and othors, at the conclusión ot which the previous question was seconded and tin resolution went over The Speaker laid before the House a communication from E. W. Earnep, the recupant witueBH, declaring that the anHw'er which he made when laat before the bar of tho Uouse waa made in good faitli, and that he was cntirely willing to produce the messagen demanded if it were iu his power, an] that he would make cvery cffort to obtain said uieafiagftfl, and asking tbat he be perroittcd to mako the atieuipt, promlaiDg tliat if lio was uuabie to do bo h would iiiiin place himself in the custodyof tbe Sergeant-at-ArniH. The communication was referrefi to the Juiliciary Comraitteo Mr. Ilunton, from tho Judiciary Committoe, reportecï a rrsotution peruntting Wru. Orton, now in custody of the Si-rgeant-at-Arms, to prococd uuder his charge to New YorK for tho purpose of conHulting his physlcian, and providing that he should return to Washingtor on Friday. Adopted. Wednesday, Jan. 17. - Senate,- Mr. Morton, from the Committee on Privileges and Klcctions, stated that the money appropriated to carry on the investigations now being made by that conunittce had been expended. A bil] appropriatmg $")5,i (:0 additional to defray tho expenses of tho committcf had paRRcd the Sonate but was delayr-d in the Uouso of Eepresentativee Mr. Morton replfed to the remarks ol Mef-srs. JohuHton and ■ itiuTH, f Virginia, made yesterd.iy, in regard to tho occupation of Peiev? burg by the on the day of the late election for President, ilc aefended th-3 action of the President, and argnod that onder the law the President had tho right to send troopa to any pulls in any Statu for the purpoe of kcepiug tho peace. The debato waa furtber continucd by MeuBrs. Johnston, Sherinau aud Aitiiors, iftt-r which the subject wat laid asido. Uouae.- Tho House patsed a rem!utton pormitting Barnes, tho contumacious witness, to rctirn to New Orïeanti, in charge of a Dcputy Sergeant-ntArins, to nee whether he can procure the teiegraphic di'-'piitchcs callnd for by Mr. Morrifion's cmuiittce. lülls were introduced and reforred : )ïy Mr. Htono, of Misffouri, to próvido for the organizaiion of tho Terrítory of Oklahama ; by Mr. Kíddor, cxtondiu;ï tho time of piiymont for public IrikIh in cmos where the cropn havo boen dobtroyed by gras e hop per a ; also, CH'abÜKhing a land diBtrict in tho }ïlank IIIll8....Mr. wellH. from tho Committi-e on AppropríatioiiH, reporten the Tndian Approprlation biLi.. ..Mr. Tïarris olïerod a reBOlution inatrncting the committcfi on privileges and dutiea of the House to report w&ai uv.mbor of electoral votes íh necvusary ander the coustítntiou to elect a President. Ref t-rred A dJBRUHHion tfok place npon the repnhuion rojwrtod by tho Judiciary Conunittce in r-lution to the refual of momberd of the Louiriiinu lï'.urning ïïoard to produce ortain papers l,efore the 1. m:niana special eomuitUec. At tho ciiiclu9ion of (lie debato a vote mu taken and th? r s ;iti p fbr tho arrest of tho memben of the IVmiHiana Heturnfng Board and their production before tho b:ir ui the Honse to aiiHwer for oontempt was adop'.ed by a strict party vote - yïas, 158; nays, 81. ïhuuhday, Jan. 18. - S natf. - Mr. E Imundfl, from the special committee appoiuied to doviHc moans for countin'-j tho electoral voto, submittod a leport in writing, aeeonipiimcit by a, bil!. Tho report., ho wan happy to py, was signed by all the liiomln ta of liotli committeer, with cmo rxfption. Tlic eottitnittee was of the opinión thut (lio ïnoasorj they reoommeuded waa not wint conld bo callad a compromiso, but it wa a raeasure of juatice, and in a ui rf oonfttUntional Oovf-rnTiirnt. No one would have rigbt to n.iy ibatanybods i i vf h. ui been fuirrrmU r.ii in .iiv rtispOCtj ..Mr. Jo068, f Flor td &, pn sdnted the j-titiau of tbe forir Dt miBttitic Presidoatial elooton "i1 tlorláft, oiaimtDg to liave lunn Irgully rlicfd, 'aj( tekwg tiU( tho electoral vo'.t cant by thrn fur Preeid nt and Vice President be :ouutei inntead of that cat by tho 6]eoloritfn tho other oide. Houtie, - Mr. Paync, chairman of the committee on Vouoting the eloctoial voton, made a concurrent report of the two couimitueri oí the House and Sonate, which report having been read itwa,on metion of Mr. Payiie, recoruniittcd and ordercd prlnted. Fbiday, Jan. 10.- Senate.- Mr. Cameron, of Pennwyhania, ptepented resolutioua adoptcd by ihe LcgiBlature of bis 8tatc dcclaring that the cerUfioatoB of doctors from the varioun Slatos are oonetltuttonal ovidence of votes cast for President and Vice President, and must bo counted The Comular and Diplomatic Aypropriation bill was pftMOd... LouiHiana was the tUeme of auother long and Hvoly dcba'.c in the Öenate, In which MoBBrn. Bogy, of Missouri, and Shcrman, of Ohto, were tho chief participantH. The former, iu the courao of his roniarbs, bittcrly aspalled tlio present State Goverumnntof Lonisiana, and was loudly chnered by tho Ralleriesfwhereupon, on inotiou of Mr. Edmundo, tho gcntlemen'B gallery was clrarcd of spectators. Mr. Huutiir, froin tho Juaiclary Oominittee, reportod a rcsolution disooargiug WiUIam Orton, PrcRident of tho Western Union Tolegraph Oonipany, from the cUBtody oí tho Sergeuiit-atAriiin. Adoptcd without división... J. HadiRon Wel Ia and Thomas C. AndorBon wero brought before the bar of tho Houso to auswer for contempt of tho privileges oí the House. Having answored to tho questiou propounded by the Speaker, that they woold prefer to post pono their further answer until the romaining inenibers of tho Louieiana Heturninfï lioard Bhall arrive in Washington, tho matter was referred to thn Judiciary Committeo.... I'his was a pala day for tho femaie Biiffragists in the Hoxise. By a preconcf;rtt:d arrangement twenty-five petitions wero presented by members from as many different States in behalf of a Bixtoenth amendment to the constitution guaranteeing that the franchiso shall not be donied in any State on account of sex. Satukday, Jan. 20. - Señale. - On motion of Mr. Edmunds, tbo bilí reported by tho special coinmittco ín regard to the counl of the electoral vote wan taken up. Mr. Edrnunds proceoded to adórese tli. ■ Hi'iiato at length, in advocncy of tho rueasure. Tbo foUowiiitf are sonic of the poiuts made by him in favor of thö bilí : Th( purposc f tho commiahi'in it) to decido v. li.t is tho electoral vote oí a otate. The election of tlio Congresalonal part of tho commisiion by a viva voco vote rendera iutrlgue impossible. The comminsion is largo enough to prevent the poBsititity of corruptmg iiifluencep. Tbc Judfien nanied are ehosen according to geographical locality. To guard aRainst any caviling, tüe oatU niakespartianphip impoRBible. Tho comnilssion ík not to decide a policy or determine a future. It ia to pass on tho irrevocable past. The commüsaion is to discover what ifj the paper, if auy, whlch speaks the confltitutiooal vijws of a State, and how mauy and what pereoos we re elected eloctors. Tho plan, he claimed, holde the scale of jugtico in absolute equality and givoHuolhingioeither party. The commiBSion ie to determino whother tho electoral voto was cast aocording to law. Mr. Ertmtmds ncitheï affirmed nor deuied that tho commission had power to go behind t!ie returnp, He only said tbat, if Congress had the right to do tbie, the comtuiSBion had, or would hnve, and that was ono of the qiiestions sxïbmitted to ít. Mr. K iiuumls aflirmed that the constitutionality of the bilí was wühout a doubt. tLe maintalned the President of the tíenate has not the light to count the votes. Ho insieted that by no legal interpretaron could it be held that the opening of the vote implled the right to count. Nor was the Vice President a Judge. If that theory is admitted, tho monstrous propoaition must be conceded tbat tho Vice PreBideut cn try and determine the case and fiDally declare himeelf President of the United States. He argticd that tho oontitution had been so framed that there ís but one provisión In it which exeentes itself, Tüat related to tho capture oí siave property. jsverv otnor pr:i8ion Is onlj executed by Ciuigressional regulations. The Presidont is Coniniander-in-Chief, but every act is regulaled by law. Ihe funclione of the jndiciary are prescribed by the coiistitution, yct thcir proceduro if rntirely entrolled by law. The constitution which was ndftpted to all time, was franiod so tha 3ongressionai legislation could adupt it to the varici emcrgencles of different gencrations. He acuicc ;ho faol cmphatically that the procedente show that :ke President of the Senate has counttul the votes On the oontrary, Mr. Edmunds nffirmed that, as an arithu.etical proposition, ha had never oven connted one vote. The tellers were always appointed, and that from John Langdon to Schuyler Colax the two houses dictated to Iho presiding oflicor of the Seiiato the coiirse he shou'.d pursue. House. - Tho House, in couimittee of tho who'o devoted tho day to debate, Uio Bixieches takiug a vide political range. Monday, Jan. 22.- Señale.- Mr. Morton addressed tho Scnato In oppesition tothe Compronuse )ill in regard to counting tho electoral voto. Ho litterly assailcd the ineasurc, charactorizing it as 'the product of tho Mis&ï.sippi plan," declarinf .nat " tho hadow of iutiioidation had been seei n the Seiiato chamoer." Ho believed Gov Haycs kad been electod under the formi oí law, and that rkould ko be conntec in tbere would no revolution. He ar;ued ia favor of the right of the President of the Senate to connt the electoral votes. Tho Presiden oftkeSennte dld count the voiefcr seventy-two year ; tellers wcre mero facilities for maklng calculations aud keepiug aocountf. ïhey conntfd what tho. I'roKiiknt handed them down t count, and hauüing tkem down the certifleates to count was the acclaratton of the vote, It con tiuued from 1789 to 1801. Whether the electors were ellgible was a matter Ioft with the States iin der tbe iiijuncticns of tke constitution. ïke hand ing down of tke eertincato by tke President of tke ySonato was a declaration of tho voto contained in it. Very few Republicana respect the bill. It wil bo taken by Republicaus, if taken at all, as a doso of caitor oil. Senator Edmuuds burued hiB ship behiud kim when he deuied the power of th President of tke Senato to count tke voteB in th absence of legislalion. He thus eeemed l inake it a nccessity to accept this bill. Mr. MortonV chief objection to the bill was tbat it gave the commissiou power to go behind the retan, aiid ascartaln alone wbat electors were duly appointed, which hebcla to be unconetitutionaj, and regatded, beBidca, as a c harige of the exisiing status in favor of the Deinocrats. Mr. freliughuyaea followed Mr. .Morton in a wrttten í pi ech in favor of the bill. Ho arjrned in favor of the coufttitutionality of the measure, and denied tbat it gave the commission power to go back on the papers submitted to aee how retuming boards perforraed their dutios. After Mr. Frelinghuypeu tooi bis seat nobody rose to speak. Mr. Edmunda wantod to push tbc biU to a third reading, as no ameudments were oflfered. Mr, Sh'Tinan ploaded for drlay. ir. Mitchell moved to adjwurn, and it was votfd down. Mr. Kdmimds explaincd the ueoeBity of prompt öecierion for or againet the bill. Mr. Sberinan wanted the members of the commtttoo to give their view upon it. Mr. Thuriuan esplaiucd that they bad done so in their report, and ita opponent hould now make theuiBelvys heard. ! Mr. Cameron made a brief spbecb againet the bül, dfiioiinciDg it as a Democratie affair, gotten up by throo or four Republicana to gratify their polïtical opponent. Mr. 3dniuudB finally conseuted to let the bill go over. Üoiisc- Mr. Frye introduced a bill for tbe trial of contested electiona f or theoinces of Prof-ideut and Vice President. It próvidos that an election may be contested by any eligiöle jjerson wbo kas receiveá the vote for President, and that the conrt for the trial of huch coctested tlection phall conflist of the Cbief Justice of the Supremo Court and 8ix Judgps of the Circuit or JJistrict Courte, to be selecto! by the Chief Justice. Bille wfic hIko introduued by Mr. Caulflcld to regúlate tbe iiispoition of troops In the District of Columbia, aud by Mr. Sayíer to n forin the ;ivil service.